Volume 4, Issue-3(6), March, 2017 International Journal of Academic Research
Special issue on AMBEDKAR AND INDIAN DEMOCRACY
Published by Office Address Sucharitha Publications Dr.T.V.Ramana, (9948440288) Visakhapatnam – 530 017 46-8-10/B,Near Aditya School Andhra Pradesh – India Jagannaickpur, Kakinada- 533002 website :www.ijar.org.in Andhra Pradesh-India e-mail: [email protected]
Design by SS Xerox, Visakhapatnam
Special issue on
AMBEDKAR AND INDIAN DEMOCRACY
Edited by
P. Aruna G.A.K. Nehru K. Radha Pushpavathi
UGC Sponsored Two-day National Seminar on
AMBEDKAR AND INDIAN DEMOCRACY st 30th & 31 March, 2017
University Grants Commission New Delhi in collaboration with Center for Ambedkar Studies, University of Hyderabad &
Andhra University Campus, Tadepalligudem
Organized by The Department of English
S.K.S.D. Mahila Kalasala (UG & PG) (A) Tanuku, W.G. Dt. – 534211, A.P Affiliated to Adikavi Nannaya University, Rajahmundry Re-accredited by NAAC with ‘B’ Grade Website: www.svke.net Estd. 1982
Seminar Organizing Committee Chief Patron Sri Chitturi Subba Rao, Founder, Secretary & Correspondent, S.K.S.D. Group of Colleges
PATRONS Sri K.V. Subba Rao, President, S.V.K. Educational Society Sri Nandigam Sudhakar, Treasurer, S.V.K. Educational Society
Advisors Prof. Rajendra Karmakar, Special Officer, Andhra University Campus, T.P.Gudem Dr. D. Subba Rao, Administrative Officer, S.KS.D. Group of Colleges Dr. J. Chandra Prasad, Director, SD College of IT, Tanuku
Chair Person Convener Dr. P. Aruna, Principal Sri G.A.K. Nehru, Lecturer in English Co-Conveners Dr. B. Naga Padmavathy Dr. K. Radha Pushpavathi Vice-Principal Vice-Principal Members Dr. D.M. Neeraja, Reader in Commerce Smt. G. Kusuma Kumari, Lecturer in Physical Education Smt. K. Vani, Lecturer in commerce Smt. G. Indira Kumari, Lecturer in Commerce Smt. D. Durga Kalyani, Lecturer in English Kum. S. Durga Bhavani, Lecturer in English Dr. G. Amrutavalli Tayaru, Lecturer in Sanskrit Smt. K. Syamala Devi, Lecturer in Hinhi Sri P. Siva Prasad, Lecturer in Telugu Sri K. Rama Krishna, Lecturer in Zoology Smt. U. Lakshmi Sundari Bai, Lecturer in Mathematics Sri K.V. Rama Krishna, Lecturer in Chemistry Smt. K. Padmaja Rani, Lecturer in Physics Sri V. Venkateswara Rao, Lecturer in Statistics Sri N.S.V.N.A. Kumar, Lecturer in Computer Science Smt. G. Aruna Kumari, Lecturer in Economics Sri A. Naganna, Lecturer in History Sri B. Samson, Lecturer in Politics Sri A.V. Satyanarayana, Lecturer in Law
EDITORIAL BOARD OF THE JOURNAL Editor-in-Chief Dr. T. V. Ramana Andhra University Campus, Kakinada - Andhra Pradesh, India, 533 005
ADVISORY COUNCIL Prof. M. SundaraRao, Chairman, Board of Dr.V.Mahipal, Formerely Executive Director Studies, Dept. of Economics, Andhra University, (plg) & Associate Professor, Assosa University Visakhapatnam Ethiopia Prof. R.Sudarshana Rao, Dept. of Economics, Andhra University, Visakhapatnam and member of Dr.K.Victor Babu, Guest Faculty, Department of State Finance Commission, Govt. of Andhra Philosophy, Andhra University – Visakhapatnam; Pradesh Chief Editor of IJMER and Associate Editor of Dr.P.Subba Rao, Director (i/c), Centre for Study IJAR of Social Inclusion and Exclusive Policy, Andhra Dr.J.Chandra Prasad, Director, S.V. Institute of University, Visakhapatnam Technology, Tanuku, West Godavar District, AP
Prof. Y.Somalatha, Special Officer, Andhra Dr.K. Radha Pushpavathi, Dept. of Economics,
University Campus, Kakinada, AP S.K.S.D.Mahila Kakalasala Tanuku, West
Godavari District, AP Prof.B.Kuberudu, Dept. of Management Studies, Andhra University Campus, Kakinada Dr. Zoran Vu, ISI, Rector, St. Gregory Nazianzen Orthodox Institute Universidad Rural de Guatemala, GT, U.S.A
EDITORIAL COUNCIL FROM ABROAD
Dr. Zoran Vu, ISI Rector, St. Gregory Nazianzen Prof. Roger Wiemers, Professor of Education, Orthodox Institute Universidad Rural de Lipscomb University, Nashville, USA Guatemala, GT,U.S.A
Dr.A.Heidari, Faculty of Chemistry, California Dr Leo O.N. Edegoh, Department of Mass South University (CSU)Irvine, California, USA Communication, Chukwuemeka Odumegwu Ojukwu University, Uli, Anambra State, Nigeria
Prof. Josef HOCI-ITL, Department of Political Dr.V.V. Ratnaji Rao Chowdary, Economy University of Vienna, Vienna & Ex. Dept. of Member, Austrian Parliament, Austria Business & Economics, Wollo University Dessie, Ethiopia
Prof. Alexander Chumakov, Chair of Dr.K.Chaitanya, Philosophy Department Russian Philosophical Department of CHEMISTRY, Society, Russia Nanjing University of Science and Technology, China
Prof. Fidel Gutierrez Vivanco, Founder and Dr.I.Ketutdonder, President Escuela Virtual de Asesoria Filosofica Depasar State Institute of Hindu Dharma, Indonesia
Prof. Igor Kondrshin, Member of the Russian M.Ebrahimi, M.Ebrahimi, Philosophical Society, the Russian Humanist Department of Society and Expert of the UNESCO, Moscow, Industrial Engineering, Amirkabir University of Russia Technology, 424 Hafez Avenue, 15916-34311, Tehran, Iran
EDITORIAL COUNCIL FROM INDIA
Prof. M. SundaraRao, Chairman, Board of Prof. J.V.K.V. Pandit, Dept. of. Political Science Studies, Dept. of Economics, Andhra University, &Public Adnm, Andhra University Campus, Visakhapatnam Kakinada Prof.P.Dakshina Murty, Prof.in Physics, Dr. Kompella Venkata Ramana; Dept. of University College of Engineering, Jawaharlal Computer Science and Systems Engineering, Nehru Technological University, Kakinada Andhra University; India
Dr. T.Ashok , Dept. of English, Andhra University Dr. K. V. Ramana Murty, Dept. of Management Campus, Kakinada, AP Studies, Andhra University Campus, Kakinada Prof. D. Satyanarayana, BVC Institute of
Technology & Science, Amalapuram, AP Dr.P.V.Subba Rao, Dr. C.S.Rao PG Centre, Dept.
of political science, Sri Y.N.College, Narsapur, Dr. B. Naga Padmavathy, Dept. of History, West Godavari District, AP S.K.S.D.Mahila Kakalasala Tanuku, West Godavari District, AP Dr.V.V.S.Rama Krishna, Dept. of Economics,
Andhra University Campus, Kakinada, AP Dr. Sudhansu Ranjan Mohapatra, Centre for Juridical Studies, Dibrugarh University, Dr.D.Thirupathaiah, Dept. of Economics, Dibrugarh, Assam S.K.R.B.R College, Narasaraopet, Guntur, district, A.P Santanu Kumar Das, Department of Business Administration, Kalam Institute of Technology, Dr. E. Ashok Kumar, Department of Education
Berhampur, Odisha North- Eastern Hill University, Shillong
Dr. R. Dhanuja, PSG College of Arts & Science Dr. Vidya. H.N, Department of History, Coimbatore Government Arts College, Hassan, Karnataka Dr. C. Jaya Subba Reddy, Department of Dr. Bipasha Sinha, S. S. Jalan Girls’ College Mathematics, SVU College of Sciences, Tirupati University of Calcutta-Calcutta
Dr.K.John Babu, Department of Journalism & Prof. S. Mahendra Dev, Vice- Chancellor, Indira Mass Comm. Central University of Kashmir, Gandhi Institute of Development Research
Kashmir Mumbai
1. Dr.J.Ratna Prabhakar, Dept. of Commerce, 2. Dr.D.K.Prabhakar, Department of Telugu, Government City College,(aff) Osmania University, Jnanabharathi Campus, Bangalore University, Hyderabad Bangalore Dr. A. Srinivas, Rajiv Ganghi Institute of Law College & Dept. of Humanities, JNTUK Prof. (Dr.) Sohan Raj Tater, Former Vice Chancellor, Singhania University, Rajasthan
Editor-in-Chief, IJAR – March, vol.4, issue 3(5), 2017 Typeset and Printed (Sucharitha publications) in India: IJAR, concentrates on critical and creative research in Multidisciplinary and multiple languages Academic Research. This journal seeks to promote original research and cultivate a fruitful dialogue between old and modern thought. Views expressed in the articles is exclusively of the authors, thus, journal is not responsible of it in any case
Visit: www.ijar.org.in E mail: [email protected] March, 2017
C O N T E N T S
Volume 4 Issue 3(6) March, 2017 Sl. Paper Title Page No. 1 Promoting Indian Values of Human Rights through Education: 1 Ismail Thamarasseri 2 Human rights and the women in India: G.A.K. Nehru 10 3 Dr. B.R. Ambedkar: The Father of Indian Constitution: 14 G.David Livingstone 4 Dr. B.R. Ambedkar – Champion of the women Rights in India: 21 G. Steeven Raju and K. Dayasagar Babu, 5 Politics of Bahujan Allies in Andhra Pradesh: K. Sasi Kumar 28 6 Dr.B.R.Ambedkar and Concept of Social Justice: 38 D.Venkateswara Rao 7 Good Society, Rights, Democracy and Economic Socialism: 49 M. Bala Swamy and T.V.Ramana 8 Ambedkar and Social Justice in Contemporary India: 53 B. Subhashini and V. Rama Rao 9 Ambedkar and Social Justice in Contemporary India: 58 K. Gowtam Kumar 10 Human Rigths Under United Nations: G. Amrutavalli 61 Tayaru 11 Human Rights in a Third World : an overview: K. Syamala 67 Devi 12 Electoral Reforms In India: K. Durga Prasanna 72 13 Indian Constitution and Ambedkar: S.Durga Bhavani 80 14 Ambedkar and human rights and Dalit rights: G. Vijaya 85 Ratna Kumari and G. Ajay Varshi 15 Dr.B.R. Ambedkar and Women Rights: T.Delsly 88 16 Ambedkar and the Indian constitution: K.Sarada and 92 Y.Satyanarayana 17 Dr. Ambedkar’s Contribution towards Women’s Rights in 98 India: G.Neeharika 18 Dr. B.R.Ambedkar - The Indian Constitution Maker and A 101 Torchbearer of Political Power to Bahujans: K. Swamiji 19 Democracy and women rights in India: P.Sai Babu 104 20 Ambedkar and the Indian constitution with special references 111 to uniform civil code and article 370: P. Bala Swamy 21 Textile Art among Mala Caste in Andhra Pradesh: A Folklore 117 Lingaiah Gone Perspective: 22 Ambedkar and Indian Democracy: Philosophical Perspective: 125 Hari Babu Muppalla 23 Bharat Ratna Dr. B.R. Ambedkar’s views on democracy and its 130 Relevance to the Presnet Scenario: B. Naga Padmavathy and M.P. Karthik Madhav 24 B.R.Ambedkar and his Philosophy on Indian Democracy: 134 B. Ratna Raju 25 Leadership vision of Dr. B R Ambedkar: Ramesh Krishna 144 Vipparthi
Prof. M Mutyalu Naidu, MBA,Ph.D. Vice Chancellor, Adikavi Nannaya University
MESSAGE
I congratulate the Department of English, S.K.S.D. Mahila Kalasala UG & PG (A) Tanuku, for organizing a National Seminar on “AMBEDKAR AND INDIAN DEMOCRACY” on 30th & 31st March, 2017.
My best wishes to the organizers, participants and faculty Members of the institution. I wish the seminar a grand success
- M Mutyalu Naidu
Sri Chitturi Subba Rao Founder, Secretary & Correspondent, S.K.S.D. Group of Colleges
MESSAGE
I am immensely pleased to note that the Department of English are organizing a two day UGC sponsored National Seminar focusing the theme “AMBEDKAR AND INDIAN DEMOCRACY” on 30th & 31st March, 2017. The present seminar is a timely gesture and provides an academic forum for meaningful discussions and spread. I congratulate the convener of the seminar, faculty and the principal for their academic Endeavour. I wish the seminar a success with a hope that the deliberations and the seminar will definitely enlighten the stake holders.
- Chitturi Subba Rao
Dr.D.Subba Rao, M.Com.,Ph.D Administrative Officer, S.K.S.D. Mahila Kalasala UG & PG (A), Tanuku
MESSAGE
I congratulate the Department of English, S.K.S.D.Mahila Kalasala UG & PG (A) Tanuku, for organizing a National Seminar on “AMBEDKAR AND INDIAN DEMOCRACY” on 30th & 31st March, 2017.
My best wishes to the organizers, participants and faculty Members of the institution. I wish the seminar a grand success.
-D.Subba Rao
International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
Promoting Indian Values of Human Rights through Education Dr. Ismail Thamarasseri, Assistant Professor, Department of Education, Central University of Kashmir, Wanabal, Nowgam Bypass, Srinagar, 190015, Jammu & Kashmir, India,
Abstract: Human rights education is a deliberate, participatory practice aimed at empowering individuals, groups and communities through fostering knowledge, skills and attitudes consistent with internationally recognized human rights principles. The opening words of the constitution of India are the resolve of the people of the country to constitute a unique nation. The success and failure of a nation depends on the vigilance and depth of civic sense of the people. This study explores theories of human rights in order to assess how these are reflected in human rights education (HRE). Flipping through the pages of any biography of Dr. Ambedkar, we find a man of strong conviction and a leader par excellence in Ambedkar. He wanted an egalitarian society in India, which had been the dream of every disadvantaged. He felt that education was one of the tools to achieve the long cherished dream and emerged to be a man of vision and a leader of the marginalized. He had strong opinions related to education – right from policy making to managing educational institutions. Interestingly, he was one who proposed privatization of educational facilities long ago. He presented his ideas logically in its support and proposed how it could be used in building up a nation with Indian wisdom and technological advancement.
Key Words: Human Rights, Human Rights Education, Methodology, Dr. B.R. Ambedkar the concept usually assert that everyone Introduction: “Rights” have is endowed with certain entitlements corresponding “obligations” or “duties”. merely by reason of being human. Rights and Duties are two sides of the Human rights education is the teaching same coin. These are popularly accepted of the history, theory, and law of human connotations. What is right? It is a rights in schools and educational privilege granted to the person who is institutions, as well as outreach to the entitled for it. There are different kinds general public. Human rights are thus of rights, depending upon its conceived in a universalistic and characteristics and sources. There are egalitarian fashion. Such entitlements basic rights granted to a person, by birth, can exist as shared norms of actual which can be called as natural rights. human moralities, as justified moral Such rights are emanating from the norms or natural rights supported by natural law, such as right to air, right to strong reasons, or as legal rights either at way etc. Human rights are the different a national level or within international types of rights entitled to a person, to law. However, there is no consensus as to ensure the protection of his life, freedom precise nature of what in particular and liberty, equality and dignity. Human should or should not be regarded as a rights are "rights and freedoms to which human right in any of the preceding all humans are entitled." Proponents of senses, and the abstract concept of
www.ijar.org.in 1 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] human rights has been a subject of State's own citizens serves the interest of intense philosophical debate and states, by, for example, minimizing the criticism. [Article 1 of the United Nations risk of violent resistance and protest and Universal Declaration of Human Rights by keeping the level of dissatisfaction (UDHR)] with the government manageable. The The Modern Conception of Human biological theory considers the comparative reproductive advantage of Rights human social behaviour based on
empathy and altruism in the context of The modern conception of human rights natural selection. developed in the result of the Second World War, in part as a response to the Human Security Holocaust, culminating in its adoption by Human security is an emerging school of the UDHR by the United Nations (UN) thought which challenges the traditional, General Assembly in 1948. However, state-based conception of security and while the phrase "human rights" is argues that a people-focused approach to relatively modern the intellectual security is more appropriate in the foundations of the modern concept, can modern interdependent world and would be traced through the history of be more effective in advancing the philosophy and the concepts of natural security of individuals and societies law rights and liberties as far back as the across the globe. Several theoretical city states of Classical Greece and the approaches have been advanced to development of Roman law. The true explain how and why human rights forerunner of human rights discourse become part of social expectations. One of was the enlightenment concept of natural the oldest Western philosophies on rights developed by figures such as John human rights is that they are a product Locke and Immanuel Kant and through of a natural law, stemming from different the political realm in the United States philosophical or religious grounds. Other Bill of Rights and the Declaration of the theories hold that human rights codify Rights of Man and of the Citizen. “All moral behaviour which is a human social human beings are born free and equal in product developed by a process of dignity and rights. They are endowed biological and social evolution. Human with reason and conscience and should rights are also described as a sociological act towards one another in a spirit of pattern of rule setting (as in the brotherhood.” sociological theory of law and the work of
Max Weber). These approaches include Philosophies, Theories and Concepts the notion that individuals in a society on Human Rights accept rules from legitimate authority in
The philosopher John Finnis (1989) exchange for security and economic argues that human rights are justifiable advantage a social contract. on the grounds of their instrumental value in creating the necessary conditions Soviet Concept of Human Rights for human well-being. Interest theories highlight the duty to respect the rights of Soviet concept of human rights was other individuals on grounds of self- different from conceptions prevalent in interest; Human rights law, applied to a the West. According to Western legal
www.ijar.org.in 2 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] theory, "it is the individual who is the 1993 Vienna Declaration and Programme beneficiary of human rights which are to of Action (VDPA): “All human rights are be asserted against the government", universal, indivisible and interdependent whereas Soviet law declared that state is and related. International community the source of human rights”. Therefore, treat human rights globally in a fair and Soviet legal system regarded law as an equal manner on the same footing and arm of politics and courts as agencies of with the same emphasis.”(VDPA, World the government. Extensive extra- Conference on Human Rights, 1993) judiciary powers were given to the Soviet Categorization of Human Rights secret police agencies. The regime abolished Western rule of law, civil Opponents of the indivisibility of human liberties, protection of law and rights argue that economic, social and guarantees of property. According to cultural rights are fundamentally Vladimir Lenin, the purpose of socialist different from civil and political rights courts was "not to eliminate terror ... but and require completely different to substantiate it and legitimize in approaches. Economic, social and cultural principle" (Pipes, 1995) rights are argued to be: positive, meaning that they require active provision of entitlements by the state resource- Indivisibility intensive, meaning that they are The Universal Declaration of Human expensive and difficult to provide Rights (UDHR) included both economic, progressive, meaning that they will take social and cultural rights and civil and significant time to implement vague, political rights because it was based on meaning they cannot be quantitatively the principle that the different rights measured, and whether they are could only successfully exist in adequately provided or not is difficult to combination:“ The ideal of free human judge ideologically divisive/political, beings enjoying civil and political freedom meaning that there is no consensus on and freedom from fear and want can only what should and shouldn't be provided as be achieved if conditions are created a right socialist, as opposed to capitalist whereby everyone may enjoy his civil and non-justifiable, meaning that their political rights, as well as his social, provision, or the breach of them, cannot economic and cultural rights” be judged in a court of law aspirations or (International Covenant on Civil and goals, as opposed to real 'legal' rights. Political Rights and the International Covenant on Economic Social and Universalism vs. Cultural relativism Cultural Rights, 1966). This is held to be of Human rights true because without civil and political rights the public cannot assert their The Universal Declaration of Human economic, social and cultural rights. Rights (UDHR) enshrines universal Similarly, without livelihoods and a rights that apply to all humans equally, working society, the public cannot assert whichever geographical location, state, or make use of civil or political rights; it race or culture they belong to. also known as the full belly thesis. The Proponents of cultural relativism argue indivisibility and interdependence of all for acceptance of different cultures, human rights has been confirmed by the which may have practices conflicting with
www.ijar.org.in 3 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] human rights. For example female safeguard the values and principles genital mutilation occurs in different enshrined in the Universal Declaration of cultures in Africa, Asia and South Human Rights, and all other relevant America. It is not mandated by any instruments of international law.” religion, but has become a tradition in many cultures. It is considered a violation Right to life: The UDHR states that of women's and girl's rights by much of everyone has the "right to life". According the international community, and is to many Human Rights activists, the outlawed in some countries. death penalty violates these rights. The Universalism has been described by some UN also called on retentivestates to as cultural, economic or political establish a moratorium on Capital imperialism. In particular, the concept of Punishment with a view to abolition. human rights is often claimed to be (Amnesty International, 2008) The fundamentally rooted in a politically Universal Declaration of Human Rights liberal outlook which, although generally also prohibits torture and other cruel, accepted in Europe, Japan or North inhuman, and degrading punishment. America, is not necessarily taken as Countries have argued that "enhanced standard elsewhere. Cultural relativism interrogation methods", which amount to is a self-detonating position; if cultural torture, are needed for national security. relativism is true, then universalism must also be true. Relativistic arguments HUMAN RIGHTS EDUCATION also tend to neglect the fact that modern human rights are new to all cultures, Amnesty International believes that dating back no further than the UDHR in human rights education is fundamental 1948. They also don't account for the fact for addressing the underlying causes of that the UDHR was drafted by people human rights violations, preventing from many different cultures and human rights abuses, combating traditions. discrimination, promoting equality, and Currently Debated Rights: enhancing people’s participation in Events democratic decision-making processes. and new possibilities can affect existing 'Human rights education is a deliberate, rights or require new ones. Advances of participatory practice aimed at technology, medicine, and philosophy empowering individuals, groups and constantly challenge the status quo of communities through fostering human rights thinking. knowledge, skills and attitudes consistent Future Generations and Human with internationally recognized human rights: rights principles.' 'As a medium to long- term process, human rights education In 1997 UNESCO adopted the seeks to develop and integrate people's Declaration on the Responsibilities of the cognitive, affective and attitudinal Present Generation towards the Future dimensions, including critical thinking, in Generation. The Declaration opens with relation to human rights. Its goal is to the words: “Mindful of the will of the build a culture of respect for and action peoples, set out solemnly in the Charter in the defence and promotion of human of the United Nations, to 'save succeeding rights for all.' (Amnesty International, generations from the curse of war' and to 2004). Human rights education is an
www.ijar.org.in 4 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] internationally recognized method for shaping of students' consciousness and promoting human rights on a local, conscience which in turn, leads to have a national and global level among many change in students' feelings, thinking and levels of stakeholders. Human rights understanding, behaviour patterns, education can also play a vital role in attitudes and activities, etc. Amnesty building social structures that support International (1994) defines human participatory democracies and the rights education or training as resolution of conflict, and can provide a programme which aims to provide common understanding of how to address knowledge and understanding about political and social differences equitably human rights, and seeks to introduce and celebrate cultural diversity. human rights values in the teaching or The human rights education spreads training practices and curricula of both human rights culture. Values are the formal and non-formal educational bases for developing human rights programs. Education about and for culture. The goal of the evolving human human rights includes the development rights culture requires operating at of skills such as critical thinking, various levels such as the following: communication skills, problem-solving and negotiation, all of which are essential Spreading awareness amongst for effective human rights activism and masses, of and about these rights and participation in decision-making also their duty for respecting the processes. rights of others. Not only creating awareness amongst Human rights - Indian Scenario masses particularly amongst weaker,poor and vulnerable groups In India, the parliament enacted the but also in imparting capacities and protection of Human Rights Act, 1993 by confidence in them to stand for providing a National Human Rights protection and preservation of their Commission and State Human Rights rights. Commissions in different states to Requiring many to shed away some of enquire about the violation of human the attitude which are derogatory to rights, either on suo-moto or on a petition others' dignity. filed by a victim or any other person, on There is a growing consensus that behalf of a victim. The act defines human education in and for human rights is rights in the following terms. “Human essential and can contribute to both the rights” means the rights relating to life, reduction of human rights violations and liberty, equality and dignity of the the building of free, just and peaceful individual guaranteed by the constitution societies. Human rights education is also or embodied in the international increasingly recognised as an effective covenants and enforceable by courts in strategy to prevent human rights abuses. India.“We, the people of India”- These Human Rights are promoted through are the opening words of the constitution three dimensions of education. They are; of India. It is the resolve of the people of Knowledge, Values beliefs and attitudes the country to constitute a unique nation and Action. Human Rights Education is a namely India or Bharat. The success and process that basically deals with a failure of a nation depends on the cognitive and moral transformation, a vigilance and depth of civic sense of the
www.ijar.org.in 5 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] people and efficiency of the Government used in Social Studies, literature, science institutions could improve only when and other curriculum areas, where the there is a proper understanding of the development of concepts rather than laws and regulations, as well as the duties specific skills is objective. A large and obligations. amount of content can be covered in less time with greater learning retention. Methods to Promote Human Rights through Education Socratic Questioning: Socratic There are numerous strategies, methods, questioning or Socratic dialogue is a techniques and approaches are available variation of Socratic method. The role do to deal with Human Rights in the global teacher is that of a guide who questions context. Methods used in classroom are and helps them to examine and clarify as follows. their own views and opinions and develop sound reasoning. It is also teaching by asking questions, and thus Brain Storming: Brainstorming leading the audience into logical is a strategy to generate ideas and get contradiction. The Greek sage Socrates the full rolling. The major purpose is to is the model for this type of instruction. stimulate thinking and bringing out a Instead of talking at students, the great range of ideas. Students are teacher participates in dialogues with encouraged to come with up creative, them, aiming to uncover the rightness or exciting and radical ideas without fear of wrongness of their beliefs. criticism or evaluation. Divide the classroom into small group consisting 5 The Talking Circle to 8 members. Let them select a recorder : Students and chain person. Explain the basic sit in a circle or in a number of smaller rules of brainstorming. Present the issue circles of 10-15 students rather than in to be brainstormed. rows facing the teacher. Everyone is provided as opportunity to speak uninterrupted. An object such as a stone Co-operative Learning or a piece of wood can be passed from Strategy-The Jigsaw Strategy: In students to student to signify that the past two decades considerable person with the object has the floor. The attention has been given to co-operative talking circle or ‘heart sharing’ was learning strategies in teaching learning originally a tradition of Hopi Indian of practice. In this students work together North America known as the talking to achieve a particular goal. Five basic stick. Tribal Members gathered in a elements are required to facilitate the sacred ceremonial room called ‘kiva’ for co-operative learning strategy. They their council meetings. The meeting was include positive interdependence, structured in such a way that everyone individual accountability, face to face would have an opportunity to participate interaction, interpersonal and social while having full attention of everybody skills and group processing. The Jigsaw present. A strict rule was followed that a developed by Aronson (1978) is the most person have a special stick had the floor, powerful co-operative learning strategies and was not to be interpreted while
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speaking. There are various forms of required for each individual consists in talking circles exists. The members the possibilities he or she has or must could be vary depending on the size of unfold and develop. Violence consists in the class. It is a strategy for providing individuals not being able to actualize structured time for students to share their possibilities or to open ulterior their feelings, hopes, concerns and possible horizons. Human rights are appreciations, to discuss a particular addressed not only or exclusively against issue or problem. open, generalized and declared forms of violence. More properly, they are addressed in principle against any form Role Playing: Role playing is a of everyday and hence systematic acting out of a situation or a problem. It violence. Therefore, it is not necessary is a way of exploring a problem together that there be situations of torture, of the as a class. It provides the opportunities "disappeared" or of violations of for testing ideas and plans of action in a International Human Law, for there to be practice situation. Through role playing generalized violation of human rights. the students get to experience how it Indeed that false idea led to the feels to do something rather than just erroneous belief, spread broadly among talk about it. Role playing is the actual social circles in the countries of the First acting out of feelings and behaviours. World, those human rights typically is a Students take on a role and act out problem of under development belonging feelings and behaviours of act out about exclusively to the so-called Third World. they think the ‘roles’ behaviours and The issue of human rights is raised as a feelings would be given specified flag of caution addressed to "others" in circumstances. Through role paying order to mark their difference, such as for students can learn new information, instance in dialogues between Western analyse alternatives, identify and countries and some countries of the examine feelings and gain social skills in Middle-East or Asia. work in groups. The major purpose of role playing is to get the student into There is an authentic philosophical another identity, providing problem regarding the comprehension opportunities to perceive how others and articulation of the relation between might feel, think, or act. Many role plays human rights and education. It regards set students up to experience stressful, the possibility of speaking meaningfully unfamiliar, or controversial situation. of a social, cultural or generic The general purpose of role playing is to consciousness at the corresponding levels, feel different perceptions and for example at the national, perspectives. international, and finally worldwide or global level. Whatever be the possibility Conclusion of an answer by philosophy, it is necessary to point out the consequences The individual is absolute, that his or her and the real implications of these reality must be recognized problems. They are not simply unconditionally and necessarily lies at theoretical, or matters of preference or of the basis of human rights. However, pre-established interests. The repeated some clarification is needed. What is use by us of "the generation and/or
www.ijar.org.in 7 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] enlarging of spaces" points to the 2. Agarwal, R.S. (1979). Human authentic significance and implications of Rights in the Modern World. New Delhi: the whole problem. The point is to make Chetana Publications. life ever more possible at exemplary 3. Amnesty International. (2004) levels with criteria and standards of Amnesty International Report 2004 quality, that is, with universally desirable 4. Austin, G. (1966). The Indian value. To understand this means to grasp Constitution: Cornerstone of a Nation. that in which society, state and culture Bombay: Oxford University Press. consist, both in rational and in 5. Bowlby, J. D. (1951). Maternal reasonable terms. Finally, human rights, care and mental health. World Health in its specificities and reciprocal relations Organization Monograph (Serial No. 2). deal with the spaces and guarantees that 6. Garrett Hardin, "The Tragedy of enable our decisions to make sense and the Commons", Science, Vol. 162, No. therefore to construct our life and our 3859 (December 13, 1968), pp. 1243- world. Multiple seams and lines of 1248. analyses could still be raised, or remain in need of further development. The 7. Goldstein, R., &Barna, S. (1991). Let’s Talk about Human Rights: analyses here require additional Students’ Rights. investigation of which these papers are Canadian Human but the beginning. Ambedkar had his Rights Foundations: Quebue Press. own way of perceiving the issues of 8. http://www.crvp.org/book/Series0 education and the solutions that he 5/V-5/conclusion.htm proposed to solve them were apt. His 9. Kabir, M. (December 7, 2011). Can social media help protect human meticulous observation holds up the rights mirror to his intellectual acumen and ? retrieved foresightedness. His speeches in the http://europeandcis.undp.org/ blog/ legislative bodies reflected his 2011/12/07/ can-social-media-help- understanding of what India needed at protect-human-rights/ on 26th May 2014 that point of time and for the future. The 10. Ray, D. (Ed.). (1994). Education most miserable and unfortunate point is for Human Rights: An International that we never bothered Dr. Ambedkar. Prospective Had we really looked into the issues that (1st Ed.). Paris: he had brought forth for discussions and International Bureau of Education-Place solved them then itself, I think, we would de Fontenoy. 11. Richard Pipes (1995) Russia have overcome all the educational under the Bolshevik Regime problems that are challenging us. , Vintage books, Random House Inc., New York. References 12. Roth, K. (2011). New Laws Needed To Protect Social Media, 1. Affolter (2000). Towards Published in Global Post on APRIL 15, “emotionally-intelligent” human 2011 retrieved from development policies: exploring the http://www.hrw.org/news/2011/04/15/ne validity of an idea. School of Education, w-laws-needed-protect-social-media on University of Massachusetts 26th May 2014 13. Sendstad, A.V. (2010). Theories of human rights in relation to
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understandings of human rights education: the relevance to diversity, The University of Birmingham, School of Education., retrieved from http://etheses.bham.ac.uk on May 24, 2014 14. United Nations (25 June 1993) "Vienna Declaration and Programme of Action". 15. United Nations Universal Declaration of Human Rights (UDHR) retrieved from http://www.un.org/en/documents/udhr/
16. Vandenberg, D. (1990). Education as Human Rights: A Theory of Curriculum and Pedagogy. New Delhi: Teacher’s College Press. 17. World Health Organization (WHO) (1948). Constitution of the World Health Organization. Geneva: WHO Basic Documents. 18. Prasad, D.V. Ambedkar: A Futurist and Critic of Indian Education Undermined. International Journal of Education for the Future, Issue. 4 Vol. 1, Oct - Dec 2015.
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Human rights and the women in India
G.A.K. Nehru, Lecturer in English, SKSD Mahila Kalasala UG & PG (A), Tanuku Abstract: Inequalities of caste, class and ethnic group give rise to particular forms of exploitation and oppression to which both men and women are subjected. It is seen that gender has a decisive role, very similar to race and class in the allocation and denial of rights. Consequently, women belonging to all categories are doubly exploited, first for being women, and second for belonging to particular sections of society. Apart from discriminatory restrictions of women’s fundamental freedoms such as voting, marriages, travel, testifying in court, inheriting and obtaining custody of children women finds that their access to education, employment, health care and even food is limited because of their gender. Domestic violence affects women in every country in the world. Though women are nominally equal under the law, their access to education, health care and economic independence is often restricted in practice. In countries like India, women’s lack of education and access to income often contributes to their vulnerability and exploitation.
Key words: vulnerability, exploitation, education, health
Introduction they are paid lower wages than their male counterparts. Women are exploited Inequalities of caste, class and ethnic most in agricultural labour as their group give rise to particular forms of contribution is concealed. In exploitation and oppression to which both development policy, planning and men and women are subjected. It is seen adjustment measures, women hardly that gender has a decisive role, very count. Agricultural projects and similar to race and class in the allocation strategies are designed without and denial of rights. Consequently, consulting women and technology is women belonging to all categories are geared to the needs of men displacing doubly exploited, first for being women, women. Women are involved in low paid and second for belonging to particular and low status jobs in other areas as well. sections of society. Marriage renders women even more susceptible to violence Women rights in the context of than religious law, since much marital human rights exploitation is justified under Apart from discriminatory government laws as being personal and restrictions of women’s fundamental customary. Though women play multiple freedoms such as voting, marriages, roles, being producers, consumers, home travel, testifying in court, inheriting and managers, mothers and community obtaining custody of children women organizers they are, in most cases, finds that their access to education, unprotected, under paid or unpaid and employment, health care and even food is exploited. Their work is considered limited because of their gender. easier, less skilled and less important, Domestic violence affects women in every and even when they do the same work; country in the world. Though women are
www.ijar.org.in 10 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] nominally equal under the law, their Representation of Women (Prohibition) access to education, health care and Act, 1986. economic independence is often restricted The basic reason for violence in practice. In countries like India, against women is their inferior status in women’s lack of education and access to a male-dominated society. Other income often contributes to their contributing factors in this regard vulnerability and exploitation. Two-fifth include increasing criminalization of villages in the whole of India do not have society, media images of violence, safe drinking water and in many such inadequate means to address the causes villages, it is the women who spend eight and consequences of violence, poor hours a day just to get water to their enforcement of legal provisions, unabated household. Poverty, deprivation, scarcity consumerism and erosion of traditional of water, lack of proper sanitation and values. Simultaneously, there has also the lack of milk will affect women more been a growing awareness about all this than men, because the burden, which is and their long-term impact, thanks to the to be shouldered by women in our society, role played by the media. Consequently, is far greater than that done by men. there are widespread protests against According to the International Labour atrocities like rape and dowry deaths Organization (ILO), women work almost when such crimes are reported by the double the time in the world than men, media. The realization of the need for and they hold not even one-tenth of the counseling legal aid and advice for property as against men. women has led to formation of legal and Discrimination on the ground of counseling centers in different parts of sex is prohibited by the Indian the country. Some all-women police Constitution. Article 51A, which defines centers have also come up. Even then, Fundamental Duties, also requires the the strength of women police force in people to renounce practices derogatory India (around 7000) is meager one to the dignity of women. Besides, for percent of the total police force. ensuring equal rights, countering forms Requisite political ‘will’ to move in the of social discrimination and various forms direction of empowering women is of violence and atrocities and for urgently needed. This cannot be providing support services especially to generated without more concerned working women, a number of legislative campaigning and mobilization. measures have also been adopted. Gender-based violence is, According to some scholars, the major primarily, a result of the lower status provisions of many laws affect women in accorded to women in family and society. quite significant ways. They include the According to an intensive documentation Special Marriage Act, 1954, the Family done by World Health Organization Court Act, 1954, the Dowry Prohibition (WHO, 1997) covering 19 countries Act, 1961 (amended in 1984 and 1986), (including some industrialized developed the Child Marriage Restraint (Amended) countries) all over the world, 16 percent Act, 1976, the Equal Remuneration Act, to 52 percent of women have been 1976, the Medical Termination of assaulted by an intimate partner. Pregnancy Act, 1971 and the Indecent According to the U.N. document (1995) report, even in a country live
www.ijar.org.in 11 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] opportunities in general, which include such a plural democratic society there can all forms of freedoms. The argument be no guarantee for human rights. Thus here is that an increase in any of the struggle to protect human rights, elements of the vector, such as per capita especially of the marginalized groups, will income or employment, does not include work on several fronts like automatically raise the level of other affirmation of land rights of the elements such as health, nutrition, marginalized groups such as Dalits, longevity or education. But this is not to Adivasis and woman, resisting the forces say that higher per capita income does of globalization, communalism, casteism, not facilitate improvement in other patriarchy and so on. All this will go a elements if appropriate policies are long way for collective action. Such adopted. Certain well-does not facilitate collective action can lead to people’s rights, such as the right to food, the right movements resulting in social change. to primary health care and the rights to Conclusion primary education are, thus, generally suggested as the indicators of the right to In this contemporary phase, the development. The primary responsibility conflictual core of the Indian society is for ensuring the enjoyment of these being transformed. This transformation rights rests with individual states. They lies in the polymorphous expression of should promote policies of growth and claims, contestations and democratic development for the implementation of struggles of various groups for equality these minimal rights. If this is not done and social justice. The transforming then conditions of injustice and ‘representation’ of the contemporary oppression can create the objective Indian society has thrown up ‘new’ forms condition for the oppressed to rebel and of conflicts and social structural revolt. Their reactions can culminate in contradictions. Some of these ‘new’ assertion giving rise to people’s forms of movements and collective movements. But it does not follow mobilizations in the Indian society are automatically. People’s movements are reflected in the struggles of Dalits, possible only when people become Adivasis, women and other such conscious of these inequalities and marginalized sections of the society injustices and mobilize and organize against the structures of dominations, in themselves to fight against the forces the demands of sub-nationalism and that unleash those inequalities and ethnic identity and those in deference of injustices. Besides they must also have a environment and human rights. The perspective of an alternative and must be need of the hour is to evolve a perspective convinced of its feasibility and viability. for viewing the polymorphy of For the protection of human rights, it is movements as the plural expression of necessary to fight against forces of the democratic representation of the communalism and fundamentalism, Indian society. whether of majority or minority. It is References: these forces, which, apart from posing a grave threat to the unity and integrity of 1. Iyer, U.R. Krishna (1990) Human the country, stand in the way of rights and inhuman wrong’s establishing a just, equal and democratic Delhi, B.R. Publishing society. Without the establishment of corporation.
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2. Hakaar Nandita, “Women and Justice for All”, In A.R. Desai ed.Mixmem’s Liberation and Politics and Religious Personal Laws in India, Mumbai, 1986 3. Agarwal Bina, ‘A Field of One’s Own, Gender and Land Rights in South Asia, Oxford University Press 1994. 4. Antomy M.I.1995 Women’s Rights’ Delhi, Hind Pocket Books. 5. Jane S. Jacquette, 1989, ‘Conclusion: Women and the New Democratic Politics’ in the Women’s Movement Latin America (Boston)
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Dr. B.R. Ambedkar: The Father of Indian Constitution
Dr.G.David Livingstone, HOD of Politics, D.N.R.College(Autonomous), D.N.R.College, Bhimavaram.
