Why is it in the News?

Congress leader Dr. Jaya Thakur on Monday filed a PIL in the Supreme Court for implementing the Women's Reservation bill before the 2024 general elections. Former congress president Sonia Gandhi also alleges BJP govt of creating anti-women policies and deprived women of their rights.

What Are the Main Provisions of the Women’s Reservation Bill?

• Reservation for Women in the Lower House: The Bill introduces Article 330A to the constitution, borrowing inspiration from Article 330, which focuses on seat reservations for SCs/STs in the Lok Sabha.
• The Bill proposes the rotation of reserved seats for women among different constituencies in states or Union Territories.
• For seats designated for SCs/STs, the Bill aims to reserve one-third for women in a rotational manner.
• Reservation for Women in State Legislative Assemblies: The Bill introduces Article 332A, making it mandatory to reserve seats for women in every state Legislative Assembly.
• Additionally, one-third of the seats reserved for SCs and STs must be specifically allocated to women, and one-third of the total seats filled through direct elections in the Legislative Assemblies will also be reserved for women.
• Reservation for Women in NCT of Delhi (New Clause in 239AA): The Bill amends Article 239AA of the constitution, which grants special status to the Union Territory of Delhi as the national capital concerning its administrative and legislative functions.
  • The amendment specifies that laws enacted by the parliament shall apply to the National Capital Territory of Delhi.
• Commencement of Reservation (New Article - 334A): The reservation for women will take effect after the census conducted following the Bill's commencement has been published.
• Subsequently, delimitation will occur to allocate reserved seats for women. This reservation will initially be implemented for a 15-year period.
• However, it will persist until a later date, as determined by a law passed by Parliament.
• Rotation of Seats: Seats reserved for women will undergo rotation after each delimitation, in accordance with a law enacted by Parliament.

What Is the Historical Background of Women's Reservation in Indian Politics?

• The roots of women's reservation in Indian politics can be traced back to the Indian national movement.
• In 1931, leaders Begum Shah Nawaz and Sarojini Naidu, representing three women's organizations, submitted a joint official memorandum to the British Prime Minister.
• This memorandum addressed the status of women in the new Constitution.
• The National Perspective Plan for Women, proposed in 1988, recommended reserving seats for women at various political levels, starting from the panchayat and extending to Parliament.
• These recommendations paved the way for the groundbreaking 73rd and 74th amendments to the Constitution.
• These amendments mandated that all State governments reserve one-third of seats for women in Panchayati Raj Institutions and one-third of chairperson positions at all levels of Panchayati Raj Institutions, as well as in urban local bodies.
• Within these reserved seats, one-third were specifically allocated for Scheduled Caste/Scheduled Tribe women.
• In 2001, the National Policy for the Empowerment of Women expressed the idea of considering reservations in higher legislative bodies.
• In May 2013, the Ministry of Women and Child Development established a committee on the status of women, which recommended ensuring a minimum of 50% reservation of seats for women in various governmental bodies, including local bodies, State Legislative Assemblies, Parliament, ministerial positions, and all government decision-making bodies.
• In 2015, the Report on the Status of Women in India highlighted the inadequate representation of women in state assemblies and Parliament.
• It recommended reserving at least 50% of seats for women in local bodies, State Legislative Assemblies, Parliament, ministerial positions, and all government decision-making bodies.

What Are the Supporting Arguments for the Bill?

