Hindu Code Bill Research Articles

Jawaharlal Nehru and The Hindu code bill

Jawaharlal Nehru and The Hindu code bill

THE INDIGENOUS SUBJECT IN LAW: AT THE INTERSECTION OF THE CARTESIAN SUBJECTIVITY AND THE RULE

This paper addresses a key question raised by the tension between the subject of normative law and indigenous, collective systems. Within the framework of the Lacanian psychoanalysis, the author explores Cartesian specificity of a legal subject. He argues that structural nature of that legal construct not only affects an individual ontologically but also reorients the dialectics inherent in legal dogmatism. Following Baudrillardian thought, it is assumed in the paper that the total opposition to normative law is not the absence of law but rather the Rule. The Rule is a concept engaging the individual into dialectics of a game and at the same time ruling out any sense of inherently legal transgression. However, the context of indigenous systems based on the Rule, besides amplifying an alienating effect of the individualization of responsibility, also explains the incongruity of normative law in some cultural contexts. The failure to integrate indigenous, traditional and local legal systems into the post-colonial normative discourse is just one of many illustrations of this. As an exemplary case, the author evokes injustice (in the Lyotardian sense) resulting from litigation simultaneously based both on Brahmanical marriage rules and the Hindu Code Bill. In its final part, the text summarises the impasses of the legal dialogue with indigenous rules and the ways of emancipation for an individual imbedded in the Cartesian subjectivity, which are inspired by transcultural encounters.

Role of Dr. B R Ambedkar in Indian Woman Empowerment

Dr. Ambedkar, a dedicated warrior and a profound scholar, has made major contributions to society's pursuit of Liberty, Equality, and Fraternity. He was the first Indian to break down obstacles to women's growth in India. By codifying the common Civil Code for Hindus and other parts of Indian society, he created the groundwork for more tangible and earnest efforts. The purpose of this article is to illustrate Dr. Ambedkar's perspective on women's issues in pre- and post-independence India, as well as its relevance in the current situation. In 1920, Dr. Ambedkar launched his movement. He began ferocious propaganda against the Hindu social system, launching the journals Mook Nayak in 1920 and Bahiskrit Bharat in 1927 to that end.Through its topics, he emphasised gender equality and the need of education, as well as the difficulties of the depressed and women. Dr. Ambedkar's support to enable women to speak fearlessly was seen when RadhabaiVadale addressed a news conference in 1931. In the Bombay Legislative Assembly, he was an outspoken supporter of family planning legislation for women. Dr. Babasaheb dedicated his life to the welfare of women, even if they were involved in undesirable habits and professions such as prostitution. Ambedkar raised awareness among impoverished, uneducated women and motivated them to combat unfair and societal practises like as child marriage and the devadasi system. Dr. Ambedkar attempted to adequately include women's rights into India's political discourse and constitution. In assembly, he persisted on the Hindu Code bill, offering fundamental adjustments and revisions. He also pushed on and summoned all legislative members to assist in passing the bill in parliament. He eventually quit for the same reason. As a result, his genuine interest and compassion for the whole development of women are shown in every statement and word.

DR. BHIM RAO AMBEDKAR’S ADVOCACY OF WOMEN RIGHTS

Dr. Ambedkar, who was a strong fighter and a wise scholar, has done a lot to move society toward Liberty, Equality, and Brotherhood. He was the first Indian to break down barriers that kept women from getting ahead in India. By writing down the common Civil Code for Hindus and other parts of Indian society, he laid the groundwork for real and honest work. In this paper, we try to show what Dr. Ambedkar thought about women's problems in India before and after it became independent, as well as how they still matter today. Dr. Ambedkar started his movement in 1920. He made a lot of noise about how bad the Hindu social order was. In 1920, he started the journal Mook Nayak, and in 1927, he started Bahiskrit Bharat. Through its topics, he drew attention to the problems of women and the need for education, as well as the problems of the depressed. Radhabai Vadale's speech at a press conference in 1931 showed how Dr. Ambedkar tried to give women the confidence to speak up. In the Bombay Legislative Assembly, he pushed hard for measures to help women plan their families. Dr. Babasaheb worked his whole life to help women, even those who were involved in bad things like prostitution. Ambedkar made poor, illiterate women aware of their rights and gave them the motivation to fight against unfair social practises like child marriage and the devdasi system. Dr. Ambedkar tried to make sure that women's rights were a part of India's political language and constitution. He insisted that the Hindu Code bill include the most important changes and improvements. He also insisted and asked every member of parliament to help get the bill passed in parliament. In the end, he quit for the same reason. So, every sentence and word he says shows how much he cares about women and wants them to grow in every way.

