Vol. 17, Part II · pages 26–30

1 RELIGION AND PRIEST BE BROUGHT UNDER PROPER CONTROL By Dr. B. R. Ambedkar, M. A., Ph. D., D. Sc, Bar-at-Law., M. L. C. While at Belgaum I heard of the movement started by some of the Parsis in Bombay to found an association, the prime object of which shall be the abolition of priesthood as a caste. The object of such a body has only to be stated for the vast majority of the young educated people of India to accept it with alacrity. I do not feel called upon to discuss the ways of the Parsi Mobeds. But my Parsi friends may rest assure that the Hindu priestly classes stand in no way superior ethically, educationally or otherwise to the average member of the Parsi priesthood. A Clog on the wheel The counts in the indictment against the hereditary Hindu priests are numerous and appalling. He is a clog on the wheel of our civilization. Man is born, he weds, becomes the father of a family and then in time dies. All along the priest shadows him like an evil genius. Deviation from draconian rules prescribed by him according to the Shastras and Smritis of his own making is punished with a terror which 99 per cent are unable to withstand. Ostracism or casting out man from Society is the weapon fashioned by the Devil himself. This the priest wields with ruthless, relentless and inexorable vigour. I must admit the officiating Brahmin is a miserable specimen of humanity as a rule. He knows it just as well as we do. He practises the shame of being a middleman between the unseen powers and the helpless man and makes a living by it. Philosophers may well ask, is this class reprobate at heart ? But whatever be the answer to the question this parasite living upon and eating into the vitals of Society can no longer be permitted to function without check or control. We in India might take a leaf out of the English reformation and bring both the religion and the priest under proper control and prevent its rank and wild growth.

4 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES A heroic task There is also a great necessity for effective legislation against superstitious practices prevalent among the masses. They find their support in the priest. Wasteful offerings to gods and goddesses, long mourning and multiple ceremonies at births, deaths and marriages, insensate caste dinners are some of the senseless and meaningless practices in which the priest delights. Be it an occasion of joy like wedding or sorrow like death, it is equally availed of by the priests, many of whom pray, as one of the Parsi correspondents, has excellently shown, in order to be able to prey on their victims. I say the Catalogue of the evils of priesthood is really appalling. Its final eradication can only be kept in view as an ideal but we cannot start a month too soon in initiating our righteous campaign. I cordially welcome the measures concerted by some of the leading Parsis. It is really surprising how much priestridden the Parsi community is. It has been estimated by some Parsi friends that for one year after his death, a dead Parsi is economically a heavier burden on the poor family than a living one. A Parsi newspaper recently gave the instance of a man who while living could hardly afford an aluminium tumbler. But when he died the priest insisted that a silver goblet should be employed in his funeral ceremony. I quote this to show that with their keen practical wisdom the Parsis have very appropriately taken the lead in initiating measures for ridding India of the evil of priest-craft and I have no doubt that all enlightened Hindus, Mahomedans and Christians will join this heroic and noble task of cleansing priestdom, the weight of which they are certainly far less fitted to bear than their Parsi brethren”. 1 zz 1 The Bombay Chronicle, dated November 8, 1929.

2 THOUGHTS ON THE REFORM OF LEGAL EDUCATION IN THE BOMBAY PRESIDENCY By Dr. B. R. Ambedkar, M. A., Ph. D., D. Sc, Bar-at-law., Principal, Government Law College, Bombay. The Legal Profession in the Presidency of Bombay consists of diverse elements. There is difference of status and there is difference of training. There are six different classes of Legal Practitioners in the Presidency viz ; 1. Barrister-at-Law, 2. Advocates (O. S.), 3. Advocates (A. S.) of the Bombay University, 4. Advocates (A.S.) of the Bar Council, 5. Solicitors, and 6. Mukhtyars, who have the right to practise in the Courts in the Bombay Presidency. The extent of legal training which is required from these six classes of practitioners varies considerably. The Barrister’s legal training extends over three years plus one year in Chambers. The Advocate (A.S.) of the Bombay University is a graduate of Bombay University who has had a compulsory training in Law extending over two years in a recognised Institution. Thus, in all he spends six years after his matriculation before he becomes entitled to practise. The Advocate (A.S.) of the Bar Council is, unlike the Advocate (A.S.) of the Bombay University, only a Matriculate and is not required to undergo compulsory training in Law in any recognised Institution and entitled to appear for the Bar Council Examination without any interval being allowed to pass. The Advocate (O.S.) is an LL.B. like the Advocate (A.S.) and he has had altogether five years of legal training. After an interval of two years after taking his LL.B. degree, he appears for the Examination of the Advocate (O.S.). He does not even then become entitled College Notes We, however, note with satisfaction that Mr. Fyzee has handed over charge to no less a person than Dr. Ambedkar. A lawyer of repute, he is a close student of Economics, an authority on Constitutional Law and a personality known throughout India and elsewhere. To write more about him would be otiose. Expecting much from our Principal we shall not embarrass him now. We prefer to wait and see.

