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SOCIOLOGY
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BA. LLB. 5 YR.a (2-SEM)
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COURSEy n
aMATERIAL
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CONTENTS
UNIT - I
1. Caste
2. Class
3. Varna
4. 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
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1. Occupation and Profession,
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2. Distinction between work and Leisure
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3. Division of Laour a
4. Jajmani System
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5. Legal Profession in India: An Introduction a
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UNIT-IV
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a) Meaning of Social Change
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b) Modes of Sanskritization, Westernization, Urbanization
c) Factors of Social Change
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 in India: An Introduction
Unit – IV
Meaning of Social Change, Modes of Sanskritization, Westernization, Urbanization, Factors
of Social Change, aw and Social Change in India
Unit-V
Communalism, Regionalism, Casteism, Social Movements
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UNIT - I
CASTE SYSTEM
The word 'caste' is used in everyday life and we use it to distinguish one person from another. We say that
such and such person belongs to a particular caste. In saying it we generally mean to convey that he is born of
parents or is a member of the family said to belong to a particular caste. In this way caste is a hereditary
group. And in biology the word is used only for descent or heredity.
Ketkar - "A caste is a group having two characteristics:
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1. Membership is confined to those who are born of members and includes all persons so born.'
2. The members are forbidden by an inexorable social law to marry outside the group. The two
characteristics of the caste highlighted in this definite way do not hold water in all cases. Now-a-days
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members of one caste wed members of other caste. Of the predominating characteristics of caste, N. K.
Dutt has mentioned the following: Characteristics of Caste systems.
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a) Members of a caste cannot wed outside their own caste.
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b) There are similar but less strict laws governing the partaking of food with members of other groups.
c) For many castes the occupations are fixed.
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d)
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There are some accepted stratifications among the castes in which the Brahmins have been accorded
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the best place at the top.
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e) Birth determines the caste of the individual for his entire life so long as he is not extradited from it for
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violating its laws. There is no other possible way of transferring from one caste to another.
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f) All occupations are based on the respect of the Brahamins.
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into account the numerous u
dby Dutt is a more comprehensive exposition but this too does not take
This description of the caste system
t definition of caste. The most that can be done is to describe the features
variations presently taking place in the caste system. Actually, it is difficult to
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of the caste systemS
formulate a definite and permanent
in a particular context, since the caste system is undergoing much modification and
transformation. It would not be surprising if castes were eventually reduced to a word 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. Caste is innate
2. There are laws concerning food in the caste
3. Occupations of most castes are determined
4. Caste is endogamous
5. Caste has laws concerning position and untouchables
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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. Traditional Theory
2. Racial Theory
3. Occupational Theory
4. Brahmanic Theory
5. Religious Theory
6. Primitive Culture Theory
7. Evolutionary Theory
Causes of Change in caste system
1. Secular state after India's Independence 1947
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2. Urbanization
3. Industrialization
4. Spread of modern education
5. Social legislation
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6. Awareness among people
Recommended Books
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2.
3.
C. N. Shanker Rao
Vidya Bhushan Sachdeva
Hutton
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Sociology
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An Introduction to Sociology
Caste in India
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4. G. S. Ghurey : Caste, Class and Occupation in India
5. Herbert Risley :
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The People of India
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6. Mayani : Sociology
7. T. K. Oomen : Sociology
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8. D. N. Majumdar : Race and Culture of India
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9. N. K. Dutta : Origin and growth of Caste in India
CLASS
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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 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. Since then 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 that c1asser
are not single entities but are defined in relation to each other.
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
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involves a degree of class consciousness and class conflict. The two main approaches are those of Morx
and Weber.
2. 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.
Definitions of class
1. Ogburn and Nimcoff: A social class is the aggregate of persons having essentially the same social
status in a given society.
2. Lapiere: A social class is culturally defined group that is accorded a particular position or status
within the population as a whole.
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3. Ginsberg: A class is a group of individuals who through common descent, similarity of occupation
wealth and education have come to have a similar mode of life, a similar stock of those ideas, feelings
and attributes and forms of behaviour and attitudes and forms of behaviour and who, on any or all of
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these grounds, meet one another on equal terms as belonging to one group.
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Nature and Characteristics of Social Class
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statues arise in a society as people do different things, engage in c
i. Class- A Status Group: A social class is essentially a status group class related to status. Different
. different activities and pursue different
a the individuals not only physically
vocations. The consideration of the class as a status group makes it possible to apply it to any society
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which has many statuses. The idea of social status separates
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sometimes even mentally.
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ascribed. Birth is not the criteria ofy
Archieved status and not ascribed nstatus: Status in the case of class system is achieved and not
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status. Factors like income, occupation, wealth, education, life style
etc. determine the status of and individual.
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The class systemtis universal: Class is a universal phenomenon. The class system originated in
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modern complete societies of the world.
iv. 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 of one's own class. (2) There is a feeling of inferiority in relation to
those who occupy the higher status in the socio-economic hierarchy (3) There is a feeling of superiority
in relation to those who occupy the lower status in the hierarchy. This kind of feeling develops into class
consciousness and finally results in class solidarity.
v. 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 arises from the degree of 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, purity of race or descent, religion, wealth,
bravery and similar other qualities confer a high degree of prestige on the persons possessing them.
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vi. 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 radical changes in extraordinary circumstances i.e. in the times of wars,
economic, political and social crises and so on.
vii. Mode Obligating: A social class is distinguished from other classes by its customary modes of
behaviour or mode of behaving. This is after 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. 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.
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
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at the most only very mild restrictions are imposed on the upward and downward movement of
individuals in the social hierarchy. However, a completely open class system and a completely closed
class are hypothetical.
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ix. Social class-an economic group: The basis of social classes is mostly economic, but they are not
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mere economic groups or divisions. Subjective criteria such as class consciousness, class solidarity and
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class identification on the one hand and the objective criteria such as wealth, property, income,
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education, occupation etc. on the other hand, are equally important in the class system. We can say that
classes can not be only economic groups. They are something more than that.
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x. Classification of social classes: Sociologists have given classification on the basis of economy
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three categories: (1) Upper class (2) Middle class (3) Lower class. Karl Mar - classified in two classes -
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'haves' and 'haves nots', Bourgeosie and Proletariate.
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xi. Class consciousness: Class system is associated with class consciousness. Class consciousness is
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"the sentiment that characterizes members of their own and other classes. It consists in the realization of
similarity of attitude and behaviour with members of other classes. The meaning of class consciousness
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is integration of persons possessing a similarity of social position and of life channels is transformed into
a common group activity.
Recommended Books
1. C. N. Shanker Rao : Sociology

2. Vidya Bhushan Sachdeva : An Introduction to Sociology
3. Hutton : Caste in India
5. Herbert Risley : The People of India
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VARNA SYSTEM
In Nirukta, Shri Yaskacharya evolved the word 'Varna' from the root "un" giving the meaning of choice or
varna i.e. the meaning of varna is, individual chooses the work according to his nature. 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.
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) (4) Physical labourer class (Shudras).
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.
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Kshatriyas: The government of the state, defence and administration were responsibility of the Kshatriyas.
Vaishyas: The responsibility of vaishayas carried on agriculture, dairy farming and business.
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Shudras: The responsibility of shudras was to serve the other three varnas.
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Division of functions according to Traits: While stating on this subject, this is what Shri Krishna said of
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the Varna system in Gita - I am the one who has created the four varnas according to nature and functions. In
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this way, in the varna system, the division of labour has been effected on the basis of inherent qualities and
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oriental tendencies. Indians have accepted four tendencies common in man: Satvik, Satvik - Rajsik, Rajsik-
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Tamsik and Tamsik. The division of the varna system has been made on the basis of these tendencies. The
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Brahmanis were of Satvik nature, Kshatriyas of Satvik-Rajsika, Vaishyas of Rajsik-Tamsik and Shudras of
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Tamsik. Thus originally in the varna system greater prominence was given to nature and tendencies than to
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birth. It is written in Arthav.a Veda that I do not take a man to be a slave or Arya from his birth, I evaluate him
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from his traits. In the Hindu Dhramshastra it is written that everyone is a shudra at birth, becoming Dwija
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only after Sanskars like upanayan. Being fundamentally based upon quality and tendency does not mean
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that the theory of varna system utterly disregarded the influence of heredity. This theory makes heredity a
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part of varna as is of their tenents. The question of traits and tendencies arises only when some departure
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from 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 spirit. The second place was
given to the protector, the Kshatriyas and the third to the producers the 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 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 system is the decentralization of power.
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Centralization of all powers of society in the hands 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 among
Brahamins, Kshatriyas, 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. The Vaishyas in wealth, and the Shudras 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 position of the different values.
Difference between Caste and Varna
Caste Varna
1. Literal Distinction
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Jati is called from Sanskrit root Jaha Varna means to select or choose i.e. Varna is
Meaning to be born. Thus the meaning of acquired by a person according to his nature.
caste is by birth.
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2. Caste is a fundamental of birth
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Caste system i.e. based on birth here Varna a fundamental of action. A Brahamin
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uneducated Brahamins is respected while is respected under the Varna system only if
highly educated Shudra is looked down.
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he has acquired knowledge and imparts it to
others. .
3. Caste is rigid by nature a
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Endogamy of marriage system is the Varna system was flexible and changing
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basic characteristics of caste system i.e. system. There are many examples of change
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marriage within the caste. in varna and inter varna marriages during
and even after the Vedic periods. Parshuram
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was Brahamin by Birth and Kshatriya by
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action. There are numerous examples of
inter varna marriage.
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Numbers of Caste
In Mahabharat Shantanu was Kshatriya, he
married low born Satayawali:
There is a indefinite number of castes. Varna are four in numer in Rigveda. We find
Ross has put the number of castes at 400 meaning that Brahamin does the work of
on the authority of census report. mouth in giving knowledge. The Kshatriya
is compatible to the arms because he defends
society, the Vaishyas work like the legs in
the production and distribution of wealth
while the Shudras serve society like the feet.
Thus there are four Varnas.
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Recommended Books

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

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The Scheduled Castes (SC) occupy the bottommost rung of the social ladder. They form a major part of the
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Backward or Depressed Classes. They are generally regarded as 'Untouchables' and popularly known as
'Harijans'. According to the Census Report of 1971 the Scheduled Castes constitute 15.04% of the total
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population, their total number being 8.25 crores.
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Early References to Harijans: The 'Harijans' or the Scheduled Caste people were called by different names
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during the early days. For sometime they were kept outside the Hindu social order and referred to as the fifth
group (often as the fifth varna) or the 'Panchamas'. During the Vedic Period they were known as the
'Chandalas'. The Chandalas were considered to be untouchables. The chandalas were the progeny 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 use
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
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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:
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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 may be
noted.
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1. Lowest Status in the Hierarchy - In the Caste hierarchy the Scheduled Castes are ascribed the
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lowest status. They are considered to be 'unholy', 'inferior' and 'low' and are looked down upon by the
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other castes. They have been suffering from the stigma of 'untouchability'.
2.
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Educational Disabilities - The Harijans were forbidden from taking up to education during the
early days. Sanskrit education was denied to them. Public schools and other educational institutions
were closed for them, Even today majority of them are illiterate and ignorant.
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Civic Disabilities, Prevention from the use of Public Places - For a long time the untouchable
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castes were not allowed to use public places and avail of civic facilities such as village wells, ponds,
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temples, hostels, hotels, schools, hospitals, lecture halls, dharamasnalas, choultries etc. They were
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forced to live on the outskirts of the towns and villages during the early days. Even today they are
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segregated from others spatially.
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t - The Harijans also suffer from religious disabilities even today. They are not
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allowed to enterS
b) Religious Disabilities
temples in many places. The brahmins who offer th~ir priestly services to some lower
castes are not prepared to officiate in the ceremonies of the 'untouchable' castes. They 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
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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 upper 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) Political Disabilities- The untouchables hardly participated in the political matters. Political rights
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, the Harijans are yet to become an organised force.
Measures for the Welfare of Scheduled Castes
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The Government of independent India has been trying to uplift the Scheduled Castes and Scheduled tribes
right from its very inception. The Governmental attempts to promote the welfare of the SCs and STs can he
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classified into two group. (A) Constitutional and legislative measures and (B) Other welfare measures and
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programmes.
A) The Constitutional and Legislative Measures

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The Government of India has incorporated some special provisions in its Constitution for the removal of
untouchability and to promote the welfare of SCs and STs. The Constitution ensures the protection of and
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assures the promotion of interests of SCs, ST s and other weaker sections of the population in the fields such
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as (I) political representation, (2) representation in services, (3) economic development, (4) socio-cultural
safeguards and (5) legal support.
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A d justice to one and all.

