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Ambedkar Social justice pdf
Indian Political Thought-II (6.2)
University of Delhi
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Dr. AMBEDKAR’S VISION: “SOCIAL JUSTICE” FOR THE WOMEN, SCHEDULED CASTES AND SCHEDULED TRIBES
The concept of social justice, like law, changes. It evolves itself into progressively new patterns and expands its frontiers and assumes new dimensions. Social justice has significance in the context of Indian society which is divided into Castes and Communities and they create walls and barriers of exclusiveness on the basis of superiority and inferiority such inequalities pose serious threat to Indian democracy. The concept of social justice takes within its sweep the objective of removing inequalities and affording equal opportunities to all citizens in social, economic and political affairs. India, while passing through the process of development is in the quest for finding our ways for a better and just socio-economic order. The search for a new model of socio-economic order is the need of the hour. Recent trends in Globalization, Urbanization, Mobilization of the poor in search of better life conditions and social justice movements compel us to think afresh. Social justice is an application of the concept of distributive justice to the wealth, assets, privileges and advantages that accumulate within a society or state because the essence of justice is the attainment of the common goods as distinguished from the goods of individuals even of the majority. There have been two major conceptions of social justice one embodying the nation of merit and desert, the other those of needs and equality. The first conception involves ending of hereditary privileges and an open society in which people have the chance to display their desert. It is expressed in equality of opportunity and careers open to talents. The second conception implies that goods should be allocated according in each person’s varied needs. As it aims to make people materially equal, it entails an idea if equality.
Social justice involves the creation of just and fair social order just and fair to one and all. To make the social order just and fair for every member of the community, it may be necessary for the who are privileged to make some sacrifice’s. In this sense, Social justice is a revolutionary ideal. it includes both the economic justice and social justice. In India, justice is a generic term which includes both procedural and substantive justices the former providing rules of court procedures and mechanism what is generally known as natural justice and the latter making provision for social assistance. Benefits, facilities, concessions, privileges and special rights, to those who deserve and need such help describes by the omnibus term social justice. Social justice in India is the product of social injustice our Caste system and social structure is the fountain head for social injustice. It is unfortunate that even sixty years after independence social justice is still a distant dream not with in the reach of the masses. The Scheduled Castes, Scheduled Tribes and women under the traditional Hindu Caste hierarchy had suffered for centuries without education and opportunities for advancement in life. Social justice is compensatory justice to off set the accumulated disabilities suffered by these historically disadvantaged sections of society and absorb them educationally and occupationally in the mainstream of national life. If opportunities are not given to develop their neglected talents there will be social imbalance and tension resulting in anarchy and disobedience to the rule of law.
3 Meaning and Definition Social justice being a multi-dimensional concept has been viewed by scholars of law, philosophy and political science differently. The term social justice is quite comprehensive. Social justice is a bundle of rights, it is
respect are to be distributed equally unless an unequal distribution of any or all of these goods is to the advantage of the least favoured” 6. The contents of the “social primary goods” specified by Rawls are of particular importance, for the fair distribution of them, namely, liberty and opportunity, income and wealth and basis of self respect in a society will undoubtedly help to achieve the much needed social justice. Another important aspect of his theory is that while laying emphasis on the equal distribution of the “social primary goods”, he envisages “an unequal distribution” of the “social primary goods” if such unequal distribution is “to the advantage of the least favoured”. In envisaging such “unequal distribution” of the social primary goods to benefit the “least favoured” in the society. John Rawls has displayed a great sense of pragmatism, he rightly felt that equal distribution of the ‘social primary goods’ in an unequal or hierarchical society would result in perpetuating the already existing inequality and the social justice would become cry in the wilderness. The ‘least favoured’ in every society must be given initial advantages to compete with the most favoured in the society by the unequal distribution of “social primary goods” to the advantage of the least favoured 7. In enunciating this view, Rawls seems to have anticipated the doctrine of ‘Protective Discrimination’ embodied in the Constitution of India. Another important jurist, whose writings have great impact on the concept of social justice is Roscoe pound. He classifies three legally protected interests, and they are public interests, social interests and private interests 8. in social interests he enumerates six important ‘social interests’ 9 and his sixth principle of social interests is very relevant to the concept of social justice. According to the sixth principle, there is social interest in the individual human life, which is described by him as ‘the claim or want or demand involved in
6 7 John Rawl’s “Theory of Justice” Universal Law Pub. Delhi, 2002, P. 8 Ibid. P. 9 Friedman W. “Legal Theory” 5th Edn, Universal Law Pub. Delhi, 2002, P. Ibid, P.