Gender Bias and Empowerment

India is emerging as one of the largest democracies in the world today. However, it is an undeniable fact that without equality and social justice there can be no democracy. Equality means a person-to-person relationship based on freedom and dignity. However as much we may talk of these, equality, between men and women still seems a far possibility. Abolition of sati, abolition of dowry, child marriages, the education of girl child, the eradication of illiteracy among women, and so on were the issues the sociologists were concerned with when it came to lift women from the morass of self esteem. Disparity in wages between employed men and women, discrimination and harassment were other issues. The women’s movements, the social organizations and the NGOs had their hands full in interacting with the government to pass protective legislations. Family courts were established, the Hindu Code Bill was passed. The constitution itself declared “No discrimination on grounds of sex,’ and women's representation in the village Panchayats in India is now a reality. Yet much more remains to the accomplished.

Intergenerational reforms in women’s right to inheritance in India

The evolution after the Hindu Code Bill, women's property ownership in India has improved. Women's position in old custom and their evolution in modern law from the colonial period to the Hindu Code Bill are the study's main focus areas. In ancient legal codes, such as Dharmashastras, Manusmriti, and Arthashastra, women were denied property rights and she always is dependent on their father, husband, or son. As per our constitution, every human being has the right to equitable treatment. Equal property rights for men and women are important for reducing the gender gap, to empower women in order to promote social and economic development and to ensure gender and social justice within the framework of Personal Laws and inform women about the areas of legislation that are most likely to affect and enhance their lives. So the focus of the article is on women's inheritance rights in old Indian laws and their development in modern laws with help of international conventions. As the status of women in India improves economically and socially, there is a need for more development and a single or uniform property rights for every sect of Indian females.

B. R. Ambedkar: The Messiah and Emancipator of Indian Women

Dr Bhimrao Ramji Ambedkar was not only the father of the Indian Constitution or a vociferous critique of caste and untouchability but he was also a staunch supporter of women’s rights, their upliftment and emancipation. He strongly criticized the ancient lawgiver Manu and the Manusmrirti or Manav Dharma Shastra for showing contempt towards women and degrading them as slaves who are devoid of intellect. Manu denied women the right to chant Vedas, the right to education and the right to property. Ambedkar requested Indian women not to abide by the Manusmriti and to openly defy the laws of Manu. In order to ensure gender equality and the emancipation and progress of Indian women, he incorporated several articles in the Indian Constitution. As the first law minister of independent India, he introduced the Hindu Code Bill to safeguard the rights of Hindu women. It was due to his tireless efforts that the Constitution of independent India today incorporates several legislations to ensure the protection of women.

Hindu Code Bill and Empowerment of Women

Hindu Code Bill and Empowerment of Women

Political resistance to social reforms: The case of uniform civil code in India

Under the Directive Principles of State Policy in the Indian Constitution, Article 44 directs the State that “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.” Apart from this, admissible comments have also been made from time to time by various courts of India. But the Uniform Civil Code demanded for India in the early years of Independence hasn’t implemented till date. The Parliament which passed the Hindu Code Bill in 1955-56 as a social reform in Hindu society, the same institution has not been able to implement the Uniform Civil Code till date. Everyone has their own questions and their own arguments on different perspectives of consensus and disagreement on the subject, which has turned it into more of a controversy than an attempt of social reform. In the guise of this controversy, the secular nature of the Indian state has not only questioned but has also been seen as selective secularism or pseudo-secularism.

