The Madras High Court has directed the removal of caste-based tags from the names of schools and colleges within four weeks, observing that such identifiers contradict the values and teachings imparted within educational institutions..The Court added that institutions failing to comply should be de-recognised. The authorities have been instructed to ensure the entire process is completed by the start of the 2025-26 academic year.A Bench of Justice D Bharatha Chakravarthy observed,"Even otherwise, the use of the caste name per se in the school goes directly against the teachings inside the school and as a society it must be serious enough when we teach the students of the Tirukkural...In any event, when this Court has declared that use of the caste name is opposed to public policy, the same cannot brook any delay and has to be removed forthwith in the names of the schools.".The Court also directed the State government to implement the recommendations of a committee led by retired judge Justice K Chandru, which called for the removal of terms like ‘Kallar Reclamation’ and ‘Adi Dravidar Welfare’ from the names of government schools.Additionally, the Court ordered the Inspector General of Registration of Societies to compile a list of societies named after specific castes, especially those that serve only members of a particular caste or promote caste-based objectives. These societies must be issued notices to remove caste references from their names, amend any bylaws that reinforce caste divisions and open their membership to all individuals regardless of caste, the Court added..The judgment was delivered in a batch of three writ petitions filed by the South Indian Senguntha Mahajana Sangam based in Chennai, the Tiruchengode Vatta Kongu Velalar Sangam from Namakkal district and the Poor Educational Fund, also located in Chennai.The Court observed that although the pleas sought different reliefs, they all involved societies that promoted a particular caste identity.Consequently, key preliminary questions emerged before the Court - Can societies that promote caste identities be registered at all? Can courts entertain writ petitions concerning their internal disputes? Given that many such associations also run educational institutions under caste-based names, should these names be allowed to continue?.It was submitted that caste associations exist and disputes between them have been resolved by courts previously, as result of which, there is no necessity to revisit these questions.However, Justice Chakravarthy opined that since caste discrimination and fanaticism have reached "alarming levels", courts cannot be oblivious to such societal evils."Till now, in most cases, in pleadings or judgments, we pulled along by referring ‘caste’ with a sweet-coated word ‘community’. If one takes a pause and reflects, ‘caste’ cannot be ‘community’. It can at best be termed as ‘com-dividy’."It clarified that members of lower castes are not prohibited from fighting for their rights by forming societies."However, if they also carry the caste name and restrict the membership to the caste, obviously it becomes a self-defeating exercise," the Court said..It held that associations which uphold or reinforce the caste system cannot expect the High Court to invoke its writ jurisdiction under Article 226 of the Constitution to resolve their disputes."The framers of the Constitution granted powers to the High Court to uphold valuable fundamental rights and other rights under the law. Before training their guns on others, these caste association members also indulge in rehearsals in the form of infighting within the association and with reference to elections, etc., and these cases are filed. Thus, these intra-association conflicts and the prayers that are made are clearly against the constitutional goal and opposed to public policy. Thus, it cannot be entertained by a Court of law," the Court noted..The judge observed that the caste system is not limited to any one religion but extends across nearly all faiths. He highlighted that the Poor Educational Fund, for instance, restricts its membership to Gavaras, Balijas, and Telagas, who belong to the Catholic sect of Christianity."It can be seen that the caste system that is prevailing as of date has to do nothing with the religion. As a matter of fact, it can be seen from the above that it is cutting across religion, and people are not willing to put down this burden from their head, and they will carry it along with them, and these fanatics will carry it even to the moon."Summing up, the Court said,"If we perpetuate caste, it inevitably results in a breach of fraternity within society, leading to ill feelings and enmity among groups. The fact that it spreads like cancer even among school children underscores this issue. Thus, the very presence of the caste name in society promotes disharmony, hatred, enmity, and ill will among various castes.".Senior Advocates N Murali Kumaran and V Kamalanathan, along with Advocates S Sathish Rajan, P Rajendran and R Manibarathi appeared for the petitioners.Advocate General PS Raman, Additional Advocate General J Ravindran, Senior Advocate Dakshayani Reddy, along with Advocates U Baranidharan, P Rajan and R Sasikumar, appeared for the respondents.Advocate A Rahul assisted the Court as Amicus Curiae..[Read Order]
