Beruflich Dokumente
Kultur Dokumente
organization, not to the state. It is in the later Vedic age that we find first the reference
to the term state.
In course of time the tribal chiefs began to enjoy royal powers and position. The
Vedic literature contains a description about the origin of monarchy. It is the gods that
made kings. They selected kings for prosecution of war against the Asuras. Men also
came to believe that the kings were endowed with some divine qualities. This
attribution of divinity to kings made them more powerful during the Vedic Age. They
were entitled to hereditary kingship. Thus the tribal chiefs of the Vedic age were
converted into kings. It is of course true that hereditary monarchy had co-existed with
the elected monarchy in the Vedic age Society.
Coronation of the king distinguished
him from the commoners. It declared that the king was invested with divine rights. The
priest arranged for coronation. Thus the king and the royal priest enjoyed distinct
position and status in society.
Providing for defense against foreign invasions, security of life and property of the
subjects and maintenance of law and orderall these constituted the kings primary
obligation. The king tried cases of appeal of his subjects with the help of the priests.
The guilty was punished. In the Rig Vedic age, theft of cow and forcible occupation of
land and other immovables were of frequent occurrence. The king had to redress these
wrongs.
In the Rig Vedic age, the subjects usually did not pay any regular taxes to the
king. They paid the same willfully. The king did not enjoy ownership of land. During
sacrificial rites, the king received a share of the immolated animal. In the event victory
in war property of the vanquished tribe was looted by the victors. The victorious king
was entitled to a share of the booty.
The kingdom was divided into several units for its proper governance. Several
families constituted a tribe. Several tribes composed a village. The `Bisha or Jana
consisted of several villages. Several `bishas or `janas constituted a state. High
officials were appointed to assist the king in his administration. The head of the family
was called Kulapati.
The priest was unofficially very close to the king. In respect of religious matters
and sacrificial rites, the priest was all in all. This apart, the priest usually tendered
political and diplomatic advice to the king, and he, if need be, used to accompany the
king to the field of war.
The official called Senani discharged his duty to organize the army and conduct
war. The gramani used to undertake the civil and military obligations. The envoys and
spies kept the king informed of the movement of the enemies. In the Rig-Vedic society,
there were infantry men and soldiers carried by chariots. Weapons used in the war were
arrows, spears, swords, axes etc. There was another weapon called, Rathemushala.
Lethal weapons through this machine were thrown against the enemy from running
chariots.
In the Rigveda, there is reference to numerous tribal assemblies, such as Sabha,
Samiti. The Sabha consisted of wise men that were very close to the king. Perhaps,
the people joined the `Samiti. The king could not override the decisions of Sabha and
Samiti.
The lowest division of Aryan society was family (Kula). Joint family system was
one of the features of Aryan society. It was patriarchal. The oldest male member was
the bead of the family. The women had to depend on men in all matters. The Aryans
desired male child. Wars and ceremonials had the need of male persons. The latter
prayed to God for birth of male child. Nevertheless, female child was not altogether
neglected.
UNIT I
a. Vedic culture - Society and Religion
b. Cultural attainments during Gupta period.
VEDIC CULTURE SOCIETY & RELIGION:
The Society of Vedic age can be divided into two ages
1. Early or Rig-Vedic age and
2. The Later Vedic age.
There is a great deal of difference between the social system of the early Vedic age and
that of the later one.
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After completion of his study at the preceptors house, the pupil returned home and
led the life of a family man (Garhasthya Ashram). The main duty of a family man
was to get married and to discharge the domestic obligation by looking after his wife
and children.
The third stage of life is Vanaprasthashrama. It was the practice to adopt
Vanaprasthashrama at a mature age. During this time, the person concerned got
relieved of the domestic obligations, erected hut in the forest and lived a life of
detachment.
The last stage of life is called `Sannyas or Yati-Ashrama. During this period, the
person concerned had to live the life of a hermit.
Dress, Food and Society of Aryans:
In the Aryan society, close attention was paid to dress and ornaments. In the
Vedic Culture, three types of cover were in vogue a loose outer garment for the upper
portion of the body (uttariya), garment for lower portion (nibi) and the main garment
above the nibi (Paridhan). Garments were made of cotton, hide and wool.
Milk, ghee, fruits of various kinds, barley and wheat constituted the chief items of
food of the Aryans. During ceremonial occasions, beast meat was taken. During
sacrificial rites, the Aryans used strong intoxicant called `Somarasa or `Sura. Hunting,
fishing, riding, charioteering, singing and dancing were the chief festivals of joy and
amusement. Although the caste system had its beginning in the Rig Vedic period, no
rigorous restrictions were imposed on such social matters as marriage, dining and
occupation.
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`Sabha could have put him into trouble. But the Sabha was not as good a democratic
institution as `Samiti. In this age, the Sabha was composed of royal ministers and high
officials of the kingdom. In the age of later Vedic society, there was the beginning of
royal despotism, and imperialism ensured it.
An idea of ethical consciousness of society in the later Vedic age can be formed
from the Vedic literature. Homicide, theft of property and cow (also regarded as
property), drinking intoxicating liquors, sedition, were treated as condemnable, and,
therefore, punishable offences. Women were not entitled to inheritance. The king ruled
according to the prevalent customs of the land.
The Aryans were as good the villagers in the later Vedic age as they were in Rig Vedic
Society. But the kings, their courtiers, and the rich landed classes were townsmen and
lived in palaces. In this age, references to cities are found.
of the Samaveda, definite regulations for accepting the non-Aryans within the fold of
Aryan society have been incorporated. There are many instances which show that many
non-Aryans had embraced Aryanism and come to be known as Bratya-Kshatriya.
And inter caste marriage though not appreciated and encouraged, was net rare in the
age.
Both common and religious instructions were in practice during the later Vedic age
society. Apart from the Vedas, and the Upanishads, grammar, logic and law had a fair
cultivation. Science of medicine and astronomy made some progress in this age.
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in India during the reign of Chandragupta II he never faced any highway rubbery. The
people were happy and contented.
during this period. Even the great epics Ramayana and Mahabharata acquired their
present shape during this period. Manusmriti or the code of Manu was revised.
In Buddhism, Nagarjuna founded the Madhyamika school of Philosophy. He was
the author of Madhyamika Sutra and a commetary on Prajnaparamita Sutra. Arya Deva,
a pupil of Nagarjuna wrote Chatussataka. Asanga wrote Sutralankar. His younger
brother, Vasubandhu wrote Ashidharmakosa, which is held in high esteem in Mahayana
Buddhism. Dinaga wrote the famous treatise on logic, the Pramana-Samuchchaya.
The Jaina canonical literature was also influenced by Sanskrit and within a very
short time produced many great scholars. Many Hindu classics were recast in Jaina
version to popularize Jainism. Vimala produced the Jaina version of Ramayana.
Devardhi Gani, Siddhasena Divakara and Akalanka Deva were other important writers
of the period.
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UNIT II
1. Impact of Islam on Indian life.
2. Bhakti Movement- Kabir, Nanak and Chaitanya
IMPACT OF ISLAM ON INDIAN LIFE:
Although Islam came to India before the invasion of Arabs, spread tremendously only
during the Mughal rule. Islam had a great impact on the day-to-day life of the Hindu
society. It is desirable to mention its impacts under the following headings:
(i) Religious Impact: Before Islam, the Indian society was dominated by the
Brahmanas and was synonymous with blind faith and dogmas, sacrifices and rituals of
Hindu religion. The coming of Islam was a blow to the supremacy of Brahmanas. In the
later years the saints like Kabir, Guru Nanak etc. who made efforts to remove the illpractices of Hinduism are ample evidences of impact of Islam.
