Concept of Dharma in Hindu Family Law
Concept of Dharma in Hindu Family Law
Concept of Dharma in Hindu Family Law
Structure
3.1 Introduction
Aims and Objectives
3.6 Conclusion
3.7 Summary
3.8 Terminal Questions
Suggested Readings
3.1 INTRODUCTION
Gandhi stated that ‘varna is the law of heredity. Varna is not a thing that is superimposed
on Hindus, but men who were trustees for their welfare discovered the law for them. It
is not a human invention, but an immutable law of nature- the statement of a tendency
that is ever present and at work like Newton’s law of gravitation. Just as the law of
gravitation existed even before it was discovered, so did the law of varna’ (M.K.Gandhi,
Hindu Dharma, 1950, p.365). Gandhi views the system based on Varna as a classification
of different systems of self-culture and as the best possible adjustment of social stability
and progress and not as an arrogant superiority. He views the Varna dharma as an aspect
that satisfies the religious, social and economic needs of a community and that which leads
to the spiritual perfection. He reiterates that ‘varna is no man-made institution but the law
of life universally governing the human family. Fulfillment of the law would make life
livable, would spread peace and content, end all clashes and conflicts, put an end to
starvation and pauperization, solve the problem of population, and even end disease and
suffering’ (SWMG, vol.6, p.477). The Varna system as we see it today is a distorted
version, of high and low gradations and is vastly different from its original meaning and
purpose. Gandhi views Varnashrama dharma as a ceaseless search for truth that would
lead to spiritual evolution. Varna system preaches not the bifurcation of society but
enables one to follow one’s designated role in society. This Unit enables the learner to
understand the origins of the concept of Varna, its significance in the Vedic and Post-
Vedic period, and its nuances. It also gives an account of Gandhi’s views on the subject.
Aims and Objectives
After studying this unit you should be able to understand
Varnashram dharma prevelant in India
Gandhian view of Varnashrama dharma
32 Gandhi’s Social Thought
defined, even though the exact demarcation of their functions, the regulations guiding their
inter-relations, and the extent of their flexibility may not be referred to in the main body
of the Rigvedic literature, which is avowedly of a liturgical nature.
The Mahabharata says that the Shudra can have no absolute property, because his wealth
can be appropriated by his master at will (ibid.) If the master of a Shudra has fallen into
distress, the latter shall be placed at the disposal of the poor master. The king is enjoined
to appoint only persons of the first three classes over villages and towns for their
protection.
The Sudras were not everywhere. In many parts of India, they had been rulers, and
slave-owners. The Buddhist literature speaks of Sudra kings. Even from the post-Vedic
literature, it will be seen that all Sudras were not slaves. Gautamadharma Sutra, for
instance, says that the Sudras could be merchants and exercise any trade or profession
they liked. They were not slaves as a caste. They became slaves only under circumstances
and conditions that made even the Brahmana a slave. The biggest slave owners on the
Malabar Coast were the Nairs or the Sudras. The severity index of Malabar slavery will
be seen from the fact that even after liberation, most of the Paraya and Pulaya slaves
preferred to stay with their masters in preference to and being taken to plantations to
slave under European planters. Though slavery was abolished there over a century ago,
even now descendants of the old slaves could be found living happily attached to the
descendants of their former masters. It is not due to their slave mentality; but it is due
to the advantages which they could still claim. The slaves there had never been menial
servants or household attendants of the masters. The untouchability and unapproachability
saved them from the horrors of the Negro slaves elsewhere. The slaves themselves were
not free from caste or jati restrictions among themselves. The Parayas, and the Pulayas,
for instance, had no social contact, intermarriage or inter-dining and between themselves,
they observed untouchability and unapproachability.
Facts being such, it is nothing short of absurdity to imagine that the Sudras were the
Dravidian slaves of the Aryans, and the degraded condition of the Sudras was due to
their Dravidian lineage. The Nairs of Malabar are as much Dravidians as the Parayas and
the Pulayas but they have always been masters and rulers. If the complexion of the
Parayas and Pulayas is darker than that of the Nairs or the Sudras, it is because that
the Paravas and the Pulayas like the Oraons and the Munaas of the north, lead an open-
air life, in a climate more humid than hot.
