An Agenda for Gender Politics Author(s): Wandana Sonalkar Source: Economic and Political Weekly, Vol. 34, No. 1/2 (Jan. 2-15, 1999), pp. 24-29 Published by: Economic and Political Weekly Stable URL: https://www.jstor.org/stable/4407543 Accessed: 02-05-2020 06:22 UTC

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This content downloaded from 103.104.54.240 on Sat, 02 May 2020 06:22:45 UTC All use subject to https://about.jstor.org/terms PERSPECTIVES

the Common Minimum Programme. l But An Agenda for Gender Politics in fact the point raised here touches on the fundamental question of the constitution Wandana Sonalkar of the citizen-subject, and here the consi- derations that weighed with Ambedkar in Patriarchy in India starts with the control of women or men his inmoving the the Hindu Code Bill are still family but works in such a way as to perpetuate caste hierarchies; relevant, even if the political context is and the preservation of caste is the basis for the functioning different of this now; because they have some- thing to do with the essential nature of patriarchy. Will the passage of the Women's Reservation Bill Indian as it society. is, If we look at Ambedkar's as a first measure, without a wide-ranging discussion of the concerns in this light, we can take issue underlying caste issues really empower women in the struggle with againstthe arguments put forward by most patriarchy in the social and political specificity of present-day of the India? feminist pro-reservationists. In the process, we may be able to reach a clearer TWO issues of gender politics which broader are democratic process both possible idea of our priorities in today's political currently being debated are, firstly, and necessary. But then we must remember context. reservations for women in parliament that and our history is not only the history of AMBEDKAR AND HINDU CODE BILL state legislatures, and secondly, the the post- 1975 women' s movement in India. ongoing debate over the Uniform Civil One important series of events in that Ambedkar has gone on record as saying Code. Feminists have taken up a nearly history is Ambedkar' s motion in parliament that he considered his work on the Hindu unanimous position supporting the for pro- a Hindu Code Bill (HCB) when he was Code Bill to be as important as his parti- posed 81 st Amendment to the Constitution, law minister, the defeat of the motion and cipation in the formulation of the Indian which seeks to reserve seats for women his subsequent resignation. Ambedkar's Constitution. The Constitution views the in the said bodies. On the second issue insistence on a codification of Hindu per- citizen as a secular subject. and the rights also, after a considerable amount of con- sonal laws has a double significance which of citizenship are restricted to the spheres troversy and disagreement, a kind isof relevant to the current controversies. of public politics and economic activity. consensus has been reached on giving One, the Constitution which outlined a But he insisted that it was not sufficient priority to fighting for women's rights concept of citizenship and basic human to recognise the right to political and within the framework of existing personal rights did not touch on the religious life economic equality in a 'secular' space laws, rather than pushing for a Uniform of the majority of Indians, while religion defined in the Constitution, as long as Civil Code at present. (that is, for the majority, Hinduism) was inequalities among citizens. especially and Both the consensus in one case and the nevertheless a site for the preservation and particularly on the basis of caste, continued unanimity in the other are, I feel, very reproduction of inequalities among Indian to be entrenched in the religious life of problematic: they have become possible citizens. So, side by side with the Con- the Hindu majority. We must remember only because the scope of the debate has stitution which deals with the political and that at this time Ambedkar had not yet been limited in two ways. Firstly, the economic rights of citizens, a specific moved to the point of embracing Bud- perception of the history of the issues codification of Hindu personal laws which dhism, although he had considered this being debated is usually narrow; with the targeted the inequalities in the religious option. He saw the Hindu Code Bill as a assumption that feminist politics in India practice of citizens was essential. Secondly, basis for the reform of Hindu society. really began after 1975, events predating such a codification should, in Ambedkar' s Although he certainly did not believe that this are mentioned only cursorily. This opinion, precede the movement towards this reform could be carried out through leads us to the other question of who are a 'secular', Uniform Civil Code. Later on, legislative fiat alone, he sought to lay the feminists, whom are we speaking for some of the laws contained in the proposed down some minimum principles within and by what authority? In general, this Bill were passed as separate acts. the legislative framework of personal laws. means that in arguing for a greater concern Since some of the opponents of the For this purpose he made a study of the with feminist issues in contemporary proposed 81st constitutional amendment Mitakshara and Dayabliaga systems of politics (and to argue thus is of course an have brought up the issue of reservations Hindu laws governing marriage, divorce urgent need), the broader political context for non-upper caste women within the and inheritance, as well as looking at the within which we operate is often forgotten. reservations for women in parliament and practices of smaller communities within This paper tries to explore some of the state legislatures, the question of caste and the Hindu fold. He considered that the questions that should be addressed in this gender as aspects of the citizen-subject most progressive principles in the existing regard. has been brought to the fore. Most of the Hindu codes should be incorporated into Both the specific issues mentioned feminists arguing for reservations have the 'modern' Hindu Code Bill. above: reservations for women, and the attacked or dismissed this argument Ambedkar insisted on enshrining in the Uniform Civil Code. are concerned with (epitomised in the statements of Sharad Hindu Code Bill some basic tenets on the very nature of Indian democracy, and Yadav) as patriarchal and motivated - and which there should be no compromise: the its functioning in today's context. It isthey are not entirely wrong in this, if one right to divorce for the woman, the out- significant that the women's movement is looks at the records of the parliamentary lawing of polygamy for those married under today debating these issues, as it means debates that took place during 1997 after Hindu law, and the granting of some that we have reached a stage of maturity prime minister I K Gujral.put the issue of unconditional rights of inheritance for which makes such an intervention in the reservations for women on the agenda of widows and daughters were among these.

