Post Name: Law Clerks
No. of Vacancies: 10 posts

Age Limit: 18-38 years

Pay Scale: Rs.10000/- per month

Qualification: Graduate or Post Graduate Degree in Law or Doctorate in Law

Selection Procedure: Selection will be based on Written Exam, Viva Voce

Application Procedure: Apply online through official website: http://ghconline.gov.in

Starting Date: 19th June 2017

Deadline: 3rd July 2017

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According to Section 2(a) of the Indian Environment (Protection) Act 1986, the term “Environment” includes water, air and land and human beings, other living creatures, plants, micro-organism and property. However, under Section 1(2) of the Environment Protection Act 1990 of the United Kingdom, the term “environment” consists of all or any of the following medium, namely, air, water and land and the medium of air made structures above or below ground. According to the Encyclopaedia Britannica, the term “Environment” means the entire range of external influence acting on an organism, both the physical and biological and other organism, i.e., forces of nature surrounding of an individual. Besides, man-made environment is created by us i.e., industrial revolution, communication networks like telephones, internet etc., agricultural & plantation for the protection of environment, power generations, sustainable development is a tool of protect the pollution free environment.

The degradation in environmental quality has been evidenced by enormous pollution, loss of vegetal cover and biological diversity, excess accumulation of harmful chemicals in the atmosphere and in food chains, growing risks of environmental accidents and threats to life support system. The expression “the people of the whole world resolve to protect and enhance the environmental quality” is found in the decisions taken at the United Nations Conference on the Human Environment which took place at Stockholm in June 1972. The Government of India was participated in the Conference and strongly voiced the environmental concerns. While several measures have been undertaken for environmental protection, but the need for a general legislation has become increasingly evident. Although, there are existing laws dealing directly or indirectly with several environmental matters, it is necessary to have a general legislation for environmental protection. Existing laws generally focus on specific types of pollution or on specific categories of hazardous substances. Some major areas of environmental hazards are not covered. There also exist uncovered gaps in areas of major environmental hazards. There are not adequate linkages in handling matters of industrial and environmental safety. Control of mechanism to the guard against slow insidious to develop of the hazardous substances, especially new chemicals are weak in an environment. Because of a multiplicity of regulatory agencies, there is need for an authority which can assume the lead role for studying, planning and implementing long term requirements of environmental safety and to give direction to and to co-ordinate a system of speedy and adequate response to emergency situations threatening the environment.

The deforestation, cutting of tree without permission from the competent authority, rapid growth of industrialization, there is no check & balance of hazard standards equipment in industrial units, expulsion of population, inadequate knowledge among the people about environment and pollution are the main causes of environmental issues and challenges. Besides, the government agencies/functionary is not activated to control these problems and prospects in such a manner as requires the problems of our nation. There is a need of an hour to motivate these agencies to do something in inspirit of the legislation with the strong “Political Will of the State”. NGOs can perform to aware about issues and solutions amongst to the common people.

The rapid growth of industry and direct foreign investment is the result of our liberal economy policy on the monumental scale pose new challenges and new threats for a complex plural society. These challenges have often been noticed in the past, it is merely the scale, which might be different in future. If there has been indeed, a regrettable aspect to the Independent Nation’s history, it has been the inability of the Executive wing to deal with these problems effectively and set a precedent, which may be followed. The trains that such rapid Industrial advancement place on a Nation’s environs are unfathomable, the destruction that it has the capacity of causing, almost frightening and under these circumstances the means and measures which ordinary citizens have in dealing with them, seemingly hopeless.

But it is each society’s own unique way of dealing with the challenges before it. Reformed Government has not yet been India’s response. The sheer destruction of our ecology has been met with firmly by only one pillar of the vast State. It is indeed almost ironic that the task of saving India’s natural resources.

The Herculean task undertaken by the Supreme Court has been made possible by the now settled principle of dilution of the old rule of locus standi. Invention has occurred by now in a plethora of cases, most of them discussed on innumerable occasions by Jurists and the Intelligentsia and PIL can be filed for the protection of environment.

No doubt, industrialization is the backbone of our economy and agrarian sector is not capable to fulfil the requirement of an employment opportunities but we cannot be compromised with environment, development should be made in such a manner to use the natural resources in a minimize waste with maximum satisfaction of the wants of the people as the theory of “Social Engineering” propounded by Dean R. Pound. Therefore, sustainable development is the best solution of our problem as discussed above.

The pollution of water is a phenomenon that is characterized by the deterioration of the quality of water as a result of different human activities. It is estimated that man can survive 20 days without food, but starts struggling for life in the absence of water just after one day. Water is the need for the maintenance of life of plants and animal; for navigation and hydro-electric power. That is why most of our cities, towns, and villages sprang up near places where plentiful water is available in the form of lakes, rivers and sea. History reminders us that many civilizations perished or migrated to better locations due to scarcity of water. Water pollution is a global problem, affecting both the industrialized and the developing nations. The water pollution problem is in rich and poor nations, these can be sorted out with collective measures and efforts of the nations. Human activities related with water pollution can be attributed to mining, agriculture, stockbreeding, fisheries, forestry, urban development, construction works, industries, etc., in our country unsanitary water and malnutrition can account for most of the illness and death. Like air pollutants, water pollutants, come from numerous natural and anthropogenic sources. Likewise, water pollutants produced in one nation may flow into others, creating complex international control problems that may take decades to solve. Therefore, management and conservation of water resources have become important issues for the protection of environment.

Environmental protection has now become a matter of grave concern for human existence. It is the duty of State and each & every people of the world to maintain the ecological system of the environment and pollution free society of the world. Industrialization, over exploitation of resources, the scientific and technological progress of man have invested the man with immense power over nature and these have been the principal causes for the impairment of the quality of the environment.

Environmental degradation is a social problem and considering its impact on the society has risen to deal with the situation as it demands in the present day-to-day. It is not merely confined to the Apex Court, but also the High Courts in India including Orrisa High Court which have shown dynamism in evolving the right to environment in India. While dealing with an environmental issue on Bhitarakanika Sanctuary, Hon’ble A. Pasayat and P.C. Naik , JJ felt in the case of Centre for Environmental Law V. State of Orrisa that there is constitutional imperative on the State Government and the local bodies like Municipalities not only to ensure and safeguard proper environment but also an imperative duty to take adequate measure to promote, protect and improve the environment.
(1) Constitutional Protection of the Environment

The Indian Constitution is amongst the few in the world that contains specific provisions on environmental protection. The Directive Principles of State Policy and the Fundamental Duties chapters explicitly enunciate the national commitment to protect and improve the environment. Judicial interpretation has strengthened this constitutional mandate. Recently, the courts have recognised the right to a wholesome environment as being implicit in the fundamental right to life.

Environmental protection and improvement were explicitly incorporated into the Constitution by the Constitution (Forty – Second Amendment) Act of 1976. The Constitution (Forty – Second Amendment) Act, 1976 introduced Article 48-A in Part IV which provides that “the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country”, the provision though not enforceable in a court, directs the State to enact legislation and frame policies towards attaining these goals.

The Constitution (Forty-Second Amendment) Act, 1976 also introduced Article 51A in Part IV A of the Constitution Article 51 A (g) provides that “it shall be the duly of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures”. Thus the State now is under a moral duty to take measures to prevent ecological imbalances resulting from modern industrialization. The Constitution has also cast a duty on the citizen to take steps for maintaining ecological balance. Although the language of Article 48 A and Article 51 A (g) differs to each other, the differences appear to relate to form rather than to substance. Together, the provisions highlight the national consensus on the importance of environmental protection and improvement. The incorporation of protection of environment as an obligation of the state and as a mandate to the citizens of India as part of the fundamental duties is notable indication to the importance of the protection of environment.

“Whenever a problem of ecology is brought before the Court, the Court is bound to bear in mind Article 48A of the Constitution and Article 51A (g) of the Constitution. When the Court is called upon to give effect to the Directive Principle and the Fundamental Duty, the Court is not to shrug its shoulders and say that priorities are a matter of policy and so it is a matter for the policy -making authority. The least that the Court may do is to examine whether appropriate considerations are borne in mind and irrelevancies excluded. In appropriate cases, the court may go further, but how much further will depend on the circumstances of the case. The Court may always give necessary directions.

