Lawfully Yours: By Retired Justice K Chandru | Don't make a public stunt by applying for 'no caste' certificate; instead shun casteism

Don't make a public stunt by applying for 'no caste' certificate; instead shun casteism

There is no sanatana, varnashrama or caste in the Holy Bible or Christianity. By imposing the caste system, the religious identity and faith of Christians are being destroyed. I have filed a writ (WP No 29612 of 2023) in the Madras High Court (MHC) for granting me a 'casteless Christian' certificate to follow my religion, based on the 'Freedom of Religion' enshrined under the Constitution. From the tahsildar to the Chief Secretary and the MHC, all accept that caste is the identity and practice of Hinduism and agree that there is no caste in the Holy Bible and Christianity, but refuse to grant a casteless Christian certificate because there is no gazette order.

My questions are:

1. Can the state government and MHC deny one of the fundamental rights enshrined under the Constitution for want of a gazette order?

2. Can Christians be forced to follow the Hindu caste system?

3. Is the state government's gazette order greater than the Constitution of India?

-- L Vincent, s/o Lourdusamy, Avadi

As early as 1912, the MHC had rejected the plea of Christian Vellalas for separate seating away from Christian Nadars. The court said, "It is difficult for one to sympathise with the efforts of so-called caste elements to obtain legal sanction for alleged custom amongst them tending in the opposite direction". However, over the years, while conversion to Christianity continued, it failed to break the caste system within the church. After 110 years, the situation has become so bad that we even have separate burial yards for Dalits while marriages are solemnised within sub-castes only.

You are only making a public stunt by applying for a casteless certificate from a government authority. Even after a Hindu girl got such a certificate from Revenue authorities and got huge publicity, the euphoria was short-lived. The court has ruled that Revenue authorities have no such power. The caste certificates are issued only for the benefit of reservation and not for publicity. Please don't raise such topics for publicity. Instead, show in your real life that you are not a casteist.

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Courts not suited to get workable orders for an environment-friendly atmosphere

The Greater Chennai Corporation's garbage trucks that ply from various parts of the city to the Kodungaiyur dump yard are ominous and pose a concern. The garbage, both dry and wet – is transported in open vehicles, spilling all along the route, including on trailing vehicles. Most vulnerable are the two-wheeler riders who often lose balance as the wind splashes the spill onto their face. Why isn't GCC not enforcing cover for all such trucks? In many places closely knit nets are used to cover such trucks, but not in Chennai. Private trucks transporting construction debris uncovered lead to mishaps with debris falling onto windshields etc. The Basin Bridge stretch is visible proof of such dangerous practices. Can the civic body be made to see sense by any legal means?

-- Rajagopalchari, MKB Nagar, Chennai

Kodungaiyur now sounds like a terrible place. Even when the place was selected for solid waste management, several litigations came up before the High Court and several orders were issued.

But all of them remained on paper for the last 20 years. Thanks to public outcry and protests, the GCC has announced the closure of the dump yard and is looking for sites elsewhere. Now they have promised bio mining and have announced a bio park there.

But no public interest litigation (PIL) will help. If you file one it could prove to be a bitter pill. The courts are not suited to obtaining workable orders to have an environment-friendly atmosphere. Public action alone can guarantee a safe environment.