The Lok Sabha has recently approved the Nari Shakti Vandan Adhiniyam, new legislation that marks a significant development after a 27-year gap since the initial introduction of the Women’s Reservation Bill in Parliament.
This legislation is designed to bring about an amendment to the Constitution, aiming to provide one-third reservation for women in both the Lok Sabha and State Assemblies for a duration of 15 years, while also ensuring representation for women from the SC and ST communities.
Notably, this bill has now become the 106th Constitutional Amendment Act with the approval of India’s first tribal woman President. This legislation is expected to strengthen women’s empowerment and bolster their participation in the political process.
What makes this bill particularly unique is the fact that both the ruling party and the opposition were actively vying for credit. Furthermore, it’s worth noting that the bill was the first to be presented in the new parliament building.
Some opposition lawmakers argue that the absence of provisions for women from the OBC community could primarily benefit only the upper class.
History Of the Bill
The question of women’s reservation has been a topic of discussion for a long time, dating back to the period before India gained independence from British colonial rule. Even back then, women who were part of the freedom struggle strongly advocated for their rights and emphasized their entitlement to these rights.
This story begins in 1946 when the Constituent Assembly of India was engaged in heated debates. This Assembly included 15 women members, but unfortunately, the idea of reserving seats for women was rejected at that time.
After two decades, in 1971, the United Nations called on all nations to compile reports on the status of women within their respective countries. In response, the Ministry of Education and Social Welfare in India established the “Committee on the Status of Women in India”.
And the committee released a report titled “Towards Equality,” which highlighted the worsening gender ratio in India, leading to significant challenges for women in accessing basic education, rights, and freedom.
Following this report, a coalition of women and scholars from across the nation advocated for a 30% reservation for women in Parliament, but unfortunately, the issue did not receive sufficient recognition at that time.
Moving on to 1983, the Janta Dal party also introduced the Nyay Panchayat Act, which proposed a 25% reservation for women in Panchayati Raj Institutions. This initiative inspired several other states to implement reservations for women in their respective panchayat systems.
Then, in 1987, during the tenure of Prime Minister Rajiv Gandhi, his government established a 14-member committee led by the then Union Minister Margaret Alva.
This committee presented the National Perspective Plan for Women, covering the years 1988 to 2000, and received nearly 353 recommendations from various parts of the country regarding the reservation of seats for women in elected positions.
In May 1989, Rajiv Gandhi Government introduced a bill concerning Women’s Reservation, proposing the reservation of one-third of seats in all elected bodies, both in rural and urban areas. However, it faced challenges in the Rajya Sabha and could not progress further.
The vision of Rajiv Gandhi was ultimately realized by former Indian Prime Minister P.V. Narasimha Rao through the 73rd and 74th Constitutional Amendments, which aimed to reserve one-third of seats in all panchayats and municipalities across India.
After the implementation of reservations in local bodies, attentions shifted to State Assemblies and the Parliament. In 1996, Ramakant Khalap, the Minister of Law and Justice at the time, received a call from the then Prime Minister of India, H. D. Deve Gowda, expressing his desire to introduce a women’s reservation bill in parliament.
However, the presence of coalition government at that time made it challenging to garner unanimous support for the bill from all coalition partners.
During the regime of Manmohan Singh and Sonia Gandhi in 2005, significant efforts were made to persuade every political party to support a bill aiming for a 33% reservation for women, following the MS Gill formula recommended by the Election Commission of India. However, the bill did not include provisions for the reservation of women from the Other Backward Classes (OBC), leading to its failure.
In the current political landscape, the Women’s Reservation Bill holds substantial importance for the BJP Government, as it was featured in both their electoral manifestos for the 2014 and 2019 elections.
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What does the Bill Say?
The proposed Bill seeks to introduce two new articles into the constitution: Article 330A, which would enable the reservation of seats for women in different constituencies within states or Union Territories on a rotational basis, and Article 332A, which would mandate the reservation of seats for women in every state Legislative Assembly, with one-third of the seats reserved for Scheduled Castes and Scheduled Tribes.
