Madras High Court Digest 2023: Human Rights

Case Title: People's Watch v. The Home Secretary, Home Department (Prison) and another

Citation: 2023 LiveLaw (Mad) 7

Noticing shortcomings in the manner in which prison administration is carried out at present, the Madras High Court has issued a slew of directions to the State and the Prison Department for creating a better prison environment and prison culture.

The Madurai bench of Justice R Mahadevan and Justice Sathya Narayana Prasad directed the respondent authorities to also prepare a “Prisoners' Rights Handbook” highlighting the rights of the prisoners and their grievance mechanisms. A copy of this Handbook is to be given to each prisoner upon their admission.

No Dance Form Should Be Identified Using A Caste/Tribal Community's Name To Insult Such Community Members: Madras High Court

Case Title: Po.Mu.Iraniyan @ Muthu Murugan v. The Union of India and others

Citation: 2023 LiveLaw (Mad) 12

While disposing of a petition seeking to take action against cultural programmes denigrating the Kuravar community, the Madras High Court directed the state to ensure that no dance performances are identified with a community, so as to denigrate the members of the community.

..ensure that no dance performance is identified using a caste/ tribal community's name so as to insult or degrade the persons belonging to such community.

The bench of Justice R Mahadevan and Justice Sathya Narayana Prasad of the Madurai bench also directed the State and police authorities not to grant permissions to such cultural programmes depicting the Kuravar community in an obscene manner.

The court also directed the authorities to open a separate portal for the general public where any grievance with respect to obscene representation of the community could be raised and the related videos could be uploaded. The Cyber crime department could then look into the grievance and take appropriate action whenever necessary.

Madras High Court Directs State To Compensate Man Detained For 8 Months Despite Acquittal

Case Title: Rathinam v State

Citation: 2023 LiveLaw (Mad) 16

The Madras High Court recently directed the State to award interim compensation to a man who was illegally detained in prison for more than 8 months even after the court had acquitted him of his murder charges.

Justice Sunder Mohan noted that since the man was not aware of his rights, he had not preferred an appeal and as such was not aware of his acquittal. Thus, it was necessary for the court to come to the aid of such persons.

'State's Duty To Ensure Proper Disposal of Hazardous Waste': Madras High Court Directs Govt To Pay ₹10 Lakh Each To Children Injured In Explosion

Case Title: Sankareswari and another v. The District Collector and others

Citation: 2023 LiveLaw (Mad) 22

The Madras High Court recently came to the rescue of two children who had suffered severe burn injuries in 2018 on account of an explosion near a water body in Sivakasi.

The explosion was a result of improper dumping of wastes from the firecracker industries nearby. The children, students of class X, were playing near the waterbody at the time of explosion.

Holding the State liable, Justice GR Swaminathan of the Madurai bench directed it to pay a sum of Rs.10 lakh each to the victims.

Madras High Court Allows Brother To Be Appointed As Legal Guardian Of Woman With Mental Disability

Case Title: G. Babu v. The District Collector and Ors.

Citation: 2023 LiveLaw (Mad) 30

The Madurai Bench of Madras High Court on Tuesday while permitting the brother of a schizophrenic patient to be appointed as her legal guardian, observed that “person suffering from multiple disability” in Section 2 (j) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 must be understood to mean “a person with benchmark disability” as defined in Section 2(r) of the 2016 Act.

The Court observed that this would enable the Local Level Committee constituted under Central 44 of 1999 to deal with cases of appointment of guardian for persons suffering from any kind of disability.

Justice G. R. Swaminathan observed that the Local Level Committee constituted under Central 44 of 1999 should not confine themselves to cases of congenital conditions such as autism, cerebral palsy and mental retardation alone and that they should also deal with other disabilities as it would enable easier and quicker access to justice.

