Source: The post significant contributions of women in drafting the Indian Constitution has been created, based on the article “Feminist ideology in India’s constitutional discourse” published in “The Hindu” on 26th November 2024.
UPSC Syllabus Topic: GS Paper 2-Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Context: The article highlights the significant contributions of women in drafting the Indian Constitution. It criticizes the patriarchal neglect of their role, addresses their fight for gender equality through constitutional provisions, and laments the ongoing struggles for women’s rights in independent India.
Who Were the Founding Mothers of the Indian Republic?
- The article highlights the contributions of women in the Constituent Assembly, referring to them as the “founding mothers.”
- They worked alongside B.R. Ambedkar to ensure the Constitution addressed gender equality.
- Prominent women like Amrit Kaur, Hansa Mehta, and Begum Aizaz Rasul challenged the patriarchal systems embedded in Indian society.
How Did Women Influence the Constitution?
- Advocated for Gender Equality: Women in the Constituent Assembly, including Hansa Mehta and Amrit Kaur, fought to ensure the Constitution addressed gender equality, particularly in areas of Fundamental Rights.
- Pushed for Uniform Civil Code (UCC): Hansa Mehta and Amrit Kaur demanded the UCC be part of Fundamental Rights to counter patriarchal power in religion and family. When it was relegated to the Directive Principles, they worked to strengthen its significance by introducing a prelude declaring the Directive Principles fundamental to governance.
- Challenged Religious Freedom: Amrit Kaur and Hansa Mehta argued against absolute freedom of religion, warning it could perpetuate harmful practices like child marriage, purdah, polygamy, and sati.
- Pioneered Secularism: Begum Aizaz Rasul described secularism as the Constitution’s most significant feature, supporting efforts to limit religion’s control over women’s rights.
- Elevated Directive Principles: The efforts of women helped secure a legal framework that recognized Directive Principles’ importance in achieving social justice in later jurisprudence (1980s).
Conclusion
- The founding mothers of the Indian Constitution played a crucial role in embedding gender equality, yet their contributions remain overlooked.
- Despite this, patriarchal compromises allowed discriminatory personal laws, undermining women’s equality.
- The 1974 Towards Equality report revealed that even two decades later, gender equality was unachieved.
- The Uniform Civil Code, designed to ensure justice, remains unimplemented, reflecting a failure to honor their vision.
- Women’s representation in power remains low, hindering feminist constitutionalism in India.
Question for practice:
Discuss the contributions of women in the Constituent Assembly toward promoting gender equality and their impact on the Indian Constitution.
