Dharma and Castes in the Indian Modern Law

The country’s official penal code (link 2) does not address the concept of dharma, but immoral intentions are mentioned in Section 372 of the Indian Penal Code (IPC) concerned with selling minors into sex slavery or for any other “immoral” purposes. Truthfulness, another component of sadharanadharma, is emphasized in Section 499 of the IPC about the legal consequences of defamation and ironical statements that could harm an individual’s reputation.

As for castes, in terms of official laws, the authorities’ position towards the distribution of opportunity in the system of hereditary social classes has taken a new direction. In the 1940s, India introduced a series of laws to ban the promotion of enmity on the basis of several protected characteristics, including caste (link 1). Among these laws are Sections 153A and 505 of the IPC’s most recent version. In line with the anti-discrimination law, the authorities have established a new quota system to enable more members of lower castes to get jobs and college education.

Regarding the connections between religion and legislation, Indian laws regard religious self-identity as a protected attribute, but there are no laws that would favor specific movements or transform the tenets of Hinduism into obligatory rules. Chapter 15 of the IPC details the types of offenses related to religion without naming particular groups, so every citizen’s religious feelings must be protected. The link between legislation and religion in India was stronger in the pre-independence era, which is evident from laws. Before 1955, the practice of socio-religious division and discriminating against the untouchable was not illegal (link 3). The Untouchability Offenses Act weakened the religious hierarchy by banning any attempts to prevent a person from accessing worship places. Therefore, the country’s laws have become more democratic and critical of religious supremacy.

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StudyCorgi. "Dharma and Castes in the Indian Modern Law." September 15, 2022. https://studycorgi.com/dharma-and-castes-in-the-indian-modern-law/.

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StudyCorgi. 2022. "Dharma and Castes in the Indian Modern Law." September 15, 2022. https://studycorgi.com/dharma-and-castes-in-the-indian-modern-law/.

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