sign in sign up
<<
Home , Amrit Kaur, Hansa Jivraj Mehta, Mehta, Nandshankar Mehta

ARCHIVE: BIOGRAPHICAL ESSAYS WOMEN POLITICIANS OF CONSTITUENT ASSEMBLY

HANSA JIVRAJ MEHTA (1897-1995)

After the Indian constitution was finally made; on November 22, 1949, just a few weeks before our ‘Samvidhan’ was formally adopted, each member of the Constituent Assembly gathered in the Parliament and shared snippets of the incredible journey they had while drafting the Constitution for what was going to be the biggest and the most diverse democracy in the world. In this gathering, a member from the Assam Province, Mr. Rohini Kumar Chaudhuri, in quite a distasteful spirit said, “We have in this constitution cow protection to some extent, but there is no provision at all for protection against cows…..We really need protection against women because in every sphere of life they are now trying to elbow us out. In the legislatures, in the embassies, in everything they try to elbow us out.” Not only was this a highly regressive statement, but it also clearly portrayed the fact that some men, due to their patriarchal mindset and the lack of belief in the capabilities of women; needless to say, stemming from their gender biases, had not taken the inclusion of women in the legislature and other aspects of the Indian socio- political life, in a positive temperament. However, the way the member put up his views, comparing women to ‘cows’ and how they were, yet, apparently, ‘elbowing men out’ had to be countered well. And perhaps, none could have done it better than this witty lady, an embodiment of intellect and an epitome of humility, who said, “The world would have thought very little of men if they had asked for protection against women in this constitution; I am very happy to see that the Constitution does not include that provision. Otherwise, men would have had to hide their faces before the world.”

That is for those who might not know much about her or perhaps, have never even heard of her.

EARLY LIFE AND CAREER:

Born in an affluent household, on the 3rd of July, 1897, in , Hansa was the daughter of Manubhai , the Dewan of Baroda and later Bikaner as well. He was a professor of Philosophy at the Baroda College and also a passionate supporter of promoting education amongst women. It was this strong desire to educate young girls that led him to start a girls’ high school and also ensure that his own daughters learned well. Hansa belonged to an upper caste family of well read individuals. One of her grandfathers was an administrator of East Company and insisted all his children receive modern education. Her paternal grandfather was a social reformer and author of the first Gujarati novel, ‘Karan Ghelo’. Due to her family’s inclination towards education, she was encouraged to pursue academics from early on. She received her early education from Baroda University in and later proceeded to London, to study sociology and journalism. On a self appointed mission she travelled to the US as an exchange student. She did so in order to coordinate with various American colleges interested in offering full scholarships to Indian women. Being a keen learner, she also wanted to study their educational and social institutions as well as systems, and was equally eager to get suggestions or advice regarding the establishment of women’s colleges in India based on the example of America’s colleges for women.

RETURN TO INDIA:

After completing her higher studies from the UK, Hansa decided to return back to her motherland, India and contribute towards the emancipation and betterment of its people. However, it was in London that she came in contact with , who later introduced her to Gandhi. She met in 1918,

while he was in Sabarmati Jail and it was a massive turning point in her life. This meeting left her “visibly moved”, as she later wrote in her book ‘Indian Woman’. Her encounters with people involved in India’s struggle for independence, especially women like Naidu, and of course, Mahatma Gandhi, influenced her to step into the country’s politics and thus, she joined the freedom struggle against the British.

She got involved in the Non-Cooperation and Swadeshi movements, organising protests against establishments that sold foreign-made goods, and courted arrest accordingly. Her mentor was Gandhi, on whose directions she participated in the picketing of liquor and foreign-goods shops.

DEFYING CASTE BARRIERS:

In 1924, she married , who had been Gandhi’s one-time physician and had served as the chief medical officer of Baroda. Jivraj Mehta later went on to become the dean of King Edward Memorial Hospital. The issue with their courtship was the difference between their castes, as Hansa was a and Jivraj a ‘Vaishya’ Mehta, a caste lower than hers. Her own father, despite being highly educated, was initially diffident to openly accept her relationship.

Nevertheless, she decided to marry the love of her life, much to the chagrin of her entire ‘upper caste’ community. Her recalcitrance led the people of her caste to berate her and blame it all on her English education and ‘modern’ upbringing. But such castigation could do nothing much to change her opinions about caste and the institution of marriage, which she believed had to lay on the edifice of ‘love’ and ‘mutual respect’ rather than on some social constructs like the

‘caste system’. It was finally the Maharaja of Baroda, Sayajirao Gaekwad III, who had to step in to convince Hansa’s father to bless the couple.

