Showing posts with label Caste system in India. Show all posts
Showing posts with label Caste system in India. Show all posts

Wednesday, 20 January 2016

The Caste System In India


( This is an old post on my blog justicekatju.blogspot.in which I am reposting in view of the agitation following the suicide of a dalit youth )

The caste system is one of the greatest social evils plaguing our country today. It is acting as a powerful social obstruction to our progress, and a political divisive force in our country at a time when it is absolutely essential for us to be united if we wish to face our nation’s challenges. It is a curse on our country which must be  eradicated if we wish to progress.

 We may consider a few facts to realize how strongly caste is still entrenched in our society today.

1.Our politics is largely governed by caste vote banks. When the time comes for selecting candidates for the elections a study is made of the numerical caste distribution in a constituency, because voters in most areas vote on caste basis.

2.What to say of the illiterate people, even the so called intellectuals tend to operate on caste lines. Thus, in the elections to many bar associations the lawyers tend to vote for the candidates of their caste. In many of our Universities, our Professors support their caste members in various matters.

3.Many castes want to be declared as O.B.C.s or Scheduled Castes, to get the benefits of reservation. Even some O.B.C.s strive to be declared as M.B.C.s (most backward castes) or Scheduled Castes.

4.Fake caste certificates have become rampant, as is often witnessed in our law courts, to get jobs or admissions in educational institutions.

5.Marriages are still largely performed within one’s caste.

6.Violence often occurs between castes, as was noticed in the recent fight between students of different castes in a University in Chennai, while the policemen looked on as silent spectators.

7.Even Muslims, Christians and Sikhs often have castes, although their religions preach equality.

We can multiply these facts manifolds. Many books and articles have been written about the caste system in India, but a scientific study is still wanting. An attempt shall be made here to explain the origin, development and future of the caste system.
Origin of the Caste System

 The origin of the caste system was in all probability racial.  It is said that caste originated when a white race, the Aryans, coming from the North West, conquered the dark coloured races inhabiting India at that time, probably 5000 years ago or so.

 Some persons deny that the Aryans came from outside India and assert that India was the original home of the Aryans (Aryavarta) from where a section of them migrated to Europe.  It is difficult to accept this view because people migrate from uncomfortable areas to comfortable areas (see my article ' What is India ?' online and on my blog).  Why should anyone migrate from a comfortable country like India which has level and fertile land ideal for agriculture to a place like Afghanistan or Russia which is cold, mountaneous and therefore uncomfortable.  Indian history bears out the view that almost all invasions/immigrations were from outside India (mainly from the North West and to a lesser extent from the North East) into India.

 The caste system is called `Varna Vyavastha’ and the word `Varna’ in Sanskrit literally means colour of the skin. This also points at the racial origin of the caste system. Fair skin colour is usually preferred to darker skin even today, as is evident from matrimonial advertisements, etc.

Subsequent Development of the Caste System

 While the origin of the caste system appears to be racial (as mentioned above) it subsequently developed an altogether different basis according to the needs of the feudal society in India.  In other words, the caste system, though originating in race, subsequently developed into the feudal, occupational division of labour in society.  This needs to be explained in some detail.

 In theory there were only four castes, Brahmins, Kshatriyas, Vaishyas and Shudras. This, however, was only a fiction. In reality there were (and still are) hundreds, if not thousands, of castes and sub-castes in India many of which do not fit into the 4 traditional castes mentioned above e.g. Yadavs, Kurmis, Jats, Kayasthas, Bhumihars, Gosains, etc. Every vocation became a caste. Thus, in North India badhai (carpenter) became a caste, and so did lohar (blacksmith), sonar (goldsmith), kumbhar (Potter), dhobi (washerman), nai (barber), darzi (tailor), kasai (butcher), mallah (fisherman), kewat (boatman), teli (oil presser), kahar (water carrier), gadadia (sheep herder), etc.

 This was not something unique to India. For instance, in England even today there are many people with the surnames Taylor, Smith, Goldsmith, Baker, Butcher, Potter, Barber, Mason, Carpenter, Turner, Waterman, Shepherd, Gardener, Miller, etc., which indicates that the ancestors of these persons belonged to those professions.

