Scheduled Tribes in Fifth Schedule and Dr.Ambedkar

My Reply on Prof.M.L.Garasiya’s Article “Sanvidhan me Kyu nahi diya gaya “Adivasi” shabd ko Sthan/Mahatva”?( Why The Word “Adivasi” was not given importance/place in the Constitution of India?”.

Three days before I received one watsapp message from one of my friend who stays in Mumbai. The subject of the message was “Sanvidhan me Kyu nahi diya gaya “Adivasi” shabd ko Sthan/Mahatva”?( Why The Word “Adivasi” was not given importance/place in the Constitution of India?”. This article was written by one Prof.M.L.Garasiya. In this article he is alleging Dr.Ambedkar that he did not place the word “Adivasi” in constitution of India and did not even speak for the Tribal’s right. Mr.Garasiya said that It was Mr.Jaipal Singh Munda who actually stressed for the word “Adivasi” in the Fifth Schedule and stood strongly for tribal’s rights. Prof.M.L.Garasiya also alleged that Dr.Ambedkar did not speak about tribals since he was afraid dalits will have lesser rights as compared to tribals and that’s why Ambedkar did not include the word “Adivasi” in Fifth Schedule of the Constitution of India. 

As an Ambedkarrite and a student of Constitution of India, I felt it is necessary to answer these allegations. Before writing my views on this I would like to convey my deep thanks to my friend who felt that I could do justice to this subject and shared me the article written by Prof.M.L.Garasiya. I have tried my best to justify the subject and reply on all the allegations made by Mr.Garasiya. In doing so, I may have taken some of the imminent personalities statements who acknowledged the work of Dr.B.R.Ambedkar for speaking on Tribal’s rights.

I leave it on the readers to judge my efforts that I put forth in replying on Mr.Garasiya’s allegations. If there are any mistakes I regret them and wish to have positive reviews from the readers. I also invite the critiques to reply on this article. I do not claim this reply to be perfect to the context, but I am certain that, the critiques must do their best homework to counter my points mentioned herein.

I am posting the full para written by Prof.M.L.Garasiya which  I received from my friend.

संविधान में क्यों नहीं दिया गया "आदिवासी" शब्द को स्थान/महत्व:-

Adivasi Xplorer...
प्रो. एम. एल. गरासिया

“बाबा साहेब भीमराव अम्बेडकर ने जब संविधान सभा में आदिवासियों के लिए एक भी शब्द नहीं बोला तो संविधान सभा में आदिवासी प्रतिनिधि के तौर पर आदिवासी नेता आदरणीय स्वर्गीय श्री जयपालसिंह मुंडा जी ने आदिवासियों का पक्ष मजबूती के साथ रखा था। आदरणीय स्वर्गीय श्री जयपाल सिंह मुंडा जी झारखण्ड के आदिवासी थे. जिन्हों ने एम्स्टर्डम 1928 के ग्रीष्मकालीन
ओलंपिक में स्वर्ण जीतने के लिए भारतीय हॉकी टीम की कप्तानी की थी.संविधान की 5वी और 6वी सूचि के लिए जयपाल सिंह मुंडा ने ही देश की संविधान सभा के सदस्य के रूप में सक्रिय भूमिका निभाई थी आंबेडकर ने नहीं . और उन्होंने. उन्होंने संविधान सभा में आक्रोश के साथ कहा था कि "मेरे आदिवासी लोग "पिछले 6,000 वर्षों से उपेक्षित और कुचले हुए हे। यह मेरे आदिवासी समाज के लोग है वे अपमान भरा जिल्लत का जीवन जीने के लिए विवश किये गए हे. मेरे समस्त आदिवासी समाज को गैर आदिवासियों द्वारा सदियों से प्रताड़ित किया गया हे और उनका शोषण किया गया हे. गैर आदिवासियों द्वारा आदिवासियों को प्राचीनकाल से निर्वासित जीवन जीने के लिए विवश किया गया हे." जयपालसिंह मुंडा ने संविधान में अम्बेडकर के समक्ष
आदिवासियों के लिए ''आदिवासी' शब्द का प्रयोग किये जाने की भी मांग की थी परन्तु अम्बेडकर को महारो और दलितों का महत्त्व आदिवासियों के मुकाबले कम हो जाने का भय था इस कारण उन्होंने आदिवासियों के लिए ''आदिवासी'' शब्द की मांग को ठुकरा दिया। आज अगर हम भारतवर्ष के "आदिवासी" होने की गरिमा से संविधान में वंचित है तो इसके जिम्मेदार केवल और केवल अम्बेडकर है.”

