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