Monday 15 November 2021

Annihilation of Caste - Extract

Introduction

Annihilation of Caste, written in 1936 is undoubtedly the best book on Caste in India. It is written by Dr.B.R.Ambedkar after having been done his Doctorate on the same subject titled, Castes in India their Mechanisms Genesis and Development. Having read hundreds of texts on the evolution, progress, propagation of Caste there can be no a better person than Ambedkar to understand Caste.  

Annihilation of Caste is a write up actually meant to be delivered as a speech at the conference of  Jat-Pat-Todak Mandal, an organization of Hindu Social Reformers. The annual conference was to be held at Lahore (now Pakistan). But Ambedkar couldn't deliver the said speech as the organizers cancelled his invitation after finding the content of the 'speech write up' objectionable (the speech was sent to the organizers in advance for their reference). Ambedkar then thought to convert this speech write up as a book, which took the shape of  Annihilation of Caste.

The content of the book is so important that it needs to be read by every Indian irrespective of his/her caste affiliation, only to understand the social fabric of India - problems and solutions. Now the purpose of me writing this blog is to bring the summary/bullet points of the content of the book for the people who are not used to reading books.

Note: Content mentioned in //...// is added only to set the context. Though the following is the extract of the book, enough care is taken that the flow is not disturbed and when it is read the reader should be able to understand it as a whole.


Social Reform versus Political Reform

Whether Social Reform should precede Political Reform

Social Reform in India has few friends and many critics

I will draw upon the treatment of the untouchables for my facts.

Under the rule of Peshwas in the Maratha country,

  •  the untouchable was not allowed to use the public streets if a Hindu was coming along lest he should pollute the Hindu by his shadow
  • The untouchable was required to have a black thread either on his wrist or in his neck as a sign or a mark to prevent the Hindus from getting themselves polluted by his touch through mistake.
  • In Poona, the capital of the Peshwa, the untouchable was required to carry, strung from his waist, a broom to sweep away from behind the dust he treaded on lest a Hindu walking on the same should be polluted.
  • In Poona, the untouchable was required to carry an earthen pot, hung in his neck wherever he went, for holding his spit lest his spit falling on earth should pollute a Hindu who might unknowingly happen to tread on it
The tyranny practiced by the Hindus upon Balais, an untouchable community in central India, which you will find a report in Times of India, 4th January 1928. It reported that high caste Hindus, viz. Kalotas, Rajputs and Brahmins including the Patels and Patwaris of around 20 villages of Indore informed Balais that if they wished to live among them they must conform to the following rules,
  • Balais must not wear gold-laced bordered purgees and dhotis with coloured fancy borders
  • In all Hindu marriages, Balais must play music
  • Balai women must not wear gold or silver ornaments, fancy gowns or jackets
  • Balais must render services without demanding remuneration and must accept whatever a Hindu is pleased to give ( //we call this as Vetti Chakiri in Telugu//)
  • If the Balais do not agree to abide by these terms they must clear out of all the villages
The Balais refused to comply as a result they were not allowed to get water,  were not allowed to let go their cattle to graze, prohibited from passing though land owned by Hindu.
The Balais submitted petitions to the Darbar against these persecutions; but as they could get no timely relief, Balais with their wives and children were obliged to abandon their homes in which their ancestors lived for generations and to migrate to adjoining states.

Having stated the facts let me now ask,
Are you fit for Political power even though you do not allow a large class of your own countrymen like the untouchables to use public school, to use public wells, to use public streets, to wear what apparels or ornaments they like, to eat any food they like?

