The Madras High Court has raised critical concerns regarding the legal validity of caste-based associations and their registration under the Tamil Nadu Societies Registration Act and the Societies Registration Act.

Justice D. Bharatha Chakravarthy’s bench observed that such associations inherently reinforce caste identities, contradicting the constitutional aspiration of a casteless society.

The case involves a writ petition filed by the South Indian Senguntha Mahajana Sangam, challenging certain government orders affecting its operations. The petitioners contended that these orders conflicted with prior civil court rulings, necessitating judicial intervention.

While hearing the matter, the court noted that the issue extended beyond the petitioner’s specific grievances. It questioned whether associations explicitly formed in the name of a caste, with bylaws restricting membership to that caste, could be legally registered.

The court also expressed concerns over such organizations running educational institutions under caste-based names, highlighting broader implications for social equity and inclusivity.

"Although every citizen has the right to form an association under Article 19 of the Constitution, and individuals from a particular caste can establish an association, the key question remains—can such associations be named after a caste and aim to perpetuate it?" the bench remarked.

Referring to the Supreme Court’s 2008 ruling in Ashoka Kumar Thakur v. Union of India, which underscored the Constitution’s vision of a caste-free society, the bench warned that registering caste-based associations might undermine this objective.

The court also pointed out an irony in the education sector, where caste-based organizations operate schools and colleges under caste-specific names, while teachers in those institutions educate students against caste divisions.

Recognizing the wider implications of the issue, the court sought the Tamil Nadu government’s stance on the legality of caste-based societies and their registration. "Both sides will have the opportunity to address the larger question," the court stated.

In the meantime, the court issued a notice of motion and directed that the status quo be maintained until further orders.

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