The codex

Two codes, read across

Two codes, read across. On the left, a provision of the old order — the varna-dharma of the classical corpus. On the right, the article of the Constitution (in force 26 January 1950) that inverts it, and the statute that enforces the inversion. Constitutional text is public record and quoted plainly. Old-code verse numbers are withheld until confirmed against a scholarly translation.

  1. Untouchability

    Old code

    Certain communities placed outside the four varnas and treated as 'untouchable' — barred from temples, wells, and shared streets, their dwellings ordered to lie outside the village, contact framed as ritual pollution.

    [Documented]Manu 10.51–53 — dwellings outside the village (Bühler tr.)

    Constitution · Article 17

    “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

    [Documented]

    Enforced by

    Protection of Civil Rights Act, 1955; SC/ST (Prevention of Atrocities) Act, 1989.

  2. Equality before law

    Old code

    Graded penalties by varna: the same offence drew lighter punishment for a higher varna and harsher for a lower — legal privilege written into rank.

    [Documented]Manu 8.337–338, 8.379–380 (Bühler tr.)

    Constitution · Article 14

    The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

    [Documented]

    Enforced by

    Enforced through the ordinary criminal and civil law applied without distinction of caste.

  3. Non-discrimination

    Old code

    Access to public and sacred space allotted by varna; the lower orders excluded from wells, tanks, roads, and temples.

    [Documented]

    Constitution · Article 15(1)–(2)

    The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth. No citizen shall be denied access to shops, public restaurants, wells, tanks, roads and places of public resort on such grounds.

    [Documented]

    Enforced by

    Enforced via the Protection of Civil Rights Act, 1955.

  4. The right to learn

    Old code

    Vedic learning was the preserve of the 'twice-born'; the Shudra and those outside varna were barred from sacred study. Manu bars teaching sacred law to a Shudra; the harsher molten-lead-in-the-ears penalty for hearing the Veda is from the Gautama Dharmasūtra.

    [Documented]Manu 4.80–81, 10.4; Gautama Dharmasūtra XII.4–6 (Bühler tr.)

    Constitution · Articles 15(4), 15(5), 46

    The State may make special provision for the advancement of socially and educationally backward classes or for the SCs and STs, including in admissions to educational institutions. The State shall promote the educational interests of the weaker sections.

    [Documented]

    Enforced by

    Reservation upheld in Indra Sawhney v. Union of India (1992); Right to Education Act, 2009.

  5. Occupation

    Old code

    Occupation was hereditary and assigned by varna — service to the higher orders was the prescribed duty of the Shudra; 'polluting' trades were fixed on those outside varna.

    [Documented]

    Constitution · Articles 19(1)(g), 16(4), 16(4A)

    All citizens shall have the right to practise any profession, or to carry on any occupation, trade or business. The State may make provision for reservation in public employment for backward classes not adequately represented.

    [Documented]

    Enforced by

    Reservation rules in central and state public service; promotion reservation under Art. 16(4A).

  6. Forced labour

    Old code

    The lowest orders were bound to unpaid corvée labour (vetti / begar) at the demand of landholders and the state.

    [Documented]

    Constitution · Article 23

    Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention shall be an offence punishable in accordance with law.

    [Documented]

    Enforced by

    Bonded Labour System (Abolition) Act, 1976.

  7. Women and personal law

    Old code

    A woman was placed under the guardianship of father, husband, then son, and denied independent standing in property and marriage under the classical order.

    [Documented]Manu 5.147–148, 9.3 (Bühler tr.)

    Constitution · Articles 14, 15(1), 15(3)

    Equality before law and non-discrimination on grounds of sex; the State may make special provision for women and children.

    [Documented]

    Enforced by

    The Hindu Code Bill enactments (1955–56): Hindu Marriage Act, Hindu Succession Act, and related laws — piloted after Ambedkar's resignation over the original bill.

  8. Marriage across caste

    Old code

    Varna endogamy was the rule; unions across varna produced the 'mixed castes' (varṇa-saṃkara) whose very existence the texts treat as a degradation and the origin of the despised jātis.

    [Documented]Manu 10.5, 10.36–40 (Bühler tr.)

    Constitution · Article 15(1)

    The State shall not discriminate against any citizen on grounds only of caste; inter-caste marriage carries no legal disability.

    [Documented]

    Enforced by

    Special Marriage Act, 1954 — civil marriage across caste and religion; several states run inter-caste marriage incentive schemes.

  9. Political representation

    Old code

    Governance was the domain of the upper varnas; those outside the order had no seat in the polity or its assemblies.

    [Documented]

    Constitution · Articles 330, 332, 243D, 243T

    Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies, and in panchayats and municipalities.

    [Documented]

    Enforced by

    Delimitation orders; extended each decade under Article 334.

Rows are data — add or edit them in src/data/codex.json. Where an old-code entry shows “citation pending verification,” the substance is documented but the exact verse is still being checked against a public-domain translation; see Method.