dalit law and ambedkar

Dr Ambedkar Contribution in Law

and Justice for the upliftment of
the disadvantaged
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Karthik Navayan

5 Votes

National Seminar on Ambedkars Contribution for upliftment of the Disadvantaged

Date: 2nd & 3rd September, 2010, Venue: Seminar Hall, MGNIRSA

Dr Ambedkar Contribution in

Law and Justice for the upliftment of the disadvantaged

By B.Karthik Navayan

Programme Officer

National Dalit Forum

Understanding the nature of Indian society and the caste system before independence is essential to
study the contributions of Ambedkar to Law and Justice. As the caste base Indian society has
defined a particular code of conduct to persons belonging to every caste. It also sanctified how a
person or persons belonging to a particular caste shall relate themselves to a person or group of
persons belonging to upper castes and lower caste with reference to this own caste. Similarly the
women in every caste has been ascribed a lower status than the man belonging to the same caste.
Similarly the women relation ship with men and women belonging to other castes is dependent on
her particular caste. The lower the caste in the higherarchy the lesser is the social freedom to the
people of the caste. Though this relation appears to be relative in nature the castes belonging to the
lower strata are left with the freedom that certain animals could enjoy. Especially the saga of the
downtrodden castes and the women belonging to these castes is highly deplorable.

In light of the peculiar social system existed in India before independence, Ambedkar has proposed
several remedial measures as well as laws to address the exploitative social system and also to
bridge the gap between various castes or social groups in the country. Hence the present paper is
an attempt to analyze the social system existed before independence and corresponding women
status in the society to understand and study Ambedkars contributions to deal the situation through
law and justice.

Caste system, untouchability:

The disadvantaged sections in Indian society are the victims of Hindu caste system i.e.,
untouchables who denied basic human rights by the upper caste and even denied the status of
human being and treated as animals. The other dimension of caste system is the patriarchy which is
the suppression of women of all castes by their own men and by the men belonging to other
uppercases.

In Hindu society, caste is the most powerful instrument in determining a persons dignity. Caste
system is the result of the Hindu belief of Reincarnation and Karma. The four castes eventually
developed into a social mosaic of 3000 sub-castes, with the Untouchables at the bottom of the list
and out of the list in particular. Such rigid caste system is not found anywhere in the world except in
India. If a person is born into a caste, his status is predetermined and immutable. Birth decides ones
status and this cannot be altered by the talent developed by the individual or by the wealth the
person may accumulate. Similarly, the caste in which a person is born predetermines what vocation
the person will pursue. One has no choice. Birth decides the occupation of the person. This caste
system discriminates the human persons and stratifies them into different groups. According to Manu
Dharma[1], the Hindu religious code of conduct divides human persons into four Varnas[2]

Here are the four major castes:

1. BRAHMINS (the Priestly Class)

2. KSHATRIYAS (the Warrior Class)

3. VAISYAS (the Trading Class)

4. SUDRAS (the Servants)

Situation of women:
The Manu dharma shastra denied equal status for the women along with men and put her in
restrictions Her father protects (her) in childhood, her husband protects (her) in Youth, and her sons
protect (her) in old age; a woman is never fit for independence.[3]

A woman has no right to study, let alone Vedas. Women cannot utter the Veda Mantras, as they are
unclean is the untruth.[4] A Brahman, Kshatriya, or Vaisya man can sexually exploit any Shudra
woman.[5] Even the act of killing a woman is explicitly justified as a minor offence for the Brahmins;
equal to the killing of an animal.

Anti Caste Movements in the History:

In this kind of society, many reformers right from the Gautama Buddha[6] have worked against the
caste system and untouchability. He challenged the validity of caste and Brahmanism. Mean while
other social reformers like Mahathma Jyothi Rao Phule[7], Sahumaharaj[8], Periyar[9], Kabeer[10] ,
Santh Ravidas[11], Sri Narayanaguru[12] in Andhra Pradesh Vemana[13] and Pothuluri Vera
Brahmam[14] are the social reformers who fought against the evils of Hinduism. The movement they
led was not given required relief to the victims of the caste system and patriarchy. After studying all
these experiences, Dr Ambedkar declared that it is not possible to eliminate untouchability in
isolation without destroying the caste system, which in turn means destroying Hinduism, and
embraced Buddhism on 1956 October 14 along with his more than 5 lakhs followers in Nagpur.

