Reality of Women Reservation

Women Empowerment

One approach to defining women’s empowerment, also known as female empowerment, involves embracing women’s perspectives, actively seeking them out, and enhancing their status through education, awareness, literacy, and training. The fields of economics and development now frequently discuss the concept of women’s empowerment. When women are economically empowered, they gain the ability to effectively manage their resources, assets, and income to their advantage. Moreover, this empowerment contributes to the well-being of women and enhances their ability to handle risks. It can also lead to initiatives aimed at challenging the marginalization of genders within a specific political or social context. While these terms are often used interchangeably, the broader concept of gender empowerment encompasses individuals of all genders and emphasizes the distinction between biology and gender as a social construct. By means of literacy, education, training, and awareness-raising efforts, women’s social standing is elevated. Women’s empowerment also encompasses their newfound freedom to make informed life choices, a freedom they may have been previously denied.

Scholars have identified two main categories of empowerment: political and economic empowerment. Political empowerment advocates for the creation of laws that best support women’s rights to equality and agency in both public and private spheres. One suggested approach is the implementation of affirmative action laws with quotas for the representation of women in parliamentary and policy-making roles. As of 2017, the global average percentage of women serving in single-house parliaments at lower levels stood at 23.6 percent. Additional recommendations have been made to enhance women’s voting rights, freedom of expression, and opportunities to run for office with a fair chance of success. Women often allocate less time to entering the workforce and managing their businesses due to their responsibilities for childcare and household duties. Policies that consider divorce cases, offer greater welfare support for women, and grant women control over resources (such as property rights) all enhance their bargaining power within the family. However, participation is not limited solely to the political sphere; it extends to involvement in family life, access to education, and the ability to make autonomous decisions. Some argue that women must first establish their autonomy and negotiation power within the household before engaging in broader political activities.

Obstacles related to finances, societal norms, and legal barriers have resulted in fewer women being chosen for leadership roles and political engagement. In communities, women have faced challenges in assuming leadership positions due to these impediments. Organizational and cultural constraints also impact women in fields where men dominate, spanning various sectors including science, engineering, and finance.

The United Nations Development Program (UNDP) recommends several measures to enhance women’s political participation, including:

  1. Implementing policies that incorporate a commitment to gender equality.
  2. Establishing quotas for women’s participation and election.
  3. Setting targets for female representation.
  4. Encouraging more women to apply for political roles and providing them with education and training.
  5. Increasing women’s participation in campaigns through greater media exposure.

Aligned with the UN’s obligations, the World Intellectual Property Organization also recognizes the significance of women’s empowerment for long-term economic, social, and cultural progress.

Brief History

On December 9, 1946, the Constituent Assembly of India convened its inaugural session in what is now the Central Hall of the Old Parliament House, then called the Constitution Hall. It is worth noting that Sarojini Naidu was the sole woman in attendance, seated in the front row of the audience, facing the presidential podium. In the years 1996, 1997, and 1998, the subject of quotas for women was deliberated upon, yet it faced obstacles such as the dissolution of Lok Sabhas or a lack of consensus among political parties, preventing its further progress. In recent decades, there has been growing concern about the underrepresentation of women in legislative bodies, even though women constitute more than half of the global population. In his inaugural address at the New Parliament House, Prime Minister Narendra Modi underscored the significance of progress led by women. The speaker provided insight into the extensive deliberations and discussions held within the Parliament concerning the reservation of women. It was revealed that the initial legislation pertaining to this issue was introduced as the 81st Constitutional Amendment Bill in 1996, during the tenure of the United Front government led by H. D. Deve Gowda of the Janata Dal party. Subsequently, nearly every government has made efforts to approve it; the UPA government even managed to achieve this in the Rajya Sabha in 2010. Nevertheless, these endeavours fell short due to a deficiency in both political determination and agreement. This deficit in democratic representation poses a substantial barrier to achieving rapid economic development. To fortify a political decision-making process that is participatory, responsive, inclusive, fair, and accountable, it is increasingly imperative to prioritize this issue. Modern Indian society demands the enactment of the Women’s Reservation Bill, also known as the Constitution 108th Amendment Bill of 2008.

Since its introduction in 1996, there have been six unsuccessful attempts to pass this legislation. In 2010, Mulayam Singh Yadav, the former chief minister of Uttar Pradesh, opposed the Women Reservation Bill, suggesting that it could potentially lead male parliamentarians to engage in disrespectful behavior toward their female colleagues.

Current Status

In 2023, the Lok Sabha is expected to have less than 15 percent female members of parliament (MPs), based on its composition for that year. Similarly, several state assemblies, including those in Andhra Pradesh, Arunachal Pradesh, Assam, Goa, Gujarat, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Odisha, Sikkim, Tamil Nadu, Telangana, Tripura, and Puducherry, have female representation below 10 percent. Over time, there has been a gradual increase in the percentage of women in the Lok Sabha, rising from a mere 5 percent in the first Lok Sabha to 14 percent in the current 17th Lok Sabha, marking a 14 percent increase. In the 2019 general election, a total of 716 female candidates contested, and 78 of them secured seats in the 17th Lok Sabha. This marked an increase of roughly a quarter compared to the previous election in 2014, when 62 women were elected to the House of Representatives.

