Feminist ideology in India’s constitutional discourse
Overview:
The role of women in framing the Indian Constitution has remained largely unacknowledged and undervalued as compared to the contributions of the “founding fathers.” The article examines the significant contributions of women members of the Indian Constituent Assembly in framing the Constitution, their struggle against patriarchal structures, and the gaps in realising gender equality in India.
Relevance:
GS-02 (Indian Polity, Gender)
Dimensions of the Article:
- Introduction: Gender and the Constitution
- Contributions of the Founding Mothers
- The Challenges Faced by Women in the Constituent Assembly
- Constitutional Provisions and Missed Opportunities
- Legacy and Its Modern Implications
Introduction: Gender and the Constitution
- The Constitution of India was shaped by a collaborative effort between men and women, yet women’s contributions are overshadowed in mainstream narratives.
- Achyut Chetan, in his book, describes how the Constitution represents a milestone in Indian feminism crafted through women’s active participation, dissent, and advocacy.
- Christine Keating critiques the compromises made during the framing, where public equality for women was upheld but their subordination within family laws persisted.
Contributions of the Founding Mothers
- Alliance with Ambedkar: The founding mothers worked closely with B.R. Ambedkar to challenge deeply ingrained patriarchal norms in Indian culture. Amrit Kaur emphasised the need for women to reject standards imposed by male-dominated societal norms.
- Fundamental Rights and Social Reform:
- Hansa Mehta and Amrit Kaur envisioned Fundamental Rights as tools for dismantling patriarchal systems in both private and public spheres.
- They strongly advocated for including a uniform civil code under Fundamental Rights but had to settle for its placement under Directive Principles.
- Strengthening Directive Principles:
- They ensured a prelude to the Directive Principles, emphasising the state’s duty to use them in governance. This clause later played a significant role in expanding their importance in constitutional jurisprudence.
- Secularism and Women’s Rights:
- Begum Aizaz Rasul highlighted secularism as the cornerstone of the Constitution.
- Hansa Mehta warned that unregulated religious freedoms could limit women’s rights and block progressive laws like the Sarda Act (child marriage prevention).
- Amrit Kaur criticised religious practices that perpetuated inequality, citing issues like purdah, polygamy, and sati.
The Challenges Faced by Women in the Constituent Assembly
- Women faced significant resistance in pushing for gender equality, as patriarchal norms dominated many debates.
- While they secured equality in public life as a fundamental right, discriminatory personal laws within family structures were allowed to persist.
- The “right to religion” often took precedence over women’s right to equality, curbing the scope of reforms aimed at addressing systemic gender injustices.
Constitutional Provisions and Missed Opportunities
- Uniform Civil Code: The founding mothers viewed the UCC as a tool to counter gender injustice in personal laws. However, its relegation to Directive Principles weakened its enforceability.
- Religious Freedom vs. Women’s Equality: The unchecked freedom of religion has often clashed with women’s rights, limiting social reforms. Amrit Kaur warned that such provisions could undermine existing progressive laws and prevent future reforms.
- Gender-Sensitive Governance: The Directive Principles aimed to act as a guide for gender-sensitive laws. Despite this, patriarchal societal norms and political resistance have hindered their implementation.
Legacy and Its Modern Implications
- The 1974 ‘Towards Equality’ report exposed the failure of the Indian Republic in delivering on the promises of equality enshrined in the Constitution.
- The contributions of the founding mothers have faded from public memory, and India has struggled to produce feminist leaders with a national vision.
- The Uniform Civil Code, envisioned to ensure justice for women, remains unimplemented, and patriarchal traditions continue to dominate personal and family laws.
- Women’s political representation and leadership in governance remain limited, reflecting an enduring gap in gender equality.
Way Forward:
- Implement the Uniform Civil Code: Fulfil the founding mothers’ vision by prioritising the UCC to address gender disparities in personal laws.
- Strengthen Women’s Representation: Encourage greater participation of women in politics and decision-making roles to advocate for gender-sensitive reforms.
- Revisit Religious Freedom Clauses: Amend provisions that allow religious practices to override constitutional principles of equality.
- Foster Intersectional Leadership: Build alliances across genders, castes, and communities to promote social justice and feminist constitutionalism.
- Educate on Women’s Contributions: Highlight the role of the founding mothers in shaping the Constitution to inspire future generations.
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