Hence, Dr. Ambedkars approach towards the caste system, untouchability and patriarchy is entirely
different from other social reformers. Ambedkar proposed equality and fraternity in consonance with
the principles of Democracy. His entire vision is to uplift the disadvantaged sections of the Indian
society through practical means. We will see the results of the struggle by Dr Ambedkar that many of
untouchables have reached highest positions. For example, K. R Narayanan becoming first Dalit
President of India, Justice K.G Balakrishnan becoming first Chief justice of India is small fruits of the
trees planted by Dr. BR Ambedkar.

After his return to India, Ambedkar became the most eminent leader of the historically disadvantaged
sections of Indian society and was instrumental in the formation of the Scheduled Castes Federation
(SCF). In the pre-independence political sphere, he made an articulate case for recognizing the
socio-economic exploitation that had been suffered by those outside the caste system. However, he
never chose the path of agitationist politics and instead relied on reasoning and an appeal to moral
values. When India earned its independence, Dr. Ambedkar chose to work with the Congress Party
and served with distinction as the Chairman of the Drafting Committee in the Constituent Assembly,
and later as the first Law Minister of the Union of India. In his later years, he gave up his position in
the Union Cabinet on account of the governments reluctance to reform family laws which were
aimed at combating the entrenched gender and caste-based discrimination in private relations[15]

Drafting of Minimum Wages Act by Dr Ambedkar for the upliftment of the poor:
In May 1943, Indian labor conference discussed about modalities to set up constitutional body
related to minimum wages in its third convention. After 1944 and 1945, Dr. BR Ambedkar (labor
member in Government of India) recognized importance of special act, introduced minimum wages
bill on 11thApril 1946. The minimum wages act got approval after delay due to constitutional
obligations to transform from bill to an act. According to this act, minimum wages can be defined as
the wages which are not only fulfilling a laborers needs but also to live with dignity, to feed his family,
to meet the expenses of health and protection and education of the children gathered all together
can be considered as Minimum wages.

Dr. BR Ambedkar facilitated this act with all necessary fundamental articles which are essential for
every ordinary Indian to flourish himself and state of living by his extraordinary intelligence. It is
recognizable that the in depth perception of Dr. BR Ambedkar who mentioned about the food
required for a person to live in proper health condition. Dr. BR Ambedkar is a great visionary who got
fame as chief architect of the Indian constitution. Prior to this he framed and got approval for
minimum wages act.

Ambedkar as a chief architect of the Constitution of India:

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 also won the Assemblys support for introducing a system of reservations of jobs in the civil
services, schools and colleges for members of scheduled castes and scheduled tribes, a system
akin to affirmative action. Indias lawmakers hoped to eradicate the socio-economic inequalities and
lack of opportunities for Indias depressed classes through this measure, which had been originally
envisioned as temporary on a need basis. The Constitution was adopted on November 26, 1949 by
the Constituent Assembly.

Article 17 Abolition of Untouchability:

Untouchability is abolished and its practice in any form is forbidden. The enforcement of any
disability arising out of Untouchability shall be an offence punishable in accordance with law.
Based on this article, the Civil rights Protection Act 1965 and the Prevention of Atrocities (Scheduled
castes Scheduled tribes) Act 1989 was enacted by the Parliament for the protection of Dalit rights.

Even though, caste-based discrimination and violence still remains a fact of life in Todays India.
There has been considerable progress for the historically disadvantaged sections of society.
Numerous political parties have emerged on the strength of voters from the oppressed sections, and
the benefits of education and economic development have also been gradually reaching these
sections. The attainment of genuine social equality is of course a gradual process and may be
several generations away, but it was Dr. B.R. Ambedkar who set us on this path with a written
constitution. It is not surprising that the invocation of his life and contributions continues to be a
major factor in political mobilization, even today.

Article 13(2):

Dr. B. R Ambedkar is a great visionary towards the fundamental rights of Indian citizens. He made a
provision in the constitution of India in 13(2) as Laws inconsistent with or in derogation of the
fundamental rights. The State shall not make any law which takes away or abridges the rights
conferred by this Part and any law made in contravention of this clause shall, to the extent of the
contravention, be void.

Hindu code bill:

Ambedkars defense for women as the Law Minister of free India appeared in the form of the Hindu
Code Bill in Parliament on 11th April 1947, which invited strong opposition from the Hindu orthodoxy
in post-independent India. The Bill provided for several basic rights to women.

