logo
Untouchability is being practised in the country in myriad ways, says Madras High Court

Untouchability is being practised in the country in myriad ways, says Madras High Court

The Hindu12-05-2025
Observing that untouchability is being practised in the country in myriad ways, the Madras High Court has said that refusing to accept donations for a temple festival from all willing human beings is also a form of untouchability.
Justice D. Bharatha Chakravarthy denounced caste system and wrote: 'In this country, untouchability is practised in various ways. Not accepting the donation from a person perceived to be an inferior human being is another form.' The judge made the observations while disposing of a writ petition filed by Ela Pandiyarajan of Ambedkar Makkal Neethi Iyakkam against the management of Kamatchi Amman Udanurai Tirunageswarar Temple at Kunrathur in Chennai.
The petitioner had complained of the temple administration permitting only those belonging to Senguntha Mudaliyar caste to be the Ubayadarar (donors) for the Brahmotsavam (annual festival) and not accepting donations from others. He questioned the propriety behind such a discrimination despite the temple falling under the control of the Hindu Religious and Charitable Endowments (HR&CE) Department and contended that it was against the fundamental right to equality.
After recording his submissions, Justice Chakravarthy recalled one of his recent judgements wherein he had observed that caste was a social evil, and a casteless society, the goal envisaged by the framers of the Constitution. 'In view thereof, if a person belonging to a Scheduled Caste community is not permitted to be the Ubayadarar in a temple, then, that would also be a violation of Article 17 (abolishment of untouchability) of the Constitution,' the judge observed.
He directed the HR&CE department to dispose of a representation made by the writ petitioner for accepting donations from all willing donors, and said that the department's decision would apply to all festivals in the future and not just to this year's festival.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Allahabad HC dismisses pleas challenging govt order on merger of primary schools
Allahabad HC dismisses pleas challenging govt order on merger of primary schools

Indian Express

time42 minutes ago

  • Indian Express

Allahabad HC dismisses pleas challenging govt order on merger of primary schools

The Lucknow bench of the Allahabad High Court on Monday dismissed petitions challenging a state government order that directed steps to be taken for the merger of government primary schools. The court had clubbed two petitions filed over the issue and reserved its order on Friday after completion of arguments. The petitions were filed against the government's June 16 order, issued by the Additional Chief Secretary, Basic Shiksha Department, directing merger of government schools under the supervision and control of the basic shiksha adhikaris (BSAs). The petitioners had also challenged a June 24 follow-up order, issuing a list of 105 schools for the purpose of merger. 'It is essential to add a word with regard to the National Education Policy, 2020, which includes various issues including the pairing of the schools. The policy in itself is laudible and prescriptions have been given with regard to the steps to be taken to ensure that education is imparted at the initial level to all the citizens and the children of the country. There being no material to the contrary in respect of guidelines of pairing in the policy of 2020, which can be said to be arbitrary or in violation of Article 21A of the Constitution and finding the impugned Government Orders to be in furtherance of the said objective, no interference is called for. Present petitions lack merit and are accordingly dismissed,' read the judgment passed by Justice Pankaj Bhatia. The bench added, 'The obligation cast upon the State shall be scrupulously followed and the State is bound to ensure that no child is left out because of any action taken by the State. It will be the duty of the Basic Shiksha Adhikari to ensure that no child is left out for being educated and all steps as are necessary shall be taken as and when required in accordance with law.' In the order, the court observed that it was important to notice that the Central government had issued the National Education Policy (NEP) 2020, prescribing various measures in the interest of students and for improving the infrastructure of primary schools. Various government orders have been issued, forming committees for implementation of the guidelines issued in the NEP 2020, the bench said. The court noted, 'Although not cited or argued by either of the parties, Rule 4(3) has some seminal importance as the local authority has been saddled with a responsibility of identifying a neighbourhood school where the children can be admitted and such information is to be made public; the school as referred would be a school as defined under Section 2(n) of the RTE Act, thus, on a conjoint reading of Rule 4(1), Rule 4(2) and Rule 4(3), what transpires is that it is the duty of the State Government to establish schools as far as practical at a distance which is closest to the habitation, and if the same is not possible, to ensure that the children are provided facilities such as transportation etc., and for identification of a school which may be available in the neighbourhood in case the State Government cannot establish school, which would also include school other than the school established by the Government as is the mandate of Section 2(n) read with Section 12 of the RTE Act. Any other interpretation of Rule 4(1) would do violation to the statutory rule keeping in view the considerations of a large State such as the State of Uttar Pradesh with regard to availability of land and other resources and keeping in view the fiscal health of the State concerned.' It added, 'Thus, on a complete analysis of Rule 4(1), Rule 4(2) & Rule 4(3) read conjointly, it is clear that the State Government is bound to establish school on the nearest possible place from a habitation and in the absence thereof, it is obliged to ensure transportation facilities etc., and in conjunction thereof identifying the neighbourhood schools, whether they are government schools or otherwise.'

