Skip to main content

Is social justice as enshrined in the Constitution a concern, any more?

An anti-untcouchabiliity meet at Dalit Shakti Kendra
By Martin Macwan* 
The news were disturbing. There was unruly confrontation between the District Magistrate and an elected Member of the Legislative Assembly of Gujarat. Amrabhai Boricha, a head of the lone Dalit family in the village was brutally murdered in the presence of his family members and the police guards assigned to protect his life. There have been several incidents in the country where Dalits, even on their way to court to depose in the murder case of their own kin, are murdered in broad daylight, when officially they are protected by the State.
The news for me have been disturbing for many reasons. In this case as well as other cases, the victims have made personal and oral representations before the authorities about the danger they are apprehending to their lives. Secondly, in the present case, the Police Sub-inspector has been alleged of willful negligent and booked. Third, the District Magistrate is a Dalit and the Dalit representatives have used foul language against the District Magistrate. I under no circumstances advocate undignified behavior with any public servant which does not mean that their negligence have to be spared or compromised with.
It is evident that the frustration among Dalit masses is increasing. The judiciary is increasingly perceived as biased against Dalits, especially in the matters of cases under the Atrocity act. I have been a witness to this.
Some time ago, I was invited to speak to the District Session Judges of various States in the National Judicial Academy, Bhopal. My co-panelist was a sitting Judge of the High Court. To his embarrassment, most Session Judges had raised their hands in response to my suggestion that the Atrocity act was an unrequired law in the Country and requires to be axed.
One senior Judge had expressed his views: ‘Actually if people walk on the path of the Vedas, no law is required in the Country’. Unfortunately, there is no check on the beliefs and behavior of the judicial officers, except for conducting training programs to sensitize them. Does the Political leadership of the country is concerned?
My mind races back to 1986. I was 27 then and my colleague Gagan was 31.
This was the time of the tragic incident of Golana, where four Dalits were murdered. The fire arms were used to kill the Dalits. Eighteen people were grievously wounded. Two of them died much later due to the injuries. Houses were set on fire.
It was Shri. A. K. Jyoti who had allocated a piece of land to the Golana Dalits to build homes. Most Dalits had a one room house and in some homes four married brothers were sharing the single room house. The land allotted was illegally occupied by the Khsatriyas. I do not want to go deeper in the facts as it is known history for those who have not forgotten it.
I or my colleagues had never ever dealt with a bloody situation such as this before. What gave us hope was the company of a District Collector, a District Development Officer, a District Superintendent of Police and a Public Prosecutor.
Mr. Ravi Saxena was the District Collector. Mr. Jagatheesa Pandian was the DDO. Mr. Sekhar was the DSP and Mr. R. K. Shah was the public prosecutor. True, there were subordinate police officers who were a pleasure to work with especially Shri. Dhanani, a Police Inspector and Mr. Rajvanshi, a Police sub-inspector of Khambhat Police Station. This was the best example in my journey thus far of the Dalit movement where the most cordial relationship can exist between the voluntary organization, the community of the victims and the administration on behalf of the State.
My memories are vivid about Golana, since that killing changed my life and understanding of Indian society.
In the days that followed the massacre, Gagan and I worked closely with Mr. Ravi Saxena. I lived in Nadiad then. I never hesitated to call up Mr. Saxena, even at 7 in the morning for work. He would respond positively. He would invite me to his home early morning, as the office was yet to open for the day. He had organized a lok-darbar in Golana for a whole day and he squatted on the mud floor of Dalit home courtyard dealing with the grievances of the people. He dealt with people in a way to make them at home and joked too.
I remember the lok-darbar as one Dalit man had risen to his feet demanding more housing land. Mr. Saxena asked whether or not the family planning program was on. People broke into laughter with him.
Much against our own personal conviction for fire-arms licenses for Dalits, owing to the community pressure, we had approached Mr. Saxena and he readily agreed and sanctioned fire-arm licenses for seven Dalits.
Mr. Pandian is another glaring example of what in ideal public officer can be. He had replaced Mr. Saxena as the District Collector. As DDO he was the person to look at the implementation of welfare measures in the district. He was loved by all Dalits and non-Dalits and the local politicians. He never compromised with his principles and never cowed down to political pressures.
If you happen to go an hour or two before the office would open at 11 at the Kheda Collector’s office, you could see Mr. Pandian walking casually in the compound and talking to the villages coming to the office from far-off villages. He did not depend on what his officers briefed him.
I remember, a local politician had dared to threaten him with a transfer. He laughed and told the man, that as he had traveled several hundred kilometers from Tamilnadu to serve the State of Gujarat and hence a transfer of few Kilometers in Gujarat did not bother him.
Similarly, I was witness to the incident once, when some Politician banged angrily on the office table and Mr. Saxena told him that he could bang the table in the State assembly and not in his office.
I have met Mr. Pandian over last 35 years since Golana Massacre as he served on the several national and international posts. Whenever we meet he asks me about Golana. He remembers the names of the village Dalit leaders.
Mr. Sekhar was a no-nonsense officer. He unearthed the weapons that were available in the areas around Golana. I remember a day. Dalits had complained that the large contingent of police men posted for their protection did not do their duty seriously and were sleeping at night.
Less than week later, one morning was there was utter chaos in Golana. All the rifles of the police men were missing. Later, it was revealed that Mr. Sekhar had come at night. He had parked his vehicle at a distance. He had walked along and collected all the rifles of the policemen who were sleeping.
Unfortunately, he was trapped in a false case. Although he was acquitted of all the charges, the order came in his hands when he had retired. A bright and honest young officer’s career was destroyed by the people who were not happy with the way he worked. I had visited his home once in Petlad when he was Dy. SP just before his promotion to DSP. He had a wooden cot in his house to sleep on. Much to the embarrassment he pointed the Police Sub-Inspector and told me, “This fellow is much better off than what I am. It is only because, I am not corrupt”.
Together all, these officers ensured that not only Golana, but the entire area of Bhal was free of Caste atrocities. This was at the times when Mr. Madhavsinh Solanki was the Prominent politician in both Gujarat and the center, a fact the Khsatriya community found solace in.
Last but not the least, I want to remember Mr. R. K. Shah. We had never known him before except we had read about him fighting successful the most sensational cases in Gujarat. I had Gone to met him at his simple office near Lal Darwaja to request his consent to be the public prosecutor for Golana trial. He had agreed. Next one year we worked together to ensure the conviction in Golana case.
He is a lawyer and philosopher. He is a well-read men in subjects other than the law. After Golana conviction, he gave me a gift, which I preserve with utmost care even this day. It was the first print copy of ‘Buddha and his Dhamma’ that Dr. Ambedkar had sent across to Mr. R.P. Bhole, for his review. Mr. Bhole was the chairperson of ‘People’s education society’ that Dr. Ambedkar had founded. Mr. R. K. Shah had trained himself as a labor justice lawyer with Mr. Bhole. The book has several noting with red pencil.
At the time of Golana massacre, I must mention the important role played by three Politicians. Shri. Amarsinh Choudhary who was the CM, Shri. Yogendra Makwana who was in the ministry of Home affairs and the most revered and respected figure for me, Shri. Zinabhai Darji.
Every major incident of Dalit and Tribal atrocity that I worked with, Zinabhai was always there to visit the village. Golana had seen for the first time perhaps in Gujarat; the appointment of 21, all Party MLA inquiry committee, led by Shri. Chimanbhai Patel. Unfortunately, the printed report of the Golana Inquiry committee, has not been tabled on the table of the Gujarat Assembly, even after 36 years since the massacre. Gujarati newspapers report the proceedings of the Assembly which are nothing but jokes and the light comments shared in the house. We never hear about the serious debates. Is social justice, as enshrined in the constitution, is a concern anymore?
At DSK, we have trained about 11,000 residential graduates in past 21 years. And I tell them the stories about the past.
It is not a long history, I am talking about. But, suddenly, there is a trust deficit between the poor people and bureaucrats that is hung in the air. Today, even the activists have to struggle hard and go from pillar to post to register a simple FIR. Slogan of ‘ATMNIRBHAR’ for common people means ‘Bother-us-no-more’. As if the country is suddenly tired of ‘social justice’ as our beloved former President, Dr. K. R. Narayanan had predicted.
But I am equally concerned, the way the present day activism targets the bureaucrats. Last year, I had walked in for the first time to meet the Chief Secretary of Gujarat, Dr. Anil Mukim to present him the ‘constitution house’ that we had constructed. Dr. Mukim rose from his chair and walked to the door to greet me as I entered his office.
The Politicians who behave in the most irresponsible manner escape our attention and often we end up targeting the Bureaucrats. That apart, I see the need for reforms at all the three counts; The Police reforms, The Public service reforms and the Judicial reforms. The country does not require only independent judiciary but also the independent administration of justice. Trust deficit between the State and the People is a death nail on the coffin of the democracy.
Why Am I Writing this ? There must be a serious debate on this topic.

