Gender Discourses and the Making of the Indian Constitution

Abstract

Indian democracy was constituted after a long struggle for self- determination, which ultimately culminated in the making of a constitution for independent India. This article seeks to revisit gender discourses during the constituent assembly debates when women members were seeking for complete gender equality to be written into the constitution. The nationalist discourses on ‘Indian womanhood’ prevalent during the years of the freedom struggle were articulated and reflected in the debates and impacted the writing of the text of the constitution. The final text contains gender progressive provisions on which consensus had been achieved during the nationalist struggle but excludes explicit provisions that would have challenged the roots of patriarchal structures. Thus, while the nationalist movement provided a platform for women to organise for their rights, it also constrained the agenda of transformation.