Saturday, 31 May 2025

Race, Caste and Discrimination

 

                                Race, Caste and Discrimination

-                                                                                             BHAGWAN DAS


 

Discrimination has been practiced by the dominating groups against the weaker and smaller groups for centuries. Discrimination is the child of prejudice born of fear and ignorance. Buddha was perhaps the first among the great religious leaders of the world who took practical steps to educate people against prejudice and discrimination. Society in his time was, as the society in India is horizontally and vertically divided into hundreds of castes. He had rejected the theories propounded by the Brahmins in regard to the creator God, soul and caste system. He laid emphasis on right living, right thinking, compassion and loving kindness. Unfortunately, as Buddhism developed and spread throughout the world many things, which were opposed to his teachings, were incorporated in the Dhamma. Castes exist and untouchability is practiced in many countries of Asia where majority of the people profess Buddhism.

Race has been defined as "a biologically distinctive major division of a species in which the differences between recognised races exceed the variations within them." Human population is divided into many races on the basis of physical appearances, which are born of geographical and climatic differences.

Racism is a comparatively recent phenomenon. But racial discrimination has a long history. Jews in Europe became easy victims of discrimination after the rise of Christianity while the Jews are proud of the fact that they are the chosen people of God because a very large number of prophets, philosophers, scientists, thinkers rose among them. But the widespread persecution and oppression culminating into the 'final solution' launched by Adolf Hitler of Germany to exterminate the Jews made many declare, "Let God choose some other race. We have enough of it."

Racism has attracted more attention during the 19th and 20th century because of the struggle for emancipation launched by the Negroes or to use the new title "African Americans" and persecution of Jews in Nazi Germany.

Caste has attracted little attention. Caste is an Indian phenomenon and has done more harm that the discrimination based on race, colour or descent. The main difference between race and caste is that while race is based on physical or biological differences, caste has the sanction of religion and strengthened and perpetuated by culture and economic interests. Caste was phenomenon peculiar to India and partly because of the ignorance on the part of the people who drafted the universal Declaration of Human Rights and partly because of the attitude of Indian leaders, Article 2 says:

"Everyone is entitled to all the rights and freedoms set forth in this declaration, without dis-tinction of any kind, such as RACE, COLOUR, SEX, LANGUAGE,

RELIGION, POLITICAL OR OTHER OPINION, NATIONAL OR SOCIAL ORIGIN. PROPERTY, BIRTH OR OTHER STATUS."

One can stretch the definition and cover caste and 'social origin' or birth but was not the intention of the authors of the Declaration as is evident from the declaration and covenants of the U.N. passed and approved subsequently.

In the U.N. Declaration on the Elimination of All Forms of Racial Discrimination. in Article 1 wording was "Discrimination between Human beings ON THE GROUND OF RACE, COLOUR OR ETHNIC ORIGIN .. " In the International convention on the Elimination of All Forms of Racial Discrimination." Word "DESCENT" has been used in part I. Article 1. This convention came into force on 4th January 1969.

Caste has sanction in the scriptures of Hinduism starting from the Vedas. Purush Sukts mentions the four-fold division - Brahmin (priestly caste) Kshatriya (warrior or ruler), Vishes (trading merchant, etc.,) and Shudra (servant of the three preceding Varnas.

All other books of the Hindus have provision to maintain this division. Endogamy was an essential condition. Anybody who violated the principle was excommunicated and his progeny was declared out caste. Those who had fought against the Aryan invaders, Dasas, Dasyus, Nagas etc. were also treated as 'untouchable'. In later period one finds people declared to be not only untouchable, but also un-seeable and unapproachable, because Hindu lawmakers believed that even the sight and shadow polluted the upper caste people. In order to make identity easy restriction on dress, habitat etc., were also imposed. In order to keep them poor laws were framed and enforced them to keep them divided, dependent, dispirited and week. The result was that they could not unite and fight against their oppressors.

From India caste spread to other lands - Sri Lanka, Tibet, Korea, Japan - in fact wherever the Indians went and settled down as traders, merchants or priests. If Shinto religion inculcated the idea of purity and impurity, Brahmin Buddhist missionaries introduced the stratification of society. This idea could not take root in China but many other countries fell victim to this pernicious division of society involving prejudice and hostility against men and women who performed essential duties like weaving, flaying the dead animals, sweeping the streets, removing the garbage, making bows and arrows, and carrying messages or guarding the burial grounds.

To keep them ignorant, laws were framed and enforced by Brahmin and other Hindu rulers to keep them ignorant and illiterate.

Caste is still thriving in India. It is evident from the fact that most of the upper caste people take pride in displaying their caste origin, by adding caste names. such as Mishra, Sharma, Pande, Iyer, Iyengar. Namboodri, Anand, Kakker, Shrivastava, Arora, etc.

Dr. B.R. Ambedkar who had taken up the cause of Untouchables and struggled for their emancipation right from the early decades of the century awakened them, organised them and led them to assert their rights as human beings. He won for them political rights in 1932 which were incorporated in the Government of India Act, 1935. Untouchables won the right to elect their own representatives to the legislature. Mahatma Gandhi vehemently opposed this because he feared this would weaken the Hindu society. He went on fast unto death and agreement popularly known as Poona pact was signed between the untouchable leaders and the Hindu leaders. Untouchables lost the right to elect their own representatives. They were given more seats but Hindus won the right to elect the representatives of the untouchables.

