GM LEGAL RANKED BY LEGAL 500 AS A TOP TIER FIRM IN CHENNAI CITY FOCUS

GM LEGAL RANKED BY LEGAL 500 AS A TOP TIER FIRM IN CHENNAI CITY FOCUS

Once a Pariah…

A study of a Pariah community in colonial times underlines the persistence of lower caste alienation in modern Indian society

The book under review is an exciting addition to recent publications on the socio-political conditions of low-caste Pariahs living in the erstwhile Presidency of Madras at the turn of the twentieth century. Those interested in this subject matter would already be familiar with ‘Nandanar’s Children’ (SAGE Publications, 2011), which too talked about prevailing agrarian systems, socio-economic hegemonies and the role of missionaries in Pariah communities. However, Viswanath’s book re-frames the discussion to illustrate the ‘Pariah Problem’ – rising self-assertion amidst changing political landscapes and the consequences that flow from it. 

At the very beginning, the author shares her predicament about the terminology – which is probably worthy of a larger essay – and whether Pariah or Dalit should be used in the book. The word Pariah (originally Paraiyar) is derived from the Tamil word Parai, referring to the hand-held circular drum made from cow-skin, an integral component of festival and funeral orchestras. Equally derisive in Tamil and English, today, the word refers to a person who is an outcast. The ‘Dalit’ terminology, though better than ‘Harijan’ or any of the other pejorative synonyms, can be misleading as the subject matter of this book is a sub-group of Dalit population confined to Tamil Nadu, as we know it today. In this context, it is perplexing why the author has not chosen to use the “Adi Dravida” terminology christened by the Madras Presidency’s Legislative Council in 1921. Adi Dravida, translates as ‘pre-Dravidian’ and refers to the indigenous nature of this community, is politically acceptable and continues in Government terminology till date. 

However, in other aspects, the reader cannot ignore the eerie resonance of incidents narrated in the book with present-day Tamil Nadu. In the past three years alone, Tamil Nadu has been rocked by caste violence in Marakkanam, Nayakkankottai and Seshasamudram, resulting in breakdown of communal goodwill, destruction of property and hundreds of arrests. In Seshasamudram, little over a week ago, Dalits who were preparing to carry out a procession of the ‘ther’ (temple-car with the deity on top) were attacked with stones and petrol-bombs by members belonging to a higher caste. In her book, Viswanath retells the Kalpathy incident from 1924 about a group of low-caste Ezhavars: “When [they] entered the Brahmin street as planned on the first day of annual festival, the Brahmins protested by attacking them with stones.. and local authorities quickly attempted to restore order by preventing Ezhavars from furthering using the street”.  

The book breaks new ground when it discusses the intervention of missionaries among Pariah communities. Challenging conventional wisdom, Viswanath argues that Pariahs were not the primary target of missionaries for conversion to Christianity. That would be Brahmins, as the strategy was to go for a “top down” approach in British India. Conversion of Pariahs was, according to Viswanath, initiated by Pariahs who aspired for access to education, land-ownership and economic opportunities. Stifled by the hundreds of years of agrarian serfdom and social subjugation, conversions reflected Pariahs’ desire for a better client-patron relationship. 

The notes and letters left behind by missionaries are nothing short of fascinating. For instance, the book talks about Reverend William Gaudie who “painstakingly inspected” human faeces in the Pariah colony “to assess the extent of the congregation’s distress”. Gaudie’s inspections revealed “bright red seeds” which belonged to a type of cactus that was usually fed to cattle. Such incidents given an insight into the eating habits forced upon Pariah families when times were tough. 

In the final chapters, the author has delved into the realm of how Pariah aspirations were thwarted by “caste elites” clothed in political power as a consequence of the newly established dyarchy. It is here that the book is found lacking is contextualising Pariah question within the country’s first backward classes political movement. Starting in 1916, the rise of the non-Brahmin Justice Party, which went on to form the Government in Madras Presidency in 1920, paved the way for five representatives of the Pariah community (Depressed Classes) to the Legislative Council. This  included towering leaders such as MC Rajah and Rettaimalai Srinivasan who were then members of the Justice Party. The Justice Party’s “Communal Government Order” of 1921 was the first official reservation policy in Government employment ever to be passed in the country. The Temple Entry proclamation of 1925 allowed lower caste people to enter temples for the first time. In fact, Babasaheb Ambedkar has written about being inspired by social and political struggles of the Madras Presidency. Interestingly though, while Ambedkar believed that he “was born a Hindu, but will not die as one”,  Srinivasan felt he was never “in the Hindu fold” but a “full-blooded Dravidian in race”. 