24 Economic and Political Weekly January 9, 1999

This content downloaded from 103.104.54.240 on Sat, 02 May 2020 06:22:45 UTC All use subject to https://about.jstor.org/terms He also Insisted on the recognition of there must be a progressive Code which at which many European nations granted intercaste marriages as valid under Hindu allows for revolutionary change in Hindu votes to women - and the inclusion of the law. Although a Special Marriage Act society, in religious practice. To put it principle of equal pay for equal work for which containe(I such rights and freedoms differently, he saw the need for a reform men and women in the Directive Principles for those wishing to enter into a civil of Hindu civil society - an essential of the Constitution are inadequate from marriage contract was already in existence characteristic of which is that it is divided the point of view of this struggle and have before 1947, only a small minority of on the basis of caste - side by side with indeed been shown to be inadequate by persons actually opted for this. Ambedkar' s a Constitution that established a 'modern' subsequent developments. concern was that these minimum tenets be and 'secular' political society. And he saw The point that Ambedkar recognised put into the Code for Hindu personal laws. tile emancipation of women as central to was that the caste system is perpetuated so that women enteling into marriage based llat reform. by endogamy; at one point he advocated on religious practice should have the The point here is not whether the intercaste marriage as the only programme benefit of these rights. adoption of the Hindu Code Bill as pro- of action that could lead to the elimination The record of the debates on the Hindu posed by Ambedkar would have been of caste. Later on, it seems that he saw Code Bill in the Lok Sabha between 1947 sufficient to bring about the emancipation the inadequacy of this line of action taken when the motion was tabled, and the time of women. But we may ask why the bill on its own: yet even today it is an act that oflAmbedkar's resignation as law minister, was opposed with such virulence when he is perceived by the forces upholding the shows the violence of the opposition movedof it, whereas most of the laws con- caste system as a threat to the prevailing orthodox forces to these proposals. It tained is in it were, just a few years later, order and invites the severest punishment. interesting to note that these forces passed without any such bitter opposition'? The imposition of the rule of caste endo- articulated their reactionary positions C'ould on it be that the proposal of a reformist gamy entai Is the control of women' s sexual the question of caste as well as gender: lindu Code was seen as a direct challenge behaviour and in fact all aspects of their it was of course said that giving the womanto the patriarchal and caste-based Hindu social behaviour by the patriarchal caste the right to divorce would destroy the order, while separate laws were not seen panchayat. The Hindu Code Bill entailed traditional lainily. etc. In addition, as such a challenge'? (Of course, even a clear declaration that the law of the Ambedkar was subjected to sarcastic where such laws have been adopted, their panchayat would be limited in independent attacks lor trying to be a modern 'Manu' 2 violation is the norm: take, for example, India, that this Code for the Hindu majority Underlying this was a reference to his the issue of intercaste marriage.4) There would hold precedence over patriarchal caste. Although Nehru supported would have been a different juridical caste panchayats or undeclared caste autho- Ambedkar in the beginning, he gave inhistory if such a Code had been adopted. rities. It is no wonder that it invited such under pressure from the reactionary forces Lawyers fighting cases for women against bitter opposition from the defenders of the as general elections drew near. Among a patriarchal Hindu social order would traditional Hindu social order. Ambedkar' s supporters were som e eminent have been able to appeal to certain pro- CASTE AND GENDER IN INI)IAN SOCIETY women MPs. When the;. women took gressi ve principles on which the Code was issue with Ambedkar over the scope ba.sed. of One underlying implication of this Caste is perpetuated through endogamy, inheritance rights granted to women under would have been that the distinction but then it operates through a number of the bill. his reply was that he did not between see the public and private spheres social of and economic institutions and the Hindu Code Bill as a final answer to lite would have been defined differently. ensures, first and foremost. that the the question of women's rights: it would T'hat is, instead of relegating religious domination life of the upper castes and the he the task ot future political movements to a private sphere. and allowing religion- subservience of the lowest castes is to extend the scope of these rights and hased to personal laws to govern those preserved.areas Women of the lower castes push for the enactment of new laws.3 ot the private that are recognised remain as at the bottom of the hierarchical This cursory account of some of the encroaching on the public sphere - onorder, the they have no right to privacy or central aspects of Anmbedkar's motion of occasions of marriage, divorce and decision-making and no right of protection the Hindu Code Bill and some of the inheritance - there would have been a against sexual exploitation. This can be reactions to it should be adequate forrecognition us that certain principles of seen social in the question put by a judge to to understand