CHAPTER I

INTRODUCTION
 INTRODUCTION

The origin of Varna and Jati is usually associated with the advent of Aryans on

the Indian soil. There is no research finding that they existed prior to that or within the

Dravidian society. This probably explains antagonism to Brahanism as representing

conquering Aryans and the claim of some groups to the designation of Adi-Dravidas in

Tamil Nadu.

As social institution, Varna and Jati have undergone changes but have shown

the rarest of resilience to survive. They have survived the major political upheavals,

invasions by Alexander, Genghis Khan, Timur, Ghazanavi and Nadir Shah. They have

withstood the onslaught of anti-Caste religions- Buddhism, Jainism, Christianity, Islam

and Sikhism; Neither the Upanishadic metaphysics nor the Advaita Bhakti Philosophy

preached by saints all over India had any serious impact on them. The reformist movement

of the 19th century, such as Brahmo Samaj, Arya Samaj or Prarthana Samaj have not

made any appreciable dent on them.

Western ideas to liberal democracy and equality or the principles of social

justice (of socialist creed) could hardly push them into background. Mahatma Gandhi’s

message of Love, tolerance and conversion of heart has harldy motivated anybody to

come out of Caste barriers! Conversions to Christianity or Islam and even conversion of

Dr. B.R. Ambedkar (and his followers) to Buddhism, did not make the Caste system

irrelevant. It only created a new Caste neo-Buddhists.

Prohibition of discrimination on the ground of Caste imposed by Articles 14, 15

and 16 of the Constitution and its enforcement for the last 55 years has hardly led to the

establishment of a Casteless Society or to any significant step in that direction. In spite of

abolition of Untonchability by Articlel7, the dragon is still at large, Infact, atrocities on the

Harijans are on increase.

 Except for family (which is a natural institution), no other institution known to

human civilization has shown such a strong instinct to survive and dominate. The Caste

system, in true sense of the term, is sui generis.

Ancient Hindu society, ordered on the model of Manu’s dictum showed complete

subservience of the law to the Caste system. Law not only helped to maintain the status

quo of the Caste divisions but contributed to their further creation, consolidation and

efficacy. Islam as a religious system provides a Casteless social order in theoretical

framework, but in practice it appears that Muslims as a community, have accepted the

influence of Hindu Caste system.

The Constitution, on the otherhand, aims at establishment of a more equal and

just social order. The Constitution has established (ateeast theoretically) the supermacy

Of Law. It is itself a fundamental Law. The social order is what the organic law preserves.

It prohibits continuation of certain institutions and practices, which are contrary to

establishment of a just and equitable social order. All agencies of State, including Courts,

are to translate the basic plan of the Constitution in concrete measures. There are

long-term measures and short-term actions. The notorius tenacity of Caste-system (in

dominating the social life) has rendered the problems of social engineering too tardy and

difficult.

How to reconcile organised Caste claims for political domination with the

long-term goal of a casteless society ? How to achieve equality when the ringing cry is for

equalisation ? How to break narrow Caste considerations in personal matters such as

marriages? What is the formula for making public, opportunities for education and for

public service available to those, who were denied the same for ages? But a more

fundamental question is how to resolve these controversies peacefully within the framework

of law and by known legal methods of resolving disputes? How to stop extra-Constitutional

and extra-legal eruptions into Caste riots and atrocities? They threaten the very existence

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 of a Constitutional and legal order.

These problems are socio-legal problems. We may, therefore, note how the

sociologists analyse them.

The main features of Varna are

1. There are only four Varnas- Brahmana, Kshtriya, Vaish and Shudra. If

Harijans who are literally beyond the "pale of Caste", are included, they

are five;

2. There is a single all-India hierarchy, without any variation between one

region and another;

3. The hierarchy is clear; and

4. It is immutable.

This hierarchical pattern is a hall mark of Caste system also.

