Dr. Ambedkar with the Simon Commission
(Indian Statutory Commission)
______________________________________________
STATEMENT
“C”
concerning the safeguards
for the protection of the interests of
the
Depressed Classes as a minority in the Bombay Presidency
and
the changes in the composition of and the guarantees from
the Bombay Legislative Council necessary to ensure the same under Provincial Autonomy
submitted
by
Dr.
Bhimrao R. Ambedkar,
M.A., PH.D., D.SC., BAR-AT-LAW
Member
of the Legislative Council, Bombay
on
behalf of the
(Depressed
Classes Institute of Bombay)
to
the
Indian Statutory Commission
Parel,
Bombay-12
INDIA
_______________________________________________________________________________________
1.
Protection through adequate Representation
1.
Preliminary—The
Sabha feels relieved of great anxiety by the decision of
Parliament not to appoint an Indian on the Statutory Commission. The agitation for the
appointment of an Indian would have been proper if the Commission had to consider a common
Indian demand for self-government. But the fact is that the Commission shall have to
consider not one demand, but a variety of demands made by the different interests
prevailing in the country. That being the case the agitation should have been for a
representation of all such interests on the Commission. The Sabha desires to point out
that nothing could have satisfied the Depressed Classes better than the appointment of
Indians representing various interests in the country, including their own, on the
Statutory Commission. The demand for representation on the Statutory Commission was not,
however, of such a nature and the Sabha, therefore, could not feel at one with those who
urged it. The Sabha, it is true, did not agitate as it should have done, in conformity
with its own views, for the representation of the Depressed Classes on the Commission. But
that was because the Sabha felt that it was too much to hope for in a country where those
in charge of the affairs from the Viceroy downwards have cultivated the habit of
recognising the noisy few and forgetting the dumb millions. To use the language of Burke, because half a dozen politicians, like grasshoppers
under a fera, make the field
ring with their importunate chink, whilst the masses, like thousands of great cattle, are
reposing beneath the shadow of the oak, chew the cud and are silent, the Government of
India imagines that the politicians who make the noise are the only inhabitants of the
field—that, of course, they are many in number.— or
that, after all, they are other than the little, shrivelled, meagre, hopping, though loud and troublesome insects of the hour. But
there was also another reason why the Sabha did not press for its
views. In the opinion of the Sabha this exclusion of Indians from the Statutory Commission
was no small mercy to the Depressed Classes. For, by their non-appointment the Depressed
Classes are, at any rate, saved the prejudice that would
have otherwise been caused to their case, which the Sabha has hereby undertaken to place
before the Commission.
2.
Injustice done to the
Depressed Classes in 1919.—The Montague Chernsford
Report recognised fully (para. 151) that the existence of
the social differences and divisions formed " a
feature of Indian Society which is out of harmony with the ideas on which elsewhere in the
world representative institutions rest " and the authors of the Report (para. 153) held that
they "have to be taken into account and they must lead us to adjust the forms of
popular Government familiar elsewhere to the special conditions of Indian life." In
accordance with this, the authors of the Report, in order to pacify the Depressed Classes
who had stoutly opposed the introduction of the Reforms, undertook to safeguard their
interests as will be seen from the following statement in paragraph 155 of their Report in
which they say : "We have shown that the political
education of the Ryot cannot be very rapid and may be a very difficult process. Till it is
complete he must be exposed to the risk of oppression by people who are stronger and
cleverer than he is; and until it is clear that his
interests can safely be left in his own hands or that the Legislative Council represent
and consider his interests, we must retain power to protect him. So with the Depressed classes, we intend to make the best arrangements we can for their
representation in order that they too may ultimately learn the lesson of self-protection.
But if it is found that their interests suffer and that they do not share in the general
progress, we must retain the means in our hand of helping them........."
3.
The Sabha regrets that all these promises were thrown to
the wind by the Southborough
Committee which was subsequently appointed to devise franchise, frame constituencies and
to recommend what adjustments were needed to be made in the form of the proposed popular
Government as a consequence of the peculiar social conditions prevalent in India. So
grossly indifferent was the Southborough Committee to the
problem of making adequate provision for safeguarding the interests of the Depressed
classes that even the Government of India which was not over-particular in this matter
felt called upon in paragraph 13 of their Despatch on the Report of the Southborough Committee to observe : " We accept the
proposals (for nonofficial nomination) generally. But there is one Community whose case
appears to us to require more consideration than the Committee gave it. The Report on
Indian Constitutional Reforms clearly recognised the problem of the Depressed classes and
gave a pledge respecting them. The castes described as 'Hindus—others'
in the Committee's Report though they are defined in varying terms, are broadly speaking
all the same kind of people. Except for differences in the rigidity of their exclusion
they are all more or less in the position of the Madras Panchamas, definitely outside that part of the
Hindu Community which is allowed access to their temples. They
amount to about one-fifth of the total population, and have not been represented at all in
the Morley-Minto Councils. The Committee's Report mentions the Depressed Classes
twice, but only to explain that
in the absence of satisfactory electorates they have been
provided for by nomination. It does not discuss the position of these people or their
capacity for looking after themselves. Nor does it explain
the amount of nomination which it suggests for them.
Paragraph 24 of the Report (of the Franchise Committee) justifies the restrictions of the
nominated seats on grounds which do not suggest that the
Committee were referring to the Depressed Classes. The measure of representation which
they propose for this Community is as follows :
Province |
Total
population in millions |
Population
of Depressed classes in Millions |
Total
seats |
Seats
for the Depressed classes |
Madras
|
39.8 |
6.3 |
120 |
2 |
Bombay
|
19.5 |
0.6 |
113 |
1 |
Bengal
|
45.0 |
9.9 |
1.27 |
1 |
United
Provinces |
47.0 |
10.1 |
120 |
1 |
Punjab
|
19.5 |
1.7 |
85 |
|
Bihar
and Orissa |
32.6 |
9.3 |
100 |
1 |
Central
Provinces |
12.0 |
3.7 |
72 |
1 |
Assam
|
6.0 |
0.3 |
54 |
|
Total |
221.4 |
41.9 |
791 |
7 |
"
These figures speak for themselves. It is suggested that
the one-fifth of the entire population of British India
should be allotted seven seats out of practically 800. It is true that in all the Councils
there will be roughly a one-sixth proportion of officials who may be expected to bear in
mind the interests of the depressed (?); but that
arrangement is not, in our opinion, what the Report on Reforms aims at. The authors stated
that the Depressed Classes should also learn the lesson of self-protection. It is surely
fanciful to hope that this result can be expected from including a single member of the
Community in an Assembly where there are 60 to 90 Caste-Hindus. To make good the
principles of paragraphs 151, 152, 154 and 155 of the Report we must treat the out-castes
more generously.........'"
4.
The Sabha feels happy that it is not alone in its opinion
as to the injustice done to the Depressed Classes by the framers
of the Reforms Scheme of 1919. This opinion was also shared by the Muddiman Committee which was appointed two years afterwards to
report upon the possibility of improving and enlarging the scheme of Reforms. That
Committee admitted in its Report (Paragraph 64) that the representation granted to the
Depressed Classes under the Scheme was inadequate.
5.
Extent of Representation that must be granted to the
Depressed classes.—What then should be the extent of the representation of the Depressed Classes which can be said to be adequate ? In the opinion of the Sabha the following scheme for the composition of the
Legislative Council of Bombay assuming that Sind will be
separated from the Presidency may be deemed to satisfy the demand of the Depressed Classes
for adequate representation:
Composition
of the Bombay Legislative Council
FOR
1.
