29
Dba tOI fQunUtz a GmUUJ&§ 2r PoliOH o( !£he adoJtion of the poUey of Reservations for the Schedulod castes marks the oult!inat1on of the efforts ot thoso forces whioh sought equal1ty tor the Sohedule6 Castes through constitutional and legal protectlVG measures. This urgG for equality s8Dcbronls1ng itself wlth the national1st struggle was neither B sudden desire nor a novel aspiration. In the course of social deve1.opment. even witbin the hierarchies pattern of Indian SOciety, the urge tor equBlity and -enbancoment of status was a continual motive force which manifested 1tse1f in various forms througb var10us mobil1ty attempts. 1 fhese mobility movements are but expressions of reactions aga1nst lneQuauty in statuses. These roactions prompt mobWty aspiring gro')ps. to 01 ther move tcwartls the oppressor. move against oppressor or move away from In attempt to move towortls the oppressor. the value s9stem and way of life ot the referenee' group are AI - 1. Supra. See, Chapter-I. 2. Tbe oategorisat1on lnto these three tonns bas been put forth by t.F. Pettlsgrew, • A ProfUa of the Negro. American', Princeton, Van IJOstrantl. (1964) Ch.l, cited 10 Adamson, • Seheduled Caste Members of Parliament : Att1tUdOS l Probloma and Pro.jrammeS'l unpubllshed D1asertat on. Universlty of , 01.975), Ch.1.

Beserv@tlon~ - INFLIBNETshodhganga.inflibnet.ac.in/bitstream/10603/16497/9/09... · 2018. 7. 9. · Dba tOI fQunUtz a GmUUJ&§ 2r PoliOH o( Beserv@tlon~ !£he adoJtion of the poUey

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

  • Dba tOI fQunUtz a GmUUJ&§ 2r ~~! PoliOH o( Beserv@tlon~

    !£he adoJtion of the poUey of Reservations for the

    Schedulod castes marks the oult!inat1on of the efforts ot thoso forces whioh sought equal1ty tor the Sohedule6 Castes

    through constitutional and legal protectlVG measures. This

    urgG for equality s8Dcbronls1ng itself wlth the national1st

    struggle was neither B sudden desire nor a novel aspiration.

    In the course of social deve1.opment. even witbin the

    hierarchies pattern of Indian SOciety, the urge tor equBlity

    and -enbancoment of status was a continual motive force which

    manifested 1tse1f in various forms througb var10us mobil1ty

    attempts.1 fhese mobility movements are but expressions of

    reactions aga1nst lneQuauty in statuses. These roactions

    prompt mobWty aspiring gro')ps. to 01 ther move tcwartls the

    oppressor. move against oppressor or move away from oppressor~

    In tt~ attempt to move towortls the oppressor. the

    value s9stem and way of life ot the • referenee' group are

    AI -1. Supra. See, Chapter-I.

    2. Tbe oategorisat1on lnto these three tonns bas been put forth by t.F. Pettlsgrew, • A ProfUa of the Negro. American', Princeton, Van IJOstrantl. (1964) Ch.l, cited 10 Adamson, • Seheduled Caste Members of Parliament : Att1tUdOSl Probloma and Pro.jrammeS'l unpubllshed D1asertat on. Universlty of r~ssour , 01.975), Ch.1.

  • • tOllowea.3 The process of Senekr1t12at10n.4 reference

    aroup behaviour through the adoption of the pattern of

    'imitation,6 and t1dent1tlent1on t 6 :~ ~ adopted WIder

    this process. ~h9 attempt hare 1s sel.f-regulatory modelled

    on the actions anci behaviour of tho reference grouP.

    The proceaa of mov1ftg against 1s s1gnlt1eti by

    changes in the soeio-economlc structure affecting caste

    rules.? Chaoges suoh as through state lntcnent10n 1n

    regulating agrar1an rel.atlons are direoted agalnot the

    trad1t1onal system.8 Organlsstlons among the lower castes

    aleo sought to unity lower cute groups by worldng against

    caste rules. 9 lncreased poUtlcal consc1ouaness and

    - • • E .. IF 3. 1'he reference group theory as dsve10psd b1' l~ton.n.K ••

    t gQg1pJ. a:1U~O~.J and Sgcial G~., Geoneoe Free Press, (195? has been used bg Synch (1969), ~.~. end Patwardhan (\q 13 ) 2P..~.

    4. supra, Sr1nivas' concept of S8nskrlt1a8tlon has bean elabol' ateci in Chapter 1.

    S. Hero, the ~s an~ behaviour of the roterence group are accepted an r1ght and6roper or as usefu1 and tberefore to be im1tate6 ~, thO group making the reference. SCe, Lycb, 2Q..Q1..t.. p.10.

    6. Here, there 10 en 8t~empt to identify With the referenoe group to Vblcb membership is claimed.

    7. The movement 66fl1nSt oppmassor has been epndne6 by Slverton (1963) sm..AU.., PP. no.120, c1te6 in Mamson. QQ..~.

    8. ~S4.

    9. !!1!4.

  • • eo •

    awareness among the lower caste groups arG also

    significant factors 1n the movement against oppressor.

    Use of po1.1t1cal stl~ucture and preoesses. the increasing

    concern of politioal author1ties, b~lnS about the

    pol1tical integration of the lower caste ~rcupslO

    the movelLent away from the oppressor is exemplified

    by conversion into egalitarian relig1cns from HindU caste

    sooiety. . Where hope gives wBI to desperation. chnnge of

    rel.1g1on comee a natural outcome. Tho cl.ass1c example 1s

    that of the movement of the Mabars (and the J atavs )

    ettempt1Dg to escape B10du caste oppression by embraoing

    the »Uddblst faith.

