6 TELECOS HUSHED UP OVER RS45K CR: CAG

http://www.dailypioneer.com/todays-newspaper/6-telecos-hushed-up-over-rs45k-cr-cag.html#

In what could be a mega scandal, the Comptroller and Auditor-General (CAG) has unearthed under-invoicing of revenue to the tune of over Rs45,000 crore by six telecom companies from 2006 to 2010. The CAG submitted a related report to the President’s Office and the Ministry of Finance in mid-February. The report, which is expected to be tabled in Parliament during the Budget Session, says that due to this massive under-invoicing, the exchequer lost more than Rs12,000 crore in taxes, that does not include penalty for tax evasion.

Given the go-ahead by the Supreme Court and the Delhi High Court, the CAG audited the revenue and expenditure receipts of Airtel, Vodafone, Reliance Communications, Idea, Tata and Aircel.

The auditors decided to undertake this exercise after they came across several cases of discrepancies in revenue calculations of the telecom companies in 2010 when the CAG was preparing the 2G scam report.  Alerted by the auditors, then CAG Vinod Rai ordered auditing of the revenue and expenditure of the six telecom companies.

After they challenged the decision in court, in 2011 Delhi HC asked the six telecom companies to share their accounts with the CAG and passed an order ratifying the CAG’s decision in January 2014. The SC in April 17, 2014, upheld the Delhi HC’s judgment on CAG’s power to audit any entity related to the revenue and expenditure of the Government.

During the audit, which officially started during August 2014, the CAG had called for the records and inspected the offices of all telecom companies.

“We were happy to note that there were several whistleblowers forthcoming to reveal the methods of under-invoicing by the telecom companies. Some companies were maintaining actual and manipulated accounting books and these whistleblowers helped us track down the original revenue earned,” said a senior auditor of the team engaged in the audit of the telecom companies.

According to the auditors, each of the six firms under-invoiced the revenue between Rs6,000 crore and Rs18,000 crore.

“What we noted is the difference in auditing in Government and private sectors. In the Government sector, not many people will come forward to help us, whereas in the private sector several people are forthcoming to expose the frauds to CAG,” he added.

During the 2G scam audit, the CAG found discrepancies in the customer base of the telecom companies and revenue and tax figures. The telecom companies fielded a battery of top lawyers to oppose the CAG in the High Court and the Supreme Court.

The estimated tax evasion figure of over Rs12,000 crore is based on the tax structure and telecom levy norms between 2006 and 2010.

The loss figure does not include the penalty for under-invoicing of revenue.

It is expected that if the Government start acting on the CAG report, the telecom companies might have to pay up to  Rs30,000 crore to the exchequer by way of tax and penalty.

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Shah Bano to Shayara Bano: Supreme Court issues notice in Triple Talaq, Polygamychallenge [Read petition]

http://barandbench.com/shah-bano-to-shayaro-bano-triple-talaq-polygamy-challenged-in-supreme-court-court-issues-notice/

SC

Murali Krishnan February 29, 2016 Litigation News, News

After inviting a lot of attention, both negative and positive, for its remarks in the Sabarimala temple entry case, the Supreme Court has today fired a fresh salvo.

A Division Bench of Justices Anil R Dave and AK Goel issued notice in a petition filed by one Shayara Bano (Petitioner) from Uttarakhand. Bano’s petition challenges the Constitutionality of Muslim practices of polygamy, triple talaq(talaq-e-bidat) and nikah halala.

Senior Advocate Amit Singh Chadha appeared for the petitioner.

Bano’s petition states that she was subject to cruelty, and dowry demands, from her husband and his family. Bano also claims that she was given drugs that “that caused her memory to fade, kept her unconscious”. Eventually, these drugs made her “critically ill” at which point her husband divorced her by triple talaq.

Besides challenging the divorce deed, the petitioner has challenged the Constitutionality of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 in so far as it seeks to recognise and validate polygamy, triple talaq (talaq-e-bidat) and nikah halala.

She has also challenged the Dissolution of Muslim Marriages Act, 1939 in so far as it fails to provide Indian Muslim women with protection from bigamy.

Bano argues that such practices have reduced women to mere chattels, and such practices don’t have a place in a progressive society. She has also contended that such practices are propagated, supported and authorised by imams, maulavis etc. who grossly misuse their position, influence and power.

On polygamy

The petitioner has likened polygamy to Sati contending that it is a problem which poses serious health, economic, moral and emotional risks.

“Polygamy is another practice that has been recognised as an evil plague similar to sati and has also been banned by law in India for all but Muslim citizens….

A perusal of the decisions of this Hon’ble Court in Prakash v. Phulavati (supra), Javed and Others v. State of Haryana and Others, (2003) 8 SCC 369, and Smt. Sarla Mudgal, President, Kalyani and Others v. Union of India and Others, (1995) 3 SCC 635 illustrates that the practice of polygamy has been recognised as injurious to public morals and it can be superseded by the State just as it can prohibit human sacrifice or the practice of sati.”

She has contended that in India, polygamy was traditionally followed by adherent of other religions as well but the same was prohibited “not only because laws dealing with marriage are not a part of religion, but also because the law has to change with time and ensure a life of dignity unmarred by discrimination on the basis of gender.”

“It has been noted in Smt. Sarla Mudgal (supra) that bigamous marriage has been made punishable amongst Christians by the Christian Marriage Act, 1872 (No. XV of 1872), amongst Parsis by the Parsi Marriage and Divorce Act, 1936 (No. III of 1936), and amongst Hindus, Buddhists, Sikhs and Jains by the Hindu Marriage Act, 1955 (No. XXV of 1955). However, the Dissolution of Muslim Marriages Act, 1939 does not secure for Indian Muslim women the protection from bigamy which has been statutorily secured for Indian women belonging to all other religion…”

Bano has contended that “a ban on polygamy has long been the need of the hour in the interest of public order and health.”

On triple talaq (talaq-e-bidat) and nikah halala

Talaq-e –bidat includes a Muslim man divorcing his wife by pronouncing more than one talaq in a single tuhr (the period between two menstruations), or in a tuhr after coitus, or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).

