Women in Power:A critical analysis of the recent developments in the Women’s Reservation Bill

Women in Power:A critical analysis of the recent developments in the Women’s Reservation Bill

**Author:- Rahul.S.Trivedi , a student of Ambedkar Law College (Wadala,Mumbai)

    Introduction:

Gender equality is fundamental principle in any democratic society. While women have made significant strides in various fields their representation in politics still lags. To address this disparity the Women’s Representation Bill has been a subject of debate and discussion in India for many years. This article explores the need for the women’s reservation bill and its potential impact on Indian Politics.

Historical Background:

  The issue of women’s reservation bill in India’s legislative bodies has been topic of discussion and debate for several decades. In 1993 the 73rd and 74th amendments were introduced reserving one-third of seats for women in Panchayats (local self-government bodies) and Municipalities, respectively. However, no such reservation existed for women in the Lok Sabha (the Lower House of Parliament) and State Legislative Assemblies.

Some members of the Constituent Assembly had opposed the idea of reserving seats for women in legislatures during the drafting of the Constitution. Consequently, while there was a provision for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population, there was no similar provision for women.

As a result, the representation of women in the 17th Lok Sabha is only 15%, and in state legislative assemblies, it averages around 9%. A 2015 report on the Status of Women in India highlighted the dismal state of women's representation in political bodies and decision-making positions within political parties. It recommended reserving at least 50% of seats for women in various legislative bodies, including Parliament and state legislative assemblies.

The National Policy for the Empowerment of Women in 2001 also mentioned the consideration of reservation for women in higher legislative bodies.

Over the years, several bills aimed at amending the Constitution to reserve seats for women in Parliament and state legislative assemblies were introduced. These bills were presented in 1996, 1998, 1999, and 2008. The first three bills lapsed with the dissolution of their respective Lok Sabhas, and the 2008 bill passed in the Rajya Sabha but also lapsed with the dissolution of the 15th Lok Sabha.

The most recent development in this context is the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, introduced in the Lok Sabha on September 19, 2023. This bill seeks to address the longstanding issue by proposing to reserve one-third of the total seats in the Lok Sabha and state legislative assemblies for women.

Women’s Reservation Bill 2023:

Let us discuss the 5W and 1H of this bill and how it is different from its earlier iterations;

  

1. Why this bill is necessary?

           To proportionately represent the group in a political system and to maximize its ability in influencing the policy-making.

         2.    When does it commence?

 The reservation will be effective after 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.  The reservation will be provided for a period of 15 years.   However, it shall continue till such date as determined by a law made by Parliament. 

        3.Where this bill would be effective?

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.  This will also apply to the seats reserved for SCs and STs in Lok Sabha and states legislatures.

       4. What are the issues in this bill?

Issues like Political resistance, where the members of the party would have fear of disruption in the existing power dynamics within the party,

Or Concerns of Tokenism where women are mere placeholders of these seats,

Or Neglect of the marginalised section of the society.

      5. Who it is for?

This bill has been made to facilitate participation of women in political environment. Article 243D(Panchayats)243T(Municipalities) sheds lights on the reservation of seats.

     6. How is this bill different from the earlier one?

 Key changes between 2008 Bill and Bill introduced in 2023

Bill introduced in 2008 as passed by Rajya Sabha Bill introduced in 2023 Reservation in Lok Sabha One-third of Lok Sabha seats in each state/UT to be reserved for women One-third seats to be reserved for women Rotation of Seats Reserved seats to be rotated after every general election to Parliament/legislative assembly  Reserved seats to be rotated after every delimitation exercise

Conclusion:

The Women's Reservation Bill is a critical piece of legislation that has the potential to transform Indian politics. By providing women with a significant presence in legislative bodies, it can bring about a more inclusive and balanced decision-making process. While there are legitimate concerns and opposition, the benefits of this bill far outweigh the drawbacks.

One cannot shy away with the fact that representation of women in workspace in India is less, to bridge the gap the bill is introduced to more women are involved in the development of the nation without discriminating against the male candidates. Also maintain a control into the fact of dual constituency does not create hurdles in the functioning.

It is essential for political leaders to put aside their differences and prioritize the passage of this bill to enhance gender equality and women's empowerment in India. Women's voices and perspectives are crucial for the development and progress of the nation, and the Women's Reservation Bill is a vital step towards achieving that goal. In a rapidly changing world, it is high time for India to embrace this progressive legislation and lead the way in empowering women in politics.