social life in civilized society that each individual be able to live a human life there in according to the standards of the society” 10. This principle is considered as by roscoe pound the most important of all. Justice Krishna Iyar a former judge of the supreme court of India says, “social justice is not cant but conscience, not verbal borrowing from like documents but the social force of the supreme law”. Social justice is people oriented, legal justice is canalized, controlled and conferred by law 11. Social justice is the product of social injustice and seeks to remove social and economic inequalities and ensure equality of status, equality of opportunity. Social justice of today becomes the legal justice of tomorrow. The Supreme Court has explained the concept of social justice i. “the Constitution commands justice, liberty, equality and fraternity as supreme values to usher in the egalitarian social, economic and political democracy”. Social justice, equality and dignity of persons are corner stones of social democracy. The concept of “social justice” which the Constitution of India engrafted consists of diverse principles essential for the orderly growth and development personality of every citizen. Social justice is thus an integral part of justice in the generic sense. Justice is a genus of which social justice is one of its species. Social justice is a dynamic device to mitigate the suffering of the poor, weak, dalits, Tribes and deprived sections of the society 12.
3 Dr. Ambedkar vision Ambedkar is also one of the proponents of social justice in modern India. According to Ambedkar, the term “social justice” is based upon equality, liberty and fraternity of all human beings. The aim of social justice is to remove all kinds of inequalities based upon Caste, race, sex, power, Position, 10 11 Friedman W. “Legal Theory” 5th Edn, Universal Law Pub, Delhi, 2002, P. Krishna Iyar “B. Ambedkar Centenary, Social Justice and the Undone vast Justice” B Pub. Delhi, 1991, P. 12 Merunandan K, Naveed Ahemed, “An Introduction to the Constitution of India” Merugu Pub. Bangalore, 2006, P.
religion attached to varnashram and the root of the varnashram is the Brahminism, the roof of Brahminism lies with the political power 14. Dr, Ambedkar’s social vision is reflective in his own words. As an economic system permits exploitation without obligation untouchablitiy is not only a system of unmitigated economic exploitation, but it is also a system of uncontrolled economic exploitation. That is because there is no independent public opinion to condemn it and there is no impartial machinery of administration to restrain it, there is no check from the police or the judiciary for the simple reasons that they are all down from the Hindus, and take side of exploiters 15. To the Ambedkar real democracy was a social democracy. According to him, it is essential to realize that political democracy cannot succeed where there is no social and economic democracy. He pleaded the realization of economic and social democracy in India, for political democracy was unreal preceded by economic and social democracy. Dr. Ambedkar said, we must begin by acknowledging the fact that there is complete absence of two things in Indian society, One of these equality is on the social plane. We have in India a society based on the principle of graded inequality which means elevation for some and degradation for others. On the economic plane, we have a society in which there are some who have immense wealth as against many who lice in abject poverty-How long shall we continue to live this life of contradictions? How long shall we continue to deny it for long, we will do so only by putting our political democracy in peril, we must remove this contradiction at the earliest possible moment or those who suffer from inequality will blow up the structure of political democracy 16.
14 Mohamed Shabbir “Ambedkar on Law, Constitution and social Justice” Rawat Pub, Jaipur, 2005, 15 P. 16 Ibid, P. Ibid, P.
His philosophy was occupied with social amelioration, political enlightenment and spiritual awakening. For this it attached due importance to the economic well-being of the masses. To him, Political thought embodied a social dynamism because of man’s attitude animal and social being. He had deep faith in fundamental human rights in the equal rights of men and women, in the dignity of the individual in social economic justice in the promotion of social progress and better standards of life with peace and security in all spheres of human life. His study of social facts enriched his political philosophy. Dr. Ambedkar was dead against the Hindu Caste structure as he was of the view that this structure has been primarily responsible for committing all sorts of atrocities on the various sections of the society particularly the weaker sections Scheduled Caste and Scheduled Tribes. He was against Manusmirthi as it gives a blank Cheque to the Brahamins to commit all sorts of atrocities on Scheduled Castes and Scheduled Tribes and justify their evil designs.