Abstract : In the world the great man first has to be born in the form of the great man and then he has to prove himself the great man by his enriched personality with virtues and by his great capability. According to such a rule of the world Dr. Bhimrao Ramji Ambedkar was born in the form of the great man, on 14th April 1891 at Mahu in Madhya Pradesh of India. Bhimrao Ramji Ambedkar, also known as Babasaheb, was an Indian nationalist, jurist, Dalit, political leader, activist, philosopher, thinker, anthropologist, historian, orator, profilic writer, economist, scholar, editor, revolutionary and the revivalist of Buddhism in India. He was also the chief architect of the Indian constitution. Born into a poor untouchable family, Ambedkar spent his whole life fighting against social discrimination, the system of Chaturvarna – the Hindu categorization of human society into four varnas – and the Indian Caste System. The great man Dr. Bhimrao Ramji Ambedkar’s active life, glorious personality and great capability these characteristics forever are worthy of writing with the golden letters, in the useful history of the nation India of the entire world and of the universal mankind. Key Words : Dalit, Political, Activist, Anthropologist, orator
Introduction categorization of human society into four varnas – and the Indian Caste System. In the world the great man first has to be born in the form of the great man and The great man Dr. Bhimrao Ramji then he has to prove himself the great Ambedkar’s active life, glorious man by his enriched personality with personality and great capability these virtues and by his great capability. characteristics forever are worthy of According to such a rule of the world Dr. writing with the golden letters, in the Bhimrao Ramji Ambedkar was born in useful history of the nation India of the the form of the great man, on 14th April entire world and of the universal
1891 at Mahu in Madhya Pradesh of mankind. India. Bhimrao Ramji Ambedkar, also Childhood and Early Life of B.R. known as Babasaheb, was an Indian Ambedkar nationalist, jurist, Dalit, political leader, activist, philosopher, thinker, The ancestral village of Dr. Ambedkar is anthropologist, historian, orator, profilic Ambavade, which is located in Rathagiri writer, economist, scholar, editor, District of Maharashtra state and is revolutionary and the revivalist of located about 5 miles from Madhavgarh, Buddhism in India. He was also the chief which is a small village. Bhimrao architect of the Indian constitution. Born Ambedkar was born on 14th April 1891 into a poor untouchable family, in village Mahu in a Mahar Caste, which Ambedkar spent his whole life fighting was considered to be of the untouchables. against social discrimination, the system His father’s name was Ramji Sakpal and of Chaturvarna – the Hindu he was married to Bhimabai who was www.ijar.org.in 14 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] from murbadkar family. Ramji Sakpal village was Ambavade from which in his had 14 children out of which Bhmrao was school, his family name was written as the 14th Bhimrao started experiencing Ambavadekar. But the family name of the pangs of untouchability right from the teacher who loved Bhimrao was his childhood Bhimrao’s father was Ambedkar. The teacher loved Bhim so working in a distant village named much that he changed Bim’s family name Gorgaon. One summer he, along with his from Ambavadekar to Ambedkar. And in brother and cousin, went to Gorgaon to the school register, he noted it according. meet his father. They had written a letter Bhimrao very gracefully accepted this to his father but his father had not new family name given to him by his received it in time and, therefore, he did beloved teacher. And for the rest of his not come to the railway station to receive life, he lived with that last name. Dr. his children. The boys facing the Ambedkar has always remembered this difficulty of transport requested the teacher for his life time. station master for help, who after Education of B.R. Ambedkar persuasions could rent a bullock cart for these children. Hardly has the cart gone Dr. Ambedkar was the most ambitious few yards when the cart man came to leader, pursuer of the target, strong know that the well dressed children willed, determined, discreet, courageous, sitting in his cart were untouchables, and hardworking, studious thoughtful, self in a fit of rage he threw them out on the respecting, expert in work, dutiful, road as one overthrows the dustbins; for devoted recipient of the highest degrees, he felt that his bullocks had got polluted manifold knowledgeable, good user of the by the touch of the untouchables. But the knowledge for the welfare of the people. boys soothed the cart man’s anger by The Maharaja Sayaji Rao of Baroda, a paying double the fare and Bhim’s elder progressive untouchable student for brother drove the cart, the cart man higher studies Ambedkar welcomed the following the cart upto Gorgaon his was opportunity and joined Elphinstone the first rude shock to the budding mind College. He was granted a scholarship of of Bhim. After few days Bhimrao faced rupees twenty five per month. Professor another bitter experience. He was very Muller lent him books and gave him thirsty, one day and was drinking water clothes. But the insulting environment from a public water course. Savarns saw never changed. The college hotel-keeper this, and felt that this kid has polluted who was a Brahmin would not give him their drinking water, and they beat tea or water. Ambedkar did not mind Bhimrao black and blue. such inconveniences and humiliating treatment. He concentrated her energy However, all Brahmins are not alike. on studies and passed his B.A. There are exceptions. There was one examination in 1912 with English and Brahmin teacher in his high school. He Persian as his subjects. An opportunity loved Bhimrao very much. He dropped came Ambedkar’s way when the portions of his meals into the hands of Maharaja of Baroda though of sending Bhim daily during his recess. This some students to the U.S.A. for higher teacher has left a permanent impression studies at the Columbia University. on Bhim’s life. The original family name Ambedkar was one of them. On June 4, of Bhim’s father was Sakpal. But Bhim’s 1913, he signed an agreement with the www.ijar.org.in 15 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
Baroda State authorities and in the third (Economics). The thesis was published in week of July, 1913, he joined Columbia December, 1923, by P.S. King and University as a Gaekwad Scholar. He was Company, London. This book had an the first Mahar to study in a foreign introduction by Professor Cannan. university. In June 1915, he obtained the Ambedkar was called to the Bar in April M.A. degree for his thesis, “Ancient 1923. In London he met E.S. Montagw, Indian Commerce.” In May 1916, he read Secretary of State for India and a paper on ‘The Castes in India, their Vithalbhai Patel, and had talks with Mechanism, Genesis, and Development’, them in respect of the grievances of the at the Anthropology Seminar sponsored untouchables in India. The University of by Dr. Goldenweiser. It was published in Columbia had highly respected Dr. B.R. the Indian Antiquary in May 1917. Ambedkar by awarding him the honorary degree of LL.D. in the New York city of In June 1916, Ambedkar submitted his America on 5th June, 1942. In India also thesis for the degree of Ph.D. entitled the University of Osmaniya had ‘Natioanl Divided for India” A Historic gracefully honoured Dr. B.R. Ambedkar, and Analytical Study’. Ambedkar left in the Hyderabad city of Andhra Pradesh Columbia University to join the London by awarding the highest degree of D.Litt. School of Economics and Political Science on the 12th January, 1953. as a graduate student in June 1916. In October 1916, he was admitted to Gray’s Thus, the great man Bharat Ratna Dr. Inn for law. In July 1917, Ambedkar was B.R. Ambedkar had obtained B.A., M.A., made Military Secretary to the Maharaja Ph.D., M.Sc., D.Sc., Bar-at-Law, LL.D. of Baroda with a view to be groomed foor and D.Lit. such the higher and highest the post of the State’s Finance Minister. degrees. There degrees were like the very In November 1918, he joined as Professor attractive jeweled ornaments of the gold, of Political Economy in Sydenham which were growing the respect, glory College, Bombay and resigned in March and dignity of the Shining Personality of 1920 from his post to resume his studies Dr. Ambedkar. in law and economics in London. On B.R. Ambedkar and Drafting of January 31, 1920, Ambedkar started a the Constitution weekly paper Mooknayak (Leader of the Dumb) to Champion the cause of the On 29th August, 1947 passing one Depressed Classes in India. In resolution the Constituent Assembly September, 1920, Ambedkar rejoined the appointed a ‘Drafting Committee” with London School of Economics and Political the seven members including Dr. Science and also entered Glay’s inn to Ambedkar for preparing a draft of quality as a barrister. In June 1921, the the Constitution of the independent University of London accepted his thesis India. It is said when drafting of ‘Provincial De-Centralization of Imperial the Constitution of India was embarked Hnauce in British India.’ Fro the M.Sc. upon, Pandit Nehru and Sardar (Economics) degree. Vallabhbhai Patel thought of inviting and consulting Sir Guor Jennings, as
internationally known constitutional In March, 1923, he submitted his thesis: expert of those times. When approached ‘The Problem of the Rupee – Its Origin for advice in the matter Gandhiji is and Its Solution’, for the degree of D.Sc. www.ijar.org.in 16 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] reported to have told them why they Dr. Ambedkar had a charismatic should be looking for foreign experts personality. He was pragmatic par when they had the right within India an excellence, who never allowed himself to outstanding legal and constitutional be swayed by abstract ideas and ideals. expert in Dr. Ambedkar who ought to be He strongly believed that political entrusted with the role which they badly independence cannot assure either social need as he so richly and rightly deserved. solidarity or national integration in the The Law Minister Dr. Ambedkar was absence of social justice. Being a appointed the Chairman of the Drafting democratic socialist, he propagated that Committee. The seven members, fundamental rights have little meaning to including the Chairman of the ‘Drafting people in the absence of social democracy. Committee’ were as follows: Dr. Ambedkar was one of the very few 1) Dr. B.R. Ambedkar, Chairman Indian Statesmen-politicians who actively participated in the discussions 2) N. Goipalswami on Constitutional matters from the 3) Alladi Krishnaswami Ayyas Monsford Reforms (1919) to the Cabinet Mission (1946) proposals. 4) K.M. Munshi He was the first and foremost leader of 5) Saijio Mola Saadulla the depressed classes, and the struggle of 6) N. Madhava Rao and the depressed classes for Human Rights and socio-political equality from the 7) D.P. Khaitan twenties to the fifties of the 20th century Dr. Ambedkar was honoured step by step. is woven round his name Being elected At the first step he was honoured as the Chairman of the Drafting Committee, Dr. member of the Constituent Assembly. At Ambedkar played a key role in viewing the second step he was honoured as the the structure of the government and the first ‘Law Minister’ of the independent forms of the Constitution. India and at the third step he was The Round Table Conference honoured as the chairman of the ‘Drafting Committee’. Because of his The Round Table Conference was a bright characteristics, as his deep and landmark in the history of the vast study, tremendous knowledge, Indian Constitution. Being invited to amazing command of an English discuss on constitutional matters Dr. language, expertness in explaining the Ambedkar demanded in dependence and subject and ideal patriotism, he had got hoped that the people of India would be these pleasant honours. able to redress their grievances by political power and this political power “Thought provoking and provocative, his will come to them under the ‘Swaraj’ life is highly, instructive to everyone who constitution. yearns for human dignity and equality in human relation in society.” These words At the first session of the Round Table of one of his biographers describe essence Conference, he gave a clear warning to of what he stood for and what he the British Government, saying: “I am achieved. afraid it is not sufficienty realised that in the present temper of the country,
www.ijar.org.in 17 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] no Constitution will be workable which is His concept of federalism meant that the not-acceptable to the majority of the State was a federation in normalcy, but people. The time when you were to unitary in emergency. choose and India was to accept is gone, Centre Was Made Strong never to return. Let the consent of the people and not the accident of logic be the In the Draft Constitution Dr. Ambedkar touchstone of your new Constitution, if offered more powers to the Centre and you desire that it should be worked…” made it strong. Some members of the constituent assembly criticised him on He advocated for a government which the ground that since Dr. Ambedkar was a responsible government formed by postulated – the rights and values of each the representatives of the people. Dr. individual and the development of each Ambedkar did not want to impose province and each–village, it was a Constitution on the Indians, but he contradictory of his part to make the submitted that the opinion of the people Centre strong. about the manner in which they desired to be governed must be accepted. Justifying the provisions for a strong Central authority Dr. Ambedkar said that “The best government rests on the he made the centre strong not only to people, and not on the few on persons ‘save minorities from the misrule of and not on property, on the free majority’ but also “for it is only the development of public opinion and not on centre which can work for a common end authority. George Bancroft Role Of The and for the general interests of the Constituent Assembly country as a whole.” Equality Of Opportunity In the constituent Assembly Dr. Ambedkar played a very significant role In the Draft Constitution the with a lofty responsibility of drafting “Fundamental Rights”, prescribed were the Constitution. He examined the justifiable in the Court of Law. Of all the functioning of a democratic government rights, Dr. Amebedkar observed on the basis of stability and “Equality of Opportunity” as the most responsibility. important one. Regarding the constitutional remedies, he characterize However, the Draft Constitution he Article 32 as the very soul of recommended that the parliamentary of the Constitution and the very heart of executive must have more responsibility it. To him, fundamental rights would to stability. As regards the character of mean establishment of equality and the Constitution, it was Federal in form liberty in order to reform our social and Unitary in Spirit”. It established a system, which is so full of inequalities dual polity with the Union at the Centre discriminations, and other which conflict and the States at the periphery, each with our fundamental rights. endowed with sovereign powers to be exercised in the field assigned to them Constitution: A Dynamic Document respectively by the Constitution. The Constitution is a dynamic document Concept Of Federalism it should grow with the growth of the nation and should suit the changing
www.ijar.org.in 18 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] needs and circumstance. So Dr. indispensable to maintain territorial Ambedkar urged the necessity of integrity and administrative discipline. amendment. However, in the Draft Constitution he “The Draft Constitution has eliminated suggested the acceptance of Hindi in the the elaborate and difficult procedures ‘nagiri’ script as the National Language such as a decision by a convention or a of India. When it was finally decided that referendum. The power of amendment India should be divided into India and lies with the legislatures, Central and Pakistan, Dr. Ambedkar at that time Provincial …” demanded the division of Punjab and Dr. Ambedkar was doubtful on Bengal, and the territories to be added to the Constitutional mortality of the India. legislatures. So he wanted to incorporate A pragmatist to the core, Ambedkar the froms of administration in believed that in the absence of economic the Constitution. and social justice political independence Concept Of Sovereignty And would not bring about their social Suzerainty solidarity or, national integration. He advocated the abolition of privileges on Dr. Ambedkar’s concept of sovereignty the basis of caste or status and vigorously and suzerainty and of the Indian States, fought for the liberty and dignity of the i.e., integration of the native Indian individual. It the same time, he was Princely States which gave the shape to equally force-full in his advocacy of the the rap of India as if is today, has indeed unity of the nation. been prophetic. So also were his explicitly Conclusion and outspoken views on what he called the biggest blunder of Partition of India. The contribution of Dr. Ambedkar in Dr. Ambedkar forewarned his Indian Democracy is not to be forgotten. countrymen of the Consequences of As a chairman of the Constitutional partition. His questioning of the rationale Committee he gave a shape to our of the tow nation theory which gave birth country of a complete Sovereign, to Pakistan was born of deep interest in Democratic and Republic based on adult and compassion for his compatriots esp., franchise. Baba Saheb Ambedkar’s name the Scheduled castes settled for centuries will be written in golden letters in the within the territorial jurisdiction of the history of India as a creator of social new notion of Pakistan. justice. This fact is doubtless. He was not National Integration only the man of age and builder of the Constitution but also the creator of In the Draft Constitution Dr. Ambedkar social justice and betterment of the prescribed single citizenship, a single downtrodden. He was one of the few sons judiciary and uniformity in fundamental in the History of India that he can be said Laws to integrate Indian society which to the gift of Indian freedom movement. was not only divided into caste and class, If Mahatma Gandhi gave direction and but also into regions, religions, lesson of morality then Baba Saheb gave languages, traditions and cultures. shape to social aspect without Therefore, a strong Centre was exploitation. In true sense of the word, he gave democratic and anti caste aim. He
www.ijar.org.in 19 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] spent his whole life for the betterment of the poor, exploited, untouchables and troubled classes. Thus, Dr. Ambedkar’s contribution to the Indian Constitution is undoubtedly of the highest order. Indeed he deserved to be called the “father or the Chief Architect” of the Indian Constitution. References 1. W.N. Kuber, B.R. Ambedkar. 2.Veridemder Grover, Bhimrao Ramji Ibid., Mirac.: A Biography of his vision and ideas. 3.G.S. Lokhande, Bhimrao Ramji Ambedkar – A Study in Social Democracy. 4. www.icundv.com/vesak2011/panel1/10 RSSingh.
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Dr. B.R. Ambedkar – Champion of the women Rights in India
Dr. G. Steeven Raju, Lecturer and Head of the Department of Economics, Ideal College of Arts and Sciences Kakinada
Dr. K. Dayasagar Babu, HOD of History,SKBR College, Amalapuram - East Godavari Dt.
Abstract: Dr. Ambedkar championed the cause of women as well as the miserable plight of Schedule Castes and Scheduled Tribes throughout his career. He discussed a number of problems of Indian women and sought for their solutions in Bombay Legislative Council, in the Viceroy’s Assembly as the chairman of the Drafting Committee and also in the Parliament as the first Law Minister of Independent India. Dr.Ambedkar’s contribution was great in the field of women empowerment who advocated for the liberation of women and gender equality in India. If there are any persons worked for women liberations in India, they were none other than Buddha, Dr.Babasaheb Ambedkar, E.V.Ramaswamy Periyar and Jyothira oPhule. Without Dr. Ambedkar ,at least whatever so changes the position of women today in India would be only question mark. There were many leaders fought for the women’s rights in India. Most of them were failed in their action. But Dr. Ambedkar was the only person who changed the effort via law. While drafting the constitution of India, Dr.Ambedkar was the prime mover of the welfare of women. Key words: Indian Constitution, welfare of women, constitution of India
Introduction “Empowerment means moving from a position of enforced powerlessness to one; In ancient India, women enjoyed a very of power”. But, from time immemorial, high position but gradually their position the women in this land of ours were degenerated into merely objects of treated as a sort of thing. Her placing in pleasure meant to serve certain purpose. the society was not at par with other They lost their individual identity and human beings. She has no rights. She even their basic human right. cannot move nor do anything at her will. Empowerment is a multi-faceted, multi- In Hindu Shastras, she has been branded dimensional and multi-layered concept. just like animals or some Objects of Women’s empowerment is a process in enjoyment. From the verses of Ramayana which women gain greater share of as written by Tulsi Das, Dhol, ganwar, control over resources material, human shudra, pashu, naari - Ye sab tadan ke and intellectual like knowledge, adhikari”, In ‘Manusmriti’ the ancient information, ideas and financial resources Hindu Code-book, the status granted to like money - and access to money and women is quite visible and she was put to control over decision-making in the the lowest rug of humanity as she was home, community, society end nation, treated at par with the animals and slave and to gain ‘power’. According to the by the proprietors of Hindu Dharma. Country Report of Government of India, Such was the placement earmarked to
www.ijar.org.in 21 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] our mothers, sisters and even great grand issues of class, caste and gender in the mothers that humanity was ashamed of. contemporary sociopolitical set up, which That is why Dr. Ambedkar, the father still keeps conservative and reactionary and architect of Indian Constitution, was values in many respects, particularly on of the firm opinion that until and unless, gender relations. The writings and we defy the Hindu Dharma-Shastras, Speeches of Ambedkar show what values nothing much can be changed. In the India should develop and how they would name of sanskaras, the Hindu women are modernize its social and political tied to bondages of superstitions, which institutions. Ambedkar saw women as they carry till their death. They are also the victims of the oppressive, caste- based responsible for inculcating certain wrong and rigid hierarchical social system. notions learnt through baseless traditions Dr. B.R. Ambedkar the Champion of and preaching of the Shastras, in the Women’s Rights budding minds of their offspring. Dr. B.R Ambedkar Towards The Dr. Ambedkar championed the cause of Empowerment Of Indian Women women as well as the miserable plight of Schedule Castes and Scheduled Tribes The operations of caste both at the throughout his career. He discussed a systemic level and at the functioning of number of problems of Indian women patriarchy, the growing caste / class and sought for their solutions in Bombay divide in feminist political discourse Legislative Council, in the Viceroy’s makes Ambedkar’s view on women's Assembly as the chairman of the Drafting oppression, social democracy, caste and Committee and also in the Parliament as Hindu social order and philoshopy, the first Law Minister of Independent significant to modern Indian feminist India. thinking. Although Ambedkar proved, Dr. Ambedkar was sworn in as himself to be a genius and was known as nominated members of the Bombay a great thinker, philosopher, Legislative Council on 18th Feb., 1927. revolutionary, jurist – par excellence, He advised Indians to participate in the prolific writer, social activist and critic world war on behalf of the British and strode like a colossus in the Indian Government. His arguments on the sociopolitical scene unto his death, his Maternity Benefit Bill and on Birth thoughts never received adequate Critical were quite relevant to recognize attention in the generality of Indian the dignity of women. He vehemently society just because he was born as an supported the Maternity Bill. untouchable. However, the contemporary social realities warrant close examination His argument was – “It is in the interest of the wide range of his topics, the width of the nation that the mother ought to of his vision, the depth of his analysis, get a certain amount of rest during the and the rationality of his outlook and pre-natal period and also subsequently, there essential humanity of his and the principle of the Bill is based suggestions for practical action. Hence, entirely on that principle”. “ That being for Indian women’s movement Ambedkar so Sir, I am bound to admit that the provides a powerful source of inspiration burden of this ought to be largely borne to formulate a feminist political agenda by the Government, I am prepared to which simultaneously addresses the admit this fact because of the
www.ijar.org.in 22 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] conservation of the people’s welfare is prepared scheme of political safeguards primary concern of the Government. And far the protections of depressed classes in in every country, you will find that the the future constitution of a self governing Government has been subjected to a India. Ambedkar also advocated the certain amount of charge with regard to immediate introduction of adult maternity benefit.” franchise. Women started participating in When Ambedkar returned to India after satyagrahs and also launched women’s attending the round table conference in associations for untouchable women for 1932, hundards of women were present spreading education and awareness for the committee meetings. Since among them. In the Mahad Satyagraha Amhedkar was well convinced about the for temple entry in 1927, even caste status of women, as the Chairman of the Hindues participated. Shandabai Shinde Drafting Committee he tried and was one such participant. In the adequate inclusion of women’s rights in Satyagraha it was decided to burn the the political vocabulary and constitution Manusmriti, which humiliated women, of India. Therefore, by considering and shudras. In the demonstration after women’s equality both in formal and the bonfire of the Manusmriti more than substantial senses he included special fifty Women participated. Ambedkar provisions for women’s equality both in addressed the meeting thereafter and formal and sustainable senses he advised women to change their style of included special provisions for women wearing saress, wear lightweight while all other general provisions are ornaments, not to eat meat of dead applicable to them, as to men animals. It was upper caste women like constitutional provisions. Hence, there Tipnis who taught them proper way of are Articles like 15(3), 51(A), and so on. wearing sarees. His key work in the preparation of Indian Constitution made it to be known At the All India Depressed Classes as a New Charter of Human Rights. He Women’s Conference held at Nagpur on looked upon law as the instrument of 20th July, 1940 Dr. Ambedkar creating a sane social order in which the emphasized that there could not be any development of individual should be in progress without women. He spoke “I am harmony with the growth of society. a great believer in women’s organization
I know that what they can do to improve Ambedkar Idea of Equality the condition of the society if they are convinced. They should educate their He incorporated the values of liberty, children and instill high ambition in equality and fraternity in the them. Indian Constitution. Based on the belief that any scheme of franchise and Ambedkar made some memorable constituency that fails to bring about speeches in the Round Table conference. representation of opinions as well He placed the view point of the depressed representation of persons falls short of classes and pleaded for Dominion Status. creating a popular government, he His speeches created a good impression submitted the Constitution with a upon the British public. He served on a warning. He said in his speech delivered number of important sub-committees and in the Constituent Assembly on 25th
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November 1949, “Political democracy B.R. Ambedkar, his life, work and cannot last unless there lies at the base of relevance. it social democracy.” By social he means a The Hindu Code Bill, 1948 way of life, which recognizes liberty, equality and fraternity as principal of life. In 1948 when the Hindu Code Bill was He further said: “On 26th January 1950, introduced in parliament and debated on we are going to enter into a life of the floor of the house, the opposition was contradictions. In politics we will have strong against the Bill. Ambedkar tried equality and social and economic life we his level best to defend the Bill by will have inequality. In politics we will be pointing out the Constitutional principles recognizing the principal of one man one of equality, liberty and fraternity and vote and one vote one value. In our social that in the Indian society characterized and economic life, we shall, by reason of by the caste system and the necessary for our social and economic structure, a social change in which women have continue to deny the principal of one man equality in a legal frame system and the one value. We must remove this oppression of women since women are contradiction at the earliest possible deprived of equality, a legal frame work is moment or else those who suffer from necessary for a social change in which inequality will blow up the structure of women have equal right with men. political democracy which this Assembly However, the Bill could not withstand the has so laboriously built up.” opposition from the Hindu orthodoxy. In reality, the Bill was a threat to patriarchy Ambedkar believed primarily in the on which traditional family structure, efficacy of law and legislation, and he was bounded and that was the major struggled to evolve a constitutional reasons behind the opposition. Therefore, mechanism to fashion India of his on the eve of the first elections in 1951 dreams, where equality, liberty and Prime Minister Jawaharlal Nehru fraternity would have an unhindered dropped the Bill by saying that there was play. In Ambedkar’s vision of India, all too much opposition. On this issue the citizens would be equal before law; they then Law Minister Dr. Ambedkar have equal civic rights, equal access to all resigned. His explanations for resignation institutions, conveniences and amenities show how the parliament of independent maintained by or for the public; they India deprived its women citizens of even possess equal opportunities to settle or basic rights. His resignation letter dated reside in any part of India to hold any 27th September 1951 public office, or exercise any trade or calling, here all key and basic industries Although most of the provisions proposed would be owned by the state. He pleaded by Ambedkar were later passed during for special privileges and safeguards for 1955-56 in four bills on Hindu ‘marriage’ the Dalits as scheduled Castes. In short, succession, minority and guardianship he demanded equality, which would not and maintenances and later in 1976 some only lead, to the redressal of the past changes were made in Hindu law it still wrongs but also provide sufficient remains true that the basic rights of leverage, may be by way of compensation, women have yet to be restored to them as siabid to ensure their leveling up. – even after fifty years of the working of the Indian Constitution based on the
www.ijar.org.in 24 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] principle of liberty, equality and justice to implemented Schemes such as Dr. all Indian citizens. However, the Hindu Ambedkar National Memorial, Dr. code Bill helped the resurgence of Ambedkar National Public Library, Dr. feminist movement in India. This crusade Ambedkar Chairs in Universities / of Ambedkar to emancipate women from Institutions, Dr. Ambedkar Award for injustice inspires the women leader in Social Understanding and upliftment of parliament to keep the issue alive until Weaker Sections and the Dr. Ambedkar its enactment. This was the starting International Award for Social Change. point for women to recognize their Constitutional Provisions position and pursue rights movement by acquiring strength from second wave The Constitution of India contains feminism started in the early 1960s. various provisions, which provide for Women are still fighting issues such as equal rights and opportunities for both rape, dowry death, communalism, men and women. The salient features fundamentalism, sexual harassment, are:- violence - domestic and social, poverty • Article 14 guarantees that the State and so on. shall not deny equality before the law and equal protection of the laws; The parinirvan of Dr. Baba Saheb • Article 15 prohibits discrimination Ambedkar who was recognized against any citizen on the ground of sex; internationally as a crusader against • Article 15 (3) empowers the State to caste system, a vigilant fighter for the make positive discrimination in favour of human rights of all the oppressed and women and children; enslaved and the emancipator of • Article 16 provides for Equality of humanity from social and economic Opportunity in matters of public injustice, occurred on 6th December employment; 1956. In the condolence message, on • Article 23 prohibits trafficking in Ambedkar death in Parliament, Prime human beings and forced labour; Minister Jawaharlal Nehru said: “Dr. • Article 39 (a) and (d) enjoins the State Baba Saheb Ambedkar was a symbol of to provide equal means of livelihood and revolt against all oppressive features of equal pay for equal work; the Hindu society.” His dream of society • Article 42 enjoins upon the State to based on gender equality is yet to be make provisions for securing just and realized and therefore his thoughts are humane conditions of work, and for important for the social reconstruction maternity relief; that favours women’s empowerment. The • Article 51A(e) imposes a Fundamental Nation honoured Baba Saheb Ambedkar Duty on every citizen to renounce the by offering Bharat Ratna posthumously practices derogatory to the dignity of to him which was received by his widow women; Savita Ambedkar in 1990. Dr. Ambedkar • Article 243D (3) provides that not less foundation was set up under the Ministry than 1/3rd of the total number of seats to of Social Justice and Empowerment on be filled by direct election in every 24th March 1992 for the purpose of Panchayat to be reserved for women, and promoting and propagating his ideology such seats to be allotted by rotation to of social justice so as to reach the different constituencies in a Panchayat; common masses. The foundation • Article 243T(3) provides that not less
www.ijar.org.in 25 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] than 1/3rd of the total number of seats to The march towards elimination of gender be filled by direct election in every bias has to go on, so as to make it Municipality shall be reserved for women meaningful for the vast majority of and such seats may be allotted by women in this country. There is a greater rotation to different constituencies in a representation now in the legislature, Municipality; executive and judiciary. India is one of • Article 243T(4) provides reservation of the few countries in the world, which has offices of Chairperson in Municipalities had a woman Prime Minister. Various for Sc, ST, Women in such manner as the States have from time to time, had legislature of a State, may by law women Chief Ministers. A woman Judge provide; in the Supreme Court, and in the High In pursuance of the above Constitutional Courts, has today become the norm. provisions, various legislative enactments Women have crossed many barriers, and have been framed to protect, safeguard head various departments in large and promote the interests of women. multinationals today. A beginning has Many of these legislative enactments been made in the Army also, when have been in the sphere of labour laws to women are being commissioned as SSC ameliorate the working conditions of Officers. The 73rd and 74th Amendments women labour. to the Indian Constitution were brought about in 1993, which served as a break- Conclusion through towards ensuring equal access Society is in a continuous process of and increased participation in the evolution. It will take several decades for political power structure. The proposed these imbalances to be rectified. Womens’ Reservation Bill to provide 33% Education of both men and women will reservation for women in the Lok Sabha lead to change in attitudes and and State Legislature is now under perceptions. It is not easy to eradicate consideration. The empowerment of deep-seated cultural value, or alter women in urban areas and the tradition that perpetuate discrimination. metropolises cannot be the indicator of Law can only be an instrument of change, growth in the country. In a country, that must be effectively used. The where eighty percent of the population is absence of effective law enforcement, in rural areas, until the lot of women in results in low rates of conviction, which these areas is also not improved in turn emboldens the feeling that the simultaneously, development will remain accused can get away. It is necessary that an illusion to them. The status of women deterrent punishments are provided in cannot be raised without opening up the statute, and are strictly enforced. A opportunities of independent income and beginning has certainly been made in employment. In the rural areas, urban areas. Working women continue to employment of women is concentrated remain primarily responsible for taking mainly in labour-intensive, unskilled jobs care of home and child rearing, in where simple or traditional skills are addition to their careers. Increased stress required. There is lack of access to has made them more prone to heart and vocational institutions. other stress related diseases. Hence, it is necessary to improve the Support System Women in the rural areas are wholly for working women. oblivious of their rights. It will require a
www.ijar.org.in 26 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] much greater and concerted effort for the Jatava, D.R., B.R. Ambedkar – A Vision various measures to become a living on Man & Morals. reality for women in the rural areas. This Limaye, Champa : Women Power and can happen only through the collective Progress, B.R. Publishing Corporation, effort of the State, NGOs, imparting of New Delhi, 1999. formal and informal education, through Mathew, Thomas : Ambedkar : Reform the media, etc. Empowerment of women or Revolution, Segment Books, New so as to enable them to become equal Delhi, 1991. partners with their male counterparts so Ranga, M.L., B.R. Ambedkar, his life, that they have mutual respect for each work and relevance. other and share the responsibilities of the Sahay, Lalit K., Dr. B.R. Ambedkar – home and finances should be the ultimate Man of Millenium. goal that we must aspire to achieve. Samyukta.info/site/node/225. Enforcement of basic human rights of Sharma, Sanjay Parkash – Dr. B.R. gender equality must take place, without Ambedkar – A Crusader of Social Justice. undermining the institution and sanctity The National Policy for the of marriage, and family. Empowerment of Women, 2001. “The rise and falls of the Hindu References Women”, The Mahabodhi (Calcutta), Ahir, D.C. The Legacy of Ambedkar, 59.5-6, 139-151, 1950. Arya Sudha, Delhi 1990. Women Gender Equality and the State, Ambedkar, B.R. “Women and Counter Deep and Deep Publications, New Delhi. Revaluation”. “Riddles of Hindu Women” 2000. in Dr. Baba Saheb Ambedkar: Writings and Speech, Vo. 3, Department of Education.
Chirakarode, Paul : Ambedkar : Budhika Vikasobhathinte Agnijwala, Dalit Books, Thiruballa, 1993.
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Indu Malhotra, An Advocate of Supreme Court of India. Nyaydeep Law Journal. Government of India: The National
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Politics of Bahujan Allies in Andhra Pradesh
K. Sasi Kumar, M.A., M.Phil., Lecturer in English, S.V.K.P & Dr.K.S. Raju Arts & Science College, Penugonda, W.G.Dt.
Abstract: The present investigation particularly focuses on the electoral politics of Bahujan allies in the State of Andhra Pradesh during the year 1999-2009. The BSPs entry into Andhra Pradesh and its electoral experiment was well received by the Dalit- Bahujan. A total of 1756 respondents were selected randomly and they represent different age groups and political perspectives. Stratified sampling method has been adopted for selection of sample and care has been taken to select equal number of respondents from each social group to make the sample representative. The piece of investigation has shown consistent findings with regard to the proposition that Bahujan allies in Andhra Pradesh are breaking the monopoly of upper castes during 1999-2009. Contrary to this, the BSP presented a dismal picture in the State of Andhra Pradesh from 1999-2009 and proved to be short-lived. Key Words: Electoral Politics; Bahujan Allies; Political Hegemony; Election Promises and Public Policies
1. Introduction: numerous. From a society where politics once held a marginal public role, India The most significant feature of a has become an intensely political society. democracy is the election process. In fact, By the 1970s, for instance, many elections have been described as the pillar backward castes - located above the out- of the Indian democratic regime. In a castes- had gained enough economic and sense, elections form the essence of political clout to become a powerful ‘vote democracy (Kondo, 2007). Election bank’. They now aspired to a larger share provides a mechanism by which people of administrative and educational can choose their representatives at opportunities, where they were regular intervals. In modern democracies, underrepresented. Some of the largest political parties are considered as and best organized backward castes were indispensable vehicles of representation. the ‘Yadavs in Uttar Pradesh and Bihar, (Pushpa, 2009). They articulate people’s Jats in Haryana and Punjab, Marathas in needs and aspirations. With the Maharash-tra, Vokkaligas in Karnataka, beginning of coalition politics, the nature and Goudars in Tamil Nadu. of political participation has shown considerable changes in the 1990s. A The caste structure in Andhra Pradesh clear shift can be seen from m One-party- is akin to that existing in most other dominant system to multiple-party system parts of India, if it is viewed as a and minority government in Indian traditional social order in which people politics. are functionally dependent on each other but separated as distinct groups, Since the 1950s, political power has stratified as high and low. Nonetheless, been shifting away from upper caste the nature of the caste system has been Hindus to the rest, who are far more undergoing tremendous changes over
www.ijar.org.in 28 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] hundreds of years, with varying patterns State of Andhra Pradesh, especially in different regions and as such, caste during 1999 to 2009. should not be viewed as a fixed and rigid 4. To evaluate the role of caste and social relation. All castes in Andhra political hegemony with special reference Pradesh (except the Brahmans) share the to electoral politics of Bahujan Allies in linguistic boundaries of the State, the State of Andhra Pradesh, especially although they have several features in during 1999 to 2009. common with other castes similarly placed in the social hierarchy in other Delimitations of the Study: States. As stated earlier, this piece of At least three reviews of election studies research was to investigate electoral have been realized, by Narain (1978), politics of Bahujan Alliances in Andhra Brass (1985), and Kondo (2007). Both Pradesh during 1999-2009. Hence, this Narain and Kondo provide a fairly study too had space, time and resource exhaustive list of publications in this constraints as in any other study. field, and discuss their relevance and 1. The area of investigation was quality. Brass’ review also offers a restricted to three districts from three detailed discussion of the advantages and regions of the State i.e, Telangana, limitations of ecological approaches. A Coastal and Rayalaseema. broad typology of election studies published since the late 1980s—a 2. The study was confined to moment which can be considered as the Bahujan allies in the State of Andhra emergence of the new configuration of Pradesh during 1999-2009. the Indian political scene, characterized 3. The investigation was limited to by (i) the importance of regional parties the perceptions of 1756 voters from three and regional politics; (ii) the formation of regions of the State of Andhra Pradesh ruling coalition’s at the national and during for the electoral politics of 1999- regional levels; and (iii) the polarization 2009. of national politics around the Congress, the BJP, and the ‘third space’. Research Methodology: Objectives of the study: The data for study is collected from primary and secondary sources. The The present study has been taken up as a primary data is collected through humble beginning of the tremendous task structured questionnaire and secondary ahead with the following objectives: data is collected from published books 1. To investigate the electoral politics of and research articles. Since political Bahujan Allies in the State of Andhra mobilization is almost the same in rural Pradesh, especially during 1999 to 2009. and urban India, the current study has been located in rural and urban Andhra 2. To appraise the determinants of Pradesh. The state is divided into three electoral politics of Bahujan Allies in the distinct geographical reasons, namely State of Andhra Pradesh, especially Telangana, Coastal Andhra and during 1999 to 2009. Rayalaseema. Hence, three districts each 3. To explore the perceptions of voters on have been selected from every region. electoral politics of Bahujan Allies in the The districts selected for the study are
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Medak, Adilabad, and Nizambad parties and their performance; (Telangana districts), Krishna, West improvement of conditions during 1999- Godavari, and Srikakulam (Andhra 2009; breaking monopoly of upper castes districts) Kurnool, Kadapa, and Chitoor with the advent of Bahujan allies; (Rayalseema districts). Respondents have unfulfilled poll promises of government been selected from three regions and Bahujan Movement in Andhra following the principles of satisfied and Pradesh; blow to political hegemony; representative sample. TDP and Bahujans to fight together for 2009 elections ;on the issue of separate The research sample was designed as per Telangana; proportional representation the universal norm of randomly selecting of Bahujans in electoral politics; transfer the respondents. A total of (1800) 1756 of political power from upper castes to respondents were selected randomly and lower castes; Bahujans as Chief they represent different age groups and ministers; acceptance of SCs by BCs and political perspectives. Stratified sampling structural changes etc., method has been adopted for selection of sample and care has been taken to select The questionnaire was administered to equal number of respondents from each the sample selected. Suitable statistical social group to make the sample techniques with percentages along with representative. Microsoft excel package and SPSS (Statistical Package for Social Sciences) A questionnaire was developed 16.0 were employed to analyze the data keeping in view the objectives and and draw inferences. hypotheses of the study. It consists of Major Findings of the two parts. 1.2 Study: Part- A: comprises ten questions, seeking personal information of the 1) The results of the study could respondent, which includes personal mirror that an overwhelming majority of profile like, name, the sample (91.0%) watch Television Parliamentary/Assembly constituencies daily for news; a good majority of the and name of the Polling station; gender; sample (54.0%) opted that they ‘never’ marital status; formal education; their listen to radio; a large sample (87.0%) regular activities like watching T.V, confessed that they read newspaper daily; listening to the radio, reading and nearly half of the sample (49.0%) newspapers, using internet etc.,; their opined that they ‘sometimes use internet interest in politics; face-book account; e- services to keep in touch with the politics. mail account and twitter; retirement age 2) A good majority of the sample for politicians; and consideration for (57.0%) confessed that they are very electoral voting. much interested in day-to-day politics. Part- B: It consists of ten statements 3) It was found that an based on the perceptions of the sample overwhelming majority of the sample ( related to Bahujan allies in Andhra 83.0%) had no access to modern Pradesh. The reason why people do not electronic accounts like facebook,twitter exercise their franchise; the two terms of etc., UPA led coalition government; Prime Ministers performance; the two giant
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4) A large majority of the sample ‘remain the same’ during 2004-2009; b) (69.5%) agreed that politicians should As per the conditions of farmers is have the retirement age. concerned, a more than half of the sample (55.0%) had confessed they ‘remain the 5) A good majority of the sample same’; c) With regard to the conditions of (41.0%) considered caste as the Government Schools, it was dominating factor for voting. demonstrated that a good majority of the 6) A great majority of the sample sample (69.1%) opined as ‘remained the (54.0%) preferred that they think their same’; d) Regarding the conditions of vote would matter in the process of roads is concerned, more than half of the voting. sample (55.0%) confessed as ‘improved’; and e) As per the safety of women, the 7) A good majority of the sample quantitative data reveals that a good (58.0%) preferred second term (2009-13) majority of the sample (49.0%) opined as was better by the Congress led UPA ‘remained same’. Government. 11) A great majority of the sample 8) A good majority of the sample (69.3%) confessed that to a large extent (44.5%) opined somewhat satisfied by the Bahujan allies are struggling to break the performance of Manmohan Singh as the monopoly of upper castes in Andhra Prime Minister. Pradesh. 9) With regard to coalition 12) As per the unfulfilled promises of governments a) A good majority (47.0%) government helped Bahujan Movement preferred Congress government is a in Andhra Pradesh that a great majority better party with good leaders;.b) For of the sample (74.0%) opined it ‘to a good governance and administration, a larger extent’. great majority of (63.0%) voted for Congress government; c) With respect to 13) An overwhelming majority of the curbing corruption, more than half of the sample (81.0%) confessed that Bahujan sample (54.0%) could go for Congress led Movement in Andhra Pradesh has government; d) For maintaining religious become a real threat to political harmony, a great majority of the sample hegemony ‘to a larger extent’. (71.0%) opted for Congress led 14) A great majority of the sample government; e) In handling economic (66.0%) expressed ‘to a larger extent’, crises, a large majority of the sample TDP and Bahujan alliances should fight (65.0%) voted for Congress-led the Elections together, government; f) For running a coalition government, a great majority of the 15) A good majority of the sample sample(75.0%) supported Congress-led (41.6%) were in favour of bifurcation of governments; and g) As in the case of State. countering terrorism, a great majority of 16) A good majority of the sample the sample (69.0%) voted for BJP led (47.0%) agreed to a larger extent that government. proportional representation would 10) As per the conditions of farmers enhance the image of Bahujans in the is concerned, a more than half of the State of Andhra Pradesh. sample (55.0%) had confessed they
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17) A large majority of the sample social work and eventually began (58.0%) opined to some extent for focusing the bulk of his organizational transferring of political power from upper efforts in the building of the political castes to Bahujan for political party that is known today as the BSP equilibrium. (Jaffrelot, 1998, 35) 18) A good majority of the sample The BSP’s electoral success is seen (47.0%) agreed to the statement that as a unique phenomenon due to the fact backward classes consider Scheduled that no other Indian political party Caste candidates for Chief Ministership, running primarily under the platform of catering to the interests of ex- 19) A large majority of the sample untouchables has achieved such success (63.0%) agreed to some extent with (Duncan, 1999, 36). However, the BSP regard to minority BCs accepting could not have achieved success by simple majority BCs in leadership projection. voter majority because Dalits and other 20) A great majority of the sample backwards castes (OBCs) do not comprise (64%) opined that structural changes in a direct voter majority. The BSP has socio-economic field to a larger extent can found success by forming political be brought through Baahujan allies in coalitions with the Samajvadi Party (SP), A.P. during 1999-2009 elections. Congress, Bharatiya Janata Party (BJP), all of which have very different political 1.3 Discussion and Conclusions ideologies and agendas than those of the BSP (Duncan, 1999). The political Before drawing a curtain on this marginalization and discriminative study it is appropriate to say that this attitude of the Congress Party and the investigation has showed a set of Telugu Desam Party which were mainly consistent findings and gleaned much led by the dominant caste of Reddy and from Electoral Politics of Bahujan allies Kamma, the political indifference of the in the State of Andhra Pradesh during Left parties to the specific problems of 1999-2009 and its contribution towards dalits led them to build their own in enhancement of quality for improving political autonomous identity (Ratnam, electoral politics and sustainability is 2008) outlined. The hypotheses set forth are The BSPs entry into Andhra Pradesh and examined, discussed and presented as its electoral experiment was well received follows: by the Dalit-Bahujan forces. As a part of 1. It is hypothesized that political mobilization for the 1994 Bahujan allies are struggling to Assembly elections the BSP has break monopoly of upper castes in organised its first Public meeting at Andhra Pradesh during 1999-2009. Nizam College in Hyderabad on January 23rd under the leadership of Bojja Dalits comprise a Tarakam, which evoked the spontaneous stunning 52 percent of India’s population gathering of one lakh people. It is beyond (Ghose, 2003, 83). Dr. Ambedkar’s doubt that the Dalit movement has struggles and eventual passing led to the affected the agenda of setting of various rise of a new leader, Kanshi Ram, who political parties in Andhra Pradesh. aimed to unite lower castes through
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Thus, the interaction between social dignity and religious traditions. caste and politics has given rise to three One has to wait and see if the political developments. The first one refers to establishment of the dominant castes emergence of dominant elites from takes this assertion seriously or not. different castes but shares a secular Whatever may be the response of the outlook and homogeneous values. ruling castes and classes, the Dalit Secondly, several caste emerged to give assertion has shown that a long drawn- the caste system a secular organizational out struggle alone can provide the space form. The third refers to emergence of and scope for the Dalits to continue to several factions along with elites groups fight for building an egalitarian, have got politically organized. The system democratic and plural society (Louis, of factions is such that it divides not only 2004). The five years (1999-2004) that political groups but also social groups. It the National Democratic Alliance (NDA) thus facilitates the process of cross- was at the Centre saw India go from a 4 cutting identification (Kumar, 2005). per cent (1997-98) growth rate to 8.3 per Kothari (1985) have rightly observed that cent (2003-04) that plummeted to 5 per the electoral system in India has given a cent (2008-09) under the Congress-led new lease of life to caste identification UPA. (Chaudary, 2013). The piece of The investigation demonstrated that a investigation has shown consistent great majority of the respondents findings with regard to the proposition (64.0%) considered that socio- that Bahujan allies in Andhra Pradesh economic factors influence electoral are breaking the monopoly of upper politics of Bahuja allies in the State castes during 1999-2009. This is evident of Andhra Pradesh to a larger extent from the stunning findings of the study a especially during 1999-2009 elections. great majority of the sample (69.3%) Thus, the second hypothesis is also confessed that to a large extent Bahujan accepted and thus, retained. allies are struggling to break the monopoly of upper castes in Andhra 3. It is hypothesized that public Pradesh. Thus, the first hypothesis policies and promises during poll formulated is retained. campaign helped the growth and development of Bahujan Movement 2. It is hypothesized that socio- in Andhra Pradesh during 1999- economic of factors are influencing 2009. electoral politics with special reference to Bahujan allies in Since the dialogue between political Andhra Pradesh during 1999- parties and the electorate is a continuous 2009. phenomenon, there exists the factor of unfulfilled promises and its consequence The demand of the Dalits is not of anti-incumbency factor. All the limited to the annihilation of the caste promises made during an election could system and the evil practice of not be fulfilled. And even some of the untouchability. It goes further and calls promises are translated in to legislation, for restructuring the Indian social order or a scheme or a project, their and creating a society where all the implementation might take time or could downtrodden masses will have an equal not be done so to the satisfaction of some share in resources, power structure,
www.ijar.org.in 33 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] or many .Even if five percent of the prefer change and they invariably vote earlier committed vote turns hostile later, against the ruling party. the impact on the election could be very In the Indian context, the adverse .So a ruling party always starts literature on the incumbency advantage with a handicap in the next election or disadvantage is relatively new. Over (Hasim, 2009). As per the unfulfilled the past 30 years, BSP that essentially promises of government helped Bahujan sought to transform the lives of the Movement in Andhra Pradesh, the downtrodden and backward sections of statistical information discloses that a the society has more than 20 percent vote great majority of the sample (74.0%) share in many Assembly constituencies, opined it ‘to a larger extent’. Hence, it especially in Uttar Pradesh. Initially the can be concluded that unfulfilled main aim of the party was to fight against promises of Governments certainly the obnoxious Manuwadi system. In this helped Bahujan Movement in Andhra way the struggle of Kanshi Ram who was Pradesh electoral process. Therefore, the born in Scheduled Caste community, hypothesis public policies and promises proved to be greatly effective and during poll campaign helped the growth pregnant with far-reaching consequences. and development of Bahujan Movement Later on his successor Mayawati took in Andhra Pradesh during 1999-2009 is accepted and retained. care of his legacy and is fulfilling the party’s vision. After becoming the party 4. It is hypothesized that chief, Mayawati justified the move stating proportional representation shall that the BSP was committed to not only diminish the image of Bahujan improve the socioeconomic conditions of allies in Andhra Pradesh during the people of the ‘Bahujan Samaj’ but 1999-2009 also of the poor among the upper caste Hindus, small and medium farmers, Indian election results often spring traders and people engaged in other surprises. It was particularly the case professions. This helped BSP to when the Bhartiya Janata Party (BJP), transform its image from a dalit centric which led the National Democratic party which was known for erecting Alliance (NDA) government, Ambedkar statues to a party that sought unexpectedly lost the 2004 Lok Sabha the development and welfare of all the election. Incidentally, many critics of communities. The party distributed economic reforms celebrated the outcome tickets to the upper castes and Muslims. as a vote against the reforms. Since the This instilled faith in the upper caste and state governments led by Chandrababu Muslim towards BSP. Most of the BSP Naidu in Andhra Pradesh and Digvijay candidates of upper castes won and Singh in Madhya Pradesh lost the state proved that this faith was not on paper assembly elections around the same time, but on practical and political ground. and both the governments were seen to This gave BSP a new definition by be pro reforms, this view gained transforming it from a dalit centric party currency. On the other hand some into a multiethnic outfit that sought observers attributed these election development of Sarvajan (all outcomes to the anti-incumbency factor. communities) (Singh, 2014). This view assumes that the Indian voters
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Contrary to this, the BSP presented a a four-cornered battle for dismal picture in the State of Andhra power.(Acharya,2014) Pradesh from 1999-2009 and Out of the 23 districts in the proved to be short-lived. .However, the state, the Reddys are a politically present piece of investigation vividly dominant upper caste in 15 districts exhibited that a good majority of the where their share of the total district sample (53.0%) agreed to no extent population is above 10 percent. Kadapa that proportional representation would accounts for the highest proportion of diminish the image of Bahujans in the Reddys at 27 percent of the total State of Andhra Pradesh. So, the population. The Reddy-dominated fourth null hypothesis is rejected. districts include Kurnool, Anantapur and 5. It is hypothesized that there is Chittoor in Rayalaseema region, no threat to political hegemony Nalgonda, Medak, Warangal, dominant castes in electoral politics Mahbubnagar, Rangareddy, Nizamabad, in Andhra Pradesh during 1999- Karimnagar and Adilabad in Telangana 2009. and Nellore, Guntur and Prakasam in coastal Andhra. Political allegiances and party configurations in India have gone Kamma-dominated districts are through several phases since the first Krishna and Khamman, though Kammas elections in 1952 (Sridharan 2002). Until share power with Reddys in Prakasam, 1967, the Indian National Congress Guntur and Chittoor. Kapus dominate (INC), which led the Independence the politics of two districts - East and movement, won the national assembly West Godavari. Other Backward Castes with two-thirds of the seats based on a dominate the politics of three north plurality of votes typically between 40 coastal districts - Srikakulam, and 45 percent..During this period, Vizianagaram and Visakhapatnam. elections to the national and state Kapus share power with Kammas in assemblies coincided, and we see a similar Krishna and Guntur districts. Hyderabad pattern of Congress Party domination in is dominated by Muslims, as they account the states. Votes not received by the for 42 percent of the total electorate Congress were spread across a large (Hasan, 2014) number of other parties and By 1999, caste-based voting had Independents. The Congress vote and become the fact of AP politics: survey data seat share fell over time and in the 1967 showed that 87% of Kammas and 62% of the election the party held just over half the “Peasant Other Backward Castes” in AP voted seats in the national assembly. U.P. is of for the TDP while 77% of the Reddys, 64% of special interest for the study of Indian the scheduled castes and 60% of Muslims for politics because of the salience of caste- the Congress (Suri 2002: Table 6). This meant based rivalries and fierce contests for that the overall election result rested with the power (Chandra 2004; Banerjee and other communities such as Kapus, “Service Pande2011). While the SP and BSP OBCs” and scheduled tribes who voted almost emerged as strong regional parties, the equally for the two major parties (ibid) and two national parties, the INC and the could swing the very fine division of the BJP, have remained important, leading to floating vote (10%) which decided which party will get the majority of seats in the assembly.
