Preferential treatment for SC in Maharashtra : some negative aspects of "positive discrimination"

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Some negative aspects of "positive discrimination"

Pref erential treatment

for

se

in :Maharashtra

Thesis submitted in fulfilment of the degree of Master of Arts (doctorandus), University of Amsterdam, Department of Anthropology

Hub van Wersch, Octobre 1984, Amsterdam

I wish to thank my wife, Anju, for giving me preferential treatment while wri ting this paper and I hope that the children forgive me for some of the negative aspects that are part of it.

Finally I would like to mention the help of Anneke Hesp who corrected some of the most serieus mistakes in my English.

ehapter 1 Chapter 2 ehapter 3 Chapter

4

ehapter

5

ehapter 6 ehapter

7

Introducticin

Theories and terminology relating to untouchability

1 • 1 • Theories 1.1.1. Ambedkar 1 • 1 • 2. Dumont 1 • 1 • 3. Fuchs 1 • 1 • 4. Ghurye 1 • 1 •

5.

Hut ton 1 • 1 • 6. Karve 1.1.7. Meillassoux 1 • 1 • 8. Mencher 1 • 1 • 9. Summary 1 • 2. Terminology History of se policy

Scope of Programmes for Se and Be

Occupational elassification se in Maharashtra and India

4.1.

Important aspects of available data

4.2.

Urban and rural situation compared

Educational elassification se in Maharashtra and India 5.1. Edugational levels

5.2. Drop-outs

Employment and Education related for se 6.1. Effects on the lower levels

6.2. The case of the best educated

Reservations for se in Maharashtra and India 7.1. Reservation in government services

7.2.

Reservation in education

7.2.1. Distribution within Maharashtra 7.2.2. Social and political aspects

7.2.3.

Distribution in other states

7.2.4.

Quality of institutions

7.3.

Reservation in political field

7.3.1.

Performance in elections 7.3.2. Republican Party 1

5

5

6

7

8 9

9

10 11 12 12

14

20 26 32 32

34

39

39

43

48 48

50

54

54

61 63 65

67

68

70

72

76

Chapter 8

/ Chapter 9

ChapteE. 10

SC and Land Reforms

8.1. Intermediary Tenures 8.2. Tenancy Acts

s.3.

Ceiling Acts 8.4. Summary

Price for Progress

9.1. Increasing violence

9.2. Legal aspects of protection

9.3.

Class war or caste war? Summary and Conclusions Footnotes

78

81 82 85

89

90 90

93

98

101 109 Appendices: Ao

:a

C-1 C-2 D

Note on the term 1_dalit1 ₁₂₀

E F Ifä. bliography Key to numeration: 1 lakh = 1 crore

=

Progress of Plan Expenditure 122 Industrial Classsification SC 123 Categories used in Ind. Classification 124 Education in Urban and Rural Areas 125 List of SC in Maharashtra 126 Division of landholders according to land 127 128

100,000 10 million

List of Tables:

1.1 Expenditure on programmes SC and ST 27 1.2 Expenditure on SC compared with Total Expenditure 28 1.3 Expenditure on education & other programmes for SC 31

2. 1 2.2

3.

1 3.2

3.3.

3.4 3.5 Indus trial Indus trial Educational Educational Educational Educational Educational Classification

se

in India ₃₅ Classification

se

in Maharashtra ₃₅ levels for

se

in India 42 levels for

se

in Maharashtra 42 levels non-werking

se

in India 42 levels non-werking SC in Maharashtra 42 levels werking

se

(India+Maharashtra) 43 4.1 Enrolment in education in Maharashtra, 1950-1978 44 4.2 Distribution by standard in Maharashtra,1974&1977 45 4.3 Enrolment as percentage of relevant age group 46 5.1 Educational level SC and employment compared 48 5.2 Percentage of werkers among SC, 1971 49 6.1 Central Government Services: SC by Class (1951-75) 55 6.2 Public Sector Undertakings: SC by Class (1965-75) 55 6.3 State Government Employees:BC by Class, 1974 57 6.4 Percentage SC, ST and OBC by Class, 1974 57 6.5 Classwise distribution Gov. Employees by income 57

8 .1 8.2

s.3

Distribution of scholarships to SC

Educational position specific castes Maharashtra Election of SC and ST in Lok Sabha(non-reserved) Election SC and ST in Vidhan Sabha (non-reserved) Candidates according to party affiliations

Landholders according to size of land Distribution of surpl:us land to landless

Income and expenditure of agricultural labourers 61 64 73 73 75 81

86

88 10. 1 10.2 10.3 10.4 10.5 10.6

Atrocities against SC in 11 States in India Atrocities against SC in categories

Atrocities against SC in Tamil Nadu Use of UOA by States (1956-64) Delay and Disposition in UOA Cases Disposition of UOA Cases by HSS

92 92 92

96

96

96

List of Figures:

Maps:

Abbreviations:

1 • Literacy Rates SC and Total Population

2. Increase in Literacy, 1931 - 1981 3. Employment in Organised Sector

4.

Expenditure for Staff for Implementation of Land Reforms, 1956 - 1971

1 • India

2. Maharashtra

ALTs Agricultural Lands Tribunals Backward Classes

BC

ECC Backward Classes Commission

39 40 60 83 19 80 CSCST DLM

Commissioner for Scheduled Castes and Scheduled Trib, Dalit Literary Movement

D

&

y HSS ILP INC OBC PCR Act RCSCST RP RTC SAMS

se

SCF ST UOA

Directory and Yearbook

Har~an Sevak Sangh

Independent Labour Party Indian National Congress Other Backward Classes

Protection of Civil Rights Act

Report of the Commissioner for SC and ST Republican Party

Round Table Conference

Statistical Abstract of Maharashtra State Scheduled Castes

Scheduled Castes Federation Scheduled Tribes

members of Scheduled Gastes

(se)

in India. Though systematically collected information on the subject is lacking, the rising tide of violence is unmistakable. This phenomenon , which is to be found all over India, is a strong indication of the growing feeling of resentment of caste Hindus versus SC. At the same time it

demonstrates the limited effectiveness, if not bankruptcy, of laws

and measures fighting the oppression of the most backward groups in Indian society. An important cause of this resentment is the policy of reserving jobs for SC in government services, of allocating seats in political bodiea (parliaments on national

and state level) to them and of deciding on quota for SC in collegei and universities. All these measures put together may be dubbed SC policy. Contributing to the resentment is the growing self awareness mounting to assertiveness among those segments of the SC that are politically most conscious. As long as the special benefits for

se se

didn't impinge upon the privileges held by higher castes or could simply be ignored by them there was not much need for action. But where the growing awareness of the SC of their socio-economie position turned into assertiveness, the traditional sections of Hindu society felt threatened and wanted to secure age old privileges.

