Editorial Focus: Dalit emancipation cannot exclusively rely on constitutionalism.

Why?

• Liberation through constitutionalism is limited due to the limited ability of Constitution to deliver change in societal behaviour.This is seen in the landmark case of Surya Narayan Chaudhury v. State of Rajasthan in 1988. This case prohibited temples from discriminating against Dalits’ right to worship and enter the sacrosanct spaces as a rule of law.
• The verdict delivered by the Chief Justice of India, Justice J.S. Verma, pointed out the fact that ‘mere enactment of such a law or guaranteeing a right in the Constitution of India is not enough and the change needed is really in our hearts and not elsewhere. It is the willing acceptance of the society which alone is the sure guarantee of eradication of any social evil.’
• The Constitution cannot be treated as a grievance cell since the Constitution in itself cannot offer immediate resolution. This is because the accessibility of the Constitution to the oppressed is extremely limited, since any violation of rights under the Constitution has to be resolved by the Indian courts which is time consuming and financially constrained.
• There are genuine gaps while considering constitutional morality as a common virtue. This is because several individuals and various caste groups do not consider Dalits as being equal to them. Therefore such individuals would not follow the principles of the Indian constitution such equality and fraternity among all Indian citizens. So the principles of Indian constitution cannot be considered as a common virtue.
• R. Amedkar is considered is considered as the main architect or father of the Indian Constitution. B.R. Ambedkar was also a Dalit and therefore when limitation of the Indian constitution in ensuring Dalit emancipation in India is highlighted, the criticism is suppressed by making the argument that this cpnsitituion which is being critiqued for being weak in ensuring Dalit empowerment was formed by B.R. Ambedkar who was a Dalit.    
• The methods of attaining Dalit emancipation, however, remain unknown.