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SOCIOLOGY

BA. LLB. 5 YR. (2-SEM) COURSE MATERIAL

CONTENTS

UNIT - I 1.

Caste

2.

Class

3. 4.

Varna Schedule Castes and Tribes

UNIT - II 1.

Custom & Law

2.

Basic of Legitimacy

3.

Evolution of Legal System

4.

Significance of Law in India

5.

Law in Relation to Social Order

UNIT – III 1. Occu pation and Profession, 2. Disti Distinction nction between work and Leisure 3. Divis Division ion of Laour 4. Jajma Jajmani ni System 5. Legal Legal Profession Profession in India: An Introduction

UNIT-IV a) Mean Meaning ing of Social Change b) Mode Modess of Sanskritization, Westernization, Westernization, Urbanization

Factors rs of Social Change c) Facto d) Law and Social Change in India

UNIT-V 1. Communalism 2. Regionalism 3. Casteism 4. Social Movements

Questions

SYLLABUS SOCIOLOGY –II Unit – I Caste, Class, Varna, Schedule Castes and Tribes Unit – II Custom and Law, basic of Legitimacy, Evolution of Legal System, Significance of Law in India, Law in Relation to Social Order Unit – III Occupation and Profession, Distinction between work and Leisure, Division of Laour, Jajmani System, Legal Profession P rofession in India: An Introduction Unit – IV Meaning of Social Social Change, Modes of Sanskritization, Westernization, Westernization, Urbanizati on, Factors of Social Change, Change, aw and Social Change in India Unit-V Communalism, Communal ism, Regionalism, Casteism, Social Movements

UNIT - I CASTE SYSTEM

The word 'caste' is used in everyday life and we use it to distinguish one person from ano ther ther.. We We say that such and such person belongs belong s to a particular caste. In saying it we ge nerally mean to convey that he h e is born of parents or is a member of the family said to belong to a particular caste. ca ste. In this way caste is a hereditary he reditary group. And in biology the word is used only on ly for descent or heredity.

S U K M A K Ketkar - "A caste is a group having two characteristics: 1. 2.

Mem bership is confined to those who are born of members and includes all persons so born.' The members are forbidden by an inexorable social law to marry outside the group. group. The two character istics istics of the caste highlighted in this definite way do not hold water in all cases. Now-a-days cases. Now-a-days members of members of one caste wed members of other caste. Of the predominating characteristics of of caste, N. K. Dutt has mentioned the following: Characteristics of Caste systems.

Mem bers of a caste cannot wed outside their own caste. There are There are similar but less strict laws governing the partaking of food with members of other other groups. For many many castes the occupations are fixed. There are There are some accepted stratifications among the castes in which the Brahmins have been been accorded the best place place at the top. e) Birth determines Birth determines the caste of the individual for his entire life so long as he h e is not extradited extradited from it for violating its violating its laws. There is no other possible way of transferring from one caste to another. f) All occupations occupations are based on the respect of the Brahamins.

a) b) c) d)

This description description of the caste system by Dutt is a more comprehensive exposition but this too does not take into account the numerous variations presently taking place in the caste system. Actually, Actually, it is difficult to formulate a definite definite and permanent definition of caste. The most that can be done is to describe describe the features of the caste system system in a particular context, since the caste system is undergoing much modification modification and transformation. transformatio n. It would not be surprising if castes were eventually reduced to a word signifying signifying merely a group, since inter caste marriages are increasing and the restrictions on mutual behaviour, exchange of goodwill and conduct are breaking. Some people are changing their castes on the strength of their monetary wealth, the occupations for the various castes are no longer fixed, a member of any caste takes to any profession that he desires, the Brahmins have been deprived of much of their past glory and respect, very few caste Panchayats are to be seen and even they have no control whatsoever over the members. Many people have started excluding their caste name from the name they use. In this way caste is continually taking on the shape of class and casteism is growing in the form of class. 1. 2. 3. 4. 5.

Caste is innate There are laws concerning food in the caste Occupations of most castes are determined Caste is endogamous Caste has laws concerning position and untouchables

1

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Origin of Caste System There are some theories propounded by different sociologists for the origin of caste system in India. Some of them are given below: 1. 2. 3. 4. 5. 6. 7.

Traditional Theory Racial Theory Occupational Theory Brahmanic Theory Religious Theory Primitive Culture Theory Evolutionary Theory

S U K M A K Causes of Change in caste system 1. 2. 3. 4. 5. 6.

Secular state after India's Independence 1947 Urbanization Industrialization Indus trialization Spread Sprea d of modern education Sociall legislation Socia Awar eness eness among people

Recommended Recommend ed Books 1. 2. 3. 4. 5. 6. 7. 8. 9.

C. N. Shanker Rao Vidya Bhushan Sachde dev va Hutton Hutto n G. S. Ghurey Herbert Herb ert Risley Mayani Maya ni T. K. Oomen D. N. Majumdar N. K. Dutta

: : : : : : : : :

Sociology An Introdu ducction to Soci cio ology Caste in India Caste, Class and Occupation in India The People of India Sociology Sociology Race and Culture of India Origin and growth of Caste in India

CLASS A class is a form of social stratification in which allocation to membership of, and relationship between classes are governed by economic consideration rather than low (as in estate) or religion and ritual pollution (as in caste). Roman census-tapers introduced the term 'classes' when differentiating the population on the basis of wealth for purposes of military service obligation. But its its use in English for classes in society (as distinct from classes in schools or classes as part of a classification of plants etc.) is associated with the beginning of the industrial revolution in 18th century. century. Since then sociologists sociologists have generally used class in connection with the emergence development and suppression of what is called, according to the theory adopted, capitalist or industrial society. There are two basic uses of class within sociology. Both have in common a view of classes as hierarchically arranged economic granting in an overall system, in tha t c1asser are not single entities but are defined d efined in relation to each other o ther.. 1.

Classes as formularies playing on actual role in developments in society and history, whose existence is more or less perfectly understood by the individuals or households who compose them. This

2

involves a degree of class consciousness and class conflict. The two main approaches are those of Morx and Weber. Classes as categories which sociologists or social stratification distinguished by applying economic criteria (e.g. level of income) or procedures (e.g. the grouping and grading of occupation) but which are not thereby presumed to have potential for class consciousness, sometimes called socio-economic classes or groups.

2.

Definitions of class

p ersons having essentially the same social Ogburn and Nimcoff: A social class is the aggregate of persons status in a given g iven society.

1.

S U K M A K 2.

Lapiere: A social class is culturally defined group that is accorded a particular position or status within the population as a whole.

3.

Ginsberg: A class is a group of individuals who through common Ginsberg: co mmon descent, similarity of of occupation wealth and and education have come to have a similar mode of life, a similar stock of those ideas, ideas, feelings and attributes attributes and forms of behaviour and attitudes and forms of behaviour and who, on any on any or all of these grounds, grounds, meet one another on equal terms as belonging to one group.

Nature and Characteristics of Social Class i.

status. Different Class- A Status Group: A social class is essentially a status group class related to status. Classstatues ar ise ise in a society as people do different d ifferent things, engage in different activities and pur sue different vocations.. The consideration of the class as a status group makes it possible to apply it to vocations to any society which has has many statuses. The idea of social status separates the individuals not only only physically sometimess even mentally. sometime mentall y.

ii.

Arch ieved status and not ascribed status: Status in the case of class system is achi Archieved ach ieved and not ascribed. Birth ascribed. Birth is not the criteria of status. Factors like income, occupation, wealth, education, education, life style etc. deter mine mine the status of an individual. The class system is universal: Class is a universal phenomenon. The class system originated in modern complete complete societies of the world.

iii.

Mode of feeling: In a class system we may observe three modes of feelings (1) there is a feeling of equality in relations to the members me mbers of one's own class. (2) There is a feeling of inferiority in relation to those who occupy the higher h igher status in the socio-economic hierarchy (3) There is a feeling o f superiority in relation to those who occupy the lower status in the hierarchy. This This kind of feeling develops into class consciousness and finally results in class solidarity. solidarity.

iv.. iv

Element of Prestige: Each social class has its own status in society. Status is associated with prestige. The relative position of the class in the social setup setup arises from the the degree of prestige prestige attached to the status. Thus, the status and the prestige are enjoyed by the ruling classes or which class in every society is superior to that of the class of commoners or the poor people. The prestige which a class enjoys depends upon evaluation. In most of the societies knowledge, p urity of race or descent, religion, wealth, bravery and similar other qualities confer a high degree of prestige on the persons possessing them.

v.

3

Element of stability: Asocial class is relatively a stable group. It is not transitory nor unstable like a crown or a mob. Though status in the case of class is subject to change, it is to some extent stable. Status in the case of class may undergo un dergo radical changes in extraordinary circumstances i.e. in the times of wars, economic, political and social crises and so on.

vi.

Mode Obligating: A social class is distinguished from other classes by its customary modes of behaviour or mode of behaving. be having. This is after a fter referred to as the "life style" of a particular class. "Life style" or modes of living include such matters as the mode of dress, the kind of houses and neighbourhood one lives in, the means of recreation one resorts to, the cultural products one is able to enjoy, the relationship between parents and children, the kinds of books, magazines and TV. TV. shows to which one is exposed, one's friends, one's mode of conveyance and communication, one's way of spending money and so on. 'Life Style' reflects the specialty in preferences, tastes, and values of a class.

vii.

S U K M A K

viii. Social class-an open group: Social classes are 'open groups'. They represent an 'open social system.

An open class is one in which vertical social mobility is possible. This means there are no restrictions or at the most most only very mild restrictions are imposed on the upward and downward movement of individuals individua ls in the social hierarchy hierarchy.. However, a completely open class system and a completely completely closed class are hypothetical. Social class-an economic group: The basis of social classes is mostly economic, but they Social but they are not mere economic economic groups or divisions. Subjective criteria such as class consciousness, class solidarity solidarity and class identification identification on the one hand and the objective criteria such as wealth, property, property, income, education,, occupation etc. on the other hand, are equally important in the class system. We can say that education classes can can not be only economic groups. They are something more than that.

ix.

x.

Classification of social classes: Sociologists have given classification on the basis of Classification basis of economy three categories: categories: (1) Upper class (2) Middle class (3) Lower class. Karl Mar - classified in two classes 'haves' and and 'haves nots', Bourgeosie and Proletariate. Class consciousness: Class system is associated with class consciousness. Class consciousness Class consciousness: consciousness is "the sentiment sentiment that characterizes members of their own and other classes. It consists in the realization of similarity of similarity of attitude and behaviour with members of other classes. The meaning of class consciousness consciousness is integration integration of persons possessing a similarity of social position and of life channels is transformed transformed into a common common group activity activity..

xi.

Recommended Books 1. 2. 3. 4. 5. 6. 7. 8. 9.

C. N. Shanker Rao Vid idya ya Bh Bhus usha han n Sa Sach chde deva va Hutton G. S. Ghurey Herbert Risley Mayani T. K. Oomen D. N. Majumdar N. K. Dutta

: : : : : : : : :

Sociology An In Intr trod oduc ucti tion on to So Soci ciol olog ogy y Caste in India Caste, Class and Occupation in India The People of India Sociology Sociology Race and Culture of India Origin and growth of Caste in India

4

VARNA SYSTEM

In Nirukta, Shri Yaskacharya Yaskacharya evolved the word 'Varna' 'Varna' from the root "un" giving the meaning of o f choice or varna i.e. the meaning of varna v arna is, individual chooses the work according to his nature. Varna Varna has been also applied for varna i.e. colour. According to P.v. Cana, 'Varna' word was applied for white complexioned (gaura varna) Aryanas and black complexioned Dravidas were slaves of Aryans. According to Sevant (French sociologist) in the latter stage varna was used for four classes (1) Brahamins (2) Chatriya (3) Vaishya (4) Shudra. Shud ra. The aim of the varna system in India was division of labour. Dr. Bhagwan Das has divided Indian varna system in the following classes (1) teacher class (Brahmins) (2) Governing class (Kshatriya) (3) Business class (Vaishya) (Vaishya) (4) Physical Phy sical labourer class (Shudras).

S U K M A K

Brahimins: The responsibility of the Brahamins was to see the proper execution of academic work like study of knowledge and teaching and other religious activities. Kshatriyas: The government of the state, defence and administration were responsibility of the Kshatriyas. the Kshatriyas. Vaishyas: Th Thee responsibility of vaishayas carried on agriculture, dairy farming and business. Shudras: Th Thee responsibility of shudras was to serve the other three varnas.

ishna said of Division of f unctions unctions according to Traits: While stating on this subject, this is what Shri Kr ishna the Varna Varna sys s ystem tem in Gita - I am the one who has ha s created the four varnas according to nature and functions. and functions. In this way, in the the varna system, the division of labour has bee n effected on the basis of inherentqualities inherent qualities and oriental tendencies. tendencies. Indians have accepted four tendencies common in man: Satvik, Sa tvik - R ajsik, RajsikTamsik and Tamsik. Tamsik. The division of the varna system has been made on the basis of these tendencies. tendencies. The Brahmanis were were of Satvik nature, Kshatriyas of Satvik-Rajsika, Vaishyas Vaishyas of Rajsik-T Ra jsik-Tamsik amsik and and Shudras of Tamsik. Thus originally Thus originally in the varna system greater prominence was given to nature and tendencies tendencies than to birth. It is wri written tten in Arthav.a Arthav.a Veda Veda that I do not take a man to be a slave or Arya from his birth, Ievaluate I evaluate him from his traits. trait s. In the Hindu Dhramshastra it is written that everyone is a shudra at birth, becoming becoming Dwija only after Sanskars Sanskars like upanayan. Being fundamentally based upon quality and tendency does does not mean that the theor y of varna system utterly disregarded the influence of heredity heredity.. This theory mak es heredity a part of varna as varna as is of their tenents. The question of traits and tendencies arises only when some some departure from heredity class heredity class in the present tendencies is exhibited. Developed Social Order

The varna system was a developed system Social stratification was found in all the societies but was not developed as systematic as Indian varna system. The main aim of this system was to put the different talents, nature of liking and power used in this manner to maintain a balanced state of society. The Indian scholars gave highest position in society to Brahamins, expert in the field of thought and an d spirit. The second place was given to the protector, the Kshatriyas and the third to the producers the Vaishyas, Vaishyas, with the servants of society the higher classes get special rights and prerogatives but special responsibility corresponding to their authority is also attached to it. According to Manu, the retribution made for theft should be of the value of eight times in the case of Shudra, 16 times if the person is Vaishyas Vaishyas 32 times if the person is Khastriyas and 64 or 100 times if the person is Brahamin. Advantage of Varna system: The advantage of Varna Varna system is the decentralization of power.

5

Centralization of all powers of society in the hand s of one varna may lead to exploitation. In this system the power of knowledge, power of aims, power of wealth and power of labour were evenly distributed distributed among Brahamins, Kshatriyas, Vaishyas Vaishyas and Shudras respectively. The reward of their work differed. The Brahamins were rewarded in the form of respect. The Kshatriyas in the form of authority authority.. The Vaishyas Vaishyas in wealth, and the Shudras Sh udras in leisure etc. In this way, the varna system shows a fine synthesis of fundamentals of social organization, division of labour, decentralization of power and the correct po sition of the different values. Difference between Caste Ca ste and Varna Varna

S U K M A K 1.

2.

3.

Caste Literal Distinction Jati is called from Sanskrit root Jaha Jati Meaning Me aning to be born. Thus the meaning of caste cas te is by birth. birth.

Varna

Varna means to select or choose i.e. Varna V arna is acquired by a person according to his nature.

Caste is a fundamental of birth Caste Caste Ca ste system i.e. based on birth here uneducated une ducated Brahamins is respected while highly hig hly educated Shudra is looked down.

Varna a fundamental of action. A Brahamin Bra hamin is respected under the Varna system only if he has acquired knowledge and impar ts impar ts it to others.

Caste is rigid by nature Caste Endogamy En dogamy of marriage system is the basic bas ic characteristics of cas caste te system i.e. marriage ma rriage within the caste.

Varna system was flexible and changing ch anging system. There are many examples of change in varna and inter varna marriages during and even after the Vedic periods. Parshuram Pars huram was Brahamin by Birth and Kshatr iya iya by action. There are num numerous erous examp examples les of inter varna marriage. In Mahabharat Shantanu was Kshatriya, Kshatri ya, he married low born Satayawali:

4.

Numbers of Caste There is a indefinite number of castes. Ross has put the number of castes at 400 on the authori authority ty of census report. report.

Varna are four in numer in Rigveda. We find meaning that Brahamin does the work of mouth in giving knowledge. The Kshatriya is compatible to the arms because he defends society, the Vaishyas work like the legs in the production product ion and distribution of wealth while the Shudras serve society like the feet. Thus there are four Varnas.

6





Recommended Books 1. 2. 3. 4. 5. 6. 7. 8. 9.


: : :

: :

Sociology An Int ntrrod oduc ucti tion on to So Soci ciol olog ogy y : Caste in India Caste, Class and Occupation in India : The People of India : Sociology Sociology : Race and Culture of India Origin and growth of Caste in India

S U K M A K SCHEDULED CASTES & SCHEDULED TRIES

As Sorokin has pointed out, all permanently organized societies are stratified. Most societies ofthe world have had their their type of what Ward calls 'the lowly'. The Romans had their Plebians, the Spartans Spartans their heitos, the British their their villains, the Egyptians their slaves the Americans their Negroes. and the Genna Gennans ns their Jews. So the Hindus Hindus have' Untouchables' and the girijans. Two-thirds Two-thirds or more of the population of India are very backward, be being ing illiterate and living in utter poverty. Their disadvantage arises from the fact that that their status is ascribed to them to them by birth. This unprivileged section, which is often treated as 'the backward backward classes' in general consists consists of three main divisions: (i) The Scheduled Tribes (Girijan s), (ii) The Scheduled Scheduled Castes (Harijans), and and (iii) The Other Backward Classes. The first two groups are listed in the Constitution Constitution while the third grou p is unlisted and loosely defined; it is the least homogeneous. The Scheduled Schedul ed Clastes

The Scheduled Scheduled Castes (SC) occupy the bottommost rung of the social ladd er er.. They form a major major part of the Backward or Depressed Depressed Classes. They are generally regarded as 'Untouchables' and popularly popularly known as 'Harijans'. According According to the Census Report of 1971 the Scheduled Castes constitute 15.04% of 15.04% of the total population, their total number being 8.25 crores. Early References References to Harijans: The 'Harijans' or the Scheduled Caste people were called by dif ferent names during the early early days. For sometime they were kept outside the Hindu social order and referredto referred to as the fifth group (often (often as the fifth varna) or the 'Panchamas'. During the Vedic Period they were k nown nown as the 'Chandalas'. The Chandalas were considered to be untouchables. The chandalas were the pr ogeny of the most hated union of a Brahmin female with a Shudra male. In Vedic literature, we find the mention of chandalas as an ethnic group originating from inter-breeding of higher caste female and lower caste male. Patanjali considered chandalas as a variety of shudras.

British called the so-called 'untouchables' the 'Exterior Castes'. The term 'Untouchable Castes' was made u se of for the first time by the Simon Commission (1928). Under the Government of India Act of 1935 the untouchables are designated as 'Scheduled Castes'. The Constitution of India (1950) has also referred to them as the "Scheduled Castes'. But Mahatma Gandhiji addressed them as "Harijans" the people of the God. Definition of Scheduled Castes 1.

According to Dr. D.N. Majumdar the term 'Scheduled Castes' refers to the 'Untouchable Castes'. "The untouchable castes are those who suffer from various social and political disabilities many of

7

which are traditionally prescribed and socially enforced by higher castes". 2.

We can define the scheduled castes as those economically, socially, educationally and politically backward castes which are kept at a distance by the other castes as 'untouchables'.

3.

Scheduled Castes are those untouchable castes which are subject to some disabilities in every walk of life-social, religious, educational, and political. Examples: Madiga, Chalavadi, Gas. Problems of the Scheduled Castes

Problems of the Scheduled Castes

The Varna System which existed during the Vedic period, in course of time, degenerated into the caste system. Since then, the Scheduled Castes who are known as 'Untouchables' have been suffering from various social, religious, legal, political, economic, educational, and other disabilities. Some of them are given below:

S U K M A K a)

The Social Restrictions and Disabilities of the Scheduled Castes- The Scheduled Castes or the Harijans suffered for centuries from a number of social disabilities among which the following following may be noted.

1.

Lowest Status in the Hierarchy - In the Caste hierarchy the Scheduled Castes are ascribed Lowest are ascribed the lowest status. status. They are considered to be 'unholy', 'inferior' and 'low' and a re looked down upon down upon by the other castes. castes. They have been suffering from the stigma of 'untouchability'.

education during the Educational Disabilities - The Harijans were forbidden from taking up to education Educational early days. days. Sanskrit education was denied to them. Public schools and other educational educational institutions were closed closed for them, Even today majority of them are illiterate and ignorant. the untouchable 3. Civic Disabilities, Civic Disabilities, Prevention from the use of Public Places - For a long time the untouchable castes were were not allowed to use use public places and avail of civic facilities such such as village wells, ponds, temples, hostels, hotels, schools, hospitals, lecture halls, dharamasnalas, choultries etc. etc . They were forced to live to live on the outskirts of the towns and villages during the early days. Even today today they are segregated segregate d from others o thers spatially. 2.

b)

Religious Disabilities - The Harijans also suffer from religious disabilities even today. Religious today. They They are not allowed to to enter temples in many places. The brahmins who offer th~ir priestly services to to some lower castes are not are not prepared to officiate in the ceremonies of the 'untouchable' c astes. They donot do not even bow down to the duties of these 'untouchable' castes.

c)

Economic Disabilities - The Harijans are economically backward and have been suffering from various economic disabilities also. 1. No Right of Property Ownership - For centuries the Harijans were not allowed to have land and

business of their own. It is only recently their ownership to the property has become recognized. The propertied people are comparatively less in them. Majority of them depend upon agriculture but only a few of them own land.

2. Selection of Occupations Limited- The Caste system imposes restrictions on the occupational

choice of the members. The occupational choice was very much limited for the Harijans. They were

8

not allowed to take up to occupations which were reserved for the upper caste people. They were forced to stick on to the traditional inferior occupations such as curing hides, removing the human wastes, sweeping, scavenging, oil grinding, tanning, shoemaking, leather works, carrying the dead animals, etc. These occupations were regarded as 'degraded' and' inferior'. 3. Landless Labourers - Majority of the Harijans are today working as landless labourers. More than

90.1 % of the agricultural labourers in India belong to the depressed classes which include the Scheduled Castes and Scheduled Tribes. More than 77.1 % of the Scheduled Caste workers in rural areas are agricultural labourers. The Harijans are economically exploited by the uppe r caste people. Even today they are the lowest paid workers, some of them continue to suffer as bonded labourers at the hands of the higher caste people. d)

pa rticipated in the political matters. Political rights Political Disabilities- The untouchables hardly participated and representation were denied to them. Under the British rule, they were given the right to vote for the first time. After independence, equal political opportunities and rights have been provided for the Harijans also. Politically, Politically, the Harijans are yet to become an organised force.

S U K M A K Measures for for the Welfare Welfare of Scheduled Castes

The Government Government of independent India has been trying to uplift the Scheduled Castes and Sc heduled tribes right from its very its very inception. The Governmental attempts to promote the welfare of the SCs and and STs can he classified into into two group. (A) Constitutional and legislative measures and (B) Other welfare measures and programmes. The Constitutional and Legislative Measures The Government Government of India has incorporated some special provisions in its Constitution for the th e removal of untouchability untouchabilit y and to promote the welfare of SCs and STs. The Constitution Constitution ensures the protection protection of and assures the pr omotion omotion of interests of SCs, ST s and other weaker sections of the population in the the fields such as (I) political political representation, (2) representation in services, (3) economic development, (4) socio-cultural socio-cultural safeguards and and (5) legal support. A)

1. The Preamble of the Constitution of India declares that it assures equality, promotes promotes fraternity,

guarantees guara ntees liberty and ensures justice to one and all.

2. Artic Articles les 15,16, 17, 38 and 46 guarantee that the state shall not discriminate between between persons on

account accou nt of their religion or region and caste or class.

3. Article 15 prohibits discrimination on grounds of religion, ca ste, race, sex or place of birth. 4. Article 17 abolishes untouchability. It is further provided that the enforcement of any disability

arising out of untouchability shall be an offence punishable in accordance with law.

5. Article 46 promotes educational and economic interests of Scheduled Castes, Sche duled Tribes and

other weaker sections. 6. Article 330 reserves representation for Scheduled Castes and Scheduled Tribes in the House of the

People. 7. Article 334 relates to reservation of seats and special representation to cease after fifty years

9

(Originally reservation was made for ten years and it was extended four times, the present period of expiry being 2000 A.D.) 8. Article 335 mentions the claims of Scheduled Schedu led Castes and Scheduled Tribes to services and posts. 9. Article 338 empowers the Central Govt. to appoint a National Commissionl'Or Scheduled Castes

and Scheduled Tribes. 10. Article 339 empowers the President to appoint a Commission to report on the administration of the

Scheduled Areas and the welfare of Scheduled Tribes in the States. 11. Article 341 empowers the President to specify the castes, races or tribes deemed as Scheduled Castes

in a particular State or Union territory.

