On September 19, 2023, the Indian Parliament reached a momentous achievement as it approved the Women’s Reservation Bill, alternatively named ‘Nari Shakti Vandan Adhiniyam.’ This notable legislative advancement represents a critical juncture in the ongoing efforts to promote gender equality, especially concerning women’s leadership in politics.
The successful passage of this bill serves as a resounding testament to India’s unwavering dedication to fostering women’s leadership and empowerment, a commitment it actively championed on the global stage during its G20 Presidency this year.
At a time when women hold just 26.7% of parliamentary seats and 35.5% of local government positions worldwide, India’s bold step in this direction carries immense potential to inspire positive change on a global scale. As one of the world’s largest economies, India’s action sets a powerful example for the international community, highlighting the importance of gender diversity and representation in political decision-making processes.
The Evolution of the Women's Reservation Bill
The origins of the women’s reservation in elected bodies can be traced back to the visionary leadership of former Prime Minister Rajiv Gandhi in May 1989. It was during his tenure that the Constitution Amendment Bill, which aimed to provide one-third reservation for women in both rural and urban local bodies, was first introduced. While the Bill successfully passed in the Lok Sabha, it faced an unfortunate setback when it failed to secure approval in the Rajya Sabha in September 1989.
In subsequent years, then-Prime Minister P.V. Narasimha Rao championed the cause by reintroducing two crucial Constitution Amendment Bills, numbered 72 and 73 in 1992 and 1993. These bills aimed to reserve one-third (33%) of all seats and chairperson positions for women in rural and urban local bodies. Fortunately, both bills successfully passed through both houses of Parliament, becoming the law of the land. As a result, today, nearly 15 lakh elected women representatives serve in panchayats and Nagar-Palika’s across the country.
The journey towards women’s reservation in the Parliament reached a significant milestone on September 12, 1996, when the Deve Gowda-led United Front government introduced the 81st Constitution Amendment Bill in the Lok Sabha.
Despite its initial failure to gain approval, it was referred to a Joint Parliamentary Committee led by Geeta Mukherjee. The Mukherjee Committee presented its report in December 1996, but regrettably, the Bill lapsed with the dissolution of the Lok Sabha.
In the subsequent years, the Atal Bihari Vajpayee-led NDA government made multiple attempts to pass the Women’s Reservation Bill in the 12th Lok Sabha in 1998, 1999, 2002, and 2003, all without success.
It was during the tenure of Prime Minister Manmohan Singh’s UPA government-1 in 2004 that the bill gained renewed momentum. Included in the Common Minimum Programme, the Bill was tabled in the Rajya Sabha on May 6, 2008, with measures from the 1996 Geeta Mukherjee Committee recommendations. After thorough consideration, the legislation was approved by the Union Cabinet in February 2010 and passed in the Rajya Sabha with an impressive vote of 186-1 on March 9, 2010.
However, despite this significant progress, the Women’s Reservation Bill faced another obstacle when it was never taken up for consideration in the Lok Sabha and ultimately lapsed in 2014 with the dissolution of the Lok Sabha. It’s worth noting that bills introduced and passed in the Rajya Sabha do not lapse, which means that the Women’s Reservation Bill remains an active and vital initiative in India’s ongoing pursuit of gender equality and political empowerment.
Recent Developments Regarding the Women's Reservation Bill
On September 19, 2023, a significant legislative proposal was introduced in the Lok Sabha, known as the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023. This landmark bill aims to bring about a transformative change by reserving one-third of the total seats in Lok Sabha and state legislative assemblies for women.
KEY PROVISIONS–
Reserving Seats for Women:
The core objective of the bill is to ensure gender equality in India’s political landscape. It mandates the reservation of one-third of all seats in Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women. Importantly, this reservation also extends to seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in Lok Sabha and state legislatures.
Commencement of Reservation:
The implementation of this reservation will become effective after the publication of the census conducted following the bill’s enactment. Subsequently, a delimitation process will be initiated to allocate these reserved seats for women. Initially, the reservation will be provided for a duration of 15 years. However, it can continue beyond this period if determined by a law enacted by Parliament.
Rotation of Reserved Seats:
To ensure fairness and equitable representation, the bill introduces a provision for the rotation of seats reserved for women after each delimitation exercise. The specifics of this rotation will be determined by a law passed by Parliament.
KEY CHANGES BETWEEN 2008 and 2023 Women’s Reservation Bills
The table presented below outlines notable differences between the 2008 Bill, as approved by the Rajya Sabha, and the 2023 Bill that has been introduced.
ASPECT | 2008 Bill (Rajya Sabha) | 2023 Bill |
Scope of Reservation | Reserved one-third of seats in Lok Sabha and state legislatures for women. Reserved seats also for Scheduled Castes (SCs) and Scheduled Tribes (STs). | Reserves one-third of seats in Lok Sabha and state legislatures for women. Reserved seats also for SCs and STs. Additionally, applies to the Legislative Assembly of the National Capital Territory of Delhi. |
Commencement | Reservation to begin after the first census following the enactment of the bill. Delimitation to follow. Reservation valid for 15 years but can be extended by subsequent legislation. | Reservation starts after the census conducted post the bill’s commencement is published. Delimitation to follow. Reservation initially for 15 years but can continue as determined by future legislation. |
Rotation of Seats | No specific provision for the rotation of reserved seats. | Introduces a mechanism for the rotation of seats reserved for women after each delimitation, with the specifics to be determined by a law passed by Parliament. |
Additional Territory | Not applicable as the bill focused on Lok Sabha and state legislatures. | Extends the reservation to the Legislative Assembly of the National Capital Territory of Delhi, thereby broadening the scope of representation |
Key Focus | Primary focus on increasing women’s representation in legislative bodies. | Continues to emphasize women’s representation but extends the scope to ensure representation in the Legislative Assembly of the National Capital Territory of Delhi. |
Implementation Details | Detailed provisions for implementation not specified in the table | Implementation details may vary but would involve conducting the census, delimitation process, and legislative measures to ensure the effective implementation of the reservation. |
CRITICISM OF WOMEN’s RESERVATION BILL 2023
Women’s reservation bills, aimed at increasing female representation in political bodies, have generated a spectrum of critiques:
Exclusion of Marginalized Rural Women: Critics argue that dedicating seats exclusively for women may primarily benefit educated and urban women, potentially neglecting underprivileged rural women from marginalized castes.