In this paper schemes developed to make up for the numerous disabilities from which the SC are suffering will be examined to see whether and to what extent they have been

effective. A considerable portion of the available literature is devoted to the all-India situation. There are also some studies dealing with the situation on the local level. However, detailed studies of the way in which preferential treatment works on state and provincial level are scanty. This is also true for Maharashtra, the area of this

study

1

~

Maharashtra differs from other states in several respects. It is the state in which Ambedkar, the champion of the Untouchables, was born and in which he spent most of his time werking for them. Maharashtra too is the place where in recent history mass conversion took place on an unprecedented scale, a

conversion brought about by the oppression of SC by caste Hindus. Again, it is Maharashtra where the so-called 11_{Dalit-movement"}

started, a political expression of resistance against caste oppression and class exploitation. Am1Dedkar, conversion and "Dalits" contributed to the relatively high degree of political consciousness among SC in Maharashtra.

Defining the problem - This study intends to help to close the gap of information between macro and micro level by focusing on state level. Research so far has left room for doubting the usefulness of various schemes developed for the benefit of

se

and Backward Classes (BC). This question is accentuated by the growing resentment of the public against privileges on behalf of the

sc.

Apart from that there is ample reason to believe that the caste Hindus' fear of being put at a great disadvantage is ill-founded. The central question in this inquiry is to find out how

se

policy affected the position of the

sc. se

policy finds its expression in preferential treatment of SC which consists of two elements: programmes for their socio-economie uplift and reservations Reservations are of three types: seats in educational institutions, , reserved seats in polities and jobs in government services or

\':l:ndertakings. Because the great majority of SC depends on agriculture it is important to study the position of SC in rural areas to see to what extent rural SC are affected by the system of preferential treatment. Special attention will be given to the way land reforms influenced their position.

Preferential treatment is meant to be temporary but it has a streng tendency to perpetuate itself. In this paper I hope to find an answer to the question whether this policy is beneficial to the

se

(or to what castes in particular) or whether it backfires. This implies that it is not enough just to focus on SC policy. The price paid for it in terms of public resentment should also be taken into account. Much attention will be given to the occupational and educational position of

se

in Maharashtra. Without this information it would not be possible to

assess the importance of education for employment or the desirability of preferential treatment based on caste.

Sources - For answering the questions raised above I am wholly dependent on literature. This is a serious handicap. Time and again the need is felt for fieldwork focusing on the position of specific castes or the distribution of specific benefits. As it is I can onl; use primary and secondary li terary sources. Prima.ry li terary source: can be understood as the various publications by the Government of India, the Government of Maharashtra and Census data, obsolete thou₁ they may be. Until now only very few results of the 1981 Census have been published which means that I am forced to rely heavily on the 1971 Census. Yet I could use some of the results of the 1981 Census and official data supplied by the Government of

Maharashtra (statistical abstracts, surveys and reports) as recent as 1978 2• To the secondary literary sources belong studies on national, state and local level, life histories from members of

the

se,

lawbooks, books on history and religion, maps,dictionaries.

Plan of the paper - It is enlightening to start an inquiry into the position of the

se

with a discussion of the most influential

theories relating to untouchability because without the phenomenon of untouchability there would be no Scheduled Gastes and no SC poli1 However, it does not suffice to discuss the dominant theories

relating to untouchability and its origin. Literature on this subje1 abounds in vague or ill defined terms and a discussion of current terminology is inevitable if one wishes to avoid misunderstandings. Theories and terminology relating to untouchability are therefore treated together in the first chapter. An assessment of SC policy cannot be made without knowing something about the history of this policy and about the scope of the programmes that express this policy. These elements have been dealt with in the Chapters 2 and

3

Together they offer a general frame of reference for the discussion of

se

policy and provide a basis for a more detailed approach.

The basic elements for a detailed study of the position of se in Maharashtra are provided in the following chapters. ehapter

4

gives information about the occupational activities of Maharashtrian se and ehapter

5

does the same for their educational levels. These data are the pillars on which the building in the next chapter (a discussion of the relation between education and employment) rests. The information in these chapters is also significant for the

discussion in other chapters. However, it would not be very fruitful to analyse the position of Maharastrian se without reference to the situation on the national level. For that reason I decided to supply data relating to the occupational and educational position of se on the national level as well. These figures offer a framework which is helpful in determining the importance of the data on state level. The discussion of the occupational and educational position of the se and of the relation between these two aspects leads to the conclusion that reservation of jobs for se is a crucial avenue of occupational mobility for se, particularly in urban areas. And this brings us to the policy of reservations dealt with in ehapter

7.

It would be possible to end the discussion of se policy here but that would imply that next to nothing would be revealed about the position of rural se who are largely unaffected by the system of preferential treatment. To complete the picture it is necessary to look at the position of se in agriculture. Though they are not the main beneficiaries of preferential treatment they may have benefitted from the numerous land reforms in Maharashtra. This is discussed in ehapter

s.

By

this time we have gained a proper view of the total range of measures in which se are involved. But there is still one element lac~ing before we can evaluate se policy and that is the price se (and other backward sections) pay for preferential treatment in terms of public resentment. The available evidence relating to this aspect is presented and analysed in ehapter

9.

An assessment of se policy without taking this aspect into account would be unjustified and dangerous. In the last chapter I summarise the findings of the preoeding chapters and attempt to draw the conclusions suggested by the material.

