Chapter-1

Law as an Instrument of Social Change -

A Sociological Study of The Scheduled Castes and the Scheduled Tribes

( Prevention of Atrocities) Act, 1989 in Gujarat

Introduction:-

Indian Society was divided into four categories since time

immemorial and the same system was and is well known as "Chaturvarna
system.1" Originally such divisions were based on merit and performance
with no concept of high and low with regard to the functions and duties,
the people used to perform as per their aptitude and liking as well as
expertise and skill before and during Vedic period. Gradually the system
degenerated into various castes with the concept of high and low, touchable
and untouchable and plethora of do's and don'ts completely restricting
the upward social mobility and even the horizontal social mobility crippling
people's pride and self-esteem of various segments of Indian Society who
were degraded in lower social strata called Shudra and Atishudra
categories. A pyramidal stratified social structure with absolutely no social
mobility was thus born.
Due to caste system in India, the development of individual and
development of his personality were and are totally restricted and not only
the social mobility was and is adversely affected but even national unity
and integration too were and are badly affected which in past resulted in
the occupation of this country by various foreign forces taking advantage
of fragmented Indian Society which remained non-cooperative in
safeguarding of its borders. Their participation in defence of their country
1
too was socially banned, for example only one caste or varna whose
members considered themselves as Kshatriyas were allowed by social
order to possess and use weapons. Unless such rigid caste based hierarchy
is changed with changing times, the conflict arising out of such caste
hierarchical practices would certainly go on harming the Indian society
and its progress, development, unity and integrity of the nation.
In order to create a society which is free from caste prejudice
and hatred, various social legislations were brought into force, few before
independence and a couple of them after independence. The caste based
untouchability (touch-me-not-ism) is a stigma to Indian Society which
is not known to exist anywhere in the world in the same mode, manner
and form as it existed in India. Not only it divided people on caste lines
but it also encouraged the concept of high and low, pious and profane which
socially, economically, politically, educationally and religiously degraded
lower castes, communities and tribes to such an extent that such people
belonging to such lower strata could not feel that they are human beings
but considered themselves as sub-human beings and at times their plight
was worse than animals. Thus, the hierarchical social order based on
Chaturvarna and multiplicities of numerous castes brought such evil as
elaborated above.
A very strange legal structure was created in history of Indian
society by various Smrutis / Samhitas to enforce unjust, unfair and
unreasonable social and religious practices of this land on caste lines. The
sentences / punishments / penalties for the same offence or misconduct
were different for Brahmins and Shudras and other strata of the Society
based on caste-hierarchy. Such unjust legal structure solidly stood till
the advent of foreigners' rule in India. The Muslim or the British rulers
2
did little for effective law / legislation for social change related to abolition
of caste. The independence of nation brought new hope and cheers for
millions of people in India who suffered unimaginable miseries and
hardships, atrocities and highhandedness at the hands of people who were
hierarchically higher in the societal pyramid of the Indian Society. Various
societal social reform movements too played a significant role in this
direction. But the part played by the provisions of Indian Constitution
really outshined all other social activities done by social organizations
or social movements. For the first time legal remedies for the wrongs
committed against downtrodden people were made available to them in
a perfect codified manner guaranteeing their honour and upliftment and
at the same time providing for punishment to people who used to indulge
in caste based discrimination and outrageous conduct, humiliating and
degrading the so called low caste people of India. The Constitution of
India gave a new voice to them which kindled the hope for a dignified
existence to them. It gave the definition of the Scheduled Castes and the
Scheduled Tribes as under:-
Constitutional definition of SCs/STs and Various relevant
Constitutional provisions about them :
The "Scheduled Castes" and "Scheduled Tribes" shall have the
meanings respectively assigned to them in clauses (24) and (25) of Article
366 of the Constitution of India."
The Article 366 (24) of the Constitution of India defines
Scheduled Castes as under:-
"Scheduled Castes" means such castes, races or tribes or parts
of or groups within such castes, races or tribes as are deemed under article
341 to be Scheduled Castes for the purpose of this Constitution;
3
 The Article 366 (25) of the Constitution of India defines
Scheduled Tribes as under:-
"Scheduled Tribes" means such tribes or tribal communities or
parts of or groups within such tribes or tribal communities as are deemed
under article 342 to be Scheduled Tribes for the purpose of this
Constitution; Let us also exactly know what these Constitutional Articles
No.341 and 342 are:-
Article-341. Scheduled Castes.- " (1) The President may with
respect to any State or Union Territory, and where it is a State, after
consultation with the Governor thereof, by public notification, specify the
castes, races or tribes or parts of or groups within castes, races, or tribes
which shall for the purposes of this Constitution be deemed to be Scheduled
Castes in relation to that State or Union Territory, as the case may be.
(2) Parliament may by law include in or exclude from the list
of Scheduled Castes specified in a notification issued under clause (1)
any caste, race or tribe or parts of or group within any caste, race or tribe,
but save as aforesaid a notification issued under the said clause shall not
be varied by any subsequent notification."
Article-342. Scheduled Tribes.- " (1) The President may with
respect to any State or Union Territory, and where it is a State, after
consultation with the Governor thereof, by public notification, specify
the tribes or tribal communities or parts of or groups within tribes or tribal
communities which shall for the purposes of this Constitution be deemed
to be Scheduled Tribes in relation to that State or Union Territory, as the
case may be.
(2) Parliament may by law include in or exclude from the list
of Scheduled Tribes specified in a notification issued under clause (1)
4
any tribes or tribal communities or parts of or groups within tribes or
tribal communities, but save as aforesaid a notification issued under the
said clause shall not be varied by any subsequent notification."
Article 17 of the Constitution abolished untouchability and
forbidden its practice in any form by a special Law which was enacted
in the year 1955. It was named as "The Untouchability (Offences) Act,
1955, (22 of 1955). The title of the Act was changed by the Parliament
by an Amendment Act in 1976. The Act is now called “The Protection
of Civil Rights Act, 1955.” The expression 'Civil Right' is defined as 'any
right accruing to a person by reason of the abolition of untouchability
by Article 17 of the Constitution.’ The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (Act No.33 of 1989) [11th
September, 1989] was passed by Parliament providing stringent
punishments and more safeguards for the protection of the Scheduled
Castes and the Scheduled Tribes. The object is "An act to prevent the
commission of offences of atrocities against the members of the Scheduled
Castes and the Scheduled Tribes, to provide for special Courts for the trial
of such offences and for the relief and rehabilitation of the victims of such
offences and for matters connected therewith or incidental thereto. The
Act was enforced i.e. from 30th January, 1990 vide S.O. 106 (E) dated
29th January, 1990. This Act does not repeal the Protection of Civil Rights
Act, 1955. Both these Acts are now in force for the protection of the rights
of Scheduled Castes and the Scheduled Tribes in India.
Since the above social legislation equally affects both the
Scheduled Castes and the Scheduled Tribes and Caste Hindus as well, the
topic assumes tremendous importance and the same is contemporarily
relevant, socially important and legally beneficial and culturally enriching
5
the available knowledge and material information in this regard which
prompted me to lay my hands on for a Ph.D. degree on this subject. A
critical analysis of the topic through empirical social studies as to the
effectiveness of above social legislation as an instrument of social change
in a planned and desired direction and manner will certainly be of
tremendous importance to all concerned in this regard. This will certainly
give a new thought to the victims as well as perpetrators of atrocities on
the Scheduled Castes and the Scheduled Tribes to at least rethink on the
topic in national interest as well as their own personal interest. This will
create an awareness among affected members of the Scheduled Castes
and the Scheduled Tribes about the tentacles and stranglehold of tradition,
religion, customs, mores and practices based on caste-system which go
counter to their human and natural as well as constitutional and legal rights
in a free and a democratic society.
Such study will certainly be useful to vast majority of people
engaged in building an egalitarian Indian Society free from all sorts of
exploitation and ridiculous discrimination prevalent in this vast country
at present in its various forms and nauseating practices based on old and
outdated as well as harmful social and religious ethos. Other types and
forms of social change being voluntary and merely persuasive in nature
and character can, sometimes may help bring in social change to certain
extent in an uncertain manner but social change through the instrument
of Law is exact, specific and entailing punishment for deviant behaviour
and acts of individual and groups, it certainly ensures the change for the
better and the same provides largely enough legal remedies for violations
of law on social change. Thus its importance is unique in brining justice
to the people who suffered inequalities, injustice, unfairness and
6
unreasonableness almost in all walks of their lives right from birth to death,
cradle to cremation. It will include new insight to the Sociological
understanding for the Social Problem of Indian Society.
The empiricism of study requires to be focussed on the victims
and perpetrators both, so that effective remedial measures and proactive
measures can be suggested. The caste-ism and untouchability are really
dents on the Indian society and its normative social order. Though the
social dent and stigma are obviously and apparently irreparable in near
future but that should not deter us from making scientific efforts in right
and proper direction to mitigate the severity of social problems of
deprivation faced by the Scheduled Castes and the Scheduled Tribes and
to think of appropriate measures to alleviate the sufferings caused to the
victims of caste-system to the maximum extent possible. In absence of
scientific and empirical studies, the social problem of caste-ism cannot
be addressed properly and effectively and hence need to carry out research
on the topic in question is urgently called for and the same would be useful
to the Indian Society to a great extent.
In modern societies laws are made to control the behaviour of
the individuals and institutions whereas, as observed by Vidya Bhushan
and D.R. Sachdeva, 2"In primitive societies the folkways, mores and
customs suffice to control the individual behaviour since there is
unquestioned compliance with them but in modern civilized societies
customs tend to loosen their hold with the result that laws are enacted
by the State to control the individual. The transition from custom to law
is just a part of the general rationalisation in modern society." Thus law
becomes necessary to ensure order in the society.
Definition of law. The laws are variously defined by the scholars.
7
According to Summer "Laws are actually codified mores." Kant3 defined
it as "a formula which expresses the necessity of an action." 4Krabble
defines Law as "the expression of one of the many judgements of value
which we human beings make by virtue of our disposition and nature."
5
Green Arnold defined "Law is a more or less systematic body of generalised
rules, balanced between the fiction of performance and the fact of change,
governing specifically defined relationship and situations and employing
force or the threat of force in defined and limited ways." 6According to
Duguit, laws are "the rules of conduct normal men know they must observe
in order to preserve and promote the benefits derived from life in society."
7
According to MacIver and Page "Law is the body of rules which are
recognised, interpreted and applied to particular situations by the Courts
of the State." 8B.N. Cardozo says "Law is a principle or rule of conduct
so established as to justify a prediction with reasonable certainty that it
will be enforced by the Courts if its authority is challenged." 9Max Weber
feels that "Law is an order, the validity of which is guaranteed by the
probability that deviation will be met by physical or psychic sanction by
a staff specially empowered to carryout this Sanction" 10Hertzler
comments, "Law in effect structures the power (super-ordinate-
subordinate) relationship in society; it maintains the status quo and
protects the various strata against each other, both in Governmental and
non-governmental organisations and relationship." 11According to Roscoe
Pound, "Law is an authoritative canon of value laid down by the force
of politically organised society."12 Anthony Giddens says "Laws are norms
defined and enforced by Governments."
Austin defined law as "the Command given by a superior to an
inferior."13 Some define "Law as the Command of Sovereign or the dictates
8
of the State." Sociological view believes that "Law as the rules of right
conduct." Laws are the general conditions of human activity prescribed
by the State for its members.
Roscoe Pound stated, "Law must be stable and yet cannot be stand
still."14 The law is often used as an instrument of social reform. The
Untouchability (Offences) Act, the Hindu Code Bill, the Sarda Act, the
Prohibition Act are examples in this context.
Vidya Bhushan and D.R. Sachdeva observed15 that "Thus Law
does not always lay behind the times. One great merit of law is that it adapts
itself to the changing needs of society and maintains stability when the
rapid alterations disturb the relations in society. Law helps the society
assimilate the changes by adjusting group advantages and injuries resulting
from them. Finally the law may become an advanced instrument of social
change on a national as well as international level by affecting the social
frame work in which relations take place. However, if law is greatly in
advance of, or greatly behind, the trends of change in the society, it remains
unenforceable. If it is in harmony with the processes of change, it
accelerates and institutionalises changes.”
The various "Pressure groups" exercise considerable influence
on law-making organs. Practically all legislations are passed to satisfy
the demands of certain groups presented to the legislature directly or
indirectly, which demands will be recognised in Law depends to a large
degree upon the power of the groups which make the demands. Political
parties themselves are a combination of pressure groups. The legal groups
today are the product of the pressures of the most powerful groups in the
society. By powerful groups is meant effective power in terms of the
number of votes at the disposal of the group, the amount of money it can
9
command, the effectiveness of the organisation, the skill of its lobbyists,
and the support it is able to secure from public opinion. Despite the
directive from the Supreme Court, the Rao Government did not think it
politically wise to enact a uniform Civil Code.16
Definition of social change : Thus various definitions of law give
us an insight as to how closely the same is related to society and social
change. After going through the definitions of law let us now understand
the definition of social change. As defined by Lundberg and others "Social
Change refers to any modification in established patterns of inter-human
relationship and standards of conduct."17 The definition is very apt and
properly encompasses all ingredients of the social change. The established
pattern of inter-human relationship between Caste Hindus and Scheduled
Castes was that of touch-me-not-ism as the same was thought to be
polluting them i.e. the Caste Hindus. The social change in the above
dogmatic stratification really called for modification in the changing and
already changed social scenario following independence in 1947 and
following coming in force the Constitution of India. The standards of
conduct of Caste Hindus were required to change in time with
Constitutional provisions. Thus modification in established patterns of
inter-human relationship and standards of conduct was brought through
legal means mainly the Constitution of India, the equal laws like
I.P.C.(Indian Penal Code)/ Cri.P.C.(Code of Criminal Procedure) /
Evidence Act etc. and finally and especially through the Untouchability
(Offences) Act, 1955 and the Protection of Civil Rights Act, 1955
(Amended with new name in 1976) and the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 which is now the
subject matter of this thesis.
10
 Vidya Bhushan and D.R. Sachdeva observed, "Change is the law
of nature what is to-day shall be different from what it would be to-morrow.
The social structure is subject to incessant change … Society is an ever
changing phenomenon, growing, decaying, renewing and accommodating
itself to changing conditions and suffering vast modifications in the course
of time.18 The word "change" denotes a difference in anything observed
over some period of time.
"Social change is a term used to describe variations in, or
modifications of, any aspect of social processes, social patterns, social
interaction or Social Organization." Jones.19 According to Mazumdar,
H.T. "Social change may be defined as a new fashion or mode, either
modifying or replacing the old, in the life of a people, or in the operation
of a Society."20 As per Gillin & Gillin, "Social changes are variations from
the accepted modes of life; whether due to alteration in geographical
conditions, in cultural equipment, composition of the population, or
ideologies and whether brought about by diffusion or inventions within
the group."21 As per Davis, "Social change is meant only for such
alterations as occur in social Organisation, that is, structure and functions
of Society."22 According to Merril & Eldredge, "Social change means that
a large number of persons are engaging in activities that differ from those
which they or their immediate forefathers engaged in sometime before."23
MacIver and Page gave a very appropriate and fitting definition
of social change. According to them, "Social change is our direct concern
as sociologists are with social relationships. It is the change in these
relationships which alone we shall regard as social change." 24
As per M.D. Jenson, "Social change may be defined as
modification in ways of doing and thinking of people." 25
11
 Lundberg and others define it as, "Social change refers to any
modification in established patterns of inter-human relationships and
standards of conduct."26As per Anderson and Parker, "Social Change
involves alteration in the structure or functioning of social forms or
processes themselves."27 Ginsberg M. defined it as "By Social change, I
understand a change in social structure e.g. the size of a society, the
composition or balance of its parts or the types of its organisation." 28
From the above definition it can be summed up that basically
social change refers to the modifications which occur in the life patterns
of people. The topic of this thesis is about the social change which is
brought about by definite intention through the medium of law which is
used as an instrument for social change in a particular social direction.
Social change does not apparently refer to all changes going on in the society.
The changes in technology, agriculture, dairy, farming, science
etc. may not be included in the term "social change." Social change is
limited to alterations in the field of social relationships. Social
relationships are social processes, social patterns and social interactions.
As per Vidya Bhushan & D.R. Sachdeva, "Social change will mean
variations of any aspect of Social processes, social patterns, social
interactions or social organisations. It is a change in the institutional and
normative structure of society." 29
After going through definitions of Social change, it is pertinent
to know the nature of social change. Social change is universal
phenomenon as the same occurs in all societies. Society is never static.
Both primitive as well as civilised society also undergoes changes. The
process of change may be fast or slow depending upon people concerned.
Social change is community change as the same involves not single
12
individual but more people are concerned with it. It is a change which
occurs in the lives of many persons in entire community. The speed of
social change differs from society to society. Though the same occurs
in all societies, its speed differs from society to society as its speed is not
uniform. As experience shows, social change in urban areas is faster than
in rural areas. The speed of social change differs from age to age. The
speed of social change to-day is faster than it was in medieval times. This
is because factors which cause social change, do not remain uniform or
even their existence may not be there. The factors like industrialisation,
urbanisation, education etc. give impetus to social change.
Social change occurs due to an essential social requirement
because change is the law of nature. Social change is also natural. Its
occurrence is either in natural course or as a result of planned efforts. By
nature human being desire change and change thus becomes necessity.
Definite prediction of social change is not possible as the same depends
upon our attitudes, ideas, norms and values and same cannot be 100 %
predicted. Social change has chain reaction sequences as change in one
aspect of social life affects other parts also. For example if an inter caste
marriage takes place, either of the spouse's side will not accept it, their
caste fellow will resent it, other side will accept it, Government will grant
monetary benefits to such couple, village people may not accept it, urban
people will not bother about it. Thus many types of reactions are noticed
in social change. Social change results from the interaction of a number
of factors. The monistic theory does not provide an adequate explanation
of the complex phenomenon of social change. A single factor can trigger
a change, but such triggering is made possible by other factors. The
modification of one part affects other parts also. Social changes are chiefly
13
those of modification or of replacement and hence the same can be put
into two categories i.e. (1) modifications or (2) replacements. For example
our ideas about untouchability, women's rights, religion, marriage, sex,
government and same may undergo further modification or replacement
in future. Mere replacement can also cause change. Horses, camels,
elephants etc. have been replaced by automobiles. Such change also
helped, particularly in Indian context to reduce the sin of untouchability
to a great extent. The person whose mere body touch could pollute Caste
Hindus and therefore touch-me-not-ism had emerged, got automatically
wiped off from the psyche, heart and mind of the people of India. One
can imagine to what an extent such replacement brought about social
change and brought people together knowingly or unknowingly for the
good of the people. Similarly old ideas have been replaced by new ideas.
The germ theory of medicine has replaced older views of the cause of death.
Democracy has replaced aristocracy.
There are certain theories of social change which are based on
direction and causes of social change. Let us first examine the direction
of social change. Earlier sociologists believed that primitive people's
society is static but subsequently they realised that in such society also
changes have occurred though the space and speed of change may be slower
as compared to other advanced class of various societies.
Theories of Social Change :
Theory of Deterioration :-
Some believe that in the olden days men lived in a perfect state
of happiness and such a time was golden time for man. Indian people admire
"Satyug" like anything and always found lamenting that society has
deteriorated in "Kaliyug" a time not so desirable and full of all sorts of
14
deceit, conceit, cheating and fraud. According to Indian mythology, man
has passed through four ages (1) Sat Yug (2) Treta Yug (3) Dwapar Yug
and (4) Kali Yug. The Sat Yug was the best age in which man was honest,
truthful and perfectly happy. Thereafter degeneration and deterioration
began to take place. The modern age of Kali Yug is the worst period
wherein man is said to be deceitful, treacherous, false, dishonest, selfish
and consequently unhappy. This concept is found in Hindu mythology,
according to which Sat Yug will again start after the period of Kali Yug
is over.30
But looking to various wars fought between different Kings and
Emperors in those times, we come across many examples wherein deceit,
treachery, falsehood, dishonesty, selfishness and all vices even from to-
day's point of view were order of the day and even there were no regulatory
mechanism to check the same. There was no room for rights of women,
rights of Dalits and noble principles of Liberty, Equality31 and Fraternity
which are noblest cornerstones of to-day's polity. It all depends on how
we view the primitive, the past and the present time. It is very difficult
to arrive at any definite conclusion in absence of empirical and analytical
studies on the subject.
Cyclic Theory :-
Some sociologists like Spengler32 believe that society has a
predetermined life cycle and has birth, growth, maturity and decline.
Modern society is in the last stage. Indian Saints and many religiously
inclined people too have the similar belief like one Spengler has about
societal changes. As history repeats itself, so also society after passing
through all these stages, returns to the original stage, whence the cycle
again begins. This concept is found in Hindu Mythology according to
15
which Sat Yug will again start after present Kali Yug is over. Spengler
analysed the history of various civilisations including the Egyptian, Greek
and Roman and concluded that all civilizations pass through a similar
cycle of birth, maturity and death. He felt and observed that Western
civilization is now on its decline which is unavoidable. According to F.
Stuart Chapin,33 the different parts of culture go through a cycle of growth,
vigour and decay. Arnold J. Toyanbee,34 the noted English historian, has
also propounded a cyclical theory of the history of world civilization. He
maintained that civilizations pass through three stages corresponding to
youth, maturity and decline. He was also of the view that our civilisation,
although in the state of final downfall, can still be saved by means of proper
guidance by the "creative minority" by which he meant a select group of
leaders who withdraw from the corrupting influences, commune with
God, become spiritually regenerated and then return to inspire the masses.

Linear Theory :-
Some social thinkers like Comte subscribe to the linear theory
of social change. According to them, society gradually moves to an even
higher state of civilisation and that it advances in a linear fashion and in
the direction of improvement. Auguste Comte35 postulated three stages
of social changes - (1) The Theological (2) The Metaphysical and (3) The
Positive. In the first stage man believed that supernatural powers
controlled and designed the world. In the second stage man tries to explain
phenomena by resorting to abstractions. In the third stage man seeks the
explanatory facts that can be empirically observed. Herbert Spencer36
maintained that "human society has been gradually progressing towards
a better state."
16
The causes of social change:-
Deterministic Theories of Social Change.
The deterministic theory of social change is widely accepted
theory of social change among contemporary sociologists. According
to this theory there are certain forces, social or natural or both, which bring
about social change.

The term "Social change" itself suggests nothing as far as its

direction is concerned. It is generic term describing one of the categorical
processes.

Law and sociological issues are intimately related to each other.

Sociology is the study of man in society. Law controls and regulates actions
of human beings in society and it is, therefore, a subject of great importance
for this study. There is however, difference of approach of a sociologist
and of a lawyer to the subject of law. A lawyer is concerned with rules
that men ought to obey, he is not interested in knowing how and to what
extent these rules govern the behaviour of ordinary citizens. A sociologist,
on the other hand, is interested in law as a social phenomenon. We try
to understand law as a social phenomenon in this study. Our chief concern
in sociology is not with the law / rules themselves as such but with whether
they are observed or not and in what way and what was the necessity to
enact them. A Sociologist's study of law from this angle has been given
title of Sociology of Law or Sociological jurisprudence. Jurisprudence
has assumed a new meaning that laws are to be made for men and the law
makers and its executors are to take into consideration the human and social
aspect while making or executing it.

17
Introduction of the subject
Change is the rule of society. Society forms its own code of
conduct, its norms to be followed by its members and at times and at many
times expects wholehearted compliance and submission to societal norms
as set by the society or its various groups or sub-groups. Such stereotype
adherence to societal norms may be beneficial one as well as detrimental
also to few depending upon circumstances that prevail in certain situation.
Such situation, in fact call for or compel members of the society to rethink
about the existing structure and its inadequacy to meet the requirements
of the emergent situation, new possibilities which necessitate brining about
change in the established societal order of the day. Modern period social
changes are the product of new thinking on various matters where people
feel social changes are need of the hour to meet the requirements of
emergent situations. For example, the idea of high and low based on
prescribed social stratification of Hindu Society on dogmatic prejudiced
contemplation and consideration was in toto and overwhelmingly accepted
even by the victims of such a rigid social arrangement and a cry for a change
for better and humanitarian treatment almost never arose even from the
side of the victims of social rigidity permitting no change and acceptance
of status quo ante without challenging or even questioning its validity
from social, human, religious, ethical or even legal and logical point of
view. But slowly and gradually wind of social change did start sweeping
through such mutually accepted regimental and unjust social order. In
fact social change is a complex phenomenon. Social tradition is never
a script that is followed slavishly by people. Social change at times appears
to be contra-cultural for example dacoits have their own culture. Age
old caste based culture is quite contra to the new culture taking shape on
18
the basis of liberty, equality and fraternity.
Social changes can be brought about by various methods. The
social change can be brought by preaching of religions, by launching social
reform movements like one done by Raja Ram Mohan Roy, Swami
Dayanand Saraswati, Justice Ranade, Shahu Maharaj, Jotiba Phoole,
Gandhiji, Dr. B.R. Ambedkar and other such prominent social thinkers.
But such efforts have no legal obligations or force of law for remedial
measures in cases where individuals do not agree to a prescribed social
behaviour and conduct. Such optional, sweet will obedience was found
not bearing desired fruits in right direction and therefore need arose to
formulate laws purely to bring about social change prescribing and
providing necessary penal mechanism in case of not confirming to change
and violating provisions of such law which aimed at social change from
extant social process as procedures and practices. A cursory quick look
back on history of Dalits / Scheduled Castes / Harijans / Depressed Class
/ Shudras /Ati-Shudras/ Antyajas as they were variously called or addressed
contemptuously by fellow Indians will give an interesting scenario of
social change that took place during the passage of time and would be
of immense importance from this study's view point.
Every seventh person in India is a Scheduled Caste. The Scheduled
Castes have been oppressed right from Post Vedic period, and hence
positive discrimination, protective discrimination, affirmative action
(American Concept) and occupational mobility in their favour for their
upliftment are warranted. In spite of reform movements in ancient and
medieval times, they continued to remain the most backward and deprived
groups in society. Society was comparatively flexible during the Rig Vedic
period, however, with the passage of time, the Varna system and Caste
19
system both became very rigid. The condition of untouchables worsened
day by day and they used to be oppressed and exploited by the higher castes.
Most of the social reformers in India except very few have not played
any specific and effective roles in removing caste, varna, untouchability
or the disabilities they placed on the members of untouchable segments
of Indian society. However specific roles played by such few Social
Reformers in India from Raja Ram Mohan Roy to Dr. B. R. Ambedkar
who left an indelible imprint on the social life of the people about the caste,
varna and untouchability are mentioned below:-
(1) Raja Ram Mohan Roy (1772-1833)37
He was pioneer among the social reformers of the 19th century
India. Reforms undertaken by him had significant and universal appeal
with lot of opposition from the orthodox Caste Hindus of those days. He
believed in modernization of India. So far as this study is concerned, the
main focus will be on the Varna, Caste, Untouchability and Social Change
particularly in this regard and other such relevant matters wherein these
social reformers might have significantly contributed for further
improvement in the social system of the country. The proper surname of
Raja Ram Mohan Roy was Bandopadhya. Roy was a title given to them
on later years. He was instrumental in convincing Lord William Bentinck,
Governor General (1828) and Bentinck openly declared that Suttee (Sati)
was a matter of disgrace for the British rulers. Suttee had to be abolished.
Ram Mohan Roy convinced him that Suttee was not a part of the Hindu
Shastras. The regulation prohibiting suttee was passed in 1829. His
reforms were mainly pertaining to Suttee, Child marriage, Education etc.
but it seems he had not touched varna, caste, untouchability etc. in his
social reform movement but it is true that there was no one before Ram
20
Mohan Roy who made a sincere effort to inspire the intelligentsia to
organise a reform movement for social progress which meant an all round
regeneration. He died in Bristol, England in 1833.
(2) Ishwar Chandra Vidhyasagar:- (1820-1891)38
He mainly concentrated on problems of education. He worked
for the success of widow remarriage. He laid stress on women's education.
No contribution on reforms about varna, caste and untouchability, caste-
based discrimination and disabilities arising out of the same.
(3) D.K.Karve (Dhondo Keshavkumar Karve) (1858-1928) 39
He worked for women's regeneration. No contribution in the
field of removal of caste, removal of untouchability, removal of caste-
based discrimination and caste-based disabilities arising out of the same.
His main thrust was on women's education.
(4) M.G.Ranade (1842-1901) 40
Mahadev Govind Ranade was born in Niphad, in Nasik District,
Bombay Presidency on 18th January, 1842. He was one of the protégées
of British officers. He pleaded for religious education in schools. No
contribution in removal of varna, caste, untouchability, discrimination
and disabilities arising out of caste system and faced by the untouchables.
Ranade founded the Prathna Samaj.
(5) Guru Nanak Dev (Born on 15th April, 1469-died on 22nd
September,1539)41
He was born into a Kshatriya family. He advocated Hindu-
Muslim unity. Nothing special done against caste or untouchability. The
following Bhaktas (Devotees) of medieval period were not social
reformers as such but in their devotional songs and speeches they preached
equality, brotherhood and oneness of God etc.
21
 Table N0.1-1
BHAKTAS OF MEDIEVAL INDIA42

Sr.N0. Name Province Dates Caste/Occupation

1. Kabir U.P b. A.D. 1398 Weaver
2. Ravidas U.P. Contemporary of Kabir Chamar
3 Ramanand U.P. b. A.D. 1017 Bairagi
4. Parmanand Bombay -- --
5 Namdev Maharashtra b. A.D. 1270 Chippa
6. Trilochan Maharashtra b. A.D. 1267 Brahmin
7. Dhanna Rajputana b. A.D. 1415 Jat
8 Baini -- -- --
9. Sain U.P. 14th & 15th Centuries Barber
10. Bhikhan U.P. b. A.D. 1573-74 --
11. Jaidev Bengal alive in A.D. 1170 Brahmin
12. Peepa U.P. b. A.D. 1425 ( A Jogi?)
13. Sadna Sindh Contemporary of Namdev Butcher
14. Surdas Oudh -- (the blind)
15. Farid Punjab A.D. 1173-1265 Shaikh

(6) Keshavchandra Sen (1838-1884)43

He started a society for the social welfare of the women. Girls'
schools were opened, adult schools and normal schools started to function.
He devoted his times in books and started a Weekly called "Sulabh
Samachar." He was spiritually inclined and was drawn to meditation and
religious quest.

22
 After Keshav came to Brahmo Samaj, the sacred thread of the
high castes was discarded. Gradually inter-caste and inter-provincial
marriages were legalised. There was no stigma about marriages between
higher and lower castes as far as the Samaj was concerned. The Tagore
family and Adi Samaj took a longer time to accept inter-caste marriage
as they looked for a Brahmin Surname. But with years the irrational attitude
was abandoned as caste eradication was a basic reform of the Brahmo
Samaj. The orthodox Hindu Samaj gradually realised how harmful the
practice of dowry was and how irrational was the caste persecution but
it took some time before the traditionalists started supporting inter-caste
marriages. The reformers insisted on monogamy, forbade child marriage,
encouraged widow re-marriages and inter-caste marriages. The younger
generation pointed out that he was not following what he was preaching.
Keshav had built up about 124 institutions. Dayanand Saraswati visited
Bengal as he was eager to meet Keshav.

(7) Jotirao Phooley (April 11,1827- November 28,1890) 44

He was Mali. He was named Joti which means a flame. The
worthless profligate Peshwa Bajirao-II lost his "Gadhi" (Throne) which
upset the fates of the Brahmins who were reduced to utter degradation.
The Maratha Empire long worn out by the disease of the deep rooted caste
jealousies and dissensions and was overpowered by the superiority of
British power. Almost all the Maratha leaders were rotten to the core and
ignorant of the stream of world progress and world thoughts. The principle
of heredity in military, diplomatic and Governmental services even at
village level and in occupation which regulated the life of both the State
and the individual in society, led to degradation and degeneration.
23
Elevation of the Brahmins and that too mainly of the Chitpavan Brahmins
to eminent positions, political and social and elimination of the men of
other communities however able and strong, from these offices, was the
rule of the day. Bajirao-II lavishly fed about forty thousand pauperised
and worthless Brahmins who flattered him as their Lord. The Brahmins
adulated Bajirao-II as an incarnation of Krishna or Shivaji. In times of
the famine the Government of Bajirao-II helped only the Brahmins.
Joti was not a path-follower; he was path-finder. Joti was found
walking along with a marriage procession of his Brahmin friend. The
Brahmins could not tolerate it. Some blue-blooded orthodox Brahmins
recognised him and were infuriated at the thought of the outrage of a Mali,
a low caste boy had committed by walking with the terrestrial Gods, the
Brahmins. They bawled out: "How dare you walk along with Brahmins?
You Shudra! You have violated all caste rules and inflicted an insult on
us. You are not our equal. You should have thought a hundred times before
behaving like this. Get behind; otherwise go away. People have nowadays
lost all shame. They violate caste rules; they are growing arrogant under
this British Raj." Joti was perplexed, dazed and perturbed. He came home
and narrated the whole incident to his father who said that he had seen
non-Brahmins humiliated and trampled under an elephant's feet. The poor
untouchables were the worst sufferers in Brahmin ruled Maharashtra.
Every untouchable was required to walk through the streets of Poona with
a branch of leaves tied to his waist and pot hanging from his neck in which
to spit if he wanted to; but could not enjoy even this liberty of walking
in the streets in the early morning or late evening, least his long shadow
defile the Brahmins, Govindrao, father of Joti concluded. Joti listened
to his father who advised him to preserve the old customs and not to incur
24
the wrath of the Brahmins. Joti resolved to rebel against the debasement
of the society, to throw off the shackles and to fight the grossest vices and
petrified customs reared in the name of the religion which exercised an
evil influence on Hindu society. He resolved to release the lower castes
from their debasing thraldom and to regenerate them. The taint of social
inferiority provoked a galling sense of injustice and revolt was the natural
reaction to it. He felt that social slavery is worse than political slavery.
Joti said to himself that he was well educated; he knew what was
good and what was evil. He belonged to the religion to which Brahmins
belonged. Then what led them to believe that he was inferior to them?
Was it religion that made them act like that? But the religion was the relation
between Man and God. He then came to the conclusion that the Brahmins
enjoyed power as a priestly class and they also head the caste system. So
he realised that the caste was the bane of the corporate life, the enemy of
solidarity, of organized and cultural life and Brahmin was the outer form
of its expression. In order to annihilate Brahmanism that condemned the
non-Brahmins to perpetuate subordination and humiliation, he ruminated,
heredity as the basis of society must be discarded.
The caste system was solid, unbreakable and enduring because
the lower classes had no education, they had respected this mental slavery
for ages. Joti, therefore resolved to raise the banner of revolt against the
mental slavery and to throw open the gates of knowledge to the lower classes
by disseminating education among them.
Jotiba (Joti was called 'Jotiba' by his friends and people. The
suffix 'ba' shows respect and endearment.) at the age of 21, decided to
emancipate Hindu women from thraldom. Education is the prerequisite
of the speedy social change. With the education comes the critical attitude
25
and a desire for self respect. He opened school for girls. Jotiba himself
tells us what he did on the eve of starting the first girl's school. "The low
castes Mahars, Mangs, Chambhars etc." he narrates, composing a great
part of my countrymen, being sunk deep in ignorance and misery, the Lord
was pleased to excite in me a desire to better their conditions through
means of education. He also opened a low caste female school. A school
started by a non-Brahmin, a Shudra and for the girls of Shudras and Ati-
Shudras! The stronghold of orthodox Brahmins raised an outcry against
this act, which was to them horrible and sacrilegious. They said knowledge
and learning was seeking shelter in Shudra homes. It was against the will
of God, religion and society to teach the Shudras who had no right to
education according to scriptures and teaching girls was the worst kind
of sacrilege, a horrible outlandish attack on Hindu religion. Women and
the Shudras had no right to education. A woman by nature was regarded
as a frail, untrustworthy, wicked, thoughtless, lewd person. If a woman
was educated she would elope with anybody, would easily be led astray,
will destroy happiness at home. For a women to receive education meant
a sacrilegious act against the caste and the society. If a girl received
education her husband would die prematurely.
Jotiba threw a challenge to the Manusmriti. He declared:
"Follow me, falter not now,
Down with Manusmriti's injuctions,
Education imparts you happiness,
Joti tells you with confidence."
As Jotiba did not conform to social traditions, the tradition
mongers shouted: "Orthodoxy is our doxy! Our religion is in danger. Jotiba
is an enemy of society. He is nobody and a descendant of generations of
26
nobodies!"
As Jotiba could not get a teacher to help him, he took the help
of his wife Savitri whom he had taught at home. The Brahmins threw mud,
dirt, stones at her when she was on her way to school.
Jotiba's genius was in rebellion against the prevailing decayed
customs and worn-out social traditions. The Brahmins exerted pressure
on Jotiba's father Govindrao. They said to Govindrao with rage in their
eyes: "Your son has been disgrace to religion and society. So is his
shameless wife. You are incurring the displeasure of God. In the name
of religion and God we command you to stop this or drive him out." Poor
gardener Govindrao asked his son to “leave either the school or the house.”
Jotiba told his father frankly: "Even at the risk of my life I shall not give
up the cause." Father replied after a dreadful silence for a while. "Then
go where you like" he said grimly but "leave my house together with your
wife whom I am unable to keep under the same roof."
The first school for Hindu girls was started in Calcutta in 1819.
The American Mission started one in Bombay in 1824 when the teacher
had to go everyday to the house of his pupils and bring them to school.
Every child was paid for attending the school. The American Mission
started girls' schools in the neighbourhood of Poona in1840. There was
a girls' school in Poona kept by the Scottish Missionaries. Jotiba was the
first Indian to start a girls' school in August,1848. This was a great
achievement. The gates of knowledge were opened to the lowest of the
low for the first time in India during her history of three thousand years.
Jotiba was the first Indian to effect this miraculous change in India.
Mahatma Gandhi while he was in Yeravada Jail in May, 1933
paid worthy tribute to this precursor of great movement and said that Jotiba
27
was a real Mahatma. Total 48 girls' schools were established at the behest
of Jotiba at various places in Maharashtra. Jotiba was not only the first
saviour of a suppressed people in modern India, but he was also a saviour
of the reformers.
No Brahmin has ever become a universally loved man. A man
devoid of truth cannot be a saint. The cow eats excrement and the Brahmin
call it a mother. Formerly Brahmins ate horses and cows as yajnya sacrifice.
The Antyajas are brothers to Brahmins, but they harass them and even use
them as a sacrifice to Gods. The 'mantras' and 'jaaps' bring about rain are
nothing but sheer nonsense, nor do they beget children. If Mantras could
produce children no Brahmin would die childless. Without Mantras even
widows give birth to the children. Jotiba's teaching can be summarised
as under:-
"Belief in one God, right conduct, equal rights, abolition of the
caste system, equal rights to men and women and brotherly conduct
towards all" this is the epitome of his teaching.
Jotiba said in Sarvajanik Satya Dharma: "All religious works
are written by men and they do not contain truth from beginning to end.
Changes were made by certain obstinate men in these works to suit certain
occasions and the requirements of the times. So religions have not become
equally helpful to all and they give rise to all divisions and cults full of
hatred and envy."
Jotiba said, "To enjoy the company of the prostitutes or to attend
tea party, or to feast on drink and mutton and then to observe untouchability
in regard to one's co-religionist is no virtue. To observe caste system is
no virtue. The caste system is a fraud. Annihilate the idea that a Brahmin
is sacred at all time, at all places. Originally there was no caste system.
28
The Aryans, the Brahmins introduced it for their own selfish ends. If a
sweeper is to be classified a lowly man then one's mother should be
classified a member of that class. The caste system should not be based
on occupation either. A Brahmin boy may not be as meritorious as the
first Shankaracharya and a Chamar boy may be as virtuous as the first
Shankaracharya."
Of morality Jotiba says: "Had Ravan been of a different species
of society, he would not have been invited to the competition arena which
was held to select a spouse for Sita. The Ramayan is not a true history.
It consists of fabricated tales and conveys no moral lessons. He says that
the conduct of Rama and Krishna did not befit a God. The Bible is open
to all, the Koran is open to all. Believers in the Bible and the Koran have
no fears. The Vedas are not open to all because believers in them are afraid
of the weakness in these scriptures being exposed. In short Jotirao Phoole
fought for social justice throughout his life. He believed in equality and
equal rights of women, the Shudras and the Ati-Shudras. He believed in
free social interaction among members of all religious communities and
castes. He not only believed but made necessary efforts to provide
education for the lower castes. Through his "Satya Shodhak Samaj" he
challenged many Brahmin privileges, customs and traditions which were
creating inequality in the society. Mahatma Phooley created militant mood
in the minds of Shudras and Ati-Shudra in Western parts of India.

(8) Swami Dayanand Saraswati 45

Swami Dayanand Saraswati was born in an orthodox Audichiya
Brahmin family, in a village named Tankara, the erstwhile princely State
of Morbi in Gujarat in V.S.1881 (=A.D.1824). His original name was
29
Mool Shankar (Moolji) and also Daya Ram. His father's name was
Karshanji Tiwari. Dayanand felt that the citadel created by the Brahmins
was root of all evils of Hinduism. Therefore he felt the supreme importance
of speaking the truth, the naked truth and the whole truth. He held that
the Varna (Caste or class or order of an individual) is determined by his
merits (Qualifications) and actions and not by birth. This was the greatest
service rendered by Dayanand to the cause of religious and intellectual
as well as social freedom in India in modern times and this alone entitled
him to be called the saviour of Hindu India. He rejected idolatry entirely
not as a harmless error but as positively sinful. This idea of Swami injured
the hearts of the Brahmins and they began to criticise the young reformer.
Dayanand had no faith in caste system as it had prevailed in the country
with infinite gradations. He however accepted four- fold functional
divisions of society wherein the thinkers, the seers and the teachers
occupied the highest place. Swami Dayanand established "Arya Samaj."
He strongly advocated the need for educating women on equal terms and
defended their rights to study Sanskrit and Vedas.
An issue was raised before Dayanand whether the food cooked
by a Shudra would be eaten by a Brahmin which becomes contaminated
if touched by the Shudra. Dayanand declared such arguments as absurd
and said, "How can you object to eat food cooked by or touched by Shudras
when you eat many food articles such as sugar, vegetables etc. not only
touched but prepared by the so called lowest castes and even by the
Muslims?"
Social philosophy of Swami Dayanand Saraswati:-
Swami Dayanand, a great reformer clarified his social
philosophy in the introductory paras of the "Satyarth Prakash." Though
30
I was born in Aryavarta (India) and live in it, yet just I do not defend the
falsehood of the faiths and religions of this country, but expose them fully;
in like manner, I deal with the religions of other countries. I treat the
foreigners in the same way as my countrymen. Dayanand arrested the
process of social and spiritual decay.
"The Vedas do not enjoin 'Shraadha' to the dead ancestors.
Respect and reverence for the living elders in the family is 'Shraaddha.'
There is no mention of 'tilak' (Vermilion mark on forehead) and 'Chaap'
or 'Kanthi' in the Vedas. Besides idol worship in temples of other places,
religious pilgrimages to the sacred places; the system of caste; enforced
widowhood; child marriage; untouchability; painting the forehead, arms
and other parts of the body; tying 'Kanthees' and 'Rudraksha' rosaries;
disallowing Shudras, women and others to read the Vedas or have them
read are all practices and observances against the spirit and letter of the
Vedic philosophy. The Vedas teach worship of one God and equality of
all men before Him, 'Mukti' or 'Moksha' to be gained only by one's good
deeds and never by intervention of anyone."
Dayanand Saraswati was poisoned by the cook, named Jagannath
of Maharaja of Jodhpur. The Maharaja of Jodhpur was reprimanded by
Dayanand for neglecting his official duties because of his infatuation for
a dancing girl of the palace. It was this girl who bribed his cook to poison
Dayanand. When the cook was arrested and produced before Dayanand,
he got him released saying that his mission in life was to liberate people
and not to enslave them. He also gave him money to escape to Nepal so
that he is not punished by the Maharaja! The unusual generosity towards
the murderer symbolises Dayanand's humane approach in all matters
relating to the freedom of man. His great concern had always been to
31
liberate the people from their self-imposed shackles, the slavery of
religious superstitions and social taboos.
Cobweb of outmoded traditions, meaningless rituals, harmful
customs had made the life of Hindus a complex and miserable existence.
The Brahmin controlled every aspects of daily life of a Hindu from birth
till death. If he wanted to travel he must consult the priest for auspicious
days. If he decided to marry or start a business or enter his own house,
he could not do so unless the Brahmin approved of the time and date.
Swami Dayanand was deadly against any differential or
preferential treatment being given owing to the birth of any person in a
high or a low Varna or low caste or profession. According to him, the
Varna-Vyavastha rested on 'guna,' karma' and 'swabhav'(quality, action
and temperament) and not on birth. According to him it was due to greed
or bad 'Sanskaras,' associations, training, character etc. that the varna of
every individual was determined. Cleanliness, good qualities and habits
enable a person who is born in a Shudra family to enter higher varna. Un-
cleanliness makes every person untouchable, whether born in a Brahmin,
Kshatriya, or a Vaishya family while cleanliness makes every person born
in a Shudra family touchable. An untouchable becomes touchable as soon
as he cleans himself by washing his body, clothes etc.
Swami Dayanand's movement not only aimed at eradicating the
evils that bedevilled the society, but it was also an effort at laying the
foundation of a caste-less and class-less society where all men enjoyed
equal opportunities and privileges. Swami Dayanand was appalled by the
religious bigotry of the high priests of society and how they exploited the
people to promote their personal and parochial interests. The high priests
were trying to perpetuate the caste hierarchy to exploit the masses in the
32
name of the religion. Swami Dayanand initiated his movement to put an
end to such exploitation and to create a social order where every individual
was free to pursue his faith without let or hindrance. Dayanand's movement
was aimed at elevating man from the depths of superstition and blind
adherence to tradition to a level of reasoning where he would search for
the solutions to his problems by questioning the self. Spontaneous love
and affectionate consideration for animals and downtrodden was the life-
long mission of Swami Dayanand.
Swami Dayanand gave the resounding slogan "Back to the
Vedas." This indeed was the bedrock of his social and religious reforms.
In fact, a large part of his "Satyarth Prakash" is a critique of Hinduism
having deep linkage with caste-based birth in a particular family, idol
worship, various kinds of miracles, pilgrimages, exploiting priests, holy
man, several types of leaders and sects.
(9) Swami Vivekanand 46
He did nothing regarding caste, caste based discrimination and
untouchability. On the contrary he supported caste system. His main task
remained religious preaching.
(10) Periyar E.V. Ramasamy (September 17, 1879 - December 24,
1973) 47
Erade Venkata Ramasamy was businessmen, politician and a
social activist and social reformer of south India. At a young age he
witnessed numerous incidents of racial, caste and gender discrimination.
Periyar joined the Indian National Congress in 1919 but resigned in 1925
when he felt that the party was only serving the interests of Brahmins.
Periyar propagated the principles of rationalism, self-respect women's
rights and eradication of caste. He opposed exploitation and
33
marginalization of the non-Brahmin indigenous Dravidas people of South
India and the imposition of what he considered, Indo-Aryan India. His work
has greatly revolutionized Tamil society and has significantly removed
caste-based discrimination. Periyar is also responsible for making
statements on the Tami language, Dalits and Brahmins and for endorsing
violence against Brahmins. The citation awarded by the UNESCO (1970)
described Periyar as "the Prophet of the new age, the Socrates of the South
East Asia, father of social reform movement and arch enemy of ignorance,
superstitions, meaningless customs and base manners."
Periyar was of the view that the first duty of the Government
is to run the social organisation efficiently and that the philosophy of
religion was to organise the social system. He felt that for progress of
the people in the country, great social changes were necessary and a good
Government could be formed only after making those changes. He thought
that under the existing social system, there was and there could be no means
of removing the hardships of the people even to a small extent regardless
of who came to power. He felt that the evils of untouchability,
discrimination based on birth, superstitions and blind belief should be
done away with. He launched a "Self-Respect Movement."
(11) Dr. B. R. Ambedkar (1891-1956) 48
He was born on 14th April, 1891. His grand-father Maloji Sakpal
was Havaldar in Bombay Army of the East India Company. His father Ramji
Sakpal also joined the army as a civilian teacher and became Headmaster
with the rank of Subedar Major. Bhimrao, as the boy was named was the
fourteenth child of his parents. Of 14 children of Ramji and Bhimabai,
only five survived - three sons and two daughters.
Being an untouchable by birth, Bhim faced and experienced as
34
a child the same humiliations and difficulties which every untouchable
had to face in those days.
He received good education and academically he was highly
qualified. He was awarded Masters of Arts for his thesis "Ancient Indian
Commerce" on 2nd June, 1915 by the Columbia University. In June, 1916
his Ph.D. thesis "National Dividend for India: A historic and analytical
study" was accepted by the Columbia University.
In October, 1916 he joined London School of Economics and
Political Science for the Degree of M.Sc. (Economics) and D.Sc.
(Economics). He also joined Gray's Inn or Law for the degree of Bar-at-
Law. He was awarded the Degree of Doctor of Philosophy by Columbia
University on 8 June, 1917. The same year he was called back by the
Maharaja of Baroda, his benefactor as the duration of his scholarship
granted to him was over. He returned to India on 21st August, 1917 without
accomplishing his desired object. According to the bond, he was to serve
the Baroda State for ten years. He was appointed as Military Secretary
to the Maharaja Sayajirao Gaekwad. But soon Ambedkar had to leave
Baroda in sheer disgust in view of the continued harassment and ill
treatment at the hands of the caste-ridden society. Drinking water was not
available in office. His subordinates kept distance from him. Even the
peon, fearful of pollution threw files and papers on his desk from a distance.
In Baroda no one was willing to give accommodation to him. As the Diwan
of Baroda expressed his inability to do anything in the matter, Ambedkar
resigned and left Baroda in disgust. So he returned to Bombay in November,
1917.
In November, 1918, Ambedkar was appointed as Professor of
Political Economy in Sydenham College of Commerce and Economics,
35
Bombay at a salary of Rs.40/- per month. Even here in the temple of
learning, he was treated as a pariah by the caste Hindu Professors and
was not allowed to drink water from the pot kept in the Professors'
common room.
In 1920 he resigned from his job and rejoined London School
of Economics and Political Science and also Gray's Inn for Law. Next
year he was awarded the degree of Master of Science in Economics by
the London University and in 1922 he was called to Bar. In 1923 he was
awarded the D.Sc. degree in Economics.
Dr. Ambedkar always raised voice for the upliftment of the
untouchables in our society. He felt that in the matter of pollution, there
is nothing to distinguish the Hindus from the Primitive or ancient People.
He studied Hindu scriptures and objected to wherever he found degrading
remarks against the untouchables and the Shudras. He was very strong
critic of Manusmriti which prescribed various indignities for the Shudras
almost in all matters of human life. Manu had made a provision for getting
rid of defilement by transmission through a scapegoat namely by touching
the cow or looking at the sun after sipping water. The curse of
untouchability has its roots too strong to be easily uprooted. The non-
Hindu society only isolated the affected individuals. They did not
segregate them in separate quarters. The Hindu society insists on
segregation of Untouchables. The Hindus will not live in the quarters
of the untouchables and will not allow the Untouchables to live inside
Hindu quarters. This is a fundamental feature of Untouchability as it is
practised by the Hindus. It is not a case of social segregation, a mere
stoppage of social intercourse for a temporary period. It is a case of
territorial segregation and of a cordon sanitaire putting the impure people
36
inside a barbed wire into a sort of a cage. Every Hindu village has a ghetto.
The Hindus live in the village and the Untouchables live in the ghetto.
World-over, there has never been a case of permanent impurity
based on the rule 'once impure, always impure.' Persons were treated as
impure by Non-Hindu communities and they were even cut off from social
intercourse but there has never been a case of persons having been put
into permanent segregation camps. A whole body of people have been
treated like this by the Non-Hindus communities also at certain places
but they were strangers outside the fold of the kindred but there has never
been a case of a people treating a section of their own people as permanently
and hereditary impure as is done by the caste Hindus in India.
The first shot to herald the freedom of the untouchables was fired
by Dr. Ambedkar in 1927 at Mahad, in Kolaba district of Maharashtra.
The Kolaba district is now renamed as 'Raigad' to honour the memory
of Chhatrapati Shivaji. In 1923, the Bombay Legislative Assembly had
passed a resolution moved by S. K. Bole, a prominent social reformer
in those days, that the untouchables be allowed to use all public watering
places, wells, Schools, dispensaries etc. In pursuance of this resolution,
the progressive Municipality of Mahad resolved in 1924 that the local
Chowdar Tank be thrown open to the untouchables. However, the caste
Hindus did not allow them to take water from the tank. This prompted
Dr. Ambedkar, the liberator and the emancipator of the down-trodden,
to launch an agitation to exercise the right of free access to the Chowdar
Tank. In response to his call, more than ten thousands men and women
assembled at Mahad on 19 March, 1927. Next day the delegates began
their March from the venue of the Conference to the Chowdar Tank to
assert their right of drinking water from the Municipal Tank. Ambedkar
37
was at the head of the procession. Ten thousand volunteers followed their
leader in a file of fours wading through the streets of Mahad in a disciplined
and peaceful manner, the procession reached the Chowdar Tank. Dr.
Ambedkar, the most gifted and qualified untouchable ever born in India,
asserted the right of the suffering humanity by drinking water from the
forbidden Tank. Most of the volunteers also followed suit and vindicated
their right. This was truly an historic event. Never before the so the called
untouchables had demonstrated their determination to assert their right
in such a glorious manner. The participants of the procession returned
to their venue of Conference peacefully. Meanwhile a rumour spread that
Ambedkar and his men were planning to enter into the Veerashwar temple.
The fanatic caste Hindus attacked unarmed men, women and children and
mercilessly beaten them up. The commando attack on the 'Pandal' was
followed by attacks on splinter groups of the delegates returning to their
villages. In spite of all this beating and humiliation, Ambedkar advised
his followers to be calm and not to retaliate. Thus first part of the epic
struggle of the victims of untouchability was over. Soon after news came
that the orthodox Hindus had performed a tank-purification ceremony
which they thought had been polluted by Ambedkar and his people. In the
meanwhile the Mahad Municipality revoked on 4 August, 1927 its
resolution in accordance with which the Chowdar Tank was thrown open
to the untouchables. Hence the untouchables decided to besiege Mahad
again. Accordingly thousands of Satygrahis reached Mahad on 2nd
December, 1927. This time more than fifteen thousand untouchables
turned up for the Mahad agitation. Ambedkar, the saviour of the down-
trodden while addressing the mammoth gathering said, "At the outset let
me tell those who oppose us that we did not perish because we could not
38
drink water from this Chowdar Tank. We now want to go to the Tank only
to prove that, like others, we are human beings." The conference then passed
a number of resolutions aimed at social, religious and political upliftment
of the down-trodden people. One of the resolutions related to Manusmriti,
an old Hindu scripture which preaches inequality and directs moulted lead
to be poured into the years of the Shudras if they dare to hear or read the
Vedas. The condemnation of Manusmriti was not only confined to a verbal
resolution but the copy of it was also ceremoniously burnt, in a specially
dug pit, in front of the 'Pandal.' "This act" says Keer, "was one of the greatest
sacrilegious blows ever since the days of Luther upon the egoistic bigots,
custom-mongers and no changers on earth. December 2, 1927 is,
therefore, a red-letter day in the annals of India as it was on this day
Ambedkar burnt the Smriti and demanded a new one in order to reshape
the Hindu Code governing the life of so vast a people.
In the initial stage of his career he adopted methods of Satyagrah.
These methods proved effective. However from 1927 to 1935, he helped
organise campaigns to force the opening of Hindu temples to
untouchables. The Amravati Satyagrah in 1927, Parvati temple entry
Satygrah (Poona) in 1929-30 and five year long Satygrah for temple entry
at Nasik that ended in 1935, are well known in this respect. It may be noted
that these efforts were conducted in the Gandhian style of Satyagrah and
Ahinsa, which aimed at gaining religious and social rights for the
untouchables and emphasised more on internal reforms than on changing
the Indian society. It is evident that he wanted to awaken the untouchables
for their social uplift. He wanted to generate the spirit of equality in them.
He advocated the abandonment of customs and practices associated with
untouchability and asked the untouchables to lead a clean life. He was
39
instrumental for signing the Poona Pact which provided for reservation
of seats for the downtrodden community in the general Hindu
constituencies.
Dr. Ambedkar was a fine speaker and a prolific writer. He was
a nominated member of the Bombay Legislative Council from 1926 to
1934. Here he could support Bills for the socio-economic upliftment of
his community. In the Round table Conference, he was an official nominee
and demanded concessions for his community. In early 1940s he organised
the All India scheduled Castes Federation as a Political Party. For his
meritorious services to the nation, he has been awarded Bharat Ratna
(Posthumously) in 1990.
Dr. Ambedkar spent his whole life for the upliftment of Harijans
in Indian sub-continent. After he finished his educational career, he had
the realisation that substantial measures are needed for the improvement
of the socio-economic conditions of the Backward Classes. He fought
for their basic rights in our society and thus gained success in his mission.
Dr. Ambedkar had done a yeo-man's service to the cause of the Depressed
Classes. His independent thinking and action has brought about
phenomenal change in the status of the depressed Classes. He has not only
infused confidence in them but he has also awakened the caste Hindus.
Ambedkar's personality, erudition and capacity to lead and organise would
have by themselves marked him out as an outstanding assets to our Nation.
But in addition to that the inestimable services he had rendered to our
Motherland in trying to stamp out untouchability and the results he has
achieved in instilling a manly spirit of self-confidence in millions of the
Depressed Classes, constitutes an abiding, patriotic as well as humanitarian
achievement. He was one of the framers of Indian constitution through
40
which he abolished untouchability and made many provisions including
political reservation and reservation in public services to uplift the
downtrodden people of India. The Constitution was adopted, enacted and
given to the people of India on 26th November, 1949. Member after
member in the Parliament expressed his appreciation of the work done
by the Drafting Committee and praised Dr. Ambedkar for successfully
drafting and piloting the Constitution of free and independent India. Some
members hailed him as modern Manu (Law-giver) while others showered
upon him the choicest words of praise.
After his sad demise on 6th December, 1956, Jawaharlal Nehru,
the first Indian Prime Minister of India, in an obituary said, "But I imagine
the way he will be remembered most will be as a symbol of the revolt against
all the oppressive features of Hindu society."
He was a rebel against the injustice in the status-quo, the sphere
was social or economic.
Dr. Ambedkar passed away peacefully in sleep in early morning
of Thursday, 6 December, 1956 in Delhi. About ten lakhs people
participated in funeral procession. Acharya Atre, Marathi Editor,
addressed the unprecedented condolence meeting. In the end, Acharya Atre,
raising his hands towards the sky and said: "Oh God of the sky! Come and
see, you will never witness such a scene in future." Dr.Ambedkar's life
was great, his death proved even greater than that."
The obituary expressed by Dr. Ram Manohar Lohia very
correctly portraits the contribution of Dr. Ambedkar as under:-
"Dr. Ambedkar came as Messiah for the untouchables of India.
He was one of the greatest nation-builders. He was a great crusader for
social equality. He was against oppression and exploitation of any kind
41
in any shape. Because of caste-system, India was enslaved. Caste is the
greatest hindrance in the progress of our country. Dr. Ambedkar fought
gallantly against caste system so that there could be a feeling of brotherhood
among all Indians. If the Indians wish to strengthen and maintain national
unity, they have to destroy the evil of caste. Without destroying caste, the
Parliamentary democracy cannot survive in this country. Like Dr.
Ambedkar, we must create among us courage, confidence, fearlessness
and will to change the society. We must get rid of all disparities of caste,
creed or colour. Dr. Ambedkar was such a great leader whose ideals,
philosophy of life, wisdom and intellect, compassion, service and sacrifice
will continue to show light to the Indians for centuries to come." Dr. Zakir
Hussain stated: "...Dr. Ambedkar commanded the esteem and admiration
of his friends and adversaries alike. A giant among intellectuals, in legal
acumen and Parliamentary skill, he had few equals among his
contemporaries. Dr. Ambedkar will be remembered for ever as one of the
Chief architects of Independent India's Constitution, as one of the ablest
administrators of high calibre and integrity and as a founder of Neo-
Buddhism in modern India."
He resigned as Union Law Minister over his differences mainly
on Hindu Code Bill. He claimed that the Hindu Code was the greatest
social reform measure ever undertaken by the Legislature. No law passed
by the Indian Legislature in the past or likely to be passed in the future
can be compared to it in point of its significance.
Dr. Ambedkar visualised that Hindu society was static,
untouchability was recognised by Hindu religion and caste was the corner-
stone to the arch of Hinduism. He left Hinduism and embraced the religion
of Gautam Buddha. Dr. Ambedkar was a giant among intellectuals and
42
a social reformer. At a very early stage of his career he realised, in a serious
way, the pitiable conditions of the untouchables. He made up his mind
to devote his whole life for the socio-economic upliftment of the
downtrodden people. He was of the view that "One must distinguish
between the freedom of a country and the freedom of the people in the
country. The words, such as society, nation and country are just amorphous
if not ambiguous terms..." According to him, political democracy must
be based on social democracy."A democratic form of Government," he
says, "Presupposes a democratic form of society."
In his historic speech in the Constituent Assembly on 25
November, 1949, Dr. Ambedkar said:
"We must make our political democracy a social democracy as
well. Political democracy cannot last unless there lies at the base of it social
democracy. What does social democracy mean? It means a way of life which
recognizes liberty, equality and fraternity as the principles of life."
Continuing further, he said in a prophetic tone: "On the 26th January, 1950,
we are going to enter into a life of contradictions. In politics we will have
equality and in social and economic life we will have inequality. In politics
we will be recognising the principle of one man one vote and one value.
In our social and economic life, we shall, by reason of our social and
economic structure, continue to deny the principle of one man one value.
How long shall we continue to live the life of contradictions? How long
shall we continue to deny equality in our social and economic life? If we
continue to deny it for long we will do so only by putting our political
democracy in peril. We must remove this contradiction at the earliest
possible moment or else those who suffer from inequality will blow up
the structures of political democracy."
43
 Dr. Ambedkar was a social rebel. He rebelled against the
absurd notion that the position of each individual in this life has been
determined by his merit or demerit in his previous births, and that his place
in the social organism is irrevocably fixed and cannot be changed. He
fought bitterly against the protagonists of inequality and exploitation, and
made heroic efforts to inspire the down-trodden classes to raise the banner
of revolt against the Hindu social system. He stirred the conscience of
both the oppressed and the oppressors alike, fought gallantly against the
die-hards and ultimately succeeded in breaking the shackles of slavery
of the servile classes." He belonged to Mahar Community. As seen above,
he was highly educated who devoted his life to the problem of
untouchability and wrote extensively on the subject. He worked with
untouchables before independence. He made them aware of their social
rights - the causes of their poor condition and the ways of improvement.
He exhorted them not to succumb to the pressures of high castes. He advised
them to receive education and move to other respectable occupations.
After independence, 2nd stage of his life began which left
permanent indelible imprint on the history of India. As seen above he was
appointed Chairman of the drafting committee of the Constitution of India.
He was successful in giving new turn to history and to the conditions of
untouchables. He was most genuinely concerned with the plight of the
untouchables and also of the plight of Indian women - two groups of
society whom he regarded as oppressed.
(12) Mahatma Gandhi:- (October 2, 1869 - January 30, 1948)
He was the first Indian Social reformer to carry on an organised
movement at national level against the untouchability practised towards
the oppressed castes. He involved Indian National Congress in the task
44
of development of untouchables and for removal of untouchability from
the society. He advocated and persuaded the Hindus to allow
untouchables’ entry into Hindu temples, schools and other public places.
He had concrete construction plan of social work for Harijans. He admitted
Harijans in his own Ashram against very stiff resistance and opposition
from the caste Hindus and especially the industrialists who used to donate
money to run the Ahram but he was very firm and did not budge at all from
his commitment for the cause of upliftment of the Harijans. He believed
in the Chaturvarna System and was not in favour of occupational mobility
and he rigidly believed that one should not change the occupation of one's
varna which he gets by birth. There was lot of change after he came in contact
with Dr. B. R. Ambedkar in 1931 as observed by a sociologist Mark Lindley.
Mark Lindley believes that Gandhiji met Dr. Ambedkar in 1931 and
thereafter his (Gandhiji's) thoughts on caste and varna changed.
Dr.Ambedkar believed that the caste and untouchability can be removed
from the society by two methods/ways: (1) By Inter-caste marriages and
(2) by Religious conversion. Gandhiji was status quoist in the initial stages
of his life and believed that one must marry in one's own caste only and
that he should never change his religion howsoever lofty the other religion
might be, but subsequently changed his stand and declared that he will
bless only those couples who enter into inter-caste marriage and he will
never give his blessings to couples who enter into wedlock in their own
caste. So far as religion is concerned he declared: "Untouchability is a
blot on Hindu religion and it is the duty (Dharma) of every Hindu to remove
it." The firmest determination to abolish untouchability took place in the
minds of both these great Indian leaders i.e. Gandhiji and Dr. Ambedkar
from their own bitter personal experiences. So far as Gandhiji was
45
concerned the bitter experience was at Maritzberg in South Africa where
he was thrown out of the railway compartment even though he had
purchased 1st class railway ticket, due to racialism prevalent in South
Africa. When he pleaded before the Superintendent of the concerned
Railway Station he was retorted:"Mr. Gandhi, do you allow untouchables
in your country to sit beside you? So saying his request was turned down
by the White British Station Superintendent. Gandhiji took a firm decision
to make sincere efforts for abolition of untouchability when he returned
to India from South Africa. Dr. Ambedkar had counless bitter experiences
but the worst was at Baroda when though he was Military Secretary of
the Maharaja of Baroda, the peon used to throw files and papers on his
table for the fear of being polluted due to the touch of an untouchable
and finally he was ousted from a house when the fact became known that
he was an untouchable. Before boarding train for Bombay, he sat in Kamati
baug, a public garden near Kala Ghoda in Baroda along with his baggage
and wept incessantly due to the inhuman treatment meted out to him in
Baroda due to untouchability and caste based insults and humiliation he
faced in Baroda and firmly decided to do his best to ameliorate the
untouchables from such deplorable social conditions. Both these great
Indian leaders did their best in the field of social change and their
contribution in this regard is truly historic and un-comparable with any
political leaders of India till-date.
(13) Christian Missionaries:-
They were the first to highlight the fact that untouchables were
denied education and this was the main cause of their low status and
poverty. Missionaries played pioneering role in opening the gates of
knowledge to lower and untouchable castes in India prior to independence
46
during British rule. The first school for Hindu girls was started in Calcutta
in 1819. The American Mission started one in Bombay in 1824 when the
teacher had to go every day to the house of pupils and bring them to the
school. Every child was paid for attending the school. The teacher's pay
depended on the number of pupils he brought to school. The American
Mission started girls' schools in the neighbourhood of Poona in 1840.
There was a girls' school in Poona kept by the Scottish Missionaries. As
it was a Christian girls' school, it could grow. Jotiba was the first Indian
to start a girls' School in 1848. Thereafter the various Missionaries opened
educational institutions throughout India and they made good
contribution in the field of education in India.
Some social organisations like (1) Param Hans Mandali (2) The
Bombay Native Education and (3) The Gujarat Sansar Sudhara Samaj did
contribute their mite in the field of Social Reforms. Other lesser known
social reformers like Bal Shastri Jhambleka, Gopal Hari Deshmukh, Gopal
Genesh Agarkar, V.R.Shinde, A.V.Thakkar, Mama Saheb Fadke, Shahu
Chhatrapti, Durga Rama Mehta, Ranchhod Das, Girdharbhai, Nand
Shankar Tulja Shankar, Naval Ram Lakhi Ram Pandya, the Gujarati poet
Narsinh Mehta in one way or the other contributed in the field of social
reforms to a considerable extent.
The law especially social law i.e. social legislation always aims
at social change in a desired manner and direction with intent to replace,
annul or curtain certain social practices. The people in a democratic system,
desire such changes in society through their elected representatives. The
law, thus comes into existence and is employed as catalyst for social change,
needless to say which provides for certain formal punitive mechanism,
threat and fear so created by such law certainly bring social change in a
47
desired manner to a great extent provided its implementation is done
sincerely, honestly and with desired commitment and dedication by the
agencies concerned with this task which becomes legal task from social
task after passage of such law by the Legislature.
Anthony Giddens in his "Sociology" says that "social change is
difficult to define, because there is a sense in which everything changes,
all of the time. Everyday is a new day; every moment is a new instant in
time." The Greek Philosopher Heraclitus pointed out that a person cannot
step into the same river twice. On the second occasion, the river is different,
since water has flowed along it and the person has changed in subtle ways
too." Man is wedded to certain ideologies regarding sex, education and
religion. On account of his dogmatism and ideologies he is not prepared
to change his institutions.
Thus it can be seen that "change" whether it is "Social change"
or other change is a process and not an incident. It is a continuous process
which requires continuous observation to understand the same for
appropriate measures whenever or wherever such measures are required
to be taken. Ogburn gave the concept of 'Social Lag' or 'Cultural Lag'
and divided it into material and non-material culture. He said, "People
have changed their methods of cultivating the soil, but not the method
of owning the land."
The subject of this Study is "Law as an instrument of social
change - A Sociological study of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989." The first point that strikes
our mind is why such a law was required to be enacted by Indian Parliament
and what was the aim and objective of such law which mandates social
change by an instrument of law. The second question that strikes our mind
48
is what was the social scenario in India which compelled such a strict legal
measure on social front?
As is well known to all, Hindu society is based on the principle
of hierarchical social order permitting virtually no upward social mobility.
If a triangle is formed of divisions of Hindu society, in a socially stratified
manner, following picture will emerge which will succinctly portray the
entire social order on which Indian Hindu social structure's edifice is
created:-
Stratification of Hindu
Society (Triangle)
1 1 ☛ 3%,
Brahmins

2 2 ☛ 4.9%
Kshatriya

3 3 ☛ 5%,
Vaishyas

Shudra+Ati-Shudra
4 4 ☛ OBCs. 52%
O.B.Cs/S.Cs / S.Ts S.Cs. 16.2%,
S. Ts. 7%,

Caste-wise estimated population of India: Brahmins 3%,

Kshatriya 4.9%,Vaishyas 5%, Scheduled Castes 16.2%,Scheduled Tribes
7%, OBC 52% - rest is religious minorities like Muslim, Christians and
Sikh etc.
The above rigid, dogmatic division of society did not permit even
an iota of upward social mobility. The Brahmins who are at the top in
the pyramid enjoy all sorts of freedom, liberty and social mobility upward,
downward and horizontal but the same is denied to the other strata in the
pyramid and totally and absolutely denied to the lowest strata i.e. Shudras
and Ati-Shudra. However to slacken the opposition to Varnavyavastha
(Varna-arrangement) Sloka49 as mentioned below too were cleverly
49
provided to befool the general public and to provide an eyewash to the
grave injustice and disabilities caused to the low born people:-
…‹}æÝæ …æ²„ï àæêÎí: ¨¢SÜUæÚæÎì çm… ©Ó²„ï J
±ïÎ抲²ÝæÎì ç±ÐíS„é Ïæíræ¿ææÝæÎì Ïæíæræ‡æ: JJ
All are born Shudras by birth. Then they are called "Dwij" when
they acquire culture (sacraments). They become 'Vipra' by study of Vedas
and they are called 'Brahman' when they acquire Supreme Knowledge
(Brahma gyana).
This claim is absolutely misleading as this was never
implemented. This Sloka (Stanza), ex-facie indicates about prevalence
of social mobility and negates the caste or varna based rigidity which is
in fact not true. See following social arrangements:-
"No janoi (Sacred thread worn by Brahmins) to Shudra - 50
Without janoi no Vedadhayan is permitted,
No Brahmagyan (Supreme knowledge) without Vedadhayan."
So such claims contained in some scriptures appear as a
programme of eyewash only and it hardly provides any real solace to the
Shudras. Even the protagonists of caste/varna system have laid down
principles as to how to name the new born. The system says that Brahman's
name should be auspicious (Mangalkam)51, the Kshatriya name should
be awe-aspiring (Balyukta), the Vaishya's name should be wealth oriented
(Dhanyukta) whereas the Shudra's name should be contemptuous and
nauseating (Jugupsa prerak). Therefore we find only Shudra's name such
as "Kachra", "Khodio", "Uko", "Gandio," "Gabhlo" etc. The Shudras were
not even permitted to keep good names of their children. There was ban
on good-naming of the Shudras. This is seen even to-day so far names
of all castes are concerned. The Shudras were forced to accept such unjust
50
social order as fate accompli till slightly before the dawn of independence.
Religious basis / foundation of Chaturvanya System :-
For clarity of Subject under Study, it is essential to know about
the emergence of "Chaturvarna" and "Caste System" of Indian society.
Very clear and unambiguous references about Chaturvarna system are
available in Bhagavad Gita as under:-
™æ„é±ü‹²¢ }æ²æ ¨ëC¢ xæé‡æÜU}æü ç±|ææxæàæ: J
„S² ÜU„æüÚ}æçÐ }ææ¢ ç±Î슲ÜU„æÚ}æò²}æì JJ 13 JJ52
Gita Chapter-4-Sloka No.13
Lord Krishna says that "according to the three modes of material
nature and the work associated with them, the four divisions of human
society are created by me. And although I am the creator of this system,
you should know that I am yet the non-doer, being unchangeable."
The Lord says that he had created the Chaturvarna (Fourfold
division) not on the basis of one's birth but on basis of one's merit and
performance (Guna + Karma) but the system seems to have degenerated
into rigid divisions determined by birth and birth alone which created all
ills and inequalities of all sorts in the society. As per Lord Krishna, there
was complete social mobility in his creation as he says in Chapter-18 Sloka
No.41 which is as under:-
Ïæíæræ‡æ ÿæç~æ² ç±àææ¢ àæêÎíæ‡ææ¢ ™ ÐÚ‹„Ð J
ÜU}ææüç‡æ Ðíç±|æv„æçÝ S±|ææ± Ðí|æ±ñ xæé‡æñ: JJ 41 JJ53
Gita Chapter-18-Sloka No.41
"Brahmanas, Kshatriyas, Vaishyas and Sudras are distinguished
by the qualities born of their own natures in accordance with the material
modes, O chastiser of the enemy."
This division is based not on birth but on work (Karma) and work
51
is decided as per the natural inclination and interest of the individual. The
Lord has further described what type or sort of qualities each individual
in each division should have in this same Chapter No.18 as under:-
àæ}ææï Î}æ: „Ð: àææñ™¢ ÿææç‹„Úæ…ü±}æï± ™ J
¿ææÝ¢ 籿ææÝ¢ ¥æçS„v²¢ ÏæíræÜU}æü S±|ææ±…}æì JJ 42 JJ54
Gita Chapter-18-Sloka No.42
"Peacefulness, self-control, austerity, purity, tolerance, honesty,
knowledge, wisdom, righteousness-these are the natural qualities by which
the Brahmanas work."
Thus Brahman is not one who is born in a Brahman family but
one who possesses above nine prescribed virtues by his natural endowment
and personal achievement. The second layer in the Chaturvarna i.e.
Kshatriyas'-virtues are mentioned as under:-
àææñ²Z „ï…æï Íæëç„Îæüÿ²¢ ²éhï ™æŒ²ŒæHæ²Ý}æì J
ÎæÝ}æèà±Ú |ææ±à™ ÿææ~æ¢ ÜU}æü S±|ææ±…}æì JJ 43 JJ55
Gita Chapter-18-Sloka No.43
"Heroism, power, determination, resourcefulness, courage in
the battle, generosity and leadership are the natural qualities of work for
the Kshatriyas."
Thus it can be seen that one who is born in a Kshatriya family
is not a Kshatriya but one who possesses above seven qualities is a Kshatriya.
Similarly Lord Krishna describes the qualities of Vaishya and
Shudra as under:-
ÜUëç¯ xææïÚÿ² ±æç‡æÁ²¢ ±ñà²ÜU}æü S±|ææ±…}æì J
ÐçÚ™²æüy}æÜU¢ ÜU}æü àæêÎíS²æçÐ S±|ææ±…}æì JJ 44 JJ56
Gita Chapter-18-Sloka No.44
"Farming, cow protection and business are the natural work for
52
the Vaishyas and for the Shudras there is labour and service to others."
Here again, distribution of occupation is as per his nature and
work cum-performance with innate qualities and same is not birth related
which subsequently became the order of the day with absolute rigidity
leaving zero scope of any upward social mobility which resulted in unjust
social order based on inequality and deprivation to large sections of the
Indian society and which subsequently degenerated in caste and which did
not remain restricted to four fold divisions but resulted in multi-divisions
running in hundred and thousands, each caste being ascribed a social status
and rank on the basis of birth and such birth bench mark can never be
changed till death and thereafter too leaving absolutely no chance to social
mobility at all. Such a tight and rigid divisions of members of (Hindu)
society perhaps not existed anywhere in the world. This made Indian
Society pluralist and a heterogeneous entity with many inner
contradictions, conflicting interests and mutually exclusive ideologies
and differentiated mind-set leaving less or no-chance even for ordinary
social interaction and social relations with one another. Almost on all social
occasions, right from birth to death, cradle to graveyard or cemetery, that
being differently earmarked for each caste or community in each village,
indicates caste based exclusion. "We are different" "We are separate" and
"We are different, separate and therefore higher than you" attitude besieged
entire Indian population which continued till date. Such mindset, thinking
and attitudes are not in tune with the new era and are not compatible with
current democratic environment which endears the principles of Liberty,
Equality and Fraternity. This led the Indian society into undesirable
diversity which adversely affected social solidarity and fragmented its
social fabric which created social heart burns in each individual and each
53
varna or caste. The Hindu caste orientation was not / is not complimentary
but conflicting one. This led to the diversity and complexity of Indian
society which called for remedial social measures from age to age and
from time to time. The social group, caste or varna which is autocratically
ascribed lower social status with entangling social disabilities nursed
greater heart burns than those social groups / castes or varnas which were
absolutely free from any such stigma which were in the fate of the Shudras
and Atishudras.
From Shri Krishna's account, it seems that after Vedas, the Varnic
or Casteist degeneration seems to have set in the system which compelled
him to clarify about the system and emphasise the principles of liberty,
equality and fraternity in very clear terms. He advocated that there is no
difference between dog and Brahmin and both should be treated equally
and seen at from equipoise manner. His philosophy of above equality is
reflected in Chapter-5 of Bhagavad Gita as under:-
ç±læ ç±Ý² ¨}ЋÝï Ïæíæræ‡æï xæç± ãçS„çÝ J
àæéçÝ ™ñ± à±ÐæÜUï ™ Ðç‡Ç„æ: ¨}æÎ<àæÝ: JJ 18 JJ57
Gita Chapter-5-Sloka No.18
The humble sages, by virtue of true knowledge, see with equal
vision a learned and gentle Brahmana, a cow, an elephant, a dog and a dog-
eater (outcaste).
Rigvedic reference to creation of Varna :-
However accounts available about varna and caste and
disabilities arising out of them are quite horrific from all angles including
human angle. The Hindu caste system has been characterised by a rigid
system of ascribed hierarchy. The traditional Hindu Theory is expounded
in the tenth Mandala of Rigveda,58 which explains the theory of evolution
54
of four 'Varna' in the famous 90th hymn, known as"Purush Sukta" which
says:- “The Brahman was His mouth, the Rajanya (Kshatriya) was His
arms, that being "Vaishya" was His thighs and the "Shudra" sprang from
his feet.” During Rigvedic period social and economic condition of
Shudras was not very bad. Vaishyas were fighting and Shudras were tilling
the land. Even the rules of inter-dining and inter-marriage were not so
strict. Inter varna marriages were permissible. The brides were acceptable
even from low dynasty / clan.
“ÜU‹²æ ÚyÝ}æì ÎécÜUéHæÎçÐ xæíæs}æì I”
The bride is like a jewel and hence she can be accepted even from
the lowest family of any class or caste. This shows the acceptability of
brides from even lower strata of society by members of so called higher
strata. But during post vedic age, the caste system grew strong and some
of the examples of such strictness and caste rigidity are as under:-
(1) The milk to be used for oblation was not allowed to be mixed by
a Shudra.
(2) He was not to be addressed by a person consecrated for sacrifice.
(3) Not allowed even to be present in the hall where sacrifice was being
offered.
(4) Shudra was untruth itself - The Satapatha Brahma.
(5) Baudhayan mentions the uneasiness that a Shudra husband suffers
whose wife is a mistress of an Aryan.
(6) Vashishta quotes that a woman of the black race meaning a Shudra
- was meant only for enjoyment and not for furtherance of any higher
motives.
(Baudhayan, 151)
55
Punishment for Shudra prescribed by Apastambha :-
(1) He shall erect hut in the forest, restrain his speech, carry
on his stick the skull of the person slain, like a flag and cover the space
from his naval to his knee with a quarter of a piece of hamper cloth.
(2) He may, go to seven houses only crying who will give
alms to an Abhishasta (one accused of moral sin). If he does not obtain
anything in seven houses, he must fast. This penance must be performed
for twelve years.
i. Fasting.
ii. Living in jungle.
iii. Tending cows.
Different punishments for different faults :-
The punishments were generally so long, so tedious and
humiliating that people feared to mix with the Shudras. This led to the
seclusion of the fourth class. Yet from time to time Brahmins tried to
prevent the mixture of races. As if they were scared that mixture en-mass
might produce a class who might defy their own low status or question
'the ultimate status of the Brahmins.' Elaborate rules were, therefore laid
down about the penance for mixing with lower castes. For having physical
relations with untouchable woman or for drinking from the wells or vessels
defiled by untouchables, for partaking of their food, punishment
prescribed by Apastambha are as mentioned above.
To justify their lower status and sanction to punish them for crime
committed, Hindu Mythology traces the norms as narrated by different
Gods themselves.
56
 (1) Shudras were called 'Padaja' meaning 'born from the
feet' and repeatedly wrote that God created Shudras to be the 'Slave of
all.'59
(2) A Shudra was to be supported, to be fed, to be clothed
with the remnants and castaways and food and raiment by the three varnas.
(3) Manu Says -
"Chandala should wear the clothes of the dead."
(4) Vasishtha declares him to be a burial ground. He says
- the Vedas must not be recited in his presence, no advice must be given
to him, nor the remnants of the offerings to the God. Holy laws must not
be expounded to him, nor he be asked to perform a penance. He was denied
the right of investiture and consequently the first stage of the individual
life - the Brahmacharya or the studentship.
However, the so called untouchables were not entirely excluded
from the worship. They could worship the images of the Avtars of Vishnu.
(5) Hiranya Sindhu quotes a passage of Devi Puran that
authorises the 'Antyaja' to establish a temple of 'Bhairava.'
(6) The Bhagawata Puran says that even 'Antyajas' were
pured by listening to the praises of names of Hari.
(7) The Doms and Matangs had their own deities known
as the 'Yakshas.'
They followed what Robert Redfield has labelled the 'Little
Traditions of Hinduism.'
This was probably allowed in order to keep Shudras within the
Hindu fold. Since the influence of Buddhism and Jainism during this period
57
was increasing and the former opened their doors even to Chandals,
Pukkasas, who it was proclaimed, could attain even 'Nirvana.'
It therefore became necessary to at least allow 'Shudras' to
worship, for if they left Hinduism, they could also have stopped respecting
Brahmins and might have changed their occupation in course of time.
In Hinduism, certain low castes were forced to stick to their
profession and were not allowed to change their occupations. The privilege
of worship was restricted up to their own homes and temples and they
were not allowed certain rituals and sacrifices allowed to higher castes
only. They could not kindle the sacred fire and thus even their marriage
was not regarded as a sacrament, intended for the fulfilment of religious
duties but only as a Sexual Union. Out of eight forms of marriages, the
two forms recommended for them are entirely devoid of religious content.
In fact, one of them may be termed as rape and the curious justification
offered for this prescription is that the Shudras are not particular about
their wives. (Baudhayan p. 207).
A Shudra committing adultery with women of the first three
varnas had to suffer capital punishment, the severity of which increased
with the caste status of woman violated.
Illicit physical relationship with the females of lower castes by
males of higher castes was however not regarded as a serious offence.
The only punishment for such deed, was to reduce the male and his children,
having relations with 'lower caste' female to the status of the female,
whereas in the case of lower caste male committing similar crime with
higher caste female, he could be killed brutally.
58
 Table N0.1-2
Crimes and Punishments based on Varna and not on offence.60
(1) Slaying of a Brahmin by a Non-Brahmin Death and confiscation of all his property.
(2) Slaying of a Kshatriya Fine of 1000 Cows.
(3) Slaying of a Vaishya Fine of 100 Cows.
(4) Slaying of a Shudra Fine of 10 Cows.
(5) Kshatriya abuses Brahmin 100 Pan (Їæ) Fine. Chapter No.& Slok
No. of Manusmriti
8/267
(6) VaishyaabusesBrahmin 150 Pan(Їæ)Fine. 8/267
(7) Shudra abuses Brahmin To be killed (capital punishment) 8/267
àæéÎíS„é ±{}æãüç„ 8/267
(8) Brahmin abuses Kshatriya 50 Pan (Їæ) Fine. 8/268
(9) Brahmin abuses Vaishya 25 Pan (Їæ) Fine! 8/268
(10) Brahmin abuses Shudra 12 Pan (Їæ) Fine. 8/268
(11) Shudra hurls filthy abuses on two varna Chop off his tongue 8/271
(Dwij varnas)
(12) If Shudra utters the name and Very hot iron rod of ten fingers 8/271
caste and abuses the dwij varna length should be pierced into his
mouth.
(13) If a Shudra preaches religion to Brahmin The King should pour highly 8/272
boiled oil in his mouth and ear.
(14) If Brahmins and Kshatriyas Brahmins-350 Pans' fine. 8/276
abuse each other Kshtrayas-500 Pans' fine.
(15) Vaishya and Shudras abuse each other Vaishyas-350 Pans' fine. 8/277
Shudras-500 Pans' fine.

59
(16) Who steals Brahmins' cow, yokes cow Half leg should be chopped off. 8/325
for cultivation and kidnappers of other
animal
(17) Adultery Brahmin-Nopunishment 8/365
Others-Capital Punishment
(i) Adultery - by (i) No punishment
lower varna No fine.
womanwith
highervarna
man.
(ii) Adultery - by She should be strictly controlled 8/365
upper varna in house.
womanwith
lower varna
man.
(iii) If lower varna To be killed (Captital punishment) 8/366
manadultering
withhigher
varna's woman
Height of Punishment for women
(18) If a woman In the presence of many 8/371
for arrogance of people in a fair, the King should
her caste or virtues let loose dogs on her to be
disrespects her husband finished by eating her flesh.
|æ„æüÚ¢ H¢Íæ²ïÎ
(Ðç„ ÜUè }æ²æüÎæ }æï¢ Ý ÚãÝï±æHè)

60
(19) Adultery
Discrimination on varna.
1. If a Shudra 1. His penis should be 8/374
enjoys a woman chopped off.
of dwij varna
who has no
husband.
2. If he enjoys a All limbs of his body should be 8/374
woman of dwij shopped off. His property should
varna who be confiscated.
has husband.
3. If a Vaishya does 3. One year imprisonment. 8/375
intercourse with a
Brahminwoman
who has husband.
4. If Kshatriya does 4.1000 Pans' fine. His head
this same sin. should be soaked in donkey's
urine and shaved off.
(20) Rape Punishment for Brahmin
If a Brahmin commits 1000 Pans' fine 8/378
rape on Brahmani (Rape permitted with a
who has a husband. 1000 pans)
(21) If intercourse is with 500 Pans' fine 8/378
consent of the Brahmani
(22) In adultery case Punishment for a Brahmin is 8/384
only shaving of his head and
that will be treated as capital
punishment for him.

61
(23) If adultery is Capital Punishment 8/379
committedby
person other
than a Brahmin
(24) Brahmin,ifcommitted No capital punishment should
all sins and offences be done. He should be externed
(banished) from the country with
his body intact with all his wealth.
(25) If a Brahmin commits 1000 Pans' fine. 8/384
adultery with Kshatriya
or Vaishya woman
with husband.
(26) If a Kshatriya or a 1000 Pans' fine. 8/384
Vaishyamancommits
adultery with a Shudra
woman
(27) If a Vaishya commits 500 Pans' fine. 8/384
adultery with a Kshtriyani
without husband, or
unmarried Kshatriyani or
Vaishyawoman.
(28) If a Brahmin enjoys a 500 pans' fine. 8/385
Kshatriyani or Vaishya
or Shudra woman without
husband.
(29) If he enjoys an 1000 Pans' fine. 8/385
Antayaja woman
62
 Brahmins are authorised61 to usurp the wealth of Shudra. If such
social arrangement ordained in scriptures is man-made, there is yet scope
for change, improvement and correction but if it is advocated that the same
is God-made and divine, then there is no scope for any remedy as it is shown
to have been directly made by Brahma, the God.
Similarly as punishment, the Brahmins and Kshatriyas, in spite
of the fact that they were land-owing class, were free from any taxation.
Not only punishment, not only taxation but even dress code, dress
order was also different and caste based in India.
Discriminatory Dress Code 62
(1) Chandals - Supposed to wear the undergarment of red
colour around which a belt was tied, about his dirty upper garment and
an earthen pot was to be tied around his neck so that if he spits, he should
spit in the pot, for, his spit on the floor might defile upper caste Hindus.
(2) Sweepers - In Gujarat they were supposed to tie a broom
at their back, like a tail so as to wipe the floor on which they walked.
Many such rules on dress code are described at length by Panini
and Fa-Hien.
Kautilya stated that a Shudra must not acquire wealth because
thereby he causes pain to Brahmins. He further states that:-
1. A Shudra called himself a Brahmin shall have his eyes destroyed by
poison and shall have fine of 800 Panas.
2. If he violated a Brahmin woman, he should be burnt alive.
3. It was necessary to keep them impoverished in order to keep their
social condition low.
4. Therefore, not only were they supposed to pay taxes on one hand and
were poorly paid for the work they did but even the rate of interest
63
 for them was the highest.
5. Kautilya stated that a Brahmin should be charged 2 % interest, a
Kshatriya 3 %, a Vaishya 4 % and a Shudra 5 %.
The list of such caste based/varna based disabilities are almost
endless stretching to each and every aspect of human life affecting its dignity
and honour adversely. Various Rishis and Brahmins made new rules as
per their own cynicism and hatred for Shudras. There is hardly any Sanskrit
composition which has not been tampered63 with or altered or added to,
by the Brahmins. The period of Islamic invasion was the period of
Brahminic reaction. To save themselves from the attack of the new religion
and to stop conversions, Hindu religious leaders became even more
conservative. Bhakti Cult preached and stressed that caste was no bar to
religious salvation.
(1) Kabir
(2) Nanak
(3) Tukaram
(4) Ravidas
(5) Chandidas
(6) Mulukdas and many more preached equality but the Bhakti
Cult popularised devotion more than spreading the message of
caste equality.
In the Maratha country, under the rule of Peshwas,64 untouchables
were not supposed to enter the city at the prime time of the day, for at that
time of the day, the shadow falls along on the floor and that might defile
caste Hindus in bigger area with longer coverage. The Peshwas had issued
a proclamation that the untouchables should not enter into Poona town
after 15=00 hrs till 09=00 next morning. James Forbs said that, “In 1783
64
A.D. in Bharuch (A district of Gujarat State now) the Marathas (Peshwas)
issued a Proclamation that Kasai (Butcher), Dhed and Chandal Castes
shall not step out from their houses after 09.00 A.M. in the morning.”65
Whereas in Poona, only for 6 hrs, i. e. from 09=00 to 15=00 (9 AM to
3 PM) they were permitted to move out from their houses. But in Bharuch,
they could come out from their houses only for little less than three hours
in the morning i.e. from 6-00 to 8.55 hours during day time. This is in
fact incarceration of poor downtrodden people without any crime.A cruel
caste based confinement in deed! (Note:-Here the word ‘Dhed’ is only
reproduced from the historical writings in order to show the gross injustice
done to that caste and not to show any disrespect to it. This is used in their
favour and and not against them.)
In Madras66, and especially in Malabar, certain castes had to keep
a stated distance between themselves and a Brahmins and other high castes.
A Shanar - a toddy tapper of Tamilnadu - contaminated a Brahmin
if he approached the latter within twenty four paces. The Washer man and
Barber who served the general body of villagers were not allowed to render
services to the untouchable castes.
Still more shocking was the role for toddy tappers of Malabar
and the east coast Izhavas and Shanars. They were forbidden to cover the
upper part of their body and above the waist. In case of women also, until
1865, they were obliged by law to go with upper part of the bodies quite
bare, if they belonged to Tiyan or other lower castes.
In Gujarat, they were not allowed to carry umbrellas. In some
of the Southern areas, they were not to wear shoes or gold ornaments,
to milk cows so much so they were not to use the ordinary language of
the country.
65
 Such hellish condition covering each and every aspect of an
untouchable's life was in vogue in Indian Society when British arrived
in India. British rule, in theory, was secular and the new system of education
was open to all. The law courts also made no caste distinctions. All were
equal before law. The British being foreign rulers did not want to interfere
in the existing social system, but still at times unknowingly or sometimes
knowingly they influenced and reformed the system to an extent.
The Christian Missionaries in fact were among the first to attack
the caste system and drew attention towards the position of untouchables.
They also started schools for untouchables.
In 1850 The Caste Disabilities Act was passed which provided
that a person does not forfeit his ordinary rights of property, by loss of
caste or change of religion. An uniform system of law provided equal
opportunities of justice for all castes which untouchable were earlier
deprived off. According to Act of 1827, a marriage between two persons
of different castes was considered valid provided it was a registered
marriage and by Act of 1923 even the right of property, membership of
a joint family or the right to adoption were restored to those who had lost
these due to marriage in another caste. No direct Act was passed to remove
untouchability, but from time to time interests of the members of
Scheduled Caste were protected.
In 1856 - A Mahar boy was refused admission to a Government
School at Dharwal. The Governor-in-Council ruled that fully aided
Government Schools, admission will be open to all without distinction.
The East India Company employed Mahars, Mangs, Kolis, Dhuska, Doms
and Dhanuks in its army. This helped to promote their status and freedom
from traditional degrading occupation and offered opportunities to
66
education. The East India Company apparently provided compulsory
education for its Indian Soldiers and their dependents. This was very
important since the Mahars were not admitted to other schools. Subedar
Ramji Sakpal, father of Dr. B.R. Ambedkar was a full-fledged teacher
trained at a school established by the Government.
The notion of hierarchy is operative among Harijans too. A
Chamar gets polluted by the touch of a Mahar. He would sprinkle water
on himself to purify before entering his house.
The term 'Depressed Classes' had been used in the Census Report
of the year,1921. The term 'Depressed Castes' was used before 1930 but
since the enactment of Government of India Act, 1935, they had been
consistently referred to as Scheduled Castes. "It was only in 1932, that
this word was officially defined as the untouchables." - Harold Issacs.
In 1931, Gandhiji gave them a new name "Harijan" - meaning
"Children of God" which was previously given, in his devotional songs,
by Narsinh Mehta, a Gujarati poet from Junagadh district of Gujarat. Thus,
the word 'Harijan' was first used by the Gujarati great Saint Narsinh Mehta,
a Nagar Brahman who defied his whole community and claimed the
'untouchables' as his own. Gandhiji adopted the term from him. Gandhiji
said, "Harijan" - a man of God and we (caste Hindus) are 'Durjan' (Men
of evil).” Dr. Ambedkar did not like this name and proposed the words
'Protestant Hindus' or 'Non-conformists.' Our Constitution refers to them
as recommended by the Simon Commission, by the term 'Scheduled
Castes.'
As observed above, the laws in India were based on the principles
of inequality, the procedure and practices too were faulty, unjust, unfair
and unreasonable as they differently dealt with people on the basis of their
67
castes and not on basis of their merit or on any other reasonable and logical
yardstick. P.K.B. Nayar in his "Sociology in India" says that the western
legal system introduced the principle of equality before law, procedures
of evidence, modern Courts and trained legal practitioners.
From 1773 to 1835, a dual legal system was practised in India
in which the major emphasis was on adopting the communal-legal systems
of the Hindus and Muslims and English procedure in Courts. During the
British period also, the tribal councils, caste panchayats and village
panchayats continued to operate effectively. Involvement of the privileged
in deviance broadly has two dimensions - abuse of influence and abuse
of authority / status.
Thus it can be seen that the Sociological theory of "Social
exclusion" of Dalits seems to have been followed firmly and fanatically
with ferocious zeal, zest and gusto by the caste Hindus in India. Social
exclusion refers to ways in which individuals may become cut off from
full involvement in the wider society. The Dalits were thus made
victims of Social exclusion, Economic exclusion, Political exclusion,
cultural exclusion, educational exclusion and exclusion from all
public/State services as well. The word "exclusion" implies that
someone or something is being shut out by another. Such all
encompassing exclusion led to the creation of various types of
backwardness and also created 'Lag' everywhere which is differently
named by the sociologists like 'social lag,' 'Cultural lag' etc. Here is
a question of "community lag" that means that not 'lag' in one aspect
of social life but multiplicity of 'Lag" in all aspects of
"Dalits' life."

68
Reasons for selection of the topic:-
The topic of my Ph.D. study is "The Law as an instrument
of social change - A Sociological study of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Gujarat." As
we know, in this world everything changes and nothing remains absolutely
static in its entirety. Similarly social setup changes, social norms change,
social mores, traditions, customs and social structure also continuously
undergo changes. For bringing about social change in a desired way, the
above legislation was enacted by Indian Parliament in the year, 1989. More
than two decades have gone since then and a need is really experienced
to evaluate the said Law from Sociological point of view and empirically
study its efficaciousness as an instrument of social change. As the subject
touches to the very vast majority of people in our society, its social study
and analysis would quite prove very useful to the academicians, law
enforcement agencies, judiciary, Police, Government and all concerned
in this regard. This prompted me to lay my hands on this subject. Moreover
the topic and subject has lot of current usefulness and applicability and
it does affect Indian people to a great extent almost daily. Conclusions
arrived at after analytical study will certainly be of immense importance
and value. Even based on our study and experience in this field, new
directions and suggestions can be put forth for correct application and
implementation of the law wherever the same is found lackadaisical or
inadequate or deficient. With all these ideas in mind and with above aim
and objective, I selected the subject in question after lot of deliberation
with my Guide Professor Dr. M. H. Mawana. His guidance, direction and
motivation helped me to arrive at a decision to select the said subject for
my Ph.D. degree.
69
Reasons for selection of area (locale) of study.
The subject "Law as an instrument of Social Change - A
Sociological study of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 in Gujarat" is a very vast one and
really it is not possible to cover entire State of Gujarat for this study.
Therefore I needed to limit the area of my study to Ahmedabad City and
Ahmedabad Rural District only. Ahmedabad City is a Metropolitan City
and going to acquire the status of a Megha City in very near future.
Ahmedabad City is not only cosmopolitan City but it is also heterogeneous
city which provides ample scope to cover all types of people with whom
we are concerned in this study.

70
71
 In Gujarat State, looking to the offences registered under the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act,1989 in above eight years, the most affected districts from point of
view of atrocities committed on the members of the Scheduled Castes
and the Scheduled Tribes are - (1)Ahmedabad Rural District (2)
Bhavanagar (3) Mehsana (4) Banaskantha (5) Surendranagar and (6)
Junagadh. Out of above six atrocity-prone districts of the State of Gujarat,
I have selected Ahmedabad Rural District and from the most atrocity-
prone Cities of the State, Ahmedabad City being the most atrocities-
prone city, I have selected Ahmedabad City besides Ahmedabad Rural
District for my study in question. Both will provide me good chance to
compare ground realities in urban and rural areas of the State of Gujarat
and also the impact of industrialization and urbanization on caste system
in the State. Due to the preponderance of the Scheduled Castes in both
the places i.e. Ahmedabad City and Ahmedabad Rural District, main
concentration of this study will be on the Scheduled Castes only who are
the inhabitants of these two places. However responses are solicited
from the respondents on common concerns of both the communities i.e.
the Scheduled Castes and the Scheduled Tribes.
Among cities, Ahmedabad City is highly affected and is very
prone to atrocities being committed on Scheduled Castes. Ahmedabad
City even crosses the atrocity cases of Baroda City, Surat City and Rajkot
City combined together as the total offences of Ahmedabad City are 385
for a period of eight years from 1-1-99 to 31-12-2006 whereas the total
offences of Baroda City, Surat City and Rajkot City for the said period
are respectively 122+86+165=373 - a dozen crime less than Ahmedabad
City. To have a balanced and even handed research, I have decided to carry

72
out above study in Ahmedabad City limits as well as in the limits of
Ahmedabad Rural District so that a comparative and an analytical scrutiny
of offences committed against the Scheduled Castes may lead to fruitful
sociological conclusions.
In view of above scenario and in view of reasons advanced as
above, finally I have selected following geographical field of study in
Gujarat state:-
(1) Ahmedabad City,
(2) Ahmedabad Rural District.
Ahmedabad Rural District topped in atrocity related crimes in
entire State in the year 1999 and 2000 and that unfortunate record has
still not been broken by any District or City of the State of Gujarat so far
as offences under "The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989" are concerned and that is how
significantly the same is included in my study in question.
The selection is based purely on commission of larger number
of offences on members of the Scheduled Castes by Caste Hindus in these
geographical areas. Why in these areas only such crimes are phenomenally
high which also requires a separate and thorough probe by some agency
for some remedial measures in the matter.
The types of atrocities are mainly on caste based insults coupled
with physical assault and causing of various types of injuries including
hurt, grievous hurt and culpable homicide and murder. The main type
of atrocity against Dalit woman is kidnapping and rape. This atrocious
conduct of caste Hindus against Dalits is also based on or due to Varnic
or caste values of Hindu religion. Cultural mores and ethos of Hindu
cultural and social form is directly or indirectly responsible for various
sorts of atrocities being committed on the Scheduled Castes and the
73
Scheduled Tribes.
After sixty four years from the time of independence of the
country, the touch-me-not-ism related to caste has decreased to a
considerable extent both in urban and rural areas. The urban area has almost
become free to a great extent from the menace of untouchability and
certainly this is a very positive Social Change but in rural areas still
untouchability fairly exists in its various forms. It is really very difficult
or impossible to show at which place Gujarat stands so far as atrocities
are concerned as correct position cannot be ascertained simply on the basis
of registration of offences. Certainly Gujarat's place can be ascertained
vis-à-vis other states in-c-with registration of atrocity cases but this cannot
be the real picture as Police force is not equally responsive in all States
and the registration of such cases is also not free and fair. However,
Gujarat's rank is 6th in India in crimes against the Scheduled Castes and
5th in India in crimes against the Scheduled Tribes. The rank of Gujarat
State with respect to each offence like murder, rape, arson. hurt, kidnapping
and abduction, dacoity, robbery and offences under the Protection of Civil
Rights Act,1955 (PCRA) and the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act,1989 and other offences is worked
out and is shown in Statement 2 and 3 below:-

74
75
 Gujarat is a very progressive State and one of the well
administered States of India, despite that its record, as seen from above
Statement-1 with respect to crimes against Scheduled Castes and
Scheduled Tribes is not in consonance with its otherwise very progressive
status.
As per statement showing offences against the Scheduled Castes
registered under the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 in the State of Gujarat, previously
in the year 1999 and 2000 consistently three districts i.e. Mehsana,
Bhavnagar and Ahmedabad Rural were badly affected whereas from 2002
to 2006 the scenario has completed undergone a change and the crime
theatre has now shifted to other three districts - namely Banaskantha,
Surendranagar, and Junagadh which have consistently shown high
incidence of atrocity crimes against Scheduled Castes but they have not
crossed the highest number of crimes taken place in Ahmedabad Rural
District. This sudden shift in such crimes in said geographical locations
of the State also calls for a sociological scrutiny but my study is restricted
only to the geographical locations of Ahmedabad City and Ahmedabad
Rural District of the State of Gujarat. Looking to the comparison with
other urban areas i.e. other cities of the State like Baroda, Surat and Rajkot
Cities, Ahmedabad City is the worst affected so far as crimes against
Scheduled Castes and the Scheduled Tribes are concerned. In Ahmedabad
City such crimes are higher as compared to all the above three cities' crimes
put to-gather. Similarly Ahmedabad Rural District's record of such crimes
so far has remained unbeaten in the whole State.
On the basis of recorded crime and authenticate information
available, sample of study is selected as mentioned above and the selection

76
of sample is thus based on statistical information gathered from the office
of the Additional D.G.P. (Weaker Sections) Gujarat State, Gandhinagar
who is officially repository of all such information.
It is decided to carry out study at two places namely- (1)
Ahmedabad City in urban area, and (2) Ahmedabad Rural District in rural
area of the State of Gujarat. For urban respondents an abbreviation "U"
is used and for rural respondents an abbreviation "R" is used in this study.
As discussed with my Guide Professor, initially it was decided
to collect information from about 300 respondents both from Ahmedabad
City and Ahmedabad Rural District. Thus total three hundred number of
samples was fixed for the study but I collected information from 367 total
respondents from Ahmedabad City and 44 total respondents from
Ahmedabad Rural District and the grand total of all the respondents comes
to 411. The Study would thus mainly be restricted around Ahmedabad
City and Ahmedabad Rural District. The study will also scrutinize the basic
attitudes of the main castes who indulge in such atrocity related crimes
and their mind-set for such crimes. The respondents' selection was based
on random sample method and the form of collection of data was a well
structured written questionnaire, specimen of which is appended to this
study. The aim of this sample selection is to see that an input is collected
which is mostly representative in character. Since atrocities on Dalits are
generally committed by caste Hindus only, no need is felt to study it
religion-wise as atrocities committed by people of other faith is quite few
and most negligible. The factors like religion, belief, caste, education,
orthodoxy and modernity in connection with commission of atrocities
would also be examined in the study under reference.
Importance of study on subject and its usefulness in Sociology:-
The importance of this study on the selected topic is tremendous
77
in contemporary times as it is a burning social issue and burning social
problem with which almost entire Indian Society is concerned on daily
basis in one way or other which increases its sociological importance
manifold. Other social issues like marriage, dowry, divorce, widow
remarriage, family - joint and nucleus, child marriage, female foeticide
etc. have limited social compass whereas “The law as an instrument of
social change and the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989's” Sociological study has really wider
scope and more importance as the same covers vast majority of Indian
people and the same would be useful to them in one way or other. They
will be either victims or perpetrators in the said social order. The victims
will find remedies from this study for their social affliction, social distress
and social problems whereas the perpetrators will understand the rigours
of law as an instrument of social change and need on their part to either
adjust to the new social changes or face the punitive reprisal from the legal
enforcement of this social legislation. It would certainly provide a quick
deterrence to them which will force them to adapt to the emerging new
societal norms of behaviour brought about by the said legislation aiming
at change in general and social change in particular. This is not optional
change, normal change, automatic change or natural change but this change
is through the medium of law with the might of the state and failure to
change on the part of the citizens is viewed very seriously visiting punitive
measures coupled with harsh consequences including confinement in jail,
penalty and even banishment from your habitat and vast geographical areas
of several districts adjoining around it. This is for compulsory change
mandated by law which is used as a weapon, as an instrument to drive
society in a particular direction to achieve the aim and objective in a desired
and pre-conceived manner fitting with the Constitutional concept of the
78
country which provides guidelines in which the country is to be taken ahead
towards the fulfilment of its national goal.
How important the topic is can be gauged from the rigidity,
inflexibility and inhumanity with which the caste system operates in India
with oppressive magnitude and for understanding this, which other way
could be more specific than to have a look at the statement of objects and
reasons of the said Act? The same is as under:-
"Despite various measures to improve the socio-economic
conditions of the Scheduled Castes and the Scheduled Tribes, they remain
vulnerable. They are denied number of civil rights. They are subjected
to various offences, indignities, humiliations and harassment. They have,
in several brutal incidents, been deprived of their life and property. Serious
crimes are committed against them for various historical, social and
economic reasons.
2. Because of the awareness created amongst the Scheduled Castes
and the Scheduled Tribes through spread of education etc. they are trying
to assert their rights and this is not being taken very kindly by the others.
When they assert their rights and resist practices of untouchability against
them or demand statutory minimum wages or refuse to do any bonded forced
labour, the vested interests try to cow them down and terrorise them. When
the Scheduled Castes and the Scheduled Tribes try to preserve their self
respect or honour of their women, they become irritants for the dominant
and the mighty. Occupation and cultivation of even the Government allotted
land by the Scheduled Castes and the Scheduled Tribes is resented and more
often these people become victims of attacks by the vested interests. Of
late, there has been an increase in the disturbing trend of commission of
certain atrocities like making the Scheduled Castes persons eat inedible
substances like human excreta and attacks on and mass killings of helpless
79
Scheduled Castes and Scheduled Tribes and rape of women belonging to
the Scheduled Cates and the Scheduled Tribes.
Under the circumstances, the existing laws like the Protection
of Civil Rights Act, 1955 and the normal Provisions of the Indian Penal
Code have been found inadequate to check these crimes. A special
legislation to check and deter crimes against them committed by non-
Scheduled Castes and non-Scheduled Tribes has, therefore, become
necessary.
3. The term 'atrocity' has not been defined so far. It is considered
necessary that not only the term atrocity should be defined but stringent
measures should be introduced to provide for higher punishment for
committing such atrocities. It is also proposed to take specific preventive
and punitive measures to protect the Scheduled Castes and Scheduled
Tribes from being victimized and where atrocities are committed to
provide adequate relief and assistance to rehabilitate them."
The Social change intended to be brought about by the instrument
of law has certainly brought the social change to an extent and, my view
is to sociologically assess the extent of such change and the effectiveness
of the law as an instrument of social change as compared to other ways
and means, methods and manners to effect social change in existing societal
order and people's resistance or adaptation to such social change. Such
subject of study may also lead to revelation of such social facts which
are still unknown to society. Social change is a general term which refers
to change in the nature, the social institutions, the social behaviour or
the social relations of a society or community of people. The law also
brings about change in social institutions, the social behaviour or the social
relations of a society or community of people. This change is attempted
in a most positive manner and in a manner that moulds society and its
80
normative order or value system keeping in view the changing social,
political and economic scenario of the country. Need to democratize
people and institutions also requires social change and law as an instrument
of social change becomes all the more relevant in this context. Equality
is inherent in democracy which may perhaps not be the case in other systems
of governance. Equality may thus be inherent in democracy but may not
be prevalent as a matter of fact due to caste based rigidity of the society
which calls for urgent social change. If such a social change does not take
place in a natural way by the general awakening of the people then the law
as an instrument of social change becomes inevitable and need of the hour,
which will change and regulate the conduct of the people in a desired
manner and direction.
The social change can be classified into four categories:-
(1) Slow, gradual, incremental and evolutionary; in this it might be
barely noticeable.
(2) Fast, radical, sudden and revolutionary; it might even take place
by surprise.
(3) Wide scope, affecting almost all people in a society.
(4) Limited in scope, affecting only a small number of people.
The social change by the instrument of law comes in category
No.2 & 3 above. The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 wants to bring change fast, it is radical
in nature and sudden and revolutionary also. It has taken many people
by surprise also as not only general illiterate public but even highly educated
lot too is not fully aware about the implications of the law in their behaviour
and conduct towards members of these communities. Its scope is wide
and it is affecting all people in a society and therefore it has tremendous
usefulness in the society as well as in sociology. Democracy insists on
81
removal of disparities whereas the age-old caste system in the country
is diagonally opposed to it and hence requirement of law as an instrument
of social change assumes importance and its usefulness in Sociology gets
precedence also over other forms of Social change. Caste System as such
is an oppressive social structure and therefore change is not only socially
desirable but it is also the democratic requirement as the democracy is
generally and always based on the principles of Liberty, Equality and
Fraternity. The orthodox social thinking in India wants social harmony,
stability and equilibrium with special and solid insistence of social status
quo which is in stark contrast to basic democratic values and principles
mentioned above.
Problems, hindrances & impediments in the study and their remedies:-
The main hindrance or impediment is paucity of time. Therefore
time management on the part of researcher of this subject is called for.
Since law is a vast and very deep subject so also social change and therefore
special efforts are required to be made to be very precise, concise and
restrictive also so as to avoid undue repetition while analyzing
background materials. Another hindrance is about selection of method
and covering of geographical area of research. The same can be sorted
out by consulting and deliberating with the Guide-Professor. Third
constraint is expenses involved. The same can be met from personal savings
of the scholar.
The study involves field work which has its own hindrance or
impediments. Various types of people are required to be contacted for
the research. Their easy unavailability is also a problem. Local leaders'
and leading citizens' help and assistance would be sought to counter all
such hindrances and impediments. The level of understanding the topic
of research by the respondents is also an impediment in smooth and quick
82
completion of the study. The respondents may be available, may not be
available or simply be non-cooperative. They are required to be persuaded
and get their willing cooperation in this endeavour. Even if the respondents
are available, it may so happen that they are not cooperative and may not
give correct information for any reason which they may think fit.

