JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA
VOL. 21, 2022
deal with issues and practices governing relationships of people within familial structures,
encompassing marriage, separation or divorce, maintenance, inheritance, succession,
adoption, custody and guardianship.
The history of secularisation of these practices that govern relations in the personal sphere
of the family, can be traced to the debates around the Hindu Code Bill introduced in 1947,
when Dr. B.R. Ambedkar met with resistance in the Constituent Assembly. It was referred
to a Select Committee in 1948, and there was no discussion on it thereafter till 1949, when
piecemeal discussions took place. Dr. Ambedkar’s intention to move the Hindu family laws
from a personal realm into that of a secular code, was among the critical steps to accord
gender justice. It involved access of women to property rights, instituting the practice of
monogamous marriage irrespective of caste, and to provide divorce rights. But the resistance
within the Constituent Assembly and the lackadaisical attitude of the Cabinet led to its
adoption in a truncated form. A deeply troubled Ambedkar finally resigned from the Cabinet
sensing the lack of political will for a transformation of the social and familial lives of the
majority of Indians, mostly women (Rege, 2013).
2. Feminist Claims to Equality Not Uniformity
The contemporary women’s movements’ articulation emerged forcefully after the Shah Bano
judgement of 1984. Prior to this, the women’s movements had focussed on the objective
mentioned in Article 44 for the development of a Uniform Civil Code. This was mentioned
in one of the earliest reports of 1946, Women’s Role in a Planned Economy that emerged from
the National Planning Committee (1939-46), and subsequently in the report on the status
of women in India of 1974 titled Towards Equality. These highlighted the patriarchal nature
of family/personal laws that draws from religious communities and their fundamentalist
principles. Further, since the 1980s, while women were increasingly visible in the public
sphere due to increasing access to education, employment, migration, economic and political
visibility, it was also a period of strained social and economic lives due to the state policy
initiatives of the structural adjustment programme along with liberalisation of markets
(Rege, 2003). Simultaneous to this rise in economic conservatism was the rise of religionbased public assertions. The sati in Deorala in 1987 marked a public display of caste and
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