Women Reservation Bill: A Transformative Step towards Gender Equality in Indian Politics

The equality of women in political decision making is an essential element of a democratic country[1]. A democracy can flourish when all sections of society receive equal representation through representation and opportunity[2]. In India, although nearly half the population is female, for decades their representation in legislative bodies has remained very low[3]. Women contribute to various fields including politics, administration, education, science and business. However, women are not represented in proportion to their population in Parliament and State Legislative Assemblies. To address the lack of representation in Parliament, the Government of India has enacted the Women Reservation Bill (Constitutional (One Hundred Twenty-Eighth Amendment) Bill 2023[4]) reserving 33% of the seats in Lok Sabha and the State Legislative Assemblies of India for women.[5] This major advancement will enable and empower women to participate politically as well as allow for more inclusive governance through the establishment of inclusively governed institutions.

Through the Women Reservation Bill[6], India has set a precedent for recognition by the society and the political system that women are essential players in policy development, governance, quality of governance and successful implementation of policies. There has been much debate on issues such as the method of implementation, reservation for women by caste, and the timing of reservations. In this article we shall discuss the background, meaning of the Women Reservation Bill, the important provisions of the Bill, the constitutional provisions governing the Bill, the benefits of the Bill, critiques of the Bill, and possible future challenges associated with the Bill.

Historical Background of Women’s Reservation in India

The request for reservations for females in politics has existed for quite some time now. Prior to attaining its independence, India had many discussions about granting female citizenship in terms of political representation. Multiple female leaders, while Indian citizens were fighting for their independence, fight for equitable political representation and rights as citizens as well. As stated in Article 14[7], The Indian Constitution provides all people with equal legal rights. Article 15[8] provides for equal rights for individuals regardless of their gender and prohibits all forms of gender-based discrimination. However, notwithstanding these rights granted by law or constitution from gender discrimination, women in general still face a lot of challenges when participating in politics due to the social and economic disparity that exists amongst them. The passage of 73^rd[9] and 74^th Constitutional Amendment [10]Act gave women a chance to participate in politics by reserving 1/3^rd of all seats for females in Panchayats or Municipalities. The reservations have worked and it provided female citizens, with many grassroots opportunities to enter local government.

As a result of the success of reservations for females at the local level, discussions were initiated to reserve similar numbers of seats for females in Parliament and State Assembly[11]. The Parliament’s analysis of this particular issue initially occurred in 1996[12]. However, due to a variety of factors, including failure to obtain consensus and other political divides, the bill has been introduced into Parliament on multiple occasions[13], with each time ending either in lapse (bill runs out of time) or being held up by an obstructor. The Bill contains a provision that was included when initially presented and passed 2010 within the Rajya Sabha, but has never completed its route through the Lok Sabha. After years of extensive individual and group political discourse stifling progress, this Bill[14] finally made its way through and passed both chambers of Parliament in September 2023[15].

The Women Reservation Bill has many major points regarding increasing women’s inclusion in Legislative Bodies.

1. One-Third of Total Number of Members of Parliament and State Assemblies for Women[16]

The Bill reserves one-third of the total seats in Lok Sabha and State Assemble for women. The reserved seats will also include those seats that have been reserved for SC and ST.[17]

2. Reservation in Legislative Assembly for NCT Delhi

The Bill extends reservation for NCT Delhi also.[18]

3. Reservation Shifts for Women Every Delimitation

Reserved seats for women will shift to different constituencies every delimitation exercise. Therefore, each election will have reserved seats for women at different locations.[19]

4. Duration of Reservation

The reservation will be for a duration of 15 years[20] from the date that the amendment goes into effect. Parliament can prolong that reservation period if the situation warrants.

5. Reservation to Start Only After Next Census and Delimitation[21]

The reservation will only be effective upon conclusion of the next census and delimitation. The provision relates to the most contentious point of the Bill. The Women’s Reservation Bill holds great importance in the constitution, as it is aimed at enhancing the principles of equality, social justice and participation in a democracy.