1. The Preamble of the Constitution of India declares that it assures equality, promotes fraternity,
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t38 and 46 guarantee that the state shall not discriminate between persons on
guarantees liberty and ensures
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2. Articles 15,16, 17,
account of their religion or region and caste or class.
3. Article 15 prohibits discrimination on grounds of religion, caste, 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, Scheduled 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
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(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 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.
12. Article 342 empowers the President to specify the' tribes or tribal communities deemed to be
Scheduled Tribes in a particular State or Union territory.
Legislative Measures For the Removal of Untouchability
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The Government has been taking up the required legislative measures for the removal of untouchability. In
pursuance of the provision of the Article 17 of the Constitution which declares the practice of untouchability
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a punishable offence, the Parliament passed the Untouchability Offences Act, 1955. It was later substituted
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by the Protection of Civil Rights Act, 1976. According to this Act the offences of untoucnability include the
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following
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a Act, 1976"
Offences of Untouchability as per the "Protection of Civil Rights
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1. Committing any kind of social injustice, such as denying access to any shop, restaurant, public
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hospital, educational institution or any place of public entertainment.
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2. Preventing a person, on the grounds of untouchability, from entering a place of worship and offering
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prayers, or from drinking water from a public well or spring.
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t or render services to a person on the grounds of untouchability is an offence
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punishable withS
3. Refusal to sell goods
imprisonment for six months or a fine upto Rs. 500 or both.
4. Enforcing occupational, professional, trade disabilities in the matter of enjoyment of any benefit
under a charitable trust, etc.
B) Other Welfare Measures and Programmes for the Upliftment of Scheduled 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 Central Government
to safeguard the interests of the SCs and 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, 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.
3) Expansion of Economic Opportunities - Government has taken up economic programmes also for the
benefit of SCs and STs. Examples: Landless SC labourers are allotted land. Land reforms have been
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undertaken to bring benefits of land ownership for them. Poor SC farmers are supplied with seeds,
agriculture implements, fertilizers, pesticides, interest-free loans, pairs of bullocks for ploughing, subsidy
for developing dairy farming, poultry farming, piggery, animal husbandry, handicrafts, spinning and
weaving.
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4) Expansion of Employment Opportunities and Reservation- In order to enhance the economic
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position of the SCs and STs the Constitution has provided for the reservation in services. Reservation of jobs
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operates in the all-India Services, Central Government, State Governments, and Government sector.
Reservation exists in all these for the SCs and STs to the tune of 15% and 7.5% respectively.
5) Upliftment of Scheduled Castes through Five-Year Plans - The welfare of the Scheduled Castes (and
STs) has been given special attention in the Five-Year Plans. The size of investment on the special
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programmes has been increasing from plan to plan. The expenditure of Rs. 30.04 crore in the First Plan
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[1951-56] increased to Rs. 79.41 crore in the Second Plan [1956-61], Rs. 100.40 crore in the Third Plan
[1961-66], Rs. 172.70 crore in the Fourth Plan [1969-74], Rs. 296.19 crore in the Fifth Plan [1974-79], Rs.
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1337.21 crores in the Sixth Plan [1980-85], and Rs. 1521.42 crore in the Seventh Plan [1985-90]. I The State
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Governments have also been spending a sizeable amount on the welfare of these people.
t Schemes
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6) A Frief Evaluation of Welfare
· Have these welfare measures really contributed to the upliftment of the SCs? The answer is
somewhat disappointing.
· The Scheduled Castes spend their social energy in sanskritising themselves on the mode of the
locally dominant castes. They do not gain 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.
· 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.
· The reports of the National Commission on Scheduled Castes and Scheduled 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 19,342 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 of the welfare schemes.
· 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.
· 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.
· 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
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trying to fight for their rights. Politically also they are not a single homogeneous entity. Hence their
political bargaining power is comparatively less. However, their political consciousness is growing. The
younger generation among them is becoming more assertive. There is a positive change in the attitude of
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the caste-Hindus towards the SCs. Hence the social distance between the two is gradually getting
narrowed. The social position of the SCs is comparatively better in South India than in North India. In
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Kerala for example, the SCs do not suffer from the traditional type of disabilities. Greater changes are
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expected in their living styles in the years to come.
7) The Scheduled Tribes

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The second largest group of the backward classes of the unprivileged section consists of about 7.42 crores of
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Scheduled Tribes who constitute 8.8 of the total population (1991 Census Report). The Scheduled Tribes,
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generally called tribal people, survived with their unchanging ways of life for centuries. The tribal people
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were the earliest among the present inhabitants of India. They are still in primitive stage and are far from the
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impact of modern civilization. They live in the forest areas, hilly regions, mountainous places and deep
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valleys. They are known by various names such as primitive tribes, animists, jungle people, 'adivasis',
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aboriginals. original inhabitants of India and so on. Dr. Das and Das have referred to them as "submerged
humanity". Gandhiji called them 'Girijans'.
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The 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. 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 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 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 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. D.N. Majumdar: 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.
2) Imperial Gazetteer of India: A tribe is a collection of families bearing a common name, speaking a
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common dialect, occupying or professing to occupy a common territory and is not usually endogamous,
though originally it might have been so" .
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3) Gillin and Gillin: "Atribe is a group of local communities which lives in a common area,
speaks a common dialect and follows common culture."
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Tribal Problems
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The tribals of India are faced with a number of problems among which the following may be noted:
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1) The Problem of Geographic Separation
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The tribals of India are in a way geographically separated from the rest of population. Some of them are
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living in the unapproachable physical area such as deep valleys, dense forests, hills, mountains, etc. It is
difficult for them to establish relations with others, and hence, socially they are far away from the civilized
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world. This kind of physical as well as social isolation or seclusion has contributed to various other
problems.
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2) Cultural 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 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 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 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.
i) Exploitation - The innocence, illiteracy and helplessness of the tribals are exploited by the outsiders. The
British 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, revenue and police officials.
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ii) Unprofitable Agriculture - About 90% of the tribals are engaged in cultivation. The tribals possess
uneconomic holdings because of which their crop yield is very less. A very small percentage of the
population participates in occupational activities in the secondary and tertiary sectors.
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iii) Problems of land ownership- A good portion of the land in the tribal areas has been legally transferred
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to non-tribals. Tribals demand that this land should be returned to them. In fact, the tribals had earlier
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enjoyed much freedom to use the forest and hunt their animals. They are emotionally attached to the forests
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for they believe that their gods and spirits live in forests. The tribals who are "deprived" of their rights to the
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land and forest have reacted sharply to the restrictions imposed by the government on their traditional rights.
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iv) Unemployment and Underemployment - A large number of tribal young men and women are
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unemployed. They are unhappy for they are not able to get jobs that can keep them occupied throughout the
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year. They need to be helped in finding secondary source of income by developing animal husbandry,
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poultry farming, handicrafts, handloom weaving etc.
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v) Non-Availability of Banking Facilities- Banking facilities in the tribal areas are so inadequate that the
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t be enacted so that they may get back their mortgaged land.
tribals have mainly to depend on the money lenders. The tribals, therefore, demand that 'Agricultural
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Indebtness Relief Acts" should
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5) 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 who
are engaged in agriculture, their minor children 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 languages 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 hence 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.
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, 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. 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
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Kolis, Mundas, Khasis, Santals, Naga etc, who fought against the British were branded as "dacoits" and
"robbers". These activities which went on for more than 200 years, alienated many of the tribals and
developed in them separatist tendencies.
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Measures for the Upliftment of Scheduled Tribes
Independent India has been paying due attention to the problems of the scheduled tribes and attempts are
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being made to deal effectively with those problems. Before the independence, the British Government was
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only discussing the issues of tribal development and practically did nothing either to face them or to solve
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them. The only thing the British did was that, they kept the tribals away from the contact of the civilized
people. Through their ''policy of indirect rule"they wanted to protect them from the neighbouring dominant
communities. a
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Tribal Welfare Activities
The tribals constitute a sizeable proportionn

citizens of India and hence promotion y
(8.8%) of the total population of India. The tribals are also the
A d steps in this regard, but also various voluntary organisations have

of their welfare is of equal importance. Not only have the Central and
evinced interest in this task.u

the State Governments undertaken various
t National Memorial Trust, the Indian Red Cross Society, the Vishwa Hindu
Orgainsations such as the Bharatiya A dim Jati Sevak Sangh, the Bhil Seva
K S Mission, The Rashtreeya Swayam Sevak Sangh, etc., carry on welfare activities
MandaI, The Kasturba Gandhi
Parishad, The Ramakrishna
among the tribals. The Government through its Department of Tribal Welfare and through its Five-Year
Plans has been trying to elevate 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 Sabha and State Vidhana
Sabhas) under Articles 330, 332 and 334.
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4) Under Article 19(5) the tribals can own property and enjoy it in any part of the country.
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 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 schemes
of tribal welfare.
9) Article 164 empowers the State Governments to appoint a separate minister to look into the welfare
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of the tribals.
10) Article 46 consists of provisions that protect the economic and educational interests of the tribals.
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11) Article 224 gives instructions to the administration to take special care to protect tribal interests in
"Scheduled Tracts" or "areas".
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12) Article 342 gives power to the President of India to declare on the recommendation of the Governor
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some groups or communities as "scheduled tribes". It also gives details on the basis of which new
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groups could be recommended as "scheduled tribes" entitling them for 'all the constitutional
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benefits.
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2) Economic Programmes and Facilities
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Majority of the tribals are extremely poor and economically backward. Various economic programmes and
projects have been undertaken to improve their economic position.
t Five-Year Plan - The Government spent Rs. 30 crores, Rs. 80 crores, Rs.
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101 crores, Rs. S
1) Development through
172 crores and Rs.257 crores on tribal welfare activities during the 1st, 2nd, 3rd, 4th, and
5th Five-Year Plans respectively.
2) 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.
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.
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5) Agriculture made Stable - The tribals are persuaded to give up their system of "shifting cultivation"
and to settle permanently in a place of their selection by making agriculture 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 provide 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 Bengal, Madhya
Pradesh and Orissa who are engaged in mining industry and of the tribals such as Santals, Gonds,
Khondas and others who are working in tea plantations of Assam.
3) Educational Facilities
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
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tribal areas: Education upto 10th standard has been made completely free for them. The students belonging
to S.T. are getting various concessions such as free tuition, stipends, scholarships, free supply of text books,
stationery and other equipments. In some places mid-day meals are also supplied. Free boarding and lodging
facilities are provided for them, For the S.T. and S.C" 20% of the seats are reserved in technical education
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and relaxation is made in respect of age limit and qualifying marks.
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· There are Ashrama Schools for providing basic education and vocation training for S,T. In these
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schools education and training is given in areas such as agriculture, forestry, animal husbandry, poultry
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farming, bee keeping, handicrafts, etc, There are 600 Ashrama Schools of residential character situated
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in Andhra Pradesh, Gujarat, Himacha1 Pradesh, Tamilnadu, Karnataka, Orissa, Rajasthan and Tripura.
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· Pre-Examination Training Centres for S.C. and S. T. are established in some places to help them to
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appear for UPSC Examinations - (IA.S. and IP.S. Examinations).
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4) Medical Facilities
dprovided for the tribals in the tribal areas. In some places, hospitals are
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Various medical facilities have been
established and in many places mobile hospital facilities have been provided. Many pre\(entive and curative
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measures to combat diseases like malaria, leprosy, forest fever, monkey fever, typhoid, small pox, skin
diseases etc. are undertaken. Medical camps are organised in the tribal areas to enable the 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 Pradesh, Orissa, Gujarat, Kerala, Maharashtra, Tamil Nadu,
Andhra Pradesh, 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 encouragement in this regard. 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 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 be done. The progress achieved in this field is far from 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 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
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attention is to be paid for the over all improvement of the tribals.
Recommended Books
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Recommended Books

