The Department-related Parliamentary Standing Committee on Science & Technology, Environment & Forests, under the Chairpersonship of Renuka Chowdhury, Member of Parliament presented its Two Hundred and Ninety-third Report on ‘Forest Fires and its Effect on Environment, Forests, Bio-diversity and Wildlife and remedial/preventive measures’ to both the Houses of Parliament on December 16, 2016.

Uncontrollable and devastating forest fires ravaged the Himalayan states of Uttarakhand, Himachal Pradesh and Jammu & Kashmirduring February-April 2016. In Uttarakhand alone, the forest fires destroyed nearly 4,000 ha. of forest cover across 13 districts, killed 9 and injured 17 people besides damaging the biodiversity and forest ecosystem beyond repair.

As many as 378 forest fires had broken out in Himachal. Also, the Riasi district in Jammu faced devastation including some forested patch of Trikuta Mountains where the famous Vaishno Devi edifice is enshrined. In view of the enormity of the forest fires this year in the fragile states in the Himalayan region, resulting in heavy loss of lives and extensive damage to the flora and fauna, the Rajya Sabha Committee decided to take up the subject for examination in May 2016.After 6 months, it has presented its recommendations some of which are of far reaching importance. The detailed recommendations are as below.

The Committee observes that the funds released by the Ministry of Environment, Forest and Climate Change to the States and UTs under Centrally Sponsored Scheme namely, Intensification of Forest Management, have shown a declining trend during the last few years, as is evident from the figures provided by Ministry of Environment, Forest and Climate Change. The Committee is at a loss to understand as to why, when most of the concerned States have been asking for additional funds under this scheme, the Ministry has not given priority to this sector. In view of the devastations caused due to the forest fires, particularly this year, the Committee recommends that the Ministry of Environment, Forest and Climate Change should enhance its budgetary allocation under the Scheme and provide increased allocations under the Scheme to the affected States to enable them to take the requisite measures for prevention and mitigation of forest fires.
The Committee has been given to understand that Forest Research Institute, one of the oldest forestry institutions in the country, has been undertaking basic research in forest management. However, there seems to be a huge disconnect between the research done by FRI and its usage by the State Forest Departments and other agencies. This has been corroborated by the fact that NDRF, when deployed in Uttarakhand to control the forest fire, complained of having used very rudimentary equipment, whereas FRI claims of having designed and developed efficient fire-fighting tools. Therefore, the Committee recommends to FRI to publicise among all State about the equipment developed by them with a view to control forest fires, so that the concerned States could procure the equipment and use them in case of forest fires.
The Committee observed that a large number of posts of front line forest staff were lying vacant and expressed doubt about the preparedness of the state forest departments to combat forest fires. The Committee also observed that the recent forest fires may have resulted in adverse impact on many species and desired to know the efforts made by the Government in minimizing the loss. The Committee was informed that the Department was conducting regular surveys with respect to floral as well as faunal species conservation in the state and will undertake more studies focused towards areas where forest fires had been reported. The Committee was also informed that the State Forest Department was taking up soil and water conservation measures in affected areas to check possible negative impact on forests and water resources of the state. Further, a range of local species have been reserved which will be planted to minimize soil screened along with the contour trenches.
The Committee notes that Indian Institute of Remote Sensing and Wildlife Institute of India have made some very useful suggestions regarding remedial/preventive measures for forest fires, disaster risk reduction, restoration of habitat, wildlife habitat improvement and post fire restoration work. The Committee recommends that the Ministry of Environment, Forest and Climate Change and the concerned State Government should take these suggestions into consideration while formulating strategies for prevention, mitigation and fighting the forest fires as well as post fire restoration work.
The Committee is of the opinion that agencies like NDRF should be deployed in fighting forest fires extremely rarely. Infact, State Governments should be asked to train their fire brigade staff to fight forest fires as they will be in a better position to deal with it. The Committee was informed that Himachal Pradesh has over 600 fire brigade staff. Likewise, all other states will be having their fire-fighting staff who needed to be trained to suit the occasion. The Committee, therefore, recommends that Ministry of Environment, Forest and Climate Change, on priority basis through Forest Research Institute, Dehradun, organize training of fire brigade officers of all the states and equip them with proper forest fire equipment so that they can rise up to the occasion in the event of forest fires and they do not have to depend on outside agencies like NDRF which has already enough duties to perform at national level. The Committee also recommends that the Government should also approach some other fire-prone countries such as Canada, New Zealand and Australia to understand as to how they deal with the problems of forest fires and study the use of other systems for fighting forest fires such as chemical fogging that is used in these countries.
The Committee was constrained to note that interest and participation of local villagers/people in dealing with the forest fires and related incidents have gone down. The Committee is of the view that the key issue in forest management is the execution of activities at the grass root level and hence there is an urgent need to restore the social commitment and sense of belongingness of the people towards the forests and their involvement in planning and management of the forests. The Committee is of the firm view that this would also help in minimising the forest fire incidents in the country. The Committee, therefore, recommends that the Central Government and concerned State Governments should take immediate necessary steps to involve the local communities, including women, self-help groups and members of Village Panchayats and ZilaParishads in forest management related activities. The Committee also recommends that the State Governments should also incentivise the local people/villagers by creating facilities for them such as schools, hospitals etc. as per the local requirements to motivate and encourage the people to come forward and participate in the process of saving our precious forests from forest fires.
The Committee is in agreement with the view expressed by various representatives of Civil Society that small fires lit by the villagers in forest areas can spread and result in major forest fires. The need for taking up awareness campaigns among the villagers and exposing them to the devastating and horrifying results of such small fires cannot be over-emphasised. The Committee, therefore, recommends that the Ministry of Environment, Forest and Climate Change must impress upon the State Governments to take all necessary measures in this regard such as posters, slogans, campaigns in schools, hand bill etc. Since visual media is very effective in attracting people towards a cause, it is recommended that the devastating effects of forest fires should also be shown on electronic media in the form of short films, documentaries etc. to make the people aware of the horrifying impacts of forest fires.
The Committee further recommends that short films/documentaries in regional languages should also be shown periodically and the campaign should be sustained at least period of three to five years so that it can impact the minds of the people and the society at large. The Committee also recommends that Corporate Social Responsibility (CSR) funds should also be used for advertisement and awareness campaigns. Further, there should be training and mock fire-drills in schools and colleges. There should also be a dedicated toll free telephone number for reporting incidents of forest fire in each state.
The Committee is also of the view that people/tourists who come to the hilly areas from the plains, have little awareness about how to behave in the hills. The Committee, therefore, recommends that the State Governments should proactively work towards putting up public signage displaying the requisite messages in areas frequented by the tourists, to make them aware of the norms to be followed in forest areas.
Availability of fire-fighting equipment, kits and training to local people.
The Committee feels that apart from involvement of local communities in forest management and exposing them to devastations of forest fires, there is an urgent need to provide fire-fighting equipment to the people. Further, all persons deployed to fight the fires should be provided some back-pack kits which should contain water, packed food, fire-proof hand gloves and boots, breathing masks, first-aid kits etc. so that they could sustain themselves for longer periods while undertaking the job. Further, since fighting forest fire has its own intricacies, the local communities should be updated with new technology and trained on how to use this equipment so that they could work hand in hand with Government agencies in fighting forest fires, when required.
Chir Pine needles, which are highly inflammable due to its high resin content, are a prominent factor in occurring and spreading of forest fires. The Committee is in agreement with the view expressed by representatives of some NGOs that the Chir pine needles should be removed and collected frequently. The Committee recommends that the State Governments should consider procuring sweeping machines to clear the roadsides of chir pine needles and dry leaves in vulnerable areas. Further, steps should be taken for incentivising the clearing and collection of pine needles. The Government should also try to involve school children, NCC, NGOs etc. in collection of pine needles. The local communities should also be encouraged by providing remunerative emoluments in the collection process. The Committee also recommends that broad leave trees should be planted in the forests and, after a period of five years, there should be systematic replacement of chir pine trees in the forests by broad leave trees as it has been seen that incidents of fires in latter forests are minimal as compared to chir pine forests.