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The emergence of other caste groups The findings of the present study such as the Kapu-dominated Praja Rajyam amply demonstrate an overwhelming Party (PRP) destabilised the electoral scene. majority of the sample (81.0%) opined The PRP proceeded to take away nearly 12% that Bahujan Movement in Andhra of the TDP vote share and ensured the victory Pradesh has become a real threat to for the second time of the Congress Party and political hegemony ‘to a larger extent’. YSR. (It soon merged with the Congress in On the other hand, a simple majority of 2011. Though it took place after YSR’s death, the sample (14.0%) opted ‘to some it is speculated that this was the logical extent’. Thus, it can be inferred that conclusion of his subtle moves to consolidate Bahujan Movement in A.P. became a Congress Party power). threat to political hegemony to a larger However, the re-emergence of the extent during 1999-2009 elections. Telangana movement as a major mass Hence, the fifth hypothesis is movement meant that the equations within the rejected. Congress Party and the state – now dominated 1.4 Implications of The Study by YSR and the Rayalaseema Reddys – had to be addressed. YSR and the Congress had The findings of the present study are backed the movement as a way of enticing the of practical as well as theoretical Telangana voters away from the TDP and this importance to the Research Scholars, worked well for the party in 2004 and 2009 People (voters), and Politicians. (Pingle,2011) 1.5 Suggestions Even the Srikrishna Committee Report clearly indicated Caste is an important The present study is not much factor in the political history of Andhra comprehensive and exhaustive due to Pradesh and remains critical for political the limitations of a doctoral work. mobilisation. Most scholars have pointed out There are some limitations in its scope the hegemony of the Reddy and Kamma castes. and design. Thus, it is suggested that Among the 294 members further investigations may be focused on elected to the assemblyin 2004, 180 the following issues: a similar study can belonged to the forward castes. They be conducted with a larger sample to included 91 Reddys, 34 Kammas, 27 have in-depth knowledge of the electoral Kapus, 11 Velamas, 7 Kshatriyas, 4 politics of Bahujan allies, especially in the Vysyas and one each from Lingayat, Are State of Andhra Pradesh; there is a need Kshatriya and Marwari community. The to explore the execution of electoral weaker sections including Backward promises made by the various political Classes, Scheduled Castes, Scheduled parties when they come to power; a Tribes and minorities accounted for 114 comparative study can be taken up on the members in the house, including 48 BCs, electoral politics of Bahujan allies in 39 SCs, 16 STS and 11 minorities Uttar Pradesh with that of other States (Muslims). No political party can ignore in the Indian Republic; a study can be the caste factor. No wonder, out of the 14 taken on the perceptions of public chief ministers in Andhra Pradesh in the representatives on the electoral politics of last 52 years, as many as eight were Bahujan allies in India; Another area for Reddys, followed by Kammas (3), investigation would be on political Brahmin, Velama and Dalit. hegemony in different States in the Indian Republic.
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References: Hasan (2014) Andhra Pradesh: Caste to the Fore Again. - Lok Sabha Ashalatha.P (2014) Caste in Indian Election news - Rediff.com.htm Politics. Indian Journal of Research. vol.3.Issue.3. Kondo, Norio (2003) Indian Parliament Elections after Independence: Bimal Prasad Singh (2013) Electoral Social Changes and Electoral Reforms in India – Issues and Participation, Chiba (Japan): Challenges. International Journal of Humanities and Social Science Institute of Developing Economies (JETRO). Invention,Vo.2, Issue.3 pp 1-5. Prakash Louis (2004) Dalit Assertion in Christophe Jaffrelot (1999). Caste North India : A view from below. Politics in North, West and South Integral Liberation.Vol.8.No.2.pp India before Mandal. The low 121-131. caste movements between Sanskritisation and Pratap Singh;Ashwini Kumar and Anil Ethnicisation. Paper prepared for (2014) BSP’s Transformation into The A Festschrift Conference India MultiethnicOutfit. and the Politics of Developing International Journal of Humanities and Social Sciences Countries: Essays in Honor of . Myron Weiner Kellogg Institute Vol.2. Issue.6, pp.52-55. for International Studies, Ratnam.K.Y (2008) The Dalit Movement University of Notre and Democratization in Andhra Dame.September 24-26. Pradesh. Chaudhry Prashanth(2013) Caste as an W.P, East-West Centre, Washington Institutionalized System of Social Exclusion and Discrimination: Suri K.C(2003) Andhra Pradesh from Some Evidences. International Populism to Pragmatism, Journal Journal of Gender and Women’s of Indian School of Political Studies 1(1); June 2013 pp. 56-63. Economics V.XV.No.1&2 pp.45- 78. Duncun B.Forester (1970) sub- regionalism in India: the case of Wolfram Schulz (2005) Political Efficacy Telangana, Pacific Affairs, (40) 1. and Expected Political Participation among Lower and Gautham Pingale (2011) Telangana and Upper Secondary Students. A Reddy-Kamma Battles. Economic Comparative Analysis with Data & Political weekly. from the IEA Civic Education Vol.16.No.36.pp.19-21. Study. Paper prepared for the Hasim S.R. Calapthi Rao.K.S; ECPR General Conference in Ranganathan K.V.K and Murthy Budapest, 8 - 10 September 2005. M.R (2009) Indian Industrial Development and Globalization. Academic foundation. New Delhi. pp.810.
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Dr.B.R.Ambedkar and Concept of Social Justice
Dr.D.Venkateswara Rao, Head, Dept. of Public Administration, PG Centre & Director, Gandhian Studies Centre, Sri Y.N.College, Narsapur, W.G.Dist
Abstract: The ideals of social justice denote brotherly relations of a citizen with every other citizen in our society; and it overcomes caste-barriers between man and man; and demands respect for all citizens from everyone. The spirit of social justice here gives significant place to mutual regard and responsibility in social life. Dr.B.R.Ambedkar addressed the problem of untouchability and came out with concrete proposals for the removal of untouchability and the upliftment of the marginalized and the excluded. It upholds the dignity of human personality. As the chief architect of India's Constitution, he got it shaped clearly on the values of justice, liberty, equality, fraternity and dignity of man. Social justice is social happiness. It is happiness guaranteed by a just social order. Just social system seeks to remove social disability by birth resulting in social and economic inequality. Social justice means equal social opportunities shall be available to everyone to develop their personalities which is associated with equality and social rights. According to Dr.B.R.Ambedkar, justice is based on moral values and self-respective. Justice situates through social, political and economic justices which regulated by the Indian constitution. The main objective of this concept is to uplift the women, Scheduled Castes and Scheduled Tribes in the society and pull them to the main stream of the society. This concept also prevents unjust enrichment at the cost of the weaker sections. So far as Dr. B.R. Ambedkar vision of ‘Social Justice’ is concerned, he is real earnest, sacrificed his whole life for the amelioration of the women, Scheduled Castes and Scheduled Tribes in the society. He strongly fought against the prevalent Caste system and gender discrimination in the society and ventured to secure social justice to these sections of the society. His struggle for social justice could be visualized in the ideals and philosophy of the Indian Constitution. Thus, the Constitutional ethos of the social revolution running through the ‘Preamble’, Fundamental Rights and the Directive Principles expressly emphasize the establishment of an egalitarian social order and based on human values of justice, Social, economic and political, equality of status and of opportunity and fraternity assuring human dignity. Thus Dr.Baba Saheb Ambedkar created a social revolution by awaking the women, Scheduled Castes and Scheduled Tribes and breaking all social values based on Hindu Social System.
Key Words: untouchability, Preamble, Dalits, Liberty, Equality, Fraternity, injustice, Civil Liberty, Political Liberty, Shastras, Hindu Social System. whom we call dalits were denied access to Introduction the natural resources and denied right to All human beings are equal by livelihood, this practice excluded them birth but few people constructed caste from the mainstream political system based on occupations which participation which further added to contributed to the evil practice of vulnerability. Later, Dr.B.R.Ambedkar, untouchability. Certain sections of society the great social reformer had addressed
www.ijar.org.in 38 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] these issues in a different way during the communicated their ideas to societies National Movement period and thereafter towards the welfare of depressed in Dr.B.R.Ambedkar's leadership provided a society. Particularly, Dr.Ambedkar fresh path for over all development of worked for the dalit rights, women rights, scheduled castes and his whole life was a backward castes, minorities and working constant struggle against injustice in class people and struggled all his life for society. He addressed the problem of the minimum dignity of all human beings untouchability and came out with irrespective of caste or class. The primary concrete proposals for the removal of aim of a well-ordered society, of a state, is untouchability and the upliftment of the to establish and maintain the human marginalized and the excluded. dignity or justice within its borders. It is, however, not easy to get a clear idea of Dr.B.R.Ambedkar’s contribution Justice. It may be explained in certain is now in a critical juncture to create the terms which may lead us towards a better just and casteless society. He believed understanding of the general conception that the root of untouchability lies in the of Justice. caste system and caste in the hands of the orthodox has been a powerful weapon for The Idea of Social Justice: persecuting the reformers and for killing The concept of social justice, like all reforms. He felt that no socio-political law, changes. It evolves itself into reform movement could be successful progressively new patterns and assumes without the annihilation of caste. He new dimensions. Social justice has its wanted justice for untouchables as well as own significance in the context of Indian the weaker sections of the society by society which is divided into Castes and making provision in this regard in the Communities and they create walls and Constitution itself. In the views of barriers of exclusiveness on the basis of Dr.B.R.Ambedkar society is based on superiority and inferiority such three fundamental principles viz., inequalities pose serious threat to Indian Liberty, Equality and Fraternity. But the democracy. The concept of social justice present scenario shows us a gloomy takes within its sweep the objective of picture of Dr.B.R.Ambedkar’s idea of removing inequalities and affording equal dealing with the weaker sections in the opportunities to all citizens in social, society. economic and political affairs.
Dr.B.R.Ambedkar was an India, while passing through the architect of Indian Constitution and he process of development is in the quest for also a great teacher, educationist, lawyer, finding our ways for a better and just economist, anthropologist, sociologist, socio-economic order. The search for a author, new model of socio-economic order is the orator, politician, trade union leader, need of the hour. Recent trends in preacher and above all social he was a Globalization, Urbanization, Mobilization great of the poor in search of better life revolutionary. In India so many social conditions and social justice movements reformers emerged to fight against compel us to think afresh. Social justice is injustice in favour of dalit communities, an application of the concept of however a few leaders successfully distributive justice to the wealth, assets,
www.ijar.org.in 39 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] privileges and advantages that for social assistance. Social justice in accumulate within a society or state India is the product of social injustice our because the essence of justice is the Caste system and social structure is the attainment of the common goods as fountain head for social injustice. It is distinguished from the goods of unfortunate that even 69 years after individuals even of the majority. There independence social justice is still a have been two major conceptions of social distant dream not within the reach of the justice one embodying the nation of merit masses. and desert, the other those of needs and equality. The first conception involves The social justice twigs of justice ending of hereditary privileges and an which derivatives from concept of ethical open society in which people have the morality. The issues of social justice is chance to display their desert. It is affected various developmental policy as expressed in equality of opportunity and well as whole development of social careers open to talents. The second welfare programme. It means that the conception implies that goods should be order regulated the behavior of man in a allocated according in each person’s way satisfactory to all men so that all varied needs. As it aims to make people mean find their happiness in it. Social materially equal, it entails an idea if justice is social happiness. It is happiness equality. guaranteed by a just social order. Just social system seeks to remove social "Justice", for Ambedkar, “is disability by birth resulting in social and simply another name for liberty, equality economic inequality. Social justice means and fraternity”, which forms the corner- equal social opportunities shall be stone of Ambedkar's concept of social available to everyone to develop their justice. It upholds the dignity of human personalities which is associated with personality. As the chief architect of equality and social rights. According to India's Constitution, he got it shaped Dr.B.R.Ambedkar, justice is based on clearly on the values of justice, liberty, moral values and self respective. Justice equality, fraternity and dignity of man. situates through social, political and These ideals of social justice denote economic justices which regulated by the brotherly relations of a citizen with every Indian constitution. other citizen in our society; and it overcomes caste-barriers between man Dr.B.R.Ambedkar favoured and man; and demands respect for all neither liberal nor Marxist perspectives citizens from everyone. The spirit of on social justice. Instead, he favoured social justice here gives significant place radical-liberal perspective based on useful to mutual regard and responsibility in means for social transformation. social life. “Dr.B.R.Ambedkar's idea of social justice was based on our indigenous historical, In India, justice is a generic term social and cultural roots,” a true essence which includes both procedural and of social justice cannot be established substantive justices the former providing without removing the inequalities in rules of court procedures and mechanism income and making endeavour to what is generally known as natural eliminate inequalities in status though justice and the latter making provision the rule of law. Social justice is a core
www.ijar.org.in 40 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] constitutional objective. Without social which consists of three concept of justice justice the Constitution would not able to namely liberty, equality and fraternity. secure economic and other justice to the Dr.B.R.Ambedkar addressed in people. “Justice, social, economic and constituent assembly that ‚the third political” is the spirit and vision of our thing we must do is not to be content Constitution as adopted by us which “We, with mere political democracy. We must THE PEOPLE OF INDIA have solemnly make out political democracy a social given ourselves on 26th November, democracy as well. Political democracy 1949”. It is the duty of the state to secure cannot last unless there lies at the base of a social order in which the legal system of social democracy. What does social the nation promote justice on a basis of democracy mean? It means a way of life, equal opportunity and in particular which recognizes liberty, equality and ensure that opportunities for securing fraternity as the principles of life. justice are not denied to any citizen by reason of economic or other disabilities. These principles of liberty, The Indian Constitution provides several equality and fraternity are not to be such provisions which try to achieve the treated as separated items in a trinity. goal of social justice in letter and spirit. They form a union of trinity in the sense that to divorce one from the other is to Dr.Ambedkar’s Perception of Social defeat the very purpose of democracy. Justice: These principles are fundamental rocks The name of B.R. Ambedkar has of just society order and were origin from become synonymous to justice. His name French Revolution. According to finds a very honored and prominent place Dr.B.R.Ambedkar, liberty has divided in the pantheon of the most illustrious into two categories namely Civil Liberty builders of modern India, his social and Political Liberty. Dr.B.R.Ambedkar’s background, bitter and heart rendering notions of civil liberty deals with three experience in life, his relentless struggle basic opinions are; Liberty of movement, against the caste-ridden Hindu society Liberty of speech and Liberty of action. the impenetrable citadel of conservatism, Civil liberties are often formally reaction, inequality, injustice and guaranteed in Indian constitution but exploitation - and his approach to men ignored in practice which came from Bill and affairs profoundly influenced his of Rights. Civil right is often used to refer socio-political approach which centers to one or more of these liberties or round justice very prominently. indirectly to the obligation of government to protect dalits from violations of one or Injustice is everywhere not only more of their civil liberties. western countries and India also. At present one of the contemporary issues is Hindu Temples continue to be that injustice and caste discrimination. spaces for oppressing and resistance and Dr.B.R.Ambedkar did a movement remain a major source of caste clashes in amongst marginalized communities. His southern district of Tamil Nadu. Dalits concept of justice generated from the are at the receiving and in issues like French Revolution of 1789. enter to temples and rights to participate Dr.B.R.Ambedkar’s perspective of social in festivals and they face stiff opposition justice is based on social democracy and attack from caste Hindus. It
www.ijar.org.in 41 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] highlights that dalit communities do not One Value which means the basic need of have accessing civil rights and they are each person are well satisfied with not allowed inside temples. Dalits have freedom and dignify. Uttar Pradesh little access to temples, kids made to sit former Chief Minister Mayawati said separately in schools. The National that‚ on the threshold of social democracy Commission for Scheduled Castes in and social harmony, solidarity and Chandigarh received 3 to 4 complaints cohesiveness are the trump cards of daily in this regard. success of a society and the country.
The Political Liberty consists in Ambedkar vision of Social Justice of the rights of the individual to share in relating to Women : the framing of law and in the making and Dr. B.R. Ambedkar, being a unmaking of governments. He believed philanthropic, kind and generous social that liberty is accompanied with social reformer was much moved with the and economic equality and there must be pitiable and pathetic condition and low knowledge (education) made available to status of women in society and he was a all. These liberties are restricted by old torch bearer in the direction of social Hindu social system but these are the uplift of women generally and Hindu part of the human liberty to crate just women specially. Dr.Ambedkar chooses social order. Dr.B.R.Ambedkar gives his social reform approach only after answer is that‚ fraternity means a sense understanding the reality of the status of of common brotherhood of all Indian, all women. Indians being one people. It is the principle which gives unity and solidarity Dr. Ambedkar was of the opinion to social life. that the Hindu women are tied up with bandage of superstitions which they can He believed that democracy offers till their death. They are also responsible every individual achieve social equality, for inculcating these wrong notions economic and political justice guaranteed learnt by them through baseless in the preamble of the constitution. traditions and preaching of the Shastras Liberty, equality and fraternity should be in the budding mind of their off spring. the only alternative to abolition caste Otherwise also the women in India have society. He argued that‚ liberty cannot be remained a matter of joy and a source of divorced from equality; equality cannot amusement at such she was used and be divorced from fraternity. With misused by men guest to serve their evil equality, liberty would produce would kill ends. She has been used just like a individual initiative. Without fraternity, machine for procreation. It has also liberty and equality could not become a mentioned in Hindu Shastras that natural course of things. It would require women is the bond slave of her father a constable to enforce them. We must when she is young to her husband when begin by acknowledging the fact that she is middle aged and to her son when there is completes absence of two things she is mother. in Indian society. One of these is equality. Political democracy gives equal rights for The reforms introduced by everyone which assures legal provision to Dr.Ambedkar through ‘Hindu Code Bill’ One Man all. Dr.B.R.Ambedkar believed have been adhered to and have been
www.ijar.org.in 42 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] accepted by and large. He by codifying spiritual potentiality by the Brahmins Hindu law in respect of marriage, divorce but she was also declared to be barren of and succession, rationalized and restored any spiritual potentialities. the dignity to women. It is needless to say; the Bill was a part of social According to Dr.Ambedkar, engineering via law, sharp criticism of women were treated as mere tools to bear this Bill in and outside the Parliament the burdens of the family, restricted to led many to belief that it might inflict the role of bearing children and fulfilling heavy damages on the Hindu society. duties of a wife or mother any. Division of labour is not in their favour, as a result Even the president Dr. Rajendra Indian women have lost their identity. Prasad got scared and issued a threat They have to face discrimination on that he would with hold his assent even it gender basis and because of this had been passed by the Parliament. availability of equal opportunity for Justice P.B. Gajendrgadkar while remains a dream of them. Poverty, congratulating Dr.Ambedkar for the role illiteracy lack of health and inequality of he had played in drafting and piloting the class of status and powerlessness, Bill said, “If Dr.Ambedkar gives us degradedness are associated with them. Hindus our code, his achievement would Weights of traditional attitudes that go down in history as a very eloquent regard them as physically, intellectually piece of poetic justice indeed”. The whole and socially, inferior to man subject them story of Hindu Code Bill presents the to male exploitation and unjustified determination of Dr.Ambedkar to bring division of labour. A society where about the changes in the society. He was women, i.e., the half of the population, the one who just not talked on things; but enjoy a low status of women in Indian really worked on them. His concern for society is primarily due to the fact that women is unquestionable. It is not wrong they have no control over material and to say he was a great feminist of his day. social resources. This is further Because women’s rights form a part of compounded by lack of participation human rights and Babasaheb Ambedkar opportunities in the decision making can rightly be termed as the champion of process of the family. it. Social Justice under the Indian Dr.Ambedkar says, to the women Constitution: education was denied by the Manu and The role played by Dr. B.R. he caused both an insult and an injury to Ambedkar, as Chairperson of the the women in India. It was an injury Drafting Committee of the Constitution, because without any justification she was has left it imprint on the social tapestry denied the right to acquire knowledge of the country after independence, and which is the birth right to every human shaped the socio-political fabric of India being. It was an insult because after today. It would have been a different denying her the opportunity to acquire India without him and, in all probability, knowledge she was declared to be allowed a much more inequitable and unjust one. Sanyas’ to take to ‘ which was regarded as He attempted to forge India’s moral and the path to attain the Brahmin. Not only social foundations a new and strove for a was she denied the right to realize her political order of constitutional
www.ijar.org.in 43 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] democracy that is sensitive to republic of India. The first task of the disadvantaged, inherited from the past or Assembly was to formulate the objectives engendered by prevailing social relations. and the guiding principles of Indian He became deeply aware of the resources Constitution. Therefore, the resolution of that history and culture offered for an the preamble and objective of the emancipatory project but argued that Constitution was discussed in the they can become effective only through Constituent Assembly for nine days from the matrix of the present. Dr. Ambedkar December 13 to 19 and January 20 and had the highest academic credential for 22 of 1947. an Indian of his time, and his erudition and scholarship have been widely Part III of the Constitution as acknowledged. Keeping in mind the fundamental rights is related to the social contribution of Dr.Ambedkar in shaping justice. The fundamental rights inculcate the Indian Constitution to achieve its the sense of reconstruction and foster basic objective of social justice. social revolution by generating equality The concept of social justice has amongst all, prohibiting discrimination been enshrined in the Indian on the grounds of Caste, religion, sex, Constitution. The fathers of the Indian creed, place of birth, abolishing Constitution had the dream of a new untouchablity and making its practice social, economic and political order, the punishable by law, banning trafficking in soul of which was social justice. human beings and forced labour. Dr.Ambedkar was the chief architect of Moreover, the Indian Constitution has the Indian Constitution. He was fully empowered the states to make special aware of the pattern and problems of the provisions for the advancement of any society and their conflicting interests. socially, educationally backward classes The Constitution is a monumental and also for the Scheduled Caste and example of social engineering. Social Scheduled Tribes. justice is not defined in the Indian Constitution but it is relative concept The important part of the Social taking in its wings the time and justice is the part IV of the Constitution circumstances, the people their as Directive Principles of state of policy. backwardness, blood, sweat and tears. Although this part of Constitution is not enforceable by any court. However the The Constitution of India brings principles laid down there are a renaissance in the concept of social nevertheless fundamental in the justice when it weaves a trinity of it in governance of the country and it shall be the preamble, the fundamental rights, the duty of the state to apply these and the directive principles of state principles in making laws. In this regard policies and this trinity is the “the core of Dr.Ambedkar Said “It is not the the commitments to the social intention to introduce in this part these revolution”. This is the conscience of the principles as more pious declarations. It Constitution. The preamble of the Indian is the intention of the assembly that in Constitution is the mirror of social future both the legislature and the justice. It provides social, economic and executive should not merely pay lip political justice to the citizen of service these principles enacted in this sovereign, socialist, secular, democratic, part but that should be made the basis of
www.ijar.org.in 44 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] all executive and legislative action that may be taken hereafter in the matter of Globalization in India means the governance of the country”. opening doors of our economy to the multinationals in the field of agriculture, The ideology of the Dr. Ambedkar industries, communication, influenced the Indian judiciary on the transportation, electricity generation and basis of this ideology Supreme Court of distribution and also education etc. India declared that Directive Principles of However, before opening the door of State Policy are enforceable with the economy to the multinational companies, fundamental rights. Court observed that one should know the fact that these the provisions in part III should be multinationals are not coming for charity interpreted having regard to the in India but to make profit by utilizing Preamble and the Directive Principles of our reserve resources, raw materials and the state policy. treasury. They are not concerned with our environment, infrastructure Social Justice in the context of development or to deliver social justice. Globalization: These are not in their policies and India is plural society, multi- programmes. Their programmes are to ethnic, multi-religious and multi- make exhaustive exploitation of natural linguistic for which democracy is most for resources on the cost of environment and balanced social and regional make them and their country rich. development. However, democracy cannot survive without social justice. The Scheduled Castes and Unfortunately, new economic policy or Scheduled Tribes are socially and globalization is bereft of human face, economically infirm and disabled even where man is treated as commodity and a today. There were provided person has to compete for the bread and Constitutional safeguards by providing business equally on the “Darwinian socio- reservation in services and posts. In economic order” i.e., struggle for private sector, there is no such existence and survival of fittest. Whereas concession. Therefore, government must democracy thrives on the co-operative take policy decision to provide spirit so that strong and weak could representation to Scheduled Caste and survive and co-exist together like tall Scheduled Tribes in “private sector” too; trees small bushes and grasses growing in this is must to provide social security to the same socio-ecological plain. them to protect their livelihood. Therefore, before implementing the new economic reform policies, it was essential The advocates of social justice in for the government to provide “social the independent India laid main security net” i.e., full job opportunities, emphasis on “individual” gain through education and medicare to weaker the policy of reservation in services and sections in general and Scheduled posts for the socio economic emancipation Castes/Scheduled Tribes in particular of Scheduled Castes and Scheduled who constitute two-third of India’s Tribes, which has been very short sighted population. But government did not pay vision because in government services, least attention on these important posts are very limited and that too needs human problems. hard competition. Those who are not able
www.ijar.org.in 45 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] to compete does not mean that they do rape of their women folk. Many people not feel hunger. According to the question, why do Scheduled Castes not available information, there are about 35 fight against such atrocities done to million people i.e., 3.5% of total them? How can they fight with empty population who are in job, which include stomach against feudal-land lords who private sector also. The reservation has are rich and resourceful, police and made Scheduled Castes and Scheduled courts are also hand in glove with them, Tribes and addict to power and pelt. therefore, the social justice still beyond Since reservation is not a permanent their reach even after 68 years of asset, it has to go in one day sooner or independence. The globalization is no later. Scheduled Castes are going to face way to help to Scheduled Castes and a great trouble during coming 10 years Scheduled Tribes. when country would be plunged into financial crisis, employment crisis and Conclusion: hunger, if they do not awake and prepare The fundamental meaning of this themselves fit for facing Darwinian socio- concept of “Social Justice” is to bring a economic order of tomorrow. just society. The main objective of this Conclusively reservation has not concept is to uplift the women, Scheduled served much purpose to alleviate the Castes and Scheduled Tribes in the poverty and living standard of Scheduled society and pull them to the main stream Castes because so far hardly 0.5 percent of the society. This concept also prevents of the Scheduled Castes out of 25 corers unjust enrichment at the cost of the of population have got regular job, the weaker sections. So far as Dr. B.R. remaining 99.5 percent Scheduled Caste Ambedkar vision of ‘Social Justice’ is masses are still reeling under ragged concerned, he is real earnest, sacrificed poverty, hunger, malnutrition and his whole life for the amelioration of the illiteracy because reservation is like a bag women, Scheduled Castes and Scheduled of sugar poured in the sea which cannot Tribes in the society. He strongly fought make the brackish sea water sweet. against the prevalent Caste system and Reservation thus has done little good by gender discrimination in the society and providing job opportunities to a handful ventured to secure social justice to these of educated elites, but political sections of the society. His struggle for reservation suppressed a great political social justice could be visualized in the revolution. After independence, India ideals and philosophy of the Indian received only political freedom “social Constitution. Thus, the Constitutional and economic freedom” was yet to be ethos of the social revolution running fought. Because feudal hijacked the through the ‘Preamble’, Fundamental economic freedom in their favour, fate of Rights and the Directive Principles Scheduled Castes remained hanging on expressly emphasize the establishment of the peg of reservation, so that neither an egalitarian social order and based on they should economically grow nor they human values of justice, Social, economic should revolt against the non-fulfillment and political, equality of status and of of social justice. Thus, social justice is not opportunity and fraternity assuring yet reaches to the Scheduled Caste people human dignity. Thus Dr.Baba Saheb in India even today who are subjected to Ambedkar created a social revolution by recurrence of killing, burning and gang awaking the women, Scheduled Castes
www.ijar.org.in 46 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] and Scheduled Tribes and breaking all 2. B.R. Ambedkar on “Pakistan or social values based on Hindu Social Partition of India” Vol 8. System. 3. D.C Ahir “The Legacy of Ambedkar”, In the era of Globalization, B.R. Publications, Delhi, 1990. liberalization and privatization, the concept of Social Justice has assumed a 4. D.D. Raphael, (1986): Moral greater significance. Many Multi- Philosophy, Oxford University Press, National Companies (MNC) by insisting New Delhi. for merit have discarded the concept of social justice. All MNC’s should be made 5. Dr. Ambedkar on women’s to work within the constitutional frame emancipation, Dr. B.R. Ambedkar work so as to ensure social justice to series Pub of Ambedkar Peeta, Scheduled Castes and Scheduled Tribes KSOU, Mysore, 2005. and women in India. For this the state should make various rules, regulations 6. Dr. Baba Saheb Ambedkar writings and procedures. Otherwise, the concept and Speechs. vol.17, part-3. of social justice remains only on paper not in practical. 7. D.R. Jatava, (1997): Social Philosophy of B.R.Ambedkar, Rawat In brief, it becomes essential to Publication, New Delhi. clarify the concept of justice and social justice. The concept of social justice is 8. Gopal Guru (1998): ‚Understanding best understood as forming one part of Ambedkar's Construction of National the broader concept of justice in general. Movement”, Economic and Political To comprehend it properly, we should Weekly, Vol. 33, No. 4, January 24-30. begin by looking at justice as a whole, and then attempt to mark off that division of 9. Gopal Guru (2002): ‚Ambedkar’s Idea justice which we call social justice. Today of Social Justice‛ in Ghanshyam Shah the country needs to restructure its (ed), Dalits and the State, Concept institutions, public and private, and the Publishing Company, New Delhi. societal behaviour both to build a new human society ensuring full justice to all, 10. Jadhav Narendra (1991): that we call social justice to all. ‚Neglected Economic Thought of Babasaheb Ambedkar‛, Economic and Political Weekly, Vol. 26, No. 15, April. References: 13. 1. A.M. Rajasekhriah, & Hemalata 11. J.S. Narayana Rao and A. Jayaraj (1991): ‚Political Philosophy Somashekar “B.R. Ambedkar is of relevance today” Shakthi Pub. New Dr.B.R.Ambedkar‛, The Indian Delhi. Journal of Political Science, Vol. 52, No. 3, July – September, 12. K.S. Kazeha, (1998): 1991. ‚B.R.Ambedkar; the Architect of the Constitution‛, in Shymlal & Sazena
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Good Society, Rights, Democracy and Economic Socialism
Dr. M. Bala Swamy, Hod of Economics, SKBR College, Amalapuram Dr. T.V.Ramana, Faculty Member, Dept. of Economics, Andhra University Campus, Kakinada. A P Abstract: The principles of liberty, equality and fraternity are not to be treated as separate items. Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Whit out equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things. It would require a constable to enforce them. Key words: Ideological Persuasions, democracy, socialism, Economic Socialism Introduction because his intellectual and political stances are devoid of consistency, Ideological Persuasions prefixing or although he derided it sometimes. This suffixing democracy or socialism are paper suggests that Ambedkar subscribed common in the intellectual market place, to a political order informed with rights, such as democratic socialism, socialistic democracy and economic socialism. A democracy, liberal democracy, Marxian good society cannot but be democracy a socialism and even Gandhian socialism, democracy informed with rights and there have been several attempts to hang socialism. In this connection, the relation an ideological name plate on Ambedkar, across them Ambedkar laid great stress particularly in the heyday of ideological on human agency and a strong state. polarization, which, one tends to think, is Rights : no longer trendy. Such a name plate was felt necessary, not merely to locate Ambedkar’s political order based Ambedkar’s richly and sometimes widely on rights has come to the universally scattered ideas and polemical stances but accepted following the French also for discerning, discriminating and Revolutions. It begins a free social order interpreting kindred and hostile in which the aim and object of the influences. More prominently, the individual becomes the growth of the political necessary of mobilization, individual and the development of his condition building and alliances personality. It place human person at the demanded it. Unlike Gandhism attempts centre of things. And he quotes the to prop up Ambedkarsim as a self- philosopher Jacques Martain as. contained ideology have been rare, although attempts at identity Human person is both a physical construction around Ambedkarism re and spiritual microcosm, subsistent in an widespread. independent manner, more a whole than a part; while being a minute fragment of However ideological naming of matter, he is at same time a universe; Ambedkar does not seem easy. It is not image of god; belongs to the order of
www.ijar.org.in 49 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] things naturally sacred. Those terms of Socialism : association among such human beings Mainly, Dr. Ambedkar has have to be based on liberty, equality and accepted the concept of class struggle, fraternity. although, he felt that in the Indian The right to equality occupies the context it had to be substantially central place in Ambedkar’s priorities. redefined, took over board the concept of Ambedkar acknowledged that men are social justice and similar agenda to the ‘born unequal’. He then argues that Buddha and agreed that one of the major equality may help the best to service the contradictions of capitalism was the best may not be fittest. Fraternity meant social basis of its production in contrast for Ambedkar ‘a sense of common to private appropriation. He criticized brotherhood, the principle which gives Marxism for subscribing to economic unity and solidarity to social life. In view determinism, for its inadequate group of of Ambedkar, liberty was the effective liberal democracy, for its inability to power to do specific things. He saw it as adequately understand the realm of basis of intellectual, moral, political and ideologies and for considering moral social progresses. values as historically conditioned. He found the existing socialism as far These principles of liberty, practiced too authoritarian and its equality and fraternity are not to be theoretical postulates did not allow it to treated as separate items. Liberty cannot subscribe to basic values constituting be divorced from equality; equality societies. However, Ambedkar was cannot be divorced from liberty. Nor can deeply dissatisfied with Nehru’s stance liberty and equality be divorced from on economy in the objective resolution. fraternity. Whit out equality, liberty And he suggested among other measures, would produce the supremacy of the few that the United States of India should over the many. Equality without liberty declare as follows: would kill individual initiative. Without fraternity, liberty and equality could not Key industries would be owned become an natural course of things. It and run by the State. would require a constable to enforce Basic industries would be run by them. the state or corporations One could illustrate this by established by the State. looking at one such document, the Insurance would be a State memorandum submitted by Ambedkar to monopoly. Every adult citizen the Minorities Committee of the Round would have a life insurance policy. Table Conference in November, 1930. In it he argued that the untouchables were Agriculture would be organized prepared to submit to majority rule under under the state co-operative certain conditions. sector with compensation to the owners. The co-operatives would Ambedkar initially suggested be organized with no regard to incorporation of certain socialist the caste of members. principles as integral to fundamental rights and was against Article 31 Ambedkarism agenda of state upholding the right to private property. socialism seems akin to the concept of
www.ijar.org.in 50 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] state socialism advanced by He finds that progressive Lenin following the Soviet Revolution. At constitutional reforms have been that juncture Lenin advanced the introduced in India and Indians argument that the immediate enemy of have shaped these constitutional the nascent socialism in Soviet Russia reforms to a great extent. was petty-bourgeois production. The diversity and plurality Ambedkar’s agenda mainly included both obtaining in India, he felt that agriculture and industry to be brought even small groups could find under the nationalized sector, which representation, limited though it would have been well nigh impossible might be, in the legislative bodies. given the kind of party that the Indian National Congress was on the use of A presidential form of democracy, independence. And he saw socialism as he felt, was likely to benefit the privileged one of the directions of the march of section with their capacity to net work Indian democracy, the other being over large part of the country. He did not retention of a regime of rights all support to make very sympathetic and through. He argued, we must not be decentralization of power. In fact, he content with mere political democracy, continued to believe although in a strong we must make one political democracy state. He felt that decentralization of cannot last unless there lies at that base power was more likely to benefit the of it social democracy. established vested interests of caste, community and class. Democracy: Negatively, he identified In Ambedkar ideological map, Brahmanism as upholding values hostile democracy occupied the central place. He to democracy, he fostered agitation defined at as a mode of associated living against it and suggested alternative ways which enables every human being to of looking at traditions, Buddhism and unfold his or her limitless potentialities conducive, to a democratic way of life, he to the maximum possible extent without challenged modern forms of in any way jeopardizing the equality authoritarianism, including Gandhi and legitimate interest and aspirations of the felt that they basically reinforced values other. and attitudes not conducive to democratic We often find Ambedkar temper. Positively, Ambedkar suggested repeating Lincoln’s formula of democracy the constitution of political power based i.e, rule of the people, by the people for on popular sanction with one man as one the people. Among the democratic forms, value, accountability of power under the he specially favored representative rule of law, majoritarianism with democracy and parliamentary democracy. appropriate protection to minorities, In defense of parliamentary democracy, education and organization of people for Ambedkar develops a set of interesting forceful but non-violent struggle and arguments are: developing values and attitudes in the family and institutions conducive to Indians have been exposed to democracy. Therefore, which he wanted parliamentary democracy democracy to work towards socialism he however limited.