BOMBAY
PRESIDENCY WITHOUT SIND
|
Constituencies |
Total No. of seats |
Reserved for the Depressed classes |
Mohamedans |
Marathas and allied castes |
|
general |
|
|
|
|
|
(a) urban |
|
|
|
|
1 |
Bombay City North |
5 |
1 |
1 |
|
2 |
Bombay City South |
3 |
|
|
|
3 |
Ahmedabad City |
3 |
1 |
1 |
|
4 |
Surat
City |
1 |
|
|
|
5 |
Sholapur city |
3 |
1 |
1 |
|
6 |
Poona |
1 |
- |
- |
Same as now |
|
(b) Rural |
|
|
|
|
|
Northern Division |
|
|
|
|
7 |
Ahmedabad District |
5 |
1 |
1 |
|
8 |
Broach District |
4 |
1 |
1 |
|
9 |
Kaira District |
5 |
1 |
1 |
|
10 |
Panchmahals District |
4 |
1 |
1 |
|
11 |
Surat District |
5 |
1 |
1 |
|
12 |
Thana District |
5 |
1 |
1 |
|
|
Central Division |
|
|
|
|
13 |
Ahmednagar District |
5 |
1 |
1 |
|
14 |
Khandeah East District |
6 |
1 |
1 |
|
15 |
5 |
1 |
1 |
|
|
16 |
5 |
1 |
1 |
|
|
17 |
Poona District |
6 |
1 |
1 |
|
18 |
Satara District |
6 |
1 |
1 |
|
19 |
Sholapur District |
5 |
1 |
1 |
|
|
|
|
|
|
|
20 |
Belgaum District |
5 |
1 |
1 |
|
21 |
Bijapur District |
5 |
1 |
1 |
|
22 |
Dhanvar District |
6 |
1 |
1 |
|
23 |
Kanara District |
4 |
1 |
1 |
|
24 |
Kolaba District |
4 |
1 |
1 |
|
25 |
Ratnagiri District |
6 |
1 |
1 |
|
|
Total of General |
112 |
22 |
22 |
|
|
II. SPECIAL |
|
|
|
|
26 |
Labour Unions |
4 |
|
|
|
27 |
University |
3 |
|
|
|
28 |
Europeans |
4 |
|
|
|
29 |
Mi Ilowners |
2 |
|
|
|
30 |
Commerce |
1 |
|
|
|
31 |
Agriculture |
|
|
|
|
32 |
1 |
|
|
|
|
33 |
Officials |
9 |
|
|
|
|
Total of Special |
28 |
|
|
|
|
Grand Total |
140 |
|
|
|
which
should be the strength of the Bombay Legislative Council.
6.
In case it is decided to keep Sind as part of the Bombay
Presidency the Sabha would like to propose the following
scheme for the composition of
the Bombay Legislative Council :
Composition
of the Bombay Legislative Council
II.
BOMBAY PRESIDENCY WITH SIND
|
|
43
Nawabshah District 44
Upper Sind Frontier |
2 2 2 |
|
|
Total |
30 |
|
|
|
45
Labour Unions 46
University 47
Europeans 48
Millowners
50
Agriculture 51
Inamdars
and Jaghirdars 52
Officials |
4 2 4 1 1 1 2 9 |
|
|
Total
for Special |
24 |
|
|
Grand
Total |
140 |
|
|
which
should be the total strength of the Council.
7. In either case the demand of the Sabha is for 22 representatives of the Depressed classes in a Council composed of 140 members. The Sabha desires to state emphatically that this much representation to the Depressed classes in a Council of 140 is only just. The Sabha is aware that some people are likely to call such a demand as a very large one. Such a view must however be deemed to be the result of prejudice against the Depressed classes. It cannot be said to be founded upon any definite reason. The Sabha thinks that an exact idea as to the population of the Depressed classes would be a sufficient corrective to views of this sort. For, it must be admitted that population is a measure by which to evaluate the representation that is to be granted to any community. The computation of the exact strength of the Depressed classes is therefore a matter of considerable importance. The Depressed classes of the Bombay Presidency have already suffered an injustice at the hands of the Southborough Committee in 1919. That Committee gave in its Report a grossly wrong figure## as to the exact strength of the Depressed classes in the Bombay Presidency—a figure which was absolutely unwarranted by the Census of 1911. (##The figure given by the Southborough Committee and adopted by the Government of India in the Table given above was 577,516. According to the authority relied upon by the Southborough Committee the population of the Depressed classes in the Bombay Presidency in 1911 was 2,145,208)
So
small was the strength of the Depressed classes shown by the Southborough Committee that
even the paltry suggestion of the Government of India to give two representatives to the
Depressed classes in the Bombay Legislative Council failed to have any effect. Similar
attempt is now being made in responsible quarters to whittle down the population of the
Depressed classes. For instance, Mr. Bajpai speaking on behalf of the Government of India
in the Legislative Assembly on the 23rd February 1928 said
"that the population of the Depressed classes in India
was much exaggerated and that the real strength of the Depressed classes was only 281/2
millions and not 60 millions "
as used to be stated theretofore. The Sabha fears that the
Commission may fall into the same error in which the Southborough
Committee fell and may in consequence make proposals based upon such erroneous
calculation. The Sabha therefore desires to draw the attention of the Commission to what
the Director of the Census of India has to say in this
connection. In Chapter XI of Volume I of the Census of India 1921 the Director observes:
"
Paragraph 193. It has been usual in recent years to speak
of a certain section of the community as the ' Depressed
classes '. So far as I am aware the term has no final
definition, nor is it certain exactly whom it covers. In
the Quinquennial Review of the Progress of Education from 1912 to 1917 (Chapter XVIII paragraph 505), the
Depressed classes are specifically dealt with the point of view of educational assistance
and progress, and in Appendix XIII
to that Report a list of the castes and tribes constituting this section of the community
is given. The total population classed according to these lists as depressed amounted to
31 million persons or 19 p.c. of the Hindu and Tribal
population of British India. There is undoubtedly some danger in giving offence by making in a
public report social distinctions which may be deemed invidious;
but in view of the lists already prepared and the fact that the '
depressed ' have especially in South India, attained a class consciousness and a class organization, are
served by special missions,
' raised ' by philanthropic societies and officially
represented in the Legislative Assemblies, it certainly
seems advisable to face the facts and to attempt to obtain some statistical estimate of
their numbers. I. therefore, asked Provincial
Superintendents to let me have an estimate based on Census figures of the approximate
strength of the castes who were usually included in the category of ' depressed '. I received lists of some
sorts from all Provinces and States except the United Provinces, whose extreme delicacy of
official sentiment shrank from facing the task of attempting even a rough estimate. The
figures given are not based on exactly uniform criteria, as a different view is taken of
the position of the same group in different parts of India,
and I have had in some cases to modify the estimate on the
basis of the figures in the educational report and of information from the 1911 reports and tables. They
are also subject to the general defect which has already been explained, that the total strength of any caste is not recorded. The marginal statement
[reproduced below] gives, however, a rough estimate of the minimum numbers which may be considered to form the
'depressed classes ' of the Hindu Community. The total of
these provincial figures adds up to about 53 millions. This, however, must be
taken as a tow and conservative estimate since it does not
include (1) the
full strength of the castes
and tribes concerned and
(2) the tribal aborines most recently
absorbed
in Hinduism, many of whom are considered impure.
We may confidently place the numbers of the depressed
classes, all of whom are considered impure, at something between
55 and 60 millions in India proper....."
POPULATION
OF THE DEPRESSED CLASSES IN INDIA
Provinces |
000's
omitted |
Total |
52,680 |
Assam |
2,000 |
Bengal |
9,000
|
Bihar
and Orissa |
8,000 |
Bombay |
2,800 |
C.
P. and Berar |
3,300 |
Madras |
6,072 |
Punjab |
2,893 |
U.
P. |
9,000 |
Baroda |
177 |
Central
India |
1,140 |
Gwalior |
500 |
Hyderabad |
2,339 |
Mysore |
932 |
Rajputana |
2,267 |
Travancore |
1,260 |
8.
This cautious and considered estimate of the Director of
Census must supersede all guesses and surmises regarding the strength of the Depressed
classes in the different Provinces of India. It destroys the validity of the estimate of
Mr. Bajpai. For, it has been arrived at after scrutinizing
the figures that have appeared in the Provincial Educational Reports which Mr. Bajpai says
have formed the basis of his statement. Its correctness
must be admitted. For, as the Director says it was arrived at after a deliberate
investigation. The Sabha must therefore insist upon the
Statutory Commission accepting these figures in preference to any other. According to this estimate the minimum strength of the Depressed classes in the
Bombay Presidency is 28,00,000 souls or 10.8 p.c. of the total population. On the basis of their strength alone the Depressed classes
are entitled to 15 seats out of a total of 140.
