Kuldip Singh, J.[1]
333. Caste-system in this country is sui generis to Hindu religion. The Hindu-orthodoxy believes that an early hymn in the Rigveda (the Purusasukta :- 10.90) and the much later Manava Dharma Sastra (law of Manu), are the sources of the caste-system. Manu, the law-giver cites the Purusasukta as the source and justification for the caste division of his own time. Among the Aryans the priestly caste was called the Brahmans, the warriors were called the Kshatriyas, the common people divided to agriculture, pastoral pursuits, trade and industry were called the Vaishyas and the Dasas or non-Aryans and people of mix-blood were assigned the status of Shudras.
The Chaturvarna-system has been gradually distorted in shape and meaning and has been replaced by the prevalent caste-system in Hindu society. The caste system kept a large section of people in this country outside the fold of the society who were called the untouchables. Manu required that the dwellings of the untouchables shall be outside the village – their dress, the garments of the dead —–their food given to them in a broken dish. We are proud of the fact that the Framers of the Constitution have given a special place to the erstwhile untouchables under the Constitution. The so-called untouchable-castes have been named as Scheduled Castes and Scheduled Tribes and for them reservations and other benefits have been provided under the Constitution. Even now if a Hindu-caste stakes its claim as high as that of Scheduled Castes it can be included in that category by following the procedure under the Constitution.
334. The caste system as projected by Manu and accepted by the Hindu society has proved to be the biggest curse for this country. The Chaturvarna-system under the Aryans was more of an occupational order projecting the division of labour. Thereafter, in the words of Professor Harold A. Gould in his book “The Hindu Caste System”, the Brahmins “sacralized the occupational order, and occupationalised the sacred order”. With the passage of time the caste-system became the cancer-cell of the Hindu Society.
335. Before the invasions of the Turks and establishment of Muslim rule the caste-system had brought havoc to the social order. The Kshtriyas being the only fighters, three fourth of the Hindu society was a mute witness to the plunder of the country by the foreigners. Mahmud Ghazni raided and looted India for seventeen times during 1000 AD to 1027 AD. In 1925 AD Mahmud Ghazni raided the famous temple of Somanath. How he plundered the shrine is a matter of history. Thereafter between 1175 AD and 1195 AD Mahmud Ghazni invaded India several times. According to the historians one of the causes of the defeat of the Indians at the hands of Turks was the prevalent social conditions especially the caste system of Hindus.
336. Mr. L. P. Sharma in his book ‘Ancient History of India’ writes that the prevalent social conditions, practice of untouchability and division of society by the caste-system among others were the causes of defeat of Rajputs at the hands of Turks. Mr. Sharma quotes various other historians in the following words :
“Dr. K. A. Nizami, has also pointed out that the caste system weakened the Rajputs militarily because the responsibility of fighting was left to a particular section of the society i.e. the Kshatriyas. He writes, “The real cause of the defeat of the Indians lay in their social system and their invidious caste distinctions, which rendered the whole military organisation rickety and weak. Caste taboos and discriminations killed all sense of unity-social or political.” Dr. K. S. Lal also writes that, “It was very much easy for the Muslims to get traitors from a society which was so unjustly divided. This was one of the reasons why all important cities of north India were lost to the invader (Muhammad of Ghur) within fifteen years”. Dr. R. C. Majumdar writes, “No public upheavel greets the foreigners, nor are any organised efforts made to stop their progress. Like a paralysed body, the Indian people helplessly look on, while the conquerors march on their corpse.”
337. The Hindus did not learn lesson from the invasions of the Turks and continued to perpetuate the caste system. In the middle of 15th century major part of north India including Delhi came to be occupied by the Afghans of Lodi. Ultimately Babar established the Moghul rule in India in 1526. After the Mughals the Britishers came and ruled this country till 1947.
338. This country remained under shackles of slavery for over one thousand years. The reason for our inability to fight the foreign rule was the social degeneration of India because of the caste-system. To rule this country it was not necessary to divide the people, the caste-system conveyed the message “Divided we are – come and rule us”.
339. It was only in the later part of 19th century that the national movement took birth in this country. With the advent of the 20th century Mahatma Gandhi, Jawahar Lal Nehru along with other leaders infused national and secular spirit amongst the people of India. For the first time in the history of India caste, creed and religion were forgotten and people came together under one banner to fight the British rule. The caste-system was thrown to the winds and people from all walks of life marched together under the slogan of ‘Quit-India’. It was not the Kshatriyas alone who were the freedom fighters — whole of the country fought for freedom. It was the unity and the integrity of the people of India which brought freedom to them after thousand years of slavery. The Constitution of India was drafted in the background of the freedom struggle.
[1] This article is an excerpt from the judgment of Indira Sawhney v Union of India 1993 (1) SCT 448