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References : 1. B.R.Ambedkar, writings and speeches, vol.3, Part - II India and perspectives of Communism, P.P 95-96, Bombay, Govt. of Maharashastra. 2. B.R. Ambedkar “The Buddha and His Dhamma, Mumbai, Siddharth, 1974. 3. Writings and speeches, vol-13, p- 1216 4. B.R. Ambedkar, Communal deadlock and a way to solve it, Jullunder, Bheem Publiction, 1958. P.30. 5. B.R. Ambedkar, “Buddha and Karl Marx, writings and speeches, Vol.3, p. 451. 6. Nehru moved the objective resolution in the costituent Assembly on December 13, 1946, four days after its meeting. 7. See Lenin, Collected works, Vol.27, P.P.256-275. 8. Sukhadeo Thorat & Aryama (2007), ‘Ambedkar in Retrospect’ by Indian Institute of Dalith Studies, ISBN.81-316-0047-5. 9. Singh and singh, n.14.
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Ambedkar and Social Justice in Contemporary India
B. Subhashini , Lecturer in English, A.N.R. College , Gudivada – 521301 V. Rama Rao, Lecturer in Commerce, A.N.R. College , Gudivada – 521301
Abstract: The concept of social justice is removing inequalities and affording equal opportunities to all citizens in social, economic and political affairs. India is searching ways for a better and just socio-economic order. Recent trends in Globalization, Urbanization, Mobilization of the poor in search of better life conditions and social justice movements compel us to think afresh. Social justice is an application of the concept of distributive justice to the wealth, assets, privileges and advantages that collect within a society. It is a revolutionary ideal. It includes both the economic justice and social justice. It is unfortunate that even sixty years after independence social justice is still a distant dream. Social justice has a significance in the context of Indian society which is divided into Castes and Communities and they create walls and barriers of exclusiveness on the basis of superiority and inferiority such inequalities pose serious threat to Indian democracy. The Scheduled Castes, Scheduled Tribes and women had suffered for centuries without education and opportunities for advancement in life. If opportunities are not given to develop their neglected talents there will be social imbalance and tension resulting in disorder and disobedience to the rule of law. Social justice may be defined as “the right of the weak, old, poor, women, children and other under-privileged persons”. As Ambedkar was the chief architect of the Indian Constitution, he was aware of the pattern and problems of the Indian society. Ambedkar is also one of the supporters of social justice in modern India. According to Ambedkar, the term “social justice” is based upon equality, liberty and fraternity of all human beings. The aim of social justice is to remove all kinds of inequalities based upon caste, race, sex and power. The social justice brings equal distribution of the social, political and economic resources of the community. Key words: social, political and economic resources, Ambedkar, social justice
Narration within a society. It is a revolutionary ideal. It includes both the economic The concept of social justice is justice and social justice. removing inequalities and affording equal opportunities to all citizens in social, It is unfortunate that even sixty economic and political affairs. India is years after independence social justice is searching ways for a better and just socio- still a distant dream. Social justice has a economic order. Recent trends in significance in the context of Indian Globalization, Urbanization, Mobilization society which is divided into Castes and of the poor in search of better life Communities and they create walls and conditions and social justice movements barriers of exclusiveness on the basis of compel us to think afresh. Social justice is superiority and inferiority such an application of the concept of inequalities pose serious threat to Indian distributive justice to the wealth, assets, democracy. privileges and advantages that collect
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The Scheduled Castes, Scheduled measured by progress of women. Tribes and women had suffered for According to Ambedkar, women were centuries without education and treated as mere tools to bear the burdens opportunities for advancement in life. If of the family, restricted to the role of opportunities are not given to develop bearing children and fulfilling duties of a their neglected talents there will be social wife or mother any. Division of labour is imbalance and tension resulting in not in their favour, as a result Indian disorder and disobedience to the rule of women have lost their identity. They law. Social justice may be defined as “the have to face discrimination on gender right of the weak, old, poor, women, basis and because of this availability of children and other under-privileged equal opportunity for remains a dream of persons”. them. Poverty, illiteracy lack of health and inequality of class of status are As Ambedkar was the chief associated with them. architect of the Indian Constitution, he was aware of the pattern and problems of The preamble of the Indian the Indian society. Ambedkar is also one Constitution is the mirror of social of the supporters of social justice in justice. It provides social, economic and modern India. According to Ambedkar, political justice to the citizen of the term “social justice” is based upon sovereign, socialist, secular, democratic, equality, liberty and fraternity of all republic of India. The first task of the human beings. The aim of social justice is Assembly was to formulate the objectives to remove all kinds of inequalities based and the guiding principles of Indian upon caste, race, sex and power. The Constitution. Therefore the resolution of social justice brings equal distribution of the preamble and objective of the the social, political and economical Constitution was discussed in the resources of the community. Constituent Assembly for nine days from December 13 to 19 and January 20 and The contents of Ambedkar’s 22 of 1947. concept of social justice included unity and equality of all human beings, equal Dr. Ambedkar felt that social worth of men and women, respect for the justice alone could lead to social weak and the modest, regard for human harmony, social stability and patriotic rights, kindness, mutual love, sympathy, feelings. He brought dignity to the lives tolerance and charity towards fellow of the so-called untouchables what other being. He had deep faith in fundamental social and religious reformers tried and human rights in the equal rights of men failed to bring for centuries. He was one and women, in the dignity of the of the most educated persons of all individual in social economic justice in politicians of his time with multiple the promotion of social progress and degrees from India and Abroad and wrote better standards of life with peace and several books and articles to put forth his security in all spheres of human life. theories for the problems facing India at that time. Ambedkar had a great visionary, he always thought far ahead his The issues of social justice is contemporaries, he rightly identified that affected various developmental policy as the progress of the community is well as whole development of social
www.ijar.org.in 54 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] welfare programme. According to scientific and rational viewpoint led to Ambedkar, his Justice is based on moral corresponding changes in the social values and self respective. Justice thought process. Man was born free with situates through social, political and equal rights and dignity. Hence, all sorts economic justices which regulated by the of bondages imposed on him by society on Indian constitution. the basis of birth, colour, creed or sex must not exist. Even today the caste factor is dominant in every sphere of life of the Social Justice includes economic people of this country. Ambedkar’s justice. It is the virtue which guides us in struggle for Social Justice, both in pre- creating those organized human Independent India, and in Constituent interactions which we call institutions. Assembly and more importantly to Social justice is also equated with ponder over its continued relevance today equality, liberty and dignity which are is always an enriching exercise. At the essential for social justice. end of the nineteenth century, the term Ambedkar cited that “social justice” was used as an appeal to untouchability was unique in Indian the ruling classes to attend to the needs society. Even the British Government of the new masses of uprooted peasants had not done any good for improving the who had become urban workers. Social troubles of untouchables. They had also justice became a major concern in denied them the political rights. He said the early years of the twentieth century. that untouchables were: In the writings of most Socialized in such a way as to contemporary political philosophers, never to complain of their low social justice is regarded as an aspect status. of distributive justice and indeed the two concepts are often used interchangeably. Never allowed to dream of Social justice rightly understood is a improving their lot by forcing the specific habit of justice that is “social” in other castes to treat them with two senses. First, the skills it requires are common. those of inspiring, working with, and Made to think that they had been organizing others to accomplish together born so low that their fate was a work of justice. The second anything but irrevocable. characteristic of “social justice rightly understood” is that it aims at the good of Given to believe that nothing the society, not at the good of one agent could ever persuade them that only. Citizens may join together to start a they have the right to insist on school or build a bridge. One significant better treatment than that meted characteristic of this definition of the out to them. virtue of social justice is that it is Ambedkar never failed in ideologically neutral. highlighting that the untouchable was Social justice is a virtue and an attribute prohibited from using the public road. If of individuals.The roots of social justice some high caste man happened to cross lie in the thought process of him, he had to be out of the way and Enlightenment. The development of a stand at such a distance that his shadow
www.ijar.org.in 55 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] will not fall on the high caste man. Social and economic inequities Helplessness made the untouchables live are arbitrary unless they like slaves in Hindu society. The charter are reasonably expected to be to of fundamental rights and the Directive the advantage of the Principles of State Policy sought to representative man in each incorporate the ideas of Human Rights in income class. the constitution of India. Inequalities are to attach to Ambedkar always felt bad about positions and offices equally the fact that because of the ignorance, open to all. innocence and utter submissiveness, the It is a fact that Babasaheb Dr. untouchables were suffering the Ambedkar did not propound any specific injustices. As they were not conscious of definition or theory of “Social Justice” the heritage acquired by the humanity per se. His thoughts are eloquently they made their position terrible, portrayed in his writings and speeches helpless, and therefore, they kept facing published posthumously. On the basis of the difficulties of food, cloth and shelter. these we can easily argue that Ambedkar In the midst of plenty, the untouchables has mentioned multiple principles for the remained poverty stricken. establishment of an open and just social Such kind of injustice prevailed in India order in general and Indian society in for centuries because according to particular. Therefore with the help of Ambedkar the untouchables lacked social these elements we can carve out a theory conscience. of social justice, what can then be then referred as Ambedkar’s theory of Social Plato defined social justice as, Justice. We can extract five basic “the principle of a society consisting of principles, from writings and speeches of different types of men… who have Ambedkar, through which justice can be combined the impulse of their need for dispensed in the society. These are: one another and their concentration on their combination in one society and their Establishing a society where concentration on their separate individual becomes the means functions, have made a whole which is of all social purpose. perfect because it is the product of image Establishment of society of the whole of the human mind.” based on equality, liberty and John Rawls set out a theory of fraternity. Justice as it applies to institutions and Establishing democracy- practices. It is based on the notions of political, economic and social. fairness and reciprocity. John Rawls developed the following principles of Establishing democracy justice: through constitutional measures. Each person is to have an equal right to most extensive basic Establishing democracy by liberty compatible with similar breaking monopoly of upper liberty for others. strata on political power.
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References: 1. Ambedkar, B. R, 1979, Dr. Babasaheb Ambedkar Writing and Speeches Vol. 1., Education Department, Government of Maharashtra, Mumbai. 2. Yadav, Shushma, 2006, Social Justice: Ambedkar’s vision, Dr. Ambedkar Studies Center Lecture Series-no.2, Dr. Ambedkar Studies Centre, Department of Sociology, Jammu. 3. A.M. Rajasekhriah, & Hemalata Jayaraj (1991): ‚Political Philosophy of Dr.B.R.Ambedkar‛, The Indian Journal of Political Science, Vol. 52, No. 3, July – September.
4. Social Philosophy of B.R.Ambedkar, Rawat Publication, New Delhi. 5. Ambedkar’s Idea of Social Justice‛ in Ghanshyam Shah (ed), Dalits and the State, Concept Publishing Company, New Delhi. 6. Novak, Michael, “Defining Social Justice,” First things, 108. December 2000, p. 11.
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Ambedkar and Social Justice in Contemporary India
Dr. K. Gowtam Kumar, Reader in IRPM, K.G.R.L. Degree College (A), Bhimavaram – 534202.
Abstract: Ambedkar felt that, if the lower strata of the Indian society which is interested in blowing up the caste system is educated, the caste system will be blown up. Giving education to those who want to blow up caste system will improve prospect of Democracy in India and put Democracy in safer hands. To him, it is very important to educate the poor masses and develop in them a genuine sense of political consciousness and constitutional temper. Their education means the maintenance of democracy and political order in peace and justice’. Key words: Democracy, political consciousness, constitutional temper
Introduction Ambedkar’s time denied equality by granting special privileges to Brahmins The life of Baba Saheb Bhimrao and other higher castes and denying the Ramji Ambedkar (14 April 1891 - 6 shudras the right to own property and to December 1956) is a saga of his rise from educate and protect them. They did not dust to glory and from the lowest social have liberty to read, write, worship and hierarchical order to the position of the also to pursue a vocation and own ‘architect of Indian Constitution’ for property. In the absence of freedom and which the University of Columbia equality, the social system encouraged conferred on him the degree of LL.D confinement and compartmentalization. (honoris causa) in 1952. It also provides As a result, there was complete absence insight into his long and often bitter of fraternity besides equality and liberty - struggle for breaking the tyranny of caste the trinity which constitute social justice in Hindu society and raising the position in the views of Dr. Ambedkar. He firmly of the down-trodden. believed that justice couldn’t be conceived Ambedkar and Social Justice in absence of any of the three. Dr. Ambedkar’s vision of Social In this special commemorative Justice emanates from his quest for a volume of ‘World Focus’ on Dr. B. R. ‘Just Society’, which is based on the idea Ambedkar & Social Justice: National and of a casteless society. It was his constant Global Perspective, an effort has been search for a just social order, incredible made to explore Dr. Ambedkar’s ideas for hard work and unflinching belief in self bringing out the essence of his visionary help and self dependence that look him to conceptualization of social justice and the infallible heights where he had to be their relevance in contemporary national acknowledged and recognized by one and and global scenario through an analysis all as the crusader against the social evils, of his various theoretical propositions, the liberator of the down trodden and which are dispersed in his writings on also the architect of the Indian caste system, Hindu social order, Constitution. The Indian society of Dr. equality, liberty, fraternity, human
www.ijar.org.in 58 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] rights, social democracy, law, religion, the Social justice – a categorical State and the minorities. The aim is to imperative for establishing social locate these ideas on a systematic terrain harmony can be achieved only by a as well as to critically assess them in the general development and empowerment contemporary context. of the masses of the underprivileged and deprived sections of our society, the Recalling Dr. Ambdekar’s poorest of the poor as they are. For this, struggle for Social Justice, both in pre- jobs and education are extremely Independent India, and in the important as Ambedkar Constituent Assembly and more emphasized. But, for justice Krishna importantly to ponder over its continued Iyer, equality and homogeneity – the two relevance today is always a rewarding pillars of social justice would remain a far and satisfying exercise. A modest effort cry if the landless Dalit is not given land, has been made here to put together the the penniless pariah is not given immensely relevant yet highly opportunity to start small scale factories, comprehensive views of Dr. Ambedkar the bonded woman is not liberated from has brought out by the contributors to servitude so as to enable her to pursue a this volume so as to construct his vision vocation and the Dalit youth, often of social justice in the contemporary illiterate and disorganized and drawn national and global perspective. into delinquent and destitute situations, The road to social justice in the are given effective opportunities to enter opinion of Ambedkar was to be led by the professional echelons and public education. He firmly believed in the services in large numbers. efficacy of education as a panacea for the Regarding Indian society, social evils and injustice because the Ambedkar felt that, if the lower strata of problem of social injustice in India is not the Indian society which is interested in only economic but also cultural. Here, it blowing up the caste system is educated, is not enough to house the the caste system will be blown up. Giving untouchables/deprived sections of society, education to those who want to blow up feed them and then leave them to serve caste system will improve prospect of the higher classes as was the ancient Democracy in India and put Democracy ideal of this country. It was even more in safer hands. To him, it is very necessary to remove from their important to educate the poor masses and minds/psyche that feeling of inferiority develop in them a genuine sense of which has shunted their growth and political consciousness and constitutional made them slaves others and to create in temper. Their education means the them a consciousness of significance of maintenance of democracy and political life for themselves and for their country order in peace and justice’. He thought of which they have been cruelly robbed so highly of education that in his tri- by the Indian social order. Ambedkar worded slogan – Educate, organize, and was convinced that nothing could achieve agitate, he gave top priority to it. this better than the spread of higher education and the fact remains as true in Ambedkar fought against caste present times as it was when Ambedkar and injustice. He struggled hard to wrote. create human rights. He wanted to vitalize the conscience of the people and www.ijar.org.in 59 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] to mobilize the masses in India, for equal human rights. His ultimate aim of life was to establish a real social democracy. To him, ‘A Democratic form of Government presupposes a Democratic form of Society. The formal frame-work of Democracy is of no value and would indeed be a misfit if there was no social democracy’. The political leaders never realized that Democracy was not only a form of government; it was essentially a form of Society. Reference:
[1] Novak, Michael, “Defining Social Justice,” First things, 108. December 2000, p. 11. [2] J.S. Mill, Utilitarianism, Chapter 5. [3] Willoughby, Social Justice, p.7. [4] See, for instance, J. Rawls, A Theory of Justice, Cambridge, Mass: Harvard University Press, 1971, in which he talks indiscriminately about justice, distributive justice and social justice. [5] Michael Novak, op. cit, p.11. [6] See, for instance, J.Y. Calvez and J. Perrin, The Church and Social Justice, London: Burns and Oates, 1961, Chap. 6; and L.W. Shields, The History and Meaning of the Term Social Justice, Ph.D. Diss., University of Nottre Dame, Indiana, 1941, Chap. 3. [7] See for details, Miller David, Principles of Social Justice, Cambridge, Harvard University Press, 1999, pp.1-20.
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Human Rigths Under United Nations
Dr. G. Amrutavalli Tayaru, Lecturer in Sanskrit, SKSD Mahila Kalasala UG & PG (A), Tanuku
Abstract : The UN charter recognize that everyone has the right to lake part in the Government of his country directly or indirectly through freely chosen representative. Equality is the cornerstone of every civilized society which aspires to democracy, social justice and human rights. The United Nations charter was the first Global treaty which called for equality between women and men. This commitment was openly debated at the Global level in the quest for the full enjoyment by women of their human rights. Among the international human rights treaties, the Convention takes an important place in bringing the female half of humanity into the focus of human rights concerns. The spirit of the Convention is rooted in the goals of the United Nations: to reaffirm faith in fundamental human rights, in the dignity, and worth of the human person, in the equal rights of men and women. The Convention establishes not only an international bill of rights for women, but also an agenda for action by countries to guarantee the enjoyment of those rights. Key words: UN charter, human rights, equal rights
Introduction : country directly or indirectly through freely chosen representative. It has The UN charter, in its preamble, equalize the status of men and women in declared their faith m me fundamental the enjoyment and exercise of political human rights, in the dignity and worth of rights in accordance with the provision of human person in the equal rights of men the United Nations and of the universal and women and of nations large and declaration of human rights W omen small. The UN charter goes on to shall be entitled to vote in all elections on proclaim that one of the purposes is to equal terms with men without any achieve International cooperation in discrimination.1 Women shall be eligible promoting and encouraging respect for for election to all publicly elected bodies, human rights and fundamental freedoms established by national law, on equal for all people without distinction as to terms with men, without any race, sex, language or religion. The discrimination.2 They will be entitled to provision of the charter regarding equal hold public office and to exercise all right of women have been further refined public functions established by national and developed in a great number of law on equal terms with men without any International human rights instruments discrimination.3 by adopting International laws and Measures to Eliminate All Forms of treaties on women’s rights. The UN has set a common standard for measuring Discrimination Against Women how societies advance equally between The Convention on the men and women. The UN charter Elimination of all forms of recognize that everyone has the right to Discrimination against Women, adopted take part in the Government of his
www.ijar.org.in 61 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] in 1979 by the UN General Assembly, is Among the international human often described as an international bill of rights treaties, the Convention takes an rights for women. Consisting of a important place in bringing the female preamble and 30 articles, it defines what half of humanity into the focus of human constitutes discrimination against women rights concerns. The spirit of the and sets up an agenda for national action Convention is rooted in the goals of the to end such discrimination. United Nations: to reaffirm faith in fundamental human rights, in the According to the Convention, dignity, and worth of the human person, discrimination against women is “...any in the equal rights of men and women. distinction, exclusion or restriction made The Convention establishes not only an on the basis of sex which has the effect or international bill of rights for women, but purpose of impairing or nullifying the also an agenda for action by countries to recognition, enjoyment or exercise by guarantee the enjoyment of those rights. women, irrespective of their marital status, on a basis of equality of men and In its preamble, the Convention women, of human rights and explicitly acknowledges that “extensive fundamental freedoms in the political, discrimination against women continues economic, social, cultural, civil or any to exist”, and emphasizes that such other field.”: discrimination “violates the principles of equality of rights and respect for human By recognizing the Convention, dignity”. As defined discrimination is States commit themselves to undertake a understood as “any distinction, exclusion series of measures to end discrimination or restriction made on the basis of sex… against women in all its forms, including: in the political, economic, social, cultural, To incorporate the principle of civil or any other field.9 The Convention equality of men and women in their gives positive affirmation to the principle legal systems, abolish all of equality by requiring States parties to discriminatory laws and adopt take “all appropriate measures, including appropriate ones prohibiting legislation, to ensure the full discrimination against women; development and advancement of women, for the purpose of guaranteeing them the To establish tribunals and other public exercise and enjoyment of human rights institutions to ensure the effective and fundamental freedoms on a basis of protection of women against equality with men.10 discrimination; and The legal status of women To ensure elimination of all acts of receives the broadest attention. Concern discrimination against women by over the basic rights of political persons, organizations or enterprises. participation has not diminished since The Convention was the the adoption of the Convention on the culmination of more than thirty years of Political Rights of Women in 1952. Its work by the United Nations Commission provisions, therefore, are restated in on the Status of Women, a body article 7 whereby women are guaranteed established in 1946 to monitor the the rights to vote, to hold public office situation of women and to promote and to exercise public functions. This women’s rights. includes equal rights for women to
www.ijar.org.in 62 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] represent their countries at the ratified the Convention. Members of the international level." The Convention on Committee, who are persons" of high the Nationality of Married Women - moral standing and competence in the adopted in 1957 – is integrated under field covered by the Convention", serve article 9 providing for the statehood of for a term of four years and may be re- women, irrespective of their marital elected. The Committee can suggest status. The Convention, thereby, draws specific measures as well as make general attention to the fact that often women's recommendations to the States parties on legal status has Dscn linked to marriage, eliminating discrimination against making them dependent on their women. The Committee reports annually husband's nationality rather than on its activities to the General Assembly individuals in their own right. Articles through the Economic and Social 10, 11 and 13. respectively, affirm Council. women’s rights to non-discrimination in The Committee on the education, employment and economic and Elimination of Discrimination against social activities. These demands are given Women is the mechanism established to special emphasis with regard to the monitor implementation of the situation of rural women, whose Convention on the Elimination of All particular struggles and vital economic Forms of Discrimination against Women, contributions, as noted in article 14. its work in reviewing States parties' warrant more attention in policy reports and in preparing general planning. Article 15 asserts the full recommendations, and its contributions equality of women in civil and business to international conferences and other matters, demanding that all instruments events is essential to ensuring the directed at restricting women's legal enjoyment by women of their human- capacity “shall be deemed null and void”. rights. Finally, in article 16, the Convention returns to the issue of marriage and Women’s Human Rights family relations, asserting the equal The Platform for Action reaffirms rights and obligations of women and men that all human rights of women with regard to choice of spouse, throughout the life cycle- civil, cultural, parenthood, personal rights and economic, political and social, including command over property. the right to development - are universal, The Committee on the indivisible, interdependent and Elimination of Discrimination against interrelated, as expressed in the Vienna Women (CEDAW): Convened for the first Declaration and Programme of Action time in 1982, CEDAW is the treaty adopted by the World Conference on monitoring body for the Convention on Human Rights. The Conference the Elimination of All Forms of reaffirmed that the human rights of Discrimination against Women. It women and the girl child are an examines compliance with the inalienable, integral and indivisible part Convention’s provisions by States parties of universal human rights. The full and (currently 158). The Committee is equal enjoyment of all human rights and composed of 23 independent experts, who fundamental freedoms by women and are elected by those countries that have girls is a priority for Governments and
www.ijar.org.in 63 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] the United Nations and is essential for achieve equality between men and the advancement of women. They women. The ratification and specifically highlighted human rights implementation of all human rights violations, such as violence against treaties would thus directly assist in women, that are particular to women or promoting respect for women's rights. gender-specific, and made clear that Violence against Women women's human rights arc subject to violations in all spheres. Many women Violence against women both face additional barriers to the enjoyment violates and impairs or nullifies the of their human rights because of such enjoyment by women of human rights factors as their race, language, ethnicity, and fundamental freedoms. Taking into culture, religion, disability or socio- account the Declaration on the economic class or because they are Elimination of Violence against Women indigenous people, migrants, including and the work of Special Rapporteurs, women migrant workers, displaced gender-based violence, such as battering women or refugees. At present, three and other domestic violence, sexual mechanisms deal with women’s human abuse, sexual slavery and exploitation, rights as their primary concern: the and international trafficking in women Commission on the Status of Women, the and children, forced prostitution and Committee on the Elimination of sexual harassment, as well as violence Discrimination against Women and the against women, resulting from cultural Special Rapporteur on violence against prejudice, racism and racial women. discrimination, xenophobia, pornography, ethnic cleansing, armed conflict, foreign In recent years, the Commission occupation, religious and anti-religious on Human Rights has emphasized the extremism and terrorism are need to integrate the human rights of incompatible with the dignity and the women into the mainstream of the worth of the human person and must be United Nations human rights regime. In combated and eliminated. Any harmful accordance with the mandate, the United aspect of certain traditional, customary Nations High Commissioner for Human or modern practices that violates the Rights has the responsibility of protecting rights of women should be prohibited and the effective enjoyment by all of all civil, eliminated. Governments should take cultural, economic, political and social urgent action to combat and eliminate all rights.24 In his activities, the High forms of violence against women in Commissioner has given special private and public life, whether importance to promoting the equal status perpetrated or tolerated by the State or of women and respect for the human private persons. rights of women. The basic human rights treaties such as the International The primary victims of today's Covenants on Human Rights not only wars are civilian women and their contain anti-discrimination provisions, children, not soldiers. The use of rape as but also identify areas of specific gender a weapon of war has become more discrimination that require that States evident. In Rwanda from April 1994 to parties enact legal and administrative April 1995, estimates of the number of measures, including affirmative action, to women and girls raped range from 15,700
www.ijar.org.in 64 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] to over 250,000. Worldwide, 20 to 50 per has been formed and a $ 1.6 billion six- cent of women experience some degree of year programme has been launched to domestic violence during marriage. Each fight violence against women. In Japan, a year an estimated two million girls suffer Council for Gender Equality has been set the practice of female genital mutilation. up to formulate long-term policies on gender. Cote d’Ivoire has set up a bank to The issue of violence against extend credit to women. Many countries women and girls must be considered one have adopted legislative measures to of the greatest challenges in the coming protect women’s rights decade. Violence against women exists in epidemic proportions in many countries The required policy framework around the world. In surveys conducted for gender equality and empowerment of in various countries, between 10 and 69 women is already in place; it is not more percent of women reported having recommendations that we need. The experienced domestic .violence. By Platform for Action contains many region, 10-35 percent of women in Latin critical commitments which have yet to America and 13-45 percent of women in be implemented at national level. In most sub-Saharan Africa have experienced cases the legislative changes, policies, physical intimate partner violence at programmes and activities which are some time in their lives. Non-intimate needed to ensure full implementation of partner sexual violence also shows high the goals of the United Nations on gender global prevalence, with at least one in five equality and the empowerment of women women suffering rape or attempted rape are already well known. during her lifetime. Worldwide, it is References : estimate that violence against women is a serious a cause of death and incapacity 1. The convention on political rights among reproductive — age women as is of women ratified by the General cancer, and it is a more common cause of Assembly resolution 640(vii) of 20 ill-health among women than traffic December 1952, Article 1. accidents and malaria combined. The 2. Ibid; Article 2 disempowering effects of violence against women are enormous. 3. Ibid; Article 3 Making progress since the 4. Indeed, it had not been a foregone womens conference, several countries conclusion, that the Universal have followed up their commitments with Declaration would include the right concrete measures to advance the status to the equal enjoyment and exercise of women, examples of some recent action of rights by women as well as men; include: Latin American women leaders, such as Bertha Lutz, struggled Canada has introduced budgetary alongside Elecanor Roosevelt to reforms benefiting women. Mexico has ensure women were written in, approved a national programme for rather than out, from the beginning women to promote equality. China is of the post 1945 human rights providing practical training to 10 million regime. women in poor areas. In the USA, the president's interagency council on women
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5. There are innumerable titles from Center for International Education, this period, but the chief stimulus University of Massachusetts, 1979. was Ester Boserup, Woman's Role 18. Hall, C Margaret, Women and in Economic Development (New Empowerment: strategies for York; St Martin's Press, 1970). increasing Autonomy. Bristol: 6. The main non-governmental body Hemisphere, 1992. monitoring the convention is the 19. Friedman, John. Empowerment: international Women’s rights The politics of Alternative action watch (IWRAW), published a Development. Cambridge: monthly bulletine outlining case Blackwell, 1992, law on developments worldwide. 20. Moser, Caroline O.N. Gender 7. According to the annual review of Planning and Development: Theory its status published by Andrew , Practice, and Training. London: Byrnes, the Women's convention is Routledge, 1993. subject to more reservation than any other, and the UK has entered 21. Schuler, Margaret A., and more than any other country Sakuntala Kadirgamar CEDAW annually repeats the Rajasingham (eds.). Legal Literacy : urgent necessity for governments A tool for Women's Empowerment. to lift these reservations to ensure Washington, D.C. OEF that its spirit and function are International, 2004. respected. 8. Human rights jurisprudence develop through the commonwealth, for example failed to make more than a footnote reference to the convention. 9. Convention on the elimination of all forms of discrimination against woman, UN General Assembly 1979 Article 1 . 16. Morgen, Sandra, and Ann Bookman. “Rethinking Women and Politics: an Introductory Essay.” In Ann Bookman and Sandra Morgen (eds.), women and the Politics of Empowerment. Philadelphia: Temple University Press, 1988, pp. 3-32. 17. Kindervatter, Suzanne, Nonformal Education as an Empowering Process with Case Studies from Indonesia and Thailand, Amherst:
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Human Rights in a Third World : an overview
Smt. K. Syamala Devi, Lecturer in Hindi, SKSD Mahila Kalasala UG & PG (A), Tanuku
Abstract : The present essay is an attempt at examining the concept and perspectives of human rights since the inception. An attempt will be made to trace the philosophical foundation of human rights since the days of Plato to the present and provide a perspective for the twenty-first century in the light of Third World experience. Therefore, the second section will deal with the history of human rights thinking. This will provide us with the insight about how human rights have been akin to the inherent desire for a dignified existence of human beings in the society. The third section will deal with human rights and democracy. In this section we will examine how. over the centuries, the quest for dignified living has led to the evolution of a system called democracy that can enable every body to live equitably and with dignity. The fourth section will deal with the problem of enforcing human rights in the context of third world societies. The final section will provide some concluding remarks. The essay, however, will be impressionistic in analysis. Key words: protect human, exploitation, Philosophers
Introduction preeminent place not only in the social science literature but also in the society Since the dawn of civilization in general. Of late, the study of Human there has been some concerted effort to Rights has come to reckon itself as a protect human beings from exploitation. separate discipline in Social Sciences.4 Philosophers have attempted to articulate these protection mechanisms One element that is central to the in the light of their ideas. In fact, the concept of protection of individuals is the whole intent and purpose of human extent of state activity vis-a-vis thinking is to provide protection to individual. The relationship between individuals from the rapacity of human state and individual provides the key beings. The middle of twentieth century, basis for the protection of individuals and however, has witnessed a momentous their rights.5 The growth of social science, change in the development of protection ever since the days of Sophocles (495-406 of individual in various shapes and B.C.), has been focused on finding some shades.1 The present century has further balance between the state and individual. vindicated the need to strengthen such Successive Junkers have tried in their protection due to the massive own ways to ensure protection to development in the realm of science and individuals from the exploitation by the technology that emaciates common ruler, notwithstanding whatsoever power people and makes power wielders more they might entrust to the ruler for powerful.2 In this context, the growth of ensuring stability and security. This the concept of Human Rights provides a century, however, has reached the fundamental basis for the sustenance of a culminating point where democracy is the harmonious living of individuals in the bye-word and human rights have become society.3 This has come to occupy a synonym of democracy.
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The present essay is an attempt strengthen these rights, but dictatorial at examining the concept and regimes also have come to accept certain perspectives of human rights since the inalienable rights for their citizens that inception. An attempt will be made to were nonexistent in the middle-ages. The trace the philosophical foundation of later part of 20th century, however, human rights since the days of Plato to witnessed a tremendous growth in the the present and provide a perspective for clamor for democracy and human rights. the twenty-first century in the light of Following decolonization and the Third World experience. Therefore, the emergence of more number of nation second section will deal with the history states, democracy and human rights of human rights thinking. This will gained wider currency. In the colonial provide us with the insight about how times and before, democracy was human rights have been akin to the prevalent in the western societies. inherent desire for a dignified existence Human rights came into existence in its of human beings in the society. The third first generation as a result of the section will deal with human rights and elimination of authoritarianism and democracy. In this section we will adoption of democracy.11 The present examine how, over the centuries, the century, in fact, has to celebrate the quest for dignified living has led to the demise of authoritarianism and the evolution of a system called democracy onward march of democracy and human that can enable every body to live rights. equitably and with dignity. The fourth Today human rights have crossed section will deal with the problem of the frontiers of the nation state and have enforcing human rights in the context of assumed international dimensions. With third world societies. The final section the increasing democratization of the will provide some concluding remarks. international system and greater The essay, however, will be involvement of non-nation state actors, impressionistic in analysis. there is a greater credence to human Human Rights and Democracy rights. The evolution of democracy and The most important aspect of the human rights has been in tandem 21st century democracy is that it is no though, the two seem to compete and longer restricted itself to the political compliment with each other in ensuring aspect of the society. It has spawned into freedom to individuals. The history of the other areas with greater force, mainly evolution of human rights is the history economic and cultural aspects. With the of the growth of democracy in the world. erosion of nation states and rise of While democracy has been the multinational institutions in the arrangement to enable individuals to economic, social, cultural and security enjoy human rights, lately human rights sphere, human rights have become key became a universal principle, components for the sustenance of liberal notwithstanding whether it is a democracy. The rights of individuals are totalitarian or democratic society. ensured not only through nation states Individuals have come to enjoy specific but due to the entrenchment of rights that are inalienable. The multilateral institutions in these arrangement of democracy may societies. Here questions may be asked as
www.ijar.org.in 68 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] to the universal character of human democracy. In the march towards rights paradigm. Despite the development the biggest casualty is contributions from all spectrums of human rights. Despite the efforts by the humanity, there are still doubts about its international institutions and acceptance by everybody, both from the international community, there is a tardy western as well as eastern world. No growth in the advancement of human matter whatever differing perspectives rights in these societies. that might exist in the human rights Further, the emergence of paradigm there is a bottom-line, that international terrorism as a weapon to need to accepted by all. Democracy has gain political power by the disgruntled assumed a new dimension and so does elements in the developing societies of human rights in its own way due to the the east as well west has threatened the differing perspectives. prospects of human rights in these The challenge of this century, societies. There is also the increase in the however, is to make a balance between demand for self-determination by many the movement for human rights and the communities in many countries. These rise of international terrorism (Prabha, communities most often use violence to 2000; Chitkara, 2001). It is more so in the achieve their goals. There is a thin line of newly emerging societies. The wedge, however, dividing terrorists and compromise between providing security freedom fighters. In the case of the to the citizens and ensuring human former the fear and violence caused do rights has to be carefully guarded. The damage to the intent and purpose of the western societies have also witnessed the objective and ideology they pursue. In the crisis of democracy and human rights in later case too the method of violence for the context of the rising terrorism. the sake of self-determination also does Individual freedom is curtailed for the bring much harm to their goals and sake of state security. The measure of objective. This, in any case, brings a lot of curtailment may not be antithetical to damage. The regime in power takes the human rights paradigm, but there is advantage and engages in human rights greater degree of restriction today, than a violations for protecting its loyal citizens. few decades earlier. In this context, it is relevant that we discuss'1 human rights in third world countries in the next Besides the slow pace of growth section. of democracy and human rights in the Human Rights and the Third World third world societies, there is the problem of interpretation of the universal nature As the third world societies are of the western perspective of human embarking on the path of development, rights.13 Principally the problem emerges the process of democratization and from the use of the bogey of human economic growth seems to run counter to rights by the western powers to bully each other in most of the countries. third world countries. It is often believed There was a compromise of sorts in the that the rich countries use the human beginning of decolonization though. With rights violations as a pretext to further greater prosperity, however, there is an their economic ends. Still more increasing clamor for more freedom and interesting is that the western world is
www.ijar.org.in 69 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] unmindful of human rights abuses in political system is yet to be felt. There are those countries that cater to then many less-developed countries where economic and security interests. There paucity of resources makes it difficult seems to be a double standard in the use even to run the government, let alone of human rights as a weapon for enforcing human rights. These furthering liberal democracy. difficulties, however, do not make it an excuse for human rights violation nor do The fundamental issue that they entitle them to shy away from basic bothers the third world societies is that human rights obligations. Nevertheless, given the structural difficulties, too rigid these are some of the issues that stand in adherence to the western human rights the way of realizing the objective human programs would stifle the development rights paradigm in the third world process. Rigid adherence of human rights societies. pursuit in the third world countries also opens the floodgate for numerous groups Conclusion and communities to fight for separate The discussions in the previous political entities. In the name of self- section drive home the need to have a determination there would be chaos of new dimension to the discourse on sorts in these societies. The writ of the human rights. There is no doubt that the centralized state apparatus will erode and foregoing sections highlight the growth progress may be thwarted. The ultimate and development of the concept of human objective of freedom from want and rights since the ancient times till date. privation, which is the basic human Theoretically, there is a formidable rights concern, will be lost. This does not growth in the literature on human rights imply that the pursuit of human rights in though. They are based on western the third world should be abandoned institutions and structures. The altogether. Issues such as environment perspective is also western oriented, and labor standard in the context of third although they seem to characterize world situations would deprive the universality. The fundamental problem majority of people of the basic needs of with the so called universal nature of the livelihood. Poverty and unemployment human rights paradigm is that it is not make it difficult to conform to these sensitive to the third world issues. For newly emerging issues of human rights the west, it is human rights per se that is discourse. A middle path has to be found inseparable from modern polity. For the in order to ensure the basic needs of third world, however, development is the livelihood and minimum human rights main concern, although human rights for the citizens in the third world constitute an important aspect of it. societies. There are some compromises which need Another important dimension of to be reckoned when development is human rights pursuit in die third world blended with human rights. Eradication societies is the need of the growth of of poverty and unemployment are the key institutions and structures. There are elements of third world political process. some countries where the mechanisms For the sake of human rights people in for governance are still to be evolved. the third world can not remain deprived There are also some societies where the of their basic needs, which, of course, is writ of the government over the entire also one dimension of human rights.
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There is no denying that modernity 9. Kant, Immanuel (1991). Kant: renders harmonization of cultures. The Political Writings. In H. Reiss (ed.), challenge is, now, how to modernize the Cambridge: Cambridge University third world societies and at the same time Press. retain the respective cultural aspects. 10. Lassman, Peter (1992). "John This has a direct impact on the discourse Rawls: Justice and a Well Ordered on human rights. Thus, the human rights Society". In Leonard Tivey (ed.) paradigm needs a shift in its thrust to Political Thought Since 1945. accommodate the third world London. sensibilities. There is a need to recast the human rights paradigm to make it really 11. Mill, J.S. (1928). On Liberty, 'World universal in character. Classics', No. 170, Oxford. References : 12. Paine, Thomas (1992). "Rights of Man". In Gregory Clayes (ed.), 1. Alam, Aftab (2000). Human Rights Cambridge: Hackett Publishing in India: Issues and Challenges. Company. Delhi: Raj Publication. 13. Pamaik, Jagdish Kumar (2001). 2. Arendt, Hannah (1951). The "The International Regime: The Origins of Totalitarianism. New EU's Role in the Uruguay Round". York: Harcourt Brace quoted as International Studies, 38(2), April- Darren J. O. Byrne (2000), Human June. Rights: An Introduction. New Delhi: Pearson Education Limited. 14. Prabha, K. (2000). "Terrorism and Violation of Human Rights". In B.S. 3. Brownlie, Ian(ed.),(1992). Basic Waghmare, Human Rights: Documents on Human Rights. Problems and Prospects. Oxford: Oxford University Press. 15. Rawls, John (1971). A Theory of 4. Byrne, Darren J. O. (2000), Human Justice. Cambridge: Mass, Harvard Rights: An Introduction. New University Press. Delhi: Pearson Education Limited. 16. Shestack, Jerome J. (2002). "The 5. Chitkara, M.G. (2001). Human Philosophical Foundations of Rights: Commitment and Betrayal. Human Rights". In Janusz New Delhi: Kalyani Publishers. Symonides (ed.), Human Rights: Concept and Standards. 6. Cole, G.D.H. (1973). The Social New Delhi: Contract and Discourses. London: Rawat Publications. J.M .Dent.
7. Habermas, Jurgen (1990). Moral Consciousness and Communicative Action. Cambridge: Polity Press. 8. Johari, J.C. (1996). Human Rights and New World Order. New Delhi: Anmol Publications Private Limited.
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Electoral Reforms In India
Kum. K. Durga Prasanna, Lecturer in Mathematics, SKSD Mahila Kalasala Ug & PG (A), Tanuku
Abstract : Electoral reforms Have been an issue of intense debate in contemporary India, particularly in the last two decades. The recent growth in electoral malpractices and the fact that none of the serious proposals for electoral reforms have ever got implemented have kept the issue alive. This has been a cause for concern for the election authority, political parties and the public in general. In view of this, it is appropriate to examine the working, on the basis of experience, and ascertain the distortions and search for legal, administrative measures to eliminate them.