(2) Scope of the Environment (Protection) Act, 1986
In the wake of the Bhopal tragedy, the Government of India enacted the Environment (Protection) Act of 1986, under Article 253 of the Constitution. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment of 1972, in so far as they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. The Act is an ”umbrella” legislation designed to provide a framework for Central Government co-ordination of the activities of various central and state authorities established under previous laws, such as the Water Act and Air Act.
This Act is the first Act dealing with the Human environment as a composite whole and it is a comprehensive legislation on this point and also dealing with air, water, and noise pollution as also regulating the treatment of hazards materials. Besides, Act is contained the 26 Sections and divided into four chapters. The legislature has made the first time attempts to lay down the said law on this point and goes beyond the scope of the water and Air Pollution Acts passed in 1974 and 1981 respectively. But Act also suffers from shortcomings. The drawbacks of the Act relate to its narrow area of operation weak citizens suit provision, tax provisions relating to fixing of liability of corporate officials and lack of provisions providing for an individual’s right to sue a defaulter for damages.
The potential scope of the Act is broad, with ‘environment’ defined to include water, air, and land and the inter-relationships which exist among water, air and land, and human beings and other living creatures, plants, micro-organisms and property. “Environmental pollution” is the presence of any environmental pollutant, defined as any solid, liquid or gaseous substance present in such concentration as may be, or may tend to be injurious to the environment. Hazardous substances’ include any substance or preparation which may cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment.

The Act provides for severe penalties. Any person who fails to comply with or contravenes any of the provisions of the Act. or the rules, orders, or directions issued under the Act shall be punished, for each failure or contravention, with a prison term of up to five years or a fine of up to Rs. l lakh, or both. The Act imposes an additional fine of up to Rs. 5,000 for every day of continuing violation. If a failure or contravention occurs for more than one year after the date of conviction, on offender may be punished with a prison term which may extend to seven years.

The Parliament has enacted various legislations for the protection of environment, pollution and maintains the ecological system of our nature, such as even in pre-independent era environment pollution was regulated by general laws viz: I.P.C. 1860, Cr.P.C. 1898 and Police Act 1861 having relevant provisions dealing with control of water, air, noise pollution and nuisances. Whereas, water pollution was controlled mainly by the North canal and Drainage Act 1873, and the Obstruction of Fair Way Act 1881, Air Pollution Control Provisions were contained in the Oriental Gas Company Act 1957, Explosives Act 1884, Indian Boilers Act 1923, The Petroleum Act 1934, Poison Act 1919, The Environment (Protection) Act 1986, Air (Prevention and Control of Pollution) Act 1981, The Water Cess Act 1977, The water (Prevention and Control of Pollution) Act 1974, The Bhopal Gas Leak Disaster (Processing of Claims) Acts 1985, The Public Liability Insurance Act 1991, The Wild Life (Protection) Act 1972, The Forest (Conservation) Act 1980, The Indian Forest Act 1927 The National Green Tribunal Act 2010 but the implementation of these laws couldn’t achieved the require result, it may be a failure of our function & functionary. But it can get the require result with the aid of “Strong Political Will of the State” and NGOs can play the vital role for awareness of environment and pollution free atmosphere among the common peoples.

(3) The Environment Protection: Cr. P. C & I. P. C.
The question whether the SDM was justified in passing order for closure of factory on the ground of causing pollution. Andhra Pradesh High Court in the case of Nagarjuna Paper Mills Ltd. V. S.D.M & R.D. Officer, has held that the Water Act 1974 has not taken away the power of Sub-Divisional Magistrate under Section 133 of Cr. P.C to close a factory causing pollution when appreciation certificate is not produce. The remedy under Section 133 of Cr. P.C is a quick and injunctive relief to the aggrieved party but the case may come within the purview of public nuisance under Section 133 of Cr. P.C and not for private nuisance which can be adjudicated before the Civil Court.
It is clear that Section 133 of the Code of Criminal Procedure, 1973 deals with the public nuisance. On the other hand the Air (Prevention and Control of Pollution) Act, 1981 was enacted by the Parliament under Article 252 (1) of the Constitution, however, after securing enabling resolutions from 12 States. The said Act, 1981 represents an Human Environment held at Stockholm in 1972. The executive functions of the Air Act are performed by the State Pollution Control Boards, as delegation of executive functions is permitted by Article 258 (2) of the Constitution. By virtue of Article 258 (3) of the Constitution, the Central Government is under Constitutional obligation to compensate the States for the cost of carrying out the delegated functions.

The issue was raised before the Rajasthan High Court whether the provisions of the Air Act, 1981 operate to impliedly repeal the provisions of Section 133 of Cr. P.C in the case of Lakshmi Cement V. State, wherein the State Pollution Control Board having rejected the consent application directed the company to stop its operations. This direction was issued prior to the introduction of Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 which was brought into effect from 1st April 1988 and the Board endorsed a copy of the latter to the District Collector requesting to take administrative action against the company/factory. The District Collector forwarded the latter to the Magistrate who passed an order under Section 133 of Cr. P.C requiring the company/factory to abate the public nuisance. By the time High Court has decided the company’s petition challenging the Magistrate’s order, the petition was regarded infructuous on account of subsequent events. The State Pollution Control Board has issued a provisional consent to the company immediately after the Magistrate’s order and company installed air pollution control equipment which brought down the emissions within the prescribed limits. The Rajasthan High Court while allowing the petition to “secure the ends of justice” and since the menace of the public nuisance had long abated, the High Court rejected the company’s plea that Section 133 of the Code stood impliedly repealed by passage of the Air (Prevention and Control of Pollution) Act, 1981.

I.P.C. and Protection of Environment

The provisions under Sections 268 to 294-A of the Indian Penal Code dealing with an environment problems however, certain sections of the I.P.C, are concern with the matters of public nuisance, negligent/malignant act likely to spread infection of disease dangerous to life, adulteration of drugs/foods, fouling of water of public spring or reservoir, making atmosphere noxious to health and punishment for public nuisance are embodied in the chapter XIV of the Indian Penal Code.

The public nuisance is also called common nuisance. It is annoyance which affects the public and is an actual annoyance to all the subjects. To amount a public nuisance there must be an act or an illegal omission. It is not mandatory that the act should be illegal. However, as soon as an act becomes a nuisance, it becomes illegal not because it is ‘per se’ illegal, but because it has an injurious effect upon and is not tolerable to the public.

The Section 269 of I.P.C contains the provisions about the punishment of the Offence related to spread infectious diseases by any person in the society. The infectious diseases are cholera, plague and small-pox etc. However, such person must have knowledge that his action was likely to spread infectious diseases. Where a man was suffering from cholera and was aware of its infectious nature, travelled by train without informing the railway authorities of his condition, it was held that he was responsible for spreading infectious of cholera.

The Section 270 of I.P.C is the aggravated form of the offence punishable under the last Section. The word “malignantly denotes a deliberate intention to cause intention of any disease on the part of accused.

The Section 272 of I.P.C says that a person who mixes harmful ingredient in food or drink shall be punished under this section. Mere adulteration with harmless ingredients for the purpose of getting more profit is not punishable under this Section e.g. mixing water with milk or ghee with vegetable oil. Similarly Section 278 of I.P.C provides punishment for making atmosphere noxious to heath and affects the health of the public at large.

(4) The Environmental Laws: A Judicial Approach
The Supreme Court has held that every attempt should be made to preserve the fragile ecology of the forest areas and to protect the tiger reserve and the right of tribal in the State of M.P. Hence, it is a landmark decision of Apex Court to protection of deforestation of our Jungles.
In the case of Supreme Court has recognised the importance of pollution free environment and gave it the status of a human right.

In the case of Supreme Court held on the facts that discharge of smoke from the chimneys of the plant, was not causing pollution. The petitioner samithi alleged that the Junjunwala Oil Mills and Refinery Plant located in the green belt area was causing environmental pollution due to the emissions of smoke and dust from the chimneys of the mill and effluents discharged from the Plants. The petitioner prayed for necessary direction. The Apex Court having considered the facts and circumstances, the nature of allegations and the long history of enmity and animosity between parties, expressed the opinion that there was no conduct on the part of the respondent to attribute pollution of air or ecological imbalance calling for interference by the Court. The petition was held devoid of any merit. Every citizen has a fundamental right to have the enjoyment of quality of life and living as contemplated by Article 21 of the Constitution of India. Anything which endangers or impairs, by conduct of anybody either in violation or in derogation of laws, that quality of life and living is entitled to be taken recourse of Article 32 of the Constitution.

The Supreme Court has enunciated the doctrine of “Public Trust”, based on the legal theory of the ancient Roman Empire. The idea of this theory was that certain common properties such as rivers, seashores, forests and the air, were held by the Government in trusteeship for the free and unimpeded use of the general public. The resources like air, sea, waters and the forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The concept “environment” bears a very close relationship to this doctrine. The doctrine enjoins upon the resources for the enjoyment of the general public, rather to permit their use for private ownership or commercial purposes. It was thus held that the State Government committed breach of public, by leasing the ecologically fragile land to the Motel management.

