Manusmriti: A Threat to Constitutional Values and Social Justice

Recently there was a news that, Delhi University’s Faculty of Law was planning to introduce the Manusmriti, the ancient Sanskrit & Casteist text, in its undergraduate programme under the paper called Jurisprudence (Legal Method), prompting a certain section of faculty members in the varsity to raise concern over the move.

In the country, 85 per cent of the population belongs to the marginalized and 50 per cent of the population is women. Their progress depends on a progressive education system and teaching pedagogy, not regressive. In Manusmriti, in several sections, it opposed women’s education and equal rights. Introduction of any section or part of Manusmriti is against the basic structure of our Constitution and its principles.

The Manusmriti is known for its stringent caste system, which is inherently discriminatory. It prescribes different rules, duties, and punishments for different castes, promoting a hierarchical social structure that marginalizes SC/ST/OBCs, women & queer (Dalit-Bahujan) community and perpetuates social injustice.

The Manusmriti contains numerous verses that are overtly misogynistic. It explicitly advocates for the subjugation of women, prescribing roles and duties that severely limit their freedoms and rights. For example, it suggests that a woman should never be independent and must be under the guardianship of a male relative throughout her life. This directly contradicts the principles of gender equality enshrined in the Indian Constitution.

How it is against Constitutional Values: The Indian Constitution is founded on principles of justice, liberty, equality, and fraternity. Introducing the Manusmriti, which promotes discriminatory practices and social hierarchies, is antithetical to these foundational values. It can undermine the spirit of inclusivity and secularism that the Constitution aims to uphold.

Including Manusmriti in education will be seen as a step backward. In a progressive society, education should focus on promoting human rights, equality, and social justice. Ancient texts that propagate Brahaminical regressive ideologies should not form the basis of contemporary legal principles and education.

Manusmriti in the curriculum can alienate and further marginalize communities that have historically been oppressed by the ideologies espoused in the text. It creates exclusion and injustice among students from marginalized & depressed backgrounds, impacting their educational experience and sense of belonging. Introduction of Manusmriti into the curriculum is Brahaminical, Anti SC ST OBC, Anti women, Anti Student & regressive. It poses a threat to the principles of equality, justice, and inclusivity that are fundamental to the Indian Constitution and the progress of Indian society.

Now it seems to be the Campus against Constitution. As a Delhi University student, I’ve observed inside campus that many professors frequently draw comparisons between religious texts and the Constitution, often framing Indian law as primarily serving the Hindu religion.

Additionally, several professors seem to share this perspective, as evidenced by their willingness to express these views openly in front of students.

This approach is particularly concerning because it is being incorporated into the jurisprudence course as a “text” rather than as a critical reading. A critical reading would include not only the text itself but also the interpretations of scholars, which would encourage more nuanced discussions. Introducing it merely as a text leaves room for subjective interpretations by both students and professors, undermining the goal of fostering critical thinking.

Moreover, there seems to be a trend of hiring professors aligned with right-wing ideologies, the appointment of a sanghi Vice Chancellor, and organizing events that promote Hindu religious texts. This raises concerns about the alignment of these activities with the Constitution and suggests an agenda to subtly instill specific values and beliefs, such as those found in the Manusmriti, in the minds of students, rather than encouraging independent critical thought.

The introduction or inclusion of Manusmriti in the curriculum at Delhi University is not solely about academic study but about the message it sends in the current socio-political climate. While it is true that Dr. Ambedkar studied and referenced Manusmriti to understand and critique caste-based discrimination, he did so with the express purpose of dismantling its regressive ideologies.

Ambedkar’s engagement with Manusmriti was part of a larger effort to expose and challenge the oppressive structures within Hindu society. His works, such as “The Annihilation of Caste,” are critical of the Manusmriti and its influence on the caste system. By including Manusmriti as a suggested reading, without a robust critical framework, there is a risk of legitimizing and perpetuating its regressive ideas rather than fostering critical examination.

We should Challenge the Inclusion of Manusmriti in Delhi University’s Jurisprudence Curriculum which is the Threat to Constitutional Values and Social Justice.

In conclusion, the proposed introduction of the Manusmriti into Delhi University’s Jurisprudence curriculum raises significant concerns about its alignment with the fundamental values of the Indian Constitution. This ancient text, known for its casteist and misogynistic principles, contradicts the ideals of justice, equality, and inclusivity that our Constitution upholds. Incorporating the Manusmriti without a critical framework risks normalizing regressive ideologies and marginalizing already oppressed communities. As students and advocates for progressive education, it is imperative that we challenge such moves that threaten to undermine the advancements in social justice and human rights. The focus of education should remain on fostering critical thought and inclusivity, ensuring that all voices, especially those of marginalized groups, are heard and respected.