Taking a tough stand on caste discrimination, the Madras High Court directed the Tenkasi administration to ensure equitable distribution of water and stop injustice to Dalits.
Chennai. The Madras High Court has strongly objected to the discrimination being done to the Scheduled Caste community in drawing water from public water sources and said that it is “shocking and sad even in the scientific age” that some communities still have to wait for their rightful water.
Justice R.N. Manjula said that it is unfortunate that even today some communities get access to public resources only after other communities, while the Constitution and law give equal rights to all citizens.
The court said, “Natural wealth like water is for everyone. It is very shocking that even in today’s scientific age, some communities have to stand for their turn. Are we not all part of the same human society?”
‘Administration cannot remain a mute spectator’
The High Court made it clear that even though it is not easy to root out caste and class-based mentality, those in power and administrative responsibility cannot remain mute spectators.
The court said, “If those in the administration remain silent on these incidents, they will also be considered partners in this narrow mindset. We need practical and peaceful action, not ostentation.”
The court described water as the ‘nectar of life’ and said that no citizen, especially elderly women, should have to struggle for drinking water throughout their lives.
Case details
The observations were made when the court was hearing a petition filed by a man named Thirumalaisamy, who sought suspension of the sentence awarded by the District Sessions Court of Tenkasi and grant of bail.
Thirumalaisamy was found guilty under Section 3(1)(r) of the Scheduled Castes/Tribes (Prevention of Atrocities) Act. It was alleged that on 3 December 2016, he used caste-related slurs and threatened to kill two persons working in his field. He was sentenced to one year rigorous imprisonment and a fine of ₹1,000.
The petitioner argued that since the incident did not take place in public view, the sections of the Act were not applicable. The complainant (a 65-year-old woman) objected and said that if Thirumalaisamy was granted bail, she would have to face inconvenience and fear even while fetching water as he had to pass near her house.
Thirumalaisamy assured the court that he would not appear in front of the complainant, nor make any threat or gesture.
The court, noting that the hearing of the appeal was not possible soon and the petitioner had promised not to pose any threat, granted him bail and suspended his sentence. The court also directed the petitioner to appear in court every month.
Court’s instructions to end discrimination
During the hearing, the court also mentioned that the 65-year-old complainant is facing a lot of difficulties in getting drinking water. On this, the court directed the District Collector of Tenkasi that there should be no discrimination in water distribution on the basis of caste in the village.
The court gave the following orders to the officials:
- Adequate water connection and water supply should be ensured in all the streets.
- No community should be given priority in water distribution.
- No person or group should take excessive amount of water which causes difficulty to others.
The court clarified that all citizens have equal rights on public property like water and it is the responsibility of the administration to protect this right.
Rajan Chaudhary
Courtesy : Hindi News