Reading "Social Justice and The undone Vast" by Justice Krishan Iyer

 

Justice Krishna Iyer wrote the work Ambedkar Centenary :  Social Justice And  The Undone Vast in which he began with the efficacy of constitutional methods and examines how a lot of undone stares at us in ameliorating conditions of the Dalits. He exhorts that to make laws enliven political action on the part of Dalits and Soshits is required.  The book consists of six chapters written  across the years in his inimitable style.

The first chapter is titled, ‘Ambedkar-Gandhi and Constitutional Disorder’ he writes that in free India law is a  means to serve ends which society thinks are right  and it must be “complied with as long as it remains unchanged or is interpreted by the highest court contrarily.” (3) Gandhiji opposed the British law, its moral authority and courted jail in penance. Ambedkar , a man of law hated injustice, demanded human rights , not mere legislated legality.” He opposed unconstitutional methods in the interests of democratic decency.  Krishna Iyer criticizes ,militant methods adopted by some parties and organisations. He is for justifiable and advocates ”innovative  , catalytic processes for realistic redressal , not contra constitutional counterfeits.” (6) Wile Gandhiji in fight against the British imposed  ‘dictatorial discipline’  despite occasional outbursts by his followers who were called to order or the movements withdrawn. Ambedkar was “a spiritually kindled humanist with every great cause as his cause” and preferred Buddhism which taught prajna( understanding), Karuna ( love) and samata (equality) for good and happy life.  Justice Krishna Iyer wants a paradigm shift which “will frown upon legitimizing and making politically respectable any  damage to public property, condemn all attempts to disrupt public life and to measure success of political or other socio-economic action by the quantum of infliction of community suffering.” (7)

Ambedkar points out the contradiction between social and economic inequality and political equality , eradication of caste-differences to attain fraternity and national unity . Krishna Iyer also writes that  social justice was the human essence of Ambedkar’s contribution to Indian political life. He opposed class war, personality cult in politics , landlordism and untouchability. Ambedkar also castigates Hinduism for practicing untouchability, Brahminism which negates the spirit of liberty, equality and fraternity  and discrimination against untouchables in labour and internecine warfare among unions and he wants every generation to change constitution according to its will. Here the leaned jurist supports Gandhian ahimsa in lieu of hartal or bandh and says there is room for dissent under constitutional law.  He end the chapter saying that Ambedkar rose above narrow party politics and ”a great constitutional lode star of the nation, a daring  spirit bent on breaking human bondage.” (22)

In the second chapter entitled, “Dr.B.R. Ambedkar Social Justice and the Indian constitution – Myth versus Truth”,  Justice Krishna Iyer notes that it  is  more difficult to fight half-truths and without sociopolitical change our constitution , which is  ‘national paramount parchment’  “may prove a mareecha   jurisprudence ,a learned citation for lawyers, a provocative agenda for action for ultras, at best , ‘a beautiful and ineffectual angel , beating in the void its luminous wings in vain.” (23) He sees that the challenge before Indians is to bridge the gap between promise and performance.  If the contradictions are not removed, the victims of inequality will demolish the structure of political democracy built up laboriously. He says that untouchability  is entrenched in Bihar, Madhya Pradesh, UP and in many parts of rural India  prevail practices  such as Sati, dowry murder, homicide, rape , incarceration of brothel , sex discrimination in matrimonial and inheritance.  The  successors of   Founding Fathers of our constitution merely offered words minus will to overcome class oppression. He says that Ambedkar was “a historic necessity who symbolised the dialectical demand for social democracy without which  the emancipation of the oppressed remains an illusion.  When the elite uses violence, “ To break the law , to make the law more just is itself of Gandhian vintage. Defiance is the oxygen of social justice when law itself silences militant speech.” (28)

