Chapter 17 The Rock on which it is built - Page 187

172 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

The natural sanction operates through habit. When a person is habituated to act in a certain way nothing is required to force him to act in that way. He becomes an automation and the regularity of the act is guaranteed as a matter of routine.

Popular sanction works through public opinion. It was the sense of approbation and disapprobation prevalent in Society in relation to certain ways and practices. A certain way becomes folkway and Acts in conformity with an established folkway, receives approbation and an Act contrary to it is regarded with disapprobation.

There is nothing special either in the natural sanction or popular sanction. They are to be found everywhere and behind everything that is social in its import. Their native force is precarious and wherever it possesses more than its ordinary efficacy it is only when they are derived from either of the other two sanctions. Legal sanction and Religious sanction are the only two sanctions which are capable of sustaining any given institution.

There is no doubt that caste had the sanction of Hindu Law. Every Hindu Law Book has recognized Caste as a legal institution—a breach of which was an offence and entailing punishment. The Law Book of Manu called Manav Dharma Shastra is the oldest and the most authoritative Law Book of the Hindus. It would be enough to quote from it texts showing that Caste was recognized by Law.

Manu, the Hindu Law giver gives legal recognition to the institution of the four Varnas. To lay down the law of the four Varnas seems to be the principal object of Manu’s code. This is clear from the opening verses of the Code. They state that:

I.1. The great sages approached Manu, who was seated with a collected mind, and, having duly worshipped him, spoke as follows:

I.2. “Deign, divine one, to declare to us precisely and in due order the sacred laws of each of the (four chief) castes (varna) and of the intermediate ones.”.

Not only he gives it his legal sanction, he makes it incumbent upon the King to uphold the institution:

VII.35. The king has been created (to be) the protector of the castes (varna) and orders, who, all according to their rank, discharge their several duties.”.

VIII.24. All castes (varna) would be corrupted (by intermixture), all barriers would be broken through, and all men would rage (against each other) in consequence of mistakes with respect to punishment.”.

Manu makes breach of Caste a sin and prescribes three different punishments to one who has become a Patit by loss of caste.