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Ambedkar and social justice: Structural & Functional Understanding
Dr. Ram Dev BharadwajDirector
Centre for Ambedkar Studies
ProfessorDepartment of Political Science
Rani Durgavati University
Jabalpur(MP)
Ambedkar can be termed as the omnipresent organic leader of modern
India. In the era of globalization with the information revolution and
presence of Dalit Diaspora, Ambedkar is revered all over the world and truly
he has become a Global icon. Today Ambedkar is accepted not only as a
Dalit leader or only a Constitution maker but also as a nation builder, a
human rights, champion, and Global Icon. The focus of this key not
address is a humble effort to understand and analyze how Ambedkar
conceptualized the principles of social justice. However, before we analyze
his ideas of social justice let us look at the concept of social justice as
propounded by the different social scientists. Based on the principles
enshrined in the scientific definition of Social justice we will evolve apurposive definition of social justice with principles as envisaged by
Ambedkar.
There are two fundamental types of human nature -creative and possessive.
Creative humans use human intellect for creative endeavors which enriches
human thought; Jotirao Phoolay, Periyar and Dr. Babasaheb Ambedkar they
all belong to the great class of Creative knowledge and wealth thereby
contribute to the development of human heritage for the posterity.
Possessive people, on the other hand do not believe in the use of human
intellect for creative purpose. Gautam Christ, Guru Nanak Kabeer, Ravidas,Tukarama, Krantiba humans called as Humanists in Buddha, Jesus Indian
context Ambedkar was one of the most remarkable leaders who played a
major role in Indian politics, especially for the upliftment of the
downtrodden
Understanding Social Justice
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justice is to be considered as giving to each what he or she is due." The
problem is knowing what is "due. Functionally, "justice" is a set of
universal principles which guide people in judging what is right and what is
wrong, no matter what culture and society they live in. Justice is one of the
four "cardinal virtues" of classical moral philosophy, along with courage,
temperance (self-control) and prudence (efficiency). (Faith, hope and charity
are considered to be the three "religious" virtues.) Virtues or "good habits"
help individuals to develop fully their human potentials, thus enabling them
to serve their own self-interests as well as work in harmony with others for
their common good. The ultimate purpose of all the virtues is to elevate the
dignity and sovereignty of the human person. Socialjustice encompasses
economic justice. Social justice is the virtue which guides us in creating
those organized human interactions we call institutions. In turn, social
institutions, when justly organized, provide us with access to what is good
for the person, both individually and in our associations with others. Socialjustice also imposes on each of us a personal responsibility to work with
others to design and continually perfect our institutions as tools for personal
and social development.
The concept of social justice is based on a variety of factors, like political
orientation, religious background, and socialphilosophy . social justice is
concerned with equal justice, not just in the courts, but in all aspects of
society. This concept demands that people have equal rights and
opportunities; everyone, from the poorest person on the margins of society
to the wealthiest deserves an even playing field.Equal rights can be defined
as equal access to things that make it possible for people in any societal
sector to be successful. Therefore, leftist philosophy would support things
like anti-discrimination laws and equal opportunity programs, that help
provide equality for all.social justice, sometimes called civil justice, is a
concept largely based on various social contracttheories. The concept is not
limited to upholding human rights; but concerning more equitable
distributions of wealth and resources. Social justice refers to the overall
fairness of a society in its divisions of rewards and burdens. It stands for the
principle that all persons are entitled to "basic human needs", regardless of"superficial differences such as economic disparity, class, gender, race,
ethnicity, citizenship, religion, age, sexual orientation, disability, or health".
This includes the eradication of poverty and illiteracy, the establishment of
sound environmental policy, and equality of opportunity for healthy personal
and social development.
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Plato defined social justice as, the principle of a society consisting of
different types of men who have combined the impulse of their need for
one another and their concentration on their combination in one society and
their concentration on their separate functions, have made a whole which is
perfect because it is the product of image of the whole of the human mind
In modern times the term social justice was first used in 1840 by a Sicilian
priest, Luigi Taparelli d Azeglio. However, Antonio Rasmini Serbasti gave
the term prominence in his work, La constitutione Civile Secodo La
Giurtizia Sociale in the year 1848 . (1)
The notion of Social Justice, is thought to mean the promotion of equality
through comprehensive government action. In practice this intervention has
not often produced equitable results, resulting in favoritism towards classes
of people, restrictions of personal liberty and excessive regulatory burdens.
Many critics regard the guarantee of equal outcomes implicit in many socialjustice movements antithetical to the notion of equal opportunity, as it
frequently requires special, favored treatment to arbitrary classes of people.
Actual justice, they argue, holds all persons to the same standards and does
not penalize success nor reward failure, but holds all persons to the same
standards regardless of their race, ethnic origin, financial condition, religion
or beliefs.
People concerned with social justice hold some or all of the following
beliefs:
(1)Historical inequities should be corrected by governmental action until the actual
inequities no longer exist.
(2)Temporary favoritism towards some classes of people is acceptable if it advances
important public policy goals.
(3)It is government's responsibility to ensure a basic quality of life for all its citizens.
The term social justice is generally so phrased in order to distinguish this
particular concept from concepts ofjustice in law some of which,
according to their critics, are decidedly unjust in a social sense and from
concepts of justice as embedded in systems of morality which may differ
between cultures.People who are critics of this notion may hold some or all of the following
beliefs:
(1)Favoritism as a policy is inherently unjust.(2)Those that succeed should not be penalized by being compelled to support those who
do not.
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(3)Personal liberty is more important than government's social policies.
