constitution hons fundamental right over view towards abolition of untouchable

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FUNDAMENTAL RIGHTS AND ITS ENFORCEMENT Page 1

A Project Report on

BRIEF DISCRIPTION ON ABOLITION OF UNTOUCHABLITY

Subject:

Constitutional Governance

Submitted to:

Ms.RAJPUT SHRADDHA BHAUSINGH

(FACULTY OF CONSTITUTIONAL GOVERNANCE)

Submitted by:

Vivek kumar sai

(B.A.LL.B. (Hons.) 8 th semester, Roll no. 146)

Date of submission:

April 5 th , 2014


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HIDAYATULLAH NATIONAL LAW UNIVERSITY,RAIPUR (C.G).

ACKNOWLEDGEMENTS

I feel highly elated to work on this dynamic & highly popular topic BRIEF DI SCRI PTI ON

ON ABOLI TION OF UNTOUCHABLI TY .I want to make it clear that I am not a master in the

subject, but, I have tried my level best to give a clear picture. This project, however, does not

deal with the topic exhaustively. Not to forget the deep sense of regard and gratitude to my

adviser, M S.SH RADDH A B. RAJPUT who has played the role of a protagonist, who has always

given me guidance to go ahead with my topic. I also take up this opportunity to thank my

colleagues for helping me in completing this project.

Finally I would like to thank God, the Almighty without whose blessings this project would

never have been a success.

VIVEK KUMAR SAI

EIGHT SEMESTER

B.A. L.L.B.(HONS.)

H IDAYATULLAH NATIONAL LAW U NIVERSITY ,


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R AIPUR (CHHATTISGARH )

R ESEARCH M ETHODOLOGY

Aims & Objectives:

Gandhiji and Ambedkar differed in their understanding of modernity in assessing traditions and

in proposing options for India and the world. However, across their differences there was much

that united them, not merely on issues and concerns, but on substantive positions as well. This

project thus aims, at a study of the visions of these two constitutional giants of India. In addition

to exploring the ideologies, assets and thoughts, this project shall attempt to draw out the

relevance of philosophies as advocated by Gandhiji and Ambedkar respectively.

Scope and Limitations:

As this project intends to dwell into the technicalities and philosophical concepts of Ambedkar

and Gandhiji, a peculiar issue of untouchability has been addressed. The research is thus limited

to agreements and disagreements between Ambedkar and Gandhiji on the issue of

untouchability.

Research Methodology:

The researcher has used descriptive method of research. Critical analysis of the policies has been

done in an analytical manner. Doctrinal method is preferred for corroborating the peculiar

features of the concepts adopted by Gandhiji and Ambedkar.


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Table of Contents

The Issue of Untouchability: An Introduction ........................................................................ 5

Untouchability: The Abolished Menace ................................................................................ 5

Forms of Untouchability ........................................................................................................ 5

Abolition of Untouchability under the Indian Constitution, 1950 ......................................... 6

Landmarks in Indian Legal System:....................................................................................... 6

The Story of Ambedkar and Gandhiji: ................................................................................... 7

The Philosophies of Gandhiji and Ambedkar ............................................................................ 7

Gandhijis Concept - Untouchability ...................................................................................... 7

Ambedkars Concept - Untouchability .............................................................................. 10

Analysis of Ambedkars Concept: ....................................................................................... 12

The Disagreements: Analysis of written and unwritten ........................................................... 12

The Social Transformation of Ideas: A Changing Untouchability .......................................... 15

A.] Early Sensitizations against Untouchability: ............................................................... 15

B.] Life Experiences and its Reflections on Anti-untouchability Sentiments: .................... 16

C.] The Social Movements: Campaigns against Untouchability: ...................................... 17

D.] Oppositions and Political Campaigns: ........................................................................... 18

E.] Gandhijis Encounters with Ambedkar: Divergences and Disagreements: ................... 18

F.] Post Yeravda Divergence: .............................................................................................. 20

G.] Perceptions of Untouchability: Ambedkar and Gandhi: ................................................ 21

H.] Measures for Elimination of Untouchability: .............................................................. 22

CONCLUSION ........................................................................................................................ 23

BIBLIOGRAPHY .................................................................................................................... 24


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The Issue of Untouchability: An Introduction

"My fight against untouchability is a fight against the impure in humanity."

- Mohandas Karamchand Gandhi

Untouchability: The Abolished Menace

Untouchability is a direct product of the caste system. It is not merely the inability to touch a

human being of a certain caste or sub-caste. It is an attitude on the part of a whole group of

people that relates to a deeper psychological process of thought and belief, invisible to the naked

eye, translated into various physical acts and behaviors, norms and practices. 1 The problem is of

great amplitude and has various facets that are studied and researched time and again.2

The greatest contribution of Ambedkar and the Congress, which represented the views of

Gandhiji, for the cause of the Scheduled Castes, was that in the Constitution of India, the

fundamental rights including equality before thelaw were made applicable to all citizens of India,

irrespective of caste and creed. It should not be forgotten that Ambedkar was the only member of

the Scheduled Caste in the Constituent Assembly who was elected on a nonCongress platform.