❇
Selection of Geographical areas for study
N

✒
W ✒E
✒

✒
S

❇
Gujarat

83
 Ahmedabad
City
✒ Gujarat Map
Ahmedabad
✒
Rural District

As untouchability associated with atrocities on the Scheduled

Castes and the Scheduled Tribes is widely prevalent in society, in entire
India, I needed to restrict the sphere and scope of my study to a reasonably
approachable geographical area of this vast country so that the problem
can be properly and adequately covered with focussed attention on its
prevalence and legal measures and even proactive measures adopted by
the State to eliminate the atrocious conduct of its citizens so far as this
social problem is concerned. I selected Gujarat State for my study and
research so far as social change with respect to the atrocities and law against
the same is concerned. Again the Gujarat state being a vast geographical
area, I decided to limit my study and research to certain districts which
register maximum offences so far as the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 is concerned. As
mentioned earlier, to get a balanced picture of the problem of
untouchability and atrocities, both urban and rural areas were needed to
be covered and hence I selected Ahmedabad City and Ahmedabad Rural
84
District for the purpose of my social research study in question.
In India, the social norms and values change from State to State
and even District to District or even Taluka/Tehsil to Taluka and Village
to Village and Castes to Castes and even Sub-castes to Sub-castes. The
social structure is also at times found different on above grounds. The
human behaviour and social organisation, human values, caste, creed and
religious values or normative order based on these aspects are at variance
with people differently located in different geographical areas.
The thrust of this study would be on the types of atrocities and
causes thereof. The five inquisitives 'Ws' i.e. 'Why', 'Where', 'When',
'Whom' and ‘How’ of the offence of atrocities will be the focus of attention
in this study and research. Why the atrocities are committed? Where are
they committed? When are they committed? By who are they committed?
How are they committed? And how can they be prevented including
proactive, protective and preventive measures which are considered
necessary by the people and the Government in atrocity prone areas and
the status of the victims or the perpetrators of such behaviour.
The aim of study is also to concentrate on the cultural form of
atrocity and to gauge the cultural norms of the people which bind them
to such behaviour, though the same may look normal from their point
of view but from legal and sociological point of view the same may quite
appear to be a deviant social behaviour. Similarly social form, mode and
characteristic of atrocious behaviour of upper caste Hindus towards the
members of the Scheduled Castes and the Scheduled Tribes is also focus
of attention of my research study. All these matters would be proved /
disproved statistically through extant research. It is also the intention of
this study to decide the place of Gujarat State so far as this study is concerned
in connection with commission of atrocities on the members of the
85
Scheduled Castes and the Scheduled Tribes. The Gujarat State is a
progressive state and its place and rank vis-a-vis other States of the Union
of India is also required to be found out and the same would be of scholarly
interest and of interest to all including common man so far as commission
of atrocities on the members of the Scheduled Castes and Scheduled Tribes
is concerned.
It would also be my endeavour to find out the amount and
intensity of untouchability in Gujarat and especially in selected locale of
the State for this study. The untouchability and atrocities connected with
land, water, drinking water, use of public utility services, cultural activities
and the 'Jajmani' System would be covered in this sociological study under
reference.

86
 In urban area, Ahmedabad City tops the list in such crimes
compared to Baroda City, Surat City and Rajkot City and hence it is selected
for this study.
_______________________________________________________________
References:-
1. Swami Bhaktivendant Prabhupada A.C., BHAGAVAD GITA AS IT
IS, Bhaktivedant Book Trust, Mumbai-49,January,2000, p.238
2. Bhushan Vidya and Sachdeva, An introduction to Sociology, Kitab
Mahal, 22-A, Sarojini Naidu Marg, Allhahabad, 32nd edition, 1999,
p.638
3. Ibid,
4. Ibid,
5. Ibid,
6. Ibid,
7. Ibid, p.639
8. Ibid,
9. Ibid,
10. Ibid,
11. Ibid,
12. Ibid,
13. Ibid,
14. Ibid, p.641
15. Ibid, p.645
16. Ibid, p.645
17. Ibid, p.711
18. Ibid, p.713
19. Ibid, p.713
87
20. Ibid, p.713
21. Ibid, p.713, 714
22. Ibid, p.714
23. Ibid, p714
24. Ibid, p.714
25. Ibid, p,714
26. Ibid, p.714
27. Ibid, 714
28. Ibid, p.714
29. Ibid, p.714
3o. Ibid, p.718
31. Government of India, Ministry of Law, Justice and Company Affairs,
The Constitution of India, New Delhi, Edition-1999, Preamble
32. Bhushan Vidya an d Sachdeva, An introduction to Sociology, Kitab
Mahal, 22-A, Sarojini Naidu Marg, Allhahabad, 32nd edition, 1999,
p.718
33. Ibid, p.718
34. Ibid, p.719
35. Ibid, p.720
36. Ibid, p.720
37. Bakshi, S.R. and Lipi Mahajan, Social Reformers of India, Deep and
Deep Publications Pvt. Ltd., F.159, Rajouri Garden, New Delhi-
110027, Edition-2000, p.1
38. Ibid, p.21
39. Ibid, p.36
40. Ibid, p.66
41. Ibid, p.126
88
42. Ibid, p.142
43. Ibid, p.182
44. Ibid, p.186
45. Ibid, p.302
46. Ibid, p.387
47. website: http://en.wikipedia.org./wiki/periyar_E.V.Ramasamy
48. Bakshi, S.R. and Lipi Mahajan, Social Reformers of India, Deep and
Deep Publications Pvt. Ltd., F.159, Rajouri Garden, New Delhi-
110027, Edition-2000, p.437
49. Swami Sachchidanand, Adhogati-nun-Mool Varnavyastha (Caste
System: The Root of All Evils), Publisher Rasik Thakar, Samanvya
Publications, Navrangpura, Ahmedabad, July,1988, p.24
50. Ibid, p.25
51. Ibid, p39 (Manusmriti: 2/31)
52. Swami Bhaktivendant Prabhupada A.C., BHAGAVAD GITA AS IT
IS, Bhaktivedant Book Trust, Mumbai-49, January, 2000, p.238
53. Ibid, p.826
54. Ibid, p.827
55. Ibid, p.827
56. Ibid, p.828
57. Ibid, p.293
58. Maharshi Dayanand Saraswati, Rigved, Hindi Bhashya, Publisher:
Saarvdeshik Arya Pratinidhi Sabha, Maharshi Dayanand Bhavan,,
Ramlila Maidan, New Delhi-2, 1976, p.899
59. Shrinivas, S.N., Harijans in Indian Society, Patna, 1980, p.30
60. Swami Sachchidanand, Adhogati-nun-Mool Varnavyastha (Caste
System: The Root of All Evils), Publisher Rasik Thakar, Samanvya
89
 Publications, Navrangpura, Ahmedabad, July,1988, p.53
61. Ibid, p.57
62. Ibid, p.253, 254, 255
63. Victor, D'Souza, Education disabilities among the Scheduled Castes,
A Case study of Punjab, Chandigarh, 1980, p.35
64. Bakshi S. R. and Lipi Mahajan, Social Reformers of India, Deep and
Deep Publications Pvt. Ltd., F-159, Rajouri Garden, New Delhi-
110027, 2000, p.193
65. Swami Sachchidanand, Adhogati-nun-Mool Varnavyastha (Caste
System: The Root of All Evils), Publisher: Rasik Thakar, Samanvya
Publications, Navrangpura, Ahmedabad, July, 1988, p.252
66. Ibid, p. 248, 249, 250, 251, 252

90
 Chapter -2

The historical background of caste system and atrocities

related to the Scheduled Castes and the Scheduled Tribes

Every society is stratified in one way or another and the possibility

of absence of any stratification in any society is almost very remote. In
India we find social stratification in the form of caste, based on the
birth of the individual in a particular caste/family.

The meaning and origin of the word caste:-

The word "Caste" owes its origins to the Spanish word 'Casta' which
means 'breed, race, strain or a complex of hereditary qualities.' The
Portuguese applied this term to the classes of people in India, known
by the name of 'jati.' The English word 'Caste' is an adjustment of the
original term 'Casta.'1 According to Henry Maine "Castes started as
natural division of occupational classes and eventually upon receiving
the religious sanction became solidified into the existing caste system.
The caste system comes into being when it becomes an integral part of
religious dogma which divides the people into superior and inferior
groups with different responsibilities, functions and standards of living."
Martindale and Monochest defined Caste as "an aggregate of persons
whose share of obligations and privileges are fixed by birth, sanctioned
and supported by religion and usage."According to Anderson and
Parker2 "Caste is that extreme form of social class organisation in which
the position of individuals in the status hierarchy is determined by
descent and birth." According to Williams, "Caste is a system in which
91
an individual's rank and its accompanying rights and obligations are
ascribed on the basis of birth into a particular group." Magasthenes,
the Greek traveller in the third century B.C. to India, mentions two of
the features characterising the institution of caste. He says "It is not
permitted to contract marriage with a person of another caste or to
undertake an occupation other than ancestral nor for the same person
to undertake more than one, except if he is of the Caste of Philosophers,
when permission is given on account of dignity.3

Features of Caste System-

1. Segmental division of society:-

Primarily Hindu Society is divided into four Varnas and many castes
and sub-castes and thus totally stands not only segmented but fragmented
vehemently based on the idea of high and low, superior and inferior,
pure and impure, touchable and untouchable. There are two main
characteristics on which the caste system is based:-
(i) Hereditary - All such caste based distinctions or divisions are
hereditary and irrevocable and unchangeable.
(ii) By Birth - The caste status is not an achieved status but an
ascribed one for which an individual does not have to put any effort.
No amount of wealth and no amount of penance or prayer can change
his caste status.

2. Social and religious hierarchy:-

The Shudras are socially as well as religiously neglected and are not
treated as human-beings but are treated even worse than dogs and cats
92
i.e. even less than sub-human beings. Servitude is proclaimed to be a
permanent condition of Shudras. According to Kautilya, "a Shudra, if
he violates a Brahmin female, shall be burnt to death. If he intentionally
reviles or criminally assaults a Brahmin, the offending limbs shall be
cut."

3. Restrictions on feeding and social interaction:-

The various restrictions were put on Shudras and Ati-Shudras in the
matters of residence, marriage, feeding etc. and the social theory of
social exclusion worked as its peak in Indian Social context. Here
theory of pollution also played its detrimental role. Even simple touch
of Shudras used to pollute, defile the caste Hindus thus rendering the
existence of Shudras worse than animals as animals' touch did not
pollute / defile caste Hindus but Shudras' touch did pollute them and
hence various socially and religiously codified norms of behaviour
were laid down for the Shudras. In Kerala a Nair may approach a
Namboodiri Brahmin but must not touch him while a Tiyan must keep
a distance of 36 steps from the Brahmin and a Pulayan may not approach
him within 96 (ninety six) paces.

Nayar
▲
Tiyan ▲ Pulayan
▲ - can approach but
-- distance of 36 paces -- distance of 96 paces
cannot touch.
to be maintained. to be maintained

▲
▲
▲

Namboodiri
Brahmin

93
 A Pulayan must not come near any of the Hindu Castes.
4. Endogamy:-
A person born in a caste remains in it for life and dies in it. Dr. B.R.
Ambedkar, the architect of Indian Constitution had declared that though
he was born Hindu, he would not die as Hindu. He changed his religion
from Hindu to Buddhism at the fag end of his life but the fact remained
that though he changed his religion, he could not change his caste which
remained a 'Mahar' only. Endogamy is, closely linked with Caste System
as it does not permit marriage out of the same caste or tribe and thus
endogamy is essence of caste system.4
5. Lack of unrestricted choice of occupation:-
The Shudras had to stick to only the menial jobs prescribed for them
and they cannot even think of changing the same even though they
might have interest and inclination for other occupation. In such
regimented social order, the question of likes and dislikes for occupation
does not arise at all. The Shudras had to compulsorily engage themselves
in their hereditary menial occupations only. It was also true for other
caste Hindus except the Brahmins. Everyone had to do his own caste
occupation only and thus there was total absence of upward social
mobility in such a social structure.
6. Civil and religious disabilities:-
Under the Marathas and the Peshwas, the Mahar and Mangs were not
allowed within the gates of Poona between 03-00 P.M. to 09-00 A.M.
because before nine and after three bodies cast too long shadow which
falling on members of the higher castes defiles them. Sawai Madhavrao
Peshwa's time, Mahars were treated as Ati-Shudra - beyond Shudra.

94
 The origins of caste system:-
Though there are several theories, opinions and beliefs in this regard,
the exact origin of caste cannot be traced. Indo-Aryans reached India
about 2500 B.C. The Caste System took its birth after the arrival of
Aryans in India. But it can be decidedly said that the Varnashram
Vyavastha did exist before Caste System.

1. Racial Theory:-
According to Dr. Majumdar, the caste system took its birth after the
arrival Aryans in India. In order to maintain their separate existence,
the Indo-Aryans used for certain groups and orders of people the
favourite word 'Varna,' 'Colour.' Thus mainly two prominent groups
Aryan and Dasa varna became known not by their occupations or other
characteristics but by their colour. Rigvedic literature stresses very
significantly the difference between the Aryan and Dasa, not only in
their colour but also in their speech, religious practices and features.
The name of the fourth class, the 'Shudra' occurs only once in the Rig
Veda.5 It seems class represented domestic servants, approximately very
nearly to the position of slaves. The Shudra is described as "the servant
of another," "to be expelled at will," and "to be slain at will." The
Panchavimsa Brahmana defines his position still more precisely when
it declares that the Shudra, even if he be prosperous, cannot but be
servant of another, washing his superior's feet being his main business.6
Other three classes - Brahmins, Kshatra and Vis are frequently
mentioned in the Rig Veda. Brahmin was poet-priest and Kshatriya
was warrior chief and all the common people were Vis. The Shudra
class represented domestic Servants.7
95
 2. Political Theory:-8
According to this theory, Caste System is a cleaver device invented
by the Brahmins in order to place themselves on the highest ladder of
social hierarchy. 'Caste' is a Brahminic child of Indo-Aryan culture
cradled in the land of the Ganges and thence transferred to other parts
of India, says Dr. G.S. Ghurye. The Brahmin post Vedic literature
mentions certain mixed classes i.e. "Sankara Jat" and also group of
outcaste classes 'Antyavasin.' The first three classes are called 'Dwija'
because they have to go through the initiation ceremony which is
symbolic of re-birth. The Shudra was called 'Ekjati' (one born). The
word "Jati" hence means the numerous sub-divisions of a "Varna." The
God created Shudra to be the slave of all. He is given the name of
"Padaja" (born from the feet). He is to be supported, to be fed, to be
clothed with the remnants and castaways of food and raiment by the
three Varna.9 Then distinction began to be made between things pure
and impure.

3. Occupational Theory:-10
(i) Better and Respectable Profession = Superior.
(ii) Dirty Profession = Inferior
The persons or castes engaged in better and respectable profession
used to consider them superior and the persons or castes engaged in
manual and dirty profession were treated as inferior in the social setup
of the day which is continuing till date world over but in India touch-
me-not-ism entered into the social setup whereas the same seems to be
absent elsewhere in the world. Nesfield says that, "function and function
alone is responsible for the origin of Caste Structure in India." With
96
function differentiation there came in occupational differentiation and
numerous sub-castes such as Lohar, Sonar, Chamar, Bhangi, Barhai,
Patwa, Teli, Nai, Tamboli, Kahar, Garadia etc. came into existence.

4. Traditional Theory:-11
The traditional theory is based on Divine origin. It says that Varna
and Caste are not man-made but the same are created by God and such
references are available in Hindu scriptures like Rigveda,12 in its 10th
Mandal, Hymn No.90, Verse No.12 and in Bhagavad Gita,13 Chapter
No.4, Slok No.13. Both in Rigveda and Bhagavad Gita, the theory of
Divine creation is put in the mouth of God. Bhagavad Gita is very
specific about the creation of Varnas when it mentions that
"Chaturvanas" are created by the God. "I have created four varnas"
declared Lord Krishna on the battle field of Kurukshetra, on an open
ground while exhorting Arjun to fight against the Kauravas. The Lord
says, "According to the three modes of material nature and the work
associated with them, the four divisions of human society are created
by Me. And although I am the creator of this system, you should know
that I am yet the non-doer, being unchangeable."14
Actually if one go though the entire text of Chapter-4 and all Slokas
preceding and succeeding the above Sloka No.13 of Gita, one would
certainly feel that this is a subterfuge interpolated intelligently and
cleverly by some one eminent from priestly class as no relevance is
noticeable in preceding and succeeding Slokas with the Sloka No.13 in
question. Thus it seems that some clandestine efforts might have been
made by someone to put such words in the mouth of the Lord Almighty
to create an impression that the Varna system is the creation of God
97
and not man-made and give it a divine status in order to ensure that the
same is never challenged by the victim varna or caste and adherence to
the same remains complete and unquestionable. Same may appear true
in the case of Rigveda's Verse (Sloka) No.12, Hymn No.90, known as
"Purush Sukta" of 10th Mandal which says that all Varnas are produced
from different parts of the body of the God. The Almighty God, in
above Verse No.12 of the Rigveda said that the "Brahmin, Kshatriya ,
Vaishya and Shudra were produced by Him respectively from His
mouth, arms, thighs and the feet". The preceding and succeeding slockas
of Slock No.12 mentioned above do not bear any relevance with this
slock No.12. So the repugnancy of the said Verse No.12 of Rigved can
easily be understood even by a man of ordinary prudence and
intelligence. Either it might be interpolation or it might be the conscious
efforts of someone to incorporate it at original stage as it stands and
seen to-day. The divine theory of creation of Varnas says that the
Brahmins are born from His mouth, the Kshatriyas from His arms, the
Vaishays from His thighs and the Sudras are created from the feet of
the Lord, the Purna-Purusha. He created Brahmins with Gayatri Mantra
(Metre), the Kshatriyas with Trishutubh, the Vaishyas with Jagati and
the Sudras without any metre. The first three Varnas are twice born
(Dwij), the first birth being from the mother and the second from the
investiture with the sacred girdle. In the second birth Savitri is the
mother and the teacher is the father because he gives instruction in the
Vedas. Therefore, the first three Varnas are born twice while the Sudra
is born only once. "It is popularly held that in the beginning, there were
only three Varnas and the fourth Varna of the Shudra is an outcome of
the fight between Brahmins and Kshatriyas for the Supremacy in the
98
Varna hierarchy."15
The Sudras are therefore also called "Padaja." i.e. born from the feet
and therefore the lowest ones. Such divinity ascribed to Varna System
and Caste System successfully survived through centuries and ages in
India and drew strength from such divine theory and lived on its
sustenance.

5. Guild Theory:-16
As per Guild theory, specific occupation, trade, business, calling,
commerce indulged in by a group of people created a class or caste
which followed same means of livelihood which resulted in social
bond knitting them together for all social and economic common goal,
aims and objectives. This is a system by which the resources, methods
and profits of each industry should be controlled by a council of its
members. In India such guild used to be formed of individuals of the
same caste or varna which in a way supported Varna System and Caste
System, rather perpetuated the same providing all nourishment to the
system with pride and glory.

6. Religious Theory:-17
The Hindu religion, as mentioned above, through its priestly class,
propagated the divinity of the Varna and Caste System emphasising the
same to be the creation of God and hence unchangeable and life-long and
leaving no scope for modification, amendment or change in the same
system. As the same is creation of God, man has no right to effect any
change, whatsoever, in the Varna or Caste System was the main thrust of
religious theory. This theory was further supported and strengthened by
99
the theory of "Karma" and "Rebirth" i.e. "Punarjanma." The Shudras are
suffering the sins of their previous birth was the justification offered by
the scriptures and propagated by the 'dwij' varnas.

7. Evolution Theory:-18
This theory believes that the Caste System did not come into existence
all of a sudden. Number of factors played their parts which are as under:-
(1) Hereditary occupation.
(2) The desire of Brahmins to keep themselves pure.
(3) The lack of rigid unitary control of the State.
(4) The unwillingness of the rulers to enforce a uniform standard
of law and custom and their readiness to recognise the varying
customs of different groups as valid.
(5) Belief in re-incarnation and the doctrine of Karma.
(6) Ideas of exclusive family, ancestor worship and the sacramental
meal.
(7) Clash of antagonistic cultures particularly of the Patriarchal
and Matriarchal System.
(8) Clash of races, colour prejudices and conquest.
(9) Deliberate economic and administrative policies followed by
the various conquerors particularly by the British.
(10) Geographical isolation of the Indian Peninsula.
(11) Static nature of Hindu Society.
(12) Foreign invasions.
(13) Rural social structure.
(14) Hindu traditional mind-set of social exclusion making large
section of society as untouchable and unapproachable.
100
 Merits and demerits of Caste System in India:- In India, the
Brahmins retained their supremacy over Sudras and others for two
thousand years. The interdependence of Caste i.e. "Jajmani System"-
'Jajmani means "Patrons" and Parjan means "Servant" System reduced
into exploitation of lower Castes. The caste system provides fixed social
environment and fostered fellow feeling among members of the same
caste. Economic pursuits are well defined in the caste system and
hence focussed concentration used to be there which can strengthen
expertise easily. Caste system did not breed class struggle. The demerits
of caste are many. It denied vertical mobility to the members of other
castes who belonged to the Shudra and Ati-Shudra varnas and castes.
Untouchability was born out of caste system which is a blot on the
Hindu society. Individual Caste solidarity was there but the national
solidarity was retarded due to the caste system. Caste is an obstacle to
national unity. It was also an obstacle to social progress and quite anti-
democratic in nature and character. It promoted undesirable spirit of
casteism and narrow mindedness in the people of the country. It created
the idea of high and low among people.

Modern trends of Caste System in India:-

Social change requires social adaptation. Law as an instrument of
Social Change compels social as well as legal adaptation. Vishwamitra
was Kshatriya and subsequently became Brahmin but such social
mobility is rarely seen in the social scenario existed then and now.

1. Reform movement and western education:-

It brought about tremendous change in Caste System and the Caste
101
rigidity slowly and gradually started melting under the new British
dispensation. The British brought with them to India a casteless culture
and literature full of thoughts on individual liberty. The social reformers
like Raja Ram Mohan Roy, Devendranath Tagore, Swami Dayanand
Saraswati (Arya Samaj), Jotiba Phooley, Dr. Ambedkar and others played
crucial roles in reforming Indian Society especially Hindu Society. Though
Arya Samaj is opposed to Castes but it thought of substitution of Castes
by four fold system i.e. Varnashram Vyavastha (System). Mahatma Joti
Rao Phooley from Poona of Maharashtra was Mali by Caste. His
contribution in removal of untouchability and upliftment of downtrodden
was quite commendable. He established "Satya Shodhak Samaj" in
Maharashtra and carried out social and educational reforms. He established
Primary School for untouchables and for girl child in Maharashtra. He
advocated all castes representation in local bodies. Keshavchandra Sen
started crusade against caste. He advocated intercaste marriages. The
Theosophical movement started by Annie Besant who (was President of
the Theosophical Society) advocated abolition of Caste System since
1893. The Nationalist movement led by Mahatma Gandhi laid special
emphasis on removal of untouchability. Mahatma Gandhi made
programme for removal of untouchability a national one. Dr. B.R.
Ambedkar led a relentless crusade against social evils of untouchability
and casteism including Varnashram Vyastha and firstly depended on
social awakening of Dalits by various Satyagraha like temple entry,
drawing water19 from public lake etc. and then realised that law was in
fact the real instrument for social change in a desired manner and therefore
put all his efforts and energies in formulation of various social legislations
and ultimately drafting and enacting Constitution of India.
102
 2. Legislation during British Rule:-
The Britishers introduced Uniform Criminal Law in India which
totally abolished Caste based discrimination in the matters of
dispensation of justice and especially in the matters of punishment
which was not based on gravity of crime but was based on the caste of
the victim or the perpetrator of the crime. For the same offence,
sentence used to be different for Brahmin, Kshatriya, Vaishya and
Shudra. There was very little punishment for Brahmin even for grave
offences whereas punishment meted out to Shudras for the same matters
used to be extremely harsh. All such anomalies based on Caste and
Varna was done away with by the Britishers under Uniform Criminal
Law introduced by them in British India. They removed from the
Panchayats many matters that used to be erstwhile adjudicated by them.
They also tackled the Civil matters on uniform patterns. They
introduced (1) The Widow Remarriage Act, 1856. For the first time
Hindu women in history of India, got the right to re-marry which no
authority had introduced earlier prior to the advent of Britishers in
India. They also introduced (2) The Caste Disabilities Removal Act,
1850 - This law gave blow to caste integrity. The Act facilitates
conversion to another religion or admission into another caste without
affecting the property rights of the person. (3) The Special Marriage
Act, 1872 - Any person can marry in any caste or creed provided the
marriage is registered. Britishers recognised the rights of the
untouchables to be properly educated and to be given all social,
economic and political benefits. Britishers thus removed the civil
disabilities. In 1925 in Madras, all public wells and schools were thrown
open to all classes including the depressed castes. Government
103
scholarships and concessions in fees were given to the members of
depressed class.

Role of new education introduced by the Britishers:-

The Britishers introduced English system/Western system of
education. The educational institutions were open to all without caste
distinction. For the first time in the history of India the Shudras, the
Ati-Shudra, the lowest castes' people and the women got the taste and
benefit of education. During British rule, Jotiba Phooley opened girls
schools in which girls belonging to the low castes Mahars, Mangs,
Chamars and others were admitted by him. He had drawn inspiration
about female schools belonging to American Mission conducted by
Miss. Farrar and was highly pleased with the manner in which the girls
in those schools were educated. Miss. Farrar expressed to Jotiba and
Govande "great sorrow at the neglect of female education in the
country." "Immediately on my return to Poona," Jotiba said, "I opened
a low caste female school, allowing such boys as wished to do so to
attend, to attend also." Modern schools were started in India in the
second decade of the nineteenth century. The first school for Hindu
girls was started in Calcutta in 1819. The American Mission started
one in Bombay in 1824. The American Missions started girls' schools
in the neighbourhood of Poona in 1840. There was a girls' school kept
by the Scottish Missionaries in Poona. Thereafter in entire India
Britishers started schools and colleges and also encouraged native people
in this regard. The new education brought new ideas of liberty, equality,
fraternity and secularism. The role of education can be appreciated by
the fact that it produced a great giant like Dr. B.R. Ambedkar, an
104
untouchable who drafted the Constitution of independent India. His
grand-father Maloji Sakpal was Havaldar in the Bombay Army of East
India Company. His father Ramji Sakpal also joined the British army
as a civilian teacher and became Headmaster with the rank of Subedar
Major.20 The Britishers had made education compulsory for the children
of their soldiers and thus Dr.B.R. Ambedkar's father and Dr. B.R.
Ambedkar got the benefit of the new education. The Britishers extended
necessary help in this regard and as a result the Shudras and the
untouchables who joined British army got benefit of education for
their children without any distinction of caste, creed or religion. Thus
new education introduced by the Britishers facilitated vertical social
mobility for the Shudras, Ati-Shudras and the women and also
facilitated their choice of occupation which was restricted before the
advent of the Britishers in India due to the rigid caste and varna system.
The new education changed many old values. Many social dogmas
vanished with the spread of education. The total exclusion of the
Shudras, untouchables and women from receiving education right from
Vedic period by the various scriptures, disappeared due to introduction
of new education system by the Britishers in India. Montengue
Chelmsford Scheme extended special representation to depressed class.
Though the Britishers were first to make the beginning in extending
various benefits to Scheduled Castes and Scheduled Tribes, the measures
were felt to be half-hearted.

Impact of Industrial Revolution:-

Industrialisation led to urbanisation. Urbanisation led to the
weakening of Caste bond. Industry used to employ workers from all
105
community. Occupational mobility took place. Hereditary occupational
superiority disappeared and lower castes for the first time got an
opportunity to change their traditional occupation. This led to the
enhancement in their status and role also. They migrated to urban
centres from villages. Their own viewpoint on many aspects of life
also got widened. Their caste consciousness or class consciousness
increased due to identical problems and situations they all faced at
work places. Their children also now started receiving better education
compared with urban centres. Thus the industrialisation proved to be
a boon to the Dalits as it led to their advancement in life.
Number of Scheduled Castes in India :-
Statement showing Castes enumerated as Scheduled Castes21 as per
Census of India, 1961, Vol. I, Part V-A (1) Special table for the Scheduled
Castes is as under:-
Table N0.2-1
State-wise Castes enumerated as Scheduled Castes.
Sl. No. States / Union Territories No. of castes enumerated as Scheduled Castes
1. Andhra Pradesh 60
2. Assam 16
3. Bihar 23
4. Gujarat 42
5. Jammu and Kashmir 13
6. Kerala 70
7. Madhya Pradesh 73
8. Tamil Nadu 79
9. Maharashtra 77
10. Karnataka 127
106
11. Orissa 94
12. Punjab 37
13. Rajasthan 114
14. Uttar Pradesh 66
15. West Bengal 63
16. Delhi 36
17. Himachal Pradesh 52
18. Manipur 7
19. Tripura 37
20. Dadra and Nagar Haveli 4
21. Nagaland 16
Total 1106

Source:- The Census of India, 1961, Vol. I, Part V-A (l) - Special
table for the Scheduled Castes.
The untouchable castes are not known by the same names in all the
States of India. The above list is not exhaustive as even the Chamar
itself had as many as 1156 Chamar castes and sub-castes. These figures
are not inclusive of untouchables belonging to Christianity and Sikhism
even though they continue to be practically untouchables despite their
change of religion.
Various Hindu Scriptures supported Varna, Caste and Untouchability
and that is the reason why it is so difficult to root it out from Hindu
society. The religious sanction created a social code of conduct which
in turn created economic and political codes. For example, the
untouchables were not supposed to touch animate and inanimate objects
because it was believed that those things would get polluted if they
107
were touched by the untouchables. In such a situation, the untouchable
cannot become economically independent. Everything touched by him
would get polluted and therefore, persons belonging to the other castes
will not touch anything that he prepares. Hence he cannot start a
restaurant. This is just one of the many examples which points out the
sheer helplessness of an untouchable in the matter of pursuing a viable,
gainful economic activity "observed N.D. Kamble.22
Legal position with regard to the Shudras and the Untouchables in
ancient as well as medieval India:-
The ancient and medieval laws in India were heavily biased and
prejudiced against Shudras and untouchables i.e. mainly present day
OBCs, Scheduled Castes and Scheduled Tribes. The ancient and
medieval laws did not provide for any mechanism for social change as
is the case now. On the contrary status quo was rigidly stuck to and
followed firmly and deviation, even slightest one used to be considered
for the most severest of the severe punishments, not uniformally for
all but for Shudra only.
Status of Brahmin:- The Brahmin enjoyed enviable status, the super
most as compared to rest of the Varnas. For deviant behaviour, for
culpable crimes including murder, rape, arson etc., the Brahmins were
subjected to very minor punishment, or in many cases, no punishment
at all. The entire legal system and all Laws governing the conduct of
citizens/subjects very leniently supported even their (Brahmins')
misdeeds whereas the prescribed punishment for Shudras for similar
misdeeds was unimaginable, most cruel and unkindest of all. The
Brahmins' social, economic, political and cultural status was unparallel
in society as they not only enjoyed respect from all Varnas, but were
108
revered and considered on par with God and even at times superior
than God as mentioned in several Verses and Slokas in many scriptures
including Manusmriti.
Status of Kshatriyas:- The Kshatriya, always and all time enjoyed
second number status in the Varna-Vyastha. They enjoyed absolute
political power but always subject to the Brahminical dictates and
they accepted Brahminical superiority without any word of protest
and felt abundantly proud in receiving blessings from them - i.e.
Brahmins. All Kshatriyas including Rama and Krishna, Pandavas and
Kauravas submissively obeyed the political, social, economical and
cultural directions and guidance, advice and admonition tendered by
Brahmins. In fact obedience to such advice was so powerful that
many a times, the Kshatriya Kings and Emperors blindly followed
what was tendered to them in the form of optional and voluntary
advice. Take the example of a King no less than Lord Rama himself,
who killed Shambuk, a Shudra, on the very strange advice from
Brahmins, even without any crime and even without the slightest
provocation from Shambuk who was simply practising penance in
deep forest and was unarmed and engrossed in meditation when his
head was chopped off by Lord Ram without any dialogue or warning
or providing any opportunity to be heard for commission or omission,
if any, on his part.
Status of Vaishyas:- The Vaishyas enjoyed third role and status in
ancient as well as medieval period and as they too were deprived from
the privilege of possessing and using sacred girdle (Janoi), they too at
times had to face Varna and Caste discrimination. They had accepted
their third status in social structure of status as fate accompli. They
109
looked after agriculture, cow protection, trade and commerce. They
were not, in any way, connected with the affairs of the state.
Status of Sudra:- The Sudra's status was last and at the bottom of
social hierarchy. They were supposed to have been born from the feet
of the Supreme Lord and hence they enjoyed rather suffered the lowest
status in society. Enjoying highest or lowest status is no problem
world over because the phenomenon of the highest and the lowest
status was and is prevalent everywhere but what was and is
objectionable and reprehensible in India is the imposition of most
cruel sanctions and restrictions on them merely because they were
born in low caste and certainly not on account of any other
consideration. As mentioned by N.D. Kamble,23 many restrictions were
imposed on the Shudras of which a few could be mentioned to evaluate
or compare the status of Shudra.
(1) The Shudra was prohibited from milking a cow whose milk was
to be used for Agnihotra.24
(2) He was prohibited from witnessing performance of sacrifice. 25
(3) He was prohibited from taking soma drink.26
(4) He was prohibited from initiation (Upanayana or wearing of the
sacred thread) and he was also prohibited from studying the Vedas
and from kindling the sacred fire (right of sacrifice).27
If a Vaishya or Shudra comes as a guest to Brahmin's house he
should be served food along with the servants.28 If a Shudra comes as
a guest to a Brahmin's house he shall be given work29 for his hospitality
he be punished 100 pannas,30 because the Shudra is not worthy of
respect on the ground of his age or wealth or knowledge, howsoever
considerable those may be.31 He cannot be anything else but a servant.32
110
The Shudras were not only prohibited from learning the Vedas, the
Vedas could not even be recited before the Shudras by law.33 The
recitation of the Vedas was interrupted merely by a look at the Sudra
women. The food touched by the first three Varnas is impure but not
unfit for eating, while if it is touched by the impure Shudra, it should
not be eaten.34 If a Brahmin dines with a Shudra at a Shraadha ceremony
(ceremony of worshipping dead ancestors) all merits of the dinner will
be destroyed.35 If a Brahmin dines off food given by a Shudra he is
reborn as a village pig or in a Shudra family. After the food if he
indulges in sexual intercourse with a Shudra woman and a child is
born, he becomes a Shudra and shall not ascend to the heaven.36 Neither
the Shudras are carried by the twice born nor the twice born are carried
by the Shudra.37 A Brahmin may not dwell in the kingdom of a Shudra
or invader or low born men.38
Such was the discrimination among Varnas especially
between twice born and the Shudra. Most of the rules, almost all
invariably, were to the advantage of higher Varnas and to the
disadvantage and were detrimental to the Shudras. The higher was the
position of a Varna in the social hierarchy, the more was the advantage
to that Varna from these rules and regulations. In such system, the
Shudra had no privilege but slavery ascribed into his fate by injurious,
unjust, unreasonable and atrocious Varnashram Vyavastha which at
times is glorified by some social scientists. Due to such deplorable
restrictions the Shudras, they were in fact rendered helpless in matter
of pursuing gainful economic activity.
Ancient and medieval Indian Justice System faulty and deplorable:-
If law is made for common good, greatest good of the largest number
111
of people, the same can work wonders for people's welfare but when
law and judicial systems are not just, not fair, not reasonable, judicial
system itself becomes injudicious and atrocious as can be seen from
the dispensation of justice prevalent in those days as listed out in
following statement. Even the judiciary was most discriminative in
those days. For the same and similar offences punishment prescribed
was rigorous for the lower Varnas in general and the Shudras in
particular but for the same offence the Brahmins were subjected to
very light punishment or at times no punishment at all. Statement
showing discriminative justice in ancient India is under:-
Table N0.2-2
Discriminative and atrocious Justice in Ancient India.
(Worst Victim of Atrocities - Shudra)
Offence Offender Victim Punishment to Offender
Killing39 Any one Kshatriya Giving 100 cows to Brahmins
Killing40 Any one Vaishya Giving 100 cows to Brahmins
Killing41 Any one Sudra Giving 10 cows to Brahmins
Abusing42 Kshatriya Brahmin 200 (karshapanas)
Abusing43 Vaishya Brahmin 150 (karshapanas)
Abusing44 Brahmin Kshatriya 50 (karshapanas)
Abusing45 Brahmin Vaishya 25 (karshapanas)
Abusing46 Brahmin Sudra Nil
Reviling47 Vaishya Kshatriya 100 panas
Reviling48 Kshatriya Vaishya 50 panas
Reviling49 Kshatriya Sudra 20 panas
Abusing50 Sudra Vaishya Compelled to pay fine
Abusing51 Sudra Kshatriya Payment of fine doubled that of
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 Vaishya
Abusing52 Sudra Brahmin The highest fine. To be killed,
Capital punishment
Reviling53 Kshatriya Brahmin 100 panas
Reviling54 Vaishya Brahmin 150 - 200 panas
Reviling55 Sudra Brahmin Corporal punishment
Insult56 Brahmin Kshatriya 50 panas
Insult57 Brahmin Vaishya 25 panas
Insult58 Brahmin Sudra 12 panas
Murder59 Any one Brahmin Penance
Murder60 Any one Kshatriya 1/4 of the penance prescribed for
slaying a Brahmin
Murder61 Any one Vaishya 1/8 of the penance prescribed for
slaying a Brahmin
Murder62 Any one Sudra 1/16 of the penance prescribed for
(Virtuous) slaying a Brahmin
Slaying63 Brahmin Kshatriya 1000 cows and bulls or three
years (with senses subdued and
locks braided, follow the
observances of one who has slain
a Brahmin living in a place far
from town, his dwelling place
shall be the foot of a tree.
Slaying64 Brahmin Vaishya Punishment for one year as above
(Involuntarily) (Virtuous) and giving of 10 cattle (heads of
cattle) to Brahmin.

113
Slaying65 Any one Sudra. Same observance for
(Involuntarily) six months or giving of white
cows and a bull to a priest
(Brahmin).
Insulting66 Any one Superior King shall cut off the limb
Superior (except caste
casteby limbs Brahmin)
(a) Seating on a Any one Superior caste Banishing with a
seat of superior (except mark on buttocks
Brahmin)
(b) Spit on superior Any one Superior caste Lose both lips
(except
Brahmin)
(c) Breaking wind Any one Superior caste Lose his hind parts
against superior (except
caste Brahmin)
(d) Abusive language Any one Superior caste Lose tongue
(except
Brahmin)
(e) Instructing about Any one Superior caste Hot oil be dropped into his
duties about pride (except mouth
to higher caste Brahmin)
(f) Mentioning the Any one Superior caste Ten fingers long (hot red)
name of superior (except iron pin shall be thrust into
revilingly Brahmin) his mouth.

114
(g) Teaching the Sudra Nil Cutting off his tongue
precepts of religion
or uttering Vedas
insulting a Brahmin67
(h) Listening68 Sudra Nil (i) Ears shall be filled with
intentionally to the (molten tintac).
Vedas
(i) Reciting69 Veda Sudra Nil (ii) Tongue shall be cut off
Prohibitions
(i) Teaching Sudra Dwija Nil Unfit for being invited at the
or70 learning performance in honour of
from Sudra Devas and Pitris
(ii) Advising, giving Dwija Nil Together with Sudra shall
food or butter to sink in the darkness of hell
Sudra that has called Asamvrita
been offence71
(iii) Teaching of law to Dwija Nil Together with Sudra shall
Sudra72 sink in the darkness of hell
(iv) (Giving instructions Dwija Nil Together with Sudra shall
on religious sink in the darkness of hell
matters73 called Asamvrita
Adultery74 Dwija Sudra woman Shall be banished
Adultery Sudra Dwija woman Capital punishment
Criminal Sudra Any woman Organ (penis) shall be cut
intercourse75 off and property be
confiscated. If the woman
has a protector (i.e., under
115
 guardianship of
somebody). Sudra shall be
executed after having
undergone above
prescribed punishment
Loving a girl76 of Sudra Dwija woman Corporal punishment
Dwija
Cohabiting77 with Sudra Dwija woman If she is not guarded,
Dwija women deprive his members and
all his property and of
anything if she is guarded
Intentionally Sudra Dwija woman Shall be deprived of the
reviling by criminal limb with which he offends
abuse or assault78
Assuming Sudra Dwija woman Corporal punishment
equal position with
twice born in laying
down in conversati-
on or on the road79
Assault with Sudra Dwija Cut off his tongue
virulent words80
Mentioning names Sudra Dwija Red hot iron rod ten fingers
in insulting long be thrust into his
manner81 mouth
Instructing priest Sudra Brahmin Boiling hot oil be poured
regarding his into his mouth and ear
duties82
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Lifting up hand Sudra Dwija Cut off his hands
or staff83
Smites with feet Sudra Dwija Cut off his feet
in anger84
Sits down by the si- Sudra Dwija To be banished after being
de of high born85 branded on his hip or his
backside be cut off
Spitting86 Sudra Dwija Cut off lips
Making water87 Sudra Dwija Cut off penis
Breaking wind88 Sudra Dwija Cut off anus
If he seizes by the Sudra Dwija Split tongue and put on stakes
locks89
False accusation90 Sudra Dwija Cut off both his hands also
(if he seize by feet) hand,
neck, testicles
Insulting, referring Sudra Dwija Cut off tongue, ten fingers
with contempt91 long red hot iron rod should
be thrust into his mouth
Giving lessons to Sudra Brahmins Hot oil be poured into his
Brahmins about mouth and ear
their duty92
Offending93 Sudra Dwija The concerned limb should
be cut off
Seating with high Sudra Dwija To be branded on his hip,
caste94 banished or his backside
be gashed
Arrogance spit95 Sudra Dwija Cut off lips
Making water96 Sudra Dwija Cut off penis
Breaking wind97 Sudra Dwija Cut off buttocks
117
 The above statement shows the extent of atrocious behaviour and
conduct against Shudras by other Varnas. They were even subjected to
severe punishments even for natural instinct like breaking wind for
which cutting off their buttocks was provided in Narada Smriti. Even
seating with high caste entailed punishment of branding on hip, banished
or backside be gushed. The punishment of cutting off anus was provided
for breaking wind by a Shudra in Manu Smriti Chapter VIII, verses
279-84. Such atrocity and cruelty cannot be found in any scriptures all
over the world except in India in Hindu religious scriptures.
Law as an instrument of change did wonders when the above ancient
laws were replaced in India by Britishers providing just, fair and
reasonable laws based on principle of equality before law and equal
protection of law in the form of Indian Penal Code, Code of Criminal
Procedure, Evidence Act and many Special Laws enacted to bring
desired change in Indian Society through law as an effective instrument
of social change.
Functions, works and occupations of various Varnas were as under:-
We can see discrimination done to the Shudra communities in
distribution of work and different functions in the society. Duties/works
and occupations of different Varnas were as under:-

Brahmins' duties/works/occupation were:

(1) teaching,
(2) study
(3) sacrifices (as priest) for others and also giving and receiving
gifts.
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 The Kshatriyas' duties/works/occupations were :-
(1) defence of the people
(2) giving alms
(3) sacrifice
(4) study and absence of attachment to objects of senses.

The Vaishyas' duties/functions/occupations were:-

(1) tending cattle
(2) giving alms
(3) sacrifice
(4) study
(5) trade and agriculture

The duties/functions/occupations of Shudra were:-

Serving the upper castes without grudging was the duty of the
Shudras.98 A Brahmin may take the belongings of the Shudra with
perfect peace of mind as nothing belongs to the Shudra but to his
master.99 The mere sight of possession of wealth by the Shudra injures
a Brahmin.100 A Shudra giving judicial decision would sink the
kingdom into misfortune.101
The region chiefly inhabited by the Shudras is bound to be oppressed
by famine and disease.102 Even if freed by his master, the Shudra,
whether bought or not by the Brahmin, may be compelled to practise
servitude as he was created merely to serve the Brahmin.103 To serve
the upper three castes was ordained for the Shudra. The higher the
caste he served, greater would be the merit.104 If the Shudra pursues
his duties without complaining against the system, then he gains in
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this world as also in the other world.105His mild speech, submissiveness
to the Brahmins give him a higher birth.106 He may serve the Kshatriya
for subsistence, the Vaishyas for support of life and the Brahmin for
the heaven. However, food which was left over, old clothes, blighted
part of grains and very old furniture could be given to the Sudras.107
Thus the social, cultural and educational position of Shudras was worst
in ancient times. Thus we can see the discrimination done to the Shudra
communities in distribution of work and different functions in the
society. The Shudras were given menial work/occupations which were
considered to be impure and untouchable. These works were lowly
paid or they had to perform without any financial remuneration.
Originally the Shudras were the Kings and belonged to the ruling class.108
They were made slaves and were subjected to above mentioned
indignities in all fields of human activities.
Untouchability in ancient India:- Shudras were divided into
"Bhojyanna" (food prepared by whom is partaken by Brahmins) and
"Abhojyanna" (food prepared by whom is not partaken by Brahmins).
The first includes owned slaves.109 Historically the untouchables were
abhojyanna and therefore, were not Dasas or Slaves or domestic Servants
in ancient times. Shudras known as Chandalas, Vishadas, Vartyas or
untouchables were out of the Varna System. They lived outside the
localities. For example, an untouchable caste in Karnataka State, Mang
and Mahar castes in Maharashtra, Adi Dravidas in Tamil Nadu, Chamars
in North India and Domes in Bengal live on the outskirts of the villages.
These castes are also known as 'Avarnas' meaning thereby that they do
not belong to the 'Varnas'.
There was no fifth Varna in the earlier Smritis but the untouchables
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were referred to as 'Panchamas'. Panchamas were also regarded as
'Hinas' of four types. (1) Hina Janmana (born against rule of
marriage. 110), (2) Vratyas. 111 (failure of Dwija in performing
'Upanayanam' at proper time), (3) Mlechas living in Mlecha land.112 (4)
Kshatriyas who stopped performance of sacred ceremonies. The Hinas
did not accept the authority of the Vedas, the system of the twice born
and the caste system laid down by the Brahmins. The Jains and the
Buddhist113 did not accept the Vedas, the Varnashram System of twice
born.
Dasas or Dasyus were Non-Aryans and did not belong to the Varnas114
hence they are treated as Avarnas. They were opposed to Varna System
and did not follow Brahminic ceremonies.115 They were conquered and
gradually made slaves.116 They had to suffer a lot. The very name Shudra
is derived from Shue (sorrow) and Dru (overcome) which means that
one who has overcome sorrow.117 Dasyus or Dasas are the same as
Nagas. Dasa is a Sanskritised form of the Indo-Iranian word 'Dahaka'
who was the King of the Nagas.118 Indra consigned the base Dasa Varna
to the Cave119 and undertook task of subjugation.120 and destruction
of Dasa.121 He made Dasyus Hinas122 and gradually transformed them
into Shudras.123 Dasas and Dasyus are synonymous and in some places
they are described as Asuras.124 It seems several wars were fought
between Aryas or Aryans and Dasas. During these wars the Aryas prayed
to Indra for subduing the Dasa in favour of Aryas.125
The Kings like Kshemagupta and Shri Harsha in Kashmir dealt
ruthlessly with the Buddhists. At the instance of Kumaril Bhatt, the
Buddhists were driven out of Kerala. King Sudhanvan issued an
injunction that from the Bridge of Ram is Shri Lanka to the Himalayas,
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one who does not slay a Buddhist, both old and young, shall be slain.126
Thus, many Buddhist countries were destroyed because of their non-
believing in the Vedas and the Varna System. After their conquest they
were made slaves and were not given the position of even Shudras but
Chandalyas - the untouchables. Therefore they were kept outside of
the Varna System - whereas the Jains who not only accepted127 the Varna
System but also the superiority of Brahmins and Brahmins were made
the priests of Jain temples.128 They did not have alternative but to
surrender to Brahminism. As a reward the Jains were not regarded as
Mlechas or Panchamas.
Marriages and Caste multiplication:- Legally, the Shudra could
marry only a Sudra woman, Vaishya could marry a Shudra and/or a
Vaishya woman, Kshatriya could marry a Shudra, a Vaishya and a
Kshatriya woman while a Brahmin woman could be a wife of only a
Brahmin.129 Shudra did not have the right of property.130 The Dwijas
took advantage of it and reduced the Shudra woman's position to that
of Dasi or Concubine. The powerful Shudra married a Brahmin woman.
In order to prevent such marriage, pratiloma marriage was prohibited
and persons concerned were regarded as Chandalas.131 Their status was
degraded i.e. after the touch of a Chandala, one should converse with a
Brahmin and after seeing a Chandala, one should look at either the sun
or the moon or the stars for purification. A child born to a Brahmin by
a Shudra woman was deprived of Brahminhood.132 Then both Anuloma
(higher caste male and lower caste female) and Pratiloma (lower caste
male and higher caste female) marriages were prohibited.133
The offsprings of Anuloma marriage were given intermediate caste
above the mother's caste and below the father's caste.134 This law
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multiplied castes. Some examples can be cited as under:-135
Table N0.2-3
Intermediate caste given to the offsprings of ‘Anulom’ marriage

1. Brahmin man + Vaishya woman = Ambastha

2. Brahmin man + Sudra woman = Nishad
3. Kshatriya man + Sudra woman = Ugra
4. Kshatriya man + Brahmin woman = Suta
5. Vaishya man + Kshatriya woman = Magadha
6. Vaishya man + Brahmin woman = Vaideha
7. Sudra man + Vaishya woman = Ayogara
8. Sudra man + Kshatriya woman = Kshattar
9. Sudra man + Brahmin woman = Chandala
10. Brahmin man + Ugra woman = Awrita
11. Brahmin man + Ambastha woman = Abhita
12. Brahmin man + Ayogava = Shigyana
13. Nishada man + Sudra woman = Pukkasa
14. Sudra man + Nishada woman = Kukkutta
15. Kshatriya man + Ugra woman = Swapaka
16. Vaidehaka man + Ambastha woman = Vena

Thus the entire social system was governed by the Brahminical law
which was regressive in its character and was used as an instrument by
socially privileged Dwijas who were also economically and politically
powerful to keep the Shudras and the Avarnas in subjugation and
perpetual poverty. An arrangement was made so that the subjugated
class could never rise even in future by way of depriving them of any
chance of economic power. This has continued even to-day and as a
123
result the Avarnas/Panchamas or scheduled castes are deprived of the
economic power or property.
In Hindu Varna System stratification, those who were outside its
fold/system were known as Avarnas or Panchanas or Antyajas in
different span of time. They were external in the sense that they were
required to stay outside the village settlement. The concept of pollution
was attached to them and they were treated as untouchable castes. These
castes were systematically listed in the 1931 Census of India. These
untouchable Castes were officially defined as "depressed castes" in
1932.136 Before that in 1931, Gandhiji named them Harijans where
'Hari' means God, 'Jan' means people and thus 'Harijan' means "people
of God." Gandhiji seems to have borrowed this world from a Gujarat
poet Narsinh Mehta who had used this word "Harijan" first in his
devotional songs. This word in Marathi, Gujarati, Hindi and other
languages means a child whose father's identity is unknown,137and hence
bastard progeny. Therefore, the name Harijan was not only disliked but
was hated and opposed by the untouchables. Their reaction is not
adverse to the word "Scheduled Castes" or even to the word
"untouchable." As a result, there was wild cry, an agitation and strong
opposition to the Bill using the word Harijan in the Bombay Legislative
Assembly. It was duly replaced by the term Scheduled Castes138 in 1938
and it continues to be used as Scheduled Castes in Government records
and circulars even to-day. The expression Scheduled castes was first
coined by the Simon Commission and embodied in the Government of
India Act, 1935. While castes were listed systematically in the 1931
Census of India, the terms Scheduled Castes (S.Cs.) were applied to
these castes for the first time in the Government of India Act, 1935.
124
Until then, they were known as untouchables, depressed classes or
exterior castes. Then the Government of India published a list of
Scheduled Castes under the Government of India (Scheduled Castes)
Order, 1936.
In the process of evolution of caste on the principles of graded
Chaturvarna (four Varnas) and ceremonial purity, large number of
people variously known as the Panchamas or exterior castes or Antyajas
or Ati-Shudras fell outside the pale of the Chaturvarna System and
hence are known as Avarnas (not belonging to Varnas). It seems probable
that inter-varna struggles and other religious and historical developments
were predominant in the evolution of the four Varnas and the fifth
group of the Avarnas. They were denied the rights enjoyed by the
Brahmins, Kshatriyas, Vaishyas and even Shudras such as the rights of
Upanayana (to wear the sacred thread), learning, bearing arms, trade
and other "clean" occupations. They had no status as persons in the
eyes of law as observed in the Hindu Shastras. Moreover they were
forced to live on the outskirts of the savarna-village (belonging to higher
Varnas) thus restricting their mobility. In effect, they were segregated
and became the Antyajas and Untouchables. Lord Buddha, who was
perhaps the first great teacher of mankind, raised a revolt against caste.
The Untouchables (Panchamas or Avarnas) were out of the Varna
System and had no share in the social, political and the judicial powers.
On the contrary they were slaves and were offered as presents to friends
or gifts to temples and were brought, sold and mortgaged in the same
manner as the land on which they dwelt or as the cattle or other property
of their owners.139 The master had the right even to kill a slave.140 The
British rule through the East India Company in 1792 banned the slaves
125
trade. The practice of selling the slaves for arrears of land revenue was
discontinued in 1819. In 1843 an act was passed by which the right of
any person claiming a slave could not be investigated by public officers
or courts. The penalties of slave dealings were inserted in the Penal
Code of 1860, (Act XLV of 1860) but all caste distinctions, ceremonies
and prohibitions were respected.141 Despite these acts, caste tyranny
and oppression have remained vigorous.
During the modern times we find that the situation which existed
since Manu not only continued but worsened in the Peshwa regime.
The Mahars and Mangs, (Scheduled Castes in Maharashtra), were not
allowed to enter in the gates of Pune City after 3 P.M. and before 9
A.M. because during those hours the body casts too long a shadow
which, when it falls on a member of the higher castes, especially the
Brahmin, pollutes him.142 During the Peshwa rule in Maharashtra, the
Scheduled Castes had to carry earthen pots tied to their necks for their
spitting purpose so that they would not spit on the public roads. They
were required to carry brooms behind them as trails to efface their so
called polluted footprints. The lower castes hierarchies were required
to keep a respectable physical distance from the higher castes. For
example in Kerala Kammalas (artisan caste) had to keep a distance of
24 feet from the castes above them.143 Izhavas and castes in that group
(Polet Jatis) had to keep a minimum distance of 36 feet. Pulayas and
other Scheduled Castes had to keep a minimum distance of 64 feet.144
The touch of all castes below the Shudra caste group downwards caused
pollution to the castes above them.145
Untouchability in India is intimately, organically associated with the
institution of caste.146 Its rigid form is logical outcome of a peculiar
126
notion of pollution (miscalled ceremonial purity) sanctified by religion
and codified by the Brahminical discriminative laws. This not only
institutionalised the caste hierarchy and untouchability but gave it
socio-religious-legal approval.147 While talking with higher castes, the
untouchables had to (a) keep a distance ranging from 30 to 64 feet
according to the caste hierarchy of the person to whom he was talking.148
(b) bend his body, (c) cover his mouth by his hand, (d) address higher
castes by "Lord", "Sir", "Parents", etc., (e) address himself as slave, his
children as calves, his house as hut, his paddy as chaff and his rice as
dirty gruel.149
Men and women untouchables both were prohibited from:-
(a) wearing clothes above the waist and below the knees,
(b) wearing new clothes (Even when new clothes were bought they
were to be made dirty by dipping them in mud or rubbing on the dark
spots,
(c) wearing gold and silver ornaments and,
(d) using shoes not withstanding the thorns and sharp stones of the
jungle, paths,150.
Shanan Caste women who were much above the untouchable caste
in caste hierarchy were not allowed to cover their bosom, covering of
which led to riots in South Travancore.151 in 1932. If this was the case
with the Shanans, what could have been the plight of the untouchables?
The untouchable was not allowed to enter the house of the higher
up. However, he was allowed to work as a labourer during construction,
repair or storing the grains etc. But later the house was purified by
sprinkling cow urine or cow dung. If the Scheduled Caste touched the
utensils and other things, then non-inflammable things were to be put
127
on fire and then purified by sprinkling cow urine, while things like
clothes were to be purified by only sprinkling cow dung152 if it was
touched by a Scheduled Caste. Food was served to the Scheduled Caste
only outside the house in leaves or broken vessels which were to be
washed by him before and after use.153 A caste served only the caste
above it and since the Scheduled Caste was the lowest caste they had to
serve all castes and no caste served it.154 The Scheduled Caste member
was not allowed to walk on public roads or enter the temple. In the
Court of justice, he had to shout from the appointed distance and take
his chance of being heard. This is because he was prohibited from
entering the village or town and hence virtually prohibited from
employment, business and contact with the people.
Forms or types of Untouchability:- The Government of Madras
Presidency, was perhaps the first to put on record the manifest forms
of untouchability in the proceedings of its Board of Revenue (No.7237
of the 5th November, 1892). There were forms of oppression, hither
to only hinted at which are listed for punishing disobedience of Pariahs
against their masters.
(1) Bring false cases in village court or in the criminal courts.
(2) Detain, on application from Government, waste land lying all
around the paracheri so as to impound the Pariah's cattle or
obstruct the way to their temple.
(3) Have mirasi names fraudulently entered in the Government
account against the paracheri.
(4) Pull down the huts and destroy the growth in the backyards.
(5) Deny occupancy right even under possession from times
immemorial sub-tenancies.
128
(6) forcibly cut the Pariahs' crops and on being resisted charge them
with theft and rioting.
(7) under misrepresentation, get them to execute documents by which
they are afterwards ruined.
(8) cut off the flow of water to their fields.
(9) without legal notice have the property of sub-tenants attached for
the landlord's arrears of revenue.
In 1936 Dr. Ambedkar recorded that the Balais (Scheduled
Castes) of Central India were forced to observe certain rules
regarding the apparel, certain duties that they were asked to do
did not entitle the Balais any remuneration.155 The injunctions on
Balais were as follows:-
(1) The Balais must not wear gold lace bordered puggree and dhotis
with coloured or fancy borders.
(2) The women must not use gold or silver ornaments or fancy gowns
or jackets.
(3) They must render services without demanding remuneration and
must accept whatever a Hindu is pleased to give.
(4) They must convey information of the death of any Hindu to
relatives of the deceased, no matter how far they might be living.
(5) They must play music before processions of all Hindu marriages
and on some occasions. On one occasion when the Balais refused
to render the above mentioned services, the fanatic Hindus did
not allow them to take even water from the village wells and
forced them to abandon their houses where their ancestors lived
for generations.
The Hindus of Kavitha (Gujarat) ordered the untouchables
129
not to send their children to the Government School in the village,
which required them to undergo terrible suffering.156 In 1935 fetching
water in metal pots by the Scheduled Castes women was taken as an
affront to the dignity of the Hindus and hence the Scheduled Castes
women157 were often assaulted.
A Scheduled Caste member of Chakwara, after his return from
pilgrimage, arranged a dinner to his fellow castes of the village as an
act of religious obligation. He prepared sumptuous meals with some
items in ghee. While the Scheduled Castes were engaged in partaking
of the food, hundreds of Hindus armed with lathis, rushed to the scene,
spoiled the food and belaboured the Scheduled Castes who ran for
their lives. According to the Hindus, the Scheduled Castes host was
impertinent enough to serve ghee and his Scheduled Castes guests were
foolish enough to taste it.158 The Scheduled Castes in village in
Rajasthan were harassed and beaten, the crops were destroyed on their
refusal to lift and flay the cattle carcasses.159
The villagers in Saurashtra (in Gujarat) thought that the Scheduled
Castes were the cause of a cattle disease in the village and went in a
mob to assault them but the latter were not present and hence the assault
did not materialise.160
In September 1957 a series of riots and police firing took place in
Ramanathapuram district of Tamilnadu, when 122 villages were affected
and a number of houses of Pallers and Maravass (Scheduled Castes)
were burnt by Caste Hindus.161 In some places the Scheduled Castes
are not allowed to use common Paths and village Banias do not supply
their necessitites.162 The scavenger was required to carry a broom in his
hand or under his arm and was required to shout announcing his
130
polluting presence.163 The excessive untouchability in rural areas
coincided with the lethargic attitude of the police in curbing this evil.
The Scheduled Castes were not allowed to draw water from public
wells constructed by State Water Board and they had no access to hotels
and Dharamshalas.164
In spite of taking prior permission of the Police Patel and brothers
of village Sarpanch for playing musical instruments at the wedding of
a Scheduled Caste, as the Sarpanch was out of station, the Rajputs and
Thakors attacked the Scheduled Castes with lathis and dharias and a
Scheduled Caste succumbed to the injuries in Sargasan village in Kalol
taluka of Mehsana district in Gujarat.165
A person is an entity upon whom legal rights, powers and privileges
are conferred, to whom liberties are given and duties are prescribed.
Avarnas were not regarded as persons in the eyes of Law. This practice
continued till the rule of the British in India.166 The Sudras were
originally Kshatriyas. The Panchmas were also known as Hinas from
the Buddhist countries which the Brahmins regarded as Mlechas or
Hinas. Mlechas captured in war were made slaves.167 Brahmins,
Kshatriyas, Vaishyas and Shudras were regarded as Aryans. According
to Kautilya, the Aryans could in no case be allowed to remain slaves.168
In the case of sale of a minor from the four Varnas, the person was
fined twelve pannas, in case of Shudra it was twice or even four times
in the case of other Varnas.
The memorandum submitted to the United Nations by the Scheduled
Castes persons assembled in the Adi-Andhra Convention at Hyderabad
in December, 1968 enlisted 21 (twenty one) atrocities perpetuated by
caste Hindus on Scheduled Castes. One incident in the statement of
131
Mr. Rajnarayan, Member of Parliament, should be highlighted because
of its unique, morbid character. On 29 July, 1969, a Police Party led
by in-charge of Bakewar Police Station (Uttar Pradesh) raided the house
of Ramcharan, a poor Scheduled Caste man, took his wife and son to
the house of Chairman of the town area of Lakhana, stripped them
naked and the police forced mother to lie down on the floor and
compelled the son to rape her.
In general the atrocities on Scheduled Caste persons are as follows:-
1. Locking up families in their homes and setting the house on fire.
2. Burning alive these people individually or collectively.
3. Murdering on the ground of untouchability.
4. Sacrificing them in the name of Hindu deities.
5. Setting houses on fire.
6. Stripping women naked, beating them violating their modesty,
parading them naked in broad day light through the village and
raping them thereafter.
7. Throwing excreta into their drinking water wells, polluting their
wells by throwing into them filth, dead dogs, cats and bones of
animals.
8. Belabouring and threatening them with death.
9. Destroying the standing crops in their fields.
10. Compelling them to perform duties laid down by the tradition
which are against their interest.
11. Preventing them from exercising rights as citizens and compelling
them to refrain from exercising individual freedoms.
12. Denying them to access to eating houses, public drinking water
well, obstructing their marriage and other processions, denying
132
 them access to temples etc.
13. Preventing them from taking part in cultural programmes of caste
Hindus in the villages and towns.
14. Preventing them from playing band etc. on marriage and other
auspicious occasions.
15. Preventing them from taking services of Barbar, Shehnai player
etc. in the villages.
16. Preventing them from exercising their right to franchise.
Thus it can be seen and experienced that various forms of
untouchability in actual life conform to their prototype enumerated
in the Code of Manu. Though the Untouchability (Offences) Act, 1955,
de jure overrides the code of Manu, yet the Manu Code is to this day
the de facto Law throughout the length and breadth of India.169
Practically not a single day has passed without atrocities being
committed against the untouchables either before independence or
after independence, who are economically poor, socially depressed
and oppressed and politically unorganised. The management of Law
and Order is in the hands of those people who belong to the Upper
Castes that commit offences against the untouchables. The depressed
position in which they find themselves does not permit them to seek
justice which is costly and beyond their reach due to their poverty.
Their grievances cannot be voiced by their representatives in
Parliament, State Legislatures and Parishads. This is because they are
the tools in the hands of majority which happens to be the caste Hindus.
Reservation in a way a right given to Hindus to nominate untouchables
as representatives of untouchables but in reality as tools in the hands
of Hindus for exploitation.170
133
 The elections are dominated by caste loyalties rather than principles.
The role of election manifestoes and ideologies of Political Parties are
of minor significance in election. Therefore, it has strengthened rather
than weakened casteism and caste loyalties in the country. In such an
election system a Scheduled Caste Candidate who is acceptable to the
majority which happens to be of the caste Hindus will be elected. On
the contrary even if all untouchables cast their votes to a candidate
who is acceptable to them and who according to them might represent
their hopes and aspirations in the legislature will be very badly defeated,
if the caste Hindus feel otherwise.
This will explain why Dr. Ambedkar, the Champion of the cause of
the untouchables, was defeated in post-independence elections in India.
This is evident in almost all reserve constituencies of all states and
regions. This is because the Caste Hindus form the overwhelming
majority of voters, while the untouchable voters form less than one-
fifth of the voters, in various states and regions in India. The political
parties also approve the candidature even in reserved seats of those
who are acceptable to the caste Hindus rather than to the untouchables.
This is precisely because they want their candidates to be elected by
hook or by crook. Members thus elected naturally cannot be other than
the show pieces or rubber stamps in the hands of caste Hindu-
Politicians. If the untouchable legislator or a minister tries to talk about
the welfare of untouchables, he is sacked to please the caste Hindus as
is evident in the removal of Mr. B. Basavlingappa from the Karnataka
ministry, Mr. Tirupade from Maharashtra Ministry and Mrs. Satyavani
Muthu from the Tamil Nadu ministry.
This is perhaps why Scheduled Caste members in the State Legislature
134
and Parliament are discovered opening their mouths only accidentally
or once in a while. Even this limited speaking may have to be done
according to the wishes and guidelines given by their party bosses who
are none other than the caste Hindus. If the candidates elected in reserved
seats fail to comply, their obtaining tickets for the next election is ruled
out and even if tickets are given under the pressure of the political
party, their chances of getting elected are bleak. This is why the elected
Scheduled Caste members are representatives of the general constituency
and not of the untouchables. This is why these meek Scheduled Castes
Members of Parliament (Ms.P) and Members of Legislative Assembly
(Ms.L.A.) cannot voice the problems of untouchables in the legislatures
even if they feel like doing so. Ironically non-Scheduled Caste members
are at times found raising the problems of untouchables in the Parliament
and State Legislatures.171
The political powers and authority that get vested in untouchables in
the form of representation in State Legislatures and Parliament thus
becomes redundant bringing no fruits of power and authority to the
Scheduled Castes. They are absolutely powerless even though they
occupy positions of power and authority. There is dire need to change
the present election system of the reserved constituency for the
Scheduled Castes. At present general seat members for the Legislatures
are elected by all voters including untouchables and the same should
continue as usual but instead of allowing all members of the
constituency to cast their votes for the reserved seat, the untouchables
alone should caste their votes. As a consequence a candidate from among
many who is acceptable to the untouchables and who according to
them might represent their problems in the respective legislature
135
effectively will be elected. Such a candidate will be really representing
the untouchables as he will be directly interested in the problems of
untouchables besides the problems of general public. Such a candidate
might present the problems of untouchables better without any fear or
favour of the majority castes. This will wipe out most of the evils of
caste system in general and untouchability in particular. This will go a
long way in establishing equality and justice. In turn it will remove
poverty and exploitation. This approach might be branded as separatist
or against national integration. But it is not really so. It will end the
slavery of the untouchables though effort may not be to the liking of
the touchable majority. Dr. Ambedkar had given in only because of the
liking of the touchable majority and to save the life of Mahatma Gandhi
and gave up the demand for the separate electorate system for the
untouchables. The contradiction of political inequality and inequality
before law and socio-economic inequalities and injustice in day-do-
day life will force the hungry masses and oppressed untouchables to
blow up the political super-structure so laboriously built up so far.
The naxalite movement, perhaps, seems to be a pointer in this direction.
The untouchables know for certain that they have nothing to loose
except perhaps their chains. When that day comes one knows not, but
time may tell!

Review of Literature:-
Ancient Period
(1) Vedas. (2) Vedant. (3) Shruti. (4) Smriti. (5) Puranas. (6) Ramayan
- Lord Rama (7) Mahabharat - Lord Krishna (8) Bhagvat Geeta - Lord
Krishna (9) Buddha. (10)Mahavir. (11) Mauryas. (12) Guptas.
136
(13)Rajputs. - Medieval Period (14) Sultanate - Medieval Period. -
Bhakti Cult. (15)Moghul Period - Maratha Period. (16)Britishers
- Modern Period (17)Independence and Twenty First Century
The Vedas do not contain any reference for Caste as the concept of
Caste was alien to Vedas. In Vedas especially the first reference only
once appears in the Rigved, 10the Mandal, Hymn No.90, Verse (Slok)
No.12 wherein the four Varnas are mentioned and a divine status is
given to the creation of varna system by proclaiming that the Brahmin,
Kshatriya, Vaishya and Shudra were respectively produced from the
mouth, arms, thighs and feet of the Almighty God. Vedant and Shruti
also do not contain much tight type compartmentalisation of social
hierarchy. The Purans contains all mythological stories about various
God and Godesses. Actually it is the Smriti period when all
discrimination and distortion of social order seems to have taken their
roots. Almost all Smritis contain adverse references against Shudras
and other low Varnas, Avarnas, Antyajas, Chandals etc. The epic period
of Ramayan also contains references about discriminatory practices
followed by higher Varnas against the Shudras and other low born ones.
Though there are umpteen numbers of examples about Anulom
marriages, but the social harmony, equality and social justice seem to
be absent even during Ramayan period when Lord Ram ruled the land.
His father Dasharath had four queens as against popularly known three
i.e. Kaushalya, Sumitra and Kaikeyi. The fourth queen named Parivriti
was from Shudra Varna. Even Lord Rama's preceptor Vashishta's wife
Arundhati, original name Akshamala, was originally from a Scheduled
Tribe and was renamed as Arundhati after marriage with Vashishta.
Even Shravan, when he was shot by Dasharath under mistaken identity,
137
thinking him to be deer, when he was filling water in his pot from a
lake, revealed to the sorrowful Dasharath while taking his last breath
that, "O best among men, please do not worry that a Brahmahatya
(Killing of Brahmin) has taken place by you as I am Shudra, produced
by Vaishya father and Shudra mother and not a Brahmin.
àæêÎíæïçS}æ ±ñà²ïÝ …æ„æï ÝÚ±Úç{Ð: J
Ayodhya Kand - 63 - 50-51.
Thus it can be seen that Anulom marriages were permitted in those
days and Varna rigidity might not have been as strong as it is noticed in
subsequent period. However, examples of Pratilom marriages are very
rare and most negligible. Even though such inter-varna marriages took
place, Varna based injustice seems to be order of the day and used to
take place even on slightest pretext. The glaring example is the merciless
killing of Shambook by Lord Rama on most flimsy ground or no ground
at all. The Mahabharata period also seems to have the same tendency as
Ramayan as many Varna based discriminatory references are available
in epic Mahabharat and other literature of the day. The Smristi period
tightened the narrow mindedness about Varnas and Manu Smriti is main
among other Smritis in advocating discriminatory practices against the
Shudras and other so called low born Varnas. All damaging
disparagement against Shudras during said period has been seen in the
foregoing paragraphs of this chapter and hence no repetition is done
here. This has been covered in chapter one and beginning of this chapter
also and it is worth taking note of how, in Bhagwad Gita Lord Krishna
advocated principles of equality not only among all men but also among
all living entities. He said that there is no difference between a Brahmin
and a cow, elephant, dog and dog eater i.e. Chandal. (Gita, Chapter-5,
138
verse-18) It seems that evil of discriminatory Varna System might have
had raised its most ugly face in the period preceding and during
Mahabharat times which seems to have compelled Lord Krishna to
denounce the inequal treatment meted out to certain Varnas. Though it
is claimed that Chaturvarna system was created by Lord Krishna Himself
but this seems to be an interpolation done by the vested interest.

Ancient Period:-
During ancient period, Lord Buddha was first to attack Varnashram
Dharma, Caste System and discrimination arising out of both the
systems. He preached equality of all human beings irrespective of their
status in Varna or Caste hierarchy. He attacked the ritual purity which
went a long way annihilating the division of human beings into
watertight compartments of castes. However, the revival of the Vedic
movement during and after Gupta period in ancient India suppressed
the movement led by Lord Buddha and further aggravated the caste
multiplication in India.

Medieval Period:-
In medieval period in India Saints and their Bhakti Cult preached
equality of human beings before God. They advocated that even the
low caste person can attain the bliss of God and salvation through faith
in God. The Saints spread the knowledge to common masses by
preaching in common, local languages rather than in Sanskrit. This
was very important because, hitherto all religious precepts and
knowledge was in Sanskrit which was not common man's language. It
was known to Brahmins and few people belonging to the Dwijas' varna,
139
while a vast majority of the masses in general and Shudras and Ati-
Shudras or Panchamas in particular were prohibited from even learning
Sanskrit and religious verses. However the Saints did not preach strongly
the necessity of social equality. They bothered only about the salvation
after death and did not bother much about the sufferings in this life. As
a result they laid emphasis on the equality of souls, salvation and heaven.
Some casual references were made to the problem of human segregation
and generally preached that before God all are equal.

Modern Period:-
(1) The Madras legislative Council was first to introduce a legislation
for throwing open the Hindu temples to all Hindus by enacting
"Removal of Civil Disabilities Act and the Malabar Temple Entry
Act in 1938".
(2) The Bombay Harijan Temple Worship (Removal of Disabilities)
Act was passed in 1938 granting temple entry rights to the
untouchables.
(3) The Bombay Harijan (Removal of Social Disabilities) Act. 1946.
(4) The Bombay Harijan Temple Entry Act, 1947
Inspite of passing such acts, the observance of untouchability did
not become illegal.
Nevertheless in general, people were influenced by the Liberal Western
education which never advocated watertight segments of the society
like the caste system in India. The impact of western education on Indians
put them into two minds, one believing in traditional casteism and
untouchability and second believing in a liberal society. Slowly western
educated caste Hindus, because of their association with westerners
140
and introduction of western education became less violent and rigid
unlike their female folk and other caste Hindus. Such men projected
themselves as liberal in the public but remained conservatives and caste-
minded in the private, in their family lives.
Social reform movement:- It was Mahatma Phooley, the first Indian
Social Reformer from Maharashtra in 19th (nineteenth) century, who
had not only attacked the caste system and untouchability but led a
movement in an organised way through his "Satya Shodhak Samaj."
Satya Shodhak Samaj was actively engaged in anti-untouchability
movement. This movement was the first of its kind to organise the
masses and gain confidence for abolishing caste system and
untouchability. The movement was a considerable force in Maharashtra
till early part of the 20th (twentieth) century.
The British enacted some Laws as a result of which the grip of caste
system did not remain as strong as before. Thus the laws enacted by the
Britishers worked as an affective instrument of social change. In the
late thirties of 20th (twentieth) century the rise of Dr. Ambedkar and
his collective struggle for emancipation of untouchables created an
atmosphere in favour of eradication of untouchability. For this the
untouchables and their leaders did not mind paying a huge price as they
realised that freedom cannot be achieved without sacrifice.
The Britishers were interested in the maintenance of law and order
for their own ends and not for the welfare of the Indian Communities
and certainly not for the untouchables. In fact, after the "revolt" of
1857, the British Government pledged not to interfere with the religious
customs and traditions of India. Moreover, interpretation and
enforcement of the Law showed respect to Hindu traditions and customs
141
which were against the untouchables. For instance, under section 61(m)
of the District Police Act, 1890, the court convicted Bhagi for her
drawing water from a public cistern, knowing that the water could be
drawn from it only by the high caste people without objection being
raised by the Marathas or the Kumbis, even though it could not be said
that the water was rendered physically less fit for the purpose for which
it was originally used. (Queen Empress V/S Bhagi Kom Nathiaba).
An untouchable could be punished under section 295 of the Indian
Penal Code for the offence of entering into a caste Hindu temple as
observed in the case of Bhagya Mahar in 1880. In 1924 Justice Predeaux
held an untouchable guilty of a similar offence. In Atmaram V/S. King
Emperor the learned Judge held "When a custom that has held for many
centuries ordains that an untouchable, whose very touch is, in the
opinion of devout Hindus, a pollution, should not enter the enclosure
surrounding the shrine of any Hindu God and when an untouchable
with the knowledge, deliberately enters a temple and defiles it, he has
committed an offence within the purview of section 295 of the Indian
Penal Code."
The British rulers brought with them the western judiciary system
which treated all persons as equal before the law. However, they did
not disturb the Indian Social Order because it would not have worked
in their favour. They did not attack the practice of untouchability.
Thus it can be seen that laws were differently interpreted to protect the
practice of untouchability due to fear from majority of a backlash like
1857 revolt. This was nothing, but a sheer helplessness on the part of
British rulers.
For the first time in India after the establishment of the British rule
142
traffic in human beings was legally prohibited. The British brought
with them the legal system which treated all persons as equal before
Law. However, they too maintained the status quo in the social structure
and relations and did not make any direct attempt to abolish
untouchability because they were interested in preserving and expanding
the British Rule in India and not in bringing about social change. For
achieving their end they did not touch the caste system and
untouchability.
They brought with them western Literature, Science, Commerce,
Philosophy and their ideology of constitutional law and jurisprudence
which had a great impact on Indian Social life. As a result the position
of the untouchables improved gradually because they began to regain
their status as persons in the eye of law. The Indian Penal Code of
1860 was generally made applicable to all persons irrespective of their
caste or creed or religion in British India.
According to section 10 of the Indian Penal Code, the word "Man"
denotes a male human being of any age and the word "Woman" denotes
female human being of any age, for the purpose of applying the law
equally to all persons without showing favour to any person on grounds
of birth or otherwise. Section 2 of the Indian Penal Code laid down
that "Every person shall be liable to punishment under this Code and
not otherwise for every act or omission contrary to the provisions
thereof, of which he shall be guilty within India."
Thus the law did work wonderfully well as an effective instrument
of social change. Man and woman were defined and Varna or Caste
were kept out from crime and punishment for the first time in Indian
soil which was otherwise littered with Manu Smriti's and other Smritis'
143
diktat which were most irrational, illogical, unjust, unfair, unreasonable,
fanciful and casteist in nature and character.
Attack of Indian Constitution on Caste - PART-III-Fundamental
Rights-
Right to Equality
The Indian Constitution is the consolidated major and almost final
attack on caste and caste based disabilities faced by the Sudras /
Untouchables / Scheduled Castes. The various provisions of Indian
Constitution have almost nullified all irrational, illogical, surprising,
shocking, discriminatory, devastating, unjust, unfair, unreasonable,
biased, prejudiced and inhuman provisions contained in various Hindu
Scriptures including and mainly Manu Smriti and other Smrities against
the Shudra and other lower caste people of India. How deadly blow
and powerful punch the Constitution has delivered against all such
disabilities and infirmities thrust upon the Sudras / untouchables on
caste basis can be seen from following main provisions of the
Constitution of India:-
Article 14. Equality before law.-The State shall not deny to any
person equality before the law or the equal protection of
the laws within the territory of India.
Article 15. Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth.-(1) The State shall not
discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race,
caste, sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to-
144
 (a) access to shops, public restaurants, hotels and places of
public entertainment: or
(b) the use of wells, tanks, bathing ghats, roads and places
of public resort maintained wholly or partly out of State
funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from
making any special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall
prevent the State from making any special provisions
for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes
and the Scheduled Tribes.
Article 16. Equalityofopportunityinmattersofpublicemployment.-
(1) There shall be equality of opportunity for all citizens in
matters relating to employment or appointment to any
office under the State.
(2) No citizen shall, on grounds only of religion, race, caste,
sex, descent, place of birth, residence or any of them, be
ineligible for, or discriminated against in respect of, any
employment or office under the State.
(3) Nothing in this article shall prevent Parliament from
making any law prescribing, in regard to a class or classes
of employment or appointment to an office under the
Government of, or any local or other authority within, a
State or Union territory, any requirement as to residence
within that State or Union territory prior to such
employment or appointment.
145
 (4) Nothing in this article shall prevent the State from making
any provision for the reservation of appointments or
posts in favour of any backward class of citizens which,
in the opinion of the State, is not adequately represented
in the services under the State.
(4A) Nothing in this article shall prevent the State from making
any provision for reservation in matters of promotion to
any class or classes of posts in the services under the
State in favour of the Scheduled Castes and the Scheduled
Tribes which, in the opinion of the State, are not
adequately represented in the services under the State.
(5) Nothing in this article shall affect the operation of any
law which provides that the incumbent of an office in
connection with the affairs of any religious or
denominational institution or any member of the
governing body thereof shall be person professing a
particular religion or belonging to a particular
denomination.
Article 17. Abolition of Untouchability.-"Untouchability" is
abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of
"Untouchability" shall be an offence punishable in
accordance with law.
Article 18. Abolition of titles.-
(1) No title, not being a military or academic distinction,
shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign
146
 State.
(3) No person who is not a citizen of India shall, while he
holds any office of profit or trust under the State, accept
without the consent of President any title from any foreign
State.
(4) No person holding any office of profit or trust under the
State shall, without the consent of the President, accept
any present, emolument, or office of any kind from or
under any foreign State.

Right to freedom:-
Article19. Protection of certain rights regarding freedom of
speech, etc.-
(1) All citizens shall have the right-
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
and
(g) to practise any profession. to carry any occupation, trade
or business.
(2) Nothing in sub-clause (a) of clause (1) shall affect the
operation of any existing law, or prevent the State from
making any law, in so far as such law imposes reasonable
restrictions on the exercise of the right conferred by the
said sub-clause in the interests of the sovereignty and
147
 integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or
morality, or in relation to contempt of court, defamation
or incitement to an offence.
(3) Nothing in sub-clause (b) of the said clause shall affect
the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in
the interests of the sovereignty and integrity of India or
public order, reasonable restrictions on the exercise of
the right conferred by the said sub-clause.
(4) Nothing in sub-clause (c) of the said clause shall affect
the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in
the interests of the sovereignty and integrity of India or
public order or morality, reasonable restrictions on the
exercise of the right conferred by the said sub-clause.
(5) Nothing in sub-clause (d) and (e) of the said clause shall
affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law
imposing, reasonable restrictions on the exercise of any
of the rights conferred by the said sub-clauses either in
the interests of the general public or for the protection of
the interests of any Scheduled Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect
the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in
the interests of the general public, reasonable restrictions
148
 on the exercise of the rights conferred by the said sub-
clause, and, in particular, nothing in the said sub-clause
shall affect the operation of any existing law in so far as
it relates to, or prevent the State from making any law
relating to,-
(i) the professional or technical qualifications necessary for
practising any profession or carrying on any occupation,
trade or business, or
(ii) the carrying on by the State, Or by a corporation owned
or controlled by the State, of any trade, business, industry
or service, whether to exclusion, complete or partial, of
citizens or otherwise.

Right against exploitation:-

Article 23. Prohibition of traffic in human beings and forced labour.-
(1) Traffic in human beings and beggar and other similar
forms of forced labour are prohibited and any
contravention of this provision shall be an offence
punishable in accordance with law.
(2) Nothing in this article shall prevent the State from
imposing compulsory service for public purposes, and
in imposing such service, the State shall not make any
discrimination on grounds only of religion, race, caste
or class or any of them.
PART-IV-Directive Principles of State Policy:-
Article 46. Promotion of educational and economic interests of
Scheduled Castes, Scheduled Tribes and other weaker
149
 sections.-The State shall promote with special care the
educational and economic interests of the weaker sections
of the people, and, in particular, of the Scheduled Castes
and Scheduled Tribes, and shall protect them from social
injustice and all forms of exploitation.

PART-IX-The Panchayats:-
Article 243 D. Reservation of seats.-
(1) Seats shall be reserved for-
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
in every panchayat and the number of seats so reserved
shall bear, as nearly as may be, the same proportion to
the total number of seats to be filled by direct election in
that Panchayat as the population of the Scheduled Castes
in that Panchayat area or of the Scheduled Tribes in that
Panchayat area bears to the total population of that area
and such seats may be allotted by rotation to different
constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats
reserved under clause (1) shall be reserved for women
belonging to the Scheduled Castes or, as the case may be,
the Scheduled Tribes.
(3) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes
and the Scheduled Tribes) of the total number of seats to
be filled by direct election in every Panchayat shall be
150
 reserved for women and such seats may be allotted by
rotation to different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the
village or any other level shall be reserved for the
Scheduled Castes, the Scheduled Tribes and women in
such manner as the Legislature of a State may, by law,
provide;
Provided that the number of offices of Chairpersons
reserved for the Scheduled Castes and the Scheduled
Tribes in Panchayat at each level in any State shall bear,
as nearly as may be, the same proportion to the total
number of such offices in the Panchayats at each level as
the population of the Scheduled Castes in the State or of
the Scheduled Tribes in the State bears to the total
population of the State;
Provided further that not less than one-third of the
total number of offices of Chairpersons in the Panchayat
at each level shall be reserved for woman:
Provided also that the number of offices reserved
under this clause shall be allotted by rotation to different
panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and
the reservation of offices of Chairpersons (other than the
reservation for women) under clause (4) shall cease to
have effect on the expiration of the period specified in
article 334.
(6) Nothing in this Part shall prevent the Legislature of a
151
 State from making any provision for reservation of seats
in any Panchayat or offices of Chairpersons in the
Panchayats at any level in favour of backward class of
citizens.

PART-IX A-The Municipalities:-

Article 243 T. Reservation of seats.-
(1) Seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes in every Municipality and the number
of seats so reserved shall bear, as nearly as may be, the
same proportion to the total number of seats to be filled
by direct election in that Municipality as the population
of the Scheduled Castes in the Municipal area or of the
Scheduled Tribes in the Municipal area bears to the
population of that area and such seats may be allotted by
rotation to different constituencies in a Municipality.
(2) Not less than one-third of the total number of seats
reserved under clause (1) shall be reserved for women
belonging to the Scheduled Castes or, as the case may be,
the Scheduled Tribes.
(3) Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes
and the Scheduled Tribes) of the total number of seats to
be filled by direct election in every Municipality shall be
reserved for women and such seats may be allotted by
rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall
152
 be reserved for the Scheduled Castes, the Scheduled
Tribes and women in such manner as the Legislature of a
State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the
reservation for women) under clause (4) shall cease to
have effect on the expiration of the period specified in
article 334.
(6) Nothing in this Part shall prevent the Legislature of a State
from making any provision for reservation of seats in
any Municipality or offices of Chairpersons in the
Municipalities in favour of backward class of citizens.
Part X - The Scheduled and Tribal Areas:-
Article 244. Administration of Scheduled Areas and tribal areas.-
(1) The provisions of the Fifth Schedule shall apply to the
administration and control of the Scheduled Areas and
Scheduled Tribes in any State other than the State of
Assam, Meghalaya, Tripura and Mizoram.
(2) The provisions of the Sixth Scheduled shall apply to the
administration of the tribal areas in the State of Assam,
Meghalaya, Tripura and Mizoram.
Article 244A. Formation of an autonomous State
comprising certain tribal areas in Assam and creation
of local Legislature or Council of Ministers or both
therefore.-(1) Notwithstanding anything in this
Constitution, Parliament may, by law, form within the
State of Assam an autonomous State comprising (whether
153
 wholly or in part) all or any of the tribal areas specified
in Part I of the table appended to paragraph 20 of the
Sixth Schedule and create therefore-
(a) a body, whether elected or partly nominated and partly
elected, to function as a Legislature for the autonomous
State, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in
each case, as may be specified in the law.
(2) Any such law as is referred to in clause (1) may, in
particular.-
(a) specify the matters enumerated in the State List or the
Concurrent List with respect to which the Legislature of
the autonomous State shall have power to make laws for
the whole or any part thereof, whether to the exclusion
of the Legislature of the State of Assam or otherwise;
(b) define the matters with respect to which the executive
power of the autonomous State shall extend;
(c) provide that any tax levied by the State of Assam shall be
assigned to the autonomous State in so far as the proceeds
thereof are attributable to the autonomous State;
(d) provide that any reference to a State in any article of this
Constitution shall be construed as including a reference
to the autonomous State; and
(e) make such supplemental, incidental and consequential
provisions as may be deemed necessary.
(3) An amendment of any such law as aforesaid in so far as
154
 such amendment relates to any of the matters specified
in sub-clause (a) or sub-clause (b) of clause (2) shall
have no effect unless the amendment is passed in each
House of Parliament by not less than two-thirds of the
members present and voting.
(4) Any such law as is referred to in this article shall not be
deemed to be an amendment of this Constitution for the
purposes of article 368 notwithstanding that it contains
any provision which amends or has the effect of amending
this Constitution.
Part XVI - SPECIAL PROVISIONS RELATING TO CERTAIN
CASSES:-
Article 330. Reservation of seats for Scheduled Castes and
Scheduled Tribes in the House of the People.-
(1) Seats shall be reserved in the House of the People for -
(a) the Scheduled Castes;
(b) the Scheduled Tribes except the Scheduled Tribes in the
autonomous districts of Assam; and
(c) the Scheduled Tribes in the autonomous districts of
Assam.
(2) The number of seats reserved in any State for Union
territory for the Scheduled Castes or the Scheduled Tribes
under clause (1) shall bear, as nearly as may be, the same
proportion to the total number of seats allotted to that
State or Union territory in the House of the People as the
population of the Scheduled Castes in the State or Union
territory, or of the Scheduled Tribes in the State or Union
155
 Territory, or part of the State or Union Territory, as the
case may be, in respect of which seats are so reserved,
bears to the total population of the State or Union
territory.
(3) Notwithstanding anything contained in clause (2), the
number of seats reserved in the House of the People for
the scheduled Tribes in the autonomous districts of Assam
shall bear to the total number of seats allotted to that
State a proportion not less than the population of the
Scheduled Tribes in the said autonomous districts bear
to the total population of the State.
Explanation.- In this article and in article 322, the expression
"population" means the population as ascertained at the
last preceding census of which the relevant figures have
been published.
Provided that the reference in this Explanation to the
last preceding census of which the relevant figures have
been published shall, until the relevant figures for the
first census taken after the year 2000 have been published,
be construed as a reference to the 1971 census.
Article 332. Reservation of seats for Scheduled Castes and Scheduled
Tribes in the Legislative Assemblies of the States.-
(1) Seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes, except the Scheduled Tribes in the
autonomous districts of Assam, in the Legislative
Assembly of every State.
(2) Seats shall be reserved also for the autonomous districts
156
 in the Legislative Assembly of the State of Assam.
(3) The number of seats reserved for the Scheduled Castes
or the Scheduled Tribes in the Legislative Assembly of
any State under clause (1) shall bear, as nearly as may be,
the same proportion to the total number of seats in the
Assembly as the population of the Scheduled Castes in
the State or the Scheduled tribes in the State or part of
the State, as the case may be, in respect of which seats
are so reserved, bears to the total population of the State.
(3A) Notwithstanding anything contained in clause (3), until
the taking effect, under article 170, of the re-adjustment,
on the basis of the first census after the year 2000, of the
number of seats in the Legislative Assembly of the State
of Arunachal Pradesh, Meghalaya, Mizoram and
Nagaland, the seats which shall be reserved for the
Scheduled Tribes in the Legislative Assembly of any such
State shall be.-
(a) if all the seats in the Legislative Assembly of such
State in existence on the date of coming into force of the
Constitution (Fifty-seventh Amendment) Act, 1987
(hereafter in this clause referred to as the existing
Assembly) are held by members of the Scheduled Tribes,
all the seats except one;
(b) in any other case, such number of seats as bears to the
total number of seats, a proportion not less than the
number (as on the said date) of members belonging to
the Scheduled Tribes in the existing Assembly bears the
157
 total number of seats in the existing Assembly.
(3B) Notwithstanding anything contained in clause (3), until
the re-adjustment, under article 170, takes effect on the
basis of the first census after the year 2000, of the number
of seats in the Legislative Assembly of the State of
Tripura, the seats which shall be reserved for the Scheduled
Tribes in the Legislative Assembly shall be, such number
of seats as bears to the total number of seats, a proportion
not less than the number, as on the date of coming into
force of the Constitution (Seventy-second Amendment)
Act, 1992, of members belonging to the Scheduled Tribes
in the Legislative Assembly in existence on the said date
bears to the total number of seats in that Assembly.
(4) The number of seats reserved for an autonomous district
in the Legislative Assembly of the State of Assam shall
bear to the total number of seats in that Assembly a
proportion not less than the population of the district
bears to the total population of the State.
(5) The constituencies for the seats reserved for any
autonomous district of Assam shall not comprise any
area outside that district.
(6) No person who is not a member of a Scheduled Tribe of
any autonomous district of the State of Assam shall be
eligible for election to the Legislative Assembly of the
State from any constituency of that district.
Article 335. Claims of Scheduled Castes and Scheduled Tribes to
services and posts.- The claims of the members of the
158
 Scheduled Castes and Scheduled Tribes shall be taken
into consideration, consistently with the maintenance of
efficiency of administration, in the making of
appointments in services and posts in connection with
the affairs of the Union or of a State.
Article 338. National Commission for Scheduled Castes and
Scheduled Tribes.-
(1) There shall be a Commission for the Scheduled Castes
and Scheduled Tribes to be known as the National
Commission for the Scheduled Castes and Scheduled
Tribes.
(2) Subject to the provisions of any law made in this behalf
by Parliament, the Commission shall consist of a
Chairperson, Vice-Chairperson and five other Members
and the conditions of service and tenure of office of the
Chairperson, Vice-Chairperson and other Members so
appointed shall be such as the President may by rule
determine.
(3) The Chairperson, Vice-Chairperson and other Members
of the Commission shall be appointed by the President
by warrant under his hand and seal.
(4) The Commission shall have the powers to regulate its
own procedure.
(5) It shall be the duty of the Commission-
(a) to investigate and monitor all matters relating to the
safeguards provided for the Scheduled Castes and
Scheduled Tribes under this Constitution or under any
159
 other law for the time being in force or under any order
of the Government and to evaluate the working of such
safeguards;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled
Castes and Scheduled Tribes;
(c) to participate and advise on the planning process of socio-
economic development of the Scheduled Castes and
Scheduled Tribes and to evaluate the progress of their
development under the Union and any State;
(d) to present to the President, annually and at such other
times as the Commission may deem fit, reports upon the
working of those safeguards;
(e) to make in such reports recommendation as to the
measures that should be taken by the Union or any State
for the effective implementation of those safeguards and
other measures for the protection, welfare and socio-
economic development of the Scheduled Castes and
Scheduled Tribes; and
(f) to discharge such other functions in relation to the
protection, welfare and development and advancement
of the Scheduled Castes and Scheduled Tribes as the
President may, subject to the provisions of any law made
by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before
House of Parliament along with a memorandum

160
 explaining the action taken or proposed to be taken on
the recommendation relating to the Union and the reasons
for the non-acceptance, if any, of any of such
recommendations.
(7) Where any such report, or any part thereof, relates to any
matter with which any State Government is concerned, a
copy of such report shall be forwarded to the Governor
of the State who shall cause it to be laid before the
Legislature of the Sate along with a memorandum
explaining the action taken or proposed to be taken on
the recommendation relating to the State and the reasons
for the non-acceptance, if any, of any such
recommendations.
(8) The Commission shall, while investigating any matter
referred to in sub-clause (a) or inquiring into any
complaint referred to in sub-clause (b) of clause (5), have
all the powers of a civil court trying a suit and in
particular in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person
from any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from
any court or office;
(e) issuing commissions for the examination of witnesses
and documents;

161
 (f) any other matter which the President may, by rule,
determine.
(9) The Union and every State Government shall consult the
Commission on all major policy matters affecting
Scheduled Castes and Scheduled Tribes.
(10)In this article, references to the Scheduled Castes and
Scheduled Tribes shall be construed as including
references to such other backward classes as the President
may, on receipt of the report of a Commission appointed
under clause (1) of article 340, by order specify and also
to the Anglo-Indian community.
FIFTH SCHEDULE [Article 244(1)]
Provisions as to the Administration and Control of
Scheduled Areas and Scheduled Tribes
Part B
Administration and Control of Scheduled Areas and
Scheduled Tribes
4. Tribes Advisory Council.-
(1) There shall be established in each State having Scheduled
Areas therein and, if the President so directs, also in any
State having Scheduled Tribes but not the Scheduled
Areas therein, a Tribes Advisory Council consisting of
not more than twenty members of whom, as nearly as
may be, three-fourths shall be the representatives of the
Scheduled Tribes in the Legislative Assembly of the State;
Provided that if the number of representatives of the
Scheduled Tribes in the Legislative Assembly of the State
162
 is less than the number of seats in the Tribes Advisory
Council to be filled by such representatives, the remaining
seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to
advise on such matters pertaining to the welfare and
advancement of the Scheduled Tribes in the State as may
be referred to them by the Governor.
(3) The Governor may make rules prescribing or regulating,
as the case may be,-
(a) the number of members of the Council, the mode of their
appointment and the appointment of the Chairman of the
Council and of the officers and servants thereof;
(b) the conduct of its meetings and its procedure in general;
and
(c) all other incidental matters.
5. Law applicable to Scheduled Areas.-
(1) Notwithstanding anything in this Constitution, the
Governor may by public notification direct that any
particular Act of Parliament or of the Legislature of the
Sate shall not apply to a Scheduled Area or any part thereof
in the State or shall apply to a Scheduled Area or any part
thereof in the State subject to such exceptions and
modifications as he may specify in the notification and
any direction given under this sub-paragraph may be given
so as to have retrospective effect.
(2) The Governor may make regulations for the peace and
good government of any area in a State which is for the
163
 time being a Scheduled Area.
In particular and without prejudice to the generality of
the foregoing power, such regulations may-
(a) prohibit or restrict the transfer of land by or among
members of the Scheduled Tribes in such area;
(b) regulate the allotment of land to members of the
Scheduled Tribes in such area;
(c) regulate the carrying on of business as money-lender by
persons who lend money to members of the Scheduled
Tribes in such area.
(3) In making any such regulation as is referred to in sub-
paragraph (2) of his paragraph, the Governor may repeal
or amend any Act of Parliament or of the Legislature of
the State or any existing law which is for the time being
applicable to the area in question.
(4) All regulations made under this paragraph shall be
submitted forthwith to the President and, until assented
to by him, shall have no effect.
(5) No regulation shall be made under this paragraph unless
the Governor making the regulation has, in the case where
there is a Tribes Advisory Council for the State, consulted
such Council.
Part C
SCHEDULED AREAS
6. Scheduled Areas.-
(1) In this Constitution, the expression "Scheduled Areas"
means such areas as the President may by order172 declare
164
 to be Scheduled Areas.
(2) The President may at any time by order173 -
(a) direct that the whole or any specified part of a Scheduled
Area shall cease to be a Scheduled Area or a part of such
an area;
(aa) increase the area of any Scheduled Area in a State after
consultation with the Governor of that State;
(b) alter, but only by way of rectification of boundaries, any
Scheduled Area;
(c) on any alteration of the boundaries of a State or on the
admission into the Union or the establishment of new
State, declare any territory not previously included in any
State to be, or to form part of, a Scheduled Area;
(d) rescind, in relation to any State or States, any order or
orders made under this paragraph, and in consultation
with the Governor of the State concerned, make fresh
order redefining the areas which are to be Scheduled
Areas;
and any such order may contain such incidental and
consequential provisions as appear to the President to be
necessary and proper, but save as aforesaid, the order
made under sub-paragraph (1) of this paragraph shall not
be varied by any subsequent order.
Conclusion:-
Thus all above Constitutional articles which provide various
safeguards for the well-being and welfare, amelioration and

165
emancipation of the Scheduled Castes and the Scheduled Tribes have
worked wonders and have made a real difference in the conditions of
these classes of people who once suffered man-made disabilities and
infirmities through laws like law of Manu and various Smritis
restricting them from enjoyment of equality before law and equal
protection of law in ancient and medieval times. This itself gives us
abundant clarity as to how, law as an instrument of social change can
change the life and fate of the people. Though slow, the social change
through instrument of laws and constitutional law has certainly come
in and is noticeable. Though caste system is not abolished and neither
the constitution, in fact, aimed at it, as some believe, but the
constitutional efforts have really produced fruits which these deprived
sections of society have started to reap to certain extent.
Sociologist Sumner has given theory of classification of groups. It
is called Sumner's classification. He has defined "in-groups" and "out-
groups." The classificatory words are "We" and "They" or "Other."
Such Constitutional provisions for deprived sections of Indian society
crystallized groups and its classification. The individual belongs not
to one group but to many groups and the membership is overlapping
even though the Constitutional provisions created new groups in Indian
Society such as S.Cs. / S.Ts. / O.B.Cs. and General. Cooley's
classification of groups is in two parts mainly Primary Group and
Secondary Group. Primary Group is basic group; reference group and
it relates to reference behaviour of the individuals forming such groups.
Family is a Primary Group and School is a Secondary Group. Man is
an imitative animal. His desire to imitate other individuals or groups
is instinctive in him. When one finds another person progressing in
166
life, he also desires to progress likewise. The concept of group was
given by Hayman Turner, Merton and Sheriff further elaborated this
concept. Through Constitutional measures, the S.Cs. and S.Ts. have
progressed quite well in almost in most of the fields. At the same
time, Constitution has created consciousness in them and the groups'
mindset is strengthened and desire to progress like caste Hindu group
has increased in them.
The Constitution of India rekindled a new hope for better to-morrow
for the Scheduled Castes and the Scheduled Tribes as well as other
Backward Classes also. It provided much needed social mobility to
these sections of society. Social mobility is to be distinguished from
migration which is a movement in geographical space. But migration
too helps in Social mobility and occupational independence. Mainly
Sociologists have divided mobility in two parts; (1) Vertical mobility
and (2) Horizontal mobility. The Vertical mobility involves complete
change of status whereas in horizontal mobility, there is no change in
the status. This concept shows how one's achieved status, compares
with one's ascribed status. When mobility is discussed, normally
comparison with special order of other country is also viewed in
concerned social context. American Society is "Open" Society whereas
Indian Society is based on birth and caste only. Inter-generational
mobility refers to father and son's generations. Parental generations.
The law and Constitutional Provisions have brought about
intergenerational mobility.
Social change is inevitable and law as an instrument of Social Change
is very powerful and effective weapon of social change. If Social Change
is inevitable, the social mobility is also similarly inevitable. Social
167
change is a natural phenomenon and the moment there is a Social Change
there is also social mobility either vertical or horizontal. Probably no
society absolutely forbids social mobility and no society is immobile.
The law as an instrument of social change accelerates the social change
and mobility both with equal speed and force. In India, the rate of
Social Mobility is naturally low because of the caste system and the
farming culture of the country. The State alone can make rules of
universal application and the law as an instrument of social change
envisaged in The Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989 has the universal application all over India as
the same is central Law aimed at bringing social change all over India
in an uniform desired manner aimed at establishment of an egalitarian
Indian society. The Constitution (Scheduled Castes) Order, 1950
(C.O.19) The Schedule Part IV - Gujarat
Scheduled Castes of Gujarat:-
1. Ager : Throughout the State except the Rajkot Division and the
district of Kutch.
2. Bakad or Bant : Throughout the State except the Rajkot Division
and the district of Kutch.
3. Bawa (Dedh) or Dhedh-Sadhu : In the Rajkot Division.
4. Bhambi, Bhambhi, Asadaru, Asdi, Chamadia, Chamar, Chambhar,
Chamgar, Haralayya, Harali, Khalpa, Machigar, Mochigar, Madar,
Madig, Telegu, Mochi, Kamati Mochi, Ranigar, Rohidas, Rohit or
Samgar : Throughout the State except the Rajkot Division and the
district of Kutch.
5. Bhangi : In the district of Kutch.
6. Bhangi or Rukhi : In the Rajkot Division.
168
7. Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi,
Balmiki, Korar or Zadmalli : Throughout the State except the
Rajkot Division and the district of Kutch.
8. Chalvadi Channayya : Throughout the State except the Rajkot
Division and the district of Kutch.
9. Chamadia : In the Rajkot Division.
10. Chamar : In the district of Kutch.
11. Chamar, Nalia or Rohit : In the Rajkot Division.
12. Chenna Dasar or Holaya Dasar : Throughout the State except
the Rajkot Division and the district of Kutch.
13. Dangashia : In the Rajkot Division.
14. Dhor, Kakkayya or Kankayya : Throughout the State except
the Rajkot Division and the district of Kutch.
15. Garmatang : In the Rajkot Division.
16. Garoda : In the Rajkot Division and in the district of Kutch.
17. Garoda or Garo : Throughout the State except the Rajkot
Division and the district of Kutch.
18. Hadi : In the Rajkot Division.
19. Halleer : Throughout the State except the Rajkot Division and
the district of Kutch.
20. Halsar, Haslar, Hulasvar or Halasvar : Throughout the State
except the Rajkot Division and the district of Kutch.
21. Holar or Valhar : Throughout the State except the Rajkot
Division and the district of Kutch.
22. Holaya or Holer : Throughout the State except the Rajkot
Division and the district of Kutch.
23. Lingader : Throughout the State except the Rajkot Division and
169
 the district of Kutch.
24 Mahar, Taral or Dhegu Megu : Throughout the State except
the Rajkot Division and the district of Kutch.
25. Mahyavansi, Dhed, Vankar or Maru Vankar : Throughout
the State except the Rajkot Division and the district of Kutch.
26. Mang, Matang or Minimadig : Throughout the State except the
Rajkot Division and the district of Kutch.
27. Mang garudi : Throughout the State except the Rajkot Division
and the district of Kutch.
28. Meghval or Meghwal : Throughout the State except the Rajkot
Division and the district of Kutch.
29. Menghwar : In the Rajkot Division and in the district of Kutch.
30. Mochi : In the district of Dangs and Umbergaon taluka of Surat
district.
31. Mukri : Throughout the State except the Rajkot Division and the
district of Kutch.
32. Nadia, Hadi : Throughout the State except the Rajkot Division
and the district of Kutch.
33. Pasi : Throughout the State except the Rajkot Division and the
district of Kutch.
34. Senva : In the Rajkot Division.
35. Shemalia : In the Rajkot Division.
36. Senva, Shenva, Chaenva, Sedma or Rawat : Throughout the
State except the Rajkot Division and the district of Kutch.
37. Thori : In the Rajkot Division.
38. Tirgar or Tirbanda : Throughout the State except the Rajkot

170
 Division and the district of Kutch.
39. Turi : Throughout the State.
40. Turi-Barot : In the district of Kutch.
41. Turi-Barot, Dedh-Barot : In the Rajkot Division.
42. Vankar, Dhedh or Antyaj : In the Rajkot Division.

