History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c19.212

v2.c19.212

*Kāyastha.*¹⁷⁷ Heated controversies have raged in medieval and modern times about the origin and status of kāyasthas and the bitterness is reflected in the decisions of the Indian courts also. In *Bholanath v. Emperor*¹⁷⁸ the Calcutta High Court held that the kāyasthas of Bengal were śūdras and went so far as to hold that a kāyastha could marry a Dom female. But in *Asita Mohan v. Nirode Mohan*¹⁷⁹ the Privy Council left open the question whether the kāyasthas of Bengal were śūdras. On the other hand in *Tulsi Ram v. Bihari Lal*¹⁸⁰ and in *Ishwari Prasad v. Rai Hari Prasad*¹⁸¹ the Allahabad and Patna High Courts respectively held that the kāyasthas were dvijas and not śūdras. In *Subrao v. Radha* 52 Bom. 497 at p. 504-506 this conflict of decisions is referred to.