Key words: political parties, Electoral Law, Constitution of India
Introduction: Indian democracy better than many other institutions (e.g. the office of the Speaker, The Constitution of India the UPSC or middle rung judiciary). This provides for a permanent and is not to deny that there have been a independent body, the Election number of serious complaints of Commission of India, and vests in it the irregularities and partisanship involving ‘superintendence, direction and control of the Election Commission but merely to the preparation of electoral rolls for the recognise that the Election Commission conduct of all elections to Parliament and has norm or where corruption begins to the Legislature of every State and of from the top. The district and lower level elections to the offices of the President functionaries are, of course, a different and Vice-President’ (Article 324). The matter. In a number of States the Commission may have one or more than partisanship of the local functionaries has one member to be appointed by the become a regular feature. The paper President, i.e., the Executive. The Chief discusses the major areas of electoral Election Commissioner enjoys a reform, the measures taken by the constitutional protection in manner of Election Commission and various removal from the position, which proposals that have been put forth in requires parliamentary impeachment various forums for ensuring free and fair [Article 324(5)]. Apart from the elections and representatives of the Commission, the Constitution or the law- elected candidates. does not provide for any other permanent structure to administer the elections. Election Financing Administrative Officers at the State and In spite of the recommendations district level are assigned additional to curb the role of money power, the charge to Ibok after the elections; some of ground realities have defined a contrary them are temporarily deputed to the movement, especially as regards the Election Commission during the period of ceiling of expenditure. The Indian the general elections. In balance, this Electoral Law, under Section 77 of the semi-autonomous and technically weak Representation of the People Act, 1951, institutional apparatus has served the
www.ijar.org.in 72 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] requires that all candidates should the Act. In fact, under Section 77 of the disclose the correct account of all the Act, the election returns are to be filed expenditure incurred in connection with within 30 days of the publication of the elections and that they are bound to results. All accounts of election submit the accounts between the day on expenditure and other expenses are to be which they have been nominated for filed by the candidate with the concerned election and the day of declaration of the District Election Officer (DEO), as result thereof. Furthermore, Section stipulated under Rule 89(1) of the 123(6) of the Act defines incurring of Conduct of Election Rules 1961 and each excessive expenditure in elections as a District Election Officer is required to corrupt practice. It also lays down a limit send his/her report about the filing of on expenditure on elections. The spirit of such accounts to the Election the above section can further be seen in Commissioner's office. On receipt of this Section 78(1) of the Representation of the report from the District Election Officer, People Act, 1951. The maximum amount the Election Commission scrutinises the of election expenditure, which may be account. In cases of default, it issues incurred by the candidate in various notification to the candidates about their States, has been laid down under Rule 90 disqualification under section 10A of the of the Conduct of Elections Rules, 1961. Representation of the People Act, 1951, It specifies that mere non-disclosure of but before doing so, the Election expenditure is not a corrupt practice but Commission provides ample opportunity becomes so as it amounts to an to the candidates to represent their cases. expenditure in excess of the prescribed Valid for 3 years from the date of the amount and contravention of Section 77 order, the disqualification notification (1& 2) of the Representation of the under Section 10A has to be published in People Act, 1951, which falls within the the official gazette. In the final analysis, ambit of Section 123 Clause 6. one of the most pressing needs of Indian democracy today is a certain level of In addition, failure to furnish an institutionalised funding of elections. But account of election expenses within the this should, as far as possible, be in kind, time limit prescribed under Section 77(6) to assist better monitoring and of the Act, 1951 can lead to implementation. Furthermore, it should disqualification of membership to the be adequate, for its purpose would Parliament or State Legislature, which is otherwise be defeated; as, the main enforced by the President of India after purpose of state funding is not only to seeking the opinion of the Election reduce the cost of elections but also to Commission. The President here acts in curb illegal ways of political financing of his/her capacity of a constitutional elections, which are at present rampant. authority, to discharge constitutional In fact, state funding will certainly obligations. But, according to Section 10A ensure a healthy democratic functioning of this Act, the Election Commission of parties, however limited the extent itself has the right to disqualify a may be (Kumar, 1999). candidate, if it is satisfied that s/he has failed to submit an account of the Democracy within the Party expenses incurred within the specified While pronouncing his order in time limit and in the manner required by the Janata Dal symbol case on October
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16, 1994, the Chief Election unless its own internal organisation and Commissioner, T.N. Seshan, warned the functioning are fully democratic. The political parties that if they failed to hold provision of the respective party their organisational elections according constitutions must be strictly followed to their constitution, necessary action and elections to constitute various party would be initiated according to the bodies should also be held regularly. The Election Symbols (Reservation and dismal record of almost all our parties in Allotment) Order. Thereby their status of this regard dictates the need for being legitimate democratic parties could regulating and disciplining by enforceable be in jeopardy. Some of the political law with provision for deregistration of parties particularly the Communist defaulting parties. parties had reacted sharply and Criminalisation of Politics questioned the authority of the Chief Election Commissioner to interfere in Criminalisation of politics is one internal party matters. In any case, these of the most urgent issues for the parties, when in power, are not perceived Parliament to consider and legislate to as votaries of democracy and free tackle the problem. The Commission, in elections. The fundamental purpose of its declared statistics of August 1997, holding national elections is to find a set revealed that nearly 40 Members of the of persons who can represent the people, Parliament present were involved in make laws and govern the country criminal cases pending against them, democratically. Elections provide a whereas nearly 700 Members of the legislature and a government that are Legislative Assemblies, out of the 4072 representative and draw their legitimacy members, were involved in criminal casei from the consent of the people. and trials were pending against them (The Tribune, 21 Aug. 1997). The A necessary concomitant of Election Commission suggested a series representative democracy is the of steps including the filing of institution of political parties. After the declarations by political parties with the insertion of the 10th Schedule in the Commission that they would not field Constitution, political parties have also candidates and give tickets to those who received constitutional recognition. It is were convicted as criminals, even if usually the parties that fight elections imprisoned for a period less than five and even after the electoral battle is over, years for a cognizable offence, in any the roles of the government and the election. Another suggestion to enable opposition are assumed by the political the Commission to crack the whip was parties. Governments in our democratic that powers be given to it to de-recognise polity have got to be party governments. and de-register political parties, which The role of political parties in were found to field such convicts, who elections and thereafter certainly were imprisoned for five years or more, necessitates that any reforms in the as candidates for the Parliament or political system or in the electoral Assembly elections, after giving them an processes would have to start with the opportunity to be heard. The Commission political parties. No party should be felt that the nomination form should eligible to participate in the democratic contain a column seeking information if processes of the nation’s governance the candidate had ever been jailed and its
www.ijar.org.in 74 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] duration, criminal cases pending against conviction, the nature of offence, the the persons, and, if the person had been punishment imposed and the period of charge-sheeted for any offence. In the imprisonment, on a prescribed form (The event of any person providing false Indian Express, 29 Aug. 1997). information or suppression of any The Commission, in continuation information, not only should the election of its desire to curb the menace of be set aside, but it should be cancelled as criminalisation, recommended to the well, and the person should be punished Government sweeping changes in the with imprisonment up to 5 years or fine election laws, suggesting that a person or both. sentenced for more than six months In a significant order to curb the should be debarred from contesting in criminalisation of politics, the Election elections for a period of six years and Commission on 28th August 1997 passed above. It further suggested that by an order, which prohibited convicted clubbing Sections 8(1), 8(2) and 8(3) of persons, regardless of whether an appeal the Act, it would make it mandatory for a was pending in a higher court, from person convicted by a Court of Law and contesting elections. The Election sentenced to imprisonment for six Commission felt that though Section 8 of months or more to be debarred from the Representation of the People Act, contesting elections for a period totaling 1951 provided that any convict would the sentence imposed plus an additional stand disqualified from contesting six years (The Indian Express, 4 Sept. elections to the Parliament and 1997). Legislatures for six years, those on bail or Recommendations on Electoral with an appeal pending were being Reforms: The Law Commission and allowed to contest. The Commission had the Election Commission referred to Article 324 of the Constitution and judgements of High Courts (Madhya The Law Commission of India, in Pradesh High Court in the Purshottam its 170th Report, came out with several Kaushik v. Vidya Charan Shukla Case, proposals relating electoral reforms, the Allahabad High Court in Sachindra which are worth considering. One of the Nath Tripathi v. Doodnath Case and the proposals relate to the introduction of the Himachal Pradesh High Court in Vikram List System to cover the 138 additional Anand v. Rakesh Singh Case) on Section seats to be created in the Lok Sabha, 8 of the Representation of the People Act. taking its total strength to 688. The It had directed the States, Union suggestion made was to allocate the 138 Territories and Chief Electoral Officers seats to various States or territorial units that disqualification of candidates under and fill them from previously published section 8 of the Representation of the lists of candidates nominated by People Act would commence from the recognised parties, in proportion to the date of conviction, irrespective of whether total number of votes polled by each the person was out on bail. The Election party in a State/territorial unit. The Commission had asked the Returning object was twofold: (a) to secure Officers to get affidavits from candidates representation for a party which secures mentioning whether they were convicted a large number of votes, but fails to win a by a court of law, beside the date of proportionate number of seats and (b) to
www.ijar.org.in 75 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] enable eminent persons who do not like by a criminal court for any of the to contest to be thus elected. specified offences, the accused should remain disqualified till s/he is acquitted. It is not uncommon that a party The Election Commission holds the same secures a large number of votes polled in view. There are few connected a State but still does not win a single seat suggestions aimed at checking the entry in the general election. The List System of criminals into Legislatures, which are helps such a party to some extent. It will good but not sufficient. benefit the leading parties, more than the smaller ones. Although the List System is The need for a law mandating the desirable, the suggestion to increase the political parties to maintain regular strength of the Lok Sabha needs to be accounts of income and expenditure and carefully considered. have them audited every year .and to have an authority to oversee the The Law Commission's functioning of every political party has suggestion for amending the Tenth been long felt. In 1994, the Justice V.R. Schedule of the Constitution to Krishna Iyer Committee suggested a law checkmate unprincipled defections and for the regulation of political parties. The desertions under the guise of a 'split' is Supreme Court has, in several decisions, most welcome. The Commission suggests pointed out the futility of prescribing a that once a candidate's elected to a party, ceiling on election expenses, without s/he will remain thus till the dissolution removing the existing loopholes in the of the House or the end of his/her law (Law Commission of India, 1988). membership and the concepts of 'split' and 'merger' should have to be given up. The Commission suggests the If one or more members decide to leave a deletion of explanation-I to sub section party and join another, they should (1) of Section 77, which permits a resign their membership of the House political party or any other person forthwith, and seek a fresh mandate on interested in a candidate to spend any the ticket of another party. Another amount of money on his/her election and suggestion that the disputes arising recommends the insertion of a new under the Tenth Schedule be decided by section, Section 78-A dealing with the the Election Commission under Article maintenance of accounts by recognised 103 or 192 as the case may be, and not by political parties. It favours a partial state the Speaker/Chairperson of a House is funding of the election expenses incurred equally good, as some of the Speakers by the parties and for this purpose have exercised their power under para 6 suggests the insertion of Section 78-B, of the Tenth Schedule in a partisan providing for the free supply of copies of manner. the electoral rolls, diesel and petrol and reimbursement of the expenditure on Yet another important suggestion microphones and loudspeakers. Although made by the Law Commission is the state funding to a much larger extent is amendment of the Representation of the desirable, financial constraints stand in People Act, 1951, which now provides for the way (Rap, 1998). disqualification on the grounds of conviction, for certain offences. The proposal is that on the framing of charges
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The Election Commission is in appointment, should be the same for the favour of the expenditure incurred by a Chief Election Commissioner and other political party to be included in the Election Commissioners. The Election election expenses of a candidate, for Commission reiterated and urged early purposes of ceiling on election expenses. action on the need to have an In fact, the Commission has been independent Secretariat on the lines of insistently pressing for such a reform, the Lok Sabha and the expenses of the right since the mid-seventies. The Commission should be 'charged' to the Supreme Court of India has also, time Consolidated Fund of India. and again, commented on the inadequacy The Election Commission of the existing provisions in this regard. reiterated its proposal that the The role of money power definitely, Commission should be specifically disturbs the level playing field in the empowered under the statute to frame election process between contesting rules for disciplinary proceedings and candidates and contesting political impose suitable penalties on Election parties. There is a great need to ensure Officers, who are on deputation to the that the role of money power in elections Commission and subject to its control, and in the election arena is curbed superintendence and discipline, if found significantly, if not, totally eradicated. guilty of acts of omission and commission The Election Commission is in favour of while performing election duties, as empowering itself to fix a ceiling on mentioned in Section 13 CC of the election expenses before every general Representation of the People Act, 1950 election. The Election Commission, which and Section 28 A of the Representation of is in touch with the ground realities, with the People Act 1951. the political system in the country and Government vs Election Commission with the elections and electioneering that takes place in various constituencies, is In an effort to curb the growing best equipped to fix a ceiling on election menace of criminalisation of politics, the expenses for various constituencies, Delhi High Court, in a landmark before every general election. In 1998 the judgement (November 2000 and as a Election Commission came out with a result of a Public Interest Litigation filed proposal that the procedural delay in by a group of committed individuals, invoking Section 8A, the automatic under the aegis of Association for disqualification of a person found guilty Democratic Reforms), has reinforced and of corrupt practices, should be plugged strengthened the Election Commission's through suitable amendments to the desire to cleanse the political system Representation of the People Act, 1951. ridden with criminal elements. The Court has asked the Election Commission of The Commission felt that Article India to inform voters about the criminal 324 of the Constitution should bi background of candidates contesting amended to provide that (a) there should elections to the Parliament and be a maximum of two Election Legislative Assemblies. The Court Commissioners, along with the Chief observed, "The Election Commission shall Election Commissioner; and (b) the secure to the voters information whether method of appointment and the a candidate is accused of any offence constitutional protection after
www.ijar.org.in 77 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] punishable with imprisonment"( pursuing serious electoral reforms. In the Judgement of the High Court of Delhi, absence of such initiative and vigour, the C.W.P. No. 7257 Of 1999, dated 02nd institution of civil society alone can bring November on Criminalisation of Politics). about a sea change by electing representatives whose efforts find Subsequently, the government fruition in validating a vivacious prepared a draft poll bill which when democracy (Kumar, 2002). passed by the Parliament could override the Election Commission's guidelines. Conclusion The draft bill is silent on the need for The Commission continues to candidates to declare their assets, carry forward the mantle of activism liabilities and educational qualifications. which it had donned during Seshan's era. This bill also provides for Among the notable achievements in "disqualification of those candidates recent times have been the raising of the against whom there are two separate expenditure limit to Rs. 15 lakhs for a criminal proceedings concerning heinous Parliamentary Constituency and Rs.6 offences charged by a court at least six lakhs for an Assembly Constituency, months prior to filing the nomination". It ensuring inner party democracy among further stipulates that a candidate will all the recognised political parties, issuing have to furnish information as to the order on breakaway factions and whether he/she has been accused of any awarding national and State recognition offence punishable with imprisonment to breakaway groups, effectively for two years or more in a pending case in enforcing the Model Code of Conduct, which a charge has been framed by a from the day of the announcement of the court. elections by the Election Commission, The bill is a complete dilution of barring the entry of criminals in the what the Supreme Court had electoral arena . It is, therefore, worth pronounced. In fact, the government was observing that the Commission has in the forced to come out with this draft bill last decade moved largely from being a (likely to be passed in the monsoon 'procedural' institution to a 'proactive' session), lest the Election Commission's one, thereby discharging the onerous guidelines which are far more stringent responsibility that has been entrusted to be implemented. It is thus perceived that it by the Founding Fathers of the though the ostensible purpose of the Constitution and the people of India. The legislation is to implement the Supreme role of the Election Commission of India Court judgement, there is reason to in conducting free and fair elections, has worry that the actual object of the become more crucial for the consolidation proposed law would be to dilute it in a of India's democracy. This could be manner which negates its impact. The realised by strengthening the hands of reform bill doesn't address many other the Election Commission and plugging issues such as election financing and those loopholes that permit the Executive corruption, anti defection laws, reforms to interfere with the working of the in electoral machinery, which have been Commission. An Election Commission long debated and call for urgent reforms. that is able to assert its role and stand up Unfortunately, the political elites don't to the political pressures exerted by the seem to be serious with the agenda for Government of the day would
www.ijar.org.in 78 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] significantly contribute to enriching the Jain, Kiran and P.C. Jain (1998). quality and content of Indian democracy. Chawla's Elections: Law and In the light of the four decades of Practice. New Delhi: Bahri experience and experimentation with Brothers. parliamentary democracy and with a view Kashyap, Subhash C.(1992). 'Urgent to strengthening the commitment of the Need for Electoral Reforms', system to democratic values and Monthly Public Opinion Survey, principles, a review of the organisation 37(10), July, p. 21. and functions of the Election Commission has today become necessary. Finally, the Kaviraj, Sudipta (1997). 'General success of the reform(s) would depend Elections in India', upon the working of and adherence to the Government and Opposition, system on the part of the electoral 32(1), pp.3-24. machinery at all levels – the political parties, the candidates and the electorate. An independent press and enlightened Kumar B. Venkatesh (1999). 'Funding of public opinion have no substitute and Elections (Case for their role is crucial in pushing through Institutionalised Financing)', reforms. Economic and Political Weekly, References 34(28), pp. 1884- 1888. Venkatesan, V.(1994) 'Positive Bill: For Basu, Abhijit (1994). 'Process of Elections Free', Frontline, Elections under Seshan', 11(24), December 2. Democratic World, 33(22), pp. 6-7. Venkatesh, V.(1996). 'Step forward: Baweja, Harinder (1994). 'Assembly Promise of Change in the Elections: Crisis on the Cards', Electoral System', Frontline, India Today, 19(19), October 15, 13(16), pp.29-30. pp. 114-5. Yadav, Yogendra (2002). 'Free and Fair Bhandari, Kusumlata (1988). Indian (EC shows the way in Gujuart)', Electoral Reforms. New Delhi: Times of India, August, p. 12. Election Archives, Butler, David (1991). India Decides Elections 1952-1991. New Delhi: Living Media India Limited. Ganesan, K. (1991). 'Making a choice: On Some Alternative Electoral Systems', Frontline, April 27 -May 10, pp.45-48. Gill, M. S. (1997). 'Role and Functioning of Election Commission of India', Indian Journal of Public Administration, 43(3), July - September, pp. 416-20.
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Indian Constitution and Ambedkar
Kum. S.Durga Bhavani, Lecturer in English, SKSD Mahila Kalasala UG & PG (A), Tanuku
Abstrct: The Constitution was designed to serve the needs of a modern society. It looked to the future rather than the past. Ambedkar did not wish to take India back to its past, but to take its place to the forefront of the comity of free and independent nations of the modern world. He felt the lack of a living democratic tradition in India. Indian society was not a society of citizens based on the equal consideration of individuals without regard for caste, creed or gender. To transform such society into one of citizens would be a very difficult task. The Constitution could provide a legal framework, but not sufficient condition for such a transformation. Ambedkar said that the principles embodied in the Constitution were the views of the present generation, and should not bind the succeeding generations. Key words: Ambedkar, Constitution, Drafting Committee
Ambedkar said that he came into the India and the architect of its present Constituent Assembly with no greater constitutional order. His observations on aspiration than to safeguard the interests constitutional morality, made at a critical of the Scheduled Castes. “I had not the juncture in India’s social and political remotest idea that I would be called upon life, were of the utmost significance not to undertake more responsible functions. only for the backward classes or the I was therefore greatly surprised,” he minorities, but for all Indians. said, “when the Assembly elected me to The Constituent Assembly met in an the Drafting Committee. I was more than atmosphere of great expectation. The surprised when the Drafting Committee country had attained freedom after a long elected me to be its Chairman”. period of colonial rule. And there were The Constitution of India had to meet great possibilities of constructing a new many competing claims and social order based on liberty, equality and demands. Linguistic minorities asked for social harmony. From being subjects of freedom of speech in the mother tongue an alien power, Indians had become and the redistribution of provinces on citizens in their own land. linguistic basis. Religious minorities The Constitution was designed to serve asked for special safeguards. The task the needs of a modern society. It looked was made harder by the turmoil of the to the future rather than the past. times. The Assembly met against a Ambedkar did not wish to take India backdrop of partition of India, food back to its past, but to take its place to scarcity, religious riots and refugee the forefront of the comity of free and resettlement. independent nations of the modern Ambedkar oсcupied a towering position world. He felt the lack of a living as a leader of the backward classes. But democratic tradition in India. Indian he was also one of the makers of modern society was not a society of citizens based
www.ijar.org.in 80 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] on the equal consideration of individuals and emergency should also be the last without regard for caste, creed or gender. weapon to use as it affects India’s federal To transform such society into one of feature of government. citizens would be a very difficult task.
The Constitution could provide a legal There are three types of emergencies framework, but not sufficient condition under the Indian Constitution namely- for such a transformation. Ambedkar said · National Emergency that the principles embodied in the · Failure of constitutional machinery in Constitution were the views of the states present generation, and should not bind · Financial Emergency the succeeding generations. National Emergency The Indian Constitution was created by Indians for India. That is why it has Article 352 of the successfully served the Indian people for Indian Constitution talks about the 70 years. It was not looked upon as national emergency. National emergency something dead and not adjustable to a is imposed whereby there is a grave changing situation. It has been amended threat to the security of India or any of more than 100 times. its territory due to war, external aggression or armed rebellion. Such Ambedkar spoke about possible dangers emergency shall be imposed by the to democracy India may confront in president on the basis of written request future. To maintain democracy the first by the council of ministers headed by the thing was to hold fast to constitutional Prime Minister. When they are satisfied methods of achieving social and economic that they are satisfied that there is an objectives. It means, he said, “we must eminent danger there of Every abandon the bloody methods of proclamation is required to be laid before revolution”. each House of Parliament, it will cease to Black law’s dictionary defines emergency operate after one month from the date of “as a failure of social system to deliver its issue unless in the meantime it is reasonable conditions of life”. The term approved by the parliament, the emergency may be defined as proclamation may continue for a period “circumstances arising suddenly that of 6 months unless revoked by the calls for immediate action by the public president. For further continuance of authorities under the powers especially emergency the resolution has to be granted to them”. Dr. B.R Ambedkar passed by either house of parliament by a claimed that the Indian Federation was majority of not less than two-third unique as during the times of emergency members of the houses. During the times it could convert itself into an entirely of such emergency the executive, unitary system. In India, the emergency legislative and financial power rests with provisions are such that the constitution the centre whereas the state legislature is itself enables the federal government not suspended. The union government acquire the strength of unitary under Art.250 of the constitution gets the government whenever the situation power to legislate in regards to subjects demands. During such urgent needs all enumerated in the state list. Except the pacific methods should be exhausted Art20 and 21 all the fundamental rights
www.ijar.org.in 81 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] are suspended. Under Art.359 the year the proclamation can only be president may suspend the right to move continued if the Election Commission to the courts for enforcement of certifies that it is not possible to hold fundamental rights during the time of election in the state or that territory. The emergency. National emergency has been consequences of state emergency areThe imposed thrice in the country- in 1962 at president assume all the executive power time of Chinese aggression, in 1971 of the state himself. during the indo-pak war, in 1975 on the The state administration runs by him or grounds of internal disturbances. any person appointed by him generally Failure of Constitutional Machinery the Governor. in State During such proclamation, the Article 256 talks about the failure of state assembly is either dissolved or constitutional machinery in state also suspended. But the MLA’s do not lose known as the President’s rule. If the their membership of the Assembly. president on Governor’s report or Parliament makes laws regarding the otherwise is satisfied that the situation state list. The parliament only passes has arisen that the government can’t be the budget for the state. carried in accordance with the constitutional provisions then, he may The High court of the state functions issue State emergency. President can independently. declare emergency either by the report of President also proclaims ordinances Governor or he himself is satisfied that in the state. the situation is such that the emergency has to be imposed. But at times, During the state emergency the Union President may declare emergency when a government has absolute control over the report is not received from the governor. state except the judiciary. If one looks at This was done by President the past instances of state emergency in Venkataraman in 1991 in the state of the country, three common grounds Tamil Nadu even though he didn’t emerge that have been invoked under receive a report from the governor. After Art.356- breakdown of law and order, the 42th Amendment of the constitution political instability, corruption and the state emergency was made immune maladministration. from judicial review. But later in the 44th In Rameshwar Prasad V. UOI (Bihar Amendment the legality of President’s Assembly Dissolution Case) it was held rule could be challenged. The proclamation relating to state emergency that the presidential proclamation shall be laid before each House of dissolving state assembly in Bihar under Parliament unless both Houses approve Art.356 was unconstitutional on extraneous and irrelevant ground. The it, the emergency shall cease to have court said that the state governor misled effect after the expiry of a period of two months. Further the duration of the centre in recommending dissolution proclamation can be extended to 6 of state assembly. In the historic case of S.R Bommai V. UOI, a full bench of the months each time by both Houses of Karnataka High court produced different Parliament passing resolution approving its continuance. Beyond the period of an opinion about the imposition of the
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President’s rule in Karnataka, while in the Constitutional Committee he gave a other states the court held that it was in shape to our country of a complete violation of the constitution and would Sovereign, Democratic and Republic have restored the original position. based on adult franchise. Baba Saheb Financial Emergency Ambedkar’s name will be written in golden letters in the history of India as a The president under Article 360 of the creator of social justice. This fact is constitution has the power to declare doubtless. He was not only the man of financial emergency if he is satisfied that age and builder of the Constitution but the financial stability or the credit of also the creator of social justice and India or any part of its territory is betterment of the downtrodden. He was threatened. It has to be laid before both one of the few sons in the History of the Houses of Parliament and ceases to India that he can be said to the gift of operate at the expiration of two months Indian freedom movement. If Mahatma unless meanwhile approved by the Gandhi gave direction and lesson of resolution of Houses. During the morality then Baba Saheb gave shape to operation of financial emergency, the social aspect without exploitation. In true executive authority of the union extends sense of the word, he gave democratic to the giving of directions to any state to and anti caste aim. He spent his whole observe certain specified canons or life for the betterment of the poor, financial propriety and such other exploited, untouchables and troubled directions that the President may find classes. Thus, Dr. Ambedkar’s necessary. The directions may include contribution to the Indian Constitution is reduction of salaries or allowance of those undoubtedly of the highest order. Indeed serving a state, of all those in connection he deserved to be called the “father or the with the affairs of union including judges Chief Architect” of the of high court and Supreme Court. There Indian Constitution. has been no occasion of financial References emergency in India. 1. AIR 2006 SC 980 Conclusion During the period of emergency for the 2. AIR 1994 SC 1918 execution of power there might be 3. In case of dissolution, fresh elections infringement of Fundamental rights of are held for constituting a new individuals, which are judicially granted legislative assembly in the state. by the Constitution of India. The validity of actions must be reviewed to deter 4. Those nine States include Rajasthan, political gains and give way to political Uttar Pradesh, Madhya Pradesh, interest. Despite abuse of powers of the Punjab, Bihar, Himachal Pradesh, emergency provisions still have an Orissa, West Bengal and Haryana. important role to play in the conditions 5. Those nine states include Uttar prevailing in India, though it still Pradesh, Bihar, Rajasthan, Madhya remains a controversial issue in the Pradesh, Punjab, Orissa, Gujarat, country. The contribution of Dr. Maharashtra and Tamil Nadu. Ambedkar in Indian Democracy is not to be forgotten. As a chairman of
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6. S. R. Bommai v. Union of India (1994). 7. Constituent Assembly Debates, Volume IX, p. 133 and 177. 8. Report of the Commission on Centre– State Relations, Part I, p. 165–180 (1988). 9. Constituent Assembly Debates, Volume X, p. 361–372. 10. Quoted from M V Pylee, India’s Constitution, S Chand, Fifth Edition, 1994, p. 280. 11. Constituent Assembly Debates, Volume IX, p. 105. 12. Ibid, p. 123. 13. Ibid, p. 547. 14. Ibid, p. 177. 15. The President’s Rule imposed in May, 1987 in Punjab was allowed to continue for five years under the 68th Amendment Act of 1991.
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Ambedkar and human rights and Dalit rights
Smt. G. Vijaya Ratna Kumari, M.A., B.Ed., JL in Telugu, A.P.Social Welfare Residential College for Girls, Balliparru, Pedana, Krishna Dist.
G. Ajay Varshi, I B.Tech, GITAM University, Visakhapatnam.
Abstract: He was also a true visionary and ‘one of the world’s greatest defenders and philosophers of human rights.’ Dr. Ambedkar is one of the world’s greatest defender and philosopher of human rights. He was a true visionary, contributing to a global evolution of this idea, to the legal enshrinement of rights, and to this day, he continues to inspire human rights defenders. His lifelong efforts to eradicate caste-based discrimination arguably count as his greatest achievement. Moreover, the language of ‘human rights’ was still in its infancy during his lifetime, even if the standards had earlier roots. First is the interdependence of human rights. A constant refrain in his writings is his call for ‘liberty, equality and fraternity’. Equality and non- discrimination are clearly at the core of his conceptual framework of human rights. Yet, in contrast to the use of these principles in the French and American declarations, Dr Ambedkar placed social and economic equality alongside political and civic equality. Key words: women in India, Equality, Dalit movement
Introduction : In an unassuming street of women in the Dalit movement has in London’s posh Primrose Hill, there is a been growing ever stronger, as has the buzz about a particular house that was voice of Dalit women in the women’s purchased last September by India’s state movement, both nationally and government of Maharashtra, and opened internationally. as a museum and learning centre by His birthday is widely celebrated in India, Prime Minister Narendra Modi. Its blue where he is best known for drafting the plaque reads: ‘Dr Bhimrao Ramji Indian Constitution, in which he Ambedkar, 1891-1956, Indian Crusader embedded several provisions for the for Social Justice, lived here 1921-22’. To protection of rights of the most Dr Corinne Lennox, he was also a true marginalised. His statue is dotted visionary and ‘one of the world’s greatest throughout the country but his defenders and philosophers of human leadership is most significant for the rights.’ Dr Ambedkar placed social and Dalits of India, who continue to occupy economic equality alongside political and the lowest rungs of Indian society despite civic equality. ’ He strived through the elevated heights to which Dr efforts, including his proposed Hindu Ambedkar, himself a Dalit, was able to Code Bill, to secure rights for women in reach. Dr. Ambedkar is one of the world’s India in areas such as inheritance and greatest defender and philosopher of divorce. Importantly, he was of course human rights. He was a true visionary, referring to all women, not just the contributing to a global evolution of this progress of elite women, approaching idea, to the legal enshrinement of rights, gender equality as he was from the point and to this day, he continues to inspire of view of Dalit women. Today the voice human rights defenders. www.ijar.org.in 85 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
Why call Dr Ambedkar a human putting our political democracy in peril.’ rights defender? Some might see him He was also critical of the efforts in narrowly as a defender of the rights of Communist states of the period in Dalits but not of human rights more supporting economic and social rights at broadly. His lifelong efforts to eradicate the cost of liberty. The global human caste-based discrimination arguably rights movement was dominated for count as his greatest achievement. decades by a focus on civil and political Moreover, the language of ‘human rights’ rights and only latterly brought economic was still in its infancy during his lifetime, and social rights more to the forefront of even if the standards had Earlier human rights advocacy. Dr Ambedkar roots. A proper examination of his was prescient in his recognition of the writings and his actions show, however, interdependence of civic and political that he was very much cosmopolitan rights with social and economic rights, in his philosophy of justice and in his even at a time when states were working legal and political work, which to divide these norms across the two demonstrate his support to norms international human rights covenants. embodied in universal human rights as Second, Dr. Ambedkar said, ‘I measure we have since come to know them the progress of a community by the To illustrate my point, I will degree of progress which women have highlight three key progressive strands of achieved.’ He strived through efforts, his thinking on principles of human including his proposed Hindu Code Bill, rights, and how this projected where the to secure rights for women in India in international human rights movement areas such as inheritance and divorce. would go in the decades to follow Importantly, he was of course referring to
all women, not just the progress of elite First is the interdependence of human women, approaching gender equality as rights. A constant refrain in his writings he was from the point of view of Dalit is his call for ‘liberty, equality and women. The recognition of inequalities fraternity’. Equality and non- within the international women’s discrimination are clearly at the core of movement itself is still something that we his conceptual framework of human are grappling with, and which came rights. Yet, in contrast to the use of these relatively late to the gender equality principles in the French and American debate. Emphasis on the concept of declarations, Dr Ambedkar placed social ‘intersectionality’ in gender and economic equality alongside political discrimination is also fairly recent. and civic equality. Today the voice of women in the Dalit For example, as India became an movement has been growing ever independent state, he said, ‘On the 26 stronger, as has the voice of Dalit women January 1950, we are going to enter into in the women’s movement, both a life of contradictions. In politics we will nationally and internationally. For have equality, and in social and economic example, Asha Kowtal, general secretary life we will have inequality. How long of the All India Dalit Mahila Adhikar shall we continue to deny equality in our Manch (All India Dalit Women’s Rights social and economic life? If we continue to Forum, or AIDMAM), led a group of Dalit deny it for long, we will do so only by women on a US tour last autumn, www.ijar.org.in 86 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] bringing attention to the egregious could be a rallying cry for human rights human rights violations faced by Dalit defenders everywhere. women, and connecting with others in References : the global movement, such as the women leaders of Black Lives MatteA Dr Babasaheb Ambedkar: Writings and Speeches, 16 volumes, 1979-98, Mumbai: Third, Dr Ambedkar was visionary in his Department of Education, Government of understanding that democracy alone is Maharashtra. not a guarantee for the protection of the rights of minorities. He attempted to Dr. Jatava, Ambedkar and Humanity build into the constitution several Jaipur: ABC Publishers, 1999. protections for different minority groups Extracted from the statement of Dr. B.R. in India (as later detailed along with Ambedkar which is made to present to other minority rights proposals in his First Round Table Conferences held on ‘States and Minorities’ (1947). Many of 20 November 1930. his efforts in this regard were blocked, including by Gandhi, pushing him to Rodrigues, Valerian (eds), The Essential settle only for reserved seats for Dalits in Writings of B. R. Ambedkar. New Delhi: government under the Poona Pact Oxford University Press (2007). (1932). This is still an area of human Round Table Conference, First Session. rights where there is a great deal of 12.1 1.1930 to 19.01.1931, Proceedings, misunderstanding of how protecting pp-123-129. minority groups from discrimination through various tools, such as affirmative Sanjay Prakash Sharma, Dr. B.R. action ‘reservations’ used in the public Ambedkar-A Crusader of Social Justice, sector in India today, is essential to New Delhi RBSA, Publishers (2003). members of those groups fulfilling their V.A. Pai Panandiker, ed., “The Politics of human rights. Far from being a privilege, Backwardness: Reservation Policy in these measures are a basic tool for India”, New Delhi: Konark Publishers achieving substantive equality in the face Pvt Ltd, (1997), at p 94. of discrimination. In the words of Dr Ambedkar, ‘Discrimination is another Dalits, Dr Bhimrao Ambedkar, human menace which must be guarded against if rights, Indian Institute of Dalit Studies. the fundamental rights [of the Indian Constitution] are to be real rights’. Conclusion: The global Dalit movement continues to strive towards these aims in their struggle to eliminate caste-based discrimination, to achieve fulfilment of their human rights and for the restoration of dignity and justice. Leaders of this movement look to Dr Ambedkar for inspiration, putting into practice his famous mantra: ‘My final words of advice to you are educate, agitate and organise; have faith in yourself’. Indeed, his words www.ijar.org.in 87 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
Dr.B.R. Ambedkar and Women Rights
T.Delsly, lecturer in English, Sri Y.N College, Narsapur W.G.Dt Abstract: Dr. B. R. Ambedkar, author of our Indian constitution, took certain constructive and much needed steps in favor of Indian women to make them independent and socially strong and today we can see the revolutionary change in the position and image of Indian women. Our Indian constitution was written in an era when the social condition of Indian women was very poor and need an urgent reform. She was mentally and physically tortured in the society. She was struggling to find her social status and a respectable place in the society. At that time Indian women were in a need of some laws in order to improve their social position and to ensure proper safety against mental and physical torture. The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women.
Key words: Indian Constitution, women development , oppressed, depressed, exploited, illiterates
Introduction to adopt measures of positive discrimination in favour of women. Dr. B. R. Ambedkar, author of our Rise of Ambedkar Indian constitution, took certain constructive and much needed steps in With the rise of Polar Star from tatters in favor of Indian women to make them Marashtra , named Dr BR Ambedkar independent and socially strong and today we can see the revolutionary (1891-1956 ) women got their real change in the position and image of emancipator .The Manusmiriti was burnt Indian women. Our Indian constitution in full public view by Dr Ambedkar on was written in an era when the social 25th December 1927, thus he condition of Indian women was very poor blew bugle of fight against and need an urgent reform. She was discrimination and exploitation on the mentally and physically tortured in the basis of one’s caste, creed , sex or place of society. She was struggling to find her birth. His principle of life was to speak, social status and a respectable place in work & fight for the just cause of the society. At that time Indian women oppressed, depressed, exploited, were in a need of some laws in order to illiterates, ill fed & ill treated men & improve their social position and to women irrespective of their caste or social ensure proper safety against mental and status, place of birth affiliations and physical torture. The principle of gender without caring for his personnel life equality is enshrined in the Indian discomforts. Till then woman was Constitution in its Preamble, considered lowest of the low in the Indian Fundamental Rights, Fundamental society, so he fought a very difficult battle Duties and Directive Principles. The for their cause. On March 19th & 20th, Constitution not only grants equality 1927 he addressed a huge meeting of to women, but also empowers the State depressed classes, including women, and
www.ijar.org.in 88 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] gave strong call for liberation of women. voting rights to untouchables as well as He advised them to attend more to their to women. That was the beginning of an development of mind and the spirit of self era of liberation for women. help; He said that education was as necessary for development of women as Dr. Ambedkar then brought women, the was for men. He declared “As you are, so mulnivasi women in particular into the shall be your children”. While addressing struggle. In December 1927 during the largely attended Depressed Mahad Tank struggle, on the first day (of Classes Women conference on 18th, 19th the second leg) when the procession was July 1942, he said, “He measured the taken out, women marched in the progress of a community by the degree of procession along with men. Second day, progress made by the women of that Dr. Ambedkar exclusively addressed community. He advised, let every girl women. He told them to participate in who marries, stand by her husband, claim the struggle against the tyranny of caste to be her husband’s friend and equal and system. He emphasized to them that men refuse to be his slave. He advocated alone cannot fight this menace. The main avoiding early marriage and producing theme of his speech was “Importance of too many children. Give proper education participation of women in the struggle of to your children, so that they live a depressed.” He also wanted to prepare dignified life”. Dr Ambedkar advocated the women for a cultural change. He told for equal wages for equal work without them to change their style of dressing, to discrimination on the basis of sex or do away with unwanted ornaments, caste, besides grant of paid maternity which they used to wear all the time and leave to expecting mothers. While told them to send their girls to school, strongly supporting proposed maternity keep cleanliness etc. His speech was so benefits to women in Bombay Legislative effective that women dropped the Council in 1928 he said “---- it is in the unwanted ornaments in that meeting interest of the Nation that the mother itself. Next day the women could be seen ought to get a certain amount of rest with their style of dressing changed during the pre-natal period and also completely. Thus Dr. Ambedkar brought subsequently” about a revolutionary change in the Role of Dr. Ambedkar in women’s attitude of mulnivasi women. That gave liberation an extra boost to his movement. Dr. Ambedkar had also been encouraging Dr. Ambedkar continued the pioneering women to organise themselves. One such work of Mahatma Jyotiba Phule and his historic women’s conference was held on wife. Right from the beginning of his 20 July, 1942 at Nagpur. Some 25,000 struggle for the eradication of caste mulnivasi women participated in the prejudices, he started involving women in conference. Dr. Babasaheb Ambedkar the struggle. He realised that the real was highly impressed by the large progress of the mulnivasi could not be gathering. In his speech he told the achieved without liberating the women women to be progressive and told them to themselves. He started motivating the abolish traditionalism, ritualism and women. His first demand of adult customary habits, which were franchise, which was met in the early 20s detrimental to their progress. He also after resistance from the brahmins, gave
www.ijar.org.in 89 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] advised them not to indulge in early Some legislative acts for women at marriages, not to infuse inferiority one place complex among the children.