Congressmen who repeat the dogma of Mill that one country is not fit to rule another country must admit that one class is not fit to rule another class

It is necessary to make a distinction between social reform in the sense of the reform of the Hindu Family and Social reform in the sense of the reorganization and reconstruction of the Hindu Society. The former has relation to widow remarriage, child marriage, etc., while the latter relates to the abolition of the Caste System

History bears out the proposition that political revolutions have always been preceded by social and religious revolutions 
  • The religious reformation started by Luther was the precursor of the political emancipation of the European people.
  • In England, Puritanism led to the establishment of political liberty. Puritanism founded the new world. It was puritanism that won the war of American Independence and Puritanism was a religious movement.
  • Arabs became a political power they had undergone a thorough religious revolution started by the Prophet Mohammad.
  • The political revolution led by Chandragupta was preceded by the religious and social revolution of Budha.
  • The political revolution led by Shivaji was preceded by the religious and social revolution brought about by the Saints of Maharashtra.
  • The political revolution led by Sikhs was preceded by the religious and social revolution led by the Guru Nanak.

On Socialist ideology vis-à-vis the Social reform 
//Is Economic Reform enough to have a Social Reform?//
That, religion is the source of power is illustrated by the history of India where the priest holds a sway over the common man often greater than the magistrate.

Religion, Social Status, and Property are all sources of power and authority, which one man has, to control the liberty of another.

I would like to ask Socialists this: Can you have economic reform without first bringing about a reform of the social order?

Turn any direction you like, caste is the monster that crosses your path. You cant have political reform, you cant have economic reform, unless you kill this monster.


Caste system or Varna system is not only the division of labour but also the division of laboureres. And to further, it is a hierarchy in which the division of labourers are graded one above the other
//(can be used in the argument of Merit)//
This division of labour is not spontaneous, its not based on natural aptitude. 
Social and individual efficiency requires us to develop the capacity of an individual to the point of competency to choose and to make his own career. This principle is violated in the caste system. //The merit// is a selection not on the bases of trained original capacities, but on that of the social status of the parents.

//From the above view point, the search for an answer to the question of Merit was in vogue for hundreds of years. No one bothered, to their convenience, to answer//
The division of labour brought by the Caste System is not a division based on choice. 

On Hindu Society

Hindu Society is a myth. The name Hindu is itself a foreign name. It was given by the mohmmedans to the natives for the purpose of distinguishing themselves. It does not occur in any Sanskrit work prior to the mohammedan invasion.

Hindu Society is a collection of castes.
Each caste not only dines among itself and marries among itself but each caste prescribes its own distinctive dress.
In every Hindu the consciousness that exists is the consciousness of caste. 

Caste is Anti-Social

The literature of Hindus is full of caste genealogies in which an attempt is made to give a noble origin to one caste and an ignoble origin to other castes

The anti-social spirit is not confined to caste alone. It has gone deeper and has poisoned the mutual relations of the sub-castes as well.

Civilizing (//inclusiveness//) the aborigines means adopting them as your own, living in their midst, and cultivating fellow-feeling, in short loving them.

Who is better for the oppressed classes - Mohammadans or Caste Hindus?
I have no hesitation in saying that if the Mohammedan has been cruel the Hindu has been mean and meanness is worse than cruelty.


Was Hindu Religion a Missionary religion

Whether the Hindu religion was or was not a missionary religion has been a controversial issue. Some hold the view that it was never a missionary religion. Others hold that it was.
That the Hindu religion was once a missionary religion must be admitted. That today it is not a missionary religion is also a affect which must be accepted.
The real question is why did Hindu religion cease to be a missionary religion? My answer is this. 
Hindu religion ceased to be a missionary religion when the Caste system grew up among the Hindus.
Caste is inconsistent with conversion
//On the other hand it is this caste which has become a prime reason for conventions into other religions. The oppressed classes want to escape from this clutches and baggage of caste//.)

Castes are autonomous and there is no authority anywhere to compel a caste to admit a new-comer to its social life. Hindu society being a collection of castes and each caste being a close corporation there is no place for a convert.

Caste as power of Group over Individuals
A caste is ever ready to take advantage of the helplessness of a man and insist upon complete conformity to its code in letter and in spirit.