Bano says that the practice of talaq-e-bidat (unilateral triple-talaq) is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of Islamic faith.

“..according to various noted scholars. Many Islamic nations, including Saudi Arabia, Pakistan, and Iraq, have banned or restricted such practice, while it continues to vex the Indian society in general and Indian Muslim women like the Petitioner in particular. It is submitted that the practice also wreaks havoc to the lives of many divorced women and their children, especially those belonging to the weaker economic sections of the society….

According to many scholars, talaq-e-bidat is not a form of divorce recognised in the Holy Quran as the Holy Book provides for reconsideration and reconciliation before recognising divorce as irrevocable. Noted Islamic scholars like Asghar Ali Engineer have opined that talaq-e-ehsan, in which a married Muslim couple is given three months to separate if they wish, and also offers an opportunity to reconcile their differences, is the only acceptable and valid form of talaq.”

Bano has submitted that the practice of talaq-e-bidat and divorce of a woman without proper attempt at reconciliation violates the basic right to live with dignity of every Muslim woman. She cites the fact that many Muslim women have been given talaq over Skype, Facebook and even text messages.

“Muslim women have their hands tied while the guillotine of divorce dangles, perpetually ready to drop at the whims of their husbands who enjoy undisputed power. Such discrimination and inequality hoarsely expressed in the form of unilateral triple-talaq is abominable when seen in light of the progressive times of the 21st century. Further, once a woman has been divorced, her husband is not permitted take her back as his wife even if he had pronounced talaq under influence of any intoxicant, unless the woman undergoes nikah halala which involves her marriage with another man who subsequently divorces her so that her previous husband can re-marry her.”

Article 25 not absolute

She has submitted that the freedom to practice and propagate religion guaranteed by Article 25 is not absolute but is subject to public order, morality and health.

“It is submitted that a harmonious reading of Part III of the Constitution clarifies that the freedom of conscience and free profession, practice and propagation of religion guaranteed by Article 25 is subject to the fundamental rights guaranteed by Articles 14, 15 and 21. In fact, Article 25 clearly recognises this interpretation by making the right guaranteed by it subject not only to other provisions of Part III of the Constitution but also to public order, morality and health…”

She has, therefore, contended that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937in so far as it seeks to recognise and validate talaq-e-bidat as a valid form of divorce and the practices of nikah halala and polygamy, is void and unconstitutional.

Legislature has failed, UCC an elusive Constitutional goal

The petitioner has not held back while taking a dig at the Legislature for failing to secure the rights of Muslim women.

“It is submitted that the Legislature has failed to ensure the dignity and equality of women in general and Muslim women in particular especially when it concerns matters of marriage, divorce and succession. Despite the observations of this Hon’ble Court for the past few decades, Uniform Civil Code remains an elusive Constitutional goal that the Courts have fairly refrained from enforcing through directions and the Legislature has dispassionately ignored except by way of paying some lip service…..”

She has, therefore, submitted that the issue of gender discrimination against Muslim women under Muslim personal laws, specifically the lack of safeguards against arbitrary divorce and second marriage by a Muslim husband during currency of first marriage notwithstanding the guarantees of the Constitution, needs to be examined by the Supreme Court.

Prayers

The petitioner has, inter alia, sought the following reliefs:

declaring Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 unconstitutional and violative of Articles 14, 15, 21 and 25 of the Constitution in so far as it seeks to recognise and validate talaq-e-bidat (triple-talaq), polygamy and nikah halala;
declaring the Dissolution of Muslim Marriages Act, 1939 unconstitutional and violative of Articles 14, 15, 21 and 25 of the Constitution in so far as it fails to secure for Indian Muslim women the protection from bigamy which has been statutorily secured for Indian women belonging to other religions;
declare talaq-e-bidat (triple-talaq), polygamy and nikah halala as unconstitutional.
The Court issued notice to the Central government, Ministry of Minority Affairs and the petitioner’s husband and tagged the case along with the suo moto petition already being heard by the Court. The suo moto petition was registered by the Supreme Court last year after a Bench had taken cognizance of the discrimination faced by Muslim women in the personal sphere relating to marriage and divorce.

Read the petition. (Click here to download)

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CASTE AND VARNA – Part 3

Origin of caste.

Castes rise and fall in social scale, and old castes die out and new ones are formed, but the four great classes (varna) are stable.

They are never more or never less than four of these varnas. And for over 2,000 years their order of precedence were not altered.

(Bhasham in p. 148) says as follows:

“Caste is defined as a system of groups within the class, which are normally endogamous, commmensal and caste exclusive.”

“We have no real evidence of its existence until comparatively late times.”

TRUTH OF TRUTH IS THAT CASTES DID NOT ORIGINATE FROM 4 VARNAS.

It is impossible to show its origin conclusively, and we can do little more than faintly trace its development, since early literature paid scanty attention to it; but it is practically certain that the caste DID NOT originate from the four classes.

The Brahman gotras which go back to Vedic times are not castes, since the gotras are exogamous, and members of the same gotras are to be found in many castes. (Bhasham p. 148)

Max Weber noted the European trade guilds had all the features of modern Hindu castes, including even untouchability.

Hence it is quite possible that many of the modern Indian castes were trade guilds during the mediaval period.

With passage of time the trade guilds adopted colors of caste.

Basham explains how caste didn’t exist in India before Muslim period (Medieval Age).

Bhasham also explains how it originated from tribes & guilds during Muslim period of Indian history.

In late medieval times the final caste division took place as exogamy couldn’t work.

Bhasham wrote in his celebrated work – “The wonder that was India” as follows:

“It was only in late medieval times that it was finally recognized that exogamy and sharing meals with members of other classes were quite impossible for respectable people. These customs and many others such as widow-remarriage, were classed as kalivarjya — customs once permissible, but to be avoided in this dark Kali Age, when men are no longer naturally righteous.” (p. 148).

