Secularism is a principle or ideology that advocates for separating religious institutions and beliefs from the affairs of the state, government, or public institutions. 

According to Akeel Bilgrami, Secularism consists of three commitments

1. Freedom of religious belief and practice.
2. Principles enshrined in the constitution such as equality, freedom of speech, gender equality 
3. Meta-commitment, which says if there is a clash between the first and second commitments, the second commitment must get priority.

Quotes

1. Indira Gandhi: Secularism is not an import or a mere matter of Western education. It is indigenous to India and has been part of our heritage for centuries.”
2. Shashi Tharoor: “Indian secularism has always been the idea of India. This idea of India is that it is not just a country; it’s an idea, a pluralistic idea.”
3. Maulana Abul Kalam Azad: Secularism is not confined merely to political democracy but goes much beyond that. It is a political, social and cultural process.”
4. Dr. A.P.J. Abdul Kalam: “For a successful revolution, we need more than just democracy. We need a spirit of inclusiveness and secularism.”

Secularism under the Indian constitution

1. Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It ensures that the state shall not discriminate against any citizen on these grounds.
2. Article 16: Guarantees equality of opportunity in matters of public employment and prevents discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence.
3. Article 25-28: Ensures the freedom of religion, allowing individuals to profess, practice, and propagate their religion, subject to public order, morality, and health. 
4. Article 28 – It guarantees the right of minorities to establish and administer educational institutions.
5. Article 29 and 30 provide cultural and educational rights to minorities.
6. Article 44: Encourages the state to secure for its citizens a Uniform Civil Code throughout the territory of India. The idea behind this is to promote a common set of laws for all citizens, irrespective of their religious beliefs.
7. Article 51A: Fundamental duty to promote harmony and the spirit of common brotherhood and to value and preserve the rich heritage of our composite culture.

Significance of secularism

1. Religious Pluralism: Secularism in India is crucial for maintaining social harmony and fostering peaceful coexistence among diverse religious groups.
2. Protection of Individual Rights: Secularism promotes the idea that individuals should be free to practice their religion or hold secular beliefs without fear of discrimination or persecution. It protects the rights of individuals to express their diverse religious or non-religious identities without interference from the state.
3. Constitutional Framework: Secularism is a fundamental feature of the Indian Constitution. It is explicitly mentioned in the Preamble, and various articles uphold the principles of religious equality, freedom of religion, and non-discrimination based on religious grounds.
4. Equality and Inclusion: It helps prevent favoritism towards any particular religious group, ensuring that all citizens are treated equally regardless of their religious affiliations. This contributes to a more inclusive and harmonious society.
5. Protection of Minority Rights: The Constitution guarantees the right to establish and administer educational institutions for religious and linguistic minorities, ensuring that minority communities have the freedom to preserve and promote their distinct cultural and religious identity.
6. Prevention of Religious Discrimination: By separating religious institutions from political power, it discourages the imposition of religious beliefs on the entire population and promotes tolerance and acceptance of diverse viewpoints.
7. Promotion of Rational Governance: A secular approach encourages governments to base their policies on rational, evidence-based considerations rather than religious dogma. Further, by prioritizing reason and evidence over dogma, secular societies tend to be more open to advancements in education, science, and technology.
8. Political Inclusivity by discouraging the use of religion as a basis for political mobilization. It aims to create a political environment where leaders and parties appeal to a broad cross-section of society rather than focusing on narrow religious constituencies.

Western vs Indian secularism

Western secularism	Indian secularism
Implies a clear and distinct division between religious institutions and governmental affairs. Eg- the French laïcité model bans religious symbols in public institutions.	Represents the positive notion of secularism, wherein equal reverence is accorded to all religious beliefs.
Evolved during the European Renaissance as a response to widespread corruption in the Church and undue interference in state matters.	It originated in the ancient Vedic era and is grounded on religious pluralism (Sarva Dharma Samabhav and Dharma Nirapekshata.)
Equal distance model – religion is generally seen as a private matter, and the state aims to maintain equal distance from all religious institutions.	Principled distance model – recognizes the importance of religion in society and aims to accommodate diverse religious beliefs and practices. It involves state support for religious communities and the promotion of religious pluralism.
Individual rights take precedence in Western secularism.	Extends beyond individual rights to also address the concerns and rights of religious and cultural minority communities.
It does not accommodate the notion of state-sponsored religious reform.	It is in harmony with the concept of state-sponsored religious reform. Eg- Article 17, Triple Talaq Ban

Criticism of and Threats to Indian Secularism

1. Selective Secularism: There are instances where the state has been accused of favoring certain religious communities, leading to a lack of true equality among religious groups. The surge of religious nationalism in recent times has given rise to incidents such as mob lynching.
2. Minority Appeasement particularly during elections. This has led to concerns about vote-bank politics, where political parties allegedly cater to specific religious groups for electoral gains. The politicization of a particular religious group sparks competitive politicization among other groups, leading to interreligious conflicts.
3. Religious Intervention in State Matters: Critics argue that the Indian state has, at times, involved itself too much in religious matters, such as managing and funding religious institutions. Eg- The government’s control over Hindu temples in some states.
4. Lack of a Uniform Civil Code: Critics argue that personal laws based on religious affiliations contribute to inequalities and perpetuate a fragmented legal system.
5. Rise of Communal Tensions: Some critics argue that the state has not been effective enough in preventing and addressing such conflicts, leading to questions about the success of Indian secularism in fostering true religious harmony.
6. Inadequate Protection of Freedom of Speech: In certain instances, there have been criticisms that Indian secularism has been used to curb freedom of speech and expression, particularly when it comes to criticism or satire of religious beliefs. 
7. Ineffectiveness in Addressing Social Issues: Critics argue that despite its commitment to social justice, Indian secularism has not been entirely effective in addressing deep-rooted social issues, such as caste discrimination.
8. Need for k Reinterpretation: Some scholars and thinkers suggest that the concept of secularism in India needs reinterpretation to align with contemporary challenges and to ensure a more inclusive and fair application across diverse religious communities.

Scholar views

1. Rajeev Bhargava has critiqued the concept of “principled distance” in Indian secularism, arguing that it may not be sufficient in addressing the complex issues arising from religious diversity. He emphasizes the need for a more nuanced and context-specific approach.
2. Ashis Nandy has expressed concerns about the potential for secularism to become a form of cultural imperialism, imposing Western values on diverse cultural and religious traditions in India. He argues for a more culturally sensitive approach.
3. T. N. Madan has highlighted issues such as the persistence of caste-based discrimination and the tensions between individual rights and community rights. He suggests a need for reevaluation and adaptation.
4. Martha Nussbaum has highlighted concerns about the inadequacy of secularism in addressing issues related to gender justice in India. She argues that a more comprehensive approach is needed to ensure the protection of women’s rights within diverse religious communities.
5. Asghar Ali Engineer, while advocating for interfaith dialogue, has criticized the lack of concrete measures in Indian secularism to address the socio-economic disparities faced by religious minorities. He emphasizes the need for more inclusive policies.

SC judgments related to secularism

1. Kesavananda Bharati v. State of Kerala – the Supreme Court of India held that secularism is a part of the basic structure of the Constitution.
2. S.R Bommai v. Union of India – The principle laid down in the Kesavananda Bharati case was reiterated. The Supreme Court cleared the doubt over the word ‘secularism’ in the Constitution. The Court held that the secular nature of a society does not make it an atheist society. Secularism makes society more heterogeneous. 
3. Ahmedabad St. Xavier’s College v. State of Gujarat – the Supreme Court held that secularism neither means anti-God nor pro-God. Secularism, therefore, eliminates the concept of God in matters of the state.
4. Stanislaus Rev v. State of MP- The High Court of Madhya Pradesh, explained that freedom of ‘profession’ means one’s right to state in public the creed he belongs to. Moreover, the Court said that freedom of ‘practice’ means one’s right to worship in private or public. It was further explained that the right to propagate one’s religion gives one the right to convey his/her religious beliefs to another individual but not to convert a person to one’s religion.
5. Indian Young Lawyers Association v. State of Kerala– preventing the women in their “menstruating years” from entering the Sabarimala temple as per the religious custom, violates women’s constitutionally protected fundamental rights to equality. The dissent of Justice Indu Malhotra has raised doubts regarding the extent to which established religious practices can be challenged based on equality.

Way forward

1. Promote Inclusive Policies ensuring that the rights of all religious communities, as well as non-religious individuals, are protected without favoritism.
2. Empower Marginalized Groups including women and religious minorities, through affirmative action and targeted policies to address historical injustices and socio-economic disparities.
3. Strengthen Legal Frameworks that ensure gender justice, protect individual rights, and promote uniform civil laws to minimize disparities arising from different personal laws. Eg- Uniform Civil Code
4. Integrate curriculum modules on religious tolerance and cultural diversity into educational institutions to foster a culture of respect for diverse religious and cultural backgrounds.
5. Encourage Interfaith Dialogue to promote understanding, tolerance, and cooperation among different religious communities, fostering social harmony.
6. Address Communal Tensions by promoting a culture of dialogue, tolerance, and understanding. This can be done through community policing initiatives and rapid response teams
7. Ensure Political Neutrality in religious matters by discouraging the use of religious identity for electoral gains. Encourage political leaders to focus on inclusive governance rather than divisive religious appeals.
8. Safeguard freedom of speech and expression while also promoting responsible discourse, ensuring that it does not incite religious hatred or violence. Balancing individual rights with societal harmony is crucial.
9. Extend the principles of secularism to address broader issues of social justice, including caste-based discrimination, economic disparities, and other forms of marginalization.

PYQ

1. Growing feelings of regionalism are an important factor in the generation of demand for a separate state. Discuss. (2013)   

2. What is the basis of regionalism? Is it that the unequal distribution of benefits of development on a regional basis eventually promotes regionalism? Substantiate your answer. (2016)   

3. Has the formation of linguistic States strengthened the cause of Indian Unity? (2016)     

4. In the context of diversity of India, can it be said that the regions form cultural units rather than the States? Give reasons with examples for your viewpoint. (2017)      

5. Discuss whether formation of new states in recent times is beneficial or not for the economy of India. (2018) 

6. Do you agree that regionalism in India appears to be a consequence of rising cultural assertiveness? Argue. (2020)

Introduction to Regionalism

Definition

Region is generally defined as “a homogeneous area with physical and cultural characteristics distinct from those of neighbouring areas”. Region provides the basis for the emergence of regional identity. It results in loyalty towards the region and ultimately takes the shape and form of regionalism. 

The term regionalism has two connotations:

1. In a negative sense, it is excessive attachment to one’s region in preference to country or state. It can threaten nation-building efforts such as the demand for Khalistan in Punjab which is giving rise to terrorism and violence within and outside Punjab. As a process it plays a role within the nation as well as outside it i.e. at the international level.
2. In a positive sense, it means people’s love for their region, culture, language etc., with a view to maintain their independent identity. Positive regionalism encourages people to develop a sense of brotherhood and commonness on the basis of common language, religion or historical background. Ex: Creation of state of Jharkhand.

What is not regionalism

1. Local patriotism and loyalty to a locality or region or state and its language and culture do not constitute regionalism nor are they disruptive to the nation. They are quite consistent with national patriotism and loyalty to the nation.
2. To have pride in one’s region or state is also not regionalism. A person can be conscious of his or her distinct regional identity of being a Tamil or a Punjabi, a Bengali or a Gujarati without being any the less proud of being an Indian, or being hostile to people from other regions.
3. Aspiring to or making special efforts to develop one’s state or region or to remove poverty and implement social justice there, is not to be branded as regionalism. In fact, a certain inter-regional rivalry around the achievement of such positive goals would be quite healthy, in fact we have too little of it.
4. Defending the federal features of the constitution is also not to be seen as regionalism. The demand for a separate state within the Indian Union or for an autonomous region within an existing state, or for devolution of power below the state level is also not regionalist.

Historical Context of Regionalism in India

1. Pre- independence: The politics of regionalism started with the implementation of constitutional reforms under Government of India Acts of 1909, 1919, and 1935. The establishment and role of the Justice Party in Chennai, in pre- independence period are examples of emerging regionalism in India.
2. Dravidian movement: It was also known as self-respect movement and it initially focused on empowering Dalits, non- Brahmins, and poor people. Later it stood against the imposition of Hindi as the sole official language in non-Hindi speaking areas. But it was the demand of carving out their own Dravida Nadu, which made it a secessionist movement. The movement, however, declined and today the movement has given birth to several prominent regional parties after many splits and factionalism.
3. Linguistic reorganisation of states: In the 1950s and 1960s, intense ethnic mass mobilisation, with a violent character, was the main force for creation of states on linguistic basis. Started with the Potti Sriramulu movement in AP and spread to all parts of the country. Culminated in formation of SRC and linguistic division of States.
4. North-east: In 1970s and 1980s, the main focus of reorganisation was India’s North-east. The basis of reorganisation was tribal insurgency for separation and statehood. North-eastern States Reorganisation Act, 1971 upgraded the Union Territories of Manipur, Tripura and Meghalaya to full statehood, and Mizoram and Arunachal Pradesh (then tribal districts) to Union Territories.
5. Khalistan movement: It was during the 1980s that Khalistan movement with its aim to create a Sikh homeland cropped up in the Punjab. Thus this movement falls more in the category of a separatist movement. Apart from this, there have been several other secessionist movements namely, Jammu and Kashmir, Manipur, Nagaland, Arunachal Pradesh, etc.
6. Creation of new States in 2000: In the creation of three new states in 2000, namely Chhattisgarh, Uttaranchal and Jharkhand, language did not play a prominent role. Rather, a combination of ethnicity based on tribal identity, language, regional deprivation and ecology provided the basis for intense regionalism resulting in statehood.
7. Telangana movement: In the years after the formation of Andhra Pradesh state, people of Telangana expressed dissatisfaction over how the agreements and guarantees were implemented. Discontent with the 1956 Gentleman’s agreement intensified in January 1969, when the guarantees that had been agreed on were supposed to lapse. It led to creation of Telangana in 2008.

Constitutional Provisions

1. The 73rd and 74th amendment acts addressed the regional aspiration by devolving power and resources to be used as per regional needs.
2. The regions under 5th and 6th Schedule enjoy certain autonomy which give them scope to maintain their own culture and develop according to their own need.
3. The provision of PESA Act, 1996 is a step towards reconciling with the regional aspirations.
4. Art. 371 has special provisions helpful in addressing concerns of some states.

Factors Contributing to Regionalism

1. Geographical: After independence, people often associated their regional identity with specific geographical boundaries. The integration of Princely States led to the merger of smaller states into larger new states, causing a conflict of loyalties among citizens. Ex-The integration of Hyderabad State into Andhra Pradesh in 1956 led to prolonged agitation and eventual creation of Telangana in 2014.
2. Historical Factors: History supported regionalism with cultural heritage, folklore, myths and symbolism. The most striking example is that of Dravida Kazhagam (DK) and the Dravida Munnetra Kazhagam (DMK) in Tamil Nadu and Shiv Sena in Maharashtra and Telugu Desam (TDP) in Andhra Pradesh.
3. Cultural and Linguistic Diversity : Language is a crucial marker of group identity, expressing the shared life, thoughts, and values of a community. It unites people and motivates collective efforts toward a common future. Ex: The formation of linguistic states in India, such as Andhra Pradesh for Telugu speakers in 1953, demonstrated how language can unify people and drive regional development.
4. Caste and religion: Tamil regionalism gained ground as a result of non-Brahmin movement. Non-Brahmin castes of Tamil speaking region had been able to provide a powerful united thrust against Brahmins 
5. Economic Disparities: it is the crux of regional politics. The resources are limited while the demand for resources for the development of various regions is unlimited. Unequal Distribution of Developmental Benefits(Economic Marginalisation) have led to regional imbalances and wide economic disparities. This is the reason why movements of separate Uttarakhand state in the hill districts of UP, a Jharkhand state carved out of parts of Bihar and the demand of the state of Bodoland comprising a part of Assam are taking place.
6. Political Aspirations: Politics as such does not create regionalism. It only accentuates regionalism. Ex: Sons of soil movement in Maharashtra. Regional political parties like TDP (Andhra Pradesh), DMK (Tamil Nadu), Akali Dal (Punjab) have been surviving because of regional sentiments.

Types of Regionalism

1. Supra-State Regionalism: Supra-state regionalism involves shared interests among people residing in multiple states, working towards promoting regional autonomy and local agendas. It suggests that a larger state with common interests has higher chances of success than smaller states. E.g. North Eastern states in India.
2. Inter-State Regionalism: Inter-state regionalism creates divisions among two or more states, often due to territorial and identity-related factors. It can undermine the interests of certain groups within the states involved.E.g. Disputes between Karnataka and Tamil Nadu over the distribution of Kaveri water.
3. Intra-State Regionalism: Intra-state regionalism emerges when a specific region or state seeks autonomy, self-identity, and self-reliance. It can be seen as a positive form of regionalism as it promotes self-dependence for the region. E.g. Saurashtra in Gujarat, East U.P. in Uttar Pradesh, Vidarbha in Maharashtra etc.

Regional aspirations in the NorthEast

1. Demands For Autonomy:
   • At independence the entire region except Manipur and Tripura comprised the State of Assam. Demands for political autonomy arose when non-Assamese felt that the Assam government was imposing Assamese language on them.
   • Even post completion of reorganization of NE in 1972, demands for autonomy didn’t end. In Assam, communities like Bodos, Karbis and Dimasas demanded separate States. Karbis and Dimasas have been granted autonomy under District Councils while Bodos were granted Autonomous Council within constitutional provisions.
2. Secessionist movements
   • Assam: The United Liberation Front of Assam (ULFA) is a separatist outfit operating in Assam. It seeks to establish a sovereign Assam with an armed struggle.
   • Nagaland: Led by Phizo, a section of Nagas declared independence from India in 1951. The problem in Nagaland still continues.
   • Mizoram: After independence a movement for secession in Mizo hills gained popular support. Two decades of insurgency led by Mizo National Front (MNF) ended after a peace agreement in 1986.
3. Movements against outsiders
   • Large scale migration into the north-east gave rise to a special kind of problem that pitted ‘local’ communities against people who were seen as ‘outsiders’ or migrants. These latecomers are seen as encroachers on scarce resources.
   • The Assam Movement from 1979 to 1985 led by All Assam Students’ Union (AASU) is the best example of such movements against ‘outsiders’. Assamese suspected that there were huge numbers of illegal Bengali Muslim settlers from Bangladesh.
   • Hostility of local population to Chakma refugees in Mizoram and Arunachal Pradesh.
   • Demands for the inner line permit system (ILPS) and the associated violence in Manipur is another example of movement against outsiders.

Impact of Regionalism

Positive Impacts of Regionalism

1. Decentralised Governance due to creation of Smaller States. Eg: The creation of smaller states like Telangana and Uttarakhand required the establishment of new administrative structures to govern these regions effectively.
2. Emergence of New Regional Political Parties: The rise of new regional political parties, such as the Telugu Desam Party (TDP), driven by regionalism, advocating for separate regions or states.
3. Focus on Specific Regional Problems: The formation of regional parties provides an opportunity to address and prioritise region-specific issues and challenges. Eg: The Shiv Sena in Maharashtra emerged to address the concerns of Marathi-speaking people, particularly related to job opportunities and cultural preservation.
4. Healthy Competition among the states: Regionalism often encourages a sense of competition for growth among different states.
5. Cultural Expression: celebration and preservation of distinct cultural traditions, languages, and practices, enriching the national tapestry. Eg: Festivals like Durga Puja in West Bengal, Pongal in Tamil Nadu, and Baisakhi in Punjab.
6. Linguistic Diversity: India’s linguistic variety is a testament to its regional diversity, with each state often having its own official language and literary heritage. Eg: States like Karnataka, Maharashtra, and West Bengal promote Kannada, Marathi, and Bengali languages, respectively.
7. Economic Development as states prioritize industries and policies that align with their unique resources and needs. Eg: Gujarat’s focus on industrialization and Maharashtra’s emphasis on financial services reflect regional economic strategies.

Negative Impacts of Regionalism

1. Undermining National Unity: Regionalism can undermine national integration, as loyalty and allegiance to a specific region may overshadow loyalty to the nation. E.g.Secessionist Movements (Demand for greater Nagaland).
2. Weakening of National Institutions: It can weaken national institutions and governance structures potentially leading to challenges in effective governance and decision-making.
3. Secessionist Movements: Extreme forms of regionalism can lead to demands for autonomy or secession, threatening the integrity of the nation. Eg: The Khalistan movement in Punjab and separatist demands in Jammu and Kashmir.
4. Inter-State Conflicts: Regionalism can lead to disputes between states over resources, boundaries, and political dominance. Eg: The Cauvery water dispute between Karnataka and Tamil Nadu.
5. Political Fragmentation: The coalition government led by the United Progressive Alliance (UPA) often had to balance regional party interests. Eg- TMC’s stand on Teesta Water Dispute with Bangladesh
6. Economic Disparities: Regionalism can exacerbate economic inequalities between states, with more developed regions advancing faster than less developed ones. Eg: The economic gap between states like Maharashtra and BIMARU states.
7. Political Fragmentation: Rise of regional parties hasa led to political instability and hinderd national policy-making. Eg: UPA government often faced challenges in balancing regional demands with national interests.
8. Bargaining Federalism: Regional parties sometimes leverage their position to extract concessions from the central government, leading to fragmented policy decisions. 
9. Funding Imbalances: Disparities in resource allocation and dependency on central transfers lead to financial instability in states. Eg- Kerala’s case in SC against centre on Net Ceiling Limit
10. Resource Allocation Conflicts: Conflicts over resources like water and boundaries persist, challenging regional harmony. Eg: Ongoing Cauvery water dispute between Karnataka and Tamil Nadu.
11. Cultural and Linguistic Tensions: Recognition of regional identities sometimes leads to exclusionary practices and tensions. Eg: Language-based movements marginalize non-native speakers in states like Maharashtra, Tamil Nadu etc.
12. Effect on International Relations, evident in issues like Tamil Nadu’s concerns with Sri Lanka and West Bengal’s dispute with Bangladesh over the sharing of Teesta River water.

Is Regionalism a Threat to National Integration?

1. Coexistence and Development: Regionalism and national integration can coexist, emphasising development.
2. Federal and Democratic System: A federal and democratic political system reconciles regionalism and national integration.
3. Preserving National Solidarity: Regionalism, when managed well, does not disrupt national solidarity.
4. Strengthening Federalism: Regionalism enhances federalism through equal regional partnership.
5. Decentralization of Power: Regionalism reduces centralization, empowering states.
6. Inevitability in a Diverse Nation: Regionalism is natural and inevitable in diverse countries like India.
7. Fundamental to Federalism: Regionalism is foundational to federalism, respecting regional identities.

Government Efforts to promote National Integrity

1. North-Eastern Council (NEC): It was set up in 1971 to provide a forum for inter-state coordination, regional planning and integrated development of the region to avoid intra-regional disparities.
2. Schemes to promote Nationalism: Schemes like “Ek Bharat-Shreshtha Bharat” have been launched to promote the country’s cultural diversity and increase inhabitants’ feelings of national togetherness.
3. State Reorganisation Act of 1956: Zonal councils to promote the interest of different geographic zones.
4. Federal Institution:
   • New institutional structures like NITI Aayog have been established to ensure federal equilibrium.
   • Interstate Council: It was established to make the Interstate Council Secretariat a thriving institution that supports coordination and cooperation between the Centre and States in India.
   • GST Council: Promote financial federalism and take all stakeholders on board.