References and Notes:-

1. Ketkar, S.V., The History of Castes in India, Low Price
Publications, Delhi, p.12, 1990, as quoted by Vidya Bhushan and
Sachdeva, D.R.in ‘An Introduction to Sociology,’ Kitab Mahal,
22-A, Sarojini Naidu Marg,, Allahabad, 1999, p.369
2. Anderson and Parker, Society, p.370, as quoted by Vidya Bhushan
and Sachdeva, D.R. in ‘An Introduction to Sociology,’ Kitab
Mahal, 22-A, Sarojini Naidu Marg,, Allahabad, 1999, p.369
3. Ghurye, G.S. Caste, Class and Occupation, Popular Book Depot,
Bombay-7, October, 1961, p.1.
4. Westermarck, E., A History of Human Marriage, Vol.1, Macmillan
and Co. Ltd., London, 1921, p.59
5. Maharshi Dayanand Saraswati, Rigved, Hindi Bhashya, Saarvdeshik
Arya Pratinidhi Sabha, Maharshi Dayanand Bhavan, Ramlila
Maidan, New Delhi-2, 1976, p.899
6. Ghurye, G.S. Caste, Class and Occupation, Popular Book Depot,
Bombay-7, October, 1961. p.49
7. Vidya Bhushan and Sachdev D.R., An Introduction to Sociology,
Kitab Mahal, 22-A, Sarojini Naidu Marg, Allahabad, 1999,
p.375-376
8. Ibid, p.376

171
9. Ghurye, G.S. Caste, Class and Occupation, Popular Book Depot,
Bombay-7, October, 1961. p.58
10. Vidya Bhushan and Sachdev D.R., An Introduction to Sociology,
Kitab Mahal, 22-A, Sarojini Naidu Marg, Allahabad, 1999, p376
11. Ibid,
12. Maharshi Dayanand Saraswati, Rigved, Hindi Bhashya, Saarvdeshik
Arya Pratinidhi Sabha, Maharshi Dayanand Bhavan, Ramlila
Maidan, New Delhi-2, 1976, p.899
13. Swami Bhaktivendant Prabhupada A.C., BHAGAVADA GITA AS
IT IS, Bhaktivedant Book Trust, Mumbai-49, January, 2000, p.238
14. Ibid,
15. Ambedkar, B.R., Dr. Who were the Shudras? Thackar and
Company Limited, Bombay, 1946, p.69
16. Vidya Bhushan and Sachdev D.R., An Introduction to Sociology,
Kitab Mahal, 22-A, Sarojini Naidu Marg, Allahabad, 1999, p.377
17. Ibid,
18. Ibid, p.377-378
19. Bakshi S.R. and Lipi Mahajan, Social Reformers of India, Deep
and Deep Publications Pvt. Ltd., F-159, Rajouri Garden, New
Delhi-110027, 2000, p. 480, 481, 482, 483
20. Ibid, p.437
21. Census of India,1961, Vol.I, Part-V-A(1)
22. Kamble, N.D., The Scheduled Castes, Ashish Publishing House,
H-12, Rajouri Garden, New Delhi-110027, 1982, p.2-3
23. Ibid,
24. The Kathaka Samhita (XXXI 2) and the Maitravani Samhita

172
 (iv.1.1: i.8.2.).
25. (a) Satapatha Brahmana (III.i.110)
(b) The Maitravani Samhita (vii.1.1.6)
(c) Panchavimsa Brahamana (vi.1.11)
26. Satapatha Brahmana (xiv.1.31) and Kathak Samhita (xi.10)
27. Ambedkar B.R. Dr., Who were the Sudras, Thackar and Company
Limited, Bombay, 1946, p.31
28. Manu Smriti, Chapter IV, Verses 110-112
29. Apasthamba Dharma Sutras, Prasana II, Patala 2, Skanda-4, Sutras
19-20.
30. Apasthamba Dharma Sutras, Chapter V, Sutras 115
31. Manusmriti Chapter II, Verses 135-136
32. (a) Ataraya Brahmana, Chapter VIII, Verse 29.4.
(b) Panchavimsa Brahmana (vi. 1.1.)
33. Vishnu Smriti, Chapter XVIII, Verses 11-15
34 (a) Apasthamba Dharma Sutras, Prasana 1, Patala 5, Skand 16,
Sutras 21-22
(b) Vasistha Dharma Sutras, Chapter-XIV, Verses 1-4
35. Manu Smriti, Chapter IX, Verse 178
36. Vasistha Dharma Sutras, Chapter VI, Verses 27-29
37. Vishnu Smriti, Chapter XIX, Sutras 1-4
38. Manu Smriti, Chapter IV, Verse 61
39. Apasthamba Dharma Sutras, Verses 1-3
40. Ibid,
41. Ibid,
42. Apasthamba Dharma Sutras, Chapter XIII, Sutras 8-13; same points

173
 are mentioned in Brihaspati's Dharma Sutras.
43. Ibid,
44. Ibid,
45. Ibid,
46. Ibid,
47. Brihaspati's Dharma Sutras, Chapter XX, Verses 7-11
48. Ibid,
49. Ibid,
50. Ibid,
51. Ibid,
52. Ibid,
53. Manu Smriti, op,cit.
54. Ibid,
55. Ibid,
56. Ibid,
57. Manu Smriti, Chapter VIII, Verses 267-268
58. Ibid,
59. Ibid, Chapter XI, Verses 127-131
60. Ibid,
61. Ibid,
62. Ibid,
63. Ibid,
64. Ibid,
65. Ibid,
66. Vishnu Smriti, Chapter V, Sutras 19-25
67. Brihaspati Smriti, Chapter XII, Verse 12
68. Gautam Dharma Sutras, Chapter XX, Verse 46
174
69. Ibid,
70. Manu Smriti, Chapter III, Verse 156
71. Ibid., Chapter IV, Verses 78-81
72. Ibid,
73. Ibid,
74. Apasthamba Dharma Sutras, Prasana II, Patala 10
75. Gautam Dharma Sutras, Chapter XII, Sutras 2-3
76. Manu Smriti, Chapter VIII, Verse 366
77. Ibid., Verse 374
78. Gautam Dharma Sutras, Chapter X, Sutras 50, 56 59
79. Ibid, Chapter XII, Sutras 1-7
80. Manu Smriti, Chapter VIII, Verses 270-72
81. Ibid,
82. Ibid,
83. Ibid, Chapter VIII, Verses 279-84
84. Ibid,
85. Ibid,
86. Ibid,
87. Ibid,
88. Ibid,
89. Ibid,
90. Ibid,
91. Narada Smriti, Chapter XV, Verses 22-27
92. Ibid,
93. Ibid,
94. Ibid,

175
95. Ibid,
96. Ibid,
97. Ibid,
98. Manu Smriti, Chapter I, Verses 87-91.
99. Ibid, Chapter I, Verses 87-91.
100. Ibid, Chapter X, Verses 129.
101. Ibid, Chapter VIII, Verses 20-22,
102. Ibid,
103. Ibid, Chapter VIII, Verses 412-14.
104. Apasthamba Dharma Sutras, Prasana I, Patala 1, Skand 1,
Sutras 7-8.
105. Manu Smriti, Chapter X, Verse 128.
106. Ibid, Chapter IX, Verses 334-35.
107. Ibid, Chapter X, Verses 121-25.
108. Ambedkar B.R. Dr., Who were the Sudra? Bomby Thacker and
Company Limited, Bombay, 1946, p.119-20
109. Kane, P.V., History of Dharmashastras, Bhandarkar Oriental
Research Institute,1979, p.121-22
110. Manu Smriti, Chapter X, Verses 31 and 39.
111. Ibid, Chapter II, Verse 39.
112. Manu Smriti, Chapter II, Verse 23.
113. Rani Bhagwan Kaur V/S Jogendra Kaur Bose, 30, IA.249 quoted
by Kamble, N.D. The Scheduled Castes, Ashish Publishing House,
H-12, Rajouri Garden, New Delhi-110027, 1982, p.23.
114. Manu Smriti, Chapter X, Verse 45.
115. Das A.C., Rigvedic Culture, p.133; Quoted in Ambedkar B.R.,

176
 Who were the Sudras? p.104.
116. Kane P.V., Dharmashastras, Vol.II, Part 1, p.33.
117. Ibid, p.55
118. Ambedkar, B.R. Dr., The Untouchables: Who were they and why
they became Untouchables? New Delhi: Amrut Book Company,
1948, p.47
119. Rigveda, Chapter II, Verses 4 & 12.
120. Ibid, Chapter V, Verses 6 & 34.
121. Ibid,
122. Ibid, Chapter IV, Verses 4 & 28.
123. Kane P.V., History of Dharmashastras, Vol.II, Part 1, p.33.
124. Ibid, p.26
125. Rigveda, 1, 51, 8, 1.103.3 Quoted by N.D. Kamble, The
Scheduled Castes, p.24.
126. Narsu P.L., The Essence of Buddhism (1948), p.39.
127. Ambedkar, B.R. Dr., The Untouchables: Who were they and why
they became Untouchables? New Delhi: Amrut Book Company,
1948, p.153.
128. Sastry Gopalchandra Sarkar, The Hindu Law of Adoption: Quoted
by Kamble N.D. The Scheduled Castes, Ashish Publishing
House, H-12, Rajouri Garden, New Delhi-110027, 1982, p.26.
129. Manu Smriti, Chapter III, Verse 13.
130. Ibid., Chapter X, Verse -25.
131. Kane P.V., History of Dharmashastras, Vol.II, Part 1, p.171.
132. Manu Smriti, Chapter III, Verse 17.
133. Mulla D.F., Principles of Hindu Law, 1959, p.704.
134. Mulla D.F., Principles of Hindu Law, 1959, p.611.
177
135. Manu Smriti, Chapter X, Verses 8, 11, 12, 18, 19.
136. Harold, R. Issacs, Indian Ex-Untouchables, Asia Publishing
House, Bombay, 1965, p.36).
137. Ibid., p.40.
138. Ibid, p.41.
139. This was in case of Pulayas, the Untouchable Caste in Kerala.
For details see Matter, Rev. Samuel, The Land of Charity: A
Descriptive Account of Travancore and its People, John Snow
and Company, London, 1871, p.45.
140. Alexander, K.C., A Study of the Changing Pattern of Behaviour
of the Pulaya Untouchables of Kerala, Dissertation: Deccan
College Research Institute, Pune, 1966, p.66.
141. For details see Iyer, L.A. Krishna, The Travancore and Castes,
Vol. II, 1939, p.126. In 1812 Slave Trade was abolished in
Travancore. In 1855 the Government abolished slavery and
declared the future children of Government slaves free subjects.
(See also Matter, p.44.)
142. Ghurye G.S. Caste and Race in India, Popular Prakashan,
Bombay, 1969, pp. 10,306 and 307.
143. The untouchables were required to keep 64 feet distance from
Brahmins and Nairs, 40 feet from Kamnalans and 30 feet from
Izhavas, the three castes in descending order in the caste hierarchy.
These distances are derived from the Table given in the Census
of India, Cochin, Part I (1901), pp. 181-182

144. Ibid,

178
145. Ibid,
146. According to the Census of India, 1971, the strength of
untouchables (Scheduled Castes) is 7, 99, 95, 896. For details
see: Census of India, 1971, Series-I, Paper I of 1972, Final
Population Tables. In Japan, there are above 3,00,000
"Untouchables" known as Burakumin (including) the Tokushu
Burakumin, the Eta and the Yotsu. The Eta are believed to have
migrated to Japan from the Philippines Islands. They are still
socially and economically discriminated against due to the
prejudice of the majority community. Like the untouchables of
India, the Burakumins of Japan have to live outside the Japanese
villages and cities. Sri Lanka too appears to have untouchables in
the Roade community, akin to the Mahar caste of Maharashtra. In
India, untouchability has religious sanctions, elsewhere it is not
necessarily so. For details see Hiroshi Wagtsume (Social Science
Research Institute, University of Hawaiji) "The Pariah Caste in
Japan" in Anthony De Reuk and Julie Knight, "Caste and Race"
Comparative Approaches (a Ciba Foundation Volume, London;
J and A Churchill, 1966).
147. Kamble N. D., The Scheduled Caste, Ashish Publishing House,
H-12, Rajouri Garden, New Delhi-110027, 1982, p.35
148. Census of India, Cochin, Part I, (1901), pp.181-182. Pulayas,
the untouchable caste in Kerala, addresses higher castes by
appropriate honorific titles like "Tampuram" (Lord) for
Nambudris (Brahmin Caste). "Land Lord" for Syrian Christians,
etc. "Panikka" (Sir) for Syrian Christains of low economic order.
"Tandor" for headman appointed by the King to direct their
179
 marriages, funerals, feasts etc. For details see: Chdert Rev. H.A.
Malayalam and English Dictionary (Kottayam: National Book
Stall, 1962).
Similar expressions are observed in Maharashtra. For example:
"Rao Saheb" (Sir) for Brahmins, "Bali Raja" for Marathas (King
Bali is believed to have fought Brahmins and demolished
Brahminical tyranny in ancient times and emancipated Shudra
communities but not untouchables from the slavery of Brahmins.
Hence the propriety of the title Bali for the Marathas. See
Mahatma Phule Samgr Vagamaya (in Marathi language
Government of Maharashtra Publication, 1969), p.160.
149. In Kerala, untouchables refer to themselves as "Adivan" (Slave),
their children as "Kidongal" (calves), their houses as Madms
(huts), their paddy as "Patir" (chaff), their rice preparation as "Kari-
Kadi" (Kari-dirty, kadi gruel, prepared for cattles).
150. Ibid,
151. The Maharaja had no objection to Shanan woman using coarse
cloth but they were not to use it like the women of the higher
castes. For details see: O. Maller, L.S.S., Indian Caste Customs,
Cambridge: 1932, pp.148-54.
152. In 1936 the untouchables of Maharashtra under the leadership of
Dr. B.R. Ambedkar launched a satyagarh to take water from a
public Tank at Mahad (District Kolaba, Maharashtra). At this time
members of the various castes beat the untouchables and threw
mud in their food. Afterwards the tank water was "purified" by
mixing tons of cow dung at the hands of a Brahmin along with
the reciting of hymns from holy scriptures. For details, see
180
 Dhananjaya Keer, Life and Mission of Dr. Ambedkar, Popular
Prakashan, Bombay, 1966.
153. Even after more than 26 years of political independence, in 1974
this practice was prevalent not only in the rural areas but also in
the so called westernised cities like Ahmedabad where Mahatma
Gandhi spent a good part of his life. For example in Ambavadi
and Navrangpura, Central localities of Ahmedabad City,
untouchables have to use broken cups kept outside for drinking
tea for which they too pay same price as touchables.
154. Gough, Kathleen, "Criteria for Caste Ranking in South India",
Man in India, Vol.39, No.2, p.121.
155. Ambedkar B.R.Dr., Annihilation of Caste with reply to Mahatma
Gandhi and Castes in India: their mechanism, genesis and
Development, Jullunder:Bheem Patrika Publication, 1970, p.6.8
156. Ibid, p.7
157. Ibid,
158. Ibid, p. 7-8
159. Report of the Commissioner for Scheduled Castes and Scheduled
Tribes for the year 1957-58 (seventh report) Part I, p.24.
160. Ibid, p.23.
161. Ibid, p.23.
162. Ambedkar B.R. Dr., States & Minorities, Thacker and company
Limited, Bombay 1947, p.40.
163. Ghurye G.S. Caste, Class and Occupation, Popular Prakashan,
Bombay, 1961, p.11.
164. Report of the Commissioner for Scheduled Castes and Scheduled
Tribes for the year 1960-61 (Tenth report), Part I, pp.29-30.
181
165. Ibid, pp. 41-42.
166. Kamble N.D., The Scheduled Castes: Ashish Publishing House,
New Delhi, 1982, p.42.
167. Ambedkar B.R. Dr., Who were the Sudra? Thacker and Company
Limited, Bombay,1946, pp.119-20.
168. Karandikar J.S. and Hivarangaonkar B.R., Kautaleeya
Arthashastra, Part I, pp. 20, 22, 52-53.
169. Kamble N.D., The Scheduled Castes, Ashish Publishing House,
New Delhi, 1982 Ed., p.46-47.
170. Ambedkar B.R. Dr., Emancipation of the Untouchables, Thacker
and Company Limited, Bombay,1972.
171. Kamble N.D., The Scheduled Castes, Ashish Publishing House,
New Delhi, 1982., p.134.
172. See the Scheduled Areas (Part A States) Order, 1950 (C.O. 9),
the Scheduled Areas (Part B States) Order, 1950 (C.O. 26), the
Scheduled Areas (Himachal Pradesh) Order, 1975 (C.O. 102)
and the Scheduled Areas (States of Bihar, Gujarat, Madhya
Pradesh and Orrisa) Order, 1977 (C.O. 109).
173. See the Madras Scheduled Areas (C, New Delhiesser) Order, 1950
(C.O. 30) and the Andhra Scheduled Areas (Cesser) Order, 1955
(C.O. 50).
Note:-
From above references following references are quoted from
Kamble N.D., The Scheduled Castes, Ashish Publishing House,
H-12, Rajouri Garden, New Delhi-110027, 1982 with details as
under:-
P.9. from above Sr. No. 24 to 28
182
P.10. from above Sr. No. 29 to 37
P.11. Sr. No. 38
P.18. from above Sr. No. 39 to 67
P.18-19.from above Sr. No. 68 to 97
P.20. from above Sr. No. 98-103
P.21. from above Sr. No. 104-108
P.22. from above Sr. No. 109
p.23. from above Sr. No. 110-116
P.24. Sr. No. 112
P.28. Sr. No. 135 where name of Pulisher, place, year etc. are not
quoted.

183
 Chapter-3
Indian Society and Inter-caste Marriage
As we all know, inter-caste marriage was considered to be
a severe taboo for Hindus and was considered to be sinful by almost all
castes and there was complete societal ban on such marriages.However
for ruling caste/family it was not considered to be a sinful act. G.S.
Ghurye1, the father of Indian sociology has defined six basic features of
caste which are as under:-
1. Segmental Division of society;
2. Hierarchy;
3. Restriction of feeding and social intercourse;
4. Civil and Religious disabilities and privileges of the
different sections;
5. Lack of unrestricted choice of occupation;
6. Restriction of Marriage.
These are the six characteristics of caste system. As can be seen
from above, restriction of marriage was and is also one of the basic
features of the caste. Not only inter-caste marriages were banned and
prohibited but even inter-varna marriages too were discouraged by the
Hindu scriptures and its ancient, medieval and modern philosophy. In
order to discourage inter-varna or inter-caste marriages, various types
of degradations were laid down for the progeny of such parents who
had violated the societal norms and entered into wedlock with person
of caste which was different than his or her own caste or varna. See the
status of the children of such inter-varna or inter-caste marriages
ascribed by the religious tenets as under2:-

184
 Table No.3-1
Progeny of caste system
Sr.No. Man’s Varna Woman’s Varna Status or Varna of the child
1 Shudra Brahmin Chandal
2 Shudra Vaishya Ayogav
3 Brahmin Shudra Parashav or Nishad
4 Brahmin Vaishya Ambastha
5 Vaishya Shudra Apasad Shudra
6 Kshatriya Vaishya Apasad
7 Brahmin Kshatriya Apasad
Thus the above down gradation of children is prescribed by the
Hindu religious scriptures in order to discourage such marriages. The
above marriage system not only discourages inter-caste or inter varna
marriages but penalises the innocent children born of such marriages.
The Chandals are invariably described as the offspring of a Shudra father
and a Brahmin mother. The references to the Chandals in the Yajurveda
clearly show them to be a degraded people.3 So a Hindu couple entering
into such marriage will think thousand times before taking such a
decision for such marriage as normally no man and woman would like
to see the degradation of their children. Dr. Ambedkar welcomed the
step of inter-caste marriage as revolutionary as it directly attacks the
most pertinent characteristics of caste that is endogamy on which the
caste stands.
In this study Scholar has tried to see the responses of people of
different caste pertaining to the topic of study. So he has selected
respondents from different castes as under :-
185
 Table No.3-2
Caste-wise respondents
Sr.No. Cates Urban Rural Total
1 Brahmin 51 7 58
2 Kshatriya 79 11 90
3 Vaishya 59 2 61
4 OBC 80 12 92
5 Patel 60 10 70
6 SC/ST 38 2 40
Total - 367 44 411
Preliminary information about the Respondents:-
It will be appropriate and most pertinent to know about the
background of the respondents so far as their age, education, marital
status, occupation, number of persons in family, whether any inter-caste
marriage has taken place in the family, whether any Governmental
assistance is taken for such marriage, how is their marital life? Whether
they faced any problem at the time of such marriage? The most important
among them all is their own belief or perception as to which caste they
belong to and to examine the Sociologist Srinivas concept of
Sanskritization that means consider them higher than what they really
are and try to gain and garner societal support for their such mindset
and try to adopt the culture of the higher castes in order to raise their
own status and identify themselves with the upper castes of the society.
If we see age-wise distribution of respondents than we find that
quite a large number of them are young respondents from 18 to 30 years
of age i.e. the younger generation, respondents from Brahmins in urban
area is 33.33% and from rural area is 14.28%, Kshatriyas from urban
186
area in this age group is 24.05% and from rural area is 27.27%, Vaishyas
from urban area is 37.28% and none of this age group from rural area,
OBCs from urban area is 46.25% and from rural area is 33.33%, Patels
from urban area is 35% and from rural area is 30% and SCs/STs from
urban area is 13.15% and from rural area is nil.
From thirty one to forty years of age - Brahmins from urban area is
59.27% and from rural area is 28.57%, Kshatriyas from urban area is
30.37% and from rural area is 27.27%, Vaishyas from urban area is
27.11% and from rural area is 100%, OBCs from urban area is 30%
and from rural area is 25%, Patels from urban area is 31.66% and from
rural area is 30% and SCs/STs from urban area is 5.26% and from rural
area is nil.
From forty one to fifty years of age - Brahmins from urban area is
17.64% and from rural area is 14.28%, Kshatriyas from urban area is
27.84% and from rural area is 18.18%, Vaishyas from urban area is
20.33% and from rural area is nil, OBCs from urban area is 18.75%
and from rural area is 41.66%, Patels from urban area is 21.66% and
from rural area is 30 % and SCs/STs from urban area is 10.52% and
from rural area is 50%.
From fifty one to sixty years of age - Brahmins from urban area is
1.96% and from rural area is 28.57%, Kshatriyas from urban area is
15.18% and from rural area is 27.27%, Vaishyas from urban area is
15.25% and from rural area is nil, OBCs from urban is 2.5% and from
rural area is nil, Patels from urban area is 10% and from rural area is 10%
and SCs/STs from urban area is 23.68% and from rural area is 50%.
From sixty one to seventy years of age - Brahmins from urban area
is 5.88% and from rural area is 14.28%, Kshatriyas from urban area is
187
1.26% and from rural area is nil, Vaishyas and OBCs- none in this
category, Patels from urban is nil and from rural area is 10% and SCs/
STs from urban area is 31.57% and from rural area is nil.
From seventy one to eighty years of age - Brahmins from urban
area is 1.96% and from rural area is nil, Kshatriyas, Vaishyas and OBCs
none in this category, Patels from urban area is 1.16% and from rural
area is nil and SCs/STs from urban area is 13.5% and from rural area is
nil.
From eighty one to ninety years of age – Brahmins, Kshatriyas,
Vaishyas, OBCs and Patels none in this category but 2.63% urban
respondents are there in this category from SCs/STs from urban area
and none from rural area.
From ninety one to hundred years of age - Only one Kshatriya from
urban area is there who constitutes 1.26% and from rural area is it nil
whereas none from rest of the castes i.e. Brahmin, Vaishya, OBC, Patel
and SCs/STs comes in this category.
The above statistics indicate that longevity among SCs/STs is the
highest whereas OBCs and Vaishyas, the same is the lowest as compared
to other castes. The Vaishyas are more or less living a sedentary life in
their occupation, whereas the evil of intoxication among the OBCs is
the highest which tend to shorten their lives.
Let us have a look at respondents’ educational background.
2.63% Scheduled Caste’s respondents have received the highest
educational qualification. There are 13.15% Doctors (MBBS) from
Scheduled Castes whereas in OBCs it is only 2.5%, in Patels it is 3.33%,
in Vaishyas it is 5.08%, in Kshatriyas it is 3.79% and none from Brahmins.
All the Doctors are from Urban areas and none from the rural areas.
188
Even 13.15% Scheduled Castes are Post Graduates whereas there is
none from the Vaishyas, Patels and OBCs, whereas only 6.32%
Kshatriyas are Post Graduates, 13.72% Brahmins are Post Graduates
but this is against their total 51 number of respondents. If we workout
percentage as per real number of respondents, again the Scheduled Caste
is on the top. All Post Graduates are from urban areas except one
Kshatriya from the rural area.
If we compare the graduate level of education among all respondents
we find picture as under:-
In the Arts stream, the Scheduled Castes’ education level is the
highest i.e. 39.47% from urban area and 50% from rural area, followed
by Kshatriyas i.e. 16.45% from urban area and 18.18% from rural area,
OBCs 13.75% from urban area and 16.66% from rural area, Vaishyas
11.86% from urban area and none from rural area, Patels 10% from
urban area and 20% from rural areas. Lowest percentage is of Brahmins
i.e. 7.84% from urban and 28.57% from rural areas.
The percentage of Commerce Stream of graduation of all castes is
as under:
The Vaishyas are top in this stream with 30.50% from urban area
and 50% from rural area, next come Brahmins 23.52% from urban area
and 14.28% from rural area, third comes Kshatriyas with 15.18% from
urban area and 9.09% from rural area, fourth comes Patels with 11.66%
from urban and 20% from rural area, fifth comes SCs/STs at 10.52%
from urban area and 50% from rural area and last comes the OBCs with
7.05% from urban and none from the rural areas.
In Science stream, Patels come first with 16.66% from urban and
none from rural areas, second comes Vaishyas with 8.47% from urban
189
area and none from rural areas, third comes Brahmins with 7.84% from
urban areas and 14.28% from rural areas, fourth comes OBCs with
6.25 from urban areas and none from rural areas, fifth comes SCs/STs
with 2.63% from urban area and none from rural areas whereas last
come the Kshatriyas with 1.26% from urban area and 18.18% from the
rural area. In rural area, Kshatriyas are the highest in Science graduation
as compared with all other Castes. If we see overall picture of education
among respondents then we find that most of the higher castes (Brahmins)
are in prestigious science stream. It means they will get better opportunity
for development in their life.
None of the respondent is illiterate. In Primary Education category
i.e. Standard one to seven, Brahmins are nil, Kshatriyas 1.26% from
urban and 9.09% from rural, Vaishyas 1.69% from urban and none from
rural, Patels 3.33% from urban and none from rural, OBCs 8.75%
from urban area none from rural area, SCs/STs 2.63% from urban area
and none from rural area.
The respondents who have studied up to SSC/HSC are as under.
Brahmins are 21.56% from urban area and 28.57% from rural area,
Kshatriyas are 46.83% from urban area and 27.27% from rural area,
Vaishyas are 28.81% from urban area and none from rural area, Patels
are 30% from urban area and 50% from rural area, OBCs are 50%
from urban area and 33.33% from rural area, SCs/STs are 13.15%
from urban area and none from rural area.
The Under Graduates are all dropouts and hence higher their
number lower their academic credentials. If we see them in different
stream wise then we find it as under:

190
 Arts:- Brahmins 15.68% from urban area and 14.28% from rural
area, Kshatriyas 3.79 % from urban area and 9.09% from rural area,
Vaishyas 1.69% from urban area and none from rural area, Patels 6.66%
from urban area and 10% from rural area, OBCs 25% from urban area
and none from rural area, SCs/STs 2.63% from urban area and none
from rural area.
Commerce:- Brahmins 5.88% from urban are and none from rural
area, Kshatriyas 1.26% from urban area and none from rural area,
Vaishyas 5.08% from urban area and 50% from rural area, Patels, OBCs
and SCs/STs – Nil.
Science:- Brahmins 3.92% from urban area and none from rural
area, Kshatriyas 2.53% from urban area and none from rural area,
Vaishyas 5.08% from urban area and none from rural area, Patels 1.69%
from urban area and none from rural area, OBCs 25% from urban area
and none from rural area, SCs/STs – Nil. The science stream of under
graduation is not at all represented by rural area and by candidate
belonging to SCs/STs.
Marital status of respondents:-
82.35% and 85.71% Brahmins respectively in urban and rural
areas are married. The percentage of unmarried Brahmins in urban
area is 17.64% and in rural area it is 14.28%.
87.34% and 100% Kshatriyas respectively in urban and rural
areas are married whereas 12.65% Kshatriyas are unmarried in urban
areas.
83.05% and 100% Vaishyas respectively in urban and rural areas
are married. 16.94% Vaishyas, thus are unmarried in urban areas.
68.75% and 83.33% OBCs respectively from urban and rural areas are
191
married whereas 31.25% OBCs are unmarried in urban areas and 16.66%
OBCs are unmarried in rural areas. 81.66% and 80% Patels respectively
from urban and rural areas are married whereas 18.33% and 20.00%
Patels in urban and rural areas respectively are unmarried.
86.84% SCs/STs are married who hail from urban areas and 100%
of them are married who hail from rural areas whereas 13.15% SCs/
STs from urban area are unmarried. The uneven sex ratio might have
played its role in the unmarried status of above respondents.
Table No.3-3
Caste-wise un-marital status of respondents
Sr.No. Caste Urban Rural
1 OBC 31.25% 16.66%
2 Patel 18.33% 20%
3 Brahmin 17.64% 14.28%
4 Vaishya 16.94% Nil
5 SC/ST 13.15% Nil
6 Kshatriya 12.65% Nil
The percentage of unmarried status in rural areas is less as compared
to the city area. The high percentage of unmarried status of OBCs, Patels,
Brahmins and Vaishyas have their own distinguishable factors which
are not relevant in this study and hence not elaborated. However the
depleting sex ratio with regard to girl/women per one thousand men
may also be one of the factors.
Occupations:-
Dr.Ambedkar viewed caste system as an oppressive system where
individual has no liberty. The Hindu caste-ridden society did not allow
its members to go for an occupation of their choice but they had to
192
pursue only the family and caste occupation to which they belong to. In
such circumstances, the downtrodden castes were forced to engage
themselves in occupations which carried the notions of impurity. If the
individuals who engaged themselves in the so called impure occupations,
then the concept of untouchability based on impurity of the occupation
also used to be attached to such occupations. The occupation aspect in
this study is very important and hence information about respondents’
caste-wise original occupation and their changed occupation, after the
society has undergone numerous social changes in modern times, is
gathered to gauge the extent of change in occupations of the people.
Occupation of Brahmins :-
The occupation of Brahmins used to be teaching, preaching,
performing religious rites and rituals, astrology, palmistry etc. From
above traditional occupations, after lot of social change in the country
during British rule and after India won Independence there was drastic
change in the occupation of the Brahmins. The 58.82% urban Brahmin
respondents’ traditional occupation was service and none from rural area
was in service. Now there is decline in percentage of Brahmins engaged
in service. The percentage has come down to 52.94% from 58.82%.
Similarly in the traditional Brahminical occupation of astrology, 25.49%
Brahmins from urban area and 71.42% Brahmins from rural area were
engaged in it. Very drastic social change took place which changed this
occupation of Brahmins drastically which can be seen from the 13.72%
urban Brahmins and 28.57% rural Brahmins engaging themselves in
astrology against the 25.49% in urban area and 71.42% in rural areas
earlier. What a drastic reduction in their own so called pure occupation!!!.
9.80% Brahmins from urban areas and 28.57% Brahmins from rural
193
areas had shown “Business” as their occupation of family. Now urban
Brahmins have engaged themselves three times more in business i.e.
29.41% whereas. 28.57% from rural areas Brahmins have engaged
themselves in “Business” as their present occupation of the family. A
surprising social change has taken place on its own, totally disrupting the
traditional occupation of the Brahmins. 1.96% urban Brahmins were
engaged in agriculture as an occupation but now 100% Brahmins have
detached themselves from the agriculture. The Brahmins have given up
agriculture as their occupation now. The Brahmins also now have engaged
themselves in miscellaneous occupations like journalism, art, social
service, freelance teaching (coaching class) etc. The result of social
change is visible in the change of occupation of all castes and the level of
education is also indicative of social change taken place in society.
Occupation of Kshatriyas :-
In the caste based social order of vertical hierarchy, the occupation
of Kshatriyas was military service of the State. War, Defence, Protection
of people and the territory of the kingdom as the case may be was their
main function. Now let us see what social change has come in Kshatriyas’
traditinoaloccupation of the family.
51.89% Kshatriyas from urban area and 72.72% Kshatriyas in
rural area’s traditional occupation of family was agriculture but it has
now respectively come down to 10.12% and 27.27% respectively. This
means that Kshatriyas have largely lost their hold on agricultural land.
What drove them out from their main occupation? Again there are
many factors including the implementation of tenancy laws in the State
which says “land belongs to him who tills it.” In Gujarati language it is
popularly known as “khede teni Jamin.” 51.89% and 72.72% Kshatriyas
194
respectively from urban and rural areas were engaged in agriculture
whereas 44.30% Kshatriyas from the urban area and 27.27% Kshatriyas
from rural areas were engaged in “Service” but now the service occupation
of the Kshatriyas has gone up to 81.01% in urban area and 63.63% in
rural areas respectively. This percentage is higher than the percentage of
Brahmins, Vaishyas, Patels, OBCs and the SCs/STs is really a very
surprising truth that has come out from research. Now this percentage
has gone much high and it has come to 81.01% and 63.63% of Kshatriyas
respectively from urban and rural areas engaged in service which
surpasses all other major communities, castes and varnas of Gujarat.
Some 2.53% Kshatriya from urban area were engaged in business and
trade traditionally, but there is no much change or progress in this
occupation of Kshatriyas as the percentage has only slightly increased
from 2.53% to 3.79% from urban area. 1.26% Kshatriyas from urban
areas were engaged in the stock exchange and same 1.26% Kshatriyas
are still engaged in the same stock exchange business. So there is no
change so far as this occupation of Kshatriyas is concerned. Some
Kshatriyas have engaged themselves in miscellaneous occupations like
courier service, Vakilat i.e .legal practice/transport/tea-stall/paan shops
etc. and some are totally unemployed. This is social change which
democratises the mind-set of rigidly enforced caste-norm in the matter
of occupations of the Indian people.
Occupation of Vaishyas:-
As per Lord Krishna in Gita,4 “Farming, cow protection and
business are the natural work (occupations) for the Vaishyas and for the
Shudras there is labour and service to others.”

195
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Gita-Chapter-18, Sloka-44
The Vaishyas have given up farming and cow protection. The
Vaishyas took to Jainism giving a go by to the Hindu religion. This new
religion they adopted, advocates complete non-violence. They even take
care to ensure that even by inadvertence, they do not kill even an ant or
an insect and mosquitoes and therefore there is proscription in their
religious tenets not to eat after sun set so that even smallest insects,
through inadvertence, are not killed by them. Agriculture involves lot
of killing of small creatures and insects when land is ploughed and
cultivation is done, crop is harvested etc. and hence the Vaishyas gave
up agriculture and preferred various types of business and wealth-wise
they surpassed all other communities as earning from business is always
higher than earning from agriculture.
The protection of cows was taken over by the Kshatriyas as
Brahmins exhorted them to protect Brahmins and cows. A coined slogan
“Gau Brahmin Pratipalak” for Kshatriyas i.e. the Kshatriyas are the
protectors of the cows and the Brahmins. In past from Mahabharata
times till Moghul times, many battles were fought by the Kshatriyas for
the protection of the cows alone. Such was the sense of duty instilled in
the minds of Kshatriyas by the Brahmins. Even Kshatriyas used to protect
Brahmins at the cost of their own lives and at the cost of their Kingdom
too. Lord Rama’s help was taken by Vishwamitra, Vashishta and others
for their protection against the demons / asuras of those days in which
Lord Rama, His wife Sita and younger brother Laxman suffered crushing
miseries and endless troubles. Thus Kshatriyas truthfully protected cows
196
and Brahmins and just not equally bothered for the protection of rest of
the varnas / castes or other animals except cows.
The percentage of Vaishyas in original occupation “business” of
family is 47.45% in urban areas and in rural areas it is 100%. There is
small decrease as it has come down to 42.37% in urban area now whereas
in rural area business alone has remained the main occupation of the
Vaishyas i.e. 100%.
13.55% Vaishyas were engaged in Goldsmith business in urban
areas whereas in rural areas none was pursuing this occupation. A slight
decrease is also registered in this occupation of the Vaishyas. It has come
down to 11.46% from 13.55%. Thus they are loosing their hold on
business and reasons may be that other castes like migrant Sindhis and
local Patels too are the strong contenders in the field of business now.
Traditionally Vaishyas are business community in India. However,
if we see it in respondents then we found that, Vaishyas engaged in service
as traditional occupation of family in urban area are 32.20% whereas in
rural area such engagement is nil. There is some improvement for
Vaishyas in service sector. From 32.20% in service sector as traditional
occupation of the family, the percentage has now increased and come to
35.59% in urban area and nil in rural area which was nil earlier also. In
money-lending occupation the traditional 3.38% has come down to
1.69% in urban area and not pursued it in rural areas. The new
occupations like medical field (Doctor), legal field (Advocate), freelance
teacning and tution classes etc. have also been accepted and pursued by
the Vaishyas. The religious and economic factors and the change in the
society brought about the changes in occupation of Vaishyas as revealed
above in this study.
197
Occupation of the Other Backward Castes (OBCs):-
As per Hindu Scripture like Gita,5 Manusmriti and other religious
Codes, the OBCs of today were considered to be “Shudras” and were
treated like that only. Their occupation even today will largely show
them involved in such service-occupation to other members of the Hindu
society placed in higher strata in a hierarchical pyramid of caste structure
of people. These castes used to do the menial work without much scope
for better occupation. But now, the occupations of the OBCs are full of
diversities. 36.25% urban and 16.16% rural OBCs were engaged in
service but now with reservation in Government service for the OBCs
and other opportunities in private sector, the percentage in service of the
OBCs has gone up and reached to 48.75% in urban areas and 25% in
rural areas. Agriculture occupation of OBCs in urban area was 11.25%
and in rural area it is 33.33% respectively which has now further gone
down to 6.25% in urban areas and 25% in rural area respectively. People
of these castes are also doing animal husbandry in urban area. It is 1.25%
in urban area and 16.16% in rural area. Now it is 2.5% in urban area.
The OBCs engaged in carpentry was 4.5% in urban area which is also
reduced to 3.75%. In business they were 8.75% in urban area and none
in rural area but the same is now 7.5% and 16.16% in urban and rural
area respectively. Percentage of OBCs engaged in labour activities was
3.75% but now it is 1.25% in urban area. The OBCs are also pursuing
other miscellaneous occupations like paan parlour, hair cutting, tailoring
work, milk trade, pottery, blacksmith, masonry work, domestic help,
doctor etc. Its percentage being very small in each occupation, the same
is therefore not mentioned.

198
Occupation of Patels:-
The Patels too were considered to be Shudra as per the occupation
prescribed for them by the Hindu Scriptures. Patel is a caste which
cannot be called Brahmin, Kshatriya, Vaishya and the last category of
Shudra is the only category left to accommodate Patel and therefore we
will see that Patels are desperately seeking their caste identity by showing
their caste as Kshatriyas sometimes, or Vaishyas on other occasions.
Formerly the Patels were in agriculture. Their proportion in
agriculture in urban and rural areas was 50.00% and 70.00% respectively
which is now 26.26% and 60% respectively. The service occupation of
Patel has taken a quantum jump from 19.66% and 10% from urban and
rural areas respectively has now gone up to 43.33% and 10% i.e. almost
more than the double figure. In business also Patels have made strides
from 20.00% and 20.00% from urban and rural area now the business
has reached to 25.00% and 30.00% respectively from urban and rural
areas.. Miscellaneous figure does not make any special difference like
the field of teaching, learning (students), architect, legal practice, medical
practice, retired personnel etc. so far as respondents of this study are
concerned and hence not elaborated here.
Occupation of the Scheduled Castes / Scheduled Trtibes (SCs/STs):-
Traditionally family occupation of Scheduled Castes, especially
the Vankar Caste from amongst the SCs was weaving. 47.6% from urban
area and nil from rural area, the Vankar respondents were engaged in
business of weaving but the respondent weavers seem to have completely
given a go bye to their family occupation as now none from rural or
urban areas is engaged in weaving so far as respondents of this study are
concerned. The factors responsible for forsaking weaving by the weavers
199
mainly are the industrialization of fabric production by textile Mills and
Factories all over the world and the preference of the people for mill
produced clothes to hand made clothes. The family occupation being
textile labour was 15.78% in urban area is now nil because of closure
of most of the textile mills. Education among SCs enabled them to
secure Government service and jobs in other sectors. Same is the
situation of SC respondents belonging to Chamar Sub-Caste whose
tannery occupation of family was 2.63% has come down to 0.0% as
their occupation is taken over by Caste Hindus in a more refined manner.
The tannery has been developed as full-grown industry and this
occupation has been taken over by the Caste Hindus in urban area as
similarly weaving was taken over by the caste Hindus from the Vankars.
However these trades are not taken over in Rural areas by the Caste
Hindus in their crude form or in any refined form. Miscellaneous labour
5.26% SCs from Urban area were engaged which has come down to
2.63% now. In service sectors 26.31% and 50% SCs from urban and
rural areas respectively were engaged but figures now show tremendous
improvement as 86.84% from urban area and 50% from rural areas
respectively the SCs are engaged in service. The service includes service
in private sectors also besides Government jobs. From urban area 5.26%
SCs have taken up business as their occupation now. Again from urban
area, 2.63% SCs have taken up “Construction” as their occupation which
was not the case earlier. As per data 2.63% SCs have become writers
and adopted ‘writing’ as their main occupation in urban area.
Thus, it can be seen that all castes are breaking the castes’ barriers
placed on the occupations of the individuals and community (caste) by
the caste system. The feature of caste system “Lack of unrestricted choice
200
of occupations” defined by G. S. Ghurye is almost broken now.6 The
restricted choice of occupations has become unrestricted for all citizens
of India. The same occupation that was once the occupation of SCs i.e.
Vankar and Chamar namely weaving and tannery have been taken over
by Caste Hindus in a more refined manner i.e. in the form of textile
mills and shoe companies. Both the occupations now are treated as
more honourable and dignified than ever before.
The size of family of respondents:-
The Vaishyas come first so far as small size of their families is
concerned followed by the Patels, then come SCs/STs and OBCs whereas
the Kshatriyas and Brahmins have large size of the mainly as compared to
Vaishyas, Patels, SCs/STs and OBCs as per data of the respondents. This
again goes counter to the general belief that the lower castes people have
larger families than the higher castes. Maximum numbers of a family of
Kshatriya are 14 members. The maximum number of an OBCs and SCs
family are 12 members in a family. The maximum number of members
in a Brahmin and Patel family are 10 members. In all castes, the maximum
number of members of family is uniformly 4, which proves that the family
planning slogan of Government of India that “We two, ours two - Hum
Do Hamare Do” seems to have gone well with the population. Here again
tremendous social change has swept the earlier concept of large family.
The old blessing “Shat Putravati Bhavah” – “Be the mother of hundred
sons” no longer retains any social acceptability. The “Panch Putravati
Bhavah” – “Be the mother of five sons” also does not hold any water now
in the entirely changed social scenario and social ideology. Imagine how
social change has changed the cultural ethos, belief, and feelings of the
people on unprecedented scale!!!.
201
 TABLE NO. 3-4 VIEWS REGARDING INTER-CASTE MARRIAGE
STATUS OF MARRIAGE ANY WHETHER
UPROAR BOTH PARTIES
SR. CASTE & TOTAL GOVT. SUCCES- TENSE PROBL- PEACEFUL AT THE TIME REASONS/ VISIT EACH CASTE OF SPOUSES OF I.C.M
NO PERCENTAGE I.C.M. ASST.TAKEN? SFUL EMATIC I.C.M? DETAILS OF OTHER’S
YES NO UPROAR HOUSE ? 1. M BRAHMIN 2. BRAHMIN 3. BRAHMIN TOTAL
YES NO YES NO F THAKKAR JAIN BAROT RESPONDENTS
U-R U-R U-R U-R U-R U-R U-R U.R.T.

1. BRAHMIN 6+0 1+0 5+0 6+0 - - - 2+0 4+0 1. POLICE CASE 6+0 - 1 4 1 T-6
% 11.76+ 1.96+ 9.80+ 100.00+ - - - 33.00+ 66.66+ 1. NO ENTRY 100.00+ -
00.00 00.00 00.00 00.00 00.00 00.00 IN KITCHEN 00.00 51+7=58

2. KSHATRIYA 6+1 - 6+1 6+1 - - 1+0 - 6+1 - 6+1 - 1. M PRAJAPATI 2. PRAJAPATI 3. MARATHI
% 7.59+ - 7.59+ 100.00+ - - 16.66+ - 100.00+ - 100.00+ - F KSHATRIYA KSHATRIYA GADHVALI T=6+1
9.09 9.09 9.09 - 00.00 100.00 79+11=90
4. M RAJPUT 5. BRAHMAN 6. BARAD 7. CASTE NOT
F KAYASTH KSHATRIYA CHAVDA SHOWN.

3. VAISHYA 9+1 - 9+1 7+1 1+0 - 2+0 - 9+1 - 7+1 1+0 1. M SIKH 2. VAISHNAV 3. JAIN
% 15.25+ - 15.25+ 77.77+ 11.11+ - 22.22+ - 100.00+ - 77.77+ 11.11+ F CHRISTIAN BRAHMIN THAKKAR
50.00 50.00 100.00 00.00 00.00 100.00 100.00 00.00 59+2=61
4. M KAYASTH 5. JAIN 6. JAIN
F VAISHNAV BRAHMIN RAJASTHANI

7. M PATEL 8. SONI 9. JAIN T=9+1

F JAIN PANCHAL CASTE NOT SHOWN-2

202
4. OBC 1+0 - 1+0 - - - 1+0 - 1+0 - 1+0 - 1. M PATANI
% 1.25+ - 1.25+ - - - 100.00 - 100.00+ - 100.00+ - F PRAJAPATI
00.00 00.00 00.00 00.00 00.00 1+0 =1 - 80+12=92
5. PATEL 4+1 - 4+1 3+1 - - 1+0 1+0 3+1 PARENTS OF 4+1 - 1. M PATEL 2. MARATHI 3. PATEL
% 6.66+ - 6.66+ 75.00+ - - 25.00+ 25.00+ 75.00+ GIRL NOT 100.00+ - F ANGHANIYA PATEL SHAH T=4+1
10.00 10.00 100.00 00.00 00.00 00.00 AGREEING FOR A 100.00 60+10=70
COUPLE OF MONTHS 4. M PATEL 5.1 PATEL
F JAIN CASTE NOT SHOWN

6. SC/ST 8+0 3+0 5+0 7+0 - 1+0 - 2+0 6+0 1.POLICE PRO- 7+0 1+0 1. M BRAHMIN 2. VANKAR 3. VANKAR
% 21.05+ 37.5+ 62.5+ 87.5+ - 12.5+ - 25.00+ 75.00+ - TECTION TO 87.5+ DIVORCE F VANKAR VANIK PATEL
00.00 00.00 00.00 00.00 00.00 00.00 00.00 S.C. 00.00 12.5+ 38+2=40
2. OBJECTION 00.00 4. M SIKH 5. VANKAR 6. VANKAR
BY MATERNAL F VANKAR CHAMAR PATEL
UNCLE WHICH
IS OVER NOW 7. M VANKAR 8. VANKAR
F CHAMAR BRAHMIN T=8+0

7. TOTAL 34+3=37 4+0=4 30+3=33 29+3=32 1+0=1 1+0=1 5+0=5 5+0=5 24+3=27 5 CASES 32+3=35 2+0=2 M 35
% F 35 367+44=411
9.26 11.76 88.23 85.29 2.94 2.94 14.70 14.70 70.58 14.70 94.11 5.88 9.26 +
6.81 00.00 100.00 100.00 00.00 00.00 00.00 00.00 100.00 100.00 00.00 6.81 = 9.00
9.00

(1) U = Urban (2) R = Rural (3) I.C.M. Inter-Caste marriage (3) T = Total (4) + = Rural respondents and their percentage
 Above conclusion leads us to believe that how
Constitutional / State law come to play an important role for effective
social change. By law, Government of India and State Governments
directed their employees to restrict the size of their family to two children
only. Government also announced number of incentives to promote
small family norms and lastly Government made law that persons having
more than two children cannot contest local bodies’ election. So the
law, the incentives and the restricting certain Governmental benefits to
persons having larger family, brought down the size of the family and all
the above three aspects played crucial role in the social change about the
concept of size of Indian family. The population explosion and the
difficulty in maintaining larger families due to economic constraints
and the constraints of residential accommodation etc. are also factors
responsible for curtailment of the size of the family.
Inter-caste marriage :-
Here again reference to G.S.Ghurye’s definition laying down six basic
features of caste system becomes necessary.7 G.S. Ghurye has given six basic
features of caste system in India. Let us refer feature of the “Restrictions
on Marriage” as a basic feature of the caste system defined by G.S. Ghurye.
What will happen if this basic feature of caste goes? Then the
regimented caste system will be broken into pieces and drifted away at several
places. The inter-caste marriage will attack on remaining five features of
the caste system and ultimately destroy the oppressive caste system as
mentioned by Dr.B.R. Ambedkar. It will cause disappearance of caste system
feature i.e. caste based Segmental Division of Society. Economic division,
class etc. will remain. Only caste based Segmental Division of Society will
disappear in long run.
203
 It will certainly and absolutely annihilate caste system’s feature of
hierarchy. A Brahmin girl married to a Dalit boy will certainly not
consider her higher and the Dalit boy will gradually forget his caste
based low social status. Restriction on feeding and social intercourse
will also go when physical intercourse is acceptable to the high castes,
certainly there cannot be any taboo for social intercourse. So this feature
of the caste system too will crumble totally through inter-caste marriage.
The Caste Hindus and SCs will naturally feed one another, take food
together cooked in the same utensils and in the same kitchen. So caste
restriction on feeding and social intercourse just cannot survive. All
disabilities mentioned by G.S. Ghurye in feature of Civil and Religious
disabilities and privileges of the different sections will also disappear
due to inter-caste marriages between SCs and Caste Hindus. Both the
parents in marriage of opposite caste will equally enjoy all civil and
religious rights equally and they will share privileges equally, if there
are any such privileges in existence. The feature of G.S. Ghurye’s
definition of caste – “Lack of unrestricted choice of occupation” will
also disappear due to inter-caste marriage. In fact inter-caste marriage
will act as facilitator in this regard. Perhaps the inter-caste marriages
will bring all the liberty of the individual which an oppressive caste
system had taken away. Finally the concept of purity and impurity on
the basis of which caste was created and untouchability was born, will
diminish and disappear due to the solid social impact of the inter-caste
marriages.
Dr. Ambedkar had welcomed the step of inter-caste marriage as
revolutionary as it directly attacks the most pertinent characteristic of
caste that is endogamy, on which the caste stands. Once endogamy (i.e.
204
marrying within one’s own tribe or caste) is attacked and destroyed, the
entire fortification of the caste system will crumble and victory over
such a well fortified castle of caste can be very easily won through inter-
caste marriage and that is why Dr. Ambedkar calls it revolutionary. Inter-
caste marriages will remove untouchability ipso facto which is called a
blot on Hinduism by Gandhiji. There is no other efficacious remedy
available for removing the blot of untouchability except inter-caste
marriages. Dr. Ambedkar had said that “Caste is a mental state therefore
it cannot be eradicated through constitutional measures alone”. The
inter-caste marriage takes place only when persons completely remove
their biases, prejudices, untouchability, idea of high and low and all
discriminatory concepts based on caste from his mind. The inter-caste
marriage is thus the product of mental state of the individuals who have
risen above all such pettiness of life. The parties enter into inter-caste
marriage, wedlock are, thus mentally clean before they decide to go for
such a marital union.
There is general belief that inter-caste marriages are not successful.
The media mostly controlled by the Caste Hindus may perhaps be
propagating such theory which is completely disproved in this study on
the basis of findings arrived at after empirical research.
Inter-Caste marriage and Brahmins:-
As per data, the Brahmins have entered into six inter-caste marriages
in urban areas. No Brahmin entered into inter-caste marriage in rural
area. The percentage of inter-caste marriage in Brahmins come to
11.76%. Only in one case they had taken Government assistance for
inter-caste marriage which is offered by the Government for such
marriage as incentive to promote inter-caste marriage. The ratio of
205
success of inter-caste marriage of Brahmins is 100%. Though there
was initial objections and in two inter-caste marriages, police cases were
done but subsequently everything just became normal with a happy
ending. In one case the newly married bride was not permitted to enter in
the kitchen of the Brahmin family as she was not Brahmin but
subsequently they relented and permitted her entry into their kitchen. In
another such inter-caste marriage, a police case was registered but finally
conciliation was done. Both parties in all six inter-caste marriages visit
each others parent’s house and none has any problem now about inter-
caste marriage. The composition of married couple is as under:-
Table No.3-5
Inter caste marriage of Brahmin
Caste of Brahmin Brahmin Brahmin Total
male ✒
Caste of Thakkar Jain Barot -
Female ✒
- 1 4 1 6

All bridegrooms are Brahmins but the brides are from Thakkar,
Jain and Barot castes which are considered to be lower in caste hierarchy.
Inter-Caste marriage and Kshatriyas:-
Total seven inter-caste marriages in Kshatriyas’ community have
taken place which comes to 7.59% in urban area and 9.09% in rural
area. Government assistance is not taken in any case. 100% inter-caste
marriages in Kshatriyas are successful and peaceful. No uproar at the
time of marriage had taken place in any of the above marriages. All
parties to the marriage visit each others parent’s house. The composition
of married couple is as under:-
206
 Table No.3-6
Inter-Caste marriage of Kshatriya
Male Prajapati Marathi Rajput Brahmin Barad Caste not shown
Female Kshatriya Gadwali Kayastha Kshatriya Chavda -
- 2 1 1 1 1 1
Inter-Caste marriage and Vaishyas:-
Number of inter-caste marriages taken place in Vaishyas are 9+1
i.e. 9 from urban areas and 1 from rural area. In urban area it comes to
15.25% and in rural area it comes to 50%. No one has taken Government
assistance in the marriages. 100% inter-caste marriages in urban area
are successful and peaceful whereas in one case in rural area the marriage
is tense but not unsuccessful. There was no uproar at the time of the
marriage in any of the above cases. The parties at marriages visit each
others house in 77.77% in urban area and 100% in rural area respectively.
Only in one case parties are not visiting each others houses. The caste,
community and religion-wise composition of married couple is as
under:-
Table No.3-7
Inter-Caste marriage of Vaishyas
Male Sikh Vaishnav Jain Kayastha Jain Jain
Female Christian Brahmin Thakkar Vaishnav Brahmin Rajasthani
- 1 1 1 1 1 1

Male Patel Soni Jain

Female Jain Panchal Caste not shown
- 1 1 2

207
 The highest number of Vaishyas have entered into inter-caste
marriages so far as this study is concerned.
Inter-Caste marriage and OBCs:-
The record of inter-caste marriage in OBCs is the lowest among
all the castes. There is only one inter-caste marriage in OBCs, that too
in urban area and in rural area it is zero. It comes to 1.26%. No
Government assistance is taken in the marriage. The marriage is 100%
peaceful and successful, no uproar took place at the time of marriage.
Both parties visit each other’s house. The caste, community and religion-
wise composition of married couple is as under:-
Table No.3-8
Inter-Caste marriage of OBCs
Male Pathan
Female Prajapati
- 1
This can even be called inter religious marriage with no uproar
from any quarters.
One principle emerges from the only one inter-caste marriage from
amongst the highest number of respondents in OBCs in this study is this
– Less the education, lesser the number of inter-caste marriages, and
stronger the bond of caste system in the communities.
Inter-Caste marriage and Patels :-
6.66% Patels entered into inter-caste marriage in urban area and
10% Patel entered into inter-caste marriage in rural areas. 4 Patels from
urban and 1 Patel from rural areas have done inter-caste marriages. No
Government assistance was taken. 100% inter-caste marriages in Patels
are successful and peaceful. In one case in urban area, the parents of the
208
girl were not agreeing initially for a couple of months for inter-caste
marriage but subsequently they relented. 100% couples in inter-caste
marriage and their relatives visit each others house. That means that,
there is complete acceptance of inter-caste marriage. The caste and
community-wise composition of married couple is as under:-
Table No3-9
Inter-Caste marriage of Patels
Male Patel Marathi Patel Patel Patel
Female Anghania Patel Shah Jain Caste not shown
- 1 1 1 1 1

Inter-Caste marriage and Scheduled Castes :-

The highest number of inter-caste marriages have taken place in

Scheduled Castes after the Vaishyas which is 21.05%. All inter-caste
marriages have taken place in the urban areas and none in the rural areas.
If in rural area, a Scheduled Caste gets into the marriage with an upper
caste girl, this then will surely lead to his death by the assault of the
Caste Hindus because the village people yet cannot digest the idea of
inter-caste marriage of a Scheduled Caste boy with a Caste Hindu girl.
This can be seen from number of cases of honour killing taking place in
India in connection with inter-caste marriages.
37.50% Scheduled Castes have received Government assistance
for inter-caste marriage while majority of them i.e. 62.5% Scheduled
Castes have not taken Government assistance for inter-caste marriage.
87.50% inter-caste marriages in Scheduled Caste are successful.
12.50% inter-caste marriages are problematic. The problems have been
created not by the Scheduled Castes but the Caste Hindus. If Caste

209
Hindus behave properly and do not create problems for such marriage,
100% inter-caste marriages will be successful so far as such marriages
in the Schedule Castes are concerned. In 25% inter-caste marriages of
Scheduled Castes, an uproar was created by the Caste Hindus whereas
in all inter-caste marriages of Caste Hindus, no uproar was created by
anyone as can be seen from the data. In 75% inter-caste marriages in
Scheduled Castes no uproar was created and thus, the Caste Hindus are
slowly and gradually accepting the ground reality of social change in
connection with the inter-caste marriages.
In one case of inter-caste marriage by a Scheduled Caste boy with a
Patel girl, the Patels threatened and intimidated the Scheduled Caste boy
and anyhow took away the married girl back and got her divorced from the
Scheduled Caste boy in Ahmedabad City even though the boy was closely
related to a very high ranking Dalit IPS Police Officer. Police protection
was also provided to the boy. In another case, there was objection to the
inter-caste marriage by the maternal uncle of the bride which was over by
the passage of time. 87.50% parents now visit each others house but at
the time of marriage of both bride and bride-groom they had grudge for
such inter-caste marriage but subsequently they reconciled with the situation
and now visit each others house which shows the emerging trends of
acceptability of the inter-caste marriage on a very large scale. The caste,
community and region-wise composition of married couple is as under:-
Table No. 3-10
Inter-Caste marriage of Scheduled Castes
Male Brahmin Vankar Vankar Sikh Vankar Vankar Vankar Vankar
Female Vankar Vanik (Vania) Patel Vankar Chamar Patel Chamar Brahmin
- 1 1 1 1 1 1 1 1
210
 TABLE NO. 3-11
SUGGESTION/OPINION ABOUT
ABOLITION OF CASTE-BASED DISCRIMINATION

SR. CASTE & USING LAW AS PERSUASION BY COMP. ANY OTHER WAY TOTAL
NO. PERCENTAGE AN INSTRUMENT I.C.M. * YOU KNOW RESPONDENTS
U-R U-R U-R U-R U-R-T

1. BRAHMIN 7+0 37+7 5+0 1+0 51+7=58

% 13.72+00.00 72.54+100.00 9.80+00.00 1.96+00.00

2. KSHATRIYA 10+3 67+8 - 2+0(BY THOUGHT) 79+11=90

% 12.65+27.27 84.84+72.72 - 2.53+00.00

3. VAISHYA 20+0 36+2 1+0 2+0 59+2=61

% 33.89+00.00 61.01+100.00% 1.69+00.00 3.38+00.00

211
4. OBC 18+1 51+11 8+0 3+0 80+12=92
% 22.5+8.33 63.75+91.66 10.00+00.00 3.75+00.00

5. PATEL 29+0 26+9 1+0 4+1 60+10=70

% 48.33+00.00 43.33+90.00 1.66+00.00 6.66+10.00

6. SC/ST 23+1 12+1 8+0 - 38+2=40

% 60.52+50.00 31.51+50.00 21.5+00.00 -
BY RENOUNCING
HINDUISM

7. TOTAL - - - - 367+44=411
RESPONDENTS

NOTE :- I.C.M. = INTER-CASTE MARRIAGE

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 TABLE NO. 3-12
VIEWS REGARDING CHANGE DUE TO INTER-CASTE MARRIAGE

SR. CASTE & IT WILL STRENGTHEN IT WILL CREATE IT WILL PRODUCE IT WILL LEAD TO TOTAL
NO. PERCENTAGE SOCIAL & NATIONAL BITTERNESS IN CROSS-BREED PEOPLE DESTRUCTION & DOWNFALL OF RESPONDENTS
UNITY SOCIETY SOCIETY
U-R U-R U-R U-R U-R-T

1. BRAHMIN 30+2 14+3 6+1 1+1 51+7=58

% 58.82+28.53 27.45+42.85 11.76+14.28 1.96+14.28

2. KSHATRIYA 55+8 21+1 1+1 2+1 79+11=90

% 69.62+72.72 26.58+9.06 1.26+9.06 2.53+0.06

3. VAISHYA 49+1 8+1 1+0 1+0 59+2=61

212
% 59.00+50.00 13.55+50.00 1.69+00.00 1.69+00.00

4. OBC 49+5 20+4 8+1 3+2 80+12=92

% 61.25+41.66 25.00+33.33 10.00+8.33 3.75+16.66

5. PATEL 38+6 17+2 4+2 1+0 60+10=70

% 63.33+60.00 28.33+20.00 6.66+20.00 1.66+00.00

6. SC/ST 37+2 1+0 - - 38+2=40

% 97.36+100.00 2.63+00.00 - -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) I.C.M. = Inter-Caste marrige (4) T = Total (5) + = Rural respondents and their percentage
 Thus total 411 respondents are there and out of it, 37 respondents
have entered into inter-caste marriages and its total percentage comes to
9%. Out of 411 respondents, 367 are from urban area i.e. Ahmedabad
City. From 367 urban respondents, 34 respondents have done inter-caste
marriage and the percentage of this come to 9.26%. Total 44 respondents
are from rural areas i.e. Ahmedabad Rural district and the percentage of
inter-caste marriage in rural area is 6.81% as only 3 persons from rural
area have done inter-caste marriage. In above analysis, it can be seen that
Brahmin bridegroom has accepted a Dalit bride and a Sikh bridegroom
has also accepted Dalit bride. Among the Dalits, the Vankar bridegrooms
have accepted Chamar brides. This is also revolutionary as the same
was not being done in the past and even at present there is lot of hesitation
for such marriages within these two communities.
In responses to how caste based discrimination can be abolished.
9.80% Brahmins from urban area said that by compulsory inter-caste
marriages, 1.69% Vaishyas also gave this answer, 10% OBCs also gave
the same reply. 1.66% Patels also gave the same reply, 21.5% Scheduled
Caste gave the same reply that the caste based discrimination can be
abolished by compulsory inter-caste marriages. Thus SC 21.5%, OBCs
10%, Brahmins 9.8%, Vaishyas 1.69% and Patels 1.66% total 44.65%
people thought that compulsory inter-caste marriage is the only viable
solution for abolition of the caste based discrimination. This is same
thing what Dr. Ambedkar had thought and called inter-caste marriages
as “revolutionary” capable of removing caste problem.
Another interesting revelation about inter-caste marriage comes with
regard to – “What do you think / believe about inter-caste marriage?”

213
The amazing awareness is seen on the part of the respondents from all
castes about the importance of the inter-caste marriages.
58.82% Brahmins from urban area and 28.53% Brahmins from rural
area felt that inter-caste marriages will strengthen social and national unity.
Similar was the views of 69.62% Kshatriyas from urban area and 72.72%
Kshatriyas from rural areas. 59% Vaishyas from urban area and 50%
Vaishyas from rural area believed in the same thing. 61.25% OBCs from
urban area and 41.66% OBCs from rural area also believed in the same
thing. 63.33% Patels from urban area and 60% Patels from rural area also
responded accordingly whereas 97.36% Scheduled castes from urban area
and 100% Scheduled Castes from rural area also believed that inter-caste
marriages will strengthen social and national unity. Let us take it as
progressive thoughts:-

Table No. 3-13

Inter-caste marriage will strengthen social and national unity.

Sr.No. Caste Urban Rural

1 SC/ST 97.36% 100.00%
2 Kshatriya 69.62% 72.72%
3 Patel 63.33% 60.00%
4 OBC 61.25% 41.66%
5 Vaishyas 59% 50.00%
6 Brahmin 58.82% 28.53%
Average% - 68.23% 58.81%

The Brahmins are thus seen to be less dynamic and progressive as

compared to SCs/STs, Kshatriyas, Patels, OBCs and Vaishyas. From
above picture it seems that social awakening so far change is concerned
214
is highest so far as SCs are concerned followed by the Kshatriyas and
the Patels whereas Brahmins are found most conservative and their place
is in the bottom so far as social change related to inter-caste marriage is
concerned. 68.23% and 58.81% people respectively from urban and
rural areas believe that inter-caste marriages will strengthen social and
national unity.
Will inter-caste marriages create bitterness in society? Let us see
and examine the responses from our respondents which are as under:-
Table No. 3-14
Inter-caste marriages will create bitterness in the society.

Sr.No. Caste Urban Rural

1 SC/ST 2.63% Nil
2 Vaishya 13.55% 50.00%
3 OBC 25.00% 33.33%
4 Kshatriya 26.58% 09.06%
5 Brahmin 27.45% 42.85%
6 Patel 28.33% 20.00%
Average% - 20.59% 25.87%

Only 2.63% SCs/STs from urban area believes that it will create
bitterness while none from rural area believes so. The attitudinal change
in SCs/STs has reached to the top in the matter of social change whereas
in Kshatriyas, Brahmins and Patels the social attitude is found harder
and is full of fear about such change. In fact inter-caste marriages are
based on love so they should generate love and not bitterness as is feared
by the above castes. The attitude of the Vaishyas and the OBCs is a bit
liberal as can be seen from above figures. Average 20.59% and 25.87%

215
people respectively from urban and rural areas feel that inter-caste
marriages will create bitterness in the society.
Table No. 3-15
Will inter-caste marriages produce crossbreed people?
The picture emerges on this count is as under:-

Sr.No. Caste Urban Rural

1 SC/ST Nil Nil
2 Kshatriya 1.26% 9.06%
3 Vaishya 1.69% Nil
4 Patel 6.66% 20%
5 Brahmin 11.76% 14.28%
6 OBC 10.00% 8.33%
Average% - 6.27% 8.61%

In this aspect the attitude for inter-caste marriages, again the highest
social awakening, is found on the part of SCs/STs, Kshatriyas and
Vaishyas whereas Patels, OBCs and Brahmins come at the bottom in
the pyramid of social awakening in Gujarat as can be seen from above
realities. Very few people in Kshatriyas and Vaishyas believe that it will
produce crossbreed people whereas the percentage of people having such
belief is higher in Brahmins, followed by OBCs and Patels. If they
come to know that crossbreed production is scientifically best then
perhaps they may change their social attitude on inter-caste marriages
and will give up their negative assertions altogether. Average 6.27%
and 8.61% Caste Hindus from urban and rural areas respectively believe
that inter-caste marriages will produce crossbreed people.

216
Will inter-caste marriages lead to destruction and downfall of society?
There is strong belief that inter-caste marriages will bring
doomsday to the society as it will create crossbreed people and it will
create bitterness in society, but these beliefs are disproved with the data
as can be seen from following responses from respondents.
Table No.3-16
Will inter-caste marriages lead to destruction
and downfall of the society? Yes it will.

Sr.No. Caste Urban Rural

1 SC/ST - -
2 Patel 1.66% -
3 Vaishya 1.69% -
4 Brahmin 1.96% 14.28%
5 Kshatriya 2.53% 0.06%
6 OBC 3.75% 16.66%
Average% - 2.31% 6.2%
As per data still there are few people among the
Patels, Vaishyas, Brahmins, Kshatriyas and OBCs who believe that inter-
caste marriages will lead to destruction and downfall of the society but
it is a matter of solace that percentage of such people is very less. In
Scheduled Castes and Scheduled Tribes none believes so, both in urban
and rural areas whereas in Patels only 1.66% in urban area believes that
inter-caste marriages will lead to downfall and destruction of society
but in Patels also, in rural areas none of them believes so. The Brahmins,
Kshatriya and OBCs’ percentage of such belief is highest as compared
to the rest of the castes and varnas. Thus the preparedness on the part of
OBCs, Kshatriyas and Brahmins for acceptance of social change related
217
 TABLE NO. 3-17 OBJECTION OF THE RESPONDENTS ON VARIOUS ISSUES REGARDING CASTE
SR. CASTE & DALIT WEDS CASTE HINDU OBJECTION IF DALIT IF DALIT BURIES/ IF DALIT IF CASTE HINDU & IF DALIT IF DALIT IF DALIT
NO. PERCEN- CASTE HINDU WEDS DALIT IN 1& 2 BOTH RESIDES IN CREMATES GIRL PARTI- DALIT PARTICI ENTERS INTO ENTERS IN ENTERS
TAGE GIRL GIRL CASTE HINDU HIS DEAD CIPATES IN A -PATE IN COMMU- YOUR TO YOUR INTO
AREA OR NEAR & DEAR ONE CASTE HINDU NITY MEALS. HOUSE KITCHEN TEMPLE
SOCIETY IN A CASTE HINDU GARBA IN VILL-
CREMATORIUM -AGE OR CITY
U-R U-R U-R U-R U-R U-R U-R U-R U-R U-R

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

1. BRAHMIN 10+3 8+3 18+3 9+0 6+0 5+0 8+1 10+0 12+1 6+0
% 19.60+42.85 15.68+42.85 35.29+42.85 17.64+00.00 11.76+00.00 9.80+00.00 15.68+14.28 19.60+00.00 23.52+14.28 11.76+00.00
2. KSHATRIYA 23+3 20+4 14+2 4+1 6+0 5+0 5+1 5+1 13+0 2+0
% 29.11+27.27 25.31+36.36 17.72+18.18 5.06+9.09 7.59+00.00 6.32+00.00 6.32+9.09 6.32+9.09 16.45+00.00 2.53+00.00
3. VAISHYA 18+1 22+1 7+0 3+0 4+0 4+0 3+0 2+0 4+0 1+0
% 30.50+50.00 37.28+5.00 11.86+00.00 5.08+00.00 6.77+00.00 6.77+00.00 5.8+00.00 3.38+00.00 6.77+00.00 1.69+00.00
4. OBC 23+5 22+5 - 7+2 7+3 3+2 7+2 8+2 6+2 4+2
% 28.75+41.60 27.5+41.60 - 8.75+16.66 8.75+25.00 3.75+16.66 8.75+16.66 10.00+16.66 7.5+16.66 5.00+16.66
5. PATEL 19+6 11+4 - 6+0 4+0 3+0 4+0 4+0 4+0 5+0
% 31.66+60.00 18.30+40.00 - 10.00+00.00 6.66+00.00 5.00+00.00 6.66+00.00 6.66+00.00 6.66+00.00 8.33+00.00
6. SC/ST 1+1 2+0 1+0 - - - - - - -
% 2.63+50.00 5.26+00.00 2.63+00.00 - - - - - - -
7. TOTAL - - - - - - - - - -

218
SR. CASTE & IF DALIT IF DALIT GETS NO OBJECTION OBJECTION IN NOT APPLICABLE TOTAL
NO. PERCENTAGE ENTERS GOOD/HIGH IN ANY OF ALL ABOVE BEINCE SC/ST RESPONDENTS
INTO THE JOB/SERVICE ABOVE
SANCTUM
SANCTORUM
OF THE TEMPLE
U-R U-R U-R U-R U-R U-R-T
11. 12. 13. 14. 15.

1. BRAHMIN 6+1 12+0 33+5 6+0 - 51+7=58

% 11.76+14.28 11.70+00.00 64.70+71.42 11.76+00.00 -
2. KSHATRIYA 1+0 3+0 49+7 4+0 - 79+11=90
% 1.26+00.00 3.79+00.00 62.2+63.63 5.6+00.00 -
3. VAISHYA 3+0 3+0 47+1 2+0 - 59+2=61
% 5.08+00.00 5.8+00.00 79.66+50.00 3.38+00.00 -
4. OBC 6+2 3+2 44+9 4+2 - 80+12=92
% 7.5+16.66 3.75+16.66 55.00+75.00 5.00+16.66 -
5. PATEL 3+0 3+0 37+4 4+0 - 60+10=70
% 5.00+00.00 5.00+00.00 61.66+40.00 6.66+00.00 -
6. SC/ST - - 28+1 - 6+0 38+2=40
% - - 73.68+50.00 - 15.78+00.00
7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) I.C.M. Inter-Caste marriage (3) T = Total (4) + = Rural respondents and their percentage
to inter-caste marriages is found to be less as compared to SCs/STs,
Patels and Vaishyas. Here again the SC’s/ST’s rank is first so far as their
preparedness and awareness for social change is concerned. Average only
2.31% and 6.2% Caste Hindus from urban and rural areas respectively
believe that inter-caste marriages will lead to destruction and downfall
of the society.
Very interesting social responses have been obtained from members
of all castes in questions which contain their objections if (1) Dalits
(SC) weds Caste Hindu girl and (2) if Caste Hindu weds Dalit (SC) girl.
Caste wise objection shows picture as under:-
Table No. 3-18
Objection if Dalit (SC) weds Caste Hindu Girl.

Sr.No. Caste Urban Rural

1 Patel 31.66% 60%
2 Vaishya 30.50% 50%
3 Kshatriya 29.11% 27.27%
4 OBC 28.75% 41.60%
5 Brahmin 19.60% 42.85%
6 SC 02.63% 50%
Average% - 23.70% 45.28%
It will be seen from above that intensity of objection is higher
in rural area as compared to urban area. Average 23.70% and 45.28%
people in urban and rural areas respectively object Dalit boy wedding a
Caste Hindu girl. The intensity of objection by Patels, Vaishyas and
Kshatriyas is higher than the intensity of objection by OBCs and
Brahmins. Surprisingly 2.63% Scheduled Castes, only one respondent
who is an Ex. IAS officer retired as Secretary to the Government and
219
 TABLE NO. 3-19
VIEWS PERTAINING TO I.C.M. WHETHER IT SHOULD TAKE PLACE OR NOT?

SR. CASTE & SHOULD TAKE SHOULD NOT UNDER NO CIRCUMSTANCES OTHER OPINION TOTAL
NO. PERCENTAGE PLACE TAKE PLACE IT SHOULD TAKE PLACE RESPONDENTS
U-R U-R U-R U-R U-R-T

1. BRAHMIN 30+4 17+2 1+1 3+0 51+7=58

% 58.89+57.14 33.30+28.57 1.96+14.28 5.88+00.00

2. KSHATRIYA 56+8 17+1 4+0 2+2 79+11=90

% 70.88+72.72 21.5+9.09 5.96+00.00 25.53+18.18

3. VAISHYA 35+2 9+0 3+0 12+0 59+2=61

220
% 59.32+100.00 15.25+00.00 5.08+00.00 20.33+00.00

4. OBC 39+3 29+3 2+0 10+6 80+12=92

% 48.75+25.00 36.25+25.00 2.5+00.00 12.5+50.00

5. PATEL 34+5 17+4 3+1 6+0 60+10=70

% 56.66+50.00 28.33+40.00 5.0+10.00 10.00+00.00

6. SC/ST 37+2 1+0 - - 38+2=40

% 97.36+100.00 2.63+00.00 - -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) I.C.M. = Inter-Caste marrige (4) T = Total (5) + = Rural respondents and their percentage
who had headed Directorate of Social Welfare, objected to such inter-
caste marriage. Such objection is 50% in Scheduled Castes in rural areas.
The factors responsible for this may be their own safety and security.
But on an average 76.29% Caste Hindus from urban area have no
objection if Dalit boy weds a Caste Hindu girl. Only 23.70% respondents
object to such inter-caste marriages. If we subtract 2.63% Scheduled
Castes from the aggregate percentage of 23.70%, then it is only 21.07%
Caste Hindus who object Scheduled Caste boy wedding a Caste Hindu
girl. 78.93% Caste Hindus have no objection to such inter-caste
marriages in urban areas whereas in rural areas 44.34% Caste Hindus
object to such marriage but again majority of 55.65% Caste Hindus
even in rural areas do not object to such inter-caste marriage. This
indicates that social change has overtaken the orthodox Hindu thinking
to a great extent.
Now let us see the objection of various castes to the inter-
caste marriage in which Caste Hindu weds Dalit-(Scdeduled Caste) girl.
Table No.3-20
Objection if Caste Hindu weds Dalit (Scheduled Caste) girl.

Sr.No. Caste Urban Rural

1 Vaishya 37.28% 5%
2 OBC 27.50% 41.60%
3 Kshatriya 25.31% 36.36%
4 Patel 18.30% 40%
5 Brahmin 15.68% 42.85%
6 SC/ST 05.26% Nil
Average% - 21.55% 33.16%

221
 The SC has the lowest objection if their girl marries a Caste Hindu
boy. 15.68% Brahmins in rural area have objection if a boy belonging
to Caste Hindu weds a Scheduled Caste girl. Such objection so far as
Brahmins from rural area is concerned is strange and comes to 42.85%
which is the highest as compared to all other castes. The Vaishyas,
OBCs and Kshatriyas have stronger objection if their son gets married
to a Scheduled Caste girl. The average objection to such inter-caste
marriages from all castes except Scheduled Caste is 24.81% in urban
area and rural area such objection is 33.16%. It means that 75.19%
Hindus in urban area and 66.83% Hindus in rural area have no objection
for inter-caste marriage between a caste Hindu boy and a Scheduled
Caste girl.
A very specific question was asked to the respondents whether
inter-caste marriage should take place or not? The scenario emerged
caste-wise and intensity-wise is as under:-
Table No. 3-21
The inter-caste marriage should take place.

Sr.No. Caste Urban Rural

1 SC 97.36% 100%
2 Kshatriya 70.88% 72.72%
3 Vaishya 59.32% 100%
4 Brahmin 58.89% 57.14%
5 Patel 56.66% 50%
6 OBC 48.75% 25%
Average% - 65.31 67.47%
Thus average urban response in favour of inter-caste marriage is
65.31% whereas rural it is 67.47% much against commonly prevalent
222
notions. It seems lot of social change has taken place about the belief of
Hindus’ marriage system. Kshatriya’s second place in favour of inter-
caste marriage appears baffling looking to the widely prevalent orthodox
social ethos of the Kshatriyas. Let us also examine who says such inter-
caste marriage should not take place?

Table No. 3-22

The inter-caste marriage should not take place.

Sr.No. Caste Urban Rural

1 OBC 36.25% 25%
2 Brahmin 33.30% 28.57%
3 Patel 28.33% 40%
4 Kshatriya 21.50% 09.09%
5 Vaishya 15.25% Nil
6 SC/ST 02.63% Nil
Average% - 22.87% 17.11%

Negative intensity against inter-caste marriage is stronger with the

OBCs, Brahmins and Patels as compared to Kshatriyas, Vaishyas and
Scheduled Castes and Scheduled Tribes.
In urban areas 22.87% are against inter-caste marriage while
77.13% are in favour of the same whereas 17.11% are against inter-
caste marriage in rural areas and 82.89% in rural areas are in favour of
the inter-caste marriage.Very small percentage of respondents believe
that under no circumstances inter-caste marriages should take place and
the same have been put up intensity-wise and caste-wise as under :-
223
 Table No.3-23
Views against inter-caste marriage.

Sr.No. Caste Urban Rural

1 Kshatriya 5.96% Nil
2 Vaishya 5.08% Nil
3 Patel 5% 10%
4 OBC 2.5% Nil
5 Brahmin 1.96% 14.28%
6 SC/ST Nil Nil
Average% - 4.1% 4.85%

Thus only 4.1% from urban area and 4.85% from rural area
respectively the Caste Hindus believe that under no circumstances inter-
caste marriages should take place. This proves the point that dogmatism
in social thinking is reduced to a great extent and has come to such low
level of 4.1% and 4.85% respectively in urban and rural areas so far as
Caste Hindus are concerned. The Scheduled Castes and the Scheduled
Tribes people do not hold such a negative view about the inter-caste
marriages. This indicates the strongest disapproval for inter-caste
marriages by very few Caste Hindus.
The opinion about financial incentive given by the Government for
the inter-caste marriages is also very crucial to understand the mindset
of the respondents for such biggest social change that inter-caste marriage
brings in the society.

224
 TABLE NO. 3-24
GOVERNMENT INCENTIVES & PUBLIC OPINION ABOUT I.C.M.

SR. CASTE & SUCH INCENTIVE SUCH INCENTIVE SHOULD CASTE SYSTEM WILL INCENTIVE AMOUNT OTHER TOTAL
NO. PERCENTAGE BE GIVEN NOT AT ALL BE GIVEN BREAK DOWN & IT WILL BE SHOULD BE INCREASED & RESPONDENTS
DETRIMENTAL TO RESIDENTIAL
SOCIETY & NATION ACCOMMODATION SHOULD
BE PROVIDED BY THE GOVT.
U-R U-R U-R U-R

1. BRAHMIN 27+5 11+1 5+1 4+0 4+0 51+7=58

% 52.94+71.42 21.56+14.28 9.80+14.28 7.84+00.00 7.84+00.00

2. KSHATRIYA 55+9 15+1 3+1 2+0 4+0 79+11=90

% 69.62+81.81 18.98+9.09 3.79+9.09 2.53+00.00 5.96+00.00

3. VAISHYA 34+1 10+1 1+0 1+0 13+0 59+2=61

225
% 57.62+50.00 16.99+50.00 1.69+00.00 1.69+00.00 22.03+00.00

4. OBC 37+6 17+4 12+2 5+0 9+0 80+12=92

% 46.25+50.00 21.25+33.33 15.00+16.66 6.25+00.00 11.25+00.00

5. PATEL 38+5 13+5 2+0 2+0 5+0 60+10=70

% 63.33+50.00 21.66+50.00 3.33+00.00 3.33+00.00 8.33+00.00

6. SC/ST 28+2 - - 15+1 - 38+2=40

% 73.68+100.00 - - 39.47+50.00 -

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) I.C.M. = Inter-Caste marrige (4) T = Total (5) + = Rural respondents and their percentage
 Table No.3-25
Financial incentives for inter-caste marriage should be given.

Sr.No. Caste Urban Rural

1 SC/ST 73.68% 100%
2 Kshatriya 69.62% 81.81%
3 Patel 63.33% 50%
4 Vaishya 57.62% 50%
5 Brahmin 52.94% 71.42%
6 OBC 46.25% 50%
Average% - 60.57% 67.20%

As per data 60.57% in urban area is in favour of giving financial

incentives to the spouses who enter into inter-caste marriages. Such
inter-caste marriages will finally put an end to the menace of
untouchability, endogamy, caste based discrimination of high and low
and social and religious disabilities from the society which will strengthen
the social and national unity and therefore the Government is giving
financial incentives to promote inter-caste marriages. In rural area the
percentage is 67.20% who are in favour of financial incentives to be
given to the couples who enter into inter-caste marriage.
Table No.3-26
Financial incentives for inter-caste marriage should not be given.

Sr.No. Caste Urban Rural

1 Patel 21.66% 50%
2 Brahmin 21.56% 14.28%
3 OBC 21.25% 33.33%
4 Kshatriya 18.98% 09.09%
226
 5 Vaishya 16.99% 50%
6 SC/ST Nil Nil
Average% - 20.08% 31.34%

20.08% Caste Hindus from urban area except SCs/STs believe

that financial incentive should not at all be given whereas 31.34% Caste
Hindus except SCs/STs from rural area also believe so.
Following percentage of people believe that not only financial
assistance should be given for inter-caste marriage but the amount of
the incentive should be increased and residential accommodation should
also be provided to such couples by the Government who have done
inter-caste marriage. They are as under:-
Table No.3-27
The incentive amount for inter-caste marriage should be
increased and the Government should also provide residential
accommodation to the couples.

Sr.No. Caste Urban Rural

1 SC/ST 39.47% 50%
2 Brahmin 07.84% Nil
3 OBC 06.25% Nil
4 Patel 03.33% Nil
5 Kshatriya 02.53% Nil
6 Vaishya 01.69% Nil
Average% - 10.18% 8.33%
If this percentage is added into the percentage who believe that
financial incentive should be given to the spouses who have done inter-
caste marriage, picture, as mentioned below will emerge.

227
 Table No. 3-28
Financial incentives including residential accommodation should
be given for inter-caste marriage.

Sr.No. Caste Urban Rural

1 SC/ST 73.68% 100%
+ 39.47% + 50%
Total 113.15% 150%
2 Kshatriya 69.62% 81.81%
+ 02.53% + Nil
Total 72.15% 81.81%
3 Patel 63.33% 50%
+ 03.33% + Nil
Total 66.66% 50%
4 Vaishya 57.62% 50%
+ 1.69% + Nil
Total 59.31% 50%
5 Brahmin 52.94% 71.42%
+ 07.84% + Nil
Total 60.78% 71.42%
6 OBC 46.25% 50%
+ 06.25% + Nil
Total 50.50% 50%
Average% - 70.42% 75.53%

Thus the total 70.42% respondents from urban areas and 75.53%
respondents from rural area are in favour of financial incentives given
by the Government to promote inter-caste marriages, therefore, it may

228
be safely concluded that the Government decision to promote inter-caste
marriages is wholeheartedly welcomed by all the castes and all the castes
have almost made up their mind to free themselves from the shackles of
oppressive endogamous caste system.
Table No. 3-29
Microscopic minority, as mentioned below from amongst all castes
except SCs/STs felt that caste system will break down and it will be
detrimental to society and nation if financial incentives are given by the
Government to those who enter into inter-caste marriage.

Sr.No. Caste Urban Rural

1 OBC 15% 16.66%
2 Brahmin 9.8% 14.28%
3 Kshatriya 3.79% 9.09%
4 Patel 3.33% Nil
5 Vaishya 1.69% Nil
6 SC/ST Nil Nil
Average% - 6.72% 8.00%

Mostly OBCs and Brahmins i.e. 24.08% from urban areas harbour
such feeling that inter-caste marriages are detrimental to society and
nation and 30.94% OBCs and Brahmins from rural areas also have the
similar feeling but the percentage of Kshatriyas, Patels and Vaishyas
combined comes only to 8.81% who have similar apprehensions which
have no basis at all. On an average only 6.72% Caste Hindus from urban
area and 8.00% Caste Hindus from rural area respectively have
apprehensions about inter-caste marriages.

229
 The data breaks the views and beliefs of the society pertaining to
social change taken place since the time of Vedas till date. The journey
of Indian Hindu Society from Vedas, Varnas, Castes, untouchability,
caste based high and low, social and religious disabilities, orthodox
beliefs, social inhibitions and taboo etc. has crossed more than half the
distance and sometimes it has crossed even greater distance than people
generally think and normally believe.
------------------------------------------------------------------------------------
References:-
1. Ghurye, G.S. Caste, Class and Occupation, Popular Book Depot,
Bombay-7,1961, p. 2-7
2. Swami Sachchidanand, Adhogati-num-Mool Varnvyavastha,
(Caste Systems: The Root of All Evils) Samanvyaya Prakashan,
Navrangpura, Ahmedabad, July, 1988, p.70-71.
3. Ibid., p.51
4. Bhaktivendant Swami Prabhupada A.C. BHAGAVD GITA AS IT
IS, Bhaktivedant Book Trust, Mumbai-49, January,2000, p. 828
5. Ibid.
6. Ghurye, G.S. Caste, Class and Occupation, Popular Book Depot,
Bombay-7, 1961, p. 15
7. Ghurye, G.S. Caste, Class and Occupation, Popular Book Depot,
Bombay-7, 1961, p.2-17

230
 Chapter-4
Indian Society and Caste

As is known to all of us, Indian society is caste-ridden with plethora of

castes sprawling all over with strict, rigid and dogmatic notions, beliefs,
customs, mores, usages, traditions and sense of superiority over others
merely on one and only concept and fact of one’s birth in a particular caste.
Caste gives status to its members which is not achieved status but ascribed
status and one gets it effortlessly. Caste is unchangeable. It remains like
a shadow of the person right from birth to death, cradle to cremation. The
lowest caste in the hierarchy has no claim of superiority over other castes.
Rest of all castes have claims of superiority over some others and such
self-imposed superiority has, in fact, no basis either ethically, physiognomic,
colour wise or skin-wise also caste stands no grounds. Higher the caste
in social order, stronger and higher the concept of divine endowment is
there, and it is propagated that this happens due to the recognition of good
deeds of the previous birth by the God. Since Brahmins consider themselves
as the supreme human beings on earth and they consider themselves at
times even higher than the God, and therefore if Brahmins are not respected,
welcomed or ill-treated, divine displeasure shall visit such persons and
they shall have to do some atonement and acts of charity, donation to get
rid of the effects of their acts which were not in consonance with the
religious tenets and preaching, prescribed and spread by the Brahmins. So
far as respect is concerned, it is everywhere reciprocated in the same
manner. If we greet someone with folded hands saying “Pranam” or
“Namaskar,” most of the times the other man/woman will normally
reciprocate in the same manner, but this mutual reciprocity is done away
with by the Brahmins to show their superiority and divinity. Look at the
231
observations of G. S. Ghurye in his classic sociological book entitled
“Caste, Class and Occupation” as under:-
“A Brahmin never bows to anyone who is not a Brahmin, but requires
others to salute him; and when he is saluted by a member of a non-Brahmin
Caste he only pronounces a benediction. Some of the lower castes carry
their reverence for the Brahmins, especially in Northern India, to such
extremes that they will not cross the shadow of a Brahmin, and sometimes
will not take their food without sipping water in which the big toe of a
Brahmin is dipped. The Brahmin, on the other hand is conscious of his
superiority that he does not condescend to bow even the idols of Gods in
a Sudra’s house. The Brahmin has been regarded as the most important
subject, needing protection from the King, so much so that the King is
styled as the Protector of the Brahmins and the cows, other subjects being
regarded as too insignificant to be mentioned.1”
Originally the Hindus were divided into four varnas i.e. Brahmin,
Kshatriya, Vaishya and Shudra. Each Varna got divided into several castes
and sub-castes and thus Indian society, mainly the Hindu society flooded
with numerous castes. The main features of caste are – (1) Hierarchy (2)
Endogamy and Hypergamy (3) Pre-fixed occupation of castes (4)
Restriction on food, drink, smoking etc. (5) Distinction in customs, dress
and speech (6) Differentiation in rituals (7) Caste based disabilities (8)
Theory of pollution (9) Criteria of touchability and untouchability (10)
Concept of purity and impurity (11) Claim of Divine creation (12)
Prohibition on marriages outside one’s own caste (13) Location or
residences. Such features of caste are mentioned by G.S. Ghurye in his
book “Caste, Class and Occupation”2.

232
 The cautiously arranged caste hierarchy leaves no doubt in the mind of
any individual as to whom he is superior or inferior so far as his caste status
is concerned. Even when this fact about one’s own caste is clearly known
to each Hindu he will always try to show his caste higher even though
he is not born in that caste or that class which he claims he belongs to, does
not accept him. He will also try to advance various grounds which will,
in fact not be tenable and at times may appear ridiculous too. For example
Patels were known as “Shudras” in Rig-vedic3 period, in ancient, medieval
and period up to independendence of India from British Rule. Despite this
fact the Patel authors and other try to claim that they were Kshatriyas and
this claim is not only pseudo but ridiculous also. Every socially low castes
try to get into higher castes to get higher status and stature in society and
try to adopt higher castes’ culture, customs, mores, traditions and dress
styles: this is what Srinivas calls “Sanskritization.”
Here Scholar has tried to see how people have put forth their caste’s
claims, claiming higher status and superiority on the basis of their caste,
trying to include or accommodate themselves in higher caste echelons.
Looking to the facts ascertained from the respondents very interesting
as well as strange picture has emerged which is as under:-
(1) Brahmins :- In a caste hierarchy, the Brahmins are on the top of the
social pyramid arranged in a graded and stratified manner based on birth.
Since they are above all Varnas and Castes and they believe it to be so, no
Brahmin has said that he belongs to any other caste, other than his own
caste i.e. Brahmin. His status being highest he has not to go to anywhere
and the theory of Sanskritization is not applicable to him is evidently seen
from the analysis of above facts.

233
 (2) Kshatriyas:- Though Brahmins claim to be superior to Kshatriyas
but no Kshatriya has shown himself as belonging to Brahmin Varna or
Caste. It appears that Kshatriyas might be considering themselves as
second to none. The Lord Buddha, a Kshatriya himself had announced that
Brahmins are below Kshatriyas who are rulers and administrators. This
seems to be the reason why theory of Sanskritization fails here in case of
the Kshatriyas.
(3) Vaishyas:- The Situation starts changing from Vaishyas downward.
The theory of Sanskritization and Dr. Ambedkar’s “Theory of imitation”
seem to be playing their roles from Vaishyas and caste below them.
1.69% Vaishyas stated that they belong to the Brahmin caste which in
fact they do not. Similarly 1.69% Vaishyas have stated that they belong
to Kshatriya caste, they too are, in fact wrong and their claims are also
unfounded and misleading. These Vaishyas who have stated that they are
Brahmins and Kshatriyas are from urban area whereas from rural area
50% Vaishyas have stated that they belonged to other caste which they have
not specified but presumably their contention might be that they belonged
to caste other than Hindu castes considering themselves as Jains and not
Hindus.
96.61% Vaishyas from urban area have rightly indicated their own caste
i.e. Vaishya. Here also the impact of Sanskritization can be termed as
minimal.
(4) OBCs :- The OBCs are in fact found rushing to claim higher status
and the theory of “Imitation” of Dr. Ambedkar and theory of
“Sanskritization” of M. N. Srinivas both have been fittingly applied in the
case of OBCs.

234
 3.75% OBCs have considered themselves as Brahmins. They are all
from urban area. None from rural area has claimed Brahmin status.
The record number of OBCs i.e. 21.25% from urban area and 8.33%
from rural area stated that they belonged to “Kshatriya” Varna or caste.
13.75% OBCs from urban area and a maximum of 33.33% OBCs from
rural areas have also shown themselves as belonging to Vaishya Varna
or Caste. 8.75% OBCs from urban area shown themselves as “Shudra”
and 25% OBCs from rural area have also shown themselves as belonging
to “Shudra” varna or caste which is their real Varna or caste which perhaps
the OBCs have forgotten or pretend to have forgotten or have ignorance
on their part for their original past history and identity.
2.5% OBCs from urban area have stated that they belong to “Atishudra
caste” which in fact is not true as they are higher than the “Atishudra” as
“Atishudras” were untouchables and were considered to be “Pancham
Varna” i.e. out of “Varnavyastha” prescribed in Aryan social system (four
fold society).
A sizeable percentage of OBCs i.e. 30% from urban area and 5%
from rural area have stated that they belonged to “other” varna or caste
but have failed to indicate any caste or varna. They are similarly either
confused or ignorant or they must have intention to hide their caste.
22.5% OBCs from urban area have not given any information. Again
their motive is to conceal their real identity.
This means that the OBCs face real social crisis of identity. They
want to improve their status by trying to merge or club themselves with
higher castes and surprisingly with lower castes also. So in their case
theory of Sanskritization and theory of De-Sanskritization both have
worked.
235
 Only 8.75% OBCs have given their correct identity whereas 91.25%
OBCs have given pseudo identity about their caste, suppressing their
real identity. In Indian social structure, every individual in fact correctly
knows where he stands in caste stratification. This is an extreme case of
hot pursuit for higher social status forgetting their own real status.
Neither Brahmins, nor Kshatriyas, nor Vaishyas will ever accord them
their status or accord social status which they enjoy in the caste structure
of Indian social arrangement. Generally in the world a class or a
community will try to protect and preserve its own identity but here in
the case of Indian OBCs, extremely high percentage of OBCs population
i.e. 91.25% are bent upon to throw away their original identity.
(5) Patels :- The Patels also suffer same identity crisis as OBCs are
suffering. Historically Patels were considered to be Shudra alike OBCs
but due to their wonderful economic progress in all fields and their
acquiring wealth unimaginable as compared to other sections of the
society, now Patels feel ashamed to remember their original identity and
are found to be in intense search of higher social identity but the same
seems to be absolutely groundless. Some Patel Scholars and writers
have tried in vain to connect their roots with Kshatriya Varna / Caste,
but absolutely there is no taker for such claim of higher social status of
Patels. Patels were basically toiling mass, agricultural labourers and
farmers and were considered to be Shudras by their occupation. The
Hindu scriptures treated them as “Shudra.4” Originally they were known
as “Kunbi” or “Kanbi” means persons connected with “bi” i.e. seeds.
Only farm labourers and farmers were connected with the “seeds.”
Now let us analyse where Patels are trying to place themselves in
caste hierarchy forgetting their original social position. 5% Patels from
236
urban area and 10% Patels from rural area have respectively stated their
caste to be a Kshatriya caste. A large number of Patels i.e. 63.33%
from urban area and 60% from rural area have respectively claimed to
belong to Vaishya varna or caste. Only 6.66% Patels from urban area
and 20% Patels from rural area have frankly admitted and disclosed
openly that they belong to “Shudra” Varna/Caste. 15% Patels from
urban area and 10% Patels from rural area have shown their caste as
“Other” without specifying the same. They, thus, seem to be either in
state of confusion or intentionally have tried to avoid the issue due to
embarrassment in showing themselves as “Shudra”.
6.66% Patels from urban area have preferred to leave this column
blank perhaps due to shame they might be feeling to state their real
identity as “Shudra” or in showing pseudo-identity. So they seem to
have adopted a better course of avoidance of the question.
93.34% Patels from urban and 80% Patels from rural areas are
desperately seeking their identity elsewhere as it hurts their ego, esteem
and prestige to state truth about their original identity of “Shudra”.
Perhaps the theory of Sanskritization and Imitation is working at its
peak in the case of Patels and OBCs.
Only 6.66% Patels from urban area and 20% Patels from rural areas
have frankly admitted and stated that they belong to “Shudra” varna or
caste.
91.25% OBCs and 93.34% Patels have, thus given or claimed pseudo
caste identity in higher strata of society where they are not acceptable
due to the rigid and inflexible structure of the caste system. This can be
called a largest scale of social desertion from one’s own original identity
about which people world over feel proud about.
237
 (6) SCs/STs :- Theory of Imitation and Sanskritization respectively
of Dr. Ambedkar and Srinivas have not played any effective role so far
as SCs/STs are concerned. In fact the above theories should have played
dominant and prominent role in the case of SCs/STs but this research
has proved otherwise as compared to the applicability of above theory
to OBCs and Patels vis-à-vis SCs/STs.
Both from urban and rural area, absolutely none from SCs/STs claimed
to belong to Brahmin Varna / Caste. Thus the theory of Dr. B.R. Ambedkar
and Srinivas proved not to be correct here. Only one respondent from
urban area and none from rural area claimed to belong to Kshatriya
varna / caste. A sole respondent has claimed it. Percentage wise it comes
to 2.63% only. 60.52% SCs/STs from urban area 100% SCs/STs from
rural area have stated that they belong to “Shudra” varna / caste. But
this is in fact they have done out of ignorance as everyone believes
genuinely that there are only four varna, and Atishudra varna i.e.
‘Pancham Varna’ is not known even to the highly educated Caste Hindus
or the highly educated SCs/STs.
18.52% SCs/STs from urban area have stated that they belong to the
Atishudra varna / caste. 18.52% SCs/STs from urban area have shown
“other” as the caste / varna they belong to in which mostly they have
shown “Baudhists” as their religion which is caste-less. None of the
SCs/STs has left this column blank and they have candidly and forthrightly
confirmed what they are and even did not hid the fact of their low status
and identity nor claimed higher status except a sole respondent.
The Patels and OBCs are racing fast to gain higher social status or
identity as has been established above on the basis of empirical research.

238
 TABLE NO. 4-1
CREATION OF CASTE STATUS

SR. CASTE & GOD MEN SCRIPTURES NONE TOTAL

NO. PERCENTAGE U-R U-R U-R U-R RESPONDENTS
U-R-T

1. BRAHMIN 3+1 41+4 7+1 0+1 51+7=58

% 5.88+14.28 80.39+57.14 13.72+14.28 00.00+14.28

2. KSHATRIYA 6+0 56+8 16+3 1+0 79+11=90

% 10.16+00.00 70.88+72.72 20.25+27.27 1.26+00.00

3. VAISHYA 2+0 56+2 1+0 - 59+2=61

% 3.38+00.00 94.71+100.00 1.69+00.00 -

239
4. OBC 5+0 69+9 5+3 1+0 80+12=92
% 6.25+00.00 86.25+75.00 6.25+25.00 1.25+00.00

5. PATEL 1+0 54+7 3+3 2+0 60+10=70

% 1.66+00.00 90.00+70.00 5.00+30.00 3.33+00.00

6. SC/ST - 29+2 12+1 - 38+2=40

% - 76.31+100.00 31.75+50.00 -

7. TOTAL
RESPONDENTS - - - - 367+44=411

(1) U = Urban (2) R = Rural (3) I.C.M. = Inter-Caste marrige (4) T = Total (5) + = Rural respondents and their percentage
Now let us see what they and others believe about the idea of high and
low and who created it.
The top varna / caste i.e. Brahmins vigorously, throughout the history
of Varna system, propagated that varna and castes are divine in nature
and character. The varna system, they believe, was created by the God
and therefore it is Divine. The Brahmins wrote all scriptures and gave
divinity to the varna and caste which was in fact their own creation.
They just put words in the mouth of socalled God and thus were able to
ascribe a status of divinity to the system so that no human being will
oppose it or object it or try to override and violate it. Thus they made
varna and caste perpetual and immutable by giving them divine touch.
Initially and for years together the entire society believed the same as
gospel truth. In this study, Scholar has made an effort to observe as to
what people now think about the creation of the caste? or caste based
idea of high and low as under:-
Table No.4-2
Idea of high and low-a creation of human being.

Sr.N0. Caste Urban Rural

1. Vaishya 94.71% 100.00%
2. Patel 90.00% 70.00%
3. OBC 86.25% 75.00%
4. Brahmin 80.39% 57.14%
5. SC/ST 76.31% 100.00%
6. Kshatriya 70.88% 72.72%
Average% - 83.09% 79.14%

240
 80.30 Brahmins from urban areas and 57.14% Brahmins from rural
areas, thus the majority of Brahmins now believe that the idea of high
and low based on caste / varna consideration are created by men and not
by God. The varnas/ castes have now lost divinity even from amongst
their creators i.e. Brahmins. Similarly 70.88% Kshatriyas from urban
area and almost equal number i.e. 72.72% Kshatriyas from rural areas
believe that varna / caste based idea of high and low are created by men
and not God. Thus the majority of Kshatriyas’ perception about creation
of varna and caste based discrimination has undergone drastic change.
The conception of Vaishyas about the creation of varna / caste is the
highest among all in favour of the same being created by men and not by
God. 94.71% Vaishyas from urban area and 100% Vaishyas from rural
area believe that the caste based idea of high and low is created by men
and not by God. In holding this view, the Vaishyas have topped all other
castes which show greater and more scientific awareness on their part.
86.25% OBCs from urban area and 75% Vaishyas from rural area have
stated that the idea of high and low is created by men and not by God.
90% Patels from urban area and 70% from rural area believe that the
idea of high and low is created by men and not by God. 76.31% SCs/
STs from urban area and 100% SCs/STs from rural area believe that the
idea of high and low is created by the men and not by God.
Thus, majority of people from all Varnas/Castes have denounced the
creation of varnas/castes and pursuant to it the idea of high and low as men-
made and not God-made. The average 83.09% people from urban and
79.14% people from rural area believe that the caste-based idea of high
and low is created by men and not by God. The vedic assertion about
241
creation of Brahmins, Kshatriyas, Vaishyas and Shudras respectively from
mouth, arms, thighs and feet of the God is also thus proved wrong by the
people and the conspiracy hatched in the name of God by few through
scriptures so cleverly, so surreptitiously is also exposed by the people.
Let us also examine who said that the idea of high and low is created
by the scriptures (Dharmashastras).

Table No.4-3
Idea of high and low is creation of Dharmashastras.
Sr.N0. Caste Urban Rural
1. SC/ST 31.75% 50.00%
2. Kshatriya 20.25% 27.27%
3. Brahmin 13.72% 14.28%
4. OBC 6.25% 25.00%
5. Patel 5.00% 30.00%
6. Vaishya 1.69% Nil
Average% - 13.11% 24.42%

13.72 Brahmins from urban area and 14.28% Brahmins from rural
area felt that the idea of high and low based on caste is created by the
scriptures and not by God. Similarly 20.25 Kshatriyas from urban area
27.27% Kshatriyas from rural areas believed that the idea of high and
low is created by the scriptures. 1.69% Vaishays from urban area felt
that the idea of high and low is created by the scriptures and not by God.
6.25% and 25% OBCs respectively from urban and rural areas also felt
that the idea of high and low is created by the scriptures and not by the
God. Most of the scriptures are created by the Brahmins and thus the
242
idea of high and low is created by the Brahmins and the Brahmins are
men and not God. 5% and 30% Patels respectively from the urban and
rural areas stated that the idea of high and low is created by the scriptures
and not by the God.
Thus, the varna and caste have almost lost their divinity and divine
concept of creation from majority of the Hindus as ascertained in this
research and as indicated above. Still minority group from almost all
castes, which holds the view that the idea of high and low based on
varna was created by God.

Table No.4-4
The idea of high and low - Status is creation of God.

Sr.N0. Caste Urban Rural

1 Kshatriya 10.16% Nil
2 OBC 6.25% Nil
3 Brahmin 5.88% 14.28%
4 Vaishya 3.38% Nil
5 Patel 1.66% Nil
6 SC/ST Nil Nil
Average% - 4.55% 2.38%

Looking to above picture it seems that people from rural area except
Brahmins(14.28%) of rural area are rationally more advanced as none
believed in the divine concept of creation of varna / caste and about the
idea of high and low based on caste but in urban area a small 4.55%
Caste Hindus, termed as microscopic minority only holds view that the
243
idea of caste-based high and low was created by God. The number of
such people in rural area is very less i.e.2.38% Caste Hindus only which
is surprising as the rural people looked more advanced in this regard as
compared with urban people.
There is another microscopic minority which holds the view that none
has created the idea of high and low. The same is as under:-

Table No.4-5
The Idea of high and low is not creation of anyone.
Sr.N0. Caste Urban Rural
1 Patel 3.33% Nil
2 Kshatriya 1.26% Nil
3 OBC 1.25% Nil
4 Brahmin Nil 14.28%
5 Vaishya Nil Nil
6 SC/ST Nil Nil
Average% - 0.97% 2.38%

The above emerging trends will certainly make the task of social
reformers easier as the Hindu mind-set has undergone a drastic change
in its belief system so far as Divine creation of caste theory is concerned.
How the caste based age-old belief system, mind-set and ideas of the
people are changing can be further seen from the following query as
“How is the caste based high and low hierarchy? It seems people from
all varnas / castes have started disliking the caste-based vertically stratified
hierarchy which shows superiority of one caste over other.

244
 TABLE NO. 4-6
OPINION ABOUT CASTE BASED HIGH AND LOW HIERARCHY

SR. CASTE & PERCENTAGE GOOD BAD CAN’T SAY ANY OTHER TOTAL
NO. & NECY. & UNNECY. ANYTHING REASON REPONDENTS
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 5+2 30+4 16+1 - 51+7=58

% 9.80+28.57 58.82+57.14 31.37+14.28 -

2. KSHATRIYA 18+0 50+7 9+3 2+1 79+11=90

% 22.75+00.00 63.29+63.63 11.39+27.27 2.53+9.09

3. VAISHYA 4+0 47+1 6+1 2+0 59+2=61

% 6.77+00.00 79.66+50.00 10.16+50.00 3.38+00.00

245
4. OBC 6+1 53+5 17+4 4+2 80+12=92
% 7.5+8.33 66.25+41.66 21.25+33.33 5.00+16.66

5. PATEL 6+2 43+8 10+0 1+0 60+10=70

% 10.00+20.00 71.66+80.00 16.66+00.00 1.66+00.00

6. SC/ST 1+0 36+2 1+0 - 38+2=40

% 2.63+00.00 94.37+100.00 2.63+00.00 -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 The sequential order of people saying that caste based high and low
hierarchy is bad and unnecessary is as under:-

Table No. 4-7

Caste based high and low hierarchy is bad and unnecessary.
Sr.N0. Caste Urban Rural
1 SC/ST 94.37% 100%
2 Vaishya 79.66% 50%
3 Patel 71.66% 80%
4 OBC 66.25% 41.66%
5 Kshatriya 63.29% 63.63%
6 Brahmin 58.82% 57.14%
Average% - 73.34% 65.40%

Thus majority of respondents from all varnas and castes have rejected
the old social concept of high and low simply based on one’s birth. The
Brahmins are at the bottom in above progressive thinking about caste
system.
Let us also examine the percentage of respondents who opined that
the caste based high and low hierarchy is good and necessary, which is as
under:-
Table No.4-8
Caste based high and low hierarchy is good and necessary.
Sr.N0. Caste Urban Rural
1 Kshatriya 22.75% NIL
2 Patel 10.20% 20%
3 Brahmin 9.80% 28.57%
246
 4 OBC 7.50% 8.33%
5 Vaishya 4.77% NIL
6 SC/ST 2.63% NIL
Average% - 9.60% 9.48%
The ascending order from Sr.No.6 of above table where higher varnas
and castes’ percentage is much higher as compared to the SCs/STs who
believe that this unjust caste hierarchy of high and low is good. Only
one respondent from SC stated it to be good, may be out of his ignorance
but others i.e. Caste Hindus have stated the same with deliberate belief
in the system.
The following respondents are undecided in the matter ticked “can’t
say anything” option.

Table No.4-9
No opinion and other reason about caste based high and low hierarchy.
Sr.No. Castes Urban Rural
1 Brahmin 31.37% 14.28%
2 OBC 21.25% 33.33%
3 Patel 16.66% NIL
4 Kshatriya 11.39% 27.27%
5 Vaishya 10.16% 50%
6 SC/ST 2.63% NIL
Average% - 15.57% 20.81%
It is surprising that the consciousness about evil effect or good effects,
as the case may be, has not developed to above extent in 15.57% and
20.81% respondents from urban and rural areas respectively in all above
mentioned varnas and castes.
247
 The following respondents have ticked “any other reason” but they
have not furnished the reason and hence there is no clarity and clear
vision of these respondents in the matter:-

Table No.4-10
Any other reason about caste based high and low hierarchy.

Sr.No. Castes Urban Rural

1 OBC 5% 16.66%
2 Vaishya 3.38% NIL
3 Kshatriya 2.53% 9.09%
4 Patel 1.66% NIL
5 Brahmin NIL NIL
6 SC/ST NIL NIL
Average% - 2.09% 4.29%

Thus right type of consciousness and awakening have taken place in

majority of all varnas who have felt and opined that caste based high and
low hierarchy is bad and unnecessary.
Then the research has taken the respondents to still higher thought
that whether the idea of socially high and low, based on caste be abolished.
This is the real test of their maturity about the institution of caste /
varnas and their offshoots like untouchability, caste-based consideration
of high and low i.e. the ascribed status granted by the caste system and
varna system to its members.