S U K M A K

12. Article 342 empowers the President to specify the' tribes or tribal communities deemed to be

Scheduled Tribes in a particular State S tate or Union territory territory..

Legislative Measures For the Removal of Untouchability

The Government Government has been taking up the required legislative measures for the removal of untouchability. untouchability. In pursuance of the the provision of the Article 17 of the Constitution which declares the practice of o f untouchability untouchability a punishable offence, the Parliament passed the Untouchability Offences Act, 1955. It was later later substituted by the Protec Protection tion of Civil Rights Act, 1976. According to this Act the offences of untoucnability untoucnability include the following Offences of Untouchability as per the "Protection of Civil Rights Act, 1976" 1.

Committing any kind of social injustice, such as denying access to any shop, restaurant, Committing restaurant, public hospital, educational institution or any place of public entertainment.

2.

Preventing a person, on the grounds of untouchability, from entering a place of worship and Preventing worship and offering prayers, or from drinking water from a public well or spring.

3.

Refusal to sell goods or render services to a person on the grounds of untouchability is an offence Refusal punishable punishab le with imprisonment for six months or a fine upto Rs. 500 or both. bo th.

4.

Enforcing occupational, professional, trade disabilities in the matter of enjoyment of any benefit under a charitable trust, etc.

B)

Other Welfare Welfare Measures and Programmes for the Upliftment Upl iftment of Scheduled Schedul ed Castes

1)

Appointment of a National Commission for the Welfare of Scheduled Castes - A National Commission for the Scheduled Castes and Scheduled Tribes has been set up by the Cen tral Government to safeguard the interests of the SCs and an d STs.

2)

Educational Opportunities - Due attention is paid to extend the educational opportunities of SCs and STs and hence special provisions have been made in this regard. Free education, free distribution of books, stationery, stationery, uniforms etc. giving scholarships, banking loan facilities, providing mid-day meals, arranging for free boarding and lodging facilities, reserving seats for SCs and STs in all the government 10





and government aided institutions, etc. are some of the concrete steps which the Government has taken in this regard. Centrally Sponsored Schemes- In addition to the above, there are some centrally sponsored schemes also for the educational benefit of both SCs and STs. (i) Free coaching and training for various competitive examinations [IAS, IPS, IFS, etc.] to increase their representation in various services. (ii) Post-matric scholarships for providing financial assistance for higher education. [Govt. spent 66.5 crore rupees for this purpose in the year 1993-94. The University Grants Commission [U.G.C.] and the Ministry of Education had earmarked 15% of their budget for this purpose during the 6th plan 1980-85]. (iii) Construction of hostels for providing residential facilities to SCs and STs studying at college and university level. (iv)Financial assistance to those SC and ST students going to reputed research institutes for research work. (v) Providing Text-books to those studying in medical and engineering courses. (vi) Scholarships and passage grants for higher education outside India.

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3) Expansion of Economic Opportunities - Government has taken up economic programmes also for the benefit of SCs and ST STs. s. Examples: Landless SC labourers are allotted land. Land reforms have been undertaken to bring benefits of land ownership for them. Poor SC farmers are supplied with seeds, agriculture implements, implements, fertilizers, pesticides, interest-free loans, pairs of bullocks for p loug loughing, hing, subsidy for developing developing dairy farming, poultry farming, piggery, animal husbandry, handicrafts, s pinning pinning and weaving. 4) Expansion Expansion of Employment Opportunities and Reservation- In order to enhance the the economic position of th thee SCs and STs the Constitution has provided for the reservation in services. Reser vation of jobs operates in the the all-India Services, Central Government, State Governments, and Government Government sector. Reservation exists exists in all these for the SCs and ST STss to the tune of 15% 15 % and 7.5% respectively. 5) Upliftment Upliftment of Scheduled Castes Cast es through Five-Year Five-Year Plans - The welfare of the Scheduled Scheduled Castes (and STs) has been been given special attention in the Five-Year Plans. The size of investment on on the special programmes has been increasing from plan to plan. The expenditure of Rs. 30.04 crore in the the First Plan [1951-56] increased increased to Rs. 79.41 crore in the Second Plan [1956-61], Rs. 100.40 crore in the the Third Plan [1961-66], R s. s. 172.70 crore in the Fourth Plan [1969-74], Rs. 296.19 crore in the Fifth Plan [1974-79], [1974-79], Rs. 1337.21 cror es es in the Sixth Plan [1980-85], and Rs. 1521 .42 crore in the Seventh Plan [1985-90]. [1985-90]. I The State Governmentss have also been spending a sizeable amount on the welfare of these people. Government 6) A Frief Evaluation Ev aluation of Welfare Schemes

Have these welfare measures really contributed to the upliftment of the SCs? The Have The answer is somewhat disappointing.

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The Scheduled Castes spend their social energy in sanskritising themselves on the mode of the locally dominant castes. They do not gain ga in much out of this. Their social mobility is very much limited. They continue to remain weak in the local power structure for asserting their rights. They still are economically insecure.

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Majority of the SCs are still illiterate and ignorant and hence they are not able to make use of the constitutional provisions guaranteed to them.

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The reports of the National Commission on Scheduled Castes and Scheduled Sched uled Tribes reveal that the crimes against SCs are increasing. Example: The number of crimes against SCs recorded by the police in

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1955 was 180; it increased to 13,884 in 1979 and to 19,34 2 in 1987. There has been a quality of ritualistic formalism about many welfare and development schemes formulated for the benefit of these people. Lack of enthusiasm and sincerity on the part of the Government officials and agencies has also been the cause of failure of many man y of the welfare schemes.

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The benefits of the SC welfare programmes have been availed of by a few people belonging to Scheduled Castes. This small minority has developed vested interests and contributes nothing for the benefit of the majority majority..

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The Scheduled Castes are largely concentrated in rural areas and 90% of them (including 35% agricultural labourers) derive their sustenance from agriculture. In most of the villages, they continue to suffer from residential segregation. Hence many of their disabilities still persist.

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The SCs are still tradition-bound. They suffer from a sense of inferiority and this takes away their 'push' to develop further. They are not well-organized. Only in cities some "dalit organisations" are trying to fight for their rights. Politically also they are not a single homogeneous entity. Hence entity. Hence their political bargaining political bargaining power is comparatively less. However, their political consciousness is isgrowing. growing. The younger generation among them is becoming more assertive. There is a positive change in the the attitude of the caste-Hindus caste-Hindus towards the SCs. Hence the social distance between the two is gradually gradually getting narrowed.. The social position of the SCs is comparatively better in South India than in North narrowed North India. In Kerala for for example, the SCs do not suffer from the traditional type of disabilities. Greater Greater changes are expected in expected in their living styles in the years y ears to come.

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Scheduled Tribes 7) The Scheduled

The second largest largest group of the backward classes of the unprivileged section consists of about 7.42 7.42 crores of Scheduled Tr ibes ibes who constitute 8.8 of the total population (1991 Census Report). The Scheduled Scheduled Tribes, generally called called tribal people, survived with their unchanging unch anging ways of life for centuries. The tribal people were the earliest earliest among the present inhabitants of India. They are still in primitive stage and ar e far from the impact of modern modern civilization. They live in the forest areas, hilly regions, mountainous places places and deep valleys. They They are known by various names such as primitive tribes, animists, jungle people, people, 'adivasis', aboriginals. original inhabitants of India and so on. Dr. Das and Das have referred to them as as "submerged "submerged humanity". Gandhiji Gandhiji called them 'Girijans'. The Constitution Constitution of India has referred to them as the "Scheduled Tribes".

The Scheduled Tribes are in majority in more than 329 Talukas. On the basis of 50% ofthe Scheduled Tribes population, areas have been identified in the country. country. In such areas more than 65% of their total population lives. It means that the tribal people are the dominant groups in some areas. In Nagaland, Meghalaya, Arunachal Pradesh and Mizoram, majority of the population belongs to Scheduled Sc heduled Tribes. They are found in relatively large numbers in Madhya Pradesh, Orissa, Bihar Assam and Uttar Pradesh. In Madhya Pradesh alone more than one crore tribals arB found. According to the Scheduled Tribe Lists Modification Order I 956, there are 414 different tribes in the various States of India. 8)

Definition and Distribution of Scheduled Tribes

The term 'Tribe' is nowhere defined in the Constitution and, in fact, there is no satisfactory definition for the same. To To the ordinary man, the word 'tribe' suggests simple folk living in hi11s and forests; to people who are

12

a little better informed, it signifies a corourful people famous for their dance and song. Reference in the Constitution

Though the Indian Constitution has not no t defined clearly the term' tribe', Article 336 (25) of the Constitution says that Scheduled Tribes are the tribes or tribal communities or parts of groups within such tribes or tribal communities which the Indian President may specify by public notification under Article 342 (1). However, the term 'tribe' has been defined by various thinkers and writers in differel'ft ways. One or two definitions may be cited here. 1) Dr. Dr. D.N. Majumdar: Maj umdar: A Scheduled Tribe refers to "a collection of families or groups of families, bearing a common name, members which occupy the same territory, speak the same language and observe certain taboos regarding marriage, profession or occupation and have developed as well as assessed a system of reciprocity and mutuality of obligations.

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2) Imperial Gazetteer of India: A tribe is a collection of families bearing a common name, speaking a common dialect, dialect, occupying or professing to occupy a common territory and is not usually endogamous, endogamous, though originally originally it might have been so" . 3) Gillin and Gillin: and Gillin: "Atribe is a group of local communities which lives in a common area, speaks a common common dialect and follows common culture." Tribal Problems Problems

The tribals of India India are faced with a number of problems among which the following may be noted: noted: 1) The Problem Probl em of Geographic Separation

The tribals of of India are in a way geographically separated from the rest of population. Some of Some of them are living in the unapproachable physical area such as deep valleys, dense forests, hills, mountains, mountains, etc. It is difficult for them them to establish relations with others, and hence, socially they are far away from the from the civilized world. This kind of physical as well as social isolation or seclusion has contributed to various various other problems. 2) Cultural Problems Problems

The tribal culture is entirely different from the way of life of the civilized people. The tribals fail to understand the civilized people, their customs and practices, beliefs and attitudes and so on. They are suspicious towards the civilized people. They are clinging tenaciously to their customs and traditions. During the British rule some foreign Christian missionaries made an attempt to propagate their religion in some of the tribal areas, particularly pa rticularly in the North-Eastern provinces. They even tried to impose their culture on them. Even today such an attempt is going on. On the other hand, the Ramakrishna Mission, R.S.S., the Vishwa Hindu Parishad and other organizations are spreading the Hinduism in these areas. Some of the tribal leaders have now started popularizing the tribal religion. These different propagandas have created a great confusion for them. The cultural gap between the civilized and the tribal people is coming co ming in the way of the assimilation and integration of the tribal people into the mainstream of the national life of India. 3) Social Problems

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The tribals have their own social problems also. They are traditional and custom-bound. They have become the victims of superstitious beliefs, outmoded and meaningless practices and harmful habits. Child marriage, infanticide, homicide, animal sacrifice, exchange of wives, black magic and other harmful practices are still found among them. They believe in ghosts and spirits. They have a keen desire desire to maintain all these practices in general, and their individual tribal character. Hence it is said that "the tribals are the tribesmen first, the tribesmen last and the tribes all the time'. 4) Economic Problems

The tribal people are economically the poorest people of India. Majority of them live below the poverty line. The tribal economy is based on agriculture of the crudest type. The main economic problems of the tribals are explained below below.. i) Exploitation - The innocence, illiteracy and helplessness of the tribals are exp loited by the outsiders. The British policy, policy, in particular, had led to ruthless exploitation of the tribals in various ways as it favoured the zamindars, landlords, money-lenders, forest contractors and excise, reve nue and police officials.

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ii) Unprofitable Unprofitable Agriculture - About 90% of the tribals are engaged in cultivation. The tr ibals ibals possess uneconomic holdings because of which their crop yield is very less. A very small percentage perce ntage of the population pa participates rticipates in occupational activities in the secondary and tertiary sectors. iii) Problems Problems of land ownership- A good portion of the land in the tribal areas has been legally legally transferred to non-tribals. non-tribals. Tribals demand that this land should be returned to them. In fact, the tribals tribals had earlier enjoyed much much freedom to use the forest and hunt their an imals. They are emotionally attachedto attached to the forests for they believe believe that their gods and spirits live in forests. The tribals who are "deprived" of their their rights to the land and forest forest have reacted sharply to the restrictions imposed by the government on their traditional traditional rights.

and women are iv) Unemployment Unemployment and Underemployment - A large number of tribal young men and unemployed. They unemployed. They are unhappy for they are not able to get jobs that can keep them occupied throughout the year. They need need to be helped in finding secondary source of income by developing animal animal husbandry, poultry farmi farming, ng, handicrafts, handloom weaving etc. v) Non-Availability Non-Avai lability of Banking Facilities- Banking facilities in the tribal areas are so inadequate inadequate that the tribals have mainly to depend on the money lenders. The tribals, therefore, demand that 'Agricultural Indebtness R elief elief Acts" Acts" should be enacted so that they may get back their mortgaged land. 5) Educational Educational Problems

Liliteracy is a major problem of the tribals. More than 80% of them are illiterate. Literacy among them has increased from 0.7% in 1931 to 11.30% in 1970 and to 16.35 in 1981. This shows more than % of the tribals are illetrate. They have no faith in formal educational organization. Many of them do not know any thing about education, schools, colleges, universities, degrees, etc. They feel no urge to educate their children. Since most of the tribals are poor, education appears to be a luxury for them. In the case of those people pe ople who are engaged in agriculture, their minor children c hildren are also engaged in it. The illiterate parents do not consider it as their primary responsibility to give education to their children. The Problem of Language- The medium of instruction is another hindrance to the promotion of education among the tribes. Most of the tribal languag es do not have a script of their own. Hence the children are obliged to learn things in a language which is foreign to them. Even in tribal areas the number of tribal teachers is very less and henc e communication problem always arises between the students and the teachers. 

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The curriculum of education is another main problem- The existing curriculum, as experts rightly have pointed out, is not suited and has little relevance to the tribal people.

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6) Problem of Health and Sanitation

Due to illiteracy and ignorance the tribals are not able to appreciate modern concept of health and sanitation. They do not take much care pertaining to their own health. They believe that diseases are caused by hostile spirits and ghosts. They have their own traditional means of cure. Good number of them fall a prey to the diseases such as skin disease, forest fever, typhoid, T.B., leprosy, leprosy, malaria, veneral diseases small pox, etc. 7) Problem of Separatism

The "divide and rule" policy adopted by the British did a lot of damage to the tribal community of India. The British had superimposed their own administrative pattern in tribal areas and deprived the tribals of their traditional methods of interacting with people. peop le. The "Criminal Tribes Act" which the British had introduced gave an impression that the tribals were either "criminals" or 'anti-social beings". The tribal groups such as Kolis, Mundas, Khasis, Santals, Naga etc, who fought against the British were branded as "dacoits" and "robbers". These These activities which went on for more than 200 years, alienated many of the the tribals and developed in them separatist tendencies.

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Measures for for the Upliftment of Scheduled Sche duled Tribes Tribes Independent India has been paying due attention to the problems of the scheduled tribes and attempts and attempts are being made to deal effectively with those problems. Before the independ ence, the British Government Government was only discussing discussing the issues of tribal development and practically did nothing either to face them them or to solve them. The only only thing the British did was that, they kept the tribals away from the contact of the the civilized people. Thro Through ugh their ''policy of indirect rule"they wanted to protect them from the neighbouring neighbouring dominant communities.. communities Tribal Welfare Welfare Activities

The tribals constitute constitute a sizeable proportion (8.8%) of the total population of India. The tribals tribals are also the citizens of India India and hence promotion of their welfare is of equal importance. Not only ha ve the the Central and the State Governments Governments undertaken various steps in this regard, but also various voluntary organisations organisations have evinced inter est est in this task. Orgainsations such as the Bharatiya A dim Jati Sevak Sangh, the the Bhil Seva MandaI, The Kasturba The Kasturba Gandhi National Memorial Trust, Trust, the Indian Red Cross Society, the Vishwa Vishwa Hindu Parishad, The Ramakrishna The Ramakrishna Mission, The Rashtreeya Swayam Sevak Sangh, etc., carry on welf are activities among the tr ibals. ibals. The Government through its Department of Tribal Welfare and through its Five-Year Plans has been trying to elevate eleva te the tribals from the state of ignorance, illiteracy and poverty. Some of the tribal welfare measures of the Government may be examined here. 1) Constitutional Safeguards The Constitution of India has made various provisions to safeguard the interests of the tribals. 1) Article 15 of the Constitution provides equal rights and opportunities to all the citizens of India

(including the tribals) without any discrimination. 2) Reservation in employment is made for the tribals under Article 16(4), 320(4) and 335. 3) Seats have been reserved for them in the legislatures (in Lok S abha and State Vidhana

Sabhas) under Articles 330, 332 and 334.

15

Article 19(5) the tribals can own property and enjoy it in any part of the country coun try.. 4) Under Article 5) According to the Article 275 a large amount of money can be taken from the 'Consolidated Fund of

India to be spent on tribal welfare activities. 6) Article 338 empowers the President of India to appoint a Commissioner to look after- the tribal

welfare activities. 7) Under Article Article 339(2) the Central Government can give directions to the States in the formulation and

execution of tribal welfare plans, projects and programmes. 8) Under Article 275(i) the Centre is required to give grants-in-aid to the States for approved ap proved schemes

S U K M A K of tribal welfare.

9) Article 164 empowers the State Governments to ap point a separate minister to look into the welfare

of the tribals. the tribals.

10) Artic Article le 46 consists of provisions that protect the economic and educational interests of the the tribals. 11) Artic Article le 224 gives instructions to the administration to take special care to protect tribal tribal interests in

"Scheduled "Sche duled Tracts" or "areas".

12) Artic Article le 342 gives power to the President of India to de clare on the recommendation of the the Governor

some groups or communities as "scheduled tribes". It also gives details on the basis of some groups of which new groupss could be recommended as "scheduled tribes" entitling them for 'all the constitutional group constitutional benef its. its.

2) Economic Programmes Economic Programmes and Facilities

Majority of the the tribals are extremely poor and economically backward. Various Various economic programmes programmes and projects have have been been undertaken to improve their economic position. 1)

80 crores, Rs. Development through Five-Year Plan - The Government spent Rs. 30 crores, Rs. 80 Development 101 crores, crores, Rs. 172 crores and Rs.257 crores on tribal welfare activities during the 1st, 2n d, d, 3rd, 3rd, 4th, and 5th Five-Y Five-Year Plans respectively. respe ctively.

Establishment of "LAMPS" - Large-sized Multi-Purpose Co-operative Societies: These co-operative societies are established in the tribal areas for giving productive and unproductive loans, for sale of surplus and purchase of necessities of life to the tribal people. Through these societies the tribals are supplied with improved seeds, modem agricultural equipments, chemicals and fertilizers, pesticides, etc. These societies are striving to relieve the tribals from the exploitation of middlemen, contractors and money-lenders. 2)

3)

The 20-point programme focused its attention on the development of the scheduled tribes, including assisting the tribal families economically to enable them to cross the poverty line.

4)

Encouragement to Crafts and Home Industries - Encouragement is given to the existing crafts and home industries among the tribals and such new endeavours are also encouraged. 16

5)

" shifting cultivation" Agriculture made Stable - The tribals are persuaded to give up their system of "shifting and to settle permanently in a place of their selection by making agriculture ag riculture their profession. Thousands of tribals in Assam, Bihar, M.P., Orissa and Tripura, have been made to settle down permanently for agriculture. Thodas of Niligiri Hills and Soligas of Biligiri Rangana Hills in Mysore p rovide two other examples in this regard.

6)

Promotion of Labour Interests of Tribals engaged in Mining Industry and Tea Plantations Attempts have been made to protect the labour interests of the tribals in Bihar, West West Bengal, Madhya Pradesh and Orissa who are engaged in mining industry and of the tribals such as Santals, Gonds, Khondas and others who are a re working in tea plantations of Assam.

3)

Educational Facilities

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Measures to provide educational facilities to the S,T. have been taken by the Government. Schools are established in some tribal areas. In the first Five-Year Plan itself about 4000 schools were opened in the tribal areas: Education Education upto 10th standard has been made completely free for them. The students students belonging to S.T. are getting getting various concessions such as free tuition, stipends, scholarships, free supply of of text books, stationery and and other equipments. In some places mid-day meals are also supplied. Free boarding boarding and lodging facilities are provided are provided for them, For the S.T. S.T. and S.C" 20% of the seats are reserved in technical cal education and relaxation relaxation is made in respect of age limit and qualifying marks. There are Ashrama Schools for providing basic education and vocation training for S,T. In these There are schools education education and training is given in areas such as agriculture, forestry, forestry, animal husbandry, husbandry, poultry farming, bee farming, bee keeping, handicrafts, etc, etc, There are 600 Ashrama Schools of residential char acter situated in Andhra Pradesh, Andhra Pradesh, Gujarat, Himacha1 Pradesh, Tamilnadu, Karnataka, Orissa, Rajasthan and and Tripura.

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Pre-Examination Training Centres for S.C. and S. T. are established in some places to help Pre-Examination to help them to appear for for UPSC Examinations - (IA.S. and IP IP.S. .S. Examinations).

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4) Medical Facilities Facilities

Various medi medical cal facilities have been provided for the tribals in the tribal areas. In some places, hospitals places, hospitals are established and and in many places mobile hospital facilities have been provided. Man y pre\(entive and pre\(entive and curative measures to combat diseases like malaria, leprosy, forest fever, monkey fever, typhoid, small small pox, skin diseases etc. are undertaken. Medical camps are organised in the tribal areas to enable the tribals tribals to realize the importance of modern medical facilities. 5) Research Work into the Problems of the Tribals

Tribal Research Institutes, which undertake intensive studies of tribal arts, culture and customs and problems, have been set up in Bihar, Madhya Madhya Pradesh, Orissa, Gujarat, Kerala, Kerala, Maharashtra, Tamil Tamil Nadu, Andhra Pradesh, U.P., U.P., Rajashan and West Bengal. The research work done in this field has thrown light on the tribal life and problems, 6) Role of Voluntary Organisations

The tribal welfare is not the concern of the government alone. Private organisations and individuals interested in the task of tribal upliftment must also be given due enc ouragement in this regard. Takkar Takkar Bapu

17

and Gandhiji have shown that individuals and voluntary organisations with social commitment can do a lot for the welfare of tribals. Organisations such as - Sri Ramakrishna Mission. Vanavasi Vanavasi Kalyanashrama. the Rashtreeya Swayam Sevaka Sangha and a number of Christian Missionary Organisations are already working in the field. Such organisations can help the tribals to develop better interaction with the neighbouring people.

Concussion

Though the Central and the State Governments have taken much interest in the tribal welfare programmes, projects and schemes, much remains to to be done. The progress achieved in this field is far from satisfactory satisfactory.. The Sixth Plan document notes with concern that "three decades of development have not had the desired impact on the socially, economically and educationally handicapped sections. The welfare programmes have not been effective due to inadequacies in the administrative machinery, lack of sensitive, trained management, lack of general preparedness for large investments, deficiency in accounting system procedural delays and lack of proper monitoring monitoring and evaluation. Even after the completion of the 7th plan things have not radically improved. It is necessary that in the current plan and in the years to come, due attention is to be to be paid for the over all improvement of the tribals. Recommended Recommend ed Books

S U K M A K Recommended Recommend ed Books 1. 2. 3. 4. 5. 6. 7. 8. 9.

C. N. Shanker Rao Vidya Bhusha han n Sa Sacchde dev va Hutton Hutto n G. S. Ghurey Herbert Herb ert Risley Mayani Maya ni T. K. Oomen D. N. Majumdar N. K. Dutta

: : : : : : : : :

Sociology An Introduc ucttion to Sociology Caste in India Caste, Class and Occupation in India The People of India Sociology Sociology Race and Culture of India Origin and growth of Caste in India

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UNIT - II The Meaning of Custom - This term is used mainly in anthropology to denote established patterns of behaviour and belief. It refers both to the routine of daily life and to the distinctive features features which mark off off one culture from another. Acustom is formed on the basis of habit, gaining the sanction and the influence and therefore the social significance, which is peculiar to custom. Wherever there is a widespread habit, there is probably a corresponding custom as well.

