The Madurai Bench of Madras HC has sought a clarification from the state government on whether caste or communal organisations be registered under the Tamil Nadu Societies Registration Act 1975. Justice GR Swaminathan raised the query in a petition filed by ‘Sivakasi Hindu Poorviga Agamudayar Uravinmurai Mahamai Fund Arakattalai’ in 2015, seeking a direction to cancel the registration of a rival organisation bearing an identical name.

The Madurai Bench of Madras HC has sought a clarification from the state government on whether caste or communal organisations be registered under the Tamil Nadu Societies Registration Act 1975. Justice GR Swaminathan raised the query in a petition filed by ‘Sivakasi Hindu Poorviga Agamudayar Uravinmurai Mahamai Fund Arakattalai’ in 2015, seeking a direction to cancel the registration of a rival organisation bearing an identical name.

The judge quoted Section 3(1) of the Act which states that subject to the provisions of Section (2), any society which has promotion of education, literature, science, and diffusion of useful knowledge as objectives with respect to subjects over which the State Legislature has the power to make laws, may be registered under this Act.

“Even the preamble of the Act states that it has been enacted to provide for the registration of literary, scientific, religious, charitable, and other societies in the State of Tamil Nadu,” the judge added.
However, bylaws of the petitioner-society indicated that it would work towards the development of the members of a particular caste group, he noted.

Observing that the constitution-makers envisaged a casteless society, he suo motu impleaded the Secretary of the Registration Department as a party in the case and asked the government to clarify whether an organisation, whose primary aim is to espouse the interests of a caste group, can be registered as society under the Act. The case was adjourned to August 4.