The Aakhya Weekly #65 | The Women's Reservation Bill Unveiled
The Aakhya Weekly #65 | The Women's Reservation Bill Unveiled
In Focus: Revolutionizing Indian Politics
By Yashvika Malhan
Echoing its commitment to women-led development, the Union government has introduced the Naari Shakti Vandan Adhinayam or the Women’s Reservation Bill 2023 during the 'special session' of Parliament, addressing a long-standing demand. This 128th constitutional amendment proposes the reservation of one-third (33%) of the seats in the Lok Sabha and state legislatures, including the National Capital Region of Delhi. It also reserves one-third of seats for women within the existing SC and ST reservation framework. These seats will be allocated on a rotational basis, with a 15-year sunset clause for the quota, extendable if deemed necessary.
This announcement marks a significant step, especially considering the historical predominance of men in the political arena, without any formal reservation policy at the state or union level in place. It's a move that warrants close scrutiny as it is implemented, with its potential impact on gender representation and political dynamics in India.
The debate over women’s reservation in India has been a long and divisive one. When it comes to women's representation in politics, every parliamentary session seems to bring up the same old questions about why we haven't passed a women's reservation bill even after it being part of (most) political parties’ manifestos. Political leaders are quick to express their commitment to the cause, but action often lags behind words. All in all, while the move is the need of the hour there are many issues at play.
Long walk to the Parliament
Presently, women constitute a mere 15% of the Lok Sabha. To put that in perspective, India lags behind countries like Rwanda (61%), South Africa (43%), and Bangladesh (21%). What's more, this is only a modest 9% increase in women's representation since independence.
If we delve into the archives of the Constituent Assembly debates, we stumble upon discussions about the very issue of women's reservation. Two prominent voices in those deliberations were Ms. Renuka Ray and Mrs. Hansa Mehta. They made a compelling argument back then, suggesting that women could progress in politics based on merit and through the principles of universal adult franchise. In their view, any form of reservation would, in fact, undermine women's intellectual capacity and potential.
Since then, the topic of women's reservation has been a recurring debate, but it wasn't until the 73rd and 74th amendments of 1993 that some tangible progress was made. These amendments marked a significant turning point by reserving seats for women in local bodies at the Panchayat and Municipal corporation levels. Some states like Maharashtra, Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand and Kerala took more proactive measures by enacting legal provisions that ensured a 50% reservation for women in local bodies.
Bills proposing seat reservations for women have been discussed in the legislative space multiple times, specifically in 1996, 1998, 1999, and 2008. The 2008 bill, which was passed in the Rajya Sabha, unfortunately met its end when it lapsed in the Lok Sabha after the lower house dissolved in 2014.
Over the years, many leaders outrightly rejected the bill, citing a variety of reasons for their dissent. There have been questions on how the reservation should actually happen; whether we intend to reserve seats, or add an obligation for political parties to nominate one-third of female candidates in elections under the Representation of the People Act, 1950, or travel the path less taken by opting for dual constituencies.
This extensive political discourse of almost-but-not-there moments and political disagreements underscores the challenging journey the WRB has had in becoming a reality.
Not all perfect?
The present bill has garnered a rare consensus across party lines, passing with an overwhelming 454 votes in favor and only 2 against in the Lok Sabha. At the outset, the 2023 bill appears to be a reiteration of the 2008 version. However, the bill hasn't escaped criticism. Firstly, it continues the tradition of exempting the reservation of seats in the Rajya Sabha and legislative councils, aligning with the patterns set by previous administrations. A noticeable disparity is evident when one observes that the Rajya Sabha currently has a lower representation of women compared to the Lok Sabha. Secondly, it diverges from its predecessors by not providing any quota for Other Backward Classes (OBC), in contrast to the provisions made for Scheduled Castes (SC) and Scheduled Tribes (ST). This exemption was highlighted extensively by the opposition leaders in Lok Sabha debates.
The Underprint of Delimitation
Another criticism (and more significant one) is that the bill lacks a precise delineation of the election cycle. It ties the implementation of the reservation to two substantial processes: delimitation and the conduction of census. The bill reads:
“shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after the commencement of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023, have been published.”
This implies that the reservation cannot be implemented until after the census and delimitation processes have taken place. Once these processes have been concluded, 33% of the newly defined constituencies would be reserved for women in the subsequent elections.
Delimitation in India is an arduous task; it has happened only four times since Independence—in 1952, 1963, 1973, and 2002. The last delimitation exercise in 2002 focused solely on redrawing boundaries without altering the number of Lok Sabha constituencies, which has remained static since 1976.
According to Article 170 (3) of the Indian Constitution, the allocation of Lok Sabha seats and the total strength of legislative assemblies within each state cannot change until the results of the first census post-2026. In normal circumstances, this would push delimitation to occur after the 2031 Census. However, with the delay caused to the 2021 Census due to Covid-19 pandemic, there's a chance to expedite the process. If the house-listing and population enumeration phases proceed smoothly, we could see the 2029 general elections with an increased number of Lok Sabha seats for women.
