Showing posts with label caste system. Show all posts
Showing posts with label caste system. Show all posts

Tuesday, 24 February 2015

How I was almost sacked


I was appointed a permanent Judge of the Allahabad High Court in November 1991, and was almost sacked a few months thereafter. This is an untold story which you may find interesting.

 A few months after I was appointed a Judge a case came before me, Naresh Chand vs. District Inspector of Schools, Ghaziabad ( see 1992 Labour and Industrial Cases where the judgment is reported  ) which I heard and decided.

 The facts of the case were that a young man, Naresh Chand, had been appointed a biology teacher on ad hoc basis by the management of an obscure High School in District Ghaziabad in the State of U.P. in India.. Under the relevant rules, his appointment had to be approved by the District Inspector of Schools.

 The D.I.O.S. refused to approve the appointment on the ground that Naresh Chand belonged to an O.B.C. ( Other Backward Castes, which are the intermediate castes in India in the social ladder, below the so called ' upper castes ', but above the Scheduled Castes or dalits ), while the post had been reserved for a Scheduled Caste candidate.. Consequently his appointment was cancelled by the management of the school and his service was terminated. Naresh Chand challenged this before the Allahabad High Court, and the case came before me.

 I have always been passionate about science, and have always believed that science is the means of solving India's huge problems. This case gave me an opportunity of putting forward my philosophy in a judgment.

 The view I took was that though reservation on caste basis may be acceptable in other fields, they were not acceptable in the fields of science and technology because these fields were vital for India's progress, and hence no compromises were permissible in these fields. Consequently there could be no valid reservation in these fields, either for admission  in educational institutions or on jobs pertaining to these fields.  I remember a few passages of my judgment :

" The policy of reservations is basically a compromise between the need for excellence on the one hand, and the need to help the historically socially and economically disadvantaged classes on the other. However, in my opinion there can be no compromise in the fields of science and technology.

 When our country was on the scientific path it prospered. With the aid of science we had built mighty civilizations thousands of years ago when most people in Europe, except in Greece and Rome, were living in forests. We had made outstanding scientific discoveries, e.g. decimal system in mathematics, plastic surgery in medicine, etc. However subsequently we took to the unscientific path of superstitions and empty rituals, which has led us to disaster. The way out therefore is to go back again to the scientific path shown by our ancestors, the path of Aryabhatta and Brahmagupta, Sushrut and Charak, Panini and Patanjali, Ramanujan and Raman.

 While the socially and economically depressed classes should certainly be helped, the interest of the nation cannot be overlooked. As is said ' Interest Republicae Suprema Lex ' ( the interest of the republic is the supreme law ). A line has to be drawn somewhere to the policy of caste based reservations, and I draw the line at Science. Hence there can be no valid reservations in the field of science and technology."

  Consequently I quashed the order cancelling the appointment of Naresh Chand, and ordered his reinstatement.

 This judgment, delivered in 1992  (shortly after I had been appointed a Judge ), created a furore all over India. While huge rallies, particularly of students, were held in support of my judgment in many parts of India, there were counter rallies elsewhere. The media commented on it widely for several days, a large section supporting me, but another section attacking me.

 In Allahabad the ' Social Justice Movement '  publicly burnt my effigy and copies of my judgment. They resolved to place a lock on the gates of the Allahabad High Court, but were prevented by the police from doing so. A large contingent of policemen had to be placed around the premises of the Allahabad High Court. I started receiving threats by anonymous letters and on telephone.

 From the newspapers I learnt that the members of Parliament belonging to the Scheduled Castes and Tribes held a meeting in Delhi and decided to bring a bill in Parliament for my impeachment..

  My wife and other family members were scared. I had just been appointed a High Court Judge, and here I was , on the verge of being sacked ! For a long time I could not go for walks ( which I am fond of ), and except for going to the High Court had to remain confined to my house.
 Fortunately, the storm blew over and I survived.

