RAMACHANDRAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner (accused) was tried by the District Magistrate of Trivandrum for an offence punishable under S.5(b) of the Untouchability (Offences) Act -- Act 22 of 1955 -- (hereinafter referred to as the Act) and found guilty and sentenced to pay a fine of Rs. 101/-, in default to suffer simple imprisonment for one month. On appeal to the learned Sessions Judge of Trivandrum the conviction and sentence were confirmed. Aggrieved by the order the petitioner has now come up to this Court in revision.

(2.) The fact that the Harijan students were segregated and put into a separate class is well proved and is, in fact, not disputed. According to the accused these Harijan students were put into a separate class with the best of intentions to give them better coaching and raise their standard of education and to secure better results in the examination and not to perpetuate untouchability. The accused thereby tries to justify the segregation on the ground that those students were intellectually deficient in comparison with the other students. The evidence of Pws. 3 and 5 and the documentary evidence produced in the case have demonstrated the hollowness of this claim. It is seen from the mark list produced in the case that both pws. 3 and 5, the two Harijan students of the 'F division' have secured better marks than several of the non Harijan students. It is proved that among the pupils segregated there were some who were intellectually very precocious than at least a few others who continued to be in the regular divisions. In the regular divisions there were some who were intellectually more deficient than these Harijans who were segregated. If, therefore, the object was to give better tuition for the weak students certainly some of the non Harijan students who had faired badly in the examination ought to have been put into this special division.

(3.) Now the question that arises for decision is whether the formation of a separate division exclusively for Harijan students is a discriminatory act against those students coming within the mischief of S.5(b) of the Act. What is meant by the word 'discrimination' has not been defined in the Act. One of the meanings given to this word in Concise Oxford Dictionary is, observance of a difference between, or making a distinction etc. In essence, therefore, any denial of equal treatment amounts to discrimination.