In the Santi-parva, Bhrigu makes the following statement:
“There is no difference of caste: this world, having been at first created by Brahma
entirely Brahmanic, became (afterwards) separated into castes in consequence of works.
Those twice-born men who were fond of sensual pleasure, fiery, irascible, prone to
violence, who had forsaken their duty and were red-limbed, fell into the condition of
Kshatriyas. Those twice-born who derived their livelihood from king, who were yellow,
who subsisted by agriculture and who neglected to practise their duties, entered into the
state of Vaisyas. Those twice-born who were addicted to mischief and falsehood, who
were covetous, who lived by all kinds of work, who were black and had fallen from
purity, sank into the condition of Sudras. Being separated from each other by these
works, the Brahmans became divided into different castes.”
This is different from what Manu has said. According to Manu-Smriti every one is born
a Sudra, action makes one a dvija, and knowledge of Brahma makes one a Brahmana.
According to both Manu and Bhrigu, the divisions into Brahmana, Kshatriya, Vaisya and
Sudra are not according to birth or heredity (The Laws of Manu, 1886, p.2). It is
according to one’s own action guided by his inclination. Just as one could have become
a carpenter or a blacksmith, one could have become a Brahmana or Kshatriya by choice.
Varnashram Dharma 35
LX8 + 1
Brahmana perimeter =
3
LX8 + 3
Kshatriya =
3
LX8 + 5
Sudra =
3
LX8 + 7
Vaisya =
3
where L = length.
Having forgotten the real significance of these formulae and classifications the orthodox
architects and the later day authors of the Silpasastras have been asserting that the
Brahmana Perimeter is to be used in the design of a Brahmana’s house and the Sudra
perimeter was for the Sudra’s house, and so on. If it were so, the dimensions of a
Brahmana’s house must be the smallest. Likewise if the colour qualification of the land
was exclusive the Brahmanas should live only on certain sea-coasts and desert regions,
while the rich black cotton growing tracts of central India should be exclusively for the
Sudras.
Manu represents the various castes as the result of mixed marriages between the four
original castes. According to him the four primitive castes, by intermarrying in every
possible way, gave rise to 16 mixed castes, which by continuing their intermarriages
produced the long list of the mixed castes.
The violation of caste rules may often create a new caste. Illegitimate or illegal sexual
relations may cause the nucleus of new caste formations; illegimate relation between a
Brahmana woman and a Sudra man may create a new caste. Dharmasastras as well as
the Arthasastras give many instances of such caste formations. In Kautilya’s Arthasastra
the following instances are given:
36 Gandhi’s Social Thought
New Caste
Brahman father and Vaisya mother Ambastha
Brahman father and Sudra mother Nishasha or Parasva
Kshatriya father and Sudra mother Ugra
Vaisya father and Sudra mother Sudra
Kshatriya father and Brahman mother Sum
Ugra father and Nishadha mother Kukkutaka
Nishadha father and Ugra mother Pulkasha
Ambastha father and Vaidekaka mother Vainya
Vaidekaka father and Ambastha mother Kusilava
Sudra father and Brahman mother Ayogava
Sudra father and Kshatriya mother Kshatta
Sudra father and Vaisya mother Chandala
Few of these castes are known now by these names. Evidently they have changed their
names or assumed new occupational names. A tendency to adopt occupational names will
be seen even in the Arthasastra; where it is stated that a Vainya, “becomes a Rathakara,
or chariot-maker, by profession ‘ members of this caste shall marry among themselves,
both in customs and avocations they shall follow their ancestors, they may either become
Sudras, if they are not born as Chandalas” (Kautiliya, 1976edn, p.165).