The Ideal of Caste-less Society/ //How a society should be, according to Ambedkar//

I will turn to the constructive side of the problem. If you don't want caste, then what is your ideal society? is the question that is bound to be asked.
If you ask me, my ideal would be a society based on Liberty, Equality and Fraternity

There must be Social Endosmosis (//a free flow from lower status to higher status//)

Fraternity is another name for Democracy. Democracy is not merely a form of government. It is primarily a mode of associated living, of conjoint communicated experience. It is essentially an attitude of respect and reverence towards fellowmen.

Liberty is not restricted to free movement, sense of right to life and limb. It should extend to the sense of right to property, tools and materials as being necessary for earning a living to keep the body in due state of health. Also the liberty to choose one's profession. Doing anything but for this is to perpetuate slavery.
The supporters of caste who would allow liberty in the sense of a right to life, limb and property would not readily consent to liberty in this sense, inasmuch as it involves liberty to choose one's profession. But this kind of liberty is to perpetuate slavery.

Equality was the slogan of French Revolution.
A man's power //ability: Merit// is dependent upon 
1) Physical heredity, 
2) Social inheritance or endowment in the form of parental care, education, accumulation of scientific knowledge, everything which enables them to be more efficient, 
3) His own efforts

It is obvious that those individuals also in whose favor there is birth, education, family name, business connections and inherited wealth would be selected in the race. But selection under such circumstances would not be a selection of the able. It would be the selection of the privileged
The society can get most out of the individuals by only making them equal as far as possible at the very start of the race


On Chaturvana

Chaturvarna pre-supposes that you can classify people into 4 definite classes. Is this possible? 
In this respect the ideal of chaturvarna has a close affinity to the Platonic ideal. To Plato, men fell by nature into 3 categories,
1) Labouring and Trading classes
2) Defenders in War and guardians of internal peace
3) Law-givers.
The chief criticism against Plato is that his idea of lumping of individuals into a few classes is a very superficial view of man and his powers. Plato had no perception of the uniqueness of every individual...., of each individual forming a class of his own.
The criticism to which Plato's Republic is subject, is also the criticism which must apply to the system of Chaturvarna.
Chaturvarna must fail for the very reason for which Plato's Republic must fail.

Penal sanction (//Punishment//) for violating the the ideals of Chaturvanra are prescribed in Manu Smriti. The heavy sentences includes, cutting off the tongue or pouring of molten lead (//one loses the hearing ability), in the ears of Shudra who recites or hears the Veda.
There is no code of laws more infamous regarding social rights than the Laws of Manu.

But the defenders of Chaturvarna say, 
Why should the Shudra need trouble to acquire wealth, when the 3 Varnas are there to support him?
Why need the Shudra bother to take to education, when there is the brahmin to whom he can go when the occasion for reading or writing arises?
Why need the Shudra worry to arm himself  because there is the Kshatriya to protect him?

//In the same lines// the Shudra was not allowed to acquire wealth lest he should be independent of the 3 Varnas.
He was prohibited from acquiring knowledge lest he should keep a steady vigil regarding his interests.
He was prohibited from bearing arms lest he should have the means to rebel against their authority.

The question which troubled me is, why have the mass of people tolerated the social evils to which they have been subjected? There have been social revolutions in other countries of the world. Why have there not been social revolutions in India?
My answer is , the lower classes of Hindus have been completely disabled for direct action by the wretched system of Chaturvarna,
1) Shudras couldn't bear arms and without arms they couldn't rebel
2) They could receive no education. They couldn't think out or know the way to their salvation. By this they became reconciled to eternal servitude, which they accepted as their inescapable fate.


How to abolish Caste?

You cannot build anything on the foundations of Caste. You cannot build up a nation. you cannot build up morality. Anything that you will build on the foundations of caste will crack and will never be a whole.

