From Proposal to Progress: The Women’s Reservation Bill’s Journey in Parliament

Syllabus:
GS 1: Society – Role of women; Social empowerment
GS 2: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Context:
The Union Government’s introduction of the 128th Constitutional Amendment Bill

The New Reservation Bill Taking Center Stage

• The Union Government’s introduction of the 128th Constitutional Amendment Bill in 2023 is a historic and pivotal development for Indian society and politics.
• This groundbreaking legislation proposes a 33% reservation for women in the Lok Sabha and all state Legislative Assemblies.
• Significantly, this reservation extends to seats previously reserved for Scheduled Castes (SC) and Scheduled Tribes (ST).
• The move holds immense significance given past attempts to enact similar reforms, some of which passed in the Rajya Sabha but stumbled during rigorous parliamentary scrutiny.
• In India, earlier endeavors to introduce and pass this bill often resulted in protests and dramas, even the symbolic tearing of the legislation within the walls of the Parliament.
• This article delves into the multifaceted dimensions of the proposal, examining its potential to reshape political representation and gender equity in India while also addressing the challenges it faces on its path to becoming law.

Women Throughout the History

Women’s Representation in Ancient India

• The Early Vedic Age stands as a testament to a time when women held high regard in society.
• Their participation in political organizations like Sabha and Samiti mirrored the shared political rights between men and women.
• Prominent female figures included Apalla, Gargi, Lopamudra, Biswabara, Sikata, and Ghosha not only had high reputations but also actively participated in Sabha and Samiti, which served to control the authority of the king.
• The decentralized power structure, where society was organized into family, Grama, Bish, Jana, and Rajya, allowed women to actively participate in governance.

Women’s Participation in the Medieval Period

• Women’s representation in various aspects of governance during the medieval period in India was generally quite limited.
• During the 15th and 16th centuries, Indian women were generally excluded from public and political activities due to the male-centric structure of society.
• The prevailing cultural norms restricted their involvement in political affairs.
• Despite societal limitations, some women successfully participated in politics and played significant roles.
• Razia Sultan’s brief but impactful reign as the Sultan of Delhi serves as an early example of a woman occupying a position of power.
• Women, such as Maham Anga, Jodha Bai, Nur Jahan, and Zeb-un-nisa, actively participated in political affairs at the Mughal court.
• They often acted as mediators and peacemakers, influencing political decisions.
• These historical examples of women’s active participation in medieval politics provide a historical foundation for discussions on women’s reservation in political institutions.

Women in Modern India

• In the era of British colonial rule in India, women’s participation in various facets of governance was notably restricted.
• Indian women made vital contributions to the Indian nationalist movement for independence.
• Prominent figures such as Sarojini Naidu, Annie Besant, and Kamala Nehru emerged as key leaders in this struggle.
• Mahatma Gandhi issued a compelling call to women, who comprised nearly half of India’s population, urging them to actively support the cause of freedom.
• Women responded to this call-in large numbers and, under Gandhi’s leadership, they became actively involved in the struggle for independence.
• Women began to challenge and address the long-standing injustices they had endured within the orthodox society.
• The Indian National Congress prioritized women’s empowerment in various aspects of life.
• Sarojini Naidu even served as the President of the Congress Party in 1925.
• Among the 389 members of the Indian Constituent Assembly, a notable inclusion was 15 women who actively participated in the constitution-making process.
• After independence, women continued to break barriers in Indian administration.
• Rajkumari Amrit Kaur was appointed the First Health Minister in 1947 by Prime Minister Pandit Nehru.
• India’s inaugural Lok Sabha assembly, which served from 1952 to 1957, consisted of just 24 women representatives.
• Although the number of women in subsequent elections showed signs of growth, this increase remained inconsistent.

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Decades of Progress: Women’s Representation in Indian Parliament

• India’s first Lok Sabha assembly (1952-57) had only 24 women members.
• Subsequent elections saw an increase in women’s representation, although the growth remained inconsistent.
• The sixth Lok Sabha (1977-80) had the lowest number of women members, with only 21 women.
• The trend changed after the ninth assembly when the increase in women’s representation gained momentum.
• Currently, there are 82 women in the Lok Sabha, constituting 15% of its members.
• Over 70 years (1952-2022), the increase has been just 57 women MPs, highlighting slow progress.
• Approximately 62% of all elected women MPs belong to two political parties: the Bharatiya Janata Party and the Indian National Congress.
• National parties generally account for about 73% of all elected women MPs, state-based parties for about 25%, and local parties for around 2.21%.
• The share of women parliamentarians has never exceeded 15% in over 70 years of India’s electoral history.
• When considered as a share of total candidates in the 2019 general election, women’s representation was even lower at 9%.