The Advent of Ambedkar in the Sphere of Indian Women Question

Dr. Bhimrao Ambedkar was a feminist at heart. Contrary to popular perception that he championed the cause of Dalits and dalit women, Babasaheb, as Ambedkar is fondly referred to, worked as a socio-political advocate for Dalit as well as upper caste Indian women concomitantly. In his quest to ensure freedom, equality, and individuality of Indian women, he resorted to the legalized mechanism and proposed sweeping constitutional provisions, famous as the Hindu code Bill, placing women at par with men in matters of inheritance and allowing them freedom to marry outside their caste. Contemplating the predicament and marginalized position of Indian women, he posited that caste and gender are intertwined. To maintain the system of caste, endogamy is a necessary condition that has an immense bearing on women. The imposition of endogamy was made compulsory by the Brahminical hierarchy, which was endorsed by Hindu religious scriptures to ensure women’s sustained subjectivity within the same caste groups or varnas. Ironically, the Bill, in Ambedkar’s own words was ‘killed and died unused and unsung’ following which he resigned from then Prime Minister Jawaharlal Nehru’s cabinet in 1951 but the same bill was passed as four different bills between 1955 and 1956 during Nehru’s second term as prime minister (Elancheran, 2018). Unfortunately, Ambedkar’s contribution to the Indian women’s struggle has not been given its due. This paper attempts to explode the myth of the golden age of Indian womanhood and critiques the role of women reformist organizations in nineteenth century India as well as Ambedkar’s yeoman service to Indian women that has largely remained unacknowledged in public discourse.
 
 
 Key Words: Ambedkar, Hindu Code Bill, Manusmriti, Indian Women, Dalit Women, Indian Feminism, Caste, Patriarchy

Trajectories of Women’s Property Rights in India: A Reading of the Hindu Code Bill

The right to property is especially sacrosanct since the state of financial deficit renders women’s condition very much pathetic in a patriarchal society. In order to get a clear picture of women’s property rights in a caste based patriarchal society like India, here, the Hindu Code Bill is taken into consideration as a major plot because the bill has a history of egalitarian dialogue and had been initiated as an effort to make an egalitarian structure, wherein women would be enjoying property rights as equal to men. This article deals with the trajectories of women’s property rights in India after the introduction of the Hindu Code Bill. So, the focus area of the study is on women’s rights in ancient Indian laws and their development in modern laws since the colonial period to the Hindu Code Bill.

Emancipating and Strengthening Indian Women: An Analysis of B. R. Ambedkar’s Contribution

A revolutionary figure, a pioneer of social justice and a true reformer, Dr B. R. Ambedkar’s role is significant in shaping the social, political and civic contours of India and fostering the advancement of the society in general and women in particular. His personal sufferings as a Dalit and his exposure to Western ideas and rational thinking built in him the confidence to challenge the orthodox Hindu social order and reconstruct the society along the ideas of equality, liberty, fraternity and respect for the dignity of all including the womenfolk. He held Manu responsible for all plight and agony of women. He also blamed the Hindu social order for assigning a stereotype role to women. He firmly believed that eradication of the iniquitous gender relations and elevating the status of women were the vital requirements of the process of social reconstruction that he aimed at. Therefore, he tirelessly fought for the inclusion of the rights of women in different spheres of life. He awakened in women the zeal to fight for social justice and their rights through his speeches, thoughts and reforms. His reformative measures came in the form of Hindu Code Bill to modernize the Hindu society which became unparalleled in its importance. Here is an attempt to develop an analytical framework to gauge his contribution as a fighter for women’s rights.

Negotiating Structural Inequalities in Post-independence India: The Case of Deserted Women and Widowhood in Indira Goswami’s Neel Kanthi Braja and A Saga of South Kamrup

The present article focuses on the plight of deserted women and widows in post-independence India, drawing its arguments from Indira Goswami’s novels Neel Kanthi Braja ( Shadow of Dark God 1986) and A Saga of South Kamrup (1993). It exposes the collusion between masculinity, patriarchy and national identity. While doing so, it not only interrogates the traditional concerns associated with wifehood and widowhood but also foregrounds the need to reclaim women’s bodies from becoming site and symbol for patriarchal and institutional control, especially as evident in the drafting of the Hindu Code Bill. It also seeks to privilege alternative modes of identifying relationships and concerns of women’s sexuality that may rest on mediation of lived experience and individual subjectivities so pertinent to ‘constructing new modes of politics and identity in post-independence India’ ( Sreenivas 2009 : 128).

