Principle of Fraternity and our constitution | Dr. B. R. Ambedkar

Posted by Punit shukla on April 11th, 2019

To realize the constitutional goal of the fraternity, assurance of human dignity and Unity and integrity of the country are important. It is very intriguing and interesting that our constitution, before assuring unity and integrity of the country, assures human dignity; or it is trying to say that when human dignity is assured then only unity and integrity of the country can be secured.

Honorable Supreme Court is the ultimate protector and interpreter of our constitution. Honorable Supreme court did invoke the principle of fraternity in its judgments, but if we compare with its invocation of liberty and equality we find that it has discussed fraternity far fewer times. We will try to analyze the honorable Supreme Court’s interpretation of fraternity with reference to Dr. Ambedkar principle of fraternity.

The Principle of the fraternity was first discussed extensively in the case of Indira Swahny VS Union of India. This judgment was related to the implementation of the recommendations of the Mandal Commission report. Honorable Supreme court justified the reservation for backward classes by linking it with the principle of fraternity and asserted that the reservation was a mere means to achieve an egalitarian society.

The honorable court also said that where you find continuous inequality and inequality of opportunity, their unity of India is a distant dream. Generally, substantive equality is the term used to defend the idea of reservation. In this case, the honorable court used the idea of a fraternity to achieve the constitutional goal of social and economic equality.

In this case, on one hand, honorable court defends the reservation by invoking the principle of fraternity; on other hands, it also warns that the use of reservation in an uncontrolled way would affect the fraternity of the society.

Secularism is an integral part of the basic structure of the constitution

In the case of S.R. Bommai Vs Union of India, honorable Supreme court said that secularism is an integral part of the basic structure of the constitution; and the principle of fraternity is the first step towards strengthening Secularism. The court also established that the outcome of religious tolerance would have a double impact on the fraternity. First, the peaceful interactions at community levels would lead to the unity of the nation; and secondly, it would ensure the dignity of each citizen.

In 2011, The Judgement given by the honorable supreme court in the case of Nandini Sunder Vs State of Chhattisgarh is very important in many respects, especially with reference to the principle of fraternity. In this judgement, for the first time, the principle of the fraternity was linked to fundamental rights, Directive principles of state policy and the economic policy of the government.

The most important thing the court said is that the economic policy of the government should be such that it is equitable, and promotes inclusive economic growth. The economic policy of the govt. should not increase dissatisfaction and disaffection; and weaken the fabric of fraternity. We can infer from the honorable court’s judgements that liberty, equality and fraternity are interrelated.

It was for the first time that honourable supreme court linked principle of the fraternity to fundamentals rights which essentially our liberty rights which in turn related to our right to live life with dignit. And it also linked the principle of fraternitywith the directive principle of state policy
which is our equality rights.

Dr. Ambedkar Last Speech

This judgment is an echo of Dr. Ambedkar last speech in the constituent assembly given on 25th Nov 1949.

In the words of Dr. Ambedkar, Without fraternity, liberty would destroy equality; and equality would destroy liberty. If in a democracy, liberty does not destroy equality; and equality does not destroy liberty, it is because, on the basis of the both, there is a fraternity. The fraternity is, therefore, the root of democracy.

Union of Trinity

These principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a union of the trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be
divorced from equality; equality cannot be divorced from liberty. Nor can
liberty and equality be divorced from the fraternity. Without equality, liberty
would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not
become a natural course of things. It would require a constable to enforce them.

This speech also found an echo, 34 years later, in declaration on International human rights; when it says all the three-gene Viennaration rights which are associated with principles of Liberty, Equality and Fraternity are indivisible, interdependent, interrelated. Let me explain to you what the three Generations of rights are. It is important and not the diversion of the subject.

Three Generations of Rights

The first generation of rights is Civil and Political rights which are nothing but
liberty rights of an individual. They are mainly associated with the principle of Liberty. First generation of International rights correspond to Fundamental
rights enshrined in our constitution are nothing but First generation rights under International Human rights.

The second generation of rights are Social, Economic and cultural rights. Which include rights like the right to education, right to health, right to food, housing, medical care, rights to just and favourable condition at work etc. They are related to the principle of equality rights. They are mainly social security rights and correspond to the Directive Principles of State policy in our Constitution rights.

In the international human rights law, the third generation rights, also known as collective rights, are associated with the principle of fraternity. These rights are very important for the protection of indigenous people and minority groups. The rights which fall under this category are right to peace, right to development, right to clean environment, right to self -determination.

