Highlight the conceptual issues around the concept of Dominant

Caste.
First Define DOMINANT CASTE by MNS:

Then introduce critique to this concept.

 SC Dube: In his field studies at Surajpur, Anantpur found factions within a
dominant caste, which made him reject the notion of dominant caste altogether.
He proposed dominant individuals. Since caste is internally divided into factions, it
does not function as cohesive group. Individuals from same caste are hostile to one
another, and function in the interest of multi-caste power alliance than the caste they
belong to. Therefore, it is not caste, but the multi-caste power alliances which are
power-wielding unit.
 TK Oomen:
o Relative importance of variables to decide the dominance of a caste is not
clear in Srinivas’s writings. There are multiple variables like wealth, ritual
status, numerical strength, urban occupation, modern education but what
decides dominance in greater proportion. For example, Bailey believed that high
ritual status does not necessarily lead to political power & wealth, but the
reverse tends to be true.
o In this process of power transmission from Brahmins to Okkaligas, there
may be a period of political anomie featured by conflicts and competitions
for power but since he viewed village system as one infused with a high
amount of solidarity and stability, he does not recognize this possibility.
o We can have a dominant caste only in a politically autonomous village. However,
Due to local self government system, number of villages come to constitute a
statutory village panchayat. If 3 villages constitute a panchayat and in each of
these villages, there exists a separate ‘dominant caste’. Which of them will
dominate the politics of panchayat? we cannot speak of dominant castes in such
a context.
o Concept of dominant caste is useful only in a “closed social system”. Concept of
dominant caste is meaningful only if villagers approach the traditional decision-
making bodies for settling their disputes. As more and more villagers approach
urban courts to settle disputes, dominant caste is losing its relevance. With
Urbanisation and rural development through MGNREGA, CDP, & NRHM,
Copperatives, RRBs, Hospitals, schools, a number of leadership positions with
requisite qualifications come into existence. Since youngmen are drawn from a
number of castes due to meritocracy, dominant castes lose its relevance.
o market economy, spread of literacy, Introduction of adult franchise, land
reforms and panchayati raj (reservation of seats for lower castes) have thwarted
the influence of traditionally dominant castes and empowered ritually degraded
and economically deprived castes. Due to these changes, the employment of the
concept of dominant caste to understand village power structure in
contemporary India is already losing such importance as it may have had in the
past.
o Concept of dominant caste does not capture the alternate situations of
dominance.E.g.
 a numerically weak caste owning most of the land and wealth in a village
or
 a numerically strong caste which is economically deprived and ritually
depressed, with the coming of adult suffrage (numerical strength) &
reservation has become very important. E.g. SCs.
  or a ritually superior caste which is numerically weak and so on. E.g.
Jats make up only 8 % of west UP, and still they are powerful
because they are best organised and economically strongest
peasant castes of the region.

In such situations, it is not any specific caste, but a number of castes will share the
community power. Basically, there is "multiple power structure" in a multi-caste
village or region having different layers and levels of leadership.
 Andre Beteille: Till 1946 a Brahmin ran the village panchayat, but with the land
reforms & adult suffrage, big landowning class has ceased to be an important element
of dominance, & numerically strong non brahmins have become decisive. Now, many
physically powerful non-Brahmin castes such as the Kallars had come to dominate
village politics. Thus, power has shifted much more decisively from the traditional elite
of the village into the hands of the new popular leaders.

Is Indian society moving from ‘hierarchy’ towards “differentiation”?

Illustrate your answer with suitable examples

Hierarchy (ritual ranking) ----------- democracy, egalitarianism,

universalism, equality (land reforms, decentralization, green revolution,
universalization of education, liberalization, globalization)--
Differentiation (secular ranking)
Muddled hierarchy
Asymmetrical (Andre Beteille)
Claims & counterclaims (MN Srinivas)
Suhas Palshikar: Intra OBC Differentiation: Intra-class differentiation: upper strata among
dominant OBC castes have improved in the past 80 years and the lower strata among
OBCs have not yet received any benefit of reservation. Over the last decade, we have witnessed
large mobilizations by lower strata from these dominant castes like Jats, Patels and Marathas
seeking reservations, with some protests turning violent. Deshpande calls them Backward
Forward (socially forward but economically backward).