But some critics argue that if the pending census happens before 2026, it won’t be able to serve as the basis for the delimitation which might further delay the bill's implementation. Home Minister Amit Shah, however, confidently stated in the Lok Sabha that the bill will be implemented in the 2029 general elections. The road ahead to delimitation is therefore, bound to be contentious. It's fraught with political disputes, especially regarding inter-state seat distribution. The real test lies ahead in seeing how the upcoming government translates the ‘act’ into ‘action’.
While the bill’s timing also may be seen as a political strategy to gain advantages in the upcoming elections, they shouldn't overshadow the significant advantages the bill offers in terms of promoting women's participation in politics.
Why the need for “Women in politics”?
Despite the hurdles and debates surrounding the bill, its successful passage in Parliament signifies a noteworthy push to encourage greater female participation in politics. Numerous studies have shown a bright spotlight on the positive impact of women's leadership in the political arena. Take, for instance, a 2012 study that revealed the ‘role model effect’ brought about by an increased number of women village leaders. It effectively closed the ‘aspiration gap’ between girls and boys by nearly 25% and in some cases, even reversed the gender gap in educational outcomes. Women's involvement in political leadership isn't just a win for them; it's a win for society at large. It has shown to have several societal benefits, such as promotion of equality, increased cooperation across party and ethnic lines, and increased prioritization of social issues, like health, education, parental leave, and pensions.
While institutional reforms are undoubtedly crucial, they should be viewed as stepping stones rather than the ultimate goal in our commitment to women's empowerment. It's imperative that this bill isn't reduced to mere tokenism in the realm of women's political representation. Instead, it should serve as an impetus for political parties to invest more in women leaders, providing them with opportunities and the necessary space to thrive.
Indeed, the WRB is a welcome and significant move. It not only provides much-needed political representation to women but also serves as a catalyst for changing perceptions. It ‘nudges’ people to view women as political leaders, paving the way for a gendered perspective in politics and policy. As the bill takes effect in the years ahead, we can anticipate a transformative shift in how we approach and engage with politics, driven by a more inclusive and diverse representation.
What’s next for the WRB?
For the women of our nation, this legislative milestone has been deferred for what feels like an interminable period. While the current version of the Bill may not be flawless, bearing the critical gaps mentioned earlier, we find ourselves in a situation where we can ill afford to delay this progress for another two decades. Therefore, let us extend a warm embrace to the government's proactive initiative to bring women's reservation into the realm of politics. Indeed, there is an extensive journey ahead to achieve gender parity within our political landscape, and this momentous step is but an inaugural stride in that direction.
Top Stories of the Week
A wake-up call for the Health Ministry
India has revised its pharma regulation policy, following recent deaths and other critical health repercussions, attributed to local pharmaceutical companies failing to meet quality standards.
WHO recently issued a medical alert for seven indigenously manufactured cough syrups, among other international products suspected to have caused a total of 300+ deaths. Following this, India implemented the 2018 revision in the Drugs and Cosmetic Rules, which contains “Good Manufacturing Practices” (GMP) as per the WHO-GMP guidelines. GMPs are globally accepted measures to ensure better control over the production and testing of pharmaceuticals. Our Ministry of Health stated that a mere 20% of 10,500 drug manufacturing units in India currently comply with the said practices and has given companies up to a year to implement the revised standards.
Acknowledgment of the oversight and revisal of regulations by India was the first step necessary to drive us into a mission mode. India should now establish a robust quality management system, leveraging technology and its digital public infrastructure for better documentation, production audits, and tracking the quality of medicines. Beyond stringent controls on pharmaceuticals, our healthcare system must provide better facilities in rural areas, address the ongoing shortage of trained medical professionals, and increase penetration of health insurance.
Government considering import duties on broadband components
In another chapter of its import substitution push, the Department of Telecom is considering a proposal to levy import duties on various telecom components, in order to give a fillip to domestic industry. As per the proposal, an import duty of 10% shall be levied from January on components for home-based broadband networks, including antennae, wi-fi switches, power adaptors and more, which shall be raised to 15% by October.
These duties are part of the Government’s Phased Manufacturing Program (PMP). The PMP aims to increase the share of value India creates in global supply chains. The Government steadily ramps up duties on imported products, and brings an increasing number of products under such duties. At the other end, the Government promotes domestic manufacturing through production linked incentives (PLIs) - in this case the PLI on network gear. The program is calculated to discourage imports of various products, and push domestic manufacturers to ramp up production of such goods.
In part, the move may be driven by concerns that PLI beneficiaries are merely engaging in ‘screwdriver assembly’ to take advantage of the PLI, while importing all their inputs. By discouraging imports, it is hoped that more of the value chain moves to India.
The move towards import substitution is controversial, with many critics seeing in it the ghosts of the pre-liberalisation ‘command and control’ economy. It is, however, part of a global shift towards industrial policy.
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