The Committee is further of the view that there is high resin content in chir pine needles and there is a need to explore as to how it can be used for other purposes. The Committee recommends that the Ministry of Environment, Forest & Climate Change should take up with the concerned Ministries of Government of India to explore as to how best to extract resin from these needles and how, apart from burning fuel, it could be used for other purposes.
The Committee is of the view that activities relating to collection of pine needles can not only provide employment to a large number of unskilled workers in the hilly states but also get rid of the chir pine needles which play a vital role in spreading of forest fires. The Committee, therefore, recommends that Ministry of Environment, Forest & Climate Change should take up the inclusion of work relating to collection of chir pine needles as one of the activities under MGNREGA with the concerned Union Ministry so that the State Governments can initiate further action in this regard without any hindrance.
The Committee is dismayed to note the problems of encroachment of forest land by the people as well as the violation of forest conservation rules in Dehradun and Shimla. Some people purposefully cause fires to encroach on forest land, which sometimes spread to other areas as well. The Committee recommends that the matter needs to be administratively looked into by the concerned State Governments and ensure that there is no encroachment of forest land or violation of forest conservation rules. Municipal and town planning agencies in the States should take effective and practical steps to stop unplanned urbanization and encroachments of forest and open land. Local communities/villagers should be encouraged to report any such incidents to the concerned authorities immediately. The authorities should take prompt action in such cases. Forests are our national property and any attempt to encroach upon them and the consequent fire in forests, whether intentional or unintentional, should be strictly dealt with.Creation of check dams and ponds within the forests.
The Committee feels that creation of ponds and water harvesting structures within the forest area not only reduces river bank erosion but can be a handy tool for supply of water for dousing forest fires. This would not only reduce dependence on helicopters for supply of water but also readily provide water to the locals within the forest area for fire-fighting. The Committee, therefore, recommends that Ministry of Environment, Forest & Climate Change should impress upon the State Governments the need to reinvigorate the system of ponds and check dams within the forest areas, so that water is immediately available at hand for making efforts to douse the forest fires. This would also save crucial time which is wasted in bringing water from other far-off resources, and help try to douse the fire in its initial stages and check it from spreading further.
Fire lines are areas which are cleaned of vegetation for stopping or slowing down a fire in forest areas. The creation of fire lines is critical in wildland fire fighting, because without fire lines, a fire can quickly get out of control. The Committee is of the view that such traditional methods of containing forest fires have stood the test of time and should not be dispensed with. While use of modern technologies for fire alerts etc. is definitely a welcome step, under the present circumstances, over-dependence on technology at the cost of traditional methods should not be encouraged. The Committee, therefore, recommends that Ministry of Environment, Forest & Climate Change should emphasise upon the State Governments that the traditional forest operations for scientific management of forests including forest floor clearing, controlled burning and creation of water harvesting structures should be reviewed and utilised effectively. The Committee notes that the traditional fire lines are not being cleared due to lack of funds at the disposal of the State Governments. The Committee, therefore, also recommends that adequate budgetary allocations should be made by the Ministry of Environment, Forest and Climate Change for the purpose and State Governments should ensure that fire lines, which play a crucial role in preventing spread of fires, are cleared regularly. The Committee also recommends that seasonal training, if required, should be provided to the local people including panchayats and zilaparishads for clearing of fire lines, before the onset of forest fire season.
The Committee recommends that instead of fire watchers, forest workers and CCTVs, the use of Drones should be encouraged for forest surveillance and monitoring. These drones should be deployed systematically in a day three to four times, or as felt necessary. This would enable the authorities receive much faster information since the drones will be able to go into the interior of the forest areas and send updates of the happenings inside the forests. The State Governments can equip the fire watchers with new technologies so that they can detect any suspicious or untoward incidents and report them to the concerned authorities immediately. This would not only ease the pressure on fire watchers who are pitifully paid and have to sit observing the forests in all climatic conditions but also provide more authentic and accurate data to the Government. It would also enable the State Governments to evolve a quick response system.
The Committee is shocked to note the gross underestimation of losses due to forest fires. The Government estimation in Himachal Pradesh comes to INR 470 per acre and in Uttarakhand it is INR 400 per acre. The Committee is at loss to understand who will be the actual beneficiary of this gross underestimation. The Committee, therefore, recommends that an independent agency having impeccable credibility must be roped in by the Ministry to estimate the losses in real terms and properly and earmark budget for compensation.
The Committee is in agreement with the views expressed by the representatives of Civil Society that the impact of forest fire on biodiversity is grossly underestimated and the loss of wildlife was not even by accounted for. The Committee is at loss to understand as to why the Zoological Survey of India and Botanical Survey of India, which are also the arms of the Ministry of Environment, Forest & Climate Change, did not take up any studies on loss of biodiversity of the forest fire affected areas. Even the Union Ministry of Environment, Forest & Climate Change did not take any initiative in this regard. Ministry of Environment, Forest and Climate Change has also stated that National Biodiversity Authority can take up studies in future on the effect of natural calamities/disasters including forest fires, and remedial/preventive measures thereof on a need basis. The Committee hopes that in future, the Ministry would take a more proactive approach in this regard and recommends that Ministry of Environment, Forest & Climate Change should ask its concerned organisations to undertake, on priority basis, assessment of loss of biodiversity due to forest fires and devise plans to prevent loss of bio-diversity in the event of forest fires so that corrective and preventive measures in this regard could be initiated at the earliest. The Committee further suggests that the Ministry should consider making National Biodiversity Authority the nodal agency for coordinating the efforts made by the different organizations in this regard.
The Committee is also aware of the availability of natural assets like medicinal and herbal plants in our forests. The Committee feels that there are adequate nurseries in hilly areas which are the banks of medicinal and herbal plants. The Committee is of the view that the Government can also consider incentivising the forest dwellers to grow medicinal plants in the plains. As such it would become a source of earning for local people. Accordingly, in case of occurrence of incidents of fire, they would be worried about their source of income, as a result of which they will take care of the areas and work to ensure that there are no cases of forest fires.
The Committee is of the view that after forest fires, the earth around the affected areas and the roots of the trees become weak and loose. This also contributes to the landslides in the affected areas in the rainy seasons after the forest fires. The Committee, therefore, recommends that Ministry of Environment, Forest and Climate Change should impress upon the State Governments that after the forest fires have been brought under control, a quick response system should be put in action and immediate necessary steps should be taken for minimizing the occurrence of landslides in the affected areas. The Ministry of Environment, Forest and Climate Change should also issue suitable guidelines to the State Governments in this regard.
The Committee notes that almost all the State Governments have expressed resource crunch and inadequate budgetary allocations to effectively invest in protecting our forests from fires. The Committee observes that in the context of forest fires, the needs of Himalayan states are distinctly different from the other states. The whole country depends upon the services of the Himalayan region since they contribute much more to the forest cover of the country. Accordingly, the Committee recommends that the budget of all the states which are in Himalayan region should be demarcated separately from other states, with specific objectives in mind and the policies and programmes and it should not be clubbed with other states, without taking into account the specific demands of the Himalayan ecosystem. Further, there should be an accelerated system for the devolution of funds to these States to enable them to prioritize the requirements of prevention, mitigation and fighting the forest fires.
The Committee strongly feels that in this background the ball is in the court of the Central Ministry of Environment, Forest and Climate Change to plan to remove dead and fallen tree even in the protected forest areas. The Committee recommends that in the light of Supreme Court order of 1996, the Central Government is bound to persuade the State Governments and approve their Working Plans for salvaging dead and fallen trees with a view to avoid induced forest fire in future.

