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Sunday 16 October 2016

CASTE vs CASTICISM


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Caste system is a phenomenon related to Hinduism in particular. Its origin, evolution and existence are peculiar to India. Caste system is a system much like western concept of racism where people are discriminated against due to their skin colour; similarly, in caste system, discrimination is done on the basis of birth i.e. a person’s social status is defined on the basis of his/her caste in which he/she took birth and that is the sole criterion of establishing his/her social status. In other words, on the basis of caste, it is fixed at the time of a person’s birth that whether she/he would have higher or lower status in social hierarchy.
It’s a big shame that even in a 21st century and in this age and time when human society has so progressed scientifically that people are planning to buy lands on planet Mars, Indian society believes in a system as archaic as the caste system.
There have been various social movements and notable social reformers who have all through their lives worked to abolish this discriminatory system solely based on birth. However, not much has happened on the ground. Indian Constitution also provides several provisions to secure rights of socially backward persons and there are laws too in this regard but there is lot to be done still.
In this article, we would try to understand and explore caste system in its different dimensions such as its meaning; meaning of caste; origin of Varna system; it’s bad effects; constitutional safeguards and present scenario.
Caste which is also known as Varna or Jati can be understood as an identification on the basis of birth. It’s like a designation given to you without your asking for it. It is a hereditary system; thus, a child gets the caste of his father on its birth. According to Hindu shastras, there are mainly four hereditary castes or Varnas into which the Hindu society is divided viz. Brahmin, Kshatriya, Vaisya and Sudra.
Caste or Varna System is a purely Indian phenomenon and especially it is practiced among Hindus, though with time, as far as India is considered, other religions such as Islam, Sikhism, Christianity etc. also adopted some trappings of it.
As already been explained it is much like the western concept of racism, it can also be compared with the Class System of European continent. Class system is also a discriminatory system. Class system is based on many different factors such as wealth, power, prestige, ancestry or birth, religion, and occupation. Generally, class is not hereditary while caste is. But similar to the caste system, class system also differentiates or stratifies different social groups on the basis of their standing in the society.
Caste system is a unique type of class system in which the social ordering is done on the basis of birth. This type of system exists in Indian subcontinent only. Unlike class system, cast system does not allow any person to move from one caste to another. There is strict restriction on inter-dining and inter-marriage among people belonging to different castes. One of the main characteristics of caste system is Endogamy i.e. marrying into their own caste. It is very formal, rigid and well defined system.
That is why Varnas or castes are known as closed classes. It is a closed system of stratification in which almost all children end up in the same section of society as their fathers.
There is no certain date when the caste system came into existence in India. But according to the Manusmriti, the caste system in India was, in the beginning, a system of prescribing codes of conduct for people to suit the requirements of their occupation. Thus, it was based on their occupation. But gradually the occupation of people became hereditary and the caste system also changed from occupation to birth and heredity. Now caste of a person got fixed at the time of his/her birth and so was his/her social status.
As far as theory of origin of caste system is concerned, the religious theory explains that according the Rig Veda, which is one of the most sacred religious texts of Hindus, different Varnas were created from different parts of the primal Purusha’s (the First Person) body; the Brahmans were created from his head, the Kshatrias from his hands, the Vaishias from his thighs and the Sudras from his feet. Some theories also believe that the primal Purusha was nothing but the God Brahma himself. So according to them, different Varnas originated from lord Brahma
Castes were first classified according to their occupation. But due to access to wealth, power, and privilege, two of the upper castes viz Brahmins and Kshatriyas started to use religious sanctions to monopolize their position. History tells us the same that the dominant position in society was monopolized by two main upper castes.
More or less, the situation is still the same. These two upper castes are considered as superior to the lower castes. And the sanction or validity to this superiority was provided by various religious writings so that no one should question this position. Such people in position of power like to perpetuate their strategic position by means of force or ritualistic customs.