Women’s Representation in State Legislative Assemblies: An Overview

• Women’s representation in State Legislative Assemblies often falls below that of the Lok Sabha.
• Only Tripura’s Assembly has achieved the 15% mark in women MLAs.
• In 20 States and Union Territories, women’s representation is below 10%.
• States like Gujarat, Maharashtra, Andhra Pradesh, Kerala, Tamil Nadu, Telangana, and Karnataka have notably low percentages of women MLAs.
• The 2023 election marked a historic moment as Nagaland elected its first two women MLAs.

Party-wise Breakdown

• The representation of women in State Legislative Assemblies varies based on political party affiliations.
• The Trinamool Congress in West Bengal leads with the highest share of women MLAs (15.3%).
• The Congress in Chhattisgarh follows closely with 14.7% women MLAs.
• Conversely, parties like the Congress in Karnataka, the Bharat Rashtra Samithi in Telangana, and the Dravida Munnetra Kazhagam in Tamil Nadu have among the lowest shares of women MLAs.

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The Global Scenario

Inter-Parliamentary Union report: Women in Parliament 2022

• India ranks 144 out of 193 countries in women’s representation in Parliament according to the Inter-Parliamentary Union’s latest report, underlining the need for improved gender diversity in Indian legislative bodies.
• Every functioning parliament worldwide now includes women, marking a historic shift towards diversity.
• Average Women’s Participation In the 47 countries with 2022 elections, women secured an average of 25.8% of parliamentary seats, demonstrating a 2.3% increase compared to previous elections.
• Brazil witnessed a record number of 4,829 black women running for election out of 26,778 candidates.
• USA experienced a historic presence of 263 women of color participating in midterm elections.
• New Zealand joined the club of five countries (Cuba, Mexico, Nicaragua, Rwanda, and the UAE) with gender parity in their lower chambers.
• Japan saw an increase in women’s representation, with more women elected to legislative positions. In contrast, India’s representation of women in parliament lagged behind both global and regional averages, showing slower progress.
• Pacific region achieved the highest growth rate in women’s representation, marking an impressive milestone with an overall average of 22.6% women in parliament.
• Despite elections in 15 chambers in 2022, the European region experienced minimal change, maintaining a consistent 31% representation of women in parliament.
• Middle East and North Africa recorded the lowest regional percentage, with women elected to an average of 16.3% of parliamentary seats.
• Notably, some countries like Algeria, Kuwait, and Lebanon had women’s representation below 10%, emphasizing the challenges in achieving gender parity in political leadership.

Constitutional Provisions Regarding Women’s Equality and Representation

• Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 15(3) allows the state to make special provisions for women and children.
• Article 16 ensures equality of opportunity in matters of public employment and prohibits discrimination based on sex.
• Article 39(a) directs the state to ensure that citizens, men and women equally, have the right to adequate means of livelihood.
• Article 42 provides for just and humane conditions of work and maternity relief for women.
• Article 46 promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, including women.
• The 73rd and 74th Amendments mandate reservations for women in Panchayati Raj Institutions and urban local bodies.
• Article 243D provides for the reservation of seats for women in Panchayats.
• Article 243T provides for the reservation of seats for women in Municipalities.
• Article 330 provides for reservation of seats in the House of the People (Lok Sabha) for Scheduled Castes and Scheduled Tribes, including women.
• Article 332 provides for reservation of seats in the State Legislative Assemblies for Scheduled Castes and Scheduled Tribes, including women.

The Historical Trajectory of Women’s Reservation

• The call for political reservation for women in India has a long history dating back to the days of the Indian national movement.
• In 1931, prominent leaders Begum Shah Nawaz and Sarojini Naidu penned a letter addressed to the British Prime Minister.
• The letter passionately advocated for absolute equality of political status for Indian women.
• Within the letter, they emphasized the importance of not seeking any form of preferential treatment, as it would undermine the universal demand of Indian women for absolute political equality.
• Women’s reservation was discussed in the Constituent Assembly but rejected as unnecessary, relying on the assumption that democracy would naturally ensure representation for all groups.
• In the post-independence decades, it became evident that women’s reservation was not guaranteed despite the struggles for freedom.
• The issue of women’s reservation gained prominence in policy debates as a recurring theme.
• Over time, several State governments began introducing reservations for women in local bodies.
• The National Perspective Plan for Women in 1988 recommended reservation for women at all levels, from panchayats to Parliament.
• The historic 73rd and 74th amendments to the Constitution were enacted in response to these recommendations.
• These amendments mandated one-third reservation for women in Panchayati Raj Institutions and urban local bodies.
• Within the reserved seats, one-third was specifically allocated for Scheduled Caste/Scheduled Tribe women.
• Several states, including Maharashtra, Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, and Kerala, legally established 50% reservation for women in local bodies.