"Total Ban For Conduct Of Religious Meetings Not Possible": Madras High Court Allows Hindu Outfit's Conference

Case Title: RS Deva alias Kamadevan v. The Home Secretary and others

Citation: 2023 LiveLaw (Mad) 32

The Madras High Court has recently allowed the Indu Makkal Katchi-Tamizhagam to conduct their State conference on 29th January 2023. Indu Makkal Katchi is a right-wing, Hindu nationalist party in Tamil Nadu. It was set up by the RSS as a front for its political activities in Tamil Nadu

Justice G Chandrasekharan allowed the plea filed by the party challenging the order of the Inspector of Police, Pudhu Nagar Police Station, Cuddalore rejecting permission to conduct the State conference and public procession.

While allowing permission for conducting a conference, the court however directed that the participants should neither sing songs or speak ill on any individual, caste or religion. Further, they should not talk or express anything in favour of organisations banned by the Government of India or disturb the sovereignty and integrity of the country.

State Must Uphold Citizen's Freedom Of Speech: Madras High Court Sets Aside Single Judge Order Imposing Conditions On RSS' Route March

Case Title: G Subramanian v. K Phanindra Reddy IAS (batch cases)

Citation: 2023 LiveLaw (Mad) 48

The Madras High Court has allowed a batch of pleas challenging a single judge order imposing certain conditions on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh (RSS).

The bench of Justice R Mahadevan and Justice Mohammed Shaffiq noted that the State must uphold the citizens' right to freedom of speech and expression. The court thus directed the RSS to file fresh applications for carrying out the route march on three different dates and directed the Tamil Nadu police to permit the RSS to take out route marches on any of such dates in various districts across the State on public roads.

Botched Up Surgery: Madras High Court Directs Infertility Treatment Hospital To Pay ₹40 Lakh Compensation To Srilankan Woman

Case Title: Flora Madiazagane v GG Hospital and others

Citation: 2023 LiveLaw (Mad) 50

The Madras High Court recently directed a private infertility treatment hospital to compensate a Srilankan woman after a botched up surgery left her permanently disabled.

Justice G Chandrasekharan noted that the doctors and the hospital knew about the medical history of the woman and yet continued with the surgery with no proper precaution to avoid damage. The woman was left with a perforated colon and permanent disabilities following her surgery.

'Adjourned More Than 50 Times, Witnesses Are Senior Citizens': Madras High Court Expedites Trial In 2013 Murder Of BJP Leader Ramesh

Case Title: V Kamala v. The State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 54

The Madras High Court has directed the Sessions Court for the exclusive trial of bomb blast/NIA cases, Poonamalle to complete the trial in the 2013 auditor Ramesh murder case within two months.

Justice RN Manjula noted that even though charges were framed in 2014, the case was pending for all these years. The court also expressed anguish over the fact that the case had been adjourned more than fifty times for counseling. The court added that even if the counseling was to be given to the victims, the same should not have affected the trial.

Every Instance Of Casual Police Enquiry Cannot Be Termed As Human Rights Violation: Madras High Court

Case Title: Lakshmanan v. The Secretary SHRC

Citation: 2023 LiveLaw (Mad) 59

The Madras High Court has recently observed that though there are instances of human rights violation in police stations, every instance of casual police enquiry cannot be termed as a Human Rights Violation.

The bench of Justice VM Velumani and Justice R Hemalatha noted that accusing police officers of human rights violation at the drop of a hat may be demoralising for the entire police force.

Madras High Court Criticises School For Denying Admission To Child With Special Needs

Case Title: The Child rep. by her mother v. State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 65

Coming down heavily on an educational institution for denying admission to a child with special needs, the Madras High Court observed that the institution had not only failed in performing its duty but had also brought bad repute to the Christian Missionary in whose name the institution was running.

Justice CV Karthikeyan noted that even though towards the end of the proceedings, the respondent school had remonstrated that it would appoint special educators and would also admit the child into their school, the same appeared to be a hollow submission.

[Udumalai Sankar Honour Killing] Madras High Court Permits Wife To Conduct Honorary Meeting To Raise Awareness About Inter-Caste Marriages

Case Title: Kowsalya v. State

Citation: 2023 LiveLaw (Mad) 85

The Madras High Court has permitted Kowsalya, wife of Sankar who was hacked to death for marrying from a different caste, to conduct a meeting in memory of Sankar. Kowsalya had approached the court after State denied permission for the meeting citing law and order problems.

