Lawfully yours: Laws exist against untouchability, but social change still faces resistance
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
Retd Justice K Chandru
Amidst judicial activism on temple entry rights for all, caste Hindu groups are opposing such enforcement of Constitutional guarantees. Despite strong words used by the judiciary, terming caste as man-made, sections of the society practising oppression aren’t ready to yield, and law enforcement authorities shy away, citing potential law and order issues. In this context, how much can legal awareness help in implementing such social reforms, explaining to communities that claim dominance that such kinds of discrimination can’t be sustained in the 21st century, especially in the backdrop of judicial activism and the free flow of information ensured by social media?
-- N Maragatham, Teynampet, Chennai
While Articles 17 and 15 of the Indian Constitution address the abolition of untouchability and discrimination, respectively, it's important to acknowledge that societal change requires more than just legal pronouncements. Besides the Temple Entry Act, which specifically addresses access to religious places, there are two other significant pieces of legislation to penalise social discrimination: the Protection of Civil Rights Act, 1955 (formerly the Untouchability (Offences) Act, 1955), and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. These laws aim to combat various forms of social discrimination and violence, particularly those based on caste.
In spite of all this, if a section of our people still believes in such observance over several decades, then there is something wrong with our psychic process. When Mahatma Gandhi challenged the orthodox Hindu view, questioning whether any traditional Hindu scriptures (Dharmashastras) permit such discrimination, the reply was that there may not be scriptural sanction, but there is something called customary practice.
It is high time we educate our children from the school stage itself and make them believers of our Constitutional values.
House tax revised on wrong parameters? Appeal to tribunal or civic body before moving court
I own a flat which I purchased in 1969. The original assessment number of the property was changed by the Corporation following a delimitation exercise. This again was changed. Very recently, the assessment number was changed again after I reported the clubbing of the property to a different ward.
As I paid tax in respect of these annulled assessment numbers for the very same property, does it not amount to wrongful collection of tax? Hence, should it not be refunded to me, given that a new assessment number has now been assigned? Please advise.
-- S Kamala
If your house tax has been revised on the wrong parameters, you can appeal to the Taxation Tribunal. Else, you can send a representation to the Greater Chennai Corporation or the civic body concerned and later move the High Court with a writ petition seeking cancellation of the wrong assessment.