There are a large number of social issues which social anthropology and for that matter social sciences should study. In the history of social sciences it has been unhistorical to study the gender issues.
True, sociology and social anthropology have studied the position of women through history. These disciplines paid attention to only half of our general population. But, since the sixties, there has been a flood of studies on gender issues.
This has partly been explained by A.R. Desai. He says that in post-independent India, the state is obliged constitutionally to transform rural people, Scheduled Castes, Scheduled Tribes and other subaltern groups into more powerful groups. It is a compulsion made by India’s Constitution.
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Second, it was in the year 1975 that the Declaration of International Women’s Year was announced. The year was extended into a decade and this gave rise to women’s studies. Women’s centres and researches on various aspects of women’s problems have been favourably looked upon, attracting many funding agencies, including state and its various agencies.
The Constitution of India seems to be the guiding code for a systematic observation of women’s status. It would be worthwhile to find out the origin of gender problem in our Constitution.
Interestingly, till as recently as 1981, the index of the Constitution does not contain a category of ‘women’, to which one may refer for understanding the position of women as provided in the Constitution.
In the category ‘marriage’ there is a passing reference; ‘family planning’ is indexed along with ‘population control’, and not with family or women’s welfare. The index maker to this government publication does not find ‘women’, ‘marriage’ or ‘family’ worthy of being referred to in the index of the Constitution.
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However, it is in Article 15 on Fundamental Rights, there is a ref- e re rice to women as equal citizens. It lies down that “the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them”.
Further, in sub-article (3) of the same Article, it is stated that “nothing in this Article shall prevent the state from making any special provision for women and children”.
Thus, the-Constitution enjoins equal status to women, as citizens, but also takes into consideration some special disabilities, which the state may endeavour to rectify by affirmative action.
Similarly, in Part IV dealing with Directive Principles of State Policy, there are references to the principles to be taken into account wherein concern for women is exhibited. For instance, Articles 39, 42 and 44 refer specifically to certain principles which, though not enforceable in the courts, should provide guidance to the state treating women as equal citizens.
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We have discussed some of the indicators of the underlying principles of gender role as perceptible in the Constitution as well as the path of development adopted by the post-independent Indian State.
A.R. Desai, who has been a staunch Marxist, raises some questions regarding gender issues with reference to the Constitution. These questions need to be quoted:
(1) Can a state, which proclaims opposition to discrimination based on sex and other elements, permit religious personal laws, which affect the life of women in a basic manner?
(2) On the grounds of religion, can diverse practices of discrimination in terms of number, choice of partners, control over body and sexual life, residence, inheritance, succession, property rights, adoption, locale and diverse practices discriminatory to women be permitted?
(3) Which of the practices embodied of the personal laws should be called secular and which religious?
Desai has raised some really fundamental problems. Some efforts will have to be made to amend the Constitution for giving a respectable status to women.