“…In attempting to account for the remarkable proliferation of castes in 18th – and 19th – century India, authorities credulously accepted the traditional view that by a process of inter marriage and subdivision the 3000 or more castes of modern India had evolved from the four primitive classes, and the term ‘caste’ was applied indiscriminately to both varna or class and jati or caste proper. This is a false terminology; castes rise and fall in social scale, and old castes die out and new ones are formed, but the four great classes are stable. They are never more or less than four, and for over 2,000 years their order of precedence as not altered. … If caste is defined as a system of groups within the class, which are normally endogamous, commensal and caste exclusive, we have no real evidence of its existence until comparatively late times.”(p. 148).

“…It is impossible to show its origin conclusively, and we can do little more than faintly trace its development, since early literature paid scanty attention to it; but it is practically certain that the caste did not originate from the four classes. Admittedly it developed later than they, but this proves nothing. There were subdivisions in the four
classes at a very early date, but the Brahman gotras, which go back to Vedic times, are not castes, since the gotras are exogamous, and members of the same gotras are to be found in many castes.” (p. 148).

“…Many trades were organized in guilds, in which some authorities have seen the origin of the trade castes; but these trade groups cannot be counted as fully developed castes. A 5th century inscription from Mandsore shows us a guild of silk-weavers emigrating in a body from Lata (the region of the lower Narmada) to Mandsore, and taking up many other crafts and professions, from soldiering to astrology, but still maintaining its guild consciousness. We have no evidence that this group was endogamous or commensal, and it was certainly not craft-exclusive, but its strong corporate sense is that of a caste in the making.” (p. 149)

“…Indian society developed a very complex social structure, arising partly from tribal affiliations and partly from professional associations, which was continuously being elaborated by the introduction of new racial groups into the community, and by the development of new crafts. In the Middle Ages the system became more or less rigid, and the social group was now a caste in the modern sense. Prof J.J. Hutton has interpreted the caste system as an adaptation of one of the most primitive of the social relationships, whereby a small clan, living in a comparatively isolated village, would hold itself aloof from its neighbors by a complex system of taboos, and he has found embryonic caste features in the social structure of some of the wild tribes of present-day India. The caste system may well be the natural response of the many small and primitive peoples who were forced to come to terms with a more complex economic and social system. It did not develop out of the four Aryan varnas, and the two systems have never been thoroughly harmonized” (p. 149-150).

“Equalitarian religious reformers of the middle ages such as Basava, Ramanand, and Kabir tried to abolish caste among their followers; but their sects soon took characteristics of new castes.” (p. 151)

Romila Thapar had changed her racist theory narrating a false Aryan invasion theory. Listen to Premedra Prayadarshi’s monumental treatise.

Premendra Priyadarshi points out that Romila Thapar earlier subscribed to the racist theory of Indian castes, that the original Indians were subordinated by invading Aryans into lower castes and the Aryans placed themselves in the top castes, however, she changed her mind later and found that castes originated from guilds and tribes. (Thapar 2003: 422).

Romila Thapar earlier (1966) used caste to denote varna and sub-caste to denote jati. But in her latest book she uses the terms varna and jati in English also, and avoids the word caste at most of the places. Thapar wrote: “However, there have been other ways of looking at the origins and functioning of caste society. A concept used equally frequently for caste is jati. It is derived from a root meaning ‘birth‘, and the number of jatisare listed by name and are too numerous to be easily counted. The hierarchical ordering of jatis is neither consistent nor uniform, although hierarchy cannot be denied. The two concepts of jati and varna overlap in part but are also different…But it can also be argued that the two were distinct in origin and had different functions, and that the enveloping of jati by varna, as in the case of Hindu castes, was a historical process…The origin of varna is reasonably clear from the references in the Vedic corpus…The genesis of the jati may have been the clan, prior to its becoming a caste.” (p. 63)

“There are close parallels between the clan (tribe) as a form of social organization and the jati.” (p. 64, bracket added) (Thapar, Romila; The Penguin History of Early India from the Origins to AD 1300, Penguin Books India, New Delhi, 2002 reprint 2003).

It is on record that many of the Brahmana castes and Rajput caste are products of mobility of clan and tribes (and later, of castes).

Thapar notes this phenomenon in the following words:

“The temple could also act as a conduit of social mobility. In coastal Andhra, a large herd of cows was donated to Draksharama temple. The herd was …cared for by the local Boya tribal community. In the course of time, and because they were looking after the temple property, these Boyas rose in status from from outcasts to shudras. As shudras they entered the lower echelons of administration and gradually some attained high office.” (p. 390).

“A number of new groups entered the established hierarchy of castes. Perhaps most visible were the new kshatriya castes. They were open to those who had acquired political authority and could claim the status through genealogy or an appropriate marriage alliance. Other than those claiming connection with existing kshatriya castes, they were grantees in category of samantas or chiefs that had been inducted into the caste society…By the end of this period, designations such as rauta, ranaka, thakkura and such like were available to those who had received grants of land and became grantees.” (Thapar, Ibid ., p. 462).

Thapar (2003:66) also holds identical views about origin of castes from guilds, tribes and religious sects:

“The conversion from tribe or clan to caste, or from jana to jati as it is sometimes called, was one of the basic mutations of Indian social history..” (p. 66)

“The conversion of clan to jati was not the only avenue to creating castes. Since caste identities were also determined by occupations, various professional associations, particularly urban artisans, gradually coalesced into jatis, beginning to observe jati rules by accepting a social hierarchy that defined marriage circles and inheritance laws, by adhering to common custom and by identifying with a common location.Yet another type of jati was the one that grew out of a religious sect that may have included various jatis to begin with, but started functioning so successfully as a unit that eventually it too became a caste. A striking example of this is the history of the Lingayat caste in the peninsula.” (p. 66)

Basham‘s finding that the Hindu caste system became fully developed only during the late Middle Ages, corroborates well with similar findings by other investigators. Raghuvanshi noted that the travellers of the early Medieval Period were silent on the complex caste structure of the society, but by the time of the later Mughals, the institution of caste had grown to maturity, and its ramifications into sub-castes were numerous. ( Raghuvanshi, V.P.S., Indian Society in the Eighteenth Century)

Romila Thapar’s Changed Views on the Origins of Caste:

Romila Thapar earlier subscribed to the racist theory of Indian castes, that the original Indians were subordinated by invading Aryans into lower castes and the Aryans placed themselves in the top castes. However, Thapar changed her mind and now finds that castes originated from guilds and tribes (Thapar 2003: 422). Historians took longer to understand origin of caste because, as Srinivas had rightly pointed out, many of the Indians can actually never understand the difference between varna and caste.

