Madras High Court has directed the Madras Bar Association (MBA) to pay ₹5 lakh in compensation after a lawyer was denied access to drinking water by another lawyer based on his non-membership status. The court deemed this act of discrimination as a breach of constitutional guarantees and a form of untouchability.

The incident occurred in 2012 when Senior Advocate late PH Pandian prevented R Neil Rashan, a junior lawyer and son of Senior Advocate Elephant G Rajendran, from drinking water at the MBA's office premises. Justice SM Subramaniam, in his order, described the incident as despicable and emphasized that discriminating against individuals based on class constitutes untouchability and violates constitutional rights.

Furthermore, the court instructed the MBA to distribute admission forms to all lawyers seeking membership, considering their applications without discrimination based on religious, social, or economic status. Justice Subramaniam also addressed allegations of elitism within the MBA and stated that while exclusive clubs based on intelligible differentia may exist, the MBA, being located within a public premises and funded by public money, cannot claim such rights.

The court emphasized that creating a separate class of lawyers within a public institution and utilizing public premises for exclusive purposes is impermissible and a violation of fundamental rights. It stressed that any lawyer entering the High Court premises should have access to the Association of their choice for membership or utilization of infrastructure facilities provided by public funds.

The case was filed by Elephant G Rajendran, who highlighted the incident of discrimination against his son. He argued that since the MBA office is located within the Madras High Court building, which is a public facility, no lawyer should be denied access to basic facilities such as drinking water, toilets, internet, and electricity, regardless of their membership status.

The MBA did not confirm the specific incident but acknowledged providing two drinking water containers for use by both members and non-members. They requested the court to close the case due to the petitioner's son's unfortunate death in an unrelated road accident and the passing of Senior Advocate PH Pandian, who was allegedly involved in the incident.

However, Justice Subramaniam emphasized that social issues persist beyond the individuals involved and ordered the MBA to pay ₹5 lakh in compensation to Rajendran. Additionally, the court directed the MBA to admit Senior Advocate A Mohandoss and advocate S Mahaveer Shivaji, whose membership applications had remained pending for several years, within a week of the court's order.

This ruling by the Madras High Court serves as a significant step towards eliminating discrimination within the legal profession and upholding the principles of equality and inclusivity.