Justice G Chandrasekharan noted that the offense of Honour killing was increasing every day and that honour killing was not eradicated in Tamil Nadu.

In such a situation, the court noted that the scope of starting the Sankar Social Justice Trust and organising a meeting to disseminate information against honour killing and promoting inter caste marriage was laudable. The court added that such object should not be prevented and prohibited by the court.

No Forest Rights Merely Because Ancestors Resided In Forest, Must Establish Sole Dependency On Forest For "Bonafide Livelihood Needs": Madras High Court

Case Title: AC Murugesan and others v. The District Collector and others

Citation: 2023 LiveLaw (Mad) 94

While refusing relief to a group of persons claiming benefit under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, the Madras High Court noted that rights under the Act cannot be claimed merely on the ground that the ancestors originally resided in the forests. For claiming rights under the Act, it was necessary to establish that the persons were solely dependent upon the forest for their bonafide livelihood.

Justice N Satish Kumar also agreed with an earlier view taken by the division bench where it was held that bonafide livelihood included ploughing, irrigation, and planting for the purpose of livelihood, but not for commercial exploitation of the land.

'Violation Of Privacy, Loss Of Reputation': Madras High Court Asks State To Compensate Woman Falsely Implicated In Case Under Immoral Traffic Act

Case Title: X v. State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 109

The Madras High Court has directed the State Government to pay a compensation of Rs 2 lakh to a woman who was falsely implicated in a case under the Immoral Traffic Prevention Act 1956.

Justice R Vijayakumar of the Madurai bench noted that the State could not shirk its liability by claiming that the officers involved were not performing their official duty. Further, the court rejected the State's defence that the charge sheet was quashed on the basis of a detailed enquiry conducted by it and thus it was not liable to pay compensation.

Lawyers' Right To Be Considered For Empanelment In Nationalised Banks Is Fundamental Right, Time To Review Existing Procedures: Madras High Court

Case Title: K Marimuthu v. The Secretary to Government and others

Citation: 2023 LiveLaw (Mad) 111

Observing that the right to be considered for "appointment/empanelment" in a bank is a fundamental right of citizens, the Madras High Court recently directed all the Nationalised and Public Sector Banks to review their existing procedures for empanelment of lawyers.

Justice SM Subramaniam said that the existing procedures are not in consonance with the established procedure and are against the constitutional mandate. The court added that the prevailing procedures enable the banks to empanel lawyers as per their whims and fancies, thus depriving opportunity for rightful candidates.

The court also added that absence of a definite procedure will lead to corruption, favouritism and nepotism. The court observed that while those lawyers, who had God Fathers could solicit the authorities and seek empanelment, the other lawyers, would lose out on opportunities thus affecting their fundamental rights.

"We Are Still Stuck In Patriarchal Notions": Madras High Court Directs Issue Of Passport To Man Whose Mother Was Indian And Father A Srilankan Refugee

Case Title: Neyatitus v. The Regional Passport Officer

Citation: 2023 LiveLaw (Mad) 113

The Madras High Court recently directed the Regional Passport authority to consider the representation of a man who had applied for an Indian Passport. Since his birth certificate showed him as a Srilankan refugee, he was called upon by the passport authorities to give an explanation.

Justice GR Swaminathan of the Madurai bench noted that though the petitioner's father was also a Srilankan refugee, the fact that his mother was an Indian citizen was not disputed. The court noted that we were still stuck in patriarchal notions as the authorities automatically assumed the petitioner will partake his father's nationality while his mother remained an Indian citizen making him eligible for an Indian passport. The court was thus convinced that the petitioner had made out a case for grant of relief and directed the authorities to process his application within a period of three weeks.

Periodical Inspection Of Rehabilitation/De-Addiction Centres Essential To Safeguard Public Interest: Madras High Court

Case Title: M Syed Ali Fathima v. State and others

Citation: 2023 LiveLaw (Mad) 123

The Madras High Court recently observed that rehabilitation or de-addiction centres can be run only after obtaining proper permission and necessary licenses and that the social welfare officer is duty-bound to inspect such places regularly to safeguard the public interest.