The Madras High Court has directed the removal of caste-based tags from the names of schools and colleges within four weeks, observing that such identifiers contradict the values and teachings imparted within educational institutions..The Court added that institutions failing to comply should be de-recognised. The authorities have been instructed to ensure the entire process is completed by the start of the 2025-26 academic year.A Bench of Justice D Bharatha Chakravarthy observed,"Even otherwise, the use of the caste name per se in the school goes directly against the teachings inside the school and as a society it must be serious enough when we teach the students of the Tirukkural...In any event, when this Court has declared that use of the caste name is opposed to public policy, the same cannot brook any delay and has to be removed forthwith in the names of the schools.".The Court also directed the State government to implement the recommendations of a committee led by retired judge Justice K Chandru, which called for the removal of terms like ‘Kallar Reclamation’ and ‘Adi Dravidar Welfare’ from the names of government schools.Additionally, the Court ordered the Inspector General of Registration of Societies to compile a list of societies named after specific castes, especially those that serve only members of a particular caste or promote caste-based objectives. These societies must be issued notices to remove caste references from their names, amend any bylaws that reinforce caste divisions and open their membership to all individuals regardless of caste, the Court added..The judgment was delivered in a batch of three writ petitions filed by the South Indian Senguntha Mahajana Sangam based in Chennai, the Tiruchengode Vatta Kongu Velalar Sangam from Namakkal district and the Poor Educational Fund, also located in Chennai.The Court observed that although the pleas sought different reliefs, they all involved societies that promoted a particular caste identity.Consequently, key preliminary questions emerged before the Court - Can societies that promote caste identities be registered at all? Can courts entertain writ petitions concerning their internal disputes? Given that many such associations also run educational institutions under caste-based names, should these names be allowed to continue?.It was submitted that caste associations exist and disputes between them have been resolved by courts previously, as result of which, there is no necessity to revisit these questions.However, Justice Chakravarthy opined that since caste discrimination and fanaticism have reached "alarming levels", courts cannot be oblivious to such societal evils."Till now, in most cases, in pleadings or judgments, we pulled along by referring ‘caste’ with a sweet-coated word ‘community’. If one takes a pause and reflects, ‘caste’ cannot be ‘community’. It can at best be termed as ‘com-dividy’."It clarified that members of lower castes are not prohibited from fighting for their rights by forming societies."However, if they also carry the caste name and restrict the membership to the caste, obviously it becomes a self-defeating exercise," the Court said..It held that associations which uphold or reinforce the caste system cannot expect the High Court to invoke its writ jurisdiction under Article 226 of the Constitution to resolve their disputes."The framers of the Constitution granted powers to the High Court to uphold valuable fundamental rights and other rights under the law. Before training their guns on others, these caste association members also indulge in rehearsals in the form of infighting within the association and with reference to elections, etc., and these cases are filed. Thus, these intra-association conflicts and the prayers that are made are clearly against the constitutional goal and opposed to public policy. Thus, it cannot be entertained by a Court of law," the Court noted..The judge observed that the caste system is not limited to any one religion but extends across nearly all faiths. He highlighted that the Poor Educational Fund, for instance, restricts its membership to Gavaras, Balijas, and Telagas, who belong to the Catholic sect of Christianity."It can be seen that the caste system that is prevailing as of date has to do nothing with the religion. As a matter of fact, it can be seen from the above that it is cutting across religion, and people are not willing to put down this burden from their head, and they will carry it along with them, and these fanatics will carry it even to the moon."Summing up, the Court said,"If we perpetuate caste, it inevitably results in a breach of fraternity within society, leading to ill feelings and enmity among groups. The fact that it spreads like cancer even among school children underscores this issue. Thus, the very presence of the caste name in society promotes disharmony, hatred, enmity, and ill will among various castes.".Senior Advocates N Murali Kumaran and V Kamalanathan, along with Advocates S Sathish Rajan, P Rajendran and R Manibarathi appeared for the petitioners.Advocate General PS Raman, Additional Advocate General J Ravindran, Senior Advocate Dakshayani Reddy, along with Advocates U Baranidharan, P Rajan and R Sasikumar, appeared for the respondents.Advocate A Rahul assisted the Court as Amicus Curiae..[Read Order]
