September 2023
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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Constitutionality of SC/ST Reservation Extensions in LS, Assemblies: A Critical Examination

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Reservation , Article 344

Mains level: Not Much

Central Idea

  • A Constitution Bench led by Chief Justice of India D.Y. Chandrachud is set to scrutinize the constitutional validity of repeatedly extending the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies.

Historical Context of Reservation

  • Original Intent: The Constituent Assembly, led by Dr. B.R. Ambedkar, initially envisioned reservation for SCs/STs for ten years from the commencement of the Indian Constitution in 1950.
  • Amendments to Article 334: Article 334 of the Constitution, addressing the duration of SC/ST and Anglo-Indian seat reservations, underwent multiple amendments. Each time, the deadline for ending the reservation was extended by approximately ten years.
  • The 2019 Amendment: The Constitution (104th Amendment) Act of 2019 abolished the reservation for the Anglo-Indian community and set the deadline to terminate SC/ST reservation in the Lok Sabha and State Legislative Assemblies for 2030. This extended the reservation period to 80 years from the Constitution’s adoption.

Examining Parliament’s Constituent Power

  • Key Question: The Constitution Bench will assess whether Parliament’s constituent power to amend Article 334 repeatedly, extending the SC/ST seat reservation, is constitutionally valid.
  • Limited Scope: The examination will focus solely on the 104th Constitution Amendment Act of 2019 concerning SC/ST communities and will not address the termination of the Anglo-Indian quota.
  • Impact of Continuous Reservations: The petitioner’s argument contends that persistent extensions of reservation restrict electoral choice by excluding members of other communities from contesting elections. This, they argue, infringes upon the fundamental right to equality under Article 14 of the Constitution.
  • Violation of Fundamental Right: The petition asserts that these recurrent extensions violate the basic structure of the Constitution by denying other communities the opportunity to contest in reserved seats, impinging upon their right to equal representation in government.

Government’s Perspective

  • Union of India’s Stand: Represented by the Attorney General and Solicitor General, the Union of India contends that the 104th Constitution Amendment Act is constitutionally valid.

What next?

  • The Constitution Bench has scheduled the hearing.
  • This critical examination of SC/ST reservation extensions raises profound questions about constitutional principles and the right to equality in Indian democracy.

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Evolution of “Socialist” and “Secular” in Indian Constitution’s Preamble

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Preamble of Indian Constitution

Mains level: Not Much

preamble

Central Idea

  • The inclusion of the terms “socialist” and “secular” in the Preamble of the Indian Constitution has recently sparked debate.
  • Leader of the a party in Lok Sabha has raised concerns about these words in the Preamble.

Significance of the Preamble

  • The Preamble encapsulates the core principles and objectives of the Indian Constitution.
  • It serves as an introduction to the Constitution, outlining its fundamental ideals.

Original Preamble

  • Content in 1950: The Preamble, when the Constitution came into effect in 1950, did not include the terms “socialist” and “secular.” It reflected the vision and objectives of the Constituent Assembly at that time.

Addition of “Socialist” and “Secular”

  • The 42nd Amendment: During the Emergency imposed by Prime Minister Indira Gandhi in 1976, the terms “socialist” and “secular” were added to the Preamble through The Constitution (42nd Amendment) Act, 1976.
  • Indira Gandhi’s Agenda: Indira Gandhi’s government aimed to emphasize a socialist and pro-poor image, aligning with slogans such as “garibi hatao” (Eradicate poverty). The addition of “socialist” highlighted socialism as a fundamental goal of the Indian state.
  • Distinctive Indian Socialism: The Indian version of socialism did not endorse complete nationalization but emphasized selective nationalization of essential sectors.

Understanding “Secular”

  • Religious Diversity: India is home to diverse religious beliefs and practices. The term “secular” was added to the Preamble to promote unity and fraternity among people of various faiths.
  • State Neutrality: Secularism in the Indian context implies that the state maintains neutrality and impartiality towards all religions. It does not favor any particular religion as a “state religion.”
  • Secularism as Law: Articles 25-28 of the Constitution secure the secular nature of the Indian state.
  • Inherent in the Constitution: The philosophy of secularism was inherent in the Constitution even before the 42nd Amendment.

