Madras High Court
"Learned Counsel For The Petitioner In ... vs Union Of India & Others) on 17 June, 2005
Bench: Markandey Katju, F.M. Ibrahim Kalifulla
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 17/06/2005 C O R A M The Hon'ble Mr. MARKANDEY KATJU, Chief Justice and The Hon'ble Mr. Justice F.M. IBRAHIM KALIFULLA W.P.M.P. No.21036 of 2005 and W.P.M.P.No. 21388 of 2005 in W.P. No.9235 of 1998 :ORDER
(Order of the Court was made by The Hon'ble The Chief Justice) W.P.M.P. No.21036 of 2005 is a miscellaneous petition filed in W.P. No.9235 of 2005. We also have before us impleading petitions, viz. W.P.M.P. Nos.21313 and 21583 of 2005 and a direction petition, viz. W.P.M.P. No.21388 of 2005.
2. We have heard the learned counsels for the writ petitioners and for the newly impleaded parties, including the Panchayat President as well as the learned Advocate General.
3. The grievance of the petitioners who belong to the Scheduled Caste is that they are not allowed to pull the Temple Car in the Car Festival held in the Swarnamoortheswarar Temple, Kandadevi Village, Devakottai Taluk, Sivagangai District.
4. Various allegations have been made in the writ petition and in the affidavits filed in support of these miscellaneous petitions, but it is not necessary to deal with all of them in great detail at this stage since we are not deciding the writ petition finally today. We are only dealing with the request of the learned counsels for the petitioners that since the Car Festival is going on, the Dalit Community should also be permitted to pull the Temple Car in the said Festival.
5. Learned Advocate General has invited our attention to the order of a Division Bench of this Court dated 6.7.1998 passed in W.M.P. No.1 4132 of 1998 in W.P. No.9235 of 1998, which reads as follows :-
"Learned counsel for the petitioner in this public interest litigation states that he has got no objection for the initial rituals and pujas, etc. being performed traditionally as decided by the management and by the impleaded respondents, i.e. Nattars. Learned counsel for the petitioner states that if the petitioner or the public, irrespective of the caste and creed is permitted to pull the car after the rituals have been performed according to their traditions, say, within an hour of performing the rituals and the car being pulled by Nattars as decided by the management, they have got no objection. Irrespective of the caste means it also includes religion and creed. Learned counsel for the respondents also have no objection to this.
2. In view of the respective stand taken by both the parties, no interim is called for. The State administration is directed to ensure and take appropriate steps, which are according to the situation, and in the interest of the administration to avoid explosive situation on the spot and at the same time ensure that peace loving citizens are able to participate in the rituals in a peaceful manner."
6. Thereafter, it appears that an order was passed by the Commissioner, Hindu Religious and Charitable Endowments Administration Department, Chennai-34 on 26.6.1999, which reads as follows :-
"The appeal petition filed under Section 69(1) of the Act, is partly allowed to the following extent :
(1) Before the main festival of car procession starts, during the preliminary rituals, conferment of honours like Pattu, Parivattam, Malai (garlanding) etc., shall be done to respondents 1 to 4.
(2) After the preliminary rituals are over and when the car procession per se starts, all Hindus, irrespective of caste, community or creed, shall be entitled to partake in pulling the car."
7. Thus, it appears that the orders which have been passed by this Court as well as the learned Commissioner are to the effect that the preliminary rituals and poojas can be done by the Nattars, but when the preliminary rituals are over and when the Car Procession starts, all Hindus, irrespective of caste, creed or community, shall be entitled to partake in pulling the Car.
8. Thus, there are clear orders that after the preliminary rituals, people of all castes and communities have the right to pull the Temple Car.
9. The grievance, however, as expressed by Mr. K. Chandru, learned senior counsel and Ms. R. Vaigai, learned counsel for the petitioners is that despite the aforesaid orders, members of the S.C./S.T. Communities were not permitted to participate in the pulling of the Temple Car. This allegation is not admitted by the learned Advocate General. However if this allegation is true, then it is highly objectionable and deeply regrettable.
10. Today we have delivered a judgment in Writ Petition No.12240 of 1994 (G. Krishnan & Others vs. Union of India & Others), in which we have said that in the modern age, no one should be insulted, humiliated or looked down upon, as this is the age of equality. Our Constitution also envisages equality, which includes special help and care for the weaker and oppressed sections of the society, who have been downtrodden for thousands of years. This Court will no longer tolerate such kinds of treatment of the S.C./S.T. Communities as they also are equal citizens of our country and are hence entitled to a life of dignity in view of Article 21 of the Constitution of India, as interpreted by the Supreme Court of India. In our opinion, to deny them the right to participate in the pulling of the Temple Car is violation of Article 21 of the Constitution, apart from being violative of the orders of the Court dated 6.7.1998 and of the Commissioner dated 26.6.1 999, and it will simply not be tolerated by this Court.
