超越贱民地位的法律:从进入寺庙到暴行和法律变革

Dag-Erik Berg
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摘要

在独立运动期间,关于改善贱民种姓状况的关键问题是进入寺庙和进入公共场所。进入公共空间和设施,比如马哈德的水箱,对安贝德卡在20世纪20年代的运动很重要。安贝德卡领导了1929年浦那的进入寺庙运动,但在20世纪30年代初,他似乎对这种策略失去了兴趣。事实上,正是甘地在独立运动期间想要为贱民种姓建立寺庙入口的运动中获得了突出的地位。制宪会议后来通过了一项废除贱民制度并禁止其做法并将其定为犯罪的条款(第17条)。这篇文章代表了一种解决印度独立后贱民问题的策略。在甘地看来,进入寺庙代表了一种整体主义的理念,以及一种包容所有人的愿景,包括印度教中的每个种姓。他想要和谐社会,将贱民融入印度社会秩序,以适应上层种姓的仪式和习俗。甘地是印度教内部的几位社会改革家之一,对贱民进入寺庙的关注代表了民族主义运动中社会改革的一个因素。但是进入寺庙的想法将宗教包容的想法引入了公共领域。它所代表的论述并不完全符合达利特所遇到的被排斥的基本问题。这种早期的做法对于遏制经常发生在达利特人身上的基于种姓的暴力没有帮助。基于种姓的暴力在法律上是一种反常现象,它导致了后殖民时期法律和术语的几次变化。在本章中,我认为,在这种早期的种姓方法中,对寺庙准入的关注不足以解决基于种姓的压迫。印度独立时的霸权叙事集中在贱民和进入寺庙上,但这种方式发生了变化,因为进入寺庙并不能解决基于种姓的暴力的持续趋势。新的话语带来了法律上的变化。这些变化可以被视为学习过程,它涉及如何将达利特遭受压迫的问题概念化。很明显,诸如公民权利和进入寺庙之类的概念歪曲了达利特人的基本问题,特别是基于种姓的暴力。
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Law beyond Untouchability: From Temple Entry to Atrocity and Legal Change
During the independence movement, the key concerns that emerged regarding ameliorating the situation for untouchable castes were temple entry and access to public places. Access to public spaces and facilities, such as the water tank in Mahad, was important to Ambedkar's movement in the 1920s. Ambedkar led temple entry movements such as the one in Pune in 1929, but he seemed to have lost interest in this strategy by the early 1930s. In fact, it was Gandhi who gained prominence in the movement that wanted to establish temple entry for untouchable castes during the independence movement. The constituent assembly later adopted an article that abolished untouchability and prohibited and criminalized its practices (Article 17). The article represents a strategy for addressing the problem of untouchability in the independent Indian state. In Gandhi's perspective, temple access represented an idea of holism and a vision of accommodating everyone, including every caste within the Hindu fold. He wanted to harmonize society and integrate untouchables into the Hindu social order in ways that corresponded with the adaptation of the rites and customs of the superior castes. Gandhi was one of the several social reformers within the Hindu fold, and the focus on temple access for untouchables represented an element of social reform in the nationalist movement. But the idea of temple entry introduced the idea of religious inclusion into the public sphere. It represented a discourse that did not entirely correspond with the basic problems of exclusion that the Dalits encountered. This early approach was unhelpful in relation to curbing the caste-based violence that frequently happened to Dalits. Caste-based violence was a legal anomaly, and it resulted in several changes in law and terminology during the postcolonial period. In this chapter, I argue that the focus on temple access in this early approach to caste was inadequate to address caste-based oppression. The hegemonic narrative at the time of the independence focused on untouchability and access to temples, but this approach underwent changes because gaining entry to temples would not solve the persistent trend of caste-based violence. New discourses created legal changes. These changes could be viewed as learning processes that concerned how the Dalit problem of enduring oppression could be conceptualized. It became clear that a concept such as civil rights and the idea of temple entry misrepresented the basic problems of Dalits, especially caste-based violence.
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Foundations of Caste and Constitutional Democracy: Ambedkar, Equality and Law Law beyond Untouchability: From Temple Entry to Atrocity and Legal Change Conclusions on Caste and Law Casteism and the Tsundur Atrocity The Karamchedu Killings and the Struggle to Uncover Untouchability
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