The Founding Mothers: 15 Women Architects of the Indian Constitution

2016

The current question of women’s autonomy and rights in India is rooted in the nineteenth century when the quest for independence of the country from British rule was going on and the issues of women’s rights gained a central position in debates on social reforms. Although, at that point in time, the notion of gender justice or gender equality had not gained ground, yet, the social reformers were of the view that something needs to be done about improving the situation of women. Women then were construed as members of the community rather than individuals on their own and therefore, the notion of women’s entitlements was interpreted within the context of the religious, personal, and customary law sphere which never treated women as independent entities. The official colonial and post-colonial discourses in pre-independent India were initiated by male reformers who articulated their thoughts on the abolition of Sati or on the age of consent. The amendments of personal laws were not women-friendly or provided for equality of sexes, rather these were based on orthodox opinions as evident from debates surrounding the Age of Consent Bill, Indian Divorce Act, Indian Succession Act of 1865, Hindu women’s Right to Property Act 1937 or the Hindu women right to Divorce Bill, 1939. Even during the debates on fundamental rights in the Constituent Assembly, men argued that ‘sex’ should not be mentioned as a ground of discrimination. But it was the women members who insisted that where fundamental rights were concerned the term man could not stand in for both male and female. However, in spite of the fact that equality on the basis of sex was mentioned in the Constitution, it could not contextualize women as independent beings and visualize them as members of the community.

The women, though few, raised women’s concerns and voiced women’s questions in the debates in pre-independent India within the given social context; and therefore the Constitution of India when finalized does reflect all of these concerns. These Constituent Assembly debates shaped the process of state formation and also guided the attitude toward women’s questions. This book looks at those women who raised their voices, pushed the concerns for inclusion, and highlighted the women’s concerns when the Constitution was being made. These and many other women played a significant role in the making of the Constitution. Yet, their works remain in the shadow, their faces invisible, their voices hidden and their courage unsung. They were the crucial architects of the Indian Republic who made substantial leaps in the history of India. Here we have made an attempt to look at their life, their views, their thoughts and the issues that they raised, which played a significant role in shaping the document called Constitution. We, therefore, call them the founding Mothers of the Constitution who brought in specific women-related concerns in contrast to the Fathers of the Constitution who sometimes favoured women’s questions, sometimes rejected women’s notions or sometimes overlooked women’s concerns. These women chose an unconventional path and voiced their thoughts in an arena dominated by men, and made their mark while writing the destiny of the Indian Republic.