Vol. 17, Part I · pages 66–70

41MAHAD SATYAGRAHA Mahad Satyagraha changed the social attitudes of some Caste Hindus. Following is one of the examples— “Do away with Castes All Caste Dinner in Bombay An all caste dinner was held under the auspices of the Samaj-Samata-Sangh (Social-Equality-League) on the 5th instant in the Damodar Thakersey Hall, Parel. About 150 persons of different castes including 50 so-called Untouchables attended the dinner. Mr. D. V. Naik, Editor of the Brahman-Brahmanetar, and vice-president of the League, welcomed the guests saying that such dinners were organised by the League to be away with caste barriers that separated and disintegrated the Indian nation in general and Hindu society in particular. It was only through free intercourse and inter dining, he added, that the evils of the caste system would be destroyed, and that a new society based on equal status would be developed. They had all gathered there, he proceeded, not on account of inevitable necessity ( ApadDharma), but with a definite purpose and full knowledge and determination to break the intolerable shackles of the rigid system which disapproved and prohibited such sanctions of love and brotherhood. The League under the able guidance of its learned President Dr. Ambedkar, he assured, the guests, would always welcome and help those who would, with unique courage in both hands, come forward to free themselves and the nation from the present inhuman caste-ridden society. Mr. A. B. Kolhatkar, the Editor of the Sandesh eulogised the work of the League, pointing out the significance of such functions. He said the Hindu society was like a clock of sand where the Brahmins till then had the upper hand but now the time had come when they should ungrudgingly make room for the other castes and especially for the so-called Untouchables. He further believed that if the present abuses of all sortspolitical, social and religious were to be eradicated, that could only be done through the instrumentality of a new Shivaji, to be born among the so-called Untouchables.

42 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. V. B. Karnik, the Secretary of the Bombay Maharashtra Youth Mandal drew attention to a resolution passed by it, aiming at the abolition of the inquitous system of castes and the differences made on grounds of religion and sect by organising inter-caste dinners and encouraging inter-caste marriages and promised that the Mandal would always give its whole-hearted support to the League, which was already in the field in such national work. Mr. M. R. Menon, said that he had come there to wish Godspeed to Dr. Ambedkar in the righteous work he had undertaken of procuring for the the so-called Untouchables the most elementary human right of drinking water from a public tank at Mahad.” 1 “In spite of Government Resolution, Untouchables were not allowed to draw water in 1932, the Bombay Government instituted a Committee consisting of Symington, I. C. S., and Zakeria Maniyar, to inquire into the condition of the Depressed Classes in the Nasik District. One of the chapters of the report revealed that in that District there were as many as eleven hundred District Local Board wells from which the Untouchables were not allowed to draw water in spite of the Government Resolution of 1923.” 2 In the mean time a legal struggle in between Caste Hindus and Depressed Classes was going on in various Courts. Following is the abstract of these incidents. “Appeal Heard in Thana District Court Thana, March 20. Mr. B. N. Sanjana, District Judge, Thana, heard to-day an appeal filed by Pandurang Waman dharap and others of Mahad against the judgement of Mr. Vaidya, Subordinate Judge, Mahad, dissolving an interim injunction granted by him previously against the Mahad Untouchables for bidding them from using the Chawdar Tank. 1 : The Indian National Herald, dated 15th March 1928. 2 : Keer, P. 197.

43MAHAD SATYAGRAHA The District Judge passed orders granting a interim injunction restraining the respondents, from using the declaratory suit filed by the touchables in the Mahad Civil Court.” 1 “Kolaba, March 3.—The Bombay Chronicle of March 2, published the following :—“A meeting was held on Sunday, February 26, in Bombay, attended by about 2,000 people. It was resolved to re-launch the Satyagraha at Mahad. The Satyagraha Committee is meeting shortly and the exact date will be announced shortly.” 2 “Satyagraha at Mahad : Re-starting of…… Vide para 309. Kolaba, March 17.—There has been several reports lately that the Mahad Satyagraha is to be re-launched on March 22; but this has been personally denied by Dr. Ambedkar who has promised to give a fortnight notice before re-launching it.” 3 “488. Vide para 52, Kolaba, March 24.—In the appeal against the order of the Sub-Judge, Mahad, regarding the Chawdar Tank, the District Court, Thana, has passed an order prohibiting an Untouchables from entering the Tank, pending the final decision of the suit regarding the Tank.” 4 The Sub-Judge of Mahad Hon. V. R. Saraf gave judgement in favour of the respondents Dr. B. R. Ambedkar and others on 8th June 1931, since the appellants caste Hindus could not prove their ownership of the tank. Thus Chawdar Tank was declared as public and open to the Untouchables also. The Caste Hindu Appellants preferred an appeal against the Judgement in the District Court of Thana. The Second Assistant Judge Hon. S. M. Kokani decided the case in favour of the Respondents Dr. B. R. Ambedkar and others on 30th January 1933. 1 : The Indian National Herald, dated 22nd March 1928. 2 : Bombay Secret Abstract dated 17th March 1928, para, 309. 3 : Bombay Secret Abstract dated 31st March 1928, para, 428. 4 : Bombay Secret Abstract dated 7th April 1928.

