Gavin Howe
India's caste system is one of the world's oldest surviving social hierarchies. It divides Hindus into four main categories based on their karma (work) and dharma (religion/duty). While the caste system was abolished in the 1950s, it remains prevalent in Indian society and politics. Caste-based discrimination is illegal in India, and the government has passed affirmative action measures to address historical injustices. However, the implementation of these measures has been controversial, and caste identities remain strong, with inter-caste marriage and social relations still largely shaped by caste.
Characteristics and Values of the Indian Law on the Caste System
| Characteristics | Values |
|---|---|
| Legal recognition of caste | The caste system was recognised by the British colonial government in the 19th century and incorporated into the legal code and colonial administrative practice. |
| Caste-based discrimination | Discrimination on the basis of caste is illegal in India, as per the Indian constitution, which guarantees the right to life, equality, and equal opportunity. However, caste-based discrimination and oppression, particularly against lower castes, continue to exist. |
| Caste and religion | The caste system is deeply entrenched in Hinduism and other religions in India, with each religion having its version of upper and lower castes. |
| Caste and class | Caste is still relevant in Indian society, especially for the poor and less educated, while urban and more educated Indians are better at eradicating caste distinctions. |
| Caste and occupation | Caste has traditionally influenced occupation, with certain jobs being associated with specific castes. |
| Caste and marriage | Inter-caste marriage is becoming more common, but caste still plays a role in marriage choices, with a majority of Indians marrying within their caste. |
| Caste-based affirmative action | India has implemented affirmative action policies, such as quotas in government jobs and educational institutions for lower castes, to address historical injustices and provide equal opportunities. |
| Criminalisation of castes | During the colonial era, certain castes were criminalised and declared to have inherent criminal tendencies, such as through the Criminal Tribes Act of 1871. |
| Caste and politics | Caste identities are still strong and influence political identities and mobilisation. |
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What You'll Learn
- Caste-based discrimination is illegal in India, but it is still prevalent
- Caste affiliation was made more rigid and hierarchical by British colonial rule
- Caste-based affirmative action: quotas for government jobs and educational institutions
- Caste and religion are linked, but casteism also cuts across religious lines
- Caste identities are strong, especially in rural India and in matters of marriage
Caste-based discrimination is illegal in India, but it is still prevalent
India's caste system is one of the world's oldest surviving forms of social stratification, with a history spanning over 3,000 years. The system divides Hindus into four primary hierarchical categories: Brahmins, Kshatriyas, Vaishyas, and Shudras. While caste-based discrimination is illegal in India, it remains prevalent, perpetuated by both historical and contemporary factors.
Historically, the British colonial government played a significant role in solidifying and exploiting the caste system during the Raj. They incorporated caste into their governance structure, granting administrative positions exclusively to the upper castes. The Criminal Tribes Act of 1871, for instance, labelled certain castes as inherently criminal, further marginalizing specific groups. British colonial rulers also used censuses to simplify and rigidify the caste system, making it a defining social feature in India.
In the present day, the caste system continues to influence various aspects of Indian society. In rural areas, caste identities remain strong, impacting marriage choices, social circles, and employment opportunities. Inter-caste marriages, while becoming more common in urban areas, still face opposition. Caste-based political identities further perpetuate the system, creating a cycle where political parties exploit caste identities for their benefit without addressing the underlying issues.
Systemic discrimination against lower castes, particularly the Dalits, persists in access to healthcare, education, and employment. The Indian constitution, while guaranteeing equality and equal opportunity, has struggled to eradicate the deep-rooted biases and privileges associated with caste. The lasting impact of the caste system is evident in the generational wealth disparities between different castes.
While the spread of secular education and increasing urbanization have contributed to a decline in the influence of caste, it remains a divisive force in Indian society. Efforts to address caste-based discrimination, such as affirmative action policies and quotas in government jobs and education for disadvantaged castes, have been implemented. However, the complex interplay between caste, class, and religion continues to pose significant challenges in eliminating caste-based discrimination in India.
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Caste affiliation was made more rigid and hierarchical by British colonial rule
India's caste system is one of the world's oldest forms of surviving social stratification, with roots in the Hindu religion. It divides Hindus into four main categories: Brahmins, Kshatriyas, Vaishyas, and Shudras. Outside of this system are the Dalits or "untouchables". For centuries, caste has dictated almost every aspect of Hindu life, with each group occupying a specific place in a complex hierarchy.
Before British colonial rule, caste affiliation was loose and fluid, with people maintaining multiple community affiliations and social identities. However, under colonial rule, caste affiliation was rigorously enforced, and a much stricter hierarchy was constructed. The British colonial government attempted to simplify India's complex social landscape to create a single society with a common law that could be easily governed. They did this by enumerating castes during their ten-year census and meticulously codifying the system, making it legally rigid. The British constructed new categories and hierarchies, hardening flexible boundaries, and associating these made-up categories with real rights.
The British also passed a series of laws that applied to Indians based on their religion and caste identification. These colonial-era laws created barriers within land-owning and landless castes, with some castes being criminalised and others receiving preferential treatment. For example, the Criminal Tribes Act of 1871 declared that certain castes were born with criminal tendencies, and castes suspected of rebelling against colonial rule were added to this list.
The British colonial conception of caste was intimately tied to their conceptions of race. Colonial administrators used race science to divide Indians into Aryan and Dravidian races, as well as seven castes, with the upper castes deemed racially closest to the British. This racialised hierarchy was used to justify British rule and the dominance of upper-caste elites.
The hardening of caste identities under British rule had a lasting impact on Indian society, and caste identities remain strong today, despite legal bans on caste-based discrimination and the spread of secular education and urbanisation.