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3.
4.
Hutton
G. S. Ghurey
:
:
Caste in India
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Caste, Class and Occupation in India
5. Herbert Risley :
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The People of India
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18
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 which mark 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.
Customs are social habits and through repetition become the basis of an order 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
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primitives. The term 'etiquette' is used for certain customs in the "polite society". "Manners" are customs
that are supposed to be based on the consideration of others in the smaller affairs of social life. 'Conventions'
emphasise common agreement about a custom. "Morals" are customs, the departure from which is of great
concern to the group and unlike certain laws which are also customs do not always carry specific
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punishments. "Traditions" are customs of very long standing. "Laws" are customs having symbolic
significance and emphasising means to ends, "Ceremonies" are customs signalising important events.
Definitions of Custom - According to Bogardus, "Custom refers primarily to m

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practices that have been often
repeated by a multitude of generation, practices that tend to be followed
c of control that have become
followed in the past". Customs and traditions are group-accepted.techniques
simply because they have been
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well-established and are passed along from generation to generation by tradition and usually made
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effectively with social approval".
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rule is supported on the emotional side by
rational element, the recognition,d

emotional dispositions attaching to custom
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what to expect and what is expected
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According to Ginsberg, "Custom in fact is not merely
as
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two
Such,
a prevailing habit but also a rule or norm of action. The
sets of forces. There is firstly, a sentiment or group of
and condemning its breach. In this sentiment there is a
however vague, to the importance of order, and the necessity of knowing
in given situations. Round these there is a cluster of social feelings, and
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the obedience of customary rules, one of the most elementary ways in which the individual 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 accompanied by a corresponding change of
customs. Such a change of 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
19
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. 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, in the same way it is difficult to tell when customs arose.
Mc-Dougall writes, "The ends and purposes of many customs are also in the mists of antiquity. In some
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cases, perhaps, the ends have been never clearly defined in anyone man's mind. The custom may have arisen
as a compromise or fusion between diverse customs, or through some purely instinctive mode of reaction or
through perverted imitation of some foreign model. But, however, and for whatever purpose instituted, a
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custom 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."
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Thus no single rule can be laid down about the origin of custom. Many customs arose to satisfy the
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fundamental needs of man especially those connected with his self preservation, tendencies sex life,
.
procreation and the like. Some of the customs were learnt by imitation from other people, and many of them
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came as adjustments to changing situations. Many a custom still remains, though their usefulness has long
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ceased to exist. They are obeyed more spontaneously because they grow slowly. As long as customs
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spontaneously prevail, they are the strongest ties in building up a social order.
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All customs are not irrational. Some writers have attributed irrationality to customs. But if we go deep into
the genesis of the customs we wouldy
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find that the charge of irrationality to them is not valid. It may be
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admitted that there arc some customs and practices adopted by men which cannot be justified on any
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sprinkling water on sometstone or any other inanimate object or giving food to it, offering 'shradhs' to the
utilitarian or ethical ground. In India a number of such practices may be seen among all communities. Thus
K Sbecause a cat has crossed the path and such many other practices may be said to be
dead, giving up journey
irrational, but all of the customs cannot be said to be irrational. The root of the difficulty is that modern minds
consider only those acts rational which can be logically proved and are calculated acts. This, however, 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 gets 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 many customs of Hindus have been abolished
by statute while others have been greatly reformed as a result of preachings of our saint leaders like Swami
Dayanand and Swami 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 previously. Thus, customs that were once are no
20
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 crust or cake of custom.' 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"
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
S
preserves our culture and transmits it to the succeeding generations, brings people together and develops
social relationships among them. Enemies are turned into friends by custom. It is needless to say that
Hinduism is alive today because of customs. It would have died long ago had not the Hindus been forced to
U
abide by customs. They would have been converted to Islam or Christianity if there had been no Hindu
customs to check the conversion. Customs help in the process of learning. They have already laid out
m
courses of action to meet particular problems. They are the savers of energy. They help in adjustment with
K
many social problems. Customs provide stability and a feeling of security in human society. The language
c
which the child learns, the occupations with which he becomes familiarized, the forms of worship that he
.
follows, the games which he plays - all are offered to him through custom.
a
m
Customs mould personality. Customs play in important part in personality building. From birth to death man
M
is under the influence of customs. He is born out of marriage, a custom; he is brought up according to the
a
customs and when he dies he is given last rites as laid down by customs. Customs mould his attitudes and
ideas.
y n
A d
Customs are universal. There is no country or community wherein customs are not found. In some
u
t Malinowski
communities they arc regarded so sacred that their violation cannot be even thought of. The society wishes
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us to follow them. In primitive society adherence to custom was the general rule and so it is even today
S
among the aboriginal tribes. writes about the Trobriand Islanders: "Whatever might be the case
with any theoretical interpretation of this principle, in this place, we must simply emphasize that a strict
adherence to custom, to that which is done by everyone else, is the main rule of conduct among our natives in
the Trobirands," In India with the spread of western education the observance of customs has loosened, still
the old women folk of the country 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 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'
21
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 by 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 custom. 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.
Recommended Books
S
U
m
o
K
9. N. K. Dutta :
. c
Origin and growth of Caste in India
a
BASIS OF LEGITIMACY
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M a
Authority is legitimate power. Political system is the system of exercising legitimate physical compulsions.
yn
The question which needs an answer is: What is legitimacy and how can it be secured and increased?
A d
Legitimacy - Meaning, Bases and Sources
tu
The ability of a social system to effectively implement its authoritative values in the society, and the support
that a political system, its authority-holders in particular, get from the people depends to a large extent on the
K S
degree of legitimacy that the political system as a whole and the group in power in particular, enjoys. The
effectiveness of a political system as such, depends upon the degree of legitimacy that it has at its back. That
is why each political system has to be legitimate and the people must regard it as legitimate, 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 belongs."
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."
Defining Legitimacy, Robert Dahl observes, "Belief that the structure, procedures, acts, decisions, policies,
22
officials or leaders of government possess the quality or 'rightness', propriety or moral goodness and should
be accepted because of this quality irrespective of the specified content of the particular act in question-is
what we mean by 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 by a particular person, or the exercise of power by a
person or group, either generally or in some specific instance, on the grounds that occupancy or exercise of
powers is in accordance with some generally accepted principles and procedures of confirment of authority.'
How to Judge the Legitimacy of a Political System

1. Nature and level of popular voluntary and active political participation.
2. The degree of support that the Political System habitually receives.
3. Rational attitude of the people towards authority.
4. Respect enjoyed by the power holder.
5. The nature and level of political conflict.
6. The faith of the people in the objectives, goals, values and basic structure of the constitutional
S
system.
7. Credibility of the authority holders and decision-makers.
8. Willing popular support towards the authoritative values being made and implemented by the
authority holders.
Bases of Legitimacy
a)
b)
KU
Max Weber suggests that legitimacy stands based on three different grounds:
. c o
right of those elevated to authority under such rules (Legal Authority).
a
m
Rational grounds-Legitimacy resting on a belief in the legality of patterns of normative rules and the
Traditional grounds-Legitimacy resting upon an established belief in the sanctity of immemorial