Way Forward:

1. Targeted Investments: Prioritize equitable development through targeted policies and investments in underdeveloped regions. Eg: Implementing region-specific development programs and ensuring effective utilization of allocated funds.
2. Strengthening Federalism: Foster cooperative federalism by enhancing collaboration between central and state governments on regional issues. Eg: Regular and effective use of platforms like the Inter-State Council and NITI Aayog.
3. Resolving Resource Conflicts: Establish impartial mechanisms to mediate and resolve inter-state resource disputes. Eg: Strengthening the role of tribunals and promoting water-sharing agreements.
4. Promoting Inclusive Identity: Encourage an inclusive national identity that respects and integrates regional diversities. Eg: Educational and cultural programs that highlight the unity in diversity of India’s heritage.
5. Sustainable Development: Focus on sustainable and environmentally friendly development to ensure long-term regional prosperity. Eg: Promoting green energy projects and sustainable agricultural practices in regional policies.

PYQs

[2018] ‘Communalism arises either due to power struggle or relative deprivation. Argue by giving suitable illustrations. 

[2017] Distinguish between religiousness/religiosity and communalism giving one example of how the former has got transformed into the latter in independent India. (2017)         

Communalism is an aggressive political ideology linked to religion. According to Bipan Chandra, communalism is a belief system that a group of people who practice a particular religion share similar social, political, and economic interests.

Ram Ahuja defined communalism as a belief that is characterized by strong antagonism practiced by the members of one community against the people of another community.

Communalism is about politics and not about religion. Although communalists are intensely involved with religion, there is no necessary relationship between personal faith and communalism. The key factor is the attitude towards those who believe in other kinds of identities, including other religion-based identities

Quotes

“Communalism is the negation of the spirit of religion. The communalist is a traitor to the cause of religion and to his own nation.” – Jawaharlal Nehru

“The poison of communalism should not be allowed to spread. It is the duty of every Indian to ensure that communal harmony is maintained and that we do not let divisive forces tear our country apart.” – Sardar Vallabhbhai Patel

“The idea of India, as a nation, should be inclusive, embracing all its diverse elements. Communalism is a scourge that undermines the very essence of our unity.” – Rabindranath Tagore

“Communalism is fundamentally a form of sectarianism, which seeks to divide and polarize society. It thrives on fear and mistrust” – Amartya Sen

“Communalism is a pathology of the collective mind. It turns legitimate concerns for cultural survival into paranoia and hatred.” – Ashis Nandy

“Communalism is a manifestation of the failure of the state to protect the rights and identities

Historical background

1. Ancient India was united with no communal feelings, people were tolerant of other cultures and traditions. This can be seen in Ashoka’s Dhamma which focused on religious tolerance.
2. In medieval history, it was Babur who for the first time used Jihad(religious war) on India to gain the support of his army, when he lost his kingdom in Fargana to his uncle.
3. But, even in medieval India, few rulers were tolerant of other religions. Eg: establishment Din-i-ilahi and Ibadat Khana by Akbar.
4. However, Rulers like Aurangzeb, known for their intolerance towards other religions, deepened communal differences in India by imposing taxes on non-Muslim practices, destroying temples, enforcing conversions, and killing Sikh gurus.
5. Communalism in modern India is a 20th-century concept. It is a product of the divide-and-rule policy of the British
   • Partition of Bengal in 1905
   • Religious Revivalism in 1924: The Shuddhi and Sangathan movements among the Hindus and the Tabligh and Tanzim religious movement among the Muslims invoked religious revivalism.
   • Communal Violence (1923-30):  The violence began with the Moplah Rebellion which intensified hatred among the Hindus and Muslims in the Malabar region. The most serious riots happened at Saharanpur in connection with the Muharram festival.
   • Communal Award, 1932: To fuel communalism and appease various communities, the British provided separate representation for Muslims, Sikhs, Anglo-Indians, Indian Christians, Europeans, Landlords, the depressed classes, and commerce and industry.
6. Post Independence
   • Partition of India, 1947 – The 1947 Partition led to mass displacement and violence, with millions migrating and widespread killings and rapes. Refugee rehabilitation became a significant challenge.
   • No major communal disturbances occurred until 1961 when the Jabalpur riots erupted due to economic competition between Hindu and Muslim bidi manufacturers.
   • Anti-Sikh Riots, 1984 – Following Prime Minister Indira Gandhi’s assassination by her Sikh bodyguards, anti-Sikh riots resulted in thousands of Sikh deaths and widespread violence.
   • Ethnic Cleansing of Kashmiri Pandits, 1989 – Extremist Islamic terrorism in Kashmir in 1989 led to the mass killing and exodus of Kashmiri Pandits, who became refugees in their own country.
   • Babri Masjid Demolition, 1992 – The 1992 demolition of the Babri Masjid by Hindu activists led to extensive riots and heightened Hindu-Muslim tensions.
   • Gujarat Riots, 2002 – A fire on the Sabarmati Express in 2002 ignited severe Hindu-Muslim violence in Gujarat, resulting in extensive loss of life and ongoing legal battles.
   • Assam Communal Violence, 2012 – In 2012, ethnic clashes between Bodos and Bengali-speaking Muslims in Assam led to significant violence and fatalities.
   • Muzaffarnagar Violence, 2013 – Ethnic clashes between Jats and Muslims in Muzaffarnagar in 2013, fueled by social media and eve-teasing incidents, resulted in substantial violence.
   • Delhi Riots, 2020 – In February 2020, communal violence over the Citizenship Amendment Act (CAA) led to over 50 deaths, hundreds of injuries, and widespread homelessness in Delhi.

Stages of Communalism

Bipan Chandra in “India’s Struggle for Freedom” has given 3 elements:

1. Communal Consciousness: Described as “the first bedrock of communal ideology.” It is a belief that people from similar religious communities have common secular interests, such as political, economic, social, and cultural interests. Eg- formation of the Muslim League in 1906
2. Liberal communalism:  The belief that people belonging to different religious communities do not share common secular interests, be they social, economic, cultural, or political. This belief leads to a perception of division and separateness among different religious communities. Eg- Hindu Mahasabha’s ideology in the early 20th century
3. Extreme communalism:  The stage where relationships between different religious communities are seen as mutually incompatible, hostile, and antagonistic. This perception leads to open conflict and deep-seated enmity among communities. Eg- Partition of India in 1947

Features of Communalism

1. overrides everything else. Whether one is poor or rich, whatever one’s occupation, caste, or political beliefs, it is religion alone that counts.
2. Belief in the Superiority of One’s Own Community in terms of culture, religion, and social values. This sense of superiority can lead to exclusionary practices and discrimination against other communities.
3. Economic Competition – Communalism often frames economic disparities and competition as issues between different religious communities. Eg- the 1961 Jabalpur riots stemmed from an economic rivalry between Hindu and Muslim bidi manufacturers.
4. Historical Grievances and perceived past injustices to justify current hostilities and conflicts. These narratives are used to rally communities against perceived enemies. Eg- The invocation of historical conflicts, such as the Mughal rule over India, to justify contemporary animosities between Hindus and Muslims.
5. Communal Violence – Communalism often manifests in violent clashes between different religious communities, leading to loss of life, property, and social cohesion. Eg- The 2002 Gujarat riots.
6. It propagates an intense dislike of other religions and stands for the elimination of other religions and their values. This Cultural and Religious Intolerance leads to opposition to interfaith interactions and exchanges. Eg- Resistance to interfaith marriages and social events as seen in various “Love Jihad” cases.
7. Distrust of Other Groups – This distrust is often cultivated and perpetuated through propaganda, historical grievances, and socio-political narratives.
8. Social Segregation – Communalism encourages communities’ physical and social segregation, reducing interaction and fostering a lack of understanding and empathy between groups. Eg- Segregated residential areas, schools, and workplaces can create echo chambers where communal prejudices are reinforced.
9. Use of Religion for Political Mobilization – Political leaders and parties often use religious sentiments to mobilize support and consolidate power. This politicization of religion can intensify communal identities and lead to polarization.
10. Propaganda and misinformation through media and social networks are common features of communalism. This can incite hatred and violence by spreading falsehoods about other communities.
11. Institutional Bias – Communalism can infiltrate state and societal institutions, leading to biased practices and policies that discriminate against certain communities.

Types of Communalism

Sociologist T.K. Oomen has given 6 fold classification

Dimension	Description	Example
Assimilationist	Small religious groups are integrated into larger ones.	The integration of smaller Christian denominations into mainstream Protestantism.
Welfarist	Focus on the welfare and betterment of a specific community.	JITO for the Jain community.
Retreatist	The community advises members to either participate in or abstain from politics.	Bahaism religion prohibits its members from political participation
Retaliatory	One community harms members of another in rivalry.	The 2002 Gujarat riots
Separatist	Demand for a distinct identity and separation from a larger group.	demand for Greater Nagalim, Bodoland, etc.
Secessionist	A group demands to secede from a state or nation for a separate political identity.	The demand for Khalistan, independent Tamil Eelam by the LTTE in Sri Lanka.

Other Types of Communalism

Type	Description	Example
Political Communalism	Use of communal identities for political mobilization. This leads to political polarization and communal violence.	Muslim League and Hindu Mahasabha
Economic Communalism	Economic disparities are framed as communal issues. It exacerbates economic inequalities and tensions	Syed Ahmad Khan established Muhammadan Anglo-Oriental College in 1875 Recent examples of Twitter trend of banning Halal Meet
Cultural Communalism	Emphasis on the cultural identity of a community. It manifests in cultural hegemony,, violence, and imposition of a dominant culture on others.	Burka tradition in the Muslim community. Promotion of Hindi as a national language and the resistance by Tamil Nadu
Social Communalism	Community-oriented social behavior and practices. It Reinforces social segregation and discrimination, hinders social integration, and perpetuates social inequality.	Opposition to valentines Day and violence by groups such as Bajrang Dal in Megacities
Religious Communalism	Strict adherence to religious practices and beliefs leads to segregation. Promotes religious intolerance, social exclusion, and undermines secularism.	certain orthodox Jewish communities in Israel promote religious exclusivity
Ethnic Communalism	Focus on ethnic identity and solidarity. This leads to ethnic violence, displacement, and genocide	Strict adherence to religious practices and beliefs leads to segregation. Promotes religious intolerance, and social exclusion, and undermines secularism.
Linguistic Communalism	Emphasis on linguistic identity and differences. It Causes linguistic chauvinism and hinders national integration	Tamil language rights movement in Sri Lanka.
Caste-Based Communalism	Focus on caste identity and hierarchy. It obstructs social mobility and undermines social cohesion.	Jat agitation for OBC status.

Factors aiding Communalism in India

1. Historical Legacy
   • Colonial Policies: The British adopted a ‘Divide and Rule’ strategy, fostering divisions between Hindus and Muslims. This was evident in the partition of Bengal in 1905, which was based on religious lines.
   • Partition of India: The partition in 1947 led to large-scale violence and mass migrations, sowing seeds of distrust and hostility between communities. Over a million people were killed, and 15 million were displaced.
2. Political Factors
   • Identity Politics – Strong identification with religion over national identity is misused by politicians to mobilize support. Eg- the demolition of the Babri Masjid in 1992 was used by some political groups to polarize voters.
   • Secularism Implementation: Weak enforcement of secular principles has allowed communal ideologies to flourish. The lack of strict action against hate speech by political leaders contributes to the problem.
3. Economic Factors
   • Economic Disparities: Economic inequality exacerbates communal tensions. In regions with high poverty rates, such as Uttar Pradesh and Bihar, there are frequent communal clashes due to competition for resources.
   • Unemployment: High unemployment rates among youth, make them vulnerable to communal propaganda. Eg- the 2013 Muzaffarnagar riots had significant participation from unemployed youths.
4. Social Factors
   • Caste and Religion: The overlap of caste and religious identities strengthens communal divisions. In many parts of India, such as Tamil Nadu, caste-based and religious tensions often intersect.
   • Cultural Practices: Practices like ‘ghar wapsi’ (reconversion to Hinduism) by some groups and issues like beef consumption, Hindi/Urdu imposition create friction between religious communities.
5. Media and Communication
   • Sensationalism: Media often sensationalizes communal issues for TRPs, worsening tensions. During the Delhi riots of 2020, certain news channels were accused of biased reporting that incited further violence.
   • Social Media: Platforms like Facebook and WhatsApp are used to spread communal propaganda quickly. Fake news and inflammatory posts played a significant role in the 2018 Dhule mob lynching incident.
6. Weak Governance and Law Enforcement
   • Inadequate Response: Often, there is a lack of timely action against communal violence. The slow response during the 2002 Gujarat riots 
   • Impunity: Perpetrators of communal violence often go unpunished, emboldening others. The 1984 anti-Sikh riots saw many culprits evading justice for decades.
7. Religious Organizations – Organizations like SIMI promote radical ideologies that contribute to communal tensions. The activities of these groups often incite violence and hatred.
8. Psychological Causes
   • Prejudices and Biases: Deep-rooted prejudices and stereotypes against other religious communities fuel communal tensions. Eg- global rise in Islamophobia post 9/11 attacks
   • Fear and Insecurity: Perceptions of threat and fear, fueled by communal propaganda and incidents, lead to the rise of communalism. Eg- Fear of Demographic Change was a major factor behind the 2012 Assam riots between Bodos and Muslims. 

Theories on Communalism

1. Ethnic Competition Theory (Horowitz, 1985) – communalism arises from competition between ethnic groups for limited resources, such as jobs, education, and political power.
2. Primordialism (Clifford Geertz, 1963) – communalism is rooted in the ancient, deep-seated bonds of kinship, language, religion, and tradition. These bonds are seen as natural and immutable.
3. Constructivism (Benedict Anderson, 1983) – communal identities are socially constructed through historical processes, colonial legacies, and political manipulation. These identities are flexible and can be reshaped by social and political changes.
4. Instrumentalism (Paul Brass, 1991) – Instrumentalism views communalism as a tool used by political elites to mobilize support and gain power. Communal identities are seen as instrumental in achieving political goals.
5. Modernization Theory (Karl Deutsch, 1961) – communalism arises as a reaction to the disruptions caused by modernization and social change. As traditional social structures break down, people seek security in communal identities.
6. Relative Deprivation Theory (Ted Robert Gurr, 1970) -perceived discrepancies between expected and actual living standards fuel communalism. When a community feels deprived relative to others, it resorts to communalism as a form of protest.

Consequences of Communalism

Communal violence obstructs economic development, social progress, cultural assimilation, and political tolerance. 

Political

1. Political Polarization – Communalism can lead to increased political polarization, with political parties exploiting religious divisions to gain support, thereby undermining democratic processes and secularism.
2. Undermining National Unity – People are guided by vested and narrow interests due to communalism, they tend to prioritize community interest over the national interest. Eg- Khalistan Movement

Economic

1. Hinders economic progress: According to the Global Peace Index (2022), India ranked 72nd, and the economic cost of violence is as much as 6% of GDP.
2. Obstruction to Development – Frequent communal riots in Uttar Pradesh have diverted government resources towards maintaining law and order, away from development initiatives.
3. Threatens demographic dividend: The flow of labor from productive activities is diverted to unproductive activities; this kills the vibrant demography in communal violence.

Social

1. Social Segregation – Communalism reinforces social divisions, leading to communities living in isolated enclaves with limited interaction, which perpetuates mistrust and hostility. Eg- In cities like Mumbai and Ahmedabad, distinct Hindu and Muslim neighborhoods have emerged, with minimal social interaction between the communities.
2. Human Rights Violations – Communal conflicts often lead to gross human rights violations, including mass killings, sexual violence, forced displacement, and destruction of property. Eg- Bilkis Bano
3. Displacement and Refugee Crises – Eg- the 1989 exodus of Kashmiri Pandits from the Kashmir Valley due to communal violence led to a large displaced population living in refugee camps in Jammu and other parts of India.
4. Sow suspicion in society: Communalism sows the seeds of suspicion among the members of society which puts the community at a disadvantage. Eg- Muslims were denied medical treatment for being suspected as ‘Super spreaders’ during Covid-19.

Cultural Erosion – Communalism can lead to the erosion of cultural heritage, as violence and segregation diminish the rich cultural exchanges that occur in a pluralistic society.

Psychological Trauma – Individuals and communities affected by communal violence often suffer from long-term psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD).

Steps to check the growth of Communalism

1. Encouraging Interfaith Dialogue, cultural exchange programs, and educational initiatives to foster understanding and respect among different communities. Eg. the Inter-religious Council of Kenya, Interfaith councils in the US
2. Community Policing such as the Jan Maithri Suraksha project of Kerala.
3. Addressing Socio-Economic Inequalities to reduce competition and tensions between communities. (Sachar Committee and Ranganath Mishra Commission)
4. Holding Political Leaders Accountable: Strictly enforcing the Model Code of Conduct by the Election Commission of India to prevent communal rhetoric during elections.
5. Media Monitoring: strict implementation of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to regulate online content. 
6. Implementing Legal Measures: Enforce strict laws against hate speech and communal violence under sections 153A and 295A of the Indian Penal Code.
7. Educational Reforms – Amartya Sen emphasizes the role of education in promoting a sense of shared identity and reducing communal prejudices. 
8. Civil Society Engagement – Engagement with NGOs like the Citizens for Justice and Peace in promoting communal harmony and legal support for victims of communal violence.
9. Grassroots conflict Resolution Mechanisms like Peace Committees in Maharashtra that involve community leaders in resolving local conflicts.
10. Addressing historical issues – Truth and Reconciliation Commissions on lines of post-conflict societies like South Africa, which focus on healing and rebuilding communal relationships.
11. Sachar Committee: Appointed in 2005, it recommended the establishment of the Equal Opportunity Commission.
12. Ranganath Misra Commission: It recommended 10% and 5% reservations for Muslim and other minorities respectively in center and state government jobs.
13. 2nd ARC’s recommendations to curb religious conflicts:
    • District Peace Committees/Integration Councils 
    • Mohalla Committees to identify local problems with the potential to degenerate into communal conflicts.
    • Setting up of special courts for expeditious trial of cases related to communal violence.
    • Prescription of norms of relief and rehabilitation.

SC judgments

1. S.R. Bommai vs. Union of India (1994) –  secularism as a basic feature of the Constitution. 
2. Tehseen S. Poonawalla vs. Union of India (2018) – The Supreme Court issued guidelines to curb mob violence and lynching. It directed the state governments to appoint nodal officers in each district to take proactive steps.
3. Prakash Singh vs. Union of India (2006) – The Supreme Court laid down directives for police reforms, including the establishment of a Police Complaints Authority and fixed tenure for key police officials. 
4. Aruna Roy vs. Union of India (2002) – underscored the importance of maintaining a secular curriculum in educational institutions.
5. State of Karnataka vs. Dr. Praveen Togadia (2004) – SC held that the right to free speech and movement can be reasonably restricted to prevent communal violence and maintain public order.

PYQs

[2023] Why is caste identity in India both fluid and static?

[2020]  Has caste lost its relevance in understanding the multi-cultural Indian Society? Elaborate your answer with illustrations. 

[2018]  “The caste system is assuming new identities and associational forms. Hence, the caste system cannot be eradicated in India.” Comment.   

[2015]  Debate the issue of whether and how contemporary movements for the assertion of Dalit identity work towards the annihilation of caste.        

Caste is an endogamous and hereditary subdivision of an ethnic unit occupying a position of superior or inferior rank of social esteem in comparison with other such subdivisions and having a common name, common traditional occupation, common culture, relatively rigid in matters of mobility, distinctiveness of status and forming a single homogeneous community.

A caste system is defined as a system that comprises several endogamous groups, recruited by birth; with hereditary membership, which within the group determines many behaviours, expectations, obligations, and evaluation of individuals.

The caste System entails the ranking of people according to ascribed statuses; provides rules regulating the inter-relationships between members of different castes and creates mutual dependence of the castes through the division of labour

The caste system is underpinned by values of ritual purity and impurity, which justify segregation and division of labour. Eg- only Brahmins can lead religious rituals.

Mahatma Gandhi – If Hindu society has been able to stand, it is because it is founded on the caste system”.

Ambedkar – On caste 

“Caste is not just a division of labour, it is a division of labourers.”

“The caste system is not a divine institution. It is a human institution, and it can be changed by human effort.

Karl Marx – In his essay on– ‘The Future Results of British Rule in India’, characterised the Indian castes as “the most decisive impediment to India’s progress and power”.

Origin

Ancient age:

1. The caste system is associated with the Hindu religion, as per Rig Veda, there were four categories known as ‘varnas’ – Brahmins, Kshatriyas, Vaishyas, and Shudras.
2. It is only in the post-Vedic period that caste becomes a rigid institution. 
3. It is from the post-Vedic period, the old distinction of Arya and Sudra appears as Dvija and Sudra, The first three classes are called Dvija (twice-born) because they have to go through the initiation ceremony which is symbolic of rebirth. “The Sudra was called “ekajati” (once born).
4. The caste system developed on rigid lines post-Mauryan Period, especially after the establishment of the Sunga dynasty by Pushyamitra Sunga (184 BC). This dynasty was an ardent patron of ‘Brahmanism’.

Colonial times

1. Land revenue settlements gave legal recognition to the caste-based rights of the upper class that became landowners in the modern sense.
2. The government passed various acts like ‘The Caste Disabilities Removal Act-1850′, ‘The Widow Remarriage Act-1856′, and ‘the Special Marriage Act- , 1872’ which marks the drastic changes in the Caste system.
3. Government of India Act 1935 gave legal recognition to the SC and ST by marking out special treatment by the state.
4. The caste system was affected by some of the social movements like ‘The Arya Samaj Movement’, ‘The Dev Samaj’ and ‘The Sanatan Dharm Sabha’ and several other social-movements attacked the traditionally established ‘Caste System’.

Post-colonial times

1. The enactment of the constitution Article 15 – which ‘Prohibits discrimination on the grounds of religion, sex, place of birth, race and caste’, helped in reduction of the rigidity of the Caste system.
2. Though scholars like Majumdar D.N. (l956), Srinivas M.N. (l961), and others have stated that the caste system is fastly changing and is weakening over time, but it is not being disintegrated or abolished.

Sociological Theories related to a caste system

1. Racial Theory: As per Herbert Risley, the caste system in India originated with the migration of Indo-Aryans from Persia. The term “varna,” meaning colour, originally distinguished Aryans from the native Dasas. They enslaved the non-Aryans and sometimes married them, leading to the emergence of castes. Offspring from these mixed marriages were considered lower caste.
2. Ritual Theory: A person’s caste was identified by the rituals they performed. Eg – Brahmins conducted Vishnu Shanti Yajna, Kshatriyas performed Ashwamedha Yajna, Vaishyas did rituals for personal benefit, and Shudras engaged in graveyard tantricism. This theory was not widely accepted.
3. Occupational Theory (Newfield): According to Newfield, “Function and function alone is responsible for the origin of caste structure in India.” With functional differentiation, there came occupational differentiation and numerous sub-castes such as Lohar(blacksmith), Chamar(tanner), and Teli(oil-pressers).
4. Evolution Theory: According to this theory, the caste system is the result of a long process of social evolution. Like: Hereditary occupations; The desire of the Brahmins to keep themselves pure; The lack of rigid unitary control of the state; The unwillingness of rulers to enforce a uniform standard of law and custom; The ‘Karma’ and ‘Dharma’ doctrines also explain the origin of caste system. Etc.
5. Attributional Approach: Focuses on defining caste by its inherent characteristics, such as endogamy and food taboos, and analyses the structure of relations based on these fixed attributes. J H Hutton’s “Caste in India” emphasises endogamy and food taboos as central features, influencing caste interactions and restrictions.
6. Interactional Approach: Examines the local empirical context and hierarchies, emphasising how ritual and secular factors interact, with an underlying ideology of purity and hierarchy integrating the caste system. Scholars like F.G. Bailey and McKimMarriott highlight how ritual and secular hierarchies overlap. Eg: Bailey’s study of Bisipara village in Orissa shows changes in caste dynamics post-independence when Kshatriyas’ economic decline led to a decrease in their ritual ranking.