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Customs are social habits and through repetition repe tition become the basis of an order o rder to social behaviour. There are many different names for customs depending upon the characteristics emphasised or the situation in which the custom is followed. "Folkways" has been used as a term to characterise certain minor customs among primitives. The term 'etiquette' is used for certain customs in the "polite society". "Manners" are customs that are supposed supposed to be based on the consideration of others in the smaller affairs of social life. 'Conventions' Conventions' emphasise common common agreement about a custom. "Morals" are customs, the departure from which which is of great concern to the the group and unlike certain laws which are also customs do not always carry carry specific punishments.. "Traditions" are customs of very long standing. "Laws" are customs having punishments having symbolic significance and emphasising means to ends, "Ceremonies" are customs signalising important events. events. Definitions of o f Custom - According to Bogardus, "Custom refers primarily to practices that have have been often repeated by a multitude of generation, practices that tend to be followed simply because they they have been followed in the the past". Customs and traditions are group-accepted techniques of control that have become well-established well-establis hed and are passed along from generation to generation by tradition and usually usually made effectively with with social approval".

According to to Ginsberg, Ginsberg, "Custom "Custom in fact is not merely a prevailing habit but also a rule or norm of of action. The rule is supported supported on the emotional side by two sets of forces. There is firstly, a sentiment or sentiment or group of emotional dispositions dispositions attaching to custom as Such, and condemning its breach. In this sentiment sentiment there is a rational element, element, the recognition, however vague, to the importance of order, and the necessity necessity of knowing what to expect expect and what is expected in given situations. Round these there is a cluster of socialfeelings, social feelings, and the obedience obedience of customary rules, one of the most elementary ways in which the individual responds responds to the call of social life and realizes his dependence upon the group." According to Maciver , "Custom is a group procedure that has gradually emerged, without express enactment, without any constituted authority to declare it, to apply it, to safeguard it". According to Davis, "The term custom is closer to folkways than to mores, but it tends to convey the traditional, automatic and mass character of both of them."

Customs are frequently products of persistency of a particular surroundings for longer duration. Any change in the outer surroundings in civilization and social structure is acc ompanied by a corresponding change cha nge of customs. Such a change of o f customs does not imply that old customs vanish and new appear. New customs also take birth but generally we find that the inherent adaptability and flexibility of old customs enables them to modify in accordance with the changed life of men. The Social Structure of Custom - Custom has for the individual an external sanction. It is a mode of

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conduct of the group itself, as a group and every custom is in consequence adjusted to the others which the group observes. It is part of a complex of determinate relationships, sustained and guarded by the group. Every individual sustains it. The peculiar social character of custom is revealed by the one great class of customs which can not be practiced except collectively collectively.. Nearly all celebrations, rituals and ceremonies fall within this class. These customs stimulate social consciousness of one another. The are many emotions for whose full satisfaction a social setting and the participation of dance, the reunion, social games and so forth, arise to meet this need. The Origin and Objects of Custom - Many authors have tried to trace the origin of custom. Some of them held that custom was derived from judicial sentences and not vice versa. Others thought that taboo was the "oldest unwritten code of law of humanity." "These opinions, however, do not explain adequately the origin of custom in general. It may be that some customs might have arisen in the way as Henry Maine, Freud and others describe, yet the question about the origin of custom in general is obscure and complicated. Just as it is difficult to say when society came into being, be ing, in the same way it is difficult to tell when customs arose.

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Mc-Dougall writes, "The writes, "The ends and purposes of many customs are also in the mists of antiquity. In some cases, perhaps, perhaps, the ends have been never ne ver clearly defined in anyone man's mind. The custom may may have arisen as a compromise compromise or fusion between diverse customs, or through some purely instinctive mode of reaction or through perverted perverted imitation of some foreign model. But, however, and for whatever purpose instituted, purpose instituted, a custom once established, once established, the practice of it always becomes in some degree an end in itself, and men are prepared to maintain it, often at great cost of effort or discomfort, long after it serves any useful end." end." Thus no single single rule can be laid down about the origin of custom. Many customs arose to to satisfy the fundamental needs of man especially those connected with his self preservation, tendencies tendencies sex life, procreation and the like. Some of the customs were learnt by imitation from other people, and many of them came as adjustments adjustments to changing situations. Many a custom still remains, though their usefulness usefulness has long ceased to exist. exist. They are obeyed more spontaneously because they grow slowly. As long long as customs spontaneously spontaneousl y prevail, they are the strongest ties in building up a social order order.. All customs are not irrational. Some writers have attributed irrationality to customs. But if we go we go deep into the genesis of of the customs we would find that the charge of irrationality to them is not valid. valid. It may be admitted that that there arc some customs and practices adopted by men which cannot be justified justified on any utilitarian or ethical ground. In India a number of such practices may be seen a mong all communities. communities. Thus sprinkling water water on some stone or any other inanimate object or giving food to it, offering 'shradhs' 'shradhs' to the dead, giving up journey because a cat has crossed the path and such many other practices may be may be said to be irrational, but but all of the customs cannot ca nnot be said to be b e irrational. The root of the difficulty is that modern modern minds consider only those acts rational which can be logically proved and are calculated acts. This, however, howeve r, is not the case. Many acts which may not be proved on logical principles may be sufficiently justified on psychological or social grounds, for example, the acts like man saluting the flag of his country. the son touching the feet of his parents in the morning, the people entertaining their relatives and friends on a festival, the Hindu woman taking meals after the husband. If one g ets psychological satisfaction or social appraisement by following a custom, these are sufficient rational grounds for following it. It may also be noted that customs which appear to be irrational are sometimes reformed or even abolished due to the deliberate thought of the people concerned. In India ma ny customs of Hindus have been abolished by statute while others have been greatly reformed reformed as a result of preachings of our saint leaders like Swami Dayanand and Swami S wami Vivekanand. Vivekanand. Today the educated class of Indians does not follow many customs of the ancestors. Owing to the women's emancipation movement in India there is a growing tendency among the women to give up many of the customs followed by them p reviously reviously.. Thus, customs that were once are no

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more. The Social Role of Custom

Custom regulates social life. Custom is an important means of controlling social behaviour. The importance of customs in society cannot be minimized. They are so powerful that no one can escape their range. They regulate social life especially among illiterate people to a great extent and are essential to the life of a society. McDougall writes - "The first requisite of society, the prime condition of social life of man was," in the words of Bagehot, "a hard h ard crust or cake of custom.' cu stom.' In the struggle for existence only those societies survive which were able to evolve such a hard crust of custom. binding men together, assimilating their actions to the accepted standards, compelling control of the purely egoistic impulses and exterminating the individuals incapable of such controL"

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Custom is obeyed more spontaneously because it grows slowly. People follow similar behaviour patterns.

Customs is the repository of social heritage. Custom, in fact. is the repository of our social heritage. It preserves our our culture and transmits it to the succeeding generations, brings people together and develops social relationships relationships among them. Enemies are turned into friends by custom. It is needless needless to say that Hinduism is alive today because of customs. It would have died long ago had not the Hindus been been forced to abide by customs. customs. They would have been converted to Islam or Christianity if there had been been no Hindu customs to check check the conversion. Customs help in the process of learning. They have already already laid out courses of action action to meet particular problems. They are the savers of energy energy.. They help in adj adjustment ustment with many social problems. social problems. Customs provide stability and a feeling of security in human society. society. The The language which the child child learns, the occupations with which he becomes familiarized, the forms of worship worship that he follows, the games games which he plays - all are offered to him through custom. Customs mould mould personality. Customs play in important part in personality building. From birth to birth to death man is under the influence influence of customs. He is born out of marriage, a custom; he is brought up according according to the customs and when he dies he is given last rites as laid down by customs. Customs mould his attitudes and ideas. Customs are are universal. There is no country or community wherein customs are not found. found. In some communities they communities they arc regarded so sacred that their violation cannot be even thou ght of. The society wishes us to follow them. In primitive society adherence to custom was the general rule and so it is is even today among the aboriginal aboriginal tribes. Malinowski writes about the Trobriand Islanders: "Whatever might might be the case with any theoretical theoretical interpretation of this principle, in this place, we must simply emphasize emphasize that a strict adherence to custom, to that which is done don e by everyone else, is the main rule of conduct among our natives in the Trobirands," In India with the spread of western e ducation the observance of o f customs has loosened, still the old women folk of the country coun try continue to observe them. They weep when they meet their relatives after a long absence and weep on various occasions during marriage ceremonies of their daughter. At the time of departure of the girl to the house of bridegroom tears roll down the cheeks without any sign of their being forced. The Maoris of New Zealand rub noses with each other as an expression of their love and the women of Pulawat Caroline Islands walk in a stooped position in the presence of men. It is thus evident that customs playa major part in regulating our social behaviour. They determine our culture preserve it and transmit it from generation to generation. They are essential to the life of a society and are held so sacred that any violation of them is regarded not only a challenge or a crime but also a sacrilege calling upon the people the vengeance venge ance of the gods. Customs exercise 'such a powerful hold over men that they can be called the "king of men". On account of its control potential the custom has been called "a tyrant'

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by Shakespeare, "a violent schoolmistress," by Montaigne and "the principal magistrate of man's life" by Bacon. The customs are followed with less deviation than are laws. They are observed not simply because they arc traditionally enforced by the society but because people's sentiments and feelings of personal obligation support them. Custom is both democratic and totalitarian at the same time. It is democratic because it is made b y the group everybody contributes to its growth. It is totalitarian because it affects' every' sphere of self-expression, private and public; it influences our thoughts, beliefs and manners. To sum up a social practice must be in existence some time before it is called a c ustom. Customs are social habits and through repetition become the basis of an order of social behaviour. If a social practice is only of temporary duration, we may refer to it as a fashion, or even a fad. A term is needed to name the social practices, It is possible that the term "norm" may be so used, as well to designate old practices.

S U K M A K Recommended Books 1. 2. 3. 4. 5. 6. 7. 8. 9.

C. N. Shanker Rao Vidya Bhusha han n Sa Sacchde dev va Hutton Hutto n G. S. Ghurey Herbert Herb ert Risley Mayani Maya ni T. K. Oomen D. N. Majumdar N. K. Dutta

: : : : : : : : :

Sociology An Introdu ducction to Soci cio ology Caste in India Caste, Class and Occupation in India The People of India Sociology Sociology Race and Culture of India Origin and growth of Caste in India

BASIS OF LEGITIMACY LEGITIMACY Authority is legitimate legitimate power. Political system is the system of exercising legitimate physical compulsions. compulsions. The question which question which needs an answer is: What is legitimacy and how can it be secured and increased? increased? Legitimacy - Meaning, - Meaning, Bases and Sources The ability of a a social system to effectively implement its authoritative values in the society, and and the support that a political political system, its authority-holders in particular, get from the people depends to a large large extent extent on the degree of legitimacy legitimacy that the political system as a whole and the group in power in particular , enjoys. The effectiveness of effectiveness of a political system as such, depends upon the degree of legitimacy that it has at its its back. That is why each political political system has to be legitimate and the people must regard it as legitimate, only only then it is tolerated and accepted by the people. A political system devoid of legitimacy is bound to remain inefficient and a system infested with crises, and even with instability and revolutions. Legitimacy is as such centrally important to a political system, that is why it stands accepted as an important concept in Modern Political Analysis. Legitimacy - Definition Jean Blonden writes, "Legitimacy can be defined as the extent to which the population accepts naturally, without questioning the organization to which it b elongs."

According to S.M. Upset, "Legitimacy includes the capacity to produce and maintain a belief that existing political institutions or forms are the most appropriate for the society society." ." Defining Legitimacy, Robert Dahl observes, "Belief that the structure, procedures, acts, decisions, policies,

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officials or leaders of government possess the quality or 'rightness', propriety or moral g oodness and should be accepted because of this quality irrespective of the specified content of the particular particular act in question-is what we mean by legitimacy legitimacy." ." According to J.C. Plano and R.E. Riggs, "Legitimacy is that principle which indicates the acceptance on the part of the public of the occupancy of a political office office by a particular person, or the exercise of power by a person or group, either generally or in some specific instance, instance, on the grounds that occupancy or exercise of powers is in accordance with some generally accepted principles and procedures of confirment of authority authority.'.' How to Judge the Legitimacy of a Political System Syst em 1. Nature and level of popular voluntary and active political participation. 2. The degree of support that the Political System habitually receives. Rational attitude of the people towards authority. 3. 4. Respect enjoyed by the power holder. 5. The nature and level of political conflict. The faith of the people in the objectives, goals, values and basic structure of the constitutional 6. system. 7. Credi bility bility of the authority holders and decision-makers. 8. Willing Willi ng popular support towards the authoritative values being made and implemented implemented by the authority holders. authority holders.

S U K M A K

Bases of Legitimacy Leg itimacy Max Weber suggests suggests that legitimacy stands based on three different grounds: a) Rational Ratio nal grounds-Legitimacy resting on a belief in the legality of patterns of normative rules normative rules and the right of those those elevated to authority under such rules (Legal Authority). b) Traditional Tradi tional grounds-Legitimacy resting upon an established belief in the sanctity of immemorial immemorial traditions and the legitimacy of the status of those exercising authority under them traditions them (Traditional Authority). Authority ). c) Charismatic Chari smatic grounds-Legitimacy resting upon devotion to the specific and exceptional exceptional sanctity, heroism or or exemplary character of an individual person, and of the normative order revealed revealed or ordained by him (C (Charismatic harismatic Authority). Sources of Legitimacy Legitimacy

The legitimacy legitimacy of a political system or the groups or the group in power, results from three different different sources(i) Ideology, (ii) (ii) Structure, and (iii) Personal qualities.

1) Ideology as a Source of Legitimacy - Ideology is a set of principles which explain a particular phenomenon or phenomena rationally and a nd philosophically philosophically.. It consists c onsists of a set of articulated ideals, end purposes which help the members members of the system system to interpret and evaluate the policies policies and actions of the past and present groups and to develop a future vision. Ideology describes the aims for which the political power is being used or should be used. In every political system some general ideologies and several ideological principles are used by different different groups. The political system, the authority holders, the groups, in particular, the group in power and the group in opposition, use ideologies groups try to maintain or develop their legitimacies. The ideology or ideological to maintain or develop their legitimacies. The ideology or ideological principles which are used by the regime are called legitimating ideology.

Several ideological principles or an ideology are used by the authority holders and their regime to increase the legitimacy of their policies, decisions and actions. The opponents of the regime and the authority-holders

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also use the same or a different ideology to secure legitimacy for their o pposition to the system as well as for their actions. Ideologies of Democratic Socialism and Secularism are used by the Indian regime and by almost all political groups to maintain or secure legitimacy legitimacy.. Ideology is used by the leaders to secure support for their policies, for controlling the behaviour of their supporters, and for criticizing the policies and actions of the opponents. However, success in the use of ideology for securing legitimacy depends upon the ability of the leaders to make an effective use of the set of principles for justifying their policies and actions. The structure of a regime, the constitutional system and its norms also depend upon ideology for maintaining and increasing its legitimacy. legitimacy. The capacity of ideologies to mobilize legitimacy for the political system or its parts or groups depends upon two factors (i) The relationship of ideologies to the performance, and (ii) their appeal on broader psychological grounds. The first factor means that if the people of the system consider that their ideologically inspired expectations are being fulfilled by the Political System, they get attached to the political system and start rendering willing support to it. This increases the legitimacy. Conversely, Conversely, if the people feel that the expectations are not being fulfilled, the legitimacy of the system decreases. The second factor relates to the success of ideology in capturing the imagination of most of o f the members and in fostering a faith in the a bility and qualities (legitimacy) of the authority-holders and the regime.

S U K M A K

Further, the r ole ole of ideology as a source of legitimacy depends upon both its capacity to enable its enable its adherents to express their their needs and wants and its effectiveness as an investment of control of its components components and ideas to move people people into action.

2) Structural Structural Sources of Legitimacy - The degree to which the authority holders exercise their roles as parts of vario various us structures successfully and efficiently also acts as a source of legitimacy. The The degree of legitimacy attaching attaching to the authorities will vary with the extent to which they are p erceived tooccupy to occupy valid roles in the political political structure, to have been selected in acco rdance with the norms of the regime and regime and to wield their power in in the manner prescribed by these norms and by the regime goals. If they are seen seen to meet the norms of law and law and procedure their legitimacy gets confirmed.

Every political political system has roles through which authority is exercised. When a person takes up the performance of performance of a role through the established process, his legitimacy gets accepted by the peo ple. The due performance of performance of role in a just and right manner acts as a source of increase in the legitimacy of authority. authority. Thus, when an an individual comes to occupy a role in a legitimate structure, his legitimacy gets confirmed. confirmed.

It is called str uctural uctural legitimacy. legitimacy. The validity of the authority stems from the acceptance of the legitimacy of the role a member holds in the structure of authority and his conformity with the norms defining rights and obligations of that position. When an individual gets legitimacy after he comes to occupy a role in a structure we call it legitimacy resting upon structural basis. By exercising his role in accordance with the set norms and rules, the individual enhances his legitimacy as well as the legitimacy of the structure of which he is a part. 3) Personality as a Source of Legitimacy- The personality of the authority-holder is always an input of legitimacy. When the personality of the person holding an office enjoys respect and moral approval, the legitimacy of the role he performs gets confirmed and increased. The personal charisma of the authority holder, and the recognition of his qualities by the people is always a source of legitimacy for the role he performs and the structure whose whose part he is. Personal legitimacy is a strong source of legitimacy. legitimacy. When the people love, support, and respect the person holding an office, even e ven some violations of the norms and procedures are well tolerated by the people and the legitimacy legitimacy of the the system remains intact. It was Nehru's

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charisma which helped the people to overcome their frustration with the regime resulting from its failure to meet Chinese aggression of 1962. Not only personal charisma but also the quality of leadership exhibited in discharging the functions of the role also acts as a big source of legitimacy. legitimacy. Lal Bahadur Shastri lacked the charisma that Jawaharlal Nehru had, but his role as the Prime Minister of India during 1965-war with Pakistan greatly increased his and his regime's legitimacy legitimacy.. For the masses, personalities of the top leaders, particularly personality of the topmost leader is the most determining factor of the legitimacy of the political system or the group in power. The masses cannot understand and appreciate fully the qualities of ideologies or ideological principles. Their knowledge of the political structures and their functions is also limited. But the vision of charismatic person exercising power over them always attracts them. Hence personality as the source of legitimacy sometimes overshadows the other two sources. Types of Legitimacy Basis Kinds Source of Legitimacy Legitimacy Objects of Legitimacy Legitimacy I Ideology Moral convictions convictions Moral convictions I-Ideological about regime about the validity Le Legitimacy gitimacy of incumbents of of authority role Structure Regime Personal Qualities

S U K M A K Overf low low from belief in belief in the validity of the incumbents of authority autho rity roles to the authority autho rity roles their (structure (struc ture and norms)

Independent belief in the validity of authorities because of personal qualities

l Authorities

III-Personal Legitimacy Independent belief Overflow from belief II-Structural in validity of in structures to the ..J.egitimacy structures and norms incumbents of the authority roles Reference Books

1. Raymond Aron

:

Social thinker

2. Mandelbaum David

:

Society in India

EVOLUTION OF LEGAL SYSTEM Introduction

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Nearly all all human societies, societies, tribal, tribal, peasant or industrial, have laws or legal legal rules rules whose scope scope is coextensive with human life. In other words, human h uman activity, be it economic, social or political, is controlled by laws or procedures of various types. Basically, Basically, however, the function of law is to protect, preserve and defend the members of society against internal disorder or external threat. Thus, although the entire gamut of human behaviour is controlled by appropriate procedure or "rules of the game", our focus here is on the legal system and its relation to stability and change. In order to have effective laws they have to have the moral sanction of society and be enforced o n the people by the power of the state. Those who deviate from the law are usually given punishment of various kinds such as fines, imprisonment, exile or even dea th. However, the state which is an embodiment of the law may itself become arbitrary or tyrannical. When a gap occurs between law and justice, human spirit has often rebelled. Men of great moral stature such as a s Socrates, Jesus, Gandhi have been regarded as rebels against the state. When the Church and the state became nearly identical in medieval Europe, thousands of heretics were killed. At the same time, the persistent question among jurists has been, "should law be concerned with what is, or what ought to be?"

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In preliterate societies laws have been orally transmitted and often a re inseparable from custom. There is no ground for the the assumption of some people that preliterate societies are anarchic or lawless. Extensive Extensive data from Africa, Asia and Australia have shown that tribes are well regulated by taboos, c ustoms, ustoms, even even formal laws. But the tribes the tribes have varied patterns: for example, the rudimentary legal procedure found found among the tribes of Polynesia, Polynesia, Melolanesia and Australia stands in contrast to the African tribes (Astranti, (Astranti, Fanti, Bantu), which which have well-defined tribal courts and unwritten but formal rules. In all the tribes, there there is a nearequality before before law as classes or castes are almost absent.

Legal control control in preliterate societies was exercised primarily by kinship units called lineages, lineages, clans, moieties etc. The normative control was maintained by the strict observance of taboos which were laws as well as being the being the basic fabric of society. The tribal chieftain, who was often exempt from taboos, taboos, enforced the conformity conformity of people to them. While internal order was maintained b y taboos, inter-tribalrelations inter-tribal relations and customs governed governed the behaviour of the people. The taboos and customs were rooted in the tribal tribal mythology, magic and religion. religion. For example, in some primitive tribes if any male married within the the clan, it was considered as as clan incest. This act was believed to endanger the whole clan by bringing down down upon it supernatural retribution. Hence, a sanction like heavy fine or exile was meted out to the offender. offender. In a preliterate so society ciety,, whether the law was wa s in relation to a taboo or to a mundane dispute between two two disputants (for example, example, default in debt payment or physical assault) a collective orientation seemed seemed to prevail. Usually, individual individual interests were overlooked, in the larger interests of the community community.. In sum, in the pre lite rate societies, societies, three elements were common: (a) an effective e ffective internalization of the law, (b) A ne near ar absence of formal agencies agencies such as state and courts, co urts, and 9c) hardly any change in law. In complex ancient civilizations such as Babylonia, Egy pt, Israel, India -and Rome the laws were usually based on customs, religious principles and the decrees of monarchs or heads of state. The laws were recorded in detail on clay tables, parchment or o r palm texts for the benefit be nefit of posterity. posterity. Arnold Toynbee, Toynbee, the British historian, has called these ancient civilizations "ecumenical" states be cause they integrated diverse tribes or groups under the aegis of a religious doctrine. The rules of these states were, therefore, entrusted with wide administrative and judicial responsibilities to govern a va st populace in an impartial manner. Of these old civilizations, Rome created the most elaborate legal system which enabled it to ex ercise control over a heterogeneous society. Its farflung provinces in Europe, Africa and Asia were ruled efficiently by means of formal codes. While the free citizens of the ancient world enjoyed legal protection, the slaves did not have even basic rights. However, a religious institution known as "manumission" considerably alleviated the sufferings of slaves. At the famous Pagan temple of Delphi, some Greek and Roman slave-

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owners gathered every year on a festive occasion to liberate slaves in fulfilment of vows. As an outcome of this, a number of slaves gained freedom. The Hindu laws known as Dharma Shastras composed by Manu and others were intended to provide guidelines for maintenance of Varna, observance of Dharma and the propitiation of ancestors and deities who were believed to be the guardians of social order. These texts legitimised the institutions of a heterogeneous country and imparted social stability. stability. On several occasions when India's political unity was weak if not absent, these texts provided the source of new political order. The Hindu kings at various times drew their authority from these texts. These compendia of moral an d juridical laws clearly show that in spite of their conservative stance, they were not averse to modification. Thus, as societies have grown from simple to complex, there has been an extensive growth of legal rules. This gives rise to certain problems. For example, when a nation-state na tion-state is formed on the basis of integration of a number of groups, it may be quite difficult to establish equality before law, as these groups may be at different states of development or have separate legal codes. There are geographic, historic and cultural factors which hinder legal uniformities. If these distinctions are obliterated at one stroke by a fiat of law it may cause grave imbalances in the social structure. However, a gradual reduction if not removal of disparities is not only possible but also desirable, de sirable, in view of the modern trend towards equality.

S U K M A K

Some Sociological Sociological Approaches to Law Durkheim, K arl arl Marx and Max Weber Weber have made significant observations on law. Durkheim's sociology Durkheim's sociology of law was tied up with the wider context of transition from simple to complex society. An impor tant index of this transition transition was that the law which was repressive earlier became restitutive or made reparation reparation to those concerned as society as society became more complex. In other words, while the law in simple society was based on the principle principle of stringent punishment, in a complex society it was based on compensatory compensatory principle. However, W.J. W.J. Chamblis and R.B. Siedman, two American researchers in law, have pointed out pointed out that the reverse is true true in many instances. In the preliterate society, there is a reciprocal relationshi p p and also a personal tie between members. Hence, compensation for injury is accepted. By contrast, in larg largee impersonal societies, repression repression by state or police is a common occurrence.