Dr. Ambedkar served as Labour Member (Minister) in the Viceroy's Executive council from 1942-46. It was through his efforts that some seats (8%) were reserved in the Government offices in favour of the untouchables. He resigned in 1946.

He was appointed as Law Minister and Chairman of the Drafting Committee in the first Government after transfer of power in 1947. He played a significant role in getting the Constitution passed by the Constituent Assembly in 1949. He could not get all the provisions made in the constitution, which were in the interest of the deprived section of the society, yet many provisions such as reservation of seats in the legislature. Reservation of seats proportionate to population in public services, facilities for promoting higher education's etc., were made in the constitution. Since U.N. Declaration was also being drafted during the same period many of the Human Rights were included in the Fundamental Rights and Directive principles of India's constitution.

Untouchables or Dalits as they like to be called now, have benefited from these provisions made in the constitution and laws like Protection of Civil Rights Act, 1955 (Amended in 1976) and Prevention of Atrocities Act 1989. It is one thing to make provision in the constitution and quite another to implement them. Much depends on the will of the people or party who are in power and their political need and also on those who are entrusted with the duty to implement the political will and the laws enacted by the legislature. India presents a poor picture in this respect mainly because of the deep-rooted hostility and prejudice against the Dalits having the sanction of religion traditions and customs.

Before presenting the constitution to the constituent Assembly Chairmen of the Drafting committee, Dr.B.R. Ambedkar said,

"The United States has no caste problem. In India there are castes. The castes are Anti national. In the first place because They bring about separation in social Life. They are anti-national also, because they general jealousy and antipathy between caste and caste. But we must overcome all these difficulties if we wish to become a nation in reality. For fraternity can be fact only when there is a nation. Without fraternity. equality and liberty will be no deeper than coats of paint."

Prejudices die very hard. The example of United States of America is before us. Slavery was abolished and all slaves were freed. Racism still exists and affects the life of millions of Afro-Americans who are still struggling for equal rights. The same applies to the Japanese where a large number of people performing essential duties and unpleasant jobs were condemned to live in "ghettos' outside the villages and town inhabited by upper caste and upper-class people. They were given a new name - Burakumin – when caste system was legally abolished. They are the untouchables of Japan even though like the untouchables of India, Nepal, Pakistan, Afghanistan, Africa, and Arab countries they belong to the same race. They are hated and marriages between these two sections of society ae looked down upon by the dominating group. Some manufacturing companies do not employ men and women even if they have the necessary qualifications. Like the untouchables of India, they have been victims of silence.

It is about time that the international organisations, U.N.O., U.N.E.S.C.O. Amnesty International Human Rights organisations take more effective steps to educate people so that the world may get rid of these dehumanising practices. Laws exist as they do in India against untouchability and discrimination but history tells us it is not enough to have laws alone and to expect the government to implement them. Globalisation especially in the economic field leading to privatisation is likely to adversely affect the interests of deprived and discriminated against people like the Dalits of India and neighbouring countries. Prime Minister of India Mr. Atal Behari Bajpai has already declared that there will be no reservation (quota reserved for the Dalits, backward sections of society) in the private sector. Once they lose the hope for employment in clean, honourable decent jobs, men and women belonging to the deprived sections of society will lose incentive for education. One does not know where will this lead India to.

What happens in India also affects the neighboring countries. This is a problem, which warrants immediate sympathetic and objective consideration.

(Bhagwan Das, President Moderator, Dalit Solidarity

Peoples, Member Advisory Board, IMADR (Tokyo),

Director, Asian Centre for Human Rights.

Flat BC-1/H, DDA Flats, Munirka, New Delhi-11067

Tel: Fax: (011) 6163321.

Ambedkar- Gandhi Clash and Cooperation

 

Ambedkar- Gandhi Clash and Cooperation

 

“B.R. Ambedkar, Partition and the Internationalisation of Untouchability, 1939 1947”

Jesús F. Cháirez Garza

History Department, University of Manchester, Manchester, UK

pages 24-25

 

