28 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
an obstruction within the meaning of section 339. The Pariahs were no obstruction; in fact there was nothing to prevent the complainant from taking his procession past them and they had a right to be where they were; and it is not suggested that their presence was intended to cause fear of physical injury or any fear that anything would happen to the complainant except the pollution of the procession by their presence.
It was not the presence of the Pariahs but the complainant’s own disinclination to go near them which prevented him from going where he would; it was his own choice which kept him from leaving the temple as Mr. Kuppuswami Aiyer put it, it was with his own consent that he remained there and there was no fear of injury within the meaning of the Penal Code which would prevent that consent from being a free consent. If it were otherwise, it would follow that a person in the position of the complainant would be justified in complaining of wrongful restraint against any Pariah, who having been lawfully in the public street on his own business, refused to move when directed to remove himself to a distance, knowing that if he remained, the complainant would be deterred by fear of pollution from passing near him.
It is clear that there would be no wrongful restraint in such a case and we think, it makes no difference that the Pariahs were posted by the accused [1] .
We therefore set aside the conviction and sentence and direct refund of the fines if paid.”
The case is very illuminating. There were in this case two parties. Venkata Subba Reddy was the leader of one party. Both parties were caste Hindus. The quarrel between the parties was over the right to take out a procession. Venkata Subba Reddy wanted to stop his opponents from taking out a procession and did not know how best to do it. It struck him that the effective way would be to get a few Untouchables and ask them to stand on the road and hold fast to it. The trick succeeded and his opponents could not dare to go in the procession for fear of being polluted. The fact that the Madras High Court gave a judgment to the effect that making the Pariahs stand on the road does not constitute obstruction in the legal sense of the term is another matter. The fact remains that the mere presence of the Pariahs was enough to drive the Hindus away. What does this mean? It means that the Hindus have an absolute feeling of revulsion towards the Untouchables.
- The trial Magistrate had held that the posting of the Pariahs was enough to cause obstruction and had held the accused guilty.