Dr. B. R. Ambedkar and Women Empowerment Ms. Rupanshi Gautam
ABSTRACT I measure the progress of a community by the degree of progress which women have achieved. -Bharat Ratna Dr. B.R.Ambedkar Dr. Ambedkar – the determined fighter and a deep scholar has made significant efforts to lead the society on the path of Liberty, Equality and Fraternity. He was first Indian to break down the barriers in the way of advancement of women in India. He laid down the foundation of concrete and sincere efforts by codifying the common Civil Code for Hindus and other sections of the Indian society. The present paper is an attempt to highlight Dr.Ambedkar's view on women problems in pre-and post-independent India and its relevancy in present scenario. Dr . Ambedkar tried an adequate inclusion of women’s right in the political vocabulary and constitution of India. He insisted on Hindu Code bill suggesting the basic improvements and amendments in assembly. He also insisted and evoked all the parliamentary members to help to pass the bill in parliament. Eventually, he resigned for the same. Thus, his deep concern and feelings for all round development of women is expressed from his each sentence and word. KEY WORDS: Social justice, Hindu Social order, Women problems, Mahad Satyagraha, Hindi code Bill, Manu Smriti and Indian Constitution.
Introduction Ambedkar is one of the greatest personalities of 20th century India. His life was a great saga of suffering, sacrifice and struggle. His birth as an untouchable gave him a bitter taste of caste tyranny, oppression and unbearable agony. He was a fighter for the dignity of man and deprived people. His life was a struggle of a champion of human rights. So obviously he was a great thinker of woman and their rights. Being a pioneer of social justice, he always worked for the woman emancipation. His principle aim was to build up a society based on social justice. To secure and fulfill his dreams he thought everybody should be equal irrespective of caste, creed, gender and religion. For that
reason he started work for the upliftment of woman and their rights. In this context, the present paper intends and tries to narrate the rights and upliftment of woman in the view of Ambedkar. The endeavour was also given to highlight the relevance of Ambedkar at present day India. Dr. Ambedkar-the great fighter and a deep thinker has made significant efforts on the path of liberty. He was the first Indian reformer who roots out the barriers in the way of advancement of Indian society in general and of women in particular. Above all he was a pioneer of social justice. To secure all these goals he laid down the foundation of social justice by incorporating many factors or issues into
Indian constitution through its various articles for the Hindus and other sections of the society; specially for backward communities and for under privileged classes. Almost through its all issues he spoke on the gender equality, women education and exposed the problems related to women and other depressed class. He was also a strong advocate of family planning measures for women in Bombay Legislative Assembly. Ambedkar was an example of inspiration for many classes of society. He spent his whole life for the betterment of Indian society as well as women and other under privileged sections. He worked for the welfare of the people for his whole life. He builds up awareness among poor, illiterate women and inspired them to fight against the unjust and social practices like child marriages and devdasi system. Because of that finally he added and incorporated many rights of women in the constitution of India. It is to be noted here that Ambedkar was not only the father of Indian constitution, he was a freedom fighter, political leader, philosopher, thinker, economist, editor, social reformer, revivalist of Buddhism and above all he was the pioneer of backward classes. He stated women of Indian society should be given equal opportunity and equal share with their male counterpart. With the rise of Polar Star from tatters in Maharashtra, named Dr BR Ambedkar(1891-1956 ) women got their real emancipator .The Manusmiriti was burnt in full public view by Dr Ambedkar on 25th December 1927, thus he blew bugle of fight against discrimination and exploitation on the basis of one’s caste, creed , sex or place of birth. His principle of life was to speak, work & fight for the just cause of oppressed, depressed, exploited, illiterates, ill fed & ill-treated men & women irrespective of their caste or social status,