Characteristics of Caste System

1. Ascriptiveness: Caste is determined by birth, and membership can be revoked for violating caste rules. Marriage is restricted within the same caste. Eg: A person’s caste status and marriage eligibility are set at birth and enforced by the community.
2. Endogamy: Marriage within one’s own caste is strictly enforced, prohibiting inter-caste marriages.Eg: Marriages between Brahmins and Dalits are traditionally forbidden.
3. Segmental Division/social stratification: Indian society is divided into various castes, each with its own distinct lifestyle and social patterns. Eg: Different castes have specific roles, such as Brahmins as priests and Kshatriyas as warriors.
4. Hierarchy: Castes are ranked based on notions of purity and impurity, creating a social ladder. Eg: Brahmins, who perform religious duties, are at the top, while sweepers are at the bottom due to their ‘impure’ work.
5. Commensality: Restrictions on eating and drinking with members of other castes, reflecting the caste hierarchy. Eg: A Brahmin may refuse to eat food prepared by a Dalit.
6. Socio-Economic Interdependence/Jajmani system: Castes are traditionally associated with specific occupations, creating a system of economic interdependence. Eg: Baniyas, engaged in business, rely on Brahmins for performing rituals.
7. Purity and Impurity: Castes are ranked based on ritual purity, which is influenced by occupation, language, dress, and food habits. Eg: Consuming non-vegetarian food or alcohol is considered impure and is associated with lower castes.
8. Distinction in Customs: Each caste has distinct customs, language, and dress patterns. Eg: High castes use pure, literary language, while low castes use a local dialect with mixed words.

Difference between caste and varna system

VARNA	CASTE
Literally ‘Varna’ means colour and originates from the word ‘Vri’ meaning the choice of one’s occupation. Hence Varna is concerned with one’s colour or occupation.	Caste or ‘Jati’ originates from the root word ‘Jana’ which implies taking birth. Thus, caste is concerned with birth.
A theoretical framework dividing society into four broad classes (Brahmins, Kshatriyas, Vaishyas, Shudras).	A theoretical framework divides society into four broad classes (Brahmins, Kshatriyas, Vaishyas, Shudras).
Based on roles and duties in society.	Based on birth, occupation, and social practices.
It is an all-India phenomenon.	There are regional variations mostly based on linguistic differences.
The Varna hierarchy is based on the concepts of purity and pollution, dividing society into higher and lower classes. There is generally a positive correlation between Varna and social class.	Caste-class correlation is not always positive, There may be variations in the placement due to economic, political, and educational status of various groups.
the mobility pattern is more flexible, with potential for mobility based on virtues and duties. With the acquisition of talents, an individual may improve upon his previous status and vice-versa	Caste system is based on rigid principles and mobility in the ladder is checked. It is based on a closed type of stratification.
the mobility pattern is more flexible, with the potential for mobility based on virtues and duties. With the acquisition of talents, an individual may improve upon his previous status and vice-versa	The caste system imposes many restrictions on the members.
Not formally recognized in modern legal systems.	Varna’s system is free from socio-economic and political disabilities as well as restrictions.

Relevance of Caste in Understanding Indian Society

Positive aspect

1. It plays a crucial role in the process of socialisation by teaching individuals the culture, traditions, values, and norms of their society.
2. Political Dynamics: According to Rajni Kothari, politicisation of caste in India played a very important role in developing party politics. “Caste needs politics as much as politics needs caste.” Eg- Caste-based political parties like the Bahujan Samaj Party (BSP)
3. He also says that caste leads to “secularisation of the social system”. Eg- the emergence of dominant elites with a common secular outlook.
4. Understanding Social Stratification: The caste system provides a framework for understanding the hierarchical structure of Indian society, determining social status, roles, and interactions.
5. Cultural Identity: Caste identity fosters group cohesion and a sense of belonging, as members of a caste share common customs, rituals, and traditions.
6. Economic Organisation: Caste plays a significant role in economic organisation by assigning specific occupations to different castes, ensuring specialisation and continuity of skills and trades.
7. Social Mobility and Change: The concept of “Sanskritization” shows how lower castes adopt higher caste practices to improve their status, illustrating the potential for social mobility within the caste system. Eg. Gond tribe ruling clan became Raja Gond
8. Social Control and Norm Enforcement: The caste system enforces social norms and discipline through concepts of ritual purity and impurity, with caste panchayats (local councils) upholding these norms.
9. Marriage and Kinship Patterns: Endogamy (marriage within the same caste) helps maintain social boundaries and purity, ensuring that caste lines remain distinct and cultural traditions are preserved.
10. Religious Functions: Caste is closely linked to religious functions, with specific castes assigned particular religious roles and duties, reinforcing social hierarchy.
11. Modernization and Continuity: Caste remains relevant in modern society by adapting to changes such as urbanisation and education, while retaining traditional roles and structures, especially in rural areas. Eg. Caste based Matrimonial apps

Negative aspect (Dysfunctions of the caste system)

1. The caste system is a check on economic-intellectual advancement and social reforms because it keeps economic and intellectual opportunities confined to a certain section of the population only.
2. It undermines the efficiency of labor and prevents perfect mobility of labor, capital, and productive effort
3. It perpetuates the exploitation of the economically weaker and socially inferior castes, especially the untouchables. Eg- 90% of manual scavengers in India are Dalits
4. It has inflicted untold hardships on women through its insistence on practices like child marriage, prohibition of widow remarriage, seclusion of women, etc. Eg- honor killings in Haryana
5. Vote Bank Politics– It opposes real democracy by giving political monopoly to certain castes historically and acting as a vote bank in modern politics. Eg- Emergence of dominant castes.
6. Hindrance to National Unity – Caste conflicts are widely prevalent in politics, reservation in jobs and education, inter-caste marriages etc. eg: Demand for Jat reservation, and agitation by the Patidar community.
7. It has given scope for religious conversion. The lower caste people are getting converted to Islam and Christianity due to the tyranny of the upper castes.
8. An obstacle to Modernization – The caste system by compelling an individual to act strictly in accordance with caste norms stands in the way of modernization, by opposing change. Eg- ban on wearing jeans for girls in Khap Panchayats. 

Need for eradication of caste

1. Constitutional vision- our constitution envisions the eradication of caste through Article 15 and 17 ( against discrimination and untouchability).
2. Equality- it is our Fundamental right under Article 14 ensures equal treatment before the law which will help reduce socio-economic disparities among different castes.
3. Human Rights– Protects the inherent dignity of every individual. Aligns with global human rights principles and treaties. It will aid in reconstructing social identities beyond caste boundaries.
4. Social Mobility: eradication will help in social empowerment, economic progress, and increasing quality of education irrespective of caste. It will help break down rigid caste barriers.
5. Inclusive growth– it will promote Social Cohesion and reduce caste-based conflicts.
6. Socialization: Educates future generations to move away from caste-based discrimination.

Changes in the caste system

1. Marriage – Increased education has resulted in the weakening of certain marriage rules and a rise in inter-caste marriage: Inter-caste marriages on Western models have become more common in recent years due to economic and social necessity. Eg. Less than 10%
2. Political Mobilization- Caste groups have organized politically to gain representation and rights, changing the power dynamics within society.
3. Social Mobility
   • The invisibility of caste: The caste system now appears to be invisible for upper castes, urban middle and upper classes, as the urban class has become more important than the upper caste. Eg. Harold Gould’s study of Lucknow rikshaw alas showed they are secular at work but follow caste rules at home like rituals, endogamy, etc
   • Decline in Brahmin supremacy as a result of the secularisation and westernization processes. Eg. Satyashodhak marriages doesn’t involve Brahmin priests
   • Emergence of dominant caste: With changing social caste equations, a few castes are emerging as dominant castes, and they play a crucial role in politics. Eg- the Jats of Haryana, the Yadavs of Bihar, and the Marathas of Maharashtra.
   • Changes in commensality: People are no longer restricted to their original locations. Due to their migration, it is quite challenging to adhere to the rules regarding their eating habits.
4. Employment
   • Occupational changes: In a caste-ridden society, occupations were hereditary, however, with industrialization and modernization the rigidity of the caste system has broken down, which led to occupational changes
   • Attitudinal changes: Within the system, there have been noticeable changes in how people feel about castes. This has to do with losing faith in the system’s own ascriptive pattern and jurisdiction.
   • Visibility of caste: With more politics and caste nexus, caste identity is gaining prominence in society. It has become a tool of vote bank politics. Eg- Bahujan Samaj Party in India
5. Caste has grown beyond Hinduism: In fact, caste is an important factor for marriage, death, and other ceremonial rites even among Muslims and Christians. Eg: For Dalits converting to Christianity, states like Kerala have separate community names, separate cemeteries, etc.
6. New identities and associational forms
   • Politicisation of caste
   • Caste Associations – organizations like Maratha Mahasangh and Jat Mahasabha work towards addressing the socio-economic issues faced by their respective communities.
   • Professional Networks – Professional networks based on caste help members connect, share opportunities, and support each other in career advancement. Eg- The dalit chamber of commerce
   • Economic Cooperatives – Eg- Weaver cooperatives among the Langa caste in Andhra Pradesh support traditional handloom weavers by providing raw materials and marketing their products.
   • Social media and online platforms have become new spaces for caste-based identity formation, advocacy, and community building. Eg- #jaibheem trend
   • Caste-based NGOs – Eg- Navsarjan Trust in Gujarat works to eliminate discrimination against Dalits and improve their socio-economic conditions.
   • Caste identities are reinforced through reservation policies in educational institutions, creating a sense of solidarity among students from similar backgrounds. Eg- Student groups and organisations in universities, like the Ambedkar Students’ Association.
   • Urban Migration and New Caste Identities – Eg- In Chennai, Nadar migrants have formed strong networks and associations, such as the Nadar Mahajana Sangam.  In areas like Dharavi, Bihari migrants have established support groups that provide assistance with housing, employment opportunities, and community support. 

Reasons for change

1. Sanskritization (M.N. Srinivas) 
2. Legal Reforms – Abolition of untouchability (Article 17), affirmative action policies like reservations for SCs, STs, and OBCs in education and employment are aimed at eradicating caste-based discrimination and promoting equality.
3. Educational Advancements – Reservation in educational institutions has enabled marginalized communities to pursue higher education and secure professional jobs.
4. Economic Development – Economic liberalization and growth have created new job opportunities, reducing reliance on traditional caste-based occupations.
5. Urbanization – Migration to urban areas has diluted rigid caste distinctions and fostered more merit-based interactions. Eg – In cities, people from diverse caste backgrounds live and work together, leading to a decrease in caste-based segregation.
6. Westernization and Modernisation: Modernisation has caused the caste system to become more flexible due to its scientific outlook, rational attitudes, industrialization, urbanization, high standard of living, and broad viewpoint.
7. Globalization- Globalization has introduced new cultural values and economic opportunities that challenge traditional caste roles. Exposure to global ideas of equality and human rights has influenced younger generations to question caste-based practices.
8. Democratic decentralization: Through the introduction of Panchayati Raj, local self-government has been created in the villages. The reservation provided in the Panchayati Raj system has allowed the lower castes to empower themselves.
9. Dominant caste – castes with large populations granted land rights through partial land reforms after Independence. This led to their significant economic, political, and social power in their regions. Eg- Yadavs in Bihar and Uttar Pradesh, Reddys and Kammas in Andhra Pradesh and Telangana, Vokkaligas, and Lingayats in Karnataka
10. Social Movements – Social movements led by marginalized communities have raised awareness and demanded equal rights. Eg – Movements like the Dalit Panthers and leaders like B.R. Ambedkar have been instrumental in advocating for the rights of lower castes.
11. Media Influence – Media coverage and social campaigns have highlighted caste-based issues and promoted social equality. Eg – Movies, literature, and campaigns against practices like manual scavenging have brought greater attention to caste injustices.

Continuity in the Caste System

1. Marriage Practices – Endogamy, or marriage within the same caste, remains a strong social norm, reinforcing caste boundaries. The share of inter-caste marriage is less than 10%. Eg- matrimonial advertisements demand brides and grooms from particular communities.
2. Residential and social segregation/Ghettoisation based on caste continues to exist, particularly in rural areas. In many villages, Dalits live in separate areas and are often denied access to common resources like wells and temples.
3. Caste-based Occupations – Traditional caste-based occupations persist, especially in rural areas, where many still follow hereditary professions. Eg- manual scavenging 
4. Educational Inequities – Despite affirmative action policies, disparities in educational attainment persist along caste lines. According to the Census 2011, the literacy rate in India was 73% but literacy rate for SCs was 66.1% and for STs was even lower at 59%.
5. Economic Inequality – Dalits and Adivasis are overrepresented among the poor and underrepresented in higher-income occupations and business ownership. In 83.55% of Scheduled Caste (SC) households and 86.53% of Scheduled Tribe (ST) households, the highest-earning member earns less than Rs 5,000 per month. Dalit and Adivasi households earn 21% and 34% less than the national average annual household income, respectively, while Upper Caste households earn nearly 47% more than this average
6. Caste-based violence and discrimination remain prevalent, with instances of atrocities against lower castes reported frequently. Eg- National Crime Records Bureau (NCRB) reported a 1.2% increase in crimes against Dalits in 2021
7. Cultural Practices – reservation of priest positions to Brahmins. Certain religious rituals and temple roles are restricted to specific castes, reinforcing traditional social order.

Reasons for the Continuance of Caste-Based Discrimination in the Modern Age:

1. Endogamy – share of inter-caste marriage is less than 10%. A 2022 survey found that 50% of Indians still hold prejudices against inter-caste marriages (Pew Research Center).
2. Caste Prestige: A sense of superiority within one’s caste leads to loyalty towards their own caste and often results in disrespect towards lower castes. Eg- 70% of rural Indians still adhere to caste-based rituals and customs (Oxfam India, 2021).
3. Urbanisation Impact : Urbanisation indirectly supports casteism. Migrants from rural areas to urban centres often seek support from their caste groups, reinforcing caste ties.
4. Transport and Communication : Improved transport and communication facilitate the organisation of caste groups and spread casteist sentiments through newspapers and other media. Eg- Kshatriya Mahasabha
5. Illiteracy : Illiteracy fosters reliance on religious dogmas, customs, and superstitions. Practices like ‘Jati Dharma’ lead to negative reactions to anti-caste movements. Eg- religious justifications continue to underpin caste-based discrimination.
6. Social Segregation – Segregated Dalit neighborhoods have 28% fewer public schools and 35% fewer healthcare facilities (Feminism in India, 2023).
7. Economic Dependencies – Many traditional caste-based occupations still exist, perpetuating economic dependencies and social hierarchies.
8. Political Exploitation – Caste is often used as a tool for political mobilization, with parties appealing to caste-based vote banks. Eg- Maratha-OBC divison in Maharashtra
9. Ineffective Legal Enforcement – Despite laws against caste discrimination, enforcement is weak, and perpetrators often go unpunished. As per NCRB data, Only 25% of reported caste-based crimes result in convictions.

Difference between Urban and rural caste system Dalit movements

	URBAN	RURAL
Social Structure	More fluid and less rigid, with increased opportunities for inter-caste interactions and marriages.	More rigid and hierarchical, with clear distinctions and adherence to traditional caste roles.
Occupational Roles	Greater occupational mobility and diversity; caste-based occupations are less prevalent.	Occupations often remain traditional and caste-based
Social Interactions	Increased anonymity and social mixing	Daily life and social interactions are often governed by caste norms and traditions.
Discrimination	Caste-based discrimination is subtler and often less overt; legal frameworks and awareness may mitigate direct discrimination	More explicit and pervasive caste-based discrimination, with social and economic consequences.
Marriage Patterns	Higher incidence of inter-caste marriages, influenced by education and modern values	Predominantly endogamous (within the same caste), with strong societal pressure to conform.
Political Influence	Political dynamics may be influenced by caste, but with a broader spectrum of factors at play.	Caste plays a significant role in local politics, with voting patterns and political alliances often caste-based.
Access to Resource	More equitable access to resources such as education, healthcare, and employment; however, disparities still exist.	Access to resources is often mediated by caste, with higher castes enjoying better facilities and opportunities.

Ghanshyam Shah classifies Dalit movements into two categories: reformative and alternative. Reformative movements aim to reform the caste system to address the problem of untouchability. In contrast, alternative movements seek to create a new socio-cultural structure through religious conversion, education, economic advancement, and political power.

Category	Name	Description
Atrocities	Hathras Case (2020)	Gang rape and murder of a Dalit woman
	Una Flogging Incident (2016)	Public flogging of Dalit men in Una, Gujarat, for allegedly skinning a dead cow.
	Rohith Vemula (2016)	Suicide of Dalit PhD student at Hyderabad Central University due to caste discrimination.
	Bhima Koregaon Violence (2018)	Clashes during the commemoration of the Battle of Bhima Koregaon, highlighting caste tensions and resulting in several arrests.
	Sikar Case (2019)	A Dalit man in Sikar, Rajasthan, was beaten to death for allegedly stealing water from a higher-caste family’s well.
	Tamil Nadu Caste Violence (2022)	In July 2022, a Dalit boy in Tamil Nadu was attacked and killed for reportedly drawing water from an upper-caste well.
	Telangana Case (2023)	In February 2023, a Dalit woman in Telangana was assaulted and paraded naked for resisting land encroachment by upper-caste individuals.
	Karnataka Incident (2023)	In September 2023, a Dalit man was beaten to death in Karnataka for allegedly entering a temple.
	Uttar Pradesh Incident (2024)	In March 2024, a Dalit family in Uttar Pradesh was attacked and their house set on fire due to a land dispute with upper-caste individuals.
	Madhya Pradesh Case (2024)	In May 2024, a Dalit girl in Madhya Pradesh was assaulted and left critically injured by upper-caste men for refusing to work in their fields.
	Peeing Incident (2023)	In July 2023, a video surfaced showing a man urinating on a Dalit youth in Sidhi, Madhya Pradesh.
	Tamil Nadu	Around 200 Dalit families threatened to embrace Islam after they were denied permission to attend a temple festival in Karur region.

Case	Judgment
Dr. Subhash Kashinath Mahajan vs. State of Maharashtra	Required prior sanction for prosecuting public servants under SC/ST Act; later overturned due to backlash.
State of Karnataka vs. Appa Balu Ingale	Social boycotts of Dalits are unconstitutional; emphasized the need to protect Dalits’ dignity and equality.
Lata Singh vs. State of Uttar Pradesh	Adults have the right to marry anyone of their choice; harassment or violence against inter-caste couples is illegal.
Union of India vs. R. Rajesh	Upheld reservation in promotions for SC/ST employees in government jobs to ensure equality.

Evolution

1. Pre Independence
   • Bhakti movement 
     • This movement in 15th century was a popular movement which treated all sections of society equally and it developed two traditions of Saguna and Nirguna.
     •  It became more popular among the dalits in urban areas in the early 20th century as it promised social equality and provided the possibility of salvation for all. 
   • Neo-Vedantik Movements 
     •  These movements attempted to remove untouchability by taking the dalits into the fold of the caste system. Eg- Arya Samaj
     • Some  neo-Vedantic movements and non-Brahmin movements played catalytic role in developing anti-caste or anti Hinduism dalit movements in some parts of the country. Eg- Satyashodhak Samaj and self-respect movements in Maharashtra and Tamil Nadu, Adhi Dharma and Adi Andhra movement in Bengal and Adi-Hindu movement in Uttar Pradesh
   • Sanskritisation Movement – Dalit leaders pursued ‘Sanskritization’ to elevate their caste status by adopting Brahman customs such as vegetarianism, wearing sandalwood paste on the forehead, and donning the sacred thread. Leaders like Swami Thykkad (Kerala), Pandi Sunder Lai Sagar (UP), Muldas Vaishya (Gujarat), and Moon Vithoba Raoji Pande (Maharashtra) embraced these higher caste cultural norms.
   • Gandhi’s Contribution- Gandhi advocated for the upliftment of untouchables, founding the Harijan Sevak Sang in 1932. Emphasized social equality and removal of untouchability from Hinduism.
   • Ambedkar’s Contribution – Ambedkar led movements for Dalit rights, such as the Satyagraha for water access in Mahad (1927) and temple entry in Nasik (1930). Founded the Scheduled Castes Federation to promote political and social rights for Dalits.
2. Post-Independence Dalit Movements
   • B.R. Ambedkar and Buddhist Dalit Movement – First Law Minister, Chair of the Constitution Drafting Committee, ensured civil liberties and abolition of untouchability. Advocated for and led mass conversions to Buddhism as a means of Dalit emancipation; converted himself and 500,000 followers in 1956.
   • Dalit Panthers – Established by Namdeo Dhasal, J.V. Pawar, and Arun Kamble in 1972 in Maharashtra. Influenced by Ambedkar, Phule, Marx, and inspired by the Black Panther Party; emphasized militancy and revolutionary attitudes.
   • Contribution of Kanshi Ram – Founded Bahujan Samaj Party (BSP) in 1984 to uplift Scheduled Castes, Scheduled Tribes, OBCs, and religious minorities. Emphasized “Social Transformation and Economic Emancipation” through education and organization, inspired by Ambedkar and other Dalit leaders.
3. Contemporary Dalit Movement
   • Changing Dalit Consciousness – According to S S Dube,  dalit consciousness in traditional India was a challenge to orthodox Brahmanism and Hindu values whereas  in contemporary India, Dalit identity is more a matter of search for rights, justice and equality rather than just being concerned with rebellion against Hinduism. Eg- protest against death of Rohit Vemula.
   • Political Assertion – According to Andre Betielle, Dalit mobilization in contemporary India is greatly driven by political interest rather than by discriminatory cultural past. Eg- Bhim Army
   • Yogendra Singh equates Dalit consciousness with class consciousness to bring forward the view that Dalit mobilization in India is driving Indian society in the direction of modernization giving importance to the principles of equality against the principle of hierarchy.
4. Present Trend
   • Increased Militancy: This trend reflects a growing frustration with persistent discrimination and a demand for more immediate and tangible changes. Eg- Elgar Parishad and subsequent violence in Bhima Koregaon in 2018
   • Sub-caste Assertion: This trend highlights the diversity within the Dalit community and addresses intra-caste inequalities and discrimination. Eg- Matang Samaj Sangharsh Samiti
   • Middle-class Activism: This group uses its resources and education to advocate for Dalit rights and to challenge systemic inequalities. Eg- Dalit Indian Chamber of Commerce and Industry (DICCI)
   • Public Symbolism: The use of symbols, public rallies, and cultural events has become more prominent in the Dalit movement. This help in raising awareness, fostering unity, and keeping the issues of Dalit rights in the public eye. Eg- celebration of Ambedkar Jayanti
   • Rightward Shift: This shift involves aligning with political parties or ideologies that promise economic development and social mobility, albeit sometimes at the cost of broader social justice goals. Eg- Republican Party of India (Athawale) faction

Positive impact

Social Mobility and Empowerment

1. Increased Representation : Eg- Ram Nath Kovind
2. Educational Opportunities: Reservation policies have increased Dalit enrollment in higher education. In 2022, over 14% of students in higher education institutions belonged to Scheduled Castes (SC).
3. Economic Upliftment : The Dalit Indian Chamber of Commerce and Industry (DICCI) reports that there are now over 5,000 Dalit-owned enterprises contributing significantly to the economy. Eg- Kalpana Saroj, CEO of Kamani Tubes

Reduction of Social Discrimination

1. Abolition of Untouchability: Legal reforms like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, have led to a reduction in practices of untouchability.
2. Awareness and Advocacy: Movements such as the Dalit Panthers have raised awareness and advocated for Dalit rights, leading to a more inclusive society .

Cultural Revival and Identity Formation

1. Cultural Assertion : The contributions of Dalit leaders and activists are now more widely recognized and celebrated, leading to a broader acceptance and respect for Dalit identity.
2. Literary Contributions: Dalit assertion has led to the revival and preservation of Dalit culture and history, promoting pride in their heritage and countering negative stereotypes. Eg- writers like Omprakash Valmiki and artists like Sudarshan Shetty

Political Mobilization and Activism

1. Political Organisations: The Bahujan Samaj Party (BSP) has mobilised Dalits politically, helping them secure political representation and influence .
2. Grassroots Movements: Movements like the Ambedkarite movement have empowered local Dalit communities to fight against caste injustices .