Karl Marx regarded regarded the legal system of his times as the out come of certain dominant and vested vested interests. Law enabled the enabled the dominant groups to preserve their privileges and impose their will on the rest of of the society society.. Hence, in the communist the communist society of the future, where private interests are replaced by collectiv collectivee goals, both state and law would law would be unnecessary unnecessary.. This future society would consist of guild-like collectivities collectivities marked by self-governance self-governa nce or self-regulation. As a critique of capitalist society, society, Marx's theory of law is notable notable but in practice in th thee present day socialist states, there is a considerable con centration of legal authority authority in state and repression of those those who do not think on the same lines. Max Weber's Weber's theory of law derives from his notion no tion of Rational-Legal Authority. Authority. In the study of historical jurisprudence, he described the gradual ascendancy of the rational-legal principle. The modern formal organizations (state, judiciary, judiciary, etc.) are guided g uided in principle by rational-legal norms. Of course, in substantive terms, there may be departures. The rational-legal norms emphasize some basic elements such as hierarchic structure of bureaucratic authority, division of spheres of work, impersonal interaction, specific functions and large-scale organization. Official procedures are the very basis of modern organization, where contractual (means-end) relationships predominate. In sum, sociological theories of law emphasize the significance of social factors in the study of law. In other words, law is rooted in social institutions, in socio-economic networks. These social factors influence the course of law or the direction of legal change. Besides, the sociological view also highlights the differences between formal formal (normative) and substantive substantive (operative) aspects of law law.. What is written into statute books is

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not always followed in practice. This is the outcome of personal and social interactions which are variable and often unpredictable. At the same time, law may itself change social norms in va rious ways. For example, in free India, legal abolition of untouchability is an attempt to change a long-standing social norm. Yet Yet it has not succeeded much due to inadequate social support. Thus there is a reciprocal relationship between law and society society.. It is in order to note that law and social change are related to e ach other in intricate ways. Simplistic, populist notions will have to be avoided in judging the role of law in ushering in social change which is a far more complex interaction. A contemporary Western jurist, Karl Renner, has argued that in Western countries, certain formal laws related to private property or private interests have remained unchanged in some th respects since 18 century but their social content has undergone marked change. Today Today property includes not lands and buildings but b ut also capital and wage, not to speak of intellectual property. property. This has led to the interference by formal organizations such as state, trade un ions, etc. in dealing with matters of property p roperty..

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Further, according to Renner, private interests in many instances become public utilities. He cites the privately-owned Railways which became public utilities although formal ownership rested with private people. In India, we have the example of many privately-owned firms which became joint joint stock companies, although they are they are still formally owned by a few families. Similarly, Similarly, the rules of contract have ha ve remained remained more or less the same same in industry, but the rise of trade unions un ions has introduced collective bargaining bargainingwhich which in fact intervenes between between contracting parties. In other words mere change in statutes is not likely to to bring about reforms. The social The social and economic implications are the touchstone of legal lega l innovation. A popu populist list approach to law tends tends to advocate abrupt changes in law and to ignore the evolutionary elements. Therefore, a cautious appr oach oach is necessary necessary.. Reference Books Books

1. RaymondA Raymond Aron 2. Mandelbaum Mandelbaum David

: :

Social thinker Society in India

Legal System Syste m in Modern India - The British rule introduced into India legal organizations organizations not only to maintain law law and order but to protect the colonial interests in the subcontinent. The judicial judicial system introduced by by the British was broadly based on Anglo-Saxon canons of justice in which the obedience obedience to the Rule and Law Law was emphasized. In due course Anglo-Saxon laws predominated in many civil and criminal spheres, but in certain social fields such as property inheritance in the family, partition and joint and joint family interests (business, (business, etc.), marriage, divorce, adoption, succession, caste disputes, etc. many of the the traditional legal norms were retained. The legislative enactments during British rule introduced some modifications modifications in the traditional traditional laws with a special view to grant autonomy to individuals in inheritance, etc.

The conspicuous feature of the legal system referred to above was the dispensation of law through the law courts. In the three major Presidencies, high courts and subordinate courts (Sessions, District and Taluq Courts) were introduced. However, the Privy Council of Britain was the supreme legal institution for appeals from India. In the Princely States, especially the progressive ones such as Mysore, Baroda, Travancore similar courts were introduced by the rulers. Thus, Indian society witnessed the gradual spread of certain modern legal concepts such as equity before law, right to arbitration, etc. However, within the framework of modern law, the structural inequalities arising from disparities in caste and status have continued in Indian society society.. An important outcome of the modern legal system was the growth of professional groups such as judges, lawyers, pleaders, etc. Many people received training in law and started their practice in towns where the courts were located. As the Indian villages had difficulty in understanding and relating to urban based law

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courts which were far away from the villages, the lawyers mediated between the former and the latter as interpreters of law. It may be noted that during the colonial rule there was no sharp separation between executive and judicial roles. The administrators had also rural duties especially at the lower levels. The separation between the executive and the judiciary became nearly complete in the post-Independence period. After the Republic of India adopted the Constitution in the year 1950, judicature was reorganised. The Supreme Court of India became the apex appellate body supported by state-level courts such as high courts, district courts, etc. Besides, statutory tribunals were established for revenue, labour, and other matters. The Law Commission of India was established to suggest and recommend appropriate legal measures. The present legal system rests not only on an extensive network of legal organisations but also on a growing corpus of laws, precedents, etc. The legislative bodies all over the country are producing new acts and amendments every year. For the common people the modern laws have become nearly incomprehensible.

S U K M A K

During the British rule, participation in the legal system by the broad masses of people and by the groups affected by it, was virtually unknown. However, during the freedom struggle, people often protested against oppressive laws through public demonstration. In British India, law was a "topdown" model and the "natives" were were required to abide by b y it or face penalty pe nalty.. Among the participants in the freedom struggle struggle there was a hope that that the legal system in free India would rest on democratic norms. Despite this hope, hope, domination by the elitist group in post-independent India has continued. People's participation is confined confined to certain local contexts contexts such as the operation of Panchayat Raj. The representatives representatives of people in Parliament and state assemblies wield "delegated authority". They seldom consult their constituents as to whether the proposed laws would be agreeable to them. Of cour se, in a large, heterogeneouss country the participation of people is hindered by d emographic and geographic factors. heterogeneou geographic factors. The interest grou ps of the Western type where people articulate their political needs have not ye yett emerged in India, except in except in a few urban centres. For the vast mass of people, modern laws do not seem see m to promise redemption f rom rom economic and social tribulations. Reference Books Books

1. Mand Mandeelbaum David

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Society in India

2. Upen Upend dra Baks ksh hi

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The Crises of the Ind ndiian Lega gall System

3. Krish Krishn na Ayyer

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Law and people

4. T.K. Omman

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Sociology

LAW LA W AND PEOPLE SOCIOLOG SO CIOLOGY Y

Orderly social life is a goal desired by human society. Stable social life enables the pursuit of the individuals' vocations peacefully. If there is anarchy, it not only leads to the disruption of social life but also makes human behaviour unpredictable. Hence, socialization of the children in the family or in the local community is the first step taken in a society to inculcate the norms of social control. The later adult socialization reinforces conformity to the laws of society. In complex societies such as India, customs rather than taboos governed the behaviour of people. The caste councils and the village councils maintained a vigil over the people and enjoined upon them to abide by customs. In many parts of India, if someone gravely offended the caste or village council, he was cursed by the elders of the council. This was believed to result in supernatural retribution (illness, misfortune or death) and hence the average villager v illager dreaded incurring the wrath of elders who were the guardians of the law. In

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the dispensation of justice in India, certain metaphysical notions were widely employed. Kings and chieftains believed that the chief mission in their life was to establish or protect Dharma which summed up the cosmic-social values cherished by Hindus. Hence, the king who was the earthly guardian of Dharma punished offenders and rewarded compliant citizens. This ideal influenced most kings, be they Hindu, Buddhist or Jaina. Besides, there was a widespread belief in reincarnation in Indian religions, namely that the individuals suffered for their past misdeeds in the subsequent birth. Even if a criminal escaped punishment here and now, in a future future birth he suffered misfortune misfortune for his misdeeds. This belief in "Karma' has acted as a deterrent, especially in keeping many people away from serious crimes such as murder. It may be noted that Hindu legal texts were built on hierarchical and patriarchal notions. Manu sanctioned lesser punishment to the Brahmin deviant. He also denied property rights to women. But even the Brahmin could not escape the Karmic reaction, and expiatory performances did not help one guilty of a grave crime such as murder. As regards women, Manu conceded conce ded the authority of customs in some parts of the country, such as the South where matriarchal laws prevailed. It was mostly with reference to Indo-Gangetic India that Manu's laws were strictly applicable. Therefore, Manu's laws must be viewed not in isolation but in relation to customary departures from his injunctions.

S U K M A K

The Hindu legal legal texts composed by Manu, Vishnu and others were to some extent based based on existing customs. However, However, there was an important difference between the customs and the texts. In general general customs were concerned concerned with "what is"; by contrast, the texts dealt with "what ought to be done" to im prove human behaviour. On account of this difference, there was often a tension or conflict between the twoorders: two orders: "texts and contexts". contexts". In the event of a dispute between the two, the king-in-council usually intervened intervened and settled the issue in favour of the texts. At the same time, occasional concessions were made by rulers to the customary point point of view. view. In a sense, both norms and practices were elastic, especially where common common people were involved. involved. The legal texts did succeed in establishing a uniform code for India in spite spite of variant customs. While the texts texts focussed on the social, religious and metaphysical dimensions, they did not throw throw much light on commercial commercial or agrarian matters. In these areas, the customs of a group or community were were applied to settle a dispute. dispute. Likewise, the various trade or craft guilds followed their customary procedures. procedures. M.B. Hooker, Hooke r, a Western Western commentator on Hindu law, describes the difference between the text and the the context as follows: The rule of Dharma was an ideal system of classification providing a certain view of reality, realit y, and it was toward the attainment attainment of this reality that individual and caste practice was directed. Thus, custom custom contrary to orthodoxy, would would not be followed, at least by the elite, and where such a custom was already in written in written form it could be, and and was, argued out of existence. Custom was a human and social development, but but the texts as expressed in the in the Shastras were not directed towards the maintenance of such development but development but towards higher forms of existence. It was during the colonial era that the British judges gave a rigid interpretation of the Hindu normative and customary laws. There were other important groups in India which followed separate norms. The Muslims followed Shariat derived from Koran. The Christians followed canons derived from the Church or the Gospel. The various Indian sects such as Buddhists, Jainas and S ikhs followed different versions of Hindu Dharma. Even today many social institutions among these communities (marriage, property, inheritance, adoption, etc.) are governed by ecclesiastical or customary laws. As in Hinduism, tensions do exist between the idea s and the reality in these communities. For instance, many Indian Muslims have retained Hindu beliefs and customs contrary to the injunctions of Shariat. Likewise the tribal converts to Christianity are not always monogamous.

30

In fact, most communities in India were already advanced in terms of the richness and complexity of their laws, and Western Western concepts only supplemented them. For example, the Hindu Code Bill of 1956 has retained many traditional elements in a modern legal framework. The rational-legal principles of the West have no doubt influenced the Indian constitution and the various subsequent amendments or legislative acts. In certain secular spheres such as trade, agriculture, administration, etc., the Western Western liberal laws have become the dominant force in present-day India. India's freedom ha s not radically changed this pattern. Even today today,, the legislative work is conducted with reference to concepts of Anglo-Saxon law. law. But it is necessary to note that there is a gap between the normative and operative aspects. This is because India's social reality is complex and often defies the principle of rationality. rationality. For example, a number of private firms committed to high technology follow an ascriptive practice in selecting the chairman o r the managing director. The son or the nephew invariably succeeds the previous head of the organization: Also, the colonial rule introduced into India certain private interests which were not part of the Indian society earlier. earlier. For example, the permanent settlement created a vast class of landlords who owned land and became a conservative force. The payment of salaries in sterling to the members of Indian Civil Service was still another legacy of colonial era. Although these privileges are abolished, the colonial attitude still persists in this countr y, especially with regard to private property. Legal measures have not reduced the the importance attached to pr ivate ivate ownership or private control.

S U K M A K

The really outstanding outstanding problem in Indian society is the crisis in legalism. There is a widespread widespread adoption of dual standards standards in law. The rich and powerful sections, politicians, top government functionaries, functionaries, private businessmen are businessmen are the ones one s who flout law because of their privileged position. Tax evasion, manipulation manipulation of licences, acceptance acceptance of illegal gratification are a few examples of the defiance of law by privileged privileged people. Most of these deviant these deviant acts are done covertly and even eve n if exposed by judicial enquiry, little follow-up action is taken against corrupt against corrupt politicians and bureaucrats. It is ironical that often these people pose as the the guardians of morality in public in public life. The socialization socialization of people in regard to impersonal standards and values is incomplete. The Indian Indian citizens still live in the th e small and limited worlds of family family,, kinship or caste circles. The disparity between between private and public conduct conduct is often glaring. Thus, a corrupt businessman may be a good family man or strict strict moralist in private life as as if the two separate spheres have no meeting point. In general, there is a low commitment commitment to macro-level or public values and norms in Indian society. In fact, in private circles the government government servant who amasses wealth amasses wealth by unfair means is often regarded as "enterprising" and "successful". Cheating Cheating of the governments by governments by a trader does d oes not always generate approbrium a pprobrium in primary groups. Similarly, a government a government servant or politician politician who secures jobs for his relatives receives special deference among his kin. It is this crisis in legal values legal values that the nation must overcome in attempting to implement the constitutional constitutional provisions in spirit as well as the letter of the law law.. Law as a Means of Social Control - Micro-and Macro-levels in Operation

I) The village panchayat and caste council- An important institution in the Indian social structure is the traditional panchayat. For centuries, the caste council and the village council have functioned partly as administrative and partly as judicial bodies. Ritual lapses, land disputes, sexual misconduct, factional quarrels were among the items judged by these no n-statutory bodies. While most of the disputes were settled within the framework of customs, occasionally appeals were made to an external authority such as the king or chieftain to intervene and settle a dispute in accordance with the legal texts. In administering ad ministering justice at the micro-level, the village elders were guided by oral testimony, precedents, royal decrees and occasional resort to ordeals.

31

There is an impression in general that these older councils are no longer effective; this is not so. Many middle-ranking and lower-ranking castes in India have effective caste councils.Aprime example of this are the Jats of Western U.P. studied by M.C. Pradhan, an Indian anthropologist, who are being effectively governed by caste councils even at present. These Jat councils decide not only ritual disputes but also agrarian and economic disputes. Among the higher castes such as Brahmins, caste councils are we ak and if they function at all, they do so under the guidance of heads of religious sects to whom they owe allegiance. For secular disputes, these groups have resorted to law courts. The village councils were a replica of the caste councils on a wider scale. As the villages were autonomous, great authority rested with the village councils. Judicial decisions were given in the open, and nearly all adults participated in the proceedings. As the village was a "face-to-fact" society, it was not possible for witnesses to put forward false witnesses or evidence; but occasionally the coercive power of the village landlord or trader stifled the truth. Nevertheless, the easy access to a judicial settlement created no hiatus between normal life in the village and the judicial process. II. Contrast with British Courts in India - By contrast, villagers who filed litigation in the British courts of law had to spend time away from the fields. This was a disaster to the people living on a subsistence economy especially for those in the lower rungs of the caste system. Hence, in spite of unequal distribution of power in the village, the the councils functioned effectively because of their quick and public methods of br inging about justice.

S U K M A K

With the establishment establishment of the British courts in India, the dispensation of justice underwent underwent a change. According to to Bernard Cohn, an American anthropologist, four discrepancies occurred between the indigenous r ural ural tradition and the British jurisprudence. The first discrepancy was between the villagers' hierarchical view view of interpersonal relationship and the British notion no tion of equality before law. As As a a result even if a lower caste caste person, particularly an 'untouchable', won his case against the land-owning upper land-owning upper caste person, the harsh reality of the village power p ower politics negated his victory. The landowner enjoyed enjoyed a powerful position in the village and a remote British ruling could not ensure justice for the 'untouchable', 'untouchable', who continued to remain to remain in a subservient position. The second discrepancy was between standard standard contract. According to official to official rules, the relation between a landlord and a tenant was contractual, limited limited to the use of land and payment payment of rent; in personal terms, however, it was a multiple relationship involving involvi ng reciprocal obligations. Hence, a judgment given in terms of the contract was likely to harm the status relationship. relationship. The third discrepancy discrepancy occurred in terms of the decision itself. Usually, the British courts insisted insisted on clear and firm decisions. decisions. By contrast, the caste and the village v illage councils tried to bring about a compromise compromise between the disputing disputing parties; in this mode of decision there were no winners or losers but only parties to an agreement. In In other words, the disputants did not lose "face" when a judgment was given. This was an important as pect of social life and one that was more accep table than the rigid British code. Fourthly Fourthly,, the official courts usually dealt with the disputes placed before them rather than investigate into the past relationship between the two parties. By contrast, the village councils tried to ge t at the root of the problem. For instance, a land dispute might arise a rise from a noneconomic cause such as an old feud or rivalry. As the caste or the village council was in intimate touch with the contenders, it could sort out the real issue. Some of these differences between the two systems are carried over to the present. Although ambiguities persisted, the caste council and the village cou ncil had a complementary relationship. The cases which could not be sorted out at the caste council level were taken to the village council. The landowning castes (Rajputs, Jats, etc.) tended to dominate the village councils also and hence tensions were often caused by village factions. That is to say, the caste council of a dominant group virtually became the village council, although it "co-opted" a few dependent groups g roups into the latter. Mention may be also made of the presence of non-statutory jural bodies in the slums of urban industrial

32

centres. In Bombay, Calcutta, Kanpur and elsewhere, the immigrant groups have formed their own panchayats. They have imparted some stability and order. order. It is noteworthy that in relative terms the Indian slums are much less turbulent than their counterparts elsewhere. Deviance is not absent, but it has not attained explosive proportions. For instance, armed robbery, drug addiction, gang fights, etc. are the common features of urban centres such as Chicago (USA). The maintenance of kinship ties even in the towns has lessened the loneliness, and some of the values of rural life are still cherished. In the post-Independence period, the introduction of the Panchayat Raj in the year 1957 introduced new elements. Panchayat systems consist of two wings: Vikas Vikas Panchayats or development council, and Nyaya Panchayat or community for justice. In many states, Vikas Vikas Panchyats complementary to Nyaya Panchayats were introduced in 1959. The members were elected to these Nyaya Panchayats directly or indirectly from among the gram panchayat representatives. There was an optimistic belief that these nyaya panchayat would be the primary bodies of the State State Legal System (SLS). Besides, the gram panchayats were also entrusted with the jurisdiction over minor disputes, both civil and criminal. Although the early response to this measure was good, the denial of even minimal finance to the nyaya panchay ats and the election of untrained members to administer law were some of the shortcomings. The expectation that justice at the door step would lighten the burden on higher courts did not materialize.

S U K M A K

In recent year s, s, the introduction of Lok Adalats (people's courts) is an attempt to reduce the distance distance between people's perception perception of Law and the state's legal stand. These Lok Adalats have attained a great great success in Gujarat. Mor e recently (1986), the Lok Adalats have shown promising results in the Metropolitan Metropolitan Delhi, where many cases related to accident compensation were settled between insurance companies companies and the claimants. The The guiding principle of the Lok Adalats is the spirit of compromise rather than confrontation. confrontation. In that sense, they they are reviving the method adopted by the caste and village councils, which tried to to bring about compromise. In compromise. In particular, the Lok Adalats are sure to reduce the sense of alienation that exists between exists between the people and th thee judiciary. An intriguing intriguing aspect of micro-level judicial process has been the litigation born of factional rivalry. factional rivalry. The winning party party in the village feels a glow of pride, if the opposing faction has lost the case. The case. The limited surplus of the the village money is often squandered squand ered on lawyers and court fees. Thus, unintention un intentionally ally the SLS has become a partner a partner in the factional struggles of the village. Also, excessive delays in judicial settlement settlement are marked in the state the state legal system. III) Tribal Judicial J udicial System - India has a large number of tribes in the North-Eastern, Central Central and SouthCentral regions. regions. The tribes of the North-East are of libeto-Burmese stock and mainly animistic. ani mistic. In the Central and South-Central regions the tribes are of Austro-Asiatic stock and follow an animi animistic stic religion. However, many many tribals in the north-east are Christians, while many in the South-Central region region are Hindus. The tribes have had a distinctive judicial system and there are some important differences between the tribal and caste councils. The tribes are clan-based and segmental in character where kinship is the predominant element; they are not part of a hierarchy h ierarchy.. By contrast, the castes have many man y non-kinship ties, as for example in a village where many man y castes co-exist on the basis of ritual purity. These These elements are absent in animistic tribes. They are horizontally organized and are governed by taboos and local customs.

The tribal values are a product of their interaction with nature and environment. There is no imposition of a nationwide religious model on them. This means that with the exception of Christian and Hindu segments the tribes are autonomous in their value system. In the past, the disputes related to tribes were decided within the framework of the tribal world. If a dispute could not be settled within the tribal village, it was taken to the inter village tribal council which was the ultimate arbiter. The main reason for tribal autonomy was its geographical separation from the caste-groups. By contrast, a dispute in a caste-based village could reach even the remote monarch. Although the caste councils and village councils followed customary rules, they

33

were not outside the jurisdiction of Hindu Dharma Shastras. In other words while routine disputes were settled on the basis of customs, on occasions the vertical authority of the king intervened. During colonial rule, the tribes in general suffered from the same disintegration as the castes. The influx of forest contractors, money-lenders, traders and missionaries into the tribal belt introduced new elements. Especially, the landowners and moneylenders from the plains acquired assets in the tribal area, thereby causing a severe deprivation among the tribals. The tribals' lands and livestock were mortgaged and many of them became landless or bonded labourers. The forest contractors, motivated by monetary greed, relentlessly depleted the forests which were the main source of tribal livelihood. As a result, the internal order of tribal life also broke down. The judicial powers vested with the tribal councils were taken away by alien organizations such as the courts of law introduced by the British. With the introduction of statutory panchayats in post-Independent India a new phase has started in rural and tribal India. Although some of the ritual and local disputes are still settled by the tribal councils, c ouncils, they seem to have lost their sense of purpose. Probably, many of the tribal councils can be revived to carry out some of the functions which they had performed earlier. The tribes have been isolated so long that they can be made part of the national mainstream only in gradual stages. During colonial rule many tribes rose in revolt against the outsiders such such as money-lenders and landowners who were exploitative. Even today there is a resentment among the tri bals bals against inroads made by outsiders.

S U K M A K

Composition and Operation of Tribal Councils in India – Reference to tribal councils are scanty in the Composition and publications on Indian Tribes. There are very few analytical studies pertaining to tribal judicial judicial process. However, some some notable work has been done by social anthropologists such as G.S. Ghurye, Ghurye, C.V. Furer Haimendorf and B.K. Roy Burman among amon g others. In general, the North-Eastern tribals such as the Dafla, Naga, Khasi Kha si and Garo have lineage-based, autonomous tribal councils. In the Daflas society society there is no external authority authority to impose sanctions. In a dispute, might is regarded as right and there are no explicit explicit moral notions such as "guilt", or "sin" which influence the judicial proceedings. When a person is wronged wronged his kingroup comes to comes to his rescue and organizes raids on the other kin-group whose member has off ended. ended. If the offender is caught, caught, he is killed as an act of revenge. However, the Dafla often employ a "go-between" "go-between" who will try to bring bring about a compromise between the contending parties. In such instances, a com pensation is paid to the ag aggrieved grieved party party..

Although a formal formal judicial authority is absent among the Daflas, there are some conventions or codes codes which regulate the conduct conduct of people. When a feud arises, negotiation and settlement are made possible possible by the use of these conventions. conventions. However, if there is a miscarriage of justice, there is no appellate author a uthor ity above the tribal kin-group kin-group or tribal village. The Daflas, therefore, represent an elementary kind of organization organization which is "repressive". "repressive". In this society there is no impartial judge who can decide a case; the parties in dispute act as their own arbiters. Also, Also, the winner is lauded even eve n though his action from the moralistic standpoint of a more enlightened society is wrong. The end justifies the means. There are also scattered references in published literature to other tribes such as Garo, Naga, Tangsu, Lushei and Monpa. These tribes are also autonomous political units. But they seem to have a more complex tribal organization than the Daflas. That is to say, the dispute may be settled by the interclan authority rather than left to the wisdom of the clan itself. For instance, among the Konyak Naga, the Villages are divided into several wards. Each ward has a number of patrilineal clans. The village council is presided over by a chief who is assisted by ward heads. This council c ouncil settles disputes and punishes the offenders who d isturb the peace of the village. Among the Naga, the village council is empowered to adjudicate the disputes arising in the village. In South-Central India, the major tribes are Santhals, Munda and the Oraons. Ghurye has made reference to

34

them in his writings. In contrast to the North-Eastern tribes, the South-Central tribes have been in more intense interaction with the Hindus who have been adjacent to them in territory. territory. Even prior to British rule, Hindu religious and social influences had spread to the tribal villages. There were even attempts made among Gonds and Bhils to adopt a feudal kind o f rule which had prevailed among the Hindus. Thus the gond rajas established courts which consisted of feudal chiefs or nobles. Also, the South-Central tribes appear to have a more complex judicial arbitration than those of the North-East. Among the Santhals the headman is called manjhi who is assisted by a number of other hereditary officials in the village. Among Santhals, beyond the village there is a tribal organization based on a group of villages v illages (Pargana) which acts as the appellate authority. The intervillage panchayat consists of headman from the constituent villages. Among the munda the headman hea dman is called "munda". He is a civil authority and is assisted by pahan who is a religious functionary. functionary. Beyond the village there is the patti p atti or parha which is an intervillage group similar to the Santhal pargana; usually a parha or pargana consists of ten villages. The Village Village headman arbitrates in local disputes; but the appellate authority is the parha cou ncil. Among Oraons also there are the munda and parha mentioned above; besides, b esides, there is the mahato who assists the first two officials, especially in the settlement of civil disputes. The parha or the federal organization of villages of the Oraons is based upon local contiguity. It normally consists of three to five villages. The parha or the Panchayat meets only once a year and deals deals with matters of interest to the whole community such as disputes, dates of festivals, festivals, guarding the boundaries boundaries of villages, etc. The Hill Maria who are an extensive tribe in Central India have have a judicial organization similar to the Santhals.