(4)Social Justice is just a cover for social engineering, which is expensive and always
fails.
When we analyses Ambedkar,s social philosophy and his views about the
concept of Social Justice it is clear that Dr. Ambedkar in America,
studied the western liberal thought and the humanitarian philosophy
expounded by great thinkers such as Prof. John Dewey, who was also his
teacher, John Stuart Mill, Edmund Burke, and Prof. Harold Laski to name a
few. The impact of this original thinker on Dr. Ambedkars mind is evident
from the frequent quotations one comes across in his writings and speeches.
Whereas the West gave Ambedkar his weapon, the Indian masters gavehim his soul force .Social Philosophy of Dr Ambedkar be enshrined in
three words: Liberty, equality, and fraternity. He said , I have borrowed my
philosophy from the French Revolution. ..I have derived them from the
teachings of my master, the Buddha.(2)
Dr. Ambedkar believed that if he succeeded in his struggle struggle for a
just social order it will prove a blessing for all Indians, not merely any
group or community. He wanted the dominating section of our people to
adopt a strong position against the hierarchical social order. Regrettably, not
many have taken a position. My ideal would be a society based on Liberty,
Equality and Fraternity. An ideal society(a) should be mobile, (b)should befull of channels for conveying a change taking place in one part to other
parts,(c) there should be many interests consciously communicated and
shared. (d)There should be varied and free points of contact with other
modes of association. In other words, there must be social endomosis. (3)
Karl Marx has scientifically analyzed this conflict by applying the principles
of dialectical materialism to the sphere of social phenomenon and described
it as the historical materialism. Slavery, apartheid, gender bias and caste
system are the abominable creations of possessive peoples for the
exploitation of creative people. These are man made evils created by man forthe exploitation of man. Those, who have raised their voices against these
evils and given a relentless fight against the prevailing social order of their
times in order to free the creative peoples from the shackles imposed on
them have become immortal personalities in the human history.(4)
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Mahatma Phule , Periar & Social Justice
Mahatma Jotiba Phule (1827-1890) is regarded one of the pioneer of
social justice and being considered as an activist, thinker, social
reformer, writer,philosopher, theologist, scholar, editor and revolutionary of
the nineteenth century. Jotiba Phule and his wife Savitribai Phule were the
pioneer of women's education in India. His remarkable influence was
apparent in fields like education, agriculture, caste system, women and
widow upliftment and removal of untouchability. He is most known for his
efforts to educate women and the lower castes as well as the masses.
Mahatme Phule was Influenced by Thomas Paine,s books on Rights of
Man (1791), from there he developed a keen sense of social justice, andbecoming passionately critical of the Indian caste system. In 1873, Phule
formed 'Satya Shodhak Samaj' (Society of Seekers of Truth) .with an
objectives to organized and to liberate the Shudras and Ati Shudras to
prevent their 'exploitation' by the upper caste like Brahmans. Through this
Satya Shodhak Samaj, Jotirao refused to regard the Vedas as sacrosanct. He
opposed idolatry and denounced the chaturvarnya system (the caste system).
Satya Shodhak Samaj propounded the spread of rational thinking and
rejected the need for a Brahman priestly class as educational and religious
leaders. (5 )
Jotiba also led campaigns to remove the economic and social handicaps that
breed blind faith among women, shudras and ati-shudras. He subjected
religious texts and religious behavior to the tests of rationalism and
characterized this faith as outwardly religious but in essence politically
motivated movements. He accused them of upholding the teachings of
religion and refusing to rationally analyse religious teachings. He maintained
that at the root of all calamities was the blind faith that religious books were
created or inspired by god.
Phule believed in overthrowing the social system in which man has been
deliberately made dependent on others, illiterate, ignorant and poor, with aview to exploiting him. To him blind faith eradication formed part of a broad
socioeconomic transformation. This was his strategy for ending exploitation
of human beings. Mere advice, education and alternative ways of living are
not enough, unless the economic framework of exploitation comes to an end.
