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Madras High Court refuses to entertain PIL against Aryan-Dravidian theory; leaves it to NCERT

The Court directed the National Council of Educational Research and Training (NCERT) to consider the petition as a representation and address the grievances raised by the petitioner.

Ayesha Arvind

The Madras High Court recently refused to examine a public interest litigation (PIL) petition seeking directions to the State and the Union governments to stop propagating the Aryan-Dravidian theory in educational institutions.

In an order passed on October 24, a bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy said that judges are not experts on the history of origin of races and it is an issue which is best left for examination by experts.

Hence, it directed the National Council of Educational Research and Training (NCERT) to consider the petition as a representation and address the grievances raised by the petitioner.

The Court added that it was not inclined to make any observations on the merits of the contentions made in the petition.

Chief Justice KR Sriram and Justice Senthilkumar Ramamoorthy

“The court is not an expert in history or the origin of races. The relief requested for by the petitioner cannot be granted by this court without examining and deciding whether the two-race theory, which the petitioner claims to be false, is valid or invalid. It is appropriate that this determination be made by experts in the field, and not by the court. 6. Consequently, without examining or making any observations on the merits of the assertions made in the petition, we direct respondents 2 (NCERT) and 5 to treat the writ petition as a representation sent to them,” the High Court said.

The PIL petition was filed by one Mahalingam Balaji who claimed that the Aryan-Dravidian theory was completely false and that its propagation was promoting divisiveness.

Mahalingam Balaji appeared in person.

Deputy Solicitor General Rajesh Vivekananthan appeared for the Union government and the NCERT.

Additional Advocate General J Ravindran,  Additional Government Pleader Maithily, State Government Pleader A Edwin Prabakar and Government Advocate TK Saravanan appeared for the respondent-State.

[Read Order]

Mahalingam Balaji vs The Secretary.pdf
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