Of rights new, and prejudice old: A response to Justice Chauhan’s speech at Madurayam 2022
Ujjaini Chatterji·January 15, 2023 https://theleaflet.in/of-rights-new-and-prejudice-old-a-response-to-justice-chauhans-speech-at-madurayam-2022/ retired Justice Dr. B.S. Chauhan, being one of the key speakers, emphatically stated that women in India need no empowerment because the Manusmriti already granted them all rights.
The shocking statement by a former Supreme Court judge is particularly worrying as it appears to be a part of a growing echo that seeks to replace our secular and democratic constitutional principles of equality and justice with that of the regressive Manusmriti, and hence I feel the need to respond to it.
There is growing disinformation around Manusmriti that is being categorically spread. One such instance I came across was when, in a gender equity forum by BRICS, Union Minister and Parliamentarian Meenakshi Lekhi referred to the Manusmriti to suggest that Manu’s laws gave women the right to succession of property. Thankfully, this blatant misinformation was countered by entrepreneur Anuradha Exwaized, who in turn quoted the precise shlok from Manusmriti that forbade women, sons, and slaves from owning any property. The shlok states that whatever they earn are properties of the man to whom they belong.
Similarly, last year, Delhi High Court judge, Justice Prathibha M. Singh publicly stated that Manusmriti gave women “respectable position” and women were blessed by his laws. She was speaking at an event on the subject – ‘Facing the unseen barriers: Addressing challenges faced by Women in Science, Technology, Entrepreneurship and Mathematics (STEM)’.
the Manusmriti served as the constitutional law of Brahmins and legitimised the absolute objectification and subjugation of women. The Constitution of India introduced the values of equality before law and fundamental rights that were available to all citizens...However, Dr. B.R. Ambedkar, who was the architect of our Constitution and a member of the untouchable Mahar community, continued his struggle for greater freedoms. As the Union Law Minister, Dr. Ambedkar reintroduced the Hindu Code Bill before the Parliament in 1947. These were bills that proposed to grant women the right to marriage, divorce, maintenance, adoption, and guardianship along with the right to own property, the right to equal inheritance as that of men.