The Breast Tax: Historical Injustice and Legal Perspectives

VIVEK V. YADAV D.Y. Patil College of Law

ABSTRACT

The Breast Tax, a cruel ritual enforced on women of lower castes in the Kingdom of Travancore (now known as Kerala, India), highlights the overlap of caste and gender discrimination in the history of India. This study investigates the social and legal aspects of the Breast Tax, its implementation, and the rebellions that resulted in its elimination. This draconian practice of subjecting women from lower castes to cover their chests when in public wasn’t limited to just money or other financial causes but also a method to uphold the brute domination of the caste system and continue the oppression of groups belonging to lower castes

Through this paper, an attempt has been made to throw light on the historical background of Breast Task as well as its usages to perpetuate system oppression based on caste. It also examines the legal structures that backed this tradition and the involvement of British colonial officials in maintaining caste-related prejudice. The key role played by resistance movements, especially Nangeli’s symbolic act of defiance, in challenging the oppressive social system and ultimately resulting in the tax’s abolition is emphasized.

The study and focus of this paper is to highlight how practices such as Breast Tax still find their way to caste-based discrimination and oppression for the lower castes and have perpetuated their way to modern-day society and how we perceive caste hierarchy in a societal standpoint.

INTRODUCTION

The evil of breast tax is an astute example of how caste and gender-based discrimination have always been rampant in India. Historically, the kingdom of TRAVANCORE brought into practice this tax to not only widen the existing rift between the different classes of the society, but also to garner financial gains in exchange of the decency of a woman in the society. This form of regulation based on caste difference was a motivated agenda to further reinstate societal control in the hands of the “upper castes”. The implications of this tax were to further marginalize the existing lower class communities and to exploit them financially.

The origins of breast tax find their roots back in Kerala, where the “upper caste” NAIR community held a higher position of influence and misused that power to further their gender status quo to be maintained in the society. such practices were involved, not for the betterment of society in general, but only to garner certain communities and exploit the rest.

The evil of breast tax was not only an aggressive stance against the lower caste communities but also ingrained a patriarchal mindset against women by controlling and regulating their presence in society. The requirement to pay a fee to cover their bodies served as a reminder for not only lower castes but also women that a stronger position of power would always control the choices of those who were perceived to be lower than them. This tax served the purpose of financial gains from the lower caste or systemically failed communities to those that were privileged, not just financially, but also in terms of societal standards.

The abolition of the best tax is an important chapter for not only the upliftment of women but also for the lower caste communities that had been suffering in Kerala, in the mid 19th century, for generations. Important figures, such as NANGELI served as pillars for the resistance and eventual victory. Acts of defiance, including the NANGELIS act of cutting off her breast, but not paying the tax served as benchmark symbols that ultimately defeated these prehistoric practices stemming from deep-rooted, cultural biases.

This paper serves to explore, not only the prevalence and the social dynamic of the breast tax but also the historical, and legal, authorities behind its enforcement and its ultimate abolition. This paper deals with the topic of how the legal system in place instead of resisting such oppressive practices, created a society where caste-based discrimination thrived. Furthermore, the object of this paper is to find the prevalence of the breast tax in the current scenario and how it serves its legacy for the struggles for social equality and the fight against caste based injustice.

The study of the breast tax is not merely for the reflection of historically evil practices, but also to find its relevance in the struggle today it is important to note that in order to understand the complexities of discrimination based on caste and to set in place a balance based on an individual’s gender we must, not only historically, but also analytically examine this topic.

LITERATURE REVIEW

The existing records on breast tax throw light on the historical accounts and analysis based on legal and social logical outlooks. This section focuses in depth on all of these areas with a special focus on the strengths and the limitations that have been uncovered in the existing research.

Historical Accounts

In terms of historical context, several scholars like K.SARADAMONI and LANCY LOBO have made exceptional strides in analyzing the social as well as the economic conditions that were prevalent in TRAVANCORE during the period of the 19th century. The focus of their studies was not only on the caste system but also caste-based differentiation prevalent in the society. Not limited to caste, their work contextualized how gender plays a role in society and how it was exploited to marginalize the community and to make sure they maintain their subordinate status.

SARADAMONI’s analysis in particular focuses more on the societal hierarchy that existed in the kingdom in reference to the superior position held by the Nair community and the practices they were involved in to impose their superior position. In her analysis, she argues that the financial imposition is not merely for the sake of a tax and an exchange providing a service, but to maintain and reinstate a dominant position that the upper caste holds against their lower caste counterparts. SARADAMONI’s research is supported by accounts from officials and historical records to highlight the systemic mechanisms that were put into place in order to prevent any form of resistance.

On the other hand, LOBOS research focuses entirely on the economic implications of the breast tax. Her research shed light on the marginalization of the backward classes and how their existing struggles to make a living was further being taxed by these practices. Her work also shared light on the resistance that was offered by the marginalized communities and unlike SARADAMONIS work also gives space to the role of social reforms and uprising that led to the eventual abolition of the tax.

