LAW AND SOCIAL TRANFORMATION IN INDIA

TOPIC: LAW AS AN INSTRUMENT OF SOCIAL CHANGE

Law not only lays down the norms which are acceptable to a given society, it also lays down
the norms, which the society should adopt in the interest of its own welfare. The rules or code
of conduct which a society develops by experience shapes into law for the sake of uniformity,
consistency, performance and sanction. An acceptable norm thus becomes a law. As a society
consists of all kinds of people, there is always a chance of one group of people to be in the
position of authority and dominance due to certain factors like money, power, and status to
rule over the other groups who are relatively weak. This scenario is nothing new for every
society once in a while have experienced such a setup. Not only this but society is subjected
to several other issues as well. Some of the notable being poverty, drug abuse, corruption,
prostitution, rape, lynching, child marriage, acid attacks, child labour, discrimination in the
form of caste, race, colour, gender etc. Law acts as a driving wheel for society to eliminate all
forms of hurdles by bringing legislation and statutes that will help make a difference in the
present and the future society. The society has been through several modifications in the past
years and law has indeed been helpful in bringing changes but let’s not forget that societal
issues are not disappearing completely on the contrary they are accelerating. It is time for
society to utilize the laws that are existing efficiently so that the laws can be effective to bring
about a social change in its true sense. Therefore the solution to the question as to how can
the law be used as an instrument for creating social change lies in the society and its people
itself.
DEFINITIONS OF LAW:
Max Weber- feels that "Law is an order, the validity of which is guaranteed by the
probability that deviation will be met by physical or psychic sanction by a staff specially
empowered to carryout this Sanction"
According to Roscoe Pound, "Law is an authoritative canon of value laid down by the force
of politically organised society."
Austin defined law as "the Command of sovereign, having sanction behind it.
WHAT IS CHANGE?
CHANGE- a difference in anything observed over some period of time.
Change is the rule of society. Society forms its own code of conduct, its norms to be followed
by its members and at times and at many times expects wholehearted compliance and
submission to societal norms as set by the society or its various groups or sub-groups.
DEFINITIONS OF SOCIAL CHANGE:
Lundberg and others "Social Change refers to any modification in established patterns of
inter-human relationship and standards of conduct.
Vidya Bhushan and D.R. Sachdeva observed, "Change is the law of nature what is to-day
shall be different from what it would be tomorrow. The social structure is subject to incessant
change … Society is an ever changing phenomenon, growing, decaying, renewing and
accommodating itself to changing conditions and suffering vast modifications in the course of
time.
According to Davis, "Social change is meant only for such alterations as occur in social
Organisation, that is, structure and functions of Society."
M.D. Jenson, "Social change may be defined as modification in ways of doing and thinking
of people."
The changes in technology, agriculture, dairy, farming, science etc. may not be included in
the term "social change." Social change is limited to alterations in the field of social
relationships. Social relationships are social processes, social patterns and social interactions.
Social change can be (1) modifications or (2) replacements.
For example our ideas about untouchability, women's rights, religion, marriage, sex,
government and same may undergo further modification or replacement in future.
Elements of Social Change:
The word ''social change'' is used in history,politics, economics,and sociology. Social change
is also an issue in social work, political science, history,sociology, anthropology, and in many
social sciences. Social change is being created by revolution, protest,politics, communities,
and by direct action. Elements of social change can be separated as follows.
1. Physical or geographical
2. Biological
3. Economic
4. Cultural
5. Psychological
6. Technical
7. Population
Law as an Instrument of Social Change:
Dynamic Instrument: Law is a really dynamic instrument designed by society for the
purpose of adjustment of sweet human relations by elimination of social tension and
conflicts.
Justice: Justice is the Basic of any society that creates peace and progress. Law is an
instrument for giving of Justice.
Changes shape of the Society: Law changes the society as per societies requirement
also society changes the law through amendment of statutes/Acts etc.
Interpreting the Law: Every session of parliament and state Legislature introduce the Bill to
amend the Act or enact Act on the other hand where any question of facts comes before the
court, the Higher Judiciary is interpreting the law according to the requirement of society.
Security: Security of persons and property of the people its an essential function of the
state and this can be achieved through implementation of law(Criminal law).
Social Change: Social changes are necessary within society for development but this change
can be made by the tool of law.
Law is the Strongest Instrument: Earlier society was based on custom the morals (Right or
wrong).But it is very difficult to clear the hurdle of custom and Moral but as soon as society
replace by the state morality too gets replaced by the law. So Law is the strongest Instrument
to change the custom.
Law as a means of social control:
Two fold objectives of law to serve is, firstly, to keep up stability and afford orderly life in the
society. Secondly, to persuade social change by changing itself according to the needs of the
changing society. Thus , law is an important agency of social control. The society supervenes
the law for bettermost socialization. Rule of law in any constitution is the bedrock for
democracy. By putting fear in th minds of public, the law is a helpful agency for social
control. Law regulates the behaviour of the people in society. Law, by using force, makes the
people conscious about their duties and obligations. Law saves precious and good concepts of
the society. The exploitation of the people is curbed through law. The constitution of India,
criminal , civil laws and other statutes are designed to surmount this goal.
PERSONS WHO MAKE A CHANGE IN SOCIETY THROUGH THE SOCIAL
REVOLUTION
1. Raja Ram Mohan Roy- fight for sati system
2. Ishwar Chandra Vidhyasagar- widow remarriage and women education
3. Guru Nanak Dev- He advocated Hindu Muslim unity, equality, brotherhood and oneness of
God etc
4. Swami Dayanand Saraswati – women education in equal terms
SOCIAL CHANGE THROUGH LAW
India being a diverse nation, has different groups of people living in it and in India, the effect
of the society on the people is comparatively more than other nations for the fact that there
exists a lot of traditions, customs, and cultures in Indian society that influence the public in a
large way. Law has been a very influential instrument for the nation to bring in social change
both in the past as well as in the present. Several judgments have also been passed by the
Indian courts relating to social issues that have made people aware of the laws that are
existing so as to prevent themselves from getting affected by social issues. Some of the social
changes that have been created by law being an instrument of the same have been provided
below.
1. Abolition of slavery and bonded labour system:
To remove slavery from India , there are few legislation who make slavery an offence.
Sections 370 of the IPC- Whoever imports, exports, removes, buys, sells or disposes of any
person as a slave, or accepts, receives or detains against his will any person as a slave, shall
be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine. Section 371 of the Indian Penal Code, 1860- Whoever
habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished
with [imprisonment for life], or with imprisonment of either description for a term not
exceeding ten years, and shall also be liable to fine.
Moreover, Art 23 of the constitution of India protects individuals from the trafficking and
forbid the bonded labour in India. As well as Government of India enacted the Bonded
Labour System (Abolition) Act, 1976 to prohibit the bonded labour in India , Though many
attempts had been taken to curb the issue of bonded labour it could be effectively done only
through the Act.
2. Disallowance Of Child Marriage:
This routine with regards to tyke marriage was passionately found in Indian culture crosswise
over different religious groups. Extreme endeavors were made by numerous reformers it
turned worthless until the point that a law was ordered. The Hindu Child Marriage Restraint
Act was substituted by the restriction of Child Marriage Act 2006. It introduction duced
youngster marriage restriction officer and expanded the energy of family court to choose the
issue under the Act. The demonstration likewise improved the discipline upto two years
thorough detainment or with fine up to Rs 2 lakhs or with both.
3. Right To Free And Compulsory Education:
In 1992 the good Supreme Court proclaimed the privilege to free and mandatory instruction
as a key right in the ambit of 'Ideal to Life' under Art 21 of the constitution. In 2002 the
constitution was changed by embeddings Article 21A to execute the privilege to free and
mandatory instruction of each kid matured between 6–14 years and embedded principal
obligations of parent. In 2010 The Right of Children to Free and Compulsory Education Act
2009 was placed in drive with impact from first April to give free and mandatory instruction
from 1 to eighth standard to each tyke. Along these lines it can be seen that law genius texts
the life of the youngsters.
4. Public Interest Litigation:
The Honorable Supreme Court has received the more extensive approach of the manage of
locus standi to use the activity and arrangement people in general vivacious people to move
the courts to represent the general or gathering interest despite the fact that they may not be
specifically harmed in their rights. The most imperative truth in regards to PIL is that of
unwinding the locus standi idea, any open vivacious per-child can approach the established
courts and could convey to the courts notice of obtrusive infringement of Fundamental Rights
of individuals who are not fit for being moving toward the courts themselves. PIL is an idea
went for expanding the accessibility to equity and structures a piece of sacred law in India.
5. Laws For Rape Victims:
The administration passed the statute on April 21 following across the board dissents after
endeavors by a few pioneers and supporters of the decision Bharatiya Janata Party (BJP) to
safeguard Hindu culprits of the kidnapping, abuse, assault, and murder of a 8-year-old
Muslim tyke in Jammu and Kashmir state. The Criminal Law (Amendment) Act, 2013,
included new classes of offenses with respect to savagery against ladies and young ladies and
made discipline more stringent, including capital punishment for rehash guilty parties.
Compensatory system is also introduced by the Government for the rape victims,
6. Abolition of Sati System
Sati' – meaning burning or burying live of widow along with the corpse of her husband. It
was considered to be a great honor among Hindus to become a sati since ancient times. In
1812 Raja Ram Mohan Roy the Indian social reformer started against these practices. The
practice could not be stopped by the society as it was considered as part of their customs and
traditions. It was law which could control it on 4th Dec 1829. The practice was formally
banned in Bengal presidency lands by governor lord William Bentick by a regulation for
declaring the practice of sati or of burning or burying hindu widows as illegal and punishable
by the criminal courts. In post independent India – sati was not curbed effectively. Legislature
took serious steps by introducing a special law for the treatment of persons who abet sati and
made it exemplary punishable upto death sentence under Commission of Sati Act, 1987. Now
in most areas of India it is a forgotten system. These laws relating to sati, widow remarriage,
child marriage were enacted due to public opinion.
7. Widows Remarriage
The Hindu society prevented remarriage of widows in order to protect their family's honour
and property. It was the efforts of Ishwar Chandra vidyasagar who urged British to pass a
legislation allowing Hindu women to remarry. In pursuance of this The Hindu Widow
Remarriage Act was passed in 1856. Legalising the remarriage of Hindu widows and to
provide legal safeguards against loss of certain forms of inheritance for remarrying a Hindu
widow. Thus it empowered a Hindu widow to live a life.
8. Elimination of Child Labour
Preventing a child from enjoying his childhood is a grave crime. The Factories Act 1881 was
the _rst one of its kind to prohibit employment of child below the age of 7years and working
hours were limited. we have Child Labour (Prohibition and Regulation) Act 1986 which
generalizes the age of child upto 14 years for the purpose of prohibition of child labour.
9. Right to Information – For Effective Governance
It is best and landmark instruments of law regarding social change which started in 1975,
when the honorable Supreme Court upheld that freedom of speech and expression includes
the right to know every public act done in a public way by their public functionaries. Right to
know is implicit in right of free speech and expression and disclosure of information
regarding functioning of the government must be the rule. The Right to Information Act of
2005 has proved to be a strong legislation with good teeth because of effective
implementation of the Act.
10.Female Infanticide
To save the life of girls in India GOI enacted the Pre-Conception and Pre-Natal Diagnostic
Techniques (PCPNDT) Act, 1994. The act banned prenatal sex determination.
Effective implementation of law as an instrument or device of social change should work in
tandem with social and cultural life of people of India. Transformation of social system
according to the need of the times and in accordance with the modes and mores of the people
is a matter of necessity.
11. Muslim Women are entitled for Maintenance: The Supreme court held in the case of
Shah Bano Begum(Mohd.Ahemad Khan V Shah Bano Begum,AIR 1985 SC945) that if the
divorced woman is able to maintain herself, than the husbands liability ceases with the period
of iddat, but if she is unable to maintain herself after the period of iddat she is entitled to
maintenance under section 125 of the CRPC,1973.This lead to controversy to the Muslim
women Act 1986.The court further observed and gave the decision whether spouse belongs to
Hindu,Muslim,Christian,Parsis the CRPC provision are in the nature of secular and apply to
all religion.
12. Law relating to Prisoners: The law says that germs of the crimes are within the society
then why punish the criminals they should be reformed. They should not cease to be a
person.Prisonesrs are entitle to all constitutional rights, reading and writing books in jail, Use
of Parole, Release on Bail etc.
13. Aboliton of Polygamy: Polygamy had existed in India and there was no restriction on the
bigamy except the Mohammend law which prohibited not to marry more than four wives. In
1860 Under IPC bigamy was made a specific offence under section 494 and it was allowed
by the customs.Section 60 of Indian Christian Marriage Act 1872 Prohibited of polygamy.
14. Law and Prostitution: Prostitutes are not criminals but they are victims of the society
and surrounded by criminals world constituting kidnapers,pipms,drug pushers,murderers
etc.The Supreme court issued direction to the Government and social organization to take
appropriate steps to rehabilitate the prostitutes and their children.
15. Recognition of Live-in Relationship: It is true that sexual contact should take place only
between marital partners there is no statutory offence. The Supreme court observed that a
live-in relationship between two consenting adults of different sex does not amount to any
offence even though it may be as immoral.
The relationship between law and social change
The term social change is used in several subjects such as economics, politics, law, and
sociology. This says that social change is influenced by several domains to work out. The
subject of law is the most essential among aloof the above for law is a code that regulates
society. Law is the supreme authority in the hands of the states to regulate what is right and
what is wrong in society. Law is not only present to provide the society with a set of rules
according to which a society should function but also regulations which the society is
supposed to adopt in its own way in order to ensure welfare to the people living there.
Traditionally, the norms that were followed by society to regulate itself in order to infuse the
elements of uniformity, consistency, development in society. The norms that were accepted
by society took the shape of the law. The people of society had to follow the norms in their
everyday life and contravention of which would amount to offence either criminal or civil in
nature. The same pattern is being followed at present as well. The only difference that has
been brought about is the amendments in the existing laws in order to renovate society for a
better look. The relationship between law and society is therefore old and requires nurture
and care in order to keep it lively and fresh.
Several researchers have opinionated that law is the best instrument for regulating social
change but at times it is the social change that becomes a statute itself. Social transformation
takes place due to the presence of several factors in the surrounding. These are the
demographic structure, technological upliftment, change in the ideologies of the people in
society, increase in the welfare of the people in society and so on. It was an American Judge
named Benjamin Cardozo who said that law should not be viewed as a definite instrument
trying to bring in social change but as a flexible instrument of a necessity to bring in the
welfare of the society. This is the essence of the Indian Constitution as well. The forefathers
of the Constitution were clear with the fact that India after receiving independence should not
be subjected to the similar kind of humiliation in any form as it has been for several years
before 1947. The Indian Constitution can, therefore, be one of the citing examples to
showcase how law can be used to bring in social change. Law is a very dynamic subject, and
that helps it to take the shape of its surrounding. A society can, therefore, benefit from this
subject in a lot of many ways.
Theories involved in social change
There are two theories depending on which social change can take place. They are provided
hereunder:
1. Linear theory of social change- This theory of social change states that improvement
and advancement in society take place as society moves to a higher civilization
gradually. Therefore with the transformation of the people in society, society
transforms itself.
2. Cyclic theory of social change- This theory of social change states that the changes
that take place in a society is in a cyclic form and therefore happens again and again.
Therefore this theory terms social change to be continuous in nature without any
period of consistency.
The theories of social change cannot bring in the transformation in the society, therefore,
needs the help of law. What law does is it helps bring these theories to go through procedures
so that they can be implemented. Thus without legal regulations, social movements cannot be
carried out.
Law as a controller of the society
Law can serve society to bring in social change in two different ways which are provided
below:
1. By providing stability in society and maintain an orderly life within the society
2. Bring in social change by changing itself so as to adjust with the demands and needs
of the society and its people.
Both these points conclude that the establishment of the rule of law for any society is
important for any democratic country like India. Rule of law tells that no man can be held to
be above the law of the land and thereby ensures that law is the supreme element that
regulates any society. Law is a helpful agency of the State that brings in a social order that the
people have to abide by in order to avoid unnecessary conflicts that can act as an obstacle for
the overall development of the society. Law can behave as a weapon of the State to create
fear in the minds of the people so that they do not by their actions infringes the law of the
land. Fear is necessary to bring in consciousness and awareness among the public so that they
can think before doing something wrong and in a way protecting the people of the society
from any kind of injustice that will exploit them and their lives.
Law, therefore, makes a society a place worth living. To understand social change, it is
necessary for the public to be familiar with the law as an instrument of social change. Mere
knowledge about the law among the public can bring in vast changes in the way a society
transforms. The second point that has been provided above views law as a source of public
opinion which means the state executing actions as have been asked by the public. An
outstanding example of public opinion being moulded in the jar of law is regarding
the defamation bill that the Rajiv Gandhi government wanted to bring about but subsequently
had removed the idea of doing so as there was opposition from the public’s end regarding the
bill. This says that whenever it is required, public opinion takes the role of law. Thus law can
be adjusted in whichever way the society wants it to be so as to use it as an instrument in
creating a social change.
The Indian Constitution as an instrument for social change
The Constitution of India was brought to force on 26th January 1950 by the Constitution
makers so as to give birth to a transformed India. The Constitution consists of a set of
fundamental rights enshrined in Part III of the Constitution which provides the citizens with
certain rights that are essential to be regulated in order to bring in a sociological change in the
entire nation. Indians had been subjected to oppression for several years before independence
and therefore the Constitution was brought about as a basic statute that will govern the
movement of all other statutes in the country.
Taking into concern the then existing social structure of the country, the constitutional makers
made it sure that the Constitution should not leave out any social aspect that would not come
under the ambit of protection. As have been correctly pointed by the chairman of the drafting
committee of the Constitution, Dr B.R. Ambedhkar, the Constitution of India can be amended
as and when the society calls for it other than the basic structure of the Constitution. This has
also been taken into view when the Supreme Court of India was handling the famous case
of Kesavananda Bharati v.Union of India. It is the fundamental rights that is one of the
ingredients constituting the basic structure of the Constitution. The fundamental rights within
its ambit include certain basic rights that are applicable to every Indian citizen irrespective of
their background.
Social issues like poverty, discrimination, forced labour, untouchability have been deeply
rooted in Indian society for several years. After the Constitution was enforced, these social
issues were taken into the concern to be resolved and it is indeed true that India has overcome
several social problems affecting the people and the nation at large. The Indian Constitution
majorly had been brought about to maintain a balance between individual freedom and
promulgation of social justice in the nation. It can be said that collectively Part III and Part IV
of the Constitution together has been a driving force to bring in a social revolution in the
country and therefore they formed a conscience for the Constitution.
Ways in which law can be used as an instrument for creating social change
Law as an instrument for creating social change can be used in two broad ways namely:
 1. The laws bringing in a change in society
2. The society is bringing in a change in the law
Law changed the society: the laws of the land force the society to be changed according to
the law. When any dispute rises that comes to the Judiciary and on the basis of Rule of law
the judiciary forced the society to change existing customs.
Society Changed the Law: it means law is made by the society according to its Custom.
Ex:By adopting custom and usage. If any law has made by the society I;e Unconstitutional
then declares it is invalid and unconstitutional. Law is an instrument of social changes but
sometimes social changes become the law. (Prohibition of child marriage) In India there are
two main institutions which makes that law changes namely (a) Legislature(by enacting new
Law) ( b) Judiciary (Interpreting according to Rule of Law).As per the Art.368 of Indian