Equality and non-discrimination

Every person is entitled to be treated equally and fairly under law. This includes being treated the same regardless of your gender, religion, race, ability/disability, etc., as set out in article 14 of the Constitution.[22] The other article that relates specifically to women’s rights and children’s rights is article 15(3)[23] where the states can take positive action (affirmative action) toward making special provisions for women and children who have historically been the victims of injustice.

Enhancing Democracy

To be representative of society, there must be diversity in a representative democracy. As such, women bring different experiences and perspectives in helping to govern their communities. Having more women in decision-making has the potential for political institutions to have a more inclusive and responsive approach.

Realising the Directive Principles[24]

The Bill is also designed to fulfil the Directive Principles set out in the Constitution (Article 39(a)), which imposes a duty on the State to ensure men and women will be accorded equal opportunities.

Importance of Women in Political Decision Making, Representation and Inclusion

Women must have their own voice when determining laws, policies or other types of decision making around how they will live or govern; not only for formal reasons, but also to ensure genuine equality and an inclusive process.

1. Better Decision Making

Female leaders tend to focus on healthcare, sanitation, education, nutrition, domestic violence, and children’s rights[25]; including female members of society in decision-making processes concerning their interests leads to better policy making in these fields.

2. More Political Influence

As Women’s Reservation provides more opportunities for female involvement in politics, we can safely state that the societal tradition of men ruling creates a lot of restrictions for females participating in public life.

3. Social Change:

Female leaders and governors not only help in destroying the stigma[26] associated with women but also serve as good examples for girls and women who want to be active in their communities.

4. Representative Governance

Many politicians do not have enough knowledge about the problems women face in society; including women in politics or governance will result in significant changes in their lives.

5. Empowerment through Grassroots Democracy

Thanks to the women who acted as leaders and representatives, Panchayati Raj Act has been successfully passed.[27] In the future, women must act in the same capacity in government bodies.

How will the Women’s Reservation Bill positively affect democracy and society in India?

More Representation for Women

Since Indian female representation in Parliament has never been high[28], this bill can increase the number of female members in elected legislative bodies and will; thus, enhance gender equality in India’s democratic institutions.

Support and Encouragement for New Female Leaders

The Women’s Reservation Bill could potentially create opportunities for women[29] from all sectors of society to enter politics and may help develop new generations of women leaders. Women Reserve Bill aims to overcome the deep-seated gender biases associated with Politics in India. The bill challenges the traditional male-dominated attitudes as politics has been seen, historically, as male space. Women leaders have demonstrated to perform extremely well in their local governments by handling developmental issues that are otherwise overlooked by male leaders. The bill stands in alignment and support to India’s commitment to international conventions for example the CEDAW(Convention on the Elimination of All Forms of  Discrimination Against Women)[30] and the SDG’s (Sustainable Development Goals)[31].

Even though there is tremendous support for the women’s reservation bill, there have been a lot of political criticisms and concerns from various political leaders, social groups, and academicians. The implementation of the women’s reservation bill for women, through reservation at the centre and state level, will take place only after the next delimitation and census for women’s reservation to be actualized will not be within years. Some political parties have indicated that women of OBC [32](Other Backward Classes) should be provided reservations with this bill because otherwise, the benefit of the reservations would primarily go to those from privileged classes in society. Additionally, the fact that seats will be rotated out (every five years)[33] may discourage the long-term development of political infrastructure within constituencies because representatives will have difficulty continuing to be elected from those same constitutions.

Proxy Representation There remains some concern regarding whether female politicians may be subject to the control of men in their family, particularly in cultures with high levels of patriarchy[34].

Concerns About Merit Based System and Reservations Several critics feel that the implementation of reservations will negatively impact the development of a merit based political system;[35] however, proponents of reservations argue that women have previously been denied equal access to opportunity due to barriers that result from structural inequality, therefore making affirmative action necessary.