In spite of this, the book has been able to put together a very important story about the struggle of a community, the colonial apathy, the interface with missionaries and an ever-growing assertion of basic human rights. Notwithstanding the birth of our Constitution guaranteeing equality and the spread of Dalit political movements, we have just not been able to solve the Pariah Problem. Kilvenmeni, Bathani Thola, Laxmanpur Bathe, Nagari Bazaar and Khairlanji are constant reminders that time is fast running out. 

Manuraj Shunmugasundaram

Link to the Article: https://www.business-standard.com/article/opinion/once-a-pariah-115082701315_1.html

Case against NEET goes beyond failings of NTA

NEET-UG 2024 results lead to controversy, retest for 1,563 candidates after SC intervention. Larger issues of fairness and equity in NEET remain unaddressed.

On June 4, the declaration of results from the general elections coincided with the National Eligibility cum Entrance Test (NEET)-UG 2024 results, both leading to unexpected outcomes. Interestingly, it has been the NEET results that have led to greater controversy, broad-based introspection and judicial intervention. After the Supreme Court (SC) stepped into question irregularities in awarding grace marks, the National Testing Agency (NTA) agreed to conduct a retest for 1,563 candidates, which was held on Sunday. This seems to be a temporary antidote at best, while deep-rooted causes remain unaddressed and the prognosis for the future of NEET appears to be grave.

The One Country One Test paradigm attracted controversy from its very inception in 2012. Till 2015, NEET was not conducted on the basis of the SC order declaring it to be unconstitutional. However, in April 2016, the SC, in the case of Sankalp Charitable Trust and another vs Union of India and Ors, (2016), reviewed its earlier decision and mandated NEET to be the single entrance test for medical courses across India. Notably, Tamil Nadu, one of the states exempted from NEET initially, has been protesting against its implementation.

The present controversy has arisen due to suspicious marking practices that have led to an unusually high number of candidates scoring perfect 720 out of 720 marks as well as awarding of grace marks based on a loss of time by applying the normalisation formula. This formula was endorsed by the SC in the case of Disha Panchal and others vs Union of India, (2019) when candidates for the Common Law Admission Test faced glitches in the examination portal. While the Grievance Redressal Committee has reviewed the case of 1563 candidates who appeared in the NEET exam this year and received grace marks, it has not explained other anomalies in patterns in this year’s results.

Though this retest has been accepted by the SC, it does not deal with the arbitrariness of the grace marks based on a normalisation formula that was neither informed to candidates prior to the exam nor accepted by any court of law to be used in such a manner. Conducting a fresh examination for a select number of students has the effect of giving them additional preparation time and holding the exam under different conditions altogether. This, inevitably, raises the issue of disrupting the level playing field that was in existence during the original test. There will also be questions about the differing difficulty levels of the two test papers. 

However, larger and more fundamental questions around NEET remain unresolved. The One Nation One Test model promotes a one-size-fits-all approach that can be inherently discriminatory. In a country with a diverse school curriculum, learning difficulties, and affordability issues, the common test paradigm will only favour those who are placed on the higher echelons.

The committee, chaired by justice (retd.) AK Rajan, was appointed by the government of Tamil Nadu to study the impact of the NEET exam. After undertaking a detailed analysis of family backgrounds and educational backgrounds of students admitted to study medicine over 10 years or so, the Justice Rajan Committee concluded that the introduction of a common exam such as NEET disadvantages candidates from rural, non-English speaking and economically weaker backgrounds. Shifting the metric from the school leaving examination to an additional, extra-curricular test has made the role of coaching centres critical to success.

NEET has been an affront to social justice from the beginning. Now, NEET has been marred by arbitrariness in its procedure. Though the recent attention is a result of the marking practices, the larger issues around fairness and equity remain unresolved. As a concept, a common test cannot determine access to all colleges to study medicine. Even the Common Law Admission Test (CLAT) only controls admission mostly to national law universities. In contrast, NEET has taken over admission to colleges run by the state government and also private colleges. It places undue importance on one type of educational syllabus over all others. Even if marking irregularities or incompetence of the NTA is factored out, the NEET model of examination will fail the test on principles of inequality and anti-federalism.

Manuraj Shunmugasundaram is a DMK media spokesperson and advocate practising before the Madras High Court. Inputs were provided by Arya Abaranji PS. The views expressed are personal

https://www.hindustantimes.com/opinion/case-against-neet-goes-beyond-failings-of-nta-101719240757606.html

Workshop For Lawyers On The Rights And Protection On The Lgbtqia+ Community

Ganesan and Manuraj Legal LLP is organising a one-day sensitisation Workshop for Lawyers on the Rights and Protection of the LGBTQIA+ Community on the 19th of March, 2022 at THE Park Chennai.