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“After Ambedkar announced his intention to take the plight of the Untouchables to the UN, various Congress leaders approached him, including . In the summer of 1946, Patel and Ambedkar had a preliminary discussion at which Ambedkar asked for 20 percent of all types of electoral representation, and Patel promised to think about the demand. He later wrote to Gandhi for advice. On 1 August 1946, Gandhi replied that it was good that Patel had met with Ambedkar, but he cautioned Patel about the complications inherent in reaching an agreement with the Dalit leader. Gandhi claimed that Ambedkar should not be trusted because he made ‘no distinction between truth and untruth or between violence and non-violence;’ moreover, he had no principles, because he would ‘adopt any means which will serve his purpose.’ To illustrate this, Gandhi alluded to Ambedkar’s understanding of religion as instrumental to politics, reminding Patel that ‘one has to be very careful indeed when dealing with a man who would become a Christian, Muslim or Sikh and then be reconverted to his convenience.’ Gandhi was convinced that Ambedkar’s demands were ‘all a snare’ or ‘a “catch”’. 69 Gandhi also wanted to maintain Congress’ strategic position as a negotiator. He warned Patel: ‘if we negotiate with Ambedkar out of fear of the League we are likely to lose on both fronts,’ because any type of pact agreed before independence would inevitably suffer alteration. However, Gandhi did concede that the decision not to make an agreement with Ambedkar was also due to the attitude of Congress members towards Dalits. Gandhi told Patel: ‘you may come up to any understanding you like today—but who are the people who beat up the Harijans, murder them, prevent them from using public wells, drive them out of schools and refuse them entry into their homes? They are Congressmen.’70 As a result, Gandhi believed that reaching an agreement with Ambedkar was pointless. In contrast to the popular notion that Gandhi suggested to Nehru that Ambedkar should be brought into his new government, the paragraphs above suggest otherwise. “

Friday, 30 May 2025

AMBEDKAR: ARCHITECT OF MODERN INDIA

 

AMBEDKAR: ARCHITECT OF MODERN INDIA

- Bhagwan Das

(Mr. Bhagwan Das is by profession an Advocate practising in the Supreme Court of India. He is President, World Conference on Religion and Peace (India) and Moderator President, Dalit Solidarity Programme. He is associated with many Human Rights and Buddhist organisations. His contribution towards Ambedkarian Movement is appreciated throughout the world.)  

India is a land of paradoxes. It has produced many great men and modern men also contributed in many ways towards civilisation beside the development of science, mathematics, philosophy and ethics. Yet it cannot be denied that it has, also created and propagated the abominable system of caste and untouchability. Caste is an integral part of Hinduism which has sustained this religion and ruined India. Caste has influenced other religions and cultures also. Untouchability, a practice peculiar to India, is the natural product of caste system. Unfortunately, untouchability has the sanction of Hindu religion. Owing to the harmful effect of this social system, many people in different parts of India rose and worked to destroy it but miserably failed. Pundit Jawahar Lal Nehru, who once raised the slogan of forming a classless and casteless India, had better understanding of caste system and its effects than Mahatma Gandhi who considered it as divine order having the sanction of Hinduism. In the words of Nehru:

" It is curious and significant that throughout the long span of Indian history there have been repeated warnings given by great men against priestcraft and the rigidity of the caste system, and powerful movements have risen against them; yet slowly, imperceptibly, almost, it seems, as if it were the inevitable course of destiny, caste has grown and spread and seized every aspect of Indian life in its strangling grip. Rebels against caste have drawn many followers, and yet in course of time their group has itself become a caste. Jainism, a rebel against the parent religion in many ways utterly different from it, was yet tolerant to caste and adapted itself to it; and so it survives and continues in India, almost as an offshoot of Hinduism. Buddhism, not adopting itself to caste, and more independent in its thought and outlook, ultimately passes away from India though it influences India and Hinduism profoundly. Christianity comes here eighteen hundred years ago and settles down and gradually develops its own castes. The Moslem social structure in India, in spite of its vigorous denunciation of all such barriers within the community, is also partly affected."

(Nehru J.L. Discovery of India: P.91)

Because of "Untouchability" having divine sanction and approval of the society millions of people were subjected to humiliations and oppression, subjugation and denial of basic human rights. Education was denied to them. In many parts of India, they were not even allowed to eat wholesome food or wear decent clothes; live in decent houses or have the liberty to choose any occupation of one's liking. Men of the dominating groups could and often did, sexually abuse' the women without any qualms of conscience and also appropriate their property. An Untouchable with money could be dangerous. They were not allowed to bear arms nor could they unite and rebel against their oppressors for it was deeply inculcated in their minds that they were born in the lower castes and despised castes as punishment for the sins committed against upper caste people in the previous births. If they perform their duties diligently and earnestly, they could aspire to be born in higher caste in next birth.

 Mahatma Gandhi who is often erroneously given credit for abolition of untouchability by the Hindu scholars and some of their American friends, supported these views and considered the Varnashrama Dharma and caste an ideal system.

"The law of Varna is nothing but the law of conservation of energy. Why should my son not be a scavenger, if I am one?

…………………….

What I mean is, one born a scavenger must earn his livelihood by being a scavenger, and then do whatever else he likes. For a scavenger is as worthy of hire as a lawyer or your President. That according to me is Hinduism. "

(The Harijan March 6, 1937)

Mahatma Gandhi was against the Untouchables giving up their traditional occupations like scavenging, latrine cleaning, tanning, flaying etc.,

" I do not advise the "Untouchables" to give up their trades end professions."(The Harijan My Soul’s agony (1039 p.42)

Owing to horizontal and vertical divisions, deprivation and destitution the people condemned to live as 'untouchables, ’unseeable ‘and 'unapproachable' outside the villages near garbage heaps, or cremation grounds in the company of pigs, dogs, donkeys and scavenger birds, they could not think of any change. They had lost all hope. Yet in spite of these restrictions imposed by the dominating groups who had a vested interest in perpetuating this system, Untouchables in all parts of India have thrown up many outstanding thinkers, warriors, saints, poets, philosophers, artists and engineers even before the advent of British Raj. Nobody is certain about Valmiki the legendary author of the Ramayana Yog Vashist, whether he was a Brahmin or Shudra but Thiruvulavar, Nandnar, Ravidas, Kabir, Supach, Sunita, Khusroshah were certainly born in untouchable families. Bhimrao Ambedkar was the most outstanding among all the great men and women of Untouchable origin born in the 19th century.