Describe the issues associated with same sex marriage

 Resistance from religious groups
 Homophobia
 Marriage as sacred institution
  Colonial legacy which outlawed same sex relation: The law that criminalized
“carnal intercourse against the order of nature” was put into place by British
colonial rulers in 1861. Even after the supreme court struck it down in 2018,
many LGBTQ Indians find it difficult to come out and find acceptance in their
traditional families.
 Lack of social approaval & Legitimacy:
 Government: Decriminalisation of Section 377 of the Indian Penal Code does not
automatically translate into a fundamental right for same sex couples to marry, the
Centre’s counsel told the Delhi High Court in an affidavit on Thursday.
  People's Union for Civil Liberties have asserted that sexual minorities in India face
severe discrimination and violence, especially those from rural and lower-caste
backgrounds
 Society: In a 2019 survey, 62% of the respondents said that they didn’t approve
of same-sex marriages. But waiting for societal acceptance might delay marriage
equality, and the right to adopt children, by years. “

Exclusion from motherhood/fatherhood: Single women or men cannot opt for surrogacy,
those who are in stable live in relationships, lesbians or gay couples are excluded,

Role of political elite in democracy?

Beteille refers to political elites, that is, the people in concrete political
structures such as cabinets, parties and legislatures.
Agent of modernity:

DC: settle disputes in village.

Act as reference group

e) What is MTP act? How does recent amendment bring justice to women?
 Q 2 (a) Describe challenges around caste census. Is it a colonial hangover
or an administrative necessity? Discuss.

CASTE CENSUS
1872 Census had a provision to collect information on caste, race and tribe.
1931 Census counted OBCs for the first time.
However, after independence, only census on SC & ST was retained. Therefore, Information
on Schedule Castes (SC) and Schedule Tribes (ST), along with sub-castes and tribes, has
been part of our census since then.

What’s the present demand about?

The demand is to extend census to every person, irrespective of religion and social group. It
means the demand is to include:

 Upper castes
 Extreme backward among backwards (sub-categorisation)
Why so?
Census have socio-economic implications. The more inclusive, updated and representative it is
of the population, the better policies can be formulated by the government.
But don’t we already have data on caste?
Well, we don’t have precise & updated data, specially on OBCs and upper castes.Present
reservation is based on caste census which was conducted in 1931, when India was under
colonial rule, had population of 270 million, and also included present day Pakistan &
Bangladesh.

 Size of population: India’s population has since increased three-fold to 1.21 billion in
2011.
 Land Reforms & transformation: Land ownership that bolstered power of upper castes
has lost its hold. Land fragmentation have turned many upper caste landowners into
marginal farmers.
 Intra-class differentiation: upper strata among dominant OBC castes have
improved in the past 80 years and the lower strata among OBCs have not yet
received any benefit of reservation. Over the last decade, we have witnessed large
 mobilizations by lower strata from these dominant castes like Jats, Patels and Marathas
seeking reservations, with some protests turning violent. Deshpande calls them
Backward Forward (socially forward but economically backward).
Composition of these communities: They are the children of the 1990s marriage of a
liberalising economy with a Mandalising polity, and were born in the 21st century, after both
these processes had fully matured.

Factors driving reservation demands by Dominant communities:

 social forwardness with economic backwardness;
 extreme status anxiety (relative deprivation vis-à-vis OBC, SC or ST groups)
 resentment about reservation-driven mobility of lower castes;
 slowdown of economy, shrinking job opportunities in the private sector and declining or
stagnating incomes in agriculture
 and an awareness of their own electoral clout — drives poorer Jats or Patidars into
movements demanding reservation.
 They demand reservation because they are confident that they can not only bend
the state to their will, but also ensure that no one dares to mock them as “quota-
walas”. Their demand for reservation is more an expression of caste entitlement
than a claim to class disadvantage.

Since we have not had any caste census counting OBCs since 1931, how do we measure these
extremely backward among backward? How do we formulate affirmative action and
development policies without precise data?
Therefore, there is a demand for a new caste census that also measures the economic and
social well-being of all castes.
Also, it is believed that OBCs are underrepresented in the Quota: Most sample surveys have
suggested that OBC groups constitute a significantly greater share of our population—probably
over 40%—than their current quota of 27%. Currently, there is a cap of 50% on reserved seats
for government jobs and admission to central educational institutions.
This demand was accepted by the Centre in May 2011; however, since the 2011 census was
already over, the government included the caste question in its Socio-Economic Caste Census
(SECC). What was the issue with SECC data on caste? It has thrown up 46 lakh castes,
subcastes, clan names. Enumerators have written varied spelling of castes and clubbed many
different castes as ne caste. There are omission and emission errors. Another committees has
been formed to classify the data into neat & clean categories (Rohini commission).
Why Rohini commission?

 OBC membership is large and heterogenous, with vast intra-caste differences in socio-
economic conditions. 
 The 1931 caste census found 52% of Indians were OBC who did not fall in the category
of scheduled castes or tribes. Instead of 52 % reservation, the government adopted the
Mandal Commission recommendation to provide the 27% reservation. There is some
evidence to suggest that better-off groups among OBC castes have cornered a
disproportionately large share of seats reserved for OBCs. Only a few affluent
communities, around 100, among the more than 2,633 on the central list of
OBCs have gained most from the 27% OBC reservation.
 Rohini commission is looking into possibility of sub-classification of various caste
groups among OBCs to ensure equitable distribution of the quota benefit to all. For the
 purpose of sub-classification. In February 2021, the Rohini commission proposed to
divide the 27% reservation for the castes on the Central list into four sub-categories.
PRO-CASTE CENSUS:
Caste defines significant part of our life chance. People still vote on the basis of caste and
religion, expecting that the person or the party they are voting for will work in their favor –
giving them jobs, social status, and opportunities for decision-making.