We have a limited number of slots for participants. The attached Program Overview has more details.

If you are a lawyer and you would like to attend, please apply by filling in the form at:

Society Even Now Is Grappling To Come To Terms With Same-Sex Orientation: Madras High Court To Hear Same-Sex Couple’s Plea For Protection

In a case filed by Ganesan and Manuraj Legal LLP, the Hon’ble High Court was pleased to grant police protection and observed that the Case in hand requires to be dealt with more sensitivity and empathy

https://www.barandbench.com/news/litigation/madras-high-court-same-sex-couple-plea-protection-society-same-sex-orientation-not-accepting

Police Protection To Same Sex Couple

In a welcoming move, the Madras High Court was pleased to grant police protection for a same sex couple in a case filed by Ganesan and Manuraj Legal LLP. Mr S. Manuraj, the Counsel for the Petitioner argued that the couple face harassment in the hands of the police and parents and requested the Court to grant police protection and appropriate direction to ensure their safety.

The court observed that the Case in hand requires to be dealt with more sensitivity and empathy and that it is a sample case of how the society even now is grappling to come to terms with same sex orientation and ordered to hear the parties in camera.

Madras HC | Society still grappling to come to terms with same sex orientation: HC orders protection and in-chamber hearing

SCC Blog

Archakas of all hues

On 14 August 2021, the Government of Tamil Nadu appointed 24 trained archakas (priests) in temples across the state which come under the control of the Department of Hindu Religious and Charitable Endowments. On the same day, posts for odhuvar, poosari, mahout, garland stringers and umbrella carrier were also filled. In the weeks since, a series of writ petitions have come to be filed before the High Court of Madras assailing these appointments. The High Court will now have an opportunity to consider interesting constitutional questions that will fundamentally alter our societal structure. 

The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (“HR&CE Act”) is the governing law on the administration of Hindu temples and religious institutions. The HR&CE Act has been amended on at least 56 occasions but the most far-reaching of these took place in 1971 and 2006. In 1971, Section 55 of HR&CE Act was amended to abolish hereditary priesthood and in 2006, the amendment provided for appointment of appropriately trained Hindus irrespective of their caste as Archakas archakas to Hindu temples by the Government. Challenges to both amendments were taken to the Supreme Court and ultimately, the law, as amended, has been upheld.

Nevertheless, calls to whittle down the scope and authority of HR&CE Act have not diminished. In recent years, there has been a concerted campaign seeking to “liberate temples” from the “clutches of government”. Building on this, Bharatiya Janata Party’s manifesto for the elections to the Legislative Assembly of Tamil Nadu in 2021 even included a proposal to hand over administration of Hindu temples to a “separate board consisting of Hindu scholars and saints”. 

Constitutional Challenges to the HR&CE Act:

The constitutional courts have had plenty of opportunities to consider the various challenges made to HR&CE Act. In Seshammal vs. Union (1971), the Supreme Court of India observed that the amendment to HR&CE Act abolishing hereditary priesthood did not mean that the Government intended to bring about any “change in the rituals and ceremonies followed in the temples”.  Similarly, in the case of Adi Saiva Sivachariyargal v. State of Tamil Nadu (2015), the Supreme Court observed that ‘the constitutional legitimacy, naturally, must supersede all religious beliefs or practices’. The Supreme Court further went on to state that appointments should be tested on a case-to-case basis and any appointment that is not in line with the Agamas will be against the constitutional freedoms enshrined under Articles 25 and 26 of the Constitution of India. 

The Supreme Court has recognized that the arguments using Agamas have been commonly used in petitions filed against any perceived government interference in the matters of temple administration. As such, beginning from Seshammal vs. Union of India (1971) till Adi Saiva Sivachariyargal v. State of Tamil Nadu (2015), the Supreme Court has consistently held any contention of violation of Agamas must be tested on a case-to-case basis. This is to say that no omnibus relief can be granted based on a bald averment that an executive decision or order has infringed Agamas or essential religious practices. 

Evolution of constitutional jurisprudence

Nevertheless, the evolution of rights-based jurisprudence over the last 3 years is of relevance. In the cases of Joseph Shine v. Union of India (2018) and Indian Young Lawyers’ Association v. State of Kerala (“Sabarimala case”), the Supreme Court has reiterated the need to eliminate “historical discrimination which has pervaded certain identities”’, “systemic discrimination against disadvantaged groups and rejected stereotypical notions used to justify such discrimination. 

