History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c21.46
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v2.c21.46
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v2.c21.46.1
In modern times the eradication of the system of untouchability is engaging the minds of great leaders like Mahatma Gandhi whose fast for 21 days for effecting a change of heart among caste Hindus is famous throughout the world. The principal matters of concern to the so-called untouchables or depressed classes are facility for education in schools, removal of restrictions about places of public resort such as public wells, roads, restaurants and eating houses and entry in public temples. A good deal has been done by a few zealous workers from among the higher castes in these respects. The Christian missionaries have been doing good work among the untouchables, but their efforts are mainly devoted to direct or indirect proselytization. The conscience of the educated among the higher castes has been roused. But the total removal of untouchability is yet a matter of the distant future. The greatest draw-back is illiteracy among the masses of India. Hardly twelve per cent of the population are literate. The diffusion of literacy and the spread of the idea of the equality of all men before the law and in public are the only sure solvents of the evils associated with untouchability which have existed for ages. Popular Governments in the provinces are doing what they with their limited resources can do to ameliorate the condition of the untouchables.
v2.c21.46.2
The Government of India Act ( of 1935 ) has given special representation to the Scheduled Castes ( the name given to the depressed classes or untouchables ) in the Provincial and Federal Legislatures of India. The Government of India Scheduled Castes Order of 1936 sets out the names of the numerous scheduled castes in the several provinces of British India. The Provincial Governments have issued circulars to enforce the rule that no discrimination be made against the scheduled castes in places of public resort and have tackled to some extent the question of the entry of untouchables in temples by passing such acts as the Bombay Act XI of 1938 viz. Bombay Harijan Temple Worship (Removal of disabilities Act) and the Madras Temple Entry Authorisation and Indemnity Act of 1939. Much will depend upon the untouchables themselves. As among the caste Hindus, the untouchables also have *inter se* numerous divisions and subdivisions each of which regards itself as superior to several others of them and will not condescend to mix with them in the public or dine with them. They must also throw up from among themselves selfless and capable leaders. This is a vast problem and the appalling evils which have been growing for ages cannot be wholly removed in a day. The leaders of the so-called untouchables also should not make exaggerated claims.
v2.c21.46.3
For the present they should rest content with equality in public places, public services and before the law and at the most entry into public temples. But if they indulge in the tall talk of destroying the caste system at one stroke and requiring that all caste Hindus should dine with them and inter-marry with them, they may find that at least two hundred millions of caste Hindus will be dead opposed to them, and the cause of the removal of the evils of untouchability is bound to suffer a set-back. Besides it should not be forgotten that the amelioration of the condition of untouchables is bound up with the problem of the poverty of the entire rural population of India. It should not be supposed that all the untouchables are the poorest of the poor. I know from personal knowledge that many among certain classes of untouchables like the Mahars and Chambhars of the Deccan are economically better off than the ordinary cultivators in many villages. The *mahars* are hereditary village servants in the Deccan and they recover from every householder bread every day as part of their remuneration or a certain measure of corn from the threshing floor. Vide Grant Duff's 'History of the Marathas' (ed. of 1863 vol. I p. 23) for the *balutedars* (village servants) among whom the *mahar* occupies an important place and Hereditary Offices Act (Bombay Act III of 1874, section 18) for Legislative recognition of their ancient rights.
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The population of untouchables in India has been estimated at various figures from three crores to six crores. The Simon Commission Report (1930) vol. I. p. 40 estimated that there were about 43 millions of untouchables in the whole of India, the criterion adopted being whether pollution by touch or approach within a certain distance is caused. The ratio of untouchables to the total population of India or to the Hindu population varies greatly in different parts of India. The total Harijan (the name given to untouchables by Mahatma Gandhi) population is 14 per cent of the whole population of India. In the Bombay Presidency the ratio of Harijans to Hindus is only about eleven per cent being the lowest of all provinces and States in India, while in Bengal the ratio is about 32 per cent which is the highest in India except in Assam.⁴¹⁸ The High Courts in India have held that the untouchables are included among śūdras for purposes of marriage. Vide *Sohan Singh vs. Kabla Singh* 10 Lahore 372, *Muthusami vs. Masilamani* 33 Mad. 342.⁴¹⁹