traditions and the legitimacy of the status of those exercising authority under them (Traditional
m
M
Authority).
c)
a
Charismatic grounds-Legitimacy resting upon devotion to the specific and exceptional sanctity,
yn
heroism or exemplary character of an individual person, and of the normative order revealed or ordained
by him (Charismatic Authority).
A
Sources of Legitimacy
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tu
d
The legitimacy of a political system or the groups or the group in power, results from three different sources-
(i) Ideology, (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 philosophically. It consists of a set of articulated ideals, end
purposes which help the members of the system to interpret and evaluate the 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 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
23
also use the same or a different ideology to secure legitimacy for their opposition 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.
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.
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, 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 the members and in fostering
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a faith in the ability and qualities (legitimacy) of the authority-holders and the regime.
Further, the role of ideology as a source of legitimacy depends upon both its capacity to enable its adherents
U
to express their needs and wants and its effectiveness as an investment of control of its components and ideas
to move people into action.
m
o
K
2) Structural Sources of Legitimacy - The degree to which the authority holders exercise their roles as
c
parts of various structures successfully and efficiently also acts as a source of legitimacy. The degree of
.
legitimacy attaching to the authorities will vary with the extent to which they are perceived to occupy valid
a
roles in the political structure, to have been selected in accordance with the norms of the regime and to wield
m
their power in the manner prescribed by these norms and by the regime goals. If they are seen to meet the
M
norms of law and procedure their legitimacy gets confirmed.
a
nprocess, his legitimacy gets accepted by the people. The due
Every political system has roles through which authority is exercised. When a person takes up the
y
A
performance of a role through the established
d
performance of role in a just and right manner acts as a source of increase in the legitimacy of authority.
Thus, when an individualt u
K
comes to occupy a role in a legitimate structure, his legitimacy gets confirmed.
S
It is called structural 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 part he is. Personal legitimacy is a strong source of legitimacy. When the
people love, support, and respect the person holding an office, even some violations of the norms and
procedures are well tolerated by the people and the legitimacy of the system remains intact. It was Nehru's
24
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. 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.
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
S
Source of Legitimacy
Objects of Legitimacy I
Ideology
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Moral convictions Moral convictions I-Ideological about regime about the validity Legitimacy of
incumbents of authority role
Structure
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o
K
Regime
c
Personal
Qualities
.
a
m
Overflow from Independent belief
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belief in the validity in the validity of
of the incumbents of authorities a
yn
authority roles to the because of
A
authority roles their personal
(structure and norms)
d
qualities
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l
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Authorities
S
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
25
Nearly all human societies, tribal, peasant or industrial, have laws or legal rules whose scope is coextensive
with human life. In other words, human activity, be it economic, social or political, is controlled by laws or
procedures of various types. 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 on 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 death. 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 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?"
In preliterate societies laws have been orally transmitted and often are inseparable from custom. There is no
S
ground for the assumption of some people that preliterate societies are anarchic or lawless. Extensive data
from Africa, Asia and Australia have shown that tribes are well regulated by taboos, customs, even formal
laws. But the tribes have varied patterns: for example, the rudimentary legal procedure found among the
U
tribes of Polynesia, Melolanesia and Australia stands in contrast to the African tribes (Astranti, Fanti,
Bantu), which have well-defined tribal courts and unwritten but formal rules. In all the tribes, there is a near-
equality before law as classes or castes are almost absent.
m
o ofunitstabooscalledwhichlineages,
K c
Legal control in preliterate societies was exercised primarily by kinship clans,
well as being the basic fabric of society. The tribal chieftain, who.
moieties etc. The normative control was maintained by the strict observance were laws as
a was often exempt from taboos, enforced
m
the conformity of people to them. While internal order was maintained by taboos, inter-tribal relations and
M
customs governed the behaviour of the people. The taboos and customs were rooted in the tribal mythology,
magic and religion. For example, in some primitivea tribes if any male married within the clan, it was
nlike heavy fine or exile was meted out to the offender. In a
considered as clan incest. This act was believed to endanger the whole clan by bringing down upon it
y
A
supernatural retribution. Hence, a sanction
d
preliterate society, whether the law was in relation to a taboo or to a mundane dispute between two disputants
u
t were overlooked, in the larger interests of the community. In sum, in the pre lite
(for example, default in debt payment or physical assault) a collective orientation seemed to prevail.
K
Usually, individual interests
rate societies, threeS
elements were common: (a) an effective internalization of the law, (b) A near absence of
formal agencies such as state and courts, and 9c) hardly any change in law.
In complex ancient civilizations such as Babylonia, Egypt, 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 palm texts for the benefit of posterity. Arnold Toynbee, the
British historian, has called these ancient civilizations "ecumenical" states because 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 vast populace in an impartial manner.
Of these old civilizations, Rome created the most elaborate legal system which enabled it to exercise 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-
26
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. 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 and 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 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
S
disparities is not only possible but also desirable, in view of the modern trend towards equality.
Some Sociological Approaches to Law
U
Durkheim, Karl Marx and Max Weber have made significant observations on law. Durkheim's sociology of
law was tied up with the wider context of transition from simple to complex society. An important index of
m
this transition was that the law which was repressive earlier became restitutive or made reparation to those
K
concerned as society became more complex. In other words, while the law in simple society was based on
c
the principle of stringent punishment, in a complex society it was based on compensatory principle.
.
However, W.J. Chamblis and R.B. Siedman, two American researchers in law, have pointed out that the
a
reverse is true in many instances. In the preliterate society, there is a reciprocal relationship and also a
m
personal tie between members. Hence, compensation for injury is accepted. By contrast, in large impersonal
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societies, repression by state or police is a common occurrence.
a
ntheir privileges and impose their will on the rest of the society.
Karl Marx regarded the legal system of his times as the out come of certain dominant and vested interests.
y
A
Law enabled the dominant groups to preserve
d
Hence, in the communist society of the future, where private interests are replaced by collective goals, both
u
tsocialist states,
state and law would be unnecessary. This future society would consist of guild-like collectivities marked by
K
self-governance or self-regulation. As a critique of capitalist society, Marx's theory of law is notable but in
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practice in the present day there is a considerable concentration of legal authority in state and
repression of those who do not think on the same lines.
Max Weber's theory of law derives from his notion of Rational-Legal Authority. In the study of historical
jurisprudence, he described the gradual ascendancy of the rational-legal principle. The modern formal
organizations (state, judiciary, etc.) are guided 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 (normative) and substantive (operative) aspects of law. What is written into statute books is
27
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 various ways. For example,
in free India, legal abolition of untouchability is an attempt to change a long-standing social norm. Yet it has
not succeeded much due to inadequate social support. Thus there is a reciprocal relationship between law
and society.
It is in order to note that law and social change are related to each 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
respects since 18th century but their social content has undergone marked change. Today property includes
not lands and buildings but also capital and wage, not to speak of intellectual property. This has led to the
interference by formal organizations such as state, trade unions, etc. in dealing with matters of property.
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 stock companies,
S
although they are still formally owned by a few families. Similarly, the rules of contract have remained more
or less the same in industry, but the rise of trade unions has introduced collective bargaining which in fact
intervenes between contracting parties. In other words mere change in statutes is not likely to bring about
U
reforms. The social and economic implications are the touchstone of legal innovation. A populist approach
to law tends to advocate abrupt changes in law and to ignore the evolutionary elements. Therefore, a
cautious approach is necessary.
m
o
K c
Reference Books
.
1. Raymond Aron : Social thinker
a
m
2. Mandelbaum David : Society in India
A M a
Legal System in Modern India - The British rule introduced into India legal organizations not only to
yn
maintain law and order but to protect the colonial interests in the subcontinent. The judicial system
introduced by the British was broadly based on Anglo-Saxon canons of justice in which the obedience to the
d
Rule and Law was emphasized. In due course Anglo-Saxon laws predominated in many civil and criminal
tu
spheres, but in certain social fields such as property inheritance in the family, partition and joint family
K
interests (business, etc.), marriage, divorce, adoption, succession, caste disputes, etc. many of the traditional
S
legal norms were retained. The legislative enactments during British rule introduced some modifications in
the 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.
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
28
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.
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
S
"natives" were required to abide by it or face penalty. Among the participants in the freedom struggle there
was a hope that the legal system in free India would rest on democratic norms. Despite this hope, domination
by the elitist group in post-independent India has continued. People's participation is confined to certain
U
local contexts such as the operation of Panchayat Raj.
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The representatives of people in Parliament and state assemblies wield "delegated authority". They seldom
K
consult their constituents as to whether the proposed laws would be agreeable to them. Of course, in a large,
c
heterogeneous country the participation of people is hindered by demographic and geographic factors. The
.
interest groups of the Western type where people articulate their political needs have not yet emerged in
a
India, except in a few urban centres. For the vast mass of people, modern laws do not seem to promise
m
redemption from economic and social tribulations.
A M
Reference Books
1. Mandelbaum David
2. Upendra Bakshi
tu
:
:
y n
a
d The Crises of the Indian Legal System
Society in India
K S
3. Krishna Ayyer : Law and people
4. T.K. Omman : Sociology
LAW AND PEOPLE SOCIOLOGY
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 dreaded incurring the wrath of elders who were the guardians of the law. In
29
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 birth he suffered 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 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
The Hindu legal texts composed by Manu, Vishnu and others were to some extent based on existing
customs. However, there was an important difference between the customs and the texts. In general customs
were concerned with "what is"; by contrast, the texts dealt with "what ought to be done" to improve human
U
behaviour. On account of this difference, there was often a tension or conflict between the two orders: "texts
and contexts". In the event of a dispute between the two, the king-in-council usually intervened and settled
m
the issue in favour of the texts. At the same time, occasional concessions were made by rulers to the
K
customary point of view. In a sense, both norms and practices were elastic, especially where common people
c
were involved. The legal texts did succeed in establishing a uniform code for India in spite of variant
customs.
.
a
While the texts focussed on the social, religious and metaphysical dimensions, they did not throw much light
m
on commercial or agrarian matters. In these areas, the customs of a group or community were applied to
M
settle a dispute. Likewise, the various trade or craft guilds followed their customary procedures. M.B.
a
Hooker, a Western commentator on Hindu law, describes the difference between the text and the context as
follows:
y n
A d
The rule of Dharma was an ideal system of classification providing a certain view of reality, and it was
u
t out of existence.
toward the attainment of this reality that individual and caste practice was directed. Thus, custom contrary to
K
orthodoxy, would not be followed, at least by the elite, and where such a custom was already in written form
S
it could be, and was, argued Custom was a human and social development, but the texts as
expressed in the Shastras were not directed towards the maintenance of such 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 Sikhs 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 ideas 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 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 liberal laws have become
the dominant force in present-day India. India's freedom has not radically changed this pattern. Even today,
the legislative work is conducted with reference to concepts of Anglo-Saxon 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. For example, a number of private firms committed to
high technology follow an ascriptive practice in selecting the chairman or 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. 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
S
in this country, especially with regard to private property. Legal measures have not reduced the importance
attached to private ownership or private control.
U
The really outstanding problem in Indian society is the crisis in legalism. There is a widespread adoption of
dual standards in law. The rich and powerful sections, politicians, top government functionaries, private
m
businessmen are the ones who flout law because of their privileged position. Tax evasion, manipulation of
K
licences, acceptance of illegal gratification are a few examples of the defiance of law by privileged people.
c
Most of these deviant acts are done covertly and even if exposed by judicial enquiry, little follow-up action is
.
taken against corrupt politicians and bureaucrats. It is ironical that often these people pose as the guardians
of morality in public life.
a
m
M
The socialization of people in regard to impersonal standards and values is incomplete. The Indian citizens
a
still live in the small and limited worlds of family, kinship or caste circles. The disparity between private and
yn
public conduct is often glaring. Thus, a corrupt businessman may be a good family man or strict moralist in
A
private life as if the two separate spheres have no meeting point. In general, there is a low commitment to
d
macro-level or public values and norms in Indian society. In fact, in private circles the government servant
tu
who amasses wealth by unfair means is often regarded as "enterprising" and "successful". Cheating of the
K
governments by a trader does not always generate approbrium in primary groups. Similarly, a government
S
servant or politician who secures jobs for his relatives receives special deference among his kin. It is this
crisis in legal values that the nation must overcome in attempting to implement the constitutional provisions
in spirit as well as the letter of the 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 non-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 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 weak 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
S
the village, the councils functioned effectively because of their quick and public methods of bringing about
justice.
U
With the establishment of the British courts in India, the dispensation of justice underwent a change.
According to Bernard Cohn, an American anthropologist, four discrepancies occurred between the
m
indigenous rural tradition and the British jurisprudence. The first discrepancy was between the villagers'
K
hierarchical view of interpersonal relationship and the British notion of equality before law. As a result even
c
if a lower caste person, particularly an 'untouchable', won his case against the land-owning upper caste
.
person, the harsh reality of the village power politics negated his victory. The landowner enjoyed a powerful
a
position in the village and a remote British ruling could not ensure justice for the 'untouchable', who
m
continued to remain in a subservient position. The second discrepancy was between standard contract.
M
According to official rules, the relation between a landlord and a tenant was contractual, limited to the use of
a
land and payment of rent; in personal terms, however, it was a multiple relationship involving reciprocal
n
obligations. Hence, a judgment given in terms of the contract was likely to harm the status relationship.
y
A d
The third discrepancy occurred in terms of the decision itself. Usually, the British courts insisted on clear
the disputing parties; in t u

and firm decisions. By contrast, the caste and the village councils tried to bring about a compromise between
K
this mode of decision there were no winners or losers but only parties to an
agreement. In otherS words, the disputants did not lose "face" when a judgment was given. This was an
important aspect of social life and one that was more acceptable than the rigid British code. 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 get at the root of the problem.
For instance, a land dispute might arise 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 council 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 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. 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 Panchayats or development council, and Nyaya
Panchayat or community for justice. In many states, 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 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 panchayats 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
In recent years, the introduction of Lok Adalats (people's courts) is an attempt to reduce the distance between
people's perception of Law and the state's legal stand. These Lok Adalats have attained a great success in
U
Gujarat. More recently (1986), the Lok Adalats have shown promising results in the Metropolitan Delhi,
where many cases related to accident compensation were settled between insurance companies and the
m
claimants. The guiding principle of the Lok Adalats is the spirit of compromise rather than confrontation. In
K
that sense, they are reviving the method adopted by the caste and village councils, which tried to bring about
c
compromise. In particular, the Lok Adalats are sure to reduce the sense of alienation that exists between the
people and the judiciary.
.
a
m
An intriguing aspect of micro-level judicial process has been the litigation born of factional rivalry. The
M
winning party in the village feels a glow of pride, if the opposing faction has lost the case. The limited
a
surplus of the village money is often squandered on lawyers and court fees. Thus, unintentionally the SLS
yn
has become a partner in the factional struggles of the village. Also, excessive delays in judicial settlement are
A
marked in the state legal system.
d
tu
III) Tribal Judicial System - India has a large number of tribes in the North-Eastern, Central and South-
K
Central regions. The tribes of the North-East are of libeto-Burmese stock and mainly animistic. In the
S
Central and South-Central regions the tribes are of Austro-Asiatic stock and follow an animistic religion.
However, many tribals in the north-east are Christians, while many in the South-Central 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. By contrast, the castes have many non-kinship ties, as for example
in a village where many castes co-exist on the basis of ritual purity. 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, 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
S
outsiders such as money-lenders and landowners who were exploitative. Even today there is a resentment
among the tribals against inroads made by outsiders.
U
Composition and Operation of Tribal Councils in India – Reference to tribal councils are scanty in the
publications on Indian Tribes. There are very few analytical studies pertaining to tribal judicial process.
m
However, some notable work has been done by social anthropologists such as G.S. Ghurye, C.V. Furer
K
Haimendorf and B.K. Roy Burman among others. In general, the North-Eastern tribals such as the Dafla,
c
Naga, Khasi and Garo have lineage-based, autonomous tribal councils. In the Daflas society there is no
.
external authority to impose sanctions. In a dispute, might is regarded as right and there are no explicit moral
a
notions such as "guilt", or "sin" which influence the judicial proceedings. When a person is wronged his kin-
m
group comes to his rescue and organizes raids on the other kin-group whose member has offended. If the
M
offender is caught, he is killed as an act of revenge. However, the Dafla often employ a "go-between" who
a
will try to bring about a compromise between the contending parties. In such instances, a compensation is
paid to the aggrieved party.
y n
A d
Although a formal judicial authority is absent among the Daflas, there are some conventions or codes which
u
t ifThethereDaflas,
regulate the conduct of people. When a feud arises, negotiation and settlement are made possible by the use
K
of these conventions. However, is a miscarriage of justice, there is no appellate authority above the
S
tribal kin-group or tribal village. therefore, represent an elementary kind of organization which
is "repressive". In this society there is no impartial judge who can decide a case; the parties in dispute act as
their own arbiters. Also, the winner is lauded even 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 settles disputes and punishes the offenders who disturb 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. 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 of 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 (Pargana) which acts as the
appellate authority. The intervillage panchayat consists of headman from the constituent villages.
Among the munda the headman is called "munda". He is a civil authority and is assisted by pahan who is a
religious functionary. Beyond the village there is the patti or parha which is an intervillage group similar to
the Santhal pargana; usually a parha or pargana consists of ten villages. The Village headman arbitrates in
local disputes; but the appellate authority is the parha council. Among Oraons also there are the munda and
parha mentioned above; besides, 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
S
year and deals with matters of interest to the whole community such as disputes, dates of festivals, guarding
the boundaries of villages, etc. The Hill Maria who are an extensive tribe in Central India have a judicial
organization similar to the Santhals.
U
In sum, the tribal panchayats have some common features which are as follow:
m
o
K
1. In most of the tribes, the ritual and social disputes are still settled by the tribal councils, although
economic disputes are taken to the modern law courts.
. c
a
2. The tribes do not make a clear-cut distinction between sacred and secular institutions. The head of a
m
traditional panchayat often acts as a religious authority.
4.
A M
The introduction of newd
tu
tribals. The tribals are
n
a
3. Previously, consensus was the usual mode of settlement: at present due to modern influences
y
majority decisions have tended to replace it.
judicial practices in the tribal area has led to confusion in the minds of
often unable to understand the new procedures.
5.
K Sleadership is becoming more secular and non-heredirary.

