Perpetuating Caste Will Breach Fraternity: Madras High Court Orders Removal Of Caste Names From Educational Institutions

The Madras High Court has asked the Inspector General of Registration to ensure that no society is registered with a caste name or for the purpose of perpetuating caste in the State. Justice Bharatha Chakravarthy added that if such societies are running schools, colleges, or other educational institution, it should be ensured that the institution does not display caste names either directly or indirectly. The court said that the caste names should be removed within 4 weeks and the names should be changed. The court added that if the institutions failed to comply with the orders, steps would be taken to de-recognise the institution and the students would be transferred to other recognised institutions. The court added that the same action could be taken with respect to educational institutions run by trusts or other individuals. “In case there are caste appellations in the names of the institutions, notice must be issued to the institutions to give up the names of the caste within a period of four weeks from the date of receipt of the web-copy of this order, and the names should be changed and if they fail to comply, steps to be taken to de-recognize the institutions and the students to be transferred to some other recognised institution. The said exercise shall be completed within the academic year 2025-2026, failing which, the students should be transferred to other institutions in the academic year 2026-2027,” the court said. The court also asked the State government to remove any prefixes associated with caste from the school names, referring to them only as Government schools, followed by their location. The court said that if the donor's name is to be mentioned in the school's or hostel's name, the caste prefix or suffix will have to be removed. “The Government shall remove the caste names (Kallar Reclamation, Adi-Dravidar Welfare, etc.) as prefixes or any other caste names as suffixes in the school and hostel names, and they shall be referred only as Government schools and hostels followed by their place of location. If the donor's name is mentioned in the name of the school and hostel, the name of the donor alone shall be mentioned after removing the caste prefix or suffix associated with the name of the donor or their family,” the court said. The court emphasised that if the caste names in the society/trusts is allowed to continue and of the court allows perpetuating caste, it would breach the fraternity of the country, leading to ill feelings and enmity. “If we perpetuate caste, it inevitably results in a breach of fraternity within society, leading to ill feelings and enmity among groups. The fact that it spreads like cancer even among school children underscores this issue. Thus, the very presence of the caste name in society promotes disharmony, hatred, enmity, and ill will among various castes,” the court observed. The court was hearing a batch of petitions filed by various Societies and organisations regarding their internal elections. While taking up the matters, noticing that the societies were involved in perpetuating caste, which is against the constitutional morals of the country, the court wondered if such societies could be registered under law and whether whether the schools, colleges and other educational institutions maintained by these societies be allowed to continue displaying the caste in its names. The court noted that the Government had initially agreed that societies restricting their membership to a particular caste alone would be against the constitutional morals and the principles enshrined in the Tamil Nadu Societies Registration Act. However, the state later took a U-turn and requested the court not to go beyond the scope of the prayer in the petitions. The court noted that during the pendency of the petitions, the Registrar of Societies had passed orders on the representation of the societies, making the original prayers infructuous. However, the court was not willing to accept this contention as it noted that the march of law will always continue to consider the needs of society. Recounting instances of honour killing and even kids attacking their fellow students with knives and weapons, the court said it could not be oblivious to the happenings in the society. The court noted that members of the same caste could come together and do good for society, and the same was not prohibited or unwelcome. However, when an association restricted entry to a particular caste and was formed in the name of the caste, it became unconstitutional. The court stressed that perpetuation of caste was not one of the objects entertained in the Act. Thus, the court asked the societies to approach the jurisdictional registrars and submit forms regarding change in name, amending the goals of the society from perpetuating/proliferation of caste, and amending the membership bye-law without restricting...

Perpetuating Caste Will Breach Fraternity: Madras High Court Orders Removal Of Caste Names From Educational Institutions

Upasana Sajeev

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