It sought to abolish different marriage systems prevalent among Hindus and to establish monogamy
as the only legal system. It aimed at conferment of right to property and adoption of women. It
provided for restitution of conjugal rights and judicial separation. It attempted to unify the Hindu code
in tune with progressive and modern thought[16]

In 1948 when the Hindu Code Bill was introduced in parliament and debated on the floor of the
house, the opposition was strong against the Bill. Ambedkar tried his level best to defend the Bill by
pointing out the drawbacks of Indian society and arguing that the ideals in the Bill are based on the
Constitutional principles of equality, liberty and fraternity and that in the Indian society characterized
by the caste system and the oppression of women since women are deprived of equality, a legal
frame work is necessary for a social change in which women have equal rights with men. He also
pointed out that the aim of the Bill was to codify the rules of Hindu Law which are scattered in
innumerable decisions of High Courts and of the Privy Council which form bewildering motley to the
common man. However, the Bill could not withstand the opposition from the Hindu orthodoxy. Their
major argument was that the Bill was an attempt at the demolition of the entire structure and fabric
of Hindu Society. The very foundations not only of one pillar but of all the pillars on which the Hindu
society rests are shaken. In reality, the Bill was a threat to patriarchy on which traditional family
structure, was bounded and that was the major reason behind the opposition. Therefore, on the eve
of the first elections in 1951 Prime Minister Jawaharlal Nehru dropped the Bill by saying that there
was too much opposition. On this issue, the then Law Minister Dr.Ambedkar resigned. Even he is
ready to give up the status for the cause of disadvantaged

Conclusion

Main aim of Dr. BR Ambedkar is to uproot the evil of deep rooted caste system and to transform this
country from uncivilized state to civilized state. The Indian constitution is evolved as a result of Dr.
BR Ambedkars relentless efforts and strategic approach to the system. The provisions made by Dr.
BR Ambedkar by fighting against British rulers and the articles included in the constitution of free
India enabled Dalits and Women to present day developed state. The all round development of
disadvantage groups in India is only because of Dr. BR Ambedkar.
Todays tragedy is that the rulers of our nation are not showing any interest for the effective
implementation of constitution. Manu introduced caste system in India. Dr. Ambedkar introduced
caste annihilation system in India. Indian Hindu orthodoxy stood by Manu. Ambedkar stood for Dalits
and women development in India. Ambedkar defeated Manu through Constitution and incorporating
several articles in it. Ambedkar was successful in fixing the Hindu orthodox peoples attitude and
behavior as enshrined in their holy books towards others as unjust and punishable through various
provisions in the India laws and the constitution.

The constitution of India provided to all its subjects right to live with honor and dignity. But the caste
and untouchability is still playing effective role from various corners of the of the society. The
constitution gave right to education, right to adult franchise to all, as against this being the privilege
of a few in the pre independent India. But the era of globalization has privatized education.
Constitution of India gave right to health. But the privatized and corporatized hospitals are far away
from the reach of common people. Though the constitution gave right to work, but all Industries are
mechanized with less and or no animated technologies leaving millions unemployed.

Hence India shall follow the principles of Dr. Ambedkar and nationalize land and industries. So the
need of the hour is to implement the constitution in its true spirit. It will enable the Indian society to
overcome all social and economic evils that the Nation is facing. The constitution was designed in
such a way that all its citizens are equal before it as one man one vote and one vote one value

[1] Which legitimizes the untouchability, denial of freedom, self respect, right to education, property
to the dalits and women

[2].Varna means color, the Caste

[3] Manusmriti IX.3

[4] Manusmriti IX.18

[5] Manusmriti IX.25

[6] A spiritual teacher from ancient India who founded Buddhism

[7] Jotiba Phule was an activist, thinker, social reformer, writer, philosopher, theologist, scholar, editor
and revolutionary from Maharashtra, India in the nineteenth century

[8] Shahu IV (also known as Rajarshi Shahu) (26 June 1874 6 May 1922) was the first Maharaja of
the Indian princely state of Kolhapur between 1884 and 1922. He was also known as Rajarshi Shahu
Chhatrapati and Chhatrapati Shahu Maharaj.

[9] Periyar, was a Dravidian social reformer and politician from Thamilanadu, who founded the Self-
Respect Movement and Dravidar Kazhagam

[10]Kabir (14401518) was a mystic poet and saint of India, whose writings have greatly influenced
the Bhakti movement.
 [11] Guru or Bhagat Ravidas was a north Indian Sant mystic of the Bhakti movement who was active
in the 15th century

[12] Sri Narayana Guru (18551928), also known as Sree Narayana Guru Swami, was
a Hindu saint, sage, prophet and social reformer of India

[13] A 14th century Telugu poet. His poems were written in the popular vernacular of Telugu and
questioned inequality and untouchability

[14] Born in 1610 in Kadapa District of Andra Pradesh. He is the author of Kalagnana, a collection of
predictions about future or prophecies

[15] Dr. B.R. Ambedkar memorial lecture

( London June 13, 2009), judicial activism and the enforcement of socio-economic rights the
Indian experience
by Honble Mr. K.G. Balakrishnan, chief justice of India

[16] Samyuktha a journal of women studies

Ambedkar's fight to abolish untouchability in India: Why we should know more about it

Babasaheb Ambedkar was the spokesperson of the backward classes and castes in India:
All you need to know.
Ambedkar against untouchability

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Time and again, Dr Bhimrao Ramji Ambedkar reminded the Indian population that only
political clarity or administrative reforms could not shape a country, which is so diverse in
culture and social spectrum.

