Castes and Tribes of Southern India. Vol. 3 of 7Thurston, Edgar
History
Castes and Tribes of Southern India. Vol. 3 of 7
Thurston, Edgar
Caste -- India, South; Ethnology -- India, South; India, South -- Social life and customs; Tribes -- India, South
that book, performed the sign of the upanayana ceremony in a loose
manner, and in the language of the Puranas; at the time of marriage,
made marriage ceremony in seven days contrary to the custom of all
castes whatever, erected prolu posts, made lumps of dough with flour,
and got the same divided among them according to their spurious
gotrams, at midnight fetched the pot of water called arivany, and
observed the ceremonies for ten days on the occurrence of a birth,
and fifteen days on the occurrence of a death. In this manner, the
forefathers of the plaintiffs, the other merchants, and the plaintiffs
themselves, had got all ceremonies conducted for upwards of two
thousand years past." They cited instances, in which the plaintiffs,
or some of them, had failed in previous attempts to sustain the right
now claimed, and objected to the form of the plaint as not sufficiently
setting forth the particulars and nature of the obstruction for which
the plaintiffs claimed compensation. The plaintiffs, in their reply,
did not negative or rebut the specific statements of the defendants,
but insisted generally on their right to the performance of the
ceremonies in question. The point at issue being not clear from the
pleadings, the parties were questioned in open Court as to the precise
object of the action, and the ground on which it was maintained. The
plaintiffs stated that their object was the establishment of their
right to have the whole of the subha and asubha ceremonies performed
in their houses by Brahmans in the language of the Vedas, and that
they claimed this right on the ground of the Sastras. On this,
the Zilla Judge framed a hypothetical statement of facts and law
based on the defendant's answer for the opinion of the Pandit of the
Court, and, upon his opinion, declared the plaintiffs entitled to
have the ceremonies performed for them by Brahmans. Upon appeal, the
Provincial Court for the northern division remitted the suit to the
Zilla Court to take evidence, and, upon such opinions of the Pandits
which the Provincial Court took upon the same statement as the Zilla,
they affirmed the decree, but without costs. The Pandits consulted
by them were those of the Provincial Courts of the northern, centre,
southern and western divisions. They all agreed that "the Brahmans
ought not to perform the ceremonies in the language of the Vadas for
the Vaisyas." Three of them further added that, in their opinion,
the Judges ought to pass a decision, awarding that the Komatis are to
continue to perform religious rites according to the rules laid down
in the book called Puranam (i.e., in the Puranoktha form), as are at
present observed by the corrupt or degenerate Vaisyas or Komatis and
others. On appeal, the Sudder Dewani Adawlut reversed the decisions
of the lower Courts, "having maturely weighed the evidence produced,
and considered the unbiassed and concurring opinions of the four law
officers of the Provincial Courts." On further appeal to the Privy
Public-domain text, read in full here on John Shaqi.
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