'There Can Be No True Democracy Without Fullest Participation by Women': Justice Ravindra Bhat

I. Introduction

The recollection of Indian legal history, mirrors the male-dominated, colonially rooted, and strongly casteist backdrop of our legal system. While not a justification, it does explain why unquestionably remarkable trailblazing women – a few of which I wish to speak about on, have been forgotten or rendered invisible when chronicling legal history. Having been kindly invited by Mr. Krishnamoorthi to deliver the inaugural lecture organised by the Shyamlha Pappu Foundation, which is in honour of his mother – who was an indomitable force at the Bar, I thought this topic would be apt for the occasion.

Designated at the record young age of 38 years, Ms. Pappu was an extremely gifted speaker – one who could sway judges with her oratory skills, supported by rigorous understanding of the law. Deeply influenced by the independence movement, she began her illustrious career as a lawyer for the working class and went on to later represent litigants in a variety of women's issues. This brought her in close association with several NGOs to whom she continued to provide legal services. But her contributions cannot be limited to just this – having been a senior lawyer in the formative years of the Supreme Court, her participation in many matters have definitely contributed to its early jurisprudence. Her enduring emphasis on the directive principles of policy and their importance deserves special mention. A little-known fact about her, is that outside the courtroom where she displayed her oratory skills, she was also an extremely talented singer!

My first interaction with Ms. Pappu was in January 1981, when I was asked to present myself before the ASR Memorial Charitable trust, which used to confer a kind of annual award to legal scholars. Having been chosen, I went to the office of the trust, where Ms Pappu interviewed me. I do not recollect anything about what she asked me, but what stuck with me was that she was extremely kind. A year or so later, when I entered the legal profession, she was the only woman Senior advocate at the Bar for quite a while. Once she came to know that I had some connection with Karnataka, she always claimed that affinity with me.

This lecture today, is my attempt to draw attention to some of those incredible women who shaped the law, and its making, and remind us of their immense contribution. This is in the hope that it will inspire you all to read more about them and bring their stories to the mainstream, where they rightfully belong. To start off, I'll begin from the late 1940s – the constituent assembly debates; and in the second half of my address, speak briefly about some women lawyers who despite revolutionising the legal profession and even the judiciary, do not occupy the space they deserve in our conventional knowledge, currently.

II. Constituent Assembly Members

Only fifteen women members were part of our male dominated Constituent Assembly. The efforts and contribution of these women has been overshadowed, often forgotten while talking about the Constitution-making process. This is further complicated by the lens of caste, region, and economic class. Today I wish to speak briefly on a few of them, to showcase the important cross-section that they represented, the essence of their struggles, the dissents made by them and consequently, its results which have had an enduring effect in the shaping of our Constitution and nation-building.

A. Durgabai Deshmukh

I'll start with Dr. Durgabai Deshmukh.

Durgabai Deshmukh was a fierce rebel. She refused to accept societal limitations imposed on her, choosing to always take matters into her own hands. When she was eight years old, she was married off to a man much senior to her, in age. Within a few years, she not only convinced her family to allow her to break away from the union, but also re-started her education. A few years later, while applying for an M.A. in political science, Andhra University regretted its inability to grant her admission as there was no women's hostel. Durgabai promptly put in an advertisement in the local newspaper, rallied a few women and started her own hostel. The result was a first-class degree, with the prestigious Tata scholarship to study at London School of Economics.

Durgabai's spirit of fighting against all odds to do the right thing, combined with her dedication to social upliftment, gave her the title of 'Mother of Social Work' by Indira Gandhi. She had the distinction of being the only woman member in the Constituent Assembly's Panel of Chairmen, and the Select Committee on the Finance Bill. Through her participation in the Constituent Assembly Debates, she reportedly moved 750 amendments. She was also inducted into the Central Social Welfare Board of the Planning Commission. For her rich contribution to social work, she was awarded the Padma Vibhushan in 1975.

Today, I would like to draw attention to three areas in which she worked tirelessly for the upliftment of women and children. First, being the historic abolishment of the devadasi culture in Madras by way of legislation; second, her pioneering work in establishing the Andhra Mahila Sabha; and third, her insightful observations in the Constituent Assembly Debates, and how relevant they are even today.

