You have made a good point that he law too is after all for the people and should be amended to suit the people if the so desire.
But the fact of the matter is that law doesnt change for any particular community except for religious norms. Our constitution guarantees the same basic laws and right to everyone irrespective of their caste and community. Its only religious beliefs that are left untampered by the courts of law. And even then people have tried to take same gotra marriage into the courts. More than 40 years ago SC decided on a same gotra case and quotes religious Hindu texts to throw out the case against same gotra marriage. Even a few years when Khap issue was in media highlights, a man tried to go to court to seek ban on same gotra marriages. The case was thrown out again.
The trouble with society's laws is that they arent written down anywhere and society itself is so dynamic and in a state of constant flux that it changes its norms very frequently. While in the case of religion, because there is a code written down in religious text, framing laws is simpler. But society's norms aren't collected in one place or written down anywhere. So if one community wishes to change the laws to suit itself then it would have to show a text where all laws are written and prescribed to the members of the community. Apart from that the only way to amend the laws is to seek a referendum on the issue. If all Jats agree with it then it could be made a law. But that will open a can of worms as we have literally thousands of communities and law cant be amended to suit everyone.
Jaspreet,
As far as mine understanding of the law, there is no such prohibition that law can't be formulated for any particular community. The Hindu Marriage Act also have indifference itself, The HMA prohibit marriage with first cousin among Hindus like marriage with Mama's son/daughter, Bua's son/daughter. But the same HMA also exempt some Hindu communities specially from south India where their tradition allow to form matrimonial relationship with Mama's son/daughter, Bua's son/daughter.
So the same law can null and void a matrimonial relationship in some part of the India and the same law gives a legal sanctity to the same relationship in some other part of India.
Are the south Indian are not Indian? Why there is no uniformity in HMA here? In which text or holy book it is written that Hindus can form the matrimonial relationship with Mama's son/daughter, Bua's son/daughter?
There tradition is tradition and got a legal sanctity and our tradition is bullshit and won't get any legal sanctity. This is nonsense and I can't buy this argument. As south Indian tradition allow to form some relationship, similarly our tradition prohibit to form relationship within father and mother gotras and It should also have to get a legal sanctity at least for Jat community or any other community who follows the same tradition.
There are 1000's of Gotras among Jat community, if as per our tradition, we avoid 2-3 gotras at the time matrimonial relationship, it doesn't make any difference. We still have 1000's of gotras to form the relationship. On Jatland more than 3000 Jat gotra are listed or even we should have to do Inter caste marriage, the whole world is open.
As far as SC or any other court decision is concern, the court gave their decision as per the existing law, as there is no mention of Gotra in existing law the court are bound to reject such request.
The law make sit in the Parliament and they make the law. If our gotra system will get legal sanctity then court will give their decisions as per that law.