 Data on castes is an essential tool to analyse and design policies for affirmative action
and redistribution. The availability of data on religion was useful in highlighting the
relative deprivation of minorities, as done by the Sachar committee. The segregation of
Indian society along caste lines in property relations, occupational structure and
human development outcomes is a reality that cannot be wished away. How do you
formulate affirmative action and development policies without precise data?

 There are protests from many castes for reservations. Caste census will help in
analyzing how much progress is achieved with the help of reservations.
 To bridge caste inequalities, a fresh caste census is very beneficial.
 There is also a fear among dominant OBC groups of losing job opportunities, due to
revelation by caste census, which can only be allayed by increasing the overall OBC
quota. It is these dominant caste among OBCs who are demanding expansion of
OBC reservation. These OBC dominated political parties want the caste census to
cover the upper castes as well.
 Data acquired through census will help the upper class understand the intersection of
caste ‘dis-privilege’ and corresponding privilege accruing to some other caste. Only
when they realise how they were privileged, would they be able to empathise with lower
castes who were disprivileged. Studies show the close link between caste and economic
prosperity in India. According to a 2018 research study titled “Wealth Ownership and
Inequality in India: A Socio-Religious Analysis” conducted by Savitribai Phule Pune
University, Jawaharlal Nehru University, and Indian Institute of Dalit Studies, upper
caste Hindus own around 41 percent of the national assets; OBCs own 31 percent
while Scheduled Castes (Dalits, formerly known as “Untouchables”) and Scheduled
Tribes (Indigenous Communities) own 7.6 percent and 3.7 percent, respectively.
 They point out that while the very term ‘caste’ has come to be associated with ‘lower
castes’, the SCs or the OBCs, the upper castes tend to appear “casteless”. They argue
that in order to abolish caste, it is essential to first abolish caste-derived privileges, and
in order to do that, the state must first map both upper castes & lower casts and their
socio-economic status privileges/deprivations, which is what a caste census seeks to
do. Note: In caste census, upper castes are not counted. They should also be counted to
make them aware of their privileges.
 Deshpande: The most powerful and the most pampered minority in Indian society is
composed largely of the upper castes. A caste census will make it visible.
 OBCs are not homogeneous: caste census will enable a detailed enumeration of the
OBCs (Other Backward Classes) and help identify extreme backwards among the
backward. Rohini commission found that 97% of all jobs and educational seats have
gone to just 25% of all sub-castes classified. And 24.95% of these jobs and seats went
to just 10 OBC communities. The commission also said that 983 OBC communities,
one-third of the total, had almost had zero representation in jobs and admissions in
educational institutions. The issue is that these findings of Rohini commission are
not based on any precise caste census. Therefore, the sub-categorisation would
be a meaningless exercise without the caste census that could help the
government understand the exact deprivation levels.
 It is evident that distribution is based mainly on centuries of inequality, exploitation,
privileges, and opportunities. India’s class system is a direct result of the millennia-old
 caste system, and unless there are targeted policies to rectify the inequalities caused by
the caste system, the situation will not change. A fair caste census is urgently required
to alter the socioeconomic status quo in India.
 Without better & more current data, our discourse on caste & affirmative action
remains dominated by decisions made by the colonial administration.
ANTI-caste census:

 Administrative & Logistical issues: Government stand to SC: caste census (except that for
the Scheduled Castes and the Scheduled Tribes done traditionally) was unfeasible,
“administratively difficult and cumbersome”. At the national level, whereas the total
number of castes as per the last caste census of 1931 was 4,147, the SECC-2011
showed the presence of 46 lakh different castes. With no consistent way to aggregate or
segregate same or similar castes with variant spellings, the number of caste categories
ballooned. 
 No constitutional Mandate to provide census figures of OBC and BCCs: unlike in the case
of the SCs and the STs, there is no constitutional mandate for the Registrar-General and
Census Commissioner, India, to provide the census figures of the OBCs and the
BCCs.  There is also fear that a repeat of the 1911 caste census can happen when the so-
called upper castes were declared a social minority.
 Caste census can lead to the emergence of caste associations, a “livening up of the caste-
spirit”), aiming to change their levels in the hierarchy. Pallis in 1871 petitioned to be
classified as Kshatriyas by claiming descent to Pallava dynasty.Numerous caste sabhas
(like Vanniya Kula Kshatriya Sangham) had emerged which were keen to assert the
dignity of the social group which it represents
 This insight was later picked up by Louis Dumont ([1970] 1998) in his discussion of
the “substantialization” of caste identities under modernity.
 MN Srinivas: census does not just jot down numbers but it is also about assigning
rank and prestige. Struggle for status would lead to emergence of caste associations as
agents of social mobility to press for higher status both in census records as well as in
everyday interactions.
 Bernard S Cohn believed that Indian census, rather than being a passive instrument of
data gathering, created by its very method and logic, a new sense of category-identity in
India putting different weights and values on existing conceptions of group identity.
 This engenderes a new form of collective solidarity termed “caste patriotism” by G. S.
Ghurye (1932). Headcount will harden caste identities, lead to social
fragmentation and caste enmities and serve to weaken the Hindu identity. According to
political observers, a caste census will be disadvantageous to a nationalist party like the
BJP, which rides on the idea of Hindu consolidation
 Simple act of asking about caste can create chasm within society. For example, Colonial
census, beginning with first census in 1871, included questions about caste and used
these data to divide & conquer India by first privileging Brahmins as interpreters of
Indian culture and then targeting them as the roots of caste-based oppression &
inequality.
 GS Ghurye: believed that caste census is the source of Anti-Brahmin movements.
 Veena Das: census via the process of recording caste generated a conception of
community as homogeneous and classifiable, and thereby influenced the processes of
political representation. Basically, caste census homogenized hetereogeneous castes
under one umbrella, thereby making political blocs.
 Lack of expertise with Census enumerator: If a caste-related question is included, it
would “return thousands of castes as the people use their clan/gotra, sub-caste and
caste names interchangeably”. Since enumerators are part-timers with 6-7 days of
training and “not an investigator or verifier”, the affidavit states, “it would be difficult to
meaningfully tabulate and classify caste returns.”
  Casteization of politics: Vote-bank politics may increase to a large extent. The 1931
census data was used to create a separate vote-bank in the 1980s by leaders,
who emerged from Jai Prakash Narayan’s anti-corruption movement and led to
the creation of Janata Dal. The new caste census can help political parties to create
a new vote-bank of socially and economically deprived sections (through sub
categorizing of the OBCs). Nitish Kumar has been able to carve such a vote-bank for his
party, the Janata Dal (United) in Bihar.

b) Trace the evolution of civil society in India. What are the contemporary
challenges before it?

Recent times include Aruna Roy (Mazdoor Kisan Shakti Sangathan), Ela Bhatt (Self Employed
Women’s Association), Medha Patkar (Narmada Bachao Andolan) and Anna Hazare (India
Against Corruption).
If strong, vibrant and lively civil society is the foundation of modem open democratic polity,
NGOs are the very life-force for the civil society. Civil society and NGOs seem to go together.
The growing prominence of NGOs in the field of development is strongly related to the declining
legitimacy of the state. Increasingly, the state is looked upon with suspicion if not contempt.
'Good governance' is believed now to consist of two functions:
• facilitating the free play of market forces, and
• enabling decentralised institutions of 'participatory management' to be formed.

(c) Why should a sociologist study Household dimension of Family?

Define Household
STUDY OF HOUSEHOLD

 Helps in invalidating western theory of life cycle of family. According to western

theories, Joint families broke down with industrialization, but AM shah observed that
the hypothesis that
 there has been no unilinear change in household organisation in India. While the joint
household seems to have weakened in the urban, educated, professional class, there
has been an increase in joint households in the majority of the population. This
suggests that the general belief that the joint household is disintegrating in
modern India has its origins in a particular small but vocal class.
 Household studies help in studying urbanization pattern and social composition
of migrants & residents.
 Household studies help in collecting data on types of residences and settlement
patterns. E.g. Andre Beteille observed three types of settlements (Agraharam,
Kudiana, and Cherri)
 Household studies help in understanding the dynamics of family system and
agents breaking down the family as functional unit.
 Household studies help in understanding adaptive process of population with
respect to distress situations like cyclone, flood, demonetization, divorce etc.

Q 3a) Examine Yogendra Singh’s ideas on Middle class in India. Is Indian

middle class homogeneous?
Yogendra Singh: IMC is heterogeneous and divided into UIMC and RIMC: Urban and Rural
Indian Middle class.
Both have dynamic relationship with each other.
Yogendra Singh: IMC is heterogeneous and divided into UIMC and RIMC: Urban and Rural
Indian Middle class.