• Historical Underrepresentation: Despite some progress, the number of women Members of Parliament remains relatively low.
• Research has shown that women elected under reservation policies invest more in public goods closely related to women's concerns.
• Reservations in local bodies have enabled women to make meaningful contributions.
• Gender Equality: Enhancing women's representation in politics is a crucial step toward achieving gender equality.
• However, India's ranking in the Global Gender Gap Report 2022, at 48th out of 146 in Political Empowerment, suggests room for improvement, with a score of 0.267, notably lower than top-ranking countries like Iceland and Bangladesh.
• Women's Right to Self-representation and Self-determination: Ensuring proportional representation for underrepresented groups in the political system is vital for their ability to influence policy-making.
• The Convention on the Elimination of All Forms of Discrimination Against Women underscores the need to eliminate discrimination in political and public life.
• Diverse Perspectives: A more diverse legislature, including a substantial number of women, can bring a broader range of perspectives to decision-making.
• This diversity can lead to more effective policy formulation and governance.
• Empowerment of Women: Women's reservation in politics empowers them at various levels, encouraging their participation in politics and inspiring them to take on leadership roles in other sectors.
• Promotion of Women's Issues: Women in politics often prioritize and advocate for issues directly affecting women, such as gender-based violence, women's health, education, and economic empowerment.
• Their presence can lead to the prioritization of these issues in policy discussions.
• Role Models: Women leaders in politics can serve as role models for young girls, encouraging them to aspire to leadership positions in various fields.
• Representation in politics can break stereotypes and inspire future generations.
• Examples include Indira Gandhi, India's first and only female Prime Minister, who served from 1966 to 1977, and Sushma Swaraj, the second woman External Affairs Minister of India after Indira Gandhi.

What Are the Arguments Against the Bill?

• Exclusion of Separate OBC Reservation: The Bill, while providing separate reservation for Scheduled Castes and Scheduled Tribes women within the existing one-third quota, does not include separate reservations for Other Backward Classes (OBC) women, who constitute a significant portion of the female population.
• No Reservation in the Rajya Sabha and Legislative Councils: The Bill does not extend the reservation to women in the Rajya Sabha and legislative councils, which limits the scope of its impact.
• Dependence on Census and Delimitation: The implementation of reservation for women in Parliament relies on the census and delimitation processes.
• The delay in conducting the census and the potential political sensitivity of delimitation, particularly in regions with slower population growth, could hinder the bill's effectiveness.
• Concerns of Women as Proxies: The phenomenon of 'Panchayat Patis' in local governments, where husbands use their wives as proxy candidates for reserved seats, has raised concerns.
• With an extension of reservations to women in Parliament, there is a fear of the emergence of 'MP and MLA Patis,' where husbands wield real power.
• Challenges to Equality Principles: Opponents argue that the bill contradicts the principles of equality enshrined in the Constitution.
• Some believe it may perpetuate the unequal status of women, as they might not be perceived as competing on merit.
• Diverse Interests of Women: Women do not constitute a homogenous group, unlike caste-based groups.
• As a result, the arguments used to justify caste-based reservations may not be directly applicable to reservations for women.
• Women's interests cannot be isolated from other social, economic, and political strata.
• Restriction of Voter Choice: Some opponents of the Bill argue that seat reservations for women would limit voter choice.
• They propose alternative methods such as reservations for women within political parties and the implementation of dual-member constituencies.
• Lack of Widespread Consultation: The bill was introduced through a "supplementary list" in a hastily organized Parliament session.
• Critics argue that such a vital constitutional amendment for women's reservations should have been introduced following extensive discussion and analysis.

How Can Effective Implementation of Women's Representation be Achieved?

• Strengthen Independent Decision Making: Establishing independent monitoring systems or committees that explicitly prevent family members from exerting influence on the decision-making process of women representatives.
• This can be achieved by reducing the impact of patriarchal mindsets.
• Increasing Awareness and Education: Disseminate awareness among women about their rights and the significance of their participation in politics.
• Educational programs and awareness campaigns are instrumental in raising women's political engagement.
• Addressing Gender-based Violence and Harassment: Gender-based violence and harassment are significant barriers to women's involvement in politics.
• Address these issues through policy and legal measures to create a safer and more supportive environment for women in politics.
• Electoral Process Reforms: Implement reforms, such as introducing proportional representation and preferential voting systems, to enhance women's representation in politics.
• These reforms ensure that more women can be elected.

These are only a few strategies to increase the number of women in Indian politics. Achieving lasting change necessitates a multifaceted approach that tackles various challenges simultaneously.