A fresh look at Feminism under Constitutionalism & Humanism
Feature Articles

A fresh look at Feminism under Constitutionalism & Humanism

March 21, 2025

By Prof. M. Umapathy, Retd. Professor and Head, Department of Political Science, University of Mysore

Feminism was born in the 19th century. Its aspirations have yet to come true, even in the 21st century. Fresh look and thinking are called for today. Feminism today works in the context of Humanism and Constitutionalism. Humanism stands for equal rights and an empathetic understanding of women.

Constitutionalism stands for changing the social system from ‘Might is Right’ to ‘Right is Might’ order. In this context, women are seen as ‘breaking the glass ceiling’ and making daring achievements. On the other hand, they are also the victims of their spirits, opportunities and even necks being broken.

In history, first, when the ‘matriarchal’ system or mother-dominated order was in order, it was women who ruled the roost.  With the birth of the animal called ‘husband,’ it all changed. ‘Patriarchal order’ replaced it.  His ‘Might became Right.’ His word became the law. 

In ‘Sanatana Dharma,’ Aitareya Brahmana  text began valuing the male child and considering the girl child as a curse. Women’s duties were listed but not her rights. Shatapatha Brahmana defined the best woman as the one who pleased her husband and bore him a male child. 

Manu-dharma Shastra began the tradition of denying her Freedom (Na sthree swathanthram arhati), Vidya, Property and even ‘Pranam’ (Life). Male-defying girls became victims of ‘honour killing.’ 

Widows became victims of ‘Sati,’ the practice of burning her on the dead husband’s pyre. Today, ‘Sati’ is rare. However, according to the UN, annually 5,000 women are victims of honour killing. Violence against women stares us in the face.  But, the Indian Constitution stands as a guardian of women.

In the Indian Constitution, gender equality is a prime principle.  So in consideration for the interests of the weaker gender, first, ‘Fundamental Rights’ are given to all and the ‘Right to Equality’ is emphasised. 

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Second, it permits reservation or special treatment to women, wherever needed, in public places or public service (Art 15(3)). Third, it imposes a fundamental duty on the Indian citizen to ‘renounce practices’ derogatory to the dignity of women. 

Fourth, realising that since women are nearly 50 percent of the population, and that their representation and direct participation in the decision-making Councils and Legislature helps better to promote women’s interests, the Indian Constitution has responded positively to the demands of the women’s representation movement.

This response first began in early 1990s through the 73rd and 74th Constitutional Amendments which made one-third reservation of seats in the rural and urban local bodies for women. That gave rise to lakhs of women leaders at this level. But, it is shadowed by proxy husband representatives, who dominate especially in Village Panchayats, which is being gradually controlled.

Next, to promote women’s representation in Parliament and Legislatures, the 106th Constitutional Amendment was made in 2023. It has reserved one-third of seats in these bodies for women.  But we must note that it is still only a promissory note.

The implementation of its provisions is made subject to next census and delimitation of seats. For the present, both these are under deep controversies. Women’s representation at National and State levels continues to be an enigma.

The importance of women’s representation in decision-making bodies is underlined by a judgement of a Supreme Court bench headed by Justice Nagarathna on 28th February, 2025. 

It noted two things: First, women’s representation has gradually increased in the judiciary at lower level.  But, second, empathetic understanding and treatment of women is lacking in judiciary too. 

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This judgement struck down dismissal of two women civil judges in Madhya Pradesh, stating that they were dismissed unempathetically, without taking into consideration the traumas of women such as in miscarriages and cancer. 

It ordered the restoration of their services along with seniority.  This judgement underlines the need for first, increasing women’s presence in decision-making bodies, and second, the need to promote empathetic understanding and handling of women’s issues and cases.

In this background, to promote the two crucial requirements of feminism mentioned above, first, a man has to understand that a ‘woman’ is different in her body chemistry and requirements and second, the ‘Constitution,’ which upholds ‘Right Over Might,’ needs to be upheld.

Women’s hormones are many and different.  They change thrice in a month.  They change with her age. The resulting life compulsions such as menstruation, pregnancy, delivery and menopause cause her pains and trauma unknown to men, whose hormones are almost unchanging and whose biological burdens are very very light.

Oh, Man!  There is no alternative.  Know all this.  Live better and love better.  More importantly, ‘Man’ should let ‘Her’ ‘Live’, ‘Flower’ and realise her ‘Best-Self’ at her own pace and volition.  You only equip, enable and empower ‘Her.’

All of us must celebrate and let Humanism the leveller, and Constitutionalism the guardian of ‘rule of right’ and ‘rule of law’ to thrive. This is the direction perhaps for Feminism to become unemployed.

NOTE: These are parts of the writer’s talk, discussion and more important, as he said, the lessons he learnt at the panel discussion organised by Kamakshi Mohan Raj and her friends at the Phoenix School, Mysuru, on Mar. 16.

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