Debates Surrounding “Socialist” and “Secular”

  • Consensus on Secularism: The concept of secularism was already part of the Constitution’s philosophy. The insertion of the word “secular” in the Preamble simply made explicit what was implicit in various provisions.
  • Constituent Assembly Discussions: The Constituent Assembly debated including these words in the Preamble but decided against it.
  • Dr. B. R. Ambedkar’s Perspective: Dr. B. R. Ambedkar argued that issues related to the state’s policy, organization, and economic aspects should be determined by the people, not dictated by the Constitution itself.
  • Ongoing Debates: Over the years, there have been petitions and discussions regarding the removal of “socialist” and “secular” from the Preamble. Some argue that these terms were added arbitrarily during the Emergency.

Conclusion

  • The presence of “socialist” and “secular” in the Preamble remains a topic of discussion and legal challenges, with differing views on their inclusion and significance in shaping India’s constitutional identity.

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Innovations in Biotechnology and Medical Sciences

TrueNat Test to detect Nipah

Note4Students

From UPSC perspective, the following things are important :

Prelims level: TrueNat Test

Mains level: Not Much

Central Idea

  • Kerala has been accorded sanction by the Indian Council for Medical Research (ICMR) to use TrueNat test to diagnose Nipah.
  • Hospitals with BSL 2 level labs can perform the test.

What is TrueNat Test?

  • The TrueNat test is a molecular diagnostic test used for the detection of infectious diseases, including tuberculosis (TB) and COVID-19.
  • It is a portable, chip-based and battery-operated machine developed by a Goa-based company.
  • It is based on real-time polymerase chain reaction (PCR) technology, which allows for the amplification and detection of specific genetic material (RNA or DNA) from the target pathogen.
  • The WHO has approved TrueNat for detecting TB as it is cost-effective and a miniature version of the PCR test.

Benefits offered

  • TrueNat machines are designed to be portable and easy to use in various settings, including remote or resource-limited areas.
  • This feature has been particularly useful for TB diagnosis in regions with limited healthcare infrastructure.

About RT-PCR

  • Real-time polymerase chain reaction (PCR) technology is a molecular biology method used to detect and quantify DNA or RNA sequences in biological samples.
  • It combines PCR amplification with fluorescent probes to monitor DNA amplification in real-time.
  • This allows for the quantification of specific genetic material, making it valuable for applications such as gene expression analysis, disease diagnosis, and genetic research.
  • It provides high sensitivity, specificity, and rapid results, making it a widely used tool in molecular biology and clinical diagnostics.

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Citizenship and Related Issues

Constitution Bench to hear challenge to Section 6A of Citizenship Act  

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Section 6A

Mains level: Read the attached story

Central Idea

  • A Constitution Bench has decided to commence hearings regarding a series of petitions that challenge the constitutionality of Section 6A of the Citizenship Act, of 1955.

Background of Section 6A

  • Section 6A was introduced as a special provision in the 1955 Act following the signing of the ‘Assam Accord‘ Memorandum of Settlement on August 15, 1985.
  • This accord, facilitated by the Rajiv Gandhi government, aimed to protect the cultural, linguistic, and social identity of Assam.
  • It marked the end of a six-year-long agitation led by the All Assam Students Union against illegal immigrants, primarily from Bangladesh.

Legal Challenge

  • Centre’s Defense: The Union government has maintained that Section 6A is legally sound and urged the court to dismiss the petitions. These petitions were filed nearly 40 years after the enactment of Section 6A.
  • Provisions of Section 6A: Under Section 6A, foreigners who entered Assam before January 1, 1966, and were “ordinarily resident” in the State, were granted all the rights and obligations of Indian citizens. Those who arrived in the State between January 1, 1966, and March 25, 1971, were accorded similar rights and obligations but could not vote for a period of 10 years.
  • Challenging Discrimination: Petitioners, including Assam Public Works and others, argue that Section 6A’s “discriminatory” nature in granting citizenship to immigrants, especially illegal ones, is in violation of Article 6 of the Constitution, which establishes the cutoff date for granting citizenship to immigrants as July 19, 1948.

Key Points of Contention

  • Conservation of Cultural Rights: The Assam Sanmilita Mahasangha, a Guwahati-based civil society organization, has demanded the updating of the National Register of Citizens (NRC) for Assam based on the 1951 NRC rather than the electoral rolls of March 1971.
  • Supreme Court’s Involvement: In December 2014, the Supreme Court formulated 13 questions encompassing various issues related to the constitutionality of Section 6A, including its impact on the political rights of Assam’s citizens and whether it violated the rights of the Assamese people to preserve their cultural identity. In 2015, a three-judge Bench referred the case to a Constitution Bench.