Phule's critique of the caste system began with his attack on the Vedas, the
most fundamental texts of Hinduism. He considered Vedas as 'idle fantasies'
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as 'palpably absurd legends'. He considered Vedas a 'form of false
consciousness'.(6)
Phule also attacked with on the Vedas for Brahminical orthodoxy which still affirmed
the sanctity and Bhagvad Gita. In fact Phule went on to explicitly reject any
connection with the poet-saints ofVarkari[7]which was very much a part ofBhakti
movement. (7) Quite opposed to rekindling of devotional aspects of Hindu scriptures,
as advocated by Bhakti poet-saints likeChaitanya
Mahaprabhu,Ramanuja,Vedanta Desika,Ramananda,etc., Phule instead calledfor creation of an alternate theology. (8) In this new parallel faith he coined a new name
for God as 'Nirmik' roughly translating as 'Creator'. He rejected all names of God whichhad roots in the accepted Hindu scriptures.(9)
A proper analysis of Phules ideology of universal humanism in a historical perspective beendiscussed by Naik (10) the main features of Phule social philosophy as follows -
1.First, Mahatma Phule, in leading the low caste protest, put himself outside Brahmanical culturesystem, and sought to create a counter-culture based on truth, justice and humanity.2.Second, his fight was against Brahmanism and not Brahmins per se. He had a number ofenlightened Brahmin friends such as Govande, Walvekar, Paranjape and others who shared hisperception of the existing reality and helped him in his endeavors to secure social justice to thedowntrodden.3.Third, Mahatma Phule, as rightly pointed out by G.P. Deshpande, took a remarkably modernand gendered view, which saw gender itself, not Varna, as the basis of oppression that womenfaced. He did not categorize women on the basis of caste and creed; he included all women inhis notion of Shudra-Ati-Shudra and pleaded for equal and common rights for all men and
women. He was the first Indian to do so and, by the same token, to anticipate the U.N. Charter ofUniversal Declaration of Human Rights, the first article of which states: All human beings areborn free and equal in dignity and rights4Fourth , as a Satya Shodhak or Truth Seeker, his sole concern was the human person,with value of truth as a sure guide for human conduct, the test of which lies in the promotion ofhuman welfare, and not traditional values. He was a humanist who developed his own uniquebrand of radical humanism which did not exclude even God or Nirmik. Thus, as a rationalist, hisposition was akin to that of the founders ofPhilosophical Rationalismviz. Descartes, Spinoza,Leibnitz as distinguished from empiricism of John Stuart Mill and Bertrand Russel.5.Fifth, for Phule, social justice was that which assures the dignity of the individual. His view ofsocial justice was akin to the respect-for-person viewassociated with Immanuel Kant (1724-
1804), the famed German Philosopher and his concept ofcategorical imperativewhich isradically different from Contract Theory of Justice associated with Hobbes, Rousseau, and, mostrecently, with John Rawls as also from the Utilitarian Theory ofgreatest happiness of thegreatest numberof Jerome Benthan.6.sixth, Kants maxim enunciates the principle of respect for humanity: the people must betreated as ends in themselves and never merely as means. It places in the people inalienablerights that cannot be contract away, need not be established by contract, and do not dependupon whether they increase the sum of happiness. Later Mahatma Gandhi became the votary ofrespect-for-person view of Social Justice; so did his follower, Martin Luther King, in the United
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States. And social revolt of Periyar Ramaswami Naicker (1879-1973) and Dr. BabasahebAmbedkar emanated from the same view of social justice.7.Lastly, and most importantly, in its concrete, Phules ideology as explained by Gail Omvedt,was based upon his identification with the peasant masses and an attachment to revolutionaryvalues of equality and rationality. This inevitably led him to reinterpret Indian history and cultureand develop his non-Aryan Theory with the concomitant theory of exploitation of the masses bythe dominant class the foreign Bhatt Brahmans.
Periyar E.V.Ramasamy (1879 - 1973) is well known for his "Self-Respected
Movement" and being regarded as the Prophet of the New Age, the
Socrates of South East Asia, Father of Social Reform Movement, and Arch
enemy of ignorance, superstitions, meaningless customs and base manners.
Periyar wanted to established a new social order in whichall men and
women should live with dignity and have equal opportunities to develop
their physical, mental and moral faculties. To achieve this, he wanted to putan end to all kinds of unjust discriminations and to promote Social Justice
and rational outlook. Periyar's determination to bring about socio-cultural
revolution impelled him to support even his opponents when they
implemented his progressive scheme. Though a Congress leader, he
supported in 1923, the Justice Party's measure to form Hindu Religious
Endowment Board with a view to put an end to the age-old monopoly and
exploitation of the upper castes in the managements of Hindu temples and
religious endowments. It was Periyar's firm conviction that universal
enjoyment of human rights will become a reality only when the Varna-Jaathi
(caste) system was eradicated. Until the social reconstruction took place, hewanted communal representation as a measure of affirmative action to,
uphold social justice. Periyar movement can very well visualized under
following points
1. Periyar's unique contribution was his insistence on rational outlook to
bring about intellectual emancipation and a healthy world-view. He also
stressed the need to abolish the hierarchal, graded, birth-based caste
structure as a prelude to build a new egalitarian social order. It was in this
context, theSelf-Respect Movement, founded in 1925, carried on' a vigorousand ceaseless propaganda, against ridiculous and harmful superstitions,
traditions, customs and habits. He wanted to dispel the ignorance of the
people and make them enlightened. He exhorted them to take steps to
change the institutions and values that led to meaningless divisions and
unjust discrimination.
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2.From the beginning of 1930s, Periyar added the programme of fighting
for economic equality to his original programme of working for social
equality and Cultural Revolution. Along with the veteran communist leader
Com. M.Singaravel, he organised industrial and agricultural labourers to
stand against the exploitation of big capitalists and landlords.
Periyar who opposed compulsory study of Hindi in the then Madras
Province was sentenced to undergo rigorous imprisonment for two years.
But he was released after about six months of confinement from 26th
November 1938 to 22nd May 1939. After his release, he announced that he
would continue his agitation against the imposition of Hindi.
3.Periyar's concept of Dravidians was not based on the purity of blood
related to a race, but on values and ways of life. The Brahminical upper
castes who followed the discriminatory socio-cultural principles, practicesand traditions of Varna-Jaathi (caste system) originally enunicated in the
Sanskrit scriptures like Vedas, Ithihaasas, Puraanas, Dharma Sastras etc. are
Aryans. Those who subscribe to the egalitarian Tamil tradition and values of
humanism are Dravidians.
Ambedkar & Reform in Hindu social order
The Hindu society has demonstrated both its willingness and capacity to
reform itself by rediscovering its own foundational principles as well as by
learning from other constituents of humanity. This is due to the efforts of
many modern-day saints and social reformers such as Swami Vivekananda,
Swami Dayananda, Raja Ram Mohun Roy, Mahatma Jyotiba Phule and his
wife Savitribai Phule, Narayan Guru and, of course, Mahatma Gandhi and
Dr B.R. Ambedkar. In this context, Balasaheb Deoras, the third
Sarsanghchalakof the RSS, once said, If untouchability is not a sin, then
nothing in the world is a sin .