Women’s Representation in Indian Politics: Current State of Affairs – Numerous successful female political figures such as, the former Prime Minister Indira Gandhi, former President Pratibha Patil, many Women Chief Ministers and Female Cabinet Ministers all exist, however full female representation is still a long way off. Female representation in the Lok Sabha has been approximately 14-15%[36] historically, and even though the percentage is slowly increasing, it still falls below the world average for female representation within national legislatures. [37]Female representation at the grassroots level has been increased through women winning elections at the Panchayat level, and many Women Political Leaders have resolved local issues i.e. water supply, sanitation, education & healthcare[38].

It is clear that women provide value-added contributions to their communities if they are provided the opportunity to do so; therefore women’s participation in the political process should be supported.

Global Overview of Women’s Seats at the Table

Around the globe, reservation or quota systems have been implemented to increase female representation politically. Countries like Mexico, South Africa, and Rwanda[39] have been successful in seeing a high number of women serving in their governmental bodies by enacting a quota through either their constitution or through legislation. With Rwanda specifically leading the effort through having the highest number of women represented in parliament in the world[40]. Every day across the world, Gender quotas are seen as a viable solution for closing the gap in political power due to genders. The Women’s Reservation Bill passed in India aligns with other countries that have created quotas for women to be represented in their respective governments to provide governance to women and all citizens throughout each country that make these decisions.

Obstacles to Implementation

The first step in this process is passing this bill; however, in order to be a successful piece of legislation, practical and social challenges need to be overcome.

Political Will

Political parties must truly support candidates who are women and not just go through the legal formality of supporting a women’s candidate.

Capacity Building

There also need to be adequate training, resources and possible institutional resources given to women representatives to assist them in being able to perform in the legislative position.

Social Barriers

Women are continually discouraged from entering into politics due to patriarchal attitudes toward women[41], financial insecurity to run a campaign, and/or fears for their safety once they begin campaigning.

Education and Economic Empowerment

In order for women to participate in a meaningful way, the political empowerment of women must also be accompanied by educational and economic empowerment.[42]

Stopping Tokenism

Women representatives should not be able to represent just for token purposes but should have a real voice in the decision-making process.

Looking Ahead

If the Women Reservation Bill is properly put into place with progress on associated social reforms and investments, it can change the face of Indian politics. The following are the next steps to help with implementation:

• Timely census and delimitation should be completed so that reservations can occur without further delays from those who will be conducting them.
• Parties need to begin nominating more women candidates voluntarily before they are required to under this law.
• Education and development for women through leadership training and knowledge of the political process requires additional emphasis within society.
• The politics of women should be conducive to women participating safely and without harassment or abuse.
• Society must recognize that women’s improvement and development through equal participation in the political arena is not only vital to the principles of democratic justice but also forms the basis of the advancement and development of the country as a whole.

Conclusion

India’s Women Reservation Bill is a landmark development in the advancement of women’s place in the political landscape of India. The Bill attempts to redress the historical absence of women in legislative decision making by assuring that 33% of seats in Parliament[43] (Lok Sabha) and State Legislative Assembly (Vidhan Sabha) are reserved for women, thereby facilitating the full and equal participation of women in political governance at all levels, “women potential could reshaped the India’s political sphere” (author unknown).

Although, the reservations can only be implemented once the Bill is passed and concerns regarding the rotation of seats, marginalization/caste representation have been sentenced to discussions, but still the overall general goal of the Bill is to provide an avenue of inclusiveness to the governance process with respect to women, and this has already been confirmed by various research studies on how women have made substantial contributions to policy development and administration, through local self governance.[44]

Thus, an authentic democracy can only be achieved through the equal representation of women in decision making. The Women Reservation Bill is not merely a legal reform, but is an illustration of the social advancement of women and the important constitution and obligation to equality in India, and if passed will provide millions of women with greater empowerment; will enhance the democratic process of the country; and will assist in the development of a more just and inclusive India.