9.
If the strength of a community was the only factor governing the extent of the
representation to be granted to it, then the demand for the seven
extra seats for the depressed classes would no doubt appear to be one for an unearned
increment. It must however be recognised that the
strength of the community cannot be taken as the sole factor in determining matters of this sort.
The standing of a community is no less an important factor to be taken into
account in determining its
quota of representation. The standing of the community must mean its power to protect
itself in the social struggle. That power would obviously
depend upon the educational and economic status of the community. It follows from the
recognition of the principle that the lower the
standing of a community the greater is the electoral advantage it must get over the rest.
There can be no two opinions that the standing of the Depressed classes both educational
and economical is the lowest in this Presidency.
Consequently they are entitled to some electoral advantage over what they are entitled to
on the basis of their strength. This electoral advantage must be greater in the case of
the Depressed classes than in the case of any other community of equal strength and
standing; because no community can be said to form a
submerged class in the same sense in which the Depressed classes do. Nor can any class be
said to be burdened with those grave disabilities which
form the common lot of the Depressed classes and which prevent them from rising above
their degraded station in life. This is one reason why the Sabha feels justified in asking for this increment in
representation. There is also another reason which the Sabha thinks must justify the extra representation claimed by it for the Depressed
classes. The representation of a minority, if it is to protect the minority, must also be effective. If not, it would be a farce. To escape this
reproach it must be recognised that if a minority is
lo be protected then there must be enough representatives of the
minority to save it from being entirely submerged.
To put the same thing in the form of a proposition, the effectiveness of a minority
representation depends upon its being large enough to have the sense of not being entirely
overwhelmed. In claiming this extra representation the Depressed classes, the Sabha
thinks, are entitled to invoke this principle in their favour, in common with the rest of
the minorities in the country.
10.
Necessity for impartial treatment of all minority
communities--These principles governing the extent of
representation are those which have been laid down by the Government of India in their
despatch reviewing the Report of the Southborough Committee. The
Sabha desires to point out that the case of the Depressed classes was more deserving of the application of such principles than that of any other
community that could have been thought of in the whole of India. In practice, however, the benefit of these principles was
rigorously denied to the Depressed classes all throughout India and was literally showered
upon a community like the Mohammedans holding a stronger
and better position in the country than can be predicated of the Depressed classes. To
point out one such instance of unequal treatment the Sabha would invite the attention of
the Commission to the two following cases:—
Provinces |
Muslim
Population |
Seats
for Moslems |
Depressed
classes population |
Seats
for Depressed classes |
Central
Provinces |
574,276 |
1 |
3,060,232 |
2 |
Bombay
Presidency |
1,207,443 |
7 |
1,627,980 |
1 |
Howsoever
indignant one may feel over the perpetration of such injustice to the Depressed classes
the Government of India does not blush at it. For, it had
avowedly enunciated those principles for the very limited
purpose of applying them to the Mohammedans only. This was due, as everyone knows, to the
distinction the Government of India made in the political importance of the different
communities. The Sabha protests against this grading of the citizens of a country on the
basis of their political
importance. There can be no safe and secure rule except the one
that all communities are politically of equal importance. This invidious distinction
is at the root of all the communal troubles and is destructive of the principle of equal
opportunity. The
introduction of this principle in the governance of India at the time when the 1st
instalment of Reforms was granted by Parliament was disastrous to the interests of the
Depressed classes. The Sabha is glad to find the present
Secretary of State recognising the existence of the Depressed classes as a problem for
serious consideration in the decision that may now be taken
with regard to the enlargement of the scope of the Political Reforms already introduced.
But the Sabha is anxious to point out that such recognition
would be of no consequence to the Depressed classes if it is not reflected in the changes
that may now be introduced into the framework of the constitution of the country.
11.
Mode of representation.—The Sabha is
opposed to the principle of nomination and would insist upon the extension of the
principle of election to the Depressed classes. Election is not only correct in principle
from the standpoint of responsible Government, but is also necessary in practice from the
standpoint of political education. Every community must have an opportunity for political
education which cannot well be secured otherwise than by the exercise of the vote. It must
be regarded as unfortunate that the Depressed classes who need such education, more than
any other community, should be denied an opportunity to take their share in the rapidly
developing political life of India. There is also another
reason why election in the case of the Depressed classes is a necessity. Ministership is a very important privilege and the Depressed
classes cannot afford to forego the same. No great benefit can come to them from the
introduction of Political Reforms unless they can find a place in the Cabinet of the
country, from where they can influence the policy of the Government. This opportunity will
be denied to them so long as they are denied the opportunity of electing their own
representatives. For, under responsible Government nominated members must continue to be
ineligible for office. A system of representation like that
of nomination which deprives the Depressed classes of this right must stand
self-condemned.
12.
Two objections are usually urged against the application of the
principle of election to the Depressed classes.
(a) Difficulty in forming constituencies.—This
objection, the Sabha thinks, must be ruled out of serious consideration as not being
honest. It! difficulty in the matter of forming constituencies was a consideration which
led Government to prefer nomination to election in the matter of the representation of the
Depressed classes, it is difficult to understand how the Government ventured to apply the
principle of election to the Moslems and the Europeans. These communities are not less
scattered than the Depressed classes and no constituencies
can be formed for them including the existing one, which cannot be condemned as absurd
from a logical point of view. All the same, the Government of Bombay did abandon its
aesthetic sense and undertook to form as symmetrical
constituencies for these communities when it found impossible to form symmetrical ones.
All these difficulties in regard to the formation of the constituencies for the Depressed
classes are, however, set at rest under the scheme of representation outlined by the Sabha. The problem being thus simplified, no objection ought
now to be raised for the substitution of the principle of nomination by the principle of
election.
(b) Difficulty in getting a sufficiently large electorate.—Will
there be a sufficient number of electors in any constituency lo make the election of the
Depressed classes to the Council a real election ? By way
of pointing out a difficulty in substituting election for nomination this question is
usually raised and answered in the negative. The difficulty would no doubt be there if it
is decided that the existing pitch of the franchise is not
to be touched and so long as the pitch continues where it now
is, the Sabha must admit that the number of electors among the Depressed classes will be
very few. But the Sabba thinks that the existing pitch of
the franchise is unjustifiable on every ground. It has turned responsible Government into
a mockery. It means a Government of the whole Presidency of
two crores of people by a
minority of seven lakhs who happen to have the good fortune of being voters under the
existing franchise. Such a state of things is clearly vicious
and cannot be allowed to continue in future, if there is to be responsible Government, not
merely in name but also in fact. It is to be regretted that the question of franchise does
not seem to have been adequately pressed by the class that is most vocal in demanding
Reforms. Democracy is alleged to be the aim of that class, but if the truth be told, in
the words of the Government of Burma, " they are in
favour of democratic institutions mainly because they are making an appeal to a democratic
nation. They could not very well call for democracy and leave the Demos out. Their chief interests in the Reforms is
centered in the powers that they expect to gain over the executive. The broad franchise
and responsible voting in its true sense by the rural electors is not at all the central
idea of their demand. As long as their own class will furnish
the Legislative Councillors who will exercise the desired
control, it is immaterial to them whether these represent few or many voters."