Hinduism is the repository of the most exalted teachings about human
evolution and realisation of God. The freedom of thought and expression
that it provides in all intellectual, theological and philosophical matters is
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unmatched. So much so that even Charvaka, who denied the existence of
God, was respected as a rishi(seer) ,TheBhagavad Gita states emphatically
that a mans greatness is determined by his karma and not by his birth.
but, due to many historical factors the Hindu society acquired certain
negative, regressive and thoroughly indefensible features, which it has still
not fully got rid of. The concept of untouchables is the most debilitating
among these drawbacks.
Dr. Ambedkar had rightly said that political freedom is incomplete without
social and economic freedom. WE must stand towards eradicating the evil of
unsociability, untouchbility and caste discrimination in our society. The
mission for social equality and social justice is still incomplete. Indeed,
Hindu society should be based on equality and free from exploitation . weshould recognize that the struggle for achieving this noble goal requires
sustained and multi-pronged efforts.
for Dr. Ambedkars quest for social justice can be visualized in the
philosophy, policy and ideals of the constitution of India. The substance of
justice, liberty, equality and benefiting human dignity of individual are
made more elaborate in the constitution for social revolution the
reconstruction of an egalitarian and classless society. The fundamental rights
as a whole foster the social reconstruction by generating equality,
prohibiting discrimination on grounds of religion, race, caste, sex, or place
of birth, abolishing untouchability and making its practice in any form is an
offence punishable by law, and banning trafficking in human beings and
forced labour, which furnished a solid basis for social inequalities and
injustices. (11)
Dr. Ambedkar gave the central slogan of his life: Educate, Agitate and
Organise. This electrifying message truly captures the spirit of the Marxian
concept of praxis, of action, reflection, action. In the Indian context,
education assumes a crucial role because the vast majority of untouchablemasses are illiterate. Further, it is not just literacy that he calls for, but
education; and not education alone, but agitation and organization too.(12 )
(A) Ambedkar & Educational uplift of depressed classes -----
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There is some points which reflect his views about education.In 1928,the
Government of Bombay constituted a committee to enquire into the
educational, economic and social conditions of the depressed classes to
recommend measures for their uplift. Dr. Ambedkar was a prominent
member of the committee. Dr. Ambdekar recommened following points to
the upliftment of depressed classes -
1. Give up the idea that parents give janma to the child and not destiny(karma). They
can mould the destiny of their children by giving them education.
2.Knowledge is the foundation of mans life.
3.Education is as necessary for females as it is for males.
4. If ones education is determental to the welfare of the poor, the educated man is a
curse to the society.
5. Character is more important than education. (13)
Dr. Ambedkars philosophy of education, aims at creation of a liberatingconsciousness, which is not just formal education, but the conscientisation
process of education, agitation and organization, put together. However,
there is much confusion about the order of the slogan Education, Agitation
and Organise. Apparently, the confusion has arisen due to the
imperfection in translation. When agitation is translated as sanghrash, the
question arises as to howsangharsh is possible without organsation, and
thus organise is sought to be put before agitate. But the word agitate not
only means sangharsh, but also the agitation of the mind and then
awareness, which should precede organization. But organise is also
something mistook for unite. These words have different connotations.
Organisation is based on a consciousness of kind, but unity is possible with
a consciousness of a different kind for a limited objective. Further, when
Babasaheb give a call agitate, it should be seen in the light of his
formulation of the pathetic contentment of the Indian mind and the need to
have a divine discontentment. So there should not be any confusion. The
central slogan, then, is very clear-Educate, Agitate and Organise. (14 )
(B)Ambdekar & evils of Hinduism ------
Dr. Ambedkar was a revolutionary, rationalist-humanist, human rights
intellectual-activist, a man who looked ahead of his time. The Hindu
community is set in the steel frame of the caste system, in which one caste is
lower than another in social gradation involving particular privileges, rights,
inhibition and disabilities with regard to each caste. This system has created
vested interests which depend upon maintaining the inequalities resulting
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divided into sub-castes. The people of the lowest caste are treated
untouchables .In order to preserve the purity of blood, social interaction was
prohibited with the members of the vanquished group.
Ambedkar complained that the Hindu society was just like a tower, which
had several storeys without a ladder or an entrance. One was to die in
the storeys in which one was born. Under the circumstances of such
disabilities and maltreatment, Ambedkar cultivated a spirit of patience.
All such insulting refusals and ill treatments engendered in him a burning
hatred for Hinduism The movement of the untouchables against the
injustice of the Hindu social order has a long history behind it, especially
in Maharashtra. This history falls into two stages. Petitions and protests
marked the first stage. The second stage is marked by open revolt in the
form of direct action against the established Hindu order. Some of the
movments against unjust Hindu social order and untouchability are as
follows -1. Burning of the Manu Smriti,1927 ---The burning of the Manu Smiriti
took place at Mahad on December 20th, 1927. the Cawdar tank. The burning
of the Manu Smriti took place publicly and openly in a conference of
untouchables.It was a deed of great daring. It was an attack on the very
citadel of Hindusim. The Manu Smriti, that contains the Hindu codes, is
insulting to persons of low castes. It deprived them of the rights of
human beings and crushed their personality.
2. Temple Entry,1929---Ambedkar wanted the untouchables to have the
right to enter a Hindu temple. In 1929, the Parvati temple entry
Satyagraha was organized at Poona wherein the unarmed untouchables
and caste Hindu participants were attacked and injured. After this there
was to 1935, but when obduracy of the orthodox Hindu did not relent,
Ambedkar made his resolve before the public that though he was born a
Hindu, he would not die as aHindu. He fulfilled this promise by
embracing Buddhism till his death. The main aim of the temple entry
Satyagraha was to make the entry possible in the temple for the
untouchables.
