system of the Northern Indian Jats”. There are many other books on the basis of these records such as “âßü¹æ ´¿æØÌ ·¤æ ÚUæCþUèØ ÂÚUæ·ý¤×”.
5. Adverse effect on the Jat Community due to Hindu Marriage Act 1955: It is well known that gotra system is the backbone of Jat community which form their social well being and it is only gotra system that weaves the whole fabric of their value system, the Samskaras (â´S·¤æÚU). As a result, the community has to avoid at least two gotras when matrimonial alliances take place. No Khap of a particular gortra can allow among itself as bride a girl belonging to a gotra within the Khap. Jat community recognize this to be very sacred and sanctified custom. Any attempt to violate these, customs, is opposed with all the strength of character. This social opposition bring the violaters (boys and girls of the same gotra) under tremendous psychological and social pressure so that in many cases they resort to the drastic step of committing suicide. As per the Jats’s traditions and culture these boys and girls are brothers and sisters who were blinded by the carnal passion for one another. But the media is projecting them as loving couples sordidly and thus encourages more and more boys and girls to fall in the same line of uncalled for. Moreover, the media has launched a well orchestrated compaign of branding the entire Jat community as Talibani. Whatever the media is doing in this context is only to malign the community, as there has never been any order issued or so called Fatwa by any Jat Khap within India. Therefore, I am enclosing an affidavit on behalf of Jat community in this connection. Kindly note that any self styled Pradhan can not be called Khap.
The right to take action on such social crimes rests with Khaps to discard such persons from the community, in the same manner as its rests with the Sikh Panth against those working against Sikhism. For example, in 1986 Sardar Surjit Singh Barnala while being the Chief Minister of Punjab, was declared a TANKHAIYA and was punished with cleaning shoes and utensils in a Gurudwara.
6. Is Jat a Hindu? The Hindu marriage Act 1955 has failed to accomodate the social traditions of Jat community with the result, the Jats have grudge against it. Otherwise about 80 Crore other Hindus have no complaint against this law. It means this Hindu Act suits other Hindus and was made for them only. The question therefore is, what is the religion of the Jats? The Hindu Granth Sakand Puran holds that the widow marriage was prevalent only among Sudras but Jas have been holding widow marriages as a solemon religious act since centuries. So according to such Hindu Granth the Jats are Sudra. But at the same time
National Second Backward Class Commission (Mandal Commission) says that all the castes in Sudhra Varna have been given reservation. But the Jats were not included in the reservation by this Commission. This means that Jats are not in Sudhra Varna conflicting with the above quoted observations. During 1934, Lahore High Court declared Jats as Sudra. On the other hand Britishers have declared Jats as a Martial Race. Swami Daya Nand not only said that Jats are a martial community but took a step further callig them as God. There are many conflicting views in different Hindu Granths such as Padam Puran, Bhavisha Puran and Chachnama etc. So under these conflicting views it is incumbent upon powers to determine where really the Jats belong.
7. Discriminations and injustice against Jats: From the above submissions, it is clear that partiality and discrimination has been practised against Jats both in Hindu literature and the media. The Govt. of India, right since 1947 has also been following the above line and no efforts were ever made to meet the aspirations of this community. This has all resulted into the rise of the feeling among Jat community that the Hindu Marriage Act 1955 does not belong to them as it fails to cover and incorporate their legitimate customary laws. It is an irony that the Act, instead of preserving the customary laws, leaves them outside its ambit only to be disregarded and ultimately broken by those bent upon pervailing social crimes. Customary laws are handed over from generation to generation in an oral manner much in the same way as the English Constitution which is still unwritten, and therefore, like the English Constitution they should also be made to hold ground and put in practice in India.
UN Declaration of 18th December 1992-Quote: In order to strengthen the cause of the minorities, the United Nations promulgated the “Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities” on 18th Decembe 1922 proclaiming that: “States shall protect the existence of the National or Ethnic, Culture, Religious and Linguistic identity of minorities within their respective territories and encourage conditions for the promotion of that identity.”
Minority Commission has recognised Muslims, Christians, Sikhs, Buddhists, Jains and Prasees ............. than why not the Jats?
8. The Role of Jats: It is a well-known fact that Jats have been making much more contributions than any other community in every field of life, be it sports, agriculture or during war. Moreover, they have played a great role in the preservation of India’s democratic system, Panchayati Raj System and Cultural heritage. The Jat community has always opposed
to any kind of dogmatism and conservatism. Hence, it is requested that this patriotic community may not be pushed to the margin and left to nurse a grouse which may take an ugly turn. Jats inhabit very large tracts of the country, spanning from Barmer to Bijnaur, from Kathuwa to Gwalior. Moreover, this is the only tract which is free from any kind of disturbances witnessed elsewhere in India. So, justice needs to be done to this community whose sole responsibility lies with the Govt. of India. 21st Century and progressive country does not mean that we should forget our culture or change our relations like calling brothers and sisters as loving couples. To keep this country united, it is necessary to give due respect to every regional culture. For example in South India ‘DHOTI’ is being put without an under knot (Langger) whereas in the Jat culture, those wearing Dhoti without an under knot (Langger) are called uncivilised or Lafangas.
9. Prayer: It is humbly prayed to do the needful for the community. It may be submitted that in no case would the Jat community tolerate marriages within the same Gotra. It is, therefore, prayed that necessary amendment in the Hindu Marriage Act 1955 may be brought about to preserve the Gotra/Khap system among Jats, as under:-
The following paras may be included into section 3 after sub-clause-IV in the said Act.
V) Jat Community has right to avoid at least two gotras (Self & Mother) for marrige alliances and it would be mandatory.
VI) Jat Community has right to uphold tradiations of Khap wherever prevailing this system in Jat Living region.
Thanking you in anticipation.
Yours faithfully,
Dated: 25-10-2009 Hawa Singh Sangwan (Ex. Comdt. C.R.P.F)Mob.- 09416056145
Encl: An Affidavit President - Akhil Bharitia Jat Aarakshan
Copy To:-
National Women Commision
Dated:-28-03-2010