Whether or not this is the correct diagnosis of the
difference of the Indian politicians to the important question of franchise, the fact remains that the question of franchise occupies in
Congress politics a very subordinate place as compared to
the question of the transfer of powers. In the opinion of the Sabha, this attitude of the
Congress politicians is a reversal of the true relationship between the question of the
franchise and the question of transfer of power. It must be admitted that the dictum of
the Government of India that the forces which now hold the administration together cannot be withdrawn
before satisfactory substitutes are ready to take their place, must find acceptance in all
quarters which are willing to look at things from a proper perspective. Now these
substitutes must obviously be the electors; it follows therefore that the degree and the kind of responsibility which can be introduced into the Government
of the country will depend upon the strength of the electors. So vital is this question of
the franchise that upon its determination alone can depend the degree of the transfer of
political power. What should be the franchise is therefore a most important question. In
the way in which it is determined at present the Sabha
wishes to point out that the principle aim of representative Government has been lost
sight of altogether. Franchise
means the right to determine
the terms of associated
life. Franchise can mean nothing else. If that is the meaning of franchise, then it
follows that it should be given to those who by reason of their weak power of bargaining
are exposed to the risk of having the terms of associated
life fixed by superior forces in a manner unfavourable to them. If this is true, then the
very exigencies of representative Government demand that the franchise, if the term is
properly understood, must be fixed so low as to bring it within the reach of the large
majority of the poor and the oppressed sections of society. Indeed adult franchise is the
only system of franchise which can be in keeping with the true meaning of that term. The Sabha would, however, be content if the
franchise for the Legislative Council is fixed at the same level as that for the Taluka Local Board in the rural parts and Rs. 3 rental per month in urban parts of the Presidency. The
fear often entertained on the part of the Government that such a lowering of the franchise will bring in a large part of
unintelligent people is without foundation. Large property
is not incompatible with ignorance. Nor is abject poverty incompatible with high degree of intelligence. Property may as well dull the edge of
intelligence. On the other hand poverty does and often must stimulate intelligence.
Consequently the adherence of the Government to a high
property qualification as an insurance against ignorance is nothing
but a superstition, which is sedulously cultivated by the classes and fostered by the
Government in order to deprive the masses of their right to the making of their
Government.
13.
System of Election.—Free election in general constituencies is, in the opinion of the
Sabha, out of the question so far as the Depressed classes are concerned. On the other hand the Sabha does not wish to ask for Communal
electorates. In its opinion, it would be sufficient if the
Depressed classes arc provided with reserved seats in the general constituencies. In the
case of the candidates for election from the Depressed classes the Sabha would urge the
total abandonment of the residential qualification and a partial relaxation in the condition as to
deposit.
14.
Representation in the
Assembly.—The Sabha respectfully protests against the
non-recognition of the right of the Depressed classes in the Legislative Assembly in 1919. The Government of India is
still supreme in important matters which are directly under its control or under the
Reserved half of the Provincial Governments. Even in respect of the Transferred subjects
it continues to have the power of superintendence. It is, therefore, obvious that in the
direction of such large powers the Depressed classes should have some voice and the Sabha
would, therefore, claim that three members from the Depressed classes of the Bombay
Presidency should be elected to the Legislative Assembly by their representatives in the Local Legislative Council.
II.
Protection through Guarantees
15.
In addition to the demand for adequate representation the Sabha
feels that it must also demand the inclusion of clauses in the constitution of the country and as a fundamental part thereof
guaranteeing the civil rights of
the Depressed classes as a minority in the Bombay Presidency. Such guarantees must cover
the recognition of the following propositions concerning
the interests of the Depressed classes :—
(1)
That the education of the Depressed classes shall be
recognised us the first charge on the revenues of the Province and that an equitable and
just proportion of the total grant for education should be earmarked for the benefit of
the Depressed classes.
(2)
That the right of the Depressed classes to unrestricted recruitment
in the army, navy, and the police shall be recognised without any limitation as to caste.
(3)
That for a period of 30 years the right of the Depressed classes for priority in the
matter of the recruitments to all posts, gazetted as well as non-gazetted in all civil
services shall be recognised.
(4)
That the right of the Depressed classes to the appointment of a special inspector of police from amongst themselves for
every District shall be recognised.
(5)
That the right of the Depressed classes to effective
representation (as defined above) on the Local Bodies shall be recognised by the Provincial
Government.
(6)
That the right of the Depressed classes to appeal to the Government
of India in cases of violation of these rights by the Provincial Government shall be
recognised and the Government of India shall be given the power
to compel the Provincial Government to conform to the law in the matter.
16.
Justification of such guarantees.—It
may be argued that as the Depressed classes have been given adequate representation in the
Council, there can be no danger to their rights, as there can be in the case of an unrepresented minority. Why then should there be these
guarantees ? The Sabha
demurs to this much faith in the efficacy of a representative form of Government to
effectively protect a minority from the tyranny of the majority. In this connection the
Sabha would like to invite the attention of the Commission to the views of John Stuart
Mill who has observed that " the notion that the
people have no need to limit their power over themselves, might seem axiomatic, when
popular Government was the thing only dreamt about or read of as having existed at some
distant period of the past............ It was now perceived
that such phrases as self-government, and the power of the
people over themselves, do
not express the true state of the case. The people who exercise the power are
not always the same people with those over whom it is
exercised; and the self-government spoken of is not the
government of each by himself, but of each by all the rest. The will of the people,
moreover, practically means the will of the most numerous or the most active part of the people, the majority or those who
succeed in making themselves accepted as the majority; the
people, consequently, may desire to oppress a part of their number; and precautions are as much needed against this, as against
any other abuse of power. The limitation, therefore, of the power of Government over
individuals loses none of its importance when the holders of power are regularly
accountable to the community, that is to the strongest party therein. This view of things,
recommending itself equally to the intelligence of thinkers and to the inclination of
those important classes in European Society to whose real or supposed interests democracy
is adverse, has had no difficulty in establishing itself;
and in political speculations the tyranny of the majority is now generally included
amongst the evils against which the Society requires to be on its guard."
17.
From this it is obvious that representative Government cannot altogether do away with the
necessity of such guarantees for the protection of the interests of the minorities in a
nation. Indeed it may safely be asserted that a representative form of Government far from
being a means of affording protection to the minorities must be deemed to be so very
inadequate for that purpose that its introduction without a system of guarantees being
made a part thereof was looked upon as a most dangerous experiment. The postwar history of
Europe abounds in such cases. The peace treaties between the allied powers and Zechoslovakia, Austria, Hungary, Rumania and the Polish German
Convention relating to Upper Silesia with their guarantee clauses for the benefit of the
minorities bear eloquent testimony to the fact that the minorities cannot depend upon the
representative form of Government but must seek protection in the form of guarantees of
their rights.
18.
If representative Government is so weak when operating among European peoples, where the
secularisation of politics has gone far further, how much weaker must it be in India where
politics is nothing but theology in action. It is this theology against which the
Depressed classes must seek to be protected. How destructive is this theology of true citizenship has nowhere been described so well as
in the Note by the Hon'ble Sir Alexander Cardew, K.C.S.I., I.C.S., to the Government of India contained in the letter No. 1146 (Reforms) dated the 31st December 1918. The
following extracts are made from that Note :
"
2. It may first be asked whether the democratic idea is in accordance with the prevailing philosophy of the people of India. The fundamental principle of the modern
democratic State is the recognition of the value of the individual and the belief that as
each individual has but one life, full opportunity should
be accorded to each to attain his maximum development in that life. Neither of these
propositions is accepted in the current philosophy of India. This rather
holds that the present life is for each only one of a series of existences; that the position of each individual in this life has been
determined for him by his merit or demerit in previous births ; and that, therefore, his
place in the social organism is irrevocably fixed and
cannot be changed. It may therefore be safely asserted that the root notions of democracy
run counter to all the ideas which for thousands of years have formed the common stock of
popular belief in India.
"3.
Closely connected with the doctrine, that each man's place in the present birth has been
determined by his actions in the past existences is the institution of caste which has the
effect of stereotyping and fixing unalterably the position of each individual in the
social scale. Thus a man born a Brahman cannot be other
than a Brahman and a man born
Pariah can never be other than a Pariah. Equality of opportunity is impossible under such
conditions and it is neither recognised nor desired by Indian public opinion.
"
4. At the apex of the caste pyramid stands the Brahman. This caste, originally
representing, at least in Southern India, a racial difference, has established through a
long period of time its absolute supremacy over all other castes. The Brahman's claim to supremacy is based not only on race and
intellect but also on the injunctions of religion. The sanctity of a Brahman's person and
religious merit to be obtained by feeding him, paying for his education, providing money
for the marriage of his daughters, endowing him with land, has been an established belief
in India for centuries......... Brahmans possessed
numberless privileges.........
