'Nationalism Wasn't Sole Preserve of Men' : Justice Nagarathna Highlights Women's Role In Constituent Assembly

Justice BV Nagarathna of the Supreme Court recently highlighted the pivotal role played by women in the framing of the Constitution of India, focusing on the contributions of the fifteen women members of the Constituent Assembly in shaping an inclusive and transformative Constitution.Justice Nagarathna emphasized that the Indian women's constitutional imagination was not limited to political liberty but also sought the radical transformation of the private sphere, which was essential to assure the dignity of women.“the Indian women's constitutional imagination sought the radical transformation of the private sphere through the political force of nationalism. In other words, revitalising the private sphere and assuring the dignity of women, was the cornerstone of the national agenda for social renaissance. Nationalism in India was neither the sole preserve of the men nor merely preoccupied with political liberty”, Justice Nagarathna said.Justice Nagarathna delivered the keynote address titled “Home in the Nation: Indian Women's Constitutional Imagination” at the Pluralist Agreement and Constitutional Transformation Conference organized by NLSIU, Bengaluru on August 3, 2024.Justice Nagarathna began by acknowledging the fifteen women members of the Constituent Assembly. These women were Ammu Swaminathan, Dakshayani Velayudhan, G. Durgabai (also known as Durgabai Deshmukh), Hansa Mehta, Leela Roy, Purnima Banerjee, Rajkumari Amrit Kaur, Renuka Ray, Sarojini Naidu, Vijaya Lakshmi Pandit, Begum Aizaz Rasul, Kamla Chaudhary, Sucheta Kriplani, Malati Choudhary, and Annie Mascarene.The Indian women's movement, Justice Nagarathna said, cultivated a transformative yet pragmatic constitutional imagination. These women ensured that the struggle to transform the private sphere was intertwined with the quest for national enfranchisement and emancipation, she said.The 1940 Report of the Sub-Committee on Woman's Role in Planned Economy advocated for unrestricted voting rights, equal inheritance, and equal social and economic opportunities for women. Rajkumari Amrit Kaur described this inclusive approach as 'constructive citizenship'. Justice Nagarathna highlighted.Justice Nagarathna also noted that these women were involved in various sub-committees of the Constituent Assembly, where they used written notes of dissent and submissions to convey the perspective of the women's movement. Despite their numerical inferiority, their effective rationalization and active pursuit within the Committees ensured that their perspectives were not lost in a predominantly male assembly, she said.Justice Nagarathna highlighted the contribution of Renuka Ray, who served as the only woman member of the Hindu Law Committee. She supplemented the reformist stance with constructive readings of shastric texts and judicial pronouncements of the colonial state, advocating for securing absolute estate rights for women.Justice Nagarathna highlighted that women leaders in the Constituent Assembly aimed to challenge traditional notions of female inferiority and integrate gender equality into the constitutional framework.Smt. Hansa Mehta drafted the Indian Women's Charter of Rights and Duties in 1946 adopted by the All-India Women's Conference, which embodied the principles of gender equality. Justice Nagarathna said that the Charter's spirit is reflected in Articles 14, 15, and 23 of the Constitution. She highlighted Rajkumari Amrit Kaur's assertion that women constituted 'technically the largest minority' underlined the pervasive discrimination against them.Despite their numerical minority, Justice Nagarathna said, women members of the Constituent Assembly, including Rajkumari Amrit Kaur and Smt. Hansa Mehta, effectively advocated for gender equality through written dissent and committee submissions. Other members, such as Dakshayani Velayudhan, Aizaz Rasul, and Annie Mascarene, actively pursued practical measures for women's safety and empowerment, reflecting the constitutional principles even as they were being formulated, she said. Citing Prof. Achyut Chetan's book “Founding Mothers of the Indian Republic”, she highlighted that Renuka Ray focused on mental health for refugee women, while Durgabai Deshmukh pushed for vocational training and education for women affected by Partition violence.Aizaz Rasul called for the recruitment of women in defence services, opposed the Armed Forces (Special Powers) Bill, and emphasized the need for women in diplomatic roles and Employment Exchanges. Ammu Swaminathan sought employment assistance for female medical personnel, while Annie Mascarene pushed for better salaries and equipment for nurses and female medical workers.Dakshayani Velayudhan took special interest in advocating for the rights of Dalit girls and female factory workers and highlighted the state's responsibility to actively ensure equality and address untouchability. The Constitution's Preamble and Articles 38, 39, and 46 emphasize social justice and...

'Nationalism Wasn't Sole Preserve of Men' : Justice Nagarathna Highlights Women's Role In Constituent Assembly

Amisha Shrivastava

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