Right under Article 19 (1) (g) of the Constitution is not an absolute right but it is subject to suspension/restriction/prohibition. Thus, it is clear that a licence to carry on activities of traders doing business of gunny bag can be cancelled on account of creating nuisance. Hence, the right of the petitioner to carry on business in old and used gunny bags cannot be said to be absolute.

The chemical or other hazardous industries which are essential for economic development may have to be set up. But measures should be taken to reduce the risk to the community by taking all necessary steps for locating such industries in a manner that would pose the least risk or danger to the community and for maximizing safety requirements in such industries. The Supreme Court directed the High Court to set up Green Bench.

The Supreme Court has directed the Union of India and University Grant Commission to take appropriate steps immediately to give effect to the guidelines laid down by the Court, i.e., requiring the Universities to prescribe the course on environment. They would consider the feasibility of making this a compulsory subject at level in college education. So far as every State Govt. and every Education Board connected with education up-to the matriculation stage or even intermediate College to immediately take steps to enforce compulsory on environment in a graded way.
The Supreme Court has held that the material resources of the community like pounds, forests and mountains etc., are bounty of nature. They are responsible for maintaining ecological balance all over. Therefore, they need to be protected for proper and healthy environment which enables people to enjoy quality of life which is the essence of the guaranteed right under Article 21 of the constitution. Thus, the Govt. and its agencies are under constitutional obligation itself provides concept and object for protection and improvement of environment then an Act to provide for the protection and improvement of environment and for matters connected therewith, cannot be said to be unconstitutional in any way.

The “precautionary principle” requires the State to anticipate and attack the causes of environmental degradation.

Conclusion
To wind up our discussion made so far, it would be well in point to recapitulate the following essential things around which this work has been spinning.
In the present day globalization era, the theory “Social Engineering” Propounded by Roscoe Pound says: The policy of Law makers, town planner, developers of industrial sectors in such a manner, it should be satisfying the maximum wants, or desires, or claims of the human beings with minimum waste, means a balance between the competing interests in the society”. In fact industrialization plays vital role in our economy & commerce and also generate employment opportunities to our youth generations but keep in mind an environmental factor also. So, sustainable development is the need of an hour and it would helpful to maintenance of environmental factor and ecological balance should be maintained. Natural resource may be utilized as small as and policy makers must plans industrialization & urbanization policy in such a manner to protect & improve the environment & pollution free atmosphere in order to preserve the fertile lands and industrial township can be set up in non-fertile lands. So, Green belt to be developed for the progress of oxygen from trees and policy-makers may plan their in such a manner to provide an opportunity to the farmers to develop the groves & orchards due to creation oxygen to our lungs and control of pollution.

Author: Faisal Ali Khan

Disclaimer:  This Article Has been Published in Legal Desire International Journal on Law, ISSN 2347-3525 on Page no 13 and Issue no. 8th

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“IF I FIND THE CONSTITUTION BEING MISUSED,
I SHALL BE THE FIRST ONE TO BURN IT”

– DR. BHIM RAO AMBEDKAR

INTRODUCTION
In 16th century the word caste was derived from the Spanish and Portuguese word Casta, which means race or lineage. Caste system is an example of rigid social inequality from the perspective of social organization and system of values. So far as social organization of caste is concerned, there is division of society into groups ranking in a different hierarchy and in a system of values, caste provide legitimacy to the concept of social inequality among the masses as well as give importance to the idea of purity and pollution. The roots of Hindu caste system were already in place between 1000 and 1500 B.C. When the Aryans settled near the Indus river valley. The Rig Veda a sacred text from the period describe four main Varna in traditional Hindu society : Brahmanas ; the class of priests and teachers ; Kshatriyas, the warrior class who were the rulers and soldiers ; Vaishyas, the commercial class of artisans, traders and cultivators and Shudras; the servant and peasant class.

The word caste signifies breed, race and rank which came into use for the first time in 1563 A.D. by Gracia De Orta wrote – no one can changes from his father’s trade and all those of the same caste of the shoe maker are the same. To Hindu, however, the concept of caste has a narrower and more precise meaning, referring to the smaller sub-groups defined by subtle distinction of birth, intermarriage and occupation. The four Varna’s described in Rig Veda comprises more than 2000 sub castes .Beneath these caste is a fifth population group- those without any caste, literally, outcastes. They are treated as Untouchables. The Indian Constitution of 1950 made untouchability illegal. Today these people call themselves Dalits (oppressed) .

In India Caste System consists of two different concepts that is Varna and Jati, the real concept of Varna has almost disappeared in the present context and has changed into Jati. The former was based on color of the skin and later on birth. It is the religious and social institution of Hindu peoples who comprised about 80% of India’s population. The rest of India is Muslim, Christian, Sikh, Jain or Buddhist. Caste is such a deep rooted and pervasive concept, it is a rigid form of stratification system, in which mobility of rank and status is not allowed. However, that it has also influenced Muslims, Christians and Sikhs, for instance, they have separate churches for dalits and non dalits Christians. The 50 million Indians who live in tribal community predate the Aryan and Dravidian civilization. They are members of backward classes, they are not the part of Hindu society even then, they have started observing untouchability towards Dalits- who themselves have a caste hierarchy.

ORIGIN OF CASTE SYSTEM
Although, it is difficult to establish as to when the caste system originated, but there is no doubt that the institution of caste for the convenience of the ruling class leading to successful administration by them. There are different theories about the establishment of the caste system. These are Religious mystical, Biological, Socio-historical theories.

Religious Theory
The religious theory explained how the four Varna’s were founded, but they do not explained how the Jaats in each Varna or the untouchables were founded. According to Rig Veda, the ancient Hindu book, the primal man- Purush –destroyed himself to create human society. The different Varnas were created from different part of his bodies. The Brahmans were created from his Head; the kshtriyas from his Hands; the Vaishyas from his Thighs and the Shudras from his Feet. Other religious theory claims that the Varna’s were created from the body organs of Brahma, who is the creator of the world. According to Iravati Krave : the four rank system was creation of ruling class which originally had a three rank system in which whatever the differences of rank all people had right to certain rituals and sacraments from birth to death.

Biological theory
The biological theories claims that all existing things, animated and in animated, inherent three qualities in different apportionment. Sattva attributes includes wisdom, intelligence, honesty, goodness, and other positive qualities. Rajas attributes includes velour, passion, pride and other passionate qualities. Tamas attributes includes dullness, stupidity. Lack of creativity and other negative qualities. According to these attributes Brahmans inherent Sattva qualities. Kshatriyas and Vaishyas inherent Rajas qualities and Shudras inherent Tamas qualities.
In ancient India the religion had a prominent place; the king was considered the image of God. The Priest King accorded different position to different functional groups. According to Senart, like human beings food also inherent different dosage of these qualities but he explained the origin of caste system on the basis of prohibition regarding sacramental food. He holds that the followers of a particular deity considered themselves the descendants of the same ancestors and offered a particular kind of food as offering to their deity. Those who believed in the same deity considered themselves as different from those who believed in some other deity.

Socio historical theory
The socio historical theory explains the creation of the Varna, Jaats and untouchables. According to this theory the caste system begins with the arrival of Aryans in India. Before the Aryans there were other communities in India of other origins among them Negrito, Mongoloid, Austroloid and Dravidian. When the Aryans arrived in India their main contact was with the Dravidians and Austroloids. The Aryans disregarded the local culture, they begin conquering and taken control over regions in north India and at the same time pushed the local people towards the south, jungles and mountains in north India.
The Aryans organized among themselves in three groups. The first was of a warrior called Rajayana later they changed their name to kshatriya. The second group was of priest called Brahmans. The third group was of farmers and craftsmen and they were called as Vaishyas. In order to secure their status the Aryans resolved some social and religious rules which allowed only them to be the priest, warrior and the businessmen of the society. For instance: Maharashtra in West India, many think that the meaning of the name Maharashtra is great land but some claim that the name Maharashtra is derived from the Jaats called Mahar who were considered to be the original people of this region. In the caste hierarchy the dark-skinned Mahar were outcastes. The skin color was an important factor in the caste system.
The meaning of the word Varna is not class or status but skin color. In Hindu religious stories there were many wars between the good Aryans and a dark skinned demons and devils, but the real fact was that the dark skinned slaves were in fact the original residence of India, whom the Aryans coined as monsters, devils, demons and slaves.

