Hidayatullah National Law University, Raipur (C.G.

)
B.A. LL.B. (Honours)
Supplementary Examination, July-2020
Semester-III
Family Law - II
Instructions
 Max. Marks: 40 (for written submission). Each assignment carries 20 marks.
 Each assignment to be of 2500 words exclusive of references
 Font: Arial or Times New Roman
 Font Size: 12 size
 Spacing: One and half line spacing
 Submission of assignment should be in the PDF.
 Last date of Submission on or before a. July 24, 2020 (5:00 PM), b. Aug. 24, 2020
(5:00 PM) and c. Sept. 24, 2020(5:00 PM)
 The complete assignment should be sent to supexam@hnlu.ac.in
 After submission of assignment viva-voce shall be conducted for 20 marks
 The candidates are required to specify in their submission –
Name, ID No., Semester and Subject.
 The students are required to submit their SACE in the trailing mail through which the
candidate has received the questions of SACE.

1. Explain various theories and grounds of Divorce. How far these theories have got
recognition in the Hindu Marriage Act, 1955, with specialemphasis to cruelty. Refer
relevant cases also. (Marks 20)

2. Discuss in detail various schools of Muslim Law. Also discuss the major differences
between Sunni Law and Shia Law? (Marks 20)

*******
ANSWERS

Divorce means the dissolution of marriage by a competent court. This Essay discusses
divorce under Hindu Law. It analyses how the concept was non-existent under ancient law
due to the sacramental nature of marriage but was introduced under the Hindu Marriage Act,
1955. It studies the different theories of divorce- fault, mutual consent, breakdown; and also
describes the grounds for divorce under this Act, with focus on adultery and cruelty, and how
these grounds were modified through amendments. It briefly dwells on the grounds that are
only available to a wife. The essay also addresses irretrievable breakdown as a ground for
divorce.

Introduction

Earlier divorce was unknown to general Hindu law as marriage was regarded as an
indissoluble union of the husband and wife. Manu declared that a wife cannot be released by
her husband either by sale or by abandonment, implying that the marital tie cannot be severed
in any way. Although Hindu law does not contemplate divorce yet it has been held that where
it is recognized as an established custom it would have the force of law.
According to Kautilya’sArthashatra, marriage might be dissolved by mutual consent in the
case of the unapproved form of marriage. But, Manu does not believe in the discontinuance
of marriage. He declares” let mutual fidelity continue till death; this, in brief, may be
understood to be the highest dharma of the husband and wife”1

However, this changed when divorce was introduced in the Hindu Marriage Act, 1955.

Theories of Divorce

There are basically three theories for divorce-fault theory, mutual consent theory &
irretrievable breakdown of marriage theory.

Under the Fault theory or the offences theory or the guilt theory, marriage can be dissolved
only when either party to the marriage has committed a matrimonial offence. It is necessary
to have a guilty and an innocent party, and the only innocent party can seek the remedy of
divorce. However, the most striking feature and the drawback is that if both parties have been
at fault, there is no remedy available.

Another theory of divorce is that of mutual consent. The underlying rationale is that since two
persons can marry by their free will, they should also be allowed to move out of the
relationship of their own free will. However, critics of this theory say that this approach will
promote immorality as it will lead to hasty divorces and parties would dissolve their marriage
even if there were slight incompatibility of temperament.

The third theory relates to the irretrievable breakdown of the marriage. The breakdown of
marriage is defined as “such failure in the matrimonial relationships or such circumstances
adverse to that relationship that no reasonable probability remains for the spouses again
living together as husband & wife.” Such marriage should be dissolved with maximum
fairness & minimum bitterness, distress & humiliation.

Some of the grounds available under the Hindu Marriage Act can be said to be under the
theory of frustration by reason of specified circumstances. These include civil death,
renouncement of the world etc.2

Grounds for Divorce Under Hindu Marriage Act

It is conceded in all jurisdictions that public policy, good morals & the interests of society
require that marital relationship should be surrounded with every safeguard and its severance
be allowed only in the manner and for the cause specified by law. Divorce is not favored or
encouraged and is permitted only for grave reasons.

In modern Hindu law, all the three theories of divorce are recognized & divorce can be
obtained on the basis of any one of them. The Hindu Marriage Act, 1955 originally, based
divorce on the fault theory, and enshrined nine fault grounds in Section 13(1) on which either
the husband or wife could sue for divorce, and two fault grounds in Section 13(2) on which
wife alone could seek the divorce.

In 1964, by an amendment, certain clauses of Section 13(1) were amended in the form of
Section 13(1A), thus recognizing two grounds of the breakdown of the marriage. The 1976
amendment Act inserted two additional fault grounds of divorce for wife & a new section
13B for divorce by mutual consent.
1
Agarwal, R.K, Hindu law ,Central law agency, Print 2014.
2
 http://legaldesire.com/divorce-under-the-hindu-marriage-act-1955-the-law-decodified/ .
The various grounds on which a decree of divorce can be obtained are as follows-

 Adultery

While adultery may not have been recognized as a criminal offence in all countries, the
matrimonial offence of adultery or the fault ground of adultery is recognized in most. Even
under the Shastric Hindu law, where divorce had not been recognized, adultery was
condemned in the most unequivocal terms. There is no clear definition of the matrimonial
offence of adultery.

In adultery there must be voluntary or consensual sexual intercourse between a married

person and another, whether married or unmarried, of the opposite sex, not being the other’s
spouse, during the subsistence of marriage. Thus, intercourse with the former or latter wife of
a polygamous marriage is not adultery. But if the second marriage is void, then sexual
intercourse with the second wife will amount to adultery.

Though initially a divorce could be granted only if such spouse was living in adultery, by the
Marriage Laws Amendment Act, 1976, the present position under the Hindu Marriage Act is
that it considers even the single act of adultery enough for the decree of divorce.3

Since adultery is an offense against marriage, it is necessary to establish that at the time of the
act of adultery the marriage was subsisting. Also, it follows that unless one willingly consents
to the act, there can be no adultery. If the wife can establish that the co-respondent raped her,
then the husband would not be entitled to a divorce.

In SwapnaGhose v. SadanandGhose4the wife found her husband and the adulteress to be

lying in the same bed at night and further evidence of the neighbors that the husband was
living with the adulteress as husband and wife is sufficient evidence of adultery. The fact of
the matter is that direct proof of adultery is very rare.

The offence of adultery may be proved by:

 Circumstantial evidence
 Contracting venereal disease

Cruelty
The concept of cruelty is a changing concept. The modern concept of cruelty includes both
mental and physical cruelty. Acts of cruelty are behavioral manifestations stimulated by
different factors in the life of spouses, and their surroundings and therefore; each case has to
be decided on the basis of its own set of facts. While physical cruelty is easy to determine, it
is difficult to say what mental cruelty consists of.5 Perhaps, mental cruelty is lack of such
conjugal kindness, which inflicts the pain of such a degree and duration that it adversely
affects the health, mental or bodily, of the spouse on whom it is inflicted. In Pravin
Mehta  v.  Inderjeet Mehta,6 the court has defined mental cruelty as ‘the state of mind.’

Some Instances of Cruelty are as follows7

3
Vira Reddy v. Kistamma, 1969 Mad. 235; Subbarma v. Saraswathi, (1966) 2 MLJ 263.
4
AIR 1979 Cal 1.
5
http://www.legalserviceindia.com/articles/irrbdom.htm.
6
AIR 2002 SC 2528.
7
The Hindu Marriage Act, 1955 as amended by the Marriage Laws (Amendment) Act, 1976
  false accusations of adultery or unchastity
 demand of dowry
 refusal to have marital intercourse/children
 impotency
 birth of child
 drunkenness
 threat to commit suicide
 wife’s writing false complaints to employer of the husband
 incompatibility of temperament
 irretrievable breakdown of marriage

The following do not amount to cruelty8

 ordinary wear & tear of married life

 wife’s refusal to resign her job
 desertion per se
 outbursts of temper without rancor.

Every matrimonial conduct, which may cause annoyance to the other, may not
amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in
day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life
may be of unfounded variety, which can be subtle or brutal. It may be words, gestures
or by mere silence, violent or non-violent.

To constitute cruelty, the conduct complained of should be "grave and weighty" so as

to come to the conclusion that the petitioner spouse cannot be reasonably expected to
live with the other spouse. It must be something more serious than "ordinary wear and
tear of married life". The conduct taking into consideration the circumstances and
background has to be examined to reach the conclusion whether the conduct
complained of amounts to cruelty in the matrimonial law. Conduct has to be
considered, as noted above, in the background of several factors such as social status
of parties, their education, physical and mental conditions, customs and traditions. It
is difficult to lay down a precise definition or to give exhaustive description of the
circumstances, which would constitute cruelty. It must be of the type as to satisfy the
conscience of the Court that the relationship between the parties had deteriorated to
such extent due to the conduct of the other spouse that it would be impossible for
them to live together without mental agony, torture or distress, to entitle the
complaining spouse to secure divorce. Physical violence is not absolutely essential to
constitute cruelty and a consistent course of conduct inflicting immeasurable mental
agony and torture may well constitute cruelty. Mental cruelty may consist of verbal
abuses and insults by using filthy and abusive language leading to constant
disturbance of mental peace of the other party.

Desertion

Desertion means the rejection by one party of all the obligations of marriage- the permanent
forsaking or abandonment of one spouse by the other without any reasonable cause and
without the consent of the other. It means a total repudiation of marital obligation.

8
Ramesh Chandra Nagpal, ―Modern Hindu Law‖ Eastern Book co
The following 5 conditions must be present to constitute desertion; they must co-exist to
present a ground for divorce:

 the factum of separation

 animus deserdendi (intention to desert)
 desertion without any reasonable cause
 desertion without consent of other party
 statutory period of two years must have run out before a petition is presented.

In Bipinchandra v. Prabhavati9the Supreme Court held that where the respondent leaves the
matrimonial home with an intention to desert, he will not be guilty of desertion if
subsequently he shows an inclination to return & is prevented from doing so by the petitioner.

Conversion

When the other party has ceased to be Hindu by conversion to any other religion for e.g.
Islam, Christianity, Judaism, Zoroastrianism, a divorce can be granted.

Insanity

Insanity as a ground of divorce has the following two requirements-

1. i) The respondent has been incurably of unsound mind

2. ii) The respondent has been suffering continuously or intermittently from mental
disorder of such a kind and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.

Leprosy

Contagiousness of leprosy and repulsive outward manifestations are responsible for creating
psychology where man not only shuns the company of lepers but looks at them scornfully.
Thus, it is provided as a ground for divorce. The onus of proving this is on the petitioner.

Venereal Disease

At present, it is a ground for divorce if it is communicable by nature irrespective of the period

for which the respondent has suffered from it. The ground is made out if it is shown that the
disease is in communicable form & it is not necessary that it should have been communicated
to the petitioner (even if done innocently).

Renunciation

“Renunciation of the world” is a ground for divorce only under Hindu law, as the
renunciation of the world is a typical Hindu notion. Modern codified Hindu law lays down
that a spouse may seek divorce if the other party has renounced the world and has entered a
holy order. A person who does this is considered as civilly dead. Such renunciation by
entering into a religious order must be unequivocal & absolute.

Presumption Of Death

Under the Act, a person is presumed to be dead, if he/she has not been heard of as being alive
for a period of at least seven years. The burden of proof that the whereabouts of the
9
AIR 1957 SC 176.
respondent is not known for the requisite period is on the petitioner under all the matrimonial
laws. This is a presumption of universal acceptance as it aids proof in cases where it would be
extremely difficult if not impossible to prove that fact[viii]. A decree of divorce granted
under this clause is valid & effective even if it subsequently transpires that the respondent
was, in fact, alive at the time when the decree was passed.

Wife’s Special Grounds For Divorce

Besides the grounds enumerated above, a wife has been provided four additional grounds of
divorce under Section 13(2) of the Hindu Marriage Act, 1955. These are as follows10

Pre-Act Polygamous Marriage

This clause states the ground for divorce as, “That the husband has another wife from before
the commencement of the Act, alive at the time of the solemnization of the marriage of the
petitioner. For example, the case of Venkatame v. Patil11where a man had two wives, one of
whom sued for divorce, and while the petition was pending, he divorced the second wife. He
then averred that since he was left only with one wife, and the petition should be dismissed.
The Court rejected the plea.12

Such a ground is available if both the marriages are valid marriages & the other wife (2nd
wife) should be present at the time of filing of the petition. However, today this ground is no
more of practical importance.

Rape, Sodomy Or Bestiality

Under this clause, a divorce petition can be presented if the husband has, since the
solemnization of the marriage, been guilty of rape, sodomy or bestiality.

Non-Resumption Of Cohabitation After A Decree/Order Of Maintenance

If a wife has obtained an order of maintenance in proceedings under Section 125, Cr.P.C.,
1973 or a decree under Section 18, Hindu Adoption & Maintenance Act, 1956 & cohabitation
has not been resumed between parties after one year or upwards, then this is a valid ground
for suing for divorce.13

Repudiation Of Marriage
This provision provides a ground for divorce to the wife when the marriage was solemnized
before she attained the age of fifteen years, and she has repudiated the marriage, but before
the age of eighteen. Such repudiation may be express (written or spoken words) or may be
implied from the conduct of the wife (left husband & refused to come back). Moreover, this
right (added by the 1976 amendment) has only a retrospective effect i.e. it can be invoked
irrespective of the fact that the marriage was solemnized before or after such amendment.14

Irretrievable Breakdown of Marriage

Irrespective of the three remedies available to parties that is: restitution of conjugal rights,
judicial separation, and divorce, the judiciary in India is demanding irretrievable breakdown
of marriage as a special ground for divorce, as sometimes courts face some difficulties in

10
Law commission of India, 71st report, 1978.
11
AIR 1963 Mys 118.
12
Paras Diwan, ―Modern Hindu Law‖ (3rd ed.), p. 70-78.
13
B. M. Gandhi, ―Hindu Law‖ 2ndedn.2003, p.243-263
14
Dr. Basant Kumar, ―Hindu Law‖, 3rdedn.2011, p. 118-120;
granting the decree of divorce due to some of the technical loopholes in the existing theories
of divorce.

Both the Supreme Court and Law Committee consider the implementation of such a theory as
a boon to parties who for one or the other reasons are unable to seek the decree of divorce.
Therefore in the opinion of the Supreme Court and Law Commission of India, it is very
essential to make it a special and separate ground mission that introduction of irretrievable
breakdown of marriage, as a special ground will do any public good.

Under the Hindu Marriage Act, 1955 primarily there are three theories under which divorce is
granted:

(i) Guilt theory or Fault theory,

(ii) Consent theory,

(iii) Supervening circumstances theory.

The Irretrievable breakdown theory of divorce is the fourth and the most controversial theory
in legal jurisprudence, based on the principle that marriage is a union of two persons based on
love affection and respect for each other. If any of these is hampered due to any reason and if
the matrimonial relation between the spouses reaches to such an extent from where it
becomes completely irreparable, that is a point where neither of the spouses can live
peacefully with each other and acquire the benefits of a matrimonial relations, than it is better
to dissolve the marriage as now there is no point of stretching such a dead relationship, which
exist only in name and not in reality15

The breakdown of the relationship is presumed de facto. The fact that parties to marriage are
living separately for reasonably longer period of time (say two or three years), with any
reasonable cause (like cruelty, adultery, desertion) or even without any reasonable cause
(which shows the unwillingness of the parties or even of one of the party to live together) and
all their attempts to reunite failed, it will be presumed by law that relationship is dead now.

Recently the Supreme Court Naveen Kohli v. NeeluKohli16has recommended an amendment

to the Hindu Marriage Act, whereby either spouse can cite irretrievable breakdown of
marriage as a reason to seek the divorce. Expressing the concern that divorce could not be
granted in a number of cases where marriages were virtually dead due to the absence of the
provision of irretrievable breakdown, the court strongly advocated incorporating this concept
in the law in view of the change of circumstances.

Conclusion

Hindus consider marriage to be a sacred bond. Prior to the Hindu Marriage Act of 1955, there
was no provision for divorce. The concept of getting divorced was too radical for the Indian
society then. The wives were the silent victims of such a rigid system. However, the time has
changed; situations have changed; the social ladder has turned. Now the law provides for a
way to get out of an unpleasant marriage by seeking divorce in a court of law. The actual
benefactors of such a provision are women who no longer have to silently endure the
harassment or injustice caused to them by their husbands.

15
http://www.legalservicesindia.com/article/article/irretrievable-breakdown-of-marriage-676-1.html.
16
2006(3) SCALE 252.
But the manner in which the judiciary is dealing with the subject of irretrievable break down
of marriage, it is feared that it will completely pause the system of marriages. Every theory
has its negative and positive traits. Their applicability differs from situation to situation.
Therefore it is very essential that the lawmakers of our country should deal with the subject in
a very cautious manner after considering in detail its future implications.

Answer 2
This Essay discusses in detail the on the Schools of Muslim Law, the sources of Muslim law,
concept of law in Islam and The Muslim Personal Law i.e. The Shariat Act, 1937.
Muslim law in India is a personal law. Personal law is that law which regulates the ‘personal
matters’ of a being such as marriage, divorce, guardianship, inheritance etc. they relate to those
relationships which usually have an effect on their own personality. An individual personality is
affected by the family in which such individual is born and is brought up. The personal matters
are also called as ‘family matters’. The matters related to family status and the family properties
are commonly based on religion. The personal laws of individuals are known by the name of their
respective religion for example the Hindu law or the Muslim law in India. 17

Schools of Muslim Law (Sunni and Shia Sects)

The universally acclaimed head of the Islamic Common wealth was the Prophet Mohammad. He
was supreme authority on law as well as the Chief Administrator of the whole body of Muslims.
After his death, the urgent problem was to discover out his successor. The majority of Muslims
recommended that there should be an election for the successor of the Prophet and the vision was
given by Ayesha Begum, the youngest wife of the Prophet. This view was argued by the group
that while Prophet exercised complete control over the Islamic Community, so the successor
should be a person who could control the Muslims. This opinion required the assurance of the
people and thus voting was the only technique to choose the successor. The Prophet himself had
recommended voting, so the Muslim society pleaded for the voting to find out the successor of
the Prophet. The suggestions of the Prophets are called his tradition (Sunnat). The Muslim people
relied on this tradition of the Prophet. Thus the voting was assumed in which Abu Bakr, was
elected and became the first Caliph, who was father of Ayesha Begum. This group of Muslims, ,
formed the Sunni Sect of Islam with its leader Abu Bakr. They alleged the name Ahle-Sunnat-
Wal-Jammatwhich means the people of the “tradition and assembly” and are universally known
as Sunnis.
Although Muslims in minority did not agree to the law of voting. That group gives preference to
the divine headship of the Prophet rather than his organizational control and the group was
headed by the daughter of the Prophet, Fatima. Their argument was that the Prophet’s heir should
be a divine leader of the society as was the Prophet. They said that this superiority comes through
the dignity which comes through blood. Therefore, a person belongs to the family of Prophet
Mohammad should be regarded as the most capable person to succeed him. Thus, the group of
Fatima discarded the voting and relied upon the belief of succession. Subsequently Ali, was
nominated as the first Imam by this group of Muslims who was the son-in-law of the Prophet
(Fatima’s Husband) and was also his cousin. They constituted a separate sect called Shia by
separating themselves from the majority group 18
These two sects formed two major schools of the Muslim law. Later on, the Sunni’s further
splitted into several sub-sects in themselves, each sect representing a distinct School of Sunni-
law. There was a similar split among the Shia’s. The chart below gives a clear picture of the
different schools of Muslim law