Justice SM Subramaniam made the observation on a plea by a woman claiming compensation from the Director of the Institute of Mental Health for her husband's death while he was admitted at the Ever Green Rehabilitation Centre in Kovilambakkam, Chennai. It was alleged that the petitioner's husband was brutally attacked by the management of the Centre before his death.

'World Is Theirs Too': Madras High Court Issues Directions To Make Public Transport Disabled Friendly

Case Title: Vaishnavi Jayakumar v The State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 138

In an attempt to make public transport in the state accessible to all including persons with disabilities, aged persons, pregnant women, and children, the Madras High Court has issued a slew of directions to the State, particularly the transport department.

The court also modified a tender floated by the transport department to ensure that more low-floor buses are procured by the State.

Intimation Of Arrest Through SMS Hampers Constitutional Safeguard Of Effective Representation: Madras High Court Quashes Detention Order

Case Title: Harini v. The State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 145

The Madras High Court recently set aside a detention order passed by the Commissioner of Police, Avadi City on the ground that the intimation of arrest of the detenue made through an SMS which was improper.

The division bench of Justice M Sundar and Justice Nirmal Kumar observed that the right of the detenu to make effective representation is a constitutional safeguard ingrained in Article 22 of the Constitution and this right was hampered in the present case since the intimation was not made in a proper manner.

Students Admitted Under RTE Act's DG/EWS Quota Need Not Pay Even A Penny, State Must Pay All Fee: Madras High Court

Case Title: M. Suveathan vs. The State Commission for Protection of Child Rights and Ors W.P. NO. 4615 OF 2022

Citation: 2023 LiveLaw (Mad) 146

The Madras High Court has said that the State government must bear all costs, including the expenses on books, study material etc., incurred by a child belonging to the Economically Weaker Section (EWS) and Disadvantaged Groups (DG) admitted to school under the Right of Children to Free and Compulsory Education (RTE) Act.

The court said that uniform, notebooks, other reading materials and all other necessary ingredients would form an integral part of education that is imparted to the petitioner under the Act.

While allowing the writ petition, the court directed the school to provide all the materials, including uniform, notebooks, text books and all other reading materials to the petitioner forthwith without insisting on any payment from the petitioner, and to make a claim to the State for the amount payable.

Normally Wouldn't Interfere With Probe But Can't Turn Blind Eye To Police Harassment Happening Under Guise Of Investigation: Madras High Court

Case Title: Rajini v The Superintendent of Police and others

Citation: 2023 LiveLaw (Mad) 153

The Madras High Court recently observed that though courts normally do not interfere with the investigation carried out by police officers, it would also not turn a blind eye to instances of harassment by police under the guise of investigation.

Justice Sathi Kumar Sukumara Kurup was dealing with a plea filed by one Rajini contending that the police were harassing her under the guise of an enquiry/investigation. The police authorities, on the other hand, submitted that a notice under Section 41A of CrPC was issued to the petitioner based on a complaint and pending enquiry.

The court noted that though the Magistrate is a guardian of all stages of police investigation, he does not have the power to interfere in the actual investigation. The court added that this has led to numerous cases of police harassment.

'No Elite Society Of Lawyers At Public Cost' : Madras High Court Directs Madras Bar Association To Give Membership Without Any Discrimination

Case Title: Elephant G Rajendran v The Registrar General and others

Citation: 2023 Livelaw (Mad) 171

The Madras High Court recently came down heavily on the Madras Bar Association, for its strict bye-laws making it difficult for an ordinary lawyer to become a member of the association. The court also directed the Association to pay five lakh rupees as compensation to Senior Advocate Elephant G Rajendran for denial of drinking water to his son in 2012 by a senior lawyer.

Justice SM Subramaniam noted that the bye-laws of the Association have been formulated in such a manner that ordinary Advocates find it difficult to get membership thus resulting in class discrimination. The court also noted that since the association was functioning inside the court premises and enjoying all the benefits including free electricity, such elitism could not be allowed in a public place using the money.