constitution states that any part of the constitution may be amended by adopting proper
procedure except destroying the basic structure of the constitution. Moral has been
transformed by law. In village the new generation were following the instructions of their
parents and elder persons of the village so there is some moral. But in case of Urban Area
there is no meaning of Moral everyone is bothered about their legal rights.
When one says that laws are bringing in a change in the society he or she means that law is
making the society follow it in order to bring in a difference or a change in the atmosphere
that is already in existence. For example, untouchability has been a long drawn social
issue. Article 17 of the Constitution of India declares that untouchability should be
prohibited. Therefore the law in a way brought in a social change by abolishing the social
issue to a great extent. Now if anybody does practice untouchability, he or she will be held
guilty of violating the law of the land. Whereas when the society brings in a change in the law
it means that society is adjusting itself to law the way it wants. Sati was a practice that forced
the wives to be burnt alive along with her dead husband. This custom was mandatory to be
followed among the Hindus. The society brought in reforms to abolish this practice.
Therefore in a way the society brought in a change in the existing law.
Law: the ideal weapon for creating social change
There have been several social aspects that law has concerned and tried to bring a change in.
Justice PN Bhagwati had once said that the responsibility of providing life and infusing blood
into a structure of legislation to create a living element that can meet the needs of the society
lies on the judges. Law as a subject cannot by itself regulate or bring about social change
without the help of the lawmakers. Therefore a way by which law can be used as an
instrument for creating social change is by the judges who are the holders of law. The world
as a whole has been facing certain social hurdles that have been a drawback for the
developments taking place in the world. Before heading towards how the law has been a
driver to the society’s car, it is necessary to be aware of certain social issues for which the law
has actually worked and should work more in order to erase the issue completely from the
world.
Loopholes in the law to make a social change
We have previously dealt with the fact as to how can the law be used as an instrument for
creating social change along with the fact as to how has the law been useful in creating an
impact in society. It is now necessary to pint out the drawbacks of law as an instrument for
creating a social change so that such drawbacks can be taken care of in order to enable law as
an efficient instrument in bringing about a social difference. We have discussed several social
issues that have been controlled by the enforcement of law but have not been removed yet.
As social issues take time to remove, the law should be strong enough to accelerate that
change. Rape laws have been laid down but rapes are not decreasing. Every other day in the
newspaper there will be a rape incident that has taken place. This clearly states that the laws
that are already present are not strong enough to bring about social change. Racial
discrimination and caste discrimination are being faced by the world until today. Protests,
mass gatherings, everything are failing because the laws that are present are not having a
strong root to bring in a social impact. Homosexuality has been brought to the mainstream
but not many accept the same as it goes against the social norms. It is, therefore, necessary to
address these social issues with stronger law enforcement so that people start taking the laws
seriously and carefully.
Conclusion
Coming towards an end of the discussion regarding as to how a law be used as an instrument
of social change, it can be said that law is already an instrument present to bring in a social
change and to be precise it has brought in a lot of social changes but it still has a long way to
go in order to bring in societal transformation.
IMPACT OF SOCIAL MOVEMENTS ON SOCIAL CHANGE
Introduction- Social movement is one of the major forms of collective behavior. The term
was first used by Saint-Simon in France at the turn of the eighteenth century, to characterize
the movements of social protest that emerged there and later elsewhere, and was applied to
new political forces opposed to the status quo. Nowadays, it is used most commonly with
reference to groups and organizations outside the mainstream of the political system. These
movements, often now abbreviated to NSMs (New Social Movements), have in the latter
decades of the twentieth century become an increasingly important source of political change.
In the recent years the study of social movements has attracted the attention of a large number
of sociologists in Nepal, as well as in West. We hear of various kinds of social movements
launched for one or the other purpose. There are movements to demand more and more
reservation for the SCs and STs and other backward classes and there are counter movements
demanding its cancellation or at least the status quo. There are movements to “save
environment”, to “save world peace “. There are movements for and against the construction
of Temple at the disputed different places. There are Fascist Movements, Communist
Movements, Naxalite Movements, Tribal Movements, Peasants’ Movements, Women’s
Movements, Youth Movements, Labor Movements, Civil Rights Movements, Human Rights
Movements, Afforestation Movements, and so on. A social movement is collective effort
to promote or resist change (Horton & Hunt, 1968).
Social movements include two characteristics about which there is considerable agreement
among the sociologists which are as follows:
Collective action - Social movement undoubtedly involves collective action. However, this
collective action, takes the form of a movement only when it is sustained for a long time.
This collective action need not be formally organized. It could be an informal attempt also.
But it should be able to create an interest and awakening in relatively large number of people.
Oriented towards social change - Social movement is generally oriented towards bringing
about social change. This change could either be partial or total. Though the movement is
aimed at bringing about a change in the values, norms, ideologies of the existing system,
eorts are also made by some other forces to resist the changes and to maintain the status
quo. The counter attempts are normally defensive and restorative rather than innovative and
initiating change. They are normally the organized eorts of an already established order to
maintain itself.
Stages of social movement- Social movement involves a few stages in its formation which
are described in the paragraph below;
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, 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. If all the members in a society feel satisfied about everything, there is no chance
for any social movement to emerge. The very presence of a movement indicates that people
are dissatisfied with something or the other.
The 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
charismatic leader with some extraordinary 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 something 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.
The formalization stage - This is the stage in which programs are developed, alliances are
forged, and organizations and tactics are developed. In this stage, a party, organization, or
group of individuals may put forward an alternative vision, world-view or ideology, to
understand analyses and solve a prevailing crisis. Once the ideology gains acceptance among
people, effort must be made to translate it into a program which calls for collective action.
This leads to the birth of the movement.
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 collective, behavior, because it is organized, follows accepted norms of
society, and has replaced its emotional base with the assumption that change will take time.
Theory of social movement
There are three main theories concerning the emergence of social movements. They are: The
relative deprivation theory, the strain theory and the revitalization theory.
The relative deprivation theory - Relative deprivation is a concept which explains that one
feels deprived according to gap between expectations and realizations. The person who wants
little and has little, feels less deprived than the one who has much but expects still more
(Horton & Hunt, 1968).
The strain theory - The strain theory of social movement has been propounded by Smelser
(1993).This theory considers structural strain as the underlying factor contributing to
collective behavior. Structural strain may occur at different levels such as norms, values,
mobility, situational facilities, etc. Because of these structural strains some generalized belief
that seeks to provide an explanation for the strain, may emerge. Both strain and generalized
belief require precipitating factors to trigger off a movement. Smeller’s analysis of the
genesis of social movements is very much within the structural functional framework.
The theory of revitalization - The relative deprivation theory and the strain theory give us
impression that social movements necessarily arise out of negative conditions such as
deprivations and strain .In this context, Wallace (1956) has asserted that social movements
develop out of a deliberate, organized and conscious effort on the part of members of a
society to construct a more satisfying culture for themselves.
Social movements and social problems- Social movements play a very important role in
highlighting some of the social problems. Some undesirable conditions can exist for years or
even centuries before they are recognized as social problems. Slavery, the subordination of
women, untouchability, racial discrimination, communalism, poverty, inequality, pollution
etc., were all generally regarded as either as natural or inevitable, or, as less important, until
social movements drew the attention of the public, mobilized public opinion and campaigned
for change. The degree of success of a social movement determines not only how the social
problem is confronted but also what happens to the movement itself. The interplay of social
problems and social movements produces a typical “life cycle” or “natural history” that often
ends with the disappearance of the movement.
Social movements and social change- Social movements do not necessarily bring solutions
to the social problems. They may champion the cause of social problems but cannot always
promise a lasting solution. Social movements may promise to bring about social change and
they do bring it. But it is not a one way process. Not only do social movements bring about
change, but social change sometimes gives birth to movements. Social change often breeds
social movements, and movements, in turn, breed additional change. In fact, Smeler has
defined a social movement as an organized group effort to generate socio-cultural
change (Rao, 2006).Change is the law of nature. What is today shall be different from what
it would be tomorrow. The social structure is subject to incessant change. Forty years hence
government is due to make important changes. Family and religion will not remain the same
during this period because these institutions are changing. Individuals may strive for stability,
societies may create the illusion of permanence, the quest for certainly may continue
unabated, yet the fact remains that society is an ever changing phenomenon, growing,
decaying, renewing and accommodating itself to changing conditions and suffering vast
modifications in the course of time. Our understanding of it will not be complete unless we
take into consideration this changeable nature of society, study how differences emerge and
discover the direction of change. Our direct concern as sociologists is with social
relationships. It is the change in these relations which alone we shall regard as social change
(Mac Iver & Page, 1959).
Conclusion- Society is not a static element. It is a complex system of movements and counter
movements pulling it in different directions. When this tussle is finally in favor of the
movement, it becomes part of the social structure. A successful movement may become a part
of the social order such as a trade union movement or save environment movement. The
movement may disappear after achieving its goal.It may be concluded that social change
refers to the modifications, which take place in the life patterns of people. It does not refer to
all the changes going in the society. The changes in art, language, technology, philosophy
etc., may not be included in the term social change which should be interpreted in a narrow
sense to mean alterations in the field of social relationships. Social relationships are social
processes, social patterns and social interactions. Thus, social change means variations of any
aspect of social processes, social patterns, interactions or social organization. It is change in
an institutional and normative structure of society.
SOCIAL MOVEMENTS
Various proponents of social movements have introduced from time to time discussion on
social movements as a series of contentious performances, displays and campaigns by which
ordinary people make collective claims on others, as collective challenges by people with
common purposes and solidarity, in sustained interactions with elites, opponents and
authorities. Objectives, ideology, programmes, leadership, and organization are important
components of social movements. They are interdependent, influencing each other. These
social movements then bring about change in the social, economic and political environment
and thereby, become a social force themselves. M.S.A. Rao defined social movement as a
‘sustained collective mobilization through either informal or formal organization or which is
generally oriented towards bringing about change’. Social movements involve: a) Collective
mass mobilization, b) Collective mass support, c) Formal or informal organization, d) A
conscious commitment towards its aims and beliefs and e) Deliberative collective action
towards change. Social movements can be identified the major agendas of them as
“Movements of landless, unorganized labour in rural and urban areas, Adivasis, Dalits,
displaced people, peasants, urban poor, small entrepreneurs and unemployed youth took up
the issues of livelihood, opportunities, dignity and development. “Most well-known
movements in the country are Chipko movement, Save Silent Valley, Narmada Bachao
Andolan, Koel Karo, Chhattisgarh Mukti Morcha, Jhola Aandolan Chutmarika (fighting
polythene), Appiko movement, Save Kudremukh, Lok Satta Movement, Swadhyay
Movement, Swatantra Sharad Joshi, Karnataka Rajya Raitha Sangha.These movements
largely distanced themselves from political parties, or tried to cut across the ideologies of the
political parties. Yet many of them rooted themselves or drew from ideologies of the
Mahatma Gandhi, various shades environmentalisms or gender politics, or socialism. There
are two types of movements that are old and new and several theories that guide these
movements.
Swadeshi Movement – 1905 The movement which started during India’s struggle for
freedom focused on removing the British Empire from power by becoming Swadesh i.e.self-
sufficient. A lot of Indians came forward in support of the movement and boycotted foreign
goods. They burnt all the imported clothes they had, boycotted British products and revived
the production of domestic commodities. It gave people the power to speak against the
authority and the courage to express their views.
Satyagraha - Probably one of the most noted movements in Indian history, Satyagraha
brought thousands of people together in a peaceful way. The non-violence movement started
by Mahatma Gandhi to send the British back to their country and leave India free of foreign
rule did eventually taste success.
Save Silent Valley Movement – 1973 A social movement aimed at the protection of Silent
Valley, an evergreen tropical forest in the Palakkad district of Kerala, started in 1973 brought
many activists and people together. The protest was focused on stopping the valley from
being flooded by a hydroelectric project. The controversy surrounding the valley still exists
and people are still waiting for the final result
Chipko Movement 1973 - Based on Gandhian principles, the Chipko Movement or Chipko
Andolan saw people protesting against deforestation by hugging trees to stop them from
being cut. Led by Chandni Prasad Bhatt and Sunderlal Bahuguna, the protest started in the
early 1970s when a group of women opposed the cutting down of trees. Their actions spread
like wildfire and hundreds and thousands of people across India came out in support of the
green movement.
Peasant movement - have a long history that can be traced to the numerous peasant
uprisings that occurred in various regions of the world throughout human history. Early
peasant movements were usually the result of stresses in the feudal and semi feudal societies,
and resulted in violent uprisings. More recent movements, fitting the definitions of social
movements, are usually much less violent, and their demands are centered on better prices for
agricultural produce, better wages and working conditions for the agricultural laborers, and
increasing the agricultural production. The economic policies of British adversely affected
the Indian peasants. The British Govt. used to protect the landlords and money lenders. They
exploited the peasants. The peasants rose in revolt against this injustice on many occasions.
The peasants in Bengal formed their union and revolted against the compulsion of cultivating
indigo. Anthony Pereira, a political scientist, has defined a peasant movement as a “social
movement made up of peasants (small landholders or farm workers on large farms), usually
inspired by the goal of improving the situation of peasants in a nation or territory.
Namantar Andolan – 1978 - It was a Dalit movement to change the name of Marathwada
University in Aurangabad to Dr. B. R. Ambedkar University. This 16 year long movement
was successful in 1994 when the ‘compromise’ name of Dr. Babasaheb Ambedkar
Marathwada University was accepted. The movement saw several protests which led to
terrible consequences including killings, molestation, burning of houses, etc. of Dalit’s.
Jungle Bachao Andolan – 1980s- When the government decided to replace the natural sal
forest with highly valued teak, the tribal of Bihar came out in strong numbers to protest
against this decision. Having started in Bihar, the movement spread to other states like
Odisha and Jharkhand too.
Narmada Bachao Andolan – 1985- This protest, to express the views against a large number
of dams being constructed near the Narmada River, brought a large number of adivasis,
farmers, environmentalists, and human rights activists together. The movement involved
prominent celebrities and people went on hunger strikes to show their support for the cause.
The decision is still pending, though the court initially ruled the decision in the Andolan’s
favor, thereby affecting an immediate stoppage of work at the dam and directing the
concerned states to first complete the rehabilitation and replacement process. Later the court
allowed the construction to proceed.
Jan Lokpal Bill – Anti Corruption Movement by Anna Hazare – 2011 When anti-
corruption activist Anna Hazare began a hunger strike at Jantar Mantar in New Delhi on April
5, 2011, the whole nation came together and stood by him. The movement led to the
resignation of Agriculture minister Sharad Pawar from the group of ministers that had been
charged with reviewing the draft Jan Lokpal Bill. The initiative brought together a huge
number of people, making it a one-of-its-kind event in decades. It was also one of those rare
events that demonstrated what is possible if the world’s largest democracy woke up to take
the reins in its hands. The movement was named among the “Top 10 News Stories of 2011”
by Time Magazine.
Nirbhaya Movement – 2012 (Women movement)- The 2012 Delhi Gang Rape saw one of
the angriest reactions from people who were very clear on expressing that they have had
enough. After the incident, thousands of people came out on streets to protest in several parts
of the country. The movement also created a stir in social media where people changed their
display picture to a black dot and tens of thousands of people signed a petition protesting the
incident. Taking the movement into consideration, the government at the centre and various
states announced several steps to ensure the safety of women.
Social Movement in Odisha- There are various social movements which have taken place in
Odisha like caste based movements, tribal movements, linguistic movement, etc., which have
taken place from time to time, but the most famous movement was the Anti-Posco Movement
that took place in Odisha in the year 2010, it was a huge mass movement to protect the land,
environmental and human rights. Social Movement and Social Change Social movements
justify the successful function of a civil society, where there is expression and direct actions
of human rights for better growth and sustenance and human resource is addressed. Social
Movement is the most effective institution in producing social change. Social Movements
bring social change in our society. It paves way for the awareness of the people on different
issues and from time to time we find change in our policies, programmes, only because of
social movements taking place in our society. Each and every type of movement like it may
be educating a girl child movement, women’s movement we find there is a lot of awareness
among the people on women’s issues and we find from time to time due to these movements
we find policies in our country for women and many other changes. There is huge
sensitization among the masses, due to these movements but as well as we see that despite
these movements there still continues violence against women in each and every sphere. Not
only this but also Peasant’s Movements that are taking place in our society are creating a lot
of avenues for the farmers. Ecological Movements are there, which tries to prevent
environment, still there is awareness among individual, but still we come across a lot of
environmental issues. Human Rights Movements, Anti-Corruption Movements, Anti-Rape
Movements, so there are various types of movements. These social movements bring about
social change in our country but still we find social movements fails to bring about a
complete change in our country.
Conclusion- So there is a need of strong awakening of a strong civil society group, though
we find a lot of civil society groups prevailing in our society from time to time but it hasn’t
brought in the total transformation of society; still we come across a lot of awareness on
various issues which can be said to be a partial change, not a complete change in our society.
Social Movement itself is a sign panel of citizenship and gives rise to expression of needs and
well-being.
 RELIGION AND THE LAW
Along with the moral obligation to uphold certain laws, religion enters the realm of law,
requiring individuals to follow or refrain from disobeying the laws set forth by the state (i.e.
any country). Because people were required to obey religious obligations and can assert
religious rights prior to the formation of a state or democracy, it is clear that the law and
religion are interdependent.
What is Law?
The exact meaning of law is up for debate, but it is generally understood to be a set of
regulations that are made and enforced by social or governmental institutions to control
behavior. It has been called both a science and the practice of justice in diverse contexts.
What is Religion?
The term "religion" refers to a collection of institutionalized ideas, customs, and institutions
that frequently center on the belief in and adoration of a supreme power, such as a personal
god or other supernatural being.
Religion can include a variety of practices, including sermons, rituals, prayer, meditation,
holy places, symbols, trances, and feasts. It frequently involves cultural beliefs, worldviews,
texts, prophecies, revelations, and morals that have spiritual significance to adherents of the
particular faith.
What is Law and Religion?
Law and religion is the interdisciplinary study of how law, particularly public law, and
religion interact. By 1983, there were more than a dozen academic groups and committees
dedicated to the study of law and religion, and the Journal of Law and Religion became the
first academic quarterly to be published. Beginning in 1987, the Ecclesiastical Law Journal
has been published. Established in 1999, the Rutgers Journal of Law and Religion in 2012,
the Oxford Journal of Law and Religion was established in England.
The terms "law" and "religion" indicate broad imperial domains that are, for the most part,
each recognized as having distinct boundaries and independence. These concepts are
strangely vague and difficult to define when examined in greater detail. Also, each is a