    Directed change and the adoption of the pOlicy of

    'protective disor1mlnatlon t is a movement against tbe

    oppressor. The deman6 tor recogn1tion and po11tical status 1s aimed at counter1ng caste oppression and lnequalltiOs

    through pol1tical strengtb and power.ll ~he movement for

    acqulring polit1cal r1gbts,power and privileges as a means

    to enbancL~g the status and pos1tion of the Scheduled

    Caste 1n society bega.n during tha Indian struggle for

    independence.

    ••

    10.

    r ___ _

    The process of • po1.1tlclzat1on' has been termed by Linch as • d1ohotorn.1Zatlon' to refer to a typo ct social integrat10n brought about by the introduction of po1.1tlcs into the dyadic relationship of the statuG groups, 10 th1s case, tbe Untouchable and the Non.Untouchabl.e. Lynch (1969), sm..C!t., p.16 ff.

  • One of the ear110st issues that emerged during

    the struggle was whether or not social reform sbould fom

    a part of the political struggle or whether 1 t should be

    lett to social reformers and soc1al organisatlons.12 Tho

    Indian National Congress, vh1ch spearbeRded the nationalist

    strugg1e. debated th1s issue. Dadhabha1 N~crojlt presiding

    over the second session in 1886, declared that the sub300t

    of social reform was not within tho purview of the Congress.

    the Congress vas a nQtlonal organisation comprising of

    different groups and. hence. problems relating to particular

    groups (comnun1t1es) eould not be a matter tor concern tor Congressmen. S1m1lar views WGl'G &1so expressed by other

    auccee61ng Presidents of tbe Con gross at its subseQuent

    sea&ions. .La 1896. Surandraneth Banerjee declared that the

    struggle of the Congress ",as a political ~a.na not a scetal

    moven.Jt)Dt .13

    .. _. 11. Farquhar Dotes thAt among aueh lew-caste movements

    earls i.n the century, are those of tho • Tlyas' ot {\~abar anel 'Vokkallgas. of Mysore. Alsea in 1910, tho Mahar conmunl ty in Maherashtra 6r~1 up a memorandum to the tben secretary of State tor India, requesting that certain priVileges which their fethers enjoyed 10 the Incian armr be restored to them. Notebl.e Olso 1s tbe case of the tlamasudra of Bengal . In a conference held in 1910, they resol"ed to (unlte~) plan for their adVAncement. 'lila ISR (Vol..XXI, 39?) notes that during the period the sweepers of Jullunder started a SOCiety calle~ 'Valmik1 Sama3' to defand their interests. Saet Farquhar, J .l~., Iq6,@l',D Rf!l.1s1oUB ti9.vem~nta In._!D.&J!.,

    12. See, AmbOCkGl', a.F .• , (1946), 2P..Q!t.. 13. Cited by ~bedkert B.R. t ~.t Cbapter 1.

  • • 62 ,

    ~here were, however, cortain other leaders of the

    mQvement who felt that the movement should not be wholly

    d1vorce4 from soclel issues. Slde bl side with pol1t1enl

    questtons, questions affecting Indian so01al econo~ should

    also be discussed, and the best endeavours of all should

    be to vera tOIl vitalizing Hindu society by removing all

    soe1al. evUs and sooial. wrongs.14 As a resul.t of the

    efforts of ,1.0. RanBdG, D1'IOO 13aha6ur Ragbu.'lsth Rao and

    others, the Indian National Bcetal Oonference vas set up as

    a sooial wing of the Indian National Congress. Concern

    for tbe Depressed Classes ana tl.elr uplift d1d not figure prominently 1n tbe ~~rk of the Conf~ence.

    The c~a1ms of the Depressed Classes 8S constItuting

    an important factor 10 natIonal reconstruotion came to .he

    fore-front of' the national Goene 1n 1917 pr10r to the

    declaration of the 1919 Nontaga.Chemsfor6 Reforms. At its

    1917 sesslon, the Congress urged upon the people of IndiQ

    the necessity justice ~1d righteousness of removing ell

    cUeabU1tles imposed by custom ~on the L'eprassed Classes .16 At this sessloD, its Cha1rmano C1r N. Chandavarkar, in a

    resolution declared that due to the degrading condition of

    the Depressed C1asses, they were beh1n~ the rest of the

    population. being unable to secure opportunities tor their

    -. I. • • • • I •• 14. ~.

    15. SitarSbt9yya, P.l fhe History of the mo, Published by tl G itIork1ng committee of the Congress on the occas1on of the 60th anniversary, Vol.l (193S)eP.86.

  • • improvement. th1s Rosolution demanded that the Depressed

    C1asses be g1ven the r1ght to eleet their own representa-

    tives to tbe Counoils 1n proportion to their numbers.

    WbUe reiterating t he need and urgency of removing the

    d1sob1l1t1es imposed by religion an6 custom upon the

    Depressed Classes, the Resolution also demandod the

    adoption of a free and compulsory Sf atom ot a

  • ~he result of the force of th1.s demand were the

    provisions relat1n~ to Depressed Classes in the Reforms of

    1919 wbleb put the stamp of formal governmafJtel acoeptance

    of the demands of the Depressed Classes for representation

    in tlle Provincial Leg1s1et1.vG Councils for the fIrst time.

    The composition of the Provincial Legislative Councils, as

    laid down in the electoral rules following the Act of 1919.

    included 8.G per cent non-Officials who were nominated to

    represent speoif1ed classes or interests. whioh 1nelu~ad

    the representation of the Depressed Classes also. Prior

    to th1s, the southborough Cocmittoe of April, 1919 on

    franchise had also tlugl~ested measuras for representation

    of Depressed Classes in proportIon to their population.

    7his was followed by the Report of t~,e Reforms Commt ttee

    in 1921, which sought fUrther exton s10n ot frenoh! sa and replesentat1cQ of the Depressea Classes.

