Pathetic That Caste-Based Competition Persists Over Public Resources In Scientific Age: Madras High Court

A Bench of Justice R N Manjula held, "Natural resources like water is common to all. It is surprising and pathetic to note in this scientific age, that some communities needs to compete with the other communities and stand second in order to get their share from the resources dedicated to the public good. Is not the human race one Community? Though various legislations have been brought to protect the vulnerable sections from the oppressive lot who think they are superior and privileged, things at certain grass root level still remains the same."

The Court added, "But people in authority cannot be mute spectators and be indifferent to these tales. Being so, would amount to contributing or subscribing to these meanness of minds. Nor are they expected to do some stunts for a make belief that they are the best Samaritans and that they do something heroic. What is needed is some practical solution and noiseless action. Sometimes the serenity of action is lost in empty noises. Being aware and sensitive of these realities and do things which can be done in the best of the powers vested in the authorities is the need of the hour."

The Court directed the District Collector of Tenkasi to immediately address and eliminate such discriminatory practices. The Court instructed the administration to provide an adequate number of public tap water connections and ensure that these facilities are accessible to all residents—regardless of caste or community. The Court stressed that no group or individual can claim exclusive rights over any public water source.

Importantly, the Court also directed the authorities to prevent anyone from hoarding water or drawing excessive amounts to the detriment of others, reiterating that all public utilities especially natural resources like water must be equitably shared.

Senior Advocate V. Kathirvelu appeared for the petitioner and Advocate K. Gnanasekaran appeared for the respondents.

Background

The observations came during the hearing of a plea filed by one who sought suspension of a sentence handed down under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. He had been convicted for caste-based verbal abuse and criminal intimidation of two individuals working in a field on December 3, 2016. The trial court sentenced him to one year of rigorous imprisonment and imposed a fine of ₹1,000.

The petitioner’s counsel argued that the alleged incident took place on private land and not in public view, a requirement for conviction under Section 3(1)(r) of the SC/ST Act. However, the trial court had interpreted the law differently and proceeded with the conviction.

During the proceedings, the complainant a 65-year-old woman appeared before the Court and raised concerns about possible harassment if the convict were released on bail. She told the Court that the public water tap she depends on is near the accused’s residence, and she feared intimidation. In response, the accused’s counsel gave an undertaking that petitioner would not approach, threaten, or communicate with the complainant in any manner.

Finding

Given that the trial court had already granted an interim suspension of the sentence and that the appeal is unlikely to be taken up for hearing soon, the High Court allowed the suspension of the sentence. However, it took serious note of the complainant’s larger concern about continued caste-based harassment and denial of access to basic resources like water.

The Court observed, "Democracy assures rule of law not the rule of the mighty. A fragile old woman of 65 years, laments before this Court that the days have not changed and they are still facing the oppression at the hands of other community even in the matter of sharing of the common resources like water. Water is the elixir of life, and no one can live without water. The entitlement to get uncontaminated good water is a visage of right to life and hence it is a fundamental right. No individual should be allowed to toil their whole of their life to get a hassle free few piles of water and die without even enjoying this basic amenity."

The matter is scheduled for further hearing on July 31.

Cause Title: Thirumalaisamy v. The State of Tamilnadu & Anr.

Appearance:

Petitioner: Senior Advocate V. Kathirvelu and Advocate K. Prabhu

Respondents: Advocate K. Gnanasekaran