The Constituent Assembly was dominated by the Congress. Although Ambedkar had a major

role as Law Minister in the drafting of the Constitution, all the provisions were much debatedand scrutinized by various luminaries. 3

Forms of Untouchability

Over 80 forms of untouchability have been identified, many of which are apparently free Indias

additions to the list. From time immemorial Dalits have been deprived of their right to education

and the right to possess land and other forms of property. Left with nothing but their physical

labor to earn their livelihood they have all along been forced to do the toughest and most menial

jobs for survival. Apart from the denial of access to public roads, tanks, temples and

1http://navsarjan.org/navsarjan/dalits/WhatIsUntouchability (last accessed on 11.08.2011); See also, H. Kotani, CasteSystem, Untouchability and the Depressed ,2 The Survey by National Law School, Bangalore on Evaluation of the Protection of Civil Rights Acts , 1955 andits impact on the eradication of untouchability, 2008, (http://indiacurrentaffairs.org/survey-onuntouchability-by-national-law-school-bangaluru/ ) (last accessed on 11.08.2011)3 Constitutional Assembly Debates, Vol. XIV, p. 994
http://navsarjan.org/navsarjan/dalits/WhatIsUntouchabilityhttp://navsarjan.org/navsarjan/dalits/WhatIsUntouchabilityhttp://navsarjan.org/navsarjan/dalits/WhatIsUntouchabilityhttp://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://indiacurrentaffairs.org/survey-on-untouchability-by-national-law-school-bangaluru/http://navsarjan.org/navsarjan/dalits/WhatIsUntouchabilityhttp://navsarjan.org/navsarjan/dalits/WhatIsUntouchability


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burial/cremation grounds there are other forms of untouchability. While untouchability is still

rampant and is taking new forms particularly in villages, the constitutional ban and compulsions

of modernity and development have to some extent blunted its rigor. Rail transport has been

unifying forces in society. Although all state governments claim that they have abolished manual

scavenging reports reveal that this practice is very much alive in many places. Postmen have also

been found to practice untouchability. 4

Abolition of Untouchability under the Indian Constitution, 1950

The fundamental rights have been extended to every citizen of this country to guarantee the basic

freedoms extended to individuals. Article 17 of the Constitution has abolished the practice of

untouchability and severely punishes those who practice it. A rticle 21 guarantees right to lifeand liberty. The Indian Supreme Court has interpreted this right to be free from degrading and

inhumane treatment, the right to integrity and dignity of the person, and the right to speedy

justice. 5 When read with Article 39A on equal justice and free legal aid. Article 21 also

encompasses the right to legal aid for those who faced imprisonment and for those who were too

poor to afford at least a counsel. 6

Landmarks in Indian Legal System:

In 1989, the Government of India passed the Prevention of Atrocities Act (POA) which

delineates specific crimes against scheduled castes and scheduled tribes as atrocities and

describes strategies and prescribes punishments to counter these acts. Repeated suggestions

concerning reforms to be done in various provisions of POA, 1989 have been advocated by the

Supreme Court and other legal reform organisations. 7 In the protective sphere, untouchability

was abolished and its practice in any form was forbidden by the AntiUntouchability Act of 1955.

This Act was later reviewed by the Government of India and Protection of Civil Rights Act was

passed in 1976. Due to ongoing need of a further stringent legislation on the subject, Preventionof Atrocities Act, 1989 was passed.

4http://azadindia.org/social-issues/untouchability-in-india.html (last accessed on 11.08.2011)5 S. K. Singh, Bonded Labor and the Law , Deep and Deep Publications, New Delhi, 1994, p.476 Suk Das v. Arunachal Pradesh, AIR 1986 SC 9917 See Surya Narayan Chaudhary v. State of Rajasthan AIR 1989 Raj. 99; Rupabhai v. State of Gujarat; IsmailKalubhaiGharasia v. State of Gujarat MANU/GJ/0795/2004
http://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.htmlhttp://azadindia.org/social-issues/untouchability-in-india.html


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The Story of Ambedkar and Gandhiji:

Both Gandhiji and Ambedkar were great men. While Gandhiji was the Father of the Nation,

Ambedkar was the Father of the Indian Constitution. While Gandhiji was an apostle of peace and

non-violence, Ambedkar became a convert to Buddhism, which preached universal peace and

non-violence. Both of them work edassiduously for the emancipation of the Scheduled Castes,

though their means differed. For Gandhiji, the change had to come primarily in the hearts of

caste Hindus. He staked his life for retaining the Scheduled Castes within the Hindu fold.

Gandhiji wanted political freedom before the rights of various classes could be secured.

Ambedkar agitated for separate electorates but showed generosity of spirit and gave up this

demand to save Gandhiji's life. Ambedkar was fortunate enough to see for himself the initial

progress made by the Scheduled Caste arising out of the safeguards provided in the

Constitution. 8

The Philosophies of Gandhiji and Ambedkar 9

Gandhijis Concept - Untouchability

In 1919, when Gandhiji appeared as a shining star in an Indian political horizon, His magnetic

personality gave a new life to the Indian freedom movement as well as the old congress. UnderGandhijis Indian Congress got face lift and was converted into a mass orga nization, adopting

the policies of non-cooperation and civil disobedience. In the beginning, Gandhiji was firm in his

belief that if the untouchables were permitted to enter the temples, the blot of untouchability

would vanish. It was this belief which prompted Gandhiji to incorporate temple entry as a part of

his anti-untouchability campaign which was intensified during post-Poona Pact period. 10

Therefore Gandhijis anti -untouchability campaign started when he was released from Yervada

prison, Gandhiji made fervent appeals to the orthodox and Santana caste Hindus to open up their

8 Krishnan, Asha, Ambedkar and Gandhiji: Emancipators of Untouchables in Modern India , (Mumbai: HimalayaPublishing House, 1997)9 The researcher has attemp ted broad analysis of views of Ambedkar and Gandhiji on Texts and Traditions. Thegeneral ideology concerning specific issues seems to be a product of these divergent perceptions of fundamentals ofa dynamic society.10 Anil Bharadwaj, Welfare of Scheduled Caste in India , 2002, p.23 11 Ibid ,

p.24


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hearts and treat the untouchables as their brothers and sisters. He also undertook the tour which

is commonly referred to as the Harijan tour during the period of November 1933 to August