While Mahatma Gandhi was uniting India to rise against the oppressive British government,
Babasaheb Ambedkar was guiding the Indians towards a spiritual development. Here is
how Babasaheb fought against untouchability:
 Hailing from the 'untouchable' caste of Mahars in Maharashtra, Ambedkar was a
social outcast in his early days. Even in his school, he was treated as an
'untouchable'. His schoolmates would not eat beside him, his teachers did not touch
his copies as he came from a family that was considered 'unclean' by the orthodox
Hindus

Later in life, Ambedkar became the spokesperson of the backward classes and
castes in India. Much like African-American reformers such as Martin Luther King Jr
and Frederick Douglas in the United States, Ambedkar expounded the importance of
a social reform that would abolish caste discrimination and the concept of
untouchability in India

He also joined hands with Gandhi in the Harijan movement, which protested against
the social injustices faced by people belonging to backward castes in India.
Babasaheb also pointed out that the principal problem of the Indian society was the
perennial fight between Buddhism and Brahmanism

Babasaheb Ambedkar and Mahatma Gandhi were two of the most prominent
personalities who protested against the untouchability in India. Gandhi had published
three journals to support the underprivileged class, namely Harijan in
English, Harijan Bandu in Gujarati and Harijan Sevak in Hindi.

This led to the Harijan Movement in India. Gandhi primarily concentrated on the social and
economic stability of people belonging to the untouchable groups and reformed the
society's outlook towards them. But all went in vain!

Unfortunately, even after 69 years of Independence, India is still trapped under the claws of
class and caste discrimination.

On the 125th birth anniversary of Babasahed Ambedkar, we bring to you some

alarming facts about the untouchability in India:

Who are untouchable? Where did it all start?

The Varna or caste division propounded in the Rig Veda describes the society as a four-
varna or caste system. The supreme varna is Brahman, the second is Kshatriya, the third is
Vaishya and the last is Sudra. This idea of social stratification was further developed in the
Laws of Manu, written in Manu Smriti.

No mention of the untouchable class can be found here as the Varna division system
excluded the untouchables altogether. They have been identified as Ati Sudra or inferior to
the Sudras. Later, in the fourth century, they came to be known as Avarnas or the people
with no caste.

The untouchables or chandalas are also mentioned in the Upanishads and Buddhist texts
as the 'fifth caste' or Panchama, which spawned from the contact between Sudra men and
Brahman women.

B. R. Ambedkar: An Indefatigable Defender of Human Rights

Joseph Benjamin

Bhimrao Ramji Ambedkar was born as the fourteenth child of Mahar parents, Ramji and
Bhimabai, on 14 April 1891 at Mhow, in present-day State of Madhya Pradesh. The Mahars
are considered low- caste and treated as untouchables (Dalits) by higher-caste Hindus.
They are mainly found in the State of Maharashtra.

The father and grandfather of Ambedkar served in the army and were of well-to-do family.
But the stigma of being members of Mahar community caused their social oppression in a
caste-ridden society.

Ambedkar had a bitter taste of discriminatory treatment due his caste at an early age. He
and his brother had to carry gunny bags to sit on inside the classroom because they were
not allowed to sit on classroom chairs. They were denied drinking water facilities, and
excluded from games and mixing with other children. Even teachers would not check their
notebooks for fear of "pollution." Thus sowed the seeds of discontentment about the Hindu
social system in the life of Ambedkar.

He did his early education in Satara in Maharashtra State and then moved on to Bombay.
In 1912, he passed his B. A. examination with distinction from the prestigious Elphinstone
College with the scholarship and encouragement from the Maharaja of Baroda State. In
1913, with a condition that he would serve the Baroda State for ten years, he was chosen
by Maharaja of Baroda State for higher studies at Columbia University in the USA. This
was followed with a trans-Atlantic shift to the United Kingdom where he studied at the
University of London. While studying abroad, he mixed with students of various
nationalities and races, which was an eye- opener for him.