Among all the political leaders of his time Dr. B.R. Ambedkar was the most highly educated man in all respects and possessed degrees awarded by prestigious universities of India, United States of America, Great Britain and Germany. In spite of his ability, character and high academic qualifications he was humiliated and insulted by his subordinates and lowly menials in Baroda Durbar where he was employed as Military Advisor to His Highness the Gaekwad of Baroda. Dr. Ambedkar decided to resign and to study law to enter the legal profession. After obtaining the law degree he returned to India and set up his practice in the High Court of Bombay. Later on, he was appointed as Principal Law College, Bombay.  Like Moses of Israel, Babasaheb Ambedkar struggled to awaken his own people, namely the Untouchables, impressed on their minds the necessity of organising themselves, made them conscious of their power and exhorted them to assert their right to live with dignity. He gave the slogan "Educate, Agitate and Organise.  He did not develop new theories of education like Mahatma Gandhi, C. Rajagopalachari, Rabinder Nath Tagore, Dr. Zakir Hussain and other less known people, nor did he waste time in abusing and criticising Macaulay who introduced English education and which according to Indian patriots produced only ‘Babus’. Dr. Ambedkar tried to make use of the existing education system and motivated his people to send their sons and daughters to schools and colleges. His programme for promoting education was not restricted only to the deprived sections of society who were denied education by Hindu religion but he took steps to provide facilities to all those who wanted to go in for higher education. He founded People's Education Society in Bombay and set up a college in Bombay where all irrespective of religion or caste could join and improve their educational status. Keeping in view the needs of the common people the College held classes in the morning as well as in the evening so that poor man's son, if he wanted to work to earn his livelihood could work during the day and attend college in the morning and evening, Thousands of young men and women benefited from this experiment launched by Babasaheb Ambedkar. Babasaheb Ambedkar did not want to commit the mistake which the Afro-Americans had committed immediately after the abolition of slavery. If the educated people do not find opportunities for employment and they gradually lose incentive for education. Babasaheb Ambedkar also, struggled to provide opportunities for employment to secure a reserve quota for the Scheduled Castes people in administration like the Muslims and other minorities.

 He knew British had no permanent friends and no permanent enemies. They had only permanent interests. Untouchables were doubly discriminated people and could not support the movements launched by the upper caste people for power.

 Like the great Maharashtrian leader Justice Mahadev Govind Ranade, Babasaheb Ambedkar was in favour of using the British rule as a "Dry Dock" as a shelter for the period of her refitting. Ranade a great scholar and patriot had observed:

"Both Hindus and Mohammedans lack many of those virtues represented by the love of order and regulated authority. Both are wanting in the love of municipal freedom, in the exercise of virtues necessary for civic life and inaptitude for mechanical skill, in the love of science and research in the love of and daring of adventurous discovery, the resolution to master difficulties and in chivalrous respect for womankind. Neither the old Hindus nor the old Mohammedans civilization was in a condition to train these virtues in a way to bring up the races of India on a level with those of Western Europe and so the work of education had to be renewed and it has now been going on for the past century and more under the PAX BRITTANICA with results - which all of us are witnesses to in ourselves." (Ranade, Gandhi and Jinnah) 233 W.S. Vol.1

There were many people in India who held similar views in regard to the British rule but there were many who held different views and wanted immediate transfer of power. Anybody who had the courage to stand and oppose these views was immediately branded as a stooge of the British,

Babasaheb Ambedkar contributed towards nation building and reconstruction of society in many ways. He loved his country and her people and worked earnestly and devotedly for their liberation, progress and advancement.

After the end of the Second World War British had decided to gradually transfer power to Indian people. Indian civil service was now mostly manned by Indians because the British were finding it difficult to find recruits in the British society. Nobody wanted to live in exile for long periods and the opportunities for employment in Britain, Canada and United States attracted the people.

British Government had invited Dr. Ambedkar and Rao Bahadur R Srinivasan as representatives of the Depressed Classes to participate in the Round Table Conferences held in London in 19 30 and 1932 to discuss the new Constitution of India.  Dr. Ambedkar spoke not only as a representative' of the Untouchables of India but also -as a responsible Indian leader interested in the freedom of his motherland. Without mincing worlds, he told the British Government that British cannot take Indians for granted in the matter of constitution. He said,

" I am afraid it is not sufficiently realised that in the present temper of the country, no Constitution will be workable which is not acceptable to the majority of the people.

 Speaking as a leader of the Untouchables, having knowledge, wisdom and courage Ambedkar expressed his disappointment and anguish in the following words:

" We have judged of the existing situation solely in the light of our own circumstances end we have found it wanting in some of the most essential elements of a good Government. When we compare our present position with the one which it was our lot to bear in Indian society of the pre-British days, we find that instead of marching on, we are only marking time. Before the British we were in the loathsome condition due to our untouchability. Has the British Government done anything to remove it?