17
(Sinha 2010:1).
18
(Sinha 2010:19).
The Sunnis are divided into four sub-sects, namely, the Hanafis, the Malikis, the Shafiiand the
Hanbalis. The Sunni Mahomedansof India belong principally to the HanafiSchool. In the State of
Jammu and Kashmir, majority of Muslims belong to the Sunni Sect.
The Hanafis School: - Abu Hanifa was the founder of the school. The school was named after its
founder and is the most popular School of law. Abu Hanifa’s main contribution was that instead
of accepting each and every tradition as law, he tried to find out the law in the texts of Quran
itself through analogical deductions. He favoured systematically concluded personal judgements
based on Quran over a unsighted dependence on the customs. According to him the changing
needs of the society must be incorporated in the law 19
The Maliki School: - Malik IbnAnas was the founder of the School. According to this school, the
new rules should be obtained entirely from the traditions and if it is not achievable then only
Qiyasand Ijmamay be occupied into thought. A noticeable feature of this School is that it is the
only School in which a married woman and her properties are always supposed to be under the
control of her husband. According to this school a woman cannot deal with her personal
properties without the approval of her husband. This School has no followers in India, but is
prevalent in Northern Africa and Spain.
The Shaefi School: The founder of the school was Muhammad ash-Shaefi. He analysed the
customs in the brightness of authorized way of thinking and judgment in order to get a very
impartial and efficient rule of law. According to Ash Shaefi, the Quran can solve the all problems
of the human life. And the solutions may be derived either directly from the texts or from
analogical deductions. He made the greatest use of He established Qiyasas a full source of law.
According to him Qiyasis to be considered only after considering Quran, traditions and Ijma.
The Hanbali School: - The latest School of the Sunni sect was founded by IbnHanbal. His main
characteristic was that he strictly adhered to the customs of the Prophet. Thus it is said that
Hanbal was traditionist. He depends so much upon the customs that other sources of law namely
Ijmaand Qiyaswere ignored by him. He accepted Ijmaonly of the companions of the Prophet.
Under this school, there is no possibility for personal judgements and human calculation. The
followers of this school are very few. In general the Hanbalis are in Saudi Arabia and Qatar 20
The Shia sub-sects are:- The ImamiyahSchool or (IthnaAshriyah), the IsmailiyaSchool and the
ZaidiyahSchool21
The Imamiyah School:- This School is also named as IthnaAshriyahSchool. This is the only
school which recognizes “Muta” or a temporary marriage. The School is further separated into
two sub-sects (1) Akhbariand the (2) Usuli.
Akhbarisstrictly follows the traditions of Imams. On the other hand, the Usulis, understand the
texts of Quran with reference to the realistic struggle of everyday life. The followers of this are
found in Iran, Iraq, Lebnon, Pakistan and India 22
The Ismailiya School:- The Shias did not recognize him as their Imam because JafarSadiq
disinherited his eldest son. But there were some Shias, who recognized Ismail as the seventh
Imam. They comprised of two main groups, (1) Khojasand (2) Bohras. Khojaswere originally
Hindus. Bohrasare also Ismailiasand they were detached from the other group throughout the
Fatimid regime. Ismailiasare established in Central Asia, Syria, India and Pakistan. Ismailiasof
Bombay are either Khojasor Bohra.23
The Zaidiyah School:-Zyad, one of the sons of the fourth Imam founded the school .One of the
strange characteristics of this School is that its theory include some of the Sunni doctrine also.
The followers of this School are in Yemen and not found in India. 24

19
(Sinha 2010:20).
20
(Sinha 2010:22).
21
(Hidayatullah 1996:20).
22
(Sinha 2010:23).
23
(Fyzee 2005:41).
24
(Sinha 2010:23-24).
Both the laws are derived from the holy Quran but there are very small distinct differences among
them which are hard to notice but if we dig enough deep into the sources and verses of holy
Quran and its sayings we can actually find the differences in both Shia and Sunni law and its
practices among its followers
Laws regarding marriage
On the basis of procedure

Shia and Sunni relationships comprise of altogether different wedding capacities. In a Sunni
wedding capacity, it is crucial to have two grown-up consenting guys present for the whole length
of the function as witnesses. Such observers are not required according to the standards of
Sunni separate.

It very well may be done within the sight of just the spouse and the wife. The instance of
a Shia wedding is totally unique as for this situation where the observers are
commanded to be available on account of separation and not when the wedding
happens.

On the basis of traditions

Another remarkable contrast between a Shia and Sunni wedding is that in a Shia nikah
function, an aggregate of six stanzas must be conveyed openly. This factor is absent in
a Sunni wedding function. A Sunni nikah service accordingly has a shorter period of
time. On account of a Shia wedding, there is an exceptional shower related function that
the lady of the hour and husband to partake in. There is no such impulse in a Sunni
wedding. This function generally happens before the real wedding. 25

This arrangement is absent in a Sunni marriage. Sunnis put stock in going into a
perpetual type of marriage as it were. A separation isn’t required when Shias go into a
short-lived marriage understanding. The date when the settlement will reach a
conclusion is unmistakably referenced on the papers relating to the marriage that is
occurring.26

On the basis of types of marriage

There are three types of marriage recognized under Muslim personal law all over the
world. These are valid marriage, void marriage and irregular marriage. However, the
fourth category of marriage has emerged in both the sects.

Muta marriage is the fourth kind of marriage that occurs only in Shia Muslims and not
Sunni sect of Muslims. To understand this marriage, it is essential to know the
background of this marriage. Most of the Arabian cities such as Abu Dhabi, Dubai, etc.
have Shia sect of Muslims. The people usually called the Sheikhs were involved in the
business of oil-producing, refining and exporting.
Due to business agreements, they were required to travel far places and stay there for
several days or even months. During this period, the Sheikhs required to fulfil their
sexual needs and desires but, however, Islam does not allow cohabitation with any
woman other than a person’s own wife.27
Therefore, the Sheikhs used to marry the women for a temporary period till they were in
that town and at the time of leaving, they get divorced and the dower was paid as the
consideration for marrying. This concept of marriage was recognized in Muslim personal
law by the Shia sect and is called Muta marriage. The time period and the dower must

25
F. Mulla, Mulla’s Principles of Mohammedan Law (22nd ed. 2017).
26
Introduction to Islamic Law (International Islamic Publishers
27
Mulla, Principles of Mahomedan Law, p.168.
be informed and accepted by the bride as well. This marriage is not followed in Sunni
Muslims which consider marriage to be a permanent union and not a temporary affair. 28