particularly new invention in current popular usage. These misunderstandings are made
worse by combining the two concepts, as in "law and religion".
Relationship between Law and Religion
Religion and morality play a crucial role in preventing social corruption and human
trafficking. Thus, it aids in law enforcement. The jurisprudence of a particular state is
influenced by morality and religion. Everyone is aware of how people should live their lives.
 According to religious law, sin is viewed as a breach of the cosmic order. Religion is
the foundation of human existence. It is a way of life, and by adhering to specific
laws, it crosses the line into the legal system, where a person is forced to comply with
or not breach the laws set by a state. Thus, there is a relationship between religion and
law.
  In order to keep law and order, religion is essential. Religion teaches about
commandments that ought to be kept, such as Do not murder. In law, there are
regulations or laws that carry penalties for breaking them. Being locked up for
murder, as an example.
In order to encourage scholars of religion to refrain from reproducing the contemporary
Western positivist self-understanding of law as autonomous, state-produced and state-
enforced, and secular, this article has sketched some of the contours of the religious
dimensions of law and the legal dimensions of religion. By making law and religion
incomprehensible to one another, the common story of secularization has hurt our
comprehension of both.
Instead, the many historical connections, ongoing structural parallels, and, most importantly,
the genealogical connections between law and religion offer new avenues for investigating
the reciprocal relevance of these two fundamental categories and the importance of both for
understanding modernity.
Q1. Is religion a source of law?
Ans. Religious law comes from the deity, who enacts it through prophets, whereas secular
law is created by humans. The logical conclusion is that whereas secular laws can be altered
by their authors, religious laws are seen as timeless and unchanging.
Q2. What distinguishes law from religion?
Ans. Laws are the guidelines that a nation or community expects its inhabitants to abide by in
order to control society. Religion is a system of worship and belief. It's a way of thinking
centered on trust in a higher power.
Q3. How is law and religion connected?
Ans. Law and religion, which are the most active components of the legal and religious
systems, regulate social interactions. They have a significant impact by defining explicit
guidelines on how members of society should behave.
Q4. Why is religion important in law?
Ans. In addition, religion, morality, and the law play crucial roles in establishing social
stability and providing the framework for an individual to fulfill their wants to the degree that
they do not conflict with those of others.
Q5. What is the Indian law on religion?
Ans. Right to freedom of religion is well described in the Articles 25, 26, 27 and 28 of Indian
constitution. Before the State and no religion shall be given preference over the other.
Citizens are free to preach, practice and propagate any religion of their choice.
Q6. What is religion and rule of law?
Ans. A person is required to follow or not breach the laws established by a State because
religion is the foundation of human life, a way of life, and it adheres to specific principles. As
a result, religion and law are interdependent. Law and order are vitally dependent on religion.
Religion as Divisive Factor
Religion is a set of organized beliefs, practices, and systems that most often relate to the
belief and worship of a controlling force, such as a personal god or another supernatural
being. It involves cultural beliefs, worldviews, texts, prophecies, revelations, and morals that
have spiritual meaning to members of the particular faith, and it can encompass a range of
practices, including sermons, rituals, prayer, meditation, holy places, symbols, trances, and
feasts. Religion can contribute to a sense of community, provide support, and offer guidance.
It has also been shown to impact both physical and mental health. Religion can help bring
people together, but it can also be a source of division and stress, particularly for those who
face discrimination within religious communities, such as people who hold differing beliefs
from the rest of the group, we shall discuss religion as divisive factor.
When various communities live together within a territory with understanding and
cooperation, there is communal harmony. On the other hand, whenever such groups, either
ethnic or religious, fight for their exclusiveness, group identity or group interest even at the
cost of national interest or try to impose their way of life on other group, there is communal
disharmony and this is termed as communalism. There may be several factors that may be
attributed to the cause and growth of Communalism in India. Some scholars attribute this
cause due to stagnant economy during the British Rule. The stagnation of economy may have
affected the aspirations and economic prosperity for certain sections within society.
Religion and Constitution:
India being a secular country promotes equal faith towards all religions. Secularism does not
mean that State is hostile to a religion. The State is not partial towards any religion and this
helps in maintaining co-existence between different religious groups. However, if religion
becomes a threat to the peace and harmony of the Nation, State may intervene in religious
matters and act as a reformist. Similarly, Law may protect and preserve certain precepts of
religion like humanity, togetherness, harmony etc. Society is the common ground for both
religion and State and for orderly development of the society a balance between the values
preserved by religion and those preserved by State must be reached.
Article 25(1) of the Indian Constitution ensures freedom of conscience and free profession,
practice and propagation of religion. Article 26 talks about freedom to manage religious
affairs and it includes establishing and maintaining institutions for charitable purpose,
managing own affairs in matters of religion etc. Article 27 says that no person shall be
compelled to pay any taxes for promotion of any religion and Article 28 says that an
institution which is wholly maintained out of State funds shall not impart religious
instructions. However, if it is established under a trust which requires religious instructions to
be imparted, then Article 28(1) shall not apply.
Article 44 of the Constitution calls for a Uniform Civil Code and has got egalitarian approach
towards all religions. Article 51(e) and (f) talks about fundamental duty of the citizens to
promote harmony and common brotherhood transcending religious, linguistic diversities etc.
It also hints at religious tolerance.
Causes for Religion as a Divisive Factor:
Superiority of Practicing Religion: All religious lay emphasis on love and humanity. But in
practice religious make people hate another. Religion instils in people the idea that those who
differ with their religious beliefs are evil and undeserving of association, or even of their
humanity. Thus, those who believe in a particular religion does not like those who believe in
other religion. This has divided mankind, and has been one of the causes of bloodshed in the
world.
Impact of Freedom Struggle: All religions have different ceremonies, rituals, beliefs and
practices. But when such a man considers himself and his co-practitioners superior, he gets
intolerant of others’ beliefs and practices and starts hating them. Contrary provisions of the
various religions divide the citizens into different groups. They think the people of other
religion are their enemy and they may attack their religion. This fear is one of the factor
which make religion as a divisible factor. The people of India during their freedom struggle
became keenly aware of their religious differences. These differences resulted in the partition
of India, which resulted into large-scale riots. Thus two separate nations were formed on the
basis of religion.
Religious Majority: 82 percent population of India are Hindus. Majority thinks there was
appeasement of minorities by Congress Governments and thus their share is denied. The
Bharatiya Janata Party, creating awareness among Hindus who fear their religious majority is
in danger of being treated like a minority in officially secular India. Party leaders say they
have no desire to establish a religious state, but also maintain that Hinduism is the essence of
the country. The party’s public speaking for rising popularity has encouraged violent, often
deadly divisions.
Historical Causes: Muslim invaders invaded India and settled over here. They were known
for their brutality and atrocities against Hindus. There were forced conversions. Thus Hindus
may get ill will against Muslims.
Inter-Religion Marriages: India enacted Special Marriage Act 1954, where inter religion
marriage is allowed. But it was not accepted by the society, If any inter-religion marriage has
taken place the communities start the fights between each other.
Elections: Election procedure also provides scope for communalism. At the time of choosing
a candidate, caste and religion both are playing their own role. The political parties to gain
votes play nasty politics in the name of religion.
Psychological and Financial Factors: Due to various factors minorities are economically
and educationally backward. But gradually a feeling developed among them that the majority
is responsible for their backwardness, which resulted in development of inferiority complex
among the minorities.
Impact of Mass Media: In present ecosystem of mass and social media, rumours, fake news,
propaganda and hate speech coexist with sober media. The social media may give rise to
abuse, radicalisation and violent extremism.
Communalism in India:
Communalism is a strong sense of loyalty to the interests of one particular group (religious,
ethnic, etc.) rather than to society as a whole which can lead to extreme behaviour or violence
towards others.
Causes of Communalism in India:
o In the pre-independence period the British used the policy of Divide and Rule to
weaken the nationalist aspirations by creating a cleavage between the Hindus and
Muslims, favouring one community against the other in terms of services and
opportunities. It resulted in communal tensions between the two groups and therefore,
it is considered that the Hindu-Muslim disunity took shape during the continuation of
British Rule in India.
o During the national movement, a strong Hindu religious element was introduced in
nationalist thought. The orientalist writings which glorified the Hindu religion and
period in history became the basis for the propagation of nationalist ideas and pride
for the motherland. In the process the Muslim were seen as alien.
o Rumours and distorted news publicized by media which disseminates false
information to the public.
o Political parties resorted to the politics of appeasement whereby sanctions were used
to appease different ethnic, religious, cultural groups for votes. This vote bank politics
greatly followed tactics of appeasement by provisioning services and opportunities to
a few sections of the population against the other sections.
Communal Riots:
“Communal Riot” is a collective manifestation of religious feelings and sentiments against
the others. A communal riot, in general refers to a collective violent manifestation of one’s
identity, ideas and beliefs, etc. in relation to other religious community for the realization of
certain interests. These differences are sometimes openly manifested and sometimes hidden
but presented in a subtle way. It is, most often, a consequence of the spread of communal
ideology.
In spite of a number of laws treating people of all religions at par, India has had a long history
of communal riots. Many examples of communal riot could be cited in the Indian context as
the following:
Partition of India,1947: The persistence of the policy of Divide and Rule of the British
resulted in the painful partition of the country and the displacement of a large number of
people from their hearths and homes from either side. The partition caused widespread terror
and fear among the members of the Indian community. Anyone moving in large crowds or
with hoards of their belongings was murdered by men on horses with swords in their hands.
During the Partition, it is estimated that 2 million people lost their lives in the communal riots
and violence that ensued. Moreover, around 25 million (i.e., 1% of the world’s population)
were further displaced with no place to live and find shelter at. Partition, as a whole, affected
the social lives of everyone.
Demand of Khalistan: Sikh activist killed a score of candidates of various faiths in an
attempt to halt elections in Punjab state, where they want to create an independent Sikh
Nation named Khalistan. Punjab was noted for union between Hindus and Sikhs, but the
strands of togetherness were severed and the respected Golden Temple was used to store arms
and a refuge for terrorists. The struggle grown from a quest for ethnic identity, a desire for
religious purity (i.e., the fear of being absorbed by the majority Hindus), and the desire for
nationhood. The separists claimed that they are a proud and achieving people who feel
unequally yoked with the Hindus.
Anti-Sikh riots, 1984: The riots broke out after the assassination of then Prime Minister of
India, Indira Gandhi by her Sikh bodyguards Satwant Singh and Beant Singh on October 31,
1984. Groups of armed men targeted Sikhs across Delhi and attacked their houses and shops.
Official Indian government reported about 2,800 Sikhs were killed in Delhi. Around 20,000
fled Delhi and over a thousand were displaced, said reports. Sikhs in Himachal Pradesh,
Haryana, Rajasthan, Madhya Pradesh and Uttar Pradesh were also targeted.
Ethnic cleansing of Kashmiri Hindu Pundits in 1989: Since late 1989, the Indian State of
Jammu and Kashmir (J&K) has been in the grip of a vicious movement of Islamist extremist
terrorism. About 350,000 Kashmiri Pandits, constituting 99% of the total population of
Hindus living in Muslim majority area of the Kashmir Valley, were forcibly pushed out of the
Valley by Islamic terrorists, trained in Pakistan. They have been forced to live the life of
exiles in their own country, outside their homeland, by unleashing a systematic campaign of
terror, murder, loot and arson.
Babri Masjid Demolition in Ayodhya, 1992: Babri Masjid located at Ayodhya in Uttar
Pradesh was demolished on December 6, 1992 by kar sevaks under the guidance of some of
political and religious leaders who faced trial in the case. Muslims infuriated by the
incident went onto the streets to protest. This leads to some of the deadliest riots across the
country, leading to the deaths of more than 2,000 people.
Godhra Riots, 2002: In February 2002, in an attack on a train from Godhra in Gujarat,
believed to be carrying karsevaks to Ayodhya, at least 58 people are killed. Riots erupt across
the state and over 1,000 people are said to have been killed during the riots.
Assam Communal Violence, 2012: Ethnic tensions between Bodos and Bengali-speaking
Muslims escalated into a riot in Kokrajhar on 20 July 2012, when Muslims killed four Bodo
youths at Joypur. This was followed by retaliatory attacks on local Muslims killing two and
injuring several of them on the morning of 21 July 2012. Almost 80 people were killed, most
of whom were Bengali Muslims and some Bodos. 400,000 people were displaced to migrant
camps, most being Muslims.
Muzzaffar Nagar violence, 2013: The clashes between the Hindu and Muslim communities
in Muzaffarnagar district of Uttar Pradesh in August–September 2013, resulted in at least 62
deaths including 42 Muslims and 20 Hindus [ and injured 93 and left more than 50,000 people
displaced.
Penal Provisions:
Chapter XV of the Indian Penal Code (Sections 295 to 298) helps the state in maintaining
religious harmony in the country and provides punishments in case religious beliefs of
individuals become causes of hostility or violence amongst people. The offences under these
sections include injuring places of worship or object with the intention to insult the religion
of any class, outraging or wounding the religious feelings of persons and trespassing burial
grounds or disturbing religious assemblies. The sections punish deliberate acts of verbal or
visible representation. It also punishes persons who voluntarily cause disturbance to religious
assembly and persons who physically or materially affect the religious properties or places of
worship.
Suggestions for Solution of the Problem of Communalism:
Abolition of Communal Parties: The political parties are mainly responsible for promoting
communalism under the veil of various religious and cultural organizations. The Government
should keep a vigilant eye on them and, if found detrimental to the interest of the nation,
should abolish them.
Promotion of Feeling of Nationalism: Attempts should be made to remind the citizens those
glorious moments of history in which the Hindus, Muslims and Sikhs were combined to
safeguard the interest of the nation. This will inspire our countrymen with nationalist zeal.
Effective Use of Mass and Social Media: People should be appealed through mass and
social media for changing their attitude towards other communities. Communal propaganda
on mass and social media in any form should be banned.
Equal Opportunities for Growth of All Communities: Every section of the society is an
equal partner of progress with the commitment to “Development with Dignity”, ensuring
equal benefits to all sections of the society. Government should implement various socio-
economic and educational empowerment schemes which are benefitting every section of the
society including minority communities.
Conclusion:
The word religion was misinterpreted for interest of some people and later on misunderstood
by society itself. A society which is divided does not subsist for long. With education playing
key role, the people are now thinking beyond these boundaries. When God while creating
men have not discriminated on the basis of caste or religion then why such discrimination is
made on earth. With such discrimination, we are not only going away from each other but
also developing enmity between us.
RELATIONSHIP BETWEEN LAW AND RELIGION
Morality and religion are important to prevent the corruption and exploitation of other people
in the society.Thus it contributes to Law enforcement.Morality and religion contribute to the
jurisprudence of a certain State.We all know how humans ought to Iive their lives. In
religious law, sin is regarded as a violation of the cosmic order.Religion is a basis of human
life, a way of living and following certain rules the religion enters the boundary of law
whereby a person is compelled to follow or not to break the rules decided by a State.Hence
religion and law are dependent on each other.
Religion plays a vital role in maintaining law and order.Religion teaches about
commandments that should be followed, for example, Do not murder. In-Law there rules or
laws whereby if you break a certain law, there will be a punishment. For example, being
imprisoned for murder.
HOW DOES RELIGION AFFECT LAW AND PEOPLE’S LIFES
•Allowing religion to affect laws limits people’s freedoms. Religious influence should remain
out of laws and out of politics.
•However some laws such as laws against murder or thievery are also found in religion, they
are basic moral and ethical codes that address issues that are wrong.
•Religion is a belief held by certain people not everyone, thus allowing religions to affect the
forces of the law religions on uninterested parties.
•Religion should remain what it truly is,a voluntary belief not science and law.
•Religion should simply be looked upon as a tradition or belief and not a science and
certainly not law.
PURPOSE OF RELIGION
•Religious law tells people what to believe.
•To achieve the goals of salvation
•It tells people how to behave whereas law deals with our actions and how they affect others.
•It brings the society together.
•It prevents undesirable behavior in society by associating it with negative spirits.
•Explaining the unexplained.
PURPOSE OF LAW
•maintaining order
•protecting individual rights and liberties
•establishing standards
•maintaining peace
•promoting social justice
•facilitating orderly change
DIFFERENCE BETWEEN LAW AND RELIGION
•Law is defined as the system of rules which a particular country or community recognizes as
regulating the actions of its members and which may enforce by the imposition of penalties.
•Religion is defined as a specific fundamental set of beliefs and practices agreed upon by a
number of persons or sects.
•One can practice religion without being forced to practice it or forcing others to follow
religious beliefs. However, laws require everyone to follow the rules or laws.
•In religion morals and ethics represent the will of the people which unlike laws which are
sort of drafted by the government not the will of all the people in a country or state.
•Religion is the first source of Law, however, its mission was to teach people about God and
ways of worshiping him, to teach people managing and organizing their lives by a set of
rules. Laws are there to teach people a way of life and to punish them If they don’t follow the
rules.
•Law involves the use of threat or force while religion is voluntary.
•Law is what protects the right to practice your faith and Religion is just a set of beliefs.
•Ethics is about moral practices and Laws are defined by a State.
•Law is above all, even Kings are bound by certain laws.
•One can also say that religion is just a way of living.
•Religion has God’s laws and Law has rules made by men.
RELIGION AS A SOURCE OF LAW
Religion is the basis of human life which is not just following a belief but a way of living too
because the followers of a particular religion follow certain rules and laws.One can also note
that religion and law are dependent on each other because, before the concept of State, people
were bound to follow religious duties. However, religion played a very important role in
maintaining law and order in ancient societies. Religion played a deceptive role in the
framing of laws. Also, religion has been a source of human rights.
LAW, RELIGION, AND JURISPRUDENCE
According to Jurisprudence law means justice, morality, reason, order, and righteousness in
view of the society. In view of Legislature, it means statutes, orders, acts and rules. The
religion of every man must be left to the conviction and confidence of every man. One of the
major legal systems developed during the middle age was Islamic law and jurisprudence.
According to Jurisprudence, the law is the command of the State hence laws are separate
from both religion and morality.
Importance of Secularism in a Democracy
“Sarva Dharma Sambhava” is what defines Secularism in Indian Democracy. All religions
have been given equal status and treatment under the Indian Constitution. Secularism is
indifferent to politics, economics, and social and cultural aspects and hence is considered a
purely personal matter of a person. It is akin to the Vedic concept “Dharma Nirapekshata”
which means the state is indifferent to the religion. All in all, it tries to promote the doctrine
of separation of state from religion.
Secularism stands for no discrimination and equal opportunity to every citizen to follow all
religions. It is given as a personal choice to every citizen to adopt the religion of their choice
without any different treatment.
1. In India, secularism is a positive concept, which takes within itself all the
communities in India following different religions.
2. Diversity can only be effective if the secularism works as a foundational value
3. India’s multireligious, multilingual, multiracial, multicultural society will only
flourish if secularism works successfully.
4. Secularism in the globalizing world has many advantages.
History of Secularism in India:
Indian religions for decades have always co-existed and evolved together, although the
adoption of various religions by the Indian community gave rise to differences between
them.
However, the quest to maintain tolerance and bonhomie amongst the citizens even after the
advent of the other religions like Buddhism, Jainism etc., remained at the forefront of the
Indian Secular principles. The Indian states were tolerant of the different religions and hence
granted citizenship to each individual irrespective of any religious bias.
In Medieval India, the different movements initiated by the Sufis and Bhakti tried to secure
the religious character of Indian society. With the invasion of colonials in India, the secular
policy started to dim with the effect of the “divide and rule” policy. This policy led to
communal discord between the various communities.
To the stark effect, the Indian freedom movement gave a jolting effect to this discordance and
provided a constructive and successful path for building harmony and brotherhood amongst
different religious communities. In the present context, the core principle policy of Indian
Secularism lies in the non-discrimination by the State towards different religious
communities.