We do not accuse the British of indifference or want of sympathy., we do now find is that they are quite incompetent to tackle our problem. The Depressed Classes find that the British Government in India suffers from two serious limitations There is, first of all, an internal limitation which arises from the character, motives end interests of those who are in power, which prevents them from appreciating the living forces operating in our society, makes them indifferent and inimical to its aspirations and apathetic to our education. It is not because they cannot help us in these things but because it is against their character, motives and interests to do so.

We must have a government in which men in power, knowing where obedience will end and resistance will begin, will not be afraid to amend the social and economic code of life which the dictates of justice and expediency so urgently call for. This role, the British Government will never be able to play. It is only a government which is of the people, for the people and by the people that will make this possible."

(Round Table Conference London 12.11.1930 to 19.1.1931 Proceedings. Pages.123 -129.)

Beside championing the cause of the Dalits and promoting education he is remembered for other services rendered by him towards-the deprived, disadvantaged and discriminated against people.

1. He founded Independent Labour Party in 1936 and contested elections under its banner. This Organisation championed the cause of the labour and made proposals for their advancement.

He desired labour not to remain content with having better wages and living and working. Condition but to demand share in power also.

 2. He tried to promote birth control with a view to persuading people, especially the women to have smaller families. A bill to this effect was moved in the Bombay Legislative Assembly in 194O.

3. He organised the Scheduled Castes Federation in 1942 and for the first time in Dalit history, women belonging to the Scheduled Castes also held an all-India Conference. He wanted women to fight for liberty and equal rights and also to promote prohibition. "Do not serve food to your husbands if they come home drunks,”was his advice.

4.  Under the Communal Award as amended under the coercive fast of Mahatma Gandhi Hindus had promised to give share in administration out of their own quota to the Dalits. r This promise was however never fulfilled. While serving as a member of the Viceroy’s Executive Council, Babasaheb Ambedkar submitted a memorandum to the Secretary of State through the Viceroy and for the first time the Scheduled Castes were granted reservation in public services like the Muslims and other religious minorities.

 5. Along with the Conference of the Scheduled Castes a conference of Samata Sainik Dal was also held in 1942 at Nagpur. This organisation was founded some time in 1926 by Babasaheb Ambedkar to provide security in the Conferences which were often disturbed by the followers of Mahatma Gandhi and other Hindu organisations. The purpose was to organise the youth and inculcate discipline and impart training in management of conferences, security of Leaders and self-protection.

Babasaheb’s service as the principal architect of the Constitution of Independent India is widely recognised and appreciated even by his opponents. His role in the matter of codification of Hindu law and equal rights to women by removing the conflict between the Constitution Art.14 which guarantees equality and Art.25 which guarantees religious freedom will be remembered for long. In view of the elections scheduled to take place in 1952, the great supporters of Hindu Code Bill changed their mind and withdrew their support. Babasaheb Ambedkar resigned in protest.

 But the most constructive role which he played in laying dawn the foundation of modernisation and industrialisation of India has been purposely blacked out by the historians and scholars.

Babasaheb Ambedkar was inducted into the Viceroy's Executive Council in 1942 and was given the charge of the Department of Labour. Labour had under it the Labour.  Labour legislation, Coal mines, Printing and Stationery Department, and Public Works Department.

Babasaheb Ambedkar had lived in Chawls and was conversant with the problems of the working classes. A large number of Untouchables, Mahars, Mengs, Mehtars had migrated to the city of Bombay and found employment under the fast-growing industries, Municipal Corporations, railways, tramways and dock yards.

 Many labour organisations worked under his guidance and were affiliated to the Independent Labour Party which he founded in 1936 and contested election under its banner. Babasaheb Ambedkar had organised the sanitary workers in Bombay and also had plans to organise the sanitary workers of India. During his tenure as Labour Member, he deputed Mr. R.R. Bhole (later Judge in Bombay High Court and Member Rajya Sabha) and Mr. P.T. Borale (retired as Principal, Law College, Bombay) to tour India and collect information about the living and working conditions of sweepers and other sanitary workers.

Babasaheb Ambedkar introduced legislation for the benefit of the working classes - amendment of Indian Trade Union Act, Industrial Disputes Act, Compensation etc., Some laws were initiated by him but were put on the statute book after his resignation, by his successors.

 Despite protest by the British officers, he prohibited the employment of women in the lower seams of coa1 mines. His advice to the labour was, “You should I not remain content only with better living and working conditions or higher wages. You should strive to have share in power.”

Babasaheb Ambedkar presented the view point of the Dalits which quite naturally differed from that of the dominating groups or classes.

Babasaheb's services as the principal architect of the Constitution of Independent India are widely recognised and appreciated even by his opponents.

Democracy is not the best system of Government. The only good point is that people can change the government in a democracy.  There are two forms of Government under democracy namely Presidential form and the Parliamentary form. Dr. Ambedkar explaining the difference and his preference stated in the constituent Assembly:

"Both systems of Government are of course democratic and the choice between the two is not very easy. A democratic executive must satisfy two conditions:

 (1) It must be a stable Executive and

(2) It must be responsible Executive.

