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PAPER II
POLITICAL SCIENCE II
1)(a)What are the features of Parliamentary form of Government?
Features of Parliamentary Government
The Indian Constitution establishes a parliamentary form of government at
both the national and state levels. Articles 74 and 75 deal with the
parliamentary system at the Centre, while Articles 163 and 164 deal with
state governments.
The parliamentary system of government holds the executive accountable
to the legislature for its policies and actions.
Parliamentary government, also known as cabinet government, responsible
government, or the Westminster model of government, is popular in the
United Kingdom, Japan, Canada, and India.
• Nominal and Real Executives: The President is the nominal executive
(also known as the de jure or titular executive), whereas the Prime
Minister is the real executive (de facto executive). As a result, the
President is the President of the State, whereas the Prime Minister is the
Prime Minister of the Government.
• Double Membership: The Prime Minister and the Council of
Ministers serve as the executive, while the Parliament serves as the
legislature. Members of parliament elect the Prime Minister and
ministers, meaning that the executive comes from the legislative.
• Collective Responsibility: The executive has a collective
responsibility to the legislative. There is a collective responsibility,
which means that each minister's responsibilities are shared by the
entire Council.
• Secrecy of procedure: A requirement of this type of administration is
that cabinet proceedings be kept secret and not made public.
• Prime Ministerial Leadership: The Prime Minister is in charge of this
system of administration.
• Majority Party Rule: The Prime Minister is usually appointed by the
leader of the party that obtains a majority in the lower chamber.
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state and leader of the the state and the head of the
government are different. government is the same.
Belong to the ruling party and
Can be chosen from outside the
are Members of Parliament.
Ministers legislature, and are usually
Generally, no outsider is
industry experts.
allowed to become a minister.
Executive accountable to Executive not accountable to
Accountability
Legislature Legislature
Dissolution of The Prime Minister is able to The President cannot dissolve
the lower house dissolve the lower house. the lower house.
Prime Minister’s tenure depends
Tenure upon majority support in the Fixed tenure for President.
Parliament. Thus, it is not fixed.
Separation of No clear-cut separation of The principle of Separation of
Powers power. powers is strictly followed.
Party Party discipline is
Stronger party discipline
Discipline comparatively less
Autocracy Less autocratic More autocratic.
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Written Constitution:
• In order to make the distribution clear and permanent it must be
reduced to writing and must be made amenable to amendments and
changes by observing the procedure laid down in the Constitution itself.
• Left to unwritten conventions or understanding it would create fluidity
which in turn would generate uncertainty leading to dissatisfaction
among the constituent units.
Supremacy of the Constitution:
• The constitution is regarded as a higher law that is there for the Union
and States to obey and honour.
• None of the Units has the authority to override or disregard the
Constitution.
• In some cases the Union may have overriding powers but not in
relation to the divisions of power.
• Federal Constitutions guard attentively the distribution of powers and
do not tolerate encroachments.
• Just as Public Corporations derive their powers from the Act creating
them the two sets of Government owe their power to the Constitution
and are in a way controlled by it and function within the limits marked
by it.
Rigidity:
• Rigidity does not mean that the Constitution is not subject to any
change and must remain in the same static condition. But as a corollary
of the necessity of having a written Constitution, it is required that the
provisions containing and regulating the distribution of powers must
not be left to the discretion of the Centre or the States.
• The amending process should lay down as a precondition the
concurrence of both. Our Constitution provides amendment by a
special majority at the Centre followed by ratification by at least half of
the States. (In the U.S. it is ¾ of the States).
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Authority of Courts:
• In a federation, there is the possibility of a State encroaching upon the
field of another State. There is also the possibility of the Union
trespassing on the rights of one or more States as also the States
purporting to exercise the functions of the Union.
• To take care of such contingencies, a federation contemplates an
independent judicial body which will decide the rights of the Units and
keep them confined within their limits. Read in detail bout the Indian
judiciary on the given link.
• The Courts have the last word in regard to questions involving the
interpretation of the Constitution.
• Our Constitution confers original jurisdiction on the Supreme Court in
regard to federal matters (Art. 131). Thus the Supreme Court has been
constituted arbiter in all disputes involving the units.
• The five characteristic features recounted above are found in our
Constitution. Our Constitution is a written document that establishes a
dual polity of the govt. level i.e. Central and State. Each deriving its
powers from the supreme law of our land, the Constitution.
• The powers, functions and responsibilities of the Union and the
State are plenary within the boundaries defined by the Constitution.
The Constitution is endowed with supremacy. The Centre alone cannot
mould or change it.
• Federal features may be amended with the concurrence of both sets of
government as required by Art. 368 of the Constitution.
• To guard the division of legislative and administrative powers between
the two sets of government, the Constitution has set up the Supreme
Court. The Supreme Court may invalidate and injunct any act which
transgresses the division.
• It may be an administrative act or a legislative measure. The Supreme
Court may be moved by any person aggrieved by a violation of the
distribution of powers or by any State or the Union.
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• It is the existence of the above features in our Constitution that led the
Supreme Court to describe our Constitution as federal.
2)(b) What are the Advantage and Disadvantages of Federal Form of
Government.
Advantages of Federal System of Government
Below are the demerits or disadvantages of a federal system of
government:
1. Federalism brings about peaceful political association of multi-ethnic
groups:
In a heterogeneous society or a multi-ethnic nation, federalism is the best
system of government to practice because it brings about a peaceful political
association between people of different tribes, languages and beliefs. This is
so because there is a national government at the center and other smaller units
of the government at the local level to govern the people.
However, in a unitary system of government where powers are only
concentrated in the hands of a central government, the fear of the majority
can lead to crisis. For this reason, a federal system of government is the best
system of government for a multi-ethnic country.
2. Federalism produces a stronger and stable nation:
Another advantage of federalism is the fact that it produces a stronger and
stable government in power. This is so because the association of different
component units will make the government stronger and respected by
international organizations.
Based on this, political scientists are of the view that prancing a federal
system of government brings about a stronger stable government.
3. There is no fear of majority:
In a federal system of government there is usually no fear of the majority
because every unit of the government is partially independent, and can decide
to run its own affairs by itself.
Conversely, there is not possible way for the majority to totally rule over the
minority in the country. Meanwhile, this is possible in a unitary system of
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government since all the government powers of the state are concentrated in
the hands of the central government.
4. Equitable development and growth of the nation:
One of the major reasons why many countries (including the United States of
America), practice federalism is because the system fosters equitable growth
and development in every part of the nation.
Every unit of government is expected to develop its territory and together, the
growth and development of the whole nation will be achieved easily.
5. Rapid and effective government:
Unlike a unitary system where the burden of caring for the whole nation is
carried by a single central government, federal system of government is
different.
In a federal system of government, the functions and powers of the central
government and its component units are clearly shared and stipulated in the
constitution. Thus, the central government will not be faced with too many
works. This actually makes the government more effective and efficient.
Disadvantages of federal system of government
Below are the demerits or disadvantages of a federal system of
government:
1. It is expensive to operate:
Apparently, federalism is an expensive system of government because a lot
of money is needed to maintain the central government and all of its
component units. Workers and officials of every level of government must be
paid and maintained by the nation.
This is a big disadvantage of federalism because many nations can not afford
to main a government with different component units.
2. Federalism usually have a rigid constitution:
A rigid constitution is a constitution that is not easily amended. This type of
constitution is actually the best in a federal system of government.
However, the fact that is can not be easily amended even in time of
emergency is a disadvantage. Depending on the provisions of the
constitution, to amend a rigid constitution, there must be so many
consultation and unnecessary requirements.
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school should treat the students, or if two states can share each
other’s resources etc.
The Courts also have the right to punish people for the crimes they commit.
Almost every social situation which needs a rule is managed by the judiciary,
like-
• Dispute Resolution: Whenever there is a dispute, the courts intervene in
providing solutions. Whether it’s a dispute between citizens, citizens, and
government, or between two state governments or even the central
and state governments, the court is responsible for dispute resolution.
• Judicial Review: The judiciary has the final hold on the Constitution of
India. As such, if there is any violation of the fundamentals of the
constitution, the court can even overwrite laws passed by the Parliament.
This process is called Judicial Review.
• Upholding the Law and Enforcing Fundamental Rights: Almost all
Fundamental Rights of Indian citizens are defined in our constitution. In
case, any citizen feels that any of such rights are violated, they can
approach their local high courts or the Supreme Court.
The Indian Constitution protects the citizens from any partial judgment. And,
this gives the power to the judiciary to make decisions based on the rules of the
law, in case of any dispute. Due to such authority, the judiciary of the country
is an independent body. The courts of India are not controlled by the
government and do not represent any political authority. Such independence
allows the judiciary to ensure that there is no misuse of power by any section of
the government.
The independence of judiciary calls for ‘separation of powers’. This basically
means that both the legislature and the executive branches of the government,
cannot interfere with the functions and decisions of the judiciary. So, in order to
successfully execute their independent authority, the judges of both high courts
and the Supreme Court must be appointed without any influence or interference
from other branches of the government. Also, it is very difficult to remove a
judge from his/her office, once appointed by the judiciary.
Indian Judiciary has been pro-active and has scrupulously and overzealously
guarded the rights fundamental for human existence. The scope of right to
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life has been enlarged so as to read within its compass the right to live with
dignity, right to healthy environment, right to humane conditions of work,
right to education, right to shelter and social security, right to know, right to
adequate nutrition and clothing and so on. This has been achieved by filling
the vacuum in municipal law by applying, wherever necessary, International
instruments governing human rights 6 . The Supreme Court has, over the
years, elaborated the scope of fundamental rights consistently, strenuously
opposing intrusions into them by agents of the State, thereby upholding the
rights and dignity of individual, in true spirit of good governance.
In case after case, the Court has issued a range of commands for law
enforcement, dealing with an array of aspects of executive action in general,
and of police at the cutting edge level in particular.
Some instances :
• Reiterating the view taken in Motiram , the Supreme Court in
Hussainara Khatoon 8 , expressed anguish at the “travesty of justice”
on account of under-trial prisoners spending extended time in custody
due to unrealistically
• In Prem Shankar Shukla , the Supreme Court found the practice of
using handcuffs and fetters on prisoners violating the guarantee of basic
human dignity, which is part of the constitutional culture in India and
thus not standing the test of equality before law (Article 14),
fundamental freedoms (Article 19) and the right to life and personal
liberty (Article 21). It observed that “to bind a man hand and foot’
fetter his limbs with hoops of steel; shuffle him along in the streets, and
to stand him for hours in the courts, is to torture him, defile his dignity,
vulgarise society, and foul the soul of our constitutional culture”.
Strongly denouncing handcuffing of prisoners as a matter of routine,
the Supreme Court said that to “manacle a man
• In Chander Kumar’s case, a Seven Judges Bench held that the power
of judicial review over legislative action vested in the High Courts
under Article 226 and Supreme Court under Article 32 is an integral
and essential feature of the Constitution and is part of its basic
structure.
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Conclusion –
Judiciary has, thus, played a crucial role in development and evolution of
society in general and in ensuring good governance by those holding reigns
of power in particular. Perhaps, there can be no two views about the
significance of the role expected of judiciary, viza-viz, the goal and good
governance in a free society. I believe that judiciary has played its role well.
3)(b)What are the factors that help to ensured the independence of the
Judiciary?
9 Steps Taken to Ensure Independence of Judiciary
1. Separation of Judiciary from the Executive and Legislature:
Judiciary in India is neither a branch of the executive nor a hand-maid of the
legislature. It has an independent identity under the Constitution. It enjoys
full autonomy in its working.
2. Appointment of Judges by the President:
The method of appointment of judges has been very sound. The Judges of the
Supreme Court and High Courts are appointed by the President. While
appointing other judges the Supreme Court, the President consults the Chief
Justice of India. In case of the appointment of the Chief Justice, the practice
of appointing the senior most judges to this high office is followed. In the
case of subordinate courts, the Judges are recruited through competitive
examinations.
3. High Qualifications:
The Constitution prescribes specific and high qualifications for the Judges. A
person eligible for judgeship has to be an Indian citizen, must have
experience as a Judge of a High Court for at least five years or as an advocate
of High Court for at least ten years or be a distinguished jurist. Thus, only
persons with high qualifications and experience are appointed as judges of
the courts.
4. Long Tenure:
Judges of Supreme Court remain in office till they attain the age of 65 years.
This age limit ensures a long tenure for the Judges.
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5. Security of Service:
The Judges in India enjoy good security of service. No judge can be removed
from the office except by a very difficult process of impeachment.
6. High Salary:
Every Judge of the Supreme Court gets a high salary. Besides this, each judge
is entitled to free residential accommodation, medical allowance and several
other perks. Salaries and allowances of judges cannot be reduced during their
terms of office, except in the situation of a financial emergency in the
country.
7. Prohibition of Practice after Retirement:
A Judge of the Supreme Court is prohibited to practice before any court or
authority in India.
8. Power to Punish the Contempt of Court:
Courts in India have been given the power to punish all cases involving a
contempt of court. The Supreme Court can punish any institution or person
who is found guilty of contempt of court.
9. Vast Jurisdiction and the Power of Judicial Review:
Judiciary in India enjoys a vast jurisdiction. It acts as the guardian interpreter
of the Constitution, the protector of Fundamental Rights of the people and the
arbiter of disputes between the Union and the States. It has the power to
determine the constitutional validity of every law.
4)(a)Explain the theory of Separation of Power.
Introduction –
Separation of powers, division of the legislative, executive,
and judicial functions of government among separate and independent
bodies. Such a separation, it has been argued, limits the possibility of
arbitrary excesses by government, since the sanction of all three branches is
required for the making, executing, and administering of laws.
The doctrine may be traced to ancient and medieval theories of mixed
government, which argued that the processes of government should involve
the different elements in society such as monarchic, aristocratic,
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and democratic interests. The first modern formulation of the doctrine was
that of the French political philosopher Montesquieu in De l’esprit des
lois (1748; The Spirit of Laws), although the English philosopher John
Locke had earlier argued that legislative power should be divided between
king and Parliament.
I. Central Idea of the Theory of Separation of Powers:
The Theory of Separation of Powers holds that the three organs of
government must be separate and independent from one another. Any
combination of these three functions into a single or two organs is harmful
and dangerous for individual liberty. Separation of powers of the three organs
is essential for the efficiency of the government and the liberty of the people.
Government can work systematically and efficiently only when each of its
organs exercises its own powers and functions. Similarly, the liberty of the
people can be protected only when there is no concentration or combination
of the three governmental powers in the hands of one or two organs.
The theory of Separation of Powers holds that for keeping the government
limited, which is necessary for protecting the liberty of the people, the three
functions of government should be separated and performed by three separate
organs.
II. Meaning of Separation of Powers:
In simple words, the theory of Separation of Powers advocates that the three
powers of the government should be used by three separate organs.
Legislature should use only law making powers, Executive should undertake
only law enforcement functions, and Judiciary should perform only
adjudication/Judicial functions. Their powers and responsibilities should be
clearly defined and kept separate. This is essential for securing the liberty of
the people.
Separation of Powers: Views of Montesquieu:
In his book The Spirit of The Laws’ (1748), Montesquieu enunciated and
explained his theory of Separation of Powers. He wrote,
(1) If the legislative and executive powers are combined in the same organ,
the liberty of the people gets jeopardized because it leads to tyrannical
exercise of these two powers.
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(2) If the judicial and legislative powers are combined in the same organ, the
interpretation of laws becomes meaningless because in this case the law-
maker also acts as the law interpreter and he never accepts the errors of his
laws.
(3) If the judicial power is combined with the executive power and is given to
one-person or one organ, the administration of justice becomes meaningless
and faulty because then the police (Executive) becomes the judge (judiciary).
(4) Finally if all the three legislative, executive and judicial powers are
combined and given to one person or one organ, the concentration of power
becomes so big that it virtually ends all liberty. It establishes despotism of
that person or organ.
As such, the three powers should not be combined and given neither to a
single organ nor to two organs. These three powers should be used by three
separate organs of the government. It is essential for safeguarding the liberty
of the people.
Main Supporters of the Theory of Separation of Powers:
The British jurist Blackstone and the founding fathers of the American
constitution, particularly, Madison, Hamilton and Jefferson, extended their
full support to the theory of separation of powers. They regarded Separation
of Powers essential for protecting the liberty of the people.
Use of Separation of Powers in Modern Constitutions:
The theory of Separation of Powers guided the Declaration of Rights adopted
after the French Revolution of 1789. It clearly stated that, “every society in
which separation of powers is not determined has no constitution.”
The real and big support to this theory came from the founding fathers of the
Constitution of the USA. They accepted its importance as the essential
safeguard for preserving liberties and property.’ The Constitution of USA
adopted the theory of separation of powers as its guiding principle.
It laid down a governmental structure based on this theory. It gave the
legislative powers to the US Congress, the executive powers to the US
President and the judicial powers to the US Supreme Court. Each organ was
kept separate from the other two.
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the Ministers, while Money Bills can be introduced only by the Ministers in
the Lower House. The Members of the Legislature can by a majority vote
accept or reject any Bill. The Members of Legislature or the Parliament enjoy
full freedom of speech and also of criticism of the policies of the government.
(2) Control over the Budget:
The legislature has control over the budget of the executive (Government)
and without its approval the executive cannot spend even a single ‘paisa’. In
England and India, the Members of the Parliament can impose a cut on any
demand on the budget but they cannot increase it.
(3) Control over Executive:
In a Parliamentary Government the Legislature or the Parliament exercises
full control over the executive or the Council of Ministers. The Parliament
has the right to put Questions and Supplementary Questions to the Cabinet.
The Parliament can remove the Cabinet by a No- Confidence Motion. It can
bring in Adjournment Motions and Censure Motions against the Cabinet. The
Parliament can appoint a committee to investigate the affairs of the ministers.
(4) Judicial:
In certain countries the legislature has to perform certain judicial functions.
For example, in India and America the Parliament and the Congress can
remove the President by a process of Impeachment. In England, the House of
Lords is the final Court of Appeal. In Canada, the Upper House, i.e. the
Senate hears the divorce cases. In Switzerland, the Federal Assembly has the
power to interpret the Constitution.
(5) Electoral:
In certain countries, the legislature elects the President, the Vice-President
and the Judges. In India, the Parliament takes part in the election of the
President and the Vice-President. (In the election of the President, besides the
Parliament, the State Legislatures also take part, but in the election of the
Vice- President, only the Parliament takes part).
In Russia, the Judges of the Supreme Court are elected by the Parliament of
that country. In Switzerland also the members of the Executive and Federal
Tribunal are elected by the members of Parliament. Formerly, in China the
President was elected by the Parliament.
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On the other hand, the Senate or the upper house of America consists of two
representatives from each state irrespective of their population, size or
economic status. In India, the Rajya Sabha is supposed to consist of the
representatives of States, although there is no parity in representation as in
the U.S.A.
(5) Smooth working of the legislature:
Fifthly, it facilities the working of the legislature. Complexity and the bulk of
modern legislation demand that the second chamber should exist to lighten
the burden of the popular chamber. Non-controversial bills may be
introduced in the upper chamber.
7)Short note (any one)
Woman Suffrage
Introduction :
Lucy Stone (1818-1893): A prominent abolitionist and one of the most
important figures in the first generation of suffragists. Known for her liberal
marriage to Henry B. Blackwell , Lucy headed the American Woman
Suffrage Association and was the mother of Alice Stone Blackwell (1857-
1950), who would later be called "the foremost suffragist propagandist"
(Kraditor 1965, 266)
Suffrage is the right or privilege of voting and is frequently incorporated
among the rights of citizenship (the duties and privileges of a person owing
loyalty to and entitled by birth or naturalization to the protection of a state or
nation). However, just as not all people in the United States are necessarily
granted the privilege of citizenship, not all U.S. citizens have been uniformly
endowed with the right to vote. Throughout U.S. history, persons have been
denied suffrage based on sex, race, age, and income. This lack of universal
suffrage historically resulted in an avalanche of debate, protest and advocacy
for political reform. There was great resistance to this reform, and the woman
suffrage movement's accomplishments came over time. Arnaud-Duc
explains,
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Political rights empower citizens to influence the state's priorities and hold
public office. Suffrage may be national (or federal), local, or limited to
particular offices. Because such hierarchies existed, women could only work
their way gradually toward full citizenship. (1993, 82).
Importance
The woman's suffrage movement is important because it resulted in passage
of the Nineteenth Amendment to the U.S. Constitution, which finally allowed
women the right to vote. However, as Lucinda Desha Robb suggests, "one of
the most important lessons of the woman suffrage movement may be the
relative unimportance of suffrage all by itself" (1996, 40). The early
suffragists did not see voting privileges as their primary goal; rather they saw
suffrage as an opportunity to participate more fully in the public affairs of
society through political engagement and civic action (Kraditor 1965).
In the Declaration of Sentiments, Stanton proposed twelve resolutions, of
which woman's enfranchisement was just one. While many of her
contemporaries initially felt that woman's suffrage was inconceivable,
Stanton and Anthony soon saw that achievement of their other goals
regarding women's rights was only possible through suffrage and the political
advances and allies they would make along the way (Carter 1996;
Weatherford 1998). Though they faced obstacles and hardships, Robb points
out,
The years of hard work women put into making suffrage a reality taught them
the full potential of democracy and how to employ that potential. They
learned grassroots skills and gained the political credentials that made them
more effective and laid the groundwork for their increasing participation in
government. (1996, 41)
The ripple effect of the woman's suffrage movement on subsequent
generations is evident in a range of educational, civil rights, and health care
reforms, as well as in the growing number of women elected to governmental
positions (Hossell 2003).
A number of commonly understood terms or ideas related to woman suffrage
exist in our vocabulary. Among them are feminism , inequality , sexism ,
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and women's rights . In addition, other ideas bear the need for more
explanation or historical context:
Abolition : The opposition and eradication of slavery. The anti-slavery or
abolitionist movement was established in 1833 with the formation of the
American Anti-Slavery Society in Philadelphia, although anti-slavery
sentiment predated the formation of the republic (Library of Congress).
Following the U.S. Civil War (1861-1865), Congress ratified the Thirteenth
Amendment to the U.S. Constitution, which officially abolished slavery.
Enfranchisement : To endow a person with the rights of citizenship,
particularly the right to vote.
Equal rights : Those benefits and privileges that are due to a person by law,
tradition, or nature without discrimination, specifically in regard to one's sex.
Passage of the Nineteenth Amendment marked the first specific written
guarantee of women's equal rights in the Constitution. However, in response
to the many laws and practices at work and in society that still perpetuated
the unequal treatment between men and women, Alice Paul introduced the
Equal Rights Amendment (ERA) in 1923. The ERA advocated for the equal
application of the Constitution to all citizens to ensure freedom from
discrimination based on sex. To date however, the ERA has failed to be
ratified by the United States Congress (Equal Rights Amendment.org).
Grassroots advocacy : Active support for something such as a policy, an
idea or cause spearheaded by people or society at a local level rather than as a
result of major political activity.
Progressivism : The principles and practices of political progressives.
Persons in support of progressivism promote progress toward better
conditions or new policies, ideas, or methods. Efforts made by Progressives
during the early 1900s led to the establishment of laws governing child labor
and food and drug safety (Hossell 2003).
Temperence Movement/Prohibition : Initiated by Christian women who
saw the societal and familial ills created by the abuse of alcohol, temperance
was the movement to prohibit the lawful manufacture, transportation, sale or
possession of alcoholic beverages (Hossell 2003). In the simplest terms,
prohibition refers to restrictions against the sale of alcohol; however,
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prohibition also refers to the period (1920-1933) during which the Eighteenth
Amendment (which outlawed the manufacture and sale of alcoholic
beverages) was in force in the United States. In 1933, prohibition of alcohol
was repealed by passage of the Twenty-first Amendment.
Voting rights : The ability of U.S. citizens to participate in local, state and
federal elections. Despite passage of the Fifteenth Amendment (which
prohibited state and federal governments from denying citizens the ballot on
the basis of race) Blacks and other minorities continued to experience
resistance by state officials who were unwilling to enforce the amendment. In
1965, President Johnson signed into law the Voting Rights Act, "generally
considered the most successful piece of civil rights legislation ever adopted
by the United States Congress" (U.S. Department of Justice). The Act
systematizes and actualizes the Fifteenth Amendment's permanent guarantee
that no person shall be denied the right to vote on account of race or color.
Conclusion :
Though, in the broadest sense the suffrage movement embodies the fight by
all individuals to obtain voting rights, the term is seen to be synonymous with
the woman's suffrage movement, which stemmed from the fight for women's
rights (Weatherford 1998). This is likely due to the fact that the woman's
suffrage movement was a seventy-two-year-long battle that was rooted in the
abolishment of slavery and, at least for some reformers, linked to obtaining
the right for both blacks and women to vote; that is, some suffrage activists
sought enfranchisement for blacks as well as women (McCulloch 1929).
This paper will focus on the struggle for woman's suffrage, arguments against
women's right to vote, progress toward equality, and related social and
political reform. Moreover, it will highlight key events and figures involved
in the suffrage movement and suggest how both supporters and opponents of
suffrage focused on the ways voting rights would affect women's abilities to
bring about social change.
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(ii) The membership of the two organs is incompatible i.e. member of one
cannot be a member of the other;
(iii) The executive is not responsible to the legislature; and
(iv) Neither can dissolve nor remove the other.
The parliamentary executives are functioning in India, U.K., Canada, New
Zealand, Australia and several other states. In the United States of America,
the executive is presidential. In France there is a mixture of these two forms
of Executive.
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PAPER III
SOCIOLOGY – II
1)(a)Write down the ownership pattern in Pre – British India.
Introduction :
Before British rule there was no formal individual ownership of land in India.
However, during the two centuries of British rule (1757–1947), India’s
traditional land ownership and land use patterns were changed with the
introduction of the concept of “private property”.
Land ownership systems
Various land ownership and transfer systems were introduced by the British:
The ‘zamindari’ system prevailed in most of northern India whereby feudal
lords (zamidars) became owners of large tracts of land. They had to pay fixed
revenue payments to the government and so peasants became tenant farmers
and had to pay rent on the land they farmed.The ‘ryotwari’ system was
followed in south and west parts of India. Individual cultivators (ryots or
raiyats) were proprietors of land against revenue payments. They had rights
to sub-let, mortgage and transfer land.The ‘mahalwari system’ was a third
system whereby entire villages had to pay revenue, with farmers contributing
their share in proportion to their holdings.The Indian Forest Act was passed
in 1920, making all forest land government-owned. This de-legitimised the
traditional community ownership systems in adivasi (tribal) societies.
Land distribution under these systems became extremely unequal - rural
society was polarised: landlords and rich peasants versus tenants and
agricultural labourers. By the time of Independence in 1947, about 40% of
India’s rural population was working as landless agricultural labour.
A Competing Vision: The Raiyatwari System
Because the Company was perennially cash-strapped, and the Permanent
Settlement’s taxes were fixed in perpetuity, they were set at a very high level
(Islam 1979, p. 25). Defaults by zamindars were common in the early years
and, facing severe pressure from zamindars, peasants deserted in some
regions (Chowdhury-Zilly 1982, chapter 5). Far from becoming progressive
capitalist farmers, many zamindars simply rented their lands to others, who in
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turn sub-let it, creating a chain of intermediaries between the zamindar and
the final cultivator, a phenomenon historians have called “sub-infeudation.” 2
The Permanent Settlement was also criticized for leaving tenants unprotected
from rent increases and eviction, at the mercy of zamindars.
Zamindar-Tenant Relations in Bengal
The Permanent Settlement had, to put it mildly, left a great deal of unfinished
business. There were three major issues to be settled: (i) What level of
coercion could the landlord use on tenants?, (ii) How much freedom did he
have to raise rents?, and (iii) Under what conditions could he evict a tenant?
The Proclamation of 1793 paid lip-service to tenant security and protection
from arbitrary rent increases. The Company did not have the administrative
capacity to intervene at that level of detail, and in any case tax collection was
the priority. But zamindars could pay taxes only if they extract rents from
tenants. Corporal punishment and jailing of defaulting tenants was common
in pre-colonial Bengal (Mclane, 1977, p. 24). In the regulations of 1793 the
Company took away these rights (Islam, 1979, p. 15). But zamindars
complained that that while the courts were strict with them, they were being
disempowered vis-à-vis their tenants, and were struggling to collect rents. In
response, in 1795, and especially the notorious Regulation VII of 1799, the
pendulum swung towards the zamindars: the key concession was the freedom
to use physical coercion on their own account, without the permission of a
court. Further complaints, this time from the tenants, led them to receive, in
Regulation V of 1812, some protection from asset seizure by the zamindar,
but other provisions had a loophole that facilitated tenant eviction.5 Thus, up
to the early 19th century the colonial state primarily regulated zamindar-
tenant relations to attain its fiscal objectives.
Raiyatwari in the Bombay
Deccan After a series of conflicts with the major western Indian power, the
Marathas, the British finally took control of the Bombay Deccan in 1818.
Again, a key issue was the collection of land taxes. In the Marathas’ system,
a powerful official, the “mamlatdar” was responsible for collection of land
taxes, and also had judicial and police functions (Kumar, 1968, pp. 14-15).
The mamlatdar negotiated the land tax with the head of the village. The norm
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was for the tax to be assigned to the village as a whole, with its allocation
across families to be decided internally; efforts to increase revenue by
allocating taxes to individual peasants, which Madhav Rao Peshwa tried to
do after 1760, had been successfully resisted.
Direct Restrictions on Land Transfer
A similar controversy arose in the Punjab, with the additional twist that, in
western Punjab, moneylenders tended to be of Hindu trading castes and the
peasants were Muslim.11 A particularly alarmist take on the problem of land
alienation was presented by Septimus Thorburn (1885, p. 1; see footnote 9), a
British official whose 1885 book entitled Mussulmans and Moneylenders in
the Punjab laid out its central thesis in its first two lines: The Punjab is an
agricultural province, and land of peasant proprietors, a large and annually
increasing proportion of whom are sinking into the position of serfs to the
moneylenders. The gradual transfer of ownership of the soil from its natural
lords – the cultivators – to astute but uninfluential Hindu traders and bankers,
is directly due to a system of law and administration created by ourselves,
which, unless remedied in time, must eventually imperil the stability of our
hold on the country.
Conclusion :
The problem of land ownership at present cannot be resolved without
understanding the land ownership structure of the past. The past plays an
important role in shaping our perceptions and ordering our priorites.
Naturally, the solutions we find for the contemporary crisis are affected by
our past. Hence, it is important to see how our ancestors understood land
ownership.
There is a general consensus among experts that the question of land
ownership came into existence in the post-vedic era because during the Rig
vedic era, the Aryans were pastorals and cattle was the main index of wealth.
Land ownership was not prevalent at that time. In the post-vedic era, due to
use of iron implements in agriculture, people started staying in one place. We
find reference to land ownership in the post-vedic book Aitareya Brahman in
which it is written that when Vishwakarman Bhuvan donated land to the
purohits for performing yagna, Prithvi protested. This suggests that it was not
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All the above mentioned occupations were hereditary. These various groups
of people were getting their remuneration in terms of crops during the
harvesting period against the services rendered by them.
These Indian villages were functioning independently as most of food articles
and raw materials produced within the villages were either consumed or
purchased by the village communities itself. Agricultural and handicraft
industry were interdependent and thus the village republics were able to
function independently.
Indian villages were almost self-sufficient in respect of daily necessities
excepting commodities like salt, spices, fine cloth, luxury and semi-luxury
goods.
In this connection, Sir Charles Metacalfe wrote, “The village communities
are little republics having nearly everything they want within themselves, and
almost independent of foreign relations. They seem to last where nothing
lasts. This union of the village communities each one forming a separate little
state by itself…………………… is in a high degree conducive to their
happiness, and to the enjoyment of a great portion of freedom and
independence”.
Thus during the pre-British period, Indian villages were mostly
consisting of three distinct classes:
(a) the agriculturists,
(b) the village artisans and menials and
(c) the village officials.
There were again two types of agriculturists—the land owning and the
tenants.
The village community had enjoyed a simple form of self government. The
headman, the watchman, the accountant, the preacher, the school teacher etc.
were all village officers. Thus Indian villages during those days were
working as a complete administrative and economic unit.
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Mahatma Gandhi sacrificed his life for communal unity. Though, there are
different communities like Bengalis, Gujaratis, Punjabis, Maharashtrians,
Tamilians, etc. the facts remain that despite divisions and differences, caste
or creed, we have lived together for thousands of years. Though, there are
differences between the Hindu and the Muslim communities concerning their
cultures, ideology, and rituals. They live together and have a deep-rooted
respect for each other. The Hindus send greetings to their Muslim friends at
the time of their Muslim festivals such as Eid, Muharram, etc. likewise, the
Muslims also send wishes or greetings to their Hindu friends at the time of
Hindu festivals such as Diwali, Durga puja, etc. this describes the majority of
unity among the Hindus and the Muslims in India.
Origin of unity in diversity
The term unity of diversity signifies the unity between people with different
cultural, religious faiths, social status and other demographic variations. This
expression has its organizations, since ancient times, it is used by various
political and social assemblies to show unity among the individuals or
societies. This is an ancient expression that was earlier used by some
societies in North America and China, around 500 BC. Unity in India is the
best model of unity in diversity because people living with various religions
and cultures follow the same laws as laid down by the Constitution of India.
Importance of unity in diversity
Unity in diversity is very much important for a country for:
National Integration
Unity in diversity is very essential for a country because it is a very simple
task to divide people with different views and ideas. If there is a unity
between people despite their variations and it is very difficult to disintegrate
the nation. The unity among the citizens of the country plays a great role in
maintaining peace and prosperity in the nation.
Development and growth
Unity in diversity plays a vital role in the growth of the country because the
united country will always move on the path of development. It will face
some internal issues than a country that is socially weak and distributed on
different terms.
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Global recognition
A country that is assorted, but still it is united, not only joins value to the
nation but is also appreciated on international platforms. It sets an example
for all nations by highlighting the values and morals of citizens who respect
and encourage each other despite their different backgrounds and cultures.
Peaceful co-existence
Diversity can also be the reason for the origin of internal disputes but unity in
diversity plays a big role in maintaining peaceful co-existence with people
with different cultures and backgrounds.
Advantages of Unity in Diversity
• Unity in diversity increases the morale of individuals within the
workplace, organization and community.
• It helps to expand collaboration, relationships, interactions between
people, thereby improving performance, quality of work,
productivity and lifestyle.
• This enables communication to thrive even under the most trying
circumstances.
• Keep people removed from social ills and it helps to manage
conflicts more easily.
• It promotes healthy human relationships and protects the equal rights
of all people.
• Unity in diversity provides a source of tourism for India. People
from all walks of life, cultures, religions, and clothing are attracted
to many visitors and tourists from all over the world.
• This, though distinctly different from one another, results in the
practice of national unity among the peoples of the world.
• It strengthens and enhances the rich heritage of the country and
moreover as a cultural heritage of India.
• It helps to fill the agricultural sector with biodiversity as well as
economic expectations.
• A source of skilled and developing professionals in various parts of
the country.
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Geographical unity
India may not be a mixed by itself but from times ancient India has been
considered as-one country. The only name Bharatvarsha has granted to this
country emphasis this unity. According to the authors of ‘Advance History of
India’, the word and the concept of unity mean, “have always existed in the
minds of theologians, political philosophers, and poets who spoke of the
thousands of yojanas (leagues) of the land that stretches from the Himalayas
to the sea as the customary field of a single universal emperor.”
Racial unity
There is no doubt that the people of India belong to distinctive races but they
are so much engaged in the Hindu fold that they have completely lost their
separate reality. It is a recognised fact that the people of India, to whichever
race or area they might belong, are known as Indian or Hindustani. This is
clear evidence of the underlying racial unity of the people.
Linguistic unity
Although India maintains a variety of language, In the 3rd century B.C. the
Prakrit was accepted as the common language of the people. According to Dr
Ray Chaudhri, “Prakrit was the one only language enough to bring the
information of a royal minister to the bars of his enduring subject during this
huge kingdom.” After Prakrit, Sanskrit became the common language of the
masses. Another local language which subsequently realised influence began
out of Sanskrit. Some of the leading Indian languages which owe their rise to
Sanskrit include Hindi, Gujarati, Telugu and Tamil. Sanskrit followed as the
lingua franca throughout ancient times.
Religious and social Unity
In the religious sphere and in spite of diversity, the type of unity has grown
among the various religious denominations in that country. India was
primarily a Hindu country and its culture was based on the Varnashrama
Dharma Vya-vastha, e.g. Caste, Ashrams and Dharma.
Political unity
In the political arena, national unity has been one of the greatest goals which
most of the Indian rulers appreciated. Undoubtedly, India was divided into
various small institutions but the powerful rulers were always eager to bring
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all these territories under their control. They were determined to take the title
of Chakravarti. According to Kautilya, the base of the Chakravarti kings was
extended from the Himalayas to the sea. In other words, according to
Kautilya, the king was regarded as Charravati only when he succeeded in
increasing his power or supremacy over the whole country. Ordinarily, such
titles were considered by the king after the due completion of rituals and
sacrifices.
The main reasons behind the unity in diversity in India
India has seen the cultural history of experiments creating new forms, the
diversity of which can be felt in terms of the number of cultural, religious,
linguistic, functional units and political parties. These differences can easily
be attributed simply to previous years of migration, exchange, initiation and
comparison and the separation of natural boundaries. The transition period
and in the current situation with a population of about 1.33 million. India
introduces a border of different cultures and traditions, we see the rise of
faith, from prehistoric times to the Vedic period. Although it was present at
the adoption of this form, it differed from region to region, and sometimes
when the Aryans arrived, different tribal societies had different values and
different metals of the same values giving the same heritage for several
generations.
How our Indian Constitution shows unity in diversity in India
A constitution is an official document with specialized legal expertise, which
sets out the framework and core functions of the organs of state, and sets out
the principles that govern those functions. Like all other constitutions, the
constitution of India also seeks to establish the basic structures of government
and administration, undermines its structure, composition, powers and
functions, defines intergovernmental relations, and regulates relations
between citizens and the state. It was in 1934 that the idea of a meeting in
India was first conveyed by M.N.Roy.
Conclusion
Unity in diversity instructs us that although we are from diverse caste, creed
or race, these variations cannot keep us apart and we are eternally united for
the improvement of our nation. This is the most uncommon event which is
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exposed in our country. It not only performs the nation united and
strengthened but it also holds us alive in the old eras, the belief of co-
existence with love, peace, and respect. The distinction in culture, traditions,
festivals, music and dance makes the country energetic and makes an
unbelievable country in the world.
2)(b)Mention different factor which are endangering unity in India
today.
In the words of A.R. Desai,
“India presents a spectacle of Museum of tongues”.
The diversity in India is unique. Being a large country with large population,
India presents endless varieties of physical features and cultural patterns. In
short, India is “the epitome of the world.” The vast population is composed of
people having diverse creeds, customs and colors. Economic development,
level of education and political culture of the people in various social
segments differ from region to region.
Notwithstanding the various diversities evinced in India, there are the bonds
of unity which are located in a certain underlying uniformity of life as well as
in certain mechanisms of integration. Unity amidst diversity is visualized in
the geo-political sphere; tradition of accommodation, emotional bond etc.
India’s political unity is an offshoot of the religious and cultural unity. The
First bond of unity of India is found in its geo-political integration.
Politically, India is now a sovereign State. Every part of it is governed by the
same Constitution and same Parliament. We share the same political culture
marked by the norms of democracy, secularism and socialism.
Quite in line with the traditional bonds of unity, the Indian State in post-
Independence era has rightly opted for a composite culture model of national
unity rather than a uniform culture model. The composite culture model
provides for the preservation and plurality of cultures within the frame work
of an integrated nation. Hence, the significance of our choice of the norm of
secularism, implying equal regard for all religions, as our policy of national
integration.
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The account of the unity of India should not be taken to mean that we have
always had a smooth sailing in matters of national unity, with no incidents of
caste, communal or religious riots. Nor should it be taken to mean that the
divisive and secessionist tendencies have been altogether absent.
All these factors are discussed below:
1. Diversity of Constituents:
India is a heterogeneous society. It is made of a number of diverse groups.
The first potential threat to the Indian nation state lies in this plurality. The
Indian society was and is divided in terms of religion, caste, language and
ethnic origin.
2. Regionalism and Cultural Identities:
Regionalism is also a threat to national integration. Some of the social
elements having their separate cultural identity want to preserve it even at a
political level and for this purpose some of these segments want further
reorganization of the states.’
3. Casteism:
Casteism has always played a dirty role in matters of politics and reservation
policy and has created a wide gulf between different segments of society.
Unfortunately, the caste system has been recognized by the framers of the
Constitution by providing a protective discrimination to Scheduled Castes
and Scheduled Tribes. Though the reservation was made for a limited period,
it is being extended from time to time. The reservation of seats in the
educational institutions and jobs on the caste basis has strengthened the caste
feeling and resulted in the possibilities of new types of inequalities and caste
conflict.
4. Linguism:
Due to linguistic and regional loyalties the national feeling gradually erodes.
Linguistic tensions are manifested in the borders which are bilingual. For
example, Goans are divided on the basis of Konkani and Marathi Languages.
There is also conflict between Marathi and Kannada-speaking people in
Belgaum.
