A Critical Analysis on Political Participation of Women: Challenges And Legal Remedy in South Asia

Abstract:

Women in South Asia represent a significant portion of the population, yet they continue to face considerable obstacles when it comes to political involvement. Using the doctrinal legal method, this study examines constitutional provisions, laws and case law relating to women’s political participation in South Asia. The findings reveal that while many countries in the region have introduced laws and policies which support women’s participation in governance, the reality on the ground often tells a different story. This paper explores the major difficulties that prevent women from entering in political life in countries such as Bangladesh, India, Nepal, Pakistan and Sri Lanka. Cultural traditions, gender-based discrimination, and societal expectations have long discouraged women from seeking leadership roles. In many cases, women who attempt to step into politics encounter threats, harassment, or lack of financial support. Additionally, those who do gain political office are often assigned powerless or symbolic positions which limit their ability to create meaningful change. To promote female representation, several countries have adopted legal tools like gender quotas and reserved seats. These measures have increased the number of women in parliaments and local councils. However, progress is not always deep-rooted or sustainable. Often, these seats are filled through political favoritism or family ties rather than merit or grassroots activism. This study reviews how effective these laws have been and what more can be done to empower women as political leaders. It emphasizes that legal

reforms are not sufficient enough in this regard. There must be broader changes within political parties, better protection for women in public life and a shift in public perception about gender roles in leadership. In summary, although steps have been taken to improve women’s political participation in South Asia, lasting change will require more than policy. It demands political will, social transformation and a true commitment to gender equality.

Key Words:

• Women in Political Participation
• South Asia
• Gender Equality
• Political Quota
• Patriarchy

Introduction:

Women’s political participation goes far beyond simply voting or running for office; it includes the ability to influence decision-making, shape policies and occupy leadership positions within public institutions. Ensuring women’s active engagement in politics is essential not only for democratic fairness but also for addressing structural gender inequalities. When women are excluded from political processes, policies risk reflecting only a narrow set of perspectives, overlooking the needs and experiences of half the population.

In South Asia, countries such as Bangladesh, India, Pakistan and Nepal have a complex socio-political history shaped by colonial legacies, struggles for independence and deeply entrenched patriarchal norms. Despite the presence of prominent female leaders, including prime ministers and parliamentary speakers, women remain significantly underrepresented at local, regional and mid-level political structures. Social expectations, limited access to financial and educational resources, and political harassment further restrict women’s meaningful participation.

At the international level, these countries have shown a commitment to gender equality by ratifying the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and endorsing Sustainable Development Goal 5 (SDG 5), which advocates for women’s full and effective participation in political life. However, translating these international commitments into concrete political empowerment remains a challenge. Achieving meaningful gender parity requires more than formal quotas; it demands changes within political parties, capacity-building initiatives, awareness campaigns and strong enforcement of anti-discrimination measures.¹

Promoting women’s political participation is not only a matter of representation but also of improving governance. Evidence shows that inclusive political systems lead to more responsive policies, better social outcomes and stronger accountability. By creating opportunities for women to actively shape laws, policies and public programs, South Asian countries can address long-standing inequalities and foster more equitable and democratic societies. Ensuring women’s voices are heard at every level of governance is therefore both a legal and moral imperative, as well as a practical step toward sustainable development.

Historical and Socio-Political Background:

Women’s political engagement in South Asia is closely tied to historical movements, constitutional reforms and shaped by social customs and cultural expectations in countries like Bangladesh, India, Nepal and Pakistan.

In Bangladesh, women actively participated in the 1971 Liberation War, contributing to logistics, advocacy and resistance. The Constitution of Bangladesh 1972 enshrines equality (Articles 27–28) and provides for affirmative action to ensure women’s participation.²In 2024, women were at the forefront of Bangladesh’s Anti-discrimination Students’ Movement, not only leading rallies and organising activities but also powerfully voicing the call for equality. Their determination and presence drew widespread national and international attention to the fight for justice and equal rights in education and society.³ Nevertheless, grassroots representation often lags behind high-profile leadership; two long-serving prime ministers have not necessarily improved participation at lower administrative levels.