place of birth affiliations and without caring for his personnel life discomforts. Till then woman was considered lowest of the low in the Indian society, so he fought a very difficult battle for their cause. On March 19 & 20, 1927 he addressed a huge meeting of depressed classes, including women, and gave strong call for liberation of women. He advised them to attend more to their development of mind and the spirit of self-help; He said that education was as necessary for development of women as was for men. He declared “As you are, so shall be your children”. While addressing largely attended Depressed Classes Women conference on 18-/9 July 1942, he said, “He measured the progress of a community by the degree of progress made by the women of that community. He advised, let every girl who marries, stand by her husband, claim to be her husband’s friend and equal and refuse to be his slave. He advocated avoiding early marriage and producing too many children. Give proper education to your children, so that they live a dignified life”. Dr Ambedkar advocated for equal wages for equal work without discrimination on the basis of sex or caste, besides grant of paid maternity leave to expecting mothers. While strongly supporting proposed maternity benefits to women in Bombay Legislative Council in 1928 he said “---- it is in the interest of the Nation that the mother ought to get a certain amount of rest during the pre-natal period and also subsequently”. What status has been granted to our mothers, sisters, in Hinduism, other religious books and Upanishad etc.? Similarly, we can see that of Draupadi in Mahabharata, the status of a woman as she was the wife of five husbands (Pandvas). She was not only, the wife of five husbands; she put at stake in gambling. In 'Manusmriti' the ancient Hindu Code-book and Hindu Shastras has been mentioned
that the woman is the bond slave of her father when she was young, to her husband when she is middle aged and to her son when she is a mother. Considering sacrifices, sufferings & contribution of women for the welfare of the family, in the early times of human history. This continued in the Vedic Period, and women continued enjoying equal rights as men with liberty to choose their husbands in open “Svayambars” The respect enjoyed by woman of that time could be gauged from the verse” Yater Nariasye Pujante, Ramte Tater Devita (God reside at places where women are worshiped)” No religious ceremony by man was complete without participation of his wife and Rama had to get statue of Sita made to carry on with ceremonies for Ashawmegh Yagna. But process of down grading & enslaving woman had set in. Enslaving of women started in the later Vedic period, when Hindu Law Givers like Manu although, he too was born out of a mother ( woman ) , codified in his book Manu Smiriti as” It is the very nature of woman to corrupt men Verse 2(213 ) ; woman has no right to acquire property Verse 8 (416 ); Rules like serving husbands faithfully even, if he is devoid of any good qualities verse 154 (5); a girl, a young woman, or even an old woman should not do anything independently, even in her own house.Verse147 (5). A widow should be long suffering, until death, self-restrained, and chaste (Abstain re marring) verse158 (5)” She should obey her husband while he is alive and not violate her vow to him when he is dead151(5) Shankarcharya of Kerela ( 9th Century AD ) proclaimed “A woman is a sure gate of hell & she is poison in the disguise of nectar”. In India so called Golden rule of Gupta dynasty kings proved worst period for women, when Brahmanical Rules & dogmas ,codified against women were got strictly
enforced . The system started for keeping unmarried girls/ women in temples “DevDasi” for the service including sexual abuse by the priest in the name of God .Polygamy, Child marriage, illiteracy for women and discrimination on Sex, besides caste creed became order of the day.
Objectives, Methods and Materials: The present paper is an endeavour to highlight Dr. Ambedkar’s view on women rights and problems in India and the relevancy of his ideas in present political and social scenario of India. Secondary data collected from internet, newspapers, published papers, books and speeches delivered by Dr. Ambedkar in Parliament, various conferences and meetings in pre and post independent India.