Romila Thapar earlier (1966) used caste to denote varna and sub-caste to denote jati. But in her latest book (2002, reprint 2003) she uses the terms varna and jati in English also, and avoids the word caste at most of the places. Prof Basham also had strongly discouraged the use of word ‘caste’ to mean ― varna, and Srinivas had also held similar views.

Thapar writes:

“One of the current debates relating to the beginning of Indian history involves both archeology and linguistics, and attempts to differentiate between indigenous and alien peoples. … To categorize some people as indigenous and others as alien, to argueabout the first inhabitants of the subcontinent, and to try and sort out these categories for the remote past, is to attempt the impossible. (p.xxiv)

Thapar continues:

“It was not just the landscape that changed, but society also changed and often quite noticeably. But this was a proposition unacceptable to colonial perceptions that insisted on the unchanging character of Indian history and society. (p. xxiv)

“That the study of institutions did not receive much emphasis was in part due to the belief that they did not undergo much change: an idea derived from the conviction that Indian culture had been static, largely owing to the gloomy, fatalistic attitude to life. (p. xxv)

Again Thapar says:

“The formation of caste is now being explored as a way of understanding how Indian society functioned. Various possibilities include the emergence of castes from clans of forest dwellers, professional groups or religious sects. Caste is therefore seen as a less rigid and frozen system than it was previously thought to be, but at the same time this raises a new set of interesting questions for social historians. (p. xxvii)

“However, there have been other ways of looking at the origins and functioning of caste society. A concept used equally frequently for caste is jati. It is derived from a root meaning ‘birth’, and the number of jatis are listed by name and are too numerousto be easily counted. The hierarchical ordering of jatis is neither consistent nor uniform, although hierarchy cannot be denied. The two concepts of jati and varna overlap in part but are also different…But it can also be argued that the two were distinct in origin and had different functions, and that the enveloping of jati by varna,as in the case of Hindu castes, was a historical process…The origin of varna is reasonably clear from the references in the Vedic corpus…The genesis of the jati may have been the clan, prior to its becoming a caste. (p.63).

“There are close parallels between the clan (tribe) as a form of social organization and the jati. (p. 64) Thus we have noted views of Hutton, Basham and Thapar that the caste system did not originate from the ancient Hindu varna system. It is on record that many of the brahmana castes and Rajput caste are products of mobility of clan and tribes (and later, of castes).

Thapar notes this phenomenon in the following words:

The temple could also act as a conduit of social mobility. In coastal Andhra, a largeherd of cows was donated to Draksharama temple. The herd was …cared for by the local Boya tribal community. In the course of time, and because they were looking after the temple property, these Boyas rose in status from from outcasts to shudras. As shudras they entered the lower echelons of administration and gradually some attained high office. (p. 390).

A number of new groups entered the established hierarchy of castes. Perhaps most visible were the new kshatriya castes. They were open to those who had acquired political authority and could claim the status through geneology or an appropriate marriage alliance. Other than those claiming connection with existing kshatriya castes, they were grantees in category of samantas or chiefs that had been inducted into the caste society…By the end of this period, designations such as rauta, ranaka, thakkura and such like were available to those who had received grants of land and became grantees. (Thapar, Ibid ., p. 462).

In this way the tribe is a local group whereas caste is a social group.

The study of a Central Himalayan tribe Tharu reveals that though they have a tribal matrix and continue to practice certain distinctive tribal customs, richer elite among them have a tendency to claim kshatriya-hood and may possibly merge into Rajputs. One such example is the landed peasantry Tharus of Champaran district of Bihar in India.

A largesection of Tharu tribe has named itself Rana Tharu. Rana is the feudal aristocratic Rajput caste of Nepal and also in Rajasthan state of India. Thus affluent among the Tharus have been placed at a higher level in the caste hierarchy. Khasa is another Himalayan tribe, which has been accepted as a Rajput (upper caste) in the Hindu caste society of Uttarakhanda state of India.

In fact conversion of tribals into Rajput was such a general feature that Sinha coined the concept of Rajput-Tribe Continuum. Thus Bhumij, Munda and Gond tribes of Central Inida were able to establish their kingdoms (Munda Raj in Chotanagpur; Bhumij state in Barabhumand Raj Gond state of Gondwana), which added to their claims of Kshatriya status, and often melting into the Rajput caste by specific groups of these tribes.

Other Authors on Conversion of Tribes into Castes are given below:

In this context, von Furer-Haimendorf examines the case of Gond tribe. He finds that this tribe cleared the forests, and settled on the land as farming tribe. Later others (non-Gonds)came into the area. Yet with passage of time, although the Gonds are tribes till date, yet arevery near to an upper caste in the spectrum. He notes: “Even the mainstream Hindu immigrant populations see Gonds as having attributes of purity. If a Hindu is asked how he evaluates the Gonds‘ status in varna system, he will say that Gonds … must therefore be considered as high castes.”

Many Gonds were indeed able to enter Hindu caste system as a Rajput (upper caste) clan. Max Weber too noted that when an Indian tribe loses its territorial significance it assumes.

William Crooke quotes from Risley that Rajput‘s development from original tribes can be with more or less confidence be assumed. He notes that often Bhil or Gond tribal man becomes leader of his sept and claims to be a Rajput sept. He is not at once admitted into the matrimonial fold of the Rajputs, but if he is rich enough and persistent in his claim, this boon is granted sooner or later. As a result of this constant conversion of tribes into Rajputs,Rajput became the single largest caste of India with widest territorial distribution. Trend to become Rajput was most marked during the Muslim period. It is because in any feudalarchy,it is the feudal caste which wields maximum power, respect and avenues. Purity of blood and supremacy of lineage are powerful ideologies during feudal period. Muslim period of India was the Golden Age of feudalism, and Dark Age for knowledge and capitalism.