Why discuss this?

  • The Section 6A case has been pending for several years, coinciding with the Supreme Court’s monitoring of the final Assam NRC list in August 2019, which excluded over 19 lakh individuals.
  • Additionally, the past years witnessed the enactment of the contentious Citizenship (Amendment) Act, which granted accelerated citizenship to immigrants from minority communities in Afghanistan, Bangladesh, and Pakistan.

What lies ahead?

  • The upcoming hearings on Section 6A will provide a crucial legal examination of its constitutionality and its implications for the protection of cultural rights and the status of immigrants in Assam.

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Electoral Reforms In India

Delimitation Debate: Gender vs. Regional Caste Identities

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Delimitation Commission

Mains level: Read the attached story

Delimitation

Central Idea

  • The Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2023, also known as the Nari Shakti Vandan Adhiniyam, has successfully passed in the Lok Sabha.
  • This bill aims to provide 33% reservation for women in both the Lok Sabha and state Assemblies, marking a significant milestone in Indian politics.

What is Delimitation?

  • Objective: Delimitation aims to redraw constituency boundaries to maintain equal population representation in Assembly and Lok Sabha seats.
  • Changing Constituencies: Delimitation may result in the alteration of constituency limits and, in some cases, the number of seats in a state.

Delimitation Process and Commission

  • Independent Delimitation Commission: Delimitation is carried out by an independent Delimitation Commission (DC) constituted by the Union government.
  • Terms of Reference: The DC determines the number and boundaries of constituencies, ensuring population equality and identifying reserved seats for Scheduled Castes and Scheduled Tribes.
  • Implementation: The draft proposals are published for public feedback, followed by public sittings to consider objections and suggestions. The final order is published in official gazettes.

Historical Context of Delimitation

  • Early Delimitation Exercises: The first delimitation exercise in 1950-51 was conducted by the President. Subsequently, the responsibility was shifted to independent Delimitation Commissions.
  • Frequency of Delimitation: Delimitation has been carried out four times, in 1952, 1963, 1973, and 2002, based on the Acts enacted in respective years.

Postponement of Delimitation until 2026

  • Frozen Seats: Delimitation was postponed after the 1981 and 1991 Censuses, freezing the number of seats in Lok Sabha and Assemblies.
  • Justification for Postponement: An amendment further delayed delimitation until 2026, with the rationale that uniform population growth would be achieved throughout the country by that time.
  • The Last Delimitation: The most recent delimitation exercise, based on the 2001 Census, focused on adjusting boundaries of existing seats and reworking the number of reserved seats.

Reservation Contingent on Delimitation

  • Impending Change: Despite the Lok Sabha’s approval, the implementation of the 33% women’s reservation is not immediate. It hinges on two key processes: a delimitation exercise and a Census.
  • Delimitation Explained: Delimitation involves redrawing Parliamentary and Assembly constituency boundaries to ensure equitable representation based on the latest population data.
  • 2021 Census Impact: The 2021 Census, once conducted, will serve as the basis for the delimitation exercise, resulting in an increase in the number of constituencies. Of these, 33% will be reserved for women in future elections.

Delimitation: Why It’s Necessary

  • Equitable Representation: Delimitation is essential to ensure that every citizen’s vote carries equal weight, aligning the number of constituencies with population changes.
  • Preventing Gerrymandering: It also safeguards against gerrymandering, the manipulation of seat boundaries to favor one political party.
  • Constitutional Mandate: The Constitution mandates delimitation after each Census to reallocate seats in Lok Sabha and state Assemblies.

Political Complexity of Delimitation

  • Population Dynamics: Delimitation has significant political implications, particularly regarding the redistribution of seats among states.
  • Concerns of States: Population control efforts influenced seat allocation, creating concerns for states with varying levels of population control.
  • Freeze on Seat Numbers: Political concerns led to a freeze on the number of seats in Parliament and Assemblies until 2026, extending family planning efforts.