1. Abolishment of Devadasi Culture

The devadasi culture involved dedication of young, pre-pubescent girls (considered 'pure' before onset of menstruation) to temples as the idol's "wives". Such girls were not allowed to marry and were not compensated for their services. Durgabai knew, from a very young age, that the devadasi culture was fundamentally a tool to suppress their autonomy and subject them to a life of servitude and prostitution, masking as an important 'tradition' for centuries.

When she was 12 years old, Durgabai rallied the devadasis of her village in Kakinada to meet Mahatma Gandhi. When the organizers of Gandhi's tour placed an unreasonable demand of INR 5,000/- as a condition precedent (a huge sum in 1921!) she persevered, and raised the funds to grant devadasis an audience. Durgabai was spurred further in her mission by meeting her idol, the social reformer Dr. Muthulakshmi Reddy, and assisted her in abolishing this social evil by way of the Madras Devadasi (Prevention of Dedication Act), which was passed in 1947.

2. Andhra Mahila Sabha

A true Gandhian, Durgabai quickly mastered the Hindi language in 1921 in order to teach it to volunteers of the Indian National Congress in Kakinada. What began as sporadic lessons quickly transformed into a full-fledged school for girls called Balika Hindi Pathshaala. This slowly expanded to the setting up of several other institutions for women, such as the Mahila Vidyalaya, the foundation stone for which was laid by Mahatma Gandhi. Collectively, these institutions on education, healthcare and housing for women came to be known as Andhra Mahila Sabha. Today, it has developed into one of India's largest charitable organizations, doing tremendous good for social benefit.

So powerful was her influence, that it gave women confidence to emulate her actions. At age 15, Durgabai's father had passed away. The prevailing custom was for the widow to shave her head. Durgabai's relations who had come to pay condolences pressured her mother to observe the same. Yet again, in a display of fiery defiance, she recalls the experience thus:

"I protested against this and told them that if they persisted in their demand they had better get out of the house. My mother had lovely, long hair. She was good-looking. I requested her to resist the demand, and finally she did not yield to the pressure. Since then, I found her example being emulated in several families in the neighbourhood".^[1]

Her generosity extended to all, even transcending what could've otherwise been, uncomfortable relationships. When her erstwhile husband passed away, leaving behind a widow, she took it upon herself to make her self-sufficient, by providing her an education and vocational skills at Andhra Mahila Sabha. Durgabai had an indomitable spirit, she continued her efforts even when faced with the threat of physical violence – she once approached the employers of several wife beaters in the area and implored them not to continue the services of those men.

3. Constituent Assembly Debates

Having been a freedom fighter, actively rallying women satyagrahis and participating in salt satyagraha and Civil Disobedience Movement, Durgabai's contributions in the Constituent Assembly Debates were insightful, as they proposed to correct the many societal ills she had spent her whole life battling – from jail reforms to utilization of taxes for social welfare. One such debate was on having a clear provision in the Concurrent List of the Draft Constitution of India for the protection of children and youth from exploitation and abandonment. The Draft Constitution of 1948 envisaged the same as a 'Fundamental Duty' under draft Article 31, thus not making it legally enforceable. To this, she submitted^[2]:

"Unless the State undertakes a direct responsibility there will be no good. It is open to the State to come forward and make some subsidy or give some donation or some contribution to an Association either started by private enterprise or by a philanthropist for the protection of infants. We know how these associations are struggling for their daily existence and for lack of fund they are not able to get on well and in this manner these poor homes could no longer serve the cause of poor children. I do not know what kind of help they will get if the State does not take direct responsibility. This is not a matter which could be left to private enterprise, but the State must take direct responsibility. There is no good in our stating the Directive Principles, which will remain as pious declarations unless given effect to by the State."

This reasoning remains relevant even today. While we have come a long way since ensuring that our children are provided essentials as a matter of 'right' and not 'charity', very often the infrastructure and development of systems that support such children are unable to do so due to lack of funds. It then becomes crucial for the State as the guardian of such children, to step in. Durgabai saw the potential of our children when supplied with the correct tools, thus ensuring a better future for our nation. It should be our endeavour to build on such a vision and continue her good legacy.