Independent India adopted the following ideas of secularism:

 The State shall permit freedom of practicing any religion
 The State shall not associate with any religion.
 The State shall honor all faiths of equality.

The first two are similar to the western concept, whereas the third one is the
innovative idea for Indian secularism.

Justice P.B. Gajendragadkar, the former Chief Justice of India has said, "The State
does not owe loyalty to any particular religion as such, it is not irreligious or anti-
religious, it gives equal freedom to all religions" (Singh, 1952). He commented on the
non-inclusion of the word secular in the Constitution from its inception, saying that
the omission of the Jefferson held the opinion that there should not be any
discrimination against individuals on the basis of their religion.

The western conceptualization of secularism began in the 19th century. The term
secularism was coined by British reformer Jackob Holyoke in 1851
(https://books.google.co.in). He used this term to describe his views of promoting a
social order separate from religion without criticizing religious belief.

As far as the Indian scenario of secularism is concerned, a look into the records of
the Constituent Assembly's debates reveals that the general understanding amongst
members of the assembly was that India was to be a secular state. The Constituent
Assembly emphasized the secular foundation of India.

Indian Constitution and Secularism

It can be conceded that secularism in India today is too politicized, and it is
necessary to find ways to depoliticize secularism and to move it further into the
domain of civil society. At the outset of the making of the Constitution, the concept
of secularism was not expressly mentioned in the Indian Constitution. However, the
Indian Constitution has spelled out several provisions in Part III (Articles 14, 15, 16,
25, 26, 27, 28, 29, 30), Part IV (Article 44), and IVA (clause (e)) that reflects the
existence of secularism.

Although the word 'secular' was first time inserted in the Preamble of the
Constitution by the 42nd (Amendment) Act, 1976, which came into effect on January
3rd, 1977, secularism was part of the Constitution word secular was inserted in the
Preamble (Singh, 2013).
The 42nd Constitutional (Amendment) Act of 1976 stated that 'secular' means a
republic in which there is equal respect for all religions.

Instead, it means the State should not have any religion. Supreme Court of India in
the case of Indira Nehru Gandhi v RajNarain (AIR 1975 SC 2299) held that secularism
means that State shall have no religion of its own and all persons of the country shall
be equally entitled to the freedom of their conscience and have the right freely to
profess, practice and propagate any religion.
India is a pluralistic society and multi-religious country; that is why the framers of
the Constitution adopted the concept of religious neutrality and conferred religious
freedom to various religious groups (Jain, 2008).

The religious tolerance and equal treatment to all religious groups in the spirit of our
secularism (Jain, 2008). Indian Constitution adopted the principle of non-interference
in religious matter with certain exceptions (Jain, 2008). Articles 25 to 28 of the Indian
Constitution make clear that everyone living in India should be entitled to profess his
religion without hindrance, so long as the citizen obeyed the common law of the
land. Article 25, a reservoir of religious and secularism in India, makes explicit
provision, when and how religious freedom is available and curtail freedom.

The State will not interfere in religious affairs, so the State cannot regulate religious
activity. However, a secular activity that is associated with the religious matter may
be regulated by the State (Article25(2)). An activity will be treated as religious if it is
regarded as an essential and integral part of the religion and will be secular if it is
not considered a necessary part of religion.

The practice of Talaq-e-biddat or Triple Talaq is declared illegal, holding that it is not
protected under Article 25 of the Constitution as it is not an essential religious
practice (Shayra Bano v Union of India, 2017). Also, under certain circumstances,
the State can interfere in religious practices for social reform. The rationalization
process should bring about this social reform.
For such social reform, no coercive force of the law should be exercised.

However, Sometimes situations compel the State to use legal coercion for urgent
social reform. For instance, an Act that was enacted to prohibit polygamy among the
Hindus was held valid because polygamy was not an essential and integral part of
the Hindu religion. Similarly, Sati and Devdasi system in Hindus and 'triple talaq' in
Muslims have been abolished as these were social evils and not the essential part of
the religions.

Polygamy, which is still permitted among Indian Muslims and is not permissible in
many other Muslim countries, reflects that polygamy is not an essential part of such
religion. Hence, for social welfare, social reform, and the nation's interest, the
Uniform Civil Code can also be applied as it is permitted by the Constitution of India
(Article 25(2)(b)).

The Need of Secularism in India

Secularism has no alternative option in a multicultural nation like India, therefore,
the Indian Constitution adopted secularism. People of different languages and
religions live in Indian Union. They needed secularism to keep them together.
Therefore, with the right to freedom, it was necessary to accept secularism.

Though there is an attempt to bring unites in diversity in India, the minority

communities suffer injustice, oppression of minorities. Of course, even after the
formation of a secular state, the spirit of nationalism could not be created.
Awareness of social intolerance among minorities is a threat to national integration.
There is a need for secularism to instill a sense of nationalism among the minority
groups in the country.

Although India has adopted the concept of secular state, in fact religion has been
politicized. Religious institutions are used for voting politics. Therefore, the principle
of secularism is falling behind by increasing communalism. Communalism is anti-
democratic, so the concept of secularism needs to be rooted in the promotion of
democratic values. In a pluralistic society like India, politics based on religion is
detrimental to national integrity. Therefore, in order to build a strong democracy, the
values of secularism must be respected in the society while respecting religious
values.

The challenges before secularism in India

Since its inception, secularism has been one of the most important and
controversial principles of the Indian Constitution. It has been constantly
under attack from both Hindu and Muslim fundamentalists, and has been
interpreted in a variety of ways by the Indian courts. In recent years,
secularism has come under increasing pressure from the rise of Hindu
nationalism, which has led to the marginalization of minorities, particularly
Muslims. The following are some of the challenges faced by secularism in
India today:

1.Problem of uniform civil code : A problem of universal civil code is essential

in the direction of bringing about national identity and the integration of
members of all religious communities into one bond of common
citizenship. Following Independence it was hoped that this step would
betaken to usher in secular society. But unfortunately till now no
progress has been made in the evolution of uniform civil code and today its
adoption appears to be more problematic than it was at the time when
the constitution was framed. Thus the Muslim minority Compelled the
Government, in 1986, to enact Legislation concerning maintenance of
divorced women which it felt was closer to its personal law and therefore,
religiously more acceptable. Modern Secular considerations and, opinion
of those Muslim who took a secular position, were given no
cognizance by the government. Similarly other minorities like Christian
and Sikhs, too, have given some indications that would render the
formulation and enforcement of a uniform civil code impossibility. Such
Limitations indicate that the path leading to truly Secular society in
India is strewn with numerous hurdles.

2. Politics and Religion:The political parties in India have tended to use

religion and cast factors for the promotion of their political interests and
thus greatly undermined the Secular values. The growing communalism
has also greatly hampered the growth of genuine secularism in
India. Despite abandonment of communal electorates and a ban on the
use of religion for soliciting votes, the various political parties and groups
have frequently made use of communal factors to get into power.

3. Failure of the Govt. in Evolving a Just Economic order:The failure of

the government to evolve a just economic order and eliminate poverty
also gave a serious set back to Secularism. The common masses suffering
from deprivation and grinding poverty could not develop any faith in
the polity which failed to provide them basic necessities and
consequently did-not attach importance to secular values.

4..Cultural Symbols and secularism:Many Cultural rituals and ceremonials

like Bhoomi pujan, breaking of coconuts on inaugural or auspicious
occasions, performing of aarti and applying to ‘tilak’ to distinguished
guests are perceived by Hindus as Cultural or nationalistic expressions,
but to no Hindus these are manifestations of Hindu culture. Such rituals
are performed even on state functioning and therefore, Create
unnecessary misgiving about the neutrality of the state.

5. Minority Group perceptions:-Apart from education and Job, prejudice

and discrimination are Perceived as operating in the matter of intergroup
violence and conflict. There is now ample evidence to show that
at times the administrative machinery of the state does not operate
impartially at the time of communal riots, those responsible for ensuring low
and order act in a non-secular way and tend to victims members of minority
groups. The minorities are in fear of the gaint majority. Which has the brute
Strength to overpower them and divests them of their distinctive
characteristics. Furthermore,loyalties continue to be particularistic
rather than Universalistic.

6.The Defective Educational System:-the defective educational

system which has encouraged the people to think in terms of groups and
communities, has also failed to inculcate secular ideas in the minds of young
students and promote feelings of mutual give and take.

7. The Distortion of the Constitutional and Democratic Institutions :-The

distortion of constitutional and democratic institutions has also
contributed to the weakening of secularism in India. The constitutions and
the political institutions have not worked the way they were envisaged
by the farmers of the constitution. For example, though use of religion is
not permitted for soliciting votes yet certain religious political parties have
made free use of factors like religion, casts etc. to Secure votes.All this
has hampered the growth of a true secular polity in the country.

1. The rise of Hindu nationalism: Hindu nationalist groups such as the

Rashtriya Swayamsevak Sangh (RSS) and the Bharatiya Janata Party (BJP)
have been at the forefront of the attack on secularism. They have been
working to promote a Hindu Rashtra, or Hindu Nation, which they believe will
replace the current secular, pluralistic Indian state. This has led to the
marginalization of minorities, particularly Muslims, who are seen as a threat
to the Hindu Nation.

2. The misinterpretation of secularism by the courts: The Indian courts have

interpreted secularism in a variety of ways, often times contradicting each
other. This has led to confusion and ambiguity about what exactly secularism
means in India.

3. The lack of political will to defend secularism: In recent years, there has
been a lack of political will to defend secularism from attacks by Hindu
nationalists and other groups. This has led to a feeling among many Indians
that secularism is under threat.

4. The rise of religious violence: Religious violence has been on the rise in
India in recent years. This is often times used by Hindu nationalist groups to
further their agenda of promoting a Hindu Nation.

5. The growing influence of the Hindutva movement: The Hindutva

movement, which is a form of Hindu nationalism, has been gaining influence
in India in recent years. This has led to an increase in attacks on secularism
and minorities.

Need for further Action:

•Since Secularism has been declared as part of the basic Structure of the
constitution, the government must be made accountable for implementing it.

•Define the word “ minority”. The concept of secularism is based on

recognition and protection of minorities. These two cannot be separated.

•Setting up of a commission on secularism for ensuring adherence to the

constitutional mandate on secularism.

•Separation of religion from politics is of such urgency that no time should be

wasted in bringing this about.

•It is the duty of the secular and democratic forces to rally behind those
political forces. That really professes and practices secularism.

•In a secular state religion is expected to be a purely personal and private

matter and is not supposed to have anything to do with the governance
of the country.

With the Forty-second Amendment of the Constitution of India enacted in 1976 the
Preamble to the Constitution asserted that India is a secular nation. However in1994
the Supreme Court of India in. S R. Bommai v. Union of India established the fact
that India was secular since the formation of the republic. The judgement established
that there is separation of state and religion.

Role of Indian Judiciary in Shaping the Secularism

The word secular is not static; instead, it is dynamic. There cannot be any fixed view on this
concept for all time. From time to time, the Court gives the different meaning of secularism
and enforces it in practice. In Sardar Taheruddin Syedna Sahib v. State of Bombay (AIR 1962
SC 853), the apex court held that 'Art. 25 & 26 serve to emphasize the secular nature of the
Indian democracy, which the founding fathers considered to be the very basis of the
Constitution.

In Kesavananda Bharati v. State of Kerala (AIR 1973 SC1461) the Supreme Court held
that that secularism was a part of the basic structure of the Constitution. Chief Justice Sikri
said that the secular character of the Constitution was the essence of it. Justice Shelatand and
justice Grover stated that the secular and federal nature of the Constitution were the main
ingredients of the basic structure.

the Supreme Court of India, in the case of Bommai v Union of India (1994), 3SCC 1
elaborated the meaning of secularism. The Court said that secularism means equal treatment
of all religions. The Court held that the word 'secular which was inserted in the Preamble of
the Constitution by the 42nd Amendment, highlights the fundamental rights guaranteed in
Articies25-28.
Although a secular state does not interfere in religious matters, it does not mean that the State
has no say in all matters of religion. The State can make a law to regulate secular affairs of
religious places. The Court followed this view in the case of Ismail Faruqi v Union of India
(1994)6SCC 3176, and held that any property belonging to a religious community could be
acquired by the State under the eminent domain. Again in the case of Aruna Roy v Union of
India (2002) & SSC 368, Supreme Court of India held that the essence of secularism is non-
discrimination of people by the State on the basis of religious differences.

Conclusion:
The Supreme Court in its landmark judgment of SR Bommai held that if the politics is not
kept separate from the religion, the religion of the ruling party will become the state religion.
It is also observed that during the elections the political party stresses upon the religion in
order to make their vote bank. There is an urgent need to separate religion from politics. It is
just expectation to practice religion as a purely personal and private matter and it has nothing
to do with running the government of the country.
In 2019 the Central Government brought the Citizenship (Amendment) Act, 2019 to
protect the interest of six religions facing religious persecution in three neighboring
countries but was strongly opposed by various groups saying that non-inclusion of
Muslims in its purview is discriminatory and also against the concept of secularism
which is the basic structure of the Constitution of India. And also, the basic structure
of India cannot be changed. But one thing must be kept in mind that the basic
structure theory was developed by the Supreme Court of India as a limitation in the
power of Parliament to amend the Constitution.

Normally a law that came through enactment cannot be challenged as violating the
basic structure. CAA, 2019 is not part of the Constitution so it should not be
challenged as violating the basic structure of the Constitution. The Supreme Court of
India is the guardian of the Constitution, and Whenever any danger comes to affect
the secular character of the country, it is always ready to protect the secular
character of the nation.

What are the minority rights in India?

There has been moral and political theory in the 17th century that man has certain basic rights
which the state needs to take care of to have an effective democratic life. Part 3 of the Indian
Constitution provides for the basic fundamental rights. Article 15, 16, 19, and 29 are some
fundamental rights guaranteed to the citizens.

 Article 15 prohibits discrimination on grounds of religion race cast sex or place of

birth.
 Article 17 Prohibits untouchability.
 Articles 25 to 30 preserve the right of minorities on grounds of religion.
 Article 25 provides the right to practice any religion.
 Article 26 allows religious institutions to be opened.
 Article 27 provides that no person shall be forced to pay any taxes which is not
mandatory.
 Article 28 provides that there shall be no religious instruction to be followed in any
particular educational institutions.
 Article 29 provides that no citizen shall be denied admission in any educational
institution on grounds of religion race caste.
 Article 30 provides that minority shall not be prohibited from any educational
institutions.
The Indian Constitution does not define the term minority but it defines minorities based on
religion and language. their rights that have been laid down in part 3 of the Constitution are
legally enforceable and the rights which have been laid down in part 4 of the Constitution are not
legally enforceable by law. The Government of India set up the National Commission on
minorities in 2005. Jains joined the minority list in 2014. The issues of minorities are dealt with
by the Ministry of minority affairs and ministry of home affairs in the Government of India. No
doubt the constitution of India needs an amendment to take care of violence against minorities
especially Muslims. There is no specific protection for minorities in the Indian Constitution. The
judiciary, police, and prosecution are not at all sensitized to this issue. Rajendra Sachar committee
2005 identified the disabilities that the Muslims in India face. The Christians and Sikhs are much
smaller victims but they are still victims.

