How did the caste system originate in India?

 

Why is it in the news?

1. The chief of RSS Sri Mohan Bhagwat said on the occasion of saint Rohidas birth anniversary that god did not create caste but it was created by Pundits (Brahmins)

2. He said that everybody is equal in the eyes of God. There is no caste (jati) or varna for him. But Pundits (Brahmins) made hierarchical structure which was wrong

3. It was because of the division in the society, invaders took advantage and invaded upon us. 

What is caste?

1. According Herbert Risley caste is collection of families, bearing a common name, claiming a common descent from a mythical ancestors, human and divine, professing to follow the same heredity calling and forming a single homogeneous community 

2. According to Dr. Ketkar, a caste is a group having two special features - 1. Membership is confined to those who are born as members of the caste. 2. Members are forbidden by the social laws to marry outside the group.

What is the difference between Varna and caste?

1. Varnas are only four in number, that is Brahmin, Kshatriyas, Vaishya and Shudra while there are numerous castes

2. Mobility pattern in varna is flexible. A person from lower varna can achieve higher varna through his merit and hard labour. While in caste, the status of a person is ascribed and his mobility is fixed. But he cannot leave his caste. His prestige is marked by the caste in which he is born 

3. Varna system is free from socio economic and political disabilities and restrictions, while the caste system imposes disabilities upon lower caste and privileges to upper caste 

Special features of caste?

1. Status of an individual is determined by his birth, not by accomplishment

2. Castes pre suppose a hierarchical division of society 

3. Restriction on food habits of the members

4. Restrictions on social relations on account of idea of pollution

5. Castes pre suppose civil and religious disabilities upon lower castes and privileges to upper caste

6. It also pre supposes restrictions on occupational choice

7. The caste system imposes restriction on marriage

8. People of the same caste marry in his own caste. So it is an endogamous group

Tradition theory of origin of caste

1. According to this theory the four varnas originated from the four different parts of the Prajapati Brahma 

2. According to the Purushukta of Rigveda, Brahmins emerged from the mouth of the supreme being, Kshatriyas from the arms, Vaishyas from the thighs and Shudras from the feet

3. Satpath Brahmin, Tattiriya Brahmin, Law giver Manu and Bhagwat Gita support this theory. 

4. Lord Krishna himself said that he only created four varnas on the basis of Gun and Karma 

5. This theory has been criticised because it is unscientific and un-biological

6. Secondly this theory considers four Varnas as four castes but the real unit of caste system is not the varna but Jati which is a very small endogamous groups 

Occupational theory

1. According to this theory if a particular group follows a hereditary occupation it evolves into a caste in course of time 

2. According to Nesfield the difference of occupation was responsible for difference of caste 

3. Function and function alone is responsible for the origin of caste system

4. Those who followed pure occupations were regarded as superior while those who were engaged in low grade occupation were considered inferior 

5. This theory has been criticised by several scholars. According Hutton, occupation is not a cause but only a factor in the evolution of caste

6. Secondly this theory does not take into account the racial and religious factors which played their role in the formation of caste system

7. D N Majumdar, criticised this theory by saying that the status of caste depends not on the superiority or the inferiority of the occupation but upon the degree of purity of blood and extent of isolation maintained by the group

Racial theory

1. According to this theory different castes came into being because of racial differences

2. Herbert Risley, Dr. D N Majumdar and G S Ghurye are the main protagonists of this theory

3. These scholars are of the opinion that Aryans defeated the natives of  North India. 

4. Aryans were fair complexion, tall and with prominent nose

5. The original inhabitants were branded as Dasyus and Servants

6. Aryans never allowed non Aryans in the religious activities 

Political theory

1. According to this theory, caste system is clever device invented by the Brahmins in order to place themselves in the higher order of social hierarchy 

2. According to dr. G S Ghurye, caste is a Brahmanical child of Indo Aryan culture cradled in the land of Ganges and thence transferred to other parts of India

3. The Brahmanical literature of post vedic period now mention Dvija (twice born) for upper three varnas like brahmin, kshatriya and vaishya while the shudras were called ekajati (once born)

4. As the priestly influence grew in India complicated rules of rituals and conduct were built up and incorporated into the religious books