Friday, 17 February 2012

Judgement on "CASTE ATROCITIES & HONOUR KILLING"


2011 STPL(Web) 403 SC                                                                                                              1
Arumugam Servai Vs. State of Tamil Nadu
2011 STPL(Web) 403 SC
SUPREME COURT OF INDIA
(MARKANDEY KATJU & GYAN SUDHA MISRA, JJ.)
ARUMUGAM SERVAI
Appellant(s)

VERSUS 

STATE OF TAMIL NADU
Respondent
AJIT KUMAR AND OTHERS
Appellant(s)
VERSUS
STATE OF TAMIL NADU
Respondent
Criminal Appeal No. 958 of 2011 [Arising out of SLP(Criminal) No. 8084 of 2009] with Criminal
Appeal No. 959 of 2011 [Arising out of SLP (Criminal) No. 8428 of 2009]-Decided on 19-04-
2011.
Atrocities – Conviction upheld – Directions issued

JUDGMENT

Markandey Katju, J.-"Har zarre par ek qaifiyat-e-neemshabi hai Ai saaki-e-dauraan yeh
gunahon ki ghadi hai" - Firaq Gorakhpuri 
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator by certain inalienable rights, that among these are life, liberty, and the pursuit of happiness" - American Declaration of Independence,1776  
1. Over two centuries have passed since Thomas Jefferson wrote those memorable words,which are still ringing in history, but a large section of Indian society still regard a section of theirown countrymen as inferior. This mental attitude is simply unacceptable in the modern age, and it is one of the main causes holding up the country's progress.

2. Leave granted.

3. These appeals have been filed against the common judgment and order of the Madras High Court dated 25.1.2008 in Criminal Appeal Nos. 536-37 of 2001 upholding the judgment of the Leaned 4th Additional District and Sessions Judge, Madurai.

4. The allegation against the appellants is that on 1.7.1999, there was an altercation between the appellants and the complainants PW1 Panneerselvam and PW2 Mahamani in a Temple Festival regarding the method of tying bullocks in the Jallikattu. The appellant Arumugam Servai then insulted PW1 by saying "you are a pallapayal and eating deadly cow beef". Then accused 1, 7 and 9 attacked PW1 with sticks causing him injuries on his left shoulder. When PW2 Mahamani intervened he was attacked by the accused with sticks, and he sustained a fracture on his head, on
which there was a lacerated wound.

5. Apart from the two injured eye-witnesses, there are 3 other eye-witnesses to the occurrence. The doctor has testified to the injuries. The head fracture on Mahamani indicates the deadly intent of the accused.

6. Both the Courts below have believed the prosecution case, and we see no reason to differ. We have carefully perused the testimony of the witnesses, and we see no reason to disbelieve them.

7. The accused belong to the `servai' caste which is a backward caste, whereas the complainants belong to the `pallan' caste which is a Scheduled Caste in Tamilnadu.

8. The word `pallan' no doubt denotes a specific caste, but it is also a word used in a derogatory sense to insult someone (just as in North India the word `chamar' denotes a specific caste, but it is also used in a derogatory sense to insult someone). Even calling a person a `pallan', if used with intent to insult a member of the Scheduled Caste, is, in our opinion, an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (hereinafter referred to as the `SC/ST Act'). To  call a person as a `pallapayal' in Tamilnadu is even more insulting, and hence is even more an offence.

9. Similarly, in Tamilnadu there is a caste called `parayan' but the word `parayan' is also used in a derogatory sense. The word `paraparayan' is even more derogatory.

10. In our opinion uses of the words `pallan', `pallapayal' `parayan' or `paraparayan' with intent to insult is highly objectionable and is also an offence under the SC/ST Act. It is just unacceptable in the modern age, just as the words `Nigger' or `Negro' are unacceptable for African-Americans today (even if they were acceptable 50 years ago).

11. In the present case, it is obvious that the word `pallapayal' was used by accused No. 1 to insult Paneerselvam. Hence, it was clearly an offence under the SC/ST Act.

12. In the modern age nobody's feelings should be hurt. In particular in a country like India with so much diversity (see in this connection the decision of this Court in Kailas vs. State of Maharashtra in Crl. Appeal No. 11/2011 decided on 5.1.2011) we must take care not to insult anyone's feelings on account of his caste, religion, tribe, language, etc. Only then can we keep our country united and strong.

13. In Swaran Singh & Ors. vs. State thr' Standing Counsel & Anr. (2008) 12 SCR 132, this Court observed (vide paras 21 to 24) as under:

"21. 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.

22. 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.