HANSA MEHTA’S ROLE IN THE FREEDOM STRUGGLE:

During the Civil Disobedience Movement, Hansa Mehta played an active role in mobilising women and conducting mass activities like Satyagrahas, picketing, demonstrations etcetera. In accordance with Gandhi’s advice, Hansa led Desh Sevika Sangh (a women’s group which fought against the British) in a satyagraha campaign that picketed foreign cloth and liquor shops in Bombay. With time she organised many more protests and was appointed the President of the Bombay Congress Committee. As her popularity increased, it resulted in her first arrest. She was sentenced to three months in prison, and was only released when the Gandhi-Irwin pact was signed.

This lit a spark within her which encouraged her to contest and thereby win the provincial elections from the Bombay Legislative Council seat in 1937, where she was the first woman to be elected to the council. Hansa Mehta stood for the Bombay legislative council seat in the general category, after refusing to contest from a reserved seat. Hansa Mehta, categorically rejected reserved seats, quotas or separate electorates. “We have never asked for privileges. What we have asked for is social justice, political justice and economic justice,” she said in December 1946.

She served two terms on the council (1937-39 and 1940-49) and later went on to represent Bombay in the Constituent Assembly as well . She was appointed as the Parliamentary Secretary of the Education and Health Departments. Hansa Mehta through the department brought various proactive changes such as setting up vocational,commercial and technical schools. The department also transferred control of secondary school education from the university to the state, which led to the creation of the Secondary school certificate examination board, a structure that exists today.

She became closely involved with the All India Women’s Conference along with Rajkumari Amrit Kaur and became its president in 1946. During her presidency, she proposed as well as drafted the Indian Women’s Charter of Rights and Duties, which called for gender equality and civil rights for women. She also demanded in the charter for equal pay, equal distribution of property and fair marriage laws. AIWC aimed to educate, empower and raise the position of women as well as children in

society. Further, she became the first female Vice-Chancellor in India with her appointment at SNDT University in Bombay.

INTERNATIONAL PRESENCE:

At the same time, in 1946, Mehta served as a member of the United Nations sub- committee on the status of women. She was the vice-chair with Eleanor Roosevelt of the United Nations Universal Declaration of Human Rights Committee. She played a significant role in ensuring that Article 1 of the Universal Declaration of Human Rights (‘UDHR’) was made inclusive and is credited to changing the phrase “All men are born free and equal” to “All human beings are born free and equal” in 1948. Hansa Mehta and Eleanor Roosevelt ensured marriage equality to women through Article 16 of UDHR. She also appeared before the Cripps Mission to speak on the behalf of Indian women.

Thus, Hansa Mehta had become a crusader of change as an educationist, feminist as well as a reformist.

WORK IN THE CONSTITUENT ASSEMBLY:

Within the Constituent Assembly, she was one of the only 15 women members and served as a: a.) Member of the Advisory Committee; b.) Member of the Sub-Committee on Fundamental Rights; and c.) Member of the Provincial Constitution Committee.

Her inclusion in the Constituent Assembly’s Fundamental Rights sub-committee was essential as it allowed her to champion the cause of gender equality and progressive common civil code instead of personal laws that have come to define minority religious communities today.

She argued for social, political and economic justice for women, she presented her views in the assembly on the affect fundamental rights will have on women,

“ The average woman in this country has suffered now for centuries from inequalities heaped upon her by laws, customs and practices of people who have fallen from the heights of that civilisation of which we are all so proud. There are thousands of women today who are denied ordinary human rights. They are put behind the purdah, secluded within the four walls of their homes, unable to move freely. The Indian woman has been reduced to such a state of helplessness that she has become an easy prey of those who wish to exploit the situation. In degrading women, man has degraded himself. In raising her, man will not only raise himself but raise the whole nation. Mahatma Gandhi’s name has been invoked on the floor of this House. It would be ingratitude on my part if I do not acknowledge the great debt of gratitude that Indian women owe to Mahatma Gandhi for all that he has done for them. In spite of all these, we have never asked for privileges. The women’s organisation to which I have the honour to belong has never asked for reserved seats, for quotas, or for separate electorates.

What we have asked for is social justice, economic justice, and political justice. We have asked for that equality which can alone be the basis of mutual respect and understanding and without which real co-operation is not possible between man and woman. Women form one half of the population of this country and, therefore, men cannot go very far without the cooperation of women.

This ancient land cannot attain its rightful place, its honoured place in this world without the cooperation of women. I therefore welcome this Resolution for the great promise which it holds, and I hope that the objectives embodied in the Resolution will not remain on paper but will be translated into reality.”