1934. On this tour Gandhiji addressed 161places and covered a distance of 12650

miles. 11Gandhiji was a devoted Hindu, and strongly believed that untouchability was

acorruption of Hinduism. His aim was social reform, transforming the Untouchables into a

Varna and removing their former stigma, thereby rectifying the original spiritual corruption of

Hinduism. He believed this would change the attitude of caste Hindu, encouraging the

acceptance of Untouchables as children of God, or harijan , a term coined by Gandhiji in 1933,

and used much more by other castes than Untouchables themselves. 11

After a long campaign for Untouchables, Gandhiji also realized the ugly reality of the caste

system and there was a considerable re-conceptualization of the issue. In 1935, he become a

critic of the caste system but continued to be a votary of Chaturvarna inVarna Dharma .12 That is

the time when his all the comments still criticize by many Dalits activist to dominate and ignore

what Gandhiji did for untouchables but we forget that the same Gandhiji who in 1930 fully

opposed to inter-dining and inter-marriage as he felt that such things should be left to the

unfettered choice of the individuals. In 1935, he was against creating artificial little groups which

would neither inter-dine nor inter-marry.

However, by 1946 there was a complete volte-face in his approach. It was in this year Gandhiji

made a startling announcement to the effect that in Sevagram, his Ashram at Wardha, no

marriage would be celebrated unless one of the parties was untouchable by

birth. 14

And he said:

Untouchability is the sin of the Hindus. They must suffer for it, they must purify themselves,

and they must pay the debt they owe to their suppressed brothers and sisters. Theirs is the shame

and theirs must be glory when they purged themselves of the black sin. The silent loving suffering

of one single pure Hindu as such will be enough to melt the hearts of millions of Hindus; but the

suffering of thousands of non-Hindus on behalf of the untouchables will leave the Hindus

11 Pervez, 2004, and Hardtmann, 2003, 51, Infra note 1812 Based on four varna system, thats why is called as Chaturvarna system 14Harijan,

November 16, 1935 at p. 316


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unmoved. Their blind eyes will not be opened by outside interference, however well intentioned

and generous it may be; it will not bring home to them the sense guilt. On the contrary, they

would probably hang the sin all the more for such interference. All reforms to be sincere and

lasting must be from within. 13Gandhiji in the name of reborn he also said:

I do not want to reborn, but if I have to reborn, I should be born as untouchable, so that I share

their sorrow and suffering, and the affronts leveled at them in order that I may endeavour to free

myself and them from the miserable conditions. I, therefore, pray that if I should be born again, I

should do so not as a Brahmin, Kshatriya, Vaishya or Shudra, but as an Atishudra

(untouchable). 14Analysis of Gandhijis Perspective:

It is to be identified here that W.H. Morris-Jones makes a distinction between different languages

in which political discourse and discussion may be couched. He refers to three such languages-

saintly, traditional and modern. 15 It appears that Gandhiji is located in a stream of thinking that

inclines towards the spiritual end of the spectrum of thought ways. If we go with the

classification as has been made by Morris-Jones, it could aptly be concluded that Gandhiji had

been a speaker of saintly language. For Gandhiji, what is paradoxical is that the industrial

civilization does offer to everybody the promissory note of bettering his material condition

through the fulfillment of ordinary life needs. Influenced by this promise, every individual

unashamedly strives to attain an ever rising level of bodily comfort and luxury. However, itcreates a situation in which only a few can succeed in this and that also at a great cost not only to

themselves but also to others. However, the promissory note keeps alive the hopes that, if one is

not able to break through the barrier of dispossession and deprivation today, perhaps he will be

able to do so tomorrow. But that tomorrow never comes, and, if it comes, it comes only for a few

fortunate ones among the disposed and the deprived. Looking from Gandhijis vision,

Untouchables are an integral part of Hindu Social Order and solution to this problem must be

sought within the fold of that order. This requires removal of all social, ritual, economic

distractions affecting the Untouchables. 16 Thus, it could be noted that Gandhiji was attempting to

unite the society in the sense that man is equal in all respects and love can only identify the

13 The collected works of Mahatma Gandhiji (New Delhi: government of India, Ministry of Information &Broadcasting), 1967, Vol. XXIII, p. 515-1614 Young India, 4th May, 1921, p.14415 These classifications are not exact however, they overlap each other at perspectives and times.16Gandhiji Marg, Gandhiji, Ambedkar and the Untouchables , January-March 2005, p. 403


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solution to all evils. He strongly advocated that Untouchables should not be regarded as a

community separate but should be treated as a class of Hindu Social Order.

Ambedkars Concept - Untouchability

Ambedkar was born in Mahow Indore on 14th April 1891, an untouchable Mahar, and a castegroup that traditionally worked as village servants in Maharashtra. With the help of the Maharaja

of Baroda who was impressed with his intellectual capacities, and due to the fact that his father

had worked in the British army and had some financial means, Ambedkar gained access to an

education traditionally inaccessible to someone of his social position. 17 Still, his education and

later his professional life were strongly marked by the stigma of untouchability. In primary

school he had to sit outside the classroom and was not allowed to drink from the common water

tanks and later, at secondary school, there was objection to his studying Sanskrit, the language of

the scriptures, strictly forbidden for an Untouchable. He had difficulty finding accommodation

both at university hostels, and later when he was stationed in different parts of the country as a

government official. Even when he was appointed Minister for Finance in Baroda (a political

post never before occupied by an Untouchable), he was discriminated against by his peers, who

refused to touch any document he may already have handled. 18 Based on his own experiences,

Ambedkar adop ted a social and political perspective contrary to Gandhijis; to him, the problem

of untouchability wasintrinsic to the whole construction of Hinduism, and he believed there

would be no emancipation of Untouchables without the destruction of the caste system. 19

Ambedkar was popularly known after completing his education he started to work for his people.

