Dr. B.R.

Ambedkar: A Ray hope of Marginalized people

Dr. N. Bhagya Lakshmi

ABSTRACT

Dr. B.R. Ambedkar was one of the pioneers of social justice. He provided new
dimensions to the concept of justice. The care value of Ambedkar concept of justice is human
equality, equal distribution of the welfare materials and discrimination less society. The concept
and practice of human rights is the hallmark of any modern society. The constitution of India
provides equal rights to all citizens’ right to live with equality, honour and dignity. Caste system
and untouchability are still playing negative roles from different parts of the society. Atrocities
against Dalit’s thus continue to exist even today, despite constitutional safe guards and various
legislative measures.

Human Rights issues are very often understood and analyzed from socio-cultural and
cultural perspectives Indigenous people continue to face discrimination, exclusion and the acts of
communal violence. Laws & polices adopted by the Indian Govt. provide a strong basis for
protection, but are not being strictly implemented.

Women in India, traditionally and in the postcolonial period, have suffered multiple
oppressions. They are denied in most instances, equal access to food, health and education, in
addition to carrying the double burden of household and wage work. The recent upsurge in the
cases of atrocities on schedule castes and incidents of caste violence has perturbed the entire
socio-political ambience of the Indian society. They have suffered not only from economic
exploitation but also from social discrimination. Violence is gradually becoming a common
strategy against them. Babasaheb contribution in shaping the modern India is remarkable. He
showed the way to millions of the downtrodden to a life of self-respect, dignity and
responsibility. He always emphasized spreading education is the only hope among Dalit’s for
their upliftment in society.

Key words: Marginalized and Ambedkar, Discrimination, Exploitation against vulnerable.


Teaching Associate, Damodaram Sanjivayya National Law University, Visakhapatnam. E-mail:
bhagyasri.n@gmail.com, Mobile: 9849528129.
Introduction:

Dr. Bhimrao Ramji Ambedkar popularly known as Babasahed Ambedkar was a social
reformer, public intellectual and one of the finest minds of the 20th century. He was born on
April 14, 1891. He made several provisions in the form of Articles in the Constitution for the
upliftment of the marginalized people in the society. Dr. B R Ambedkar was the universal
personality with the high constitutional acquaintance and knowledge of law. He studied all the
progressive constitutions of current life and planned and framed constitution of India, which is
the standard constitution of the world. His efforts towards irradiating several social evils, and
discrimination on the basis Caste, Class, color, Gender, race, Language, Geographical location
are addressed in his series of speeches and he discover solutions for them through constitutional
efforts 1 . His commitment towards social change and development was constant and he was
restless in giving justice and dignity to the marginalized people and sections of the society. He
was also an ardent supporter of women and labour rights2. “Ambedkar understood that rising and
persistent inequalities pose fundamental challenges to the economic and social well-being of
nations and people and “His tireless efforts to ensure that excluded groups were politically and
socially empowered, that workers were fairly treated, and that every person had access to

education, made him a pioneer in India and in other countries.3

In general, the term ‘marginalization’ describes the overt actions or tendencies of human
societies, where people who they perceive to undesirable or without useful function, are
excluded, i.e., marginalized. These people, who are marginalized, from a GROUP or
COMMUNITY for their protection and integration and are known as ‘marginalized groups’. This
limits their opportunities and means for survival. The Encyclopedia of Public Health defines
marginalized groups as, “To be marginalized is to be marginalized is to be placed in the margins,
and thus excluded from the privilege and power found at the center”. Latin observes that
“Marginality’ is so thoroughly demeaning, for economic well-being, for human dignity, as well
as for physical security. Marginal groups can always be identified by members of dominant

1
https://papers.ssrn.com/so13/papers.cfm?abstract_id=3044336 accessed on 17-06-2019
2
https://www.youthkiawaaz.com/2019/04/dr-b-r-ambedkar-leader-of-the-modern-india accessed on 12-07-2019
3
on the occasion of Ambedkar’s 127th Birth Anniversary, UN Development Programme Administrator Achim
Steiner
society, and will face irrevocable discrimination4.” Marginalization is the process of pushing a
particular group or groups of people to the edge of society by not allowing them an active voice,
identity, or place in it. Through both direct and indirect processes, marginalized groups may be
relegated to a secondary position or made to feel as if they are less important than those who
hold more power or privilege in society.