S U K M A K In sum, the tribal tribal panchayats have some common comm on features which are as follow:

1. In most most of the tribes, the ritual and social disputes are still settled by the tribal councils, councils, although

economic econo mic disputes are taken to the modern law courts.

2. The tribes tribes do not make a clear-cut distinction between sacred an d secular institutions.The institutions. The head of a

traditional tradit ional panchayat often acts as a religious authority.

3. Previ Previously, ously, consensus was the usual mode of settlement: at present due to moder n influences

major ity ity decisions have tended to replace it.

introduction of new judicial practices in the tribal area has led to confusion in the minds of 4. The introduction tribals. tribal s. The tribals are often unable to understand the new procedures.

5. The new new tribal leadership is becoming more secular secu lar and non-heredirary.

Reference Books

1. Raymond Aron 2. Mandelbaum David

:

: Social thinker Society in India

35

UNIT-III Occupation and Professions

Division of labour and differentiation of population based on occupations is found in all societies. However, the basis of this differentiation is markedly different between societies. For example in pre industrial societies division of labour is based on age, sex, caste or class. But in industrial societies while these bases persist new criteria such as formal education and training, specialization etc, are added which make the basis of division of labour more complex. This does not imply that in pre industrial societies education was absent and skills were not allied to specific trades; usually one learnt the skills, as an apprentice attached to elders. This meant that specialization in a particular kind of occupations was determined not by his or her potentialities or aptitudes for that particular occupation, but based on one's birth birth into a specif:c sex, class or caste. Thus, traditionally women were expected to do specific types of work and among women differentiation prevailed, depending upon their class background. Similarly, occupation was closely linked to caste in India. India.

S U K M A K

In industrial urban societies by definition all occupations are open to everybody provided the aspirants acquired the requisite prescribed qualifications. But in no society does a total and sudden break from its past occur and therefore therefore we often come across social closure of occupations based on a variety variety of factorsreligion, language, language, caste and class in all societies. Value Orien Ori entation tation towards Work

Traditionally although occupations were hereditary, it was considered necessary to work and Traditionally although and work was valued. value d. To To live live on charity was considered shameful as charity was extend ed on personal and f amiliar basis. In contempor ary ary welfare and socialist states, one can opt in and out of work and live at state-defined state-defined level of subsistence r eceiving eceiving 'charity' from impersonal state without loss of dignity. However, attitude atti tude towards work weighed weighed across societies.

The ancient Greeks and Romans viewed work as a burden. The Greek deplored mechanical mechanical work as brutalizing the the mind and rendering it unfit for thinking. The Roman Philosopher Cicero considered considered only agriculture and and business as worthy occupations, other occupations were dishonou rable as they they claimed the soul to the desires desires of other men, to the thirst for gain. According to the Hebrew, man was obliged to obliged to work, and it was his duty duty to expiate the original sin through work. Later Heb rew considered it preferableto preferable to do manual work to idle contemplation. Early Christianity following Jewish tradition considered work as punishment but held that work was necessary to earn one's livelihood. Further, work was recognized as a means to charity and necessary to acquire wealth. The Yojna Yojna of this age is "body labour" in the service of others. The tragedy of contemporary Indian society was the tendency to decry de cry manual work and legitimize it through the institution of caste. Therefore Gandhi tried to obliterate the distinction between physic8i-and intellectual work. He went to the extent of saying "work is worship".

The scientific socialists-Marx Engles etc. believe that scientific and technological advancement makes it possible to make work pleasant and acceptable to humans. With the establishment of socialist society the

36

worker is expected to become more and more altruistic. The end of private initiative and profiteering will make it possible for the worker to receive a wage equal to the value he creates, except for a small deduction by the state, state, a tax to pay for the required general expenses of society society.. Thus work will be seen as the normal human way of living. The model man is the worker, the primary producer and not the Wiseman or the ascetic. Work and Leisure

Whatever the attitude to work and wealth, human beings do not and can not work all the time; work necessitates relaxation, rest and leisure. And, irrespective of their level of development, leisure is found in all societies. The concept of leisure, as we understand it today, did not exist in tribal societies. But we do find play and work are closely interlinked in these societies. All the activities such as social, economic, religious and cultural events are inextricably intertwined in tribal societies as are witnessed on occasions such as hunting, fishing, sports, dances and festivals. This invariably meant the absence of specializationorganization in tribal societies, catering to the recreational and entertaining needs.

S U K M A K

With the emergence emergence of peasant societies, i.e. settled agriculture, division of labour and and consequent differentiation differentiatio n based on work and wealth became sharper. According to Thorstein Veblen, Veblen, the emergence emergence of leisure class coincides with the beginning of ownership and possession of wealth; inequalities inequalities based on wealth found expression found expression in leisure pursuits; those who had enough wealth could go in for learning and appreciations of arts, music, dance, feasts, and festivities. This led to the emergence of occupational appreciations categories such such as those who enjoyed leisure but did not work, those who 'worked' to entertai e ntertain n the wealthy and those who who worked to support the wealthy and their leisure pursuits.

The growth of urbanization and industrialization brought about remarkable changes in the life styles of people. With Withthe the emergence of socialist and welfare societies and the introduction of shorter working working means, the need to organize leisure activities became imperative. The development of mass mass media and communication communicati on such as movies, radio and television may thus be viewed as a response to the to the massive demand by workers workers in industrial societies who craved for organized leisure during specified specifie d hours. It is truism that leisure leisure as it exists and is organized today, is the product of industrial society. society. Industr ialization ialization has created not only only the spare time but in efficient societies it has endowed the worker with surplus surplus income for discretionary spending. discretionary spending. Further, it has also ushered in a new rhythm of life in which specific specific steps are devoted to work, work, to social obligations and to entertainments. Thus leisure and work are to be seen as two sides of the same coin although the manner in which they which they operate varies between between societies. Reference Books Upen Up endr draa Ba Baks kshi hi Krishna Ayyer T.K. Omman

: : :

The Cr The Cris ises es of th thee In Indi dian an Le Lega gall sy syst stem em La Law w & Pe Peop ople le Law & People Sociology

DIVISION OF LABOUR

The production system of every society has differentiation and specialization in some form or other. Individual's interest, intelligence and capacity differ. Physical environment and the individual's interests also determine his activities. The individual's capacity, capacity, aptitude and the demand of the environment create the division of labour. Dukheim wrote a book "Division of Labour in So ciety" in which he stated different

37

factors which are responsible for division of labour (1) increase in population, human needs and its complaxity also require specialization and differentiation. In the complicated system of production, one individual cannot do all the necessary jobs. This too is a reason for the division of labour. In the primitive and tribal societies, activities are gradually divided on the basis of sex and age. In the tribal societies, men generally did hard jobs while women looke d after the children, cooked, fetched water a nd so on. In this type of system almost every adult knew something about almost all trades. He knew about the tools of agriculture, and social customs. This type of society is mechanical solidarity according to Emile Deukhem, second type of society according to him is organized solidarity where the system of production emphasizes role and the specialization of activities. In this system the division of labour is based on merit, skill, training education and the individual's aptitude. The labour market also contributes according to the needs in the process of the division of labor. This process has created modern trades and occupations. Durkhiem has also tried to explain the mutual relationship of division of labour, social solidarity and the system of law. Law is of two types (1) repressive law (2) Recitative law, mechanical solidarity has repressive laws while in organized o rganized solidarity, solidarity, we find recitative laws.

S U K M A K

Modern Occupations The division of labour of the modern mod ern industrial system and its system of stratification are closely closely related to the modern occupations. The economic role of the occupations is very important in society. society. Some occupations do not play the economic role in the general sense such occupations mainly include include the role of the priests of various various religions. According to Harry M. Johnson modern occupations have the the following characteristics:characteristic s:1. 2.

Modern Mode rn occupations tend towards high specialization and skill.

Getting into the modern occupation is the result of the individual's 'achievement'. Theoretically Getting Theoretically,, all occupations occupatio ns are open and can be of body and soul. Early Christians were spiritual and ther efore to them the need to to improve this world in its material aspect a spect was irrelevant. However, in course of time time a worldly orientation orientatio n developed among them.

Thomas Acquinas Acquinas drew up a hierarchy of occupations and professions - from top to bottom (1) (1) Agriculture (2) Handicraf t (3) Commerce (4) Money lending.

Work emerge eme rged d as a national right and duty and came to be viewed as the foundation from which which would arise profit and ow ownership nership of property property.. With the emergence emergence of Christian socialism, labourwas declared the foundation of a ll human pr ogress. Work came to be perceived as duty imposed both by divine and human laws. Martin Luther avered that all who can, should work, and idleness, begging and lending money mone y for interest are unnatural. Further, charity, charity, given only to those who are incapable of work for maintenance and not for profit, came to be advocated as a universal obligation. Accordingly, Accordingly, it was advocated that each man is given a vocation by God and should serve it. To To change from the one on e vocation to another and to rise in occupational hierarchy are against aga inst the will of God. God assigns a place to every one. He who serves God best is one who sticks to the assigneel-status and role. So long as work is done in a spirit of obedience to God and love for ones neighbours every type of labour has equal spiritual dignity. dignity.

In Hindu mythology not only Saraswati the Godess of learning, but Lak shmi, the Goddess of wealth is also worshipped along with others. According to Chaturvane system, production and distribution of wealth is the legitimate and accredited activity of Vaishya, the third of the vana. The pursuit of wealth is a goal to be pursued by a Hindu alongwith Dharma and Moksha. According to the Ashram system system which divided and

38

allocated population based on age, sex, the grihastha or householder is expected from the artisan. The Hindu protestant sects such as Jain and Lingayats have invariably fostered the value of accumulation of wealth. In modern times, Mahatma Gandhi had tirelessly emphasized the value of work and dignity of manual work. He laid tremendous importance on bread labour and insisted that everybody irrespective of his! her station and status should do a limited amount of bread labour everybody. He also advocated that work should be viewed as work without expectation of a reward. According to the Gita, Gandhi maintained' - Do your allotted work but renounce its fruits, be detached in work". Reinterpreting Gita's eternal message Gandhi said Yojna (Yogya) or sacrifice means worship. Mankind lived by sacrifice and all ages have their appropriate Yojnas. Yojnas. There is Yojna Yojna of any occupation provided the doer has h as the required aptitude, capacity and ability. It is generally believed to be based on open stratification and achievement. 3) In orderto playa role in the modern occupation a formal contact is required and an appointment letter is given. A regular salary is paid in lieu of the work done. But in some occupations occupa tions such as the doctor's, lawyer's lawye r's and engineer's, consultation fee is given g iven instead of salary.

S U K M A K 4) Specialization of occupation also means that the place of work and residence are not the same.

5) In the lives of lives of the people engaged in modern occupations, occupa tions, a clear line is drawn between private time and working hours.

6) There is a keen a keen competition in the modern occupations. The competition is all the more keen more keen in the occupations where there is a provision for promotion through ranks. With promotion are associated associated higher salary, prestige, prestige, facilities and rights.

Individualization, education, training and skill have gradually changed occupations into professions. Individualization, professions. These professions include the roles of the doctor, lawyer, engineer, nurse, teacher and so on. These pr ofessions are characterized by characterized by internal autonomy, special training, relationship between the professional and and the client, consultation fee instead of salary, and the requisite certificate or degree to enter these profession professions. s. The occupations occupations and professions associated with the modern economy have also influenced influenced the nature, structure and function and function of the family. The dynamic and competitive nature of the modern professions professions has changed the structure of the family and it has become nuclear. The distinct division between between private and official activities activities and the philosophy of rise in the standard of living have changed, to a great great extent, the traditional roles roles of men and women. Reference Books 1. 2. 3. 4. 5.

Emile Durkhim Harry M. Johnson C.N. Shankar Rao Vidya Bhushan Sachdeva Raymond Aron

: : : : :

Division of labour A Systematic Sociology An Introduction to Sociology An Introduction to Sociology Social Thinkers

JAJMANI SYSTEM

The Jajmani system is an expression of the independence of different castes. It is also considered as an arrangement of different catse groups for exchanging g oods and services based on religious consideration.

39

In almost all the villages of India, the caste system pre-dominates; linked with the caste system is the Jajmani system. Caste system in the village is based on economic needs and structure of the society. In villages, people of a particular caste take one profession. Members of the other o ther caste are not allowed to take the profession of a particular caste. In a village the carpenter does wood work, the blacksmith does the things pertaining to the iron implements of the people of the village. The washerman washes clothes, the barber shaves them. These belong to different castes and carryout these provisions on the basis of the age old' customs. There are certain classes or castes who are entitled to these services. Those who serve are known as "Praja" or "Kami" while those who get these services are known as Jajman. Oscar Lewis has defined it in the following words. Under this system each caste group within a village is accepted to give certain standardized services to the families of other castes e.g. a Khati (carpenter) repairs tools and a Nai (Barber) cuts hair but they do not necessarily perform these services for every one and each man works for a particular p articular family or a group of families with which he has hereditary ties.

S U K M A K

The term of Kami or Praja P raja is used in different places. Although the term Kami is not a very respectable term, it does not mean that the people who do all these things are less respectable. It is the economic condition that has changed their status. Oscar Lewis has made an elaborate study of the Jajmani system in in India. The studies that were were carried out in different states and provinces reveal that this institution was to to be found in various states states of the country. This system was established as a result of provisional relationship relationship between various castes. castes. It was the division of labour amongst castes which had been sanctioned by religions and social tradltions tradltions and customs. This institution institution is to be found in India only because the division of the profession and occupation occupation is hereditary only. only. There has been no division from the hereditary professions and this Jajmani Jajmani system has continued in this this country for all these years. It has now become an accepted part of the social life. life.

Etymologica l Meaning of Jajmani Etymological The word "ja jmani" has been derived from the term "jajman" which has been taken from theSanskrit theSanskrit term "yajman". According According to Sanskrit terminology, 'yajman' means a person who performs a yojna yojna or hires the services of a Brahamin to do it. With the passage of time this term came to be applied to everyone everyone who hired services of persons persons who were prepared to offer those services. That was why a farmer who who engaged a carpenter or a blacksmith a blacksmith who offered the services was kno wn as praja or kami. The relationship relationship between between the praja or praja prajana na or kami and the yajona was based on heredity and tradition. The jajman is expected expected to secure a variety of services services by various categories of praja or kami and reward their services by making payments. Horton & Hunt Hunt - A Social movement isa collective effort to promote or resist change.

Rudolf Herberle - A social movement is a collective effort to transform established relations within a particular society society.. 1. Change in occupation

2. Payment in f6rm of cash

3. Change in economic condition

Reference Books Dr.. Ram Ahuja Dr Dr. C.N.Shank nkaar Rao Vid idhy hyaa Bh Bhus usha han n Sa Sach chde deva va

: : :

Indian Social System An Introd odu uction to Soc ociiol olo ogy An Int ntrrod oduc ucti tion on to So Soci ciol olog ogy y

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LEGAL PROFESSION IN INDIA I NDIA An Introduction The Legal Profession is an important limb of the machinery for administration ad ministration of Justice. Without Without a wellorganized profession of law, the courts would not be in a position to administer justice effectively as the evidence in favour or against the parties to a suit cannot be properly marshaled, facts cannot be properly articulated and the best legal arguments in support or against the case of the parties cannot be put forth before the court. "A well-organized system of judicial administration postulates a properly equipped and efficient Bar." It is, therefore, in the fitness of things to take note briefly of the development of the legal profession in India. Mayor Courts In the Charter of 1726, which established the Mayor's Courts at the three Presidency Towns, no specific provision was made laying down any particular qualifications for the persons who would be entitled to act or plead as legal legal practitioners in these courts. Presumably, Presumably, it was left to these courts to regulate this matter by rules of practice practice which these courts were authorized to frame. No change was effected in this position position when a fresh Charter was was issued in 1753. As has already been pointed out earlier, no organized legal legal profession came into being being in the Presidency Towns during the period of the Mayor's Courts. Those who practiced who practiced law law were devoid of any legal training or any knowledge of law. They had adopted the profession in in the absence of any thing better better to do. Quite a few of these so-called lawyers were the dismissed servants of the the Company Compan y.

S U K M A K

Supreme Courts Courts The first concrete concrete step in the direction of organizing a legal profession in India was taken in 1774 1774 when the Supreme Court Court was established at Calcutta. The Regulating Act, 1773, empowered the Supr eme Court to frame rules of of procedure as it was thought necessary nec essary for the administration of justice and due execution execution of its powers. The Supreme Court to approve, admit and enroll such and a nd so many Advocates and Attorneys-at-law, as to the cour t "shall seem meet". "Attorneys of Record" were to be authorized "to appear and plead, plead, and act for the suitor s" s" in the Supreme Court. Thus, the persons entitled to practice before the Supreme Court Supreme Court could be Advocates Advocates and and Attorneys. The Indian Bar B ar Councils Act, 1926

The Indian Bar Bar Councils Act, 1926 was passed to provide for the constitution and incorporation incorporation of Bar Councils for certain Courts in British India. The purpose of the Act thus was to unify the vari various ous grades of legal practitioners. practitioners. The Act could be applied to such other High Court as the 'Governor-gener al in Council may, by notification in the Official Gazette declare to be High Court, to which Act applied. There was to be a Bar Council for each High Court. The Act also achieved some unification of the Bar by eliminating the two grades of practitioners, the Vakils and the Pleaders by merging them in the class of Advocates who were "entitled as of right to practice" in the High Court in which they were enrolled and in any other Court in British India, subject to some exceptions. The Attorneys of the High Court, however, were not to be entered in this roll. The High Court was to prepare and maintain a roll of Advocates of the High Court. The certificates of enrolment to persons who were admitted as Advocates were to be issued by the Bar Council. A High Court was authorized to reprimand, suspend or remove from practice any advocate of the High Court whom it found guilty of professional or othe r misconduct.

The Act of 1926 was an improvement on the pre-existing position in so far as it went wen t but its provisions, vere not entirely satisfactory and the Indian legal profession was not fully satisfied with what had tleen achieved by it. The Act failed to satisfy the aspirations of the profession. The Bar Councils were ;liven unreal and

41

ineffective powers; they were controlled closely by the High Courts, the real powers being vested in the High Courts. The powers to enroll Advocates continued to remain in the High Courts and the function of the Bar Councils was merely advisory. The Legal Practitioners Act, 1879, remained intact and unlamented. The Act left the Pleaders, Mukhtars, etc., practicing in the mofussil courts out of the scope of the Act and the Act did not bring about a Unified Bar. The Provincial Bar Council had no control over the practitioners who were not Advocates. The control and enrolment of such legal practitioners was left to the High Courts under the Act of 1879. Finally, the right of the Advocates of one High Court to practice in another High Court was not n ot unfettered but was expressly made subject to the rules made by the High Court or the Bar Council. This limitation was regarded as unsatisfactory, for on several occasions very eminent Advocates of one High Court were refused permission to appear and plead in another High Court. All India Bar Committee, 1951

The Indian Bar Councils Act had left the Pleaders, Mukhtars etc., practicing in the mofussil courts entirely out of its scope and did not no t bring about a unified Indian Bar. The Indian legal profession was not satisfied with what had been achieved achieve d by the Act of 1926. With With the establishment of the Supreme Court of India in 1950 under the new Constitution, a new stimulus was given to the demand for a unified all-India Bar. The demand for a unified all-India Bar at its inception came mainly, if not wholly, as a protest protest against the monopoly of the the British Barristers on the Original Sides of Calcutta and Bombay High Courts Courts and the invidious distinctions distinctions maintained between the Barristers and nonBarristers. The sense of unity fondly fostered amongst amongst the members of the legal fraternity in India received add ed stimulus by the political political unity of India brought brought about by the newly won independence a nd the establishment of the Supreme Court of India.

S U K M A K

The Committee Committee reported in 1953 and recommended the creation of a unified National Bar. The Committee recommended recommende d that all grades of legal practitioners be abolished and that one integrated and autonomous autonomous allIndia Bar be formed. There should be a common roll of Advocates who would be entitled to practice practice in all courts in the the country. The Committee accordingly suggested compilation and maintenance maintenance of one comprehensive comprehensi ve common roll of Advocates. The establishment establishment of a unified All-India Bar necessarily would require the prescription of a a minimum qualification to be possessed by the Advocates. The Committee suggested that the unifor m minimum qualification qualification for qualification for admission to the roll of Advocates should be a law deg ree from a University o btained after after at least a two year study of law after graduation.

The Committee Committee was not in favour of abolition of the dual system (Advocates and Attorneys) Attorneys) wherever it prevailed in the High Courts as it involved a division of labour and had a number of advantages advantages and did not militate against against the ideal of an All-India Bar. The dual system ensured better preparation p reparation of the case. case. - The Committee also recommended the creation of an All-India Bar Council and State Bar Council. Under the India Bar Councils Act, 1926, the Bar Councils were merely advisory bodies and the power of admission, suspension and removal from the roll of advocates was entirely vested in the respective High Courts. Law Commission Report, 1958

The recommendations of the Bar Committee were not acted upon for long. Then India came to have a Law Commission. The Law Commission made its famous fourteenth report in 1958 in which, among other things, it again recommended establishment of a unified All India Bar, preparation of a common roll of Advocates with right to practice in all the courts. The Bar still remain divided into different grades of

42

practitioners and even practitioners of the lowest grade, namely, namely, Mukhtars, are still still being recruited in some some of the States. The Commission also endorsed the Bar Committee's view that the insistence on a certain number of years' practice in a High Court as a condition of eligibility for enrolment as an Advocate of the Supreme Court should be abolished and that an Advocate should be left free to practice in any court including the Supreme Court irrespective of his standing at the Bar Bar.. The Commission also agreed with the Bar Committee Co mmittee that no case had been made out for the abolition of the dual system (Advocates and Attorneys) prevailing on the Original Side in the Calcutta or the Bombay High Court. The Commission emphasized the principle of autonomy of the Bar on which the Bar Committee of 1951 had laid stress. Therefore, the Bar Councils ought to be entirely autonomous bodies consisting wholly of all members of the profession.

S U K M A K The Advocates Act, 1961

In 1961, Par liament liament enacted the Advocates Act to amend and consolidate the law relating relating to legal practitioners, and practitioners, and to provide for the constitution of State Bar Councils and an All-India Bar Bar Council. It repeals the Indian Indian Bar Councils Act, 1926, the Legal Practitioners Act, 1879, and other laws on on the subject. The Act esta blishes an All-India Bar Council for the first time. The Attorney-General of India and the Solicitor-General Solicitor-Ge neral of India are the ex-officio members of the Bar Council of India. Besides, Beside s, it has one member elected elected by each State Bar Council from among its members. The Council elects its own own Chairman and Vice-Chairman. Vice-Chairman. The Act creates a State Bar Council in each State. It is an autonomous autonomous body. The Advocate-General Advocate-Ge neral of the State is its ex-officio member, and there are 15 to 25 elected Advocates. Advocates. These members are are to be elected for a period of five years in accordance with the system of proportional representation representatio n by means of single transferable vote from amongst Advocates on the Roll of the State Bar Council. The Bar The Bar Council of India regulates the content, syllabi, duration of the law degree. de gree. Subject Subject to the provisions made by the Bar Council, each University can lay down its own provisions and and regulations concerning the the law degree. To perform its functions regarding legal education it is assisted assisted by a Legal Education Committee. Committee. The finances of the Bar Councils Coun cils are essentially met out of the enrolme enrolment nt fees of the Advocates. Twenty Twenty per cent of the fees realized are paid by each State Bar Council to the Bar Bar Council of India. Besides, Besides, the Bar Councils may receive donations and grants. The qualifications for admission admission as an Advocate are: are: Citizenship of India, 21 years of age, and LL.B. Degree from an Indian University. University. A foreign national can also be enrolled on the basis of reciprocity if an Indian Citizen is permitted to pr actice in that country. Foreign Foreign Law Degrees can also be recognized by the Bar Council of India for the purpose. the purpose. The privilege of enrolment enrolment as an Advocate has also a lso been extended to the earlier Vakils, Vakils, Pleaders and and Mukhtars and to some others under specified conditions. The Act recognizes only one single class of practitioners, namely,, Advocates. An Advocate on the State roll is entitled to practice as of right before any tribunal, or namely authority in India, or any court including the Supreme Court. A High court may make rules laying down the conditions subject to which an Advocate shall be :Jermitted to practice in the High Court and the subordinate courts. Under Section 49 (1) (ah), the Bar Council of India can make rules prescribing the conditions subject to which an Advocate shall have :he right to practice. Advocates have been classified into Senior Advocates and other Advocates. An Advocate may, with his consent, be designated as a Senior Advocate if the Supreme Court or a High Co urt is of opinion :hat by virtue of his ability, ability, experience and standing at the Bar he is deserving of such distinction. d istinction. Senior Advocates are, in the matter of their practice, subject to such restrictions as the Bar Council of india may, in the interests of the legal profession prescribe.