First, in 1919, he gave evidence before the South Borough Committee to constitute separate

electorates for untouchables. He started a weekly paper Mooknayak (Leader of Dumb) on 31st

January 1920, to mobilize untouchables for their struggle. 20

17Ambedkar obtained a Ph.D. in economics at Colombia University, New York, in 1916, and a D.Sc. in economicsfrom London School of Economics and Political Science in 1923, the same year he became a barrister at law andwas admitted to the British Bar.18 Perez, R. M. (2004), Kings and Untouchables: A Study of the Caste System in Western India, (New Delhi:Chronicle Books), p.17-1819 A full exposition of this view can be found in Ambedkars Annihilation of Caste: With a reply to MahatmaGandhiji (1936)20Kuber, W. N., 1963, p.18.


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Ambedkar deeply craved a new social order based on the lofty principals of liberty, equality,

fraternity and justice. These principals are the core of his philosophy. In 1924, he established the

BahishkritHitkariniSabha , the untouchables welfare forum. The ai m of which was to prepare

the untouchables for future struggle. Through this Sabha, Ambedkar gave a clarion call to his

peoples to Educate, organize, and agitate. 21 He looked upon law as a vital means for social

change or social engineering, the aim of which should, of course, be social justice. The concept

of social justice is at the center of Ambedkars socio -legal philosophy.

Ambedkars vision of a good social order signifies the need to have a good match between what

is good for one individual and what is good for all individuals. It is this match that constitutes the

foundation of social democracy that he visualizes as the most preferred social and political

system. This match, has however, to be achieved and maintained in a situation where man is

primarily, to use a Greek term, idiotic , that is, a being who is engaged in the sole task of meeting

the demands of his own private existence, demands that have their roots in the private dimension

of his existence, as separated from others of his kind in the society.

Though analyses of the problems of untouchables as put forth by Ambedkar may only be an

indicator of the prevailing system and condition of his times, His ideas continued to guide the

successive government in formulating the welfare policies for Dalits and others depressed

classes. At present, Dalit activists and NGOs who work for Dalits Human rights, using his three

words Educate, Organized, Agitate to libratesDalits.

Thus, Ambedkar did not contend himself with elaborating a theory of casteswhich culminated in

the idea of graded inequality; he also devised an untouchabletradition susceptible to remedy the

former. If they recognized themselves assons of the soils and Buddhists, the Untouchables could

better surmount theirdivisions into so many jatis and take a stand together as an ethnic

groupagainst the system in its entirety. Omvedt underlines that by the end of his lifeAmbedkar

was working on a grand theory of the origin of the Untouchables andthe conflict between theircivilization and Hinduism. The notion of autochthonyplayed a key role in this theory. Ambedkar

21 Anil Bharadwaj, Welfare of Scheduled Caste in India , 2002, p.45


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argued that if Hindu India had beeninvaded by Muslims, Buddhist India had been subjugated by

Brahmins outsidersmuch before. 22

Analysis of Ambedkars Concept:

Ambedkar has vehemently opposed Gandhiji and his condemnation of machines. Ambedkar did

so precisely because Gandhiji celebrated toil or at least, physical labor with a view to promoting

self-dependence in fulfilling the need for food, on the one hand, and, on the other hand to

counterbalance the pronounced tendency today towards intellectual voluptuousness. Ambedkar

equally detested Marxists although he praised Marx for advancing a philosophy that was

satisfying the lower order of the society. 23

For Ambedkar, equality did not a stop with all varnas being equal. In fact he harshly criticized

the caste-system and wanted Untouchables to have no part in it. When headvocated equality, he

referred to equality in the economic. While Ambedkars dreams are still far from being realized,

his contribution was realisticand lasting. 24 He was largely responsible for creating reserved

positions for untouchablesin the civil service, legislatures and higher education. But

moreimportantly, his major contribution was to have emphasized the importance of action from

below: that political organization was indispensable to securing justice and basic human

rights. 25Ambedkar was committed to secular perspective on man and his world. 26 His social

philosophy could be said to be in the wo rds, Liberty, Equality and Fraternity. 27

The Disagreements: Analysis of written and unwritten

The disagreements in the ideologies of Gandhiji and Ambedkar could be aptly illustrated in the

period 1930-1940, wherein major criticisms of Gandhiji and his movements were advocated by

Ambedkar. It is relevant to note that, given the socio-economic conditions of untouchables and

22 Christopher Jeffrelot, Dr.Ambedkars Strategies against Untouchability and Caste System , Indian Institute ofDalit Studies, 2009, Vol. III, No. 4, p. 323Gandhiji Marg, Gandhiji, Ambedkar and the Untouchables , January-March 2005, p. 39324 B. R. Ambedkar, The Untouchables: who were they and why they became untouchables, p. 37-3925SukdeoThorat, Ambedkars Role in Economic Planning26Gandhiji Marg, Gandhiji, Ambedkar and the Untouchables , January-March 2005, p. 39127 Dr. Baba SahebAmbedkar: Writings and Speeches , Government of Maharastra, 1982, p. 222-223


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their concomitants of degradation, humiliation and exploitation, it was natural for Ambedkar as

their undisputed leader to prefer their social and economic uplift. He is on record to say that, for

him, the untouchables interest was prior to that of the country and that he would always give

precedence to the former. 28It has been pointed out earlier in the project that ideologies of

Gandhiji and Ambedkar were different in many respects. It is nonetheless relevant to state here

that their approach as to untouchables and untouchability is in entirely antithetical ways. It is

therefore, not surprising that Gandhiji chided Ambedkar for his particularistic obsession with the

good of the untouchables alone ignoring the larger claim of the whole of which the untouchables

formed only a part. 2930 Ambedkar was however adamant in getting social, economic and political

concessions for untouchables. In his discussion with Gandhiji about the terms of speculated

Poona Pact, Ambedkar insisted: I want political power for my community. The basis of

agreement should be: I should get what is due to me. I wish to tell the Hindus that I should beassured of my compensation. Gandhijis counter -argument that he has in his mind the interest of

whole community, and that he does not like the idea of dividing the community for the benefit of

the untouchables alone had no effect on Ambedkar. Influenced by this perspective, Gandhiji

vehemently opposed separate electorates and argued that it would spell their bondage in

perpetuity. The radical difference between Gandhiji and Ambedkar in viewing the problems of

untouchables and in advancing solutions to these problems can be better appreciated by their

statements.

