AMBEDKAR SOCIAL JUSTICE: A CRITICAL ANALYSIS WITH REFERENCE TO THE CONSTITUTION OF INDIA
Literature Review
Post-
independent India saw that a large number of people living in very deteriorated
and poverty-stricken conditions. The problem in South Asia in general and India
in particular was so much that it was not only confined to the economic one but
also encompassed all other aspects of socio-cultural life. The socio-political
imbalances were prevalent and were in state of hue and cry for Social Justice
and Social Development in India. Babasaheb favoured the formation of
social-istic pattern of society based on equality, liberty and fraternity. It
laid down certain provisions in Constitution of India for the social justice
and development of the downtrodden India, as part of national commitment. The
complexities and dissimilarities as a consequence plead to a “sense a clear-cut
set of conflicts and tension mounting: economically, socially and politically”
Dr. B.R. Ambedkar, since the inception of the human being on earth, human
society has persistently moved forward, never swayed despite of innumerable
issues and challenges during the course of the time.
These are
transitory in nature. The Messiah of Downtrodden on his return to India in
1923, he founded ‘Bahishkrit Hitakarini Sabha’ with the main objective of
spreading education and improving the economic conditions of the oppressed
classes. With the slogan of ‘Educate - Agitate - Organise’ the social movement
led by Dr. Ambedkar aimed at Annihilation of caste and the Reconstruction of
Indian Society on the basis of equality of human beings. Dimensions of Social
Justice 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.
Socio-Economic Factor
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.
Just Social Order
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 sacrifices.
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.
Caste Hierarchy
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
within 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 offset 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.
Justice for the weak
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 balancing wheel
between haves and have nots. It is a great social value in providing a stable
society and in securing the unity of the country. In general, social justice
may be defined as “the right of the weak, aged, destitute, poor, women, children
and other under-privileged persons”.
National Values
The
constitution of India was adopted on November 26, 1949. Some provision of the constitution
came into force on same day but the remaining provisions of the constitution
came into force on January 26, 1950. This day is referred to the constitution
as the “date of its commencement”, and celebrated as the Republic Day. The
Indian Constitution is unique in its contents and spirit. Through borrowed from
almost every constitution of the world, the constitution of India has several
salient features that distinguish it from the constitutions of other countries.
Dr. Bhimrao Ambedkar, was chairman of the drafting committee. He was the first
Law Minister of the India. He continued the crusade for social revaluation
until the end of his life on the 6th December 1956. He was honoured with the
highest national honour,’ Bharat Ratna’ in April 1990. B.R. Ambedkar was
affectionately called Baba Saheb Ambedkar.
Preambular values
Elimination of Discrimination
Constitutional prerogatives
The term
’equality’ means the absence of special privileges to any section of the
society, and provision of adequate opportunities for all individuals without
any discrimination. The Preamble secures at all citizens of India equality of
status an opportunity. This provision embraces three dimensions of equality-
civic, political and economic.
The following provisions of the chapter on Fundamental Rights ensure civic equality:
a) Equality
before the Law (Article 14).
b)
Prohibition of discrimination on grounds of religion, race, caste, sex of place
of birth (Article 15).
c) Equality
of opportunity in matters of public employment (Article 16).
d) Abolition
of untouchability (Article 17).
e) Abolition
of titles (Article 18).
Political Equality
There are
two provisions in the Constitution that seek to achieve political equality. One,
no person is to be declared ineligible for inclusion in electoral rolls on
grounds of religion, race, caste or sex (Article 325). Two, elections to the
Lock Sabha and the state assemblies to be on the basis of adult suffrage
(Article 326).
Directive Principles
Article 36
to 51 incorporate certain directive principles of State policy which the State must
keep in view while governing the nation, but by Article 37 these principles
have been expressly made non-justiciable in a court of law. Although these
principles are not judicially enforceable, yet they are not without purpose.
The report of the Sub- Committee said:” The principles of Policy set forth in
this part are intended for the guidance of the State. While these principles
shall not be cognizable by any Court, they are nevertheless fundamental in the governance
of the country and their application in the making of laws shall be the duty of
the State.”
Welfare State
According to
Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’
of the Indian Constitution. They are enumerated in Part IV of the Constitution.
They can be classified into three broad categories- socialistic, Gandhian and
liberal- intellectual. The directive principles are meant for promoting the
ideal of social and economic democracy. They seek to establish a ‘welfare
state’ in India. However, unlike the Fundamental Right, the directives are non-
justiciable in nature, that is, they are not enforceable by the courts for
their violation. Yet, the Constitution itself declares that ‘these principles
are fundamental in the governance of the country and it shall be the duty of
the state to apply these principles in making laws’. Hence, they impose a moral
obligation on the state authorities for their application. But, the real force (sanction)
behind them is political, that is, public opinion.