1.1 Theories

Many an author has tried his best to give a satisfactory explanatio1 of the origin and development of the phenomenon called untouchabili Though untouchability has been part of the caste system at least fo: more than two thousand years, it seems unlikely that it existed throughout the written history of India. The question when and due to what circumstances it carne into being has racked the brains of historians, linguists and social scientists alike. In all discussio1 sooner or later the concept of chaturvarna pops up and the way this division of society (strongly promoted by Mahatma Gandhi and still adhered to by many caste Hindus) developed3• However, chaturvarna doesn't solve the problems, it merely accentuates questions regardi1 the place of Untouchables. It is easy to see that the position of Untouchables in the Indian system of ri tual ranking is. a most ambivalent and essential one. Untouchables are outside the caste

system (out-castes) and yet they are within it and even maintaining it. The principle of puri ty, according to many tFre fundamental criterion enabling the ranking of the myriad jatis, raises an

insuperable barrier between Untouchables and other Hindus. However, many other authors, particularly those of a Marxist persuasion, have tried tto show that economie principles underlie the caste syst They think that purity and pollution served to justify an unequal distribution of power. There are also many positions in between and this indicates the complexity of the problem as well as the lack of irrefutable evidence.

Though many aspeots of untouchability remain to be olarified one can ill afford to neglect the study of the origin of this phenomenon if one wishes to grasp the peculiar position of the SC within the caste system. In the following I will present the views of several authors who have been and continue to be important for the discussion on the origin and development of untouohability. In the case of Ambedkar there is the extraordinary

situation that he not only wrote on this subject but also directly influenoed the position of the Untouchables. Many more authors than those I present here have given their views and propounded theories

I believe, however, that the selection I made serves the twofold purpose of describing the dominant attempts to explain caste system and untouchability as well as demonstrating the lack of unanimity in this regard.

1.1.1. Ambedkar - Ambedkar thinks permanent impurity to be the basis of untouchability. In his early writings (second decade of the twentietr century) he holds that superimposition of endogamy over exogamy is the main cause of the formation of caste groups. The principle of endogamy is in his view the motor behind the developments within the caste system. From this principle resulted phenomena like sati, enforced widowhood and child marriages. Through excommunication and imitation groups became castes. Ambedkar rejects the racial theory of caste as unduly emphasizing the role of colour in the caste systen (Ambedkar 1982: 10-37).

In 1948 he publishes "The Untouchables" in which he proposes that the Untouchables were actually Broken Men (survivors of tribal warfare), settling down on the edges of village" and hired as guardsmen4. He now reduces the problem of untouchabilitJ to the rivalry between Brahmans and Buddhists and considers the eating of beef to be the fundamental characteristic of impurity. He demonstrates that Brahmans themselves used to eat beef and explains their vegetarian lifestyle in later days by pointing at the necessit: for them to surpass the non-violent image of the rising Buddhists by refraining from eating meat altogether. He claims that

untouchability did not exist before Manu and that all earlier

references do not point to untouchability but to temporary impurity (like in the case of childbirth, death or menstruation):"The

Untouchable pollutes all while the Impure pollutes only the Brahmin" (Ambedkar 1977: 182).

Two years prior to this book he wrote on the origin of the Shudras. In this book he maintained that the Shudras were originally one of the Aryan communities belonging to the Solar race and to the varna of the Kshatryas. As a result of a long lastiné struggle between the Shudra-kings and the Brahmans, the Brahmans refused upanayana to the Shudras whose position gradually deterioratE

1 • 1 • 2

Ambedkar's beef-doctrine hs been strongly opposed , inter alia, by Jha who proves that untouchability existed long before Manu and who rejects the idea that untouchability sprang from the Brahmanic reaction towards the growth of Buddhism (Jha 1975). This author concludes that throughout history a gradual expansion took place of the categories considered untouchable and also that Buddhist literature is not free from discrimination either in that regard. This criticism finds support in Barth's work a century earlier when that author explained that Brahmans and Buddhists never really were at war with one another and that the Buddhists didn't interfer with the Brahmans' claim to have exclusive rights in performing certain rituals. Barth informs the reader that Buddhism even imported caste into countries like the Deccan and Sri Lanka where it did not exist before (Barth 1881: 125).

Dumont - Dumont, following Bouglé, argues that the central fact underlying hierarchy, separation and division of labour (the three principles of the caste system) is the opposition of the pure and the impure (Dumont 1980: 43). He holds that specialization in impure tasks, in practice or in theory, leads to the attribution of a massive and permanent impurity to some categories of people. He warns, however, that the fundamental opposition of pure and impure should not be thought of as causing all the distinctions of caste but claims that it is their form (Dumont 1980: 45). The caste system differs from a class system in the separation of power and status and in the subordination of power to status. This

subordination is at the same time intellectually absolute and practically limited (ibid:76).

As for the development of the caste system he proposes that "the three functions of Indo-European times give way to the four varnas of the Vedic period, probably by aggregation in the fourth position of some aborigines. The Untouchables then formed a fifth category, for a long time not recognized in theory"

(ibid: 193). The historical development of untouchable castes remai: obscure in Dumonts study. He states that the impurity of the

Untouchable is conceptually inseparable from the purity of the Brahman and that they must have been established together, or in

any case must have mutually reinforced each other (ibid:54). Having observed that Untouchables are rejected from the village, he gives as his opinion that because of that one is tempted to regard them as outside religious society. He even seems to come close to a Marxist explanation when he states:"Although the principle which distinguishes them is religious, the basis of the opposition, in other words what they have in common with other men, would have to be sought in another domain: it would be a matter of fact pure and simple, of economie and political fact if you like"( ibid:55). Re ends this interesting but confusing discussion of the situation of the Untouchables by concluding that actual society is a totality made up of two unequal but complementary parts. This leaves us with the question whether he means economie or religious inequality or both.

Fuchs - From a perusal of literature on the lowest castes Fuchs concludes that these people are descendents of a fairly high developed and complex culture. This culture was a farming culture but the ancestors of the present low castes and outcastes were on the whole the artisans and manual workers in that culture. In his view untouchability is probably an ancient social trait in animal breeding cultures. He supposes that the Aryans and also the

Dravidians brought it along to India when they invaded the sub-continent and settled permanently in the midst of an agrarian population with highly skilled artisans. Fuchs believes that this last group was subsequently enslaved whereas the cultivators were not since the new lords depended on them for food. In that way the artisans became outcastes and Untouchables (Fuchs 1980: 121). He further observes that reference to impure occupations to explain untouchability, as in the case of Dumont, is unsatisfactory (there being too many inconsistencies). He also defends that certain pure occupations are considered impure not as a result of the nature of the work but due to their historical links with impure occupations which act as a sort of contagious disease (Fuchs 1980: 305-306).

