Why is it in News?

The One Hundred Twenty-Eight Amendment Bill 2023, also known as the Women Reservation Bill, has been presented in the Lok Sabha. This bill aims to allocate one-third of all seats for women in both the Lok Sabha and state legislative assemblies.

The Historical Background of the Women's Reservation Bill:

• The demand for political reservation for women has been a longstanding one, dating back to the pre-independence era.
• Various committees have advocated for women's political reservation.

A Brief Journey of Women's Political Reservation:

• During the National Movement, in 1931, three women's organizations sent a letter to the British Prime Minister requesting political reservation for women.
• In the Constituent Assembly debates, the issue of women's reservation was discussed.
• However, it was rejected on the premise that a democracy should provide representation to all groups.
• In 1971, the Committee on the Status of Women in India and in 1988, the National Perspective Plan for Women both recommended reserving seats for women in local bodies.
• These recommendations led to the 73rd and 74th amendments to the Constitution, which mandate that all State governments reserve one-third of seats for women in local bodies.
• Nonetheless, the matter of reservation in the Parliament and Legislative Assemblies remained unresolved until the introduction of the Women's Reservation Bill.

Historical Progression of the Women's Reservation Bill:

• 1996: The Women's Reservation Bill made its debut in 1996 as the 81st Constitutional Amendment Bill under the Deve Gowda government.
• It was referred to a parliamentary select committee led by Geeta Mukherjee. However, the Bill expired with the dissolution of the Lok Sabha due to a lack of consensus, particularly regarding reservation for OBC women.
• 1999: The NDA government revived the Bill in the 13th Lok Sabha and presented it twice in 2003.
• Unfortunately, these attempts to pass the bills were unsuccessful, resulting in their expiration.
• 2004: The UPA government incorporated the reservation bill into its Common Minimum Programme and placed it in the Rajya Sabha to prevent it from lapsing once more.
• 2010: The Women's Reservation Bill, initially introduced as the 108th Constitutional Amendment Bill in 2008, was successfully passed in the Rajya Sabha but lapsed in the Lok Sabha.
• Its most vocal opponents included the RJD, the JD(U), and the SP, who advocated for 33% reservation for backward groups within the 33% women's quota.

Arguments in Support of the Bill:

• Enhancing Women's Political Representation: India ranks lower than 140 other nations in terms of women's representation in national legislatures, as per the Inter-Parliamentary Union (IPU) 'Women in Parliament' Report (2021).
• Despite some increase in women's representation in the Lok Sabha since independence (around 16% in the 17th Lok Sabha), India lags behind several African and South Asian countries like Nepal, Pakistan, and Sri Lanka.
• Empowering Women's Leadership for Change: Studies on panchayats have demonstrated the positive impact of women's reservation on women's empowerment and resource allocation.
• For instance, a former woman Sarpanch of Dhani Mayan Khan GP in Haryana established a training center for women and ensured that every village child attended school.
• Advancing the Decriminalization of Politics: Reserved seats for women could contribute to the decriminalization of Indian politics.
• Currently, in the Lok Sabha, 159 MPs have declared serious criminal cases against them, including rape, murder, attempted murder, kidnapping, and crimes against women.
• Addressing Crimes Against Women: The Women's Reservation Bill can play a role in addressing crimes against women in society, potentially leading to a decrease in cases like the Nirbhaya Rape Case.
• Aligning Representation with Vote Share: Despite an increase in women's vote share, their representation in political positions has not kept pace.
• Women in India vote at a rate similar to men, but their representation in political roles remains significantly lower.
• Breaking the Patriarchal Nature of Indian Politics: Indian politics has traditionally been patriarchal, with top party positions and positions of power predominantly held by men.
• The Women's Reservation Bill has the potential to challenge and transform this patriarchal aspect of Indian politics.
• Challenging Stereotypes: An increase in women politicians can help break stereotypes that limit women to the role of 'homemakers,' fostering a broader acceptance of women as lawmakers.

Arguments Opposing the Bill:

• Lack of Separate OBC Reservation: The Bill reserves seats separately for Scheduled Castes and Scheduled Tribes women within the existing one-third quota of seats.
• However, it does not provide separate reservation for OBC women, who constitute 60% of the female population.
• Exclusion from Rajya Sabha and Legislative Councils: The Bill does not extend reservations to women in the Rajya Sabha and the Legislative Councils, limiting its scope.
• Potential Misuse with Proxy Candidates: Some argue that the introduction of women's reservations could lead to the emergence of 'MP and MLA Patis,' where individuals use their wives as proxy candidates for reserved seats, wielding the actual power.
• Contradiction with Equality Principles: Opponents contend that the idea of women's reservation contradicts the principle of equality enshrined in the Constitution.
• They argue that such reservations could perpetuate the unequal status of women, as they might not be perceived as competing based on merit.
• Heterogeneity of Women: Women are a diverse group with varied backgrounds and interests, unlike caste groups.
• Consequently, the same arguments used to justify caste-based reservations may not be directly applicable to women.
• Women's interests are interconnected with other social, economic, and political strata.
• Restricting Voter Choice: Critics argue that reserving seats for women could limit voter choices.
• Instead of reservations, opponents of the Bill have proposed alternative approaches, such as women's reservation within political parties and the implementation of dual-member constituencies, where each constituency has two MPs, with one being a woman.

Key Provisions of the Women Reservation Bill 2023:

• Reservation of one-third of all seats for women in the Lok Sabha, state legislative assemblies, and the legislature of the National Capital Territory of Delhi.
• Within this allocation, one-third of the seats will be reserved for scheduled castes and scheduled tribes.
• The reservations will remain in effect for 15 years from the law's commencement.
• However, Parliament has the authority to extend the reservation period beyond 15 years through legislation.
• Reserved seats may be subject to rotation.
• This means that seats designated for women will not remain fixed but will rotate after each election cycle.
• The provisions will come into effect only after a delimitation exercise is carried out for this purpose.
• Delimitation will be based on the data collected in the first census conducted after the bill's passage.
• The amendment will be implemented following the dissolution of the respective house or legislative assembly and will not impact any existing representation.
• For instance, even after the Bill's passage, one-third women's representation will not be immediately applicable.
• It will become effective as each state completes its assembly term and holds elections.

What Steps Can Be Taken Moving Forward?

In addition to the Women's Reservation Bill, India should consider implementing the following reforms to enhance the political empowerment of women:

• Institutionalizing Intra-Party Democracy: Encourage intra-party democracy to broaden the pool of women candidates within political parties.
• Strengthening Women's Agencies and Organizations: Support and reinforce women's agencies and organizations to contribute to the creation of a progressive society with equal opportunities for all citizens.
• Promoting Women's Participation at the Panchayat Level: Enhance women's participation at the panchayat level by strengthening women's self-help groups.
• Encouraging Girls' Participation in College/University Politics: Promote the active involvement of girls in college/university student political parties and political debates to nurture future women leaders.

Mains Question:

• What are the key provisions and potential challenges associated with the Women's Reservation Bill 2023, and how can these challenges be addressed to ensure effective implementation and increased political empowerment of women in India? (15M)