The Madras HC Directs MBA To Compensate Rs 5 Lakhs To Lawyer, Who Was Obstructed From Accessing Water On The MBA's Office Premises

On Thursday, the Madras High Court issued a directive to the Madras Bar Association (MBA) to provide ₹5 lakhs as compensation in a case where a lawyer was obstructed from accessing water on the MBA's office premises by another lawyer. The reason cited for the denial was the non-membership of the former in the MBA.

Justice SM Subramaniam, in the order, passed on Thursday, mandated the MBA to pay the compensation amount to Senior Advocate Elephant G Rajendran. It was alleged that Rajendran's son, R Neil Rashan, a junior lawyer, was prevented from drinking water at the Association's office premises by the late Senior Advocate PH Pandian.

The Court deemed the incident, which occurred in 2012, as disgraceful. It recognized that discrimination based on social class should be considered akin to 'untouchability,' constituting a violation of constitutional guarantees.

Justice Subramaniam further instructed the MBA to distribute membership application forms to all lawyers interested in joining the association and to evaluate the applications without any form of discrimination based on religious, social, or economic status.

The judge also acknowledged allegations of elitism against the MBA and noted that while exclusive clubs could be formed based on valid distinctions, such privileges could not be claimed by an association like the MBA, which operated within public premises and utilized public funds to support its facilities.

During the court proceedings, the petitioner argued, his son Rashan retrieved a tumbler of water from the premises of the MBA, which is situated within the Madras High Court premises. However, before Rashan could drink from the tumbler, Senior Advocate Pandian noticed and forcefully took it away, asserting that Rashan was prohibited from accessing the association's water.

The petitioner emphasized that Rashan experienced deep hurt and humiliation as a result of this incident. Subsequently, Rajendran decided to file the current petition, shedding light on this unjust occurrence as well as other discriminatory practices and elitism prevalent at the MBA.

Furthermore, Rajendran argued that since the MBA office is located within the premises of the Madras HC, a public building, its infrastructure facilities such as drinking water, toilets, internet, and electricity are funded through public funds. Therefore, he contended that no lawyer, regardless of their membership status, should be denied access to these facilities.

The MBA did not officially confirm the accuracy of Rajendran's allegation regarding the mistreatment of his son. However, they stated that they had provided two drinking water containers over the years, which were accessible to both members and non-members.

The MBA requested the Court to dismiss the case, citing the unfortunate passing of Rashan in an unrelated road accident while the matter was still pending. Additionally, they mentioned that Senior Advocate PH Pandian, who was accused of denying Rashan access to drinking water, had also passed away.

However, Justice Subramaniam emphasized that social issues do not cease to exist with the demise of individuals. Consequently, the court ordered the MBA to compensate Rajendran with a sum of ₹5 lakhs.