Hindu Code Bill: Towards Liberation of Women

Multiple roles of maternity formed the core of the discourse surrounding the controversial Hindu Code Bill during 1941–1956. In the struggle to reach a social agreement on family laws for the majority Hindu community in modern India, the discourse in the public and legislative scope brought out the split social ethics on maternity in Indian society. The constructive phase of family law reforms also played an important role in the social formation of the identity of maternity. The current revitalization of the discussion on enacting a uniform civil code, which its proponents trust will give all oppressed women equal rights, manages the reality of the discrimination that Hindu women continue to face in spite of alterations in Hindu personal laws, including issues of maintenance and inheritance. Instead of consistency in law oppressed women need an accessible and affordable justice system. Gender equality often stands compromised in several personal laws in India, along with the history of legislature having a non-interfering attitude in altering inequitable personal laws, in order to avoid negotiating on their political vote banks, unless rebuked by the judiciary.

Hindu Code Bill Controversy and Women's Right

Hindu Code Bill Controversy and Women's Right

The Movement for Women’s Rights during the Indian National Movement

The Nationalist Movement not only brought women out of their homes, but also provided an opportunity for women to join hands together and to fight for their rights Many women organizations were formed in different parts of the country and three women organizations were ‘all-India’ in character with branches in different regions. In the early years of their formation, these organization campaigned for women’s right to education and political participation (right to vote and contest elections). By the 1930s they broadened their agenda to ask for reform in personal laws which ultimately led the government to appoint a committee in 1941headed by B.N. Rau to draft Hindu Code Bill.

Book Review: Debating Patriarchy: The Hindu Code Bill Controversy in India (1941–1956)

Chitra Sinha, Debating Patriarchy: The Hindu Code Bill Controversy in India (1941–1956), New Delhi: Oxford University Press, 2012, pp. 289, ₹750.

Struggle to Combat ‘Graded Inequality’ in India: Conflict Without Consensus

Dr. Ambedkar had adopted strategy to have ‘consensus compromise’ rather than blatant revolt, and an option for reformation than revolution and thus he was mostly the part of process in reformation rather than agitation or complaining from outside. This approach reflects in his movement against ‘graded inequality’. Probably, his participation in RTC, forced consent in ‘Poona Pact’, acceptance as ‘Law Minister’ in Congress Govt. reveals this strategy. However, the ‘Hindu Code Bill’ was last an attempt of Dr. Ambedkar to reform ‘graded inequality’ of Hinduism from within. Since from the beginning of his political career, Dr. Ambedkar was criticizing Hinduism for inbuilt inequality, but tried to bring reformation. There occurred the incidences where his movement had reached at crossroad and in clear conflict with two Congress leaders. First during Poona-pact which ended with ‘Consensus compromise’, and second ‘Hindu Code Bill’ which ended with frustration of ‘fractured faith’ of Dr. Ambedkar. The author has attempted to analyze the struggle of Dr. Ambedkar against the ‘graded inequality’ with specific reference to the Poona-Pact & Hindu code Bill. It has further examine with his strategic approach he adopted in Poona-pact of reaching to ‘consensus compromise’ and reformation from within, and finally adopted in Hindu Code Bill to have non-optional ‘conversion’ and reformation from outside the system. His movement was at crossroad with other eminent the then leaders in both these incidences, but in former, the outcome was not much harsh and adverse but in latter, it was too harsh to rectify the loss in reaching the common consensus of eliminating ‘graded inequality’. The author has also tried to make appraisal of impact of Hindu code Bill controversy on the further of struggle against the ‘graded inequality’ in Hinduisms and Indian politics. The conclusion in this respect is self-explanatory.

