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2015 DIGILAW 3634 (MAD)

Stephen Doss v. District Collector

2015-11-20

N.KIRUBAKARAN, V.RAMASUBRAMANIAN

body2015
ORDER : 1. The petitioner who is an active member and a subscriber of Purathakudi Parish Church, has come up with the above writ petition seeking the issue of a writ of mandamus to direct the respondents 1 to 5 to ensure the admission of representatives of Dalit Christians in the Parish Council, to collect contributions from the Dalit Christians for all the festivals, to take St. Saveriyar flag on 24th November and St. Saveriyar Car (Sapram) on 2nd December during Easter festival, through the streets where Dalits are living namely, North Sebastiyar Street, South Sebastiyar Street and Theradi street. Heard Mr. G. Bhagavath Singh, learned counsel for the petitioner, Mr. N. Manoharan, learned Special Government Pleader for the respondents 1, 2 and 5, Mr. R. Anand, learned counsel for the sixth respondent and Mr. N. Anandakumar, learned counsel for the respondents 3 and 4. 2. It appears that the St. Saveriyar Church, also known as Purathakudi Parish Church located in Purathakudi Village of Mannachanallur Taluk, was constructed more than 300 years ago. The Church was constructed by the Great Tamil Scholar Veeramamunivar who was originally known as Beschi. 3. The village of Purathakudi has a Christian population of about 3,000. Though Christianity by itself does not recognise castes, it is stated by the parties before us that the Christian population of the village, comprises of people belonging to various castes. 4. The said Church namely St. Saveriyar Church is administered by the Parish Priest who is the fourth respondent herein, in accordance with the Canon law. The activities of the Church are supervised by the Bishop of the Catholic Diocese of Kumbakonam who is the third respondent herein. 5. It appears that during Easter season, the devotees who are members of the Parish Church, take out the flag in a procession, conduct of car festival and also hold cultural events, in an open auditorium outside the precincts of the Church. According to the petitioner, the Dalit Christians of the village are not allowed to take part in these celebrations and that neither the flag procession nor the car procession is taken through the streets in which, Dalit Christians live. 6. According to the petitioner, the Dalit Christians of the village are not allowed to take part in these celebrations and that neither the flag procession nor the car procession is taken through the streets in which, Dalit Christians live. 6. Therefore, claiming that the refusal of the persons in-charge of the conduct of these festivals to allow an effective participation of the Dalit community in these festivals amounted to the practice of untouchability abolished by Article 17 of the Constitution, the petitioner came up with the above writ petition. The writ petition was admitted on 17.11.2014. At that time, the season for the conduct of the festivals was approaching. Therefore, the petitioner also sought an interim order at that time, when the writ petition was admitted. 7. On 21.11.2014, a Division Bench of this Court passed an order directing the District Collector and Superintendent of Police to convene a meeting on the basis of the representation given by the petitioner and to take appropriate action. But it appears that nothing fruitful happened after the said order. Therefore, on the anvil of the current year celebrations, the petitioner has sought an early hearing of the writ petition and hence it was taken up for hearing. 8. The only grievance of the petitioner is that though they are members of the fourth respondent Church and though they pay subscription regularly to the Church, the flag march as well as the car is not taken through the streets in which Dalit Christians live. No contribution is also taken from the Dalit Christians for the conduct of the festival during Easter season. Therefore, the grievance of the petitioner is that the same amounted to the practice of untouchability. 9. The Parish Priest has filed a counter affidavit. In the counter affidavit, the Parish Priest has claimed that his duty is confined only to the performance of sacrament and sacramental, namely blessings and the administration of temporal goods. The Parish Priest has claimed that if a group of people who are members of the Church claim to do certain things as per the traditions and customs of the village, he has got no authority to interfere in the same. The Parish Priest has claimed that if a group of people who are members of the Church claim to do certain things as per the traditions and customs of the village, he has got no authority to interfere in the same. In paragraph - 7 of the counter affidavit, the Parish Priest has claimed that though the Church by itself does not follow any caste system, three chapels have been constructed in the streets where Dalit Christians live and that he goes to those chapels whenever he is invited for performing the mass and blessings as per Canon law. 10. It is further stated that the Church administration is not collecting any festival tax with regard to annual festivals from people belonging to any community. It is his contention that as per Canon 5(2) of Canon law, 1983, Customs, apart from the law, whether universal or particular, which have been in effect hitherto, are retained. 11. The sum and substance of the stand taken by the Parish Priest is that beyond respecting what a few people claim to be part of the tradition and customary rites, he would have no role to play. It is his further contention that he will not be competent to interfere in such matters. 