William Crooke too noted this relationship between tribes and the Rajputs (an upper caste). “Dravidian Gond(tribe) were enrolled as Rajputs.” “Raja of Singrauli was a pure Kharwar (tribe), but became a banbansi Kshatriya during the life of the author.” “Col Sleeman gives the case of an Oudh Pasi who became a Rajput…”. “The names of many septs (of Rajputs), as Baghel, Ahban, Kalhans, and Nagbansi, suggest a totemistic origin, and Nagbansi suggests a totemistic origin which would bring them in line with the Chandrabanshi, who are promoted Dravidian Cheros and other similar septs of undoubtedly aboriginal race.

Kharwar is a tribe. Many Rajput (upper caste Hindu) dynasties have been said to belong to Kharwar group. Apart from the ones mentioned by Crooke, there is documentary evidence of Kharwar Rajput in Mirzapur, which revolted in 1857.

More such relations between tribes and Rajputs have been noted by Sadasivan from records of older authors, “Dr Francis Buchanan upon evidence states that the Pratihara Rajputs of Sahabad are descendants of tribe of Bhars. ‘Chandels’ observes Vincent Smith ‘who appear to have their descent from the Gonds closely connected with another tribe the Bhars, first carved out a petty principality near Chhatrapur’. Sir Denzil Ibbetson is also almost certain that the so called Rajput families were aboriginal, and he instanced the Chandels. ‘Recent investigation has shown’ writes H. A. Rose (A Glossory of Tribes and Castes of the Punjab and the North-West Province) that the ‘Pratihara’ (Parihar) clan of the Rajputs was really a section of the Gujars and other fireborn Rajput clans, Solanki (Chalukyas), Punwars (Paramaras), Chauhans (Chahumanas or Chahuvamsha) must be assigned similar origin”.

Views of Srinivas on Origin of Castes from Tribes:

Srinivas gave a very well studied view of caste tribe relationship:

“The category of Shudra subsumes, in fact, the vast majority of non-Brahminical castes which have little in common. It may at one end include a rich, powerful and highly Sanskritized group while at the other end may be tribes whose assimilation to Hindu fold is only marginal. The Shudra-category spans such a wide structural and cultural gulf that its sociological utility is very limited.”

“It is well known that occasionally a shudra caste has, after the acquisition of economic and political power, Sanskritized its customs and ways, and has succeeded in laying claim to be kshatriyas. The classic example of the RajGonds, originally a tribe, but who successfully claimed to be kshatriyas after becoming rulers of a tract in Central India, shows up the deficiency of the varna-classification. The term kshatriya, for instance, does not refer to a closed ruling group which has always been there since the time of the Vedas. More often it refers to the position attained or claimed by a local group whose traditions and luck enabled it to seize politico-economic power.”(pp. 65-66). – Srinivas.

“But in Southern India the Lingayats claim equality with, if not superiorityto the Brahmin, and orthodox Lingayats do not eat food cooked or handled by the Brahmin. The Lingayats have priests of their own caste who also minister to several other non-Brahmin castes. Such a challenge to the ritual superiority of the Brahmin is not unknown though not frequent. The claim of a particular caste to be Brahmin is, however, more often challenged. Food cooked or handled by Marka Brahmins of Mysore, for instance, is not eaten by most Hindus, not excluding Harijans.” (Ibid. p. 66) – Srinivas

“It is necessary to stress here that innumerable small castes in a region do not occupy clear and permanent positions in the system. Nebulousness as to position is of the essence of the system in operation as distinct from the system in conception. The varna-model has been the cause of misinterpretation of the realities of the caste system. A point that has emerged from recent field-research is that the position of a caste in the hierarchy may vary from village to village. It is not only that the hierarchy is nebulous here and there, and the castes are mobile over a period of time, but the hierarchy is also to some extent local. The varna scheme offers a perfect contrast to this picture.”(Ibid,p. 67). – Srinivas

In some countries (like Arabic speaking and other Muslim countries) caste word is not used by English language authors and media and instead ‘tribe’ word isoften used. In these situations ‘tribe’ often means a caste and nothing else. Though caste exists as an entity in these Muslim nations too, yet its existence is denied by English media by resorting to use of the word ‘tribe’ instead of caste. This is done deliberately to reserve the use of the word caste “exclusively” for India.

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CASTE AND VARNA 2

1. In a caste system, phrases like ‘son of a Kayastha’ or ‘son of a Gujjar‘ etc are not used because son of a Kayastha is a Kayastha and son of a Gujjar is also a Gujjar.

2. Therefore calling Karna in Mahabharata as suta-putra or son of a Suta (stable keeper) cannot be called a caste oriented insult.

3. Arjuna refused to fight with Karna, even though he was kshatriya but because he was not a prince.

4. Dharma is that a prince should not fight a subject and the that the subject should obey the king/prince.

5. Besides suta is not a caste. Karna was indeed a kshathriya and not a suta (charioteer), even though he was son of a suta.

6. The matter is further proved when we find that Karna is appointed the king of Anga, and later the Commander in Chief of the Kaurava.

7. After years of age people embraced sannyasa as also many directly from Brahmacharya. Sannyasis have no varna.

8. At one time majority entering Sanyasa Ashrama lived outside varna system. Still they were part of Aashrama Dharma.

9. This is in contrast with the caste system in which caste is thrust on to the individual at birth and it does not leave him till death.

10. Secular idea was Hindus were within the grips of caste system, which Buddha disliked, and started a new religion to end caste discrimination.

11. Buddha, they allege, criticized Brahmanas and it was because of this that most of the masses consisting of lower castes converted to Buddhism.

12. Such claims of Buddha vs Brahmins have no basis, and they are products of fertile brains.

13. Buddha never claimed departure from the Sanatana Dharma (Esa Dhammo Sanatano – Thus is the Sanatana Dharma – Dhammapada).