(Conclusion on Durgabai)

In her autobiography 'Chintaman & I', which is a delightful book about her life and marriage with Sir Chintaman Dwarkanath Deshmukh, independent India's first Governor of RBI and subsequent Union Finance Minister, Durgabai presents her more 'human' side. She provides a glimpse of some of her insecurities – one would think that such an accomplished woman would have none – and how she overcame them. One such, which I was surprised to read about, was the 'unevenness' of her marriage with Sir Deshmukh. She was made to feel that her lack of 'finesse' would render her an unsuitable partner for her husband. She recalled that:

"When Chintaman and I were married, in 1953 many friends and relations remarked on the difference in our habits and ways of life. They compared the blunt and outspoken Durgabai with the suave and 'westernised' C.D. Deshmukh. How, they wondered, would I, who had no social graces nor cared for them, get along with Chintaman, who was the very embodiment of style and grace".

In her usual, disarming nature, she broke down these foolish prejudices. Her good reputation meant she made acquaintances far and wide, even with the legal circles. In fact, we have Durgabai to thank for initially scaling up our Supreme Court library - Chief Justice Kania had especially requested her to speak to the then Deputy PM, Sardar Vallabhai Patel, to increase the budget allocated from INR 50,000/- to INR 1 lakh in 1950!

B. Dakshayani Velayudhan

Even amongst the fifteen elected women, only one Dalit women was elected - Shri Dakhayani Velayudhan, a fascinating woman with a remarkable lived history. Not that she needs validation of any kind, but she enjoyed the admiration of the 14 other female members, who were no doubt upper-caste, privileged and western educated, for her intellectual interventions against social injustice and dedication towards inclusive governance in the assembly debates.

Given that she challenged the existing caste hegemony in numerous ways, it is more than fitting that she was named "Dakshayani" which is another name for Goddess Parvati, believed to be reserved for the upper caste. Her list of firsts, is lengthy, and each entry more impressive than the last: she was the first dalit girl to attend school wearing an upper cloth, the first dalit woman to graduate college in India; a science graduate, she was a nominated member of the Cochin Legislative Council and subsequently the Constituent Assembly of India. But in addition to these, what seem like simple actions, were deeply symbolic in questioning these hierarchies: for instance, she was known to neither walk with shoulders bent (as was expected of Dalits), nor make way for upper castes while walking on the road.

A staunch follower of Gandhi, she strongly opposed untouchability but believed that as long as it was practised, the word 'Harijan' (which was popularized by Gandhi) would remain irrelevant. In the Constituent Assembly she asserted that the best way to address it was through sustained state propaganda and not through punishment. Refuting the notion of Dalits being a minority community she was the view that "the Harijans are Indians and they have to live in India as Indians and they will live in India as Indians". Decentralization is the dominant and perhaps most impactful theme, that one can find in her contributions to the constituent assembly debates. Her firm belief was that the Constitution ought to be kept free of any form of centralization of authority and there are two ways of making India a strong unit, one is by the method of centralization of power and the other is by decentralization, but centralization is possible only through parliamentary system which now goes under the safe words 'democratic methods'. She was also against the formation of Centrally Administered Areas under the new Constitution because she was of the view that British kept these areas simply to have military rule in the country. Her undying faith in inclusive governance is expressed in her campaigning for the spirit of freedom, equality and protection of rights as enshrined in the Constitution.

During the debate on the objective resolution, Dakshayani's stand ran strong: she staunchly expressed that communalism was antithetical to nationalism. Further she believed that the emancipation of harijans depended on adopting a set of moral safeguards and that they would be free only in a Socialist Republic. Attacking the separatist tendencies, which were prevalent during that time, she emphatically expressed her conviction - that in the Indian Republic there will be barriers based on caste or community, but appealed to the Harijan delegates of the Constituent Assembly to not harp upon separatism as it would render the assembly a laughing stock, for our future generations. While discussions were going on the Report on Minority Rights she was against any separate electorates or reservations for the Harijans and also she was not in favor of any kind of reservation in any place whatsoever which is reflected in her own words while delivering her speech in the Constituent Assembly as:-"It is just because the British Imperialism has left some marks on us and we are always feeling afraid of one another so we cannot do away with separate electorates. This joint electorate and reservation of seats also is a kind of separate electorates" and the way Harijans coud do better was by joining with the majority community and not depending on the votes of their own community. This was expressed on the occasion of the Election of the Advisory Committee wherein she articulated that Harijans also belong to the Hindu fold and have every right to represent the Hindus in the Muslim Provinces.

