In India, men make up nine out of every 10 legislators. The bleak data arguably influenced by poor social status of women in India. Women’s political empowerment is seen as an essential tool for eradicating prejudice and gender inequity.
Introduction
On September 20, the Lok Sabha passed the Constitution (One Hundred and Twenty-eight Amendment) Bill 2023. The bill addressed for simple faction of seats in the Lok Sabha, state legislatures, and the Delhi legislative assembly should be reserved for women, However the Implementation got postpone to the implementation of next delimitation exercise, which is contingent on the completion of the next census. The Bill focuses on amending Article 239AA and preluding new articles, specifically Articles 330A and 332A, to introduce 33 per cent reservation for women in the Lok Sabha and State Legislative Assemblies. It nevertheless incorporates a sunset clause while maintaining the same level of representation for the Anglo-Indian population.
This landmark bill marks a substantial advance for political and gender equality in India’s legislative bodies.
Tracing the Journey
Rajiv Gandhi introduced the one-third reservation for women in rural and urban bodies through constitutional revisions in 1989, sowing the seeds for women’s representation in elected entities. Although the Rajya Sabha did not approve the bill, the Lok Sabha did. A year later, in 1993, P.V. Narasimha Rao reintroduced the Constitution Amendment Bills, which would have given women a third (33%) of all seats and the chairmanships of local government organisations in both rural and urban areas. Both chambers of Congress approved the bills, which then became an Act. In the country as a whole, there are therefore around 15 lakh elected women members in panchayats and nagarpalikas..
The Constitution (81st Amendment) Bill, introduced in 1996 by the PM H D Deve Gowda administration, proposed to provide one-third of seats in state and federal legislatures for women. The unanimous passing of this Bill on the same day had the backing of several MPs. However, some MPs, particularly those from the OBCs, reacted vehemently, either rejecting the Bill or calling for changes to it. However, the Lok Sabha’s dissolution caused the Bill to expire..
The measure was reintroduced in the 12th Lok Sabha in 1998, however it failed to get enough support and expired. Three more times, in 1999, 2002, and 2003, it was reintroduced. Despite having the backing of significant political parties, the bill did not receive a majority of the vote. In 2008, the measure was reintroduced in the Rajya Sabha. It received 186 votes in favour and one against, but was never brought up for debate.
Key Feature
The Women’s Reservation Bill of 2023 brings several crucial provisions into effect:
1.Reservation for Women in the Lower House: The measure modifies the Constitution to add Article 330A, which copies the SC/ST reservation system. It mandates that one-third of Lok Sabha seats be set aside for women, with seats being distributed among state and union territory constituencies in a rotating fashion..
2.Reservation for Women in State Legislative Assemblies: All state legislative bodies must reserve seats for women under Article 332A. Additionally, 1/3rd of all seats filled through direct elections to legislative assemblies must be given to women, as must 1/3rd of seats designated for SCs and STs.
3.Reservation for Women in NCT of Delhi: It amends Article 239AA to extend women’s suffrage to the Delhi legislative assembly.
4.Commencement of Reservation: It specifies that the reserve will go into force following the subsequent census. Then, delimitation will be put into place to provide aside seats for women. The original duration of the reservation is 15 years, although it may be extended in accordance with subsequent law.
5.Rotation of Seats: Women’s seats will be rotated after each delimitation,
Amendments Required In the Constitution
The Bill called for the following changes to be made to Article 239AA (Special provisions with respect to Delhi) of the Constitution in order to attain the aim of women’s reservation: Articles 330A, 332A, and 334A are three further new articles that were included as part of the Women’s Reservation Bill.
Women’s reservation in the Lok Sabha and state legislative assemblies is suggested under Articles 330A and 332A, respectively. After 15 years, a sunset clause in Article 334a would progressively put a stop to this affirmative action strategy.
Horizontal women’s reservation: The bill’s inclusion of horizontal reservation clauses that span many quota categories is remarkable.
One-third of the seats designated for SCs and STs in the Lok Sabha and legislative assemblies are suggested to go to women from these groups in particular. These initiatives strive to increase the representation of women in the legislative process, even among traditionally underrepresented groups.
Rotation of seats: Within a state or union territory, the allotted seats for female MPs may be assigned via rotation to different districts.
