FOCUS
AMBEDKAR ABDUL KALAM & POLITICAL JOKERS
14th April has come and gone. If alive, Dr Babasaheb Ambedkar would be 127 years old. Top leaders of all political parties spoke how they are the real representatives of what Dr. BR Ambedkar stood for. It should be remembered that Dalits-representing ST/SC section of our society constitute some 17% of our population. Clearly it’s a huge number with equally huge political implication. Thus, for every political party, it is important to portray other parties as those who failed to pursue Ambedkar philosophy for the upliftment of this section and that they themselves have done better to protect Dalit interest. This is not something which has come from nowhere. It is something articulatively cultivated to mislead people. It is nobody’s case that all political parties have failed Dalits. It is an accepted truth that all political parties have done what they could for the emancipation of this disadvantaged section. Of course some of them have done better and some have done somewhat less. Thus there are Dalit Members of Parliament & MLAs in all political parties. Hence, Dalits are a political force.
However, it is heartening to note that there have been many success stories in economic mobility. “Defeat caste with capital” is a famous quip from Dalit Entrepreneur Milind Kamble. A decade ago he had founded Dalit India Chamber of Commerce & Industry in Pune along with Dalit Scholar Chandra Bhan Prasad, who too recently launched his own line of Dalit food and clothes. It is interesting to note that Milind Kamble, a son of a village school teacher of limited means, became a civil engineer and launched his construction outfit, after working for 5 years with a contractor. He is realiably successful and had decided that he or his family will never take advantage of reservation and other privileges available for Dalits. Employing mostly Dalits, Kamble coined the slogan for DICCI “Be job givers not job seekers”. Clearly Milind Kamble is ahead of his clan and has heard in earnest APJ Abdul Kalam’s illuminating message to the youth of his native land, “I will not be presumptuous enough to say that my life can be a role model for anybody, but some poor child living in an obscure place, in an under privileged social setting may find a little solace in the way my destiny has been shaped. It could perhaps help such children liberate themselves from the bondage of their illusory backwardness and helplessness.”
A Mumbai based journalist writes “Kamble’s contention that economic equality cannot wait on social equality is irrefutable. A successful business, however small, will boost the individuals sense of self worth and instill confidence, serving as a role model for the rest of the community”.
Giving an interview Kamble had observed that next generation Dalits were no longer willing to remain at the mercy of political system. According to him around 15% of the SME are Dalit owned and at least a hundred members of DICCI have turnover of Rs.100 crore or more. Then there is the redoubtable Kalpana Saroj, the rags to riches story of a child bride and a school dropout. While it is true that reservation of these past seven decades have failed to really help the mass of Dalits, there are certainly many stories of individual initiatives, without resorting to government handouts, which have bloomed.
However in the backdrop of what happened on 2nd April in Madhya Pradesh, Uttar Pradesh and Rajasthan, where some 9 have died in the violence that followed post Bandh call by organizations affiliated to Dalit cause, the celebration to observe the 127 years of Babasaheb Ambedkar’s birth, was largely subdued.
The Bandh called by various Dalit organizations, confined mostly to North India, was against the Supreme Court order allegedly diluting the provisions of SC &ST (Prevention of Atrocities) Act, was the most violent in recent times. Whatever reasons one may have to feel agitated, right or wrong, violence leading to loss of life and destruction of properties is an absolute ‘NO’. This approach will only increase the chasm and widen the distance for meeting of minds on any issue of concern.
The so-called sensitive bone of contention for a section of Dalits and their political leaders and other political sympathizers, is the safeguards that Supreme Court wanted to introduce against the abuse of anti-atrocity law. It is widely known and recognized that there was widespread abuse of SC & ST (PoA) Act, to harass innocent people. Hence, when a PIL intervention was sought, apex court very sensibly prescribed some safeguards, which unfortunately our Dalit brethren have misunderstood as a dilution of the act. The three guide lines are, 1. Anticipatory bail in cases where there is no prima facie case, 2. Where, on judicial scrutiny the complaint is found to be prima facie mala fide, arrest of a public servant can only be after approval of the appointing authority and of non-public servant after approval by the Sr. Suptt. of Police and a preliminary inquiry may be conducted by the DSP concerned to find out whether the allegation make out a case under the Act and that the charges are not frivolous or motivated.