the relevance of that debate reform are to be applied to the private Bhanwari Devi when she went to court to the current one. What is important is sphere as well. Let us not forget inagainst this her upper caste rapists: "How far that behind Ambedkar's efforts to put the context one of the most powerful slogans apart were your legs when the rape took hill through parliament is his vision that of the early years of the contemporary place?" The practice of caste builds up women are central to the fight against the feminist movement: "the personal what Pierreis Bourdieu calls a 'doxa', a set caste system. that the subjugation of women political". of shared beliefs and norms within a is central to the functioning of the caste The above paragraph is not intended as community which condition the behaviour system. that women are. in his words, the an exercise in 'what might have been'. It of its members without being openly gateway to the caste system. Thus the aims to briln out the radical nature of declared. A member violating the rules of brahminical forces that uphold caste must Anmbedkar' s attempt to get the Hindu the Code doxa invites social sanctions of various take control of these gateways in order to Bill passed in parliament. That bill kinds, including the most violent. But the perpetuate the system of caste hierarchy recognised the intrinsic link between caste doxa operates on an unarticulated level antd caste oppression. The need to enact and patriarchy in Indian society, and aimed apart from one's consciously declared a juridical code that provides for emanci- to lay down a juridical basis tor a future beliefs. This level is different from the pation ol women in the areas of marriage, struggle against both. The granting of full Freudian concept of the unconscious which divorce and inheritance is essential because adult tranchise to women at the time of refers to the formation of the individual side by side with a Constitution giving national independence - radical though personality in the European context. political and economic rights to citizens, this was in comparison to the late dates Perhaps the concept of 'neniv' as opposed

Econonmic and Political Weekly January 9. 1999

This content downloaded from 103.104.54.240 on Sat, 02 May 2020 06:22:45 UTC All use subject to https://about.jstor.org/terms to 'janiv' as used by Sharad Patil5 (and for changing the exploitative social Here too, what was being threatened was borrowed by him from Buddhist philo- practices that, in fact, from a part of the an unstated right, a part of the doxa: the sophy) comes closer to what we need to Hindu's religious life. This could not be right of the upper castes to dominate in analyse this situation. For the doxa or the achieved by the stray laws that we now the administration and in education. On neniv is social in content: in Indian society have banning untouchability or legiti- the other hand, the BJP faces no such it incorporates all the aspects of caste mising the right of temple entry to dalits. problem when it takes up the issue of identity, caste prejudice, hierarchy, and The HCB was an attempt to assert that the women's reservations. The opposition to submission to a patriarchal order which personal is political. the bill is now taking shape around a are so much a part of the lived life of Politics always involves an assertion of different set of issues, with the demand constitutionally equal Indian citizens. rights and the demand for their legiti- for reservations for OBC women within Fifty years after independence and after misation in social practice. These rights the reservations for women in parliament. the defeat of the Hindu Code Bill, these may appear at times insubstantial in Let us turn at this point to the arguments realities of Indian society are pushing content, but the process of assertion is a and the logic used by feminists to support themselves into the political arena. The challenge to the prevailing doxa, and the demand for reservations for women in result is a disruption of the consensus on therefore important. In recent years we parliament. Kiran Moghe, member of the the secular and democratic basis of Indian have been witnessing an upsurge of CPI(M) and an active functionary of the political life, which existed for some political activity on ths part of oppressed party's women's wing in Maharashtra, decades after 1947; the disruption makes social groups in India. Two examples from says in herMarathi pamphlet quoted above, room for the coming to power of the BJP the recent history of Maharashtra may "There is definitely a difference between by default, so to speak. Nivedita Menon illustrate this point. One is the movement a caste woman of the landlord class and (1997), for example, voicing what she for the renaming of the Marathwada a dalit woman agricultural labourer calls her ambivalence on the question of University in Aurangabad, Maharashtra (emphasis mine). But on the other hand reservations for women in parliament, says as Dr Babasaheb Ambedkar Marathwada her exploitation as a woman at the hands "We may need to think in terms of quotas UTniversity, which spurred a mobilisation of men is something that cuts across all within quotas - OBC within women's of dalit youth and in 1978 called forth castes a and classes. That is to say , the quotas. woman's quotas within all others series of violent attacks on dalits in villages oppression suffered by a woman zamindar and so on - and most certainly of how to throughout Maharashtra. The other is theor a woman agricultural labourer at the ensure the possibility that newer groups demand being posed by some dalit women