Madras HC decries discrimination against SC communities forced to wait for water at public taps. The Court affirmed clean water as a fundamental right and urged swift, silent action from authorities.
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MADRAS: In a landmark order dated 14th July 2025, the Madurai Bench of the Madras High Court, under the Hon’ble Dr. Justice R.N. Manjula, delivered a decision in CRL MP(MD) No. 8288 of 2025 in CRL A(MD) No. 712 of 2025.
While the court allowed bail and suspended the sentence of the petitioner Thirumalaisamy, it expressed concern over the continued oppression of Scheduled Caste communities, especially in the matter of accessing something as basic as water.
Background
The case arises from a deeply troubling incident that occurred in December 2016 in Thalaivankottai village, Tenkasi District, Tamil Nadu.
The petitioner, Thirumalaisamy, was accused of hurling caste based abuses and issuing death threats to two individuals from the Scheduled Caste community while they were working in their farmland.
He was charged under multiple provisions of the SC/ST (Prevention of Atrocities) Act, 1989, along with Section 506(i) IPC and the Tamil Nadu Prohibition of Harassment of Women Act.
After trial, the Sessions Court convicted him under Section 3(1)(r) of the SC/ST Act and sentenced him to one year of rigorous imprisonment. The conviction led to an appeal and the present bail petition before the Madurai Bench of the Madras High Court.
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Court’s Observation
In the order, the Hon’ble Dr. Justice R.N. Manjula of the Madurai Bench of the Madras High Court observed that the conviction under Section 3(1)(r) of the SC/ST Act was questionable, as the alleged incident did not take place in “public view”, which is a necessary ingredient for the offence.
The Court noted that while the accused was acquitted under Sections 3(1)(s) of the SC/ST Act and 506(2) IPC, a different and inconsistent interpretation was applied for Section 3(1)(r), which raised substantial grounds for appeal.
“Even the offence under Section 3(1)(r) of SC/ST Act should have been committed in the public view, but a different interpretation has been made by the trial Court in respect of the offence under Section 3(1)(r) of SC/ST Act, though the appellant has been acquitted under Section 506(2) IPC.”
More importantly, the Court was moved by the oral grievance of the 65-year-old de facto complainant, who spoke about the caste-based discrimination faced by her community in accessing water from a public tap.
Justice Manjula, while granting bail, did not avoid confronting the social reality of such oppression. She observed that it is disheartening and unacceptable that in this scientific age, Scheduled Caste individuals must wait for other communities to fulfill their water needs before they can access a basic necessity.
“It is surprising and pathetic to note in this scientific age that some communities need to compete with other communities and stand second to get their share from the resources dedicated to the public good. Is not the human race one Community?”
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Reiterating that access to safe and adequate drinking water is a fundamental right under Article 21, the Court emphasized that democracy ensures the rule of law and not the rule of the mighty. The Court directed the District Collector of Tenkasi to take immediate steps to provide sufficient water tap connections for all communities and ensure that no community claims exclusive rights over any public water source.
“The entitlement to get uncontaminated good water is a facet of the right to life, and hence it is a fundamental right. No individual should be allowed to toil their whole life to get a hassle-free few piles of water and die without even enjoying this basic amenity.”
Case Title: Thirumalaisamy v State
CRL MP(MD) No. 8288 of 2025
READ ORDER HERE
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