Gender vs. Regional Identities

  • Dual Shifts: The upcoming delimitation will bring two significant shifts: from southern to northern and eastern states and from male to female representation.
  • Women’s Empowerment: While concerns over diminishing state influence may arise, national consensus on women’s empowerment prevails.
  • Population Skew: Northern states may gain more seats, while southern states could lose representation due to varying population growth rates.
  • Impact on OBC Politics: Autonomous OBC politics in Hindi heartland states could weaken as the focus shifts to gender representation.
  • BJP’s Strategy: The BJP seeks to strengthen its social base by championing women’s empowerment alongside its Hindutva and pan-national identity politics.
  • Complex Landscape: Gender representation introduces an additional layer to the uni-dimensional politics of caste and regional identities, reshaping the political landscape.

Conclusion

  • The interplay between delimitation, gender reservation, and regional caste identities poses complex challenges in Indian politics.
  • Striking a balance between these dynamics will shape the future of representation and governance in the country.

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Foreign Policy Watch: India-Canada

Canada needs to see India – not just the diaspora

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: The diaspora politics, India-Canada strained relations and the path forward

What’s the news?

  • The relationship between Canada and India has hit rock bottom with Prime Minister Justin Trudeau’s accusations of Indian involvement in the death of Khalistan activist Hardeep Singh Nijjar.

Central Idea

  • The Canada-India relationship is in trouble after Prime Minister Justin Trudeau’s troubling allegations against India. Diplomats were sent home, and making up seems hard. Both countries need to talk honestly about how some Indian people in Canada are causing problems and making things worse.

The troubling accusations

  • Unprecedented Allegations: Prime Minister Justin Trudeau’s statement before Canadian lawmakers, accusing Indian agents of involvement in the killing of Khalistan activist Hardeep Singh Nijjar, represents an unprecedented and game-changing development in Canada-India relations.
  • Potential Motivations: The timing of Trudeau’s public announcement in parliament, before fully exploring other options, suggests either the existence of substantial evidence backing the claims or a willingness to jeopardize Canada-India relations for undisclosed reasons.
  • Myopic Emphasis on Rule of Law: Trudeau’s emphasis on the rule of law in this context appears narrow, as it fails to consider the broader effects of Nijjar and his separatist associates’ activities in both Canada and India.
  • Overlooking Victims: Trudeau’s focus on Khalistan activists’ plight neglects to address the harm they have inflicted, including propagating violence against Indian diplomats, celebrating the death of an Indian prime minister, vandalizing places of worship in Canada, and disregarding Indian lawmaking processes.

Historical Context of Canada-India Relations

  • Cold War Cooperation: During the Cold War, Canada and India shared a positive rapport due to their commonwealth status and alignment on UN principles, multilateralism, and global development goals.
  • Cold War Disputes: However, differences emerged during the Cold War crises in Korea, Hungary, and Vietnam, straining relations. India’s nuclear program further exacerbated tensions.
  • 1980s Rekindling: In the 1980s, increased Indian immigration to Canada sparked renewed interest in India, but trade and security relations remained limited.
  • Post-1998 Efforts: After Canada’s rejection of India’s nuclear power status in 1998, significant efforts have been made to revive relations, particularly in trade and investment.
  • Toxic Diaspora Politics: The relationship has been consistently hampered by specific diaspora elements within Canada with extremist views who influence Canadian political parties, negatively impacting bilateral ties.

Canada’s Diaspora Politics

  • Confounding Deference: Ottawa, particularly under the current government, has consistently displayed a confounding deference to Khalistani groups and other diaspora elements, a characteristic feature of its foreign policy.
  • Both Political Parties Implicated: Notably, both major political parties in Canada, namely the Liberals and Conservatives, have been implicated in pandering to diaspora groups that utilize Canadian soil for activities detrimental to other nations’ interests and security.
  • Short-Term Electoral Pressure: The influence of diaspora politics has prevented Canadian governments from prioritizing national security and foreign policy objectives over short-term electoral pressures.
  • Impeding National Interests: Diaspora politics poses a significant impediment to Canada’s ability to safeguard its national security and foreign policy priorities from the pressures of short-term electoral considerations.