In all of the above cases, the Supreme Court has carefully prioritised judicial balancing of various constitutional rights. In the Sabarimala case, the Supreme Court held that “in the constitutional order of priorities, the individual right to the freedom of religion was not intended to prevail over but was subject to the overriding constitutional postulates of equality, liberty and personal freedoms recognised in the other provisions of Part III’. The judgment went on to further clarify that “though our Constitution protects religious freedom and consequent rights and practices essential to religion, this Court will be guided by the pursuit to uphold the values of the Constitution, based in dignity, liberty and equality.“

The Way Forward

The courts will now be called upon to build on the gains of Sabarimala case when it comes to administration of temples, in so far as it concerns matters that are not essentially religious. While doing so, they would be guided by principles of constitutional morality and substantive equality. The judgment of the Supreme Court in and Navtej Singh Johar v. Union of India (2018) has recast the interpretation of Article 15 into one that is wide, progressive and intersectional. The Supreme Court, while rejecting the formalistic approach towards Article 15 of the Constitution, explained theat intersectional nature of sex discrimination. Today, while most of the debate is around whether men from all caste groups can become Archakas, we have failed to recognize the gender bias inherent to these discussions. Therefore, the present set of cases before the Madras High Court provides us with the right opportunity to expand the scope of debate to why women and trans persons should not be appointed as Archakas.  At once, caste orthodoxy and patriarchy entrenched within the realm of the HR&CE Act can be eliminated; and in its place, the constitutional order with a vision of a just, equal and dignified society, as envisaged by the Supreme Court, could be supplanted. 

Link to the Article: https://www.thehindu.com/opinion/op-ed/archakas-of-all-hues/article36440384.ece

https://www.thehindu.com/news/national/tamil-nadu/archakas-of-all-castes-get-appointed/article35920132.ece
https://www.indiacode.nic.in/bitstream/123456789/13275/1/TNHR%26CE%20ACT%2C%201959%20-%20revised%20and%20updated.pdf
https://www.thehindu.com/opinion/op-ed/temple-and-state/article26656018.ece
https://www.thehindu.com/news/national/telangana/free-temples-from-state-control/article7752437.ece
https://www.thehindu.com/elections/tamil-nadu-assembly/bjp-proposes-anti-religious-conversion-law-ban-on-cow-slaughter-sand-mining/article34134535.ece

The broken bonds of democracy

An unsettled law is as dangerous as bad law.

A recent order by the Central Information Commission (“CIC”) has reiterated the inherent problems surrounding the Electoral Bond Scheme 2018. This order passed in an appeal against the State Bank of India has effectively shut the door to seek any details about donors and donees relating to electoral bonds under the Right to Information Act 2005 (“RTI Act”). With no other recourse available, the Supreme Court of India finds itself as the only surviving arbiter on adjudicating the vires of electoral bonds and settling the legal questions once and for all.  

An Illegal Scheme

The Electoral Bond Scheme 2018 (“Scheme”), which came into effect on 2 January 2018, creates banking instruments for donation of funds to political parties facilitated by the State Bank of India. (https://www.thehindu.com/news/national/the-hindu-explains-what-is-an-electoral-bond-and-how-do-we-get-one/article22367124.ece) The Scheme has been criticized for being intrinsically flawed as it conceals the identity of the donors and donees as well as the amount of donation. In effect, the Scheme defeats transparency, promotes arbitrariness and, is therefore, per se illegal.

By its very nature, the Scheme facilitates undisclosed quid pro quo arrangements between donors, who are more likely to be corporates, and political parties. Such an arrangement goes against best practices of electoral democracy and is repugnant to the freedom of speech and expression. In People’s Union for Civil Liberties v. Union of India and Another 2002, the Supreme Court held that the freedom of speech and expression also contained the fundamental right of a voter to secure information about the candidates who are contesting the election. (https://indiankanoon.org/doc/15059075/)

When the voter is permitted to know if an electoral candidate is facing any cases, even if those have not ended in conviction or even proceeded to a trial, should she not be equally entitled to know who is financing the expenses of the political party and its candidate? There can be no justification for election financing to be shrouded in secrecy through such a law. 

Closing the RTI Doors

The order passed by CIC in Second Appeal No. CIC/SBIND/A/2018/167835 has upheld the contention of the State Bank of India that they are not required to furnish the details of donors, donees and donations under the RTI Act.  In doing so, they have relied on two grounds provided under Section 8 of RTI Act, which exempts disclosure of information. Firstly, on the ground that the information sought has been held in fiduciary capacity and secondly, that there was not public interest involved in the application. 