The mixed marriages such as these were once legitimate; the laws for disinheriting children
from such marriages were of later origin. Even the illegitimate sons known as Antaralas,
were to have equal divisions of inheritance in parity with legitimate sons. “In the case of
sons such as Suta, Magadha, Vratya and Rathakara, inheritance will go to the capable;
and the rest will depend upon him for sustenance. In the absence of the capable, all will
have equal shares”. But “partition of inheritance shall be made in accordance with the
customs prevalent in the country, caste, society (sangha), or the village of the inheritors”.
Most of these mixed castes are in reality the professions, trades, and guilds of a half-
civilised society. They did not wait for mixed marriages before they came into existence.
Professions, trades, and handicrafts had grown up without any reference to caste. Some
of their names were derived from towns and countries where certain professions were
held in particular estimation. Servants who waited on ladies were called Vaidehas, because
they came from Videha. In other cases the names of Manu’s castes were derived from
their occupations. The caste of musicians, for instance were called Venas from vina, the
lyre. Now it was evidently Manu’s object to bring these professional corporations in
connection with the old system of castes, assigning to each, according to its higher or
lower position, a more or less pure descent from the original castes, The Vaidyas, for
instance, or the physicians, evidently a respectable corporation, were represented as the
offspring of a Brahman father and a Vaisya mother, while the guild of the fishermen, or
Nishadas, were put down as the descendants of a Brahman father and a Sudra mother.
Thus a new system of caste came in of a purely professional character, though artificially
grafted on the rotten trunk of the ancient castes. This is the system which is still in force
in India, and which has exercised its influence on the state of Indian society for good and
evil.
Varnashram Dharma 37
It may be worth while to note here the difference between the ideas of Gandhi and
Dayananda with regard to Varna. Both claimed to champion the Varna in its Vedic sense
and both denounced the perversities of the caste system which is a degeneration of the
Varna. But, paradoxically enough, while the Brahmin Dayananda agreed that the determination
of Varna would be made in accordance with the criteria of Guna (qualities), Karma
(action), and Svabhava (psychological attainment or inherent nature), the western educated
Vaishya Gandhi was much more conservative and held that Varna would be determined
by heredity. While Dayananda quoted the Vedas in support of his view, Gandhi
interpreted the Gita word Srishtam (The Bhagavad Gita, IV, 13) as supporting the view
that the Varna is determined by birth.
3.6 CONCLUSION
Gandhi’s views regarding the Varna and the caste indicate his conservative historicism and
traditionalism. As a keen political leader, he knew very well that the foundations of long
accepted leadership especially in a tradition ridden country like India could lie only in the
social consensus of the majority of the people. Hence he could not afford to denounce
the principle of determination of one’s function by his birth. It is very true that he had
a flexible and resilient mind and had an infinite capacity to read new and even
revolutionary meanings into older concepts. Thus, when socialism became an emotion
stirring concept in Indian politics, Gandhi came out with the statement that the Varna
system was true socialism. He even stated that the Varna principle of functional
organisation would operate in the ideal society of Ramrajya. But while all the time, in his
later years, he was reading socialistic and functional notions into the traditional concept of
Varna, he could continue to adhere to the conservative and even reactionary doctrine that
an adult should follow the profession of his father because of psychological and other
environmental facilities. This latter notion of following one’s father’s profession has been
the deep foundation of the caste structure, as it has been conceived in the Brahmanical
Smritis and Shastras. Gandhi’s historicist conservatism is revealed in the view which he
held to the last that according to the law of Varna one has to earn his bread “by
following the ancestral calling.” It is clear that members of the backward and Scheduled
Castes would regard Gandhi’s view not only as a historicist apology but even reactionary.
Gandhi also seemed unaware of the contradiction involved in simultaneously bolstering up
the socialistic and the traditional interpretations of the Varna order.