To begin with my reply on the above allegations I deny all the misrepresented facts supra. Prima Facie I see the maligned intention of Prof.M.L.Garasiya and his hatred toward the father of Indian Constitution. He must have not read, misread and misinterpreted the facts which he had written in the above article. The whole world knows that Dr.B.R.Ambedkar is the person who fought for the rights of SC,ST, OBCs and Minorities. Right from his first agitation at Mahad for water until he breathed last. He not only fought with the Britishers but also with the inner caste hindus who enslaved the majority of the people under religious slavery.

To enter into the main subject, I would like to mention here that he First Amendment motion for Fifth Schedule was moved by Mr. Naziruddin Ahmad of West Bengal. He moved amendment no.154 before the Constituent Assembly. Further Amendments Nos. 156, 157, 158, 159 and 160 were also not been moved. After the said amendments were not put into motion and passed without much discussion, the members of the constituent assembly raised query of moving the amendments after general discussion. Mr.Rajendra Prasad, the President of the Constituent Assembly requested the members to raise their hands who wish to participate in general discussion on Fifth Schedule. About twelve Members rose in their places and it was decided that all the amendments to be moved and then general discussion will be carried out.

As claimed by Mr.M.L.Garasiya that Shri Jaipal Singh spoke about the Adivasi rights and he was the only person who stood for Adivasis. It is to bring into his notice that, Shri Jaipal Singh represented in Constituent Assembly from Bihar not Jharkhand. Jharkand state was formed on 15^th November 2000 from the southern part of Bihar. Jharkhand was not even a recognized state during 1947. So to say that Mr.Jaipal Singh belongs to Jharkhand is an empty lie to mislead people.

Now let me draw your attention to the stand taken by Mr.Jaipal Singh in the Constituent Assembly. While moving an amendment No. 20 in paragraph 3 of the proposed Fifth Schedule, he stressed to add the further clause “after the words 'scheduled areas' wherever they occur, the words 'and scheduled tribes' be inserted; and the words 'or whenever so required by the Government of India' be deleted."[1]

While putting forth the amendment he says that the word "scheduled tribes" has been left out in the Fifth Schedule. Adivasi by himself, Mr.Jaipal Singh wanted the inclusion of the word “Scheduled Tribe” along with the Scheduled Areas. To support his views, he moved “Five Amendments” for the proposed Fifth Schedule as follows:

The first amendment among the five proposed amendments put for the by Mr.Jaipal Singh was;

1.       1.That in amendment No. 20 above, in paragraph 3 of the proposed Fifth Schedule, after the words 'scheduled areas' wherever they occur, the words 'and scheduled tribes' be inserted; and the words 'or whenever so required by the Government of India' be deleted.[2]

He was of the opinion that though the heading of the Fifth Schedule is “Provisions As To The Administration And Control Of Scheduled Areas And Scheduled Tribes” but, in Para I and III the word "scheduled tribes" has been left out intentionally. And that’s why this amendment is been moved.

2.       It shall be the duty of the Tribes Advisory Council generally to advise the Governor or Ruler of the State on all matters pertaining to the administration, advancement and welfare of the Scheduled Tribes of the State'.(Move 33)[3]

3.       That in amendment No. 20 above, in sub-paragraph (1) of paragraph 5 of the proposed Fifth Schedule, after the words 'as the case may be' the words 'if so advised by the Tribes Advisory Council' be inserted."(move 47).[4]

He was of the opinion that this new proposed Fifth Schedule has, somehow or other, perhaps without meaning it, emasculated the Tribes Advisory Council.