3. Choudar Tank,1925---His agitational politics started with the Mahad
march to the Choudar Tank. In 1925, the Municipality passed a resolutionto keep open its tank to the depressed classes. In pursuance of the
resolution, Ambedkar led a march to take water from the tank. The powerful
majority of the conservative society was unwilling to part its hold So he
decided not to live any more in the Hindu fold. Though by chance he was
a born Hindu, he did not want, at least, to die a Hindu. Since then he went
on constantly thinking and searching for the most appropriate form of
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religion that touches the heart to the grief stricken humanity. Ambedkar
wanted that Hinduism should be reorganized and Hindu thought should
be revitalized on the basis of social equality, liberty, fraternity, and
democracy, both for the sake of Hinduism and the Indian nation. He
said: Caste has had a bad effect on the ethics of the Hindus. It has killed
public spirit, destroyed sense of public charity and narrowed down public
opinion has respected mans loyalty to his caste, made virtue and morality
caste ridder.
Significance of Buddhism in Ambedkars life
In spite of all the atrocities that he had gone through, Ambedkar was
not against religion. He considered religion as essential for the proper
development of mankind. He did not agree with those who said that
religion is parasite or is an opiate. Religion instills hope in humanbeings and drives them for activity .
After a comparative study of different religions, he concluded that Buddhism
was the best religion from this point of view. In his article Buddha and the
Future of his Religion published in 1950 in the Mahabodhi Society Journal,
Ambedkar has summarized his views on religion and on Buddhism in the
following manner:
1. The society must have either the sanction of law or the sanction of morality to hold ittogether. Without either, the society is sure to go to pieces.
2. Religion, if it is to survive, it must be in consonance with reason, which is another
name for science.
3. It is not enough for religion to consist of moral code, but its moral code must
recognize the fundamental tenets of liberty, equality and fraternity.
4. Religion must not sanctify or make a virtue out of poverty. (16)
Buddhas religion was based on proper reflection and reason. He asked
his disciples not to follow him blindly, but accept him only after testinghis words with reason. Ambedkar felt that modern civilization needed such
a rational religion. He wished to have the religion in the sense of
morality, which remains the governing principle in every society. It must
be scientific. As a social code of morality it must recognize the
fundamental tenets of liberty, equality and fraternity. The most
simportant aspect is that it has to enrich the lives of people mentally and
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Sangha has been opened for all classes of women, married, unmarried,
widowed and even for prostitutes. All could acquire merit, freedom,
dignity, and equality along with men.Ambedkar says that it is the duty of
every Buddhist to visit Buddha Vihara onevery Sunday and listen to the
discourses. Unless this is done, the neoBuddhists will not be able to
understand Buddha properly. He also suggested his men not to
encourage violence work hard and educate themselves and face any
problem with calm and peaceful way, without fear in mind. The
untouchables have been trying to break up the Hindu social
structure.Though the leading member of the untouchables, Ambedkar is not
here, buthis movements are very much active. As a result, people have
become aware of their rights and they fight for their rights. In the next
chapter, I shall deal with the origin and analysis of the untouchability
according to Ambedkar.
The Concept of Social Justice
John Rawls propounded a contractualist theory of Justice as it applies
to institutions and practices. It is based on the notions of fairness and
reciprocity. Rawls believed that his theory of justice is an improvement over
utilitarian accounts of justice as maximum welfare. Political philosopher
John Rawls draws on the utilitarian insights ofBentham and Mill, the social
contract ideas ofJohn Locke, and the categorical imperative ideas ofKant.
His first statement of principle was made inA Theory of Justice where he
proposed that, "Each person possesses an inviolability founded on justice
that even the welfare of society as a whole cannot override. For this reason
justice denies that the loss of freedom for some is made right by a greater
good shared by others.". (17 ) A deontological proposition that echoes Kant
in framing the moral good of justice in absolutist terms. His views are
definitively restated inPolitical Liberalism where society is seen "as a fair
system of co-operation over time, from one generation to the next.". (18 )
All societies have a basic structure of social, economic, and political
institutions, both formal and informal. In testing how well these elements fit
and work together, Rawls based a key test of legitimacy on the theories
ofsocial contract. To determine whether any particular system of collectively
enforced social arrangements is legitimate, he argued that one must look for
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agreement by the people who are subject to it, but not necessarily to an
objective notion of justice based on coherent ideological grounding.
Obviously, not every citizen can be asked to participate in a poll to
determine his or her consent to every proposal in which some degree of
coercion is involved, so one has to assume that all citizens arereasonable.
Rawls constructed an argument for a two-stage process to determine a
citizen's hypothetical agreement:(a)the citizen agrees to be represented by X
for certain purposes; to that extent, X holds these powers as a trusteefor the
citizen;(b)X agrees that a use of enforcement in a particular social context is
legitimate; the citizen, therefore, is bound by this decision because it is the
function of the trustee to represent the citizen in this way.(c)This applies to
one person representing a small group (e.g. to the organiser of a social event
setting a dress code) as equally as it does to national governments which are
the ultimate trustees, holding representative powers for the benefit of all
citizens within their territorial boundaries, and if those governments fail toprovide for the welfare of their citizens according to the principles of justice,
they are not legitimate. To emphasise the general principle that justice
should rise from the people and not be dictated by the law-making powers of
governments, Rawls asserted that, "There is . . . a general presumption
against imposing legal and other restrictions on conduct without sufficient
reason. But this presumption creates no special priority for any particular
liberty." (19 )
This is support for an unranked set of liberties that reasonable citizens in all
states should respect and uphold to some extent, the list proposed by
Rawls matches the normative human rights that have international
recognition and direct enforcement in some nation states where the citizens
need encouragement to act in a way that fixes a greater degree of equality of
outcome.
