Pre-constitutional period means period before the enactment of the Constitution of India i.e. 26th January, 1950 across India. It includes the British Rule era and period between 15th August, 1947 and 26th January, 1950.
During British rule the position of wife in
household was at sorry level. The women were dominated in domestic sphere.
Literacy rate was also very low, hardly 1 out-off 100 women was able to read and write. Evil
social practices, dogmatic religious beliefs, inhuman superstitions and
sinister customs caused the maximum degree of deterioration. Child marriage,
enforced widowhood, sati, Devadasi, purdah, burkha, dowry, female infanticide
and the practice of polygamy made the Indian society static. One sect of the
society was having easy provisions of divorce but in the majority the provision
for divorce was not present.
During the
communal tensions between the religious groups, only the women were victims of
sexual violence. During such riots, specifically in Madras precidency, if a
pregnant woman was caught then the rioters use to cut her belly and let her to
die. Age old women were killed by these rioters. Female children, young girls
and other adult women were raped heinously. Also in some parts during such
riots, specifically during partition, in the area of Punjab and Bengal, the
women were disrobed and forced to walk in front of rioters and then they were
gang-raped brutally. British rulers were not able to handle such communal riots
and such incidences took place many times even after 1900.
The
majority religious group was practicing some things such as child marriages, enforced
widowhood, sati, Devadasi, purdah, etc. But the social reformers such as Raja
Ram Mohan Ray, Iswar Chandra Vidyasagar, Savitri Bai Phule, Mahatma Jyotiba
Phule and others protested for the abolition of such practices and they
stressed for the women education and widow remarriages. Their efforts were
accepted by the majority religious groups.
The
majority religious group accepted the reforms Sati’ was legally abolished in
December, 1829. After the abolition of ‘Sati’ the Britisher’s realized the
pitiable conditions of the Hindu widows and enacted the Hindu Widow Remarriage
Act in 1856. The Hindu Woman’s Right to Property Act was passed in the year
1937. It intended to improve the position of widows in respect of property. The
Child Marriage Restraint Act was passed in 1929. This Act penalized the
marriage of girls below fourteen and boys below eighteen years of age. They
accepted the reforms and many inhumane practices were abolished and many Acts
in favour of Hindu women were passed. Also for these reforms Hindus supported
to the protests and then government was forced to pass the enactments.
Some religious
groups were against such reforms and from such groups practices like polygamy
were not reformed, because no one was there to protest against such practices.
And still there are some sects in the society where polygamy, dowry, no
education rights, child marriage, etc. are practiced which are heinous.
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