(ii) Social Impact: India was divided into several sects and class when Islam reached
here. Especially the condition of those who belonged to the so-called low caste was
simply pathetic. They were held untouchables. Since Islam propounds that all human
beings are equal and accordingly make no discriminations on the basis of caste or
creed, Hindus in large numbers adopted Islam voluntarily.
However, even the Muslim rulers got many Hindus forcibly converted to Muslim. Islam
had its deep impact on the social life too. The practice of purdah has been the result of
the impact of Islam.
(iii) Cultural Impacts: The impact of Islam could be seen on the cultural life of the
Indians too. The Hindus to a great extent have adopted the thoughts and belief of
Islam. It was Islam that for the first time discountenanced all dogmatic teachings and
made reason the test of faith. It has to its credit the spread of knowledge not only in
India but worldwide.
(iv) Impact of Art and Literature: No less was the impact of Islam on the
contemporary Hindu society. It is well evident in the scriptures and architecture of
those days. In every country that was conquered including India, the first duty of Islam
was to build a mosque in which Allah would be worshipped. Attached to the mosque
was a school where people were taught to read and study the Quran.
From this initial point they enlarged the study of science, literature and art. Schools
were founded, great universities established, and libraries were built, which laid the
permanent foundation of knowledge. Muslims made great contributions to the practice
of music and have many glorious works of art and architecture to their credit.
BHAKTI MOMENT KABIR, NANAK & CHAITANYA:
With the Establishment of Muslim ruler in India and the emergence of Islam
Hinduism was seriously affected. The Muslim rulers plundered and destroyed the Hindu
temples and religious monuments. Hindus were also forcibly converted to Islam. At die
same time Islam preched the message of universal brotherhood equality of man and
belief in one God.
There was no caste system in the Islamic faith. At the same time Muslim religious
thinkers were also influenced by Hindu religious beliefs and ideas like the law of Karma.
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The close contact between the Hindus and Muslims finally resulted in the growth
of two religious movements namely Sufism among the Muslims and the Bhakti
movement among the Hindus. Hindu saints and reformers tried to reform Hinduism.
They took up the task of removing all evil practices from Hinduism particularly the
caste system and the image worship. This finally resulted in the growth of Bhakti
movement. The word Bhakti implies devotion to God. The leaders of the Bhakti
movement preached equality of all religions. They preached simple devotion to God.
The leading exponents of Bhakti movement were Kabir, Nanak and Srichaitanya.
KABIR:
Kabir was a cosmopolitan reformer of medieval India. He had sincerely tried to
develop the sense of unity among the Hindus and Muslims. But no definite facts are
available regarding his early life.
It is believed that he was born in 1440 A.D. He was the son of a Brahmin widow who
left him by the side of a tank in Benaras. But Niru the Muslim weaver picked up the
child and took him home.
Thus Kabir was brought up under the care of Niru. Kabir spent his childhood as a
Muslim. When lie grew young he became a disciple of Ramananda, the famous saint of
Benaras.
The Hindu religious thought considerably influenced his mind. Kabir also made himself
familiar with the essential principles of Islam. He led his life as an ordinary weaver and
gradually he gave religious instruction to his fellow men. Both Hindus and Muslims alike
were attracted towards his religious ideas and sayings.
His sayings:
The teachings of Kabir were based on love and unity. He propagated a religion of
love which aimed at promoting unity among all casted and creeds. He also tried to
reconcile Hinduism and Islam. Kabir taught the people that salvation can be achieved
by true devotion to God or Bhakti.
He did not believe in any caste distinction and in idol worship. According to him no
temples or mosques are necessary to worship God. One can come nearer to God only
through true devotion or Bhakti. Kabir consider the Hindus and Muslims as "pots of the
same clay".
He strongly criticised the Hindu Pandits and Muslurn Maulavis and advised them to give
up their conflicting religious views. According to him Allah, Rama, Karim and Keshava
were one but different names of the same Supreme Being. His devotional songs or
Dohas greatly influenced the common people. His disciples included both the Hindus
and Muslim.
NANAK:
Nanak was another great preacher of Bhakti cult. He was the founder of Sikhism.
He was born in 1469 at Talwandi or Modern Nankana in Pakistan. From childhood Nanak
took great interest in listening to the religious discussions of holymen.
His father who was trader wanted to engage him in his business. But Nanak was not
very much interested for material prosperity. For some year he led the life of an
ordinary house holder. He renounced the worldly life and visited the different holy
places of India. It is believed that he also visited Mecca and Medina, Nanak died in 1538
A.D.
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His Preachings:
Nanak taught the oneness of God and the fraternity of men. He considered Islam
and Hinduism as two different paths for meeting the God.
He laid emphasis on oneness of God and on brotherhood of man. Nanak taught the
people about righteous living, social virtues, dignity of labour and charity. He laid
considerable emphasis on purity of deeds. Like Kabir he also condemned caste system,
idol worship, rituals and festivals.
Nanak taught that one would come nearer to God and achieve salvation only
through his virtuous deeds, purity of mind and through true the devotion. People
belonging to both Islam and Hinduism became his followers. After Iris death he
nominated his disciple Angad as his successor. Angad organised his followers into
separate community. Their faith came to be known as Sikhism.
CHAITANYA:
Sri Chaitanya was popular Vaishnava saint and reformer of medieval period. He
was born in a Brahmin family of Nadia, in Bengal in I486-A.D. His father was Jagannath
Mishra and mother Sachi Devi. Chaitanya from his early career acquired knowledge on
the holy books.
At the age of twenty four he renounced the worldly life and became an ascetic or
sannyasi. He spent the rest part of his life in preaching the message of live and
devotion. His followers considered him as the incarnation of Vishnu. Sri Chaitanya came
to Puri in course of his missionary career.
The Gajapati king of Orissa Prataprudra Dev cordially received him. This famous
Vaishanava saint spent long eighteen years at Puri the place of Lord Jagannath. He also
visited various others religious places in the Southern and Western part of India. He
made pilgrimages to Vrindaban, Mathura and other place in the North. He died at Puri in
1533.
His Preachings:
Chaitanya said that personal presence of God could be realised through love and
devotion Bhakti of true devotion is the only way to come nearer to God.
He rejected the caste system and ritual. Chaitanya preached his faith in Vishnu or Hari
or Krishna, the only Supreme Being. The message of love and peace of Chaitanya
appealed most to the people of lower classed of die Hindu society. Chaitanya was
opposed to the supremacy of the priest and outward forms and ceremonies of religion.
According to him, "If a creature adores Krishna with true love and devotion he is
released from the meshes of illusion and attains to Krishna." He laid great emphasis in
the name of Hari and Krishna and composed devotional songs. Thus Chaitanya Dev
made Vaishnavism very popular in Bengal. Orissa and in many other parts of Eastern
India.
The Bhakti movement was a widespread movement. It aroused great interest among
the common people. The Hindu saints and reformers made their efforts to purify
Hinduism and to save it from the onslaughts of Islam. Attempts were also made by
them to remove the caste distinction from the social sphere.
The movement also brought the followers of Islam and of Hinduism closer to each
other. Above all Bhakti movement contributed to the enrichment vernacular literature,
like Hindi, Bengali, Marathi and Gujarati.
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UNIT III
1. Human Right: Concept; Historical Development, Menace of Ragging in
Educational Institutions.
