Can Caste-Based Societies Be Registered? Madras HC Seeks TN Govt's response

The Madras High Court has raised fundamental questions regarding the legal standing of caste-based associations and their registration under the Tamil Nadu Societies Registration Act or the Societies Registration Act.

The bench of Justice D. Bharatha Chakravarthy observed that such associations, by their very nature, could be seen as perpetuating caste identities, which runs contrary to the constitutional vision of a casteless society.

The case pertains to a writ petition filed by the South Indian Senguntha Mahajana Sangam, which challenged certain government orders impacting its operations. The petitioners argued that the state’s actions were in direct conflict with prior orders issued by a civil court, warranting judicial intervention.

The high court, while hearing the matter, noted that the issue extended beyond the specific grievances of the petitioner. It questioned whether associations formed explicitly in the name of a caste, with bylaws restricting membership to individuals of that caste, could be legally registered at all.

Court also highlighted concerns over such organizations running educational institutions under caste-based names, raising broader implications for social equity and inclusivity.

“Even though every citizen of India has the right to form an association under Article 19 of the Constitution of India and even persons belonging to a particular caste can form an association, the question remains whether the association can be formed in the caste’s name and whether its goal can be to perpetuate the caste,” the bench remarked.

It referred to the Supreme Court’s 2008 judgment in Ashoka Kumar Thakur v. Union of India, which emphasized that the Indian Constitution envisions a society free from caste divisions. The bench expressed concern that allowing the registration of caste-based associations could be at odds with this constitutional goal.

Court also pointed out an irony in the education sector, where some caste-based associations operate schools and colleges under names that prominently feature caste identities and then the teachers teach children that caste should not exist

Court, therefore, opined that the matter expanded beyond the immediate dispute as mentioned in the writ petition at hand and sought the Tamil Nadu government’s stand on the broader issue of caste-based societies and their registration. "Both sides will be entitled to address the larger question also," court ordered.

Meanwhile, the court has issued a notice of motion and directed that the status quo be maintained in the matter at hand until further orders.

Case Title: South Indian Senguntha Mahajana Sangam vs. The State Of Tamil Nadu