Vol. 17, Part I · pages 41–45

18 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Defendant threatens, or intends, to remove or dispose of his property with a view to defraud his creditors, the Court may by order grant a temporary injunction. Clause (b) has obviously, no application to the present case. The present case appears to come within clause (a). Here is a Tank which has, for years since, been in the exclusive enjoyment of the touchable classes. The manifesto issued over the signatures of the Defendant1 and other also shows that the Untouchable classes were upto now under the impression that they had no right of access to the tank. It thus appears that the tank has been until now in the exclusive enjoyment of the touchable classes. The question now is, whether the ends of justice would be better met by disturbing this old state of things or by allowing it to continue until the rights of the parties have been finally decided. The principles governing temporary injunctions have been summarised under part 2 of Mulla’s Commentary on the Civil Procedure Code, 8th edition page 892. One of these is that the Court must see that there is a bonafide contention between the parties. About this there appears to me to be very little doubt. The second principle is, “on which side, in the event of success, will lie the balance of inconvenience if the injunction does not issue.” To me it appears that the balance of inconvenience will lie, and lie very heavily, on the side of the Plaintiffs if an injunction is not issued. The point is so clear that I do not think I need labour it at all. If the Defendants are allowed to enter the tank and thus (according to the religious notions of the Plaintiffs) contaminate the water and render it until for further use, a large section of the population will be put to hardship and inconvenience which will be so severe that only those living in places where there are no copious supply of water, can realise it. On the other hand, the Defendants will not be put to any inconvenience what so ever, if they are asked to forbear from exercising what they consider to be their right, until the first decision to the suit. This course appears to me not only just and equitable, but the only right course under the circumstances in order to maintain the status quo, which, it is imperative to do. Vide the remark appearing at I. L. R. 46, Calcutta, page 1030, it is also contended

19MAHAD SATYAGRAHA by the applicants (Plaintiffs) that if a temporary injunction as asked for is not granted and the water of the tank is allowed to be contaminated, irrepairable injury would result to the Plaintiffs. Taking into consideration, how sensitive the touchables classes generally are on this point, both on account of their religious susceptibilities, as well as the wide gulf which has existed between the two communnities from time immemorial, I am inclined to attach very great weight to this condition. I have no doubt that the spread of education will, in course of time, materially alter these conditions and bring the two communities in a clear and friendly contact with each other and that Untouchability will be a thing of the past. But as things at present stand, I am bound to attach great weight to the sentiment of the applicants who feel that, the injury that will sustain if the water is allowed to be contaminated, will be that it would not admit of being adequately compensated by damages. Taking all these circumstances into consideration, I think I would be failing in duty if I were not to refuse the injunction prayed for. It is a very painful duty that I am called upon to perform, but the call of duty leaves no room for choice. I therefore order that a temporary injunction as asked for, with notice be issued. 14-12-27. (Sd.)—G. V. Vaidya ” 1 On the side of Depressed Classes “Elaborate preparations for holding the Conference were made. As no Hindu landlord allowed the use of his land for the pandal, a site for the Conference was secured with great difficulty from a Muslim. As the local merchants refused to have any dealings with the men connected with the Conference, the Reception Committee had to purchase corn and other materials from out-side, sufficient to last for ten days. Anantrao Chitre managed the work very efficiently. Subhedar Ghatge was entrusted with the food arrangement and maintenance of order and discipline. All the Chief Government Executives of the District gathered at Mahad on December 19. Police were posted on all sides of the Chawdar Tank. Delegates and spectators began to pour in 1 : Khairmode, Vol. 3, Pp. 234—237.