2. Freedom Struggle- Role of Gandhi and Subash
HUMAN RIGHT: CONCEPT; HISTORICAL DEVELOPMENT, MENACE OF RAGGING
IN EDUCATIONAL INSTITUTIONS:
Historical development of Human Right:
The history of human rights covers thousands of years and draws upon religious,
cultural, philosophical and legal developments throughout the recorded history. It
seems that the concept of human rights is as old as the civilization. This is evident from
the fact that almost at all stages of mankind there have been a human rights
documents in one form or the other in existence. Several ancient documents and later
religious and philosophies included a variety of concepts that may be considered to be
human rights. Notable among such documents are the Edicts of Ashoka issued by
Ashoka the Great of India between 272-231 BC and the Constitution of Medina of 622
AD, drafted by Muhammad to mark a formal agreement between all of the significant
tribes and families of Yathrib (later known as Medina). However, the idea for the
protection of human rights grew after the tragic experiences of the two world wars.
Prior to the world war, there was not much codification done either at the national or
the international levels for the protection and implementation of human rights.
Concept Of Human Rights:
Human rights are the rights a person has simply because he or she is a human being.
Human rights are held by all persons equally, universally, and forever. All human
beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood. Kant said
that human beings have an intrinsic value absent in inanimate objects. To violate a
human right would therefore be a failure to recognize the worth of human life. Human
right is a concept that has been constantly evolving throughout human history. They
have been intricately tied to the laws, customs and religions throughout the ages. Most
societies have had traditions similar to the "golden rule" of "Do unto others as you
would have them do unto you." The Hindu Vedas, the Babylonian Code of Hammurabi,
the Bible, the Quran (Koran), and the Analects of Confucius are five of the oldest
written sources which address questions of peoples duties, rights, and responsibilities.
Different counties ensure these rights in different way. In India they are contained
in the Constitution as fundamental rights, i.e. they are guaranteed statutorily. In the UK
they are available through precedence, various elements having been laid down by the
courts through case law. In addition, international law and conventions also provide
certain safeguards.
Human rights refer to the "basic rights and freedoms to which all humans are
entitled." Examples of rights and freedoms which have come to be commonly thought of
as human rights include civil and political rights, such as the right to life and liberty,
freedom of expression, and equality before the law; and social, cultural and economic
rights, including the right to participate in culture, the right to food, the right to work,
and the right to education. A human right is a universal moral right, something which
all men, everywhere, at all times ought to have, something of which no one may be
deprived without a grave affront to justice, something which is owing to every human
simply because he is human. Human rights are inalienable: you cannot lose these
rights any more than you can cease being a human being. Human rights are indivisible:
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human rights do not exist. They only come into being in a classless society where there
is public ownership of the means of production. This approach too suffers from defects
one of which is that it views the development of human rights in a communist society
as inevitable and not problematic.
The Social Science Approach This approach locates human rights in the context of
larger social processes, dwelling on the communitys role in shaping principles. It uses
scientific and empirical methods, models and techniques to estimate the degree of
success/failure of human rights. It fails however, to provide a clear link between social
processes and the law.
Prior to Greek Period One of the first examples of a codification of laws that contain
references to individual rights is the tablet of Hammurabi. The tablet was created by the
Sumerian king Hammurabi about 4000 years ago. While considered barbaric by today's
standards, the system of 282 laws created a precedent for a legal system. This kind of
precedent and legally binding document protects the people from arbitrary prosecution
and punishment. The problems with Hammurabi's code were mostly due to its cause
and effect nature, it held no protection on more abstract ideas such as race, religion,
beliefs, and individual freedoms.
Greek Period It was in ancient Greece where the concept of human rights began to
take a greater meaning than the prevention of arbitrary persecution. Greeks were the
first profounder of natural law principles. They gave a conception of universal law for all
mankind under which all men are equal and which is binding on all people. Human
rights became synonymous with natural rights, rights that spring from natural law.
According to the Greek tradition of Socrates and Plato, natural law is law that reflects
the natural order of the universe, essentially the will of the gods who control nature. A
classic example of this occurs in Greek literature, when Creon reproaches Antigone for
defying his command to not bury her dead brother, and she replies that she acted
under the laws of the gods.
Despite this principle, there are fundamental differences between human rights
today and natural rights of the past. For example, it was seen as perfectly natural to
keep slaves, and such a practice goes counter to the ideas of freedom and equality that
we associate with human rights today.
The Marxist Approach This view comes from the writings of Karl Marx in the
context of the 19th century industrial revolution. It posits that in capitalist societies,
Roman Period This idea of natural rights continued in ancient Rome, where the
Roman jurist Ulpian believed that natural rights belonged to every person, whether they
were a Roman citizen or not. They classified the law of Rome into three broad
categories namely; Jus Civile, Jus Genitum and Jus Naturale. The first two were the law
of the land based on the third concept (Jus Naturale) which embody the principles of
natural law, though not enforceable in the court directly.
The origin of the concept of human rights are usually agreed to be formed in the
Greco-Roman natural law doctrines of Stoicism, which held that a universal force
pervades all creation and that human conduct should therefore be judged according to
the law of nature
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Christian Period The idea of natural law continue even after Roman period which
forwarded the cause of human rights. However, natural law, at this stage was
considered as will of God revealed to men by Holy Scriptures. According to Christian
father all laws, government and property were the product of sin and so human laws
contrary to law of God were to be discarded and ignored. Church as the exponent of
divine law could override the State.
Medieval Age Human Rights were further promoted in the form of natural law in the
middle ages. It was St. Thomas Aquinas who made a classic attempt to harmonise the
teachings of the Church with those of natural laws. He distinguished between four kinds
of law in his Summa Theology. He observed that the law of nature is the discovery of
eternal law through reason and reason is the manifestation of religion.
Social Contractualist The next fundamental philosophy of human rights arose from
the idea of positive law. Thomas Hobbes (1588-1679) saw natural law as being very
vague and hollow and too open to vast differences of interpretation. John Locke has
often been seen as the seminal figure of the development of human rights thinking. He
claimed that every man had a right to life, liberty and property. These ideas were based
on the idea of rational, equal men and the natural rights provided by God. Governments
that continuously violated these rights became tyrannies and lost their legitimacy to
rule. The Lockean principles became to fuel the revolutions of the century to come. The
concept of natural rights was pervasive in America. The Americans saw the English rule
as tyranny that had lost its legitimacy by violating their rights. The American
Declaration of Independence certainly reflects Lockean ideals, as it claims it is selfevident that all men (sic) are created equal and thus have a right to life, liberty and the
pursuit of happiness. In the Bill of Rights, the set of amendments to the US
constitution, these rights are justified by appeal to natural rights grounded in the rights
of God.
In the middle ages and later the renaissance, the decline in power of the church
led society to place more of an emphasis on the individual, which in turn caused the
shift away from feudal and monarchist societies, letting individual expression flourish.
Positivist After the decline of natural law conception of human rights, positive law
evolved and legislation became the main source of human rights. The Prominent writers
in this regard are Austin and Bentham. Under positive law, instead of human rights
being absolute, they can be given, taken away, and modified by a society to suit its
needs. Jeremy Bentham sums up the essence of the positivist view as : Right is a child
of law; from real laws come real rights, but from imaginary law, from "laws of nature,"
come imaginary rights.Natural rights is simple nonsense.