She strenuously supported the fundamental right pertaining to freedom from 'forced labour' and in the assembly asserted that this freedom would bring about an economic revolution in the fascist social structure existing in India. While some of her views have aged differently, and may be articulated differently in present times, one of the takeaways that I hope you will have is her firm view that our constitution is people-centric; she had said: "the working of the constitution will depend upon how the people will conduct themselves in the future, not on the actual execution of the law", which is a statement that runs true today, more than ever.

C. Rajkumari Amrit Kaur

Next, I want to talk briefly about Rajkumari Amrit Kaur.

Rajkumari Amrit Kaur had inherited much of her nationalist fervour from her father. Her interest in politics was aroused due to the frequent visits to her father's house, of many stalwarts of the Congress Party, particularly Gopal Krishna Gokhale. It was Gokhale perhaps who left a deep impression on the young mind of Rajkumari. This is evident from her own acknowledgement as she had, referring to Gokhale, once remarked:

"The flames of my passionate desire to see India free from foreign domination were fanned by him."

After joining politics, she took an active part in the salt campaign and was arrested as a consequence several times in Bombay. A true patriot, she condemned the 'Communal Award' given by Ramsay Macdonald when he was Premier in 1932, regarding the political rights of major and minor communities in India. Opposing the Award she moved the following resolution in December 1932 at the All India Women's Conference (an organization which she had co-founded):

This Conference stands united (i) in its protest against the communal award as touching the womanhood of India, and (ii) in its demand for a system of joint electorate.

Rajkumari Amrit Kaur came under the influence of Mahatma Gandhi early in her life, during the days of martial law in 1919, soon after the Jallianwala Bagh tragedy, and became one of his closest disciples. She threw herself into movements aimed at the emancipation of women in general and Harijans of Simla in particular. A silver tongued orator of high order, she delivered a number of political speeches at various platforms espousing the philosophy of Gandhiji. Finally, in 1934, after always having been considered too attached to the 'material' aspects of life, she succeeded in shedding that perception and joining Gandhiji's Sewagram Ashram. Subsequently, for sixteen years, she worked as Gandhiji's Secretary. During this time she campaigned for opening of more girls' schools and abolition of child marriage and polygamy.

As a member of the Constituent Assembly, she made important contributions through her speeches and debates, and was selected as a member of several committees, including the Sub-Committee on Fundamental Rights, Sub-Committee on Minority Rights, Finance and Staff Committee, Advisory Committee and Provincial Constitution Committee. Her riveting speeches on the pitiful condition of women in the country, and an urgent need to address the same, drew attention and support for the Dowry Prohibition Bill and free education of the girl child.

She is perhaps best known for revolutionizing the Indian Public Health sector. After independence, the Prime Minister Pandit Jawaharlal Nehru invited her to become a Member of his Council of Ministers. She thus acquired the distinction of being the first woman member of the Indian Cabinet after independence and held· the portfolio of Health from 1947-1950 and again from 1950-1957. As Minister of Health, she worked earnestly and with all the zest and devotion for the betterment of the health of the people.. It was as a result of her dedicated efforts that the All India Institute of Medical Sciences (AIIMS) in New Delhi came into existence. While piloting the AIIMS Bill in Lok Sabha on 18 February, 1956, she had observed:

It has been one of my cherished dreams that for post-graduate study and for the maintenance of high standards of medical education in our country, we should have an Institute of this nature in India which would enable our young men and women to have their background with the necessary experience that we would like to have of work in villages and the impetus that we would like to give to them to do research in the various spheres of medical education .... This is a pure, honest attempt to bring to this country good standards of medical education and to make them available to all.

Additionally, in 1954, Rajkumari set up a Committee to study all aspects of nursing service and education. In her speech made on the Indian Nursing Council Amendment Bill in the Rajya Sabha on 18 November 1957, she said:

"The question of status of the nursing profession, the question of giving gazetted status to nurses occupying high offices in the State is something for which I worked very hard. Maintenance of a high standard of nursing is very necessary".