Observing that practicing lawyers cannot be deprived of access to drinking water merely on the ground of membership, the court added that the present case was regretful and that both bar and bench should avoid such trivial and unwarranted situations.

Court Can't Be A Mute Spectator & Permit Perpetuation Of Untouchability: Madras High Court On Denial Of Temple Entry To SC Community Members

Case Title: M Mathi Murugan v The Hindu Religious Charitable Endowment Department and others

Citation: 2023 LiveLaw (Mad) 194

Lamenting that even after 75 years of Independence, there are instances of denial of temple entry to persons belonging to a particular community, the Madras High Court said that it can not be a mute spectator and allow such instances to continue.

Justice PT Asha of the Madurai bench said such instances of denial of entry to the temple even after 75 years of independence should make us hang our heads in shame.

The court added that if necessary, considering the ground situation and disturbance to public order, the police authorities would be at liberty to invoke the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest-Offender, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum-Grabbers and Video Pirates Act, 1982.

Madras High Court Directs Neyveli Lignite Corporation To Pay Rs. 40,000 Per Acre To Farmers For Crops Damaged On Acquired Land

Case Title: Murugan v State of Tamil Nadu and others

Citation: 2023 LiveLaw (Mad) 215

The Madras High Court on Wednesday said that it would fix responsibility equally on the farmers for trespassing into the property already acquired by the Neyveli Lignite Corporation (NLC) and upon NLC for not taking adequate care to prevent farmers from cultivating in the land.

Justice SM Subramaniam observed that once land was acquired following the procedures as contemplated under the Act, the landowners could not claim any right over the property nor enter it and cultivate the same.

The court however noted that in the present case, NLC had not effectively prevented the farmers from cultivating in the land which had been going on for the past many years and the farmers were also made to believe that it will take a long time for NLC to utilise the acquired lands.

Widow Can't Be Stopped From Entering Temple; Woman's Identity Not Dependent On Marital Status : Madras High Court

Case Title: Thangamani v The Collector, Erode District

Citation: 2023 LiveLaw (Mad) 218

The Madras High Court has strongly criticized the practice of stopping a widow from entering temples and said it can never continue in a civilized society governed by rule of law.

“It is quite unfortunate that the archaic beliefs that if a widow enters a temple it will cause impurity continues to prevail in this State. Even though the reformers are attempting to break all these senseless beliefs, it continues to be practiced in some villages. These are the dogmas and the rules framed by man to suit his convenience and it actually demeans a woman just because she has lost her husband,” the court said.

Justice Anand Venkatesh further observed that a woman, by herself, has a status and an identity that "that cannot in any way come down or be taken away depending upon her marital status."

Refugees Have To Be Housed In Reasonably Decent Accommodation, Their Privacy Has To Be Ensured: Madras High Court

Case Title: Athipathi v. The Principal Secretary and others

Citation: 2023 LiveLaw (Mad) 239

A refugee has to be housed in reasonably decent accommodation. The basic infrastructural facilities must be available. He or she must also have access to the fundamental amenities such as sanitation, health care, clean drinking water etc., the Madras High Court has held.

Justice GR Swaminathan observed that,

"When the right to shelter and housing has been recognised internationally as a human right, it cannot be denied to the refugees living in a camp. A camp houses a few hundred families. There are women and young girls. Their privacy has to be ensured. Otherwise, there is no meaning in declaring privacy as a fundamental right," the court said.

The court added that though the refugees living in camps are allowed to pursue their avocations and earn a living, a lot of restrictions are put in place which hinders their right to work. Thus, the court said that it is time to recognise a refugee's right to work without restriction.

Custodial Torture: Madras High Court Directs State To Pay ₹25 Lakh Compensation To Deceased Minor's Parents

Case Title: M Jeya v The Principal Secretary and Others

Citation: 2023 LiveLaw (Mad) 256

The Madras High Court recently directed the State government to pay a sum of Rs 25 Lakh to the parents of a 17-year-old boy who passed away as a result of alleged custodial torture by the Police.

