Remembering the Founding Mothers of the Indian Constitution
March 8, 2025
https://janataweekly.org/remembering-the-founding-mothers-of-the-indian-constitution/
Indian women have played a key role in the nation’s political landscape since pre-colonial times. They contributed immensely to the freedom struggle and played a crucial role in shaping the Indian Constitution. Despite being silenced in a deeply patriarchal society, the founding mothers of the Indian Constitution were instrumental in envisioning a democratic nation where all citizens, regardless of gender, would enjoy equal rights. This article captures the struggles of these pioneering women who fought for equal citizenship rights for women and paved the way for participatory democracy. Because of their efforts, today, Indian women enjoy equal rights not as daughters, wives, or mothers but as individual citizens. These women serve as role models, and their legacy continues to inspire generations of women to engage in the democratic process to assert their citizenship rights.
The impact of their work is demonstrated by the fact that starting with the fifteen women who participated in the Constituent Assembly, today, more than 1.4 million women serve as elected panchayat leaders. While much remains to be done to secure greater political participation for women in Parliament, judiciary, and other institutions, it is important to pause and celebrate the role of the founding mothers. As countries worldwide observe Women’s History Month, India could take a moment to recognize the lives and contributions of these women, whose efforts were pivotal in securing equal rights for both men and women and inspiring a lasting change.
Women Freedom Fighters and Constitution Makers
Countless men and women fought for India’s freedom from colonial rulers. Among these freedom fighters were women who dedicated their lives to envision a democratic, secular, and egalitarian nation. Out of these, fifteen were elected to craft the Constitution. Among 284 men, these founding mothers made significant contributions in shaping the document that determined the design for the governance of the free nation. These 15 women include Ammu Swaminathan, Annie Mascarene, Begum Aizaz Rasul, Dakshayani Velayudhan, Durgabai Deshmukh, Hansa Mehta, Kamla Chaudhry, Leela Roy, Malati Choudhury, Purnima Banerjee, Rajkumari Amrit Kaur, Renuka Ray, Sarojini Naidu, Sucheta Kriplani, and Vijaya Lakshmi Pandit.
The framing of the Constitution was a revolutionary act; it set the groundwork for shaping post-colonial India. These founding mothers contested male domination and raised concerns about marginalized groups. Though their contribution is undermined, they dedicated their lives to challenging regressive social and cultural norms. Despite their varied backgrounds, they united in their fight for shaping women’s rights as citizens, distinct from their roles as daughters, wives, or mothers. In the Constituent Assembly, these women members highlighted the oppression ordinary women endured and worked to ensure addressing sex-based inequalities.
Their activism began long before they became Members of the Constituent Assembly. Several were affiliated with the Women’s Indian Association, the National Council of Women in India, or the All-India Women’s Conference (AIWC). As early as 1939, women’s collectives in the Report of the Sub-Committee on Woman’s Role in Planned Economy reimagined the Indian woman as a complete, self-sufficient individual and proactive citizen. Led by women leaders such as Hansa Mehta, this report was inspired by the Declaration of Fundamental Rights, which the Indian National Congress adopted in Karachi in 1931. It reflected a vision of gender equality and social justice that resonated deeply with the evolving discourse on human rights. This Report in 1939, noted,
“… We do not wish to turn a woman into a cheap imitation of man or to render her useless for the great tasks of motherhood and nation-building. But in demanding equal status and equal opportunity, we desire to achieve for woman the possibility of development under favourable circumstances of education and opportunity, and while so doing, urge upon the State its responsibility towards women in this respect.”
The Report recognized male domination within the household, economy, and society as a primary oppressor and called for social, legal, and administrative measures to curb this oppression. It advocated for equal pay for equal work, women’s financial independence, and recognizing the economic value of household work.
Based on this report, the Indian Woman’s Charter on Rights and Duties was prepared by Hansa Mehta, Rajkumari Amrit Kaur, and Lakshmi Menon under the aegis of AIWC. The Charter highlighted that educated and capable men and women, enjoying their rights to freedom and equality, could contribute significantly to societal progress. It emphasized women as right-bearing citizens who are fearless and enterprising and demanded equal rights and opportunities for men and women to receive education and excel. Rajkumari Amrit Kaur referred to this concept as “constructive citizenship,” emphasizing that only a citizen who fully enjoys her rights can effectively contribute to the welfare of society. The Charter specifically mentioned that women should have the right to be represented in Legislature, Municipalities, Local Bodies, and all other conferences and delegations.
The Charter guided women’s involvement in the Constituent Assembly, helping draft the Indian Constitution. Through the Charter, they campaigned for basic rights such as equal employment opportunities for men and women, voting rights, access to health, education, work, and freedom from ignorance and want. It also outlined women’s duties, including promoting education, combating social evils such as child marriage and caste discrimination, besides working for peace.
When the Indian Constitution was drafted, at the same time, global deliberations were held to enact the international human rights framework. A few of these women represented India on the international platform. For instance, Vijay Lakshmi Pandit represented India at the United Nations Commission on the Status of Women. Hansa Mehta, a delegate to the UN Commission on Human Rights in 1947-48, played a crucial role in shaping the Bill of Rights. She demanded replacing “All men are born free and equal” in Article 1 with “All human beings are born free and equal.” This change has broadened the understanding of women’s rights and the idea of equality. MacKinnon (Sex Equality Under the Constitution of India: Problems, Prospects, and “Personal Laws”, 2006) noted,
“It was Hansa Mehta, not Eleanor Roosevelt, who was responsible for what sex equality is embodied in the Universal Declaration of Human Rights.”
This change strongly impacted the struggles for gender-inclusive, fair, just, and equitable policies. Over the decades, these rights have been elaborated in several international instruments such as the Convention on Elimination of Discrimination Against Women in 1981, which requires countries to eliminate discrimination against women.
Women in the Constituent Assembly: How they Worked
During these times, India was also facing communal tensions and undergoing the turmoil of the Partition. Also, there were contested debates held on issues such as the Hindu Code Bill and the umpteen pressure exerted by the male members to suppress female voices. Societal norms, expectations, and stereotypes about women’s roles hindered their political engagement and public visibility. Despite facing multiple challenges, these founding mothers worked tirelessly to imagine a morally just and inclusive society.
They evolved various strategies to strengthen women’s rights. Despite facing criticism, misogyny, and discrimination from their male counterparts, they persisted and negotiated for equal rights in public and private spheres. Substantively and symbolically, the presence of women enabled the realization of the goal of gender justice.
They raised issues in multiple ways in the Constituent Assembly. They issued statements and made submissions and petitions to drafting committees. Further, they participated in the sub-committees and played a tremendous role in recommending affirmative action to guarantee equal opportunities to the disadvantaged sections. Through their active participation, these women laid the groundwork for future feminist movements to advocate for reforms.
Additionally, they played a key role in nation-building. After the enactment of the Constitution, some of them served as pioneering policymakers, educationists, activists, ministers, ambassadors, and diplomats. By showing courage and determination in a male-dominated society, these women became inspirational role models for generations aspiring to participate in political life. Due to the strong foundations laid down by them, today, citizens in independent India enjoy a wide range of rights and freedoms.
Demands for Political Participation of Women
Though the Founding Mothers opposed special reservations for women, they demanded equality of status and justice, as evident from the speech of Renuka Ray. She explained,
“We are particularly opposed to the reservation of seats for women. Ever since the start of the women’s movement in this country, women have been fundamentally opposed to special privileges and reservations…. Women in this country have striven for their rights, for equality of status, for justice and fair play and most of all to be able to take their part in responsible work in the service of their country.”
This idea is also evident from the speech of Purnima Banerjee, who argued that,
“As you know, in our province of the U.P., we have by a recent Act established about twenty-two thousand Panchayats all over the Province. To these Panchayats such rights and functions have been given which, if properly exercised, would really bring Swaraj to the people. As you know, our country is big and wide and medical amenities and educational facilities are all very sadly lacking. If these Panchayats or local bodies are to function properly, they must have adequate finances at their command. We have given them enough powers and we hope that, as time passes on, they will lay down roads and will foster such industries as will add to the prosperity of the villages and the localities.”
She further suggested amendments to Article 312F for the words ‘Muslim or the Sikh Community’ by the words ‘Muslim, Christian, Sikh community or by a woman’ be substituted to highlight positive discrimination. She clarified,
“My amendment seeks just to stretch that same provision for women. I wish to make it quite clear that women do not want any reserved seats for themselves, but nevertheless, I suggest to the House that in respect of the number of women who are now occupying seats in the Assembly, if any of them should vacate their seats they should be filled up by women themselves.”
The demands in these arguments depict that the founding mothers did not support the idea of women’s reservation. However, they believed the ideas of Mahatma Gandhi, Ambedkar, and various other leaders regarding the active participation of citizens in democracy. They supported the provisions mentioned in Article 40 pertaining to the organization of village panchayats. This is based on the idea of ‘Gram Swaraj’ or village self-independence is about strengthening villages through decentralization. This idea of participatory democracy in India sets it apart from the Western concept of parliamentary democracy.
To further strengthen the idea of Gram Swaraj, in post-colonial India, the 73rd Constitutional Amendment Act was enacted, which allowed the representation of one-third of women in Panchayats. In some states, now 50 percent of seats are reserved for women in Panchayats. Over the seventy-five years, from 15 women who participated in the making of the Indian Constitution, today we have more than 1.4 million women panchayat leaders.
Guided by the spirit of the Constitution, today, ordinary women are increasingly venturing out and achieving remarkable progress. The growing presence of women in public spaces over the years is the result of the hard-fought battle for citizenship rights led by the Constitution makers. However, this is not enough. Certainly, more women representation is required in politics Yet, this achievement depicts that though the journey is long and challenging but not impossible.
The Outcome of Their Struggles
The writing of the Constitution was a radical action towards liberation. The makers refuted the colonial logic of natives being incapable of self-rule. Based on democratic and egalitarian ideals, the document is a key to emancipation. The Constitution makers envisioned India as a welfare state responsible for ensuring the social and economic well-being of its citizens, based on equality of opportunities and fair wealth distribution.
The Founding Mothers significantly shaped the Preamble, advocating for equality, liberty, justice, democracy, and secularism. They envisioned a nation where all citizens, regardless of caste, class, gender, or religion, could equally enjoy their rights. They emphasized the importance of Fundamental Rights and Directive Principles in the Constitution, which laid the foundation for future laws to protect marginalized groups.
Moreover, the persistent advocacy for women’s rights by the founding mothers during the colonial era paved the way for the path that promised equality and justice besides affirmative action for marginalized groups. Despite facing numerous challenges, these founding mothers fought hard demanding political freedom. Also, they championed women’s rights in a male-dominated society.
As a result of their rigorous efforts, women in post-colonial India were recognized as equal citizens rather than being solely defined by their roles as daughters, wives, or mothers. Through their active participation in the freedom struggle and the crafting of the Constitution, these women revolutionized how women’s issues were viewed and addressed as citizens in a democratic country. As they highlighted their voices in governance, these women are the role models these women and sources of inspiration for their future generations.
Further, India has kept a culturally diverse and vast country together for almost seven decades. Given to ‘we the people’ by ‘we the people’, it embodies the hopes, aspirations, and rich legacy that successive generations have safeguarded and advanced. The world marvels at the durability, flexibility, and effectiveness of the Indian Constitution.
Challenges Now
Over the decades, the post-colonial state has made several efforts to align with the evolving aspirations of women in the modern world. However, inequalities persist because of lacunae in enforcing the laws and policies. These arise from deep-rooted societal attitudes, a lack of awareness, and weak enforcement mechanisms.
Therefore, many demands outlined in the Charter of Rights and Duties remain unmet. Hence, much more work is needed to ensure women’s safety, address issues regarding violence against women, uphold the rights to equality, and create conditions that facilitate ordinary people to enjoy their rights. The continuing dialogue around women’s rights and other underrepresented groups is key to creating an inclusive and just society. One of the women members of the Constituent Assembly, Hansa Mehta stated,
“What we have asked for is social justice. We have asked for that equality which alone can be the basis of mutual respect and understanding and without which real cooperation is not possible between and man and woman. Women form one-half of the population of this country, and therefore, men cannot go very far without the cooperation of women.”
To achieve this vision of equality and justice, India should adopt a progressive approach to achieve human development goals.
Inspirational Legacy for the Future Generations
The Founding Mothers left a lasting and profound legacy, significantly shaping India’s political and social landscape. Their contributions have had an enduring impact on the nation’s progress, influencing every facet of its development. Despite the numerous obstacles they encountered, these trailblazing women paved the way for future generations to participate in politics. India remains deeply indebted to these pioneering women for their unwavering commitment and contributions. Their influence is still evident today in the ongoing fight for gender equality and justice. Through their courage, wisdom, and resilience, the founding mothers shaped India’s growth, particularly individual freedoms, decentralization, and social justice. Their invaluable contributions are forever etched in the nation’s history. Their legacy continues to inspire future generations.
(Adv. Dr. Shalu Nigam is a feminist lawyer, researcher, and activist working on gender, law, human rights, and governance issues. She has also authored several books and papers. Her recent publications include The Founding Mothers: 15 Women Architects of the Indian Constitution (co-author, 2016), Women and Domestic Violence Law in India: A Quest for Justice (2019), Domestic Violence Law in India: Myth and Misogyny (2021), Dowry is a serious Economic Violence: Rethinking Dowry Law in India (2024), and the Role of South Asian Women in the Making of UDHR (2025). Courtesy: Countercurrents.org, an India-based news, views and analysis website, that describes itself as non-partisan and taking “the Side of the People!” It is edited by Binu Mathew.)
Labels: democracy, founding mothers, India, India constitution
posted by Adv Dr Shalu Nigam @ March 08, 2025
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