Difference regarding inheritance

Shia law divides legal heirs into three basic classes.6 These classes thereafter determine
distribution of an estate among legal heirs and how to give preference to one legal heir over
another. Appropriate appreciation of these classes helps one to understand Shia law of
inheritance as details of the system in one manner or another are linked to it. These classes
are the following:
Class 1: (i) Parents, and (ii) Children (male and female). The children also include their
descendants how low so ever irrespective of the fact whether they are descendants of male or
female children. Class 2: (i) Grandparents (true or false) how high so ever, and (ii) Brothers
and sisters (full, consanguine, and uterine) and their descendants how low so ever irrespective
of their gender. Class 3: (i) Paternal uncles and aunts, (ii) Maternal uncles and aunts, and (iii)
Their children how low so ever irrespective of their gender. Once the heirs are divided into
the above classes, there are two basic rules which need to be understood Firstly, as long as an
heir (or more than one) is present from the class 1, no one will be entitled to inheritance from
the class 2: similarly, if there is an heir (or more than one) from the class 2, no will have
anything from the class 3. These classes lay down a basic framework in which an estate of a
Shia deceased is distributed except that deceased’s spouse is dealt with differently.
Secondly, within the same class there is no difference between male and female heirs except
to the extent that a male heir will have double share than that of a female heir. For instance,
descendants of a Sunni deceased’s daughter are excluded from inheritance as per Sunni law
as they are regarded as distant kindred whose right to inheritance will only be entertained in
absence of the sharers and the residuaries,8 while his son’s descendants will be entitled to his
estate as they are regarded as the sharer or the residuary. Shia law does not differentiate
between descendants of son and daughter and they are placed in the same class. 9 When one
descendant from the class is entitled, the other would also have his/her share. Similar to
descendants of son and daughter, Sunni law divides descendants of brothers and sisters into
the residuaries and distant kindred respectively, while Shia law does not prefer males over
females in these situations nor place their descendants in different classes.
Rule of Radd/Return: When an entire estate of a Shia Muslim is not consumed by his/her
heirs and something is left out of it, the rule of Radd/return is applied as is done in Sunni law.
The application of Radd is more frequent in Shia law because it accords less significance to
Ausbaat/residuaries as compared to Sunni law29In Sunni law an exhaustive list of the
residuaries reduces the occurrences of application of Radd. Whenever there is residue of an
estate of a deceased Sunni Muslim that will be given to any eligible residuary irrespective of
the fact how remotely he is related to the deceased30While such an exhaustive list is not
available in Shia law and even those who are regarded as the residuaries they cannot operate
beyond the sphere of their own basic class.
For example, deceased’s paternal uncle is a residuary in Sunni law and he will be entitled to
inheritance after the distribution of prescribed shares to the sharers. Suppose a person dies
leaving behind a daughter and his paternal uncle. As per Sunni law, the daughter will have
one half, while the rest will be inherited by his uncle. But if the deceased is a Shia Muslim,
his daughter will take the entire estate the first half as a sharer and another half after applying
the Radd. The reason for this sort of distribution is that the daughter belongs to the class 1
and the uncle is an heir located in the class 3. The uncle is only entitled to inheritance if there
is no heir from the class 1 & 2.

28
Akeel Ahmed, Introduction to Muslim Law, 2016.
29
Carroll, The IthnaAshari Law of Intestate Succession, p.93-9
30
Purohit, The Principles of Mohammedan Law, p.467.
These are among min diffrences among shila and sunni law regarding marriage and
inheritance.

Hidayatullah National Law University, Raipur (C.G.)

B.A. LL.B. (Honours)
Supplementary Examination, July-2020
Semester-II
Political Thought (Major)
Instructions
 Max. Marks: 40 (for written submission). Each assignment carries 20 marks.
 Each assignment to be of 2500 words exclusive of references
 Font: Arial or Times New Roman
 Font Size: 12 size
 Spacing: One and half line spacing
 Submission of assignment should be in the PDF.
 Last date of Submission on or before a. July 24, 2020 (5:00 PM), b. Aug. 24, 2020
(5:00 PM) and c. Sept. 24, 2020 (5:00 PM)
 The complete assignment should be sent to supexam@hnlu.ac.in
 After submission of assignment viva-voce shall be conducted for 20 marks
 The candidates are required to specify in their submission –
Name, ID No., Semester and Subject.
 The students are required to submit their SACE in the trailing mail through which the
candidate has received the questions of SACE.

1. “If all mankind minus one were of one opinion, mankind would be no more justified in
silencing that one person than he, if he had the power, would be justified in silencing
mankind,” Mill. In the light of the above statement, write a critical essay on freedom of speech
and expression in India in the contemporary context.(Marks 20)

2. Critically evaluate the views of Dr. B. R. Ambedkar in his book ‘Annihilation of Caste’. What
feasible measures do you suggest to abolish caste system in India?(Marks 20)
3. John Stuart Mill (20 May 1806 – 7 May 1873), usually cited as J. S. Mill, was a thinker,
political economist, and bureaucrat. One of the most dominant thinkers in the history of
classical freethinking, he backed widely to social theory, political theory, and political
economy. Dubbed "the most influential English-speaking philosopher of the nineteenth
century" His origin of liberty justified the freedom of the individual in opposition to unlimited
state and social control. He stated “If all mankind minus one were of one opinion, mankind
would be no more justified in silencing that one person than he, if he had the power, would be
justified in silencing mankind,” 31in his works titled “the liberty of thought and discussion”. The
freedom of speech is observed as the initial power of liberty. It lodges a preferred and
important position in the ladder of the liberty, it is truly said about the freedom of speech that
it is the mother of all other liberties. The spirit of free speech is the ability to think and speak
freely and to obtain information from others through periodicals and public speech without

31
chapter ii of the liberty of thought and discussion
 fear of reprisal, restriction, or subjugation by the government. Freedom of Speech and
expression includes the right to express one’s own beliefs and opinions freely by words of
mouth, writing, printing, pictures or any other mode. In modern time it is broadly
acknowledged that the right to freedom of speech is the essence of free society and it must be
safeguarded at all time. The first principle of a free society is an uncontrolled flow of words
in an open environment and Liberty to express opinions and ideas without interruption,
especially without fear of punishment .it also plays noteworthy role in the development of that
particular society and ultimately for that state. It is one of the most important fundamental
freedoms guaranteed against state dominance or regulation. As it was also enshrined in our
constitution under article 19 which is a fundamental right and it guarantees to all its citizens
the right to freedom of speech and expression. The law states that, “all citizens shall have the
right to freedom of speech and expression”.  It thus includes the freedom of communication
and the right to propagate or publish opinion. But this right is subject to reasonable
restrictions being imposed under Article 19(2). Free expression cannot be associated or
tangled with a certificate to make baseless and irresponsible allegations against other
subjects.32It is important to note that a restriction on the freedom of speech of any citizen may
be placed as much by an action of the State as by its inaction. Thus, failure on the part of the
State to guarantee to all its citizens irrespective of their circumstances and the class to which
they belong, the fundamental right to freedom of speech and expression would constitute a
violation of Article 19(1) (a).
4. The Purpose is Freedom of Speech and Expression is three fold as it allows for the self-
fulfilment of an individual and protects his individuality in a democracy it also allows for the
free flow of ideas, beliefs, and thoughts and strengthens the community. It incites the process
of discourse and safeguards that voices are not repressed leading to the unearthing of truth at
large. The Freedom of Speech and Expression is guaranteed under Article 19(1) (a) of the
Indian Constitution and Article 19(2) empowers the State to impose reasonable restrictions on
the freedom of speech and expression as well. There are various grounds and factors in this
principle and in order to completely understand the freedom we must observe certain cases
involving deferent facets of it for example Freedom of Press which is implicit in the freedom
of expression forming the backbone of political liberty33and proper functioning of the
democracy even Dr. Ambedkar had quoted that
5. “The editor of a press or the manager is merely exercising the right of expression and
therefore freedom of the press does not require a special mention.34