Let me also share the name of some of Through the constitution of India, as the the legislative acts which are available in chairman of the constitution drafting India to protect women’s rights against committee, Dr. Ambedkar was harassment. These acts are like a boon to instrumental in granting equal status to women at large to protect their dignity in all the citizens irrespective of sex, society. Please have a look: religion etc. Thus the women, contrary to their low status as per Hindu law books, 1) Dowry Prohibition Act, 1961 were for the first time got equal status 2) The Protection Of Women From lawfully. Domestic Violence Act, 2005 The next landmark, pioneering work, 3) The Commission Of Sati (Prevention) which Dr. Ambedkar did was the “Hindu Act, 1987 Code Bill”. He introduced this bill in the 4) The Immoral Traffic Prevention Act, parliament on the promise from 1956 Jawaharlal Nehru that the bill will be 5) Civil Procedure Code, 1973 passed as it is. He basically prepared this 6) Indian Penal Code, 1960 bill to empower women by way of giving 7) Hindu Marriage Act, 1955 property rights and giving rights in many 8) Child Marriage Restraint Act, 1929 other matters like marriage, adoption, 9) The Medical Termination Of divorce etc. However the orthodox Arya Pregnancy Act, 1971 Brahmins who had the mindset of Manu 10) National Commission Of Women Act, Smriti did not allow this bill to be passed 1990 in parliament as it is. This bill was so 11) The Minimum Wages Act, 1948 dear to Dr. Ambedkar that he resigned 12) Bonded Labor System Abolition Act, from the Govt. in protest against the 1976 dropping of the bill. After his resignation, 13) The Special Marriage Act, 1954 the bill was passed in bits and pieces. 14) Foreign Marriage Act, 1969 15) Indian Divorce Act, 1969 The property rights section was 16) The Indecent Representation of immediately passed. This itself was a Women Prohibition Act, 1986 landmark in empowering women. The 17) Guardians & Wards Act, 1869 entire credit for this goes to Dr. 18) Equal Remuneration Act, 1976 Ambedkar. The other sections of the Hindu Code Bill were passed in the form The above list is not conclusive but of following acts: inclusive. These acts have given ample provisions to ensure the protection of
women rights like minimum wages, Hindu Marriage Act 1955, protection from domestic violence, right Hindu Succession Act 1956, of equal remuneration, prevention from Hindu Minority and Guardianship Act immoral trafficking, prevention from 1956, indecent representation of women etc. So Adoption and Maintenance Act 1956. there is no doubt that our judiciary and
www.ijar.org.in 90 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] legislature has taken various effective torture of women has again become steps to ensure the dignity of women. common and that is why they have Parliamentary provisions to ensure started feeling unsafe. As per my dignity of women personal understanding with the proper knowledge of legal and constitutional After Independence there was need to rights of a woman their position can be introduce some statutory laws to ensure further strengthen in the society. There safety and protection of women. Keeping are lots of provisions in our law which in view this requirement, just like protects a woman from mental and constitutional provisions, various physical torture. parliamentary steps have also been taken To conclude I would like to say that by the law of India in order to ensure Indian women has come a long way and dignified life to the Indian Women. prove that she is capable of doing Parliamentary steps means and includes anything and equal partner in the growth the enactment of various laws and and prosperity of the nation. Women are statutory acts to protect the interest of one of the pillars of the society and it women and to stop the crime against would be very difficult to imagine society women. These acts have proved really without the presence of women. Now it is useful towards progress and safety of high time for all of us to understand the women in society. In order to ensure power of women. Even our judiciary and adherence to constitutional provisions for legislature has also accepted the fact that women welfare, there was a need to enact women are one of the most important specific laws by the state and central elements of society and their exploitation Government. Although a women can be would not be accepted at any cost. There victim of any crime in society and in fact is one saying that behind every successful all crimes cannot be classified as a crime man there is a woman. This saying is against women except few crimes which enough to prove that man and women affects a women largely both are necessary element of society. So Conclusion: Due to the revolutionary we must give them due care and respect changes brought by our constitution and and understand their efforts towards efforts made by Indian women, they have welfare of the society at large. earned themselves a respectable position Reference: in the society. Now they are treated equally with men. Today women are * Volume - 2 : Dr.Babasaheb Ambedkar everywhere and to be precise women are in the Bombay Legislature (1927 to 1939) in space, women are in corporate and * Volume - 10: Dr.Babasaheb Ambedkar women are in politics, women are in as member of the Governor-General’s entertainment field, women are in Executive Council (1942 - 1946) defense field and the list goes on. * Volume - 14: Dr.Babasaheb Ambedkar It is indeed a matter of pleasure that the and the Hindu Code Bill. position of women has improved in the last four decades. But still somewhere I * Volume 17, Part 3 - Dr.Babasaheb feel that the presently Indian women are Ambedkar Writings and Speeches. again a bit struggling to maintain their dignity and freedom. Mental and physical
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Ambedkar and the Indian constitution
K.Sarada, Research scholar, Dr. B.R Ambedkar college of law, Andhra University, Visakhapatnam
Prof Y.Satyanarayana, Professor and B .O .S OF DR B. R Ambedkar College of Law, Andhra University, Visakhapatnam
Abstract: Bharat Ratna Babasaheb Dr. B.R. Ambedkar, the Chief Architect of Constitution of India, is the man of millennium for social justice, in the sense that he became the deliverer of or the Messiah of the Dalits. He was the man of millennium for social justice, since he was the first man in history to successfully lead a tirade of securing social justice to the vast sections of Indian humanity, with the help of a law, which practically repealed the concerned portions of Hindu scriptures. Social justice found useful for everyone in its kind and flexible form. In this sense social justice holds the aims of equal opportunity to every citizen in the matter of social & economical activities and to prevent inequalities. Key Words: Social Justice, Constitution, Inequality
Introduction constituting 95% of Hindu population. That big segment of population had been The constitution of India was forced to live at a sub-human level from adopted on November 26, 1949. Some time immemorial, under caste system, provision of the constitution came into sanctioned by Hindu scriptures. He was force on same day but the remaining the man of millennium for social justice, provisions of the constitution came into since he was the first man in history to force on January 26, 1950. This day is successfully lead a tirade of securing referred to the constitution as the “date social justice to the vast sections of of its commencement”, and celebrated as Indian humanity, with the help of a law, the Republic Day. The Indian which practically repealed the concerned Constitution is unique in its contents and portions of Hindu scriptures. spirit. Though borrowed from almost every constitution of the world, the Social justice denotes the equal constitution of India has several salient treatment of all citizens without any features that distinguish it from the social distinction based on caste, colour, constitutions of other countries. Bharat race, religion, sex and so on. It means Ratna Babasaheb Dr. B.R. Ambedkar, the absence of privileges being extended to Chief Architect of Constitution of India, any particular section of the society, and is the man of millennium for social improvement in the conditions of justice, in the sense that he became the backward classes (SCs, STs, and OBCs) deliverer of or the Messiah of the Dalits, and women. Social Justice is the the erstwhile untouchables, Other foundation stone of Indian Constitution. Backward Classes (OBCs), and women, Indian Constitution makers were well
www.ijar.org.in 92 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] known to the use and minimality of Article 19 enshrines the various principles of justice. They wanted fundamental rights of the citizens of this to search such form of justice which could country. The seven sub-clauses of Article fulfill the expectations of whole 19(1) guarantee the citizens seven revolution. Pt. Jawahar Lal Nehru put an different kinds of freedom and recognize idea before the Constituent Assembly: them as their fundamental rights. Article 19 considered as a whole furnishes a very “First work of this assembly is to satisfactory and rational basis for make India independent by a new adjusting the claims of individual rights constitution through which starving of freedom and the claims of public good. people will get complete meal and cloths, and each Indian will get best option that Articles 23 and 24 provide for he can progress himself.” Social justice fundamental rights against exploitation. found useful for everyone in its kind and Article 24, in particular, prohibits an flexible form. Although social justice is employer from employing a child below not defined anywhere in the constitution the age of 14 years in any factory or mine but it is an ideal element of feeling which or in any other hazardous employment. is a goal of constitution. Feeling of social Article 31 makes a specific provision in justice is a form of relative concept which regard to the fundamental right to is changeable by the time, circumstances, property and deals with the vexed culture and ambitions of the people. problem of compulsory acquisition of Social inequalities of India expect property. solution equally. Under Indian Article 38 requires that the state Constitution the use of social justice is should make an effort to promote the accepted in wider sense which includes welfare of the people by securing and social and economical justice both. protecting as effectively as it may a social According to Chief Justice order in which justice social, economic Gajendragadkar: and political shall inform all the “In this sense social justice holds institutions of national life. Article 39 the aims of equal opportunity to every clause (a) says that the State shall secure citizen in the matter of social & that the operation of the legal system economical activities and to prevent promotes justice, on a basis of equal inequalities”. The Constitution of India opportunity, and shall, in particular has solemnly promised to all its citizens provide free legal aid, by suitable justices-social, economic and political; legislation or schemes, or in any other liberty of thought expression, belief, faith way, to ensure that opportunities for and worship; equality of status and of securing justice are not denied to any opportunity; and to promote among the citizen by reason of economic or other all fraternity assuring the dignity of the disabilities. individual and the unity of the nation. Article 41 recognizes every The Constitution has attempted to attune citizen’s right to work, to education and the apparently conflicting claims of socio- to public assistance in cases of economic justice and of individual liberty unemployment, old age, sickness & and fundamental rights by putting some disablement and in other cases of relevant provisions.
www.ijar.org.in 93 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] undeserved want. Article 42 stresses the After 70 years of independence, importance of securing just and humane 13th Five Year Plans, hundreds of laws conditions of work and for maternity leading to a veritable forest of rules relief. Article 43 holds before the working offering a variety of special facilities to population the ideal of the living wage the underprivileged ranging from and Article 46 emphasizes the importance scheduled castes and tribes to women, in of the promotion of educational and matters of education, employment, economic interests of schedule castes, housing, etc. social justice is far from a schedule tribes and other weaker reality. 53% of over 965 million people sections. are under the poverty line i.e. unable to spend even a dollar a day on bare The social problem presented by necessities. A mere16% of households the existence of a very large number of enjoy the ‘luxury’ of electricity, drinking citizens who are treated as untouchables water and toilet facilities. This has received the special attention of the percentage is 3.9% if only rural Constitution as Article 15 (1) prohibits households are taken into consideration. discrimination on the grounds of religion, 71% of our women are illiterate. Barring race, caste, sex, or place of birth. The a few states like Kerala and Tamil Nadu, state would be entitled to make special rural health care is a sham and almost provisions for women and children, and non-existent. for advancement of any social and educationally backward classes of Where Does The Solution Lie- citizens, or for the SC/STs. A similar The solution to social injustice exception is provided to the principle of lies within us only. We should be aware of equality of opportunity prescribed by the expressions the poor, the backwards, Article 16 (1) in as much as Article 16(4) social justice which are being used to allows the state to make provision for the undermine standards, to flout norms and resolution of appointments or posts in to put institutions to work. The need of favour of any backward class of citizens hour is to ensure the proper and balanced which, in the opinion of the state, is not implementation of policies so as to make adequately represented in the services social justice an effective vehicle of social under the state. Article 17 proclaims that progress. While Liberalism puts freedom untouchability has been abolished & first it is conscious of the fact that such forbids its practice in any form & it freedom is hollow unless it is provides that the enforcement of accompanied by a sense of security and untouchability shall be an offence equality. A liberal social policy should punishable in accordance with law. This aim at providing the most disadvantaged is the code of provisions dealing with the with access to opportunities and, at the problem of achieving the ideal of socio- same time create a social net that economic justice in this country which strengthens their ability to cope with has been prescribed by the Constitution crises. of India. Judiciary and social justice- Challenges in social justice The judiciary under our Constitution is watchdog of the
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Constitution. It looks into both law concentration of political power in the making and the law implementation by hands of government and guard against the other two wings of the Constitutional the 'excesses of democracy' or the democracy. The functions and role of 'tyranny of the majority'. these institutions are essential for In Indian political system, the successful operation of Constitutional judiciary has carved out a very significant democracy in our country. A democracy space for itself. The transition from a means and provides a government by feudal to a democratic order and from discussion. The representatives of people colonial bondage to a free society needed voice the wishes of the electorate for an institution to protect individual's life, smooth operation of the socio-economic liberty and property. These natural rights development thinking and their policy make meaning to the living in a making. At this stage, it will not be out of democratic order. Without freedom and the way to examine what constitutes a protection an individual cannot survive Constitution. despite phenomenal progress in all walks The judiciary is the protector of of life. civil rights, it decides cases, it is the The Supreme Court in Minerva custodian of fundamental rights, it is the Mills v. Union of India, observed, There guardian of the Constitution, its role in a is no doubt that though the courts have federal system as the arbitrator is well always attached very great importance to known and the power of judicial review the preservation of human liberties, no has reposed faith of the people in the less importance has been attached to judiciary. Both legislative anti-people law some of the Directive Principles of State making and the executive excesses can Policy enunciated in Part IV.... The core come under judicial scanner. of the commitment to the social The importance of judiciary is revolution lies in parts III and IV. These more for the citizens than for the States. are the conscience of the Constitution. The judicial system is a part of the The Court said that, rights in Part III are judicial process. According to Alan Ball not an end in themselves, but are the (1978) there are two main reasons why means to an end, the end is specified in this point, that the judicial system is part Part IV. Together, the two realize the of the political process has to be idea of justice, which the Indian State emphasised. Firstly, liberal democratic seeks to secure to all its citizens. The theory has traditionally put a premium Supreme Court through its decisions has on the necessity of protecting the citizen tried to realize this goal of constitutional from a too powerful state and therefore justice. emphasised the impartiality of the In Bandhua Mukti Morcha v. judicial process, to increase the Union of India, the Court, while decrying independence of the judiciary and to in strongest possible terms the practice of deepen the respect and confidence with bonded labour, held that Right to life, which judicial decisions are received. under Article 21 of the Constiution Secondly, it has led to the emphasising of means right to live with dignity, and that the aspects of the doctrine of separation this evil practice was a clear violation of of powers, both to prevent too much
www.ijar.org.in 95 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] that. Similarly, in State of H.P. v. Maneka Gandhi's case, the Court had Ummed Ram Sharma, the Court held held that a procedure under Article 21 that access to roads in hilly areas is must be a right, just, fair and a access to life, and the failure of the state reasonable procedure and that it must to provide roads, in such regions amounts also satisfy the test of reasonableness in to denial of right to life to the people of Articles 14, as well as 19, besides Article the region. Then in Vishakha v. State of 21. On this basis the Court decried the Rajasthan, it held that sexual harassment practice of handcuffing of prisoners (both of a woman at workplace, is a denial of under-trials as well as convicts), in Prem both her right to life and personal liberty Shanker v. Delhi Administration. under Article-21, as well as amounted to Recently, in Smt. Selvi v. State of discrimination on the basis of sex, and Karnataka, the Court held that thus violative of right to equality conducting of narco-analysis, polygraph guaranteed under Articles 14 and 15. The test, etc. on accused persons, without Court went on to issue elaborate their consent, was violation of both guidelines to protect women from sexual Articles 20 as well as 21, for it amounted harassment at workplace. Also, Paschim to compelling a person to give evidence Banga Khet Mazdoor Samity v. State of against himself, which was prohibited by West Bengal, failure on the part of the Clause (3) of Article 20, and was not a Government hospital to provide timely just and a reasonable procedure under medical treatment to a person in need of Article 21. In continuation of this trend such treatment has been held to be a of Court has also frowned upon custodial violation of his right under Article-21. In torture of the accused/convict and has Rural Litigation Entitlement Kendra v. issued elaborate guidelines to protect the State of U.P, as well as M.C. Mehta v. accused/convict from custodial torture, in Union of India the Court held that, right D.K. Basu v. State of West Bengal. to life includes right to live in a clean and Recently, in State of West Bengal v. healthy enviornment. Then in Mohini Committee for protection of Democratic Jain v. State of Karnataka as well as Rights, West Bengal, dismissing the Unnikrishnan v. State of A.P., observing appeal of the Government of West that a man without education was no Bengal, against an order of the High better than an animal, the Court held Court, transferring the investigation of right to education was an essential case involving violence and killing on the ingredient for a dignified and meaningful part of the ruling party in the State from life. In Hussainara Khatoon v. Home the State police to C.B.I. the Court held Secretary, State of Bihar (I-V), turning that failure on the part of the police to its attention to the plight of under-trial carry out proper investigation so as to prisoners languishing in jails, for years bring culprits to book, was a violation of together, for want of proper legal aid, the rights of the victims of that violence, delay in conduct of trials, etc. held that, for the State is under an obligation to failure of the State to provide legal ensure that a person committing a crime representation and accused person, is apprehended and punished. amounted denial of personal liberty The above narration contains without a just, fair and reasonable merely illustrative instances, where procedure established by law. Earlier in
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Court has tried to ensure that the Shiva (Ed). The Framing of India's Constitutional guarantee of justice in Constitution, Select social, economic and political, is secured Documents, 2. [Delhi, Universal Law to people of India. However, there is still Publishing Co. Pvt. Ltd.], 2006, p.3- a long road to be traversed before it can 4. be said that the State which the framers of the Constitution sought to create, has 5. Kesavananda Bharti v. State of Kerala succeeded in fulfilling their aspirations. [(1973) 4 SCC 225 (424). Conclusion 6. For example, Article 21 of the Constitution guarantees Right of When India is passing through social and Life and Personal Liberty to all caste discrimination, economic crisis, persons (both citizens as well as unemployment, communalism and lack of non-citizens). basic needs, a party of substance and difference is needed which acknowledges 7. Constitution of India : Article 13. and addresses the problems of social and 8. Constitution of India, Article 37. economic deprivation. Social justice apart from economic and political justice is the 9. Austin, Granville, supra : note.2. Also pre-requisite. These can be strengthened see, Minerva Mills Ltd. v. Union of through the constitution force which India [AIR 1980 SC 1789 (1805- binds the people in every aspect. 1810)]. However, the sting of inequality that is 10. AIR 1980 SC 1789. prevailing through casteism can be eradicated only when the mind set of an individual towards others changes. References
1. Austin, Granville Indian Constitution, the cornerstone of a Nation (New Delhi, Oxford Univesity Press), 2007, p.50. Also see, Minerva Mills Ltd. v. Union of India [AIR 1980 SC 1789 (1805-1810)]. 2. Austin, granville, Indian Constitution. The Cornerstone of the Nation (New Delhi, Oxford University Press), 2007 : p. ix (Preface). Also see, Minerva Mills Ltd. v. Union of India [AIR 1980 SC 1789 (1805- 1810)]. 3. Constitutent Assembly Debates, Vol.I. [New Delhi, Parliament Secretariat], p.57. Also see, Rao, B.
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Dr. Ambedkar’s Contribution towards Women’s Rights in India
G.Neeharika, DEd 1ST year, SKSD College of D.ed, Tanuku,W.G.Dt
Abstract: Dr.Ambedkar’s contribution was great in the field of women empowerment who advocated for the liberation of women and gender equality in India. If there are any persons worked for women liberations in India, they were none other than Buddha, Dr.BabasahebAmbedkar, E.V.RamaswamyPeriyar and JyothiraoPhule. Without Dr.Ambedkar ,atleast whatever so changes the position of women today in India would be only question mark. There were many leaders fought for the women’s rights in India. Most of them were failed in their action. But Dr.Ambedkar was the only person who changed the effort via law. While drafting the constitution of India, Dr.Ambedkar was the prime mover of the welfare of women.
Key words:
Introduction thought it appropriate, rather his duty, to free women from the age old thralldom Dr. Ambedkar started his movement in by reforming the Hindu social laws 1920. He stated “We shall see better days created by Manu. He, therefore, took soon and our progress will be greatly initiative to draft and introduce the accelerated if male education is Hindu Code Bill in the Constituent persuaded side by side with female Assembly. Dr. Ambedkar tried an education. Dr. Babasaheb spent his life adequate inclusion of women’s right in for the betterment of women even the political vocabulary and constitution involved in bad practices and of India is: 1. Article14 - Equal rights and professionals like prostitutions. The opportunities in political, economic and greatest example of it was seen in social spheres 2.Article 15 prohibits Kamathipura. There was a person named discrimination on the ground of sex. 3. David who was the mediator working in Article 15(3) enables affirmative brothel. He left his profession persuaded discrimination in favour of women. by the thoughts and teachings of Dr. Article 39 – Equal means of livelihood Babasaheb Ambedkar. He evoked the and equal pay for equal work. 4. Article entire prostitute to give up their 42 – Human conditions of work and profession and lead the life of honour. In maternity relief. 5.Article 51 (A) (C) – the Manu Smriti, Manu not only shows Fundamental duties to renounce contempt for women but goes on to practices, derogatory to the dignity of degrade them as slaves, devoid of women. 6.Article 46 – The state to intellect; denies them the right of promote with special care, the education and the right to property; and educational and economic interests of forbids them from performing sacrifices. weaker section of people and to protect Being India’s first Law minister and them from social injustice and all forms chairman of drafting Committee of the of exploitation. 7.Article 47 – The state to Constituent Assembly, Dr. Ambedkar
www.ijar.org.in 98 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] raise the level of nutrition and standard guardian of minor by will, Restoration of of living of its people and the Ban on Women Working Underground in improvement of public health and so on. Mines, Etc., Article 243D (3), 243T (3) & 243R (4) “RIGHT TO VOTE (Equal for all provides for allocation of seats in the Women and Men in India)i.e, Panchayati Raj System ‘ADULT FRANCHISE’ was given by Hindu code bill: Dr. Babasaheb Ambedkar: Dr.BabasahebAmbedkar resigned from 25thJanuary was observed as the National the post of the first Law Minister of India Voters Day in our Nation. Well..!! Firstly when his noble “Hindu Code Bill” A I would like to say one thing, atleast to womens rights for Indian women dropped spread something awareness about our by then prime minister Nehru. But none constitutional right(Article 326) i.e.,” of the womens organisation talks about Right to Vote” to some people. Now all it. For three years, he fought to get the Indians have Right to Vote without bias bill passed. It was the greatest ever social in gender, caste, class, literacy or religion. reform in India. It is nothing but It was “Founding Father of Modern declaration of Women’s Rights. It spoke India” Revolutionary Dr.Ambedkar who of giving back dignity to Indian Women voiced as the first person in India for the and giving equal rights to men and ‘Universal Adult Franchise’ before the women. They are Rights to Property, south borough commission. Later before Order of Succession to property, the Simon Commission for all Indians Marriage, Divorce, Guardianship. without bias in gender, caste, class, literacy and religion. Although Dr.BabasahebAmbedkar could not succeed in getting passed the full Today our constitution Hindu Code Bill, he successfully laid the granted voting rights to all Indian foundation of Equality for the women in Women as a right because of him. But India in all spheres of life. Due to his before Independent India , It is not easy efforts the women are holding high task for everyone ‘Right to Vote’ even positions in all fields including men also. Mostly the ‘Right to Vote ‘ was Engineering, Medical, Army, Airforce, given only to those The Rich, The Navy, Police, Administration, Politics, Landed, and the Tax Payers. Some people etc., may claim Montagu-Chelmford Reforms He framed many laws for women in granted votes to women. But it was under India as follows: condition (like man) to some women in province only not for whole part in India. Dearness allowance, Women labour Dr.Ambedkar started his welfare fund, ESI, Provident fund Act, movement in 1920. He stated Women labour protection Act, Maternity “We shall see better days soon benefit for women labour bill, Divorce and our progress will be greatly Act, Right over parental property, No accelerated if male education is marriage before age of 18 years, persudedside by side with female Maintenance allowance from husband on education. getting legally separation, Window can adopt a child, Mother can change
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Dr.Ambedkar spent his life for from social injustice and all the betterment of Women even forms of exploitation. involved in bad practices and Ambedkar’s defense for women as the professional like Prostitution. Law Minister of free India appeared in Being India’s first Law Minister the form of the Hindu Code Bill in and Chairman of Drafting parliament on 11th April 1947, The Bill committee of the Constituent couldnot with stand the opposition from Assembly, Dr.Ambedkar thought the Hindu Orthodoxy. The Bill tried to it appropriate, rather his duty, to codify the Hindu Laws which were in a free women from the Age old scattered form. thraldom by reforming the Hindu Conclusion: Social Laws created by Manu. He therefore took initiative to draft Dr.Ambedkar’s protest against the failure and introduce the Hindu Code of the Bill resigned his seat in the Bill in the Constituent Assembly. cabinet. Although his efforts did not , Constitutional provisions for women entirely go waste. Later the original bill was split into four different Bills with Dr.Ambedkar tried an adequate slight changes. Those were passed as , inclusion of womens right in Hindu Marriage Act 1955, The Hindu political vocabulary and Succession Act 1956, The Hindu Minority constitution of India are and Guardianship Act 1956, The Hindu Adoption and Maintenance Act 1956, Article 14 – Equal Rights and Lord Casey said,Ambedkar stands as the Oppurtunities in Political “Fountain head of Wisdom and ,Economical and Social spheres. Knoweldge” in Modern India. Article 15- Prohibits discrimination on the ground of sex. Article 39- Equal means of livelihood and equal pay for equal work. Article 42- Human conditions of work and maternity relief. Article 51(A)(C)- Fundamental duties to renounce practices, Derogatory to the dignity of Women. Article 46- The state to promote with special care, Educational and Economic interest of weaker section of people and to protect them
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Dr. B.R.Ambedkar - The Indian Constitution Maker and A Torchbearer of Political Power to Bahujans
K. Swamiji, Lecturer in Politics, Ideal College of Arts & Sciences, Kakinada.
Abstract: in this paper an attempt is made to present Dr. B.R.Ambedkar- The Indian Constitution Maker and A Torchbearer of Political Power to Bahujans. The bahujans who are now subjects of the country are the inheritors of the Naga clan who once ruled this country (SC/ST/BC) Minorities-85 percent of the country’s population But they are now divided in to many castes and rendered poor, destitute and helpless. Therefore Dr. B.R. Ambedkar advocated that political power is the ultimate goal for the solution of all their problems and felt that the real democracy and socialism could prevail only under their regime, in the country. Dr. Ambedkar told the Dalit leaders and the masses that, “Dalits should become the ruling community and political power is the only key to achieve that. The shift of Dalit leadership from social reform to achieving political power has also been substantiated by many social scientists. Key words: bahujans, Constitution Maker, social scientists
Introduction Dr.B.R.Ambedkar was familiar with every letter of constitutions of The Father of Indian countries like United States, England etc. Constitution Bharata Ratna He had a complete knowledge over Dr.B.R.Ambedkar has achieved constitutions of 16 countries. It is for this wonderful victories in various fields. reason that he was chosen as chairman Millions of people accepted him as their for Drafting committee of constitution of role model. They have transformed and India though, members of the committee transforming themselves as historical (1+6) have not co-operated with him due figures leaving their special mark in to their personal affairs, he worked alone different fields. Dr.B.R.Ambedkar took for 2 years 11 months 18 days restlessly up the most injustice and deprivation of without caring for his deteriorating the dalits from all opportunities due to health and prepared an admirable caste discrimination in twentieth century constitution for our country. As the India . Dr.B.R.Ambedkar was a great president of constituent Assembly lover of books. He used to say I love Ambedkar received appreciation for his books more than I love my wife and untiring efforts from the first president children. Dr. B. R. Ambedkar possessed a of India, Dr. Rajendra Prasad, Mr. T. T. very big personal library in even, in those Krishnamachary member of the Drafting days in India. The entire ground floor of committee of Indian constitution and the his house “Rajagriha” in Bombay was first Home Minister of India, Justice devoted to this library. According to an Koka subbarao, the former chief justice of estimate there were 45 thousand books in supreme court. They paid glowing the floor. He read every important book tributes to him stating that the country is with much concentration. indebted to Dr. B.R. Ambedkar forever Father of Indian constitution for drafting Indian constitution despite his ill health Dr. Nelson Mandela, a www.ijar.org.in 101 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
Nobel Prize (for peace) awardee, admired political entity to capture the political Dr. Ambedkar for drafting such a great power and work for the welfare of all constitution for their country south bahujans and Indians. Africa. It reveals the greatness of our Constitutional Vision constitution and talent, genius and efficiency of its writer as it is followed for “I wish my people should remain 6 decades without any interruption by as Indians first and last, they should not the people of Indian with necessary become others” asserted Dr. Ambedkar, amendments in spite of many castes 6000 A close examination of his speeches at religions and languages. Round Table conferences (1930-32) representations submitted to the British Real democracy and socialism Viceroy, the reports given to the Stafford, The bahujans who are now Cripps and Simon oppressed. His subjects of the country are the inheritors aspiration to provide opportunities to SC of the Naga clan who once ruled this & STs, 25% of population of the country country (SC/ST/BC) Minorities-85 in polities, economy, and in the areas percent of the country’s population But such as social, ethical and religion, his they are now divided in to many castes proposition of Principle of one man one and rendered poor, destitute and helpless. vote - one poor demonstrate his Therefore Dr. B.R. Ambedkar advocated Indianness and humanism. Not that political power is the ultimate goal championing the cause of a separate for the solution of all their problems and dalitistan as Jinnah demanded for felt that the real democracy and socialism Pakistan, his hiving up of the demand for could prevail only under their regime, in separate constituencies for SC/STs the country. To achieve this goal he (Which he achieved by the British suggested that all the bahujans should through communal Award) to save the fight united with one agenda and with life of Gandhi, his commitment to write one flag / symbol. In his attempt to constitution alone without caring for his achieve this goal, he started independent health his preparation of Hindu code Bill labour party (1937), Scheduled casted for the empowerment of women who federation (1942) and Republican party of from the 50% of the country’s population, India (1956) based on the contemporary resigning the ministry for the defeat of and social situations. Independent the same bill, his embracing Buddhism Labour party demonstrated the unity of which is our ancient national religion bahujans by winning 15 seats out 17 in rejecting foreign religions, his planning 1937 Assembly elections of Bombay. for national projects like Bhakranangal Unfortunately, some bahujans proved to and Damodar valley, selection of national be stooges of the brahminical conspiracies symbol designing the national flag are of the upper caste Hindus in later period clear testimonies to his constitutional and have become the caravans of their vision. Dr. Ambedkar told the Dalit flag bearers. They distanced themselves leaders and the masses that, “Dalits away from the political power, In spite of should become the ruling community and all this we wish that all bahujans feel political power is the only key to achieve that Mahatmapule and Babasaheb that. The shift of Dalit leadership from Ambedkar are path finder’s of their social reform to achieving political power bright future to move ahead as a single has also been substantiated by many www.ijar.org.in 102 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] social scientists. For instance, Rudolf and Rudolph (1987), Lych (1974), Joshi (1982) have given different versions for this shift of dalit leadership and they argued that this has occurred because of the development of liberal and democratic values fostered by the Constitution of India. References
Ambedkar, Dr.B.R. Annihilation of Caste in Writings and speeches, Vol.1, Education Department, Government of Maharashtra, Bombay, 1979. Ahir D.C., Dr. Ambedkar and the Indian Constitution, Budda Vihara, Lucknow, 1973. Vivek Kumar, Dalit Leadership in India, Kalpaz Publications, Delhi, 2002. Joshi, Barbara R., Untouchable: Voices of the Dalit Liberation Movement, Select BookService Syndicate, New Delhi, 1986. Lynch, O.M., The Politics of Untouchability: Social Mobility and Social Change in a City of India, National Publishing House, New Delhi, 1974. Ratnam,USV., Dr.B.R.Ambedkar, BDA Kendra, Amalapuram, 2011. Rudolph Lloyd and Ruolph S., The Modernity of Tradition: Political Development in India, Orient Long Man, Delhi, 1987.
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Democracy and women rights in India
Dr. P.Sai Babu, Head & Assistant Professor in Political Science, A.S.N.M.
Government College, Palakollu, West Godavari, Andhra Pradesh, Hyderabad
Abstract : Today women enjoy equal legal access to health care, education, civic participation, and economic justice as a result of generations of advocacy on behalf of women. However, despite gains in gender equality over the past century, women are still victims of harassment, assault, and discrimination in the workplace and at home. As Lenora Lepidus observes, barriers to full equality for women continue to exist in our society, and yet the call for advancement and reform can go unanswered. There are many who have dedicated their lives to the furthering of women’s rights, yet advocates are still needed in the field of women’s rights to continue important this work. Key words: harassment, assault, and discrimination
Introduction This guide will mainly focus on the traditional “women’s rights” areas, and The term “women’s rights” encompasses discuss the variety of opportunities, issue many different areas, making it among areas, and practice settings to advocate the most difficult areas of law to define. for women’s rights. However, there are Women’s rights are most often associated an infinite number of women’s issues to with reproductive rights, sexual and fight for, and an equally large number of domestic violence, and employment avenues in which to advocate for equal discrimination. But women’s rights also justice. Be creative in your thinking, includes immigration and refugee spread wide your research, and find the matters, child custody, criminal justice, issue and practice area in which you can health care, housing, social security and most effectively achieve your goals. public benefits, civil rights, human rights, Basic Rights for Women sports law, LGBT rights, and international law. Often feminist leaders Many states have established Governor’s today focus on areas of intersection Commissions or Task Forces on between women’s rights and other issue Women’s Issues, most dealing with areas and consider these areas of domestic violence. For example, intersection as one larger movement for Massachusetts has a Governor’s social justice. These areas of overlap offer Commission on Domestic Violence that an opportunity for lawyers to focus on coordinates state programs and many areas of social policy important to initiatives on community responses to them. For example, if you work for an domestic violence. Illinois has a immigrant rights group or for a labor Governor’s Commission on the Status of union, you can find areas of overlap with Women in Illinois, which initiated and women’s rights whenever women are was responsible for the passage of the involved. You can be an advocate for Illinois Gender Violence Act giving women’s rights from a many of types of victims of domestic violence, rape and organizations, because when a woman is sexual assault a civil right of action involved, women’s rights are involved. www.ijar.org.in 104 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] against their perpetrators. Even if you do women, the prosecution of women for not want to directly work at your state’s drug-related offenses can have commission on women’s rights, unintended consequences for women. remember these offices as resources with With the mandatory sentencing practices links to other organizations about enacted during the war on drugs, women women in your state. are increasingly being incarcerated for, what is often, very limited involvement Attorney General’s Offices can offer in drug trafficking. For example, if a interesting work on women’s rights woman owns the car used to carry drugs, issues. Some have established divisions or answers the telephone for someone focused on women’s rights that do policy else in the household involved in drug work on economic and violence issues selling, the woman is at risk of being affecting women in particular. Other prosecuted based on the amount of drugs divisions of an Attorney General’s Office involved rather than the level of her will deal with women’s issues as well, participation. Because women often have such as abortion rights, consumer such limited involvement with the drugs advocacy, health care issues, and themselves, they can have little poverty law. information to bargain with or offer in a Opportunities exist at the local level of plea bargain. As a result, men with more government to work on women’s rights intricate knowledge of the drug through mayoral offices and prosecutor’s transaction are offered pleas and spend offices. Some mayors make fighting less time incarcerated than women. violence against women a priority, and While the intention of the war on drugs have dedicated offices to combat was not to imprison women with limited domestic violence. State’s Attorneys and if any involvement in the drug District Attorneys prosecute sex crimes operations, that has been the on the local level, bringing justice on unfortunate reality. Lawyers can work behalf of victims of rape and sexual defending women accused of involvement assault. Programs created in these offices with drugs, and legislation reform. to support crime victims throughout the Household Violence on Women difficult trial process have made enormous differences in the willingness Domestic violence against women of these victims to cooperate with the permeates every aspect of life for victims prosecution of the case. Consider of abuse in the home. It includes physical, volunteering as a courtroom advocate to emotional, and sexual abuse by a partner. work with female witnesses and help Domestic violence is a complicated them navigate the criminal justice problem and once a victim finds the system. strength to leave her abuser, she Legal Rights for Women encounters a variety of problems requiring legal support. There are a Although not intended in the number of legal hurdles women have to formulation of laws, some criminal laws jump through after leaving their are applied to men and women attacker. differently While there are other One of the greatest challenges facing examples of ways criminal laws are victims of domestic abuse is loss of applied in different ways to men and www.ijar.org.in 105 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] housing. Because of the coercive and internationally. Low levels of controlling tactics used by abusers, education, economic instability, and women can be cut off from family, friends limited English competency often make and other support networks. In women vulnerable to predatory Minnesota in 2003, 46 percent of traffickers, who coerce their victims homeless women reported that they had with false promises for employment. stayed in an abusive relationship because Taken from their homes to other they had nowhere to go. When victims countries to serve as sex workers or decide to leave their abuser and go to a domestic servants, women and girls are shelter, they may encounter time exposed to physical, sexual and limitations on their say at the shelter. psychological force routinely. Some landlords refuse to rent units to Sometimes traffickers and employers victims or evict women when they learn deny women and girls their of a domestic violence situation. In identification documents to prevent addition to direct representation of them from escaping. Legal advocates women in obtaining restraining orders, work to call attention to these legal advocates can work to prevent injustices from governments around discriminatory rental practices, ensure the world, demand punishment of adequate funding for shelters, and other those involved in trafficking, and reforms at both the local and national return women and girls to their homes. level. International women’s rights Domestic Law on Women Organizations both in the United States Family law encompasses, among other and abroad are increasingly calling for practices, child custody, child support, vigilance in respecting and advocating protection from abuse orders, and for the rights of women abroad. Just as divorce–all of which involve women. in the United States, violence against Women involved in family law women is a systemic problem in many proceedings need counsel in obtaining areas of the world. In some war-torn legal protection from abuse for countries in Africa, women are raped themselves and their children. In repeatedly by militants and often custody, support, and protection infected by HIV/AIDS. In other proceedings, low-income women in family countries, men beat women regularly, court typically rely upon legal support with few, if any, consequences from law from local legal services offices to enforcement. Often there are stigmas represent them. Legal services lawyers attached to victims of sexual and can make improve daily lives of domestic violence, discouraging victims individuals through family law practice from reporting crimes of this nature. supporting women. Reform through Legal advocates in the United States policy and impact litigation can protect can fight for increased awareness of the rights of mothers and women on a violence against women as violations of larger scale. human rights. Human trafficking and sex workers Sexual harassment
Human trafficking continues to Sexual assault and rape pose a great victimize young women and girls threat to women. Victims of such crimes www.ijar.org.in 106 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] are in need of attorney advocates to still have to depend on small-scale protect their individual rights as women surveys and village studies to assess and to support policy on behalf of victims women’s access to land. These sources across the nation. State’s Attorneys and reveal that typically few women own District Attorneys prosecute sexual arable land and even fewer effectively assailants and are involved in cases control some. regarding sexual assault on an individual The social and economic implications of level. In some states, upon arrival at a this are wide-ranging. Millions of women hospital, rape victims are not informed in Asia, Africa, and Latin America depend about emergency contraception. Some critically on land for a livelihood. The women’s rights activists are currently typical process of agrarian working to standardize the information transformation under which labor shifts provided to rape victims about their from agriculture to non agriculture has rights and the choices they can make been slow and gender biased. In many about their health and recovery. countries, those who have moved to In largely agrarian economies, arable nonfarm work are largely men, while land is the most valued form of property women have remained substantially in and productive resource. It is a wealth- agriculture. Hence a disproportionate creating and livelihood-sustaining asset. number of those still dependent on land For a significant majority of rural are women. In India, for instance, 58 households it is the single most percent of all male workers but 78 important source of security against percent of all female workers, and 86 poverty. Traditionally, it has been the percent of all rural female workers, are in basis of political power and social status. agriculture. Indeed the gender gap has For many, it provides a sense of identity been growing. Women’s domestic work and rootedness. It is an asset that has a burden, lower mobility, lesser education, permanence that few other assets and fewer investable assets limit their possess. In some communities, ancestral entry into non agriculture, and also their land also symbolically stands for range of nonfarm options. Moreover, the continuity of kinship and citizenship. nature of women’s agricultural work is, While many of these links are well to a greater extent than for men, casual recognized at the household level, their in nature. Relative to men, women also importance specifically for women has continue to have lower real wage rates received little attention. Indeed, the issue and lower average real wage earnings in of women’s rights in land (and more both agriculture and non agriculture. generally in property) has been, until Land Rights for Women recent-ly, largely neglected in both research and policy. In fact, in almost all Rights (in any form of property) are de- developing countries, large-scale surveys fined here as claims that are legally and and agricultural censuses collect property socially recognized and enforceable by an related information only by households, external legitimized authority, be it a with-out disaggregating by gender. Nepal village-level institution or some higher- is a recent exception where such data will level body of the State. Land rights can now be collected in its census. In most of stem from inheritance, transfers from the South Asia, including India, therefore, we State, tenancy arrangements, land
www.ijar.org.in 107 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] purchase, and so on. They can be in the case of desertion, divorce, or widowhood. form of ownership or usufruct (rights of In parts of western and north western use), and can encompass differing degrees India, not uncom-monly, rural women of freedom to lease out, mortgage, even from rich parental and marital bequeath, or sell. families, deprived of their property shares when widowed, can be found working as Three additional distinctions are relevant agricultural laborers on the farms of their here. First, there is a difference between well-off brothers or brothers-in-law. The the legal recognition of a claim and its fate of deserted and divorced women is social recognition, and between worse. recognition and enforcement. A woman may have a legal right to inherit proper- Social Status of Women Rights ty, but this may remain merely on paper Unless and until women’s claims begin to if the claim is not recognized as socially be seen as socially legitimate, parents legitimate or if the law is not enforced. who have a male bias are likely to use the Second, there is a distinction between right of making wills to disinherit ownership and effective control. It is daughters, even if the laws are made fully sometimes assumed incorrectly that legal gender-equal. Similarly, efforts are ownership carries with it the right of needed to change conservative or control in all its senses. In fact, legal negative perceptions about women’s ownership may be accompanied by appropriate roles and abilities, and to restrictions on disposal, as among the challenge social norms that restrict Jaffna Tamils of Sri Lanka and several women’s public mobility and interaction. communities in Latin America, where a For instance, the problem posed by married woman needs her husband’s women’s marriage outside the natal consent to alienate the land she legally village arises only partly from the owns. Third, we need to distinguish distances involved and mostly from social between rights vested in individuals and strictures on women’s mobility, and those vested in groups. social perceptions about women’s lesser In contrast, direct land transfers to abilities and deservedness. Men are women are likely to benefit not just seldom denied their property rights even women but also children. Evidence both if they migrate to distant parts (as many from India and from many other parts of men, especially younger ones, do to seek the world shows that women, especially jobs in cities. in poor households, spend most of the Although social attitudes, norms, and earnings they control on basic household perceptions are not easy to alter, certain needs, while men spend a significant part types of interventions could further the of theirs on personal goods, such as process. For instance, government alcohol, tobacco, etc. (Dwyer and Bruce initiatives to transfer land titles and 1988). This, in turn, affects child welfare. infrastructural support to women Children in rural India are found more farmers would have a notable likely to attend school and receive demonstration effect. Interventions to medical attention if the mother has more strengthen extra family economic support assets (Duraisamy 1992). Women without for women, including through a independent resources are highly government social security scheme, vulnerable to poverty and destitution in www.ijar.org.in 108 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] would help reduce women’s dependence the United Nations Centre for Human on relatives and especially on brothers in Settlements. whose favor women often forgo their References claims. Overall, economic sup-port would also enhance women’s ability to challenge Agarwal, B. (1994): A Field of One’s Own: inequalities in the family and community. Gender and Land Rights in South Asia
Conclusion (Cambridge: Cambridge University Press). A number of South Asian women’s Agarwal, B. (1995): “Women’s Legal groups also have been arguing for gender Rights in Agricultural Land,” equality in inheritance laws by Economic and Political Weekly, emphasizing that their constitutions Bombay, Review of Agriculture, promise equal treatment of women and March. men. Finally, given that this issue is significant and relevant for women in Agarwal, B. (2001): “Gender and Land many countries, there is scope here for Revisited: Exploring New Prospects sharing experiences and strategies for via the State, Family and Market,” change; for building horizontal linkages paper written for the UNRISD con- between groups with similar goals; and ference on Agrarian Reform, Geneva, for inter-national coalitions both between November. South Asian countries and between Alaka and Chetna (1987): “When Women South Asia and other parts of the globe. Get Land — A Report from This would be facilitated by emerging Bodhgaya,” Manushi 40: 25–26. international support for women’s claims in property. The Convention on the Banerjee, A. (2000): “Land Reform: Elimination of All Forms of Prospects and Strategies,” mimeo, Discrimination against Women (CEDAW) Department of Economics, has focused on equality in property as Massachusetts Institute of Technology, one of its important directives. The Cam-bridge, MA. United Nations Conference on Human Caldwell, J. C., P. H. Reddy, and P. Settlements at its Istanbul meeting in Caldwell (1988): 1996 also focused centrally on women and land. Since then the Huairou The Causes of Demographic Change: Experi-mental Research in South India Commission in conjunction with the UNDP, Habitat, WEDO, and the (Madison: University of Wisconsin Women’s Caucus of the UN Commission Press). on Sustainable Development has held Chadha, G. K. (1992): “Non-farm Sector several discussions with women’s groups in India’s Rural Economy: Policy, world-wide, to examine regional progress Performance and Growth Prospects,” in enhancing women’s access to land and mimeo, Centre for Regional De- property. The Huairou Commission is velopment, Jawaharlal Nehru also re-questing support for a global University, Delhi. campaign to promote women’s claims in land and property, and in housing rights Chakravartty, R. (1980): Communists in for the urban poor under the auspices of Indian Women’s Movements: 1940–
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1950 (New Delhi: People’s Publishing the Contemporary Wom-en’s Movement House). in India (Delhi: Kali for Women). Chen, M. A. (1983): A Quiet Revolution: Government of India (GOI) (1949): Women in Transition in Rural Constituent Assembly of India Bangladesh (Cam-bridge: Schenkman (Legislative) Debates, II, Part 2, Publishing Co.). Debate on the Hindu Code Bill, 25 February, 1 March. Chen, M. (2000): Perpetual Mourning: Widow- hood in Rural India (Philadelphia: University of Pennsylvania Press). Cooper, Adrienne. (1988): Sharecropping and Sharecroppers’ Struggles in Bengal 1930– 1950 (Calcutta: K. P. Bagchi & Company). Custers, Peter. (1987): Women in the Tebhaga Uprising: Rural Poor Women and Revolu-tionary Leadership 1946– 47 (Calcutta: Naya Prokash). Duraisamy, P. (1992): “Gender, Intrafamily Alloca-tions of Resources and Child Schooling in South India,” Economic Growth Center Discussion Paper No. 667, New Haven, CT: Yale University. Dwyer, D. and J. Bruce (eds.) (1988): A Home Di-vided: Women and Income in the Third World(Stanford: Stanford University Press). Elson, D. (1995): “Gender Awareness in Modeling Structural Adjustment,” World Development 23 (11): 1851– 1868. Forbes, G. (1981): “The Indian Women’s Move-ment: A Struggle for Women’s Rights or Na-tional Liberation?” in G. Minault (ed.), The Ex-tended Family: Women and Political Parti-cipation in India and Pakistan (Columbia, MO: South Asia Books), pp. 49–82. Gandhi, N. and N. Shah (1991): The Issues at Stake: Theory and Practice in
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Ambedkar and the Indian constitution with special references to uniform civil code and article 370
P.BalaSwamy, Research Scholar, NagarjunaUniversiity, Guntur ,AP Abstract: Upon India's independence on 15 August 1947, the new Congress-led government invited Ambedkar to serve as the nation's first Law Minister and he accepted the offer after consideration. It was time for india to have its own constitution and the congress led govt was looking for the right person to draft constitution of india. On 29 August 1947, he was chosen and was appointed Chairman of the Constitution Drafting Committee, and was entrusted the responsibility of writing the constitution by the Assembly. Granville Austin described the Indian Constitution drafted by Ambedkar as 'first and foremost a social document'. 'The majority of India's constitutional provisions are either directly arrived at furthering the aim of social revolution or attempt to foster this revolution by establishing conditions necessary for its achievement. The text prepared by Ambedkar provided constitutional guarantees and protections for a wide range of civil liberties for individual citizens, including freedom of religion, the abolition of untouchability, and the outlawing of all forms of discrimination. Ambedkar argued for extensive economic and social rights for women, and won the Assembly's support for introducing a system of reservations of jobs in the civil services, schools and colleges for members of scheduled castes and scheduled tribes and Other Backward Class, a system akin to affirmative action. India's lawmakers hoped to eradicate the socio-economic inequalities and lack of opportunities for India's depressed classes through these measures. The Constitution was adopted on 26 November 1949 by the Constituent Assembly. Key words: constitution, constitutional guarantees, adopted, draft, uniform civil code.