The Committee is of the view that forest fires have become an annual feature in the country and have a devastating effect on environment, forest, biodiversity and wildlife. The Committee feels that there is an urgent need to devise a policy with regard to prevention and mitigation of forest fires and recommends that Ministry of Environment, Forest and Climate Change should, at the earliest, come up with a national policy on the subject.

Measure

Context:-

At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.

[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]

What is LEAF Coalition?

Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.

Why LEAF Coalition?

The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment.
The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.

Brazil & India

Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.

According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.

Tribes, Forests and Government

Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.

Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.

For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.

To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.

Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.

There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;

Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.

Way Forward

Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.

Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:

“The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”

Perhaps India can begin by taking the first step.

INTRODUCTION:-

The Constitution of India was adopted on 26 November 1949, which means it was finalised by the Constituent Assembly on that day. But it became operative two months after its adoption, i.e., on 26 January 1950, which is also known as the date of its “commencement”.

[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]

However, some provisions of it, i.e., those relating to citizenship, elections, provisional Parliament, temporary and transitional provisions had become operative on 26 November 1949 itself. The reason for its commencement after two months of its adoption was to signify the January 26 as the original date of achievement of Independence.

It was this day, i.e. 26th January, in 1930 which the Indian National Congress (INC) had first celebrated as the Independence Day of India. It is important to note that the Constitution of India is product of a longdrawn process and deliberations.

EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935

The Constitution of India embodies provisions providing basic democratic rights of human beings including the persons who are not Indian citizens. It also embodies provisions for the availability of institutions for legislation, execution and jurisdiction for the fulfilment these rights.

It presents a vision for social transformation and deepening of democracy in India. The process of evolution of democratic institutions and rights had started much before the Constituent Assembly really made the Constitution of India.

It, however, must be underlined that the features of democratic institutions and values which were introduced during the colonial period were meant to serve the colonial interests in contrast to the purpose of the provisions of the Constitution made by the Constituent Assembly of India.

Although the Indian Constitution was result of the deliberations (from December 9, 1947 to November 26, 1949) of the Constituent Assembly, some of its features had evolved over three quarters of a century through various Acts, i.e., from 1858 to 1935.

The Government of India Act, 1935, and Other Acts

With the transfer of power from the East India Company to the British Crown, the British Parliament got involved in managing affairs of India. For achieving this purpose, from 1858 till 1935, the colonial government introduced certain features of constitution or rules of governance through different Acts. The Government of India Act, 1935 was the most important among these Acts.

First of these other Acts was Government of India Act, 1858. It provided for a combination of centralised and decetralised power structure to govern India. The centralised structure was introduced in the areas which were under the direct control of the Crown. These areas were known as British India provinces or provinces. The decentralized structure was introduced in the areas which were not under the direct control of the Crown. These areas were ruled by the Indian princes, and were known as princely states or states.

Under this system, the princes had freedom to govern in all internal matters of their princely states, but they were subject to the British control. In the centralized structure of power which was introduced in the provinces, all powers to govern India vested in the Secretary of State for India (and through him in the Crown). He acted on behalf of the Crown.

He was assisted by a fifteen-member council of ministers.There did not exist separation of executive, legislative and judicial functions of government; these all were concentrated in the hands of the Secretary of State for India. In British India, the Secretary of State of India was assisted by the Viceroy, who was assisted by an executive council.

At the district level, the viceroy was assisted by a small number of British administrators. The provincial government did not have financial autonomy. In 1870 viceroy Lord Mayo ensured that all parts of provincial administration received due share of revenue to meet their needs.

The scope of political institutions in the provinces was expanded a little further following the introduction of Council of India Act, 1909. This Act introduced for the first time a “representative element” in British India, which included elected non-official members.This Act also introduced separate representation to Muslim community.

The Government of India Act 1919 devolved some authority to the provincial governments, retaining the control of the central government (unitary government) on them.It relaxed the control of the central government in a limited way. It divided the subjects for jurisdiction of administration and sources of revenue between centre and provinces.

Under this arrangement, the provincial government was given control on resources of revenue such as land, irrigation and judicial stamps. The provincial subjects were divided into “transferred’ and “reserved” categories.

The “transferred” subjects were governed by the governor, and “reserved” subjects were governed by the legislature. The governor (executive head) was not accountable to the legislature.

The Government of India Act, 1935 was different from the earlier Government of India Acts. Unlike the earlier Acts, the Government of India Act, 1935 also provided for provincial government enjoying provincial autonomy. It provided “safeguards” for minorities.

Such “safeguards” included provisions for separate representations to Muslims, Sikhs, the Europeans, Indian Christians and Anglo-Indians. This Act also provided for three lists of divisions of power between the federation (central government) and provinces: federal (central), concurrent and provincial.

The Act also provided for establishment of a federal court to adjudicate disputes between federation and provinces. The executive head of the provincial government was Governor, who enjoyed special power. Under the special power the Governor could veto the decisions of the provincial legislature.

He acted on behalf of the Crown, and was not a subordinate of the Governor-General (the changed designation of Viceroy). He enjoyed discretionary powers to exercise his “individual judgments” in certain matters. In such matters, he did not need to work under the advice of ministers: he was to act under the control of the Governor-General, and indeed the Secretary of the State.

He was also not accountable to the legislature but he was required to act on the advice of ministers, who were accountable to the legislature.

Government of India Act, 1935 also had provisions for setting up a central government consisting of representatives from the provinces(areas ruled by the British India government) and the states (the areas covered under princely states).Such government was supposed to be known as federal government because of composition with members both from provinces and the states.

However, the federal government could not be formed because there was no unanimity among the princes to join the federation; consent of all princes was essential for the formation of federation. Thus, only the provincial governments could be formed as per this Act.

And election to the provincial legislature as per the Government of India Act, 1935 was held in 1937. Following the election of 1937, provincial governments headed by the Indian National Congresswere formed in eight provinces. The Indian National Congress government resigned in 1937. Nevertheless, according to M. Govinda Rao and Nirvikar Singh (2005), the Government of India Act, 1935 provided a basis to the Constituent Assembly to make the Constitution.