Third generation rights which are associated with the principle of the fraternity are the most debated and controversial rights. To realize third generation rights it important to develop the sentiment of fraternity in the society. The question often raised is when individual rights are there what is the need for collective rights. Collective rights received recognition separately because the individual rights do not protect certain rights and identities in a group like the identity of Adivasis with their own culture, language, territory and uniqueness of their lifestyle.

In a democracy, the majority group holds the political power and tries to define its own culture as a national culture. The minority group feels a threat to their culture. But when collective rights are recognized minority groups can assert and preserve their cultural, teretorial and linguistic and religious identity.

Third generation rights are most
controversial and most debatable rights.

Collective rights are not against individual rights.  It comes with the understanding that in this fragile planet our lives are not independent but interdependent. Individual good is deeply associated with the community or the common good. Any condition which is essential to a society becomes an inseparable part of the
of an individual. It requires concerted efforts of all people, all social institutions and of all social forces in the society.

Vienna Declaration says that all the three generations rights which are related to the principles of liberty equality and fraternity are indivisible, inter-elated and interdependent. All over the world in democratic countries, the main discourse of human rights revolves around liberty and equality while fraternity is missing, which is essential to the true realization of the goals of liberty and equality.

It is clear from the recent SARI survey, which I have discussed in my last video on Fraternity in Dr. Ambedkar thoughts., It is difficult to establish equality and liberty in real sense in the society if there is no fraternity or no respect for human personality which leads to violations of fundamental rights and equality rights of Dalits and the downtrodden.

One of the aims of the constitution is to promote fraternity among all but after the adoption of the constitution till date, we do not see any special efforts made or policy adopted by successive govts to develop a sentiment of fraternity in the society. We seldom find this constitutional goal in the general discourse, common Indian discuss unity and integrity of the, country, they relate it with geographical borders, threats from terrorism, regionalism, Naxalism or communalism while our constitution relates it with human dignity and
fraternity.

If there is a Fraternity Index to measure fraternity
sentiment in the society in our country, India would rank very low like on other
Human Development Indices. Before we erect the statue of unity, it is necessary to build the statue of the fraternity.

Before we erect the statue of unity, it is necessary to build the statue of the fraternity. In our next video, we will discuss the principle of Equality with reference to Dr. Ambedkar’s thoughts. most important for him.

Objective Resolution

On 13th December 1946, Pt. Jawaharlal Nehru introduced ‘Objective Resolution’ before the constituent assembly. This objective resolution defined the aims and aspirations of the assembly and some fundamental principles of the future constitution. This objective resolution was later converted into the preamble of the constitution. The word’ Fraternity’ was missing from the objective resolution.

On 21st February 1948, Dr. Ambedkar while submitting the draft of the constitution before the president of constituent assembly, Dr. Rajendra Prasad wrote that the committee had added a clause about Fraternity in the preamble even though it was not part of the objective resolution because constituent assembly felt that, the need for fraternal concord and goodwill in India was never greater than now and that this particular aim of the new constitution should be emphasized by special mention in the preamble.

A preamble is the part of the basic structure of the constitution and honourable supreme court relies on it from time to time for the interpretation of the constitution. It is the essence of the constitutional ideals and feature within the parameters of which the constitution is supposed to function. Dr. Ambedkar 7entire philosophy revolves around the world fraternity, it is obvious that he is particular in inserting this term in the preamble.

Dr. Ambedkar, in ‘Annihilation of caste’ described the word and I quote fraternity as an ‘attitude of respect and reverence towards fellowmen. unquote, Dr. Ambedkar further adds that it is because of this principle of fraternity that man does not consider his fellow beings in society as his rivals for seeking means of happiness to whom he must defeat to become successful. During debates in constituent assembly explaining the concept of fraternity, Dr. Ambedkar said that and I quote Fraternity means a sense of common brotherhood of Indians being one people. It is a principle which gives solidarity to social life.

He used the term ‘Social endosmosis’. What does he mean by Social endosmosis Social endosmosis is the free flow and exchange of ideas, values, knowledge among individuals and social groups. This free interaction of individuals and different social groups happens while persuing their interests, whether it economic, social, political, cultural or educational.

THIS FREE INTERACTION DOES NOT happen between one individual with other  but also between different social groups.

Social Endosmosis

According to Dr. Ambedkar, Social endosmosis is another name of the fraternity, Which is another name of democracy. For Dr. Ambedkar Caste system in India is the biggest denial for ‘Social endosmosis’. It prevents the free flow of social interaction. It stratifies people in tight compartments of caste where the free flow of human energies, human interaction, give and take cannot occur. Caste system stratifies people in rigid compartments. The alienation and exclusion caused by stratification is the greatest obstacles in the process of Social endosmosis.

