Context:

• This article is based on an Editorial “Women reservation Bill – imperfect but important” which was published in Indian Express. Recently, the One Hundred and Twenty-Eighth Amendment Bill, 2023, popularly referred to as the women reservation Bill has been passed successfully in the Parliament of India.

Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023: Women Reservation and Delimitation

• Women Reservation Bill: The Bill reserves, as nearly as may be, one-third of all seats for women in Lok Sabha, State Legislative Assemblies and the Legislative Assembly of the National Capital Territory of Delhi.
  • Additionally, this reservation will also extend to the seats reserved for SCs and STs in Lok Sabha and State Legislative Assemblies.
• Commencement of Reservation: The reservation will be effective once the census conducted after the commencement of this Bill has been published. Based on the census, delimitation will be undertaken to reserve seats for women.
• Time Frame: The Women Reservation Bill will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament.
• Rotation of Seats: Seats reserved for women will be rotated after each delimitation as determined by a law made by the Parliament.

The Women Reservation Bill: Historical Concerns – Why not included by Members of the Constituent Assembly?

• Fear of Limiting Representation: The women members in the Constituent Assembly did not pursue reservation on the grounds that it would limit women’s representation.
  • In July 1947, Renuka Ray said that reservation of seats for women would hamper the question of their consideration for general seats.
• Hope to Get more chances in Future: They felt that women will get more chances in the future to come forward and work in free India, if the consideration is of ability alone.

Also Read: Women Reservation Bill Passed in Lok Sabha And Rajya Sabha

Why the Focus on Women Reservation Bill  in Legislature Now?

• Very Limited Representation: The number of women representatives in legislatures remained very less even after decades of independence.
• Local Level Experience: After the enactment of the 73rd and 74th constitutional amendments that reserved 33 per cent seats in panchayats and urban local bodies for women, the demand for gender quotas in legislative bodies gained steam.

Concerns and Critiques of the Women Reservation Bill

• Vagueness about the Timeline for Implementation: The Women Reservation Bill Doesn’t specify the cycle of elections from which women will get their due share.
• No Reservation in Upper House: The Women Reservation Bill does not provide women’s reservation in the Rajya Sabha and State Legislative Councils. However, the Rajya Sabha currently has lower representation of women than the Lok Sabha.
• A misogynistic argument of Proxy: Some said that the women legislative members will be proxies and serve no real purpose.

The Path Ahead: Key Considerations for the Women Reservation Bill

• Defined Timeline: Members of Parliament must move amendments and ensure that the final legislation defines a clear timeline.
• No Denial of Rights: The fear of misuse of the law by a few is no grounds to deny others their right.
• Need to maintain Representation: Members of Parliament must take steps for appropriate measures to ensure no segment of the population is under-represented.

Conclusion:

• With evolution, laws become better by making amendments. Similarly, this Women Reservation Bill is just an initiative to make women’s reservation a reality and with time, it would surely help in achieving gender parity in politics.

DOWNLOAD PDF