      Unfortunately, it has not been possible so far to devise a system which can ensure both     in equal degree. You can have a system which can give you more stability but less responsibility or you can have a system which can give you more responsibility but less stability.

In England where the parliamentary system prevails, the assessment of responsibility of the Executive is both daily and periodic. The daily assessment is done by members of Parliament through questions, resolutions, 'no confidence motions', adjournment motions and debates on 'addresses'. Periodic assessment is done by the electorate at the time of the election which may take place every five years or earlier. The daily assessment of responsibility which is not available under the American system is, it is felt, far more effective than the periodic assessment and far more necessary in a country like India. The draft constitution in recommending the parliamentary system of Executive has preferences more responsibility to more stability.

(Thus Spoke Ambedkar Vol I p. 144-145.)    

Legislature can enact the laws. Courts, if approached can and do interpret the laws and if found contrary to the spirit of the Constitution, can declare them ultra vires.

But laws have to be administered by the Administration. Much depends on the composition and the character of the person or persons entrusted with this work of enforcing laws or administering laws. Babasaheb Ambedkar, had wide experience both as a Dalit leader, scholar and as a legislator. Justifying the incorporation of certain provisions in the Constitution in regard to administration, Babasaheb Ambedkar said,

"While everybody recognises the necessity of the diffusion of constitutional morality for the peaceful working of a democratic constitution, there are two things interconnected with it, which are not unfortunately, generally re-cognized. One is that the form of administration has a close connection with the form of the Constitution. The form of the administration must be appropriate to and in the same sense as the form of the Constitution. The other is that it is perfectly possible to pervert the Constitution without changing its form by merely changing the form of the administration and to make it inconsistent and opposed to the spirit of the Constitution. It follows that it is only where people are saturated, by Grote the historian, that one can take the risk of omitting from the Constitution, details of administration and leaving it for the legislature to prescribe them. The question is, can we presume such a diffusion of constitutional morality? Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic.” (Thus Spoke Ambedkar Vol I p. 158)

India has a large number of religious ethnics, linguistic, regional, and artificially created minorities like the Scheduled Castes and other discriminated and disadvantaged groups. Some safeguards have been provided to protect the interests of the minorities. Speaking about the safeguards Babasaheb Ambedkar said,

"Speaking for myself I have no doubt that the Constituent Assembly has done wisely in providing such safeguards for minorities as it has done. In this country, both minorities and the majorities have followed a wrong path. It is wrong for the majority to deny the existence of minorities. It is equally wrong for the minorities to perpetuate themselves. A solution must be found which will serve the double purpose. It must recognise the existence of the minorities to start with. It must also be such that it will enable majorities and minorities to merge someday into one.

They (minorities) have loyally accepted the rule of the majority which is basically a communal majority and not a political majority. It is for the majority to realise its duty not to discriminate against minorities. Whether the minorities will continue or vanish must depend upon this habit of the majority. The moment majority loses the habit of discriminating against the minority, the minorities can have no ground to exist. They will vanish."  (Thus Spoke Ambedkar Vol I p. 160-161)

Constitution was drafted, discussed and adopted by the Constituent Assembly which had the best brains of India.  People who had knowledge, who loved India and who wanted to make it a good, strong democratic country. Yet no Constitution can be perfect for all times to come and to deal with kinds of developments and situations, Babasaheb was aware of this fact and in his concluding speech delivered in the Constituent Assembly on the eve of first reading of the draft Constitution in 1948.   Dr. Ambedkar said,

"No Constitution is perfect and the drafting committee itself is suggesting certain amendments to improve the Draft Constitution. But the debates in the provincial assemblies give me courage to say that the Constitution as settled by the Drafting Committee is good enough to make in this a country a start with.

I feel it is workable, it is flexible and it is strong enough to hold the country together both in peace-time and in war time. Indeed, if I may say so, if things go wrong under the new Constitution, the reason will not be that we had a bad constitution. What we will have to say is that MAN was vile."(Thus Spoke Ambedkar Vol I p. 172)

WOMEN

Women have been given equal rights under the constitution. Constitution grants them rights for which women in European countries had to launch struggles even in the middle of twentieth century. Yet there was a contradiction arising from a conflict between the provisions made under Article 14 and Article 25 of the Constitution. Article 13 dealt with the laws inconsistent with or in

derogation of the fundamental rights. A provision was made in the constitution to have a uniform civil code.

Art.44:  The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Hindus were governed by many different laws in different parts of India.  If Constitution guaranteed equality in all spheres of life, religion denied equal rights to women. Codification of Hindu law had been discussed for a long time starting during the early decades of the century. After completing the work of drafting the Constitution of India Dr. Ambedkar set about finishing codification of Hindu law.  It was a difficult task, more so, because of the loud and vociferous opposition from orthodox Hindus who had a vested interest in maintaining the status quo.

