By Matters India Reporter
Chennai, August 20, 2019: Madras High Court judge Justice S Vaidyanathan on August 20 withdrew his controversial observation that co-education in Christian institutes was “highly unsafe” for the future of girl children.
The judge made the observation on August 16 while refusing to quash a show-cause notice issued to a Madras Christian College assistant professor facing sexual harassment charge from at least 34 girl students pursuing third-year Zoology course at the college.
“There is a general feeling among parents of students, especially female students, that co-educational study in Christian institutions is highly unsafe for the future of their children,” Justice Vaidyanathan had said in his order dismissing the plea of Samuel Tennyson.
The judge had also said that Christian missionaries always came under attack for one issue or the other.
“In the present era, there are several accusations against them for indulging in compulsory conversion of people of other religions into Christianity… Though they impart good education, their preaching of morality will be a million dollar question,” Justice Vaidyanathan had added.
Christian organizations, including the Tamil Nadu Bishops Council (TNBC), and various sections of society had expressed concern over the judge’s observation.
“First of all, the case is not in any way connected with the question of religious conversion. Therefore, the said observation on religious conversion was unwarranted,” said TNBC president Archbishop Antony Pappusamy of Madurai.
Regarding the observation about female students being unsafe, the archbishop said, “We wonder what the material and data placed before the honorable judge were, that led him to render such a finding. As such, from a cursory reading of the factual matrix in that particular case, we do not find any institutional material warranting such an observation.”
When the case came up on August 20, a mention was made by John Jackria, counsel for the Madras Christian College, seeking withdrawal of the controversial observation.
The judge, who acceded to the mention, said he was withdrawing para 32 of the order.
Two days earlier, the National Commission for Minorities protested judge’s statement. Commission vice chairperson George Kurian said the court’s statement caused dismay and pain to the members of the Christian community.
Stating that it was wrong to generalize a community for the actions of some individuals, Kurian said, “Nowhere in the Constitution or IPC is it mentioned that the religion of an accused or a petitioner should be considered while hearing a case.”
The All India Democratic Women’s Association (AIDWA) and the Indian Christian Association of Tamil Nadu too had expressed concern over the judge’s remarks.
In a statement, AIDWA Tamil Nadu president S. Valentina said that when the words from a judge could become a law, the baseless accusations of the judge could have a serious impact on the welfare of minorities in the current socio-political climate.
“A judge could have a particular view on a subject or could adhere to a specific political ideology. But when the judge is delivering justice, the judge should be impartial and wear the glasses of the Indian Constitution,” she said and demanded the withdrawal of the comments.
The Indian Christian Association of Tamil Nadu said it was deeply hurt by the judge’s remarks.
“The sweeping statement that there is a general feeling among parents that co-educational study in Christian institutions is highly unsafe for the future of their children, especially female students, is based on conjectures and surmises, and the comments [should] be expunged from the judgment,” said association president Ravi Santosham.
“The judge’s statement about compulsory conversions is baseless and totally irrelevant to the merits of the case.”