D. Hansa Mehta

Rajkumari's vision for empowerment of the women of India was shared by many, including the powerhouse Hansa Mehta, who was introduced to the Indian Freedom Struggle by Sarojini Naidu in 1920. Like Rajkumari, Hansa Mehta also led the All India Women's Conference as President in 1949. She joined Rajkumari as a member of the Advisory Committee, Sub-Committee on Fundamental Rights and Provincial Constitution Committee. She also served as a member of the United Nations Sub-Committee on the Status of Women, and was Vice-chair with First Lady Eleanor Roosevelt on the United Nations Universal Declaration of Human Rights Committee. Her efforts in UNHRC led to the successful change in the text of Article 1 from, "All men are born free and equal" to "All human beings are born free and equal."

When the draft of Article 15 of the Indian Constitution was being debated in the Advisory Committee, a problem arose as to the framing of the Article in such a manner which would provide for non-discrimination of citizen while simultaneously also giving separate rights to women and children.^[3] Some of the male members of the Assembly were not in favour of making special provisions for women contesting it to be a discrimination against men. Several objections were raised, but Hansa Mehta and Amrit Kaur were firm in their objection of not excluding the words "sex" from clause 2 of Article 15.^[4] As the result of this dissent, a proviso was added which stated that, "Nothing contained in this clause shall prevent separate provision being made for women and children".^[5]

Both Hansa Mehta and Amrit Kaur objected to the draft Article 25 on the ground that several customs such as pardah, child marriage, polygamy, unequal laws of inheritance, prevention of inter-caste marriages, etc. would subsist. They argued that no clause in the fundamental rights should make it impossible for future legislations to wipe out these societal evils in the future. As a result, the words "right to practice religion", as was originally drafted, was replaced by "freedom of religious worship".^[6]

Hansa Mehta continued to champion women's rights outside of her participation in the Constituent Assembly. She attempted to end the stigma surrounding birth control and use of contraception by spreading awareness of its forms to women. In the field of education, she established the Lady Irwin College for Women in New Delhi, and had the distinction of being the first woman Vice-Chancellor of an Indian university. She also ensured female representation in the Bombay Legislative Council, having won its elections in 1937 and working as its member for twelve years.

(Conclusion to Part I, on Constituent Assembly members)

Many in and out of public life today may discredit or misunderstand those who waded through those testing times of framing the Constitution: but we must remember that while some of their positions and decisions may be considered unfashionable today, these are contributions of those who strove to make our nation a vibrant democracy, with equality and liberties for all - which cannot be forgotten or erased from history. Durgabai Deskhmukh, Dakshyayni Velayudhan, Rajkumari Amrit Kaur, Hansa Mehta, and many others like Annie Mascarene, Sucheta Kripalani, Purnima Banerji, and Malati Devi Choudhary to name a few more, carried the heavy burden of representing a large cross-section of society that had myriad views - whether agreeable to us now or not - and their presence at the drawing board itself, though inadequate, was transformational for the Constitution-making process.

III. LEGAL PROFESSION - WOMEN LAWYERS AND JUDGES

When it comes to the history of the legal profession and women's participation, there are of course many examples. The most well-known perhaps being Cornelia Sorabjee who was the first female graduate from Bombay University, the first woman to study law at Oxford University where she graduated in 1982 but was not awarded a degree as women could not register as advocates. She was later called to the bar in Britain in 1992, before enrolling as a Barrister in Calcutta, giving her the distinction of not only being the first female advocate in India, but also in Britain.

Another absolutely fascinating personality, who is perhaps less heard of, is Mithan Lam, who became the first woman to be allowed to practice law in the Bombay High Court, in 1924. But more than her role at the bar, she left an indelible mark in the female suffragist movement and fight for gender equality in India.^[7] Influenced by Sophia Duleep Singh, an ardent feminist and suffragist in Britain - who she met by chance, she advocated for women suffrage as being equally important to the fight for independence, and challenged notions that they were mutually exclusive. At the young age of 21, she and her mother, Herabai Tata, were part of the delegation that went to the British Parliament to impress upon them to include female suffrage in the Montagu-Chelmsford Reforms. While they were not immediately successful, it sowed the seeds - female suffrage was going to be left to the discretion of the Indian provinces - which both Bombay and Madras granted as limited franchise, in 1921. It was this journey in fact, that led her to the law. Recollecting what it was like to be only woman at the Bombay bar, she said: "I felt like a new animal at the zoo, with folks peeping through doorways… as soon as my shadow crossed from the library to the common room, there would be an uncomfortable silence, making me feel even more self-conscious". Ironically, it was this misogyny itself that apparently gave her her first court appearance - her client wanted his opponent to feel the humiliation of being defeated by a woman. But soon thereafter, she became a formidable name in the profession and played a huge role outside the courtroom as well in shaping legislation for marriage and inheritance, and social work in developing infrastructure in slums, helping with the resettling of partition refugees, and other activities of the All India Women's Conference. In 1947, she even became India's first female sheriff.

