The idea of making a gift of fundamental rights to every
individual is no doubt very laudable. The question is how to make them
effective ? ‘The prevalent. view is that once rights are enacted in a
law then they are safeguarded. This again is an unwarranted assumption.
As experience proves, rights are protected not by law but by the social
and moral conscience of society. If social conscience is such that it is
prepared to recognizes the rights which law chooses to enact rights
will be safe and secure. But if the fundamental rights are opposed by
the community, no Law no Parliament, no judiciary can guarantee them in
the real sense of the word. What is the use of the fundamental rights
to the Negroes in America., to the. Jews in Germany and to the
Untouchables in India.? As Burke said, there is no method found for
punishing the multitude. Law can punish a single solitary recalcitrant
criminal. It can never operate against a whole body of people who are
determined to defy it. Social conscience—to use the language of
Coleridge—that calm incorruptible legislator of the soul without whom
ail other powers would ” meet in mere oppugnancy— is the only safeguard
of all rights fundamental or non-fundamental”
SECTION VI, Ranade, Gandhi and Jinnah. Vol-I, Dr. Babasaheb Ambedkar Writing and Speeches
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