Therefore the caste system did not come into existence all of a sudden or at a particular date. It is the result of the long process of social evolution. A number of factors played their part in the development of the present caste system enumerated as follows:
• Hereditary occupation.
• The desire of the Brahmans to keep themselves pure.
• The lack of rigid, unitary control of the state.
• The unwillingness of ruler to enforce a uniform standard of law and custom and their readiness to recognize the worrying custom of different groups as valid.
• Believe in re-incarnation and the doctrine of karma.
• Geographical isolation of the Indian peninsula.
• Static nature of Hindu society.
• Foreign invasion and rural social structure.

All these factors conspired to encourage the formation of small groups based on petty distinction from time to time. It may however be noted that the caste system is not specifically an institution of Hindus but it is a typical Indian institution. Further caste system is not a monopoly of India it existed and still exists in many parts of the world. What is unique in the Hindu caste system is that it alone classified some groups as untouchables and unapproachable.

ISSUES RELATING TO CASTE SYSTEM
According to P.N Bose,- the caste system has acted essentially to impose that attitude of money, needed to raise men from savagery but to stop them halfway on progress.

Disintegrating factor:
The caste system has literally split up the society into hundreds of hereditary caste and sub castes and encouraged a spirit of exclusiveness and class-pride, narrowed the outlook and created wide gulfs between the various sections of the community. The caste system resulted in lots of evils because of its rigid rules. It perpetuates exploitation of the economically weaker and socially inferior caste. It protects the privileged caste and thus, builds up economic discontent and social prejudices. A person born in one caste was doomed to remain in it forever, and keep check on economic and intellectual advancement and a great stumbling block in way of social reforms, because it keeps economic and intellectual opportunities confined to a certain section of the population only and denies them to other. The Shudras and untouchables had to perform all the menial tasks. They could not do anything for their own development. The worst thing is that they cannot be permitted to devote himself to any educational or scientific profession, even when they have natural aptitudes and physical and intellectual equipment for it. Worthy and capable person are prevented by caste rigors from getting their proper and rightful places, even there next generation has to follow the same rigidness of caste system, and they too remain closed slaves and bonded labors. The caste system however is guilty of just the opposite demerit. It does not make proper provision for low-born talents or high-born incompetence.

Barred to religious ties;
As far as religion is concerned the lower caste people were not even allowed to touch the holy book and sacred literatures and they were devoid to enter into the temple. This problem has given scope for religious conversion. The lower caste people were getting converted into Islam and Christianity, due to the tyranny of upper caste. Along with these issues the old Hindu Law Marriage Act 1955 promotes Anuloma marriage i.e. a boy from upper caste can marry a girl from lower caste and prohibits Pratiloma marriage i.e. a girl from lower caste cannot marry a boy from upper caste. It also inflicted untold hardships on women through its insistence on practices like child marriages, prohibition of widow remarriage, seclusion of women etc. these have made the life of women miserable.
History bears testimony that the issue of caste system sanctioned privileges to a section of society who understood themselves as a superior class and at the same time it inflicted a series of disabilities on their sections which continues from generation to generation.

Contrary to Democracy;
Democracy is based on principle of equality, fraternity and liberty. On the other hand the caste system is based on inequality of status and opportunities, which often creates conflict and tension in the society. It acts as an obstacle in the normal and smooth functioning of democracy. No doubt India has got political freedom but it must be the concerned of every individual that real freedom cannot be cherished without attainment of the social and the economic democracy. It is unfortunate that the Indian society is sharply divided into various caste and sub caste which acts as a barrier due to rigidity and division of the society based on caste consideration.

Perpetuates Untouchability:
The caste system has condemned large groups of people to a life of degradation without any hope of redemption. It has created Untouchables, an evil that has been sapping the very vitals of the society. This untouchability is reduced to the state of natural slavery and hindered the growth of brotherhood; hold off the national unity as it disallowed any type of social intercourse. B.R Ambedkar rightly said, Untouchability of Hindus is a rare phenomenon, humanity is any other part of the earth has never experienced it. There is no such thing in any other society. Really, the tyranny is perpetuated in the name of untouchabilty are the black lesson in human culture. . According to Mahatma Gandhi, untouchability is the hate fullest expression of caste.

Hindrance in the way of Modernization:
The caste system obstructs the process of Modernization as it also restricts the mental development of an individual. Modern Indian intellect is, therefore burdened with the sense of contrition over the matter. Passions overwhelmingly carry us to a position of hostility towards any compromise, and the entire caste structure placed in the docks. Despite this it cannot be said that the caste system offers a place in which any group religion or occupation can fit in as a cooperating part of the society.

BHIM RAO AMBEDKARS: VISION
Bhim Rao Ambedkar was born in December 1981 in a Mahar community, an untouchable caste of Maharashtra. His father Ramji and grandfather Maloji was in military services. He was the youngest child of his parents and was just only five when his mother died. Thereafter his aunt took care of him. He was enrolled in a local school of Satara where he had to sit on the floor and his teacher would not touch his books as because he was untouchable. Facing so many hardships in his life B R Ambedkar continued his studies and passed his matriculation. In 1913 Maharaj OF Baroda awarded scholarship to B R Ambedkar and send him to America for attaining the degree of Masters, it was for the first time in his life he was not degraded for being Mahar.

He submerged himself in the studies and obtained the Degree of M.A, PHD from the University of Columbia. There after he proceeded to London but soon Baroda government ended his scholarship and bring him back. The Maharaja of Baroda appointed him as a Secretary but here also he faced discrimination because of being Mahar. In 1917 he returned to Bombay and joined syndrome college, Bombay as a professor of political economy on a temporary basis. the social treatment of other professors were so pathetic as they all belongs to high caste even they objected that Ambedkar can’t drink water from the pot reserved for the professional staff. When he started legal practice in the High Court of Judicature, Bombay. He had no money even to obtain sanad. He had joint the appellate side of the bar. The solicitor would not condensed to have any business dealing with him because of untouchability .therefore, all these circumstances forced him to be a great rebel against the Hindu orthodoxy and its discriminatory treatment to turns his mind for searching a cult where a man is not discriminated by the another man.

Dr. Ambedkar played a significant role for the upliftment of downtrodden. He was considered as messiah for suppressed class as he belongs to untouchable’s community. He experienced caste discrimination right from the childhood, that’s why he raises the issues related to untouchability there are many leaders who raise their voice for the down trodden of India, but the most significant, eminent actions were taken by B R Ambedkar because he himself faced such problems ,After noticing the evils of prevailing caste system and its impacts on suppressed human being prompted founding father of the Constitution of India to create an egalitarian society wherein justice, social, economic and political right prevails which includes equality of status and opportunity may be available to everyone irrespective of caste system.
No doubt India has got political freedom and has political democracy, but it must be the concerned of everyone that real freedom cannot be cherished without attainment of social and economic democracy. It is unfortunate that the Indian society is sharply divided into various caste and sub caste which is obstacle due to rigidity segregation and division of the society based on rigid caste consideration. B R Ambedkar was impressed enough by the conduct and humanism of the great social reformers like Budhha, Kabir and Jyotiba Phule. He declared that Untouchables must leave the Hindu culture and accept another religion instead, and he himself embraced Buddhism.

Dr. Ambedkar criticized old Law books like Manusmriti and Arthshastras who showed the inferiority and bitterness towards the suppressed class. He also criticized the higher standard of Brahmans who are category above of all. The Brahmans are somehow responsible for social exploitation and the backwardness of untouchables.
Ambedkar also rejected that there were no such invasion of Aryans as mentioned in the ancient Vedic and Sanskrit literature. He argued that Shudras were not dark skinned but Shudras were also belongs to the Kshatriyas class but due to the defeat in a battle with VAISTHA after which they became their subordinates. He raises many question against the political minded Hindus such as are you fit for political power even though you do not allow a class of your own countrymen like the untouchables to use public school, public well, public street, to wear what apparel or ornament they like, food they want to eat, he who emerged a revolutionary leader, approached the problem of Hindu caste system and the fate of suppressed human being from different perspective. In estimation of Dr. Ambedkar caste is a barrier to social progress and was the direct result of Hindu caste system.