Of course, here, all need to appreciate that Dalits have been victims of terrible discrimination in the caste-ridden Hindu Society. None can deny that this discrimination dating back to unwritten history should end. We are also privy to the knowledge that Dalits have been victims of physical attacks on their men, women and children at the hands of upper caste Hindus. They have suffered denials of legitimate social needs like drinking water, right of way, entry to temple, wear decent clothing, have decent dwelling etc. The list is fairly long, of their unspoken silent sufferings. Atrocities against and exploitation of Dalits show no sign of ending despite 70 years of reservation. While symbolic gestures and expression of empathy cannot be a substitute for the rule of law, the caste violence must be ruthlessly addressed.
Hence, it was in 1989, the then government of Rajiv Gandhi, enacted the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. Surely, it was well intentioned and gave enough teeth to make it workable. However this anti-atrocity law was widely misused under Mayavathi government in UP is undeniable, informs a media report. There were also many reports, where higher officers were falsely implicated, leading to their summery arrests in different parts of the country. This has happened for all the years of post enactment of SC/ST (PoA) Act. It is also true that the fear of summery arrest did bring about some check on those cruel and unreasonable elements among caste Hindus, who would have gone on unchecked with their anti-social design on these helpless victims of time and circumstances. However, post enactment, conviction rate has not gone up to any discernible extent. Here it is important and relevant to mention the experience of Bhaskar Gaikwad, a store keeper in a Pharmacy College at Karad. He alleges that he was asked by his seniors to forge some documents. On his refusal to forge those documents upper caste people of the college wrote negative remarks in his confidential report. According to him in September 2009, he lodged a complaint with Subhash Mahajan, Joint Director of Technical Education (JDTE) Maharashtra. JDTE was not helpful, and hence Gaikwad complained against the Joint Director himself. Mahajan approached court seeking the cancelation of FIR but got no reprive. So JDTE Mahajan went to Supreme Court which favoured Mahajan by stating that government servants cannot be arrested without sanction.
So the issue had two sides, one positive and one negative. While the positive had its good effect, its misuse, probably as a reaction of a section of the Dalit community to pay back for the past suffering and humiliation due to the upper caste cruelties, has compelled the Supreme Court to revisit the provisions of this 1989 Act. On 20th March, the Supreme Court banned automatic arrests and registration of criminal cases under the SC/ST (PoA) Act and barred arrests without an inquiry. It was a well intentioned intervention by the apex court, probably requiring some fine tuning to still keep the teeth of the act intact.
Yet, what happened on 2nd April, was completely out of proportion, irresponsible and diabolic. Clearly it appeared not as an impromptu reaction but planned to create lawlessness and mayhem. Six died in Madhya Pradesh, two in UP and in Rajasthan one died in the arson, violence looting and destruction of private and public property that followed the Bandh call.
But, who organized Dalit violence against a judgement of the highest court of the land? Does it not undermine the majesty of law? Was it planned? Just 12 days before the birth anniversary of Dr. Babasaheb Ambedkar, one of the most decorated Indian and India’s greatest Dalit Icon, how could his followers so thoughtlessly indulge in unbridled violence for a cause which could have been addressed without mayhem. This couldn’t have been the way to celebrate the sacred memory of Dr. Babasaheb Ambedkar. The best way to celebrate his birthday should have been by cultivating and practicing what he preached. In one of his celebrated speech in Bombay on 28/10/1954, on completion of his 60years, he called upon his followers to worship three Gods whom he called Jnaana Devatha, Aatma Gaurav Devatha and Sheela devatha. The first is God of knowledge, 2nd God of Self Respect and 3rd God of Morality.
While it is true that Central government has termed the latest apex court order as ‘Judicial overreach’, several state governments too have approached the court for a review. Congress, the main opposition party demanded ‘centre must bring ordinance to strengthen SC/ST law’, while dubbing the court verdict as not diluting the atrocities law but putting a death knell into it. However the fact of the matter is, prima facie, the stand taken by the highest court of the land is certainly well meant and proper. Dr. Ambedkar himself would never have endorsed the demand of his followers and of course those of political class. All of them, whether Congress or others including the ruling NDA combine are patently opportunistic in demanding the reversal of apex court order. For these political parties Dalits are only a vote bank. Having said this, there may be scope for review by the custodian of judicial pronouncements to fine tune to marry both the teeth of the act and the vision of the court.
Giving his own example Dr. Ambedkar had told his followers that he gained knowledge by reading some 25000 books that he bought. He worshipped God of morality by his personal example of not committing any theft, begging or doing immoral thing. He worshipped God of Self respect by his struggle to live without, begging, stealing, craving, cringing for any favour from anybody. While speaking in Mumbai, on his 60th birthday, he made fervent appeal to his followers to follow his example to lead a respectable and highly moral life. He called upon his people to have Self Respect without which ‘one stoops to beggary and slavery’ he had reiterated.