248
 TABLE NO. 4-11
SHOUD THE IDEA OF SOCIALLY HIGH AND LOW BASED ON CASTE BE ABOLISHED?

SR. CASTE & BE NOT TO BE IT MAKES NO TOTAL

NO. PERCENTAGE ABOLISHED TO BE ABOLISHED CONTD.WITH DIFFRENCE RESPONDENTS
SMALL CHANGES IF ABOLISHD OR NOT
U-R U-R U-R U-R U-R-T

1. BRAHMIN 37+5 3+0 5+2 6+0 51+7=58

% 72.54+71.42 5.88+00.00 9.80+28.57 11.76+00.00

2. KSHATRIYA 60+8 7+0 6+1 6+2 79+11=90

% 75.94+72.72 8.86+00.00 7.59+9.09 7.59+18.18

3. VAISHYA 50+2 5+0 3+0 1+0 59+2=61

249
% 84.74+100.00 8.47+00.00 5.08+00.00 1.69+00.00

4. OBC 63+9 6+0 7+1 4+2 80+12=92

% 78.75+75.00 7.5+00.00 8.75+8.33 5.00+16.66

5. PATEL 45+8 5+0 6+2 4+2 60+10=70

% 75.00+80.00 8.33+00.00 10.00+20.00 6.66+20.00

6. SC/ST 38+2 - - - 38+2=40

% 100.00+100.00 - - -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table No.4-12
Idea of socially high and low, based on caste system should be abolished.
Sr.No. Castes Urban Rural
1 SC/ST 100% 100%
2 Vaishya 84.74% 100%
3 OBC 78.75% 75%
4 Kshatriya 75.75% 72.72%
5 Patel 75% 80%
6 Brahmin 72.54% 71.42%
Average% - 81.16% 83.13%
Thus it can be seen that 81.16% and 83.13% respondents from urban
and rural areas respectively want that the idea of socially high and low based
on caste should be abolished. They want to abolish the artificial and harmful
social practice of treating people as high and low only on the basis of their
birth. It is a matter of great satisfaction that society is found marching ahead
on the path of egalitarian concept giving an unceremonious good bye to
the socially false ascribed status by castes and varnas.
Yet there are few who believe that the idea of socially high and low caste
system should be continued with small and few changes. Figures given
in Table No. 4-13 gives picture as under:-
Table No.4-13
System of caste based high and low should continue with small change..
Sr.No. Castes Urban Rural
1 Patel 10% 20%
2 Brahmin 9.8% 28.57%
3 OBC 8.75% 8.33%
4 Kshatriya 7.59% 9.00%
5 Vaishya 5.08% NIL
6 SC/ST NIL NIL
Average% - 6.87% 10.98%
250
 TABLE NO. 4-14
WAYS & MEANS OF ABOLITION OF CASTE-BASED DISCRIMINATION

SR. CASTE & USING LAW AS PERSUASION BY COMP. ANY OTHER WAY TOTAL
NO. PERCENTAGE AN INSTRUMENT I.C.M. * YOU KNOW RESPONDENTS
U-R U-R U-R U-R U-R-T

1. BRAHMIN 7+0 37+7 5+0 1+0 51+7=58

% 13.72+00.00 72.54+100.00 9.80+00.00 1.96+00.00

2. KSHATRIYA 10+3 67+8 - 2+0(BY THOUGHT) 79+11=90

% 12.65+27.27 84.84+72.72 - 2.53+00.00

3. VAISHYA 20+0 36+2 1+0 2+0 59+2=61

% 33.89+00.00 61.01+100.00% 1.69+00.00 3.38+00.00

251
4. OBC 18+1 51+11 8+0 3+0 80+12=92
% 22.5+8.33 63.75+91.66 10.00+00.00 3.75+00.00

5. PATEL 29+0 26+9 1+0 4+1 60+10=70

% 48.33+00.00 43.33+90.00 1.66+00.00 6.66+10.00

6. SC/ST 23+1 12+1 8+0 - 38+2=40

% 60.52+50.00 31.51+50.00 21.5+00.00 -
BY RENOUNCING
HINDUISM

7. TOTAL - - - - 367+44=411
RESPONDENTS

NOTE :- I.C.M.= INTER-CASTE MARRIAGE

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 These are the people with traditional mind-set who want the repressive
caste system to continue with its high and low stratification based on
birth alone.
The following percentage of people were just not bothered at all
whether the idea of socially high and low, based on caste is abolished or
not. They are as under:-
Table No.4-15
It makes no difference if caste based idea of high and low is abolished or not.
Sr.No. Castes Urban Rural
1 Brahmin 11.76% NIL
2 Kshatriya 7.59% 18.18%
3 Patel 6.66% 20.00%
4 OBC 5.00% 16.66%
5 Vaishya 1.69% NIL
6 SC/ST NIL NIL
Average% - 5.45% 9.14%
These are the people who can be called indifferent, callous and casual
in such serious social problems which are shaking the roots of not only
Indian social system but it can shake even the roots of our democratic
set up as has already been witnessed in Naxal movement. Only 5.88%
Brahmins, 8.86% Kshatriyas, 8.47% Vaishyas, 7.5% OBCs, 8.33%
Patels in urban area believed that the idea of socially high and low
should not be abolished whereas from rural area none believed in this.
It seems rural people have acheived greater degree of maturity.
It can be seen that majority of people in all varnas / castes is in favour
of abolition of caste based concept of high and low stratified social
hierarchy based on caste alone as well as varnas and castes as such which
252
produce such inequality in society. Then the question arises as to how
the caste based discrimination can be abolished. The respondents’ views
in the matter are as under:-

Table No.4-16
Caste based discrimination should be abolished by persuasion.
Sr.N0. Caste Urban Rural
1 Kshatriya 84.84% 72.72%
2 Brahmin 72.54% 100%
3 OBC 63.75% 91.66%
4 Vaishya 61.01% 100%
5 Patel 43.33% 90%
6 SC/ST 31.51% 50%
Average% - 59.49% 84.06%

Table No.4-17
Caste based discrimination should be abolished by using law as an
instrument of social change.

Sr.N0. Caste Urban Rural

1 SC/ST 60.52% 50.00%
2 Patel 48.33% 0.00%
3 Vaishya 33.89% 0.00%
4 OBC 22.5% 8.33%
5 Brahmin 13.72% 0.00%
6 Kshatriya 12.65% 27.27%
Average% - 31.93% 14.26%
253
 Table No.4-18
Caste based discrimination should be abolished by compulsory
intercaste marriage.
Sr.N0. Caste Urban Rural
1 SC/ST 21.5% NIL
2 OBC 10.00% NIL
3 Brahmin 9.80% NIL
4 Vaishya 1.69% NIL
5 Patel 1.66% NIL
6 Kshatriya NIL NIL
Average% - 7.44% NIL
Opinion of a Scheduled Caste person is that “caste-based discrimination
can be abolished by renouncing Hinduism”. But it appears that the remedy
suggested is not very simple as after embracing other religion say for
example Baudhism by the Dalits, the cast-based discrimination still
continues against them.
Table No.4-19
Caste based discrimination should be abolished by any other means
known to the respondents.
Sr.N0. Caste Urban Rural
1 Patel 6.66% 10.00%
2 OBC 3.75% NIL
3 Vaishya 3.38% NIL
4 Kshatriya 2.53% NIL
5 Brahmin 1.96% NIL
6 SC/ST NIL NIL
Average% - 3.04% 1.66%
254
 TABLE NO. 4-20
VIEWS REGARDING BENEFITS OF CASTE SYSTEM

SR. CASTE & NO BENEFIT BENEFIT IN CONVENIENT IN BENEFITS IN TOTAL

NO. PERCENTAGE CRISES & ON MARRIAGE OF EDU. MATTERS RESPONDENTS
SOCIAL OCCASION BOYS & GIRLS
U-R U-R U-R U-R U-R-T

1. BRAHMIN 24+3 9+3 9+0 9+1 51+7=58

% 47.05+42.85 17.64+42.85 17.64+00.00 17.64+14.28

2. KSHATRIYA 54+7 15+2 6+0 4+2 79+11=90

% 68.35+63.63 18.98+18.18 7.59+00.00 5.06+18.18

3. VAISHYA 37+1 17+0 2+0 3+2 59+2=61

255
% 62.71+50.00 28.81+00.00 3.38+00.00 5.08+100.00

4. OBC 27+4 26+5 16+4 16+0 80+12=92

% 33.75+33.33 32.5+41.66 20.00+33.33 20.00+00.00

5. PATEL 24+4 18+3 12+0 6+3 60+10=70

% 40.00+40.00 30.00+30.00 20.00+00.00 10.00+30.00

6. SC/ST 20+1 9+1 5+0 5+0 38+2=40

% 52.63+50.00 23.68+50.00 13.15+00.00 13.15+00.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Thus it can be seem that out of four options as abolition of caste based
discrimination, all of the varnas and castes have opined mostly in favour
of persuasion only, but only SCs/STs and Patels have preferred law as an
instrument for abolition of caste based discrimination as compared to
persuasion. The percentage of the SCs/STs opting for law as an instrument
is the highest i.e. 60.52% and 50% respectively from urban and rural areas,
however their percentage in favour of persuasion is 31.51% and 50%
respectively i.e. to say that large number of SCs/STs in urban areas depend
on law for abolition of caste based discrimination rather than persuasion
or on any other measure at such a high rate.
The Patels are also more or less in line with SCs/STs in this connection
as 48.33% Patels from urban area believe in law as an instrument for
removal or abolition of caste based discrimination as compared to their
43.33% and 90% opinion respectively from urban and rural areas in
favour of persuasion.
Social Legislation during British Rule :-
It seems that these two castes have greater understanding about the
power of law than power of persuasion. It is true that the social conditions
of the Indians have largely improved on account of various social
legislations introduced by the Britishers in colonial India. Some of such
social legislations are very briefly mentioned as under, which can make
us realise that how worst socially we were before the advent of the
Britishers in India:-
(1) 1795 – By law Britishers authorised people of all caste and
communities including Kanbi, Potter, Carpenter, Bavsar, Soni, Ghanchi,
Koli and Pancham Varna people like Chamar, Valmikis, all SCs and STs

256
communities to own property. All the above castes under Law of Manu
and other Hindu laws were debarred from owning property.
(2) 1795 – By another legislation, the Britishers put a ban on the
“Dudhapiti” system prevalent in “Dwij” communities in India.
(3) 1817 – By law Britishers abolished the system of sending one’s
newly married wife to the Brahmin – Guru for consummation of woman
first by the Brahmin – Guru in the first night of marriage i.e. Golden
night or “Suhag Raat” popularly known in many Indian languages.
(4) 1817 – Introduced same equal law for same equal offence to all
Hindus and Muslims and others. Previously as per Hindu Law Dwijas
were differently treated than Shudras for the same offence. The Brahmins
enjoyed immunity from any corporal punishment for any offence
including murder, rape, dacoity etc. We may call it a Common Penal
Law.
(5) 1819 – The Britishers introduced a law that prohibited Hindu
couple who used to offer first child as an oblation in river Ganga.
(6) 1829 – The Britishers prohibited “Sati” system by law.
(7) 1830 – By law opened the doors of education for all Indians
including the Shudra and Atishudra communities. Dr.B.R. Ambedkar
from Mahar caste and Sardar Patel from Shudra caste, Kanbi could also
take education and made excellent strides in the annals of Indian history.
The Brahminic laws had placed ban on women, Shudras and Atishudras
from receiving any type of education.
(8) 1843 – By law, the Britishers prohibited Bonded labour (Veth
Pratha) wherein the farmers, landless labourers and other Shudra Jatis,
Pancham varna had to do compulsory labour without expectation of
any remuneration.
257
 (9) 1845 – By law, prohibited Hindu custom and tradition to bury
alive the artisans in the walls of Palace, Compound walls of the Fort,
Construction of bridge, other secret chambers or tunnels to escape in
times of crisis and emergency etc. who used to carry out the masonry
work.
(10) 1863 – Prohibited “Charak Puja” system wherein it was practice
to tie the waist of the persons belongings to castes like Kanbi, Potter, Koli,
Blacksmith, Carpenter etc. declared as “Shudra” by the “Smritis” and then
the high Caste Hindus will drag them by the rope and kill them mercilessly
and take pleasure in it and rejoice the cruel deaths of the members of above
communities. This was done to please the Gods/Goddesses
(11) 1935 – Prohibited Hindu couples’ custom to offer
first child as oblation to deity at religious places.
The above social legislations and other such many social legislations
changed the inhuman Hindu customs and traditions which were particularly
against varnas lower than the Brahmins and specially against the Shudras
and Ati-Shudras. Such Hindu Customs were also against humanity, dignity
of the individuals & were atrocious and anti-human beings.
So such a tremendous and great importance of law as an instrument
of social change is highly understood by two castes i.e. (1) SCs/STs and
(2) The Patels as compared to other castes who had thrown their weight
in favour of the method of persuasion for bringing social change and
mainly for abolition of discrimination based on castes.
Change in traditional marriage system:- Dr. Ambedkar held a view
that only two things can remove or annihilate caste system from India
i.e. (1) Inter-caste marriages and (2) Change in religion. One respondent
also has opined in this matter that renunciation of Hinduism can annihilate
258
caste. The SCs/STs are on top for this opinion. 21.5% SCs/STs believed
that compulsory inter-caste marriage can abolish caste based
discrimination. 10% OBCs, next to SCs/STs also believed the same,
9.8% Brahmins too have similar views, 1.69% Vaishyas and 1.66%
Patels are also having the same views though their percentage is just the
minimal and negligible. All these SCs/STs, OBCs, Brahmins, Vaishyas
and Patels are from urban area and not a single person from any of the
above castes who favoured inter-caste marriages is from rural area for
the purpose of abolition of caste based disqualification. The average of
all above castes who favoured compulsory inter-caste marriage comes
to 7.44%. But the ground realities are greater as actually 9.26%
respondents have done inter-caste marriages in urban area and 6.81%
respondents have done inter-caste marriages in rural areas and urban
and rural areas combined percentage comes to 16.07%. It is just more
than the double of what they think and believe about compulsory inter-
caste marriage.
Though all respondents except Kshatriya liked compulsory inter-caste
marriage as an effective remedy for abolition of caste based
discrimination but the remedy is worse than disease as nobody can be
forced by law to enter into inter-caste marriage only. The liking, disliking,
suitability, education, complexion and host of other factors cannot thus
be sacrificed in any democratic country. All marriages have to be as per
the choice of the concerned boys and girls who want to enter into
matrimonial ties.
From above facts it seems that only two remedies respondents have
favoured for the solution of removal of caste based discrimination are-
(1) Persuasion (59.49% urban and 84.06% rural) and, (2) Use of law as
259
an instrument of social change (21.84% urban and 5.93% rural). Only
these two remedies can be efficaciously worked out and be put in
operation where the acceptability of the measure will be on high side.
The caste tendency becomes almost crystal clear in connection with
responses received from the respondents about benefit society gets by
the caste system.

Table No.4-21
Society does not get any benefit from caste system.

Sr.No. Castes Urban Rural

1 Kshatriya 68.35% 63.63%
2 Vaishya 62.71% 50%
3 SC/ST 52.63% 50%
4 Brahmin 47.05% 42.85%
5 Patel 40% 40%
6 OBC 33.75% 33.33%
Average % - 50.74% 46.63%

More than 50% urban population believes that society does not get
any benefit from the caste system. The Kshatriyas both from urban and
rural areas are at top who believe in this matter. There is only 4.11%
negligible difference between the belief of urban population and rural
population.
However, in different context and references, some of them still believe
caste system as beneficial to them on such social occasions which are as
under:-
260
 Table No.4-22
Benefit accrues to the society in crises and on social occasions:-
Sr.N0. Caste Urban Rural
1 OBC 32.5% 41.66%
2 Patel 30% 30%
3 Vaishya 28.81% NIL
4 SC/ST 23.68% 50%
5 Kshatriya 18.98% 18.18%
6 Brahmin 17.64% 42.85%
Average% - 25.26% 30.34%

25.26% respondents from urban and 30.34% from rural areas

respectively believe that society gets benefited in crises and on social
occasions from caste system. The highest numbers of believers in this
theory are OBCs and Patels. The SCs/STs too believe in this theory that
caste is beneficial in crises and on social occasions.
So the utility of caste system cannot be totally ignored or written-off.
Table No.4-23
Caste system is convenient in marriage of children.
Sr.N0. Caste Urban Rural
1 OBC 20.00% 33.33%
2 Patel 20.00% NIL
3 Brahmin 17.64% NIL
4 SC/ST 13.15% NIL
5 Kshatriya 07.59% NIL
6 Vaishya 03.38% NIL
Average% - 13.62% 5.55%
261
 13.62% respondents from urban area and 05.55% from rural areas,
from all castes believe that society get benefit from caste system in the
matrimonial matters of their children.
Thus the utility of caste system can not be ignored or thrown overboard.
We may also not venture into a hypothesis that those who marry in their
own caste may be rank casteists.
Table No.4-24
Caste system benefits in educational matters.
Sr.N0. Caste Urban Rural
1 OBC 20.00% NIL
2 Brahmin 17.64% 14.28%
3 SC/ST 13.15% NIL
4 Patel 10.00% 30%
5 Vaishya 5.08% 100%
6 Kshatriya 5.06% 18.18%
Average% - 11.82% 27.07%
Some castes provide free books, note books and other assistance to the
children of members of their own caste. Some arrange grand functions
to bestow honour on their bright students who might have fared exceedingly
well in various examinations and some castes have opened hostels and
educational institutions and study centres and coaching classes for their
children for competitive examinations and some provided vocational
training and guidance to the children of members of their caste and hence
very rightly the respondents 11.82% from urban area and 27.07% from
rural areas have opined that caste does extend benefit to them in matters
relating to education. Even SC/STs have also expressed similar view and
such belief of SCs/STs is higher than Patels, Vaishyas and Kshatriyas.
262
 The downtrodden people, SCs/STs who suffer a lot due to the caste
system also have positive opinion of caste in above matters. So it can be
safely concluded that caste system as such cannot be entirely labelled as
totally useless system even though it is harmful in many other aspects
which we will see in forthcomming pages. When people see its
usefulness in some matters, they will not easily discard it unless some
efficacious alternative remedies are readily available to them in lieu of
caste system. Whoever wants to abolish caste must also take into
consideration these relevant aspects.
Unless the caste system is evaluated in connection with national
interests and unity, people will not realise whether the caste system is
beneficial in strengthening the national unity or is it detrimental to it,
people will not be ready to abolish it or do away with it. If they believe
that people or country none has to face any injustice or denial of legitimate
rights due to the existence of caste, then they will not bother for any
change so far as caste system is concerned. The analysis of the question,
-Does caste system damage national unity- gives picture as under:-
Table No.4-25
Caste system and damage to national unity.
Sr.N0. Caste Urban Rural
1 SC/ST 73.68% 100%
2 Kshatriya 64.55% 63.63%
3 Vaishya 54.23% 50.00%
4 Patel 53.33% 80.00%
5 OBC 47.5% 66.66%
6 Brahmin 43.13% 74.42%
Average% - 56.07% 72.45%
263
 TABLE NO. 4-26
DOES CASTE SYSTEM DAMAGE NATIONAL UNITY ?

SR. CASTE & DAMAGES DOES NOT CASTE IS HINDRANCE ONLY CASTE STRENGTHENS TOTAL
NO. PERCENTAGE DAMAGE IN ACHIEVING NATIONAL NATIONAL UNITY RESPONDENTS
UNITY
U-R U-R U-R U-R U-R-T

1. BRAHMIN 22+5 9+1 11+0 9+1 51+7=58

% 43.13+74.42 17.64+14.28 51.56+00.00 17.64+14.28

2. KSHATRIYA 51+7 9+1 15+3 4+0 79+11=90

% 64.55+63.63 11.39+9.09 18.98+27.27 5.06+00.00

3. VAISHYA 32+1 19+0 3+0 5+1 59+2=61

264
% 54.23+50.00 32.20+00.00 5.08+00.00 8.47+50.00

4. OBC 38+8 15+4 16+0 11+0 80+12=92

% 47.5+66.66 18.75+33.33 20.00+00.00 13.75+00.00

5. PATEL 32+8 10+1 13+0 5+1 60+10=70

% 53.33+80.00 16.66+10.00 21.66+00.00 8.33+10.00

6. SC/ST 28+2 2+0 9+0 2+0 38+2=40

% 73.68+100.00 5.26+00.00 23.68+00.00 5.26+00.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Large number of respondents, 72.45% from rural areas and 56.07%
from urban areas believe that caste system is damaging national unity.
Surprisingly the percentage of Brahmins in urban area holding the said
belief is 43.13% which is the lowest among all the castes whereas the
percentage of Brahmins in rural area who hold such view is 74.42%.
This means that rural Brahmins are more conscious about negative impact
of national integration. If such is the belief of the people, Government
can easily think of bringing some legislation in this regard with
confidence that people will support such move in large number. Let us
also examine respondents’ responses about, whether caste is hindrance
in achieving national unity?
Table No.4-27
Caste is a hindrance in achieving national unity.
Sr.N0. Caste Urban Rural
1 Brahmin 51.56% 0.00%
2 SC/ST 23.68% 0.00%
3 Patel 21.66% NIL
4 OBC 20% NIL
5 Kshatriya 18.98% 27.27%
6 Vaishya 5.08% NIL
Average% - 24.49% 4.54%
With 51.56%, the Brahmins are at top in agreeing with the proposition
that caste is a hindrance in achieving national unity. This means that
previous table 43.13% + 51.56% percentage from above table comes
to 94.63% which means 94.63% Brahmins from urban area believe
that caste system not only is damaging national unity but it is a hindrance
in the path of achieving national unity.
265
 If we compare the percentage of both the tables, it can be easily inferred
that all castes and varnas in large number believe that caste system is
really against national unity and it causes lot of damage to it. If this is
the popular feeling, then the doomsday of caste cannot be predicted to
be far away.
80.54% people from urban areas agree that caste system is damaging
national unity and also it is a hindrance in achieving national unity
whereas same view is held by 76.99% people from rural areas. This
indicates high degree of social awakening about evil effects of caste
system. Yet there are also some respondents who have just the opposite
view point that the caste does not damage national unity. They are as
under:-
Table No.4-28
Caste does not damage national unity.
Sr.N0. Caste Urban Rural
1 Vaishya 32.20% NIL
2 OBC 18.75% 33.33%
3 Brahmin 17.64% 14.28%
4 Patel 16.16% 10.00%
5 Kshatriya 11.39% 9.09%
6 SC/ST 5.26% NIL
Average % - 16.9% 11.11%

16.9% people from urban areas and 11.11% people from rural areas
believe that caste system does not damage national unity.
Yet more resolute responses in favour of caste have come from
following respondents.
266
 Table No.4-29
Only caste system strengthens national unity.
Sr.N0. Caste Urban Rural
1 Brahmin 17.64% 14.28%
2 OBC 13.75% NIL
3 Vaishya 8.47% 50.00%
4 Patel 8.33% 10.00%
5 SC/ST 5.26% NIL
6 Kshatriya 5.06% NIL
Average% - 9.75% 12.38%
These respondents believe that it is only through the caste system that
national unity gets strengthened. The Brahmins, who created caste is on
the top of all other castes to echo their sentiments and opinion in favour
of the caste. 17.64% Brahmins from urban area and 14.28% Brahmins
from rural area felt that only caste system strengthens the national unity.
It is strange that even a marginal section of SCs/STs too have similar
view in favour of caste system but the overall percentage of respondents
having such opinion is 9.75% and 12.38% respectively from urban and
rural areas which can be considered very low percentage who believes
in the utility of caste system for strengthening the national unity. From
the data final picture of caste in all above aspects emerges as below:-

Table No.4-30
Sr.No. Urban Rural Belief of the people
1 16.9% 11.11% Does not damage national unity.
2 09.75% 11.91% Caste strengthens national unity.
Total 26.73% 23.02% -
267
 Table No.4-31
Sr.No. Urban Rural Belief of the people
1 56.07% 72.45% Damages national unity.
2 24.49% 04.54% Caste system is hindrance
in achieving national unity.
Total 80.56% 76.99% -

From above analysis of the datum, the picture absolutely becomes

clear that more than 80% urban respondents and more than 76% rural
respondents firmly believe that caste system is damaging national unity
and it is a hindrance for achieving national unity.
The percentage of respondents who opined that the caste system does
not damage national unity and further opined that caste system strengthens
national unity is very low and stand greatly outnumbered by persons
who believed and opined that the caste system is harmful to the national
unity.
The caste and untouchability are interlinked. Had there been no caste,
there would have been no untouchability. There is no caste in foreign
county hence there is no untouchability. The caste is, in a way mother of
untouchability. The mother and daughter, thus both grew stronger and
stronger in India and the same have entered into the minds, souls and
entire existence of Indians especially, the caste Hindu Indians. Some
like it, others dislike it, some condemns it, others praise it, some feel it
is absolutely unnecessary, others feel it quite necessary. Thus Indians
are divided on this issue. Now let us examine the proposition that it is
not possible to abolish untouchability due to caste system. The analysis
of the responses is as under:-
268
 TABLE NO. 4-32
ABOLITION OF UNTOUCHABLITY & CASTE SYSTEM.

SR. CASTE & UNTOUCHABLITY CASTE HAS NO UNTOUCHABILITY CASTE IS THE TOTAL
NO. PERCENTAGE CAN NOT BE ABOLISHED CONCERN WITH CAN BE REMOVED ROOT OF RESPONDETNS
BECAUSE OF CASTE UNTOUCHABLITY SPEEDILY IF CASTE IS UNTOUCHABILITY
REMOVED
U-R U-R U-R U-R U-R-T

1. BRAHMIN 18+2 8+1 8+1 17+3 51+7=58

% 32.29+28.57 18.68+14.28 15.68+14.28 33.33+42.85

2. KSHATRIYA 16+6 17+2 20+2 26+1 79+11=90

% 20.25+54.54 21.51+18.18 25.31+18.18 32.91+9.09

3. VAISHYA 19+0 16+0 4+1 20+1 59+2=61

269
% 32.20+00.00 27.11+00.00 6.77+50.00 33.89+50.00

4. OBC 21+4 19+5 17+0 23+3 80+12=92

% 26.25+33.33 23.75+41.66 21.25+00.00 28.75+25.00

5. PATEL 12+2 7+3 25+1 16+4 60+10=70

% 20.00+20.00 11.66+30.00 41.66+10.00 26.66+40.00

6. SC/ST 12+1 3+0 10+0 20+1 38+2=40

% 31.57+50.00 7.89+00.00 26.31+00.00 52.63+50.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table No.4-33
Untouchability cannot be abolished because of caste.

Sr.N0. Caste Urban Rural

1 Brahmin 32.29% 28.57%
2 Vaishya 32.20% NIL
3 SC/ST 31.57% 50.00%
4 OBC 26.25% 33.33%
5 Kshatriya 20.25% 54.54%
6 Patel 20.00% 20.00%
Average% - 27.09% 31.07%

Table No.4-34
Untouchability can be removed speedily if caste is removed.

Sr.N0. Caste Urban Rural

1 Patel 41.66% 10.00%
2 SC/ST 26.31% NIL
3 Kshatriya 25.31% 18.18%
4 OBC 21.25% NIL
5 Brahmin 15.68% 14.28%
6 Vaishya 06.77% 50.00%
Average% - 22.16% 15.41%

270
 Table No.4-35
Caste is the root of untouchability.
Sr.N0. Caste Urban Rural
1 SC/ST 52.63% 50.00%
2 Vaishya 33.89% 50.00%
3 Brahmin 33.33% 42.85%
4 Kshatriya 32.91% 09.09%
5 OBC 28.75% 25.00%
6 Patel 26.66% 40.00%
Average% - 34.69% 36.15%

Table No.4-36
Caste has no concern with untouchability.
Sr.N0. Caste Urban Rural
1 Vaishya 27.11% NIL
2 OBC 23.75% 41.66%
3 Kshatriya 21.51% 18.18%
4 Brahmin 18.68% 14.28%
5 Patel 11.66% 30.00%
6 SC/ST 03.89% NIL
Average% 17.76% 17.35%
Responses were solicited on a very significant and important social
issue of both abolition of untouchability and abolition of caste on which
the politicians, academicians, sociologists, legal experts and constitution
framers had focused their attention and engaged their best of attention
both in the 19th Century and 20th Century. Every book on Sociology in
India would be incomplete without covering the caste and the
271
untouchability. Now let us analyse the data collected as above on these
two social issues and come to conclusion what people at grassroot level
think about it, believe about it and contemplate about it.
As it is very well known fact that untouchability came to be practised
in India around 400 AD and caste was the precursor of untouchability.
Untouchability is an offshoot of Caste.
Dr. Ambedkar opined that Pushymitra Shung, a Brahmin King who
established Brahmin rule after killing5 last Mauryan King Bruhadrath,
killed many Buddhists and attacked many Vihars and reduced the position
of survival Buddhists who were later treated as untouchables. He also
contended that untouchability is the offshoot of caste. Dr. Ambedkar
concluded that date of origin of untouchability is 400 AD and it is
developed in 600 AD. Most of the Scholars have agreed on this that the
untouchability emerged in 400 AD during Gupta period. The caste is
the mother of untouchabliity and both are closely interlinked and hence
respondents’ opinion were sought about abolishion of untouchability
which is as under:-

Table No.4-37
Sr.No. Urban Rural
1 27.09% 31.07% Untouchability cannot be abolished
because of caste.
2 22.16% 15.41% Untouchability can be removed
speedily if caste is removed.
3 34.69% 36.15% Caste is the root of untouchability.
Total% 83.94% 82.63% -

272
 TABLE NO. 4-38
ABUSING DALITS : AN OFENCE ?

SR. CASTE & YES NO DON’T KNOW CAN’T SAY TOTAL

NO. PERCENTAGE ANY THING RESPONDENTS
U-R U-R U-R U-R U-R-T

1. BRAHMIN 45+6 2+0 - 4+1 51+7=58

% 88.23+85.71 3.92+00.00 - 7.84+14.28

2. KSHATRIYA 72+11 5+0 1+0 1+0 79+11=90

% 91.13+100.00 6.32+00 1.26+00.00 1.26+00.00

3. VAISHYA 45+2 4+0 9+0 1+0 59+2=61

% 76.27+100.00 6.77+00.00 15.25+00.00 1.69+00.00

273
4. OBC 64+10 4+1 8+1 4+0 80+12=92
% 80.00+83.33 5.00+8.33 10.00+8.33 5.00+00.00

5. PATEL 44+9 4+1 9+0 3+0 60+10=70

% 73.33+90.00 6.66+10.00 15.00+00.00 5.00+00.00

6. SC/ST 37+2 - - 1+0 38+2=40

% 97.36+100.00 - - 2.63+00.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 83.94% respondents from urban area believe that caste is responsible
for untouchability and if caste is abolished, untouchability will also go
but without removal of caste removal of untouchability is not possible.
Similarly 82.63% respondents from rural areas hold the same views in
the matter. Thus a favourable social environment seems to have emerged
in favour of removal of caste. Just only 17.76% from urban and 17.35%
from rural areas respondents believe that caste has no concern with
untouchability. Perhaps they have not understood caste and its offshoot
untouchability in proper perspective.
Anyhow, the social awakening of the respondents is very high as per
analysis of their responses regarding use of words offensive and insulting
the caste of the Dalits and their views whether the same is an offence.

Table No.4-39
Use of offensive words for Dalits is an offence.
Sr.N0. Caste Urban Rural
1 SC/ST 97.36% 100%
2 Kshatriya 91.13% 100%
3 Brahmin 88.23% 85.71%
4 OBC 80.00% 83.33%
5 Vaishya 76.27% 100%
6 Patel 73.33% 90.00%
Average% - 84.38% 93.17%
84.38% respondents from urban area and even substantially more
than that i.e. 93.17% respondents from rural area respectively believe

274
that it is an offence to use caste insulting abusive words for Dalits. It
seems this is very high rate of social awakening on social law for the
protection of SCs/STs which is called “The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989.” Perhaps on no
other social legislation such a high level of awakening / consciousness
might be there on the part of the people.
Still a microscopic minority also holds other views in this regard.

Table No.4-40
No offence in using caste insulting offensive words for Dalits.

Sr.N0. Caste Urban Rural

1 Vaishya 6.77% NIL
2 Patel 6.66% 10.00%
3 Kshatriya 6.32% NIL
4 OBC 5.00% 8.33%
5 Brahmin 3.92% NIL
6 SC/ST NIL NIL
Average% PC - 4.77% 3.05%

The above analysis indicates that respondents from rural areas are
more vigilant, alert and conscious about the law as only 3.05% felt and
believed their using casteist insulting words for Dalits is “No Offence”,
whereas 4.77% from urban area believed the same. In fact this is
indicative of their ignorance about law. They are wrong in holding such

275
a view point. It is an offence under “The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989” and also under
Protection of Civil Rights Act, 1955.

Table No.4-41
Ignorance of law noticed in the following percentage of respondents
where they have expressly stated their ignorance as under:-

Sr.N0. Caste Urban Rural

1 Vaishya 15.25% NIL
2 Patel 15.00% NIL
3 OBC 10.00% 8.33%
4 Kshatriya 1.26% NIL
5 Brahmin NIL NIL
6 SC/ST NIL NIL
Average% - 6.91% 1.38%

Surprisingly such ignorance is less or even zero percent in most of

the castes so far as respondents from rural areas are concerned. Only
1.38% respondents from rural areas don’t know whether use of Caste
insulting words is an offence or not whereas 6.91% respondents from
urban area i.e. more than five times respondents from rural area are
ignorant about the legal provisions in this regard. This again proves the
point that rural people are more knowledgeable as compared to their
urban counterparts.

276
 The fourth category of respondents could not say either “yes” or “no”
or “don’t know” but they said they “can’t say anything”. Their percentage
and analysis of their responses is an under:-

Table No.4-42
Can’t say anything.
Sr.N0. Caste Urban Rural
1 Brahmin 7.84% 14.28%
2 OBC 5.00% NIL
3 Patel 5.00% NIL
4 SC/ST 2.63% NIL
5 Vaishya 1.69% NIL
6 Kshatriya 1.26% NIL
Average% - 3.90% 2.33%

The percentage of respondents who are unable to say anything about

caste insulting words in urban areas is 3.90% and rural areas it is 2.33%
respectively which is very negligible percentage.
Then clear views of the respondents were solicited about complete
abolition of caste and varna system and further solicited their valuable
opinion whether social and national unity will be strengthened by doing
so.
The analysis of their responses is as under:-

277
 Table No.4-43
Yes, Social and national unity will be strengthened in society by
completely abolishing caste and varna system.

Sr.N0. Caste Urban Rural

1 SC/ST 100% 100%

2 Kshatriya 84.81% 81.81%

3 Patel 71.66% 50.00%

4 Brahmin 66.66% 71.42%

5 Vaishya 66.10% 50.00%

6 OBC 62.5% 75.00%

Average% - 72.28% 71.37%

A wonderfully very high percentage of respondents equally both from

urban and rural areas believe that complete abolition of caste and varna

system will strengthen social and national unity in society. 72.28%

respondents from urban area and 71.37% respondents from rural area

have respectively opined in favour of abolition of caste and varna system

believing firmly that such a step would certainly strengthen social and

national unity and if it so happens India will emerge as a most strong

nation.
278
 TABLE NO. 4-44
VIEWS ON STRENGTHENING OF SOCIAL AND NATIONAL
UNITY BY COMPLETE ABOLISHTION OF CASTE & VARNA SYSTEM

SR. CASTE & YES NO COMPLETE ABOLITION OTHER TOTAL

NO. PERCENTAGE OF CASTE & VARNA SYSTEM WILL OPINION RESPONDENTS
CREATE DISORDER IN SOCITY.
U-R U-R U-R U-R U-R-T

1. BRAHMIN 34+5 9+1 4+1 4+0 51+7=58

% 66.66+71.42 17.64+14.28 7.84+14.28 7.84+00.00

2. KSHATRIYA 67+9 8+2 4+0 - 79+11=90

% 84.81+81.81 10.12+18.18 5.06+00.00 -

279
3. VAISHYA 39+1 19+1 1+0 - 59+2=61
% 66.10+50.00 32.20+50.00 1.69+00.00 -

4. OBC 50+9 16+3 9+0 5+0 80+12=92

% 62.5+75.00 20.00+25.00 11.25+00.00 6.25+00.00

5. PATEL 43+5 11+5 1+0 5+0 60+10=70

% 71.66+50.00 18.33+50.00 1.66+00.00 8.33+00.00

6. SC/ST 38+2 - - - 38+2=40

% 100.00+100.00 - - -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table No.4-45
No. Social and national unity will not be strengthened in society by
completely abolishing caste and varna system.
Sr.N0. Caste Urban Rural
1 Vaishya 32.20% 50.00%
2 OBC 20.00% 25.00%
3 Patel 18.33% 50.00%
4 Brahmin 17.64% 14.28%
5 Kshatriya 10.12% 18.18%
6 SC/ST NIL NIL
Average% - 16.38% 26.24%
16.38% urban respondents and 26.24% rural respondetns respectively
believe that complete abolition of caste and varna system will not lead
to the strengthening of the social and national unity in the society. They
are all Caste Hindus. There are very few others who believe that complete
abolition of caste and varna system will create disorder in the society.
Analysis of their caste-wise responses is as under:-
Table No.4-46
Complete abolition of caste and varna system will create disorder in society.
Sr.N0. Caste Urban Rural
1 OBC 11.25% NIL
2 Brahmin 7.84% 14.28%
3 Kshatriya 5.06% NIL
4 Vaishya 1.69% NIL
5 Patel 1.66% NIL
6 SC/ST NIL NIL
Average% - 4.58% 2.33%
280
 4.58% respondents from urban area and 2.33% respondents from rural
area respectively have opined that complete abolition of caste and varna
system will create disorder in the society.
Such people as can be seen from above analysis, is in microscopic
minority not even crossing digital figure and they are all Caste Hindus.
The world over, there is neither caste nor varna and yet no disorder
seems to have been created anywhere only because of the absence of
caste and varna. On the contrary more stable, just and reasonable social
order will emerge which will make society and nation stronger than
what they are today with all ills, injustice and atrocities prevailing in the
Indian society due to caste and varna system.
There are some who have given other opinions other than three
mentioned above but in fact they have only ticked in the column of
“other opinion” but not really given any opinion. Such people are as
under:-

Table No.4-47
Other pinion regarding complete abolition of caste and varna system..
Sr.N0. Caste Urban Rural
1 Patel 8.33% NIL
2 Brahmin 7.84% NIL
3 OBC 6.25% NIL
4 Kshatriya NIL NIL
5 Vaishya NIL NIL
6 SC/ST NIL NIL
Average % - 3.73% NIL

281
 From foregoing analysis of data it appears that almost all sections of
society i.e. majority from all sections of society has acquired considerable
social consciousness and all of them desire social change in the structure
of society which is mainly based on varna and caste and which is more
harmful and less beneficial. The majority of people is seen with
progressive mindset, who, in the interest of social and national unity
wishes to bid even good bye to the age-old social system of caste and
varna. Majority of people believes that the caste and varna system damage
national unity. More interesting and surprising facts have come to light
are the growing legal, social and national consciousness of rural people
who, in many matters, mentioned in this Chapter, are more advanced in
their thinking and perspective than their counterparts in urban areas. In
fact our planners and leaders, Parliamentarians and Legislators should
understand such positive and higher social consciousness of our people
and determine to go ahead for such radical changes in the caste and
varna structure of our society as there will be cooperation from the
people in this regard and not social reprisal as they might have timidly
contemplated in absence of such empirical social study.
Theory of Sanskritization not applicable to Brahmins, Kshatriyas
and SCs/STs but only applicable to the OBCs and Patels :-
The theory of Sanskritization is not applicable to Brahmins and
Kshatriyas both as both of them have not tried to show themselves
belonging to any other varna other than their own varna. The facts
revealed in this study about Kshatriyas are this that they consider
themselves as second to none.
The effect of Sanskritization is seen from Vaishyas and down as some
of them have shown themselves as Brahmins and Kshatriyas.
282
 The social situation of OBCs is seen as quite messy as a mad rush to
pass themselves off as Kshatriyas is greater than other castes and varnas.
The OBCs are completely gripped by the theory of Sanskritization as if
they have developed a type of nausea for their own original roots as
Shudras as some of them have considered and shown themselves as
Brahmins and many others as “Kshatriyas,” and many of them have also
shown themselves as “Vaishyas” and a minimum few have shown
themselves as“Shudras” the varna where they legitimately belong to.
They have also shown themselves as “Atishudra” which they are not.
Can we call it a “Theory of De-Sanskritization”? Yet some of them
have even left the column blank. The analysis proves that there is real
crisis of identity and crisis of credentials too in the OBCs.
The case of Patels, is no different. They too are seen claiming higher
caste / varna status than their own original one and they too face real
crisis of identity as OBCs are facing. The lower social status of
economically powerful Patels is really agitating their minds and therefore
they desperately search their origins elsewhere and try to connect their
caste, by hook or crook, with higher castes / varnas of Brahmin, Kshatriya
and Vaishyas. The nausea of low caste status has almost sent Patels into
unbearable social bewilderment. The theory of Sanskritization is in full
play in the cases of OBCs and Patels. Many times their claims apparently
look ridiculous too. Almost every Patel is shaken with his low origins
of Shudra and especially so after independence when the Patels have
made tremendous progress almost in all fields. There is in fact no remedy
for Patels’ social bewilderment as caste cannot be changed from birth to
death and even after death too.

283
 An exception of applicability of the theory of Sanskritization is the
case of the SCs/STs. Except one fellow, who has claimed to belong to
“Kshatriya” none else claimed any higher caste allegiance or status as
has been done by the Vaishyas, Patels and OBCs. It seems, the SCs/STs
have defeated the theory of Sanskritization. They have shown themselves
as what they really are.
The “divine” status of the varna and caste has been given a good bye.
Majority of respondents from all castes / varnas have condemned the
idea of high and low created by the institution of varna and caste. Majority
of respondents also opined that it should go. Majority of respondents
also wants abolition of varnas and castes. Majority of respondents
believes that the caste hierarchy should be abolished by persuasion and
second majority of respondents wants it to be done by using law as an
instrument of social change.
Majority of respondents believes that the society gets no benefit out
of caste system. Majority of respondents believes that caste system
damages national unity. Majority of respondents links untouchability
with caste. A vast majority of respondents possesses the awareness that
insulting, abusive and offensive words for the castes of Dalits is an
offence. Such awareness is more in rural people than in urban people.
In fact, the findings based on empirical study under reference have
brought to light such facts about which different opinions, assumptions
and beliefs are prevalent in society and in so many books on Sociology.

284
------------------------------------------------------------------------------------
References :-
1. Ghurye G.S., Caste, Class and Occupation, Popular Book Depot,
Bombay-7, 1961, p.14.
2. Ibid, p. 1-27
3. Maharshi Dayanand Saraswati, Rigved, Hindi Bhashya, Saarvdeshik
AryaPratinidhi Sabha, Maharshi Dayanand Bhavan, Ramlila Maidan,
New Delhi-2, 1976, p.899.
4. Swami Sachichidananad, Adhogatinun - Mool Varnavyavastha (Caste
system: The Root of all Evils) Samanvyaya Prakashan, Navrangpura,
Ahmedabad, 1987, p.225.
5. Ambedkar, Dr. Baba Saheb, Writings and Speeches, Vol.7, Education
Department, Government of Maharashtra, Bombay-400032,
Bombay,1990, p.373.

285
 Chapter-5
Laws and the Untouchability
Introduction:-
In a most simple explanation, from “Varna” came “Caste”
and from “Caste” came “Untouchability.” Yet another simpler
explanation of origin of varna, caste and untouchability is this that the
Varna system belongs to the Hindu religion which is as old as Vedic
period especially the Rigvedic period wherein, in Rigveda1 Purushsukta,
in its tenth Mandal, Hymn 90, Verse 12, an account is given of creation
of the four varnas from the body of the God, which is described as
under:-
Ïæíæræ‡ææï ¥S² }æ鶢 ¥æ稄 Ïææãé: Úæ…‹²: ÜU„ë : J
©L„Îì ¥S²²Îì ±ñಠÐÎì|²æ}æì àæêÎæí ï ¥…沄: JJ
The Brahmins are born from the mouth, the Kshatriyas from
the hands, the Vaishyas from the thighs and the Shudras are born from
the feet of the God. “Manu says that later castes were born through inter
marriages. Manu says that they are the progeny of fornication and adultery
between men and women of the four original Varnas.” Manu lived
about 200 AD.
As can be seen from above verse, parts of the body of God
are in a vertical hierarchy and are said to be the centres for creation of
Chaturvarna system. The mouth position is the highest compared with
feet. So ipso facto a generalisation was drawn and propagated by the
Brahmins that they are the top among the four Varnas. Below mouth,
comes the hands and as per sequence, the Kshatriyas got No.2 status in
the Varnic hierarchy. Counting from mouth the position of thighs comes
third and hence No.3rd status was ascribed to the Vaishyas who were
286
supposed to have been created by God from His thighs. In between and
above, other vital parts of body like heart, stomach and groin are located
but the Almighty God chose not to produce anyone from these essential
organs and chose thighs instead for the production of Vaishyas and feet
for the creation of the Shudras. Be that what it is, the third position was
ascribed to the Vaishyas in the social and theological hierarchy. The
foot soles are the last organs of the human or divine body, as the case
may be. The entire edifice of the body, in fact, rests on feet alone. The
God produced the Shudras from His feet or from the soles of His feet.
The position of these parts i.e. Soles are at the bottom of human body.
Accordingly, the Shudras were given number fourth in the Varna and
subsequently in the caste hierarchy and system of stratified society who
in later ages came to be further degraded as untouchables. We have seen
social laws prescribing different and discriminatory provisions and
practices under Hindu Laws which were quite biased and prejudiced
against the Shudras and other low castes.
The following laws were passed by the Government of the
day with a view to changing the prevailing system wherever it was noticed
that some social ills were threatening a decent existence of human beings.
Through such laws i.e. social legislations, an attempt was made by the
rulers of the day to cure the unjust system in vogue. The Indian social
order was not just, fair and reasonable. It was heavily biased against the
downtrodden people. There was no equality in the Indian Laws prior to
the advent of the British in India. The social and religious laws were at
times most cruel especially to the low castes people and hence need
arose to formulate modern laws giving equality before the law and equal

287
protection of the laws to all people on an unifofrm pattern doing away
all caste, creed and religion based discrimination.
1-The Indian Penal Code, 1860 (Act No.45 of 1860)
The Criminal law touches more people than the civil law.
The Civil Law is mostly related to rights regarding property whereas the
Criminal Law’s applicability is with respects to so many aspects of human
life.
Before Britishers came to India and consolidated their rule
and established law courts, judiciary and enacted laws, whatever type of
judicial system was there in vogue in India, it was Hindu law system,
and justice used to be dispensed with as per Manu Smruti and other
codified Smruties where justice was not done on merits and punishment
was not handed down on the basis of equality but for the same offence
persons belonging to different varnas and castes used to be treated
differently and punished differently and corporal punishment used to be
awarded on the basis of caste and varna wherein Brahmins were totally
exempted from any corporal punishment. This has been covered in first
Chapter and hence details are not given here to avoid repetition. It was
for the first time in 1860, when the Indian Penal Code was enacted, all
Indians irrespective of their caste, creed, religion, sex, place of birth or
any of them, were treated on par with one another and on the basis of
equality. All were treated equally before law and law i.e. Indian Penal
Code was equal for all. All the difference and distinction of high and
low in the matters of law, religion, caste, creed, sex, place of birth or any
of them was wiped out totally with one stroke of single significant and
epoch making law i.e. “The Indian Penal Code” drafted by Lord Macaulay
after studying about all communities’ laws, customs, tradition, usages
288
etc. In its Section-8 in the Indian Penal Code (I.P.C. in short) the
definition of “he” is wonderfully given which says that “The person
“he” and its derivatives are used of any person, whether male or female
“that means every “he” contains “she” and every “she” (s-he) contains
“he.” Gender discrimination based on sex is thus totally abolished by
law and established gender equality.
All Indian religion based Criminal laws stand replaced by
the Indian Penal Code, 1860. Now no superior Dwija Varna person can
claim any preferential treatment for commission of any crime and for
that matter no Indian can now do it which they used to do prior to
enactment of the Indian Penal Code. All religious discrimination
perpetuated in the name of God and Scriptures by the Brahmins and
enjoyed religious privileges and immunity as well as impunity from
crimes had been wiped out totally and they and other Caste Hindus
belonging to all caste-based so called high strata of society were totally
neutralised by this unique and unifying law. Though this law is basically
a criminal law but it served as social law and religious law also as it
firmly denied any privileges or priority to certain so called high castes in
India. All Brahminical theories contained in Manu Smruti and other
Smruties and Purnas dictating the regulation of Hindu way of life like
“Theory of Divine Displeasure” and the “Theory of Spiritual Censure”
were totally wiped out by the new law based on equality and freedom
from superstitions, the superstitions which used to create havoc in the
lives of millions of Indians. All sections of the law say “Whoever
commits the offence ……. shall be punished with imprisonment of either
description for a term which may extend to …… year(s) or with fine or
with both.”
289
 Nowhere the law in question says that if Brahmin commits
offence the punishment will be less and if the same offence is committed
by “Shudra” the punishment will be severe as was the legal situation
prior to the enactment of this penal law by the Britishers. Such equality
and equal treatment was never seen or experienced by the Indians
throughout all ages prior to enforcement of this penal law. This Act
extends to the whole of India except the State of Jammu and Kashmir
which has its own penal law called “The Ranveer Law”.
2. Indian Evidence Act, 1872 (Act No.1 o1872)
After Indian Penal Code, 1860, the Britishers enacted “The Indian
Evidence Act, 1872”. This Act extends to the whole of India except the
State of Jammu and Kashmir. Here also evidence of all Indians is treated
on the basis of equality and no one’s evidence or testimony is given
weightage over the others because of his high caste or varna. So the
stratified inequality is thoroughly grounded and neutralized totally by
such legislation which in our view certainly carries social message of
equality in judicial system of India.
3. The Code of Criminal Procedure, 1898 (Act NO.V of 1898).
This Act was enacted by the Britishers for regulating arrest,
prosecution, trial, punishment etc. as per the commission of offences
listed in the Indian Penal Code and other Laws in force for the time
being. This procedural law also does not bestow on any one special
privilege or treatment taking into consideration his high varna or caste.
Thus with the enactment of above trio, all mess from the
social, religious and legal arena of India was completely cleared by the
Britishers. These three laws were and are the bedrock of an egalitarian

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society with the enfacement of all inequality perpetuated by the vested
interests in all fields of Indian life.
Nobody can properly understand, appreciate and evaluate the
above three pivotal legislations unless he just have even a cursory look
at following ten points summarised by Dr. Ambedkar, after tracing from
various Smruties and Dharma Sutras which contain various inhuman
disabilities imposed on the untouchables and the Shudras as under:-
(1) The Shudra had to take the last place in the social order.
(2) That the Shudra was impure and therefore no sacred act should be
done within his sight and within his hearing.
(3) That the Shudra is not to be respected in the same way as other classes.
(4) That the life of a Shudra is of no value and anybody may kill him
without having to pay compensation and if at all, of small value as
compared with that of the Brahmin, Kshatriya and Vaishya.
(5) That the Shudra must not acquire knowledge and it is a sin and a
crime to give him education.
(6) That the Shudra must not acquire property. A Brahmin can take his
property at his pleasure.
(7) That the Shudra cannot hold office under the state.
(8) That the duty and salvation of the Shudra lies in his serving the higher
classes.
(9) That the higher castes must not inter-marry with the Shudra. They
can however keep a Shudra woman as a concubine. But if the Shudra
touches a woman of the higher class he will be liable to dire
punishment.
(10) That the Shudra is born in servility and must be kept in servility
forever.
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 Any scholar or even a layman, after going through above
social disabilities imposed by Hindu scriptures on Shudras and
untouchables and enforced by the Kings and Kingdoms of the day, will
at once realise the epoch making three enactments brought forth by the
Britishers in India and freeing India’s helpless Shudras and untouchables
from the shackles of slavery, injustice, degradation and dishonour meted
out to them by the social, religious and legal system of those days. The
chains and clutches of unjust and cruel caste and varna system were thus
broken which really modernised the mind-set of the countrymen.
The caste disabilities mentioned above led to the commission
of atrocities as the disabilities themselves advocate atrocities to snub
and subjugate the Shudras and the untouchables. In such situation/
condition the Governments were forced to implement such new
legislation as mentioned below:-
The 1932 to 1936 is the period when number of temple
entry and anti-disabilities Bill were introduced in the Central Legislative
Assembly (now Parliament) and in the Madras and Bombay Legislatures.
4. The Madras Removal of Civil Disabilities Act, 1938
(Act NO.XXI of 1938)
This act was the first comprehensive Act passed by the Madras
Legislature to remove social disabilities making it an offence to
discriminate against the untouchables. This was not only applicable to
state funded facilities like roads, wells and transportation but also
applicable to “any other secular institution” to which the general public
was admitted including restaurants, hotels, shops etc. This Act also
barred judicial enforcement of any customary right or disability based
on membership in such group. Violation was made a cognizable offence,
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with a small fine for the first offence, larger fines and upto six months
imprisonment for subsequent offence.
In most of the Indian Provinces, later called States, Acts
removing Civil Disabilities of untouchables were passed.2 With some
variation in details, these Acts were generally formulated on the basis of
general lines of the Madras Removal of Civil Disabiities Act, 1938. The
untouchables were variously described as “Harijans, Scheduled Castes,
Excluded Classes, Backward Classes or Depressed Classes”. In most of
these legislations, offences were made cognizable and judicial enforcement
of customs upholding such disabilities was barred.” Orissa and UP Acts
were only Acts under which offences were non-cognisable (NC).
5. The Bihar Harijan (Removal of Civil Disabilities) Act, 1948
(Bihar Act XIX of 1949).
6. The Bombay Harijan (Removal of Social Disabilities) Act, 1946
(Bombay Act X of 1947).
7. The Bombay Harijan Temple Entry Act, 1947 (Bombay Act
XXXV of 1947)
8. The Central Provinces and Berar Scheduled Castes (Removal
of Civil Disabilities) Act, 1949 (Central Provinces and Berar
Act XXIV of 1947).
9. The Central Provinces and Berar Temple Entry Authorisation
Act, 1947 (Central Provinces and Berar Act XLI of 1947).
10. The East Punjab (Removal of Religious and Social Disabilities)
Act, 1948 (East Punjab Act XVI of 1948).
11. The Madras Removal of Civil Disabilities Act, 1938 (Madras Act XXI
of 1938).

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12. The Orissa Removal of Civil Disabilities Act, 1946 (Orissa Act XI
of 1948).
13. The United Provinces Removal of Social Disabilities Act, 1947 (UP
Act XIV of 1947).
14. The West Bengal Hindu Social Disabilities Removal Act, 1948 (West
Bengal Act XXXVII of 1948).
15. The Hyderabad Harijan Temple Entry Regulation 1358F (No.LV of
1358 Fasli)
16. The Hyderabad Harijan (Removal of Social Disabilities) Regulation
1358 F (No.LVI of 1358 Fasli).
17. Madhya Bharat Harijan Ayogta Nivaran Vidhan, Samvat 2005
(Madhya Bharat Act No.15 of 1949).
18. The Removal of Civil Disabilities Act, 1943 (Mysore Act XLII of
1943).
19. The Mysore Temple Entry Authorization Act 1948 (Mysore Act XIV
of 1948).
20. The Saursahtra Harijan (Removal of Social Disabilities) Ordinance,
1948 (No. XL of 1948).
21. The Tranvancore-Cochin Removal of Social Disabilities Act, 1125K
(Travancore-Cochin Act, VIII of 1125).
22. The Travancore-Cochin Temple Entry (Removal of Disabilities) Act,
1950 (Travancore-Cochin Act XXVII of 1950).
23. The Coorg Scheduled Castes (Removal of Civil Disabilities) Act, 1949
(Coorg Act I of 1949).
24. The Coorg Temple Entry Authorisation Act, 1949 (Coorg Act, II of
1949).

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 Since the provision of all the Acts are related to known
disabilities, details of the individual acts are not furnished here due to
paucity of space. Some of above Acts conferred rights explicitly on
untouchables, for example UP Removal of Social and Religious
Disabilities Act (XIV of 1947 but others were more broadly worded to
confer rights on non-touchable groups as well i.e. Travancore-Cochin
Removal of Social Disabilities Act (VIII of 1125, 1950) outlawed
discriminations of any person on grounds of belonging to a particular
caste or religion.
The Orissa and UP Acts were the only ones in which offences
are non-cognizable (NC).
25. The Madras Temple Entry Authorisation Act, 1947 (V of 1947)
and amending Act of 1949 (XIII of 1949).
26. The Constitution of India, 1949.
The Constitution of India was mainly drafted by Dr. B. R.
Ambedkar who was the Chairman of the Drafting Committee on the
Constitution of India. Age-old, super tuned blind belief and superstition
gold plated by high sounding religious connotations deployed to deceit
the people of India, especially the untouchables and the Shudras were
deployed by the perpetrators of the varna system and caste system and all
this was done in the name of God and religion as the creation of the
inglorious system was craftily and clearly put in the mouth of the Almighty
God and thus was made unchangeable and unchallengeable was changed
by the Constitution of India under the leadership of a person born in the
so called lowest strata of the society condemned to live and die in servility,
he freed the millions of people in India. The early religious system was
so devised that it brought disgrace and indignity not only to the
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untouchables and the Shudras but to the women and finally to the nation
also. All inequalities and all bondage placed religiously and enforced
through the medium of varna and caste were done away with the adoption
of the Indian Constitution by Indian people on 26th day of November
1949 and covered the mandate of the people of independent India in its
first page in the form of its Preamble which is as under:-
“WE, THE PEOPLE OF INDIA, having solemnly resolved
to constitute India into a SOVERIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote
among them all
FRATERNITY assuring the dignity of the individual and the
unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-Sixth
day of November, 1949, do HEREBY ADOPT, ENACT and GIVE TO
OURSELVES THIS CONSTIUTION.”
It can be seen that top most priority is accorded to Social
justice in the Preamble of the Constitution. Indians are equalised in
status and opportunity throwing away the higher status merely based on
varna and caste. The dignity of individual is given priority over unity of
the nation, faithfully believing that if dignity of the individual is protected
and fraternity is fostered, the national unity will ipso facto be forged.
Thus fraternity and dignity will be the mother of national unity. National
Unity is not possible and cannot be thought of in absence of fraternity
and dignity of the individual. Wonderful concept indeed!!
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 Article 17.- Abolition of Untouchability – “Untouchability”
is abolished and its practice in any form is forbidden. The enforcement
of any disability arising out of “Untouchability” shall be an offence
punishable in accordance with law.
The untouchability was in fact curse to the millions of Indians
who suffered due to its practice is thus completely abolished by the
Constitution. Similarly discriminatory titles too were abolished by the
Constitution as under:-
Article 18.- Abolition of titles. – (1) No title not being a
military or academic distinction, shall be conferred by the State.
Thus the Constitution of India put an end to the tyranny of
the so called Caste Hindus and all those people who style themselves as
landlords and Zamindars who used to block even the rudimentary
facilities required for human beings called untouchables and Shudras in
India.
All the caste based differentiation and other related
disabilities including untouchability are constitutionally done away with
and equality in all spheres of public life is ensured to all citizens of India
as promised in the Preamble of the Constitution. Part III and IV of the
Constitution embody two fold means to achieve the goals laid down in
the Preamble. The Fundamental Rights embodied in Part III guarantee
certain individual freedoms whereas the Directive3 Principles of State
Policy laid down in Part IV postulates important non-justifiable positive
directives and commands for the State to implement the same. Article-
37 of the Constitution expressly states: “The provision contained in this
part shall not be enforceable by any Court, but the principles therein laid
down are nevertheless fundamental in the governance of the country
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and it shall be the duty of the state to apply these principles in making
laws.”
It is worth knowing these Directive Principles of State Policy,
Part- IV of the Constitution of India from Article 36 to 51. They
are mainly as under:-
1. State to secure social order for the promotion of the welfare of
the people (Article-38).
2. Principles of state policy to be followed by the State (Article-39).
3. Equal justice and free legal aid (Article-39A).
4. Organisation of village Panchayats (Article-40).
5. Right to work, to education and to public assistance in certain
cases (Article-41).
6. Provision for just and humane conditions of work and maternity
relief (Article-42).
7. Living wages, etc. for workers (Article-43).
8. Participation of workers in management of industries (Article-
43A).
9. Uniform Civil Code for the citizens (Article-44).
10. Provision for free and compulsory education for children (Article-
45).
11. Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections. (Article-46).
12. Duty of the state to raise the level of nutrition and the standard of
living and to improve public health (Article-47).
13. Organisation of agriculture and animal husbandry (Article-48).
14. Protection and improvement of environment and safeguarding of
forests and wild life (Article-48A).
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 15. Protection of monuments and places and objects of national
importance (Article-49).
16. Separation of judiciary from executive (Article-50).
17. Promotion of international peace and security (Article-51).
The State has to keep all above principles in mind while
enacting any law or formulating any scheme on above matters. So far as
this study is concerned, out of above Directive Principles of State Policy
Article-46 is more relevant for the promotion of educational and
economic interests of Scheduled Castes, Scheduled Tribes and other
weaker sections -
“The State shall promote with special care the educational
and economic interests of the weaker sections of the people, and in
particular of the Scheduled Castes and the Scheduled Tribes, and shall
protect them from social injustice and all forms of exploitation.”
The promises made in the Preamble of equality, fraternity,
status, opportunity etc. have been constitutionally concretised and clothed
with flesh and blood by various provisions contained in Article 14 to
19, 21, 23, 35 and 29 read with Article 37 to 39A, 41 to 45 and 46. All
varnic and casteist systems have been ceremoniously cremated / buried
by these provisions and India is made an egalitarian and modern nation
freeing itself from age-old tyranny, clutches and oppressive varna and
caste system. This all has become possible by using law as an instrument
of social change.
In independent India, Constitution is the mother of all
legislations including social legislations. Now let us see what types of
legislations have been enacted by independent India so far as problems
of untouchability and disabilities related therewith are concerned.
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27. The Untouchability (Offences) Act, 1955
The Constitution vide Article 17 declared that “Untouchability”
is abolished and its practice in any form is forbidden. The enforcement
of any disability arising out of “Untouchability” shall be an offence
punishable in accordance with law”. This means that a law was required
to be drafted and passed by the Parliament making untouchability an
offence as per the provisions of the law. So nitty-gritty of enacting such
law was worked out and “The Untouchability (Offences) Act, 1955 was
the result of Constitutional declaration contained in Article-17 of the
Constitution. Thus for giving effect to epoch making constitutional
declaration mentioned above, The Untouchability (Offences)Act,1955
was enacted in independent India. In fact, as mentioned above, twenty
two such social legislations were enacted by different Provinces/States
but there was no Central law uniformly applicable to whole of India
against the practice of untouchability.
It was provided in above Act that, “Whosoever will take any
part in the ex-communication of, or imposition of any social disability
on any person who refuses to practise untouchability or does any Act to
defeat the objects of Untouchability (Offences) Act, will also be guilty
of the offence, in addition to the normal penalty for an offence. It was
provided that the court may also cancel or suspend any licence in respect
of profession, trade, calling or employment, when an offence is
committed under this law within the course of any such profession,
trade, calling or employment. The imposition of disabilities is made a
crime punishable by fine upto Rs.500/-, imprisonment upto six months,
cancellation or suspension of licence and / or public grant.

300
28. The Protection of Civil Rights Act, 1955 (Act No.22 of 1955).
After implementation of the Untouchability (Offences )Act,1955
it was found that there were some lacunae with provisions of the
Untouchability (Offences) Act, 1955 and it was felt that these loopholes
were required to be plugged. Therefore, in April, 1965, the Government
of India appointed a committee on the untouchability, educational and
economic development of the Scheduled Castes under the Chairmanship
of Shri Elavaperumal to examine, inter-alia the problem of untouchability
vis-à-vis the working of the Untouchability (0ffences) Act, 1955 and to
make recommendations to the Government for amendment to the Act.
The Committee submitted its report in January, 1969 in which it made
certain recommendations with a view to plug the loopholes and to make
the penal provisions more stringent. To give effect to some of the
recommendations made by the said Committee, the Untouchability
(Offences) Act, 1955 was amended in 1976 as “The Protection of Civil
Rights Act, 1955.”
The above Act sought to serve three-fold purposes namely:-
(i) Outlawed the disabilities to which Dalits are subjected
to.
(ii) The disabilities are made an offence under the Act;
and
(iii) Provided rights to enforce these as Civil Rights.
Untouchability is the root cause and consequently any
religious, social, customary or moral grounds to enforce untouchability
no longer subsists nor valid after January, 26, 1950. Enforcement of
any disability is a crime against human rights and the Constitution entails
the wrong-doer with punishment. All customs, usages and practices
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directly or indirectly recognising or encouraging the practice of
untouchability in any form is void, being opposed to public policy. Even
a contract, covenant or any private transaction tending to recognise,
encourage or effectuate untouchability in any form, is therefore void ab
initio.
29. The Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989. (Act No.33 of 1989 [11th September, 1989])
With experiences, people and administrators found that even
the Protection of the Civil Rights Act, 1976 has failed to serve the
purposes of providing protection to the Scheduled Castes and the
Scheduled Tribes and prevent the disabilities being exercised against
them by the Caste Hindus. Even with the passage of the amended Act,
the Scheduled Castes and the Scheduled Tribes remained vulnerable.
Number of Civil Rights, though assured by the Constitution and the Act
in question, yet they were denied the same. They were subjected to
various offences, indignities, humiliations and harassment by the Caste
Hindus. They were very cruelly deprived of their life and property. Very
grievous and serious crimes were committed against them for various
historical, social and economic reasons. The social indignities emanate
from the practice of untouchability and acute economic exploitation
due to the landlessness, bondage etc. of the members of the Scheduled
Castes and the Scheduled Tribes. The dominant castes get united against
the downtrodden and start retaliatory pressures to dilute and weaken the
statutory safeguards provided to the Scheduled Castes and the Scheduled
Tribes. The increasing number of incidents of atrocities on the Scheduled
Castes are the direct outcome of agrarian tensions, ineffective
implementation of the Protection of Civil Rights Act, the Minimum
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Wages Act, rural indebtedness, practice of bonded labour and half hearted
implementation of various developmental measures like allotment of
surplus ceiling land to the Scheduled Castes. How half hearted measures
are, or in fact dishonest measures can be known from the famous
statement of young Indian, Ex. Prime Minister Rajiv Gandhi who said
that out of one Rupee given to the poor by the Government, finally only
fifteen Naya Paisa go the poor men in our country.
The Scheduled Castes and the Scheduled Tribes, due to the
awareness created because of their education, they are trying to assert
their rights and this is not being taken kindly by the dominant castes
when they demand minimum wages or refuse to do any bonded or forced
labour, the vested interests try to cow them down and terrorise them.
Even occupation and cultivation of Government land allotted to them
cause consternation to the dominant Caste Hindus and the SCs/STs
become victims of attacks by the vested interests. The crimes which
normally cannot be imagined anywhere in the world like forcing members
of SCs/STs to eat inedible substances like human excreta, drink urine,
attacking and mass killings of helpless SCs and STs, rape and gang rape
of their women and girls, stripping SC’s/ST’s women and parading them
naked in a broad day light in the streets and on the main roads of the
villages and towns have almost become common.
Under such grave situation and circumstances, the existing
laws like the “Protection of Civil Rights Act, 1955” and the normal
provisions of the Indian Penal Code have been found insufficient to
check these crimes. A special legislation to check and deter crimes against
them committed by non-SCs and STs had, therefore become necessary.
Consequently, “The Scheduled Castes and the Scheduled Tribes
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(Prevention of Atrocities) Act, 1989” was passed by the Parliament which
received assent of the President on 11-9-89 & was published in official
Gazette on 12-9-89.
Even passage of above Act and Rules framed there under,
inhuman and barbaric atrocities are committed by the Caste Hindus to
their own countrymen and members of their own religion. Sometimes
their minor daughters and women are raped and children are butchered
like animals (see Gazette4 of India (Ext.) Part-II section 3(1) dated
31.3.1995 at 24, news item “Shame”5 The Hindustan Times, August
21, 1994 Sunday at 5.) Their marriage processions are attacked and
bridegroom and members of marriage party are attacked and are
mercilessly beaten. Their social, cultural and religious processions are
welcomed by stones, brickbats and rotten eggs. (Tapas Om Prakash,
“Dalit Dulha ke Ghori Chadne per Hamla”6 Nav Bharat Times June 9,
1990 at 1.) Their homes are burnt at whim, destroying their meagre
source of livelihood. The barbaric massacre of Chunder, a village of
Penak division of Guntoor district of Andhra Pradesh in which twenty
eight Scheduled Castes’ persons were massacred. (ibid at 48 Belchi)7.
Belchi, Arrah and Pipra Carnages of Bihar and Kilven Mani of Tamil
Nadu in which large number of Scheduled Castes were massacred are
some glaring examples of grave atrocities committed by the Caste Hindus.
(The Parliamentary forum8 of SCs and STs, Socio-Economic and Political
status of the SCs and STs (1992) at 47).
It is disgusting that the protector of law, who are entrusted
with the duty to save and safeguard Scheduled Castes, committed
atrocities on them. In Morena Jail of MP, two Scheduled Caste’s persons
were victimised with the connivance of jail staff. They were beaten
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mercilessly and unnatural offence and sodomy was committed with them.
They were made to lick penis9 of co-prisoners. Singh, Narendrakumar
“Sabak sikhane ka Vashi Tarika, India Today August 15, 1994 at 56.
A police officer raped10 a daughter of Scheduled Caste man
in his presence and he (the Dalit) died in shame committing suicide as
he could not bear this inhuman act. (Sethi, Lokpal, “Raped in custody
father kills self” The Hindustan Times, December, 20, 1994 at 1.)
The magnitude of the problem of caste and untouchability
is so severe that even well educatted, economically and politically
advanced persons belonging to SCs, holding the high political or executive
or police post could not be liberated from this social evil of untouchability
and atrocities. Their social position, status and prestige are still deemed
low. A District Magistrate of Gopal Ganj district of Bihar, a Scheduled
Caste’s member of Indian Administrative Service, (IAS) was stoned to
death11 by a mob. (Ravi Atul Krishna, “Political Mileage out of Murder”
The Hindustan Times, December 11, 1994 at 13 C 3.) These incidents
are like a tip of iceberg and a drop in the ocean reminding every Indian
citizen about the gravity of the caste and untouchability problem, the
country is facing today. The problem of commission of atrocities and
practice of untouchability and its after effects are not only disintegrating
the Indian society but also whole nation as such which calls for urgent
remedial measures and “The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989” is one such step in this direction.
Unless the practice of untouchability is abolished, eradicated, prevented
and minimised, the nation will never be strong and untied as it should
be. Our nation and independence can only be saved from disintegration,
disharmony, disparities, inhuman and heinous crimes only if we succeed
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to wipe out caste based disabilities and untouchability from our country.
If the nation succeeds in this endeavour, then all its citizens can live in
peace and co-exist together with mutual love and respect even with
existence of paradoxical dualities like weak and strong, poor and rich,
backward and forward, master and servant, haves and have-nots.
The salient features of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act No.33
of 1989)are as under:-
In common parlance, the term, “Atrocity” denotes an act of
extreme cruelty. The term “Atrocity” is not defined in the law. Ministry
of Home Affairs has clarified this term as “any offence under the Indian
Penal Code committed against members of the Scheduled Castes by any
non-Scheduled Caste persons. Similarly, all offences under IPC
committed by non-ST against the member of ST are atrocities. Caste
consideration as a motive is not necessary to make such an offence in
case of atrocity.”
Ministry of Home Affairs has again clarified the term
“Atrocity” as “Crime which has ingredients of infliction of suffering in
one form or the other should be included for reporting.” This is based
on assumption that “Where the victims of crime are members of
Scheduled Castes and the offenders do not belong to Scheduled Castes,
Caste considerations are really the root cause of the crime, even though
caste consciousness may not be the vivid and immediate motive for the
crime.”
Salient features:-
1. To prevent the commission of atrocities against the members of
the SCs and the STs.
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2. To provide the special courts for the trial of such offence.
3. To provide relief and rehabilitation of the victims of such offences.
4. “Atrocity” means an offence publishable under section 3;
5. To appoint special public prosecutor.
6. Offences of atrocities described as under in Chapter II, S.3 –
Punishments for offences of atrocities.-
(a) Whoever, not being a member of a Scheduled Caste or a
Scheduled Tribe,
(i) forces a member of a Scheduled Caste or a Scheduled
Tribe to drink or eat any inedible or obnoxious
substances;
(ii) acts with intent to cause injury, insult or annoyance to
any member of a Scheduled Caste or a Scheduled Tribe
by dumping excreta, waste matter, carcasses or another
obnoxious substance in his premises or
neighbourhood;
(iii) forcibly removes clothes from the person of a member
of a Scheduled Caste or a Scheduled Tribe or parades
him naked or with painted face or body or commits
any similar act which is derogatory to human dignity;
(iv) wrongfully occupies or cultivates any land owned by,
or allotted to, or notified by any competent authority
to be allotted to amember of a Scheduled Caste or a
Scheduled Tribe or gets the land allotted to him
transferred;
(v) wrongfully dispossesses a member of a Scheduled
Caste or a Scheduled Tribe from his land or premises
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 or interferes with the enjoyment of his rights over any
land, premises or water;
(vi) compels or entices a member of a Scheduled Caste or
a Scheduled Tribe to do ‘beggar’ or other similar
forms of forced or bonded labour other than any
compulsory service for public imposed by
Government;
(vii) forces or intimidates a member of a Scheduled Caste
or a Scheduled Tribe not to vote or vote to a particular
candidate or to vote in a manner other than that
provided by law;
(viii) institutes false, malicious or vexatious suit or criminal
or other legal proceedings against a member of a
Scheduled Caste or a Scheduled Tribe;
(ix) gives any false or frivolous information to any public
servant, and thereby causes such public servant to use
his lawful power to the injury or annoyance of a
member of a Scheduled Caste or a Scheduled Tribe;
(x) intentionally insults or intimidates with intent to
humiliate a member of a Scheduled Caste or a
Scheduled Tribe in any place within public view;
(xi) assaults or uses force to any woman belonging to a
Scheduled Caste or a Scheduled Tribe with intent to
dishonour or outrage her modesty;
(xii) being in position to dominate the will of a woman
belonging to a Scheduled Caste or a Scheduled Tribe
and uses that position to exploit her sexually to which
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 she would not have otherwise agreed;
(xiii) corrupts or fouls the water of any spring, reservoir or
any other source ordinarily used by members of the
Scheduled Castes or the Scheduled Tribe so as to
render it less fit for purpose for which it is ordinarily
used;
(xiv) denies a member of a Scheduled Caste or a Scheduled
Tribe any customary right of passage to a place of
public resort or obstructs such member so as to prevent
him from using or having access to a place of public
resort to which other members of public or any section
thereof have a right to use or access to;
(xv) forces or causes a member of a Scheduled Caste or a
Scheduled Tribe to leave his house, village or other
place of residence,
shall be punishable with imprisonment for a term
which shall not be less than six months but which may
extend to five years and with fine.
(2) Whoever not being a member of a Scheduled Caste or
a Scheduled Tribe,
(i) gives or fabricates false evidence intending thereby to
cause, or knowing it to be likely that he will thereby
cause, any member of a Scheduled Caste or a Scheduled
Tribe to be convicted of an offence which is capital by
the law for the time being in force shall be punished with
imprisonment for life and with fine; and if an innocent
member of a Scheduled Caste or Scheduled Tribe be
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 convicted and executed in consequence of such false or
fabricated evidence, the person who gives or fabricates
such false evidence, shall be punished with death;
(ii) gives false or fabricated false evidence intending
thereby to cause, or knowing it to be likely that he
will thereby cause, any member of a Scheduled Caste
or a Scheduled Tribe to be convicted to an offence
which is not capital but punishable with imprisonment
for a term of seven years or upwards, shall be
punishable with imprisonment for a term which shall
not be less than six months but which may extend to
seven years or upward and with fine;
(iii) commits mischief by fire or any explosive substance
intending to cause or knowing it to be likely that he
will thereby cause damage to any property belonging
to a member of a Scheduled Caste or a Scheduled Tribe,
shall be punishable with imprisonment for a term
which shall not be less than six months but which may
extend to seven years and with fine;
(iv) commits mischief by fire or any explosive substance
intending to cause or knowing it to be likely that he
will thereby cause destruction of any building which
is ordinarily used as a place of worship or as a place
for human dwelling or as a place for custody of the
property by a member of a Scheduled Caste or a
Scheduled Tribe, shall be punishable with
imprisonment for life and with fine;
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 (v) commits any offence under Indian Penal Code (45 of
1860) punishable with imprisonment for a term of
ten years or more against a person or property on the
ground that such person is a member of a Scheduled
Caste or a Scheduled Tribe or such property belongs
to such member, shall be punishable with
imprisonment for life and with fine;
(vi) knowingly or having reason to believe that an offence
has been committed under this Chapter, causes any
evidence of commission of that offence to disappear
with intention of screening the offender from legal
punishment, or with intention gives any information
respecting the offence which he knows or believes to
be false shall be punishable for imprisonment provided
for that offence; or
(vii) being a public servant, commits any offence under this
section, shall be punishable with imprisonment for a
term which shall not be less than a term of one year
but which may extend to the punishment provided for
that offence.

Section - 4. Punishment for neglect of duties.-

Whoever, being a public servant but not being a member of a
Scheduled Cast or a Scheduled Tribe, wilfully neglects his duties required
to be performed by him under this Act, shall be punishable with
imprisonment for a term which shall not be less than six months but
which may extend to one year.
311
Section -5 Enhanced punishment for subsequent convictions.-
Whoever, having already been convicted for an offence under
this Chapter is convicted for the second offence or any offence
subsequent to the second offence, shall be punishable with imprisonment
for a term which shall not be less than one year but which may extend to
the punishment provided for that offence.
Section - 7 (1) and (2). Forfeiture of property of certain persons.-
Section - 8 (a) Punishment for financer.
Section - 8 (b) Presumption as to offences.
Section - 9. Conferment of police powers on any officer of other
department other than police by the state government.
Section - 10. Removal of person likely to commit offence.-
(Externment) by Special Court for two years.
Section - 16. Power of State Government to impose collective
fine.-Collective fine (S.10A of the protection of
Civil Rights Act covered).
Section - 17(i). Preventing action to be taken by the law and order
machinery.-
1. District Magistrate, or a
2. Sub-Divisional Magistrate, or
3. Any other Executive Magistrate, or
4. Any Police Officer not below the rank of a
Deputy Superintendent of Police to declare an
area to be an area prone to atrocities and take
necessary action for keeping the peace and good
behaviour and maintenance of public order and
tranquillity and may take preventive action.
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Section - 17(2). Application of the provisions of Code of Criminal
Procedure,1973 (Act No. 2 of 1974) [ 25th
January,1974 ]
Chapter - VIII. Security for keeping the peace and for good behaviour.
Chapter - X. Maintenance of public order and tranquillity.
Chapter - X. Preventive action of the police.
Section - 17(3) State Government to formulate one or more Schemes
for implementation of declaration of atrocity prone area.
Section- 18. Anticipatory bail (S.438 of Code of Criminal Procedure,
1973) made not applicable to the offenders under the
Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989.
Section - 19. Section - 360 of the Code of Criminal Procedure, 1973,
Probation of Offenders Act,1958 (20 of 1958) not
applicable to person above the age of eighteen years,
guilty of an offence under this Act.
Section - 20. Overrides the provisions of all other laws which are
inconsistent with the provisions of this Act.
Salient features of The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Rules,1995
1. Provision for “identified area,”
2. Provision for legal aid,
3. Provision for travelling allowance, daily allowance,
maintenance expenses and transport facilities to the victim
of the atrocity, his or her dependent and witnesses,
4. Setting up of State-level and District-level vigilance and
monitoring Committees, (R-16 & 17 respectively),
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 5. Appointment of police officers for investigation of cases,
6. Contingency plan by the State Government, (R-15)
7. Appointment of police officers for investigation of cases.
8. Periodic survey of the working of the provisions of this
Act,
9. Identification of areas where Scheduled Castes/Scheduled
Tribes are subjected to atrocities,
10 . Central Government is the Chief Co-ordinator of the Act,
11. Setting up of the Scheduled Castes and the Scheduled Tribes
Cell in the office of the DGP of the State under the charge
of the DGP/IGP,
12. Relief and compensation provided as mentioned in the
Appendix I of the Rules,(R-12,sub rule-4)
13. The Central Government shall, every year, place on the table
of each House of Parliament a report on the measures taken
by itself and by the State Governments in pursuance of the
provisions of this section.
14. Nomination of the Nodal Officer of the level of a Secretary
to the State Government, preferably belonging to the
Scheduled Castes or the Scheduled Tribes for coordinating
the functioning of the District Magistrates and
Superintendents of Police or other officers authorised by
them, investigation officers and other officers responsible
for implementing the provisions of the Act. By the end of
every quarter, he shall review the cases under this Act.
The above law (Act and Rules) seems quite sufficient to
safeguard the interests of the Scheduled Castes and the Scheduled Tribes
314
and their plight can be improved to a great extent provided that it is
implemented sincerely, honestly, justly, fairly and reasonably with positive
mind-set of the administration and police towards age-old disabilities
and infirmities which the downtrodden people suffered and are suffering
now also. Now, through the extant research, ground realities, mindset,
attitudes, belief etc. of the people can be ascertained on empirical
observations and assessment can be made on the basis of analysis of
data collected from all respondents. Let us examine the responses of the
respondents on various points and then come to some definite conclusion
about prevailing new as well as current situation in the society.

The Untouchability:-
Untouchability means touch-me-not-ism. Don’t touch me
as you are socially impure and I am pure, you are dirty and I am clean
and hence your mere touch will pollute me, defile me so not only not
touch me but keep away at certain distance from me so that such
defilement and pollution due to touch can be avoided.
The basis of untouchability is the consideration of purity
and pollution. If concept of purity and pollution are given up, the edifice
of untouchability will at once crumble and collapse and fusion of all
castes will become easy and the planned and envisaged fission of society
created by hatred and disdain by few elites from upper strata of society
will vanish for good.
Dr. Ambedkar said, “The Shudras were so important a class
of Kshatriyas that some of the most eminent and powerful kings of
ancient Aryan communities were Shudras.12 (From: Who were the
Shudras?)
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 The “Kul” of Maratha and Mahars is the same. The Mazahabi
Sikhs are untouchables. Most of them being Chamar by caste. Jat and
Mazahabi both have the same Gotra – Anthropological investigation
has confirmed this. So Dr. Ambedkar has rightly said as under11:-
“Religion everywhere else is engaged in the task of raising
and ennobling mankind whereas Hinduism is busy in debasing and
degrading it.”
The old name of the untouchables was Chandal. Valmiki
used the word “Nathvantshwa” (Fortunate) for the untouchables during
Epic Ramayan period. Other names were “Shudra”, “Atishudra”,
“Padaja”. In Census Report of 1921, world “Depressed Class” was
used for them. In 15th century (1414-1481) Narsinh Mehta of Junagadh
district of Gujarat gave new name “Harijans” to the untouchables. This
name is not officially recognised or accepted but it was made popular
by Gandhiji but the untouchables did not like it at all. In Government of
India Act, 1935 still one more new name was given to the untouchables
and it was “Scheduled Castes” which officially continues till date.
Now the latest name of the untouchables which has become more popular
and acceptable to Scheduled castes is “Dalit.”
History of Untouchability:- How Varna conflict ensued can
be seen from the following passage from Rigveda:-
Rig Veda13, X.22.8 which says:-
“We live in the midst of Dasyu Tribes who do not perform
sacrifice, nor believe in anything. They have their own rites and are not
entitled to be called men. O! thou destroyer of enemies, annihilate them
and injure the Dasas”. The Varna conflict got transformed in caste conflict
subsequently with the birth of Caste System from the Varna System.
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 Mathew Arnold had said about caste as under:-
“The grand name without the grand thing in it.”
In the caste system or varna system:-
1. The Brahmins are the priestly class.
2. The Kshatriyas are the military class.
3. The Vaishyas are the merchant class and
4. The Shudras are the artisan or menial class.
Dr. Ambedkar said that “Caste is created by superimposition
of endogamy over exogamy.” He further said,
“That Brahmanism converted varna into caste what I mean
is that it made status and occupation hereditary. How was this
transformation effected? As I said there are no footprints left of the
steps taken by Brahmanism to accomplish this change but there are
landmarks which serve to give us a clear view of how the deed came to
be done.”
The Vedic civilisation lasted for 900 years i.e. 1500-600
BC. The source of information of this civilisation is four Vedas.
“By the time of Dharmasutra, the Brahmins were declared
as “BhuDeva” (Gods on the earth). The criminal laws were highly
sympathetic with them but the Shudras were immensely discriminated.”
- Dr. B. R. Ambedkar.
In the pre Buddha era and also till the Buddha’s time, castes
had not emerged in the society.
King Vena who did utmost to destroy fourfold stratification
in the Kingdom but was cunningly killed by the Brahmins as his ideology
was in direct contrast with them. - Mudrarakshasha.

317
 Buddha was in 6th Century BC. The Nagas, the Nandas and
the Mauryans were famous and known rulers of the Magadh. They were
Shudras. The observation of Dr. BR Ambedkar is quite enlightening in
this regard.
Dr. Ambedkar said that, “There is only one period in Indian
history which is a period of freedom, greatness and glory. That is the
period of Maurayan Empire. At all other times the country suffered
from defeat and darkness. But the Mauryan period was period when
Chaturvarna was completely annihilated, when the Shudras, who
constituted the mass of people came into their own and became the
rulers of the country.”
When Ashok came to power, he declared Buddhism as state
religion and laid emphasis on equality. There was evidence that Ashok
bows at the feet of Buddhisht monk of humble caste origins. His rock
edicts also describe his anti-caste attitude. There were many Shudras
who became Kings under Mauryan regime.
Brihadratha was the last Mauryan Emperor. His commander-
in-chief Pushyamitra Shunga was a Brahmin who killed his emperor
Brihadratha in a day light and usurped Magadhan Empire. By his
proclamation, Pushymitra Shung set a price of 100 gold pieces on the
head of every Buddhist monk.
The Brahmins produced effective literature to promote
Brahminism. The literature falls under six categories:-
1. Manu Smruti.
2. Gita.
3. Shankaracharya’s Vedanta.
4. Ramayan.
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 5. Mahabharat and the
6. Purans.
Indeed it is quite possible that Manu Smruti was composed
at the command of Pushymitra Shunga himself.
Thus caste was established in the Shunga period which ruled
for 185 BC – 72 BC.
Brahminical Rulers
1. Shunga (185 BC to 72 BC)
2. Kanvas (72 BC to 27 BC)
Guptas (Circa-320)
In order to overcome their humble status, they glorified
Brahmanism. This act directly affected the position of women and the
Shudras and Ati-Shudras. The “State” system eulogised in this period.
AD 510 – First “Sati” took place in Gupta period. The
Mlecha (dirty) foreigners, Yavanas, Shakas and Huns were incorporated
in Kshatriya fold.
Gupta period – Practice of Untouchability began.
According to Dr. BR Ambedkar, untouchability was
established in 400 A.D. Caste system and untouchability were thus
completely established during the time of Guptas.
“The system of Chaturvarna of the pre-Buddhist days was a
flexible system and was open system. This was because the varna system
had no connection with the marriage system. While the Chaturvarna
recognised the existence of four different classes, it did not prohibit
inter marriage between them. A male of one varna could marry a female
of another varna. There are numerous illustrations in support of this
view” — Dr. BR Ambedkar.
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 The rising tide of Buddhism had brought about a great change
in the status of both the Shudras as well as women. To put it briefly a
Shudra under the Buddhist regime could acquire property, learning and
could even become a King. He can even rise to the highest rung of the
social ladder occupied by the Brahmin in the Vedic regime. Marriage
under the Buddhist rule was a contract. The Shudras, which were known
beasts of burden in pre-Buddha society raised their position that they
even took reigns of the Kingdom in their hands.
In every village even today, the touchables have a code which
the untouchables are required to follow. No census was ever done prior
to 1881 in India as a result it was difficult to know the exact number of
the untouchables. However a quick glance about the census done by the
Britishers in India will give clear picture about it which is as under:-
1. 1St Census Report, 1881 – No caste distinction was covered in it.
2. 2Nd Census Report, 1891 – Caste, Race, Grade given.
3. 3Rd Census Report, 1901 – Classification by social procedure as
recognised by national public opinion
was done. Serious opposition was
raised by the High Caste Hindus to the
enumeration by caste in the Census
Report. They insisted on the omission
of the question regarding caste.
4. 4Th Census Report, 1911 – Ascertainment of the population of the
touchables and untouchables covered.
5. 5Th Census Report, 1921 - -
6. 6Th Census Report, 1931 – 44.5 Millions untouchables in India.
Dr. BR Ambedkar estimated the
320
 population of untouchables to be 50
Millions. Caste based enumeration
was done.
Last Census Report, 2001 – Population of Scheduled Castes
(Untouchables) is 16,66,35,700. This comes to be 16.2% of
the total population of India. Some significant statistical
information about them is as under :-
Rural Population of SC Urban Population of SC
79.8% 20.2%
Sex ratio 936 females per 1000 males.
National average of sex ration is 933.
More than 57% SCs live in following first five states:-
1. UP 21.1%
2. West Bengal 11.1%
3. Bihar 7.8%
4. Andhra Pradesh 7.4%
5. Tamil Nadu 7.1%
6. Punjab 28.9%
7. Himachal Pradesh 24.7%
North-East:-
8. Mizoram 272 persons only (0.03%)
9. Meghalaya 0.5%
10. Arunachal Pradesh 0.6%
There is no Scheduled Castes population in Nagaland,
Andaman & Nicobar and Lakshadweep islands.
The above population shows the gravity of the problem of
untouchability. Only one State i.e. Nagaland and three Islands –
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Andaman, Nicobar and Lakshadweep are free from caste and caste based
untouchability as there is no population of people called untouchables.
As defined by Dr. BR Ambedkar, once untouchable means
untouchable for whole life, nothing can purify his position. The Hindus
who touch them and become polluted thereby can become pure by
undergoing purificatory ceremonies but there is nothing which can make
the untouchables pure. They are born impure and they are impure while
they live, they die the death of impure and they give birth to children
who are born with stigma of untouchability which is affixed to them. It
is a case of permanent hereditary stain which noting can cleanse.14 (Vol.
7, 266).
He further says, “Untouchability among Hindus is thus
unique phenomenon, unknown to humanity in other parts of the world.
Nothing like it to be found in any other society, primitive, ancient or
modern.”15 (ibid. 267)
In fact untouchability was not a primitive or very old custom
in India. Let us examine the same, in short, as under:-
1. Rigvedic period (1500-1000BC) – No concept of untouchability
in Rigvedic period.
2. Later Vedic period (1000-500BC) - No untouchability.
3. Upanishadic and Buddhist period (500-300BC) - No
untouchability.
4. Shunga (185-72BC) - Brahmanic ascendancy.
and Kanva (72-27BC)
Customs of impurity were practised by the Brahmins but no
untouchability was practised. The customs of impurity was
temporary and restrictive in nature.
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5. Gupta period – (Circa-320) Gupta period is the beginning of
untouchability in India. Most of the Scholars have agreed on
this that untouchability emerged in 400 AD.
Purity, impurity, hatred and contempt are the basis of
untouchability.
Dr. B.R. Ambedkar gave a novel thesis about origin of
untouchability which is as under:-16
1. There is no racial difference between the Hindus and the
Untouchables;
2. The distinction between the Hindus and Untouchables in its
original form, before the advent of untouchability, was the
distinction between Tribesmen and Broken Men from alien
tribes. It is the Broken Men who subsequently came to be treated
as Untouchables;
3. Just as the Untouchability has no racial basis so also has it no
occupational basis;
4. There are two roots from which Untouchability has sprung:
(a) Contempt and hatred of the Broken Men as of Buddhists by the
Brahmins;
(b) Continuation of beef-eating by the Broken Men after it had been
given up by others.
5. In searching for the origin of Untouchability care must be taken
to distinguish the untouchables from the Impure. All orthodox
Hindu writers have identified the Impure with the Untouchables.
This is an error. Untouchables are ‘distinct from the impure.’

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 6. While the Impure as a class came into existence at the time of
the Dharma Sutras the Untouchables came into being much
later than 400 A.D.
Theories about untouchability:-
Racial Theories:- There are several theories about caste and caste
discrimination and untouchability in society. We found two main
hypotheses of the Racial theory as under:-
(1) That the untouchables are non-Aryans, non-Dravidians, aboriginals,
and,
(2) They were conquered and subjugated by the Dravidians.
The Racial Theory is given by Sociologist Stanely Rice and
the same is known as Rice’s Racial Theory. As per his contention, the
Dravidians invaded India and conquered the aborigines and made them
untouchables. After Dravdians came the Aryans. The Aryans conquered
the Dravidians and made them Shudras.
Dr. Ambedkar concluded that the date of origin of
untouchability is 400 AD17 and it is developed till 600 AD. He refuted
other concepts i.e.
1. Racial discrimination,
2. Occupation,
3. Impurity,
4. Slavery,
5. Broken Men, (Army deserters of defeated King/Tribes/solders
defeated in War. Dr. Ambedkar’s own concept, not refuted.
6. Contempt of Buddhism.
7. Continuous beef eating by the “Broken Men” declared them
untouchables in India – Dr. BR Ambedkar
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 The untouchable is outside the scheme of creation. The
creation of all varnas from the body parts of Virat Purush i.e. God as
described in Rigveda are as under:-
Virat Purush
1. Mouth ☞ Brahmins
2. Arms ☞ Kshatriyas
3. Thigh ☞ Vaishyas
4. Foot ☞ Shudras
Thus, the untouchables do not have any place in Virat
Purush’s body from where they might have been created. Thus they are
in fact independent from the creation of the Lord. Thus, a Shudra is
Savarna. Further concept of untouchable is epitomised as under:-
Untouchables
Antya Antyaja Antyvasin
Untouchable. One who is born last. Resides on the outskirts,
Untouchable is who stays at the end of the
Avarn-outside the Untouchable born last. settlement / village / town etc.
varna system. They were forced to settle
Anta=root He is outside the scheme at the end of the village and
of creation. especially in south direction
as south direction is
considered to be the most
inauspicious by the Hindus.
“The Hindu theory of priority in creation does not and cannot
apply to the untouchables. Antya means not end of creation but end of
the village. Antyaja – means residers of the outskirts-Broken men” –
Dr. BR Ambedkar.
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 The Manu Smruti was written / composed during Shunga’s
counter-revolution. The Manu Smruti is full of contempt, hatred, repulsion
and aversion for the downtrodden including Shudras and the untouchables.
This hatred and abhorrence were actually directed against the Buddhists
which ultimately resulted in degrading the Buddhists into untouchables.
Beef eating was common in the ancestors of the Hindus but they later
discarded it and declared cow as sacrosanct. The Brahminism adopted
vegetarianism only to counter Buddhism which became so popular that
it put Brahmins on the top once again.
Dr. Ambedkar narrated how untouchability started to take its
firmer roots in social order of the Hindus. Dr. Ambedkar also narrated how
the untouchables also shunned the Brahmins. The Brahmins used to be
turned away from the habitat of the untouchables(Holiars). The Holiars,
slipper him, in former time, it is said, to death. He said,18 “Members of
other castes may come as far as door, but they must not enter the house,
for that will bring the Holier bad luck. If by chance, a person happens to
get in, the owner takes care to tear the intruder’s cloth, tie up some salt in
one corner of it and turn him out. This is supposed to neutralise all the
good luck which might have accrued to the trespasser and avert any evil
which ought to have befallen the owner of the house. – Dr. B.R. Ambedkar,
Vol.7, P.314-315.
The sequence of the untouchability is varna-caste-untouchability.
It is very clear that untouchability is born out of caste and caste can be
considered as mother of the untouchability despite this most acceptable
sociological fact, there are many eminent Indian leaders in various fileds,
social, political and religious fields, who spoke in favour of caste and at times
glorified it also. Let us see the versions of defenders of the caste as under:-
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 “Caste has kept us alive as a nation.”19 – Swami Vivekanand,
The Complete works of Swami Vivekanand, Kolkata, 1985, Vol. II,
P.489.
He said “Caste is a natural order.” He further said “Caste is a
plan we want to follow. There is no country in the world without caste.
The plan in India is to make everybody a Brahmin, the Brahmin being
the ideal humanity. Indian Caste is better than the caste that prevails in
Europe or America.”20 – Vivekanand, The complete works of Swami
Vivekanand, Kolkata, 1985, Vol.V, p.215.
Gandhiji defended caste on various occasions.
“I believe that caste has saved Hinduism from disintegration
…… I consider the four divisions alone to be fundamentally natural and
essential” – 1920
He further believed –
“Hereditary occupation is the soul of caste system. Heredity
principle is an eternal principle. To change is to create disorder…… It
will be a chaos if every day a Brahmin is to be changed into a Shudra and
a Shudra is to be changed into a Brahmin. The caste system is a natural
order of society ……. I am opposed to all those who are out to destroy
the caste system.” — Gandhiji.
1925 “ He must follow the occupation of the Varna to which
he belongs which means he must follow the hereditary
profession of his forefathers. The object of the Varna
system is to prevent competition and class struggle
and class war. I believe in the Varna system because it
fixes the duties and occupations of persons . .. … Varna
means the determination of a man’s occupation before
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 he is born .. …. In the Varna system no man has any
liberty to choose his occupation” – Gandhiji – 1925
Gandhiji just was opposed to social change in the caste system,
its hierarchy and its occupations. But we can find Gandhiji totally
changed or transformed in 1931 when he said “I do not believe in caste
in the modern sense ….. Thus, caste so far it connotes distinction in
status is an evil.”
Mark Lindley believes that Gandhiji met Dr. Ambedkar in 1931
and thereafter his thoughts on caste and varna changed.
“Her (India’s) caste system is the true outcome of the spirit of
tolerance 21….”
“Please do not pulverise a society which has no other force of
cohesion, into amorphous dust.” 22
The caste system is the mother of untouchability. Nirad
C.Chaudhary and others have supported caste. There are other prominent
Indian leaders like Gandhiji, Swami Vivekanad and others who are in
favour of caste system.
However in a first direct attack on scriptures preaching hatred
and contempt for untouchables, Dr. Ambedkar burnt Manu Smruti in
1927 during Mahad Satyagrah considering Manusmriti a book not only
against the untouchables but against the humanity. The main cuprits for
untouchability are castes and scriptures and therefore very rightly these
have been outlined by Dr. Ambedkar.We cannot understand
untouchability without understanding the caste. In order to understand
what caste actually means and what types of characteristics form identity
of caste should be seen which are as under:-

328
 Characteristics of caste and how it breeds untouchability?
1. Endogamy. (Prevents untouchables from
entering into inter-caste marriage)
2. Hierarchy. (Prevents untouchables from
upward social mobility)
3. Connection with (Prevents untouchables from
hereditary occupations. changing their so called impure
and untouchable occupations)
4. Commensality. (Due to untouchability
commensality is absent)
5. Hereditary membership. (Prevents untouchables from
becoming members of higher
varna or caste)
6. Connection with Varna. (The caste is connected with varna
and untouchability is connected
with caste)
These characteristics make caste to be unique and
fundamentally different from all other forms of social stratification.
The untouchability born out of caste rigidity, solidify the foundation,
edifice and structurre of caste system.
Varna is vedic division of society into four watertight vertical
compartments—Brahmin, Kshatriya, Vaishya and Shudra. Later a fifth
varna “Ati-Shudra” was added which comprised of former untouchable
castes. The fifth varna of untouchables is also called “Pancham Varna”.
The confusion in the Shudra is so wide spread that even those castes,
which are taking the benefits of the Mandal Commission are also unaware
of their “Shudra Status” and claim themselves as Kshatriyas.
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 We should also see what Manu says about castes. He says
“The castes emerged mainly because of the exogamous and illegitimate
relation between men and women of different varna.”
Perhaps the first exclusive study on untouchables and
untouchability was done by Dr. B.R. Ambedkar. He went upto the all
possible root causes of the untouchability. Who is untouchable?
Untouchable was defined by the Census Commission, 191123 as one
who –
1. Does not receive the Mantra from Brahmins or other recognised
Hindu Guru.
2. Is not served by good Brahmins as family priest.
3. Has no Brahmin priests at all.
4. Is denied access to the interior of the Hindu temples.
5. Causes pollution (a) by touch, or (b) within a certain distance.
6. Eats beef and does not revere cow.
In fact there are ten tests for the untouchables mentioned in
the circular issued by the Census Commissioner of 1911, but only six
above are mentioned here in our study which are relevant for our purpose.
Thus it can be seen that the untouchable and the untouchability both are
interlinked with the Brahmins and their sacred cow. The term
“Untouchable” is now illegal as the Constitution of India declared
untouchability as a punishable offence. Now nobody can be called
untouchable nor untouchability can be practiced by anyone without
violating Constitutional and legal provisions against it. The new term
for the former untouchables is “Scheduled Castes” and in sociological /
political discussion new word “Dalit” is used as its synonym. It is
interesting to have a glance about the former “untouchables” as under:
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 Table No.5-1
Population of Scheduled Caste and other details about them.
1. 2001 Census – Total population of Scheduled Castes
(2001), 16,66,35,700/-
2. 16.2% of the total population of the country. The break-
up of population and other details are as under:-
3. 79.8% Rural population,
4. 20% Urban population,
5. 936 Female per 1000 males,
6. 933 National sex ratio,
7. 89.50% Buddhist are from untouchables. They have
embraced Buddhism,
8. 30.70% Sikhs are from untouchables.
9. 22.20% former untouchables are in Hinduism
10. 9.00% Christians are former untouchables.
11. 0.80% Muslims are former untouchables.
(Ref. http://enwikipedia .org/schedule caste & tribes)24
Scholars agree that the untouchability is not as old as varna
or caste system. On the basis of anthropometric test, Dr. Ambedkar observed
that there is no racial difference between the “Upper Caste” and
“Untouchable”. Even today, in villages, all manual work is being done by
the Shudras and the Dalits. Most of the Dalit castes are martial race and
they proved their martial spirit particularly in British India. Etymological
explanation also proved many Dalit castes such as Mahar, Dushads, Mehtar
etc. to be related with Royal lineage. The “Bhangi” word also suggests the
meaning of “Broken man.” Pushymitra Shuga killed many Buddhists and
attacked many Vihars, reduced the position of survived Buddhists who were
later treated as untouchables.
331
 Dr. Ambedkar believed that untouchability is offshoot of
caste. He felt that strongest weapons to destroy caste are : (1) Religious
conversion and (2) Inter-Caste Marriage. Dr. Ram Manohar Lohia made
inter-caste marriage a major point in his socialist party’s election
manifesto as a measure to eradicate caste from the country.
About untouchability25 Dr. B.R. Ambedkar observed as under:-
In every village, the touchables have a code which the
untouchables are required to follow. This code lays down the acts of
omissions and commissions, which the touchable treat as offences. The
following is the list of such offences:-
1. The untouchables must live in a separate quarters away from the
habitation of the Hindus. It is an offence for the untouchables to
break or evade the rule of segregation.
2. The quarters of the untouchables must be located towards the
South, since the South is the most inauspicious of the four
directions. A breach of this rule shall be deemed to be an offence.
3. The untouchable must observe the rule of distance, pollution or
shadow of pollution as the case may be. It is an offence to break
the rule.
4. It is an offence for the member of an untouchable community to
acquire wealth, such as land or cattle.
5. It is an offence for the member of an untouchable community to
build a house with tiled roof.
6. It is an offence for the member of an untouchable community to
put on a clean dress, wear shoes, put on a watch or gold
ornaments.

332
7. It is an offence for the member of an untouchable community to
give high sounding name to their children. Their names be such
to indicate contempt.
8. It is an offence for the member of an untouchable community to
sit on a chair in the presence of a Hindu.
9. It is an offence for the member of an untouchable community to
ride on a horse or a palanquin through the village.
10. It is an offence for the member of an untouchable community to
take a procession of untouchables through the village.
11. It is an offence for the member of an untouchable community
not to salute a Hindu.
12. It is an offence for the member of an untouchable community to
speak a cultured language.
13. It is an offence for the member of an untouchable community if
he happens to come into village on a sacred day which the Hindus
treat.
14. It is an offence for the member of an untouchable community to
wear the outward marks of a touchable and pass himself as a
touchable.
15. An untouchable must confirm to the status of an inferior and he
must wear the marks of this inferiority for the public to know
and identify himself as such –
a. Having a contemptible face.
b. Not wearing clean clothes.
c. Not having a tiled roof.
d. Not wearing silver and gold ornaments.
A contravention of any of these rules is an offence.
333
 Next, come duties which the Code requires members of the
untouchable community to perform for the touchables. Under this head,
the following may be mentioned:
1. A member of an untouchable community must carry a message of
any event in the house of a Hindu such as death or marriage to his
relatives living in other villages no matter how distant these villages
may be.
2. An untouchable must work at the house of a Hindu when a marriage
is taking place, such as breaking fuel and going on errands.
3. An untouchable must accompany, a Hindu girl when she is going
from her parent’s house to her husband’s village no matter how
distant it is.
4. When the whole village community is engaged in celebrating a
general festivity such as Holi or Dasara, the untouchables must
perform all menial acts which are preliminary to the main
observance.
5. On certain festivities, the untouchable must submit their women
to the members of the village community to be made the subject
of indecent fun.
These duties to be performed without remuneration.
In above all what we have seen, is the creation or emergence
of the varna, caste, untouchability, their inter relationship and their
inter dependence, their hierarchy and history, the population of the
untouchables, change in nomenclature of the untouchables, various
social legislations and general legislations having direct and indirect
bearing on the subject. Here we have tried to see the contemporary
situation and views of respondents pertaining to above picture of Hindu
334
 TABLE NO. 5-2
ACCORDING TO YOU HOW IS THE FORM OF UNTOUCHABILITY IN GUJARAT?

SR. CASTE & CEMETERY OF FETCH WATER FROM VENDERS GIVE UNTOUCHABILITY IS IN ALL ABOVE NOT AT ALL IN ANY SPL. TOTAL
NO. PERCENTAGE CASTE HINDUS DIFFERENT WELLS /TAPS COMODITIES FROM PRACTISED ON SPECIAL ANY ABOVE REMARKS RESPONDENTS
& UNTOUCHABALES OR RIVER BANKS HANDS HIGH ABOVE OCCASIONS LIKE MARRIAGE
ARE SEPERATE CELEBRATIONS ETC.
U-R U-R U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 9+4 8+4 3+0 8+0 10+0 13+2 1+0 51+7=58

% 17.64+57.14 15.68+14.28 5.83+00.00 15.68+00.00 19.60+00.00 25.49+28.57 1.96+00.00

2. KSHATRIYA 30+3 16+1 14+0 30+1 13+0 29+6 2+1 79+11=90

% 39.97+27.27 20.25+9.09 17.22+00.00 37.97+9.09 16.45+00.00 36.70+54.54 2.53+9.09

3. VAISHYA 25+1 17+0 16+0 19+0 15+0 17+1 2+0 59+2=61

335
% 42.37+50.00 28.81+00.00 27.11+00.00 32.20+00.00 25.42+00.00 28.81+50.00 3.38+00.00

4. OBC 28+9 34+5 18+2 32+2 - 26+0 1+0 80+12=92

% 35.00+75.00 42.5+41.66 22.5+16.66 40.00+16.66 - 32.5+00.00 1.25+00.00

5. PATEL 23+4 24+1 19+1 26+1 - 24+6 3+0 60+10=70

% 38.33+40.00 40.00+10.00 31.66+10.00 43.32+10.00 - 40.00+60.00 5.00+00

6. SC/ST 33+1 34+1 30+1 29+1 - 2+0 - 38+2=40

% 86.84+50.00 89.47+50.00 78.44+50.00 76.31+50.00 - 5.26+00.00 -

7. TOTAL - - - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
society and and would try to evaluatewhat has happened to the people
with regard to the age old concept of untouchability in present situation
and try to know whether law as an instrument of social change has
worked well or not so far as untouchability is concerned. The analysis
of data is as under:-
The scholar has tried to see whether untouchability is still
practised in Gujarat's urban and rural areas? If yes, how it is practised?
In what form it exists? These are all pertinent questions on which
respondents' responses were solicited. First of all we will see the form
of untouchability in Gujarat.
Table N0.5-3
Cemetery of Caste Hindus and Untouchables are separate.
Sr.No. Castes Urban Rural
1. SC/ST 86.84% 50%
2. Vaishya 42.37% 50%
3. Kshatriya 39.97% 22.27%
4. Patel 38.33% 40%
5. OBC 35% 75%
6. Brahmin 17.64% 57.14%%
Average% - 43.35% 49.06%
Though untouchability is abolished by the Constitution in
1950 still prevalence of untouchability is clearly visible in Gujarat
State as per data collected, all the castes have admitted that the Dalits
are not permitted to perform last rites of their dead relatives in the
Caste Hindus' cemetery. Though Dalits and Caste Hindus both belong
to the same religion despite that such caste based untouchability on
such large scale, both in urban and rural areas is practised in the form
336
of final disposal of the dead bodies. So the famous quotation that a
Dalit has to face untouchability from birth to graveyard or from cradle
to crematorium is proved beyond doubt. The 86.84% Scheduled Castes
who suffer the pinch have told that Caste Hindus and Dalits' cemetery
are separate.
The responses from rural respondents have also supported
the fact of prevalence of the untouchability in the matter of disposal of
the dead bodies in separate cemeteries.
Table No.5-4
Fetch water from different wells / taps or river bank.
Sr.No. Castes Urban Rural
1. SC/ST 89.47% 50%
2. OBC 42.5% 41.66%
3. Patel 40% 10%
4. Vaishya 28.81% Nil
5. Kshatriya 20.25% 09.09%
6. Brahmin 15.68% 14.28%
Average% - 39.45% 20.83%
89.47% and 50% respectively in urban and rural areas,
Scheduled Castes faced or knew the problem of untouchability existing
in the form of separate arrangement of drinking water for Dalits and
Caste Hindus and the same is admitted by 42.5% OBCs, 40% Patels,
28.81% Vaishayas, 20.25% Kshatriyas and 15.68% Brahmins in urban
area and 41.66%, 10%, 00.00%, 09.09% and 14.28% in rural area
respectively OBCs, Patels, Vaishyas, Kshatriyas and Brahmins admitted
prevalence of untouchability. It seems the percentage of Brahmins in
admission of prevalence of untouchability is the lowest as due to their
337
guilty conscience, they might not have indicated the same in their
responses open heartedly as with all frankness the Scheduled Castes
had done. In rural areas the percentage is lower which is surprising
and it might be the reason of lack of understanding of the question or
the problem or some fear of reprisal, imagined or genuine.
Another reason is the fact that now all houses even in villages
are mostly provided water connection and hence the gravity of the
problem has decreased considerably.
Table No.5-5
Vendors give commodities/victual from hands high above
maintaining distance to avoid touch.
Sr.No. Castes Urban Rural
1. SC/ST 78.44% 50%
2. Patel 31.66% 10%
3. Vaishya 27.11% Nil
4. OBC 22.5% 16.66%
5. Kshatriya 17.22% Nil
6. Brahmin 5.83% Nil
Average% - 30.46% 12.77%
This is an acute example, a vivid example of observance of
untouchability in urban and rural areas of Gujarat. 78.44% Dalits in
urban areas and 50% Dalits in rural areas have experienced this, noticed
this form of untouchability both in urban and rural areas. It seems in
rural area, the traders may be placing the commodities on floor at a
considerable distance or sometimes they even might be throwing articles
like Bidi, Cigarettes, Match-Boxes etc. Even the higher castes like Patels,
Vaishyas, OBCs, Kshatriyas and Brahmins have admitted this fact and
338
the same can be seen from above table. Thus the practice of
untouchability in public life of Gujarat is still a reality and not a thing
of the past altogether forgotten by the conservative and orthodox Hindu
society.
Table No.5-6
Untouchability is practised on special occasions like marriage,
garba, festivals etc.'s celebrations.
Sr.No. Castes Urban Rural
1. SC/ST 76.31% 50%
2. Patel 43.32% 10%
3. OBC 40% 16.16%
4. Vaishya 32.20% Nil
5. Kshatriya 37.97% 9.09%
6. Brahmin 15.68% Nil
Average% - 40.91% 14.20%
All castes believe and have seen the observance of
untouchability on special occasions like marriage, garba, festivals and
other celebrations, both in urban and rural areas. For example, even in
Ahmedabad City this can be seen on Holi celebrations where Holi-fire
is separately and caste-wise arranged by all castes at the same time in
the same locality or colony. The low percentage of Brahmins in all
untouchability related responses might be because of the biting of their
conscience as for the creation of varna, caste and untouchability, people
generally feel and believe the Brahmins to be responsible. The low
percentage of Brahmins is thus perhaps the conscious reflection to
avoid the blame.

