Gandhian movement and his ideas and thinking of law

Mahatma Gandhi, widely revered as the "Father of the Nation" in India, was not only a pivotal figure in the struggle for independence but also a profound thinker on law and justice. Gandhi's approach to law was deeply intertwined with his philosophy of non-violence (Ahimsa) and truth (Satya). As a trained lawyer, he believed that law should serve the moral fabric of society rather than merely be a tool for enforcing rules. His legal philosophy emphasized justice, ethics, and the welfare of the people.

Gandhi practiced law in South Africa, where he fought against racial discrimination and advocated for the rights of Indians. His experiences shaped his belief in civil disobedience as a legitimate form of protest against unjust laws. Gandhi's idea of "Satyagraha," or truth-force, became a cornerstone of his legal philosophy, emphasizing the need to resist oppression without resorting to violence.

For Gandhi, laws that violated fundamental human rights were inherently unjust and lacked moral authority. He argued that individuals had a duty to resist such laws. His vision of law was not about punitive measures but about fostering harmony and justice. Gandhi’s ideas have continued to inspire movements for civil rights, freedom, and justice worldwide.

1. Gandhian movement URJITA SINHA UID : UG23-142

2. INTRODUCTION The period from 1919 to 1948 is known as the ‘Gandhian era in Indian History’. Gandhi gave a new direction to the freedom movement with his core principles of swaraj, Non-violence and Satyagraha. It was due to the influential leadership of Gandhi, that the national movement became more comprehensive and transformed into a mass movement. This led to the beginning of a new era in the freedom movement of India. During this period Gandhi had become the undisputed leader of the National Movement. His principles of nonviolence and Satyagraha which were employed against the British Government.

3. GANDHI AND MASS MOVEMENT Gandhi staunchly appealed to the masses. Gandhi had an unparalleled ability to connect with and mobilize the Indian masses, especially peasants and urban working classes. He toured extensively across India, reaching out to common people through public meetings and addresses. His simplicity helped him strike a chord with the masses. Gandhi saw Hindu-Muslim unity as vital for building a broad-based mass movement. The unity of India's two major religious communities would give immense strength and legitimacy to the independence struggle.

4. The British followed a "divide and rule" policy to create a rift between the two communities and weaken the nationalist movement. Gandhi observed that despite religious differences, there was an "innate anti-British feeling" among both Hindu and Muslim masses, suggesting a shared opposition to colonial oppression that could unite them. So, Gandhi envisioned Hindu-Muslim unity as both a pragmatic political strategy to amass greater force against the British, as well as an ideological challenge to colonial efforts to sow divisions between communities. This unity was a crucial aspect to Gandhi's vision of an inclusive mass Indian nationalism. This inclusive vision of nationalism was ahead of its time and challenged prevailing notions of identity and belonging.

5. GANDHI, NON-COOPERATION AND CIVIL DISOBEDIENCE The non-violent means he advocated was non-cooperation - refusing to cooperate with the unjust British regime and its institutions through peaceful civil disobedience like strikes, boycotts, non-payment of taxes etc. Religious Philosophy Gandhi's approach was deeply rooted in spiritual and religious philosophy. He wanted to infuse politics with moral and religious values. Non-violence was drawn from Hindu, Buddhist and Jain principles. Pragmatic Belief But Gandhi also pragmatically believed that non-violent non-cooperation was the most effective way to overcome the might of the British government in the long run when violent resistance could be crushed. Gandhi believed that the means to achieve an end were as important, if not more, than the end itself. Gandhi's approach to civil disobedience was deeply influenced by his understanding of history, philosophy, and the struggles of others. Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). He saw himself as part of a broader tradition of resistance against injustice, drawing inspiration from figures like Socrates and Thoreau. Gandhi sought to universalize the NATIONAL struggle and connect it to broader principles of justice and morality.

6. Gandhi's philosophy of law was deeply rooted in his belief in the primacy of truth, nonviolence, and the inherent dignity of every individual. For Gandhi, law was not merely a set of rules imposed by the state but a reflection of higher moral principles that transcended temporal authority. Gandhi's nuanced approach to colonial law. Throughout his life, Gandhi engaged with colonial laws through various means, from defending the rights of oppressed to leading campaigns against discriminatory laws in India. He engaged with colonial laws strategically, seeking to expose their contradictions and injustices while simultaneously advocating for broader legal reforms to ensure equality and justice for all. Gandhi's faith in colonial law was not unconditional. He recognized its limitations and often resorted to civil disobedience when legal avenues proved inadequate or unjust. GANDHI AND LAW

7. CRITIQUE OF GANDHI While Gandhi is widely revered for his role in India's independence movement and his philosophy of nonviolent resistance, his ideas had inherent flaws which were often addressed by his critiques. Ambedkar believed that Gandhi's views on the caste system were idealistic and not practical. Gandhi emphasized the idea of varnashrama dharma, which suggested that each caste had its own inherent duties. In contrast, Ambedkar saw the caste system as inherently discriminatory and oppressive, advocating for its annihilation rather than reform. Gandhi's frequent use of fasting as a political weapon was criticized as emotional blackmail and a form of moral coercion. Critics point to writings from his early years in South Africa that reflect what could be interpreted as racist attitudes toward black Africans. Gandhi used derogatory terms to refer to black Africans, and he also expressed some beliefs in racial hierarchy. His early views on race in South Africa and his stance on certain social issues, such as his views on gender roles, have been criticized as contradictory to his broader message of equality.