Caste-based petitions should be declared unconstitutional: Madras HC on temple trusteeship plea
Highlighting that caste destroys the ethics and morality of society, the judge wrote, “All are born equal, and casteless society is our Constitutional goal”
Madras High Court (File)
CHENNAI: It is high time that this court declares any prayer made akin to caste or which perpetuates caste as not only unconstitutional but also something opposed to public policy, held the Madras High Court.
Though 75 years have gone by since the Indian Constitution came into place, certain sections of society are not ready to shed this unwanted baggage, observed the court while hearing the petition filed solely on the caste basis to secure the trusteeship of temples.
Justice D Bharatha Chakravarthy heard a petition seeking to frame a scheme of administration by appointing non-hereditary trustees for Arulmigu Varatharaja Perumal and Sendraya Perumal Temples at Aavalapatti Village, in Pollachi, from the persons belonging to a subsect of a particular caste.
“Caste is an evil that divides society, leading to discrimination, and violence, and is against growth. The request of the petitioner is against public policy and Constitutional goals, hence entertaining petitions purely on caste basis equals to violation of the Constitution,” held the judge and refused the plea.
The caste system leads to the perversion of the goals and values of the society, hence, any prayer made in the nature of or which has the effect of perpetuation of caste is not only unconstitutional but also a threat to public policy, read the judgment.
Referring to the Supreme Court judgment of Ashoka Kumar Thakur -Vs- Union of India case, the judge held that “our constitutional goal is to establish a casteless and classless society, and no court of law should consider anything towards the perpetuation of caste”.
Highlighting that caste destroys the ethics and morality of society, the judge wrote, “All are born equal, and casteless society is our Constitutional goal.”
To frame any scheme, the temple should focus on values like deep devotion and faith rather than caste, observed the judge, adding that the scheme can only be framed with the trustees having qualities that enhance the implementation of such schemes.