Legal Analysis

Scholars like UPENDRA BAXI brought to focus the legal aspects involved in facilitating the caste and class based discrimination prevalent in the society. I like the previously mentioned scholar’s BAXIS work, which focuses on institutionalization through legal mechanisms of oppression. Instead of the flag bearer of the judiciary serving to resist such a draconian law, the legal facet in combination with local customs and royal decrees supported the authorities in power as a means to maintain social order.

BAXIS studies bring out an important point of how British colonial practices were not only aware that such a tax was prevalent in India, but they also supported under the ambit that societal order must be maintained and class division has historical significance in order to maintain the ways of a civilized society. the colonial era government served to play a role of not only being complicit, but also to intervene when such practices were challenged with any form of resistance. BAXIS research brought out an important insight as to how legal frameworks are often more involved in practices that threaten to disrupt the order of societal well-being. BAXIS did not concur that the legal framework created such laws, but rather to what degree they failed to prevent it.

Sociological Perspectives

Till this point, sociological perspectives were nearly focusing on how the breast tax was serving. The purpose of discrimination is based on caste and gender, but work from notable scholars like GAIL OMVEDT and BR Ambedkar serve to provide a broader understanding of how there were several social dynamics that were thriving under the bigger evil of the breast tax. Theories of these scholars asked very fundamental questions as to why certain sections of the society felt that the system of oppression and the resistance of the oppressed was an unnatural order. Rather, it must be practises of oppression and acceptance by the oppressed as the norm. OMVEDt’s work focused almost entirely on how evil such as the breast tax, serves the purpose of control over women’s bodies and more so that of women belonging to the lower caste. The perpetrators of such evils were almost entirely convinced such practices were significant to maintain social order, but rather their actions were inspired more so to reinforce the subordinate status of “backward classes”. Her findings were backed by real-life experiences of women who are subjected to this tax and almost all of them being a part of marginalized communities.

Ambedkar’s findings on the other hand did not focus on a set community but the Indian society as a whole. He raised several important points about how the reinstating of societal hierarchy was meant to perpetuate divisions based on labour and social roles. His work serves to provide a theoretical framework as to how under the ambit of tax different practices had been underpinned. and how their significance was not just in the marginalized communities of a particular society, but of India as a whole.

ANALYSIS

The breast tax was in the form of a modernized and institutionalized form of operation where in different sections of the society, such as caste, gender, and economic conditions of the backward classes, intersected. This particular section tries to shed light on the historical Legal and societal implications of the tax and how it was enforced, resisted and eventually abolished. It also focuses on the broader implications of the tax in understanding the relation that exists between caste and gender in the Indian context.

Historical Context and Enforcement

The enforcement of the tax in TRAVANCORE gained its relevance because of the imbalance of the social and political context of the region where the caste system not only played a role in influencing the societal imbalance but also the economic and central decision-making process. The kingdom was a princely state that was run by a rigid standard of caste hierarchy where a particular particular community, namely the Nair community held a superior position of power and influence. This led them to make decisions in the higher order which often outweighed the personal freedom of the marginalized communities, including how they dressed, and if it was according to societal standards.

The breast tax was meant to reinforce the line of marginalization and to further uphold their subordinate status in the caste hierarchy. The tax functioned in an ambition outside of a mere financial imposition but took up an evil as to control the basic living conditions. I.e., how women dress if they belong to a particular community against their upper-class counterparts, the method involved in doing so was to deny them basic human decency of choice, and in that way, dehumanize them as a stark reminder of their lower status in the caste hierarchy.

The practice of imposition of breast tax was carried out by local officers who were the ones responsible for collecting the tax and ensuring that the dress code was compiled with. The jobs of these officials were allocated only to the individuals of upper caste communities, particularly the Nairs, who used their position of influence to maintain societal order. The collection of the tax was not a harmonized practice. It was often followed by violence and intimidation against the lower caste women who showed any form of resistance. The women were then subjected to humiliation and public punishment.

As established, the tax was not particularly oppressive only in terms of societal restrictions but also served as a financial burden on families who were often engaged in daily wage jobs that did not promise them enough expense to pay the tax. This practice served as a constant reminder of the class indifference that was perpetrated by the upper class against those that belonged to the lower. The practice brought to question the dignity of a human being. In addition to the economic exploitation that was faced in order to maintain dignity. It was also a practice that was freely available to upper caste women but was made to be monetarily enforceable for the women belonging to lower caste.

Resistance Movements

The resistance put up against the breast was an important aspect in a broad struggle involved against the car-based operation and violence that existed in Kerala. There are several instances of local protest and uprising against the tax, but there are certain more significant and symbolic ones as that of NANGELI a lower caste woman who rose to become a symbol of resistance against the oppressive practices.