According to him Varna and Caste were evil ideas. He was of the belief that by the eradication of the Varna system, a cohesive and egalitarian society may emerged the concept if equality and fraternity and viewed that every congressmen who was of the opinion that when one country is not fit to rule, another country must admit that one class is not fit to rule another class. If he talks about political reformation he criticized both Mahatma Gandhi as well as Congress Party. He said that Congress to be the sole representative of people of India including all communities’

But congress does not pay much emphasis on the interest of the untouchables and when he mentioned Gandhi, Ambedkar says that he give many quotes and sayings but no views and suggestions that were helpful for the development of un-trodden He was of the view that there should be reorganization and reconstruction of the society which relates to the abolition of caste system. High class Hindu never feel the necessity for agitating for the abolition of the caste system, rather they felt quite a greater urge to remove those evils such as child marriages, sati etc One important fact that deserves to be mentioned over here is that Gandhi could never rid his mind of a concept of Varna system and he never directly asked people to give up on caste system. On the other hand Dr. Ambedkar clearly mentioned outcaste is the byproduct of the caste system. There will be outcaste as long as there are castes. And nothing can emancipate the outcaste except the destruction of the caste system.

Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life which recognizes liberty, equality and fraternity as the principles of life.
-DR. BHIM RAO AMBEDKAR

Dr. Ambedkar’s initiative for the abolition of caste system
Dr. B R Ambedkar throughout his lifetime was considered to be a controversial personality. He was a great nationalist who was less understood and more misunderstood by his own countrymen. But his worth could not be hidden for a long time, he began to be hailed by the people of the India as a great patriot throughout his life. There were various initiatives taken by him for the course of the memorandum that he submitted jointly with Roa Bahadur K. Srinivasan of the minority committee of the round table conference he had outlined the terms and conditions on which the depressed classes will consent to place themselves under a majority rule in a self governing India as follow:
• Equal citizenship and fundamental rights declaring the practice of untouchability as illegal.
• Free enjoyment of equal rights protected by adequate constitutional remedies.
• Protection against discrimination.
• Adequate representation to the depressed classes in the legislature. They must have the right to elect their representative by Universal Adult Suffrage.
• Adequate representation in the services.
• Redress against pre judicial action or neglect of interest and obligation should be imposed on the legislation and the executive to make adequate provision for the education, sanitation, recruitment and other matters of social and political advancement of the depressed classes.

Ambedkar was called upon to play a stupendous role in his capacity as chairman of the drafting committee of the constituent assembly and as a minister of Law in the Nehru Cabinet. He was entrusted with the responsibility of safeguarding the rights of every Indian, especially for depressed sections. A quick glance at the provisions enumerated in part III, IV and XVI of the Indian Constitution.

DR. B.R. AMBEDKAR AS A MASSIAH FOR DOWNTRODDEN
On his return to India in 1923, he founded, Bahishkrit Hitakarini Sabha with a main object of spreading education and improving the economic conditions of the oppressed classes. With a slogan of Educate-Agitate-Organized the social movement led by Dr. Ambedkar aimed at annihilation of the caste and the reconstruction of the Indian society on the basis of equality of human beings.
In 1927 he led the march at Mahad, Maharashtra to establish the rights of the untouchables to take water from the public Chawdar Lake. This marked the beginning of anti-caste and anti-priest movement. The temple entry movement launched by B.R. Ambedkar in 1930 at the Kalaram temple is another landmark in the struggle of human rights, political and social justice.
One of the greatest contributions of Dr. Ambedkar was in respect of fundamental rights and directive principles of state policy enshrined in the constitution of India. The fundamental rights provide for freedom, equality and abolition of untouchability and remedies to ensure the evolution of rights. The directive principles mentioned fair distribution of wealth and better living conditions for all.
It was he, who forsook his high pedestal, lying down to their level, gives them a helping hand and raised them to human stature. For Indians, Ambedkar is no more a historical personality named Bhimrao Ramji Ambedkar. He is already metamorphosed into a symbol-a symbol for their collective aspiration and an icon for the thesis of their emancipation. Human history is replete with such icons; rather it is largely made of them.

CONCLUSION
Caste system was very much stringent and rigid institution of early society which was responsible for the pathetic condition of different groups of the community and they were treated as suppressed and untouchables class. Various successful steps were taken by different social reformers to eradicate this evil from the mind of the people, because every individuals mind were responsible to generate this evils into once mind. This paper emphasized the annihilation of caste system in the light of the views if Dr. B R Ambedkar. He made valuable contribution to the social and political thinking and denounced the outrageous attitude of the Brahmanical Hinduism towards the untouchables and worked for the liberation of oppressed class from the high caste Hindus. Through his writing and speeches he made the people conscious of the political, economic and social problem of the untouchables and impressed the need of paying special attention to the conditions of untouchables.

The influence of Ambedkar idea is evident from the fact that the new constitution not only assured equality to all the citizens but also took definite steps to abolish untouchablity and made its factors in any form an offence punishable under law.

Author: Anam Sabir & Malka Tazeen

Disclaimer:

This Article Has been Published in Legal Desire International Journal on Law, ISSN 2347-3525 on Page no 32 and Issue no.8th

The post Dr. B.R. Ambedkar views on Abolition of Caste System in India appeared first on Legal Desire Media and Insights.

Birth, Parentage, Childhood, Early Education and College Education
Shri Kanshi Ram was born on 15th March 1934. His mother was Mrs. Bishan Kaur and father was Shri Hari Singh. He belonged by birth to Ravidassia (Ad-Dharmi/Mulnivasi) Sikh community of the Scheduled Castes which is the largest group in Punjab. Ravidassias have monotheistic belief based on teachings of 14th century Indian saint, Ravidas, revered as Satguru by his followers. Ravidass, a Scheduled Caste by birth, taught monotheistic spirituality and a message of equality and emancipation from the caste system. Ravidassia’s believe that since Ravidas lived before the 1st Sikh Guru and his teachings were studied by the Sikh Gurus and influenced them, he is just as much a saint as them. Initially the Ravidassias revered the Guru Granth Sahib of the Sikhs, which was the only repository of the devotional poetry of saint Ravidas. However, following their drift from mainstream Sikhs, the Ravidassias compiled their own holy book “Amritbani” comprising of the teachings of Saint Ravidass Ji, and many Ravidassia temples now use this book as a scared book.

The place of birth of Shri Kanshi Ram was Pirthipur Bunga village, Khawaspur in Rupnagar (Ropar District) of Punjab. As per the information available his father was a literate person and was interested in ensuring that his children stand educated. Kanshi Ram had two brothers and four sisters. He was the eldest and best educated. It is said that he was named Kanshi Ram, as the nurse put the child in the auspicious bronze tray after his birth. Bronze alloy is known as “Kansa” in local dialect. His father owned some land and his uncles were in the armed forces. The early childhood of Kanshi Ram was as usual. He got his early schooling and passed school classes successfully. He was talented and meritorious. He got admission in Bachelor of Science (B.Sc.) program in 1955 in Government College, Ropar, which was affiliated to Punjab University. He successfully completed this difficult program in 1956 of science studies in those days when the facilities were very less. In his own words which reflect the truth “I was born and brought up amongst those who sacrificed themselves but never betrayed the country…” His upbringing was modest. During his school and college years there was nothing special about him to suggest that he would mature into great social revolutionary.

Initial Placements and Jobs
He was appointed as Scientific Assistant in Explosive Research and Development Laboratory (ERDL), Pune in 1957. Kanshi Ram joined High Energy Materials Research Laboratory (HEMRL), and then became part of the Defence Research and Development Organisation (DRDO) in Pune. During his tenure in the DRDO in 1965 he joined the agitation started by SCEWASTAMB (All India Federation of Scheduled Caste/Tribes Backward Class & Minorities Employees Welfare Associations) of Government of India.

The Turning Point
Reaching Maharashtra was a turning point in the life of Shri Kanshi Ram. It was in Maharashtra that he got influenced by the legacy of dedicated reformers like Mahatma Jyotiba Phule, Chatrapati Shahuji Maharaj and Dr. B. R. Ambedkar. Here he started reading the literature related to him and exposure of the impact of the efforts of Dr. Ambedkar. His personality was now getting articulated. It was after he joined the struggle against the abolition of Ambedkar’s birthday as a holiday, in 1965, that his career in the fight for the oppressed communities started. He studied the entire caste system and the works of Ambedkar closely and came up with many efforts to help the oppressed rise from the difficulties of caste discrimination.

