Samipya 1992 Vol 09 Ank 01 02

Author(s): Pravinchandra C Parikh, Bhartiben Shelat
Publisher: Bholabhai Jeshingbhai Adhyayan Sanshodhan Vidyabhavan

Page 90

community, dispute regarding the marriage ceremony, beating the pregnant women, divorce, etc.
In case of theft or crime, within their community the priest (Joshi) is consulted to ascertain and detect the person and decide the gravity of offence through observing grain corns and if the culprit so detected does not confess, he has to undergo a test. A black string is tied up on his legs and the culprit is asked to walk upto a prescribed distance. If the black string is broken during that time, it is believed that the culprit is innocent. Sometimes the culprit is also asked to take out the 'pûrt' from the boiling oil with his bare hand. If the hand is not burnt, it is decided that the culprit is innocent.
Thus, Vaghari Panch takes every care to maintain the standard of intra-tribal morality. However, the standard of extra-tribal immorality is overlooked in the interest of solidarity of society. Thus, Panch has an enormous influence over the people. Consequently, it has become one of the greatest unifying factors of their social life. At the same time, the tradition of ex-communication has hampered their progress.
It is needless to say that ex-communication violets the provision in the Constitution of India. Here when a Panch of Vaghari community ex-communicates a person, it deprives of the fundamental rights of a member of the caste guaranted to him in the Constitution.
The Constitution of India does not sanction excommunication passed by any caste, religious denomination, sub-caste or even a sect does not deprive a member of the organization concerned of any of his rights and privileges which he enjoys under the caste organization and under the Constitution of India. Inspite of this, members of Vaghari communities who are reformers and revolt against evil customs or who abandon such customs are excommunicated. This action compels them to surrender themselves to the decision of Panchayat and they pray to readmit themselves into their fold by undergoing punishment imposed for the same. It is a great challenge to the enlightened Vaghari educated youths and officers to overcome this situation and lead their society towards prosperity.
The Inner Conflict of Tradition
In fact successful implementation of modern idea does not mean supresession of tradition or the suprim-position on it of a different order. It means that the inner conflict of tradition is now fought within the confines of an expanded reality that transcends the limits of the "little kingdom" so as to include ultimate authority and legitimation themselves. Authority and legitimation are no longer transcendent and safe in an ultramundane sphere but part of reality and therefore constantly
Vagharis of Gujarat : An Ancient Tribe ]
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