Bill for Women's Reservation : Then and Now
- Kartikey Goel
- Oct 25
- 6 min read
#Reservation, #women, #developments, #contentions, #Legislativeassembly, #economic #empowerment, #equitablesociety, #meritocracy, #conflict, #quota, #tokenism.
A notable piece of legislation aimed at empowering women in politics is the Women's Reservation Bill, often known as the Women's Reservation Bill, which was introduced in India. The purpose of the measure is to set aside a specific proportion of seats in the State Legislative Assemblies and Parliament for women. Since it was first proposed in 1996, there have been many discussions, disagreements, and changes made to the measure. This paper explores the history of the Women's Reservation Bill, from its birth to the present, emphasizing the main contentions, developments, obstacles, and possible effects on the participation of women in Indian politics.
(Then)
Historical Background:
The underrepresentation of women in Indian politics led to the necessity for the Women's Reservation Bill. Throughout history, women have encountered many obstacles and prejudices that have impeded their ability to engage in decision-making procedures. Acknowledging the need for affirmative action, the United Front government initially submitted the bill on September 12, 1996, in the Lok Sabha, the lower chamber of the Indian Parliament.
The Indian independence struggle began long before the concept of women's representation in politics was developed. Leaders such as B.R. Ambedkar and Mahatma Gandhi highlighted the significance of women's involvement in government. However, the Women's Reservation Bill did not receive much attention until the 1990s.
The Bill’s Objective
The Women Reservation Bill aims to allocate one-third of all seats in the State Legislative Assemblies and Lok Sabha to women. If passed, it would guarantee that women hold 33% of the seats, advancing gender parity and women's political empowerment. The measure also includes clauses that require reserved seats to be rotated among various constituencies to ensure that women are fairly represented across the country.
Changes and Reforms
Several changes and reforms have been put forth over time to address the issues with the Women's Reservation Bill. One such suggestion is to set aside one-third of political party seats for women to encourage them to run more female candidates and advance gender equality within their ranks.
Progress and Difficulties
The Women's Reservation Bill has encountered many difficulties since it was first introduced. Some detractors claim that because it gives preference to gender above qualifications, it goes against the fundamentals of meritocracy. Others argue that political parties might exclude marginalized communities by promoting women from rich backgrounds using reserved seats. These worries have caused contentious discussions and delays in the bill's enactment.
The Women's Reservation Bill has encountered several difficulties and roadblocks. Although it was approved by the upper house, the Rajya Sabha, in 2010, the Lok Sabha has not yet given it the necessary majority. Divergent viewpoints regarding the measure have been aired by political parties and other relevant parties. Critics contend that it could encourage tokenism and undercut meritocracy.
What is the current state of India's women's reservations?
Gujarat: Of the 182 members of the parliament, just 8 per cent of the candidates were female.
Himachal Pradesh: Only one woman and 67 men have been elected in a state where women comprise half of the voter base.
National average: There are still 8% of women serving in state legislatures around the country.
Rankings: India is placed 144th out of 193 countries in the Inter-Parliamentary Union poll regarding the representation of women in parliament.
Why was the Women's Reservation Bill not passed by the parliament?
Sexism and heated arguments - The WRB has witnessed many sexism and heated disagreements.
The 1996 committee recommended a quota for OBC women within the Bill's one-third reserve for women. Nevertheless, this suggestion was never put into practice.
Lack of political aptitude: The only parties with seats reserved for female candidates in elections are the Trinamool Congress (TMC) of West Bengal and the Biju Janata Dal (BJD) of Odisha.
Distracts from more pressing electoral reform issues, such as the criminalization of politics and party democracy, according to critics of the WRB.
(As of now)
In News, Why? These days!
After twenty-seven years The Women's Reservation Bill 2023 (128th Constitutional Amendment Bill), also known as Nari Shakti Vandan Adhiniyam, was approved by the Lok Sabha on September 20. It grants women a 33% reservation in the legislatures of the states and the Lok Sabha.
One-third of the seats in the Delhi assembly, State legislatures, and the Lok Sabha are reserved by the bill. This will also hold for the seats in the Lok Sabha and State Legislatures set aside for Scheduled Castes (SCs) and Scheduled Tribes (STs).
Need
The number of female MPs in the Lok Sabha is 82 (15.2%), while the Rajya Sabha has 31 (13%).
Even though the percentage has grown since the first Lok Sabha (5%) it is still far lower than in many other nations.
Rwanda (61%), Cuba (53%), and Nicaragua (52%) are the top three nations in terms of the percentage of women, according to recent UN Women data. India trails Bangladesh (21%) and Pakistan (20%) in terms of female representation.
Which aspects of the bill are most important?
Lower House Women's Reservation:
The Bill called for adding Article 330A to the constitution, which takes its cue from Article 330, which guarantees seats to SCs and STs in the Lok Sabha.
According to the Bill, seats earmarked for women may be distributed to various state or union territory constituencies in a rotating manner.
The Bill proposed to designate one-third of the SC/ST seats as reserved for women, with a rotational system.
Women's Seat Reservation in State Legislative Assemblies
The Bill presents Article 332A, which requires all state Legislative Assemblies to set aside seats for women. In addition, women must be given preference for one-third of the seats set aside for SCs and STs as well as one-third of the seats filled in the Legislative Assemblies through direct elections.
The NCT of Delhi's reservation for women (a new element in 239AA)
The Union Territory of Delhi, the nation's capital, is accorded unique status under Article 239AA of the constitution because of its ability to act as an administrative and legislative hub.
The bill therefore altered Article 239AA(2)(b) to state that the laws passed by the parliament will apply to Delhi's National Capital Territory.
Start of Reservation (New Article-334A)
The reservation will take effect following the publication of the results of the census that is performed following the start of this bill. Delimitation will be done to reserve seats for women based on the results of the census.
A 15-year reservation period will be offered. Nonetheless, it will last until the date specified by a bill passed by Parliament.
A mere two ways
The Constitution (One Hundred and Twenty-Eighth) Bill 2023 was easily passed, satisfying the constitutional requirement of a "two-thirds majority of the members present and voting" with the backing of 454 Lok Sabha members.
Only two members, Syed Imtiyaz Jaleel and Asaduddin Owaisi of the All India Majlis-E-Ittehadul Muslimeen, had opposed the Bill. Mr. Modi was present for the almost two-hour-long polling process, in which participants marked ballots by hand using paper slips.
Conflict over credit
Members of the Treasury and Opposition benches, led by the Congress, engaged in an eight-hour debate over who should be credited for the historic Bill and whether or not there should be a separate quota for women from other backward classes (OBCs).
Conclusion
In summary, the United Nations states that India will become the first country in the world to have 33% of its seats reserved for women in the national parliament, joining 64 other nations that already have this feature. Reaching a critical mass of thirty percent of women's representation in Parliament usually results in favorable outcomes for women's empowerment. But ultimately, we believe that putting such reservations into practice would result in 50% of women being represented in parliaments worldwide."
It is noteworthy that the Women's Reservation Bill has encountered resistance and discussions within the political sphere of India.
While some critics contend that it would encourage tokenism, others think that the underrepresentation of women in politics must be addressed.
To build a more inclusive and equitable society, reservations for women in politics should be a part of a larger plan that tackles cultural norms, education, economic empowerment, and social transformation. Reserves for women in politics can be a useful weapon in combating patriarchy and promoting gender equality.
Furthermore, the effectiveness of these policies varies and is dependent on several variables, including how they are formulated and put into practice.
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