 In feudal society, apart from agriculture, there was development of handicraft industry. This happened in India too, and the caste system became the Indian variation of the feudal occupational division of labour in society, somewhat like the medieval European guild system.

 As pointed out by Adam Smith in his book `The Wealth of Nations’, division of labour results in great progress. The caste system in India resulted in great development of the productive forces, and hence in the feudal age it was a progressive institution (as compared to the preceding slave society).

 It is well known that before the coming of the British, India was one of the world’s most prosperous countries (at that time).  India was exporting Dacca Muslin, Murshidabad silk, Kashmir shawls and carpets, ornaments, etc. apart from agricultural products like spices, indigo, etc. to the Middle East and even Europe.  The discovery of Roman coins in several parts of South India show the great volume of trade from India, which shows the great development of the productive forces in feudal India.  In fact India was once a super power with a 31.5% share in the global gross domestic production, which came down to 3% in the year 1991.

The Destruction of Handicraft Industry in India

 It is estimated that before the coming of the British into India about 40% of the population of India was engaged in industry while the rest of the population was engaged in agriculture. This industry was no doubt handicraft industry, and not mill industry. Nevertheless, there was a very high level production of goods in India by these handicraft industries before the coming of the British, and many of these goods were exported often up to Europe, the Middle East, China, etc. e.g. Dacca Muslin, Murshidabad silk, and other kind of textiles, spices etc.

 A rough and ready test of the level of the economic development of a country is to find out how much percentage of the population is engaged in industry, and how much in agriculture. The greater the percentage of population in industry and lesser in agriculture the more prosperous the country. 

Thus, the U.S.A., the most prosperous country in the world today has only about 2 or 3% of its population in agriculture, while the rest is in industry or services.

 India was a relatively prosperous country before the coming of the British because a high percentage of the people (which could be up to 40%) was engaged at that time in industry (though no doubt this was handicraft industry, not mill industry). Thus, Lord Clive around 1757 (when the battle of Plassey was fought) described Murshidabad  (which was then the capital of Bengal) as a city more prosperous than London, vide `Glimpses of World History’ by Jawaharlal Nehru (Third Impression p.416, chapter entitled `The Indian Artisan goes to the wall’).

When the British conquered India they introduced the products of their mill industry into India, and exorbitantly raised the export duties on the Indian handicraft products. Thereby they practically destroyed the handicraft industry in India. The result was that by the end of the British rule hardly 10% or even less of the population of India was still in the handicraft industry, and the rest of those who were earlier engaged in the handicraft industry were made unemployed. In this way about 30% of the population of India who were employed in handicraft industry became unemployed, and were driven to starvation, destitution, beggary or crime (the thugs and ‘criminal’ tribes were really these unemployed sections of society). As an English Governor General wrote in 1834, `the bones of the cotton weavers are bleaching the plains of India’. At the end of the British rule, India, which was one of the most prosperous countries in the world, became one of the poorest, unable to feed itself, with industrial development stalled (as the British policy was to not permit industrialization of  India), low life expectancy and very low literacy rate. As Angus Madison, the Cambridge University historian points out, India’s share of world income fell from 22.6% in 1700 to 3.8% in 1952.

 In this connection it may be noted that in the revenue records in many states in our country one often finds recorded: ‘A son of B, caste lohar (smith), vocation agriculture’; or ‘C son of D, caste badhai (carpenter), vocation agriculture’, or ‘E son of F, caste kumhar (potter), vocation agriculture’, etc. This indicates that the ancestors of these persons were in those professions, but later they became unemployed (although ostensibly they were shown as agriculturists) as British mill industry destroyed their handicraft. Some people think that if the British had not come into India an indigenous mill industry would have developed in India, because the high development of handicraft industry leads to capital accumulation which is the pre-requisite for industrialization, and India would have become an Industrial State by the 19th Century, like North America or Europe, but it is not necessary to go into this here, as there is no use crying over spilt milk.

 In England and other European countries, too, the handicrafts were destroyed by the mill products, but the handicraftsmen got employment in the mills, whereas in India the British policy was to prevent industrialization of India (see Rajni Palme Dutt’s `India Today’) with the result that the millions of handicraftsmen either starved or became beggars or criminals. The Thugs of India or the `criminal tribes’ were those former handicraftsmen who became unemployed.
Handicraft Industry and Mill Industry

 In the feudal period there were no engineering colleges or technical institutes, and the only way to learn a craft was to sit with one’s father from childhood and learn the craft by seeing how he works, with some tips from him.  Thus the father was not only doing the production work through his craft but also teaching the craft to his son.

