The controversy over the TNCA Club denying entry to a sitting judge and two advocates for coming to a function here in dhoti came up before the Madras High Court on Wednesday.
A city advocate has filed a public interest litigation petition for a directive to the State government to regulate the functioning of clubs in the State.
He also wanted the government to suspend the licence of the club in question.
In the petition, S. Karthik of Chromepet said the judge (Justice D. Hariparanthaman) and two senior advocates went to the TNCA Club on July 11 for a book release function.
Newspapers reported that the three were refused entry into the function hall as they were attired in dhoti, a traditional dress. The action was against the fundamental rights and against the civil and cultural rights of Tamils. Clubs could not frame rules or regulations prescribing the dress code, which were without any legal sanctity.
Insignia of heritage
Dhoti was a traditional dress and the insignia of Indian heritage.
The tradition of wearing dhoti was being followed since time immemorial, the petitioner said.
Mr. Karthik submitted that the rules framed by clubs infringed on the fundamental rights of individuals and they were illegal.
The club’s action of framing rules that were discriminatory in restricting a person solely on grounds of his personal attire was liable to be struck down since discrimination in any form could not be allowed to be practised in India. When the matter came up before the First Bench of the Acting Chief Justice, Satish K. Agnihotri, and Justice M.M. Sundresh, Mr. Justice Agnihotri asked counsel how the petition was maintainable.
Counsel said the club’s action amounted to violation of fundamental rights. The ACJ observed that the association was a private body and it had framed the rules.
Issue raised in House
He wanted to know how it would affect the rights. When counsel pointed out that the matter was raised in the Assembly, he said the legislature was the competent authority to look into the matter.
The Bench later ordered that the petition be posted before some other Division Bench where Justice M.M. Sundresh was not a party.
Dhoti is a traditional dress and the insignia of Indian heritage: petitioner
Legislature is the competent authority to look into the matter: Acting CJ