Legal Reforms and Constitutional Safeguards

1. Legal Framework : Laws such as the SC/ST (Prevention of Atrocities) Act have provided legal recourse for Dalits facing caste-based violence .

Societal Attitudes and Norms

1. Changing Mindsets: Dalit movements have contributed to changing societal attitudes towards caste, promoting more inclusive and egalitarian values.
2. Inter-Caste Interactions: Increased social interactions between different castes have led to a gradual reduction in caste-based prejudices .

Dalit issues entrenched in:

Political Domain

1. Political Fragmentation – Internal tensions and disintegration within the Dalit movement, as well as its incapacity to shape public policy. Eg- multiple factions of Republic Party of India
2. Leadership crisis – the Dalit movement lacks discipline and coherence and has remained fractured and episodic, lacking a pan-Indian Dalit identity and ideology.

Social Domain:

1. Caste-Based Discrimination: Dalits face discrimination in various aspects of social life, including access to public spaces, inter-caste marriages, and social interactions. This discrimination is deeply ingrained and continues to affect the daily lives of Dalits. Eg- As per NCRB, More than 1.9 lakh cases of crime against dalits were registered against Dalits in last 4 years.
2. Social Exclusion leading to a sense of alienation and marginalisation. Eg- Dalits are prohibited from entering temples or participating in religious ceremonies in many areas.
3. Violence and Intimidation especially when they assert their rights or challenge caste-based norms. Eg- Una Flogging case

Economic Domain:

1. Occupational Segregation: Due to historical discrimination and contemporary biases, dalits are often relegated to low-paying and menial jobs, perpetuating their economic marginalisation. Eg- A 2019 media analysis by the CSDS revealed that Dalits are underrepresented in Indian media, comprising less than 5% of journalists.
2. Landlessness and Displacement: The Agricultural Census of 2015-16 reported that Dalits own only about 9% of the total agricultural land. According to data published by the Census of India, 71% Dalits are landless labourers who work on land they do not own. In rural areas, 58.4% Dalit households do not own land at all. 
3. Limited Access to Education and Skills: literacy level among Dalits is pegged at 66.1 per cent, far below the national average of 73 per cent (Census of India 2011).

Cultural Domain:

1. Cultural Stigma: Dr. B.R. Ambedkar, in his writings, highlighted how Hindu religious texts and rituals propagate the idea of Dalits being ‘untouchable’ and impure. This cultural stigma is a significant barrier to social mobility and equality. These stereotypes are perpetuated through literature, media, and popular culture, reinforcing caste-based prejudices.
2. Exclusion from Cultural Spaces: Dalits are often excluded from mainstream cultural spaces and events, which are dominated by upper castes. This exclusion reinforces their marginalisation and limits their opportunities for cultural expression.
3. Cultural Appropriation: N. Sukumar, argues that cultural appropriation by dominant castes erases the unique identity of Dalit traditions and commodifies and dilutes their cultural significance. Eg- A study by the Ambedkar University Delhi in 2022 found that many traditional Dalit art forms, such as the ‘Parai’ drumming and ‘Madiga’ leatherwork, have been co-opted by upper-caste artists and commercialized. 

Structural Domain:

1. Caste-Based Hierarch – The caste system in India is a deeply entrenched social structure that perpetuates systemic inequalities and hierarchies. According to the 2019 India Human Development Survey, Dalits constitute over 16% of the population but hold only 5% of top positions in business and government sectors.
2. Lack of Access to Justice: International Dalit Solidarity Network (IDSN) reports that less than 2 percent of rape cases against Dalit women result in convictions, compared to around 25 per cent against women in India generally.
3. Institutional Discrimination: Sociologist Gopal Guru highlights that institutional discrimination against Dalits is not just a result of individual prejudices but is embedded in the structural functioning of these institutions. This form of discrimination is often subtle but pervasive, making it difficult for Dalits to overcome systemic barriers.

A comprehensive approach to solve the issue

1. Developing an alternative epistemological worldview model based on alternative culture, philosophy, identities, psychology, and outlook. This can be done by celebrating Dalit culture (Dravidian culture), Dalit civilisation (Indus civilisation), Dalit spirituality (Buddhism), Dalit writings (protest literatures), and Dalit philosophy (Charvak-Lokayat philosophy)
2. Legal Reforms and Enforcement: Improving the training of police officers and sensitization in dealing with atrocity cases along with increasing awareness about several legal remedies and different rights available to the marginalised community.
3. Education and Awareness: Promoting education and awareness programs to challenge caste-based prejudices and stereotypes. Eg- The Navsarjan Trust in Gujarat runs education and awareness programs to empower Dalit communities and challenge discrimination.
4. Economic Empowerment: Dalit-focussed alternate investment finance (AIF) and private equity (PE) funds along with creation of an inclusivity cell in banks and lending institutions/NBFCs in order to inform, educate and foster Dalit entrepreneurship.
5. The government should take immediate steps: to stop the scourge of caste system by
   1. constituting fast track courts for giving immediate justice to the victims;
   2. accelerating the “skill development” program so that the disprivileged community can acquire alternate skills; and, lastly 

The judiciary and executive branches should reaffirm their commitment to upholding individuality and fundamental equality, particularly for the underprivileged within traditional groups. For ex- In Surya Narayan Chaudhury v. State of Rajasthan, SC prohibited temples from discriminating against Dalits’ right to worship and enter the sacrosanct spaces.
Economic Empowerment of Marginalised Communities through schemes such as Stand-Up India, PMKVY, and Mudra Yojana, along with 2nd generation land reforms for more equitable distribution of land, and collaboration and dialogue among Civil Society organisations, government agencies, and marginalised communities to address caste discrimination.

PYQ

[2023] Do you think marriage as a sacrament is losing its value in Modern India? 

[2022] Analyze the salience of ‘sect’ in Indian society vis-a-vis caste, region, and religion. 

[2022] Explore and evaluate the impact of ‘Work From Home’ on family relationships.

[2021] How does Indian Society maintain continuity in traditional social values? Enumerate the changes taking place in it.

[2020] Customs and traditions suppress reason leading to obscurantism. Do you agree?

[2019] What makes Indian society unique in sustaining its culture? Discuss. 

[2019] Do we have cultural pockets of small India all over the nation? Elaborate with examples.

[2017] The spirit of tolerance and love is not only an interesting feature of Indian society from very early times, but it is also playing an important part at the present. Elaborate.

[2015] Describe any four cultural elements of diversity in India and rate their relative significance in building a national identity.[2014] The life cycle of a joint family depends on economic factors rather than social values. Discuss.

Answer Writing Framework

Introduction

1. Start with the definition of the concept and a quote associated with it
2. It can also provide a contextual introduction
3. “India is, the cradle of the human race, birthplace of human speech, mother of history, the grandmother of legend, & great grandmother of tradition.” – Mark Twain
4. “In India, the family is a microcosm of society, reflecting its values, traditions, and contradictions.” – For Family
5. “Marriage as not a mere convention, but an implicit condition of human society.” – Dr. Radhakrishnan

Main Body

1. For 15 Mark questions briefly provide a classification chart after the introduction
2. Generally, questions from this topic need a ‘BALANCED’ Approach. So, provide both Positive and Negative arguments
3. Framework – Institutional and Stakeholder

Institution	Positive	Negative
Culture	Customs and Traditions, philosophy, Tolerance and accommodation, Pluralism, unity in diversity, spiritualism	Orthodoxy, Patriarchy, rising consumerism and materialism
Family	Collectivism, Economic and Psychological support, socialization	Gender Roles, Violence, intergenerational conflicts, increasing divorce rates
Society	Source of value system, Social Mobility, modernization, Sanskritization	Stigma, obscurantism, caste discrimination, communalism
Economy	Gender roles, Dual income households	Care economy, feminization of poverty, access to resources
Education	Autonomy, awareness	Inequality, rural-urban divide
Legal-constitutional	FR, Progressive laws and judgments	Social acceptability, top-down approach, loopholes, and misuse

4. Stakeholder

Stakeholder	Positive	Negative
Individual	Autonomy and Rights, Emotional and financial support,	Burden of collectivism
Women	Greater autonomy and equitable division of work	Patriarchy, violence, security, social expectations and stigma
Children	Socialization, identity	Limits on individual agency. Impact on health, education
Elderly	Culture of Respect	Nucleralization of family, isolation
Technology	Awareness and assertion, opportunities	Dilution of bonds, digital divide

Conclusion

1. Try to provide a Futuristic conclusion. Use key phrases like ‘unity in diversity’ etc and link them to policy objectives like SDG, Panchpran, ek bharat shreshth bharat etc.
2. Can also use a quote and link it to the core demand of the question
3. According to J.H. Fichter– “A society may be defined as a network of interconnected major groups viewed as a unit and sharing a common culture.”
4. R.M. Maclever has defined society as “a web of social relations which is always changing.” 
5. Anthony Giddens defines globalization as “the intensification of worldwide social relations which link distant localities in such a way that local happenings are shaped by events occurring many miles away and vice versa.”
6. Patrilineal society: A society in which descent/ancestry is determined through the father’s line and continued through the father is termed as a patrilineal society. 
7. Patrilocal society: A society in which, there is a change in residence of the wife to the village/house of the husband, after marriage, is called a patrilocal society. 
8. Matrilineal society: In Matrilineal society, descent is determined through the mother’s line and also continued through the mother. Property and family names are also carried forward through mothers. Eg- Garo and Khasi tribes in Meghalaya and Nayars of Kerala. 
9. Matrilocal society: A society in which the husband comes to reside in the house/village of the wife upon marriage, is termed as a matrilocal society. Such a society is also matriarchal and matrilineal.

Quotes

1. “Our ability to reach unity in diversity will be our civilization’s beauty and test.” Mahatma Gandhi. 
2. “If America is a melting-pot, then India is a thali, where each dish tastes different, but they belong together and complement each other in making the meal a satisfying repast.” – Shashi Tharoor
3. “India is, the cradle of the human race, birthplace of human speech, mother of history, the grandmother of legend, & great grandmother of tradition.” – Mark Twain
4. So far as I am able to judge, India is the most extraordinary country that the sun visits on its rounds. Nothing seems to have been forgotten, nothing overlooked.- Mark Twain 
5. “India will teach us the tolerance and gentleness of a mature mind, understanding spirit and a unifying, pacifying love for all human beings.” Will Durant

Important phrases that can be used

1. Nehru – inherent Cosmopolitanism 
2. Mosaic of Cultures: Rabindranath Tagore 
3. Iravati Karve: Epitome of the World.
4. Will Durant: India was the motherland of our race

Data

Geographical	snowbound Himalayas, northern plains, arid deserts, Deccan plateau, coastal plains, and islands. Geographical diversity and specificity.
Linguistic	Austric, Dravidian, Sino-Tibetan, Inda-European. Report of the Census Commissioner 2011- 121 languages spoken by over 10,000 people 19,500 languages or dialects spoken People’s Linguistic Survey of India-G.N. Devy: 780 major languages, 66 different scripts
Religious	All India Religion Census Data 2011: Hindu -79.80% Muslim 14.23%  Christian 2.30% Sikh 1.72% Buddhist 0.70% Jain 0.37% Other Religion 0.66% Not stated 0.24%
Racial Diversity	B.S. Guha identified: Negrito Proto-Australoid, Mongoloid Mediterranean, Western Brachycephals, Nordic
Family, Marriage, and Kinship	Patrilineal, Patrilocal, and Patriarchal families in most of India. Matrilineal families of Kerala, North East
Tribes	The total population of Scheduled Tribes is 10.43 crore as per the Census 2011 which accounts for 8.6 per cent of the country’s total population. MAJOR TRIBES Jammu & Kashmir -Sippi, Beda, Balti Himachal Pradesh-Gaddi, Kanaura, Gujjar Rajasthan-Bhil, Damor, Dhanka Sikkim- Bhutia, Lepcha Arunachal Pradesh -Kuki, Mikir,  Madhya Pradesh- Gond, Kamar, kol Chhattisgarh- Baiga, Korba, Abhuj Maria

Salient features of society

1. Civilizational Continuity: In his book “Discovery of India,” Nehru highlights the remarkable continuity of Indian civilization from the Indus Valley to the present, exemplified by the preservation of cultural elements. Eg- the Tribhanga posture, central to Indian dance forms, is depicted in the Mohenjo-Daro bronze sculpture.
2. Inherent Pluralism due to interaction with various cultures, including Greeks, Mughals to Europeans, who played pivotal roles in integrating their influences into Indian society. Eg –  Akbar’s Din-i-ilahi.
3. Philosophical and Spiritual Foundations: rooted in a diverse array of traditions such as Hinduism, Buddhism, Jainism, and Sikhism. It influences social, ethical, and personal behaviors shapes the overall societal ethos, and promotes a worldview centered on spiritual growth and moral values. Eg- the practice of Ahimsa
4. Unity in Diversity in India emerged from historical fusion and accommodation, embodying the principle of “unity without uniformity and diversity without fragmentation.” This concept recognizes that differences enrich human interactions. Eg- more than 1,000,650 languages are spoken in India.
5. Dynamic and syncretic: Cultural syncretism is when distinct aspects of different cultures blend to make something new and unique. Eg: The language of Urdu has developed out of Arabic and Hindavi, the Bhakti movement, and the Sufi movements that inspired each other. The Rashtrapati Bhawan is an architectural splendor created from the fusion of European, Rajput, and Mughal design.
6. Traditionalism with modernity: While many modern gyms have opened across the nation, yoga has only gained more popularity in recent times. Western food is equally popular as Indian food. Indowestern fusion has been a popular theme in the performing arts. 
7. Scientific Heritage: Eg- the concept of zero and advancements in astronomy by scholars like Aryabhata. Modern achievements are epitomized by ISRO’s successful Mars Orbiter Mission, demonstrating a continuous tradition of scientific excellence. Other examples – are Raja Sawai Jai Singh-astronomical observatories-Jantar Mantar; translation of Euclid’s Geometry to Sanskrit.
8. Coexistence with Nature in the spirit of Prithvi Sukta, which offers a salutation to Mother Earth. Eg- The bugun tribe of Arunachal Pradesh, and the Bishnois of Rajasthan. 
9. Patriarchy: grants greater authority and privilege to men in both public and private spheres, influencing various aspects of life including legal rights, property ownership, and familial roles. Eg- Sarpanch Pati Raj
10. Tolerance and Mutual Respect: Buddhism and Jainism propagated these values through their ancient scriptures. The concept of  “sarva dharma-sam-bhava” is the foundation of the Indian Model of secularism (Article 25-30).

Continuity and change in social features

Continuity:

1. Cultural Practices: – Festivals and ceremonies continue to be observed, reinforcing traditional values and beliefs. Eg- Onam in Kerala, Pongal in TN, Durga Puja in Eastern India
2. Life-cycle rituals, such as marriage (Saptapadi) and funeral rites, continue to follow ancient traditions. M.N. Srinivas noted the “Sanskritization” process where lower castes adopt rituals of upper castes, showing continuity in ritual practices. Eg- Lower caste communities adopting vegetarianism
3. Family Structure:
   • Joint family systems persist in many parts of India, emphasizing familial bonds and collective responsibility.
   • Respect for elders and adherence to hierarchical family roles remain prevalent.
   • Marriage Customs: Traditional practices like arranged marriages are still prevalent, although there is a growing acceptance of love marriages and inter-caste/inter-religious unions.
4. Religious Traditions: Practices like pilgrimage and religious festivals uphold spiritual beliefs and customs. Ex- Kumbhmela
5. Education and Learning
   • Gurukul System: Elements of the ancient Gurukul system of learning can still be seen in modern educational practices. Eg- Rishi Valley School in Andhra Pradesh
   • Traditional Knowledge: Ayurveda, Yoga, and other traditional sciences continue to be practiced and respected globally.
6. Philosophical and Ethical Systems
   • Dharma and Karma: The concepts of Dharma (duty) and Karma (action) continue to guide ethical and moral decisions in Indian society.
   • Spiritual Practices: Meditation, pilgrimage, and other spiritual practices retain their importance in everyday life.
7. Caste System: identity politics
   • Despite efforts towards social reform, caste-based identities continue to influence social interactions and occupations. Eg- Manual Scavanging 
   • Endogamous marriage practices reinforce caste boundaries and social hierarchies. Eg- Honor Killings
   • Louis Dumont’s book “Homo Hierarchicus” outlines the enduring nature of caste as a social institution. Eg- Caste-based panchayats
8. Constitutional provisions – Concerning the right to religion  (article 25) and the protection of one’s own culture reflects this continuity. Even the Indian model of secularism under the Indian Constitution is based on ‘Sarva Dharma Samabhav’.
9. Social media plays a significant role in preserving and reviving traditional social values by sharing and promoting cultural practices, festivals, and art forms. Eg- during the COVID-19 pandemic, many temples broadcasted live puja ceremonies. Popularization of traditional dance forms like Bharatnatyam through Youtube

Changes in Indian Society:

1. Political – 
   • Breaking the caste hierarchy because of reservation and electoral politics. eg- President Murmu.
   • Women’s Empowerment: Increased participation of women in politics is a significant change, reflecting broader gender equality movements.
2. Economic:
   • Economic Diversification due to LPG reforms: Shift from a primarily agrarian economy to one that includes manufacturing and services, with a growing emphasis on technology and knowledge sectors.
   • Education and Urbanization: According to Dipankar Gupta, Urbanization and employment opportunities in diverse sectors offer upward social mobility and alter traditional social hierarchies.
3. Social – Impact of Globalization
   • Substantial shift towards consumerism, and materialism as against traditional values of minimalism and non-ostentation.
   • Urbanization – Migration to urban areas leads to the breakdown of traditional community structures and promotes individualism and nuclear family setups. 
   • Social Mobility: Increased opportunities for upward social mobility through education and employment, challenging traditional socio-economic hierarchies.
4. Modernization theory of Yogendra Singh –
   • Cultural Hybridization – Modernization in India leads to a blend of traditional and modern values, creating a unique cultural hybrid.
   • Structural Differentiation, where traditional roles and institutions evolve to meet new functional needs. Eg- a transformation of joint family systems into nuclear families in urban areas. 
5. Changing Family Dynamics:
   • A decline in the prevalence of joint families and increasing divorce rates reflect shifting family structures and values. 78% of Urban households have three to four members. According to the Census 2011, the number of nuclear families in urban India increased by 29% from 2001.
   • Marriage Customs: Changes in traditional practices, such as increased acceptance of love and inter-caste marriages. A 2018 study by the India Human Development Survey found that 5% of marriages in urban areas were inter-caste, compared to 2% in rural areas.
   • Increasing Divorce Rates reflect changing societal values and attitudes towards marriage and individualism.
   • Changing Roles: Gender roles within families are evolving, with more women participating in the workforce. Female literacy rate increased from 53.67% in 2001 to 64.63% in 2011
6. Technological – The influence of social media platforms facilitates cross-cultural interactions and challenges traditional norms. Eg- Metoo Movement
7. Legal Reforms: 
   • According to Nivedita Menon, the struggle for gender and sexual rights is reshaping societal norms and challenging traditional boundaries, promoting gender equality and social justice. Eg- Triple Talaq Act, #MeToo Movement 
   • LGBTQ+ Rights: Decriminalization of homosexuality (Section 377) and increasing social acceptance of LGBTQ+ individuals. 

Indian society exhibits a dynamic interplay between continuity in traditional values and adaptation to changing social realities. While longstanding cultural practices endure, socioeconomic transformations, globalization, and legal reforms herald a new era of social change, emphasizing inclusivity, equality, and diversity.

Customs and Traditions –

As a source of continuity

1. Cultural Identity: Festivals like Diwali and Holi which are celebrated with traditional rituals, foods, and songs, serve as recurring reminders of a shared heritage and foster a sense of belonging and continuity among the community. Eg- Traditional attire during festivals. According to M.N. Srinivas, festivals act as a ‘social glue’.
2. Family Structure and Values: Traditions like joint family living promote a sense of continuity and shared responsibility, reinforcing the social and familial bonds.
3. Social Cohesion: Community feasts and village festivals promote unity and bring people together.
4. Marriage and Rituals: Marriage in India is more than a legal union; it is a confluence of elaborate rituals and traditions, from matchmaking and celebrations to post-marriage customs like Grihapravesh, which ensure the continuation of cultural norms and social structures.
5. Caste-based Practices – Ritual purity and pollution rules followed by different caste groups. André Béteille argues that caste-based customs play a significant role in maintaining social structure and order in rural India.
6. Education and Learning: Traditional forms of learning and literature, such as the Gurukul system of education or the transmission of Vedic chanting, emphasize oral transmission and personal mentorship, ensuring that knowledge is passed on intact across generations.
7. Art and Craft: Traditional Indian arts and crafts like Madhubani paintings, Kalamkari, and handicrafts like pottery and weaving are not only economic activities but also cultural expressions passed through generations. 
8. Religious Practices: Religious customs, whether it’s the daily prayers, the sacred thread ceremony (Upanayana), or the pilgrimage (Yatra), bind individuals to their forebears, fostering a continuity of belief systems and communal life.

As an Impediment to Modernity:

1. Resistance to Change: In some rural and conservative communities, traditional lifestyles are highly valued, and any change (Eg- modern agriculture techniques, medical practices (like vaccinations), or even the adoption of digital technologies) is often met with suspicion or outright resistance. 
2. Social Stratification: Traditions associated with caste (Eg- endogamy, occupations, etc) restrict social mobility and access to resources perpetuating a cycle of economic and social inequality that is at odds with modern democratic principles and the notion of equal opportunity. 
3. Gender Norms: Patriarchal customs like dowry perpetuate gender inequality leading to the continuation of social evils like female infanticide, child marriage etc, thus violating constitutional principles under Article 14, 42, 52A.
4. Conflict with Modern Values: Adherence to customs and traditions can curtail Individual agency and freedom and hinder social progress and equality. Eg- Honor killing, child marriage
5. Marriage and Family Structures: Traditional customs like endogamy limit individual choice and foster social stratification. Additionally, the stigma associated with divorce and remarriage traps individuals in unhappy or abusive relationships, contrary to modern notions of personal freedom and human rights.
6. Religious Practices and Superstitions can sometimes undermine public health and scientific reasoning. Eg-  reliance on religious or magical cures instead of medical treatment, astrological considerations in decision-making, etc.
7. Social Innovations and Legal Reforms: traditional views on LGBTQ+ rights prevent the acceptance and integration of LGBTQ+ individuals into mainstream society, conflicting with modern ideals of inclusivity and human rights.

While customs maintain cultural heritage, certain traditions impede social progress by perpetuating inequalities and conflicting with modern values. Balancing tradition with progressive values is crucial for India’s inclusive development.

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Diversity

If God had so wished, he would have made all Indians speak one language. The unity of India has been and shall always be a unity in diversity – Rabindranath Tagore

Peace is not unity in similarity but unity in diversity, in the comparison and conciliation of differences- Mikhail Gorbachev.

Our ability to reach Unity in Diversity will be the beauty and test of our civilization –Mahatma Gandhi.

Types

1. Cultural– India’s cultural diversity is vividly manifested in its festivals, cuisine, clothing, music, dance, art, and literature.
   • festivals such as Diwali and Eid, each marked by distinctive traditions.
   • Culinary styles vary from region to region, offering a spectrum of flavors from the biryanis of Hyderabad to the seafood of Kerala. 
   • Traditional attire like sarees and dhotis change style across different states, reflecting local customs. 
   • Music and dance forms range from classical styles like Bharatanatyam to folk traditions like Bhangra. 
   • Art and architecture showcase a diversity from Mughal designs in the north to Dravidian temples in the south. 
   • Literature too is rich, spanning from ancient Sanskrit epics to modern Indian and English writings, illustrating the depth of India’s cultural narrative.
2. regional – 
   • State Division: India has 28 states and 8 Union Territories, each with  distinct cultural identities. 
   • Intra-State Diversity: States like Maharashtra exhibit sub-regional identities such as Vidarbha, Konkan, Marathwada, and West Maharashtra.
3. geographical (data given above)
4. Religious (data given above)
5. Ethnic

Ethnic groups in India	Features	Area located in
Indo-Aryans	Largest ethnic group,  approx 72% of the population.	northern, central, and western regions of India.
Dravidians	Second-largest ethnic group, comprising around 25% of the population.	southern parts of India.
Mongoloids	Small ethnic group, representing about 3% of the population.	northeastern regions
Other ethnic groups	Tibeto-Burmans, Austro-Asiatics, and the Andamanese.