The History of Women’s Reservation Bill

• In 1971, the Committee on the Status of Women in India (CSWI) was appointed by the Union Ministry of Education and Social Welfare to examine women’s social status, education, and employment in response to a request from the United Nations.
• The CSWI’s report, ‘Towards Equality,’ highlighted the Indian state’s failure to ensure gender equality and led to some states announcing reservations for women in local bodies.
• In 1987, a committee under Margaret Alva presented the National Perspective Plan for Women, 1988-2000, recommending reservations for women in elected bodies.
• These recommendations led to the Constitution 73rd and 74th Amendment Acts, mandating the reservation of one-third of seats for women in Panchayati Raj institutions and urban local bodies.
• The first women’s reservation Bill was introduced in 1996, seeking to reserve one-third of seats for women in Parliament and state legislatures, but faced opposition and was sent to a Select Committee of Parliament.
• Despite efforts by subsequent governments, including the Gujral government and the Vajpayee government, consensus on the Bill could not be reached, leading to its lapsing.
• In 2008, the UPA government introduced a similar Bill in Rajya Sabha, which was passed by the Upper House but lapsed in Lok Sabha due to differences within the UPA.
• The BJP included a promise of 33% reservation for women in parliamentary and state assemblies in its 2014 and 2019 election manifestos.

Women’s Reservation Bill: The Constitution (128th Amendment) Bill

• The Indian government has recently introduced The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023.
• The primary objective is to provide 33% reservation for women in both the Lok Sabha (the lower house) and state Legislative Assemblies.
• The proposed Bill outlines the reservation of one-third of the seats in the Lok Sabha and state Assemblies exclusively for women.
• This reservation extends to women belonging to historically marginalized groups such as Scheduled Castes and Scheduled Tribes, ensuring a more inclusive representation.
• The Bill introduces new articles (330A and 332A) in the Constitution to implement these changes.
• The Bill includes a sunset clause specifying that the reservation will be applicable for 15 years from the commencement of the Act.

Significance of Women’s Participation in Lawmaking

• The introduction of affirmative action through reservations is imperative because political parties inherently maintain patriarchal structures, making it challenging for women to access positions of power and influence.
• Women continue to be underrepresented in Parliament, and the implementation of reservations will guarantee the formation of a robust women’s lobby.
• This lobby can effectively advocate for issues that are often sidelined or neglected.
• Increasing women’s representation in decision-making is vital to address pressing concerns such as high crimes against women, low workforce participation, poor nutrition levels, and skewed sex ratios.
• The representation of women in national parliaments is a pivotal gauge of advancements in gender equality within the political sphere.
• Reservation mechanisms serve as incentives for women to enter politics, actively partake in electoral activities, and become actively involved in the political process.
• Reservation challenges prevailing societal perceptions of women in politics, contributing to the deconstruction of stereotypes and fostering increased female participation.

Arguments Against Reservation of Women

• Concerns exist that reservation policies may reinforce the notion that women are not competing based on merit, which could undermine their perceived competence and status.
• There’s a potential risk that reservation measures primarily benefit privileged women, potentially worsening inequalities faced by marginalized and underprivileged groups.
• The rotation of reserved constituencies in each election might reduce the motivation of Members of Parliament (MPs) to actively work for their constituencies, as they could become ineligible for re-election in the same geographic area.
• Worries that reservation policies might result in elected women having limited decision-making authority, effectively acting as conduits for male decision-makers.
• The reservation of legislative positions for women may lead to qualified men missing out on these roles, potentially diminishing the overall competence of legislative bodies.

The Reality

• Inadequate representation of women in India’s Parliament is evident from historical data.
• Gendered roles persist in Indian society, affecting women’s participation in politics.
• Women often require permission to enter politics and prioritize family responsibilities.
• Patriarchy continues to reinforce male dominance in public spaces.
• India’s claim as the world’s largest democracy is undermined by the lack of female representation in positions of power.
• Policymakers, legislators, academics, and the public should work toward greater gender representation through legislative interventions.
• The social consciousness of society, including within families, must reflect on the issue of women’s representation in public life.

What is the Way Forward

• Advocate for the swift passage of the Constitution (128th Amendment) Bill, 2023, proposing a 33% reservation for women in the Lok Sabha and state Legislative Assemblies, ensuring inclusivity for historically marginalized groups.
• Raise awareness about the pivotal role of women’s participation in addressing critical issues such as gender-based violence, workforce engagement, and nutritional challenges.
• Equip women in politics with the tools to excel through training, mentorship, and access to necessary resources, enabling their active involvement in political decision-making.
• Confront and dismantle gender stereotypes that obstruct women’s engagement in politics, fostering an all-encompassing political environment.
• Promote the establishment of a robust women’s advocacy group within Parliament, dedicated to championing issues relevant to women’s well-being and rights.
• Drive gender equality through grassroots education and awareness initiatives, extending their reach to families and communities.
• Urge political parties to take a proactive stance in supporting women’s participation in politics, spanning from grassroots activism to leadership roles within party structures.
• Delve into additional legislative enhancements, including measures that address family responsibilities and facilitate work-life balance for women in politics, to further enhance women’s engagement in the political sphere.

References:

• Inter-Parliamentary Union
• The Hindu
• The Indian Express
• The Law Advice