Gendering Constitutionalism

A Comparative Study of India and South Africa

Abstract

The paper tries to compare constitutionalism in India and South Africa using the lens of ‘gender’. The paper is divided into two sections. The first section compares the role of women’s organizations and their impact during the Constitution-making in India and South Africa. The objective is to introduce the unexplored dimension of “gender” in constitutional history. The context of the constitution shapes the text of the constitution. The context of framing of Indian constitution and South African constitution cannot be understood without analyzing the impact of the organized movement for women’s rights in India (1917-1947) and South Africa (1955-1993) on the texts of their constitutions. The second section compares the provisions of the Indian constitution and the South African constitution to analyze the extent of gender transformation ushered by constitutions in India and South Africa. The paper highlights both the similarities and differences in the context and text of the Indian constitution and South African constitution with regard to the agenda of gender equality.