Challenges for India

  • Pro-Khalistan Groups: India faces challenges stemming from pro-Khalistan groups within the Indian diaspora in Canada. These groups advocate for the secession of Punjab from India, creating a source of tension between India and Canada.
  • Tensions and Resentments: The activities of pro-Khalistan groups in Canada have led to tensions and resentments between India and Canada. The Indian government is concerned about how these groups operate in Canada and their impact on bilateral relations.
  • Foreign Policy Dilemma: India must navigate a diplomatic dilemma when dealing with countries like Canada that host diaspora elements supporting separatist movements. Balancing diplomatic relations with such countries while addressing the concerns of these diaspora groups can be challenging.
  • Rising Transnational Currents: The rise of transnational currents questions India’s territorial integrity and treatment of ethnic minorities. These currents pose a significant problem for Indian foreign policy, potentially influencing global perceptions and diplomatic relations.
  • Online Amplification: The digital age has amplified challenges associated with diaspora politics. Online platforms and social media allow diaspora groups to spread their ideas and mobilize support more effectively, potentially affecting India’s image and diplomacy.
  • Caste Discrimination: Caste discrimination is a contentious issue within Indian diaspora communities in Canada and other countries. This adds complexity to India’s engagement with its diaspora and its image abroad.

Way Forward

  • Rebuilding Trust: The strained Canada-India relationship calls for a concerted effort to rebuild trust, acknowledging that distrust has deep historical roots.
  • Shared Interests: Both countries have shared interests in defending the international order, balancing China’s rise, and cooperating on critical global issues such as climate change, global health, digital technology misuse, artificial intelligence regulation, and support for developing countries.
  • Addressing Diaspora Challenges: To effectively address these challenges, a political consensus is required that addresses both countries’ perspectives on Canada’s Indian diaspora and mitigates its worst impulses, particularly those fanning separatist sentiments in India.
  • National Interests at the Forefront: The path forward necessitates a clear commitment to prioritize national interests, security, and foreign policy objectives over the pressures of diaspora politics, especially in the era of social media and online activism.
  • A Balanced Approach: Striking a balance between leveraging the positive aspects of diaspora contributions and effectively managing the challenges they pose is essential for both countries’ foreign relations.
  • Diplomatic Dialogue: Engaging in a sincere, transparent, and multidimensional political dialogue is crucial for both Canada and India. This dialogue should address the role of Canada’s Indian diaspora, its politicization, and its impact on bilateral relations.
  • Acknowledging Past Grievances: Recognizing and addressing past grievances and resentments is essential in the journey toward reconciliation and improved relations.

Conclusion

  • The strained Canada-India relationship is a result of toxic diaspora politics. To mend this relationship, both countries must engage in a political compact addressing the role of Canada’s Indian diaspora and mitigating its divisive influences, especially those supporting separatism in India. Without this, geographical distance will be overshadowed by deep-seated dispositional differences between Ottawa and Delhi.

Also read:

The Khalistan shadow on India-Canada ties, over the years

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Foreign Policy Watch: India-Middle East

Three years of the Abraham Accords

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Abraham Accords

Mains level: Abraham Accords, Significance, Impact and opportunities for India

What’s the news?

  • Three years after their signing, the Abraham Accords continue to promote peace and prosperity in West Asia. The accords have led to increased trade, tourism, and regional cooperation, with India benefiting from enhanced connectivity.

Central idea

  • Three years have passed since the historic signing of the Abraham Accords between Israel, the UAE, and Bahrain, facilitated by the U.S. government. These accords have not only connected governments but have also fostered unity among people. Importantly, the Abraham Accords have unlocked opportunities for India and its vibrant business community, strengthening the ties between nations.

What are Abraham Accords?

  • The Israel-UAE normalization agreement is officially called the Abraham Accords Peace Agreement.
  • It was initially agreed to in a joint statement by the United States, Israel, and the United Arab Emirates (UAE) on August 13, 2020.
  • The UAE thus became the third Arab country, after Egypt in 1979 and Jordan in 1994, to agree to formally normalize its relationship with Israel, as well as the first Persian Gulf country to do so.
  • Concurrently, Israel agreed to suspend plans for annexing parts of the West Bank. The agreement normalized what had long been informal but robust foreign relations between the two countries.

Transformative Impact of the Abraham Accords on Regional Dynamics

  • Normalization of Relations: The Accords normalized diplomatic relations between Israel and Arab countries like the UAE, Bahrain, Sudan, and Morocco. This marked a significant shift away from decades of tension and non-recognition.
  • Economic Cooperation: The agreements promoted economic cooperation and trade between Israel and participating Arab nations. This resulted in new economic opportunities and increased trade, contributing to regional stability.
  • Security Collaboration: Some accords included provisions for security and defense cooperation. This enhanced regional security through intelligence sharing and coordinated efforts to counter common threats.
  • People-to-People Contacts: The Accords encouraged cultural and people-to-people exchanges, including tourism, academic collaborations, and interfaith dialogue. These exchanges aimed to foster better understanding among citizens of the signatory nations.
  • Broader Regional Implications: The Accords set a precedent and sparked discussions about the potential for more Arab and Muslim-majority countries to normalize relations with Israel, further reshaping regional dynamics.