Unfortunately there is no leader, who can truly lead Dalits in their search for socio/economic and political emancipation.
What is truly required for Dalits is socio/economic empowerment. Reservation of 70 years has not made any huge difference. Some families who took the benefit continued to milk the system without any concern for those who could not make use of government handouts. Thus, who did better continued to improve with those left out remaining out of development picture. No political party has truly tried to address this lacunae. While Dalit leaders like Mayavathi or Athawale have only helped themselves to go up the socio/economic and political ladder, there is a latest entrant in Jignesh Mevani. The Una incident in Gujarat catapulted Mevani as a leader by his own right, he appears to be an unreasonable angry man. His intention to address the cause of Dalit progress may be indisputable. But, he needs to mellow down to make a lasting difference to the Dalit cause. He is anti Modi and anti BJP. This attitude must change. If he is a visionary leader of Dalits, he should be anti nobody. He must solicit support from all. His statement, while giving an interview to the print media, “We will throw the BJP into the dustbin of history. We will not leave Modi alone, even if he goes to Mars” smacks of immaturity of a political upstart. Surely, it will not win friends and influence people. According to him Supreme Court must reverse its 20th March order and that people of India must support it. In a system, where the highest judiciary is the ultimate arbiter of justice, this attitude is dangerous. They must represent to the court their fears, government and all political parties must take responsible and responsive call on this intervention by the apex court. Surely some solution would emerge.
On its part, responding to bunch of review petitions both from centre and some states, Supreme Court has defended its 20th March ruling. Justifying its stand that the banning of summery arrest of a person accused of insulting or injuring an SC/ST Tribe member, is only to protect an innocent person and not an affront to rights of Dalits. The court did not buy the arguments of Governments Counsel, asking instead “Does the act mandate the arrest of innocent persons?
Thus under the circumstances, to soothe the tempers of a section of Indian society, some modality can be worked out to protect all stake holders. There is need to be open minded for all political parties and Dalit leaders to address the core concern of the highest court of the land. Hope it may not be as difficult as it is perceived to be.
J. Shriyan
14th April has come and gone. If alive, Dr Babasaheb Ambedkar would be 127 years old. Top leaders of all political parties spoke how they are the real representatives of what Dr. BR Ambedkar stood for. It should be remembered that Dalits-representing ST/SC section of our society constitute some 17% of our population. Clearly it’s a huge number with equally huge political implication. Thus, for every political party, it is important to portray other parties as those who failed to pursue Ambedkar philosophy for the upliftment of this section and that they themselves have done better to protect Dalit interest. This is not something which has come from nowhere. It is something articulatively cultivated to mislead people. It is nobody’s case that all political parties have failed Dalits. It is an accepted truth that all political parties have done what they could for the emancipation of this disadvantaged section. Of course some of them have done better and some have done somewhat less. Thus there are Dalit Members of Parliament & MLAs in all political parties. Hence, Dalits are a political force.
However, it is heartening to note that there have been many success stories in economic mobility. “Defeat caste with capital” is a famous quip from Dalit Entrepreneur Milind Kamble. A decade ago he had founded Dalit India Chamber of Commerce & Industry in Pune along with Dalit Scholar Chandra Bhan Prasad, who too recently launched his own line of Dalit food and clothes. It is interesting to note that Milind Kamble, a son of a village school teacher of limited means, became a civil engineer and launched his construction outfit, after working for 5 years with a contractor. He is realiably successful and had decided that he or his family will never take advantage of reservation and other privileges available for Dalits. Employing mostly Dalits, Kamble coined the slogan for DICCI “Be job givers not job seekers”. Clearly Milind Kamble is ahead of his clan and has heard in earnest APJ Abdul Kalam’s illuminating message to the youth of his native land, “I will not be presumptuous enough to say that my life can be a role model for anybody, but some poor child living in an obscure place, in an under privileged social setting may find a little solace in the way my destiny has been shaped. It could perhaps help such children liberate themselves from the bondage of their illusory backwardness and helplessness.”
A Mumbai based journalist writes “Kamble’s contention that economic equality cannot wait on social equality is irrefutable. A successful business, however small, will boost the individuals sense of self worth and instill confidence, serving as a role model for the rest of the community”.