There is a view that in the reform of caste, the first step to take, is to abolish sub castes. This view is based upon the supposition that there is a greater similarity in manners and status between sub-castes than there is between castes. I think this is an erroneous supposition.
Another plan of action for the abolition of caste is to begin with inter-caste dinners. This also, in my opinion, is an inadequate remedy.

I am convinced that the real remedy is inter-marriage. Fusion of blood can alone create the feeling of being kith and kin.
I agree, to an extent, with the Jat-Pat-Todak Mandal's proposal - "the remedy for breaking caste is inter-marriage. Nothing else will serve as the solvent of caste."

//However// Abolition of Caste through the social reform from within is impossible on the following 2 counts,
1) In every country the intellectual class is the most influential class, if not the governing class. The intellectual class is the class which can foresee,  advise and give lead. In no country does the mass of the people live the life of intelligent thought and action. It is largely imitative and follows the intellectual class. The entire destiny of a country depends upon its intellectual class.
And you may think it a pity that the intellectual class in India is simply another name for the Brahmin Caste.
When such intellectual class, which holds the rest of the community in its grip, is opposed to the reform of caste, the chances of success in a movement for the break up of the caste system appear to me very poor.
2) Caste system has two aspects. One, it divides men into separate communities. Second, it places these communities in a graded order one above the other in social status. Each caste takes its pride and its consolation in the fact that in the scale of castes it is above some other caste.
All are slaves of the Caste System. But all the slaves are not equal in status
Higher the grade of caste greater the number of rights and the lower the grade, lesser the number of rights.
Now this gradation, this scaling of castes, makes it impossible to organize a common front against the caste system.

Caste is the natural outcome of certain religious beliefs. To ask people to give up caste is to ask them to go contrary to their fundamental notions 
The real remedy to abolish the Caste is to destroy the belief in the sanctity of the Shastras.
You must take the stand that Budha took. You must take the stand which Guru Nanak took. You must not only discard the Shastras, you must deny the authority, as did Budha and Nanak.

Is a Hindu free to follow his reason?
Manu has laid down 3 sanctions to which every Hindu must conform in the matter of his behavior,
1) Veda
2) Smriti
3) Sadachar
//except following the above// there is no place for reason to play its part

Where a matter is covered by the Veda or the Smriti, a Hindu cannot resort to rational thinking. He must abide by their directions.

Caste and Varna are matters, which are dealt with by the Vedas and the Smritis. So far as caste and Varna are concerned, not only the shastras do not permit the Hindu to use his reason in the decision of the question, but they have taken care to see that no occasion is left to examine in a rational way..

//Thus to break up Caste System//you have to apply the dynamite to the Vedas and the Shastras, which deny any part to reason...and morality. You must destroy the religion of the Shrutis and the Smritis.


//Hindusim// a Religion of Rules must be Destroyed

Some may not understand what I mean by destruction of Religion. Some find the idea revolting and some may find it revolutionary. Let me therefore explain my position.

Rules are practical, they are habitual ways of doing things according to prescription. 
But Principles are intellectual, they are useful methods of judging things.

Religion must be a matter of principles only. It cannot be a matter of rules. the moment it degenerates into rules it ceases to be Religion, as it kills responsibility  which is the essence of a truly religious act. 
What is this Hindu Religion? Is it a set of principles or is it a code of rules?
Now the Hindu Religion as contained in the Vedas and Smritis, is nothing but a mass of sacrificial, social, political and sanitary rules and regulations, all mixed up. 
Hindu Religion is nothing but multitude of commands and prohibitions.
Religion in the sense of spiritual principles, truly universal, applicable to all races, to all times, is not to be found in them.
Dharma means commands and prohibitions. The word Dharma as used in the Vedas in most cases means religious ordinances or rites.

I refuse to call this code of ordinances. as religion. 
1) The first evil of such a code of ordinances is, it tends to deprive moral life of freedom.. and servile conformity to externally imposed rules
2) Under it, there is no loyalty to ideals, there is only conformity to commands
3) Laws, this code of ordinances contains are iniquitous - they are not the same for one class as for another. But this inequity is made perpetual in that they are prescribed to be the same for all generations.