339
 Table No.5-7
Untouchability is there in all above.
Sr.No. Castes Urban Rural
1. Vaishyas 25.42% Nil
2. Brahmin 19.60% Nil
3. Kshatriya 16.45% Nil
4. OBC 00.00% Nil
5. Patel 00.00% Nil
6. SC/ST 00.00% Nil
Average% - 10.24% Nil
25.42% urban Vaishyas, 19.60% urban Brahmins and 16.45
urban Kshatriyas believe that the untouchability is practised in all above
matters.
Following percentage of respondents believe that
untouchability is not at all observed in any of the forms indicated
above:-
Table No.5-8
Untouchability is not there at all in any form mentioned above.
Sr.No. Castes Urban Rural
1. Patel 40% 60%
2. Kshatriya 36.70% 54.54%
3. OBC 32.5% Nil
4. Vaishya 28.81% 50%
5. Brahmin 25.49% 28.57%
6. SC/ST 5.26% Nil
Average % - 28.12% 32.18%

340
 TABLE NO. 5-9
IS UNTOUCHABILITY PRACTISED IN YOUR VILLAGE/AREA ?

SR. CASTE & YES NO TO SOME IT IS PRACTISED OTHER TOTAL

NO. PERCENTAGE EXTENT ON CERTAIN OCCASION RESPONDENTS
LIKE TEMPLE ENTRY,
MARRIGE, EATTING PLACES
HOUSE ENTRY, ETC.
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 15+0 24+6 11+1 1+0 - 51+7=58

% 29.41+00.00 47.05+85.71 21.56+14.28 1.96+00.00 -

2. KSHATRIYA 34+3 20+7 22+1 3+0 - 79+11=90

% 43.03+27.27 25.31+63.63 27.84+9.00 3.79+00.00 -

3. VAISHYA 16+0 35+2 7+0 - 1+0 59+2=61

341
% 27.11+00.00 59.32+100.00 11.86+00.00 - 1.69+00.00

4. OBC 15+1 40+7 24+3 1+1 - 80+12=92

% 18.75+8.33 50.00+58.33 30.00+25.00 1.25+8.33 -

5. PATEL 20+0 24+7 13+2 2+1 1+0 60+10=70

% 33.33+00.00 40.00+70.00 21.66+20.00 3.33+10.00 1.66+00.00

6. SC/ST 17+0 9+1 9+1 3+0 - 38+2=40

% 44.33+00.00 23.68+50.00 23.68+50.00 7.89+00.00 -

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 The above picture is the indicator of concealment of the
reality of prevalence of untouchability and the respondents have been
caught on wrong foot intelligibly. For example 40% Patel in urban
area and 60% Patels in rural area have opined that untouchability
is not at all observed in any four forms on which their opinions
were solicited but 38.33% Patels in urban area and 40% Patels in
rural area have already stated earlier that untouchability is observed
in the matter of separate cemetery for Caste Hindus and the Dalits.
Similarly 40% Patels from urban area and 10% Patels from rural
areas have already stated that untouchability is observed in the form
of separate wells/taps/river banks for the Dalits and the caste Hindus.
Similarly 31.66% Patels from urban area and 10% Patels from rural
area have already stated in the same question that vendors observe
untouchability while delivering commodities to the Dalits and the
maximum number of Patels i.e. 43.32% from urban area and 10%
Patels from rural areas have stated that untouchability is practised
on special occasions like marriage, festival celebrations etc. Same
is the case with all castes. This question was carefully crafted to
ascertain the truth from the respondents. The reality of practice of
untouchability is already obtained successfully in first five options
and hence responses under this option that untouchability is not
there at all in any form is of no value at all.
The above responses were obtained through various questions
largely indirect but in a direct question "Is untouchability practised
in your village/area?" Their responses are as under:-

342
 Table No.5-10
Yes, untouchability is observed in our village/area.

Sr.No. Castes Urban Rural

1. SC/ST 44.33% Nil
2. Kshatriya 43.03% 27.27%
3. Patel 33.33% Nil
4. Brahmin 29.41% Nil
5. Vaishya 27.11% Nil
6. OBC 18.75% 8.33%
Average% - 32.66% 5.93%

The above facts openly and firmly disclosed that, large number
of respondents belonging to all castes in Gujarat confirm the observance
of untouchability in Gujarat.

Table N0.5-11
To some extent, untouchability is observed in our village/ area.

Sr.No. Castes Urban Rural

1. OBC 30% 25%
2. Kshatriya 27.84% 9%
3. SC/ST 23.68% 50%
4. Patel 21.66% 20%
5. Brahmin 21.56% 14.28%
6. Vaishya 11.86% Nil
Average% - 22.76% 19.71%
343
 Table No.5-12
Untouchability is practised on certain occasions like temple entry,
marriage, at eating places, house entry etc.
Sr.No. Castes Urban Rural
1. SC/ST 7.89% Nil
2. Kshatriya 3.79% Nil
3. Patel 3.33% 10%
4. Brahmin 1.96% Nil
5. OBC 1.25% 8.33%
6. Vaishya Nil Nil
Average% - 3.03% 3.05%

Table No. 5-13

Now analyse the above three tables, the direct and definite
number of respondents candidly confirmed prevalence of untouchability
is higher and the highest as compared with responses covered in
remaining two tables. To arrive at still definite conclusion about the
prevalence of untouchability, we have to total up the percentage of
above three tables which is as under:-
Sr.No. Castes Total Urban Rural
1. SC/ST 44.33% Nil
23.68% 50.00%
07.89% Nil
Total 75.9% 50.00%
2. Kshatriya 43.03% 27.27%
27.84% 09.00%
03.79% Nil
Total 74.66% 36.27%
344
 3. Patel 33.33% Nil
21.66% 20.00%
03.33% 10.00%
Total 58.32% 30.00%
4. Brahmin 29.41% Nil
21.56% 14.28%
01.96% Nil
Total 52.93% 14.28%
5. Vaishya 27.11% Nil
11.86% Nil
Nil Nil
Total 38.97% Nil
6. OBC 18.75% 08.33%
30.00% 25.00%
01.25% 08.33%
Total 50.00% 41.66%
Average% - - 58.46% 28.70%
Now looking to above analysis which correctly reflects the
prevalence and practice of untouchability in urban and rural areas of
Gujarat and the confirmation about the same comes not only from
SCs/STs sections of society but from all castes and varnas of the society
with 75.9% in urban areas and 50% in rural areas, the SCs/STs
confirmed the highest percentage of prevalence of untouchability in
Gujarat. Similarly almost equal percentage of Kshatriyas, 74.66% from
urban area and 36.27% from rural areas respectively feel and believe
about the wide spread prevalence and practice of untouchability in
Gujarat. In 58.32% Patels from urban area and 30% Patels from rural
345
 TABLE NO. 5-14
“UNTOUCHABILITY IS A BLOT ON HINDU SOCIETY & IT IS THE DUTY (DHARMA) OF EVERY HINDU
TO REMOVE IT”. DO YOU AGREE WITH SUCH THINKING (IDEA) OF GANDHIJI ?

SR. CASTE & YES NO CAN’T SAY I DO NOT BELIVE THAT TOTAL
NO. PERCENTAGE ANY THING ANY HARM WOULD HAVE BEEN RESPONDENTS
DONE TO HINDU RELIGION DUE
TO UNTOUCHABILITY
U-R U-R U-R U-R U-R-T

1. BRAHMIN 40+6 5+0 4+0 2+1 51+7=58

% 78.43+35.71 9.80+00.00 7.84+00.00 3.92+14.28

2. KSHATRIYA 62+9 10+0 5+1 2+1 79+11=90

% 78.48+84.81 12.65+0.00 6.32+9.09 2.53+9.09

3. VAISHYA 48+2 4+0 5+0 2+0 59+2=61

346
% 81.35+100.00 6.77+00.00 8.47+00.00 2.53+00.00

4. OBC 65+9 6+1 3+1 6+1 80+12=92

% 81.25+75.00 7.5+8.33 3.75+8.33 7.5+8.33

5. PATEL 47+9 5+0 5+0 3+1 60+10=70

% 78.33+90.00 8.33+00.00 8.33+00.00 5.00+10.00

6. SC/ST 35+2 2+0 - 1+0 38+2=40

% 92.10+100.00 5.26+00.00 - 2.63+00.00

7. TOTAL
RESPONDENTS - - - - 367+44=411

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
area respectively confirm the wide spread prevalence and practice of
untouchability in Gujarat. 52.93% Brahmins from urban area and
14.28% Brahmins from rural area respectively confirm wide spread
prevalence and practice of untouchability in Gujarat. 38.97% Vaishyas
from urban area also confirm wide spread prevalence and practice of
untouchability. 50% OBCs from urban areas and 41.66% OBCs from
rural areas also confirmed wide spread prevalence and practice of
untouchability in various fields in the State of Gujarat. The average
percentage of all castes about the prevalence and practice of
untouchability in Gujarat thus comes to 58.46% in urban areas and
28.70% in rural areas respectively. One will definitely feel surprised
why low percentage about prevalence and practice of untouchability is
noticed in rural areas as compared to urban areas? Ostensibly more
untouchability is practised in rural areas than in urban areas. More
offences under the SC/ST (Prevention of Atrocities) Act, 1989 are
reported and registered in rural areas. Then the question validly arises
how the percentage of rural area is quite low? The answer is obvious.
The village people, the rural folks are more aware of "atrocity" Act
than the urban people. The rural people are more conscious about
their guilt, fault and commission of offences and about observance of
untouchability in their daily life. To conceal their negative mindset the
respondents almost appeared to be in a "denial mode". So far as
Scheduled Castes respondents from rural areas are concerned, it appears
that out of fear they seem to have suppressed hard facts of rural life.
Scholar has made an effort to ascertain whether people
subscribe to the Gandhiji's thought on untouchability when he said
that, "Untouchability is a blot on a Hindu society and it is the duty
(Dharma) of every Hindu to remove it."
347
 Table No.5-15
Yes, Untouchability is a blot on Hindu society.
Sr.No. Castes Urban Rural
1. SC/ST 92.10% 100%
2. Vaishya 81.35% 100%
3. OBC 81.25% 75%
4. Kshatriya 78.48% 84.81%
5. Brahmin 78.43% 35.71%
6. Patel 78.33% 90%
Average% - 81.65% 80.92%
Majority of respondents from all castes both in urban and
rural areas believe in Gandhiji's above thought and they concurred with
Gandhiji with overwhelming majority that untouchability is a blot on
Hindu society. They considered it as a blot on the Hindu society and
also considered it their duty to remove it.
Table No.16
No, Untouchability is not a blot on Hindu society.
Sr.No. Castes Urban Rural
1.. Kshatriya 12.65 % Nil
2. Brahmin 9.80 % Nil
3. Patel 8.33% Nil
4. OBC 7.5% 8.33%
5. Vaishya 6.77% Nil
6. SC/ST 5.26% Nil
Average % - 8.38% 1.38%
Only 8.38% respondents from urban areas and 1.38%
respondents from rural area said that they do not believe in Gandhiji's
348
theory that "untouchability is a blot on Hindu society and it is the
duty(Dharma) of every Hindu to remove it."

Table No.5-17
Can't say anything whether untouchability is a
blot on Hindu society or not.

Sr.No. Castes Urban Rural

1. Vaishya 8.47% Nil
2. Patel 8.33% Nil
3. Brahmin 7.84% Nil
4. Kshatriya 6.32% 09.09%
5. OBC 3.75% 08.33%
6. SC/ST Nil Nil
Average % - 5.78% 02.90%

The SCs/STs are very clear about Gandhiji's view in question

but the caste Hindus i.e. 5.78% from urban areas and 2.90% from
rural area respectively are not clear but confused and they said, "They
can't say anything" about Gandhiji's statement that, "Untouchability is
a blot on Hindu society and it is the duty (Dharma) of every Hindu to
remove it."
There are yet people in society who do not subscribe to the
view that any harm would have been done to Hindu religion due to the
practice of untouchability against the Dalits. Percentage of such people
is as under:-

349
 TABLE NO. 5-18
IS UNTOUCHABILITY & DICRIMINATION OF HIGH & LOW A SOCIAL PROBLEM ?

SR. CASTE & YES NO DON’T KNOW CAN’T SAY TOTAL

NO. PERCENTAGE ANYTHING RESPONDENTS
U-R U-R U-R U-R U-R-T

1. BRAHMIN 38+4 7+2 4+0 2+1 51+7=58

% 75.40+57.14 13.72+28.57 7.84+00.00 3.92+14.28

2. KSHATRIYA 61+8 11+1 5+1 2+1 79+11=90

% 77.21+72.72 13.92+9.09 6.32+9.09 2.53+9.09

3. VAISHYA 35+2 10+0 4+0 10+0 59+2=61

% 59.32+100.00 16.94+00.00 6.77+00.00 16.94+00.00

350
4. OBC 57+3 10+7 6+1 7+1 80+12=92
% 71.25+25.00 12.5+58.33 7.5+8.33 8.75+8.33

5. PATEL 48+8 4+2 5+0 3+0 60+10=70

% 80.00+80.00 6.66+20.00 8.33+00.00 5.00+00.00

6. SC/ST 37+2 1+0 - - 38+2=40

% 97.36+100.00 2.63+00.00 - -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table No.5-19
I do not believe that any harm could have been done to Hindu
religion due to practice of untouchability.
Sr.No. Castes Urban Rural
1. OBC 7.5% 8.33%
2. Patel 5% 10%
3. Brahmin 3.92% 14.28%
4. Kshatriya 2.53% 9.09%
5. SC/ST 2.63% Nil
6. Vaishya 2.53% Nil
Average% -- 4.01% 6.95%
It is only microscopic minority of 4.01% from urban area and
6.95% from rural area which does not believe that any harm could have
been done to the Hindu religion due to practice of untouchability. This
could be the thrust area for launching any reform programme aimed at
removal of the evil practice of untouchability from the society.
The sociology has dealt with all social problems of the society.
As per sociological concept a problem is problem only if it is so thought
of by the people. If they do not perceive any matter as problem then it
is not considered as problem.
An effort was made to solicit respondents’ views about social
problem of untouchability and discrimination of high and low based on caste.
Table No.5-20
Yes. Both untouchability and caste-based high and low
discrimination are the social problems.
Sr.No. Castes Urban Rural
1. SC/ST 97.36% 100%
351
 2. Patel 80% 80%
3. Kshatriya 77.21% 72.72%
4. Brahmin 75.40% 57.14%
5. OBC 71.25% 25%
6. Vaishya 59.32% 100%
Average% - 72.47% 72.47%

A very high percentage of respondents i.e. 72.47 both from

urban and rural areas believe that the untouchability is a social problem
and discrimination as high and low based on caste is also a social
problem. Both urban respondents and rural respondents are equally
(72.47% urban and 72.47% rural) conscious about these two social
problems. If people consider any issue as problem they will also try
to solve it.

Table No.5-21
Untouchability and caste-based high and low discrimination are
not the social problems.
Sr.No. Castes Urban Rural
1. Vaishya 16.94% Nil
2. Kshatriya 13.92% 9.09%
3. Brahmin 13.72% 28.57%
4. OBC 12.5% 58.33%
5. Patel 6.66% 20%
6. SC/ST 2.63% Nil
Average% - 11.06% 19.33%

352
 Only 11.06% people from urban area and 19.33% people from
rural area respectively do not consider untouchability and caste based
discrimination of high and low as social problems. When they do not
consider these social evils as social problems, naturally they will also
not try to solve the same.
Certain respondents are such who are totally ignorant about the social
problems of untouchability and caste based discrimination of high and
low. They are as under:-

Table No.5-22
Ignorance about social problems of untouchability and caste
based discrimination of high and low.
Sr.No. Castes Urban Rural
1. Patel 8.33% Nil
2. Brahmin 7.84% Nil
3. OBC 7.51% 8.33%
4. Vaishya 6.77% Nil
5. Kshatriya 6.32% 9.09%
6. SC/ST Nil Nil
Average % - 6.12% 2.90%

Ignorant respondents are 6.12% from urban area and 2.90% from
rural area respectively who said they do not know about untouchability
being a problem or caste based high and low discrimination is a problem.
There are also respondents who said "they can't say anything". They
are as under:-

353
 TABLE NO. 5-23
HAS THE CONSTITUTION OF INDIA ABOLISHED THE UNTOUCHABILITY ?

SR. CASTE & YES NO DON’T KNOW CAN’T SAY TOTAL

NO. PERCENTAGE ANYTHING RESPONDENTS
U-R U-R U-R U-R U-R-T

1. BRAHMIN 21+5 19+0 9+0 2+2 51+7=58

% 41.17+71.42 37.25+00.00 17.64+00.00 3.92+28.57

2. KSHATRIYA 45+7 24+2 5+2 5+0 79+11=90

% 56.96+63.63 30.37+18.18 6.32+18.18 6.32+00.00

3. VAISHYA 21+2 22+0 11+0 5+0 59+2=61

% 35.59+100.00 37.28+00.00 18.64+00.00 8.47+00.00

354
4. OBC 33+9 22+2 18+1 7+0 80+12=92
% 41.25+75.00 27.5+16.66 22.5+8.33 8.75+00.00

5. PATEL 24+6 15+3 17+1 4+0 60+10=70

% 40.00+60.00 25.00+30.00 28.33+10.00 6.66+00.00

6. SC/ST 29+2 7+0 2+0 - 38+2=40

% 76.31+100.00 18.42+00.00 5.26+00.00 -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table No.5-24
Can't say anything whether untouchability and caste based
discrimination of high and low are social problems.
Sr.No. Castes Urban Rural
1. Vaishya 16.94% Nil
2. OBC 8.75% 8.33%
3. Patel 5% Nil
4. Brahmin 3.92% 14.28%
5. Kshatriya 2.53% 9.09%
6. SC/ST Nil Nil
Average% - 6.19% 5.28%
No, Don't know, Can't say anything's total is 23.37% from urban
area and 27.51% from rural area who stand outnumbered by 72.47%
both urban and rural respondents who opined that untouchability is a
social problem and similarly the caste based discriminatory idea of
high and low is also a social problem. This indicate higher awakening
of people about social problems.
Scholar has tried to see the respondents’ awareness and awakening
about Constitutional provision about removal of untouchability. As per
data their consciousness about the same is as under:-
Table No.5-25
The Constitution of India has abolished untouchability.
Sr.No. Castes Urban Rural
1. SC/ST 76.31% 100%
2. Kshatriya 56.96% 63.63%
3. OBC 41.25% 75%
4. Brahmin 41.17% 71.42%
355
 5. Patel 40% 60%
6. Vaishya 35.59% 100%
Average % - 48.54% 78.34%
Surprisingly rural respondents are found to be more
knowledgeable and law conscious as 78.34% respondents from rural areas
have affirmed that the Indian Constitution has abolished untouchability
whereas 48.59% respondents from urban area have affirmed that the
untouchability is abolished by the Constitution of India. It is strange
phenomenon that rural respondents are more advanced in legal knowledge
than their counterparts in urban areas. In rural areas there are lesser
educational facilities as compared to urban areas but legal knowledge is
higher whereas in urban areas, there are greater educational facilities and
opportunities but the legal knowledge is found to be lower as compared
to respondents in rural areas. Now we go to another set of respondents
who said that the Constitution of India has not abolished the
untouchability. They are as under:-
Table No.5-26
The Constitution of India has not abolished the untouchability.
Sr.No. Castes Urban Rural
1. Vaishya 37.28% Nil
2. Brahmin 37.25% Nil
3. Kshatriya 30.37% 18.18%
4. OBC 27.5% 16.66%
5. Patel 25% 30%
6. SC/ST 18.42% Nil
Average% - 29.30% 10.80%
A very queer phenomenon has emerged as can be seen above
356
that higher the caste lower the knowledge of law and lower the caste
higher the knowledge of law. 29.30% respondents from urban area
and 10.80% respondents from rural areas believe that the Constitution
of India has not abolished untouchability. In fact they are ignorant
about Constitutional provision contained in Article-17 of the
Constitution which is as under:-
Article 17. Abolition of Untouchability.- "Untouchability"
is abolished and its practice in any form is forbidden. The enforcement
of any disability arising out of "untouchability" shall be an offence
punishable in accordance with law."
Not only the common men, but even the Commissioner of
Police, Ahmedabad City also expressed his ignorance about abolition
of untouchability by the Constitution of India. He had left this question
unanswered and on being asked again he said, “To some extent” which
is not true.
Table No.5-27
Do not know about Constitution of India abolishing untouchability
Sr.No. Castes Urban Rural
1. Patel 28.33% 10%
2. OBC 22.5% 8.33%
3. Vaishya 18.64% Nil
4. Brahmin 17.64% Nil
5. Kshatriya 6.32% 18.18%
6. SC/ST 5.26% Nil
Average% - 16.44% 06.08%
357
 16.44% respondents from urban area and 6.08% respondents
from rural area respectively do not know about the Constitutional
provision about abolition of the untouchability. Here also the lowest
caste has the highest legal knowledge and the higher castes have
comparatively lower legal knowledge. This indicates and proves that
the level of awareness about legal provision in SCs/STs is much higher
perhaps the highest than all castes including the highest one
i.e.Brahmins.
Table No. 5-28
Can't say anything whether the Constitution of India has
abolished untouchability or not.
Sr.No. Castes Urban Rural
1. OBC 8.75% Nil
2. Vaishya 8.47% Nil
3. Patel 6.66% Nil
4. Kshatriya 6.32% Nil
5. Brahmin 3.92% 28.57%
6. SC/ST Nil Nil
Average % - 5.68% 4.76%

The above 5.68% respondents from urban area and 4.76%

respondents from rural area are respectively unable to say anything
about the abolition of the untouchability by the Constitution of India.
They are confused but SCs/STs are not at all confused. The ignorance
and confusion prevail with the higher castes only which is again a
surprising finding came to our notice from this empirical social research.
358
 TABLE NO. 5-29
TOUCH OF LOWER CASTE AND REACTION OF HIGH CASTE

SR. CASTE & GETS GETS IMPIOUS / GETS SIN GETS BLAME OR ALL ABOVE WILL NOTHING ABOVE TOTAL
NO. PERCENTAGE POLLUTED DESECRATED ACCUSATION HAPPEN WILL HAPPEN RESPONDENTS
U-R U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 1+0 1+0 1+0 - 4+0 44+7 51+7=58

% 9.96+0.00 9.96+0.00 9.96+00.0 - 7.84+00.00 86.27+100.00

2. KSHATRIYA 2+0 5+0 - - - 72+11 79+11=90

% 2.53+00.00 6.32+00.00 - - - 91.13+100.00

3. VAISHYA - 1+0 - - - 58+2 59+2=61

359
% - 1.69+00.00 - - - 98.30+100.00

4. OBC 9+3 2+0 7+0 0+1 - 62+8 80+12=92

% 11.25+25.00 2.5+00.00 8.75+00.00 00.00+8.33 - 77.5+66.66

5. PATEL 2+2 4+1 - - - 54+7 60+10=70

% 3.33+20.00 11.66+10.00 - - - 90.00+70.00

6. SC/ST 1+0 6+0 6+0 5+0 5+0 28+2 38+2=40

% 2.63+00.00 15.78+00.00 15.78+00.00 13.15+00.00 13.15+00.00 73.68+100.00

7. TOTAL
RESPONDENTS - - - - - - 367+44=411

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table No.5-30
Sr.No. Castes Urban Rural
1. No 29.30% 10.80%
2. Don't know 16.44% 6.08%
3. Can't say anything 5.68% 4.76%
Total 51.42% 21.64%
48.54% respondents from urban area and 78.34% respondents
from rural area respectively have confirmed that the Constitution of
India has abolished untouchability whereas ignorance reflected in No,
Don't Know and Can't say anything has reached the extent of 51.42%
in urban area’s respondents and 21.64% in rural area’s respondents
respectively. Thus the ignorance of respondents in urban areas about
Constitutional provision abolishing untouchability is higher than the
ignorance of respondents in rural areas about the said Constitutional
provision. But the case of people from rural areas is quite surprising
that they have surpassed their counter parts in urban area in this regard
as 78.34% respondents from rural area are having knowledge about
the Constitutional provision and only 21.64% respondents from rural
areas are found to be ignorant about Constitutional provision which
abolishes untouchability.
Responses were solicited on the belief system of the people about
touch-me-not-ism (untouchability). They were asked to indicate as to
what actually happens if a low caste person touches or accidentally comes
in touch with a person of a high caste. There responses are as under:-

360
 Table No.5.31
Feeling of pollution on mere touch of lower caste
Sr.No. Castes Urban Rural
1. OBC 11.25% 25%
2. Brahmin 9.96% Nil
3. Patel 3.33% 20%
4. SC/ST 2.63% Nil
5. Kshatriya 2.53% Nil
6. Vaishya Nil Nil
Average% - 4.95% 7.5%
4.95% respondents from urban area and 7.5% respondents
from rural areas respectively feel that touch or accidental contact of
the Dalits pollutes the Caste Hindus and OBCs and Brahmins are on
top in having such thinking and feeling. As can be seen in real life
situations, the OBCs observe more untouchability than other higher
and even the highest Caste Hindus even though the OBCs belong to
the "Shudra Varna" which is very low in the Varna and caste hierarchy.
Table No.5-32
Caste Hindus’ feeling of profanation and desecration on mere
touch of members of lower castes.
Sr.No. Castes Urban Rural
1. SC/ST 15.78% Nil
2. Patel 11.66% 10%
3. Brahmin 9.96% Nil
4. Kshatriya 6.32% Nil
5. OBC 2.5% Nil
6. Vaishya 1.69% Nil
Average % - 9.98% 1.66%
361
 Table No.5-33
Caste Hindus’ feeling of sin on mere touch of member of lower caste.
Sr.No. Castes Urban Rural
1. SC/ST 15.78% Nil
2. Brahmin 9.96% Nil
3. OBC 8.75% Nil
4. Patel Nil Nil
5. Vaishya Nil Nil
6. Kshatriya Nil Nil
Average% - 5.74% Nil

Table No.34
Caste Hindus feel that they incur heavenly wrath / displeasure.

Sr.No. Castes Urban Rural

1. SC/ST 13.15% Nil
2. OBC Nil 8.33%
3. Brahmin Nil Nil
4. Kshatriya Nil Nil
5. Vaishya Nil Nil
6. Patel Nil Nil
Average% - 2.19% 1.38%

362
 Table N o.35
All the above four degradations will happen to the caste Hindus
on mere touch of the members of the lower caste.

Sr.No. Castes Urban Rural

1. SC/ST 13.15% Nil
2. Brahmin 7.84% Nil
3. Kshatriya Nil Nil
4. Vaishya Nil Nil
5. OBC Nil Nil
6. Patel Nil Nil
Average% - 3.49% Nil

Table No.5-36
Nothing will happen due to touch of the members of the lowe castes.
Sr.No. Castes Urban Rural
1. Vaishya 98.30% 100%
2. Kshatriya 91.13% 100%
3. Patel 90% 70%
4. Brahmin 86.77% 100%
5. OBC 77.5% 66.66%
6. SC/ST 73.68% 100%
Average% - 86.23% 89.44%

363
 Table No.5-37
Summary Analysis:-
Sr.No. Urban Rural What Happens
1. 4.95% 7.50% Feeling of pollution.
2. 9.98% 1.66% Feeling of profanation and desecration.
3. 5.74% Nil Feeling of sin by caste Hindus.
4. 2.19% 1.38% Incurs heavenly wrath / displeasure
5. 3.49% Nil All above will happen.
6. 86.23% 89.44% Nothing from above will happen.
86.23% respondents from urban area feel that nothing will
happen if a low caste person touches or accidentally comes in contact
with any Caste Hindu. It is surprising that respondents with such
belief and feeling is highest in rural areas as compared to respondents
in urban area. 89.44% respondents in rural areas believe that nothing
happens by a touch or a contact of a low caste person to the Caste
Hindus.
22.86% respondents from urban areas and 10.54%
respondents from rural areas believe that touch or contact with low
caste persons will pollute them, or they will become impious and
desecrated or they will get sin or will incur heavenly wrath or
displeasure. It will be seen from above that attitude-wise and
awareness-wise rural people are more advanced than urban people. It
seems in rural areas greater change has come about despite lower
educational accomplishments of the people.
A very interesting picture emerges from the responses of the
respondents about remedy adopted by them on being polluted by the
untouchability in the past. The following tables show what exactly they
364
 TABLE NO. 5-38
REMEDY ADOPTED BY HIGH CASTES ON BEING POLUTED BY TOUCH OF LOWER CASTE PEOPLE

SR. CASTE & TOOK WATER SPRINKLED BY TOUCHED OTHER OTHER NOTHIN WAS TOTAL
NO. PERCENTAGE BATH PARENTS OR OTHERS RELIGIONER OR REMEDY DONE RESPONDENTS
YOU WERE ADVISED TO
DO SO
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 8+2 24+3 5+0 9+1 5+1 51+7=58

% 16.68+28.57 47.05+42.85 9.80+00.00 17.64+14.28 9.80+14.28

2. KSHATRIYA 7+1 41+3 7+1 15+3 9+3 79+11=90

% 8.86+9.09 51.89+27.27 8.88+9.09 18.98+27.27 11.39+27.27

3. VAISHYA 3+0 22+0 3(GAVE NO ANSERS) 25+1 6+1 59+2=61

365
% 5.08+00.00 37.28+00.00 5.08+00.00+00.00+ 42.37+50.00 10.16+50.00
00.00+00.00

4. OBC 10+4 26+6 7+0 30+0 7+2 80+12=92

% 12.5+33.33 32.5+50.00 8.75+00.00 37.5+00.00 8.75+16.66

5. PATEL 7+2 18+6 10+0 17+1 8+1 60+10=70

% 11.66+20.00 30.00+60.00 16.66+00.00 28.33+10.00 13.33+10.00

6. SC/ST 2+0 - - - 36+2(N.A.) 38+2=40

% 5.26+00.00 - - - 94.73+100.00

7. TOTAL
RESPONDENTS - - - - - 367+44=411

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
did on account of mere touch of a member of a Scheduled Caste to
purify their polluted bodies:-

Table No.5-39
Took bath to purify body polluted by mere touch of a lower caste
person.(Scheduled Caste)

Sr.No. Castes Urban Rural

1. Brahmin 16.68% 28.57%
2. OBC 12.5% 33.33%
3. Patel 11.66% 20%
4. Kshatriya 8.86% 9.09%
5. SC/ST 5.26% Nil
6. Vaishya 5.08% Nil
Average% - 10% 15.16%
Table No.5-40
Water sprinkled by parents or others to purify body polluted by
the mere touch of a Scheduled caste person.

Sr.No. Castes Urban Rural

1. Kshatriya 51.89% 27.27%
2. Brahmin 47.05% 42.85%
3. Vaishya 37.28% Nil
4. OBC 32.5% 50%
5. Patel 30% 60%
6. SC/ST Nil Nil
Average% - 33.12% 30.02%
366
 Table No.5-41
Touched member of other religion (Muslim) or were advised to
do so to remove the pollution caused by the mere touch of a
Scheduled caste person.

Sr.No. Castes Urban Rural

1. Patel 16.66% Nil
2. Brahmin 9.80% Nil
3. Kshatriya 8.88% 9.09%
4. OBC 8.87% Nil
5. Vaishya Nil Nil
6. SC/ST Nil Nil
Average% - 7.34% 1.51%

Table No.5-42
Other remedy to remove the pollution caused by the mere touch
of a member of a Scheduled caste.
Sr.No. Castes Urban Rural
1. Vaishya 2.37% 50%
2. OBC 37.5% Nil
3. Patel 28.33% 10%
4. Kshatriya 18.98% 27.27%
5. Brahmin 17.64% 14.28%
6. SC/ST Nil Nil
Average% - 24.13% 16.92%

367
 Table No.5-43
Nothing was done to purify the pollution caused by touch of a
member of a Scheduled caste.
Sr.No. Castes Urban Rural
1. SC/ST 94.73% 100%
2. Patel 13.33% 10%
3. Kshatriya 11.39% 27.27%
4. Vaishya 10.16% 50%
5. Brahmin 9.80% 14.28%
6. OBC 8.75% 16.66%
Average% - 24.69% 36.36%
Those Caste Hindus who believe that they are polluted by the
touch of an untouchable person have thus performed several purificatory
ceremonies and remedies by which they became pure again and it is
surprising that these age old beliefs and remedies are still in vogue not
only in Caste Hindus of rural areas but also in Caste Hindus from
urban areas. Most of respondents of our study are in younger age
group of 21-30 and 31 to 40 years of age and this goes against genereal
observations and beliefs that it is older people and not the younger
who are moer orthodox and believe in untouchability. This means that
the younger Caste Hindus, instead of forgetting caste and
untouchability, they still follow the same and also adopted unscientific,
illogical, superstitious and irrational methods for purifying their
polluted selves on mere touch or mere accidental contact of an
untouchable Dalit. It is shocking that they do not purify their bodies
after touching a dirty dog or a dirty pig but do go for purification of
368
their bodies after touch of even a most clean Dalit, even though at
times he might be cleaner than them.
This is what exactly suits and fits well in Dr. B.R. Ambedkar's
views on untouchability which are as under:-
"Once untouchable means untouchable for whole life, nothing
can purify his position. The Hindus who touch them (the untouchables)
and become polluted thereby can become pure by undergoing purificatory
ceremonies but there is noting which can make the untouchable pure. They
are born impure and they are impure while they live, they die the death
of impure and give birth to children who are born with stigma of
untouchability affixed to them. It is a case of permanent hereditary stain
which nothing can cleanse." -- Dr. BR Ambedkar.
Analysis in brief:-
Table No.5-44
Summary of remedies to remove pollution caused by touch of a Dalit.
Sr.No. Urban Rural Total Remedy adopted.
1. 10% 15.16% 25.26% Took bath.
2. 33.12% 30.02% 63.14% Water sprinkled by parents or others.
3. 7.34% 1.51% 8.85% Touched other religioner
(Muslim) or were advised to do so.
4. 24.13% 16.92% 41.05% Other remedies (Not specified,
kept secret)
5. 24.69% 36.36% 61.05% Nothing was done.
6. 74.59% 63.06% 137.65% Believed in untouchability &
as remedy, decided not to buy
victual from the Dalit
Shopkeepers.
369
 Look at the above scenario which emerged after scrutiny of
all responses of the respondents. It can be straightway confirmed that
24.69% respondents from urban areas and 36.36% respondents from
rural areas respectively do not believe that mere touch of an untouchable
can pollute or defile them. As against this, the number of believers in
untouchability is far greater i.e. 74.59% Caste Hindus believe in
untouchability and in misguided notions about untouchability and this
74.59% respondents are from urban areas whereas 63.61% Caste
Hindus from rural areas believe in untouchability and they had adopted
above methods to neutralise the effect of untouchability on their
persons. But again the findings are in favour of people of rural areas
as the number of believers in untouchability and adopting imaginary
and superstitious remedies to wipe out the impurity caused to them by
the touch of the Dalit is only 63.61% as against a very high percentage
of such believers in urban area i.e. 74.59%.
Throughout this work it is seen that the rural respondents are
seen to be more advanced in their thoughts, knowledge and attitudes as
compared to the urban respondents. This almost disproves the earlier
theories that industrialisation, urbanisation and education are the factors
which dent the fort of the age old untouchability, caste prejudices, Caste-
based practices and observance of aged old redundant ethos which are
against humanity by the Indian people of higher strata of society in the
caste hierarchy. Younger Indians still follow in the foot steps of their
parents and grand parents by following disgusting practices of purifying
themselves from the mere touch of the Dalits. If they are polluted by
the accidental touch of the Dalits, still they take bath, their parents,
relatives or others still sprinkle water on them to purify them. But the
370
third remedy is not only surprising but shocking as well. If Caste Hindus
are polluted by the touch / contact of the Dalits, they touch Muslims to
neutralise the pollution and then they believe and feel that they are
purified again. The Dalits are the members of their own religion i.e.
Hindu religion but their touch spoils, pollutes and defiles them but the
touch of Muslims, the other religioners does not pollute them but on
the contrary free them from pollution and defilement caused to them
by their own co-religioners, Dalits. Both an uniquely foolish and
insulting practice and purificatory remedy indeed!!
Only three remedies (1) taking bath (2) sprinkling of water
and (3) touch of a Muslim are indicated by the Caste Hindu respondents
for removal of pollution and defilement caused to them by the Dalits
due to untouchability but highest number of Caste Hindu respondents
indulged in fourth remedy also to purify their polluted and defiled selves
due to the touch of Dalits i.e. 24.13% Caste Hindu respondents from
urban areas and 16.92% Caste Hindu respondents from rural areas
respectively adopted "other remedy" which they have not disclosed,
not specified but kept the same as "Secret". It is implied that the Caste
Hindus might be adopting more remedial measures to purify themselves
from the pollution and defilement caused by the touch of Dalits but
they are seen hiding the same from others. It seems the other remedies
not disclosed by them might be very obnoxious, outrageous, abhorrent
and obstreperous and disclosure of the same perhaps may bring to them
disrepute and abasement and therefore, it so seems that they might not
have thought it fit and proper to make it public despite clear provision
made in the questionnaire.
The above findings indicate that how deep rooted is the social
371
problem of untouchability and its evill practice in many forms in
India which is against the social life of the lower caste people and
against the dignity of individual promised in the Prreamble of the
Constitution of independent of India.
After Gandhiji's assassination in 1948 and after Dr.B.R.
Ambedkar's sad demise in 1956, the efforts of removal of untouchability
from Indian social life have continuously been decreasing and at present
the same have come to a virtual standstill and the leaders now are only
talking and focussing their attention on reservation and very scantly
they talk about, or do not talk about at all, about removal of this squalor,
the practice of untouchability has left everywhere in all walks of Indian
life. It is unfortunate that the problem of untouchability is relegated in
the background and it is not being tackled in the way and in the spirit it
used to be tackled before independence by so many leaders and so many
social reformers all over the country. Now there are no social reformers,
only social workers left in the social arena of the country. Dr. Ambedkar
observed that “Every one who feels moved by the deplorable condition
of the untouchables begins by saying: “We must do something for the
untouchables”. One seldom hears any of the persons interested in the
problem saying: “Let us do something to change the Hindus”....Nothing
requires to be done to the Hindu. He is sound in mind, manners and
morals. He is whole, there is nothing wrong with him. He is not a
Sinner.26 He further observed that “untouchability may be misfortune
to the untouchables. But there is no doubt that it is a good fortune to
the Hindus. It gives them a class which they can look down upon. The
Hindus do not want a system in which nobody will be anybody. They
also do not want a system in which everybody may be somebody.They
372
want a system in which they will be somebodies and others will be
nobodies. The untouchables are nobodies. This makes the Hindus
somebodies. The system of untouchability sustains the natural pride
of the Hindus and make them feel as well as look big: This is an
additional reason why the Hindus are not likely to give up
untouchability particularly those large majority who are small man.”27
In his prophetic utterance Dr. Ambedkar also said when the
untouchability will end. “Untouchability will vanish only when the
whole of the Hindu Social Order, particularly the caste system will be
dissolved.”28
He also criticized the Indian Civil Service29whose members
are faithful to their class only. He said that India is ruled by the British
but administered by the Hindus. He stated that the Civil Service by
reason of its class bias is the friend of the Established Order and the
enemy of the New Order. The Civil Service believed in the Old
Established Order of the Hindus in which principle of equality had no
place. He also painfully said that “It would be better to be without
civilization than to be burdened and enshackled by such civilization....is
this Hindu civilization, the social heritage a burden or a benefit?30” He
further said,”Even Indians do not seem to realise the extent of
degradation and destitution that is involved in this system of
untouchability.31
It can, thus be seen how succinctly Dr. Ambedkar has made
eye opener observations about the grave social problem of
untouchability. The facts disclosed in this social research study about
prevalence of untouchability, remedial measures adopted by even young
and educated modern caste Hindus and social exclusion and non-
373
acceptance of Dalits by caste Hindus even to-day, both in urban and
rural areas amply demonstrate the correctness and validity of Dr.
Ambedkar’s above observations on untouchability.
-----------------------------------------------------------------------------------
References:-
1. Maharshi Dayanand Saraswati, Rig-ved,Hindi Bhashya, Purush
Sukta, 10th Mandal,Hymn No.90, Verse-12, Saarvdeshik Arya
Pratinidhi Sabha, Maharshi Dayanand Bhavan,Ramlila Maidan,
New Delhi-2,1976 ,p.899.
2. Sarkar P.C.,Hand book of Criminal Laws containing Criminal
Minor Acts, Oriental Law House, New Delhi,1990, p.962-963
3. Secretary to the Government of India, Ministry of Law, Justice and
Company Affairs, New Delhi, The Constitution of India,1999,
Part-IV,Directive Principles of State Policy, Vidhi Sahitya
Prakashan, Bharat Sarkar, Bharatiya Vidhi Sansthan Bhavan,
Bhagavandas Marg, New Delhi-110001, p.16-18
4.. Gazette of India (Extr.), Part-II, Section (3)(II) dt.31-3-1995 at 24.
5. News Item "Shame" The Hindustan Times, August 21,1994,
Sunday at 5.
6. Tapas Om Prakash, "Dalit Dulheki Ghori Chadne per Hamla" Nav
Bharat Times, June 9,1990 at 1.
7. Ibid,48 (Belchi).
8. Parliamentary Forum of SCs/STs,- Socio-Economic and Political
Status of the SCs and STs,1992 at 47.
9. Singh, Narendrakumar, "Sabak Sikhaneka Vashi Tarika," India
Today, August 15,1994 at 56.
10. Sethi, Lokpal, "Raped in custody father kills self," the Hindustan
374
 Times, December 20,1994 at 1.
11. Ravi, Atul Kumar, "Political Mileage out of Murder,"
The Hindustan Times, December 11, 1994 at 13 C-3.
12. Ambedkar, Dr.Baba Saheb, Writings and Speeches, Vol.7,
Education Department, Government of Maharashtra, Bombay-
400032, 1990, p.114.
13 Rig-ved, X. 22.8
14. Ambedkar, Dr. Baba saheb, Writings and Speeches, Vol.7,
Education Department, Government of Maharashtra, Bombay-
400032, 1990, p.266.
15. Ibid, p.267.
16. Ambedkar, Dr. B.R., The Untouchables, Who were they and why
they became Untouchables?,Amrit Book Co., Conaught Circus,
New Delhi,
October, 1948, Preface p. iv & v, and p.45.
17. Ibid, p.64.
18. Ambedkar, Dr. Baba Saheb, Writings and Speeches, Vol.7,
Education Department, Government of Maharashtra, Bombay-
400032,1990, p.314,315.
19. The Complete Works of Swami Vivekanand, Kolkata, 1985, Vol.II,
p.489
20. Ibid, Vol.V, p.215.
21. Dewan Bahadur K.S. Ramaswami Shastri, Hindu Culture and the
Modern Age, Annamalai University, 1956, p.113.
22. Chaudhary Nirad C., The Continent of Circe, New York, Oxford
University Press, 1965, p.60.
23. See Census of India (1911), Part-I, p.117.
375
24. website http://enwikipedia.org/scheduled and tribes
25. Ambedkar, Dr.Baba Saheb, Writings and Speeches, Vol.5
Education Department, Government of Maharashtra, Bombay-
400032,1989, p. 21-22.
26. Ibid, p.94
27. Ibid, p.102
28. Ibid, p.102
29. Ibid, p.104
30. Ibid, p.136
31. Ibid, p.138

376
 Chapter-6
Dalits’ Social acceptance and Social exclusion

As we have seen how the word “Dalit”, the new

identity for the “Ati-Shudra” came into being gradually
after they were variously named & called in the epic
times till the advent of Independence. The words
variously used were “Shudra”, “Ati-Shudra”, “Antya”,
“Antyaj” “Antyavasin,1” “Padja 2” and the “Pancham 3
Varna” (Untouchables) explained in later scriptures as
having come from the offspring of Shudra men and
Brahmin woman. The old name of the untouchables
earlier given was “Chandal. 4” Kautilya 5 forbids the
Chandalas to follow the custom of the Shudras. Almost
always the Chandalas were exhorted to be treated like
dogs and outcasts6. Apastamba regards it as an offence
even to speak to or look at a Chandala 7 . The
references to the Chandals in the Yajurveda clearly show
them to be a degraded people.8 The Chandalas were a
degraded group of aborigines. 9 The theory that the
Chandalas were the offspring of a Shudra father and a
Brahmin mother is questioned by G.S.Ghurye. He said,
“In the first place, it is difficult how a whole people
could be the outcome of illicit unions between Aryan
females and Sudra males. Secondly they are not the only

377
group described as degraded people in the Vedic
literature. The Paulkasas and Chandalas are referred to as
a despised race of men in the Brhadaranyaka. The use
of a derivative noun from Pulkasa shows the fixity of
the group. The term also occurs in later literature as the
name of the offspring of a Nishad or a Shudra by a
Kshatriya woman. Such a connection of Kshatriya
females, as a regular feature, is much more than can be
believed. It is more reasonable to hold that both these
groups, Chandala and Paulkasa, were sections of the
aborigines that were, for some reason or another,
particularly despised by the Aryans.”10 Then they were
known as the “untouchables”. In different Provinces, they
were called by different names. In 1921 Dr. Ambedkar
had given them the name of “Depressed class.” In 1932
they were given the name “untouchables” and the word “
untouchable” was also defined which we have seen
earlier. The term “Scheduled castes” was used for the
untouchables in Government of India Act, 1935 and the
same continues till date.

The other name given to the untouchables was “Harijan”.

The meaning of the word “Harijan” was “Children of
God.” The untouchables disliked the word because it also
means illegitimate children. This name was given by a

378
Gujarati poet Narsinh Mehta, from Junagadh, Saurashtra
region of Gujarat, to ascribe some respectability to the
untouchables who were previously addressed to or called
by very contemptuous caste names.

After the Constitution of India abolished

untouchability itself by Article 17, now noboday can be
addressed as untouchable. For research and academic
discussion, one can use it but in practical life, the word
“untouchable” is given an unceremonious good bye, by
the Constitution of India.

The word “untouchable” might have originated when

untouchability had originated in 600 A.D. Dr. B.R.
Ambedkar observed, “While untouchability did not exist
in 200 A.D., it had emerged by 600.”11 Gupta period
was the beginning of untouchability. The untouchables
were variously known in various provinces of India. In
West Bengal or Bengal, they were called, “Dushads,” in
South in certain provinces they were called “Mala” &
“Parriya,” in Maharastra they were called “Mahar,”
“Chamar,” “Matang” etc. Caste-based hatred & contempt
are the basis of untouchability.

The origin of the word “Dalit” is widely described

379
in website http://www.dalitchristians.com/Html/dalitmeaning.
htm which is as under :-

“The word “Dalit” has roots in Sanskrit where the

root “Dal” means to “Split, Crack, open”. This Indo-
European root appears in German & English in the
form of ‘Dal’ or ‘tal’, meaning cut. In English, “dale”
is a valley, a cut in the ground; in German, ‘that’: a
tailor who cuts, ‘to tell a tale’ is the same as ‘to cut
a tally’ the cut marks made by the shepherd on his staff
when counting sheep.

‘Dalit’ has come to mean things or persons who

are cut, split, broken or torn asunder, scattered, or
crushed and destroyed. By coincidence, there is in
Hebrew a root ‘dal’ meaning low, weak, poor. In the
Bible, different forms of this term have been used to
describe people who have been reduced to nothingness or
helplessness. The present usage of the term Dalit goes
back to the nineteenth century, when a Marathi social
reformer and revolutionary, Mahatma Jyotirao Phule
(1826-1890), used it to describe the outcastes and the
untouchables as the opressed and the broken victims of
our caste ridden society. Under the charistmatic leadership
of Dr. B.R.Ambedkar (1891-1956), this term gained

380
 greater importance & popularity. During the 1970s, the
followers of the Dalit Panther Movement of Maharashtra
gave currency to the term ‘Dalit’ as a constant reminder
of their age-old oppression, denoting, both their state of
deprivation and the people who are oppressed. This term
for them is not a mere name or title: for them it has
become an expression of hope, the hope of recovering
their past self-identity. The term has gained a new
connotation with a more positive meaning. It must be
remembered that Dalit does not mean Caste or low
Caste or poor; it refers to the deplorable state or
condition to which a large group of people has been
reduced by social convention and in which they are now
living.
Names of Dalits :-
The Dalits are called by differnt names in different
parts of the country. These names were given by the
Caste people for expression of contempt. They include:
Dasa, as Dasyu, Raksasa, Asura, Avarna, Nisada,
Panchma, Chandala, Harijan, untouchable. Each of these
name has a history and background. Besides these names,
there are number of other titles or names which have
been given to them at the level of the regional language.
For example Chura in Punjab (North West India), Bhangi
or Lal Beghi in Hindi (North India), Mahar in Marathi

381
(Central India), Mala in Telugu, Paraiya in Tamil and
Pulayan in Malayalam (South India). These names carry
within them the two term contrast of “We the Pure” and
“You the impure”.
The word “Dalit” has almost substituted all other
names & nomenclatures given so far to the former
untouchables. The world has found greater acceptance
among Dalits and non-Dalits both. In all Social &
political speeches and generl talks and discussions, now it
is seen that only “Dalit” word is used. If any ‘Dalit’
goes to any interior village & on being asked about his
Caste, he says “Anusuchit Jati” or the “Scheduled Caste”
no uneducated villager will come to know but if he says
he is a Dalit, quickly his identity will be clear to all
and hence it has gained acceptability and currency both,
yet it is not a Government recognized name of the
former untouchables. It is felt that the Government
should give recognition to this so popular a name for
easy identity and facility for all concerned.
The Dalits feel that even after enactment of so many
laws including Costitution of India and even after burning
of Manu Smruti and officially discarding Hindu Laws based
on Manu Smruti & other Smrutis, our position in society
has not improved so far as our acceptability is concerned.
Most of the times, British supported Brahmanis. They got
the Manu Smruti translated in English as “A Code of

382
 TABLE NO. 6-1
REGARDING SOCIAL ACCEPTABILITY
ARE YOU PREPARED TO ACCEPT DALITS ON SOCIAL OCCASIONS LIKE MARRIAGE, DEATH, MOURING MEETINGS, CELEBRATIONS OF FESTIVALS, GARBA,
BHAJANS(DEVOTIONAL SONGS’ ASSEMBLIES), EATTING OCCASIONS, CULTURAL PROGRAMMES, RELIGIOUS PROGRAMMES ETC. ?

SR. CASTE & YES IN WHICH MATTERS? NO IN WHICH MATTERS? IF THERE IS NO NOT WILLING TO BUS, TRAIN, PUBLIC TOTAL
NO. PERCENTAGE IN ALL MATTERS RELIGIOUS PROGRAMMES, ESCAPE TO ACCEPT DALITS ON GARDEN, TOILET, RESPONDENTS
GARBA, MOURNING, EATING TOGETHER, ACCEPT DALITS ANY OCCASION URINAL,
CULTURAL PROGRAMMES GARBA, MARRIAGE WE HAVE TO OCCASIONALLY
COMING IN CONTACT
OR SEATING
TO - GATHER, THAT
ALSO IS NOT
ACCEPTABLE
U-R U-R U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 28+3 10 (G.M.C.P) 11+1 R.F.E.G.M. 4+1 4+1 4+1 51+7=58

% 54.90+42.85 19.60+00.00 21.56+ 7.84+1.96 7.84+1.96 7.84+1.96
14.28

2. KSHATRIYA 63+11 13+3 16+0 E.M.F. 4+0 3+0 1+0 79+11=90

% 79.74+100.00 16.45+27.24 20.25+ 5.6+00.00 3.79+00.00 1.26+0.00

383
00.00

3. VAISHYA 47+2 16+0 11+1 MARRIAGE 3+0 5+1 - 59+2=61

% 79.66+100.00 27.11+00.00 18.64+ 5.08+00.00 8.45+50.00 -
50.00

4. OBC 54+12 16+2 13+0 ALL MATTERS 11+0 10+0 7+0 80+12=92
% 67.5+100.00 20.00+16.66 16.25+ 13.75+00.00 12.5+00.00 8.75+00.00
00.00

5. PATEL 36+9 9+0 23+1 IN ALL MATTERS 15+0 11+1 3+0 60+10=70
% 60.00+90.00 15.00+00.00 38.33+ 25.00+00.00 18.33+10.00 5.00+00.00
10.00

6. SC/ST N.A. - - - - - - 38+2=40

38+2
% 100.00+100.00 - - - - - -

7. TOTAL - - - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
Gentoo Laws” as this book served as a law book for
providing justice to the Hindus. The Pandits were
associated with British Judges to administer the Civil Laws
of Hindus. No doubt after all the Constitutional safe
guards & protection, we have made progress in terms of
our advancements in life but social aspect is yet missing &
we have not wholeheartedly been accepted by the Caste
Hindus, feel the Dalits. The Dalits feel that they are
tolerated but not accepted. With this prevailing social
hypothesis now we analyse the ground realities based on
empirical data. We classify data in ascending order. We also
analyse who do not want to accept, accept under
helplessness, conditional acceptance & who wholeheartedly
accept etc.as indicated in the following tables:-

Table N0.6-2
Not willing to accept Dalits on any occasion.

Sr.No. Caste Urban Rural

1. Patel 18.33% 10.00%
2. OBC 12.50% Nil
3. Vaishya 8.45% 50.00%
4. Brahmin 7.84% 1.96%
5. Kshatriya 3.79% Nil
6. SC/ST N.A. N.A.
Average% - 10.18% 12.39%

384
 The severity & intensity of dishike for the Dalits
by the Patels is the highest. 18.33% Patels from urban
area and 10.00% Patels from rural area respectively do
not want to accept Dalits on any occasions. The Patels
occupy top rank in aversion of Dalits though their own
social standing is not praiseworthy as they are the
“Shudras” as per Hindu scriptures. Next comes OBCs.
They are aso “Shudras” as per Hindu Scriptures but their
aversion for Dalits is equally strong as 12.5% OBCs
from urban areas do not want to accept Dalits on any
occasion. The Vaishyas, whose religion Jainisam preaches
and teaches non-violence & equality for all, are not
prepared to accept Dalits on any occasions. 8.45%
Vaishyas from urban area and 50.00% Vaishyas from
rural areas respectively do not want to accept the Dalits
at all.
7.84% Brahmins from urban area and 1.96%
Brahmins from rural areas respectively are not willing to
accept the Dalits on any social occasions. Similarlly
3.79% Kshatriyas from urban area are not willing to
accept Dalits on any occasions.
This shows the extent of antipathy, contempt, hatred
& very strong sense of aversion against Dalits by above
Caste Hindus which is engrained in them by the priestly
Castes, clerics & the scriptures written by them.

385
 On an average 10.18% Caste Hindus from urban
area and 12.39% Caste Hindus from rural areas
respectively are not willing to accept Dalits on any
occasion. They, thus do not want any social interaction
with the Dalits and want to exclude Dalits totally from
all social occasions. It seems that they are so firm, so
resolute, that nothing can change their minds or hearts as
they are highly prejudiced lot.
Then comes a group of people who are yet more
rigid, Casteist and hard nut to crack type who do not
want to tolerate even the presence of Dalits in toilet/
urinal block, bus, train, public garden etc. This group of
Hindus can be easily termed as “Caste Hindu
fundamentalists.” They are as under :-
Dalits are not acceptable even in Bus, Train, Public
Garden, Toilet, common Urinal like in cinema house,
occasionally coming in contact or even seating
together is also not acceptable.
Table N0.6-3
Non-acceptance of Dalits in various
places mentioned above.

Sr.No. Caste Urban Rural

1. OBC 8.75% Nil
2. Brahmin 7.84% 1.96%
3. Patel 5.00% Nil
4. Kshatriya 1.26% Nil

386
5. Vaishya - -
6. SC/ST N.A. N.A.
Average% - 5.71% 0.49%

The OBCs are seen as spearheading & leading anti

acceptance theory as 8.75% OBCs from urban areas are
not even ready to accept Dalits even in toilet & urinal
for example, say cinema house’s toilet & urinal. Such
coming together is just momentary for a couple of
minutes but that too is not acceptable by 8.75% OBCs
& that too from urban area. Urban Brahmins, supposed
to be highly educated and modern also nurtures anti-
Dalit hatred & disliking as the OBCs are nurturing and
the percentage of Brahmins in this regard is 7.84% and
01.96% Brahmins from rural area also hold the same
contemptuous belief against the Dalits.

5.00% Patels & 1.26% Kshatriyas respectively from

urban area too have almost zero tolerance of Dalits even
in purely momentary contacts like urinal & toilet, Bus,
Train, Garden etc.places.

Then comes the category of Caste Hindus who by

sheer force of circumstances, most hesitantly would
accept Dalits if there is no way out. Due to their own
helplessness, hesitatingly they will come to terms with
the compelling circumstances. Such acceptance is not

387
coming from within and hence it is as good as or as
bad as no-acceptance. Their percentage is as under:-
Table N0. 6-4
Dalits acceptable if no way out.

Sr.No. Caste Urban Rural

1. Patel 25.00% Nil
2. OBC 13.75% Nil
3. Brahmin 7.84% 1.96%
4. Vaishya 5.08% Nil
5. Kshatriya 5.60% Nil
6. SC/ST N.A. N.A.
Average% - 11.45% 0.39%

The 25.00% Patels from urban area would accept

Dalits only under compulsion. If there is no compulsion
or compelling factors & alternatives are available which
can easily exclude Dalits, then they will go for the same
but would not like to accept the Dalits. Similarly in
descending order 13.75% OBCs, 7.84% Brahmins 5.08%
Vaishyas and 5.60% Kshatriyas all from urban area
respectively would accept Dalits if there is no other
remedy available. This is in fact as good as no
acceptance at all. 1.96% Brahmins from rural areas also
have the same negative attitude in the matter of
acceptance of Dalits. On an average 11.45% Caste
Hindus from urban area & 0.39% Caste Hindus from

388
 rural areas will accept Dalits only if there is no way
out. If they can escape from this dilemma of accepting
Dalits, they would certainly like to do it.

The following percentage of Caste Hindus very

frankly, boldly, firmly and forthrightly said that they do
not want to accept “Dalits”. They are as under :-

Table No.6-5
Dalits not acceptable in certain matters.
Sr.No. Caste Urban Rural Matters in which
not acceptable.
1. Patel 38.33% 10.00% In all matters
2. Brahmin 21.56% 14.28% Religion, festivals,
eating together,Garba,
Marriage.
3. Kshatriya 20.25% Nil Eating together,
Marriage, Festivals.
4. Vaishya 18.64% 50.00% Marriage
5. OBC 16.25% Nil In all matters
6. SC/ST N.A. N.A. N.A.
Average% 23.00% 14.85% -

The 38.33% Patels from urban area & 10.00%

Patels from rural areas respectively, in all matters they
do not want to accept Dalits. Next comes Brahmins
21.56% Brahmins from urban area and 14.28% Brahmins
from rural areas respectively do not want to accept
389
Dalits in religious matters, festivals, eating to-gether,
garba & Marriage. Almost all matters are covered in
which Brahmins want the social exclusion of Dalits.

20.25% Kshatriyas from urban area do not want to

accept Dalits in matters of eating to-gether, marriage &
festivals. This also encompasses almost everything.

18.64% Vaishyas from urban area & 50.00%

Vaishyas from rural areas respectively do not want to
accept Dalits in marriage ceremonies. They are thus
found a bit liberal in accepting Dalits but the acceptance
is not all inclusive but exclusive in nature.

16.25% OBCs from urban areas do not want to

accept Dalits in all matters. It seems, they are competing
with the Patels in this regard. They believe in total
exclusion of Dalits from all social matters. Though they
themselves occupy the “Shudra” slot in the Caste
hierarchy and they themselves faced tremendus
discrimination & exclusion in both varna system & Caste
system, despite that instead of sympathising with the
“Dalits” they have exibited antipathy against them is an
irony of social fact.

Average 23.00% Caste Hindus from urban areas &

14.85% Caste Hindus from rural areas respectively do

390
 not want to accept Dalits in matters indicated against
them in the above Table.

The last question comes as to who and how many of

them want to accept Dalits which is indicated as under:-
Table N0.6-6
How many Caste Hindus are willing to accept Dalits &
in which matters?

Sr. Caste Urban Rural Matters Urban Rural

No.
1. Kshatriya 79.74% 100.00% GARBA, MOU- 16.45% 27.24%
RNING MEETINGS,
CULTURAL
PROGRAME

2. Vaishya 79.66% 100.00% -DO- 27.11% Nil

3. OBC 67.5% 100.00% GARBA, MOU- 20.00% 16.66%
RNING MEETINGS,
CULTURAL
PROGRAME

4. Patel 60.00% 90.00% GARBA, MOU- 15.00% Nil

RNING MEETINGS,
CULTURAL
PROGRAME

5. Brahmin 54.90% 42.85% GARBA, MOU- 19.60% Nil

RNING MEETINGS,
CULTURAL
PROGRAME

6. SC/ST N.A. N.A. N.A. N.A. N.A.

Average% 68.36% 86.57% - 19.63% 8.78%

The above picture, on the first sight, appears to be

cosy as 79.74% Kshatriyas from urban areas & 100.00%
391
Kshatriyas from rural areas are prepared to accept Dalits
but they qualify their preparedness for acceptance of
Dalits only in the matters of garba, mourning & cultural
programmes and they do not want or are not prepared to
accept Dalits on all social occasions like marriage,
meetings, other festivals, Bhajan (Assembly for devotional
songs) eating occasions, religious programmes etc. so the
actual percentage of preparedness to accept Dalits by
Kshatriyas is only 16.45% in urban areas & 27.24% in
rural area.

Similarly 79.66% Vaishyas from urban area &

100% Vaishyas from rural areas are prepared to accept
Dalits but they all are craftly & expertly cought in the
cobweb when after affirming acceptance, the details of
matters in which their preparedness was to accept, then
they faltered suddenly and limited their acceptance only
to 3 things mainly, (1) Garba (2) Mourning & (3)
Cultural programmes and not unequivocal acceptance in
all matters. Same is the case with OBCs, Patels &
Brahmins. So real acceptance average percentage is not
68.36% in urban areas & 86.57% in rural areas
respectively but 19.63% in urban areas & 8.78% in rural
areas respectively after application of theory of exclusion
as per their convenience.

Now, let us see the acceptance level of Dalits by

the Caste Hindus as under :-

392
 Table N0.6-7
Average percentage of acceptance by all Caste Hindus.

Sr.No. NOT WILLING NOT ACCEPTABLE NOT ACCEPTABLE AVERAGE ACCEPTE-

TO ACCEPT EVEN IN ACCEPTABLE IF NO WAY NON -BLE IN

DALITS ON TOILET & OUT ACCEPTABILITY THREE
ANY OCCASION. URINALS ETC. MATTERS;
GARBA,
MOURNING
& CULTURAL
PROGRAMMES

1.
URBAN 10.18% 5.71% 23.00% 11.45% 50.34% 19.63%

2.
RURAL 12.39% 0.49% 14.85% 0.39% 28.12% 8.78%

Thus, only 19.63% Caste Hindus from urban areas

and 8.78% Caste Hindus from rural areas are
respectively partially prepared to accept Dalits and that
too only in three matters namely:- (1) Garba (2)
Mourning and (3) Cultural programmes. It is clearly
visible that theory of social exclusion is at its peak.

To 80.37% Caste Hindus in urban areas and

91.22% Caste Hindus in rural areas respectively the
Dalits are not acceptable at all. The 50.34% Caste
Hindus in rural areas have clearly indicated that the
Dalits are not acceptable to them & rest have not
expressed any opinion and left the options unticked
which is treated as negative opinion because positive
opinion they readily expressed but negative opinion, some
of them as mentioned above, have ignored to express or
tick against the option.

393
 68.36% Caste Hindus from urban areas & 86.57%
Caste Hindus from rural areas respectively indicated their
acceptance of Dalits was deceptive & illusory which is
proved in foregoing paragraphs by offering options about
acceptability of Dalits by them & then they faltered one
by one and finally restricted themselves to 3 items only
wherein they are prepared to accept Dalits & thus they
excluded Dalits from all other social matters so far as
their acceptance of Dalits was concerned.

The Dalits’ theory & feeling that they are tolerated

but not accepted is thus proved correct on the basis of
above empirical facts gathered from the people from the
field.

It was a hypothesis that the Caste Hindus prefer

Adivasis (STs) on Dalits (SCs). To explore and find out
the facts a question was asked to the Caste Hindus that
out of Dalits & Adivasis, whom they have no objection
to accept in social matters like marriage, death, mourning
meetings, celebrations of festivals, garba, Bhajan
(Assembly for Devotional songs), religious programmes
etc.

Their responses percentage-wise are analysed as

under:-

394
 TABLE NO. 6-8
OUT OF DALITS AND ADIVASIS, WHOM DO YOU HAVE NO OBJECTION TO ACCEPT IN ABOVE
SOCIAL MATTERS ?

SR. CASTE & DALITS(SCs) ADIVASIS(STs) BOTH NONE OF THEM NOT APPLICABLE TOTAL
NO. PERCENTAGE RESPONDENTS
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 4+0 2+1 35+5 10+1 - 51+7=58

% 7.84+00.00 3.92+14.28 68.62+71.42 19.60+14.28 -

2. KSHATRIYA - 3+0 64+10 12+1 - 79+11=90

% - 3.79+0.00 81.01+90.90 15.18+9.09 -

3. VAISHYA 3+0 4+0 43+1 9+1 - 59+2=61

395
% 5.08+0.00 6.77+00.00 72.88+50.00 15.25+50.00 -

4. OBC 9+0 9+2 52+10 10+0 - 80+12=92

% 11.25+00.00 11.25+16.66 65.00+83.33 12.5+00.00 -

5. PATEL 9+0 5+0 37+9 9+1 - 60+10=70

% 15.00+00.00 8.33+00.00 61.66+90.00 15.00+10.00 -

6. SC/ST - - - - 38+2 38+2=40

% - - - - 100.00+100.00

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table N0.6-9
No objection for both of them, Dalits & Adivasis.

Sr.No. Caste Urban Rural

1. Kshatriya 81.01% 90.90%
2. Vaishya 72.88% 50.00%
3. Brahmin 68.62% 71.42%
4. OBC 65.00% 83.33%
5. Patel 61.66% 90.00%
6. SC/ST N.A. N.A.
Average% - 69.83% 77.13%

Table N0.6-10
None of them is acceptable. Objection in both of them.

Sr.No. Caste Urban Rural

1. Brahmin 19.60% 14.28%
2. Vaishya 15.25% 50.00%
3. Kshatriya 15.18% 9.00%
4. Patel 15.00% 10.00%
5. OBC 12.50% Nil
6. SC/ST N.A. N.A.
Average% - 15.50% 16.65%

Table N0.6-11
No objection for Dalits.

Sr.No. Caste Urban Rural

1. Patel 15.00% Nil

396
2. OBC 11.25% Nil
3. Brahmin 7.84% Nil
4. Vaishya 5.08% Nil
5. Kshatriya - -
6. SC/ST N.A. N.A.
Average% - 7.83% Nil

Table N0.6-12
No objection for Adivasis.

Sr.No. Caste Urban Rural

1. OBC 11.25% 16.16%
2. Patel 8.33% Nil
3. Vaishya 6.77% Nil
4. Brahmin 3.92% 14.28%
5. Kshatriya 3.79% Nil
6. SC/ST N.A. N.A.
Average% - 6.81% 5.07%

69.83% Caste Hindus from urban area & more

than that i.e. 77.13% Caste Hindus from rural area have
no objection in accepting both Dalits & Adivasis in
social matters. 15.50% Caste Hindus from urban area
and 16.65% Caste Hindus from rural area have objection
in accepting both Dalits & Adivasis and hence they have
expressed “none of them” is acceptable to them. 7.83%
Caste Hindus in urban areas have preferred Dalits over

397
Adivasis in which they have no objection in accepting
them on social occasions whereas such acceptance of
Adivasis in urban areas is 6.81%. A slight 1.02%
advantage to Dalits over Adivasis in urban areas but in
rural areas Dalits were totally non-acceptable whereas
5.07% in rural area Caste Hindus have identified
themselves with the Adivasis. Thus, finally, the Adivasis
find more acceptance i.e. 11.88% combined (Both urban
& rural) whereas the Dalits acceptance is only 7.83%.
Thus average acceptance of Adivasis is on higher scale
than Dalits by 4.05%.

Thus, the untouchability factor seems to have

played its role. No untouchability is practised against
the Adivasis but the same is practised against the Dalits
both in urban & rural areas. The Adivasis can draw
water from village well but the Dalits can not do it or
they are not permitted to do it by the Caste Hindus. So,
the general hypothesis that the Adivasis are more
acceptable than Dalits is clearly proved in this empirical
social study i.e. only because Adivasis are not Hindus.
So non-Hindus can be acceptable but not their brethren
of the same religion.

It was considered to be pertinent to find out as to

what was the objection of the Caste Hindus in various
social & other matters related with them and with the
Dalits. The concealed objection, aversion, dislike and

398
 TABLE NO. 6-13 ‘ MATTERS OF OBJECTION FOR SOCIAL ACCEPTANCE ’

SR. CASTE & DALIT WEDS CASTE HINDU OBJECTION IF DALIT IF DALIT IF DALIT IF CASTE HINDU & IF DALIT IF DALIT IF DALIT
NO. PERCENTAGE CASTE HINDU WEDS DALIT IN 1& 2 BOTH RESIDES IN BURIES/CREMATES GIRL PARTI- DALIT PARTICI- ENTERS INTO ENTERS IN ENTERS
GIRL GIRL CASTE HINDU HIS DEAD CIPATES IN A -PATE IN COMMU- YOUR HOUSE TO YOUR INTO
AREA OR NEAR & DEAR ONE CASTE HINDU NITY MEALS. KITCHEN TEMPLE
SOCIETY IN A CASTE HINDU GARBA IN VILL-
CREMATORIUM -AGE OR CITY
U-R U-R U-R U-R U-R U-R U-R U-R U-R U-R
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

1. BRAHMIN 10+3 8+3 18+3 9+0 6+0 5+0 8+1 10+0 12+1 6+0
% 19.60+42.85 15.68+42.85 35.29+42.85 17.64+00.00 11.76+00.00 9.80+00.00 15.68+14.28 19.60+00.00 23.52+14.28 11.76+00.00
2. KSHATRIYA 23+3 20+4 14+2 4+1 6+0 5+0 5+1 5+1 13+0 2+0
% 29.11+27.27 25.31+36.36 17.72+18.18 5.06+9.09 7.59+00.00 6.32+00.00 6.32+9.09 6.32+9.09 16.45+00.00 2.53+00.00
3. VAISHYA 18+1 22+1 7+0 3+0 4+0 4+0 3+0 2+0 4+0 1+0
% 30.50+50.00 37.28+5.00 11.86+00.00 5.08+00.00 6.77+00.00 6.77+00.00 5.8+00.00 3.38+00.00 6.77+00.00 1.69+00.00
4. OBC 23+5 22+5 - 7+2 7+3 3+2 7+2 8+2 6+2 4+2
% 28.75+41.60 27.5+41.60 - 8.75+16.66 8.75+25.00 3.75+16.66 8.75+16.66 10.00+16.66 7.5+16.66 5.00+16.66
5. PATEL 19+6 11+4 - 6+0 4+0 3+0 4+0 4+0 4+0 5+0
% 31.66+60.00 18.30+40.00 - 10.00+00.00 6.66+00.00 5.00+00.00 6.66+00.00 6.66+00.00 6.66+00.00 8.33+00.00
6. SC/ST 1+1 2+0 1+0 - - - - - - -
% 2.63+50.00 5.26+00.00 2.63+00.00 - - - - - - -
7. TOTAL - - - - - - - - - -

399
SR. CASTE & IF DALIT IF DALIT GETS NO OBJECTION OBJECTION IN NOT APPLICABLE TOTAL
NO. PERCENTAGE ENTERS GOOD/HIGH IN ANY OF ALL ABOVE BEING SC/ST RESPONDENTS
INTO THE JOB/SERVICE ABOVE
SANCTUM
SANCTORUM
OF THE TEMPLE
U-R U-R U-R U-R U-R U-R-T

11. 12. 13. 14. 15.

1. BRAHMIN 6+1 12+0 33+5 6+0 - 51+7=58

% 11.76+14.28 11.70+00.00 64.70+71.42 11.76+00.00 -
2. KSHATRIYA 1+0 3+0 49+7 4+0 - 79+11=90
% 1.26+00.00 3.79+00.00 62.2+63.63 5.6+00.00 -
3. VAISHYA 3+0 3+0 47+1 2+0 - 59+2=61
% 5.08+00.00 5.8+00.00 79.66+50.00 3.38+00.00 -
4. OBC 6+2 3+2 44+9 4+2 - 80+12=92
% 7.5+16.66 3.75+16.66 55.00+75.00 5.00+16.66 -
5. PATEL 3+0 3+0 37+4 4+0 - 60+10=70
% 5.00+00.00 5.00+00.00 61.66+40.00 6.66+00.00 -
6. SC/ST - - 28+1 - 6+0 38+2=40
% - - 73.68+50.00 - 15.78+00.00
7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) I.C.M. Inter-Caste marriage (3) T = Total (4) + = Rural respondents and their percentage
contempt and at times disgust have come to the fore
from the analysis of their responses as under :-

Table N0.6-14
Dalit weds Caste Hindu’s girl.
Note:-Percentage of objection. Stronger the objection,
higher the rank in all the tables.
Level of objection.

Sr.No. Caste Urban Rural

1. Patel 31.66% 60.00%
2. Vaishya 30.50% 50.00%
3. Kshatriya 29.11% 27.27%
4. OBC 28.75% 41.60%
5. Brahmin 19.60% 42.85%
6. SC/ST 2.63% 50.00%
Average% - 23.70% 45.28%

Table N0.6-15
Caste Hindu weds Dalit girl.
Level of objection

Sr.No. Caste Urban Rural

1. Vaishya 37.28% 5.00%
2. OBC 27.5% 41.60%
3. Kshatriya 25.31% 36.36%
4. Patel 18.30% 40.00%
5. Brahmin 15.68% 42.85%
6. SC/ST 5.26% Nil
Average% - 21.55% 27.63%
400
 Table N0.6-16
Objection in 1 & 2 both

Sr.No. Caste Urban Rural

1. Brahmin 35.20% 42.85%
2. Kshatriya 17.72% 18.18%
3. Vaishya 11.86% Nil
4. SC/ST 2.63% Nil
5. OBC - -
6. Patel - -
Average% - 11.23% 10.17%

Table N0.6-17
If Dalits resides in Caste Hindus’ area or society.(Objection)

Sr.No. Caste Urban Rural

1. Brahmin 17.66% Nil
2. Patel 10.00% Nil
3. OBC 8.75% 16.16%
4. Vaishya 5.08% Nil
5. Kshatriya 5.60% 9.09%
6. SC/ST N.A. N.A.
Average% - 9.30% 5.05%

Table N0.6-18
If Dalit buries/cremates his dead near and dear one in a
Caste Hindus’ burial ground or crematorium. (Objection)

401
 Sr.No. Caste Urban Rural
1. Brahmin 11.76% Nil
2. OBC 8.75% 25.00%
3. Kshatriya 7.59% Nil
4. Vaishya 6.77% Nil
5. Patel 6.66% Nil
6. SC/ST N.A. N.A.
Average% - 8.30% 5.00%

Table N0.6-19
If Dalit girl participates in a Caste Hindus’ Garba in
village or in city. (Objection)

Sr.No. Caste Urban Rural

1. Brahmin 9.80% Nil
2. Vaishya 6.77% Nil
3. Kshatriya 6.32% Nil
4. Patel 5.00% Nil
5. OBC 3.75% 16.66%
6. SC/ST N.A. N.A.
Average% - 6.32% 3.33%

Table N0.6-20
If Caste Hindus and Dalits participate in community
meals. (Objection)
Sr.No. Caste Urban Rural
1. Brahmin 15.68% 14.28%
402
 2. OBC 8.75% 16.66%
3. Patel 6.66% Nil
4. Kshatriya 6.32% 09.09%
5. Vaishya 5.80% Nil
6. SC/ST N.A. N.A.
Average% - 8.64% 8.00%

Table N0.6-21
If a Dalit enters into your house. (Objection)

Sr.No. Caste Urban Rural

1. Brahmin 19.60% Nil
2. OBC 10.00% 16.66%
3. Patel 6.66% Nil
4. Kshatriya 6.32% 9.09%
5. Vaishya 3.38% Nil
6. SC/ST N.A. N.A.
Average% - 9.19% 5.15%

Table N0. 6-22

Objection over Dalit’s entry in upper caste’s kithcen.
Sr.No. Caste Urban Rural
1. Brahmin 23.52% 14.28%
2. Kshatriya 16.45% Nil
3. OBC 7.50% 16.66%
4. Vaishya 6.77% Nil
5. Patel 6.66% Nil
6. SC/ST N.A. N.A.
Average% - 12.19% 6.18%

403
 Table N0.6-23
Dalit’s temple entry (Objection)

Sr.No. Caste Urban Rural

1. Brahmin 11.76% Nil
2. Patel 8.33% Nil
3. OBC 5.00% 16.66%
4. Kshatriya 2.53% Nil
5. Vaishya 1.69% Nil
6. SC/ST N.A. N.A.
Average% - 5.86% 3.33%

Table N0.6-24
Dalit enters into the sanctum sanctorum of the temple.(Objection)

Sr.No. Caste Urban Rural

1. Brahmin 11.76% 14.28%
2. OBC 7.50% 16.66%
3. Vaishya 5.08% Nil
4. Patel 5.00% Nil
5. Kshatriya 1.26% Nil
6. SC/ST N.A. N.A.
Average% - 6.12% 6.18%

Table N0.25
If Dalit gets good/high job/ service.(Objection)
Sr.No. Caste Urban Rural
1. Brahmin 11.70% Nil
2. Vaishya 5.80% Nil
404
3. Patel 5.00% Nil
4. Kshatriya 3.79% Nil
5. OBC 3.75% 16.66%
6. SC/ST N.A. N.A.
Average% - 6.00% 3.33%
Table N0.6-26
No objection in any of above 1 to 12 matters.

Sr.No. Caste Urban Rural

1. Vaishya 79.66% 50.00%
2. Brahmin 64.70% 71.42%
3. Kshatriya 62.20% 63.63%
4. Patel 61.66% 40.00%
5. OBC 55.00% 75.00%
6. SC/ST N.A. N.A.
Average% - 64.64% 60.01%

Table N0.6-27
Objection in all above 1 to 12 matters.

Sr.No. Caste Urban Rural

1. Brahmin 11.76% Nil
2. Patel 6.66% Nil
3. Kshatriya 5.60% Nil
4. OBC 5.00% 16.66%
5. Vaishya 3.38% Nil
6. SC/ST N.A. N.A.
Average% - 6.48% 3.33%

405
 The acid test of acceptability of Dalits by the
Caste Hindus is designed in this question which
elaborately covers salient features, prominent ingredients of
relevant social parameters. Dr. B.R.Ambedkar had said, “I
am convinced that the real remedy is inter marriage. The
real remedy for breaking Caste is inter marriage. Nothing
else will serve as the solvent of Caste. It is a direct
and frontal attack”

Now let us see how intercaste marriage is objected

to not only by Caste Hindus but by the Dalits also.
With 31.66% Patels from urban areas & 60.00% Patels
from rural areas respectively have objection for inter-caste
marriages. The Patels are on top to oppose inter-caste
marriages. The Vaishyas, Kshatriyas, OBCs, Brahmins &
SCs/STs followed suit. Average 23.70% from urban area
& 45.38% from rural areas object to the wedding of a
Dalit with Caste Hindu girl. Surprisingly 2.63%
Scheduled Castes from urban area & 50.00% Scheduled
Castes from rural area have also objected to the inter-
caste marriage between a Dalit boy & a Caste Hindu
girl.

What happens if Dalit girl weds Caste Hindu boy?

This is also objected to by 21.55% urban Hindus &
27.63% rural Hindus including the SCs/STs. Thus total
45.25% urban Hindus & 72.90% rural Hindus including

406
SCs/STs object to inter-caste marriage be it “Anulom”
marriage or be it “Pratilom” marriage. If responses of
point 3 i.e. objection in 1&2 both are added then the
percentage of opposition to inter-caste marriages go very
high i.e. 56.49% in urban areas & 83.07% in rural
areas respectively people object to such inter-caste
marriages. Residing by a Dalit in Caste Hindu area or
society is objected to by 9.30% Caste Hindus from
urban area & 5.05% Caste Hindus from rural area
respectively. The Brahmins are the toppers in raising the
banner of objection. Sharing of crematorium by Dalits
with Caste Hindus is objected to by 8.30% Caste
Hindus from urban area & 5.00% Caste Hindus from
rural areas respectively. Again the Brahmins are the
toppers in raising the banner of objection.

Participation in a Caste Hindus’ Garba by a Dalit

girl is objected to by 6.32% Caste Hindus from urban
area and 3.33% Caste Hindus from rural areas
respectively. Again Brahmins are the toppers in raising
the banner of objection.

Participation in community meals by Dalits & Caste

Hindus are objected to by 8.64% Caste Hindus from
urban area & 8.00% Caste Hindus from rural area
respectively. Again Brahmins are the toppers in raising
the banner of objection.

407
 Entry into Caste Hindus house by a Dalit is
objected to by 9.19% Caste Hindus from urban area &
5.15% Caste Hindus from rural area respectively. Again
Brahmins are the toppers in raising the banner of
objection.

Entry into the kitchen of Caste Hindu by a Dalit

is objected to by 12.19% Caste Hindus from urban area
6.18% Caste Hindus from rural area respectively. Again
Brahmins are the toppers in raising the banner of
objection.

Entry into the temple by a Dalit is objected to by

5.86% Caste Hindus from urban area & 3.33% Caste
Hindus from rural area respectively. Again Brahmins are
the toppers in raising the banner of objection.

Entry into the Sanctum Sanctorum of a temple by

Dalit is objected to by 6.12% Caste Hindus from urban
area & 6.18% Caste Hindus from rural areas respectively.
Again Brahmins are the toppers in raising the banner of
objection.

The Dalit getting a good/high job/service is

objected to by 6.00% Caste Hindus from urban area &

408
3.33% Caste Hindus from rural areas respectively. Again
Brahmins are the toppers in raising the banner of
objection. Even though getting job is not polluting the
personal establishment of Caste Hindus like their houses,
their temples, its sactum sanctorum despite that out of
caste hatred, jealousy and contempt, the Caste Hindus
object to this innocuous matter.

In point No. 13, no objection in any of above 12

matters is not at all correct. In this point 64.64% Caste
Hindus from urban area & 60.00% Caste Hindus from
rural area have boastfully stated that they do not have
any objection in any matters listed as 1 to 12. This
seems to be a face saving device adopted by them as
128.4% Caste Hindus from urban area and 125.3 %
Caste Hindus from rural area respectively have already
registered their protest & objection in all matters covered
in above 1 to 12 points.

Objection in all above 1 to 12 points may be

correct as 6.48% Caste Hindus from urban area and
3.33% Caste Hindus from rural area respectively objected
to in all matters listed as 1 to 12 above. Again here
also Brahmins are the toppers in raising the banner of
objection.

So any programme aimed at improvement of social

409
 TABLE NO. 6-28
PARTICIPATION IN A DALIT SOCIAL FUNCTION (BIRTH, MARRIAGE, DEATH,
BARMU, BHOJAN, BHAJAN, PARTY)

SR. CASTE & YES SOME TIMES MANY TIMES NO, NEVER YES, AS A IT ADVERSELY RESONS OF TOTAL
NO. PERCENTAGE SERVICE AFFECTS OUR PARTICIPATION RESPONDENTS
RENDERER SOCIAL STATUS
U-R U-R U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 32+4 32+4 7+2 12+1 - - ACQUAINTANCES 51+7=58

% 62.74+57.14 62.74+57.14 13.72+28.57 23.52+14.28 - -

2. KSHATRIYA 68+10 36+5 32+4 11+1 - 2+0 “ 79+11=90

% 86.07+90.90 45.56+45.45 40.50+36.36 13.92+9.09 - 2.53+00.00

3. VAISHYA 54+2 37+2 17+0 4+0 0+1 1+0 “ 59+2=61

410
% 91.52+100.00 62.37+100.00 20.81+00.00 6.77+00.00 00.00+50.00 1.69+00.00

4. OBC 65+12 32+11 29+1 13+0 - - “ 80+12=92

% 81.25+100.00 40.00+91.66 36.25+8.33 6.25+00.00 - -

5. PATEL 48+9 24+4 24+4 10+2 1+1 - “ 60+10=70

% 80.00+90.00 40.00+40.00 40.00+30.00 16.66+20.00 1.66+10.00 -

6. SC/ST - - - - - - N.A.38+2 38+2=40

% - - - - - - 100.00+100.00

7. TOTAL - - - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
conditions of Dalits like removal of untouchability,
removal of idea of high & low, removal of birth based
social & religious disabilities, discrimination as per one’s
birth in a particular Varna or Caste cannot succeed
without sensitizing the Brahmins first and only after
Brahmins are duly sentsitized as per the modern concepts
of liberty, equality and fraternity & the democratic norms,
values of modern society, the social reforms should be
launched and the servics of Brahmins so sensitized can
be utilized.

The responses of the people were solicited about

their participation in the social function of Dalits like
Birth, Marriage, Death, Barmu (a custom of observance
of 12th day after the death of an individual), Bhojan
(Meals), Bhajan(devotional songs’ assembly of people),
party etc. Various responses received from people are as
under :-

Table N0.6-29
Yes, participated in Dalits’ social functions.

Sr.No. Caste Urban Rural

1. Vaishya 91.52% 100.00%
2. Kshatriya 86.07% 90.00%
3. OBC 81.25% 100.00%

411
 4. Patel 80.00% 90.00%
5. Brahmin 62.74% 57.14%
6. SC/ST N.A. N.A.
Average% - 80.31% 87.42%

The Vaishyas are on top & the Brahmins are at

the bottom so far as participation in Dalits’ social
functions by them are concerned. 80.31% Caste Hindus
from urban area & 87.42% Caste Hindus from rural
area respectively have participation is an indicator of
positive thinking about the Caste Hindu people.
Table N0.6-30
Sometims participated in Dalits’ social functions.

Sr.No. Caste Urban Rural

1. Brahmin 62.74% 57.14%
2. Vaishya 62.37% 100.00%
3. Kshatriya 45.56% 45.45%
4. OBC 40.00% 91.66%
5. Patel 40.00% 40.00%
6. SC/ST N.A. N.A.
Average% - 50.13% 66.85%

Analysis will be done at the end of this question.

TableN0.6-31
Many times participated in Dalits’ social functions.

412
 Sr.No. Caste Urban Rural
1. Kshatriya 40.50% 36.36%
2. Patel 40.00% 30.00%
3. OBC 36.25% 8.33%
4. Vaishya 20.81% Nil
5. Brahmin 13.72% 28.57%
6. SC/ST N.A. N.A.
Average% - 30.25% 20.65%

Table N0.6-32
No, Never participated in Dalits’ social functions.

Sr.No. Caste Urban Rural

1. Brahmin 23.52% 14.28%
2. Patel 16.66% 20.00%
3. Kshatriya 13.92% 9.09%
4. Vaishya 6.77% Nil
5. OBC 6.25% Nil
6. SC/ST N.A. N.A.
Average% - 13.42% 8.67%

Table N0.6-33
Participated in Dalits’ Social functions as service providers.

Sr.No. Caste Urban Rural

1. Patel 1.66% 10.00%
2. Vaishya Nil 50.00%
3. OBC Nil Nil

413
 4. Kshatriya Nil Nil
5. Brahmin Nil Nil
6. SC/ST N.A. N.A.
Average% - 0.33% 12.00%

Table N0.6-34
Not participated in Dalits’ social functions because it
adversely affects our social status.

Sr.No. Caste Urban Rural

1. Kshatriya 2.53% Nil
2. Vaishya 1.69% Nil
3. OBC Nil Nil
4. Patel Nil Nil
5. Brahmin Nil Nil
6. SC/ST N.A. N.A.
Average% - 0.84% Nil

The analysis about above data gives indications that

Caste Hindus having hard-core casteist mentality said not
only “no” but emphatic “Never” also which indicates
their strong aversion to Dalits but fortunately percentage
of such hard-core Caste Hindus is very low. Only
13.42% Caste Hindus from urban area & 8.67% from
rural area respectively have never participated in Dalits’
social occasions. It is also possible that they may not be
actually hard-core, but they would have got no chance to

414
do so, for example no friends in Dalits community.

But real hardcore are those who said they did not
participate in Dalits’ social functions because if they do
so, it will adversely affect their social status in public.
The percentage of such respondents is only 0.84% in
urban area and ‘Nil’ in rural area. 0.33% Caste Hindus
from urban area & 12.00% Caste Hindus from rural
area respectively have participated in Dalits’ social
funcitons only as service providers.

30.25% Caste Hindus from urban area and 20.65%

Caste Hindus from rural area respectively have
participated in Dalits social functions many times and
50.13% Caste Hindus from urban area and 66.85% Caste
Hindus from rural area respectively have sometimes
participated in Dalits’ social functions.
Thus, 80.31% Caste Hindus from urban area and
87.42% Caste Hindus from rural area had participated in
Dalits’ social functions. Whereas 50.13% and 66.85%
caste Hindus from urban and rural areas had participated
in Dalits’ social functions sometimes and 30.25% and
20.65% respectively from urban and rural areas caste
Hindus had participated in Dalits’ social functions many
times. Slight variations in percentage is there due to
some respondents ticking more than one options.

415
 TABLE NO. 6-35
PARTICIPATION OF DALITS IN CELEBRATION OF SOCIAL FUNCTIONS OF CASTE HINDUS BY INVITATION LIKE
BIRTHDAY, MARRIAGE, DEATH OF RELATIVE, BARMU, BHOJAN, BHAJAN ETC.

SR. CASTE & NEVER ONCE CAN NOT BE NOT INVITED ON MANY ALWAYS N.A. TOTAL
NO. PERCENTAGE CALLED, OCCASION BUT AFTER TIMES BEING RESPONDENTS
IT LOWERS OCCASION WAS OVER, THEY INVITED SC/ST
OUR SOCIAL WERE CALLED AS “GHARAK”
PRESTIGE FOR COLLECTING FOOD AND
WERE GIVEN A BIT OF FOOD
SEPARATELY IN OPEN SPACES
U-R U-R U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 16+0 26+4 3+1 3+1 3+1 - - 51+7=58

% 31.37+00.00 50.98+57.14 5.88+14.28 5.88+14.28 5.88+14.28 - -

2. KSHATRIYA 15+0 57+8 1+1 1+0 5+1 0+1 - 79+11=90

% 18.94+00.00 72.15+72.72 1.26+9.09 1.26+00.00 6.32+1.26 0.00+9.09 -

416
3. VAISHYA 18+0 33+1 5+0 3+0 0+1 - - 59+2=61
% 30.50+00.00 55.93+50.00 8.47+00.00 5.08+00.00 00.00+50.00 - -

4. OBC 9+2 50+9 3+0 8+0 4+3 3+1 - 80+12=92

% 11.25+16.66 62.5+75.00 3.75+00.00 10.00+00.00 5.00+3.75 3.75+8.33 -

5. PATEL 12+1 40+6 0+1 6+2 2+0 - - 60+10=70

% 20.00+10.00 66.66+60.00 00.00+10.00 10.00+20.00 2.33+00.00 - -

6. SC/ST - - - - - - N.A.38+2 38+2=40

% - - - - - - 100.00+100.00

7. TOTAL - - - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Most of the respondents have given reasons of
participation to be acquaintance with Dalits.

This is good but it is a one way traffic. The

number of Caste Hindus participated in Dalits’ social
functions is greater than the number of Dalits
participation in Caste Hindus’ social functions will be
established from following data received from them on a
question whether they had ever invited Dalits on their
social occasions like birthday party, marriage function,
Barmu, Bhojan samarambh, Bhajan etc.

Table N0.6-36
The Dalits were never invited.

Sr.No. Caste Urban Rural

1. Brahmin 31.37% Nil
2. Vaishya 30.50% Nil
3. Patel 20.00% 10.00%
4. Kshatriya 18.94% Nil
5. OBC 11.25% 16.66%
6. SC/ST N.A. N.A.
Average% - 22.41% 5.33%

Table N0.6-37
The Dalits can not be invited, it lowers our social prestige.

417
 Sr.No. Caste Urban Rural
1. Vaishya 8.47% Nil
2. Brahmin 5.88% 14.28%
3. OBC 3.75% Nil
4. Kshatriya 1.26% 9.09%
5. Patel 00.00% 10.00%
6. SC/ST N.A. N.A.
Average% - 3.87% 6.67%

Table N0.6-38
Not invited on social occasions but after occasion was
over, they were called as “Gharak” for collecting food
and were given a bit of food separately in open space.

Sr.No. Caste Urban Rural

1. Patel 10.00% 20.00%
2. OBC 10.00% Nil
3. Brahmin 5.88% 14.28%
4. Vaishya 5.08% Nil
5. Kshatriya 1.26% Nil
6. SC/ST N.A. N.A.
Average% - 6.44% 6.85%

Table N0.6-39
Once invited Dalits.

Sr.No. Caste Urban Rural

1. Kshatriya 72.15% 72.72%

418
2. Patel 66.66% Nil
3. OBC 62.5% 75.00%
4. Vaishya 55.93% 50.00%
5. Brahmin 50.98% 57.14%
6. SC/ST N.A. N.A.
Average% - 61.64% 50.97%
Table N0.6-40
Many times invited Dalits.

Sr.No. Caste Urban Rural

1. Kshatriya 6.32% 1.26%
2. Brahmin 5.88% 14.28%
3. OBC 5.00% 3.75%
4. Patel 2.33% Nil
5. Vaishya Nil 50.00%
6. SC/ST N.A. N.A.
Average% - 3.90% 13.85%

Table N0.6-41
Always invited Dalits.

Sr.No. Caste Urban Rural

1. OBC 3.75% 8.33%
2. Kshatriya Nil 9.09%
3. Brahmin - -
4. Vaishya - -
5. Patel - -
6. SC/ST N.A. N.A.
Average% - 0.75% 3.48%
419
 Table N0.6-42
Summary
Sr. Responses Urban Rural
No.
(1) Always Invited 0.75% 3.48%
(2) Many times Invited 3.90% 13.85%
(3) Once invited 61.64% 50.97%
Total 66.29% 68.30%
(4) Invited as “Gharak” 6.44% 6.85%
(5) Never invited 22.41% 5.33%
(6) Cannot be invited 3.87% 6.67%
Total 32.72% 18.85%

22.41% Caste Hindus in urban area never invited

Dalits whereas 5.33% Caste Hindus from rural area
respectively never invited Dalits in their social functions.
Thus rural people are more open minded than their
counter parts in urban area.

6.44% Caste Hindus from urban areas & 6.85%

Caste Hindus from rural area had invited Dalits as their
“Gharak” i.e. as per old “Jazamani” system. This is not
an equal & honourable interaction. The percentage of
Caste Hindus who always invited Dalits in their social
functions is very low i.e. 0.75% in urban area and
3.48% in rural area respectively. Only OBCs &
Kshatriyas have done this & none from Brahmins,
Vaishyas & Patels had ever done this. The percentage of

420
Caste Hindus who many times invited Dalits is also very
low. i.e. 3.90% from urban areas 13.85% from rural
areas respectively. Again Rural area Caste Hindus have
shown greater large heartedness than Caste Hindus
belonging to urban area. The percentage of Caste Hindus
who invited Dalits only once is the highest i.e. 61.64%
& 50.97% respectively from urban & rural areas. This is
much less particitpation by Dalits in social occasions of
the Caste Hindus whereas 80.31% & 87.42% Caste
Hindus respectively from urban area & rural area had
participated in Dalits’ social functions. Thus the
participation by Caste Hindus in Dalits’ social functions
is higher but participation of Dalits in Caste Hindus’
social functions is lower. This means that the Dalits
might be liberally inviting Caste Hindus in their social
functions but the Caste Hindus might not be inviting the
Dalits to their social functions so liberally. The social
interaction seems to be tardy & onesided. The invitation
or calling “Dalits” as “Gharak” is again a symbol of
superiority over them and it again speaks volume about
prevalence of untouchability in urban and rural area on
social occasions.

A wide spread complaints all over India have

emerged from mid-day-meal Scheme (Madhyan Bhojan
Yojna) that the children of Dalits are separately seated
from the children of the Caste Hindus and thus the evil

421
 TABLE NO. 6-43
LIKING/DISLIKING ABOUT MEALS BEING TAKEN TO-GETHER BY THE DALIT
AND CASTE HINDU CHILDREN IN SCHOOLS OR ELSEWHERE

SR. CASTE & YES, IT GIVES NO, IT LEADS TO OUR CHILDREN OUR CHILDREN CAN GO N.A. TOTAL
NO. PERNCENTAGE BIRTH TO BAD CULTURE IN GET POLUTED ASTRAY IN BAD RESPONDENTS
SOCIAL OUR CHILDREN COMPANY DUE TO
COHESION/ COMMUNITY MEALS
EQUALITY
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 38+6 10+1 1+0 2+0 - 51+7=58

% 74.50+85.71% 19.60+14.28% 1.96+0% 3.92+0% -

2. KSHATRIYA 69+10 7+1 - 3+0 - 79+11=90

422
% 87.34+90.90% 8.86+9.09% - 3.79+0% -

3. VAISHYA 49+2 5+0 - 5+0 - 59+2=61

% 83.05+100% 8.47+0% - 8.47+0% -

4. OBC 61+11 13+0 4+1 2+0 - 80+12=92

% 76.25+91.16% 16.25+0% 5.0+8.33% 2.5+0% -

5. PATEL 52+9 6+1 - 2+0 - 60+10=70

% 86.66+90.0% 10.00+10.00% - 3.33+0% -

6. SC/ST - - - - N.A.38+2 38+2=40

%
7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
of untouchability, separation on the basis of high & low
caste based discrimination etc. are practised in the school
itself which is the place of foundation of shaping India’s
destiny. Hence a question was asked to the Caste Hindus
whether they would like their children in the school or
else where (on picnic spot etc.) sitting together and
taking their meals with Dalits’ children. Their responses
as under :-

Table N0.6-44
Yes, it gives birth to social cohesion/ equality

Sr.No. Caste Urban Rural

1. Kshatriya 87.34% 90.90%
2. Patel 86.66% 90.00%
3. Vaishya 83.05% 100.00%
4. OBC 76.25% 91.16%
5. Brahmin 74.50% 85.71%
6. SC/ST N.A. N.A.
Average% - 81.56% 91.55%

Table N0.6-45
No, it leads to bad culture in our children.

Sr.No. Caste Urban Rural

1. Brahmin 19.60% 14.28%
2. OBC 16.25% Nil
3. Patel 10.00% 10.00%

423
 4. Kshatriya 8.86% 9.09%
5. Vaishya 8.47% Nil
6. SC/ST N.A. N.A.
Average% - 12.63% 6.67%

Table N0.6-46
Our children get polluted by Dalits’ children.

Sr.No. Caste Urban Rural

1. OBC 5.00% 8.33%
2. Brahmin 1.96% Nil
3. Kshatriya - -
4. Vaishya - -
5. Patel - -
6. SC/ST N.A. N.A.
Average% - 1.39% 1.66%

Table N0.6-47
Our children can go astray in the bad company of
Dalits’ children due to community meals.

Sr.No. Caste Urban Rural

1. Vaishya 8.47% Nil
2. Brahmin 3.92% Nil
3. Kshatriya 3.79% Nil
4. Patel 3.33% Nil
5. OBC 2.50% Nil
6. SC/ST N.A. N.A.
Average% - 4.40% Nil
424
 Record number of respondents i.e. 81.56% Caste
Hindus from urban area & still more 91.55% Caste
Hindus from rural area respectively felt that community
meals creates social cohesion & unity and they welcome
dinning together of their children with Dalits’ children in
school. Only small percentage of respondents i.e. 12.63%
& 6.67% respectively from urban and rural area felt
that it will lead to development of bad culture in their
children. 1.39% & 1.66% respectively from urban &
rural areas, Caste Hindus (namely OBCs & Brahmins)
believed that their children will be polluted by such
community meals to-gether by all the school children
whereas 4.40% Caste Hindus from urban area felt that
their children will go astray in bad company of Dalits’
children due to community meals (Samuh Bhojan) in
schools. Only these very few people create problems
throughout the country in this regard. They will be there
any where.

Social acceptance or non-acceptance of Dalits is

discernible in responses to a question whether they would
like to give residential facility to educated Dalits like
Government officers, employees, teachers, professors in
their village, city in a Caste Hindus’ area/mohallah/pol/
society/colony/kasba etc.? Responses are anyalysed as
under :-

425
 TABLE NO. 6-48
WOULD YOU LIKE TO GIVE RESIDENTIAL FACILITY TO EDUCATED, WELL PLACED
DALITS (DOING GOOD JOB/OCCUPATION) LIKE GOVT. OFFICERS, EMPLOYEES, TEACHERS, PROFESSORS IN YOUR
VILLAGE, CITY IN A CASTE HINDU AREA/MOHALLA/POL/SOCIETY/COLONY/KASBA ETC. ?

SR. CASTE & YES NO, NOT NEVER IF THEY REMAIN EVEN THERE N.A. BEING TOTAL
NO. PERNCENTAGE AT ALL OUR “YESMEN” & SHADOW IS NOT SC/ST RESPONDENTS
UNDER OUR CONTROL ACCEPTABLE TO US
U-R U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 40+6 6+1 1+0 3+0 1+0 - 51+7=58

% 78.43+85.7 11.76+14.20 1.96+00.00 5.88+00.00 1.96+00.00 -

2. KSHATRIYA 70+9 6+1 2+0 0+1 1+0 79+11=90

% 88.60+81.81 7.59+9.00 2.53+00.00 00.00+9.09 1.26+00.00 -

426
3. VAISHYA 45+2 7+0 1+0 3+0 3+0 - 9+2=61
% 76.27+100.00 11.86+00.00 16.94+00.00 5.08+00.00 5.08+00.00 -

4. OBC 65+10 4+1 5+0 5+1 1+0 - 80+12=92

% 81.25+83.33 5.00+8.33 6.25+00.00 6.25+8.33 1.25+00.00 -

5. PATEL 50+10 6+0 1+0 3+0 - - 60+10=70

% 83.33+100.00 10.00+00.00 1.66+00.00 5.00+00.00 - -

6. SC/ST - - - - - 38+2 38+2=40

% - - - - - 100.00+100.00

7. TOTAL - - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table N0.6-49
Willing to give residential facility to Dalits.

Sr.No. Caste Urban Rural

1. Kshatriya 88.60% 81.81%
2. Patel 83.33% 100.00%
3. OBC 81.25% 83.33%
4. Brahmin 78.43% 85.70%
5. Vaishya 76.27% 100.00%
6. SC/ST N.A. N.A.
Average% - 81.57% 90.26%

Table N0.6-50
No, not at all willing to give residential facility to the
Dalits.
Sr.No. Caste Urban Rural
1. Vaishya 11.86% Nil
2. Brahmin 11.76% 14.20%
3. Patel 10.00% Nil
4. Kshatriya 7.59% 9.00%
5. OBC 5.00% 8.33%
6. SC/ST N.A. N.A.
Average% - 9.24% 6.30%

427
 Table N0.6-51
Never Dalits will be given residential facility.

Sr.No. Caste Urban Rural

1. Vaishya 16.94% Nil
2. OBC 6.25% Nil
3. Kshatriya 2.53% Nil
4. Brahmin 1.96% Nil
5. Patel 1.66% Nil
6. SC/ST N.A. N.A.
Average% - 5.86% Nil

Table N0.6-52
If they remain our ‘yes man’/henchman and under our
control then residential accommodation can be given to
the Dalits.

Sr.No. Caste Urban Rural

1. OBC 6.25% 8.33%
2. Brahmin 5.88% Nil
3. Vaishya 5.08% Nil
4. Patel 5.00% Nil
5. Kshatriya Nil 9.09%
6. SC/ST N.A. N.A.
Average% - 4.44% 3.48%

428
 Table N0.6-53
Even the shadow of Dalit is not acceptable to us.
(Caste Hindus)

Sr.No. Caste Urban Rural

1. Vaishya 5.08% Nil
2. Brahmin 1.96% Nil
3. Kshatriya 1.26% 75.00%
4. OBC 1.25% 50.00%
5. Patel - -
6. SC/ST N.A. N.A.
Average% - 1.91% 25.00%

The SCs/STs are facing acute problems of housing

as no builders even in the Metropolitan areas like
Ahmedabad city which is going to become a Megha city
in near future sells flats, tenaments etc. to even few
educated & Highly placed SCs/STs. They first ask caste
related question and find out SCs/STs & particularly
Scheduled Caste, and then they (builders) straightaway
refuse12 accommodation to the members belonging to the
Scheduled Castes. Nobody gets tenaments/flats by
concealing his caste as these builders ask them to bring
their Caste certificates or school leaving certificates in
which caste is clearly mentioned so that not even by a
mistake persons belonging to these castes get into their
residential complexes. This is the height of social

429
unacceptability of the SCs/STs by the Caste Hindus. Now
let us examine how this trait is reflected here in their
responses.

81.57% and 90.26% Caste Hindus respectively

from urban & rural area have expressed affirmation but
this is a treachery only as in fact no Caste Hindu wants
a member of Scheduled Caste or Scheduled Tribe as his
neighbour. Take the example of 2001 earthquake of
Kutchh district where none from Caste Hindus was
prepared to even live side by side in the land to be
allotted for reconstruction of houses. This information
furnished by them is actually against the ground realities.

9.24% & 6.30% Caste Hindus respectively from

urban area & rural area have openly said “No, Not at
all” to accommodate SCs/STs in their society, locality etc.
Whereas 5.56% Caste Hindus from urban area are frank
when they said “Never”. On the other hand the ground
reality is few caste Hindus have expressed conditional
preparedness to accept SCs/STs only if the SCs/STs give
up their independence and become their “yesman,”
“henchman”and remain under their control.

Further data indicates the strongest hatred, contempt

and scorn of the Vaishyas, Brahmins, Kshatriyas & OBCs
for the SCs/STs when they expressed that even the
Scheduled Castes’ & Scheduled Tribes’ shadow is not

430
 TABLE NO. 6-54
DALITS AS RELIGIOUS PRIESTS & NON DALITS’ REACTION.

SR. CASTE & YES NO NEVER WE MAY THE ‘SANATAN’ N.A. TOTAL
NO. PERCENTAGE INCUR SIN DHARMA WILL RESPONDENTS
BY DOING BE POLLUTED
SO BY DOING THIS
U-R U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 29+4 10+2 3+1 4+0 8+0 - 51+7=58

% 56.86+57.14 19.60+28.57 5.88+14.28 1.96+00.00 15.68+00.00 -

2. KSHATRIYA 67+8 10+1 - - 2+2 - 79+11=90

% 84.81+72.72 12.65+9.00 - - 2.53+18.18 -

3. VAISHYA 35+1 21+1 2+0 - 1+0 - 59+2=61

431
% 59.32+50.00 35.59+50.00 3.38+00.00 - 1.69+00.00 -

4. OBC 48+3 24+9 4+0 3+0 1+1 - 80+12=92

% 60.00+25.00 30.00+75.00 5.00+00.00 3.75+00.00 1.25+8.33 -

5. PATEL 46+5 12+5 1+0 1+0 - - 60+10=70

% 76.66+50.00 20.00+50.00 1.66+00.00 1.66+00.00 - -

6. SC/ST 35+2 1+0 - 1+0 - 1+0 38+2=40

% 92.10+100.00 2.63+00.00 - 2.63+00.00 - 2.63+00.00

7. TOTAL - - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 acceptable by them. Even an iota of acceptance of Dalits
by these people cannot be expected at all looking to
their explosive & acidic strongest caste prejudice. It is
shocking that such people are from urban area of
Ahmedabad city and not from rural areas. Urbanization,
industrialisation, democratization, etc., in fact nothing has
left any mark on them. Fortunately percentage of such
persons is only 1.91%. Others might be nurturing such
mindset but they might be wise than this group as they
might not have wisely expressed it openly.