hands of men (of her community) in the can always present themselves to be and later taken up by the RPI under the family or in society is one and the same: recognised." The need for a pluralist leadership of Prakash Ambedkar, that on that level their sufferings are the same. approach is important when we are seeking December 25, the day on which Ambedkar Hence the debate over whether all women to extend the scope of our democracy, as publicly burned the Manu Smriti in 1927, are equal or not is meaningless and Menon implies in the quoted passage. bh declared as Indian Women's Liberation unnecessary (pamphlet written by Kiran Those who see themselves as a group Day. A woman activist from one of theMoghe published by CPI(M), Maharashtra, seeking political representation should communist parties responded to the latter 1997). have the chance to do so, the openings for demand by saying, "How long will we go There are at least two problems in this this should be built into our political on fighting on issues of identity politics? argument. One is that the categories of institutions. But do 'women' really con- We have to address the real economic class and caste are conflated and the stitute such a group in reality'? Don't caste issues." The two examples cited above implication is that whatever difference groups have more claim to being clearly represent challenges to the pre-there is between the dalit woman marginalised categories with a social vailing doxa: this is evidenced by theagricultural labourer and the caste Hindu cohesiveness and common modes of being reaction of the defenders of the traditional woman from a zamindar fami ly exists only, oppressed, which entitles them to seek order. Though the demands are symbolic or 'fundamentally', because one is labourer political recognition as a group? in nature, as long as the doxa is real, andthe the other a landowner. It ignores The issue is not just one of identity struggles to achieve them are also real. entirely, for example, the sexual exploi- politics, a term now used without much Another example: we can recall the near- tation suffered by a dalit woman because clarity to describe the contemporary unanimity of the press in condemning ofthe her position in the village caste hierarchy. phenomenon of the political assertion of V P Singh government when it sought For to example, Muktabai Sarvagod (1983), various marginalised social groups which put the recommendations of the Mandal in her book Mitleli Kawade recounts how identify themselves on the basis of caste C'ommission into practice. One would ahave young widow of the (non-dalit) mali or community (dalits, Muslims, adivasis, tlhought that the Mandal Commission caste had could live her life in her village with OBCs). Ambedkar's concern here is with committed the sin of creating caste divi- dignity even though she had no land and the social inequalities that perpetuate sions where none existed. While reserva- three children; she received help and moral themselves in spite of legislation to the tions in government and semi-government support from members of her caste. A dalit contrary, in spite of the declared 'secular' jobs have a definite role for members of woman in the same position would not politics of. the major political parties - the backward castes in creating a bit of have had this freedom. even those on the left. Feminisis are, or space for upward mobility, the violent Secondly, Moghe refers to exploitation should be, familiar with this. It is the passions that appeared to agitate the anti- of the woman by men of her own com- feminist movement that coined the slogan reservationists were surely wildly out of munity, in the family and in society, as "the personal is political". Ambedkar proportion to the actual threat to the job if her relations with men of other com- wanted, through the HCB, to redefine the opportunities of upper-caste students, munities don't matter. This is a serious sphere of the private in a systematic way, especially at a time when the total number mistake in understanding the nature of to put progressive values into the sphere of jobs in the public sector was stagnant oppression suffered by women of different of religious practice and establish a basis and expected to dwindle in the future. classes, and especially castes, under a

26 Economic and Political Weekly January 9, 1999

This content downloaded from 103.104.54.240 on Sat, 02 May 2020 06:22:45 UTC All use subject to https://about.jstor.org/terms patriarchal sy:,tem. In fact Moghe betrays with the control of women by men in womenthe of all castes, to participate in large ignorance of the concept of patriarchy, family but works in such a way as numbers to in a political process from which which is linked up to the way in which prepetuate caste hierarchies; and the they have hitherto been excluded. power over women is articulated in the preservation of caste is the basis for the The logic of decentralisation of power family first. and then in society at large, functioning of this patriarchy. Will thedoes not apply to the issue of reservations through the hierarchical structuring of that pushing through of the bill as it is, foras awomen in the national and state level society. The reality is that the upper caste first measure (as it is said), without a wide- elected bodies. This demand has been taken zamindar woman will have women and ranging discussion of the underlying caste up with enthusiasm by the left political men servants to lighten her work in issues, the really empower women in the parties, or the women (who are present in home, an economically deprived woman struggle against patriarchy in the social a minority) within them, and later on Ioy from the middle castes will have the support and political specificity of present-day the 'autonomous' women'sore. isations. of caste kin in better circumstances India?