3 Under the Hindu legal system The Hindu dharma sought to be maintained by the ancient Hindu legal system fully supported by the four Varnas and the Caste system. The Hindu legal system refused to recognize the basic fundamental right of humans that all are born equal. The glaring inequalities and dehumanization based on the hierarchical Caste system with its graded disabilities from birth and humiliating and degrading occupations assigned to certain designated low Castes to be followed by them till their death, was the greatest bane of Hindu society. The preservation of the important concern in our ancient system of law. There was no scope for moulding a new social order that can guarantee social justice 17. Caste system founded on Varnashrama dharma is the negation of social justice. The Hindu Varnasrama dharma and the Caste system pushed forth Brahmins as the highly privileged Caste with a high hereditary social 17 Venugopal P. “Social Justice and reservation” Emerald Pub. Chennai, 1998, P.
3 Under the British Legal System When the Britishers came to India they imposed their own system of law. Due to political differences and geographical diversity in India, a single judicial system could not be evolved and consequently, the east India company which felt the need for a unified legal system in a codified form to facilitate trade and commerce. The new legal system changed the out look and value of the Indian people. A new system which was not the outcome of growth, but was thrust upon Indians for some definite purpose came into existence. The English judicial system was based on the rule of law, “let ninety nine criminals escape, but not an innocent should suffer” is the dictum of this judicial system. It was based on the due process of law. It has certain inherent lacuna which made it unsuitable to the Indian society. It encouraged litigation, delayed justice and made it costly under this system it was difficult to ascertain facts easily or to establish the guilt beyond reasonable doubt. Every one was expected to know the law of the land, Indian society was pluralistic but the British code was uniform. The whole system was not suited to the social economic and moral conditions of the Indian society. The judicial culture of India is alien to the common people of this country, they cannot derive benefits from this system. The Indian judiciary came to be identified with the interests of the privileged section. The alien legal system which was established basically to exploit the people of the country, did not serve the interests of the Indian people. The Indian judicial system was ineffective in administering justice because of the inherent weaknesses and imposed limitations 20. Under the English legal system, law was simply a series of commands issued by sovereign telling the people what to do or what not to do. According to this philosophy, judges and advocates were not concerned with the morality of law, but only with interpretation of it and with its enforcement. This division 20 Venugopal P. “Social Justice and reservation” Emerald Pub. Chennai, 1998, P.
between law and morals proved to be a great obstacle and a mistake. The justice which the courts have to administer is justice as recognized and approved by law and not justice as commands itself to the courts 21. The judicial discretion was limited and controlled by rules of law which determined the general considerations which are to be taken into account as relevant and material in the exercise of the discretion and the discretion has to be exercised with in the limit and on the considerations indicated by law. The result was, the judiciary became less responsive to the changing needs of the society. The courts merely resolved the disputes taken before them. It was justice according to law is litigative justice of the judges and by the judges. On account of this litigative justice, the judiciary when approached for legal remedy aggravated the malady 22.
3 Ambedkar vision of Social Justice relating to women Dr. B. Ambedkar, being a philanthropic, kind and generous social reformer was much moved with the pitiable and pathetic condition and low status of women in society and he was a torch bearer in the direction of social uplift of women generally and Hindu women specially. Ambedkar chooses his social reform approach only after understanding the reality of the status of women. Dr. Ambedkar was of the opinion that the Hindu women are tied up with bandage of superstitions which they can till their death. They are also responsible for inculcating these wrong notions learnt by them through baseless traditions and preaching of the shastras in the budding mind of their off spring. Otherwise also the women in India have remained a matter of joy and a source of amusement at such she was used and misused by men guest to serve their evil ends. She has been used just like a machine for procreation. It has also been
21 22 Venugopal P. “Social Justice and reservation” Emerald Pub. Chennai, 1998, P. . Ibid. P.
potentiality by the Brahmins but she was also declared to be barren of any spiritual potentialities 25. According to Ambedkar, women were treated as mere tools to bear the burdens of the family, restricted to the role of bearing children and fulfilling duties of a wife or mother any. Division of labour is not in their favour, as a result Indian women have lost their identity. They have to face discrimination on gender basis and because of this availability of equal opportunity for remains a dream of them. Poverty, illiteracy lack of health and inequality of class of status and powerlessness, degradness are associated with them. Weight of traditional attitudes that regard them as physically, intellectually and socially, inferior to man subject them to male exploitation and unjustified division of labour. A society where women, i., the half of the population, enjoy a low status of women in Indian society is primarily due to the fact that they have no control over material and social resources. This is further compounded by lack of participation opportunities in the decision making process of the family 26. Ambedkar impartially concentrates on Muslim women also. He starts with the reference to mother India which created an impression through out the world that while Hindus were groveling in the mud of social evils and conservative, the Muslims in India were free of them and as compared to the Hindus, were progressive people 27. Babashaheb Ambedkar takes the help of census report and other data and proves Indian Muslims are equally harsh on their women; of course Muslim law has better provisions for women. But no Muslim girl has the courage to exercise them; there is latitude in their matter of divorce. The wife cannot escape marriage even if it’s irksome, the husband can always do it without having to show any course. This destroys the sense of security which is fundamental for a happy life. The right of polygamy and
25 Dr. Ambedkar on women’s emancipation, Dr. B. Ambedkar series Pub of Ambedkar Peeta, KSOU, Mysore, 2005, P. 26 27 Purohit B, Sandeep Joshi “Social justice in India” Rawat Pub, Jaipur, 2003, P. B. Ambedkar on “Pakistan or Partition of India” Vol 8, P.
