Do Dalits need permission to take water even after 75 years of independence? Madras High Court tells the bitter truth of the country!
Madras High Court took a tough stand on caste discrimination and directed the Tenkasi administration to ensure equitable distribution of water and prevent injustice to Dalits.
Published on: 17 Jul 2025, 5:32 pm
Chennai: The Madras High Court has taken strong exception to the discrimination being faced by the Scheduled Caste community in drawing water from public water sources, saying it is “shocking and sad even in the scientific age” that some communities still have to wait for their entitlement to water.
Justice R N Manjula said it was unfortunate that even today certain communities get access to public resources after others, even though the Constitution and the law provide equal rights to all citizens.
The court said, “Natural resources like water are for everyone. It is very shocking that even in today’s scientific age, some communities have to wait for their turn. Are we not all part of the same human society?”
‘The administration cannot remain a silent spectator’
The High Court made it clear that even though it is not easy to root out caste and class based mentality, those who are in power and administrative responsibility cannot remain silent spectators.
The court said, “If the people in the administration remain silent on these incidents, they will also be considered partners in this narrow mindset. We need practical and peaceful action, not show-off.”
Describing water as the “nectar of life”, the court said no citizen, particularly elderly women, should have to struggle for drinking water throughout their lives.
Details of the case
The observations were made while the court was hearing a petition filed by a man named Thirumalaisamy, who had sought suspension of the sentence awarded to him by the District Sessions Court, Tenkasi, and grant of bail.
Thirumalaisamy was found guilty under Section 3(1)(r) of the Scheduled Castes/Tribes (Prevention of Atrocities) Act for using caste-related slurs and threatening to kill two farm workers on December 3, 2016. He was sentenced to one year rigorous imprisonment and a fine of ₹1,000.
The petitioner argued that since the incident did not take place in public view, the sections of the Act were not applicable. The complainant (a 65-year-old woman) objected and said that if Thirumalaisamy was granted bail, she would face inconvenience and fear even in fetching water as he had to pass near her house.
Thirumalaisamy assured the court that he would not appear before the complainant or make any threats or gestures.
The court, noting that the hearing of the appeal is not possible soon and the petitioner has promised not to pose any threat, granted him bail and suspended his sentence. The court also directed the petitioner to appear in court every month.
Court’s instructions to end discrimination
During the hearing, the court also mentioned that the 65-year-old complainant is facing a lot of difficulties in getting drinking water. On this, the court directed the District Collector of Tenkasi that there should be no discrimination in water distribution on the basis of caste in the village.
The Court gave the following orders to the authorities:
- Adequate water connection and water supply should be ensured in all streets.
- No community should be given priority in water distribution.
- No individual or group should take excessive quantity of water which may cause difficulty to others.
The court clarified that all citizens have equal rights on public property like water and it is the responsibility of the administration to protect this right.
