“When the Berlin Wall crumbled, no one wept for its fall. On the other hand, people of both sides were joyous and celebrating it. The souvenirs collected from the ramparts of the ideological barrier are even now kept in many homes all over the World. But that will not be a case where human walls are erected on the basis of colour or creed or caste,” began a judgement passed by the Madras High Court Bench here on Tuesday.
Justice K. Chandru made the observation while referring to the resentment generated among Caste Hindus when the State Government in May 2008 demolished part of a 600-foot wall separating their inhabitations from that of the Dalits in Uthapuram near here. He was disposing of a batch of writ petitions filed by a group of Dalits of the village seeking compensation as well as a Central Bureau of Investigation probe into the violent incidents that took place pursuant to the demolition.
World history
Recalling significant events from world history, including the resistance put up by Rosa Park, a brave American woman, against discrimination in her country on the basis of skin colour, and after quoting Martin Luther King's address during the Montgomery March, the judge said that the Indian Constitution was perhaps the only one where under the Fundamental Rights Chapter, a provision had been incorporated making certain practices as an offence.
“Dr. Ambedkar who became the chairman of the committee to draft the Indian Constitution did not forget his past experience and was thoughtful enough to insert Article 17 prescribing abolition of untouchability in all forms,” the judge said. The Article declared that untouchability was abolished and its practice in any form was forbidden. The enforcement of any disability arising out of untouchability would be an offence punishable in accordance with law.
Even after insertion of Article 17, people never realised their fundamental duty to promote harmony and common brotherhood. Therefore, in 1976, Article 51A introduced fundamental duties on its citizens. Sub-clause (e) of the Article stated that it would be the duty of every citizen to promote harmony and spirit of common brotherhood amongst all people of the country transcending religious, linguistic, regional and sectional diversities.
However, “the ever increasing atrocities against the Scheduled Castes and Scheduled Tribes made Parliament enact the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The objects and reasons appended to the Act read as follows: Because of the awareness created amongst the Scheduled Castes and the Scheduled Tribes through spread of education they are trying to assert their rights and this is not being taken very kindly by the others.
“When they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interest tries to cow them down and terrorise them. When the Scheduled Castes and the Scheduled Tribes try to preserve their self-respect or honour of their women, they become irritants for the dominant and the mighty. Occupation and cultivation of even the Government allotted land by the Scheduled Castes and the Scheduled Tribes are resented and more often these people become victims of attacks by the vested interests.”
Mr. Justice Chandru went on to state: “When the pernicious practice of untouchability never ceased, Justice Markandey Katju (during his tenure in the Supreme Court last year) recalled the equality principle incorporated in the American Declaration of Independence and lamented about the existing Indian situation. He said that a large section of Indian society still regarded a section of their own countrymen as inferior and such mental attitude was one of the main causes holding up the country's progress in the modern age.”
In so far as the present case was concerned, the wall in Uthapuram forced the Dalits to take a detour of more than 2.5 kilometers to reach the other side. The Tamil Nadu Untouchability Eradication Front, a non-governmental organisation, undertook a survey and found out extensive practices of untouchability in the village. The caste practices included prevention of Dalits from worshipping in a local Muthalamman Temple and a Peepal tree near it. The Dalits were also not allowed to put up arches and decorate the streets during domestic functions.
“The sewage water let out from the Caste Hindus got mixed with the (drinking) water line of the Dalit people… The report of the TNUEF became an eye opener. It hit the headlines of national newspapers… When public opinion mounted against the existence of caste wall… the State Government, unable to bear the public protest, helped to demolish a portion of the brick wall and provided a thoroughfare into the street of the main village on May 6, 2008.
“On the day of demolition, a strong police force, including top officials of the district administration, supervised the demolition on the direction of the State Government. While it brought great excitement for the Scheduled Caste people of the village, the caste Hindus irked by such move and held a counter protest. They left the village en mass and protested against the action. This led to several unwanted incidents leading to filing of criminal cases against both sides by the District Police,” the judge said.
Pointing out that both the caste groups entered into an agreement in October last to live peacefully, thanks to efforts made by Madurai Superintendent of Police Asra Garg, the judge also referred to a news report in The Hindu on November 11 that scores of upper caste Hindus received the Dalits at the Muthalamman Temple with folded hands. The judge directed the Madurai Collector and Superintendent of Police to ensure continuance of peace.
Published - March 21, 2012 03:08 pm IST