Gandhiji said: With all my regard for Dr Ambedkar, and for his desire to see the untouchables

uplifted, with all my regard for his ability, I must say in all humility, that great wrong under

which he has labored and perhaps the bitter experiences that he has undergone, have for the

momentwarped his judgment. It hurts me to say this, but I would be untrue to the cause of the

untouchables, which is as dear to me as life itself, if I did not say this. I will not bargain away

their rights for the kingdom of the whole world. 32 Moreover, Gandhiji was convinced that

Ambedkar was not at all working for the promotion of the interests of all untouchables; what he

was, in fact, doing had the consequence of bringing about a double split, one among the

28 Writings and Speeches of B.R. Ambedkar, Bombay Legislative Assembly, Vol. II, p. 25829Gandhiji Marg, Gandhiji, Ambedkar and the Untouchables , January-March 2005, p. 40330 November, 1931 at Minorities Committee of the Round Table Conference


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untouchables and other in Hindu social order. 31 Responding to the observations of Gandhiji,

Ambedkar in the single-minded pursuit of his mission, hinted that he treated everyone who failed

to see his point of view enemies. And this was one point that pitched Ambedkar against

Gandhiji. As he himself made it clear to Gandhiji when he met him in England on 22 September

1932 I have only one quarrel with you. You are working for so -called national welfare and not

for our interest alone. If you devoted yourself entirely to the welfare of the depressed classes, you

would then become our hero. 34It is out of this attitude that Ambedkars concept of politics

differed sharply from that of Gandhiji. For Gandhiji, politics, devoid of its spiritual underpinning

was an invitation to conflict and violence. However, Ambedkar held entirely a different view of

politics. Underlying this difference was their differential understanding of what the term

political signified. 32If Gandhiji embraced this idea of political, Ambedkar did not. For

Gandhiji, the principal objective of political action was to preserve harmony and goodwill in thecommunity. He recognized that there are conflicting interests and views; however, they could be

reconciled through persuasion based on the commitment to the exploration of truth. His

conception of satyagraha is rooted in this perspective which he treated as not only the

instrument par excellence of avoiding conflict but also of preserving order and harmony; in

addition it was an apt of exploring the truth also. In contradiction to this, Ambedkar treated

society simply as an aggregate of separate socio-economic groups, each of which is looking for

the promotion and preservation of its own interest. In this process conflicts do emerge which

have to be resolved on the basis of negotiation, bargaining and compromise. In this perspective,

politics is nothing else than a process of reciprocal resistance in which superior power position

and, dependent on it, the bargaining powers are crucial factors. It is neither morality nor the

concern for the collective interest of the community that matters. Ambedkars single minded

pursuit of interest of the untouchables stemmed from this differential conception of political

action. Writing about the relationship between Gandhiji and Ambedkar, Nagraj refers to the

irony of the ironies that is to understand the nature of Babasahebs political career one has to

place it along with Gandhijis for the divergence between the two will highlight the unique

31 Collected Works of Mahatma Gandhiji, Vol. 57, Appendix A, p. 440 34 Ibid, p. 43932 John H. Schaar, Escape from Authority: The Perspective of Erich From on , (New York: Basic Books), 1969, p.296


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problems of the former. 33Thus, the conflict between Gandhiji and Ambedkar is not ideological;

it is essentially philosophical reflecting antagonistic views on how to order human life. It is this

aspect of the relationship between Gandhiji and Ambedkar that most commentators and critics

lose sight of and, therefore, fail to see the cosmic drama played out in the microcosmic event of

the movement of Harijan uplift. 34 As a result, they offer seemingly credible but really highly

distorting interpretation of the relationship between Gandhiji and Ambedkar. As a result, we

enter into a stage of confusion, in which anybody can easily be right because everybody else is

wrong to the extent that it is sufficient to stress the opposite of what somebody else says in order

at least to be partially right as the opponent. 35 This is what has happened in the case of Gandhiji.

While Ambedkars brand of politics has become regent, philosophical realist cannot escape the

strange destiny that is his. Uncompromising attacks are his lot and equally incomprehensible

praise, at best some pragmatic misuse of his arguments for a partisan purpose, and for the restoblivion. 36

Ambedkars policies could best illustrated in the following terms: "But I tell you that the

Congress is not sincere about its professions. Had it been sincere, it would have surely madethe

removal of untouchability a condition, like the wearing of khaddar, for becoming a member of

the Congress." 37

The Social Transformation of Ideas: A Changing UntouchabilityA.] Early Sensitizations against Untouchability:

Gandhiji has stated that his first encounter to untouchability was during his visit to India in 1896

from South Africa. 38 While Ambedkar refutes, western authors explaining caste hierarchy by

resorting to racial factors. 39 There were great disagreements amongst the two philosophers as to

untouchability and problems appended thereto. Both Gandhiji and Ambedkar had unpromising

33JhrglnGebhart and Thomas A. Hollweck, eds., Eric Voegelin, History of Political Ideas: The New Order and Last Orientation (Missouri University Press, Columbia), 1999, p.19434 Bombay Legislative Assembly Debates, 27 October 1939 in Writings and Speeches, Vol. 2, p. 52935 Ibid , at p. 19736 Ibid at p.198-199, Loccit37 From an article of New York Times, Nov. 30, 193038 M.K. Gandhiji, An Autobiography , Part II, Chapters XXIV Homeward and XXV in India, pp. 152 157.39 B.R. Ambedkar, The Untouchables. Who were they and why they became Untouchables? inDr.BabasahebAmbedkar Writings and Speeches, vol. 7, pp. 290-303.