As far as social stratification is concerned, the Brahmins, generally priests and scholars, are at the top. Next strata consist of the Kshatriyas, the ruling class and soldiers. Usually, the Kshatriyas collaborated with the Brahmins as they governed over their empire. A Kshatriya is branded by physical and martial strength.
Next in the hierarchy are the Vaishyas, or merchant class. It was the duty of the Vaishyas to ensure the community’s prosperity through agriculture, cattle rearing, trade and business. The Vaishyas were considered to be weak in comparison. And they were exploited for by their rulers. The luxurious lifestyle of the ruling class and wars etc were maintained on the cost of Vaishyas.
Then there were Shudras, the lowest in four Varnas. They are labourers, peasants, artisans, and servants. Shudras were believed to not have any special abilities and were considered only capable of serving as slaves to the upper three classes. They were having no rights or privileges, and were not permitted to perform any sacrifices or homa, read or learn the Vedas or recite the mantras. They were also not allowed even to enter into the temples and to participate in any religious rituals.
These discriminatory practices against so-called Sudras are still prevalent in our society in large measure.
Apart from these four Varnas, another section was there which was considered lowest of them all. They were ‘untouchables’, the outcastes; because they were not considered part of any of the said four Varnas. These ‘untouchables’ were there to perform such occupations that were considered unclean and polluting, such as scavenging and skinning dead animals. These were the most discriminated and exploited ones; all the four Varnas maintained distance from them. And it was considered as sin even if a shadow of an outcaste lied on anonymous
Social stratification on the basis of caste is the main reason behind various types of exploitation against so-called lower castes, especially those described as Sudras and Untouchables.
From the beginning of this system, sudras and untouchables were treated as slaves by so-called upper castes. They were allowed only to do menial works and all the lowly works but they were given no powers or privileges. All the privileges were for Brahmanas and Kshatriyas. All the leadership position in religion, polity, economy or society was assumed and taken hold off by two of the so-called upper castes; their political or social influence was always minimal.
However there were various social reformers such as Raja Ram Mohan Roy who devoted their lives for the upliftment of these downtrodden people, various reform movements were there to abolish the caste system. But it was so ingrained in our social fabric that it was next to impossible to change the situation on ground.
Thus, when India got independence and the Constitution was being framed, our founding fathers were of the opinion that such provisions should be added in the text which would lessen the ills of caste system and bring about equality in social field. Social justice was one of the main objectives of our Constitution.
First of all the Preamble to the Constitution envisions India as a nation where socio-economic and political justice is there; where there will be equality of status and opportunity and where dignity of the individual is secured.
The Constitution guarantees equality before law (Art. 14), and enjoins upon the State not to discriminate against any citizen on grounds of caste (Art. 15 (1)).
Untouchablity is abolished and its practice in any form is forbidden (Art. 17). The Constitution mandates that no citizen shall, on grounds only of caste or race, be subjected to any disability and restriction (Art. 15 (2)).
It empowers the State to make provisions for reservation in educational institutions (Art. 15 (4) and (5)), and in appointments for posts in favour of SCs (Art. 16 (4), 16(4A), 16(4B) and Art. 335). Reservation of seats for SCs in the Lok Sabha is provided under Article 330, in the State Assemblies under Article 332 and in the Local Self-Governments bodies under Articles 243D and 340T.
Further, the Constitution guarantees protection from social injustice and all forms of exploitation (Art.46)
Caste system in India is so rigidly deep-rooted in its socio-cultural and religious life that it now almost has God-given approval behind it. And anything against or in opposition of this system is considered to be a sin or disrespectful to God.
But in reality it is no God-send virtue to be followed by the people. It has had several exploitative and discriminatory effects on our social order throughout the ages. As a by-product, caste system has given several other social ills to the society such as Untouchability.
The system is still continuing in India as a well-established and sacred customary rule and is followed by almost everyone regardless of their economic or social status. Though the younger generation is discarding such social norms but still the system is well-entrenched in our socio-religious beliefs. India cannot become a truly modern country in the 21st century, if it fails to abolish this discriminatory practice based on caste.
The biggest problem in abolishing and removing this menace from the society is the in general social acceptability of the same. Until and unless this changes no hope is there. Because law can provide protection from exploitation but it cannot bring attitudinal change in so-called upper castes. The young and modern generation is perhaps the only hope in bringing about the real meaning of social justice in our country.