23. 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. 24. 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".

14. We would also like to mention the highly objectionable two tumbler system prevalent in many parts of Tamilnadu. This system is that in many tea shops and restaurants there are separate tumblers for serving tea or other drinks to Scheduled Caste persons and non-Scheduled Caste persons. In our opinion, this is highly objectionable, and is an offence under the SC/ST Act, and hence those practicing it must be criminally proceeded against and given harsh punishment if found guilty. All administrative and police officers  will be accountable and departmentally proceeded against if, despite having knowledge  of any such practice in the area under  their jurisdiction they do not launch criminal proceedings against the culprits.

15. In Lata Singh vs. State of U .P. & Anr (2006) 5 SCC 475, this Court observed (vide paras
14 to 18) as under:
"14. This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law.
Hence, we cannot see what offence was committed by the petitioner, her husband or her husband's relatives.

15. We are of the opinion that no offence was committed by any of the accused (the
couple who had an inter caste marriage) and the whole criminal case in question is an
abuse of the process of the Court as well as  of the administrative machinery at the
instance of the petitioner's brothers who were only furious because the petitioner married outside her caste. We are distressed to note that instead of taking action against the petitioner's brothers for their unlawful and high-handed acts (details of which have been set out above) the police has instead proceeded against the petitioner's husband and his relatives.

16. Since several such instances are coming to our knowledge of harassment, threats and violence against young men and women who marry outside their caste, we feel it
necessary to make some general comments on the matter. The nation is passing through a crucial transitional period in our history, and this Court cannot remain silent in matters of great public concern, such as the present one.

17. The caste system is a curse on the nation and the sooner it is destroyed the better. Infact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter- caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter- caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut  off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see
to it that if any boy or girl who is a major undergoes inter-caste or inter-religious
marriage with a woman or man who is a major, the couple are not harassed by any one
nor subjected to threats or acts of violence, and any one who gives such threats or
harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.

18. We sometimes hear of `honour' killings of such persons who undergo inter-caste or inter-religious marriage of their own free will. There is nothing honourable in such
killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism".

16. We have in recent years heard of `Khap Panchayats' (known as katta  panchayats in Tamil Nadu) which often decree or encourage honour killings or other atrocities in an institutionalized way on boys and girls of different castes and religion, who wish to get married or have been married, or interfere with the personal lives of people. We are of the opinion that this is wholly illegal and has to be ruthlessly stamped out. As already stated in Lata Singh's case (supra), there is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but barbaric
and shameful murder. Other atrocities in respect of personal lives of people committed by brutal, feudal minded persons deserve harsh punishment. Only in this way can we stamp out such acts of  barbarism and feudal mentality. Moreover, these acts take the law into their own hands, and amount to kangaroo courts, which are wholly illegal.

17. Hence, we direct the administrative and police officials to take strong measures to prevent such atrocious acts. If any such incidents happen, apart from instituting criminal proceedings against those responsible for such atrocities, the State Government is directed to immediately suspend the District Magistrate/Collector and SSP/SPs of the district as well as other officials concerned and chargesheet them and proceed against them departmentally if they do not (1) prevent the incident if it has not already occurred but they have knowledge of it in advance, or (2) if it has occurred, they do not promptly apprehend the culprits and others involved and institute criminal proceedings against them, as in our opinion they will be deemed to be directly or indirectly accountable in this connection.

18. The appellants in the present case have behaved like uncivilized savages, and hence deserve no mercy. With these observations the appeals are dismissed.

19. Copy of this judgment shall be sent to all Chief Secretaries, Home Secretaries and Director Generals of Police in all States and Union Territories of India with the direction that it should be circulated to all officers up to the level of District Magistrates and S.S.P./S.P. for strict compliance. Copy will also be sent to the Registrar Generals/Registrars of all High Courts who
will circulate it to all Hon'ble Judges of the Court.
--

Sunday, 5 February 2012

The Caste System In India


The Caste System In India
By : Justice Markandey Katju, Judge, Supreme Court of India

The caste system is one of the greatest social evils plaguing our country today. It is acting as a powerful social and 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 speedily 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.

  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 the article `Kalidas Ghalib Academy for Mutual Understanding’ inwww.kgfindia.com).  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.

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.