    InitiallYt the Reforms Committee of 1924 recommended

    that reprosentat1on of tbe Depressed C~asses 1n tt.e

    Provincial Councils should be increased end local governments

    should formulate plans tor a system of election for---reprGs~~tatlon of the Doprosse6 Classes. However. this

    was opposed by tt·e rnaj rity cow un1 ty tfhIeh held that in

    their op1nlon the existing electorate vas lneX!)er1enoea.

    The m1norlty community opinion, on the other hand, 616 not

    favour &~ec1al eloctoretes on the principle that the

  • • 65 •

    Depressed Classes should be given their chance through

    the t open dOer' of election, by a widening of the general

    eleot~rate. ~he local. gcvermoonts pOinted out the

    d1fficulties involved 1n aiviolJ increased representation

    by election. they held there was no clear cut lines of

    distinction between the castes which eou16 be 6efined as

    depressod and other castes of the agricultural. eommunity,

    which were almost equallY baelfWp.rd. Benee, the Reforms

    COmmittee provided tor extension of represontation for

    the Depressed CIQSSOO vlth1tl the system of nom 1.nat1on.19

    'labl.e 2.1 sh(1wS the proposed seats for

    representation of Depressed Classes aooording to tho

    SOuthborough Committee (1919) and the Roforms Comlttee

    (1924). ~t may be scen that, even though the proportion

    of representation proposed 1n the Southborough Co~m1ttee

    and tne neforms Committee (Where there use e sligbt increase

    from nearly 1 per cant of seats for Depressed Clsosos to

    nearly a.s per cent)was nOminal, its significance lay in the general acceptance of the pr1nciple ot a scheme of reservatlon of seats for representation of tho f:epressed

    Classes. In a memorandum submltted to the Refcrms

    Committee (1924>. l>l.C. Rajah (Honorary Secretary, Madras

    Ad1 DraVi de ftahaj ana 5abha) held that 16 per cent ot all the posts in the superior service must be reserved for the

    _. ... .. 19. Report of Reforms Enquiry CommitteE!o 1924. pp.54-S6.

  • Table 2.1 , ReprgsentaUon of »SEeeBed ClaaS08 811 proposed by South .. Borouah ~ttee 1919 and Reforms Commi,ttee 1224

    ~ ..................... ~ .... ..,... ___ ............... __ .................. ~._ .. __ .. _~ __ ....... .--..... __ .... ....... a.- ..... _... ...••• .. ._._ ........ . , Total ; POpula- • Reco~UoD of SEC : Recommell4aUon o£ 1924 BC

    ~noe : popuJ.a,. : tiOD of : 'loW : Seats : % or DC : Total : croW • b.c. ...,. : % or 5B : tiOD : D.C. , No. of : tor DC : seat. to : No. of : (110~ (DOmlnated): aeate to : (mI.) : (JIll.) : s •• 's: ; total : •• at. : ad) : : total • • , .f, • aeata' , member.. • aeat. •• ••• a.a\. a. ••• I •• ....... ... •••••••••• _. a. Ie .v we ~ ••• ........... • ..... .... AI. ••• • a ••• L • L • _. • ... .......

    Ma.4fta '9.8 6., 120 2 Bombq 19.' 0.6 U, 1 BaDgal 45.0 9.9 127 1 United Provine .. 47.0 10.1 120 1

    Punjab 19.5 1.1 85 -B1haT & Orissa ~2.4 9., 100 1 Cenual i Prorincu 11 a1u41ng atTtar 12.2 ,.7 12 1 Assam 6.0 0., 54 -

    1.66 132 0.88 114 0.18 140

    0.83 12, • 94

    1.00 103

    1.38 73

    -

    11

    8

    4 , ;

    9

    1

    1

    10

    2

    1

    1 -2

    4

    -

    1 .. 56 1.15 0.11

    0.81

    -1.94

    5.48

    -~ __ ~ ... ~_ •••.• ' •.. ____ ~ __ ._~~ ••... _ ••. _.L~_~_' .. I __ ~ ___ ~._ ... _'. ____ . __ .. _ •. ~_.'· . _-- r ••• _ • 221.4 791 7 20 2 .If.

    •••• .~.-..-_ ..... ., ... _ ... _aaa .............. .-.-...-........ _______ •••••••• __ •• __ ................ a_ •••••• I ........ _._ ... .....

    soureo. It B.H. Ambedkar 'What Congress GIld Gandhi haYO dona to Untouchable. (South Borouab Colmittee) 1919)

    .. G'wyer and APPadora1 - Speoches and documents of India's Conat. (Roforms Committee 1924).

    D.C. - Depressed Claaaee SEC - SOuth Borougb COmmittee

    RC - Re£orma Comltte.

    ~l. • millions

    -C\ 0\

    -

  • , 67 •

    members of the Depressed Classes, and a slmtlar parcent~ge

    must also be reserved 1n the Provincial and subordinato

    serv lces. 20

    ~ha Simon COmmission reeomr.!ended joint electorates

    vitb reservation of saato tor Depressed Classos. However,

    the recommendation of this Conmlss1on was deplore6 as a

    scbeme which recomnended joint eloctorates with a system

    01: • cort1fied oandidates' .21 aao Bahadur R. Sri!!! vas an •

    declared 10 a speech that • cart tf1eot1oot of candidates

    deprived electorates of their rights to choose their

    ropl'esentatlvaa and, 1f the Govornor who bad to certify he,

    happened to be e HindutJlcould use this power of certification

    in the interests of a pru'ty instead of the lnterests of the

    Depressed Classes' .22

    Foll.ow1ng the Reforms Comm1ttee of 1926, the next

    significant stege 1n the representation of tho Depressed

    ClaSses crce up during the debate and dellberatlonspr1or

    to the GovernClent of India Aet of 1935. fhe occasion was

    provided by the Roun~atle Conferences sat up to discuss

    the Inelian constitutional problem. The first of the

    Conferences began in London on 12th November 1930 •

    • K

    20. lb1.d., Appen&x No.5 to Report of Rafcrms &lQuiry Co'iMD1t;tee, PP. 51-57.

    ale 'Certified candidates' implied that the candidates bad to be cert1fied by the authority (the Governor) that tb$f belonged to the Scheduled Ceste oommunity.