The new tribal
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 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
S
to caste in India.
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
U
occur and therefore we often come across social closure of occupations based on a variety of factors-
religion, language, caste and class in all societies.
m
o
K
Value Orientation towards Work
c
. necessary to work and work was
valued. To live on charity was considered shameful as charity a
Traditionally although occupations were hereditary, it was considered
was extended on personal and familiar basis.
m
M
In contemporary welfare and socialist states, one can opt in and out of work and live at state-defined level of
subsistence receiving 'charity' from impersonal state
a without loss of dignity. However, attitude towards
work weighed across societies.
y n
A dit unfit for thinking. The Roman Philosopher Cicero considered only
The ancient Greeks and Romans viewed work as a burden. The Greek deplored mechanical work as
t u
brutalizing the mind and rendering
agriculture and business as worthy occupations, other occupations were dishonourable as they claimed the
K Sthe original sin through work. Later Hebrew considered it preferable to do manual
soul to the desires of other men, to the thirst for gain. According to the Hebrew, man was obliged to work, and
it was his duty to expiate
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 of this age is "body labour" in the service of others. The tragedy of contemporary Indian society
was the tendency to decry 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, a tax to pay for the required general expenses of 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
With the emergence of peasant societies, i.e. settled agriculture, division of labour and consequent
differentiation based on work and wealth became sharper. According to Thorstein Veblen, the emergence of
leisure class coincides with the beginning of ownership and possession of wealth; inequalities based on
U
wealth 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
m
categories such as those who enjoyed leisure but did not work, those who 'worked' to entertain the wealthy
K
and those who worked to support the wealthy and their leisure pursuits.
. c
The growth of urbanization and industrialization brought about remarkable changes in the life styles of
a
people. With the emergence of socialist and welfare societies and the introduction of shorter working means,
m
the need to organize leisure activities became imperative. The development of mass media and
M
communication such as movies, radio and television may thus be viewed as a response to the massive
a
demand by workers in industrial societies who craved for organized leisure during specified hours. It is
yn
truism that leisure as it exists and is organized today, is the product of industrial society. Industrialization has
A
created not only the spare time but in efficient societies it has endowed the worker with surplus income for
d
discretionary spending. Further, it has also ushered in a new rhythm of life in which specific steps are
tu
devoted to work, to social obligations and to entertainments.
K S
Thus leisure and work are to be seen as two sides of the same coin although the manner in which they operate
varies between societies.
Reference Books
Upendra Bakshi : The Crises of the Indian Legal system Law & People
Krishna Ayyer : Law & People
T.K. Omman : 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, aptitude and the demand of the environment create
the division of labour. Dukheim wrote a book "Division of Labour in Society" 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 looked after the children, cooked, fetched water and 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 solidarity, we find recitative laws.
Modern Occupations
S
The division of labour of the modern industrial system and its system of stratification are closely related to
the modern occupations. The economic role of the occupations is very important in society. Some
occupations do not play the economic role in the general sense such occupations mainly include the role of
U
the priests of various religions. According to Harry M. Johnson modern occupations have the following
characteristics:-
m
o
K
1. Modern occupations tend towards high specialization and skill.
2.
. c
Getting into the modern occupation is the result of the individual's 'achievement'. Theoretically, all
a
occupations are open and can be of body and soul. Early Christians were spiritual and therefore to them
m
the need to improve this world in its material aspect was irrelevant. However, in course of time a worldly
M a
orientation developed among them.
n
ylending.
Thomas Acquinas drew up a hierarchy of occupations and professions - from top to bottom (1) Agriculture
A d
(2) Handicraft (3) Commerce (4) Money
Work emerged as a nationalu

t right and duty and came to be viewed as the foundation from which would arise
K S
profit and ownership of property.
With the emergence of Christian socialism, labourwas declared the foundation of all human progress. 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 for interest are unnatural. Further, 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, it was advocated that each man is given a vocation by God and should
serve it. To change from the one vocation to another and to rise in occupational hierarchy are against 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.
In Hindu mythology not only Saraswati the Godess of learning, but Lakshmi, 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 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. There is Yojna of any occupation provided the doer has 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 such as the doctor's, lawyer's
and engineer's, consultation fee is given instead of salary.
4) Specialization of occupation also means that the place of work and residence are not the
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same.
5) In the lives of the people engaged in modern occupations, a clear line is drawn between
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private time and working hours.
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6) There is a keen competition in the modern occupations. The competition is all the more keen in the
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occupations where there is a provision for promotion through ranks. With promotion are associated higher
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salary, prestige, facilities and rights.
. occupations into professions. These
a
Individualization, education, training and skill have gradually changed
characterized by internal autonomy, special training,m

professions include the roles of the doctor, lawyer, engineer, nurse, teacher and so on. These professions are
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relationship between the professional and the client,
a or degree to enter these professions.
consultation fee instead of salary, and the requisite certificate
y nwith the modern economy have also influenced the nature,
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The occupations and professions associated
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structure and function of the family. The dynamic and competitive nature of the modern professions has
official activities and thet u

changed the structure of the family and it has become nuclear. The distinct division between private and
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philosophy of rise in the standard of living have changed, to a great extent, the
S women.
traditional roles of men and
Reference Books
1. Emile Durkhim : Division of labour

