Vol. 5 · pages 296–300

281 THEIR WISHER ARE LAWS UNTO US Take another case. Those of the Balais of the Central India. The Balais are an untouchable community. About the year 1927, the Balais started a compaign of social improvement of their community and had made rules prescribing that the members of their community should not do certain kinds of work which is degrading and should dress in a certain manner. These rules did not in any way affect the interests of the Caste Hindus. But the Caste Hindus took offence at this effort of the Balais to raise themselves above the status prescribed by custom and they decided to deal a deadly blow to what they regarded as the insolence of the Balais. The following is the report which appeared in the papers of how the Caste Hindus dealt with the rebelious Balais. 1 Tyranny of Hindus Rules for Balais Mode of Life Laid Down “Last May (1927) High Caste Hindus, viz, Kalotas, Rajputs and Brahmins, including the patels and putwaris of villages Kanaria, Bicholee Hafsi, Mardana and of about 15 other villages in the Indore District, informed the Balais of their respective villages that if they wished to live among them, they must conform to the following rules :— (1) Balais must not wear gold lace bordered pugrees; (2) they must not wear dhoties with coloured or fancy borders; (3) they must convey intimation of the death of any Hindu to relatives of the deceased—no matter how far away these relatives might be living; (4) in all Hindu marriages, the Balais must play music before the processions, and during the marriage; (5) the Balai women must not wear gold or silver ornaments; they must not wear fancy gowns, or jackets; (6) Balai women must attend all cases of confinement of Hindu women; (7) the Balais must render services without demanding remuneration, and must accept whatever a Hindu is pleased to give; (8) if the Balais do not agree to abide by these terms, they must clear out of the villages. BALAIS REFUSE COMPLIANCE “The Balais refused to comply; and the Hindu element proceeded against them. Balais were not allowed to get water from the village wells, they were not allowed to let their cattle graze. Balais were prohibited from passing through land owned by a Hindu; so that if the 1 The report is taken from the Times of India of 10-2-38 & 1-4-38.

282 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES field of a Balai was surrounded by fields owned by Hindus, the Balai could have no access to his own field. The Hindus also led their cattle to graze down the fields of Balais. The Balais submitted petitions to the Darbar against these persecutions; but as they could get no timely relief, and the operation continued, hundreds of Balais, with their wives and children, were obliged to abandon their homes in which their ancestors lived for generations and migrate to adjoining States, viz., to villages in Dhar, Dewas, Bhopal, Gwalior and other States. COMPULSORY AGREEMENT “Only a few days ago the Hindus of Reoti village, barely seven miles to north of Indore City, ordered the Balais to sign a stamped agreement in accordance with the rules framed against the Balais by the Hindus of other villages. The Balais refused to comply. It is alleged that some of them were beaten by the Hindus; and one Balai was fastened to a post, and was told that he would be let go on agreeing to sign the agreement. He signed the agreement and was released. Some Balais from this village ran up to the Prime Minister the next day, i.e. on the 20th December, and made a complaint about the ill treatment they received from the Hindu villagers of Reoti. They were sent to the Subha of the district. This officer, with the help of the police, made inquiries at the village, and recommended that action be taken against the Hindus under section 342 and 147 and against the Balais under section 147, Indian Penal Code. Balais leave villages Caste Tyranny Ignorance of law a handicap “There has been no improvement in the treatment of the Balais by the Hindu residents of certain villages. Balais, it has already been reported, have been ill treated by the higher caste Hindus. From the Dopalpur Pargana alone, Indore District, a large number of Balais have had to leave their homes and find shelter in adjoining States. The villages from which Balais have been forced to clear out are Badoli, Ahirkharal, Piploda, Morkhers, Pamalpur, Karoda, Chatwada, Newri, Pan, Sanauda, Ajnoti, Khatedi and Sanavada. Pamalpur village has been altogether deserted and not a Balai man, woman or child is to be found there. Nanda Balai a resident of one of the above villages, it is alleged, was severely beaten by the Hindus of the village. In one village, the report goes, the Hindus burnt down all the dwellings of the Balais but the offenders have not yet been traced.

283 THEIR WISHER ARE LAWS UNTO US “Balais are ignorant village folk, who are ignorant of legal procedure and think that if a petition is sent to the Sirkar all that is required will be done for them. They have not the knowledge; or the means and practices, to pursue a complaint to its end; and, as they, it is said in some cases, failed to attend or produce witnesses in support of their allegations, the magistrate had no alternative but to dismiss their complaint.” Looked at from the point of view of Dharma and Adharma, can it be doubted that underneath the lawlessness and ruthlessness of the Hindus in suppressing the revolt of the untouchables, they are actuated by what they think a noble purpose of preventing an outrage upon their Dharma ? IV It may well be asked how much of this Dharma of Manu now remains ? It must be admitted that as law in the sense of rules which a Court of Judicature is bound to observe in deciding disputes, the Dharma of Manu has ceased to have any operative force-except in matters such as marriage succession etc.—matters which affect only the individual. As Law governing social conduct and civic rights it is inoperative. But if it has gone out as law, it remains as custom. Custom is no small a thing as compared to Law. It is true that law is enforced by the state through its police power; custom, unless it is valid it is not. But in practice this difference is of no consequence. Custom is enforced by people far more effectively than law is by the state. This is because the compelling force of an organized people is far greater than the compelling force of the state. Not only has there been no detriment to its enforceability on account of its having ceased to be law in the technical sense but there are circumstances which are sufficient to prevent any loss of efficacy to this Dharma of Manu. Of these circumstances the first is the force of custom. There exists in every social group certain (habits*) not only to acting, but of feeling and believing, of valuing, of approving and disapproving which embody the mental habitudes of the group. Every new comer whether he comes in the group by birth or adoption is introduced into this social medium. In every group there goes on the process of persistently forcing these mental habitudes of the group upon the attention of each new member of the group. Thereby the group carries on the socialization of the individual of the shaping of the mental and practical habits of the new comer. Being dependent upon the * Inserted by Ed.