But before all this - how is it that women entered the profession at all? For this we possibly have Ms. Regina Guha and Sudhanshubala Hazra to thank.^[8] After completing her MA in 1913, and a Bachelor of Law in 1916 from Calcutta University, Ms. Regina Guha submitted an application to be a pleader in the District Court of Alipore - ruffling more than just feathers. The legal profession was a gentlemen's club, where women were simply not welcome. Much like other contemporary cases around the world where women were seeking to be considered as 'persons' under the statute governing lawyers, Regina Guha was the petitioner in India. Her application to be a pleader was heard by a special 5 judge-bench of the Calcutta High Court, which determined whether the Legal Practitioners Act contemplated women lawyers. Despite relying on the General Clauses Act, which states that "words importing the masculine gender shall be taken to include female", her arguments found no favor with the bench. Five years later, Ms. Sudhanshubala Hazra after overcoming many hurdles, similarly submitted an application to be a pleader in the Patna High Court. It is said that the courtroom at the time, was packed - with the Vakil Association of the High Court, staging a protest. Her application too, was rejected; a woman although fully qualified, could not be enrolled under the Legal Practitioners' Act, as her 'sex' did not render her to be a 'person' under the Act.

With the Sex Disqualification (Removal) Act 1919 being passed in Britain, and Cornelia Sorabjee being allowed to be enrolled as an advocate - a focussed campaign to amend the Legal Practitioners Act, was kickstarted in India by Sudhanshubala's adoptive father - Madhusudan Das (known as architect of modern Orissa) and her sister - Sailabala Das. Interestingly the common argument for these lawyers fighting to enter the profession, was that in a country where purdah system prevails, they must be allowed to represent these women who otherwise cannot instruct a lawyer of the other sex properly, and thus suffer. Finally in 1923, the Legal Practitioners (Women) Act was finally passed, removing disqualification of women from the profession, although the first petitioner Ms. Guha, had unfortunately passed away by then.

Similarly, within the judiciary as well, we have numerous examples. From M. Fathima Beevi who was appointed in 1989, making her the first female judge to be a part of the Supreme Court of India, and the first Muslim woman to be appointed to any of the higher judiciaries in country; to late Justice Leila Seth, who held the distinction of not only being the first female Chief Justice of a High Court, but also that of being the first woman lawyer to be designated as a senior advocate, by the Supreme Court.

• A. Anna Chandy

Like this, there are many remarkable lawyers that paved the way, but today my attention is focussed primarily on Anna Chandy - a fascinating writer, activist, lawymaker, lawyer, and judge, who broke the glass ceiling clearly in more ways than one, but does not quite enjoy the same limelight as the others.

Perhaps as a result of having been raised by an all-woman family, influenced by matrilineal traditions followed in Travancore's Nair community, Anna Chandy was fiercely feminist, in many of her beliefs. She benefited from the push in women's education and literacy at the time in Kerala. As the only woman in class, she routinely faced humiliating mockery and attracted the ire of her male classmates and professions, but this did not deter her from graduating with a distinction in 1926, as the first woman in Kerala with a law degree.

Her journey in the legal profession began in 1929 when she joined the bar and soon rose to fame as an eminent practitioner of criminal law, and champion of women's rights through her nuanced writing and arguments. She was appointed as first grade munsiff in 1937, making her the first Malayalee woman to hold that position. In 1948 she went on to become a District Judge, and in 1959 – she was India's first female High Court judge, and one of the first female judges in the Anglo-Saxon world, next to Emily Murphy. She retired in 1967 but continued to push for social reform as a member of the Kerala Law Commission. She did not stop at just the law, and even dabbled in politics. We must not overlook that women who actually dared to contest elections faced almost insurmountable obstacles. Anna Chandy, was no exception. Contesting in 1931, she faced brutal mud-slinging, and when she lost the elections, the Malayalarajyam - the leading newspaper, wrote an editorial, full of unadulterated sexism. However, she was later elected for the period 1932-34, prior to being appointed as munsiff.