Ambedkar and Social Work:

Dr. Babasaheb Ambedkar, the symbol of knowledge and the main architecture of the
Indian Constitution, is the inspiration for the marginalized sections of India. He handles the
problems of the marginalized properly, with care and concern. He puts the hardship and
predicament of marginalized of India in his work. He arrests the attention of the globe by
discussing the problems, questions and difficulties of the Marginalized.
Dalits and Tribals are a part of our society who face marginalisation in every sphere of
national activity- social, political and economic. While Constitutional goals and provisions have
clearly stated the special protection given to dalits and tribals because of their situation of
vulnerability, in reality, the benefits of Constitutional and statutory provisions have failed to
reach down due to lack of sensitivity and responsiveness of the key duty-bearers. Dalits face
marginalisation in every aspect of their lives from being debarred from basic livelihood to social
and cultural hindrances. Tribal communities face the negative side of ‘governance’ in the form of
corruption and violence by state agencies such as the police, forest department, etc, they also
typically, lack access to the formal justice systems due to their backwardness, poverty, lack of
literacy and lack of support systems. In this milieu, what is needed is a sensitive response to their
situation and a patient consideration of their needs when they are arrayed as litigants. The
practice of untouchability is the worst offender of the right to equality and has been the core
reason for many kinds of inequality in India’s society. This one practice has a negative impact on
many other rights including the very right to life and personal liberty5.
Many countries as on today have reservation policy regarding employment, educational
and housing opportunities for the poor and the different types of religious, linguistic and other

4
https://www.lawctopus.com/academike/problems-margianlizes-groups-india/ accessed on 11-07-2019
5
https://www.undp.org/content/dam/india/docs/DG/Removing%20Barriers%20through%20the%20Bench.pdf
accessed on 14-07-2019
forms of minorities. In other words, reservation is accepted as a policy instrument to create
economic and social opportunities for the welfare of the discriminated and oppressed class.
Since, India under British rule from the beginnings of 20th century the idea of job reservation is
government services for minorities was discussed and time and again had become a matter of
collective bargain between Hindus and Muslims and thus, it had become a political controversy6.
Thereby, reservation was viewed as an instrument of equitable distribution of government jobs.

Non institutional social work practice was started long back in India and it got
acceleration after legalized efforts of Ambedkar towards welfare of the marginalized sections 7.
Hence, it may be observed that reservation of jobs and seats in educational institutions on low
caste basis has been accepted as an instrument of social justice to provide equal opportunities for
the depressed and backward classes in India. This is an important contribution of Dr. Ambedkar
not only for SC “s but also for the upliftment of other backward classes and women.

Ambedkar and Human Rights:

Dr. Ambedkar had provided for various constitutional safeguards to ensure human rights.
Hence, they are the measures for achieving social justice in India. Dr. Ambedkar came to be
closely associated with the drafting of the Indian Constitution as the Chairman of the drafting
committee and as a member of the Advisory committee on Minorities and Human Rights. As the
questioned spokesman of the untouchables, Dr. Ambedkar kept in mind the interests of the
Scheduled Castes while participating in the process of drafting the Constitution8. It was agreed
that the other Backward Classes would be designated at the local level. Dr. Ambedkar was
successful in formulating a number of constitutional safeguards for protecting Civil Rights and
ensures social justice through the state sponsored development programmes for protecting the

6
International Journal of Social & Interdisciplinary Research ISSN 2277 3630 IJSSIR, Vol. 2 (3), MARCH (2013)
Online available at Indian research journals.com
7
http://shodhgana.inflibnet.ac.in/bitstream/10603/148367/12/12_chapter%20-%2007,pdf accessed on 10-07-2019
8
Thomas Mathew, Ambedkar: Reform or Revolution, New Delhi, 1991, p.122
human rights and promote total empowerment of Dalits in India. Accordingly, the state has
accepted as its responsibility the task of promoting socio-economic development of the Dalits9.

