Selected Speeches of Women Member of The

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Selected Speeches of Women Member of The SELECTED SPEECHES OF WOMEN MEMBERS OF THE CONSTITUENT ASSEMBLY RAJYA SABHA SECRETARIAT NEW DELHI APRIL 2012 F.No.RS.2/1/2012-PWW © Rajya Sabha Secretariat, New Delhi. http://parliamentofindia.nic.in http://rajyasabha.nic.in E-mail: [email protected] Published by Secretary-General, Rajya Sabha and Printed by Jainco Art India, New Delhi. CONTENTS PAGES PREFACE ........................................................................... (v) ABBREVIATIONS ..................................................................... (vii) List of Women Members of Constituent Assembly.............. (ix) I. AMMU SWAMINATHAN (i) Fundamental Rights and Directive Principles : Twin Pillars of Constitution......................................... 1 II. ANNIE MASCARENE (i) Provincial Elections ............................................ 4 (ii) Tribute to Sardar Patel for Unifying India Without Bloodshed ........................................................ 5 (iii) Fixing a Time-table for the House ......................... 6 III. BEGUM AIZAZ RASUL (i) Autonomy to Ministers from Party Affiliations .......... 8 (ii) Election to Council of States ............................... 9 (iii) Additional Representation to East Punjab ................ 11 (iv) On Fundamental Rights, Minority Rights .................. 11 (v) On Electoral System........................................... 14 (vi) Naming the Parliament ....................................... 15 (vii) On the Membership of Legislative Assembly of U.P. ..... 16 (viii) In Support of India’s Membership of the Commonwealth ................................................. 17 (ix) Passing a Legislation: Powers of Parliament and the President ......................................................... 19 (x) Against Separate Electorate ................................. 20 (xi) Against Making the Acquisition of Property by State Non-justiciable ................................................. 24 (xii) Commending the Work of Drafting Committee ......... 27 (i) PAGES IV. DAKSHAYANI VELAYUDAN (i) An Appeal to Dr. Ambedkar.................................. 30 (ii) Harijans as Hindu Candidates from Muslim Provinces ... 32 (iii) Freedom from Forced Labour ............................... 33 (iv) Against Separate Electorate or Reservations for Harijans .......................................................... 34 (v) Draft Constitution : Imprint of the Government of India Act, 1935 ........................................................ 35 (vi) Beyond Constitution : Need for a Campaign Against Untouchability .................................................. 37 V. G. DURGABAI (i) Welcoming the Representatives of Indian States ....... 40 (ii) Appointment of Judges of Provincial High Courts ...... 41 (iii) Establishing High Courts in Newly Created Provinces .... 43 (iv) Judges should be Citizens of India ........................ 44 (v) Commending the Efforts of Smt. Muthulakshmi Reddy in Prohibiting the Devdasi System ......................... 45 (vi) Opening up the Hindu Religious and Educational Institutions for all Sections.................................. 46 (vii) The Constitutional Remedies for Fundamental Rights ... 47 (viii) Reposing Faith on Youth...................................... 48 (ix) Ensuring the Neutrality of Governor ...................... 49 (x) Appellate Jurisdiction of the Supreme Court ............ 51 (xi) Ensuring High Standards in Films ........................... 52 (xii) Protection of Children and Youth from Exploitation and Abandonment .............................................. 54 (xiii) Hindustani Instead of Hindi as the National Language ..... 55 (xiv) Limitations on Individual Freedoms ........................ 59 (xv) The Supreme Court : Guardian of the Constitution ... 62 (xvi) On the Democratic Credentials of the Draft Constitution ..................................................... 63 (ii) PAGES VI. HANSA MEHTA (i) Social, Economic and Political Justice for Women of India .............................................................. 67 (ii) Presentation of the National Flag.......................... 68 (iii) Responsibility Lies with People to Make the Constitution Work .............................................................. 70 VII. PURNIMA BANERJI (i) State’s Control over Religious Instruction in Schools .... 73 (ii) Protection to Minorities Against Discrimination in Public Funded Educational Institutions.................... 74 (iii) Qualifying Age for the Membership of State Legislature ....................................................... 75 (iv) Relevance of the Upper House ............................. 76 (v) Finances for Local Bodies .................................... 