6. Various cases have been interpreted by Apex court to give feedom of speech to press
such as In the case of Indian Express Newspapers v. Union of India35 the Court had
upheld that freedom of press derives its roots from Article 19(1) (a) and its
maintenance is the primary duty of the Court. Also In the case of RomeshThapparvs.
the State of Madras36, the ban of entry and circulation of a journal, and that in the
case of Benet Coleman and Co. vs. Union of India37, the limitation of the maximum
number of pages in the newspaper were both held to be against the basic tenet of
freedom to circulate under Article 19(1) (a). Journalistic freedom is also protected as
32
Radha Mohan Lal v. Rajasthan High Court,(2003) 3 SCC 427
33
BrijBhushan vs. State of Delhi, AIR 1950 SC 129
34
Dr. Ambedkar’s Speech in Constituent Assembly Debates, Volume VII, 980
35
(1985) 1 SCC 641
36
AIR 1950 SC 124
37
AIR 1973 SC 106
 during the judgment on ArnabGoswami case honourable Supreme Court has stated
that “India’s freedoms will rest safe as long as journalists can speak truth to power
without being chilled by a threat of reprisal.” The Court stated that “the exercise of
journalistic freedom lies at the core of speech and expression protected by Article
19(1) (a).” However, it was also stated that the right of journalists under Article 19(1)
(a) is not above than the right of the citizen to speak and express themselves.
7. Further, in the case of PrabhuDutt vs. Union of India38 and SheelaBarse vs. the State
of Maharashtra39it was said that the right to see news and information concerning the
administration of the government is encompassed in the freedom of the press.
Freedom to press also contains Right to Broadcast as With the advent of technology,
the new element of freedom to speech and expression that has been documented by
Courts in the case of Odyssey Communications Pvt. Ltd. vs.
LokvidayanSanghatana40, the issue came before the Supreme Court when a
registered social organization, LokvidayanSanghatana, filed a PIL to restrict
broadcasting of a show “HonyAnhoni” on grounds that it spreads superstition. The
court held that the right to broadcast within the domain of terms and conditions
already imposed is a part of freedom of speech. Another important aspect of this right
is Right to Information, after the enactment of the Right to Information Act, 2005,
in a series of judgments, the right to information has been held to emerge from the
Constitutional guarantee under Article 19(1) (a). And it was held in the case
of Secretary-General, Supreme Court of India vs. Subhash Chandra Agarwal41
wherein the Delhi High Court re-affirmed that the right to information is not the
legislation but the Constitutional freedom of speech and expression. Further, it was
held in Union of India vs. Association for Democratic Reforms42 that to ensure that
the citizens are informed and one-sided information or misinformation does not make
democracy a farce, it is essential to include the right to impart and receive information
under Article 19(1) (a) in the same subject the right to know the functioning of public
sector companies were also included It was opined by the Supreme Court in Dinesh
Trivedi, M.P. and Ors. v. Union of Indiacase that “in modern democracies governed
by a Constitution, it is self-evident that citizens have a right to know about the affairs
of the government which is elected by them.” Freedom of speech and expression also

38
AIR 1982 SC 6
39
(1997) 4 SCC 373
40
(1988) 3 SCC 410
41
AIR 2010 Del 159 (FB)
42
(2002) 5 SCC 294
 contains Right to disapprove, in the case of S. Rangarajan vs. P. Jagjivan Ram 43it
was held that right to form an opinion and to express it in a manner that does not
cause defamation to the other person to whom such criticism is directed is protected
under the freedom of speech and expression. Democracy permits for open argument
and condemnation of policies. The right is also extended outside national boundaries
of india as in the case of Maneka Gandhi vs. Union of India44 the Supreme Court
held that Article 19(1) (a) includes both right to speak and express in India and
abroad,as we can see the right is broad in its own terms but whether freedom of
speech and expression provides a right not to speak which is more commonly known
as right to silence ? The answer is yes in the case of Bijoe Emmanuel vs. State of
Kerala45that no person can be put under any compulsion to sing the National
Anthem “if he has genuine conscientious objections based on his religious
faith.” Supreme Court overturned the decision of the Kerala High Court which had
supported the dismissal of students and maintained that no offense was committed
under the Prevention of Insults to National Honour Act, 1971 as they stood up humbly
for the National Anthem. The right to silence was documented as a part of the right to
freedom of speech and expression but as we know that the right is not absolute it has
its own restrictions and limitations.
8. There are various grounds under which freedom of speech and expression can be
curtailed for example Security of the State as stated by the apex court
inRomeshThapper v. State of Madras46 that right to speech expression in not unlimited
and it bound to be taken after seeing the reasonable restriction that were imposed by
article 19 itself. Such as subjects related with Contempt of Court which isdefined
under section 2 of the Contempt of Courts Act, 1971, it refers to the disobedience of
any judgment, order, direction or process of the Court which is directed by the court.
The State is authorized to levy restrictions to protect and preserve the sanctity of the
Judiciary. Addition to that Defamation is also prohibited which includesany statement
that may harm the reputation or goodwill of a person is said to be defamatory in
nature. Implementation of freedom by one person should not result in adversely
affecting the rights of another. Therefore, a check can be placed on this ground by the
State and also if any speech is made to hamper the Sovereignty and Integrity of India
it will immediately attract restraints asAdded by the Constitution (16th Amendment)

