Law > Social Laws > Laws Related to Women and Children > The Status of Women in Pre-independence India
Every human society is invariably characterized by social differentiations. Gender-based differentiation is one. Men had the role of earning and women had the role of reproduction of heirs and homemaking. Indian society is chained by orthodox traditions, superstitions, and myths and make beliefs. It is a society which has accepted patriarchal supremacy. Patriarchy is a social system in which men hold primary power and predominate in roles of political leadership, moral authority, social privilege, and control of the property. With the prevalence of male dominance, there were constraints imposed upon women in terms of the number of aspects, these include, acquisition of education, employment opportunities, forced child marriage, purdah system, sati, and so forth. It was presumed by society that a women’s ultimate destination is marriage. Once married, the husband has total power over his wife. We shall discuss the status of women in Indian society in four different eras.
Status of Women in Ancient India:
In the ancient Indus valley civilization of India, evidence shows the worship of the mother goddess. Thus the importance of a woman as a mother can be traced. During the Rig Vedic period, it is believed that the position of wife was honoured and women’s position was acknowledged, especially in the performance of religious ceremonies. The education of young girls was considered an important qualification for marriage. Ghosha (she wrote hymns in the praise of Ashwini Kumars, physicians of gods), Lopamudra (wife of rishi Agasthya), Maitreyi (the woman seer, and philosopher), Gargi (the Vedic prophetess and philosopher) were known for their intelligence and were respected in their society. We can see some references in Vedic literature that in the Kshatriya society, brides had the exclusive right of selecting their life partners, through ‘Swayamvara’. In the Rig Vedic society, the dowry system was unknown. However, the concept of marriage was as a dan (gift) and known as “kanyadan”. Monogamy was the general practice though Bigamy was also in practice, it was limited to the aristocratic classes. Thus we can conclude that the status of women in this period was primarily dependent upon their upbringing and the society in which they lived.
Status of Women in the Medieval Period:
Medieval Indian history spreads over 500 years. It is predominantly the history of Muslim rulers. With the advent of Muslims in India, the social movement of Indian women was restricted. When Hindu culture came in the clash with a culture far different from its own, the leaders of the society began to frame rules and laws to safeguard their interest especially the position of women. They were prohibited to attend public functions and were not free to participate as men’s equals in religious functions. Many social evils like female infanticide, Sati, child marriages, Purdah system, or zenana (the seclusion of women), Jauhar, and child marriage were being introduced. During this period child marriage was firmly enforced. Girls had to get married before puberty. The age of 8 was regarded as ideal. Early marriage was followed by early maternity, which increased mortality amongst women. In this period, there has been a decline in the ratio of women. Sex-selection abortion was regarded as the major factor that has led to this decline. Thus the liberty of women was curtailed by the community. Avenues for their education were lost they were excluded from all important decision-making processes. . During this period the concept of dowry thrived. Women virtually became exploited. Indian women were politically, socially, and economically inactive except for those engaged in farming and weaving.
Status of Women in the Colonial Era:
The British came to India in 1600 A. D. For nearly 200 years in their East India company incarnation there were no real efforts made to address questions of social inequality or social oppression. The need for cheap labour and exploitation of natural resources were at the core of the imperial economy and it did not initially touch upon the social scene. Hence social evils such as sati, suppression of widow, denial of the right to education for women, and child marriage flourished unchecked. At the advent of the British rule, the position of women in India was at its lowest ebb.
During the colonial era, many Indians acquired western education and were introduced to the concepts of freedom, equality, and fraternity proclaimed during the French revolution. These educated people emphasized the equality of women with men. They challenged the caste system. The British government took bold steps to reform the caste-ridden Indian social order.
Most of the reform movements Brahma Samaj of 1825 (Founded by Raja Ram Mohan Roy), Prarthana Samaj of 1897 (Founded by Dadoba Pandurang and Atmaram Pandurang) and Arya Samaj of 1875 (Founded by Swami Dayanand Saraswati), Satyashodhak Samaj (Founded by Mahatma Jyotiba Phule), and Widdow Remarriage Movement (By Ishwar Chandra Vidyasagar) were led by male reformers who set the limit of the freedom and development of women. These reformers attacked only those practices that were extremely cruel or visibly violent (affecting only high caste Indian women). They rarely challenged the kinship structures of women’s subordination, sanctity of marriage and family, the sexual division of labour, and caste hierarchies which perpetuated inequalities. Women reformers like Pandita Ramabai, Rukhmabai, and Tarabai Shinde pointed out the biases of their contemporary male reformers. PanditaRamabai began the movement that put emphasis upon the freedom of women within the Indian society. During this period, there were many ladies, who mastered the art of martial arts.
The Sati (Abolition) Act, of 1829 is considered a great achievement of the reformist movement. There is an economic reason for the prevalence of widow immolation. Sati effectively prevents the inheritance by widows. The Widow Remarriage Act, 1856 was recognized by law in 1856. The Child Restriction Act, 1929, and The Woman Property Right Act, 1937 were some Acts passed during this period which helped in the social reformation in India. The Dissolution of Muslim Marriage Act 1939 gave to a Muslim wife the right of judicial separation from her husband that was denied to her earlier.
In spite of some reforms, the status of women within the society was in an underprivileged state. They were not having any right to claim success in the property of their own family members. Therefore, as far as property matters are concerned, the position of women was not given recognition, as they were not given any inheritance rights. They were dependent upon the male members of the family for fulfilling all their needs and requirements.
Women’s role in the Independence Movement:
Woman’s participation in India’s freedom struggle began as early as in 1817. Bhima Bai Holkar fought bravely against the British colonel Malcolm and defeated him in guerilla warfare. Many women including Rani Channama of Kittur, Rani Begam Hazrat Mahal of Avadh fought against the British East India company in the 19th century. Rani Lakshmibai was the great warrior of the First War of Indian Freedom. She showed the embodiment of patriotism, self-respect, and heroism. Sarla Devi, Muthulaxmi Reddy, Susheela Nair, Rajkumari Amrit Kaur, Sucheta Kripalani, and Aruna Asaf Ali were some of the women who participated in the non-violent movement. Samiti, Suniti, Bina Das, Kalpana Dutta, and Preetilata Waddedar are well-known women revolutionaries.
Status of Women in Modern India (Post Independence):
Our revered Constitution framers were well aware of the subordinate and backward position of women in India. They, therefore, made sincere efforts to improve the entire situation in favour of women. The introduction of the concept of equality through various provisions in the Indian Constitution, followed by laws concerning marriage, divorce, inheritance, maintenance, widow remarriage, prohibition of sati, dowry, child marriage, etc., laid the foundation of their present status.
Realizing the need of setting up an agency to protect women against violence the government decided to set-up a Commission for Women and enacted the National Commission for Women Act, 1990 and the Protection of Human Rights Act, 1993. Detailed discussion on the constitutional and statutory provisions for women will be done in upcoming articles.
Conclusion:
We can conclude that the status of women was primarily dependent upon their upbringing and the society in which they lived. Wherever they got the chance to develop, they became ideal for society. Position of women during the Mughal period experienced a number of problems and challenges, these include child marriage, sati, female infanticide, and prostitution. During the Mughal period, the education of women is regarded as less important, as compared to education acquired by men. The colonial-era saw the period of renaissance. Though widespread changes did not take place, the stage was set for launching a struggle for the creation of a gender-just society, a society in which laws gave equal treatment to men and women. Today, women are also contributing to the nation’s prosperity and growth. With the help of the legal system, women have become independent socially and politically. Although, it is just to ensure that women are equal to men and they do not lack any opportunity.
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