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.
|
Adivasi Xplorer...
प्रो. एम. एल. गरासिया
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.”
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 15th
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