    Speecb by Rao Babadur ~. Srinivasan at the r.T.C. sess10~lt 30th November 1931,p. 166.

  • 68

    Ambedkar represented the ~epreGsGd Classes 1n the

    Conference (the conference waG bo.ycotted by the Congress).

    the slgn1ficant work of the Conference l,as the setting up

    of 9 MJ.:lor1tles Committee, to consider the provision to be

    made to secure the willing cooperation of the Ddnorities

    and $P8cl81 interests, and 8 Franchise Committee to

    cons1der the prlno1p1es on which the franchise vas to be

    based.

    The r4.nOJ>ltlas Committee was 9 mg,jor opportunity

    provided by the Government to the Depressed Classes to

    put forth their cla1ms of representation. The ~anoritles

    SUb-Committee claimed tbet,undar the proposed Constltuion

    the interests of the mnorltles shcul~ be sate~ardet1.

    Bence, it proposed the inclusion of Q declaration of

    tundamental rights 1n the Constitution safeguarding tho

    cultural and religious Ufe of various comnunltles nn4

    securing to ever, indiVidual. uithout discrimination as

    to race. CaBte. oreed. or sexe tbe £reo exeroise of

    economic. soc1al and civil rlgbts.

    Cl.a1ms were also adVanced beror~ the Committee that

    spec1el. representation end fi~d proportion of seats sboUld

    be provided on tho basis of t separate electorates'. It

    rejected nOminatlon as a mothod of representation.

    As part of the spec1al claims of the repressed

    Classest it was elso put forth that the Constitution nahall

    declare invalid any custom Or usage by Which any penally or

  • I •

    dlSadvantage or &'sab1l1ty upo.. .. or any discrimination 1s

    made against an, subject of the state, 1n regard to the en301ment of the civil. rights on acoount of untouChabU1t~

    ~be Deprossetl C~asses also claimed generous

    treatment 1n the matter of recruitment to public servioes

    and the cpe.'llng of enlistment 112 the pollce and mlli tar,

    services. In a supp~ementory memorandum on the claims of

    the Depressed Classes for special representation. Ambe6kar

    and Bao Bahadur R. Srln1wsan submitted that 1n the

    F&aeral Legislature representation shoul6 be provided to

    the ~ekvard Classes ~roport1on to their population.

    Special. representation should also be prov1dca~ in Provincial

    Legislatures. ~be method of representation in the

    Prov1nclal and Central Leg1slatures, it was held, should

    be tbJ'ougb separate electorates of their votes. I t was

    pOinted cut that 10 the Upper House, tho Depressed Classes

    VOu16 ag~ee to ab~~6on their right to separate electorates

    so far as representation was ooneerne~ subject to the

    proviso that in any system of proportlo~al representation.

    arrangement sball be made to ffU~antee to the Depressed

    Classes their quota of seats. The signatories also

    appeal-ad that the nomenclature of • Depressed Claeses'

    shoul.c1 be changed and replaced by such terms r:f reference

    as • non.conformist lI1.ndust or • Pro~estant Hindus' or

    non~e&Ste H1ndus.24

    -as. Report of the l'"unorltles sub.Commlttaet Round 'l'able

    Conference. Proceedings. Appendix.

  • • 10 ,

    ~he Franchise Ccmntttee undertook tl.iO task or

    anal3sing the question of the extont to which the Depressed

    Classes woul.4 be likely to secure the right to vote tbrough

    Benere1 extension of franchise (tbat the Committee may

    rec~Dd). For t14s pur~ose of enfranohisement the

    COUlU1ttee opined that the term • Depressed Cl.asses' should

    be appli.ed 01113 to those "ho are untouchables. and that it

    should not inolude pr1m1 tlves or aberl,!1nal 'lr1bes. nor

    those U1ndus uho wera only economically poor or backWard

    In other ways but ere not regarded as untouebablea.26 As

    regards the test ot untouchabllity. the Oommittee en60rsed the teata s& laid eown by the Census ~9port of 19U (later

    accepted by Census Report of 1931). The tollowlng vere

    tho possible tests that the Census of 1931 laid down ift

    attempting to elaborate the mcumiag of untollchability.Sa

    1. Whether the caste (class) 1Q questJ.on can be served by clean Brabmins or not.

    2. t'Dlether or not tellors w11l nlBke or mend clothes tor thom.

    ••• • .. ~ 1111 • • E;uppl.ementary Memorandum submitted by BJi. AmbGt'Utar and I~ao Balladtn' Sr1a1vB$8n to the sub. Committee en l'l1nor1t1eSt RTC, in II Repol't ot 1:1nor1tlea COmn1sS10.ft, Appondix Vl1t PP. 74-76.

    as. Report of lndian Franohise Committee (1932>' Vol.I, p. 109.

    26. 'Iho Exterior Castes in Census or 1931, VOl.I & General.

  • ; 71 I

    s. W hather or not barbers and dhob1es (washorman) and uater-carr1ers wID serve.

    4. The question of ritual. pollution by proximity or contnct.

    5. Whether caste ll1.'Idus will take vater from the ban

  • • 72

    A number of clalms were submitted to the Francblso

    Committee by various Depressed Organisations of the

    Provinces anci states. The, demanded 10 general extension

    of franchise hI a lowering of franchise qualifications and

    establishmont of separate electorates, vere agrlnst

    presoribing eClucatlol'1al. Qua11f1catlon. and demanded adult

    francb1se tor Depressed Classes. It 1s interesting to

    note here the dl~16od opinion between two Depressed Class

    organisat1ons. '.the' Dayenand Delit Udh&r iliSndal (an ~e.