As a judge, she passed numerous important judgments which reflected an extensive understanding of the law – with unwavering emphasis on the dignity of the individual and rights of the accused^[9]. Her forte was undoubtedly, criminal law, over which she had a brilliant grasp; however, her judgments spanned a wide range of subject areas including company law, prevention of food adulteration, etc. These judgments reflect her impressive ability to critically analyze diverse areas of law and articulate lucidly by relying strongly on logic.

When it came to criminal law, her conclusions were always grounded on a high threshold for evidence, and she was unswayed by the seriousness or heinous nature of the crime. She strived to balance the principles of natural justice, with the need to prosecute and punish criminal offenders, and placed the burden of proof squarely on the prosecution^[10]. Woefully aware of the lack of proper representation and dismal conditions faced by the accused in our legal system and society, she consistently respected the rights of the accused and ensured their protection to a fair trial. In one case^[11], rebuking sessions judges from appointing inexperienced lawyers to defend those accused facing capital penalty she noted that the legal system was such that the accused are overwhelmingly under-privileged, and they deserved not just a right to counsel, but also to a competent one. She also went so far as to hold that if an accused unfortunately had an inexperienced counsel, it was the court's "primary duty to come to the aid of the accused by putting timely and useful questions and warning the advocates from treading on dangerous grounds", rather than take advantage of the defects resulting from an inexperienced advocate defending an accused. In her judgments, she emphasized the right of accused to know the charges against him^[12], so as to defend himself, and was incredibly sensitive to those who had a different or innately suspicious relationship with law enforcement. For instance, in another case^[13], she held that the mere act of fleeing or absconding, in itself cannot be a sign of guilt and each case would have to be judged on its merit. In this manner she laid down a strong rights-based jurisprudence in criminal law, the principles of which have had an enduring effect and continue to be extremely important considerations. She decided other important questions of criminal law such as: the prerequisites for establishing common intention under Section 34 of the IPC^[14], threshold of intoxication that would preclude mens rea^[15], among others. In one case she even found that the absence of premeditation, the death penalty in case of murder would be excessive.^[16]

But perhaps most impressive, was her passionate and powerful articulation of women's rights - both in her advocacy, and in writing. Anna Chandy had strong views that were more often than not met with shock and outrage by members of society, including public intellectuals and women themselves – but it never deterred her from expressing them. She wrote a periodical Shrimathi where she regularly campaigned for women's status as a distinct group and expressed her extremely nuanced and well-argued views about women's role in society, within the domestic realm, outside of it, their relationship with work outside the home, among many other aspects. Her autobiography was later serialised in the Malayala Manorama in 1971 and published under the title of Atmakatha in 1973, which remains a treasure trove for understanding her contributions.

1. Women's reservations: A marked difference from constituent assembly members like Rajkumari Amrit Kaur or Dakshyayni Velayudhan,, in the public arena Anna Chandy argued for women's status as a distinct group and actively campaigned for special measures, almost two decades before it was written into our constitution. In 1932, Anna Chandy was arguing for proportional reservation in government jobs for women and demanding the status of a depressed community for them. Women-members of legislatures and women's deputations were making frequent requests for fair representation of women in public bodies and service. But this was not universally supported – in fact, she faced severe backlash from women themselves, but she always stood steadfast in her positions and convictions.

2. Autonomy over body: Her understanding of equality - based on the twin concepts of autonomy and dignity^[17]- was far ahead of her times, given that it was only expressed by our Supreme Court, some 75 years^[18] later. While she initially advocated for birth control through self-control in the 1920s, she went on to make a resolution at the All India Women's Congress meeting in Trivandrum in 1935 asking the government to establish birth control clinics across the country, disseminate information or make it available to those who were seeking contraceptive advice through the state machinery – municipalities, and other such institutions. Her advocacy for contraception was pioneering in those times, as it was based on a feminist conception of women's control over their own bodies. She challenged the notion that women's bodies existed solely for men's pleasure and argued against provisions in the Kerala Civil Procedure that denied women their agency. For instance, she campaigned strongly against the husband's right to file for restitution of conjugal rights. She also fought against the exemption of women from the punishment of death penalty, in an attempt to break the infantilising presumption that a woman cannot assume criminal responsibility. Much later, in dissent note as a member of the 42^nd Law Commission, she argued that a woman must be equally made culpable for engaging in adultery, which is punishable by Section 497 of the IPC. However, while she argued for equal culpability, she did not urge decriminalisation of the act – for she believed that society at large, had an interest in securing the institution of family, which was also evident from her insistence that the right to abort, was a limited one. Strangely, here was a pioneering female voice who both advocated a pro-choice approach to women's autonomy, but only to the extent of contraception, and not when a foetus was involved - wherein it turned to a pro-life approach, given her deeply religious upbringing. Regardless, it is important to remember that for her to have these ideas and campaign for them in the first half of the 20th century, was a feat in itself - given that they still continue to be subjects that have captured the attention of public discourse in the 21st century.

