Nari Shakti Vandan Adhiniyam 2023 (Women’ Reservation Bill)

GS Paper 2

Syllabus: Polity: Reservation

 

Source: IE, DTE

Context: The Lok Sabha passed the Women’s Reservation Bill (Nari Shakti Vandan Adhiniyam 2023) with more than a two-thirds majority.

 

Status of Women Representation in India:

  • According to the Global Gender Gap Report 2022, India ranks 48th out of 146 in the Political Empowerment (Percentage of Women in Parliament and in Ministerial Positions) dimension.
  • At present, only about 14.4% of the members of the Indian Parliament are women, the highest so far.
  • Voting Share improving: Almost as many women as men cast ballots in the most recent Lok Sabha election in 2019, marking a turning point in India’s journey towards gender equality in politics 

 

Major provisions of the Bill and their significance:

 

After Lok Sabha?

The bill will have to be passed by Rajya Sabha by a majority of the total membership of the house and by a majority of not less than 2/3rd of members of the House “present and voting”. Bill will require ratification by at least 50% of states

 

Historical Background of Women’s Reservation:

Period Events
Pre-Independence Period Long-standing demand for political reservation of women.
In 1931, three women’s bodies sent a letter to the British Prime Minister requesting a political reservation for women during the National Movement.
Government of India Act, 1935 The Government of India Act of 1935 gave women separate electorates but did not reserve seats for them in the legislature. It marked a step toward political participation for women.
Constituent Assembly The issue of women’s reservation was discussed in the Constituent Assembly debates. However, it was rejected on the grounds that a democracy should provide representation to all groups.
Committee of the Status of Women 1971 The committee recommended the reservation of women in local bodies.
The National Perspective Plan for Women in 1988 This plan also recommended the reservation of women in local bodies.
Constitutional Amendments (1992) These recommendations led to the 73rd and 74th amendments to the Constitution, which mandated all State governments to reserve one-third of the seats for women in local bodies.

 

Arguments in favour of the Women’s Reservation Bill:

Argument Significance
Increase in political representation of women Addresses India’s low global ranking in women’s political representation.
India ranks low in global women’s legislative representation, trailing behind 140 other countries – IPU 2021 Report
The ability of women’s leadership to bring change Empirical evidence shows that women leaders focus on public goods related to women’s concerns.
Women legislators have been associated with improved economic outcomes and infrastructure development.
A step towards decriminalization of politics Reserved seats can potentially reduce the presence of politicians with serious criminal cases.
The current Lok Sabha includes 159 MPs with serious criminal charges, including rape, murder, attempt to murder, kidnapping, and crimes against women.
More women vote share Aligns political representation with the voting patterns of women. The vote share of women in elections has been continuously increasing.
Breaking patriarchy Promotes gender equality in political leadership and decision-making.
Changing stereotypes Challenges traditional gender roles and perceptions of women’s roles.

Arguments against the Bill:

Argument Against the Bill Explanation
Not a Homogeneous Group Women are not a homogenous community like caste groups, making comparisons with caste-based reservations inappropriate.
Violation of the Equality Principle Critics argue that reserving seats for women contradicts the Constitution’s equality guarantee, as it may be perceived as a lack of competition based on merit.
No Separate OBC Reservation The Bill doesn’t provide separate reservations for OBC women, despite OBC women constituting a significant portion of the female population.
Exclusion from Rajya Sabha and Legislative Councils The Bill doesn’t extend reservation to women in the Rajya Sabha and legislative councils.
Dependency on Census and Delimitation Implementation of women’s reservation depends on the census and delimitation processes, which can be delayed or politically sensitive.
Fear of Proxy Representation There are concerns that women may be used as proxies by male family members, similar to what has happened in panchayats (local governments).
Restriction on Voters’ Choice Some argue that reserving seats for women limits voters’ choices, suggesting alternatives like women’s reservation within political parties.

 

What Should be Done:

  • Raise Awareness and Education: Educate women about their rights and the importance of political involvement through awareness campaigns.
  • Combat Gender-Based Violence: Address gender-based violence and harassment with policies and legal measures to create a safer political environment for women.
  • Electoral Reforms: Implement electoral reforms like proportional representation and preferential voting to ensure more women are elected.
  • Intra-Party Democracy: Institutionalize intra-party democracy to encourage more women candidates.
  • Strengthen Women’s Self-Help Groups: Promote women’s participation at the grassroots level to groom potential candidates for higher offices.
  • Support Women’s Agencies: Strengthen organizations that work for gender equality and women’s empowerment.
  • Engage Young Women: Encourage girls’ participation in student politics and political debates at colleges and universities.

 

Insta Links: 

 

Mains Links:

“The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (UPSC 2019)