Rights of Religious Minority:

1. Minority: The Term minority includes those non dominant groups in a population which
possess religious, linguistic markedly different from those of the rest of the population. Such
minorities should properly include a number of persons. Ex:Harijans: The Backward classes
are not minorities. The Harijans generally known as the scheduled castes are neither religious
Minority nor a linguistic minority. The Harijans are part and parcel of Hindu Community.
2. Religious Minority and linguistic minority: A minority may be a religious minority
community like the Muslim community, Christian community or Sikh community there may
be a linguistic minority based on language of the members minority community such as
Gujarati,Punjabi,Bengali,Telugu, Tamilians etc.
3. Secular Ideals: The Security granted to religious minorities in India and steps taken
towards the protection of their rights considerably to the maintenance of our secular ideals.
 4. Religious Minorities: The religious minorities have been assured by provisions in our
constitution that their special interests, religious, cultural, educational and social are to be
protected.
5. Specific Rights of Minorities Under the Constitution (Articles 29,30):The Right
incorporated in Article 29 and 30 were distinguished by Singh C.J. of the Patna High court in
Hari Manderji v Magadh University in the following words: Scope of Article 29 and 30: The
Right under Article 29 is a general protection given to minority to conserve its language,
script or culture. While the right under article 30 is a special right (Empower) to the minority
to establish educational institution of its choice. Article 29 Protection of Interests of
minorities: (i) Any Section of the citizens residing in the territory of India or any part thereof
having a distinct language, script or culture of its own shall have the right to conserve the
same. (ii) No citizen shall be denied admission into any educational institution maintained by
the state of receiving aid out of state funds on grounds only of religion, race, caste, language
or any of them.
6. State of Madras v Champak Dorairajan (AIR 1951 SC 226): The state Government passed
an act mentioning the Reservations according to the castes into the admission of Medical and
Engineering courses. It completely excluded the Brahmins. The Petitioners were Brahmins.
They challenged the Validity of Act under Article 29(2).The Supreme Court struck down the
Act holding that it was violating the provisions of Article 29(2).
7. S.P.Mittal v Union of India(AIR 1983 SC1):A society was founded International Cultural
Township Aurobindo at Aurovilla Ashram near Pondicherry to propagate the Ideals(Moral)
and Teach. The Government enquired into detail and found that the management of the
society caused several atrocities and illegal acts including sexual and monetary issues.
Thereafter the Central Government passed an Act Aurroville (Emergency Provisions)Act
1980 and took over the Ashram. The management contended under Article 29 the Central
Government had no authority to bring such Act. The Supreme Court held that the act was not
violative of the article 29 as the mismanagement was clear on the face of the record and
further the Aurovillie or the Society were not religious values.
10 Rights of Minorities:
i. The Minority people have the Right to protect their language, script and
culture and to conserve the Same.(Article 29(1)
ii. ii. The Minority people have the right to admission into any educational
institution maintained by the state or receiving aid out of State funds.
(Article.29(2)
iii. The Minorities have the Right to establish the educational institutions
basing on religion or language of their choice.(article (30)(1).
iv. iv. The Minorities have the right to administer the educational institutions
basing on religion or language of their choice.(Article 30)(1)
v. v. The Minorities have the right to get compensation for the compulsory
acquisition of any property of an educational institution established by
them.(article 30 (1A)
vi. vi. The Government shall not show any discrepancy in granting the aid to
educational institutions established by minorities. Article 30(2).
8. Article 30:(i) Right of minorities to establish an Educational Institution of their choice. (Ii)
Right to administer the educational Institutions so establish by them.
9. Right to Administer: The phrase “Right to administer” gives several meanings and rights
I;e Management of the affairs of the institution; the Right to select and elect the managing
body; the Right to choose the teachers; the Right to have their own medium of Instruction;
the Right to use the property of the institution for its benefit.
10. Regulations: The Management of the Institutions for the welfare of the minorities should
follow the Rules and Regulations formed and prepared by the States or Centre in this regard
from time to time but those regulation must be reasonable.

Suggestions
 To provide a sense of security and the feeling of confidence to the minorities by
giving special rights and privileges in a democratic country.
 Regular checks and balances safeguards and guarantees to protect the rights of
minorities in terms of cultural and educational rights and others must be done.
 Recommendations from educational institutions that are run by minorities are to be
taken to guarantee Article 29 and 30 to the minorities.
 Students from non-minority groups should not be forced to attend any prayers in
educational institutions
 The minority group should be given the right to manage and govern a body related to
education.
 Besides giving rights to minorities it is also important to take care that those rights are
not being misused.
 Scheduled castes, Scheduled Tribes and other backward classes admissions to any
institution shall be allowed to be run by minorities.
Judgments
1. Re Kerala education bill- There was an education bill that was introduced in the
Kerala assembly by the education minister, Professor Joseph Mundasseri. Several
provisions of the bill seemed to challenge the constitutional validity. Therefore when
the bill was reserved for the consideration of the president, he used the power
under Article 143 of the constitution and referred the case to the supreme court for its
opinion. The Supreme court’s opinion in this was considered to be one of the most
significant steps taken to protect the rights of minorities in India.
2. Champakam Dorairajan vs the State of Madras – This case was regarding the
admission of students to medical and engineering colleges of Madras. The province of
Madras was having an issue with the order of fixation of the number of seats for
particular communities. The Supreme Court, in this case, rejected reservation for
minorities on the communal ground.
 3. St.Stephen’s College vs University of Delhi- Supreme Court, in this case, held that
Saint Stephen’s College is a minority institution which is entitled to protection under
Article 30(1). The decision was taken by the court keeping in view the history of the
establishment of the college.
4. S.Azeez basha vs Union of India- The 1965 amendment was challenged in this case
before the constitutional bench of the Supreme Court of India. This is one of the most
controversial judgments which raised doubt in the minds of Minorities about the faith
of institutions.
Conclusion
In a free democracy like India, minorities should never feel oppressed. To sum up it can be
said that the obligations of the constitution to protect the rights of minorities from operation
wardens discrimination matters a lot. Mahatma Gandhi once rightly said that the civilized
nature of a country should not be judged by the way it treats minorities. Though the record of
India in this change since independence does not appear to be satisfactory we still wish that
democratic ideas in the preamble of the Indian Constitution will someday be a reality for
minorities as well.
Essay on Importance of National Integration
A bond of togetherness between people irrespective of their caste, creed, religion and gender
is national integrity. This is a feeling of oneness and brotherhood in a country where diversity
is the main ethos. National Integration keeps the entire country tote and strong, despite the
differences in culture, language, and main livelihood. An integrated nation will always
progress towards development and prosperity. National integration refers to bringing together
diverse communities and individuals within a country to foster a sense of unity and
belonging. It promotes harmony, understanding, and cooperation among people from
different regions, languages, religions, and cultures. National integration aims to build a
strong, cohesive nation where all citizens have equal rights and opportunities. It involves
encouraging respect for each other's beliefs, traditions, and customs while upholding the
principles of unity and diversity. National integration is essential for a stable and prosperous
country, where people work together towards common goals and share a national identity.
Aims of National Integration
A country like India has people from different cultures, languages and races and national
integration not just aims to bind them together but also aims at giving them a better
environment to live and prosper.
 National Integration helps in keeping the stability of the country and helps in its
development.
 It nurtures communal harmony and fights casteism, regionalism and linguistic
differences.
 It improves the feeling of loyalty towards the nation and aims at uniting people in
case of emergency.
National integrity focuses on all the sections of the society, thereby making them financially
independent.
Through it, the State aims to promote economic integration too.
No foreign assault can ever break the back of a nation that is united in a true sense.
Education, social and cultural unity, and equal access to all basic rights and amenities foster a
sense of integrity in the citizens of a country.
Importance of National Integration
National integration plays a crucial role in the political, economic, cultural and social
dimensions of a country. It helps the country in the following ways:
Promotes Social Harmony - Due to national integration, the social bond between people
strengthens in the country, thereby endorsing brotherhood, peace and tolerance among them.
Unites the Nation - This unites people from a different race, caste, creed or thoughts, and
makes the country a single entity, thereby strengthening the country and making it
internationally powerful.
Increases Economic Growth- Since this country has the least internal matters and
problems, the economic growth will prosper and develop.
Promotes Loyalty for the Nation- National Integration endorses the loyalty of the citizen to
the country. It aids to make people join hands and stand for the advancement of the country
forgetting their petty issues.
Significance of National Integration in Modern Era
National Integration plays a crucial role during modern times and challenges communalism,
regionalism, linguism, etc. However, global terrorism is a major threat to national integration.
Only a few people with radical thoughts convince the population and brainwash them. They
provoke them against their motherland.
In the era of technological advancements and the accessibility of social media, it is very easy
to get deceived. National integration helps to ignore these situations. It makes people
intellectually mature and tolerant.
National integration is very significant for a country because it is seen many times in the
history of mankind that the integrity of a nation fell in danger. It had confronted major
challenges from within and also became a victim of foreign assaults. Hence, national
integration plays a significant role in the making of a nation. It keeps the history of the
country sustained with development.
National Integration in India is critical for increasing unity among all segments of society in a
country like India, which is rich in diversity in many aspects of life. This article explains the
role of the school system, film, individuals from the middle class, people from the working
class, intellectuals, various multinational corporations, and the media in fostering national
integration.
What is the purpose of national integration?
The goals of national integration are as follows:
 Boost the sense of camaraderie.
  Reduce religious, regional, racial, and cultural disparities.
 Active and energetic dissemination of the ideals for which our country stands,
particularly tolerance and peace.
 Mobilize constructive societal forces in the interest of national unity and solidarity,
and provide them with leadership, encouragement, and articulation.
 Reduce homicides, massacres, and riots, among other things.
 Contribute to the nation's development. Increase people's togetherness.
Factors Affecting National Integration
Below mentioned are some of the major factors affecting National Integration
Constitutional provisions
o Indian Constitution has provisions for promoting and ensuring national integration by
adopting socialism, secularism, democracy, liberty, equality, justice, and fraternity as
its objectives.
o Fundamental duties prescribed for the citizens also promote national integration.
o Directive principles of State policy direct the state to promote equitable economic
development, eliminate social discrimination, and promote international peace and
security.
o These provisions altogether generate a sense of national integration.
Government initiatives
o The National Integration Council, set up by the government, deals with issues related
to National Integration and recommends suitable measures for them.
o The Planning Commission at the center looks for economic development for the entire
country, and a single election Commission conducts the election.
National festivals and symbols
o National festivals also help unify the nation as they are celebrated by all Indians in all
parts of the country regardless of language, religion, or culture.
o National symbols like the national flag, national anthem, and national emblem remind
us of one identity and act as a unifying force in times of celebration and adversity.
Other factors
o The unified judicial system and all Indian services promote the unity and integrity of
the Indian nation.
o The central government is responsible for policy and decision-making for the entire
country.
o Presence of all India services for recruiting members for the positions of IAS, IFS,
IPS, and others.
In a country like India, where variety abounds in many sectors of life, national integration is
critical to enhancing harmony among all parts of society. National integration strives to unite
these disparate ethnic, religious, cultural, and linguistic groups into a single nation with a
common identity.
Benefits of National Integration
The importance of national integration lies in social harmony and in driving economic
growth. National integration holds a crucial role in a nation's political, economic, cultural,
and social spheres, offering various benefits:
o Fosters Social Harmony: National integration fosters harmony among a country's
people, strengthening social bonds and promoting brotherhood, peace, and tolerance.
o Unifies the Nation: It brings together individuals from diverse backgrounds, including
race, caste, creed, and ideologies, forging a unified nation. This unity enhances the
nation's strength and international standing.
o Drives Economic Growth: National integration reduces internal issues and challenges,
paving the way for prosperity and development. A united country experiences fewer
problems compared to one with social instability.
o Cultivates Patriotism: National integration encourages citizens to be loyal to their
nation, uniting them in pursuing national progress and setting aside minor disputes.
National Integration and Indian Constitution
o Independence brought a great challenge of partition, which led to communal violence.
o There were also issues related to integration of princely states that generated problems
for the unity of the country.
o The constitution of India and its preamble lays down unity and integrity of the nation
as the major objective.
o It also enlists fundamental duties to protect the sovereignty and integrity of the nation.
o The provision of a centralized federation ensures the nation's unity with respect for
the country's diversity.
Provisions under Fundamental Duties
o To abide by the constitution and respect its ideals and institutions, such as the national
flag and anthem.
o To value and preserve the rich heritage of our culture.
o To safeguard public property.
o To defend the country and render national service.
o To promote harmony and the spirit of common brotherhood.
o To strive towards excellence and collective activity to reach a higher level of
achievement for the nation.
About National Integration Council
o In September-October 1961, the then Prime Minister, Shri Jawaharlal Nehru,
organized the National Integration Conference to address issues like communalism,
casteism, regionalism, linguism, and narrow-mindedness.
o The conference's objective was to formulate concrete solutions and guide the nation.
o As a result of this conference, the National Integration Council (NIC) was established
to assess all matters related to national integration and offer recommendations.
o The NIC was formed and convened its inaugural meeting in 1962 to fulfill this
mandate.
Middle-Class, Intellectual, and Working-Class Contributions in National Integration
o The middle class, for example, is a highly mobile group that frequently moves across
states for business, school, or job opportunities.
o People moving from smaller communities to larger cities encounter various
challenges, including being classified as “outsiders.”
o They oppose conflicting values and work for mankind’s and humanity’s communal
upliftment.
o We can identify countless examples of the entire intellectual community coming forth
for arbitrary state acts against the creative expression of individuals irrespective of
caste, creed, religion, or location since the growth of knowledge of rights and
oneness.
o Within a unified India, this creates room for many expressions.
Role of Press/Media/MNCs etc.
o The press has been an active instrument in building the idea of a unified India even
before independence.
o Since independence, the press and the media have grown tremendously as an
institution, gaining considerable freedom due to the means introduced by the
constitution, such as freedom of speech and expression.
o From the printing press, radio, and television to social media, it has contributed
immensely to building and sustaining the ever-evolving integration of India into a
single entity that meets the aspirations and ideas of each generation.
Role of Cinema, Sports, and Literature
o During the 1960s and 70s, Hindi and regional cinema was crucial in promoting Indian
nationalism and secularism.
o Screenwriters and directors were conscious of conveying the message of nationalism
through films.
 o Love stories depicted in films contributed to the idea of a united India crossing
cultural, regional, linguistic, and caste barriers.
Challenges to National Integration
The below mentioned are some of the challenges towards National Integration:
Communalism
o When individuals belonging to one religion develop more affinity towards their
religion and hatred for others, such a problem of communalism is generated.
o With India's many religions practised, communal riots and communalism always
threaten national integrity.
o Such examples of communalism were also seen during independence.
Regionalism
o Regional movements, which led to the creation of new states by dividing the existing
ones, caused a threat to national integrity.
o Aggressive regionalism leads to separatism, where regionalism ignores national
interests.
Linguism
o India, being secular, does not favor any particular language.
o Earlier movements for the creation of new states were based on linguistic similarities.
o The bill to propose Hindi as an official language received widespread protest in all
non-Hindi-speaking regions.
Extremism
o The movements, such as the Naxalite and Maoist movements, created fear among the
public and caused the loss of government personnel and public property.
o Many youths participate in such movements due to political marginalization and
exploitation.
o Such people cause a threat to law and order and also to national integration.
LANGUAGE AND LAW
Introduction
Languages play a crucial role in Indian culture and society. They are a reflection of the
region’s history, diversity, and values. Languages are a source of identity, a tool for
communication, and a way to express ourselves. They are also a source of pride and a way to
connect with other cultures. Languages form the foundation of a country’s culture and its
people’s identity. They provide a link between generations and a way for people to express
their thoughts and feelings. They are also a way for people to preserve the history of their
culture and pass it on to future generations. India has a rich and diverse linguistic landscape,
with more than 22 officially recognized languages. Each language is unique and has its own
set of cultural values, symbols, and stories. This diversity has been an important part of the
Indian culture for centuries and has helped to shape the country’s heritage.
A language is a very essential part of any culture and India is no exception . A language is a
means to express our thoughts and feelings . Just imagine if you go to a state where nobody is
able to understand your language , how would you feel ? Nobody would be able to know
what you want to say . It shows the importance of languages . In a country like India where
hundreds of languages are spoken , it makes the role of a language much more important .
Moreover there is one more thing about languages in India that I would like to shed some
light on . There are some groups or so called language protectors who in the name of
languages try to create division in the country . There politics revolve around it . All in all it
is an integral part of this country .At the time of independence in 1947, India consisted of
british India and more than 500 princely states, which were merged together to form different
states.
Initially, the grouping of states was done on the basis of political and historical
considerations. However, in 1956 based on the Fazal Ali commission recommendation, the
government started to reorganise the states on linguistic or cultural basis.This linguistic
reorganisation has strengthened the unity of the country but has put forward some challenges
also.
What are examples of linguistic discrimination?
Language discrimination occurs when a person is treated differently because of her native
language or other characteristics of her language skills. For example, an employee may be
experiencing language discrimination if the workplace has a “speak-English-only” policy but
her primary language is one other than English.
Language Policy of India
According to Article 343(1) of the Indian Constitution, Hindi and English are the official
languages of India. The purpose of using Hindi and English is specified in the Official
Languages Act of 1963, the Official Language Rules of 1976, and Ministry of Home Affairs
directives. By 2022, the Constitution recognizes a total of 22 languages as official. According
to the Indian Constitution, no language has the status of the national language.
Three Language Formula:
With a view to cement national unity and integrity, the National Integration Conference in
1961, examined and discussed the language problem and recommended the adoption of
“three language formula” for secondary education all over the country. This formula
envisaged the compulsory teaching of three languages in schools, the regional language and
English together with Hindi in the non- Hindi speaking States and another modern Indian
language and English in the non-Hindi speaking States. So far the three language formula has
not been implemented in its letter and spirit.
CONSTITUTION IN RELATION TO LANGUAGE
India is a multilingual country. So the fathers of our Constitution felt the need to specify the
languages to be used in the state functions. Therefore, Part XVII of the Indian Constitution
came into existence which not only provides for the official language of the Union(Article
343-344) and official languages of the states(Article 345) but also the language of interstate-
communication (Article 346-347), language to be used in the courts and in legislative
processes (Article 348). Apart from these provisions, there are some special directives too
(Article 350-351). Actually, this chapter is based on Munshi-Ayyangar formula and
accordingly the language policy has been provided in four parts: Language of the Union,
Regional languages, Languages of the Courts and Special directives.
Constitutional Provisions on Language:
Article 120 Language to be used in Parliament
Article 343 Official language of the Union:
Article 344 Commission and Committee of Parliament on Official Language:
Article 345 Official language or languages of a State.
Article 346 Official language for communication between one State and another or between a
State and the Union
Article 347 Special provision relating to language spoken by a section of the population of a
State
Article 348 Language to be Used in the Supreme Court and in the High Courts and for Acts,
Bills, etc.:.
Article 349 Special Procedure for Enactment of Certain Laws Relating to Language:
Article 350 Language to be Used in Representations for Redress of Grievances:
Article 350A Facilities for Instruction in Mother-Tongue at Primary Stage:.
Article 350B Special Officer for lLnguistic Minorities
Article 351 Directive for Development of the Hindi Language:
Article 29 Protection of interests of minorities
Article 30
SAFEGUARDS FOR LINGUISTIC MINORITIES AGREED TO AT THE NATIONAL
LEVEL
In addition to the Constitutional Safeguards, the detailed scheme for the practical
implementation of safeguards has been worked out on the basis of decisions arrived
at various Conferences:
a. Education Ministers’ Conference, 1949
b. Government of India Memorandum, 1956
c. Southern Zonal Council Decisions, 1959
d. Chief Ministers’ Conference, 1961
e. Meeting of the Committee of Vice-Chairmen of Zonal Councils, 1961
Formation of Linguistic States:
The process of linguistic reorganization of states in India was far more prolonged and
divisive than the controversy over the official language of India and raised more fundamental
questions of centre-state relations.
Following the States Reorganization Act of 1956, the boundaries of the southern states were
reorganized in closer conformity with traditional linguistic regions. The bifurcation of
Bombay province into the present state of Gujarat and Maharashtra followed in 1960. In
1966, Punjab was reorganized and its several parts distributed among three units: the core
Punjabi Suba, the new state of Haryana, and Himachal Pradesh. Several new states also have
been carved out in response to tribal demands in the North-Eastern region of the country from
time to time.
The broad principles enunciated by the State Reorganization Commission in creating
linguistic States were the following:
o to preserve the unity and integrity of the country;
o to maintain linguistic and cultural homogeneity; and
financial, economic and administrative viability.
The linguistic reorganization of the Congress was encouraged and supported by Mahatma
Gandhi. After the bitter partition on the basis of religion the then PM Nehru was apprehensive
of dividing country further on the basis of language.
Dhar commission
During that time some Marathi speaking Congress members raised the pitches for separate
Maharashtra State. Following this demand, other language speaking people too demands a
separate state for them. Hence, Constituent Assembly in 1948 appointed the Linguistic
Provinces Commission, headed by Justice S.K. Dhar, to enquire into the desirability of
linguistic provinces.
The Dhar Commission advised against this at that time reason being it might threaten national
unity and also be administratively inconvenient.
JVP Committee
After some time the clamor for linguistic states again got momentum. To appease the vocal
votaries of linguistic states, the congress appoints a committee (JVP) in December 1948
consisting of Nehru, Sardar Patel and Pattabhi Sitaramayya to examine the question afresh.
This JVP Committee revoked the seal of approval that the congress has once put on the
principle of linguistic provinces.
The demands for separate state on the linguistic basis didn't subside. There were renewed
movements aimed at linguistic autonomy in 1948, 1949. There was the campaign for
Samyukta Karnataka, uniting Kannada speaking spread across the states of Madras, Mysore,
Bombay, Hyderabad, Samyukta Maharashtra, Maha Gujarat movement. In case of Punjab,
struggle brought together both the factors language and religion (Sikh).
Andhra Movement
After Independence, the speakers of Telugu asked the congress to implement its old
resolution in favour of linguistic states.
On 19 October 1952, a popular freedom fighter, Potti Sriramulu undertook a fast unto death
over the demand for a separate Andhra and expired after fifty-eight days. After his death
people were agitated and it was followed by rioting, demonstrations, hartals and violence all
over Andhra. The Vishalandhra movement (as the movement for a separate Andhra was
called) turned violent. Finally, the then PM, Nehru announced the formation of a separate
Andhra State in December 1952.
State Reorganization Commission
The formation of Andhra Pradesh spurred the struggle for making of other states on linguistic
lines in other parts of the country.
Hence Nehru appointed in August 1953 the states Reorganisation Commission (SRC) with
justice Fazl Ali, K.M. Panikkar and Hridaynath Kunzru as members, to examine "objectively
and dispassionately" the entire question of the reorganization of the states of the Union. The
SRC submitted its report in October 1955. It recognized for the most part on the linguistic
principle and recommended redrawing of state boundaries on that basis.
The then government accepted the SRC's recommendations. Finally, the states
Reorganization Act was passed by parliament in November 1956. It provided for fourteen
states and six centrally administered territories. SRC opposed the splitting of Bombay &
Punjab.
Case of Bombay.
Therefore, the strongest reaction against SRC's report came from Maharashtra, where
widespread rioting took place. To fulfill their demand of separate Marathi speaking people's
state, there was the broad based Samyukta Maharashtra Samiti and on the other hand in
Bombay state, there was Maha Gujarat Janata Parishad led the movement for Gujarati people.
After on years of the reorganization of states Act, the government finally agreed in May 1960,
the bifurcate the state of Bombay into Maharashtra, Gujarat with Bombay city being included
in Maharashtra and Ahmedabad being made the capital of Gujarat.
Case of Punjab
The other state where an exception was made to the linguistic principle was Punjab. In 1956,
the state of PEPSU had been merged with Punjab, which remained a trilingual state having
three language speakers-Punjab, Hindu and Pahari within its border. In the Punjabi speaking
part of the state, there was a strong demand for carving out a separate Punjabi Suba (Punjabi
Speaking State). This demand got communal overtones. The Akali Dal led Sikh
Communalists, while the Jan Sangh, led Hindu communalists.
SRC had rejected the demands in Punjab, as it would not solve either the language or the
communal problem of Punjab. Finally in 1966, Indira Gandhi agreed to the division of Punjab
into two Punjabi and Hindi speaking status of Punjab and Haryana, with the Pahari speaking
district of Kangra and a port of the Hoshiarpur district being merged with HP.
Finally, after more than ten years of continuous strife and popular struggles, the linguistic
reorganization of India was largely completed.
Positive effect of Linguistic formation of states:
After the formation of states on linguistic basis the path to politics and power was now open
to people speaking regional languages rather than the small English speaking elite or
majoritarian hindi speaking northern India.
Reorganizing the states on linguistic lines has strengthened the regional identities of diverse
cultural entities in India. This has strengthened federalism in India.
Challenges posed by Linguistic formation of states: It has led to several unintended
consequences such as regionalism, linguistic chauvinism and the foundation of the “Sons of
the soil” doctrine.
It has been used for divisive purposes and transformed into disruptive tendencies, such as
communalism, casteism and linguistic or regional exclusiveness.
The issues of jobs, educational opportunities, access to political power and share in the larger
economic cake has fueled rivalries and conflicts based on religion, region, caste and
language.
Several issues that are a threat to India’s integrity have also emerged such as demand for new
states on the basis of backwardness such as Marathwada and Saurashtra, ethnicity in the
North East etc.
 On Critical Note, the formation of linguistic states has acted both in favour and
against the cause of Indian Unity as follows –
 It ended the ever-growing tendencies and growing centrifugal pressure that
might had balkanised the country on the basis of language.
 Led to development of vernacular languages and imparting of education in
local languages, thus overall facilitating the literacy rate of the country, and an
educated citizen is always a better citizen.
 Led to fulfilment of aspirations of people to have autonomous political units
for governance therefore strengthening the unity of the country.
 Enabled the preservation of local customs, culture, and festivals. Over time,
the people of India have come to cherish the myriad customs of different
states.
 On the other side of the coin, it has led to –
 Rise of Regionalism – Linguistic states have strengthened the political
narrative of certain sections that allowed them to propagate regionalism, thus
promoting the sense of separate identity against the unity and integraity of the
nation.
 Rise in the number of interstate disputes – Today Language has become an
issue of dispute between states, Linguistic minorities have been considered
 alien and their rights are being suppressed. Infighting takes place between
sections of people on the issue of language and core of Indian unity becomes
endangered.
 Since language has played both the roles of being for and against the unity of the
nation, therefore need of the hour today, is to play a fine balance between the
centripetal and centrifugal forces of unity and at the same time balancing the
centralising features of unity with the decentralised virtue of Indian federalism .
Recommendations of Sarkaria Commission:
In 1983, the Sarkaria Commission was constituted to look in to the language problem in India
and suggest measures. The Commission was headed by R.S. Sarkaria. The Commission made
the following recommendations:
o Three language formula: It included the implementation of regional language, Hindi
and English at the school level education.
o English was to be retained as the official language.
o Reorganisation of states into administrative units.
o Ban on Political parties and other organisations trying to promote Linguism..
Growth of Linguism:
The phrase linguistic fanaticism implies, any attempt by a linguistic group or an individual to
show disrespect or decry other constitutionality recognized languages or dialects or
subjugate, minorities on linguistic basis or preach secessionist movement in the name of
language. The re-organization of states was done on the basis of recognized languages of
India and it placed many linguistic groups in a minority position in the States where they
resided. This generated a feeling among all linguistic minorities that if they do not have a
home state, they are second class citizens and those who get such home states started feeling
that they only have the right to live and prosper in their states.
Causes of Linguism:
Regionalism:
Linguistic fanatism has promoted local identity. It has created distinctiveness among people.
The regional differences have come in the way of national integration. Regionalism is the
expression of a common sense of identity and purpose by people within a specific
geographical region, united by its unique language, culture etc.
Rise of Regional Parties:
Linguism has resulted in the formation of regional political parties. The regional political
parties formed governments in several states and tried to give concrete shape to their policies
and programmes. At the present juncture these regional parties are playing a crucial role in
the formation of government at the centre and also at some states. Most of these regional
parties paly politics of language of their states.
Exploitation of People by Politicians:
Language has evoked psychological and emotional feelings among people. Politicians are
promoting the spread of only particular languages through monetary inducements. They
exploit the sentiments of people at the time of election.
Erosion of National Feeling:
Linguistic loyalty has come in the way of national integration. People are much concerned
about the regional gains, than the interest of the nation. Thus, interstate boundary disputes,
river disputes have become common.
Major Events of Linguism:
o In 1937, the first anti-Hindi imposition agitation was launched in opposition to the
introduction of compulsory teaching of Hindi by the first Indian National Congress
government led by C. Rajagopalachari in the Madras presidency schools. This move
was immediately opposed by E. V. Ramasamy (Periyar) and the opposition Justice
Party (later Dravidar Kazhagam).
o In 1965 as the day of switching over to Hindi as sole official language approached,
the anti-Hindi movement gained momentum in Madras State with increased support
from college students. In the same year a full-scale riot broke out in the southern city
of Madurai, sparked off by a minor altercation between agitating students and
Congress party members. Finally, to calm the situation, Indian Prime Minister Lal
Bahadur Shastri gave assurances that English would continue to be used as the official
language as long as the non-Hindi speaking states wanted.
o Before and around the 1980s, Sanskrit would be available to learn at the high school
level in Karnataka, and students chose it as it was a way to gain easy marks, and thus,
a higher state rank. Then Chief Minister D Devaraj moved Sanskrit from a first
language to a third language. The next Chief Minister, R Gundu Rao reversed this
decision. With a committee under Professor VK Gokak, many Kannadigas began to
protest against this reversal. The Gokak Committee Report stated for Kannada to be
the sole first language. The delay from the State to uphold this led to protests and due
to it, several deaths.
Conclusion
Disputes over boundaries between different states, linguistic minorities and economic issues
such as sharing of waters, and power and surplus food still persist.
However, their decision to linguistically reorganize the states has removed one important
factor that would’ve jeopardized India’s integrity and thus strengthened the cau of Indian
unity
India is a multilingual country where linguistic diversity found. Politicisation of languages
has been since the independence. People have agitated for long time to get status as a national
language. As is seen the official language of India has been a controversial issue. Although
Hindi is the de jure official language, English has been a de facto official language in India.
This coexistence is due to the historical, cultural, social and political settings of languages in
India. Debate on official language is not yet over. Besides, which language should be chosen
as the official language, it’s script is also argumentative. For example, some politicians and
thinkers have suggested to use Roman script instead of Devnagari for Hindi. In Goa, Konkani
and Marathi are official languages but the script is not Devnagari but it is Roman.