6. Caste – According to Sujatha Gidla (Ants among elephants), Caste is the invisible arm that turns every gear in nearly every system of the country

• According to the 2011 Census, Scheduled Castes constitute about 16.6% of the population, and Scheduled Tribes make up 8.6%.
• Other Backward Classes (OBC): Estimates suggest OBCs form about 41% of the population.

7. Language – As per the UNESCO Atlas of the World’s Languages in Danger, India has the largest number of endangered languages globally, totaling 197. (Data given above)

8. Tribal–

• As per the Census 2011, the tribal population constitutes about 8.9% of the total population and 11.3% of the total rural population.  
• In the states of Punjab and Haryana, as well as the union territories of Delhi, Chandigarh, and Puducherry, there are no tribes officially recognized as Scheduled Tribes.
• Mizoram and Lakshadweep have high proportions of their populations belonging to Scheduled Tribes, at 94.43% and 94.79% respectively. 
• Among the major states, Chhattisgarh has the largest proportion of the Scheduled Tribe population at 30.62% followed by Jharkhand at 26.21%.
• 71% of India’s Scheduled Tribes population is concentrated in six states: Madhya Pradesh, Maharashtra, Odisha, Gujarat, Rajasthan, and Jharkhand.

Region	Tribes
Himalayan region	Gaddi, the Jaunsari, the Naga, etc
Middle India	Munda, the Santal, etc
Western India	Bhil, the Grasia
South India	Toda, the Chenchu
Andaman and Nicobar	Jarawas, Onges, Sentinelese, Shompens

Diversity and National Identity (Unity in diversity) –

Diversity	Building National Identity	Threat to National Identity
Geography	Despite its diversity, India has long been identified as a distinct geographical entity throughout various ages. Shared Natural Resources (Ganga, Indus), Common Identity, and Heritage (Taj Mahal) contribute to a collective national identity transcending regional or ethnic differences.	Uneven Resource Distribution and Regional Isolation Due to Natural Barriers. Eg- Sons of Soil movement in Maharashtra, Interstate disputes
Language	Hindi is a lingua franca in the majority parts of India. The dual-language framework (Hindi-English) helps maintain administrative coherence and encourages a pan-Indian identity among diverse language speakers.	Hindi is a lingua franca in the majority parts of India. The dual-language framework (Hindi-English) helps maintain administrative coherence and encourages a pan-Indian identity among diverse language speakers.
Ideology	diversity has given way to tolerance, righteousness, love, and recognition of differences, through the notion of Vasudeva Kutumbakam and sarv dharma samabhav.	Ideological differences related to nationalism, secularism, and regional autonomy often ignite tensions.
Religion	The religious diversity of India is celebrated as a core aspect of Indian identity, promoting a culture of pluralism and mutual respect.	Communal tensions and conflicts, often fueled by extremist ideologies and political
Cultural Heritage	Cultural heritage in India is honored and promoted through initiatives such as Ek Bharat Shreshtha Bharat, as well as the development of Buddhist Circuits and Ramayan Circuits.	Ethnic tensions: The 2014 Kokrajhar conflict between Bodos and Bengali-speaking Muslims, and recent Manipur clashes highlight ethnic strife.
Polity	The Preamble of the Indian Constitution contains constitutional ideals such as secularism, socialism, liberty, equality, and justice, instilling a sense of political and administrative unity in India.	Disputes over resource distribution, language policies, and state boundaries have sometimes fueled regionalism and separatism. Eg – Khalistan issue
Secularism	Secularism is a concept that integrates Gandhi’s Sarva Dharma Sambhava, Nehru’s Dharmnirpekshta, and Ambedkar’s advocacy for minority rights, while the S.R. Bommai case emphasizes its active role and recognition as a fundamental aspect of India’s basic structure.	Communalism: Sudha Pai in “Everyday Communalism in the Grassroots” emphasizes the localized and politically manipulated nature of communalism at the grassroots level, while Christophe Jaffrelot highlights its institutionalization within Indian politics and the exacerbation of communal tensions by socio-economic insecurities. Eg- Delhi riots of 2020.
Economic Integration	economic unity has been fostered through integration, evidenced by post-1991 LPG reforms, the implementation of GST, and the establishment of a One Nation One Market system.	Regional and socio-economic inequalities can lead to social unrest. Eg- Naxalite insurgency in economically backward regions. Developmental Imbalance: Disparities in infrastructure and opportunities like the North-South development gap, as highlighted by Ashish Bose’s concept of BIMARU vs TTAKK states, contribute to regional disparities.
Philosophical Bond	The philosophical bond in India is exemplified by Kabir’s concept of Amarpur (eternal city), Ravidas’s vision of Begumpura, Akbar’s Din-e-ilahi, and Ashoka’s edicts promoting tolerance and paternalism, all serving as unifying principles.	Hate Crimes, Mob Lynching: Incidents like the 2015 Dadri lynching of Mohammad Akhlaq and the 2020 Palghar lynching point to rising intolerance and vigilantism which undermine social cohesion and trust in the justice system.

Cultural differences between Rural and Urban areas:

	RURAL	URBAN
Social Structure	Traditional social structure, strong kinship ties, and community cohesion. Eg- Joint family	Diverse social structure, greater mobility, and interaction among individuals from varied backgrounds. Eg- ‘Apartment Culture’
Socialisation Processes	Family and community-based socialization, transmission of traditional norms and values through rituals and collective activities. Eg- Festivals	Influenced by formal education, media, and exposure to diverse cultural influences, leading to a cosmopolitan worldview.
Division of Labor	The traditional division of labor, roles determined by gender, age, and caste, centered around agriculture.	Specialized division of labor, occupational mobility based on education, skills, and market demands. Eg- Managerial Revolution
Cultural Practices and Symbols	Strong ties to traditional cultural practices and symbols, reinforce social cohesion. Eg- Jallikattu	Fusion of traditional and modern expressions, cultural convergence in urban spaces.
Power Dynamics and Social Change	Hierarchical power structures, resistance to change, and maintenance of social inequalities. Eg- Khap Panchayats	The catalyst for social change, innovation, and cultural exchange, challenging traditional norms.
Lifestyle and Pace of Life:	generally slower, with a stronger emphasis on community interactions and traditional practices.	characterized by a fast-paced lifestyle, with a focus on efficiency and modern conveniences.

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Family and Marriage System

Kinship 

Kinship refers to the complex system of social relationships that form an integral part of the social structure in all human societies. It is mainly recognized through blood relations (consanguinity) and marriage (affinity). 

Key aspects: 

1. Blood Relations: Kinship is based on biological relationships.
2. Marital Relations: Kinship extends through marital ties, spouses, and their relatives.
3. Fictive Kinship: This includes relationships formed through social bonds, like adoption.
4. Social Functions: Kinship systems help define roles, responsibilities, and authority within families and communities.

Economic and Political Roles: Kinship influences economic transactions and political alliances at the inter and intra community level.

Family

According to George Peter Murdock, ‘The family is a social group characterized by common residence, economic co-operation and reproduction. Family is viewed as a universal social institution as it existed in all kinds of societies from hunting-gathering to industrial societies.

Features of family

1. Universality of the Family: It is recognized as a fundamental social unit globally, the family performs essential roles for both the individual and society.
2. Legitimacy of Relationships: Families are typically formed through legally and socially sanctioned unions, primarily between spouses, that may include procreation and upbringing of children.
3. Emotional Bonding: Families are pivotal in providing emotional stability; members share bonds of love, care, and protection, often sacrificing personal desires for the collective good.
4. Regulatory Framework: Family dynamics and interactions are shaped by societal norms and legal regulations, ensuring structured relationships within the family.
5. Shared Living Space: Families generally share a common residence, which is crucial for nurturing and rearing children.
6. Heritage and Lineage: Families carry a specific kinship name that identifies their lineage, which is essential for recognizing familial descent and heritage.

Types of family

1. Nuclear Family: It consists of a husband and wife, along with their unmarried children. Minimal interdependent relationships with extended relatives usually characterize it.
2. Joint or Extended Family: This type of family includes multiple generations living under one roof—grandparents, parents, grandchildren, siblings, and their spouses and children, all functioning together as a single unit.
3. Blended Family: It is created when two people bring children from previous relationships or marriages and they come together to establish a new family entity.
4. Single-parent Family: Here, usually one parent has primary caregiving duties for the children. This can be the result of divorce, separation, the death of a partner, or a personal choice.
5. Foster Family: Foster families serve as temporary homes for children who are unable to live with their birth parents. They offer care and support until the children can either return to their birth families or a permanent solution is found.
6. Chosen Family: This is formed from emotional ties rather than biological ones. These families provide members with a sense of belonging, support, and care.

Functions

1. Socialization: A survey by a major Indian sociological institute found that around 74% of Indian children learn their primary social and cultural norms within the family setting.
2. Economic Maintenance: Family businesses contribute to about 60% of India’s GDP, according to the Confederation of Indian Industry.
3. Emotional/Psychological Support: A study indicates that 85% of Indians rely primarily on family support during emotional or psychological distress.
4. Regulation of Sexual Behavior: Families in India commonly oversee relationships and marriages, with arranged marriages still prevalent, involving family in spouse selection. 
5. Procreation: In rural areas, larger families are encouraged for additional labor and securing care for elderly family members, reflecting a higher Total Fertility Rate in these regions. 
6. Educational Maintenance: Indian families prioritize education, with a high percentage of children receiving private tutoring, reflecting the family’s role in educational decisions. 

CHANGING IN STRUCTURE AND FUNCTIONS OF FAMILY

1. Ronald Fletcher also calls the family a multifunctional social institution, but its secondary functions are performed by bureaucratic organizations today. Eg- nurseries, and daycare services
2. Shift to Nuclear Families: Data from the Indian census indicates that the proportion of nuclear families has risen from 41% in 2001 to 53% in 2011.  
3. Neo-Local Residence: Due to industrialization and urbanization, neo-local residence has become more common, with young married couples opting to live near their places of employment rather than with extended family.
4. Changing Gender Roles: shared responsibilities in household chores and child-rearing are becoming more common. (Arlie Hochschild’s concept of the “Second Shift”)
5. Economic Functions: Families are adapting to dual-income structures, with both partners contributing financially. Economic decisions, including investments and savings, are increasingly made jointly by spouses.
6. Socialization and Values: The role of the family in socializing children is evolving, with greater exposure to diverse values and cultures through media and technology.
7. Marriage Patterns: There is a growing acceptance of love marriages, inter-caste marriages, and live-in relationships. The age of marriage is rising, with individuals prioritizing education and careers before settling down.
8. Elder Care: With the decline of joint families, elder care is becoming a challenge, leading to the rise of old-age homes and professional caregiving services.
9. Technological Influence: Technology is reshaping family interactions, with digital communication becoming integral to maintaining relationships. Eg- family WhatsApp groups
10. Reproductive Choices: Families are having fewer children, influenced by economic considerations and personal choices. As per NFHS-5, the Total Fertility Rate (TFR) has declined to 2.0 children per woman in 2021.
11. Emotional and Psychological Support: The family’s role in providing emotional and psychological support is evolving, with a greater openness to seeking external help, such as therapy and counseling.
12. Fluid Family Dynamics: The focus on career and professional growth has led to the phenomenon of the ‘weekend family’, where couples primarily spend time together on weekends due to demanding work schedules.

Joint vs Nuclear family

FEATURES	JOINT	NUCLEAR
Structure	It includes multiple generations living under one roof.	single unit with parents and their children
Economic Model	Resources and expenses are typically pooled together	Parents are the primary earners
Socialization	Children learn social norms and values. It helps enhance communal ties and respect for elders.	more focused attention from parents but may have fewer interactions
Support System	daily domestic duties are shared among many members.	They have to manage independently or systems like daycare etc have risen.
Decision Making	Decisions are made by senior family members, with less autonomy for younger generations.	Decisions are made democratically within the household and children have more say in decision making.
Emotional Dynamics	They have closer parent-child relationships due to direct interaction.	They offer a broader emotional connection.

Life Cycle of Joint Family System

1. Formation
   • Founding Members: A joint family typically begins with a patriarch and matriarch, their sons, and their families living together.
   • Common Resources: Initially, resources such as land, property, and income are pooled together and managed collectively.
2. Expansion
   • Increase in Members: The family expands as children marry and have their own children. The family size increases, sometimes extending to three or four generations living together.
   • Role Distribution: Roles and responsibilities are divided among members based on age, gender, and ability. Elders typically make decisions, while younger members contribute through labor and financial support. (Talcott Parsons’ theory of the “functional fit”)
3. Consolidation – Stabilization Stage
   • Economic Cooperation: Family businesses or agricultural activities often thrive due to collective effort and pooled resources.
   • Social Support: The joint family provides social security, emotional support, and care for the elderly and children. (Emile Durkheim’s concept of “mechanical solidarity”)
4. Fragmentation – Transitional Stage
   • Conflicts and Strains: Differences in opinions, lifestyles, and economic aspirations among family members can lead to conflicts.
   • Economic Changes: Industrialization, urbanization, and increased mobility often pull younger members away from the traditional family setting.
5. Transformation – Modernization Stage
   • Nuclear Family Emergence, where individual families live separately while maintaining loose ties with the extended family.
   • Adapting Roles: The roles within the family adapt to the needs of smaller family units, with a focus on immediate family responsibilities.
6. Decline and Adaptation – Final Stage
   • Shift to Nuclear Families: The prevalence of nuclear families increases, especially in urban areas, due to economic and social pressures.
   • New Forms of Family Support: New support structures, such as old-age homes and daycare centers, emerge to fulfill roles traditionally held by the joint family.
   • Ulrich Beck’s “risk society” theory suggests that modern families adapt to the uncertainties and demands of contemporary life by forming new support networks.

Marriage

Marriage is a legal and cultural agreement between two people that sets their rights and responsibilities, legitimizes their personal and sexual relationship, and is generally intended to be permanent. 

In India, marriage is often about family alliances more than just the bond between the couple. Children from the marriage are recognized as the legitimate heirs of the couple, which is crucial for inheritance.

According to Emile Durkheim marriage is a social institution that contributes significantly to social cohesion and stability.
“Marriage as not a mere convention, but an implicit condition of human society.” – Dr. Radhakrishnan

Types of marriage –

Significance of marriage institution in Indian society

1. Social Structure and Stability: Structural Functionalism theory (Talcott Parsons) emphasizes the role of marriage in maintaining social order through the socialization of children and the stabilization of adult personalities.
2. cultural continuity: In Hindu marriages, the ‘Saptapadi’ or ‘Seven Steps’ ritual symbolizes the couple’s vows and commitments, embodying cultural continuity.
3. Economic and Social Alliances: Historically, marriages in India have been seen as strategic alliances between families, often involving considerations of economic benefit and social status. 
4. Legal and Social Recognition: Marriage provides legal recognition and civil rights in the spheres of inheritance, taxation, and welfare benefits. Eg- Hindu Succession Act, 1956
5. Gender Roles and Expectations: George Murdock (theory of Cultural Universals in Families) holds that marriage is a universal cultural element essential for defining family roles and regulating societal norms. 
6. It is a Source of emotional security and companionship by providing a network of support that is valued highly in Indian society. ‘Behind every successful man, there is a woman’. 
7. Community Identity and Belonging: Marriage ceremonies often involve extensive community participation, reinforcing communal ties and a sense of belonging. Eg- ‘Big fat Indian weddings’

Constitutional and Legal provisions related to marriage:

Constitutional Provisions

1. Article 21 (Right to Life and Personal Liberty): In Shafin Jahan v. Asokan K.M. & Ors. (2018) and in the Hadiya case, SC clarified that Article 21 included the right to marry a person of one’s choice. The judgment addressed issues of personal autonomy and freedom in the context of inter-religious marriage. 
2. Article 14 (Right to Equality): In “Navtej Singh Johar vs. Union of India” (2018), the SC decriminalized homosexuality by slashing Section 377 of IPC.
3. Article 15 (Prohibition of Discrimination): Prohibits discrimination, particularly in ensuring equal rights in marriage and its dissolution. Eg-  In “Joseph Shine v. Union of India”, the SC decriminalized adultery by striking down Section 497 of IPC.

Legal Provisions

1. The Indian Christian Marriage Act, 1872
2. The Muslim Personal Law (Shariat) Application Act, 1937
3. The Parsi Marriage and Divorce Act, 1936
4. The Special Marriage Act, of 1954: Allows for civil marriage (court marriage) without regard to the religion or faith followed by either party. 
5. The Hindu Marriage Act, of 1955: Governs marriage among Hindus as well as Buddhists, Sikhs, and Jains. 
6. The Prohibition of Child Marriage Act, 2006: Replaces earlier legislation to prevent child marriages, setting the minimum age of marriage at 21 for males and 18 for females.
7. The Protection of Women from Domestic Violence Act, 2005: Protects wives or female live-in partners from violence at the hands of a husband or male live-in partner or his relatives, reinforcing women’s rights within marriage.

Changes in the stability of marriages in the marriage system

1. increased from 19.3 years in 1990 to 22.1 years in 2019 for women, indicating a trend towards delayed marriages.  
2. Decline of Arranged Marriages: The rise of matrimonial websites and dating apps like Shaadi.com and Tinder which offer individuals the ability to exercise personal choice in selecting partners shows this trend.
3. Rise of Love and Inter-Caste Marriages- According to the India Human Development Survey (IHDS), inter-caste marriages have risen from about 10% in 2005 to around 15% in 2015. 
4. Legal Reforms and Women’s Rights: Due to the Implementation of the Domestic Violence Act (2005) there is an increase in the reporting of domestic abuse cases. Another important SC decision was to outlaw triple talaq (instant divorce) among Muslims to protect the rights of Muslim women.
5. Changes in the aim and purpose of marriage: In traditional societies, the primary objective of marriage is ‘dharma’ or duty, especially among Hindus. But today the modern objective of marriage is more related to ‘life-long companionship’ between husband and wife.
6. Changing Role of Women – Dual-income households have become more common, and women are increasingly contributing to family decision-making and financial planning.
7. Same-sex relationships: Although same-sex marriage is not yet legal in India, a 2022 survey by Ipsos found that 37% of Indians supported same-sex marriage, showing a significant cultural shift. In Navtej Singh Johar case SC decriminalized homosexuality which led to further discussions on changing societal outlook.
8. Changes in the stability of marriage: The number of divorce petitions has seen a rise, majorly in metropolitan cities.
9. Live in relationships: Urban regions, particularly IT hubs like Bangalore and Hyderabad, have seen a rise in cohabitation among young working professionals.
10. Delayed Marriages: The median age at first marriage in India has 

Negative Changes

1. Commercialization of Marriage – Increasingly, families feel pressured to spend exorbitant amounts on wedding ceremonies, sometimes leading to significant financial strain and debt. Eg- ‘The big fat Indian weddings’.
2. Dowry System Persistence: 
3. Erosion of Traditional Support Systems: With the shift towards nuclear families, traditional support systems provided by extended families are weakening.
4. Consumerism and Materialism: The emphasis on material possessions and lifestyle overshadows the emotional and relational aspects of marriage, leading to conflicts and dissatisfaction.
5. Impact of Social Media: Couples experience pressure to present an idealized version of their relationship online, leading to stress and potential conflicts in real life.
6. Influence of Western Culture: Differences in expectations regarding independence, gender roles, and family dynamics cause friction between spouses and between generations.

Reasons for changes

1. Economic Independence: Amartya Sen’s work on women’s agency and economic participation underscores the link between focus on career advancement and delayed marriages. Further, a study by the ICRW indicates that there is a growing acceptance in India for women working outside the home and participating equally in household decision-making.
2. Higher Education Levels: Sociologist Patricia Uberoi’s research indicates that education leads to more egalitarian marital relationships and changes in marital norms. Increasing education levels has led to greater autonomy in marriage choices.
3. Demographic changes- Changes in demographic patterns, such as lower birth rates (2.1%) and increased life expectancy (72), influence family and marriage structures, leading to a greater focus on companionate marriages and personal fulfillment.
4. Globalization and Cultural Exchange- Exposure to global cultures through media, travel, and the internet influences marriage practices by introducing new ideas about relationships, individualism, and personal freedom. Eg- movies like “Dilwale Dulhania Le Jayenge” promote the idea of love marriages and individual choice
5. Legal Reforms – The impact of legal reforms can be seen in the decrease of child marriages in India. UNICEF reports a significant decline, with 27% of girls married before 18 in 2016 compared to 47% in 2006.
6. Urbanization and Migration: – According to the 2011 Census of India, 31.16% of the population lives in urban areas. In cities like Mumbai and Delhi, nuclear families are more common, reducing the influence of extended family on marriage decisions.
7. Technological Advancements – Data from Statista (2021) shows that the online dating market in India is expected to grow annually by 11.03% (CAGR 2021-2025), highlighting the increasing role of technology in forming relationships.
8. Social Acceptance of Divorce – The National Crime Records Bureau (NCRB) reports show a gradual increase in the number of divorces filed in major Indian cities, reflecting changing social norms regarding marriage dissolution.
9. Advocacy and Activism–  The decriminalization of homosexuality in India in 2018 by  Supreme Court and ongoing discussions around same-sex marriage laws demonstrate the impact of sustained advocacy and societal shifts.

Impact

	POSITIVE	NEGATIVE
Decline of Arranged Marriages	Increased autonomy and personal fulfillment in choosing partners.	Potential family conflicts due to non-traditional choices.
Rise of Love and Inter-Caste Marriages	Enhances social integration and reduces caste and religious barriers.	Can lead to social ostracism or honor-related violence in conservative areas. Eg-case of Ankit Saxena, who was murdered in Delhi in 2018 due to his interfaith relationship
Legal Reforms	Empowers women and protects children within marital homes.	can lead to misuse of laws in contentious divorce or custody battles. Eg- Misuse of domestic violence Act
Recognition of Same-Sex Marriages	Promotes equality and acceptance for LGBTQ+ communities.	Cultural backlash from conservative sectors of society.
Increased Divorce Rates	Allows individuals to leave unhealthy or unsatisfactory marriages.	Can impact the emotional and financial stability of families, especially children.
Cohabitation Before Marriage	Offers a way to test compatibility before legal commitments.	May face legal or social challenges, especially in inheritance and parental rights.
Delayed Marriages	Better personal career	May lead to social pressures and reduced fertility options due to later marriages. Eg- Japan

Marriage age for women

The Prohibition of Child Marriage (Amendment) Bill, 2021 has sought to amend the Prohibition of Child Marriage Act, 2006, to increase the minimum age of marriage for women from 18 to 21 years.

Arguments in favor

1. Equality Between Genders: Raising the marriage age to 21 for women promotes gender equality, ensuring both sexes have the same legal standards.
2. Health and Maternity Benefits: Older age at first marriage can contribute to better health outcomes for both mothers and children because of better prenatal care and healthier pregnancies.
3. Reduction in Domestic Violence and Child Marriage – The NFHS-4 reports that women who marry before the age of 18 are more likely to experience domestic violence. Feminist theorists like Nussbaum argue that raising the marriage age can contribute to reducing vulnerabilities and enhancing women’s agency.
4. Educational and Career Opportunities: Delaying the age of marriage allows women more time to complete their education and establish their careers which can lead to better economic independence for women and improve societal and family health.
5. Improved Family Planning and Reduced Fertility Rates: Later marriages can contribute to reduced birth rates, which can have a positive effect on population growth management. Eg- Kerala, with a higher average marriage age, has a total fertility rate (TFR) of 1.8. In contrast, Bihar, with a lower average marriage age, has a TFR of 3.4.
6. Social and Psychological Benefits – Psychologist Erik Erikson’s stages of psychosocial development suggest that young adulthood is a critical period for identity formation and establishing intimate relationships. Delaying marriage allows individuals more time to develop a strong sense of self, leading to healthier relationships.