The basic liberties according to Rawls
1.Freedom of thought;
2.Liberty of conscience as it affects social relationships on the grounds of religion,philosophy, and morality;
3.Political liberties (e.g. representative democratic institutions, freedom of speech and
the press, and freedom of assembly);
4.Freedom of association;
5.Freedoms necessary for the liberty and integrity of the person (viz: freedom from
slavery, freedom of movement and a reasonable degree of freedom to choose one's
occupation); and
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6.Rights and liberties covered by the rule of law.
Similarly taking a leaf from Rawls theory of social justice (20 )
argues that, the fundamental issue in distributive justice is equality; a more
equal or at least a less unequal distribution of the benefits and of social co-operation. He opines that, In that sense distributive justice to go beyond
equality in the purely formal sense: equality before the law, seeks to go
beyond equality in the purely formal sense: equality before the law, the
equal protection of the laws, or even formal equality of opportunity. Its
central concern is, in the language of Rawl to address the bias of
contingencies in the in the direction of equality Any attempt to promote
distributive justice must begin with a consideration of the existing
inequalities in societyit is essential to keep in sight both inequalities
between individual and disparities. Disparities between groups have beenhistorically go great significance in Indian society.
Plato and Ralwas concept of social justice would mean giving every man
his due. The basic aim of social justice is to remove the imbalances in the
social, political and economic life of the people to create a just society. In
terms of culture-specificity, the term social justice has a different meaning in
Indian society. It means dispensing justice to those to whom it has been
systematically denied in the past because of an established social structure ,
Many authors criticize the idea that there exists an objective standard ofsocial justice.Moral relativistsdeny that there is any kind of objective
standard for justice in general.Non-cognitivists,moral skeptics,moral
nihilists, and mostlogical positivistsdeny the epistemic possibility of
objective notions of justice.Cynics(such asNiccol Machiavelli) believe
that any ideal of social justice is ultimately a mere justification for thestatus
quo. Supporters ofsocial darwinismbelieve that social justice assists the
least fit to reproduce, sometimes labeled asdysgenics, and hence should be
opposed. (21 )
Many other people accept some of the basic principles of social justice, such
as the idea that all human beings have a basic level of value, but disagree
with the elaborate conclusions that may or may not follow from this. One
example is the statement by H. G. Wells that all people are "equally entitled
to the respect of their fellow-men.
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On the other hand, some scholars reject the very idea of social justice as
meaningless, religious, self-contradictory, and ideological, believing that to
realize any degree of social justice is unfeasible, and that the attempt to do
so must destroy all liberty. The most complete rejection of the concept of
social justice comes fromFriedrich Hayekof theAustrian Schoolof
economics: There can be no test by which we can discover what is 'socially
unjust' because there is no subject by which such an injustice can be
committed, and there are no rules of individual conduct the observance of
which in the market order would secure to the individuals and groups the
position which as such (as distinguished from the procedure by which it is
determined) would appear just to us. [Social justice] does not belong to the
category of error but to that of nonsense, like the term `a moral stone'.(22)
Janusz Korwin-Mikke argues simply: Either social justice has the same
meaning as justice - or not. If so why use the additional word social?We loose time; we destroy trees to obtain paper necessary to print this word.
If not, if social justice means something different from justice - then
something different from justice is by definition injustice
SociologistCarl L. Bankstonhas argued that a secular, leftist view of social
justice entails viewing the redistribution of goods and resources as based on
the rights of disadvantaged categories of people, rather than on compassion
or national interest. Bankston maintains that this secular version of social
justice became widely accepted due to the rise of demand-side economics
and to the moral influence of the civil rights movement.
Janusz Korwin-Mikke argues simply: Either social justice has the same
meaning as justice - or not. If so why use the additional word social?
We loose time; we destroy trees to obtain paper necessary to print this word.
If not, if social justice means something different from justice - then
something different from justice is by definition injustice
SociologistCarl L. Bankstonhas argued that a secular, leftist view of socialjustice entails viewing the redistribution of goods and resources as based on
the rights of disadvantaged categories of people, rather than on compassion
or national interest. Bankston maintains that this secular version of social
justice became widely accepted due to the rise of demand-side economics
and to the moral influence of the civil rights movement.