 RMC also harbour intense antagonism with UMC, entrepreneurs and professional
groups.
 Reason for conflict: Due to stagnation in agricultural development, unfavourable price
policy, fragmentation of landholding, non availability of formal occupation, even the rich
peasants have over the years faced downward mobility. This Post-Green Revolution
underdevelopment in agriculture has alienated Rural middle class from their
Urban counterparts. When new knowledge emerged in the agricultural sector due to
green revolution, it brought technological sensibility among farmers who constituted
rural middle class. It made them sensitive to the need for market & innovation. But
they were frustrated since the innovation could not be reaped due to lack of infra
support.
o there was no adequate electricity supply,
o there was no cold storage facilities where they could stock their produce.
o The rural middle class, therefore decided, to move to the cities which led to aspirational
bulge in India (Middle class). They tried to apply and adapt their entrepreneurial skills
to the new space- urban India. They got linked to the market- their weak linkage to it
was the reason for their exodus from villages. Those who were poor now constitute the
lower middle class. IN his Chanukhera village study, Y singh simply found that instead
of poverty alleviation schemes, villagers wanted the government to create space for
them- build roads, and provide 24 hour electricity so that they could be linked to the
outside world, to the market.
  With Green revolution, Technological and information revolution, we got aspirational
entrepreneurial middle class

Q 3b) (b) What are the problems related to religious minorities in India? Highlight.

Identity (fear of majoritarianism): The minority communities have felt disoriented and displaced due to
their fear of being engulfed by the overwhelming majority. They feel threatened by the proposition of
losing their own identity to the majority religious community.
Security: They increasingly feel alienated from the society at large, due to the deprivation faced by them
as a direct result of discrimination. This has produced an acute impact on the social and economic life of
the members of the minority communities.
Equity: Deprivation of beneficiary job opportunities and quality education has led to the members of some
of these communities to struggle for a minimum standard of living. Abject poverty characterizes the
members of some of these communities.
 rise in the hate crimes against the minority communities in India, including the desecration of places of
worship. Programs like the Ghar Wapsi Movement, have led to the rise of forced conversions in different
parts of the country

Q 3 (c) Covid 19 Pandemic has exacerbated child labor issues in India.

Substantiate.
CHILD LABOR AND COVID 19
The progress to end child labour has stalled for the first time in 20 years, reversing the
previous downward trend that saw child labour fall by 94 million between 2000 and 2016.
Different forms/types of child labour include 

 Child slavery : breaking rocks in a quarry, to working as domestic worker being a child
soldier
 child beggary
 trafficking of children for child pornography or child prostitution and
 forced or bonded labour which leads to exploitation. children in India are subjected to
the worst forms of child labor, including in garment production, stone quarrying, and
brickmaking
Children are driven into this work for multiple reasons:

 Economic crises at home & Family pressure: When families fall into poverty,
experience income insecurity, emergencies, or are affected by unemployment, human
trafficking, conflict and extreme weather events. 
 Lower risk to contract Covid & cheap labor: The children are not just a source of
cheap Labour, but also at a lower risk of getting Covid. 
 Reverse Migration: pushed their children into work to sustain their families.
 Social distancing & Online education are privilege: In India, the closure of schools
pushed children into child labour. They worked to buy smartphones & internet
connection. The risk of school drop-out has significantly increased. Even children who
are attending low cost private schools may drop out. Girls face an even greater risk of
dropping out of school. There were 99 million children in total who dropped out of
school in 2011 (Census data). Because of the COVID-19 crisis around 320 million
children are staying at home due to school closures. Students from classes nine to 12
 have been most severely impacted by this lockdown. More than 130 million children fall
in this bracket. Not all are expected to return to schools when they reopen.
Social composition of CL:

 The children worst affected by the COVID-19 crisis are those of daily wage earners and
casual workers who now have no work, livelihood and earnings. Their families are
vulnerable, having no food reserves.
 Child labor increased to around 200 % among the vulnerable communities (children
from SC,ST, EWS had to work to financially support the family).
 Out of Inter-state migrants 100 million, roughly 20 to 25 per cent are children.
 The prevalence of child labour in rural areas (14 per cent) is close to three times higher
than in urban areas (5 per cent).
 Child labour is more prevalent among boys than girls at every age.

Solutions:

 The Child Labour Act and Child Protection Laws must be fully and effectively
implemented as a matter of urgency. The number of inspections should be increased. If
the existing machinery is not sufficient, the superior officer at the lowest administration
unit (Gram Panchayat/Municipal Ward) must be given the powers of the Inspecting
Authority to implement these Acts.
 Market players should develop self-regulatory mechanisms to ensure that no child
labour is used in the production process or in their supply chains. They should enter
into agreements with the suppliers that include clauses against the use of child labour
in the production of raw materials to the finished product.
 Governments must seek the support of NGOs as equal partners in their endeavor to
abolish child labour and getting every child into school. The initiatives of NGOs working
for the creation of Child Labour Free Zones must be replicated and taken to scale
across the country.
 Governments and international development banks should prioritize investments in
programmes that can get children out of the workforce and back into school, and in
social protection programmes that can help families avoid making this choice in the
first place.”