14. At the time of Buddha, brahmanas were a class, not by birth, but by education and profession. Buddha indeed spoke very highly of the brahmanas.

15. Buddha described the characters of an ideal brahmana which is in consonance with the charecters of brahmanas described by Hindu scriptures.

16. Of all the classes of people, Buddha selected the Brahmana alone to declare that “no one should ever hurt a Brahmin”.

17. Buddha rated service to Brahmana at par with serving the parents. (atho brahmannata sukha; Dhammapada, ).

18. Some translations give meaning of this verse (atho brahmannata sukha; Dhammapada, ) as―it is a blessing to be a brhamana.

19. The hereditary caste system did not exist at the time of Buddha, otherwise he must have condemned it.

20. Later Buddhists too supported the varna system, yet they claimed that Kshatriya was highest varna & Brahmana was below that (Basham:).

21. In Jataka Kathas, written by Buddhist monks, Buddha (Bodhisattva) was almost always born in either a brahmana family or a kshatriya family.

22. Let me bring out the absence of Caste in Post-Vedic Ancient Period.

23. Tenth century Jain poet and historian Pushpadant in his Mahapurana says that there were four varnas during his times (10th century AD),1/2

24. which were not based on birth, but on the duty one performed in his life. 2/2

25. Basham noted that Huen Tsang in the 7th century was well aware of the four varnas, and also mentioned many mixed varnas by marriage.

26. It however did not affect the varna system for none inherited a varna by birth. Neither was there a compusion to die in a varna.

27. A person taken on a varna on his mental inclination but wud’nt change it for the fun of it. He can abandon it for non-varna by assuming sanyasa.

28. Al-Biruni did not get three or four thousand castes in India in c. A.D., but found only four varnas.

29. VarNa classification did not apply to children, widows & sanyasis. So majority were outside varNa dharma in our system.

30. Impact of one’s varNa on society happens only when the person has a role to play such as profession or productive family role.

31. Children, students, widows, retirees, ascetics do not have productive role in society so varNa dharma cannot apply to them. They form majority.

32. Varna dharma apply only to householder who is called Grihastha. So focus of varna dharma is Grihasthasrama dharma.

33. Though kanchi Sankaracharya, Baba ramdev & Swami Vivekananda have no varNa. casteists brand them as Brahmin, Yadhav & Kayastha respectively.

34. Al Bruni said a years ago that he found no evidence of endogamy, the key component of caste.

35. Arthasasthra clearly states even a Shudhra cannot b made a slave. Human chattel was a key component of western caste system.

36. Megasthanes declared there were no slaves in India.

37. Slave trade started only in the th century after Turko-Afghan occupation of India.

38. Slave markets in Delhi appeared from the accounts of Barnani which is as recent occurance by alien occupiers & not indigenous.

39. Absence of slaves, rudimentary market economy & freedom of movement of people in India indicate far advanced economic system vs feudal west.

40. Thus contrary to allegation and propaganda Medieval Hindustan was egalitarian.

41. All classes had lived respecting each other. If any author had made disparaging remarks, it wont indicate social trend but of individual.

42. Those remarks of ill-will between different classes may as well be later day insertions of wicked persons.

43. In fact slave trade started in India only after Turko-Afghan occupation of India.

44. And for the first time in 13th century, slave markets at Delhi appears from the accounts of Barani.

45. It may be understood that original Indian population must have consisted of innumerable tribes based on territoriality.

46. As civilization evolved, tribes were drawn into larger regional civilizations (like Mehrgarh or Harappa).

47. It was only after a level of civilization had been achieved, that people were considered as classes. Vedas mention these classes.

48. The oldest verses of Rig-Veda mention only two classes, brahmana and rajanya (or kshatriya).

49. The other two (vaishya and shudra) appear only in the last mandal, ie Mandala 10.

50. This indicates that these latter classes were products of increasing civilizational complexity in production, industry and trade.

51. If we accept Vedic timeline of Kazanas, the shudra varna (not caste) became prominent during Indus Civilization according to Premendra Priyadharshi.

52. Appearance of Vaishya & Sudhra correspond to the period of Atharvana Veda (Premendra Priyadharshi)

53. Although varnas were only few, Vedas always mentioned a large number of vedic tribes(called jana) like Kuru, Puru, Bharata, Panchala etc.

54. These tribes had local territories of origin. Each tribe later developed its brahmana, khshatriya & other classes depending on profession.

55. Vedic values laid stress on forgetting inter-tribal (or inter-jana) rivalry, and encouraged gotra-exogamy.

56. Gotra-exogamy led to establishing inter-jana relationships, and a stronger feeling of Indian identity.

57. Gotra-exogamy lead to weakening of jana identity or tribal identity, until advent of Islam.

58. Islam terminated the Vedic customs in India and the beginning of endogamy (marriage within group) the main feature of caste.

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CASTE AND VARNA 1

1. There are people who have the fancy to say Casteism is the bane of Hinduism and in turn blame it on our Dharma.

2. Is it really true that casteism is a product of our Dharma?

3. Many people, actually almost 100% dont know what is a caste! They know caste is a barrier but have no clue beyond that.

4. Caste is endogomous meaning you are born into a caste. It means you are of the same caste as your parents.

5. Caste is compartmentalized. It means you follow the profession of your father and if you try someone else’s job they will resist.

6. You have to marry within your caste which means the caste walls are secure and no one breached it.

7. Caste dictates a barber has to marry a barber’s daughter and any violation is strictly dealt with.

8. This compartmentalization has created conflict between SC and MBC, between MBC and OBC and between OBC and BC and between BC and FC.

9. In caste system you have option on what you can learn, what you can practice and what you can enjoy.

10. How many can clearly articulate in a dispassionate, objective and logical way that the castes tend to stay as it is?

11. How many have clearly understood what is it that sustains the caste system and what will tend to destabilize it?

12. The anti-Hindus blame it on Hindus so they will benefit out of the destruction of Hinduism. But are they right?

13. Those who decry casteism as a curse of Hinduism are ignorant ones for they do not know that casteism comes back to lives in their remedy!