The incredulity of the order aside, there is a tremendous legal infirmity that pervades the interpretation of law. Both grounds of reasoning do not stand a bare scrutiny of law. It is also trite that any exemption provided under Section 8 of the RTI Act is not absolute and should be read only in a very narrow and limited sense. Section 8(2) of the RTI Act directs that when public interest outweighs any harm to protected interests, the information sought for may be accessed. This section begins with a non obstante clause and therefore overrides the grounds relied upon by the CIC. (https://indiankanoon.org/doc/758550/)  

The public interest in the present matter is undisputable. The CIC, in an earlier order, has deemed political parties to be public authorities under the RTI Act. (https://thewire.in/government/national-parties-public-authorities-rti-election-commission ) The funds received by political parties from donors would naturally be of interest to voters of the country in order to understand their financing and functioning. Donations by corporate entities, especially public limited companies, would also be of interest to their shareholders and potential shareholders. Therefore, the failure of the CIC in appreciating the present issue as one of the highest public importance and resorting to hyper-technical objections is, indeed, shocking and defeats the objects of the RTI Act itself.

The Final Arbiter

The CIC order effectively shuts the door on any RTI requests with regard to electoral bonds and any concomitant information. As the current controversy stands, there is no other recourse but for the Supreme Court of India to determine the law with regard to the Scheme and the interpretation of the CIC. A batch of petitions filed by Association of Democratic Reforms and the Communist Party of India (Marxist) are subjudice. Therefore, the present decision of the CIC, if carried to the Supreme Court on appeal, may also be tagged and heard altogether. 

It is worth remembering that the writ petitions pending adjudication have been filed over three years ago and that the respondents have also entered appearance and filed their pleadings. In its counter-affidavit filed before the Supreme Court in WP (C) 880 fo 2017 , the Election Commission of India has argued the case for “declaration of donation received by the political parties and also about the manner in which those funds are expended by them, for better transparency and accountability in the election process”.  (https://www.scobserver.in/court-case/electoral-bonds

The public scrutiny of political parties and political candidates is an essential and inalienable part of a free and fair democratic process. By suppressing knowledge of political financing, we are ultimately breaking the very basic bonds of democracy that is holding the country together. It is regrettable that the matter has not yet attained judicial finality. An unsettled law is as dangerous as bad law. In larger interest, therefore, the Supreme Court must find its urgency and conclusively settle the questions around the constitutionality of electoral bonds. 

Manuraj Shunmugasundaram 

Advocate and Spokesperson, Dravida Munnetra Kazhagam

Link to the Article: https://www.thehindu.com/opinion/op-ed/the-broken-bonds-of-democracy/article33447535.ece

Charges quashed against Twitter’s Jack Dorsey for holding poster. More CEOs must speak up now

Many conservatives and Right-wing Indians were outraged that the Twitter CEO, in his visit to India, held a poster against brahmanical patriarchy. He had every right to.

In the midst of COVID-19 and lockdown measures, a judgment of the High Court of Rajasthan went unnoticed on 7 April 2020. The judgment had effectively quashed the criminal case filed against journalist Anna MM Vetticad and Twitter CEO Jack Dorsey in the matter relating to Dorsey holding up a poster captioned ‘Smash Brahmanical Patriarchy’. The controversies surrounding the photograph of Dorsey holding up the poster may have finally been given quietus, but larger and more uncomfortable questions remain unresolved. Questions which cannot be answered judicially and will determine the moral direction of the country.

Soon after the photograph of Dorsey holding up the poster, originally designed by social activist Thenmozhi Soundarajan, was posted on Twitter by Vetticad on 18 November 2018, it created quite a stir. While some saw it as a photograph of a man holding a poster, privileged Twitterati hyperventilated at Dorsey for “demonology of Brahmins” and compared this with “what the Nazis did to the Jews”. Those who are now familiar as right wing debaters on television medium, unhappy with Twitter as a medium, wondered if Government is “serious about replacement” and why Dorsey “would align with any group”. 

The Twitteratis’ case against the CEO of Twitter and the poster was that the slogan “Brahmanical Patriarchy” offended religious sentiments, targeted Brahmins – who are a minority in India – and constituted hate speech against this community. Almost immediately, 44-year old resident of Jodhpur, Rajkumar Sharma approached the Police Station Basni on 19 November 2018 to register a First Information Report (F.I.R). In his complaint, Sharma alleged that Dorsey and Vetticad had “maligned the Brahmin society at large” and induced “religious hatred towards the Brahmin community”. The police initially refused to register the F.I.R and Sharma approached the Commissioner of Police and then the local Magistrate. Finally, the F.I.R was registered under the Indian Penal Code for offences including defamation, conspiracy and acts intended to outrage religious feelings. 