There are indications that towards the end of his life, he said that in his ideal scheme of
Ramrajya there would be no place for a hierarchical structure based on castes and
classes. Gandhi also felt that as a result of marriages between caste Hindus and Harijans
“there will be only one caste, known by the beautiful name, Bhangi, that is to say, the
reformer or remover of all dirt” (Harijan 07-07-1946, p.212). He wrote: “Classless
society is the ideal, not merely to be aimed at but to be worked for and, in such society,
there is no room for classes or communities” (ibid., 17-02-1946, p.9). He began to
approve of and bless inter caste marriages (ibid., 04-03-1933, p.5). Perhaps it is correct
to state that Gandhi (at least towards the end of his life) accepted the concept of an
undifferentiated social structure. It appears that with the passage of time, Gandhi’s
historicist conservatism demonstrated in his defence not only of the ideal type of Varna,
but also to a certain extent, in the Hind Swaraj and other writings, of the caste in its
operative efficacy, slightly yielded place to some kind of radical social equalitarianism.
3.7 SUMMARY
Gandhi argued that castes are numerous and are man-made; they undergo constant
change. Similarly, Varnas are just four and not numerous. They do have sanction by the
Shastras [holy books]. Gandhi opined that this four-fold pattern exists everywhere but
people are not conscious of them. Rather this reflects on the following lines: one to impart
knowledge of God for the welfare of the world, another to protect the people against
manifold dangers, a third one to carry on the work of farming, etc., to sustain the
community and one class to work for these three classes. There is no feeling of high and
low to this division. Further, it is not understood as a great law of nature that leads to
the misunderstanding and misinterpretation of the concept. The changes are witnessed in
the changing patterns of the occupational choices of people. At present the significance of
40 Gandhi’s Social Thought
this varna system is on the wane, leading to destructive competition for gaining selfish
ends. Gandhi firmly opined that the law of nature was to follow the system and tread the
path of progress. He argued that the varna system in its pristine nature is pure and
necessary and without any distortions or discrimination. ‘This would be to the good of
India as well as the whole world’. (Harijanbandhu, 19 January, 1936, CWMG, Vol.LXII).
SUGGESTED READINGS
Bandyopodhayaya, Jayantanuja., Social and Political Thought of Gandhi, Allied Publishers,
Bombay, 1969.
Bhattacharya, Buddhadeva., Evolution of Political Thought of Gandhi, Calcutta Book
House, Calcutta, 1969.
Bose, N. K., Selections from Gandhi, Navajivan Publishing House, Ahmedabad, 1959.
Dhawan, Gopi Nath., The Political Philosophy of Mahatma Gandhi, Navajivan Publishing
House, Ahmedabad, 1962.
Gandhi, M.K., An Autobiography or The Story of My Experiments With Truth, Navajivan
Publishing House, Ahmedabad, 1927.
Gandhi, M. K., Removal of Untouchability, Navajivan Publishing House, Ahmedabad,
1959.
Ghurye, G. S., Caste and Race in Inda, Kegan Paul, London, 1932.
Harijan, A Journal of Applied Gandhism, 1933-1955, New York and London: Garland
Publishing Inc.), 1973
Hutton, J. J., Caste in India, Oxford University Press, Oxford, 1961.
Iyer, Raghavan N., The Moral and Political Thought of Mahatma Gandhi, Oxford
University Press, Delhi, 1973.
Kautilya, The Arthasastra, I. N. Rangarajan (ed.) Penguin Books Pvt. Ltd., New Delhi,
1976.
Mehta, Geeta S., Varna Vyavastha in Gandhian Thought, Gandhi Marg, Vol.27, no.2,
July-September, 2005, pp.157-164.
Muir, John., Mythical and Legendary Accounts of the Origin of Caste with an Enquiry
into its existence in the Vedic Age, Orient Publishers, New Delhi, 1976, Vol. I.
Pasricha, Seema., Caste Based Reservation in India, Deep and Deep Publications Pvt.
Ltd., New Delhi, 2006.
Tendulkar, D. G., Mahatma, Publications Division, Government of India, New Delhi,
1960, Vol. I.
The Laws of Manu, Buhler’s trans, in Sacred Books of the East (SBE) Clarendon Press,
Oxford, 1886.
Vasistha, Dharamasuta (Buhler’s trans, in Sacred Books of the East (SBE) Clarendon
Press, Oxford, 1882.
Young India, 1919-31, Navajivan Publishing House, Ahmedabad.