Language has become, especially since Independence, a powerful source of
political articulation. For instance in the South, particularly in Tamil Nadu,
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language sentiments have been propagated among the people for getting
power within State politics.
5. Communalism:
Broadly defined, communalism refers to the tendency of any socio-religious
group to maximize its economic, political and social strength at the cost of
other groups. This tendency runs counter to the notion of the secular nation –
state that India purports to be. Secularism in the Indian context is defined as
the peaceful co-existence of all religions without State patronage to any of
them.
5. Communalism:
Broadly defined, communalism refers to the tendency of any socio-religious
group to maximize its economic, political and social strength at the cost of
other groups. This tendency runs counter to the notion of the secular nation –
state that India purports to be. Secularism in the Indian context is defined as
the peaceful co-existence of all religions without State patronage to any of
them.
7. Regional Disparities:
The unequal development of different regions of India has negatively
affected the character of national integration. The unequal development has
become the major cause of many social movements after the independence.
For instance, the Jharkhand movements which involved tribal groups from
Bihar, M.P. Bengal and Orissa stresses the backwardness of the region
among other issues. While demanding a separate State, people, involved in
this movement argue that the rich natural resources of the area have been
drained out to benefit others.
8. Ethnonationality and Ethnic Conflicts:
Ethnonationalism and ethnic conflict has hindered national integration.
Whereas the modern concept of nationalism is closely linked with the
concept of nation-state, scholars have described another prevailing notion of
nationalism such as religious nationalism, ethnonationalism etc. Although
nationhood is denied to the Nagas, the Nagas understand themselves as
nation in the sense of ethnonationality. The concept of “ethnonationalsim”
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1. Industrialization:
So far as rural economic system was concerned, the joint family was a unit of
both production and consumption. But with the arrival of industrial economy,
the family no longer functions as a unit of production. On the contrary, it has
become essentially a unit of consumption.
2. Urbanization:
Urbanization has also led to the weakening of the joint family system in
India. The amenities of urban life in the form of better transport and
communication, better employment opportunities, better educational
facilities, and developed health care facilities attract the ruralites to the towns
and cities. Naturally there is a rural to urban type of migration.
3. Modern education:
The role of modern education in bringing about the disintegration of the joint
family is no less significant. Modern education inspires individualism among
the people. Further, educated men and women in the countryside are forced
to leave their families in search of suitable jobs.
4. Enlightenment of women:
Enlightenment of women is also responsible for the disintegration of the joint
family. The young educated women, being fully conscious of their new rights
and status in society, are now not prepared to submit themselves meekly to
their mothers-in-law.
5. Influence of western culture:
Western culture has fostered in young men and women individualistic
tendencies with the result that they do not want their fortunes to be tied down
forever with those of the joint family. B.B. Saha rightly observes that
individualism as a gift of western culture has given rise to a separatist
tendency among them. Furthermore, influenced by the western values such as
rationalism, equality, freedom etc, they do not like to remain submissive
under the tight grip of the joint family. The end result is the disintegration of
the joint family system.
6. Over-Population:
In rural India, agriculture is the major occupation of the ruralites. Land being
fixed, agriculture fails to provide employment to the ever-increasing number
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faced social and economic isolation, often being denied rights and privileges
that many born into savarna castes consider “fundamental rights”.
4)(b) Discuss the nature of problem faced by Scheduled Caste by Indian
Today.
Traditionally Scheduled Castes or untouchables were suffering from several
disabilities or problems. These problems are discussed below.
1. Social Problem:
These problems pertained to the concept of purity and pollution. The
untouchables were given a very low position in the society.
The high-caste Hindus maintained a social distance from them. They were
denied many basic amenities of life which were accorded to the high-caste
Hindus. They were dependent on the tradition of Hindus for items of food
and drink.
2. Religious Problems:
These pertained to the denial of the right of entering temples which were
exclusively served by the high-caste Brahmins. The untouchables were
neither allowed to enter the temples nor served by the Brahmins. They had no
right to worship the Gods and Goddesses in the temple.
3. Economic Problems:
The untouchables were not free to choose any occupation according to their
own ability they had to clean the streets, remove dead cattle and to undertake
heavy agricultural work. Mostly they were landless labourers. They worked
in the fields of high- caste Hindus as labourers.
4. Public Disabilities:
Harijans had to face many public indignities because they were denied the
right to use the services of public utilities like wells, public transport as well
as educational institutions.
5. Educational Problems:
Traditionally the untouchables were deprived of getting education. They were
not allowed to use public educational institutions. Even today most of the
illiterates are untouchables.
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Restraint Act was passed in1929. This Act penalized the marriage of girls
below fourteen and boys below eighteen years of age. However, the
government failed to enforce it properly.
Lord William Bentick initiated steps against ‘Sati’. He was supported by Raja
Ram Mohan Ray and Dwarakanath Tagore. ‘Sati’ was legally abolished in
December, 1829. After the abolition of ‘Sati’ the Britisher’s realized the
pitiable conditions of the Hindu widows and enacted the Hindu Widow
Remarriage Act in 1856. The Hindu Woman’s Right to Property Act was
passed in the year 1937. It intended to improve the position of widows in
respect of property.
This Act made the provision that after the death of the husband, his widow
would succeed to his property along with his son. The widow of the pre-
deceased son and the son of the pre-deceased son would also succeed to the
property. The enactment of this Act improved the legal position of the widow
and she became self-sufficient in terms of food and shelter.
Thus during the British regime, with the help of several social legislations the
Indian woman’s position which had taken a chequered course was sought to
be balanced. The National Movement and various women’s movements
paved the way for their liberation from the social evils and religious taboos.
People became conscious of the social disabilities and attempts were made to
dispel all kinds of inequalities.
Sati, infanticide, slavery, child marriage, prohibition of widow remarriage
and lack of women’s rights were some of the social problems which attracted
the attention of the British and social reformers. In the beginning of the
nineteenth century, the practice of sati was confined to Hooghly, Nadia and
Burdwan districts of Bengal, Ghazipur of Uttar Pradesh and Shahabad of
Bihar. It was also found in other parts of India, but only as a rare
phenomenon.
In southern India, it was practised in Ganjam, Masulipatnam and Tanjore
districts. In Rajasthan, Punjab and Kashmir, the practice was confined mainly
to women of high castes. In Delhi, Charles Metcalfe stopped the practice.
Aligarh and Agra seldom had occurrences of sati.
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The British had shown interest in the abolition of sati in 1813. The persuasive
propaganda techniques failed to prevent the occurrence of the practice. The
police also did not prove effective. Raja Ram Mohan Roy took it upon
himself to eradicate this social evil.
He announced that the rite of sati was not a part of the Shastras. It was not an
integral part of the Hindu religion. A number of religious leaders opposed
Ram Mohan Roy’s crusade against sati. Through the cooperation of the
princes, it was virtually stopped in the princely states. But it was not made an
illegal act for a long time.