Besides being a strong advocate of female education and liberty, she also wanted an abolition of the purdah system. “Any evil practised in the name of religion cannot be guaranteed by the Constitution. Unfortunately, we were told that raising this question will hurt the religious susceptibilities of some people,” said Mehta during her speech in the Constituent Assembly on November 22, 1949.

One of her significant contributions to the Constituent Assembly debates was in trying to make the (UCC) a justifiable part of the Constitution. She was also a part of the select committee for drafting a Hindu Code Bill.

Hansa, as part of the sub committee on Fundamental Rights which included Ambedkar, Minoo Masani and Amrit Kaur, argued in favour of Uniform Civil Code and wanted it to be included in the justiciable part of the Constitution. She was of the opinion that it is the state’s responsibility to create a single Indian identity over the multiple religious ones and to build up ‘one nation’. But the motion for it was overturned. Hansa along with the others recorded their dissent stating that “one of the factors that has kept India back from advancing to nationhood has been the existence of personal law based on religion which keeps the nation divided into watertight compartments in many aspects of life.” The Uniform Civil Code then became part of the non justiciable directive principle.

She was a staunch critic of the caste system, as is evident from her own personal life and never believed in the rules or norms laid down by the institution of caste. While talking about the abolition of untouchability, she said “the abolition of untouchability is the greatest thing that we have done and posterity will be very proud of this.”

An interesting fact is that it was Hansa who presented the national flag to the assembly, minutes after midnight on August 15, 1947. This very flag was the first flag to fly over independent India.

POST INDEPENDENCE:

On August 14, 1947, Mehta was among those who stood beside the then Prime Minister and President Rajendra Prasad and waited for the clock to strike 12, awaiting the moment when India will be free of British domination. Then, the President took the pledge of freedom and Hansa, on behalf of the women of India, presented the national flag to him. While presenting the flag Hansa said,

“We have donned the saffron colour, we have fought, suffered and sacrificed in the cause of our country’s freedom. We have today attained our goal. In presenting this symbol of our freedom, we once more offer our services to the nation.”

Hansa was also a part of the Select Committee set up for the drafting of the Hindu Code Bill, which sought to “amend and codify certain branches of Hindu law.” The Hindu Code Bill was a means to create a better society through laws which would ensure that women would not be bound by rules/laws that tend to suppress their rights and confined them into orthodox religious processes. By being a part of this, Hansa tried to safeguard the civil rights of women from those orthodox interpretations of religious texts that were still followed by the influential members of the society.

To the reforms suggested by Dr Ambedkar on inheritance laws, divorce, property rights, and adoptions, Mrs Mehta gave her support; and in her speech said - “This bill to codify the Hindu Law is a revolutionary Bill and though we are not quite satisfied with it, it will be a great landmark in the social history of the Hindus. But since this Bill was drafted many things have happened and one of the biggest things

that have happened is the achievement of our political freedom. The new State is going to be a democratic state and democracy is based on the equality of individuals. It is from this point of view that we have now to approach the problems of inheritance and marriage etc. that are before us.” Agreed by many other women members as well, her perspective was that laws should not hold those prejudices which may hinder the development of the future generations.”

For her immense contribution to the making of the Indian constitution, to the uplift of the Indian society and most importantly, to the country’s freedom struggle, the government of India awarded her with the , India’s third highest civilian award, in the year 1959.

HANSA MEHTA AS AN EDUCATIONIST AND A SOCIAL REFORMER:

In 1949, she became Vice-Chancellor of the newly established Baroda University, the first time in India that a woman headed a university not confined to women only. She was determined to forge a new path and established three new faculties- Home science, Social Work and Fine Arts.the university sent teachers abroad to study methods of examination and provided a pavilion to the students’ union. This was unlike any university activity of those times. She held different posts in India from 1945 to 1960. She was the Vice Chancellor of SNDT Women’s University, a member of the All India Secondary Board of Education, President of Inter-University Board of India and the Vice Chancellor of the Maharaja Sayajirao University of Baroda, among the many others. She was also made the Vice President of the Harijan Sewak Sangh in 1932, which was trying to make peace between Gandhi and Dr Ambedkar on the rights of Harijans.

HANSA MEHTA: THE WRITER

Very few know that she, apart from being a politician, was also a prolific writer; who wrote books for children in her native Gujarati and in English, and translated books to Gujarati. Apart from that, along with all the amazing work that she did, she also wrote various books on subjects such as religion and women’s rights. These books were; Ram Katha (1993), The Woman Under the Hindu Law of Marriage and Succession (1944), The Indian Woman(1981) in English. She also translated popular works from English literature into Gujarati including Shakespeare’s Hamlet and Jonathan Swift’s classic satire Gulliver’s Travels, which titled Golibar Ni Musafari (1931).