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more efficient than the savage, and finally, 3) on his own efforts. In all these
three aspects men are undoubtly unequal. But the question is, shall we treat
them as unequal because they are unequal? From the stand point of the
individualistic it may be just to treat men unequally so far there efforts are
unequal. It may to desirable to give as much as incentives as possible to the
full development of every ones power s. but what would happen if men
were treated unequally as they are, in the first two respects, it is obvious that
those individuals also in whose favor there is birth, education, family name,
power connection and inherited wealth would be selected in the race but
selection under such circumstances would not be a selection of the of the
able. It would be the selection of the privileged. The reason therefore, which
forces that in the third respect we should treat men equally demands that in
the first two respect we should treat men as equally as possible. On the other
hand it can be urged that if it is good for the social body to get the most out
and its members, it can get most out of them only by making them equal asfar as possible at the very start of the race. That is one reason why we cannot
escape equality. There is second reason for accepting equality. A statesman
is concerned with vast majority of people. He has neither the time nor the
knowledge to draw fine distinctions and to treat each equally i.e. according
to need or according to capacity. However desirable or reasonable and
equitable treatment of men may be, humanity is not capable of assortment
and classification. The statesmen, therefore, must follow some rough and
ready rule and that ready and rough rule is to treat all men alike and not
because they are alike but because classification and assortment is
impossible. The doctrine of equality is glaringly fallacious but taking all in
all it is the only way a statesmen can proceed in politics which is a severely
practicable affair and which demands a severely practical test (26 )
After Indias political independence for dispensing social justice in the
wake of emerging democracy in a hierarchically arranged society,
Ambedkar discussed the operationalization of principles of equality, liberty,
and fraternity, which were considered to be cardinal principles of any
democracy. He argued, We must notbe content with mere political
democracy. We must make sure our political democracy a social democracyas well Ambedkar went on to define social democracy as well. In his own
words, What does social democracy mean? It means a way of life which
recognizes liberty, equality and fraternity as the principles of life. These
principles of liberty, equality and fraternity are not to be treated as separate
items of trinity Another significant contribution of Ambedkar in the
process of establishment of social democracy is his explanation of nature of
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three cardinal principles of democracy i.e. liberty, quality, and fraternity. He
opined, They form a union of trinity in the sense that to divorce one from
the other is to defeat the very purpose of democracy. Liberty cannot be
divorced from equality, equality cannot be divorced liberty. Nor can liberty
and equality be divorced from fraternity. (27 )
Finally Ambdekar cautioned the Indians how to eradicate the conditions of
persisting inequality and emerging equality with the dispensation of social
justice. In his own words, On the 26th of January 1950, we are going to
enter into a life of contradictions. In politics we will have equality and in
social economic life we will have inequality. In Politics we will be
recognizing the principle of one man one vote and one vote one value. In our
social and economic life, we shall, by reason of our social and economic
structure, continue to live this life of contradiction? How long shell we
continue to live this life of contradictions? If we continue to deny it for long,
we will do so only by putting our political democracy in peril. We mustremove this contradiction at the earliest possible moment or else those who
suffer from inequality will blow up the structure of political democracy,
whichThe second thing we are wanting in is recognition of the principle
of fraternity. What does fraternity mean? Fraternity means a sense of
common brotherhood of Indians-If Indians being one people. It is the
principle, which gives unity and solidarity to social life. It is difficult thing
to achieve.
Although initially Ambedkar was skeptical of delivery of justice through
government machinery but later on he preferred the same by having the
share of Dalits in it. Going by the then existing Hindu social order
Expressing his anguish on the failure of delivery of justice Ambedkar had
opined It might have been brought that the principle of equal justice would
strike a death blow to the established order. As a matter of fact, far from
suffering any damage the established order has continued to operate in spite
of it. It might be asked why the principle of equal justice has failed to have
its effect. The answer to this is simple. To enunciate the principle of justice
is one thing. To make it effective is another thing. Whether the principle of
equal justice is effective or not must necessarily depend upon the nature and
character of the civil services who must be left to administer the principle. Ifthe civil services is by reason of its class bias is the friend of the established
order and the enemy of the new order, the new order can never come into
being. That a civil services in tune with the new order was essential for the
success of the new order was recognized by Karl Marx in 1871 in the
formation of Paris commune and adopted by Lenin in the constitution of
Soviet communism. Fortunately, the British Government never cared about
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adjusting the claims of individual rights of freedom and the claims of public
good.
Articles 23 and 24 provide for fundamental rights against exploitation.
Article 24, in particular, prohibits an employer from employing a child
below the age of 14 years in any factory or mine or in any other hazardous
employment. Article 31 makes a specific provision in regard to the
fundamental right to property and deals with the vexed problem of
compulsory acquisition of property.
Article 38 requires that the state should make an effort to promote the
welfare of the people by securing and protecting as effectively as it may a
social order in which justice social, economic and political shall inform all
the institutions of national life. Article 39 clause (a) says that the State shall
secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular provide free legal aid, by suitable
legislation or schemes, or in any other way, to ensure that opportunities forsecuring justice are not denied to any citizen by reason of economic or other
disabilities.
Article 41 recognizes every citizen's right to work, to education & to public
assistance in cases of unemployment, old age, sickness & disablement and in
other cases of undeserved want. Article 42 stresses the importance of
securing just and humane conditions of work & for maternity relief. Article
43 holds before the working population the ideal of the living wage and
Article 46 emphasizes the importance of the promotion of educational and
economic interests of schedule castes, schedule tribes and other weaker
sections.
The social problem presented by the existence of a very large number of
citizens who are treated as untouchables has received the special attention of
the Constitution as Article 15 (1) prohibits discrimination on the grounds of
religion, race, caste, sex, or place of birth. The state would be entitled to
make special provisions for women and children, and for advancement of
any social and educationally backward classes of citizens, or for the SC/STs.
A similar exception is provided to the principle of equality of opportunity
prescribed by Article 16 (1) in as much as Article 16(4) allows the state to
make provision for the resolution of appointments or posts in favour of anybackward class of citizens which, in the opinion of the state, is not
adequately represented in the services under the state. Article 17 proclaims
that untouchability has been abolished & forbids its practice in any form & it
provides that the enforcement of untouchability shall be an offence
punishable in accordance with law. This is the code of provisions dealing
with the problem of achieving the ideal of socio- economic
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The Constitution of India has provided two types of safe-guards -general and specific to
safeguard various interests of the minorities. In the first category are those provisions that
are equally enjoyed by both groups. The provisions ensure justice- social, economic and
political equality to all. The second category consists of provisions meant specifically for the
protection of particular interests of minorities.
people's right to "equality before the law" and "equal protection of the laws";
prohibition of discrimination against citizens on grounds of religion, race,
caste, sex or place of birth;
authority of State to make "any special provision for the advancement of any
socially and educationally backward classes of citizens" (besides the
Scheduled Castes and Scheduled Tribes);
citizens' right to "equality of opportunity" in matters relating to employmentor appointment to any office under the State - and prohibition in this regard
of discrimination on grounds of religion, race, caste, sex or place of birth.