I have, therefore, no hesitation in saying that such a religion must be destroyed and i say, there is nothing irreligious in working for the destruction of such a religion.


//If not the destruction, is there any scope// for Reform of the Hindu Religion

While I condemn a Religion of Rules, I must not be understood to hold the opinion that there is no necessity for a religion. on the contrary, I agree with Burkee when he says that, "True religion is the foundation of society..."
The following in my opinion should be //adopted// to reform the Hindu religion
1) There should be one and only one standard book of Hindu Religion, acceptable to all....This of course means that all other books such as Vedas, Shastras and Puranas must be cease to be sacred and authoritative.
2) It would be better if priesthood among Hindus  was abolished. At least it must cease to be hereditary
3) A priest should be the servant of the state
4) You must discard the authority of the Shastras and destroy the religion of the Shastras
5) A new doctrine must be given to the Hindu Religion - a doctrine that will be in consonance with Liberty, Equality, and Fraternity, in short, with Democracy

Saturday 16 October 2021

దళితులకు లేని బతుకమ్మ - తెలియని కొన్ని నిజాలు

 దళితులకు లేని బతుకమ్మ - తెలియని కొన్ని నిజాలు

మొన్న గుజరాత్ లో ఇద్దరి దళిత మహిళల్ని బతుకమ్మ ఆడనివ్వని అగ్ర వర్ణాల వారు. ఈ విషయం కాస్త సోషల్‌ మీడియా లో వైరల్‌ అయి తెలిసింది కాని, దీంట్లో ఆశ్చర్యపడాల్సిందేమి లేదు. ఎందుకంటే చారిత్రకంగా దళితులకు బతుకమ్మ ఆడడానికి లేదు.
ఈ విషయమై నా తల్లితండ్రులు, అమ్మమ్మ, నాయనమ్మ, తాత నాతో చెప్పిన విషయాలను మీతో పంచుకుంట
మా అమ్మకు ఊహ తెలిసినప్పటినుండి వారు నివసించే హరిజన వాడ లో బతుకమ్మ ఆడేవారు కాదంట. బతుకమ్మ ఆడకపోవడం కాదు, ఆడటం నిషేధం అన్నది గమనార్హం.
ఇదే మాట, మా అమ్మ వారి అమ్మమ్మ, నాయనమ్మలను అడిగితె, మాదిగోల్లయిన మనకు బతుకమ్మ లేదని, ‘తిండికి లేక చిట్టెడు తౌడు కు పటేన్లకు అమ్ముకున్నమంట’ అని సమాధానం చెప్పేవారంట.
కానీ మా అమ్మకు బతుకమ్మ ఆడాలని కనీసం చూడాలని ఆశతో అగ్రవర్ణాలు బతుకమ్మ ఆడే ప్రదేశానికి వెళ్లి చూసేవారంట. ఎక్కువకులం వారు బతుకమ్మ ఆడి నీళ్లలో వేసి వెళ్లిపోయిన తర్వాత ఆ నీళ్లల్లో మా అమ్మ వారి స్నేహితురాళ్లతో కలిసి చెరువులో దూకి ఆ బతుకమ్మలని బొడ్డుకి, ఆ తరువాత ఇంటికి తెచ్చుకొని ఆడే వారంట. మరుసటి రోజు ఆ పూలనే తోరణాలుగా చేసి ఇంటికి కట్టుకునే వారంట
ఇక హరిజన వాడలో మగవారు ఆ అగ్రకులాల బతుకమ్మ దగ్గరికి డప్పు కొట్టడానికి వెళ్లేవారంట. అయితే డప్పు కొట్టడానికి వెళ్లడం అనేది వారి ఇష్టంతో కాదు, అది అనాదిగా వస్తున్న దురాచారం. వీళ్ళు వెళ్లాల్సిందే డప్పు కొట్టాల్సిందే వారు ఇచ్చే పిండి వంటకాలు tip లాగా ఇస్తే తెచ్చుకోవాలి. ఒక్కోసారి అది కూడా ఉండదు ఎందుకంటే ప్రతి సంవత్సరం అగ్రకులాలు పండించే పంట నుండి దళితులకు దయతలిచి తిండి గింజెలు ఇస్తుండె. వెట్టిచాకిరీ అంటే ఇదే.
మాదిగోళ్ళు డబ్బు కొట్టాలి, ఎర్రమన్ను, పెండ, పటేన్లకు తెచ్చి ఇయ్యాలె
అట్లనే మన్నె మస్కురోల్లు బతుకమ్మ కి కావాల్సిన పువ్వులు తెచ్చి ఇయ్యాలె.
పటేన్లు మాత్రం కడుపుల సల్ల కదలకుండ బతుకమ్మ ఆడుతుంది
అయితే హరిజనవాడ కు బతుకమ్మ లేకపోవడం అంబేద్కర్ నగర్ (మేము ఈ మధ్య పెట్టుకున్న పేరు) అయిన తర్వాత వరకు కొనసాగింది. అంతెందుకు మా పెళ్లిళ్లు అయిన తరువాత కూడా, అంటే 10-12 సంవత్సరాల ముందు వరకు మా ఇంట్లో బతుకమ్మ ఆడి ఆ బతుకమ్మ ని కలపడానికి మా అమ్మ వెళితే అగ్రకులాల వారు ‘మీకు (దళితులకు) బతుకమ్మ ఎక్కడిది’ అని అడుగుతారని, మా అమ్మ మా వదినమ్మ కి బతుకమ్మ ఇచ్చి పంపింది. అయితే ఎవరైనా అడిగితే మా అమ్మ వారికి ఏం సమాధానం చెప్తుండె నో తెలియదు కానీ అడుగుతారేమో అని వెళ్లకపోవడం అనేది ఆ వెలివేత మా అమ్మ మనసులో ఎంతో బలంగా నాటుకు పోయిందో అర్థం చేసుకోవచ్చు
అన్ని పూజలు, వ్రతాలు, సామూహిక సంబరాలు దళితులకు దూరంగా పెట్టినట్టే ఈ బతుకమ్మ నుండి కూడా దళితులను వెలి వేశినారు.

