Authored By: Mansi Vikram Rathi
Shreemati Nathibai Damodar Thackersey Women's University- Law School
One of the longest-running issues in Indian political discourse since 1996 has been the Women’s Reservation Bill, known colloquially as the 108th Constitutional Amendment Bill. The idea is to provide a third or 33% of all Lok Sabha and State Legislative Assembly seats to women for effective representation, who form nearly half of India’s population.
Passed by the Rajya Sabha, or upper house, in 2010, this bill remains unpollinated due to the Lok Sabha, which is the lower house directly elected by popular vote. Arguments related to this bill highlight some of the most important factors changing the morphology of Indian democracy, challenges related to gender equalization, and power play within the given political system.
Historical Antecedents and the Imperative of Women’s Reservation Bill
It is because of centuries of socio-cultural patriarchy, wherein women have been denied active participation in public life, that a demand for a women’s reservation has arisen. Although the Indian Constitution ordains equal rights to all citizens, these rights have largely gone unimplemented in practice, particularly with regard to political participation. Since India achieved independence in 1947, the female representation in the Indian Parliament has remained minute. Currently, women hold only a little over 14% of seats in Lok Sabha-one of the smallest percentages among the best-known democracies around the world.
Supporters of the Bill argue that quotas for genders are far removed from statistics; they provide a true chance to women who have historically been excluded from this structural block of power. They point to the well-established practice of reservation to women at the level of panchayats. One-third of the seats in local government bodies are reserved for women in India, which was achieved through a constitutional amendment passed in 1992. Through this, millions of women elected themselves to be placed in different positions of leadership at their local levels, and it has been largely perceived as a success, especially within the rural areas, where leaders have been more “inclusive and welfare-oriented.”.
Success at grassroots levels will increase the argument to expand the reservations up to state and national levels of legislative assemblies. Proponents have argued that no representation would result in a suboptimal priority of issues concerning the welfare of women such as gender-based violence, reproductive rights, and education. Better numbers in Parliament are the tools utilized to present legislation that promotes citizens’ interests by giving policymaking inclusiveness and comprehensiveness.
Global Comparisons and Learning from Other Nations
Not only India, but many countries around the globe have been seeking to answer the question of women’s underrepresentation in politics. In response to this desire, various countries have deemed it appropriate to include gender quotas in their systems of political life. Consequently, IPU maintains that countries that embraced the use of quotas drastically expedited the rise in the percentage of women in politics.
For instance:
- Sweden and Norway: These countries imposed voluntary quotas on political parties that brought a massive increase in the proportion of women in politics. Their parliaments are nearly gender-balanced, and both score well constantly in international indices of gender equality.
Gender quotas, in any of their forms voluntary or legislated will sharply change the rationale and the dynamics of political power and influence. Implementing the Women’s Reservation Bill can be a giant leap forward for India toward being a model for other developing countries.
Criticism and Possible Drawbacks of the Women’s Reservation Bill
The Women’s Reservation Bill is so controversial, despite its noble intention. One of the main criticisms emerging for this bill is that:
- Tokenism and Dynastic Politics: Perhaps one of the most persistent criticisms about this Bill is that the reserved seats will lead to tokenism rather than genuine empowerment. The greatest fear is that women elected through reservations are seen to be merely placeholders or puppets for the male political leaders, especially in regions dominated by dynastic politics. Nomination in many political families goes to the female relatives of male politicians wife, daughter, and sister- but the decision power stays firmly in the hands of male members of the family. This kind of backdoor patriarchy might indeed mute the transformative potential of the bill.
- Representation without Intersectionality: Critics argue that the bill also does not speak to the intersectional challenges that Dalit, Adivasi, and OBC women face because the women’s reservation bill has reserved a few seats but supplementary measures are not included so as to ensure that those released reservations are distributed equitably across social groups. There is a fear among women that the seats will inevitably be dominated by upper-caste, urban women.
- Regional and Patriarchal Parties: “The bill opposed regional and caste-based political parties, who felt that it shrank their space for representation. The leadership of these parties feel the reservation would break their control over the traditional constituencies.” It has further been argued that rather than the blanket 33% reservation, a more nuanced system should be created in order to take care of both hierarchies-caste and gender.
Proposed Solutions Addressing Criticism
Against this backdrop, several proposals have come forward to further strengthen the bill so that it is truly empowering women:
- Rotational Reservations: The system of rotational reservations holds promise in the line of preventing political dynasties from manipulating the entire system by holding constituencies forever. Under this proposal, constituencies are rotated on a rotating basis to reserve the same for women. In this manner, not a single constituency remains permanently reserved for women, and the democracy remains fluid and competitive.
- Sub-Reservations for the Marginalized Groups: Inter-sectionalism would arise when sub-reservations are applied to women of Scheduled Castes, Scheduled Tribes and OBCs. It will make the reservation more pronounced so that the women from different backgrounds would get due representation and the reservation would not turn into an elitist institution run by the elites consisting mostly of the women of urban and upper castes.
- Capacity Building and Training to build leadership capacity: As the mechanism of reservations places women in the class of politics, there should be a parallel effort in building their capacity as leaders. Training in governance, making laws, and political participation may help women become more independent legislators. For example, the leadership potential of women can be supported by training on parties rather than just nominating them to reserved seats.
The Way Forward: Finding the Right Balance
The Women’s Reservation Bill would be a hopeful yet challenging situation for the political future of India. It is going to break that glass ceiling and create an opening in a male-dominated system, but as much as it can be a success, the degree of success depends on it providing solutions to the various apprehensions that critics have developed. True that reservation is not a panacea for anything; it is rather a necessary first step toward achieving gender equality in political representation.
A multi-layered effort is needed for the bill to pass that has a balance of reserved seats, intersectional representation, leadership development, and long-term commitment from political parties to nurture women leaders. India cannot afford to sit on half its population in democratic institutions when it houses 1.4 billion people.
While the Women’s Reservation Bill hangs in the balance, one waits to see if political will and public pressure can push this critical piece of legislation across the finish line. This could be a transformative moment for India’s democracy, empowering women and reshaping the country’s political landscape for the better, if done correctly.