Justice P.B. Sawant[1]
475. It is further not correct to say that the caste system is prevalent only among the Hindus, and other religions are free from it. Jains have never considered themselves as apart from Hindus. For all practical purposes and from all counts, there are no socially and educationally backward classes in the Jain community for those who embraced it mostly belonged to the higher castes. As regards Buddhists, if we exclude those who embraced Buddhism along with Dr. Ambedkar in 1955, the population of Buddhists is negligible. If, however, we include the new converts who have come to be known as Nav-Buddhists, admittedly almost all of them are from the Scheduled Castes. In fact, in some States, they were sought to be excluded from the list of Scheduled Castes and denied the benefit of reservations on the ground that they had no longer remained the lower castes among the Hindus qualifying to be included among the Scheduled Castes. On account of their agitation, perverse reasoning was set right and today the Nav-Buddhists continue to get the benefit of reservation on the ground that their low status in society as the backward classes did not change with the change of their religion. As regards Sikhs, there is no doubt that the Sikh religion does not recognise caste system. It was in fact a revolt against it. However, the existence of Mazhabis, Kabirpanthis, Ramdasias, Baurias, Sareras and Sikligars and the demand of the leaders of the Sikhs themselves to treat as Scheduled Castes could not be ignored and from the beginning they have been notified as a Scheduled Caste (See : pp. 768-772 of Vol. I and p. 594 of Vol. IV of the Framing of India’s Constitution – Ed. B. Shiva Roa), As far as Islam is concerned, Islam also does not recognise castes or caste system. However, among the Muslims, in fact there are Ashrafs and Ajlafs, i.e., high born and low born. The Census Report of 1901 of the Province of Bengal records the following facts regarding the Muslims of the then Province of Bengal :
“the conventional division of the Mahomedans into four tribes – Sheikh, Saiad, Moghul and Pathan – has very little application to this Province (Bengal). The Mahomedans themselves recognise two main social divisions, (1) Ashraf or Sharaf and (2) Ajlaf. Ashraf means ‘noble’ and includes all undoubted descendants of foreigners and converts from high caste Hindus. All other Mahomedans including the occupational groups and all converts of lower ranks, are known by the contemptuous terms, ‘Ajlaf, ‘Wretches’ or ‘mean people’ they are also called Kamina or Itar, ‘base’ or Rasil, a corruption of Rizal, ‘worthless’. In some places a third class, called Arzal or ‘lowest of all’, is added. With them no other Mahomedan would associate and they are forbidden to enter the mosque and to use the public burian (burial) ground.
Within these groups there (sic.) castes with social precedence of exactly the same nature as one finds among the Hindus.
1. Ashrat or better class Mahomedans.
(i) Saiads, (ii) Sheikhs, (iii) Pathans, (iv) Moghul, (v) Mallik, (vi) Mirza.
2. Ajlaf or lower class Mahomedans.
(i) Cultivating Sheikhs, and other who were originally Hindus but who do not belong to any functional group, and have not gained admittance to the Ashrat Community e.g. Pirali and Thakrai, (ii) Darzi, Jolaha, Fakir and Rangrez, (iii) Barhi, Bhathiara, Chik, Churihar, Dai, Dhawa, Dhunia, Gaddi, Kala, Kasai, Kula, Kunjara, Laheri, Mahifarosh, Mallah, Naliya, Nikari, (iv) Adbad, Bako Bediya, Bhat, Chamba, Dafali, Dhobi, Hajjam, Mucho, Nagarchi, Nat, Panwaria, Madaria, Tuntia.
3. Arzal or degraded class. Bhanar, Halalkhor, Hirja, Kashi, Lalbegi, Mangta, Mehtar.
The Census Superintendent mentions another feature of the Muslim social system, namely, the prevalence of the ‘Panchayat system.’ He states :
“The authority of the Panchayat extends to social as well as trade matters and… marriage with people of other communities is one of the offences of which the governing body takes cognizance. The result is that these groups are often as strictly endogamous as Hindu castes. The prohibition on inter-marriage extends to higher as well as to lower castes, and a Dhuma, for example, may marry no one but a Dhuma. If this rule is transgressed, the offender is at once hauled up before the panchayat and ejected ignominiously from his community. A member of one such group cannot ordinarily gain admission to another, and he retains the designation of the community in which he was born even if he abandons its distinctive occupation and takes to other means of livelihood thousands of Jalahas are butchers, yet these are still known as Jolahas.”
[See : pp. 218-220 of Pakistan or Partition of India by Dr. B. R. Ambedkar.)
476. Similar facts regarding the then other Provinces could be gathered from their respective Census Reports. At present there are many social groups among Muslims which are included in the list of Scheduled Castes in some States. For example, in Tamil Nadu, Labbais including Rawthars and Marakayars are in the list of Scheduled Castes. This shows that the Muslims in India have not remained immune from the same social evils as are prevalent among the Hindus.
477. Though christianity also does not recognise caste system, there are upper and lower castes among Christians. In Goa, for example, there are upper caste Catholic brahmins who do not marry christians belonging to the lower castes. In many churches, the low. caste christians have to sit apart from the high caste Christians. There are constant bickerings between Goankars and Gawdes who form a clear cut division in Goan Christan society. In Andhra Pradesh there are Christian Harijans, Christian Madars, Christian Reddys, Christian Kammas etc. In Tamil Nadu, converts to Christianity from Scheduled Castes – Latin Catholics, Christian Shanars, Christian Nadars and Christian Gramani are in the list of Scheduled Castes. Such instances are many and vary from region to region.
478. The division of the society even among the other religious groups in this country between the high and low castes is only to be expected. Almost all followers of the non-Hindu religions except those of the Zoroastrianism, are converts from Hindu religion, and in the new religion they carried with them their castes as well. It is unnatural to expect that the social prejudices and biases, and the notions and feelings of superiority and inferiority, nurtured for centuries together, would disappear by a mere change of religion.
[1] This article is an excerpt from the judgment of Indira Sawhney v Union of India 1993 (1) SCT 448