The Nehru Report(1928): First Indian Initiative to Draft Constitution

As you have read above, attempts to introduce elements of constitution in British India through different Act since 1858 were made by the British rulers. Indians had no role in it.

The first attempt by Indians themselves to prepare a Constitution of India was made in the Nehru Report(1928).Earlier, effort by Indians was made in the name of the swaraj (self-rule) by leaders of Indian national movement during the non-cooperation movement in 1921-22.

The Nehru Report was known as such because it was named after the chairman of its drafting committee, Motilal Nehru. The decision to constitute the drafting committee was taken in the conference of the established All India parties. The principal among these parties included Indian National Congress, Swaraj Party and Muslim League. The Justice Party of Madras and Unionist Party of Punjab did not participate in this meeting.

The Nehru Report demanded universal suffrage for adults and responsible government both in the centre and in the provinces. It, however, supported the Dominion Status, not complete independence for India.

It meant that Indians would have freedom to legislate on certain limited matters under the control of the British India government. For this, the Nehru Report prepared list of central and provincial subjects, and fundamental rights. It also raised demands for universal suffrage for men and women adults.

Indeed, it was in 1934, a few years after the preparation of the Nehru report, that the Indian National Congress officially demanded a constitution of Indian people, without the interference of outsiders.

FORMATION OF THE CONSTITUENT ASSEMBLY

The Cripps Mission

Initially, the colonial authorities resisted the demand for creation of a Constitution of India. But with the change in the circumstances – the outbreak of the World War II and formation of the new Coalition (Labour-led) government in Britain, the British government was forced to acknowledge the urgency to solve the problem related to Constitution of Indians.

In 1942, the British government sent its cabinet member – Sir Stafford Cripps with the draft declaration on proposals (regarding formation of constitution for Indians) to be implemented at the end of the WW II provided both the Muslim League and the Indian National Congress had agreed to accept them.

The draft proposals of the Cripps Mission recommended the following:

providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations;
all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution;
the Constitution of India should be framed by an elected Constituent Assembly of Indian people but if any province (or Indian State) which was not prepared to accept the Constitution was to be free to retain its constitutional position which had existed at that time.
Such provinces were to be free to enter separate constitutional arrangements.

Both the Indian National Congress and the Muslim League did not accept the proposals of the Cripps Mission. The Muslim League demanded that India should be divided on the communal lines and some provinces should form an independent state of Pakistan; and, there should be two Constituent Assemblies, one for Pakistan and another for India.

The Cabinet Mission

The British Indian government made several attempts to bridge the differences between the Indian National Congress and the Muslim League. But it was unsuccessful.

The British government sent another delegation of the Cabinet members, known as the Cabinet Delegation, which came to be known as the Cabinet Mission Plan. It consisted of three cabinet members – Lord Pathic Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.

The Cabinet Delegation also failed to bring the Indian National Congress and the Muslim League to an agreement. It, however, made its own proposal which was announced simultaneously on 16 May, 1946 in England as well as in India.

The Cabinet delegation made the following recommendations:

there should a Union of India consisting of British India and the States, which would have jurisdiction over subjects of Foreign Affairs, Defense and Communication;
all residuary powers would belong to the Provinces and the States;
the Union would have Executive and Legislature consisting of the representatives from the Provinces and the States but for decision relating to a major communal issue in the legislature a majority of representatives of two major communities would be present, and voting along with the majority of all members present and voting would be required;
the provinces would be free to form Groups with executives and legislatures;
and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation.

Election to the Constituent Assembly

Meanwhile, according to the proposals of the Cabinet Mission, the election to the Constituent Assembly was held in which members of both the Indian National Congress and the Muslim League were returned. The members of the Constituent Assembly were elected by the Provincial Legislative Assemblies.

However, differences between the Indian National Congress and the Muslim League arose on interpretation of “Group Clauses” of the Cabinet Mission.

The British government intervened at this stage and explained to the leaders in London that the contention of the Muslim League was correct. And on December 6, 1946, the British Government published a statement, which for the first time acknowledged the possibility of two Constituent Assemblies and two States.

As a result, when the Constituent Assembly first met on December 9, 1946, it was boycotted by the Muslim League, and it functioned without the participation of the Muslim League.

NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION

It is often argued that the Constituent Assembly of India did not represent the masses of India because its representatives were not elected through the universal adult franchise. Rather they were indirectly elected by the restricted adult franchise confined to the elite sections of society – the educated and tax payers.

According to Granville Austin the reasons for the restricted franchise and indirect election to the Constituent Assembly members were spelled by the Cabinet Mission Plan. These were to avoid the cumbersome and slow progress in the process of Constitution making.

The Cabinet Mission provided for the indirect election to the Constituent Assembly by the elected members of the provincial legislature. The Indian National Congress agreed to this proposal of the Cabinet Mission forsaking the claim of adult franchise to hold election to the Constituent Assembly.

Despite having been elected through the restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India. Austin observed that though there was a majority of the Indian National Congress in the Constituent Assembly, it had an “unwritten and unquestioned belief” that the Indian National Congress should represent social and ideological diversity.

There was also its “deliberate policy” that the representatives of various minority communities and viewpoints should be represented in the Constituent Assembly. The Constituent Assembly consisted of members with different ideological orientations, and three religious communities -Sikhs, Muslims and General (Hindus and all other communities like the Anglo-Indians, Parsis, etc).

In words of K. Santaram “There was hardly any shade of opinion not represented in the Assembly”. Majority of the Constituent Assembly members belonged to the Indian National Congress. It also included more than a dozen non-Indian National Congress members.

Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr. B.R. Ambedkar. S.P. Mookerji represented the Hindu Mahasabha.

The Constituent Assembly included representatives from the Princely States as well. It needs to be underscored that Dr. Ambedkar was initially elected to the Constituent Assembly from Bengal as member of the Scheduled Caste Federation. But he lost this seat due to the partition of Bengal and was re-elected by the Bombay Indian National Congress (as a non-Indian National Congress candidate) at the request of the Indian National Congress High Command.

The Constituent Assembly sought to address concerns of every person irrespective of their social and cultural orientations. Before incorporating a provision in the constitution, it held elaborate deliberations. Thus, the members of the Constituent Assembly could overcome the limitations of having been elected by the restricted franchise.

The Constituent Assembly sought to accommodate universal values of democracy. The Constituent Assembly adopted several provisions from different constitutions of world and adapted them to the needs of India. In fact, Austin argues that while incorporating different provisions in the Constitution including those which were borrowed from other countries the Constituent Assembly adopted “two wholly Indian concepts” of resolving differences among its members, i.e., consensus and accommodation.

Most members of the Constituent Assembly participated in its proceedings. But these were twenty individuals who played the most influential role in the Assembly.

Some of them were Rajendra Prasad, Maulan Azad, Vallabhbhai Patel, Jawaharlal Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi, Dr. B.R. Ambedkar and Satyanarayan Sinha. Though the Constituent Assembly was the sole forum where deliberations took place, yet the deliberations took place in coordination of three bodies – the Constituent Assembly, the Indian National Congress Party, and the interim government.

Some members of the Constituent Assembly were also members of other bodies at the same time. Austin said that “an oligarchy” of four – Nehru, Patel, Prasad and Azad had enjoyed unquestioned honour and prestige in the Assembly. They dominated the proceedings of the Constituent Assembly.Some of these were simultaneously in the government, Indian National Congress Party and the Constituent Assembly.