Justice P Dhanabal added that since the trial against the erring officials was pending, the question of recovery from the erring officials could be decided by the Government.

The court noted that since it was prima facie established that the deceased died only while he was in custody of the police, it could invoke the jurisdiction under Article 226 of the Constitution to award compensation.

Madras HC Orders 25 Lakh Compensation For Man's Death By Electrocution At Temple Medical Camp, Says Govt Bound To Arrange For Pilgrims Well Being

Case Title: Swamiji v The Chief Secretary and Others

Citation: 2023 LiveLaw (Mad) 289

Granting compensation to man whose son died due to electrocution while on a temple pilgrimage, the Madras High Court emphasised that as per the Tamil Nadu District Municipalities Act, the local body was obligated to make arrangements for the well-being of the devotees.

Justice GR Swaminathan of the Madurai bench noted that the municipality could not remain content with the collection of license fee and tolls and that it is duty bound to make arrangements for the pilgrims without fear of violation of secularism.

Family Of Deceased Employee Denied Pension For 36 Yrs: Madras High Court Says Authorities' Attitude Inhuman, Calls For Proper Mechanism

Case Title: The Chennai District Collector and Others v T.V.S.Jaya Perumal (Died)

Citation: 2023 LiveLaw (Mad) 309

The Madras High Court recently came to the rescue of a family struggling to secure family pension for the past 36 years. The court also observed that the authorities' conduct in making the family run from pillar to post for the past 36 years during which time the wife of the deceased employee had also died was not merely unlawful, arbitrary but “inhuman”.

The bench of Justice R Suresh Kumar and Justice C Kumarappan also directed the State to make amendments to existing laws or bring in effective mechanisms to the existing laws to see that the retirement cum death benefits are paid to the families within a period of six months.

The court thus opined that the authorities could take the present case as a model case to streamline the issues pertaining to settling family pensions and to bring in a mechanism in tune with the existing laws.

“State's Rejection Order Contrary To Secular And Democratic Way Of Governance”: Madras High Court Allows RSS To Conduct Route March

Case Title: Raja Desingu v The State of Tamil Nadu and Others

Citation: 2023 LiveLaw (Mad) 321

While directing the police authorities in the State to grant permission to the Rashtriya Swayamsevak Sangh (RSS) to carry out route marches, the Madras High Court observed that the State's decision to deny permission in the first instance was against the secular and constitutional principles in the State.

Justice G Jayachandran noted that the state had denied permission to RSS by merely stating that there were other structures and places of worship in the intended route which was against the constitutional principle of Secularism.

Treat Sri Lankan Repatriate As Citizen, Extend Consequential Benefits: Madras High Court Urges India To Acknowledge Treaties With Sri Lanka

Case Title: T Ganesan v Government of India and Others

Citation: 2023 LiveLaw (Mad) 377

The Madras High Court has recently directed the Union and State Governments to treat a Sri Lankan repatriate man and his family as Indian Citizens and to grant them all reliefs as announced by the Government of Tamil Nadu for Sri Lankan repatriates.

Justice GR Swaminathan of the Madurai bench was hearing the plea of a man, T Ganesan, who came to India 33 years ago, seeking confirmation of his Indian Citizenship by the authorities. It was his case, that though he had been registered as an Indian citizen with an Indian passport, his status as a citizen was not being recognised by the Indian authorities.

In allowing the man's plea, the court noted that India had signed three repatriation agreements with Sri Lanka in which India was obliged to repatriate six lakh persons from Sri Lanka and grant them citizenship.

The court further noted that though half a century had elapsed since the numbers were drawn up, India had conferred citizenship to only around 4,61,639 Indian Origin Tamils and had still not fulfilled their treaty obligations.

Ambiguity May Lead To Denial Of Basic Rights: Madras High Court Calls For Increased Caution In Granting/Cancelling Community Certificates

Case Title: P.Maheswari v The Secretary to Government and Others

Citation: 2023 LiveLaw (Mad) 385

The Madras High Court recently observed that granting of a community certificate or its cancellation would have larger repercussions as it would affect the future generations of the family concerned and as such the authorities are expected to be more cautious while granting the certificate.

