Annihilation of Caste: The Annotated Critical Edition (45 page)

124
Albert Venn Dicey (1835–1922) was a British jurist and constitutional theorist who expounded the theory of the ‘rule of law’ and popularised the term. The quote that follows is from
Introduction to the Study of the Law of the Constitution
(1885, 75–6) which forms a part of the unwritten British Constitution and is therefore also referred to as
English Constitution
.

125
Leslie Stephen (1832–1904) was a British philosopher, and literary and social critic. A reference to his comments on the prohibition of blue-eyed babies can be found in Dicey (1885, 78) cited above. Dicey is quoting Stephen from the
Science of Ethics
(1882), a work that sums up the ethical consequences of the theory of evolution.

126
Ambedkar is referring to the concept popularised by Carlyle in the nineteenth century: the great man theory. Carlyle’s
On Heroes, Hero-Worship and the Heroic in History
(1840) points out the essential role of great men in history, such as Muhammad, Luther, Rousseau, Cromwell and Napoleon among others, as the moving force of history. The main criticism of the great man theory was formulated by Herbert Spencer in
The Study of Sociology
(1873), but Carlyle’s theory has occupied the mind of many an influential thinker, for example Leo Tolstoy.

127
This is the injunction from the
Manusmriti
that Ambedkar cites at the opening of AoC. See Note 1 at 1.2.

128
Shishthas: Brahmins educated in religious matters.

129
(
Anaamnaateshu dharmeshu katham syaaditi chedbhavet/ yam shishtaa braahmanaa bruuyuh sa dharmah syaadashadgkitah
.) Ambedkar first cites the translation of
Manusmriti
12.108 from Bühler (1886/2004, 337) and then gives the Sanskrit verse. Bibek Debroy’s translation: “If asked about parts of Dharma that have not been stated, without a doubt, what learned/good Brahmins state is Dharma.”

130
It is not clear what Ambedkar is referring to as the ashtadhikaras.
Adhikara
, in both Vedic Hinduism and tantra, refers to the religious qualification and eligibility to perform certain rituals. According to James Lochtefeld (2002, 6), “This refers partly to knowing how to perform the ritual, and thus being ‘qualified’…More importantly, it refers to having gained the ritual status that entitles one to perform the ritual. This status is usually conferred by some sort of formal initiation … by one’s teacher.” Thus we may say Shambuka, the pivotal Shudra in the Ramayana, does not have the adhikara to perform a Vedic rite, and is hence punished. For further discussion of the idea of adhikara, see Wilhelm Halbfass (1990, 67), where he says “
adhikara
assumes such meanings as ‘authority,’ ‘competence,’ ‘vocation,’ but also ‘obligation,’ and ‘responsibility.’ It refers to ‘governing’ functions and elements not only in nature or society, but also in texts and teachings, where it may indicate a governing rule or dominant theme.”

131
Sanskaras
(also samskaras) is the collective name given to various life-cycle sacrifices and rituals marking the different stages of human life; they are the rites that make people (or things) fit for a purpose (of performing rituals, taking one’s rightful place in society), by removing taints and generating good qualities (Michaels, 2005, 74). Hindu Dharmashastras differ on the total number of sanskaras (twelve to eighteen) but sixteen sanskaras are generally agreed upon.

132
The word used in AoC 1936 is “silenced”; amended in 1937 and 1944 to “frozen instantly it is told”. Edited here for clarity

133
In AoC 1936, this reads as “do not suffer equally”; amended in 1937.

134
This is the popularised version of one of the sentences from
The Communist Manifesto
(1848): “The proletarians have nothing to lose but their chains. They have a world to win. Working Men of All Countries, Unite!”

135
In AoC 1936: “you cannot use the slogan which Karl Marx used”.

136
In AoC 1936, this sentence reads: “The Caste System is an
imperium in imperio
and in the general dissolution of Caste, some castes stand to lose more of their prestige and power than other castes.”
Imperium in imperio
means a state, power or sovereignty within a state, power or sovereignty.

137
(
Vedah smritih sadachara svasya cha priyamaatmanah
.) Debroy: “For his own self and for those who are loved by him, the Vedas, the Smritis and good conduct …” This is a half of the shloka couplet. The complete shloka, from
Manusmriti
2.12, is rendered by Bühler as: “The Veda, the sacred tradition, the customs of virtuous men, and one’s own pleasure, they declare to be visibly the fourfold means of defining the sacred law” (1886/2004, 19). The second line in Sanskrit reads as:
(
Etajna-chaturvidham praahu saakshadharmasya lakshanaam
.)

138
Sadachar: Sanskrit for ethics or right behaviour, what Doniger and Smith render as “the conduct of good people”. Ambedkar gives his explication in 22.14–15 of AoC.

