JUDGEMENT
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(1.) The petitioners have a grievance that suffix "Koli" is attached to their names which represents a particular caste and it should be replaced as "Rajput". A writ petition in CWP No. 3001 of 2012 had been filed earlier for such a relief before this court and this court had directed the Deputy Commissioner to consider his plea and pass a speaking order. The order has been passed by the Principal Secretary to Government Home Affairs declining the relief since the entry which was sought to be modified was an entry in the revenue records to which the provisions of the Punjab Land Revenue Act apply. The impugned order recites that it would not be possible to reach a conclusion about the case and category to which the petitioners belong and any modification to a revenue record in the absence of specific recommendations from the Scheduled Caste Commission or the National Scheduled Caste Commission cannot be done. The impugned order also states that the modification in the revenue records are always made prospectively and no previous records that exist could be modified by cutting or over-writings or interpolations, for, it would subvert presumption that arises statutorily under Section 44 of the Punjab Land Revenue Act. The Commissioner has observed that sajra nasab is a part of record of rights and in case of the petitioners whose names were not recorded in the record of rights, no action could be taken even by the Revenue Department. The learned counsel states that the name "Koli" was wrongly attached at some point of time in the past in the year 1948 when there was karewa form of marriage and they should have suffix "Rajput" and the entries which have come about 6 decades earlier are a historical aberration which must be rectified. No history can be modified, only future is in our hands to bring about a change. If a person carries a tag of "Koli" and he wants to disown and wants to be named only as "Rajput", he may declare himself to be so, but he will have no relief through the court that a particular entry entered some decades earlier, should not be there. All that he can expect is if he does not want his caste name to be included in the revenue entry in future, it may not be done. The order passed is clarified to the effect that the petitioners cannot secure any change in the entry already made in the revenue records and if they want suffix to be dropped wholesale for the future, they may do so for any future entry.
(2.) Before parting, I must observe that however unfortunate it is, India has a system of caste for several centuries. All the social reformers who wanted to evolve a society free of caste have made possible some dis-criminations practiced to be stopped and affirmative actions to be taken for members of some oppressed and backward classes. Caste is still seen as relevant at least for the purpose of rewarding persons with privileges of reservation in the fields of education and public appointment. A caste-less society, there shall be in future, but one cannot remove what is already attached to person's name in the old records. It is the attitude that matters to be unshackled by caste but if a person wants an affirmation through the court order that caste appendage in the old records must go, it cannot be done. Even a great social reformer in South India, E.V. Ramaswamy had a caste appendage to his name as 'Naicker'. That could not be dropped. He transcended caste limitations, strove all his life for upliftment of the oppressed classes and denounced varnasrama dharma. Justice Krishna Iyer, a centenarian and a great jurist is known to be among the foremost progressive social thinkers. His judgments and later writings have been sources of inspiration to many an activist to strive for a casteless society. The caste appendage to his name had no relevance. The change resides in acts of individuals and not merely cosmetic changes in names and caste names of the past. Let the young Bharatiyas shed all caste prejudices, adopt global view on men and matters, unaffected by narrow sectarian outlook and abjure discriminatory practices in social interactions. Let references to castes in the past be ugly reminders for a solemn duty for everyone, old and young, to think and act as belonging to only one community, that is humanity. There is no legal right to be addressed. The writ petition is dismissed.;
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