The Constitution of India is the people, with a declaration in supreme law of India. It lays down the its preamble. Parliament cannot override framework defining fundamental political the constitution. principles, establishes the structure, It was adopted by the Constituent procedures, powers and duties of Assembly on 26 November 1949, and government institutions and sets out came into effect on 26 January fundamental rights, directive 1950. With its adoption, the Union of principles and the duties of citizens. It is India became the modern and the longest written constitution of any contemporary Republic of India replacing sovereign country in the world. The the Government of India Act, 1935 as the nation is governed by it. B. R. country's fundamental governing Ambedkar is regarded as its chief document. To ensure constitutional architect. autochthony, the framers of the It imparts constitutional supremacy and constitution repealed the prior Acts of the not parliamentary supremacy, as it is not British Parliament via Article 395 of the created by the Parliament but, by a constitution. India celebrates its coming constituent assembly, and adopted by its
www.ijar.org.in 111 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] into force on 26 January each year, March 1952 and would remain as as Republic Day. member till death. It declares India a sovereign, Uniform civil code is the proposal to socialist, secular democratic republic, replace the personal laws based on the assuring its citizens of justice, equality, scriptures and customs of each major and liberty, and endeavours to religious community in India with a promote fraternity among them. common set governing every citizen. Article 44 of the Directive Principles sets It is drawn from many sources. Keeping its implementation as duty of the State. in mind the needs and conditions of India its framers borrowed different features Lets take for a case: freely from previous legislation 1. It’s lawful for a Muslim man to keep viz. Government of India Act more than one wife but not for a 1858, Indian Councils Act 1861, Indian Hindu man. Of course no woman Councils Act 1892, Indian Councils Act Hindu or Muslim can have more 1909, Government of India Act than 1 husband in our patriarchal 1919, Government of India Act 1935 and society. the Indian Independence Act 1947. The last legislation which led to the creation 2. Hindus can form an undivided of the two independent nations of India family (HUF) to manage their assets and Pakistan provided for the division of better and in the process reduce the erstwhile Constituent Assembly into their taxes but not Muslims or two, with each new assembly having Christians. sovereign powers transferred to it, to 3. Christians can’t file for divorce enable each to draft and enact a new before completion of 2 years of constitution, for the separate states. marriage while other communities Support to uniform civil code: can do so after 1 year of marriage. During the debates in the 4. Christian women get no share in the Constituent Assembly, Ambedkar property of deceased children while demonstrated his will to reform Indian different rules apply to other society by recommending the adoption of communities. a Uniform Civil Code. Ambedkar resigned These observations prompt one to from the cabinet in 1951, when ask, whose law is it anyway! parliament stalled his draft of the Hindu Code Bill, which sought to enshrine This chaotic situation is the result gender equality in the laws of inheritance of religious laws governing matters and marriage. Ambedkar independently relating to marriage, divorce, succession, contested an election in 1952 to the lower inheritance, maintenance etc. house of parliament, the LokSabha, but The question of uniform civil code had was defeated in the Bombay (North been raised time and again since Central) constituency by a little-known independence but post Supreme Narayan SadobaKajrolkar, who polled Courtjudgment in 1985 on “the 138,137 votes compared to Ambedkar's maintenance a divorced Muslim woman 123,576. He was appointed to the upper would be entitled to receive”, this question house, of parliament, the RajyaSabha in www.ijar.org.in 112 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] has acquired a distinct communal provision should affect the personal law overtone. of citizens. He, however, suggested that a possible shift to a common civil code On December 2, 1948, Dr. B.R. could be voluntary for a beginning, Ambedkar, seen as one of the architects meaning only those agreeing to be bound of the Constitution, defended the state’s by it be brought under it. endeavour to put in place a uniform civil code in future by including it among the Article 370 gives special status to Directive Principles of State Policy. Jammu and Kashmir and special provisions in the constitution under But this couldn’t be done by force, he this article are: told the Constituent Assembly, adding that it would be “mad” to introduce it by (1) Notwithstanding anything contained “provoking Muslims.” This was days in this Constitution,— after he had suggested, on November 23, (a) the provisions of article 238 shall not 1948, that the future Parliament could apply now in relation to the state of extend it to those who voluntarily agreed Jammu and Kashmir. to be bound by it. (b) the power of Parliament to make laws “I personally do not understand why for the said state shall be limited to— religion should be given this vast, expansive jurisdiction so as to cover the (i) those matters in the Union List and whole of life and to prevent the the Concurrent List which, in legislature from encroaching upon that consultation with the Government of the field. After all, what are we having this State, are declared by the President to liberty for?” Ambedkar told the correspond to matters specified in Constituent Assembly. “We are having the Instrument of Accession governing this liberty in order to reform our social the accession of the State to system, which is so full of inequities, so the Dominion of India as the matters full of inequalities, discriminations and with respect to which the Dominion other things, which conflict with our Legislature may make laws for that fundamental rights.” State; and He, however, added that the provision (ii) such other matters in the said Lists wasn’t an “obligation” on the state to as, with the concurrence of the introduce a common civil code but just Government of the State, the President gave the state the power to move towards may by order specify. it. “No one need be apprehensive… that (c) the provisions of article 1 and of this if the state has the power, the state will article shall apply in relation to that immediately proceed to execute… that State; power in a manner that may be found to be objectionable by the Muslims or by (d) such of the other provisions of this the Christians or by any other Constitution shall apply in relation to community…,” he said. that State subject to such exceptions and modifications as the President may by On November 23, 1948, he disagreed order specify: with an amendment suggested by some Muslim members that nothing in the
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Provided that no such order which relates records a "solemn compact." Neither to the matters specified in the India nor the State can unilaterally Instrument of Accession of the State amend or abrogate the Article except in referred to in paragraph (i) of sub-clause accordance with the terms of the Article. (b) shall be issued except in consultation Article 370 embodied six special with the Government of the State: provisions for Jammu and Kashmir Provided further that no such order It exempted the State from the complete which relates to matters other than those applicability of the Constitution of India. referred to in the last preceding proviso The State was allowed to have its own shall be issued except with the Constitution. concurrence of that Government. Central legislative powers over the State (2) If the concurrence of the Government were restricted to the three subjects of of the State referred to in paragraph (ii) defence, foreign affairs and of sub-clause (b) of clause (1) or in the communications. second provision to sub-clause (d) of that clause be given before the Constituent Other constitutional provisions of the Assembly for the purpose of framing the Central Government could be extended to Constitution of the State is convened, it the State only with the concurrence of shall be placed before such Assembly for the State Government. such decision as it may take thereon. The `concurrence' was only provisional. (3) Notwithstanding anything in the It had to be ratified by the State's foregoing provisions of this article, the Constituent Assembly. President may, by public notification, The State Government's authority to give declare that this article shall cease to be `concurrence' lasted only until the State operative or shall be operative only with Constituent Assembly was convened. such exceptions and modifications and Once the State Constituent Assembly from such date as he may specify. finalized the scheme of powers and Provided that the recommendation of the dispersed, no further extension of powers Constituent Assembly of the State was possible. referred to in clause (2) shall be necessary before the President issues The Article 370 could be abrogated or such a notification. amended only upon recommendation of the State's Constituent Assembly. Once The clause 7 of the Instrument of the State's Constitutional Assembly Accession signed by Maharaja Hari convened on 31 October 1951, the State Singh declared that the State could not Government's power to give be compelled to accept any future `concurrence' lapsed. After the Constitution of India. The State was Constituent Assembly dispersed on 17 within its rights to draft its own November 1956, adopting a Constitution Constitution and to decide for itself what for the State, the only authority provided additional powers to extend to the to extend more powers to the Central Central Government. The Article 370 was Government or to accept Central designed to protect those institutions vanished. Noorani states this rights. According to the constitutional understanding of the constitutionality of scholar A. G. Noorani, the Article 370 www.ijar.org.in 114 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] the Centre-State relations informed the Applicability of indian laws to decisions of India till 1957, but that it Jammu and Kashmir was abandoned afterwards. Acts passed by Indian Parliament have Presidential orders been extended to Jammu and Kashmir over a period of time. In exercise of the powers conferred by clause (1) of article 370 of the All India Services Act,Border Security Constitution, the President, with the Force Act,Central Vigilance Commission concurrence of the Government of the Act,Essential Commodities Act,Haj The State of Jammu and Kashmir made Committee Act,Income Tax Act,The Constitution (Application to Jammu and Central Laws (Extension To Jammu And Kashmir) Order, 1950 which came into Kashmir) Act, 1956,The Central Laws force on 26 January 1950 and was later (Extension To Jammu And Kashmir) Act, Constitution superseded by the 1968. (Application to Jammu and Kashmir) Dr. Ambedkar was strictly opposed to Order, 1954 which came into force on 14 Article 370, and a bold and honest person May 1954. The 1954 Presidential Order as he was, he had no reservations in was a subsequent to the '1952 Delhi explaining why: agreement' reached between Nehru and the then Prime Minister of Jammu and "You wish India should protect your Kashmir Sheikh Abdullah, that dealt borders, she should build roads in your with the extension of Indian citizenship area, she should supply you food grains, to the J&K "state subjects", and in that and Kashmir should get equal status as order, the Article 35A is added to the India. But Government of India should Constitution of India to empower have only limited powers and Indian the Jammu and Kashmir state's people should have no rights in Kashmir. legislature to define “permanent To give consent to this proposal, would be residents” of the state and provide special a treacherous thing against the interests rights and privileges to those permanent of India and I, as the Law Minister of residents. India, will never do it." This is what Dr. Ambedkar said to Sheikh Abdullah, In addition, 47 Presidential orders have the founder of National Conference, and been issued between 11 February 1956 one of the most prominent leaders of and 19 February 1994 making various Kashmir at the time of Independence. other provisions of the Constitution of India applicable to Jammu and Kashmir. Conclusion All these orders were issued with the BJP leader Subramanian Swamy claimed `concurrence of the Government of the that Dr BR Ambedkar, father of Indian State'. The effect of these orders has been Constitution, and most of the to extend 94 of the 97 subjects in the Congressmen were against Article 370 Union List (the powers of the Central and it was only Prime Government) to the State of Jammu and MinisterJawaharlal Nehru who imposed Kashmir, and 260 of the 395 Articles of it. Addressing a gathering at the Constitution of India. This process SaiSabhagraha, Swamy said, "Nehru's has been termed the 'erosion' of the decision was illegal. He did not take Article 370. permission from the cabinet. When the www.ijar.org.in 115 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] issue came up for discussion in constituent assembly, Dr Ambedkar was so disgusted that he did not take part in it." The BJP leader also stressed that India should implement uniform civil code (UCC). "If Muslims in US, Australia and France can accept it then why can't Indian Muslims do it. In Turkey and Tunisia, Muslims are not allowed to marry twice. Even in Pakistan a man has to take permission from a special tribunal to marry twice," he said. Swamy asked if Muslims wanted a separate civil code then why not they asked for a separate criminal code. "If a Muslim thief is caught he is sent to jail like a Hindu. His hands are not chopped off as per Sharia," he said. References:
1. https://en.wikipedia.org/wiki/Con stitution_of_India 2. https://en.wikipedia.org/wiki/Unif orm_civil_code 3. www.oxfordscholarship.com/view/ 10.1093/acprof:oso/.../acprof- 9780198074083 4. https://en.wikipedia.org/wiki/B._R ._Ambedkar 5. http://www.thehindu.com/news/n ational/ambedkar-favoured- common-civil- code/article7934565.ece
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Textile Art among Mala Caste in Andhra Pradesh: A Folklore Perspective
Lingaiah Gone, Doctoral Scholar at the Centre for Folk Culture Studies, University of Hyderabad, Hyderabad Abstract: The current paper is based on the field experience dung course of material collection to the Ph.D research work. The main focus of the study is to understand the Textile Art among Mala Caste in Andhra Pradesh within the framework of folklore perspective. Whenever we refer textile production has been associated with Padmashali, Devanga and Nethakani are among the popular and there are more than 30 communities involved in textile related art weaving works. It is also important to note that the Mala community is majorly associated with handloom weaving art. It is patronized to known that the Padmashalies, Devangas and other agricultural production communities are highlighted more and Dalits communities are neglected categorically. In the present paper focuses to bring out Mala community involvement in textile weaving art is more than the Padmashali and other communities
Key words: handloom, Dalit Cooperative Societies, Scheduled Castes
Introduction Amaravathi for Andhra Pradesh state being laid by the government on 1st Telugu speaking people of Madras State 0ctober 1953. belongs to Rayalaseema, Datta mandalas became Andhra Pradesh On 1st 0ctober Language, Cultural, dance and cinema 1953. After accepting states and other art forms are popular in reorganization bill new states formed on Andhra Pradesh State. Some of the the basis of linguistic states. In popular art farms are known its Hyderabad state those who speak Marati excellence in yeti koppaka village of became Maharastra, those who speak Vishakhapatnam and Kondapalli of kannada became Karnataka remaining Krishnan district are famous for wooden Telugu speaking people of Nizam state toys along with these textile industries were part of Andhra Pradesh. That is has also grown rapidly. After observing how on 1st November 1956 the then the historical documents, it has been Telangana region of Hyderabad State and observed by the researchers that the Telugu speaking people belongs to Scheduled castes used to be handloom madras state became a separate state weavers. It has been observed that the with Hyderabad as the capital city. Scheduled Castes have been in handloom Neelam Sanjeevareddy became first chief weaving since the time of Indus valley minister of Andrha Pradesh. After 58 civilization. The ‘Madiga’ community years on 2nd june 2014 states were from the Scheduled Castes used to skin reorganization happened due to the animals and make leather slippers separatist movement. Hyderabad will be from the skin that they have skinned united capital for 10 years to both from the animals. These slippers are used Telangana and Andhra Pradesh states. by these ‘Madiga’ community people in Foundation of new capital city called the barter trade as an exchange for other www.ijar.org.in 117 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] products produced by other caste groups. Most of the ‘Mala’ weaving communities The remaining Scheduled Castes, except are from North India. ‘Mala’ community ‘Madigas’ used to engage in the handloom based trade unions and co-operative weaving, and used to supply the societies are there in Uttar Pradesh. handloom garments to OCs and OBCs. There are certain rights groups based in They used to exchange these handloom Delhi to fight for the rights of these products with other products, especially ‘mala’ weaving community. Similarly, the food grains produced by the other caste ‘Mala’ weaving community people are groups. Apart from engaging in the there in Kerala also. Around 1000 handloom production, the scheduled handloom units are there in the state of castes also used to engage in agriculture. Kerala maintained by the ‘Mala’ and Historically, the scheduled castes have backward caste weaving communities. been the drivers of production And all these handlooms are maintained mechanism. The weaving community by women from these communities. Even could only weave cloths if and only they the family is run the women in these are supplied with yarn by the farming communities. A 60 year old male community. But the scheduled castes, individual is designing the designs that Malas1’ especially ‘ are different from the are required for these 1000 handloom weaving community in a sense that these units. In the north-eastern side of Assam communities used to cultivate yarn. The the weaving is done by the scheduled scheduled communities engage in the tribe people. Around 37 percent of the production of yarn at every stage; sowing weavers from India are from scheduled the cotton in the field, cultivating the castes as per government statistics. The cotton, processing the cotton, carrying it remaining 63 percent weavers are from to the spinning mills, lining the cotton, non-scheduled castes. preparing yarn etc., stages of yarn Around 11 percent of scheduled caste production. Hence, it can be observed weaving community are from the Telugu that the ‘Mala’ community is different speaking states of Andhra Pradesh and from other scheduled caste weaving Telangana. Scheduled caste weavers are community in a sense that the ‘Mala’ there in Karimnagar and Pochampally community used to engage in the areas of Telanaga state. It can be said production of yarn from cultivating of that the scheduled caste weaving yarn to preparation of yarn for the community is spread in all areas. handloom industry whereas the other Statistics related to the scheduled caste scheduled castes used to only weave the weaving community is available with yarn produced by the ‘Mala’ community Hyderabad co-operative society, textile of the scheduled castes. department, handloom department, and development commission of India. The year wise data related to the handloom 1 Sydney Nicholson, S. (1926). Social weaving communities from scheduled Organization of the Mala-An Outcaste castes and backward castes are available with these departments. Indian People, The Journal of the Royal Anthropological Institute of Great Britain Scheduled caste weavers are spread and Ireland, Vol. 56, Pp. 91-103. around the Cheerala area of the Prakasam district. Non-weaving www.ijar.org.in 118 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] scheduled castes are more in Telangana. 1. Bailing cotton Marriages also take place between 2. Applying gruel, coconut oil etc., weaving and non-weaving community to the yarn to make it stiff scheduled castes. But in the regions of Andhra Pradesh marriage relations take 3. Making yarn place between ‘Mala’ and ‘Madiga’ 4. Printing communities of the scheduled castes. But only a section of ‘malas’ and ‘madigas’ 5. Winding thread on to cones engage in marriage relations because of 6. Winding the warp on a warping the low level of awareness. Otherwise, mill most of the ‘malas’ and ‘madigas’ marry within their own community. Most of the 7. Spreading the warp on the raddle yarn produced by the ‘Mala’ weaving 8. Winding the warp onto the warp community is purchased by the backward beam caste master weavers only. Some of them sell their product to the cooperative 9. Putting the yarn into the reed societies and some of them sell their ‘Mala’ weaving community also engage in products in the exhibitions. According to making holes on the design cards British authorized documents between supplied by the designer. The designers 1750s and 1850s, ‘Mala’ weaving design different weaving designs on the community used to engage in textile cards and give it to the weavers. The trading. The “Khadi-Arthasastra” also weavers have to make wholes on the says that ‘mala’ communities used to designing cards to execute the design. engage in weaving. The book also These holes are made by the mala explains in detail about different types of weaving community. Scheduled castes weavings that the mala community used around Cheerala area regular engage in to engage in. But the mala weaving this activity. The difference between communities do not have any special scheduled caste weaving community and book that refers to their role in the other weaving communities is that the weaving. Even the epics also do not scheduled caste weaving communities mention about the role of the mala engage in weaving related works from community in weaving. starting to the end whereas the other Mala Weaving Community: Around weaving communities engage in certain 3000 mala weaving community people are stages of weaving only. there around Cheerala area of Andhra Dalit Cooperative Societies: Pradesh. Many villages around this area occupied by mala weaving community. Around 90 percent of the 3000 or Mala community people from areas like something weaving community in and Jandrapeta, Krishna Nagar, Vetapalem, around Cheerala area belongs to the Pedda Mala Palle, Thotavaari Palem, Scheduled Caste community. There are Lakshmi Puram, Sipayeepeta etc., engage two scheduled caste societies in in weaving and other related activities. Prakasam district; (1) Ambedkar weaver Weaving related activities carried society and, (2) a non-governmental out by Mala communities: organization. These societies are in Thatipatti village. Around 300 scheduled
www.ijar.org.in 119 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] caste weaving communities are there in the NIRD has selected the ‘Dalit Weavers this area. Scheduled caste weaving Center’ in Cheerala as the best model communities from surrounding areas like organization. The NIRD also utilized the Kattavaaripalem, Poniki, services of these organization by making Thotavaaripalem, Gangavaram, the members of this organization to visit Aarukattavaaripalem are members of other areas to present about the best these two cooperative societies. All these possible ways of weaving to other people. areas are spread within a 30 kilometer Similarly, the Rural Technologies Park radius to the Cheerala town. Malal (RTP) also exhibits the sarees made in weaving community people are in the Cheerala area. Non-Dalit cooperative Ongole road area also. Apart from these societies have named their societies two cooperative societies there are other against their local goddess like cooperative societies in Andhra Pradesh Maaramjaeya, Bhavanarushi. But Dalit which are as follows… cooperative societies have been running their cooperative societies in the name of 1. Four SC Cooperative Societies in Dalit cooperative societies only. Guntur district Interview with Prakash Rao (Dalit 2. Harijan Society in Mangalagiri of Master Weaver): Prakash Rao got Krishna district married at the age of 23. Cheerala is his (Saraswati Society of BCs is mother-in-law’s home town. He was adjacent to it) unemployed when he came to Cheerala. His wife has weaving related skill. So, 3. Ambedkar Society in both of them started working on a rented Pirangipuram handloom machine. He also employed (Gandhi Society of BCS is two girls from ‘Devanga’ caste and used adjacent to it) to pay them wages for their help in weaving on the handloom. The handloom Around 25% of the members in the SC machine is placed in the house that cooperative societies are BCs and the rest Prakash Rao has been staying by paying 75% are SCs. rent. Initially he used to face difficulties 4. Two cooperative societies in in getting yarn for weaving. So, he used Macherla buy yarn on his own and started weaving cloths. The owner of the house that 5. Three scheduled caste Prakash Rao was staying used to be a cooperative societies in Krishna master weaver, and he used to buy the district products of Prakash Rao. He used to get Around 20% of the scheduled castes in INR 120 for each yard of cloth that he the united Andhra Pradesh are engaged used to weave. And he used to weave two in the weaving profession. Weaving yards of cloth each day. In 1987-88 a communities visit exhibitions through family could survive for a couple of weeks these societies. Dalit weavers are working with INR 240. as mentors in National Institute of Rural Dalit Handloom Weavers’ Development (NIRD). NIRD is making a Development Society, Cheerala: Dalit study on the conditions of the mala handloom weavers’ development society weaving community. And in the process, is part of an NGO. It was started by the www.ijar.org.in 120 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] peoples’ society. This peoples’ society and twenty-five thousand rupees. Here conducts all type of handloom weaving the amount which is government will give related activities. The NGO, with the only one lakh rupees. This amount no use help of the peoples’ society has been for the Dalit weavers to start their own active in pressuring the government to weaving process. Even if they have taken see to that the Dalit weaving community one lakh from the government they need gets the required benefits from the to borrow remaining amount of twenty- government. Another society called ‘Dalit five thousand from the outside. Due to Mahila Karmika Sangam’ (Dalit this technical problems many Dalit Women’s Workers’ Society), composed of weavers depending on the NGO’s to start women Dalit weavers is also active in their weaving process. Cheerala. This society works for the The Dalit weavers in Chirala believe to rights of the women Dalit weavers. lead their livelihood in weaving. But the Conclusion Dalit weavers are facing so much discrimination even in the weaving work. The products which are manufactured by The Dalit weavers were ill-treated and the weavers will give to APCO. Weavers they were not all considered as the need to wait 2 to 3 months of time to give weavers. The senior Dalit master weaver designed goods to APCO. Sometimes the said that Padmashallilu and Devanghlu middle man plays all mischief tricks to community weavers only considered as sell the goods to APCO. These people weavers at present times. The Dalit take the bribe and show the low quality weavers are discriminated in such way goods as high quality products. And they and they are no more considered as sell these products in APCO for the 30 weavers in Chirala today. The weavers per cent discount. There is no need of are issued an ID cards by the talking separately about the corporative governments. But this ID cards issued societies. Among they themselves have only to the BC community weavers even many internal fighting’s and if they are not in the weaving. Even if misunderstandings. For the name sake SC’s are in the weaving they are not there are around 200 corporative issued the ID cards. So much societies but none is functioning properly. discrimination is shown to the Dalit If anyone starts the cooperative societies weavers in Chirala. with the coloration of government will give the lakh or two lakh rupees to In this horrifying situation Dalit weavers support to start the weaving and to bring society member Prakash Rao taken the basic goods to start the process. initiation and made sure that all the Dalit weavers got the Health Insurance cards Many Dalit weavers do not take many under the government welfare scheme. If from the government. For that they have they pay 50 or 100 rupees for every their own reasons and problems. month they will be getting the insurance Generally the governments used to give coverage up to amount of 15000 rupees. the one lakh rupees. But in that one lakh Under this insurance scheme as a in the weavers could not able to get the patient in the hospital can get the necessary and basic machinery to start amount up to 7500 for the purchasing the the weaving process. At least the weavers medicines. And at the same as a needed the amount of around one lakh outpatient they can they avail this www.ijar.org.in 121 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] insurance facility to buy the medicines up today the Dalit weaver’s society has to 7500 rupees. The Dalit weavers and taken steps to bring the change and Dalit weaver’s organizations are fighting development in the lives of Dalit weavers. for the equal rights and facilities for They have given representation and everyone in the weaving. They demand memorandum to central and state for the same importance and prominence governments. They have met the should be given to the Dalit weavers as concerned ministry and explained the same as BC community weavers. concerned issues to them. But still today there is no change in the lives of Dalit Besides the societies of weavers the weavers. government runs a cluster programmes. The central government runs this cluster The number of Dalit community is in the programmes. To participate in this weaving has coming down day by day. It’s cluster programmes the weaver should also because of the less livelihood maintain the latest designs, use of new opportunities in weaving. And basically technologies and goods should be like a there is no financial support to the Dalits exported quality. The Dalit weavers in weaving. Always they are depending should be given proper traininning and on the BC community for their work. more opportunities under this cluster New designs and varieties were designed programmes. The share of the Dalit only by the BC community weavers. Dalit community in Chirala population is 16 community weavers are lacking in the per cent. And in that 11 per cent of Dalits design of new designs and varieties. Due were in the weaving. These statistics to the lack of training and much exposure which shows that more number of Dalits in the field they could not able to design were in the weaving. That’s the reason the new varieties. the Dalits are demanding for 37 per cent Always BC weavers were given the more reservation for them in the cluster preference and more chances. Whenever programmes. They seek for the 30 to 50 there is a new order they will be given per cent of contribution in the cluster the first preference. If any new contract programmes. As of now there is no much that they needed 100 saris they will existence of the Dalit weavers in the provide everything and given the order. cluster programmes. They claim that the These practices are giving the more quota and share of the Dalit weavers too wages to BC community weavers than enjoyed by the BC community weavers. the Dalit community weavers. Such times Need to be invested 25 to 50 lakhs rupees BC weavers use the ‘baaru’ to weave the to participate in the cluster programmes. sari. From this baaru they get the 5 to 6 In this scenario it’s an unimaginable saris. Baaru means it will have 4 to 5 thing for the Dalit weavers. In this regard saris. And those 5 saris will come with they are pleading to the governments to the blouse too in that baaru. If it is 6 avail these facilities through the banks. saris there won’t be blouse in that baaru. The Dalit weaver’s society in Chirala It costs 4 to 5 thousand to weave the one organizing good number of meetings to baaru and it takes minimum one week to bring the changes in the policies matters 10 days. These kind good orders will not of weaving. They conduct different reach the SC community weavers. If they meetings and workshops to bring the are getting more orders then they will awareness among the Dalit weavers. Till give some items to the Dalit community www.ijar.org.in 122 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] weavers which are really will not give In the future BC community much profit. weavers too will follow the footsteps of the Dalit weavers and Some among those items are shirtings, go away from the weaving. lungis and etc. These items will give them very less wages. The rupees 1000 paid for The surveys which have done by the shirting. But for this Mazdur will central government through the take the minimum of 10 days. If this NGO’s said and submitted their work has done by a wife and husband report that in the coming years their minimum wages for day is only 50 the weavers will drastically rupees. These are the things in Chirala reduce day by day. literally made Dalit weavers lives In the Dalit community weavers miserable and they could not able to lead leaving the weaving and their livelihoods. migrating to distance places for the works. Some Dalit weavers are looking for some BC community weavers are alternative jobs which can help them to managing the family and children lead their livelihood. Mainly these people education in planned manner. going for the agriculture works to sustain These weavers giving the the lives. Whenever they are free they education to children and helping will spend the time on the looms by them to settledown in their lives. weaving the some products. Lack of the In each BC weavers family we can employment opportunities in weaving see that there are engineers, many is quitting the weaving. doctors, lectures and teachers. Steps To Develop The Weavers: There are 23000 weavers in the There should be some who should Chirala around 5 to 6 years back. give designs and ask for the Among them 11000 weavers have weaving. their own looms. The remaining weavers depend upon them and The weavers should adopt the lead their livelihood. The senior new designs in quick succession weavers express their fear that in and there should be people who coming 5 to 6 years the number can buy and market the new of looms will reduce to around products in the market. 5000. They should develop the design As per the reports of NGO’s every which is expecting by the cluster. child of the weavers family are studying. They are educating The weaver should develop the them to complete their new design by his own and should intermediate and graduation. market by himself only. Educating their children till get The governments should provide the good jobs. Many weaver the opportunities to participate in family children are getting the the exhibitions and give them jobs in Hyderabad, Bangalore, some subsidies to develop them. Bombay, Pune and Delhi. After
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settling down in the cities they programmes should be initiated by the are taking away their family too. government. That’s the reason the weavers are References decreasing gradually. D. Narsiha Reddy, Pulugujju Only high skill laborers can only Suresh (Eds.), (2006,) Ceeneeta managing to continue in weaving Samskobhamlo process. Teevramavutunna Mahila According to the age pattern Samasyyalu, Centre for there are only 10 per cent Handloom Information and weavers are 25 years old and 90 Policy Advocacy (CHIP), Chirala. per cent of them are 40 years old. Gajam Govardhana (2012), In the coming years these Telugunaata Ceeneeta, Telugu weavers will reduce to only 10 per Academy, Hyderabad. cent. Kokyo Hatanaka (1996), Textile Every year weavers has to work arts of India, Chronicle Books, on their daily wages only. San Francisco. The government should recognize Sydney Nicholson, S. (1926). and will have the list of master Social Organization of the Mala- weavers. An Outcaste Indian People, The All the weaving societies should Journal of the Royal work under the one umbrella. Anthropological Institute of Great Britain and Ireland, Vol. 56, Pp. Every society should conduct 91-103. their own survey and come up with the address the problems of V.Nurjehan, R. Shantha, weavers. P.R.Reddy (Eds), (1978), Vastraalu Dustulu (Textile and The every home included in the Clothing), Telugu Academi, survey and gathered the Hyderabad. information going each and every home. To extract the data from the families needed to ask the few
questions. They are like how many children you have, what they are studying, how much they are yearning, how much amount you spend for their education, how much you spend for the family wealth and how they spend for the clothes. Overall the construct research study has to do on the weavers. By the research we can come to know the conditions and situations of the weavers. All these www.ijar.org.in 124 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
Ambedkar and Indian Democracy: Philosophical Perspective
Dr. Hari Babu Muppalla, Lecturer in Foundations, Ghulam Ahmed Elementary Teacher Education College Banjara Hills, Hyderabad. Telangana
Abstract : Democracy is a form of political system which is central to the modern world or society. Not only a political system but also the people centric government. Therefore democracy should be understood in terms of welfare government. Philosophy seeks to adopt a systematic approach and is generally based on rational argument while addressing issues connected with existence, knowledge, values, reason, mind, and language. “Philosophy is the study of problems which are ultimate, abstract and very general. These problems are concerned with the nature of existence, knowledge, morality, reason and human purpose”1 Ambedkar’s philosophy has roots in religion and he derived his philosophy from his master, the Buddha which brings out conceptualistic pragmatism. For Ambedkar justice is liberty, equality and fraternity and utility is the criteria for evaluating the Hindu religion. His approach is close to John Stuart Mill’s Utilitarianism, according to which there is no antagonism between justice and utility. Ambedkar maintains that the difference between the two is one of emphasis. While the utility approach is society centric, justice approach is individual centric. Ambedkar was basically a social philosopher and Humanitarian, interested in the in the uplifted of downtrodden in particular and the masses in general. This paper brings out how Dr. B. R. Ambedkar’s philosophy is deeply embedded in and encompasses democratic thoughts.
Key Words: Democracy, Downtrodden, Humanitarian, Liberty, Philosophy, Pragmatism.
1 Jenny Teichmann and Katherine C. Evans, Philosophy: A Beginner's Guide (Blackwell Publishing, 1999), p, 1. www.ijar.org.in 125 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
Introduction elected representatives. It is the government of the people, for the people Ambedkar’s philosophy is a philosophy of and by the people. In this structure of profound and original insights. The main government, it is the people who are characteristic is that the Ambedkar’s highest and self-governing. They have philosophy is not a pontification of power over the government. They are certain idealistic and unfathomable open to elect a government of their own abstract ideas and thinking but it is choice. Individual’s free will of choice is exposition of logical reasoning and the central part of democracy. conclusions which form the fabric of a rational and just society, and such We, the people of India, having solemnly exposition has resulted from the keen resolved to constitute India into a and critical observation of the social Sovereign Socialist Secular Democratic structures. Social process aims to impact Republic and to secure to all citizens: a social transformation through Justice, social, economic and political; analytical thinking and reasoned arguments. This philosophy is based on Liberty of thought, expression, belief, effervescent expositions of liberty, faith and worship; equality and fraternity, seeking to banish Equality of status and of opportunity; servitude. Thus this is an exercise in the and to promote among them all exposition of the social and moral philosophy of Babasaheb. Fraternity assuring the dignity of the individual and the unity and integrity of Ambedkar was a firm believer in the Nation democracy. For him democracy was an ideal to be pursued in all circumstances In our constituent assembly this twenty- and in all claims. “Democracy must learn sixth day of November, 1949, do hereby that its safety lies in having more than adopt, enact and give to ourselves this one opinion regarding the solution of any constitution. particular problem and in order that Later, this preamble has been amended people may be ready to advice with their in 1976 by 42nd amendment of Indian opinions, democracy must learn to give a constitution we also added words respectful hearing to all those who are Socialism and Secularism and we have worth listening to”2. This statement lays declared that Indian state as ‘Welfare emphasis on democracy which acceptance State’. This is the central to philosophy of diverse views and work towards a of Dr. Babasaheb Ambedkar which is respectful conformity. reflected in Indian constitution. Indian Democracy- Preamble of Ambedkar’s Philosophy Indian Constitution Ambedkar believed that the education Democracy is a form of government in only can bring freedom, justice, equality, which people are ruled by their own awareness, truth for fearlessness. Besides, character is important for him. 2 Ambedkar, B. R, (1989), Writings and Speeches, Education Department, Government of Maharashtra, Bombay, Vol. 17, Part-III, p, 169. www.ijar.org.in 126 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
“I am a man of character”3 he wrote. In and will continue to be suppressed and this regards he continued that educated mutilated. If in the political struggle, the man without character and humility is Hindus win and we will lose. My final more dangerous than beast. If his word of advice to you is to educate, education was detrimental to the welfare agitate and organise, have faith in of the poor, he remarked, the educated yourselves and not lose hope”5. man was a curse for society. Ambedkar Ambedkar considered that education emphasized that “character is more should be pragmatic in nature. He felt important than education”. In the words education was essential for material of Ambedkar, “the rule in life, they progress. He dealt upon at length on the should keep in mind, was that they must banalities in Hindu education. He cherish a noble ideal. Whatever might be elucidated the fact that the study of one’s ideal either of national progress or Vedas was prohibited for the common self-development, one should patiently masses and was restricted only to a few exert oneself to reach it. He further said privileged sections of society like that one should concentrate one’s mind Brahmins and this had given rise to and might on one’s goal. Man must eat to denial of the right to read and write. live and should live and work for the Ambedkar severely criticised, condemned wellbeing of society”4. It clearly says that and overruled the rules formulated by man should develop in the state. This is Manu on the right to learn and teach the what our constitution precisely mentions. Vedas. He condemned this archival In our constitution we have declared that prohibition on the spread of knowledge liberty, equality and justice as and learning of Vedas. Hence, with his fundamental rights to provide all citizens keen sense of rationalism and reason, he of India through democratic political could not endorse the education as system. envisaged in the Hindu scriptures. The philosophy of Ambedkar envisages However, he was a strong advocate for education to be a means of social the right to education for all. The engineering and social transformation for education he envisaged was the one removal of inequalities from society and which would enable the individual to means for empowerment of the depressed achieve equal rights, self respect, classes. “…ours is a battle, not for wealth material progress and morality. This has or power, it is a battle for freedom. It is a to be seen as an education which is a battle for the reclamation of human continuous process. This kind of personality which has been suppressed education which Ambedkar envisaged and mutilated by the Hindu social system had the potential for social, cultural, moral and spiritual upliftment. Hence, education can only bring the changes in 3 Writings and Ambedkar B. R. (1989). any society which is based on the Speeches . Education Department, rationality. Government of Maharastra, Bombay, Vol. 17, Part-I, p, 211-213. 4 Ambedkar B. R. (1989). Writings and Speeches. Education Department, 5 Address at all India Depressed Classes Government of Maharastra, Bombay, Vol. conference held at Nagpur on 18th & 17, Part-III, 193. 19th July 1942 www.ijar.org.in 127 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
Conclusion Therefore, Ambedkar’s philosophy is the philosophical base for our Indian Ambedkar’s call to the depressed classes democracy. Ambedkar was a philosopher has been: “educate, organise and with astounding views on education, agitate”. Thus, “education” is the first morality, and social transformation. He requirement. Ambedkar always was a man who led the Indian masses considered that education makes man into a new world of hope, social order and fearless, teaches unity, makes him morality which lead to a sound (real) understand the birth - rights and teaches democratic system. him to struggle and fight for freedom. He References was of the opinion that education must make people capable, teach equality and Ahhuwalia, B. K, (1981), Dr. B. R. morality. It should safeguard the Ambedkar and Human Rights, interests of humanity, disseminate Vivek Publishing Company, New knowledge and invoke the feeling of Delhi. equality in society. If it does not, it cannot be termed as education. Ahir, D.C, (1990), The Legacy of Dr. Ambedkar’s philosophy of morality Ambedkar, B.R, Publishing guides his concepts on education in Corporation, New Delhi. democracy. In this context, Ambedkar Ahir, D.C, (1997), Selected Speeches of advocated an educational system that Dr. B. R. Ambedkar, Blue Moon helps one to realise one’s full potential, Books, New Delhi. gain opportunities for employment and living and imbibe the values of equality Ambedkar, B. R, (1989), Writings and and justice. He also considered education Speeches, Education Department, as means for developing the feeling of Government of Maharastra, fraternity. For this, he spoke about Bombay. settling up by hostels for the depressed Dewey, John, (1916/1917), Democracy class students. This kind living of and Education: An introduction to together is the symbol of unity and it the philosophy of education. New shows the adjustment of the individual York: Macmillan. child in a social group. Ambedkar’s philosophy deeply influenced the social, Jatava, D. R, (1990), Social Philosophy of legal, cultural and political life of India. B. R. Ambedkar, Rawat While Ambedkar addressed the problems Publications, Jaipur and New of the depressed classes only, the impact Delhi. of his philosophy has been so vast that a Keer, Dhananjay,(1954), Dr. B. R. new era of concern for social justice and Ambedkar: Life and Mission, the recognition of fundamental rights Popular Prakashan, Bombay. have sprung up. The Fundamental Rights have been guaranteed to all citizens of Lobo, C.G.J, (1984), Ambedkar: The the country, mainly due to the Champion of Social Democracy in Ambedkar’s philosophy. The philosophy India, Hilerina, Bangalore. of Ambedkar has become a matter for study on alleviation of the misery of millions of oppressed classes in Asia.
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Lokhande, G.S, (1977), Bhimrao Ramji Ambedkar: A Study in Social Democracy, Intellectual Publishing House, New Delhi. Mathew, Thomas, (1991), Ambedkar Reforms and Revolution, Segment Books, New Delhi. Narain, A.K and Ahir, D.C, (1994), (Ed.), Dr.Ambedkar, Buddhism and Social Change, B.R. Publishing Company, Delhi. Valerian, Rodrigues, (2008), The Essential Writings of Ambedkar, Oxford University Press, New Delhi.