 This was totally unlike modern times where the teacher in an engineering college or technical institute is not a producer engaged in some industry. In other words, in modern times the vocation of a teacher is separated from the vocation of a producer, but there was no such separation in the feudal age.

 In feudal times one had no choice of one’s profession, one had to follow his father’s profession, and thus the son of a carpenter (Badhai) became a carpenter, the son of a blacksmith (lohar) became a blacksmith, etc. In this way carpenter, blacksmith, potter, etc. all became castes. The same thing happened in Europe too in feudal times (as mentioned above).

Modern Mill Industry

 In the modern industrial age the demand for skilled technical personnel is much larger than in the feudal age, because the demand of goods is much more (due to increase in population, etc.). Hence the traditional feudal method of teaching a craft, in which only a handful of persons, (usually the sons of the handicraftsman), were taught, no longer sufficed for modern society. Now technical institutes or engineering colleges have become necessary, where a large number of students are taught the technical skill.  Obviously all these students could not be sons of the teacher. This destroyed the very basis of the caste system in which one had no choice in choosing one’s vocation and had to follow his father’s profession. The caste system, in which one’s vocation is chosen by one’s birth, is thus totally outmoded in the modern age.

 Today a boy of the badhai (carpenter) caste comes from the rural areas in India to a city where he becomes an electrician or motor mechanic or takes up some other vocation. If he gets some education he becomes a clerk or even a doctor, lawyer, engineer or teacher. He does not usually follow his father’s profession, and this has largely destroyed the basis of the caste system economically.

 The caste system is now being artificially propped up socially by some vested interests e.g. vote bank politics, but when the basis of an institution has been destroyed (by the advance of technology) how long can that institution survive? To my mind the caste system in India will not last for more than ten or twenty years from now (because its very basis has gone).

 A modern mill no longer bothers about the caste of the worker it employs, it only sees his technical skills.

The caste system was a social institution corresponding to handicraft industry. Now that handicraft industry has largely been replaced by mill industry, the caste system has today become totally outmoded, and is hindering our progress. The sooner it is destroyed the better.

Was the Caste System Bad for India?

 Many people think that the caste system did a lot of damage to India. This is undoubtedly true of modern times. But it must also be said that in the feudal age the caste system did good to India because it corresponded to the feudal occupational division of labour in society (as pointed out above), which resulted in the great development of the productive forces (at that time).

 It is a myth that the Scheduled Castes of today were always treated with indignity. In fact upto the coming of British rule, these castes were usually in some handicraft vocation and were earning their livelihood from that vocation. It was only when the British mill industry destroyed their handicraft and they became unemployed that they began to be treated with indignity. An unemployed man becomes a poor man, and a poor man is not given respect in society.

 For instance, the chamars were at one time a respectable caste because they earned their livelihood by doing leather work. It was only when Bata and other companies destroyed their handicraft (and thereby their livelihood) that they sank in the social ladder, so much so that today to call a person a chamar is often regarded as a word of insult (see the judgment of the Supreme Court in Swaran Singh & Ors. vs. State through Standing Counsel & Anr. [2008(8) SCC 435, JT 2008(9) SC 60]).

 Similarly, other castes whose handicraft occupations were destroyed by the British mill industry also became unemployed and thereby fell in the social order.

How will the Caste System be Destroyed?

 To my mind the caste system will be destroyed (and is in fact being destroyed) in India by (1) The advance of technology (2) The people’s struggles, and (3) Inter caste marriages.

 As regards the advance of technology, it has already been pointed out above that in modern industrial society the division of labour cannot be on the basis of one’s birth but on the basis of  technical skills.  Hence industrialization destroys the caste system, and in fact the caste system has become weak in a State like West Bengal, which was partially industrialized before most other states.

 As regards the people’s struggles, these are in fact going on everywhere in view of the harsh economic conditions in India (price rise, unemployment, etc.). People in India are realizing that united they stand and divided they fall, and caste is certainly a dividing force.

