P Balasubramaniyam who lost his job in 2005, says he cannot afford a lawyer for the legal battle.
A 54-year-old Dalit man in Tamil Nadu is fighting for a provision to argue in court over his minor sons who were denied community certificates. One of them wants to join an engineering college for which the certificate is crucial.
Currently, the law allows any individual, even a non-lawyer, to argue for their case. However, non-lawyers cannot represent others.
P Balasubramaniyam, who lost his job in 2005, says he cannot afford a lawyer for the legal battle. So he wanted to appear in the Madurai bench of the Madras High Court, but his petition was turned down.
The order says non-advocates cannot appear for others. It also explains, "They might be children. The petitioner cannot appear and sue in his name on their behalf. The petitioner should be the one who applied for community certificate."
However, Mr Balasubramaniyam says, "As a parent it was me who applied for community certificate and I must be entitled to argue myself. My minor children don't know anything. I've to protect my children's right for life and their human rights."
Senior lawyers believe this unique case merits a re-look. C Rajashekaran, Advocate in the Madras High Court, says, "The honourable high court may or shall take a different view this being a peculiar case. We will have to wait and watch."
Back home in Tiruchirappalli, time is running out for his son B Kanagasababathy who may lose a year. Without a community certificate, he wouldn't qualify for free education available for Dalits. The worried young student says, "I would have no future without a community certificate. We can't afford to pay high fees in engineering college."
Mr Balasubramaniyam has a law degree but he hasn't registered with the bar council. He is now trying to enroll himself so that he could appear as a private pleader for his sons.
Many say it is time to change the rule on at least non-lawyers appearing for minor children.