Eleanor Finch
The Indian caste system has its roots in ancient history, with the first mentions of varna and jati appearing in the 8th century in Jain literature. The system divides Hindus into four main categories: Brahmins, Kshatriyas, Vaishyas, and Shudras, with each group occupying a specific place in a complex hierarchy. While the formal distinctions of caste were once flexible, the British colonial rulers hardened these boundaries, using censuses to simplify the system and make it a defining feature of Indian society. The East India Company officials also adopted constitutional laws that were segregated by religion and caste. This legacy of caste-based discrimination continued to shape Indian society even after independence, with B.R. Ambedkar, born into an untouchable caste, playing a key role in drafting modern India's constitution in the 1940s. Despite constitutional protections banning caste-based discrimination, caste continues to influence politics, with politicians exploiting caste groups for electoral gains.
| Characteristics | Values |
|---|---|
| The structure and content of the original Constitution | Based on the effort to preserve a racial caste system—slavery—while at the same time affording political and economic benefits to whites |
| The criminal justice system | Racist with racial biases |
| The formerly incarcerated | Often denied the right to vote, excluded from juries, and faced a racially segregated and subordinated existence |
| Laws, regulations, and informal rules | Reinforced by social stigma that denied people access to the mainstream economy and the ability to obtain employment, housing, and public benefits |
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What You'll Learn
- The original constitution was based on preserving a racial caste system
- The constitution was designed to protect the interests of the wealthy
- The constitution was built on a compromise regarding the racial caste system
- The constitution denied basic rights to formerly incarcerated people of colour
- East India Company officials adopted constitutional laws segregated by caste
The original constitution was based on preserving a racial caste system
The structure and content of the original Constitution were largely based on preserving a racial caste system, specifically slavery, while also protecting the political and economic interests of the elite class. The southern slaveholding colonies agreed to form a union only if the federal government could not interfere with their right to own slaves. The language of the Constitution was deliberately colourblind, avoiding the use of words like "slave" or "Negro". However, the document was built upon a compromise regarding the prevailing racial caste system.
The Constitution was designed to protect the property interests of the white elite, who sympathised with the slaveholding colonies' demands for "property rights". James Madison, for example, stated that the nation ought to be constituted "to protect the minority of the opulent against the majority." As a result, the Constitution was structured to ensure a weak federal government, unable to interfere with private property rights or state affairs.
Additionally, the original Constitution reinforced the racial caste system by implementing discriminatory barriers that encouraged lower-class whites to maintain a sense of superiority over blacks. This tactic, known as the "racial bribe," redirected class hostility away from the white elite and towards racial competition. Leaders aggressively campaigned for white supremacy to prevent poor and illiterate whites from uniting with blacks to fight for their shared right to vote.
While the caste system in India is different from the racial caste system in the US, it is important to note that India's constitution was also influenced by caste. B. R. Ambedkar, who was born in an "untouchable" caste, played a key role in drafting modern India's constitution in the 1940s. He wrote extensively about the negative impacts of the caste system and advocated for constitutional reform to remove references to caste. However, caste continues to play a role in Indian politics, with political parties indulging in caste-based votebank politics.
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The constitution was designed to protect the interests of the wealthy
The original constitution was designed to protect the interests of the wealthy, with the structure and content based largely on preserving a racial caste system and upholding slavery. The southern slave-holding colonies agreed to form a union on the condition that the federal government would not interfere with their right to own slaves, and the constitution was designed to protect these "property rights". This was achieved by ensuring that the federal government would be weak in relation to private property and the rights of states.
The racial caste system in the US has been compared to the Jim Crow era, where formerly incarcerated people of colour are denied access to the mainstream economy and are unable to obtain employment, housing, or public benefits. They are also denied the right to vote and are excluded from juries, leading to a subordinated existence. These discriminatory barriers were designed to prevent interracial political alliances from forming and toppling the white elite.
The East India Company, a colonial power in India, also played a role in reinforcing the caste system. Company officials adopted constitutional laws that were segregated by religion and caste, and they used censuses to simplify the system, making it easier to govern.
Despite these obstacles, some low-caste Indians, such as B.R. Ambedkar, who authored the Indian constitution, have risen to hold prestigious positions. India's constitution banned discrimination based on caste and implemented quotas in government jobs and education to correct historical injustices.
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The constitution was built on a compromise regarding the racial caste system
The original constitution was built on a compromise regarding the racial caste system, specifically to preserve slavery. The southern slaveholding colonies agreed to form a union only if the federal government would not interfere with their right to own slaves. The language of the Constitution was deliberately colourblind, avoiding the use of words like "slave" or "Negro". However, the document was designed to protect the property interests of the wealthy, including slaveholders. This resulted in a weak federal government with limited power over private property and state rights.
The racial caste system in the US has been compared to the Jim Crow era, where formerly incarcerated people of colour face social stigma, denial of basic rights, and exclusion from mainstream opportunities for employment, housing, and public benefits. This system of mass incarceration perpetuates racial bias and denies individuals the ability to reintegrate into society, mirroring the historical segregation and second-class citizenship experienced by African Americans.