Giving an interview Kamble had observed that next generation Dalits were no longer willing to remain at the mercy of political system. According to him around 15% of the SME are Dalit owned and at least a hundred members of DICCI have turnover of Rs.100 crore or more. Then there is the redoubtable Kalpana Saroj, the rags to riches story of a child bride and a school dropout. While it is true that reservation of these past seven decades have failed to really help the mass of Dalits, there are certainly many stories of individual initiatives, without resorting to government handouts, which have bloomed.
However in the backdrop of what happened on 2nd April in Madhya Pradesh, Uttar Pradesh and Rajasthan, where some 9 have died in the violence that followed post Bandh call by organizations affiliated to Dalit cause, the celebration to observe the 127 years of Babasaheb Ambedkar’s birth, was largely subdued.
The Bandh called by various Dalit organizations, confined mostly to North India, was against the Supreme Court order allegedly diluting the provisions of SC &ST (Prevention of Atrocities) Act, was the most violent in recent times. Whatever reasons one may have to feel agitated, right or wrong, violence leading to loss of life and destruction of properties is an absolute ‘NO’. This approach will only increase the chasm and widen the distance for meeting of minds on any issue of concern.
The so-called sensitive bone of contention for a section of Dalits and their political leaders and other political sympathizers, is the safeguards that Supreme Court wanted to introduce against the abuse of anti-atrocity law. It is widely known and recognized that there was widespread abuse of SC & ST (PoA) Act, to harass innocent people. Hence, when a PIL intervention was sought, apex court very sensibly prescribed some safeguards, which unfortunately our Dalit brethren have misunderstood as a dilution of the act. The three guide lines are, 1. Anticipatory bail in cases where there is no prima facie case, 2. Where, on judicial scrutiny the complaint is found to be prima facie mala fide, arrest of a public servant can only be after approval of the appointing authority and of non-public servant after approval by the Sr. Suptt. of Police and a preliminary inquiry may be conducted by the DSP concerned to find out whether the allegation make out a case under the Act and that the charges are not frivolous or motivated.
Of course, here, all need to appreciate that Dalits have been victims of terrible discrimination in the caste-ridden Hindu Society. None can deny that this discrimination dating back to unwritten history should end. We are also privy to the knowledge that Dalits have been victims of physical attacks on their men, women and children at the hands of upper caste Hindus. They have suffered denials of legitimate social needs like drinking water, right of way, entry to temple, wear decent clothing, have decent dwelling etc. The list is fairly long, of their unspoken silent sufferings. Atrocities against and exploitation of Dalits show no sign of ending despite 70 years of reservation. While symbolic gestures and expression of empathy cannot be a substitute for the rule of law, the caste violence must be ruthlessly addressed.
Hence, it was in 1989, the then government of Rajiv Gandhi, enacted the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. Surely, it was well intentioned and gave enough teeth to make it workable. However this anti-atrocity law was widely misused under Mayavathi government in UP is undeniable, informs a media report. There were also many reports, where higher officers were falsely implicated, leading to their summery arrests in different parts of the country. This has happened for all the years of post enactment of SC/ST (PoA) Act. It is also true that the fear of summery arrest did bring about some check on those cruel and unreasonable elements among caste Hindus, who would have gone on unchecked with their anti-social design on these helpless victims of time and circumstances. However, post enactment, conviction rate has not gone up to any discernible extent. Here it is important and relevant to mention the experience of Bhaskar Gaikwad, a store keeper in a Pharmacy College at Karad. He alleges that he was asked by his seniors to forge some documents. On his refusal to forge those documents upper caste people of the college wrote negative remarks in his confidential report. According to him in September 2009, he lodged a complaint with Subhash Mahajan, Joint Director of Technical Education (JDTE) Maharashtra. JDTE was not helpful, and hence Gaikwad complained against the Joint Director himself. Mahajan approached court seeking the cancelation of FIR but got no reprive. So JDTE Mahajan went to Supreme Court which favoured Mahajan by stating that government servants cannot be arrested without sanction.
So the issue had two sides, one positive and one negative. While the positive had its good effect, its misuse, probably as a reaction of a section of the Dalit community to pay back for the past suffering and humiliation due to the upper caste cruelties, has compelled the Supreme Court to revisit the provisions of this 1989 Act. On 20th March, the Supreme Court banned automatic arrests and registration of criminal cases under the SC/ST (PoA) Act and barred arrests without an inquiry. It was a well intentioned intervention by the apex court, probably requiring some fine tuning to still keep the teeth of the act intact.