This transfer of abstract ideas regarding human rights and their relation to the will
of nature into concrete laws is exemplified best by various legal documents that
specifically described these rights in detail:
British Magna Carta (1215) - The English Magna Carta of 1215 granted by King John
is very much significant in the development of human rights. The overreaching theme
of Magna Carta was protection against arbitrary acts by the King. Land and Property
could no longer be seized, judges had to know and respect laws, taxes could not be
imposed without common council. The Carta also introduced the concept of jury trial in
Clause 39, which protect against arbitrary arrest and imprisonment. Thus, Carta set
forth the principle that the power of king was not absolute. The Carta was later
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Rights(UDHR).
The UDHR, commonly referred to as the international Magna Carta, extended the
revolution in international law ushered in by the United Nations Charter namely, that
how a government treats its own citizens is now a matter of legitimate international
concern, and not simply a domestic issue. It claims that all rights are interdependent
and indivisible. Its Preamble eloquently asserts that:
WHEREAS recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and
peace in the world..
The influence of the UDHR has been substantial. Its principles have been
incorporated into the constitutions of most of the more than 185 nations now in the UN.
Although a declaration is not a legally binding document, the Universal Declaration has
achieved the status of customary international law because people regard it "as a
common standard of achievement for all people and all nations."
During that time League of Nations existed but it was weak and lacked the power
to deal with human rights issues and therefore it was expected that the UN Charter
shall provide an effective international systems for the protection of human rights but
this did not happen because of opposition from the major problems as they had serious
problems of their own at that time whereas smaller countries favoured the inclusion of
Bill of Rights in the Charter, lacked the political influence. Consequently, the human
rights provisions of the Charter as adopted in San Francisco were weak and vague.
However, despite the vagueness, the human rights provisions of the Charter had a
number of important consequences namely;
a) The Charter internationalized the concept of human rights, though all the
matters did not ipso facto come out of domestic jurisdiction
b) Secondly, the obligation of the member States of the UN to cooperate with the
organization in the promotion of human rights provided the UN with the requisite legal
authority to undertake a massive effort to define and codify these rights.
c) Further, the success of the UN effort is reflected with the adoption of the
International Bill of Rights and in the vast number of international human rights
instruments in existence today.
torture and genocide and to protect especially vulnerable populations, such as refugees,
women, and children. In Europe, the Americas, and Africa, regional documents for the
protection and promotion of human rights extend the International Bill of Human
Rights. These documents have powerfully demonstrated a surge in demand for respect
of human rights. Popular movements in China, Korea, and other Asian nations reveal a
similar commitment to these principles.
2. Institution Building The 2nd stage in the evolution of international human rights
law began in the late 1960s and continued for 15 to 20 years. The second wave of
activism was influenced by the newly independent states of Africa and Asia. There were
some important conventions and covenants established during the decade: Together
with the Declaration the Covenants form the essential written core of international
human rights norms. These apart, during this period, two distinct developments took
place within the UNs framework. The first focused on the nature of human rights
obligation which article 55 and 56 created for the member States. The phrase to
promote was somewhat vague but the vagueness was removed by the adoption of
ECOSOC resolutions.
With the goal of establishing mechanisms for enforcing the UDHR, the UN
Commission on Human Rights proceeded to draft two treaties: the International
Covenant on Civil and Political Rights (ICCPR) and its optional Protocol and the
International Covenant on Economic, Social and Cultural Rights (ICESCR). Together
with the Universal Declaration, they are commonly referred to as the International Bill
of Human Rights. In addition to the covenants in the International Bill of Human Rights,
the United Nations has adopted more than 20 principal treaties further elaborating
human rights. These include conventions to prevent and prohibit specific abuses like
3. Implementation and the Post Cold War Period Although the latter half of the
20th century saw a rapid development of human rights norms-setting in international
venues, the political agenda of the Cold War did not favor the issue. The human rights
issues remained highly polarized and politicized, as the East and West had countering
opinions and the South its own views. The third wave was triggered by the revulsion
against the overthrow of the Allende government in Chile in 1973, the fact that
Covenants of 1966 entered into force and the beginning of the Carter presidency in the
US. In the 1970's the US foreign aid was linked to the human rights performance of the
recipients. The middle of the 1970's saw also the rise of the human rights nongovernmental organizations such as Amnesty International. The end of Cold War freed
many nations in Europe from communist rule permitting them to embark on a process
of democratic transformation. The end of the Cold War and its effect on human rights is
reflected in part in the text of 1993 Vienna Declaration and Programme of Action
adopted at the World Conference on human rights held in Vienna in June, 1993.
The ending of the Cold War in the beginning of 1990's has meant changes in the
activity and functioning of the human rights regime. Human rights have become more
visible in the political language and the institutions are now more active. It seems there
is a new wave of human rights activism going on. Both the General Assembly and
Human Rights Commission have become more active. Most importantly, the UN goals of
peace-keeping and human-rights protection have become increasingly combined.
During the Cold War, genocide in places such as Burundi, East Pakistan and Cambodia
were met only by verbal expressions of concern. Now, peace-keepers in El Salvador,
Haiti, Guatemala and Rwanda have explicit mandates to investigate human rights
violations. Rwanda and Yugoslavia have international tribunals to handle the charges
against human rights criminals, first time after Nuremberg.
International human rights commitments is still enmeshed with the complex
patterns of international politics, and it is easy to point out cases of janus-faced will to
act in some cases and withdraw in some other. The war in Iraq, which was partly
justified by human rights claims and the international unwillingness to interfere in
Sudan's genocidal civil war is a good example.
However, after the end of the Cold War the international willingness to use the
human rights language in international power politics has become larger. Even if this
rhetoric hides the true intentions, it tells something about the accepted values of our
times.
Governments then committed themselves to establishing the United Nations, with
the primary goal of bolstering international peace and preventing conflict. People
wanted to ensure that never again would anyone be unjustly denied life, freedom, food,
shelter, and nationality. The essence of these emerging human rights principles was
captured in President Franklin Delano Roosevelts 1941 State of the Union Address
when he spoke of a world founded on four essential freedoms: freedom of speech and
religion and freedom from want and fear. The calls came from across the globe for
human rights standards to protect citizens from abuses by their governments,
standards against which nations could be held accountable for the treatment of those
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living within their borders. These voices played a critical role in the San Francisco
meeting that drafted the United Nations Charter in 1945.
These apart, the post world war era witnessed a new form of human rights in
which has been termed as collective rights or group rights. These rights protect and
promote the cause of the vulnerable groups namely; women, children, disabled,
minorities etc.
MENACE OF RAGGING IN EDUCATIONAL INSTITUTIONS:
Ragging in many instances is a violation of human rights. Ragging is mainly for
making the new comers accustomed with the new atmosphere. It is the responsibility of
the seniors to make the juniors understand about the college, how to maintain
discipline, the norms of the college. Unfortunately, it is not what happening, the
freshers are being tortured, both girls and boys. Most of the ragging related crimes
have not been registered and FIR is not registered. In many instances, it has ended up
in suicides.
Article 14, 15, 16, 17, 18 under Right to Equality of the Indian Constitution has
allowed every citizen of the country to possess the basic human rights and
independence to which everyone is entitled; this includes right to life, liberty, freedom
of expression, equality, there will be no discrimination before law regarding sex, caste
and creed. Ragging is undoubtedly the violation of Human Rights as well as the
infringement of Indian Constitution. When anyone is tortured unnecessarily without any
reason, then it is violation of human rights. Ragging in its healthy form can be accepted
but when it starts going beyond its limits then it becomes the open violation of human
rights.
Pursuant to an order of Honble Supreme Court of India dated November 27,
2006, the Ministry of Human Resource Development has constituted a Committee under
the Chairmanship of Shri R.K. Raghavan (former Director, CBI) to look into the issue of
ragging and suggest means of prevention of ragging in educational institutions.