Prasad was President of Indian National Congress before becoming the President of the Constituent Assembly. Patel and Nehru were Prime Minister and Deputy Prime Minister respectively at the same time. They were part of the inner circles of the committees of the Constituent Assembly.

The Constitution Drafting Committee meticulously incorporated in the draft constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman of the Drafting Committee played the leading role in drafting of the Constitution.

Acknowledging the pivotal role of Dr. Ambedkar, T.T. Krishnamachari, a member of the Drafting Committee, said in one of his speeches: “The House is perhaps aware that out of the seven members nominated by you, one had resigned from the house and was replaced. One had died and was not replaced. One was away in America and his place was not filled up, and another person was engaged in State Affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell upon Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.”

Dr. Ambedkar on his part “gave much of credit” to S.N. Mukerjee – B.N. Rau’s and Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of the Constitution”.

THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949

The inaugural session of the Constituent Assembly was held on 9 December 1946. It was supposed to be attended by all 296 members but only 207 members could attend it because the Muslim League members absented from it.

As stated earlier, they had boycotted the Constituent Assembly. In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda Sinha to be the temporary chairman of the House. The members passed a resolution on 10 December 1946 for election of a permanent chairman, and on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.

The Constituent Assembly divided its work among different committees for its smooth functioning. Some of the important committees were:

(a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members;

(b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar Ballabh bhai Patel was its chairman;

(c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman), Gopalaswami Iyangar and Bhagwan Das;

(d) Provincial Constitution Committee. It had 25 members with Sardar Patel as its chairman;

(e) Committee on Union Constitution. It had 15 members with Jawahalal Nehru as its chairman.

After discussing the reports of these committees, the Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R. Ambedakar. The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly.

A 7-member Committee was constituted to examine the draft. Dr. B.R. Ambedkar, who was Law Minister as well as chairman of the Drafting Committee piloted the draft in the Assembly. Dr. Ambedkar presented “Draft Constitution of India”. The “Draft Constitution” was published in February, 1948.

It was discussed by the Constituent Assembly clause by in its several sessions and was completed by October 17, 1949. This discussion was known as the second reading. The Constituent Assembly again met on 14 November 1949 to discuss the draft further or to give it a third reading.

It was finalised on 26 November 1949 after receiving the signature of the President of the Constituent Assembly. But it was January 26, 1950 which became the date of commencement of the Constitution.

SALIENT FEATURES OF THE CONSTITUION

The Indian Constitution has some salient features. These features give Indian Constitution a distinct identity. It is based on the features of different constitutions of the world. In the words of Dr. Ambedkar, The Indian constitution was prepared “after ransacking all the known Constitutions of the world”.

The chapter on Fundamental Rights is based on the American Constitution; the Parliamentary System has been adopted from the British Constitution; the Directive Principles of State Policy have been adopted from the constitution of Ireland; the Emergency provisions are based on the Constitution of Weimar (Germany) and Government of India Act, 1935.

The features which have been borrowed from other Constitutions have been modified in the light of the needs of our country. It is the longest written constitution. At the time of its formation, the constitution of India had 395 Articles and 8 Schedules. It ensures both Justiciable and Non-Justiciable Rights: Fundamental Rights and the Directive Principles of the State Policy.The constituent makers preferred universal adult franchise over the separate electorates.

Universal Adult Suffrage and Abolition of the Separate Electorate

After debating its draft list of Fundamental rights the Sub-Committee on Fundamental Rights did not recommend inclusion of all of them in the section III of the Constitution as the Fundamental Rights. Instead, it suggested that these should be incorporated in other places in the Constitution.

One such example is that of the Universal suffrage, and Secrete and periodic elections. The sub Committee agreed unanimously in favour of the Universal suffrage but suggested that it should not be part of the Fundamental Rights.

Accordingly, it was placed in the Article 326 of the Part XV on election.The word “universal”, however, is missing from the Article 326. But the fact that every adult citizen of the country is entitled to vote makes it practically a universal adult franchise.

In fact, before Indians really got the right to universal adult franchise, the prominent leaders of the Indian National movement strove for the abolition of the separate electorate in favour of the joint electorate.

The British had sought to continue separate electorate in India since the Morley-Minto reforms, 1909 till the Communal Award of 1932 in the Constitution.

The Communal Award aimed to accord separate electorate for Muslims, Europeans, Sikhs, Indian Christians and Anglo-Indians. It also provided for seats for the Depressed Classes which were to be filled in elections from special constituencies. In such constituencies only the depressed classes could vote.

In addition, the depressed classes were also entitled to vote in general constituencies. Gandhi opposed the recommendation of the notion of separate electorate for the depressed classes. In opposition to the proposal for separate electorate, he set on fast unto death in September 1932. Gandhi’s fast evoked opposition from Ambedkar. However, both Gandhi and Ambedkar reached compromise in Poona Pact.

According to the Poona Pact, seats were reserved for the depressed classes in the general constituencies. This resulted in the abolition of the separate electorate.The abolition of separate electorate got reflected in the reservation of seats in the legislative bodies Constitution.

CONCLUSION

The making of Indian Constitution largely consisted of two phases – 1858 to 1935 and 1946 to 1949. With the transfer of power from the East India Company to the British Crown, the British government introduced different elements of governance through different Acts.

These also included the elements of representation of Indians in the institutions of governance. The motive of the British to introduce them was to serve their colonial interests rather than to provide democratic rights to them. The provision for communal representation introduced through the Morley-Minto Reforms in 1909 and through the Communal Award in 1932 was opposed by the leaders of the Indian National Movement.

Gandhi’s fast resulted in the Poona Pact abolishing the separate electorate and in giving the reservation to the depressed classes in the provincial legislature. After the Indian National Congress emphasized the need for making of a Constitution of India by their own Constitient Assembly, the changed political situation following the Second World War and change of government in Britain, the British reluctantly realized the urgency for establishment of the Constituent Assembly of India for Indians.

The Constituent Assembly which was set up following the recommendations of the Cabinet Mission Plan was elected through the restricted adult franchise by the provincial assemblies. Despite having elected by the privileged sections of the society, the Constituent Assembly represented different shades of opinions and ideologies.

It also represented different social groups of India. The Constituent Assembly discussed all issues thoroughly before reaching decision on them. The decision and suggestions of different sub-Committees of the Constituent Assembly were finally incorporated in the Constitution of India.

The Constitution of India is a document which provides a vision for social change. The Constitution is an embodiment of principles of liberal democracy and secularism, with some elements of social democracy. It ensures protection of cultural, linguistic and religious rights of individuals and communities.

Context

Sunil Mittal, the chairman of Bharti Airtel, said recently that it would be “tragic” if India’s telecom-access market was to be reduced to only two competing operators. He was probably referring to the possible exit of the financially-stressed Vodafone Idea and the increasing irrelevance of government-owned operators, BSNL and MTNL. This would essentially leave the market to Reliance Jio and Airtel. A looming duopoly, or the exit of a global telecommunications major, are both worrying. They deserve a careful and creative response.

[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]

Thus Far

India’s telecom market has seen monopoly as well as hyper-competition.
Twenty-five years ago, the government alone could provide services.
Ten years later, there were nearly a dozen competing operators.
Most service areas now have four players.
The erstwhile monopolies, BSNL and MTNL, are now bit players and often ignored.

