Cast System and Social Reform in India

Abstract

Cast system is not only an evil of the ancient society but till today it is going on. It is also true that without the abolition of the cast system from our society, any kind of social development is impossible. The Indo-Aryan started to treat the native Indians as their 'Das' or servant. Such 'Das' are treated as the lowest class of the society. All of these differences were done mainly for their 'colour'. Their position in society was very bad, even the Indo-Aryan males started to exploit the female 'Das' to satisfy their sexual desires. But, on the other side marriage between female Indo-Aryan and a male 'Das' was strictly prohibited. There was a continuous conflict between the Brahman and the Sudra kings due to many tyrannies suffered by the Brahmans. As a result of such hatred towards the Sudras, Brahmans refused to give them the right to wear the sacred thread, which is called Upanayana. This right was considered as one of the most important right as it gave the right to learn the Veda. After losing such right, the Sudras became the fourth class of the society. The Constitution of India plays a vital role in regulating the caste system in the Indian society. In one hand it tries its best to eliminate the inequalities on the basis of caste from the Indian society. But on the other hand it is quite unclear about the legal position with respect to the caste groups in Indian social life. As we know that under article 19, 25, 26, 29 and 30 of the Indian Constitution say about the constitutional protection of the religious groupings and voluntary organisations. But under Article 15(1), 15(2), 16(2), 17, 23, 29(2) the Constitution says abolition of discrimination on the basis of cast. State of Madras v. Champkam Dorairajan, where the Government reserved the seats of a medical college on the basis of caste and the Supreme Court rejected that reservation saying that it is violating Article 15(1) of the Constitution. So Article 15(1) was coming in the way to make special provision for the socially and educationally backward persons. To overcome this situation Article 15(4) was inserted in to the Constitution of India. It says that State is not prevented to make any special provisions for the advancement of any socially and educationally backward classes of citizens or for the schedule caste or the schedule tribes. Determine the socially and educationally backward class in the following manner: Firstly, the backward class under Article 15(4) should be both socially and educationally backward. Failure to satisfy any of these two will not regard that class as backward class within this Article. Secondly, poverty alone can be the criteria to determine the backwardness of any class. Thirdly, backwardness should be comparable with the schedule caste and schedule tribe. Fourthly, caste may be a relevant factor to determine the backwardness but cannot be the sole factor.