Quashing the F.I.R, the High Court of Rajasthan has held that the term “Brahmanical Patriarchy” refers to a sociological concept which has no direct link with the “religious sentiments of any section of society” and cannot be construed as ‘hurting the religious sentiments” or as creating “a religion based rift” in society It goes on to say that the poster conveys the feeling of “being strongly opposed to the Brahmanical Patriarchical system”. Though the judgment does not quote socio-political authorities, the logic it conveys is derived from the discourse laid out by Babasaheb Ambedkar and more recently, interpreted by feminist scholars such as Uma Chakravarti and Sharmila Rege. Ambedkar has explained his position in 1938 as such:

By Brahmanism, I do not mean the power, privileges and interests of Brahmins as a community. That is not the sense in which I am using the word. By Brahmanism, I mean the negation of the spirit of Liberty, Equality and Fraternity.” 

Chakravarti defines Brahmanical Patriarchy as “the need for effective sexual control over women to maintain not only patrilineal succession but also caste purity, the institution unique to Hindu society”. Through her work, Chakravarti has sought to develop a feminist analysis of caste inequaities. In her book ‘Against the Madness of Manu’, Rege speaks about the surge of Dalit feminist scholarship in unravelling Brahmanical Patriarchy which builds on Chakravarti’s academic work. In no sense, can this seen as anything but an evidence-based and academically established sociological discourse. Though, it is unsurprising that the entire controversy was manufactured by the Indian right wing forward caste elites, it was shocking to see Twitter, as an organization, unravel under the weight of these events. Twitter’s Legal, Policy and Trust & Safety Lead, Vijaya Gadde, issued an apology and said that the poster was not “reflective” of the company’s views. 

Twitter, like many other businesses in recent times, has largely remained silent in expressing their social or political views. But, Dorsey has been known to have taken political positions before. He has spoken on Arab Spring and Black Lives Matter. In India, it is rare for business leaders to speak out on political issues. We have not heard Indian business leaders articulate against the establishment position on Article 370 or Citizenship Amendment Act. On issues involving the intersection of caste and gender, we have not heard anyone speak out. What prevents our business icons from taking positions in favour of gender equality and social justice is not known. 

Do they a fear of a backlash from the conservative sections, as witnessed in the present controversy? Have they been tutored to stay out politically sensitive issues? Can we expect corporate and cultural icons to take a position on issues which affect the social fabric of the country?  

What irked right wing Indian Twitter was that a young and woke global business icon had taken a stand on a deeply divisive issue inherent to our country. What riled them further is that diverse, feminist and subaltern voices rose across Indian Twitter supporting and trending the hashtag #SmashBrahmanicalPatriarchy. The High Court judgment validates and empowers such voices. Now is the time to move the needle on addressing caste and gender issues across India; and for woke leaders, media bosses, corporate trailblazers and feminist influencers to confront Brahmanical Patriarchy within their organizations and society at large. 

Manuraj Shunmugasundaram

Spokesperson, DMK and Advocate practicing at the Madras High Court 

Link to the Article: https://theprint.in/opinion/charges-quashed-against-twitters-jack-dorsey-for-holding-poster-more-ceos-must-speak-up-now/404919/

‘Like Sanskrit imposition, Tamil Nadu should fight NEET, ask for more autonomy’ 

A seventeen year old girl took her own life because she could not study medicine. She died because, perhaps, she hoped against hope she could pursue her dreams. Anitha grew up in Kuzhumur village in Ariyalur, one of the most backward districts in Tamil Nadu. She completed her 10th standard exams in a government-aided school with a score of 478 out of 500.  Her academic excellence bestowed a scholarship to another school with hostel facilities within the same district. She accepted it and moved in to the hostel, not in the least because her own house did not have a toilet. Two years later, she attained a mark of 1176 out of 1200. Her achievement is all the more extraordinary considering she was born in a Dalit family, lost her mother when she was seven, lived in a house with a thatched roof and with her four brothers and father who was a coolie labourer in a vegetable market at Tiruchirapalli. 

Students with a lesser school-leaving score in 2016 had been admitted in to government medical colleges during the previous year. Naturally, Anitha was hopeful that she could pursue her dream. In an interview, recorded sometime in July 2017, she says that she wants to serve society by becoming a doctor. Yet, society had different plans for her. Our society and its parliamentary manifestation decided that students would have to go through National Eligibility and Entrance Test (NEET). NEET is a common entrance exam which would be based predominantly on the Central Board of Secondary Education (CBSE) syllabus. Tamil Nadu had been exempt from NEET in 2016 and the state’s students were under the impression that this would be the case in 2017 as well. 

