INTRODUCTION
On September 28, 2023, the Indian President ratified the Women’s Reservation Bill, also known as the Constitution (128th Amendment) Bill, 2023.
This action resulted in the Constitution (106th Amendment) Act becoming a law.
The “Nari Shakti Vandan Adhiniyam”, widely referred to as the newly enacted Women’s Reservation Bill seeks to create equal representation for women in politics by promoting greater female legislative participation.[1]
HISTORICAL BACKGROUND OF THE LEGISLATION:
In Indian politics, the Women’s Reservation Bill has a long and turbulent history. It was first put out in 1996 and has subsequently been brought up several more times. However, the measure has encountered several challenges and failed to pass each time because of a lack of political will and cooperation. This protracted history of failure serves as a reminder of the obstacles and opposition to women’s political engagement in India.
1996, 1998, 1999, and 2008 saw initiatives for constitutional amendments that would have reserved seats for women in state legislative assemblies and the Parliament. The first three laws (1996, 1998, and 1999) expired when the respective Lok Sabhas were dissolved. The Rajya Sabha presented and approved the 2008 Bill, but the Lok Sabha dissolved it. [2]
THE LONG ROAD TO GENDER PARITY: WHERE DO WE STAND?
India, despite its decades-long experience in representative democracy, continues to face significant challenges in its pursuit of gender equality in politics and society. The 2023 Gender Gap Index of India unveiled a significant discrepancy in the level of political empowerment exhibited by both genders. According to the available data, achieving gender equality in this particular domain is anticipated to require approximately 162 years. The Lok Sabha comprised 82 female members in 2023, representing a negligible 15 per cent of its overall membership. This portrayal deviates considerably from the established standards of gender equality and underscores the urgent need for initiatives that seek to increase women’s participation in politics. The fact that women comprised only nine per cent of the total candidates in the 2019 general election demonstrates the paucity of opportunities for women in politics.
Regrettably, throughout the seventy-year legislative history of India, the percentage of women in the legislature has consistently remained below 15 per cent. After examining the 2019 general election, it is apparent that the percentage of female candidates participating in the elections is considerably inadequate, totalling only nine per cent. It is indisputable, upon examining the representation of each state, that the number of female MLAs is significantly insufficient. Insufficiently, under 10 per cent of the legislative assemblies in 20 states and Union Territories were comprised of female representatives. [3]In the Lok Sabha, 41.7% of the female members are affiliated with the Biju Janata Dal, according to an analysis of political party membership. Fourth in representation is the Trinamool Congress, which holds a share of 40.9 per cent.
The magnitude of these statistics is astounding, prompting a fundamental concern: “can progress be accurately measured through numbers alone, or are there additional complexities that necessitate a deeper understanding to facilitate a more holistic transformation?”
UNDERSTANDING THE KEY PROVISIONS AND TIMELINE:
The objective of the Act is to provide 33 percent of the seats in the Lok Sabha, state legislative assemblies, and Delhi legislative assembly specifically for women. By amending Article 239AA of the Constitution and adding Articles 330A and 332A, this will be possible. The reservation would also apply to seats reserved for SC/ST in the Lok Sabha, state legislative assemblies, and the Delhi legislative assembly. However, this reservation would no longer be in effect after 15 years from the day when the amendment is implemented. The procedure for implementing the reservation is outlined in Article 334A. Nevertheless, as per Article 334A, these modifications will depend on the fulfillment and publication of the outcomes of a national census, the establishment of a delimitation committee, and the execution of a delimitation process after the census.[4]
UNPACKING THE PROCEDURAL PUZZLE:
Although the Act provides women with a positive outlook on legislative participation, multiple challenges need to be overcome before the law’s effective implementation.
A key part of the amendment says that it will only go into effect if the delimitation process goes smoothly in 2026, using the most up-to-date Census data that was collected after the bill was signed into law. By its very nature, this provision practically delays the earliest plausible year for its implementation until the next national election in 2029.
UNDERSTANDING DELIMITATION:
A retired Supreme Court judge serves as the chairman of India’s Delimitation Commission, which periodically updates electoral boundaries using Census data. This ensures fair representation by creating constituencies with roughly equal populations. Reserved seats for Scheduled Castes and Tribes are also allocated based on Census figures.
Importantly, the Commission’s decisions are final and cannot be challenged in court, ensuring objectivity and efficiency. This process has been conducted four times since 1952, but the women’s population was not explicitly considered until recently.
While the 2002 Commission skipped several states, recent years have seen activity. The delimitation process for Jammu and Kashmir took over two years, from 2020 to 2022, while Assam finalized its boundaries in 2023. However, legal challenges have emerged in Assam. The government plans to establish commissions for Arunachal Pradesh and Nagaland, but Manipur’s process is on hold.[5]
Therefore, delimitation is a crucial, ongoing process that shapes India’s political landscape. While it faced some delays and challenges, it remains vital for ensuring equitable and fair representation in Parliament. Understanding Delimitation:
Critics of the Women’s Reservation Bill have expressed legitimate apprehensions regarding the omission of Other Backward Classes (OBCs) from the reserved quota. They contend that implementing targeted reservations may unintentionally safeguard the interests of higher-caste individuals and neglect the requirements of underprivileged communities. In addition, critics raise concerns about the bill’s efficacy in advancing genuine gender equality if it fails to include provisions for reservation in the Rajya Sabha, state legislative councils, or legislative bodies of other Union Territories. These counterarguments emphasize the intricacies and possible constraints of the bill that must be taken into account during the discussion to guarantee a thorough and all-encompassing approach.[6]
While the Women’s Reservation Bill promises a significant leap towards gender equality in India’s legislature, the path to implementation is far from smooth. The timeline itself presents challenges. Delimitation, the process of redrawing electoral boundaries, could take up to three years after the next census, and reaching an agreement on this sensitive issue will be no easy feat. Furthermore, deciding which seats to reserve for women on a rotating basis will likely lead to further political disagreements.
