IN September 2023, history was created in Indian Parliament when the Nari Shakti Wandan Adhiniyan or Women’s Reservation Bill was passed after being in cold storage for over 27 years. With 454 out of 456 Members of the Indian Parliament voting in the Bill’s favour, the significant development is being hailed by Indian media as a compelling imperative for all political parties to acknowledge the importance of the role of women in an inclusive polity. Most political observers are labelling it as a clarion call to Indian women to recognise their agency, assume equal responsibilities as citizens and define their destinies. They conclude that the Bill is a significant achievement of the women’s movement in the country. Although Prime Minister Narendra Modi as well as the opposition were quick to claim credit for the legislature, mostly to gain political mileage in view of the forthcoming general elections in early 2024, BJP’s Home Minister Amit Shah threw cold water on the aspirations of women. In his speech at Lok Sabha, he declared that the Bill will not be implemented in the 2024 elections due to technicalities.
Before delving on what shakti (empowerment) the “Women’s Reservation Bill” brings to the Indian Nari (woman), let us briefly examine the Bill’s tumultuous journey to becoming a Law. On 19 September 2023, the 128th amendment was proposed to the Indian constitution regarding women’s representation in legislative assemblies as well as in the Lok Sabha (Lower House of Indian Parliament). Earlier, similar Bills were introduced in 1996, 1998, 1999, and 2008. The first three Bills lapsed because of the dissolution of the respective Lok Sabhas; while the fourth one was approved by the Rajya Sabha (Upper House of the Bicameral Indian Parliament) but it also lapsed because of the Lok Sabha’s dissolution.
However, the 1996 Bill, examined by the Joint Committee of Parliament, and the 2008 Bill, examined by the Standing Committee on Personnel, Public Grievances, Law and Justice, had agreed with the proposal to reserve seats for women. The latest Bill was passed with a majority, as no major controversy appeared regarding the representation of women. What is the Women’s Reservation Bill 2023? The Women’s Reservation Bill 2023 also known as the Nari Shakti Vandan Adhiniyam, stipulates 33 percent women representation in Lok Sabha and the State Assemblies. Since 1951, women’s representation in the Lok Sabha could only increase from 5 to 15 per cent. Indian opposition parties and independent analysts have long been concerned about the women’s participation in scheduled classes, and this prospect of non-representation from these classes had been the one reason for the Bill not securing approval in the past. In 2010, a leader of the Samajwadi Party, Mulayam Singh Yadav, said: “We are not anti-women, but we want reservations for women hailing from minority and backward classes first.” But in this Bill, women from Scheduled Tribes (ST) and Scheduled Castes (SC) would also get 33 percent representation from the already existing quotas for these classes. Presently, out of 543 seats, there are 84 seats reserved for SC and 47 seats for ST. The Bill would ensure that from the reserved quota for these classes, 33 percent is for women only. It envisages that out of 84 seats for the SCs, 28 will be specified for women; and out of 47 seats for STs, 16 will be for women only.
In a country, which claims to be world’s biggest democracy (on basis of population), was ruled by Indira Gandhi, one of India’s most powerful Prime Ministers and has had two women Presidents: Pratibha Devisingh Patil (2007-2012) and the current incumbent, Droupadi Murmu (2022-) who is the first from the ST, the country’s record in women representation has been dismal. Ironically, India’s movement for women’s participation as equal stakeholders in the future predates its Independence. The arguments in feminist discourses have been layered, even contradictory at times. These range from Sarojini Naidu’s strong rejection of quotas for women during the Constituent Assembly debates, to Sushma Swaraj’s request, in 2014, to fellow parliamentarians asking them to support this landmark legislation.
Narendra Modi may have been animated in his support for the Bill while the Indian National Developmental Inclusive Alliance (INDIA), comprising 26 opposition parties so far may also have felt that new legislature will bring it recompenses in the 2024 elections, the technicalities mentioned earlier, will delay the execution of the Bill till 2029. The impediments arise from firstly, the census, and secondly the delimitation exercise. Originally, the census was to be conducted in 2021 but was halted due to the COVID-19 pandemic.
The delimitation exercise—the process of analysing the results of the census and then modifying the electoral constituencies based on the census results—will be investigated by the Delimitation Commission of India based on the population dynamics and redefining the boundaries of electoral constituencies. The Indian population is expected to rise by 30 percent vis-à-vis the 2011 census. This increase in population would lead to a surge in Lok Sabha seats by 210 making a total of 753 seats. Constitutionally, the delimitation process can be conducted after 2026 hence, the allocation of the seats to women according to the Bill will only be possible if the next government works endlessly to complete the national census in two years and submit the results to the Delimitation Commission.
A quick comparison indicates that even in Bangladesh, Nepal and Pakistan, women have a higher percentage of reserved seats (21, 33.09 and 20 respectively) as compared to India (15). Women in the US and the UK have the figures of 29 and 35, respectively while only two countries have equal representation of men and women New Zealand and the United Arab Emirates. Rwanda tops the list because of 61% women representatives in its lower house. Meanwhile feminists are still questioning why women need reserved seats in Parliament when India was among the few countries that granted full and equal citizenship rights to women at Independence. Secondly, women in India have consistently rejected invisibility and marginalization so why are they vying for a Women’s Reservation law?
—The writer is a Retired Group Captain of PAF, who has written several books on China.
Email: sultanm.hali@gmail.com
