Tuesday, April 14, 2015

Dr. Ambedkar Jayanti today)

Dr. Ambedkar Jayanti today

India is celebrating 14 April, the birthday of Bharat Ratna Dr Bhimrav Ambedkar as public holiday, in memory of his outstanding contribution in drafting Constitution of India on the bases of liberty, equality and justice.

Leaving his demand for separate electorate for "depressed classes" in lieu of reservation of seats, through Poona Pact signed on 25/9/1932, between him (on behalf of depressed classes) and Pandit Madan Mohan Malaviya (on behalf of other Hindus) in the presence of Gandhi in Yerwada Central Jail. The document sign in jail became Magna Carta of Freedom of the depressed classes, and made Dr. Ambedkar the Mashiah of "Depressed Classes". Communal Award of British as outcome of Round Table Conferences followed by fast of Gandhiji, concluded with Poona Pact opened doors for Depressed Classes through reservation.

Many didn't like and still don't like but the principle of reservation has been accepted as one of the development means for the depressed classes by the legislatures and the period of reservation has been extended from time to time. The net has included OBC (Mandal Commission), women, and others in academics, jobs and other fields. Indian mind set have been changed. People wish to join reservation net (obc) to avail benefits. Now except 'general category males', all fall under "reservation".

The first reservation demanded by Mahatma Jyotiba Phule for natives in 1891, the first official reservation (first for non Brahmins than for Depressed Classes) introduced for Depressed Classes by Chhatrapati Shahuji Maharaj of the State of Kolhapur in 1902, the Communal Award (16/8/1932) declared by British PM Ramsey McDonald and Poona Pact became the seeds of present reservation system, the major arm for eradicating poverty and backwardness.

If the freedom from the British to be considered in true spirit, the depressed had right of ownership over the land equal to their population percentage because the freedom was won by the people of India. The farmers community received land ownership through land reforms and the depressed classes received limited jobs in Governments and admissions in academic institutes. Their political rights submerged in the mandates of the political parties to their elected representatives.

Do you know, why did Dr. Ambedkar resign from Nehru Cabinet in September 1951? Because of stalling in parliament of his draft Hindu Code Bill (protecting women's rights), which sought to expound gender equality in the laws of inheritance and marriage. His remarks in the letter to the press about the administration's inability to get it passed, referred the Cabinet, which he had left. The religious organizations were main opposers, including Swami Karpatriji Maharaj of Dandis.

But we the Indians, still prefer personal laws over public laws. Public Laws of equality are our compulsion to obey by mind as laws of the land. But Personal Laws of inequality are our will-custom created out of teaching of centuries, doesn't allow us to allow all Diamonds to shine. The man who fought for empowerment of women and weaker sections has been identified as SC leader. The way we pay respect to Mahatma Gandhi, Jawaharlal Nehru, Subhas Chandra Bose, Sardar Vallabhbhai Patel and other leaders of pre and post independence India by heart, we shall pay respect to Baba Saheb Ambedkar as our National Leader, the leader who fought for liberty, equality and social justice.

He was our Bharat Ratna, British-Indian representative of Depressed Classes in 3 Round Table Conferences (1930-32) in London, the Labour Member of Viceroy's Executive Council (1942-46), the Chairman of Constitution Drafting Committee (1947-50), and 1st Minister of Law and Justice (1947-51).

We shall remember Sir Benegal Narsing Rau (BN Rau), ICS 1910, PM of J&K (1944-45), the Constitutional Adviser to the Constituent Assembly, for his key role in preparing initial rough draft (243 Articles & 13 Schedules) as a text for the drafting committee to work upon and to Mr. SN Mukherji, the Chief Draftsman of the Constitution for putting the proposals in legal form.

We shall remember the members of Constituent Assembly (11 sessions, 141 days, tabled 7635 amendments, moved 2473 amendments) headed by Dr. Rajendra Prasad and, the members of Drafting Committee: [Dr B. R. Ambedkar - Chairman; K M Munshi (Ex- Home Minister, Bombay); Alladi Krishnaswamy Iyer (Ex- Advocate General, Madras State); N Gopalaswami Ayengar (Ex-Prime Minister, J&K, Minister without Portfolio of Nehru Cabinet); B L Mitter (Ex-Advocate General, India); Md. Saadullah (Ex- Chief Minister of Assam, Muslim League member); D P Khaitan (lawyer); Madhav Rao (Legal Advisor of Maharaja of Vadodara) and T T Krishnamachari (in place of DP Khaitan).]

We shall remember members and Chairperson of various Committees (i.e. Fundamental Rights (Sardar Vallabhbhai Patel), Directive Principles of State Policy (Jawaharlal Nehru), etc,  for their recommendations on the subjects as well as the Constituent Assembly for finalizing and passing the Constitution of India.

We shall also remember Montagu and Chelmsford for Government of India Act 1919;  Motilal Nehru as Chairman and Jawaharlal Nehru as Secretary and 9 members for Nehru Report (1928) (first draft Constitution by Indians); Simon Commission and Lord Linlithgow for Government of India Act 1935, as these documents were the bases of our present Constitution.

Let us salute Dr Bhimrao Ramji Ambedkar, on his 125th Birth Anniversary for his great contribution in Drafting and Defending Constitution of India (395 Articles & 8 Schedules) and introducing Social Reforms of Social Justice through Right of Reservation [Article 16(4)] and promotion of Educational and Economic interests of weaker sections (Article 46) and Women Empowerment by initiating Hindu Code Bill.

14 April 2015

1. Dr. Ambedkar opposed Article 370 in the Constitution, which gives a special status to the State of Jammu and Kashmir, and it was put against his wishes. Balraj Madhok reportedly said, Ambedkar had clearly told Sk. Abdullah: "You wish India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India. But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and I, as the Law Minister of India, will never do it." Then Sk. Abdullah went to Nehru, who directed him to Gopal Swami Ayyangar, who approached Sardar Patel asking him to do something as it was a matter of prestige of Nehru, who has promised Sk. Abdullah accordingly. Patel got it passed when Nehru was on foreign tour. On the day this article came up for discussion, Ambedkar did not reply to questions on it though he did participate on other articles. All arguments were done by Krishna Swami Ayyangar. (Balraj Madhok, Organiser, November 14, 2004)

2. The assembly missed creation of Indian Judicial Service (Article 312), public audit of judiciary for justice in time, and left Uniform Civil Code in the Directive Principles of State policy under Article 44.


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