Yet, what happened on 2nd April, was completely out of proportion, irresponsible and diabolic. Clearly it appeared not as an impromptu reaction but planned to create lawlessness and mayhem. Six died in Madhya Pradesh, two in UP and in Rajasthan one died in the arson, violence looting and destruction of private and public property that followed the Bandh call.
But, who organized Dalit violence against a judgement of the highest court of the land? Does it not undermine the majesty of law? Was it planned? Just 12 days before the birth anniversary of Dr. Babasaheb Ambedkar, one of the most decorated Indian and India’s greatest Dalit Icon, how could his followers so thoughtlessly indulge in unbridled violence for a cause which could have been addressed without mayhem. This couldn’t have been the way to celebrate the sacred memory of Dr. Babasaheb Ambedkar. The best way to celebrate his birthday should have been by cultivating and practicing what he preached. In one of his celebrated speech in Bombay on 28/10/1954, on completion of his 60years, he called upon his followers to worship three Gods whom he called Jnaana Devatha, Aatma Gaurav Devatha and Sheela devatha. The first is God of knowledge, 2nd God of Self Respect and 3rd God of Morality.
While it is true that Central government has termed the latest apex court order as ‘Judicial overreach’, several state governments too have approached the court for a review. Congress, the main opposition party demanded ‘centre must bring ordinance to strengthen SC/ST law’, while dubbing the court verdict as not diluting the atrocities law but putting a death knell into it. However the fact of the matter is, prima facie, the stand taken by the highest court of the land is certainly well meant and proper. Dr. Ambedkar himself would never have endorsed the demand of his followers and of course those of political class. All of them, whether Congress or others including the ruling NDA combine are patently opportunistic in demanding the reversal of apex court order. For these political parties Dalits are only a vote bank. Having said this, there may be scope for review by the custodian of judicial pronouncements to fine tune to marry both the teeth of the act and the vision of the court.
Giving his own example Dr. Ambedkar had told his followers that he gained knowledge by reading some 25000 books that he bought. He worshipped God of morality by his personal example of not committing any theft, begging or doing immoral thing. He worshipped God of Self respect by his struggle to live without, begging, stealing, craving, cringing for any favour from anybody. While speaking in Mumbai, on his 60th birthday, he made fervent appeal to his followers to follow his example to lead a respectable and highly moral life. He called upon his people to have Self Respect without which ‘one stoops to beggary and slavery’ he had reiterated.
Unfortunately there is no leader, who can truly lead Dalits in their search for socio/economic and political emancipation.
What is truly required for Dalits is socio/economic empowerment. Reservation of 70 years has not made any huge difference. Some families who took the benefit continued to milk the system without any concern for those who could not make use of government handouts. Thus, who did better continued to improve with those left out remaining out of development picture. No political party has truly tried to address this lacunae. While Dalit leaders like Mayavathi or Athawale have only helped themselves to go up the socio/economic and political ladder, there is a latest entrant in Jignesh Mevani. The Una incident in Gujarat catapulted Mevani as a leader by his own right, he appears to be an unreasonable angry man. His intention to address the cause of Dalit progress may be indisputable. But, he needs to mellow down to make a lasting difference to the Dalit cause. He is anti Modi and anti BJP. This attitude must change. If he is a visionary leader of Dalits, he should be anti nobody. He must solicit support from all. His statement, while giving an interview to the print media, “We will throw the BJP into the dustbin of history. We will not leave Modi alone, even if he goes to Mars” smacks of immaturity of a political upstart. Surely, it will not win friends and influence people. According to him Supreme Court must reverse its 20th March order and that people of India must support it. In a system, where the highest judiciary is the ultimate arbiter of justice, this attitude is dangerous. They must represent to the court their fears, government and all political parties must take responsible and responsive call on this intervention by the apex court. Surely some solution would emerge.
On its part, responding to bunch of review petitions both from centre and some states, Supreme Court has defended its 20th March ruling. Justifying its stand that the banning of summery arrest of a person accused of insulting or injuring an SC/ST Tribe member, is only to protect an innocent person and not an affront to rights of Dalits. The court did not buy the arguments of Governments Counsel, asking instead “Does the act mandate the arrest of innocent persons?
Thus under the circumstances, to soothe the tempers of a section of Indian society, some modality can be worked out to protect all stake holders. There is need to be open minded for all political parties and Dalit leaders to address the core concern of the highest court of the land. Hope it may not be as difficult as it is perceived to be.
J. Shriyan
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