1 • 1 •

4

1.1.

5

Ghurye - An important supporter of the theory of the racial origin of caste is Ghurye. In the view of this author the caste system was propounded by Brahmans of the Indo-Aryan culture and thence

transferred to ether parts of the country (Ghurye

1961: 176).

He believes that the Vedic Aryans had developed "the exclusive spirit in social behaviour and had cultivated a partiality for ideas of ceremonial purity" prior to their invasion of India. When they carne they had among them three well-defined classes intermarriage between whom must have been rare. After their arrival they started excluding Shudras who, according to Ghurye, must have been aborigin His adherence to the racial origin of the principle feature of the caste system, i.e. ceremonial purity, is based on anthropometric research carried out in several states. He admits that there are striking resemblances between lower and higher castes as wel1 as conspicuous differences between high castes. He also admits that within a linguistic region the castes are physically more related

to one another than to similar castes outside the region but this does not stop him from believing in the racial origin of the system (ibid:

172).

As far as untouchability and unapproachabi-lity is concerned, he holds that they arose out of the ideas of ceremonial purity first applied to aboriginal Shudras and later expanded to other groups because of the impurity of certain occupations. So notions of purity preceded the rejection of

occupations. Ghurye too states that long ago the position of certai communities deteriorated and that they were forced to live outside the village and to perform the most dirty tasks but he does not know what causes led to the degradation of these communities (ibid:

220).

He surmises that apart from notions of purity "there was perhaps the baneful influence of the belief that they were the result of miscegenation with Brahmin females" (ibid).

Hutton - Hutten doesn't believe in a caste system being handed down by a ruling group and emphasizes that it is organic rather than artificial. He doesn't want to deny the importance of race and ritual for the development of the caste system but holds these aspects insufficient for explanation. He adds taboo and magie to

1.1.6

the several causes but concludes nevertheless that the introduction of the "principle of social precedence" into a society already

divided into groups isolated by taboos was largely due to the social and political impact of the Rigvedic invaders with their "definitel;y graded social classes"(Hutton 1981:189). Huttori. lists a great numher of factors contributing to the development of the caste system. He points at the necessity of finding a modus vivendi on the part of a number of different cultures (clash of antagonistic cultures) and races, he mentions the development of classes with exclusive religioc and social privileges and adds deliberate administrative and economie policies and the isolation of tribes. Apart from the underrated role in his view of taboo, mana and magie he refers to geographical

aspects ("many roads of migration have led to India - and have ended there") and still he feels that he might have forgotten other

important factors (Hutton 1981: 190-91).

However, he is more certain where the roots of untouchability are concerned:"The origin of the position of the exterior castes is partly racial, partly religious, and partly a matt:er of social custom. There can be little doubt but the idea of untouchability originates in taboo"(Hutton 1981: 207). This taboo is connected with performing impure tasks like grave-digging or washing of clothes. The underlying idea, however, is not that the person is polluted by the work but that association with death (in the oase of grave-digging) or with menstrual clothes (in the second case) is contagious.

~ - This author rejects the idea that the caste system developed from endless ramifications of some main castes. According to her

the phenomenon of caste is not so much a consequence of continuous fission of bigger groups as of non-fusion of groups of differemt geographic and ethnic origins in spite of carrying on the same or similar professions (Karve 1975: 85). As far as untouchability is concerned she points to the fact that the Indian society was soaked with ideas about pollution and that it was more or less natural to attach the stigma of untouchability to persons doing impure work. This is another way of saying that untouchability resulted from specialization in impure tasks (ibid: 90-91). Speaking about the

origin of the caste system she states that "endogamous groups or jatis were an independent social fact, possibly in existence in India before the Aryans carne with their three-class system. And Manu's speculations are nothing more than an attempt to explain

a jati system in terms of and as a derivative of the varna system" (ibid:88).

Meillassoux - Meillassoux proceeds from a Marxist point of view and questions the existence of a caste system. Having pointed at the many contradictions or deliberate omissions in the analysis of Indian society on the basis of caste he suggests an analysis based on the relations of production. Meillassoux informs us that "classical society" knew three dominant social classes in rivalry with each other: a seigneurial class confronted by a clerical class, originating as a client group of the former, with both of these confronting an emergent merchant class (Meillassoux 1973: 92) These classes had all profitable though different relations of production with the labouring class. For his analysis of that ancient period he heavily leans on Ghurye and Dumont. He

acknowledges that an analysis in terms of "social class" is hard to give due to lack of information and lack of any research into the subject but he is nevertheless convinced that the existence of classes is "patently obvious"(ibid:99).

The situation changed when class relation-ships depended less on birth than on the possession of land and the status order of the varnas was emphasized to mask the reality of class relationships (ibid: 100-102). Meillassoux has it that vaishyas gradually replaced the former landlords but he does not offer evidence for this crucial assumption. The "fallen groups" and "client groups" became the staunchest supporters of the Brahman invention called varna system which helped to preserve the dominanc of the twice-borns in relation to the shudras:"It aimed to freeze this historie situation, to codify definitively the privileges, prerogatives, functions and duties of each class, and to impose these with all the force of a religious ideology"(ibid).

The notion of purity became the most powerful weapon but impurity was only "one more weapon in the

1 • 1 • 8

1.1.

9

repressive ideological arsenal used in one direction only, arbitrarily and opportunistically as a means of discrimination, oppression and exploitation, but with no logical coherence even of a 'structuralist' kind"(ibid: 107). Thus to Meillassoux the caste system represents the perpetuation and adaptation of the status relationships and status ideology within a class society as a means of domination in the interest of the dominant classes. Though he offers no specific theory on the origin of untouchable castes one may deduce that Meillassoux is of the opinion that these castes originated wherever there was a need for them.