3. Government jobs for all women: – For women like Anna Chandy, participation in public life meant that women could work, enjoy unrestricted access to a labour of their choice, but this was not true for all. In what is now seen as a famous intellectual sparring, Anna Chandy refused to accede to Velu Pillai, a well-known male legislator, intellectual and writer, who insisted on making a woman's marital status the basis for determining her access to employment as it would disturb their marital duties, concentrate wealth in the hands of few families unfairly and negatively affect the self-respect of their husbands. She wondered aloud if women who desired to work should therefore be denied the joys of love and a familial existence. She argued that such an approach would in fact lead women to not marry – which would attract even more stigma. Allowing them to work, would only benefit the family where the husbands may be ill or old. But most importantly, she rubbished the contention that an earning woman would affect the self-respect of her husband, arguing that both women and men are entitled to equal respect. Her training as a lawyer came in handy as she systematically rebutted every point made by the revered Velu Pillai. Interestingly she does not argue, as one would expect her to, that work will not de-feminize women. Rather, through a skilful rhetorical move, she neatly de-links love and marriage from work and domesticity. She also re-states the relationship between labour and femininity by invoking an expansive world of work, which awaits women and is necessary for their progress. It is no secret that on these aspects, she did not enjoy the support of other women, who in fact supported Pillai's stance in this debate.

(Conclusion on Anna Chandy)

What I find most compelling about Anna Chandy, is that she was a trailblazer, like none other because not only did she write prolifically on these contentious topics unwaveringly, but she adopted this rights-based approach even in her role as an advocate, and as a judge. Every position she took, expressed this vision - of equality and dignity for women, procedural justice and protection of an accused, the importance of a fair trial, etc. The full magnitude of her brilliance was perhaps not even understood back then. Her convictions were astoundingly brave, and it is really such a shame that we don't talk quite as much about her, in our mainstream discussions of Indian legal history.

IV. Conclusion to speech

These women came from different backgrounds, regions, etc. but all felt strongly for the values of equality and that all demographics have an equal role in the building of a new India. All shared a common vision: that the goal of equality is crucial for the realization of our freedoms, and that there can be no true democracy without fullest participation by women, in every sphere of activity, that men were engaged in. Each of them shared the vision of all other members of the constituent assembly that the constitution spoke for and was for the people, who were its ultimate guardians, that adult universal franchise - a long cherished goal, had to be guaranteed, and that the nature of the state had to be to alleviate millenia old repression and exploitation of large segments of the society. Gaining as the Assembly did, from the lived experience in other democracies, specific safeguards against discriminatory practices - be they grounded on caste, place of birth or residence, or gender, race or religion, was guaranteed, and also guaranteed in relation to public employment. The specific provision with respect to making women and child promotion or protective policies, was meant to ensure women empowerment. These pioneering women had the foresight and vision to peer into the mists of the future, and create structures which gave to what has shaped out to our today, which hopefully, will open up to an even better tomorrow and hereafter.

I would end this talk with the sobering reflection that it is our duty to go back and learn from the inspiring lives of these pioneering women, who gave up so much and overcame multiple barriers, to gain our country freedom and to ensure future generations a better, safer and prosperous society, with no expectations for themselves. To work and build upon their ideas and live up to their goals, would be the best tribute that we can strive to give them.

I would also quickly like to thank the many lawyers, scholars and journalists who are actively working to research and write on these remarkable women and bring their contributions to light; I benefited greatly from their research and writing, in the preparation of the material for this speech. Thank you.