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Content

• Background
• Arguments in support of reservation for women in Representative Institutions
• Criticism of giving reservation to women

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Background:

Even though the 2019 Lok Sabha elections saw the highest ever presence of women in parliament, it still stands at 78 (14.39%) among 543 seats. This percentage is well below the global average (24.6%) showing that in India gender discrimination is quite prevalent even in case of elections to the top positions in the country. At state assemblies’ level this performance is more dismal with only 9% seats being filled by women.

Previous efforts to provide reservation for women in legislative bodies:

• Bills amending the Constitution to reserve seats for women in Parliament and State Assemblies have been introduced in 1996, 1998, 1999, and 2008. The first three lapsed due to dissolution of their respective Lok Sabhas. The 2008 bill was introduced in RS and passed in RS in 2010, but it also lapsed with the dissolution of 15th LS.

In 2015, the Report on the Status of Women in India noted that the representation of women in state assemblies and Parliament continues to be dismal.

• Decision making positions in political parties have negligible presence of women.
• It recommended reserving atleast 50% seats for women in local bodies, state assemblies,
  Parliament, ministerial levels, and all decision-making bodies of the government.

The National Policy for the Empowerment of Women (2001) had stated that reservation will be
considered in higher legislative bodies.

The Constitution (128th Amendment) Bill, 2023: (Naari Shakti Vandan Adhiniyam)

• Reservation: The bill reserves, as nearly as possible, 1/3rd of the seats for women in LS (insertion of Article 330A), State Legislative Assemblies (insertion of article 332A), and the LA of NCT of Delhi (amendment to article 239AA). This will also apply to seats reserved for SCs and STs in Lok Sabha and State legislatures.
• Commencement of Reservation (insertion of article 334A): This reservation will be effective after the census is conducted after the commencement of this bill has been published. Based on Census, delimitation will be undertaken to reserve seats for women. This reservation will be provided for 15 years. However, this reservation will continue till such date as Parliament determines by a law.
• Rotation of Seats (Article 334A): Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.

Arguments in support of reservation for women in Representative Institutions

1. Gender Equality: Ending Discrimination against women.

• India has signed the International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted in 1979 by the UNGA.
• The Convention provides the basis for realizing equality between women and men through ensuring women’s equal access to, and equal opportunities in, political and public life — including the right to vote and stand for elections – as well as education, health and employment.
• But female representation in Indian legislative bodies is below global average in India. Our legislative bodies don’t reflect the contemporary trends in women’s education and excellence in varied field and thus are facing credibility crisis.

2. Social Justice

• Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands the value of human rights, and that recognizes the dignity of every human being.

3. Change the Social Structure of India in many ways – Women at leadership roles will have various other positive social impacts.

4. Women reservation have been quite successful at PRI level.

• A 2003 study about the effect of reservation for women in Panchayats showed that women elected under the reservation policy invest more in public goods closely linked to women’s concern.

5. Better decision making because of diversity of thought.

• Priorities and assumptions of policies and legislations are affected because of the poor participation of the other gender.
• Women issues are generally ignored because of men’s lack of empathy and understanding of the issue.

6. Women will be able to empathize with other struggles in a better way.

• Women who have got their rights after long struggles will empathize with other struggles better.

7. Reduce Crime and Corruption

• Statistically, currently women legislators seems to be less probable to be involved in a criminal activity or corruption cases when compared to men.

Criticism of giving reservation to women:

1. Perpetuating Gender Inequality

• It would perpetuate the unequal status of women since they wouldn’t be perceived to be competing on merit.

2. Diverts attention from more important electoral reforms.

• Criminalization of politics
• Inner Party Democracy

3. Restricts choice of voters to women candidate

• A better option would be reservation in political parties and dual membership constituencies.

4. Rotation reduces incentive to work for constituency.

5. Only promote family member of current politicians; Quota will be appropriated by Stand-ins.

• Of all the women in Lok Sabha, around 70% already have other relatives in politics. This fact perhaps shows that women reservation will not be able to improve the “real” representation of women and only family members of some politicians whose seat becomes reserved will be elected from the seat.

Other Criticism of the Bill:

• Why the reservation not brought into force immediately?

Way Forward:

• Capacity enhancement and training for women politicians and representation.
• User of gender-neutral terms in Parliamentary and government communications (such as
  ‘Chairperson’ instead of chairman for RS chairperson)
  • Patriarchal terms reinforce gender biases and stereotypes against women and transgenders.
• Steps to ensure that women’s representation go to around 50% even without the need of
  reservation:
  • Genuine women empowerment in all sectors right from school education, health and Higher Education.
  • Addressing Gender based violence and harassment and making public spaces safe and secure for everyone (including women)
  • Focus on intra-party democracy to ensure more women participants.

Conclusion:

Almost unanimous passage of the Naari Shakti Vandan Adhiniyam is a testament to an
irreversible force of social change – it will extend beyond the legislature to we, the people.