12. The newly impleaded sixth respondent has not filed an independent counter affidavit, but has requested the affidavit filed by him along with impleading petition to be treated as the counter affidavit. In the said affidavit, the sixth respondent has taken a stand that during November, the villagers used to conduct a car festival for a continuous period of ten days. On the first day, they used to hoist a flag. On the 9th day, a small car procession (Saparam) would be taken. In the car, people used to take the statues of St. Joseph, St. Xavier and St. Mary. According to the sixth respondent, the schedule as well as route through which the car would go, is decided by the prominent people who are in-charge of the conduct of the festival. 13. It is further stated in the affidavit of the sixth respondent that when there was an interruption by some third parties in the year 2006, they filed a civil suit in O.S. No. 105 of 2006 before the Civil Court. Suit was decreed ex parte on 04.03.2011. 14. 13. It is further stated in the affidavit of the sixth respondent that when there was an interruption by some third parties in the year 2006, they filed a civil suit in O.S. No. 105 of 2006 before the Civil Court. Suit was decreed ex parte on 04.03.2011. 14. In sum and substance, the counter affidavit of the sixth respondent is to the effect that the flag as well as the car are taken through the routes which are traditionally approved and that no new practice of taking them through other streets could be introduced for the first time. 15. We have carefully considered the rival submissions. 16. Though the fourth respondent has actually distanced himself from this controversy for obvious reasons, it is to be pointed out that the car as well as statues which are taken in the car are actually kept inside the church premises. Though the car is claimed to be the property of the village people represented by the sixth respondent, the statues certainly belong to the Church. The invitation for these festivals are obviously printed with the blessings of the fourth respondent. Therefore, if the invitations for the festival become invitations of trouble, the fourth respondent cannot completely distance himself. But his predicament is understandable. 17. The fourth respondent who appeared before us in person submitted that he attempted to talk to everyone of the villagers belonging to both groups and that he could not bring about a reconciliation. Therefore, he has chosen the only option now available to him, namely, leaving it to the Court to take a decision. 18. From the stand taken by the sixth respondent, it is clear that one group of people are not willing to allow the flag as well as the car to be taken through the streets in which Dalit Christians live. The sixth respondent and the group of people whom he represents may put it in a sophisticated language calling it as part of tradition and customary practice. But behind the veil of such a sophisticated language, lies the real practice of untouchability which cannot be permitted in the light of the constitutional mandate. 19. The sixth respondent and the group of people whom he represents may put it in a sophisticated language calling it as part of tradition and customary practice. But behind the veil of such a sophisticated language, lies the real practice of untouchability which cannot be permitted in the light of the constitutional mandate. 19. In one of the earliest cases to come up before this court in Kattalai Michael Pillai and Others vs. Right Reverend M. Barthe S.J. (1916) 1 MLJ 423 : LNIND 1916 MAD 35, a Division Bench of this Court was concerned with a fight between people belonging to Vellalar Community and Nadar Community. Though all of them were Roman Catholics, one section claimed to be high caste Christians and they sought to prevent the so-called low caste Christians from entering upon or occupying a portion of the Church premises, where they claimed to have the exclusive right of being seated and of partaking in the ceremonies conducted there. The so-called high caste Christians claimed that even if seats were vacant on the side that was allotted to them, the other Christians belonging to the so-called lower castes could not be accommodated there. Terming the practice sought to be adopted in that case, which is almost similar to the practice sought to be adopted in this case, as an attempt to preventing pollution, the Division Bench of this Court observed as follows:- "Now injury by pollution to lawful worshippers in a Hindu temple or to the image in the temple through the presence of people belonging to castes below the fourth caste (Known as polluting castes) is a matter of "mixed spiritual and temporal character." But the sentiment of pollution in a Christian Church indulged in by so-called caste Christians is neither spiritual nor temporal injury and it seems to me rather brazen to ask a Civil Court to recognize it as a legal injury giving rise to a civil cause of action. The bad usage, never accepted as lawful or invariable by the Shanars, by which in this Church finished about 40 years ago, they have been usually confined to the northern wing cannot be recognised as a reasonable custom having the force of law. The bad usage, never accepted as lawful or invariable by the Shanars, by which in this Church finished about 40 years ago, they have been usually confined to the northern wing cannot be recognised as a reasonable custom having the force of law. "Justice and Truth