~ncher - More or less on similar lines Mencher analyses the caste system arguing that it was superior economie and political power of the upper castes that kept the lower ones suppressed. She goes one step further in claiming that the caste system not just served to exploit the lowest castes but also that it was a deliberatE attempt to separate the poor from each other:"Indeed, what I am

trying to show is that caste has functioned, both in the past and today, to keep the untouchables and the poor of ether castes (who might be equally exploited) from uniting for the purpose of seeking improvements in their life"(Mencher 1974: 478).

Mencher believes that the major function of the large untouchable castes both in the past and in the present has been to serve as a source of agricultural labour. She feels that this is corroborated by the fact that the greatest concentratior of these castes is to be found in the irrigated wheat and rice

regions of the Indo-Gangetic plain and in the coastal belts of the south. But the strength of this argument is somewhat lessened by her remark that these areas also support the densest populations (ibid:472).

Summary - To what extent do these theories and views explain the origin and development of untouchability? Sorne authors hold specialization in impure tasks to be the cause of untouchability but this does not explain why the resulting irnpurity should be of a permanent instead of a ternporary character as Ambedkar pointed out. High caste Hindus can endlessly free thernselves of rnany forms

of pollution by simply taking a bath, so how carne this possibility to be denlied·to Untouchables? As far as the development of the caste system is concerned there is great controversy regarding the situation in ancient times5. Was the caste system merely a super structure given to a society already divided in numerous groups possessing qualities we hold to be typical for castes (Karve)? Was there first a society in which the people were divided in three broad classes based on occupation (Ghurye, Meillassoux)? Were the subjugated people turned into the fourth class or were there alread3 Untouchables at that time (Fuchs)? If they belonged to the fourth

class due to what circumstances did they become out-castes? This last question in particular provoked vague and evasive answers. Dumont appears unce~tain and oscillates between his principle of purity and economie and political facta. Mencher and Meillassoux offer an analysis based on class contradictions but the historical evidence for certain vital assumptions is meagre. Their views regarding the development of untouchability are more implicit than explicit and do not sufficiently explain why the ruling classes had to resort to the concept of untouchability to keep the lower classes in a downtrodden position (it would have sufficed to treat Untouchables as Shudras). Ambedkar tries to explain the roots of untouchability with the beef-doctrine but this theory is not convincing and has been effectively opposed.

As far as the development of the caste syst1 is concerned it seems to me that Karve's view is most realistic. Sh1 believes that the system carne into being by giving an ideological framework to a reality in which countless groups coexisted without feeling the need to merge. However, her explanation of untouchabili is rather poor because she merely states that society is soaked witl ideas about pollution. This does not explain how these ideas took the peculiar shape of untouchability and neither why this phenomenoi is hardly existent outside India. Hutton's taboo-thesis and Dumont' 1 insistence on the opposition of the pure and the impure are not satisfactory for the same reason. That notions of purity reinforced the growing gap between touchables and Untouchables is obvious but that does not solve the problem of its origin. It appears that it i:

unlikely that we will soon arrive at an irrefutable conclusion. For a long time to come more or less profound guesswork will prevail.

1.2 Terminolog;y

In the foregoing many terms relating to caste system and Untouchables have been used without clarification. But if there is uncertainty and contradiction regarding the origin and development of caste system and untouchability, there is no less confusion regarding the terms used to describe such phenomena. In connection with the

position of

se

terms frequently used are 'caste', 'class', 1_jati1

'varna' and words associated with these. Poor conceptualizatio or neglect of the necessity to explain the terms used resulted often in confusion. Terms like 'caste' and 1_{jati' are sometimes used as}

synonyms but appear only partially overlapping afterwards. At still other times they are even used as concepts opposed to each other. In order to avoid misunderstandings and to promote a fruitful discussion a clear description of the contents of the terms is required. In this section I will deal with the most prominent and

cornmonly used terms relating to caste system and Scheduled Gastes.

Backward Classes or Other Backward Classes - ffaving listed in 1931 castes and tribes that were backward the Indian Government found that apart from these groups other important sections of the population were in need of help. Thereupon the government created anothe category called the Backward Classes (BC) sometimes 8lso

called the Other Backward Classes (OBC). It had been relatively easy to prepare an uncontradicted list of SC and Scheduled Tribes (ST) but it would turn out to be much harder to list the BC. The term has been used to denote lower classes, Hindus, non-Hindus, Untouchables, higher castes lower than Brahmins, Buddhists or any combination of the foregoing6• Before Independence the term never acquired a definite meaning. After the listing of SC and ST one usage stopped, that of equating it with Untouchables. In drafting the Constitution, Ambedkar , the main architect of that document, left the definition to be determined by the state governments7. This added to the confusion and the Backward Classes Commission (BCC) was set up to determine criteria for deciding which sections of the people ought to be considered socially and educationally backward. After two years of labour, in

1955,

the BCC submitted a reportaccording to which about 32 per cent of

the population had to be considered as BG whereas the BG were enumerated to be 18.9 per cent during the 1951 Gensus8• The report was pushed aside as impracticable and once more the state

govern ments were requested to prepare their own lists. Because of this the meaning of the term BG varies considerably from state to state and so do the benefits bestowed on them. No common

definition, acceptable throughout India, seems to be forthcoming. Galanter concludes:Gaste lists range in magnitude from those which include a substantial portion of the state's population to those comprising a narrow stratum just above the untouchables. Income tests are also employed in many cases, sometimes independently and sometimes in conjunction with communal units"(Galanter 1978: 1820). Gaste - Gaste is the most ambiguous of the terms referring to the Indian systems of hierarchical ranking. This word is used for jati most of the times, for varna in some context and not seldom for bot To a certain extent this can be explained by taking the point of reference into consideration. It is an arbitrary matter to distingu between caste and subcaste and this contributes to mixing up jati and varna. For example, what is considered to be a caste within a given area could also be treated as a subcaste from an overall poin of view. Again, what is supposedto be a subcaste in one context could equally well be seen as a caste in another e.g. within a specific territorium. Hutten has drawn attention to this aspect (Hutten 1981:48). Dumont did the same and calls it "the territorial factor" (Dumont 1980:64). It is obvious that the concepts of 'caste and 'subcaste' allow for stretching and shrinking according to the needs of the moment. In this paper the term 'caste' will be used to mean 1_{jati' in the sense defined later. In referring to the}

division indicated by chaturvarna the term 'varna' will be used. Gaste System - Here too we find lack of clarity and consistency in the application of the term. As in the case of 'caste' the term

'caste system' might refer to a system of ranking on the national level, the local level or, indeed, to any level in between. The term may further denote an occupational ranking as opposed to the one based on birth. The term may also refer to the jatis in a given area and the regulation of relations between these jatis. Occasiona

way a jati or group of jatis relates to the whole within a specific area (this may be looally, regionally or nationally). The term will not refer to chaturvarna.

