“The future constitution of the country will affect both men and women equally… [Women would like to see that] it provides equal rights and equal opportunities for women in all spheres of human activities.”
— Hansa Mehta, 1946
On December 11, 1946, Sarojini Naidu, representing the Indian National Congress, highlighted the Constituent Assembly’s objective as crafting “the immortal charter of India’s freedom,” emphasising liberty, peace, and equality. Despite this vision, mainstream scholarship often marginalises women’s contributions, perpetuating the narrative of “founding fathers” and ignoring the pivotal roles played by women in shaping India’s Constitution.
Women’s Roles in Constitution-Making Far from being passive participants, women were integral to the constitution-making process. They were active members of critical sub-committees like the Fundamental Rights Sub-Committee and the Minority Rights Sub-Committee. In these smaller, focused settings, women raised sensitive issues, which might not have been as easily addressed in the larger assembly debates.
Eleven women signed the Constitution, including G. Durgabai, Ammu Swaminathan, Amrit Kaur, and Dakshayani Velayudhan. These women were not merely representatives of their gender but significant contributors to discussions on fundamental rights, secularism, and governance.
Shaping Fundamental Rights and Equality
One of the most notable contributions of women was their role in drafting the Fundamental Rights section. Amrit Kaur ensured the inclusion of the word “sex” in Article 15, prohibiting discrimination based on gender. This provision remains crucial in addressing gender-based issues, exemplified by landmark judgments like National Legal Services Authority vs. Union of India (2014).
Article 15(3), introduced with the support of Dr. B.R. Ambedkar and women members, empowered the State to enact provisions for women’s welfare, paving the way for initiatives like reservations in Panchayati Raj and laws like the Protection of Women from Domestic Violence Act.
Advocating Secularism and Social Reform
Women like Hansa Mehta and Amrit Kaur championed the need for religious freedom while advocating reforms to address regressive practices rooted in religion, such as child marriage and purdah. Aizaz Rasul opposed religious reservations, warning of their divisive potential.
These perspectives helped shape India’s secular framework, ensuring the State’s principled distance from religion. Recent laws and judgments, such as the ban on Triple Talaq and the Sabarimala verdict, reflect this forward-thinking approach.
Impact on Directive Principles of State Policy
The Directive Principles of State Policy (DPSPs) owe much to women’s advocacy. Amrit Kaur emphasised their importance as fundamental to governance. Over the years, these principles have influenced judicial interpretations and legislative developments, such as the recognition of the right to education under Article 21A and the enactment of the Maternity Benefit Act, 2017.
Conclusion
As we celebrate 75 years of the Indian Republic, it is vital to acknowledge the contributions of the ‘Founding Mothers.’ Their vision continues to shape India’s constitutional framework and societal progress. Achyut Chetan, in The Founding Mothers of the Indian Republic, emphasises the need to dismantle historical prejudices that obscure women’s roles in nation-building. This article seeks to reconstruct a narrative that includes the perspectives and contributions of these remarkable women alongside their male counterparts.
Dr. Fauzia Khan is a Member of Parliament (Rajya Sabha) and Rohit Gupta a Policy Associate.