"
6. With such predominance in most walks of life, it is not surprising that the Brahman has
easily secured control in politics...............
No representative of the great Pariah community nor of the Christian community has ever
sat, or would ever have a chance of sitting, for one of these constituencies. This
experience strongly suggests that the political machine in the future as in the past will
be under the control of the Brahmans, unless special measures are resorted to, to secure
adequate representation of the other classes.
"
8. Next to the Brahman sed longo intervello comes the great group of Hindu—castes,
some higher, some lower, generally grouped together as non-Brahmans
but all equally exclusive and largely antagonistic to one another.
It is notorious that if a member of one of these castes attains to a position of influence
he fills the offices in his
gifts with his fellow castemen. The Standing Orders of the
Government recognize this tendency and contain directions
to counteract it. The joint report is not ignorant of this,
for it says, ' there runs through
Indian Society a series of cleavages of religion, race and caste which constantly threaten
its solidarity.' These distinctions of castes do not merely threaten the solidarity of Indian
Society—they prevent such solidarity from ever
existing.
"
9. Below both the Brahmans and the non-Brahman caste
Hindus, come the low castes or more correctly the persons
of no castes who number in this Presidency [i.e.
Madras] some ten millions of people. For convenience they may be referred to as the Panchama or Pariah community. These people are regarded, not
merely as belonging to a lower class, but as conveying by their very presence an actual
pollution which requires purificatory religious ceremonies.
"
13. The difficulty of introducing democratic institutions into a society such as this,
illiterate, divided into hard and fast castes, with Brahman
at the top, with the various Non-Brahman Hindu castes in
the middle and the low castes liable to be oppressed impartially by both, at the bottom
must be very great. Nor does this difficulty seem to have been sufficiently realised by
the writers of the Joint Report. Surely the first
essential of any scheme of reform is that adequate
safeguard should be provided for the good government of the
inarticulate masses of the population.......,..,."
19.
If this is a correct description of the existing state of
affairs then the Minorities of Europe cannot be said to have a better case for obtaining
guarantees of their rights than the Depressed classes. Many people in the world
have fallen low by force of circumstances. But having
fallen they are free to rise. The Depressed classes on the other hand form a solitary cose
of a people who have remained fallen because their rise is
opposed to the religious notions of the majority of their countrymen.
Much was made before the Muddiman Committee by certain
persons of the resolutions passed by the various Legislative Councils, throwing open wells, dispensaries and dharamshalas
to members of Depressed classes and of the circulars issued by Ministers of Education
requiring children of the Depressed classes to be admitted to schools in common with the
rest. But what a mockery such resolutions and circulars are will be apparent to the
Commission from the perusal of Annexure A to this
statement. It will illustrate the attitude of the majority
towards the Depressed classes as evidenced by incidents reported from time to time in the
various newspapers in the country (item Nos. 1 and 10).
From a perusal of these news items it will be realized that the Depressed classes cannot
be employed in the army, navy and the police, because such employment is opposed to the
religious notions of the majority (item No. 8). They cannot
be admitted in schools, because their entry is opposed to the religious notions of the
majority (item No. 12). They cannot avail themselves of Government dispensaries, because
Doctors will not let them cause pollution to their persons or to their dispensaries (item
Nos. 2 and 5). They cannot live a cleaner and higher life, because to live above their
prescribed station is opposed to the religious notions of
the majority (item Nos. I
and 6). So rigorous is the enforcement of the Social Code
against the Depressed classes that any attempt on the part of the Depressed classes to
exercise their elementary rights of citizenship only ends in provoking the majority, to
practice the worst form of social tyranny known to history (item Nos. 4, 7 and II). It
will be admitted that when society is itself a tyrant, its means of tyrannising are not
restricted to the acts which it may do by the hands of its functionaries and it leaves
fewer means of escape, penetrating much more deeply into the details of life, and
enslaving the soul itself. Protection against such tyranny is usually to be found in the
Police power of the state. But unfortunately in any struggle in which the Depressed
classes are on the one side and the upper class of Hindus on the other, the Police power
is always in league with the tyrant majority (item No. II), for the simple reason that the
Depressed classes have no footing whatsoever in the Police or in the Magistracy of the
country.
20.
In view of this, it is unfair to the Depressed classes to be lulled into the belief that their interests would be safe in the hands of their countrymen, because some
Councils have passed resolutions and some of the Ministers have issued circulars favouring
the Depressed classes. The Sabha desires to caution the
Commission against being lured into forming a better
opinion of the Hindu majority from its best instances. Pictures of loving exercise of
authority on one side, loving submission to it on the other, of superior wisdom ordering
all things for the greatest good of the dependants are very gratifying to read. But such
pictures would be to the purpose only if any one from the Depressed Classes denied the
existence of good men in the Hindu society. Nobody among the Depressed classes doubts that
there would be great and universal happiness under the
government of a good Hindu. But the fact is that laws and institutions require to be
adapted not to good men but to bad. From this point of view, it is safer to grant the
minority the necessary protection by the inclusion of guarantee clauses than to leave it
unprotected on the fanciful ground that the tyrant majority has in it a few good men
sympathetic to the minority. Such guarantees may be looked down upon by persons other than
the Depressed classes as being unnecessary; but from the
standpoint of the Depressed classes it is but an essential safeguard. There is such an
enormous dread of the Reforms prevalent amongst the Depressed classes that they have from
the very beginning opposed their introduction. So strong was their feeling against the
Reforms that in one of the addresses presented to Mr. Mantagu
the Depressed classes declared " we shall fight to the
last drop of our blood, against any attempt to transfer the seat of authority in this
country from the British hands to the so-called high class Hindus. " Nothing
can allay such fears as the system of guarantees can do. Government is based upon faith
and not upon reason. If the Depressed classes can have no faith in the new constitution it
is statesmanship to buy that faith if it can be done so with the concession of guarantees
herein demanded.
ANNEXURE
A
Item
No. I
(From
the Times of India 8th February 1928)
NO
UPLIFT FOR ANTYAJAS
As
a landmark in the rapid progress of Indian social reform, a lecture delivered last month
by Mahamahopadhyaya Pandit Ananta
Krishna Shastri (Professor, Calcutta University) to an
audience of Sanatanist (orthodox) Agrawal Marwadis of Bombay in
the local Nara-Narayan temple, deserves to be rescued from
unmerited oblivion. The subject of the discourse was "
The way to uplift the Patits (i.e. ' fallen ' untouchables)", and the chair was graced by Shri Jagadguru Anantacharya Maharaj of the new
Vaishnav temple in Bombay. The lecturer proved by citations
from the Shastras that the various castes have always been
in existence and will continue so to exist till the end of all time. He added that those
who talk of uplifting the " Fallen " (Antyajas) are merely
talking, and that, in fact, there is no way of uplifting the Antyajas
in the sense of getting them admitted into any of the four castes or taking them out of
their present social position.
ORTHODOX
GENEROSITY
The
learned lecturer suggested the only possible way of
uplifting the " unupliftable
Fallen ", namely, generously restoring to them some of
their inalienable professions at present encroached upon by unthinking and unorthodox
caste people. " In this 20th century," said the
Mahamahopadhyaya, " people on getting up in the
morning sit down to clean their costly shoes instead of performing their appointed morning
ritual. Next they sit down to shave themselves. And instead of cleaning their teeth in the
Swadeshi style (i.e., with twigs of babool, etc.), they sit down to rub powder on their teeth with
brushes. By doing all these things they deprive Mochis
(cobblers), Hajams (barbers), and tooth-stick sellers of
their livelihood. Let everyone do his duty according to Dharma
and rest content. This is the only way to bring about the uplift of the Antyajas,— let those who have deprived these Fallen
people of their means of livelihood restore it to them."