Dr. Babasaheb Amebedkar experienced discredit and obstacles as an untouchable.

Untouchables, the marginalized section of the society, tolerated all these things mutely. There
was the feeling in their minds that these sufferings, ill treatment were there in their lot and they
have to bear it. They were grinding in this unfavorable social order. They were unaware about
their rights. They were not feeling anything strange in the treatment offered to them by the
society. They digested all predicaments and insults. Though the social order was against them,
they were became the part of it. They did not desire to oppose the Established social order. Their
feelings were dried. They had the fear regarding the social order.

His works emphasizes on elimination of the marginalization of these people and to

eliminate the caste system. Caste system which has fixed its roots in the society is essential to
root out. Without the elimination of the caste system, the position of the marginalized cannot be
empowered. The caste is the enclosed system his works emphasizes on elimination of the
marginalization of these people and to eliminate the caste system. Caste system which has fixed
its roots in the society is essential to root out. Without the elimination of the caste system, the
position of the marginalized cannot be empowered. The caste is the enclosed system. Dr.
Babasaheb Ambedkar, by doing this, attempts to create unity, harmony and peace which are
essential for the progress of the society. The progress of the society leads the progress of the
country.

The development of any nation depends on its educational system and it is proved that
education is the key to human progress and social change. Education is a powerful tool for
empowerment of individual. It helps in developing confidence in individual and community
about their own capacities, inherent strengths to shape their lives and thus enhance the inner
strength intellectual, political, social and economic against oppression, exclusion and
discrimination. The education forms the most important and this is the particular thing which
forms the base of the nation’s development.

9
http://legaldesire.com/constitutional-rights-and-safeguards-provied-to-the-vulnerable-groups-in-india/ accessed on
12-07-2019
 Ambedkar has argued for social democracy as a way of life in family and social life
which recognizes liberty, equality and fraternity as its basic principles. He said democracy is not
merely a form of Government. It is essentially an attitude of respect and reverence towards
fellowmen. Political democracy cannot last without social democracy. He also said fraternity is
the other name of democracy, a sense of common brotherhood which is equally important to
build a nation like ours with so much of diversity and social hierarchy based on caste. Ambedkar
was more engaged in building social movements to bring the socially oppressed sections into the
nation building as equal citizens of modern India10.

The major problem faced by every developing nation is that the large number of human
sector falls under the poverty line. They are deprived of adequate access in the basic needs of life
such as health, education, housing, food, security, employment, justice and equity which also
include issues related to sustainable livelihood, social and political participation of the vulnerable
groups exists as the major problem in the developing nations11.

Constitutional safe guards of the vulnerable groups:

There are various constitutional provisions which are dealing with the problem of
discrimination on the basis of Caste. The basic aim or objective of making these articles is to
make the socially and economically people to fall in the same category as the sections of the
society is treated and make them feel comfortable about their position in the society.

Dr. Ambedkar introduced Article 13(2), which describes “The State shall not make any law
which takes away or abridges the rights conferred by this part and any law which takes away or
abridges the rights conferred by this part and any law made in this contravention of this cause
shall, to the extent of the contravention, be void12”.

Art. 15(4): Clause 4 of article 15 is the fountain head of all provisions regarding compensatory
discrimination for SCs/STs.

10
https://www.dailypioneer.com/2016/state-editions/lets-respect-ambedkars-vision-of -an-equal-india.html accessed
on 10-06-2019
11
D. Jeevan kumar, New Delhi, 1991
12
M.P. Jain, Constitution of India
Art. 15(5): This clause was added in 93rd amendment in 2005 and allows the state to make
special provisions for backward classes or SCs or STs for admissions in private educational
institutions, aided or unaided.