    Sama3 organisation) stood for jo1nt Glectorote witb no

    reservation of seats and opposed separate electorates.

    'lhe lfan601. held tl;Rt separate electorates wul~ provo

    suic1dal to the ultimate interests of the Depressed Classes.

    It would result 1n the perpetuat10n of untouchability,

    wb1le the Arya Samaj and othor Hindu reformist bedias were

    GltOl't1ng ~ air utmost to do away vi th the evU of'

    untoucbab1lity .as ~he other organisation 'Ad.Dharm ~.andal' which was an aesoclatlon of the Depressed Classes and was

    supporting the Claims of Ambedkar t sougbt separate a.~a

    special representation fer the iepreae~d classes.29

    Ln e memorandum Gubmitted to the Franeilse COFmltte9

    the All-India Depressed Closs Assooiation held that

    provision tor adequate representation shou16 be made 10 the new Constitution through a system of reserved seats

    2s.

    29.

    L 1

    Memorandum presented by DaYf'nand Dal1 t UdhAr r·1antlal in ~anch1se Corrmittee, Punjab. Vol..V t pp.19-24.

    !lW1.

  • • 73

    (th~ AssoOiation opposed the system of nOmination) on tbe

    bas1e of their populatlon. !he Association also sought

    that the Depressod Classes community ohculd be called

    Ad1-H1odu meaning original, pure and direct descendants of

    ancient Blnc1us. M.C. Rajah (9 prOm1.nent lea6er of the

    Depresse~ ClaSSGS ana the f1rst Indian to be electod to

    tbe LegislatiVQ Council. Madras), WhO led the deputation

    of the assoc16tlon, ravou1'Ocl jOint electorates with

    reservation of seats. He held that even reservation of

    seats sbou14 be for a sbort dUJ'atlon of ten or twenty years

    and stated that uas not Q lc~g term solutlon as the real

    problem of tbe J)opressetl Classes tJOS social and not

    political.

    ihe attitudes. opinions and reaction to the

    granting ot special rigbts of representation for the Depressed Classes were varied. Under the leadership of

    Gandhi. the Congress vas stoutlt opposad to the views put

    fortb bl the 111:10l'1t108 Pact anCl Franchise Cczmd.ttee Report.

    Claindns to be the reprosentative of the Congress and se to 95 per cent of the total 1061ao population, Gandhi declared

    1n 8 speech botors the Minorities C~lttee on lath November

    1931 that the agreement regarding spec1el representation was

    not desiened to achieve responsible government and that the

    Congress would rather wander indefinitely in the w1~derness rather thAn lend ltseU to the fJ1'Oposal under which the

    bardy tree of freedom an

  • I 74 •

    nGVer gl'ot~. 30 Ga.'1ah1. thus Vehcmentl.y opposec! special

    representation tor the Depresse~ Classes as 1t would split the Hindu community and compel. the untouchablos to

    Itemain untouchables for all time. Gandhi held that • an

    a representative of the Depressed Classes

    I would not sell the Vi. tal interests of the untouobatla even for the Sake of mnning f'rOedom for India. I claim that 1n rrq own person I repros-ant t·he mass of unt()~Cb8bles. 31

    Reprosenting the Government opinion. Str Harbert

    Carr held that loint eleotorates uoulci eventually be

    adopted. Meanwhile. he s~po~ted the minor1t1eo claim

    sa~~ng "that speoial representation so essentia1 10 tho

    eXisting circumstanoes wol~d not perpetualfl • 32 Prime

    M1nister Ramsea Cfac"Donala e~ressed the view that the '"'

    1nabUlty to sol.ve the comnunal question was hampering

    the proar8ss of eonst1tutlon-buUcU,ng anti its solution was

    1ncUspensable prior to bUUdlng en9 such constl tutlon. As

    the sele repr es en tat 1 va of the Congress, Gandhi's speech at

    thG 11 session of the Round Table Conference was 8 final

    bid and appeal to the government not to yield to pressure

    ter the demand tor special representat10n of the Deprossed Cl.asSGs.33

    30. ~lmes of Ind1a, 14th November 1931, PP. 13-16.

    31.. a1d.

    sa. ~.

  • • 76

    However. the cla1uts for reservation of seats for

    D$pressed Classes came strongly and toreefull3 from both

    Ambedker ana Re,o Dahadur n. Srinivasan "ho represented the speoial 1nterests of the Depressed Classes. Ambedkar

    asserted that the problem of the Depressed Classes must be

    settled as part ot the general pol1tical settlement and "must not be left to the .. $."ifting sands of the sympathy end gootltfiU of the rulers of tbe fUturo". 34 Hi S oolleague I)

    Rao balladUS' R. Sf in1 vas an asserted that 36

    "abolition of untouchebU1ty by law will. not sufflce. ~he alim1natlon ot untouchabUl ty by law 1s one tht.na and 1ts altm1natlon by fact another an6 more illlportant ••• Latter is a Question of Legislative and administrative action

    which alone CPQ equalize cur posit1on."

    He fUrther p01nted out that the Quest10n or electorates for the Depressed Classes was not to be looked at from the

    point of view of what effect it wculd hevG upon the flndu

    religion or upon Hindu societl'. It has to be lcoketl at

    from one polnt of view, namely. what sort of eleotorAtes

    ~uld give the Depressed Classes real reprosentatlcn.36

    -

    34.

    36.

    $I - . I • Speecb by Gandhi. at a meeting of the ~anorlties Cormn1ttee, 13th November 1931, l'he Indian f'lCo II Session, Proceedings of the r~norlt1es Committee. Also G~er and Appadora1, Speeches and Documents on the .1ncl1an Co!lst ... tutlono 1921-47,._101.1. Oatera Un1versity Press, 1957t PlJ. 265 .. w. Speeoh by b~. Ambedk8r at the R~C, II Session. Vroceed1nga of the Plenary Ses910~t 12tb Nev. 1930 to 19th January 1931. Speech by Reo bahadur H.~rlDivasan at R~Ct SesSion II, PrcceeCUn;s of the Pl.enary Session.