THE REAL BIRTH OF SHRI KANSHI RAM (AS WE KNOW AND AS HISTORY WILL KNOW HIM)
Famous Deena Bhan Case
Shri Deena Bhan was from Rajasthan and belonged to a Scheduled Caste. He was an employee and senior colleague of Shri Kanshi Ram. He was suspended. His fault was that he protested against the decision of the management of ERDL, Kirki, of the cancellation of holidays for Dr. B. R. Ambedkar and Gautam Buddha Jayantis and their replacement by the Tilak Jayanti and one additional holiday for Deepavali. Shri Kanshi Ram decided to fight against such a caste ridden and arbitrary behavior of the management. The fighter in Shri Kanshi Ram got the suspension orders of Shri Deena Bhan revoked and Dr. Ambedkar and Buddha Jayanti holidays were restored.
This was the beginning of the long battle for the emancipation of the Depressed Classes in the country that Shri Kanshi Ram led. He resigned from his job and totally dedicated his entire life for the cause of the community. He declared “I will never get married, I will never acquire any property, I will never visit my home, and I will devote and dedicate the rest of my life to achieve the goals of Phule- Ambedkar Movement”. He never married nor visited his home since then. His struggle was not for the home and family. He devised a new strategy to regain the glory of the original (Adi) inhabitants of Bharat (India). These pledges reflect the work of Manyavar Kanshi Ram who is remembered in the history of India as a true leader of Bahujan Samaj.

SOCIO-CULTURAL LEGACY OF MANYAVAR KANSHI RAM
Identification, Expansion, Inclusion and Recognition of Other Backward Classes, Minorities and Others as Depressed Classes
The journey of Manyavar Kanshi Ram and his movement of socio-cultural revolution and economic emancipation of Bahujan Samaj started way back in 1964. Significantly, he expanded the circle of the Depressed Classes by incorporating other Backward Classes and Minorities into it. He criticized the post- Ambedkar leadership of Scheduled Castes in India. He gave utmost importance to the culture of work and democratic method of struggle.
In 1971 he quit his job and together with his colleagues established the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Minorities Employees Welfare Association. The Association was registered with the Charity Commissioner, Pune. Through this association, attempts were made to look into the problems and harassment of the employees and bring out an effective solution for the same. Another main objective behind establishing this association was to educate and create awareness about the caste system. This association turned out to be a success with more and more people joining it.

Criticism of Poona Pact and Post Ambedkar Scheduled Caste Leadership
Kanshi Ram was critical of the Poona Pact(September 24,1932) and he examined it in great depth. He said that “Poona Pact” made Scheduled Castes helpless. By rejecting separate electorate, Scheduled Castes were deprived of their genuine representation in legislatures. In his famous book “The Chamcha Age” (An Era of the Stooges) he exposed various kinds of Chamchas (Sycophants or Stooges). He was of the opinion that many kinds of sycophants were born in the last fifty years. As and when India’s so called high caste Hindu rulers felt the need of sycophants and when the authority of the upper castes got endangered by real and genuine Scheduled Caste leaders, sycophants were brought to the fore in all other fields. In his popular work “The Chamcha Age”, a well argued tirade against the pseudo Scheduled Caste leaders, Kanshi Ram Ji sharpened the claim for the legitimate acquisition of political power by the downtrodden in electoral democracy of India. He focused on the Poona Pact which was a decisive victory of Gandhi over Dr. Ambedkar after a long struggle between the two at the Round Table Conference.

In the mid 1960s, Kanshi Ram Ji started organizing government employees of Scheduled Castes community to fight against deeply entrenched caste system. It was around this time that he decided to dedicate his life to the cause of the emancipation of Depressed Classes. Finally he decided to carve out a crucial role of Depressed Classes in the politics of the country. He witnessed the failure of Ambedkarite Movement in Maharashtra.

After the death of Dr. Ambedkar, The Republican Party of India (R P I) as visualized by Dr. Ambedkar was formed on 3rd October, 1957. It had its roots in the Scheduled Castes Federation led by Dr. B. R. Ambedkar. But from 1958 the party began to split up under various leaders. The biggest set-back to the party was that, it became a party of Maharashtra and the Mahars (later converted to Buddhism after 1956) and the other sub-castes remained the supporters of Congress and others. The clash of personalities and personal political ambitions took the mission in a reverse direction rather taking it ahead.

Kanshi Ram Ji noticed the vitality of Dr. Ambedkar’s movement. He started working with Republican Party of India. After about eight years of active association with Republican Party of India, he became disillusioned with its functioning. His dream of Ambedkarite movement was shattered when Dadasaheb Gaikwad joined hands with Late Shri Mohan Dhariya of Congress for a Lok-Sabha reserved seat. He observed that supporters of RPI were celebrating the pact of RPI and Congress whereas RPI got just one seat and remaining seats were given to Congress. This event was the beginning of his dissociation from Republican Party.

Kanshi Ram Ji decided that he will develop a society which will work to spread the thoughts of Dr. Ambedkar and other social reformers and will never sell themselves for a small gain. He independently started organizing the employees of Scheduled Castes, Scheduled Tribes and Other Backward Classes mainly from Pune, Bombay, Nasik, Nagpur and Delhi. He traveled all over the India along with his few activists to know why the mission of Dr. Ambedkar was brought back rather than taking ahead. During these days he never bothered about his health, food and transport working tirelessly to awaken the educated employees. The organization of employees of Backward Class and Religious Minorities, after doing the necessary work within a period of five years, decided to float an organization in 1973. As a result of this, and as per the vision of Dr. Ambedkar, Kanshi Ramji started his first organization on 6th December 1978 in Delhi, called as BAMCEF.

In fact the BAMCEF (All India Backward (SC, ST, and OBC) and Minority Communities Employees’ Federation) was an association in the beginning and was launched in 1971 and it finally became a federation in 1973. In 1973 it was a purely non political, non religious & non agitating organization. The first operating office was opened in Delhi in 1976 with the motto to “Educate, Organize and Agitate”. This served as a base to spread the ideas of Ambedkar and his beliefs. Manyavar Kanshiram worked with dedicated colleagues like Shri D. K. Khaparde, Deena Bhan, Shri Ram Khobragade, Shri C.P.Thorat, Shri Namdevo Kamble and others to build the initiative. After five years of rigorous fieldwork all over India, a convention was held in Delhi in 1978 and the organization was officially launched as a “Federation” on 6th December 1978 on the death anniversary of Dr. B. R. Ambedkar, the Architect of Indian Constitution.

BAMCEF’s stated mission is to establish and fortify the non-political roots of the Mulnivasi Bahujan Samaj in order to change the Brahmanical Social System of inequality i.e. traditional Indian social system based on castes and varnas. The organization, which celebrated its silver jubilee in 2008, upholds an ethos that states that the victims of systemic inequality in India are, naturally, the only people who can uproot the existing social structure. Subsequently, he formed Buddhist Research Center (BRC), DS-4 and BSP.

Kanshi Ramji decided to take the mission of Dr Ambedkar ahead as he considered it as his responsibility. Then he started working among educated employees and awakening them to work for the emancipation of the downtrodden. In this process he was successful to a large extent in awakening, realizing and transforming the expectations of Dr. Ambedkar from educated classes. After the necessary ground work and positive response from some employees in Pune, Nagpur, Delhi and other places Kanshi Ram Ji decided to launch an organization. Thus, the idea of BAMCEF was conceived in 1973. After ceaseless field work throughout the country for nearly about five years the birth of BAMCEF took place on the lawns of Boat Club in New Delhi, on 6th December 1978. During this time, he conducted several cadre camps, meetings and seminars in different parts of the country to awaken the employees. The basic aim of BAMCEF was to develop genuine and capable leadership among the oppressed. It has been the organization aimed to build up the non-political roots for the success of Dr. Ambedkar’s political vision and action. The first concept given by Kanshi Ram Ji was “people who should succeed politically must have strong non-political roots”

Kanshi Ram Ji had realized that the people whose non-political roots were not strong were bound to fail politically. They can have their political party, but they cannot succeed politically. Therefore, in order to strengthen the non-political roots of backward class people, he began BAMCEF experiment and spent about a decade in organizing the educated employees of SC/ST/OBCs and Minorities, who were benefited by the policy of reservation. BAMCEF created a new missionary political conscience among the backward caste educated employees and also established a national network to further the movement.

Kanshi Ram Ji did not project himself a leader but worked silently as an organizer and hence did not mind to invite Ram Vilas Paswan Ji and the legendary Shri Karpoori Thakur Ji to address 3rd National Convention of BAMCEF which was held in Chandigarh between 14th -18th October 1983.

After investing about two decades of his youth Kanshi Ram Ji realized that merely organizing employees would not be enough to fulfill the dreams of Dr. Ambedkar unless they get power and become rulers. Therefore, he gave another concept, i.e. ‘Power will be the product of struggle’. He realized that employees cannot undertake a sustained struggle. So he established Dalit Shoshit Samaj Sangharsh Samiti (DS-4) on 6th December, 1981 as a parallel organization to the BAMCEF. It was created to fight against the attacks on the workers who were spreading awareness on the caste system. It was created to show that workers could stand united and that they too can fight. However this was not a registered party but an organization which was political in nature.