Wednesday 12 October 2016

MARTIAL RAPE IN INDIA

Image result for rape protest

 



 Rape is the most heinous crime committed against women. It not only destroys a 
victim physically  but also psychologically. It affects body as well as soul; the act of 
using and abusing a women’s body for sexual pleasure without her express or implied 
consent is violative of not only individual’s dignity but also of the society as a whole.
  Its revolting to one’s thought that your body is being used 
forcefully for someone’s sexual pleasure.We have stringent laws in place to protect 
women from the crime of rape and serious punishment has been provided therein for the offender. 
But the rate of commission of such crime is still very high and in fact it’s on the rise in our society.
Apart from rape in general, marital rape or forceful sexual intercourse by a man with 
his own wife is a bitter reality of 
our society. Though the general consciousness of the society might consider marital 
rape as a morally and ethically wrongful act but it does not regard it as a serious crime; 
and in fact, directly or indirectly gives it a social sanction in the name matrimonial necessity. 
The worst part is that the law 
of the land also, till now, has failed to recognize marital rape as an offence and in a 
sense gives it a legal sanction also.
If Rape is the genus, the Marital rape is one of its species. It can be defined as 
unwanted sexual 
intercourse by a man with his own wife without her express or implied consent, 
either forcefully or by 
the use of threat or coercion of physical harm
The essential feature of marital rape is the relationship of husband and wife between the
 man and woman; 
this makes the issue more socially relevant. Like in rape, in marital rape also there is no 
consent of the women and there is use of force by the man for sexual intercourse.
Though society as a whole considers rape as very serious crime and law also gives great 
importance in punishing the rapists, but, rape laws do not give any protection to married 
women in case their husbands forcefully have sexual intercourse on them. Society as a 
whole also does not consider marital rape as an issue of any significance and gives full 
immunity to husbands.
Married women who are subjected to this kind of sexual violence by their own husbands 
have no place to go; they cannot complain this to their family due to societal pressure and also 
they cannot go to police because law does not recognize marital rape as crime. Thus, victims of 
marital rape are condemned to bear the pain silently and have no remedy in sight.
The reasons of marital rape can be many such as sexual perversion of husband; desire to assert
  superiority of men over women; petty domestic issues; attempt of women to demand her right in
  marital relationship etc.
Thus, in essence, the main reason of this marital menace is wide spread gender
 inequality prevailing in our society. It is another aspect of our patriarchal and 
male-dominated system of social norms where women either married or un-married 
do not have equal rights in any which way. It is another weapon in the hands of man 
to exploit and subjugate women.
Also, one of the reasons is the role traditionally assigned to married women in 
our society. The role as defined by society to married women is of pati-vratastri
means pure, faithful and obliging women. Thus, a married woman is supposed to 
follow her husband’s directions fully and fulfill all his demands without any questioning. 
So the notion of ‘good wife’ is not good for women but for men only. 
Sexual relationship has been considered as an important part of married woman’s 
duty towards her husband and she is not supposed to deny that to him. 
Her role must be of submission and surrender.
Economic dependence over her husband and in-laws is also one of the reasons that
 married women are unable to protect themselves from frequent practice of marital rape 
and are bound to bear the violence.
Another reason is the absence of legal provisions recognizing marital rape as an offence; 
which encourages the man to continue with his behavior and leaves the wife with no remedy.
The biggest disappointment in dealing with the ill of marital rape is that it is not an 
offence in the eyes of law in India. Neither the Indian Penal Code, 1860 nor any other 
specialized legislation such as the Domestic Violence Act, 2005 specifically recognizes 
marital rape as a crime.
Though marital rape is one of the most humiliating and degrading experience for a woman 
but our legislatures did not yet find it appropriate to amend existing penal 
Acts or to enact a new specialized legislation to protect married women from this continuing violence.
Section 375 of IPC defines rape. It lists acts which shall be considered as the offence of rape; 
it also provides conditions fulfillment of which will bring acts as defined in the purview of rape.
But the definition does not recognize forceful intercourse by a husband with his wife as rape. 
In other words, Section 375 excludes marital rape from its purview.
One of the provisions (sixthly of section 375) provides that sexual intercourse by 
a man with a girl under 18 years of age is rape, either with or without her consent. 
But, in the same section, it is provided that (as per Exception attached to Section 375), 
sexual intercourse by the husband with his own wife and wife not being under 15 years of age is 
not considered as rape. Thus, if a girl is married and her husband commits forceful sexual act 
upon her it is not rape even if she is below 18 years of age but not below 15.
The irony or double standard in law is obvious here, for a married woman above the age of 
15 there is no remedy against her husband’s sexual perversion. This provision imparts a great 
injustice to married women because it helps the perverted husbands to perpetuate their wrongful act.
 And it provides no remedy to the wife if she is above 15 years of age.
Furthermore, even recognition of sexual relationship as rape in case of wife being below 15 is 
not because law considers it as marital rape but the consideration is only that of age of the wife.
Thus, the IPC does not give recognition to marital rape at all. Even the much talked about recent 
criminal law amendment i.e. the Criminal Law Amendment Act, 2013 did not make any provision 
regarding marital rape.
Further, Section 376B provides that sexual intercourse by a man with his own wife without her 
consent during judicial separation is an offense punishable with imprisonment up to 2 years and 
fine also. But here also the provision does not recognize the said offence as rape. And in this case 
the married couple is living separately under a decree of judicial separation. 
Thus, here too marital rape did not find any mention.
Perhaps only if we take a broader view, marital rape may be considered as a form of ‘cruelty’ as 
defined under section 498A, because cruelty includes any type of harm both mental as well as 
physical. But strictly speaking it is going too far with the provision and also 
it will only be taken as cruelty not marital rape.