  • a 76 •

    The deadlock ever t~~ agreement on the QuestIon

    of representation of the Depressed Classes was left to be

    sc1ve6 by Prime Minister ~~eDcnald. The result WAS thO

    'Communal. Award' released on 16th August 1932. In Q

    statement issued by hime M1nister MacDonald ot the time

    of the release of the 'Award' it ~AS stated that37

    separate electorates, namely. the grouping ot particular categories of vetel's in terrltor1al oonstltuencies b.Y themselves bas been regarded by minority communities as an essential proteet1on tor their rights. In eacb ot tbe recent stages of const1tutional deve1opmant. sepnrete electorates have consequentially found a place. Hovaver:::;mucb government may hAve preferred a uniform schema of jOint electorates. they found 1 t impossible to aboliSh the scheme of safeguards to wb1cb minorities attach itself vital importance.

    Regarding the position of the Depressed Classes, the

    statement polnt out that

    the Depressed Class voters will vote in general Hindu const1tuencios and an electod member 1n sucb a constituency will be Influenced by bis responslb111ty to tbis sGctlon of the electorate, but fo1" the next twenty years there will also be 8 number of special. seats filled trom Depressed

    36. !.ll!4. p.166

    37. statement issued by Prime Minister MeeDonnl.d at the time of the Publioation of the Comnun~l Awarr' 16 August 1932,gQ.~., p.260

    38. :i..1t~., pp.2S0a61.

  • • 77

    01as8 eleotorates 1n tbe a~ea8 where these votere ohiefly preyall. ~e anamoly of glving oertaln members of the Depreesed Claeees two yotee 18 abundantly 3ust1fled b1 the urgent need of enslUlng that thelr olaims be effeotiye17 expressed ana the prospeots of taprovlng their aotual oondltlon promoted.

    ~ue, the Oommunal Award granted separate seats to , the Baokward Classes 1n the Provtnolal Assemblies and aleo

    gave them the right to double votes by whioh they were to

    eleot their own representatives and at the same time vote

    aleo in general oonstltuencies. fhe Award, a vlrtual

    viotory tor Ambedkar, however, had drastl0 reaotions on the Indlan eoene. A8 a protest against the Communal Avard.

    Gandhi undertook a 'fast unto death" whloh began at Yenada

    Jall on 20th September 19'2. ~hls protest fast of Gandhi

    was bitterly orltlolsed b1 Ambedkar.,g who aooused Gandhi

    of hav1Qg slngled out the speoial representation for

    Depressed 018sses 88 an exouse for hie ·self-tmmolatlon'.

    Following protracted negot1ations betore and

    during the fa8t, an ag~eement was arrlved 8t between the

    leaders aoting on behalf of the Depressed 01888e8 and

    that of the rest of the Blndu oommunity ~egar41ng the

    representatlon of the Depressed Classes ln the legls1atures

    39. See, Keer, D., Dr. Ambedksr a Life aDd ~ought. Also, Ambedkar on Poona Paot, Bheen Patria Publloation.

  • 7B I

    and certain other mstters affecting their welfare.

    ~he Poona Aareement40 of 96th oeptember 1932 provided that seats shall be reserved for the Depressed

    Classes out of tha general seats 1n the Provinoial

    Le31s~etures as toll~s 0

    Viadras 20 Bombay with Sind 16 Pun3ab 8 Biber ana Orissa 18 Central Provinces 20 Assam 7 Bon gal SO United Provinces 20 -

    Total. 148 -7he Pact provl~ed that elections to these seats

    sl,all be by joint electorates wi tb reservation of seats

    for the Depressed Classes. The Pact also hel~ thnt th1s

    reservation would be tor a period of ten years unless

    t&rClinated earlier by mutllSl. agreement. The Poona Paet

    further laLd down th~t 8Vef,f ende~vour shall be made to

    secure fair representation of thebtpressed Classes in

    election to local bodies or appointment to Public Serv1ees,

    subject to eduoational qua11flcatlc :is as may be laid Clown

    for appOintment to Pub!ic ~ervlces. _______ ._4-·_- ________ · _______ _

    40. During the ~1scuss1ona prlur to the sl~nlnq ot the Poona Agreement, Ambec!l~9r end his supporters claimed 176 seats, the seats offered by lltndu leadere WGS 123. and the seats ~1ven 1n Poena Pact was 148. Sea. SanthanRm, K. t E!ght...!!W.u§.t Yntogct!e.iLU1tx', Chapter V.

  • a 79

    ~be Paet gained for the Depresse6 ClGsses more

    then double the number of seats reserved for tbemCs.n the

    Provincial LQg1s19tlve Councils under the Communal Award

    tho ~erd had provided for 71 seats and separate eleetor~tes.

    by the Pact, the Depressed Classes secured 148 seats end

    Joint eleotorates.