Analysis and Discussion: Dr. Babasaheb Ambedkar's approach to women's empowerment was entirely different from other social reformers like Mahatma Jyotiba Phule, Rajaram Mohan Roy, Ishwar Chandra Vidyasagar and Mahatma Gandhi who tried to reform the Hindu Society of certain outdated customs and practices without questioning the hierarchical social order. Through its issues he put due stress on the gender equality and the need for education and exposed the problems of the depressed as well as women. The encouragement of Dr. Ambedkar to empower women to speak boldly was seen when Radhabai Vadale addressed a press conference in 1931. He strongly advocated for family planning measures for women in Bombay Legislative Assembly. Dr. Babasaheb spent his life for the betterment of women. Ambedkar created awareness among poor, illiterate women and inspired them to fight
against the unjust and social practices like child marriages and devdasi system. He believed that society should be based on reason and not on atrocious tradition of caste system therefore, in order to reconstruct Hindu Society along modern democratic ideas of liberty, equality and fraternity. Constitutional Provisions: Dr.Ambedkar worked with, dedication, zeal & conviction for the betterment of women on becoming Chairman of Constitution Drafting Committee & First Law Minister of Independent Indian. He gave India a living & organic Constitution, enshrining in it all those conditions which are necessary to promote fraternity among all citizens of free India, including women. Discrimination on the basis of caste, religion, sex, creed, place of birth was codified as illegal acts under the Statute Book. The Indian Constitution provides for Equality before Law( Art.14 ) , the State shall not discriminate any citizen on the grounds of , religion, caste, race, sex , place of birth or any of them ( Art 15 ), equal opportunities to all citizens in matters relating to employment or appointment under the State ( Art16 ), equal pay to all for equal work for both men & women( Art.39d ) right to work , to education and public assistance in certain cases ( Art 41 ), Provision of just and human conditions of work and maternity relief (Art 42) , Provision of uniform Civil Code to all the citizens throughout the Indian Territory (Art 44). Dr. Ambedkar by his scholarly arguments in framing/ debating Indian Constitution get put his seal of equality for women by getting them right of vote to equalize her position in running the State affairs. Hindu Code Bill :- To strike last nail in the coffin of discrimination against Indian women. Dr Ambedkar raised a new battle cry by finally submitting modified and
revised Hindu Code bill to Constituent assembly in October 1948, which was under consideration since 1941 this gave a great shock to the reactionary opponents. But elite persons supported it as Justice Gajenderagadkar, an imminent Sanskrit Scholar, jurist & Judge of the Bombay High Court said, “If Dr Ambedkar gives us Hindu Code Bill, his achievement would go down in history as a very eloquent piece of poetic justice indeed”. The discussion on this historic Bill by the Modern Manu began on Feb.5, 1951 in the Parliament and continued for three days, when its consideration was postponed to next session in Sept.,1951. Pt Nehru promised for the passage of the Bill and said that, if, the Hindu Code bill was not passed he along with his Cabinet of Ministers shall resign. But it is reported that even Dr Rajindra Prasad (Then President of India), a devote Brahmin, said, that, if, the Bill was passed he shall resign. Patel was not in favour of even its consideration, not to speak of passing of the Hindu Code Bill. It was decided by the Congress Party to take it up on Sept., 17, 1951, but only the first part of the Bill “Marriage & Divorce” and other clauses to be taken later. Elaborate security arrangements were made in & around Parliament, as opponents of the Bill, were gearing up for trouble. During discussion Dr. Shayama Prashad Mookerjee said “The Hindu Code Bill would shatter the magnificent structure of Hindu culture---.” The tactics of long speeches to delay the passage of the Bill was resorted to by the members opposed to the Bill. All objections raised against the Bill, during debates were replied ably by the Law Minister, but even the” Marriage & Divorce” Bill could not be completed, and the rest of the Hindu Code Bill was never taken up. The Hindu Code Bill was let down in the tragic manner and in the