284 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES group he can no more repudiate the mental habitudes of the group than he can the condition and regulation of his physical environment. Indeed, so dependent the individual is on the group that he readily falls in line and allows the current ways of esteeming and behaving prevailing in the community, to become a standing habit of his own mind. This socializing process of the individual by the group has been graphically described by Grote. He says— “This aggregate of beliefs and predispositions to believe, ethical, Religious, Aesthetical, and Social respecting what is true, or false, probable or improbable, just or unjust, holy or unholy, honourable or base, respectable or contemptible, pure or impure, beautiful or ugly, decent or indecent, obligatory to do, or obligatory to avoid, respecting the status and relations of each individual in the society, respecting even the admissible fashions of amusement and recreation—this is an established fact and condition of things, the real origin of which for the most part unknown, but which each new member of the group is born to and finds subsisting……It becomes a part of each person’s nature, a standing habit of mind, or fixed set of mental tendencies, according to which particular experience is interpreted and particular persons appreciated…… The community hate, despise or deride any individual member who proclaims his dissent from their social creed…… Their hatred manifests itself in different ways…… At the very best by exclusion from that amount of forbearance, good will and estimation without which the life of an individual becomes insupportable.” 1 But what is it that helps to bring about this result ? Grote has himself answered this question. His answer is that, this is due to— “Nomos (Law and Custom), King of all” (which Herodotus cites from Pindar) exercises plenary power, spiritual and temporal, over individual minds, moulding the emotions as well as the intellect, according to the local type.... and reigning under the appearance of habitual, self suggested tendencies. What all this comes to is that, when in any community, the ways of acting, feeling, believing, or valuing or of approving and disapproving have become cystalized into customs and traditions, they do not need any sanction of law for their enforcement. The amplitude of plenary powers which the group can always generate by mass action is always ready to see that they are not broken. The same thing applies to the Dharma laid down by Manu. This Dharma of Manu, by reason of the governing force which it has had for centuries, has become an integral and vital part of the customs and 1 Grote : Plato and the other Companions of Socrates, Vol. I, p. 249.

285 THEIR WISHER ARE LAWS UNTO US traditions of the Hindus. It has become ingrained and has given colour to their life blood. As law it controlled the actions of the Hindus. Though now a custom, it does not do less. It moulds the character and determines the outlook of generation after generation. The second thing which prevents the Dharma of Manu from fading away is that the law does not prevent its propagation. This is a circumstance which does not seem to be present to the minds of many people. It is said that one of the blessings of the British Rule is that Manu Smriti has ceased to be the law of the land. That the Courts are not required to enforce the provisions contained in Manu Smriti as rules of law is undoubtedly a great blessing—which might not be sufficiently appreciated except by those who were crushed beneath the weight of this “infamous” thing. It is as great a blessing to the untouchables as the Reformation was to the peoples of Europe. At the same time it must be remembered that the Reformation would not have been a permanent gain if it had been followed by what is called the Protestant Revolution. The essential features of the Protestant Revolution as I understand them are: (1) That the state is supreme and the Church is subordinate to the state. (2) The doctrine to be preached must be approved by the state. (3) The clergy shall be servants of the state and shall be liable to punishment not only for offences against the general law of the land but also liable for offences involving moral turpitude and for preaching doctrines not approved of by the state. I am personally a believer in the “Established Church”. It is a system which gives safety and security against wrong and pernicious doctrines preached by any body and every body as doctrines of religion. I know there are people who are opposed to the system of an “Established Church”. But whether the system of an “Established Church” is good or bad, the fact remains that there is no legal prohibition against the propagation of the Dharma laid down by Manu. The courts do not recognize it as law. But the law does not treat it as contrary to law. Indeed every village every day. When Pandits are preaching it to parents and parents preach it to their children, how can Manu Smriti fade away ? Its lessons are reinforced every day and no body is allowed to forget that untouchability is a part of their Dharma. This daily propagation of the Dharma of Manu has infected the minds of all men and women young and old. Nay, it has even infected the minds of the judges. There is a case reported 1 from Calcutta. A certain Dome (untouchable) by name Nobin Dome was prosecuted for theft of a goat. He was found to be not guilty. He filed a complaint for defamation against the complaint. The magistrate dismissed the 1 2 W.R. (Cr.) 35. Queen v/s Nobin Dome.