Dalits And The Indian Constitution

After seventy-five years, we continue to recognize the Indian Constitution as a transformative document that has contributed to justice, equality and fraternity. However, given that it remains, we can also question whether or not it has been able to attain its emancipatory promise for those who have been traditionally oppressed or who have experienced caste-based discrimination. For Dalits in particular, the Indian Constitution not only serves as a legal framework but serves as a moral and political covenant based on the vision of B.R. Ambedkar. Even if the Constitution has provided the basis for constitutional democracy, the ongoing existence of structural or systematic inequality would require us to revisit whether the Constitution has actually dismantled the hierarchy of caste or simply moderated its manifestations.Anand Teltumbde's recent work addresses this issue in his book titled "Has the Constitution of India Fulfilled the Emancipatory Promises of Dalits?" Teltumbde does not provide a conventional defence of the ideals of the Constitution nor does he assert that the failure of the Constitution can be attributed only to poor implementation. Instead, his focus is on discussing the structural failure found within the Constitution. He will assess if the institutional mechanisms of caste abolition, electoral representation, secularism and the state's authority have restrained substantial changes while creating an illusion of both inclusion and progress.The foundational theme of argument is rooted in a critical engagement with the concept of constitutional morality. It is generally defined as criticize those who wield the power, not the constitutional document since the responsibility of any injustice, inequality, or any kind of oppression lies with those exercising state power. The author departs from this view; he contends that constitutional morality is not made in a vacuum; it should be cultivated through the process. It is the Constitution's job not only to set limits, but also to shape the moral habits of those who wield power. He argues that in every liberal democracy, criticism of the constitution must be examined from the standpoint of the oppressed sections. In Teltumbde's analysis of the forty-five million underprivileged citizens who are classified as Dalits, there is proof that the Constitution has in reality been a catalyst for increased mobility and symbolic inclusion of Dalits; however, these developments have not fundamentally changed the existing social structures that perpetuate caste oppression and discrimination.Layout of the Book This structural critique of the book consists of a total of six substantive chapters, as well as an introduction and conclusion. Each chapter uses the primary question of whether constitutional design has allowed for true Dalit emancipation or simply reorganized caste within a democratic context.The first few chapters review the historical and political development of the term “Dalit”. This chapter provides insight into how 'Dalit' has gained prominence as an identity, both literary and politically. Dalit assertion is positioned within a wider socio-economic context, and is analyses with respect to demographic composition, internal divisions, differences within the Dalit class and inter-Dalit hierarchies. Teltumbde disputes the claim made by supporters of Hindutva that caste was created by colonialism. Teltumbde argues that British colonization did not create caste, but changed the way it was represented and perceived by society as a more fixed and structured hierarchy, as well as making new limited forms of mobility available to the Dalit people through the creation of opportunities for recruitment into the British Army, administrative work and access to education.Subsequent chapters, the author critiques Congress for prioritizing political self-rule over social reform. He argues that issues such as caste discrimination, untouchability, and women's rights were treated as secondary because Congress believed that these issues would divert from the goal of self-rule as well as weaken national unity. Teltumbde discusses the Communal Award of 1932 under British rule, which granted separate electorates and double voting rights to Dalits. Gandhi opposed it through a fast unto death. This resulted in a political compromise in the Poona Pact. Gandhi feared it would fracture the Hindu varna system. He believed caste should be resolved through social reforms instead of political reforms and it could strengthen Muslim League's parity claims. Chapter Three of the book explains the structural failure of Article 17, Abolition of Untouchability. It relies on empirical evidence including reports of Action Aid Survey (2001-2), Navsarjan Survey in Gujarat (2010), India Human Development Survey (2011-12). Despite a dense legal and judicial framework built around Article 17, untouchability remains entrenched in everyday life. As per the author, the main cause of this failure...

Dalits And The Indian Constitution

Abdur Raheem

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