He joined the Union Cabinet of Pandit Jawaharlal Nehru during the 1946-1951 period. He
resigned on 27 September 1951 to protest the deferment of the discussion in the
parliament of the Hindu Code Bill supposedly due to the coming 1952 elections. Ambedkar
saw the Bill as a very important reform of Hindu law, with reform proposals on marriage,
divorce, and monogamy.

Despite failing health, he plodded on with his advocacy for the cause of the Dalits. He
came to Nagpur in October 1956 for his conversion to Buddhism and a couple of months
thereafter on 8 December 1956 breathed his last.
Ambedkar's Movement for Human Rights

During the last decade of the 19th century, many Indian leaders born among the lower
castes like Narayan Guru (1854-1928), Jotiba Phule (1827-1890), and Ramaswamy
Naicker 1879-1973) launched massive struggles for the dignity of Dalits throughout India.
Ambedkar was the most towering figure among these Dalit leaders.

In 1917 he joined the Baroda State Service after returning from his studies in the USA and
the United Kingdom, as part of the terms of his scholarship agreement. He worked in the
city of Baroda, the place of the ruling family of Gaikwad, which financed his studies
abroad. He worked as secretary in the defense office of the Maharaja of Baroda State.

However, despite his foreign education, he had to endure insults while at work due to his
low caste origin. He was a victim of the cruel dalit discrimination. He suffered the ignominy
of having document files hurled by peons at his face. [1]

He suffered the humiliating experience of not being served drinking water during official
functions. At the officer's club, he had to sit in a corner and keep his distance from the
other members belonging to higher castes. He also had difficulties in finding a rented
house, as he was not allotted government bungalow. He stayed in an inn owned by Parsis
(members of Zoroastrian religion). One morning, as he was getting ready to go to work, a
dozen Parsis, allwielding sticks, rushed up to his room screaming that he had polluted the
inn and insisted on his immediate departure. He begged them to let him stay for a week
longer since he hoped to get his government bungalow by then. But they were obdurate. If
they found him at the inn that evening, they said God help him. After spending much of the
day in a public garden, Ambedkar, in utter frustration and disgust, left for Bombay by the 9
pm train.

These scorching incidents goaded Ambedkar to work for the protection of dalit rights and
upliftment of the status of the Dalits. In 1924, he started legal practice in Bombay and
founded the Bahishkrit Hitkarni Sabha (Depressed Class Institute) to uplift the Dalits.
Henceforth, he started his movement and took the cause of the Dalits. He roused the dalit
consciousness to fight for the eradication of dalit discrimination; to claim equality of
treatment, status and opportunity; to equally enjoy all rights ? civil, political, social and
economic ? and respect for the dignity of persons. He was considered a crusader for the
human rights of the Dalits in India. [2]

The Hindu religious belief that "All human beings are not born equal" creates caste-based
discrimination against the Dalits that leads to various forms of violence against them
including public humiliation, torture, rape, beating and killing. Reacting to the values of
Hinduism, Rabindranath Gore wrote,

We do not value Hinduism, we value human dignity... We want equal rights in the society.
We will achieve them as far as possible while remaining within the Hindu fold or if
necessary by kicking away this worthless Hindu identity. [3]
Ambedkar was a great supporter of women's liberation. He blamed the verna system,
which has not only subjugated Dalits but also women. He questioned Manu Smriti (Laws of
Manu), the law book (Dharam-Shastra) of Brahminic Hinduism and attributed to Manu, the
legendary first man and lawgiver. Manu Smriti prescribed the Dharma of each Hindu,
stating the obligations attached to his or her social class and stage of life. It was hostile to
the interest of lower caste people and women. It prohibited re-marriage of widows. He felt
that Manu Smriti was solely responsible for the downfall of Hindu women. He encouraged
the Dalits to embrace Buddhism to liberate their own selves from Hindu subjugation. Hence
he fought for the right to choose ones' faith. After embracing Buddhism, Ambedkar said,
"[U]nfortunately for me I was born a Hindu Untouchable... I solemnly assure you I will not
die as a Hindu." He practiced what he advocated and became a Buddhist in 1956.

He also wrote about the French revolution ideas of fraternity, liberty and equality. He
thought that the French and Russian revolutions failed to realize all three ideas. He
believed that they could not all be realized except through the way of the Buddha. [4]

Means and Ends for Struggle

He adopted various means to safeguard dalit rights. Ambedkar launched a movement

against dalit discrimination by creating public opinion through his writings in several
periodicals such as Mook Nayak, Vahishkrit Bharat, and Equality Janta, which he started
for the protection of dalit rights.

