Benefits provided by State on caste lines also lead to ‘caste ferocity’ in society: judge

Justice Anita Sumanth of the Madras High Court, in her observations in the case pertaining to sanatana dharma row, said that the ancient varna dharma propounded caste divisions only on the basis of avocation and not birth, and emphasised that prevalent caste inequities must be eradicated

In a key observation, Justice Anita Sumanth of the Madras High Court has contended that the ferocity shown by the people on grounds of caste is also because of the benefits accorded by the State to different caste groups and, therefore, the blame cannot be laid entirely on the ancient varna dharma (division based on caste) propounded by the Rig Veda.

She made the observation while disposing of quo warranto pleas against Minister for Youth Welfare and Sports Development Udhayanidhi Stalin, Minister for Hindu Religious and Charitable Endowments P.K. Sekarbabu and the Nilgiris MP A. Raja over the sanatana dharma row.

Lamenting that divisions based on caste were deeply entrenched in the

State though the present day caste system prevalent in society was less than a centuryold, the judge rued that “individuals” were seen to be fanning casteist passions, which was not in the interests of the State or its people.

Wrongly equated

The judge held that the three legislators had attacked sanatana dharma

(eternal principles followed by Hindus) by wrongly equating it with varna dharma. She said that the latter divided people solely on the basis of their avocation and not by birth, as 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 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 were inequities based on caste in the presentday society, and they had to be eschewed and eliminated using the entire might of the State, the judge reiterated: “The origins of caste system, as we know it today, are less than a centuryold.”

Tamil Nadu, at present, has 370 registered castes and is witnessing a cacophony of pulls and pressures by groups of persons claiming allegiance to one caste or the other, she said, adding: “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 judge observed.

She further said: “If the leaders in a State wish to lead an egalitarian land, sharing resources equally 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.”

‘Severe ravages’

The judge said that it was a matter of record that there had been severe ravages by fellowmen, at differing points in time and in different sections of society, all in the name of supremacy and domination of caste, and response to a perceived domination by certain 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 revisiting past events that have been the source of pain, trauma and deep sadness to sections of people,” she added.

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 chief avocations were identified based on the then needs of society...

JUSTICE ANITA SUMANTH Madras High Court

‘Damage control’

The judge, however, recorded her observation that such events must 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 advised lawmakers.