Democracy was his pivot but his fears are not unfounded

On the occasion of the centenary of his birth, BR Ambedkar, stands taller than ever for how he envisioned modern India. That the Indian society is growing as the country aspires to become an economic superpower is not unexpected. In such times of

fixation on economic growth, the state has an intrinsic onus to ensure economic growth and social development go hand in hand.On November 26, 1948, B.R. Ambedkar, in his last speech to the Constituent Assembly, presagedthe menaces that could impact constitutional democracy of independent India. His fear of India losing the democratic framework was at the heart of his rousing speech. In the last seven decades, these ominous signs have often been overlooked. Ambedkar’s fears are not unfounded. After millennia of existence, betrayal of the state cannot be dismissed as an impossibility or a hallmark of only one group. Ambedkar backs this up by claiming that India has lost its freedom on several occasions, not just because of foreign invaders but also because of “the dishonesty and treachery of certain of her own people”. We have seen historic protests and deadly skirmishes between the state and citizens in the last few days. We have seen serious debate on the Constitution across the country in recent months, particularly in the context of CAA, NRC, and NPR, and even significant movements with the slogan “Save Constitution - Save Nation,” drawing the Constitution of India into public discussion. So, it is critical that we place Ambedkar’s comments in context. A few months back, a petition was filed by Fr. Swamy challenging Section 43D (5) of the Unlawful Activities Prevention Act (‘UAPA’), pointing out that it was an intractablecondition for bail. He did not live long enough to appreciate the case being decided.

If this is the “best of efforts” the Court can muster to defend the life of a crippled 84-year-old, the only reliance we can place on the system is blind faith - the kind of Ambedkar forewarned us about. We can discuss executive overreach and the misuse of the UAPA. But put that aside for the time being. Ambedkar was highly influenced by women’s emancipation and civil liberties movements in the west.Ambedkar was an active member of the imperial government on the issue of women’s rights even before independence. Despite the presence of women in the Constituent Assembly, the questions of gender did not turn up in the Hindu Code Bill until they reached Ambedkar for his comments. And for the first time, the Hindu Code included the right of inheritance to daughters, the right of women to divorce, and the right of widows to equal property rights. Concurrently, the regressive language revolving around caste-specific rules was also obliterated. Later, the Bill twirled into a string of Acts, including the Hindu Marriage Act 1955, and forms the legislative substratum of women’s claims to shared property even today. Under the colonial regime, even as a legislator, Ambedkar was one of the first activists to advocate for working women’s rights. He argued that “It is in the country’s best interests for the mother to obtain some rest during the pre-natal time.” The responsibility lies on the government to bear some of the burden of her maternity as the people’s interest is the government’s primary responsibility. As a direct consequence, basic rights for factory and mine workers and protections for children, women, and working mothers were passed as early as 1938. His influence also spurred the enactment of other pro-women legislation, such as the Equal Remuneration Act of 1976 and the Dowry Prohibition Act of 1961, which established equal pay for women and criminalised dowry respectively.

(The writer is a B.A., LL. B (Hons.) student at National Law School of India University (NLSIU), Bangalore. The views expressed are personal.)