43

Originally, the Act had saved the dual system, i.e. Advocates and Attorneys, prevailing in the Bombay and Originally, Calcutta High Courts, on their Original provisions, were deleted with effect from 1st January, 1977. The result is that, as a matter of law, Attorneys, are no longer long er recognized as a separate class of lawyers. However, since the system prevailed for a long period in the two towns, it continues there still as a matter of p ractice. Thus, admission, practice ethics, privileges, regulations, discipline and improvement of the profession are now all in the hands hand s of the profession itself. The legal profession has achieved its long cherished object of having a unified Bar on o n an All-India basis. Supreme Court Bar

The rules of the Federal Court laid down that "a person shall not be entitled to be enrolled as an Advocate unless he is, and has been for not less than ten years in the case of a Senior Advocate, or five years in the case of any other Advocate, enrolled as an Advocate in the High Court of a Province". Under those rules it was not necessary that such an Advocate should hold a degree in law of a University University..

S U K M A K

When the Supreme Court was established on the 26th January January,, 1950, while the condition often years' prior practice in th thee High Court was maintained in case of Senior Advocates, that for other Advocates Advocates it it was raised from 5 to 7 years. years. In addition, another condition cond ition was laid down that such Advocates must hold either either a degree in law of an Indian Indian University or be a member of the English Bar. Under the Su preme Court Advocates (Practice in High Courts) Acts, 1951, every Advocate of the Supreme Court was declared declared entitled as of right to practice in any High Court, whether or not he was an Advocate an Advocate of that High Court. Court. The Act was enacted as a step towards unification of the Bar in India. The Su preme Court rules in Ashwini Ashwini Kumar v. Arabinda Arabinda Bose by majority that a Supreme Court Advocate could both both plead and act on the Or iginal iginal Side of the Calcutta and an d Bombay High Courts. The Court said: "Acco rdin rdingly gly,, when the Legislature confers confers upon an Advocate the right to practice in a Court, it is legitimate to understand understand that expression as authorizing as authorizing him to appear and plead as well as to act on behalf of suitors in that Court." Court." Any Advocate Advocate enrolled with a State Bar Council is now entitled to practice in the Supreme Cour t irrespective of his standing standing at the Bar. In the Supreme Supreme Court there exist three categories catego ries of advocates Senior Advocates, Advocates and and Advocates on record. A Senior Advocate Advocate is one who with his consent may be designated as such if the Supreme Court Court is of the opinion that by that by virtue of ability, ability, experience and standing at the bar he is deserving of such distinction. distinction. An Advocate can become an a n Advocate on record after undergoing one year training with an Advocate on record and passing an examination held by the Court. He has to have an office in Delhi within a radius of 16 kilometers of the Court House and has to employ a registered clerk.

An Advocate on record corresponds to a Solicitor in Calcu tta or Bombay and has the right both to act and a nd plead. Senior and other Advocates have only the right to plead but not to act. A Senior Advocate cannot appear before the Supreme Court Co urt without an Advocate on record or without a junior in a ny other court or tribunal in India. An Advocate (other than a Senior Advocate) cannot appear and plead before the Court in any matter unless he is instructed by an Advocate on record. Thus, a sort of dual system exists in the Supreme Court. There is no separate Bar Council for the Supreme Court. The reason is that every Advocate practicing in the Supreme Court is already a member of one of the State Bar Councils and subject to its discipline. According

44

to the Law Commission: "The Advocates ordinarily practicing before the Supreme Court will have the opportunity of exercising their franchise as members of the profession in regard to the Bar Counc il of the State to which they belong." b elong." They would also have representation in the All-India Bar Council. Under Art. 145 (10 (a), the Supreme Court has power to make rules as to the persons practicing before it subject to any law made by Parliament and with the approval of the President. Reference Books M.P. Jai ain n

:

An out utlline of Legal History in India

S U K M A K 45

UNIT – IV SOCIAL CHANGE Meaning of Social Change - Social change is the change in society. Society is a web of social relationships. Hence social change is a change in social relationships. Maciver and Page, writing in this context, have observed correctly, "It is the change in these which alone we shall regard as social change". change ". What are social relationships? Social relationships include social processes and social interactions. These include the mutual activities and relations of the various parts of society. In the words of Jones, "Social change is a term used to describe variations or modifications of any aspect of social processes, social patterns, social interactions, or social organisations." Thus social change is a change in the social organisation. It is in this sense that Davis has written that "Social change can De observed in every society". Describing social change in detail, detail, Merrill and Eldredge have said, ·Social change means that large number of of persons are engaging in activities activities that differ from those which they or their immediate forefathers engaged in engaged in some time before. Society Society is composed of a 'last complex network of patterned hu man relationships in which which all men participate. When human behaviour is in the process of modification, this is only another wa y of indicating that social change change is occurring," Human society is constituted of human beings. Thus whatever whatever apparent alteration in the mutual behaviour between individuals takes place is a sign of social change. change. This fact of social change change can be verified by glancing at the history of any society. Man is a dynamic being. being. Hence society can never never remain static. It undergoes constant variation.

S U K M A K Recommended Recommend ed Books 1. 2. 3. 4. 5. 6. 7. 8. 9.

C. N. Shanker Rao Vidya Bhusha han n Sa Sacchdev evaa Hutton Hutto n G. S. Ghurey Herbert Herb ert Risley Mayani Maya ni T. K. Oomen D. N. Majumdar N. K. Dutta

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SANSKRITIZATION

The term Sanskritization was used first by M.N. Srinivas to describe the cultural c ultural mobility in the traditional social structure in India. Sanskritization is the process of cultural and social mobility mob ility during the periods of relative closure of the Hindu social system. Prof. M.N. Srinivas "Sanskritization is the process by which a low Hindu caster or tribal or other group changes its customs, rituals, ideology and way of life in the direction of a h igh and frequently "twice born" caste. Gradually such changes are followed by a claim to higher position in the caste hierarchy than that traditionally conceded to the claimant caste by the local community".

46

One of the features of sanskritization is that it moves in the upward direction whereby a low born demands a change and claims higher position. The claim is usually made over a period time and in fact in some cases it takes a generation before actually the claim is accepted by the society or community. Mobility of sanskritization results only in positional and not in structural changes. Caste moves up, above its neighbours and another comes down, but all this takes place in an essentially stable hierarchical order. The system itself does not change. Two correlations of Sankritization M.N. Srinivas explains the processes of social change in India through the concepts of sankritization. Srinivas defines it as the process by which a "low caste or tribe or o r other group takes over the customs, rituals, beliefs, ideology and style of life of a high and in particular, a twice born castes. Prof. Yogendra Singh states that sanskritization has two correlations (a) historical (b) contextual. In the former, Sanskritization has been a process of social mobility throughout the history of Indian society society.. In the latter, it is a process of change in a relative sense. Sanskritization is a part of the process of social mobility. Sanskritization means not only the adoption of new customs and habits, but also exposure to new ideas and values which have which have found frequent expressions in the vast body of sanskritization, sacred as well well as secular secular.. Karma, Dhar ma, ma, Paap, Punya, Maya, Sansara and Moksha are examples of some of the most most common sanskrit and logical logical ideas. These ideas reach the common people through sanskrit myths and stories. stories.

S U K M A K

Sanskritization is the process of cultural and social mobility during periods of relative closure of Sanskritization closure of the Hindu social system. system. It is an endogenous source of social change, from a socio-psychological socio-psychological point. Sanskritization Sanskritizati on is a culturally specific case of the universal motivation toward 'anticipatory socialization' socialization' to the culture of higher higher group in the hope of gaining its status in future. The specific sense of Sanskritization Sanskritization lies in the historicity historicity of its meaning based on the Hindu tradition. In this respect, sanskritization sanskritization is a unique historical expression expression of the general process of culturation cu lturation as a means of vertical mobility of grou ps. The following following points made by Srinivas in respect of sanskritization are "to be taken note of:i)

Sansk ritization ritization is generally accompanied by and afterwards result in, upward mobility for mobility for the caste in question, question, but mobility may also occur without sanskritization and vice versa.

ii)

The mobility mobility associated with sanskritization results only in positional changes in the system, system, it does not lead lead to any structural change. That is, a caste moves up above its neighbours, and another comes down but down but all this takes place in an essentially stable hierarchical order. The system itself itself does not change. chang e.

iii)

Sanskritization is not confined to Hindu castes but a lso occurs among tribal and semi tribal groups such as the Bhils of western India, the Gonds and Branons of central India, and the Pahadis of Himalayans. It usually results in the tribe under-going sanskritization claiming to be a caste and therefore, Hindu in the traditional system. The only way to become a Hindu was to belong to a caste c aste and the unit of mobility mob ility was usually a group, not an individual or a family.

iv)

Sanskritization can also occur independently indepe ndently of the acquisition of political p olitical and economic power. In such a case, however, howeve r, it will not help the particular caste to move up. On the contrary, it may result in that caste becoming unpopular with its neighbours.

v)

Dominant castes have played on important role in either advancing or retarding sanskritization

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"Dominant casters not only set the model for the majority of the people living in rural areas, but also mediated between the different models of sanskritization. The concept of the dominant caste is in some ways the concept of sanskritization. There is, however, one major theoretical implication in the meaning of sanskritization as an ideological borrowing of process. It broadens the connotation of the term "Sanskritic" to include both sacred and secular status symbols of the higher caste as imitated by lower caste. Difference Between Sanskritization and Brahamanization

It is clear from the above definition that sanskritization refers to mobility inside the caste system. In the process of Sanskritization, lower castes adopts the Brahaminic way of life. But we call it sanskritization. Prof. Srinivas has given the following reasons for such preferences -

S U K M A K

1. Although Brahamanization and sanskritization are at variance with each other, othe r, Brahaminazation is

assumed in the wider process of sanskritization.

2. Seco Secondly, ndly, the agents of sanskritization were not always Brahmins. The twice born born castes were

prohi bited bited from adopting the customs customs and rites rites of Brahamins and Brahamins Brahamins group was responsible for this this prohibition.

Since 19th century, century, westernization is being reflected amongst higher castes. The higher castes castes having a literary tradition tradition found themselves in a favourable position for obtaining the new knowledge. They They adopted some of the customs customs and values of western society. This brought about a number of changes in their their life style. Firstly, there is there is a change in appearance and dress. Such a change marks a gradual weakening weakening of ideas regarding ritual ritual purity. Further, higher castes were reluctant to take up a new occupation. occupation. But due to economic de pression they have now adopted all occupations which previously were prohibited prohibited to to them. Thus there has has been general secularization in the caste system. According to Prof. Srinivas "one "one of the many interesting contradictions contradictions of modern Hindu social life is that while the Bhrahmins are becomi becoming ng more and more sanskritized, sanskritized, in the lower reaches of the hierarchy hierarchy,, castes are taking up customs which the the Brahamins are busy discarding. discarding. Factors of Sanskritization Sa nskritization Political cal 1. Politi 2. Econ Economic omic 3. Social and 4. Technological 1.

Political- During British rule, a new system of justice was introduced in which members of all castes were considered equal before law. This helped the low castes to push themselves up in the caste system. The British government also gave a preference to the low castes on humanitarian grounds which gave a wedge between higher and lower castes.

2.

Economical - Secondly, the economic revolution which the British rule began with new technology, has now carried the country towards individualization. As a result of it better economy has been replaced by monetary economy in which there is no discrimination of birth and caste.

3.

Social- There has been general secularization in the ca ste system. The higher and educated people

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are adopting western mode of living while the lower castes are adopting ado pting sanskritized living and customs. 4.

Technological - Further, industrialization has provided opportunities of making money to all castes. Restrictions regarding the selection of occupation has been abolished. Hence the lower caste having their economic betterment stake acclaim for higher status. They have adopted the customs of higher castes.

Process of Sanskritization Sanskritization means not only the adoption of new customs and habits but also expo sure of new ideas and values which have found frequent expression in the vast body of Sanskrit literature, sacred as well secular, Karmas, Dharma, Papa, Maya, Santosh, Moksha are examples of some of the most common Sanskrit theological ideas and when people become b ecome sanskritlized, these words become frequent in their tasks. These ideas reach the common people through sanskritic myths and stories.

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Prof. M.N. Srinivas made ethnographical study of Coorg region and gave this new term to the field of sociology.. Sanskritization does not mean merely adaption to new customs and traditions but also expression sociology of those new values new values and ideals that are found in theological and secular literature. Sanskritization Sanskritization involves rising high or going going up.

Sanskritization in the Indian Rural Society - Rural society has peop le of different castes living Sanskritization living in it. There people of dif ferent ferent castes have a culture which is different form one another. Values Values and the norms of the members of the higher castes are different from the members of the lower castes. As As a result of modernization, modernizatio n, education, industrialization and urbanization, people are also adopting ideas ideas and new values. This is is the process of sanskritization. Apart from it this process involves the following things things as well 1) Adoption of the ways of life of the higher class: In the p ast the members of lower caste were exploited were exploited by the members of members of the upper caste. They were also deprived of the participation in the way of life of the members of the the upper class. Now because of modernization, the membe rs of the upper caste are leaving are leaving their ways, ideas, customs etc. They are now being adopted by the members of the lower caste. The The underlying feeling in adoption adoption is of "grooming" or "becoming higher". The term "Brahamnization has a lso been used for it, but Prof. Prof. Srinivas thinks that this is a more appropriate term. It is in fact a process of going up going up culturally of a particular particular caste or a group.

maximum during Education and a nd Sanskritization - The process of sanskritization was accelerated to the maximum the British rule. rule. During this period expansion of education took place very rapidly. New values, fraternity, scientific approaches, approaches, morals developed in the society. After independence this process has become become more faster and people are adopting ado pting new values, culture and ideology.

No specific economic status is required - According to M.N. Srinivas, no specific economic standard is required. The result of Sanskritization is that there is improvement in the economic status. It always has a healthy effect. As As a result of sanskrtization, the internal weakness of a group shall be made up. For example, in spite of sanskritization, a group that is termed as untouchables should not be able to do away with the weakness of untouchability. But as a result of sanskritization various improved structural changes take place. Sanskritization is not one way process - Sanskritization does not mean one way process or one way development. All the groups come in touch with one another as a result of sanskritization an£!. gain something. Bur normally members of the upper caste gain less as compared to the members of the lower caste. Normally, members of the lower castes, as a result of sanskritization, acquire the quality and

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characteristics of the members of the upper caste. Because of these factors they come nearer to one another an other.. From the point of view of o f the social regulation, laws etc. it is not permissible for the members of the lower caste to assume and adopt the values and the ways of the members of upper caste. As a result of Sanskritization, the members of the lower caste adopt these values and get them. Process of Sanskritization is not Universal- The process of sanskritization is neither universal nor it is such which yields uniform results. This is not active at all the places. This view was expressed by Prof. Srinivas and Dr. D. N. Majumdar that as a result of sanskritization horizontal mobilization or improvement is more to be seen than vertical mobility. mobility. In a particular caste itself there are various sub-castes and they have different standards. As a result of sanskritization, they go up. But for the others, all the members of the caste are more or less same. Urbanization - Acc. To Gist and Albert' Like the origin of civilization itself, the origin of city is lost in obscurity of the past." With the growth of human intelligence, the physical civilization also grew, with which the community feeling developed. But this feeling grew of less speed in the past in comparison to modern times.

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David - " The The development of this community feeling of man is not the natural development development but of the culture".

According to to Anderson - The domination over central place and city is the first step of develo pment. In the second step one one community of men keeps kee ps link with community. In was in relation, to these outer outer contacts that communities communities evolved faster than others and some achieved domination over the others o thers thr ough trade or by force or both. In these places of dominance, where people were doing new kinds of work and encountering new encountering new needs, the process of change moved faster, they grew in size and diversity diversity of action, activity and they they became holders of power. These dominating places became urban. Factors Responsible Res ponsible for the growth of cities 1. Surpl Surplus us response- Cities grow whenever a society, or a group with-in it, gains control control resources greater great er than are necessary for the mere sustenance of life. 2. Indus Industrialization trialization and commercialization. 3. Deve Development lopment of transport and communication. 4. Econ Economic omic Pull of the city. 5. Educ Educational ational and recreational facilities and to understand the events happening in the world world outside.

M.N. Srinivas Srinivas says that it is necessary "to distinguish conceptually between westernization and and two other processes usually usually connected with it. Industrialization and urbanization". He g ives two reasons reasons for this: (1) Urbanization is not a simple function of "industrialization" and there were cities in preindustrial world also. (ii) There are castes of rural people who are more urbanized than urban people". Westernization

The role of "westernization" has been very significant in"011derstanding the socio-cultural changes of modern India. British rule produced radical and lasting changes in the Indian society and culture. The British brought with them, (unlike the previous invaders) new technology, institutions, knowledge beliefs and values. These have become the main source of social mobility for individual as well as group. Definition -According to M.N. Srinivas "Westernization refers to the changes brought about in Indian society and culture as a result of over 150 years of British rule and the term subsumes changes occurring at different levels-technology, institutions, ideology, values (Ref. Social Changes in Modern India by M.N.

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Srinivas. Page 47.) During the 19th century the British slowly laid the foundation of a modern state b y surveying land, settling the revenue, creating a modern bureaucracy, army and police, institution law courts, codifying the law, developing communications- railways, post and telegraph, roads and coasts, establishing schools and colleges and so on" Srinivas. The British brought with them the printing press which led to many sided changes. Books and Journals made possible the transmission of modern as well as tradi~ional knowledge to large number of Indians. News-papers helped the people living in the remote curves of the country to realize their common bonds. Urban life in India At least two trends are clear (1) Dependence upo n agriculture for livelihood has steadily decreased and (2) population of towns and cities has increased over the years. Both the trends indicate indica te an increase in the processes of industrialization and urbanization; towns and cities offer jobs and better amenities, whereas people in villages live a hard life. Due to urbanization traditional bonds based on religion, caste and family have weakened in the villages.

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Anonymity as as found in towns is absent in rural areas. City life creates a personality of its own different different from the one which is which is the product of rural life. Recommend ed Books Recommended 1. C. N. Shanker Rao 2. Vidya Bhusha han n Sa Sacchde dev va 3. Hutto Hutton n 4. G. S. Ghurey 5. Herb Herbert ert Risley 6. Maya Mayani ni 7. T. K. Oomen 8. D. N. Majumdar 9. N. K. Dutta

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Factors of Social So cial Change

What are the factors the factors due to which social relationships undergo constant alterations? Some writers writers regard diffusion to be to be the main factor of social change while some other writers consider invention in invention in a similar capacity. Actually Actually,, both diffusion and invention have a hand in the change which besets social relationship. social relationship. Roughly, the main causes of social change are the following: Weber, is the cultural factor. 1) Cultural Factors - The main cause of social change, in the opinion of Max Weber, According to him, changes in the culture are accompanied by social changes. Max Weber has proved his theory by a comparative study of religious and economic institutions. Actually, Actually, no one can deny that changes and variations in culture inevitably influence social relationships. Dawson and Gettys have written that culture gives speed and direction to social change and determines the limits beyond which there is no distinction between social and cultural c ultural change. Actually the field of social change is limited in comparison with the field of cultural change. Maciver and Page have distinctly indicated that "Social change is, therefore, a distinct thing from cultural or civilizational change ..... " 2) Technological Factors - The technological factors have immense influence on social change. Ogburn writes, "Technology "Technology changes society by changing our environments env ironments to which we, in turn, adapt. ada pt. This change is usually in material environment and the adjustment a djustment we make to the changes change s often modifies customs and

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social institutions." In this way, way, the incessant increase in new machines and methods due to new discoveries has had a very great influence upon social relationships. The form of society is undergoing change as a result of the development in and invention of electric, steam and pe trol-driven machines for production, the means of transport and communication and various mechanical a ppliances in everyday life. Even institutions like family and marriage have not remained immune to the effect of these developments. The apparent effects of technological advance are labour organisation, division of labour, specialization, high speed of life, increase in production, etc. In the modern age, technological factors are among the predominant causes of social change. 3) Biological Factors - Biological factors too have some indirect influence upon social change. Among the biological factors is the qualitative qua litative aspect of the population, po pulation, related to heredity. The qualitative aspect of population is based upon powerful and great men and their birth is dependent to a large extent upon heredity heredity and mutation. Hence, biological factors playa part in social change to that extent. In addition to this the biological principles of natural selection and struggle for survival are constantly producing alterations in society.

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4) Population Factors - Even changes in the quality and size of the population have an effect upon the social organization as well as customs and traditions, institutions, associations, etc. Increase and and decrease of population, a change in the ratio of men and women, young and old, have an effect upon social r elationships. Decrease or increase increase in the population has an immediate effect upon ec onomic institutions andassociations. andassociations. The ratio of men to women in a society has great effect upon marriage, the family and the condition of women in society society.. In the same way the birth and death rates etc. also influence social change. 5) Environment Environment Factors - The geographists have emphasized the impact of geographical environment upon human society Huntington has gone so far as to assert that an alternation in the climate is the the sole cause of the evolution evolution and devolution of civilization and an d cultures. Even if these claims of the geograp geographists hists are to be discarded, it cannot be denied that floods, earthquakes, excessive rain, drought, change of season, season, etc., have significant ef fect fect upon social relationships and these are modified by such natural occurrences.

elements in social 6) Psychological Psychological Factors - Gillinand Gillin regard psychological factors as important elements change. The cause of social changes is the psychology of man himself. Man is by nature a lover lover of change. He is always trying always trying to discover new things in every sphere of his life and is always anxious anxious for novel experiences. As a result of this tendency, the mores, traditions, customs, etc., of every human huma n society are perpetually undergoing change. This does not mean that man always considers the new to be superior superior to the old. While he is he is always attending to what is new and unique he also wants wa nts to preserve what is old. old. The form of social relationships relationships is constantly changing in the process of interaction between these two two tendencies. New customs customs and methods which replace the old traditional customs are being formed. Old traditions traditions are respected but time demands change and adaptation to changing conditions:- Actually Actually change is the law of of life. When changes do not occur at the appropriate time revolutions take place, wars are fought, epidemics spread and changes are violently introduced. 7. Other Factors - In addition to the above mentioned factors another factor of social change is the appearance of new opinions and thoughts. For example, change in the attitudes towards dowry; caste system, female education, etc. have resulted n widespread social variations and modifications. Actually, Actually, a majority of the social revolutions take place as a result of the evolution of new way of thinking. Similarly Similarly,, war is also a cause of social change because it influences the population, the economic situation, ratio of males to females, etc. In the same way social change s are introduced by the advent of great g reat men as Gandhi, Karl Marx, etc.

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Result of social change

The form of each aspect of social life is being continually transformed to the effect of the for mentioned factors which cause social change. New institutions and associations are being formed in all spheres. The form of family, marriage, state, religion, civilization, culture, educational system, econo mic structure and the social structure is always changing and being transformed. As a result, a change occurs in the life of an individual and his relations with others. To take an example, the result of social change can be well understood and realised by studying the history of the o bjectives, structures, forms, importance, functions, etc., of the family from the early ea rly past to the present day. Similarly, Similarly, all the change and difference that can be seen between the tribal society and present day society can be attributed to social change. Weingerg and Shabat have said correctly, correctly, "Social change lies at a t the heart of the modern world." Recommended Books 1. C. N. Shanker Rao 2. Vid idya ya Bh Bhus usha han n Sa Sach chde deva va 3. Hutton 4. G. S. Ghurey 5. Herb Herbert ert Risley 6. Maya Mayani ni 7. T. K. Oomen 8. D. N. Majumdar 9. N. K. Dutta

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S U K M A K Law and Social Social Change

Historically, no universalistic legal system based on the principle of equality existed in ancient ancient India. In ancient India there India there was a close connection between law and an d religion. A rule of law was not dif ferent from a rule or religion. religion. It was maintained that all laws were contained in the Dharmshastras. The legal legal system was primarily bas based ed on the social position of castes and classes. No uniform standards were applied applied in in providing justice to pe people. ople. There was no uniform legal norm at an all-India level. Local customs and regional practices defi defined ned and determined these norms. Another important feature of the ancient legal system system was its orientation towards towards the group. Legal norms applied more to the group as a unit rather than to the the individual. This characteristic characteristic of legal system continued even during the medieval period. It was only during during the British rule that radical transformation took place in the legal and judicial judicial systems of the country. cou ntry. The The British introduced numerous changes in the traditional legal system. The new legal new legal system was based on the on the principle of universalism. The notion of equality before law was recognised and received legal sanction. Law courts were established at different levels. The enactment of the Indian Penal Code and the Codes of Civil and Criminal Procedure produc ed a strong system of judicial administration. This legal system was, however, not confined to criminal justice alone. It even brought domestic and personal life of the people under its purview. Several social legislations came into operation which covered areas like collective bargaining, social security and employment contract. A continuous rationalisation of law was introduced by codification of customary law. It increased the separation of law from religion.

