IS THE WOMEN’S RESERVATION BILL IN INDIA WRAPPED IN UNCERTAINITIES?

The Women’s Reservation Bill which promises 33% seats in the Lok Sabha and State Assemblies for women was passed in the Lower House of the Parliament on the 19th of September, 2023 by the Union Minister of Law and Justice, Arjun Ram Meghwak. The Bill has been titled as ‘Nari Shakti Vandhan Adhiniyam’. The Bill maybe one of the most politicized acts of law which has been passed with a complete majority in India in the last 27 years. Not only is it affecting half of the electorate, but also because of the timing and the way it has been presented. Once implemented, it couldconnote a new India for all of us.

WHY DO WE NEED A WOMEN’S RESERVATION BILL IN INDIA?
India is often referred to as the world’s largest democracy and has long struggled with gender disparity in its political arena. The introduction of the Women’s Reservation Bill highlights it as a pivotal moment in India as it signifies a crucial step towards achieving gender parity in the country’s legislative bodies and it carries profound implications for India’s societal fabric, political discourse and global standing. Several constitutional provisions, such as equality before law under Article 14, gender equality under Article 15, equality of opportunity under Article 6, the right to vote under Article 326 etc, guarantee equality for women along with their male counterparts, but in practical terms, the participation of women in politics is very low.
It is impossible to ignore the fact that women make up nearly half of India’s registered voters with their political participation steadily on the rise over the past two decades. This growing engagement among women necessitated a corresponding increase in their representation in politics. The Women’s Reservation Bill aligns seamlessly with the evolving reality, providing women with a more equitable role in shaping the nation’s policies and directions. India’s under representation of women in its highest legislative bodies has persisted for decades. Presently, women hold about 15% of the seats in the Lower House and only about 12% in the Upper House of Parliament. This glaring gender gap underscores India’s dire need to enhance the presence of women in its political landscape.
Since India’s independence,parliamentary representation has been skewed in favor of men. Given the patriarchal nature of society, women traditionally stayed away from politics and the public eye. It is important to note that societal bias against women is not the only obstacle female politicians have to face. Female candidates are often made to contest in elections as ‘namesakes’ for their husbands from urban to rural elections. This practice undermines the spirit of true female representation and reinforces gender stereotypes.

HOW DID THE WOMEN IN PARLIAMENT REACT TO THE BILL?

Congress leader Sonia Gandhi extended her support to the Bill but opined that it needs to be implemented without any further delay. “For the last 13 years, women have been waiting for their political responsibilities and now they are being asked to wait for a few more years,” she said. Trinamool Congress (TMC) MP Mahua Moitra was critical of the bill. According to Moitra,“the question of women’s reservation requires action, not legislatively mandated procrastination.”
One of the most significant impacts of the Bill has been the emergence of women leaders as role models for young girls across the nation. The presence of women in prominent political positions has inspired the next generation to aspire to leadership roles in various fields, challenging stereotypes and nurturing future leaders. What remains to be seen is the perspective of women in politics, which should be more than just reservation, nepotism and celebrity hood. It should be about the direct participation of women at all levels of politics.

IS THE WOMEN’S RESERVATION BILL WRAPPED IN UNCERTAINITIES?
While seeking to set aside 1/3rd of all seats for women in the Lok Sabha and Legislative Assemblies, the Bill is riddled with complexities, not the least being its linkage to the delimitation exercise. The coupling of the Bill with delimitation raises the question – when can women expect to get the political representation they have been seeking for decades?
Women from the Other Backward Classes (OBC), Scheduled Castes (SC) and Scheduled Tribes (ST) face dual discrimination. They are discriminated against based on both their castes as well as their gender. To ensure a wide representation of women, it is necessary to reach out to women from the SC, ST and OBC. The other issue is the demand for a sub quota for women among the Other Backward Class (OBCs) and minorities, both of which were raised.. We need ‘quota within a quota’ for the OBC, Dalit and Adivasi women along with horizontal reservation for the gender marginalized like the trans women, trans binary, trans non-binary and intersex people. The women’s representation should be ‘inter sectional’ and not ‘tokenized’ or existing just in name. While critics of the Bill argue that reservations for women may be in conflict with the principles of meritocracy, it is essential to recognize that the Bill seeks to address historic gender-based discrimination. Affirmative action measures like these are often necessary to overcome deeply entrenched biases.
In conclusion, the Women’s Reservation Bill represents a historic milestone in India’s journey towards gender equality in politics. It acknowledges the importance of women’s voices in shaping the nation’s future. While challenges and debates persist, the Bill’s passage marks a significant step forward in empowering the nation and fostering a more equitable and prosperous India. It is a step towards building a nation where every citizen regardless of their gender has an equal opportunity to participate in the democratic process and is also able to contribute to the nation’s progress.
Ultimately, the question that needs to be asked is: Will the legislation ensure equity in representation or will the upper class/caste women continue to have inherent advantages over the others?”

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REFERENCES
Coomi Kapoor. (2023). “Euphoria over women’s reservation Bill should be tempered with skepticism”
https://indianexpress.com/article/opinion/columns/women-reservation-bill-women-voters-in-india-narendra-modi-8965721/

Divya Pradeep and Roopa Patavardhan. (2023). “Women’s Reservation Bill Is Significant, But Concerted Efforts Needed to Realise Full Potential”
https://thewire.in/women/womens-reservation-bill-significant-concerted-efforts-empowerment

Her. (2023). “Understanding the Women’s Reservation Bill, without the jargon and bias”
https://www.herzindagi.com/society-culture/understanding-the-womens-reservation-bill-without-the-jargon-and-bias-article-247701

Pritika Singh. (2023). “Empowering Nation: the Women’s Reservation bill, a step towards equality. https://time.com/6316383/india-womens-reservation-bill/
Shalini Maria Lawrence. (2023).”Reserve for Deserved: quota within quota, a dire need in Women’s Reservation Bill
https://www.thequint.com/opinion/women-reservation-bill-quota-within-quota-dalit-bahujan-intersex-trans-persons

Suraj Dev. (2023). “Women’s Reservation Bill: 27 years in making”
https://www.youthkiawaaz.com/2023/09/womens-reservation-bill-27-years-in-making-issue-of-obc-quota/
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GURLEEN KAUR
INTERN, ASIA IN GLOBAL AFFAIRS

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