Allegation Of Caste Discrimination In Madras Bar Association Far-Fetched; Discrimination Doesn’t Flow From Membership Denial: Madras High Court
Case: The Secretary v Elephant G Rajendran and others
Coram: Justice S Vaidyanathan and Justice K Rajasekar
Case No.: WA 1354 of 2023
Court Observation: “The allegation of the Writ Petitioner that there is discrimination on the basis of caste in the Madras Bar Association is farfetched,”
Discrimination does not flow from denial of membership. Merely because Madras Bar Association is permitted to occupy a place inside the Madras High Court, it does not mean that the affairs of the Association can be controlled by the High Court, including grant or denial of membership, as it is an autonomous body and it has its own by-laws and any contravention in the application of by-laws has to be agitated in accordance with law. As already stated, Lawyers form a separate community. If they categorize themselves as belonging to Forward/ Backward/ Scheduled Caste/ Scheduled Tribe community, it only amounts to degrading their status rather than posing themselves that they are equal to everyone. Lawyers, as a whole, belong to a separate homogenous group called ‘Gentlemen’. However, it is unfortunate that the said homogeneous community is trying to use this Court to create a casteist atmosphere which is highly deprecated,
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