2. Harry M. Johnson : A Systematic Sociology
3. C.N. Shankar Rao : An Introduction to Sociology
5. Raymond Aron : 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 goods 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 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 family or a group of
families with which he has hereditary ties.
The term of Kami or Praja 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
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has changed their status. Oscar Lewis has made an elaborate study of the Jajmani system in India. The
studies that were carried out in different states and provinces reveal that this institution was to be found in
various states of the country. This system was established as a result of provisional relationship between
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various castes. It was the division of labour amongst castes which had been sanctioned by religions and
social tradltions and customs.
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This institution is to be found in India only because the division of the profession and occupation is
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hereditary only. There has been no division from the hereditary professions and this Jajmani system has
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continued in this country for all these years. It has now become an accepted part of the social life.
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Etymological Meaning of Jajmani
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The word "jajmani" has been derived from the term "jajman" which has been taken from the Sanskrit term
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"yajman". According to Sanskrit terminology, 'yajman' means a person who performs a yojna or hires the
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services of a Brahamin to do it. With the passage of time this term came to be applied to everyone who hired
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services of persons who were prepared to offer those services. That was why a farmer who engaged a
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carpenter or a blacksmith who offered the services was known as praja or kami. The relationship between the
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praja or prajana or kami and the yajona was based on heredity and tradition. The jajman is expected to secure
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a variety of services by various categories of praja or kami and reward their services by making payments.
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Horton & 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.
1. Change in occupation
2. Payment in f6rm of cash
3. Change in economic condition
Reference Books
Dr. Ram Ahuja : Indian Social System
Dr. C.N.Shankar Rao : An Introduction to Sociology
Vidhya Bhushan Sachdeva : An Introduction to Sociology
40
LEGAL PROFESSION IN INDIA
An Introduction
The Legal Profession is an important limb of the machinery for administration of Justice. Without a well-
organized 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 practitioners in these courts. Presumably, it was left to these courts to regulate this matter by
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rules of practice which these courts were authorized to frame. No change was effected in this position when a
fresh Charter was issued in 1753. As has already been pointed out earlier, no organized legal profession
came into being in the Presidency Towns during the period of the Mayor's Courts. Those who practiced law
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were devoid of any legal training or any knowledge of law. They had adopted the profession in the absence
of any thing better to do. Quite a few of these so-called lawyers were the dismissed servants of the Company.
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Supreme Courts
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The first concrete step in the direction of organizing a legal profession in India was taken in 1774 when the
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Supreme Court was established at Calcutta. The Regulating Act, 1773, empowered the Supreme Court to
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frame rules of procedure as it was thought necessary for the administration of justice and due execution of its
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powers. The Supreme Court to approve, admit and enroll such and so many Advocates and Attorneys-at-law,
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as to the court "shall seem meet". "Attorneys of Record" were to be authorized "to appear and plead, and act
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for the suitors" in the Supreme Court. Thus, the persons entitled to practice before the Supreme Court could
be Advocates and Attorneys.
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The Indian Bar Councils Act, 1926
The Indian Bar Councilst u
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Act, 1926 was passed to provide for the constitution and incorporation of Bar
Councils for certainS Courts in British India. The purpose of the Act thus was to unify the various grades of
legal practitioners. The Act could be applied to such other High Court as the 'Governor-general 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 other misconduct.
The Act of 1926 was an improvement on the pre-existing position in so far as it went 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
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 bring about a unified Indian Bar. The Indian legal profession was not satisfied
with what had been achieved by the Act of 1926. 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
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demand for a unified all-India Bar at its inception came mainly, if not wholly, as a protest against the
monopoly of the British Barristers on the Original Sides of Calcutta and Bombay High Courts and the
invidious distinctions maintained between the Barristers and nonBarristers. The sense of unity fondly
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fostered amongst the members of the legal fraternity in India received added stimulus by the political unity
of India brought about by the newly won independence and the establishment of the Supreme Court of India.
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The Committee reported in 1953 and recommended the creation of a unified National Bar. The Committee
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recommended that all grades of legal practitioners be abolished and that one integrated and autonomous all-
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India Bar be formed. There should be a common roll of Advocates who would be entitled to practice in all
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courts in the country. The Committee accordingly suggested compilation and maintenance of one
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comprehensive common roll of Advocates.
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The establishment of a unified All-India Bar necessarily would require the prescription of a minimum
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qualification to be possessed by the Advocates. The Committee suggested that the uniform minimum
qualification for admission to the roll of Advocates should be a law degree from a University obtained after
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at least a two year study of law after graduation.
The Committee was not t u
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in favour of abolition of the dual system (Advocates and Attorneys) wherever it
S as it involved a division of labour and had a number of advantages and did not
prevailed in the High Courts
militate against the ideal of an All-India Bar. The dual system ensured better preparation of the 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, Mukhtars, are still being recruited in 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.
The Commission also agreed with the Bar Committee 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.
The Advocates Act, 1961
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In 1961, Parliament enacted the Advocates Act to amend and consolidate the law relating to legal
practitioners, and to provide for the constitution of State Bar Councils and an All-India Bar Council. It
repeals the Indian Bar Councils Act, 1926, the Legal Practitioners Act, 1879, and other laws on the subject.
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The Act establishes an All-India Bar Council for the first time. The Attorney-General of India and the
Solicitor-General of India are the ex-officio members of the Bar Council of India. Besides, it has one
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member elected by each State Bar Council from among its members. The Council elects its own Chairman
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and Vice-Chairman. The Act creates a State Bar Council in each State. It is an autonomous body. The
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Advocate-General of the State is its ex-officio member, and there are 15 to 25 elected Advocates. These
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members are to be elected for a period of five years in accordance with the system of proportional
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representation by means of single transferable vote from amongst Advocates on the Roll of the State Bar
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Council. The Bar Council of India regulates the content, syllabi, duration of the law degree. Subject to the
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provisions made by the Bar Council, each University can lay down its own provisions and regulations
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concerning the law degree. To perform its functions regarding legal education it is assisted by a Legal
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Education Committee. The finances of the Bar Councils are essentially met out of the enrolment fees of the
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Advocates. Twenty per cent of the fees realized are paid by each State Bar Council to the Bar Council of
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India. Besides, the Bar Councils may receive donations and grants. The qualifications for admission as an
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Advocate are: Citizenship of India, 21 years of age, and LL.B. Degree from an Indian University. A foreign
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national can also be enrolled on the basis of reciprocity if an Indian Citizen is permitted to practice in that
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country. Foreign Law Degrees can also be recognized by the Bar Council of India for the purpose. The
privilege of enrolment as an Advocate has also been extended to the earlier Vakils, Pleaders 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
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 Court is of opinion :hat by virtue
of his ability, experience and standing at the Bar he is deserving of such distinction. 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.
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Originally, the Act had saved the dual system, i.e. Advocates and Attorneys, prevailing in the Bombay and
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 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 practice.
Thus, admission, practice ethics, privileges, regulations, discipline and improvement of the profession are
now all in the hands of the profession itself. The legal profession has achieved its long cherished object of
having a unified Bar on 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.
When the Supreme Court was established on the 26th January, 1950, while the condition often years' prior
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practice in the High Court was maintained in case of Senior Advocates, that for other Advocates it was raised
from 5 to 7 years. In addition, another condition was laid down that such Advocates must hold either a degree
in law of an Indian University or be a member of the English Bar.
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Under the Supreme Court Advocates (Practice in High Courts) Acts, 1951, every Advocate of the Supreme
m
Court was declared entitled as of right to practice in any High Court, whether or not he was an Advocate of
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that High Court. The Act was enacted as a step towards unification of the Bar in India. The Supreme Court
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rules in Ashwini Kumar v. Arabinda Bose by majority that a Supreme Court Advocate could both plead and
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act on the Original Side of the Calcutta and Bombay High Courts. The Court said: "Accordingly, when the
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Legislature confers upon an Advocate the right to practice in a Court, it is legitimate to understand that
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expression as authorizing him to appear and plead as well as to act on behalf of suitors in that Court."
on record.
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of his standing at the Bar.
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Any Advocate enrolled with a State Bar Council is now entitled to practice in the Supreme Court irrespective
In the Supreme Court there exist three categories of advocates Senior Advocates, Advocates and Advocates
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A Senior AdvocateS is one who with his consent may be designated as such if the Supreme Court is of the
opinion that by virtue of ability, experience and standing at the bar he is deserving of such distinction. An
Advocate can become an 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 Calcutta or Bombay and has the right both to act and
plead. Senior and other Advocates have only the right to plead but not to act. A Senior Advocate cannot
appear before the Supreme Court without an Advocate on record or without a junior in any 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 Council of the
State to which they belong." 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. Jain : An outline of Legal History in India
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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". 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
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sense that Davis has written that "Social change can De observed in every society". Describing social
change in detail, Merrill and Eldredge have said, ·Social change means that large number of persons are
engaging in activities that differ from those which they or their immediate forefathers engaged in some time
before. Society is composed of a 'last complex network of patterned human relationships in which all men
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participate. When human behaviour is in the process of modification, this is only another way of indicating
that social change is occurring," Human society is constituted of human beings. Thus whatever apparent
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alteration in the mutual behaviour between individuals takes place is a sign of social change. This fact of
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social change can be verified by glancing at the history of any society. Man is a dynamic being. Hence
society can never remain static. It undergoes constant variation.
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Recommended Books a
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SANSKRITIZATION
The term Sanskritization was used first by M.N. Srinivas to describe the cultural mobility in the traditional
social structure in India. Sanskritization is the process of cultural and social mobility 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 high 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 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. 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
S
values which have found frequent expressions in the vast body of sanskritization, sacred as well as secular.
Karma, Dharma, Paap, Punya, Maya, Sansara and Moksha are examples of some of the most common
sanskrit and logical ideas. These ideas reach the common people through sanskrit myths and stories.
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Sanskritization is the process of cultural and social mobility during periods of relative closure of the Hindu
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social system. It is an endogenous source of social change, from a socio-psychological point.
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Sanskritization is a culturally specific case of the universal motivation toward 'anticipatory socialization' to
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the culture of higher group in the hope of gaining its status in future. The specific sense of Sanskritization
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lies in the historicity of its meaning based on the Hindu tradition. In this respect, sanskritization is a unique
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historical expression of the general process of culturation as a means of vertical mobility of groups.
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The following points made by Srinivas in respect of sanskritization are "to be taken note of:-
a
i)
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Sanskritization is generally accompanied by and afterwards result in, upward mobility for the caste
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in question, but mobility may also occur without sanskritization and vice versa.
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ii)
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t change. That is, a caste moves up above its neighbours, and another comes
The mobility associated with sanskritization results only in positional changes in the system, it does
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not lead to any structural
down but all this takes place in an essentially stable hierarchical order. The system itself does not
change.
iii) Sanskritization is not confined to Hindu castes but also 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
and the unit of mobility was usually a group, not an individual or a family.
iv) Sanskritization can also occur independently of the acquisition of political and economic power. In
such a case, however, 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
47
"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 -
1. Although Brahamanization and sanskritization are at variance with each other, Brahaminazation is
assumed in the wider process of sanskritization.
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2. Secondly, the agents of sanskritization were not always Brahmins. The twice born castes were
prohibited from adopting the customs and rites of Brahamins and Brahamins group was responsible
for this prohibition.
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Since 19th century, westernization is being reflected amongst higher castes. The higher castes having a
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literary tradition found themselves in a favourable position for obtaining the new knowledge. They adopted
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some of the customs and values of western society. This brought about a number of changes in their life style.
Firstly, there is a change in appearance and dress. Such a change marks a gradual weakening of ideas
regarding ritual purity. Further, higher castes were reluctant to take up a new occupation. But due to
economic depression they have now adopted all occupations which previously were prohibited to them.
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Thus there has been general secularization in the caste system. According to Prof. Srinivas "one of the many
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interesting contradictions of modern Hindu social life is that while the Bhrahmins are becoming more and
more sanskritized, in the lower reaches of the hierarchy, castes are taking up customs which the Brahamins
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are busy discarding.
Factors of Sanskritization
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1. Political
2. Economic
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 caste system. The higher and educated people
48
are adopting western mode of living while the lower castes are adopting 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 exposure 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 sanskritlized, these words become frequent in their tasks. These
ideas reach the common people through sanskritic myths and stories.
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
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of those new values and ideals that are found in theological and secular literature. Sanskritization involves
rising high or going up.
Sanskritization in the Indian Rural Society - Rural society has people of different castes living in it. There
U
people of different castes have a culture which is different form one another. Values and the norms of the
members of the higher castes are different from the members of the lower castes. As a result of
m
modernization, education, industrialization and urbanization, people are also adopting ideas and new
o
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values. This is the process of sanskritization. Apart from it this process involves the following things as well
-
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a
1) Adoption of the ways of life of the higher class: In the past the members of lower caste were exploited by
m
the members of the upper caste. They were also deprived of the participation in the way of life of the
M a
members of the upper class. Now because of modernization, the members of the upper caste are leaving their
yn
ways, ideas, customs etc. They are now being adopted by the members of the lower caste. The underlying
feeling in adoption is of "grooming" or "becoming higher". The term "Brahamnization has also been used
A d
for it, but Prof. Srinivas thinks that this is a more appropriate term. It is in fact a process of going up culturally
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of a particular caste or a group.
t - The process of sanskritization was accelerated to the maximum during
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Education and Sanskritization
the British rule. During this period expansion of education took place very rapidly. New values, fraternity,
scientific approaches, morals developed in the society. After independence this process has become more
faster and people are adopting 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 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
49
characteristics of the members of the upper caste. Because of these factors they come nearer to one another.
From the point of view of 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. 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 development of this community feeling of man is not the natural development but of the
culture".
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According to Anderson - The domination over central place and city is the first step of development. In the
second step one community of men keeps link with community. In was in relation, to these outer contacts
m
that communities evolved faster than others and some achieved domination over the others through trade or
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by force or both. In these places of dominance, where people were doing new kinds of work and
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encountering new needs, the process of change moved faster, they grew in size and diversity of action,
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activity and they became holders of power. These dominating places became urban.
a
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Factors Responsible for the growth of cities
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1. Surplus response- Cities grow whenever a society, or a group with-in it, gains control resources
greater than are necessary for the mere sustenance of life.
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2. Industrialization and commercialization.
A d
3. Development of transport and communication.
4. Economic Pull of the city.
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5. Educational and recreational facilities and to understand the events happening in the world outside.
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M.N. Srinivas says that it is necessary "to distinguish conceptually between westernization and two other
processes usually connected with it. Industrialization and urbanization". He gives two 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.
50
Srinivas. Page 47.)
During the 19th century the British slowly laid the foundation of a modern state by 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 upon agriculture for livelihood has steadily decreased and (2)
population of towns and cities has increased over the years. Both the trends indicate 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 found in towns is absent in rural areas. City life creates a personality of its own different from
the one which is the product of rural life.
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Recommended Books
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o
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4. G. S. Ghurey
5. Herbert Risley
:
: The People of India . c
Caste, Class and Occupation in India
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7. T. K. Oomen :
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Sociology
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Factors of Social Change
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What are the factors due to which social relationships undergo constant alterations? Some writers regard
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diffusion to be the main factor of social change while some other writers consider invention in a similar
capacity. Actually, both diffusion and invention have a hand in the change which besets social relationship.
Roughly, the main causes of social change are the following:
1) Cultural Factors - The main cause of social change, in the opinion of Max Weber, is the cultural factor.
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, 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 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 changes society by changing our environments to which we, in turn, adapt. This change
is usually in material environment and the adjustment we make to the changes often modifies customs and
51
social institutions." In this 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 petrol-driven machines for production, the means
of transport and communication and various mechanical appliances 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 aspect of the population, 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
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.
4) Population Factors - Even changes in the quality and size of the population have an effect upon the social
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organization as well as customs and traditions, institutions, associations, etc. Increase and decrease of
population, a change in the ratio of men and women, young and old, have an effect upon social relationships.
Decrease or increase in the population has an immediate effect upon economic institutions and associations.
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The ratio of men to women in a society has great effect upon marriage, the family and the condition of
women in society. In the same way the birth and death rates etc. also influence social change.
m
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5) Environment Factors - The geographists have emphasized the impact of geographical environment
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upon human society Huntington has gone so far as to assert that an alternation in the climate is the sole cause
.
of the evolution and devolution of civilization and cultures. Even if these claims of the geographists are to be
a
discarded, it cannot be denied that floods, earthquakes, excessive rain, drought, change of season, etc., have
m
significant effect upon social relationships and these are modified by such natural occurrences.
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6) Psychological Factors - Gillinand Gillin regard psychological factors as important elements in social
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change. The cause of social changes is the psychology of man himself. Man is by nature a lover of change.
He is always trying to discover new things in every sphere of his life and is always anxious for novel
d
experiences. As a result of this tendency, the mores, traditions, customs, etc., of every human society are
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perpetually undergoing change. This does not mean that man always considers the new to be superior to the
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old. While he is always attending to what is new and unique he also wants to preserve what is old. The form
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of social relationships is constantly changing in the process of interaction between these two tendencies.
New customs and methods which replace the old traditional customs are being formed. Old traditions are
respected but time demands change and adaptation to changing conditions:- Actually change is the law 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, a
majority of the social revolutions take place as a result of the evolution of new way of thinking. 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 changes are introduced by the advent of great men as Gandhi,
Karl Marx, etc.
52
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, economic 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 objectives, structures, forms, importance, functions,
etc., of the family from the early past to the present day. 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, "Social change lies at the heart of the modern world."
Recommended Books
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Law and Social Change
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.of equality existed in ancient India. In
ancient India there was a close connection between law and a
Historically, no universalistic legal system based on the principle
religion. A rule of law was not different from a
mNo uniform standards were applied in providing

rule or religion. It was maintained that all laws were contained in the Dharmshastras. The legal system was
M
justice to people. There was no uniform legala
primarily based on the social position of castes and classes.
n
norm at an all-India level. Local customs and regional
y
practices defined and determined these norms. Another important feature of the ancient legal system was its
A
This characteristic of legal systemd
orientation towards the group. Legal norms applied more to the group as a unit rather than to the individual.
turule that radical transformation took place in the legal and judicial systems of
continued even during the medieval period.
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It was only during the British
the country. The British introduced numerous changes in the traditional legal system. The new legal system
was based 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 produced 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
sati put women to life-long misery and humiliation. These in-human practices were, however, challenged by
social reformers and the British Indian Government responded by enacting several social legislations.
53
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. Another important 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, 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.
Social Legislation in Post-Independent India
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The nature and extent of social change in India has been influenced largely by radical social legislation
introduced after the independence. They pertain to subjects ranging from economy, polity, trade and
commerce to marriage, family and inheritance. Legislations impact upon every aspect of people's lives. The
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number of legislations enacted after the independence is, however, so large that all of them cannot be
discussed here. Therefore, we have selected only some important legislation to highlight their role in social
change.
m
o Constitution, untouchability
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is prohibited and its practice in any form is made punishable. Ac
Laws have been passed to eradicate social evils. Under Article 17 of the Indian
Untouchability (Offences) Act, 1955 was passed later. This Act .