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views against untouchability and its other credentials. 40Ambedkars observation could be

analyzed from his statement: It explains why the Untouchables regard the Brahmins as

inauspicious, do not employ them as their priests and do not even allow them to enter into their

quarters. It also explains why the Broken Men came to be regarded as Untouchables. The

Broken Men hated the Brahmins because the Brahmins were the enemies of Buddhism and the

Brahmins imposed untouchability upon the Broken Men because they would not leave

Buddhism. 44

Similarly Gandhiji noticed the invidiousness of untouchability and the segregation

ofuntouchables in towns and villages. He refers to them as some of the classeswhich render

us the greatest social service, but we Hindus chose to regard asuntouchables and they are

relegated to the remote quarters of a town or village called in Gujarati Dhedvado .41 Thus, we

can see that there remains something inherent in the ideology of the philosopher deriving a lot

from their experiences. To put it more accurately, we can see writings of Wil li am James on

Pragmatism, wherein he mentions that there is an underlying truth in the philosophy of our life

and to those of us as well to whom such truths remain unknown, and that such instances of truth

gives the coherence and direction to thoughts and actions. 42

B.] Life Experiences and its Reflections on Anti-untouchability Sentiments:

Gandhiji has considered the travails of Indians in South Africa to be a replica of the condition ofuntouchables in India. Gandhiji has recorded his abomination in the following words: Hindu

defects were pressingly visible to me. If untouchability could be a part of Hinduism, it could but

be a rotten part or an excrescence. 43Ambedkar on the other hand, was confined to the

leadership skill of the untouchables.Thus, Ambedkar did not contend himself with elaborating a

theory of casteswhich culminated in the idea of graded inequality; he also devised an

untouchabletradition susceptible to remedy the former. If they recognized themselves assons of

the soils and Buddhists, the Untouchables could better surmount theirdivisions into so many jatis

40 See for example, Gandhijis speech on untouchability , Akola on 6 February 1927, reported in the Young India of 17 February 1927, reprinted in M.K. Gandhiji ( Collected Works , Vol. XXXIII, p. 49) 44Supra note 42 at p. 31741 M.K. Gandhiji, An Autobiography , Part IV, XIV Coolie Locations or Ghettoes?, pp. 264 -26542 N.M. Butler, Philosophy , p. 18, 43 in Benjamin N. Cardozo, The Nature of Judicial Process , 1921, (OxfordUniversity Press, London), Lecture I, p. 443 M.K. Gandhiji, An Autobiography , Part II, Chap. 15, pp. 125-128 48Supra note 24 at p. 8


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and take a stand together as an ethnic groupagainst the system in its entirety. 48 Thus differed

views were concomitantly united.

C.] The Social Movements: Campaigns against Untouchability:

Gandhiji, soon after his induction to Indian National Congress, started his movement againstuntouchability in which he motivated the untouchables to join the national movement. 44In fact, in

the memorandum submitted by Dr.Ambedkar to the Minorities Committeeof the Round Table

Conference (RTC) in 1930, he mentioned that socialboycott is the most formidable weapon in

the hands of the orthodox classes with which they beat down any attempt on the part of the

Depressed

Classes to undertake any activity if it happens to be unpalatable to them .45In the Young India of

25 May 1921, as seen from Swami Shraddhanandsletterdated 23 May 1922 to the All India

Congress Committee (AICC) General SecretaryVithalbhai Patel, Gandhiji put the question of

untouchabilityin the forefront of the Congress program. 46Many of Gandhijis formulations are

unrealistic, but they show that Gandhijihad become acutely aware of and seriously concerned

about the Panchamas andthe practice of untouchability against them and took a firm stand

againstuntouchability. During the inner practices 52 that were considered by various

commissions and meetings, Ambedkar had praised quite a few of them, more specifically

Swami Shraddhanands feelings about untouchables and untouchability. 47 It appears to be the

most important instance of concurrence of Gandhi and Ambedkar while they appreciate writings

of Swamiji on untouchability. 4849 Gandhiji came closer to the issues of SCs (depressed

classes/untouchables) and OBCs through the Vaikkom and Guruvayursatyagrahas in Kerala, his

44 Recorded in Young India , October 27, 192045 B.R. Ambedkar, What Congress and Gandhiji Have Done, cited in Moon, 1990: 4346 B.R. Ambedkar, What Congress and Gandhiji Have Done , cited in Moon, 1990, Appendix I, pp. 298 301 52 In1922, the Congress adopted a Constructive Programme of social amelioration at the meeting of its WorkingCommittee at Bardoli, held in February, 1922, known as the Constructive Programme of social amelioration andalso as the Bardoliprogramme.47 B.R. Ambedkar refers to him as the greatest and the most sincere champion of the untouchables (Ambedkar,What Congress and Gandhi Have Done cited in Moon, 1990: 28).48Gand hijis speech on untouchability at Akola on 6 February 1927, reported in Young India dated 17 February49 , reprinted in M.K. Gandhi, Collected Works , Volume XXXIII, p. 49; his speech at Jamui, on 27 January 1927,reported in the Search Light dated 4 February 1927, reprinted in Collected Works , pp. 23 24; his convocationaddress at Gurukul, Kangri on 19 May 1927, reported in Young India dated 31 March 1927, reprinted in CollectedWorks , Volume XXXIII, pp. 168 69.