 As regards inter caste marriages, I have stated in my judgment in Lata Singh vs. State of U.P. [2006(5) SCC 475, JT 2006(6) SC 173], that inter caste marriages are in the national interest and hence should be encouraged.

Tuesday, 19 January 2016

Caste among Indian Muslims


Ashrafs, Ajlafs and Arzals

In theory Islam does not recognize castes.

But practice among Indian Muslims is very different from theory

Some of the backward or lower-caste Muslim castes include Kunjra, Dhobi, Halalkhor, and Kalal (so called ranki involved in the profession of wine selling and making.)

The upper caste Muslim castes include  Pathan, Muslim Rajput, Turk, Sheikh, Khan, Syed, Rizvi, biradri, and Malik.

 Ansari, Qureshi, etc are intermediate castes among Muslims,. like Hindu OBCs

  Genetic data has also supported this stratification.

The report commissioned by the government of India and released in 2006, documents the continued 
stratification in Muslim society.

 While in the mosque all Muslims pray together,  but when it comes to marriage their attitude is very different, and most ashrafs ( upper caste Muslims ) will not marry Muslims of the lower castes.
 
I have many Muslim friends who tell me with pride that they are Rajputs. I know of one Rajput Muslim convert family in Banda, U.P. whose girl fell in love with a dalit young man who was a Magistrate. He converted to Islam to marry her, but the girl's family members told him " humne mazhab  badla hai, jaat nahin " and told the young man to breaak of ties with the girl or they would kill him. The poor fellow was terrified, and got himself transferred to another district.

 I know of a Syed girl who had been my daughter's classmate since childhood. When she had grown up I went to her father, a doctor, and told him I knew of a young Ansari boy from Bhadohi ( the carpet belt near Varanasi ) who was a multi millionaire, and suggested a match. They told me " Hum chamaron mein shadi nahin karte ". I was shocked, and said that I thought Islam does not recognize caste. His wife told me " Bhai saheb, hamein apni biraadari mein rehna hai "

Thursday, 11 June 2015

Varna Sankar in USA


How backward most Indians are can be realized by the fact that many of even those Indians who are highly qualified engineers or doctors and have migrated and are settled in America are still very casteist.

 This can be realized from an incident narrated yesterday to me by an NRI,  who I have no reason to disbelieve.

 In a certain city in USA ( which I will not name, to avoid identification of the persons involved ) there was a young Indian couple who fell in love, and got married.

 The young man was a dalit, i.e. belonging to a Scheduled Caste ( the lowest caste in India ), while the young woman was a Brahmin ( the highest caste in India ).

 The young man never disclosed to his wife that he was a dalit, probably thinking that in the West it is immaterial. He was a tall, very handsome, light skinned person, who had done very well in academics and professionally, and was working for a reputed company in USA, and drawing a good salary in 6 figures ( i.e. over 100,000 dollars a year ). His wife doted on him, and the couple was very fond of each other.

 When a son was born to the couple, they threw a party to which the parents of the couple were also invited. It was there that the caste of the young man became known for the first time to the young woman and her family, when the young man's father disclosed to the young woman's parents that they were dalits.

 This shocked the young woman and her whole family. The young woman immediately went somewhere and got some 'gau mootra' ( cow urine ), poured it over her head and face to purify herself, and left her son and husband forever. She later also got a divorce, and has refused to even have anything to do with her son ( probably regarding him a bastard ). The son is now living with the father.

   This shows how difficult it is to change the mindset of people, even though they may have migrated to a modern country, and how deep the roots of casteism are, even among the so-called educated section of our society.

 In the Bhagavad Gita 'varna sankar' (inter caste marriage ) is denounced in Chapter 1 shloka 42.

KULAKSHAYE PRANASHYANTI KULADHARMA SANATANAHA
DHARME NASHTE KULAM KRITSNAM ADHARMO’BHIBHAVATYUCHA

ADHARMABHIBHAVAAT KRISHNA PRADUSHYANTI KULASTRIYAHA
STREESHU DRISHTVASU VARSHNEYA JAYATE VARNA SANKARAHA

SANKARO’ NARAKAYAIVA KULAGHNANAM KULASYA CHA
PATANTI PITARO HYESHAAM LUPTA PINDODAKA KRIYAHA

O Krishna, when the family is destroyed, immemorial religious rites and rituals perish, when these perish, they fall into a state of impiety. By impiety, the women of the family become corrupt. When women become corrupt, the purity of the caste is polluted by confusion and admixture. Caste pollution leads to hell for both the family and the slayers of the family. The dead forefathers fall form the higher realms of existence being deprived of the rites of sraddha and tarpana.

