Skip to main content

Caste System

                          Caste System

Castes refer to as rigid social groups which are characterized by hereditary transmission of life style, occupation and life style. In Indian context, the word ‘caste’ is not an original word but now it is widely used both in english and in Indian languages. In India, the caste was determined or portrayed through the ‘varna’ and ‘jati’ system which dates back to the ancient times from where it was further transformed by various ruling elites in medieval, early-modern and modern India, especially the Mughal and the British Raj. In a nutshell, whatever the word is be it caste or varna or jati, the meaning is same that is it differentiates among individuals on the basis of race, lineage and breed.

In India, it takes a very stringent form when it comes to caste or varna or jati system because this is something which is inculcated in people by birth. Since it is in the lives of people from the very beginning, they are not able to differentiate between right or wrong and the ones who are able to differentiate do not want to go against the society or sometimes their own family members. They fear that they will be secluded and left alone to fight for the cause which has been initiated and even sometimes forced to back off from that by the loved and dear ones.

But more or less situation and circumstances are changing day by day. Now, people do understand that it is a very wrong concept and should not be entertained in any manner. Not only has it brought social inequality but also economic inequality which is proved to be dangerous for a country’s development. It holds back people and their potential which can be very fruitful for a nation’s development because there people are judged on the basis of their caste not their skills. If they belong to upper caste then they are promoted and given a job and if they belong to lower caste then they are simply rejected on the basis of their jaat. But like other things, this has also been changed. Now, in the corporate sector people get jobs on the basis of their merit and skills and not on their ‘jaat’. 

Apart from the people, government of this country also realized this and now they want to build this social gap. They want that now no more people should be secluded based on their ‘jaat’. Although politicization has taken place on the basis of that like requesting vote from a particular caste and giving them the perks, but still there are so much reforms which has taken place socially by the individuals to get rid of that. Some of them are: Basava, Jyotirao Phule, Vivekananda, Mahatma Gandhi, B. R. Ambedkar and KK Sarachandra Bose. They are the people who actively took part to eradicate this generations-old custom of varna and jati system. Their common thought that it not only differentiates between individuals on the basis of something which is not controlled by them but also take it forward and deny them their rights. The right which every human being has in order to live peacefully. It distraught them to the very core.

Therefore, in this regard reservation system was also introduced so that the lower caste people or backward class people are given an opportunity to succeed in life and make a better living and place for themselves. Now, they should not made to feel bad about their caste or jaati.


Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree