Madras High Court raps Customs for seizing Lankan woman’s ‘thaali’


Thaali is a necklace worn by married Hindu women. Pix: online


Chennai: Lambasting Chennai customs officials for seizeing a gold ‘thaali' (mangalsutra) from a newly married Sri Lankan woman passenger, Madras high court ordered its immediate return saying their action was inappropriate and unfair, The Times of India reported.


"As per our customs, it is normal for a newly married person to wear the aforementioned quantity (216 grams) of gold. When the officers are conducting a search, they have to respect the customs of every religion of this country," Justice Krishnan Ramasamy said on Thursday.


"It is very unfair on the part of the customs officials to remove the ‘thaali' from the petitioner, who is to start her married life with her husband in France in the last week of Jan 2024," he added.


"As far as S Mythili, the seizing officer, is concerned, her conduct is unbecoming as an officer. She has to be necessarily enquired and appropriate action has to be taken against her by the Department of Personnel & Training (IRS Customs)," the court said.


Thanushika is a citizen of Sri Lanka and came down to Chennai and got married to one Jeyakanth, who is also a Sri Lankan citizen. Their marriage was solemnised at the sub-registrar's office in Maduranthakam in Chengalpet district on July 15, 2023. Thereafter, her husband left for France, where he is currently living, and she left for Sri Lanka with her parents to wait for her spouse to arrange a visa.


She got her visa in Nov 2023. Thereafter, once again, she travelled to India and landed at Chennai International Airport on Dec 30, 2023, along with her mother-in-law, sister-in-law, and other relatives. As her husband also came from France, they planned a pilgrimage to various temples in Tamil Nadu. 


While passing through customs, an officer checked their belongings and questioned her about her gold bangles weighing about 45 grams and ‘thaali' weighing about 88 grams. When the inquiry was conducted, she replied that she got married and was going to France after their planned pilgrimage in Tamil Nadu. She also showed the return ticket to France to the officials.


Despite this, the officials forced her to remove her ‘thaalikodi' and other gold jewellery she was wearing and seized the same, she said. Allowing the plea, the court said, "considering such aspects only, while enacting the provisions of the Customs Act, Parliament has consciously excluded the jewels worn by passengers."


If there is any intention to put all passengers into hassle, disrespecting their proprietorial rights, dignity, and forgoing customs against the fundamental rights, let Parliament take a decision and amend the provisions of the Act, the court said. It added that till then, the officers have to apply their minds with regard to detaining passengers and seizing gold worn by them as the same would not fall within the purview of the Baggage Rules, 2016.


The court then directed the Principal Chief Commissioner of Customs (Tamil Nadu & Puducherry) to conduct an inquiry against the officials involved in the entire episode and take appropriate action in accordance with the law and file a report. (The Times of India)

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