Class - The term 'class' is dominated by politico-economic

overtones and will be used to denote people with comparable income (irrespective of the source of this income) and sharing similar economie and political interests in relation to the means of

production, the job market and the income distribution. This usage resembles the Marxian concept of "Klasse an sich" and is

akin to 'social class' which focuses more on status, prestige and style of life.

Dalits - In its widest sense this word refers to oppressed people. This oppression may bear a social, religieus and/or economie

character. The term bas been used in many different ways and is particularly popular in Maharashtra where it bas a strong militant connotation. Because of its great lack of clarity I will only use the term in quoting (see Appendix A fora full discussion).

Jati - Jati is a (sub)caste charachterized by endogamy and rules regarding connubium and convivium. Very often the jati is connected with a certain profession or group of professions to which the

jati-members claim a hereditary right and not unfrequently an exclusive right. A jati bas territorial and linguistic boundaries. Scheduled Gastes - In official language the name Scheduled Gastes has been adopted since the Government of India Act 1935. What has contributed to the conceptual problems are the many names which in the course of history have been given to people victimised by untouchability. In ancient times e.g. they were called Chandala (cf. Manusmriti), Panchama (the 'fifth' caste), Avarna (not belonging to the system of ohaturvarna), Atishudra etc. More reoently they have been labelled Exterior Gastes (1931 Census),

Depressed Classes (name used by the British), Harijans (a term

popularised by Mahatma Gandhi but not coined by him), Untouchables, Outcastes, Pariahs (possibly derived from the Tamil word 'parai', i.e. 'drum') and so on. The term SC has the advantage of avoiding some of the more negative associations connected with the names mentioned before but this didn't solve the problems of definition. Fortunately there has not been too much controversy regarding the question which castes should be listed as

se

9.The term was adopted by the Constitution and has been used for purposes of Census ever since. The 1971 Census gives a description which I will follow in this paper:"Under the Constitution of India, scheduled castes mean such castes, races or tribes or part or group within such castes, races or tribes as are declared to be scheduled castes by the President of India by public notification under article 341 (1) of the Constitution"(Census 1971, Series 11:

6).

Note that this

definition allows for the inclusion of otherthanuntouchable caste though

se

as a rule belong to the former untouchable castes. In the text the abbreviation SC will be used. This stands either for Scheduled Caste (singular), Scheduled Gastes or members of such a caste or castes.

Scheduled Tribes - ST are groups of people comparable to SC

particularly in regard to their socio~economic position. Just like

sC they are backward, underprivileged and often oppressed. But in contrast to Untouchables is contact with ST not polluting. They differ from

se

also in that they are usually living in remote hills and forests, in their different ethnic origin and in religion (ST have their own deities and rituals). ST avoid contact with outsider Their food habits and occupational taboos are also different from the enveloping Hindu society. All this gives them a distinct cultur which they do not want to lose by merging with the Hindus. The Census definition of ST is similar to that of the

se,

namely "••• such tribes or tribal communities or part or group within such tribes or tribal communities as are declared by the President to be scheduled tribes under article 342 (1) of the Constitution"(ibid

Untouchables - Untouchables is the name given to members of castes occupying the lowest places in the Indian religious and social hierarchy, supposedly as a consequence of the impurity attributed to them because of their occupations. This impurity is religious in nature and possesses a permanent character making it impossible to cross the pollution barrier. Contact with Untouchables entails purification on the part of high caste Hindus and of Brahmans in particular. Untouchables suffer(ed) from many disabilities

individually as well as group wise (e.g. being debarred from the use of tem~les, rituals, schools, roads, wells, occupations,

services etc.)10• These vary from place to place making it impossibl1 to give a universally valid definition. The Constitution has

officially outlawed the practice of untouchability. See also

sc.

Varna - Varna refers to the system of chaturvarna which is believed to have been in existence in Vedic times. According to the theory propounded by it society can be divided in four broad categories based on occupation (Brahmans, Kshatryas, Vaishyas, Shudras). The first three categories, the so-called dwijas (twice-born), were entitled to religieus initiation (upanayana) whereas the Shudras were denied this privilege. What makes the varnas look like 'classes' is that not birth decided to which varna one belonged but occupatior The scriptures give instances of the possibility for individuals to change from varna as well as numerous examples of marriages from people belonging to different varnas. In reality distinguishing between jati and varna was often difficult since mixed forms of varnas (varnasankara) tended in time to turn into the more rigid categories of jatis. It is important to note that the hierarchical structuring of jatis is often done by referring to the

varna-division (cf. census operations). What jati system and varna system have in common is the aspect of hierarchy and the fact that Brahmins take the first place in both systems as far as status is concerned.

"

18·5

AR:z;UACHAL-P

~DESH

HAR.YANA

/7

I L . "

~OEL~J-~

2

·

5

~

SlKKIM~

7·0 / }

10· o UTTAR PRADESH ; ; - [ - 7·0

AS5Af@N

GA LAND

RAJASTHAN

20·9

f'

~ M~~L_.<XyA BIHAR

~

-", MANIPUR

1·6

14·1 WEST îRIPURA 13·1 MADHYA PRADESH

~

BEN

GAL

10·~!VllZORAM

19·6

acutta•

MAP

SHOWING THE PERCENTAGE OF UNTOUCHASLES IN THE POPULATJON OF EACH STATE

Where no figure is

given,

the nurnber is negligible.