comprehensive legislation called the
a(Scheduled
was further amended as the Protection of
mhas not been fully able to eradicate the practice of

Civil Rights Act in 1976. According to this Act, an untouchable Caste) has access to all public
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places including places of worship. Though this legislation
a
untouchability, it has definitely attacked caste prejudice.
Similarly, a number of laws have beeny

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enacted for the upliftment of women and children. These Acts have
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brought about a perceptible improvement in their position in society. The Special Marriage Act of 1955, the
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t Most of these legislations have further been amended to accommodate more
Hindu Succession Act of 1956 and the Dowry Prohibition Act of 1961 have initiated changes in the very
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structure of Hindu society.
radical and relevantS issues. For example, the Hindu Marriage Act of 1955 was amended in 1976 to provide
the right to a girl to deny marriage before attaining puberty. In fact the original Act itself was 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 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
54
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. 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 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

Hutton : Caste in India
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3.
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9. N. K. Dutta :
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55
UNIT – V
COMMUNALISM
Communication has become one of 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
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between the religious communities.
Definition of “Communalism”
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1) Bipin Chandra “…..the concept of communalism is based on the belief that the religious distinction is
the most important and fundamental distinction and this distinction overrides all other distinctions." H e
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further adds, "Since Hindus, Muslims and Sikhs are different religious entities, their social, economic,
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cultural and political interests are also dissimilar and divergent. As such the loss of one religious group is the
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gain of another group and vice versa. If a particular community seeks to better its social and economic
a
situation. It is doing so at the expense of the other."
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2) Ram Ahuja: " The antagonism practiced by the members of one community against the
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people of other community and religion can be termed as communalism."
community to maintain its identity in ay

3) Robert Melson and Howard Wolpe n: " Communalism is the political assertiveness of a
A dbetween different religious groups. This antagonism goes to "the extent

plural society undergoing modernization."
u
t and deliberately insulting a particular community and extends to looting,
Communalism denotes antagonism
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of falsely accusinQ, harming
burning down the homes and shops of the helpless and the weak, dishonouring women, 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 pre-
independence 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 looked upon the Muslims as untrustworthy and disloyal. In
fact, it interpreted the 1857 movement as an 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,
56
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 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.
1. Communalism considers a particular religious community separate from the rest of the
communities.
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2. It believes that not only religious but also secular interests of that community are separate from
similar interests of other communities.
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3. Communalism believes that the specific interests of the community can be promoted by maintaining
its separate identity and organizing it separately for the promotion of those interests.
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4. Communal interests always super-impose themselves on the national interests.
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5. Communalism breeds mutual distrust and disharmony among the communities. It adopts an attitude
of hostility towards other religious communities.
Communalism treats some citizens not as m
M a citizens but as members of some specific religious

6.
community.
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7. Communalism makes a particular religious community to impose its religious views and social
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norms on the members of
other religious communities
other religious communities also. It denies freedom to the members of
and the right to have their own religious view and social norms. The
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freedom to religious and social matters is also denied 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 of power. It seeks to impose the social and religious norms of the
community on other communities by several means including force, fraud, economic and other
allurements and even assistance from foreign powers.
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.
Awasthi, can be mentioned below.
57
1. COmmunal political parties and organizations that have been fanning the fire of separatism.
2. Minority appeasement policy which the Indian National Congress 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.
6. The economic and educational backwardness found amongst the big minority group that is the
Muslims.
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7. The aggressive Hindu chauvinism championed by a few forces.
8. Political opportunism which is found in almost all the political parties in India and which makes the
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political leaders to give priority to their partisan political interests rather than to the national
interests.
o
m
K cmanner even now. In addition to the

9. "Divide and rule" policy which the British had followed caused lot of damage to our national
above factors mentioned by Prof. Avasthi, we can also list a.few other factors which are continuing to
interest. The same type of policy is continued in a surreptitious
a
mcommunal activities and communal riots in India.
faster the phenomenon of communalism.
10.
11. M
the Christian and t
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Large scale conversion
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technical equipments for fanning the fire
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Role of foreign forces which have been instigating
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y communalism.
The role of these forces in giving training
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to the communal extremists and in supplying sophisticated
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activities taking place in India are also contributing to communalism. Both
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the Muslim minority forces are indulging in these kinds of conversion activities.
These conversions are often made in a forcible manner and sometimes by means of temptations 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.
58
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 communal 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 in one community against another is built around tension and
polarization. The targets of attack are the members of the 'enemy' community. It could thus be said that
communal violence is based mainly on hatred, enmity and revenge.
The incidences of communal riots are steadily increasing in India. Ever since politics came to be
communalized, communal violence has increased 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
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1985-86. All the provinces and all the places are not equally sensitive to communal riots. For example, 61
districts out 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 crore was
U
damaged in communal riots between 1983 and 1986. [Times of India-July 25, 1986]. In the 2086 incidents of
communal riots in 3 years between 1986 and 1988, both the years inclusive, 1024 persons were killed and
m
12352 injured. It is observed that some states are found to be regularly suffering from the problem of
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recurring communal riots.
Some Features of Communal Riots Taking Place in India

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Various studies have been conducted in order to collect enough information about the phenomena of
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communalism and communal riots. A study instituted to go into the major communal riots that took place in
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the country for the last five decades has revealed some special features of the communal riots. They can be
stated below:
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1) Studies of communalism have stated that in most of the instances, the communal riots are found to be
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tcommunalists
politically motivated and not instigated by religious factors. Even the Madan Commission instituted to look
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into the communal disturbances in Maharashtra in May 1970 emphasized that "the architects and builders of
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communal tension are the 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 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.
59
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 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 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 worth crores of rupees
was destroyed.
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 easy task while putting them
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into practice is itself a big challenge. Prof. Ram Ahuja suggests that the problem of communal riots must be
tackled in 2 ways: (A) undertaking immediate remedial measures, and (8) resorting to long term remedial
measures.
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A) Immediate Remedial Measures
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1) Setting up Peace Committees - In the riot-torn places peace committees consisting of the
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respected leaders of the different communities are to be formed immediately after the outbreak of communal
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violence. These leaders must exercise their goodwill on the respective communities and persuade them to
maintain peace and harmony.
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2) Use of New Strategies and Plans by the State - Since rioters are making use of modern sophisticated
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equipments and weapons to spread communal riots everywhere, it is necessary for the state to resort to new
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strategies and plans to hook and book those rioters and instill confidence in the minds of riot-hit individuals
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and innocent people.
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3) Supervision of the Media - The role of the media is very important in the course of communal riots. The
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media should exercise great restraint in spreading rumours and reports of communal riots. The state must
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have strict 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 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 Make the People Free From Communal Frenzies and Passions - It is necessary to
educate the people to become free from communal prejudices, feelings, etc. Steps should be taken to expose
the communalist tendencies of the leaders 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.
3) Protecting the Civil Society from being Communalized- Communal riots grow into new proportions
when supported by people. Sometimes, ordinary people are also drawn into communal carnage. Hence it is
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necessary to see that people do not become the victims of communal strategies of the leaders. It is in this
regard that the intellectuals, writers, journalists, voluntary organizations, freedom fighters and non-
controversial political leaders should take a lead in building up public opinion against communalism and
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communal riots.
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4) Educational System should be Free from Communal Ideas and Ideologies -It is necessary to see that
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importance is given to the development of communal harmony at all levels of education. The young minds
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should not be polluted with the narrow communal ideas. Hence patriotic feelings and sentiments must be
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strongly encouraged. Extra care should be taken in writing and teaching lessons in History. Distorting
historical facts is also unfair.
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5) Role of the Media - This is an era of publicity and propaganda. The electronic media such as television,
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radio, newspaper, etc. must playa very responsible role. They must not be allowed to contribute to
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communal feelings or riots. Communal press must be banned and legal actions must be instituted against
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communal writers.
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6) Ideology that Economic Development by itself brings down Communalism is not Correct Some
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argue that economic development, industrialization, growth of capitalism, and the growth of working class
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would automatically weaken communication. But our experience has proved to be contrary. Unless special
care is taken communal riots cannot be suppressed even in times of economic 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 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 for her people. India stands in no need of conversion from one
faith to another. As early as on 19th January 1928 Gandhiji wrote in "Young India" that we should not 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 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 could 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 have regionalism in
them but when the entire country is one nation regionalism poses a serious threat to national unity and
integration.
What is Regionalism?
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Regionalism is the sense of affection and attachment for people belonging to one's own region and hatred for
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those who belong to some other region. As a result of this, people of one region in India have started looking
at people from some other part of the country in the same light in which they are prone to regard foreigners.
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Causes of Regionalism
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There are many causes at the root of this regionalism in the country, the major ones being the following:
. There is some essential difference
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1) Geographical causes - The main cause of regionalism is geographical.
mand they acquire an attitude of fear and hatred for

between the food habits, language, life, etc. of every region and the people who live there. By virtue of these
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differences they come to regard each other as foreigners
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2) Historical Cause - As has been indicated earlier, there are some historical causes also at the root of
regionalism. For example, there have y
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been some differences between the people of the north and south and
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ever since the time of the Aryans it has continued. Many of the kings of the north have won over the south
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while there have been a few kingdoms in the south which have extended to the northern part of India as
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separated from southern India.
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3) Political cause - But if the situation is carefully and minutely observed, it will be seen that the 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 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 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 development 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
62
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 those-Retention above that promote regionalism. For
example, it is only rarely that one comes across 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 hated by
some people who try to turn them out from their own regions.
Means for the Abolition of Regionalism
The following means can help to end regionalism or at least to dilute it to some extent:
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1) Encouragement to transport and communication - If regionalism is to be c1iminated, the people should be
encouraged to indulge in travel and to increase contact with people belonging to different regions of the
country. Recently, a train of religions hermits toured the country and similarly many farmers belonging to
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Rajasthan traveled all over the country. In India, the tradition whereby people are induced to visit places of
religious importance is a good one in as much as it helps people to travel all over the country and meet
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different people. In going to different corners of the country the people realize that India is a large country by
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encouraging transport and communication in the country.
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2) Propaganda of the National history - The history of the nation should be propagated all over the country
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so that the people may clearly realize that the history of the individual regions of the country is only a part of
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the history of the nation to which all the regions have made an important contribution. The propagation of
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the national history will help to eradicate the sense of regionalism.
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3) Prevention of regional political parties - It is essential for national unity and integration that the
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political parties propagating regionalism and regional interest should be prevented from doing so. If they
indulge in unrestricted campaigns for promoting regional interests they should be declared illegal. Although
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in a democracy every individual has the right to form a political organization in order to express his views yet
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if it tends to liarm the interests of the nation this right should be curbed.
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4) Propagation of the national sentiment - Finally, in order to remove the psychological causes at the root
of 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