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interactionswithNarayanaguru and finally his famous encounters with Dr Ambedkar in the

Second RTC and thereafter. 50

D.] Oppositions and Political Campaigns:

It is worth remembering t hatSwamyShraddhanand was the first person to use the term dalit,translatingSwami

Vivekanandas term Suppressed Classes to refer to the untouchablesandGandhiji adopted

Vivekanandas term in 1920 an interesting and significantconvergence.Gandhiji continuously

expressed his appreciation of the significance of thissocio -religious movement in his various

articles and interviews. But, unrealistically,he held that the silent, living suffering of one single

pure Hindu as suchwould be enough to melt the hearts of millions of Hindus. 51The Guruvayur

Krishna temple, then in the PonnaniTaluk of British Malabar andnow in the Thrissur district ofKerala, was the venue of an important satyagrahain 1932 which started with the agitation for

securing the untouchables entry intothe temple by a Congress leader K. Kelappan, a caste Hindu

who was working forthe cause of untouchables of Malabar. This satyagraha too attracted wide

participationof the victims of untouchability as well as upper castes. Among theparticipants

were E.M.S. Namboodirippad and A.K. Gopalan, then CongressSocialists, who later became

important communist leaders of Kerala and India.On the 20 September 1932, Kelappan

commenced a protest fast lying in front ofthe temple in the sun. On Gandhijis request he

suspended his fast on 1 October1932. 52

E.] Gandhijis Encounters with Ambedkar: Divergences and Disagreements:

a.) The First Interaction of Gandhiji with Ambedkar:

Gandhijis first recorded notice of Dr Ambedkar is in 1927 in his article in YoungIndia d ated 28

April 1927 in which he also expresses his support for the MahadSatyagraha. The exercise of their

lawful right to take water from the public tankon 20 March 1927 by the

50 The Vaikkom Satyagraha, started in 1924, was the first organised mass struggle against untouchabilityconducted in Kerala by the victims of untouchability. It was undertaken under the leadership of T.K. Madhavan, a

prominent disciple of SreeNarayanaguru and a Congressman. [See P.S. Krishnan, SynthesisingGandhi-Ambedkar-Narayanguru-marx visions for dalit liberations , Sage Publications, 2011, 41:1]51 Collected Works of Mahatma Gandhiji, Vol. XXIII, Vaikkom Satyagraha , pp. 515-51952Ambedkar, What Congress and Gandhi Have Done cited in Moon, 1990: 115 16 in P.S. Krishnan,Synthesising Gandhi-Ambedkar-Narayanguru-marx visions for dalit liberations , Sage Publications, 2011, 41:1


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untouchables gathered at a conference of depressedclasses under the leadershi p of Dr

Ambedkar and the violence unleashed by a mobof touchables on peaceful untouchables was

brought to the notice of Gandhiji.Gandhiji describes this incident as unprovoked lawlessness on

the part of the socalled higher castes. Gandhiji was unequi vocal about who was at fault he said

that the blame is all on the side of the touchables. Brute force will notsustain

untouchability. It will bring about a revolution of feeling in favour of thesuppressed

classes. 53Gandhijis introduction to Dr Ambedka r and his work and his referenceto them were

positive and showed convergence. Unfortunately, this convergencedid not continue and the

divergences between the two began to find expression.

b.) Primary Divergence- Constitutional Project and YeravdaConvergence:

The main divergence between Gandhiji and Dr Ambedkar arose against the backgroundof the

Constitutional reforms which the British government was contemplatingin partial response to the

nationalist movement under the leadership ofGandhiji. A Royal Commission under the

chairmanship of Sir John Simon (SimonCommission) was appointed in 1928 by the British

government. After the SimonCommissions work, representative Indians were called to London

at a RTC withthe representatives of the British parliament and the British

government.DrAmbedkar and DiwanBahadur R. Srinivasan were invited to represent

theuntouchables at the RTC.Thefundamentalissue in the controversy between the Congress andthe untouchables, according toDrAmbedkar, is: Are the untouchables a separ ate element in a

nation like India or are they not? 54They are a separate element according to Dr

Ambedkar.According to the Congress and Gandhiji they are not a separate element but are

achip of the Hindu block. According to Dr Ambedkar they are not only a separateelement, but

the most vulnerable section of the Indian population.From this difference arose the difference in

their approach to the proposedConstitution for a free India. According to the Congress, the

Constitution of freeIndia would be democratic, based on adult franchise. 55This was followed by

theprotest fast unto death against the grant of separate electorates for untouchables,from the

20th September, 1932, undertaken by Mahatma Gandhi who was lodgedin the Yeravda prison in

53 M.K. Gandhi, Collected Works , Volume XXXIII, pp. 267-26854 B.R. Ambedkar, What Congress and Gandhi Have Done , cited in Moon, 1990: 18155 P.S. Krishnan, Synthesising Gandhi-Ambedkar-Narayanguru-marx visions for dalit liberations, Sage Publications,2011, 41:1, at p. 14


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Pune from the time he returned to India after the secondRTC. The entire national leadership

rushed to Yeravda prison in a bid to find asatisfactory solution and save Gandhijis life. On their

request Dr Ambedkaralsowent to Yeravda. As a result of intense negotiations a compromise was

struckbetween them whereby an agreement known as the Poona Pact or YeravdaPactwas signed

on 24 September 1932 by which separate electorates were given upand a system of

representation for the depressed classes by reservation in a largernumber of seats then provided

in the McDonald Award was agreed upon. 56In a speech in 1917, Gandhiji, referring to

untouchability as a serpent, warnedthat if Hinduism does not destroy this serpent while there

is yet time, it will bedevoured by it. 57

It is for the caste Hindu leaders of society,polity, economy, academia and media to show by their

personal behaviorandactive social action and performance that there is no link between the

