Brahmanism and Patriarchy in Corridors of Law​​

Harshul Bangia
O.P. Jindal Global University, India.

Volume IV, Issue I, 2021

The Indian Caste System is one of the main dimensions of the social division of people in India by class, place, tribe, religion, gender, and language. Not only in the Indian caste system, but discrimination is also seen in the family structure. In the ideals that are being taught to the new generation, patriarchy or dominance of men in a family has been rooted. Judges’ own biased views and their impartial thinking are very different from what the statute seeks to offer, which leads to tension between different members of society’s hierarchy. The purpose of this paper is to explain the discrimination in determining a matter specifically involving lower caste individuals and how the Indian Caste System promotes the statistical representation of a specific caste and gender of judges in court. After objectively studying how caste plays an important role in the decision of a case, a new way out has been suggested for a fair and better tomorrow as intended by the constitution drafters.

Keywords: Brahmanism, Patriarchy, Caste System, Judiciary, and Equality.