 

 

 

REFERENCES

1. AMARTYA SEN, DEVELOPMENT AS FREEDOM (Oxford Univ. Press 1999).
2. AREND LIJPHART, PATTERNS OF DEMOCRACY: GOVERNMENT FORMS AND PERFORMANCE IN THIRTY-SIX COUNTRIES (2d ed. Yale Univ. Press 2012).
3. BINA AGARWAL, GENDER AND GREEN GOVERNANCE (Oxford Univ. Press 2010).
4. Convention on the Elimination of All Forms of Discrimination Against Women art. 7, Dec. 18, 1979, 1249 U.N.T.S. 13.
5. Esther Duflo & Raghabendra Chattopadhyay, Women as Policy Makers: Evidence from a Randomized Policy Experiment in India, 72 ECONOMETRICA 1409 (2004).
6. A. Res. 70/1, Transforming Our World: The 2030 Agenda for Sustainable Development (Sept. 25, 2015).
7. INDIA CONST. art. 14.
8. INDIA CONST. art. 15.
9. INDIA CONST. art. 15, cl. 3.
10. INDIA CONST. art. 39(a).
11. INDIA CONST. arts. 243D, 243T.
12. Inter-Parliamentary Union, Women in National Parliaments, https://data.ipu.org/women-ranking.
13. Inter-Parliamentary Union, Women in Parliament Database, https://data.ipu.org.
14. Inter-Parliamentary Union, Women in National Parliaments: Rwanda Ranking, https://data.ipu.org.
15. International IDEA, Gender Quotas Database, https://www.idea.int.
16. Lok Sabha Debates, Sept. 2023, https://loksabha.nic.in.
17. Lok Sabha Secretariat, Women Members in Lok Sabha, https://loksabha.nic.in.
18. Marc Galanter, Competing Equalities: Law and the Backward Classes in India (Oxford Univ. Press 1984).
19. Ministry of Panchayati Raj, Government of India, Annual Report 2022–23, https://panchayat.gov.in.
20. Niraja Gopal Jayal, Representing India: Ethnic Diversity and the Governance of Public Institutions (Palgrave Macmillan 2006).
21. PRS Legislative Research, The Constitution (128th Amendment) Bill, 2023, https://prsindia.org.
22. PRS Legislative Research, The Journey of the Women’s Reservation Bill, https://prsindia.org.
23. Rajya Sabha Debates, Sept. 2023, https://rajyasabha.nic.in.
24. Rajya Sabha Secretariat, Women’s Reservation Bill History and Parliamentary Debates, https://rajyasabha.nic.in.
25. The Constitution (One Hundred and Sixth Amendment) Act, 2023, Gazette of India, Extraordinary, Part II, sec. 1 (Sept. 29, 2023).
26. The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, Bill No. 128-C of 2023 (India).
27. The Constitution (Seventy-Fourth Amendment) Act, 1992.
28. The Constitution (Seventy-Third Amendment) Act, 1992.
29. United Nations Development Programme, Gender Equality in Public Administration (2014), https://www.undp.org.
30. United Nations Development Programme, Gender Equality Strategy 2022–2025 (2022), https://www.undp.org.
31. United Nations Women, Turning Promises into Action: Gender Equality in the 2030 Agenda (2018), https://www.unwomen.org.
32. United Nations Women, Women’s Equal Participation and Leadership in Political and Public Life (2018), https://www.unwomen.org.
33. United Nations Women, Women’s Political Participation (2021), https://www.unwomen.org.
34. Election Commission of India, Statistical Reports on General Elections, https://eci.gov.in.

 

 

 

 

[1] United Nations Women, Women’s Equal Participation and Leadership in Political and Public Life (2018), https://www.unwomen.org

[2] AREND LIJPHART, PATTERNS OF DEMOCRACY: GOVERNMENT FORMS AND PERFORMANCE IN THIRTY-SIX COUNTRIES 275–76 (2d ed. 2012).