    The compromise formula under th~ Pact WAS. however,

    regarded by AmbedKal' as a uhandscme profit OD its political

    trensactlonn41 to the Congress and to Gandhi. Accord1n~

    to Ambedker the loss to the Lopressea Classes under the

    Pact (as against tbe g~ltls of the Communal Atl19rd) was tho

    system of • ~bl.e vote' which ttJe AWArd bad guarante~d to

    the uepressed Classes (reversed under the Pact). Cn~e

    vote to eleot the representative 99 a peu"t of the general

    electorate and the sec nd vote to elect the special

    representatives. The adVantage of 'double vete' (9

    consequence of sOlJcrata eleotorate), accol~ding to At!ltedk91',

    was valuab~e to the Depressed Classes as it would have

    given them a say in general election as wGl.l as in

    e1.ectlng their special reprse.wntetlvGs. ':this \~QS, however,

    lost in the Fact wh.!.cb repl.aced separate el.ectorstes by

    the system ot ~o1nt e1ectoretes with reserved saats.42

    41. Aclbedkar, b.R., (1945), sm..s:1t.. 42. tlWi.

  • 80 •

    Gantih1. on the other hand, wpS opposed to

    reoervatlon of seats.43 To a stetotory re~ervatlo~ of

    aeate, he preterre6 a scheme Which uould give the Hindu

    COmDunltj the ohance of vol.untarUy returning to the

    Legislatures 8 sufficiently large nucber of Depresse6

    Classes representatives. However, should the voluntary

    schame fail in its purpose en~ a much smaller nwnber of

    Depressed Class candl ;.~8tes vas returned t Gandh1 suggested

    that tttere sb~uld be prOVision for allotment of additional

    oeats by an, suitable system that adght be agreed upon.44

    Bollowing the Paona Pact, the Government of India

    Act of 1936, provided for the follow1ng number of seats

    to be reserved for tho • Scheduled castes,45 1n the

    Provino1al Leg1slat1vc Asse~bl1Gs'

    'Iotal seats reserved Total ot seats tor SC General seats -- --...-...... ..-...-- ~.- _. •

    Assam lOS 7 47 Bengal 260 30 78 Bihar 162 16 B6 Bombay 176 1.6 114 Central Provin-ces & Darer 112 20 84 f'adraa 216 30 lAG Orissa 60 6 44 ~ 1~ ___________________________________________ __

    43. See, t'3are1al • ~ie Fqst'

    44. ~.

  • I 81

    Iu.'l3ab

    Un1tec'i Pr1vlnces

    175

    228

    S

    20 140

    Sind 60 - 18 60 .. 9 _ . . -~---------.---- .. ---------------

    1686 161 808

    Note a the number of SGats flxt:d bl tte PeoDa Pact, l.e el 148,.W8S increased to 151 seats, vb! e maklng ~djustments of seats tor Bihar end Orlssa.

    SourceS Qwyer and Appa6 ra1. P. 367 .46

    The constitution met with erltic1~m from different

    sections of the nationalist leadershlp - the Congress as

    \1Gll as the Muslim League. It was also not acceptable to

    the HindQ Mebasabba end other parties l1ke the NRtional

    Liberation Federation. 'the Federal. scbeme of the

    Constitution never came into operation as the requ1site

    Dumber of statQa did net aecede. The Prov1nelal scheme was,

    however, put Into operation.

    ~he e1ectlons of 1937 1n the Provinces proved to

    be a significant stage and turning pOint tor tho S~haduled

    Castes. Preparing tor tbe elections, Ambedkar 1n 1936

    establiShed and founded e new pollt1opl party • the ______________________ u ____________________________ __

    46.

    46.

    the Government of India Aet 1936, adopted tbe term 'ScheClul.ed Castos' which .# repJ.aoed the term 'Depressed Cl.ass'. Henceforth, oftlclall., 'SChedulotl castes' waG the term of reference to s1gnify the depresse6 sectlon Qf the populstlon. Ct.Supra,Chap.l.

    seet also, Coatruent J -t Reforms 1n India an6 the DepresselJ Classes, in Aslatic Review ,l.ondon.))C.~I)l,ct7 j(UI. ~93')

  • 82

    Independent Labour Party - as an alternative to the

    Congress 1n the coming election an6 also ns a part,

    especially to represent the SCheduled Castes and othar

    Baek~ard communit1es.

    The Independent Labour Party Cll'GW up B

    comprehensive programme which answered the needs and

    gr1evances of the landless, poor tenants, agriculturists

    Q..'l(i 1l.'Orkers also. the Independent Labour Party recogni21ng

    the tailings of the new constitut1on 1n not achieving

    respons1bl.e govermnent. hwever. decided to take part in

    tbe eleot1on and work the constltution. Ambe6kar t s ldea

    ol"1g1nal.l.y was to or qanlse a party GSclt,si vely of the

    Depressed Clasaest later, ho't1ever. he declared thllt .47

    baving regar6 to the tact thAt the present was no

    time for parttes communally organized be had

    broadened the nSlto Mel also the progl"9DlIDO ot the party so as to permit political cooperation botuGen

    the other Classes and the Scheduled Castes.

    A virtual adVantoeo, aceordlng to Ambedksl', would be that

    since the Scheduled Castes possessed large voting strengtb

    1n constituencies in "bleb nc seat uss reserved for them,

    it would be possible for them to p1ace that voting

    strength at the disposal of the lndependent Labour Party

    candidate. the Party's constitution dealt with dlfferent

    aspects, economic Questlon$,pressure of population,

    taxation problems, and e.1so social reform. Wi th regar6 to

    47. ih9 times of 10619t 14th August 1936.

  • a 83 •

    Social. reforms, the party man1festo declares tlwt 1. t would

    undertake legislation for the advAncement of all necessary

    soc1al reforms - (8) to prwent soclal reformers from

    being outcaste bl the orthodox, and (bG to panalis9 all.

    forms of organised attempts at direct action suoh as

    terrorism, boycott. to prevont in&. v1duals Ol' classes from

    exercising the r1ubts and liberties given to them by lave

    In matters of education, the par~endGavourad to

    undertake a scheme of free and compulsory edUcation and

    also adUlt education giVing spec1al emphasis on technical

    education.

    ~8ble 2.3 sbows the performance of the Sehoduled

    Caste candidates belonging to the Congress Party in the

    1937 elections to the Provlnoial Legislative Assemblies.

