What’s the news?

• In a historic move, Parliament passed the Constitution (One Hundred and Twenty-eighth Amendment) Bill, commonly referred to as the women’s reservation Bill.

Central idea

• The Indian Parliament recently ratified the Constitution (128^th Amendment) Bill. The Nari Shakti Vandan Adhiniyam, as the bill is called, seeks to reserve one-third of all seats for women in the Lok Sabha, the State Legislative Assemblies. The bill received overwhelming support in both houses of Parliament and now awaits presidential assent to become law.

What does the bill say?

• Reservation for Women: The primary objective of the bill is to provide 33% reservation for women in both the Lok Sabha and the State Legislative Assemblies across India. This means that one-third of the total seats in these legislative bodies would be reserved exclusively for women candidates.
• Applicability to SCs and STs: The reservation for women extends to seats that are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies as well. This ensures that women from marginalized communities also have an opportunity to participate in the political process.
• Rotational Reservation: The bill stipulates that the seats reserved for women will be rotated after each delimitation exercise. Delimitation involves the adjustment of territorial boundaries and the allocation of seats based on population changes. This rotation ensures that women candidates have a chance to represent different constituencies over time.

The groundwork for the Women’s Reservation Bill

• 73rd and 74th Amendments (1993):

• The foundation for the Women’s Reservation Bill was established with the enactment of the 73rd and 74th Constitutional Amendments in 1993.
• These amendments introduced the concept of panchayats and urban local bodies into the Indian Constitution.
• Notably, these amendments mandated a one-third (33%) reservation for women in these local governing bodies.
• This marked a significant step toward increasing women’s representation in grassroots politics.

• State-Level Initiatives:

• Building on the provisions of the 73rd and 74th Amendments, some states took progressive steps to further enhance women’s political participation.
• For example, Bihar became the first state to provide 50% reservation for women in panchayat bodies in 2006.
• Over time, more than 20 states adopted a 50% reservation for women at the panchayat level.

• Studies on Women’s Leadership:

• Academic research conducted during this period shed light on the positive influence of women’s leadership in political bodies.
• For example, a 2001 study by Raghabendra Chattopadhyay and Esther Duflo in West Bengal found that women leaders tended to invest more in infrastructure directly relevant to the needs of rural women, such as water supply, fuel availability, and roads.
• Another study conducted in Maharashtra highlighted how all-women panchayats prioritized women’s issues, showcasing the potential benefits of women’s representation in politics.

Previous attempts in the parliament over the years

• 1996:

• The Women’s Reservation Bill, also known as the 81st Constitution Amendment Bill, was first introduced in the Lok Sabha in 1996 by the Deve Gowda-led United Front government. This bill proposed reserving one-third of the seats in the Lok Sabha and State Legislative Assemblies for women.
• It was referred to a Joint Committee for recommendations but failed to receive approval in the Lok Sabha. The bill lapsed with the dissolution of the Lok Sabha.

• 1998:

• In 1998, the Atal Bihari Vajpayee-led National Democratic Alliance government reintroduced the Women’s Reservation Bill in the Lok Sabha.
• However, like the previous attempt, it also lapsed after the government fell in 1999.

• 1999, 2000, 2002, and 2003:

• The Women’s Reservation Bill was reintroduced in the Lok Sabha multiple times between 1999 and 2003.
• However, it faced resistance and failed to secure passage during these years.

• 2010:

• In 2010, the Manmohan Singh-led United Progressive Alliance (UPA) government tabled the Women’s Reservation Bill in the Rajya Sabha (the upper house of Parliament). This bill aimed to reserve one-third of the seats in the Lok Sabha and State Legislative Assemblies for women.
• However, the bill was never taken up for consideration in the Lok Sabha and lapsed with the dissolution of the 15th Lok Sabha.

Critical issues and concerns raised by the opposition

• Delay Due to Delimitation:

• The primary concern raised by the opposition is the linkage of women’s reservations with the periodic delimitation exercise. The last delimitation order was issued in 2008, and there is a freeze on seat readjustment until the figures of the first Census held after 2026 become available.
• This has raised concerns that women’s reservations might not be implemented until the 2031 Census figures are available, causing a potential prolonged delay.

• Lack of OBC Reservation:

• Another significant issue raised by the Opposition is the absence of a separate reservation for OBCs in the Women’s Reservation Bill.
• While the bill provides reservations for SCs and STs, it does not include a specific provision for OBCs, despite their significant population representation.

Assurance and suggestions

• Amit Shah’s Assurance: Home Minister Amit Shah informed Parliament that the census and delimitation exercise would be conducted immediately after the general election due in 2024. This implies that the delimitation process, which has been a concern regarding potential delays in implementing women’s reservations, would be expedited.
• Owaisi’s Suggestion: Asaduddin Owaisi and Syed Imtiyaz Jaleel of the AIMIM suggested that the bill should incorporate separate quotas for Other Backward Classes (OBC) and Muslim women, as these communities are underrepresented in Parliament and legislative assemblies.

Way forward

• Timely Delimitation: The government can work on conducting the delimitation exercise promptly after the general election due in 2024, as stated by Home Minister Amit Shah. This would ensure that women’s reservation becomes a reality sooner.
• Inclusive Consultations: The concerns regarding the absence of a separate reservation for OBCs should be addressed through inclusive consultations and discussions with political parties and stakeholders.
• Research and Data: Continued research on the impact of women’s reservation at various levels of governance can provide evidence of its positive effects.
• Political Consensus: Building consensus among political parties and garnering bipartisan support for the Women’s Reservation Bill is essential. This can be achieved through dialogue, negotiations, and compromise to address the concerns of different parties.

Conclusion

• The passage of the Women’s Reservation Bill is a significant step toward promoting gender equality and women’s participation in the Indian political landscape. While it faces challenges related to delimitation and OBC representation, its historical context and potential benefits make it a pivotal moment in India’s journey towards inclusive and representative governance.

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