According to one theory, the various Castes are creaited by marriages between

two Varnas of different hierarchical order. Whatever its original theory, Caste are hereditary,

that is, by birth. They are endpgamous groups. That is, the marriages take place in the

same Caste. Each of these groups has a traditional association with one or two

occupations. Everywhere there are priests, peasants, artisans, trading and serving Castes

and Untouchables. In its fundamental characteristics, Caste, is undoubtedly an all-India

phenomenon. The origin of Varna and, therefore, of Castes is traced to the sacred religious

books like the Vedas and the Gita. Certain Hindu theological ideas, such as Samsara,

Karma and Dharma are woven in the Caste system.

According to the Varna modi, the Harijans or Untouchables are outside the

Caste system and contact with Harijans pollutes members of the other four Varna. But if

economic, social and even ritual relations between the Castes of a region are taken into

account, Harijans are an integral part of the Caste system. They perform certain essential

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economic tasks in agriculture; they are often village servants, messengers and sweepers;

and they beat the drum at village festivals and remove the leaves on which people have

dinned at community dinners. Infact, the relations between various Castes are invariably

expressed in terms of this idea of pollution and purity.

Among the Castes the Brahmanas are given a very elevated position. As against

the Brahmanas, Shudras are given the lowliest status in society. He had to serve the

twice-born Castes, and under the Smriti-laws has no identity of his own. He is to use the

cast-off shoes, umbrellas, garments and mat discarded in his favour by his master1. What

is worse, a Smriti-rule even goes to the extent of making it the responsibilty of a Shudra to

maintain his master of the highest Caste if he falls into distress2. His accumulated savings

are meant to serve this purpose3. Slavery is reserved for Shudras. The Shudras appear to

have been relegated to a position of abject humiliation4. A Shudra whether bought or

unbought may be compelld to serve the twice-born, for ”he was created by the seif-existent

Swayambhu to be slave of the Brahmana”5. Even though he is emancipated by his master

he is not released from servitude since that is innate in him6.

The Castes had fully developed in the Upanishadic age (700 B.C.). in the

Ramayan age (2000 to 700 B.C.) there were various occupational Castes. They had their

own Caste feelings. In the age of Mahabharat (2000 to 700 B.C.) the Varna Vyavastha

was practically more complex. K.M. Pannikar observed that structure of society in the

Mahabharat is based on Caste but the difference betwen the Ramayan and Mahabharat

in this matter is most significant. In the Ramayan, Rama is bound by his Kshatriya duty to

kill a Shudra who performs tapas or asceticism and though with reluctance he performs

his duty7. In the Buddhist period, occupational Castes had also been well established.

There was also a Dass Pratha in Buddhist age. Both men and women were included in

Dass Pratha. The Chandals regarded the lowest beings used to live outside the village.

Their main duty was to burn dead bodies of other Castes. The seeing of a Chandal was

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enough to pollute a man. The Chandals are named ‘Evil Men’ and dwell apart from the

others, if they enter a twon or market, they sound a piece of wood in order to separate

themselves, then men, knowing who they are, avoid coming in contact with them8.

Besides, Chandals, many other lower Castes had been formed. Thenemerged

Untouchability which was the outcome of the struggle for supermacy between Buddhism

and Bramanism9. With the decline of the Buddhist age, foreign forces had started

invading India. During the Muslim Rule the Castes assumed greater rigidity. The Caste

system gave way to the Muslims for their success, in conquering India and ruling this

nation for a long time. Numerous Castes were evolved in Muslim age10.

