Caste - Indian Laws - General

Meaning of word caste The following meanings are given to the word caste in Webster s English Dictionary: (1) a race, stock, or breed of men or animals (2): one of the hereditary classes into which the society of India is divided in accordance with a system fundamental to Hinduism, reaching back into distant antiquity, and dictating to every orthodox Hindu the rules and restrictions of all social intercourse and of which each has a name of its own and special customs that restrict that occupation of its members and their intercourse with the members of the other classes (3)(a): a division or class of society comprised of persons within a separate and exclusive order based variously upon differences of wealth, inherited rank or privilege, profession, occupation... (b) the position conferred by caste standing. (4) a system of social stratification more rigid than a class and characterized by hereditary status, endogamy and social barriers rigidly sanctioned by custom law or religion. For the sake of completeness, we may refer to a few passages from Vasant Kumar to show what does the concept of caste signify? D.A. Deasi, J. defines and describes caste in the following terms: What then is a caste? hough caste has been discussed by scholars and jurists, no precise definition of the expression has emerged. A caste is a horizontal segmental division of society spread over a district or a region or the whole State and also sometimes outside it. Homo Hierarchicus is expected to be the central and substantive element of the caste/system which differentiate it from other social systems. The concept of purity and impurity conceptualises the caste system.... There are four essential features of the caste system which maintained its homo hierarchicus character: (1) hierarchy (2) commensality: (3) restrictions on marriage; and (4) hereditary occupation. Most of the caste are endogamous groups. Intermarriage between two groups is impermissible. But Pratilom marriages are not wholly known. Venkataramiah,J. also defined caste in practically the same terms. He said: A caste is an association of families which practice the custom of endogamy i.e. which permits marriages amongst the members belonging to such families only. Caste rules prohibit its members from marrying outside their caste.... A caste is based on various factors. Sometimes it may be a class, a race or a racial unit. A caste has nothing to do with wealth. The caste of a person is governed by his birth, in a family. Certain ideas of ceremonial purity are peculiar to each caste.... Even the choice of occupation of members of castes was predetermined in many cases, and the members of particular caste were prohibited from engaging themselves in other types of callings, profession or occupations. Certain occupations were considered to be degrading or impure. The Oxford English Dictionary (Volume II): Caste (2) one of the several hereditary classes into which society in India has from time immemorial been divided; the members of each caste being socially equal, having the same religious rites, and generally following the same occupation or profession; those of one caste have no social intercourse with those of another; (3) the system or basis of this division among the Hindoos. According to Webster s Encyclopedic Unabridged Dictionary of the English Language, meaning of the word caste is as follows: Social, an endogamous and hereditary social group limited to persons of the same rank, occupation, economic position etc. and having mores distinguishing it from other such groups, (2) any rigid wealth, hereditary rank or privileges, or by profession or employment, having special significance when applied to the artificial divisions or social classes into which the Hindus are rigidly separated. The word caste is defined in Encyclopedia Americana (5) thus: Caste is a largely, exclusive social class, membership in which is determined by birth and involves particular customary restrictions and privilegs. The word derives from the Portugues casta, meaning breed , race , or kind and was first used to denote the Hindu social system of social distinctions (2) Hinduism, any of the four social divisions, the Brahman, Kshatriya, Vaisya and Sudra, into which Hindu society is rigidly divided, each caste having its own privileges and limitations, transferred by inheritance from one generation to the next (3) any class or group of society sharing common cultural features.... (6) pertaining to characterised by caste; a caste society; a caste system; a caste structure. In Corpus Juris Secundum (14), the meaning of words class and caste is given thus: Caste A class or grade, or division of society separated from others by differences of classification on the Indian subcontinent. While this remains the basic connotation, the word caste is also used to describe in whole or in part social system that emerged at various times in other parts of the world.... INDRA SAWHNEY - 1992 (11) TMI 277 - SUPREME COURT