
On April 3, 1950, law minister B R Ambedkar announced the formation of an unofficial advisory committee for drafting the Hindu Code Bill. On hearing this, Congress leader and Constituent Assembly member Ammu Swaminathan created a storm when she sought the participation of women’s organisations in the discussion. When she mentioned that the bill would affect women more than men, the male-dominated House erupted in laughter.
Instead of being silenced, she called out the blatant display of sexism in the country’s highest law-making body, the provisional parliament: “Every time that any question of women’s rights comes up in this House, there is general laughter as if it is a joke. I do not mean it as a joke. I would like the law minister to tell us whether, in view of the fact that the Hindu Code really affects women very largely—and there are several women’s organisations in India—they have been asked to send representatives to this advisory committee.” She didn’t drop the questions till Ambedkar gave her a clear reply that women’s organisations were indeed invited.
This was just one of the many instances of sexism I came across while researching a book on the women in India’s Constituent Assembly. Women had to continuously battle patriarchy in their fight for progressive laws and political representation. Most of the rights that Indian women enjoy today are a result of their visionary thinking, perseverance and advocacy. Unfortunately, their achievements are often attributed to prominent male leaders and their names remain invisible.
Whenever I talk about feminist leaders from pre-independent India, I make it a point to mention the decades of struggle they endured to give Indian women the most basic of rights—the right to vote. It is important to highlight this fact against misinformation that often paints a false image of Indian women getting their rights easily, without struggle.
In 1917, a delegation of women activists from across India led by Sarojini Naidu made a representation to the Montague-Chelmsford Commission demanding women’s suffrage. The British government formed the commission to recommend how to introduce self-governance in India; it was to be the basis for the Government of India Act 1919.
The suffragists decided to adopt a multi-pronged approach. In 1918, some of them travelled to Britain to consolidate support, while Naidu moved resolutions at the Congress sessions in Bijapur and Bombay.
They won a monumental victory when the 1919 Act allowed the provincial legislatures to enfranchise women if they deemed it fit. Over the next few years, women leaders agitated in the provinces and secured the right to vote in the territories of Madras, Bombay, United Provinces and Bengal. But only a fraction of the women population could vote, as it was guaranteed conditionally on property ownership, income or other criteria.
The leaders expanded their advocacy and fought for universal adult franchise. To galvanise international support, Rajkumari Amrit Kaur, Ammu Swaminathan and a few other women leaders travelled to the League of Nations in Geneva. This move received widespread coverage at home and abroad. Soon after, the Government of India Act 1935 was passed. It enabled as many as 6 million Indian women to contest and vote in elections. Through their activism, these women leaders created widespread acceptance of the idea of a universal adult franchise, culminating with its inclusion in the Constitution.
Their work was not limited to political rights but also included social reform. Most of the women in the Constituent Assembly were also members of the All-India Women’s Conference, a prominent organisation formed in 1927. It fought to ban polygamy, outlaw child marriage, raise the age of consent, and give property rights to women. Their social reform agenda was often at odds with religious practices, and it was felt that the only way to ensure gender parity was with the adoption of secular civil codes.
In the Constituent Assembly, Hansa Mehta and Amrit Kaur fought to incorporate uniform civil code as a fundamental right. On November 22, 1949, Mehta appealed, “We have too many personal laws in this country and these personal laws are dividing the nation today. It is therefore very essential if we want to build up one nation to have one civil code.” It was seriously deliberated upon and included in the directive principles of state policy because of their efforts. Kaur and Begum Qudsia Rasul’s passionate pleas led to the removal of religion-based special privileges.
Naturally, the women leaders were ardent supporters of the progressive Hindu Code Bill. But they faced stiff opposition from the male members who considered provisions such as the right to divorce and daughters’ right to inherit as Western influences. The women spoke vehemently against this line of argument. G Durgabai said, “The smritis themselves have recognised the share of the daughter.” Kamala Chaudhri invoked traditional folk songs.
However, the orthodox members didn’t budge. Displeased, Durgabai and Renuka Ray complained to Prime Minister Jawaharlal Nehru. He assured that the laws would be passed after the first elected government was formed—and he kept his word. The rest, as they say, is history.
Though they were only a mere 5 per cent of the 299-member Constituent Assembly, the women leaders were a force of nature. Their contributions weren’t limited to the Constitution. They took on prominent roles in the newly independent democratic country.
Vijaya Lakshmi Pandit scaled heights in diplomacy. Amrit Kaur was the first woman to be a Union minister. As health minister, she was instrumental in establishing the All India Institute of Medical Sciences. Durgabai was a founding member of the Planning Commission. Annie Mascarene and Renuka Ray were ministers in their respective state governments. Sarojini Naidu went on to become the first female governor and Sucheta Kripalani, the first female chief minister.
As we celebrate our 76th Republic Day, let us remember these firebrand leaders. And reflect for a moment—what would the status of Indian women and girls be without their hard work?
Angellica Aribam
Lead author of The Fifteen; founder of Femme First Foundation
(Views are personal)