Moreover, some legislation in relation to prevailing conservative and orthodox social practices were also passed during the colonial period which acted towards social reform. Indian society in the nineteenth century was under the grip of inhuman customs and practices. Untouchabilitywas practised throughout the country.. The position of women was most degraded. Child marriage, widowhood and the cruel practice of country sati put women to life-long misery and humiliation. These in-human practices were, howeve r, challenged by social reformers and the British Indian Government responded by enacting several social legislations.

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The practice of sati (widow burning) was declared illegal in 1829. The Hindu Widow Remarriage Act of 1856 legalised the remarriage of the Hindu widows. When the members of the Brahmo Samaj in Bengal started facing problems in marriage, a Native Marriage Act was passed in 1872. The Brahmos claimed that they did not belong to any religious groups in India. This Act worked like a civil marriage law under which people outside any religious fold could marry. marry. Another important legislation legislation linked with marriage was the Age of Consent Act of 1891. The Act prohibited the performance of marriage for girls below the age of twelve. During the closing years of the nineteenth century, besides personal laws, several other laws relating to land and industry were also enacted. The Factory Act of 1881 addressed the issue of the welfare of factory workers. The Bengal Tenancy Act of 1885 introduced reforms in land tenure system. Similarly, Similarly, the Press Act of 1878 was a landmark in the field of mass communication. These legislations not only advanced the cause of cultural change but also contributed towards transformation of the agrarian structure.

S U K M A K Social Legislation in Post-Independent India

The nature and and extent of social change in India has been influenced largely by radical social social legislation introduced after after the independence. They pertain to subjects ranging from economy, polity, polity, trade and commerce to marriage, to marriage, family and inheritance. Legislations impact upon every aspect of people's people's lives. The number of legislations legislations enacted after the independence is, however, so large that all of them them cannot be discussed her e. e. Therefore, we have selected only some important legislation to highlight their role in social change.

Laws have been been passed to eradicate social evils. e vils. Under Article Article 17 of the Indian Constitution, untouchability untouchability is prohibited prohibited and its practice in any form is made punishable. A comprehensive legislation legislation called the Untouchability Untouchabili ty (Offences) Act, 1955 was passed later. This Act was further amended as the Protection of Civil Rights Act in 1976. According to this Act, an untouchable (Scheduled Caste) has a ccess to all public places includ including ing places of worship. Though this legislation has not been fully able to eradicate the the practice of untouchability untouchabilit y, it has definitely attacked caste ca ste prejudice. Similarly, a number number of laws have been enacted for the upliftment of women and children. These These Acts have brought about about a perceptible improvement in their position in society. The Special Marriage Act Act of 1955, the Hindu Succession Succession Act of 1956 and the Dowry Prohibition Act of 1961 have initiated changes changes in the very structure of Hindu society. Most of these legislations have further been amended to accommodate accommodate more radical and relevant relevant issues. For example, the Hindu Marriage Act of 1955 was amended in 1976 1976 to provide the right to a girl to deny marriage ma rriage before attaining puberty. In fact the original Act itself was radical radical because it enforced monogamy and permitted divorce among the Hindus. The Dowry Prohibition Act of 1961 was also amended in 1984 that made cruelty towards women a cognisable offence. The socio-economic changes that have been brought about through legislations have created a favourable situation regarding the status of women. A number of legislations have also been passed to safeguard and protect the rights of children. Some of them are the Hindu Adoption and Maintenance Act, 1956, the Child Labour (Prohibition and Regulation) Act, 1986, the Person as with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1996), the Juvenile Justice Act, 2000 and so on. The role of legislation in transforming the socio-economic condition of tribals is even more explicit. We We may throw light on this issue by citing the example of north-eastern India, which is home to a large number of tribals. The tribal communities of this region have experienced remarkable changes in their traditional

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economy, cultural life and political systems. The safeguards provided to tribals in the states of Assam, Meghalaya, Tripura and Mizoram under the Sixth Schedule of the Constitution of India have facilitated numerous programmes for administration and development. de velopment. Special provisions under Article 371A of the Constitution have been made for the State of Nagaland to safeguard the cultural identity of the Nagas. The State Governments have passed several legislations which have ushered changes along with preserving their identity. The Autonomous District Councils established under the provisions of the Sixth Schedule have been given wide power to maintain control over the tribal land. The Land Transfer Act of 1971 passed by the Meghalaya State Legislature has almost stopped the process of land alienation. Likewise, the Lushai Hills District (Acquisition of Chiefs Rights) Act, 1954 abolished the age-old a ge-old system of chieftainship among the Mizos and the people themselves demanded it. What we have attempted to illustrate here is that, in a democratic state like ours, legislation can be effectively used as an instrument of social change. Recommended Books

S U K M A K 1. 2. 3. 4. 5. 6. 7. 8. 9.

C. N. Shanker Rao Vid idya ya Bh Bhus usha han n Sa Sach chde deva va Hutton G. S. Ghurey Herbert Herb ert Risley Mayani Maya ni T. K. Oomen D. N. Majumdar N. K. Dutta

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UNIT – V COMMUNALISM

Communication has become one of o f the biggest menaces of modern India. Problem that arises between the social-religious relations of the people who belong to various minority communities on the one hand and the majority community on the other, can be referred to as "communication" or "communal problem." Communalism and communal riots normally arise when religious matters are politicalised. Communalism is often understood as an ideology which states that the society is divided into religious communities whose interests differ and are, at times, even opposed to each other. It is a kind of antagonism which is found between the religious communities.

S U K M A K Definition of “Communalism” “Communalism”

1) Bipin Chandra Cha ndra “…..the concept of communalism is based on the belief that the religious distinction is the most important important and fundamental distinction and this distinction overrides all other distinction distinctions." H e further adds, "Since adds, "Since Hindus, Muslims and Sikhs are different religious entities, their social, social, economic, cultural and political political interests are also dissimilar and divergent. As such the loss of one religiou religiouss group is the gain of another another group and vice versa. If a particular community seeks to better its social and and economic situation. It is doing is doing so at the expense of the other."

2) Ram Ahuja: Ahuja: " The antagonism practiced by the members of one community against the people of oth other er community and religion can be termed as communalism." Robert Melson and Howard Wolpe : " Communalism is the political assertiveness of a Robert community to to maintain its identity in a plural society undergoing modernization." 3)

Communalism denotes antagonism between different religious groups. This antagonism goes to "the extent Communalism of falsely accusinQ, accusinQ, harming and deliberately insulting a particular community and extends extends to looting, burning down down the homes and shops of the helpless and the weak, dishonouring women, and even and even killing persons." Background of the Growth of Communalism in India

The origin and growth of communalism has its own history in India. In fact, communalism was part and parcel of the British policy of "divide and rule." The beginning of communalism can be traced to the preindependence days. In the first war of independence (1857) the Hindus as well as the Muslims had united to throw the British imperialism out of India. The British suppressed the movement and later on started making use of the policy of "divide and rule" to instigate the Muslims against the Hindus and vice versa. The British Government for quite a long time look ed upon the Muslims as untrustworthy and disloyal. In fact, it interpreted the 1857 movement as an a n attempt by the Muslims to revive the Mughal rule in India. The Muslims were purposefully kept out of the government jobs for the British had continued to nurse a prejudice against them. The Muslims too had their bitter resentment against the British. Later,

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Lord Minto further contributed to widen the gap between the Hindus and the Muslims. He introduced communal electorate for Muslims but its outcome was disastrous. Muslims were elected to the legislature. In spite of Indian National Congress opposition oppo sition to communal politics of the Muslim League, the partition of the country was effected. Main Characteristics of Communalism

Communalism as a socio-political problem is becoming more and more complex today. Unless we know the real nature of communalism it becomes difficult for us to differentiate between what communalism is, and what it is not. It is important to note that adherence to a religion is not communalism. Attachment to a religious community is not communalism. The religiosity of a community is not communalism. But using a religious community against an other community and against the whole nation is communalism. Let us now discuss the main characteristics of communalism especially in the Indian context.

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1. Communalism considers a particular religious community separate from the rest of the

communities.

2. It believes believes that not only religious but also secular interests of that community are separate separate from

similar simil ar interests of other communities.

3. Com Communalism munalism believes that the specific interests of the community can be promoted by maintaining by maintaining

its se parate identity and organizing it separately for the promotion of those interests.

4. Com Communal munal interests always super-impose themselves on the national interests.

Communalism munalism breeds mutual distrust and disharmony among the communities. It adopts adopts an attitude 5. Com of hostility hostility towards other religious communities.

Communalism munalism treats some citizens not as citizens but as members of some specific specific religious 6. Com community. comm unity.

7. Com Communalism munalism makes a particular religious community to impose its religious views view s and social

norms on the members of other religious communities also. It denies freedom to the members norms the members of other religious religious communities and the right to have their own religious view and social social norms. The freedom freed om to religious and social matters is also denied de nied to them.

8. Communalism fails to separate religion from politics. It tries to conduct government on the basis of

religious dogmas.

9. Communalism leads to the abuse abu se of power. It seeks to impose the social an d religious norms of the

community on other communities by several means including force, fraud, economic and other allurements and even assistance from foreign powe rs.

10. In its extreme form, communalism claims nationhood for the community concerned and seeks to

raise it to a status of sovereign state. Cause for the Growth of Communalism The main factors and forces which have encouraged the growth of communalism in India as listed by A.P. A.P. Awasthi, can be mentioned below.

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1. COmmunal political parties and organizations that have bee n fanning the fire of separatism. 2. Minority appeasement policy which the Indian National Cong ress and some other political parties

have been nursing since decades. 3. The elections which induce the political parties and organizations to make a communal appeal to the

voters and to keep alive the communal feelings. 4. The media, literature and textbooks that have communal slant and that give support to communal

forces. 5. Separation and isolationism found among the Muslims.

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6. The economic and educational backwardness found amongst the big minority group that is the

Muslims.

7. The aggressive aggressive Hindu chauvinism championed by a few forces.

8. Politi Political cal opportunism which is found in almost all the po litical parties in India and which which makes the

political leaders to give priority to their partisan political interests rather than to the national political interests. intere sts.

9. "Divi "Divide de and rule" policy which the British had followed caused lot of damage to our national

interest. The same type of policy is continued in a surreptitious manner even now. In addition to the interest. above factors above factors mentioned by Prof. Avasthi, Avasthi, we can also list a few other factors which are arecontinuing continuing to faster the the phenomenon of communalism.

10. Role of foreign forces which have been instigating communal activities and communalriots communal riots in India.

The r ole ole of these forces in giving training to the communal extremists and in supplying sophisticated technical techn ical equipments for fanning the fire of communalism.

11. Large Large scale scale conversion activities taking place in India are also contributing to communalism. communalism. Both

the Christian Christian and the Muslim minority forces are indulging in these kinds of co nversi nversion on activities. These conversions These conversions are often made in a forcible manner a nd sometimes by means of tem ptations and so on.

12. The subversion of secularism by the political parties is also a factor encouraging communalism.

Political parties which speak of secularism pay only lip sympathy to secularism but in practice support communalism.

13. The growing disappointment among the Hindus who constitute the majority community is also a

factor in favour of communalism. The Hindus believe that due to the "vote bank politics" of the minority community the larger national interests are sacrificed.

14. The Hindu militancy too has added to the problem of communalism. In their attempt to defend Hindu

interests' and counteract attacks on it, some Hindu organizations have resorted to militant activities. These activities have caused communal frictions and conflicts.

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Communal Tensions or Riots

The biggest outcome of the growth of communalism is an outbreak of tensions and riots. When religious matters are politicalised it leads not only to communalism but also to the communa l riots. The riots that take place due to clashes of communal interests of two or more communities are regarded as communal riots. The concept of communal violence or riot can be defined in the words of Prof. Ram Ahuja as follows: "Communal violence involves people belonging to two different religious communities mobilized against each other and carrying the feelings of hostility, emotional fury, exploitation, social discrimination and social neglect. The high degree of cohesion cohe sion in one community against another is built around tension a nd polarization. The targets of attack a ttack are the members of the 'enemy' community co mmunity.. It could thus be said that communal violence is based mainly on hatred, enmity and revenge.

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The incidences of communal riots are steadily increasing in India. Ever since politics came to be communalized, communal violence has increased quantitatively quantitatively.. According to a study conducted in India in 1966-67, as many as 310 instances of communal riots were reported and the figure increased to 1300 in 1985-86. All the provinces and all the places are not equally sensitive to communal riots. For example, example, 61 districts out of of 350 districts in India were identified as sensitive districts in 1961, whereas 216 districts were identified so in 1979, and 186 were regarded so in 1989. It is reported that property worth Rs.14 Rs. 14 crore was damaged in communal communal riots between 1983 and 1986. [Times of India-July 25, 1986]. In the 2086 2086 incidents of communal riots riots in 3 years between 1986 and 1988, both the years inclusive, 1024 p ersons were killed and 12352 injured. injured. It is observed that some states are found to be regularly suffering from the problem the problem of recurring communal communal riots. Some Features Features of Communal Riots Ri ots Taking Taking Place in India Indi a

Various studies studies have been conducted in order to collect enough information about the phenomena phenomena of communalism communalis m and communal riots. A study study instituted to go into the major communal c ommunal riots thattook that took place in the country f or or the last five decades has revealed some special features of the communal riots. They riots. They can be stated below:

1) Studies of communalism communalism have stated that in most of the instances, the communal riots ar e found to be politically motivated and not instigated by religious factors. Even the Madan Commission instituted instituted to look into the communal communal disturbances in Maharashtra in May 1970 emphasized that "the architects and and builders of communal tension tension are the communalists and a certain class of politicians." 2) In addition to the political interests economic interests who play vital role in augmenting communal clashes. 3) Statistics have revealed that communal riots seem to be more common in north India than in south India. 4) The possibility of recurrence of communal riots in a town where communal riots have already taken place once or twice is greater than in a town in which riots have never occurred. It is observed that most of the communal c ommunal riots take place on the occasions of religious festivals. It is also observed that communal riots are found in a larger number in urban areas rather than in rural areas. The concentration of people of the minority communities in urban areas is probably the reason behind this. 7) Normally on the occasion of the communal riots deadly weapons are used by people involved in the communal riots.

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Suggestions to Control and Eradicate Communalism Communalism has been increasing in this country for the past 5 decades. It has impeded the process of development and also has ha s hurt the scientific temper and the secular spirit. "Communalism emerges in India as the most dangerous threat to the cultural modernization. It is a complex process but its causes generally subsist in the contradictions generated by the forces of social restructuration.

A study [conducted by Mainstream, Feb. 9, 1988] has revealed that in the time span of 37 years after independence as many as 10,000 communal c ommunal riots had taken place due to which more than 1,000 people lost their lives and property worth a few crores was damaged. The Ayodhya incident excelled the previous records and a few hundreds lost their lives in 1990s. The communal riots which took place in Gujarat very recently [February-May 2002] cost the lives of more than 800 people and property prope rty worth crores of rupees was destroyed.

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Communalism is a creeping paralysis which demands solution. Communal riots pose a permanent threat to the religious harmony in this land. They must be effectively dealt with and minimized. A few of the suggestions in this regard may be noted. It is true that giving suggestions is an ea sy task while putting them into practice is itself a big challenge. Prof. Ram Ahuja suggests that the problem of communalriots communal riots must be tackled in 2 ways: (A) undertaking immediate remedial measures, and (8) resorting to long term term remedial measures. A) Immediate Immediate Remedial Measures

1) Setting up Peace up Peace Committees - In the riot-torn places peace committees consisting of the respected leaders leaders of the different communities are to be formed immediately after the outbreakof outbreak of communal violence. These These leaders must exercise their goodwill on the respective communities and persuade persuade them to maintain peace peace and harmony h armony.. 2) Use of New New Strategies and Plans by the State - Since rioters are making use of modern sophisticated equipments and and weapons to spread communal riots everywhere, it is necessary for the state toresort to resort to new strategies and plans and plans to hook and book those rioters and instill confidence in the minds of riot-hit riot-hit individuals and innocent people. innocent people. 3) Supervision Supervision of the Media - The role of the media is very important in the course of communal communal riots. The media should exercise should exercise great restraint in spreading rumours and reports of communal riots. The The state must have strict vigilance vigilance over the media. 4) Suppressing the Extremists - The Government in power must use its authority and power in suppressing the communal riots. It should not hesitate to impose ban on communal organizations directly or indirectly indulging in communal riots. All dangerous and extremist communal leaders must be arrested during the course of communal riots preventing them from fanning the fire of communal riots. 5) Other Measures i) In the riot-torn areas efficient and secular minded police officials must be posted.

ii) Special Courts should be established to deal with the cases of communal communa l riots. Speedy disposal of the cases is an essential step in this direction. iii) The riot affected people must be given protection immediately and sufficient care should be taken to make arrangements for their rehabilitation if needed.

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iv) Immediate legal action should be instituted against those who instigate communal riots. B)

Long Term Remedial Measures

1) To To Make the People Free From Communal Communa l Frenzies and Passions - It is necessary to educate the people to become free from communal prejudices, feelings, etc. Steps should be taken to exp ose the communalist tendencies of the leaders lea ders who generally instigate riots. 2) Preventing Communalization of the State and the Political Elites in Power - Communal riots often reach new heights due to the support given to it by the political parties, leaders and some bureaucrats. Hence it is necessary to see that the political elites in power become free from communal attitude. All communal forces must be tackled and treated equally.

S U K M A K

3) Protecting the Civil Society from being Communalized- Communal riots grow into new proportions when supported by people. Sometimes, ordinary people a re also drawn into communal carnage. Hence it is necessary to see that people do not become the victims of communal strategies of the leader s. s. It is in this regard that the the intellectuals, writers, journalists, voluntary organizations, freedom fighters fighters and noncontroversial political controversial political leaders should take a lead in building up public opinion against communalism communalism and communal riots. riots. Educational System should be Free from Communal Ideas and Ideologies - It is necessary 4) Educational necessary to see that importance is is given to the development of communal harmony at all levels of education. The young minds should not be be polluted with the narrow communal ideas. Hence patriotic feelings and sentiments sentiments must be strongly encouraged. encouraged. Extra care should be taken in writing and teaching lessons in Histor y. y. Distorting historical facts facts is also unfair.

such as television, 5) Role of the the Media - This is an era of publicity and propaganda. The electronic media suchas radio, newspaper, newspaper, etc. must playa very responsible role. They must not be allowed to contribute to communal feelings feelings or riots. Communal press must be banned and legal actions must be instituted instituted against communal writers. writers. 6) Ideology that Economic Development by itself brings down Communalism is not C orrect Some argue that economic economic development, industrialization, growth of capitalism, and the growth of working working class would automatically automatically weaken communication. But our experience has proved to be contrary. Unless special care is taken taken communal riots cannot be suppressed even in times of economic prosperity. prosperity. Economic development alone cannot contain communalism. In fact, communal violence is more prevalent in developed states like Maharashtra, Gujrat and also in developed cities like Mumbai, Ahmedabad, Jamshedpur and Kanpur, Hence, separate and well planned efforts are needed to curb the growing disease of communalism. 7) Legislation against Forcible Conversion - Since forcible conversion of persons from one religion to another, particularly from Hinduism to Christianity and Islam, is one of the major causes of communal riots, it is necessary that all conversion activities be banned and declared illegal. In fact, a legislation could be introduced in this regard at the all-India level. At the State level, Arunachal Pradesh, Madhya Pradesh, Orissa and Tamil Tamil Nadu governments have already made legislations prohibiting conversion activities.

Mahatma Gandhiji was also very much against religious conversions. Long back he wrote:"

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Every nation considers its own faith to be as good as that of any other. Certainly the great faiths held by the people of India are adequate ad equate for her people. India stands in no need of conversion from one faith to another. As early as on 19th January 1928 1 928 Gandhiji wrote in "Young "Young India" that we should not n ot even secretly pray that anyone should be converted, "but our utmost prayer should be that a Hindu should be a better Hindu, a Mussalman a better Mussalman and a Christian a better better Christian. This is the fundamental truth of fellowship. Gandhiji was totally against the proslytising of the missionaries. In his reply to Mahadev Desai's question Gandhiji had once replied: "If I had power and I co uld legislate, I should certainly stop all proselytizing. It is the cause of much avoidable conflict between classes and unnecessary heartburning among missionaries." On various occasion Gandhiji had expressed his views very strongly against forcible religious conversion. REGIONALISM Of course, regionalism has always been present in India in one form or the other but never has it attained such magnitude as it possesses today and neither was it ever as detrimental to any national interest as it is in the present context. When there are sd many states in the country it was not harmful to hav e regionalism in them but when the entire country is one nation regionalism poses a serious threat to national unity and integration.

S U K M A K

What is Regionalism? Regi onalism? Regionalism is Regionalism is the sense of affection and attachment for people belonging to one's own region and hatred for those who belong belong to some other region. As a result of this, people of one region in India have started started looking at people from from some other part of the country in the same light in which they are prone to regardforeigners. regard foreigners. Causes of Regionalism Re gionalism There are many many causes at the root of this regionalism in the country, the major ones being the following: following:

essential difference 1) Geographical Geographical causes - The main cause of regionalism is geographical. There is some essential between the f ood ood habits, language, life, etc. of every region and the people who live there. By virtue virtue of these differences they they come to regard each other as foreigners and they acquire an attitude of fear and and hatred for each other o ther.. at the root of 2) Historical Historical Cause - As has been indicated earlier, there are some historical causes also at regionalism. For example, there have been bee n some differences between the people of the north and south and ever since the the time of the Aryans it has continued. Many of the kings o f the north have won over over the south while there have have been a few kingdoms in the south which have extended to the northern part part of India as separated from from southern India. 3) Political cause c ause - But if the situation is carefully and minutely observed, it will be seen that th thee main cause as to the root of regionalism present in the country is of a political nature. In different regions some people have demanded the formation of regional governments and in this they have been inspired by regional interests and by aims of gaining power. In this direction, a major part has been played by the revolutionary Naga part pa rt guided by Phizo, the Akali party of Punjab, the D.M.K. party of the south and other political parties. The truth is that the leaders of these political parties are responsible for having propagated regionalism in their respective areas. Not only o nly this, but even some representatives of different areas who are members of political parties give prime importance to the interests of their own regions even in the face of national interests which are disregarded by them. 4) Psychological causes - Finally, the psychological causes have contributed no less to the deve lopment and stability of regionalism. It is the wish of most of the persons that it be their area that progress as the most. This idea in itself in neither bad nor detestable but when they disregard the national interest and those of other regions for the attainment of this, this feeling takes on the form of regionalism. Besides this, there are many

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individuals encouraging regionalism who express the hatred, jealousy, fear, anger and other feelings contained in them in this manner. 5) Other causes - There are some other causes besides be sides those-Retention above that promote regionalism. For example, it is only rarely that one comes across a cross married couples among whom one belongs to Bengal and the other to Punjab or to Rajasthan or to Tamil Nadu for that matter. As a general rule, people belonging to different regions do not marry and hence the occasion for close contract between the two does not arise. In addition to these there are some economic causes of regional tension. In the country there are some regions that are backward in comparison with some other regions. As a result, they are often seen to be particularly successful in some vocations. For example, in India, the most successful businessmen are seen to belong to Marwar, Gujarat and Punjab, and in this sphere they have a practical monopoly. In this too they are ha ted by some people who try to turn them out from their own regions. Means for the Abolition of Regionalism

S U K M A K The following means can help to end regionalism or at least to dilute it to some extent:

1) Encouragement Encouragement to transport and communication - If regionalism is to be c1iminated, the peo ple should be encouraged to to indulge in travel and to increase contact with people belonging to different r egions egions of the country. Recently Recently,, a train of religions hermits toured the country and similarly many farmers belonging farmers belonging to Rajasthan traveled traveled all over the country cou ntry.. In India, the tradition whereby people are induced to visit visit places of religious importance importance is a good one in as much as it helps people to travel all over the country country and meet different peo ple. In going to different corners of the country the people realize that India is a lar ge country by encouraging transport and communication in the country country.. over the country 2) Propaganda Propagan da of the National history - The history of the nation should be propagated all over so that the people people may clearly realize that the history of the individual regions of the country is only a part of the history of the the nation to which all the regions have made an important contribution. The pr opagation of the national history history will help to eradicate the sense of regionalism.

integra tion that the 3) Prevention Prevention of regional political parties - It is essential for national unity and integration political parties parties propagating regionalism and regional interest should be prevented from doing doing so. If they indulge in unrestricted unrestricted campaigns for promoting regional interests they should be declared illegal. illegal. Although in a democracy democracy every individual has the right to form a political organization in o rder to express his express his views yet if it tends to liarm li arm the interests of the nation this right should be curbed. 4) Propagation Propagati on of the national sentiment - Finally, in order to remove the psychological causes causes at the root of regionalism regionalism an effort should be made to propagate the sentiment of nationalism in the country. It is necessary to resort to all the various media of propaganda to obtain results in this direction. Efforts should be made to remove the regionalistic tendencies from all spheres such as government services, educational institutions, etc. and the sentiment of nationality should be encouraged.