In India, women were deeply involved in the freedom struggle with figures such as Sarojini Naidu shaping national and international politics. The Constitution of India 1950 guarantees equality (Article 14) and prohibits discrimination (Article 15), while allowing special provisions for women.⁴ Additionally, local governance reforms under the 73rd and 74th Constitutional Amendments reserve one-third of seats for women in Panchayati Raj Institutions, significantly enhancing grassroots political participation.⁵

In Pakistan, women gained the right to vote in 1947, but meaningful engagement remained limited until constitutional provisions under the 1973 Constitution introduced reserved seats for women. Subsequent reforms, including the 2002 expansion of quotas, improved numbers but could not fully overcome patriarchal norms, political violence and social conservatism.⁶

Nepal’s political transformation is relatively recent. The 2015 Constitution guarantees that at least 33% of seats in federal and state legislatures be occupied by women (Articles 38 and 84), and proportional representation systems ensure compliance.⁷ Despite these legal guarantees, challenges of substantive participation and leadership persist, particularly in rural areas where male-dominated local hierarchies exert influence.

In all four countries, early female political leaders often emerged from political dynasties or elite families, highlighting structural barriers that limit broader participation. While dynastic politics provided visibility at the top, it rarely fostered systemic empowerment across party structures or electoral systems.

Current State of Women’s Political Participation:

Recent statistics indicate varying levels of female political engagement:

• India: In the 2024 Lok Sabha elections, 74 women were elected, constituting approximately 13.6% of seats well below the one-third target of the Women’s Reservation Bill.⁸
• Bangladesh: As of August of 2024 in Bangladesh’s interim government, 4 out of 23 advisers, including the Chief Adviser, are women, making up approximately 17.39% of the advisory council.⁹ But in general, 50 out of 350 seats are reserved for women in Bangladesh’s Jatiya Sangsad (National Parliament), constituting approximately 14.29% of the total seats. ¹⁰
• Nepal: Women hold 92 of 275 seats in the House of Representatives (~33.5%) and 22 of 59 seats in the National Assembly (~37.3%).¹¹
• Pakistan: Women occupy 60 of 342 seats in the National Assembly (~18%).¹²

However, Nepal demonstrates the most effective implementation of quotas, while India, Bangladesh, and Pakistan still face challenges in converting numerical representation into substantive political influence.

Challenges and Barriers:

In implementing the equality in the participation of politics, women face some hundreds which push them back away from participation in politics combatively to man namely;

Socio-Cultural Barriers:

Deeply entrenched patriarchal norms often restrict women to domestic and supportive roles, discouraging political engagement. Elite female leadership in Bangladesh coexists with limited grassroots participation. In Pakistan, informal bans and community pressures continue to restrict women’s electoral involvement.¹³

Economic Barriers:

Running election campaigns requires significant resources which women often lack due to limited access to wealth, credit, and political networks. This reduces their competitiveness for general seats.¹⁴

Political and Institutional Barriers:

Male-dominated party hierarchies frequently allocate women to symbolic or unwinnable seats. Political harassment, intimidation and weak enforcement mechanisms further undermine women’s authority.¹⁵

Legal Gaps and Implementation Failures:

While all four countries have ratified CEDAW, domestic enforcement remains inconsistent. In India, the Women’s Reservation Bill awaits delimitation before full implementation. In Nepal, token compliance can undermine the intended effect of legal measures.¹⁶

Legal Analysis:

Bangladesh:

• Constitutional guarantees: Article 27 says that no one in Bangladesh should get special treatment or be discriminated against in the eyes of the law, everyone is supposed to be treated equally. In addition article 28 also provides that nobody can be treated unfairly just because of their religion, race, caste, sex or place of birth. However, article 65(3) ensures the reserved seats for women in the national parliament.¹⁷
• Local government quotas: Local Government (Union Parishads) Act 2009 promotes women’s participation in politics by providing reserved seats for women in Union.¹⁸
• Judicial interventions: In the case of Bangladesh National Women Lawyers Association v Government of Bangladesh, the court recognized that sexual harassment of women at workplaces and educational institutions violates their fundamental rights under the Constitution. Since there were no existing laws to protect women from such abuse, the court issued clear guidelines defining what constitutes sexual harassment and directed institutions to follow these as law until the government enacts proper legislation.¹⁹