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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.
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1. According to D.N. Prasad, " Casteism is loyalty to the caste translated into politics."
2. According to Kaka Kalelkar, "Casteism is an over-riding, blind and supreme group loyalty
that ignores the healthy social standards of justice, fairplay, equity and universal brotherhood.
It is clear from the above that casterism is a blind group loyalty towards one's own caste or sub-caste which
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does nor care for the interests of other castes and their members.
Cause of Casteism
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of which the following may be noted.
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Casteism which exercises a negative influence on the network of social relations is caused by several factors
1) Endogamous Nature of the Caste - Casteism is often the result of restrictions imposed on the marriage
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that takes place in the Hindu society. Each caste and sub-caste is endogomous in nature. It means that
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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 relations are confined to a small circle/section of the people. Individuals are more prone
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to develop their loyalties and admirations to their own caste or sub-caste people. This practice of endogamy
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makes the people to become somewhat narrow-minded.
t Caste Prestige - People belonging to a particular caste or subcaste have the
K Sloyalty to their caste or sub-caste and to become more conscious of its relative
2) Strong Desire to Enhance
tendency of developing
prestige in society. Every member thus tries his level best to see that his caste prestige is 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 and Communication 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 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 caste people as their potential
64
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 has 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.
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 large. Casteism
divides people in the name of caste and encourages intolerance, jealousy, rivalry and conflicts among
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members of the caste. Caste clashes and tensions that arise in society for one reason or another wrecks the
unity of society and damages social harmony.
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2) Dangerous to Democracy - Strictly speaking, caste and democracy cannot go together. Caste is based on
inequality, whereas democracy assures equality and equal opportunities to one and all. Since democracy and
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caste system are co-existing in India clashes between them are inevitable. Indian politics has become very
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much complicated because of the caste interference. Caste plays its role in the processes of selection of
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candidates to the election, electioneering, formation of cabinet distribution of portfolios, and so on. It means
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at every stage in politics caste creates tensions, misunderstandings, infights, rivalries, etc. It is in this way
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national interests are undermined and national unity is underscored.
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3) Encourages Moral Degeneration - Caste ism contributes to the moral fall. It encourages nepotism. It
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makes one go out of the way to help and favour people of one's own caste. People of the same caste also look
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to the caste leaders to favour them in all the situations. This kind of favour damages the moral values and
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encourages corruption.
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4) Casteism Leads to the Negligence of Talents and Efficiency - If candidates are selected and
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appointments are made on the basis of caste, it definitely damages talents, abilities and efficiencies of the
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people. When unwanted and inefficient people are selected for high offices in the name of caste, honesty,
efficiency and duty consciousness become the first 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 of merit and efficiency indirectly
promotes brain-drain.
It is clear from the above that caste ism has dangerous effects on the 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.
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
65
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 advancement 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 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.
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1) Education - Education seems to be the most ideal solution to the problem of casteism. People must be
properly educated about the dangers of practicing casteism. Parents, teachers, elderly people, political
leaders should take precautions against contaminating the young minds with casteism.
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2) Encouragement to Intercaste Marriages - Marital relations represent the most intimate relations
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between men and women. Encouragement and promotion of intercaste marriages will help young men and
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women of different castes to coma closer and to develop healthy relations among them.
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3) Minimum use of the term "Caste" - Necessary precautions must be taken to see that the word "caste" is
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used only in limited context. The young generations must be encouraged to give the least importance to it.
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This is possible only when we make lesser and lesser use of the term "caste."
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4) Promotion of Economic Equality - Wide economic gap is found between the upper caste people and the
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lower caste people. This economic gap widens the social distance and contributes to the development of
caste prejudices. Hence, efforts must be made to provide equal economic opportunities for the lower caste
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people to attain economic prosperity.
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Recommended Books
1.
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C. N. Shanker Rao : Sociology
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
66
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 bring about a
change in certain social institutions or to create an entirely new order.
Social movements are an essential part of 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.
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 occur in society and tend to affect the
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social order it would be permissible to apply the term social movement to all of them.
The main features of social movement
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1) Group consciousness and a sense of belonging is essential for a social movement. This
consciousness is generated through active participation.
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2) The classic concept of social movement implies the creation of an entirely new social economic and
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political order, especially as it concerns the institutions of property and the distribution of power.
3) All major social movements undoubtedly develop more or less.

a consistent set of ideas which its members
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must accept.
4)
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Social movement tends to spread beyonda
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5) A social movement undoubtedly involves
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the boundaries of states or national societies.
ncollective action as distinct from individual action. However
only when the collective action is somewhat sustained as distinct from sporadic occurrence, does it take the
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t in a sufficiently large number of people. Hence a social movement
form of movement. This collective action however, need not be formally organized but should be able to
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create an interest and awakening
essentially involvesSsustained collective mobilization through organization, either informal or formal.
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 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 of a movement is indicative of the dissatisfaction
people have about an unintegrated or ill-integrated 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 movements 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 of 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 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
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must be made to translate it into a programme which calls for collective action. This leads to the birth of the
movement.
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4) The stage of institutionalization of the movement - If the movement becomes successful, then it
destroys itself in its last stage of development when it becomes an institution. "At this point it is no longer
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collective behaviour, because it is organized, follows accepted norms of society and has replaced its
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emotional base with the assumption that change will take time." (Wallace and Wallace). When once, it
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assumes this stage of the institution it begins to bring down the wrath of the people and assures them that
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things would become normal in the course of time and the active life of the movement may come to an end.
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In the stage of institutionalization as Horton and Hunt have pointed out the movement almost becomes
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rationalized. They have said that in an institutionalization stage "as organization take over from early
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leaders, bureaucracy is entertained and ideology and programme become crystallized after ending the action
life of the movement."
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5) The Dissolution stage - Horton and Hunt have spopen of the last stage of social movement, "the
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tdissolution.
dissolution stage". When the movement becomes an enduring organization (like the Indian National
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Congress or the YM.C.A.) it fades away, possibily to be received sometimes later, it can be said to have
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enclosed this last stage of
Types of Social movements in India

Religious movement in India can be broadly divided into three in term of their response to and 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, Arya Samaj etc. and got 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
and revolted against Vedic sacrifices. Buddhism while accepting the essential teaching of the Upanishads
joined hands with Jainism in denouncing Vedic sacrifices and Brahaminism and nonvedic Jainism, in
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propagating 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 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,
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group conversion from Hinduism to other religions is often described as movements. From the above
description it is very clear that religions movement took a lot of changes in the Indian society. Religion is a
very important factor which influences human beings.
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Caste Movements - Protests against Brahaminical supremacy and the tendency to opt out of the mainstream
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of Hinduism either through the formation of new religions and sects or through conversion to other religions
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were known in India since early times. However, by the turn of the 19th century, a qualitatively different type
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of movement, the backward classes movement emerged in different parts of India among the various
depressed caste groups.
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The critical difference between the current caste movements and the erstwhile religious movements is that
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while the latter attacked or opposed Hinduism and wanted its adherents to opt out of the Hindu fold, the
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former beckons its followers to adapt to Hinduism and seek solutions to their problems within its frame-
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work, without rejecting their religion. We can differentiate between three types of caste movements based
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on their good orientation. They may be designated as (a) status mobility movement (b) caste unity
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movements (c) caste welfare movements. However, a particular movement may shift its goal over a period
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of time either because the critical goal is achieved or because it has become redundant or because the goal
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can not be achieved.
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The oppressive as well as elastic character of the caste system and the failure of earlier attempts to escape
caste-based discrimination by opting out of Hinduism seem to have prompted many caste 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 has 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
69
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. Several social
scientists have called attention to these movements of Jusion of sub castes, several of the upper caste
movements ended up by establishing 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
revealed by anti-reservation mobilizations in same states.
S
Tribal Movement - Tribal movements in India have two main geographical and political anchorages,
movements among the encysted tribes of central and eastern India have been making oriented to their
U
betterment within the Indian union and movements among some of the tribes of Northern Eastern frontier
have shown secessionist tendencies. The tribal movement among the encysted tribes may be broadly
m
divided into two types. Those which emphasize the socio-religious aspects and those which turn on the
K
political, political-separatist orientation. The studies on said religions movements suggest that local tribal
c
leader-initiative movements for revitalization, reform or status mobility and a number of factors are in
.
operation for their success or failure. Jharkhand movement is the arch type of the political-separatist
a
movement among the encysted interests in Dihotangpur region and others.
M
The main elements of the distinctiveness of the region and the people are:- (1) The historical/physical
a
isolation of the people till the British conquest, the official colonial policy of non-interference with the
yn
society and culture of the people, the ambivalent policy pursued by the Government of India in perpetuating
A
a sense of isolation and autonomy among the people along with the policy of drawing them into the
d
mainstream of national life (2) the location of the region on the international frontiers Burma, former
tu
Pakistan and present Bangladesh. China which facilitates the acquisition of foreign arms and ammunition,
K
helps in military training programme, extending protection to insurgents by permitting and encouraging the
S
crossing over the national boundaries etc. (3) The nature of the physical terrain which facilitates guerrilla
warfare (4) 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 movement 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
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
70
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 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, 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 others is to do violence to the nature of social reality.
Recommended Books

Hutton : Caste in India
S
3.
U
9. N. K. Dutta :
m
o
UNIT- I
K
QUESTIONS
m
a
. c
1.
2.
3.
4. M
What is class? Is class changingy
A
Write a short notetonu
What is Varna System? Write
n
a
What do you understand by Caste System in India? Is Caste changing into class? Define it.
into caste in modern India? Give reasons.
dthe similarities and differences between Varna and Class.
Caste, Class and Varna and their differentiation.
K S Caste? Write down their problems and the measures taken by the government to
5. What is Scheduled
solve their problems.
6. What is Scheduled Tribes? 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. Write 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?
71
6. Write 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. Write the significance of division of labour in Modern India.
6. Is Jajmani system purely based on division of labour? Why?
7. Write a short note on Legal Profession in India.
UNIT - IV
1. What do you understand by social change? Write various factors of social change.
S
2. What is Sanskritization according to Professor M.N. Sriniwas? Is it upward movement of lower
caste people?
3. What is Westernization according to Professor M.N. Sriniwas? Differentiate between
U
sanskritization and westernization.
4. Law is prime factor for social change in Modern India. Discuss it
m
o
K
5. Write different social legislations which are helpful to social change in Indian society.
. c
UNIT - V
a
m
1. What is Communalism? Give suggestions to eradicate this problem from grass root level in India.
M a
2. Write the origin of Communalism. Is it still existing in Independent India? Give suggestions to
yn
eradicate this problem from grass root level in India.
A d
3. Regionalism is a burning problem in India? Give suggestions to remove this problem.
tu
4. Casteism is a gross-root level social problem. Do you agree? Give reasons
5. What is social movement?
K S
6. Write the different types of social movement in India.
72

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Ketkar - "A caste is a group having two characteristics:

Causes of Change in caste system

1. Secular state after India's Independence 1947

2. Classes as categories which sociologists or social stratification distinguished by applying economic

1. C. N. Shanker Rao : Sociology

Developed Social Order

Difference between Caste and Varna

1. C. N. Shanker Rao : Sociology

SCHEDULED CASTES & SCHEDULED TRIES

The Scheduled Clastes a

Definition of Scheduled Castes

Problems of the Scheduled Castes

Measures for the Welfare of Scheduled Castes

A) The Constitutional and Legislative Measures

A d justice to one and all.

Legislative Measures For the Removal of Untouchability

1) Appointment of a National Commission for the Welfare of Scheduled Castes - A National

7) The Scheduled Tribes

8) Definition and Distribution of Scheduled Tribes

Reference in the Constitution

6) Problem of Health and Sanitation

The tribals constitute a sizeable proportionn

A d steps in this regard, but also various voluntary organisations have

evinced interest in this task.u

2) Establishment of "LAMPS" - Large-sized Multi-Purpose Co-operative Societies:

5) Research Work into the Problems of the Tribals

6) Role of Voluntary Organisations

1. C. N. Shanker Rao : Sociology

Definitions of Custom - According to Bogardus, "Custom refers primarily to m

rational element, the recognition,d

The Social Role of Custom

1. C. N. Shanker Rao : Sociology

How to Judge the Legitimacy of a Political System

Traditional grounds-Legitimacy resting upon an established belief in the sanctity of immemorial

1) Ideology as a Source of Legitimacy - Ideology is a set of principles which explain a particular

Thus, when an individualt u

3) Personality as a Source of Legitimacy-The personality of the authority-holder is always an input of

EVOLUTION OF LEGAL SYSTEM

Some Sociological Approaches to Law

LAW AND PEOPLE SOCIOLOGY

Law as a Means of Social Control - Micro-and Macro-levels in Operation

the disputing parties; in t u

K Sleadership is becoming more secular and non-heredirary.

Occupation and Professions

Work and Leisure

Work emerged as a nationalu

characterized by internal autonomy, special training,m

y nwith the modern economy have also influenced the nature,

official activities and thet u

1. Emile Durkhim : Division of labour

The Indian Bar Councilst u

All India Bar Committee, 1951

The Committee was not t u

Law Commission Report, 1958

The Advocates Act, 1961

Supreme Court Bar

Difference Between Sanskritization and Brahamanization

Urban life in India

mNo uniform standards were applied in providing

Social Legislation in Post-Independent India

Untouchability (Offences) Act, 1955 was passed later. This Act .