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Caste and Its Interaction with the Law in Contemporary Indian Society

Author(s) Alaaukik Mishra, Dr. Vivek Kumar, Kaushik Anand, Adabhuta Mishra
Country India
Abstract The law is an instrumental part of one’s life and has been very much impactful on the concept of
caste system in Indian society. The modern India has a wide range of history to be considered
dating back to the creation of Indian laws and regulations in 18th and 19th
century. The caste and
it’s interaction with Law and development of legal culture and it recognises and regulates the caste
system through the legislative policy making and the Executive directions along with judicial
interpretation of customs and usages which is important component of law under Art. 13(2) of
Indian Constitution. Courts has developed different doctrines and conventions to tackle the
different cases of caste and it’s intrinsic conflicts.
The contribution could also be given to the founding father of the law development in the British
times who have laid the foundation to develop the statutory and extensive framework for it’s
modification of caste system in 1930s.
The legal development and description on caste has been on three fronts or headings which are:
(1) personal laws, (2) caste Autonomy and (3) Caste Disabilities and Precedence.
In the initial phase of adjudication of family and religious matters, the focus has been given
towards the interpretation of different commentaries and Dharmashastra for which the British
judges has taken assistance of the Brahmin Pundits and respected priest of the locality, after
some time when the Judges got the orientation and manner of interpreting the religious texts, the
common law Judges started deciding the matter and deciding the religious disputes and it led to
the end of the assistance of priests in 1864 .
Sufficient amount of Autonomy and freedom has been given to the caste and their manner of
determining rules which could be enforced through different social sanctions1 Sometimes
situation arose that make the courts to take the jurisdiction of caste system and their questions as
it is not about the social acceptance or the dignities but the enforceable civil rights including
right or claim to caste property, rights to reputation and different kinds of pecuniary jurisdiction and emoluments. Court has also chartered out the extent of Judicial intervention on the matter of
caste and mainly focused on the procedural aspect rather than substantive.
Field Sociology > Administration / Law / Management
Published In Volume 5, Issue 2, March-April 2023
Published On 2023-04-13
Cite This Caste and Its Interaction with the Law in Contemporary Indian Society - Alaaukik Mishra, Dr. Vivek Kumar, Kaushik Anand, Adabhuta Mishra - IJFMR Volume 5, Issue 2, March-April 2023. DOI 10.36948/ijfmr.2023.v05i02.2236
DOI https://doi.org/10.36948/ijfmr.2023.v05i02.2236
Short DOI https://doi.org/gr5qw4
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