Source : Hiro 1982, p. 3

*

Does not include members of Untouchable commuriH.ies who have converted to Buddh!sm

These figures ~re from lhe 1971 Census

HISTORY OF

se

POLICY

Scheduled Gastes policy as we find it today dates back to the period of British domination in India. Several circumstances

contributed to preparing the ground for a governmental consideration of the plight of the Untouchables in the twentieth century. It was British policy not to interfere in the caste system and its obnoxiou

aspects like untouchability. Kowever, it was rather obviûus that the

British didn't feel that the value of a persen was (solely) determined by birth or caste. The presence of the lowest castes in the British army (something from which Ambedkar's family g:reatly profited) 11, in public services and in educational institutions maintained by the government, showed a belief in equality or in any case didn't support the graded inequality marking the caste system. Court rulings upholding the right of caste Hindus to stop Untouchables from entering temples seem to contradict this. However, this must be seen against the background of non-interference policy and of other political considerations. It is but typical and not contradictory that a court in 1917 did condemn high caste Christians who tried to bar the entrance to the church to Untouchables

whereas courts refrained from taking similar decisions regarding high caste Hindus and temple entrance of Untouchables (Galanter 1972

230).

Inspired by religious movements in the past and partly as a reaction towards exposure to egalitarian ideas from the west, the nineteenth century witnessed attempts of high caste Hindu reformers to alter common views regarding untouchability and to put an end to the miserable condition of the Untouchables. Organisations like the Brahma Samaj and the Arya Samaj too were helpful in reinterpreting the caste system but the effect of these efforts on the society at large was minimal. At the end of the nineteenth century, in 1885, the Indian National Congress (INC) was founded. It devoted its energy almost exclusively to the establishment of swaraj (independence). It took the INC, the most vigorous and powerful organisation in colonial times, several decades to realise that something had to be done about the plight

of the Untouchables. In

1917

the INC adopted a resolution urging upon the Indian people the necessity and justice of removing all disabilities imposed upon the Depressed Classes as they were called at that time. This resolution was not the expression of genuine concern for the DC but was the result of a deal , an attempt to

th t f th . t f th 1 t . 1 2 I t · secure e suppor o is par o e popu a ion • is no surprise then that the INC stopped worrying about the fate of the Untouchables after the resolution had been passed. In his passionate book "What Congress

&

Gandhi have done to the

Untouchables" Ambedkar amply and convincingly demonstrates the lack of sincerety on the part of the Congress to carry out this resolution (Ambedkar

1946:

passim).

After the arrival of Gandhi on the Indian scene things started changing for the better. But at the same time Ambedkar became more and more active and this preluded a clash of two fundamentally different attempts to improve the lot of the Untouchables. Ambedkar, educated in America and England, was

strongly influenced by the ideals of the French revolution (freedom equality, fraternity), and strived fora casteless society. Being an Untouchable himself he experienced the humiliations of the members of his caste and he became deeply convinced that as long as the caste system would exist untouchability would remain. Ris ideal was a constitutional democracy with special protection and help for underprivileged groups like the despised Untouchables.

Gandhi, on the other hand, believed in chaturvarna and he wanted to improve the position of the Untouchabl within the confines of the caste system. The problem of ranking the outcastes in the fourfold division of society Gandhi solved by declaring them to be Shudras on the basis of their occupation. From

1931

onwards he started calling them Hartjans

13.

Gandhi believe1 in the necessity and possibility of reforming caste Hindus and he hoped to bring about a "change of heart". He was opposed to poli tic: safeguards for the Untouchables because this would set them apart and Gandhi feared that this would mean perpetuation of untouchabili Like no one before or since then these two leaders would influence the course of history of the Untouchables1

4.

The differences in style of these leaders and the subsequent differences in actions

have been ably discussed by Zelliot (Zelliot 1972: passim). Ambedkar

.

in striving to ameliorate the position of the Scheduled Gastes, tried to make the most of the possibilities offered by the British who, of course, had their own reasons to support Ambedkar's cause. Gandhi, on the contrary, relied for the same purpose on the INC and the great clash at the second Round Table Conference (RTC) in 1931, venomous as it was, could only be the natural outcome of such greatly different views. In his dealings with the Untouchables Gandhi's actions were propelled by two mighty forces, one religious and one political in nature 1

5.

But religious convictions were in the end always subordinate to the goal of independence. And so we find that Gandhi is predominantly concerned with preserving the necessary unity among Indians and Hindus whereas Ambedkar1_{s concern}

was foremost with the Untouchables and their interests. Ambedkar could never reconcile himself to Gandhi's belief that the real

solution of the problem of untouchability lay in a "change of heart" of the caste Hindus. Gandhi, however, never showed confidence in political and legal measures promoting the welfare of the

se

(Van Wersch 1982-a: 42-46).

In the wake of the RTC the British prime minister MacDonald announced his Communal Award (August 1932) granting "special constituencies" to the Depressed Classes. This triggered a number of events culminating in Gandhi's dramatic "fast unto death", an attempt to get this privilege removed from the scheme16• Under tremendous pressure Ambedkar was forced to

give up the special constituencies and, instead, had to be satisfied with the doubling of reserved seats for the DC in the Provincial I,egislatures. Gandhi's fast, and the Poona Pact in which it resulted, heralded the end of the Civil Disobedience campaign. This movement had been launched two years earlier by Congress

and was led by Gandhi who hoped to force the British to leave India by means of massive non-cooperation based on non-violence. Due to the fast this campaign was side-tracked and the full attention of the nation was temporarily focused on the problem of untouchability. There is ample reason to believe that Gandhi changed the issues realising that the Civil Disobedience campaign had spent its force (Van Wersch 1982-b).

In the wake of the Poona Pact the All-India Anti-Untouchability League was founded (September 1932), a high caste Congress

organisation manned by Gandhian reformers and soon renamed Harijan Sevak Sangh (HSS). Not long after this a nation-wide temple entry movement was launched which sought to secure the right for

Untouchables to enter Hindu temples. This movement reached a climax in the fight about the Temple Entry Bill of Ranga Iyer, a morally unsound bill subjecting the right of entrance to a templE to a majority decision of the people living in its neighbourhood. Ambedkar, who years before had led a temple entry movement himself, had meanwhile discarded the whole idea concluding that temple entry was a side-issue and that admission to temples was no guarantee at all for ending the many forms of discrimination. Gandhi, however, held temple entry to be most essential and he was all for the bill. Yet he failed to support it at the risk of bis life, as he did in the case of the Communal Award and at many other occasions, maybe due to the fast approaching first elections in 1937.