(see Or would it not be better to use this Meanwhile the 81st Amendment became above): whereas the dalit woman has occasionno as the starting point of a debate the 84th Amendment (without substantial social defence against sexual and other on caste, gender and the nature of political change) and the BJP declared that it would exploitation from upper caste men in her representation? Yadav had to apologise get it passed through parliament. Almost village. And although each of these women publicly for the patriarchal tone of his all these pro-reservationists found a ready may live within a patriarchal family struc- comments in parliament; this is a positive target when male OBC politicians brought ture, that structure also serves to reproduce outcome. We are also currently witnessing up the issue of reservations for OBC her position in the caste hierarchy. a critical juncture in the dynamics of women, expressing themselves in openly We have been arguing that the nature political representation, with the caste non- patriarchal language. So we have the major of patriarchy in India is intimately bound elite in various regions of the country argument being pressed (exemplified in up with the institution of caste, and that attempting to find new modes of political Kiran Moghe above) that oppression of Ambedkar was always sensitive to this. articulation. The resulting instability in women by their men cuts across all castes All this has a bearing on the demand for the functioning of parliamentary insti- and classes. reservations lor women in parliament in tutions cannot merely be dismissed or To sum up this stage of the argument: the present political conjuncture. If the deplored as a deterioration of the political the demand for reservations for women in isue of reservations for women is seen as climate. The women's movement must try parliament, as it is being argued by a demand empowering women against and engage with these realities and relate feminists (who suddenly find themselves domination by men per se, this amounts to them in the context of its past gains and in the company of the BJP), glosses over to abstracting the citizen-subject both from ils programme for the future. The debate the fact that, in India, patriarchy operates the reality of the social space that he/she on reservations has not till now given them through caste, reproduces caste hierarchies, inhabits, and also from the present much thought, but it is a welcome develop- and also uses caste divisions to perpetuate articulation of our democracy. If. on the ment that some debate on the issue of itself. We are merely saying that the cate- other hand, we are sensitive to both these, reservations within reservations has now gory 'women' does not have sufficient we can easily see that the demand for been initiated.6 A certain delay in the unity to represent itself as apolitical group quotas within quotas, and the demand that implementation of a bill providing more cutting across class, caste and community, the details of these be worked out before seats for women in parliament appears tothough this may also be true in the present reservations are granted to women is more be tolerable, if we are going to give serious conjuncture. Rather, the point being made than a delaying tactic being used by attention to a long-neglected set of political is that the mode of oppression of women chauvinist men of the not-so-badly-off issues. in this society is so intimately bound up middle castes. If we remember the political context in with caste that both issues have to be There is, therefore, an attempt by the which the bill emerged in the first place: addressed together, especially when one spokespersons of the 'women's move- the earlier (73rd and 74th) constitutional is talking about reservations in parliament, ment' (within and outside left political amendments which made it mandatory to an issue that will affect the functioning parties) to use this issue as a rallying point reserve at least one-third of the seats for of politics on the national level and for women as a category on a national- women in local elected bodies, had been therefore touches on the nature of the scale. However, as Madhu Kishwar points introduced as a move towards decentra- citizen-subject. If the proposed constitu- out (In discussion with Jaya Jaitly inlisation of power. This was the broader tional amendment is directed towards 'Samvad', The Tiines of India, August 15,perspective within which women actually expanding the rights of citizens to emanci- 1998),5 they have not been successful livingin and working in villages, towns and pation from social oppression - which is mobilising the support, in any appreciable cities were given the opportunity to act aspresumably what it intends to do - then number, of the women they claim to speak political representatives on the local level. let us recall how Ambedkar had understood for. Also, we find, during the dabates Women'son organisations have welcomed the question more than 50 years ago. The this question, in the argument that OBC this as a potentially empowering provision, defeat of his bill at that time has unfortu- men are insincere in bringing up the issue and have worked to give support to women nately meant that the questions he raised of reservations for 'their' women, the idea elected in this set-up. The entry of women about the nature of citizenship in India that oppression of women by men of