words of Dr. Ambedkar “It was killed and buried, unwept and unsung after four clauses were passed”. Even Nehru did not honor his word of full support for passage of the Bill. The four clauses of the Bill, which were adopted by the House on 25 Sept, 1951, strengthened the position of the women in the society. The four clauses passed were incorporated in the Hindu Code Bill, these were I) The Hindu marriage Act,1955 II) The Hindu succession Act,1956 III) The Hindu Minority and guardianship Act1956 IV) The adoption & maintenance Act 1956 The First Union Law Minister was disappointed due to non-passage of the Hindu Code Bill, as was conceived by him and promised support by Pt. Nehru. So Dr Ambedkar created history of sorts in sacrificing his Cabinet Law Ministry for the just cause of women by resigning on Sept., 27, 1951 as a matter of protest. An example of supreme sacrifice for women liberation was created in not only Indian but world history. Although Dr Ambedkar could not succeed in getting passed the full Hindu Code Bill, he successfully put the ball rolling & laid the foundation of equality for the women of India in all spheres of life. Women can now have custody of child, no marriage before age of 18 years, Provision of alimony (maintenance allowance from husband on getting legally separation), Widow can now adopt a child, rights over parental property ,a uniform scheme for succession to the property of a Hindu female who dies intestate ( not having made a will ), Mother can change guardian of minor by will, and many more rights due to the relentless efforts of Dr Ambedkar. Due to Dr. Ambedkar efforts the women are now holding high positions of authority in all
fields including, Engineering, Medical, Education including Higher Education; Army, Air Force, Aviation, Navy. Police, Administration. Politics; Foreign Services, Industry & Trade. India was proud to send in Space Indian Woman Kalpana Chawla. Installing Miss Mayawati a Dalit woman as Chief Minister besides other women CM’s, Mrs Indra Gandhi as Prime Minister of India & now Her Excellency Madam Pratibha Singh Patil is President of Indian Union as per the equal rights granted by our Constitution. Madam Sonia Gandhi is chairperson of one of the ruling National Parties, Late J. Jayalalithaa Madam, Mamta Banerji are the proud Chief Ministers in India, where at one time woman was equated with the man’s shoe. With the proposed amendment to Art.243D of Indian Constitution, India shall have 50 percent share of women in Panchayati Raj with nearly ten lacs and forty thousand women force. Already 15th Lok Sabha have 59 Women members (10.82%), which shall be raised three fold in the next Parliament with the passing of the proposed Women’s Reservation Bill, for which ruling party is committed . However adequate representation to deprived castes women in Parliament and other elected bodies is a distant dream. Dalit women are suffering on two fronts of castes and sex. (Bijay Barnaval-2014) and his mission was to challenge the ideological foundations of graded system of caste hierarchy that denied equality, freedom and human dignity to women in Hindu Society. (Mahindra Godbole). He suggested in “The Annihilation of Caste System”, that Hindu mind should be purged from the thraldom of the Shastra. Dr. Babasaheb Ambedkar's perception on Women's problem emphasized on women's right to education, right to property, involvement in the political process, gender equality which resembled with the global feminist
demand (Sanjeev Kumar-2015). He started his movement in 1920 and believed in the strength of women and their role in the process of Social reform and progress of the society which can be achieved by accelerating male educations persuaded side by side with female education. To strengthen his movement and to raise the voice for liberation of women and promoting the need for women's education he started his owned newspaper MookNayak in 1920 and Bahishkrit Bharat 1927) to upgrade the social status and to motivate women to participate in social reform movements against social evils and demanded for their socio-economic rights as the societal positioning of the women were not par with men and were deprived from the basic rights, and were equated to animals and put to the lowest rug of humanity (S Mohammad-2013) Dr Babasaheb was a great believer of women's organization and in their strength of improving the condition of the society and in his movement of 1920 as women actively participated and started acquiring confidence to voice their issue on various platforms by participating in satyagrahas and setting up women's association for untouchable women to spread education and awareness (Vijay More-2011) In 1927 after getting nominated as a member of Bombay Legislative Council Dr. Babasaheb urged the need to recognize the dignity of women and supported maternity benefit bill for women labourers. His stand and argument was�. It is in the interest of the nation that the mother ought to get certain amount of rest during the pre-natal period and also subsequently and the principle of the bill is based entirely on that principle, “ That being so sir, I am bound to admit that the burden of this ought to be largely borne by the Government, I am prepared to admit this fact because of the conservation of the