Challenges in Increasing the Marriage Age

1. Cultural and Social Norms: Anthropologist Daniel Miller argues that cultural practices and traditions are deeply embedded in social structures, and abrupt changes imposed from outside can lead to social tension and resistance.
2. Economic Implications for Families – For many families, especially in rural areas, marrying daughters off at a younger age reduces the economic burden on the family, including expenses for education and daily upkeep. Delaying marriage could impose additional financial pressures.
3. Disregard for Personal Choice: The increase could be seen as an overreach of government into personal choices, especially where individuals are ready and willing to marry before the age of 21.
4. Implementation Challenges: In rural Rajasthan and Uttar Pradesh, early marriage is often seen as a way to ensure the protection and honor of young girls. Efforts to enforce higher marriage ages have sometimes been met with local resistance and non-compliance.
5. Potential for Increase in Illegal Marriages: Raising the legal age can lead to an increase in unregistered or illegally conducted marriages, similar to the prohibition impacts in the US.
6. Potential for Increased Social Stigma – In conservative regions of India, such as parts of Haryana and UP, women who are not married by their mid-twenties often face societal scrutiny and stigma, which can affect their mental well-being and social standing.

Way Forward

1. The Task Force on Women’s Age of Marriage – recommends increasing access to education and employment for women, raising public awareness about the benefits of delaying marriage, and ensuring the enforcement of the new legal age through stricter laws and community engagement.
2. Education and awareness campaigns – The “Beti Bachao, Beti Padhao” campaign, can be expanded to include messages about the importance of delaying marriage.
3. Economic incentives and support to families to alleviate the financial burden of delaying marriage for their daughters. Eg- conditional cash transfer programs like “Kanyashree Prakalpa” in West Bengal
4. Strengthening Legal Enforcement and Support Systems – Eg- Setting up local committees and task forces in high-risk areas to monitor compliance with marriage-age laws and provide support to at-risk girls.
5. Cultural Sensitivity and Community Engagement Community-led initiatives in states like Rajasthan and Haryana have shown that engaging with local leaders and involving the community in decision-making can positively change attitudes towards marriage age.
6. Addressing Underlying Socio-Economic Issues – Integrating marriage age initiatives with broader development programs like the Sustainable Development Goals (SDGs) to address interconnected issues of poverty, education, and gender equality.

Same-sex marriage

It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.

SC Judgment

1. In 2023 SC said there was no fundamental right to marry and that the Court could not recognize an LGBTQIA+ person’s right to marry under the Special Marriage Act.
2. It has also rejected the demands for the re-interpretation of the Special Marriage Act (SMA) 1954 to include the word “spouses” in place of “man and woman”.
3. SC also held that though CARA provisions prohibiting queer couples from adoption are discriminatory, cannot be overturned by the judiciary. The legislature and executive must take the necessary steps to address this issue.

Arguments in favor

1. Same-sex marriage as a matter of rights –The Constitution prohibits under article Articles 14 and 15 the state from discriminating based on sex. SC has also interpreted “sex” to include “sexual orientation” in the Navtej Singh Johar case.
2. Same-sex marriage is a matter of privacy- Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home, and sexual orientation.
3. Legal protection– The legalization of same-sex marriage will provide legal protection to homosexual couples and rights such as adoption, inheritance, and property rights.  
4. Legalising same-sex marriages would encourage social acceptance of LGBT individuals and relationships, reducing discrimination and stigma.
5. Progressive realisation of rights and Transformative constitutionalism where the law is used as a tool to achieve social justice and equality.
6. Pursuit of happiness: Homosexuality is not an offense, it is just a way of the pursuit of happiness, a way to achieve sexual happiness or desire.
7. Issues with the definition: Section 377 assumes that a natural sexual act is that which is performed for procreation. Hence, it thereby labels all forms of the non-procreative sexual act as unnatural.
8. Many countries recognize: According to the global think tank Council of Foreign Relations, same-sex marriages are legal in at least 30 countries, including the United States, Australia, Canada, and France.

Arguments against

1. Religious sanctions: Same-sex acts are punishable by death in Arab countries. No religion openly embraces same-sex marriage. More or less, they are considered unnatural everywhere.
2. Legal revamp required: The registration of marriage of same-sex persons also results in a violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals”.
3. Burden of collectivity: Our society is very community oriented and individualism is not encouraged so any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism.
4. Impact on Adopted Children- In Indian society, where the LGBTQIA+ community is not universally accepted, children adopted by LGBTQIA+ couples may face societal stigma, discrimination, and mental health challenges.
5. Moral and Ethical Concerns:  The social order in our Country is religion-based which views procreation as an obligation for the execution of various religious ceremonies and thus considers same-sex marriages as against the natural order of things.
6. Social stigma:  Apart from the harsh legal scenario, same-sex marriages are still unimaginable as any instance of sexual relations between a couple of the same sex draws hatred and disgust.  
7. Slippery Slope Argument – It suggests that redefining marriage once could open the door to more radical changes in the future, potentially including polygamy or other non-traditional unions.

Way Forward

1. Forming the committee under the cabinet secretary as directed by SC to reform legal provisions related to the same-sex marriage
2. Awareness campaigns to promote equality and acceptance of all sexual orientations and to broaden public opinion about the LGBTQIA+ community.

Rising divorce rates 

According to a report by the United Nations, despite having the lowest divorce rate globally (around 1.1%) India has witnessed a rise in divorce cases in the past few years. This trend is even more prominent for couples who have been in long-term marriages of 20 years or more. There has been a 350% increase in divorce rates in India over the last two decades. 53% of divorces filed in India are by people aged 25-34 years old.

Reasons for an increasing rate of divorce

1. Changing family dynamics- with the rise of smaller nuclear families and more egalitarian relationships, couples may face greater pressure to juggle individual needs and aspirations while maintaining a strong marital bond.
2. Changing attitudes – A significant contributor to the rising divorce rates is the remarkable growth of Indian women in recent years — both financially and socially. Societal attitudes toward divorce have shifted over time, making it more socially acceptable for individuals.
3. As children leave the home and couples enter the empty nest phase, they may find themselves rediscovering each other and facing new challenges. Couples may find that they no longer have a shared focus or common goals. 
4. Infidelity and trust – its occurrence is more common in longer-term marriages due to the greater opportunities for connection and temptation that exist in today’s interconnected world.
5. As life expectancy has increased, people may find themselves wanting to make the most of their remaining years. This means as people age, their priorities may shift. Some may reevaluate what they want from life and relationships, leading to the realization that they want something different from what their current marriage provides.
6. Unresolved conflicts – When too many differences or problems can’t be worked out, the marriage may break down. Long-standing issues or unresolved conflicts in a marriage may become more pronounced over time.
7. Legal Reforms: Reforms in family laws and divorce procedures have made the legal process more accessible and streamlined. Amendments in divorce laws, such as the introduction of “no-fault” divorce, have simplified the divorce process and reduced the burden of proving grounds for divorce.
8. Domestic Violence and Dowry Harassment: Instances of domestic violence and dowry harassment remain prevalent in some parts of India. Increased awareness and support for victims have encouraged more women to take legal action, seeking divorce as a means to escape abusive relationships.
9. Interference of Extended Family: In joint family setups, interference from extended family members can lead to conflicts and disagreements between spouses, making it difficult to sustain a harmonious marriage.

Impact of Increasing Divorce Rates

Category	Positive Impacts	Negative Impacts
Family Structure	Encourages the formation of nuclear families, which may be more manageable financially and emotionally.	Leads to an increase in single-parent households, causing potential economic and emotional strain.
Social Norms and Attitudes	Greater acceptance of divorce reduces the stigma associated with it, promoting mental well-being.	Changing social norms can lead to conflicts with traditional values, causing generational tensions.
Gender Roles and Empowerment	Empower women to leave abusive or unsatisfactory marriages, promoting gender equality.	Women may face social backlash and stigmatization for choosing divorce.
Economic Implications	Financial independence and job opportunities for women may increase as they seek economic stability.	Financial strain due to single-income households and the cost of legal fees and alimony.
Legal and Policy Changes	Legal reforms may make divorce processes more accessible and fair.	Complex and lengthy legal processes can be financially and emotionally taxing.
Child Custody and Support	Laws are evolving to prioritize the best interests of the child in custody cases.	Children of divorced parents may experience emotional and psychological stress, affecting their development.
Mental Health and Well-being	Individuals may experience personal growth and improved mental health after leaving unhappy marriages.	Increased rates of depression, anxiety, and loneliness among divorced individuals.
Social Cohesion	Opens pathways for societal progress towards individual autonomy and personal happiness.	Potential weakening of the traditional family unit, leading to a loss of social support systems.

While these factors contribute to the rising trend in divorce by mutual consent in metros, the prevalence of this trend may be relatively lower in Tier 2 cities or rural areas due to factors such as:

1. Conservative Societal Norms: Tier 2 cities and rural areas may still uphold more conservative values and norms, which could discourage couples from considering divorce as a socially acceptable option.
2. Stronger Family and Community Bonds: Tight-knit communities in smaller cities and rural areas may exert greater social pressure to maintain marriages and discourage divorce.
3. Economic Interdependence: Economic conditions in Tier 2 cities and rural areas may result in higher economic interdependence between spouses, making the prospect of divorce financially challenging.
4. Limited Access to Resources and Information Accessibility: Limited access to educational and informational resources in rural areas may contribute to lower awareness about legal options and procedures for divorce.
5. Cultural Stigma: There may be a greater stigma attached to divorce in conservative societies, dissuading individuals from seeking this option even in the face of marital difficulties.

As India progresses, the dynamics of marital relationships are poised for further changes. Society must establish support systems and counseling services to assist couples in resolving their issues and considering alternatives to divorce whenever feasible. Furthermore, initiatives aimed at challenging prevailing cultural norms and enhancing gender equality can foster healthier and more enduring marriages in the times ahead.

Impact of COVID on marriage

Émile Durkheim’s concepts of social solidarity and anomie provide insights on both impacts. On one hand, increased solidarity might emerge from shared experiences of hardship, influencing more supportive marital and familial relationships. On the other hand, the disruption to normal social life could lead to anomie—a state of normlessness where individuals feel disconnected and destabilized.

Positive Impacts

1. Simpler Weddings: A survey by a matrimonial site found that 67% of respondents preferred simpler, cost-effective weddings post-pandemic. 
2. Shifts in Gender Roles and Expectations: Lockdowns have forced a renegotiation of household duties, which has led to more egalitarian relationships.
3. Strengthened Bonds: Shared experiences during challenging times enhanced mutual support and resilience. A survey by the Institute for Family Studies (IFS) in 2020 found that 58% of married people reported that the pandemic had made them appreciate their spouse more.
4. Increased Communication: Time together allowed for resolving conflicts and addressing relationship issues more effectively.
5. Focus on Work-Life Balance: Remote work and flexible schedules provided more opportunities for couples to balance professional and personal lives. Jointly managing household responsibilities and childcare fostered cooperation and teamwork.
6. Reevaluation of Priorities: The pandemic prompted couples to reassess their values and life goals, leading to a renewed focus on family and relationships. (Maslow’s concept of Hierarchy of Needs)
7. Health and Well-being: Joint activities such as exercising, cooking, and engaging in hobbies promoted well-being and shared interests.

Negative Impacts

1. Delayed Marriages: The lockdowns led to the postponement of over 80% of weddings planned for the summer season of 2020, disrupting financial and logistic plans.
2. Increased Domestic Violence: The National Commission for Women reported a doubling of domestic violence complaints in April 2020 compared to the previous month.
3. Financial Strain: Economic surveys noted that job losses and pay cuts during the pandemic affected millions, increasing financial pressures on married couples.
4. Mental Health Challenges: A survey by the Indian Psychiatric Society observed a 20% increase in consultations for marital issues during the pandemic, highlighting the strain on relationships.
5. Sociologist Arlie Hochschild said the pandemic has intensified the “second shift.” This term refers to the additional domestic labor that women often undertake alongside professional work. 
6. Increased Divorce Rates: Prolonged periods of enforced togetherness led some couples to realize irreconcilable differences. 25% increase in cases in late 2020.
7. Impact on Children: Parents faced the additional stress of home-schooling, which, coupled with work-from-home pressures, led to conflicts and strain in marriages.

Live in Relationships 

Recently, the Uttarakhand government tabled the Uniform Civil Code (UCC) 2024 Bill in the Uttarakhand Assembly. All live-in relationships will have to be registered with the registering authority notified under the law. If any of the partners is less than 21 years old, the registrar will inform the parents of the couple and forward the registration to the local police station. Children born out of live-in relationships will have all legal rights. If one of the partners is married, will not be allowed

In S. Khushboo v. Kanniammal case, the Supreme Court held that a living relationship comes within the ambit of the Right to Life under Article 21 of the Constitution of India. The Supreme Court observed, “Though the concept of live-in relationship is considered immoral by the society, but is definitely not illegal in the eyes of the law.”

In D. Velusamy vs. D. Patchaiammal case, the Supreme Court held that a live-in relationship can be presumed to be a valid marriage if the couple has lived together for a long time and there is evidence to show that they have held themselves out to society as being akin to spouses.

Protection of Women from Domestic Violence Act, 2005: in V.K.V. Sarma case, the Supreme Court held that a live-in relationship is akin to a marital relationship and is protected under the Domestic Violence Act, 2005. 

Maintenance Rights: The Supreme Court and various High Courts have ruled that women in long-term live-in relationships can claim maintenance under Section 125 of the CrPC, which provides for the maintenance of wives, children, and parents.

Arguments in favor

1. Right to Personal Liberty and Choice as enshrined in Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. Adults have the right to choose their living arrangements without societal or legal interference.
2. Modern Societal Dynamics: Live-in relationships exemplify the idea of “pure relationship,” (Anthony Giddens) as they are based on mutual consent and the pursuit of individual happiness without the formal binding of marriage.
3. Gender Equality: Supporting live-in relationships legally reinforces gender equality by providing women the same rights and protections in non-marital relationships as they would have in traditional marriages. This is crucial in a society where marriage can sometimes result in the subordination of women.
4. Compatibility Check: Allows partners to assess compatibility before committing to marriage and reduces the risk of divorce by ensuring better understanding.
5. Protection Against Exploitation: Legal recognition provides a framework to protect the rights of individuals in live-in relationships, especially women and children, who might otherwise be vulnerable to exploitation and abuse. 
6. Preventing Legal Vacuum: By acknowledging live-in relationships, the law closes gaps where individuals could otherwise exploit the lack of legal clarity for personal benefit, such as denying maintenance rights or property rights after the dissolution of long-term relationships.
7. Promoting Responsibility in Relationships: Legal frameworks around live-in relationships can promote responsible behavior among partners, encouraging them to consider the implications of their relationship in terms of mutual support, property rights, and the welfare of children, if any.

Arguments against

1. Cultural and Moral Values: Many argue that live-in relationships contravene traditional Indian values and the sanctity of marriage as an institution. 
2. Religious and Ethical Objections: Various religious groups in India oppose the legalization of live-in relationships because they contradict religious teachings and doctrines about marriage and sexual relationships.
3. Legal and Social Complications: Critics argue that legal recognition of live-in relationships could lead to complex legal and social issues, such as disputes over property, maintenance, and inheritance rights, especially in the absence of clear legal guidelines or in the case of relationship breakdown.
4. Impact on Children: Concerns exist about the stability and social acceptance of children born into or raised in live-in relationships. Children might face social stigma and legal ambiguities regarding parental rights and inheritance.
5. Impact on Marriage: Marriage is considered a stabilizing force in society, and diminishing its importance could affect social structure and family stability.
6. Potential for Abuse: the informal nature of live-in relationships could make it easier for partners to abandon their responsibilities, potentially leading to increased vulnerability and exploitation, especially of women.
7. Societal Order and Stability: Some argue that encouraging live-in relationships could lead to a breakdown of societal order, as traditional family structures are seen as foundational elements of a stable and orderly society.

Way forward

1. Legal Reforms: Establish Clear Legal Protections similar to those available to married couples. Eg- Many states in the US recognize cohabitation agreements, providing legal protection to partners in live-in relationships regarding property, finances, and inheritance.
2. Public Awareness Campaigns: to educate the public about the benefits of live-in relationships, such as flexibility and mutual respect, to change societal perceptions and promote Social Acceptance.
3. Support Systems: Provide access to counseling and support services for couples in live-in relationships to help them navigate challenges and strengthen their bonds.
4. Child Rights and Welfare: Promote initiatives to ensure children from live-in relationships are accepted and treated equally in educational and social settings.

Workplace Policies: Encourage employers to extend benefits to partners in live-in relationships, such as health insurance and leave policies. Also, implement workplace diversity training programs to promote understanding and acceptance of different relationship forms.

The American constitution was the first to begin with a preamble. Many counties, including India, followed this practice. A preamble is an introductory and Expressionary statement in a document that explains the document’s purpose and underlying philosophy.

Historical Background

On December 13, 1946, Nehru moved the ‘Objective Resolution’ in the Constituent Assembly. This resolution defined the basic goal or purpose of the Indian Constitution. The same resolution was later modified and adopted as the Preamble to the Indian Constitution.

Provisions of the Objectives Resolution: 

1. It proclaimed India to be an independent Sovereign Republic. 
2. It declared the aim of the Constituent Assembly to write a constitution which fosters unity of the nation and ensures it’s economic and political security. 
3. All powers and authority of sovereign and independent India and its constitution shall flow from the people. 
4. India to have a Federal form of government with Division of Powers between the Centre and the States. 
5. All people of India shall be guaranteed and secured social, economic, and political justice; equality of status and opportunities and equality before the law; and fundamental freedoms – of speech, expression, belief, faith, worship, vocation, association and action – subject to law and public morality. 
6. To provide adequate safeguards to the minorities, backward and tribal areas, depressed and other backward classes. 
7. To maintain the integrity of the territory of the Republic and the sovereign rights on land, sea and air according to the law of civilized nations. 
8. To attain a rightful and honored place in the world and make willing contribution to the promotion of world peace and the welfare of mankind. 

Components of the Preamble:

1. Source of authority for the Constitution – The Preamble states that the Constitution derives its authority from the people of India.
2. Nature of Indian State – It declares India to be a Sovereign, Socialist, Secular Democratic, and Republican Polity.
3. Objectives of the Constitution – It specifies Justice, Liberty, Equality, and Fraternity as the objectives.
4. Date of adoption of the Constitution – It stipulates November 26, 1949, as the date of its adoption.

Significance of preamble with scholar’s Viewpoints

1. In Sajjan Singh vs State of Rajasthan, Justice Madholkar said that the Preamble had the stamp of “deep deliberation”, was “marked by precision” and the “framers of the Constitution attached special significance to it.” The Preamble was “an epitome” of the broad features of the Constitution which were an amplification or concretization of the concepts set out in the Preamble.
2. Sir Alladi Krishnaswami Iyer’s View: Describes the Preamble as the expression of long-held thoughts and dreams.
3. K.M. Munshi’s Perspective: Considered the Preamble as the “horoscope” of India’s sovereign democratic republic.
4. Pandit Thakur Das Bhargava described the Preamble as the most precious part and soul of the Constitution. A yardstick to measure the worth of the Constitution.
5. Sir Ernest Barker’s Tribute: An English political scientist, Barker called the Preamble the “keynote” of the Constitution and quoted it in his book Principles of Social and Political Theory (1951).
6. M. Hidayatullah’s Observation: A former Chief Justice of India compared the Preamble to the Declaration of Independence of the USA, asserting it is more than a declaration—it is the soul of the Constitution, defining the structure of India’s political society.

Debate surrounding whether preamble is part of constitution or not

1. Berubari Case (1960) – the Supreme Court held that the Preamble serves as a guide to understand the framers’ intentions but is not part of the Constitution and is not enforceable in a court of law. Justice Gajendragadkar stated that the Preamble does not confer substantial powers on the state, using it as a reference under Article 143(1) regarding the Indo-Pakistan Agreement.
2. In Golak Nath v. State of Punjab, Justice Hidayatullah observed that the Preamble represents the core principles guiding the functioning of the government and described it as the “very soul” of the Constitution, eternal and unalterable.
3. In Bharti Chandra Bhavan v. State of Mysore, the Court emphasized that the scope of Directive Principles and Fundamental Rights can be better understood by referring to the objectives outlined in the Preamble.
4. Kesavananda Bharati Case:
   • The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.  So, the preamble is part of the introductory part of the Constitution.
   • Justice Sikri held: The Preamble was not only very much a part of the Constitution, but was of extreme importance and the Constitution should be read and interpreted in the light of grand and noble vision expressed in the Preamble. Any provisions of the Constitution could be amended under article 368 only within the broad contours of the Preamble and of the Constitution.
   • In the words of the learned Supreme Court, The edifice of our Constitution is based upon the basic elements mentioned in the Preamble. If any of these elements are removed, the structure will not survive and it will not be the same Constitution or it cannot maintain its identity.
5. The 1995 case of Union Government Vs LIC of India: The Supreme Court has once again held that Preamble is an integral part of the Constitution but is not directly enforceable in a court of justice in India.

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Salient Features and keywords in Preamble

Sovereignty:

1. Sovereignty refers to the supreme authority and power that a government or state possesses within its borders. According to Bodin, “Sovereignty is the supreme power of the State over citizens and subjects unrestrained by law”
2. Popular Sovereignty – The principle of popular sovereignty is concept of the social contract and asserts that the origin of governmental power, or sovereignty, resides in the people. 
3. There are two primary aspects of sovereignty:
   • Internal Sovereignty: It includes the power to create and enforce laws, maintain order, and govern institutions within the country.
   • External Sovereignty: External sovereignty entails the right to conduct foreign policy, engage in diplomatic relations, and make decisions without undue influence from external forces.

Other Key Attributes of Sovereignty:

1. Political Authority: Sovereignty grants the state ultimate authority over all governance.
2. Exclusivity: The state holds exclusive control over its affairs, free from outside interference.
3. Territoriality: Sovereignty applies to a specific geographic area under state control.
4. Recognition: International acknowledgment legitimizes a state’s sovereignty.
5. Legal Autonomy: Sovereign states independently create and enforce their laws.
6. Internal/External: It involves both domestic control and international independence.
7. Legitimacy: Sovereignty is tied to government legitimacy, often from public consent.
8. Defense: The state is responsible for national security and citizen protection.

Sovereignty under the Indian Constitution:

1. Preamble: The Preamble asserts that the Indian Constitution, adopted on November 26, 1949, derives its authority from the people, affirming India as a sovereign democratic republic.
2. Article 51A(c): Citizens are constitutionally obligated to uphold and protect India’s sovereignty, unity, and integrity.
3. Oaths in Third Schedule: The commitment to safeguard India’s sovereignty, unity, and integrity is mandatory in the oaths of Chief Justices, Union Ministers, and MPs.