43
1989 SCR (2) 204, 1989 SCC (2) 574
44
1978 AIR 597, 1978 SCR (2) 621
45
1987 AIR 748, 1986 SCR (3) 518
46
AIR 1950 SC 124
 Act, 1963, it permits the State to enforce a restriction on any person who attempts to
challenge or aims to disturb the sovereignty and integrity of the nation.
9. Nowadays one recent problem has also emerged regarding sedation laws, The offence
of sedition, in India, is defined under Section 124-A of the Indian Penal Code as,
“whoever by words either spoken or written, or by signs, or by visible representation
or otherwise brings into hatred or contempt or excite or attempts to excite
disaffection towards the government established by law in India shall be punished”.
And this law is implemented strictly such as in the recent case of Kanhaiya Kumar v.
State of Nct of Delhi47students of Jawaharlal Nehru University prepared an event on
the Parliament attack convict Afzal Guru, who was hanged in 2013. The event was a
objection through poetry, art, and music against the judicial killing of Afzal Guru.
Claims were made that the students in the protest were heard yelling anti-Indian
slogans. A case therefore filed against several students on charges of offence under
Sections [124-A, 120-B, and 34]8. The University’s Students Union leader Kanhaiya
Kumar was detained after accusations of ‘anti-national’ sloganeering were made
against him. Kanhaiya Kumar was released on bail by the Delhi High Court as the
police enquiry was still at embryonic stage, and Kumar’s exact role in the
demonstration was not clear.
10. But nowadays we are clearly seeing that freedom of speech and expression is being
abused by many subjects including TV reporters who deliberately and knowingly
spread false news and contents which incites religious violence in the country. We can
see popular celebrities using abusing language in the name of freedom of speech and
expression as recently a female stand-up comedian was threatened to rape online by
you tubers. Abusing words are also used during TV news debate as recently a
decorated chief of army who is retired used foul language in the live TV and later
commented that he was using freedom of speech and expression, as we have seen that
the right is one of the most important rights in modern democracies and it should be
respected accordingly and own has to be careful while exercising these rights. In the
light of Covid world and Globalization. One has to understand the importance of lack
of knowledge and communication which brought forth this pandemic and the
importance of controlling media at a reasonable line of restriction where hate contents
and other negative influences can be controlled in the social media platforms. The
media have the liberty to put news in front of its viewers or say into your plate as
freshly prepared food and the decision is rests to the ultimate consumer or people of

47
P. (CRL)558/2016
 the society to make a wise decision to have it or not after checking its health factor for
your life which are its credibility, authenticity and fairness. Concluding the whole
issue in a quote would be perfect and the quote given by sorenkierkgaard perfectly
sums up the argument which states that “people demand freedom of speech as a
compensation for freedom of thought which they seldom use”.

ANSWER-2
“IF I FIND THE CONSTITUTION BEING MISUSED
I SHALL BE THE FIRST ONE TO BURN IT”

– DR. BHIM RAO AMBEDKAR

Dr.BhimraoRamjiAmbedkar (14 April 1891 – 6 December 1956), also known as

BabasahebAmbedkar, was an Indian jurist, economist, politician and social reformer, who inspired the
Dalit Buddhist movement and voiced against social discrimination towards the untouchables (Dalits).
He was sovereign India's first Minister of Law and Justice, and the chief designer of the Constitution
of India.48

Dr. Ambedkar prepared his speech under the title "Annihilation of Caste" for the 1936 Annual
Conference of the Jat-Pat-TadakMandai of Lahore but not delivered because owing to the cancellation
of the Conference by the Reception Committee on the ground that the opinions articulated in the
Speech would be excruciating to the Conference. The Jat-Pat-TodakMandai is a high caste Hindu
organisation. Dr. Ambedkar was invited to play as a President of the Session. But other priest and
high caste Hindus created a problem by saying that how can a Dalit be allowed to speak in a Hindu
conference so the speech was never made but is published where honourable Dr. Bhim Rao
Ambedkar has expressed his opinions of caste and relation of it with Indian society. Dr. Ambedkar
wanted to abolish the Sati, caste system, widowhood and girl marriage from the Hindu society. He
thought that social reforms were necessary than political reforms. According to Dr. Ambedkar, the
religion is the base of society. To him, religious and social reform is essential than economic reform.
The religion is the source of power. In India the priest are superior than masses and frequently the
religion is more powerful than Distrtct Administration. He believed in religious reform through
peaceful mean. Annihilation of Caste means abolition of caste system from the Hindu society.
49
According to Dr. Arnbedkar, the reformers among the high-caste Hindus were enlightened and
emphasised to abolish the enforced widowhood, child marriage and other superstitions, but they did
not emphasised on abolition of caste system and 'Shastras'. To him, the political revolution does not
mean the abolition of social and religious reforms. The freedom fighters were unable to abolish the
caste system which is still an evil for society. He asserts that caste is not based on division of labour.
It is division of labourers. To him, caste is an outdated institution. To establish a new social order
which is based on liberty, equality and fraternity, the caste is a great hindrance to social solidarity.
Ambedkar wanted to establish a casteless society or ideal society in consonance with the Principles of
democracy.
To him, to establish a just society or ideal or casteless civilisation it is important to do inter-caste
marriage and inter dining relationship among various castes. According to him, the 'Shastras' is the

Aloysius, G. 1997. Nationalism Without a Nation in India. New Delhi: Oxford University Press.
48

49
Ambedkar, B.R. 1979. “Castes in India: Their Mechanism, Genesis and Development.” Indian
Antiquary 41: 81–95. Repr. BAWS, vol. 1, 5–22. Mumbai: Education Department, Government of
Maharashtra. (Orig. publ. 1917.)
root cause of maintaining castes. He therefore suggested, "Make every man and woman free from the
thralldom of the 'Shastras', cleanse their minds of the pernicious notions founded on the 'Shastras', and
he or she will inter dine and intermarry". Dr. Ambedkar's ideal or just society or casteless society
must be based on reason and not on atrocious traditions of caste system. 50
Dr. Ambedkar was the father of Indian Constitution. He wanted to start a perfect civilisation or
'casteless society' and this society is based upon the belief of justice. To him, the ideal society should
be based on liberty, equality and fraternity. To establish the casteless society, the annihilation of caste
or Varna and religious notions should be abolished. All persons would possess the human rights
equally without caste, creed, religion etc. The Hindu 'Shastras' such as Upanishad should be changed.
To annihilate caste, the fundamental notions of life and Hindu social order should be changed. The
various caste and sub-castes should be changed. The religious notion of Hindus 'Shastras' should be
abolished. To annihilate the caste system the reservation system with constitutional safeguard is
essential for downtrodden classes. All men and women should be treated equally. Dr. Ambedkar
renounced the Hinduism and embraced Buddhism because the Hindu religion believes in
Chaturvarnas and in Buddhism there is no place for Chaturvarna. 51

Dr. Ambedkar disapproved old Commandment books like Manusmriti and Arthshastras who
displayed the subordination and resentment towards the repressed class. He also disparaged the higher
standard of Brahmans who are group above of all. The Brahmans are somehow responsible for social
exploitation and backwardness of untouchable’s .Ambedkar also rejected that there were no such
invasion of Aryans as mentioned in the ancient Vedic and Sanskrit literature. He contended that
Shudras were not shady skinned but Shudras were also belongs to the Kshatriyas class but due to the
defeat in a battle with VAISTHA after which they became their subordinates. 52He raises many
question against the political minded Hindus such as are you fit for political power even though you
do not allow a class of your own countrymen like the untouchables to use public school, public well,
public street, to wear what attire or decoration they like, food they want to eat, he also stated the
problem of Hindu caste system and the fate of repressed human being from different perspective. In
estimation of Dr. Ambedkar caste is a barricade to social advancement and was the straight result of
Hindu caste system.