Even today, occurrences of sati are reported from various parts of the
country. And in most of the cases, the police have either reached late or
remained ineffective. In Jhunjhunu town of Rajasthan, a huge temple of sati –
known as Rani Sati Mandir – is a place of worship by all castes and
communities. Nearly, two decades ago, in Sikar district of Rajasthan, a young
Rajput woman committed self-emolation. This particular sati occurrence
invited protests from all over the state and other parts of India.
Female infanticide was found mainly among the Rajputs of Benaras, Gujarat,
Madhya Pradesh and Rajasthan and in parts of Punjab and Sind and among
some Sikhs. The institution of female infanticide arose due to (1) the
deplorable position of women in Hindu society, (2) the dowry system, (3)
hypergamy, and (4) the sense of honour and pride. Marriage of a female is
considered compulsory. In 1779, infanticide was declared to be murder by the
Bengal Regulation XXI. In 1804, this was extended to other parts of India.
However, the practice continued in secret till recently, particularly among the
Rajput’s in Rajasthan. Dowry is its main cause.
Child marriage is prevalent even today among the rural people, and among
the urban illiterate and poor. The institution of child marriage is also the
result of hypergamy, dowry, and notion of virginity and chastity. It has
resulted in the problems of overpopulation, poverty, unemployment, ill-
health, dependence upon parents, etc. The first legislation was passed in 1860
under which the minimum age for consummation of marriage in the case of
girls was raised to ten.
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In 1891, the age of consent for girls was raised to twelve, and in 1925 to
thirteen for married girls and fourteen for unmarried ones. In 1929, the Child
Marriage Restraint Act (Sharda Bill) was passed. Under this Act, which came
into being in 1930, the minimum age of marriage for a girl was fixed at
fourteen and for a boy at eighteen. According to the Hindu Marriage Act of
1955, the minimum age for a bride is fifteen, and for a bridegroom it is
eighteen.
The legislations have not proved effective in this case. Education, economic
pressures, and migration to towns and cities from rural areas have certainly
contributed to the raising of the age at marriage of both the sexes. However,
child marriage persists unchecked. Many a time, even political leaders of
repute have enacted child marriages of their wards. No stringent actions are
taken for violation of the Hindu Marriage Act of 1955.
5)(b) What steps have been taken during the Post Independent Period to
improve the status of Woman in India.
In the Post-Independence Era the Indian women are free to choose any form
of education and professional training to enable them for a career. They can
aspire to the highest office of the state on the basis of equal opportunity for
all appointments, provided by the Indian Constitution. Adult franchise for
both the sexes has been ensured in the Indian Constitution.
After India gained Independence, the Constitution, makers and the national
leaders not only recognized the unequal social position of women but saw to
it that women would get equal rights with men. The concept of equality has
been enshrined in the Constitution and has been the greatest source of honour
to the women who once constituted the most neglected and subjugated
section of the society. The principles of Hindu social organisation were
formulated by males, who debarred the women from enjoying equal rights in
the social life.
With the spread of women’s education in India and due to the impact of the
West, the Indian women rose against the cruelties of the male. They opposed
polygamy, sought right to divorce, claimed equality in marital right and
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“Under this system each caste group within a village is expected to give
certain standardised services to the families of other castes. Each one works
for certain family or group of families with whom he is hereditary linked.” —
Oscar Lewis
Harold Gould has described the Jajmani system as inter-familial inter-caste
relationship pertaining to the patterning of super- ordinate-subordinate
relations between patrons and suppliers of services. The patrons are the
families of clean castes while the suppers of services are the families of lower
and unclean caste.
The first detailed study of Jajmani tradition in India was made by William H.
Wiser. Both Kamin and Jajman are Integral part of the jajmani system and
thus complementary to each other. The Jajmani system is called “Aya” in
Mysore of South India, according to Ishwaran (1966).
Henty Orenstein has held that the families of village officials or village
servants (for example the watchman) maintain jajmani relations with the
whole village rather than with particular families.
Edmund R. Leach (1960) said, “Jajmani system maintains and regulates the
division of labour and economic interdependence of caste.” William H. Wiser
(1967) said, “Jajmani system serves to maintain the Indian village as a self-
sufficient community.” Harold Gould (1987) said, “Jajmani system
distributes agricultural produce In exchange for menial and craft services.”
A number of studies have been conducted on jajmani system in India. The
important studies code N.S. Reddy’s study on North India in 1955, W.H.
Wiser’s study in 1936, Prof. S.C. Dubey’s study in Hyderabad; D.N.
Majumdar’s study (1958) in Lucknow of U.P., Katheline Cough’s (1955)
study in Tanjore, Darling’s study (1934) In Punjab etc.
Although the Jajmani relationship seems to be between castes, in reality, it is
between particular families belonging to particular castes. It is the
relationship between families that continue to exist over time.
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pointed out by Kothari in the first stage. In the first sub-stage, the struggle for
power and benefits is at first limited to the entrenched castes, i.e., those
which exercised preponderant influence economically and politically but not
necessarily numerically. In the second sub-stage, ascendant castes (i.e.,
unsatisfied castes wanting higher roles) also start competing for power.
In the third sub-stage, there is not only competition between entrenched and
ascendant castes (for power and benefits) but also within these castes. In the
second stage, called as the stage of caste fragmentation or factionalism, the
leadership cleavages are created and multi-caste and multi-factional
alignments come into being. This also creates the problem of rival caste
leaders in politics. These leaders come to involve masses too because they
(leaders) want to appeal to wider identities. There is also change in leadership
in this stage.
Kothari has talked of the third stage also in relationship between caste and
politics. While in the first stage, ‘entrenched’ high castes are first politicised
and ‘ascendant’ high castes respond with resentment and feeling? of relative
deprivation (e.g., entrenched caste of Brahmins and ascendant caste of
Marathas in Maharashtra) and in the second stage factions emerge within the
competing (entrenched and ascendant) castes and lower castes are also
brought in for support, in the third stage, identifications other than those of
caste are likely to become more important with advancing education,
urbanisation and adoption of modern achievement orientation. There, thus,
emerge cross-cutting alliances.
The process of fusion of castes is illustrated by the DMK in Tamil Nadu and
Republican Party (consisting of Mahars and other untouchable castes) in
Maharashtra. The former party is politically powerful but the latter party has
not yet wielded much political power.
In panchayats at the village level these days, elections are often contested on
cross-cutting votes. Large landless castes now have the power of voting
strength; so they challenge the traditionally dominant caste which has power
derived from land control. Dominant castes as well as ascendant (higher)
castes are usually tied in with the important political parties of the region and
upward mobility through the political party organisation takes place. Thus,
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Germany), China, Vietnam, North Korea etc., yet they consider it a socialist
democracy.
Dictatorship of the Communist Party in these countries has in turn become a
dictatorship of the politbureau or General Secretary in these countries. It is
altogether a different thing whether we may agree with this political system
or the other political system but it is true that these communist countries have
also modernised themselves to a great extent and compare favourably with
the industrialised countries of the West.
So far India is concerned, it has adopted democratic system and through its
Five Year Plans, it has made rapid strides in economic development and
marching ahead with a terrific speed towards modernisation but in spite of
that about 40% people live below poverty line. This situation must be
remedied by means of equal distribution of wealth.
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