 Babasaheb Ambedkar dug up the Hindu Code Bill, revised it and keeping in view the provisions made in the Constitution made amendments so as to give Hindu women rights in the matter of marriage, divorce, succession, adoption, etc., The revised draft bill was printed on 17.7.1948 and circulated for inviting public comments. Dr. Ambedkar moved the Bill to amend and codify certain branches of Hindu law as reported by the Select Committee be taken into   consideration Constituent Assembly Debates VoI. VI, Pt.II Pp.675).

 Dr. Ambedkar declined to make any speech at this stage in view of the pressure of urgent work. Further discussion was adjourned and taken up on 1.4.1949. Babasaheb Ambedkar circulated a booklet to educate the masses in regard to the provisions of the Code and also invited the learned Hindu scholars to participate in a conference held at Delhi. The main objections of the orthodox Hindu leaders and members of the Constituent Assembly were:

1. To lay the axe at the very root of Hindu religion and culture and structure of Hindu society.

   2.  Hinduism and Hindu society will be destroyed if the Bill is passed.

  3. Neither Pundit Jawaharlal Nehru, Prime Minister of India nor Dr. B.R. Ambedkar, Minister of   Law have knowledge of the Hindu Shastras and Hindu Law. One is an agnostic and the other is anti-Hinduism.

 4. Present-government has no mandate to amend the Hindu personal law.

5. Government should have taken the cause of cow protection instead of the protection of the Hindu women. Hindu women have no grievances and there is no demand from Hindu women to amend the law excepting from some westernised women in Congress.

 Babasaheb Ambedkar tried to allay the fears of the orthodox Hindus. He had studied the subject and had thorough knowledge of the Hindu law. He tried to explain the reasons for codification:

 "It is not just to say that the revision in the present Bill bore no relation to any of the Shastras and the Hindu religion. The Hindu Code Bill was neither revolutionary nor radical. The purpose of the Bill was to fulfill the three indispensable requirements of the Hindu raw, namely certainty, uniformity and accessibility. A common denominator must be found on which the Civil Code must be based. And Hindu law being the law of the majority should be modified first so as to make it uniform in all aspects.

Dr. Rajendra Prasad, an Orthodox Hindu and President of the Constituent Assembly was against the Bill and so was Mr. Anathasaaynam Ayyangar, Speaker of the Constituent Assembly. Even Pundit Jawaharlal Nehru became lukewarm as the time passed mainly because of the stiff opposition from the members of Congress and the ensuing elections scheduled to take place in 1952. In desperation Dr. Ambedkar resigned, Hindu Code Bill died a natural death. Later on, laws concerning marriage, adoption, maintenance, divorce etc., were passed in 1955.

 WAR, FAMINE, FLOOD AND POVERTY.

Wars unite people and also stimulate the creative urges to face the enemy. Floods and famine result in devastation and displacement of persons.  India in 1943 was facing three enemies - Japanese, famine in Bengal and floods which are a perennial feature.  Bengal was not the only state which was affected by the shortage of food. Famine conditions were prevailing in Madras, Orissa, Travancore Cochin and Malabar.  These however did not attract much attention of the Government.  It was the proximity of Bengal to Japanese controlled Burma that disturbed the British rulers.

Lord Casey, Governor of Bengal wrote to the Viceroy showing his concern and anxiety about the situation in Bengal. Urgent action was called for. The matter was referred to the Labour Department.

Government of India was also thinking of reconstruction progranme to be launched after the war which involved rehabilitation of demobilised soldiers, employment, and other problems affecting the country. Several Reconstruction committees were formed and they were assigned the job of planning for peace. Dr. Ambedkar had very clear ideas about the Reconstruction in India as is evident from his speech delivered at the first Meeting of Reconstruction Policy Committee, on Public Works and Electric Power held in New Delhi on October 25, 1943.

Another problem which Babasaheb Ambedkar faced was that Electricity was a state subject under the Government of India Act, 1935. Beside this there were the princely states who had their own laws and policies. For any major project their cooperation was necessary. Government of India did not have any water policy and that was also creating problems in tackling the problem of floods, construction of dams etc.

Dr. Ambedkar had very clear ideas of the problems which India was facing.  In the meeting on Reconstruction he said, *Population in India grows because by decade in geometrical progression.  As against this unlimited growth of population what is available for cultivation is not merely a limited amount of lard but a limited amount of land whose fertility is diminishing year by year. India is caught between two sides of a pincer, the one side of which is progressive increase in population and the other is a progressive increase in the deterioration of the soil. ..... At every decade this meager balance between population and production is increasing in an alarming degree, leaving India with the inheritance of poverty, more poverty and chronic poverty. A rot has set in. This rot I feel sure, is not going to be stopped by organising agricultural exhibitions or animal shows or by propaganda in favour of better manuring. It can stop only when agriculture is made profitable. Nothing can open possibilities of making agriculture in India profitable except a serious drive-in favour of industrialisation. For it is industrialisation alone which can drain away the excess of population which is exerting such enormous pressure on land into gainful occupations other than agriculture.

The problem of reconstruction in India, as I see it is a problem mainly of industrialization of India as distinguished from the rehabilitation of Indian industry and industrialisation but in the ultimate sense the removal of chronic poverty. (Indian Information, Dece15, 1943.)

