Pathetic: Madras High Court on discrimination faced by SC community in accessing public tap water

The Madras High Court recently took a serious view of a submission that people belonging the Scheduled Caste (SC) community are often made to wait for water in Thalaivankottai village of Tenkasi until members of other communities collect it from the public tap.

Justice RN Manjula directed District Collector of Tenkasi to ensure that such discrimination does not take place and provide sufficient number of water tap connections, while making it clear those connections are for everyone’s use, irrespective of their community.

The Court also ordered the District Collector to make it clear that no one shall be allowed to take "unduly plenty of water" to the detriment or deprivation of the other or claim that any particular tap belongs to one particular community only.

"Natural resources like water is common to all. It is surprising and pathetic to note in this scientific age, that some communities needs to compete with the other communities and stand second in order to get their share from the resources dedicated to the public good. Is not the human race one Community? Though various legislations have been brought to protect the vulnerable sections from the oppressive lot who think they are superior and privileged, things at certain grass root level still remains the same," the Court observed.

The Court noted that eradicating class or caste-based mindsets from certain individuals is not an easy task and cannot be achieved quickly or effortlessly.

"But people in authority cannot be mute spectators and be indifferent to these tales. Being so, would amount to contributing or subscribing to these meanness of minds. Nor are they expected to do some stunts for a make belief that they are the best Samaritans and that they do something heroic. What is needed is some practical solution and noiseless action. Sometimes the serenity of action is lost in empty noises. Being aware and sensitive of these realities and do things which can be done in the best of the powers vested in the authorities is the need of the hour," the Court added.

The Court was hearing a petition filed by one Thirumalaisamy, who sought suspension of the sentence in a case under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

Last month, he was convicted and sentenced to one year of rigorous imprisonment along with a fine of ₹1,000.

According to the prosecution, on December 3, 2016, Thirumalaisamy had gone to the land where two individuals were engaged in agricultural work and allegedly hurled caste-based abuses at them and threatened to kill them.

However, the petitioner’s lawyer argued that the alleged abuse took place on private land and not in public view, a key requirement for prosecution under the SC/ST Act.

Despite this, the trial court convicted him under Section 3(1)(r) based on a different interpretation, it was argued.

The complainant, a 65-year-old woman, appeared in court and expressed concern that if the accused is released on bail, he might harass or intimidate her, especially since she has to pass by his house to fetch water from a public tap located there. However, the petitioner’s lawyer gave an undertaking that the accused would not approach, threaten or communicate with the woman in any way.

Considering that the trial court had already granted interim suspension of the sentence and the appeal was unlikely to be heard in the near future, the High Court allowed the suspension of the sentence of imprisonment.

However, the Court also took note of the complainant's submission that she was not able to get drinking water for her living without hassle.

"Democracy assures rule of law not the rule of the mighty. A fragile old woman of 65 years, laments before this Court that the days have not changed and they are still facing the oppression at the hands of other community even in the matter of sharing of the common resources like water. Water is the elixir of life, and no one can live without water. The entitlement to get uncontaminated good water is a visage of right to life and hence it is a fundamental right. No individual should be allowed to toil their whole of their life to get a hassle free few piles of water and die without even enjoying this basic amenity," it noted.

The matter will be heard next on July 31.

Senior Advocate V Kathirvelu and advocate K Prabhu appeared for the petitioner.

Advocate K Gnanasekaran appeared for the respondent.

[Read Order]