5. Brahmins closed their ranks and tried to maintain their superiority than other classes

6. Thus , the idea of separation among different varnas stiffened 

Guild Theory 

1. According to Denzil Ibbetson, castes are the modified forms of the guilds

2. According to him, the caste system is the product of interaction of three forces. (a) Tribe (b) Guilds (c) Religion 

3. The tribes adopted a certain fixed profession and assumed the form of guilds

4. The priest gave this guilds the religious sanctity by inventing separate gotra and descent from common ancestors and with the passage of time this guilds became the hereditary and endogamous groups and so this guilds were converted into castes

Evolutionary Theory

1. According to this theory caste system originated on account on the long process of social evolution 

2. A number of factors played in the evolution of caste system

3. These are - a. Hereditary occupation. 

b. Idea of purity and impurity

c. Desire of the brahmins to keep themselves pure. 

d. lack of the rigid unitary control of state.

e. beliefs in reincarnation and the doctrine of karma. 

f. ideas of exclusive family and ancestor worship. 

g. Clash of antagonistic cultures of patriarchal and matriarchal systems. 

h. clash of races 

i. colour prejudices and conquest.

j. geographical isolation of the India peninsular . 

k. foreign invasions. 

l. static nature of village society. 

m. the unwillingness of the rulers to enforce a uniform law and customs 

Conclusion 

1. The Indian caste system is the natural result of the interaction of a number of geographical, social, political, religious and economic factors 

2. Hence , a multiple  factor approach alone can give a somewhat satisfactory explanation regarding the origin of the caste system in India

What is Right against arbitrary arrest and detention under our constitution?

 

Why is it in the news?

1.The Supreme Court of India invalidated the arrest and subsequent remand of News Click Web portal founder-editor Prabir Purkayastha under the unlawful activities (Prevention) Act and ordered his immediate release.

2.The editor was arrested on 3rd October last year by Delhi police on the allegation of attempts to show Kashmir and Arunachal Pradesh as not parts of India, discrediting the government’s fight against covid-19; funding the farmer’s agitation and putting up a spirited defence of legal cases against Chinese telecom companies. He was remanded in police custody the next day. His lawyer was informed of the grounds of arrest on October 5th. 

3.In the first information report, the police booked him u/s 13 (unlawful  activities), u/s 16 (terrorist act), u/s 17 (raising funds for terrorist acts), u/s 18 (hatching conspiracy) and u/s 22 C (offences by companies, trust) of UAPA. In addition, section 153 A (promoting enmity between different groups) and section 120 B of the Indian Penal Code were also slapped against him. 

4.The Supreme Court of India held that the right to be informed about the grounds of arrest flows from article 22 which says that an arrested person shall be informed of the grounds of arrest and shall be allowed to consult a lawyer of his/her choice. Any infringement of these fundamental rights would vitiate the process of arrest and remand. The mere fact that a charge sheet was filed in the case would not validate the illegality committed at the time of arrest. The court quashed the arrest but said that its judgement was not a comment on the merit of a case against the editor of Newsclick Prabir Purkayastha. 

5.The Supreme Court held that communication of grounds of arrest or detention in writing by the investigating agency or police was sacrosanct and cannot be breached under any situation. Non-compliance of this constitutional requirement and statutory mandate would lead to the custody or the detention being rendered illegal. 

6.The Supreme Court of India held that the entire exercise was done in a clandestine manner and was nothing but a blatant attempt to circumvent the due process of law; to confine the accused to police custody without informing him the grounds on which he has been arrested; deprived accused of the opportunity to avail the services of legal practitioner of his choice so as to oppose the prayer for police custody remand, seek bail and also to mislead the court. 

7.The Supreme Court also held that the arrest memo only contains the reasons for arrest but not the grounds of arrest. There is a significant difference between the reason for arrest or grounds of arrest. The reasons for arrest as indicated as the arrest memo are purely formal parameters like to prevent the accused person from committing any further offence; for proper investigation of the offence; to prevent the accused person from causing the evidence of the offence to disappear or tampering with such offence ; to prevent the arrested person or making inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the investigation officer. Thus, the reason for arrest would apply in all criminal cases whereas grounds of arrest would be required to contain all such details in hand of the investigating officer which necessitated the arrest of the accused. Thus, the grounds of arrest would differ from case to case, whereas reasons for arrest are general in nature.  

