Feminist ideology in India’s constitutional discourse

The role of women in the drafting of the Indian Constitution is being highlighted, with a focus on their contributions that have been overshadowed in popular narratives. The work of the 'founding mothers' has been marginalized, despite their crucial involvement in shaping India's constitutional framework, as discussed in Achyut Chetan's "Founding Mothers of the Indian Republic" (2022). Their struggle for gender equality within the Constitution, despite the challenges posed by patriarchal structures, has largely been overlooked in mainstream historical accounts.

The Role of Founding Mothers in Drafting the Constitution

• Intersectional Alliance with Ambedkar: The founding mothers, including figures like Amrit Kaur, formed an alliance with B.R. Ambedkar, who shared their skepticism of the patriarchal structures deeply rooted in Indian society. This alliance sought to push for social revolution, challenging the traditional, brahmanical patriarchal norms that restricted women’s freedoms and rights.
• Struggle Against Patriarchy: Amrit Kaur asserted that Indian women were no longer willing to accept standards set by the male-dominated community. The founding mothers actively worked within the Constituent Assembly to challenge the patriarchal ecosystem, advocating for progressive social changes, but their efforts have been largely ignored in mainstream narratives.
• Constitution as a Feminist Charter: The founding mothers viewed the Fundamental Rights as not only protecting citizens from state oppression but also as a tool to reclaim women's freedoms curtailed by religious and family structures. They demanded a Uniform Civil Code to counteract patriarchal forces and protect women’s equality, but this was relegated to the Directive Principles of State Policy.

Women’s Role in Shaping Social and Religious Reforms

• Fight for Uniform Civil Code: Prominent founding mothers like Hansa Mehta and Amrit Kaur argued for the inclusion of a Uniform Civil Code to ensure equal rights for women, especially in the private sphere, where practices like polygamy and child marriage were prevalent. Their struggle was crucial in making gender equality a part of the constitutional discourse, even if it was not immediately implemented.
• Secularism and Women’s Rights: Begum Aizaz Rasul highlighted secularism as a cornerstone of the Constitution. Hansa Mehta, in particular, pushed for limiting the right to religious freedom, fearing that it could be used to perpetuate harmful religious practices that subjugated women, like purdah and child marriage. Their advocacy for secularism was aimed at ensuring that religion did not interfere with women's social reforms.
• Dissent on Religious Freedom: Amrit Kaur’s dissent on religious freedom reflected her concerns about the patriarchal tendencies within religious practices. She argued that unrestricted religious freedom would undermine past legislative reforms like the Widow Remarriage Act and the Sarda Act, which were aimed at women’s emancipation. Her stance was rooted in the belief that many religious practices subjugated women under the guise of tradition.

The Continuing Struggle for Women’s Equality

• Failure to Achieve Equality: Despite the promises made in the Constitution, the 1974 "Towards Equality" report highlighted the failure to achieve substantive gender equality in India. Women’s constitutional rights remained largely unrealized, with patriarchal structures continuing to dominate social, political, and economic spheres.
• Post-Independence Feminist Setbacks: After the passing of the founding mothers, the feminist vision in India's constitutional framework has been significantly weakened. While there have been strong women leaders in politics, India has not seen a feminist stateswoman or jurist rise to prominence. Women's representation in decision-making roles remains minimal, and the promise of gender justice remains unfulfilled.
• The Unfulfilled Promise of the Uniform Civil Code: The founding mothers envisioned the Uniform Civil Code as a tool for gender justice, but political resistance has kept it from being implemented. Despite legal backing, the political will to address gender injustice has been lacking, leaving women’s rights to be subordinated in the face of complex political and religious interests.

Practice Question

Q. Critically analyze the role of women members in the Constituent Assembly of India in shaping the Constitution, with special reference to their contributions to gender equality and social reforms.