with Custom's hydra brood Wage silent war." And custom, though not reasonable, sometimes wins in Courts of justice when buttressed (as in the case of many Hindu customs) by theological writings whether genuine or spurious. The usage relied on by the appellants in this case cannot make a shadow of claim to even such theological buttressing up and Mr. Rangachariar's attempts to quote one or two ancient Roman Catholic Ecclesiastics in favour of his clients failed utterly. I find also that there are references in the documents to other castes who have been sitting in the southern and northern wings respectively as they belonged respectively to the touchable castes like the plaintiffs or the non-touchable castes like the Shanars. The plaintiffs cannot invoke (like the Hindus) the sanction of accepted sacredotal texts (whether genuine or spurious) for perpetuating the distinction (and that, in God's House) between human beings during a particular life period by reason solely of birth as touchables and untouchables. While even among Hindus the strength of this distinction and of the alleged religious sanction therefor is according to competent authorities being weakened in these days through the effects of several unifying causes, it is difficult for one to sympathise with the efforts of so-called caste Christians to obtain legal sanction for alleged customs among them tending in the opposite direction." 20. In Board of Trustees of Arulmigu Poottai Mariamman Temple vs. Revenue Divisional Officer, (2010) 4 MLJ 1077 : LNIND 2009 MAD 4979, a similar argument was advanced by one group of people claiming that one of the main festivals of the temple was the annual car festival and that the same was performed strictly as per the custom. In that case, it was claimed that the temple car was taken normally through the customary route and that the same had actually become a chartered route. When a claim was made that the car should be taken through certain other streets where Dalits live, the claim led to a law and order problem. Therefore, the Revenue Divisional Officer called for a peace committee meeting. When a claim was made that the car should be taken through certain other streets where Dalits live, the claim led to a law and order problem. Therefore, the Revenue Divisional Officer called for a peace committee meeting. In the peace committee meeting, the Revenue Divisional Officer prohibited the car festival itself and directed the constitution of a committee. 21. Challenging the order of the Revenue Divisional Officer, a writ petition was filed by the President of the temple. A direction was also sought to the Revenue Divisional Officer not to interfere with the religious and customary rights of persons in the performance of the annual temple car festival as per the tradition and practice. When the said writ petition came up before this court, a learned Judge of this Court pointed out that in the absence of any established custom or right, there is no scope for the trustees to assert a right of taking the temple car only through a particular route, thereby denying the right of the colony Dalits from worshipping the deity in the colony itself. As a matter of fact, the learned Judge in his decision reported in Board of Trustees of Arulmighu Poottai Mariamman Temple v. Revenue Divisional Officer (supra) referred to two decisions of other Division Benches of this Court, one in Puthiya Tamilagam vs. State of Tamil Nadu, (2005) 3 L.W. 140 : LNIND 2005 MAD 1742 and another in G. Krishnan and Others v. Union of India. 22. Therefore, the stand taken by the sixth respondent in this age and in the light of the constitutional provisions cannot be accepted. The sketch furnished by the learned counsel for the petitioner shows that the streets through which the petitioner wants the flag and the car to go, are lesser in length and also located near the place where the Church itself is situate. We can understand at least if logistically there was some difficulty in taking the flag and the car through the streets where the petitioner claims that the car and the flag should be taken. But the sketch shows that the flag and the car are normally taken through streets that are located far beyond the streets where the Dalit Christians live. 23. But the sketch shows that the flag and the car are normally taken through streets that are located far beyond the streets where the Dalit Christians live. 23. As a matter of fact, the learned counsel for the petitioner brought to our notice an Action Plan proposed by the Tamil Nadu Bishop Council for the Integrated Development of Catholic Dalits in Tamil Nadu. 24. In the light of the above, the writ petition is allowed directing the official machinery namely, the Revenue and the Police, to ensure that the flag as well as the car are also taken through the streets namely, North Sebastiyar Street, South Sebastiyar Street and Theradi streets on the days on which the festivals are scheduled to be held. The Dalit Christians shall also be permitted to take part in the cultural event in the auditorium located near the church. Mr. R. Anand, learned counsel for the sixth respondent submitted that armed with this order the petitioner and others should not deprive the participation of the sixth respondent and should not take away the flag as well as the car from them. However, the learned counsel for the petitioner submitted that all that they want is that the flag and the car should pass through their streets and nothing more. Therefore, this apprehension is not real. No costs. Connected MP (MD) No. 1 of 2014 is closed..