Item
No. 2
(From
the Times of India 2nd March 1928)
ANTYAJAS
IN INDIA
But,
the patriots will protest, all this happened in British India, not in Indian India. Well,
we know what happened to Balais only the other day in a big
Central India Native State for wearing gold and silver ornaments
and absurdly presuming to behave like touchable caste
Hindus. And this is what the Saurashtra reports about the Antyajas in Baroda territory
where the Maharaja himself sympathises so deeply with these unfortunates : " The order to admit Antyaja boys into Gujarati
schools is on paper only. In nearly 95 per
cent. of schools the Antyaja children are made to sit
outside in the cold, heat or rain, and they are made to
fetch cowdung, fuel, droppings,
dust etc......... In April 1927 an Antyaja went to the Damnagar
dispensary for medicine. The Doctor made him wait for twelve hours and then examined
him—from a distance and gave him medicine—from a distance. This happened in the
presence of an Antyaja member of the Baroda Legislative
Assembly." And the Pratap of Surat tells us that when a teacher in the Navasari Antyaja Ashram took an
ailing boy to the local hospital, the doctor in charge drove them both away with these
remarkable words: " Get away ! This is not Gandhi Raj but
Baroda Sarkar's Raj ! "
Item
No. 3
(From
the Evening News 11th May 1926)
UNTOUCHABLE
IN JAMBUSAR MUNICIPALITY
FOUR
HINDUS RESIGN
A
sensation has been caused in Jambusar at the election of an untouchable to the Jambusar
Municipality. Four Hindu members have resigned, while the rest have promised not to touch
the untouchable member and to bathe if ever they touched him.
Item
No. 4
(From
the Bombay Chronicle)
KOLABA
DEPRESSED CLASS CONFERENCE
ROWDYISM
OF UPPER CLASS HINDUS
The
Times of India in its issue of the 24th gives a
statement of the riot at Mahad. But as that statement is
incomplete and fails to give a correct idea of what happened it is necessary to give a
complete and correct account of the riot.
A
Conference of the Depressed Classes of the Kolaba District
was held at Mahad on the 19th and 20th instants [i.e.
of March 1927] under the Presidentship of Dr. B. R. Ambedkar, Bar-at-Law. The attendance of the depressed classes was over
2,500 and great enthusiasm prevailed. But the work of the Conference was severely marred
by a riot, the responsibility for which rests entirely upon the upper class Hindu
residents of the town of Mahad. On the first day of the Conference after the President had delivered his address, several upper
class Hindus addressed the Conference assuring the depressed classes that, they were
willing to help them in all ways and urging that the depressed classes should not
cultivate hatred of the upper class Hindus. In pursuance of this. the Subjects Committee
drafted a resolution among others laying down what the upper class Hindus should do for
the uplift of the depressed classes. In the Subjects Committee attention was drawn by some
people to the fact that there was a great difficulty at Mahad for the depressed classes in
obtaining water for drinking purposes and that this difficulty was felt not only by the
resident depressed classes of Mahad but also by the depressed classes from villages who
resorted to Mahad for private business or for the purposes of Government work. So great
was the scarcity that water worth Rs. 15 had to be bought
each day to satisfy the needs of the Conference. The Municipality of Mahad had sometime ago passed a resolution declaring the tanks
in the city to be open to the public but as it had not placed a board there, people feared
to resort to them. The Subjects Committee, therefore, decided after taking the sense of
the upper classes who attended the Conference in this matter, that the Conference should
go in body to the Chowdar tank and help the depressed
classes in establishing their right to take water.
A
FALSE RUMOUR
When, therefore, the Conference met on the morning of the 20th, and the first resolution which declared what the upper classes should do for the depressed classes was put before the Conference by members of depressed classes the President requested Messrs. Purushottam Prabhakar Joshi and Govind Narayan Dharya [as representatives of the upper classes] to speak on the resolution. With the exception of one clause in the resolution dealing with inter-marriages they both accepted the resolution. Having thus assured itself that there was general support behind it the Conference when the Session was over, went in body to the said tank. The procession was a most peaceful one and everything passed off quietly. But after about two hours some evil minded leaders of the town raised a false rumour that the depressed classes were planning to enter the temple of Vireshwar, whereupon a large crowd of riff raffs were collected all armed with bamboo sticks. The crowd soon became aggressive and the whole town at once became a surging mass of rowdies who seemed to be out for the blood of the depressed classes.
TWENTY
WOUNDED
The
depressed classes were busy in taking their meal before dispersing to their villages. When
a large part of them had left the town the rowdies entered the kitchen where the depressed
classes were taking their food. There would have been a regular battle between the two
forces ; but the depressed
classes were held back by their leaders and thus a far more
serious riot was averted. The rowdies finding no occasion for provocation began patrolling
the main street and assaulting the members of the depressed classes who in stray batches
were passing along on their way to their villages and committed trespass in the houses of
several depressed class people and gravely assaulted them.
In all, the number of wounded, among the depressed classes is supposed to be as large as
20. In this the attitude of the depressed classes was commendable whereas the attitude of
many of the upper classes was unworthy. The depressed classes assembled vastly
out-numbered the upper classes. But as the object of their leaders was to do everything in
a non-violent and absolutely constitutional manner they set their faces against any
aggression on the part of the depressed classes. It speaks a great deal in favour of the
depressed classes that although the provocation given to them was immense they kept their
self-control. The Mahad Conference has shown that the upper classes are not willing to
allow the depressed classes to enjoy such elementary civic rights as taking water from
public water-courses.
The
most reprehensible part of the conduct of the upper caste
Hindus in Mahad and Kolaba
District was that messages were sent immediately to the different villages aslang the
upper class people there to punish the delegates of the Conference as soon as they returned to their respective villages. In obedience to this
mandate assaults were committed on a number of Mahars
returning from the Conference either before or after they reached their villages where the
depressed classes have the disadvantage of being overwhelmingly out-numbered by the upper
caste Hindus. The leaders of the depressed classes have appealed to the authorities for
protection and the District Officials including the D. S. P. are making enquiries on the spot. It must, however, be
stated that if the Resident Magistrate had not allowed two precious hours to pass without
doing anything the riot would have probably been averted.
Item
No. 5
(From
Young India 5th May 1927)
MAN'S
INHUMANITY TO MAN
In
another column will be seen an extract from Navajivan of a most disgraceful case of
calculated inhumanity of a medical man towards the dying wife of a member of the
suppressed class in a Kathiawad village. Sjt. Amritlal Thakkar who is
responsible for giving the details of the case has withheld the names of the place and
parties for fear of the poor suppressed class schoolmaster being further molested by the
medical man. I wish, however, that the names will be disclosed. Time must come when the
suppressed class people will have to be encouraged by us to dare to suffer further
hardships and tyranny. Their sufferings are already too great for any further sufferings
to be really felt. Public opinion cannot be roused over grievances that cannot be verified
and traced to their sources. I do not know the rules of the Medical Council in Bombay. I
know that in other places a medical practitioner, who refused to attend before his fees
were paid, would be answerable to the Council and would be liable to have his name removed
from the Council's list and be otherwise subject to disciplinary action. Fees are no doubt
exactable; but proper attendance upon patients is the first
duty of a medical practitioner. The real inhumanity, however, if the facts stated are
true, consists in the practitioner refusing to enter the
untouchable's quarters, refusing himself to see the
patient, and refusing himself to apply the thermometer. And if the doctrine of untouchability can ever be applied in any circumstances, it is
certainly applicable to this member of the profession which he has disgraced. But I am
hoping that there is some exaggeration in the statement made by Sjt.
Thakkar's correspondent and, if there is none, that the
medical practitioner will himself come forth and make ample amends to the society which he
has so outraged by his inhuman conduct.