In the life of a man, many incidences happen like birth, death, marriage, illness, festivals. Those who take part in these happenings a feeling a feeling of closeness and solidarity is born.
Dr. Ambedkar gave the highest place to the fraternity as the only real safeguard against the denial of liberty and equality. Although he is an architect of the constitution, advocated constitutional ways to fight for their rights, In spite of that he writes and I quote the prevalent view is that once the rights are enacted in law they are safeguarded. As experience proves rights are protected not by law but ‘social and moral conscious ‘of the society.

If the fundamental rights are opposed by the community no law, no parliament, no judiciary can guarantee them in the real sense.  The social and moral conscience of society is nothing but an attitude of respect and reverence towards fellowmen. Unquote. According to Dr. Ambedkar, the condition for the growth of this sentiment of fraternity lies in sharing the vital processes of life. It is sharing in the joys and sorrow of birth, death, marriage, and food. Those who participate in these come to feel like brothers.

Caste feeling made social endosmosis difficult, people are not ready for endosmosis which is necessary for growth of fraternity.
Dr. Ambedkar maintained that the Law has a place only as a safeguard against the breaches of liberty and equality,
Dr. Ambedkar did not believe that law can be  guaranteed for breaches of liberty and equality According to him, fraternity as the only real safeguard against the denial of liberty and equality. If we see the results of the recent survey it helps us to understand what he is trying to convey.

A recent survey published on12 Jan 2018 in Indian Express.

This recent survey which was conducted in partnership between the University of Pennsylvania and Research Institute of Compassionate Economics of India and Jawaharlal University. This was the first telephonic survey of its kind which tried to find out the social attitude of people of Delhi, Uttar Pradesh and Rajasthan towards Dalits, Muslim, and women. This survey revealed that 64% of people living in Rural Uttar Pradesh and 66% people of rural Rajasthan said that someone in their home or in their neighborhood observes untouchability. 48% urban people in Uttar Pradesh and 50% people in urban Rajasthan observe untouchability.

Most surprising is that in the capital city of Delhi 39% people said in their homes and around there are people who observe untouchability.  Article 17 0f the constitution abolishes untouchability and makes it a punishable offense. Still, 67 years after the enactment of the constitution such a huge population in India is still observing untouchability.

Apart from indicating a mass violation of the fundamentals rights of Dalits in India it also indicates that people are not ready for social mobility, social endosmosis in India. So, Dr. Ambedkar correctly pointed out that rights are not protected by law but by ‘Social and moral conscience’ of the society. We can say that the social and moral conscience of society could not have developed enough because of caste prejudice. castes create a culture of discrimination and division. It excludes lower caste people from coming into the mainstream. Greatest obstacles in spreading the sentiment of fraternity in India.

Surveys

In the same survey 75%, Hindu said that they will oppose the marriage with Muslim in their family or in a close relative family. 70% Muslim said that they will oppose the marriage with Hindu in their family.  40% people in Delhi and 60 %, people in Uttar Pradesh said that they want a law to make marriages between upper caste and lower caste made illegal. More women want such type of law to be enacted to make such marriages illegal.

Lower caste people also want such type of law which bans marriages between upper caste and lower caste. Indian Special Marriage act 1954 made inter-caste and inter-religious marriages legal. It was a step to weaken the caste system because caste is sustained by endogamy and strengthen caste.  In USA inter-racial marriage act was enacted in 1967. But few are there in America who oppose marriages between blacks and white. Dr. Ambedkar identifies fraternity with the Buddhist principle called Maitree.

In Riddles in Hinduism, he writes what sustain equality and liberty is fellow feeling. what French revolution called fellow feeling is a fraternity, the word fraternity is not an adequate expression. The proper term is what the Buddha called Maitree.In Buddha and his Dhamma, he writes and I quote compassion (Karuna) is a love for all human beings but Maitri is love for all living beings. In Buddha and karl Marxs, He says One owes it even to one’s enemy.

The international law of human rights also recognizes principle of fraternity Universal Declaration of Human Rights, UDHR is a very significant step in the history of human rights, proclaimed by United nation General assembly on 10th December 1948 as a common standard of achievement for all people and all nation.

The Very First Article of UDHR

Art1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act toward one another in the spirit of brotherhood.  Babasaheb submitted a final draft of the constitution on 21 Feb 1948, 9 months before the adoption of UDHR, he had introduced and inserted this term in our constitution which is governing the life of every Indian. Now we know that without Dr. Ambedkar’s intervention word Fraternity would not have found the place in Preamble of the constitution of India.

Jai Bhim