Transdisciplinary International

Conference
on
Neoteric Vision of Culture, Ethics
and Heritage
towards Human Dynamics
Intertwining of law and
literature: Tagore’s idea
of Women Emancipation
By: Dr.Kajori Bhatnagar
Charan Tej T.V.
In words of Justice AK Sikri, “Words are simple, they are
like notes making up the music, it’s their arrangement
that leads to a novel complexity, to a symphony, their
arrangement that makes a piece of literature, their
arrangement that composes a judgment.”

Words are simple, they are like notes making up the

music, it’s their arrangement that leads to a novel
complexity, to a symphony, their arrangement that
makes a piece of literature, their arrangement that
composes a judgment.
Whether it’s our Constitution carefully inked by the constituent
assembly, the multiple statutes drafted by our lawgivers, the
articulate arguments of our lawyers creating a story in the
minds of the listeners and the reasoned judgments or orders of
the adjudicator, all embrace a substantial literary aspect that is
hard to ignore. Similarly, literary works contain characteristics of
law in some form or the other. This idea forms the basis of our
paper.

Herein, pedagogical aid from literature in form of Tagore’s

writings is taken to understand the culture existing in his
writings that depict the idea of “a woman” during his times.
This paper explores how Tagore in his earlier writings was more
involved with romanticism and looked at women as sources of
inspiration and imagination and how by the time he wrote his
short story “Nashtoneer” (1903), he had started situating
women in their real worlds, to see them as reasoning and
desiring subjects who were constrained by social rules and
norms.
Being a progressive thinker, his writings often were based on
bold subjects that were far ahead of the time. He strongly
believed in fighting for women’s upliftment using his pen as
a weapon. Focusing largely on emancipation, his writing
campaigned for women’s liberation, equality, freedom,
justice, power and dignity and rights.

In this paper we have broadly categorized Tagore’s portrayal

of women into three broad sections, depicting roughly
transitory period from 19th-20th century where he ranged
from highlighting social injustices against women to women
protagonists who openly challenged social evils like widow-
remarriage, untouchability, rigid caste system and patriarchy
at large.

It is further contended that in contemporary times, Tagore’s

women can be understood as “New Women” who are
emancipated not only in their thoughts but are significantly
supported by law in their emancipation and assertion
• For instance, we have the Constitution of India that not only
grants equality to women but also empowers the State to adopt
measures of positive discrimination in favor of women for
neutralizing the cumulative socio economic, education and
political disadvantages faced by them. Fundamental Rights,
among others, ensure equality before the law and equal
protection of law; prohibits discrimination against any citizen on
grounds of religion, race, caste, sex or place of birth, and
guarantee equality of opportunity to all citizens in matters
relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b),
39(c) and 42 of the Constitution are of specific importance in
this regard.
Along with the constitutional provisions we have legal
provisions under the ambits of Indian Penal Code, such as
the crimes of Rape (Sec. 376 IPC) , Kidnapping &
Abduction for different purposes ( Sec. 363-
373) ,Homicide for Dowry, Dowry Deaths or their
attempts (Sec. 302/304-B IPC) , Torture, both mental and
physical (Sec. 498-A IPC) , Molestation (Sec. 354 IPC) ,
Sexual Harassment (Sec. 509 IPC) and Importation of girls
(up to 21 years of age).

Although all laws are not gender specific, the provisions

of law affecting women significantly have been reviewed
periodically and amendments carried out to keep pace
with the emerging requirements. Such as that of The
Employees State Insurance Act, 1948 , The Plantation
Labor Act, 1951 , The Family Courts Act, 1954 , The
Special Marriage Act, 1954 and The Hindu Marriage Act,
1955
The proposition that we suggest here is that that law alone cannot
function in vacuum in enhancing social conditions and has serious
limits in eradicating social problems. As part of its social function,
law outlines conditions, punishes crimes, and states needs which
are embedded within individual rights, but legislation by itself does
not provide any explanation for its existence, nor does educate to
create awareness and change. As such, law is sometimes perceived
as the will of a few over many and is therefore invalid, or it is
simply ignored or misunderstood. The inference that is drawn
herein is that cultural conventions continue to profoundly affect
human behavior, and in this context, law alone is sometimes an
ineffective tool for development

Law in majority of cases is begotten to have a utilitarian function to

provide and maintain equity and equality among people. It has a
utility in providing and maintaining equity and equality among
genders, especially women where it is required that law provides
even more of a proactive role owing to diverse demographic
outlook of India
• The next of the paper emphasises upon
the Tagore’s portrayal of women in his
works like, Yogayoga, Binodini of Choker
Bali or Mrinmoyee of Sampati who in
today’s time would have certainly got the
protection of law.
• The ideas of emancipation which in literal
terms mean liberation from oppression or
bondage of any kind, hold much
importance to women, for whom it can
be relayed to it can also be taken to mean
escape from narrow gender roles into
which women get typecast and which
perpetuate gender-based inequalities
• In words of Robert Weisberg, “Great literature is universal and general and survives on general
themes and law is one of them. “ It is these general aspects that one would find in literature
void of any specific and definite details. For literature encompassing legal elements is not a
lawyer’s law but a layman’s law. Notwithstanding, at times, literature serves social purpose.
• This marks the contention that we seek to derive from Tagore’s idea of New Woman. It is
debated at various fronts whether Tagore was a feminist, but nevertheless giving his
thoughts a meaning in terms of emancipation , we need to realize, the truest meaning of
woman hood in present socio- cultural setup. The study in this paper urges to understand
the idea of femininity and feminism in terms of claiming equality and not superiority.
Thank You