For industrialisation India needed electricity. Electricity could be generated either by using water power or thermal power. In some states Hydro-electric projects were launched.

Dr. Ambedkar was keen not only on having electricity but cheap electricity to promote industrialisation in India. Addressing the engineers and officers attending the meeting he posed a a question," why do you want cheap and abundant electricity in India? The answer is that without cheap and abundant electricity no effort for the industrialisation of India can succeed."

Damodar a rain fed river flowing through Bihar and Bengal had created a national problem. A minor breach which rapidly developed into a major breach measuring more than 1000 meters had not only devastated thousands of villages but also jeopardised the security of the region. Railways ha to take a AvIress4 contour of more than three miles to reach Calcutta which was the base for supply of equipment and troops to the Eastern theatre of War.

Orissa a neighbouring state was the worst victim of floods and poverty and general backwardness. Dr. Ambedkar visited these states and had consultation with the Engineers and administrators. He resolved: " I shall convert the rivers of adversity into the rivers of prosperity". Water was used for irrigation and for that canal were dug. Punjab had prospered because the Government keeping in view the needs of the rural population in the Punjab had constructed canals and converted Punjab into grain-surplus state. Other states could not emulate Punjab for various reasons. Water was also used for navigation but with the promotion of Railway by the British owned companies, navigation, a cheap mode of transportation was neglected. Dr. Ambedkar wanted to devote time and energy for development of navigation also.  

Dr. Ambedkar as Labour Member was taking keen interest in expediting the action both as an Administrator and Planner.  British Government was interested mainly because of the war and therefore Finance Department and other concerned officers also cooperated.

Babasaheb addressing a meeting of Technical Experts and officers in the Bengal Secretariat Calcutta on the 3rd January 19 45 said, “Government of India wished to evolve a policy which would utilize the water resources of the country to the best advantage of everybody and put them to purposes which were made to serve in other countries.  The Government of India have in mind Tennessee Valley Scheme operating in the United States of America. They are studying the Scheme and feel that something along that line can be done in India if the provinces offer their cooperation and agree to overcome provincial barriers which have held up so much of their progress and their prosperity. As a preliminary step for securing the best use of the waterways of the country, the Government of India have created a Central organisation called the Central Technical Power Board and are contemplating to create the Central Water ways, Irrigation and Navigation Commission.

The two organisations had been established to advise the provinces as to how their water resources could best be utilised and how a project could be made to serve the purpose other than irrigation. Damodar river is the first project along that line."

Water beside irrigation and navigation could also be used for generating electricity as was being done in some European countries and United States of America and Canada.

A start was made with the project to dam the river Damodar and to utilise the water to generate electricity and for irrigation. Babasaheb Ambedkar usually studied all literature available on a subject when he had to tackle any problem. This gave him better understanding and many ideas to develop. Tennessee Valley Project of United States attracted his attention because acv T.V.A. had to deal with similar problems.  An Engineer Mr. William Lo Voorduin who was not only an expert on dams, generation of electricity, multipurpose projects but was also well versed in dealing with administrative problems peculiar to such projects, was invited.

Since rivers flow through many states, many states get involved. This gives rise to many problems of sovereignty and laws. Technical problems can be tackled by Engineers and Technicians but the legal and territorial problems have to be tackled by the administrators and lawyers. Another difficulty was that there was no All-India Policy for the development of water ways and generation of electricity. Dr. Ambedkar ultimately succeeded in finding the solutions and his work has been very much appreciated by O’Hart famous author of Rivers of India.

 It was decided to establish a Central Technical Power Board which was to act as a Central Planning 0rganisation. The duties and responsibilities of this Board were detailed in the Government of India Department of Labour Resolution dated 8th November 1944.  Later on, a Commission known as Central Waterways, Irrigation and Navigation Commission was established under Resolution of the Government of India, Labour Department (No. DW 101(2) dated 5th April, 1945).

Babasaheb Ambedkar was not in favour of appointing any foreign engineer as head ger of this Commission. Rao Bahadur A.N. Khosla, a renowned engineer was appointed as Chairman of the Commission. This Commission was declared a permanent organisation.

 Dr. Ambedkar resigned as Labour Member in 19 46 when interim government was formed. However, the work continued to progress under the Ministership of Mr. N.V. Gadgil who took over the charge of Works, Mines and Power a new Ministry created by dividing the work which was being done by the Department of Labour under Babasaheb Ambedkar.

Dr. Ambedkar was appointed as Chairman, Constitution Drafting Committee and first law Minister of Independent India in 1947 with Pundit Jawahar Lal Nehru as Prime Minister. Keeping in mind the problems arising from the provisions made in the Constitution in 1935 in regard to river, waterways   and subsequent difficulties which arose during 1942-1946 when he was Labour Member Babasaheb Ambedkar made provisions in the Constitution in regard to the rivers, Waterways and generation of electricity. The problems of distribution of water, control over rivers, constructions of dams often give rise to problems but during his tenure he had laid down precedents which still enlighten and guide people.

From the above it is clear that Dr. Ambedkar was not only the chief architect of our constitution but was also the maker of modern India. In fact, he laid the foundation of the modern India.