Limitations of Sovereignty:

1. Constitutional Limitations
   • Fundamental Rights: The judiciary protects these rights by reviewing and striking down any government actions that violate them.
   • Judicial Review: Under Article 13, courts can nullify laws that are unconstitutional, ensuring legal compliance with the Constitution.
   • Separation of Powers: Article 50 ensures no single branch dominates, maintaining a balance of power in governance.
   • Federal Structure: Central and state governments share authority across Union, State, and Concurrent Lists, limiting absolute control by either.
2. The Basic Structure Doctrine(Kesavananda Bharati v. State of Kerala)
3. International Limitations
   • International Treaties: Agreements like the WTO limit sovereignty in areas such as subsidies, requiring adherence to global regulations.
   • Human Rights Standards: Sovereignty may be constrained when domestic policies conflict with international human rights obligations.
   • Economic Interdependence: Global trade and financial agreements influence domestic policies, reducing absolute control over economic decisions.
   • International Law: Compliance with international norms, such as UNCLOS, restricts sovereignty in specific legal contexts.
4. Moral Limitations – religious, moral, and legal values like Justice and Fairness, protection of minorities, Accountability and transparency. Eg- No First Use Nuclear Policy.

Impact of Globalization on Sovereignty:

Globalization is considered a ‘double-edged sword’. The complex process of increased interconnectedness and interdependence among countries around the world has both empowered and challenged the traditional concept of state sovereignty.

1. Political Implications: Globalization spreads democratic values but challenges sovereignty through institutions like the EU, which imposes supranational governance on member states.
2. Economic Impact: Globalization boosts trade and investment, fostering growth, but exposes states to crises like the 2008 financial meltdown, which had global repercussions.
3. Multinational Corporations: These entities hold significant cross-border influence, often challenging the regulatory powers of individual nations.
4. Cultural Dynamics: While promoting cultural exchange, globalization risks eroding traditional identities through homogenization.
5. Information Technology: IT accelerates cultural globalization, reshaping national values, as seen in social media’s role in the Arab Spring.
6. Global Challenges: Global crises, like climate change and pandemics, require multilateral solutions, as illustrated by the COVID-19 pandemic.

Recent News

SC in its judgment on Article 370 has held that Jammu and Kashmir ceded its sovereignty to the Dominion of India “absolutely and completely”. It also held that the restraint on the Parliament to enact certain laws in Jammu and Kashmir was due to limitations on enacting laws on subjects in the State List of the Indian Constitution.

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Socialism

It is a governmental system that advocates community ownership and control of all lands and businesses rather than individual ownership. The word ‘Socialist’, added in the Preamble by 42nd Amendment Act, 1976 aims to eliminate inequality in income, status and standard of living.

Types of socialism

1. Revolutionary Socialism: Advocates rapid societal transformation through revolution rather than gradual reforms.
2. Democratic Socialism: Promotes socialism through democratic means, with a mixed economy model. Eg: Nordic countries (Sweden, Norway).
3. Scientific Socialism: Marx and Engels’ theory that capitalism will give way to socialism via proletarian revolution.
4. Anarcho-Syndicalism: Calls for direct action by labor unions to establish a stateless, socialist society. Eg: Spanish Revolution (1936-1939).
5. Market Socialism: Combines markets with socially owned production, like worker cooperatives. Eg: Yugoslavia under Tito.
6. Ecological Socialism: Integrates environmentalism into socialism, focusing on sustainable development. Eg: Global Green Party movements.
7. Reformist Socialism: Seeks change through democratic reforms rather than revolutionary means.

Indian Socialism

1. 42nd Amendment, 1976: The term “Socialist” was added, but the Directive Principles of State Policy (DPSPs) already reflected socialist ideals.
2. Nehruvian Socialism: Indian socialism emphasized state-led industrialization, central planning, and public sector control of key industries.
3. Five-Year Plans: Inspired by socialist planning, these plans promoted industrialization and economic development through significant state intervention.
4. Public Sector Dominance: The government controlled key industries like steel and mining through public enterprises.
5. Land Reforms: Socialist principles drove land distribution efforts to address rural inequality.
6. Mixed Economy: The public sector dominated strategic industries, while the private sector operated in various other areas.
7. Gandhian Socialism – 
   • For Gandhi, socialism meant equality, where all—prince, peasant, wealthy, poor, employer, and employee—are equal.
   • Marxist vs Gandhian Socialism: While Marxist socialism advocates collective ownership and abolishing private property, Gandhian socialism emphasizes self-reliance, cottage industries, and rural revitalization.
   • Article 40: Promotes village panchayats to handle local administration, in line with Gandhian ideals.
   • Article 43: Encourages the promotion of cottage industries in rural areas. Eg: Khadi and Village Industries Commission (KVIC).
   • Article 43(B): Supports the voluntary formation and democratic control of cooperative societies (97th CAA, 2011).
   • Social Justice and Welfare: Articles 15, 16, and 46 uphold social justice, preventing discrimination and supporting marginalized sections, reflecting Gandhian Sarvodaya ideals.

Significance of socialism

1. Inclusive Development: Policies like reservations and Public Sector Enterprises uplift marginalized groups and drive industrialization.
2. Land Reforms: Abolition of intermediaries and land ceilings aimed at equitable land distribution and promoting rural equality.
3. Welfare Programs: Programs like MGNREGA and PDS provide social security; MGNREGA reduced poverty by up to 32%.
4. Panchayati Raj Institutions: Empower communities and promote grassroots democracy. Eg: Kerala’s decentralized planning model.
5. Mixed Economy: Post-LPG, private enterprises play a role, but public entities like Indian Railways and LIC remain integral.
6. Affordable Healthcare: NHM and Ayushman Bharat provide affordable healthcare, reflecting socialist goals of welfare.
7. Education for All: The RTE Act ensures free, compulsory education for children aged 6 to 14, promoting equal opportunities.
8. Workers’ Rights: Laws like the Minimum Wages Act and Factories Act ensure justice for workers.
9. Poverty Alleviation: Programs like PMAY and NRLM aim to reduce poverty and enhance vulnerable populations’ well-being.

Challenges to socialism in India

1. Economic Liberalization: Post-1991 reforms reduced public sector share from 35% in 1991 to 22% in 2020, shifting towards a market-driven economy.
2. Inefficient Public Sector: Air India incurred losses of over ₹70,000 crore by 2020, highlighting inefficiencies in state enterprises.
3. Wealth Inequality: As per Oxfam’s 2022 report, the top 1% in India held over 40.5% of the country’s total wealth, exacerbating inequality.
4. Land Reform Implementation: By 2013, land reforms redistributed only 4% of India’s total agricultural land, leaving large tracts in the hands of landlords.
5. Privatization Trends: The government’s target for FY 2022-23 was to raise ₹65,000 crore through privatization, further reducing public ownership.
6. Corruption in Welfare: Reports showed that 48% of MGNREGA funds were delayed in 2018, with inefficiencies affecting scheme execution.
7. Globalization Pressures: WTO obligations limited India’s agricultural subsidies under the Agreement on Agriculture, restricting state control.
8. Cultural and Political Resistance: Opposition to farm laws in 2020 reflected resistance to reduced state intervention in agriculture, a key socialist sector.

SC judgments on Socialism

1. D.S. Nakara v. Union of India (1983): Expanded pension schemes, promoting social justice for retired government employees.
2. Olga Tellis v. Bombay Municipal Corporation (1985): Recognized livelihood as part of the right to life under Article 21, underscoring the state’s role in ensuring social justice.
3. Bandhua Mukti Morcha v. Union of India (1984): Upheld the right to dignity and fair wages as Fundamental Rights, emphasizing the state’s obligation to eliminate practices that conflict with socialist ideals of justice and equality.
4. Minerva Mills v. Union of India (1980): Reaffirmed socialism as promoting economic equality and welfare state principles.
5. Ashoka Kumar Thakur v. Union of India (2008): Upheld reservations as a tool for social justice, supporting equality for marginalized groups.
6. Excel Wear v. Union of India (1979): Balanced socialism with individual rights, ruling that socialism should not undermine the right to conduct business.
7. J.K. Industries v. Union of India (2007): Emphasized state intervention to protect workers’ rights, reflecting socialist labor welfare principles.

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Secularism

Secularism is a principle or ideology that advocates for the separation of religious institutions and beliefs from the affairs of the state, government, or public institutions. 

According to Akeel Bilgrami, Secularism consists of three commitments

1. Freedom of religious belief and practice, 
2. Principles enshrined in the constitution such as equality, freedom of speech, gender equality 
3. Meta-commitment, which says if there is a clash between the first and second commitments, the second commitment must get priority

Secularism under the Indian constitution

1. Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth, ensuring equal treatment by the state.
2. Article 16: Guarantees equality of opportunity in public employment, prohibiting discrimination on various grounds.
3. Articles 25-28: Ensures freedom of religion, allowing individuals to practice and propagate their religion, subject to public order.
4. Article 28: Protects the rights of minorities to establish and manage educational institutions.
5. Articles 29 & 30: Provide cultural and educational rights to protect minority interests.
6. Article 44: Promotes the idea of a Uniform Civil Code to establish common laws for all citizens.
7. Article 51A: Fundamental duty to promote harmony, preserve cultural heritage, and foster brotherhood.

Significance of secularism

1. Religious Pluralism: Secularism maintains social harmony, allowing diverse religious groups to coexist peacefully. Eg: India’s celebration of multiple religious festivals, like Diwali, Eid, and Christmas.
2. Protection of Individual Rights: Secularism protects the right to practice any religion or none without discrimination. Eg: Article 25 guarantees freedom of religion.
3. Constitutional Framework: Secularism is embedded in the Preamble, with Articles 15, 25-28 ensuring religious freedom and equality.
4. Equality and Inclusion: It prevents religious favoritism, promoting an inclusive society. Eg: The government’s neutrality in issues like temple and mosque disputes.
5. Protection of Minority Rights: Secularism protects minority rights to establish institutions, as per Articles 29 and 30. Eg: Christian and Muslim minority schools.
6. Prevention of Religious Discrimination: It separates religion from state power, discouraging the imposition of religious beliefs. 
7. Promotion of Rational Governance: Policies are based on rationality, not religious beliefs. Eg: Legislation on education, like the Right to Education Act, applies uniformly across communities.
8. Political Inclusivity: Secularism discourages religion-based political mobilization, promoting broad-based leadership. 
9. Safeguard Against Religious Conflict: Secularism acts as a safeguard against communal violence by ensuring the state remains neutral in religious matters.

Western vs Indian secularism

Western secularism	Indian secularism
Implies a clear and distinct division between religious institutions and governmental affairs. Eg- the French laïcité model bans religious symbols in public institutions.	Represents the positive notion of secularism, wherein equal reverence is accorded to all religious beliefs.
Evolved during the European Renaissance as a response to widespread corruption in the Church and undue interference in state matters.	It originated in the ancient Vedic era and is grounded on religious pluralism (Sarva Dharma Samabhav and Dharma Nirapekshata.)
Equal distance model – religion is generally seen as a private matter, and the state aims to maintain equal distance from all religious institutions.	Principled distance model – Recognizes religion’s societal role, accommodating diverse beliefs with state support and promoting religious pluralism and coexistence.
Individual rights take precedence in Western secularism.	Extends beyond individual rights to also address the concerns and rights of religious and cultural minority communities.
It does not accommodate the notion of state-sponsored religious reform.	It is in harmony with the concept of state-sponsored religious reform. Eg- Article 17, Triple Talaq Ban

Criticism of and Threats to Indian Secularism

1. Selective Secularism: Rising religious nationalism and incidents like mob lynching have heightened communal tensions, showing state favoritism.
2. Minority Appeasement: Parties have been accused of targeting specific religious groups for electoral gains, raising concerns about vote-bank politics. Eg: Promises of religious quotas during elections.
3. Religious Intervention in State Matters: Government control over Hindu temples in some states has sparked debates over the state’s role in religious affairs.
4. Lack of Uniform Civil Code: Personal laws based on religion contribute to legal inequalities, hindering a uniform legal framework.
5. Rise of Communal Tensions: Inadequate state action against communal conflicts questions the success of secularism in fostering religious harmony.
6. Inadequate Protection of Free Speech: Secularism has been criticized for limiting free speech, especially in cases of religious criticism or satire.
7. Ineffectiveness in Addressing Social Issues: Indian secularism has struggled to address caste discrimination, despite its commitment to social justice.
8. Need for Reinterpretation: There is a call to realign secularism with contemporary challenges, ensuring fairer application across all religious communities.

Scholar views

1. Rajeev Bhargava: Critiqued “principled distance,” arguing it may not adequately address India’s complex religious diversity. He advocates for a more nuanced, context-specific approach.
2. Martha Nussbaum: Criticizes secularism’s failure to fully address gender justice, calling for stronger protection of women’s rights in religious communities.
3. Asghar Ali Engineer: Advocates interfaith dialogue and criticizes secularism’s failure to tackle socio-economic disparities among religious minorities, calling for inclusive policies.

SC judgments related to secularism

1. S.R. Bommai v. Union of India (1994): The Court held that secularism is a basic feature of the Constitution, asserting that the state must remain neutral and not favor any religion.
2. Aruna Roy v. Union of India (2002): The Court upheld the inclusion of value-based education, stating it does not infringe on the secular nature of the Constitution, as long as it does not promote any particular religion.
3. M.P. Gopalakrishnan Nair v. State of Kerala (2005): The Court emphasized that no religious instruction shall be provided in government-aided schools, protecting secularism in education.
4. Kesavananda Bharati v. State of Kerala – the Supreme Court of India held that secularism is a part of the basic structure of the Constitution.
5. Ahmedabad St. Xavier’s College v. State of Gujarat – the Supreme Court held that secularism neither means anti-God nor pro-God. Secularism, therefore, eliminates the concept of God in matters of the state.

Way forward

1. Strengthen Constitutional Safeguards: Ensure strict adherence to Articles 15, 25-28, and 44 to promote religious equality and protection of individual rights.
2. Uniform Civil Code (UCC): Gradually implement the UCC to eliminate disparities in personal laws and promote a common legal framework, ensuring equal treatment across communities.
3. Promote Interfaith Dialogue: Encourage platforms for interfaith dialogue to foster mutual understanding and reduce religious tensions.
4. Improve Education on Secularism: Integrate secularism into school curricula to instill the values of equality, tolerance, and respect for all religions from a young age.
5. Curtail Communal Politics: Enforce strict laws against using religion in political mobilization and electoral campaigns to prevent communal divisions.
6. Address Socio-Economic Disparities: Focus on socio-economic development of religious minorities to reduce inequalities and foster an inclusive, secular society.
7. Media Responsibility: Promote responsible media reporting that avoids sensationalizing religious issues and encourages balanced, respectful coverage of religious matters.
8. Strict Action Against Hate Crimes: Implement stringent laws to address communal violence, mob lynching, and hate crimes that threaten secularism.
9. Promote Secular Public Spaces: Encourage cultural events, public platforms, and policies that celebrate India’s religious diversity while upholding secular values.

Quotes

1. Shashi Tharoor: “Indian secularism has always been the idea of India. This idea of India is that it is not just a country; it’s an idea, a pluralistic idea.”
2. Maulana Abul Kalam Azad: Secularism is not confined merely to political democracy but goes much beyond that. It is a political, social and cultural process.”

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Democracy

Democracy is a system of government in which power is vested in the hands of the people, either directly or through elected representatives. The word democracy comes from the Greek words “demos”, meaning people, and “kratos” meaning power; so democracy can be thought of as “power of the people“: a way of governing which depends on the will of the people.

Types of democracy

1. Direct democracy : When people directly express their will or vote on matters of public interest, the type of government is known as direct democracy. Ex. Switzerland 
2. Indirect democracy : When people express their will on matters of public interest through their elected representatives, the type of government is known as indirect or representative democracy. Ex. India

Democracy under the Indian constitution

1. Preamble: Declares India as a democratic republic, where ultimate power resides with the people.
2. Article 75: Establishes a parliamentary democracy where the executive is accountable to the legislature for its actions.
3. Universal Adult Franchise (Article 326): Ensures all adult citizens have the right to vote, reinforcing democratic participation.
4. Periodic Elections (Articles 170, 172, 174): Mandates regular elections to uphold democracy.
5. Rule of Law (Article 14): Ensures equality before the law, a cornerstone of democratic governance.
6. Fundamental Rights (Articles 14-32): Guarantee essential rights like equality, free speech, and personal liberty, necessary for democratic functioning.
7. Social and economic democracy – 
   • Article 38 (DPSPs): Secures a social order promoting welfare and aims to reduce income inequalities, supporting social and economic democracy.
   • Right to Equality (Articles 14-18): Guarantees equality before the law, prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth.
   • Reservation Policies (Articles 15(4) and 16(4)): Provide reservations in education and employment for backward classes, promoting social justice and representation.
   • Right to Work (Article 41): Directs the state to ensure the right to work, education, and assistance, offering economic security.
   • Protection against Exploitation (Articles 23 & 24): Prohibit forced and child labor, safeguarding citizens from exploitation.

Need For Democracy

1. Instrumental Value (Amartya Sen): Democratic governance is essential for achieving societal goals like economic development, social justice, and individual freedoms. Sen’s capability approach stresses the role of political rights in enabling individuals to lead fulfilling lives.
2. Inclusivity: Democracy ensures diverse voices are heard, as seen in the PESA Act and the 5th and 6th Schedules, which represent tribal communities.
3. Accountability: Regular elections hold representatives accountable, as demonstrated by the change in government post-Emergency.
4. Protection of Rights: Democracy safeguards the rights of minorities, women, and marginalized groups, contributing to social equity.
5. Stability and Peace: It encourages open debate, fostering reasoned collective decisions, not coercion.
6. Course Corrections: Democracy allows for rectification of past mistakes, exemplified by the Prime Minister’s apology to the Sikh community for 1980s atrocities.
7. Economic Development: Rule of law and respect for property rights in democracies attract investment, promoting a stable economic environment.
8. Entitlements and Justice (Amartya Sen): In Development as Freedom, Sen argues that democracy ensures fair distribution of resources and opportunities.
9. International Standing: India, as the world’s largest democracy, influences global discourse on democratic values and governance.

Reasons behind the resilience of Indian Democracy

1. Strong Constitutional Framework: India’s federal system (Article 245) divides power between the center and states, fostering regional participation. The independent judiciary ensures the rule of law and protects fundamental rights (Part III).
2. Free and Fair Electoral Process: India’s elections are peaceful, with universal adult suffrage (Article 326). The Election Commission ensures fair elections, with advancements like VVPAT for transparency.
3. Independent Judiciary: Key judgments like Maneka Gandhi v. Union of India (1978) and Kesavananda Bharati v. State of Kerala (1973) safeguard rights and uphold the Constitution’s basic structure.
4. Peaceful Transfer of Power: India’s acceptance of electoral outcomes underscores the strength of democratic institutions.
5. Strong Institutional Framework: Bodies like the CAG and Election Commission act as checks on power. Eg: The CAG report on the 2G scam highlighted corruption.
6. Accommodation of Diversity: The rise of regional parties and new entrants like AAP shows the system’s adaptability to diverse political aspirations.
7. Vibrant Civil Society and Media: Organizations like ADR advocate for transparency and accountability in governance. Eg: ADR pushes for electoral reforms.
8. Resilient Democratic Culture: Movements like Chipko, Narmada Bachao Andolan, and Anna Hazare’s anti-corruption movement showcase citizens’ active role in shaping democratic processes.

Threats to Indian democracy

1. Political Threats:
   • Decline of Parliament: Disruptions, declining committee productivity, and reduced sitting days illustrate this trend. Eg: Lok Sabha sittings fell from 121 days annually (1952-70) to 56 days in 2022 (PRS report).
   • Authoritarianism: Authoritarian tendencies erode democratic principles like freedom of expression and the rule of law. Eg: Emergency in 1975 curtailed civil liberties and democratic processes.
   • Political Polarization: Divisive politics based on religion or caste deepens societal divisions and weakens trust in institutions. Eg: Delhi Riots in 2020 fueled religious polarization.
   • Dynastic Politics: Concentration of power in political families undermines meritocracy, limiting competition and accountability.
2. Economic Threats:
   • Widening Economic Inequality: Growing economic disparity undermines equal representation and access to power. Eg: Oxfam report shows the top 10% of Indians hold 77% of the national wealth.
   • Corruption: Corruption distorts democratic processes, eroding trust in institutions and fairness. Eg: Scandals like the 2G scam, Coal scam, and paper leaks highlight systemic issues.
   • Crony Capitalism: It enables the capture of state resources and policies for private gain, undermining democratic accountability and economic fairness.
3. Social Threats:
   • Communal Tensions and Violence: Religious or ethnic violence weakens social cohesion and governance by fostering polarization. Eg: Gujarat riots of 2002 intensified religious divisions.
   • Caste-based Discrimination: Persistent caste inequalities limit marginalized communities’ political participation, undermining equal representation. Eg: Una flogging incident in 2016 showcased deep-rooted caste bias.
   • Gender-based Discrimination: Gender inequality restricts women’s political participation. Eg: Only 15% of Lok Sabha and 13% of Rajya Sabha MPs are women.
   • Limited Awareness: Lack of awareness of democratic principles, especially in caste-based societies, risks undermining constitutional values. Eg: Karnataka MP’s statement on changing the Constitution highlights this concern.
4. Legal-Constitutional Threats:
   • Erosion of Institutions: Weakening key democratic institutions undermines the rule of law and governance. Eg: SC referred to CBI as a “caged parrot,” criticizing its lack of independence.
   • Executive Overreach: Increasing executive power through ordinances or emergency measures can disrupt checks and balances. Eg: Growing use of ordinances bypasses legislative scrutiny.
   • Misuse of Legal Mechanisms: Laws like sedition or defamation are sometimes misused to suppress dissent and curtail freedom of expression, undermining democratic rights.
5. Technological Threats:
   • Misinformation and Disinformation: The spread of false information on social media can distort public discourse and manipulate electoral outcomes, undermining trust in democratic institutions.
   • Digital Surveillance: Excessive surveillance by state or non-state actors infringes on privacy and suppresses free expression, creating a climate of fear and limiting democratic participation.
   • Cyberattacks: Targeting electoral systems or political actors disrupts democratic processes and undermines trust. Eg: Cyberattacks during the US 2016 elections compromised electoral integrity.

Way forward

1. Social Democracy: As Ambedkar emphasized, political democracy needs a foundation of social democracy. Addressing social inequalities and ensuring equal opportunities are essential for a lasting democratic system.
2. Electoral Reforms: Known as the “Mother of all Reforms,” electoral reforms are critical. This includes financing transparency, decriminalization of politics, and strengthening anti-defection laws.
3. Strengthen Democratic Institutions: Safeguarding the independence and integrity of institutions like the Election Commission and judiciary is vital to uphold democratic principles and the rule of law.
4. Enhancing Transparency: Promote transparency in government through measures like the Right to Information (RTI) Act, citizen charters, and social audits to ensure accountability and public oversight.
5. Civic Education: Empower citizens through civic education about their rights, responsibilities, and the functioning of democratic institutions. Encourage grassroots civic engagement and participation in democratic processes for a more vibrant democracy.

Scholar’s views :

1. “Political democracy cannot last unless there lies at the base of it social democracy.” – Ambedkar
2. “Democracy is not a form of government, but a form of social organization.” – Ambedkar
3. “In a democracy, the highest office is the office of the citizen.” – Tagore

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Republic

A republic is a form of government in which the head of state is elected, rather than being a hereditary monarch, and power rests with the people or their elected representatives. In a republic, sovereignty lies with the citizens, and governance is carried out according to a constitution or set of laws, ensuring the rule of law, equality, and protection of individual rights.

The different types of republics are as follows:

1. Democratic Republic: A republic where representatives are elected by the people, and the government is based on democratic principles. Eg: India, the United States.
2. Federal Republic: A federation of states or provinces with a division of powers between the central government and regional governments. Eg: Germany, Brazil.
3. Presidential Republic: The president is both the head of state and the head of government, with separate executive and legislative branches. Eg: United States, Argentina.
4. Islamic Republic: A republic governed by Islamic laws, often with elected officials but also influenced by religious leaders. Eg: Iran, Pakistan.
5. People’s Republic: Typically refers to socialist or communist republics where the state claims to represent the common people, often with centralized control. Eg: China, North Korea.
6. Unitary Republic: A republic where power is concentrated at the national level, with limited autonomy for regional governments. Eg: France, Indonesia.

