Professional Documents
Culture Documents
Indological - Scriptural
Sociological- Stratificational
Socio-anthropological-Cultural
Closed corporation-Senart
Kroeber defines caste as ‘an endogamous and
hereditary sub-division of an ethnic unit occupying a
position of superior or inferior rank or social esteem in
comparison with other such sub-divisions’.
lives
1. Particular Universal
2. Ascribed Status Achieved Status
3. Closed System Open System
4. Divine Origin Secular
5. Purity and Impurity Feeling of Disparity
6. Conservative Progressive
7. Endogamous Not endogamous
8. Complexity Simplicity
The Caste System
The ideal of the caste system was a four-fold division
of classes-the priestly and scholar class called
Brahmins, the warriors and administrators called
Kshatriyas, the trader and merchant class called
Vaishyas and those supposed to serve the upper three
classes called the Shudras.
Self-inflicted disability
Mechanical existence
•Caste is a social manifestation of forces of production
-A.R. Desai
2.The Nobility
3.The Bourgeoisie
a caste or sub-caste
•Refusal to fulfill a promise of marriage
•Non-payment of debt
Muslim Caste hierarchy
They differ in ethico-religious ideas-
•Ashraf
•Ajlaf
•Arjal
(1881)
‘ No court would wish to interfere with those
domestic rules and laws which regulate and control
the relations between the members of a caste. On the
contrary, the tendency would rather be to
countenance and protect them.’
Fixing of standards
The courts would entertain claims only:
1. That the decision of a caste tribunal had not been
arrived at bona fides
2. That the decision was taken under a mistaken
belief
3. That the decision was actually contrary to the
rules or usage of the caste
4. That it was contrary to natural justice
Devchand Tolaram v. Ghaneshyam, A.I.R. 1935
Bom.361
‘ The caste was recognized as a corporate body
with the right to prescribe and enforce its own
religious doctrine, ritual, and leadership.’
Section 9 of the Civil Procedure Code, with its bar on judicial
cognizance of ‘caste questions, is still in force.
Article 26 guarantees to every ‘religious denomination or
section thereof’ the right to establish and maintain religious
and charitable institutions, to own and administer property and
to ‘manage its own affairs in matter of religion’.
Thus the Supreme Court has found that the Gowda Saraswat
Brahmin community is a religious denomination.
-Sri Venkataramana Devaru v. State of Mysore (A.I.R. 1958
S.C., 255 at 263).
In another important case the Supreme Court held that the
power to excommunicate for infractions of religious discipline is
part of the constitutional right of a religious denomination to
manage its own affairs in matters of religion.
-Saifuddin Saheb v. State of Bombay ( A.I.R. 1962 S.C., 853).
It has been argued that caste groups may merit protection
afforded by Art. 29(1) which provides that "Any section of . . .
citizens . . . Having a distinct language, script, or culture of its
own shall have a right to conserve the same.“
Are castes cultural groups? (Art. 29(1) has never been before
the courts independently, but only in the context of the
assertion of rights under the Art. 30(1) which provides that "all
minorities, whether based on religion or language, shall have
the right to establish and administer educational institutions of
their choice.
Nations.
•Laws issued by the Constitution of India.