It was asked whether they would like the

appointments of Dalits, who are well-versed in religious
rites & rituals in religious places like temple, religious
institutions etc. Data given in Table N0.6.55 shows
their responses as under :-

Table N0.6-55
Acceptance of appointments of Dalits in religious places
for officiation of religious rites and rituals

Sr.No. Caste Urban Rural

1. Kshatriya 84.81% 72.72%
2. Patel 76.66% 50.00%
3. OBC 60.00% 25.00%
4. Vaishya 59.32% 50.00%
5. Brahmin 56.86% 57.14%
6. SC/ST N.A. N.A.
Average% - 67.53% 50.97%

432
 Table N0.6-56
Non-acceptance of Dalits in religious places for
officiation of religious rites and rituals.

Sr.No. Caste Urban Rural

1. Vaishya 35.59% 50.00%
2. OBC 30.00% 75.00%
3. Patel 20.00% 50.00%
4. Brahmin 19.60% 28.57%
5. Kshatriya 12.65% 9.00%
6. SC/ST N.A. N.A.
Averag% - 23.56% 42.51%

Table N0.6-57
Dalits shall never be accepted as priests in Hindu
religious places

Sr.No. Caste Urban Rural

1. Brahmin 5.88% 14.28%
2. OBC 5.00% Nil
3. Vaishya 3.38% Nil
4. Patel 1.66% Nil
5. Kshatriya - -
6. SC/ST N.A. N.A.
Average% - 3.18% 2.85%

433
 Table N0.6-58
Caste Hindus would incur sin if Dalits are appointed in
religious places for performance of rites and rituals.

Sr.No. Caste Urban Rural

1. OBC 3.75% Nil
2. Brahmin 1.96% Nil
3. Patel 1.66% Nil
4. Kshatriya - -
5. Vaishya - -
6. SC/ST N.A. N.A.
Average% - 1.47% Nil

Table N0.6-59
The “Sanatan Dharma” will be polluted by doing this.

Sr.No. Caste Urban Rural

1. Brahmin 15.68% Nil
2. Kshatriya 2.53% 18.18%
3. Vaishya 1.69% Nil
4. OBC 1.25% 8.33%
5. Patel - -
6. SC/ST N.A. N.A.
Average% - 4.23% 5.30%

434
 Table N0.6-60

Summary Urban Rural

(1) Yes 67.53% 50.97%

(2) No 23.50% 42.51%
(3) Never 3.18% 2.85%
(4) Incur sin 1.47% Nil
(5) “Sanatan Dharma” 4.23% 5.30%
will be polluted.

Table N0.6-61

Summary Urban Rural

Positive(+) 67.53% 50.97%
Negative(-) 32.38% 50.66%
Total 35.09% 00.31%

Thus, 67.53% Caste Hindus from urban area &

50.97% Caste Hindus respectively from rural area would
like the well-versed Dalits in religion matters to be
oppointed in temples as priests and in other religious
institutions.

In all 32.38% and 50.66% Caste Hindus

respectively from urban & rural areas are against such
appointments of Dalits in temples & religious institutions.
Sin & pollution to “Sanatan Dharm” are grounds for
435
 TABLE NO. 6-62
OFFICIATION OF PUJA/RITES/RITUALS BY DALIT AND THEIR ACCEPTANCE /
NON-ACCEPTANCE BY CASTE HINDUS

SR. CASTE & YES NO NEVER IF WE DO SO, WE INCUR N.A. TOTAL

NO. PERCENTAGE SIN & GET RELIGIOUSLY POLLUTED RESPONDENTS
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 23+2 18+4 9+1 1+0 - 51+7=58

% 49.09+28.57 32.29+57.14 17.64+14.28 1.96+00.00 -

2. KSHATRIYA 50+7 24+4 1+0 4+0 - 79+11=90

% 63.29+63.63 30.37+36.36 1.26+00.00 5.00+00.00 -

3. VAISHYA 22+1 36+1 1+0 - - 59+2=61

436
% 37.28+50.00 60.01+50.00 1.69+00.00 - -

4. OBC 43+3 32+8 5+1 - - 80+12=92

% 53.75+25.00 40.00+66.66 6.25+8.33 - -

5. PATEL 42+2 15+8 2+0 1+0 - 60+10=70

% 70.2+20.00 25.00+80.00 3.33+00.00 1.66+00.00 -

6. SC/ST 28+2 - - 1+0 9+0 38+2=40

% 73.68+100.00 - - 2.63+00.00 23.68+00.00

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 their such view point for a negative opinion which
appear prima facie absurd from scientific point of view.
For further probing their real thinking and
convictions about acceptability of Dalits they were asked
whether they would like to get such religious rites and
rituals performed by Dalits who are knowledgeable and
proficient in this connection, on birth, marriage or any
such other occasions? Data given in Table N0.6-63 gave
us picture as undeer:-
Table N0.6-63
Agreeable in acceptance of Dalits for officiation of
religious rites and rituals.
Sr.No. Caste Urban Rural
1. Patel 70.2% 20.00%
2. Kshatriya 63.29% 63.63%
3. OBC 53.75% 25.00%
4. Brahmin 49.09% 28.57%
5. Vaishya 37.28% 50.00%
6. SC/ST N.A. N.A.
Average% - 54.72% 37.44%

Table N0.6-64
Non-acceptance of Dalits for officiation of religious rites and rituals.

Sr.No. Caste Urban Rural

1. Vaishya 60.00% 50.00%
2. OBC 40.00% 66.66%

437
 3. Brahmin 32.29% 57.14%
4. Kshatriya 30.37% 36.36%
5. Patel 25.00% 80.00%
6. SC/ST N.A. N.A.
Average% - 37.53% 58.03%

Table N0.6-65
Dalits shall never be acceptable for officiating religious
rites and rituals.

Sr.No. Caste Urban Rural

1. Brahmin 17.64% 14.28%
2. OBC 6.25% 8.33%
3. Patel 3.33% Nil
4. Vaishya 1.69% Nil
5. Kshatriya 1.26% Nil
6. SC/ST N.A. N.A.
Average% - 6.03% 4.52%

Table N0.6-66
Officiation of religious rites and rituals will incur sin and
religious pollution to the Caste Hindus.

Sr.No. Caste Urban Rural

1. Kshatriya 5.00% Nil
2. Brahmin 1.96% Nil

438
3. Patel 1.66% Nil
4. Vaishya - -
5. OBC - -
6. SC/ST N.A. N.A.
Average% - 1.72% Nil

Thus, 54.72% Caste Hindus from urban area and

37.44% Caste Hindus from rural area respectively
expressed readiness to get religious rites & rituals
performed by the Dalits who are knowledgeable and
proficient in these matters.

37.53% Caste Hindus from urban area & 58.03%

Caste Hindus from rural area respectively have said “No”
in this regard. They do not want to accept Dalits for
performance of religious rites & rituals even though the
Dalits might have knowledge and proficiency in such
matters. Why do they object such performance of rites &
rituals by Dalits? The answer is because they are Dalits
and considered to be untouchables as no other reason
can be offered by any one in this regard. The Dalits are
also Hindus & the proposition is about Dalits who are
knowledgeable and proficient in Hindu rites & rituals
and they are so, and yet 37.53% Caste Hindus in urban
area & 58.03% Caste Hindus in rural area are not
accepting Dalits in this regard.

439
 There are some other Caste Hindus with even
stronger Caste prejudice who go a step further & say
that never they have accepted & never they will accept
Dalits for performance of religious rites and rituals and
percentage of such Caste Hindu is 6.03% in urban area
& 04.52% in rural area who are seen determined never
to get their religious rites and rituals performed by the
Dalits.

Still worse is the situation where 1.72% Caste

Hindus from urban area feel that if they call Dalit
priests who are knowledgeable & proficient for
performance of their rites and rituals then they will incur
sin and religiously get polluted. Shockingly these are
Caste Hindus from Kshatriya, Brahmin & Patel Castes
only & they are from Metropolitan urban area & they
are educated & modern and yet surprisingly their thinking
and mindset is outdated, obsolete & obysmally dismal.
None from village area holds such putrefied view points
& hence really the village people deserve our unlimited
accolodes.

To test the respondents’ preparedness about

acceptability of SCs/STs in private sectors, they were
asked whether would it be appropriate to enact a law or
frame rules for reservation in private industries for
Dalits? Their responses are as under :-

440
 Table N0.6-67
Opinion in favour of enacting a Law or framing of
Rules for reservation for SCs/STs in Private Industries.

Sr.No. Caste Urban Rural

1. Kshatriya 43.93% 18.18%
2. OBC 35.00% 33.33%
3. Patel 33.33% 30.00%
4. Brahmin 19.60% 14.28%
5. Vaishya 16.94% Nil
6. SC/ST N.A. N.A.
Average% - 29.76% 19.15%

Table N0.6-68
No reservation should be made for SCs/STs in Private
Industries.

Sr.No. Caste Urban Rural

1. Brahmin 49.01% 57.14%
2. Vaishya 44.60% 50.00%
3. OBC 38.75% 25.00%
4. Patel 33.33% 6.66%
5. Kshatriya 29.11% 27.27%
6. SC/ST N.A. N.A.
Average% - 38.96% 33.21%

441
 Table N0.6-69
Never: The SCs/STs should never be provided reservation
in Private Industries.

Sr.No. Caste Urban Rural

1. Vaishya 10.16% Nil
2. Brahmin 5.88% Nil
3. OBC 5.00% 8.33%
4. Patel 5.00% Nil
5. Kshatriya 3.79% Nil
6. SC/ST N.A. N.A.
Average% - 5.96% 1.66%

Table N0.6-70
The matter of reservation in Private Industries should be
left to the discretion and sweet will of the industrialists.

Sr.No. Caste Urban Rural

1. Vaishya 28.81% 50.00%
2. Patel 28.33% 30.00%
3. Brahmin 25.49% 28.57%
4. Kshatriya 24.50% 54.54%
5. OBC 22.50% 33.33%
6. SC/ST N.A. N.A.
Average% - 25.92% 39.28%

Only 29.76% Caste Hindus from urban area &

442
19.15% Caste Hindus from rural area respectively are in
favour of formulation or enactment of law or rules
providing for reservation to SCs/STs in private industries.

38.96% Caste Hindus from urban area & 33.21%

Caste Hindus from rural area respectively have said “No”
for reservation in private industries. The percentage of
Caste Hindus against such reservation in private
industries is higher than those who are in favour of it
as mentioned above. This is also a case of non-
acceptability of Dalits by the Caste Hindus as it is not
asked whether in your private industries reservation for
SCs/STs should be made by law or rules. Industries
belonging not to the respondents but to others where
accommodation of Dalits is objected to by the Caste
Hindus.

The third group of Caste Hindus are even having

harder view and prejudice when they respond with the
word “Never”. 5.96% Caste Hindus from urban area &
1.66% Caste Hindus from rural area have respectively
given such strong negative opinion.

Yet another group of Caste Hindus seen quite

clear, diplomatic & politician like who opined that
whether reservation in private industries should be done
by any act or rules should be left to the discretion &
sweet will of the industrialists. The number of persons
443
 TABLE NO. 6-71
WOULD YOU LIKE TO TAKE TEA, SNACKS, MEALS, PAAN FROM DALITS
TEA VENDORS, HOTEL OWNERS, LODGE, PAAN SHOP OWNERS ETC. ?

SR. CASTE & NEVER, IN IF THERE IS NO CASTE IF THERE IS NO OTHER ALWAYS PREFER N.A. TOTAL
NO. PERCENTAGE NO HINDUS’ TEA STALL, REMEDY AVAILABLE RESPONDENTS
CIRCUMS- HOTEL, PAAN SHOP TO SATISFY HUNGER,
TANCES ETC. IN THE VICINITY QUENCH THIRST ETC.
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 10+0 6+2 7+1 28+4 - 51+7=58

% 19.60+00.00 11.76+28.52 13.72+14.28 54.90+57.14 -

2. KSHATRIYA 15+1 12+1 7+1 45+8 - 79+11=90

% 18.98+9.09 15.18+9.09 8.86+9.09 56.96+72.72 -

444
3. VAISHYA 3+0 1+1 3+0 52+1 - 59+2=61
% 5.08+00.00 1.69+50.00 5.8+00.00 88.13+50.00 -

4. OBC 15+1 8+1 20+3 37+7 - 80+12=92

% 18.75+8.33 10.00+8.33 25.00+25.00 46.25+58.33 -

5. PATEL 2+1 9+0 7+0 42+9 - 60+10=70

% 3.33+10.00 15.00+00.00 11.66+00.00 70.00+90.00 -

6. SC/ST - - - - 38+2 38+2=40

% - - - - 100.00+100.00

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
holding this view is 25.92% from urban area & 39.28%
from rural areas respectively.

Thus, the non-acceptance level in private industries

of SCs/STs by Caste Hindus comes to 70.84% in urban
area & 74.15% in rural area respectively. The option “it
should be left to the discretion of the industrialists” is
taken as a very cleaver, diplomatic answer & it is taken
as negative response.

To further test the acceptability aspect of the Caste

Hindus, they were asked whether would they like to take
meals, tea, snacks, paan from Dalit tea vendors, hotel
owners, Lodge owners, Paan shop owners? Their
responses are as under :-

Table N0.6-72
Never, in no circumstances eatables from Dalit
Shopkeepers are acceptable.

Sr.No. Caste Urban Rural

1. Brahmin 19.60% Nil
2. Kshatriya 18.98% 9.09%
3. OBC 18.75% 8.33%
4. Vaishya 5.08% Nil
5. Patel 3.33% 10.00%
6. SC/ST N.A. N.A.
Average% - 13.14% 5.48%

445
 Table N0.6-73
If there is no Caste Hindus’ tea stall, hotel, Paan shop
etc. in the near vicinity then the eatables from the Dalit
shops/hotels can be accepted.

Sr.No. Caste Urban Rural

1. Kshatriya 15.18% 9.09%
2. Patel 15.00% Nil
3. Brahmin 11.76% 28.52%
4. OBC 10.00% 8.33%
5. Vaishya 1.69% 50.00%
6. SC/ST N.A. N.A.
Average% - 53.63% 19.18%

Table N0.6-74
If there is no other remedy available to satisfy hunger,
quench thirst etc. then only eatables from Dalit shops/
hotels are acceptable.

Sr.No. Caste Urban Rural

1. OBC 25.00% 25.00%
2. Brahmin 13.72% 14.28%
3. Patel 11.66% Nil
4. Kshatriya 8.86% 9.09%
5. Vaishya 5.80% Nil
6. SC/ST N.A. N.A.
Average% - 13.00% 9.67%

446
 Table N0.6-75
Always prefer to accept eatables from Dalit shopkeepers.

Sr.No. Caste Urban Rural

1. Vaishya 88.13% 50.00%
2. Patel 70.00% 90.00%
3. Kshatriya 56.96% 72.72%
4. Brahmin 54.90% 57.14%
5. OBC 46.25% 58.33%
6. SC/ST N.A. N.A.
Average% - 63.24% 65.63%

The “No, Never” is clear non-acceptance with

greater Caste prejudice. The second response is also no
acceptance of Dalits as they (Caste Hindus) will take the
services of Caste Hindu caterers only but in the
situation of helplessness where Caste Hindu caterers are
not there, they may accept tea, snacks, Paan etc. from
Dalit shopkeepers. Third response is also negative and
amounts to non-acceptance of Dalits that if they suffer
hunger & thirst & no other remedy is available, then
only they will accept Tea, Paan, Snacks etc. from Dalit
shopkeepers, otherwise not. The summary of non-
acceptance is as under :-

447
 Table N0.6-76
Summary
Sr. Urban Plus Rural Matters
No.
(1) 13.14% + 5.18% Never, in no circumstances.
(2) 53.63% + 19.18% In absence of Caste Hindu
caterers.
(3) 13.00 + 9.67% If no other remedy is available.
Total 79.77% + 34.03% -

Thus 79.77% Caste Hindus from urban area and

34.03% Caste Hindus from rural areas are not prepared
to take meals, tea, snacks, paan etc. from Dalit shop
owners, vendors etc.

63.24% Caste Hindus from urban area & 65.63%

Caste Hindus from rural area respectively said that they
always prefer to take meals, tea, snacks, paan etc. from
Dalits. The figure from rural area tally with the figure
of non-acceptance percentage but the figure of 63.24%
from urban Caste Hindus does not tally as these
respondents might have ticked more than two options. So
we prefer to place reliance on percentage mentioned in
1,2,3 points mentioned above and the total percentage
arrived at from those 3 Points.

Now the acceptability theory reaches a piquant

situation for the Caste Hindus when they were asked, “If

448
 TABLE NO. 6-77
ACCEPTANCE / NON ACCEPTANCE OF DALITS’ ETABLES/COMMODITIES WITH GOOD
QUALITY AND AT CHEAPER RATES THAN THE CASTE HINDUS’.

SR. CASTE & NOT FROM FROM CASTE FROM DALITS CAN’T SAY I DON’T WANT N.A. TOTAL
NO. PERCENTAGE DALITS HINDUS ANYTHING TO DECLARE RESPONDENTS
THIS MATTER
U-R U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 5+0 6+1 5+0 25+3 10+3 - 51+7=58

% 9.80+00.00 11.76+14.28 9.80+00.00 49.01+42.85 19.60+42.85 -

2. KSHATRIYA 16+1 3+0 3+1 33+4 24+5 - 79+11=90

% 20.25+9.09 3.79+00.00 3.79+9.09 41.77+36.36 30.37+45.45 -

3. VAISHYA 4+0 13+0 4+1 19+0 18+1 1+0 (FROM WHERE

449
% 6.77+00.00 22.3+00.00 6.77+50.00 32.20+00.00 22.78+50.00 1.69+00.00 CHEAPLY 59+2=61
AVAILABLE)

4. OBC 11+2 12+0 2+2 37+3 18+5 - 80+12=92

% 13.75+16.65 15.00+00.00 2.5+16.66 46.25+25.00 22.5+41.66 -

5. PATEL 9+1 9+1 3+0 30+3 9+4 - 60+10=70

% 15.00+10.00 15.00+10.00 5.00+00.00 50.00+30.00 15.00+40.00

6. SC/ST - - - - - 38+2 38+2=40

% - - - - - 100.00+100.00

7. TOTAL - - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
tea, Paan, bidi, meals etc. are served by Dalits at a very
cheap rates and with good quality and such stuff is
served by others (Caste Hindus) at higher rates and of
lower quality, then from whom would you accept such
services?” Their responses are as under :-

Table N0.6-78
Not from Dalits.

Sr.No. Caste Urban Rural

1. Kshatriya 20.25% 9.09%
2. Patel 15.00% 10.00%
3. OBC 13.75% 16.65%
4. Brahmin 9.80% Nil
5. Vaishya 6.77% Nil
6. SC/ST N.A. N.A.
Average% - 65.57% 7.14%

Table N0.6-79
From Caste Hindus.
Sr.No. Caste Urban Rural
1. Vaishya 22.30% Nil
2. Patel 15.00% Nil
3. OBC 15.00% Nil
4. Brahmin 11.76% 14.28%
5. Kshatriya 3.79% Nil
6. SC/ST N.A. N.A.
Average% - 13.57% 4.85%

450
 Table No.6-80
From Dalits.

Sr.No. Caste Urban Rural

1. Brahmin 9.80% Nil
2. Vaishya 6.77% 50.00%
3. Patel 5.00% Nil
4. Kshatriya 3.79% 9.09%
5. OBC 2.50% 16.16%
6. SC/ST N.A. N.A.
Average% - 55.72% 15.05%

Table N0.81
Cann’t say anything.

Sr.No. Caste Urban Rural

1. Patel 50.00% 30.00%
2. Brahmin 49.01% 42.85%
3. OBC 46.25% 25.00%
4. Kshatriya 41.77% 36.36%
5. Vaishya 32.20% 00.00%
6. SC/ST N.A. N.A.
Average% - 43.84% 26.84%

Table N0.6-82
I don’t want to declare this matter.

451
Sr.No. Caste Urban Rural
1. Kshatriya 30.37% 45.45%
2. Vaishya 22.78% 50.00%
3. OBC 22.50% 41.66%
4. Brahmin 19.60% 42.85%
5. Patel 15.00% 40.00%
6. SC/ST N.A. N.A.
Average% - 22.05% 43.99%

NOTE :- 1.69% - from where it is cheaply available

(one Vaishya)

This is a queer case of non-acceptability of Dalits

by the Caste Hindus. 65.57% Caste Hindus from urban
area & 7.14% Caste Hindus from rural area
respectively do not prefere to accept things from Dalits
even when the same is of good quality & sold at
cheaper rates as compared to the quality & rate of the
Caste Hindus’ goods, commodities & victual. 13.57%
from urban and 4.85% from rural area respectively will
accept all items from Caste Hindus only and not from
Dalits without any other consideration other than Caste &
Caste based idea of high & low and the untouchability.
55.72% and 15.05% Caste Hindus from urban & rural
area respectively said that they will purchase such stuff
from Dalits.

452
 43.84% Caste Hindus from urban area and 26.84%
Caste Hindus from rural area respectively have said that
they can’t say anything in this regards. They are in fact,
called proverbial fence-sitters.

22.05% Caste Hindus from urban area & 43.99%

Caste Hindus from rural area respectively said that they
do not want to declare this matter. A diplomatic reply in
fact.

Table N0.6-83
Summary of acceptability/non-acceptability of victual and
goods from Dalit shopkeepers.

Sr. Item Urban Rural

No.
(1) Not from Dalits 65.57% 7.14%
(2) From Caste Hindus 13.57% 4.85%
(3) Can’t say anything 43.84% 26.84%
(4) Don’t want to declare 22.05% 43.99%
this matter.
Total 145.03% 82.82%
(5) From Dalits (-) 55.72% 15.05%
Total (=) 89.31% 67.77%

Thus 89.31% Caste Hindus from urban area &

67.77% Caste Hindus from rural area respectively are not

453
 TABLE NO. 6-84
RELATIONSHIP WITH DALITS & ADIVASIS

SR. CASTE & VERY CLOSE CLOSE AVERAGE NOT AT ALL N.A. TOTAL
NO. PERCENTAGE RESPONDENTS
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 3+2 14+1 26+4 8+0 - 51+7=58

% 5.88+28.57 22.45+14.28 5.88+28.57 27.45+00.00 -

2. KSHATRIYA 7+4 22+2 47+4 3+1 - 79+11=90

% 8.86+36.36 27.84+18.18 59.49+36.36 3.79+9.09 -

454
3. VAISHYA 6+1 23+0 23+1 7+0 - 59+2=61
% 10.16+50.00 38.98+00.00 38.98+50.00 11.86+00.00 -

4. OBC 11+1 21+4 44+7 4+0 - 80+12=92

% 13.75+8.33 26.25+33.33 55.00+58.33 5.00+00.00 -

5. PATEL 5+1 6+5 36+2 13+2 - 60+10=70

% 8.33+10.00 10.00+50.00 60.00+20.00 21.66+20.00 -

6. SC/ST - - - - 38+2 38+2=40

% - - - - 100.00+100.00

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
in favour of acceptance of Dalits’ good & services only
because of Caste prejudice & hatred.

The Caste Hindus were asked about their

relationship with Dalits and Adivasis. The percentage of
responses is indicator of degree of acceptability which
is as under :-

Table N0.6-85
Very close relationship with SCs/STs.

Sr.No. Caste Urban Rural

1. OBC 13.75% 8.33%
2. Vaishya 10.16% 50.00%
3. Kshatriya 8.86% 36.36%
4. Patel 8.33% 10.00%
5. Brahmin 5.88% 28.57%
6. SC/ST - -
Average% - 9.39% 26.65%

Table N0.6-86
Caste Hindus’ close relationship with SCs/STs.

Sr.No. Caste Urban Rural

1. Vaishya 38.98% Nil
2. Kshatriya 27.84% 18.18%
3. OBC 26.25% 33.33%
4. Brahmin 22.45% 14.28%

455
 5. Patel 10.00% 50.00%
6. SC/ST N.A. N.A.
Average% - 25.10% 23.15%

Table N0.6-87
Caste Hindus’average relationship with SCs/STs.

Sr.No. Caste Urban Rural

1. Patel 60.00% 20.00%
2. Kshatriya 59.49% 36.36%
3. OBC 55.00% 58.33%
4. Vaishya 38.98% 50.00%
5. Brahmin 5.88% 28.57%
6. SC/ST N.A. N.A.
Average% - 43.87% 38.65%

Table N0.6-88
Caste Hindus do not have any relationship at all with
SCs/STs

Sr.No. Caste Urban Rural

1. Brahmin 27.45% Nil
2. Patel 21.66% 20.00%
3. Vaishya 11.86% Nil
4. OBC 5.00% Nil
5. Kshatriya 3.79% 9.09%
6. SC/ST N.A. N.A.
Average% - 13.95% 5.81%

456
 9.39% Caste Hindus from urban areas and 26.65%
Caste Hindus from rural areas respectively have stated
that they have “very close” relationship with the Dalits
& Adivasis.

25.10% Caste Hindus from urban area & 23.15%

Caste Hindus from rural area respectively have stated
that they have “close” relationship with Dalits and
Adivasis.

43.87% Caste Hindus from urban areas & 38.65%

Caste Hindus from rural area respectively have stated
that they have “Average” relationship with Dalits &
Adivasis.

13.95% Caste Hindus from urban area & 5.81%

Caste Hindus from rural area respectively “do not have
at all” any relationship with the Dalits & with the
Adivasis. If we combine “very close” and “close”
relationship, the percentage of relationship of Caste
Hindus with Dalits & Adivasis from urban and rural
areas comes to 34.49% and 49.8% respectively. The
Caste Hindus in rural areas are having “closer” relations
with the Dalits & adivasis as compared to caste Hindus
from urban areas.

457
 The 13.95% Caste Hindus from urban area &
5.81% Caste Hindus from rural area stated that they do
not have any relationship with either the Dalits or with
the Adivasis. Why such state of total non-communication
has occurred is not known but may be, they might not
have been occupationally connected with the Dalits &
with the Adivasis at all and hence total isolation prevails
or they might have kept themselves away from such
relationship due to Caste based hatred & contempt.

In this Chapter we have seen the acceptence of the

Dalits as well as non-acceptance of Dalits by the Caste
Hindus both in urban areas & rural areas and the
percentage of such acceptance and non-acceptance in both
urban and rural area and at the same time seen &
analysed the social opposition from Caste Hindus in
many social matters like wedding of a Dalit boy with a
Caste Hindu girl or a Caste Hindu’s boy with Dalit girl.
Though the “Varnavyavastha” had permitted “Anulom” &
“Pratilom” marriages between different varnas, today’s even
highly educated persons belonging to Caste Hindu fold
do not hesitate to oppose such inter-caste marriages.
Besides marriage, they also oppose inter-caste community
dinner not only of themselves but also of their wards &
children in schools. We have also seen responses from
Caste Hindus like “We do not want to accept the Dalits
on any occasion,” which suggests the prevalence of social

458
 theory of exclusion. Such opposition & exclusion
mentality is so strong that in certain cases, even a most
temporary and transitory company of the Dalits like
accidental meeting in toilet for urinal purposes is also
not acceptable and the same is completely abhorred by
the Caste Hindus. Some of the Caste Hindus have also
expressed their opinions that, “We don’t want even the
shadow of the Dalits.” Dalits to them are not acceptable
but even their shadows are also not acceptable. This
reminds of the Peshwas’ Rule13 in Poona when the
Peshwas by official notification & declaration ordered the
Dalits not to come out of their houses before 9.00 AM
& after 3.00 PM as during this period, due to position
of sun in the sky, the shadows are longer and hence if
the Dalits come out during morning and evening, they by
their shadows can pollute larger numbers of Caste
Hindus. One can conclude on the basis of above facts
that the same Peshwas’ Caste based mentality still exists
in some Caste Hindus who said , “Even shadow of the
Dalits is not acceptable” to them.
____________________________________________________
References:-
1. Ambedkar, Dr. Baba Saheb, Writing and Speeches, The
Education Department, Government of Maharashtra,,
Bombay-400032, January, 1990, Vol.7, p.365-366.
2. Ghurye, G.S., Caste, Class and Occupation, Popular
Book Depot,, Bombay-7, October,1961, p.58

459
3. Lynnvincentnathan, Untouchable Concept of Person,
Department of Sociology, Aurora University, Aurora,
Illionois-60506-4892, U.S.A., November,1988 (Paper
Presentation), p.62
4. Ghurye, G.S., Caste, Class and Occupation, Popular
Book Depot,, Bombay-7, October,1961, p.51
5. Ibid, p.79
6. Ibid, p.7
7. Ibid
8. Ibid, p.51
9. Ibid
10. Ibid, p.51-52
11. Ambedkar, Dr. Baba Saheb, Writing and Speeches, The
Education Department, Government of Maharashtra,,
Bombay-400032, January, 1990, Vol.7, p.379
12. Makwana M.H., Impact of Globalization and Socio-
Economic Development of Dalits - A Case Study of
Gujarat, (Survey of six Urban Areas of Gujarat)
2009
13. Ghurye, G.S., Caste, Class and Occupation, Popular
Book Depot,, Bombay-7, October,1961, p.11.

460
 Chapter-7
Social Change, Social Leadership and
views on Legal Provisions

“It is not the strongest of the species that survive,

nor the most intelligent, but the one most responsive to
change.”1
-Charles Darwin.

Darvin’s above quotation gives more importance to

responsiveness to change than the strength or intelligence
of the species. If species despite their strength &
intelligence are not responsive to change then they can
not survive. What a wonderful way Darwin has justified
the importance of change and its powerful impact on the
life of all species including the strongest one & the
most intelligent one.

Every change is opposed howsoever good and

noble aim & intention might be there behind it. There
are so many reasons for such opposition to change as
people desire continuity and stability. They fear about the
change because of the fact that they are not fully aware
about the utility of the change. People by and large are
status quoist by nature & though they like change, yet
they have inhibitions about it. It is surprising to know
that the Indian National Congress and its leaders
including Gandhiji in its early years wanted the British
to continue to rule in India and subsequent changes led
461
 TABLE NO. 7-1
CASTE & DALITS’ STATUS

SR. CASTE & CHANGE MUST CASTE SHOULD SOCIETY GETS SOCIETY BECOMES MORE TOTAL
NO. PERCENTAGE COME IN REMAIN AS FRAGMENTED DUE MODERN & STRONG RESPONDENTS
SOCIAL IT IS IN TO SOCIAL CHANGE DUE TO SOCIAL CHANGE
ORDER SOCIAL ORDER IN CASTE SYSTEM IN CASTE SYSTEM
U-R U-R U-R U-R U-R-T

1. BRAHMIN 27+3 9+1 5+1 10+2 51+7=58

% 52.94+42.85 17.64+14.28 9.80+14.28 19.60+28.57

2. KSHATRIYA 54+6 5+2 5+0 15+3 79+11=90

% 68.35+54.54 6.32+18.18 6.32+00.00 18.98+27.27

3. VAISHYA 32+2 4+0 2+0 24+0 59+2=61

462
% 54.23+100.00 6.77+00.00 3.38+00.00 40.67+00.00

4. OBC 47+6 13+4 7+0 13+2 80+12=92

% 58.75+50.00 16.25+33.33 8.75+00.00 16.25+16.63

5. PATEL 35+6 3+0 4+2 18+2 60+10=70

% 58.33+60.00 5.00+00.00 6.66+20.00 30.00+20.00

6. SC/ST 32+2 - - 10+0 38+2=40

% 84.21+100.00 - - 26.31+00.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
them to challenge the British and wanted a change in
Indian politics which involved departure of the British
from India & establishment of democracy in India & full
State powers to the Indians. Now such a change was
not only resisted by the British but stringent measures
were taken against the freedom fighters who wanted &
were struggling for freedom. The vested interest groups
too are opposed to any change in the system in force.

Now let us examine the responses of respondents about

social changes involving the Caste Hindus & Dalits on various
social issues. Opinions were asked about emerging social
change in castes which gives equal status to Dalits. The
social change giving equal status to Dalits may be desisted
and may not be liked by the Caste Hindus. The analysis
of responses will clear the hypothesis.

Table N0.7-2
Change must come in social order.
Sr.No. Caste Urban Rural
1. SC/ST 84.21% 100.00%
2. Kshatriya 68.35% 54.54%
3. OBC 58.75% 50.00%
4. Patel 58.33% 60.00%
5. Vaishya 54.23% 100.00%
6. Brahmin 52.94% 42.85%
Average% - 62.80% 67.89%

463
 Only Caste Hindus’ average opinion
Urban Rural
58.52% 53.18%

62.80% and 67.89% respondents respectively from

urban and rural areas believe that change must come in
social order which gives equal status to the Dalits.
Brahmins’ percentage for such belief is the lowest among
all castes but the SCs/STs’ percentage is the highest so
far as change in social order giving equal status to the
Dalits is concerned. The Kshatriyas’ such belief is
second highest in urban area after SCs/STs as can be
seen from above Table No.7-2. The percentage of OBCs,
Patels and Vaishyas in such belief is lower. A strange
situation has thus arisen that higher the caste, lower is
the percentage for social change giving equal status to
the Dalits. Though the higher castes have higher
educational level despite that the required attitudinal
change in the thinking does not seem to have come on
par with the lower castes.

Table No.7-3
Caste should remain as it is in social order.

Sr.No. Caste Urban Rural

1. Brahmin 17.64% 14.28%
2. OBC 16.25% 33.33%

464
3. Vaishya 6.77% Nil
4. Kshatriya 6.32% 18.18%
5. Patel 5.00% Nil
6. SC/ST - -
Average% - 10.39% 13.15%

With 17.64% and 14.28% Brahmin respondents are at

top in believing that caste should remain as it is in
social order. Though educationally Brahmins are very
advanced yet their educational advancement has failed to
bring much change in their age-old belief about caste
and caste-based discrimination. The SCs/STs do not at
all believe that caste should remain as it is in social
order. 16.25% and 33.33% OBCs respectively from
urban and rural areas believe that caste should remain as
it is in social order. 6.77% Vaishyas in urban area
believe that caste should remain as it is while none
from the Vaishyas believe so in rural area. Thus it
seems rural Vaishyas are in favour of change in caste.
6.32% and 18.18% Kshatriyas respectively from urban
and rural areas believe that caste should remain as it is.
5% Patels from urban area believe that caste should
remain as it is while none from Patel respondents in
rural area belive that caste should remain as it is in
social order. Thus on an average only 10.39% and
13.15% respondents respectively from urban and rural
areas are “status quoists” so far as change in caste
giving equal status to Dalits is concerned.
465
 Table N0.7-4
Society gets fragmented due to
social change in caste system.

Sr.No. Caste Urban Rural

1. Brahmin 9.80% 14.28%
2. OBC 8.75% Ni
3. Patel 6.66% 20.00%
4. Kshatriya 6.32% Nil
5. Vaishya 3.38% Nil
6. SC/ST N.A. N.A.
Average% - 6.98% 6.85%/

9.80% urban and 14.28% rural Brahmin respondents

believe that society gets fragmented due to social change
in caste system. Again Brahmins are at the top having
such belief against equal status to the Dalits due to
change in the caste system. This is indicator of “Status
Quoist” attitude. Followed by Brahmins are the OBCs
having such “Status Quoist” thinking about social change
giving equal status to the Dalits. It is surprising that
no OBC in rural area is holding such negative view
about social change. 6.66% and 20.00% Patel
respondents respectively from urban and rural areas too
are holding such “Status Quoist” view on change in the
caste system. Only 6.32% Kshatriya respondents from
urban arrea holds such “Status Quoist” view while no
Kshatriya respondent from rural area holds such “Status
466
Quoist” view about change in the caste giving equal
status to the Dalits. The percentage to hold such “Status
Quoist” view from Vaishyas from urban area is 3.38%
which is the lowest as compared to all other castes and
none from the Vaishyas in rural area holds such view
that society gets fragmented due to social change in
caste system giving equal status to the Dalits.

Table N0.7-5
Society becomes more modern and strong due to
social change in caste system.

Sr.No. Caste Urban Rural

1. Vaishya 40.67% Nil
2. Patel 30.00% 20.00%
3. SC/ST 26.31% Nil
4. Brahmin 19.60% 28.57%
5. Kshatriya 18.98% 27.27%
6. OBC 16.25% 16.63%
Average% - 25.30% 15.41%/

40.67% Vaishya respondents from urban area

believe that society becomes more modern and strong
due to social change in caste system while none from
Vaishys in rural area (Nil) believes so. 30.00% and
20.00 Patels respectively from urban and rural areas
believe that society becomes morre modern and strong
due to social change in caste system. The SCs/STs come
3rd for having such view with 26.31% SCs/STs from
467
urban area. None of the SCs/STs’ respondent from rural
area holds such view. 19.60% and 28.57% Brahmin
respondents respectively from urban and rural areas
believe that society becomes more modern and strong
due to social change in caste system. Their number
comes 4rth in above Table N0.7-5. 18.98% and 27.27%
Kshatriya respondents respectively from urban and rural
areas believe that society becomes more modern and
strong due to social change in caste system. 16.25% and
16.63% OBCs respectively from urban and rural areas
believe that society becomes more modern and strong
due to social change in caste system.

The average percentage of Caste Hindus i.e.

Brahmins, Kshatriyas,Vaishyas, OBcs and Patels comes to
58.52% from urban area & 61.47% from rural areas
respectively. These caste Hindus believe that change must
come in social order which may give equal status to
Dalits in Society whereas the percentage of SCs/STs with
such belief is very very high. 84.21% Dalits from urban
area & 100.00% Dalits from rural areas welcome such
change wholeheartedly. The lowest percentage is that of
Brahmins who come in the bottom so far such change
is concerned. Their percentage is 52.94% in urban areas
& 42.85% in rural area respectively. This is much
below the average percentage of 62.80% & 67.89%
respectively for urban and rural areas.

Next comes the question of total blocade for any

468
change. Here Brahmin tops the list with 17.64% in
urban area & 14.28% in rural area believing that caste
should remain as it is in social order. On an average
10.39% Caste Hindus in urban area & 13.15% caste
Hindus in rural areas have such status quoist belief not
favouring social change at all.

Third view is that society gets fragmented due to

social change in caste system. Here also main opposition
comes from Brahmins whose percentage is the highest
i.e. 9.80% in urban area & 14.28% in rural area
whereas the average percentage is 6.98% & 6.85%
respectively from urban area & rural area. Thus Brahmins
are doubly resistant and fearful about social change than
other sections of the society.

There are people who believe that society becomes

more modern & strong due to socetal change in caste
system. 25.30% urban & 15.41% rural respondents
respectively hold such view in favour of social change in
the caste system.

Thus total 88.1% respondents from urban area &

83.3% respondents from rural area desire change and are
in favour of social change who believe that change must
come in social order and society must become more
modern and strong by social change in caste system
whereas only 17.37% respondents from urban area and
20.00% respondents from rural area are “Status Quoist”
469
 TABLE NO. 7-6
HOW TO BRING SOCIAL CHANGE ?

SR. CASTE & BY SOCIAL BY SAINTS, SADHUS, BY MEDIUM OF BY NEWS PAPERS, TOTAL
NO. PERCENTAGE REFORMERS MAHANTS, LAW, BY USING LAW T.V. CHANNELS & RESPONDENTS
RISHIS, MUNIS, AS AN INSTRUMENT PUBLICITY MEDIA
KATHAKARS, LIKE RADIO THROUGH
BHAJANICS, ETC. PERSUASION
U-R U-R U-R U-R U-R-T

1. BRAHMIN 20+2 10+3 5+0 16+2 51+7=58

% 39.21+28.57 19.60+42.85 9.80+00.00 31.87+28.57

2. KSHATRIYA 52+5 12+2 7+1 18+4 79+11=90

% 65.82+42.45 15.18+18.18 8.86+9.09 28.78+36.36

470
3. VAISHYA 27+0 13+1 11+0 16+1 59+2=61
% 45.76+00.00 22.03+50.00 18.64+00.00 27.11+50.00

4. OBC 27+7 13+2 14+2 31+4 80+12=92

% 33.75+58.33 16.25+16.16 17.5+16.66 38.75+33.33

5. PATEL 15+5 15+3 17+0 13+2 60+10=70

% 25.00+50.00 25.00+30.00 28.33+00.00 21.66+20.00

6. SC/ST 13+1 14+0 17+1 19+2 38+2=40

% 34.21+50.00 36.84+00.00 44.73+50.00 50.00+100.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 who believe that caste should remain as it is in social
order and due to their fearfulness about change, they
believe that society gets fragmented due to social change
in caste system for providing equal status to the Dalits.

Responses were elicited about how social change

should be brought about. Analysis of their responses
is as under :-

Table N0.7-7
Social change should be brought about
by social reformers.

Sr.No. Caste Urban Rural

1. Kshatriya 65.82% 42.45%
2 Vaishya 45.76% Nil
3. Brahmin 39.21% 28.57%
4. SC/ST 34.21% 50.00%
5. OBC 33.75% 58.33%
6. Patel 25.00% 50.00%
Average% - 40.62% 38.22%

Table N0.7-8
Social change should be brought about by Saints, Sadhus,
Mahants, Rishis, Munis, Kathakars, Bhajanics etc.

Sr.No. Caste Urban Rural

1. SC/ST 36.84% Nil
2. Patel 25.00% 30.00%
471
 3. Vaishya 22.03% 50.00%
4. Brahmin 19.60% 42.85%
5. OBC 16.25% 16.16%
6. Kshatriya 15.18% 18.18%
Average% - 22.48% 26.19%

Table N0.7-9
Social change should be brought about by
using law as an instrument.

Sr.No. Caste Urban Rural

1. SC/ST 44.73% 50.00%
2. Patel 28.33% Nil
3. Vaishya 18.64% Nil
4. OBC 17.50% 16.66%
5. Brahmin 9.80% Nil
6. Kshatriya 8.86% 9.09%
Average% - 21.31% 12.62%

Table N0.7-10
Social change should be brought about by persuasion
through media and propaganda.

Sr.No. Caste Urban Rural

1. SC/ST 50.00% 100.00%
2. OBC 38.75% 33.33%
3. Brahmin 31.87% 28.57%

472
4. Kshatriya 28.78% 36.36%
5. Vaishya 27.11% 50.00%
6. Patel 21.66% 20.00%
Average% - 33.02% 44.71%

40.62% respondents from urban area & 38.22%

respondents from rural area respectively believe that social
change should be brought about by the social reformers.
After independence number of real social reformers has
fast diminished and now there are no social reformers
but social workers who try to sort out peoples’ problems
but they do not aim to reform them. They also do not
claim to be social reformers but call themselves social
workers. 22.48% respondents from urban area & 26.19%
respondents from rural area respectivelly believe that
social reforms should be brought about by Saints,
Sadhus, Mahants, Rishis, Munis, Kathakars & Bhajniks
whereas 21.31% respondents from urban area & 12.62%
respondents from rural area respectively believe that social
change should be brought about by medium of law
using law as an instrument of social change. 33.02%
respondents from urban area & 44.71% respondents from
rural area respectively believe that social change should
be brought about by the newspapers, T.V. channels, Radio,
i.e. by both Electronic & print media.

The era of social reformers like Raja Ram Mohan

473
Roy, Jotiba Phule, Gandhiji, Dr. Ambedkar, Thakkar Bapa
& many others like them is already over. The saints,
sadhus and others like them do not have greater vision
and their sphere of activities mostly revolves around
construction of “Ram Temple” “Shaahi Snaan” “Akhada”,
“Yoga & Pranayam” “issuance of forecasts based on
astrology, palmistry” etc. which all have very little
relevance with current and permanent social issues, like
caste based discrimination, disabilities & practice of
untouchability.

The electronic & print media is preoccupied with

entertainment and commercial affairs that it can hardly
play any commited & constructive role in social change.
Then, only law can prove to be an effective instrument
for social change. For example “Sati system” was
uprooted by social change brought about by the
instrument of law only. The people, however have
prioritised the medium of social change as under. First-
social reformers, second media, third saints, sadhus,
mahants and fourth - law as an instrument of social
change.

A direct & clear question was asked as what do

the respondents think about social change. Let us analyse
their responses as under:-

474
 TABEL NO. 7-11
RESPONDENTS’ THOUGHTS ON SOCIAL CHANGE ?

SR. CASTE & CANGE IS THE CHANGE REJUVENATES CHANGE SHOULD NOT SOCIETY SHOULD TOTAL
NO. PERCENTAGE RULE OF SOCIETY & SOCIETY TAKE PLACE RUN AS IT IS RUNNING RESPONDENTS
IT MUST TAKE PLACE MAINTAINING “STATUS QUO”
U-R U-R U-R U-R U-R-T

1. BRAHMIN 32+2 9+3 5+0 5+2 51+7=58

% 62.74+28.57 17.64+42.85 9.80+00.00 9.80+28.57

2. KSHATRIYA 67+9 10+1 3+1 3+1 79+11=90

% 74.81+81.81 12.65+9.09 27.27+9.09 27.27+9.09

475
3. VAISHYA 42+2 13+0 2+0 4+0 59+2=61
% 71.81+100.00 22.3+00.00 3.38+00.00 6.77+00.00

4. OBC 47+4 20+4 10+0 3+4 80+12=92

% 58.75+33.33 25.00+33.33 12.5+00.00 3.75+33.33

5. PATEL 37+8 7+2 5+0 11+0 60+10=70

% 61.66+80.00 11.66+20.00 8.33+00.00 18.33+00.00

6. SC/ST 33+1 16+1 - - 38+2=40

% 86.84+50.00 42.10+50.00 - -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table N0.7-12
Change is the rule of society and it must take place.

Sr.No. Caste Urban Rural

1. SC/ST 86.84% 50.00%
2. Kshatriya 74.81% 81.81%
3. Vaishya 71.81% 100.00%
4. Brahmin 62.74% 28.57%
5. Patel 61.66% 80.00%
6. OBC 58.75% 33.33%
Average% - 69.43% 62.28%

Table N0.7-13
Change rejuvenates society.

Sr.No. Caste Urban Rural

1. SC/ST 42.10% 50.00%
2. OBC 25.00% 33.33%
3. Vaishya 22.30% Nil
4. Brahmin 17.64% 42.85%
5. Kshatriya 12.65% 09.09%
6. Patel 11.66% 20.00%
Average% - 21.89% 25.87%

Table N0.7-14
Change should not take place.

Sr.No. Caste Urban Rural

1. Kshatriya 27.27% 9.09%
2. OBC 12.5% Nil
476
3. Brahmin 9.80% Nil
4. Patel 8.33% Nil
5. Vaishya 3.38% Nil
6. SC/ST - -
Average% - 12.25% 1.81%

Table N0.7-15
Society should run as it is running maintaining
“Status quo.”

Sr.No. Caste Urban Rural

1. Kshatriya 27.27% 9.09%
2. Patel 18.33% Nil
3. Brahmin 9.80% 28.57%
4. Vaishya 6.77% Nil
5. OBC 3.75% 33.33%
6. SC/ST - -
Average% - 13.18% 14.91%

69.43% urban respondents and 62.28% respondents from rural

area respectively believe that change is the rule of society
and it must take place. 21.89% respondents from urban area
and 25.87% respondents from rural area respectively feel
that change rejuvenates the decadent society.

There also few people in society who do not want

change and want to live as an usual life. Thus 12.25%
Caste Hindus from urban area & 1.81% Caste Hindus

477
from rural area respectively believe that change should
not take place. The Kshatriyas are at No. 1 in this
categories of people who are against any change in the
society. Naturally such people in this catagory will raise
a banner of revolt when any significant change is
attempted to be brought about in the society. There is
also similar type of group of people who belives that
society should run as it is running maintaining Status
Quo. 13.18% Caste Hindus from urban area & 14.91%
Caste Hindus from rural area respectively believing in
the theory of Status Quo and again the Kshatriyas are at
the top in the group of people believing in the Status
Quo theory. Thus mainly two group emerge - (1) SCs/
STs and (2) Kshatriyas. The former believes in the
change while the later believes in the“Status Quo”.
Majority of people believes in change. 91.32% people in
urban area and 88.15% people from rural area are in
favour of social change. 25.43% Caste Hindus from
urban area and 16.72% Caste Hindus from rural area are
opposed to change. Responses were solicited as to what
the respondents think are the reasons by which people
advance in life in social, educational, economic, political
etc. matters. They think as under :-

478
 TABEL NO. 7-16
WHAT DO YOU THINK, ARE THE REASONS BY WHICH PEOPLE ADVANCE IN LIFE IN SOCIAL,
EDUCATIONAL, ECONOMIC, POLITICAL ETC. MATTERS ?

SR. CASTE & BY OWN INTELLECTUAL BY OWN BY GOOD ACTS BY INFLUENCE & CAN’T SAY TOTAL
NO. PERCENTAGE POWER CASTE OF PREVIOUS LIFE RELATIONSHIPS ANYTHING RESPONDENTS
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 44+7 4+0 - 3+0 - 51+7=58

% 86.27+100.00 7.84+00.00 - 5.88+00.00 -

2. KSHATRIYA 70+11 7+0 1+0 - 0+1 79+11=90

% 88.60+100.00 8.86+00.00 1.26+00.00 - 00.00+9.09

479
3. VAISHYA 51+1 5+1 1+0 2+0 - 59+2=61
% 86.44+50.00 8.47+50.00 1.69+00.00 3.38+00.00 -

4. OBC 61+9 15+2 2+0 2+1 - 80+12=92

% 76.25+75.00 18.75+16.66 25.00+00.00 25.00+8.33 -

5. PATEL 49+9 9+0 1+1 1+0 - 60+10=70

% 81.66+90.00 15.00+00.00 1.66+10.00 1.66+00.00 -

6. SC/ST 35+2 4+0 1+0 5+0 - 38+2=40

% 92.10+100.00 10.52+00.00 2.63+00.00 13.15+00.00 -

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table N0.7-17
Advancement in life is due to one’s own intellectual
powers.

Sr.No. Caste Urban Rural

1. SC/ST 92.10% 100.00%
2. Kshatriya 88.66% 100.00%
3. Vaishya 86.44% 50.00%
4. Brahmin 86.27% 100.00%
5. Patel 81.66% 90.00%
6. OBC 76.25% 75.00%
Average% - 85.22% 85.83%

Table No.7-18
Advancement in life is due to one’s own caste.

Sr.No. Caste Urban Rural

1. OBC 18.75% 16.66%
2. Patel 15.00% Nil
3. SC/ST 10.52% Nil
4. Kshatriya 8.86% Nil
5. Vaishya 8.47% 50.00%
6. Brahmin 7.84% Nil
Average% - 11.57% 11.11%

480
 Table N0.7-19
Advancement in life is due to good acts of previous life.

Sr.No. Caste Urban Rural

1. OBC 25.00% Nil
2. SC/ST 2.63% Nil
3. Vaishya 1.69% Nil
4. Patel 1.66% 10.00%
5. Kshatriya 1.26% Nil
6. Brahmin - -
Average% - 5.37% 1.66%

Table N0.7-20
Advancement in life is due to one’s influence &
relationships.

Sr.No. Caste Urban Rural

1. OBC 25.00% 8.33%
2. SC/ST 13.15% Nil
3. Brahmin 5.88% Nil
4. Vaishya 3.38% Nil
5. Patel 1.66% Nil
6. Kshatriya - -
Average% - 8.17% 1.38%

481
 Table N0.7-21
Can’t say anything about one’s advancement in life.

Sr.No. Caste Urban Rural

1. Kshatriya Nil 9.00%
2. Brahmin - -
3. Vaishya - -
4. OBC - -
5. Patel - -
6. SC/ST - -
Average% - Nil 1.50%

Here, an attempt was made to find out that how

people advance in life, whose help they think is
responsible for one’s advancement in life ? Majority of
respondents i.e. 85.22% and 85.83% respectively from
urban & rural areas feel that reason of advancement in
life is one’s own intelligence. However, 11.57 respondents
from urban area & 11.11% respondents from rural area
felt that one’s own caste is responsible factor for one’s
advancement in life. Yet the oldest theological theory
seems to be remembered by few others who felt that
the reasons for one’s advancement in life are one’s
own good acts in previous life. They are respecteively
5.37% from urban area & 1.66% from rural area.

Other respondents, 8.17% from urban area &

482
1.38% from rural area felt that people advance in life
by influence & relationships.

Thus the first reason given by the respondents for

one’s advancement in life is one’s intelligence and only
peripheral importance is given to other matters like caste,
good acts of previous life, influence and relationships.
These are extraneous factors, reasons and the sum total
of all these factors comes to only 25.11% & 14.15%
respectively in urban and rural areas which is much less
than the percentage of first option i.e. “ one’s own
intelligence” which is respectively 85.22% in urban area
& 85.83% in rural area. It is an important question
then why respondents resist any change in social sector
involving caste ?

9.00% Kshatriyas from rural area have expressed

their inability about saying anything and thus they have
come in the “can’t say anything” category.

To test the change, if any, in the mindset of all

castes a question was asked whether would they like to
do the scavenging work in government service which is
done by the members of the Valmiki Caste ? Analysis of
their responses is as under :-

483
 Table N0.7-22
Readiness to do scavenging work done by the
members of theValmiki caste.

Sr.No. Caste Urban Rural

1. SC/ST 47.36% Nil
2. Brahmin 37.25% 14.28%
3. Kshatriya 29.11% 27.27%
4. OBC 26.25% 8.33%
5. Patel 23.33% 40.00%
6. Vaishya 22.03% Nil
Average% - 30.88% 14.98%

Caste Hindus’ %
Urban Rural
27.50 17.97%

Table No7-23
Not ready to do scavenging work done by the members
of the Valmiki caste

Sr.No. Caste Urban Rural

1. Vaishya 49.15% 100.00%
2. Patel 40.00% 40.00%
3. OBC 36.25% 25.00%
4. Brahmin 31.37% 42.85%
5. Kshatriya 26.58% 18.18%
6. SC/ST 26.31% 50.00%
Average% - 34.94% 46.00%
484
 Caste Hindus’ %
Urban Rural
36.67% 45.20%

Table N0.7-24
Shall never do scavenging work done
by the members of Valmiki Caste.

Sr.No. Caste Urban Rural

1. OBC 10.00% 8.33%
2. Brahmin 7.84% Nil
3. Patel 5.00% Nil
4. SC/ST 2.63% Nil
5. Kshatriya 2.53% 9.09%
6. Vaishya 1.69% Nil
Average% - 4.94% 2.90%

Table N0.7-25
However high salary & howsoever high post is given despite
“NO.” Even if starving “NO,” to do the scavenging work
done by the members of the Valmiki caste.

Sr.No. Caste Urban Rural

1. OBC 8.75% Nil
2. SC/ST 2.63% Nil
3. Kshatriya 1.26% Nil
4. Brahmin Nil 14.28%
485
5. Vaishya - -
6. Patel - -
Average% - 2.10% 2.38%

Table N0.7-26
Not applicable

Sr.No. Caste Urban Rural

1. Kshatriya 40.50% 45.45%
2. Patel 31.66% 20.00%
3. Vaishya 27.11% Nil
4. Brahmin 23.52% 28.57%
5. SC/ST 21.50% 50.00%
6. OBC 18.75% 58.33%
Average% - 27.17% 33.72%

47.36% Scheduled caste people from urban area

have shown preparedness to do scavenging work whereas
none from SCs from rural area has shown such
preparedness. Surprisingly 37.25% Brahmins from urban
area and 14.28% Brahmins from rural area respectively
have shown preparedness to do the scavenging work.
29.11% & 27.27% Kshatriyas respectively from urban and
rural areas are ready to do the scavenging work done by
the Valmiki people. 26.25% OBCs from urban areas and
8.33% OBCs from rural areas also are ready to do the
scavenging work. 23.33% Patels from urban areas and

486
40.00% Patels from rural areas respectively are ready to
do the scavenging work. 22.03% Vaishyas from urban
area are also prepared to do the scavenging work. Thus,
average 27.59% Caste Hindus from urban area &
17.97% Caste Hindus from rural area respectively have
expressed their readiness to do the scavenging work
which is being done by the lowest Scheduled Caste
persons i.e. members of Valmiki comunity.

36.67% Caste Hindus from urban area & 45.20%

Caste Hindus from rural areas respectively said “No” in
doing scavenging work. Similarly 26.31% Scheduled
Castes from urban area 25.00% Scheduled Castes from
rural area respectively (excepting Valmikis) have said
“No” to do the scavenging work.

4.94% respondents from urban area including

Scheduled Castes (excluding Valmikis) and 2.90%
respondents from rural area respectively have said that
they will “Never” do the scavenging work. Similar view
is expressed by them not to do scavenging work
howsoever high salary and howsoever high post is
offered to them, despite that they will not do the
scavenging work. Their percentage is 2.10% in urban
area & 2.38% respectively from rural area. They have
further strongly said no for this work even if they
starve, they will not do the scavenging work.

487
 TABLE NO. 7-27
SHOULD GOVT. ASSISTANCE TO SCs/STs BE CONTINUED ?

SR. CASTE & YES NO UNCERTAIN OTHER REPLY PL. SPECIFY SUCH TOTAL
NO. PERCENTAGE ASSISTANCE RESPONDENTS
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 14+4 26+2 8+1 3+0 SUCH ASSISTANCE 51+7=58

SHOULD BE GIVEN ON
ECONOMIC CRITERIA
% 27.45+57.14 50.98+28.57 15.68+14.28 5.88+00.00 -

2. KSHATRIYA 44+9 28+1 6+1 1+0 NOT SPECIFIED 79+11=90

% 55.69+81.81 35.44+9.09 7.59+9.09 1.26+00.00 -

3. VAISHYA 29+1 26+0 2+1 2+0 NEEDY TO BE GIVEN 59+2=61

% 49.15+50.00 44.6+00.00 3.38+50.00 3.38+00.00 -

488
4. OBC 44+7 18+1 15+2 3+2 NOT SPECIFIED 80+12=92
% 55.00+58.33 22.78+8.33 18.75+16.66 3.75+16.66

5. PATEL 36+3 14+5 5+1 5+1 ONLY THOSE WHO

REQUIRED IT SHOULD
BE GIVEN 60+10=70
% 60.00+30.00 23.33+50.00 8.33+10.00 8.33+10.00 -

6. SC/ST 36+2 - 2+0 - NOT SPECIFIED 38+2=40

% 94.73+100.00 - 5.26+00.00 - -

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 The “Not applicable” opinion given by 27.17%
people from urban area and 33.72% people respectively
from rural area is not correct & without understanding
the question, they have given such opinion which does
not merit any attention in this regard.

Responses were solicited whether various types of

assistance/help given to the members of SCs/STs by the
Government should continue ? Analysis of their
responses is as under :-

Table N0.7-28
Government assistance/help to the
SCs/STs should be continued.

Sr.No. Caste Urban Rural

1. SC/ST 94.73% 100.00%
2. Patel 60.00% 30.00%
3. Kshatriya 55.69% 81.81%
4. OBC 55.00% 58.33%
5. Vaishya 49.15% 50.00%
6. Brahmin 27.45% 57.14%
Average% - 57.00% 62.88%

489
 Table N0.7-29
Government assistance/help to the
SCs/STs should not be continued.

Sr.No. Caste Urban Rural

1. Brahmin 50.98% 28.57%
2. Vaishya 44.6% Nil
3. Kshatriya 35.44% 9.09%
4. Patel 23.33% 50.00%
5. OBC 22.78% 8.33%
6. SC/ST - -
Average% - 35.42% 19.19%

Table N0. 7-30

Uncertain about continuation or discontinuation of
Government assistance/help to the SCs/STs.

Sr.No. Caste Urban Rural

1. OBC 18.75% 16.66%
2. Brahmin 15.68% 14.28%
3. Patel 8.33% 10.00%
4. Kshatriya 7.59% 9.09%
5. SC/ST 5.26% Nil
6. Vaishya 3.38% 50.00%
Average% - 9.83% 16.67%

490
 Table N0.7-31
Other reply about Government
assistance/help to the SCs/STs.

Sr.No. Caste Urban Rural

1. Patel 8.33% 10.00%
2. Brahmin 5.88% Nil
3. OBC 3.75% 16.66%
4. Vaishya 3.38% Nil
5. Kshatriya 1.26% Nil
6. SC/ST - -
Average% - 4.52% 5.33%

Table N0.7-32
0ther reply Specified by the respondents.

Sr.No. Caste Urban/Rural

1. Brahmin Such Assistance should be
given on economic criterion.
2. Kshatriya Not specified.
3. Vaishya Needy to be given.
4. OBC Not specified.
5. Patel Only those who required
it should be given.
6. SC/ST -- --

57.00% respondents from urban area 62.88%

491
 respondents from rural area respectively have opined that
various types of assistance/help given to the SCs/STs
should continue. The Brahmins come to the bottom with
27.45% & 57.14% respectively from urban & rural area.

In “No” to the assistance given to SCs/STs by the

Government, Brahmins come on the top with 50.98% &
28.57% respectively from urban and rural area. The
average “No” of the Caste Hindus is 35.42% from
urban areas & 19.19% from rural area respectively.

9.83% & 16.67% respondents respectively from

urban and rural areas are uncertain on this topic. 4.52%
& 5.33% respondents from urban and rural areas are
respectively uncertain on this topic. 4.52% & 5.33%
respondents from urban & rural areas respectively have
given “Other reply” but in fact they have simply ticked
on the option of “Other reply” but other reply is not
specified by them in most of the cases and hence of no
value to us, However, few have given comments like:-
Table N0.7-33
Other comments about Government
assistance/help given to the SCs/STs.
Sr.No. Caste Item
1. Brahmin Such assistance by the Government
should be given not on caste
basis but on economic criterion.
2. Kshatriyas Not specified.
3. Vaishya Needy to be given.
492
4. OBCs Not Specified.
5. Patels Only those who required it
should be given.
6. SCs/STs Not given any other reply. They
believe, such assistance should
continue.

Recognition or acceptance of injustice done to the

Dalits & Adivasis was probed by asking whether do they
feel that injustice is done to the Dalits & Adivasis for
centuries in India. Examination of their responses brought
following outcome :-

Table N0.7-34
Yes, Lot of injustice is done to the
SCs/STs in India for centuries.

Sr.No. Caste Urban Rural

1. SC/ST 97.36% 100.00%
2. OBC 41.25% 16.16%
3. Brahmin 39.21% 28.57%
4. Vaishya 37.28% 100.00%
5. Kshatriya 30.37% 27.27%
6. Patel 28.33% 30.00%
Average% - 45.63% 50.33%

493
 Table N0.7-35
No, no injustice is done to the
SCs/STs in India for centureis.

Sr.No. Caste Urban Rural

1. Kshatriya 18.98% 9.09%
2. Brahmin 13.72% Nil
3. Vaishya 11.86% Nil
4. Patel 10.00% 10.00%
5. OBC 5.00% Nil
6. SC/ST - -
Average% - 11.91% 3.81%

Table N0.7-36
Injustice was done to the SCs/STs in India prior to
independence, now it is removed.

Sr.No. Caste Urban Rural

1. Kshatriya 44.30% 54.54%
2. Brahmin 39.21% 57.14%
3. Vaishya 37.28% Nil
4. OBC 31.25% 66.66%
5. Patel 25.00% 40.00%
6. SC/ST 2.63% Nil
Average% - 29.94% 36.39%

494
 Table N0.7-37
Perhaps most negligible injustice might have been done
to the SCs/STs in India for centuries.

Sr.No. Caste Urban Rural

1. Patel 22.66% 20.00%
2. OBC 22.50% 66.66%
3. Vaishya 13.55% Nil
4. Brahmin 7.84% 14.28%
5. Kshatriya 6.32% 9.09%
6. SC/ST - -
Average% - 14.57% 22.00%

45.63% respondents from urban area & 50.33%

respondents from rural area respectively believe that
injustice to the Dalits & the Adivasis has been done for
centuries in India. However 11.91% Caste Hindus from
rural India believe that no injustice is done to the
Dalits and the Adivasis for centuries in India. 29.94% &
36.39% respondents respectively from urban and rural
areas believe that injustice to Dalits & Adivasis was
done prior to independence but now it is removed.

14.57% & 22.00% Caste Hindus respectively from

urban & rural areas opined that perhaps a little bit,
negligible, ordinary injustice might have been done.

495
 TABLE NO. 7-38
IN WHOSE HANDS, SOCIAL LEADERSHIP SHOULD BE ?

SR. CASTE & SOCIETY’S HIGH ELECTED SAINTS & NO OBJECTION IF IT IS IN TOTAL
NO. PERCENTAGE CASTE/VARNA REPRESENTATIVES MAHANTS THE HANDS OF DALITS RESPONDENTS
PEOPLE IF THEY ARE COMPETENT
IN ALL ASPECTS
U-R U-R U-R U-R U-R-T

1. BRAHMIN 6+2 29+1 1+2 15+2 51+7=58

% 11.76+28.27 26.86+14.28 1.96+28.57 29.41+28.57

2. KSHATRIYA 6+1 33+5 14+2 26+3 79+11=90

% 7.59+9.09 41.77+45.45 17.72+18.18 32.91+27.27

496
3. VAISHYA 7+0 29+1 3+1 20+0 59+2=61
% 11.86+00.00 49.15+50.00 5.08+50.00 33.89+00.00

4. OBC 13+1 38+6 10+2 19+3 80+12=92

% 16.25+8.33 47.5+50.00 12.5+16.66 23.75+25.00

5. PATEL 9+1 35+5 2+3 14+1 60+10=70

% 15.00+10.00 58.33+50.00 3.33+30.00 23.33+10.00

6. SC/ST - 13+0 2+0 23+2 38+2=40

% - 34.21+00.00 5.26+00.00 60.52+100.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Looking to numerous complaints of murder, rape, grievous
hurts etc. from Dalits and Adivasis from all over the country,
it is the clear indicator that Caste based injustice done to
the Dalits & Adivasis has not yet stopped and the same
is continuing. On the contrary, after independence, there is
tremendous increase in crimes against the SCs/STs. Hence,
except first category i.e. “Lot of injustice is done” rest is
not correct looking to the ground realities. Even cities/urban
centres are no exceptions in this matter. Thus on an average
90.14% respondents in urban area have accepted the fact
that injustice is done to the Dalits & the Adivasis in India
whereas 108.72% respondents in rural area also have admitted
this fact of injustice done to the Dalits & the Adivasis.
The percentage slightly varies due to ticking of more than
one options by the respondents.

In this part, responses of respondents were sought

to be obtained as to in whose hands social leadership should
be. Acceptability of leadership discerned as under :-

Table N0.7-39
Social leadership should be in the hands of society’s high
caste people.

Sr.No. Caste Urban Rural

1. OBC 16.25% 8.33%
2. Patel 15.00% 10.00%

497
3. Vaishya 11.86% Nil
4. Brahmin 11.76% 28.27%
5. Kshatriya 7.54% 9.09%
6. SC/ST - -
Average% - 14.49% 11.13%

Table N0.7-40
Social leadership should be in the
hands of elected leaders.

Sr.No. Caste Urban Rural

1. Patel 58.33% 50.00%
2. Vaishya 49.15% 50.00%
3. OBC 47.5% 50.00%
4. Kshatriya 41.77% 45.45%
5. SC/ST 34.21% Nil
6. Brahmin 26.86% 14.28%
Average% - 42.97% 34.95%

Table N0.7-41
Social leadership should be in the hands of
Saints & Mahants.(Priests)

Sr.No. Caste Urban Rural

1. Kshatriya 17.72% 18.18%
2. OBC 12.5% 16.66%
3. SC/ST 5.26% Nil
4. Vaishya 5.08% 50.00%

498
 5. Patel 3.33% 30.00%
6. Brahmin 1.96% 28.57%
Average% - 7.64% 23.90%

Table N0.7-42
No objection if Social leadership is in the hands of
Dalits if they are competent in all aspects.

Sr.No. Caste Urban Rural

1. SC/ST 60.52% 100.00%
2. Vaishya 33.89% Nil
3. Kshatriya 32.91% 27.27%
4. Brahmin 29.41% 28.57%
5. OBC 23.75% 25.00%
6. Patel 23.33% 10.00%
Average% - 33.96% 31.80%

14.49% & 11.13% Caste Hindus respectively from

urban and rural areas had categorically stated that social
leadership should be in the hands of society’s high Caste
people. This indicates inherent caste bias as they have
kept in mind only the high caste as the yardstick or
virtue to be a leader of the society.

Still people have good faith in the elected representatives

of the people. This can be seen from the replies of people who
reposed faith in the elected representatives. 42.97% respondents

499
from urban area & 34.95% respondents from rural area
respectively opined that the society’s leadership should be in the
hands of the elected representatives. This is the highest
percentage and the politicians, may be to the surprise of many
surpassed all others in the matter of their acceptability as social
leaders also.

7.64% & 23.90% respondents respectively from

urban and rural areas have opined that the social
leadership should be in the hands of Saints and Mahants.
Thus, lowest number of respondents have reposed faith in
the Saints and Mahants. The respondents are not prepared
to place social leadership in the hands of such Saints &
Mahants even though they might be highly respecting
them, touching their feet, prostrating in front of them
and seeking their blessings but not finding them fit
even for social leadership.

33.96% & 31.80% respondents respectively from

urban and rural areas have no objection to the social
leadership being in the hands of Dalits if the Dalits are
competent in all aspects. Thus, Dalits come next only to
the elected representatives. This is general average, the
average of Caste Hindus is lower in this regard i.e.
28.65% Caste Hindus in urban area and 18.16% Caste
Hindus in rural area respectively have opined that they
have no objection if the social leadership is in the hands
of Dalits and Adivasis if they are competent in all
500
respects. Even the general average of Caste Hindus’
opinion gives next place to the Dalits after the elected
representatives.

The normal general belief of the people is that

Sants and Mahants, the religious class of people enjoy
greater respect in society stands disproved in this analysis
as this is not about the economic leadership, political
leadership, academic leadership or any other type of such
leadership but this is absolutely about the social
leadership but even for social leadership the Sants &
Mahants have not been found fit by the respondents both
in urban as well as rural areas. The respondents have
given the highest percentage to the politicians even for
social leadership that means that the respondents have
more faith in the politicians than in the Sants &
Mahants. The respondents have given second preference to
the Dalits for social leadership but not to the Sants &
Mahants indicates the changing positive mood of the
Indian people for social change. They do not consider
Sants & Mahants as their social leaders. This revelation
appears to be an eye opener for the religious leaders of
India. Even respondents’ preference for Dalits & Adivasis
is more than four times higher in urban areas & more
than 1.33% higher in rural areas than the Sants &
Mahants respectively i.e. more than 5.62% in urban area
& more than 1.46% in rural area respectively. The

501
preference for the politicians by the respondents over the
Sants & Mahants is the highest as compared to any
category of people.

Had the Indian Sants & Mahants rendered some

yeomen positive services to the people like Mother
Teresa, Jotiba Phule, Gandhiji, Thakkar Bapa, Dr.
B.R.Ambedkar and other such social reformers and leaders
had done, then people would have definitely accepted
them as their social leaders of the society but they
always remain engaged in the problems of “Lok-parlok”
i.e. this world & the other world and never tried to
help common men in their social problems but on the
contrary they tried to aggravate many other social
problems which create disturbances, conflicts and no-
confidence environment among different groups in the
country.

Views on the Scheduled Castes & the Scheduled

Tribes (Prevention of Atrocities) Act, 1989.

People’s views were solicited whether caste based ill-

treatment against Dalits has been reduced due to the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities)Act, 1989? The situation emerged from their
responses is as under :-

502
 TABLE NO. 7-43
ABOUT “THE SCs/STs ( PREVENTION OF ATROCITIES) ACT, 1989”
HAS CASTE BASED ILL-TREATMENT AGAINST DALITS BEEN REDUCED DUE TO THE SCHEDULED
CASTES &THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 ?

SR. CASTE & REDUCED INCREASED NO DIFFRENCE FRICTION BETWEEN TOTAL

NO. PERCANTAGE DALITS & CASTE HINDUS RESPONDENTS
HAS INCREASED
U-R U-R U-R U-R U-R-T

1. BRAHMIN 32+6 6+0 8+0 5+1 51+7=58

% 62.74+85.71 11.76+00.00 15.68+00.00 9.80+14.28

2. KSHATRIYA 58+9 10+0 8+2 3+0 79+11=90

% 73.41+81.81 12.65+00.00 10.12+18.18 3.79+00.00

503
3. VAISHYA 52+2 - 4+0 3+0 59+2=61
% 88.13+100.00 - 6.77+00.00 5.08+00.00

4. OBC 56+11 6+0 17+0 1+1 80+12=92

% 70.00+91.66 7.5+00.00 21.25+00.00 1.25+8.33

5. PATEL 45+10 1+0 9+0 5+0 60+10=70

% 75.00+100.00 1.66+00.00 15.00+00.00 8.33+00.00

6. SC/ST 24+2 - 11+0 3+0 38+2=40

% 63.15+100.00 - 28.94+00.00 7.89+00.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 Table No.7-44
Practice of ill-treatment against the
Dalits has been reduced.

Sr.No. Caste Urban Rural

1. Vaishya 88.13% 100.00%
2. Patel 75.00% 100.00%
3. Kshatriya 73.41% 81.81%
4. OBC 70.00% 91.66%
5. SC/ST 63.15% 100.00%
6. Brahmin 62.74% 85.71%
Average% - 72.07% 93.19%

Table N0.7-45
Practice of ill-treatment against dalits has increased.

Sr.No. Caste Urban Rural

1. Kshatriya 12.65% Nil
2. Brahmin 11.76% Nil
3. OBC 7.50% Nil
4. Patel 1.66% Nil
5. Vaishya - -
6. SC/ST - -
Average% - 6.71% -

504
 Table N0.7-46
No difference in practice of ill-treatment against Dalits.

Sr.No. Caste Urban Rural

1. SC/ST 28.94% Nil
2. OBC 21.25% Nil
3. Brahmin 15.68% Nil
4. Patel 15.00% Nil
5. Kshatriya 10.12% 18.18%
6. Vaishya 6.77% Nil
Average% - 16.29% 3.03%

Table N0.7-47
Friction between Dalits & Caste Hindus has increased.

Sr.No. Caste Urban Rural

1. Brahmin 9.80% 14.28%
2. Patel 8.33% Nil
3. SC/ST 7.89% Nil
4. Vaishya 5.08% Nil
5. Kshatriya 3.79% Nil
6. OBC 1.25% 8.33%
Average% - 6.02% 3.76%

The last unique Social legislation i.e. “The Scheduled

Castes and the Scheduled Tribes (Prevention of
Atrocities)Act, 1989” has yielded desired results as per the

505
opinion of 72.07% respondents from urban area and
93.19% respondents from rural area respectively saying that
due to this Act, ill-treatment against the Dalits has been
reduced. This can be said to be an overwhelming response
in favour of this legislation and hence one can conclude
that law as an instrument of social change is very effective
means to bring desired changes in the society. This also
means that had there not been such a stringent law in place,
the ill-treatment against the Dalits would not have been
controlled that effectively as has been done now under the
present law.

Only 6.71% respondents and that too from urban

area & that too Caste Hindus except Vaishyas have
opined that ill-treatment against Dalit has increased. This
is certainly not an opinion based on any logic or reason
because the law does not encourage ill-treatment of
Dalits in any way or any manner but on the contrary it
deals with it very sternly & strongly.

16.29% respondents from urban area & 3.03%

respondents from rural area respectively have opined that
there is no difference in the ill-treatment of Dalits due
to above law. This is also not factually correct opinion.
In fact many people are terribly afraid to ill-treat Dalits
because of the present Act and even the Government
authorities are also afraid of the Act as they are covered
as abettors if lawful action is not initiated by them and

506
they can be booked for negligence in discharge of their
duty under section 4 of the Act. This and many other
such provisions do create deterrence in the minds of the
wrong-doers and this is widely accepted fact.

6.02% respondents from urban area and 3.76%

respondents from rural area respectively have opined that
due to this act, friction between the Dalits and Caste
Hindus has increased. This is also far from truth because
the implementation of any legislation necessarily
germinates friction. Take the example of land ceiling Act
and distribution of surplus land to the landless labourers.
The victim Dalits if they tolerate indignities, insults,
humiliation at the hands of the Caste Hindus, then there
will be no friction but if they complain about these
torturous acts then friction is bound to take place. But
this is not because of the Act but because of the
atrocities being committed by the Caste Hindus on the
Dalits. If atrocities stop, friction will stop. So, does the
law generate friction ? NO, it is the perpetrators of the
crimes who generate friction and hence law can not be
blamed for the same.

2,3,4 points’ aggregate percentage in urban area is

only 29.02% whereas in rural area it is only 6.79%
respectively as compared to favourable response of
72.07% in urban area and 93.19 % in rural area
respectively in favour of the Act who said the ill-treatment

507
 TABLE NO. 7-48
IMPLEMENTATION OF LAW & TYPES OF CHANGES

SR. CASTE & ILL-TREATMENT NO CHANGE AN AWE IS A FEAR IS CREATED THAT TOTAL
NO. PERCENTAGE OF IN CASTE CREATED IN CASTE BASED ILL-TREATMENT OF RESPONDENTS
DALITS IS BASED ILL- PERPETRATORS OF DALITS WOULD BE COUNTER
REDUCED TREATMENT ATROCITIES PRODUCTIVE, ILL- AFFORDABLE &
OF DALITS ON DALITS WOULD COUNTERBLAST.
U-R U-R U-R U-R U-R-T

1. BRAHMIN 31+1 7+0 6+1 7+1 51+7=58

% 60.78+74.42 13.72+00.00 11.76+14.28 13.72+14.28

2. KSHATRIYA 57+9 6+2 6+1 14+0 (1-NOTHING) 79+11=90

% 72.15+81.81 7.59+18.18 7.59+9.09 17.72+9.09

3. VAISHYA 47+1 3+0 2+1 7+0 59+2=61

508
% 79.66+50.00 5.08+00.00 3.38+50.00 11.86+00.00

4. OBC 53+11 21+0 7+0 7+1 0+12=92

% 66.25+91.66 26.25+00.00 8.75+00.00 8.75+1.25

5. PATEL 39+7 13+0 3+3 8+0 60+10=70

% 65.00+70.00 21.66+00.00 5.00+30.00 13.33+00.00

6. SC/ST 16+2 7+0 9+0 18+0 38+2=40

% 42.10+100.00 18.42+00.00 23.68+00.00 47.36+00.00

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 against the Dalits is reduced due to the present Act.

It was asked as to what change has come in society

due to above Act. Act-means-The Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The respondents’ responses are as under :-

Table N0.7-49
Act and reduction of ill-treatment

Sr.No. Caste Urban Rural

1. Vaishya 79.66% 50.00%
2. Kshatriya 72.15% 81.81%
3. OBC 66.25% 91.66%
4. Patel 65.00% 70.00%
5. Brahmin 60.78% 74.42%
6. SC/ST 42.10% 100.00%
Average% - 64.32% 77.98%

Table N0.7-50
No change in caste based ill - treatment of Dalits.

Sr.No. Caste Urban Rural

1. OBC 26.25% Nil
2. Patel 21.66% Nil
3. SC/ST 18.42% Nil
4. Brahmin 13.72% Nil

509
 5. Kshatriya 6.59% 18.18%
6. Vaishya 5.08% Nil
Average% - 15.28% 3.03%

Table N0.7-51
An awe is created in perpetrators’
minds about atrocities on Dalits.

Sr.No. Caste Urban Rural

1. SC/ST 23.68% Nil
2. Brahmin 11.76% 14.28%
3. OBC 8.75% Nil
4. Kshatriya 7.59% 9.09%
5. Patel 5.00% 30.00%
6. Vaishya 3.38% 50.00%
Average% - 10.02% 17.22%

Table N0.7-52
A fear is created that caste based ill-treatment
of Dalits would be counter-productive, ill-affordable and
would counterblast.

Sr.No. Caste Urban Rural

1. SC/ST 47.36% Nil
2. Kshatriya 17.72% 9.09%
3. Brahmin 13.72% 14.28%
4. Patel 13.33% Nil

510
5. Vaishya 11.86% Nil
6. OBC 8.75% 1.25%
Average% - 11.79% 4.10%

This question sought the views of the respondents

regarding change that might have come in the society
due to “The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities)Act, 1989.” The analysis of
changes brought about by the Act are as under :-

64.34% & 77.98% respondents respectively from

urban & rural areas have opined that the Act reduced
the ill-treatment done to the Dalits.

15.28% & 3.03% respondents respectively from

urban & rural areas have opined that no change in caste
based illtreatment of Dalits has taken place due to the
said Act. 10.02% & 17.22% respondents respectively
from urban & rural areas have opined that the said Act
has created an owe in the minds of the perpetrators of
crimes against the Dalits.

11.79% and 4.10% respondents respectively from

urban & rural areas have opined that due to the above
act, a fear is created that caste based ill-treatment of
Dalits would be counter productive, ill-affordable and
would counterblast against the perpetrators.

511
 TABLE NO. 7-53
WHAT TYPE OF SITUATION IS CREATED BY “THE ATROCITY” ACT ?

SR. CASTE & DALITS’ & BESIDES THE HONOUR OF POLICE IS ALL THE SITUATION OF TOTAL
NO. PERCENTAGE ADIVASIS’ DALITS & ADIVASIS, COMPELLED TO THREE “STATUS QUO” RESPONDENTS
HONOUR IS ADEQUATE PROTECTION PLAY ABOVE HAVE ONLY IS THERE
PROPERLY IS AVAILABLE FOR A POSITIVE HAPPENED
PROTECTED PROPERTY & AGAINST ROLE IN
ALL SOCIAL DISABILITIES SOCIAL CHANGE
U-R U-R U-R U-R U-R U-R-T

1. BRAHMIN 25+3 11+1 8+2 - 3+1 51+7=58

% 49.01+42.75 2.56+14.28 15.68+28.57 - 13.72+14.28

2. KSHATRIYA 53+8 39+5 31+5 - 5+1 79+11=90

% 67.08+72.72 49.36+45.45 39.24+45.45 - 6.32+9.09

512
3. VAISHYA 47+1 20+1 27+2 5+0 5+0 59+2=61
% 79.66+50.00 33.89+50.00 45.76+100.00 8.47+00.00 8.47+00.00

4. OBC 52+5 27+3 27+4 - 5+4 80+12=92

% 65.00+41.66 33.75+25.00 33.75+33.33 - 6.25+33.33

5. PATEL 41+8 22+2 17+4 - 8+0 60+10=70

% 68.33+80.00 36.66+20.00 28.33+40.00 - 13.33+00.00

6. SC/ST 22+2 17+1 22+0 - 6+0 38+2=40

% 57.89+100.00 44.73+50.00 57.89+00.00 - 15.78+00.00

7. TOTAL - - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 If the above changes have come due to the said
Act, it seems that the legislation is good enough to take
care of the problems faced by the Dalits arising out of
practice of caste based discrimination, untouchability and
other host of disabilities suffered by the Dalits.

The success rate of the legislation comes to

86.13% in urban area and 99.3% in rural area
respectively counting the average percentage of data
collected in this regard. If such a high result of social
legislation comes in its favour then, on the basis of our
data, we can say that law as an instrument of social
change is one of the most powerful means to achieve
the legitimate end.

Responses were further sought on the type of

situation created by “The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989” in
the society. Responses are as under:-

Table N0.7-54
Dalits’ & Adivasis’ honour is properly
protected by this Act.

Sr.No. Caste Urban Rural

1. Vaishya 79.66% 50.00%
2. Patel 68.33% 80.00%

513
 3. Kshatriya 67.08% 72.72%
4. OBC 65.00% 41.66%
5. SC/ST 57.89% 100.00%
6. Brahmin 49.01% 42.75%
Average% - 64.49% 64.52%

Table N0.7-55
Besides the honour of Dalits’ & Adivasis’, adequate
Protection is available under the Act for property &
against all social disabilities.

Sr.No. Caste Urban Rural

1. Kshatriya 49.36% 45.45%
2. SC/ST 44.73% 50.00%
3. Vaishya 33.89% 50.00%
4. OBC 33.75% 25.00%
5. Patel 33.66% 20.00%
6. Brahmin 2.56% 14.28%
Average% - 32.99% 34.12%

Table N0.7-56
Police is compelled to play a positive role in
social change under this Act.

Sr.No. Caste Urban Rural

1. SC/ST 57.89% Nil
2. Vaishya 45.76% 100.00%

514
 3. Kshatriya 39.24% 45.45%
4. OBC 33.75% 33.33%
5. Patel 28.33% 40.00%
6. Brahmin 15.68% 28.57%
Average% - 36.75% 41.22%

Table N0.7-57
SCs/STs’ honour, protection, property, Social disabilities and
positive role by police - all the above have happened.

Sr.No. Caste Urban Rural

1. Vaishya 8.47% Nil
2. Brahmin - -
3. Kshatriya - -
4. OBC - -
5. Patel - -
6. SC/ST - -
Average% - 1.41% Nil

Table N0.7-58
Situation of “Status Quo” only is there dspite the Act.

Sr.No. Caste Urban Rural

1. SC/ST 15.78% Nil
2. Brahmin 13.72% 14.28%
3. Patel 13.33% Nil
4. Vaishya 8.47% Nil

515
5. OBC 8.47% Nil
6. Kshatriya 6.32% 09.09%
Average% - 10.01% 3.89%

First we saw the impact of the Act in question,

then we saw the changes the Act brought about, and
now we analyse the situation emerged due to “The
Scheduled Caste & the Scheduled Tribes (Prevention of
Atrocities)Act, 1989” as under :-

64.49% & 64.52% i.e. almost equal in both the

cases i.e. in urban and rural areas respectively
respondents have opined that Dalits’ and Adivasis’ honour
is properly protected by the said Act. This is in fact
overwhelming response in favour of the Act.

32.99% & 34.12% respondents respectively from

urban and rural areas have opined that besides the
protection of the honour of the Dalits and the Adivasis,
the Law under reference provides adequate protection to
their property and provides remedies for other endless
social disabilities faced by them throughout their lives &
throughout the country.

The third important and significant situation has

emerged in which even Police can not afford to remain
negligent in discharge of their duties under this Act as

516
there is stringent provision in the Act itself against any such
neglect of duty or wilful commission or omission on the
part of any public servants. Thus the law has compelled
the police to play a positive role in social change. 36.75%
& 41.22% respondents respectively from urban & rural areas
have affirmed that police is compelled by this Act to play
a positive role in social change.

8.47% Vaishyas have stated that all the three above

have happened. There is overwhelming favourable opinion
in favour of the Act. This can be seen from Table No.
7-54 wherein 79.66% & 50.00%, Table NO.7-55
wherein 33.89% & 50.00% and Table NO.7-56 wherein
45.76% & 100.00 % Vaishyas in urban & rural areas
respectively have affirmed the utility of the Act.

However, there are few who hold the view that

“Status quo” prevails that means the Act has done nothing
to change the prevailing situations and conditions. The
above results certainly disprove these people’s assertion
about “status quo”position. 10.01% & 3.89% respondents
respectively from urban & rural areas held such
opinion but their belief, judgment, opinion and assertion
are not based on any relevant facts or material. Perhaps
more complaints under the law might have coloured their
view point of “Status quo” which is in fact not correct
as per above analytical evaluation of views and

517
 TABLE NO. 7-59
ACT : RESPONDENTS & THEIR COMPLAINTS AGAINST “THE SCs/STs (POA) ACT, 1989”

SR. CASTE YES NO IF YES, REASON BRIEF FACT, DISPOSAL, TOTAL

NO. PENDENCY ETC. RESPONDENTS
U-R U-R U-R U-R U-R-T

1. BRAHMIN - 51+7 NO REASON GIVEN NOT FURNISHED 51+7=58

% - 100.00+100.00 - -

2. KSHATRIYA 1+0 78+11 REASONS/DETAILS NOT FURNISHED, 79+11=90

NOT GIVEN DOUBTEFUL
% 1.26+00.00 98.73+100.00 - -

3. VAISHYA - 59+2 - - 59+2=61

518
% - 100.00+100.00 - -

NO REASON GIVEN,
4. OBC 4+0 76+12 REASONS/DETAILS SEEMS TO HAVE BEEN 80+12=92
% 5.00+00.00 95.00+100.00 NOT GIVEN MISTAKENLY WRITTEN

5. PATEL - 60+10 - - 60+10=70

% - 100.00+100.00 - -

6. SC/ST - 38+2(N.A.) - - 38+2=40

% - 100.00+100.00 - -

7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) T = Total (4) + = Rural respondents and their percentage
 experiences of all people concerned under this study.

The minus 10.01% & 3.89% respectively from

100% is 89.99% & 96.11% respectively from urban &
rural areas where people overwhelmingly opined in
favour of the Act which shows its tremendous utility &
value in bringing social change in the society.

To probe the off & on repeated & widely

circulated rumour that “The Scheduled Castes & the
Scheduled Tribes (Prevention of Atrocities)Act, 1989” is
misused, following question was asked to solicit
respondents’ experience & views of the misuse of the
Act. Had ever a complaint against you under “The
Scheduled Castes & the Scheduled Tribes (Prevention of
Atrocities) Act, 1989” been made?

Table N0.7-60
Yes, complaint under “The secheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989” was done against us.

Sr.No. Caste Urban Rural

1. OBC 5.00% Nil
2. Kshatriya 1.26% Nil
3. Brahmin - -
4. Vaishya - -
5. Patel - -
6. SC/ST - -
Average% - 1.25% Nil
519
 Table N0.7-61
No complaint was done against us under the said Act.

Sr.No. Caste Urban Rural

1. SC/ST 100.00% 100.00%
2. Brahmin 100.00% 100.00%
3. Vaishya 100.00% 100.00%
4. Patel 100.00% 100.00%
5. Kshatriya 98.73% 100.00%
6. OBC 95.00% 100.00%
Average% - 98.74% 100.00%

Note :- 5 complaints of atrocity have no basis.

Table N0.7-62
If complaint against you was done under
the said Act, furnish reasons.

Sr.No. Caste Urban/Rural

1. Kshatriya Detais are not given.
2. OBC Detais are not given.
Note:- : This indicates that atrocity
complaints are in fact not made
against them.

520
 Table N0.7-63
Brief fact, disposal, pendency etc. of the case.

Sr.No. Caste Urban/Rural

1. Kshatriya Details are not given.
2. OBC Details are not given.
Note:- : This indicates that atrocity
complaints are in fact not made
against them.

Note :- This indicates that in fact no atrocity

complaints have been made against them.

Media & vested interests have created a big hue &

cry over the alleged misuse of “The Scheduled Castes &
the Scheduled Tribes (Prevention of Atrocities)Act, 1989”
but our empirical study, on the basis of facts gathered
from the respondents, comes to the conclusion that in
fact it is not so as has been generally alleged of misuse
of this Act on a massive scale and oftentimes demands
are floated to weaken the teeth of the Act, mollify &
modify its stringent provisions, but if this is done then
the Act will be of no use as it will end in loosing its
deterrence. In fact this Act, acts like a very strong
detergent which rubs & removes the social dirt & stains
from our society.

Out of 100%, only 1.25% complaints were made

under this Act in urban area as per respondents
521
covered in this study. But this point of small number of
complaint is totally wrong, false and fabricated as no
details thereof are given in subsequent query on this
point. In rural area not a single complaint is made
against anyone under “The Scheduled Castes & the
Scheduled Tribes (Prevention of Atrocities)Act, 1989.”
Thus the study amply proves that the hue & cry raised
by certain vested interests about misuse of this Act is
far from the truth.

In Table No. 7-61 i.e. “No complaints were made

against them” under this Act, the percentage is 98.74%
& 100% respectively in urban & rural areas. This also
strengthens the facts that the fierce campaign launched
against the said Act is baseless and meaningless and is
blown out of proportion to discredit an Act of
tremendous social importance.

The alleged 5 complaints of atrocity have thus no

basis. The contention of these 5 complaints is nullified
in Table No.7-62 wherein reasons are solicited in
connection with complaints, but none has provided any
reasons at all. The Kshatriyas have given no reasons.
The OBCs have also not given any reasons. This
indicates that in fact atrocity cases are not made against
them otherwise there is no reason for them to hide such
facts,on the contrary they would have highlighted the

522
same and normally would have alleged that false
complaints against them have been lodged by misuing the
said Act.

Further point also solicits details about brief fact

of the atrocity case, its disposal by the court, its
pendency in the court etc. In this also the concerned
respondents have not given any details. Please see Table
N0-7-63.This amply disproves, beyond doubt about the
claims made by the respondents about atrocity cases made
against them under this Act.

The anayasis of the above data amply demonstrates

that “The Scheduled Castes & the Scheduled Tribes
(Prevention of Atrocities)Act, 1989” is not widely
misused as its opponents have maliciously disseminaled.
The experience in the field on the contrary conveys an
altogether a different story that the police does not
register even the genuine complaints under “The
Scheduled Castes & the Scheduled Tribes (Prevention of
Atrocities)Act, 1989.” Take the obnoxions & most glaring
example of Khairlanji case in Maharashtra where the
Judiciary itself refused to add the provisions of this Act
though the provisions of the Act in fact were applicable.
Both, the police and the judiciary failed to apply the Act
even when the same was duly applicable. The victim of
atrocity act Bhaiyyalal Bhotmange, 50 years old Dalit’s
wife Surekha, daugher Priyanka 18, sons-Roshan -23, and

523
 TABLE NO. 7-64 PERSONAL OPINION ABOUT “ATROCITY” ACT
SR. CASTE & SOCIAL CHANGE DUE TO THIS ACTULLY THERE IS NO THIS ACT IS MORE DUE TO THIS
NO. PERCENTAGE HAS COME DUE TO ACT BITTERNESS NEED FOR SUCH A LAW STRICT & SEVERE ACT A BIG HIATUS
THIS ACT & HENCE MUST HAS INCREASED BETWEEN IS CREATED BETWEEN
BE CONTD. & STRICTLY DALITS & CASTE HINDUS CASTE HINDUS &
ENFORCED HENCE IT SHOULD BE DALITS
ABOLISHED
U-R U-R U-R U-R U-R
1 2 3. 4. 5.

1. BRAHMIN 12+1 15+2 10+0 4+1 4+0

% 23.52+14.28 29.41+28.57 19.60+00.00 7.84+14.28 7.84+00.00
2. KSHATRIYA 15+5 17+1 12+2 10+1 4+1
% 18.98+45.45 21.51+9.09 15.18+18.18 12.65+9.09 5.06+9.09
3. VAISHYA 23+0 8+0 5+0 7+2 1+0
% 38.98+00.00 13.55+00.00 8.47+00.00 11.86+100.00 1.69+00
4. OBC 32+1 8+2 3+0 6+2 0+1
% 40.00+08.33 10.00+16.66 3.75+00.00 7.5+16.66 00.00+8.33
5. PATEL 25+3 6+1 7+1 12+1 4+1
% 41.66+30.00 10.00+10.00 11.66+10.00 20.00+10.00 .66+10.00
6. SC/ST 29+2 1+0(SHOULD BE AMENDED) - - 1+0
% 76.31+100.00 2.63+00.00 - - 2.63+00.00

524
7. TOTAL - - - - - -

SR. CASTE & DALITS GET SOCIAL DALITS ARE THIS ACT SHOULD IT WILL NOT MAKE TOTAL
NO. PERCENTAGE JUSTICE DUE TO EFFECTIVELY BE ABOLISHED ANY DIFFERENCE IF RESPONDENTS
THIS ACT PROTECTED DUE THIS ACT IS
TO THIS ACT NOT THERE
U-R U-R U-R U-R U-R-T
6. 7. 8. 9.
1. BRAHMIN 11+3 8+2 6+1 6+0 51+7=58
% 21.56+42.85 15.68+28.57 11.76+14.28 11.76+00.00
2. KSHATRIYA 13+4 6+3 9+2 15+2 79+11=90
% 16.45+36.36 7.59+27.27 11.39+2.53 18.98+2.53
3. VAISHYA 3+0 2+0 15+0 3+0 59+2=61
% 5.08+00 3.38+0 25.42+00.00 5.08+00.00
4. OBC 18+3 7+3 4+0 9+2 80+12=92
% 22.5+25.00 8.75+25.00 5.00+00.00 11.25+16.66
5. PATEL 6+4 1+1 3+0 10+0 60+10=70
% 10.00+40.00 36.84+00.00 5.00+00.00 16.66+00.00
6. SC/ST 14+0 14+0 - 1+0 38+2=40
% 36.84+00.00 36.84+00.00 - 2.63+00.00
7. TOTAL - - - - 367+44=411
RESPONDENTS

(1) U = Urban (2) R = Rural (3) I.C.M. Inter-Caste marriage (3) T = Total (4) + = Rural respondents and their percentage
Sudhir 21, were stripped maked, dragged out from their
hut to an open ground, molested the mother & the
daughter and hacked all of them to death. A portion of
land of the victim was grabbed by the landlord & from
this ensued the ghastly crimes against the poor Dalits.

Last, their personal opinions were sought about

“The Scheduled Castes & the Scheduled Tribes
(Prevention of Atrocities)Act, 1989” which are as under:-

Table N0.7-65
Social change has come due to this Act hence
must be continued and strictly enforced.

Sr.No. Caste Urban Rural

1. SC/ST 76.31% 100.00%
2. Patel 41.66% 30.00%
3. OBC 40.00% 08.33%
4. Vaishya 38.98% Nil
5. Brahmin 23.52% 14.28%
6. Kshatriya 18.98% 45.45%
Average% - 39.90% 33.01%

525
 Table N0.7-66
Due to this Act, bitterness has increased between Dalits
and Caste Hindus hence it should be abolished.

Sr.No. Caste Urban Rural

1. Brahmin 29.41% 28.57%
2. Kshatriya 21.51% 9.09%
3. Vaishya 13.55% Nil
4. OBC 10.66% 16.66%
5. Patel 10.00% 10.00%
6. SC/ST 2.63% Nil
Average% - 14.62% 10.72%
This ACT Should be amended. (one respondent.)

Table N0.7-67
Actually there is no need for such a law.

Sr.No. Caste Urban Rural

1. Brahmin 19.60% Nil
2. Kshatriya 15.18% 18.18%
3. Patel 11.66% 10.00%
4. Vaishya 8.47% Nil
5. OBC 3.75% Nil
6. SC/ST - -
Average% - 11.73% 5.63%

526
 Table N0.7-68
This Act is more strict and severe.

Sr.No. Caste Urban Rural

1. Patel 20.00% 10.00%
2. Kshatriya 12.65% 9.09%
3. Vaishya 11.86% 100.00%
4. Brahmin 7.84% 14.28%
5. OBC 7.50% 16.66%
6. SC/ST - -
Average% - 11.97% 30.00%

Table N0.7-69
Due to this Act, a big hiatus is created
between Caste Hindus & Dalits.

Sr.No. Caste Urban Rural

1. Brahmin 7.84% Nil
2. Patel 6.66% 10.00%
3. Kshatriya 5.06% 9.00%
4. SC/ST 2.63% Nil
5. Vaishya 1.69% Nil
6. OBC Nil 8.33%
Average% - 3.98% 4.55%

527
 Table N0.7-70
Dalits get Social justice due to this Act.

Sr.No. Caste Urban Rural

1. SC/ST 36.84% Nil
2. OBC 22.5% 25.00%
3. Brahmin 21.56% 42.85%
4. Kshatriya 16.45% 36.36%
5. Patel 10.00% 40.00%
6. Vaishya 5.08% Nil
Average% - 18.73% 24.03%

Table N0.7-71
Dalits are effectively protected by this Act.

Sr.No. Caste Urban Rural

1. SC/ST 36.84% Nil
2. Patel 36.84% Nil
3. Brahmin 15.68% 28.57%
4. OBC 8.75% 25.00%
5. Kshatriya 7.59% 27.27%
6. Vaishya 3.38% Nil
Average% - 18.18% 13.47%

528
 Table N0.7-72
This Act should be abolished.

Sr.No. Caste Urban Rural

1. Vaishya 25.42% Nil
2. Brahmin 11.76% 14.28%
3. Kshatriya 11.39% 2.53%
4. OBC 5.00% Nil
5. Patel 5.00% Nil
6. SC/ST - -
Average% - 11.71% 3.36%

Table N0.7-73
It will not make any difference if this Act is not there.

Sr.No. Caste Urban Rural

1. Kshatriya 18.98% 2.53%
2. Patel 16.66% Nil
3. Brahmin 11.76% Nil
4. OBC 11.25% 16.66%
5. Vaishya 5.08% Nil
6. SC/ST 2.63% Nil
Average% - 11.06% 3.19%

Various opinions expressed by the people about

“The Scheduled Castes & the Scheduled Tribes
(Prevention of Atrocities)Act, 1989” are analysed as under

529
:-

39.90% & 33.01% urban & rural respondents

respectively opined that social change has come due to
this Act and hence it must be continued and strictly
enforced. All sections of society i.e. Brahmins, Kshatriyas,
Vaishyas, OBCs, Patel, SCs/STs have expressed their
views in favour of this Act to above extent. 14.62%
and 10.72 % Caste Hindus respectively from urban and
rural areas felt that due to this Act bitterness is
increased between the Dalits and the Caste Hindus hence
it should be abolished. 11.73% Caste Hindus from urban
area and 5.63% caste Hindus from rural area have
expressed their opinions that actually there is no need
for such law. 11.97% Caste Hindus from urban area and
30.00% Caste Hindus from rural areas respectively opined
that the Act is more strict & severe. It may be stated
that the atrocities committed on Dalits and Adivasis are
more outrageous, atrocious and cruel and hence extreme
situation requires extreme remedy and hence the strict
and severe Act. If you do not commit crime you or for
that matter anyone else need not be bothered about the
strictness or severity of the Act. In fact such Act
requires examplary strictness & severity to create
necessary deterrence.
3.98% respondents from urban area & 4.55%

530
respondents from rural area respectively have opined that
due to this Act a big hiatus is created between the
Caste Hindus and the Dalits. The Scholar feels that when
all atrocities will come to an end, the hiatus so created
will be bridged automatically. 18.73% respondents from
urban area and 24.03% respondents from rural area
respectively have opined that the Dalits get social justice
due to this Act. This is absolutely correct perception of
these people as they have understood the law properly.

18.18% respondents from urban area and 13.47%

respondents from rural area opined that Dalits are
effectively protected by this Act. It seems they have
studied or have basic knowledge about the Act and
hence their perception seems to be correct, just, fair and
reasonable.

11.71% Caste Hindus from urban area and 3.36%

Caste Hindus from rural area have respectively opined
that this Act should be abolished. Please see Table
N0.7-72. In Table N0.7-66, 14.62% respondents from
urban area and 10.72% respondents from rural area
respectively have opined that this act has increased
bitterness between the Dalits and Caste Hindus and hence
it should be abolished but in Table N0.7-72, 11.71%
urban respondents and 3.36% rural respondents

531
 respectively have advocated abolition of the Act without
any reason or grounds for the same.

11.06% respondents from urban area & 3.19%

respondents from rural area opined that it will not make
any difference if this said Act is not there that means
if this Act is abolished. It also further implies that it
was unnecessarily enacted. This is again a throw away
opinion expressed against an Act of Parliament which
provides great help and succour to the suffering humanity
due to innumerable atrocious acts against helpless people
of India, i.e. SCs & STs.

Table N0.7-74
Negative responses from various respondents
about this Act are as under:-
Sr.N0. Negative responses Urban Rural
1. Due to this Act, 14.62% 10.72%
bitterness has
increased between
Dalits and Caste Hindus
and hence it should be
abolished.
2. Actually there is no
need for such a law. 11.73% 5.63%

532
3. Due to this Act, a big
hiatus is created between 3.98% 4.55 %
Caste Hindus and Dalits.
4. This Act should 11.71% 3.36 %
beabolished.
5. It will not make any 11.06% 3.19 %
difference if this
Act is not there.
6. Total% 53.10% 27.45%
7. Average% 10.62% 5.49%

Just on an average 10.62% respondents from urban

area and just only 5.49% respondents from rural area
mentioned above have expressed different negative
opinions about “The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act,1989” but there is
tremendous favourable opinion in favour of the said Act
as under:-

Table N0.7-75
The positive responses from various respondents
about this Act are as Under :-
Sr.N0. Positive responses Urban Rural
1. Social change has come 39.90% 33.01%
due to this act and hence
it must be continued and
strictly enforced.
533
2. This Act is more strict 11.97% 30.00%
and severe (Act has to
be like that Only)
3. Dalits get social justice 18.73% 24.03%
due to this Act.
4. Dalits are effectively 18.18% 13.47%
protected by this Act.

5. Total% 88.78% 100.51%

6. Average% 22.19% 25.12%

Thus 88.78% respondents from urban area have given

different positive opinions about “The Scheduled Castes &
the Scheduled Tribes (Prevention of Atrocities) Act,1989”
Similarly 100.51% people from rural area have given
positive and favourable opinions about the Act. This means
that “The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989” is found by the
majority of respondents to be an effective instrument of
social change and this has been amply substantiated on the
basis of sociological scrutiny done on the basis of responses
received from the respondents of Ahmedabad city’s urban
area and from the respondents of rural area of Ahmedabad
District. The general and average negative percentage of
urban responses is 10.62% wereas the general and average
positive percentage of urban response in favour of the Act
is 22.19% which is more than 100% and similarly 25.12%
534
positive responses from rural area is five times on higher
side as compared to 5.49% negative responses from rural
area which is quite high and resounding. Thus it can be
seen that rural respondents are more positively inclined in
favour of “The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act,1989” as compared with their
urban counterparts. All types of respondents from different
castes, different locations and different occupations and
having different acadamic qualifications have been covered
in the study so as to make it more representative in nature
and charecter. From Mill labourer, casual labourer to well-
to-do people and from Police Constable to Police
Commissioner and from Police Constable to IGP in rural
area have been covered in this study. Persons from so many
different strata of society neutralized one another’s
responses and a synthesis just emerges on its own. At times
extreme view point emerges but a more balanced and
representative consensus from these responses has finally
emerged which appears quite convincing from all points of
view. One person from Scheduled Caste opined that the
Act should be amended but he could not elaborate how
should it be amended, what should be added and what
should be deleted. Other than him, none came forward with
any suggestion as to how the Act should be made more
effective to make it still more sharper instrument of social
change.

535
 At the last, one can conclude that respondents in
large number have realized that this Act will ultimately
evolve an egalitarian society in India wiping out all
caste based baneful and shameful practices and usages
from India and free Indian Dalits from the clutches of
tyrannical practices of untouchability and caste based
discriminatory concept of high & low. One can see from
above analysed facts that law has emerged as one of the
most powerful instruments of social change moulding and
regulating people’s conduct, custom, tradition, mores,
values and habit in a positive and socially and humanely
desired manner.