Q.4) (a) Is wage for housework (WFH) solution to existing disparity in

entitlement? Will it empower women or reproduce status quo? Examine
Before feminism, there was sexual division of labor between instrumental and expressive
roles.

Men were seen as breadwinners: engaged in paid jobs.

Women were seen as caregiver: engaged in caring services.

This relation of production has been analysed by sociologists like:

Ann Oakley: Household promotes alienation & is opposed to self-actualisation of women’s

potential.

Second wave feminism opened multiple opportunities for women in economic and political
sphere but they were not yet free from Household duties which promoted
  Second shift (Hochchild)
 Dual burden (Oakley).

During Pandmeic, time spend on childcare, elderly, & emotional role increased & brought the
old sexual division of labor back into mainstream.

Is payment solution?

 Education & job opportunities should be expanded.

 Sexism should be fought against.
 Safe & secure working conditions should be promoted to encourage fmeinisation of
workforce.
 Existing provisions related to monetary compensation to women should be
strengthened ( For example, Streedhan, haw Mehr, Copercenary rights, free legal aid,
motor vehicle act, community property regime)
 Domestic work should be participative.
 It’s high time we move away from segregated conjugal roles towards joint conjugal roles.

If these solutions are not implemented, wage for housework alone may only reinforce the
gender stereotypes.

(b) What do you understand by LGBTQ? Comment on the issues

concerning their marriage rights.
Marriage is a human right, not a heterosexual privilege’.

the Central government has opposed same-sex marriage on the grounds that marriage in India
is not just a union of two individuals but an institution between a biological man and a
woman. This is when Supreme Court had already decriminalised consensual homosexual acts
and sought a declaration to recognise them under the Hindu Marriage Act (HMA) and Special
Marriage Act (SMA).

They believe that if same-sex marriage is recognised, it would not merely create “havoc” with
“personal laws” but would also lead to “legitimise" a particular "human conduct”

Issues concerning their marriage rights:

 Resistance from religious groups

 Homophobia
 Marriage as sacred institution
 Colonial legacy which outlawed same sex relation: The law that criminalized
“carnal intercourse against the order of nature” was put into place by British
colonial rulers in 1861. Even after the supreme court struck it down in 2018,
many LGBTQ Indians find it difficult to come out and find acceptance in their
traditional families.

Lack of social approaval & Legitimacy:

 Government: Decriminalisation of Section 377 of the Indian Penal Code does not
automatically translate into a fundamental right for same sex couples to marry, the
Centre’s counsel told the Delhi High Court in an affidavit on Thursday.
  People's Union for Civil Liberties have asserted that sexual minorities in India face
severe discrimination and violence, especially those from rural and lower-caste
backgrounds
  Society: In a 2019 survey, 62% of the respondents said that they didn’t approve
of same-sex marriages. But waiting for societal acceptance might delay marriage
equality, and the right to adopt children, by years. “

Exclusion from motherhood/fatherhood: Single women or men cannot opt for surrogacy,
those who are in stable live in relationships, lesbians or gay couples are excluded,

Violence, especially against individuals who identify as transgender, is rampant. Many

LGBTQ people endure discrimination and threats to their safety by family members and
landlords, forcing them to flee their homes.

Whether legal sanction can be accorded to same sex marriages was not an issue that can be
decided by way of judicial adjudication but by the legislature. The jurisprudence of any nation,
be it by way of codified law or otherwise, evolves, based on societal values, beliefs, cultural
history and other factors, it said

Bring out comparison between north and South Indian kinship system.
Illustrate with examples.
North Indian Kinship system
Patrilocal & patrilineal system
Rules of marriage:
Village exogamy (Sasan)
Clan exogamy( sapinda): a man must not
marry anyone from the gotta of his
• Father
• Mother
• Father’s mother
• Mother’s mother.
Upper caste practice 4 gotra rule, while lower
caste follow 2 gotta rule.
Distinction between family of birth & family
of marriage
Descriptive terminology: terms for blood and
affinal relatives are clear.
South Indian Kinship system
Patrilocal & patrilineal system, & in some
areas matrilineal & matrilocal system. E.g.
Nayar, Tiyans, and some Moplas in Malabar
have matrilineal & matrilocal. It is called
Tharawad (consists of woman, her brothers,
sisters, her and her sister’s sons &
daughters. There is no husband-wife, and
father-children relationship in a tharawad.
Rules of marriage: Positive rules
Village endogamy & Clan endogamy: one
must marry a member of one’s own clan in
the same village, and a girl must marry a
person who belongs to the group older than
self, and younger to the parents.Preferential
marriage with elder sister’s daughter, father’s
sister’s daughter, and mother’s brother’s
daughter prevalent in maintaining solidarity
of the clan and upholding of the principle of
principle of return of daughters in the same
generation
No distinction
No special terms are used for affinal
relatives.Terms do not indicate the
distinction.e.g. Attai is used for both Phuphi
and Mami. Mama is used for both Phupha
and Mama.
Resilience of Democracy:

Resilience is the property of a social system to cope, survive and recover from complex
challenges and crises. The characteristics of a resilient social system include flexibility,
recovery, adaptation and innovation.
Democratization processes over the last four decades have created many opportunities for
public participation in political life. More people today live in electoral democracies than ever
before. However, numerous countries grapple with challenges to democracy, contributing to the
perception that democracy is in ‘decline’ or has experienced ‘reversals’ or ‘stagnation. (equated
with factors causing strain in democracy).
Five dimensions or ‘attributes’ of democracy:

 Representative
Government: extent to which
access to political power is
free and equal. This
dimension, related to the
concept of electoral
democracy, has four
subdimensions: clean
elections, inclusive suffrage,
free political parties and
elected government.
 Fundamental Rights: degree
to which civil liberties are
respected, and whether people
have access to basic
resources that enable their
active participation
 Checks on Government:
measures the effective control
of executive power. It has
three subdimensions related
to the concept of liberal
democracy: judicial independence, effective parliament and media integrity
 Impartial Administration concerns how fairly and predictably political decisions are
implemented, and thus reflects key aspects of the rule of law.
 Participatory Engagement extent to which instruments of political involvement are
available and the degree to which citizens use them. It is related to the concept of
participatory democracy and has four subdimensions: civil society participation,
electoral participation, direct democracy and subnational elections.
Challenges to democracy(Factors causing strain):

Backsliding: Subversion of
democracy in a legal fashion.
Levitsky and Ziblatt in their book
How Democracies Die argue that
Many government efforts to subvert
democracy are approved by the
legislatures or accepted by the
courts”. What is legal, they
emphasize, is not necessarily
democratic. E.g. 370 Abrogation,
citizenship amendment, from
preventive detention to farm reforms,
Hindu nationalism, caste politics
and ethnic conflict, Rights violations
in Kashmir, where India snatched
the record for the world’s longest
internet ban from Myanmar, the
conflation of political dissent with
the colonial-era crime of sedition, the
use of anti-terrorism laws to silence
critics, and the China-like control
over citizens that India aspires to,
including with invasive high-tech
surveillance, have all but shredded India’s democratic image. Levitsky and Ziblatt: India’s
democracy is backsliding, not because of the generals and soldiers, but because elected
politicians are subverting democracy.

 Traditional Backsliding: Coup d’etat and Booth capturing

 Modern Backsliding: Manipulation of Election and Executive aggrandizement
Consequences of Backsliding:
The four dimensions of democracy (Representative Government, Fundamental Rights, Checks
on Government and Impartial Administration) might have declined in the aftermath of the
democratic backsliding events. In contrast, the attribute of Participatory Engagement,
measured through the sub-attributes of civil society participation, electoral turnout, direct
democracy and subnational elections, did not suffer a significant comparative change after
countries experienced democratic backsliding.
Factor of resilience: Civic engagement
Crises of Representation: Democracy relies on effective & responsive representation—leaders
who can craft policy solutions for their societies. many citizens question whether traditional
political parties can handle current challenges and crises, and this has increased apathy and
distrust among voters. It has also encouraged many to support alternative paths of political
action—thus triggering the rise of ideologically extremist parties and movements.
Resilience: Responsive & innovative parties with an ideological vision, innovative civic
engagement, and which can democratize decision-making help in restoring trust of masses
towards political system.
Inequality: Inequality undermines democracy. Wellbeing of Marginalised is ignored and power
of wealthy & privileged is increased. Inequality can create imbalances in voice, representation,
opportunity, undermine trust in (and support for) democracy. This kind of alienation can also
increase support for populist and extremist views and violent conflict—particularly among
young people.
Resilience: Democracy is more easily maintained, and will prove more resilient, when wealth
and privileges are distributed in a more or less equitable manner across society
Migration, Polarization, citizenship & multiculturalism: Fuelled by Globalization, climate
change and failure of state, migration poses fundamental challenges to democratic societies on
both the national and local levels. Large migration flows strain democratic institutions’ capacity
to effectively integrate migrants into society, and call into question the extent to which
governments should enable migrants’ political participation and integration. Migration affects
governments’ ability to deliver public services.
Resilience: Social & political inclusion
Corruption & policy capture:  fuel distrust in democratic institutions and actors, and
undermine the integrity of the political system by making the policy process vulnerable to
capture. 
Resilience: by Transparency

Resilience of Democracy provided by:

 Citizen engagement
 Accountability
 Inclusive transition
 Transparency & integrity
 Economic inclusion
 Social & political inclusion

Contemporary democratic theory believes that democracies can be established at low levels
of income, but they survive only at higher levels of income. In the West, universal franchise was
introduced only after societies became rich. India is longest surviving low-income democracy in
history.