LANGUAGE POLICY IN INDIA

Language with reference to policy is India is dealt with in:
1) The Official Language policy -which states the languages to be used for official purposes;
and
2) Policies regarding education of languages.
The Constitution also provides various provisions for development and safeguarding of
languages.
Official Language policy
According to the Official Language Policy, Hindi in Devanagari script is the official language
of the Union. The Constitution of India (1950) states that English and Hindi would be used
for official business for 15 years in Article 342(2) and 343(3), after which English would be
supplanted by Hindi and be the only official language of the Union. However, the
replacement of English with Hindi was opposed by many non-Hindi speaking states, mostly
in the south. Thus, the Official Language Act of 1963 states both English and Hindi as official
languages whereas the states can choose their own formal languages.
Policies regarding use of language in education:
Language education is one of the most important fields for imparting knowledge and
sustaining the progressive use of a language. Thus, the language policy in India places special
emphasis on policies regarding the education of languages.
National Education Policy 2020
The NEP 2020 continues to implement the three language formula and states that there will
be greater flexibility in the three-language formula and no language will be imposed on any
State. The draft NEP 2019, included compulsory study of Hindi which was revoked later due
to heavy opposition from the non-Hindi speaking states.
NEP 2020 states that:
 learning three languages will be the choice of States, regions, and students
themselves, as long as at least two of the three languages are native to India.
 Wherever possible, the medium of instruction until at least Grade 5, but preferably till
Grade 8 and beyond it will be the home language/mother-tongue/local
language/regional language to be followed by both public and private schools.
 High-quality textbooks, including in science, will be made available in home
languages/mother tongue along with extensive use of technology for teaching and
learning of different languages and to popularize language learning
Limitation and recommendation- Language Policy in India has specifically focused on
education and emphasized on the benefits of multilingualism and learning in the mother
tongue. However, the recommended policies have not been followed uniformly in the nation
due to various reasons such as:
 lack of knowledge about the benefits of mother tongue learning;
 preference for English medium education;
 difference in mother tongues in the same region/classroom;
 heavy opposition due to fear of imposition of majority language;
 lack of infrastructure to support policy goals; and
 economic, social and employability prospects.
The language policy faces problems in terms of implementation as the link required to
support the educational benefit of studying in the mother tongue is absent.
Effective implementation of the three language policy would require
 impartation of awareness about the importance and benefits of use of mother tongue
in primary education and multilingualism;
 flexibility and increase in options of language mediums state wise as the mother
tongue of students vary even in the same state;
 enhancement in school infrastructure(teaching staff, study materials, etc) and
pedagogy to enable effective learning;
 proper facilities which focuses on multilingualism right at elementary stage to enable
smooth transition of students from mother language education to other widely used
and known languages;
 resources and infrastructure to support higher education in mother tongue and
regional languages;
 creation of opportunities of employment for vernacular learning students.
Conclusion
Due to the disparity in implementation of language policy and lack of facilities to enable
proper application, language acts as a barrier for many individuals studying in vernacular as
they are unable to transition smoothly into education in other languages. This disparity is
further aggravated in the employability, economic, and social scenario. The difference in the
medium of language in education has led to variability in learning outcomes, equity and
language proficiency among the citizens. There is also a decline in the number of individuals
speaking minority languages which is detrimental for the community and composite culture
of India.
The implementation of the policy so far has been hindered due to fear of language imposition
along with promotion of selective language, gap in understanding benefits and non uniform
implementation. The advantages of the existing language policy can only be realized through
thorough and effective implementation across the nation with the aim of promoting and
preserving the composite culture and languages of India.
What is language discrimination?
Language discrimination occurs when a person is treated differently because of her native
language or other characteristics of her language skills. For example, an employee may be
experiencing language discrimination if the workplace has a “speak-English-only” policy but
her primary language is one other than English. She may also be the victim of language
discrimination if she is treated worse than other employees because she speaks English with
an accent, or if she is told she does not qualify for a position because her English is not good
enough. Language discrimination may also occur if a person is denied access to businesses or
government services because he or she does not speak, understand, read or write English
well.
No-discrimination on the ground of language:

Art 14 : of the constitution prohibits the state from discriminating on the ground of language
before the law.
Art 15: Prohibits the State from making any laws or discriminating on the ground of language
in the public places.
Art 16:Prohibits discriminating any opportunity of employment or promotion.
Art:23(2) of the constitution, State may impose compulsory service for public purpose but
can not discriminate on the ground of language.
Art 29(2) : states that no citizen shall be denied admission into any educational institution
maintained by the state or receiving aid out of State funds on ground only of
religion,race,caste,language or any of them.
In India language is not an important divisible factor but plays just a minor role than the
religion, castes or regionalism.
Why is language discrimination illegal?
The laws mentioned above make it illegal for employers to discriminate against an employee
because of his or her national origin. (“National origin” generally refers to the country that a
person, or that person’s ancestors, came from.) But because the primary language a person
speaks is closely related to the place she came from, or the place her ancestors came from,
being discriminated against for using that language, or because of characteristics having to do
with that language, has much the same effect as if that person were being discriminated
against because of her national origin.
linguistic division of states can be analysed as follows:
1. Regionalism:- Linguism has promoted local identity. It has created distinctiveness among
people. The regional differences have come in the way of national integration.
2. Exploitation of people by Politicians:- Language has evoked psychological and emotional
feelings among people. Politicians are promoting the spread of only particular languages
through monetary inducements. They exploit the sentiments of people at the time of election.
3. Erosion of national feeling:- Linguistic loyalty has come in the way of national integration.
People are much concerned about the regional gains, than the interest of the nation. Thus
interstate boundary dispute, river dispute have become common.
4. Emergence of regional Political Parties:- Linguism has resulted in the formation of
regional political parties. At the present juncture these regional parties are playing a crucial
role in the formation of government at the centre and also at some states. This has caused the
Problem of political instability in the country. It has even increased the cost of election.
5. Demand for separate states:- Extreme sense of Linguism has caused linguistic conflicts.
Such conflicts are quite often supported by politicians. E.g: Demand for a separate state by
people of "north Karnataka" region.
6. Threat to sovereignty: Linguism is posing a severe threat to the integrity of the country. On
the basis of language people have become more self centered without thinking of the progress
of the country. In Some states the regional language is being used even for administrative
purposes, which causes a major problem to people who do not belong to that particular state.