4.       That in amendment No. 20 supra, in sub-paragraph (2) of paragraph 5 of the proposed Fifth Schedule, the words 'in any such area' be deleted."(Move 50).[5]

While moving the above motion, he wanted that any benefits scheduled tribes might want to confer on them should not be limited or circumscribed by the areas, that they should extend to the entire State or wherever the scheduled tribes may be.

5.       That in amendment No. 20, in sub-paragraph (5) of paragraph 5 of the proposed Fifth Schedule, “for the word 'consulted' the words 'been so advised by' be substituted."(Move 52)[6]

He argued while moving this amendment that the Tribes Advisory Council should be effective and have a real say in what is being done. It should not just be a body of higher degree without any performance.

Finally, while closing his address in the Constituent Assembly during his amendments motions, Mr.Jaipal Singh said “As I have already stated, there are only two principles involved in my five amendments: first, that the. Scheduled Tribes, all of them, should be benefited by-the provisions of the Fifth Schedule and, secondly, that the Tribes Advisory Council should be a reality and not a farce. Let us not give it a big name, without any powers to do things.”

Mr.Jaipal Singh further accused the Drafting Committee for not consulting him before drafting the Fifth Schedule. He was of the opinion that, during the consultations and conferences held with respect to Fifth Schedule, he was not invited nor informed about the developments taken place and one fine day, the Drafting Committee proposed Fifth Schedule in the Constituent Assembly. He said, being an adivasi he wanted the first claim to be consulted in the proposed changes.

Dr.Ambedkar refuting the allegations made by Mr.Jaipal Singh and explaining the importance of Fifth Schedule (Articles 215-A (a) and 215-B (1)) says, “I may mention that the Drafting Committee in putting forth this new Schedule had discussed the matter with the representatives of the provinces who are concerned with this particular matter, namely of scheduled area and scheduled tribes. We had also taken into consideration the opinion of my honourable Friend,                 Mr.Thakkar, who knows a great deal about this matter and I may say without contradiction that this new Schedule has the approval of all the parties who are concerned in this matter, and I hope that the House will have no difficulty in accepting the new Schedule in place of the old one.”[7]

The above explanation evidently discards the empty allegations made by Prof.M.L. Garasiya that, Mr.Jaipal Singh spoke for the Adivasis but not Dr.Ambedkar. Its not difficult to understand Mr.Garasiya’s intentions behind degrading the immense contribution of Dr.Ambedkar who relentlessly spoke about the rights of SC, ST, OBC and Minorities. Dr.Ambedkar not only advocated for the said classes but has given fundamental rights to each and every citizen of this great nation. The intentions of Prof.M.L.Garasiya must be to create ideological differences and hatred for Dr.Ambedkar among the Scheduled Tribes!

After the elaborate discussion on Fifth Schedule by the members, Mr.K.M.Munshi on behalf of Drafting Committee explained the significance of Fifth Schedule.  Rejecting the allegation made by Mr.Jaipal Singh that he was not invited for any discussion prior to drafting the Fifth Schedule neither called for any meeting or conference, Mr.K.M.Munshi refutes his allegations thus, “Mr. President, Sir, I would not have intervened in this debate but for a couple of remarks of my friend Mr. Jaipal Singh. He complained that when some of us who are interested in this problem met at a conference he was not consulted. He will agree that it is not a fair charge. Three times my friend. Mr. Jadubans Sahai from Bihar was sent to invite him. He said he was coming but did not come”.[8]

The above para reveals that, the allegations made by Prof.M.L.Garasiya, that it was not Ambedkar but Jaipal Singh who spoke about the adivasi rights will understand that, Mr.Jaipal Singh never attended a meeting before drafting the Fifth Schedule. Neither he responded to the meeting calls made by the drafting committee. I do not understand on what basis Mr.Garasiya  claims that Mr.Jaipal Singh spoke for the Adivasis. This speaks about the intention of Prof.M.L.Garasiya for blaming Dr.B.R.Ambedkar without going through the correct history of constitution making. Fortunately we have enough documentary evidences to disprove any allegations raised by any anti constitutional and anti ambedkarrite forces.