By the time these hurdles are overcome, we’ll be closer to 2029, and the pressure will be immense. Not only will Parliament be up for election, but so will several state assemblies. This tight timeframe could leave political parties scrambling to finalize their strategies and candidate lists, potentially compromising the quality of their selections.[7]
In essence, the bill’s success hinges on navigating a complex landscape of political negotiations, logistical hurdles, and tight deadlines. While the challenges are daunting, the potential reward—a more inclusive and representative legislature—is undeniable. Whether or not India can get past these challenges and genuinely start a new chapter for women in politics remains to be seen.
A DRAMATIC LEAP, BUT CHALLENGES REMAIN:
While female representation in India’s Lok Sabha has seen a steady rise, with the number of MPs tripling from 26 in 1951 to 82 in 2019, the recent legislation mandating a 33% quota promises a dramatic leap forward. By 2029, the Parliament could see nearly 300 female MPs, a fivefold increase from the present.
However, this rapid surge raises concerns. With the number of Lok Sabha seats potentially increasing to 1000 after the delimitation exercise, parties will need to field almost 3000 female candidates in 2029. Questions loom: “will parties find enough qualified women, or will they resort to mere token nominations? Will influential political families exploit the quota to push their female members, or will these women be mere proxies for male relatives?”[8]
Moreover, the quota’s impact on other marginalized groups is worrying. Reports suggest that parties are favoring female candidates over qualified male candidates from Scheduled Castes and Tribes. This raises concerns about equitable representation across diverse backgrounds.
Therefore, while the quota offers a significant step towards gender equality in politics, it must be implemented with careful consideration to ensure that qualified women from all backgrounds are genuinely empowered and that existing inequalities within marginalized groups are not exacerbated. Parties must develop and implement strategies to identify and nurture talented female candidates, ensuring their representation truly reflects the diversity of India’s population. Only then can this significant step truly empower women and create a more inclusive parliament.
LOOKING BEYOND NUMBERS:
While the Women’s Reservation Bill offers a beacon of hope for greater female representation in India’s political sphere, its delayed implementation throws cold water on immediate dramatic changes. True progress requires a collective effort, not just from women but also from men, who must share the responsibility of driving this crucial reform.
Achieving true inclusion involves looking beyond mere numbers and focusing on the quality of women’s contributions. India’s complex political landscape necessitates a holistic approach that prioritizes both equality and fair representation for women and other marginalized groups.[9]
Despite bipartisan support, various internal hurdles remain. Political parties must overhaul their structures, challenge the existing male-dominated mindset, and actively seek qualified female candidates both within and outside their ranks. A transparent and meticulously planned implementation process can unlock India’s democratic potential and pave the way for a remarkable surge of women from diverse backgrounds to take their rightful place in the political arena.
While the journey may be slow, the potential for remarkable progress is undeniable.
Author(s) Name: Sanya Singh (Nirma University, Ahmedabad)
Reference(s):
[1] (The Gazette of India Extraordinary Part II Section 1, 29 September 2023) <https://egazette.gov.in/WriteReadData/2023/249053.pdf> accessed 5 January 2024
[2] PIB, “Union Home Minister and Minister of Cooperation, Shri Amit Shah Participates in the Discussion on Nari Shakti Vandan Adhiniyam in the Lok Sabha Today” (PIB, September 20, 2023) <https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1959212#:~:text=Shri%20Amit%20Shah%20said%20that%20four%20attempts%20have%20been%20made,committee%20headed%20by%20Seema%20Mukherjee.> accessed January 6, 2024
[3] Desk E, “A Look at Women Representation in Parliaments of 10 Democracies” (The Indian Express, September 21, 2023) <https://indianexpress.com/article/explained/everyday-explainers/women-representation-parliament-democracies-8946800/> accessed January 6, 2024
[4] (The Gazette of India Extraordinary Part II Section 1, 29 September 2023) <https://egazette.gov.in/WriteReadData/2023/249053.pdf> accessed 5 January 2024
[5] “Delimitation” (Election Commission of India) <https://www.eci.gov.in/delimitation-website/delimitation/> accessed January 6, 2024
[6] Singh R, “Women’s Reservation Act and Its Unsettled Details” (The India Forum, December 13, 2023) <https://www.theindiaforum.in/gender/womens-reservation-act-and-its-unsettled-details> accessed January 6, 2024
[7] Chadha S, “Women Reservation Bill 2023 – A View Point” (Times of India Blog, September 29, 2023) <https://timesofindia.indiatimes.com/blogs/blunt-frank/women-reservation-bill-2023-a-view-point/> accessed January 6, 2024
[8] Ibid.
[9] Chauhan T and Jaffrelot C, “On Women’s Reservation Bill, One Step Forward, Two Steps Back” (The Indian Express, November 13, 2023) <https://indianexpress.com/article/opinion/columns/nari-shakti-vandan-adhiniyam-womens-reservation-bill-house-of-inequality-9024205/> accessed January 6, 2024
