Madurai: Can holy cross and other religious symbols and practices displayed by a Dalit should be cited to quash scheduled caste certificate? no, said Madras High Court, this is called “bureaucratic narrowing”. Constitution never foreseen.
In a recent order, a first bench of Chief Justice Sanjib Banerjee and Justice M Duraiswami held that only because a member of the Dalit community married a Christian and her children were recognized as members of her husband’s community Is. scheduled caste The certificate issued to him cannot be revoked.
The court made this observation while allowing a petition filed by P Muneeswari of Ramanathapuram district in 2016, seeking quashing of a 2013 order by the district collector canceling her community certificate. A doctor by profession, she was born to Hindu Palan (Scheduled Caste) parents and was certified as per the law. She then married a Christian and raised her children as members of the Christian community as well.
Citing this, the district administration canceled his certificate. When she challenged the verdict in court, officials said they visited her clinic and found a Holy Cross hanging on the wall. On this basis, the authorities inferred that she had converted to Christianity and, thus, was disqualified to retain the Hindu Pallan community certificate.
Rejecting the argument, the first bench observed: “There is no suggestion in the affidavit that he has renounced his faith or that he has converted to Christianity. It is equally possible that he, as a part of a family, May be with her husband and children. For Sunday matins, but the mere fact that a person attends church does not mean that such a person has completely abandoned the original faith to which he was born Was.”
The judges continued: “The acts and conduct of the officers reflect a degree of parochialism which the Constitution does not encourage.” He said it would be good for the members of the inquiry committee to look into the matter with a broader mind, as is evident in the present case.
Noting that the action taken by the officers appeared to be arbitrary and based on presumptions and presumptions without supporting any material facts, the judges set aside the order passed by the District Collector and issued the orders in favor of Muniswari originally. instructed to restore the certificate. immediate effect.
In a recent order, a first bench of Chief Justice Sanjib Banerjee and Justice M Duraiswami held that only because a member of the Dalit community married a Christian and her children were recognized as members of her husband’s community Is. scheduled caste The certificate issued to him cannot be revoked.
The court made this observation while allowing a petition filed by P Muneeswari of Ramanathapuram district in 2016, seeking quashing of a 2013 order by the district collector canceling her community certificate. A doctor by profession, she was born to Hindu Palan (Scheduled Caste) parents and was certified as per the law. She then married a Christian and raised her children as members of the Christian community as well.
Citing this, the district administration canceled his certificate. When she challenged the verdict in court, officials said they visited her clinic and found a Holy Cross hanging on the wall. On this basis, the authorities inferred that she had converted to Christianity and, thus, was disqualified to retain the Hindu Pallan community certificate.
Rejecting the argument, the first bench observed: “There is no suggestion in the affidavit that he has renounced his faith or that he has converted to Christianity. It is equally possible that he, as a part of a family, May be with her husband and children. For Sunday matins, but the mere fact that a person attends church does not mean that such a person has completely abandoned the original faith to which he was born Was.”
The judges continued: “The acts and conduct of the officers reflect a degree of parochialism which the Constitution does not encourage.” He said it would be good for the members of the inquiry committee to look into the matter with a broader mind, as is evident in the present case.
Noting that the action taken by the officers appeared to be arbitrary and based on presumptions and presumptions without supporting any material facts, the judges set aside the order passed by the District Collector and issued the orders in favor of Muniswari originally. instructed to restore the certificate. immediate effect.
.