READ,
REFLECT AND WEEP
There
is a school for the children of the suppressed classes in a village in Kathiawad. The teacher is a cultured, patriotic man belonging
to the Dhedh or
Weaver (untouchable) class. He owes his education to the compulsory education policy of
His Highness the Gayakwad and had been doing his little bit
for the amelioration of his community. He is a man of cleanly habits and refined manners,
so that no one can recognise him as belonging to the untouchable class. But because he had
the fortune or misfortune of teaching the children of his own community in a conservative
village in Kathiawad, everyone regards him as an untouchable. But unmindful of that he had been silently working away. There are some
moments, however, when the most patient man living under intolerable conditions may give
vent to agony and indignation, which are evident in the following letters from the
schoolmaster. Every little sentence in it is surcharged with pathos. I have purposely
omitted the names of the village and all the people mentioned in the letter, lest the
schoolmaster should come into further trouble.
Namaskar.
My wife was delivered of a child on the 5th instant. On the 7th she was taken ill, had
motions, lost her speech, had hard breathing and swelling on the chest, and her ribs were
aching painfully. I want to call in Dr.— but he said '
I will not come to the untouchable's quarters. I will not examine her either.'
Then I approached the Nagarsheth—and the Garrsia Durbar—, and
requested them to use their good offices for me. They came
and on the Nagarsheth standing surety for me for the payment of Rs.
2 as the doctor's fee, and on condition that the patient would be brought outside the
untouchable's quarters, he consented to come. He came, we took out the woman who had a
baby only two days old. Then the doctor gave his thermometer to a Musalman who gave it to me. I applied the thermometer and then
returned it to the Musalman who gave it to the doctor. It was about eight O'clock, and
having inspected the thermometer in the light of a lamp, he said: ' She has pneumonia and suffocation '. After this the doctor
left and sent medicine. I
got linseed from the market and we are applying linseed poultice and giving her the
medicine. The doctor would not condescend to examine her, simply looked at her from a
distance. Of course I gave Rs. 2 for his fee. It is a serious illness. Everything is in
His hands !
II
The
light in my life has gone out. She passed away at 2 O'clock this afternoon.
Comment
is needless. What shall one say about the inhumanity of the doctor who being an educated
man refused to apply the thermometer except through the medium of a Musalman to purify it,
and who treated an ailing woman lying in for two days worse than a dog or a cat? What
shall one say of the society that tolerates this inhumanity ?
One can but reflect and weep.
A.
V. THAKKAR
Item
No. 6
(From
the Times of India dated 1-4-28 and 10-2-28)
TYRANNY OF HINDUS
Mode
of life laid down
Last
May high caste Hindus, viz., Kalotas,
Rajputs, and Brahmins including the patels and patwaris of villages Kanaria, Bicholee Hafsi, Bicholi Mardana, and of
about 15 other villages in the Indore district informed the
Balais of their respective villages that if they wished to
live among them, they must conform to the following rules :—1.
Balais must not wear gold lace bordered
pugrees; 2. They must not wear dhoties
with coloured or fancy borders; 3. They must convey
intimation of the death of any Hindu to relatives of deceased—no matter how far away
these relatives may be living;
4. In all Hindu marriages, the Balais must play music
before the processions, and during the marriages; 5. The Balai women must not wear gold or silver ornaments ; they must not wear fancy gowns, or jackets ;
6.
Balai women must attend all cases of confinement of Hindu women
;
7.
The Balais must render services without demanding
remuneration, and must accept whatever a Hindu is pleased to give; 8. If the Balais do not agree
to abide by these terms, they must clear out of the villages.
BALAIS
REFUSE COMPLIANCE
The
Balais refused to comply;
and the Hindu element proceeded against them. Balais were
not allowed to get water from the village wells; they were
not allowed to let go their cattle to graze. Balais were
prohibited from passing through land owned by a Hindu ; so
that if the field of a Balai was surrounded by fields owned by Hindus, the Balai could
have no access to his own field. The Hindus also let their cattle graze down the fields of
Balais. The Balais submitted
petitions to the Darbar against these persecutions ; but as they could get no timely relief, and the oppression
continued hundreds of Balais, with their wives and
children, were obliged to abandon their homes in which their ancestors lived for
generations, and migrate to adjoining States, viz., to
villages in Dhar, Dewas, Bagli, Bhopal, Gwalior, and other States.
COMPULSORY
AGREEMENT
Only
a few days ago the Hindus of Reoti village barely 7 miles
to North of Indore City ordered the Balais to sign a
stamped agreement in accordance with the rules framed against the Balais by the Hindus of other villages. The Balais refused to comply. It is alleged that some of them were
beaten by the Hindus ; and one Balai was fastened to a
post, and was told that he would be let go on agreeing to sign the agreement. He signed
the agreement; and was released. Some Balais from this village ran up to the Prime Minister, the
next day, i.e., on the 20th
December, and made a complaint about the ill treatment they have received from the Hindu
villagers of Reoti. They were sent to the Subha of the
District. This Officer, with the help of the Police, made inquiries at the village, and
recommended that action be taken against the Hindus under
Sections 342 and 147 and against the Balais under Section
147, Indian Penal Code.
BALAIS
LEAVE VILLAGES
CASTE
TYRANNY
There
has been no improvement in the treatment of the Balais by the Hindu residents of certain
villages. Balais, it has already been reported, have been ill treated by the higher caste
Hindus. From the Depalpur Pergana alone, Indore District a large number of Balais have had to leave
their homes and find shelter in adjoining States. The villages from which Balais have been
forced to clear out are Badoli, Ahirkheral,
Piploda, Moor-khera, Pamalpur, Karoda, Chatwada, Newri Pan, Sanauda, Ajnoti, Khatedi, and Sanavda. Pamalpur
village has been altogether deserted, and not a Balai, man,
woman, or child, is to be found there. Nanda Balai, a resident of one of the above villages, it is alleged,
was severely beaten by the Hindus of the village. In one village, the report goes, the
Hindus burnt down all the dwellings of the Balais but the offenders have not yet been
traced.
Balais
are ignorant village folk, who are ignorant of legal procedure and think that if a
petition is sent to the Sirkar all that is required will be done for
them. They have not the knowledge, or the means and practice to pursue a complaint to its
end; and, as they, it is said in some cases, failed to
attend or produce witnesses in support of their allegations, the Magistrate had no
alternative but to dismiss their complaint.
Item
No. 7
(From
the Bombay Chronicle 25th February 1928)
ORTHODOXY
RUN MAD
ALLEGED
BARBAROUS TREATMENT OF "
UNTOUCHABLES "
CRIME
OF BEING MAJHARS
Mr.
Keshavaji Ranchhodji Vaghela from Ahmedabad has
informed Dr. B. R. Ambedkar, President, Bahishkrit
Hitkarini Sabha as follows :
One
Bapoorao Laxman and his
brother Kaurao have been residents of Ahmedabad during the
last six years. They used to mix with some people from the Deccan
belonging to Maratha caste, Kaurao's
two sons viz. Damoo and Laxuman used to take part in the Bhajan
parties of the Marathas. The latter, however, recently came
to know that the brothers Damoo and Laxurnan were Mahars by
caste and in order to ascertain this, two Mahars employed
on the Parcel Train between Surat and Ahmedabad were
specially called to identify Damoo and Laxurnan. After it was ascertained that Damoo and
Laxurnan were Mahars they were called at a Bhajan party at Kalupur, Bhanderi Pole, at midnight on the 11th instant. Asked
as to what caste they belonged to, Damoo and Laxurnan
replied that they were Somvanshis. This reply enraged the
Marathas who freely abused them for having defiled their persons and places. The Mahar brothers were also assaulted by the Marathas. One of the
brothers had a gold ring on his person. It was forcibly taken away from him and sold for Rs. 11. Out of this amount Rs.
6 was paid to the Mahars who had been called from Surat to identify the brothers. Damoo
and Laxuman entreated
the Marathas to allow them to return to their homes, the latter refused to do so unless a fine
Rs. 500 was paid. On the Mahar brothers pleading their
inability to pay such a heavy sum, one of the Marathas suggested that the Mahar brothers
should be fined only Rs. 125. But then one of the Marathas opposed the proposal for fine
saying that they should not be satisfied with fine, but should punish the Mahars severely
for their crime of concealing their caste. Having decided upon the course. the Mahar
brothers were detained and at about 9 O'clock in the morning
they were subjected to barbarous indignities. Their mustaches in the left side and eyebrows on the right side were shaved, their bodies
besmeared with soot mixed in oil and also with dirt,
garlands made of old shoes were put around their necks, and one of them was asked to hold
a broom in his hand and the other to hold a placard on which it was written that the
punishment was meted out to the culprits for venturing to touch high caste people. The
Mahar brothers were taken in procession consisting of about 75 people, a drum being beaten in the front.