He refers to the Articles 15, 16, 29  which deal with specific rights to equality and directive principles enshrined in 38, , 39, 41, 42, 43, 45 which promote the welfare of the weaker sections. He quotes the report By justice Chinnappa Reddy, “ Their claims to equality are not to be viewed as favours or concessions to them . As was remarked in Vasanth Kumar’s case, the demands are maters of right and not philanthropy. They ask for parity but not charity.” (31) Various Commissions formed for the marginalized  need powers . He writes  that I stead of mere rhetoric and ‘legislative opium’ under which the masses are kept , the Bench-Bar must fight for implementation of law  and social action groups must be “clothed with legal standing and power”  to initiate liberation of the  weaker sections, women, children , mentally ill and disabled people.(34)  PILs are frowned upon by the higher judiciary and  inordinate delay in justice is disenchanting the victims belonging to the tribals and Scheduled Castes.  The bottom most are without change, the creamy layer snaps up the benefits and the lack of adequate representation of the reserved category in bureaucracy and judiciary and many social evils such as dowry deaths, infant marriages, human trafficking,  gang rapes, infanticide cruelty against females in custody are persist in practice and regrets, “Bharat, even today, lives simultaneously in several cultural centuries.” (36) He, quoting report of Reddy commission ,writes that reservations are of no avail without tackling  issues of  poverty, dropout rate of the reserved category students at the lower level of education.

 In his powerful language , Justice Krishna  Iyer writes as follows ;

  The bar has chanted the esoteric text; the bench has written Bhasyams with semantic twists; the jurists have heaped homage on the Constitution’s chief architect; the House has hallowed his presence with portraits; the Establishment has petrified him in ubiquitous statues. Politicians have canonized him with Bharat Ratna; and the rulers have sublimely sentenced him to an elitist Centenary Year packed with paper-logged projects and commercially profitable gatherings ‘full of sound and fury signifying nothing. (39)

What is required is not mere glorification of Ambedkar but the attempts  by     the change seekers  to “ animate the embalmed Ambedkar to his living flame’ which is “the task of conquest of truth over myth.” (39)

The chapter , “The contribution of Ambedkar” shows how Ambedkar was chosen to be the drafting committee chairman . he was a man of sacrifice for the depressed classes, imbued with incomparable erudition of constitutional law and history and with rebellious spirit and poignant experiences.

Ambedkar spoke that it is wrong for  the majority to deny the existence of minority and for minority to perpetuate itself. He wants the majority to realize  its duty not to discriminate against minorities leading t the disappearance of the minority. 

He also writes that Ambedkar has disagreed with socialists that economic factor alone  is decisive to the exclusion of religion, social status and revolution is  impossible without social reform without which caste remains a problem even after revolution. Krishna Iyer advises the youth to read Ambedkar to be worthy of new Bharat. He writes that Constitution is our armour and our invincibility in the war for human liberation and social justice.

Justice Krishna Iyer quotes Ambedkar extensively from the latter’s speech on November 25, 1949 . Ambedkar has taken a stand for constitutional methods, opposed Bhakti and wanted to make our political democracy as social democracy in the absence of which the discontentment born out of inequality may dismantle political democracy . Ambedkar  has seen castes as anti-national and without fraternity , equality and liberty will be superficial. He has justified exceptions to the freedom of speech and expression. he saw article 32  as quintessential one and it “makes the power of the supreme court to enforce every fundamental right itself a fundamental right.” (54)  He called the article “ the very soul of the Constitution and the very heart of it.” (56)He wanted a fine  balance between immutability and  ‘easy amendability’ (58) he has taken a stand for parliamentary democracy . he has challenged caste system. “He fought for the non-derogatory right to human dignity which is the spiritual –material essence of Swaraj. ‘ (65) Justice Krishna Iyer sees Ambedkar as a symbol of social justice and of “this tremendous tornado of social change.” (67)He points out in a significant way that  “ it is unfortunate that, without a vision of social justice and its historical roots and contemporary tears , upper caste intellectuals oppose measures for elimination of social and educational inequality.” (67)

In the next chapter titled, Social justice to Dalits and Soshits , Krishna Iyer notes that “the rhetoric of social justice has been the opium of the suppressed people all these decades.”(70)Caste discrimination still persists. Laws have been cadaverous and the reason being “the implicit hostility of the dominant classes  to legislative measures which are merely the skin-deep homage paid to social justice.” (72) a basic rupture with the system involves activism of the victims of injustice.  As there has been an inadequate representation of Dalits in higher echelons of administration and judiciary . “What is required is a social revolution , a educational revolution and a public services revolution through  crash programmes and mass line methodology.” (74) he writes that there is no genetic factor in the degradation of the Dalits but the lack of encouraging ambience, poverty and the long distance from educational and cultural opportunities which have kept them in serfdom. The developed in Dalits  neglected their brethren and the division of the ranks among the different political parties made them disunited and powerless.

