Nyaya by Ambedkar

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NYAYA: AMBEDKAR

Unit 5
Dr. B.R Ambedkar
Birth and Early Life: Born on April 14, 1891, in Mhow, Madhya Pradesh,
India, B.R. Ambedkar belonged to the Mahar caste, considered untouchable at
the time.

Education: Despite facing caste-based discrimination, he excelled in


academics. He pursued higher education in the United States and the United
Kingdom, earning multiple degrees, including a doctorate from the London
School of Economics.

Contribution to Constitution: Ambedkar played a pivotal role in drafting


the Indian Constitution. He was appointed as the chairman of the Drafting
Committee and is often referred to as the "Architect of the Indian
Constitution.”
Social Reformer: Dr. Ambedkar was a prominent social reformer,
advocating for the rights and upliftment of the Dalits (formerly
untouchables). He fought against caste discrimination and
untouchability.
Conversion to Buddhism: In 1956, Ambedkar embraced
Buddhism, along with a large number of his followers, as a protest
against the caste-based discrimination prevalent in Hinduism.
Political Career: He was an influential political figure, serving as
India's first Law Minister and the principal architect of the country's
legal framework. He also represented India in the inaugural session of
the United Nations General Assembly.
IMPORTANT EVENTS IN AMBEDKAR’S CAREER AS
POLITICIAN AND ACTIVIST
•He made representation before Southborough committee in January 1919 demanding
separate electorate for depressed classes as conceded to Muslims.
• Started fortnightly called Mooknayak on 31 January, 1920.
• Collaborated with Shahu Maharaj of Kolhapur in forming Depressed Classes Forum
in 1920.
• In 1924 Ambedkar formed the Bahiskrit Hitkarni Sabha.
• In 1927 he led the Mahad Satyagraha for the right of the Untouchables to have access
to wells and tanks.
• On 25 December 1927, he publicly burns Manusmriti as symbolic protest.
• In April 1927 he began journal called Bahiskrit Bharat.
Formed Samaj Samata Sangh in September 1927 and Samata Sainik Dal in December
1927 for aggressively pursuing the agenda of social equality.

• Played a prominent part in Kalaram Temple movement in 1930, Nasik for entry of
depressed classes in it.

• ON 29 August Ambedkar was appointed the Chairman of Drafting Committee for the
Constitution.

• Became the President of All India Depressed Classes Congress in Nagpur in 1930.

• Started a fortnightly called Janata, in 1934, later published as Prabuddh Bharat from
1956.

• Poona Pact 1932.

• Anti-Untouchability League formed by Congress, later named as Harijan Sevak Sangh,


he accepted membership of executive council. He differed and opposed Gandhi’s
understanding and strategy for removing untouchability and resigned from it in 1933.
•On 13 October 1935 in the Depressed classes meeting at Nashik, for the first
time he suggested that people belonging to depressed classes should leave
Hinduism as he was convinced that Hinduism could not be reformed.

• On 15 August 1936 he founded the Independent Labour Party (ILP).

• In 1942 he found Scheduled Caste Federation (SCF). He began to project it


as third party other than Hindus and Muslims in the constitutional
developments sought in India.

• Became to Law Minister in Nehru’s Cabinet.

• Resigned from Nehru Cabinet in 1951 due to differences over Hindu Code
Bill.

• 1956, 14 October, he converted to Buddhism.


IMPORTANT WORKS
The Buddha and His Dhamma (1956)
• Who were the Shudras (1946)
• What the Congress and Gandhi have done to the Untouchables (1945)
• Mr. Gandhi and the Emancipation of the Untouchables (1942)
• Pakistan or the Partition of India (1940)
• Annihilation of Caste (1936)
• The Problem of the Rupee, its Origin and its solution (1923)
• The Problem of Provincial Finance in British India (1925)
CASTE
● Ambedkar emphasized on endogamy as the main feature of caste system
● subjects of division of labor and labourers, refusals to inter-dine, and
strict restriction on social mobility
● only solution to the problem of caste was its annihilation ( complete
defeat)
● Ambedkar essay “Castes in India, Their Mechanism, Genesis and
Development” in 1917 can be seen as his first serious attempt to analyze
the caste system in India.
● Hindu society was divided into classes, that they also referred as
● varnas which included Brahmins (the priestly class), the Kshatriyas (the
warrior class), the Vaishayas (the trading class) and the Shudras (the
artisan class and others involved in what society claims as menial jobs).
Untouchability
-Ambedkar rebutted the understanding about the possible relation between race
and caste system or Untouchability, and rejected the position that caste had
developed in relation to race
-Ambedkar criticized the Hindu scriptures and sacred texts that justified the
prevalence of caste system
In Ancient times during the tribal wars, those who were defeated were broken
from their groups and wandered around. He calls them ‘Broken Men’. When the
idea of civilization and settled society developed, these the settled families faced
constant threat from the nomadic tribes, who survived on stolen cattle and
property. The settled communities did not have the capacity to counter the raiding
nomadic tribes as they were engaged in agriculture for survival. The broken men
also needed resources for survival and hence a form of contract was reached where
the broken men agreed to defend and serve the settled communities against the
nomads
Annihilation of Caste
Nyaya: Ambedkar
Part 2
AMBEDKAR’S IDEA OF SOCIAL JUSTICE
● Social justice refers to those aspects of policies of the state,
either socio-economic or political, which aims at bringing the
marginalized and the disadvantaged sections to the
mainstream.
● He was confident that only by granting political justice the
life world of the depressed classes could not be altered, and
special provisions had to be made for their socio-economic
and cultural inclusion in the Indian society where they could
lead a life of self-respect and dignity
● Reservation in public employment
Ambedkar on Nation an Nationalism
Ambedkar argued that nation is a specific form of ‘consciousness of kind’,
‘social endosmosis’, ‘social amalgamation’- an ideal society suffused with the
principles of liberty, equality, and fraternity. Nationalism is defined as
aspiration to have a separate and self-determined political fraternity.