concubine which the Muslim law gives to its men worsens the plight of Women. Ambedkar comments are sharp in saying “Purdah” deprives Muslim women of mental and moral nourishment. The segregation from the outer world makes them engage their minds in petty family quarrels which develop narrow out look 28. In 1936 Dr. Babasaheb Ambedkar delivered a speech at Damodar Hall and addressed devadasis, Muralyas and Jogathinis. He gives them a call to come out of their nasty occupation. “Our society has been put to shame because of you, Women are respected in our society, and every society honour’s the women of character. Therefore you should forsake this dirty occupation, bring good names to yourself and your society. Many Devadasis, Muralya’s and Jogathinis were impressed by his speech and approached him saying that they wished to come out of their occupations, their marriages were arranged. Ambedkar had a great visionary, he always thought far ahead his contemporaries, he rightly identified that the progress of the community is measured by progress of women. He said so in his address in the All India Depressed Classes women’s conference held at Nagapur on July 20, 1942. He identifies that marriage is a liability and says “let each girl who marries stand up to her husband claim to be her husband’s friend equal and refuse to be his slave 29. These words hold good even today, even after passage of six decades. At present we find a number of women empowerment programmes, concern for women is show-up by all political parties, even though some time just lip service. Whatever is the issue Babasaheb Ambedkar had totality in his views and sixth sense, perhaps because he did not consider himself belonging to these religions. His arguments were without bias and always probed deep and deep in to the real problem center. His reasoning is fine in all this, whether it is
28 29 B. Ambedkar on “Pakistan or Partition of India” Vol 8, P. Dr. Baba Saheb Ambedkar writings and Speechs. vol, part-3, P.
wings the time and circumstances, the people their backwardness, blood, sweat and tears 31. The Constitution of India brings a renaissance in the concept of social justice when it weaves a trinity of it in the preamble, the fundamental rights, and the directive principles of state policies and this trinity is the “the core of the commitments to the social revolution 32. This is the conscience of the Constitution. The preamble of the Indian Constitution is the mirror of social justice. It
provides social, economic and political justice to the citizen of sovereign, socialist, secular, democratic, republic of India. The first task of the Assembly was to formulate the objectives and the guiding principles of Indian Constitution. Therefore the resolution of the preamble and objective of the Constitution was discussed in the Constituent Assembly for nine days from December 13 to 19 and January 20 and 22 of 1947. Before the actual work of the constituent Assembly had commenced in full seeing, Dr. Ambedkar proposed a memorandum on 15 March 1947 entitled “States and minorities”. What are their rights and how to secure them in the Constitution of free India? This proposed explained the aspect of social justice for minorities in free India. Although no cognizance was taken on this memorandum on the ground of academic interest. However, feeling expressed by Dr. Ambedkar in this memorandum was special to protect the minorities and weaker section. 33 Besides, the proposed memorandum submitted, he was himself presided the meeting of draft for the preamble of the Constitution. After long debate it was passed on 26 November 1947 by the Constituent Assembly.
31 Mohamed Shabbir “Ambedkar on Law, Constitution and social Justice” Rawat Pub, Jaipur, 2005, P. 32 33 Ibid, P. Many amendments were suggested by the members of Constituent Assembly, viz., Sri L. Sahu, Patabi Seeta Ramaiah, Smt. G. DurgaBai, Pandith Thakur das bhargava, Dr. B. Keshkar, T. Krishnamchari, M. Ananthasham Iyengar, K. Shantharam, Aututal Chandra, Upendranath bhraman and Prof. K. Shah.
