The Constitution (106th Amendment) Act, 2023, aims to improve women’s representation in Indian politics by reserving one-third of seats for women in the Lok Sabha and State Assemblies. Despite the passing of this act, women’s participation remains low, reflecting ongoing challenges in a patriarchal political landscape. Addressing these barriers is crucial for achieving true gender equality in governance.
Women Reservation Act: A Step Towards Gender Equality in Parliament
Brief History of the Women Reservation Act (Nari Shakti Vandan Adhiniyam, 2023)
- Introduction: The women’s reservation bill has a long and tumultuous history, facing multiple challenges since its inception.
- Legislative Attempts: Various bills to reserve seats for women in parliament and state assemblies were introduced in 1996, 1998, 1999, and 2008.
- Lapsed Bills: The first three bills lapsed due to the dissolution of their respective Lok Sabhas.
- 2008 Bill: Passed by Rajya Sabha but lapsed with the dissolution of the 15th Lok Sabha; examined by the Standing Committee.
- Setbacks
- 2014: The bill faced its final setback, lapsing due to unresolved issues of sub-reservations for OBC and SC/ST categories.
- Passage of the Nari Shakti Vandan Adhiniyam, 2023
- Near-Unanimous Support: The bill received strong support in both Lok Sabha and Rajya Sabha.
- Reservation Mandate: Ensures one-third reservation for women in the Lok Sabha, state assemblies, and the Legislative Assembly of Delhi.
- Implementation Concerns
- Delayed Implementation: Actual implementation is tied to the completion of the decennial census and delimitation of seats, with uncertain timelines.
- Expert Predictions: Experts predict it may not be implemented in time for the 2029 Lok Sabha elections.
- Political Context
- Nationalistic Tone: The act carries overt nationalistic themes, particularly relevant in light of the 2024 elections.
- Ambiguous Goals: The intent to empower “narishakti” lacks clarity in terms of actionable plans.
- Future Vision: Aiming for a “Vikasit Bharat” by 2047 raises questions about the political implications of the terminology used.
- Swift Tabling: The rapid introduction of the act after years of delay prompts further analysis of its political timing and motivations.
Timeline of the Women Reservation Act
Nari Shakti Vandan Adhiniyam, 2023: Reserving Seats for Women in Parliament and State Assemblies
- Constitution (106th Amendment) Act, 2023: It was passed by the Parliament of India to ensure one-third reservation for women in the Lok Sabha (Lower House of the Parliament), State Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.
- Implementation Timeline: It shall come into effect after the first exercise of delimitation is undertaken after this amendment act.
Key Provisions
- Articles Amended: Article 239AA of the Constitution was amended to reserve one-third of seats for women in the Legislative Assembly of the National Capital Territory of Delhi.
- Articles Inserted: Three new articles were inserted into the Constitution:
- Article 330A: Reserves one-third of seats for women in the Lok Sabha, including seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
- Article 332A: Reserves one-third of seats for women in the State Assemblies, including seats reserved for SCs and STs.
- Article 334A: Specifies that the Act shall come into effect after the next delimitation of constituencies, has a 15-year sunset clause, and allows for extension and periodic rotation of seats by law.
Need for Women’s Reservation
- Under-representation: Women currently hold about 14% of seats in the Indian Parliament and an average of 8% in State Assemblies.
- International Comparison: India lags behind neighboring countries regarding women’s representation in the Lower House of the Parliament.
- Political Inequality: The low representation of women in politics contributes to India’s poor ranking in the Global Gender Gap report (126 out of 146 countries in 2023).
- Patriarchal Politics: Affirmative action is necessary due to the patriarchal nature of political parties and the barriers faced by women in entering politics.
- Gender-sensitive Policy: Women’s representation is essential for addressing societal issues such as crime against women and low labour force participation.
- Local Level Evidence: Reservations at local levels have led to improved crime reporting and access to amenities.
Concerns with the Act
- Principle of Equality: Reservations may be seen as violating the principle of merit-based competition and equality.
- Voter Choice: Legislative seat reservations may restrict voter self-determination.
- Homogeneity: Women do not form a homogeneous group like castes, and different arguments may apply.
- Political Empowerment: Broader electoral reforms are needed for the true political empowerment of women or the phenomenon, like Sarpanch Pati in Panchayats would emerge in these legislative bodies also.
- State Disparities: Variations in the application of reservations across states and the rotation of seats.
- Upper Houses: No provisions for reservations in the Rajya Sabha (upper house of Parliament) or State Legislative Councils.
Suggestions
- Implementation: Census data and delimitation should be conducted promptly for timely implementation of the Act.
- Capacity Building: Training and mentorship programs for women leaders should be enhanced to improve their mobilization and effectiveness.
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Conclusion
The 106th Amendment represents a significant step towards enhancing women’s representation in Parliament. However, simply reserving seats is not enough; active measures must be taken to empower women and promote their leadership.
- Ongoing support and reforms are essential to break down the barriers that limit women’s participation.
- By fostering a more equitable political environment, India can harness the diverse perspectives of women for effective governance and social progress.