.Majority required: A special majority of the Parliament and ratification by half of the states are requirements for the Women Reservation Bill. That entails support from at least 50% of the states as well as a two-thirds majority in both Houses of Parliament..
Earliest implementation: However, the earliest year in which women are projected to occupy one-third of Lok Sabha seats is 2029. This is due to the Bill’s provision that “provisions relating to the reservation of seats for women shall come into effect after an exercise of delimitation is undertaken for the purposes of this after the relevant figures for the first census taken after (the Bill is passed) have been published.”
The Women’s Reservation Bill enacted by the Rajya Sabha in 2010 did not include this clause regarding the next census and delimitation procedure. Other Constitutional Amendments Needed to Operationalise the Scheme of Women Reservation Delimitation, which is necessary for the application of reservations, would necessitate amending Articles 82 and 170(3) of the Constitution.The Lok Sabha and state assemblies’ constituencies (number and borders) are subject to revision following each census, according to Article 82. Similar to this, Article 170(3) addresses how the state Legislative Assemblies are made up..
Women’s Reservation in Panchayats
The Constitution’s Article 243D establishes a reservation of seats in Panchayats for women, SCs, and STs. It further states that nothing in this section shall impede a state’s legislature from establishing any rules regarding the reservation of seats in any Panchayat or posts of Chairperson in any Panchayat in favour of residents from disadvantaged socioeconomic groups.
The requirements of Article 243D state that women must occupy at least one-third of the seats designated for SCs and STs…
The Concerns
One of the main concerns of the bill is that women do not form a homogeneous group like a caste would.
1.Reserving seats for women would go against the Constitution’s guarantee of equality, according to another argument. Those who support this position claim that if a reservation were implemented, women would not be able to compete on their own merits.
2.Concerns About Perpetuating Gender Disparities: This approach would uphold the existing gender disparities, as it might suggest that women are not being judged based on their qualifications.
3.Diverting Attention from Crucial Electoral Reforms: This strategy shifts the focus away from more significant electoral reform matters, such as the criminalisation of politics and the state of inner-party democracy.
4.Restricts Voter Choice: Reserving parliamentary seats for women restricts voter choice. Some experts suggest alternatives like party reservations.
5.Rotating reserved constituencies in each election might reduce an MP’s incentive to work for their constituency.
6.Regarding the participation of women in the Rajya Sabha and important Committees, this Bill is entirely silent.
7.Many contend that the current election process for the upper house prevents the possibility of reserving seats in the Rajya Sabha.
Women Representation in Other Countries
The African country of Rwanda came out on top in the assembly’s long-term perception with 61.3%, followed by Cuba with 53.2%, according to the Inter-Parliamentary Union Report, 2019.With 32.7%, Nepal retained the 36th place in South Asia. India unfortunately placed 149th with 14.4% representations, far lower than Pakistan and Bangladesh. Party line voting restrictions: A number of nations, including France, Korea, and Nepal, have approved quotas that reach 50% of the candidate list. Argentina, Mexico, and Costa Rica are nations with party quota rules; these nations also have above 36% female participation in their national legislatures.
Political parties in countries like South Africa, Sweden, and Germany have achieved equal levels of female participation through voluntary (non-legislated) quotas. South Africa is a fantastic case study because women make up 44.8% of its current National Assembly.
Significance of Women’s Reservation
The need for affirmative action to improve the status of women in Indian society is one of the main arguments in favour of the bill.
Skewed gender representation in legislation: Women only possess 14.94% of seats in the Lok Sabha and 14.05% of seats in the Rajya Sabha, according to figures given by the Union government. Since the country’s independence, there has been very little advancement in the representation of women in the Lok Sabha. Women made up just 4.4% of the Lok Sabha in 1952, and after the 2019 Lok Sabha elections, this number has only slightly grown to 14.94%. Less than 10% of women are represented in several state assemblies.. Socio-economic significance: Another crucial assertion is that women need to be represented in decision-making in order to solve issues like the high number of crimes against women, the low involvement of women in the labour, inadequate nutrition levels, and a skewed sex ratio. More female representation in Parliament is expected to facilitate more effective discussion of women’s problems. India ranks 127th out of 146 countries in the 2023 Global Gender Gap Index.If the report’s rate of advancement is continued, it would take another 162 years to close the gender gap in political empowerment.