The reduced competition is worrying. Competition has delivered relatively low prices, advanced technologies, and an acceptable quality of services. These gains are now at risk. There is a long way to go in expanding access as well as network capacity.

The Indian Telecom Irony

India is ranked second globally—after China—in the number of people connected to the internet. However, it is also first in the number of people unconnected.
Over 50% of Indians are not connected to the internet, despite giant strides in network reach and capacity.
India’s per capita or device data usage is low. It has an impressive 4G mobile network. However, its fixed network—wireline or optical fibre—is sparse and often poor.
5G deployment has yet to start and will be expensive.

Vodafone Tragedy

Filling the gaps in infrastructure and access will require large investments and competition. The exit of Vodafone Idea will hurt both objectives. The company faces an existential crisis since it was hit hardest by the Supreme Court judgment on the AGR issue in 2019, with an estimated liability of Rs 58,000 crore.

The closure of Vodafone Idea is an arguably greater concern than the fading role of BSNL and MTNL. The government companies are yet to deploy 4G and have become progressively less competitive. Vodafone Idea, on the other hand, still accounts for about a quarter of subscriptions and revenues and can boast of a quality network.

It has been adjudged the fastest, for three consecutive quarters, by Ookla, a web-service that monitors internet metrics. India can ill-afford to waste such network capacity. The company’s liabilities will deter any potential buyer.

Vodafone+MTNL+BSNL ?

A possible way out could be to combine the resources of the MTNL and BSNL and Vodafone Idea through a strategic partnership. Creative government action can save Vodafone Idea as well as improve the competitiveness of BSNL and MTNL.

It could help secure government dues, investment, and jobs. It is worth recalling here that, about 30 years ago, the Australian government’s conditions for the entry of its first private operator, Optus, required the latter to take over the loss-making government satellite company, Aussat. Similar out-of-the-box thinking may well be key to escape the looming collateral damage.

It is not trivial to expand competition in India’s telecom market. Especially since there are no major regulatory barriers to entry anymore. Any new private player will be driven largely by commercial considerations. Global experience suggests that well-entrenched incumbents have massive advantages. New players are daunted by the large investments—and much patience!—needed to set up networks, lure existing customers and sign new ones.

However, regulators and policymakers have other options to expand choice for telecom consumers. Their counterparts in mature regulatory regimes—e.g., in the European Union—have helped develop extensive markets for resale. Recognising the limited influence of smaller players, regulators mandate that the incumbent offer wholesale prices to resellers who then expand choice for end-users.

This has been virtually impossible in India. There is a near absence of noteworthy virtual network operators (VNOs) and other resellers. A key barrier to resale is India’s licence fee regime which requires licence-holders to share a proportion of their revenues with the government. Thus, resale could hurt exchequer revenues unless resellers are subject to identical levies. Understandably, the levies—and consequently additional reporting and compliance—is a disincentive for smaller players. The disincentive flows from levies based on revenues which comes with considerable costs of compliance. It would almost vanish if the levies were replaced by say, a flat fee computed objectively.

The ball is in the court of the regulator and the government. They have options. But will they take decisive action to exercise them? It will be ‘tragic’ if they can’t.

Policy
One Nation One Ration Card

INTRODUCTION

Since most of the early scholars, researchers and historians were men, many aspects of society did not find a place in history books. For example, child-birth, menstruation, women’s work, transgenders, households etc. did not find much mention.

[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]

Rather than building a holistic picture of the past, some select aspects such as polity and the different roles of men became the central focus of history writing. Women were confined to one corner of the chapter where a paragraph or two was devoted to the ‘status and position of women’.

Even the details of these paragraphs were hardly different from each other. This made it look like as if history (and thereby society, polity, economy and all culture) belonged to men while women were only a small static unit to be mentioned separately. Of course, there were some exceptions, but these were however rare. This practice is being corrected now and the roles and presence of women are being read into all parts of historical questions.

SOURCES FOR UNDERSTANDING GENDER HISTORY

Sources are the bases of history writing. From simple pre-historic tools to abstruse texts, everything can be utilized to understand life and roles of women in history. The presence as well as the absence of women from sources needs to be duly noticed, deliberated and argued upon and only then to be theorised upon.

Certain objects being directly related to the lives of women or depicting the ideas of the female principle are of central importance. These include but are not limited to female figurines, art objects, texts attributed to or authored or compiled by women, monuments created by or for women, various objects relating to their lifestyle, objects associated with women on account of their cultural roles and so on.

It has been rightly pointed out by Uma Chakravarti that much of the gender history written in early phase was a ‘partial view from above’. This referred to the utilization of select textual sources and focused only on relational identity of women. There were, however, a few exceptions.

GENDER HISTORIOGRAPHY

Amongst the many narratives propagated to denigrate Indian civilization and culture by the British colonial rulers, the condition of Indian women became a point of central reference. Various social evils that made the life of women miserable were pointed out and efforts were also made to introduce ‘reforms.’ Sati, child-marriages, imposed widowhood, polygamy, dowry, educational and economic inequality, purdah (ghoonghat) and many other practices prevailed during the colonial period that made the life of women difficult and pitiable.

Some practices affected women of higher social and economic households while others led to misery for poorer women. Many social reform movements were started in the 19th century to address these issues and contributions were made by Indian reformers as well as British officials and other Europeans.

Women in India came to be treated as a homogeneous category and over generalisation became the norm. While many communities in India practised widow remarriage and did not practise (much less forced) sati and while some practised divorces or separation, the image of the Indian woman who had been subjugated as woman, wife and widow became a dominant theme in history writing.

Secondly, a western vision was placed over the non-western societies and hence interpretations were far removed from the context. For example, notion of stridhan was equated with dowry and little regard was paid to the provisions regarding its use and ownership by women.

The huge social stigma that came along with the selling of jewellery of the household (one of the main components of stridhan) was paid no attention to. Similarly, penal provisions listed by ancient texts for misappropriation of women’s property were not even looked into.

During the Paleolithic age, hunting and gathering was norm. However much importance was given to Hunting than gathering in all literature of history. Studies, however, show that hunted prey formed only 35% of the diet while gathering fruits and other edible material supplied the major portion. Gathering of food resources was ordinarily done by women. Since gathering was an important activity, more than hunting for game, it could point to significant role playing by women.

The gendered understanding of Harappan civilization is being built upon and various archaeological remains have been studied in this respect. The female figurines, idols of pregnant women, the statue of the ‘dancing girl’, various pieces of jewellery and personal belongings that have been discovered at various sites and offer useful insights on the public and private lives of women and men.

The statue of a girl obtained from Mohanjodaro has been called a ‘dancing girl’ on grounds of familiarity with the institution of devadasis in the later times. Such backward looking explanations are problematic.

There is a wide variety of terracotta female figurines that have been found at different sites right from the pre-Harappan times. Women figures are found suckling a baby, holding utensils, kneading dough, nursing infants, carrying objects like drums, seated figures for board games, with steatopygia (fat deposition on the hips and elsewhere), with floral head-dresses and in many other forms.