8. The Supreme Court of India held that there is no significant difference in the language implied in section 19 (1) of PMLA and section 43 B (1) of UAPA which can support the Delhi police’s contention that the law laid down in Pankaj Bansal case should not be applied to an accused arrested under the UAPA. It was argued that remanding of the accused Prabir Purkayastha without providing him in written the grounds of arrest, violated the Supreme Court verdict in Pankaj Bansal vs Union of India (2023) wherein it was held that it would be necessary henceforth that a copy of such written grounds of arrest is furnished to the arrested person as a matter of course and without exception. The Supreme Court of India held that the requirement to communicate the grounds of arrest is the same in both the statutes. As a matter of fact, both the provisions find their source in the constitutional safeguard provided under article 22 (1) of the constitution of India. The judges emphasised that salutary and sacrosanct requirements of informing the arrested person of the grounds of arrest in writing will henceforth apply to all UAPA cases as well. It will not suffice to convey them orally only. The court reasoned that this is the only effective means for the arrested person to consult his lawyer, oppose the police custody remand and seek bail.  

What is article 22?

1.Article 22 grants protection to the persons who are arrested or detained. It has two parts - the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law. The first part of article 22 confers following rights on a person who is arrested or detained under an ordinary law. These are -

• Right to be informed of the grounds of arrest.

• Right to consult and be defended by a legal practitioner. 

• Right to be produced before a magistrate within 24 hours of the arrest excluding the time taken in journey.

• Right to be released after 24 hours unless the magistrate authorises further detention. 

• The above rights are not available to an enemy alien or a person detained under a preventive detention law. 

• The Supreme Court also held that arrest in the first part of the article 22 does not cover arrest under the orders of a court, civil arrest, arrest on failure to pay the income tax and deportation of an alien. They apply only to an act of a criminal or quasi criminal nature or those activities prejudicial to public interest.

2.The second part of the article 22 grants protection to persons who are arrested under a preventive detention law. This protection is available to both citizens as well as aliens. It includes -

• The detention of a person cannot exceed three months unless an advisory board consisting of two High Court judges recommend sufficient cause for extended detention.

• Grounds of detention should be communicated to the arrested person. However, the state is not required to disclose those facts which are considered against the public interest.

• The detenu should be afforded an opportunity to make a representation against the detention order. 

• The Parliament can make law with regard to the detention of the person for more than three months without obtaining the opinion of an advisory board, the maximum period for which a person can be detained under preventive detention law and the procedure to be followed by an advisory board in an inquiry. 

• Both Parliament and state legislature can make laws on preventive detention in respect of the security of the state, the maintenance of public order and maintenance of supplies and services essential to the community. 

3.The Parliament has made several preventive detention laws since the adoption of our constitution. 

• Preventive detention act 1950. It expired in 1969.

• Essential services maintenance act, 1968.

• Maintenance of internal security act (MISA), 1971. It was cancelled in 1978.

• Conservation of foreign exchange and prevention of smuggling activities act (COFEPOSA), 1974. 

• National security act (NSA), 1980.

• Prevention of black marketing and maintenance of supplies of essential commodities act, 1980.

• Terrorist and disruptive activities (prevention act) (TADA), 1985. It was repealed in 1995. 

• Prevention of illicit traffic in narcotics drugs and psychotropic substances act, 1988.

• Prevention of terrorism act (POTA), 2002. It was repealed in 2004.

• Unlawful activities (prevention act) (UAPA), 1967. It was amended in 2012 and 2019.

To Conclude - The extraordinary provision of preventive detention was inserted into part III of our constitution because of the extraordinary situation prevailing when the constitution was being drafted. The partition of India led to the exodus of 15 million people, ten lakh people were killed and around one lakh women were raped. The communal feelings were at its peak. So, to fight out the communal riots and mass murder, preventive detention was resorted to by our constitution. It should be noted that during the British period, the Bengal regulation of 1818, Rowlett Act of 1919 and Defence of India Act, 1939 provided for preventive detention. In European countries and in the USA, there is no such provision like preventive detention. So in spite of the stiff opposition from the members of the constituent assembly, the provision for preventive detention was kept in our constitution. 

What is a heatwave ? Why is it caused ? What are its impacts?

 Why is it in the news ?

1.Intense heat is sweeping large parts of India in April with maximum temperature going to 4-6 degree C above normal in many areas. Parts of Odisha, Rayalaseema (Andhra Pradesh), Gangetic West Bengal, Jharkhand, Vidharbha, Chhattisgarh, Madhya Pradesh, Telangana, Tamil Nadu and Gujarat are experiencing heat waves. The number of days of heatwaves are also increasing with the passage of every year. 