20 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mahad from December 21. The District Magistrate visited their camp every day to dissuade the delegates from the proposed Satyagraha. With a batch of two hundred delegates and leaders, Dr. Ambedkar left Bombay on the morning of December 24. The next day they got down at noon at Dasgaon, five miles off Mahad. There, with anxious faces, an army of 3,000 satyagrahis awaited their leader. When they saw their leader, they greeted him with tumultuous applause. After the reception, the Police Superintendent handed over a letter from the District Magistrate to Dr. Ambedkar, requesting him to see the District Magistrate at his Mahad office without loss of time. Dr. Ambedkar, with one of his lieutenants, Sahasrabudhe, hurried to his office. The District Magistrate in a swift and soft tone advised, argued and pressed for the postponement of the struggle ; but the leader did not see eye to eye with the Chief Executive of the District. It was however, agreed that he should be given an opportunity to address the Conference. In the meanwhile, the procession of the delegates had left Dasgaon and accompanied by police officers, it reached Mahad at half past two in the afternoon, singing songs which were punctuated by sky-rending slogans. The vast crowd entered the pandal amidst shouts of ‘Shivaji Maharaj ki Jai’. In the pandal proverbs hanging from pillars displayed inspiring immortal truths. In front of the gate there was a pit. After his interview with the District Magistrate, Dr. Ambedkar hastened to the pandal and had his lunch in the company of his common followers. He refused to have any special food. The Conference commenced its proceedings at four-thirty in the evening. Messages from several prominent persons wishing the satyagraha success were read out. Then the leader rose to address the Conference amidst deafening cheers, shouts and slogans raised by a mammoth gathering of fifteen thousand people. A majority of them had no clothes to their backs. Their old turbans were torn, their chins were unshaven; but their sunburnt faces shone with a peculiar enthusiasm and hope. The vast audience calmed down, and Dr. Ambedkar began his speech in a low, dignified but forceful voice.” 1 1 : Keer, Pp. 98-99.

21MAHAD SATYAGRAHA “Dr. Ambedkar’s Plea for Abolition of Social Disabilities Following is a summary of the Presidential address of Dr. B. R. Ambedkar, M.A., Ph.D., D.Sc., Bar-at-Law, M.L.C.. delivered at the Satyagraha Conference at Mahad (District Kolaba) held on the 25th December 1927. Welcoming the Satyagrahis on behalf of the Satyagraha Committee, of which he is the president, Dr. Ambedkar reminded them of the unfortunate ending of the Conference held at the same place in March last when a number of their fellow delegates had been ill-treated and assaulted by the so-called Caste-Hindus for committing the offence of drawing the water from a Public Tank named “Chawdar”. Nobody prevented the members of the Depressed Classes from using the water of the tank, but some ringleaders took it into their heads to punish the delegates of the Conference after the event and incited the mob to commit assaults on them. Some of the offenders were prosecuted, convicted and sentenced to four months’ imprisonment. Continuing Dr. Ambedkar said : “Had the caste-Hindus admitted the right of the Depressed Classes to use the tank, this Satyagraha would not have been necessary. Unfortunately, however, the Caste-Hindus at this place are obstinate in their attitude and refuse to admit the right of the Depressed Classes to use the Public Tank which is open to persons of all castes including Mahomedans and other non-Hindus. The irony of the situation is that although the cattle owned by the so-called Untouchables are allowed to go, their owners, who are as good human beings as the other people, are prohibited from going to the tank. The Hindus are known for their humanitarian sentiments and their regard for animal life is proverbial. Some section do not kill even poisonous reptiles. The Hindus maintain a large army of Sadhus and able-bodied beggars, and believe that they acquire merit by feeding and clothing them and giving them cash for indulging in luxuries. The Hindu philosophy teaches the doctrine of an all-pervading soul, and the Geeta exhorts them to make no distinction between a Brahmin and a Chandal.

22 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The question therefore arises why the Hindus having such traditions of charity and humanity and possessing such grand philosophy should behave so heartlessly towards their fellow human beings and in such unreasonable ways. In the reply to this question lies the real significance of this Conference. The Hindu Community is set in the steel-frame of the caste system, in which one caste is lower than another in social gradation involving particular privileges, rights, inhibitions and disabilities with regard to each caste. This system has created vested interests which depend upon maintaining the inequalities resulting from the system. The so-called Caste-Hindus are bitterly opposed to the Panchamas (person belonging to the fifth class, the Depressed Class) using a public tank not because they really believe that the water will be thereby spoiled or will evaporate if Mahars and others use the tank, but because they are afraid of losing their superiority of caste and of equality being established between the former and the latter. We are resorting to this Satyagraha not because we believe that the water of this particular tank has any exceptional qualities, but to establish our natural rights as citizens and human beings. Struggle for Equality This Conference is held to unfurl the banner of Equality and thus may be likened to the National Assembly in France convened in 1789. Our Conference aims at the same achievement in social, religious, civic and economic matters. We are avowedly out to smash the steel-frame of the castesystem. Low Aim Is A Crime Some men may say that this should be satisfied with the abolition of Untouchability only, leaving the caste-system alone. The aim of abolishing Untouchability alone without trying to abolish the inequalities inherent in the caste-system is a very low aim. Let us remember “not failure but low aim is a crime”. Let us probe the evil to its very roots and be not satisfied with mere palliatives to assuage our pain. If the disease is not rightly diagnosed the remedy will be useless and the cure may be postponed.