Madras High Court
Ayyaa vs The Union Of India on 8 March, 2023
Author: T.Raja
Bench: T.Raja
W.P.(MD) No.3873 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition (MD) No.3873 of 2023
Ayyaa .. Petitioner
Vs.
1. The Union of India
Rep. by the Cabinet Secretary
Rashtrapati Bhawan
New Delhi.
2. The Union of India
Rep. by the Secretary to Government
Department of Education
New Delhi.
3. The Union of India
Rep. by the Secretary to Government
Department of Social Justice and Empowerment
New Delhi.
4. The Union of India
Rep. by the Secretary to Government
Ministry of Information and Broadcasting
New Delhi. .. Respondents
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.3873 of 2023
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for a writ of Mandamus directing the respondents to make
necessary changes for the meaning of the caste of 'Pariah' or to
remove the same in the dictionaries and publications and other digital
platforms in India based on the petitioner's representation dated
25.05.2022 within the time frame as fixed by this Hon'ble Court.
For the Petitioner : Mr.Selvan.T
ORDER
(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a direction to the respondents to make necessary changes for the meaning of the caste of 'Pariah' or to remove the same in the dictionaries and publications and other digital platforms in India based on the petitioner's representation dated 25.05.2022
2. Learned counsel for the petitioner would submit that though untouchability is an offence punishable in accordance with law as per Article 17 of the Constitution of India and that the Protection of Civil Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3873 of 2023 Rights Act, 1955 endorses imprisonment of any one perpetuating untouchability, still the word 'paraiah' is used against the people in some places, because the meaning of the word 'paraiah' is stated as
(i) a person who is not accepted by a social group, (ii) a person who is not acceptable to society and is avoided by everyone, (iii) a person who is driven out of one's society etc. in dictionaries. Therefore, as long as the word 'paraiah' is included in the dictionary, people will continue to use that word, which would be construed as the violation of human rights. Therefore, he seeks a direction to the respondents to remove the word 'paraiah' from dictionaries.
3. We do not find any merit in the argument advanced by learned counsel for the petitioner. A dictionary is a reference book containing the words of the language, usually alphabetically arranged, with information on their forms, pronunciation, functions and meanings. Most of these informations cannot be found in any other reference book. When a dictionary is published giving definition and meaning to the words mentioned therein, we are unable to find any justification or merit in the arguments advanced by the petitioner for Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3873 of 2023 removal of the word 'paraiah' from dictionaries, particularly when Article 17 of the Constitution of India has abolished the practice of untouchability in any form within the territory of India from the date of the Constitution came into force, namely from 26.11.1949 and its practice in any form is forbidden.
4. When the enforcement of any disability arising out of untouchability is an offence, the argument advanced by learned counsel for the petitioner that so long as the word 'paraiah' appears in Dictionary, the people will use the word, is totally unsustainable. If we accede to the prayer of the petitioner and direct the Oxford University Press to remove the word, people, readers and the Courts will not be able to know what is the meaning and definition of the word 'paraiah'. Obviously, the use of the said word is offensive. But, the dictionary will contain such offensive and inappropriate words also as their purpose is to convey the meaning of those words. The argument of learned counsel for removal of the word 'paraiah' from dictionary is as bad as praying for abolition of the dictionary.
Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3873 of 2023
4. In view of the above, the writ petition fails and accordingly, the same is dismissed.
(T.R., ACJ.) (D.B.C., J.)
08.03.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Cabinet Secretary
Rashtrapati Bhawan, New Delhi.
2. The Secretary to Government
Department of Education, New Delhi.
3. The Secretary to Government
Department of Social Justice and Empowerment New Delhi.
4. The Secretary to Government Ministry of Information and Broadcasting, New Delhi. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3873 of 2023 T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) W.P.(MD) No.3873 of 2023 08.03.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis