The drafting of the Indian Constitution saw the invaluable contributions of women such as Hansa Mehta, Amrit Kaur, Begum Aizaz Rasul, and Kamaladevi Chattopadhyay. These remarkable figures co-authored significant sections of the Constitution, advocating fervently for equality and ensuring that women's rights were an integral part of the document. Their influence extended beyond the Assembly, showcasing their deep commitment to social reforms that would shape India's future.
Women drafters played a crucial role in challenging the entrenched patriarchal norms that existed within societal structures. Notably, Hansa Mehta and Amrit Kaur were strong proponents of a Uniform Civil Code (UCC), aiming to eradicate gender-based inequalities. Although the UCC was placed under the Directive Principles, their advocacy underscored the necessity of eliminating discriminatory practices that affected women both in personal and public domains.
Amrit Kaur was vocal in her opposition to unregulated religious practices that perpetuated gender inequality. She proposed replacing the notion of "freedom of worship" with "freedom of practices" to address customs that led to child marriage, polygamy, and the disenfranchisement of widows. Her stance emphasized the need to balance religious freedom with the imperative of societal progress.
Women leaders, particularly Hansa Mehta, played a significant role in shaping the debate around Fundamental Rights. They advocated for provisions that would protect individuals from oppression, both by the state and society. Their insistence on including freedoms that safeguard against patriarchal and religious dominance ensured that the liberties of marginalized groups were recognized and upheld.
Following Independence, reports like “Towards Equality” (1974) highlighted the unfulfilled promises of the Constitution regarding women's rights. Despite the instrumental leadership of drafters like Kamaladevi Chattopadhyay, the persistent patriarchal system hindered the realization of gender parity in both law and practice, underscoring the ongoing struggle for women's empowerment.
Beyond their contributions to the Constitution, women drafters aligned with social reformers such as B.R. Ambedkar to tackle caste and gender oppression. Their advocacy championed critical issues, including the abolition of child marriage, widow remarriage, and property rights for women. They envisioned a society where legal frameworks were not just written but actively practiced to ensure equality.
“Equality in law is the foundation of a just society, but equality in practice is its true achievement.”
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