Madras High Court Shocked Over SC Community Members Made To Wait Till Other Community Members Fetch Water From Common Tap

The Madras High Court recently expressed shock over members of the Scheduled Caste community being made to wait for their turn till members from other community fetch water from the common tap. Justice RN Manjula said that it was “surprising and pathetic” to note that even in this scientific age, some communities had to stand second in order to get their share of common resources. The court added that even though specific legislations had been brought in for protecting the vulnerable sections of the society, the situation still remained same at the grass root level. “Natural resources like water is common to all. It is surprising and pathetic to note in this scientific age, that some communities needs to compete with the other communities and stand second in order to get their share from the resources dedicated to the public good. Is not the human race one Community? Though various legislations have been brought to protect the vulnerable sections from the oppressive lot who think they are superior and privileged, things at certain grass root level still remains the same,” the court said. The court added that while it may not be easy to remove the caste and class mentality from the minds of the people, the people in power could not remain mute spectators. The court emphasized that what was needed what not some make-believe stunt but some practical solution and noiseless action. Thus, being aware of the realities and doing things that can be best done with the power vested was the need of the hour, the court added. “But people in authority cannot be mute spectators and be indifferent to these tales. Being so, would amount to contributing or subscribing to these meanness of minds. Nor are they expected to do some stunts for a make belief that they are the best Samaritans and that they do something heroic. What is needed is some practical solution and noiseless action,” the court said. The court also lamented that water was an elixir of life and no person should be toiling their whole life just to get hassle free piles of water. The court was hearing a petition filed by one Thirumalaisamy seeking to suspend the sentence of imprisonment imposed on him by the Principal District Judge, Thenkasi and to enlarge him on bail. Thirumalaisamy was found guilty under Section 3(1)(r) of the SC/ST Act and convicted, sentenced to undergo Rigorous Imprisonment for a period of one year, and to pay a fine of Rs. 1,000/-; in default, to undergo simple imprisonment for a period of one month. The prosecution's case was that on December 03, 2016, Thirumalaisamy had come to the land of two persons, who were doing agricultural work, and abused them in filthy language by making caste remarks and threatened them that he would kill them. The petitioner argued that even as per the prosecution case, the incident had not taken place in public view and thus would not attract the offences as alleged. When the petition was taken up, the de facto complainant submitted that if released on bail, the petitioner would be inimical towards her. She also submitted that it would be difficult for her to go fetch water through the streets where the petitioner's house was situated. To this, the petitioner assured that he would not cause any threat either by signs, words, or action and would not go in the sight of the defacto complainant. Considering the undertaking and noting that there is no possibility that the appeal would be taken up immediately, the court was inclined to allow the petition and suspended the sentence. The court asked the petitioner to execute a bond and appear before the court once a month. The court also took note of the struggle faced by the de facto complainant, a 65-year-old woman, who was not able to get drinking water without hassles. Noting that the grievances had to be remedied, the court directed the District Collector, Tenkasi to ensure that such discrimination shall not continue at the village. The court also directed the authorities to provide sufficient number of water tap connections with sufficient water supply in all the streets, making it clear that it was for everyone's use, irrespective of community. The court also asked the authorities to make sure that no one is allowed to take unduly plenty of water, to the detriment of others. Counsel for the Petitioner: Mr. V. Kathirvelu Senior Counsel for Mr. K. Prabhu Counsel for the Respondent: Mr. K. Gnanasekaran Government Advocate(crl.side) Case Title: Thirumalaisamy v. The State of Tamil Nadu and Another Citation: 2025 LiveLaw (Mad) 241 Case No: CRL MP(MD) No. 8288 of 2025 in CRL A(MD) No. 712 of 2025Click Here To Read/Download The Judgment

Madras High Court Shocked Over SC Community Members Made To Wait Till Other Community Members Fetch Water From Common Tap

Upasana Sajeev

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