Introduction: Patriarchal Framing of the Constitution
- The term “founding fathers” of the Indian Constitution highlights the patriarchal and paternalistic framing, ignoring the contributions of the “founding mothers.”
- Women in the Constituent Assembly actively participated, carrying forward the feminist movement both within and beyond the Assembly.
Historical Context
- Achyut Chetan’s Argument: The Constitution reflects the will, consent, and dissent of women, marking it as a significant milestone in Indian feminism.
- Christine Keating’s Analysis: Women were constitutionally subjugated by maintaining discriminatory personal laws while granting equality in the public sphere, forming a “postcolonial sexual contract.”
Role of the Founding Mothers
- Formed an alliance with B.R. Ambedkar to challenge social and cultural patriarchy.
- Amrit Kaur’s Assertion (1932): Indian women rejected male-dominated societal standards, advocating for breaking patriarchal norms.
Fight for Fundamental Rights and the Uniform Civil Code (UCC)
- The founding mothers conceptualized Fundamental Rights as tools to protect inherent freedoms, curbing patriarchal power in family and religion.
- Hansa Mehta and Amrit Kaur: Advocated for including the UCC in Fundamental Rights to arrest patriarchal influences.
- Although relegated to the Directive Principles, these women played a crucial role in elevating the importance of the Directive Principles in constitutional jurisprudence during the 1980s.
Secularism and Religious Freedom
- Begum Aizaz Rasul: Stated secularism as the Constitution’s most significant feature.
- Hansa Mehta: Opposed unrestricted religious freedom, advocating for limiting religious practices that curtailed women’s equality.
- Amrit Kaur’s Dissent: Highlighted how unbridled religious freedom could invalidate progressive laws like the Widow Remarriage Act or the abolition of sati, maintaining discriminatory practices like purdah and polygamy.
Challenges and Missed Opportunities
- Kamaladevi Chattopadhyay’s View: Initially celebrated the Constitution as a promise of equality and justice for women, but this optimism faded.
- 1974 Report: The “Towards Equality” report revealed India’s failure to achieve equality for women even after two decades of independence.
Contemporary Reflection
- The absence of feminist stateswomen and jurists has weakened feminist constitutionalism in modern India.
- The Uniform Civil Code, intended to address gender injustice, remains unfulfilled despite its inclusion as a promise by the founding figures.