Repeated assurances from the Government of Tamil Nadu through Health Minister Vijayabhaskar, Chief Minister Palanisamy and Government of India through Pon Radhakrishnan and Nirmala Seetharaman swelled hope among state’s students. Yet, in what is too tragic to be described as mere ‘u-turn’, the Government of India refused to help with promulgating an ordinance. Government of Tamil Nadu, in what has become too common to be described as a farce, did not even put up a feeble resistance on behalf of its students. On 22 August 2017, the Supreme Court ordered that NEET Counselling be conducted and completed on 4 September 2017. Anitha died on 1 September 2017. 

There is no doubt that the law of the land is in favour of NEET. Would it, then, not be unfair to agitate against NEET or hold the Centre and State Governments responsible for this tragedy? Not at all. NEET, by its inherent character, is against the social justice fabric of this country. It is anti-poor, anti-rural, anti-government-schooled, anti-Tamil and so on. It is court-endorsed discrimination and it must be battled politically. By the people and their representatives. It would be remiss to not remember that the very first Amendment to the Constitution of India was a direct result of the judgment in the case of State of Madras vs Champakam Dorairajan 1951. It is not illegal to fight for justice when justice has been denied or defied. It is also important to expose the Centre and State Governments on their repeated assurances and hold every single person mentioned above including Deputy Speaker of Lok Sabha – Thambidurai – who had promised “good news” on NEET. 

The fundamental problem with NEET is not that it is “merit” based but that it is an additional “entrance” examination which disregards school-leaving scores. Merit, in any case, is not measured in an examination where one set of students are allowed to study the syllabus for two years and another set for two weeks. Even if NEET was based on a syllabus that is uncommon for both sets, it would still fall short for the reason that any entrance test offers an immediate advantage to the urban and economically stronger groups who can access and afford coaching classes. After the Government of Tamil Nadu abolished engineering entrance examinations in 2007, there is empirical evidence of a marked increase in rural, women and first generation students gaining admission. 

NEET, inherently, discriminates. NEET treats unequals equally. NEET does not account for social and educational disadvantages. Where the Government of India should ask for unity of its people, it seeks to impose uniformity of its examinations. The only way to respond is for States to not give up their rights. States must demand greater federal autonomy. States must take back the power ceded to NEET and implement education in their regions as per their requirements. Tamil Nadu has the most number of medical colleges (25) under the NEET Counselling but it does not get to have a say in how the seats are allotted. Tamil Nadu makes one of the highest contributions to the Central Tax coffers yet its farmers have been begging, protesting and pleading for the past many months for a farm loan waiver. Federalism cannot be sacrificed at the altar of so-called nationalism. 

Tamil Nadu, its politicians and its people must rise to the occasion. In a manner similar to Jallikattu Protests earlier this year. With the same tenacity as the Anti-Hindi-Imposition Agitation of 1965. Endowed with the same conviction as the movement against caste discrimination in Hindu temples of 1920s and 1930s. Nearly a hundred years ago, a group of non-Brahmins started the South Indian Liberal Federation (SILF). They fought against the requirement of proficiency in Sanskrit as a prerequisite to gain admission to medical colleges. SILF, later known as the Justice Party, formed Government in 1919 and removed this obscure eligibility to studying medicine. This truly democratised the study of medicine and opened the doors to men and women who were not from the “upper caste” groups. It is not a coincidence that the Justice Party also enabled the first woman physician of the country – Muthulakshmi Reddy – to become the first Indian woman legislator in 1927. A hundred years later, it is cruel irony that NEET seems nothing more than a novel pre-requirement like Sanskrit was. Yet, the Colonial India which cheered a Muthulakshmi Reddy is now condoling the loss of Anitha as New India. 


Manuraj Shunmugasundarm

Advocate and Spokesperson, DMK

Link to the Article: https://timesofindia.indiatimes.com/city/chennai/like-sanskrit-imposition-tamil-nadu-should-fight-neet-ask-for-more-autonomy/articleshow/60353359.cms

LIST OF DATES

On 24 May 2017, Madras High Court (Madurai bench) stayed the release of NEET results in an interim order. 

On 14 June 2017, Supreme Court lifted the stay order of the Madras High Court. 

On 1 August 2017, Thambidurai MP (Deputy Speaker) says good news on NEET is coming. 

On 13 August 2017, Minister of State Nirmal Seetharaman said that the Centre was ready to exempt Tamil Nadu “ to help rural students to get admission in government medical colleges”. 

On 16 August 2017, Edapadi Palanisamy-led Government submitted a draft ordinance to the Union Ministry for Home Affairs and the Chief Minister expressed confidence in obtaining an exemption for the year. 