POLITICO-ECONOMIC ASPECTS
According to Kanshi Ram Ji, “It’s not that our people were not struggling, they were struggling but not for themselves. They were and are struggling for somebody else as stooges. Because we are passing through the Chamcha Age or the era of stooges, and as stooges we are struggling”.

Kanshi Ram Ji in his historical book, “The Chamcha Age”, (the Era of the Stooges) published on 24th September, 1982, on the occasion of 50th anniversary of the Poona–Pact, has vividly and exclusively dealt with the disadvantages of the Chamcha Age. He has classified the stooges in different categories i.e. (A) (1) Caste and Community-wise Chamchas like The Scheduled Castes or Reluctant Chamchas, (2) The Scheduled Tribes or Initiated Chamchas (3) The Other Backward Castes or the Aspiring Chamchas (4) The Minorities or Helpless Chamchas (B) Party–Wise Chamchas (C) Ignorant Chamchas (D) Enlightened Chamchas or Ambedkarite Chamchas (E) Chamchas of the Chamchas (F) Chamchas Abroad.

Kanshi Ram Ji was very clear in understanding the Poona Pact and therefore he had said that Babasaheb Ambedkar wanted to take the down trodden from Dark Age to Bright age. But Gandhi Ji intervened in this process of change. Hence we entered into a different age then onwards, which I have named as the age of Chamchas or the Chamcha Age or the Era of Stooges. His only book deals with the Chamcha Age phenomenon in detail.

In his scientific analysis of the Chamcha Age, he has focused on the fall of Ambedkarism from the first general election i.e. from 1951 till 1980. In 1971 due to alliance between R P I and Congress, his all hopes of Ambedkarite Movement dashed. Therefore, following the advice of Dr. Ambedkar i.e. ‘political power is the key to all social progress,’ he felt absolutely essential for the members of all oppressed and exploited communities to prepare themselves for agitation and political action.

From the day of launching D -S4, a wing of BAMCEF for agitation and awakening, till the formation of Bahujan Samaj Party, on 14th April, 1984, Kanshi Ram Ji conducted several experiments of social action across the country successfully. The programs created sufficient awareness in the Bahujan Samaj about their socio – political, economic and cultural status. Hence, D-S4 proved as a milestone in the preparation for the long battle of political action, social transformation and economic emancipation.

Ambedkar Mela
Kanshi Ram Ji continued building his network and making people aware of the realities of the caste system, how it functioned in India and the teachings of Ambedkar. Wherever he travelled he did the same and had many followers. In 1980 he created a road show named “Ambedkar Mela” which showed the life of Ambedkar and his views through pictures and narrations.

POLITICAL LEGACY OF MANYAVAR KANSHI RAM
He started his efforts of consolidating the Depressed Classes vote in 1981 and on April 14, 1984 he founded a full-fledged political party known as the Bahujan Samaj Party (Common Man’s Party). The BSP found success in Uttar Pradesh but struggled to bridge the divide between Scheduled Castes and the Other Backward Classes.

Social Reformer turning into a Political Reformer
In 1986, Manyavar declared his transition from a social worker to a politician by stating that he was not going to work for or with any other organization other than the Bahujan Samaj Party. During the meetings and seminars of the party, Shri Kanshi Ram stated to ruling classes that if they promised to do something, it would pay to keep the promise, or else just accept that they were not capable of fulfilling their promises.

In an interview posted by Shri Prem Kumar Chumber, in answer to a question that why he was hostile to all the national parties, especially the communists? Shri Kanshi Ram replied that to his my mind, all parties represent the forces of status quo. For us, politics is the politics of transformation. The existing parties are the reason for the status quo. That is why there has been no upward mobility for the backward communities. The communist parties have become the biggest stumbling block in this regard. They keep talking about change, but work for status quo. The BJP is better, they never talk about change. So people never feel duped. Parties like the Congress and Communists talk about abolishing poverty, but work towards keeping people poor. If the poor are not kept poor, these people cannot remain in their seats.

When the question was asked as to why on the occasion of the Centenary of Congress, Shri Arun Singh said your emergence was not healthy for the national ethos. Kanshi Ram Ji replied that he is the grandson of a Maharaja who never kept the interests of the nation in mind. Nationalism to him is feudalism. Nationalism to me is the masses of India. I believe in two nation theory i.e. those who oppress and those who are oppressed. What does the grandson of a Maharaja knows about nationalism? What can we expect from Arun Singh than such things?

Further when he was asked as to why his party cadre is so hostile to Mahatma Gandhi? Kanshi Ram Ji replied that Gandhi is at the root of everything. I want change. Dr. Ambedkar wanted change. But Gandhi was the custodian of the status quo. He wanted Shudras to remain Shudras. Gandhi worked to keep the nation divided .We are working to unite the nation and to erase all artificial divisions.

When asked why his movement took so much time to become a reality? Kanshi Ram explained that up to 1971, he was not so much interested. He was working with RPI. Then he found that he was marching towards a ship that others were deserting .It took a long time to prepare himself and others. He had to collect lot of information, so that he could know how to prepare society and build a cadre. Preparing society took a long time.

When asked that how can he abolish caste by floating a party based on caste? Kanshi Ram explained that BSP is not a party upholding caste. If it is uniting six thousand castes, how can it be called a party upholding caste? The upper castes say why not include us. I say you are leading all the parties. If you join our party, you will block change here also .The upper castes can join the party, but they cannot be its leaders. Leadership will remain in the hands of the backward community. My fear is that these upper caste people will come into our party and block the process of change. When this fear goes, they can join our party.

He also explained that he represents the constituency of Babu Jagjivan Ram and Chaudhary Charan Singh and may be to some extent, Sayed Shahabuddin. Kanshi Ram asked the Depressed Classes in a special speech delivered by him in 1st World Dalit Convention in Kuala Lumpur, Malaysia which was held between 10th & 11th October, 1998 that instead of being ruled let us be the rulers.

He unsuccessfully contested from East Delhi (Lok Sabha Constituency) in 1991 and came at fourth position. As a politician, gradually he became popular among his people, who found a new hope and vision in his efforts and sincerity. Gradually he became a prominent figure and a force to be reckoned in politics. He was a successful strategist and a meticulous organizer. He used quite often a combative and aggressive strategy with offensives on other political parties which he claimed only represented the interests of higher caste Hindus. He was different from other politicians of the mainstream. He used to communicate and interact with people before he spoke. In 1996 Kanshi Ram Ji was elected to the Lok Sabha from the Hoshiarpur constituency. The significance of this territorial area was that from there fifty years ago Baba Mangu Ram Ji (1886- 1980), a noteworthy freedom fighter associated with Ghadar Party & founder of Ad Dharm Movement in Punjab , dedicated to attaining equality for untouchables, was elected to the Punjab Assembly in 1946 . Ad-Dharm Movement was very successful in this region and this also got reflected in the mandate. He was from Scheduled Castes community and had pioneered the Scheduled Castes Movement in colonial Punjab. Hoshiarpur was a strong hold of “Ad Dharm”.

Bahujan Samaj Party (BSP) celebrated the 75th year of the “Ad Dharm Movement” on 18th February, 2001. On this occasion Kanshi Ram Ji asked the Bahujan Samaj to follow the principles of the “Ad Dharm Movement”. Kanshi Ram Ji believed that an unstable government at center is beneficial for Bahujan Samaj as maximum advantages can be derived in this situation for deprived sections. Therefore he used say frequently,” I want a Majboor (weak) government at centre and not Majboot (strong) till we reach to the political power in the Centre”. Kanshi Ram Ji articulated the Bahujan ideology from Buddha to Ambedkar. Kanshi Ram Ji always acknowledged the contribution of Mahars now Buddhists by and large for supporting Dr. Ambedkar in his war against Manuvadi system. Kanshi Ram Ji consistently led his movement for almost four decades from 1965 to 2003 till his illness. In 2001 he publicly announced Mayawati Ji as his successor. Mayavati Ji considers Manyavar Kanshi Ram as her Mentor. She has served Uttar Pradesh as the Chief Minister four times. She took up the unfulfilled dream of Manyawar Kanshi Ram Ji and has proved to be the worthy successor of Kanshi Ram Ji’s socio-political struggle when she became the Chief Minister of Uttar Pradesh for the fourth time with an absolute majority in May 2007.

