Women's Reservation Act: A Step Towards Gender Equality in India

  • The share of women in Parliament in India is around 15%. (Inter-Parliamentary Union data)
  • India ranks 141 out of 193 countries on the basis of Women''s representation in the parliament.
    • Countries like Pakistan, South Africa, and Kenya have a higher share of women representatives.
  • The highest proportion of women representatives was in Uttarakhand (56.02%) and the lowest was in Uttar Pradesh (33.34%).
  • Overall, there were 45.61% women representatives in Panchayati Raj institutions in the country.
  • Elected women representatives have over time asserted their presence in spite of interference from male family members. (Research by Tanya Jakimow of the University of New South Wales and Niraja Gopal Jayal)
    • A similar outcome may also be seen in higher elected bodies.

Women''s Reservation Bill:

  • The Act seeks insertion in Article 330A for 33% reservation to women in the Lok Sabha and state legislative Assemblies.
  • It will increase the number of women Members of Ps from 82 to 181, but this quota won''t apply to Rajya Sabha or state Legislative Councils.
  • The seats already reserved for Scheduled Castes and Scheduled Tribes will also come within the purview of women’s reservation.
    • Article 243D of the Constitution provides for the reservation of seats for SCs, STs, and women in Panchayats.
  • It will come into effect after the delimitation exercise and will continue for 15 years.
    • Seats reserved for women will be rotated after each delimitation exercise.
  • It is also called the ‘Nari Shakti Vandan Adhiniyam’.
  • The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 was the first Bill to be passed in the new building of Parliament.

Challenges in Implementation of the Bill:

Delimitation exercise:

  • Delimitation is a Constitutional mandate, to be carried out after every Census.
  • It is done to readjust the number of seats and their boundaries based on the latest population data.
  • Articles 82 and 170(3) of the Constitution would have to be amended for delimitation.
    • Article 82 provides for the readjustment of constituencies (number and boundaries) of both Lok Sabha and state Assemblies after every Census.
    • Article 170(3) deals with the composition of the Legislative Assemblies.

Legal Contingencies:

  • Constitutional courts may need to determine whether such an approach is warranted.
  • This legal intricacy underscores the importance of addressing gender equality comprehensively rather than through conditional legislation.

Transforming Societal Attitudes and Reducing the Unpaid Labour Divide

Societal attitude:

  • The core of gender equality lies in transforming societal attitudes towards gender roles.
  • Women''s representation in elected bodies must be viewed within the broader context of female labour force participation, which is low in India.

The Unpaid Labour Divide:

  • There is a stark divide in unpaid household labour.
    • Men spend a mere 97 minutes daily on unpaid domestic services, while women dedicate a staggering 299 minutes.
  • This disparity stems from deeply ingrained patriarchal norms.
  • Achieving gender equality necessitates an equitable distribution of household duties.

Government Initiatives:

  • The burden of unpaid labour borne by women can be relieved by government programs like the Magalir Urimai Thogai in Tamil Nadu.
  • This scheme recognises and addresses the vast gulf in unpaid household labour by cash transfer to the women head of the family.
    • It acknowledges the disproportionate household responsibilities shouldered by women and aims to bridge the gap.

Ensuring Substantive Justice:

Capacity Building for Women Leaders:

  • Even as women''s representation in higher elected bodies increases after the present law, the challenge of building capacity for first-time representatives remains.
  • Initiatives like EMILYs List in the U.S., offering campaign guidance and mentorship, provide valuable lessons for capacity building of women to enter in politics.

Government Responsibility:

  • It is the duty of the governments to build capacity and ensure that the reservation model leads to improvement of status of women.
  • The National Commission for Women (NCW) and the Parliamentary Committee on Empowerment of Women need to ensure that the women''s reservation law does not remain a symbolic gesture.

The journey from women''s reservation to gender equality is multifaceted. The legislative milestones are significant and must be complemented by societal transformation, equitable distribution of household labour, and sustained capacity building for women leaders to achieve gender equality.



POSTED ON 01-10-2023 BY ADMIN
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