According to him Varna and Caste were evil ideas. He was of the belief that by the eradication of the
Varna system, a cohesive and egalitarian society may emerged the concept if equality and fraternity
and viewed that every congressmen who was of the opinion that when one country is not fit to rule,
another country must admit that one class is not fit to rule another class. If he talks about political
reformation he criticized both Mahatma Gandhi as well as Congress Party. He said that Congress to
be the only evocative of people of India including all groups.

But congress does not pay much emphasis on the interest of the untouchables and when he mentioned
Gandhi, Ambedkar says that he give many quotes and sayings but no views and suggestions that were
helpful for the development of un-trodden He was of the view that there should be reorganization and
reconstruction of the society which relates to the abolition of caste system. 53High class Hindu never
feel the necessity for agitating for the abolition of the caste system, rather they felt quite a greater urge
to remove those evils such as child marriages, sati etc. One important fact that deserves to be
mentioned over here is that Gandhi could never rid his mind of a concept of Varna system and he
never directly asked people to give up on caste system. On the other hand Dr. Ambedkar clearly stated
50
1987c. “Philosophy of Hinduism.” In BAWS, vol. 3, 1–92. Bombay: Education Department,
51
1989a. “Essays on Untouchables and Untouchability.” In BAWS, vol. 5, Bombay: EducatioDepartment,.
52
1990. The Untouchables: Who Were They and Why They Became Untouchable. In BAWS,
vol. 7. Bombay: Education Department, Government of Maharashtra. (Orig. publ. 1948.)
53
1991. What Congress and Gandhi Have Done to the Untouchables. In BAWS, vol. 9.Bombay: Education
Department, Government of Maharashtra. (Orig. publ. 1945.)
outcaste is the by-product of the caste system. There will be outcaste as long as there are castes. And
nothing can liberate the outcaste except the obliteration of the caste system.

Dr. Ambedkar emphasised on the abolition or religion and he was the protagonist of religious
freedom. To him, for annihilation of caste it is essential to religious reform. The religious reform is
conceivable in the following manners Hindu religious books such as Vedas, Shastras and Puranas
which are preserved as sacred and commanding should be abolished. There should be only one Hindu
religion standard book acceptable to all Hindu and recognised by all Hindus. The priesthood among
Hindus should be abolished. Those who passed an examination prescribed by the state they would be
treated as priest. 54The priesthood would not be granted as hereditary. It should be provided by state
law. No ceremony performed by a priest who does not hold a sanad shall be deemed to be valid in law
and it should be made penel for a person who has no sanad to preside as a priest. The priest should be
a government servants and subjects. The number of priests should be limited by according to the
requirements of the State as it done .Inter caste mar1iage should be adopted, the exogamous marriage
should be recognised in place of endogamous marriage. Inter-dining system should be established for
all Vamas.Equal opportunities and equal treatment should be provided without caste, religion, creed
etc. Liberty is essential for all, to annihilate the caste system from Hindu society. The liberty such as
social, political, economic, right to free movement, right to life, right to property etc. should be
provided to all without caste, creed, religion etc. Fraternity is necessary among various forms
ofVamas. There must be diverse and free points of contact with other methods of association. It is
primarily a mode of associating living. Mental ability and faculty should be increased among the
down-trodden classes through an elaborate scheme of education. Reserved seats should be provided to
the down-trodden classes in legislative assembly and Government services for their upliftment
through Constitutional safeguard. Ideal religion should be based on liberty, equality and fraternity.
For this reason, the fundamental notions of life and values of life should be complete changed. It
means a complete alteration in viewpoint and in assertiveness towards men and things. The old
system must be dying before a new system and a new existence and a new life would be born.
55
Ambedkar suggested to his followers that you must discard the authority of the Shastras and destroy
the religion of the Shastras. The priestly class must be brought under control by the legislation.
Brahmanism must be killed to held kill the caste. Brahmanism is the poison which has spoiled
Hinduism, Hindus hold to the sacredness of the social order, caste of India is based on divine in
origin, sacredness and divinity should be destroyed from the caste system. The Brahmins are the
authority of the Shastras and the Vedas. The authority of the Hindu religion should be destroyed. The
Hindu religion believes that the Brahmins are intellectual class. 56

All these were the reasons and ways given by Dr. Ambedkar in order to erase caste system some of
them may seem extreme but according to the situation which is present in India I can justify these
measures ,what happened recently in Guna District of Madhya Pradesh clearly shows a light on
horrific caste system in which a Dalit couple was beaten by the police as they try to save their crops .i
personally think manusmiriti should be erased because not only it diminishes the value of humans on
the grounds of caste but also tries to separate one human being from others. Anything which is
responsible to create divide in the society must be annihilated. 57

54
Annihilation of CasteBook by B. R. Ambedka
55
Annihilation of CasteBook by B. R. Ambedka
56
Annihilation of CasteBook by B. R. Ambedka

57
Annihilation of CasteBook by B. R. Ambedka
According to my personal opinion there are various ways to abolish caste system –
Stop saying “I do not have faith in in caste, so I even eat in the house of the dalit”. This designates
you are pleasing in pride that I being an upper caste is generous enough to have food in the lower
caste.Leave the Hindu fold. This is the real cause of the humiliating life of the untouchables. So
there is no use in lingering in its fold. When some people were/are not even allowed to enter in the
god’s room then, why they need such god? , Stop telling someone as vaishnav, Kshatriya, or Ahire
there is no use taking pride of the ancestor. Stop considering the untouchables as inferior. All are
humans irrespective of caste, colour, and creed. If we want to survive as a nation we are bound to
consider the welfare of the untouchables too.Stop telling reservation had spoiled the country progress.
I have to really appreciate these people who become true patriots and find the caste system harmful
only when it affects their education and job some of them are even in our own university. It should be
a shame on such teachers, professor who are really making fun of untouchables, reservation. Work
towards a system where ability not birth (caste) matters and this last one is to north Indians specially.
Stop using caste as last names, Stop using caste names in the wedding cards. Use only the first name.
If someone wants to be proud do some work, do not boast about your ancestors work. Nothing, not
even government could eradicate the caste system (they can abolish caste discrimination but not
system) except the individuals themselves. And hopefully we all will live to see the day when there
will be unity among all the humans and no one will be judged by their last name.
Caste is a destructive man made thing and people should top using that but sadly in our world
politicians will still use it as a tool to gather votes and polarising people in the name of caste for
example let’s take Uttar Pradesh, whole political parties were established on the basis of caste where
BJP represents Thakurs and Brahmins,Samajwadi represents Yadav and other OBCs and Bhahujan
party represents Dalit’s . This clearly shows that the government is using caste only in the name of
votes, people are being taught to hate each other on grounds of caste, we as a nation will never going
to succeed until we left this old and horrific caste system because of this many lives were lost and
even now we see such cases particularly in north India where caste system is till implemented and
practised by its people heavily.