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2012 Supreme(Mad) 1407

Madurai Bench of Madras High Court
K. CHANDRU, J.

Murugan & Others
Versus
State of Tamilnadu, represented by the Chief Secretary & Others
W.P.(MD)Nos.10500 of 2010, 10365 of 2010, 10373 of 2010, 10376 of 2010, 10415 of 2010 & 10583 of 2010 & M.P.(MD)No.1,1,1,1,2,2 & 2 of 2010
Decided On : 20-03-2012

Advocates Appeared:
For the Petitioners:Ms. U. Nirmala Rani, C.K. Rajan, T. Lajapathi Roy, Advocates.
For the Respondents:S. Rozario Sundar Raj, M. Govindan, Spl. G.P., Veerakathiravan, Advocates.

The case highlighted the duty to promote harmony and common brotherhood among all people, transcending religious, linguistic, and regional diversities, as enshrined in Article 51-A(e) of the Indian Constitution.

Headnote:

Untouchability - Caste Discrimination - Abolition of Untouchability - Article 17, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Uthapuram Village Dispute

Fact of the Case:

The case involved a long-standing dispute between the Scheduled Caste people and the Caste Hindus of Uthapuram village, leading to various criminal cases and social unrest. The Superintendent of Police, Mr. Asra Garg, IPS, played a pivotal role in brokering peace between the two groups.

Finding of the Court:

The court acknowledged the historical agreement reached between the parties, allowing the Scheduled Caste people to enter the temple and make offerings, and recommended the withdrawal of criminal cases against both parties. The District Administration was directed to implement the terms of the settlement and monitor the situation in the village.

Issues: Long-standing social and legal disputes between Scheduled Caste people and Caste Hindus, criminal cases pending against both parties, and the need for peace and reconciliation in Uthapuram village.

Ratio Decidendi: The court emphasized the importance of implementing the agreement reached between the parties, recommended the withdrawal of criminal cases, and directed the District Administration to monitor the situation and provide compensation to the affected parties.

Final Decision: All the writ petitions were disposed of with directions for the implementation of the settlement terms, withdrawal of criminal cases, and provision of compensation to the affected parties. The court praised the efforts of the Superintendent of Police, Mr. Asra Garg, IPS, in brokering peace and finding a solution to the long-standing dispute.

Judgment

1. When Berlin Wall crumpled, no one wept for its fall. On the other hand, people of both sides were joyous and were celebrating it. The souvenirs collected from the ramparts of the ideological barrier are even now kept in many homes all over World.

2. But that will not be a case where human walls erected on the basis of colour or creed or caste. When colored people of the USA were denied dignity and equal treatment in transport, Rosa Park, a brave black woman, led a successful protest against apartheid and blatant discrimination. On the Montgomery March, the champion of civil rights in America Martin Luther King had to say this :

"You know, my friends, there comes a time when people get tired of being trampled over by the iron feet of oppression. There comes a time, my friends, when people get tired of being plunged across the abyss of humiliation, where they experience the bleakness of nagging despair. There comes a time when people get tired of being pushed out of the glittering sunlight of life's July, and left standing amid the piercing chill of an alpine November.

And we are not wrong. We are not wrong in what we are doing. If we are wrong, the Supreme Court of this nation is wrong. If we are wrong, the Constitution of the United States is wrong. If we are wrong God Almighty is wrong. If we are wrong, Jesus of Nazareth was merely a utopian dreamer that never came down to earth. And we are determined here in Montgomery to work and fight until justice runs down like water and righteousness like a mighty stream.

Perhaps it is easy for those who have never felt the stinging darts of segregation to say, "Wait." But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate-filled policemen curse, kick, and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society.

When you are forever fighting a degenerating sense of "nobodiness" – then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience.

[quoted in "There comes a Time - The Struggle for Civil Rights"; by Milton Meltzer (2000) - Landmark Books, Random House, New York; p. 77, 93 and 94]

He ridiculed the people who advocated patience and for a slow change in their attitude towards social change.

3. It took two hundred years after the American declaration that all men were created equal to declare that the school children in USA cannot be segregated on the basis of color. The U.S. Supreme Court took a pro-active role in ordering admission of children in all schools disregarding color or creed. The great civil right lawyer Marshall, who was later elevated to the Supreme Court and who argued the case in Brown Vs. Board of Education, sat in a bench dealing with reverse discrimination. Recalling the reminiscence of the School Bus Case, he wrote in the judgment as follows:

"It is unnecessary in 20th century America to have individual Negroes demonstrate that they have been victims of racial discrimination; the racism of our society has been so pervasive that none, regardless of wealth or position, has managed to escape its impact. The experience of Negroes in America has been different in kind, nor just in degree, from that of other ethnic groups. It is not merely the history of slavery alone but also that a whole people were marked as inferior by the law. And that mark has endured. The dream of America as the great melting pot has not been realized for the Negro; because of his skin color he never even made it into the pot."

[The Bakke, 438 U.S. at 400 (Marshall, J.,) -quoted in "All Deliberate Speed" by Charles J.Ogletree, Jr. - W.W.Norton & Company, New Yo



































































































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