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11. In the aforesaid decision in G.Krishnan's case (supra), we have observed in paragraph 9 : -
".........Oppression, atrocities, and humiliation of the Scheduled Castes and Scheduled Tribes is a shameful chapter in our country's history. For thousands of years the Scheduled Castes and Scheduled Tribes in our country have been humiliated, insulted and looked down upon. In fact, even today the so-called upper castes and even O.B.Cs. often look down and insult the members of the Scheduled Castes and Scheduled Tribes. This can no longer be tolerated in this modern age of democracy. In the modern age, equality is one of the basic features which characterises this era. Today no people and no community will tolerate being treated as inferior and will oppose such ill-treatment, and will be justified in doing so. The truth is that even today, in many parts of our country Scheduled Castes and Scheduled Tribes are oppressed and humiliated and violence is committed on them"
12. We have further observed in paragraphs 10 & 11: -
" 10. We have already mentioned that this is the modern age of equality, which is also provided for in our Constitution, vide Articles 14 to 18, 38(2) and 46. Inequality can be created/perpetuated not only by treating equals as unequals, but also by treating unequals as equals. The Scheduled Castes and Tribes are certainly not treated as equals by the so-called upper castes or even backward castes in our country, but are even today looked down upon and insulted and humiliated. For instance, in the 'Hindu' newspaper of 17.06.2005 it has been reported in the front page that in Salem District there is prevalent a ' double tumbler' system of serving tea at tea stalls, dalits and nondalits being served in separate tumblers. This is shocking, and is not acceptable in the modern era, and unless this attitude changes our country will remain divided and its progress obstructed. The authorities must therefore come down with a heavy hand on these detestable feudal practices which have disgraced our nation.
11. Since, Scheduled Castes and Schedules Tribes have been historically oppressed and downtrodden, our founding fathers who drafted the Constitution realised in their wisdom that compensatory State action is required to enable these oppressed and weaker sections to come up to the level of others, so that there may be real equality. It is with this object that special provisions have been made for Scheduled Castes and Scheduled Tribes in Articles 15(4), 16(4),16(4-A) and 46, for women and children under Article 15(3) of the Indian Constitution, etc".
13. It is alleged that some representatives of the Nattar community claim that there is a custom that members belonging to the Scheduled Caste and Scheduled Tribe communities have no right to pull the temple car. Although this contention is denied, yet even assuming that there is such a custom, it will be wholly illegal and unconstitutional, as it is against the right to a life of dignity envisaged in Article 21 of the Constitution. After the promulgation of the Constitution, all customs which are in violation of Articles 14, 21 and other constitutional provisions are null and void, and have to be disregarded, since the Constitution is the fundamental law of the land.
14. We, therefore, direct the District Collector cum District Magistrate, Sivaganga District, to ensure strict compliance of the order of this Court dated 6.7.1998 in W.M.P. No.14132 of 1998 in W.P. No.9235 of 1998 as well as the order of the Commissioner of the H.R. & C.E. Department dated 26.6.1999, both in letter and spirit. We make it clear that the District Collector cum District Magistrate will be personally held responsible if the order we are passing today is not complied with. The District Collector cum District Magistrate must act fairly to all castes and communities and ensure that everyone is given equal respect in this Car Festival and even otherwise. The District Collector cum District Magistrate will submit a report to this Court about the conducting of the Car Festival and as to whether our orders have been complied with in letter and spirit. This Court will continue monitoring the matter even in future.
15. We were informed by Ms. Vaigai that in the past only about ten selected Scheduled Caste members were permitted, as a token measure, to participate in the Car pulling. This fact is denied by the learned Advocate General. However, we clarify that the participation of S. C./S.T. Members in the Temple Car Festival will not merely be token.
16. We, however, make it clear that the District Administration will have the right to regulate the traffic on the roads/streets, and take other regulatory measures, so that there is no stampede and the Festival is held peacefully, but such regulations must not be done on a caste basis.
17. Learned Advocate General raised an apprehension that there could be a law and order problem. In our opinion, over 99% people of all castes, communities, ethnic groups, etc. are good and peace loving people and it is only 1% or even less who are mischievous. Hence, we see no reason as to why there should be any law and order problem. However, if there are any mischievous persons who try to create communal or caste and law and order problem, then the Administration should certainly deal with them with a heavy hand, irrespective of caste, creed or colour. This order will hold good not only for the festival celebrated this year, but also for the future years to come.
18. The W.P.M.Ps. are ordered accordingly.
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