Authority of State to make "any provision for the reservation of appointments
or posts in favors of any backward class of citizens which, in the opinion of
the State, is not adequately represented in the services under the State;
People's freedom of conscience and right to freely profess, practice and
propagate religion - subject to public order, morality and other Fundamental
Rights;
Authority of State to make law for "regulating or restricting any economic
financial, political or other secular activity which may be associated with
religious practice", and for "providing for social welfare and reform"; Authority of State to make laws for "throwing open" of Hindu, Sikh, Jain or
Buddhist "religious institutions of a public character to "all classes and
sections of the respective communities;
Sikh community's right of "wearing and carrying of kirpans" ;
Right of "every religious denomination or any section thereof - subject to
public order, morality and health - to establish and maintain institutions for
religious and charitable proposes, "manage its own affairs of religion", and
own and acquire movable immovable property and administer it "in
accordance with law";
People's "freedom as to payment of taxes for promotion of any particular
religion";
People's "freedom as to attendance at religious instruction or religious
worship in educational institutions" wholly maintained, recognized, or aided
by the State;
Right of "any section of the citizens" to conserve its "distinct language, script
or culture"
Restriction on denial of admission to any citizen, to any educational
institution maintained or aided by the State, "on grounds only of religion,
race, caste, language or any of them";
Right of all Religious and Linguistic Minorities to establish and administer
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To conclude ---
Today we needed to popularized one slogan more and more in times to
come is: Sab jaati mahaan, Sab jaati samaan(All castes are great and all
castes are equal).
India has three places that have been made holy by their association with the
life of this Maha Maanav. The first is Mhow, which is Dr. Ambedkars
Janmabhoomi. The second is Deekshabhoomi in Nagpur, where Dr.
Ambedkar embraced Buddhism along with tens of thousands of his
followers. The third is Chaityabhoomi at Dadar Beach in Mumbai, where his
Samadhi has been erected. According to LK Advani, all the three places
Janmabhoomi, Deekshabhoomi and Chaityabhoomi are worthy of
being considered as pilgrimage centres.
Justice be achieved How ---
justice is to be considered as giving to each what he or she is due." The
problem is knowing what is "due. Functionally, "justice" is a set of
universal principles which guide people in judging what is right and what is
wrong, no matter what culture and society they live in. Justice is one of the
four "cardinal virtues" of classical moral philosophy, along with courage,
temperance (self-control) and prudence (efficiency). (Faith, hope and charity
are considered to be the three "religious" virtues.) Virtues or "good habits"
help individuals to develop fully their human potentials, thus enabling them
to serve their own self-interests as well as work in harmony with others for
their common good. The ultimate purpose of all the virtues is to elevate the
dignity and sovereignty of the human person.
Defining Social Justice-- Social justice encompasses economic justice.
Social justice is the virtue which guides us in creating those organized
human interactions we call institutions. In turn, social institutions, when
justly organized, provide us with access to what is good for the person, both
individually and in our associations with others. Social justice also imposeson each of us a personal responsibility to work with others to design and
continually perfect our institutions as tools for personal and social
development.
Economic Defining Justice-- Economic justice, which touches the
individual person as well as the social order, encompasses the moral
principles which guide us in designing our economic institutions. These
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10. JV Naik; Mahatma Phule India,s First Social Activist & Crusader for Social Justice,
Bhavan.s Journals, vol.52, nos.18 & 19, 2006.
11 Mohammad Shabir ; Dr. Ambedkars Quest For Social Justice: An Analysis of Contemporary
Scenario, p.37
12. Thomas Mathew ; Ambedkar: Reform or Revolution, p.67
13 .Ambedkars citation from The Legency of Dr. Ambedkar, p.251)
14. Thomas Mathew ;Ambedkar: Reform or Revolution,p.67)
15. Ambedkars citation from Remembering Dr. Ambedkar,p.02
16. Ramendra ,Why Dr. Ambedkar renounced Hinduism?,p.01)
17.John Rawls; A Theory of Justice , Chapter 1, "Justice as Fairness", The Role of Justice, (2005 reissue)
pp. 3-4
18. Ibid
19. John Rawls;Political Liberalism, (Columbia University Press 2003, pp 291-292.
20 Beteile Andre; "Distributive Justice and Institutional Well-Being" in Dipankar Gupta (ed.) Anti-
Utopia: Essential Writings of Andre Beteille,Oxford University Press, New Delhi, 2005, p.417
21. S. R. Valentine; John Bennet & the Origins of Methodism and the Evangelical revival in England,
Scarecrow Press, Lanham, 1997.
22. Carey, Brycchan. John Wesley (1703-1791). The British Abolitionists. Brycchan Carey, July 11,
2008. October 5, 2009. Brycchancarey.com
23 Ambedkar ; Dr. Babasaheb Ambedkar Writing and Speeches Vol. 3., Education Department,
Government of Maharashtra, Mumbai , 1987, p95.
24 (Ambedkar ; Babasaheb Ambedkar Writings and Speeches Vol. 13, Education Department,
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