Justice Anita Sumanth of the Madras High Court. File {photograph}
In a key commentary, Justice Anita Sumanth of the Madras High Court has contended that the ferocity proven by individuals on grounds of caste, is also due to the benefits accorded by the State to completely different caste teams and due to this fact, the blame can’t be laid solely upon the traditional Varna Dharma (division based mostly on caste) propounded by the Rig Veda.
The choose made the commentary while disposing of quo warranto pleas towards Tamil Nadu Youth Welfare and Sports Development Minister Udhayanidhi Stalin, Hindu Religious and Charitable Endowments division Minister P.Ok. Sekarbabu and Nilgiris Member of Parliament A. Raja over the Santana Dharma row.
Lamenting that divisions based mostly on caste have been deeply entrenched in the State although the current day caste system prevailing in the society was lower than a century outdated, the choose rued that “individuals” have been seen to be fanning casteist passions which was not in the pursuits of the State or its individuals.
The choose held that the three lawmakers had attacked Sanatana Dharma (everlasting ideas adopted by Hindus) by wrongly equating it with Varna Dharma. She stated the latter divides individuals solely on the premise of their avocation and never by start because it had been understood by them.
“The Varna system does not contemplate division on the basis of birth, but based on avocation. The system was designed to work towards the smooth functioning of society centuries ago where the chief avocations were identified based on the then needs of society. The relevance of such a system today, is itself moot,” she wrote.
Agreeing unequivocally that there have been inequities based mostly on caste in present-day society they usually should be eschewed and eradicated through the use of all the may of the State, the choose, nevertheless, stated, “The origins of the caste system as we know it today are less than a century old.”
The State of Tamil Nadu, at current, had 370 registered castes and it was witnessing a cacophony of pulls and pressures by teams of individuals claiming allegiance to one caste or the opposite, she stated. “This ferocity among persons belonging to different castes is also, in part, on account of the benefits made available to them. Can one lay the blame for these torturous circumstances entirely on the ancient Varna system? The answer is emphatically in the negative,” the choose noticed.
She went on to state: “If the leaders in a State wish to lead an egalitarian land with equal sharing of resources among all the people, they must set an example by exhibiting fairness in approach, moderation in speech and a sincere desire to understand the differences between their people.”
The choose stated, it was a matter of document that there had been extreme ravages by fellowmen, at differing factors in time, in completely different sections of society, all in the identify of supremacy and domination of caste, and as a response to a perceived domination by sure castes.
“I refrain from chronicling the details, as not being directly relevant to the subject matter of this order and also for the reason that there is no benefit to be gained in re-visiting past events and episodes that have been the source of pain, trauma and deep sadness to sections of people at different points in time,” she stated.
The choose, nevertheless, recorded her commentary that such occasions should be deprecated, and that the Court does so, unequivocally. “There must be repair and damage control on an ongoing basis to correct the unfairness of the past. There must, consequently, also be sincere introspection on the methods that can be evolved to correct injustices and foster equality, today and going forward,” she suggested law-makers.