In the years 1936-38 several states

introduced Temple Entry Acts (e.g. Madras) but the attentmon given to the cause of the Untouchables was fortunately not only religieus in nature and concentrated more and more on social and economie aspects. In 1938 the Madras Provincial Legislature passed a law making it a penal offence to discriminate against Untouchables

in regard to public facilities such as roads, wells and transport. The law was even applicable in the case of restaurants, tea-shops, hotels and the like (Hiro 1982: 6). The passing of this law may not have changed much in practice but it marked the beginning of legal steps to improve the situation of the

se

in other than religious matters. By the time India officially adopted the Constitution (1950) nearly all the provinces and princely states had accepted similar laws.

Abolition of untQuchability - Article 17 of the Constitution declared that untouchability had been abolished and that its practice in any form was forbidden. The enforcement of any disability arising out of untouchability would be an offenoe punishable in accordanoe with law (Mahajan 1976: 164). It is

easy to detect Ambedkar's hand in the various provisions of the Constitution protecting the Untouchables. Another vital provision connected with Article

17

is Article

15

which states that the State shall not discriminate against any citizen on grounds o n 1 y (emphasis mine) of religion, race, caste, sex, place of birth or any of them. And further:"No citizen shall, on grounds o n 1 y of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment; or the use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public"(Mahajan

1976:

148). In addition the text mentions explicitly that nothing in this article shall prevent the State from making any special provision for the advancement of any socially or educationally backward classes of citizens or for the Scheduled Gastes and the Scheduled Tribes. With this last clause the

constitutional possibility was created for preferential treatment. Not long afterwards the Parliament passed the Untouchability (Offences) Act,

1955,

abbreviated UOA. In it the enforcement of disabilities on the ground of untouchability is outlawed in regard to, inter alia, the practice of occupations and trades, the use of water sources, places of public resort and accommodation, public conveyances, hospitals, educational institutie and the use of jewellery •.. ~lie imposition of disabilities is made a crime punishable by fine up to Rs 500 and/or imprisonment for up to six months, and/or suspension of licences and public grants (Hiro 1982:

7).

With this a legal framework for advancement of the BC, SC and ST had been given but very soon it would appear that lawyers found loopholes which made it difficult and often impossible to prosecute offenders of the spirit of the law. In the next decades a few thousand cases were registered with the police and this is not much given the scope of the problem and the number of people involved. Out of these only a few hundred resulted in conviction, predominantly fines. To improve the chances for

effective application of the laws new measures were asked for and this finally led to the Protection of Civil Rights Act, 1976

(PRC Act).In this law the punishment for untouchability offences was enhanced. Fines can be imposed collectively now upon a

community involved in such offences and public servants who wilfully neglect the investigation of these offences can be punished. As we shall see, this law didn't put an end to grave violations and a rise in occasions of violence not seldom involvini murder and sometimes the butchering of groups of Untouchables. Various programmes for the uplift of the SC (provided for by law) hardly fared better.

Chapter

3

SCOPE OF PROGRAMMES FOR

se

AND BC

Probablynoother country in the world has such a long history of government attempts to improve the position of backward sections in society (particularly if we take the scale into account). The Indian experience is for that reason of interest to other countries coping with similar problems. The government policy on behalf of backward sections has variously been labelled 'preferential

treatment', 'positive discrimination', 'compensatory discrimination' or 'protective discrimination'. The term 'progressive discrimination' is also used now and then. Of all these terms 'preferential

treatment' is the most neutral one and is to be preferred1

7.

In this chapter figures are provided which allow the reader to get an idea of the scope of help provided by the government since Independence. Figures relating to Five Year Plans are helpful in this matter. Programmes for the welfare of SC and BC fall into three main groups, those that are centrally -operated, these that are centrally-sponsored and those in the state sector. All states and union territories with a substantial SC population developed Special Component Plans. These envisaged identification of schemes under general sectors of development which could be of benefit to the SC. In case such schemes were

found the funds could be raised or the number of families benefittinr from these programmes and belonging to the

se

could be determined. Recently the Indian government started a new type of assistance to

tl:le states called "special central assistence to the special component plans for the scheduled castes". This help is meant to contribute to the totality of state efforts for the development of the SC. In 1980-81 an amount of Rs 100 crores ( 1 crore

=

10 million) was reserved for this purpose. The Sixth Plan (1980 - 1985) has a

total outlay of Rs 600 crores for "special central assistance''• The state sector schemes for which central assistance is given (by means of block grants and loans) can be divided into three main groups: 1. education, 2. economie uplift and

3.

health, housing and ether schemes. The first category includes, pre-matric scholarships and stipends, exemption from tuition and

examination fees, provision of educational equipments and of mid-da meals, setting up of residential schools, grants for the construc-tion of schools and hostels. The second group comprises: provision of land and irrigation, supply of bullocks, agricultural implements seeds and manure, development of cottage industries and communicati co-operation, supply of poultry , sheep, pigs and goats. The third category includes: medical facilities, drinking water supply, provision of houses and house-sites, provision of legal aid and grants to non-official agencies working at state level.

Table

1.1

shows the expenditure on the welfare of SC and ST during subsequent plans. In the period

1966-69

only annual plans were prepared and this explains the drop in the total expenditure in those years. For the sake of clarity I added a column giving the annual average. Judging from these annual figures it appears that the trend of ever increasing budgets for SC and ST was not interrupted. From

1980

onwards the increase is even remarkable due to special central assistance of Rs

550.00

crores for

se

apart from the central assistence given to the Component P1ans of the states.

TABLE

1.1.

Expenditure on programmes for

se

and ST in Five Year Plans

Plan Period

--- --·----·---

---First

1951-56

Second

1956-61

Third

1961-66

Annual Plans

(1966,1967,1968)

1966-69

Fourth

1969-74

Fifth Plan ( outlay)

1974-78

Sixth Plan (outlay)

1980-85

Special central assistance to special

component plans for development of

se

1

_80-85

(excluding special central assistance of Rs

550.000

crores for

se)

Source: India

1981: 125

Expenditure (Rs crores)

---30.04

79 .41

100.40

68.50

172. 70

288.88

240.00

600.00 Yearly Ave rag

--

----6.o

15.9

20.1

22.8

34.5

57.8

48.0

120.0