At the height of the Gujarat caste war, we met Justice M. P. Thakkar of that High Court at Ahmedabad. In a long interview, he spoke with great feeling, sometimes wiping tears. He had to pay a heavy price for upholding the cause of the Dalits. While congratulating on the elevation as the Chief Justice, we would like to publish our long interview with him at his official bungalow, as a tribute to this brave judge.
M.P. Thakkar, just appointed Chief Justice of the Gujarat High Court, is a great friend of the Dalits. He was the first in the country to warn the Hindus of a caste war engulfing Gujarat on the reservations issue. N. D. Sharma of the Indian Express (Feb. 2-1981) reporting Thakkar’s historic observations on a writ petition filed by the striking doctors, quoted the judge saying: “What would happen if the rickshaw-wala refused to carry the doctors, the launderer refused to wash their clothes and the grocer refused to sell them the provisions? The judge said that for hundreds of years they (the Harijans) had carried the excreta on their heads. If they get two or three more seats, should we mind it? ” Thakkar begged the medicos to withdraw the writ petition challenging government order asking medicos to vacate their hostels following the reservation agitation against Dalits.
Thakkar created history when he allowed the medicos to hold consultation meeting right in his court room itself. When the medicos announced their decision not to withdraw the writ but go ahead with the agitation Thakkar was virtually in tears. He said the decision of the medicos to fight against reservation of seats to SCs in medical colleges is the “beginning of the caste war”. And as predicted by Thakkar, the caste war began and it raged all over the State for nearly three months claiming 50 lives.
Therefore, the credit goes to Thakkar for predicting India’s first caste war. We met Thakkar during our second visit to Ahmedabad to study the caste war. He said: India would be torn to pieces because of the caste system. Blaming the Hindu communal forces for launching the Gujarat caste war, he said for going against their wishes, he was not being allowed to function as a judge. The high castes occupied over 90% of the top positions in the society. That means reservation in fact exists in favour of only the high castes. Dalits have reservation only on paper. Caste is a class in India with minor exceptions. Press has played a very nasty role in Gujarat. There was no attack on the Gujarat Samachar office as it was published in the press. The reports to this effect were totally false. The local press was pro-RSS. The Dalits and Muslims were being made to feel that they did not belong to this country. What is to be done, whom to blame? “He said in an emotion-charged voice. He wanted the government to stop advertisement to the press promoting communalism. Why should the government pay for abusing its own programmer? Something must be done to discipline our press which was owned by capitalists and run by high caste journalists. Thakkar then referred to the problems that he started facing after the caste war became hotter. “I don’t know if you have heard of ex-communication from a society. Today those who support the Dalits and Muslims face ex communication It is impossible to function in this society once you identify yourself with these sections”.
During our stay in Ahmedabad. we learnt that Thakkar had become the most hated man in the judiciary as well as the bar. His movement was watched, telephone tapped. At one time he was said to be seriously thinking of resigning. We could read the agony in his face. To that extent the Hindu society could be blood-thirsty. Thakkar belonged to a reputed high caste (non-Brahmin) family of Kutch, then occupying the no. 2 position in the High Court like Justice Bhimiah of the Karnataka High Court. Bhimiah at least was an untouchable and it was but natural that he should be denied the position of the Chief Justice which he should have become almost 10 years ago. When Thakkar was told about Justice Bhimiah, he said he could recollect the incident (Kittur and Sumitra Desai episode) which marred the chances of his becoming the Chief Justice. It was a conspiracy. Thakkar was critical of the role played by the Marxists in the Gujarat caste war, CPI & CPM did nothing to save the Dalits, he said and added: “Parliamentary system will not work in India I am really frustrated and disillusioned.” He disclosed what a post-graduate medical course examiner had told him. The examiner had confessed that if the answer papers of the Dalits came up for valuation, it would not even be seen. The candidate would be straightaway failed. No mercy. That was the amount of caste prejudice ruling our foreign-returned highly educated specialist doctors “India would break up It is a question of time” he sighed.
Since India is not a nation, such a break- up was inevitable Revolutionary sections should get ready for such an eventuality.