people's welfare is the primary concern of the Government, And in every country, you will find that the Government has been subjected to a certain amount of charge with regards to maternity benefit ( Kavita Kait 2013 ) In the same year in March 1927, Dr. Babasaheb launched Mahad Satyagrahas in this historic march thousands of Men/Women were accompanied to assert their rights to take water from Chowder tank at Mahad. The movement was to liberate society from out worn traditions and evil customs imposed ruthlessly and upheld religiously by a vast society upto its weaker and helpless constituent and to restore human rights and dignity to them (Bharati 1992) Dr. Babasaheb Ambedkar made a bonfire of Manusmriti in presence of more than fifty women in the conference of depressed classes held at Mahad on 25th December 1927. At the end of the conference he addressed about three thousand women in a meeting which was first of its kind in modern India and urged them to dress well and live a clean life, do not feed spouse and sons if they are drunk, send your children to schools. Education is necessary for females as it is for males. Dr. Babasaheb Ambedkar the principal architect of the Indian constitution and as an emancipator of the poor and deprived. He was not only crusader against the caste system and a valiant fighter for the cause of the down trodden but also an elder statesman and a National Leader. Dr. Babasaheb was the beacon of light for the millions of depressed, oppressed and exploited people of India. Dr. Babasaheb's mission in his life was to challenge the ideological foundation of graded system of caste hierarchy that denied equality, freedom and human dignity to woman in Hindu Society, but his drown documents as the living documents i.e. Indian constitution brings the equality by the rule
of law in this nation. The paper gives closer and analytical insights into the thoughts of Dr. Babasaheb so as to appreciate his ideological basis of political, economic and social justice towards empowerment of the women in Indian Society. The women's association was established in January 1928 and Ramabai,Dr. Babasaheb wife as its president. Along with the depressed classes conference in Nagpur in 1930 women also had their separate conference. (Vijay More-2011) In the Kalaram temple entry satyagrahas at Nasik in 1930, five hundred women participated and many of them were arrested along with men and ill treated in jails. The encouragement of Babasaheb to empower women to speak boldly was seen when Radhabai Vadale addressed a press conference in 1931. She said “It is been to die a hundred times than live a life full of humiliation. We will sacrifice our lives but we will win our rights. The credit for this self-respect and firm determinations of women goes to Dr. Babasaheb. (Singariya-2014) Dr Babasaheb believed in the strength of women and their roles in the process of social reforms. The historic Mahad satyagrahas witnessed participation of three hundred women along with their male counterparts. Addressing another meeting of about 3000 women, Dr. Babasaheb said, I measure the progress of community by the degree of progress which women had achieved. Let every girl who marries stand by her husband, claim to be her husband's friend and equal and refuse to be his slave. I am sure if you follow this advice you will bring honor and glory to yourselves. The credit for inculcation self-respect and firm determination in women goes to Dr. Babasaheb (Vaisali Dhanvijay-2012) He strongly advocated for family planning measures for women in Bombay
Legislative Assembly. In 1942 being a labor minister of executive council of Governor General introduced a maternity benefit bills and provided several provisions in the constitution for projecting the welfare and civil rights of the women. The presence of 25,000 women in All Indian Dalit Mahila Conference on 20th July 1942 pleased Dr. Babasaheb with their awakening activities. Gaining inspiration from Dr. Babasaheb many women wrote on various topics like planning Buddhist philosophy, plays, and autobiographies also participated in satyagrahas. Tulsabai Bansode started a newspaper this was the awareness created among poor, illiterate women and inspired them to fight against the unjust social practices like child marriages and devdasi system. (V.More-2011). Dr. Babasaheb spent his life into for the betterment of women even involved in bad practices and professionals like prostitutions. The greatest example of it was seen in Kamathipura a David, mediator