The Committee primarily examined the following broad aspects of ragging:
(a) Means and methods of prevention of ragging.
(b) Possible action that can be taken against persons indulging in ragging.
(c) Possible action that can be taken against college/university authorities in the event
of ragging.
The Committee had carried out a very detailed study with the help of voluntary
organizations including CURE (Coalition for Uprooting Ragging from Education) and
SPACE (Society for Peoples Action Change and Enforcement) and collected voluminous
public opinion on the various factors contributing for ragging. Noted psychologists and
educationists assisted the committee. The National Informatics Centre at the Ministry of
Human Resources hosted a guest book in their website. Nearly eleven press releases
were made during this period of evaluation and committee visited several cities in the
country. A subcommittee of the Medical Council of India was also constituted for this
purpose. A questionnaire was prepared that elicited over 12500 responses. In short a
wide cross-section of the society provided the necessary background information, data
and suggestions on tackling ragging in the country for consideration by the esteemed
committee.
Subsequently the committee submitted a detailed report with suitable
recommendations and measures required to effectively curb the menace. The
recommendations of the Committee were duly accepted and the following directives
have been issued to all the educational institutions for necessary implementation by the
Honble Supreme Court on 16 May 2007.
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of their failure, action can be taken; for example, denial of any grant-in-aid or
assistance from the State Governments.
(8) Anti-ragging committees and squads shall be forthwith formed by the institutions
and it shall be the job of the committee or the squad, as the
case may be, to see that the Committee's recommendations, particularly those noted
above, are observed without exception and if it is noticed that there is any deviation,
the same shall be forthwith brought to the notice of this Court.
(9) The Committee constituted pursuant to the order of this Court shall continue to
monitor the functioning of the anti-ragging committees and the squads to be formed.
They shall also monitor the implementation of the recommendations to which reference
has been made above.
The All India Institute of Medical Sciences requests all students, parents and guardians
to go through these directives and co-operate in the implementation of the directives of
the Honourable Supreme Court of India. It is hoped that this will signal an end to the
menace of ragging. Strict action shall be taken in accordance with the directives in case
any student is found to indulge in ragging.
landlords, who were exploiting the poor farmers. Finally Mahatma Gandhi became
successful in forcing the British to agree with his demands of reforming the farmers.
During this agitation people addressed Mohandas Karamchand Gandhi as
Bapu. Rabindranath Tagore accorded Mahatma (Great Soul) title to Gandhi in the year
1920.
Non Cooperation Movement:
The Gandhi Era in the Indian Freedom Struggle took place with the Non Cooperation
Movement. This movement was led by Mahatma Gandhi and the Indian National
Congress. This was the first-ever series of nationwide movement of non-violent
resistance. The movement took place from September 1920 until February 1922. In the
fight against injustice, Gandhi's weapons were non-cooperation and peaceful resistance.
But after the massacre and related violence, Gandhi focused his mind upon obtaining
complete self-government. This soon transformed into Swaraj or complete political
independence.
Thus, under the leadership of Mahatma Gandhi, the Congress Party was reorganised with a new constitution, with the aim of Swaraj. Mahatma Gandhi further
extended his non-violence policy to include the Swadeshi Policy, which meant the
rejection of foreign-made goods.
Mahatma Gandhi addressed all the Indians to wear Khadi (homespun cloth)
instead of British-made textiles. He strongly appealed to all Indians to spend some time
spinning khadi for supporting the independence movement of India. This was a policy to
include women in the movement, as this was not considered a respectable activity.
Moreover, Gandhi also urged to boycott the British educational institutions, to resign
from government jobs, and to leave British titles.
Gandhi and Jalliwanabagh Massacre:
Nobel laureate Rabindranath Tagore resigned the title knight from the British soon after
the Jalianwalabagh Massacre as a protest. When the movement reached great success,
it ended unexpectedly after the violent clash in Chauri Chaura, Uttar Pradesh. Following
this, Mahatma Gandhi was also arrested and sentenced to 6 years imprisonment. Indian
National Congress was divided into two segments. Furthermore, support among the
Hindu and Muslim people was also breaking down. However, Mahatma Gandhi only
served around 2 years and was released.
Dandi March:
Mahatma Gandhi returned to the forefront again in 1928. On March 12, 1930 Gandhi
launched a new Satyagraha against the tax on salt. He started the historic Dandi March,
by walking from Ahmedabad to Dandi, to break the law that had deprived the poor of
his right to make his own salt. Gandhi broke the Salt law at the sea beach at Dandi.
This movement stimulated the entire nation and it came to be known as Civil
Disobedience Movement. On 8th May, 1933, he started a 21-day fast of self-purification
in order to help the Harijan movement.
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freedom fighters were killed or injured by police gunfire, and hundreds of thousands
were arrested. He called on all Congressmen and Indians to maintain discipline via non
violence and Karo Ya Maro (Do or Die) in order to achieve ultimate freedom.
On 9th of August, 1942, Mahatma Gandhi and the entire Congress Working
Committee were arrested in Mumbai. In view of his deteriorating health, he was
released from the jail in May 1944 because the British did not want him to die in prison
and enrage the nation. The cruel restraint of the Quit India movement brought order to
India by the end of 1943 although the movement had modest success in its aim. After
the British gave clear signs of transferring power to the Indians, Gandhi called off the
fight and all the prisoners were released.
and enter India, then I would be the first person to take sword in hand and oppose
him. so much he disgust Subhash.
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The nationalist leaders who were front-line fighters for Indian independence movement
were alive to the phenomenon of social inequality in Indian society. They were
conscious of the fact that India as a nation would remain weak structurally if the
prevailing inequalities are not wiped out. Therefore, all of them were unanimous about
the shape and form of Indian society after independence. In the constituent Assembly,
under the able leadership of Pandit Jawaharlal Nehru, Dr. Rajendra Prasad, Sardar
Ballavbhai Patel, Maulana Abul Kalam Ajad, Shri Govind Ballav Pant, Dr. B. R.
Ambedkar and a host of other eminent freedom fighters thoroughly debated about the
hature of Indian Constitution to be framed which would be the most powerful
instrument in promoting national unity in the country.
The responsibility of drafting the constitution was assigned to Dr. Ambedkar, the
all time great constitutional expert. The Draft constitution was discussed and analysed
in the Constituent Assembly. The political leaders thoroughly realised that India neither
geographically nor politically a unified country. But having wrested freedom from the
British rule, they wanted to create a new India based on justice, liberty, equality and
fraternity which is evident from the Preamble of the Constitution of India. They
thoroughly debated about economic,
political, educational and social inequalities which persisted in Indian society. But they
promised that the sovereign democratic Indian republic would be a secular one. After
the lapse of a decade or so they adopted the resolution that Indian republic should also
be a socialistic one. In order to eliminate regional inequalities and to ensure equal
progress and development, they chose a federal system of government for India. There
would be strong central government. It would handle defence, foreign relations, nation"
level communication and fiscal management. Certain subjects wee earmarked for
central government and certain subjects were left to provincial governments and some
subject were kept in the concurrent list for both State governments and central
government.
Inequalities were rampant and conspicuous among all segments of Indian
population. The caste society is a symbol of discrimination of all sorts. Apart from inter
- caste inequalities, there were gender inequalities in each caste. The gender
discrimination is so strong in Indian society, even among the Brahmans, women were
greatly discriminated as they were not allowed to take up certain professions, such as
the priestly craft and propitiate in public places gods, goddesses and deities.