Regionalism is a complex problem. If it is to be solved it must be attacked from all sides and furthermore such a task requires co-operation from the government and the people. Only then can this problem be solved. Recommended Books 1. 2. 3. 4.

C. N. Shanker Rao Vidy dyaa Bh Bhus usha han n Sa Sach chde deva va Hutton G. S. Ghurey

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Sociology An Int ntro rodu duct ctio ion n to So Soci ciol olog ogy y Caste in India Caste, Class and Occupation in India

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5. 6. 7. 8. 9.

Herbert Risley Mayani T. K. Oomen D. N. Majumdar N. K. Dutta

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The People of India Sociology Sociology Race and Culture of India Origin and growth of Caste in India

CASTEISM Caste ism is a social problem associated with the caste system. Just as the caste system is exercising its influence in all the fields of social life casteism too has become all pervasive. What is Casteism? Meaning of Casteism

Casterism is understood as a partial or one-sided loyalty in favour of any particular caste. It makes members of the caste to become conscious of their membership of the caste and look at everything from the standpoint of the caste.

S U K M A K

1. Acco According rding to D.N. Prasad, " Casteism is loyalty to the caste translated into politics." 2. Acco According rding to Kaka Kalelkar, "Casteism is an over-riding, blind and supreme group loyalty

that ignores ignores the healthy social standards of justice, fairplay, fairplay, equity and universal brother hood. hood. It is clear from fro m the above that casterism is a blind group loyalty towards one's own caste or sub-caste sub-caste which does nor care for care for the interests of other castes and their members. Cause of Casteism Cas teism

Casteism which which exercises a negative influence on the network of social relations is caused by several several factors of which the f ollowing ollowing may be noted. on the marriage 1) Endogamous Endogamous Nature of the Caste - Casteism is often the result of restrictions imposed on the that takes place place in the Hindu society. Each caste and sub-caste is endogomous in nature. It It means that member of a caste or sub-caste has to marry within his or her own caste or subcaste. Because of this rule of endogamy, marital marital relations are confined to a small circle/section of the people. Individuals ar e more prone to develop their their loyalties and admirations to their own caste or sub-caste people. This practice of endogamy makes the people people to become somewhat narrow-minded.

2) Strong Desire Desire to Enhance Caste Prestige - People belonging to a particular caste or subcaste subcaste have the tendency of developing loyalty to their caste or sub-caste and to become more conscious of of its relative prestige in society society.. Every member thus tries his level best to see that his caste prestige is safeguarded safeguarded and enhanced. This type of loyalty towards the caste makes the members of the caste to favour their own members of the caste wherever they get the opportunity. Excessive caste loyalty tends to keep other caste people at a distance. 3) Improvement in the Means of Transport Transport and Communication Communicati on Leading to a Better Organization of Caste - Advancement that has taken place in the field of transport and communications has helped the members of the caste to be in touch with one another anothe r regularly. regularly. It has also helped them to strengthen their caste organization and conduct activities on caste lines. Caste organization and caste-get-togethers are on the increase now.

4) Urbanization Indirectly Favouring Casteism - Industrialization and urbanization have been attracting people in a large number towards the cities. When the rural people go to the cities they naturally search for their nearer and dearer ones on the basis of the caste. They consider their own ca ste people as their potential

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friends and well-wishers. Hence the-city atmosphere has also contributed to the strengthening of caste feelings and caste-mindedness. 5) Powerful Hold of the Caste Over the Members - Caste is a strong cohesive group. It has a powerful hold over is members. Members of the caste also look to the caste to obtain the needed help and assistance in times of crises, difficulties and emergencies. Dependence of the members on the caste in this way ha s further added to the problem of casteism. Consequences of Casteism

Though casteism has certain benefits to the members of the caste on the individual basis, it has several harmful effects on the society as a whole. Some of the major harmful consequences of caste ism can be noted here.

S U K M A K

1) Hindrance to the Development of National Feeling - Members of the caste imbued with the spirit of caste ism are more prone to show their loyalty to the caste rather than to the community at a t large. Casteism divides people in the name of caste and encourages intolerance, jealousy, rivalry and conflicts among members of the the caste. Caste clashes and tensions that arise in society for one reason or anoth a nother er wrecks the unity of society society and damages social harmony ha rmony.. 2) Dangerous Dangerou s to Democracy - Strictly speaking, caste and democracy cannot cann ot go together. Caste Caste is based on inequality, inequ ality, whereas democracy assures equality and equal op portunities to one and all. Since democracy democracy and caste system are co-existing in India clashes between them are inevitable. Indian politics has become has become very much complicated complicated because of the caste interference. Caste plays its role in the processes of selection selection of candidates to the to the election, electioneering, formation of cabinet distribution of portfolios, and so on. so on. It means at every stage stage in politics caste creates tensions, misunderstandings, infights, rivalries, etc. It is is in this way national inter ests ests are undermined and national unity is underscored.

encourages nepotism. It 3) Encourages Encourages Moral Degeneration - Caste ism contributes to the moral fall. It encourages nepotism. makes one go out go out of the way to help and favour people of one's own caste. People of the same caste caste also look to the caste leaders leaders to favour them in all the situations. This kind of favour damages the mor al al values and encourages corruption. corruption.

4) Casteism Casteism Leads to the Negligence of Talents and Efficiency - If candidates are selected and appointmentss are made on the basis of caste, it definitely damages talents, abilities and efficiencies appointment efficiencies of the people. When When unwanted and inefficient ine fficient people are selected for high offices in the name of caste, caste, honesty, efficiency and and duty consciousness become the first casualty. casualty. 5) Casteism may even Lead to Brain-Drain - It is has been observed that some of the most efficient and talented persons have left India and gone abroad for the simple reason that their merits and talents are not properly recognized. Casteism which comes in the way of the recognition recognition of merit and efficiency efficiency indirectly promotes brain-drain.

It is clear from the above that caste ism has dangerous effects on the society society.. Though people know casteism is bad they have become the victims of that. Even those who condemn it in public are practicing it privately privately.. Prof. M.N. Srinivas has rightly said that the caste "is so tacitly and so completely accepted by all including most vocal elements in condemning it, that it is everywhere the unit of social action." More than the common people, politicians seem to be contributing much to the survival of casteism. "Political leaders belonging to different castes seem to secure political and other advantages for themselves

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at the expense of others, and to this end they utilize the caste sillltiment. Caste consciousness and caste prejudices which exist among the masses are thus turned by politicians into caste passions. One of the seasoned politicians of India by name Namboodiripad himself has stated "The existence of caste consciousness creates prejudices, discontent on the basis of caste inequalities-all these are impediments in the way of the development of the country as a whole, and therefore, of the development of "lower" and "backward" castes themselves. Caste separatism, therefore hinders rather than helps the a dvancement of the "lower" castes themselves." Solutions of the Problem of Casteism

Casteism is no doubt a social evil that has to be counteracted and removed. Some have even gone to the extent of telling that even caste ca ste system is to be wiped out. But removal of caste and casteism is not an easy thing. Caste has very strong roots in our social set up and hence it cannot be uprooted from our society. It is the need of the hour that the ugly face of the caste, that is casteism, is to be wiped out. We can suggest some solutions in this regard to counteract the problem of casteism.

S U K M A K

1) Education Education - Education seems to be the most ideal solution to the problem of casteism. People People must be properly edu educated cated about the dangers of practicing casteism. Parents, teachers, elderly peo ple, political leaders should should take precautions against contaminating the young minds with casteism. 2) Encouragement Encouragement to Intercaste Marriages - Marital relations represent the most intimate intim ate relations between men and men and women. Encouragement and promotion of intercaste marriages will help young young men and women of dif ferent ferent castes to coma closer and to develop healthy relations among them.

word "caste" is 3) Minimum use Minimum use of the term "Caste" - Necessary precautions must be taken to see that the word used only in limited context. The young generations must be encouraged to give the least importance importance to it. This is possible possible only when we make lesser and lesser use of the term "caste."

people and the 4) Promotion Promotion of Economic Equality - Wide economic gap is found between the upper caste people lower caste people. people. This economic gap widens the social distance and contributes to the development development of caste prejudices. prejudices. Hence, efforts must be made to provide equal e conomic opportunities for the the lower caste people to atta attain in economic prosperity prosperity.. Recommended Recommend ed Books 1. 2. 3. 4. 5. 6. 7. 8. 9.


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Sociology An In Inttro rodu duct ctio ion n to So Soci ciol olog ogy y Caste in India Caste, Class and Occupation in India The People of India Sociology Sociology Race and Culture of India Origin and growth of Caste in India

SOCIAL MOVEMENT The social behaviour is one of the major forms of collective behaviour. A social movement is informally defined as "a collective acting with some continuity to promote or resist change in the society or group of

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which it is a part. Turner & Killins state "Less formally, a social movement is a collective effort to promote or resist change in the society or group of which it is a part." The term" social movement" is being used to denote a wide variety of collective attempts to b ring about a change in certain social institutions or to create an entirely new order. Social movements are an essential part of o f societies. While in some societies they are more pronounced and apparent, in others they are latent. The study of social movements is primarily a study of the social or cultural change on a social movement which is an organized attempt on the part of a section of society to bring about either partial or total change in society through collective mobilization based on ideology ideology.. The term "Social Movement" is being used to denote a wide variety of collective attempts to bring about a change in certain social institutions or to create on entirely new order. Sometimes the term is used in distinction from religions or political movements and from movements among particular groups e.g. the women's movement or youth's movement. As all of these movements occ ur in society and tend to affect the social order it would it would be permissible to apply the term social movement to all of them.

S U K M A K The main features features of social movement 1) Group consciousness consciousness and a sense of belonging belong ing is essential for a social movement. This consciousnesss is generated through active participation. consciousnes

2) The classic classic concept of social movement implies the creation of an entirely new social economic economic and political orde order, r, especially as it concerns the institutions of property and the distribution of power power. 3) All major social social movements undoubtedly develop more or less consistent set of ideas which its which its members must accept. 4)

Sociall movement tends to spread beyond the boundaries of states or national societies. Socia

5) A social movement movement undoubtedly involves collective action as distinct from individual action. action. However only when the the collective action is somewhat sustained as distinct from sporadic occurrence, does does it take the form of movement. movement. This collective action however, need not be formally organized but should should be able to create an interest interest and awakening in a sufficiently large number of people. Hence a social social movement essentially involves involves sustained collective mobilization through organization, either informal or f ormal. 6) A social movement is generally oriented towards bringing about change, either partial or total in the existing system of relationships, values and norms, although there are efforts which are oriented towards resisting change and maintaining the status quo. The latter are more in the nature of counter co unter attempts which are defensive and restorative. They are organized efforts of an already established and reutilized order to maintain itself.

Emergence of social movement - If all members in a society feel satisfied about every thing there is no possibility of a movement emerging. That is, emergence emergence of a movement is indicative of the dissatisfaction dissatisfaction people have about an unintegrated or ill-integrated society society.. Deprivation in itself may not lead to the emergence of movements. Only when people believe that these deprivations are man made which can be effectively tackled through collective actions would social move ments emerge. According to Herbert Blumer (1951)- Social movement involves after-stages in its formation.

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1) The preliminary stage- This stage can also be called "the unrest stage". In this stage we find some confusion or discontentment among people. Hence they are restless. In fact as N.J. Smelser has pointed out, "All social movements begin with some feeling o f discontent with the existing social order. Discontent is always a product of a relationship between objective conditions and ideas about those conditions." 2) Popular stage - In the popular stage the movement begins to rally around a figure or a leader who promises to alleviate the sufferings sufferings of the people. This leader may be a diplomatic leader with some extra ordinary qualities who is capable of giving a leadership to the movement. He may speak of reform, revolution, resistance or express himself in such a way that the followers are made to feel that he will do some thing or the other to find solution to their problem. If the message of the leader is appropriate and very much appealing people would definitely rally around him. 3) The formation stage - (The stage of formal organization) This is the stage in which programmes are developed alliances are forged and organizations and tactics are developed. In this stage, a party, organization or group of individuals may put toward an alternative vision, world view or ideology, to undersign, analyse and solve a prevailing crisis. Once the ideology gains acceptance among people, efforts must be made made to translate it into a programme which calls for collective action. This leads to the the birth of the movement.

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4) The stage stage of institutionalization of the movement - If the movement becomes successful, successful, then it destroys itself itself in its last stage of development when it becomes an institution. "At this point it it is no longer collective behaviour, behaviour, because it is organized, follows accepted norms of society and has has replaced its emotional base base with the assumption that change will take time." (Wallace and Wallace). When When once, it assumes this stage of the institution it begins to bring down the wrath of the people and assures assures them that things would become would become normal in the course of time and the active life of the movement may come come to an end.

In the stage of institutionalization as Horton and Hunt have pointed out the movement almost almost becomes rationalized. They have said that in an institutionalization stage "as organization take over over from early leaders, bureaucracy bureaucracy is entertained and ideology and programme be come crystallized after ending ending the action life of the movement." movement." 5) The Dissolution Dissolution stage - Horton and Hunt have spopen of the last stage of social movement, movement, "the dissolution stage". stage". When the movement becomes an enduring organization (like the Indian Indian National Congress or the YM.C.A.) it fades away, possibily to be received sometimes later, it can be said be said to have enclosed this last this last stage of dissolution. Types of Social movements m ovements in India Religious movement in India can be broadly divided into three in term of their response to a nd consequences for Hinduism.

(1) Movement which started essentially as protests against Hinduism and came to be established as independent religions such as Jainism and Buddhism (2) Bhakti movements which attempted to purify Hinduism of it "evils" and fought against the tyranny of caste system but subsequently emerged as sects such as Veerasaivism, Veerasaivism, Arya Samaj etc. and got go t absorbed into the rubric of Hinduism. (3) Movements oriented to opting out of the Hindu fold through conversion to other religions. The emergence of Jainism and Buddhism in 6th Century B.C. challenging the authority of Brahaminism is reckoned as the first major religious protest movement in India. Jainism denied the authority of the Vedas Vedas and revolted against Vedic Vedic sacrifices. Buddhism while accepting ac cepting the essential teaching teach ing of the Upanishads Upan ishads joined hands with Jainism in denouncing Vedic sacrifices and Brahaminism and nonvedic Jainism, in

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propagating religious religious ideas. Both Jainism and Buddhism followed the same path, orienting it to the cause of the common people, asserting the common spiritual right of all men, acknowledging comparison and love for all life, preaching in the language of the common people and rejecting the authority of the arrogant 'Brahamin. The second major religious protest movements, vaishanavism and Shaivism, sought to abolish the intermediary between men and God, the Brahamins. The movements initiated by Kabir and Chaitanya represent this trend. Although sectarian movements started as protest movements against idol worship, untouchability etc. they also succumbed finally to the same evils decried by them. These movements underwent a process of institutionalization leading to the emergence of a codified ideology, hierarchical organization and religious bureaucracy. These developments inevitably led to a compromising and reconciling rather than an opposing op posing attitude towards Hindu orthodoxy. Inevitably many of these movements ended up as Hindu sects. At any rate, it seems clear that these movements were not successful in reconstructing the prevalent system, at best they led to an elaboration of the existing status hierarchy. Conversion to a religion is essentially an individual act. However, in India it was inevitable that it should become a group phenomenon largely because of the fact that the social location and interaction of individual caste status was impossible. Therefore, it was collectivitiestribes, castes, kin graph for conversion. Hence, group conversion conversion from Hinduism to other religions is often described as movements. From From the above description it is it is very clear that religions movement took a lot of changes cha nges in the Indian society. Religion society. Religion is a very important important factor which influences human beings.

S U K M A K

Caste Movements Movements - Protests against Brahaminical supremacy and the tendency to opt out of the the mainstream of Hinduism either through the formation of new religions and sects or through conversion to other other religions were known in in India since early times. However, Howeve r, by the turn of the 19th century cen tury,, a qualitativelydifferent qualitatively different type of movement, movement, the backward classes movement emerged in different parts of India among among the various depressed caste caste groups. The critical difference difference between the current caste movements and the erstwhile religious movements movements is that while the latter latter attacked or opposed Hinduism and wanted its adherents to opt out of the Hindu Hindu fold, the former beckons beckons its followers to adapt to Hinduism and seek solutions to their problems within within its framework, without without rejecting their religion. We We can differentiate between three types of caste movements movements based on their good good orientation. They may be designated as (a) status mobility movement (b) (b) caste unity movements (c) (c) caste welfare movements. However, a particular movement may shift its goalover goal over a period of time either either because the critical goal is achieved or because it has become redundant or because because the goal can not be achieved. achieved.

The oppressive oppressive as well as elastic character of the caste system and the failure of earlier attem pts to escape caste-based discrimination discrimination by opting out of Hinduism seem to have prompted many caste groups groups with low ritual status to improve their position through adopting the shy style of life of the norm setting group in their respective regions. This process is usually referred to as sansritization. It is important to note here that while the initial tendency was to view sanskritization as an initiative process, protest orientation and counter mobilization are necessary attributes of sankritizing movements because the low castes did it in a spirit of recalcitrance and the upper caste invariably opposed such attempts. Further, the mechanism of caste movements was not confined to sanskritization. The introduction of census by the British and the arrangement of castes in terms of presumed or established social and ritual superiority also gave birth to mobilization for higher status usually by untouchables, and studies and some Muslim graphs through census authorities.

The central tendency in social behaviour in India ha s been that the caste Hindus take to certain innovative behaviour and others follow "Suit. But it seems for once the backward castes have offered a model of collective action to the forward castes, informing the caste association which formed the core of their

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mobilizational activities. But the problems of the forward castes were different and most of the associations formed by them were oriented towards social reforms-opposing child marriage, approving widow remarriage, encouraging women's education, promoting occupational diversification and modern education, breaking the social barriers between numbers, Jatis etc. That is, caste unity or consolidation for political or social purposes was the objective of the associations formed by upper castes. c astes. Several social scientists have called attention to these movements of Jusion of sub castes, several of the upper caste movements ended up by establishing e stablishing a series of voluntary associations for the welfare of their clients or got limited into caste federations which provided them a platform for political consolidation or acted as bridges between tradition and moderating. It seems that most of these caste associations could provide their clientele with instrumental payoff but emotional unity has scarcely been achieved through them. The introduction of the policy of protective discrimination, the welfare of scheduled castes which recognized ritual inferiority as the criteria for entering economic and political benefits to them, changes the character and the strategy of mobilization. Instead of census appeals and sanskritization they are getting organized politically (a) for getting enlisted as scheduled caste/backward classes (b) to wrest as much benefits from the state as possible (c) to insist that the constitutional guarantees are extended for a longer time period and implemented faithfully.. The upper caste response to these movements is not always favourable and occasionally hostile as faithfully revealed by anti-reservation mobilizations in same states.

S U K M A K

Tribal Movement Movement - Tribal movements in India have two main geographical and political political anchorages, movements among the encysted tribes of central and eastern India have been making oriented oriented to their betterment within within the Indian union and movements among some of the tribes of Northern Eastern Eastern frontier have shown secessionist tendencies. The tribal movement among the encysted tribes may may be broadly divided into two types. Those which emphasize the socio-religious aspects and those which which turn on the political, political-separatist political-separatist orientation. The studies on said religions movements suggest that that local tribal leader-initiative leader-initiat ive movements for revitalization, reform or status mobility and a number of f actors actors are in operation for their success or failure. Jharkhand movement is the arch type of the political-separatist politi cal-separatist movement among among the encysted interests in Dihotangpur region and others.

ical/physical The main elements elements of the distinctiveness of the region and the people are:- (1) The histor ical/physical isolation of the the people till the British conquest, the official colonial policy of non-interference non-interference with the society and culture culture of the people, the ambivalent policy pursued by the Government of India in perpetuating in perpetuating a sense of isolation isolation and autonomy among the people along with the policy of drawing them them into the mainstream of national life (2) the location of the region on the international frontiers Burma, Burma, former Pakistan and present and present Bangladesh. China which facilitates the acquisition of foreign arms and ammunition, helps in military military training programme, extending protection to insurgents by permitting and encouraging encouraging the crossing over over the national boundaries etc. (3) The nature of the physical terrain which facilitates facilitates guerrilla warfare (4) the the ethnic difference between the people of North East and the plains (5) the difference in religion between the people of the region and the rest of India.

Agrarian Movement - Although India is predominantly an agrarian country it has been argued by some (e.g. Barrington Moore) that the tradition of peasant move ment is weak in India. The man reasons listed for this are (1) the caste system (which hinders mobilization of class categories) and (2) the pacifying influence of nationalist leadership particularly Gandhiji, on peasantry; as against this Kathleen Gough argues that India has had a long tradition of peasant movement. Moore seems to focus on the different dimensions of movements. The main focus on the question of who are the participants and taking peasants as an occupational/class category, he excludes those movements in which the mobilization of participants is attached invoking their identities based on religion, caste, region etc. Inevitably he finds that the number of peasant movements in India has been too few considering her vast rural population. In contrast, Gough asks asks the question, why do people participate in movements? Having found that most mobilizations were against exactions of landlords, bureaucrats, merchants, moneylenders, the police and the military. She concludes

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that these are "peasant" movements, although their mobilizations were initiated by c1arislimatic heroes and rebellious prophets involing the participants, regions, caste and similar sentiments, symbols and idioms. Admittedly, Gough finds ample evidence to conclude that India has had a long tradition of peasant rebellions. Two Two authors arrive at diametrically opposed conclusions. It is important to recognize that three identities are basic to all movement participants. Primordial/ ascriptive, a class/occupational and political/ideological. The frequent tendency on the part of analysis to ignore this multiple identity of participants (as Moore seems to do)and emphasize only one or another of these, has cluttered our understanding of the real character of social movements. Secondly, Se condly, it is not that the goal orientations of movements are always unlinear as Gough seems to imply, after it is multi pronged. To emphasize just one of these goals to the neglect of all a ll others is to do violence to the nature of social reality. Recommended Books

S U K M A K 1. 2. 3. 4. 5. 6. 7. 8. 9.

C. N. Shanker Rao Vid idya ya Bh Bhus usha han n Sa Sach chde deva va Hutton G. S. Ghurey Herbert Herb ert Risley Mayani Maya ni T. K. Oomen D. N. Majumdar N. K. Dutta

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QUESTIONS

UNIT- I 1.

What do What do you understand by Caste System in India? Is Caste changing into class? Define it. Define it.

2.

What is What is class? Is class changing into caste in modern India? Give reasons.

3.

What is What is Varna Varna System? Write the similarities and differences between Varna and Class.

4.

Write a Write a short note on Caste, Ca ste, Class and Varna Varna and their differentiation.

5.

What is What is Scheduled Caste? Write down their problems and the measures taken by the government government to

solve their their problems.

6.

What is Scheduled Tribes? Write Write their problems and evaluate their problems and the measures taken

by the government to solve their problems.

UNIT-II

1. What do you understand by customs?

2. What is Law? Differentiate between Law and Custom. 3. Wri Write te a short note on the basis of legitimacy. 4. Write a short note on evaluation of legal system in India. 5. What is the significance of Law in India?

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6. Writ Writee a short note on Law in relation to Sodal order.

UNIT - III 1. What is work? How do you distinguish between work and leisure? 2. What is Jajmani system? Is there any relevance of Jajmani System in Modern India? Give reasons. 3. Is Jajmani system based on caste system in rural India? Give reasons. 4. What is division of labour according to Durkhein? 5. Writ Writee the significance of division of labour in Modern India. 6. Is Jajmani system purely based on division of labour? Why? 7. Writ Writee a short note on Legal Profession in India.

S U K M A K UNIT - IV

1. What do you understand by b y social change? Write various factors of social change.

2. What What is is Sanskritization according to Professor M.N. Sriniwas? Is it upward movement movem ent of lower

caste people? caste people?

3. What What is Westernization according to Professor M.N. Sriniwas? Differentiate Differentiate between

sansk ritization ritization and westernization.

4. Law is is prime factor for social change in Modern India. Discuss it

5. Write Write different different social legislations which are helpful to social change in Indian society.

UNIT - V

1. What What is is Communalism? Give suggestions to eradicate this p roblem from grass root level level in India.

Write the the origin of Communalism. Is it still existing in Independent India? Give suggestions su ggestions to 2. Write eradicate eradi cate this problem from grass root level in India.

3. Regio Regionalism nalism is a burning problem in India? Give suggestions to remove this problem. 4. Caste Casteism ism is a gross-root level social problem. Do you agree? Give reasons 5. What What is is social movement?

6. Write Write the the different types of social movement in India.

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