14. All secular, democratic countries are rampant with casteism, and wage slavery. Purushartha is unheard of in secularism.

15. If I say our Dharma is the anti-thesis of casteism it will startle some for they have been ingrained with a lie in their very being.

16. People today are products of British and of their successor the Congress with their lies and distortions of our society.

17. I want the people who were misled on the question of caste as a Hindu heritage to use their buddhi to redeem themselves.

18. True abolition of Caste is possible only by refusing all incentives to remain in the caste such as BC, OBC, SC etc.

19. I will also explain that going back to our Varnasrama Dharma alone guaranteed total freedom not compartmentalization of castes.

20. Caste had never been a Hindu thinking. Linguistically too, we find no word for ‘caste’ in any of the native languages of India.

21. I want to repeat this again and again!

22. Caste had never been a Hindu thinking. Linguistically too, we find no word for ‘caste’ in any of the native languages of India.

23. Max Weber also holds that the Vedic varnas were not castes.

24. Romila Thapar too opines, on the basis of her more recent studies, that varna is not caste and it is the word jati which represents caste.

25. In Bengali and Assamese, jati means ‘nation’, and not caste.

26. The word jati therefore meant nation before caste system was established in India.

27. Using a native word for a foreign meaning is a secular perversion inherited from the English.

28. Tamil, Bodo, Dimasa, Naga, Khasi, Tripuri, Santal, Kurukh and many other languages use the word jati to mean ‘tribe’.

29. Only foreigners had castes among them. Persian Zat (also in Pushto) meaning caste got imported into India along with the Muslims.

30. Word zat is Pushto, where it means caste. Bad-zat means born in low caste.

31. Because any Bharathiya language does not have letter z it became Jat.

32. Another word meaning caste today in North India is biradari which too is Persian in origin.

33. Jat & Biradari words came to India with Muslims.

34. That means currently used Indian word for caste jati is a product of derivation from Persian zat

35. It, zat or jat, is not the same word as Sanskrit jati.

36. Al-Biruni, who visited India in about 1000 AD was Persian.

37. He used zat for caste & noted that Hindus used the word varna & took it for caste.

38.The fact that caste was absent from early Indian society, was noted by no less a person than Bhim Rao Ambedkar.

39. प॒द्भ्याग्ं शू॒द्रो अ॑जायतः The association laboring people with feet of divine is also to be taken with our worship of feet of the divine.

40. Shudras were certainly revered in the Vedic society and explicitly mentioned in Vedic hyms.

41. Veda salutes carpenters, cart-makers, pottery-makers, blacksmiths, bird-hunters, fishermen, bow-makers, hunters.

42. And even dog-eaters in the hymns!

43. नमः पुञ्जिष्टेभ्यो निषादेभ्यश्च वो नमो – We salute the bird-hunters and the nishada (fishermen) [i.e.tribal people]

44. नम इषुकृद्भ्यो धन्वकृद्भ्यश्च वो नमो – We salute the arrow-makers and the bow-makers (artisans).

45. नमो मृगयुभ्यः श्वनिभ्यश्च वो नमो – We salute those who live by hunting animals, and we salute those who survive on dogs.

46. These are from Krishna Yajurveda (Taittiriya Samhita). Similar verses are to be found in Shukla Yajur Veda too.

47. The hard work of the shudras was considered with tapa or worship and this has been acknowledged in the Veda.

48. Shatapatha Brahmana says: “तपसे शूतप एव तत् तपसा समर्ध्यत्येवमेत देवता….” meaning follows.

49. Shudras are like taporupa, ascetics, their hard work increases the wealth and tapas of society.

50. Kunal (2005) provides a large compilation of mantras expressing respect for the shudras from ancient Hindu texts like the Vedas, the Purana.

51. Our Smrithis and PuraNas remained unwritten and transmitted by word of mouth. Only got written down between 7th & 11th century.

52. The Apastamba Sutra gives due respect to the working classes by stating that the knowledge of the shudras is equivalent to the Atharva Veda

53. The skills of the shudras were considered at par in status with the skills of the brahmanas in Apastamba Dharma Sutra.

54. In the Mahabharata Rishi Parashara compares shudras with God Vishnu, and explains this to king Janaka, both of whom were great scholars.

55. वैदेह! कं कं शूद्रं उदहरन्ति द्विज महाराज श्रुतोपपन्नः | अहं हि पश्यामि नरेन्द्र देवं जगतः प्रधानं ||

56. O Vaideha, the brahmin scholars of Vedas compare the shudras with Brahma; but I see the shudras as the Lord of the world, God Vishnu.

57. कं is Brahma as explained in the Shatapatha Brahmana 2.5.2.13: “कं वै प्रजापतिः ”

58. We find Nishada-gotra Brahmana mentioned by Panini. So to say Nishadas are sudhras is wrong.

59. In all likelihood, Ekalavya would have become a Nishada-gotra Kshatriya had he been allowed to pursue archery.

60. Because Drona did not refuse to teach Ekalavya saying giving any such false reason that he is not a kshatriya.

61. Drona simply exercised his right to refuse to teach as no one has a right to demand that he be taught.

62. Varna has two components – Guna and Karma. It is called गुण कर्म विभागं – a divison made of Guna and Karma.

63. If you talk of a person only on the basis of his occupation then it is caste. Caste do not know of Guna.

64. You are born not arbitrarily as the bible says. You are born to enjoy and suffer your poorva karma that you did not enjoy.

65. In order to enjoy and suffer your poorva karma you are given the kind of body and mind conducinve to enjoy poorva karma.

66. Guna brings you the body and mind condusive to enjoy and suffer the poorva karma. Such body could be any living being.