their' into local political bodies has at times have largely been neglected since then. own community is the fundamental reality been manipulated by the male-dominated Recently there has also been a demand of women's oppression in India, cutting political parties, and in soin, situations the for reservations for Muslim women; this across classes and castes. elected women have been neutralised or has been spearheaded by Shahabuddin I have argued above that this line even of sexually humiliated. But this is only and some educated Muslim women have thinking stems from an essentially incorrect to be expected, since these amendments supported it. However, there are constitu- understanding of how patriarchy operates have made it possible for the first time fortional problems involved in granting reser- in Indian society. Patriarchy in India starts women from the lower strata of society, vations to Muslim women, which do not

Economic and Political Weekly January 9, 1999 27

This content downloaded from 103.104.54.240 on Sat, 02 May 2020 06:22:45 UTC All use subject to https://about.jstor.org/terms arise in the case of OBC women. Some niunities. Ambedkar, on the other hand, look at the history of the women's are asking the question: why reservations while arguing tor the Hindu Code Bill in movement from a less self-centrrcd angle. lor Muslim women or OBC women, when parliament, was questioning the division The defeat of the Hindu Code Bill was an Muslinm men and OBC men do not have between public and private space which important event in that history whose reservations? It will not do to call these informs the Indian Constitution: it is significance we must examine, before we another set of 'delaying tactics'. The point because religious authority also has can its work out some politically correct and I am miaki ng throug,hout is that much wider oppressive social effects - going beyond 'gender-just' code. Even today, adivasi political and constitutional questions arethe private sphere - very especially women in are not covered hy Hindu personal involved in the issue than was realised at relation to caste and gender, that he laws, which leaves them without any first, and that Ambedkar was sensitive to considered a codification of personal laws legal defence against certain kinds of many of them. We need to take a second for the majority community to be essential exploitation. It would, in fact, be more look at what he was saying, not necessarily as a supplement to the Constitution. If the relevant at the present juncture for the to take his word as final. In fact, some Hindu Code Bill had been passed, the feminists to re-open the question of a code innovative alternatives have also been pro- debate over the UCC would, 50 years later. of personal laws for Hindus, because that posed. such as the possibility of multiple- have had a very different content. would really touch on the issue of the seat constituencies: why not elect one man Among feminists, there is now a broadly spheres of public and private, of caste and one woman from every constituency? accepted position that, instead of working discrimination and its relationship with In any case, the number of members in the towards a UCC at present, it is tactically the patriarchal oppression of women: Lok Sabha has remained constant since mlore important to fight for justice for issues which affect women of the minority independence, while the population repre- women within the scope of existing laws communities as well. sented by them has increased several and also of existing customary practices, This brings us back to the other question timies.7 where they provide more protection to posed at the beginning of this paper: who women, while working for a reform of are the feminists, and by what authority UNIFORNM CIVIL CODE diflerent personal laws. It is recognised do we claim to speak for the majority of Ambedkar's speeches and writings at t hat Hindu personal laws are not necessarily Indian women'? The feminist movement the time of his moving the Hindu Code more progressive than Muslim laws in this in India in recent times began in the 197(s. Bill also have a bearing on the debate over respect. but "all personal laws discriminate Initially an offshoot of the movement in tihc Uniform Civil Code (UCC). especially against women".9 Some feminist groups the west, it naturally first attracted English- among femiinists. Even at that lime the have attempted to formulate a 'gender- speaking, urban women who more likely defenders of the hrahminical Hindu just' civil code as an ultimate goal to move than not were middle class and upper caste. social order cried against the reform towards of in a longer persepctive. even while In fact, the women's liberation movement Hindu personal laws protesting that. they the accept the tactical position outlined in the west also took a long time to spread Muslims should be forced to adopt a above.UCC. Nivedita Menon, in the article cited beyond the limited world of white, middle- Ambedkar was strongly against this: above he summarises the content of these class women with higher education. In gave the highest priority to the reform attempts. and India, however, one could argue that social coditicat ion of Hindu personal laws which We are not interested here in the barriers are even more rigid and social affected the majority of citizens, then, differences as between various groups inequalities on even more stark in relation to now. Hindu fundamentalists tried to liis issue. The question of putting on castethe than they are in relation to race in present the IUCC as a necessity for tfeminist the agendaeven