“48. In face of these divisions and visible
barricades put up by the sensitive tribal
people valuing their own customs,
traditions and usages, judicially enforcing
on them the principles of personal laws
applicable to others, on an elitist
approach or on equality principle, by
judicial activism, is a difficult and mind-
boggling effort. Brother K. Ramaswamy, J.
seems to have taken the view that Indian
legislatures (and governments too) would
not prompt themselves to activate in this
direction because of political reasons and
in this situation, an activist Court,
apolitical as it avowedly is, could get
into action and legislate broadly on the
lines as suggested by the petitioners in
theirwrittensubmissions.However,
laudable, desirable and attractive the
result may seem, it has happily been viewed
by our learned brother that an activist
court is not fully equipped to cope with
the details and intricacies of the
legislative subject and can at best advise
and focus attention on the State polity on
the problem and shake it from its slumber,
goading it to awaken, march and reach the
goal. for in whatever measure be the
concern of the court, it compulsively needs
to apply, somewhere and at sometime, brakes
to its self-motion, described in judicial