Reservation Policy
Though the
reservation policy is just one of the instruments for development and social mobility
of the weaker sections, it is nonetheless a vital force for social transformation
and development with regard to the weaker sections, especially due to the lack
of capital and other forces of development on downtrodden Indians.
The Socio-Cultural Gap
Another
important thing to note is about the intra-gap among weaker sections. The socio-cultural
gap is not merely between the SCs, STs and OBCs (weaker sections) but within the
particular section itself. According, to some researchers, like ‘creamy layer’
– legally recognized among OBCs, be made legalised among SCs, and STs too; it
is because social economic and political gap among the particular group has
already been widened and established over the period of time, and the well-off
sections – creamy layers, truly garner all the benefits provided for such
weaker sections.
Findings
The social
movement of Dalit rejects the so-called Brahminical ideology, criticizes government
policies, spreads political awareness among its members, apart from other
functions stated above. The growth and spread of the social movement have
resulted into growth and spread of various Dalit political parties, i.e.,
Bahujan Samaj Party, Republic Party of India, Dalit Panther Party etc. Despite
this, however, the intra-rivalries among themselves have not allowed them to
grow to the extent of becoming the ruling party except in few pockets of the
nation. Rajani Kothari observes that because of the rivalries among them
specially between SCs and OBCs, the strong front of SCs, STs and OBCs for
common socio-political struggle could not been established and thus according
to him social justice is in dilemmas (Kothari, 1998). Some of the reasons for
such rivalries are: (a) still quite significant socio-cultural differences
exist among these social groups especially in rural India; (b) vested interest
among elites of these groups do not allow them for united strong front, as some
of these elites are afraid of losing power; (c) other antagonistic groups very
often create misunderstanding among them. Despite such, due to some of the
contention policies of the government, the Dalits are expected to launch common
and better socio-political struggle with enlightened vision. Moreover, all the
people cannot be brought under the same umbrella. Only those who realizes the
situations and become conscious enough of their ‘social being’ would
participate in such socio-political struggle. The people belonging to so-called
upper castes can also participate on humanistic ground, as it is the struggle
of social freedom through social transformation and development.
Suggestions
The
downtrodden struggle to rule the nation through political mobili-zation
however, requires some cautions too. First, if the downtrodden party’s captures
the state it should not reverse the exploitation to so-called upper castes as
previously dalits were exploited by them, but firmly practice the principles of
equality, liberty and fraternity. Second, within the given hierarchical social
order, social justice is a mere dream as several studies point out; hence, the emphasis
should be on ‘social transformation’ – that is total destruction of caste and
other inhuman social system. Third, the policy of state should be carried on
for fullest development of mankind and bring equality in its fullest possible
form rather than evolving new type of systems of inequality. In sum, after
independence ‘state’ (based on unequal social system) gives birth to ‘social
justice’; social justice leads to formation of ‘base class’; base class
initiates and matures ‘social movements’; social movements gives boost to
‘political parties’; political parties capture the state to rule; and the state
makes social system on the basis of equality, liberty and fraternity through
social transformation and social reconstruction.
Testing of Hypothesis
If the
hypothesis stated above is succeeded and materialized, the programme of social justice
for weaker sections would become non-functional and unnecessary and no need for
further social justice would be felt. In new type of social system, the state
should give emphasis on building strong socio-economic development and
enhancement of creativity and development of human personality through the
process of social transformation and development. The hypothetical prediction
about just society should not be considered as illusion or Utopia; rather the
intellectuals should optimistically strive to promote such a system to occur.
Conclusion
Ambedkar
made valuable contribution to the social and political thinking. He strongly denounced
the outrageous attitude of the Brahmanical Hinduism towards the untouchables and
worked for the liberation of the untouchables from the oppression of the higher
caste Hindus. Through his writings and speeches, he made the people conscious
of the political, economic and social problems of the untouchables and
impressed the need of paying social attention to the amelioration of the
miserable condition of the untouchables. The influence of his ideas is evident
from the fact that the new Constitution not only ensured equality to all the citizens
but also took definite steps to abolish untouchability and made its practice in
any form an offence punishable under law. In short, the legal remedies taken to
uplift the untouchables were due to the influence of Dr. B.R. Ambedkar.