Further, Mr.K.M.Munshi also clarified all the doubts and concerns raised by Mr.Jaipal Singh. Speaking on Mr.Jaipal Singh’s first motion supra (amendment 20) Mr.K.M.Munshi says “One of my honorable Friends amendments says (amendment No. 20) that after the words "Scheduled areas" wherever they occur the words "and scheduled tribes" be inserted. That would mean that any member of any scheduled tribe, even if he comes to a city and has been more or less absorbed in the life of the city, must still be regarded as a different individual from the rest of the community and must have a tribal committee to look after him. This will destroy the whole object which he says he has in view.”

“The third set of amendments which my honorable Friend, Mr. Jaipal Singh, has moved (amendments Nos. 47 and 52) and Mr. Yudhishthir Mishra's amendment No. 46, are to the effect that the Tribes Advisory Council should be miniature senates with power to aid and advise the Governor in all matters falling within the purview of this schedule; there should be a kind of responsible Government with regard to these matters under which the Governor should accept the advice of not of a ministry but an assembly. That is an utter absurdity.

Take the first case; an Act of the Parliament or an Act of the State would straightaway apply to the Scheduled area, but if the Governor thinks that in the interests of the tribals, certain sections of such an Act should not apply, he should be free so to decide. Is it possible for each Tribal Advisory, Committee of a small tribe to come to a common conclusion with regard to an elaborate Act of Parliament as to what provisions of it should or should not apply? Under the draft as it stands all that the Governor has to do is that they should be consulted with regard to regulations. In regard to notifications when he thinks that certain provisions of the Central Act or the Act of the State should not apply in the interests of the tribals, no previous consultation will be necessary because after all the sacred trust in respect of this step is placed on the Provincial Government.”[9]

Here, the point is to be noted that, the drafting committee was very clear and particular about the tribals and their rights.  Mr.Munshi explains that, the committee is indeed looking after the upliftment of scheduled tribes and all the necessary guidelines have been incorporated in the schedule. Mr.Munshi affirmed that the amendment proposed by Mr.Jaipal to include the word “Scheduled Tribes” in the said Para will ruin the very object of development.

Mr.Rajendra Prasad, the President of the Constituent Assembly proceeds further with the amendment no.27 moved by Mr.Jaipal Singh. The amendment was “decided to be negative” and paragraph 3 added to the Fifth Schedule AS IS proposed by Dr.B.R.Ambedkar !

The above explainations prove that Mr.Jaipal Singh’s amendments were not accepted by the Constituent Assembly. And therefore, Prof.M.L.Garasiya’s allegations has no life.

I would like to highlight some of the statements of the members of Constituent Assembly who acknowledged Dr.B.R.Ambedkar for raising the tribal rights issue in the assembly as follows;

Shri A. V. Thakkar: “Mr. President, Sir, It gives me very great pleasure to support Dr. Ambedkar's revised Schedule No. 5, because of two reasons. One is that it is very abridged. Abridgment does not take away anything from that except one or two small points, but it widens it in respect of inclusion of the tribals of the Indian States which have formed themselves into Unions as well as those that have merged in the provinces.”

He further adds before concluding his motion “…Sir, I have very great pleasure in saying that I support amendment No. 20 of Dr. Ambedkar that has been put forward. Not only has it been abridged, but it has widened the scope of its application.” [10]

Shri Jadubans Sahay (Bihar: General) : “Mr. President, Sir, I have taken my stand here in order to congratulate Dr. Ambedkar and those associated with him for having brought about this redrafted Schedule V. I congratulate them because Schedule V as originally drafted was too rigid as has been observed by Dr. Ambedkar.”[11]

Shri Muniswamy Pillay (Madras) : “…I think great credit is also due to the Drafting Committee for so ably bringing forward this Fifth Schedule which goes a long way to improve the conditions of the tribal people.”[12]

Shri Biswanath Das( Bihar): “My honorable Friend, Mr. Jaipal Singh, has spoken of conferences behind his back. There has been nothing of the kind. I appeal to him to shed this attitude of distrust of people who least deserves to be distrusted.”[13]

The above statements are from the learned members who participated in the constitution making. They applauded Dr.B.R.Ambedkar for putting for the Fifth Schedule which elaborately speaks on the tribal rights.