working in brothel left profession persuaded by the thoughts and teaching of Dr. Babasaheb and looked the entire prostitute to give up their profession and lead the life of honor. (Sanjeev Kumar-2015) while addressing in conference to women Dr. Babasaheb could easily communicate with them as a homely person and conversion. He evoked of women in the following words,� Never wear such clothes which will degrade our personality and character. Avoid wearing the jewellary on your body everywhere. It is not fare to make hole on nose and wear 'nath'. In this he condemned all the bad traditions, habits and ways of life which made life difficult and complex. And to the surprise, even the illiterate women followed this advice from the bottom of their heart. Dr. Babasaheb emphasis was on reconstruction of the Hindu Society on the basis of equality rather than the social
reforms initiated or Arya Samaj because their attempt were limited only to the upper strata of the society. His indepth study of Smritis and shastras and his experience from the response of upper castes during the temple entry movement crystallized his conclusion on Hindu philosophy and society. In Manu Smriti, Manu not only shows contempt for women but goes on to degrade them as slaves devoid of intellect: denies them the right of education and right to property: and forbids them from performing sacrifices. (Jitendra Shinde.2012) protecting the welfare and civil rights of women and introduced Hindi code Bill in the parliament and highlighted the issues about women's property right. About Muslim women Purdah (veil) system, religious conversions and legal rights for Muslim women. In short, along with the depressed class women, his thoughts for emancipation of all the women are expressed with same allegiance alary and constitution of India, being India's first law minister and chairman of drafting committee of the constituent assembly, Dr. Babasaheb thought it appropriates rather his duty to free women from the age old thraldom by reforming the social laws created by Manu. He therefore took initiative to draft and introduce the Hindu code bill in the constituent Assembly.To secure this goal, Dr Babasaheb Ambedkar has given equal status to women on par with men by providing many provisions in the Indian constitution. To him, sexual discrimination should be root out from the society and everybody should get equal opportunity in the society. (Ahir, D.C 1990) The Preamble of Indian constitution guarantees social and economic justice to women and that is because of Ambedkar contribution. In the preamble it is mentioned: i) Social, economic and political justice, ii) Freedom of thought,
expression, belief, faith and worship, iii) Equality of status and opportunity and iv) Fraternity assuring dignity of the individual and national unity to all the citizens of India without any discrimination of caste, creed or sex. In Indian Constitution, there are few articles exist that help the women of Indian society to improve their position and to compete with their male counterparts. For example Article14 – All are equal in the eyes of law and equally protected by the law. It means equal rights and opportunities in political, economic and social spheres. Article 15 prohibits discrimination on the ground of sex. Article 15(3) enables positive discrimination in favour of women. Article 16 mentions there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office without any discrimination on the basis of religion, caste, creed and sex. Article 24 prohibits the employment of children below the age of 14 years in factories, mines or in any other hazardous employment. Article 39 and 39(d) state Equal means of livelihood and equal pay for equal work. As per article 41 the state shall guarantee within its economic limits to all the citizens, the right to work, to education and public assistance in certain cases. Article 42 the state makes provision for Human conditions of work and maternity relief. Under article 44, the state provides a uniform Civil Code to all the citizens throughout the territory of India. Article 46 – The state to promote with special care, the educational and economic interests of weaker section of people and to protect them from social injustice and all forms of exploitation. Article 47 – The state to raise the level of nutrition and standard of living of its people and the improvement of public health and so on. Article 51 (A) (C) – Fundamental duties to renounce practices, derogatory to the