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Caste-based affirmative action: quotas for government jobs and educational institutions
India's caste system is one of the world's oldest surviving social hierarchies. The system divides Hindus into four main categories: Brahmins, Kshatriyas, Vaishyas, and Shudras. For centuries, caste has dictated almost every aspect of Hindu life, with each group occupying a specific place in a complex hierarchy.
Historically, the caste system was enforced by the British during colonial rule, with the creation of laws that favoured certain castes and criminalised others. The system was incorporated into the governance structure, with administrative jobs and senior appointments granted only to the upper castes.
In 1950, India's affirmative action programme was launched, making it the oldest such programme in the world. The programme aimed to correct historical injustices and provide a level playing field for those who were traditionally disadvantaged. Quotas were introduced in government jobs and educational institutions for those at the lowest rung of the caste hierarchy, known as Scheduled Castes (SCs) and Scheduled Tribes (STs). In central government-funded higher education institutions, 22.5% of available seats are reserved for SCs and STs (15% for SCs and 7.5% for STs).
Over time, the scope of the quotas has expanded. In 1989, quotas were extended to include the OBCs (Other Backward Classes), which fall between the traditional upper castes and the lowest. In 2019, Prime Minister Narendra Modi's government amended the law to allow a reservation of 10% of seats for the poor or Economically Weaker Sections (EWS), where a family's annual income falls below the taxable limit. This expansion of quotas has been a subject of debate, with critics arguing that it is discriminatory and goes against a 1992 ruling that capped quotas at 50%. However, in 2022, India's Supreme Court upheld the quotas for the poor, stating that reservation on an economic basis does not violate the constitution and should be treated as affirmative action.
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Caste and religion are linked, but casteism also cuts across religious lines
India's caste system is one of the world's oldest surviving social stratification systems. The system divides Hindus into four main categories: Brahmins, Kshatriyas, Vaishyas, and Shudras. These categories are further divided into about 3,000 castes and 25,000 sub-castes, each based on specific occupations. While the caste system was originally for Hindus, today, nearly all Indians identify with a caste, regardless of their religion.
Caste and religion are linked, and Hinduism has been deeply entrenched with the caste system. However, casteism also cuts across religious lines, with each religion having its version of upper and lower castes. For instance, a majority of Jains are members of the General Category castes, while most Buddhists are Dalits. Muslims disproportionately identify with non-Brahmin General Castes or Other Backward Classes.
The caste system was made legally rigid during the British Raj, when the British started to enumerate castes in their censuses and meticulously codified the system. The British colonial government passed a series of laws that applied to Indians based on their religion and caste identification. These colonial-era laws helped create and erect barriers within land-owning and landless castes. For example, the Criminal Tribes Act of 1871 declared that certain castes were born with criminal tendencies, and these castes were added to a criminal castes list.
After gaining independence in 1947, India banned discrimination based on caste and enacted affirmative action policies to uplift historically marginalized groups. However, the system continues to be practiced, and caste-based discrimination, segregation, violence, and inequality persist. While caste identities have somewhat declined with urbanization and secular education, they remain strong, and last names are almost always indicative of a person's caste. Inter-caste marriages are becoming more common, but they are still considered taboo by many, and political parties continue to base their identities on caste.
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Caste identities are strong, especially in rural India and in matters of marriage
India's caste system is one of the world's oldest surviving social stratification systems, dividing Hindus into hierarchical groups based on their karma (work) and dharma (religion/duty). While the system was initially quite fluid, with individuals able to move between castes, the British colonial government enforced and exacerbated the rigidity of the caste system in India, using it to simplify the country's complexities and create a single society with a common law that could be easily governed.
The caste system divides Hindus into four main categories: Brahmins, Kshatriyas, Vaishyas, and Shudras. Outside of this Hindu caste system are the Dalits or "untouchables". Upper castes were bestowed with privileges, while lower castes were sanctioned repression by privileged groups. For centuries, caste dictated almost every aspect of Hindu life, with rural communities arranged on the basis of caste. Upper and lower castes lived in separate colonies, did not share water wells, and could not marry outside their caste.
Despite growing urbanisation and secular education, caste identities remain strong, especially in rural India. Last names are almost always an indication of what caste a person belongs to. Caste groups continue to vote as a block, and politicians continue to exploit this for electoral gains. In recent years, there have been violent protests by prosperous and politically dominant communities demanding access to caste quotas, claiming that large numbers in their communities are poor and suffering.
Caste is also still a significant factor in marriage, particularly in rural areas. Inter-caste marriages are becoming more common in cities, but in rural areas, where caste segregation is more pronounced, marriage within one's caste is still the norm.
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Frequently asked questions
No, the caste system is not legal in India. The Indian constitution guarantees the Right to life/equality and equal opportunity to everyone. Discrimination on the basis of caste is illegal in India.
Yes, caste discrimination is still prevalent in India. Despite it being illegal, systemic issues and discrimination against lower-caste people still exist. Casteism has also sliced through religious lines, with each religion having its version of upper and lower castes. However, Hinduism has been deeply entrenched with it.
The Indian government abolished untouchability in the Constitution itself and passed laws against caste-based discrimination, introducing several affirmative action measures. Article 17 of the Indian Constitution abolished the practice of untouchability and made its practice a punishable offence. The government has also announced quotas in government jobs and educational institutions for scheduled castes and tribes, the lowest in the caste hierarchy.
India's caste system is among the world's oldest forms of surviving social stratification. The system divides Hindus into four main categories: Brahmins, Kshatriyas, Vaishyas, and Shudras. It is generally accepted to be more than 3,000 years old. Before colonial rule, caste affiliation was quite loose and fluid, but the British enforced caste affiliation rigorously and constructed a much more strict hierarchy.
