Case 9.13: The wedding horse
- Hypothetical case
- Difficulty
- Hard
- Syllabus point
- 6: moral thinkers, applied (Ambedkar and constitutional morality)
- Values and laws tested
- Constitutional morality, equality and dignity, rule of law against the pressure of public order; Articles 14, 15, 17 and 21; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (general mention)
Illustrative exampleThe wedding horse
Sunanda is a Sub-Divisional Magistrate in a district of Rajasthan. In a village a Scheduled Caste family has a wedding, and the groom wishes to ride a mare in the wedding procession. Some people (not all) of the locally dominant group say "this has never been the custom here" and warn that the procession may be stoned. The station house officer advises, "Let them take the procession out at night, or go by car instead of the mare. That will avoid the quarrel and no blame will come to you." The groom's family is frightened and says, "We do not want a quarrel, but it is our right." There has been no major violence in the village before, and most villagers want peace. The procession is the day after tomorrow. The matter has reached the local news, and a few youths on both sides are posting heated messages online. Sunanda has two police teams available, and the station house officer is capable but cautious.
- Stakeholders
- the groom's family (the weakest party), the locally dominant group, other villagers, the station house officer and police, Sunanda, the administration.
- Issue
- the right to equality and dignity and the rule of law against pressure to bend in the name of "peace". Constitutional morality against local social custom.
- Options
- A. Arrange a "compromise" with a night procession or a car (the quarrel is avoided; but discrimination is accepted, a right is surrendered and the signal for the future is wrong). B. Impose prohibitory orders and advance arrests on the whole village and push the procession through with heavy force, without talks (the right is protected; but the village turns hostile, tension and distrust grow, and the chance of dialogue is lost). C. Assure the family and give protection so the procession goes at the fixed time and in the planned way, deploy enough police, talk with the elders of the dominant group about the legal position and consequences, give a clear warning of legal action for obstruction and act if needed (hard; but both right and peace are served).
- Best
- C. In the Constituent Assembly on 4 November 1948 Ambedkar said that constitutional morality is not a natural sentiment and has to be cultivated. Articles 14 and 15 give equality, Article 17 abolishes untouchability, Article 21 carries dignity; the Atrocities Act, 1989 may apply where there is such coercion.
Lesson
Action: Short term: a written protection plan, police deployment, talks with both sides, immediate action on any obstruction, recording of the event. Long term: a harmony committee and awareness in the village, education on equality in schools, monitoring of such incidents, a contact system for disadvantaged families.
Practice Questions
Practice questionabout 100 words
(10 marks, 100 words) What should Sunanda do? Solve with the five-step card.
Model answer
The weakest stakeholder is the groom's family; the dominant group, villagers and police are involved too. The issue is the right to equality and dignity against pressure to bend for "peace". I have three routes: a night procession or car, heavy force without dialogue, or protection with dialogue. The first surrenders a right; the second raises tension and distrust. I choose the third, because Ambedkar's constitutional morality and Articles 14, 17 and 21 demand equality and dignity. I would deploy police, talk with the elders and apply the law to any obstruction. Long term I would form a harmony committee.
Practice questionabout 50 words
(5 marks, 50 words) Explain Ambedkar's "constitutional morality" with this case.
Model answer
Constitutional morality means placing the Constitution's values (equality, dignity, justice) above social custom, and cultivating them.
Practice questionabout 50 words
(5 marks, 50 words) Suggest long-term steps to reduce such discriminatory practices.
Model answer
A harmony committee, equality in education, monitoring, support for disadvantaged families.