He also launched numerous movements. One of the memorable struggles of the Dalits was
the Vaikkom Satyagraha in Travancore in Maharashtra, [5] which asserted the right of the
Dalits to worship in Hindu temples without hindrance. Another very significant movement
was Mahad March [6] to assert the rights of Dalits to take water from public watering places.
Ambedkar organized the Dalit rally to assert their legal right to take water from the
Chowdar tank. The Chowdar tank of Mahad was made a public tank in 1869. In 1923, the
Bombay Legislative Council passed a resolution to the effect that the Dalits be allowed to
use all public watering places. The Mahad Municipality passed a resolution on 5 January
1927 to the effect that the Municipality had no objection to allowing the Dalits to use the
tank. But the higher castes were hesitant in allowing the Dalits to use the tank. Soon after
this resolution was passed a conference of the Dalits of the Colaba district was held for
two days. Ambedkar also convened a conference on 18-20 March 1927 on this issue. On
20 March 1927, the conference exhorted the Dalits to go to the Chowdar Tank and exercise
their right to take water from it. The Hindus who had exhorted them to be bold instantly
realized that this was a bombshell and immediately ran away. But the electrified Dalits led
by Ambedkar marched in a procession through the main streets and for the first time drank
the water from Chowdar tank.

Another temple entry movement took place at the Kalaram temple at Nasik in Maharashtra
State. On 13 October 1935, at a conference convened on the issue, Ambedkar recounted
the experience of the depressed classes and the immense sacrifices made by them to
secure minimum human rights under the aegis of Hinduism. [7]
Ambedkar fought for the rights of workers and peasants. In the late 1920s and especially in
the 1930s when he had formed his Independent Labour Party, he took up the cause of
tenants (from both the dalit Mahars and the caste Hindu Kunbis) in the Konkan region of
Maharashtra. With the support of radicals then in the Congress Socialist Party, the
Independent Labour Party organized a huge march of 20,000 peasants to Mumbai in 1938,
the largest pre-independence peasant mobilization in the region. In the same year,
Ambedkar joined with the Communists to organize a strike of Mumbai textile workers in
protest against a bill about to be introduced by the British Government to curve labor
strikes. [8] Ambedkar took the lead in condemning the bill in the assembly and argued that
the right to strike was simply another name for the right to freedom of assembly.

British Raj and Protection for Dalits

The demand for safeguards and protection of Scheduled Castes (earlier called Depressed
Class) has a long history dating to Montague-Chelmsford Reform of 1919 during the British
Raj period. Ambedkar had been closely involved in the struggle to give Scheduled Caste
people solid statutory safeguard. He was a delegate at the Round Table Conference in
London, where he asked for separate electorate for the Dalits. It is not a surprise that
subsequently Ambedkar saw to it that the welfare of the Scheduled Caste people were
guaranteed in the 1949 Constitution of India in the form of reservation in legislative,
employment and educational fields.

Ambedkar was a great champion of the dalit cause because he succeeded in turning the
depressed class movement into a revolutionary movement throughout India. Today India
has witnessed the oppressed classes walking on the streets of cities and villages with
confidence and poise, of course many despicable acts of discrimination and violence
against the dalits still occur. Yet the juggernaut of equality is rolling on remorselessly and
forcefully.

Conclusion

Ambedkar is India's foremost human rights activist during the 20th century. He is an
emancipator, scholar, extraordinary social reformer and a true champion of human rights.
[9]
It can be said that he is one of the highly regarded Indians whose emancipation and
empowering role for oppressed groups that cut against the gender divide has inspired
subaltern groups all over the world. All should try to take inspiration from Dr. B. R.
Ambedkar's life and work for the creation of a just and gender-neutral world.

Joseph Benjamin, PhD, is the head of the Department of Political Science, St. Francis de
Sales' College, Nagpur, Maharashtra, India.

For further information, please contact: Joseph Benjamin, PhD, Department of Political
Science, St. Francis de Sales' College, Seminary Hills, Nagpur, Maharashtra, India, ph
(91-712-2511354-) e-mail: jppj@sify.net.in
Endnotes

1 .Shyam Lal and K. S. Saxena, editors, Ambedkar and Nation Building (Delhi: Rawat
Publication, 1998), page 254.

2 .Yogendra Makwana, "Ambedkar-A crusader," in Yogendra Makwana, editor, Ambedkar

and Social Justice (New Delhi: Publication Division, Government of India), 1992, page 68.

3 .M. S. Gore, The Social Context of an Ideology (Delhi: Sage Publication, 1993), pages 91-
97.