The preamble of our Constitution declares that we the people of india, having solemnly resolved to constitute india into a “sovereign, socialist, secular, democratic, republic” and to secure to all its citizens justice, social, economic, political, liberty of thought and expression, belief, faith and worship, equality of status and of opportunity and to promote among them all fraternity assuring the dignity of the nation. This indeed is social justice guaranteed by the Constitution of India because it strives to create a “balancing wheel between freedom, political and economic indeed, makes the survival of democracy” 34 Dr. Ambedkar concluded the debate on the preamble in these words “I say that this preamble embodies what is the desire of every member of the house that this Constitution should have its roots its authority, its sovereignty from the people, that it has 35. Part III of the Constitution as fundamental rights is related to the social justice. The fundamental rights inculcate the sense of reconstruction and foster social revolution by generating equality amongst all, prohibiting discrimination on the grounds of Caste, religion, sex, creed, place of birth, abolishing untouchablity and making its practice punishable by law, banning trafficking in human beings and forced labour. Moreover, the Indian Constitution has empowered the states to make special provisions for the advancement of any socially, educationally backward classes and also for the Scheduled Caste and Scheduled Tribes 36. These provisions of the fundamental rights of the Constitution are related to the real concept of social justice. In this regard at the time of constituent Assembly debate Dr. Ambedkar expressed his views that “All of us desire that this unfortunate class could be entitled to the same privileges as members of the
34 Mohamed Shabbir “Ambedkar on Law, Constitution and social Justice” Rawat Pub, Jaipur, 2005, P. 35 36 CAD Vol. X-XII, P. Mohamed Shabbir “Ambedkar on Law, Constitution and social Justice” Rawat Pub, Jaipur, 2005, P.
amongst individual, but also amongst group of people residing in different areas or engaged in different vacations. 41
Article 39 of Constitution requires the state to make available to all the citizens adequate means of livelihood, to distribute ownership and control of material resources. So as to sub serve the common good, to operate the economic system in such a way that. It does not result in concentration of wealth and means of production to the common detriment, that there is equal pay for equal work, to protect the health and strength of workers, men and women and the tender age of children against abuse and that citizen are not forced by economic necessity to enter avocations unsuited to their age and strength, that children are not given opportunities and facilities to develop in as healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and mental abandonment 42. The state is also required to provide equal justice through the mechanism of free legal aid in order to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities 43. to provide right to work, to education and public assistance in cases of unemployment, old age, sickness and disablement and other cases of undeserved want 44 , to make provision for securing just and humane conditions of work ensuring a decent standard of life 45 and full enjoyment of leisure and social and cultural opportunities 46 , to secure the participation of works in the management of under taking establishment or other organizations engaged in industry 47 , to secure for
41 42 Article 38 of the Constitution of India, 43 Article 39 of the Constitution of India, 44 Article 38 A of the Constitution of India, 45 Article 41 of the Constitution of India, 46 Article 42 of the Constitution of India, 47 Article 43 of the Constitution of India, Article 43 A of the Constitution of India,
all the citizens uniform civil code through out the country 48 , to provide free and compulsory education for children below the age of 14 years 49 , to promote the educational and economic interests of the Scheduled Castes and Scheduled Tribes and other weaker sections 50 , to raise the level of nutrition and standard of living and to improve the public health etc 51. Dr. B. Ambedkar, while explaining the underlying object of the directive principles of state policy, observed; “we do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down our ideal before those who would be forming the government. The ideal is economic democracy having regard to the fact that there are various ways by which economic democracy may be brought about we have deliberately introduced in the language that we have used in the directive principles, something which is not fixed or rigid. We have left enough room for people of different ways of thinking with regard to the reaching of the ideal of economic democracy 52. These provisions are towards social transformation and reconstruction of the Indian society which constitute the gist of social justice. Dr. Ambedkar was of the view that social justice alone could lead to social harmony, social stability and patriotic feelings. He believed that a democracy, which enslaves the working class, a class that is devoid of education which is devoid of means of life, which is devoid of any power of organization, which is devoid of intelligence, is no democracy but a mockery of democracy.
48 49 Article 44 of the Constitution of India, 50 Article 45 of the Constitution of India, 51 Article 46 of the Constitution of India, 52 Article 47 of the Constitution of India, Purohit B, Sandeep Joshi, “Social justice in India” Rawat Pub, Jaipur, 2003, P.
Ambedkar Social justice pdf
Course: Indian Political Thought-II (6.2)
University: University of Delhi
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