Well, what will happen if someone (or a group of ppl) from northern India file a PIL that HMA- exception of allowing marriage between cousins should be extended to him/them also (for some reasons) ??
In principle, court should extend the courtesy to them as they are also asking for exception NOT a restriction. No??
Can anyone (law person @JL) shed some light on this: if it is possible to ask for such an exception? and if court can NOT entertain individuals request (only a community can ask for such exceptions) then how many people will define a community?
and if HMA is non-amendable? [that would be sad scenario, as south Indians got a fair deal courtesy to south Indian HMA-boss in 1955]
Sunil first of all not able to understand your question, whether you are asking to file PIL for getting exception for performing marriage in same gotra or for restrictions for marriage in the same gotra.
As per my under standing and knowledge of law a PIL can not be filed for restrictions on marriage in same gotra or even for amendment. PIL what is a PIL. It already enshrined in Article 32 of Our Constitution and recognised by our Judicial system in 80'. Any person or group of persons can file a PIL in High Court or directly in Supreme Court on violation his or their pconstitutional rights or any any injury to his persons or group of persons, for filling of PIL as per various judicial pronouncement following conditions sholuld be satisfied:-
-There is a personal injury or injury to a disadvantaged section of the population for whom access to legal justice system is difficult,
» The person bringing the action has sufficient interest to maintain an action of public injury,
» The injury must have arisen because of breach of public duty or violation of the Constitution or of the law,
-It must seek enforcement of such public duty and observance of the constitutional law or legal provisions.
So if there is violation of constitutional right and legal right recognised by any law, of any individual or groups of individuals ,then PIL can be entertained.so its a remedy exended for the destitute or to disadvantaged section of society those have less or no acess to the judical system.it talk about the violation of constitutional and legal rights recognised by law.
In view of this PIL can not be file for restrictions for same gotra marriage.
On the contrary it will violat the constitutional right of the couples by impositioning such restrictions.However they can go for PIL in that situation.
Only remedy is to amend HMA,it is amendable any Act can be amend by the legislature simple introducing a bill for amendment.