[3] Inter-Parliamentary Union, Women in National Parliaments, https://data.ipu.org/women-ranking.

[4] The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, Bill No. 128-C of 2023 (India).

[5] PRS Legislative Research, The Constitution (128th Amendment) Bill, 2023, https://prsindia.org.

[6] The Constitution (One Hundred and Sixth Amendment) Act, 2023, Gazette of India, Extraordinary, Part II, sec. 1 (Sept. 29, 2023).

[7] INDIA CONST. art. 14.

[8] INDIA CONST. art. 15.

[9] The Constitution (Seventy-Third Amendment) Act, 1992.

[10] The Constitution (Seventy-Fourth Amendment) Act, 1992.

[11] INDIA CONST. arts. 243D, 243T.

[12] PRS Legislative Research, The Journey of the Women’s Reservation Bill, https://prsindia.org.

[13] Rajya Sabha Secretariat, Women’s Reservation Bill History and Parliamentary Debates, https://rajyasabha.nic.in.

[14] Rajya Sabha Debates, Sept. 2023, https://rajyasabha.nic.in.

[15] Lok Sabha Debates, Sept. 2023, https://loksabha.nic.in.

[16] The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, cl. 2.

[17] The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, cl. 2.

[18] The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, cl. 3.

[19] The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, cl. 4

[20] The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, cl. 5.

[21] The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, proviso to cl. 5.

[22]INDIA CONST. art. 14.

[23] INDIA CONST. art. 15, cl. 3.

[24] INDIA CONST. art. 39(a).

[25] Esther Duflo & Raghabendra Chattopadhyay, Women as Policy Makers: Evidence from a Randomized Policy Experiment in India, 72 ECONOMETRICA 1409 (2004).

[26] United Nations Development Programme, Gender Equality Strategy 2022–2025 (2022).

[27] The Constitution (Seventy-Third Amendment) Act, 1992.

[28] Inter-Parliamentary Union, Monthly Ranking of Women in National Parliaments, https://data.ipu.org/women-ranking.

[29] United Nations Women, Turning Promises into Action: Gender Equality in the 2030 Agenda (2018).

[30] Convention on the Elimination of All Forms of Discrimination Against Women art. 7, Dec. 18, 1979, 1249 U.N.T.S. 13.

[31] G.A. Res. 70/1, Transforming Our World: The 2030 Agenda for Sustainable Development (Sept. 25, 2015).

[32] Lok Sabha Debates, Sept. 2023, https://loksabha.nic.in.

[33] Niraja Gopal Jayal, Representing India: Ethnic Diversity and the Governance of Public Institutions 191–95 (2006).

[34] Bina Agarwal, Gender and Green Governance 221–25 (2010).

[35] Marc Galanter, Competing Equalities: Law and the Backward Classes in India 378–81 (1984).

[36] Lok Sabha Secretariat, Women Members in Lok Sabha, https://loksabha.nic.in.

[37] Inter-Parliamentary Union, Women in Parliament Database, https://data.ipu.org.

[38] Ministry of Panchayati Raj, Government of India, Annual Report 2022–23, https://panchayat.gov.in.

[39] International IDEA, Gender Quotas Database, https://www.idea.int.

[40] Inter-Parliamentary Union, Women in National Parliaments: Rwanda Ranking, https://data.ipu.org.

[41] United Nations Women, Women’s Political Participation (2021), https://www.unwomen.org.

[42] AMARTYA SEN, DEVELOPMENT AS FREEDOM 87–110 (1999).

[43] The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023.

[44] Esther Duflo & Raghabendra Chattopadhyay, Women as Policy Makers: Evidence from a Randomized Policy Experiment in India, 72 ECONOMETRICA 1409 (2004).