ABSTRACT

This chapter elucidates some features of the relation between caste and law by considering the ways in which the law conceives of the caste group. The legal characterization of caste is of some interest as a reflection of the views of an important and influential group in Indian society. The broad sphere of autonomy enjoyed by caste groups permitted effective enforcement of their claims without resort to the courts and with immunity from governmental interference. The strategy of pleading caste customs tended to associate the caste group with a distinctive set of customs, providing models for patterning social behavior, serving to maintain caste identity in new settings and facilitating the transformation of local caste groups into wider congregations. The enforcement of any disability arising out of "Untouchability" shall be an offense punishable in accordance with law. The attack on discrimination is only one side of the attempt to remove the disabilities of the lower castes.