The social organistion of the Hindus inherited from the Pre-British period had

many oppressive and undemocratic features. The segregation of a section of the

Hindus as Untouchables, who were precluded from such elementary rights as the rights

of entry to public temples or of the use of public wells and tanks, and the physical touch of

whom contamination a member of the higher Castes, constituted a most inhuman of

social oppression. Though the Untouchables were the outcastes of the Hindu Society,

they were its prescribed part11. Untouchability was the social fruit of the Aryan conquest of

India. In the process of social interaction, a portion of the indigenous conquered

population was incorporated in the Aryan Fold12. For Centuries, Untouchability persisted

in the Hindu Society. Even extensive and profound humanitarian and religious reform

movements such as started by Buddha, Ramanuja, Ramanand, Chaitanya, Kabir, Nanak,

Tukaram and others, hardly affected the inhuman and age long institution of

Untouchability. Hallowed with tradition and sanctified by religion, it continued to exist in

all its barbarous vigour for centuries13.

History has known Hierarchically Graded societies of various types in different

epochs and among different people. All these societies were based on social privileges

and inequalities. However, no hierarchically graded society can compare with the Hindu

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 society in its extreme gradation of ranks and inequalities of rights. Hardly any society

condemned its section to physical segregation as the Hindu society did in the case of its

Untouchables14. The mere physical touch of an Untouchable was a sin, an abomination15.

They had no right to study or enter a temple. They had to reside in a separate area in the

village or town and had no freedom to use public wells and tanks which the Caste Hindus

used16. An Untouchable was punished for a crime, by the law of the Hindu State or the

village tribunal composed of the Caste Hindus, more drastically than a Caste Hindu who

committed the same crime17. This social oppression of the Untouchables had religious

sanction18.

In every part of India, there were terrible forms of Untouchability. The Mahars,

who form the main Untouchable Castes of Maharashtra, were assigned the duty of

protecting the village. To pick up the dead bodies of animals was their only right. The

Mahars were called ’Ati-Shudras’. In the reign of Sawai Madhava Rao, they were prohibited

from getting performed their marriage Sanskars by a Brahmana Priest. They could not

enter the Hindu Temples19. Russell’s analysis of ill-treatment towards the Untouchables in

Maratha rule has been quoted by Ghurye who described, that under the rule of Marathas

and Peshwas, the Mahars and Mangs were not allowed within the gates of Poona between

3 P.M. to 9 A.M. Because, before nine and after three their bodies cast too long shadows

which falling on a member of a higher Caste especially Brahmana, defiles him. The Mahar,

might not sit on the road lest a pure Caste Hindu should be polluted by touching it with his

foot but had to carry an earthen pot hung from his neck, in which to spit. Further, he had

to drag a thorny branch with him to wipe out his foot prints and to be at distance possible

Pn the ground for a Brahmana passed by so that his foul shadow might not defile the Holy

Brahmana20.

It is surprising to observe that the Mahars else where as in Maharashtra, in

spite of their bright military career were also treated as Untouchables. However, the Mahar

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Caste was the dominant majority Caste amomg the Untouchables in Maharastra. Because

of organisation and historical background they could exert their influence on the socio­

political life of Maharashtra. They were in the armies of Marathas, Muslims, Mughals,

British. But during these periods they could maximum become only Sardars (Chieftains)

and not Rulers21. After taking over of power by the Peshwas from Marathas in the

Maharashtra and elsewhere, the Mahars were denied the right of joining military services

in Eighteenth Century22. The Mahars were not only denied the military sevice, but they

were also subjected to many restrictions and prohibitions. The concept of Untouchability

was rigorously imposed on them by the Peshwa Rule23.

In Maharashtra, Mahars and Malavar, even the shadow of an Untouchable was

sufficient for polluting a man of higher Caste. The Tuditepar of Malavar and Sanors of

Eastern shores could not bear gold ornaments, nor could use umbrellas and were even

prohibited from speaking the pure language of the State. There was pitiable condition of

Untouchables of Malavar. Their houses were named on the basis of Caste. A man of low

Caste could not describe his house by a good name in the presence of Nambudri Brahmana

except a dung heap24. They could bear nothing except unclean clothes and iron-ornaments.