Furthermore, it specifies that one-third of the total seats filled through direct elections to the Legislative Assemblies shall be reserved for women. In addition to these provisions, the bill bestows special status upon the Union Territory of Delhi as the national capital.
This is accomplished through an amendment to Article 239AA(2)(b), which states that laws enacted by the parliament shall apply to the National Capital Territory of Delhi. However, it’s important to note that the bill’s implementation hinges on the completion of India’s 16th Census, originally scheduled for 2021 but postponed due to the COVID-19 pandemic.
The population shifts observed since 2011 will significantly alter the political landscape. Projections indicate an increase in the number of seats in Parliament from 543 to 753. States experiencing substantial population growth, such as Uttar Pradesh and Bihar, will receive more seats, resulting in a greater relative political influence for northern states in comparison to southern states.
Delimitation is expected to occur around 2026 after the 2024 census, and only then can the reserved seat allocations be established.
Significance of the Bill
The inclusion of women in Indian politics through seat reservations is of paramount importance, as it enables political parties to cultivate a substantial pool of female leaders who can bring fruitful changes in designated constituencies.
A prominent leader within the BJP has proposed that reservations should first be implemented at the grassroots level in local governing bodies before being extended to the national arena.
This approach would allow each party to nominate female leaders who have demonstrated their capacity to bring about significant positive changes in their constituencies, thus preparing them for national roles.
Seat reservations in elected bodies serve three primary objectives: to amplify women’s representation, to spotlight and address issues concerning women, and to reshape societal perceptions of women.
The principal aim of such reservations is to create opportunities for women who were previously denied them, and as time progresses, this dynamic is anticipated to evolve.
Reports indicate that 86% of female leaders have been able to participate in local body elections thanks to these reservations for women, marking a transformative shift in the political landscape.
Opposition against the Bill
Asaduddin Owaisi and Imtiaz Jaleel, who are members of the Telangana’s Regional Party AIMIM, cast their votes against the Women’s Reservation Bill, contending that it excludes women from the Muslim community and primarily favors women from higher castes.
Nevertheless, the Indian Parliament has consistently prioritized the representation of all communities since 1952, demonstrating its diversity and adaptability.
Numerous regional parties have voiced concerns that the new bill leaves out women from the OBC community, and the government’s desire to claim exclusive credit for this initiative remains unresolved.
The delay in passing the bill, even after being in power for nine years, raises doubts about the sincerity of the effort, with the opposition labeling it as an “Election Jhumla.”
Throughout India’s post-independence history, many politicians have opposed women’s reservations. However, it’s important to note that the Constitution allows for positive discrimination to address disparities.
Reservations should be granted for a specified period to empower segments of society facing discrimination and help them overcome such inequalities. It is imperative to set aside the delays in passing the bill and collaborate for its future improvement.
Conclusion on Women’s Reservation Bill
India has a female labor force participation rate of merely 30%, which is one of the lowest among developing countries and has seen a decline over the past decade. This disparity impacts women across various educational backgrounds and in both urban and rural settings. In contrast, countries like Rwanda and Cuba exhibit higher levels of female representation, even within their parliaments.
The term “Equality” in the Constitution is insufficient for achieving complete equality across all segments of society. Reservations are essential to shift the prevailing mindset and ensure that every segment is acknowledged and included. Presently, many individuals hesitate to vote for female leaders, harboring doubts about their capability to assume such responsibilities.
Active female participation is indispensable for societal prosperity. Reports indicate that constituencies with elected female leaders have experienced significant improvements in facilities for women and overall societal development.
In conclusion, the debate surrounding the Women’s Reservation Bill in India is intricate and multifaceted. The Women’s Reservation Bill enjoys endorsement from every section of society and is eagerly anticipated for swift implementation, offering a comprehensive approach to women’s participation across all sectors.
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Authored by Himadri Adhikari, a 1st year Law Student at National Law University Odisha.