What does Nehru have to do with Children’s Day?

Happy Children’s Day!

When my son was very little, he came home from school and went straight into the kitchen, clearly looking for something. Disappointed, he stood in front of me and demanded to see the cake. What cake, I asked. “It’s Children’s Day, Mamma! You are supposed to celebrate having children!”

Today, it isn’t very different. My son just came home from school where his teachers worked really hard to make him and his classmates feel special and cared for. I appreciate the sentiment even though the day had a very different point of origin.

Significance of Children’s Day

Growing up, I knew that we celebrated Children’s Day on Nehru’s birthday. The reason I had heard was that Nehru loved children, but I later found that Children’s Day was really an awareness and fund-raising drive.

In 1951, a United Nations Social Worker Fellow V.M. Kulkarni who had been studying the rehabilitation of juvenile delinquents in England liked how the Queen of England’s birthday had been used to focus attention on children’s issues and raise funds for Save the Child Fund. He proposed that Pandit Nehru’s birthday, November 14, be used to bring awareness to children’s issues and child rights. It is said that the proposal embarrassed Nehru but he agreed to have his birthday attached to the cause.

Perhaps Nehru’s reluctance at Kulkarni’s suggestion was warranted. Soon political bootlickers and sycophants would gather children and have them sing songs in Nehru’s honour and he would pose obligingly with little children. The original intent was forgotten and a new legend grew about Nehru’s great love for children. He certainly had a great love for his own daughter, to whom he wrote wonderful letters from prison that not only outlined Indian and world history but also explained his humanist ideals and values. I often wonder how young Indira felt on receiving these letters. Did she groan at the heavy topics he chose to write about, and wish he would talk more about prison food or other ordinary things – not a draft of a chapter?

At any rate, Nehru’s birthday became Children’s Day from 1956. I looked around for pictures of the first official Children’s Day but the first official interesting material I found was the President’s address on the occasion in 1957.

In a speech titled A Plea for a Better Deal for Children, Prasad said that “it is a welcome idea to have one day every year to be celebrated as Children’s Day when all questions pertaining to children and child welfare would receive special attention.” The theme in 1957 was child hunger. The International Union of Child Welfare declared that “a child that is hungry must be fed”. Prasad extended the theme, by saying “If we put a wider interpretation on this theme, it should encompass wider needs such as hunger for play, hunger for love and hunger for security. After all a child needs these as much as nutritious food.”

Today, India’s President welcomed students from various schools and her speech was simply about the beauty of childhood. The original intent is long forgotten. It is now just a day when we celebrate children and Nehru.

Growing into Nehru

The slide show above covers Nehru’s childhood from infancy to his college years at Cambridge (the last picture is of him with his parents and two younger sisters, who later became famous in their own right – Vijaylakshmi Pandit and Krishna Hutheesing)

Born on November 14, 1889, as a child, Nehru did not hunger for food, love or security. He was born to extraordinary privilege. His family home, Anand Bhavan, in Allahabad had a swimming pool. Of course, do not imagine Nehru living alone with his parents in this palatial estate. The Nehru clan lived together. He was the youngest and his sisters followed much later, so while Nehru might not have hungered for the basics, he did hunger for companionship. Home schooled for nearly most of his education with governesses and private tutors, he did not have a peer group of classmates or playground friends. His much older cousins had neither time nor interest in him, and so although he was part of a bustling household he grew up rather alone.

In his autobiography, Nehru begins his story with refreshing candor and self awareness “An only child of prosperous parents is apt to be spoilt, especially so in India. And when that son happens to be on only child for first 11 years of his existence there is little hope for him to escape this spoiling.” His parents certainly spared no expense on his education. Annie Besant, the great educator and founding member of the Theosophical Society, recommended a tutor – Ferdinand T. Brooks – who, Nehru believes, had a great influence on his thinking. Brooks developed in Nehru a taste for reading and introduced him to a vast variety of literature and philosophy (including Theosophy). He also set up a lab in their home where they performed experiments to explore basic chemistry and physics. At 15, his parents and his infant sister accompanied him to England, where he was dropped off at the famous English public school – Harrows.

Clearly Nehru did not have an average childhood. He was keenly aware of the great difference between his experience of India versus that of the common Indian. This difference is often used against him. While many like to pull Nehru down for his elitism or his post-Independence leadership choices (both valid points), Nehru’s writings from prison in the 1930s reminds us that he was human, with the same human frailties that affect us regardless of income, education, gender, caste or creed.

In fact, I am glad for his intellectual upbringing. India was blessed to have an independence movement led by thinkers rather than wild and spontaneous actors (think of the rather haphazard birth of Pakistan). The men and women who organized our freedom struggle developed democratic ideals and a vision for equality that came from a conversion of intellectual vigor to actual action. The outcome, among other things, is our Constitution. Imperfect though it might be, it has provided us with a stable democracy for 75 years, while our neighbours have floundered. Most of the people who helped put the Constitution together were intellectual giants.

Recently, on social media, I read comments wishing that the India had a military dictatorship. They felt that this would help improve infrastructure and law and order. I wonder if Indian classrooms should spend more time exploring Pakistani, Bangladeshi, Burmese or Sri-Lankan history. All our neighbors have had experiences with military coups (successful and failed) and the outcomes were never positive for the country. In India, Nehru and his colleagues can take some credit for military-proofing Indian democracy. To read more check out this article. His understanding of the potential threats to democracy has often helped us tremendously, and while we might disagree with his politics, we should be grateful that we have a democracy that allows (at least in theory) for dissent.

So this Children’s Day let us not conflate the two events. Nehru probably did like children (it is very difficult not to like children, and even if he did not like them, it would have been political suicide to admit it) but Children’s Day is not to celebrate his love for children. It is to draw awareness to important children’s issues in our society today, as Rajendra Prasad did in his very first Children’s Day address – serious issues concerning children’s health, children’s rights, access to quality nutrition and education.

It is also Nehru’s birthday. We are still a young nation and his legacy is still up for debate and political wrangling but perhaps in a hundred years the man will be remembered for both his contributions and his failings in a more balanced, objective and less divisive manner. That he was extraordinary is hard to deny if you delve into the man’s writing and look carefully at his influence in a myriad issues that concern modern India today. It is also hard to deny that he was not perfect. We should never be satisfied with the legacy of our ancestors – growth and forward movement are our constant civic duties.

Sources:

Joshi, S. (2005) How did Children’s Day begin, The Tribune India. Available at: https://www.tribuneindia.com/2005/20051112/saturday/main4.htm (Accessed: November 14, 2022).

Prasad, R. (1958) “A Plea for a Better Deal for Children,” in Speeches of Dr. Rajendra Prasad, President of India, 1957-1958. India, pp. 98–99.

Nehru, J. (1982) “Descent from Kashmir,” in Jawaharlal Nehru, an autobiography. Tehran: Bahman Pr., pp. 1–26.

All images from Wikimedia Commons

The Stamp Series# 2 – Dr Rajendra Prasad Tests the Extent of Presidential Authority

Name: Dr. Rajendra Prasad – President of India 1950-1962
Date of Issue: 13 May 1962
Denomination: 15 nP
Source: India Postage Stamps

The other week, I was introducing my Civics class to the Indian Parliamentary system. Everyone understood the idea of a bicameral legislature. They understood the role of the Prime Minister and his/her cabinet. But when we came to the President, there was general bemusement. One young boy said, “So, basically, the President is powerless, right?” He said disparagingly and I felt the spirits of all previous Presidents of India – dead and alive – flinch in unison. Dr Rajendra Prasad, our very first President of India, himself, struggled with coming to terms with the limited role of the President in the Indian polity.

Dr Rajendra Prasad was a well-respected lawyer, journalist, scholar, freedom fighter and member of the Constituent Assembly. Born in 1884 to a modest Kayastha family in Bihar, he had trained as a lawyer. In his thirties, he was recruited by Gandhi to work in the campaign to support indigo peasants in Bihar. Over time, he rose through the ranks of the party to become President of the Indian National Congress.

Photo Source: Anandabazar

Upon Independence, Rajendra Prasad and Nehru became an odd couple at the top of the new Indian government. Rajendra Prasad was a traditional Hindu and had spent much of his career campaigning for Hindi to be the official national language. He also suggested that all other Indian languages shift to the Devanagari script as nearly all Indian languages found their root in Sanskrit. He had grown up in a middle-class Indian family and had his early schooling in a traditional elementary school before moving to Patna and Calcutta to pursue higher education. In other words, Rajendra Prasad was more son of the soil than Eton and Cambridge educated Nehru. His upbringing and life experience coloured his perspective and philosophy on the role of the government just as much as Nehru’s Western education, privileged upbringing and life experience had influenced Nehru’s world view on the same subjects.

Naturally, Prasad and Nehru did not see eye to eye on things. Rajendra Prasad wanted Republic Day (26 January 1950) to be rescheduled because it was not an auspicious day. The rational and scientifically inclined Nehru was mortified at the suggestion. Their biggest differences were centred around each man’s understanding of secularism. To Prasad, the traditional Hindu, a secular government’s role was to allow each individual to enjoy the freedom to practice his/her religion without state interference. To Nehru, the secular government’s role was like a benevolent father figure who protected all communities, especially minorities, and who tried to repair inequities within communities.

These differences led to a small constitutional crisis when they faced off over the Hindu Code Bill. While everyone agreed Indian society had issues concerning women’s rights and caste discrimination, they all had different opinions on how these inequities should be addressed. Nehru, Prasad and other members of the Constituent Assembly had wanted to create a Uniform Civil Code, but practical issues of how to address minority concerns and preserve cultural identities of various religious groups crippled the process. In the end, Nehru narrowed his focus on the Hindu personal laws.

RK Laxman on Nehru and the Hindu Code Bill

At the time of Independence, nearly 80% of India considered themselves Hindu and yet it was hard to pinpoint what being Hindu really meant. Nehru intended for the Hindu Code Bill to unite this diverse religious community. With Ambedkar, he saw an urgent need for reform and standardisation of personal laws concerning marriage, divorce, adoption, and inheritance. Being a Hindu himself, he thought himself more entitled to reform Hindu personal laws than address the similar issues concerning the Muslim and Christian communities in India.

Rajendra Prasad, ever the traditional Hindu, was vocally opposed to government interference in Hindu personal laws. He wrote his objections in various long and detailed notes to Nehru. While both Prasad and Nehru were secular, Prasad felt that the government should support all religions equally but should not interfere with any single communities’ laws and practices. If Nehru did want to reform Hindu society, then why not extend that reform to all communities within India through a Unified Civil Code? Why single out Hindu society?

His other objection was that the Constituent Assembly that would have passed the Hindu Code Bill into law, had been elected to write the Constitution. They were not there to reform a religious community’s social problems. If Nehru and Ambedkar wanted to do this the right way, senior members of traditional Hindu communities should be included in the process. (Of course, Nehru and Ambedkar could not do that because it would have led nowhere. Traditional Hindus were against several proposed laws including a Hindu woman’s right to inherit her father’s property, or preventing Hindu men from having more than one wife) Nehru had no qualms about being utterly undemocratic about the process because he felt the ends justified the means in this case. And so, they engaged in a wonderfully polite but serious struggle for power. Rajendra Prasad felt that as President he was duty-bound to do something. And as first President, he was going to have to figure out just what a President could do when he disagreed with the Government.

When he realised Nehru was not going to change his mind, Rajendra Prasad threatened to send the bill back to Parliament and take actions “with the dictates of [his] own conscience” as he wrote to Nehru. Nehru was alarmed. He wrote back telling Rajendra Prasad that his actions would raise uncomfortable questions about the “President’s authority and powers to challenge the decisions of the Government and the Parliament” – uncomfortable questions whose answers might disappoint the President.

As they went back and forth, debating whether a President had the right to interfere in the work of the legislature, Prasad and Nehru asked the Attorney General to share his opinion. India’s first Attorney General, M.C. Setalvad referred to Article 74 in the Constitution that stated that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions”. Based on his optimistic interpretation of the Article, Rajendra Prasad felt that he had the right to stop legislation even without referring to the Council of Ministers. But Setalvad pointed out that the role of the President was equivalent to the role of the King or Queen in Britain. They were just figureheads and “the President was bound to act in accordance with the aid and advice tendered to him by the Council of Ministers.” In short, Rajendra Prasad could not act independently and block the Hindu Code Bill because he lacked the support of the Council of Ministers. The President soon realised he only had the power to express his objections but not actually do anything about them.

And so, after his futile attempts to exercise some power, Rajendra Prasad receded into the background, signing the dotted line when needed, and playing the role of dignified state elder, figurehead and rubber stamp. In 1977 and ‘ 79, Amendments 42 and 44 clarified that the President could only act on the aid and advice of the Council of Ministers and that the President can send the advice back for reconsideration only once. If the Council of Ministers sends the same advice back again, then the President was obliged to accept it.

Photo Source: The Print

It turned out that my student was right. Presidents in India do not have very much power when it comes to legislation. Of course, throughout our short history post Independence, Presidents have tried to push and expand their power and ability to affect change when they felt they needed to with varying degrees of success.

Two years before leaving office, Rajendra Prasad gave a speech at the inauguration of the Indian Law College where he said “It is generally believed (that) like the Sovereign of Great Britain, the President of India is also a constitutional head… I should like, to be studied and investigated, the extent to which the powers and functions of the President differ from those of the Sovereign of Great Britain…” This exhortation to the students came before Indira Gandhi pushed for Amendments 42 and 44 that strictly defined the powers and functions of the President. Rajendra Prasad, who died in 1964, was spared seeing the final nail in the coffin of Presidential power and independence. But, Rajendra Prasad set an example for future Presidents to act according to their conscience, push back against the Government and honour their oath “to protect, preserve and defend the Constitution” and for that, in addition to all his contributions as a founding father of the nation, he is remembered and honoured by history.

Resources:

About Rajendra Prasad:

  1. Rajendra Prasad on Wikipedia
  2. Eminent Parliamentarian Series: Rajendra Prasad (A Collection of essays on Rajendra Prasad)

About Nehru vs Rajendra Prasad and Hindu Code Bill and Article 74:

  1. Kaun Banayega Rashtrapati, by Ramchandra Guha in the Indian Express Archives
  2. Clash between President Dr Prasad and PM Nehru over Hindu Code Bill most serious, by Prabhu Chawla in India Today (1987)
  3. Disagreement between Rajendra Prasad and Nehru over Hindu code bills, India Today
  4. Letters to the Editor: Difference between Nehru and Rajendra Prasad, Anandabazaar (Translate to English)
  5. Jawaharlal Nehru and the Hindu Code: A Victory of Symbol over Substance? by Reba Som, Modern Asian Studies (on Jstor)
  6. Why We Need An Executive President, Rajinder Puri in The Outlook
  7. Whether the aid and advice theory has any relevance in the Constitution of India? by Mahitha Reddy in Judicere
  8. Mr Badal’s Blunder in Uday India