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Bharat Ratna Dr. B.R. Ambedkar’s views on democracy and its Relevance to the Presnet Scenario
Dr. B. Naga Padmavathy, Vice-Principal, SG Lecturer in History, SKSD Mahila Kalasala UG & PG (A), Tanuku
M.P. Karthik Madhav, II MBA, GITAM’S Deemed University, Visakhapatnam Abstract: Democracy, from common man’s perspective is nothing but freedom, liberty. However, to understand the true meaning and importance of the concept of Democracy we have to depend upon the ideas of Bharata Ratna Dr. B.R. Ambedkar, the Chief Architect of Indian Constitution. This article is an attempt to analyze the views of Dr. B. R. Ambedkar on Democracy and to study position of Ambedkar on issues whose relevance is even felt at present. Keywords: Dr. Ambedkar, Democracy, Constitution, Relevance
Introduction assembly of containing politico-legal scholars like Dr. B. R. Ambedkar, Dr. B. The Indians’ sense of their rich N. Rau, A. Ayyangar, Alladi cultural heritage, their record of Krishnaswami Ayer etc. Dr. Ambedkar’s professional achievements in the arts and contribution in the framing of democratic sciences of the modern world, and their Constitution of India is enormous and faith in their ability to govern long lasting. themselves, combined to give them a national maturity that allowed a Democracy from Dr. Ambedkar’s reasoned approach to the creation and perspective: working of government.” Commenting on the Democracy, Thus wrote Granville Austin, Dr. Ambedkar said, “There is one thing renowned scholar of the Indian which I think is very necessary in the constitution and constitutional assembly working of democracy and it is this that debates, in his famous book, ‘The Indian the name of democracy there must be no Constitution: Cornerstone of a Nation.’ tyranny of the majority over the minority. The minority must always feel In his book he described the Indian safe that although the majority is constitution as “first and foremost a carrying on the government, the morality social document,” one that embodied the is not being hurt, or the minority is not objectives of a “social revolution.” being hit below the belt.” 2016 is the 125th year of birth He further stated that, anniversary of legendary Indian Legal “Democracy is not a form of government, Philosopher apart from him being but a form of social organization.” Dr. economist, politician Dr. B. R. Ambedkar, Ambedkar always had the socialistic who played a vital role in framing the approach which is clearly visible in his Constitution of India. The democratic statements about democracy. He nature of India flows from Constitution believed that, Democracy essential in of India, adopted by the constituent
www.ijar.org.in 130 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] imparting social justice. He laid down Reflection of principles of certain conditions in this regard. They democracy in Indian Constitution: are as follows; The preamble of Indian There should not be glaring Constitution recognizes India as a inequalities in society, that is, Democratic nation endeavoring to secure privilege for one class; to the citizens of India, Justice, liberty, equality and Fraternity. The Constitution The existence of an opposition; of India with long parliamentary debates Equality in law and administration; drafted by the committee of wise people headed by Dr. B.R. Ambedkar borrowed Observance of constitutional from various Constitutions of the world morality; over and Government of India Act, 1935 No tyranny of the majority; enacted during British days and having undergone more than 102 amendments, Moral order of society: and now comprises of 39 5 Articles divided in Public conscience. 12 Parts and 12 Schedules, which broadly imbibes and adopts democratic values. In views of Dr. Ambedkar, Political democracy cannot succeed without social Democracy in Indian Context: and economic democracy. For him, the According to Ambedkar, best mode of achieving socio-economic democracy means fundamental changes democracy is to achieve political in the social and economic life of the democracy at the first instance. The people and the acceptance of those importance of ideas of political social and changes by the people without resorting economic democracy lies in the fact that, to disputes and bloodshed. He wanted to rights cannot be enjoyed by the citizens establish the principle of one man, one of any nation in the absence of them. The vote and one value not only in the coexistence of all three democracies is political life of India but also in social and imperative to achieve the goals of economic life. He wanted political equality and fraternity as enshrined in democracy to be accompanied by social the preamble of our Constitution. democracy. He gave central importance Underlining the importance of to social aspects of democracy over democracy, Dr. Ambedkar stated that, “It political aspects, unlike many others seems to me that there lies on us a very whose discourse on democracy is confined important duty to see that democracy to the political and institutional aspects. does not vanish from the earth as the Ambedkar paid greater attention to social governing principle of human linkage among people than separation of relationship. If we believe in it, we must powers and constitutional safeguards for both be true and loyal to it. We must not democracy. The concept of power only be staunch in our faith in contained in his thinking has a direct democracy, but we must resolve to see relationship between social power and that whatever we do not help the enemies political power. He was conscious of the of democracy to uproot the principles of social and economic inequalities which liberty, equality and fraternity” corrode the national consciousness of the Indian people. Ambedkar said, “We must
www.ijar.org.in 131 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] make our political democracy a social The magnitude of corruption in our democracy as well. Political democracy public life is incompatible with the cannot last unless there lies at the lease concept of a socialist secular democratic of it social democracy”. republic. It cannot be disputed that where corruption begins all rights end. He says, “Democracy cannot Corruption devalues human rights, function in the absence of basic civil chokes development and undermines liberties – which enables the community justice, liberty, equality, fraternity which to vindicate itself against the state are the core values in our Preambular furthermore, the right to criticize, if it is vision. to be effective, must include the right to organize opposition through political Criticizing the system of caste in parties. Representative democracy is India, Dr. Ambedkar believed that, caste essentially procedural. It is characterized divides the society, thereby resulting in by free expression, free parties and free absence of equality and hampering the election.” To Ambedkar, “Political parties existence of true democracy as enshrined are indispensable in parliamentary above in the words of Dr. B.R. Ambedkar. democracy, for democracy without a Ambedkar fought against caste party system is unconceivable. There and injustice because he found that there should be a regular party system.” were no human rights for a large Ambedkar preferred that at least two majority of the people. He rebelled parties are essential in democracy for its against such a social organization. He fructification. A party in power and A wanted to vitalize the masses in India, for party in opposition. equal human rights. For removing the Dr. Ambedkar was one of the social, economic, political and religious admirers of freedom and self-government disabilities of the untouchables, it was of India. And he stood for a democratic necessary to establish Government of the system of administration. Dr. Ambedkar people, for the people and by the people. preferred the elected rulers or the Only under a democratic system of government to hereditary rulers for a government could social economic, good and democratic administration. He political and religious freedom he ensured emphasizes that the administration must equally to every man and woman. His be free of corruption and dishonest ways ultimate aim of life was to create a “real of administrating things. social democracy”. Corruption is one of the biggest Conclusion: challenges before the Indian Democracy In the views of Dr. Ambedkar in today’s era. Misuse of public offices for “Indian Democracy is workable, it is personal gain goes against the basic flexible and it is strong enough to hold tenets of Indian Democracy. In the the country together both in peace and in words of Hon’ble Supreme Court, war time. However the journey of Indian corruption in our country not only poses Democracy has not been smooth and easy a grave danger to the concept of and it has time and again, faced many constitutional governance, it also challenges like emergency (1977) to threatens the very foundation of the recent debates on tolerance and Indian democracy and the Rule of Law. intolerance. There are still unresolved
www.ijar.org.in 132 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] challenges before Indian Democracy. The thoughts of Ambedkar provide an answer to the question of whether we achieve religious tolerance, equality, gender respect, justice and peace in the light of political philosophy of Bharata Ratna Dr. B.R. Ambedkar whose memory will ever guide the nation on the part of liberty, equality, fraternity, justice which are core values of Democracy. Reference:
1. Austin Granville Indian Constitution, the cornerstone of a Nation (New Delhi, Oxford University Press), 2007. 2. Constitutional features and Indian Democracy, Available at, http://hcraj.nic.in/paper- speech/ConstituionDemocracy.pdf, Accessed on 15th Feb.2016. 3. B.R.Ambedkar: Writing and Speeches, vol-9 ,p-168. 4. B.R.Ambedkar: Writing and Speeches,vol-1, p-41. 5. Vikrant Sopan Yadav., Dr. B.R. Ambedkar’s views on Democracy and Indian Constitution: An Analytical Appraisal.
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B.R.Ambedkar and his Philosophy on Indian Democracy:
B. Ratna Raju, Lecturer in English, Palivela College of Education, Kothapeta, E.G. Dist.
Abstract: The main goal of the study is to analyze and evaluate critically the idea of B.R.Ambedkar, the great Indian constitution maker, regarding Indian democracy and to capture the position of Ambedkar on issues whose relevance is even felt at present. Analyzing the idea of democracy of Ambedkar in details, it can be found out that Ambedkar had unshakeable faith in democracy. In his conception of exploitation less society, democracy has an extra-ordinary role which he defined as ‘one person, one vote'; and 'one vote, one value'. Democracy means empowerment of any person for participating in the process of decision-making relating to her/him, democracy means liberty, equality and fraternity - Ambedkar's definition of democracy had such a tone. This research gives closer and analytical insight into the thoughts of Ambedkar and provides an answer to the question of whether we, the Indian, achieve religious tolerance, human equality and freedom, true democracy, gender respect in the society, justice and peace in the light of political philosophy of Ambedkar whose memory will ever guide the nation on the path of justice, liberty and equality. Key words: exploitation, religious tolerance, human equality
1. Introduction: contributions to the contemporary political ideas. Dr. Bhimrao Ramji Ambedkar (1891- 1956), ‘a symbol of revolt’ (as mentioned B.R.Ambedkar stood apart from his well- by Pandit Jawaharlal Nehru, the first known famous contemporaries of India in Prime Minister of independent India), three respects. First, being a great was one of the front-ranking nation- scholar, social revolutionary and builders of modern India. He is popularly statesman, he had in himself a known as the ‘pioneer’ who initiated the combination of these attributes that one ‘liberation movement’ of roughly sixty- rarely possesses which made him five million untouchables of India. Yet, distinguished from other intellectual Dr. Ambedkar, the chief architect of personalities of that time. As an Indian Constitution, notwithstanding all intellectual, gigantic personality and handicaps of birth, has made, by pursuit creative writer, he had imbibed of knowledge in the humanities, social knowledge that was truly encyclopedic. sciences, politics and law, an indelible The range of topics, width of vision, imprint on the body politic of the depth and sophistication of analysis, country. A glance of his copious writings rationality of outlook and essential would evidently show that despite his humanity of the arguments that he came- preoccupations with the problems of the up with made him different from his dalits (Untouchables), Ambedkar has in illustrious contemporaries. his own way, made significant
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Secondly, Ambedkar never wrote merely India. Viewed from the subject of political for literary purpose. In his scholarly science, those ideas obviously merit pursuit as in his political activities, he attention. But, scholars who have worked was driven by a desire to comprehend the on Ambedkar’s different ideas fail to vital issues of his time and to find bestow due importance on these aspects solutions to the problems of Indian of his thinking. As a background to this society. With this motivation, he article, it has been considered intervened, at times decisively in shaping appropriate to present the position of the social, economic and political Ambedkar on the central issues with development of the nation during its which Ambedkar was preoccupied and formative stage. There was hardly any the issues, which continue to confront the issue that arose between the early 1920s Indian society and its polity and and the mid-1950s in India to which economy. The present study is a humble Ambedkar did not apply his razor-sharp attempt to make a comprehensive and analysis, whether it was the question of objective analysis of philosophy of minorities, reorganization of states, B.R.Ambedkar regarding Indian partition, constitution or the political and democracy keeping in minds the gaps and economic framework for an independent lapses in the existing literature on India. Ambedkar. The third unique aspect of Ambedkar lies In this article, an attempt has been made with the nature and kind of questions he to provide an insight into B.R. delved into. What is probably most Ambedkar’s idea on democracy. He was a important in a thinker and intellectual is true democrat and advocated a not so much the answer they provide but democratic society based on the the question they raised. Ambedkar principles of natural justice, equity and raised the questions that were classification according to aptitude, simultaneously relevant and ability and profession. The roots of uncomfortable. Relevant as they were democracy lie not in the form of critical for the nation-in the making and Government but in the social uncomfortable as very few were willing to relationships. He considered caste system acknowledge the existence of those in India as a serious obstacle in the path issues. Ambedkar raised certain pressing of democracy. He said “The first issues in his characteristic style that no condition precedent for the successful one was willing to take up or deal with. working of democracy is that there must In course of his public life over three be no glaring inequalities in the society. decades, Ambedkar was fully convinced Secondly, there must be statutory that politics should be the instrument to provisions to mitigate the sufferings and fight for justice in adorning all sections of to safeguard the interest of the the Indian people with freedom. As such, suppressed and oppressed people. he tirelessly worked towards the goal of The society must be based on the justice for the untouchables in an unjust principles of liberty, equality and society, mainly through political means. fraternity in order to ensure social In the course of these activities, endosmosis”. According to him, economic Ambedkar developed his own ideas about inequalities are inherent in the capitalist society and politics of the contemporary economy which makes political equality www.ijar.org.in 135 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] assured by democracy worthless. Thus, in alternative sources of information according to Ambedkar, the failure to existed. Architects of democracy must recognize that political democracy cannot determine the constitutional structure succeed where there is no social and that best suits the needs of a particular economic democracy has vitiated country, alternative forms of parliamentary democracy. Ambedkar constitutional democracy include maintained therefore that though parliamentary versus presidential forms “parliament democracy developed a of government, plurality versus passion for liberty, it never made a proportional representation system and nodding acquaintance with equality. It federal versus unitary systems. failed to realize the significance of In a Parliamentary system, the Prime equality and did not even endeavor to Minister is elected by the parliamentary strike a balance between liberty and process and can be removed from office equality, with the result that liberty by a vote of no confidence from the swallowed equality and left a progeny of Parliament. Executive and legislative inequalities” powers are fused in a Parliamentary 2. General connotation of System. In a Presidential system, the Democracy: President is elected directly by the people and there is a formal separation of Democracy is the most valued and also powers. the indistinct political terms in the modern world. The ancient Greek word In the mid 1970’s the third wave of ‘democracy’ means rule by the demos, democratization began in southern which can be translated as either ‘the Europe – Portugal, Greece and Spain. It people; or ‘the mole’ depending on one’s spread throughout Latin America, as the ideological preference. By itself, military returned to the returned to the democracy means little more than that, barracks. It moved into Asia, with India, in some undefined sense, political power Pakistan, Turkey, the Philippines and is ultimately in the hands of the whole South Korea restoring democracy. adult population and that no smaller Finally, the spread to the communist group has the right to rule. Democracy countries of Eastern Europe. Between can only take on a more useful meaning 1974 and 1990, some thirty countries when qualified by one of the other word made transitions from authorization to with which it is associated, for example, democracy, approximately doubling the liberal democracy, representative world’s number of democracies. The third democracy, participatory democracy or wave of democratization occurred, in direct democracy. Although all free most cases, through negotiations, societies are democratic, democracies can elections and nonviolence. fail to protect individual freedom. 3. B.R. Ambedkar’s idea of Countries are generally considered Democracy in Indian context: democratic to the extent that they have fair and frequent elections in which According to Ambedkar, democracy nearly all adults have the right to vote, means fundamental changes in the social citizens have the right to vote, citizens and economic life of the people and the have the right to form and join acceptance of those changes by the people organizations and to express themselves without resorting to disputes and www.ijar.org.in 136 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] bloodshed. He wanted to establish the national improvement, his aim has to principle of one man, one vote and one have justice and freedom for the people in value not only in the political life of India the real sense. He aspired for having a but also in social and economic life. He government of the people, for the people wanted political democracy to be and by the people. According to accompanied by social democracy. He Ambedkar, democracy means no slavery, gave central importance to social aspects no caste, no coercion. He wants free of democracy over political aspects, thoughts that choice and capacity to live unlike many others whose discourse on and let live, which his conscience, would democracy is confined to the political and be the right path to democracy. institutional aspects. Ambedkar paid Ambedkar says “Democracy is a mode of greater attention to social linkage among associated living. The roots of democracy people than separation of powers and are to be searched in social relationship, constitutional safeguards for democracy. in terms of the associated life between The concept of power contained in his the people who form the society”. thinking has a direct relationship Ambedkar is the greatest political between social power and political power. thinker. Outwardly this may see strange He was conscious of the social and that in India, life was the monopoly of the economic inequalities which corrode the Brahmin caste and was completely national consciousness of the Indian denied to other castes for thousands of people. Ambedkar said, “We must make years. However, here no contradiction is our political democracy a social involved. It was the very privileged democracy as well. Political democracy position assigned to the Brahmin that cannot last unless there lies at the lease became the cause of the retardation. In of it social democracy”. Ambedkar paid Indian society, property, illiteracy, caste serious attention to religious notions that distinctions as the positive dangers to promote democracy. Ambedkar viewed democracy. In these situations, the religious foundation of caste as the educational facilities and economic help fundamental obstacle to democracy in should be provided for those who are India on the one hand and the Buddhist illiterate and backward on one hand and doctrine of liberally, equality and on the other, who want to wipe on the fraternity as the foundations for roots of caste system in order to democracy on the other hand. He writes, safeguard the interest of democracy. “It is common experience that certain Ambedkar says, “If you give education to names become associated with certain the lower strata of the Indian society notions and sentiments, which determine which is interested in blowing up the a person’s attitude toward men and caste systems, the caste system will be things. The names, Brahmin, Kshatriya, blown up”. At the moment, the Vaisha and Shudra are hierarchical indiscriminate help given to education by divisions of high and low caste, based on the Indian Government and American birth and act accordingly”. Ambedkar foundation is going to strengthen the thinks of democracy from the viewpoint caste system. Giving education to those of practical life. He belongs to the who want to blow up caste system will realistic school of political scientists. He improve prospect of democracy in India is not bothered about the principles and and put democracy in safer hands. theories of political science. During the www.ijar.org.in 137 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected]
In Indian society, class structure is a principles of life, liberty and pursuit of positive danger to democracy. This class happiness are considered to be the structure made a distinction of rich and essentials of human life in Ambedkar’s poor, high and low, owners and workers, concept of democracy. He attaches more an permanent and sacrosanct parts of importance to human well being and The social organization. “Practically speaking effective opposition is an important factor in a class structure there is, on the other in the working of a successful democracy. hand, tyranny, vanity pride, arrogance, Democracy means a veto power. There greed, selfishness and on the other, are two aspects of the veto power, one is insecurity, poverty, degradation, loss of the long term veto of five years and the liberty, self reliance, independence, other -an immediate one. There must be dignity and self respect.” According to people in the parliament immediately Ambedkar, the aim of democracy is ready there and then to challenging essentially need for the interest of society Government. as a whole, and not for any class, group or Secondly, there must be equality in law community. Therefore, Dr. Ambedkar, and administration for efficient while speaking on “conditions functioning of democracy and there is precedent for the successful working of need of a permanent civil service for Democracy”, in Poona, emphasized that, implementing the policy of the “The first condition which I think is a Government .The importance of free condition precedent for the successful opposition and consent is a needful working of democracy is that there must requirement of popular Government, be no glaring inequities in the society. Ambedkar says “Democracy is There must not be an oppressed class. unrealizable without freedom of political There must not be a suppressed class. discussion. A right to vote gives a man no There must not be a class which has got real part in controlling government the entire privileges ad a class which has unless is free to form his own opinions got all the burdens to carry. Such a thing, about his vote, to near what others have such a division, such an organization of to say about the issues and to persuade society has within itself the germs of a others to adopt his opinion.” Democracy bloody revolution and perhaps it would to Ambedkar is “a form and a method of be impossible for democracy to cure government whereby revolutionary them.” To him, real democracy is opposed changes in the economic and social life of to the suppression of minorities. The the people are brought about without suppression and exploitation of bloodshed.” In democracy, there should minorities in any form is the negation of be no tyranny of the majority over the democracy and humanism. If suppression minority. The minority must always feel is not stopped, then democracy safe that although the majority carrying degenerates into tyranny. Ambedkar on the Government, the minority will not holds that the individual in society is an be hurt and that the minority will not be end in him and he has certain inalienable imposed upon. Ambedkar appreciated right in social relationship, which must Harold Laski for his insistence on the be guaranteed to him by the consumption moral order as a basic necessity of on certain reasonable conditions and be democracy. He says that if there is no protected by the state. The democratic moral order, democracy will get to pieces.
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It requires a “Public conscience”. “A The democratic principles of life, liberty political democracy without an economic and pursuit of happiness are considered and social democracy is an invitation to to be the essentials of human life in trouble and danger”. Social democracy Ambedkar’s concept of democracy. He alone can assure to the masses the right attaches importance to human well being to liberty, equality and fraternity. So, and human rights. The essence of democracy is not only a form of democracy, to Ambedkar, is that as many government but a way of life through members of a society as far as possible which social justice can be established. should share in the exercise of human Social justice ensures that society should rights. It means that there should be promote the welfare of all. Democracy is equal opportunities for all citizens and a dynamic attitude towards human life. It harmony among the claims of each attaches a great importance to virtues person. Discrimination in human rights like tolerance and peaceful methods. is the very negation of social and political Thus, parliamentary democracy involves democracy. Thus, Ambedkar puts non-violent methods of action, peaceful emphasis on equality, and liberty of ways of discussion and acceptance of human rights. According to Ambedkar, decision with faith and dignity, There are parliamentary democracy has all the two other pillars on the which parliament marks of a popular Government, a system rests. This system needs an government of the people, by the people opposition and free and fair elections. and for the people. In parliamentary Ambedkar says ,“ In a Parliamentary democracy, there is the executive who is democracy, there should be at least two subordinate to the limitative and bound sides. Both should know each other well. to obey the legislative. The Judiciary can Hence a ‘financial opposition’ , is needed control both the executive and legislative opposition which is the key to a free and keep them both within prescribed political life. No democracy can be bounds. Ambedkar says, parliamentary without it.” In modern times, Dr. democracy has not been at a standstill. It Ambedkar appears to educate and was progressed in three directions. It enlighten people to adopt the fair means began with equality of political rights by for a change of government. “Election expanding in the form of equal suffrage. must be completely free and fair. People Secondly, it has recognized the principle must be left themselves to choose whom of equality of social and economic they want to send to the legislatures.” opportunities. Thirdly, it has recognized that the state cannot be held at bay by The consequences of the caste system on corporation which is anti-social in their politics and election are quite obvious. purpose. Parliamentary democracy Caste are so distributed that in any area produces the best result in the long run, there are major castes carrying the seats because it assigns great significance to of Assemblies and Parliament by sheer virtues like ability and cooperation, communal majority voting is always mutual respect and self help, discipline communal, because the minority and devotion to work, for the happiness communities are coerced and tyrannized of the millions of people. The system of for casting their vote in former of a parliamentary democracy, thus, embodies particular candidate. the principle of change and continuity to which Ambedkar attaches great www.ijar.org.in 139 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] importance. To him, only the spirit of the realize that political democracy cannot people can help parliamentary democracy succeed where there is no social and to function well. People and democracy economic democracy. Some way question are closely related to each other. this proposition. To those who are Ambedkar says, democracy is another disposed to question it, I will ask a name for equality. It is, therefore, a counter question. Why parliamentary matter of some surprise that there has democracy collapsed so easily in Italy, been a revolt against parliamentary Germany and Russia ? Why did it not democracy although not even a century collapses so easily in England and the has elapsed since its universal acceptance U.S.A ? To any mind, there is only one and inauguration. There is revolt against answer – namely, there was a greater it in Italy, in Germany, in Russia and in degree of economic and social democracy Spain, and there are very few countries in in the latter countries than it existed in which there has not been discontent the former. Parliamentary democracy against parliamentary democracy. Why developed a passion for liberty. It never should be this discontent and mode even a nodding acquaintance with dissatisfaction against parliamentary equality. It failed to realize the democracy ? There is no country in which significance of equality and did not even the urgency of considering this question endeavor to strike a balance between is greater than it is in India. India is liberty and equality. Ambedkar says, ‘I negotiating to have parliamentary have referred to the wrong ideologies democracy of the erroneous ideologies which in my judgment have been which have been responsible for the responsible for the failure of failure of parliamentary democracy. I parliamentary democracy. All political have no doubt that the idea id freedom of societies get divided into two classes – the contract is one of them. The idea became rulers and the ruled. If the evil stopped sanctioned and was uphold in the name here, it would not matter much. But the of liberty. Parliamentary democracy took unfortunate part of it is that the division no notice of economic inequalities and did becomes stereotyped and stratified so not care to examine the result of freedom much so that the rulers are always drawn of contract on the parties to the contract, from the ruling classes and the class of in spite of the fact that they were the ruled never becomes the ruling class. unequal in their bargaining power. It did People do not govern themselves, they not mind if the freedom of contract gave established a government and leave it to the strong opportunity to defraud the govern them, forgotten that is not their weak. The result is the parliamentary government. That being the situation democracy in standing out as a parliamentary democracy has never been protagonist of liberty has continuously a government of the people or by the out as a protagonist of liberty has people, and that is why it has never been continuously added to the economic a government for the people. wrongs of the poor, the downtrodden and Parliamentary democracy, the disinherited class. notwithstanding the paraphernalia of a popular government, is in reality a Ambedkar says, the second wrong government of a hereditary subject class ideology which has initiated by a hereditary ruling class. It is those parliamentary democracy is the failure to vicious organization of political life which www.ijar.org.in 140 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] has made parliamentary democracy has against such a social organization. He not fulfilled the hope it held out the wanted to vitalize the masses in India, for common man of ensuring to him liberty equal human rights. For removing the property and pursuit of happiness.’ Dr. social, economic, political and religious Ambedkar was one of the admirers of disabilities of the untouchables, it was freedom and self-government of India. necessary to establish Government of the And he stood for a democratic system of people, for the people and by the people. administration. Dr. Ambedkar preferred Only under a democratic system of the elected rulers or the government to government could social economic, hereditary rulers for a good and political and religious freedom he ensured democratic administration. He equally to every man and woman. His emphasizes that the administration must ultimate aim of life was to create a “real be free of corruption and dishonest ways social democracy”. The concept of his of administrating things. He says, social democracy included human everyone must share the responsibilities treatment and human rights to all, for the successful working of the without which it can be no sure and democratic institutions in the land, stable political life anywhere. The 19th otherwise; the feelings of public welfare century meaning of democracy is that and co-operation would not be each individual should have a vote, does strengthened. He says, “Democracy not stand up to full test of social and cannot function in the absence of basic political democracy. Without social civil liberties – which enables the democracy, neither political liberty, nor community to vindicate itself against the the unity of the nation can be state furthermore, the right to criticize, if maintained. According to him, political it is to be effective, must include the right democracy rests on four premises: - these to organize opposition through political are – parties. Representative democracy is i) “The individual is an end in himself. essentially procedural. It is characterized by free expression, free parties and free ii) The individual has certain inalienable election.” To Ambedkar, “Political parties rights which must be guaranteed to him are indispensable in parliamentary by the constitution. democracy, for democracy without a iii) The individual shall not be required to party system is unconceivable. There relinquish any of his constitutional rights should be a regular party system.” as a condition precedent to the receipt of Ambedkar preferred that at least two a privilege. parties are essential in democracy for its fructification. “A party is necessary to iv) The state shall not delegate powers to run government. But two parties are private persons to govern others.” necessary to keep government from being The dignity of the individual, political a despotic. A democratic government can liberty, social progress and human rights remain democratic only if it is worked by are necessary constitutional safeguards two parties – a party in power and a party which form Ambedkar’s basic decent in opposition.” Ambedkar fought against democratic ideals in the political caste and injustice because he found that democracy. there were no human rights for a large majority of the people. 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To him, the ground plan means sympathy, no love and no give and take of the social structure of a community to life’s hopes. which the political plan is sought to the 4.Summary&Conclusion: applied. Political democracy and liberty are nothing if not beaked and bucked up The main goal of the study is to analyze by equal social patterns, because the and evaluate critically the idea of political structure rests on the social Ambedkar regarding Indian democracy structure. “Indeed, the social structure,” and to capture the position of Ambedkar he says “has a profound effect on the on issues whose relevance is even felt at political structure. It may modify it in its present. A detailed analysis of his life and working. It may nullify it or it may even mission reveals that Ambedkar held the make a chery of it.” It is therefore, basic and fundamental norm, to be essential that before passing any equality- social, economic and political, Judgment on any scheme of political from which he proceeded to lay down a relationship even making plans for collection of ‘ought’ propositions; in this economic reforms, the people must hierarchy of ‘ought’, the initial consider the ground plan that means fundamental ‘ought’ on which the social relations, Democracy should be validity of all the other ultimately rests, regarded as both a social and a political the fundamental norm seems to be the method. “The soul of Democracy”, he social equality, the justification for the says, “is the doctrine of one man, one rest of the legal reforms and changes he value”. This principle finds intrinsic persistently fought for. It was a society worth in the individual personality of full of social inequalities in which each man in political and social relation. Ambedkar was born. The humiliation he This stands for the economic well being experienced in such an in egalitarian of the people, without which democracy, society bore on imprint in all thought his to him, has no value.” The sum of life. Analyzing the idea of democracy of democracy, according to him, essentially Ambedkar in details, it can be found out consists in the economic welfare of all that Ambedkar had unshakeable faith in men living in a particular society, besides democracy. Ambedkarism is of great its realization in political relation. relevance to Indian society even today in Otherwise, democracy would kill its own achieving social justice, removal of soul and democracy without soul would untouchability, in establishing equality be useless, unrelated to human and freedom and true democracy. aspirations. In India, to Ambedkar, the Democratic socialism is the key note of people have not realized that it is equally his political thought and essential to prescribe the shape and form constitutionalism is the only way to of the economic structure of society for achieve it. In conclusion, it can be said the benefit of the majorities of men. They that this research gives closer and have not escaped hopes for economic analytical insight into the thoughts of democracy and emancipation, one vote Ambedkar and provides an answer to the after the long five years, has no meaning question of whether we, the Indians, to the starving man. It has no achieve religious tolerance, human significance to the man who is always equality and freedom, true democracy, exploited, rebuked and repressed. It has gender respect in the society, justice and no value to him for whom there is no peace in the light of political philosophy www.ijar.org.in 142 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] of Ambedkar whose memory will ever guide the nation on the path of justice, liberty and equality. References:
1. Ambedkar (1923),”D.Sc., dissertation on “ The Problem of Rupees” London: King and Sen publication. 2. Ambedkar (1918), “Small Holdings in India and their Remedies”, Journal of Indian Economic Society, Vol.I. 3. Ambedkar(1943),“First Session of the Plenary Labour Conference, Dr.Ambedkar on Social Security,” Indian Information, Sept.15, p.105. 4. Ambedkar (1945), “Multipurpose Development of the Damodar Vally, “Aug.23, 1945, Indian Information, Delhi, Oct.10. 5. Ambedkar (1947), “State and Minorities,” Vasant Moon (1979), vol.1 Dept.of Edn., Maharashtra, Mumbai.p.408. 6. Ambedkar (1956) “Buddha and Karl Marx” Vasant Moon (1987), vol.3 Dept., of Edn., Maharashtra, Mumbai.p.441 7. Ibid., p.411 10.Ambedkar(1936), “Annihilation of Caste,” Vasant Moon (1979), Vol.1, Dept.of Edn., Govt.of Maharashtra, Mumbai, p.60. 11.Ibid.,p.61.
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Leadership vision of Dr. B R Ambedkar
Ramesh krishna vipparthi, Lecturer, Department of Commerce ,SCIM Government Degree College, Tanuku, West Godavari D.T, A.P.
Abstract: Dr.Babasaheb Ambedkar was brilliant intellectual, powerful orator, prolific writer, the maker of India’s constitution,and a profoundly significant revolutionary who championed human rights and human dignity as a true path-finder towards a higher human civilization. Dr.B.R.Ambedkar was a man with a mission in his life. Leadership was forced upon Dr. B.R. Ambedkar because he was born in a poor untouchable family. He suffered all the pangs of an untouchable. When he experienced inhuman treatment, he resolved to fight out and eradicate the evil system of untouchability. He has popularly known as the pioneer who initiated the liberation movement of roughly 65 million untouchables of India. He was a scholar as much as a “man of action”. He was in the favour of education and equal rights for everyone. He has been regarded as a ray of hope, for downtrodden in India. His vision of democracy and equality was closely related to good society, rationality and the scientific outlook. Thus Ambedkarism is the great relevance to Indian society to achieve social justice, removal of untouchability, in establishing equality and true democracy. The objective of this paper is leadership vision of Dr. B R Ambedkar for present Indian society. Keywords : Multifaceted, Personality, Intellectual, Leadership, Nation, Society.
Introduction: Babasaheb Ambedkar largest untouchable caste in the area now was brilliant intellectual, powerful orator, called Maharashtra. From this caste, prolific writer, the maker of India’s Dr.Ambedkar emerged a champion of the constitution, and a profoundly significant untouchables in India and influenced the revolutionary who championed human national movement for independence in rights and human dignity as a true path- order to give it a social content and also finder towards a higher human the socio-political policies of independent civilization. Dr.B.R.Ambedkar was a man India. with a mission in his life. The mission was the eradication of untouchability and The life history of Dr.Ambedkar securing political, economic and social was the relentless struggle of a justice through appropriate political downtrodden community in our country movement. against social tyranny. By his courageous struggle and dedicated life, he raised Leadership was forced upon Dr. B.R. himself to greatness, and was a constant Ambedkar because he was born in a poor source of inspiration to his fellowmen. untouchable family.He suffered all the The study made an attempt to know his pangs of an untouchable. When he leadership visions experienced inhuman treatment, he resolved to fight out and eradicate the Though Dr. Ambedkar started his evil system of untouchability. career as a leader of the Depressed Classes, and had a limited goal of Dr.Ambedkar (1891-1956) came from improving their lot he tried to see that western India, from a caste of Mahar, the they enjoyed the benefits of liberty, www.ijar.org.in 144 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] equality and fraternity. He became an all- distinction between merely living and India leader, a great social revolutionary living worthily. For living a worthy life, and the chief architect of the Ambedkar said, society must be based on Constitution of India. liberty, equality and fraternity. For Ambedkar, social tyranny is more RESEARCH METHODOLOGY oppressive than the political tyranny and "a reformer who defies society, is a much The research is based on the secondary more courageous man than a politician, data collected through various resources who defies government". like journals,books, and web sites.The objective of this paper is leadership vision Dr. Ambedkar's views on Indian of Dr. B R Ambedkar for present Indian nationalism in opposition to the society. Dr. Ambedkar main contribution dominant discourse of Hindu nationalism with leadership skills states the below as represented by Raja Rammohan Roy, 1.Dr. Ambedkar and Nationalism B.G. Tilak, Mahatma Gandhi, Jawaharlal Nehru, Golvalkar and Shyama Prasad Mookerjee on the one hand, and Dr. Ambedkar was an Communist-secular-socialist nationalism iconoclastic social reformer who at the represented by M.N. Roy, R. P. Duta, T. very formative years of his career realized Nagi Reddy and E.M.S. Namboodripad on what it meant to be an untouchable and the other, are not only distinct but also how struggle against untouchability original. Hindu nationalism in essence could be launched. The social reform aims at strengthening the Brahamanical movement of the caste Hindus could not supremacy in the post-colonial India. The win him to its side because of his communist-secular-social nationalism existential understanding of the pangs of though based on abolition of class, its untouchability. The issue of ideologues like that of the Hindu untouchability, for social reformers, was nationalism also belonged to the upper- a mere problem. This problem was castes and were myopic to the Dalits exterior to them in the sense that it tribulations. affects only the untouchables. They themselves had never experienced the Ambedkar believes that for the success sinisterous blows of untouchability. of machinery and modem civilization or for rational economic relationship, He built a strong case against the democracy is essential. A society, which "Janama" (birth) thesis of the does not believe in democracy,may be untouchability which foreclosed all the indifferent to rational human ways for Dalit emancipation. He exhorted relationships. He thinks that a non- its victims to oppose it tooth and nail. He democratic society may well content itself said, "It is disgraceful to live at the cost of with a life of 'leisure and culture' for the one's self respect. Self-respect is most few and a life of 'toil and drudgery' for the vital factor in life. Without it, man is a many; but a democratic society must mere cipher. To live worthily with self- assure a lifeof leisure and culture to each respect one has to overcome difficulties. one of its citizens so that they may live a It is out of hard and ceaseless struggle life of happiness, peace and prosperity.In alone that one derives strength, the same breath what bothers Ambedkar confidence and recognitionn". He drew a www.ijar.org.in 145 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] as the greatest hurdle on the way political democracy which this Assembly todemocracy is the widening of the gulf has so laboriously built up.” between the 'learned' and 'ignorant class’ and 'leisure' and 'laboring class'. These Ambedkar believed primarily in are what he calls as 'national class the efficacy of law and legislation, and he distinctions' that cannot be obliterated struggled to evolve a constitutional root and branch. Ambedkar's emphasis mechanism to fashion India of his on the rational basis of economic dreams, where quality, liberty and relationship involves the two fraternity would have an unhindered fundamental concepts: the concept of play. In Ambedkar’s vision of India, all 'statesocialism' and the concept of citizens would be equal before law; they 'constitutional law and parliamentary have equal civic rights, equal access to all democracy institutions, conveniences and amenities maintained by or for the public; they 2.Ambedkar Idea of Equality possess equal opportunities to settle or reside in any part of India to hold any He incorporated the values of public office, or exercise any trade or liberty, equality and fraternity in the calling, here all key and basic industries Indian Constitution. Based on the belief would be owned by the state. He pleaded that any scheme of franchise and for special privileges and safeguards for constituency that fails to bring about the Dalit’s as scheduled Castes. In short, representation of opinions as well he demanded equality, which would not representation of persons falls short of only lead, to the redressed of the past creating a popular government, he wrongs but also provide sufficient submitted the Constitution with a leverage, may be by way of compensation, warning. He said in his speech delivered as seabed to ensure their leveling up. – in the Constituent Assembly on 25th B.R. Ambedkar, his life, work and November 1949, “Political democracy relevance. cannot last unless there lies at the base of 3.The Hindu Code Bill, 1948 it social emocracy.” By social he means a way of life, which recognizes liberty, equality and fraternity as principal of life. In 1948 when the Hindu Code He further said: “On 26th January 1950, Bill was introduced in parliament and we are going to enter into a life of debated on the floor of the house, the contradictions. In politics we will have opposition was strong against the Bill. equality and social and economic life we Ambedkar tried his level best to defend will have inequality. In politics we will be the Bill by pointing out the ecognizing the principal of one man one Constitutional principlesof equality, vote and one vote one value. In our social liberty and fraternity and that in the and economic life, we shall, by reason of Indian society characterized by the caste our social and economic structure, system and the necessary for a social continue to deny the principal of one man change in which women have equality in one value. We must remove this a legal frame system and the oppression contradiction at the earliest possible of women since women are deprived of moment or else those who suffer from equality, a legal frame work is necessary inequality will blow up the structure of for a social change in which women have
www.ijar.org.in 146 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] equal right with men. However, the Bill Ambedkar, "is simply another name for could not withstand the opposition from liberty, equality and fraternity." This the Hindu orthodoxy. In reality, the Bill forms the corner-stone of Ambedkar's was a threat to patriarchy on which concept of social justice. It upholds the traditional family structure, was bounded dignity of human personality. As the and that was the major reasons behind chief architect of India's Constitution, he the opposition. Therefore, on the eve of got it shaped clearly on the values of the first elections in 1951 Prime Minister justice, liberty, equality, fraternity and Jawaharlal Nehru dropped the Bill by dignity of man. These ideals of social saying that there was too much justice denote brotherly relations of a opposition. On this issue the then Law citizen with every other citizen in our Minister Dr. Ambedkar resigned. His society; and it abhors caste-barriers explanations for resignation show how between man and man; and demands the parliament of independent India respect for all citizens from everyone. deprived its women citizens of even basic The spirit of social justice here gives rights. His resignation letter dated 27th significant place to mutual regard and September 1951. responsibility in social life. What does social democracy mean? It means a way Although most of the provisions of life which recognizes liberty, equality proposed by Ambedkar were later passed and fraternity as the principles of life. during 1955-56 in four bills on Hindu These principles of liberty,equality and ‘marriage’ succession, minority and fraternity are not to be treated as guardianship and maintenances and later separate items in a trinity. They form a in 1976 some changes were made in union of trinity in the sense that to Hindu law it still remains true that the divorce one from the other is to defeat basic rights of women have yet to be the very purpose of democracy restored to them even after fifty years of the working of the Indian Dr. Ambedkar’s Leadership Vision Constitutionbased on the principle of liberty, equality and justice to all Indian Throughout his life citizens. However, the Hindu code Bill Dr.Ambedkar came before his helped the resurgence of feminist countrymen and before the world as a movement in India. This crusade of professor,a lawyer, an erudite person, a Ambedkar to emancipate women from legislator, a constitutionalist, a social injustice inspires the women leader in reformer, a political leader, a cabinet parliament to keep the issue alive until minister a constitution-maker and above its enactment. This was the starting all a community leader. point for women to recognize their Foresight position and pursue rights movement by : acquiring strength from second wave Dr. Ambedkar personally feminism started in the early 1960s. experienced the pangs of an untouchable. 4. Social Justice So the ways of his predecessors to remove untouchability were discarded by him. In B.R.Ambedkar on Social Justice 1928 he established Depressed Class As earlier referred to, "Justice", for Education Society to organize the
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Depressed Class on sound basis. He Dr.Ambedkar grasped the established People’s Education Society seriousness of the situation at the second and started many colleges in Bombay and conference Mahad in December , 1927. Aurangabad. In 1956, in the changed The poona pact was a set-back to circumstances, he formed the Republican him, but he satisfied his followers. Party of India-not a communal party.
He had the foresight to visualise His acceptance of the membership that the British are going to withdraw of the Viceroy’s Executive Council was from India. He made a compromise with criticized by many but he defended his the Congress and with the support of the action on the ground that by his action, Congress, became the Chirman of the indianisation of services might be Drafting Committee of the Constitution. facilitated. Any portfolio from finance to defence and Confidence home to industry would have been ably : Dr.Ambedkar had the handled by Dr. Ambedkar. ability to create confidence in the minds of his followers and establish credibility. Courage : Personal integrity:
When Dr. Ambedkar led the morcha to the Mahad Tank he was aware that all Dr.Ambedkar’s personal integrity satyagrahis would be beaten. But he did in public life, uncorrupt softness not swerve from the chosen path. In the character-were beyond doubt.Even his first general strike of the textile workers enemies never questioned about this. in 1928 he supported the strike wave. In After his resolve to renounced Hinduism, the agitation against the anti-strike bill he discarded several offers about joining the independent Labour Party, joined some other religions, remained firm and hands with Communists. When the did not sacrifice his liberty. He set aside struggle for the United Maharashtra was many jobs and played the role of a going on, he opposed it; but when he dedicated worker for the uplift of the found that separation of Bombay city was downtrodden. harmful to the interests of Marathi- Profound scholarship: speaking people, he supported ‘Maharashtra with Bombay’ agitation. Dr. Ambedkar studied social as well as political problems facing India. His Capacity to take his followers: scholarship was bookish, but it was Dr.Ambedkar had the capacity to oriented towards society. In the midst of take his followers with him and guide public life he maintained his scholarship. them. At Mahad and at Nasik Kala Rama Conclusion: Mandir, he led the satyagraha offered by age-old social tyranny. Nobody expected Though Dr. Ambedkar started his immediate success but he created career as a leader of the Depressed confidence in the minds of his followers. Classes, and had a limited goal of Ability to grasp seriousness of the improving their lot he tried to see that they enjoyed the benefits of liberty, situation: www.ijar.org.in 148 International Journal of Academic Research ISSN: 2348-7666; Vol.4, Issue-3(6), March, 2017 Impact Factor: 4.535; Email: [email protected] equality and fraternity. He became an all- Movement : A Chronology, 1991 India leader, a great social revolutionary Popular Prakashan, Bombay, India. and the chief architect of the 4 Keer, Dhanjay,Dr. Babasaheb Constitution of India. Ambedkar Life and Mission, 1971, Popular Prakashan, Mumbai, India. Dr. Ambedkar as a leader of the 5 Kumar, Narender , B. R. Ambedkar : masses went ahead of his followers. He Perspectives on Social Exclusion and joined mass movements but when he was Inclusive Policies, 2009, Oxford not backed by mass movements, he University Press, New Delhi, India. became isolated and pro-government and 6 Mallaiah, L.C., The Relevance of Dr. communal tendencies became dominant. B. R. Ambedkar’s Views on Indian Agricultural Development, 2006, Leadership was forced upon him; Abhijeet Publications, Delhi, India. because he was born in a poor 7 Narendra jadhav:Ambedkar, untouchable family. He suffered all the Awakening India’s Social Conscience, pangs of an untouchable. When he 2014, Konark Publishers, New Delhi, experienced such inhuman treatment, he India. resolved to fight out and eradicate the 8 Omvedt, Gail, Ambedkar Towards evil system of untouchability. By and Enlightened India, Viking, temperament he was not after Penguin Books, New Delhi, India. leadership,but the leadership was thrust 9 Dr.K.K. Kavlekar Political ideas and upon him and he did his job by sacrificing leadership of Dr. B.R.Ambedkar everything for it.In his speech at 10 Prakash, Deo, Socio-Economic Khatmandu on 20 November, 1956, he Thoughts of B. R. Ambedkar, 2004, remarked,”it is, therefore quite necessary Manak Publications Pvt. Ltd., New for those who believed in the Buddhism Delhi, India. to tackle the younger generation, and to 11 Saxena, K. S., Ambedkar and Nation tell them whetherBuddhism can be a – Building, 2009, Rawat Publications, substitute for communism. It is then only Jaipur, India. that Buddhism can hope to servive.”It is 12 Zelliot, Elenaor Ambedkar’s World, erroneous to paint him as a leader who The Making of Babasaheb and the did a monumental task of keeping his Dalit Movement, 2013, Navyana brethern aloof from communism. Publishing Pvt. Ltd., New Delhi, References: India.
1 Ahir, D.C. The Legacy of Ambedkar,
Delhi 1990. 2 Dr. B. R. Ambedkar Plan of Individual, Society, State and Nation – A Plan For Creating Enlightened India, i.e. PraBuddha Bharat in 21st Century, 2012. 3 Kadam, K. N., Dr. Babasaheb Ambedkar and the Significance of His
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