A
complaint has been lodged with the Police by the said two Mahar brothers. The accused in
their statement have admitted that Damoo and Laxuman were treated in the alleged manner, but pleaded that. the
complainants had willingly agreed to undergo the punishment. Obviously Damoo and Laxuman were helpless when they
were abused, assaulted and threatened with severe punishment and actually subjected to
barbarous indignities. This case has created a great sensation among the people belonging
to the so-called untouchables castes and efforts are being
made to give proper legal aid to the complainants.
Item
No. 8
(Bombay
Legislative Council Debates 1927, Vol. XX)
(Part
XVI, p. 1373)
Dr.
B. R. Ambedkar:
Will Government be pleased to state whether there is any
rule prohibiting the enlistment of the Depressed classes in
the police constabulary force of the Presidency ?
The
Honourable Mr. J. E. B. Hotson :
There is no such rule.
Dr.
B. R. Ambedkar:
Will the Honourable Member please inform me why the Commissioner of Police for the city of
Bombay refuses to appoint depressed class members in the police constabulary if there is
no restriction ?
The
Honourable Mr. J. E. B. Hotson :
This opens up a very large subject, I can only say that there are practical difficulties
which are known to every member of this House, and which stand in the way of the more extensive enlistment of these classes in the police. There
is no prohibition against it.
N.B.—The
practical difficulties referred to by Mr. Hotson are evidently difficulties arising out of
untouchability.
Item
No. 9
(Bombay
Legislative Council Debates 1928, Vol. XXII)
(Part
II, pp. 96-97)
Mr.
R. S. Asarale:
Will Government be pleased to state the total number in the
clerical ranks in the offices of the various departments of [Government] ?
The
Honourable Sir Chunilal Mehta:
A statement giving the requisite information is placed on the Council Table :
|
Marathas
and allied castes |
Muham madans |
Depres-sed
classes |
Advan-
ced
Hindus |
Parsis |
Chris-
tians and Jews |
Total |
|
I
The Secre-tariat. Ill
Collector; of Bombay IV
Commissioner of
Excise. VI
High Court. VII
Bombay Police Courts. VIII
Com-missioner i of Police, Bombay. |
31 6 3 1 9 4 7 |
11 8 7 15 4 7 |
|
268 64 28 12 58 125 32 59 |
38 8 5 1 22 |
81 10 4 5 23 4 4 |
11 3 1 8 9 |
440 91 44 18 97 198 47 87 |
Item No. 10
(From
the Times of India
30th May 1928)
How
sincere the political lions are when they roar about the
disabilities and hardships of the Untouchables was clearly brought out at the Maharashtra
Conference when the question of the removal of untouchability
was adroitly shelved. Among the half dozen or so of
Protestants against this trick were men belonging to the Swarajya. One of
them wrote in that paper an outspoken article, exposing the general Hindu outlook on the
thorny problem, which throws much light on what the Maharashtra
Conference did. " While
speaking to me the other day," says the writer about the Samata
Sangha (Social Equality Society) of Poona, " a friend of mine
said : ' Because people like
you join them, these Chambhardas
and Mahardas (contemptible Chamars
and Mahars) become isolent '...... From this utterance one can realise what a terrible
hatred of the Untouchable classes still exists among the upper classes."
RESOLUTIONS
AND ACTS
The
sad reformer continues: "
Mahatmaji issued a proclamation that untouchability was a blot on Hindu dharma;
Swamy Shraddhanand and Lala Lajpatrai have said all
along that we shall never be able to win Swaraj if untouchability is not removed from
Hindu Society; during the last seven years resolutions for
its removal are being adopted by the Congress; but what is
the actual result of all these activities ? Utterances like
the one given above are still coming out of the mouths of highly educated persons! We pass resolutions in the Congress and the Hindu Sabha advocating temple entry of Untouchables and urging that
public tanks, wells, etc., should be thrown open to them. But when the time for putting
them into practice comes, we contemn the Untouchables, nay, we assault them and then proceed legally against them and send them to jail."
Item
No. 11
RESOLUTIONS
PASSED AT THE DEPRESSED CLASSES
CONFERENCE
HELD AT DAPOLI (District Ratnagiri)
1.
(a) This
Conference express indignation at the campaign of persecution carried on by the so-called
high caste Hindus in this district against the depressed classes for the refusal on the latter's part to eat the meat of dead animals.
(b)
This Conference is extremely grieved to find that the Police officers and Magistrates in
the district systematically abuse the depressed class people instead of giving them
protection against the tyranny and injustice to which they are being subjected by the
so-called high caste Hindus through impounding the cattle of the former, committing
assaults on them and making it impossible for them to obtain the necessaries of life in
the bazars by observing a strict social bycott against
them.
(c)
This Conference appeals to the Government to take steps for
having the usual baluta
remuneration paid to the Watandar Mahars who have been
deprived of the same by the high caste Hindu villagers owing to the former's refusal to
eat the carrion and carry dead animals, beg alms and do other unclean things.
2.
(a) Having come to know that in a number of villages it is
the Police Patel who countenances the campaign of
persecution against the depressed class people, this Conference requests the Government to
take proper steps against such Police Patels.
(b)
This Conference requests the Government to appoint in each
district a special Police Inspector from amongst the depressed classes for the protection
of these classes and to admit recruits from these classes in the police service.
(c)
This Conference requests the Government immediately to quarter punitive police under the
command of military pensioners belonging to the depressed classes, at the villages of Vadval, Matven, Tulsi, Degaon, Mandan-gad. Satara etc. at the expense of the so-called high caste Hindus
residing in these villages in view of the fact that owing to harassment
and social boycott and open assaults it has become impossible for the depressed classes to
live in these villages.
3.
This Conference is emphatically of the opinion that no further instalment of
self-government be given to India except with proper safeguard for the interests of the depressed classes.
Item
No. 12
(From
the Bombay Chronicle dated 20-10-27)
MUNICIPAL
SCHOOLS [ IN THE CITY OF BOMBAY ]
The
Schools Committee has made itself ridiculous by taking fright at the little question of drinking "lotas" (pots). It
seems that, in spite of the Corporation's resolution that there should be no caste
discrimination in the Municipal Schools, " depressed " class children are given separate pots for drinking
water. A sub-committee of the Schools Committee recommended that all children should be
given the same pots. But the members of the Schools Committee gravely
cogitated over this recommendation and entertained all
sorts of fears. Some said that the change would be resented by the caste Hindus; evidently, the resentment of the " low " caste Hindus does not count for much. Prof. V. G. Rao said that it was a
revolutionary change and Mr. D. G. Dalvi, himself a well-known social reformer, added to these
fears a legal one, that some parents might file a suit against the Committee. Ultimately
the Schools Committee referred the question back to the sub-committee, which was
tantamount to saying that the latter's recommendation was
not acceptable to them. A
CALCULATED
INSULT
The
fears mentioned above are absurd, as every boy is expected to wash a pot well before using
it, on sanitary and—if he is so minded—-on caste grounds. That a pot once used
by an " untouchable "
boy becomes itself untouchable or unusable by the "
high " caste Hindus in spite of its being washed
clean, is a calculated insult to the unfortunate "
depressed " classes, which we certainly did not expect
the Schools Committee to countenance. Mr. Dalvi stated that in view of compulsory
education in some Wards parents might file a suit against the Committee " for enforcing an obligation which was by no means a
legal one ". But nobody is under an obligation to use
the common pots in the schools. Those parents who are so over scrupulous may give their
own pots to their children and thereby protect their "
religion ". As for the "
depressed " classes the insult to them remains, whether they bring their own pots or betake
themselves to other schools where better notions of justice prevail.