Even figurines of pregnant women are quite common. However, most of these have been uncritically associated with fertility, religiosity and reproductive ideas, and have been passed off as representations of the Mother Goddesses. While some of them were votive objects, others are held to be toys or other utilities. The focus on female form has been so stereotypical that women have been seen as associated only with home, hearth, fertility, sexuality and divinity. So much so that sometimes even male figurines in assumed womanly roles were classified as female figurines.

POSITION OF WOMEN IN EARLY INDIA

The first literary tradition in the Indian subcontinent (and the oldest in the world) is that of the Vedic corpus. From the four Samhitas to the Upanishads, we find many interesting references to women in various roles. Some of these women have left their mark on the cultural heritage to this day and are remembered in various ritual and social contexts. Their names, stories, some highly revered hymns, and other interesting facets are mentioned in the Vedic corpus.

The Vedic literature has been classified as Early Vedic and Later Vedic. The Rigvedic society and polity seems to be teeming with life and agro-pastoral economy was enmeshed in close kinship ties. Women as well as men participated in society, economy and polity. Some of the most revered hymns including the gayatri mantra are ascribed to women.

Various natural phenomena are depicted as Goddesses and they are offered prayers. While quantitative analysis highlights the predominance of Indra, Agni, Varuna and other male gods, the power and stature of the goddesses is equally well established.

Women participated in all three Vedic socio-political assemblies viz. Sabha, Samiti and Vidhata. They had access to education and were even engaged in knowledge creation. They could choose to be brahmavadinis with or without matrimony.

Hence, there is no reason to believe that they were only confined to home and hearth. T. S. Rukmani attempts to understand if women had agency in early India. Her work has highlighted many interesting details. The author acknowledges the fact that though the patriarchal set up put women at a loss, there were instances where women found space to exercise their agency.

She points out that though the texts like the Kalpasutras (Srautasutras, Dharmasutras and Grhasutras) revolved around the ideology of Dharma and there was not much space to express alternative ideas, still these works also find some leeway to express ideas reflecting changed conditions.

For example, there is a statement in the Apastamba Dharmasutra that one should follow what women say in the funeral samskaras. Stephanie Jamison believes that in hospitality and exchange relations, women played an important role. She says that the approval of the wife was important in the successful completion of the soma sacrifice. In another study it has been shown that women enjoyed agency in deciding what was given in a sacrifice, bhiksha to a sanyasin. The men had no authority in telling her what to do in these circumstances.

Vedic society was the one which valued marriage immensely. In such contexts, Gender Perspectives if a woman chose not to marry, then it would point to her exercising choice in her decision to go against the grain and remain unmarried.

Mention may be made of Gargi. She was a composer of hymns and has been called a brahmavadini. This term applies to a woman who was a composer of hymns and chose to remain unmarried, devoting herself to the pursuit of learning.

Similarly, in the case of Maitreyi, she consciously opts to be educated in the Upanishadic lore and Yajnavalkya does not dissuade her from exercising her choice.

The statement in the Rigveda that learned daughters should marry learned bridegrooms indicates that women had a say in marriage. Though male offspring is desired, there is a mantra in the Rigveda, recitation of which ensures the birth of a learned daughter.

Altekar refers to the yajnas like seethayagna, rudrayajna etc. that were to be performed exclusively by women. Some of the women were known for their exceptional calibre, for example, from the Rigveda Samhita we find mention of women like Apala, Ghosha, Lopamudra, Gargi, Maitreyi, Shachi, Vishwavara Atri, Sulabha and others.

Women have not only been praised as independent individuals but also with reference to their contributions towards their natal or marital families.

The Later Vedic literature shows the progression towards a State society with a change in the organization of the society and polity. The chief comes to be referred to as bhupati instead of gopati. However, within the twelve important positions (ratnis) mentioned, the chief queen retains a special position under the title mahisi.

The importance of the chief queen continued as gleaned from several references to them in the Epics, Arthashastra and even in coins and epigraphs from early historical times.

The other Samhitas also refer to women sages such as Rishikas. The wife is referred to as sahadharmini. Brahmanas or the texts dealing with the performance of the yajna (Vedic ritual), requires a man to be accompanied by his wife to be able to carry out rituals.

For example, Aitareya Brahmana looks upon the wife as essential to spiritual wholesomeness of the husband. However, there is a mention of some problematic institutions as well.

Uma Chakravarti has pointed towards the condition of Vedic Dasis (female servant/slave) who are referred to in numerous instances. They were the objects of dana (donation/gift) and dakshina (fee).

It is generally believed that from the post Vedic period the condition of the women steadily deteriorated. However, Panini’s Ashtadhyayi and subsequent grammatical literature speak highly of women acharyas and Upadhyayas.

Thus, the memory and practice of a brahmavadini continued even after the Vedic period. The Ramayana, Mahabharata and even the Puranas keep the memory of brhamavadini alive.

Mention may be made of Anasuya, Kunti, Damyanti, Draupadi, Gandhari, Rukmini who continued to fire the imagination of the poets. Texts show that the daughter of Kuni-garga refused marriage because she did not find anyone worthy of her.

The Epics also mention women whose opinions were sought in major events. For example, after the thirteen years of exile, while debating upon the future course of action regarding the restoration of their share, the Pandavas along with Krshna asks Draupadi for her views. Similarly, when Krishna goes to the Kaurava’s court to plead the case of Pandavas, Gandhari is called upon to persuade her sons to listen to reason.

Since a woman taking sanyasa was an act of transgression, one can explore women’s agency through such instances. In the Ramayana, Sabari, who was the disciple of Sage Matanga, and whose hermitage was on the banks of river Pampa was one such sanyasin.

Such women find mention in Smriti literature and Arthashashtra. Kautilya’s prohibition against initiating women into Sanyasa can make sense only if women were being initiated into sanyasa. He advises the king to employ female parivrajakas as spies.

Megasthenes mentions women who accompanied their husbands to the forest, probably referring to the Vanaprastha stage. Another category of literature called Shastras that comprises of sutras (aphorisms) and the smriti texts (‘that which is remembered’) becomes important in the postVedic period.

These textual traditions cover many subjects relating to the four kinds of pursuits of life referred to as purusharthas (namely dharma, karma, kama and moksha). In all these texts we find very liberal values and freedom for both women and men.

The setting up of a household is seen as an ideal for men as well as women (though asceticism for learning is equally praised for both). For example, Apastambha Sutra opines that rituals carried out by an unmarried man do not please the devatas (divinities). Similarly, Manusmriti provides that ‘for three years shall a girl wait after the onset of her puberty; after that time, she may find for herself a husband of equal status. If a woman who has not been given in marriage finds a husband on her own, she does not incur any sin, and neither does the man she finds’

Thus, we see that women enjoyed choice in matters of matrimony. It is interesting to note that unmarried daughters were to be provided for by the father. In fact, daughter is stated to be the object of utmost affection. Should a girl lose her parents, her economic interests were well looked after. It was provided that from their shares, ‘the brothers shall give individually to the unmarried girls, one-quarter from the share of each. Those unwilling to give will become outcastes’

With regards to defining contemporary attitude towards women, Apastambha Sutra prescribed that ‘All must make a way for a woman when she is treading a path.’ Later Dharmashastra also makes similar statements.

Yagnavalkyasmriti mentions that ‘women are the embodiment of all divine virtues on earth.’ However, there are several provisions that look problematic.