6 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES to practise unless, in addition, he spends one year reading in the Chambers of a senior practitioner, thus spending altogether nine years from his Matriculation. The Solicitor is required to be either a B. A. or an L.L.B. before he signs Articles with a firm of solicitors. His examination is held three years after he has signed his Articles. His previous training, therefore, is either seven years if he joins the firm as a B. A. or nine years if he joins it as an LL.B. At the lowest rung of the ladder is the Mukhtyar. He need have no training in Law nor is he required to pass any qualifying test. The situation is further complicated by the existence of two other circumstances. First is the existence of different authorities having the right to examine candidates appearing at the Law Examinations. So far as the two classes of Advocates (A.S.) are concerned, there are two different authorities which have the right to examine. One class is examined by the Bombay University and the other by the Bar Council. With regard to the Advocate (O.S.) and the Solicitors, the examining body is the High Court. It must be noted that none of these examining bodies undertakes the responsibility of teaching those whom they examined. The second circumstance which adds to the complexity of the situation is the difference of status among the legal practitioners in the Presidency. The Advocates (O.S.) and the Barristers have the whole field open to them. They can practise in any Court and on either side of the High Court though they can only plead and cannot act. The Advocate (A.S.) is restricted so far as the High Court is concerned to the Appellate Side. But he can plead as well as act. The Solicitor, on the other hand, can practice anywhere and so far as the High Court is concerned, on the Original Side he can only act while on the Appellate Side he can act as well as plead. That, there should be such a diversity is the matter of qualifications, in the matter of Examinations and in the matter of Status among persons practising the same profession is a very unfortunate fact. But while it may be admitted that all this is very unsatisfactory and even deplorable, I do not think it can be argued that all this constitutes a problem. Because I am not convinced that the system complicated and illogical as it produces any injurious results. That, there are anomalies in the situation is beyond

7THOUGHTS ON . . . . . . . . . BOMBAY PRESIDENCY doubt ; but there are anomalies also in other Departments of Education. To take only two examples, one from the Medical and the other from the Engineering Profession. The University of Bombay has instituted a course of Medical studies on the passing of which a person becomes entitled to the M. B. B. S. Degree. Parallel to it and alongside, there is the L.C.P.S. course conducted by the Government on the completion of which a person becomes entitled to a Diploma. The University of Bombay has prescribed a course of Engineering at the end of which the Degree of B.E. is conferred on the successful candidates. The Victoria Jubilee Technical Institute has also a Course of Engineering at the end of which the student gets a Diploma. Both the person who gets the University Degree as well as the person who gets his Diploma in Medicine or Engineering practise the profession and find employment both under Government and also outside Government. No one complains about this because each class finds a place that is suited to its training. This is exactly what happens in the Legal Profession if one cares to understand the way it functions. The Mykhtyars are confined to Criminal Courts of the lowest order and take up petty cases. The Advocate (A.S.) of the Bar Council who has become an eyesore to many practitioners practise in the Mofussil Courts of Sub-Judges and Sub-Divisional Magistrates in Taluka. It is the Advocate (A.S.) and the Advocate (O.S.) who alone practise in the District Courts and the High Court. Turning our attention to the way in which the profession functions in practice it cannot be said that there is anything very seriously wrong with the system for Legal Education. That the system is complex and asymmetrical is true but mere complexity and absence of symmetry can not be taken to constitute a problem especially when by the law of gravitation so to say each person settles down to the position and the class of work which is but commensurate with his training. Assuming that there is a problem, it is necessary to make certain distinctions to avoid confusion of the issue. The problem of overcrowding of the Legal Profession must be separated from the problems of legal education. It would be indefensible both from the stand-point of education and also from the stand-point of social justice to frame a scheme of Legal Education on a basis which would make legal profession the preserve of the few. The question