Patriarchal Opposition: Some opponents contend that resistance to these bills from certain political leaders stems from patriarchal tendencies, with fears of a power shift if significant seats are allocated to women.
Ambiguity in Implementation: The bill’s implementation schedule lacks clarity regarding the election cycle from which women will receive their fair share of seats, potentially causing confusion and delays.
Exclusion of Upper Houses: The bill’s omission of women’s reservation in the Rajya Sabha and state legislative councils overlooks the underrepresentation of women in these upper houses compared to the Lok Sabha, undermining the principle of equal representation.
Meritocracy Concerns: Critics worry that women’s reservation could compromise political meritocracy, suggesting that candidates should be elected based on qualifications rather than gender.
Tokenism: There are concerns that women elected to reserved seats might have limited political influence, potentially leading to token representation.
Underrepresentation of Men: Some argue that extensive reservation for women could lead to the underrepresentation of men in political bodies, causing a gender imbalance.
Economic Impact: Critics raise concerns about the financial burden and administrative changes required for effective implementation.
Political Parties’ Motives: There’s apprehension that political parties may use reservation as a symbolic gesture without actively promoting women’s empowerment within their organizations.
Intersectionality: Critics emphasize the importance of considering intersectionality, accounting for factors such as caste, class, and regional diversity, alongside gender, in reservation policies.
These multifaceted concerns emphasize the complexity and importance of addressing a broad spectrum of issues to ensure the success and effectiveness of the Women’s Reservation Bill 2023 in achieving genuine gender parity in Indian politics.
SIGNIFICANCE AND PURPOSE OF THE WOMEN’S RESERVATION BILL 2023
The Women’s Reservation Bill in India holds immense significance and serves several vital purposes:
Gender Equality and Empowerment: At its core, the bill strives to champion gender equality and empower women by ensuring their meaningful representation in political decision-making. Recognizing that women constitute nearly half of India’s population, the bill addresses a fundamental aspect of gender justice.
Promoting Political Participation: The bill’s primary goal is to elevate women’s political participation at all levels of government. By reserving seats for women, it actively encourages women to engage in politics, contest elections, and assume public office.
Amplifying Women’s Voices and Issues: Enhanced representation of women in legislative bodies ensures that women’s voices are not just heard but become pivotal in shaping policies and laws. It opens avenues for addressing critical issues such as women’s rights, education, healthcare, and safety, resulting in legislation that combats gender-based discrimination and violence.
Inspiring Future Leaders: Women elected to political office serve as inspiring role models for aspiring women and girls, motivating them to pursue leadership roles across various domains, including politics.
Challenging Patriarchy: By reserving seats for women, the bill actively challenges entrenched gender roles and stereotypes, pushing back against the prevailing patriarchal norms within Indian politics and society.
Enhancing Governance: Research indicates that gender diversity in decision-making bodies, including legislatures, often leads to improved governance and decision-making. Diverse perspectives and experiences are considered, contributing to more comprehensive and balanced governance.
Social and Economic Development: Empowering women politically can have ripple effects on social and economic development. It can pave the way for gender-sensitive development policies, improved access to education and healthcare for women, and expanded economic opportunities.
Addressing Gender Disparities: The bill plays a pivotal role in mitigating gender disparities in various sectors, including education, employment, and healthcare, by prioritizing women’s concerns and priorities.
International Commitments: As a signatory to international agreements and conventions promoting gender equality and women’s empowerment, implementing the Women’s Reservation Bill underscores India’s dedication to meeting its international obligations.
Fostering Inclusive Politics: The bill encourages political parties to cultivate women leaders and provide them with opportunities to contest elections, ultimately fostering a more inclusive and diverse political landscape that better represents the nation’s diverse population.
In conclusion, the Women’s Reservation Bill of 2023 represents a pivotal moment in India’s journey towards gender equality and inclusive governance. Its multifaceted significance extends far beyond mere political representation, encompassing the empowerment of women, the amplification of their voices, and the dismantling of patriarchal norms within the political landscape.
This legislation, with its purposeful goal of increasing women’s participation in politics, not only promises to bridge gender disparities but also holds the potential to foster better governance, address pressing gender issues, and inspire future generations of leaders.
By committing to international standards of gender equality and recognizing the diverse needs and perspectives of its population, India reaffirms its dedication to a more equitable future. The Women’s Reservation Bill serves as both a symbol of progress and a practical step towards realizing a more inclusive and just society, where every citizen, regardless of gender, has an equal opportunity to shape the nation’s destiny.
Written by – Srishti Wadhwa
Edited by – Khursheed Muzaffar