On 22 August 2017, the Supreme Court asks Tamil Nadu to go ahead with NEET counselling after the Attorney General of India expressed that the NEET Ordinance drafted by Tamil Nadu was not good in law. 

REFERENCES
https://scroll.in/latest/847111/centre-agrees-to-exempt-tamil-nadu-from-neet-for-a-year-if-it-passes-an-ordinance 

http://www.oneindia.com/india/neet-2017-ordinance-to-exempt-tamil-nadu-gets-attorney-generals-consent-2522976.html

http://www.deccanchronicle.com/nation/current-affairs/010817/good-news-coming-soon-on-neet-says-m-thambidurai.html 

http://www.newindianexpress.com/states/tamil-nadu/2017/aug/22/ordinance-in-trouble-as-attorney-general-does-a-neet-u-turn-1646446.html 

http://indianexpress.com/article/education/neet-ordinance-by-tamil-nadu-not-good-in-law-says-a-g/

http://www.thehindu.com/opinion/columns/the-justice-party-torchbearer-of-reform/article7892747.ece

http://blogs.timesofindia.indiatimes.com/tracking-indian-communities/justice-party-fuelled-success-of-dravidian-movement/

Breaking new ground

The Madras High Court’s recent judgment is truly path-breaking for the LGBTQ community

A judgment of the Madras High Court, sitting in the Madurai Bench, has extended enjoyment of civil rights, especially those pertaining to marriage, by trans persons. While this is pathbreaking for Tamil Nadu, and much of the rest of the country, the judgment also opens doors to LGBTQ community for availing civil rights including marriage, succession and inheritance. 

In the judgment delivered in the case of Arunkumar and Sreeja vs Inspector General of Registration and Others 2019 (WP(MD) 4125 of 2019), the Madras High Court has held that a valid marriage solemnized between a male and trans woman is valid under Hindu Marriage Act 1955 is bound to be registered by the authorities.  The judgments quotes NALSA vs Union of India (2014), which famously held that the transgender person has the right to decide their “self identified gender”.  This position has been repeatedly upheld by the Supreme Court through subsequent judgments in Justice (Retd.) K.S. Puttaswamy vs Union (2018) and Navtej Singh Johar vs Union (2018).

The present judgment breaks new ground when it comes to the interpretation of the statutory terms found in the Hindu Marriage Act 1955, especially that of bride and groom. The judgment states that “the expression “bride” occurring in Section 5 of the Hindu Marriage Act, 1955 cannot have a static or immutable meaning. As noted in Justice G.P.Singh’s Principles of Statutory Interpretation, the court is free to apply the current meaning of a statute to present day conditions.”  

The nine-judge bench in Justice (Retd.) K.S. Puttaswamy vs Union (2018) made a telling reference to the landmark judgment Obergefell vs Hodges 576 US  – (2015) wherein the Supreme Court of the United States of America held that the “fundamental right to marry is guaranteed to same-sex couples by both Due Process Clause and Equal Protection Clause of the Fourteenth Amendment.“

Taken together, the present judgment of the Madras High Court read along with the Supreme Court’s explicit reference to the guarantee of right to marry to homosexual couples, there cannot be a legal bar to extending civil rights such as marriage, succession or inheritance to LGBTQ couples, who have decided to get married consensually, married in accordance with the existing laws and are not in violation of any other laws. 

It is of particular interest to note that at the preliminary hearings before the Supreme Court in the Navtej Singh Johar vs Union (2018 case, the Solicitor General, representing the Government of India, sought the curtailing of the scope of the case to that of the decriminalization aspect or the constitutional validity of Section 377 of Indian Penal Code 1860 alone.  The Supreme Court did not have an opportunity to examine the bundle of rights that were to naturally arise from the striking down of Section 377. Therefore, in this context, the present judgment is truly pathbreaking for the LGBTQ community who have been unfairly denied of equal protection of laws with regard to civil rights. By implementing this judgment in letter and spirit, India would finally honour Article 16 of the Universal Declaration of Human Rights which reads:

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.”

Manuraj Shunmugasundaram

Advocate and Spokesperson, DMK  

Link to the Article: https://www.thehindu.com/opinion/op-ed/breaking-new-ground/article26946299.ece

References:

https://www.livelaw.in/pdf_upload/pdf_upload-360185.pdf
https://www.thenewsminute.com/article/how-trans-woman-officiated-another-trans-woman-s-wedding-tn-temple-90860
https://www.business-standard.com/article/current-affairs/supreme-court-hearing-on-section-377-proceedings-to-continue-tomorrow-118071001197_1.html