2.This phenomenon is not restricted to India but it has impacted south and south east Asia. Authorities in Bangladesh were forced to close schools twice over the last two weeks amid the heat waves when the temperature soared to 110 degree F. Similarly, several parts of Myanmar have recorded high temperatures of more than 115 degree F. In the Philippines authorities had to close schools due to soaring temperatures. In Thailand, Vietnam the heat waves are causing disruption in the normal life of the people. 

What is a heatwave ?

1.A heat wave is a period of abnormally high temperatures, more than the normal maximum temperature that occurs during the summer season in the north western part of India. Heat waves typically occur between March and June, and in some cases it may extend to July. The threshold of a heat wave is met when the maximum temperature of a station reaches at least 40 degree C in plains, 37 Degree C in the coastal areas and 30 degrees C in the hilly region and the departure from the normal is at least 4.5 degree C. A severe heat wave is declared if the departure from the normal temperature exceeds 6.4 degree C. 

2. Heat wave is a condition of air temperature which becomes fatal to the human body when exposed. 

3.When the actual temperature of a station goes 45 degree C, it is called a heat wave  and when there is an increase of 2 degree C or more it is called a severe heat wave.

4.If there is an increase of 4 to 5 Degree C in the normal temperature for two consecutive days it is called a heat wave.  

What is the difference between loo wind and heat wave?

1.A loo is a strong dusty, gusty hot and dry summer local wind from the west which originates from the Thar desert and blows over the Indo Gangetic region of northern India and Pakistan in the month of May and June. It lacks humidity.  It is a local dry wind of India and Pakistan like the dry winds of foehn of Europe and Chinook of North America. In loo, the temperature may go to 45 degree C to 50 degree C and even more. 

2.A heat wave is a period of excessively hot weather which may be accompanied by high humidity especially in oceanic climate countries and coastal areas. There is a lack of wind blowing and it remains stagnant. In heat waves the temperature is measured in comparison to the previous year and the sudden rise of 4.5 degree C from the normal temperature of a station. 

What are the causes of heat waves ? 

1.High pressure systems - Heat waves are formed when high pressure at the altitude of 3000 to 7600 metres remains over a region for several days to several weeks. High pressure systems force air downward. This force prevents air near the ground from rising. The sinking air acts like a cap. It traps warm ground air in place. This high concentration of pressure makes it difficult for other weather systems to move into the area. The high pressure inhibits winds. It also prevents clouds from entering the region. The end result is a continuous buildup of heat at the surface that people experience as a heat wave. 

When high pressure systems settle over an area, they suppress cloud formation and trap heat at the surface leading to rising temperatures. 

2.Large scale weather patterns - global weather patterns can influence regional climates. For example- a persistent shift in wind patterns can bring hot air masses to a particular area.

3.Rising global temperature - due to climate change contributes to more intense and frequent heat waves. 

4.Scholars are of the view that the rise in the temperature of the central Pacific ocean is causing heat waves in south and southeast Asia. 

Impact of heat waves -

1.It causes 

• Heat cramps 

• Edema (swelling)

• Syncope (fainting)

• High Fever 

• Fatigue

• Weakness

• Dizziness 

• Headache

• Nausea 

• Vomiting

• Muscle cramps

• Sweating

• Heat stroke when the body temperature increases to 40 degree C or 104 Degree F or more along with delirium, seizures or coma.

• Dehydration

Heat waves in India cause thousands of deaths every year. 

• Heat waves would impact the poor the most. It is likely to cause crop damage, leading to the miserable life of the farmers.

Remedy -

1.Stay hydrated : drink plenty of water and cooling beverages throughout the day. 

2.Avoid exercising or working outdoors during the hottest part of the day.

3.Wear loose lightweight clothing, cotton fabric to allow sweat to evaporate, take cool showers or baths regularly. 

4.Avoid alcohol tea,coffee and carbonated soft drinks which dehydrates the body. 

5.Distribution of oral rehydration solution.

6.Provision of cool drinking water at public places.

7.Closure of schools and colleges during peak hours.

8.Providing access to parks and other shaded places to people.

9.Regulation of construction activities.

10.Avoidance of non essential activities during the peak hours of heat waves. The timings of school, colleges and office should be tweaked. 

11.All organised outdoor activities like sports should be regulated. 

12. To cut the greenhouse gas (carbon dioxide, methane, ozone, nitrous oxide, chlorofluorocarbons and water vapour) emission and encourage renewable sources of energy. 

13. Planting of trees