a' longerperspective' the developed world. Indian feminists from 'modernisation' of the Muslim community. of working towards a set of gender-just the very start tended to. say. yes. we are But Amhedkar was very clear in saying laws, it seems to me, suffers from the same oppressed by patriarchy. but our poorer that unless the 1Hindu community adopted Iaulty vision as the approach that has beensisters from the working class and the a code that included a cohesive set of talken to the issue of women' s reservations. villages are much more oppressed. Some principles for reducing caste and gender- In regard to the minority religious com-women, motivated by such perceptions. based inequalities in personal law, it mlunities had (to quote Menon again), I) "-reform actually went out to the villages, slums. no right to insist on imposing a UCC within on personal laws with the co-operation forests and mines and organised different Muslims. o fcommunity leaders is preterable to legis- sections of women there in struggles Ior Talking about the concept of the secular lation by the slate", in order to "negotiate their economic and other rights. There are state, he said: "(it) does not mean that we tile maximum possible space for women some such feminists who now have ex- can abolish relirion: it does not mean that as individuals within their communities" perience of this kind of work stretchinl we shall not take ijnto (consideration (my This is a tactical position that admits, in back over 25 years. Also, there were emphasis: he doesn't say 'respect') the effect, that 'the feminist movement' has lawyers.journalists, writers and academics religious sentiments of the people."' But, not so far been able to mobilise large who took up arms 'against patriarclh on taken together with his attempt to reform numbers of Muslim or Christian women many fronts. International Women's Year and limil the scope of Hindu religious within its fold. But has it really done soin 1975 sparked off a large number of authority, his statement is quite different lor the majority of Hindu women either? research undertakings by the government fl-omlll whal secularism1 has come to mean Does the attempt to work out a 'gender- and academic institutions where women today': a neutrality of( the state vis-a-vis just' civil code grapple at all with the were the explicit subject of research. Some relicion seen as the private concern ot realities of how patriarchal oppression women made their academic careers in individuals. Besides the fact that this functions in our society? It is striking that this field. And then. over the last 15 years neutralilt can be compromised. this con-Ambedkar's position on the UCC is never or so, has come a new crop of NGOs doing, ception ot secularism can support thecited in any of these discussions. If this 'professional social work with a focus on growth of reli gious fundamentalism attempt in to work out a code is to become gender issues. 'Gender' has - almost - holh the majority and minority comn- more than an academic exercise, it must become a universally accepted part of

Economic and Political Weekly .lanuary 9. 1999

This content downloaded from 103.104.54.240 on Sat, 02 May 2020 06:22:45 UTC All use subject to https://about.jstor.org/terms academic andi journalistic vocabularies. to hin. Manu represents the historical downfall given much more serious thought. and that Those of us who call ourselves feminists of women from the higher status they enjoyed they are relevant even in the case of Muslim women. in India also carry on struggles with the in ancient India. It has been argued [e g, Lata Mani 1989] that this view of the brahminical 7 Gail Omvedt has made this suggestion in a men close to us for assertion of our rights, scriptures. especially the Monu Sinriti, as the recent newspaper article. for an extension of freedoms. These juridical basis for the subjugation of women 8 Ambedkar, collected works. Volumle 14. struggles are real. they have their impact, is itself the product of a discourse initiated 9 Nivedita Menon (1997) menltions how ;a they change the environment in which inthe colonial times, when the British rulers journalist who takes a totally anti-feminist next generation of women live their lives. took issue with certain Hindu practices like position on another issue (the accusation of 'sati' and child marriage. That discourse, sexual harassment made by IAS officer Rupan But in themselves these struggles do not which comprises the arguments of the British Deol Bajaj against her senior IPS collaeague encgage with thle forces of patriarchy and on Indian pro-reformers, is itself histo- KPS Gill) can, however. quite easily come our a social scale. Educated upper caste women rically situated and should not be left un- in favour of reservations for womien. are granted freedom to work and move questioned. in It is true that Ambedkar saw his 10 Nivedita Mcnon (1998) surveys a wide field society with relative case. as long as they HCB as a challenge to the law of Manu, and brings out some of the problems in respect the broad rules of caste and class hut. as menitioned above, he did in his draf- producing "accounts of 'human rights or ting of the bill draw on a multiplicity of 'citizens's rights. o,r.' indeed. 