THP Chentharassery in his book “History of the Indigenous Indian” writes. “When Dr.Ambedkar took a resolute stand applied his sharp weapon of non-cooperation, Jawaharlal Nehru, Mukherjee and Patel realized the graveness and value of Ambedkar’s silent but meaningful protest. They made clear understanding on the problem with ambedkar. As a result of their capitulation and the compromise, the chapter on scheduled castes and scheduled tribes was included in the draft constitution.”[14]

Conclusion: -

Dr.B.R.Ambedkar during his lifetime has always fought for the rights of all the suppressed classes of India. Today we can find his extensive literature he wrote for defacing the caste system and ways to solve the problems of the suppresses masses.  In the book “Thoughts on Pakistan”(1942) Dr.B.R.Ambedkar advocated for special arrangements to Bihar and Orissa, where the tribals populations was higher. It is to be noted that most of the tribals were converted to Christianity and despite that, he advocated for their rights.

In his another book “Communal Deadlock And Ways to Solve It”(1945), he writes about the Aboriginal Tribes thus “…The Aboriginal Tribes have not as yet developed any political sense to make the best use of their political opportunities and they may easily become mere instruments in the hands either of a majority or a minority and thereby disturb the balance without doing any good to themselves. In the present stage of their development it seems to me that the proper thing to do for these backward communities is to establish a Statutory Commission to administer what are now called the ' excluded areas ' on the same basis as was done in the case of the South African Constitution. Every Province in which these excluded areas are situated should be compelled to make an annual contribution of a prescribed amount for the administration of these areas.”[15]

We have to understand that, at one side, Dr.Ambedkar was curious about the conditions of Scheduled Tribes that they will just be instrumental in the hands of majority(his prophesy has proved right in the present context). And therefore, he wanted to have a separate commission for the Scheduled Tribes to look after their conditions and propose developmental plans for them. That’s the reason he enshrined Art.342 especially for Scheduled Tribes. The Fifth and Sixth Schedule of the Constitution of India speaks about the tribals. Apart from this articles, we have Fundamental Rights (Art.12-35) applies to every citizen of the country. The Directive Principles of State Policies (Art.36-51) specifies the guidelines to the states to do every possible act to improve the conditions of all the citizens which includes the Scheduled Tribes (Adivasis).

From the above facts it is clear as a day light that constitutional rights that the scheduled castes/tribes and obcs enjoying today, are obtained not merely by the generosity or magnanimity of anybody. It has been achieved by the relentless and unremitting labour of Dr.Ambedkar and his activities. Had he not been there as the chairman of the drafting committee, the welfare of the scheduled castes, scheduled tribes and obcs and all other weaker sections would have been a mere dream.

With Regards…

Adv Mahendra Jadhav

Hyderabad.

Cont.No. 080087 54848

---

[1] Sri Jaipal Singh ( Bihar) - 5.9.1949 - Constituent Assemble Debates (Proceedings) – Vol.IX

[2]  Sri Jaipal Singh ( Bihar) - 5.9.1949 - Constituent Assemble Debates (Proceedings) – Vol.IX

[3] Ibid

[4] Sri Jaipal Singh ( Bihar) - 5.9.1949 - Constituent Assemble Debates (Proceedings) – Vol.IX

[5] ibid

[6] ibid

[7]  Dr.B.R.Ambedkar - 5.9.1949 - Constituent Assemble Debates (Proceedings) – Vol.IX

[8] Mr.K.M.Munshi - 5.9.1949 - Constituent Assemble Debates (Proceedings) – Vol.IX

[9]  Mr.K.M.Munshi ( Bombay) - 5.9.1949 - Constituent Assemble Debates (Proceedings) – Vol.IX

[10] A.V.Thakkar ( Saurashtra) – 5.9.1949 - Constituent Assemble Debates( Proceedings) – Vol.IX

[11] Ibid

[12] Shri Muniswamy Pillay ( Madras) – 5.9.1949 - Constituent Assemble Debates( Proceedings) – Vol.IX

[13] ibid

[14] THP Chentharassery - History of the Indigenous Indians

[15] Dr.B.R.Ambedkar – Communal Deadlock And Ways to Solve It – 1945 – Page-19