Caste System Forbidden But Individuals Free To Put Up Display Boards Mentioning Caste Names: Madras High Court

The Madras High Court last month observed that private individuals have got the freedom and choice to put up display-boards or other material (even if they contain Caste names) according to their wishes as long as they are not obscene or offensive. The Bench of Chief Justice Sanjib Banerjee and Justice R. Hemalatha was hearing the plea of one Amuthan who sought directions to respondents to eradicate the caste names which are used in front of the Educational Institutions and Shops and other Establishment in the State of Tamil Nadu, based on his representation. In short, the petitioner raised a grievance related to caste names being used in connection with educational institutions, shops and establishments. At the outset, the Court observed, "While the petitioner's sentiment may be appreciated, it is difficult for courts to control the activities undertaken by certain individuals unless such activities are downright illegal or criminal." Significantly, the Court remarked, "The continuation of the caste system under the constitutional scheme of things is completely forbidden. However, there is also an element of freedom and choice left to the private individuals to put up display-boards or other material according to their wishes as long as they are not obscene or offensive." With this observation, the Court opined that the matter brought to the notice of the Court was not worthy or being carried forward and thus the plea was dismissed. Other notable orders of the High Courts In related news, while dismissing the bail plea filed by some accused in an honor killing case, the Telangana High Court in December 2020 observed that the people of India are victims of social evils, like casteism and honour killings. In 2019, the Madras High Court, while ordering police protection to a couple, had remarked that inter-caste marriages are good for the society in rooting out the caste system. The boy and girl, in this case, belonged to a different caste and they married in spite of stern objections from the latter's family. As the threats continued even after the couple started living with the boy's family, they filed a complaint before the police. Again, in 2019, putting an end to a 'colonial legacy' the practice of mentioning caste status in criminal proceedings, the Punjab and Haryana High Court had observed that caste system is profoundly illogical and is also against the basic tenets of the Constitution. In December 2020, inquiring about the proposed steps for complete overhauling of the Prison Manual, the Rajasthan High Court had asked the State Government to ensure that the prisoners are not forced to indulge in menial jobs like cleaning toilets etc. merely on the basis of their caste and also that no under trial prisoner is forced to perform such jobs in the prison. In June 2020, while granting relief to a couple who had been separated by the wife's family on account of caste-based differences, the Gujarat High Court had made significant remarks viz. the social impact of such incidents. The division bench comprised of Justice Sonia Gokani and Justice NV Anjaria observed, "…the caste system in the country is making it more and more difficult for the young people to decide their own life partner and the rigidity in the minds of adults in the family becomes the serious cause of division of human relationship." Case title - Amuthan v. The State of Tamil Nadu and others [W.P.(MD) No.3570 of 2021] Click here to download the orderRead order

Caste System Forbidden But Individuals Free To Put Up Display Boards Mentioning Caste Names: Madras High Court

Sparsh Upadhyay

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