Benefits of the Abraham Accords for India

  • Enhanced Regional Connectivity: Direct flights between Israel and Arab countries improved regional connectivity. This benefited the Indian diaspora, students, and businesses, making travel and trade more convenient.
  • Economic Opportunities: Indian businesses engaged with Israel and participating Arab nations in various sectors, leading to commercial collaborations. This resulted in economic growth and job creation.
  • Educational and Cultural Exchanges: Indian students gained improved access to international study programs and universities in the region. Cultural exchanges promoted a better understanding of diverse cultures.
  • Partnerships in Critical Areas: The formation of groups like the I2U2 Group, comprising Israel, India, the UAE, and the U.S., highlighted opportunities for joint investments in critical sectors. This offered long-term economic and strategic benefits for India.

Youth Initiatives

  • Recognizing that 65% of the region’s population is under 30 years old, the Abraham Accords have initiated youth delegations to strengthen ties between the younger generation.
  • These delegations enable young influencers to immerse themselves in each other’s cultures, visit significant religious and historic sites, and build communities, fostering understanding and cooperation.
  • Educational exchange programs have also flourished, with Moroccan students attending Ben-Gurion University and Emirati students enrolling in Israeli universities.
  • Bahrain has similarly embraced educational collaborations with Israel to advance student and professor exchanges.

Promising Prospects for the Future

  • Peace and Stability: By normalizing relations and fostering cooperation, the Accords contribute to regional peace and stability, demonstrating that diplomacy can lead to positive outcomes.
  • Economic Growth: Increased trade, investment, and collaboration have the potential to boost economic growth, benefiting signatory nations, neighbouring countries, and the global economy.
  • Regional Integration: The Accords may encourage more countries to normalize relations, promoting greater regional integration and cooperation.
  • People-to-People Bonds: Cultural and educational exchanges foster mutual understanding, contributing to a more harmonious and interconnected region.
  • Diplomatic Model: The Accords serve as a diplomatic model for resolving conflicts through negotiation and compromise, potentially inspiring similar initiatives globally.

Conclusion

  • The Abraham Accords exemplifies the potential for peace and cooperation when both leaders and ordinary citizens prioritize it. They offer a glimpse into a brighter future for West Asia, and Israel hopes to see more countries join this endeavour for the sake of all children. India plays a significant role in this partnership, with shared interests in sustainable recovery, trade expansion, climate change mitigation, and international security.

Must read:

I2U2: Significance Of The Minilateral Grouping

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Women empowerment issues – Jobs,Reservation and education

Women’s share in Assemblies less than 10% in 20 States

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Read the attached story

Mains level: Women’s Reservation Bill

Women

What’s the news?

  • The BJP government presented the Women’s Reservation Bill as its top priority in the newly inaugurated Parliament House.

Central idea

  • The 128th Constitutional Amendment Bill, 2023, known as the Nari Shakti Vandan Adhiniyam, proposes reserving one-third of seats in the Lok Sabha and State Assemblies for women. Prime Minister Narendra Modi hailed the bill as a historic decision and framed it as a divine mandate to empower women. The Lok Sabha, after a day of deliberations, passed the bill.

Historical Context

  • The Women’s Reservation Bill has a long and arduous history.
  • It was initially introduced in 1996 by the H.D. Deve Gowda-led United Front government but failed to gain approval.
  • Subsequent attempts to pass the bill faced similar fates, lapsing with the dissolution of houses.

Key Provisions of the Bill

  • Reservation Percentage: The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, proposes 33% reservation for women in Lok Sabha and state Legislative Assemblies.
  • Inclusion of Marginalized Groups: The reservation also includes seats reserved for women belonging to Scheduled Castes and Scheduled Tribes.
  • Constitutional Amendments: The Bill introduces new articles, 330A and 332A, in the Constitution specifically for Lok Sabha and state assemblies, respectively.
  • Duration of Reservation: The proposed reservation will be in effect for 15 years from the commencement of the Act.
  • Dependence on Delimitation: Implementation of the reservation is contingent upon the completion of the delimitation process.

