Madras HC Returns Caste Certificate to Pallan Hindu Woman After Officials Dump Her When Seeing Cross In Her Clinic
The Madurai bench of the Madras High Court ruled that a listed caste community certificate, Pallan in this case, cannot be canceled simply because the person has visited a place of worship in another confession or displayed religious icons of that belief.
The tribunal composed of Chief Justice Sanjib Banerjee and Judge M. Duraiswamy heard a motion from a woman against the annulment of a community certificate issued to her which declared that she belonged to the Pallan Hindu community.
The tribunal noted that there was no doubt that the applicant had obtained a community certificate as belonging to the Pallan Hindu community, just as it was not disputed that the applicant was born to Pallan Hindu parents.
Chief Justice Banerjee observed that there is a degree of narrow-mindedness in the actions and conduct of the authorities concerned and that the Constitution does not encourage it. “Some specious apologies have been put forward which cannot be accepted. According to this affidavit, officials went to the applicant’s clinic, the latter being a doctor. These officials apparently found a cross hanging on the wall and on the basis of this cross the officials conjectured that the petitioner had converted to Christianity and therefore was not entitled to keep the certificate of the Hindu community. pallane, ”the court noted.
“Just because a person goes to church does not mean that they have completely abandoned the original faith”
The bench said: “There is no suggestion in the affidavit that the petitioner has given up his faith or that the petitioner has embraced Christianity. It is also possible that the applicant, as a member of a family, accompanies her husband and children for Sunday matins, but the mere fact that a person attends church does not mean that they have completely abandoned the original faith to which no one was born.
The judge remarked: “Nothing can be presumed about a member of a particular community concerning another community or another religion and, indeed, it is the constitutional mandate and not otherwise. “
“It would be good if the members of the review panel approach the matter with a broader mind than is evident in the present case,” the court suggested.
The court ordered the reinstatement of the originally issued caste certificate in favor of the petitioner with immediate effect and quashed the measure taken by the authorities as it appeared arbitrary and based on guesswork and conjecture without any material facts to the support.