Hindu religionand untouchability unfortunately they are yet to seriously undertake

thisresponsibility they owe not only to the SCs, but also to the memory of Gandhiji,Ambedkar

and other great nationalists of Yeravda and to the cause ofthe Indian nation. If they are not

prepared to perform this type of socialamputation, no amount of arguments will convince the

victims of untouchabilitythat it is not part of Hinduism and it is not sanctioned by Hindu

scriptures. Theball is in the court of the caste Hindu leaders of society, polity, economy,

academiaand media. 58

F.] Post Yeravda Divergence:

In true Yeravda spirit, within a week after the pact, at a large public meeting on30 September

1932 under PanditMadan Mohan Malaviyaspresidentship, resolutionswere passed assuring

Mahatma Gandhi that a quickening of conscience hasbeen seen in the Hindu community in the

last few days on the question ofUntouchability and that all possible steps will be taken to

translate this enthusiasminto action with a view to remove the virus of Untouchability from

theHinducommunity and deciding to establish an All -India Anti-UntouchabilityLeague

(AIAUL). 59Certain actions of the Congress leaders of AIAUL, differences in approachleading to

56 Ibid at p. 1557 M.K. Gandhi, Collected Works , Vol. XIV, 20. A Sta in on Indias Forehead , p. 7358Supra note 60 at p. 2059Pyarelal, The Epic Fast , 1932, Ahmedabad: MohanlalMaganlal Bhatt, at p. 181-193 in P.S. Krishnan, SynthesisingGandhi-Ambedkar-Narayanguru-marx visions for dalit liberations , Sage Publications, 2011, 41:1, at p. 19


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Mayavaramin his speech on 1 May 1915. 62Connected with the divergence of Gandhiji and Dr

Ambedkar in their perceptionand understanding of untouchability w as the divergence in their

views onthe caste system. Gandhiji believed that caste system minus untouchability isauseful

social arrangement worth preserving. 63

H.] Measures for Elimination of Untouchability:

Based on their basic differences of perception of untouchability, its meaning, itsramifications,

its socio-economic functions and its political implications in thecontext of Constitution-making,

the approach of Gandhiji and Dr.Ambedkartothe solution of the problem of untouchability also

had certain fundamentaldifferences.Gandhiji carried out a consistent campaign, before the

Yeravda Pact and moreintensely after that pact, and the resolution of 25 September 1932 against

untouchability.But this campaign was directed against touch -me-not- ism and

centrallyagainst denial of entry of untouchables into temples.

He believed that if templeentry was achieved, at one stroke it would open the door to the

achievement offreedom of education and economic advancement to the untouchables. 64Dr

Ambedkar criticized RangaIyers Temple -Entry Bill because it did not referto

untouchability as a sin. Gandhiji, day in and day out, referred to untouchability as a sin and

as a crime 65 a significant convergence in the midst of theirdivergence on untouchability.The

decades after the Gandhi Ambedkar controversy on this point, includingthe decades afterindependence has, brought home how pernicious andpersistent the caste system is. Though the

Constitution does not specifically outlawthe caste system as it has outlawed untouchability, the

Supreme Court hasinterpreted the Constitution to mean that its goal is a casteless society in

itsjudgment on 10 April 2008 in Central Educational Institutions (Reservation inAdmission) Act,

2006 case. 66Dr Ambedkars efforts from the time of the Simon Commission onwards werein the

context of the imminent constitutional reforms and focused on ensuring thatthe Constitution

62 Reported in Hindu dated 3 May, 1915; Reproduced in M.K. Gandhi, Collected Works, Vol. XIII, 69. Speech atReception in Mayavaram, pp. 69 -7063Supra note 59 at p. 108-11364Gandhijis interview to the Associated Press on 14 February, 1933, reproduced in What Congress and GandhiHave Done to the Untouchables, cited in Moon, 1990, p. 108-113 in P.S. Krishnan, Synthesising GandhiAmbedkar-

Narayanguru-marx visions for dalit liberations, Sage Publications, 2011, 41:1, at p. 2465 M.K. Gandhi, Collected Works , Vol XIII, p.225, 25966 Ashoka Kumar Thakur v. Government of India, (2008) 6 SCC 1 72 Supra, note 69 at p. 27


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which came in the shape of Government of India Act, 1935 hadin-built safeguards for the SCs,

but his movement was much larger and covered abroad spectrum including education, and

economic measures apart from a frontalattack on caste system and untouchability. 72

CONCLUSION

The contribution by both Ambedkar and Gandhiji is of utmost importance while dealing with the

issues directly or in any incidental manner. For an objective study of the debate, it is essential to

concentrate historical events prevalent at the time of the origins of the concept of untouchability.

In order to critically analyze the importance of contributions that have been made by Ambedkar

and Gandhiji, one needs to ponder over the philosophical contexts under which the authors have

advocated the spirits of untouchability and thus pursued its various spirits.


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BIBLIOGRAPHY

1. Ambedkar, B.R., Castes in India: Their Mechanism, Genesis and Development, Indian

Antiquary, May 1917, Vol.61 reproduced in Dr.BabasahebAmbedkar Writings and

Speeches, Vol. 1, Bombay, Government of Maharashtra, 1979.

2. Ambedkar , B.R., The Untouchables: Who they are and why they became

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3. Bharadwaj, Anil, Welfare of Scheduled Castes in India, 2002

4. Chandra, Ramesh; SanghaMitra: Untouchability and the Law

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(Mumbai: Himalaya Publishing House), 1997

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14. Perez, R.M., Kings and Untouchables: A study of the Caste System in Western India,

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Singh, S.K, Bonded Labor and the Law, Deep and Deep Publications: New Delhi
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