ANNOUNCEMENT FOR CONVERSION TO BUDDHISM
In 2002, Kanshi Ram ji announced his intent to convert to Buddhism on 14th October 2006, the fiftieth anniversary of Dr. Ambedkar’s conversion to Buddhism. He intended that about 20,000,000 of his supporters will also convert at the same time. Significance of this plan was that the followers of Kanshi Ram Ji included not only untouchables but also persons from a variety of castes, who could significantly broaden Buddhism’s support. But, he died on 9th October 2006. Mayawati Ji his successor said “Manyavar Kanshi Ram and I had decided that we will convert and adopt Buddhism when we will get “absolute majority” at the Centre. We wanted to do this because we can make a difference to the religion by taking along with us millions of people. If we convert without power then only we two will be converting. But when you have power you can really create a stir”.

MANYAVAR KANSHI RAM’S NIRVAN
The health of Manyavar was gradually deteriorating. He was already a diabetic and had suffered a heart attack in 1994 followed by the formation of a clot in a brain artery in 1995. He suffered a brain stroke in 2003. From 2004 onwards, Kanshi Ram stopped appearing publicly as he was suffering from various health problems. He convalesced at the home of Ms Mayawati Ji. On 9th October 2006, he died of a severe heart attack in New Delhi. Kanshi Ram ji was virtually bed-ridden for more than two years. According to his wish, last ritual was performed as per Buddhist tradition, the pyre of Manyavar Kanshi Ram was lit by his sole heir Mayawati. His ashes were placed in an Urn and kept at Prerna Sthal, with huge procession accompanied by lacs of supports.

The body of Kanshi Ram was consigned to flames with Buddhist rituals. The last rites were performed in the presence of his two brothers and sister. BSP President Mayawati personally supervised the last journey of her mentor. Earlier, the body was brought to the party office around 01 P.M. and kept there for an hour for people to pay homage. Several national and state leaders, including the then Chief Minister of Delhi Mrs. Sheila Dikshit, paid their tributes at the BSP office. Then the body, wrapped in the tricolor, was taken to the Nigam Bodh Ghat in a glass casket mounted on a flower-decked vehicle. The cremation took place around 04 P.M. During the funeral procession, party workers and followers raised slogans hailing Kanshi Ram as “the leader of the Depressed Classes.” A group of Buddhist monks accompanied the procession.

Vice-President of India Shri Bhairon Singh Shekhawat, Congress President Mrs.Sonia Gandhi and Vice President and Mr.Rahul Gandhi, the former Prime Minister I.K. Gujral, and Bharatiya Janata Party leader Sushma Swaraj were present at the funeral. Sonia Gandhi
As per Kanshi Ram’s wishes, his mortal remains were not immersed in any river but kept in the BSP offices in Delhi and Lucknow.

MAYAWATI AND THE SECOND SOCIO-CULTURAL REVOLUTION IN UTTAR PRADESH
According to Learned Prof. Ronki Ram, with the swearing in of Ms. Mayawati, the BSP Chief, as Chief Minister of Uttar Pradesh for the fourth time on 13th May, 2007 the second socio-cultural revolution has begun in the history of Uttar Pradesh. During the medieval Bhakti movement Guru Ravi Dass, an untouchable poet-saint of very high repute had convinced the Brahmins that it was not caste but ones deeds which are important. Brahmins and Rajput Kings prostrated before him and Ranis and Maharanis of the then rulers and the rulers themselves became his followers. It seems that history was repeating itself when Brahmins and Thakurs among others were touching the feet of BSP Chief Mayawati during the swearing-in ceremony of the new cabinet in Lucknow. Once again Mayawati has proved that hollow prestige based on birth when put to trial in the democratic court of social justice it failed to stand any more. The new form of combined rule of ‘Sarvajan’ under the leadership of the Depressed Classes is certainly an advancement not only over the tight rope walk of the coalition government system that India has been experiencing for the last many years, but also a new beginning of the coming of the marginalized into the center stage of power politics.

Prof. Ronki Ram further analyzes that Mayawati’s Dalit-Brahmin thesis and her emphasis on “Sarv Samaj” coupled with the social engineering formula would facilitate in laying down parameters for the mitigation of the gap between what Baba Sahib Dr. Ambedkar said, “political equality and social and economic inequality” in India. This new system of ‘Sarvjan combined rule’ would certainly help in deepening of the roots of democracy in India and inculcating positive feelings among the downtrodden that they too matter in this land where they were for centuries kept socially excluded, politically marginalized and economically deprived. Now they feel encouraged to come forward not to plead or ask for favors because they were neglected but because they are able to provide leadership to safely steer the ship to its destination. Mayawati Ji is right when she said that behind her great victory is the philosophy of Phule, Naryana Guru, Periyar, Dr. B. R. Ambedkar, and Manyavar Kanshi Ram. In fact, it is she who tried to put this philosophy into action and translated it into reality. Whether the Savarnas were falling at the feet of Mayawati Ji out of gratitude or of political expediency is not the point. The real point is that by putting the Brahmins and Thakurs in line and commanding respect, Mayawati Ji has been able to evaporate the Lakshman Rekha of Varnashram Dharma. She has set the ball of self respect and dignity of the so called Avarnas rolling. She brought the Savarnas and Avarnas on a single platform, of course, led by her. What is even more important is that she achieved all this through democratic way and people of all castes stood by her in her battle against social repression. In fact, this is not in any case less than a social revolution. This revolution needs to be replicated in other parts of the country too, if India really wants to shine as a world power in near future. If India wants to march ahead, social exclusion has to end first. Untouchability is not a problem of the Shudras only, it is the number one problem of the entire Indian society. It needs to be tackled immediately. Dr. B.R. Ambedkar sounded a grave warning on 25th November, 1949 in the Constituent Assembly on the completion of the Draft Constitution, “On 26th January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality… We must remove this contradiction at the earliest possible moment or else those who suffer inequality will blow up the structure of political democracy which this Assembly has so laboriously built up”. The struggle has to continue.

A WORTHY CASE FOR BHARAT RATNA
The credit of taking social justice to the door steps of the poorest of the poor through peaceful means goes to Manyavar Kanshi Ram Ji in post Constitutional Era. This has made economic justice also to travel in the same direction. Further, this type of socio-economic contribution to the national life has made political justice also a reality. This unparalleled contribution and a unique approach to inclusiveness by bringing all the Depressed Classes together as Bahujan Samaj makes him worthy of ‘Bharat Ratna’ the highest civilian award of India to be awarded to him.

CONCLUSIONS AND SUGGESTIONS
In the light of analysis of the facts and interpretations presented above it is vividly clear that the efforts of Manyavar Kanshi Ram Ji took the struggle of the emancipation of the Depressed Classes to the logical conclusion and he represents himself as one of the leading lights of the movement of the Depressed Classes in post independence era. His clear vision and practical approach has made the Depressed Classes as major stake holders in the political governance of the country. He ensured that the Depressed Classes reach the helm of political power through democratic means and methods. He was one of the few noteworthy leaders of independent India who expanded the frontiers of the politics of Depressed Classes. His political vision was not confined to Scheduled Castes only. The political organizations he founded were meant for all the downtrodden like SC, ST, OBC and the Minorities. It would be justified to say that he took the lead in making Indian democracy practically open to the Depressed Classes. The energy liberated by his movement and efforts will become the real synergy in the national development. Indian democracy is becoming inclusive in the real sense. He was a great socio-political leader who could launch and control his socio-political movement successfully from beginning to end, which is very difficult and a great quality and requirement of a leader of masses. His legacy will keep on inspiring the nation in times to come.

GRATEFUL ACKNOWLEDGEMENT
In the preparation of this research paper I have consulted many sources. Most of them have been acknowledged in the paper. But to study, understand and write on a leader like Manyavar Kanshi Ram Ji is a stupendous task. In this process I am indebted to a large number of sources of information which a person gathers during the journey of his life. I express my gratefulness to unquoted sources also.

Disclaimer: : This Article Has been Published in Legal Desire International Journal on Law, ISSN 2347-3525 on Page no 3 and Issue no.8th

About Author:

Prof. (Dr.) Alok Misra, Dean School of Legal Studies, Apeejay Stya University

Prof. Alok Misra is Dean of the School of Legal Studies, Apeejay Stya University and is Professor of Constitutional Law from India. He has teaching, research, administrative and practicing experience of more than three decades. He was the Founder and Chairman of Human Rights Organization and an Associate Member (Indian Section) of Amnesty International (London). Prof. Misra is a Life Member (Non-Practicing) of the Supreme Court Bar Association, Indian Society of International Law and the Indian Law Institute, New Delhi. He has been a Member of International Council of Jurists, London. He is a Consultant in the field of Constitutional Law. He is a Fellow of The Institute of Constitutional and Parliamentary Studies, New Delhi.

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