So Gita upholds caste system, and clearly states that inter caste marriage leads to hell. And this is the book which the Prime Minister presents to dignitaries on his trips abroad, and a Judge of the Indian Supreme Court wanted to be made compulsory in all schools in India !
   Hari Om

Friday, 17 April 2015

Chamars


Chamar is a large caste among the Scheduled Castes in North India.
The word ' chamar ' comes from the word ' chamda ' ( चमड़ा ) i,e, leather. Chamars were those who did leather work i.e. making shoes, leather bags,etc in feudal society.

 As i mentioned in my blog 'Caste System' ( see justicekatju.blogspot.in ), though caste in India appears to have originally had a racial origin ( the word 'varna' literally means colour ), subsequently caste system developed into the feudal, occupational division of labour in feudal society. In other .words, every vocation,e.g. potter ( kumhar ), carpenter ( badhai ), iron smith ( lohar ), barber ( nai ), etc became a caste.. So leather workers also became a caste called 'chamar'.

  Upto the coming of the British in the 18th century, chamars were a respectable caste because chamars earned their livelihood, and in fact were indispensable, in feudal society.

 It was after the British conquered India in the 18th and early 19th centuries and destroyed the massive handicraft industry in India, thus making tens of millions of Indians unemployed and driven to destitution, beggary, crime and starvation, ( see my blog ' Dinner at the German Embassy' ) that chamars, along with many other castes, were driven down the social ladder, because they lost their livelihood as their hand made products were  driven out of the market. by factory products e.g. Bata shoes. When a person becomes unemployed and cannot earn his livelihood he becomes indigent and goes down the social ladder, and is looked down upon. And this is what happened to chamars.

 In my decision in the Supreme Court ( in a bench along with Justice Alatamas Kabir ) in Swaran Singh vs. State through Standing Counsel ( 2008 ) I traced the history of chamars and observed :

  "  The question in this case is whether calling a person `Chamar' amounts to intentionally insulting with intent to humiliate a member of the Scheduled Caste.

 It is true that Chamar is the name of a caste among Hindus who were traditionally persons who made leather goods by handicraft [vide the People of India by Watson Kaye, the Tribes & Castes of the North-Western Provinces and Oudh by W.Crooke, The Chamars of Uttar Pradesh by A.B Mukerji, The Chamar Artisans by Satish Kumar Sharma, The Tribes and Castes of the North-Western India by W. Crooke etc.]. The word `chamar' is derived from the Hindi word `chamda' which means leather.
Before the coming of the British into India, the Chamars were a stable socio-economic group who were engaged in manufacturing leather goods by handicraft. As is well-known, feudal society was characterized by the feudal occupational division of labour in society. In other words, every vocation or occupation in India became a caste e.g. Dhobi (washerman), Badhai (carpenter), Lohar (blacksmith), Kumbhar (potter) etc. The same was the position in other countries also during feudal times. Thus, even now many Britishers have the surname Baker, Butcher, Taylor, Smith, Carpenter, Gardener, Mason, Turner, etc. which shows that their ancestors belonged to these professions.

It is estimated that before the coming of the British into India about 40% of the population of India was engaged in industry while the rest of the population was engaged in agriculture. This industry was no doubt handicraft industry, and not mill industry. Nevertheless, there was a very high level production of goods in India by these handicraft industries before the coming of the British, and many of these goods were exported often up to Europe, the Middle East, China, etc. e.g. Dacca Muslin, Murshidabad silk, and other kind of textiles, etc.

A rough and ready test of the level of economic development of a country is to find out how much percentage of the population is engaged in industry, and how much in agriculture. The greater the percentage of population in industry and lesser in agriculture the more prosperous the country. Thus, the U.S.A., the most prosperous country in the world today has only about 2 or 3% of its population in agriculture, while the rest is in industry or services.