Art. 19 A: Education up to 14 yrs has been made a fundamental right. Thus, the state is required
to provide school education to children so as to maintain the integrity of the principle under
which these laws are made and also to maintain the equal treatment of child under the
constitution and in the eyes of law as well as society.

Art. 24: Children have a fundamental right against exploitation and it is prohibited to employ
children below 14 yrs of age in factories and any hazardous processes. Recently the list of
hazardous processes has been update to include domestic, hotel, and restaurant work. Several
public interest litigations have been filed in the benefit of children.

Art. 45: Urges the state to provide early childhood care and education for children up to 6 yrs of
age. Age and high levels of economic reliance combine to create high levels of vulnerability to
chronic poverty. While old age pension schemes are in lace neither the small amounts made
available nor the aggravated from of accessing them make this a resolution to the trouble of
chronic poverty between the elderly. With the high incidence of chronic ailments and health care
needs of the elderly, declining family size, migration and breakdown of traditional family
structures that provided support, this group of the population is extremely vulnerable to poverty.

Judiciary Approach:

In the case of Champakam Dorairajan v. State of Madras13 Supreme Court held that,
“Nothing in this article or in article 29(2) shall prevent the state from making any provisions for
the advancement of any socially and economically backward classes of citizens for Scheduled
Castes and Scheduled Tribes.” This clause started the era of reservations in India.

In the case of Balaji v. State of Mysore14, the Apex Court held that reservation cannot be
more than 50% further, that Art. 15(4) talks about backward classes thus caste is not the only

13
AIR 1951 SC 226
14
1963 AIR 649
criterion for backwardness. Finally, in the case of Indra Sawhney v. Union of India15 Supreme
Court upheld the decision given under Balaji v. State of Mysore16 that reservation should not
exceed 50% except only in special circumstances. It further held that it is valid to sub-categorize
the reservation between backward and more backward classes. However, total should still not
exceed 50%. It also held that the carry forward rule is valid as long as reservation does not
exceed 50%.

In the case of Unni Krishnan v. State of AP17 SC held that right to education for children
between 6 to 14 yrs of age is a fundamental right as it flows from Right to life. After this
decision, education was made a fundamental right explicitly through 86th amendment in 2002.

The Preamble of the Indian Constitution imbued among its people with pride of being its
citizens in an integrated Bharat with fraternity, dignity of person and equality of status. But
caste-ism; sectional and religious diversities and parochialism are disintegrating the people.
Social stratification need restructure. Democracy meant fundamental changes in the social and
economic life of the people, absence of inequitous conditions, inequalities and discrimination.
There can be no dignity of person without equality of status and opportunity. Denial of equal
opportunities in any walk of social life is denial of equal status and amounts to prevent equal
participation in social intercourse and deprivation of equal access to social means. Humane
relations based on equality, equal protection of laws without discrimination would alone generate
amity and affinity among the heterogeneous sections of the Indian society and a feeling of equal
participants in the democratic polity. Adoption of new ethos and environment are, therefore,
imperatives to transform the diffracted society into high degree of mobility for establishing an
egalitarian social order in Secular Socialist Democratic Bharat Republic18.

The Indian Constitution promises its citizens equality in all aspects. Every person must be treated
equally in the eyes of the law and in society.

15
AIR 1993 SC 477
16
Supra 12
17
1993 SCC (1) 645

18
State Of Karnataka vs Appa Balu Ingale & others SC 1993
Conclusion:

The marginalisation of ethnic, religious and linguistic minorities has a significant detrimental
impact on poverty reduction, democratic governance, environmental sustainability and conflict
prevention. The judiciary is undoubtedly the strongest protector of the rights of people. Without
judicial remedies any guarantee of a constitutional, legal or statutory right would be meaningless.
Judges therefore hold the key for the notion of justice to be played out in a meaningful manner.
While the Constitution of India is a strong document mandating equality and justice in its various
forms to every citizen, many factors work at stripping a person of the protection of these rights.
The judiciary therefore is positioned at the cutting edge of the system and can ensure that the
rights of a person can be protected even though he or she may be otherwise disempowered and
weak due to personal, social or economic factors.

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