NANGELIS act of resistance, wherein she cut off her breasts rather than paying the tax became a symbol of the fight against as-based oppressive practices. Her act of resistance was not only for a personal protest but was to challenge the entire societal order that was aiming to control the marginalized communities. Her resistance and sacrifice became an important symbol and her demise was a statement of outrage against the authorities in charge that had allowed such practices to continue unhinged for generations, to put a rest on them.

The abolition of the breast tax was an important cornerstone and a mark of resistance by the lower caste communities against those practices that were involved for generations and had gone unchecked for a long term. Every resistance movement played a crucial role in challenging the norms that were put into place to marginalize the communities outside of those that belong to the “upper caste”. The tax serves as a reminder of the societal as well as economical inequalities that once existed in colonial-era India.

Legal Implications

An interesting point that is brought about by the research that is conducted on the subject of breast tax and its implications is the indulgence of the legal system to not only promote but also remove any form of resistance and allow the practice to go unchecked for generations during colonial India. As much of the enforcement of the tax seeks its blame by the royal decree and local customs. It is also the resisting powers such as the legal system that failed to counter the British colonial authorities and so to be a complicit in cost based differentiation in order to gain control by a particular community of the upper caste.

The history of the breast tax and its eventual abolition served to Bring the focus on the broader societal imbalance and economic inequalities that had persisted for generations, unchecked. The existing studies on legal reforms also have a limited and narrow scope as to how the system failed to address the perpetrators of caste-based discrimination who seldom fail to capture the impact that the tax brought in the lives of the backward communities who are further marginalized from the rungs of the societal hierarchy.

The kingdom served to become a case study as to how discrimination in India can be filed to become a means of economic gain for every strata outside of the marginalized communities. There are different societal practices that have existed to curb the growth of different sections throughout India. However, the focus of the paper is to extract the inhumane nature of this particular practice and how it was incentivised to exploit, not only the societal structure but also the economically backward, members of a state.

Contemporary Relevance

The legacy of the tax serves as a reminder often brought to context on debates regarding societal justice and lack of equality for different communities in India. Although the specific evil of the tax has been abolished, it has taken several other forms of discrimination and continues to persist in Indian society, several practices of exploitation that were first used during the imposition of this tax still persist in Indian society. They have merely taken different shapes in the form of barriers to the opportunities of education, employment, or representation in any form, whether political or societal.

Another important issue that was addressed during the study of the topic was the gender inequality present in the society. This particular event has also managed to pursue way beyond the abolition of the tax. Discrimination based on gender is still experienced by women in India and further ingrained in women belonging to backward classes, who often face not only gender-based discrimination but also marginalization.

It is an important reminder of not only the implications of the tax but also the resistance to upholding the rights of women and the members belonging to lower caste communities. There have been several reforms that were implemented which were a direct result of the resistance by notable active, in order to uphold their basic human rights and the rights of their fellow members belonging to a particular section of the society, although the ongoing struggle against discrimination might still be at a preliminary stage it is important to not only study but also do communicate the history of resistance against oppressive practices that served to favor particular sections of the society and how the system failed to resist but instead promoted such practices in the society.

CONCLUSION

In conclusion, it can be agreed that the breast tax was a deeply oppressive practice that persisted because it benefited certain sections of the society and it greatly outweighed the operation faced by certain other sections. Although the focus of this study was on the kingdom of TRAVANCORE, it addressed on a greater scale of how the societal standards were set into place to promote the further marginalization of communities in India. Although its relevance is now brought in contemporary debates, merely in an exemplary manner. it does not feel to be a significant moment of resistance by communities against generational exploitation.

The multifaceted analysis of the tax helps to gain perspective outside of a narrower approach of exploitation and more so on, how institutionalized practices serve to be a greater evil, than generic societal imbalance. Caste-based differences in recent times have become more nuanced and have taken the form of economically exploitative practices against certain sections of society. such societal and economic imbalance was to uphold and maintain the subordinate status and to deny basic human decency and the right of choice of women and lower caste communities.

The study also focuses on how the legal framework that was put into place to hold the rights of each and every citizen alike outside of discriminating based on the community. They failed to do so under the regulations of colonial India. The enforcement of these taxes can be blamed on colonial practices, but not entirely because although they were enforced during that time, they managed to persist for generations due to the failure of the mechanism that was put into place to make sure such practices did not stain society.

The practice of the breast and its imposition does not carry a legacy that must be remembered outside. It’s more of an institutional form that still persists and stains society today. An analysis of the tax is important because it seems to not have been abolished from society entirely, but has taken a more nuanced form in the form of discrimination of opportunity. The imbalance is an ongoing struggle with eventual goal being societal justice for all citizens in India, but would require a commitment from not just a particular starta of the community but from all citizens and institutions alike.