Court challenges India's caste system


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Court ruling challenges India's caste system - Telegraph

Mushtaq Ahmed Mir, an unemployed man from Kupwara, decided to sue the Kashmiri newspaper Tameel-i-Irshad after it published a false report claiming he was a defendant in a murder case. He had asked the judge to waive the court fee in the case because he was too poor to pay it.

Here's what the judge said:

"When the plaintiff is not even in a position to pay the lawsuit fee, he cannot seek damages for defamation, " Judge Nazir Ahmed Fida said. "The dignity of a person of low integrity will not be lowered further in case his name appears in a defamatory piece of news."

I'm shocked a judge actually said this. The plaintiff appealed to the High Court and was successful. The High Court "reprimanded" the original trial judge and ruled that all Indians were worthy of respect and entitled to a good reputation regardless of their wealth or social status.

The High Court's ruling is seen as a direct challenge to India's caste-focused society.

I think all this social status stuff is horrible. Unfortunately, all over the world, people are prejudiced against because of their so-called "social status."
hi ceres,
you forgot something! let me remind you that India- is the largest democratic country on the planet. ya coz of the population here is next biggest to china, but sadly china is not a democratic country xD. At India here you will find all sorts of people and they all have the right to exercise their democracy and freedom and everybody's status is same here. and nowadays even a small problem can be solved easily here because the public is good, just make sure you are good with others and they will be good with you too!

thats one of the reason why i like to live here. im living in kolkata.

btw... is the topic related to domaining? xD


New Member
Actually, the lower court judge was correct in his first sentence. He went too far in his second sentence. The usually legal idea is that if you have a poor reputation you cannot sue for further damage to that reputation.

In this case the guy who sued had a reputation for being poor, not a poor reputation. I assume he was a Dalit, but I don't know. Unless the sue-er is a Supreme Court judge (one of whom is a Dalit) the sue-er generally has a low probability of earning a lot of money. So the judge would have been safer and would have followed precedent in Common Law if he would have awarded a token amount.

What the newspaper did not report is whether the sue-er did in fact have a reputation of 'low integrity.' Just being poor is not enough. In fact, nowadays in the United States people with a great deal of money are very often the people with the lowest integrity.
Congrats on your 100th post abhishek!

my god you have been spying on me? xD

well i didnt realize that i have made a 'Century' in posting. thanks for reminding me!

i always believed to be a quality poster than a quantity poster on any forums i have joined till date.

i see you are very dedicated on this forum. probably you're the best forum admin i have seen.

thanks anyways!


New Member
everybody's status is same here.

Hi abhishekjha, from what I understand there is still discrimination based on caste and untouchablity. For example:

There are cases of dalits killed for daring to drink water from the same well as their caste 'superiors' or to complain when their daughters are raped. (source))

Also, see:

The untouchablity feature in the caste system is one of the cruelest features of the caste system. It is seen by many as one of the strongest racist phenomenon in the world. (Source)

btw... is the topic related to domaining? xD

Shockingly, it has absolutely nothing to with domaining. Hey, we're in the lounge forum where we're allowed to indulge in non-domaining topics. :D

In this case the guy who sued had a reputation for being poor, not a poor reputation.

Exactly. It's a shame the news article didn't give us full details of the case.


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