4 .Vasant Moon, editor, Dr. Babasaheb Ambedkar Writings and Speeches , volume 3
(Bombay: Government of Maharashtra, 1987), page 462, cited in Gail Omvedt, Ambedkar
As A Human Rights Leader, available in www.ambedkar.org/gail/AmbedkarAs.htm

5 .Shyam Lal and K. S. Saxena, op. cit., page 255.

6 .Babasaheb Ambedkar, Writings and Speeches, Vol. 5 (Bombay: Government of

Maharashtra, 1990), pages 248-252.

7 .A K Majunder and Bhanwar Singh, editors, Ambedkar and Social Justice (New Delhi:
Radha Publications, 1997), pages 159-165.

8 .Gail Omvedt, op. cit.

9 .Dhananjay Keer, Ambedkar: Life and Mission (Bombay: Popular Publication, 1962).

OBC leaders insist that Dr Ambedkar fought for reservation of OBCs as well
and had stated it as one of reasons for his resignation from Nehru
Government, ask Maharashtra government to change the narrative, they are
holding a separate 125th birth anniversary celebration

Days after the grand celebration of Dr Babasaheb Ambedkar's 125th birth

anniversary on April 14, which would be remembered more for the over-
enthusiasm of the right wing leaders ranging from prime minister Narendra Modi
to Maharashtra chief minister Devendra Fadnavis who left no stone unturned to
give the Dalit leader his "due credit" and claim his legacy, the Other Backward
Communities (OBCs) have sought their share of pie in his glory and legacy.
Insisting that Ambedkar had consistently fought for the welfare of OBCs and even
for their reservation in the government jobs and higher education institutions,
the leaders of the community have sought a change in Maharashtra government's
"narrative" so that to give the chief architect of Indian constitution his full and
correct identity before the people.

In a letter, written to the social justice and special assistance department last
week, the OBC leaders have stated, "Rather than projecting Ambedkar as the
"Dalit icon", the government must project him as the "Dalit and OBC icon" which
is more prudent as he fought for backward communities as well." They would also
write to PM about it requesting a change in the narrative of the Centre as well.

Interestingly, they are citing Ambedkar's resignation letter from Pt Nehru

Cabinet in which he served as law minister, as "proof" of the Dalit leader's grave
concern for the OBCs as he stated government's lackadaisical approach towards
the a policy for the community as one the reasons for his resignation.

They also gave credit of OBC reservation to Ambedkar even though it came in
1990 after the recommendations of the Mandal commission.

"Dr Kaka Kalelkar commission of backward class was set up in 1953 because of
Ambedkar's pressure to consider the demand for reservation for socially and
educationally backward communities in India other than ST and SC. The
commission submitted its report in 1955 recommending 52% quota for the OBCs.
It couldn't be implemented as its recommendations were rejected by the Centre."

The OBC leaders are also unhappy for the reason that they were ignored and even
sidelined in the grand celebration of Ambedkar's birth anniversary. To
compensate, they have now organised a grand event on April 30 in Mumbai to
mark Ambedkar's 125th birth anniversary where they would "highlight" his
efforts for the backward community.
"Wherever we travelled in the state and even in Mumbai, we noticed that
Ambedkar's birthday was being celebrated at grand level but everywhere it
remained a celebration for Dalits only. Only Dalit leaders had presided in these
events while OBCs were totally ignored. This was despite the fact that Ambekdar
had equally fought for OBCs also," says Congress MLC Hairbhau Rathod who had
submitted the petition to the state government on behalf of the community.
Rathod was a BJP man till few years ago and had even represented the party in
the parliament during Vajpayi government.

When asked why the community leaders were silent all these years and whether
they have come forward now when Ambedkar is being glorified by the BJP
governments at the Centre and the state, Rathod said, "Even we were unaware of
the fact that Ambedkar had resigned because of the then Central government's no
action on OBC reservation."

Social justice and special assistance Minister Rajkumar Badole

What had Dr Ambedkar written in his resignation speech?
Dr Ambedkar who was the law minister in Nehru-led government has put in his
papers on 27 September 1951. Copy of his resignation speech dated 10 October
1951 is available at "Ambedkar's writing, Volume 14" lists out various reasons for
his decision. Besides, highlighting his dissent towards less important portfolio,
foreign policy, Kashmir issue and dumping of Hindu code Bill, Ambedkar also
cited government's ignorance towards setting up commission of backward classes
as the reasons of his resignation.