On the inaugural day of business in the newly constructed Parliament House, Union Minister of Law and Justice Arjun Ram Meghwal introduced a proposal to increase the number of female parliamentarians to 181. The 2023 Lok Sabha consists of a total of 542 members, with 78 being women. Similarly, the current Rajya Sabha has 224 members, of which 24 are women. As of 2023, there are currently 102 women serving in parliament.

During the discussion of the Women’s Reservation Bill on September 20, 2023, Union Home Minister Amit Shah announced that the 2024 census and delimitation process would take place after the 2024 Lok Sabha elections. According to the proposed legislation, the 33% female reservation will be in effect for 15 years. It also mandates the allocation of seats for members of the Scheduled Castes and Scheduled Tribes within the reserved seats for women in Parliament and legislative assemblies.

It was determined that the reservation would be implemented once a new census is conducted, and the delimitation process is completed. Immediately after the elections, Union Home Minister Amit Shah declared in the House that a census would be conducted to implement the women’s reservation measure. He also assured that the next government would undertake delimitation shortly after the 2024 Lok Sabha elections, dismissing concerns about a delay in the law’s implementation. The delimitation process involves revising the boundaries of Lok Sabha and State Assembly constituencies to accurately reflect changes in population distribution. To be fully ratified, the bill must be approved by at least fifty percent of the states, with the constitutional justification for state ratification being its potential impact on state rights.

In reference to the 128th amendment to the Indian Constitution, he introduced the Nari Shakti Vandan Adhiniyam as a means to fortify India’s democratic system by enhancing women’s involvement in policymaking. After being in development for 27 years, the bill was passed with a two-thirds majority, garnering 454 votes in favor, while two members of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) voted against it. The debate extended for over seven and a half hours, with more than sixty members of parliament participating.

Through an amendment to Article 239AA, one-third of seats will be set aside for women in the legislative assembly of the National Capital Territory of Delhi, as well as in the Lok Sabha and state legislative assemblies.

Criticism

Critics of this legislation contend that dedicating seats exclusively for women would disproportionately benefit educated and urban women, sidelining disadvantaged rural women from marginalized communities. Conversely, supporters of the bill argue that opposition from leaders of certain political parties stems from their patriarchal tendencies, as they fear potential power loss for women if a significant number of seats are allocated to them.

Political parties such as Congress, Samajwadi Party, and Rashtriya Janata Dal have criticized the proposal for lacking provisions for reserved seats for OBC (Other Backward Classes) and Minority women, which would ensure their equal representation. The absence of quotas for OBC and minority women would, in their view, make it more challenging for marginalized women to have a voice in Parliament. Opponents argue that it would perpetuate women’s inequality because they would no longer compete on merit. According to them, this strategy diverts attention away from election reform issues such as the criminalization of politics and intra-party democracy. Some advocates for women’s rights argue that gender quotas can impede women’s political empowerment because they imply that they cannot flourish without special provisions.

Horizontal reservation refers to the allocation of legislative seats for women, with a focus on promoting gender equality and policymaking that is sensitive to gender issues. On the other hand, vertical reservation, particularly when it comes to providing a separate quota for Other Backward Classes (OBCs) within the women’s reservation, raises concerns about the representation of marginalized communities. This concern is evident in the demands of opposition parties for a distinct OBC subquota within the reserved women’s quota. Their argument is based on the fact that OBCs constitute approximately 40 percent of the population, yet unlike Scheduled Castes (SCs) and Scheduled Tribes (STs), they do not have a separate reservation in the Lok Sabha and state legislative assemblies.

The challenge lies in establishing institutional mechanisms that empower women to act independently, avoiding mere tokenism and reliance on patronage from patriarchal figures, as the Bill guarantees women’s representation in politics. Societal norms continue to pose significant obstacles to women’s effective participation. These barriers include limited access to education, a lack of childcare support, and financial constraints.

Moreover, political parties persist in engaging in discriminatory practices, and both voters and party leaders continue to exhibit bias against women. Concerns about the perceived “electability” of female candidates also endure. Despite the fact that the bill addresses demand-side barriers in favor of women candidates, ensuring the effective participation of the newly created critical mass of women in parliament remains a challenge due to their lack of political education.

Politics and Violence

As per a recent study on Political Violence Against Women, it has been found that around 8% of female candidates running for office and 12% of female politicians across the globe encounter acts of violence. Among these incidents, 24% of political violence is directed towards party members, 2% towards women voters, and 16% towards government officials. Furthermore, 38% of political violence cases target activists, human rights defenders, and social leaders.

Ironically, the study highlights that the available data on violence against women in politics predominantly covers physical violence inflicted on women during their involvement in public political activities. This data fails to encompass forms of harassment, intimidation, domestic violence, and aggressive behaviour in the virtual realm.

A UN Women report on violence against women in politics underscores that women engaged in politics and public life are often perceived as a threat to the prevailing male dominance, leading to incidents of violence against them. This represents a substantial impediment to women’s active participation in politics. Disturbingly, individuals with documented histories of violence against women, as well as other criminal offenses, are allowed to engage in political activities.

Conclusion

The majority of opposition parties expressed their support for the bill in principle but raised concerns about the clauses related to delimitation and the census, which they believe will cause delays in its implementation. During the debate, Union Home Minister Amit Shah confirmed that the legislation or implementation of the bill would not be put into effect until 2029 due to census data. ( the census was due in 2021 but due to Covid 19 it got delayed).

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