It has been described in the Census Report of India (1891) that “the men and women of

Tiyana Caste and of other low Castes could not bear clothes. The women were forced to

keep open the half of the upper portion of their bodies........” They could not beat drums on

the occasion of death or marriage. They could not put shoes and sandels, nor could they

white-wash their houses25. In Garhwal region the Dorns (the village sarfs) were not permitted

to use and befoul water meant for their (Caste Hindus) bettery. They had separate quarters.

They could not wear clothes below the knee26.

Ordinarily, the conditions of Untouchables were very deplorable and degraded

throughout India, yet particularly in South India, they were inhumanly treated by the Caste

Hindus. Gradually, the Brahmanas reached such a height of respect as they could force a

7
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 man to get down from vehicles. No one could be found in the way whenever any Brahmana

passed through77.

In the course of time, civil and religious disablilities to lower Castes and privileges

to higher Castes developed in the social system.

Dr. B.R. Ambedkar as he was born an Untouchable and was destined by the

tenets written by Brahmanas to remain so till death, and suffer humiliations because of this

Cate-prejudice. He was, therefore, a rebel against the Hindu social milieu in this country

and embraced Buddhism. Social democracy to which India is wedded envisages a way of

life and demands social and political environment by which every individual has a right and

opportunity to bring about the developments of his ideas, his personality and aptitude

consistent with similar rights and opportunities vested in others. That creates a spirit of

tolerance and respect for others. The difficulty in India is that instead of the individual being

treated as a unit it is the group in which he is born and to which he belongs, viz. Caste,

religion, region, language which determines his status in society. These group units thrive

in our country and therefore there are group rivalries, jeolousies and fights amongst them

and each group struggles to be superior to the other. If an individual is a unit and if Castes

are abolished, group rivalries will lose efficacy and there will be an abiding sense of national

unity. But alas ! that day is yet to come. Dr. Ambedkar fought for Human Rights and Social

Democracy till the end but never saw his ideals take life.

Dr. Ambedkar has spoken and written against the Hindu Social Order which is

based on graded inequality with superiority of few and degradation of many. According to

him this cannot continue for long and if this ambivalent state of society continues, those

who suffer from inequality will blow up “the structure of political democracy”. Politics cannot

become the monopoly of few and others cannot remain either beasts of burden or prey.

Dr. Ambedkar vehemently attacked the theory of birth, death and reward and reincarnation

which according to popular Hinduism is bound up with the development of Caste system.

8
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The theory is that the Castes in which the person is born is a sign of reward or punishment

due from his action in previous births and that it is a pattern of divine justice. He lashed

out against this treacherous theory of Varnashram and rebirth based on inequality of

Caste system. The capacity of man to shape his own destiny is not recognised in this

system; such inequalities cannot establish a healthy society. There cannot be real unity in

this country unless the Caste system is abolished.

To facilitate the present study, the whole work is divided into different chapters

to achieve logical coclusions and suggestions for identifying in the means to eradicate

Caste.and strengthen the forces striving to facilitate the birth of a new, humane social

order that emphasizes the oneness of all on the basis of systematic study.

Chapter - I is Introduction. It contains the historical (Socio-Economic and

Political) situations, especially in relation to the lower strata of the Indian society, the

origin of Varna, Jati, Caste and their relationship, the purity-pollution concepts, impact of

reform movements and Dr. B.R. Ambedar’s experience as an Untouchable have been

depicted.

Chapter - II of the work has been devoted to the study of Hindu Caste Society

within the frame of religious, social and contemporary perspective by taking into account

the concept of Caste, Casteism and the factors favouring and unfavouring it in India and

their mutual relationships on the basis of Hindu religious literatures and sociologists'

explanations. The chapter also highlights the Hindu Caste Society, its significance in

Buddha religion and social relationships, Dr. Ambedkar on Varna System, Shudras,

Untouchability in the context of Human Rights and the various movements of religious

reforms has also been discussed.