139
(
Yo-avamanyeta tey muule hetushaastraashrayaatdvijah/ sa saadhubhirbahishkaaryo naastiko vedanindakah
.)
Manusmriti
2.11. Debroy’s translation: “Every dwija [it can be rendered as either Brahmin or belonging to the first three varnas] who depends on texts of logic and ignores these two sources [the earlier shloka mentions] must be banished by virtuous people, as a person who is a non-believer and as one who criticises the Vedas.” Bühler’s edition renders this as: “Every twice-born man, who, relying on the Institutes of dialectics, treats with contempt those two sources (of the law), must be cast out by the virtuous, as an atheist and a scorner of the Veda” (1886/2004, 19).

140
At this point, in both AoC 1936 and 1937, Ambedkar introduces a verse from the Mahabharata, which in the 1944 edition he places later; see 22.7 in this edition: “The same rule is laid down in the Mahabharata:

141
In AoC 1936, the two sentences are conjoined with a “but”, to read: “Either of them may be followed but no attempt …” In 1937 and 1944, the “but” is removed.

142
(
Shrutidvaidham tu yatra syaattatra dharmaavubhau smritau
.) This is the first line of
Manusmriti
2.14. Debroy’s translation: “When there are two shruti texts that conflict, both are said to be Dharma.” Bühler: “But when two sacred texts (shruti) are conflicting, both are held to be law; for both are pronounced by the wise (to be) valid law” (1886/2004, 20). Ambedkar paraphrases the verse after citing it.

143
(
Yaa vedavaahyaah smrutayo yaashcha kaashcha kudrishtayah/ Smritisarvaastaa nishphalaah pretya tamonishthaa hi tah smritaah
.)
Manusmriti
12.95. Debroy: “All the smriti and other texts which are based on wicked doctrines and are outside the Vedas, lead to no fruits after death. It is said that they are based on darkness.” Bühler renders this as: “All those traditions (smriti) and those despicable systems of philosophy, which are not based on the Veda, produce no reward after death; for they are declared to be founded on Darkness” (1886/2004, 335).

144
Brihaspati was a Brahmin law-giver of the sixth or seventh century CE. Brihaspati’s major work, the
Brihaspati Smriti
, survives only in fragments. It has been published in
The Minor Lawbooks
(1889), translated by Julius Jolly. Brihaspati is considered the first Hindu law-giver to separate civil law from criminal law, and his views concerning women’s rights are considered liberal. Nonetheless, he confers the death sentence on a man who has a sexual relationship with a ‘high’-caste woman, while merely assigning fines for men who have a sexual relationship with a woman of equal or of ‘lower’ caste. Consent (or the absence of it) on the woman’s part does not alter the severity of the punishment. See G.S. Ghurye (1969, 245).

145
(
Vedaarthatvopanibandhutbaat praamaanyam hi manoh smritam/ Manvarthavipareeta tu yaa smrutih saa na shasyatey
.) Debroy: “In the first line of this verse there seems to be a typographic error. The first line should actually read
(
Vedaarthopanibaddhatvaat praadhaanyam tu manoh smrutam
.) This is from the Vyavahara-kanda of
Brihaspati Smriti
. However, it is not from the main text; it is tagged on at the end of Vyavahara-kanda, chapter 1. The shloka therefore does not have a number.” Debroy’s translation: “But, for determining the boundaries of the meaning of the Vedas, Manu’s smriti is pre-eminent. Any smriti that is contrary to Manu should not be taught/praised.”

146
(
Puraanam maanavo dharmah saango vedashchikitsitam/ Aajnaasiddhaani chatvaari na hantavyaani hetubhih
.) Debroy: “This verse does not exist in the complete Critical Edition of the Mahabharata (Bhandarkar Oriental Research Institute, launched in 1966, ten years after Ambedkar’s demise). Bhandarkar has it listed as 14.98–72 in the rejected texts, but there it occurs as the following, with a minor variation in the first word. That is, it is in Ashvamedhika parva, which does not figure in the Critical Edition:

(
Bhaaratam maanavo dharmo vedaah saadgaashchikitsitam/ Aajnaasiddhaani chatvaari na hantavyaani hetubhih
.) A translation of the version Ambedkar uses: ‘The Puranas, Manu’s dharma, the Vedas and their limbs, and medicine—these four are in the nature of commandments. Under no circumstances must they be killed/destroyed.’ ”

147
Refer to the experiences of W.C. Bonnerjee discussed in Note 10 to AoC 2.6 as illustrative of Ambedkar’s point.

148
Prayaschitta: Sanskrit for the purification rituals undertaken in penance after breaking caste taboos. It has also been variously understood as a combination of atonement, expiation and repentance. The Dharmashastras discuss prayaschitta (expiation) along with
achara
(ritual) and
vyavahara
(jurisprudence) as aspects of Hindu law.