    ~ab~e a.a - ~rl~anG~ 0' Sabodul@d c!~ g~Ddlg~~ PglOD11i.Da ~o ~§ COnIJI:!U!§ PBEt~ J9:,.eet1Mft

    3:.n ,. ;bq32

    • • ~otal seats for Total seats Seats captured b,

    Province number Scheduled oaptured by SCheduled Caste of Castes Congress Can61dates belon-seats g1Dg to Congress - d. -

    Unlted 228 SO 133 16 PrOVinces

    Madras 216 30 169 26 Bengal 260 30 60 6 Central. rrovJ.nces US 20 70 7 Bombay 1"15 16 86 4 Blbar 152 16 95 11

    PunJQb 176 B 18 -Assam 108 7 33 4 Orlssa 60 8 36 4 - .. ; Source & Ambe6kar (1945).

  • , 84 ,

    As 19 evident, the Congress '10n a l1ttle more than 51 per

    cent of the seats res8J'Ve6 for the SCheduled Castes.

    Among tbe 17 cMdl~ate~ fielded by the Independont Labour

    Party, 16 candidates were elected.

    ~he key ~or6 provided for the SCheduled Caste

    workers by Ambedkar was to "Gduoate. agitate and organizetl

    the Schedule~ Caste masses. In the ~ndla Depressed

    Classes Conferenoe beld 10 194a t Ambe(ilter declared the

    formatien of an all·InCite SCbeduled Caste Federation. This

    Federation began to operate as a party tor the Sche6uled Castes. Spea1t1ng at a Con! el'once organlz-ed by the All IndiA

    Scbeduled Caste Federat1oD,48 Ambedkar strossed the urgent

    need tor buLld1ng up organieational strength behind the political bOdy of Schet2uleo Ceste Federation. The Schetluled

    caste Federation passed Q resOlut1on on 23rd September 1944

    cut.Unlog the seteguards for tho SCheduled Castes in the

    new constitution of independent Ind10.49 It 6eclared thet

    no constitution would be acceptable to tbe s~heduled Castes

    unless it had the consent at the Scheduled Cbates, recognized Soheduled castes as a separate element and eonta!ned

    provisions - (0) Cal'r.Iarklng a definite sum for adVAnced

    eCiucation of SChedul.ed Castes, (b) reservation of government

    .... 48.

    49.

    .... Konpur (D.P.>, en 29-1-1944, see, Bhsgwsn Das,

    t 7hua spake Ambe&tar'Speeches, VOl.. 1.

    Pol1tical demands of tho Scheduled cest:~ Rosolutions passed by the Working ComIr.1ttee of the ... lnd10 ScheduJ.ed caste Fe6eratlon held 1n Matlras on 23rd september 1944, 1n Ambcdltor t li.n., (194fU, mJ..G1.t,.

  • I 86

    lands tor separate settlement of the ~heduled Castes, (e) representation of Scheduled Castes 1n Legislatures,

    Executive. Municipalities and l.ocal boaros. Pub]'1c Services,

    6..'1c1 Publ.1c Sanice Commisslons. These rights, the

    Sohedulec1 caste Pederatlon held in lts Resolution. aho~116

    be recogn1sed as fundamental and beyond the power of the

    Legislature and the Ezecut1ve. Finally, it wae 9.1so laid

    down that the Const1tution should have provision for the

    appolntment of an 1ndepa~deDt offieer to report on the

    working of these prOVisl0ne.60

    In November 1944, e non-party Conferenoe "OS

    convened whiob drafted const1tutional proposals prsllm1nary

    to the formation of Q constituent Assembly. The ma30r

    1ssue before the Comm1ttee wes to examine the whole

    communal and minorities guest10n !rem constitut1onal an6

    po11tlcel po1llts of view. 'Xho report of the Cooference_

    publ.1shed 1n December l.e46, came to be known as the • S&PI'U

    cocmlttea.· 61 ~he Schedule6 Castes sub-Co~ttee of the Sspru Conml1ttGC l~eocJm."efidad tbe adoption of adult franchise

    and repl'esentat1on of ScbeauleCl Castes 1n Cantr91 as well

    as ProvinCial Legislature (one mer.:bar tor every wf,111on of the population) and Executl ve (whlch sholl be 99 for as

    posslble £ reflection of their strength in the LegiSlature).

    ~he Committee recommended e Dumber of fundamentAl rights

    to be incorporated in the future constitution of India,

    assuring liberties of indlvldua1. freedom of Pro~s and __ I __ , _, _________ ---- .... -.----------

    60_ ~. 61.. Report and Rccommendatlons of tbe l~on.Pal'ty

    Conferenca (5apru Com1tteo, le44).

  • 86 •

    association, equalltl of r1ghts of cil4tn.Sh.LP of all nstlona151rrespeetlve of birth, ral1g1on, colour, caste,

    sex or creed; fUll re11gious toleration including nona

    iotereterence 1n religious beliefs Bnd praotices and

    instltutions; -and protectlon to language ana culturo of all coumun1t1es. The Committee also held that the new

    Const1tut1on should conta1n specific declaration for

    co~lete abolJ.t1.on of 61aabUitlos imposed by tredltlon

    ane} custom on SCheduled Castes. ~he Committee also

    IacommenCied the estai.11sbment ~ at the Centre and 1n emch of the ProVinces. of an 1ndepeodent ~norlty Commission, which shall be composed of a representative ot eaoh of the community (not necessarily Q member of the community) represented in the Leg!.elnture, to keep constant watch over the interests of the minority ColllDU01. t1 in the area.

    'lhe perlod between 1942-47 wes e period of great

    importance anCi of a determ1ning character for the growth

    ot eODstltuUonaUsm 1n Ind19. By this time the issue ot the claims and do man tis of the SeheCiuled CAstes (as put

    forth by their loaders) seeking to ensure protection or

    tholr rigbts anel interests in independent India. had been

    debated anel accepted as imperative. Consequently. the torm of the

    specific safeguards to be provided replaced the demands for

    safeguards as a oEmtro of 1nterest, culm1nat1ng in the

    constitutional. safeguards prov1ded 1n the Constitution of

    lnd10 as fl'amed and Rdopted 1n 1960.

    .. -

    TH726