Introduction
Issues like untouchability and casteism are still common in rural areas. The reason for this is
the deep rooted traditions of casteism. Not just adults, even children are subjected to this
form of discrimination. Be it in the community, schools or even the playground, many
children face humiliation because of caste discrimination. There have been instances where
during the mid-day Meals served in schools, children of schedule castes have been asked to
sit separately and eat; scheduled caste girls have been asked to clean the school toilets; and
teachers have asked children belonging to the minority community to sit right at the back in
class.
Defining Caste:
According to Risley, a caste can be defined as a hereditary endogamous group, having a
common name, common traditional occupation, common culture, relative rigidity in matters
of mobility, distinctiveness of status and forming a single homogeneous community.
Ketkar defines a caste as a social group having two characteristics:
o membership is confined to those who are born of members and includes all persons so
born.
o the members are forbidden by an inexorable social law to marry outside the group.
Each one of such groups has a special name by which it is called. Several of such small
aggregates are grouped together under a common name, while these larger groups are but
subdivisions of groups still larger which have independent names.
Origin of Caste System in India:
A caste lies at the root of Indian social structure. The Indian caste system is a classification
of people into four hierarchically ranked occupational groups and access to wealth called
varnas. In the varnas, the Brahmans, usually priests and scholars, are ranked at the top. Next
are the Kshatriyas, or political rulers and soldiers. They are followed by the Vaishyas, or
merchants, and the fourth varna of consists of the Shudras, who are usually labourers,
peasants, artisans, and servants. Outside system varna system there existed social castes who
were considered the untouchables. Each Varna includes within it several castes and sub-
castes.
The origin of caste is a subject, which has given rise to a great deal of speculation. The Indian
caste system which is an age-old institution, even to it, there is no unanimity with regards to
its origin. The caste structure is so complex that in spite of large number of researches done
by social scientists no valid explanation with regard to its origin could come out. There are
many theories like traditional, racial, political, occupational, evolutionary etc which try to
explain the caste system in India.
What is Casteism?
Casteism is defined as the practice of discriminating against people based on their caste. This
form of discrimination is sometimes seen in everyday life, such as in the workplace, in
education, and in social interactions. Casteism is one of the rural social problems, which is
very peculiar to the Indian society. Indian society is a country of various religions. Each
religion is sub-divided into different castes and these castes again into sub-castes. The culture
of each caste varies though they all belong to one religion. Among these castes, certain are
given a high status and others a low status, depending upon their caste occupation.
In casteism, there is a hatred of one caste by the other, or the attempts made by the members
of one caste to gain personal advantages to the detriment of interests of the other caste
members. Casteism is considered as a social problem as it disturbs the sound governmental
politics and democracy and paves the way for mutual group conflicts. Casteism is manifested
in the form of clashes between various castes for higher share in the socio-economic
privileges and power.
Causes of Casteism:
The feeling of caste prestige:- One of the important causes attributing to the growth of
casteism in Rural India is the strong desire of the people belonging to a particular caste to
enhance the prestige of their, own caste. It is the most important cause of casteism. The
feeling of superiority by the members of a caste over the rest may be construed as an
important cause of casteism. Members of a particular caste or sub-caste have the tendency of
developing loyalty to their own caste.
The prestige of caste can be maintained only when every opportunity is availed in order to
improve the social statue of its member. In order to achieve this objective every caste
provides its members with all possible privileges in order to raise their social status. This
tends to increase casteism. Therefore, members of caste endeavour to stabilize the position of
their own caste, which ultimately results in casteism. This type of loyalty towards the caste
makes the members of the caste in favour of their own members of the caste wherever they
get the opportunity. It leads to casteism.
Caste Endogamy:- Endogamy is the chief characteristic of caste, i.e., the members of a caste
or sub-caste should marry within their own caste or sub-caste. The violation of the rule of
endogamy would mean ostracism and loss of caste. Caste endogamy is therefore responsible
for the emergence of the feeling of casteism. The practice of endogamy makes the people
narrow-minded. However, hypergamy (the practice of women marrying someone who is
wealthier or of higher caste or social status.) and hypogamy (marriage with a person of lower
social status) were also prevalent. Gotra exogamy is also maintained in each caste. Every
caste is subdivided into different small units on the basis of gotra. The members of one gotra
are believed to be successors of a common ancestor-hence prohibition of marriage within the
same gotra. Thus, individuals are more prone to develop their loyalties towards their own
caste and sub-caste people. By restricting the circle of marriage to one’s own caste, people
have developed different degrees of social distance within their own caste and outside their
own caste.
Impact of Urbanization:- Industrialisation and urbanisation are the two processes of
modernisation. Industrialisation and urbanisation indirectly favour casteism. Due to the
impact of industrialization people migrate from the rural areas to urban areas. When they go
to a new place, naturally they search for their caste people. They consider their own caste
people as their own potential friends and well-wisher. Hence it leads to strengthen caste
feeling and casteism. As a consequence the people of different castes formed different
associations to seek maximum benefits of the caste members and its leads to casteism in
urban India.
Increase in the Means of Transport and Communication:- In the past, lack of the means
of communication hindered the growth of casteism in India to a great extent. Advancement
and improvement in the means of transport and communication leads to a better organisation
of caste. Developed means of communication and transport have abridged the communication
gap and have cut down the physical distance. As such, people now move quickly and easily
from one place to another. This has enabled the members of a caste to come together and
exchange their views and ideas. The feeling of casteism is also rapidly propagated through
the medium of newspapers. This developments enable them to discuss various issues relating
their caste interest. Accordingly, they formulate various programmes to solidify the base of
their own caste group.
Illiteracy:- Lack of literacy leads to narrow-mindedness. Mostly the illiterate people have
more caste feelings. Hence it leads to casteism. Rural people are so illiterate and ignorant that
they are very conservative and deeply motivated by narrow thought and superstition. They
believe deeply in old customs, traditions, folkways, mores, norms and so on. The rural people
are very orthodox in their nature. They oppose strongly to any change in society. Being
influenced by the rigid customs and traditions, the rural people consider their own caste as
superior. It gives birth to casteism.
Belief in Religious Dogmas:- Due to illiteracy, people are governed by belief in religious
dogmas, blind beliefs and superstitions. Due to the practice of ‘Jati Dharma’ they take interest
in their own caste. It leads to caste feeling and casteism.
Social Distance:- The higher castes claimed to have ritual, spiritual and racial purity which
they maintained by keeping the lower castes away through the notion of pollution. The idea
of pollution means a touch of lower caste man would pollute or defile a man of higher caste.
Even his shadow is considered enough to pollute a higher caste man. They maintain the
distance through different restrictions like inter-caste mintages, Inter-dinning etc. This has
given rise to casteism. As a result of which a strong caste feeling develops among them. This
feeling gradually converted to casteism.
Social Inequality:- Under Caste System, the whole Hindu society is divided into two broad
groups, higher and lower castes. In a caste ridden society the higher caste people enjoy all the
privileges while the people of lower caste suffer from all kinds of disabilities. It leads to
social inequality between the two caste groups. This caste inequality is the root cause of
casteism.
Reservation Policy:- Some special privileges which constitutionally provided to the
members of a particular caste expedite casteism in modern Rural India to some extent. Due to
the reservation policy of the government, the people of lower caster getting maximum
benefits in the fields of education, job and other occupational sectors. But in actual practice, it
is found that the lower caste people who have not adequate skill are posted in different posts.
On the other hand, the people of higher caste having the adequate skill and capacity are
deprived of such facilities. As a consequence, a cold war started between the members of
higher and lower castes. This war is the root cause of casteism.
Jati Panchayat: The status of each caste is carefully protected, not only by caste laws but
also by the conventions. These are openly enforced by the community through a governing
body or board called Jati Panchayat. These Panchayats in different regions and castes are
named in a particular fashion such as Kuldriya in Madhya Pradesh, Khap in Haryana and
Jokhila in South Rajasthan.
Effects of Casteism:
Casteism Hinders the National Unity:- Casteism is a hindrance the development of national
feeling. People belonging to various castes develop caste consciousness and thus tend to fulfil
and fight for their caste interests which ultimately hinders national unity and integrity. Due to
the vested and narrow Interests of their own caste group, people lose sight of the broader
Interest of the nation. Casteism divides people in the name of caste and encourages
intolerance. Jealousy, rivalry and conflicts among members of the It gives rise to disharmony
in the society and hinders the national unity.
It Acts Against the Spirit of Democracy:- Democracy presupposes human equality, but the
caste system believed in inequality and there was a hierarchical arrangement wherein the
Brahmins were at the top, whereas the Sudras were at the lowest rung of the ladder. Thus, the
caste and democracy do not go together. Caste is based on inequality whereas democracy
assures equality. So casteism is dangerous to democracy. It is fundamentally opposed to
democratic principles.
It Leads to Untouchability:- This is the worst effect of the caste system. The lower castes or
people who performed menial jobs were treated as untouchables. The untouchable suffered
from various social, economic, political and religious disabilities. In the name of religion,
they were thoroughly exploited in the most inhuman manner. They were not allowed to visit
temples, take water from ponds and wells used by upper castes. To prevent the upper caste
students from being polluted by the shadow and touch of lower caste people, children of the
latter were not allowed in schools thus preventing them from accessing education.
It Encourages Moral Degeneration:- Casteism contributes to moral degeneration. It
encourages corruption and nepotism. It promotes corruption in public life. In the process of
development, people want to promote the welfare of their own caste people. It leads to severe
moral degeneration and lowering down our values in the society. Favouritism towards one’s
own caste leads to corruption and degeneration in moral values.
Casteism Leads to Negligence Talents and Efficiency:- Since in the caste system one’s
status and role are fixed up from the time of one’s birth, one’s ability, personal endeavour or
diligence became meaningless in order to bring about any transformation. Sometimes it so
happens, if candidates are selected and appointments are made on the basis of caste, and then
ultimately casteism leads to negligence of talents and efficiency of the people. Thus,
acceptance of one’s own hereditary status became mandatory and unquestionable. Thus, the
aspirations and ability of people were relegated to the background in the caste system.
Casteism Hinders Economic Progress:- Casteism hinders economic as well as social
progress. If appointments or recruitments will be made on caste basis then it may lead to
lower rate of production in social and economic sphere. So ultimately it hinders economic
progress. There will be a great obstacle placed in the path of the nation’s Industrial and
technological advancement.
Religious Conversions:- Casteism sometimes leads to religious conversions, especially
among the low caste groups, who are not financially sound. The dominance of Brahminism
became intolerable on the part of the Sudras, who were the most neglected people in the
Hindu society. They were easily allured by the ideology and philosophy of Islam as well as
Christianity. Many of them embraced the new faiths. In this way the caste system contributed
to the expansion of Christianity and Islam in India.
Caste as a Divisive Factor:
 Impact of caste system on social and economic status of society:
o Hinders Social Progress: Caste system poses a hindrance to social progress
because it does not allow changes to be easily introduced into the society.
 Under the caste system, the individual is not free as he needs to
conform to the age-old customs of his caste. This rigidity of the system
has hindered social progress in our society.
o Stifles Economic Progress: As occupations are determined by status, the
worker is denied his freedom to choose an occupation of his liking.
 This leads to immobility and inefficiency of labour and thereby stifles
economic progress.
o Leads to Political Disunity: In the caste system, an individual is required to
be more loyal to his caste than to any other group. Hence, it fosters casteism
rather than nationalism among the people.
o Perpetuates Social Inequalities: Caste system has served as an instrument in
the hands of the upper castes to maintain their own privileged position in
society.
  It has led to the despotism of the upper castes and created permanent
feelings of inferiority and insecurity in the minds of lower caste
people.
o Imposes Hardships on Women: In many cases, the caste system has proved
to be exploitative for women. Under caste system, a caste wishing to raise its
status in the caste hierarchy should follow certain customs like child marriage,
prohibition of widow remarriages and seclusion of women, all of which lead
to hardships for them and degradation of their status in society.
o Creates Untouchability: This practice as it has developed historically in this
country is a product of the Hindu caste system, according to which particular
section amongst the Hindus had been looked down upon as untouchables by
other sections of that society. Untouchability is now prohibited under article
17 of the Indian Constitution.
o Against Democratic Ideals: The caste system ran contrary to the democratic
spirit. Democratic ideals presuppose human equality, but the caste system
believed in inequality. There was a fourfold hierarchical arrangement of castes
where lower castes were exploited in every field by the higher castes.
o Marriages: Most Indian marriages are arranged by parents. Several factors
were considered by them for finding the ideal spouse. Out of which, one’s
caste is a significant factor.
 People do not want their son or their daughter to marry a person from
another caste. Just like the word “untouchables” suggests, a Brahmin
would never marry a person from an SC or ST caste.
o Education: Public universities have caste-based reservations for students
coming from underprivileged backgrounds. Therefore, a person from social
backward community can secure a seat in a top tier college based on
reservation.
o Jobs: People from impoverished communities gets significant amount of
public sector jobs as the jobs are allocated based on caste reservation.

How was the caste system born?

How was the caste system born? This is the debatable issue and each one has different
theories regarding the establishment of the caste system in India. Manusmriti is one of the
oldest legal books of Hindu law. As per the religious theory, the caste system originated from
Brahma, and further, the caste system is divided into four categories that are Brahman,
Kshatriya, Vaishya’s, and Sudras.

When we talk about te Brahman (Priest and Teacher) then he used to be superior to all three
and in the categories of Brahman only the teacher and intellectual used to come. The
Brahmans were created from his naval. The second is Kshatriya (Rulers and soldiers) who are
created from his hands and in the Kshatriya categories warriors and rulers people used to
come.
The third is Vaishya’s (Merchant and traders) who were created from the thigh and in the
Vaishya’s categories, the traders used to come. The fourth is Sudras who were created from
the Brahma feet and they used to do all types of menial work. The fifth category of people
who fall outside of the caste system is Dalit.

The Constitution of India says that the right to marry a person of one’s choice is integral
to Article 21 which talks about the protection of life and life and personal liberty. But it is
unfortunate that if a boy belonging to a small caste marries a girl above his own, then the
society does not accept him and boycott their family from society. The practice of boycotting
is not only limited to the caste rather this boycotting practice is also done according to
religion when a boy from another religion marries a girl from another religion. Such type of
illegal and moral activity will also come under the ambit of caste discrimination; the only
difference is that society is discriminating based on religion. These all practices are the bitter
truth of the society which is all being followed in the twentieth century.

The constitutional framework and Law related to Scheduled Caste and Scheduled
Caste, people

Article 17 of the Indian Constitution says that “Untouchability” is abolished and its practice
in any form is forbidden.

Article 46 of the Indian Constitution says that the state has a responsibility to protect the
scheduled caste and scheduled tribes, peoples from social injustice, and all forms of
exploitation in the society.

To protect the social, economic, cultural interest of the scheduled caste people, the Indian
Constitution has set up a constitutional body with a view to providing a safeguard against the
exploitation of scheduled caste and Anglo Indian Communities. Article 338 of the Indian
Constitution deals with the National Commission for Scheduled Castes. It is a duty of the
commission to investigate all types of atrocities, to inquire into specific complaints
concerning the deprivation of rights, and to safeguard the scheduled caste people.

Has caste discrimination taken the shape of religious discrimination?

India is a secular country. In the 42nd amendment, Secular word has been inserted in the
Indian Constitution which means equal treatment to all religions by the State. Day by day the
ambit of caste discrimination is taking the shape of religious discrimination which means
People of one society have started discriminating and hating people of another society based
on religion. In the coming few years India has seen rigorous hate crime towards the minority
communities. There is no proper definition of a minority in the Indian Constitution. A
minority of some places can also be Muslim or a minority of some places can also be Dalit.
In the last few years, the number of hatred in Dalit society has increased as much as hatred in
Muslim society. In the last few years, the number of hatred in the Muslim community and the
Dalit community has constituted equally.

In current times many people are lynched by the mob just because of not chanting the Jay
Shree ram or in the name of eating the beef. Leaders, political parties, and affiliated
organizations are responsible for increasing hate and violence in society. You cannot ignore
the role of the TV debate for promoting hate and violence in society.

The reasons behind the backwardness of Dalit and untouchability in society

When Baba Saheb Ambedkar went to school then he was asked to sit outside the school and
he studied but after the century the scenario has not changed much. Dalit is not a caste it is
an identity. The person who exploits, tortures, cannot be a Dalit, rather he is exploited and
discriminate against to others. The person who discriminates to lower caste people that shows
his mentality. In India, Caste discrimination and the caste system are one of the world’s
longest social hierarchy and patriarchy things in the world. A man’s caste and caste
discrimination begin with the birth of a person. If a person is born in a Dalit family, then it is
a social assumption is he belongs from the Dalit community and the Dalit community is
untouchable in society. No one thinks that before Dalit he is a human being and he has all the
right to live life as upper caste people’s lives.

