Caste and Race in India c12.3

c12.3

Early in the history of the British rule the practice of the rulers over the three Presidencies was not uniform. In Bengal one of the Regulations, while recognizing the integrity of caste organization, allowed suits for restoration of caste to be entertained by the ordinary courts.¹ It was held that cases of expulsion from clubs or voluntary associations were of an entirely different nature from excommunication from caste.¹ In Bombay, however, the pertinent regulation expressly provides that no court shall interfere in any caste question, "beyond the admission and trial of any suit instituted for the recovery of damages on account of the alleged injury to the caste and character of the plaintiff arising from some illegal act of the other party."² Social privileges of the membership of a caste are held to be wholly within the jurisdiction of the caste. It is only when a complainant alleges that a legal right either of property or of office is violated by his exclusion from the caste that a suit may be entertained by a court of law.³ This autonomy of caste, it is further held, exists only under the law and not against it. Hence caste-proceedings must be according to usage, giving reasonable opportunity of explanation to the person concerned and must not be influenced by malice.⁴