Reference:-
1. http://thinkexist.com/charlas-darwin/

536
 Chapter-8
Conclusion and Suggestions

Selection of the research Problem:-

A problem, which can be primarily called a social problem but
interlinked and interconnected – with religious problem, economic
problem, political problem, occupational problem, residential problem,
cultural problem and other innumerable problems interwoven in one
problem is in fact is the social problem of caste and its offshoot
untouchability. More than sixteen crores people are victims of the same
and along with more than sixteen cores of people, remaining more that
eighty four crores of people too are concerned in one way or the other.
The enormity involved in the problem encouraged me to select it for my
research. The laws/Acts/Legislations - are in fact the commands of the
sovereign, passed by the legislatures. The laws on one subject that is
untouchability and other caste based social disabilities easily outnumbered
laws on any one particular subject in India. That is the reason which
weighed high in my mind for selection of this theme. The Scholar
understands that ultimately it is the law which can be helpful in solving
the age-old problem of caste, untouchability, discrimination of caste
based high and low etc.
There are several agencies and options available in India which
can contribute their might for solving this vexed problem if they so
sincerely desire but the fact is this that they do not desire from the bottom
of their hearts to democratize and equalize Indian society as per the
principles of liberty, equality and fraternity enshrined in the Indian

537
Constitution. Therefore it was felt that only and only and mainly the law
can be yoke-mated as an instrument of social change. Almost more than
25 social legislations mainly regarding abolishing of untouchability
and caste based disabilities have been enacted and these legislations have
really played very effective role in easing the acute problem of
untouchability and caste based disabilities if not altogether removed it
completely. The complete removal of untouchability and caste based
disabilities was also possible and the same cannot be called a fanciful
claim or utopian idea but this part does not remain in the hands of the
legislature as after passage of the legislation, it changes hands and goes
to the executive for its sincere and committed implementation and
enforcement. So definitely we can say that the Indian Legislature has
done its duty well. But the other organizations namely the Executive
and the Judiciary miserably failed in their duties to wipe out the blot on
the Hindu society i.e. the untouchability, caste based disabilities and the
ill-treatment meted out to the Dalits in India, the biggest and the largest
democracy of the world. The basis of this statement is the very poor rate
of conviction under all the laws relating to the removable of
untouchability and the caste based discrimination and disabilities faced
by the Dalits as police indulge in lopsided investigation and judicial
conviction under “The Schedukled Castes and the Scheduled
Tribes(Prevention of Atrocities)Act,1989” is hardly three percent in the
country and less than one percent in Gujarat State whereas the
convinction under other laws is much higher. The Scholar found it quite
significant and interesting to find out what actually people as such believe
about the law as an instrument of social change and actually how much
weight they attach to it or do they give more weight to other options for
538
social change which they might perhaps perceive with greater emphasis.
The basic question that was upper most in Scholar’s mind was that the
law as an instrument of social change is effective, faster and uniform in
its application whereas other methods like social reforms for social
change to be brought about by Saints and Mahants, Kathakars (Story-
tellers), media etc. have no uniformity, no backing of the State power
and it is voluntary in character which are the major drawbacks for bringing
effective and faster social change in the Indian society.
The Scholar also understood that it is through law only the
conditions of the Scheduled Castes and the Scheduled Tribes have
improved considerably. The social change through other means is
without any obligations and hence cannot be expected to produce desired
results as is the case with laws passed by the legislature which entail
responsibilities and duties on the part of large executive machinery of
the State to implement the same. Here accountability and responsibility
are created and specified and fixed for bringing social change through
law which are totally absent in other means, methods and manners of
social change. Thus the whole subject looked quite fascinating to the
Scholar for selection of research in question. Moreover this is a topic
with which every Indian is concerned in one way or the other. So the
connectivity in modern usage and term is very wide and all encompassing.
It seems that nobody in India can now overlook this subject in general
and “The Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989” in particular as it is an effective instrument of
social change with very severe deterrence for those who try to violate it,
try to bend it or try to ignore it or try to overlook it or try to neglect it or
try to be funny with it. The normal law of the land has the provision of
539
the anticipatory bail and regular bail and the Supreme Court of India has
conceptualized the idea of “No jail, bail” but this Act says, “Jail, no
bail.” The anticipatory bail provision contained in the Code of Criminal
Procedure, 1973, S.438 is also done away with in this Act and hence
you can imagine the severity of its provisions. The Law, according to
me, is really capable to unhook the people of India from the tyranny and
repressive caste-born untouchability and numerous caste related
disabilities forced upon the downtrodden people for ages.
It is also true that after the assassination of Mahatma Gandhi in
1948 and after the sad demise of Dr.B.R. Ambedkar in 1956 the Indian
social panorama faced a real void which none is able to fill till to-day in
reforming the caste-ridden Indian society full of all ills worth quick
removal and cleansing the society on most urgent basis. All the social
reform movements lastly launched by these two great sons of India in
fact weathered away with their unfortunate departure from this world.
Now whom to look up to for social reform and social change in India?
In fact none excepting the law as an instrument of social change and our
joint dedication, sincerity and commitment should be for its real
implementation and enforcement and creating awakening and awareness
about such law in the minds of the people of this country.
After selection and approval of research theme “Law as an
instrument of Social Change – A Sociological Study of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.”
it was decided in consultation with and on the advice of the Guide
Professor to select field of study not only from urban area but also from
rural area so that a balanced field of study will provide an opportunity
to know the responses of both the urban people and the rural people
540
about the uniformly applicable social legislation i.e. “The Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.”
The respondents were selected by random sample method. The
two areas i.e. (1) Ahmedabad City and (2) Ahmedabad Rural District
were selected for this study. Ahmedabad City was named as “Urban”
and the Ahmedabad District was named as “Rural” for sake of
convenience. In urban area of Ahmedabad City, total 51 Brahmin
respondents were selected from all parts of Ahmedabad City and 7
respondents were selected from Ahmedabad Rural District as per
Appendix-1, the Kshatriya respondents both from urban and rural areas
are shown in Appendix-2, Similarly the Vaishya respondents are as per
Appendix-3, the OBCs respondents are as per Appendix-4, the Patel
respondents are as per Appendix-5 and the SCs/STs respondents are as
per Appendix-6.
Social reality pertaining to social norms with reference to
Constitutional aspects, duty and reality:—
Every society is based on its normative social order. Society
frames norms, evolves yardsticks, lays down customs, mores and usages
which finally evolve in due course of time as the norms of the society
and finally practices emerge and solidify as the foundation on which the
entire societal structure of society rests and the people connected with
that social structure try to protect it against any onslaught from anywhere,
with full force, rigidity and inflexibility. The Constitutional provision
about abolition of untouchability (Article-17) and “The Untouchability
(Offences)Act,1955” and “The Protection of Civil Rights Act,1955”
(Amended in 1976) and finally “The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act,1989” are in fact onslaught on the
541
age-old caste system and its offshoot untouchability and various caste
based social disabilities connected therewith. The other provisions
especially the fundamental rights of “Liberty and Equality” and the noble
aim of creating “Fraternity” all in fact went against the age-old Indian
(Hindu) social norms of caste and untouchability. Initially there was
stiff resistance against any attempt for reforms in the normative Hindu
life in which outrageous and atrocious practices were in vogue against
the former untouchables and now the Scheduled Castes and ‘Dalit’ in
popular parlance. We have seen at length in earlier Chapters about all
caste-based discriminatory normative Hindu social order and hence the
same is not repeated here. One by one all such social norms for example
“Sati System” were done away with, not by the religious reformers, Saints,
Mahants and the Sadhus. On the contrary some of them favoured such
abhorrent social system and protected it from time to time but social
reforms took place by using law as an effective instrument of social
change. In fact it is a long legal journey in India which cleared all the
social debris for over two centuries now and though it may appear slow
but it is quite effective also as can be seen even in one example of legal
ban on the practice of “Sati.” Such social norms and practice of “Sati”
were laid down by the leaders of society at relevant time that a widow
must end her life after the death of her husband. These were outrageous,
atrocious, cruel and inhuman by all means and by all standards yet the
protagonists of the “Sati” system tried their best to continue this evil
social norm/practice much to the chagrin and dismay of the social
reformers and the Government of the day. The orthodox Hindus
especially the Caste Hindus still wanted to cuddle with “Sati” system
but now such incident is rarity and the credit goes to the social legislation
542
and the men behind it and this is called law used as an instrument of
social change that worked wonder against inhuman social norms/practice
of the society.
Many such societal norms which were against humanity and
outrageous as well as atrocious were done away with by various laws
and finally a major blow was delivered by the Constitution of India as
all laws and the Constitution declare that anything repugnant to the
provisions of the Constitution or to the provisions of the laws is null
and void and nothing shall override the provisions of the Constitution
of India. Can anyone imagine the impact and the effects these laws have
left on the society in connection with social change brought about by
the laws as an instrument of social change? For giving procedural
structure and strength, rules are framed under all the Acts laying down
ways and means for their strict and appropriate implementation.
In instant case also, after “The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989,” “The Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Rules,1995” were
made by the Government of India vide powers conferred by the sub-
section (1) of Section 23 of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act,1989. (Act No.33 of 1989).They
came into force on 31st March,1995 vide G.S.R. 316 (E), dated 31st
March,1995, published in the Gazette of India, Extraordinary, Part-II,
sec.3(i), dated 31st March,1995.
Here Scholar has tried to throw some light on the duty and reality
prevailing about this Act. The rules made under this Act enjoins upon
the State Governments to declare “identified area” where the State
Government has reason to believe that atrocity may take place or there
543
is apprehension of recurrence of an offence under this Act or an area is
prone to atrocities. This is the duty cast upon the State Government. As
per this provision, for example, the Government of Gujarat has declared
11 districts as “notified area” for the purpose of this Act. Rule-3(ii) says
that the State Government shall order the District Magistrate and
Superintendent of Police or any other officer to visit the identified area
and review the law and order situation. Now this is the legal duty but
reality is quite different. Nobody visits such area and reviews law and
order situation with respect to this Act. Rule 3(1) (iii)says, in such area
the arms licences of persons, not being the members of the Scheduled
Castes or the Scheduled Tribes, their near relations, servants or employees
and family friends, if deemed necessary can be cancelled and get such
arms deposited in Government armory. This is the duty but in reality this
is never done in 11 districts of Gujarat which are declared as “identified
area.” Rule 3(1) (v) says that the State Government shall, with a view to
ensure safety of person and property, if deem necessary, provide arms
licences to the members of the Scheduled Castes and the Scheduled
Tribes. This is the duty but in reality this is never done.
Rule 3(x) says that the State Government shall deploy special
police force in the identified area. This is the duty. Reality is this that
nowhere in entire State of Gujarat special police force is deployed for
this purpose. So if one scrutinizes all rules, there are many pitfalls,
shortfalls, loopholes, lacunae and shortcomings in the enforcement of
both the Act and the Rules made there under.
As per Rule-16, the State Government shall constitute a high
power vigilance and monitoring committee of not more than 25
members. The Chief Minister is the Chairman of this Committee. The
544
high power vigilance and monitoring Committee shall meet at least twice
in a calendar year in the months of January and July to review the
implementation of the provisions of Act, relief and rehabilitation
facilities provided to the victims and other matters connected therewith,
prosecution under the Act, role of different officers/agencies responsible
for implementing the provisions of the Act and various reports received
by the State Government.
This is the duty of the Chief Minister of a State to convene the
meeting of this State level vigilance and monitoring Committee twice a
year regularly but in Gujarat, as reported by reliable sources, the same
was not convened for a period of five years by the Chief Minister of the
State. So this is the ground zero reality. There is earth and sky difference
and distance between duty and reality in the implementation of this very
important social legislation.
In fact, in India, after the independence, the new Constitution and
the new laws have created a situation of transition of norms and values
in social, economic, political and almost in all fields of human activities.
Old norms and values have undergone a sea change and still the process
is not over because of lack of desired level of will, education and more
importantly the lack of creation of proper awareness in the people about
the necessity for accepting new social norms and values and similarly
saying good bye to the old social norms and values. The caste-based
hierarchic stratified inequality, an old social norm of Indian social life
has to be given a go bye and new norms of liberty, equality and fraternity
have to be welcomed and due place has to be given by the society to
this new democratic norms and values. The main problem is refusal of
acceptance of the new norms and sticking to the traditional norms and
545
values and continuing the behaviour in accordance with the old norms
and values. It is expected that when the transition period will be over,
caste based problems will also be over, till then efforts have to be
continued to ensure that the new norms and values replace old norms
and values as early as possible. This is a desired social change to be
brought about through the medium of law i.e. using law as an instrument
of social change.
Conclusion and suggestions with data:-
Well structured questionnaires were given to all of the
respondents and they were required to fill up the same tick marking the
options they think was right according to their perception of each question.
Besides filling up the questionnaire as required, some enthusiastic
respondents gave extra comments, remarks in addition to the options
available in the questionnaire. The extra observations by the respondents
are also, at times found very significant and valuable and hence their
caste wise responses are as under:-
Extra observations of respondents
1. Brahmins:-
A famous Brahmin writer who is one of our respondents said
that he does not believe in the caste. He further said that he is Hindu by
birth but his thinking and belief are totally rationalistic. He said that
though both he and his wife are caste Hindus from different castes i.e.
male from the Brahmin caste and the female from the Lohana caste they
had to face difficulty at the time of their inter-caste marriage. He had
married in the year 1964. In the beginning his mother did not permit his
wife’s entry into their kitchen. Now everything is settled. This is a case
of inter-caste marriage between two persons belonging to two high Castes
546
despite that the caste curse haunted them. Another Brahmin respondent
says that the caste-based discrimination can be removed by persuasion.
He believes that damage is not done by the “Gnati” but by the “Jati.” It is
not understood what he means by this statement? Perhaps he might have
meant “Race” and “Caste.”
. Whether it is an offence to use caste insulting words for Dalits?
In response to this question one Brahmin says that not only for the Dalits
but offensive and insulting words should not be used for anyone
belonging to any caste. He gave an example of his caste stating that “We
are Brahmins but people call us as “Bamanas” which is insulting.” One
Brahmin in response of inter-caste marriage opined that a penal law
against inter-caste marriage should be brought in force. Another Brahmin
while answering question on social and national unity has felt that all
ills of to-day’s society are because of the disruption of caste system. In
connection with separate cemetery for caste Hindus and the Dalits one
Brahmin expresses total ignorance about prevalence of untouchability
saying that it might perhaps be there somewhere, another Brahmin says
that the question of untouchability is not at all there now. In connection
with traders practising untouchability while delivering victual to the
Dalits, one Brahmin said tat it was not true that untouchability was
practised by the traders while delivering victual to the Dalits. In
connection with inviting Dalits on social occasions one Brahmin says
that now persons belonging to all castes are invited. All are welcomed
also but treatment to a person should be as per his “Karma” and that is
necessary and he questions saying for example will you allow to take
food with the scavengers along with your guests at your place? Like
that.He asserted about discrimination implying that no Dalit or for that
547
matter anyone else can expect such acceptability from the Caste Hindu.
In response to a question pertaining to social acceptance of Dalits by the
Caste Hindus, he says yes, ready to accept Dalits but puts a rider that
“only if they deserve.” He does not specify any standard or yardsticks as
to how should Dalits become deserving for acceptability by the Caste
Hindus. One Brahmin clearly says ‘No’ to accept Dalits qualifying his
statement with the condition that the Dalits must deserve for it. 0ne
Brahmin says that everyone has his own ‘Samaj’. Further he says that
the question of acceptance itself is wrong. In connection with acceptance
of Dalits in bus, train,toilet etc., one Brahmin says that in public there is
no point to see who does what in your vicinity.
In connection with choice of acceptance between Dalits and
Adivasis, one Brahmin curtly says that the country and the society do
not run as per his opinion and so saying he avoided his opinion. About
Dalits and Caste Hindus’ participation in community dinner, one Brahmin
says that the scriptures forbade even two persons belonging to Caste
Hindu to take meals together on same carpet.(He called “aasan”). About
entry of Dalit in caste Hindu’s house/kitchen, one Brahmin proudly says
that my house and my kitchen are my personal property. Anyone can get
entry with my desire and permission only. One Brahmin says that he has
no objection if Dalits enter into the temple and its sanctum sanctorum
but another Brahmin cautiously says that there is no need to say “No” to
Dalits for entry into the temple and its sanctum sanctorum. About
appointment of knowledgeable and well-versed Dalit priests in temples
for officiation of rites and rituals,one Brahmin counter questions saying
“Have you any objection if rites and the rituals are performed by the
548
Brahmins in temple and elsewhere?” He further asserts that the Brahmins
have the rights to do the “Karmkand.” 0ne Brahmin says that the question
of Dalits performing “Karmkand” in religious ceremonies does not arise
at all. He says that “first you identify and bring such Dalit who knows
such religious rites and rituals.” In connection with reservation for Dalits
in the private industries one Brahmin says that such decision should be
allowed to be taken by the proper person. He further opined that
irregularities are committed by formulating the law for providing
reservation to the Dalits. In response to social change, one Brahmin
specified that social change should not be there everywhere. He further
says that for example, what is the necessity of change like gay
relationship? He queried. About his feeling in connection with injustice
done to the Dalits and to the Adivasis for centuries, one Brahmin has
given a shocking statement that according to you it is injustice but it is a
“Varnavyavastha” and for that everyone’s opinion may be different. About
social leadership, one Brahmin says that he has no objection with regard
to the social leadership being in the hands of the Dalits provided that
they do not misuse it. Another Brahmin in answer to this question says
that at some places social leadership in the hands of Dalits is misused.
He has not specified it. In connection with the strictness of “The Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)Act,1989, he
says that the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is one sided.
Besides their main responses given in the questionnaire, above
are the extra comments of the Brahmins.

549
 2. Kshatriyas.
About social change, one Kshatriya believes that social change
should be brought about by the social reformers but such social reformers
should first be properly educated and trained for the said purpose. Very
excellent suggestion indeed! Regarding the situation created by “The
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989”, one Kshatriya has opined that bad situation has arisen. The
Act is being misused. A Kshatriya, who has done Ph.d in Chemistry,
feels that nothing mentioned in the question asked about remedy to
remove defilement is needed to be done. This highly educated Kshatriya
says that no objection in accepting victual from the Dalits vendors but
does a volte face when he says, “I cannot say anything” with reference
to acceptance of victual from Dalit vendors in subsequent question.
Nine Kshatriyas are willing to accept Dalits on occasions like marriage,
death, mourning, festivals, Garba, Bhajan, Bhojan, Cultural programmes,
religious programmes etc. just for “Hindu unity” and not for promotion
of equality and fraternity etc.Five Kshatriyas have expressed their
opinions to accept Dalits on occasions like Garba, Bhajan, Mourning,
Cultural programmes etc.for the sake of national unity and not for any
other reason like brotherhood, equality etc. One Kshatriya has opined
that he believes in the Swaminarayan sect and felt that unity is necessary.
One Kshatriya’s logic and rationale being very clear says that the Dalits
should be accepted on all occasions and he believes thus to remove the
caste system. Another Kshatriya has said that to enhance Hindu unity
and to remove caste system, the Dalits should be accepted. One Kshatriya
says that he is prepared to accept Dalits only where the Dalits are invited.
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One Kshatriya has said that he will accept Dalits on all occasions because
sall human beings are equal. Excellent!!! Another Kshatriya has said
that Dalits should be accepted to remove caste system. One Kshatriya
has classified the occasions on which Dalits should be accepted. He said
he would accept Dalits on the occasion of death and mourning event
(Shok- Sabha) and will not accept Dalits on the occasions of marriage
and feast (Bhojan). In connection with inter-caste marriage, one Kshatriya
opined that there should be consent from both the parties. By both the
parties he perhaps implied the consent of the parents of both the parties
and also of both the castes of the families of the boy and the girl. One
Kshatriya opined that in private industry, the job should be given as per
qualification and not as per reservation.
In connection with removal of caste based discrimination, one
Kshatriya says that by “thought” discrimination of such nature should
be removed. This is perhaps the best remedy for removing caste based
discrimination as the UNESCO’s Constitution also says that, “Before
war begins, it begins in the minds of men where defenses of peace must
be constructed.” Like that if the Caste Hindus remove caste-ism from
their minds where thoughts arise, the problem will be solved forever.
One Kshatriya opposing the assistance/help, extended to the members
of the Scheduled Castes and the Scheduled Tribes by the Government
says that such assistance creates caste differentiation and the society
gets divided in two parts as high and low and such step segregates the
people from one another. In connection with participation in Dalits’
social functions, one Kshatriya said that he did participate in Dalits’
social functions because he does not believe in the discrimination. This
Kshatriya was the Commissioner of Police of Ahmedabad City. He
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further said that there should be income limit for assistance provided to
the Scheduled Castes and the Scheduled Tribes. In fact such income
limit is already there. He also believes that injustice to the Scheduled
Castes and the Scheduled Tribes has almost been removed. Despite being
the Commissioner of Police, surprisingly, he does not know whether
the Indian Constitution has abolished untouchability. He also does not
know whether the untouchability and the discrimination based on caste
and the idea of high and low again based on caste is a social problem. It
seems ignorance is bliss for the Commissioner of Police, a very high
ranking IPS Officer who is supposed to enforce all the social legislations
in his jurisdiction and also remove the untouchability and the social
disabilities arising out of the untouchability and the caste. One Kshatriya,
an IPS officer of very high rank, Joint Commissioner of Police in
Ahmedabad City believes that the inter-caste marriages should be allowed
to happen as a routine thing and not to be focused attention on. His
views on forms of untouchability in Gujarat are that “incidence is not
much.” In connection with remedial measures for removal of defilement
due to untouchability, he says he did nothing. He is ready to accept Dalits
on all occasions. He says there is nothing different about them. He has
many times called the members of Scheduled Castes and the Scheduled
Tribes on his social occasions. He says he had never paid attention to
such details as to the caste of the shopkeepers. He says he will accept
tea, paan, meals etc. from wherever it is reasonable. In connection with
scavenging work, he says “Such work we do at home any way.” In
connection with his opinion about the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 he opined:

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“but police should not have FIR mentality and evaluate evidence before
charge-sheeting otherwise it is liable for misuse,”
One Kshatriya who is a Police Inspector in Ahmedabad City has
said that he participated in Dalits’ social occasions because he was
elected member in Taluka Panchayat from Congress in the year 1980.
One Police Sub-Inspector from Ahmedabad City who is also a Kshatriya
said that he had participated in Dalits’ social functions because of the
friendship due to studying together and because we belong to the same
village and for maintaining good image of Police Department. One
Kshatriya who is a Police Constable in Ahmedabad City says that he
does not believe in untouchability. He further says that he would accept
victual from wherever the same is cheap and clean. In connection with
Government assistance to the Scheduled Castes and the Scheduled Tribes
he says that in India everybody should be treated equal and benefits should
be extended to all on the basis of equality. Every poor should get benefit
notwithstanding the fact that he may belong to any caste.
One Kshatriya who is IGP in rural area says that no incident of
getting polluted has happened. He further says that it is not seen that the
other party is a Scheduled Caste (Dalit). We happen to go to their social
occasions as an acquaintance, friend etc. In connection with inviting
Dalits on social occasions, he says that on such occasions caste is not
seen. Another Kshatriya from rural area said that he had participated in
Dalits’ social occasions because of his friend circle. He further says that
he does not believe in the untouchability. He nobly says that he believes
to walk on the path of Gandhiji and Ambedkar. Another Kshatriya says
that to exhibit the man’s humanity he participated in Dalits’ social
occasions. He further said that he had participated in Dalits’ social
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occasions to see a man created by God from a man’s eyes. He also says
that for removal of caste system he had participated in the Dalits’ social
occasions.

3. Vaishyas
One Vaishya says that social change should be brought about
by the electronic and print media because the same is faster and effective
medium. Another Vaishya says that there is no concern for either
the Varna or the caste, the social leadership should be in the hands
of the competent persons. One Vaishya says that if invited, there is
no objection in taking part in social occasions of the Dalits. One
Vaishya says that yes, we will accept victual from the Dalits. One
Vaishya says that the assistance given to the Scheduled Castes and
the Scheduled Tribes by the Government should never be given. One
Vaishya says that he has never participated in Dalits’ social occasions
because their methods of speaking, walking and eating are different.
One Vaishya says that Caste-based discrimination will be removed
by good conduct with each other. One Vaishya says that the four options
in question Q.No.28 relating to the inter-caste marriage are wrong
but he has not stated any reason for the same. One Vaishya says that
if the nature of person belonging to the Dalit Community is good,
we had invited him. One Vaishya says that rites and rituals should
be performed as per prescribed method.
One Vaishya in connection with appointment of Dalit priests in
temples and religious institutions says that everyone has the right to do
the business and our country India is free. One Vaishya says that man
may do whatever he thinks fit in connection with acceptance of victual
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from Dalit Shopkeepers. One Vaishya says that it is unnecessary for the
Dalits to be educated for social leadership. One Vaishya has qualified
his options with a condition that if cleanliness is there he will accept
victual from the Dalits. One Vaishya is a writer. He says he had gone to
attend Dalits’ social functions because he has relationship with the Dalits
and further he stated that he does not believe in any caste based
discrimination. One Vaishya says that the God is seating in everyone,
with this philosophy and for social cohesion (Samarasata) he would
like the system of Caste Hindus’ children dinning with the children of
the Dalits. He further says that none is high and none is low and none is
touchable and none is untouchable. One Vaishya says that society gets
rejuvenated by change and everyone should get the benefits of such
change.

4.& 5. OBCs and Patels

One respondent says that if there is good quality of the victual he
has no objection to accept the same from the Dalits. One woman
respondent (Kumbhar-Potter-OBC) has opined that she does not believe
that anybody is a Dalit. All are equal- by thinking so. Pleasure and joy
should be distributed, she felt.
One OBC says that he participated in Dalits’ social occasions
because he does not believe in untouchability. This OBC respondent is a
diploma Engineer. He further states that the State Government has
increased distance by giving more facilities to the lower castes. He says
that everywhere a person should be clean. He also says that the children
of the Dalits and other children should be clean and cultured then only
inter dinning should be permitted. He also says that there should be no
555
reservation, only qualification, merit. In connection with the acceptance
of victual from the Dalit shop owners, he says that he has no objection if
cleanliness is there. In connection with a question whether would he
like to buy victual from the Dalits traders if Dalit traders sale victual
with good quality and at lower prices, he says that he will prefer to take
it from where it is cheap and good. In fact same is mentioned in the
question itself despite that he avoided the correct answer may be under
influence of caste. The same thing is mentioned in the question despite
that he gave answer with some inhibitions. In connection with a question
that what change has come due to the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 he says, “but
many Dalits misuse it.” This is not proved in our empirical research
study. He has not furnished any example or details of misuse of the said
Act by the Dalits. In connection with his personal opinion about the said
Act, he said that a more strict and stringent law should be made against
the Dalits who misuse the law. He has opined that no change has taken
place in caste and the untouchability due to Government assistance. This
assertion is not correct as due to the law only, the practice of
untouchability is not there what it was 60 years ago.
From Ahmedabad rural two persons have opined that the
assistance given to the Dalits by the Government should be properly
utilized. There is also opinion that if both parties agree for the inter-
caste marriage, then there should not be any objection. Other opinion is
about the equality of rights that all citizens of this country should get,
equal rights and equal assistance. In connection with what type of
situation is created due to the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, one respondent says that due to
556
this Act, the atmosphere of trust between the Dalits and the Caste Hindus
does not survive. One respondent says that he had participated in Dalits’
social functions because of working together with the Dalits. One
respondent says that the Government assistance to the Dalits should be
continued if they are fit for the same. One OBC respondent says that
marriage is the necessity of the human being and it is the system of
creating society. Male and female with similar thinking can marry.
Another OBC respondent says that it will be better to keep away the
politics from the society. The work of disintegrating the society is done
by the politics only. It is feared that caste is used as a weapon for one’s
own selfish ends. Muslim OBC person response shows that not only
in Hindu Society but now untouchability is also seen in all societies. In
Hindu society it is a bit more discernible. He says that in fact
untouchability is born when a man considers other man to be inferior to
him.
In urban area of our study, a Doctor by profession has extra
personal observations as under:-
(1) Every person of the society is part of the
social leadership. If every person brings honesty in his work, nobody
else is needed. (2) The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 should be there but it is misused.
No false complaints should be made. (3) Caste based insulting words
should not be used for anyone. (4) The social leadership should be in
the hands of capable persons. (5) In connection with inter-caste
marriage, he says that hybreed is always good. He further opines that
the marriages should be decided after blood test ensuring that no
hereditary diseases take place. (6) He says that in to-day’s time there
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 is no concern for Hindu society or Gandhiji’s philosophy. (7) He says
that if one is economically sound, then there is no discrimination.
This means that economic condition becomes base for
discrimination.(8) In connection with acceptance of Dalits, he said
that every person with good manners is acceptable by any other
person. (9). Regarding appointment of Dalits who are knowledgeable
and well-versed in rites and rituals as priests in the temples and
religious institutions he says that all religious places, temples and the
rites and the rituals should be closed down and stopped and instead
it is necessary to open gymnasium, swimming pools, hospitals etc.
(10) In connection with acceptance of victual from the Dalit
shopkeepers he says that in today’s time nobody sees whose kettle or
hotel it is, but people see the quality and prices. (11) He feels that
society changes on its own (ipso facto) with political and social
change. (12) No caste based assistance should be given but such
people should be given Government assistance in whose area
infrastructure is lacking and in such area Government assistance
should be given to the members of any caste. (13) This professional
person says, “Till to-day, really I do not know anything about the
points/provisions of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 or the Rules made under this
Act.”
From Ahmedabad rural area respondents say that, “Our own
opinion in all these matters is this that if we keep good relationship with
the Dalit society and if we accept Dalits then only the Hindu religion
will survive. This is what we believe.” Another respondent from
Ahmedabad rural says that only the needy should be given the government
558
assistance. One respondent says that law should be applied only if really
the offence has taken place. Misuse of law should not happen. If misuse
takes place the same should be examined and checked.

6. The SCs/STs.
If we conclude data/information collected from the Dalit
respondents, then picture emerges as under:-
In answer to how to remove the caste based discrimination one
Dalit says it can be done by the change of religion and inter-caste
marriage. One Dalit respondent says that where untouchability cannot
be practiced, mental untouchability is practiced. One Dalit says that it is
the duty of the Caste Hindus to remove the blot on the Hinduism. It is
not necessary for the Dalits, on their part, to beg for the equality. One
Dalit says that on certain occasions Dalits and the Adivasis are not called
at all for example the installation of idols done by the Caste Hindus in
village temple. (Pran-Pratishtha), Navaratri Mahotsava, public gathering/
meeting held in the village etc. Even when such meeting is held in
Panchayat office even then they are not called. One respondent says, “I
am a Dalit and I know real matter and therefore I give this answer. Nothing
happens to me but everything polluting happens to the Caste Hindus.”
One Dalit says that many problems arise in society due to the
discrimination of high and low and the untouchability. One Dalit who
was an IAS Officer and retired as Secretary to the Government of the
Gujarat and who also once worked as the Director of Social Welfare
says that the caste based discrimination can be removed by impartial and
strict enforcement of the Acts and the Rules in this regard. He further
says that by inter-caste marriage, the benefits of the intelligent and
559
promising youths of the Dalit Community go to the Cast Hindus and
therefore he opposes inter-caste marriages. In connection with a question
that what benefits accrue to the society by caste system, he says that to
Scheduled Castes, no benefits accrue due to Caste System. He further
says, “All are born equal and live equal and therefore society should
make it possible by changing and through stringent law.” Further he
expressed conservative assertion that people advance in life because of
their castes but he qualified his statement saying that except Backward
Classes, Scheduled Castes and the Scheduled Tribes and the OBCs. He
added that social leadership should be in the hands of the Dalits on par
with the other castes’ people on the basis of equality. In connection with
his opinion about “The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989” he says that this Act should be
enforced sternly and strictly.
One Dalit who has done Ph.D. and who is connected with various
social movements expresses his own considered opinion about the said
Act as under:-
“To make this Act meaningless, at all levels, from the stage of
complaint till the stage of judiciary to give justice, all subterfuges/
machinations have been used and the Act has been rendered meaningless/
useless.” He also said that “Untouchability is not a blot on the Hinduism
but Hinduism itself is a blot. Gandhiji says that Hindu religion means
Varnavyavastha.” Another Dalit, little literate but highly intellectual, an
Ex-Mill worker, about 90 years of age says that, “the social leadership
should be in the hands of honest, powerful, impressive and erudite
persons.” He narrated the situation created by the caste system and
untouchability in Meshwa kantha villages and in the villages of the
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Dehgam taluka of Ahmedabad district (Now Gandhinagar district) from
where he is hailing. The Dalits had to fetch water from their own separate
wells or from the rivers, if rivers are there in the villages. The Dalits
could fetch water only in earthen pot vessels. They could not use utensils
made of metals for fetching water. Vessels made of bronze, copper or
any metallic vessels could not be used by them. The Caste Hindus did
not allow them to use such vessels other than earthen pots and double
earthen pots, one upon the other (Bedu-earthenware). A type of social
ban was there in place. This had been a social practice approximately 70
years ago in the area of Dehgam Taluka of Ahmedabad district (Now
Gandhinagar district). The Dalit Brahmins were forced to address
themselves as “Garoda” only. Sixty years ago from now compulsorily
the Dalits had to address the Caste Hindu Darbars (Kshatriyas) as “Bapa”
(meaning father) and compulsorily they had also to address Patels as
“Kaka” (means uncles). It will do if Patels were addressed as “Kaka”
that means Patels used to be addressed as “Bapa” and “Kaka” both but
nothing less than “Kaka.” In those days Dalits could not construct good
house with roof tiles. If the Darbars/Kshatriyas, Thakor, Thakarda, Patels
and others when they come to Dalits’ habitat, the Dalits in their own
habitat and at their own residences could not sit on the cot. The Dalits
had to stand up and keep standing till the departure of these Caste Hindus
from Dalit Mohalla (Habitat). This was the unwritten social law declared
by the Caste Hindus and enforced ruthlessly by them. The said social
practices based on untouchability and concept of high and low based on
caste still continue but since the wells and rivers have dried up and the
water posts are caste wise provided in each villages separately, the
question about not allowing the dalits to draw water in metal pots does
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not survive and similarly the question of tiled roof of Dalits’ houses
also stands mitigated to a large extent yet jealousy based on caste against
the Dalits prevails. Rest remains as it was.
Talking about his own village “Halisa” in Dehgam taluka he says
that the Chaudhary Patels were previously known as “Aanjana Patels”
50 years ago in their village “Halisa.” One Lallubhai Chaudhary’s son
named “Bogho” died at the age of 18 years. There was custom in their
community that on the 12th Day after death they used to do the “Barmu”
in which they offer feast of sweet called “Shiro” to all people of the
village. This Chaudhary Patel Lallubhai came to the Dalitvas (residences
of Dalits) on the day of “Barmu” and told Dalit Vankars to take away
their dishes (Bhanaas) from his place. “Take away the Shiro” he said.
One old Vankar named Lavji told the Chaudhary Patel, “Your very young
son has died and hence we can neither take nor eat your Shiro.” By
saying so the (Vankar) Dalits refused to take “Shiro” of the Chaudhary
Patel. This wise counsel of the Vankar touched the hearts of all the
Chaudhary Patels and thence onward till date the Chaudhary Patels are
not doing any “Barmu” at all. This Dalit Vankar had told them “You can
it, it cannot be eaten by us” and this sentence touched the inner social
conscience of the Chaudhary Patels in a most natural way which brought
about permanent social change in upper Caste Chaudhary Patels in one
stroke of a lower caste Vankar Dalit’s word. This happened due to the
Vankar’s conduct and word to a Caste Hindu Chaudhary Patel which
brought social change in Chaudhary Patel’s age old social custom and
tradition which even a law could not have changed as customs and mores
are stronger than the law as has been rightly said in Sanskrit verse that
“Shastrat Rudhi baliyasi” means the tradition/more is stronger than the
562
law. The question now arises is who can be called backward? Chaudharys
or the Vankars?
A medical practitioner – MBBS Doctor from Scheduled Caste
offered his detailed extra comments and opinions as under:-
The influential, men of status, well-meaning leaders from Caste
Hindus and Dalits both, in village, City and Society should meet together
and they should try to bring revolution in the society by beginning from
their own houses through persuasion and all should join hands and set
out for persuading people and should provide incentives, assistance and
security for proper inter-caste marriages. For example, in past, Kasturbhai
Sheth foregone his caste indicator surname and Lalbhai and Vikrambhai
also gave their family the identity as “Sarabhai” and the same still
continues. But that remained limited to their family only. A lot of
difference can take place if Caste Hindus’ prominent leaders think about
this and thus a ladder for social change can be obtained for change in the
Varna/Caste system. All people, he implied, should give up their surnames
which indicate their Varna or Caste. He felt that damage is indeed caused
to the society and religion due to Caste System but he is of the opinion
that if untouchability is removed and the idea of high and low is removed
then there is no shortcoming in the caste system because the children get
customary values and system from their parents and almost all villages
of India had become self reliant because of the Castes only. For all
skilled workers, the village had not to depend upon another village or
other outsiders. Seldom such type of arrangement was available in any
country of the world. However due to discrimination/untouchability/
Brahminism its main purpose is dead in today’s time and now all
traditional industries stand almost annihilated due to modern technology.
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Otherwise in a village, Potter, Blacksmith, Weaver, Chamar, Farmer,
Trader, Tailor, Teacher, Brahmin, Solder, Sipai all had their own
specialization and expertise and all used to be helpful to each other to
look after their requirements. In times of happiness and distress they
used to cooperate with one another. He further feels that in today’s time
a class in Caste Hindus who misuses the caste, practices the
untouchability and does injustice might be very less. The rest like religion,
politics and society appear to be playing greater role. He further says
that Dr.Baba Saheb Ambedkar, in his older age, did inter-caste marriage
perhaps to set an example in the society. Dr. Savita was a Brahin. He
further felt that such marriage between Dr. Savita and Dr. Ambedkar can
really bring positive change in the caste based discrimination of high
and low and both the societies that is the Caste Hindus and the Dalits
will respect each other and gradual social interaction and social
relationship may also grow. The respondent (Dalit Doctor) at the end
has said that all these are his personal opinions.
The above all are the remarks, comments, assertions, views,
beliefs, averments, affirmations and statements made by the respondents
belonging to all castes, communities and tribes. They have expressed
their additional views on various matters related to the subject as above.

Comparison of data and conclusion with objective of study:-

The data gathered and the analysis done proves that so many social
theories and beliefs are not in fact found correct and the social change in
fact swept so many such theories, thinking and the general belief not
only of the common people but also of the academicians and social
scientists.
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 The theory of Chaturvarna is found totally shattered in all the
four major Varnas i.e. (1) Brahmin (2) Kshatriya (3) Vaishya and the (4)
Shudra. The Divine concept of creation of Chaturvarna system is not at
all acceptable to the overwhelming majority of people. The people both
urban and rural have in fact given unceremonious exit to the Chaturvarna
system and this has happened in all varnas including in the varna of its
protagonists.
Now let us see what the analysis of the data collected from the
respondents offers us. Analyzing the data in sequence of the
questionnaire, the first revelation is the longevity of the respondents. It
is seen that longevity in the Scheduled castes is highest whereas the
same is the lowest in OBCs and the Vaishyas. In educational excellence
the Scheduled Caste is at the top. With 13.15% doctors, the Scheduled
caste is the first as compared to all other castes in this regard so far as
education is concerned. The Scheduled Caste has even surpassed the
Brahmins in this connection. In the Post graduation education also the
Scheduled Caste is on the top as compared to all Varnas and Castes
taken into this study.
Service as an occupation of Brahmin has registered a decline from
58.8% to 52.94% so far as urban area is concerned whereas in rural areas
it formed an upward trend from Nil to 42.85 %. Decrease is also noticed
in the traditional Brahminic occupation of astrology from 25.49% to
13.72% in urban area and from 71.42 % to 28.57 in rural area respectively.
This appears to be a major setback to the traditional Brahminical occupation
but as seen everywhere the Brahmins are gaining their lost ground again
as most of the T.V. Channels are full of astrology and the Pauranic tales.
The traditional occupation of the Kshatriyas is the military service but
565
unfortunately none from the Kshatriyas is in the military so far as
respondents of this study is concerned. Then the agriculture became the
main occupation of the Kshatriya but in agriculture also the Kshatriyas
are losing the ground as from 51.89% they have come down to 10.12%
and from 72.72% they have come down to 27.27% in urban and rural areas
respectively. But it is surprising that the Kshatriyas have surpassed all other
communities in the matter of service as occupation. Till then it was the
monopoly of the Brahmins in the service sector but now the Kshatriyas
have scaled these new heights from 44.30% to 81.01% in urban area and
from 27.27% to 63.63% in rural areas surpassing all other communities.
The Vaishyas have given up agriculture. They have also given up
protection of cow. Both these were their main traditional occupations
as Vaishya in the Chaturvarna System. Surprisingly they are also slowly
losing their main hold on the business as other so many people from
different castes have made inroads in the Vaishyas’ main occupation i.e.
business. The Vaishyas’ business as occupation declined from 47.45%
to 42.37% in urban areas whereas business as occupation of all other
castes except OBCs has registered increase in business as occupation. In
rural area the Vaishyas have maintained 100% business as an occupation.
The OBCs’ business as occupation has decreased from 38.25% to
35.5% in urban area whereas it has increased from 33.12% to 49.98% in
rural areas. A quantum jump from19.66% to 43.53% in urban area in
Service as occupation of Patels is quite noteworthy.
The Scheduled castes have almost completely given up
their traditional occupation of weaving so far as respondents of
this study are concerned. The Vankars among the Scheduled
Castes were doing this business. The Scheduled Castes’ persons who
566
were working as textile workers are almost deprived of their occupation
due to the closure of the textile Mills. The tannery occupation of the Chamars
from amongst the Scheduled Castes has almost been stopped. Now there
is wonderful increase in the service as occupation of the Scheduled Castes
as the same has increased from 26.31% to 86.84% in urban area and has
remained static to 50% in rural area. There is more than 5 times increase
in the business as occupation of the Scheduled Castes in urban areas and
there is zero per cent business as occupation of the Scheduled Castes in
the rural areas.
So far as the size of the family is concerned, the Brahmins and
the Kshatriyas have the largest size of the family. The maximum number
of persons in a Brahmin family is 10 whereas the maximum number of
members in a Kshatriyas family is 14. It seems by and large the small
family norm has been accepted by most of the people. The above two
example are exceptions. In this study the maximum number of families
have only 4 members in their family i.e. “we two, ours two” the
Government slogan on the family planning has worked well.
Some people from all Varnas have done inter-caste marriages.
These marriages are “Anulom” and “Pratilom” both. “Anulom” means
husband belongs to a higher Varna or Caste whereas “Pratilom” marriage
means the husband belongs to a lower Varna or Caste. 68.23%
respondents from urban area and 58.81% respondents from rural area,
from all Varnas and Castes believe that the inter-caste marriages will
strengthen social and national unity. 65.31% respondents from urban
area and 67.47% respondents from rural areas have respectively and
very clearly opined that inter-caste marriages should take place and this
is the opinion from people of all Varnas and all Castes. The percentage
567
of the rural people in this regard is higher than their counterparts in the
urban area. All prohibitions placed on the people of India by Manu and
his Manu Smriti and other such scriptures banning or discouraging inter-
caste marriages have been rejected by the majority of the people. In fact
this is a most positive sign of Indian orthodox society due to the impact
social change brought about by Law. The village people usually are found
lagging behind as compared to the urban people but in this case they are
ahead of the urban people as their percentage is 67.47% in believing
that inter-caste marriages will strengthen social and national unity. Again
the rural respondents outsmart the urban respondents when 75.53% of
them say that Government assistance should be provided to the couples
who enter into inter-caste marriage as against 70.42% respondents from
urban area believing the same.
The age-old theory of “Divinity” for creation of Varna and Caste
is discarded lock, stock and barrel by the people as 96.11% people from
urban area and 103.26% people from rural area have asserted that the
idea of high and low is created not by the God but by the people and by
the scriptures created by them. Thus the theory of divinity that the God
had created different Varnas i.e. Brahmin from His mouth, the Kshatriya
from His arms, the Vaishyas from His thighs and the Shudra from His
feet, holds no relevance in modern times and respondents have firmly,
very categorically and outrightly rejected the same. This is the sign of
awakening on the part of respondents from the blind belief to logical
and rationale belief.
This study has dented the main features of the Varna and caste
system. From above percentage of respondents believing that the Caste
and Varna system was not created by the God as claimed by few, is
568
testimony that birth based and graded hierarchy of caste is no longer
held valid and acceptable to the people. The other feature of the caste
system is the endogamy. Now the majority of people believe in the inter-
caste marriages and majority of people also believe that Government
assistance for inter-caste marriages should continue proves the point
that endogamy is also threatened by the new social thinking and the
change is sweeping both urban and rural areas of the State. The impact
of hypergamy too is evidently impacted due to inter-caste marriages and
people’s thinking in favour of inter-caste marriages. The occupation
theory of caste also has lost its sheen as the manufacturing of textile is
overtaken by the Vaishyas from the Ati-Shudra Vankars and the
occupation of the tannery is taken over from the Chamars, the other Ati-
Shudra, by the Caste Hindus. The people belonging to Ati-Shudra Varna
have also adopted new occupations like teaching, military service and
business etc. which used to be the occupations of Brahmin, Kshatriyas
and the Vaishyas respectively. The restriction on food, drink, smoking
etc. have also been dented by the new thinking of the people reflected in
this study that the caste Hindus have expressed their readiness to accept
Dalits on their social occasions and they have also started inviting them
on their social occasions. The distinction in customs, dress and speech
is also disappearing. As we have seen in this study and in this Chapter
itself about the people’s extra comments wherein many Caste Hindus
have not agreed with the caste based discrimination practised against the
Scheduled Castes and the Scheduled Tribes and most of the time they
talked about the equality and the merit. The concept of purity and impurity
has been given good bye, by almost all the respondents except only two
respondents from the OBCs who repeatedly talked about cleanliness.
569
The theory of pollution is also no longer valid as per the responses of
the people as 88.64% Caste Hindus believed that the touch of a Scheduled
Caste person does not pollute them and in fact nothing happens to
them by such touch of a Dalit. So the theory of pollution is dented to an
all time high extent of 88.64%. The rural people are racing close to
their urban counterparts and their percentage in this regard is 87.33% is
indicative of just neck to neck competition in throwing away the theory
of pollution from the society and this study has amply proved this point
in above analysis. The people have already dismissed with thumbing
majority the claim of the “Divine creation” of the Varnas and the Castes.
The sociological theory of prohibition of marriages outside one’s caste
is also denounced and not held valid by the people in this study. The last
theory or the feature of the caste is the separate locations of the Dalits
from the Caste Hindus but in this study 90.69% Caste Hindus have
expressly stated that they do not have any objection if Dalits reside in
their area or society with them. Only 9.30% Caste Hindus have objection
in this which is very negligible opposition to Dalits. The builders who
hesitate to give flats or houses to the Dalits in their schemes must take a
lesson from this study about the people’s thinking in this matter and
shun the mentality and the presupposed notions that the high Caste Hindus
will not purchase houses and flats from them if they give houses to the
Dalits in their colony or society or flats. Thus this conclusion on this
theory counterpoises the fears of the builders.
The theory of Sanskritization:- Srinivas’s theory of
sansritization is applicable to the lower caste people who imitate the
customs, mores, culture, civilization of the higher caste people and try
to identify with them to improve their social status. This theory is not
570
applicable to the Brahmins as Brahmins consider themselves highest in
the caste-based hierarchy. But in this study it is found that this theory is
also not applicable to the Kshatriyas as they consider themselves second
to none. None of the Kshatriya respondents had shown his Varna as
Brahmin, a supposedly higher caste but everyone in the Kshatriya Varna
had stated “Kshatriya” as their Varna whereas the other lower order caste
Patels had shown their Varna as Kshatriya, Vaishya etc. concealing their
own varna “Shudra.” The OBCs have also done the same thing.
Surprisingly the Sanskritization theory of Srinivas is defeated by the
Scheduled Castes and the Scheduled Tribes as they also like the
Kshatriyas, have not shown any other Varna other than their own Shudra
and Atishudra Varna. Dr.B.R. Ambedkar “Theory of Imitation of higher
Varna by lower Varna” is the same and matching with the theory of the
Sanskritization of Srinivas. But the result of this study indicates that the
Kshatriyas, the Scheduled Castes and the Scheduled Tribes have proved
this theory wrong in their application to them. The Patels and the OBCs
are desperately pursuing the theory of Sanskritization as real and pinching
crisis of identity is faced by both these communities.
The desperation of Patels seeking identity elsewhere is shocking
as 5% Patels from Urban area and 10 % Patels from rural areas
respectively have claimed themselves as Kshatriyas. 63% & 60% Patels
respectively from the urban and rural areas have claimed themselves to
be Vaishyas. 6.66.% and 20% Patels respectively from the urban and
rural areas have shown themselves as “Shudra” means only this
percentage of Patels have honestly stated their real identity whereas rest
all have tried to either hide it or to put up false claim of caste or Varna.
15% Patels from urban area and 10% from rural area have shown their
571
Varna as “Others” which is also false and misleading and aimed at hiding
and concealing the original Varna. 6.66% Patels from urban area have
left this column blank. Thus 93.34 % Patels are desperately seeking
their identity elsewhere forsaking their real identity as “Shudra.”
Thus the communities i.e. the Patels and the OBCs have
desparately tried to claim pseudo identity hiding their real identity.
Percentage-wise both these castes are almost equal i.e.91.25 % OBCs
and 93.34 % Patels respectively have shown pseudo identity of their
Castes. The theory of Sanskritization of Srinivas is found to be at full
swing in the case of these two Castes but not at all in the case of the
Kshatriyas, the Scheduled Castes and the Scheduled Tribes. This
sanskritization works in a converse way also. See the example of the
celebration of the Navaratri in Gujarat wherein most of the men, women,
girls and boys of all castes including the Brahmins participating in the
“Garba” imitate the dresses worn by the lower Castes’ people i.e. Rabari
and Bharwad who are Shudras.
99.56% Scheduled Castes and the Scheduled Tribes have shown
themselves as Shudra and Ati-Shudra and here the theory of
Sanskritization definitely seems failing.
73.34% and 65.40% respondents respectively from urban and
rural areas have stated that caste based high and low hierarchy is bad and
unnecessary. Just a microscopic minority of 9.60% from urban area and
9.48% respondents from rural area have stated that caste based high and
low hierarchy is good and necessary. In other words 90.4% respondents
from urban area and 90.52% respondents respectively from rural areas
have stated that caste based high and low hierarchy is not good and
necessary.
572
 A surprisingly very high percentage of respondents i.e. 81.16%
from urban and still higher percentage of respondents from rural area
i.e. 83.13% respectively believe that the Caste, Varna, untouchability
and discrimination based on caste should be abolished. Even 77.35%
Caste Hindus from urban area and 79.82% Caste Hindus from rural
areas clearly believe that the idea of caste based high and low should be
abolished. Again the rural respondents have shown greater awakening
and maturity than the urban respondents as seen from the above
percentage.
On the other hand, the highest number of respondents i.e. 59.49%
from urban area and 84.06% respondents from rural area have
respectively opined that the caste-based discrimination should be
abolished by persuasion. After persuasion, comes the law as an instrument
of social change to be used to abolish the caste based discrimination and
the third option is the inter-caste marriage. Thus, three remedies have
been mainly emphasized by the respondents for abolition of caste based
discrimination. The first as mentioned above, is the persuasion, the second
is by using law as an instrument of social change in which 21.84% and
5.93% respondents respectively from urban and rural areas opined that
caste based discrimination can be abolished by using law as an instrument
of social change. 7.44% respondents from urban area felt that the caste
based discrimination can be abolished by inter-caste marriage. None
subscribed this view from rural area.
80.56. % respondents from urban area and 76.99% respondents
from rural area respectively stated that caste system causes damage and
is a hindrance to the national unity. 50.74% respondents from urban
area and 46.63 respondents from rural area felt that there is no benefit
573
of the Caste system. How peoples’ total belief builds up can be seen
from following analysis:-

Table N0.8-1
Inter connection between Caste and Untouchability.
Sr.N0. Urban Rural Opinion
1. 27.09% 31.07% The Untouchability cannot be
abolished because of the caste.
2. 22.16% 15.41% Untouchability can be removed
speedily if the Caste is removed.
3. 34.69% 36.15% Caste is the root cause of
untouchability.
Total% 83.94% 82.63% -
Thus the combined opposition to caste has emerged from total
83.94% respondents from urban area and 82.63% respondents from
rural area respectively, and all of them have blamed caste for
untouchability and they felt that if caste is done away, then the
untouchability can be very easily removed. This is in tune with the famous
Sanskrit proverb “Mulonasti Kutoh Shakhah” if there are no roots how
can there be branches?
We have observed in this study that the knowledge of law, knowledge
of Constitutional provisions and knowledge of legal provisions of the
rural people is higher than the urban people. Here village people surpassed
their urban counterparts. 84.38% respondents from urban area had stated
that use of caste-based insulting words for the Dalits is an offence whereas
still more respondents from the rural area i.e.93.17% believed that use of
caste based insulting words for the Dalits is an offence. It is really an
574
offence under S.3 (1)(10) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act,1989. Thus the legal awareness of
the people of rural area is greater than the legal awareness of urban people.
This is yet against the general belief sor far held by the people in this regard.
4.77% and 3.05% respondents respectively from urban and rural area
believe that use of caste-based insulting words is not an offence. Again
the percentage of rural respondents in this answer is less than the urban
people. 6.91% and 1.38% respondents respectively from urban and rural
areas have stated that “they don’t know” about this matter whether it is an
offence or not. Again more than five times ignorance is there on the part
of the urban respondents as compared with rural respondents and last in
the category of “Cannot say anything,” 3.90% respondents from urban
area and 2.33% respondents from rural area respectively believe so. This
again is the point in favour of rural people.
4.58% and 2.33% respondents from urban and rural areas
respectively felt that complete abolition of Caste and Varna system will
create disorder in the society. Here again it can be seen that the respondents
from rural area have scored a higher point, almost the double point over
their counterparts from the urban area.
The theme of this research is Law as an instrument of social
change- a sociological study of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989. As we have seen in detail
in previous Chapters about this that how tremendously the laws have
impacted the Indian way of life changing the atrocious and horrifying
treatment meted out to the members of the same religion crossing all
limits of decency of public and private life and how law successfully
rooted out most of these horrendous practices, customs, mores and
575
inhuman traditions and if these laws were not enacted and put in practice,
Indian society and especially the Hindu society would not have changed
at all as only law forcefully threw away lock, stock and barrel all such
atrocious, outrageous, inhuman and discriminatory practices from the
society.
A quick bird’s eye view of various important laws is as under:-
The Indian Penal Code, 1860 treated all people equally. The
punishment hitherto had been as per the caste but the Indian Penal Code
abolished it and made it as per the crime and not as per the caste. So all
privileges enjoyed by the Brahmins, Kshatriyas and Vaishyas in
commission of crimes against the people of the lower strata of the society
were put to an unceremonious end forever and now nobody can even
think of the old laws of Manu which gave immunity and impunity to
the Brahmin offenders even from the heinous crimes like murder, rape
and grievous hurts caused by the Brahmins to the rest of the people of
India. Just try to imagine how effective the law is as an instrument of
social change. Similarly The Indian Evidence Act, 1872 treated the
evidence of all the persons equally without giving any weight to the
evidence of high and low caste people or even the adult and child. The
Code of Criminal Procedure, 1898 subjected all the Indians to the same
uniform procedure of law. All inequalities based on the caste and
religion, customs and culture, tradition and civilization were done away
with through these laws and now nobody remembers the old laws under
which the Indians were once governed. No other methods, no other
alternatives would have proved effective to such an extent as law an
instrument of social change has proved.

576
 The 21 various Acts passed by the different Legislatures of the
Indian Provinces and States respectively aimed at abolition of the
untouchability and removal of various caste based disabilities from Indian
society, also helped bring social change to a great extent. The restrictions
of temple entry in the country are removed to a great extent by all these
laws. Take Ahmedabad for example where restrictions were in existence
for entry in temple for the members of the Scheduled Castes which are
not there today. The credit goes to the Law as instrument of social change.
Had law not been there the same restrictions on temple entry would
have been continued till today.
These 21 Acts were SCs/STs specific. The Madras Removal of
Civil Disabilities Act, 1938 (Madras Act XXI of 1938) is almost mother
of all such SCs/STs specific Acts.
The Constitution of India gave lot of relief to the downtrodden
people mainly the Scheduled Castes and the Scheduled Tribes. The
Constitution abolished untouchability as per its Article-17. Thus what
Gandhiji considered a blot on the Hindu religion was abolished by the
law and not by any other instrument. The Constitution gave the principles
of liberty, equality and fraternity to the people of India. It gave political
reservation as well as reservation in the public services to the members
of the Scheduled Castes and the Scheduled Tribes. Besides many other
measures aimed at ameliorating the conditions of life of these sections
of society were introduced in the Constitution of India.
As promised in the Constitution vide Article-17, the Indian
Parliament enacted the Untouchability (Offences) Act, 1955
The Protection of Civil Rights Act, 1955 (Act N0.22 of 1955)
in fact it is an amendment Act of 1976 of the Untouchability (Offences)
577
Act, 1955.This Act repealed all these 21 Acts which were in force prior
to the enactment this Act to the extent to which they are or any of the
provisions contained therein correspond or are repugnant to this Act or
to any of the provisions contained therein.
The law is in its place and the people behaviour is also in its
place. Despite law, the untouchability is still practiced in all parts of
India including the State of Gujarat. People have confirmed the existence
and practice of untouchability in various forms in Gujarat as under:-

Table N0.8-2
Confirmation about the existence and practice of
Untouchability in various forms in Gujarat.
Sr.N0. Urban Rural Forms of untouchability
1. 43.35% 49.06% Cemetery of Dalits and Caste
Hindus is separate.
2. 30.45% 20.83% Fetch water from separate well/
tap or river banks.
3. 30.46% 12.77% Vendors give victual from
hands high above maintaining
distance to avoid touch of the
Dalits.
4. 40.91% 14.20% Untouchability is practiced on
Special Occasions
Total% 154.17% 96.86% -
The above forms of the untouchability have been confirmed by
the respondents. This shows the extent to which the government is
required to put its efforts to wipe out the curse of the untouchability.
578
These are the forms in which the untouchability is observed in the State
of Gujarat. Now let us see the observance of the untouchability noticed
and confirmed by the respondents which is as under:-

Table N0.8-3
Observance of untouchabililty noticed and confirmed.
Sr.N0. Urban Rural Confirmation
1. 32.66% 5.93% Yes
2. 22.76% 19.71% To some extent
3. 3.03% 3.05% On certain occasions like temple
entry, meeting, at eating places
etc.
Total% 58.45% 28.69% -

Table N0.8-4
The caste-wise confirmation of the untouchability.
Sr.N0. Caste Urban Rural
1. SC 75.9% 50.00%
2. Kshatriya 74.66% 36.27%
3. Patel 58.32% 30.00%
4. Brahmin 52.93% 14.28%
5. Vaishya 38.97% Nil
6. OBC 50.00% 41.66%
Average% - 58.46% 28.70%

Thus, all Castes and the Varnas have confirmed

the prevalence of the untouchability in Gujarat to above extent. The
579
existence of untouchability means violations of the human rights of the
Dalits on such a massive scale in Gujarat. In fact the untouchability is
more prevalent in rural area than in the urban area despite that the picture
emerged shows the observance of percentage of untouchability in rural
area is less. The main reason for this is the higher awareness of the rural
people about “The Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989” and overcautious as they are and thinking that
this study itself will entail some penal action against them, it seems,
they might not have frankly admitted the prevalence of the untouchability
in the rural area to the extent the frankness noticeable in admitting the
prevalence of the untouchability in urban area by the urban respondents.
This can be assumed from above facts. The rural people seem to be in
denial mode in this regard.
81.65% and 80.90% respondents respectively from urban and
rural area have supported or agreed with the Gandhiji’s view on the
untouchability that untouchability is a blot on the Hindu society.
72.47% and equal number of respondents i.e. 72.47% respondents
both in urban area and in the rural area believe that the untouchability
and the caste based discrimination of high and low are the social problems.
The Sociology says that any problem is problem only if people believe it
to be a problem.
48.54% and 78.34% respondents respectively are aware that the
Constitution of India has abolished untouchability. Here again the
Constitutional awareness on the part of the rural people is quite high as
compared to the urban people. This compels us to change our view
about the rural people which we normally hold that the rural people are
less aware about the knowledge of law than the urban people.
580
 29.30% urban respondents and 10.80% rural respondents have
stated that the Constitution of India have not abolished untouchability.
Here again the ignorance on the part of the urban people is thrice more
than the rural people. In this ignorance bracket even one very high ranking
IPS officer holding the post of Commissioner of Police is also there
which is quite surprising and shocking as well. 16.44 % urban and
06.08% rural respondents have stated that they do not know anything
about this and here also the ignorance of law is higher on the part of the
urban people as compared to the rural people.
5.68% and 4.75% respondents respectively from the urban and
rural areas have opined that they cannot say anything about this matter.
Here again the ignorance on the part of the urban people is higher than
the rural people.
As far as the orthodox beliefs are concerned, the rural people
appear more modern than the urban people. See this analysis. In a answer
to a question that what actually happens if a low caste person touches or
accidentally comes in touch with a person of a high caste, 9.98 % and
1.66% respondents respectively from urban and rural area said that the
Caste Hindu gets impious and stands desecrated. Here also the percentage
of urban people having such obnoxious thinking is much higher than
the rural people. Thus six times more urban people are having such
obsolete ideas as compared to the rural people.
Only 5.45% urban respondents believe that such person who is
touched by a Dalit gets sin in his life. Again it is the height of absurdity
that only urban people think like this and none from the rural area believes
in such obnoxious proposition. 2.19% and 1.38% respondents
respectively from urban and rural areas believe that touch of a Dalit to a
581
Caste Hindu incurs heavenly wrath and displeasure. Again the rural people
are more modern in this regard as compared to the urban people. 3.49%
respondents from urban area believe that all above will happen due to
the touch or accidentally coming in touch with a Dalit to the Caste
Hindus whereas none from the rural area respondents believes so. 4.95%
respondents from urban area and 7.50% respondents from rural area
believe that the touch of a Dalit pollutes caste Hindus. 9.98% and
1.66% respondents respectively from urban area and rural areas believe
that caste Hindus become impious and desecrated by the mere touch of
a Dalit. 86.23% and 89.44% respondents respectively from urban and
rural areas believe that nothing from above will happen by the touch of
Dalit to the Caste Hindu. Here also the percentage of people having
such positive and modern thinking is higher in the rural people than in
the urban people. Thus it is found that the rural people’s thinking is
more rational than the urban people’s and this is against the popularly
held belief by the general public.
Again the mindset of the rural people appears quite appreciable
when they adopted remedies against the pollution caused to them by the
touch of a Dalit. The following analysis proves that the rural people are
better off so far such caste based blind beliefs are concerned as compared
to the urban people. 33.12 % and 30.02 % respondents respectively
from urban and rural areas stated that water was sprinkled on them by
their parents or others to purify them from the touch of a Dalit. Here
again such blind belief seems to be higher in urban area than in the rural
area.
7.34% and 1.51% respondents respectively from urban and rural
areas have stated that they touched Muslim to become pure again from
582
the touch of a Dalit. Here again almost five times more urban people
had such outrageous view as compared to the rural people. 24.13% and
16.92% Caste Hindus respectively from urban and rural areas adopted
other remedy to wipe out the pollution caused to them by the mere
touch of a Dalit. Here again the urban people had adopted higher
percentage of these other remedies than the rural people. This suggests
that the rural people are quite advanced in their social thinking as
compared to the urban people. This is quite disappointing to the social
thinkers, social reformers and the agencies connected with social reforms.
24.69% and 36.36% respondents respectively from urban and rural areas
stated that they had done nothing after the touch of the Dalits. In this
aspect also the rural people are ahead of the urban people by 11.67%.
This analysis and conclusion may baffle the experts who till now believed
that the urban people are having modern thinking and positive attitudes
in life because of higher education, urbanization, industrialization and
higher impact of the electronic and print media on urban life.
If we see it with Dalits’ point of view then we found that the
Dalits always feel that they are tolerated but not accepted by the caste
Hindu society. The following are the observations made with data
collected:-
10.18% and 12.39% Caste Hindus respectively from urban and
rural areas are not willing to accept the Dalits at all on any occasions.
This is the clear cut case of non-acceptance of the Dalits. 5.71% and
0.49% (1.96% Brahmin only opposes from rural area) from urban and
rural areas respectively stated that the Dalits are not at all acceptable
even in the bus, train, public garden, toilet, public urinal, even on
occasional coming in contact or seating together, in all these the Dalits
583
are not acceptable. This is the height of inhumanity that an entire caste
or race is totally condemned in this manner which shows that the Dalits
are treated worse than even the animals. This is called the theory of
exclusion of the Dalits from the main stream of Hindu life even though
the Dalits are part of the same religion. 11.45% and 0.39 (1.96 %
Brahmin only) Caste Hindus respectively from urban and rural areas
have hesitatingly stated that the Dalits are acceptable to them if there is
no other way out. This means that if there is some way out to exclude
the Dalits they will immediately go for that option and will not accept
the Dalits. If there is any escape route for not accepting the Dalits, well
they will escape through that route but would not accept the Dalits.
23.00% and 14.85% Caste Hindus respectively from the urban and rural
areas have specifically stated that they do not want to accept Dalits on
the occasions like Garba, mourning, Cultural programme etc. Thus total
50.34% and 28.12 % Caste Hindus respectively from the urban and
rural areas have stated firmly that the Dalits are not acceptable to them.
Here again it can be seen that the rural people are more liberal than the
urban people. But as has been rightly said in a proverb that there is
always a silver line in the clouds, like that a silver line in this is that
67.5% and 100.00% OBCs respectively from urban and rural areas have
stated that the Dalits are acceptable to them in all matters. Here again
you can see the difference in the attitudes of the urban and rural people
as 100% rural respondents have expressed their preparedness for the
acceptance of the Dalits but the same is not the case in urban area.
Similarly 60.00% and 90.00% Patels respectively from the urban and
rural areas have stated that the Dalits are acceptable to them in all respects.
Here again liberal-mindedness of the rural people is visible looking to
584
the high 90% of the rural Patels’ readiness for the acceptance of the
Dalits. The other Castes have shown partial acceptance of the Dalits.
The Brahmins have expressed partial readiness for the acceptance of the
Dalits in the matters relating to religious functions, eating together and
the Garba. The Kshatriyas have expressed readiness to accept Dalits only
on the occasion of eating and marriage functions. The Vaishyas have
expressed their preparedness for the acceptance of the Dalits only on the
occasion of marriage and not on any other social occasions.
Out of the Dalits and the Adivasis, whom do you have no
objection to accept was the question posed to the respondents. Instead
of giving answer by making a choice of either of the two, 15.50% and
16.65% respondents respectively from the urban and rural areas have
asserted firmly that they do not want to accept any of them. They rejected
both, the Dalits and the Adivasis. In urban area the Scheduled Caste is
more acceptable than the Adivisis and in rural area Adiviasis are more
acceptable than the Scheduled Castes. In urban area 7.83% Caste Hindus
prefer Dalits over Adivasis whereas not a single Caste Hindu prefers
Dalits in the rural area whereas 6.81% Adivasis are preferred in urban
area also and 6.18% Adivasis are preferred in rural area also. On an
average the Adivasis are preferred more than the Dalits. The reason may
be that the untouchability is attached with the Dalits but same is not the
case with the Adivasis.
69.83% and 77.13% Caste Hindus respectively from the urban
and rural area stated that they prefer both the Scheduled Castes and the
Scheduled Tribes. Again the extent of understanding seems to be higher
in rural people than the urban people as more rural people as compared
to urban people prefer the Scheduled Castes and the Scheduled Tribes.
585
 Opposition to Dalits:-
23.70% and 45.27% Caste Hindus respectively from urban and
rural areas have objection if a Dalit boy weds a Caste Hindu girl. Vice
versa is also objected to by the Caste Hindus. 22.55% and 27.63%
Caste Hindus respectively from urban and rural areas have objection if
a Caste Hindu boy weds a Dalit girl. 11.23% and 10.17% Caste Hindus
respectively from urban and rural area have objection in both the above
events of marriage. 9.30% and 5.08% Caste Hindus respectively from
urban and rural areas have objection if a Dalit resides in the Caste Hindu
area or society. 8.30% and 5.00% Caste Hindus respectively from urban
and rural areas have objection if Dalit buries/cremates his dead near and
dear one in a Caste Hindu crematorium. 6.32 % and 3.33% Caste Hindus
respectively from urban and rural areas have objection if a Dalit girl
participates in a Caste Hindu Garba in village or city. 8.64% and 8.00%
Caste Hindus respectively from urban and rural areas have objection if
Caste Hindus and Dalit participate in a community meals. 9.19% and
5.15% Caste Hindus respectively from urban and rural areas have
objection if a Dalit enters in their houses. 12.19% and 6.18% Caste
Hindus respectively from urban and rural areas have objection if a Dalit
enters into the kitchen of the Caste Hindus. 5.85% and 3.33% Caste
Hindus respectively from urban and rural areas have objection if a Dalit
enters into a temple. Higher objection is there in the case of the entry of
the Dalit into the Sanctum sanctorum of the temple. 6.12 % and 6.18%
Caste Hindus respectively from the urban and rural areas have objection
if a Dalit enters into the Sanctum Sanctorum of the temple. One surprising
and unfounded objection is also there on the part of the Caste Hindus.
6.00% and 3.33% Caste Hindus respectively from urban and rural areas
586
have objection if a Dalit gets good/high job/service. In fact this is a
strange objection on the part of the Caste Hindus. 6.48% and 3.33%
Caste Hindus respectively from urban and rural areas stated that they
have objection in all the above matters.

Participation:-
80.31% and 87.42% Caste Hindus respectively from urban and
rural areas have stated that they had participated in the social functions
of the Dalits like birthday, marriage, death, Barmu, Bhojan, Bhajan,
party etc. 50.13% and 66.85% Caste Hindus respectively from urban
and rural areas have stated that sometimes they had participated in the
Dalits’ social functions whereas 30.25% and 20.65% Caste Hindus
respectively from urban and rural areas have stated that many times they
had participated in the social functions of the Dalits. 13.42% and 8.63%
Caste Hindus respectively from the urban and rural areas have stated
that they had never participated in the Dalits’ social functions. The
reasons for not participating in the Dalits’ social functions are also
furnished by the Brahmins and the Vaishyas. 2.53% Brahmins and 1.69%
Vaishyas both from urban area have stated that they had not participated
in the Dalits’ social functions because attending such Dalits’ social
functions adversely affects their social status and prestige.

Exclusion of Dalits:-
On a question whether they had ever invited any Dalit to their
social functions, the Caste Hindus’ responses are as under:-
22.41% and 5.33% Caste Hindus respectively from urban and
rural areas stated that they had never invited any Dalit to their social
587
functions. 3.87% and 6.67% Caste Hindus respectively from urban and
rural areas have stated that the Dalits cannot be called or invited as it
lowers their social prestige. 6.44% and 6.85% Caste Hindus respectively
from urban and rural area stated that the Dalits were not invited in our
social functions but they were subsequently called after the functions
were over to collect the left over. 61.64% and 50.97% Caste Hindus
respectively from the urban and rural areas have stated that they had
invited Dalits to their social occasions once only. 3.90 % and 13.85%
Caste Hindus respectively from urban and the rural area stated that they
had invited the Dalits to their social functions many times whereas bare
minimum 0.75% and 3.38% Caste Hindus respectively from urban and
the rural areas have stated that they had always invited the Dalits on
their social functions.
The total of (1) Always invited, (2) many times invited and (3)
Once invited is 66.29% in urban area and 68.3% in rural areas and
invited as “Gharak” is 6.44% and 6.85% respectively in urban and rural
areas. Thus the theory of total exclusion is not at work but the theory of
exclusion cannot be ruled out altogether. It is evidently there and is
noticeable in analysis as mentioned above.
The responses of the people especially the Caste Hindus whether
they would like their children in schools or elsewhere sitting together
and taking their meals with the Dalits’ children were solicited to know
their mindset about the caste based discrimination practiced in the mid-
day meals programmes in the schools. 81.56% and 91.55% Caste Hindus
from urban and rural areas respectively gave affirmative responses stating
that it gives birth to social cohesion and equality. Here also the rural
people are ahead of the urban people. Here the theory of exclusion again
588
plays a role when 12.63% and 6.67% Caste Hindus respectively have
said “N0” stating that it leads to bad culture in their children. This can
be termed as theory of exclusion from the nascent stage. Here again the
rural people are better placed as their percentage in this regard is just
negligible as compared to the urban people. The theory of pollution has
not yet died completely as 1.39% and 1.66% Caste Hindus respectively
from urban and rural areas have stated that this inter-dinning by the
children in school will pollute our children. Again the theory of exclusion
comes in the picture when 4.40.% and 00.00% Caste Hindus respectively
from urban and rural areas believe that their children will go astray in
the bad company of the children of the Dalits due to community meals
in the schools. Here again none believes in this view point from rural
area and there percentage is zero.
The responses of the Caste Hindus whether they would like to give
residential facility to the educated, well placed and cultured Dalits like
Government Officers, employees, teachers, Professors in their village, city
in a Caste Hindu area/Mohalla/pol/society/colony/kasba etc. are as under:-
81.57% and 90.26% Caste Hindus respectively said “Yes” in
this matter. Here again the percentage of the rural people is higher as
compared to the urban people. The theory of exclusion comes when
9.24% and 6.30% Caste Hindus respectively from urban and rural areas
said “N0” in this regard. This means that the Dalits are not acceptable to
them. A very strange response also emerged when 4.44% and 3.48%
Caste Hindus respectively from urban and rural areas opined and stated
that the Dalits are acceptable for housing facility in our area, society
only if they remain our “Yes men/henchman and remain under our
control.” This control may be the age old caste based discriminatory
589
control which they want to exercise over the Dalits even in a free and
democratic country like ours. The height of dislike, hatred and contempt
is noticed in the Caste Hindus when they asserted with all firmness that
even the shadow of the Dalits is not acceptable to them. 1.91% Caste
Hindus from urban area held such dismal view and here again not a
single Caste Hindu from rural area has such obnoxious view that even
the shadow of a Dalit is not acceptable to him. This can be called a
“Peshwa-mentality” of medieval age when in Poona the Peshwas had
put a blanket ban by a State Proclamation that the untouchables should
not come out of their houses before 9.00 AM and after 3.00 PM as
during this period the shadow is longer due to the rising sun and the
setting sun so that the Castes Hindus are not polluted by the touch of the
shadow of the untouchables. It is really horrifying that some Caste Hindus
and that too from urban area are having such outrageous and atrocious
view about the Dalits. This is the pinnacle of the theory of the isolation
and exclusion both. It is more shocking that all the Caste Hindus i.e.
Brahmins, Kshatriyas, Vaishyas and the OBCs are holding such horrifying
view point against the Dalits, who are the part and parcel of the same
Hindu religion.
On a question whether the Caste Hindus would like the
appointment of Dalits who are well-versed in rites and the rituals in
religious places like temples, religious institutions etc., 67.53% and
50.97% Caste Hindus respectively from urban and rural areas gave
affirmative answers. 54.72% and 37.44% Caste Hindus from urban
and rural area also gave affirmative answers for performing such rites
and rituals by Dalits who are knowledgeable and proficient in this
connection on their birth, marriage or on any such other occasion. Only
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29.96 % and19.15% Caste Hindus respectively from urban and rural
area ares in favour of reservation in private industries for the Dalits.
Overall non acceptance of victual by the Caste Hindus from the
Dalit shop owners and the vendors is 89.31% and 67.77% respectively
from urban and rural areas even when the quality of the victual is good
and the same being sold by the Dalits at lesser prices. This is nothing but
the non-acceptance and exclusion of the Dalits by the Caste Hindus due
to caste discrimination and untouchability. 13.95% and 5.81% Caste
Hindus have stated that they do not have any type of relationship with
the Dalits. This is the operation of theory of exclusion to its highest
extent as these Caste Hindus are concerned.

Social change:-
62.80% and 67.89% respondents respectively from urban and
rural areas believe that change must come in the society. Thus majority
of people does not want a static and stagnated society and therefore they
welcome the change in the society, but how social change should be
brought about is a very important matter. 40.62 % and 38.22%
respondents respectively from urban and rural area felt that the change
should be brought about by the social reformers. 32.02% and 44.71%
respondents from urban and rural area felt that the change should be
brought about by the News papers and T.V. Channels (by the Media).
22.48% and 26.19% respondents respectively from urban and rural areas
felt that the change should be brought by the Saints, Sadhus, Mahants,
Rishis, Munis, Kathakars, Bhajnicks and others like them and lastly
21.31% and 12.62% respondents respectively from urban and rural areas

591
stated that the change should be brought about by medium of law, by
using law as an instrument of social change.
85.22% and 85.83% respondents respectively believe that people
advance in life due to their own intelligence. This negates the theory of
fatalism and good deeds of the previous life as propagated in the Hindu
scriptures.
It seems, on the basis of this study that to some extent now people
have changed their belief about low and high profession and the stigma
attached to the so called low occupations as 30.88% and 14.98%
respondents respectively from urban and rural areas have shown readiness
to do the scavenging work. Caste-wise such preparedness is as under:-
37.25% and 14.28% Brahmins respectively from the urban and
rural areas have shown their readiness to do the scavenging work.
Similarly 29.11% and 27.27% Kshatriyas respectively from urban and
rural areas are prepared to do the scavenging work. 26.25% and 8.33%
OBCs respectively from urban and rural areas have shown their
willingness to do the scavenging work. The economically very powerful
Patels 23.33% and 40.00% respectively from urban and rural areas have
also shown their preparedness to do the scavenging work. 22.03% and
Nil% Vaishyas have shown their readiness to do the scavenging work.
This indicates that the people are now giving up all sorts of inhibitions
so far as various occupations including the occupations hither to been
held as low occupations.
57.00% and 62.88% people respectively from urban and rural
areas stated that the various types of assistance/help given by the
Government to the members of the Scheduled Castes and the Scheduled
Tribes should be continued.
592
 Confirmation of injustice done to the Dalits:-
45.63% and 50.33% respondents respectively from urban and
rural areas stated that lot of injustice has been done to the Dalits and the
Adivasis for centuries in India. Average percentage of injustice done to
the Dalits and the Adivasis comes to 88.09% and 96.19% in urban and
rural area respectively as confirmed by all the respondents of this study.
This includes category of injustice done prior to independence and the
category of negligible injustice done to the Dalits and the Adivasis.

Social leadership:-
A quite unexpected result has come from analysis of the responses
of the people about the social leadership which is as under:-
42.97% and 39.95% respondentsd respectively believe that the
social leadership should be in the hands of the elected representatives of
the people. This is surprising because day in and day out there are media
reports about the corruption indulged in by the elected representatives
of the people and all sorts of nepotism and acts of hooliganism indulged
in by them in the houses of Parliament and the State Legislatures
throughout the country and almost all generally have loathsome attitude
towards the politicians. Another big surprise the analysis offers in this
study is this that next place after the elected representatives of the people
is given to the Dalits. 33.96% and 31.80% respondents respectively
from urban and rural areas have stated that the social leadership should
be in the hands of the Dalits, and they have further stated that they have
no objection in it, if the Dalits are competent in all aspects. 14.49% and
11.13% respondents respectively felt that the social leadership should
be in the hands of society’s high Caste people whereas at the bottom
593
comes the category of the Saints and Mahants. Only just 7.64% and
23.90% respondents respectively from urban and rural areas stated that
the social leadership should be in the hands of the Saints and the Mahants.
Why such a low category and the last preference is accorded to the
otherwise highly revered and respected class of people has also its own
social message. This is a question of social leadership and not political
leadership and therefore the Saints and Mahants should have been
favourites of the people but the analysis proves that they are not enjoying
the faith of the people to the extent the elected representatives and the
Dalits are enjoying. This analysis should be a “wake up” call for the
Saints and the Mahants.

About the Scheduled Castes and the Scheduled

Tribes(Prevention of Atrocities)Act,1989:-
77.07% and 93.19% respondents respectively from urban and
rural area stated that the ill-treatment against the Dalits has been reduced
due to this Act. Thus the necessity of the Act in question has been accepted.
64.49% and 64.52% respondents respectively from urban and rural area
have stated that Dalits’ and Adivasis’ honour is properly protected by
this Act. 32.99% and 34.12% respondents respectively from urban and
rural area have stated that besides the protection of the honour of the
Dalits and the Adivasis, adequate protection is available for property
and for all social disabilities. 36.75% and 41.22% respondents
respectively from urban and rural area stated that police is compelled to
play a positive role in social change.

594
 The alleged misuse of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989:-
There is wide range of allegations that the said Act is misused by
the Dalits and by the Adivasis against the non-Dalits and non-Adivasis
but this is not proved in this study as 98.74% and 100.00% respondents
respectively from urban and rural areas stated that no complaints against
them had ever been made by anyone under “The Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989.” Only 1.25%
respondents from urban area stated that complaints against them under
this Act had been made but on further analytical examination, their claims
are found false as no details are furnished by them about the cases
allegedly made out under the said Act against them. Therefore, the 1.25%
respondents’ claim about the complaints is totally incorrect and
misleading. Thus the study proves that “The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989” is not misused
at all as generally alleged. This is respondents’ confirmation and therefore
the hue and cry raised about the Act by certain vested groups proved
groundless, baseless and misleading, aimed at achieving some
mischievous purposes.
39.90% and 33.01% respondents respectively from urban and
rural areas stated that social change has come due to this Act and hence
it must be continued and strictly enforced. 18.73% and 24.03%
respondents respectively from urban and rural areas stated that Dalits
get social justice due to this Act. 18.18% and 13.47% respondents
respectively from urban and rural areas stated that Dalits are effectively
protected due to this Act. The summary of positive responses from the
people about this Act is as under:-
595
 Table N0.8-5
Summary of positive responses about “The Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act.1989.”
Sr.N0. Urban Rural Responses
1. 30.90% 33.01% Social change has come due to
this Act and hence it must be
continued and strictly enforced.
2. 18.73% 24.03% Dalits get social justice due to this
Act.
3. 18.18% 13.47% Dalits are effectively protected
due this Act.
4. 11.97% 30.00% This Act is more strict & severe.
(Act has to be like that only.)
Total% 79.78% 100.51% --

Thus it can be seen that there are number of positive aspects of

the Act which have been taken note of by the people and appreciated in
various manners mentioned above and mentioned appropriately
everywhere in this research study.

Suggestions:-
On the basis of data collected we can conclude that there are
some defects in the law relating to the atrocity i.e. “The Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989” and the
Rules made there under. The defects noticed make the law relating to
the atrocities lame and lackadaisical which requires prompt rectification
to make the law effective to combat the ills arising due to the practice of
596
untouchability, caste-based discrimination, mainly of high and low and
plethora of other such discriminations and numerous other social
disabilities. With data analysis, observations and long public service,
Scholar felt not only to give suggestions but also recommend certain
modifications in aspects of existing Act, for improvement of legal system
and to implement the Act successfully and positively. The same are as under:-
1. The first and foremost suggestion is to amend S.3(1)(x) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 which is as under:-
“S.3. Punishment for offences of atrocities.-(1) Whoever, not being
a member of a Scheduled Caste or a Scheduled Tribe,-
(x) intentionally insults or intimidates with intent to humiliate a
member of a Scheduled Caste or a Scheduled Tribe in any place
within public view;”
In almost no Indian law such words “within public View” are used
except the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989 which are not only unnecessary but also
harmful to the interests of the victims of the atrocities. It is learnt
that one Superintendent of Police (S.P.) of a district in Gujarat
ordered his subordinate police officers to close down large number
of atrocity related cases because the atrocities, as interpreted by
him were not committed “Within public view.” Such a provision
frustrates the very spirit of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989. The Superintendent of
Police (S.P.) probably might have contemplated that “within public
view” means public must be physically present there and watching
the crimes of atrocity being committed by the accused on the victim.
597
 Such provision also gives immunity and impunity both to the wrong-
doers as the perpetrators of the crimes under this Act may
intentionally insult or intimidate with intent to humiliate a member
of a Scheduled Caste or a Scheduled Tribe in any place like his
Office, Chamber, farm house, ware -house, garden, factory premises
etc. taking care to ensure that this is not seen by any one and hence
no offence under the said Act can be made out. It is surprising that
such a provision “within public view” is not there so far as heinous
crimes like murder, dacoity, robbery, kidnapping, rape etc. are
concerned then why such provision is inserted in this Act is not
understandable at all.
So the suggestion is to delete “within public view” words from S.3
(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989
2. The Protection of Civil Rights, Act, 1955 contains various
provisions regarding the caste based social disabilities, religious
disabilities and other disabilities. There is widely spread belief that
after the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 came into force, the Protection of Civil Rights
Act, 1955 stands repealed by the said Act but this is in fact not
correct as the Protection of Civil Rights Act, 1955 also continues
to be in force and is required to be enforced but due to such mistake
on the part of the police and other agencies, this Act of 1955 has
almost became redundant and forgotten. It is therefore suggested
that all disabilities based on caste should be made atrocity offences
and all the provisions of the Protection of Civil Rights Act, 1955
should in toto, be amalgamated in the Scheduled Castes and the
598
 Scheduled Tribes (Prevention of Atrocities) Act, 1989 and there
should be one single law to deal with all sorts of injustice meted
out to the Scheduled Castes and the Scheduled Tribes. It will remove
all the misunderstanding and dichotomy if this is done. This will
create uniform and unified legal structure on the subject of atrocity
which will be stronger than the present one.
3. Most of the IAS and IPS officers do not have proper knowledge
about the said Acts and hence for them, as they are the main
authorities connected with the implementation of these legislations,
in their main departmental examinations a full one hundred marks
special paper should be included and the passing standard in the
same should be the minimum 60% marks so that they study these
laws carefully and implement them properly. Similarly in the
curriculum of departmental examinations of all the police officials
of all the ranks and the revenue officials of all the ranks, Paper on
these laws should be included and it should be made mandatory to
pass departmental examination with this subject and then only they
will be confirmed in the their service and will be eligible for their
annual increment.
4. No definition is laid down of the “Atrocity” in The Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 and hence the word “Atrocity” must be defined and the scope
of atrocity should be enlarged to accommodate all offences under
the Protection of the Civil Rights Act,1955 and even other
disabilities not covered in the said Act too should be included. The
scholar would like to give a provisional definition of the offence
of “Atrocity” as under:-
599
 “Atrocity” means and includes any act of a member of a
non-Scheduled caste or a non-Scheduled Tribe against the
member of a Scheduled Caste or a member of a Scheduled
Tribe involving any Caste/Tribe based insults, humiliation,
discrimination, deprivation, compulsion, acts and omissions
connected therewith, social, religious and cultural disabilities
exercised against any member the Scheduled Caste or the
member of the Scheduled Tribe, with or without intention,
which involves practice of any untouchability in any form and
manner at any place within the territory of India and it also
includes all offences under the Protection of the Civil Rights
Act, 1955.”
5. Only limited matters are at present included in the offences of the
atrocity, just only 15 types of atrocities are mentioned in Section
3(1) and 7 types of atrocities are mentioned in Section 3(2) of the
said Act. Thus only 22 types of conduct on the part of the Caste
Hindus are considered to be atrocity. This is very limited scope of
the law and hence it should be enlarged including other disabilities
also which are mentioned in the subsequent suggestions.
6. The injustice in service matters like not filling up all vacancies of
backlog should also be included as an offence of atrocity.
7. Denial of promotion to the members of the Scheduled Castes and
the Scheduled Tribes on flimsy ground due to caste hatred too should
be made an offence of atrocity..
8. Not abiding by the provisions of the Act and Rules should also be
made an offence of the atrocity.

600
9. Non utilization of funds meant for the members of the Scheduled
Castes and the Scheduled Tribes and utilization of the said funds
elsewhere should also be made an offence of atrocity.
10. The punishment prescribed under the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not only
inadequate but surprising also. For example, same type of
punishment is there for 15 different types of offences narrated in
S.3 (1) of the said Act. Same punishment is there in a case in which
a Scheduled Caste person is made to eat human excreta or he is
simply insulted. The punishment in the former should naturally be
more stringent and very high than the latter. The punishment of all
the 15 offences prescribed is as under:-
“Shall be punished with imprisonment for a term which shall
not be less than six months but which may extend to five years and
with fine.”
In fact if a woman belonging to a Scheduled Caste or a
Scheduled Tribe is disrobed and paraded naked, then the punishment
should not be less than life imprisonment as frequently Dalits women
and girls are stripped naked and paraded in the streets and on the
public roads in a broad day light and the perpetrators of this heinous
crime do not at all bother for the law. Exemplary punishment is
needed in this regard and the punishment for stripping naked a
woman and verbally insulting a member of scheduled Caste or the
Scheduled Tribe cannot and should not be the same by any logic,
reason or yardstick.
11. There should be provision in the said Act itself that if the
involvement in negligence of duty or in any other offence under
601
 this Act of the Chief Minister of the State, Concerned Minister, the
Chief Secretary and other Secretary level Officers or the Director
General of Police ( D.G.P.) of the State is there, automatic the
registration and the investigation of the case should be taken over
by the Central Bureau of Investigation (CBI) as no local police will
be able to do anything in such cases due to local political influence
and pressure. In such cases there shall be no need for the Central
Bureau of Investigation (CBI) to obtain permission from any
quarters.
12. The President of India should declare all the “identified area” as
“Scheduled Area” so that externment proceedings by the Judicial
Magistrates can be done.
13. The attitude of the court also requires to be changed as many courts
in India dismissed/discharged the cases of atrocities because the
investigation was not done by the Deputy Superintendent of police
(Dy.S.P.). The Cases of atrocities are not independent and only
containing the offences under the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 but along
with the offences under the above Act, offences of Indian Penal
Code (IPC)are also there and therefore the Courts cannot take the
plea that as the case is not investigated by Deputy Superintendent
of Police (Dy.S.P.), the case of a Dalit or an Adivasi can be thrown
in the dustbin i.e. dismissed or discharged. The Court is duty bound
to give justice in the offences under the Indian Penal Code (IPC).
Supposed a Dalit is abused and stabbed in the stomach with a knife
by a Caste Hindu, then there will be Section 3 (2)(v) of the Scheduled

602
 Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
along with section 326 (Voluntarily causing grievous hurt by
dangerous weapons or means)of the Indian Penal Code (IPC) for
which the punishment is life imprisonment or with imprisonment
of either description for a term which may extend to ten years and
shall also be liable to fine. The Dalits and Adivasis are at present
being denied justice by the Courts by such attitude. This practice is
required to be stopped at once by the Chief Justice of India by issuing
suitable administrative instructions to all Courts in the country.
The Indian Penal Code (IPC) offences can be investigated by any
officer of the police Department not below the rank of a Head
Constable. This is quite queer situation in which for the omission
of the police, the victims of atrocities are penalized by refusing
justice to them. It is alright if you do not want to give justice to the
SCs/STs for the lapse on the part of the police department under the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 but at least give them justice in the offences
under the Indian Penal Code (IPC) as you are already giving justice
to the Caste Hindus under the Indian Penal Code (IPC) then why do
you deprive the downtrodden people from justice which they
lawfully deserve and are eligible for the same?
14. All courts in the country are required to be administratively
instructed by the Chief Justice of India that the cases of atrocities
cannot be discharged merely on the ground that the case is not charge-
sheeted by the police within 30 days. The victims cannot be penalized
for the fault of the police.

603
15. Some courts are immediately releasing the accused on bail,
immediately on submission of charge-sheet by the police to the
court. This practice too should be discouraged by the active
intervention in the matter by the Chief Justice of India through
administrative order.
16. If the charge-sheet is not submitted by the police within 30 days,
then also the courts bail out the accused. This practice should also
be discontinued by the positive intervention of the Supreme Court.
17. Up till now the courts were demanding the Caste Certificate of the
Scheduled Caste and the Scheduled Tribe. Even on production of
the same, the courts used to dismiss the cases of the atrocity but
now the courts have gone a step further and have started asking for
the Caste Certificate of the Caste Hindus like Brahmin, Kshatriya
and the Vaishya. Now the question arises as to from where these
Caste Certificates can be obtained as the Government has not
appointed any officers for issuing Caste Certificate to the high Caste
Hindus as they do not need it. Despite that a new demand is being
placed by the judiciary in order to frustrate the cases of atrocity in
the courts and finally discharge them for want of adequate and
sufficient evidence. Suppose a Darbar(Kshatriya) is an accused. He
gives statement before the police that he is a Darbar(Kshatriya).
Then he gives statement before the Court on oath that he is a
Dabar(Kshatriya). Nobody in the entire judicial proceedings contests
his claim of being a Darbar(Kshatriya). This is sufficient proof of
his caste and no further evidence is required. Previously the same
courts used to convict the accused without asking for the Caste

604
 Certificate of the high Caste Hindus and then all of a sudden why
the courts have started asking for the Caste Certificates of the high
Caste Hindus is a million dollar question.
Again the suggestion is intervention of the Supreme Court to set
right the lower judiciary by appropriate administrative order on
uniform pattern throughout the country.
18. Then the courts dismiss the case of the atrocity on the ground that
the Deputy Superintendent of Police ( Dy.S.P.) was not appointed
to investigate the case even though the case might have been fully
investigated by the Deputyu Superintendent of Police.(DY.S.P.) Till
now they were not dismissing the atrocity case like this but recently
they have started doing this . This can also be corrected only by the
intervention of the Apex court and the same is hereby suggested in
the benefit of the victims and in the interest of the justice.
19. As per Section-18 of the said Act, anticipatory bail to the accused
of atrocity case cannot be granted despite that the lower courts and
even the High Courts have granted anticipatory bails violating the
established law of the land. Suggestion is this that the Supreme
Court must intervene in the matter and correct the rot in the system.
20. The said Act vide Section-17 (1) has authorized the District
Magistrate, Sub-Divisional Magistrate,(DM/SDM)/Executive
Magistrate/Deputy Superintendent of Police (DY.S.P.) to declare
area as atrocity prone and take preventive measures but this provision
is subject to Section- 17(3) where the State Government is required
to issue notification in the Official Gazette, make one or more
schemes specifying the manner in which the officers referred to in

605
 sub-section (1) shall take appropriate action specified in such scheme
or schemes to prevent atrocities and to restore the feeling of security
amongst the members of the Scheduled Castes and the Scheduled
Tribes. In Gujarat such notification by the State Government is never
issued and hence the officers mentioned in Section-17(1) are not in
a position to declare an area as atrocity prone area and take
preventive action as stipulated in Section -17(2) of the Act. This is
not done even after 20 years since the enactment of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989. In fact Section-4 of the Said Act is attracted in this regard but
again who will bell the cat?
21. So many Non-Governmental Organizations (N.G.Os.) are doing so
many different works. Even they take care of the animals but hardly
there is any N.G.O. which is doing the work of abolition of the
untouchability and removal of the caste based discrimination and
disabilities. It is suggested that in India whoever wants to start an
N.G.O. must by law be mandated to do at least a part of this gigantic
work in the interests of the unity of the nation.
22. Regular Refresher Courses should be conducted for Police,
Prosecutors, Lawyers, Doctors, Judges, Magistrates and all the
Sarpanchs, Taluka and District Panchayat Presidents and the Mayors
of all cities for creating awareness about “The Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act,1989” and
“The Protection of Civil Rights Act, 1955” and to impress upon
them how crucial these legislations are, not only for the Scheduled
Castes and the Scheduled Tribes but also for the unity and integrity

606
 of the nation and further exhort them to pay committed attention to
the problems faced by the downtrodden people due to the caste
based disabilities and prevalence of untouchability in their areas
and the concrete measures they are supposed to undertake in this
regard.
23. Under the said Act the property of the offenders can be attached and
the property of the convict can be forfeited. But it seems that there
is not even a single case of attachment of property or forfeiture of
property respectively of the offenders and the convicts in the State
of Gujarat since the said Act came into being.
24. Both the rates i.e. high rate of acquittal and the low rate of conviction
are required to be improved and all the persons responsible for this
mess must be proceeded against appropriately.
25. The 50% victims of the atrocities do not lodge complaints and
85% complaints are not registered by the police. Strong measures
are needed to be taken against police for non-registration of such
large number of complaints of the Scheduled Castes and the
Scheduled Tribes.
26. The Act is not compete in itself and requires so many amendments
in it and many have been suggested as above.
27. A separate provision is required to be made in this Act to the effect
that S.193 of the Code of Criminal Procedure, 1973 shall not be
applicable to this Act and that the charge-sheet by the police can be
directly filed in the Court of Sessions and the committal proceedings
by the Magistrates should be done away with so that the delay in
prosecution can be effectively curtailed. There was such a provision

607
 in the POTA Act (The Prevention of Terrorist Activities Act) earlier
which enabled the police to file charge-sheet directly before the
Sessions Judges i.e. the Designated Court.
28. A very strong public movement against the evil of untouchability
and the caste based discrimination is required to be launched both
by the Government and by the various N.G.O.
29. In cases where the Special Courts have awarded inadequate sentences,
there should be mandatory provision in the law enjoining upon the
State Government to file appeal against such inadequate sentence
under the said Act.
30. Economic exploitation of the members of the Scheduled Castes
and the Scheduled Tribes in any form and mode should be made an
offence of the atrocity.
31. False implication of a member of the Scheduled Caste or the
Scheduled Tribe should be made an offence of atrocity.
32. Consistent and persistent publicity about the provisions of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 should be done through Doordarshan and
other public media like Radio broadcasting, newspapers, street play,
puppet shows etc. which may be quite helpful in eradication of the
atrocities on the members of the Scheduled Castes and the Scheduled
Tribes.
33. All adverse and derogatory remarks against the SCs/STs contained
in the scriptures like the Ramayan, the Purans and Smrutis etc. should
be expunged on the grounds of the repugnancy with the
Constitutional and legal ethos which will ultimately be beneficial

608
 for eradication of untouchability and atrocities on the members of
the SCs/STs in due course of time.
34. Provisions should be made in the Act itself that no political party
can issue any whip in the concerned Legislatures if the matter under
discussion or for voting is concerning atrocities on the members of
SCs/STs.
35. Provisions should be made in the Act itself for deletion or
expunction of anti-SCs/STs literature and for putting a ban on the
books, pamphlets, brochure , leaflets, journals, periodicals etc. which
spread any malicious anti SCs/STs propaganda.
36. The National Commission for the Scheduled Castes and the National
Commission for the Scheduled Tribes should regularly submit their
Annual Reports to the Government of India and the Government of
India should place such reports on the table of the Parliament within
a month from the date of submissio of such reports to it. Non-
compliance of this provision should be made a cognizable offence
of atrocity.
37. The compensation amount given to the victims of the atrocities
should be enhanced from time to time as the Dearness Allowance
(D.A.) of the Government servants and other groups who take such
benefits is enhanced from time to time. The rates of compensation
for the victims of the atrocities have remained static for last so
many years.
38. The Hindus in large number migrate from India and go to various
countries of the world. Even in foreign countries also they carry
caste, untouchability and caste based concept of high and low and
discrimination based on it, alongwith them and hence it is suggested
609
 that “The Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities)Act,1989” should be converted into an International
Law and the United Nations Organization (UN0) should play a
positive role in this direction at an early date.
39. In the Universal Human Rights Declaration of the United Nations
Organization (UN0), the “Caste” should be added alongwith the
“Race” wherever it is existing there at present in the said International
Document on Human Rights and the same protection which is given
to the victims of “Racial discrimination” should also be given to
the victims of the “Caste based discrimination” anywhere in the
world.
40. The Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act,1989 should be made applicable to whole of India
as the Protection of Civil Rights Act,1955. More than 20 years
have passed since the commencement of the Act on 30th January,
1990 yet no efforts seem to have been made to extend this Act to
the State of Jammu & Kashmir.
41. Action should be initiated under Section-4 against public servants,
irrespective of their Status and rank, for neglect of their duties
required to be performed under the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act,1989 and Rules
made thereunder, wherever it is found that the provisions of the Act
and Rules are not enforced by the concerned Public Servants,
required to be enforced by them under this Act.

610
 APPENDIX-1

1. BRAHMIN RESPONDENTS AND THEIR LOCALE

Ahmedabad City (Urban) Number Ahmedabad Rural Number
1. Sabarmati 3 District (Rural)
2. Chandkheda 8
3. Motera 1 1. Aslali 1
4. Gulbai Tekra 1 2. Viramgam Town 1
5. Naroda 5 3. Sanand 1
6. Paldi 2 4. Barwala 1
7. Odhav 5 5. Detroj 1
8. Satellite 1 6. Sarkhej 1
9. Isanpur 1 7. Dhandhuka 1
10. Ghatlodiya 1
11. Navanaroda 3
12. Bopal 2
13. Bapunagar 1
14. SaijpurBogha 2
15. Juna wadaj 1
16. Vejalpur 4
17. Amraiwadi 2
18. Ghodasar 1
19. Vasana 1
20. Khadiya 1
21. Shahibaug 2
22. Unclear 3

Total 51 Total 7

51+7 = 58
611
 APPENDIX-2

1. KSHATRIYA RESPONDENTS AND THEIR LOCALE

Ahmedabad City (Urban) Number Ahmedabad City (Urban) Number
1. Naroda 10 25. Motera 2
2. Chandkheda 9 Sabarmati
3. Saijpur 2 26. Gomtipur 3
4. Bapunagar 1 27. Sabarmati 1
5. Asarwa 1 Visat Petrol pump
6. Vejalpur 1 28. Satyam Flats 1
7. Bodakdev 4 29. Samarpan Flat 1
8. Kathawada Road, 5 Ellisbridge
Naroda 30. Paldi 1
9. Nandan Duplex, 3 31. Odhav 1
Naroda Road 32. Naroda 1
10. Krishnanagar 7 33. Sabarmati 1
11. Noblenagar 1
Sardarnagar Total 79
12. Nava-Naroda 6 Ahmedabad Rural Number
13. Odhav 2 District (Rural)
14. Shahibaug 4 1. Navarangpura 1
15. Ghodasar-Vatva 1 (working in rural area)
16. Danilimda 2 2. Sarkhej 3
17. Jashodanagar 1 3. Bagodara 1
18. Amraiwadi 1 4. Bavla 1
19. Haveli 1 5. Mandal 1
20. Bopal 1 6. Koth(Gangad) 1
21. Satellite 1 7. Bhavla, Ta.Daskroi 1
22. Ellisbridge 1 8. Kharad, Ta. Dhandhuka 1
23. Madhupura 1 9. Bopal 1
24. Sabarmati ‘D’ Cabin 1 Total 11
79+11 = 90
612
 APPENDIX-3

3. VAISHYA RESPONDENTS AND THEIR LOCALE

Ahmedabad City (Urban) Number Ahmedabad Rural Number

1. Naroda 5 District (Rural)
2. Shahibaug 2 1. Rampur 1
3. Ghodasar 1 2. Dhandhuka 1
4. Vejalpur 2
5. Manek Chowk Mandavi-pol 3

6. Naranpura 2
7. Paldi 12
8. Vasana 1
9. Ambawadi 2
10. Saijpur 3
11. Krishnanagar 1
12. Navavadaj 5
13. Bodakdev 1
14. Keshavnagar/Sabarmati 1
15. Memnagar 1
16. Vastrapur 1
17. Sabarmati/Ramnagar 1
18. Maninagar 2
19. Chandkheda 7
20. Shahpur Darwaja 1
21. Dafnala 4
22. Parshwnath Township 1
Naroda
Total 59 Total 2

59+2=61
613
 APPENDIX-4

4. OBCs RESPONDENTS AND THEIR LOCALE

Ahmedabad City (Urban) Number Ahmedabad City (Urban) Number
1. Bapunagar 2 26. Bodakdev 1
2. Naroda 29 27. Jamalpur 1
3. Ghodasar 2 28. Ranip 2
4. Danilimbda 1 29. Kubernagar 1
5. Meghaninagar 2 30. Naroda Road, 1
6. Vejalpur 9 Ashok Mill

7. Paldi 3 Total 80
8. Krishnanagar 3 Ahmedabad Rural Number
9. Saijpur Bogha 3
District (Rural)
10. Subhash Bridge 1
1. Dholka 1
11. Vejalpur 1
2. Barwala 1
12. Shahibaugh 1
3. Bhadiyad 1
13. Asarwa 1
4. Dholera 1
14. Dariapur 1
5. Hansalpur (Mandal) 1
15. Chandkheda 2
6. Manpura, Ta.Mandal 1
16. Dabgarwad 1
7. Bagodara 1
17. Gomtipur 1
8. Mandal, Ta. Viramgam 1
18. Ellisbridge 3
9. Mota Goraiya 1
19. Nava Wadaj 1
10. Lilejpur, Ta.Dholka 1
20. Bhuyangdev 1
11. Rampur 1
21. Uni. Hostel 2
12. Koth (Gangad),
22. Ambawadi 1
Ta.Dholka 1
23. Maninagar 1
24. Chandlodiya 1
Total 12
25. Khokhara 1

80+12=92
614
 APPENDIX-5

5. PATEL RESPONDENTS AND THEIR LOCALE

Ahmedabad City (Urban) Number Ahmedabad City (Urban) Number

1. Asarwa 3 21. Nikol 1

2. Sabarmati 1 22. Arvindbaug 1

3. Kubernagar 1 Thakkarbapa Nagar

23. Ranip 2
4. Chandkheda 2
24. Vastral 1
5. Ghatlodiya 8
25. Maninagar 1
6. Bapunagar 2

7. Shahibaug 4 Total 60
8. Meghaninagar 5
Ahmedabad Rural Number
9. Ankur Chaar Raasta 4
District (Rural)
10. Ghodasar 4
1. Sarkhej 1
11. Aslali 1
2. Bavla 1
12. Thaltej 1
3. Viramgam 1
13. Vejalpur 1
4. Muta, Ta.Bavla 1
14. Naroda 5
5. Asalali 2
15. Satellite 1
6. Kujoda, Ta.Daskroi 2
16. Vasna 2
7. Detroj 1
17. Paldi 5
8. Nana Ubhada, 1
18. Kochrab Ashram 2
Ta.Mandal
19. Ellisbridge 1
Total 10
20. Saijpur Bogha 1
60+10=70
615
 APPENDIX-6

6. SCs/STs RESPONDENTS AND THEIR LOCALE

Ahmedabad City (Urban) Number Ahmedabad Rural Number
1. Satellite 1 District (Rural)
2. Paldi 1 1. Dholka 1
3. Dariapur 1 2. Sarkhej 1
4. Chandkheda 4
5. Shahibaug 2
6. Asarwa Himgiri Society 1
7. Ranip 8
8. Saijpur 3
9. Amraiwadi 2
10. Naroda Road 1
11. Bapunagar 2
12. Saraspur 1
13. Danilimbda 1
14. Sabarmati 1
15. Navawadaj 1
16. Ramol 1
17. C.T.M.Chaar Raasta 1
18. Isanpur Vatva 1
19. Gomtipur 1
20. Naroda 1
21. Meghaninagar 2
Kalapi Nagar
22. Naranpura 1
Total 38 Total 2
38+2=40
616
 Questionnaire/Interview Schedule

for the respondents

Law as an instrument of social change – A Sociological

study of “The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989” in Gujarat.

Part-I Preliminary information.

1. Name: Shri/Shrimati :__________________________________________

2. Age : __________________________________________

3. Caste, Sub-Caste :__________________________________________

4. Educational qualifications:_______________________________________

5. Address : _________________________________________

6. Marital Status : Married: Unmarried Other

7. Religion : _________________________________________

8. Original Occupation of the family :

9. Occupation of the family now :

10. Total members in the family : Male members :

Female members :

11. Has any member of your family done inter-caste marriage ?

Yes No

12. If yes, what is the caste of male/female in inter-caste marriage?

(1) male

(2) Female

13. Was Government assistance taken in inter-caste marriage?

(1) Yes.

(2) N0.

14. How is their inter-caste marriage going on?

(1) Successful (3) Problematic

(2) Tense (4) Peaceful

617
15. Please state if there is any reason about the above question of inter-caste

marriage.__________________________________________________

16. Had any hue & cry been raised, uproar, trouble, problem etc. taken place at

the time of inter-caste marriage? Yes. N0.

17. If yes, please furnish brief details about it.

_________________________________________________________

_________________________________________________________

_________________________________________________________

18. Whether both parties visit each other’s house? Whether they attend each

other’s social functions? Yes N0.

19. As per your own view point, which Varna/Caste you believe, you belong to?

(1) Brahmin (2) Kshatriya ` (3) Vaishya

(4) Shudra (5) Ati-Shudra (6) 0ther

PART-2. ABOUT CASTE.

20. Who created the idea of high and low?

(1) God (2) Men

(3) Scriptures (4) None

21. How is the Caste-based hierarchy of high and low?

(1) Good and necessary. (2) Bad and unnecessary.

(3) Can’t say anything. (4) Any other reason.

22. Should the idea of high and low based on caste be abolished?

(1) Be abolished.

(2) Not to be abolished.

(3) To continue it with few changes.

(4) It makes no difference if abolished it or not.

23. How caste-based social discrimination can be abolished?

(1) By using law as an instrument.

(2) By persuasion.

618
 (3) By compulsory inter-caste marriage.

(4) Please briefly mention any other way you know.

24. What benefit does society get by the caste system?

(1) No benefit.

(2) Benefit is there in crises and on social occasions.

(3) It is convenient in marriage of boys and girls.

(4) It benefits in educational matters.

25. Does caste system damage national unity?

(1) It is damaging.

(2) It is not damaging.

(3) The caste is hindrance/obstruction in achieving national unity.

(4) National unity is strengthened only by the caste system.

26. It is not possible to abolish untouchability due to the caste system. What do

you believe in this regard?

(1) Untouchability cannot be abolished because of the caste.

(2) Caste has no concern with the untouchability.

(3) Untouchability can be removed speedily if caste is removed.

(4) Caste is the root of the untouchability.

27. Is it an offence to use insulting words about the Caste of the Dalit?

(1) Yes.

(2) No.

(3) Don’t know.

(4) Can’t say anything.

28. What do you think/believe about inter-caste marriage?

(1) It will strengthen social and national unity.

(2) It will create bitterness in the society.

(3) It will produce cross-breed people in the society.

(4) It will lead to doomsday, destruction and downfall of the society.

619
29. Should inter-caste marriage take place or not?

(1) It should take place.

(2) It should not take place.

(3) Under no circumstances it should take place.

(4) Other opinion.

30. What is your opinion about financial incentives given by the Government

for inter-caste marriage?

(1) Such incentives should be given.

(2) Such incentives should not at all be given.

(3) Caste system will break down and it will be detrimental to the society

and to the nation due to such incentives being given by the Government for

inter-caste marriages.

(4) Incentive amount should be increased for such inter-caste marriages

and residential accommodation should be provided by the Government to

such couples.

31. Can social and national unity be strengthened in society by completely

abolishing caste and varna system?

(1) Yes.

(2) N0.

(3) Complete abolition of caste and varna system

will create disorder in the society.

(4) Other opinion.

Part-3 About untouchability.

32. According to you, how is the form of untouchability in Gujarat?

(1) The cemetery of the Caste Hindus and the Dalits are separate,

(2) They fetch water from different wells/taps or river banks.

(3) The traders and the vendors give commodities, victual etc. not hand to

hand to the Dalits but from their hands held high above to avoid polluting

touch of the Dalits.

620
 (4) Untouchability is practiced on special occasions like marriage and

various celebrations.

(5) In all above.

(6) Not in any of above.

(7) Special remarks, if any.

33. Is untouchability practiced in your village/area?

(1) Yes.

(2) N0.

(3) To some extent.

(4) It is practiced on certain occasions like temple entry, marriage

functions, at eating places, house-entry etc.

(5) Other observations.

34. “Untouchability is a blot on Hindu society and it is the duty (Dharma) of

every Hindu to remove it.” Do you agree with such thinking/idea of Gandhiji?

(1) Yes.

(2) N0.

(3) Can’t say anything.

(4) I do not believe that any harm would have been done to the Hindu

religion due to the untouchability.

35. Is untouchability and discrimination of high and low based on caste a social

problem?

(1) Yes.

(2) N0.

(3) Don’t know.

(4) Can’t say anything.

36. Has the Constitution of India abolished the untouchability?

(1) Yes.

(2) N0.

(3) Don’t know.

621
 (4) Can’t say anything.

37. What actually happens if a low caste person touches or accidentally

comes in touch with a person of a high caste?

(1) Gets polluted.

(2) Gets impious or desecrated.

(3) Gets sin.

(4) Gets degraded/aspersion.

(5) All above will happen.

(6) Nothing above will happen.

38. Please frankly state what remedy had you adopted on being polluted by

the untouchability in the past?

(1) Took bath.

(2) Water sprinkled by parents or others.

(3) Touched the other religioner (Muslim) or you were advised to do so.

(4) Other remedy.

Part- 4. Regarding social acceptability of Dalits.

39. Are you prepared to accept Dalits on social occasions like marriage, death,

mourning meeting, Celebrations of festivals, Garba, Bhajan,(Devotional

songs’ assembly), eating occasions, cultural programmes, religious

programmes etc.?

(1) Yes. In which matters?

(2) N0. In which matters?

(3) If there is no way out, no escape to accept Dalits, we have to accept

them due to helplessness

(4) Not willing to accept Dalits on any occasion.

(5) Dalits are not acceptable even in bus, train, Public garden, Public toilet,
Public urinal – or even occasionally coming in contact or seating together,
in that also they are not acceptable to us.

40. Out of the Dalits and the Adivasis, whom do you have no objection to accept
in above social matters?

622
 (1) Dalits (Scheduled Castes).

(2) Adivasis (Scheduled Tribes).

(3) Both are acceptable.

(4) None of them is acceptable.

41. Please state which matter you would object to, out of the following matters?

Please tick the option which according to you is correct.

(1) If Dalit weds Caste Hindu girl.

(2) If Caste Hindu weds Dalit girl.

(3) Objection in 1 and 2 both.

(4) If Dalit resides in Caste Hindus’ locality/area or society.

(5) If Dalit buries/cremates his dead near and dear one in a Caste Hindus’
crematorium.

(6) If Dalit girl participates in a Caste Hindus’ Garba in village or city.

(7) If Dalits and Caste Hindus participate in community meals.

(8) If Dalits enter into your house.

(9) If Dalits enter into your kitchen.

(10) If Dalits enter into the temple.

(11) If Dalits enter into the sanctum sanctorum of the temple.

(12) If Dalits get good/high Service/job.

(13) No objection in any of the above.

(14) Objection in all above.

(42) Have you ever any day participated in a Dalits’ social functions like birth,

marriage, death, Barmu, Bhojan, Bhajan, Party etc.?

(1) Yes, (A) Sometimes.

(B) Many times.

(2) N0, never.

(3) Participated as a service caterer, for example: light, pandal, T.V./Radio

repairing, mike provider, construction worker etc. We have provided
services on payment but except that we have not participated in the
Dalits’ social functions.

623
 (4) Participation in Dalits’ Social functions adversely affects our social status
and therefore we do not participate.

(5) Reasons of participation:-

(1) ______________________________________________________

(2) ______________________________________________________

(3) ______________________________________________________

43. Have you ever invited Dalits on your social occasions like birthday, marriage,

death of relative, Barmu, Bhojan, Bhajan etc?

(1) Never.

(2) Once.

(3) The Dalits cannot be called because it lowers our social prestige.

(4) Not invited on social occasions but after social occasions were over,
they were called as “Gharak” for collecting food and were given bit of
food separately in open spaces.