This accounts for complete male dominance even among the Brahmans. What is
true of Brahmans is equally true of all other castes in Indian society. The level of
literacy and education before independence was abysmally low even among Brahman
women. There were a lot of taboos to which Brahman women were subjected
particularly to widows. Child marriage and the practice of Sati which are still in vogue in
some parts of the country are abominable and highly discriminatory social practice.
Therefore, women were considered by national government a segment of weaker
sections of society. Apart from women two other major categories of Indian society who
have been termed as weak include the Scheduled Castes and Scheduled Tribes.
There are more than one thousand Scheduled castes and 283 Scheduled Tribes
Communities and there are some more, aspiring for inclusion in the lists of scheduled
castes and scheduled Tribes. In addition to the above categories of weaker sections in
Indian society, there are a large number of other Backward Classes in the country. The
above facts present a very dismal picture of Indian society. If a society is not equal and
healthy and if all sections of national society do not progress at equal pace, then that
country can never be strong enough in any context.
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The fundamental rights enshrined in the Constitution of India in the part-II of First
schedule are very important decrees as regards equality of all citizens. In part - III of
Schedule-I the fundamental rights of citizens ensure all sorts of equality and prohibition
of discrimination on the grounds of religion, race, caste, sex or place of public
employment and it also emphatically abolishes practice of untouchability from Indian
society. It guarantees freedom of speech to all, protection in respect of conviction of
offences, for the protection of interests of scheduled tribes and scheduled castes. It
ensures protection of life and personal liberty. It provides protection against arrest and
detention in certain cases. It also prohibits trafficking in human beings and forced
labour.
It also further prohibits employment of children in hazardous occupations. It
provides freedom of rights to practice of religions and also freedom to manage religious
affairs. The cultural and educational rights ensure protection of interests of minorities.
Rights of minorities include establishment and administration of educational institutions.
The constitution also guarantees within the scope of fundamental rights for practice and
preservation of arts and crafts.
The Directive Principles of States Policy in Part-IV of Schedule-I contains
provisions for the State to secure a social order for equitable promotion of welfare of
the people and in order to achieve this goal the State has to follow certain principles of
policy. For instance, men and women should be provided with equal opportunity and
right to earn adequate means of livelihood; that the ownership and control of material
resources of the community are so distributed as best to subserve the common good;
that the operation of the economic system does not result in the concentration of ways
and means of production to common detriments; that there is equal pay for equal work
for both men and women; that the health and strength of the workers, men and women
and the tender age of children are not abused and citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength, and that childhood and
youth are protected against exploitation and against moral and mental abandonment.
The Directive Principles of States Policy also calls for attention to the right to
work, to education and to public assistance in certain cases. It also provides scope for
introduction of compulsory education for all children up to the age of 14 years.
The Directive Principles also enshrine provisions for promotion of educational and
economic interests of scheduled castes and scheduled tribes and other weaker sections
of Indian society. Further it delineates that the States to raise the level of nutrition and
the standard of living and to improve public health. The State has to provide protection
and security to all.
From the above discussion it is clear that the founding fathers of Indian
constitution were conscious of social inequalities in Indian society and therefore they
had adopted this powerful document in the Constituent Assembly on January 26, 1950
and had given it to the people of India not only for smooth governance but to wipe out
all sorts of discrimination and inequalities and simultaneously aiming to build up a
national society based on socialism, equality, liberty and fraternity Now the diverse
elements in Indian nationhood are more integrated and are more coherent amongst
themselves, thereby forging a strong united and emotional national society. Nearly halfa-century is over. It would take some more time for the disparate elements to loose
their disintegrating facts and thereby become healthy elements of pluri-lndian social
system and multi-cultural nationhood. The constitution of India has become a powerful
medium of national integration through the democratic process. The whole of sociocultural integration is being achieved in a hierarchical or pyramidal form. The
independent judicial system of the country strengthens and reinforces national
integration through its landmark judgments. Wherever the executive goes wrong,
judiciary puts its on appropriate rail. It also provides guidance to State legislatures and
Parliament on the matter of national integration. There are instances of Supreme Court
intervention in administrative affairs with the sole objective of forging socio-cultural
integration in the country. In independent India the judiciary has played very important
role in the matter of national integration.
Structure and function of Indian civilization indicate that parochialism is replaced
by cementing, universalism. Factors are subsided to strengthen societal unity and local
and regional imbalances are paid due attention immediately and necessary steps are
taken to ensure balanced regional development. Whether it is economic development,
infrastructural development, health care services, educational facilities, occurrence of
crime, problems of law and order, inter-community strikes, suppression of social crimes
the State representative governments are quick to action, so as to strengthen and
reinforce national integration. State governments and central government very quickly
tackle any untoward problem so as to wipe out social pathological symptoms from body
politic.
Indian civilization is probably one of the oldest in the world. It is
contemporaneous, more or less, to Chinese, Mesopotamian, Sumerian, Egyptian and
Mayan Civilizations. These civilizations blossomed and declined. Modern Western
Civilization rests on Greeko- Roman Civilization. Some elements of the aforesaid world
civilizations might be found here and there, but it is difficult to find out spatio-temporal
continuity of these civilizations with modern civilization anywhere, except in China and
India. Modern Indian Civilization when analyzed diachronically, it appears that some of
the elements did occur in Indus Valley Civilization. The seals are pictographic designs
which comprise facts of Indus Civilization are today found in modern Indian culture. The
city planning, civic amenities, communication. The city planning, civic amenities,
communication system, ritual symbols, utilitarian items, like Great Bath continue to be
important elements of modern Indian civilization. Apart from these, farming main cereal
crops and agricultural implements found in Harappa Civilization account for their
survival in. modified form in the present day civilization.
The indigenous civilization of India is resilient with successes from time to time
and engulfs cultures of different communities and different regions which account for
the surviving facts of Indus civilization. The primary or indigenous civilisation has an
inner strength which contributes to the perpetuity of the ancient civilisation through
continuous modifications. Regional variations are there which are natural phenomena
because their physical environment and climatic conditions are not uniform all over the
country. However, there is an underlying unity among various regional cultures which
emerges as the sole spirit of Indian society and culture at the national level. The great
and little traditions, tribes, castes, village communities and various centers of Indian
civilization including cities and towns are all indomitable factors which re-integrate and
unify the national culture of India.
This cultural continuity is a product and cause of common cultural consciousness
shared by most Indians irrespective of ethnicity, caste, creed, status and gender.
Indians express certain essential similarities in their culture, mental outlook and others.
This common cultural consciousness has been formed in India with the help of
certain processes and factors, i.e. sacred books, sacred objects, sacred geography,
special class of performers, various agents of cultural transmission and the essence of
long cultural system. Indian writers, poets and literatures are respected, no matter to
whichever community they belong. They are held in high esteem as creative geniuses
who enrich Indian civilization. Their products are not sectarian but lofty and stand for
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Scheduled Tribes of India cover all the modes of tribal organization from the band to
the chiefdom. This was go back to 19th century when the tribal areas began to be
systematically opened up by the colonial administration. At the beginning of 19th
century the mix of the different modes of tribal organization among those who comprise
the STs of today was different. Bands of hunters and gatherers still exist among the
Andaman Islanders or on the mainland among the Birhors were more common then
now. The segmentary mode of tribal organization was also more common in Orissa, MP,
Bihar and other areas. But there were chiefdoms as well in addition to these.