*Founder, Navsarjan Trust and Dalit Shakti Kendra

Comments

TRENDING

Crucial to revisit roots, embrace core Hindu principles: love, compassion, harmony

A note on religious leaders'  Satya Dharam Samvad in Haridwar: *** In a groundbreaking gathering, more than 25 religious leaders including Swamis, Acharyas, Pujaris, Gurus, and Sadhvis from all over India convened to discuss the tenets of Hinduism on September 16th, 2023, in Haridwar, to discuss and discern the current trajectory of Hinduism. This brand new initiative, the Satya Dharam Samvad, was inspired to organize its first assembly in response to the December 2021 Dharma Sansad, where hate speech and calls for violence against the Muslim community contravened the essential principles of Hinduism. Religion is being used to incite riots among Hindus, Muslims, Christians, Buddhists, Jains, etc. In the face of such hatred, Swami Raghavendra felt that something meaningful should be done in the present climate. 

Maoist tendency of mechanically adhering to Chinese path ignores Indian conditions

By Harsh Thakor  The C.P.I. (Maoist) formed in 2004 with merger of the C.P.I. (M.L) Peoples War and the Maoist Communist Centre has demonstrated courage in intensity compared to any great revolutionary struggle in the history of the world. It leads the largest armed movement of a Peoples Guerrilla Army in the world today and proved themselves as the true torch bearers of the Indian Communist movement.