Ambedkar and the Constitution of India: A Deweyan Experiment

This essay explores democratic ethos championed by Dewey in context of Indian constitution. Ambedkar, Chairman of Drafting Committee of Indian Constitution, studied with Dewey at Columbia University during 1913-16, and often credits Dewey for a lasting impression on his thinking. I focus on two examples of Ambedkar's efforts to exercise democratic experimentalism. The first is provision in Indian Constitution dealing with remedial treatment for disadvantaged citizens, variously called 'positive discrimination and compensatory discrimination'. The second is attempted passage of Hindu Code Bill in 1951 for comprehensive reform to clarify, standardize and streamline Hindu personal law. The Indian Constitution can be taken as a location where Deweyan robust sense of democracy is reflected in its aim for an inclusive, associated public space, in no small measure due to Ambedkar's Deweyan experiment.Mrs. Savita Ambedkar tells a touching story of Ambedkar happily imitating John Dewey's distinctive classroom mannerisms - thirty years after Ambedkar sat in Dewey's classes. It is impossible to find in Ambedkar's life story any hint of a living gum or a personality which dominated him, but here at least is a suggestion that he was fond of both Dewey philosopher and Dewey man.- Zelliot (2001,84)1. IntroductionThis paper explores theme of democratic experimentalism in context of Indian constitution - an important location given that India is most populous democracy of world today - through Dr. B. R. Ambedkar's involvement with it. From perspective of present volume, this exploration offers an important opportunity since Dewey's own writing on democracy has been argued to be somewhat thin in terms of clear delineation of its institutional implications. Further, as Simon points out in his essay in this volume, even in much of literature on Dewey's liberalism, the institutional implications of his work remain elusive (p. 5). What makes this project relevant is also fact that it allows us to explore democratic ethos championed by Dewey in context of Indian constitution. This is because Dr. B. R. Ambedkar, Chairman of Drafting Committee of Indian Constitution, studied with Dewey at Columbia University between 1913 and 1916 and often credits latter for having a lasting impression on his thinking.Given that Dewey's influence on Ambedkar's general thinking has remained understudied, my focusing only on context of Indian Constitution might seem misguided. I believe, however, that such a focus has two advantages. Such a focus would allow us to assess Mukherjee's claim that American neopragmatists like Stanley Fish, were they to pay attention to this student of Dewey's [viz., Ambedkar], would need to revise their contention that 'if pragmatism is true it has nothing to say to us; no politics follows from it or blocked by it; no morality attaches to it or is enjoined by it' (Mukheijee 2009, 348). If we are able to find a sustained engagement with ethos of pragmatism and Deweyan democratic experimentalism in at least some aspects of Indian Constitution, then that would seem to provide clear evidence for pragmatism's institutional and political impact. Further, those who have tried to explore Deweyan influences in Ambedkar's general thinking seem to have focused simply on those passages in Ambedkar's writings where he is referring to and/or acknowledging Dewey or explicitly drawing from his ideas. This approach has limited these scholars, Kadam and Mukheijee, for example, look at Dewey's Democracy and Education exclusively since most of Ambedkar's explicit and implicit Dewey quotes come from this work. I think this might limit us and therefore keep us from exploring Ambedkar's Deweyan influences to their fullest extent. This has also encouraged some of these Ambedkar scholars to argue how Dewey provided a 'different lens' - different from that of Orientalism - through which Ambedkar came to see world (Mukheijee 2009, 345). …

Hindu Code Bill Controversy: Missing the Mission

In his struggle for combating ‘graded inequality’, Dr. Ambedkar opted a strategy to remain the part of process in reformation rather than agitating or complaining from outside. Probably, the ‘Hindu Code Bill’ was last an attempt of Dr. Ambedkar to reform ‘graded inequality’ of Hinduism from within. Since from the beginning of his political career, Dr. Ambedkar was criticizing Hinduism for inbuilt inequality, but tried to bring reformation. There occurred the incidences where his movement had reached at crossroad and in clear conflict with two Congress leaders. First at Poona-pact with Mahatma Gandhi which ended with ‘Consensus compromise’, and second at ‘Hindu Code Bill’ with Pt. Jawaharlal Nehru which ended with ‘fractured faith’ of Dr. Ambedkar. The author has attempted to analyze the struggle of Dr. Ambedkar against the ‘graded inequality’ comparing the major two events of his campaign i.e., the Poona-Pact & Hindu Code Bill. It has further examine with his strategic approach he adopted in Poona-pact of reaching to ‘consensus compromise’ and remaining for transformation from within, and finally he forced to adopt in Hindu Code Bill controversy to ‘opt-out’ and have non-optional ‘conversion’ and reformation from outside the system. At both these incidences, his movement was at crossroad with other the then eminent leaders, but in former, the outcome was not much harsh and adverse but in latter, it was too harsh to rectify the loss in reaching the common consensus of eliminating ‘graded inequality’. The author has also tried to make appraisal of impact of Hindu code Bill controversy on the further of struggle against the ‘graded inequality’ in Hinduisms and Indian politics. The conclusions in this respect are self-explanatory.