Tribal society faces problem in the context of Indian society. There is first of all
the problem of discriminating among related and overlapping modes of tribal
organization. There is also problem of drawing clear lines of demarcation between tribal
and non-tribal society. In India the encounters between tribe and civilization have taken
place under historical conditions of a radically different sort. The co-existence of tribe
and civilization and their mutual interaction go back to the beginnings of recorded
history and earlier. Tribes have existed at the margins of Hindu civilization from time
immemorial and these margins have always been vague, uncertain and fluctuating.
Hindu civilization acknowledged the distinction between tribe and caste in the
distinction between tribe and caste in the distinction between two kinds of communities,
Jana and jati, one confined to the isolation of hills and forests and the other settled in
villages and towns with a more elaborate division of labour. The transformation of tribes
into castes has been documented by a large number of anthropologists and historians.
The tribe as a mode of organization has always differed from the caste-based
mode of organization. But tribes are not always easy to distinguish from castes
particularly at the margins where the two modes of organization meet. The distinctive
condition of the tribe in India has been its isolation mainly in the interior hills and
forests but also in the frontier areas. By and large the tribal communities are those
which were either left behind in these ecological niches or pushed back into them in
course of the expansion of state and civilization. The isolation of the tribal communities
is and always has been a matter of degree. Some tribes have been more isolated than
others but at least in the interior areas where the bulk of the tribal population is to
found none has been completely free from the influence of civilization. Their isolation
whether self-imposed or imposed by others blocked the growth of their material culture
but it also enabled them to retain their distinctive modes of speech. Today the most
single indicator of the distinction between tribe and caste is the language. The castes
speak one or another of the major literary languages; each tribe has its own distinctive
dialect which might differ fundamentally from the prevalent regional language. But
sometimes this distinction does not work as there are many tribes in western India
including the Bhills who do not have any language of their own and adopted the
language of the region.
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CHARACTERISTICS OF TRIBE:
Mandelbaum mentions the following characteristics of Indian tribes:Kinship as an instrument of social bonds.
A lack of hierarchy among men and groups.
Absence of strong, complex, formal organization.
Communitarian basis of land holding.
Segmentary character.
Little value on surplus accumulation on the use of capital and on market trading
Lack of distinction between form and substance of religion
A distinct psychological bent for enjoying life.
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CONCEPT OF CASTE:
The leaders of independent India decided that India will be democratic, socialist and
secular country. According to this policy there is a separation between religion and
state. Practicing untouchability or discriminating a person based on his caste is legally
forbidden. Along with this law the government allows positive discrimination of the
depressed classes of India.
The Indians have also become more flexible in their caste system customs. In
general the urban people in India are less strict about the caste system than the rural.
In cities one can see different caste people mingling with each other, while in some
rural areas there is still discrimination based on castes and sometimes also on
untouchability. Sometimes in villages or in the cities there are violent clashes which, are
connected to caste tensions. Sometimes the high castes strike the lower castes who
dare to uplift their status. Sometimes the lower caste get back on the higher castes.
In modern India the term caste is used for Jat and also for Varna. The term, caste
was used by the British who ruled India until 1947. The British who wanted to rule India
efficiently made lists of Indian communities. They used two terms to describe Indian
communities. Castes and Tribes. The term caste was used for Jats and also for Varnas.
Tribes were those communities who lived deep in jungles, forests and mountains far
away from the main population and also communities who were hard to be defined as
castes for example communities who made a living from stealing or robbery. These
lists, which the British made, were used later on by the Indian governments to create
lists of communities who were entitled for positive discrimination.
The castes, which were the elite of the Indian society, were classified as high
castes. The other communities were classified as lower castes or lower classes. The
lower classes were listed in three categories. The first category is called Scheduled
Castes. This category includes in it communities who were untouchables. In modern
India, untouchability exists at a very low extent. The untouchables call themselves
Dalit, meaning depressed. Until the late 1980s they were called Harijan, meaning
children of God. This title was given to them by
Mahatma Gandhi who wanted the
society to accept untouchables within them. The second category is Scheduled Tribes.
This category includes in it those communities who did not accept the caste system and
preferred to reside deep in the jungles, forests and mountains of India, away from the
main population. The Scheduled Tribes are also called Adivasi, meaning aboriginals.
The third category is called sometimes Other Backward Classes or Backward
Classes. This category includes in it castes who belong to Sudra Varna and also former
untouchables who converted from Hinduism to other religions. This category also
includes in it nomads and tribes who made a living from criminal acts.
According to the central government policy these three categories are entitled for
positive discrimination. Sometimes these three categories are defined together as
Backward Classes. 15% of India's population are Scheduled Castes. According to central
government policy 15% of the government jobs and 15% of the students admitted to
universities must be from Scheduled Castes. For the Scheduled Tribes about 7.5%
places are reserved which is their proportion in Indian population. The Other Backwards
Classes are about 50% of India's population, but only 27% of government jobs are
reserved for them.
Along with the central government, the state governments of India also follow a
positive discrimination policy. Different states have different figures of communities
entitled for positive discrimination based on the population of each state. Different state
governments have different lists of communities entitled for positive discrimination.
Sometimes a specific community is entitled for rights in a particular state but not in
another state of India.
In modern India new tensions were created because of these positive
discrimination policies. The high caste communities feel discriminated by the
government policy to reserve positions for the Backward Classes. In many cases a large
number of high caste members compete for a few places reserved for them. While the
Backward Classes members do not have to compete at all because of the large number
of reserved places for them compared to the candidates. Sometimes in order to fill the
quota, candidates from the lower classes are accepted even though they are not
suitable. Sometimes some reserved positions remain unmanned because there were
few candidates from the lower classes causing more tension between the castes.
Between the lower castes there are also tensions over reservation.
In the order of priority for a reserved place of the Backward Classes, candidate
from the Scheduled castes is preferred over a candidate from the Scheduled Tribes who
is preferred over a candidate from the other Backward Classes. As stated earlier Other
Backward Classes are about 50% of India's population but only 27% of the Other
Backward Classes are entitled for positive discrimination according to central
government policy. Some Other Backward Classes communities are organizing
politically to be recognized as Backward Classes entitled for positive discrimination.
The Scheduled Tribes who are seen as the aborigins of India got ownership and
certain rights over Indian land. Many communities in India claim also to be aborigins of
India and they are claiming the same rights as the Scheduled Tribes.
The caste identity has become a subject of political, social and legal interpretation.
Communities who get listed as entitled for positive discrimination do not get out of this
list even if their social and political conditions get better. In many cases the legal
system is involved to decide if a certain person is entitled for positive discrimination.
But with all this positive discrimination policy, most of the communities who were
low in the caste hierarchy remain low in the social order even today. And communities
who were high in the social hierarchy remain even today high in the social hierarchy.
Most of the degrading jobs are even today done by the Dalits, while the Brahmans
remain at the top of the hierarchy by being the doctors, engineers and lawyers of India.
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CHARACTERISTICS OF CASTE:
1. Casteism signifies blind caste or sub-caste loyalty. It either ignores or does not care
for the interests of other castes.
2. For a casteist My caste man and my caste only, right or wrong is the principle.
3. Casteism goes against the spirit of democracy.
4. It submits ones sense of justice, fair play and humanity to the interest of his own
caste.
5. It is against the lofty ideal of the constitution.
6. Casteism is a big hurdle in the way of nation-building and national integration.
7. Casteism creates caste solidarity to the extent that: (a) one caste seeks to dominate
over others, (b) higher castes exploit the lower castes, (c) elections are contested and
won on caste basis, and (d) inter-caste conflicts increase in society.