Writing on the plight of tribals in  in “The Untold Story of the Jharkandis”, Justice Krishna  Iyer passion reaches far and deep. He castigates mismanagement by the  political parties which are causing more destabilization. He writes, “Jharkhand must be considered , no with blind hostility nor with secessionist allergy but with sympathy , and  sense of justice, a claim to a home within the impregnable  Bharat.”(80) He observes that continuous and systematic exploitation and dispossession of the indigenous people, lop sided development projects, manipulative politics and state violence  leading to extremism to “fill  the vacuum in purposeful politics.”(86) He states finally that “ Indians must redeem their tryst with destiny and liberate every sub-nationality from ‘injustice, social, economic and political.” ( 89)

In the last chapter, “Centenary Year Reflections” Justice Krishna Iyer shows an in-depth understanding of the relevance , legacy and supreme significance of his contribution. He describes him as Mahar Manu of India and his immortal spirit leading India towards “a dynamic revolution of justice, liberty and equality.” (91) He points out the glaring contradiction between glossy development model and gory sufferings of the victims. He also criticizes ‘soulless verbal labels’ such as ‘Harijan’ and ‘Girijan’, 'Scheduled Castes' and 'Scheduled Tribes'. He refers to Articles 15, 46 and 335 which seek the advancement of Dalits. Articles 338 and 339 refer to the appointment of a Special Officer and a Commission to look after safeguards and welfare of SCs and  STs    He writes, “The compassion of the Constitution for the Fourth World within our  Third World is still comatose and has yet to be conscientized into action by political catalysts and judicial activists.” (93) He points out the futility of various acts -Such as The Kerala Scheduled Tribes (Restriction on Transfer of lands and Restoration of Alienated Lands  Act, 1975 and The Untouchability Offences Act , later reincarnated as Protection of Civil Rights Act “bark verbally but never bite upon breach.” (95) Time and again the learned jurist demands activism of law  in order to remain effective. He criticizes the spinelessness of legislators , the  borrowed colonial  sophistication of judges and the corrupting power of the bourgeois. He does not spare successive govt. of Kerala headed by Marxists, communists and Congressites since 1975.

The people facing atrocities such as  gang rapes in northern states such as   Bihar, bonded labour mainly come from Dalits. He writes that a lot has to be done despite some benign changes. “Societal conscience is vaccinated against sensitized action to uphold the dignity of their personhood , and agents of adharma   are on top in the professions, in the three branches of the State and in the agrarian and business world.” (98)

Jusitce Krishna Iyer also writes about the problem of slums which he describes as ‘pathological eruptions in all our cities and these inhabitants are mostly ‘Dalits’-and the upper class need slum-dwellers’ proximate and low-priced service.” (98) He  regret the terrible injustice even after legislation.  Land reforms have come cropper due to  “legislative lethargy, executive apathy and judicial jaundice”. Human scavenging remains in spite of the civil rights law and constitutional equality. Irrespective of party rule, slum clearance laws “suffer from cardiac arrest”  (101) Dalits cannot demand for  minimum wages despite the laws, cannot enter temples or become priests, reservation remain unimplemented and sterile ‘without dynamic components and creative inputs”  (104) The existence of class system in education creates uneven competition. Special facilities need to be created in education and sports for Dalits to make the more confident ,  ‘the VIP youth must be vaccinated at school and college  against the racial myth of superiority”.(107)  The SC./S.T.( Prevention of Atrocities ) Act remained a paper tiger as unjust killings went on raising in Bihar. U.P. and Madhya Pradesh. He writes, “Paper tigers have never been panaceas. Nor is revolution secured thro’ legislative rosewater.” (112) At the end , he wants to demolish   two myths regarding inferiority Of intelligence in SC. And S.T. He cites examples of Tiruvalluvar, Vyasa, Valmiki, Pakkanar and Karuppan “to nail the lie of genetic deficiency concocted maliciously.” (113) Another myth has been the rise of Dalits  through reservations over the heads of caste Hindus and the reality is that” the bureaucracy and political elitocracy  exclude the dalit classes” (113)  in higher rungs of administration and judiciary.  He also refers to monopoly of benefits by some  already advanced Dalits and the liberal addition of OBCs may work to the detriment of Dalits. But this observation may not be correct as the reservations for OBC s are of a different category and do not affect reservations for Dalits. He writes,  “The Third World is the victim of the West .But invisibly suppressed is the Fourth World  within the Third World.  Dr. Ambedkar was the voice of this voiceless Fourth world.” (114) the social kernel of his message is liberty, equality and fraternity.