Syllabus
GS Paper 1 – Post-independence consolidation and reorganization within the country. Role of women and women’s organization, population and associated issues, poverty and developmental issues, urbanization, their problems and their remedies.
Context
The fact that the ‘founding mothers’ of the Indian Republic too painstakingly co-authored the Constitution of India has been brushed over.
Source
The Hindu| Editorial dated 26th November 2024
Feminist ideology in India’s constitutional discourse
The framing of the Indian Constitution was not solely the work of the “founding fathers” but was also profoundly shaped by the contributions of “founding mothers” like Hansa Mehta, Amrit Kaur, and Begum Aizaz Rasul. Their feminist perspectives enriched the Constitution, laying a foundation for equality and justice. Despite their efforts, societal and institutional barriers have limited the realization of these ideals. This article explores the pivotal role of the founding mothers and the challenges that persist in achieving gender equality in India.
Contributions of the Founding Mothers
- Intersectional Alliance: The founding mothers aligned with B.R. Ambedkar to champion social reforms, challenging entrenched Brahmanical patriarchy.
- Amrit Kaur, in 1932, declared that Indian women would no longer submit to standards dictated by male-dominated societal norms.
- Fundamental Rights as Social Charter: The founding mothers envisioned Fundamental Rights as protections not only from the state but also from private institutions like religion and family, which curtailed women’s freedoms.
- Push for Uniform Civil Code (UCC): Hansa Mehta and Amrit Kaur emphasized the need for a UCC to address the patriarchal dominance of religious and familial structures.
Struggles in the Constituent Assembly
- Uniform Civil Code Debate:
- The relegation of the UCC to the Directive Principles was a setback. However, the founding mothers ensured the inclusion of a prelude to the Directive Principles, asserting their importance in governance.
- This prelude influenced the judicial ascendancy of Directive Principles in the 1980s, particularly in cases advocating social justice.
- Religious Practices vs. Women’s Equality:
- Hansa Mehta and Amrit Kaur opposed unbridled religious freedom, fearing its impact on women’s rights. Amrit Kaur, in her note of dissent, criticized practices like child marriage, polygamy, and sati, which were justified under the guise of religion.
- Despite these efforts, freedom of religion triumphed over women’s equality, perpetuating gender-based discrimination.
Advocacy for Secularism and Equality
- Secularism as a Pillar: Begum Aizaz Rasul identified secularism as the Constitution’s cornerstone. She and Hansa Mehta worked to limit the right to religion to prevent it from curtailing social reforms.
- Revised Religious Freedom:
- They argued for replacing “free practice of religion” with “freedom of religious worship”, ensuring that religious practices do not undermine women’s emancipation.
- This proposal underscored the necessity of progressive legislation to address patriarchal traditions entrenched in religion.
The Post-Constitution Era: Unfulfilled Promises
- 1974 Towards Equality Report:
- Two decades after the Constitution’s adoption, the Government of India’s “Towards Equality” report highlighted the failure to achieve gender equality.
- The report revealed persistent disparities in women’s access to education, employment, and representation in politics.
- Uniform Civil Code Unfulfilled:
- The UCC, intended to ensure gender justice, remains unimplemented due to political and religious opposition.
- This neglect reflects the Republic’s inability to honor the constitutional vision of equality and dignity for women.
Persistent Gender Inequality
- Limited Representation:
- Despite having women in leadership roles, women’s political representation remains low. For instance, women constitute only 14% of India’s Parliament as of 2024.
- Women’s participation in judiciary and policymaking is similarly limited, with only 15% representation in higher judiciary.
- Societal Barriers:
- Patriarchal norms continue to restrict women’s agency, perpetuating issues like domestic violence, wage disparity, and lack of educational opportunities.
- The failure to enact progressive reforms, such as the UCC, exacerbates these challenges.
Lessons from the Founding Mothers
- Visionary Advocacy:
- The founding mothers demonstrated that intersectional feminism could challenge entrenched inequalities, as seen in their advocacy for Fundamental Rights and the Directive Principles.
- Commitment to Social Justice:
- Their efforts to address the intersection of gender, caste, and religion highlight the need for inclusive policymaking.
Current Relevance of Feminist Constitutionalism
- Need for Feminist Jurisprudence:
- The absence of feminist jurists has limited the development of gender-sensitive legal frameworks.
- Judicial decisions often reflect patriarchal biases, undermining women’s constitutional rights.
- Policy Reforms:
- Strengthening institutions like the National Commission for Women (NCW) can help address systemic gender disparities.
- Affirmative action policies can promote greater representation of women in politics and governance.
Challenges in Implementing Progressive Reforms
- Political Resistance:
- The UCC faces opposition from religious and political groups, stalling its implementation.
- Societal Attitudes:
- Deep-rooted patriarchal mindsets hinder the acceptance of gender-equal policies.
- Inadequate Legal Frameworks:
- Existing laws often lack enforcement mechanisms, limiting their effectiveness in addressing gender-based discrimination.
Conclusion
The founding mothers of the Indian Republic envisioned a constitution that would guarantee equality and dignity for women. Their contributions, from advocating secularism to pushing for the Uniform Civil Code, reflect a bold feminist vision. However, the promises of the Constitution remain unfulfilled due to societal, political, and institutional barriers. Realizing their vision requires renewed commitment to feminist constitutionalism, progressive policymaking, and collective action to dismantle entrenched patriarchal norms. Only then can India truly honour the legacy of its founding mothers and achieve gender justice.
Related PYQ
The women’s question arose in Modern India as part of the 19th century social reform movement. What were the major issues and debates concerning women in that period? [ UPSC Civil Services Exam – Mains 2017]
Practice Question
Discuss the role and contributions of the founding mothers of the Indian Constitution in shaping India’s democracy and the challenges in achieving their vision of gender equality. [250 words]
Guidelines for Answering the Question
- Introduction:
- Briefly introduce the Constituent Assembly and the pivotal role played by women members in framing the Constitution.
- Highlight the vision of equality and justice they brought to the Constitution.
- Body:
- Focus on their role in drafting Fundamental Rights and Directive Principles of State Policy.
- Emphasize advocacy for gender equality and inclusion of the Uniform Civil Code.
- Highlight the underrepresentation of women in politics, judiciary, and policymaking.
- Conclusion:
- Conclude by reaffirming their lasting impact on India’s democratic framework.
- Stress the importance of addressing unfinished goals like gender parity and social justice in modern governance