67. One’s Guna does not change though he changes his profession. He enjoys and suffers poorva karma inrrespectively.

68. Guna tells you a person, a human, is adept in one of four powers: Knowledge, weapon, wealth and labor.

69. Geetha tells you that that if a person weilds more than one power in his hands then he will become a dictator.

70. So people with these four powers were never allowed to pursue other’s positions while keeping his own.

71. Such pursuit can an does take place by making others work for your fancy.

72. Guna is not inherited from parents only caste and its occupation is inherited.

73. A person’s Guna comes from his previous births and nothing to do with parents.

74. Guna is the basis of the Varna and no other.

75. So a parent can give birth to children of all four varnas.

76. The mother breast feeds her children who are Brahmanas, kshathriyas, vaisyas and sudhras.

77. The siblings belonging to the four varnas sit together and eat and play and hug, cry and laugh at each other.

78. Untouchability is unheard of in our Vedic Dharma. It is simply impossible to have such a nonsense.

79. Under our Vedic Varna system a person born to a parent do not necessarily follow the father’s profession.

80. This is the pursuit of happiness called Purushartha as envisaged in our Veda.

81. Untouchability belongs to the castes that came with the Muslim invasion and it is adharm

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My radom thoughts on the political situation of India

1. If The SC gives its nod for the building of Ram Temple at Ayodhya Modi said he will join us.

2. If SC does not give its nod Modi do not want Hindus to build Ram Temple at Ayodhya unless Muslims approve.

3. From the determination on the part of Dr. Swamy I sense that he will begin the Hindu Temple construction.

4. He is already gathering quietly the support of sections of Muslims for this effort.

5. If radical Muslims who intend on disturbing peace in India jump in then violence will ensue.

6. The state govt of UP will send police to help those killer Muslims.

7. Modi has the record of killing 274 Hindus in Gujarat to flaunt his secular credential, he is no Hindu defender.

8. Modi is sure to send the central troops to kill Hindus in Ayodhya once the State govt asks for it. He cannot deny to send under this secular constitution.

9. If that happens we will call for Dharma yuddha & the army will split.

10. 56″ & Sakuni will find their fate in the hands of Sri Rama.

11. The question is do we have the determination to Build Ram Temple at Ayodhya?

12. The answer depends on who is leading the struggle.

13. Those who lead the previous struggle used it for election win.

14. Then they compromised with Seculars like NiKu to form the govt abandoning the idea of Ram temple.

15. Then they lied before every court on their responsibility in the destruction of masjid building.

16. Then they cheated the Hindus by refusing building of Temple by hiding behind court.

17. They were squarely defeated by the masses for their treachery.

18. This time a karma veer is leading the struggle to build the temple.

19. There is no force on earth to stop him. This is no speculation!

20. Jai Shree Ram! Sita Ram! Jai Hanuman! Bharat Mata ki Jai!

21. Secular means those of the means indicating non-religious statescrafts practised.

22. Secularism is a philisophical expression of western capitalism where the king & church are separated.

23. In India secularism is modified to stratify Hindus and play vote bank politics.

24. Nehru lauded Secularism as a vehicle for development. It is a theme of our constitution.

25. BJP Never touched or questioned it. It actually follows secularism of Congress variety and fine-tunes secularism.

26. Secularism is used as a carpet under which the historical Hindu-Muslim contradiction is swept under.

27. But this sheen of secularism is peeling off revealing that it only helped Muslims and Christians.

28. This will also mark the resumption of our historical contradictions with Islam.

29. In 1947 partition agreed by Gandhi-Nehru-Patel-Rajaji we lost territories to Mulims but still majority of Muslims stayed with us.

30. Post partition Hindus were murdered in millions, robbed, raped and converted both in Pakistan and Bangladesh.

31. The secular govt and the secular media never spoke one world against the genocide of Hindus by Muslims.

32. The mere fact that majority of Muslim stayed in India tells us that partition was farce.

33. Since partition not only conversions have increased but violence and terrorism have increased winked by the Congress govt and the judiciary.

34. We have lost part of Kashmir to Pakistan given away on a silver platter by Nehru. In Kerala we are now a minority as is in Nagaland.

35. Assam and West Bengal are burning literally and Modi talks of ‘development’ plank there.

36. In West Bengal Modi wants to use Netaji papers to win votes. Is Netaji papers a Bengali-focus now?

37. In Bengal and Assam there is an existential crisis for Hindus.

38. Dr. Swamy went to Assam to highlite this Hindu-Muslim contradiction. He was banned from there and false case slspped on him.

39. Cheater Modi’s Govt of India even went to the court and told that Dr. Swamy should be jailed!

40. Dr. Swamy has been literally banned from visiting West Bengal, Assam & East by BJP leadership.

41. Dr. Swamy who is one of the greatest leaders of this country is not part of Tamilnadu party.

42. Some clones of LTTE are appointed by Central BJP leadership as TNBJP. They vilify Dr. Swamy everyday.

43. Though the Hindu-Muslim contradiction is now piled and focussed in Assam, Ramjanmabhoomi is still symbolic of it.

44. Neither Modi Govt nor State govt can prevent Dr. Swamy visiting Ramjanmabhoomi.

45. This is not just his determination. It is the divine determination.

46. We will know who is on the side of the Deva and who is on the side of the asura.

47. We will also see the end of this facade of secular fiction of dividing Hindus and Muslims.

48. We will continue to tell the Muslims that they are the decedents of raped Hindu mothers and forced convertees under duress.

49. We will keep pleading with them to look to Gangamaa and not Mecca desert and come back to where they belong.

50. We will isolate those violent mullahs and hang them or shoot them. No mercy to the wretched.

51. Secular media will have to change or face the chance of being burned at stake.

52. Modi reneged on his election promise on recovering the trillion $$ loot by mafiosi.

53. He loves to keep PC, Maran Bros and Taroor free because they are Sakuni’s friends.

54. The compensation to and secured settlement of Kashmiri Pundits has been put in the back burner and is only a election issue for Modi.

55. Modi turned Hajpayee by having tea and Pakora with  Pakistani premier while his men were attacking our Pathankote airbase.

56. Modi is PM in name only. Sakuni is the real PM behind the curtain.

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Maheish Girri’s Complaint to the Speaker about Rahul Gandhi’s British Citizenship

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