Saturday 7 August 2021

Preventive Detention Act

Supreme Court has strongly come down on the Preventive Detention Act in particular to Telangana, saying “the PD ACT in Telangana is a draconian Law”

“It’s surprising that no one has challenged the validity of this law”


What is PD Act?

Under this law, once an accused gets booked, the Superintendent of Police/Commissioner can send the person directly to the jail without the need to produce them before the Judicial Magistrate for a period of 3 months. Further, the detenu can only appeal for their release at the Advisory Board. The proceedings at the advisory board are opaque — as the recordings are kept confidential. No lawyers can be part of this hearing.

What is wrong with PD Act - its implementation or the law by itself?

  1. The PD Act bypasses the criminal procedure and the Judiciary
  2. Police are using the law as a parallel prosecution mechanism, only to bypass the procedural judicatory mechanism 
  3. Preventive detention laws are designed to be highly administratively (by the Executive) steered and restrict the scope of judicial interference.
  4. PD Act as it reads is bound to be misused by the state (Govt/Police). 
  5. Once a person is booked under PD Act the resolution mechanism is not only tough but also against the principle of natural justice. Most appeals for the bail/release get rejected, as the Advisory Board member, who is a judge, works as an executive member of the state, The State appoints the board members, and inevitably, they end up working as an executive member of the State.

For that matter, any law providing for the detention without a trial is bound to be misused by the state, Viz.