Significant step towards empowering and particularly engaging with informal workers

ActionAid note on drive to empower informal sector workers Odisha with the support of District Labour Department: *** The Odisha Unorganised Workers Social Security Board (OUWSSB) facilitated an Unorganized Workers Awareness Camp at the Red Cross Bhawan in Bhubaneswar, Odisha. The event took place in collaboration with the District Labour Department at Khordha, Centre for Child and Women Development and ActionAid Association. This informative event aimed at empowering informal sector workers by disseminating crucial information regarding their eligibility for various social security schemes provided by the Government of Odisha.

We need to resurrect Neruda, give birth to poets of his kind amidst neofascist rampage

By Harsh Thakor  On 23rd September we commemorate the 50th death anniversary of Pablo Neruda, whose contribution to revolutionary poetry was path breaking. Pablo Neruda’s poetry manifested the spiritual essence of revolutionary poetry and how poetry was a weapon for a revolutionary struggle. The story of his life illustrated the spiritual transformation undergone a human being to transform him into a revolutionary and how environment shapes the lie of revolutionary.

Grassroots NGO enlightens people of Kupwara with intricacies of Right to Information

J&K RTI Foundation and Founder Civil Rights Movement Kupwara note on how RTI Pend is empowering Kupwara with insights on Right to Information Act: *** RTI Pend, the grassroots initiative aimed at democratizing access to information, hosted its 2nd event in Kupwara. On the request of the Civil Rights Movement Kupwara, this event was tailored to enlighten the people of Kupwara with the intricacies of the Right to Information Act, presented in their local language and dialects. The event successfully bridged both offline and online participation, addressing queries on the spot and offering applicants practical solutions.

Dev Anand ably acted as westernised, urban educated, modern hero, as also anti-hero

By Harsh Thakor  On September 26th we celebrated the birth centenary of legendary actor Dev Anand. Dev Saab carved out a new epoch or made a path breaking contribution in portraying romanticism and action in Bollywood cinema, giving his style or mannerisms a new colour. Arguably no Bollywood star manifested glamour in such a dignified or serene manner or struck the core of an audience’s soul in romantic melodies. Possibly we missed this evergreen star being cast in a Hollywood film. Dev Anand is like an inextinguishable soul of Bollywood. Although not as artistic or intense as Dilip Kumar, Raj Kapoor or Ashok Kumar ,Dev Anand surpassed them all for liveliness or flamboyance, with his performances radiating g energy on the screen, in realms rarely transcended. In his own right, Dev Saab, was a craftsman, like his classical contemporaries, with a characteristic composure. Perhaps never was a Bollywood star so suave, bubbling or charming as Dev Anand, who often looked like an Indian versi

Abrogation of Art 370: Increasing alienation, relentless repression, simmering conflict

One year after the abrogation by the Central Government of Art. 370 in Kashmir, what is the situation in the Valley. Have the promises of peace, normalcy and development been realised? What is the current status in the Valley? Here is a detailed note by the People’s Union for Civil Liberties , “Jammu & Kashmir: One Year after Abrogation of Art. 370: Increasing Alienation, Relentless Repression, Simmering Conflict”:

Agro-biodiversity through seed identification, conservation, replication, crop selection

By Kuntal Mukherjee, Basant Yadav, Shivnath Yadav* This article is mainly based on a journey of the three of us since 2010 based on field experience, study of different articles, reflective journeys with local community based organisations, villagers and practitioners in Chhattisgarh. The slow growth of Agriculture in India with near stagnation in productivity since mid ‘80s in contrast to the remarkable growth during the green revolution period has come to the front as a great concern. In post WTO era Indian Agriculture has been witnessing structural changes, uncontrolled influx of agriculture goods and commodities from foreign countries due to open market nature. The gradual reduction in subsidies from internal production leads to increasing cost of production of agriculture produces at the farm gate. It causes gradual decrease in internal production as well as productivity and posing threats to small farm and stakeholders. 

Indian youth can choose political career which offers tremendous opportunities

By Sudhansu R Das  The Indian political sector is growing faster than any other sector in the world. This sector has been fully liberalised. Political career in India is open to any age group starting from 25 plus to 90 plus; people with any educational background, even an illiterate person can contest election in India. An old man or woman with multiple organ failure can become leader of a political party; they can control party workers from the hospital bed also. Social status, physical and mental ability seldom stand in the way of a political leader. Advanced age is not an issue which can be reversed with effortless ease. 

Commodification of road accident deaths: The hidden health hazard of motonormativity

By Chandra Vikash*  Jahnavi Kandula, an Indian student from Andhra Pradesh, studying in America was killed in a road accident by a police motor car in January 2023. Now, 8 months after the accident, a bodycam video of Daniel Orderer, who is the vice president of the Seattle Police Officers Guild, has gone viral on social media. He was laughing at her death and saying that “she was 26 years old, anyway… she had limited value… just give her $11,000 (ie Rs 9.13 lakh)”.