Significance of republic

1. Sovereignty and Independence: The Constituent Assembly recognized the necessity of India being a sovereign and independent republic. As Nehru stated, India could not accept external or local monarchies and had to be a republic to reflect its sovereignty.
2. Vesting of Power in the People: A Republic empowers the people. Dr. P.K. Sen highlighted that all authority must derive from the people, making India a republic where ultimate power rests with its citizens.
3. Equality and Liberty: B.R. Ambedkar stressed the need for political democracy to align with social democracy, ensuring liberty, equality, and fraternity for all. A republic aims to secure these ideals for its citizens.
4. Unity and Integrity: S.V. Krishnamoorthy Rao emphasized the Republic’s role in fostering national integration across political, financial, economic, judicial, and defence systems, ensuring India’s unity and integrity.

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Justice

In the words of John Rawls, “Justice is the first virtue of social institutions, as truth is of systems of thought.”

According to Amartya Sen, Justice is not merely a matter of giving people what they are entitled to, but also a matter of treating people with the equal concern and respect they deserve.
The key elements of Justice include Fairness, equality, rights, impartiality and accountability.

Types of Justice

1. Distributive Justice: Focuses on ensuring all members of society receive a fair share of resources and benefits. Eg: Articles 38 and 39 of DPSP, which promote social and economic justice.
2. Procedural Justice: Ensures that decisions are made and implemented through fair processes, safeguarding fair treatment. Eg: Article 21, guaranteeing the ‘procedure established by law.’
3. Retributive Justice: Based on the principle of punishment proportionate to wrongdoing, aiming for justice through accountability. Eg: Indian Penal Code (IPC) and Criminal Procedure Code (CrPC).
4. Restorative Justice: Aims to heal victims, rehabilitate offenders, and repair harm caused to the community. Eg: Article 39A (Equal Justice and Free Legal Aid) and Article 32 (Right to Constitutional Remedies).

Dimensions of Justice

1. Political Justice: Ensures equal political participation and power distribution, allowing all to engage in voting and governance. Eg: Universal Adult Franchise under Article 326.
2. Economic Justice: Focuses on fair wealth distribution and access to resources like education and healthcare, addressing inequality. Eg: Progressive taxation, Articles 38 and 39 of DPSP.
3. Social Justice: Aims to address systemic disparities in wealth, race, gender, and other factors, promoting equality. Eg: Reservation policies under Articles 15 and 16.
4. Legal Justice: Ensures laws and policies align with human rights and democracy, providing access to justice and due process. Eg: NALSA (National Legal Services Authority) ensuring legal aid.
5. Gender Justice: Seeks to dismantle patriarchal norms and promote gender equality and empowerment. Eg: Vishakha Guidelines to prevent workplace harassment (SC judgment).
6. Environmental Justice: Promotes fair treatment in the enforcement of environmental laws, ensuring the right to a clean environment. Eg: M.C. Mehta case (SC) recognizing the right to a clean environment under Article 21.
7. Global Justice: Focuses on fairness in global resource distribution and addressing international issues like poverty and climate change. Eg: Common but Differentiated Responsibilities (CBDR) under UNFCCC.

Principles of Justice under the Indian constitution

1. Equality and Non-Discrimination:
   • Article 14: Equality before Law – This guarantees equal protection of laws for all citizens.
   • Article 15: Prohibition of Discrimination on grounds of Religion, Race, Caste, Sex or Place of Birth – This prohibits discrimination against individuals based on these factors.
   • Article 16: Equality of opportunity in matters of public employment – This ensures equal opportunity for government jobs regardless of caste, religion, etc.
   • Article 17: Abolition of Untouchability – This abolished the practice of untouchability, a historical social evil.
2. Right to Life and Personal Liberty (Article 21) encompasses various aspects of justice, including the right to dignity, privacy, and fair trial. It ensures that individuals are protected from arbitrary deprivation of life or liberty and have access to justice and due process.
3. Fair Legal Process:
   • Article 21: Protection of Life and Personal Liberty – This guarantees a fair trial and due process before a person is deprived of life or liberty.
   • Article 22: Protection in case of Arrest and Detention – This lays down specific procedures to be followed in case of arrest and detention.
4. DPSP (Part IV): Guides the state to promote social, economic, and political justice, focusing on equitable resource distribution and protection of marginalized groups.
5. Independent Judiciary: Ensures impartial adjudication, protects fundamental rights, and upholds the rule of law, acting as a check on government power.

Achievements of India in Securing Justice

1. Political Justice: Expanding Fundamental Rights, 61st Amendment reducing voting age to 18, electoral reforms (EVM, VVPAT), women reservation, and RTI Act promoting transparency.
2. Economic Justice: Programs like NRLM and MGNREGA enhance financial inclusion and empowerment, with 415 million people lifted out of poverty (2005-2021, Global MPI).
3. Social Justice: Land reforms, SC/ST (Prevention of Atrocities) Act, reservation policies, and welfare schemes like MGNREGA, NSAP, and Atal Pension Yojana reduce historical injustices.
4. Landmark Legal Reforms: RTI Act (2005) promotes transparency; Sexual Harassment Act (2013) addresses workplace gender discrimination.
5. Judicial Activism: Vishakha v. State of Rajasthan (1997) on workplace harassment and NALSA v. Union of India (2014) on transgender rights expanded justice for marginalized groups.
6. Access to Legal Aid: NALSA and SLSAs ensure free legal aid. SC in P. Shivakoti Reddy v. State of Andhra Pradesh (1993) mandated legal aid for death row convicts.

Role of Judiciary

1. Guardian of the Constitution: The judiciary interprets the Constitution (Article 123) and ensures that legislative and executive actions align with its provisions.
2. Protector of Fundamental Rights: Through judicial review, courts can nullify unconstitutional laws. Eg: Kesavananda Bharati v. State of Kerala (1973) established the basic structure doctrine.
3. Upholding the Rule of Law: The judiciary enforces equality before the law (Article 14), preventing government arbitrariness. Eg: Indra Sawhney case limited reservations to 50%, ensuring equality.
4. Promoting Social Justice: The judiciary promotes affirmative action and eradicates social evils. Eg: Dhanabati Devi v. Sham Lal Mehta (2005) recognized women’s right to equality in property laws.
5. Use of PIL: Public interest litigation (PIL) enables social justice reforms. Eg: Hussainara Khatoon v. State of Bihar (1979) led to the release of undertrial prisoners.

Challenges

1. Judicial Delays: Over 47 million cases are pending across Indian courts as of 2023, causing significant delays in justice.
2. Access to Legal Aid: Despite NALSA, only 15% of eligible people are aware of free legal aid services, limiting access for marginalized groups.
3. Corruption: The VYAPAM Scam in Madhya Pradesh highlighted corruption’s role in weakening public trust in the justice system.
4. Inequality and Discrimination: The Una flogging incident (2016) exemplifies how caste-based violence continues to obstruct justice for marginalized communities.
5. Political Interference: The controversy over judicial appointments in the NJAC case (2015) reflected political attempts to influence the judiciary.
6. Legal Literacy: Only 36% of rural citizens are aware of their fundamental rights, limiting effective legal participation.
7. Costs of Litigation: Legal expenses for average cases can exceed ₹1 lakh, making justice inaccessible for the economically weaker sections.
8. Police Reforms: Custodial deaths like in the Sathankulam case (2020) show the urgent need for police accountability and reform.

Way Forward

1. Judicial Reforms: Malimath Committee (2003) Recommended reforms to speed up the justice delivery system, including setting up more fast-track courts and using technology to reduce case backlog.
2. Enhancing Legal Aid Awareness: National Legal Services Authority (NALSA) Action Plan (2010), suggested public awareness campaigns, especially in rural areas, to inform citizens about free legal aid services.
3. Anti-Corruption Measures: Second Administrative Reforms Commission (ARC) (2007), recommended creating an independent National Judicial Council to ensure accountability within the judiciary.
4. Tackling Inequality: Sachar Committee (2006), recommended special legal aid cells and fast-track courts for marginalized communities, especially minorities, to ensure timely justice.
5. Judicial Independence: Law Commission of India (214th Report, 2008), called for transparency in the judicial appointment process and the establishment of an independent body to recommend appointments to maintain judicial independence.
6. Legal Literacy Programs: National Knowledge Commission (2007): Proposed strengthening legal literacy programs in schools and local communities to empower citizens about their rights and legal processes.
7. Police Reforms:
   • Prakash Singh Committee (2006): Recommended reforms like establishing State Police Complaints Authorities and police accountability mechanisms to address custodial violence.
   • Sorabjee Committee on Police Act (2006): Proposed creating an independent oversight body to investigate police misconduct and custodial deaths.
8. Reduce Litigation Costs:
   • Arrears Committee (1989): Suggested the promotion of Lok Adalats and other ADR mechanisms to reduce the financial burden of litigation on citizens.
   • N. R. Madhava Menon Committee (2012): Focused on reducing costs through ADR, mediation, and making justice more affordable.

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Liberty

Liberty is the state of being free within society from oppressive restrictions imposed by authority on one’s way of life, behavior, or political views.  The name “liberty” comes from the Latin word “Liber,” which  means “free from all shackles.” 

Liberty in the sense of total freedom from all limitations is not conceivable. Such liberty is not possible. The fundamental liberty principle is that law is the condition of liberty.

Types

1. Positive liberty : It refers to the freedom to pursue one’s goals, aspirations, and self-realization, rather than merely being free from external constraints or interference. It emphasizes the presence of opportunities, resources, and conditions that enable individuals to lead fulfilling lives and achieve their potential.
   • Key Aspects
     • Empowerment
     • Self-realization
     • Social Justice
     • Community and Collective Action
     • Democratic Participation
2. Negative liberty : It refers to freedom from interference, coercion, or constraints imposed by others. It emphasizes the absence of external obstacles that limit individuals’ ability to act according to their will or preferences.
   • Key Aspects
     • Freedom from Interference
     • Non-interference Principle
     • Individual Autonomy
     • Rule of Law
     • Limited Government

Principles of Liberty under the Indian constitution

1. Negative Liberty: Involves freedoms like speech, expression, assembly, and occupation, protected by the Constitution.
2. Positive Liberty: Promoted through affirmative action, social welfare, and education, enabling individuals to realize their full potential.
3. Right to Life and Personal Liberty (Article 21): Protects the right to life and personal liberty, ensuring no one can be deprived of life or liberty except by lawful procedure.
4. Right to Privacy: Recognized as part of Article 21, ensuring individuals’ autonomy and protecting personal information from unauthorized intrusion.
5. Right to Freedom of Religion (Articles 25-28): Ensures religious liberty, allowing individuals to practice, profess, and propagate their faith without state interference.
6. Right to Education (Article 21A): Ensures free and compulsory education for children aged 6 to 14, enabling the liberty of opportunity and empowerment through education.

Threats to liberty in India

1. Judicial Delays: As of 2023, over 47 million cases are pending across Indian courts, delaying justice and often leading to prolonged pre-trial detention for individuals
2. Arbitrary Detention: The misuse of preventive detention laws like the National Security Act (NSA) can lead to arbitrary detentions.
3. Censorship: In 2021, 97% of internet shutdowns globally were recorded in India, limiting freedom of expression and access to information. The use of sedition law (Section 124A of IPC) has also increased, with over 70 cases filed in 2020 alone.
4. Surveillance: The Pegasus spyware scandal in 2021 highlighted the misuse of surveillance on journalists, activists, and politicians, raising concerns about privacy and freedom.
5. Misuse of Laws: The Unlawful Activities (Prevention) Act (UAPA) saw a rise in cases from 897 in 2016 to over 1,226 in 2019, with low conviction rates, leading to criticism for suppressing dissent.
6. Custodial Violence: In 2020, the custodial deaths of Jeyaraj and Bennix in Tamil Nadu highlighted the ongoing issue of police brutality and the violation of personal liberty.

Role Of judiciary

Positive

1. Maneka Gandhi v. Union of India (1978): Expanded the scope of personal liberty under Article 21, ruling that the “procedure established by law” must be fair, just, and reasonable.
2. Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, holding that liberty is a fundamental feature beyond Parliament’s amending power.
3. PUCL v. Union of India (2003): Affirmed that the right to personal liberty includes the right to legal aid and access to justice.
4. Justice K.S. Puttaswamy v. Union of India (2017): Recognized the right to privacy as a fundamental right under Article 21.
5. Aadhaar Judgment (2018): Held that certain provisions of the Aadhaar Act violated the right to privacy, which is intrinsic to personal liberty under Article 21.
6. Navtej Singh Johar v. Union of India (2018): Decriminalized consensual same-sex relations, affirming the right to sexual autonomy and personal liberty.
7. Sunil Batra v. Delhi Administration: Declared the use of handcuffs on prisoners as unconstitutional, reflecting the need for humane treatment.
8. Mohini Jain v. State of Karnataka (1992): Ruled that the right to life under Article 21 includes the right to education.
9. Subhash Kumar v. State of Bihar (1991): Held that the right to clean air is part of the right to life under Article 21.

Negative

1. A.K. Gopalan v. State of Madras (1950): Article 21 protected against arbitrary executive actions, but not legislative actions, allowing personal liberty to be curtailed by laws.
2. ADM Jabalpur v. Shivkant Shukla (1976): Held that during Emergency, the right to enforce fundamental rights, including personal liberty under Article 21, could be suspended.

Quotes

1. Gettell– “Liberty is the positive power of doing and enjoying those things which are worthy of enjoyment and work”.
2. Laski – “Without rights there cannot be liberty, because without rights, men are the subjects of law unrelated to the needs of personality”.

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Equality

Equality entails the absence of preferential treatment for any segment of society and the provision of sufficient opportunities to all individuals without discrimination.

The essence of rights lies in their equal enjoyment by all members of society. To ensure universal enjoyment of these rights, it is imperative to attain social and economic equality.

Dimensions of Equality

1. Procedural Equality: Ensures fairness in processes, treating everyone equally under the law. Eg: Article 14 – Equality Before Law (EBL) and Equal Protection of Laws (EPL).
2. Substantive Equality: Focuses on achieving fair outcomes by addressing systemic inequalities. Eg: Reservation Policy.

Types of equality :

1. Political Equality: Equal participation in the political process, including the right to vote and run for office.
2. Legal Equality: Equal application of laws and procedures for all individuals, regardless of status.
3. Social Equality: Equal respect and opportunities in social interactions, challenging hierarchies and stereotypes.
4. Economic Equality: Reducing income and wealth disparities through measures like progressive taxation and access to opportunities.
5. Gender Equality: Equal rights and opportunities for all genders, addressing issues like pay gaps and gender-based violence.
6. Racial Equality: Equal treatment and opportunities for all races and ethnicities, free from discrimination.

Principles of Equality under the Indian constitution

1. Civic Equality:
   • Article 14: Right to equality before law.
   • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
   • Article 16: Equality of opportunity in matters of public employment.
2. Political Equality:
   • Article 326: Universal adult suffrage.
   • Article 325: No person to be ineligible for inclusion in, or to claim to be included in, a special, electoral roll on grounds of religion, race, caste, or sex.
3. Socio-economic Equality:
   • Article 330 and 332: Reservation of seats for SC and ST in the House of the People.
   • Article 38 includes provisions for minimizing inequalities in income, status, facilities, and opportunities.
   • Article 39(d) directs the State to ensure equal justice and free legal aid.
   • Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
4. Gender Equality:
   • Article 15(1): Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
   • Article 15(3): Empowers the State to make special provisions for women and children.
   • Article 16: Equality of opportunity in matters of public employment.
   • Article 39(a): Equal pay for equal work for both men and women.
   • Article 42: Provision for just and humane conditions of work and maternity relief.

Achievements of India in Securing Equality

1. Reservation Policies: Around 21.1% of government jobs and educational seats are reserved for SCs and STs, promoting social inclusion (NSS data).
2. Gender Equality: Initiatives like Beti Bachao Beti Padhao, laws against gender violence, and increasing women’s political participation have improved India’s Gender Inequality Index (0.490 in 2021, ranked 122).
3. Legal Reforms: Laws like the Protection of Civil Rights Act (1955), SC/ST Prevention of Atrocities Act (1989), and Rights of Persons with Disabilities Act (2016) ensure equal treatment under the law.
4. Education: Programs like Sarva Shiksha Abhiyan and the Mid-Day Meal Scheme reduce educational disparities and promote equality.
5. Landmark Judgments: Cases like Kesavananda Bharati (1973) upheld constitutional equality, and Navtej Singh Johar (2018) decriminalized same-sex relations, advancing non-discrimination.

Role of Judiciary

1. Indra Sawhney v. Union of India (1993): The Supreme Court upheld reservations for disadvantaged groups but limited them to 50% to ensure equality for others. It also introduced the “creamy layer” concept for OBC reservations.
2. Vishaka v. State of Rajasthan (1997): The Court established guidelines to prevent sexual harassment in the workplace, protecting women’s equality in employment.
3. Navtej Singh Johar v. Union of India (2018): Decriminalized consensual same-sex relations, affirming the right to equality and non-discrimination based on sexual orientation.
4. Ram Krishna Dalmia case (1958): The Court laid down the “classification test,” allowing differential classification if it is based on intelligible differentia and has a rational nexus with the objective.

Challenges to equality

1. Caste-Based Discrimination: Despite legal protections, caste-based crimes remain high, with over 50,291 cases against Dalits in 2020 (NCRB), indicating political challenges in enforcing equality laws.
2. Economic Inequality: The top 1% of Indians control 40.5% of the nation’s wealth (Oxfam 2022), creating significant barriers to equitable economic opportunities.
3. Gender Inequality: Women’s workforce participation was only 25.1% in 2020 (World Bank), and gender-based violence remains high, hindering social equality.
4. Religious Discrimination: Muslims face educational and economic disadvantages, as highlighted by the Sachar Committee Report (2006).
5. Digital Divide: Only 38% of rural households have internet access (NSS 2017-18), limiting access to education and economic opportunities, especially during the pandemic.
6. Caste and Gender Laws: Despite laws like the SC/ST Act and laws against gender violence, enforcement gaps remain, leading to ongoing discrimination.
7. Regional Disparities: Regions like Bihar and Uttar Pradesh, with lower Human Development Index scores (Bihar: 0.574, Kerala: 0.779), face unequal development opportunities, affecting access to resources.
8. Limitations on Freedom of Speech and Expression – use of Sedition Laws, Online Censorship for Imprisonment of journalists, Banning of certain YouTube channels.
9. Unequal Access to Justice due to Case Backlog in Courts, Limited Legal Aid prevents financially disadvantaged individuals from effectively pursuing their rights in court.

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Fraternity

Fraternity is derived from the French term fraternité, which means brotherhood, friendship, community, and collaboration (Asthana 1992: 118). 
Dr. B.R. Ambedkar defined fraternity as “a sentiment of mutual brotherhood among all Indians—if Indians are considered as one people.” It is the principle that gives social life its unity and solidarity.” “Without fraternity, equality and liberty will be no more than a coat of paint. Without fraternity, liberty and equality could not become a natural flow of events.”

Key provisions on fraternity in the Indian Constitution:

1. Preamble: Promotes fraternity to ensure the dignity of individuals and the unity and integrity of the nation.
2. Fundamental Duties (Article 51A): Citizens are expected to promote harmony, brotherhood, and preserve India’s diverse heritage.
3. DPSP (Article 38 & 39A): Directs the state to ensure a just social order and equal access to justice, fostering fraternity.
4. Fundamental Rights (Part III): Promotes equality and prohibits discrimination, upholding dignity and social harmony.

Meaning and purpose of fraternity:

1. Preamble declares that fraternity assures two things- the dignity of individuals and promoting unity and integrity of the nation.
2. According to K.M.Munshi, the phrase “dignity of the individual” means that the Constitution not only assures material advancement and sustains a democratic system but also acknowledges that each individual’s personality is precious.
3. “National unity and integrity” refers to the psychological and geographical components of national integration.

Criticism of inclusion of fraternity in indian constitution by constitutional assembly member H.M. Seervai by arguing that:

1. Executive Competence: He argues that the executive is better suited to promote fraternity through actions, questioning the effectiveness of a constitutional mandate.
2. Vagueness of Fraternity: Seervai finds the concept too vague, making it less useful for interpreting constitutional provisions or guiding legal decisions.

Judicial response and the idea of fraternity

1. Shri Raghunathrao Ganpatrao v. Union of India: The Court rejected special privileges for former princes, citing fraternity as essential for national unity amid diverse societal divisions.
2. S.R. Bommai v. Union of India (1994): The Court emphasized the need for fraternity and secularism, ruling that any attempt to undermine the unity and integrity of India through communalism violates the constitutional promise of fraternity.
3. Indra Sawhney v. Union of India (1992): The Court recognized that reservations for backward classes should be balanced with the principles of fraternity, ensuring that societal harmony is maintained while promoting social justice.
4. Nandini Sundar v. State of Chhattisgarh (2011): The Court stressed that policies that lead to violence or division undermine the principle of fraternity, reiterating the importance of state actions fostering unity

Limits and Challenges to Fraternity in India’s Context

1. Caste-Based Divisions: Despite laws, crimes against Dalits remain high, with over 50,291 cases reported in 2020 (NCRB). Incidents like the Una flogging (2016) reflect deep-rooted caste divisions, hindering fraternity.
2. Religious Polarization: Communal riots, such as the Delhi riots (2020) and Gujarat riots (2002), exacerbate religious divides and fuel distrust between communities, undermining the spirit of fraternity.
3. Regionalism: Movements for regional autonomy, like the Assamese vs. Bengali identity conflict in Assam or Gorkhaland movement in West Bengal, often foster regionalism, creating divisions and challenging national unity.
4. Economic Inequality: The top 1% of Indians hold 40.5% of the nation’s wealth (Oxfam 2022). This widening gap between rich and poor leads to social alienation, making it difficult to promote fraternity.
5. Political Polarization: The 2019 Lok Sabha elections saw a rise in divisive rhetoric, with issues like CAA-NRC protests and political parties appealing to narrow identities, deepening social divisions.
6. Social Injustice: Gender-based violence remains rampant, with over 371,503 cases of crimes against women reported in 2020 (NCRB), illustrating persistent inequalities that challenge the spirit of fraternity.
7. Failure of Constitutional Morality: Incidents like mob lynchings related to cow vigilantism reflect the failure to uphold constitutional values, prioritizing narrow group interests over national unity.
8. Language and Cultural Barriers: Tensions, such as Tamil Nadu’s resistance to Hindi imposition, highlight how linguistic and cultural divides challenge the ideal of fraternity in India.

Suggestions to promote fraternity in India:

1. Strengthen Constitutional Morality through Judicial Oversight: Set up fast-track courts to handle cases related to hate crimes, such as mob lynchings. Eg: Implement recommendations of the Supreme Court in Tehseen Poonawalla (2018) to address lynchings and hate crimes.
2. Enhance Legal Enforcement:
   • Strengthen SC/ST Prevention of Atrocities Act (1989): Improve enforcement of this act by appointing more special courts and ensuring timely investigation of caste-based crimes.
   • Police Accountability: Implement police reforms based on the Prakash Singh case recommendations to ensure impartial handling of communal or caste-related violence.
3. Encourage Interfaith and Intercaste Dialogue:
   • Community Mediation Centers: Establish government-backed centers in sensitive regions to foster dialogue between different communities, modeled after the success of the Khudai Khidmatgar initiative.
   • Educational Programs: Include interfaith dialogue and caste reconciliation programs in the National Education Policy 2020 curriculum to promote harmony.
4. Language Accommodation through Multilingual Policies: Promote official multilingualism in public services, particularly in states that resist Hindi imposition. Eg: Implement the 1968 National Policy on Education’s three-language formula to promote linguistic harmony.
5. Promote Inclusive Economic Growth: Strengthen Political Accountability by Regulation of Hate Speech: Strictly enforce the Model Code of Conduct during elections and curb inflammatory political rhetoric, using recommendations from the Law Commission on regulating hate speech.