Kunal Kamra to be issued show cause notice for remarks against Eknath Shinde
Kunal Kamra to be issued show cause notice for remarks against Eknath Shinde

India Today

timean hour ago

  • India Today

Kunal Kamra to be issued show cause notice for remarks against Eknath Shinde

The privileges committee of the Maharashtra legislature will issue a show-cause notice to stand-up comic Kunal Kamra within the next two days for his remarks against Deputy Chief Minister and Shiv Sena leader Eknath Shinde, MLC Prasad Lad said on Kamra, the notice will also be sent to Shiv Sena (UBT) leader Sushma decision to issue the show-cause notices was finalised during a meeting of the panel held last BJP MLC Lad, who heads the committee, told PTI that the notice will be issued in two days."The draft (of the notice) has been sent to the law and judiciary department for legal opinion. Once finalised, it will be dispatched to both Kamra and Shiv Sena (UBT) leader Sushma Andhare through the police commissioner," he MLC Pravin Darekar had moved a breach of privilege notice against Kamra and Andhare during the state legislature's Budget notice stated that Kamra's parody song had insulting references aimed at had supported Kamra and used objectionable language which was contempt of the legislature, it Council Chairman Ram Shinde had forwarded the breach of privilege notice to the committee in his performance at the Habitat Comedy Club at the Unicontinental hotel in Khar area of Mumbai, Kamra had referred to Shinde as a "traitor" for splitting the Shiv Sena headed by Uddhav Thackeray in parody was a modified version of a Hindi song from the movie 'Dil Toh Pagal Hai' to describe his 2022 rebellion against by the satire, Shiv Sena functionary Rahul Kanal and 11 others ransacked the venue at a Mumbai hotel where Kamra had performed in March this by the violence, Kamra refused to apologise and criticised the vandalism of the venue where the comedy show was was booked by the Khar police on a complaint by Shiv Sena MLA Murji Patel for allegedly making defamatory remarks against the deputy chief had submitted in the Madras High Court that he moved to Tamil Nadu from Mumbai in 2021 and has been "ordinarily a resident of this State since then" and that he feared arrest by Mumbai Madras High Court had extended the interim anticipatory bail granted to Kamra till April never appeared before the Mumbai Police which had summoned him two times.- EndsMust Watch IN THIS STORY#Mumbai

Modi-Shah puppeteering CG to exploit resources: Kharge
Modi-Shah puppeteering CG to exploit resources: Kharge

Time of India

timean hour ago

  • Time of India

Modi-Shah puppeteering CG to exploit resources: Kharge

1 2 3 Raipur: Launching a sharp attack on Union home minister Amit Shah and the BJP govt at centre and state, the All India Congress Committee president Mallikarjun Kharge said that Shah's repeated visits to the state are aimed at exploiting coal, forests and other resources. Kharge further accused the state's BJP govt of acting as a puppet of Prime Minister Narendra Modi and Shah. He was addressing the 'Kisan, Jawan, Samvidhan' public rally at Raipur on Monday despite heavy rain. Criticising the centre's resource policy, Kharge said, "Why is Amit Shah visiting Chhattisgarh so often — is it his home? The CM here dances to their tunes. This is an insult to Chhattisgarh's self-respect. Shah is here not to meet people but to exploit our resources — coal, iron ore, forests." Kharge further accused the Modi-Shah of misusing central agencies like ED and the income tax department, "Our leaders, workers, even the CM were harassed. But the people of Chhattisgarh know the truth. No matter how many times Modi, Shah or their disciples come, Chhattisgarh will not bow before them," he thundered. Reminiscing about the Feb 2023 Maha Adhiveshan held in Raipur under his presidency, Kharge said, "You re-elected me as Congress President here, and from Raipur, our slogan of social justice echoed across the nation and shattered the arrogance of the Modi govt in 2024." He mocked BJP's '400 paar' claim, asking, "Where did it vanish?" and pointed out that the Modi govt is surviving only with the support of allies. "Modi is not running a majority govt; he is walking on two borrowed legs," he quipped. "Now they want to remove 'secularism' and 'socialism' from the Constitution... I dare them to delete it — the entire nation will rise in protest." Kharge emphasised. He added that the Congress govt protected people's and tribal rights but their schemes were shut by the BJP. He also accused the BJP govt of cheating youth and farmers. "Where are Modi's promises now? Rs 15 lakh in accounts, doubling MSP? Modi is the 'Jhutho ka Sardar' (King of Lies). He questioned the rising debt under BJP rule. "In 2024-25 alone, they borrowed thousands of crores. Is this for development or to advertise Modi and Shah?" Kharge criticised the expansion of liquor outlets in the state, and the unavailability of essential fertilisers like DAP and urea. Taking on Modi's silence on global and national issues, Kharge said, "He didn't attend all-party meetings, and hasn't visited Manipur even once while people are dying. Yet, he tours foreign nations." Referencing Trump's repeated claims about mediating India-Pakistan ceasefire issues, Kharge added, "PM Modi stayed silent even after Trump made those claims 16 times. That's shameful." He vowed to raise these issues in Parliament's monsoon session beginning July 21. Kharge also warned, "Modi sarkar (govt) is reducing voters in Bihar by 2 crore ahead of assembly elections. But their time is coming. If the country and Constitution are safe, only then are we safe."

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store