On one hand, we have reverence assigned to the feminine (divine and worldly) and important roles being played by them, on the other hand we have questionable provisions and descriptions like right to chastise them through beating or discarding.

The post-Vedic phase from 6th century BCE onwards is also rich in literary traditions with ample depictions of women. Interestingly, we have an entire body of literature that is ascribed totally to women who became Buddhist nuns. These are referred to as Therigathas i.e. the Songs of the Elder Bhikkhunis (Buddhist Women who joined the Sangha).

The Arthashastra Gender Perspectives gives us information on women who were engaged in economic activities of various kinds. They formed a part of both the skilled and the unskilled workforce. They were into professional as well as non-professional employment.

Some of their vocations were related to their gender, while the others were not. There were female state employees as well as independent working women. Similarly, some of them were engaged in activities which though not dependent on their biological constitution are nonetheless categorized as women’s domain, e.g. domestic services etc. Some of them were actual state employees, while some others were in contractual relations with the State. For example, we have female bodyguards and spies in the State employment.

Jaiswal suggests that these women perhaps came from Bhila or Kirata tribe. Female spies were not only to gather information and relay it to proper source, but also to carry out assassinations. However, a closer look at the text shows that there were different classes of female spies engaged for different purposes. Amongst others ‘women skilled in arts were to be employed as spies living inside their houses’. Others were required to work as assassins. Some were to the play the roles of young and beautiful widows to tempt the lust of greedy enemy.

We also have various Buddhist and Jaina traditions giving us some glimpses of the ideas and institutions of the times. Apart from the orthodox (Vedic and Brahmanic) and heterodox normative tradition we have many popular texts like the Epics in Sanskrit and Jatakas in Pali.

Even Prakrit language has many interesting narratives and poetic texts. The Therigatha by the Buddhist nuns are an interesting literary source that provides us with a glimpse of various women who attained arhantship or similar other stages of Realisation.

The deliberation on the age and deterioration of the body by Ambapali, the non-importance of sensual or bodily pleasures by Nanda, Vimla and Shubha etc points towards the intellectual and spiritual engagements and attainments of women.

It is interesting to note that an absolutely contrary picture is presented by the Jatakas wherein more often than not, women are depicted as evil. It is important to note that women were given an evil aura mostly in their roles as wives or beloveds.

Both the texts and the archaeological remains have been studied by various scholars and opposing interpretations are not rare. For example, on one side Sita (from Ramayana) and Draupadi (from Mahabharata) have been seen as victims of the patriarchal order; on the other hand, they are also represented as selfwilled women.

Draupadi after the game of dice presents herself as a forceful and articulate woman. It’s her wit that saves her husbands from becoming slaves of the Kauravas. Her incensed outrage at the attack on her modesty, her bitter lamentations to Krishna, her furious tirade against Yudhishthira for his seeming inability to defend her honour and many more such instances show her to be an aggressive woman. This persona is juxtaposed to her representations as an ideal wife elsewhere. However, Draupadi is never idealised as a perfect wife who endures the most severe trials without complaint. This honour is reserved for Sita in the Ramayana. She is also presented as a victim like Draupadi and voices her concern at her fate openly. However, her aggression is directed inwards as indicated by her action against the self which culminate in her union with the mother Earth.

Are the limited number of hymns ascribed to the Vedic women a signifier of their general status? Are the goddesses merely representational with no connection to the ideas and behaviour towards women? Did only princesses choose their spouses? Are the warrior women an exception? Such searching questions need to be addressed with due diligence.

While women studies are a good development there is a need to expand the horizons to include other varieties of human existence. We have narratives of fluid sexuality in various texts. The one year of Arjuna’s life spent as Brihallana and rebirth of Amba as Shikhandi are some interesting instances. The artefacts found at the site of Sheri Khan Tarakai include visibly hermaphroditic figurines. There is a need to understand the notions of the feminine, masculine, neuter, and other forms of gender and sexual identities. These will have ramifications for understanding the ideas of conjugality, family, community, society and even polity and spirituality.

CONCLUSION

Human civilisations were built by men as well as women, however, history writing has a huge male-bias. Women were confined to questions of status and position that were largely evaluated in terms of their roles in the domestic sphere.

Their treatment as wives and widows became a central focus of most research alongside their place in ritual or religious context. This made them peripheral to mainstream history. This was questioned by various scholars from time to time and led to the development of gendered understanding of history. Focusing attention on women’s history helps to rectify the method which sees women as a monolithic homogeneous category. Writing gender history has helped in building an image of the past that is wholesome and nuanced.

Society
e-Governance and Police
Economy
Understanding the Bad Banks-arguments for and against
Science
World Wide Web & Tim Berners-Lee (Who Changed the Humanity forever)

Previous 383940 Next

Editorial – Policy Watch – Parliamentary Committee recommends for a National Policy on Forest Fires !!!

Receive Daily Updates

Recent Posts

Ambedkar’s Dhamma

Context:-

What is LEAF Coalition?

Why LEAF Coalition?

Brazil & India

Tribes, Forests and Government

Way Forward

INTRODUCTION:-

EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935

The Government of India Act, 1935, and Other Acts

The Nehru Report(1928): First Indian Initiative to Draft Constitution

FORMATION OF THE CONSTITUENT ASSEMBLY

The Cripps Mission

The Cabinet Mission

Election to the Constituent Assembly

NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION

THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949

SALIENT FEATURES OF THE CONSTITUION

Universal Adult Suffrage and Abolition of the Separate Electorate

CONCLUSION

Context

Thus Far

The Indian Telecom Irony

Vodafone Tragedy

Vodafone+MTNL+BSNL ?

One Nation One Ration Card

INTRODUCTION

SOURCES FOR UNDERSTANDING GENDER HISTORY

GENDER HISTORIOGRAPHY

POSITION OF WOMEN IN EARLY INDIA

CONCLUSION

e-Governance and Police

Understanding the Bad Banks-arguments for and against

World Wide Web & Tim Berners-Lee (Who Changed the Humanity forever)

Editorial – Policy Watch – Parliamentary Committee recommends for a National Policy on Forest Fires !!!

Share is Caring, Choose Your Platform!

Receive Daily Updates

Recent Posts

Ambedkar’s Dhamma

Context:-

What is LEAF Coalition?

Why LEAF Coalition?

Brazil & India

Tribes, Forests and Government

Way Forward

INTRODUCTION:-

EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935

The Government of India Act, 1935, and Other Acts

The Nehru Report(1928): First Indian Initiative to Draft Constitution

FORMATION OF THE CONSTITUENT ASSEMBLY

The Cripps Mission

The Cabinet Mission

Election to the Constituent Assembly

NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION

THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949

SALIENT FEATURES OF THE CONSTITUION

Universal Adult Suffrage and Abolition of the Separate Electorate

CONCLUSION

Context

Thus Far

The Indian Telecom Irony

Vodafone Tragedy

Vodafone+MTNL+BSNL ?

One Nation One Ration Card

INTRODUCTION

SOURCES FOR UNDERSTANDING GENDER HISTORY

GENDER HISTORIOGRAPHY

POSITION OF WOMEN IN EARLY INDIA

CONCLUSION

e-Governance and Police

Understanding the Bad Banks-arguments for and against

World Wide Web & Tim Berners-Lee (Who Changed the Humanity forever)