The current representation of women

  • Parliament:
  • As of now, the Lok Sabha has only 82 women members, constituting 15% of its total strength.
  • India has never seen a higher representation of women in its Parliament, even after over 70 years of electoral history.
  • In the 2019 general election, the share of women candidates was a mere 9%.
  • State Legislative Assemblies:
  • The situation in state legislative assemblies is even bleaker, with only Tripura surpassing the 15% mark.
  • Over 20 states and Union Territories have less than 10% women representation, including Gujarat, Maharashtra, Andhra Pradesh, Kerala, Tamil Nadu, Telangana, and Karnataka.

Party-wise Analysis

  • Women’s representation across different political parties in the Lok Sabha
  • Bharatiya Janata Party (BJP): Currently, women make up just 13.5% of the BJP’s Lok Sabha members.
  • Biju Janata Dal (BJD): BJD leads in women’s representation, with 41.7% of its Lok Sabha MPs being women.
  • Trinamool Congress: Trinamool Congress follows closely, with 40.9% women MPs in the Lok Sabha.
  • Distribution of women MLAs in State Legislative Assemblies
  • West Bengal (Trinamool Congress): The Trinamool Congress in West Bengal boasts the highest percentage of women MLAs, standing at 15.3%.
  • Chhattisgarh (Congress): The Congress party in Chhattisgarh has 14.7% women MLAs, demonstrating a significant presence of women in the state assembly.
  • Political parties that lag behind in terms of women’s representation
  • Karnataka (Congress): The Congress party in Karnataka has only 3% women MLAs, indicating a significant gender disparity.
  • Telangana (Bharat Rashtra Samithi): The Bharat Rashtra Samithi in Telangana fares similarly poorly, with just 3.4% of women MLAs.
  • Tamil Nadu (Dravida Munnetra Kazhagam, DMK): DMK in Tamil Nadu has a relatively low representation of women MLAs, with only 4.5% women in the state assembly.

Just to know:  

  • The highest proportion of women representatives elected to the Lok Sabha so far was in the 2019 elections, and it was less than 15 percent of total
  • The number of women candidates and MPs varies greatly across states and parties.
  • In the present Lok Sabha (17th), Uttar Pradesh and West Bengal have the highest numbers of women MPs. In terms of percentage, Goa and Manipur had fielded the highest proportion of women candidates.

Women

India’s parliamentary representation of women compared to other nations

  • India: India’s current women’s representation in parliament stands at a modest 15%, which, although an improvement, remains relatively low.
  • Iran: India ranks just above Iran, which has only 6% women representation in its parliament.
  • South Africa: In contrast, South Africa has made significant strides in women’s representation, with a considerably higher proportion of women in its national legislature.
  • Ethiopia: Ethiopia has also seen remarkable progress in gender parity within its national legislatures.

Challenges to Female Representation

  • Party Ticket Allocation: Despite pledges in party constitutions, records show that women candidates receive disproportionately fewer party tickets, often relying on family political connections.
  • Perceived Electability: The belief that women candidates are less likely to win elections hampers their ticket allocation.
  • Structural Barriers: Demanding and time-consuming election campaigns, coupled with family responsibilities, deter many women from active participation.
  • Vulnerability: Women politicians face humiliation, abuse, and threats, making participation even more challenging.
  • Financial Constraints: High campaign costs, limited financial independence, and a lack of party support create hurdles for women candidates.
  • Internalized Patriarchy: Many women prioritize family and household duties over political ambitions due to ingrained patriarchal norms.

Need for such a reservation

  • Ensuring Representation: Reservation guarantees women’s presence in decision-making bodies, addressing underrepresentation.
  • Encouraging Entry: Reservation encourages women to enter politics, contest elections, and engage in the political process.
  • Capacity Building: Participation in legislative processes enhances women’s political capacity, nurturing effective leaders.
  • Changing Perceptions: Reservation shifts societal attitudes toward women in politics, challenging stereotypes and promoting participation.
  • Promoting Gender-Sensitive Policies: Women politicians advocate for gender-sensitive policies addressing issues like violence against women and discrimination.

Conclusion

  • The passage of the Women’s Reservation Bill marks a historic moment in Indian politics. Achieving gender parity in political representation is a vital step towards a more inclusive democracy. It is imperative that all stakeholders work together to ensure the effective implementation of this landmark legislation and uplift women’s voices in the decision-making process.

Also read:

73rd and 74th Amendments and Reservation for Women

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