Chennai Customs officer yanks passenger’s thali; Madras HC calls it intolerable

Sri Lankan citizen, Thanushika, arrived in Chennai for a temple pilgrimage with her family but allegedly met with harassment from Customs officers at the airport. They forced her to give them her gold ‘Mangalya Thali Kodi’ ignoring her explanation that it was a part of her wedding jewellery.

Background of the petitioner

Thanushika came to Chennai to marry Jeyakanth with their marriage being solemnised on July 15th, 2023 at the sub-registrar’s office in Madhurandhagam in Chengalpet district. Her husband left for France and she waited back in Sri Lanka for her visa to be approved.

She finally got her visa in November 2023 and travelled back to India, landing at Chennai International Airport on December 30, 2023 with her in-laws in tow. Her husband joined them from France and they planned a temple pilgrimage trip with their family.

While going through Customs at the airport, Thanushika was harassed by seizing officer S Mythili, forcibly removing her gold jewellery and ignoring her protests and reasoning that they were part of her wedding ornaments.

Thanushika then filed a writ petition, seeking for the return of her gold ornaments, arguing that this seizure was unlawful.

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Madras HC’s verdict

The customs officers were unable to deny the allegations of mistreatment against the Petitioner. This led to an inference of acceptance under Section 58 of the Evidence Act, 1872, and the Writ Rules, 2021.

The court further lambasted the customs officers stating the mahazar, or seizure report, contained false information in preparation to falsely implicate the petitioner, as per a Verdictum report.

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An affront to Indian values

The Single Bench of Justice Krishnan Ramasamy held that it is tradition for newly-married women to wear gold, including thali chains that weigh up to 16 sovereigns. The Court emphasised that, “When the officers are conducting [a] search, they have to respect the customs of every religion of this Country.”

The Bench recognised that the forceful removal of the petitioner’s thali was done with no concern for the ornament’s cultural and religious significance. The Court remarked that, “Wearing [a] thaalikodi is a part of this country’s culture, and forcefully snatching it from a passenger amounts to annihilating that culture.”

Seizing of petitioner’s ornaments declared ultra vires

The Court ruled that Rule 3(b) of the Baggage Rules, 2016 which states that - articles up to the value of Rs. 50,000, if carried on the person or in the accompanying baggage of the passenger shall be allowed clearance free - was ultra vires since it contravenes Section 79 of the Customs Act which explicitly excludes jewellery worn by passengers from baggage regulations, according to the report by Verdictum.

It was further emphasised that the Parliament had created this Rule to avoid situations such as this one, suggesting that any changes should come through legislation and not through executive decision-making that is ultra vires which is when a person acts beyond their power or authority.

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Final Order

“As far as S Mythili, the seizing officer, is concerned, her conduct is unbecoming as an officer. She has to be necessarily inquired and appropriate action has to be taken against her by the Department of Personnel and Training,” said the Court.

The Court concluded that the confiscation order regarding the petitioner’s ornaments was passed without regard for due process of law or proper application of mind. Customs authorities have been directed to return the ornaments within 7 days, reiterating that Customs authorities must be culturally competent and sensitive while acting within the legal framework.