"The true function of law consists in repairing the faults in society. Unfortunately ancient societies never dared to assume the function of repairing their own defects; consequently they decayed. This country has seen the conflict between ecclesiastical law and secular law long before Europeans sought to challenge the authority of the Pope. Kautilya's Arthshastra lays down the foundation of secular law. In India unfortunately ecclesiastical law triumphed over secular law. In my opinion this was the one of the greatest disasters in the country. The unprogressive nature of the Hindu society was due to the notion that the law cannot be changed".Babasheb. Dr.B.R.Ambedkar
High Court quashes Tahsildar's order.
Denial of origin status to a child based on the origin status of its father is certainly gender discrimination. It is in violation of Article 14 of the Constitution, the Madras High Court has said.
The court was allowing a petition by the mother of a girl seeking to quash an order of the Tahsildar, Olugarpet taluk, Puducherry and a consequent direction to the official to issue S.C. (origin) certificate to her daughter based on her residential status.
The petitioner D. Vijacoumary, a government school Headmistress, said she was a permanent resident of Puducherry. Her parents belonged to Puducherry by domicile as Hindu Adi Dravida community recognised as SC as per the Constitution (Pondicherry) Scheduled Caste Order. Her husband was a lecturer in the Education Department in Puducherry for the past 18 years. He also belonged to Adi Dravida community and was residing in Puducherry for the past 20 years. The petitioner said she submitted a representation in January 2007 to the Tahsildar, Olugarpet taluk, seeking issue of an SC certificate for her daughter, R. Arthi, based on her residential status. That was turned down by the official on February 19, 2007. Hence, the present petition.
The authorities submitted that a Union Government communication clarified that a Scheduled Caste/Tribe person who has migrated from the State of origin to some other State for purpose of seeking education, employment, etc., would be deemed to be SC/ST of the State of his origin and would be entitled to derive benefits from the State of origin and not from the State to which he had migrated.
In his order, Justice S. Tamilvanan said it was an admitted fact that both the petitioner and her husband were residing in Puducherry continuously. Both belonged to SC. The girl was a resident of Puducherry since her birth. The Tahsildar had denied the origin status claimed, though the girl was born in the Union Territory, on the ground that the origin status of the girl's father was not Puducherry.
Quoting decisions of the Supreme Court and the High Court, The Judge quashed the Tahsildar's order and directed the authorities to issue the certificate based on the petitioner's residential status and other relevant factors, within four weeks.
Source: The Hindu dated 06.09.10
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