Well, then next question comes, how come India, despite being low & middle income, sustained
democracy, whereas in Pakistan & Indonesia, it has collapsed or yet to stabilize. After
decolonization, India was predicted as a dictatorship during the entire period 1950-90
mainly because India had illiterate masses and poor income. India turned out to be the
biggest exception on the low-income end. Robert Dahl, the world’s leading democratic
theorist after the Second World War, called India the greatest contemporary exception
to democratic theory. Similarly, Singapore is the greatest surprise on the high-income side
(Singapore “had a 0.02 probability of being a dictatorship in 1990” (p.87), but it is
authoritarian till today)

If Gandhi was father of India as Nation, Nehru was father of India as Democracy. Nehru
Nurtured the troubled childhood of democracy.
Keys of post-independence democratic consolidation:

 Congress party (One party Dominance)- Congress System (Rajni Kothari)

 Primacy of constitution
 Civil liberties & individual rights
 Pluralism: Minority rights
 Supreme court
 Election commission
 Political parties as democratic drivers.
Ambivalence of Indian Democracy (Electoral & Non-electoral)

 During Elections: Even the most marginal citizen courted at the time of elections (turn
out among the poor and underprivileged higher than among the middle classes and the
rich since 1989). Celebration of modern citizenship.
Health of democracy should not be measured only by election practices. Elections alone cannot
be equated with democracy. Electoral democracy means representative government based on
election, on electoral vote, as modern occidental or liberal democracies. Democracy is
measured by a composite index and therefore, what happens between the elections is as
important as during election. The overall judgement depends partly on elections, and partly on
what the elected governments do between elections.
  Between elections: the powerful access the state; whereas the average citizen is
helpless unless mobilized and organized, weak accountability of state between elections,
corruption, Celebration of clientelism; negation of citizenship. This is democratic deficit.
We require deepening democracy. Democracies do not charge peaceful protestors with
sedition, do not have religious exclusionary principles for citizenship, do not curb press
freedoms by intimidating dissenting journalists and newspapers, do not attack
universities and students for ideological non-conformity, do not browbeat artists and
writers for disagreement, do not equate adversaries with enemies, do not celebrate
lynch mobs, and do not cultivate judicial servility.
These are all signs of creeping authoritarianism, not of democratic deepening. Elections alone
cannot define what it means to be democratic.
India’s democratic exceptionalism is now withering away. Fall of democracy through Military
coups were quite common in the 1960s and 1970s. “Since the end of the Cold War, most
democratic breakdowns have been caused not by generals and soldiers but by elected
governments themselves” (Steven Levitsky and Daniel Ziblatt) in their book How
democracies Die. This is called as Democratic backsliding : a concept to depict democratic
erosion led by elected politicians, often quite legally.
The world’s largest, most populous democracy is now regularly described as authoritarian. The
US-based Freedom House’s “Freedoms of the World” index categorises India as only “partly
free”; the Swedish V-Dem calls India an “electoral autocracy”; others lump India with Hungary,
Turkey and the Philippines, where authoritarian leaders rule the roost.
Another view:

 cultural relativism — the “Indianness of India’s democracy”— “as India becomes ever
more democratic, democracy will become ever more Indian in its sensibilities and
texture” .Our democracy is not a western institution. It’s a human institution. India’s
history is filled with examples of democratic institutions. We find mention of 81
democracies in ancient India
 Indian democracy has become subject to international gaze at a global assembly where
it is apparently required to make commitments adhering to “western” standards of
democracy while claiming there is an Indian model.
 President Xi Jinping told him there was no “uniform model” of democracy, and that
dismissing other “forms of democracy different from one’s own is itself undemocratic”.
And no one has explained yet what normative model countries including India, China,
Iran, Russia, and the Central Asian “stans” are using when they demand that
Afghanistan should become a gender and minority inclusive country. If democracy is to
be defined by cultural relativism, the Taliban could well advance its own version.
EWS is casteless avatar of caste:
the introduction of a 10 per cent quota in 2019 for economically weaker sections (EWS) has
altered the standard definition backwardness to include upper castes who were not necessarily
socially and educationally backward. By setting an income limit of Rs 8,00,000 per annum,
below which households are classified under EWS, the government made this quota accessible
to about 99 per cent of the upper castes – not just the poor. For Ashwini Deshpande and
Rajesh Ramachandran, it “completely overturn[ed] the original logic of reservations on its head:
“By stipulating a quota for non-SC–ST–OBC (Other Backward Class) families earning Rs.
8,00,000 or less, the government is effectively creating a quota exclusively for Hindu upper
castes who are not in the top 1% of the income distribution. This means that despite being
presented as a quota on economic criteria and not caste, the reality is that this is very much a
caste based quota, targeted towards castes that do not suffer any social discrimination.”