The caste system in India, though different in context, has also been influenced by colonial powers. The East India Company, for example, adopted constitutional laws that segregated people by religion and caste, contributing to the hardening of caste distinctions. B. R. Ambedkar, a key figure in drafting modern India's constitution, was born into an "untouchable" caste and campigned for human rights. He believed that the caste system originated in the practice of endogamy and that it spread through imitation, becoming a complex hierarchy that dictated religious and social life.
While the Indian constitution banned discrimination based on caste, the country continues to grapple with the legacy of the caste system. Caste-based politics remains prevalent, and activists like KK Sarachandra Bose have campaigned for constitutional reform to remove all references to caste, arguing that the term itself conflicts with human rights declarations.
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The constitution denied basic rights to formerly incarcerated people of colour
The original constitution was designed to preserve a racial caste system, with the criminal justice system at its core. The constitution was based on the effort to maintain a racial hierarchy, specifically slavery, while also providing political and economic advantages to certain groups. The northern white elites and southern slaveholding colonies agreed to form a union with the understanding that the federal government would not interfere with their right to own slaves and protect their property interests.
The language of the constitution avoided explicit references to race or slavery, but its underlying structure reinforced the racial caste system. This resulted in the denial of basic rights for formerly incarcerated people of colour. Once released from incarceration, people of colour often faced significant barriers. They were denied the right to vote, excluded from juries, and relegated to a racially segregated existence. Through laws, regulations, and informal rules, they were denied access to economic opportunities, employment, housing, and public benefits. This led to a cycle of racial bias and mass incarceration, mirroring the Jim Crow era, where African Americans were forced into second-class citizenship.
The racial caste system in the US functioned through the criminal justice system, which has been criticised for its inherent racism and racial bias. This is evident in the mass incarceration of people of colour, which disproportionately affects the Black community. Once released, formerly incarcerated individuals of colour face numerous challenges and are often denied basic rights and opportunities. They are excluded from mainstream society and face legal and social barriers that hinder their ability to rebuild their lives.
The denial of basic rights to formerly incarcerated people of colour has significant social and economic implications. It contributes to the cycle of poverty and crime within affected communities. Without access to employment, housing, and public benefits, individuals are unable to support themselves and their families, leading to increased economic disparities and social instability. Furthermore, the denial of the right to vote and participation in juries further marginalises these individuals, stripping them of their civic rights and representation in the democratic process.
While the original constitution played a role in reinforcing the racial caste system, it is important to recognise that societal attitudes and biases also contribute to these issues. Racial biases and discrimination are pervasive in society, influencing policies, law enforcement practices, and community perceptions. Addressing the denial of basic rights for formerly incarcerated people of colour requires a multifaceted approach that includes legal reforms, societal attitude changes, and the promotion of racial equality and social justice.
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East India Company officials adopted constitutional laws segregated by caste
The East India Company (EIC) was an English, and later British, joint-stock company founded in 1600 and dissolved in 1874. It was formed to trade in the Indian Ocean region, initially with the East Indies (South Asia and Southeast Asia), and later with East Asia. The company gained control of large parts of the Indian subcontinent and Hong Kong.
The EIC adopted constitutional laws that were segregated by religion and caste. The legal code and colonial administrative practice were largely divided into Muslim law and Hindu law, with the latter including laws for Buddhists, Jains, and Sikhs. Brahmins, along with scribes, ascetics, and merchants who accepted Hindu social and spiritual codes, became the authority on Hindu texts, law, and administration of Hindu matters.
The East India Company's adoption of constitutional laws segregated by caste was influenced by their attempts to balance conflicting Hindu and Muslim interests and align with regional rulers and large assemblies of military monks. This "caste, class, community" structure became valuable in a time of fragmenting and unreliable state apparatus, allowing the East India Company to gain commercial interests in India.
The caste system in India has its origins in ancient India and was transformed by various ruling elites over time. It was originally centered around varnas, with Brahmins (priests) and, to a lesser extent, Kshatriyas (rulers and warriors) serving as the elite classes, followed by Vaishyas (traders, merchants, and farmers) and finally Shudras (labourers). Outside of this system were the oppressed and marginalized Dalits (Untouchables) and Adivasis (tribals).
The British Raj furthered the caste system through census classifications and preferential treatment to Christians and certain castes. After gaining independence in 1947, India banned discrimination based on caste and enacted affirmative action policies.
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Frequently asked questions
A racial caste system involves acknowledging the existence of racism and racial bias in the criminal justice system. It also involves recognizing that mass incarceration in the US mirrors the Jim Crow era, where previously incarcerated individuals are denied the right to vote, excluded from juries, and forced into a segregated and subordinated existence.
The original constitution reinforced the caste system through laws, regulations, and informal rules that were reinforced by social stigma. These laws denied people access to the mainstream economy and legally prevented them from obtaining employment, housing, and public benefits. The structure and content of the original constitution aimed to preserve a racial caste system, specifically slavery, while also affording political and economic advantages to certain groups.
The "racial bribe" refers to discriminatory barriers that were designed to encourage lower-class whites to maintain a sense of superiority over blacks. This made it less likely for them to form interracial political alliances against the white elite. Leaders of the movement pursued an aggressive campaign of white supremacy to ensure that poor and illiterate whites did not lose their right to vote, thereby reinforcing the racial caste system.