44. Would you like your children in school or elsewhere sitting together and

taking their meals with Dalit Children?

(1) Yes, it gives birth to social cohesion/equality.

(2) N0, it leads to development of bad culture (Sanskar) in children.

(3) Children get polluted.

(4) Children may go astray in bad company due to the community meals.

45. Would you like to give residential facility to the educated, Cultured Dalits

like Government Officers, Employees, Teachers, Professors in your village,

city in a Caste Hindu area/Mohalla/Pol/Society/Colony/Kasba etc.?

(1) Yes.

(2) N0, not at all.

(3) Never.

(4) If they remain as our “Henchmen/Yesmen” and under our control.

(5) Even their shadow is not acceptable to us.

46. Would you like the appointment of Dalits who are well-versed in religious

rites and rituals in religious places like temples, religious institutions etc.?

624
 (1) Yes.

(2) N0.

(3) Never.

(4) We may incur sin by doing so.

(5) The “Sanatan Dharma” will be polluted by doing this.

47. Would you like to get such religious rites and rituals performed by the Dalits

who are knowledgeable and proficient in this connection, on birth, marriage

or on any such other occasion in your family?

(1) Yes.

(2) N0.

(3) Never.

(4) If we do so, we incur sin and get religiously polluted.

48. Would it be considered appropriate to enact a Law or frame rules for

reservation in private industries?

(1) Yes.

(2) N0.

(3) Never.

(4) This should be left to the discretion/sweet will of the industrialists.

49. Would you like to take meals, tea, Snacks, Paan from Dalit hotel owners,

tea kettle runners, Lodge owners, Paan shop owners etc.?

(1) Never, in no circumstances.

(2) If there is no Caste Hindus’ hotel, tea stall, Paan Shop in the vicinity.

(3) If there is no other remedy available to satisfy hunger, quench thirst etc.

(4) Always prefer.

50. If tea, Paan, Bidi, meals etc. are served by the Dalits at very cheap rates

and with good quality in Hotels and Lodges run by the Dalits and such stuff

is served by others, other than Dalits at higher rates and of lower quality

then from whom would you accept such services?

(1) Not from the Dalits.

625
 (2) From the Caste Hindus.

(3) Can’t say anything.

(4) I don’t want to declare this matter.

51. How is your relationship with Dalits and Adivasis?

(1) Very close.

(2) Close.

(3) Average.

(4) Not at all.

Part-5. Regarding social change.

52. What is your opinion about emerging social change in Castes which gives

equal status to the Dalits?

(1) Change must come in social order.

(2) Caste should remain as it is in social order.

(3) Society gets fragmented due to social change in the caste system.

(4) Society becomes more modern and strong due to social change in

the caste system.

53. How social change should be brought about?

(1) By the social reformers.

(2) By the Saints, Mahants, Rishis, Munis, Kathakars, Bhajniks and other

such like-minded religious people.

(3) By medium of Law, by using Law as an instrument of social change.

(4) By the news papers, T.V. Channels, and publicity media like Radio etc.

through persuasion.

54. What do you think/believe about social change?

(1) Change is the rule of the society and it must take place.

(2) Change rejuvenates society.

(3) Change should not take place.

(4) Society should run as it is running maintaining “Status Quo.”

55. What do you think are the reasons by which people advance in life in Social,

626
 Educational, Economic, Political etc. matters?

(1) By one’s own intellectual power/strength.

(2) By one’s own caste.

(3) By one’s good acts of the previous life.

(4) By influence and relationships.

56. Would you like to do the scavenging work which is done by the members of

the Valmiki society in Government service?

(1) Yes.

(2) N0.

(3) Never.

(4) Howsoever high salary and howsoever high post is given, despite “N0.”

Even if we are starving. “N0.”

(5) Not applicable.

57. Government gives various types of assistance/help to the members of the

Scheduled Castes and the Scheduled Tribes. Should such assistance be

continued?

(1) Yes.

(2) N0.

(3) Uncertain.

(4) Other reply.(Please specify)

58. Do you feel that injustice is done to the Dalits and the Adivasis for centuries

in India?

(1) Yes, lot of injustice is done.

(2) N0, no injustice is done.

(3) Injustice was done prior to the independence, now it is removed.

(4) Perhaps a little bit, negligible – ordinary injustice might have been done.

59. In whose hands, social leadership should be?

(1) In the hands of society’s high Caste/Varna people.

(2) In the hands of the elected representatives.

627
 (3) In the hands of Saints and Mahants.

(4) No objection if it is in the hands of Dalits if they are competent in all

aspects.

Part-6. About “The Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989

60. Has the caste-based ill-treatment against Dalits been reduced due to the

Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) Act,

1989?

(1) Reduced.

(2) Increased.

(3) No difference.

(4) Friction between the Dalits and the Caste Hindus has increased.

61. What change has come in society due to The Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989?

(1) ill-treatment done to the Dalits is reduced.

(2) No change in the caste-based ill-treatment meted out to the Dalits.

(3) An awe is created in the minds of the perpetrators of atrocities on the

Dalits.

(4) A fear is created that caste-based ill-treatment meted out to the Dalits

would be counter-productive, ill-affordable and would counterblast.

62. What type of situation is created by “The Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989”?

(1) Dalits’ and the Adivasis’ honour is properly protected.

(2) Besides the protection of honour of the Dalits and the Adivasis, adequate

protection is also available for property and against all social disabilities.

(3) Police is compelled to play a positive role in social change.

(4) All the three above have happened.

(5) Situation of “Status quo” only is there.

63. Has ever a complaint against you under “The Scheduled Castes and the

628
 Scheduled Tribes (Prevention of Atrocities) Act, 1989 been made?

(1) Yes.

(2) N0.

(3) If yes, reason.

(4) Brief facts of the disposal, pendency etc. of the case.

64. Your personal opinion about “The Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989.”

(1) Social change has come due to this Act and hence it must be continued

and strictly enforced.

(2) Due to this Act, bitterness has increased between the Dalits and the

Caste Hindus hence it should be abolished.

(3) Actually there is no need for such a law.

(4) This Act is more strict, severe.

(5) Due to this Act, a big hiatus is created between the Caste Hindus

and the Dalits.

(6) Dalits get social justice due to this Act.

(7) Dalits are effectively protected due to this act.

(8) This Act should be abolished.

(9) It will not make any difference if this Act is not there.

629
 Law as an Instrument of social change -
A Sociological Study of “The Scheduled Castes and the Sc
Scheduled heduled Tribes
Scheduled
(Prevention of Atrocities) Act, 1989”” in Gujarat.
Questionnaire/Interview Schedule (Gujarati)
«§tð÷e
¼t„-1 «tÚtr{f {trn‚e
(1) ™t{ : ©e/©e{‚e
(2) ô{h :
(3) ¿ttr‚-…uxt¿ttr‚ :
(4) þiûtrýf ÷tÞft‚ :
(5) Ëh™t{wk :

(6) ÷ø™™tu Œhßòu : …herý‚ y…herý‚ yLÞ

(7) Ä{o :
(8) yË÷ ftixwkÂBƒf ÔÞðËtÞ/ÄkÄtu :
(9) nt÷™tu ftixwkÂBƒf ÔÞðËtÞ/ÄkÄtu :
(10) fwxwkƒ{tk fw÷ fux÷t ËÇÞtu Au ? …wÁ»t ËÇÞtu
Mºte ËÇÞtu
(11) yt…™t fwxwkƒ{tk ftuEyu ytk‚h¿tt‚eÞ ÷ø™ fÞto Au ? nt ™t
(12) òu nt, ‚tu ytk‚h¿tt‚eÞ ÷ø™{tk …wÁ»t/Mºte™e ¿ttr‚ fE Au ? (1) …wÁ»t
(h) Mºte
(13) ytk‚h¿tt‚eÞ ÷ø™ yk„u™e Ëhfthe ËntÞ ÷eÄe Au ? nt ™t
(14) ‚u{™wk ytk‚h¿tt‚eÞ ÷ø™ fuðwk [t÷u Au ? (1) ËV¤‚t…qðof
(2) ‚™tð…qýo
(3) Ë{MÞt…qýo
(4) þtkr‚…qðof
(15) W…h™t «§ yk„u ftuE fthý ntuÞ ‚tu sýtðtu.
(16) ytk‚h¿tt‚eÞ ÷ø™ Ë{Þu ftuE Wnt…tun/ƒƒt÷ fu yLÞ ftuE Ë{MÞt …uŒt ÚtÞu÷e ? nt ™t
(17) òu nt ‚tu ‚u™e xqkfe rð„‚ yt…tu.

(18) nt÷{tk ƒk™u …ûttu yufƒeò™t ½hu ytðu-òÞ Au ? y™u yufƒeò™t Ët{trsf «Ëk„tu{tk ntshe yt…u Au ?
nt ™t
(19) yt…™e áÂüyu yt… ™e[u™t …ife õÞt ðýo/¿ttr‚{tk „ýtð Atu ?
(1) ƒútñý : (2) ûtrºtÞ : (3) ði~Þ :
(4) þwÿ : (…) yr‚þwÿ (6) yLÞ :
630
 ¼t„-h : ¿ttr‚yk„u
(20) Qk[™e[™t ¼uŒ¼tðtu ftuýu ËsoÞt Au ?
(1) ¼„ðt™u
(2) {™w»Þu
(3) þtMºttuyu
(4) ftuEyu ™nª
(21) ¿ttr‚ ytÄtrh‚ Qk[™e[™e «Útt fuðe Au ?
(1) Ëthe y™u sYhe
(2) ¾htƒ y™u rƒ™sYhe
(3) fkE fne þfwk ™nª.
(4) yLÞ fthý
(22) ¿ttr‚ ytÄtrh‚ Ët{trsf Qk[™e[™tu ¼uŒ¼tð Œqh fhðtu òuEyu ?
(1) Œqh fhðtu òuEyu.
(2) Œqh fhðtu òuEyu ™nª.
(3) Úttuzt VuhVth ËtÚtu [t÷w ht¾ðtu òuEyu.
(4) Œqh ÚttÞ fu ™ ÚttÞ ftuE Vhf …z‚tu ™Úte.
(23) ¿ttr‚ ytÄtrh‚ Ët{trsf ¼uŒ¼tð fuðe he‚u Œqh fhðtu òuEyu ?
(1) ftÞŒt™tu nrÚtÞth ‚hefu W…Þtu„ fhe™u
(2) Ë{òðxÚte
(3) VhßÞt‚ ytk‚h¿tt‚eÞ ÷ø™Úte
(4) yLÞ ftuE he‚u su yt… òý‚t ntuÞ ‚u xqkf{tk sýtðtu.
(24) ¿ttr‚ «ÚttÚte Ë{ts™u þwk VtÞŒtu ÚttÞ Au ?
(1) ftuE VtÞŒtu Út‚tu ™Úte.
(2) Ëkfx™t Ë{Þ{tk ‚Útt Ët{trsf «Ëk„tuyu VtÞŒtu ÚttÞ Au.
(3) Atufht/Atufhe™t ÷ø™{tk y™wfq¤‚t hnu Au.
(4) þiûtrýf ƒtƒ‚tu{tk VtÞŒtu ÚttÞ Au.
(25) ¿ttr‚ «ÚttÚte ht»xÙ™e yuõ‚t™u ™wfþt™ ÚttÞ Au fu fu{ ?
(1) ™wfþt™ ÚttÞ Au.
(2) ™wfþt™ Út‚wk ™Úte.
(3) ht»xÙeÞ yuf‚t ntkË÷ fhðt{tk ¿ttr‚ ƒtÄtY… Au.
(4) ¿ttr‚Úte s ht»xÙeÞ yuf‚t {sƒq‚ ƒ™u Au.
(26) ¿ttr‚ «Útt™u ÷eÄu yM…]~Þ‚t r™ðthe þft‚e ™Úte ‚u{tk yt…™wk þwk {t™ðwk Au ?
(1) ¿ttr‚™u ÷eÄu yM…]~Þ‚t Œqh fhe þft‚e ™Úte.
(2) ¿ttr‚™u yM…]~Þ‚t ËtÚtu ftuE r™Mƒ‚ ™Úte.
(3) ¿ttr‚ Œqh fhðt{tk ytðu ‚tu yM…]~Þ‚t sÕŒe Œqh fhe þftÞ.
(4) ¿ttr‚ s yM…]~Þ‚t™wk {q¤ Au.

631
(27) ¿ttr‚ðt[f y…{t™s™f þçŒtu Œr÷‚tu {txu ðt…hðtyu „w™tu Au ?
(1) nt.
(2) ™t.
(3) ¾ƒh ™Úte.
(4) fkE fne þfwk ™nª.
(28) ytk‚h¿tt‚eÞ ÷ø™tu {txu yt… þwk {t™tu Atu ?
(1) ‚u™tÚte Ët{trsf ‚Útt ht»xÙeÞ yuf‚t áZ Útþu.
(2) ‚u™t fthýÚte Ë{ts{tk fzðtþ Q¼e Útþu.
(3) ‚u™t fthýu Ë{ts{tk ðýoþkfh (¾htƒ «ò) …uŒt Útþu.
(4) ‚u™tÚte Ë{ts™wk ™Ï¾tuŒ ð¤e sþu y™u yÄtu„r‚ Útþu.
(29) ytk‚h¿tt‚eÞ ÷ø™tu Útðt òuEyu fu ™nª ?
(1) Útðt òuEyu.
(2) ™t Útðt òuEyu.
(3) ftuE…ý Ëkòu„tu{tk ™t Útðt òuEyu.
(4) yLÞ yr¼«tÞ.
(30) ytk‚h¿tt‚eÞ ÷ø™tu™u Ëhfth ™týtkfeÞ «tuíËtn™ yt…u Au ‚u rðþu yt…™wk þwk {k‚ÔÞ Au ?
(1) ytðwk «tuíËtn™ yt…ðwk òuEyu.
(2) ytðwk «tuíËtn™ rƒ÷fw÷ ™t yt…ðwk òuEyu.
(3) ‚u{ fhðtÚte ¿ttr‚ ÔÞðMÚtt ‚qxe sðtÚte Ë{ts ‚Útt Œuþ™u ™wfþt™ Útþu.
(4) yt {txu «tuíËtn™™e hf{ ðÄthðt™e ‚u{s hnuðt™e Ë„ðz Ëhfthu
fhe yt…ðe òuEyu.
(…) yLÞ.
(31) ¿ttr‚ y™u ðýoÔÞðMÚtt™u Ëk…qýo…ýu ™tƒqŒ fhðtÚte Ë{ts{tk Ët{trsf yuf‚t y™u
ht»xÙeÞ yuf‚t {sƒq‚ ÚttÞ ¾he ?
(1) nt.
(2) ™t.
(3) ¿ttr‚ y™u ðýoÔÞðMÚtt Ëk…qýo…ýu ™tƒwŒ fhðtÚte Ë{ts{tk yÔÞðMÚtt Ëòoþu.
(4) yLÞ.
¼t„-3 : yM…]~Þ‚t yk„u
(32) yt…™e áÂüyu „wsht‚{tk yM…]~Þ‚t™wk MðY… fuðwk Au ?
(1) Ëðýtuo-yM…]~Þtu™t M{þt™ y÷„ Au.
(2) y÷„-y÷„ fqðu, ™¤u fu ™Œeyu …týe ¼hu Au.
(3) ðu…theytu Qk[t ntÚtu [es ðM‚wytu yt…u Au.
(4) Ët{trsf «Ëk„tu suðt fu ÷ø™, Wsðýeytu rð„uhu{tk
yM…]~Þ‚t™wk yt[hý ÚttÞ Au.
(5) W…h™t ƒÄt.
632
 (6)W…h™t yuf …ý ™nª.
(7) rðþu»t fkE ntuÞ ‚tu …ý.
(33) þwk ‚{tht „t{, rðM‚th{tk yM…]~Þ‚t …¤tÞ Au ?
(1) nt.
(2) ™t.
(3) Úttuzt ½ýt ykþu.
(4) y{wf «Ëk„tu{tk s …ztÞ Au. Œt.‚. {krŒh «ðuþ, ÷ø™, ¼tus™, „ún«ðuþ.
(5) yLÞ.
(34) “yM…]~Þ‚t ®nŒw Ë{ts™wk f÷kf Au y™u ‚u r{xtððwk yu Œhuf ®nŒw™tu Ä{o Au.”
yuðt „tkÄeS™t rð[th ËtÚtu yt… Ëk{‚ Úttð Atu ?
(1) nt.
(2) ™t.
(3) nwk fkE fne ™t þfwk.
(4) yM…]~Þ‚tÚte ftuE ™wfþt™ ®nŒw Ä{o™u ÚtÞwk ntuÞ ‚uðwk nwk {t™‚tu ™Úte.
(35) yM…]~Þ‚t y™u Qk[™e[™t ¼uŒ yu Ët{trsf Ë{MÞt Au fu fu{ ?
(1) nt.
(2) ™t.
(3) ¾ƒh ™Úte.
(4) fkE fne þfwk ™nª.
(36) ¼th‚™t htßÞƒkÄtýu yM…]~Þ‚t ™tƒqŒ fhe Au ?
(1) nt.
(2) ™t.
(3) ¾ƒh ™Úte.
(4) fkE fne þfwk ™nª.
(37) yuf Qk[e ¿ttr‚™tu {™w»Þ ™e[e ¿ttr‚ðt¤t™u yzfu, ‚u™tu M…þo ÚtE òÞ ‚tu ¾hu¾h þwk ÚttÞ ?
(1) y¼ztE òÞ.
(2) y…rðºt ÚtE òÞ.
(3) …t… ÷t„u.
(4) Œtu»t ÷t„u.
(5) W…h™wk ƒÄwk s ÚttÞ.
(6) W…h™wk fkE ™t ÚttÞ.
(38) ‚{u yM…]~Þ‚tÚte ¼q‚ft¤{tk y¼ztE „Þt ntuð ‚tu þwk W…[th fhu÷tu ‚u r™¾t÷Ë ¼tðu sýtðtu ?
(1) M™t™ fhe ÷eÄu÷wk.
(2) …týe™t Atkxt {t‚t-r…‚tyu fu yLÞyu ™t¾u÷t.
(3) rðÄ{eo™u yze ytðu÷t fu ‚u{ fhðt™e Ë÷tn ‚{™u yt…ðt{tk ytðu÷e.
(4) yLÞ W…[th.

633
 ¼t„-4 Mðef]r‚ yk„u
(39) yt… Œr÷‚tu™u Ët{trsf «Ëk„tu suðt fu ÷ø™, {]íÞw, þtuf˼t, WíËðtu, „hƒt, ¼s™,
¼tus™, ËtkMf]r‚f ftÞo¢{tu, ÄtŠ{f ftÞ¢o{tu, rð„uhu{tk Mðefthðt ‚iÞth Atu ?
(1) nt. fE ƒtƒ‚{tk ?
(2) ™t. fE ƒtƒ‚{tk ?
(3) Œr÷‚tu™u Mðefthðt rËðtÞ Aqxftu s ™ ntuÞ ‚tu Mðefthðt …zu.
(4) Œr÷‚tu™u ftuE…ý «Ëk„u Mðefthðt htS ™Úte.
(5) ƒË, xÙu™, ònuh ƒ„e[t, þti[t÷Þ, {w‚hze{tk «Ëk„tu…t‚ ËtÚtu ytðu fu
ƒuËu ‚u …ý MðeftÞo ™Úte. {ksqh ™Úte.
(40) Œr÷‚tu y™u ytŒeðtËeytu …ife W…htuõ‚ Ët{trsf ƒtƒ‚tu{tk ftu™u Mðefthðt{tk ‚{™u ðtkÄtu ™Úte ?
(1) Œr÷‚tu™u (y™wËqr[‚ òr‚).
(2) ytrŒðtËeytu™u (y™wËqr[‚ s™òr‚).
(3)ƒk™u™u.
(4)yufuÞ™u ™nª.
(41) ™e[u™e …ife fE ƒtƒ‚tu{tk ‚{™u ðtkÄtu …zu ? ¾ht™e ( ✔ ) r™þt™e fhtu :-
(1) Œr÷‚ Ëðýo fLÞt™u …hýu ‚tu.
(2) Ëðýo Œr÷‚ fLÞt™u …hýu ‚tu.
(3) 1,2 ƒk™u{tk ðtkÄtu Auu.
(4) Œr÷‚ Ëðýo ÷¥tt fu ËtuËtÞxe{tk ðËðtx fhu ‚tu.
(5) Œr÷‚ Ëðýo M{þt™{tk …tu‚t™t {]‚ Mðs™™tu ŒV™/yÂø™ ËkMfth fhu ‚tu.
(6) „t{/þnuh{tk Ëðýtuo™t „hƒu Œr÷‚ fLÞtytu „hƒu h{u ‚tu.
(7) Œr÷‚-Ëðýo Ë{qn ¼tus™ fhu ‚tu.
(8) Œr÷‚tu ‚{tht ½h{tk «ðuþu ‚tu.
(9) Œr÷‚tu ‚{tht ½h{tk hËtuzt{tk «ðuþu ‚tu.
(10) Œr÷‚tu {krŒh{tk «ðuþu ‚tu.
(11) Œr÷‚tu {krŒh™t „¼o„]n{tk «ðuþu ‚tu.
(12) Œr÷‚tu™u Ëthe/{tuxe Qk[e ™tufhe {¤u ‚tu.
(13) W…h™t ftuE{tk …ý ðtkÄtu ™Úte.
(14) W…h™t ƒÄt s {tk ðtkÄtu Au.
(42) yt…u ftuE rŒðË Œr÷‚™t Ët{trsf «Ëk„ suðt fu sL{, ÷ø™, {hý, ƒth{wk, ¼tus™,
¼s™, …txeo, rð„uhu{tk ¼t„ ÷eÄu÷ Au ?
(1) nt. (y) ftuEf ð¾‚.
(ƒ) ½ýe ð¾‚.
(2) ™t, õÞthuÞ ™nª.
(3) ËŠðË yk„u Œt¾÷t ‚hefu ÷tExðt¤t, {kz…ðt¤t, xe.ðe. hurzÞtu rh…uhª„ðt¤t,
{tEfðt¤t, fLMxÙõþ™ rð„uhu ‚hefu ™týtk ÷E™u Ëuðtytu yt…u÷ Au …hk‚w ‚u

634
 rËðtÞ ‚u{™t Ët{trsf «Ëk„tu{tk ¼t„ ÷eÄu÷ ™Úte.
(4) ¼t„ ÷uðtÚte y{tht Ët{trsf {tu¼t™u rð…he‚ yËh ÚttÞ Au ‚uÚte ¼t„ ÷u‚t ™Úte.
(5) þt fthýu ¼t„ ÷eÄu÷tu.
(1)
(2)
(3)
(43) yt…u yt…™t ËtË{trsf «Ëk„tu suðt fu sL{rŒ™, ÷ø™, {hý, ƒth{wk, ¼tus™, ¼s™,
rð„uhu{tk Œr÷‚tu™u õÞthuÞ ƒtu÷tÔÞt Au ?
(1) õÞthuÞ ™nª.
(2) yuftŒ ð¾‚.
(3) ƒtu÷tðe þftÞ s ™nª. ‚uÚte y{the Ët{trsf «r‚ct Ík¾ðtÞ.
(4) «Ëk„tuyu ƒtu÷tÔÞt ™Úte …hk‚w «Ëk„ …íÞt …Ae ½htf ‚hefu ¾tðt™wk
yt…ðt ƒtu÷tÔÞt Au y™u ƒnth yufƒtsw ¾wÕ÷t{tk ƒuËtze Úttuzwk Úttuzwk
¾tðt™wk ytÃÞwk Au.
(44) yt…™t ƒt¤ftu r™þt¤{tk fu yLÞºt Œr÷‚ ƒt¤ftu ËtÚtu ƒuËe ¼tus™ fhu ‚uu yt…™u „{u ?
(1) nt, ‚u™tÚte Ët{trsf Ë{hË‚t/Ë{t™‚t sL{u Au.
(2) ™t, ‚u™tÚte ƒttu¤ftu{tk ¾tuxt ËkMfth …zu Au.
(3) ƒt¤ftu y¼ztE òÞ Au.
(4) ƒt¤ftu ‚u™tÚte fwËk„u [Ze òÞ.
(45) ‚{tht „t{/þnuh{tk ‚{tht Ëðýo ÷¥tt/{ntuÕ÷t/…tu¤/ËtuËtÞxe/ftu÷tu™e/fMƒt rð„uh{u tk rþÂût‚,
ËkMfthe Œr÷‚tu suðt fu Ëhfthe yrÄftheytu, f{o[theytu, rþûtftu, «tuVuËhtu, yuðt Œr÷‚tu™u
ðËðtx {txu™e ËwrðÄt yt…ðt™wk ‚{™u …ËkŒ …zu ?
(1) nt.
(2) ™t, rƒ÷fw÷ ™nª.
(3) õÞthuÞ ™nª .
(4) y{tht ykfwþ{tk fÌtt„ht ÚtE hnu ‚tu.
(5) ‚u{™tu …zAtÞtu …ý y{™u ™ ¾…u.
(46) ÄtŠ{f MÚt¤tu-{krŒhtu, MÚtt™ftu rð.{tk f{oftkz™t òýfth yuðt Œr÷‚tu™u ™e{ðt{tk ytðu ‚tu
yt…™u …ËkŒ …zu ?
(1) nt.
(2) ™t.
(3) õÞthuÞ ™nª .
(4) yt{ fhðtÚte y{tu …t…{tk …zeyu.
(…) yt{ fhðtÚte Ë™t‚™Ä{o ¼úü ÚtE sþu.
(47) sL{, ÷ø™ fu yLÞ ftuE ÄtŠ{f rðrÄytu™t òýfth Œr÷‚tu …tËu yt… ytðe rðrÄ fhtðtu ¾ht ?
(1) nt.
(2) ™t.
635
 (3) õÞthuÞ ™nª.
(4) yt{ fhðtÚte y{tu …t…{tk …zeyu, Ä{o¼úü ÚtEyu.
(48) ¾t™„e Wãtu„tu{tk y™t{‚ yk„u ftÞŒtu fu r™Þ{tu ƒ™tðtÞ ‚u ÞtuøÞ „ýtÞ fu fu{ ?
(1) nt.
(2) ™t.
(3) õÞthuÞ ™nª .
(4) yt ƒtƒ‚ Wãtu„…r‚ytu™e {hS W…h Atuzðe òuEyu.
(49) Œr÷‚tu îtht [t÷‚e ånt™e fex÷e, ntux÷, ÷tus,…t™™t „Õ÷uÚte ånt, ™tM‚tu-¼tus™, …t™
¾tðt™wk …ËkŒ fhþtu ?
(1) fŒtr… ™nª, ftuE nt÷‚{tk ™nª.
(2) ytswƒtsw ™Sf{tk ftuE Ëðýo™e ytðe ånt™e fex÷e, ntux÷,
…t™™tu „Õ÷tu rð„uhu ™ ntuÞ ‚tu.
(3) ‚÷…, ¼q¾ Ëk‚tu»tðt ƒeòu ftuE W…tÞ, E÷ts ™ ntuÞ ‚tu.
(4) nk{uþt …ËkŒ fheþ.
(50) ånt, …t™, ƒeze, ntux÷, ÷tus rð„uhu Œr÷‚tu îtht ½ýt ËM‚t ¼tðu y™u „wýð¥ttðt¤wk y…t‚wk
ntuÞ y™u ƒeòytu îtht {tU½t¼tðu y™u ytuAe „wýð¥ttðt¤wk y…t‚wk ntuÞ ‚tu ftu™u íÞtkÚte ytðe
Ëuðt Mðefthþtu?
(1) Œr÷‚tu …tËuÚte ™nª.
(2) Œr÷‚tu rËðtÞ™tytu™e …tËuÚte.
(3) fkE fne þfwk ™nª.
(4) yt ƒtƒ‚ ònuh fhðt {t„‚tu ™Úte.
(51) ‚{thu Œr÷‚tu/ytrŒðtËe ËtÚtu™t ËkƒkÄtu fuðt Au ?
(1) ½ýt „tZ.
(2) „tZ.
(3) ËtÄthý.
(4) rƒ÷fw÷ ™nª.
¼t„-5 Ët{trsf …rhð‚o™ yk„u
(52) Œr÷‚tu™u Ë{t™ Œhßòu {¤u ‚uðt ¿ttr‚{tk ytð‚t Ët{trsf …rhð‚o™ rðþu yt…™wk þwk {k‚ÔÞ Au ?
(1) Ë{ts ÔÞðMÚtt{tk …rhð‚o™ ytððwk òuEyu.
(2) Ë{ts ÔÞðMÚtt{tk ¿ttr‚ su{ Au ‚u{ hnuðe òuEyu.
(3) ¿ttr‚ ÔÞðMÚtt{tk Ët{trsf …rhð‚o™Úte Ë{ts rAÒt-r¼Òt ÚtE òÞ Au.
(4) ¿ttr‚ ÔÞðMÚtt{tk Ët{trsf …rhð‚o™Úte Ë{ts ðÄw ytÄwr™f y™u
{sƒq‚ ÚttÞ Au.
(53) Ët{trsf …rhð‚o™ fuðe he‚u ÷tððwk òuEyu ?
(1)Ët{trsf ËwÄthftu îtht.
(2) Ëk‚tu/{nk‚tu/Ér»t-{wr™ytu/fÚttfthtu/¼s™ftu/¼s™eftu îtht.
(3) ftÞŒt™t {tæÞ{Úte-ftÞŒt™tu nrÚtÞth ‚hefu W…Þtu„ fhe™u.
(4) y¾ƒthtu, xe.ðe. [u™÷tu, huzeÞtu suðt «[th-«Ëth {tæÞ{tu îtht Ë{òðxÚte.
636
(54) yt… Ët{trsf …rhð‚o™ rðþu þwk {t™tu Atu ?
(1) …rhð‚o™ ËkËth™tu r™Þ{ Au y™u ‚u Útðwk òuEyu.
(2) …rhð‚o™Úte Ë{ts ™ð…Õ÷rð‚ ÚttÞ Au.
(3) …rhð‚o™ ™t Útðwk òuEyu.
(4) su{ Ë{ts [t÷u Au ‚u{ s (Status quo) [t÷ðtu òuEyu.
(55) su ÷tuftu Sð™{tk Ët{trsf, þiûtrýf, ytŠÚtf, htsfeÞ, rð„uhu ƒtƒ‚tu{tk yt„¤ ðÄu Au.
‚uytu õÞt fthýËh yt„¤ ðÄu Au ‚u{ ‚{™u ÷t„u Au ?
(1) …tu‚t™e ƒwÂæÄ þÂõ‚Úte.
(2) …tu‚t™e ¿ttr‚Úte.
(3) …tu‚t™t yt„÷t sL{™t …wÛÞf{tuoÚte.
(4) ÷t„ð„ y™u ËkƒkÄtu™u ÷E™u.
(56) ðtÕ{erf Ë{ts™t ÷tuftu ËVtE yk„u™e ft{„ehe fhu Au ‚uðe ft{„ehe Ëhfthe ™tufhe{tk ‚{u
fhðt™wk …ËkŒ fhtu ¾ht ?
(1) nt.
(2) ™t.
(3) fŒtr… ™nª.
(4) „{u ‚ux÷tu …„th y™u {tuxtu ntuvtu ytðu ‚tu …ý ™nª. ¼q¾u {heyu ‚tu …ý ™nª.
(5) ÷t„wk …z‚wk ™Úte.
(57) Ëhfth y™wËqr[‚ òr‚-s™òr‚ytu™u rðrðÄ «fth™e ËntÞ/{ŒŒ yt…u Au. ytðe {ŒŒ [t÷w hnuðe òuEyu?
(1) nt.
(2) ™t.
(3) yr™rù‚.
(4) yLÞ sðtƒ (Ë…ü fhtu).
(58) yt…™u ÷t„u Au fu Œr÷‚tu ‚Útt ytŒeðtËeytu ËtÚtu ¼th‚{tk ËŒeytuÚte yLÞtÞ ÚtÞtu Au ?
(1) nt, ½ýtu s yLÞtÞ ÚtÞtu Au.
(2) ™t. ftuE yLÞtÞ ÚtÞu÷ ™Úte.
(3) ytÍtŒe …nu÷tk yLÞtÞ ÚtÞu÷tu yíÞthu Œqh ÚtÞu÷ Au.
(4) Úttuztu ½ýtu, ËtÄthý yLÞtÞ fŒt[ ÚtÞu÷ nþu.
(59) Ët{trsf ™u‚]íð ftu™t ntÚt{tk ntuðwk òuEyu ?
(1) Ë{ts™t Wå[ðýo™t .
(2) [qkxtÞu÷t «r‚r™rÄytu™t.
(3) Ëk‚tu-{nk‚tu™t.
(4) òu ‚{t{ he‚u Ëût{ ntuÞ ‚tu Œr÷‚tu™t ntÚt{tk ntuÞ ‚tu ðtkÄtu ™Úte.

637
 ¼t„-6 : yíÞt[th rðhtuÄe ftÞŒt yk„u
(60) y.òr‚, y.s™òr‚ (yíÞt[th yxftððt™tu) ftÞŒtu 1989Úte Œr÷‚tu ËtÚtu™tu ¿ttr‚
ytÄtrh‚ ŒwÔÞoðnth ½xâtu Au fu fu{ ?
(1) ½xâtu Au.
(2) ðæÞtu Au.
(3) ftkE Vhf …zâtu ™Úte.
(4) Œr÷‚tu-Ëðýtuo ðå[u ½»toý ðæÞwk Au.
(61) yuxÙtuËexe™t ftÞŒtÚte Ë{ts{tk þwk …rhð‚o™ ytÔÞwk ?
(1) Œr÷‚tu ËtÚtu Út‚tu ŒwÔÞoðnth ytuAtu ÚtÞtu Au.
(2) Œr÷‚tu ËtÚtu™t òr‚ ytÄtrh‚ ŒwÔÞoðnth{tk ftuE Vhf …zâtu ™Úte.
(3) Œr÷‚tu W…h yíÞt[th yt[h™thtytu{tk yuf Vzf …uŒt ÚtÞu÷ Au.
(4) Œr÷‚tu ËtÚtu òr‚ ytÄtrh‚ ŒwÔÞoðnth fhðt™wk ¼thu …zþu
‚uðe ¼er‚ …uŒt ÚtÞu÷ Au.
(62) yuxÙtuËexe yuõxÚte fuðe …rhÂMÚtr‚ ËòoE Au ?
(1) Œr÷‚tu/ytŒeðtËeytu™t ËL{t™™e ÞtuøÞ hûtt ÚttÞ Au.
(2) Œr÷‚tu/ytŒeðtËeytu™t ËL{t™ W…htk‚ r{÷f‚™t n¬tu ‚Útt Ët{trsf r™Þtu„e‚t
(Social Disabilities) Ët{u …qh‚wk hûtý yu™tÞ‚ ÚttÞ Au.
(3) Ët{trsf …rhð‚o™{tk …tu÷eË™u Ëfthtí{f ¼wr{ft ¼sððt™e Vhs …zu Au.
(4) W…htuõ‚ ºtýuÞ ƒtƒ‚tu ƒ™e Au.
(5) siËu Útu suðe s ÂMÚtr‚ Au.
(63) yt…™t W…h yuxÙtuËexe yuõx nuX¤ õÞthuÞ ftuE VrhÞtŒ ÚtÞu÷e Au ?
(1) nt.
(2) ™t.
(3) nt, ‚tu fthý.
(4) ‚u™tu r™ft÷-fuË™tu VUË÷tu ÚtÞtu fu …z‚h ‚Útt ‚u™e xqkf rð„‚.
(64) yuxÙtuËexe yuõx yk„u™wk yt…™wk yk„‚ {k‚ÔÞ :-
(1) yt ftÞŒtÚte Ët{trsf …rhð‚o™ ytÔÞwk Au ‚uÚte ‚u™u [t÷w ht¾e
[wM‚ y{÷ fhðtu òuEyu.
(2) yt ftÞŒtÚte Œr÷‚tu-Ëðýtuo ðå[u fzðtþ ðÄe ntuE ‚u ™tƒqŒ fhðtu òuEyu.
(3) ytðt ftÞŒt™e ¾hu¾h ftuE sYheÞt‚ ™Úte.
(4) yt ftÞŒtu ðÄthu …z‚tu fzf Au.
(5) yt ftÞŒtÚte Ëðýtuo-Œr÷‚tu ðå[u ðÄw {tuxe ¾tE …uŒt ÚtÞu÷ Au.
(6) yt ftÞŒtÚte Œr÷‚tu™u Ët{trsf LÞtÞ {¤u Au.
(7) yt ftÞŒtÚte Œr÷‚tu™wk yËhfthf hûtý ÚttÞ Au.
(8) yt ftÞŒtu ™tƒqŒ Útðtu òuEyu.
(9) yt ftÞŒtu ™ ntuÞ ‚tu ftuE Vhf …zðt™tu ™Úte.
638
 APPENDIX-7
THE SCHEDULED CASTES AND THE SCHEDULED
TRIBES (PREVENTION OF ATROCITIES) ACT, 19891
(Act No. 33 of 1989)
[11th September, 1989]
An Act to prevent the commissions of offences of atrocities against
the members of the Scheduled Castes and the Scheduled Tribes, to provide
for Special Courts for the trial of such offences and for the relief and
rehabilitation of the victims of such offences and for matters connected
therewith or incidental thereto.
Be it enacted by Parliament in the Fortieth Year of the Republic of
India as follows :-
CHAPTER-I PRELIMINARY
1. Short title, extent and Commencement.-
(1) This Act may be called the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) “atrocity” means an offence punishable under section 3;
(b) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
(c) “Scheduled Castes and Scheduled Tribes” shall have the meanings
assigned to them respectively under clause (24) and clause (25)
of article 366 of the Constitution;
1. Received the assent of the President on the 11th September, 1989, and was published in the
Gazette of India, Extraordinary, Part II, Section I, No. 39, dated September 12, 1989.
639
 (d) “Special Court” means a Court of Sessions specified as a Special
Court in section 14;
(e) “Special Public Prosecutor” means a Public Prosecutor
specified as a Special Public Prosecutor or an advocate referred
to in section 15;
(f) words and expressions used but not defined in the Act and
defined in the Code or the Indian Penal Code (45 of 1860) shall
have the meanings assigned to them respectively in the Code, or
as the case may be, in the Indian Penal Code.
(2) Any reference in this Act to any enactment or any provision
thereof shall, in relation to an area in which such enactment or such
provision is not in force, be construed as a reference to the corresponding
law, if any, in force in that area.
CHAPTER II
OFFENCES OF ATROCITIES
3. Punishment of offences of atrocities.-(1) Whoever, not being a
member of a Scheduled Caste or a Scheduled Tribe,-
(i) forces a member of a Scheduled Caste or a Schedule Tribe to
drink or to eat any inedible or obnoxious substance;
(ii) acts with intent to cause injury, insult or annoyance to any member
of a Scheduled Caste or a Scheduled Tribe by dumping excreta,
waste matter, carcasses or any other obnoxious substance in his
premises or neighbourhood;
(iii) forcibly removes clothes from the person of a member of a
Scheduled Caste or a Scheduled Tribe or parades him naked or
with painted face or body or commit any similar act which is
derogatory to human dignity;
640
(iv) wrongfully occupies or cultivates any land owned by, or allotted
to, or notified by any competent authority to be allotted to, a
member of a Scheduled caste or a Scheduled tribe or gets the land
allotted to him transferred;
(v) wrongfully dispossesses a member of a Scheduled Caste or a
Scheduled Tribe from his land or premises or interferes with the
enjoyment of his rights over any land, premises or water;
(vi) compels or entices a member of a Scheduled Caste or a Scheduled
Tribe to do ‘begar’ or other similar forms of forced or bonded
labour other than any compulsory service for public purposes
imposed by Government;
(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled
Tribe not to vote or to vote a particular candidate or to vote in a
manner other than that provided by law;
(viii) institutes false, malicious or vexatious suit or criminal or other
legal proceedings against a member of a Scheduled Caste or a
Scheduled Tribe;
(ix) gives false or frivolous information to any public servant and
thereby causes such public servant to use his lawful power to the
injury or annoyance of a member of a Scheduled Caste or a
Scheduled Tribe;
(x) intentionally insults or intimidates with intent to humiliate a
member of a Scheduled Caste or a Scheduled Tribes in any place
within public view;
(xi) assaults or uses force to any woman belonging to a Scheduled
Caste or a Scheduled Tribe with intent to dishonor or outrage her
modesty;
641
(xii) being in a position to dominate the will of a woman belonging to a
Scheduled Caste or a Scheduled Tribe and uses that position to
exploit her sexually to which she would not have otherwise agreed;
(xiii) corrupts or fouls the water of any spring, reservoir or any other
source ordinarily used by members of the Scheduled Castes or the
Scheduled Tribes so as to render it less fit for the purpose for
which it is ordinarily used;
(xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any
customary right of passage to a place of public resort or obstructs
such member so as to prevent him from using or having access to
a place of a public resort to which other members of public or any
section thereof have a right to use or access to;
(xv) forces or causes a member of a Scheduled Caste or a Scheduled
tribe to leave his house, village or other place of residence,
Shall be punishable with imprisonment for a term which shall not be
less than six months but which may extend to five years and with fine.
(2) Whoever not being a member of a Scheduled Caste or a Scheduled
Tribe,
(i) gives or fabricates false evidence intending thereby to cause, or
knowing it to be likely that he will thereby cause, any member of
a Scheduled Caste or a Scheduled Tribe to be convicted of an
offence which is capital by the law for the time being in force
shall be punished with imprisonment for life and with fine; and if
an innocent member of a Scheduled Caste or a Scheduled Tribe
be convicted and executed in consequence of such false or
fabricated evidence, the person who gives or fabricates such false
evidence, shall be punished with death;
642
(ii) gives or fabricates false evidence intending thereby to cause, or
knowing it to be likely that he will thereby cause, any member of
a Scheduled Caste or a Scheduled Tribe to be convicted of an
offence which is not capital but punishable with imprisonment
for a term of seven years or upwards, shall be punishable with
imprisonment for a term which shall not be less than six months
but which may extend to seven years or upwards and with fine;
(iii) commits mischief by fire or any explosive substance intending to
cause or knowing it to be likely that he will thereby cause damage
to any property belonging to a member of a Scheduled Caste or a
Scheduled Tribe, shall be punishable with imprisonment for a
term which shall not be less than six months but which may extend
to seven years and with fine;
(iv) commits mischief by fire or any explosive substance intending to
cause or knowing it to be likely that he will thereby cause destruction
of any building which is ordinarily used as a place of worship or
as a place for human dwelling or a place for custody of the property
by a member of a Scheduled Caste or a Scheduled Tribe, shall be
punishable with imprisonment for life and with fine;
(v) commits any offence under the Indian Penal Code (45 of 1860)
punishable with imprisonment for a term of ten years or more
against a person or property on the ground that such person is a
member of a Scheduled Caste or a Scheduled tribe or such
property belongs to such member, shall be punished with
imprisonment for life and with fine;
(vi) knowingly or having reason to believe that an offence has been
committed under this Chapter, causes any evidence of the
643
 commission of that offence to disappear with the intention of
screening the offender from legal punishment or with that
intention gives any information respecting the offence which he
knows or believes to be false, shall be punishable with
imprisonment provided for that offence; or
(vii) being a public servant, commits any offence under this section,
shall be punishable with imprisonment for a term which shall
not be less than one year but which may extend to the punishment
provided for that offence.
4. Punishment for neglect of duties.- Whoever, being a public
servant but not being a member of a Scheduled Caste or the Scheduled
Tribe, willfully neglects his duties required to be performed by him
under this Act, shall be punishable with imprisonment for a term which
shall not be less than six months but which may extend to one year.
5. Enhanced punishment for subsequent conviction.- Whoever,
having already been convicted of an offence under this Chapter is
convicted for the second offence or any offence subsequent to the second
offence, shall be punishable with imprisonment for a term which shall
not be less than one year but which may extend to the punishment
provided for that offence.
6. Applications of certain provisions of the Indian Penal Code.-
Subject to other provisons of this Act, the provisions of section 34,
Chapter III, Chapter IV, Chapter V, Chapter VA, section 149 and Chapter
XXIII of the Indian Penal Code (45 of 1860), shall, so far as may be,
apply for the purposes of this Act as they may apply for the purposes of
the Indian Penal Code.

644
 7. Forfeiture of property of certain persons.- (1) Where a person
has been convicted of any offence punishable under this Chapter, the
Special Court may, in addition to awarding any punishment, by order in
writing, declare that any property, movable or immovable or both,
belonging to the person, which has been used for the commission of
that offence, shall stand forfeited to Government.
(2) Where any person is accused of any offence under this Chapter, it
shall be open to the Special Court trying him to pass an order that all or
any of the properties, movable or immovable or both, belonging to him,
shall, during the period of such trial, be attached, and where such trial
ends in conviction, the property so attached shall be liable to forfeiture
to the extent it is required for the purpose of realization of any fine
imposed under this Chapter.
8. Presumption as to offences.-In a prosecution for an offence under
this Chapter, if it is proved that –
(a) the accused rendered any financial assistance to a person accused
of or reasonably suspected of committing, an offence under this
Chapter, the Special Court shall presume, unless the contrary is
proved, that such person had abetted the offence;
(b) a group of persons committed an offence under this Chapter and
if it is proved that the offence committed was a sequel to any
existing dispute regarding land or any other matter, it shall be
presumed that the offence was committed in furtherance of the
common intention or in prosecution of the common object.
9. Conferment of powers.-(1) Notwithstanding anything contained
in the Code or in any other provision of this Act, the State Government
may, if it considers it necessary or expedient so to do,-
645
 (a) for the prevention of and for coping with any offence under this
Act, or
(b) for any case or class or group of cases under this Act,
in any district or part thereof, confer, by notification in the Official
Gazette, on any officer of the State Government, the powers exercisable
by a police officer under the Code in such district or part thereof or, as
the case may be, for such case or class or group of cases, and in particular,
the powers of arrest, investigation and prosecution of person before any
Special Court.
(2) All officers of police and all officers of Government shall assist
the officers referred to in sub-section (1) in the execution of the
provisions of this Act or any rule, scheme or order made thereunder.
(3) The provisions of the Code shall, so far as may be, apply to the
exercise of the powers by an officer under sub-section (1).

CHAPTER III
EXTERNMENT
10. Removable of person likely to commit offence.-(1) Where the
Special Court is satisfied, upon complaint or a police report that a person
is likely to commit an offence under Chapter II of this Act in any area
included in ‘Scheduled Areas’ or ‘Tribal Area’ as referred to in article
244 of the Constitution, it may, by order in writing, direct such person
to remove himself beyond the limits of such area, by such route and
within such time as may be specified in the order, and not to return to
that area from which he was directed to remove himself for such period,
not exceeding two years, as may be specified in the order.
646
 (2) The Special Court shall, along with the order under sub-section
(1), communicate to the person directed under that sub-section the
grounds on which such order has been made.
(3) The Special Court may revoke or modify the order made under
sub-section (1), for reasons to be recorded in writing, on representation
made by the person against whom such order has been made or any
other person on his behalf within thirty days from the date of the order.
11. Procedure on failure of person to remove himself from area
and enter thereon after removal.- (1) If a person to whom a direction
has been issued under section 10 to remove himself from any area-
(a) fails to remove himself as directed; or
(b) having so removed himself enters such area within the period
specified in the order,
Otherwise than with the permission in writing of the Special Court under
sub-section (2), the Special Court may cause him to be arrested and
removed in police custody to such place outside such area as the Special
Court may specify.
(2) The Special Court may, by order in writing, permit any person in
respect of whom an order under section 10 has been made, to return to
the area from which he was directed to remove himself for such temporary
period and subject to such conditions as may be specified in such order
and may require him to execute a bond with or without surety for the
due observation of the conditions imposed.
(3) The Special Court may at any time revoke any such permission.
(4) Any person who, with such permission, returns to the area from
which he was directed to remove himself observe the conditions imposed,
and at the expiry of the temporary period for which he was permitted to
647
return, or on the revocation of such permission before the expiry of
such temporary period, shall remove himself outside such area and shall
not return thereto within the unexpired portion specified under section
10 without a fresh permission.
(5) If a person fails to observe any of the conditions imposed or to
remove himself accordingly or having so removed himself enters or
returns to such area without fresh permission the Special Court may
cause him to be arrested and removed in police custody to such place
outside such area as the Special Court may specify.
12. Taking measurements and photographs, etc., of persons
against whom order under section 10 is made.-(1) Every person against
whom an order has been made under section 10 shall, if so required by
the Special Court, allow his measurements and photographs to be taken
by a police officer.
(2) If any person referred to in sub-section (1), when required to allow
his measurements or photographs to be taken resists or refuses to allow
his taking of such measurements or photographs, it shall be lawful to
use all necessary means to secure the taking thereof.
(3) Resistance or refusal to allow the taking of measurements or
photographs under sub-section (2) shall be deemed to be an offence
under section 186 of the Indian Penal Code (45 of 1860).
(4) Where an order under section 10 is revoked, all measurements
and photographs (including negatives) taken under sub-section (2) shall
be destroyed or made over to the person against whom such order is
made.
13. Penalty for non-compliance of order under section 10.-Any
person contravening an order of the Special Court made under section
648
10 shall be punishable with imprisonment for a term which may extend
to one year and with fine.

CHAPTER IV
SPECIAL COURTS
14. Special Courts.-For the purposes of providing for speedy trial,
the State Government Shall, with the concurrence of the Chief Justice
of the High court, by notification in the Official Gazette, specify for
each district a Court of Sessions to be Special Court to try the offences
under this Act.
15. Special Public Prosecutor.-For every Special Court, the State
Government Shall, by notification in the Official Gazette, specify a Public
Prosecutor or appoint an advocate who has been in practice as an
advocate for not less than seven years, as a Special Public Prosecutor
for the purpose of conducting cases in that Court.

CHAPTER V
MISCELLANEOUS
16. Power of State Government to impose collective fine.-The
provisions of section 10A of the Protection of Civil Rights Act, 1955
(22 of 1955), shall, so far as may be, apply for the purposes of imposition
and realisation of collective fine and for all other matters connected
therewith under this Act.
17. Preventive action to be taken by the law and order machinery.-
(1) A District Magistrate or a Sub-Divisional Magistrate or any other
Executive Magistrate or any police officer not below the rank of a Deputy
Superintendent of police may, on receiving information and after such
649
inquiry as he may think necessary, has reason to believe that a person or
a group of persons not belonging to the Scheduled Caste or the Scheduled
tribes, residing in or frequenting any place within the local limits of his
jurisdiction is likely to commit an offence or has threatened to commit
any offence under this Act and is of the opinion that there is sufficient
ground for proceeding, declare such area to be an area prone to atrocities
and take necessary action for keeping the peace and good behavior and
maintenance of public order and tranquility and may take preventive
action.
(2) The provisions of Chapter VIII, X and XI of the Code shall, so far
as may be, apply for the purposes of sub-section (1).
(3) The State Government may, by notification in the Official Gazette,
make one or more schemes specifying the manner in which the officers
referred to in sub-section (1) shall take appropriate action specified in
such scheme or schemes to prevent atrocities and to restore the feeling
of security amongst the members of the Scheduled Castes and the
Scheduled Tribes.
18. Section 438 of the Code not to apply to persons committing
an offence under the Act.-Nothing in section 438 of the Code shall
apply in relation to any case involving the arrest of any person on an
accusation of having committed an offence under this act.
19. Section 360 of the Code or the provisions of the Probation of
Offenders Act not to apply to persons guilty of an offence under
this Act.-The provisions of section 360 of the Code and the provisions
of the Probation of Offenders Act, 1958, (20 of 1958) shall not apply
to any person above the age of eighteen years who is found guilty of
having committed an offence under this Act.
650
 20. Act to override other laws.-Save as otherwise provided in this act,
the provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force
or any custom or usage or any instrument having effect by virtue of any
such law.
21. Duty of Government to ensure effective implementation of the
Act.-(1) Subject to such rules as the central Government may make in this
behalf, the State Government shall take such measures as may be necessary
for the effective implementation of this Act.
(2) in particular, and without prejudice to the generality of the foregoing
provisions, such measures may include,-
(i) the provision for adequate facilities, including legal aid, to the
persons subjected to atrocities to enable them to avail themselves
of justice;
(ii) the provisions for travelling and maintenance expenses to witnesses,
including the victims of atrocities, during investigation and trial
of offences under this Act;
(iii) the provision for the economic and social rehabilitation of the
victims of the atrocities;
(iv) the appointment of officers for initiating or exercising supervision
over prosecutions for the contravention of the provisions of this Act;
(v) the setting up of committees at such appropriate levels as the State
Government may think fit to assist that Government in formulation
or implementation of such measures;
(vi) provisions for a periodic survey of the working of the provisions
of this Act with a view to suggesting measures for the better
implementation of the provisions of this Act;
651
 (vii) the identification of the areas where the members of the Scheduled
Castes and the Scheduled Tribes are likely to be subjected to
atrocities and adoption of such measures so as to ensure safety for
such members.
(3) The Central Government shall take steps as may be necessary to co-
ordinate the measures taken by the State Governments under sub- section(1).
(4) The Central Government shall, every year, place on the table of each
House of Parliament a report on the measures taken by itself and by the
State Governments in pursuance of the provisions of this section.
22. Protection of action taken in good faith.-No suit, prosecution or
other legal proceedings shall lie against the Central Government or against
the State Government or any officer or authority of Government or any
other person for anything which is in good faith done or intended to be done
under this Act.
23. Power to make rules.-(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes
of this Act.
(2) Every rule made under this Act shall be laid, as soon may be after
it is made, before each House of Parliament, while it is in session for a total
period of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in that rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
652
 APPENDIX-8

MINISTRY OF WELFARE

NOTIFICATION

New Delhi, the 20th January, 1990

S.O. 106 (E): In exercise of the powers conferred by

Sub-section (3) of section 1 of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of
1989), the Central Government hereby appoints the 30th day of
January, 1990 as the date on which the said Act shall come into
force.

(No. 11012/1/89/PCR DESK)

T. MUNIVENKATAPPA. Jt. Secy.

653
 APPENDIX-9
THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVCENTION OF ATROCITIES) RULES, 19951
NOTIFICATION
New Delhi, 31st March, 1995
G.S.R. No.316(E).-In exercise of the powers conferred by the sub-section
(1) of section 23 of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (33 of 1989), the Central
Government hereby makes the following rules, namely:-
1. Short title and commencement.-(1) These rules may be called the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Rules, 1995.
(2) They shall come into force on the date of their publication in the
Official Gazette.
2. Definitions.-In these rules, unless the context otherwise requires,-
(a) “Act” means the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (33 of 1989);
(b) “Dependent”, with its grammatical variations and cognate
expressions includes wife, children, whether married or
unmarried, dependent parents, widowed sister, widow and
children of the pre-deceased son of a victim of atrocity;
(c) “Identified Area” means such area where State Government has
reason to believe that atrocity may take place or there is an
apprehension of recurrence of an offence under the Act or an
area prone to atrocities;

1. Vide G.S.R. 316(E), dated 31st March, 1995, published in the Gazette of
India, Extraordinary, Part II, Sec. 3(i), dated 31st March, 1995.
654
 (d) “Non-Governmental Organization” means a voluntary
organization engaged in the welfare activities relating to the
Scheduled Castes and the Scheduled Tribes and registered under
the Societies Registration Act, 1860 (21 of 1860) or under any
law for the registration of documents or such organization for
the time being in force;
(e) “Schedule” means the Schedule annexed to these rules;
(f) “Section” means section of this Act;
(g) “State Government”, in relation to Union territory, means the
Administrator of that Union territory appointed by the President
under article 239 of the Constitution;
(h) words and expressions used herein and not defined but defined in
the Act shall have the meanings respectively assigned to them in
the Act.
3. Precautionary and preventive measures.-(1) With a view to
prevent atrocities on the Scheduled Castes and the Scheduled Tribes, the
State Government shall,
(i) identify the area where it has reason to believe that atrocity may
take place or there is an apprehension of recurrence of an offence
under the Act;
(ii) order of the District Magistrate and Superintendent of Police
or any other officer to visit the identified area and review the
law and order situation;
(iii) if deem necessary, in the identified area cancel the arms licences
of the persons, not being members of the Scheduled Castes or
the Scheduled Tribes, their near relations, servants or employees

655
 and family friends and get such arms deposited in the Government
Armoury;
(iv) seize all illegal fire arms and prohibit any illegal manufacture
of fire arms;
(v) With a view to ensure the safety of person and property, if deem
necessary, provide arms licences to the members of the Scheduled
Castes and the Scheduled Tribes;
(vi) constitute a high power State-level committee, district and
divisional level committees or such number of other committees
as deem proper and necessary for assisting the Government in
implementation of the provisions of the Act;
(vii) set up a vigilance and monitoring committee to suggest effective
measures to implement the provisions of the Act;
(viii) set up awareness centres and organize Workshops in the
identified area or at some other place to educate the persons
belonging to the Scheduled Castes and the Scheduled Tribes
about their rights and protection available to them under the
provisions of various Central and State enactments or rules,
regulations and schemes framed thereunder;
(ix) encourage non-Government Organisation for establishing and
maintaining Awareness Centres and organizing Workshops and
provide them necessary financial and other sort of assistance;
(x) deploy special police force in the identified area;
(xi) by the end of every quarter, review of the law and order situation,
functioning of different committees, performance of Special
Public Prosecutors, Investigating Officers and other officers

656
 responsible for implementing the provisions of the Act and the
cases registered under the Act.
4. Supervision of prosecution and submission of report.- (1) The
State Government on the recommendation of the District Magistrate
shall prepare for each District a panel of such number of eminent Senior
Advocates who have been in practice for not less than seven years, as it
may deem necessary for conducting cases in the Special Courts. Similarly
in consultation with the Director of Prosecution/in-charge of the
prosecution, a panel of such number of Public Prosecutors as it may
deem necessary for conducting cases in the Special Courts, shall also be
specified. Both these panels shall be notified in the Official Gazette of
the State and shall remain in force for a period of three years.
(2) The District Magistrate and the Director of Prosecution/in-
charge of the prosecution shall review at least twice in a calendar year,
in the months of January and July, the performance of Special Public
Prosecutors so specified and submit a report to the State Government.
(3) if the State Government is satisfied or has reason to believe that
a Special Public Prosecutor so appointed or specified has not conducted
the case to the best of his ability and with due care and caution, his name
may be, for reasons to be recorded in writing, de-notified.
(4) The District Magistrate and the officer in-charge of the
prosecution at the District level, shall review the position of cases
registered under the Act and submit a monthly report on or before 20thday
of each subsequent month to the Director of Prosecution and the State
Government. This report shall specify the actions taken/proposed to be
taken in respect of investigation and prosecution of each case.

657
 (5) Notwithstanding anything contained in sub-rule (1), the District
Magistrate or the Sub-Divisional Magistrate may, if deem necessary or
if so desired by the victims of atrocity, engage an eminent Senior Advocate
for conducting cases in the Special Courts on such payment of fee as
may consider appropriate.
(6) Payment of fee to the Special public Prosecutor shall be fixed
by the State Government on a scale higher than the other panel advocates
in the State.
5. Information to police officer in-charge of a police station.-
(1) Every information relating to the commission of an offence under
the Act, if given orally to an officer in-charge of a police station shall
be reduced to writing by him or under his direction, and be read over to
the informant, and every such information, whether given in writing or
reduced to writing as aforesaid, shall be signed by the person giving it,
and the substance thereof shall be entered in a book to be maintained by
that police station.
(2) A copy of information so recorded under sub-rule (1) above
shall be given forth with, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in-
charge of a police station to record the information referred to in sub-
rule (1) may send the substance of such information, in writing and by
post, to the Superintendent of Police concerned who, after investigation
either by himself or by a police officer not below the rank of Deputy
Superintendent of Police, shall make an order in writing to the officer
in-charge of the concerned police station to enter the substance of that
information to be entered in the book to be maintained by that police
station.
658
 6. Spot inspection by officers.- (1) Whenever the District
Magistrate or the Sub-Divisional Magistrate or any Executive Magistrate
or any police officer not below the rank of Deputy Superintendent of
Police receives an information from any person or upon his own
knowledge that an atrocity has been committed on the members of the
Scheduled castes or the Scheduled Tribes within his jurisdiction, he shall
immediately visit the place of occurrence to assess the extent of atrocity,
loss of life, loss and damage to the property and submit a report forthwith
to the State Government.
(2) The District Magistrate or the Sub-Divisional Magistrate or any
other Executive Magistrate and the Superintendent of Police/Deputy
Superintendent of Police after inspecting the place or area shall, on the
spot,-
(i) draw a list of victims, their family members and dependents
entitled for relief;
(ii) prepared a detail report of the extent of atrocity, loss and damage
to the property of the victims;
(iii) order for intensive police patrolling in the area;
(iv) take effective and necessary steps to provide protection to the
witnesses and other sympathizers of the victims;
(v) provide immediate relief to the victims.
7. Investigating Officer.- (1) An offence committed under the Act
shall be investigated by a police officer not below the rank of a Deputy
Superintendent of Police. The investigating officer shall be appointed
by the State Government /Director General of Police/Superintendent of
police after taking into account past experience, sense of ability and

659
justice to perceive the implications of the case and investigate it along
with right lines within the shortest possible time.
(2) The investigating officer so appointed under sub-rule (1), shall
complete the investigation on top priority basis within thirty days and
submit the report to the Superintendent of Police who in turn will
immediately forward the report to the Director General of Police of the
State Government.
(3) The Home Secretary and the Social Welfare Secretary to the
State Government, Director of Prosecution/the officer in-charge of
prosecution and the Director General of Police shall review by the end
of the every quarter the positions of all investigations done by the
investigating officer.
8. Setting up of the Scheduled Castes and the Scheduled Tribes
protection Cell.-(1) The State Government shall set up a Scheduled
Castes and the Scheduled Tribes Protection Cell at the State headquarters
under the charge of the Director General of Police/Inspector General of
Police. This cell shall be responsible for –
(i) conducting survey of the identified area;
(ii) maintaining public order and tranquility in the identified area;
(iii) recommendation to the State Government for deployment of
special police force or establishment of special police post in
the identified area;
(iv) making investigation about the probable causes leading to an
offence under the Act;
(v) restoring the feeling of security amongst the members of the
Scheduled Castes and the Scheduled Tribes;

660
 (vi) informing the nodal officer and special officer about the law
and order situation in the identified area;
(vii) making enquiries about the investigation and spot inspections
conducted by various officers;
(viii) making enquiries about the action taken by the Superintendent
of Police in the cases where an officer in-charge of the police
station has refused to enter an information in a book to be
maintained by that police station under sub-rule (3) of rule 5;
(ix) making enquiries about the willful negligence by a public servant;
(x) reviewing the position of cases registered under the Act; and
(xi) submitting monthly report on or before 20th day of each subsequent
month to the State Government/nodal officer about the action
taken/proposed to be taken in respect of the above.
9. Nomination of Nodal Officer.-(1) The State Government shall
nominate a nodal officer of the level of Secretary to the State Government,
preferably belonging to the Scheduled Castes or the Scheduled Tribes, for
coordinating the functioning of the District Magistrates and
Superintendents of Police or other officers authorized by them, investigating
officers and other officers responsible for implementing the provisions
of the Act. By the end of every quarter, the nodal officer shall review –
(i) the reports received by the State Government under sub-rules
(2) and (4) of rule (4), rule 6, clause (xi) of rule 8;
(ii) the position of cases registered under the act;
(iii) law and order situation in the identified area;
(iv) various kinds of measures adopted for providing immediate
relief in cash or kind or both to the victims of atrocity or his or
her dependents;
661
 (v) adequacy of immediate facilities like rationing, clothing, shelter,
legal aid, travelling allowance, daily allowance and transport
facilities provided to the victims of atrocity or his/her dependents;
(vi) performance of the non-Governmental organizations, the
Scheduled Castes and the Scheduled Tribes Protection cell,
various committees and the public servants responsible for
implementing the provisions of the act.
10. Appointment of a Special Officer.-In identified area a Special
Officer not below the rank of an Additional District Magistrate shall be
appointed to coordinate with the District Magistrate, Superintendent of
Police or other officers responsible for implementing the provisions of
the act, various committees and the Scheduled Castes and the Scheduled
Tribes Protection Cell. The Special Officer shall be responsible for-
(i) providing immediate relief and other facilities to the victims of
atrocity and initiate necessary measures to prevent or avoid re-
occurrence of atrocity;
(ii) setting up an awareness centre and organizing workshop in the
identified area or at the district headquarters to educate the
persons belonging to the Scheduled Castes and the Scheduled
Tribes about their rights and protection available to them under
the provisions of various Central and State enactments or rules
and schemes, etc., framed therein;
(iii) co-ordinating with the non-Governmental Organisation and
providing necessary facilities and financial and other type of
assistance to non–Governmental organisation for maintaining
centres or organising workshops.

662
 11. Travelling allowance, daily allowance, maintenance expenses
and transport facilities to the victim of atrocity, his or her dependant
and witnesses.- (1) Every victim of atrocity or his/her dependant and
witnesses shall be paid to and fro rail fare by second class in express/
mail/passenger train or actual bus or taxi fare from his/her place of
residence or place of stay to the place of investigation or hearing of trial
of an offence under the act.
(2) The District Magistrate or the Sub-Divisional Magistrate or any
other Executive Magistrate shall make necessary arrangements for
providing transport facilities or reimbursement of full payment thereof
to the victims of atrocity and witnesses for visiting the investigating
officer, Superintendent of Polic/Deputy Superintendent of Police, District
Magistrate or any other Executive Magistrate.
(3) Every woman witness, the victim of atrocity of her dependant
being a woman or minor, a person more than sixty years of age and a
person having 40 per cent or more disability shall be entitled to be
accompanied by an attendant of her/his choice. The attendant shall also
be paid travelling and maintaining expenses as applicable to the witness
or the victim of atrocity when called upon during hearing, investigation
and trial of an offence under the Act.
(4) The witness, the victim of atrocity or his/her dependant and the
attendant shall be paid daily maintenance expenses, for the days he/she is
away from the place of his/her residence or stay during investigation,
hearing and trial of an offence, at such rates but not less than the minimum
wages, as may be fixed by the State Government for the agricultural
labourers.

663
 (5) In addition to daily maintenance expenses, the witness, the victim
of atrocity (or his/her dependant) and the attendant shall also be paid
diet expenses at such rates as may be fixed by the State Government
from time to time.
(6) The payment of travelling allowance, daily allowance,
maintenance expenses and reimbursement of transport facilities shall be
made immediately or not later than three days by the District Magistrate
or the Sub-Divisional Magistrate or any other Executive Magistrate to
the victims, their dependants/attendants and witnesses for the days they
visit the investigating officer or in-charge of police station or hospital
authorities or Superintendent of Police/Deputy Superintendent of police
or District Magistrate or any other officer concerned or the Special Court.
(7) When an offence has been committed under section 3 of the
Act, the District Magistrate or the Sub-Divisional Magistrate or any
other Executive Magistrate shall reimburse the payment of medicines,
special medical consultation, blood transfusion, replacement of essential
clothing, meals and fruits provided to the victim(s) of atrocity.
12. Measures to be taken by the District Administration.-(1)
The District Magistrate and the Superintendent of Police shall visit the
place or area where the atrocity has been committed to assess the loss of
life and damage to the property and draw a list of victims, their family
members and dependants entitled for relief.
(2) Superintendent of police shall ensure that the First Information
Report is registered in the book of the concerned police station and
effective measures for apprehending the accused are taken.
(3) The Superintendent of Police, after spot inspection, shall
immediately, appoint an investigating officer and deploy such police
664
force in the area and take such other preventive measures as he may
deem proper and necessary.
(4) The District Magistrate or the Sub-Divisional Magistrate or other
Executive Magistrate shall make arrangements for providing immediate
relief in cash or kind or both to the victims of atrocity, their family
members and dependants according to scale as in the Schedule annexed to
these Rules (Annexure-I read with Annexure II). Such immediate relief
shall also include food, water, clothing, shelter, medical aid, transport
facilities and other essential items necessary for human beings.
(5) The relief provided to the victim of the atrocity or his/her
dependant under sub-rule (4) in respect of death, or injury to, or damage
to property shall be in addition to any other rights to claim compensation
in respect thereof under any other law for the time being in force.
(6) The relief and rehabilitation facilities mentioned in sub-rule (4)
above shall be provided by the District Magistrate or the Sub-Divisional
Magistrate or any other Executive Magistrate in accordance with the
scales provided in the Scheduled annexed to these Rules.
(7) A report of the relief and rehabilitation facilities provided to
the victims shall also forwarded to the Special Court by the District
Magistrate or the Sub-Divisional Magistrate or the Executive Magistrate
or Superintendent of Police. In the case Special Court is satisfied that
the payment of relief was not made to the victim or his/her dependant in
time or the amount of relief or compensation was not sufficient or only
a part of payment of relief or compensation was made, it may order for
making in full or part the payment of relief or any other kind of assistance.
13. Selection of officers and other staff members for completing
the work relating atrocity.-(1) The State Government shall ensure that
665
the administrative officers and other staff members to be appointed in
an area prone to atrocity shall have the right aptitude and understanding
of the problems of the Scheduled Castes and the Scheduled Tribes.
(2) It shall also be ensured by the State Government that persons
from the Scheduled Castes and the Scheduled Tribes are adequately
represented in the administration and in the police force at all levels,
particularly at the level of police posts and police station.
14. Specific responsibility of the State Government.- The State
Government shall make necessary provisions in its annual budget for
providing relief and rehabilitation facilities to the victims of atrocity. It
shall review at least twice in a calendar year, in the months of January
and July the performance of the Special Public Prosecutor specified or
appointed under section 15 of the Act, various reports received,
investigation made and preventive steps taken by the District Magistrate,
Sub-Divisional Magistrate and Superintendent of Police, relief and
rehabilitation facilities provided to the victims and the report in respect
of lapses on behalf of the concerned officers.
15. Contingency plan by the State Government.-(1) The State
Government shall prepare a model contingency plan for implementing
the provisions of the Act and notify the same in the Official Gazette of
the State Government. It should specify the role and responsibility of
various departments and their officers at different levels, the role and
responsibility of Rural/Urban Local Bodies and non-Government
Organisations, inter alia this plan shall contain a package of relief
measures including the following:-
(a) scheme to provide immediate relief in cash or in kind or both;
(b) allotment of agricultural land and house sites;
666
 (c) the rehabilitation packages;
(d) scheme for employment in Government or Government
undertaking to the dependant or one of the family members of
the victim;
(e) pension scheme for widows, dependant children of the deceased,
handicapped or old age victims of atrocity;
(f) mandatory compensation for the victims;
(g) Scheme for strengthening the socio-economic conditions of the
victims;
(h) provisions for providing brick/stone masonry houses to the
victims;
(i) such other elements as health care, supply of essential
commodities, electrification, adequate drinking water facility,
burial/cremation ground and link roads to the Scheduled Castes
and the Scheduled Tribes habitats.
(2) The State Government shall forward a copy of the contingency
plan or summary and a copy of the scheme, as soon as may be, to the
Central Government in the Ministry of Welfare and to all the District
Magistrates, Sub-Divisional Magistrates, Inspectors General of Police
and Superintendent of police.
16. Constitution of State –level vigilance and monitoring
committee.-(1) The State Government shall constitute a high-power
vigilance and monitory committee of not more than 25 members
consisting of the following:-
(i) Chief Minister, Administrator- Chairman (in case of a State
under President’s Rule Governor – Chairman);

667
 (ii) Home Minister, Finance Minister and Welfare Minister –
Members (in case of State under
President’s Rule - Advisors – Members);
(iii) some of the Members of the elected Members of Parliament
and State Legislative Assembly and Legislative Council from
the State belonging to the Scheduled Castes and the Scheduled
tribes – Members (not more than 16);
(iv) Chief Secretary, the Home Secretary, the Director General of
Police, Director/Deputy Director National Commission for the
Scheduled Castes and the Scheduled Tribes – Members;
(v) the Secretary in-charge of the welfare and development of the
Scheduled Castes and the Scheduled Tribes – Convener.
(2) The high power vigilance and monitoring committee shall meet
at least twice in a calendar year, in the month of January and July to
review the implementation of the provisions of the Act, relief and
rehabilitation facilities provided to the victims and other matters
connected therewith, prosecution of cases under the Act, role of different
officers/agencies responsible for implementing the provisions of the Act
and various reports received by the State Government.
17.Constitution of District-level vigilance and monitoring
committees.-(1) In each district within the State, the District Magistrate
shall set up a vigilance and monitoring committee in his district to review
the implementation of the provisions of the Act, relief and rehabilitation
facilities provided to the victims and other matters connected therewith,
prosecution of cases under the Act, role of different officers/agencies
responsible for implementing the provisions of the Act and various reports
received by District Administration.
668
 (2) The district-level vigilance and monitoring committee shall
consist of the elected members of Parliament and State Legislative
Assembly and Legislative Council, Superintendent of Police, three group
‘A’ officers/Gazetted officers of the State Government belonging to the
Scheduled Castes and the Scheduled Tribes, not more than 5 non-official
members belonging to the Scheduled Castes and the Scheduled Tribes
and not more than 3 members from the category other than the Scheduled
Castes and Scheduled Tribes having association with non-Government
Organizations.
(3) The district-level committee shall meet at least once in three
months.
18. Material for annual report.-The State Government shall, every
year before the 1st July, forward the report to the Central Government
about the measures taken for implementing the provisions of the Act and
various schemes/plans framed by it during the previous calendar year.

669
 Appendix-10
NORMS for Relief Amount
THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) Rules, 1995
ANNEXURE I
SCHEDULE
[See Rule 12(4)]
Sr. Name of Minimum amount
No. Offence of Relief
1 2 3
1. Drink or eat inedible or Rs.25,000 or more depending upon

}
obnoxious substance the nature and gravity of the offence to
[Section 3(1)(i)] each victim and also commensurate
with the indignity, insult, injury and
defamation suffered by the victim.
2. Causing injury, insult or Payment to be made as follows :-
annoyance [Section 3(1)(ii)] I. 25% when the chargesheet is sent to
the court,
3. Derogatory act [Section 3(1)(iii)] II. 75% when accused are convicted by
the lower court.
4. Wrongful occupation or cultivation At least Rs. 25,000 or more depending
of land, etc. [Section 3(1)(iv)] upon the nature and gravity of the offence.

5. Relating to land, premises and

water [Section 3(1)(v)]
} The land/premises/water supply shall be
restored where necessary at Government
cost. Full payment to be made when
chargesheet is sent the court.
6. Begar or forced or bonded labour At least Rs. 25,000 to each victim.
[Section 3(1)(vi)] Payment of 25% at FIR stage and 75%
on conviction in the lower court.
7. Relating to right to franchise Up to Rs. 20,000 to each victim
[Section 3(1)(vii)] depending upon the nature and gravity
of the offence.
8. False, malicious or vaxatious Rs. 25,000 or reimbursement of actual

9.

10.
False and frivolous information
[Section 3(1)(ix)]
Insult, intimidation and
}
lagal proceedings. [Section 3(1)(viii)] legal expenses and damages or whichever
is less after conclusion of the trial of
the accused.
Upto Rs. 25,000 to each victim depending
humiliation [Section 3(1)(x)] upon the nature of the offence. Payment
of 25% when chargesheet is sent to the
court and rest on conviction.

670
11. Outraging the modesty of a
12.
woman [Section 3(1)(xi)]
Sexual exploitation of women
[Section 3(1)(xii)]
13. Fouling of water [Section 3(1)(xiii)]Up to Rs. 1,00,000 or full cost of restora-
14. Denial of customary rights of
Passage [Section 3(1)(xiv)]
15. Marking one desert place of
residence [Section 3(1)(xv)]
16. Giving false evidence
[Section 3(2)(i) and (ii) ]
17. Commiting offences under the
Indian Penal Code punishable with nature and gravity of the offence to each
imprisonment for a term of 10
years or more [Section 3(2)]
18. Victimization at the hands of a
public servant [Section 3(2)(vii)]
19. Disability. The definitions of
physical and mental disabilities
are contained in the Ministry of
Welfare, G.O.I. Notification No.
4-2/83-HW. III dt. 6-8-1986 as
amended from time to time. A copy of
the notification is at Appendix-11.
(a) 100% incapacitation -
(i) Non-earning Member of a family
Rs. 50,000 to each victim of the offence.
} 50% of the amount may be paid after
medical examination and remaining 50%.
at the conclusion of the trial.
tion of normal facility, including cleaning
when the water is fouled. Payment may be
made at the stage as deemed fit by District
Administration.
Up to Rs. 1,00,000 or full cost of restora-
tion of right of passage and full
compensation of the loss suffered, if any.
Payment of 50% when charge-sheet is sent
to the court and 50% on conviction in
lower Court.
Restoration of the site, right to stay and
compensation of Rs. 25,000 to each victim
and reconstruction of the house at
Government cost, if destroyed. To be paid
in full when chargesheet is sent to the
lower court.
At least Rs. 1,00,000 or full compensation
of the loss or harm sustained. 50% to be
paid when charge-sheet is sent to Court
and 50% on conviction by the lower court.
At least Rs. 50,000 depending upon the
victim and/or his dependants. The amount
would vary if specifically otherwise
provided in the Schedule.
Full compensation on account of damages
or loss or harm sustained, 50% to be paid
when charge-sheet is sent to the court and
50% on conviction by lower court.
At least Rs. 1,00,000 to each victim of
offence. 50% at FIR and 25% at charge-
sheet and 25% on conviction by the lower
Court.
671
 (ii) Earning Member of a family At least Rs. 2,00,000 to each victim of
offence, 50% to be paid on FIR/Medical
examination stage, 25% when charge-
sheet sent to Court and 25% at conviction
in lower Court.
(b) Where incapacitation is less The rates as laid down in a (i) and (ii) above
than 100% shall be reduced in the same proportion,
the stages of payments also being the same.
However, not less than Rs. 25,000 to non-
earning member and not less than Rs.
30,000 to an existing member of a family.
20. Murder/Death
(a) Non-earning Member of a family At least Rs. 1,00,000 to each case.
Payment of 75% after post-mortem and
25% on conviction by the lower Court.
(b) Earning Member of a family At least Rs. 2,00,000 to each case.
payment of 75% after post-mortem and
25% on conviction by the lower Court.
21. Victim of murder, death, massacre, In addition to relief amounts paid under
rape, mass rape and gang rape, above items, relief may be arranged within
permanent incapacitation and three months of date of atrocity as follows:
dacoity
(i) Pension to each widow and/or other
dependants of deceased, SC and ST @ Rs.
1,000 per month, or Employment to one
member of the family of the deceased, or
provision of agricultural land, and house,
in necessary by outright purchase.

(ii) Full cost of the education and

maintenance of the children of the victims.
Children may be admitted to Ashram,
schools/residential schools.

(iii) Provisions of utensils, rice, wheat,

dals, pulses, etc. for a period of three
months.

22. Complete destruction/burnt houses Brick/stone masonry house to be

constructed or provided at Government
cost where it has been burnt or destroyed.

672
 APPENDIX-11
GUJARAT GOVERNMENT GAZETTE, 4-6-1998 [PART IV-C]

ANNEXURE II

NO. 4-2/83/HW.III
GOVERNMENT OF INDIA
MINISTRY OF WELFARE
Date: 6th August, 1986

Subject: Uniform Definitions of the Physically Handicapped.

At present, different definitions for various categories of
handicapped are adopted in various schemes/programmes of the
Central and State Governments. In order to have a standard set of
definitions, authorized certification authorities and standard tests
for purpose of objective certification, Government of India in
Ministry of Welfare set up three committees under the Chairmanship
of Director General of Health Service – one each in the area of
visual handicaps, speech and hearing disorders and locomotor
disabilities and a separate Committee for mental handicaps.
2. After having considered the reports of these committees
and with the concurrence of the State Governments/UTs and the
concerned Ministries/Departments the undersigned is directed to
convey the approval of the President to notify the definitions of
the following categories of physically handicapped:-
1. Visually handicaps
2. Locomotor handicaps
3. Speech and hearing handicaps
4. Mental handicaps
673
 Report of the Committee as indicated in the Annexure I.
3. Each category of handicapped persons has been divided
into four groups viz. mild, moderate severe and profound/total. It
has been decided that various concessions/benefits would in future
be available only to the moderate, severe and profound/total groups
and not to the mild groups. The minimum degree of disability should
be 40% in order to be eligible for any concession/benefits.
4. It has been decided that the authorized certifying authority
will be a medical board at the district level. The board will consist
of the Chief Medical Officer/Sub Divisional Medical Officer in the
District and another expert in the specified field viz. ophthalmic
surgeon in case of visual handicaps, either an ENT Surgeon or an
audiologist in Case of speech and hearing handicaps; an orthopaedic
surgeon or a specialist in physical medicine and rehabilitation in
case of locomotor handicaps, a psychiatrist or a clinical psychologist
or a teacher in special in case mental handicaps.
5. Specified tests as indicated in Annexure should be
conducted by the medical board and recorded before a certificate
is given.
6. The certificate would be valid for a period of three years.
7. The State Govts./UT Admn. may constitute the medical
boards indicated in para 4 above immediately.

M.C. NARSIMHAN
Joint Secretary to the Government of India

674
 APPENDIX-12
THE PROTECTION OF CIVIL RIGHTS ACT, 1955
(Act No. 22 of 1955)
[8th May, 19551]
CONTENTS
Section
1. Short title, extent and commencement.
2. Definitions.
3. Punishment for enforcing disabilities.
4. Punishment for enforcing social disabilities.
5. Punishment for refusing to admit persons to hospitals, etc.
6. Punishment for refusing to sell goods or render services.
7. Punishment for other offences arising out “untouchability”.
7-A. Unlawful compulsory labour when to be deemed to be practice of
“untouchability”.
8. Cancellation or suspension of licences in certain case.
9. Resumption or suspension of grants made by Government.
10. Abetment of offence
10-A.Power of State Government to impose collective fine.
11. Enhanced penalty on subsequent conviction.
12. Presumption by Courts in certain cases.
13. Limitation of jurisdiction of Civil Courts.
14. Offences by companies.
14-A.Protection of action taken in good faith.
1. 1st June, 1955, vide Notification No. S.R.O. 1109, dated the 23rd May, 1955, Gazette of India,
1955, Extraordinary, Part II, Section 3, Page 1971.
2. Ins. by Act 106 of 1976, Section 4 (w. e. f. 19-11-1976)
3. [ ] The bracket suggests either “Omitted” or “Substituted” or “Inserted” or “Renumbered”,
as the case may be, by Act 106 of 1976 (w. e. f. 19-11-1976)
675
15. Offences to be cognizable and triable summarily.
15-A.Duty of State Government to ensure that the rights accrued from
the abolition of “untouchability” may be availed of by the
concerned persons.
16. Act to override other laws.
16-A. Probation of Offenders Act, 1958, not to apply to persons above
the age of fourteen years
16-B. Power to make rules.
17. Repeal.
THE SCHEDULE
An Act to prescribe punishment for the [preaching and practice of
“Untouchability”] for the enforcement of any disability arising therefrom
and for matters connected therewith.
Be it enacted by Parliament in the Sixth Year of the Republic of India
as follows :-
1. Short title, extent and commencement.—
(1) This Act may be called [the Protection of Civil Rights Act], 1955.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government
may, by notification in the official Gazette appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
[(a) “civil rights”2 means any right accruing to a person by reason of
the abolition of “untouchability” by article 17 of the
Constitution;]3
[(aa)] “hotel” includes a refreshment room, a boarding house, a lodging
house, a coffee house and a café :

676
[(b) “place” includes a house, building and other structure and premises,
and also includes a tent, vehicle and vessel ;]
(c) “place of public entertainment” includes any place to which the
public are admitted and in which an entertainment is provided
or held.
Explanation.—”Entertainment” includes any exhibition,
performance, game, sport and any other form of amusement;
(d) “place of public worship” means a place, by whatever name known,
which is used as a place of public religious worship or which is
dedicated generally to, or is used generally by, persons professing
any religion or belonging to any religious denomination or any
section thereof, for the performance of any religious service, or
for offering prayers therein, [and includes—
(i) all lands and subsidiary shrines appurtenant or attached to any
such place ;
(ii) a privately owned place of worship which is, in fact, allowed by
the owner thereof to be used as a place of public worship; and
(iii) such land or subsidiary shrine appurtenant to such privately owned
place of worship as is allowed by the owner thereof to be used as
a place of public religious worship;]
[(da) “prescribed” means prescribed by rules made under this Act ;
(db) “Scheduled Castes” has the meaning assigned to it in clause (24)
of Article 366 of the Constitution;]
(e) “shop” means any premises where goods are sold either wholesale
or by retail or both wholesale and by retail [and includes—
(i) any place from where goods are sold by a hawker or vendor or
from a mobile van or cart ;
677
(ii) a laundry and a hair cutting saloon ;
(iii) any other place where services are rendered to customers].
3 Punishment for enforcing religious disabilities.—Whoever on
the ground of “untouchability” prevents any person—
(a) from entering any place of public worship which is open to
other persons professing the same religion * * * or any section
thereof, as such person ; or
(b) from worshipping or offering prayers or performing any
religious service in any place of public worship, or bathing in, or
using the waters of, any sacred tank, well, spring or water-course
[river or lake or bathing at any ghat of such tank, water-course,
river or lake] in the same manner and to the same extent as is
permissible to the other persons professing the same religion * * *
or any section thereof, as such person ;
[ shall be punishable with imprisonment for a term of not less than
one month and not more than six months and also with fine which
shall be not less than one hundred rupees and not more than five
hundred rupees].
Explanation.—For the purposes of this section and section 4
persons professing the Buddhist, Sikh or Jaina religion or persons
professing the Hindu religion in any of its forms or developments
including Virashaivas, Lingayats, Adivasis, followers of Brahmo,
Prarthana, Arya Samaj and the Swaminarayan Sampraday shall be deemed
to be Hindus.
4. Punishment for enforcing social disabilities.—Whoever on the
ground of “untouchability” enforces against any person any disability
with regard to—
678
(i) access to any shop, public restaurant, hotel or place of public
entertainment ; or
(ii) the use of any utensils, and other articles kept in any public
restaurant, hotel, dharmshala, sarai or musafirkhana for the
use of the general public or of [any section thereof]; or
(iii) the practice of any profession or the carrying on of any occupation,
trade or business [or employment in any job]; or
(iv) the use of, or access to, any river, stream, spring, well, tank, cistern,
water-tap or other watering place, or any bathing ghat, burial or
cremation ground, any sanitary convenience, any road, or passage,
or any other place of public resort which other members of the
public, or [any section thereof], have a right to use or have access
to ; or
(v) the use of, or access to any place used for a charitable or a public
purpose maintained wholly or partly out of State funds or dedicated
to the use of the general public or [ any section thereof] ; or
(vi) the enjoyment of any benefit under a charitable trust created for
the benefit of the general public or of [any section thereof] ; or
(vii) the use of, or access to any public conveyance ; or
(viii) the construction, acquisition, or occupation of any residential
premises in any locality, whatsoever ; or
(ix) the use of any dharmshala, sarai or musafirkhana which is open
to the general public, or to [any section thereof] ; or
(x) the observance of any social or religious custom, usage or
ceremony or [taking part in, or taking out, any religious, social or
cultural procession] ; or
(xi) the use of jewellery and finery.
679
[shall be punishable with imprisonment for a term of not less than one
month and not more than six months and also with fine which shall be
not less than one hundred rupees and not more than five hundred rupees].
[Explanation.—For the purposes of this section, “enforcement
of any disability” includes any discrimination on the ground of
“untouchability”].
5. Punishment for refusing to admit persons to hospitals, etc.—
Whoever on the ground of “untouchability”—
(a) refuses admission to any person to any hospital, dispensary,
educational institution or any hostel * * *, if such hospital,
dispensary, educational institution or hostel is established or
maintained for the benefit of the general public or any section thereof;
or
(b) Does any act which discriminates against any such person after
admission to any of the aforesaid institutions,
[shall be punishable with imprisonment for a term of not less than
one month and not more than six months and also with fine which
shall be not less than one hundred rupees and not more than five
hundred rupees.]
6. Punishment for refusing to sell goods or render services.—
Whoever on the ground of “untouchability” refuses to sell any goods or
refuses to render any service to any person at the same time and place
and on the same terms and conditions at or which such goods are sold or
services are rendered to other persons in the ordinary course of business
[ shall be punishable with imprisonment for a term of not less than one
month and not more than six months and also with fine which shall be
not less than one hundred rupees and not more than five hundred rupees].
680
7. Punishment for other offences arising out of “untouchability”.—
(1) Whoever—
(a) prevents any person from exercising any right accruing to him by
reason of the abolition of “untouchability” under Article 17 of
the Constitution ; or
(b) molests, injures, annoys, obstructs or causes or attempts to cause
obstruction to any person in the exercise of any such right or
molests, injures, annoys, or boycotts any person by reason of his
having exercised any such rights ; or
(c) by words, either spoken or written, or by signs or by visible
representations or otherwise, incites or encourages any person or
class of person or the public generally to practise “untouchability”
in any form whatsoever ; [or]
(d) insults or attempts to insult, on the ground of “untouchability” a
member of a Scheduled Caste ;
[ shall be punishable with imprisonment for a term of not less than
one month and not more than six months, and also with fine which shall
be not less than one hundred rupees and not more than five hundred
rupees].
[Explanation I].—A person shall be deemed to boycott another
person who—
(a) Refuses to let to such other person or refuses to permit such other
person, to use or occupy any house or land or refuse to deal with,
work for hire for, or do business with, such other person or to render
to him or receive from him any customary service, or refuses to do
any of the said things on the terms on which such things would be
commonly done in the ordinary course of business ; or
681
(b) Abstains from such social, professional or business relations as he
would ordinarily maintain with such other person.
[Explanation II.—For the purpose of clause (c) a person shall be
deemed to incite or encourage the practice of “untouchability”—
(I) If he, directly or indirectly, preaches “untouchability” or its practice
in any form ; or
(II) If he justifies, whether on historical, philosophical or religious
grounds or on the ground of any tradition of the caste system or on
any other ground, the practice of “untouchability” in any form.]
[(1-A) Whoever commits any offence against the person or property of
any individual as a reprisal or revenge for his having exercised any
right accruing to him by reason of the abolition of “untouchability”
under Article 17 of Constitution, shall, where the offence is
punishable with imprisonment for a term exceeding two years, be
punishable with imprisonment for a term which shall not be less
than two years and also with fine.]
(2) Whoever—
(i) denies to any person belonging to his community or any section
thereof any right or privilege to which such person would be entitled
as a member of such community or section, or
(ii) takes any part in the ex-communication of such person, on the ground
that such person has refused to practice “untouchability” that such
person has done any act in furtherance of the objects of this Act,
[7-A. Unlawful compulsory labour when to be deemed to be a
practice of “untouchability”.–(1) Whoever compels any person,
on the ground of “untouchability”, to do any scavenging or sweeping
or to remove any carcass or to flay any animal, or to remove the
682
 umbilical cord or to do any other job of a similar nature shall be
deemed to have enforced a disability arising out of “untouchability”.
(2) Whoever is deemed under sub-section (1) to have enforced a
disability arising out of “untouchability” shall be punishable with
imprisonment for a term which shall not be less than three months
and not more than six months and also with fine which shall not be
less than one hundred rupees and not more than five hundred rupees.
Explanation.—For the purposes of this section, “compulsion”
includes a threat of social or economic boycott].
8. Cancellation or suspension of licences in certain cases.—
When a person who is convicted of an offence under Section 6
holds any licence under any law for the time being in force in respect of
any profession, trade, calling or employment in relation to which the
offence is committed, the court trying the offence may, without prejudice
to any other penalty to which such person may be liable under that section,
direct that the licence shall stand cancelled or be suspended for such
period as the court may deem fit, and every order of the court so
cancelling or suspending a licence shall have effect as if it had been
passed by the authority competent to cancel or suspend the licence under
any such law.
Explanation.—In this section, “licence” includes a permit or a
permission.
9. Resumption or suspension of grants made by Government.—
Where the manager or trustee of a place of public worship [ or any
educational institution or hostel] which is in receipt of a grant of land or
money from the Government is convicted of an offence under this Act
and such conviction is not reversed or quashed in any appeal or revision,
683
the Government may, if in its opinion the circumstances of the case
warrant such a course, direct the suspension or resumption of the whole
or any part of such grant.
10. Abetment of offence.—Whoever abets any offence under
this Act shall be punishable with the punishment provided for the offence.
Explanation.—A public servant who willfully neglects the
investigation of any offence punishable under this Act shall be deemed
to have abetted an offence punishable under this Act].
10-A. Power of State Government to impose collective fine.—
(1) If, after an inquiry in the prescribed manner, the State Government is
satisfied that the inhabitants of an area are concerned in, or abetting the
commission of, any offence punishable under this Act, or harbouring
persons concerned in the commission of such offence or failing to render
all the assistance in their power to discover or apprehend the offender or
offenders or suppressing material evidence of the commission of such
offence, the State Government may, by notification in the Official Gazette,
impose a collective fine on such inhabitants and apportion such fine
amongst the inhabitants who are liable collectively to pay it, and such
apportionment shall be made according to the State Government’s
judgment of the respective means of such inhabitants and in making any
such apportionment the State Government may assign a portion of such
fine to a Hindu undivided family to be payable by it :
Provided that the fine apportioned to an inhabitant shall not be
realized until the petition, if any, filed by him under sub-section (3), is
disposed of.
(2) The notification made under sub-section (1) shall be proclaimed
in the area by beat of drum or in such other manner as the State
684
Government may think best in the circumstances to bring the imposition
of the collective fine to the notice of the inhabitants of the said area.
(3) (a) Any person aggrieved by the imposition of the collective fine
under sub-section (1) or by the order of apportionment, may, within the
prescribed period, file a petition before the State Government or such
other authority as that Government may specify in this behalf for being
exempted from such fine or for modification of the order or apportionment:
Provided that no fee shall be charged for filing such petition.
(b) The State Government or the authority specified by it shall,
after giving to the petitioner a reasonable opportunity of being heard,
pass such order as it may think fit.
Provided that the amount of the fine exempted or reduced under
this section shall not be realizable from any person, and the total fine
imposed on the inhabitants of an area under sub-section (1) shall be
deemed to have been reduced to that extent.
(4) Notwithstanding anything contained in sub-section (3), the State
Government may exempt the victims of any offence punishable under
this Act or any person who does not, in its opinion, fall within the category
of persons specified in sub-section (1), from the liability to pay the
collective fine imposed under sub-section (1) or any portion thereof.
(5) The portion of collective fine payable by any person (including
a Hindu undivided family ) may be recovered in the manner provided by
the Code of Criminal Procedure, 1973 (2 of 1974), for the recovery of
fines imposed by a Court as if such portion were a fine imposed by a
Magistrate].
11. Enhanced penalty on subsequent conviction.—Whoever
having already been convicted of an offence under this Act or of an
685
abetment of such offence is again convicted of any such offence or
abetment, [shall, on conviction, be punishable—
(a) for the second offence, with imprisonment for a term of not less
than six months and not more than one year, and also with fine which shall
be not less than two hundred rupees and not more than five hundred rupees;
(b) for the third offence or any offence subsequent to the third
offence with imprisonment for a term of not less than one year and not
more than two years, and also with fine which shall be not less than five
hundred rupees and not more than one thousand rupees].
12. Presumption by Courts in certain cases.—Where any act
constituting an offence under this Act is committed in relation to a
member of a Scheduled Caste * * *, the Court shall presume, unless the
contrary is proved, that such act was committed on the ground of
“untouchability”.
13. Limitation of jurisdiction of Civil Courts.—(1) No Civil
Court shall entertain or continue any suit or proceedings or shall pass
any decree or order or execute wholly or partially any decree or order if
the claim involved in such suit or proceeding or if the passing of such
decree or order or if such execution would in any way be contrary to the
provisions of this Act.
(2) No Court shall, in adjudicating any matter or executing any
decree or order, recognize any custom or usage imposing any disability
on any person on the ground of “untouchability”.
14. Offences by companies.—(1) If the person committing an
offence under this Act is a company, every person who at the time the
offence was committed was in charge of, and was responsible to the
company for the conduct of the business of the company, shall be deemed
686
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where
an offence under this Act has been committed with the consent of any
director or manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm
or other individuals ; and
(b) “director” in relation to a firm means a partner in the firm.
14-A. Protection of action taken in good faith.—(1) No suit,
prosecution or other legal proceeding shall lie against the Central
Government or a State Government for anything which is in good faith
done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central
Government or a State Government for any damage caused or likely to be
caused by anything which is in good faith done or intended to be done under
this Act.
15. Offences to be cognizable and triable summarily.—
Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2 of 1974), every offence punishable under this Act shall be
687
cognizable and every such offence, except where it is punishable with
imprisonment for a minimum term exceeding three months, may be tried
summarily by a Judicial Magistrate of the first class or in a metropolitan
area by a Metropolitan Magistrate in accordance with the procedure
specified in the said Code.
(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), when any public servant is alleged to
have committed the offence of abetment of an offence punishable under
this Act, while acting or purporting to act in the discharge of his official
duty, no Court shall take cognizance of such an offence of abetment
except with the previous sanction—
(a) of the Central Government, in the case of a person employed in
connection with the affairs of the Union ; and
(b) of the State Government, in the case of a person employed in
connection with the affairs of a State.
15-A. Duty of State Government to ensure that the rights
accruing from the abolition of “untouchability” may be availed of by
the concerned persons.—(1) Subject to such rules as the Central
Government may make in this behalf, the State Government shall take
such measures as may be necessary for ensuring that the rights arising from
the abolition of “untouchability” are made available to, and are availed of
by, the persons subjected to any disability arising out of “untouchability”.
(2) In particular, and without prejudice to the generality of the
provisions of sub- section (1), such measures may include—
(i) the provision of adequate facilities, including legal aid, to the
persons subjected to any disability arising out of “Untouchability” to
enable to avail themselves of such rights;
688
 (ii) the appointment of officers for initiating or excercising
supervision over prosecutions for the contravention of the provisions of
this Act ;
(iii) the setting up of special courts for the trial of offences under this
Act ;
(iv) the setting up of Committees at such appropriate levels as the State
Government may think fit to assist the State Government in formulating
or implementing such measures ;
(v) provision for a periodic survey of the working of the provisions
of this Act with a view to suggesting measures for the better implementation
of the provisions of this Act ;
(vi) the identification of the areas where persons under any disability
arising out of “untouchability” and adoption of such measures as would
ensure the removal of such disability from such areas.
(3) The Central Government shall take such steps as may be necessary
to co-ordinate the measures taken by the State Governments under sub-
section (1).
(4) Te Central Government shall, every year, place on the Table of
each House of Parliament, a report on the measures taken by itself and
by the State Governments in pursuance of the provisions of this section].
16. Act to override other laws.—Save as otherwise expressly
provided in this Act, the provisions of this Act shall have effect not
withstanding anything inconsistent there with contained in any other law
for the time being in force, or any custom or usage or any instrument
having effect by virtue of any such law or any decree or order of any
Court or other authority.

689
 16-A. Probation of Offenders Act, 1958, not to apply to persons
above the age of fourteen years.—The provisions of the Probation of
Offenders Act, 1958 (20 of 1958), shall not apply to any person above
the age of fourteen years who is found guilty of having committed any
offence punishable under this Act.

16-B. Power to make rules.—(1) The Central Government may,

by notification in the official Gazette, make rules to carry out the
provisions of this Act.

(2) Every rule made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before each House of
Parliament while it is in session for total period of thirty days which
may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule].

17. Repeal.—The enactments specified in the Schedule are hereby

repealed to the extent to which they or any of the provisions contained
therein correspond or are repugnant to this Act or to any of the provisions
contained therein.

690
 THE SCHEDULE
(See Section 17)
1. The Bihar Harijan (Removal of Civil Disabilities) Act, 1949 (Bihar
Act XIX of 1949).
2. The Bombay Harijan (Removal of Social Disabilities) Act, 1946
(Bombay Act X of 1947).
3. The Bombay Harijan Temple Entry Act, 1947 (Bombay Act XXXV
of 1947).
4. The Central Provinces and Berar Scheduled Castes (Removal of
Civil Disabilities) Act, 1947 (Central Provinces and Berar Act XXIV
of 1947).
5. The Central Provinces and Berar Temple Entry Authorisation Act,
1947 (Central Provinces and Berar Act XLI of 1947).
6. The East Punjab (Removal of Religious and Social Disabilities)
Act, 1948 (East Punjab Act, XVI of 1948).
7. The Madras Removal of Civil Disabilities Act, 1938 (Madras Act
XXI of 1938).
8. The Orissa Removal of Civil Disabilities Act, 1946 (Orissa Act XI
of 1946).
9. The Orissa Temple Entry Authorisation Act, 1949 (Orissa Act XI
of 1948).
10. The United Provinces Removal of Social Disabilities Act, 1947
(U.P. Act XIV of 1947).
11. The West Bengal Hindu Social Disabilities Removal Act, 1948
(West Bengal Act XXXVII of 1948).
12. The Hyderabad Harijan Temple Entry Regulations, 1358 F (No.
LV of 1358 Fasli).
691
13. The Hyderabad Harijan (Removal of Social Disabilities) Regulation,
1358 F (No. LVI of 1358 Fasli).
14. The Madhya Bharat Harijan Ayogta Nivaran Vidhan, Samvat 2005
(Madhya Bharat Act No. 15 of 1949).
15. The Removal of Civil Disabilities Act, 1943 (Mysore Act XLII of
1943).
16. The Mysore Temple Entry Authorisation Act, 1948 (Mysore Act
XIV of 1948).
17. The Saurashtra Harijan (Removal of Social Disabilities) Ordinance
(No. XL of 1948).
18. The Travancore-Cochin Removal of Social Disabilities Act, 1125
K (Travancore-Cochin Act VIII of 1125).
19. The Travancore-Cochin Temple Entry (Removal of Disabilities)
Act, 1950 (Travancore-Cochin Act XXVII of 1950).
20. The Coorg Scheduled Castes (Removal of Civil and Social
Disabilities) Act, 1949 (Coorg Act 1 of 19490).
21. The Coorg Temple Entry Authorisation Act, 1949 (Coorg Act II of
1949).
_______________________________________________________

692
 APPENDIX-13
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS

N.B.C. 12013/2/76-S.C.T. V. New Delhi, dated 15-9-1977

NOTIFICATION
THE PROTECTION OF CIVIL RIGHTS RULES, 1977

S.O. 3006 In exercise of the powers conferred by Section 16-B, of

the Protection of Civil Rights Act, 1955 (22 of 1955), the Central
Government here by make the following rules, namely:-
1. Short title and Commencement. -
(1) these rules may be called the Protection of Civil Rights Rules, 1977.
(2) They shall come into force on the date of their publication in the
Official Gazette.
2. Definitions- In these rules, unless the context otherwise requires-
(a) “Act” means the Protection of Civil Rights Act, 1955 (22nd of 1955)
(b) “Section” means a section of the Act.
3. Manner of enquiry under sub-section 10-A. –
(1) The State Government may appoint an officer not below the rank
of a Sub-Divisional Magistrate for the purpose of making an inquiry
referred to in sub-section (1) of section 10-A.
(2) The Officer appointed under sub-rule (1) (therein-after in this
rule referred to as enquiry officer) shall issue a public notice
specifying the date, time place and the purpose of such inquiry
and calling upon all the residents of the area in respect of which
693
 the enquiry is to be held furnish such information and materials,
including documents in their possession, as may be relevant for
the purposes of the inquiry.
(3) The public notice referred to in sub-rule (2) shall be in the
local languages of the area and the same shall be –
(i) published on the notice board in the offices of the District
magistrate, the District Superintendent of Police, the Village
Panchayat or Municipal Committee of the area and such other
places as the inquiry officer deems fit and at least in one daily
news paper circulating in the area; and
(ii) proclaimed in the area by beat of drum or in such other manner
as the enquiry officer may think best in the circumstances to bring
the contents of the public notice to the notice of the inhabitants
of the area.
(4) The inquiry officer, while making such inquiry shall follow as
early as practicable, the procedure for summary trials including
the recording of evidences as laid down in Chapter XXI of the
Code of Criminal Procedure, 1973 (2 of 1974).
(5) The enquiry officer shall complete the enquiry as expeditiously
as possible and submit his report to the State Government within
such period not exceeding six weeks, as may be specified by the
State Government in the order appointing the enquiry officer;
Provided that the State Government may having regard to
the nature of the enquiry extend the period of submission of the
report by such period, not exceeding two months in total, as it
may consider necessary.

694
 4. Period for filing a petition under sub-section (3), of section
10-A.-Any person aggrieved by the imposition of a collective fine under
sub-section (1) of section 10-A or by the order of apportionment, may
within a period of thirty days from the date of proclamation of the
notification under sub-section (2) of that section, file a petition before
the State Government or the authority specified by it ;
Provided that where the State Government or the authority, as the
case may be, may entertain the petition after the expiry of the said period
if it is satisfied that the petitioner was prevented by sufficient cause
from filing the petition in time.
(2) The State Government or the authority before which the petition
is filed shall dispose of the petition as expeditiously as possible.
5. Reports by the State Government.–Every State Government
shall, for the purpose of enabling the Central Government to place the
report referred to in sub-section (4) of section 15-A, on the Table of
each House of Parliament, furnish to that Government before the 15th
day of February, each year, a summary of the measures taken by it under
sub-section (1) and (2) of the section during the preceding calendar
year and shall furnish such information as required by the Central
Government, from time to time.

M.M.K. ARDANA
Deputy Secretary to the Government of India

695
 APPENDIX-14
Decennial Population of Social Groups (In million)
1981 1991 2001
SC ST Non-SC/ST SC ST Non-SC/ST SC ST Non-SC/ST

Total 104.75 51.63 508.9 138.22 67.76 632.6 166.64 84.33 777.65
Male 54.21 26.04 263.68 71.93 34.36 328.97 86.09 42.63 404.39
Female 50.54 25.59 245.22 66.29 33.4 303.63 80.55 41.70 373.26
Rural 87.99 48.43 371.18 112.34 62.75 447.72 133.02 77.34 532.14

696
Male 45.35 24.37 190.33 58.34 31.75 231.2 68.61 39.03 274.62
Female 42.64 24.06 180.85 54.00 31.00 216.52 64.41 38.31 257.52
Urban 16.76 3.20 137.72 25.88 5.01 184.88 33.62 6.99 245.51
Male 8.86 1.67 73.35 13.59 2.61 97.77 17.48 3.60 129.77
Female 7.90 1.53 64.37 12.29 2.40 87.11 16.14 3.39 115.74

Source : Registrar General, Census of India, Final Population Tables, 1981, 1991, 2001.
 APPENDIX-15
S.C. Population in India
S. No. State 1981 1991 2001
1. Andhra Pradesh 7,961,730 (14.87) 10,592,066 (15.93) 12,339,496 (16.19)
2. Assam - 12,571,700 (7.40) 1,825,949 (6.85)
3. Bihar (includes Jharkhand) 10,142,368 (14.51) 1,659,412 (14.55) 16,237,928 (14.77)
4. Gujarat 2,438,297 (7.15) 3,060,358 (7.41) 3,592,715 (7.09)
5. Haryana 2,464,012 (19.07) 3,250,933 (19.75) 4,091,110 (19.35)
6. Himachal Pradesh 1,053,958 (24.62) 1,310,296 (25.34) 1,502,170 (24.72)
7. Jammu and Kashmir 497,363 (8.31) - 770,155 (7.59)
8. Karnataka 5,595,353 (15.07) 7,369,279 (16.38) 8,563,930 (16.20)

697
9. Kerala 2,549,382 (10.02) 2,886,552 (9.92) 3,123,941 (9.81)
10. Madhya Pradesh (includes Chhattisgarh) 7,358,533 (14.10) 9,626,679 (14.55) 11,573,899 (14.26)
11. Maharashtra 4,479,763 (7.14) 8,757,842 (11.09) 9,881,656 (10.20)
12. Orissa 3,865,543 (14.66) 5,129,314 (16.20) 6,082,063 (16.53)
13. Punjab 4,511,703 (26.87) 5,742,528 (28.31) 7,028,723 (28.85)
14. Rajasthan 5,838,879 (17.04) 7,607,820 (17.29) 9,694,462 (17.16)
15. Tamil Nadu 8,881,295 (18.35) 10,712,266 (19.18) 11,857,504 (19.00)
16. Uttar Pradesh (includes Uttaranchal) 23,453,339 (21.16) 29,276,455 (21.05) 36,665,563 (20.99)
17. West Bengal 12,000,768 (21.99) 16,080,611 (23.62) 18,452,555 (23.02)
Other States and Union Territories
18. Arunachal Pradesh 2,919 (0.46) 4,052 (0.47) 6,188 (0.56)
 19. Chhattisgarh* - - 2,418,722
20. Goa (includes Daman and Diu) 23,432 (2.16) 28,255 (2.22) 28,629 (1.90)
21. Jharkhand* - - 3,189,320
22. Manipur (excl. 3 Sub-divisions in 2001) 17,753 (1.25) 37,105 (2.02) 60,037 (0.48)
23. Meghalaya 5,492 (0.41) 9,072 (0.51) 11,139 (0.48)
24. Mizoram 135 (0.03) 691 (0.10) 272 (0.03)
25. Nagaland 0 0 0
26. Sikkim 18,281 (5.78) 24,084 (5.93) 27,165 (5.02)
27. Tripura 310,384 (15.12) 451,116 (16.36) 555,724 (17.37)
28. Uttaranchal - - 1,517,186
29. Anmdaman and Nicobar Islands 0 0 0
30. Chandigarh 63,621 (14.09) 105,977 (16.51) 157,597 (17.50)
31. Dadra and Nagar Haveli 2,041 (1.97) 2,730 (1.97) 4,104 (1.86)

698
32. Daman and diu - 3,891 (3.83) 4,838 (3.06)
33. Delhi 1,121,643 1,794,836 2,343,255
34. Lakshadweep 0 0 0
35. Pondicherry 96,636 (15.99) 131,278 (16.25) 157,771 (16.99)
India 104,754,623 (15.75) 138,223,277 (16.48) 166,635,700 (16.20)
Sources : 1. Union Primary Census Abstract, General Population, Census of India,1981,Series I, Part (i).
2.Union Primary Census Abstract, General Population, Census of India,1991, Series I, Part (i).
3.Office of the Registrar General of India, Census of India, 2001.
Noptes: 1. Census was not held inJammu and Kashmir in 1991 and Assam in 1981.
2. Data for Daman and Diu for the year1981 is included in Goa.
3. No SCs were Scheduled by the President of India for Nagaland, Andaman and Nicobar Islands and Lakshadweep.
4. Figures in parenthesis indicate percentage share of the SC population in the total population of the State.
* These new States were formed in the year 2000.
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