The battle for gender equality in India: Constitution vs. Manusmriti

By Ram Puniyani* 

In pre-colonial India, Hindu society was broadly governed by the Manusmriti, where caste and gender hierarchy formed the core of its values. During the colonial period, as education, transport and modern administration took root, the seeds of democracy began to sprout. These changes were oriented around the emerging concept of secular nationalism. The various components of this transformation included the struggle for workers' rights, the expansion of education, the empowerment of Dalits and women, and the concept of equal citizenship for all, irrespective of religion, caste, language or gender. 

All these processes faced opposition from the elite, landlord and clergy classes. While the democratising tendencies were broadly represented by Bhagat Singh, Ambedkar and Gandhi, those opposing them were represented by the Muslim League, the Hindu Mahasabha and the RSS.

The democratising processes included workers' rights, freedom of expression, agitations for independence, and education for Dalits and women. As far as women's education was concerned, it began with Jyotirao Phule, Savitribai Phule and Fatima Sheikh. The hardships faced by Savitribai Phule and Fatima Sheikh in pursuing their goals are well known. Ambedkar's movements saw significant participation from women, and the national movement led by Gandhi also had a strong presence of women. 

The opponents from elite sections not only resisted all these processes; their organisations, the Muslim League and the RSS, were predominantly male bodies. Our Constitution very aptly gave equal opportunities and status to both genders.

While the Muslim League's ideology played havoc in Pakistan, the RSS was the major organisation opposing equality for women here in India. When, in 1936, Laxmibai Kelkar asked the RSS Sarsanghchalak about women becoming members of the Rashtriya Swayamsevak Sangh, he turned her down and asked her to start the Rashtra Sevika Samiti instead. It is noteworthy that in the women's organisation, the word Swayam (self) is missing. 

This sent a clear signal that women were to remain subordinate to men. The RSS combine also opposed the Indian Constitution on the ground that it did not draw values from the ancient glorious past—meaning the Manusmriti. The RSS combine stood totally against the original draft of the Hindu Code Bill, which granted women equal rights over property in their father's estate.

All this came to mind as Rahul Gandhi's Chhatron ki Goonj programme exclusively for girls took place in Pune on 23rd August 2026. During the initial decades after our freedom, much was accomplished towards the equality of women and girls, but at the same time, the grip of Hindu nationalist ideology was strengthened through various channels. One of the mechanisms was the Gita Press, which published books based on the Manusmriti in millions of copies. There were other activities and signals by various organisations associated with this ideology.

One recalls Roop Kanwar being burned on the pyre of her husband. While most groups and parties rightfully condemned this tragic event, the BJP's Vice President, Vijaya Raje Scindia, took out a procession to Parliament with the slogan that committing sati is a glorious Indian tradition and also the right of women. Interestingly, she herself did not exercise this right after the death of her husband. Then there is Mridula Sinha, the former chief of the BJP Mahila Morcha, who stated in an interview with Savvy magazine (April 1994) that women should not work outside the home unless absolutely necessary. She defended wife-beating and the practice of dowry.

At the Pune meeting, Rahul Gandhi heard the voices of women who articulated the issues of their security, the obstacles to their studies, the barriers to their independent decision-making, the diverse social pressures they face, and the obstacles to living as full citizens. Rahul Gandhi turned the meeting into a process of social reform. It was a great effort to push social processes in the direction of equality for women. Women's groups struggling for this cause will be greatly helped by the spirit and message of the meeting.

In today's India, the RSS combine is not only trying to undermine the values of the Indian Constitution but also promoting retrograde social relationships vis-à-vis women and Dalits. While its promotion of hatred against Muslims and Christians is very much in the air, its promotion of Manusmriti values vis-à-vis women is equally present, and was well underlined at the Pune meeting. 

Rahul Gandhi gave three obvious examples. One was Dr. Mohan Bhagwat's statement that rapes happen in India, not in Bharat. Surely by Bharat he meant rural areas, unaffected by the process of change towards Constitutional values. He is feigning ignorance of rapes against Dalit and Adivasi women.

Then there is Manohar Lal Khattar, a Union minister, according to whom 70 per cent of rapes take place due to women themselves. The leader of the pack, of course, is Narendra Modi. He was recently upset that girls used abusive words at the Jantar Mantar protest. The same behaviour by boys was perfectly acceptable to him. The way he underplayed the plight of our women wrestlers is abominable.

Rahul Gandhi correctly brought out the core ideology of the Hindu nationalists. He correctly stated that the RSS combine upholds the Manusmriti, as per which a girl has to be under the control of her father in childhood, under the control of her husband in adulthood, and under the control of her son if she becomes a widow. Gandhi's statement that girls should have their own Swayam (self) was absolutely on the dot and was appreciated by the girls present at the meeting.

This meeting should be a landmark in the struggle of women towards equality. The message of the meeting was loud and clear. It expressed the aspirations of girls in a very forthright manner. Without being "political" in the usual sense of the word, Gandhi operated at a deeper social level. He focused on the social structure that needs to transform through the struggles of women for their equality. 

The girls also articulated that boys must change to ensure that girls are able to live freely with equality and dignity; they are half of humanity, half of India. India has been gripped by a Hindu nationalist mindset, which needs to change and give strength to the values of the Indian Constitution. It is one more reason for challenging the rising might of the RSS combine.

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*Political commentator