A CHAMPION OF WOMEN’S RIGHTS:

Mehta advocated for gender equality and pushed for upliftment of women across the society. The speeches made by her in the assembly showcase her deeply held conviction that equality for all humans was the surest way to ensure justice. She was unapproving of privileges and asserted that they were not democratic.

A staunch feminist, Hansa Mehta is well known for drafting the Indian Women’s Charter of Rights and Duties during the 18th AIWC session in in 1946. The charter demanded that gender equality in terms of civic rights, education, health on par with the men. The charter also called for equal pay, equal distribution of property, and equal application of marriage laws.

Hansa was a crucial member of AIWC and played an important role as a participant of women’s movement that pushed for the Sarada Act that forbade , the abolition of the Devadasi system, asked for better educational opportunities(both primary and further) for women and personal law reforms.

Her argument during the Hindu code Bill debates in the Parliament was that the daughters and sons should get equal shares in property of the father. She also asked for the addition of a woman’ right to divorce, the underlying basis for which was explained in her book ,Indian woman. She wanted to be regarded by the state as individuals, and not having their rights dependent on either their husband or family.She was appointed to the United Nations Human Rights Council on Nehru’s recommendation.

While referring to the UNO group with which she was associated- ‘The Sub- Committee on Women’s Status, Mrs Mehta said “We are not thinking in terms of narrow feminism. We are not thinking of women as women, but women as human beings, a part of humanity.’

Being a staunch believer in gender equality, she championed her cause as she proposed a change in the language of the ‘Universal Declaration of Human Rights’ from “All men are created equal” to “All human beings are created equal”. This monumental change made the declaration gender neutral and is remembered by all till date.

Her views on education too reflected her ideology of equality and were far ahead of the times. For instance, the University Education Commission(UEC-1948-49) stated that although men and women were equally competent in academic work, their education need not be identical, stressing in a way on gendered division of labour between males and females. This was challenged by the National Council for Women’s Education presided by Hansa Mehta in 1962. It clarified that there was no such factor as the female aptitude that could determine the division between a masculine and feminine syllabus.

In 1964, she also tirelessly campaigned to legalise abortion as according to her the greatest threat to India was not from any other country but from population explosion.

Hansa Mehta’s legacy is a testament to her indomitable spirit and zeal as a reformist, femiist, educationist as well as a freedom fighter.

DEATH AND LEGACY:

She was one of those few who devoted their entire lives to their motherland. Unfortunately, at the age of 97, on the 4th of April, 1995, Hansa Mehta left for heavenly abode and the world lost a luminary it needed so desperately. The UN’s Secretary General, Antonio Guterres has lauded the "essential" role played by the Indian reformer and educator, in shaping the “Universal Declaration of Human Rights” and ensuring that it contains a more gender neutral language. While remembering the pioneering women who helped in shaping the document, Guterres said "Hansa Mehta of India, for example, without whom we would likely be speaking of the Universal Declaration of the Rights of Man rather than of Human Rights." It was a small change which created a monumental impact and for all that Hansa Jivraj Mehta did for this country and its masses, especially its women, she deserves to be remembered by the posterity.

------THE END------

SOURCES: https://digitallibrary.un.org/record/1494728?ln=en https://thelogicalindian.com/story-feed/get-inspired/dr-hansa-mehta/?infinitescroll=1 https://www.livehistoryindia.com/herstory/2020/07/09/hansa-mehta https://economictimes.indiatimes.com/news/politics-and-nation/un-chief-honours-indian-reformer- hansa-mehtas-role-in-shaping-universal-declaration-of-human-rights/articleshow/66983960.cms https://www.thebetterindia.com/165257/united-nations-human-rights-india-hansa-jivraj-mehta- news/ https://feminisminindia.com/2018/05/30/hansa-mehta-gender-parity-education/ https://15fortherepublic.wordpress.com/2016/02/26/hansa-mehta-1897-1995/ https://historyofvadodara.in/hansa-mehta/ https://i.ebayimg.com/images/g/hT4AAOxyK~hRGdw7/s-l300.jpg

Hansa Mehta revolutionary: mainly for women, BY TAYA ZINKIN, The Guardian (1959-2003); Feb 28, 1964

INDIA'S FUTURE STATUS: MRS. HANSA MEHTA'S VIEW: The Times of India (1861-current); May 21, 1946; ProQuest Historical Newspapers: The Times of India,pg. 5

------XXX------