Chapter III entitled - Muslim Caste Society deals with the Caste, Social systems

during Prophet’s time and in modern Islamic society. An effort has been made to examine

the Hindu Caste system and Social hierarchy with their counterparts in Islam and Islamic

.9.
 egalitarianism comparatively. This chapter also analyses The Holy Quranic Doctrines,

Hadith, Sunnah and Islamic provisions for the human rights.

Chapter IV has attempted to discuss the Caste and Law during British

Administration of Justice. The impacts of European Civilization and British Adminsitration

on the Indian social order and Dr. Ambedkar’s view on the Hindu social setup has also

been analysed.

Chapter V deals with the Caste, Social Justice and the Indian constitution. It is

a known fact that the Constitution of India doesnot recognise Caste as it does not prefer

any body on the basis of Caste and stands for Casteless society. It also deals with the

provision of reservations as enshrined in Articles 15 and 16 of the Constitution, the

implementation of Mandal Commission Report, its subsequent impacts on different State

Public Services Commission and the abolition of Untouchability under Article-17 of the

Constitution. This chapter also deals with Dr. Amedkar's philosophy regarding religion,

humanism, nature, science, morality, humanity, social problems, liberty, equality, fraternity,

justice, peace and Parliamentary democracy etc. and his role in the making of the

Constitution of India.

Finally, in the last chapter, the out come of the thesis is available under the

caption Conclusions and Suggestions. In this chapter an effort has been made to draw

the conclusions based upon the observations in the light of the preceeding pages and

then to offer a few suggestions for consideration to the people of India in general and for

the Law Reformers, Legislatures, Social Organisations, Politicians, Academicians and

the Courts in particular. It is still a moot question whether these suggestions are in tune

with the tempo of time and would lead to proper balancing of individual interests with that

of the social interest in the protection of Liberty, Equality, Fraternity, Justice, Peace and

Parliamentary Democracy with minimum friction and minimum waste by keeping in mind

the cherished aim of our Constitution which stands for egalitarianism and Casteless society.

.10.
 REFERENCES

1. Gautam DharmSutra : X-58.

2. Id. at 62.

3. Id. at 65.

4. Banerjee, S.C. Dharam Sutras : A Study in their Origin and Development (ed.

1st, 1962, Calcutta) p.201.

5. Manusmriti: VIII, p. 413.

6. Id. at 414.

7. Pannikar, K.M., A Survey of Indian History (1963, Bombay) p. 16.

8. Beal Samuel, SI-YU-KI Buddhist Records of the Western World (1981, Delhi)

p.XXXVIll.

9. Ambedkar, B. R., The Untouchables (1948, New Delhi) p.204.

10. Malley, L.S.S.O., CIE, ICS (Retd.), India’s Social Heritage (1976, New Delhi)

11. Desai, A.R., Social Back ground of Indian Nationalism (1959, Bombay)

12. Id. at 263-64.

13. Ibid.

14. Ghurye, G.S., Caste and Race in India (1969, Bombay) p. 142.

15. Supra, Note 11 at 264.

16. Ibid.

17. Ibid.

18. Ibid.

19. Sagar, S.L., Hindu Culture and Caste System in India (1975, Delhi) p.92.

20. Ghurye, G.S., Caste and Class in India (ed. Ilnd, 1957, Bombay)

21. Kamble, N.D., Deprived Caste and their Struggle for Equality (1983) P.17.

22. Supra, Note 20 at 166-167.

23. Ibid.

.11.
24. Logan, Malavar: Vol. I, p.85 quoted by D.S. Ashok, Dr. B.R. Ambedkar’s

Thoughts and Role in the Nation Building (ed. 1st, 1997, Mathura) p.13.

25. Census Report, 1891.

26. Gazetteer of Garhwal - British Garhwal, Volume XXXVI by H.G. Walton, I.C.S.

1910/1989. pp. 62, 64, 65, 66 and 70, Supra, Note 24 D.S. Ashok, Ibid.

27. Supra, Note 19 at 95.

.12.