77 (vi) Electoral College for the Upper House of Provincial Legislature ....................................................... 78 (vii) A Case for Separate Educational Planning ............... 79 (viii) Ideal of Common Good Must Prevail ...................... 80 (ix) Rights of Detainee............................................. 82 (x) Protecting Rights of Individuals under Detention ....... 83 (xi) Return Women to the Seats Vacated by Women in Constituent Assembly ......................................... 85 (xii) Ultimate Sovereignty Lies with People.................... 86 (xiii) In Support of the Motion by Dr. B.R. Ambedkar to Pass the Draft Constitution ........................................ 87 VIII. RENUKA RAY (i) Equality of Status and Justice for Women ............... 93 (ii) Question of Religious Minorities and Majorities in a Secular State ................................................... 95 (iii) PAGES (iii) Against Religious Instructions in Public Funded Schools ........................................................... 96 (iv) A Critique of the Draft Constitution ...................... 97 (v) Prevention of Trafficking of Women and Abolition of Devdasi System ................................................. 100 (vi) For an Education Unblemished by the Legacy of Religious Strife ................................................. 101 (vii) Question of Bicameral State Legislatures ................ 102 (viii) Second Chamber in Provincial Legislature : A Dilatory Chamber? ........................................................ 103 (ix) Scarce Provincial Finances ................................... 104 (x) Role of Centre in Coordinating the Educational Standards in the Country .................................... 106 (xi) Issue of Justiciability of Compensation in the Event of Acquisition of Property ....................................... 107 (xii) Summarising the Work of the Constituent Assembly : Hopes and Aspirations ........................................ 110 IX. SAROJINI NAIDU (i) Seeking an Inclusive Constituent Assembly............... 115 (ii) Resolution Regarding National Flag ........................ 117 X. SUCHETA KRIPALANI (i) Singing of Vande Mataram ................................... 120 (ii) Singing of National Songs .................................... 120 XI. VIJAYALAKSHMI PANDIT (i) Centrality of New Asia in Post-Raj World-Order ........ 121 (iv) PREFACE World over it is now being realised that a balanced gender representation in the legislative bodies may save the world from complex socio-economic problems effectively. Mahatma Gandhi’s non-violent struggle for our independence for the first time created space for women to become equal partners in public life. As early as in 1930s, he famously stated that he would boycott the future legislature of India if it did not have enough women in it. Our freedom movement brought women to the centre stage of political and public life and produced a critical mass of women leaders at all the levels — local, provincial and national levels. These enlightened women joined the provincial legislative bodies under British India. Some of them became the Members of the Constituent Assembly, which has been described by Prof. Granville Austin as the most important event after Philadelphia Convention of the US in 1787. In the present context when there is new awakening and assertion in India and the world over for correcting gender imbalance in politics, a review of the contribution of 15 women Members of Constituent Assembly, will put the entire debate in proper historical perspective. Despite a fairly large corpus of literature on the Constituent Assembly nothing throws light on women Members and their role in framing the Constitution. It was, therefore, decided that on the occasion of 60th Anniversary of our Parliament, Rajya Sabha should take the initiative in putting together the contributions of women Members of the Constituent Assembly in one volume by compiling their selected speeches. In going through their speeches, one gets the unmistakable impression about the faith and conviction they had in the Gandhian ways of social reforms. They were aware of the retardation suffered by India due to colonial rule and the new opportunities available to Indians, particularly the women, to enjoy equal rights enshrined in the Constitution for them. Their erudite articulation added the verve and élan to the debates in the Constituent Assembly. Therefore, the social issues which stunted the empowerment of marginalized section were prominently raised by them in the Constituent Assembly - like prevention of forced labour and human trafficking, particularly the Devdasi System and control of the State over religious instruction in educational institutions. There have been perceptive debates over the issues of minority rights, particularly
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