44 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Thereafter the Caste Hindu Appellants again preferred an appeal in the Hight Court, Bombay. This case lingered for four years. Lastly Justic Broomfield and Justice Wadia rejected Caste Hindus’ appeal on 17th March 1937 since they could not prove their ownership of land of Chawdar Tank. The Judgement of the High Court, Bombay reads as under : “APPEAL No. 462 OF 1933 FROM APPELLATE DECREE Narhari Damdoar Vaidya; and the others (Original Plaintiffs Nos. 2 to 6)…….Appellants. versus Dr. Bhimrao Ramji Ambedkar, Member of Joint Parliamentary Committee, London; and others. (Original Defendants)…… Respondents. Second Appeal against the decision of S. M. Kaikini, Esquire, Second Assistant Judge at Thana in Appeal No. 32 of 1931. Mr. V. B. Virkar for the Appellants, Counsel Mr. S. V. Gupte, with Mr. B. G. Modak for Respondent No. 1. 17th March 1937 Coram :—Broomfield N. J. and Wadia J. J. Oral Judgement Per Broomfield N. J.:— The appellants, on behalf of the caste Hindus of the town of Mahad, sued the respondents, who represented the so-called ‘Untouchables’ for a declaration that the Chawdar Tank near the town belongs to them and that they alone have a right to use It and the respondents are not entitled to use it, and for an injunction against the respondents not to use it. The claim to ownership is not now persisted in and it is conceded that, as found by the trial court, the tank belonged to Government under the provisions of Section 37 of the Land Revenue Code and has now vested in the Municipality of Mahad under Section 50 of the District

45MAHAD SATYAGRAHA Municipalities Act. It is also conceded now that the caste Hindus are not entitled to exclusive user of the tank as against all the world, since Mohamedans may and do use it. It is contended nevertheless that the appellants have the right to use it themselves and to exclude the ‘Untouchables’ from it, and this right is said to be based on immemorial custom. The Trial Judge found that the plaintiffs have proved a longstanding custom (he does not describe it as immemorial) of using the tank water to the exclusion of the ‘Untouchables.’ He held however that the custom conferred no legal right upon the plaintiffs because ‘mere user of a public tank by one class and non-user by another would not clothe the class making the user with any legal rights or rights of ownership.’ On appeal, the Assistant Judge confirmed the finding that the caste Hindus have not proved that they have any legal right to exclude the ‘Untouchables.’ He has relied to some extent on a judgement of Sir Sadashiv Ayar V. Vaithilinga, a case not reported apparently in the authorised reports but to be found in 1913 Mad. W. N. 247 and 18 Indian cases 979; but his main reason seems to be that he held that the custom is not shown to be immemorial. The Chawdar Tank is a small lake or large pool; between four and five acres in extent, on the outskirts of the town. It is surrounded on all sides by municipal roads beyond which are houses occupied by caste Hindus (and a very few Mohamedans), and the owners of these houses also own in many cases strips of land on the edge of the tank, ghats or flights of steps to get to the water and the masonry embankments along the sides. There are no houses of ‘Untouchables’ anywhere near. It is not known how old the tank is, except that it is admittedly not less than 250 years old. There is no evidence as to its origin. It is not even clear that it is artificial. The Trial Judge took the view that it was ‘a natural excavation in the bed of the earth, of course repaired and remodelled by human agency.’ If this is so—and the point was not disputed in the argument before us—it is probably many centuries old. The water supply comes from the monsoon and a few natural springs. The population of the town Mahad is between seven and eight thousand, of whom less than 400 are ‘Untouchables.’ The Municipality was established in 1865, but