For Ambedkar nationalism was a strong emotional feeling and it was not
possible to remove it. However, he equally opined that in absence of
integration, inclusiveness and respect for human rights true nationalism could
not be evolved. He did not believe in aggressive form of nationalism as he
considered it irrational and it could give rise to intolerance among people. At
the same time, he was convinced that any nationalism based on religion could
not promote the ideals of democracy
Democracy

● Ambedkar viewed democracy as an approach that affected


every aspect of human existence.
● According to him, democracy must also be viewed morally
despite its pillars of equality, liberty, and fraternity.
● He was critical of extreme individualism that was a possible
outcome of Buddhism, as such characteristics failed to
engage in activism that challenged social order.
● Thus, he believed that there needed to be a balance between
individualism and fraternity for a harmonious society.
In Ambedkar's view, democracy was born from religion,
without which associated living was impossible.
Thus, instead of removing aspects of religion completely, he
attempts to reconstruct a new version of democracy that
accepts the democratic aspects of religions like Buddhism.
Finally, Ambedkar realises that in order to conceptualise
democracy as a way of life, it was important to distinguish
principles and rules in society.
CONSTITUTION AND CONSTITUTIONAL MORALITY
Ambedkar believed that however good a constitution may be, it
depended on those who worked upon it. Constitution could only
provide broad contours of different organs and functions. It totally
depended on the people who operated there and political parties
whether they would uphold constitutional methods or not cannot be
predicted.
Ambedkar held that if the constitution was to be protected and
democracy was to be preserved, constitutional morality was important.
● First, there was a need to hold fast to constitutional methods in our
fight for social and economic objectives.
Secondly, Ambedkar argued that we should observe caution that not to
lay liberty even on the feet of a great man. Respect their greatness but
not make them hero because in India we have tendency for ‘bhakti’ or
hero worship as it might lead to eventual dictatorship.
POONA PACT (1932)
What ? - The Poona Pact, signed on September 24, 1932, was an agreement
between Dr. B.R. Ambedkar and Mahatma Gandhi to address the issue of
political representation for the Dalits (Scheduled Castes) in India.

Background: The British government introduced separate electorates for


Dalits in the Communal Award, sparking concerns about further division
within Indian society.

Gandhi's Opposition: Mahatma Gandhi opposed separate electorates, fearing


it would perpetuate caste divisions. He went on a fast unto death to protest
this provision.

Negotiations: Under pressure, negotiations between Gandhi and Ambedkar


took place in Pune, leading to the Poona Pact as a compromise.
Reserved Seats: Instead of separate electorates, the Poona Pact
retained reserved seats for Dalits in provincial legislatures,
ensuring their political representation.
Proportional Representation: The number of reserved seats was
determined based on the total strength of the Dalit population in a
province, ensuring proportional representation.
Tenure of Agreement: The Poona Pact was initially agreed upon for
a duration of ten years but has been extended, and the system of
reserved seats for Scheduled Castes continues in India's political
landscape.
DR. AMBEDKAR’S ECONOMIC VIEWS
Dr. B. R. Ambedkar was an economist by education and training. His higher
degrees in both Columbia University and London School of economics and
Political Science were in the field of Economics.

● Ambedkar in Administration and Finance of the East India Company


presented a gross critique of the British East India Company’s economic
policies in India by highlighting how it had gradually ruined Indian economy
● He also exposed the uneven trade policies followed by the British that was set
to benefit the colonial power and destroy indigenous economy.
● In his next work, The Evolution of Provincial Finance in British India,
Ambedkar studied the relationship between the Centre and the Provinces
between 1823 to 1921. His analysis highlighted the problems with the British
economic policies in India.
In 1923, Ambedkar published The Problem of Rupee: Its Origin and Its Solution. It discussed
the evolution of currency system in India since the nineteenth century. It further analyzed
the efficiency of the prevailing system and exchange rate in India and suggested possible
reforms. He found that an overvalued rupee was in line with British commercial interests as
it could ensure that the exports from Britain to India were cheaper, whereas on the contrary,
the Indian industrialists were lobbying for devaluation as it would support exports from
India

● He introduced key reforms in the labour laws, laid foundations of river valley projects
and electricity production houses

● However, he also understood the limitations of agriculture in generating wealth and


therefore favored the idea of promoting cottage and small-scale industries. His
emphasis on hydro-electric river projects like Damodar, Son, Mahanadi was based on
the foresightedness that electricity generation was and important infrastructural
requirement for the establishment of large-scale industries. He also opined that proper
forest cover was important for ecological balance
AMBEDKAR ON THE POSITION OF WOMEN IN
INDIAN SOCIETY

He asserted that in order to maintain the sex ratio and perpetuate endogamy
and thereby the caste system, four different practices were deployed:

a) the practice of sati;

b) enforced widowhood;

c) enforced celibacy; and

d) the marriage of child brides with older men and widowers.

These practices are exploitative for women and thus Ambedkar underlines the
fact that castes are maintained through the sexual exploitation of women.
● Ambedkar also argues that in ancient India, women enjoyed a
high social status. They were in forefront in the political process
as also in the social and intellectual spheres. But with the
production of dharamsastras like Manu’s, the downfall in the
status of women began.
● As law minister Ambedkar sought to change the laws of Manu
which were misogynistic and reduced women to commodity.
● The Hindu code bill brought forth a text that had possibilities
for the liberation of women. Women were at the core of the
Hindu Code Bill and through the laws on property, marriage
and divorce, he sought to enhance the cause of women.
Important Questions
Unit 5 ( Nyaya

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