In setting aside the cancellation of the petitioner's community certificate, a bench of Justice SM Subramaniam and Justice V Lakshminarayanan stressed that the authorities must go through every document carefully and remove ambiguity as any ambiguity would result in the denial of the basic right of the person seeking the community certificate.

'Can't Restrain A Person From Performing Religious Duties': Madras HC Asks HR&CE Dept To Conduct Temple Festival Including People Of All Castes

Case Title: Pandiarajan C v The District Collector and Others

Citation: 2023 LiveLaw (Mad) 407

The Madras High Court recently directed the Hindu Religious and Charitable Endowments (HR&CE) Department to conduct the Margazhi festival in the Arulmighu Chelliyaramman Temple in Virudhunagar District while ensuring that all the devotees including people belonging to the scheduled caste community are permitted in the temple.

The court passed this direction while hearing a plea of a man alleging that the scheduled caste members were not being permitted inside the temple.

Justice B Pugalendhi further directed the Tahsildar to ascertain if any issue of untouchability prevailed in the Village and submit a report to the District Collector for taking appropriate action. The court also stressed that no person or any group could restrain a person from performing his religious duties which was a right guaranteed under the constitution.

Case Title: The President v The District Collector

Citation: 2023 LiveLaw (Mad) 240

The Madras High Court has directed the Cuddalore District Collector to remove the Panchayat President and other members of the Nainarkuppam Village for their transphobic letter and resolution against grant of patta land to Transgender persons in the village.

Justice SM Subramaniam also highlighted that the transgender persons have a right to reservation and it is time for the Tamil Nadu government to initiate steps to provide reservation to Transgender persons in the local body to ensure their inclusion in the mainstream society and for their democratic participation. As an initial measure, the court directed the Cuddalore District Collector to ensure that reservation is granted to Transgender persons in the local body.

Consider Evolving Procedure To Register "Deed Of Familial Association" To Protect Rights Of LGBTQIA+ Partners: Madras High Court To TN Govt

Case Title: Sushma v State

Citation: 2023 LiveLaw (Mad) 356

The Madras High Court has suggested the state to consider coming up with a procedure for registering the Deed of Familial Association, recognizing the civil union entered into between LGBTQAI+ partners in order to protect the fundamental rights of persons forming part of this community.

Justice Anand Venkatesh gave the suggestion in a plea filed by one Prasanna intervening in the ongoing hearing wherein the court has been passing a series of directions in an attempt to remove the stigma associated with the community and to ensure the welfare of the members of the community. The purport of this Deed, as suggested by the petitioner, is to ensure that two persons will have the right to live in a relationship.

The court, after looking into the recent Supreme Court verdict in Supriyo's case, noted that the Apex Court had clearly recognised the right to choice of two persons to have and live in a relationship and their right to protection and also their right not to be harassed. The court further observed that the “Deed of Familial Association” would only safeguard the rights that were already guaranteed under Article 21 of the constitution.

Tamil Nadu A Pioneer In Implementing Welfare Measures For Third Gender Persons: State Tells High Court In Plea To Implement NALSA Judgement

Case Title: S Muthu Kumar v The Cabinet Secretary and Others

Citation: 2023 LiveLaw (Mad) 380

The Government of Tamil Nadu recently informed the Madras High Court of the various schemes implemented in the State in compliance with the judgment of the Apex Court in National Legal Services Authority vs. Union of India.

The submissions were made before the bench of Chief Justice SV Gangapurwala and Justice KK Ramakrishnan in response to a plea seeking the authorities to implement the NALSA judgment.

In its counter affidavit, the State informed the court that the Government has initiated many innovative steps for the welfare of the Third Gender such as Mobile Apps, Awards, Training programs etc. It was informed that the mobile app, created at a cost of ten lakh rupees was inclusive of information, education and communication activities for the welfare of the persons belonging to the third gender.