Lack of education- By the Eighty-sixth amendment act, Article 21A was inserted in the
Indian Constitution which talks about Free and compulsory education to all the children in
the age group of six to fourteen years as a Fundamental Right.Education is the only means to
improve society. Indian Constitution provides the reservation to the backward class people
but the Reservation will go in vain when the beneficiary is not getting the benefit. A
particular community is getting the benefit of the reservation because he belongs from the
backward society and he is not in the position to bear the expense of the education as a well-
settled family able to bear the education expense. But we see that after all, they are not
growing in society as they should. So the illiteracy in society is one of the root causes of the
backwardness and discrimination of the deprived people.

Lack of Agricultural land- India is an agricultural country wherein the rural area most of the
population is dependent on agriculture. In rural areas, the source of income is farming. But
most of the land belongs to the upper caste people. Dalit does not have its land but those who
own land often own very little Where he cannot grow the crop or sell it in the market and get
a reasonable price. Because he does not have the land the only option left to him to earn
money by the daily wages or work in someone’s agricultural land.

Lack of access to the land makes Dalit economically weak and that’s why one has to work in
another field. Exploitation arises here when he starts working in another field because poor
people have to work according to their boss. When poor people work on the daily wages then
he earns three hundred rupees in a day where he has to buy his ration for the same three
hundred rupees and run the whole family. Therefore, instead of sending children to school,
poor people think that it is appropriate to take them to work together so that two people can
earn six hundred in a day. Here the society fails.

Fear from high society classes- There is fear in the eye of poor people that have been going
on for years and that fear remains as it is today. We used to see in the movie or teacher used
to teach that when any lower caste people were crossing from the upper caste people’s house
then he had to remove his sleeper and put it on his head and pass-through front of that house.
Today these all practice rarely happen but cannot deny that these all practice has been
abolished. The people of the upper caste used to keep the poor as bonded labour and they
used to get some agricultural land from the boss for farming. And these bonded labour used
to run as hierarchy like if that bonded labourer dies then his son will work in his father’s
place. That is why the poor people in the society are still afraid of the people of high caste.
That’s hierarchy should be change and poor people need to be treated with love rather than
fear so that the gap between a lower caste and upper caste can be ended and also eliminate
discrimination from society.

The low number of Inter Caste Marriage Ratio- Nowadays we read the news in the
newspaper that a lower caste boy runs away with an upper-caste boy and the family of the
boy killed the girl. We don’t get to hear or read the news that Upper caste boy has been
murdered for marrying a Dalit woman or lower caste girl. If an Upper cate men marriage a
Dalit or lower caste girl, then the family of the Upper caste wants to murder the Dalit girl
while the family of the Dalit girl or lower caste family does not complain about that marriage.
That means society accepts the inter-caste marriage but not all inter-caste marriage. They
accept the inter-caste marriage where the boy should be from the upper caste while girls
should be from the lower caste or if the opposite happens then society will murder you. A
way to remove the caste discrimination from society is inter-caste marriage. The more inter-
caste marriages in the society, the sooner the discrimination in people will end.

Lack of political representation and command while taking any decision- You can estimate
the country’s development by looking at the development of the village. Because most of the
population lives in rural areas. In an urban area, everyone is aware of their right while in rural
areas they are aware of their right. The Panchayat election is held every five years and the
Indian Constitution gives the reservation to contest the panchayat election. So, if someone
comes from the lower caste and he can make their own decision without any interference of
upper caste people or pressure from someone strong people of the society so they can
eliminate the caste discrimination and atrocities from the society. Sometimes we see that
because of the reservation lower caste candidate win the election but the key to power is in
someone’s else hand and all the decision are taken by other people and he remains just
dummy.

So more and more participants in the Panchayat election or State Assemble Election and to
work for the marginalized sections of the society can eradicate the caste discrimination and
atrocities from society.

Conclusion- India is a diverse country and it is the world’s largest democratic country. Here,
when we retrospect then India is in question that after more than the seven decades of
independence, people are discriminating one another based on their caste. It is not as same as
poverty that western country will allocate some funds to eradicate it. It is totally the
perception and mindset of the common people of the society where they can finish it
themselves.

Caste discrimination is not something that has emerged post colonially. Caste discrimination
is a type of poison and it has become the one of the social tradition and social culture which
is increasing day by day in the society.
Measures taken to Eliminate Caste based Discrimination:
o Constitutional Provisions:
Prohibition of Discrimination:Article 15 of the Constitution of India states that the State
shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place
of birth or any of them.
Equality of Opportunity:
Article 16 of the Constitution of India states that:
There shall be equality of opportunity for all citizens in matters of employment under the
State.No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth or
any of them, be ineligible for any office under the State.
Compulsory Education:Article 21A of the Constitution of India states that:
The State shall provide free and compulsory education to all children of the age of six to
fourteen years in such manner as the State may, by law, determine.
Land Ceiling:
The laws set a limit on how much land an individual or corporation could hold, also known as
a land 'ceiling', and allowed the government to reapportion surplus land to the landless.
Pradhan Mantri Kaushal Vikas Yojana (PMKVY):
It aims to mobilise youth to take up skill training with the aim of increasing productivity and
aligning the training and certification to the needs of the country.
SANKALP Scheme:
Skills Acquisition and Knowledge Awareness for Livelihood (SANKALP) is an outcome-
oriented programme of the Ministry of Skill Development & Entrepreneurship
(MSDE) with a special focus on decentralised planning and quality improvement.
Stand Up India Scheme:
It was launched in April 2016 to promote entrepreneurship at the grass-root level focusing on
economic empowerment and job creation.
To leverage the institutional credit structure to reach out to the underserved sector of people
such as SCs, STs and Women Entrepreneurs.
Pradhan Mantri Mudra Yojana:
It provides funding to the non-corporate small business sector through various last-mile
financial institutions like Banks, Non-Banking Financial Companies (NBFCs) and Micro
Finance Institutions (MFIs).
Loans have been given to disadvantaged sections of society such as women entrepreneurs,
SC/ST/OBC borrowers, Minority community borrowers, etc. The focus has also been on new
entrepreneurs.
Measures to Prohibit Caste Discrimination:
After Independence the spread of education and social reform movements played a
significant role in emancipation of socially and economically backward castes and classes. It
is through them and various other legal constitutional measures the discrimination based on
caste and other factors was prohibited. Our Constitution is based on democratic values of
equality, liberty and fraternity. It does not allow any discrimination.
In order to fulfil the Constitutional mandate, several Acts were passed in the Parliament to
end the exploitative and discriminatory practices against lower castes. The government of
India has enacted laws to remove untouchability. It has also brought in many reforms to
improve the quality of life of the weaker sections of society. Some of them are:
o the Constitutionally guaranteed fundamental human rights;
o the Abolition of ‘untouchability’ in 1950;
o the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and
o the Provision of reservation in educational institutions, employment and other
opportunities;
o the establishment of the department of Social Welfare and National Commissions for
the welfare of Scheduled Castes and Tribes and the Untouchability (Offences) Act,
1955, renamed as Protection of Civil Rights Act, in 1976. The SC & ST Act, 1989 is
one of the important measures to check, deter and prevent activities against them.
o There is also an Act, 2013 for the Prohibition of Employment as Manual Scavengers
and their Rehabilitation. This Act aims to prohibit the employment of manual
scavenging, the manual cleaning of sewers and septic tanks without protective
equipment, and the construction of unhygienic latrines. The Act seeks to rehabilitate
manual scavengers and seeks to provide alternative employment to them.
Some Cast Related Violence in India:
o Genocide of Maharashtrian Brahmins :In 1948, after the assassination of Mahatma
Gandhi by Nathuram Godse who was a Chitpavan Brahmin, Marathi Brahmins were
targeted by Kunabi- Maratha community. Several incidents of burning of homes were
reported.
o Dalelchak-Bhagaura Massacre: In 1987, there was a killing of 42 upper caste
members particularly from Rajput community in Bihar organised by a Maoist
Communist Centre (MCC), a far-left militia led by Yadavs and composed mostly of
members of lower (scheduled) castes. The incident was a retribution of killings of
scheduled caste members by upper-caste militant organization like Kuer Sena and
Ranvir Sena.
o Kilvenmani Massacre: In 1968, a group of 44 Dalit village labourers from Tamil
Nadu who were on strike for higher wages were murdered by a gang, sent by their
landlords.
o Behmai Massacre: Phoolan Devi was an Indian dacoit (bandit. Born into a traditional
Mallaah (boatman class) family, she was kidnapped by a gang of dacoits. The Gujjar
leader of the gang tried to rape her, but she was protected by the deputy leader of that
 gang Vikram, who belonged to her caste. Later, an upper-caste Thakur friend of
Vikram killed him, abducted Phoolan, and locked her up in the Behmai village.
Phoolan was raped in the village by Thakur men, until she managed to escape after
three weeks. Then Phoolan Devi formed her own gang. On 14 February 1981, her
gang massacred 22 Thakur men in the village, only two of which were supposedly
involved in her kidnapping or rape. Kshatriya Swabhiman Andolan Samanvay
Committee (KSASC), a Kshatriya organization, held a statewide campaign to protest
against her. She was elected a Member of Parliament twice and fought for Dalit &
Indigenous Rights.
o Karamchedu massacre: In 1985, madiga-caste dalits were killed by the Kamma
caste people in Andhra Pradesh. Many people lost their lives in the incident.
o Tsundur massacre: In 1991, 8 dalits were killed, when a mob of over 300 people,
composed of mainly Reddys and Telagas chased down the victims along the bund of
an irrigation canal.
o Laxmanpur Bathe massacre: In 1997, Ranvir Sena gunned down 58 Dalits at
Laxmanpur Bathe, Jehanabad, in retaliation for the Bara massacre in Gaya where 37
upper castes were killed.
o Khairlanji massacre: In 2006, four members of the Bhotmange family belonging to
the Mahar community of Maharashtra were killed by a mob of 40 people belonging to
the Maratha Kunbi caste.
Conclusion:
The caste system in India is undergoing changes due to progress in education, technology,
modernization and changes in general social outlook. In spite of the general improvement in
conditions of the lower castes, India has still a long way to go, to root out the evils of the
caste system from the society.
RESERVATION
 The age-old caste system of India is responsible for the origination of the reservation
system in the country.
 In simple terms, it is about facilitating access to seats in the government jobs,
educational institutions, and even legislatures to certain sections of the population.
 These sections have faced historical injustice due to their caste identity.
 As a quota based affirmative action, the reservation can also be seen as positive
discrimination.
 In India, it is governed by government policies backed by the Indian Constitution.
Historical Background
 William Hunter and Jyotirao Phule in 1882 originally conceived the idea of caste-
based reservation system.
  The reservation system that exists today, in its true sense, was introduced in 1933
when British Prime-Minister Ramsay Macdonald presented the ‘Communal Award’.
 The award made provision for separate electorates for Muslims, Sikhs, Indian
Christians, Anglo-Indians, Europeans and the Dalits.
 After long negotiations, Gandhi and Ambedkar signed the ‘Poona Pact’, where it was
decided that there would be a single Hindu electorate with certain reservations in it.
 After independence, initially reservations were provided only for SCs and STs.
 OBCs were included in the ambit of reservation in 1991 on the recommendations of
the Mandal Commission.
Mandal Commission
 In exercise of the powers conferred by Article 340 of the Constitution, the President
appointed a backward class commission in December 1978 under the chairmanship of
B. P. Mandal.
 The commission was formed to determine the criteria for defining India’s “socially
and educationally backward classes” and to recommend steps to be taken for the
advancement of those classes.
 The Mandal Commission concluded that India’s population consisted of
approximately 52 percent OBCs, therefore 27% government jobs should be
reserved for them.
 The commission has developed eleven indicators of social, educational, and
economic backwardness.
 Apart from identifying backward classes among Hindus, the Commission has also
identified backward classes among non-Hindus (e.g., Muslims, Sikhs, Christians,
and Buddhists.
 It has generated an all-India other backward classes (OBC) list of 3,743 castes and a
more underprivileged “depressed backward classes” list of 2,108 castes.
 In the Indra Sawhney Case of 1992, the Supreme Court while upholding the 27
percent quota for backward classes,struck down the government notification reserving
10% government jobs for economically backward classes among the higher castes.
 Supreme Court in the same case also upheld the principle that the combined
reservation beneficiaries should not exceed 50 percent of India’s population.
 The concept of ‘creamy layer’ also gained currency through this judgment and
provision that reservation for backward classes should be confined to initial
appointments only and not extend to promotions.
 Recently, the Constitutional (103rd Amendment) Act of 2019 has provided 10%
reservation in government jobs and educational institutions for the “economically
backward” in the unreserved category.
  The Act amends Articles 15 and 16 of the Constitution by adding clauses
empowering the government to provide reservation on the basis of economic
backwardness.
 This 10% economic reservation is over and above the 50% reservation cap.
Constitutional Provisions Governing Reservation in India
 Part XVI deals with reservation of SC and ST in Central and State legislatures.
 Article 15(4) and 16(4) of the Constitution enabled the State and Central
Governments to reserve seats in government services for the members of the SC and
ST.
 The Constitution was amended by the Constitution (77th Amendment) Act, 1995 and
a new clause (4A) was inserted in Article 16 to enable the government to provide
reservation in promotion.
 Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to
provide consequential seniority to SC and ST candidates promoted by giving
reservation.
 Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the
state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the
succeeding year, thereby nullifying the ceiling of fifty percent reservation on total
number of vacancies of that year.
 Article 330 and 332 provides for specific representation through reservation of seats
for SCs and STs in the Parliament and in the State Legislative Assemblies
respectively.
 Article 243D provides reservation of seats for SCs and STs in every Panchayat.
 Article 233T provides reservation of seats for SCs and STs in every Municipality.
 Article 335 of the constitution says that the claims of STs and STs shall be taken into
consideration constituently with the maintenance of efficacy of the administration.

Judicial Scrutiny of Reservation

 The State of Madras v. Smt.Champakam Dorairajan (1951) case was the first
major verdict of the Supreme Court on the issue of Reservation.The case led to the
First amendment in the constitution.
 The Supreme Court in the case pointed out that while in the case of employment
under the State, Article 16(4) provides for reservations in favour of backward class of
citizens, no such provision was made in Article 15.
 Pursuant to the Supreme Court’s order in the case the Parliament amended Article 15
by inserting Clause (4).
  In Indra Sawhney v. Union of India (1992) case the court examined the scope and
extent of Article 16(4).
 The Court has said that the creamy layer of OBCs should be excluded from the list of
beneficiaries of reservation, there should not be reservation in promotions; and total
reserved quota should not exceed 50%.
 The Parliament responded by enacting 77th Constitutional Amendment Act which
introduced Article 16(4A).
 The article confers power on the state to reserve seats in favour of SC and ST in
promotions in Public Services if the communities are not adequately represented in
public employment.
 The Supreme Court in M. Nagaraj v. Union Of India 2006 case while upholding the
constitutional validity of Art 16(4A) held that any such reservation policy in order to
be constitutionally valid shall satisfy the following three constitutional requirements:

o The SC and ST community should be socially and educationally backward.

o The SC and ST communities are not adequately represented in Public
employment.
o Such reservation policy shall not affect the overall efficiency in the
administration.
 In Jarnail Singh vs Lachhmi Narain Gupta case of 2018, Supreme Court holds that
reservation in promotions does not require the state to collect quantifiable data on the
backwardness of the Scheduled Castes and the Scheduled Tribes.
 The Court held that creamy layer exclusion extends to SC/STs and, hence the State
cannot grant reservations in promotion to SC/ST individuals who belong to the
creamy layer of their community.
 In May 2019 the Supreme Court upheld the Karnataka law that allows reservations
in promotions for SCs and STs with consequential seniority.
Why reservation needed?
 To correct the historical injustice faced by backward castes in the country.
 To provide a level playing field for backward section as they can not compete with
those who have had the access of resources and means for centuries.
 To ensure adequate representation of backward classes in the services under the
State.
 For advancement of backward classes.
 To ensure equality as basis of meritocracy i.e all people must be brought to the same
level before judging them on the basis of merit.
Argument Against Reservation
  Reservation in state services led to divisions and enmity among government
employees, vitiating the atmosphere at workplace.
 Eradication, not perpetuation of caste was the objective of the reservation policy but
Caste Based Reservation only perpetuate the notion of caste in society.
 Reservation was introduced to ensure that the historically underprivileged
communities were given equal access to resources but irrespective of the economic
progress they continue to remain socially disadvantaged.
 Reservation destroys self-respect, so much so that competition is no longer on to
determine the best but the most backward.
 Reservations are the biggest enemy of meritocracy which is the foundation of many
progressive countries.
 It has became a tool to meet narrow political ends through invoking class loyalties
and primordial identities.
 The dominant and elite class within the backward castes has appropriated the
benefits of reservation and the most marginalised within the backward castes have
remained marginalised.
 Reservation has become the mechanism of exclusion rather than inclusion as many
upper caste poors are also facing discrimination and injustice which breeds frustration
in the society.
Reasons Behind Increasing Demands of Reservation
 Reservation is increasingly seen as a remedy for the adverse effects of ill-thought
out development policies.
 In developed states like Haryana, Gujarat and Maharashtra, in spite of their economies
being relatively better, three things have been worrying the people:

o Acute agrarian distress,

o Stagnation in employment growth and
o Distortions in the development trajectory.
 In this backdrop, for governments, it is easier to talk of reservation than to make
a course correction.
 Increasing reservation demands among upper castes also arising from the fear of
losing privilege and the inability to cope with change
 Upper castes have begun to feel disadvantaged especially in context of government
jobs as they don’t get similar advantages like backward classes.
Suggestion
 The reservation benefits should flow to the vast majority of underprivileged children
from deprived castes; not to a few privileged children with a caste tag.
 High ranks officials families, high income professionals and others above a certain
income should not get the reservation benefits especially in government jobs.
 Fair and practical ways to help needy person from each community through
reservation is possible and necessary.
 The process of reservation should filter the truly economically deprived individuals
and bring them all to justice
 Revolutionary changes in the education system at the grass-roots level is need of the
hour.
 There is also need for awareness generation because while the unreserved segments,
keep on opposing the provision, the neediest sections from within the reserved
segments are hardly aware about how to get benefited from the provision or even
whether there are such provisions exists.
 The radical solutions like excluding the entire creamy layer among all castes from
reservation and developing their capabilities instead of offering them reservation for
admission to higher education or jobs on a platter.