  • Preventive Detention Act, 1950
  • Maintenance of Internal Security, Act 1971 (MISA)
  • National Security Act, 1980
  • UAPA


Why is it extensively used by the State (Govt/Police)

The extensive use or misuse can be either to create the optics of a strong State, for silencing dissent against the State, or sometimes even for personal revenge by those yielding political power.

In the name of bringing down the crime rate, the police have been applying this strong law on small but serial crime offenders viz. burglaries, cheating, etc



Why is the Supreme Court serious about PD Act implementation? 


Supreme Court has on multiple cases came down heavily on the implementation of this law. For better understanding, let's see few observations of SC,


  1. Police (state) cannot invoke the Preventive Detention laws to arrest citizens on the pretext of possible breach of law and order, Otherwise, it would only be a violation of the liberty of citizens guaranteed under Article 21 (right to life) under the constitution. Possible apprehension of breach of law and order cannot be a ground to detain a person under Preventive Detention Laws.
  2. ’Law and order’, ‘Public Order’ and ‘Security Of State’ mean different things. Cheating or criminal breach of trust may affect ‘law and order’, it cannot be said that it has affected ‘public order’.

When can the PD Act be applied, Supreme Court’s observation?

“A Preventive Detention Order can only be passed if a person’s activities adversely affect or are likely to adversely affect the maintenance of public order.

“Preventive Detention is a necessary evil only to prevent public disorder”


Supreme Court has in 2019 condemned the detention of a person in Telangana under PD Act on ‘irrelevant grounds’. Here in this case the person named Abdul Basheer was detained on the pretext of his acts carried on 15-20 years earlier. SC said detaining a person on this kind of “stale incident” will be akin to punishing him for a crime without trial.


As observed by the Supreme Court, PD Acts allowing detentions for a year without trial or bail should be applied only in the "rarest of rare cases" as it rapped the Telangana government for keeping a man in jail for nearly a year merely on the suspicion that he "habitually" stole saris.

PD Acts in Telangana is being slapped on political rivals, a case on Cheruku Sudhakar being a known example, people involved in stealing motor vehicles, cheating, etc. Law has its own provisions to deal with these crimes. Invoking PD Act would only subvert those laws on one side and infringe the personal liberty of the person on the other as he/she is already punished languishing in jail without any trail


It is important to note the Supreme Court’s observation in Sudhir Kumar Saha v. Commr. of Police, Calcutta, (1970) that, “the power to detain is an exceptional power to be used on under exceptional circumstances…; it is wrong to consider it as a substitute to the ordinary process of law”



Is the law Constitutional?

Experts who are studying the PD Act say that though Article 22 of the Indian Constitution legally allows for preventive detention, it works against the very spirit of the Constitution


Though the 1 & 2 Clauses provide for the protection of the arrested person, Clause 3 exempts this protection in the name of Preventive Detention. The states have been taking advantage of this very 3rd clause to scuttle the voice of dissent or for the reasons mentioned above.


What is the solution?


The solution shall be to scrap this draconian law by way of amending Article 22, Clause 3, of the Indian Constitution. It is to be scrapped for the reason that no other Democratic Constitutional nation has the kind of PD Act India has.
If not scrapping, there can be the 2nd solution, which shall be as follows,


A person detained under the laws of Preventive Detention should be given the right to consult and be represented by a lawyer of his choice at ‘any stage’ to ensure that the defense of the detainee is effectively put before the Advisory Board to aid it in making an informed decision.

The Advisory Board, which verifies the validity of the PD Act case by the case should be of a Judicial Nature with only the sitting Judges of High Court eligible to be its members, unlike the present form of administrative nature wherein a person is appointed by the Executive (Govt) as a judge. 

The actual detention should be applicable only after the approval of such Advisory Board so that the detainee is not forced to stay in jail (detained) for a long time with just an executive (Govt/Police) order. And the maximum time for the Advisory Board to decide the validity should be not more than 14 days as against the present 3 months of time. Because when a court can decide within 14 days whether the normal detention should be extended beyond the judicial remand (14 days), why not the Advisory Board.