"I will now refer to another matter that had made me dissatisfied with the
Government. It relates to the treatment accorded to the Backward Classes and
the Scheduled Castes. I was very sorry that the Constitution did not embody any
safeguards for the Backward Classes. It was left to be done by the executive
government on the basis of the recommendations of a commission to be
appointed by the President. More than a year has elapsed since we passed the
Constitution. But the government has not even thought of appointing the
commission. "
http://www.hrln.org/hrln/dalit-rights.html

Dalit Rights

DALIT AND ADIVASI RIGHTS INTIATIVE

The Indian Constitution banned the practice of untouchablity under Article 17 and the Schedule Caste/
Schedule Tribes (Prevention of Atrocities Act), 1989 was introduced to combat persecution and
discrimination against Dalits and Adivasi (tribal) people. Despite the existence of these strong legal
provisions, Dalit and Adivasi populations have found it virtually impossible to access their rights
through the legal system. In this context, the Dalit and Adivasi Rights Initiative provides legal aid and
rights-awareness to members of Dalit and Adivasi communities and uses the law to ensure that the
violation of Dalit and Adivasi rights are addressed through the legal system.

WHAT WE DO

This initiative works with the affected communities to set up legal aid centers in order to increase
access to justice for Dalit and Adivasi populations. A crucial element of our work is creating awareness
amongst these marginalized communities about their fundamental human rights through training
programmes and publications in vernacular languages on Dalit/Adivasi rights and the law. Another
significant component of this initiative is building a network of Dalit/Adivasi lawyers, while
simultaneously sensitizing the judiciary to the needs and issues of populations marginalized by caste
and tribal status. For this purpose, we organize 10-12 training programmes annually, in different parts
of the country, which function as a forum for discussion, consultation, and sensitization.

This Initiative also files individual cases as well as public interest litigations in order to bring litigation
on Dalit and Adivasi issues into the mainstream. We provide legal expertise in crisis situations by
conducting fact-findings, rescues, and crisis-interventions in cases of atrocities. Our team has
developed alliances with organizations, Schedule Caste/ Schedule Tribe unions and grassroots
organizations; has engaged in advocacy and campaigns; and is part of the larger movement working
for Dalit/ Adivasi rights in India.

ISSUES OF CONCERN

The practice of untouchability and discrimination against Dalits/ Adivasis

Unorganised labour (Migrant Labour, Bonded Labour & Child Labour etc.)
Manual scavenging
Dalit/ Adivasi womens rights
Protecting the rights of couples in inter-caste/ intra-gotra marriages
Dalit/ Adivasi land rights
 Affirmative actions/ Protective Discrimination
Special developmental schemes/ policies related to Dalit/Adivasi populations

MAJOR IMPACTS

The Dalit Rights Initiative at HRLN has been instrumental in bringing about some landmark legal
decisions on Dalit/ Adivasi rights, which have positively impacted the lives of thousands of people
around the country. Dalit populations are often forced into manual labour and scavenging (disposing of
human excrement, animal carcasses, etc.). A decision passed by the Delhi High Court achieved
significant results when the court directed the government to improve the safety conditions of sewer
workers in Delhi. This case, however, also created a wider impact in the Dalit community, when the
courts also directed that the state should aim towards completely phasing out of the employment of
persons to clean sewers, on an emergent basis. (See: National Campaign for Dignity and Rights of
Sewerage and Allied Workers Vs. MCD & Ors.)

Another public interest litigation filed in the Orissa High Court challenged the inaction of the Ministry of
Forest and Environment and the Ministry of Tribal Affairs in implementing the Scheduled Tribe and
Other Forest Dwellers (Reorganization of Forest Rights) Act, 2006. Our petition forced the authorities
to pass orders in all pending applications under the Act within 3 months and clarified that each order
should be verbally communicated to every applicant. (See: Digee Murmu Vs. Union of India)

Our team places particular emphasis on ensuring that the perpetrators of caste-based atrocities are
held accountable for their actions through the legal system. In a historic judgment, the Giridh District
Court granted life imprisonment with a cost of Rs. 25,000 seven persons responsible for killing a Dalit
man. Such judgments set legal precedent and send out a hard-hitting message that the judicial
system will grant no impunity to perpetrators of crimes against Dalits and Adivasis.
Our lawyers have filed a number of individual cases that have achieved significant large-scale results.
For example, one of the major forms of discrimination against marginalized sections is the refusal of
the police to lodge FIRs against upper-caste perpetrators. We have intervened in many such cases,
securing court directions for lodging FIRs and carrying out investigations into cases of atrocities
against Dalits/ Adivasis.

Film

Watch Till the Bitter End

Books

Contact

Email: dalit.delhi@hrln.org
Tel: +91 11 24374501 x 231

Educate, agitate and organizewith justice on our side I do not see how we can lose our battle.it is
a battle for freedom Dr. B.R. Ambedkar
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