Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-wq484 Total loading time: 0 Render date: 2024-04-29T09:55:22.771Z Has data issue: false hasContentIssue false

2 - Law beyond Untouchability: From Temple Entry to Atrocity and Legal Change

Published online by Cambridge University Press:  24 December 2019

Dag-Erik Berg
Affiliation:
Høgskolen i Molde, Norway
Get access

Summary

During the independence movement, the key concerns that emerged regarding ameliorating the situation for untouchable castes were temple entry and access to public places. Access to public spaces and facilities, such as the water tank in Mahad, was important to Ambedkar's movement in the 1920s. Ambedkar led temple entry movements such as the one in Pune in 1929, but he seemed to have lost interest in this strategy by the early 1930s. In fact, it was Gandhi who gained prominence in the movement that wanted to establish temple entry for untouchable castes during the independence movement. The constituent assembly later adopted an article that abolished untouchability and prohibited and criminalized its practices (Article 17). The article represents a strategy for addressing the problem of untouchability in the independent Indian state. In Gandhi's perspective, temple access represented an idea of holism and a vision of accommodating everyone, including every caste within the Hindu fold. He wanted to harmonize society and integrate untouchables into the Hindu social order in ways that corresponded with the adaptation of the rites and customs of the superior castes. Gandhi was one of the several social reformers within the Hindu fold, and the focus on temple access for untouchables represented an element of social reform in the nationalist movement. But the idea of temple entry introduced the idea of religious inclusion into the public sphere. It represented a discourse that did not entirely correspond with the basic problems of exclusion that the Dalits encountered. This early approach was unhelpful in relation to curbing the caste-based violence that frequently happened to Dalits. Caste-based violence was a legal anomaly, and it resulted in several changes in law and terminology during the postcolonial period.

In this chapter, I argue that the focus on temple access in this early approach to caste was inadequate to address caste-based oppression. The hegemonic narrative at the time of the independence focused on untouchability and access to temples, but this approach underwent changes because gaining entry to temples would not solve the persistent trend of caste-based violence. New discourses created legal changes. These changes could be viewed as learning processes that concerned how the Dalit problem of enduring oppression could be conceptualized. It became clear that a concept such as civil rights and the idea of temple entry misrepresented the basic problems of Dalits, especially caste-based violence.

Type
Chapter
Information
Dynamics of Caste and Law
Dalits, Oppression and Constitutional Democracy in India
, pp. 74 - 102
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×