8. Casteism is essentially a rural phenomenon. Its role in the urban areas is negligible.
TRIBE CASTE DISTINCTION:
There are no specific criteria by which we may distinguish a tribe from a caste. In broad
terms, a tribe is defined as a community occupying a common geographic area and
having a similar language and culture or be-liefs and practices (Theodorson,
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1969:443). Nadel has described tribe as a society with a linguistic, cultural and
political boundary. But there are many tribal societies which lack government and the
centralised author-ity in the ordinary sense of the term. Likewise, cultural homogeneity
in a tribe is also elusive in this age.
Scholars like G.S. Ghurye, T.B. Naik, F.G. Bailey and Verrier Elwin have used
different criteria like religion, geographical isolation, language, economic backwardness,
and political organisation for distinguishing caste from tribe.
On the basis of religion, it is said that the religion of tribals is Ani-mism and that
of the people with caste system is Hinduism. Hutton (1963) and Bailey (1960:263)
believe that tribals are not Hindus but are animists. The basic characteristics of animism
are the beliefs that all ani-mate and inanimate objects are permanently or temporarily
inhabited by spirits; all activities are caused by these spirits; spirits have power over
the lives of men; men can be possessed by spirits; and they can be influenced by
magic.
On the other hand, the chief characteristics of Hinduism are dharma, bhakti,
karma and rebirth. It will be wrong to say that the Hin-dus, particularly the lower caste
Hindus, do not believe in spirits and ghosts or in magic and possession.
Similarly, there are many tribals who worship Hindu gods and goddesses,
celebrate Hindu festivals and fairs and observe Hindu customs, traditions and rituals. It
is, therefore, not easy to distinguish between Animism and Hinduism. Elwin (1943),
Risley (1908) and Ahuja (1965) have also maintained that the distinction between
Hinduism and Animism is artificial and meaningless. Religion as a single criterion, thus,
cannot be used to distinguish between a tribe and a caste. Ghurye, Naik and Bailey
have also rejected this criterion.
On geographical isolation basis, it is said that tribals live in geographi-cally
isolated regions like hills, mountains and jungles but caste Hindus live in the plains. Due
to isolation and negligible contacts with their civilised) neighbours, tribals are
comparatively less civilised than the Hindus. Though it is true that at one time some
tribals lived away from means of communication yet many caste Hindus also lived in
isolated regions, while many tribals lived in plains. In this age, no groups live in
isolation. Geographical isolation too, thus, cannot be accepted as a criterion for
dif-ferentiating tribe from caste.
Using language as a criterion for difference between a tribe and a caste, it is said
that each tribe has its own language but not a caste. But then there are tribes which do
not have their own languages but speak the dialect of one of the main Indian
languages, as in South India. Therefore, language also cannot be accepted as a
criterion for distinction.
Economic backwardness too is not a correct criterion for distinction. If tribals are
backward and primitive, caste Hindus are also almost equally poor. On the other hand,
we have economically advanced tribes too. Bailey (1960:9) also rejects this criterion by
holding that it is wrong to hold sociologically that economic backwardness refers to a
standard of living rather than to a type of economic relationship.
He himself used economic structure and politico-economic organisation for
differentiat-ing the Konds (tribe) from Oriyas (caste) in Orissa. Bailey (1960) presented
a systematic interactional model for considering the position of the tribe vis-a-vis caste
as two ideal poles in a linear continuum. He con-centrated on two factors: control over
land and right to resources of land.
He maintained that in both the tribal and caste societies, we find land-owners and
landless people who are dependants on landowners for their share of land resources.
But analysing the economic organisation of a vil-lage territory (inhabited by castes)
and a clan territory (inhabited by tribes), he found that a village is divided into
economically specialised in-terdependent castes arranged hierarchically whereas though
a clan territory is also composed of economically specialised groups, yet these are not
hierarchically arranged; nor are they economically interdependent on each other.
In other words, in a tribal society, a larger proportion of people has a direct
access to land while in the case of caste-based society, a very few people are landowners and a large number achieve the right to land through a dependent relationship.
Thus, according to Bailey, a tribe is organised on a segmentary solidarity while a caste
is organised on an organic solidarity.
But Bailey avers that at what point of continuum a tribe ceases and a caste begins
is difficult to say. In India, the situation is such that there is hardly any tribe which
exists as a separate society, hav-ing a completely separate political boundary.
Economically too, the tribal economy is not different from the regional or national
economy. But we do regard some communities as tribal and include them in the
recognised list of scheduled tribes.
H.N. Banerjee worked in 1969 on the detailed pattern of tribe-caste continuum
among the Kora of Barabhum. N.K. Bose (1949) has held that the tribes are being
pulled towards the caste system mainly through the agriculture and craft-based
economy of the caste society. M. Orans (1965) has said that while the higher economy
of the Hindus pulled the tribes to-wards emulating the caste pattern, the forces of
political solidarity pushed the tribes away from the Hindu caste system. L.P. Vidyarthi
(1972) has maintained that tribal group works as an affix to the caste system and in a
few cases as suffix too.
From an anthropological point of view, tribes in India appear to be gradually
merging with the caste system. Ghurye has revealed that some tribes are not isolated
from the Hindu castes of the plains in language, economy or religion. He re-gards them
as backward Hindus. Thus, it may be said that tribes and castes are two ends of the
same scale.
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Max Weber writes in Social Structure that when an Indian tribe loses its territorial
significance it assumes the form of an Indian caste. In this way the tribe is a local group
whereas caste is a social group.
According to D.N Majumdar the tribe looks upon Hindu ritualism as foreign and
extra -religious even though indulging in it and the in the worship of God and Goddess
where as in the caste these are necessary part of the religion.
In caste individuals generally pursue their own definite occupations because
functions are divided under the caste system. In the tribe individuals can indulge in
whatever profession they prefer as there is no fixed relation between them and
occupation.
According to Bailey tribe and caste should be viewed as continuum. He seeks to
make distinction not in terms of totality of behavior but in more limited way in relation
to the political economic system. Briefly Bailey's argument is that a caste society is
hierarchical while a tribal society is segmentary and egalitarian. But in contemporary
India both caste and tribe are being merged into a different system which is neither one
nor the other.
The tribes in India have been influenced by certain traditions of the communities
around them. Major neighboring community in all the areas has always been Hindus. As
a result from the very period there have been several points of contact between the
Hindus of the area and tribal communities living within it. The nature and extent of
contact the pattern of mutual participation and characteristics of revitalization
movements have been different in different parts of India.
The ethnographic records establish that the contacts varied from semi-isolation to
complete assimilation. The numerous castes among Hindus have emerged out of the
tribal stratums. The recent studies of tribes of Himalayan western and middle India
have left no doubt that some of the tribes are Hinduized to the extent that they have
been assimilated with the different castes at different levels in the caste system.
The study of two major Central Himalayan tribes Tharu and Khasa reveal that
though they have a tribal matrix and continue to practice certain distinctive tribal
customs they have been accepted as Kshatriya.Their culture have been modeled on the
ways of living of the Rajputs and Brahmins of the neighbor plain areas. With their fast
adoption of the Hindu names and establishment of social connections with the Rajputs
and Brahmins of the plains.
They declare themselves as Rajputs and with Brahmins constitute the apex of the
social order. With the long and continuous contacts with the regional Hindu castes the
tribals of Kharwars has long been assimilated as Rajput castes. There are numerous
other tribes which have undergone selective acculturation and have added selected
traits or features of the regional Hindus to their respective traditional cultures. In this
practice of acculturation most of them failed to occupy any rank in the castes hierarchy
while few of them were integrated into the lower strata of the Hindu social system.
NOTE
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