'femninst or endogamy: minor violations on their part Hindu texts and also on customary practices progressive narratives... at thi. historical are also accepted. But the dalit or adivasi of smaller commnunities, looking for the most juncture": but her own position on the 'imi cni st woman in the village is still seen as notprogressive elements therein. His objective consensus' on the UCC rcimains unclcar. She having any rights. When upper caste. was to incorporate into the code principles tells us that this consensus talks iabhot "working educated, middle class women participate that were relatively emancipatory for women on setting up a colnprehensive gender-just in building organisations for asserting theas well as being in some sense Hindu in their framework of rights covering not just areas genealogy. already covered by personal laws, but also the rights of such women. they still carry their 3 Although Ambedkar himself gave a central 'public' (doinail of work (creaches. equall caste identity into the 'field'; they can dealplace to his work on the HCB, rcmarking that wages. maternity henefits. etc) which should with bureaucrats. judges and the police. he had accepted the post of law minister in be available to all citizens. Where these laws while a dalit womain going ( t thesc officials the Nehru government only for the purpose do not conflict with personal laws. they should with the sa;le demands is still, in the India of bringing it into law, his efforts for the be automatically applicable, and where they of 1998. in real (langer of being raped. emancipation of women were not confined to do conflict, it should be open to individual :itizens to make the choice." WVhen tlhe upper caste lfeminists venture this. Froim his burning of the Manu Smtn-iti in 1 927. to his address to dalit women at the time into the villaccs and sluins now with the of the emiiple entry movriient, we can see References additional hackinge of foreign funds. their Amhedkar as a consistent champion of ogani sal ions malv bccoine milore sus- women s rights, and especially of the rights Ambedkar. B R (1996): Coll(cile d W(,rk'., o,f tainable. but is their intervention any of dalit women who suffer the worst atrocities Amoledlkri, Vol 14. published by the Government of Maharashtra. longer radicall or capable ot challenging of patriarchy and the caste system. This too must be regarded as a part of the history of Bourdieu, Pierre 1989): 'The L(o,ic of' Practiie. the status qu'o? the women's movement in India [Pratimna trans. R Nice. Cambridge. This is essentially acall lor introspection. Pardeshi 1997]. Chowdhuri, Prem (1997): 'Enforcing Cultural What we are saying is that the familiar- 4 The Hindu Marriage Act passed in 1955 (loes Codes: Gender and Violence in North India'. kiinds of fciminist initiatives taken in such validate intercaste marriage and mnarriages Economic antl Political Weekly, May 10(). a fracLtured social conltext are often neutra- violatling customllar bans on mnariages between 1997. liscd, their imlpact far less than what specificwe categories of kin in certain comminu- Mani. Lata (1989): 'Contentious Traditions: The nities. Bfut it is the law' of the caste panchayat Debate on Sati in Colonial India' in Sudcsh have hloped. 1 have tried( to show that the that rules in most such cases. Violent punish- Vaid and Sangar,i Kumlkul (eds). Rec( .s(tilt initiatives arel themselves based oln i iients for couples infringing the caste norms Women.: E.ss\'a,s in C(olonlital Hi.sior\. Kali for fractured conception of what the women's are still commion in north India. and do occur Women. New Delhi. moveiment is. I think that 'we' have to in other parts of the country also [Prem Menon. Nivedita (1997): 'Reservations and realise that tlis lfractured social context Chowdhury 1997]. Representation'. Se'Imiiliir, September. 5 Sec Kishwar (1997), however, Madhu Pardeshi. Pratima ( 1997): Doctor Anule'dkar A,i also splits ourselvcs in somei fundamental Kishwar's position on the issue includes Stlree Mikti (Marathi). Krantisinha. Nana Patil sense: to go beyondi this split we have to repeating that the major obstacle to OBC Academny. Pune. engage with the i social torces of caste and women entering politics is the attitude of Patil.their Sharad (1988): Abrhf(tnlilmt Stalit\v(tl'ic patriarclhy in a much mLore explicit manner. nmen. S(ailt(it rvasxha,stro (Marathi . Sugawa Let's put this on our agenda. t For exaimple, the National Association of Publications, Pune. Women's Organisations held a debate in Sarvagod, Muktabai (1983): Mitleli Ktawaitt Notes Hyderabad on September 16 and 17, which (Marathi). Nagpur. attracted a much larger attendance than the Tharu. S and T Niranjana: 'Problemls Iotr a I See. c [. KiranM N1Ighe's paniphlet in Marathi: Contemporary Theory of Gender' in S All!; 1iiy ranslation) o n the issuel ol reservations organisers had anticipated. No consensus and Dipesh Chakravarthy (eds) S'i/iictiu', lor xwomen in parliallnt: "Firstly. the ()BCs emerged, but there was a significant number of women demanding that caste aspects be Studies IX. OUP. as a group have it\evr iunil today decmanded re'sclrv'et . lls in legislative bodies. This recommlllenda(l;ion (does noi figure amiong the tIany po)inls lisicd hv thc Nlandal Conimission Back Volumes in or(lcr to iplrltn ' the stItl;ilo olo' the ()BCs in light ot their imanv sufferings. Of coutrse. it is p,osibtlc that a certain seclion of society Back Volumes of Economic and Political Weekly from 1976 to 1996 are 1mavy iitke such a ldemand all of a sudden - available in unbound form. but it is no coincidence thlt the (ldemiand is Write to: expressed only in the context of the Women's Reservatiotns Bill." Circulation Department, Economic and Political Weekly 2 Ambecdkar saw the Matnl Smilriti as a Hitkari House, 284 Shahid Bhagat Singh Road, Mumbai 400 0()1. brahilntinical text tlhatl elbodiedl the subjugation of \womn tlhrolugh tlhl caste systemi. According

!'n(liomic ;ind Political Weekly January 9. '999 29

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