dignity of women. Article 243D (3), 243T (3) & 243R (4) provides for allocation of seats in the Panchayati Raj System. Ambedkar not only ascertain constitutional guarantees to women but also introduced and got passed four Acts which strengthened the position of women in the society. These were incorporated in the Hindu Code Bill. These are: i) The Hindu Marriage Act, 1955. ii) The Hindu Succession Act, 1956. iii) The Hindu Minority and Guardianship Act, 1956. iv) The Adoption and Maintenance Act, 1956. If we look at the provisions of those Acts, we can easily make out that Ambedkar was a great thinker of women rights and emancipation. Provisions that have been enshrined in the Acts are as follows: The Hindu Marriage Act, 1955 The Hindu Marriage Act, 1955 was amended in 1976 made the following provisions for women: 1. The legitimization of illegitimate children (Sec.16). 2. Punishment-bigamy (Sec.26). 3. Custody of children (Sec. 26). 4. Marriageable age of females raised to 18 years. 5. Provision for alimony (Sec. 25). The Act abolishes the difference between a maiden and a widow. The Hindu Succession Act, 1956 2 International Education & Research Journal [IERJ] This Act contains the following provisions for women: 1. A widow has a right to adopt a son or a daughter which was not there in the Hindu Law. 2. It also provided an opportunity to be independent and dispose of her property by will as she wishes and desires (Sec. 14). 3. A uniform scheme of succession to the property of a Hindu female, who dies, intestate after commencement of the Act, was made in Section 15. Previously under the uncodified law the succession to stridhan varied according to the marital staff woman. The Hindus on Minority and Guardianship Act, 1956: Following provisions are come under the purview of
this Act: 1. The mother is empowered to change the guardian, appointed by the father and may appoint a new guardian by will. 2. The father's right to appoint a guardian for the minor by will during the life time of the minor's mother is prohibited under this Act. The Adoption and Maintenance Act, 1956: This Act has the following provisions: 1. This Act accepts adoption of a male and a female child without any difference, whereas under the uncodified law a daughter could not be adopted. 2. This Acts permits a wife to adopt a child on her own right even during her husband's life time. She had no such right prior to this enactment. 3. In the uncodified law a spinster or a widow had no right to adopt whereas this Act grants them the right to adopt. 4. Under the old Hindu Law a wife need not be consulted while adopting a child or while giving a child for adoption, whereas this Act made it essential to consult her in both the cases. 5. Section 11 lays down that, a father should adopt a daughter atleast 21 years younger to him. Sanjeev Kumar-2015, More, Vijay-2011, Kavita Kait2013)
The Preamble of the Constitution of India proclaims to resolve of WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity
of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 19496, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Article 14, 15, 15(3), 16, 39, 42, 51 A (e), of the Constitution give enough scope of the protection of women from any sort of discrimination. In the year 1976, Article 39A was inserted to remind the state to ensure that the operation of legal system promotes justice on the basis of equal opportunity and to provide for free legal aid.
Article 243 D (3)16, 243T (3)17 and 243R (4)18 provides for allocation of seats in the Panchayati Raj System. There are number of protective laws in India to prevent exploitation of women. To quote few, Sati Prevention Act,198719, Dowry Prohibition Act,196120, The Family courts Act,198421, Protection of Human Right Act,199322, The Maternity Benefit Act196123, Immoral traffic(Prevention) Act195624, The Child Marriage Restraint Act,192925,
Dr. Ambedkar tried an adequate inclusion of women’s rights in the political vocabulary and constitution of India. i.e.,
The Pre- Natal Diagnostic Technique(Regulation and Prevention of Misuse)Act,199426,
Article14-Equal rights and opportunities in political, economic and social spheres7.
The legal Practitioners(women) Act,192327, now The Protection of Women from Domestic Violence Act 200528.
Article15 -Prohibits discrimination on the ground of sex8. Article 15(3) enables affirmative discrimination in favour of women. Article 25 of the Indian Constitution permits all the freedom. Article3910-Equal means of livelihood and equal pay for equal work. Article 4211- Just and human conditions of work and maternity relief. Article 4612-The state to promote with special care, the educational and economic interests of the weaker section of the people and to protect them from social injustice and all forms of exploitation. Article 4713-The state to raise the level of nutrition and the standard of living of its people and the improvement of public health and so on. Article 51(A)14 (c)15 -Fundamental duties to renounce practices, derogatory to the dignity of women.
