Caste and the law in India

To present the caste problem from the legal angle is the object of this study. But other ramifications of the problems such as historical and sociological are also explored. The thesis advanced in this book is that the constitutional value frame-work on caste problems is ambivalent. Caste less society is not an expressly entrenched provision of the Constitution. It abolishes untouchability but not the cast system itself. The aggravated form of the malady was within the perception of the founding fathers but not the root cause of the malady. In a way the vagueness of the constitu tional provision is the result of the thinking of the leaders of the society and the caste groups which dominated. at the time of the framing of the Consti tution. The lack of clarity in the Consti tutional provision has thrown up a number of problems for the administration and for interpretations in the legal controversies raised before the courts. The author broadly supports the views of Max. Weber that unless the Karma Theory is dislodged from Indian minds there are no chances of the establishment of the casteless society. He agrees with Dr. Ambedkar that the main attack of the national policy should be on the system of Chatur Varna. The author has also taken note of the rebellious movement of Dalit Panthers who have raised their cry against these man-made shackles. The author's thesis is a result of a long study of the problem.