India was a relatively prosperous country before the coming of the British because a high percentage of the people (which could be up to 40%) was engaged at that time in industry (though no doubt this was handicraft industry, not mill industry). Thus, Lord Clive around 1757 (when the battle of Plassey was fought) described Murshidabad (which was then the capital of Bengal) as a city more prosperous than London, vide `Glimpses of World History' by Jawaharlal Nehru (Third Impression p.416, chapter entitled `The Indian Artisan goes to the wall').

When the British conquered India they introduced the products of their mill industry into India, and exorbitantly raised the export duties on the Indian handicraft products. Thereby they practically destroyed the handicraft industry in India. The result was that by the end of the British rule hardly 10% or even less of the population of India was still in the handicraft industry, and the rest of those who were earlier engaged in the handicraft industry were made unemployed. In this way about 30% of the population of India who were employed in handicraft industry became unemployed, and were driven to starvation, destitution, beggary or crime (the thugs and `criminal' tribes were really these unemployed sections of society). As an English Governor General wrote in 1834, `the bones of the cotton weavers are bleaching the plains of India'

 In this connection it may be noted that in the revenue records in many states in our country one often finds recorded : `A son of B, caste lohar (smith), vocation agriculture'; or `C son of D, caste badhai (carpenter), vocation agriculture', or `E son of H, caste kumhar (potter), vocation agriculture', etc. This indicates that the ancestors of these persons were in those professions, but later they became unemployed as British mill industry destroyed their handicraft. Some people think that if the British had not come into India an indigenous mill industry would have developed in India, and India would have become an Industrial State by the 19th Century, like North America or Europe, but it is not necessary to go into this here.

 The Chamars also suffered terribly during this period. The British industries e.g. Bata almost completely destroyed the vocation of the Chamars, with the result that while they were a relatively respectable section of society before the coming of British rule (because they could earn their livelihood through manufacture of leather goods) subsequently they sank in the social ladder and went down to the lowest strata in society, because they lost their livelihood and became unemployed.
Today the word `Chamar' is often used by people belonging to the so-called upper castes or even by OBCs as a word of insult, abuse and derision. Calling a person `Chamar' today is nowadays an abusive language and is highly offensive. In fact, the word `Chamar' when used today is not normally used to denote a caste but to intentionally insult and humiliate someone.

 It may be mentioned that when we interpret section 3(1)(x) of the Act we have to see the purpose for which the Act was enacted. It was obviously made to prevent indignities, humiliation and harassment to the members of SC/ST community, as is evident from the Statement of Objects & Reasons of the Act. Hence, while interpreting section 3(1)(x) of the Act, we have to take into account the popular meaning of the word `Chamar' which it has acquired by usage, and not the etymological meaning. If we go by the etymological meaning, we may frustrate the very object of the Act, and hence that would not be a correct manner of interpretation.

 This is the age of democracy and equality. No people or community should be today insulted or looked down upon, and nobody's feelings should be hurt. This is also the spirit of our Constitution and is part of its basic features. Hence, in our opinion, the so-called upper castes and OBCs should not use the word `Chamar' when addressing a member of the Scheduled Caste, even if that person in fact belongs to the `Chamar' caste, because use of such a word will hurt his feelings. In such a country like ours with so much diversity - so many religions, castes, ethnic and lingual groups, etc. - all communities and groups must be treated with respect, and no one should be looked down upon as an inferior. That is the only way we can keep our country united.

 In our opinion, calling a member of the Scheduled Caste `Chamar' with intent to insult or humiliate him in a place within public view is certainly an offence under section 3(1)(x) of the Act. Whether there was intent to insult or humiliate by using the word `Chamar' will of course depend on the context in which it was used."

 This judgment was followed in Arumugam Serrvai vs. State of Tamilnadu, 2011 by a bench of the Supreme Court consisting of myself and Justice Gyansudha Misra, vide para 13 of the judgment ( see online ).

Friday, 20 March 2015

An Appeal to Indian Youth


I am all for intermarriage between scheduled castes and non scheduled castes, and I appeal to Indian youth that if they genuinely fall in love with a scheduled caste boy/girl go ahead and marry him/her. Most non scheduled caste parents are full of casteist rubbish in their heads, and stupidly look down on scheduled castes as inferior. So disobey them in this matter and show your independence and enlightened minds, even if you have to suffer some hardship on this account. This will also serve the interest of national integration.