The reforms introduced by Dr. Ambedkar through "Hindu Code-bill"29 have been adhered to and have been accepted by and large. He, by codifying Hindu Law in respect of marriage30, divorce and succession31, rationalized and restored the dignity to women. Prior to the Hindu Succession Act, 195632 and Hindu Marriage Act, 195533, the Hindu Law was un-codified in a large measure, though Hindu Women's Right to Property Act, 193734 was the subject of legislative intervention. The Sharda Act35 is also worth mentioning. It has set the seal of authority upon that piece of social reforms, which the heads of orthodoxy were, imposing and impending. In Hindu Code Bill, the principles of codification covered: (i) Right to property, (ii) Order of succession to property, (iii) Maintenance, marriage, divorce, adoption, minority and guardianship.
The Bill was a part of social engineering. It was really a first step towards the recognition and empowerment of women in India. Under these revolutionary measures, a woman will have property in her own right and be able to dispose of her property. The Hindu Code Bill introduced by Dr. B. R. Ambedkar in the Constituent Assembly on 11thApril, 1947. A debate on this bill continued for more than four years and still remains inconclusive. In the words of Dr. Ambedkar, it was killed and died unset and unsung. Here once again, the orthodoxy prevailed upon the reforms. He felt that the then government led by Pt. Jawaharlal Nehru was not eager to clear the Hindu Code Bill. He, therefore, tendered his resignation but continued to participate in the Parliamentary debates on the request of the Prime Minister. Sharp criticism of this Bill in and outside Parliament led many to believe that it might inflict heavy damages on the Hindu society. Conclusion It may be noted that Dr.Ambedkar was not against Religions, he was against unreligious acts in the name of religion, by the orthodox clergies and he always opposed the unreligious act of differentiating between humans (woman & Child included) on the basis of castes, sects, sex, color or place/ status at birth. Dr. Ambedkar said “If God does not recognize man or woman by caste or place of birth, the man made Orthodox and superstitious religions cannot/ should not do so.” Dr. Ambedkar’s heart can be read for women welfare from his following saying “Unity is meaningless without the accompaniment of women. Education is fruitless without educated women, and agitation is incomplete without the strength of women”.
Dr Babasaheb Ambedkar was a path-maker of all the women irrespective of religion, caste, creed, gender and brought a new trend for uprising the women through his thoughts and beliefs. Along with women all the people of India should be proud for the tremendous and everlasting steps for the empowerment of women in Indian society carried by Dr Babasaheb Ambedkar. He also talked about the Muslim women about wearing veil, their religious traditions and marriages and fought against all kinds of discrimination against women throughout his whole life. But still discrimination against women in Indian society is overlooked. So it is a duty of every Indian to fulfill the dreams of Ambedkar for a better life world of women. It may also be mentioned here that the term, ”Social Justice” will not be exercised properly if the people of India should not be able to change their attitudes specially towards women, SCs, STs and other weaker section of the society. In the era of globalization many Multi National Companies (MNC) are searching for merit for the smooth running of the functions of their companies. In that context, to prevail social justice in the society, the companies should work within the constitutional framework and the concerned state government or central government should make rules, regulation for the engagement and involvement of people from different categories so as to ensure social justice. So that society would be based on equality and equal opportunity and the dreams of Dr Babasaheb Ambedkar would be fulfilled. Keeping in mind the importance of Ambedkar's views towards Indian society, the then prime minister of India Pandit Jawaharlal Nehru said, “Dr. Babasaheb Ambedkar was a symbol of revolt against all oppressive features of Hindu society”. In present scenario the Indian women have progressed a lot in various parts of their life although they are still suffering from various social evils like dowry, eve teasing, rape etc. It is a fact that in the glorious development of Indian society,
the Indian women have march forward to the developmental process and somewhere treated equally with their male counterparts but it is yet to be realized by the people of India that women should have given the equal rights and opportunity with men so as to establish a shining India where women can live freely and equally irrespective of religion, caste, creed, gender etc. I would like to conclude here by quoting Dr. B.R. Ambedkar's slogan on Unity, Education and Agitation. “Unity is meaningless without the accompaniment of women. Education is fruitless without educated women, and Agitation is incomplete without the strength of women”.
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