India:

• Constitutional equality: Articles 14 and 15 of the Constituition of India ensure that Everyone is equal before the law, has the right to its protection, and the state cannot discriminate against anyone based on religion, caste, sex, birth or social status.²⁰
• Local governance quotas: The 73rd and 74th Amendments ensure reserved seats for women, Scheduled Castes, and Scheduled Tribes in local governance bodies to promote inclusive participations.²¹
• National-level reservation: Women’s Reservation Bill (106th Amendment, 2023): The 106th Amendment (2023) reserves one-third of seats in India’s Parliament and state legislatures for women to ensure their greater political representation.²²
• Judicial support: In the case of Charu Khurana v. Union of India, the court ruled that women cannot be barred from any profession, as such gender-based restrictions violate equality and fundamental rights.²³

Pakistan:

• Constitutional provisions: Articles 25, 34, and 51(3) of Pakistan’s Constitution ensure equality before the law and provide for representation of women and minorities in legislatures.²⁴
• Election quotas: 5% minimum female candidates in general seats under Elections Act 2017.²⁵
• Judicial rulings: In the case ofe Workers’ Party Pakistan v Federation of Pakistan, the Supreme Court of Pakistan ruled that political parties must hold internal elections, and the Election Commission can take action if they fail to do so, ensuring internal democracy within parties.²⁶
• Protection measures: The Workplace Harassment Act 2010 provides legal protection to employees against harassment at work and establishes mechanisms to address and prevent such misconduct.²⁷

Nepal:

• Constitutional guarantees: Articles 38 and 84 of Nepal’s Local Level Election Act 2017 ensure that only qualified candidates can contest local elections and guide the election of mayors and deputy mayors while promoting women’s participation and gender-inclusive representation.²⁸
• Proportional representation: The zipper system in proportional representation guarantees gender-balanced representation by alternating men and women on party lists.²⁹
• Judicial enforcement: In the case of, Prakashmani Sharma v Government of Nepal the Supreme Court of Nepal directed the government to address the public health crisis of uterine prolapse among women, mandating the formulation of a comprehensive national policy and public awareness programs to prevent and treat this condition.³⁰

International Framework:

CEDAW Convention: CEDAW obliges states under international law to remove all forms of gender discrimination, offering a standard to evaluate domestic legal frameworks.³¹

Beijing Declaration (1995): The Beijing Declaration and Platform for Action commits states to achieve gender equality and eliminate all forms of discrimination against women through concrete legal, policy, and social measures.³²

Comparative Analysis:

• Quotas: Nepal effectively combines constitutional provisions with proportional representation, giving women meaningful political opportunities. In Bangladesh, indirect parliamentary elections weaken accountability, while India shows strong results at the local level due to reserved seats. Pakistan, however, faces challenges as quota laws are often poorly enforced and remain largely symbolic.³³
• Socio-cultural and economic barriers: Across these countries, women still struggle with entrenched social norms, economic dependence, and limited access to education or resources which continue to restrict their political engagement.³⁴
• Political violence: Harassment, threats and intimidation remain common for women in politics, creating a hostile environment that discourages participation.³⁵
• Party politics: Quotas alone do not ensure influence; political parties must undertake internal reforms, provide funding, and offer training or mentorship to help women translate reserved positions into real decision-making power.³⁶

Legal Remedies and Policy Recommendations:

1. Strengthen quota systems: Political participation of women can be improved if reserved seats are filled through direct elections rather than indirect appointments. Political parties should be strictly required to follow the rules on quotas. Adopting proportional representation systems with “zipper” mechanisms where men and women alternate on candidate lists can ensure fair and balanced representation.³⁷
2. Combat political viviolence: Women politicians and candidates often face harassment, threats, and violence. Governments should pass clear laws addressing violence against women in politics (VAWP). Accessible reporting systems should be established so victims can safely report abuse. Awareness campaigns should educate both politicians and the public about the importance of safe, inclusive political spaces.³⁸
3. Party-level reforms: Political parties play a critical role in enabling women’s participation. Parties should ensure women are included in leadership roles and decision-making positions. Providing financial support for women candidates’ campaigns can reduce barriers to entry. In addition, training and capacity-building programs should be organized to strengthen women’s political skills, leadership, and confidence.³⁹
4. Judicial and oversight mechanisms: Courts and independent oversight bodies should actively monitor whether election laws, quotas, and anti-discrimination measures are being followed. Proactive judicial interventions can prevent violations before they escalate. Regular audits of parties’ compliance with quota rules can improve transparency and accountability.⁴⁰
5. Regional cooperation:Countries can learn from each other’s experiences. Platforms like SAARC and regional civil society networks can be used to share best practices, strategies and lessons learned on promoting women’s political participation. Collaborative workshops and regional reports can guide reforms in each country.⁴¹
6. Socio-cultural interventions: Beyond laws and quotas, societal attitudes often hinder women’s political engagement. Education programs, media campaigns and community initiatives should work to challenge stereotypes about women in leadership. Engaging families, community leaders, and youth can gradually shift public perceptions and create a more supportive environment for women in politics.⁴²

Conclusion:

In South Asia, women’s political participation has improved over the years because of legal frameworks, reserved seats, quotas and affirmative action programs. These measures have opened doors for women to enter politics, but holding positions does not always mean they have real decision-making power. Nepal provides an example of progress, where constitutional guarantees, proportional representation and active judicial oversight help women move beyond symbolic roles to influence policy. In contrast, many other countries in the region still struggle with challenges such as tokenism, social and cultural resistance, lack of enforcement of gender laws and limited support within political parties.

Achieving genuine gender equality requires more than legal provisions. Political parties need to adopt internal reforms, provide funding, mentorship and training for women leaders and implement strong measures against violence and harassment in politics. At the same time, society must change its attitudes toward women’s leadership. Only by combining legal action, party-level reforms, and societal transformation can South Asia shift from merely having women in positions to enabling them to exercise real power and make meaningful political contributions.⁴³

Reference(S):

¹ Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979, UNTS 1249, 13; United Nations, ‘Transforming our world: the 2030 Agenda for Sustainable Development’ (2015) A/RES/70/1, SDG 5: Achieve gender equality and empower all women and girls.

² Bangladesh Constitution 1972, arts 27–28.

³‘Women’s role in movements often ignored’ (The Daily Star, 15 September 2024) https://www.thedailystar.net/news/bangladesh/news/womens-role-movements-often-ignored-3703356 accessed 15 August 2025.

⁴ Constitution of India 1950, arts 14–15.

⁵ Constitution of India 1950, arts 243D–243T.

⁶ Constitution of Pakistan 1973, arts 25, 34, 51(3).

⁷ Constitution of Nepal 2015, arts 38, 84(4); Local Level Election Act 2017, s 17.

⁸ Hindustan Times, ‘Number of Women MPs Elected to the Lok Sabha Drops’ (8 June 2024) https://www.hindustantimes.com/india-news/number-of-women-mps-elected-to-the-lok-sabha-drops-1017 17616188425.html accessed 14 August 2025.

⁹Interim Government of Muhammad Yunus, ‘Advisers to the Interim Government’ (The Daily Star, 9 August 2024)

https://www.thedailystar.net/news/bangladesh/news/advisers-the-interim-government-3672791 accessed 15 August 2025.

¹⁰ International Foundation for Electoral Systems, ‘Women’s Reserved Seat Systems in Bangladesh’ (February 2020)

https://www.ifes.org/sites/default/files/migrate/womens_reserved_seat_systems_in_bangladesh_february _2020.pdf accessed 15 August 2025.

¹¹Inter-Parliamentary Union and UN Women, Women in Politics: 2024 (IPU/UN Women 2024) 16.

¹² Constitution of Pakistan 1973, art 51(3).

¹³ Aurangzaib Khan, ‘Pakistan’s Women Voters Still Struggle for the Right to Vote’ (DW, 25 July 2018) https://www.dw.com/en/pakistans-women-voters-still-struggle-for-the-right-to-vote/a-44821483 accessed 14 August 2025.

¹⁴ World Bank, Women, Business and the Law 2023 (World Bank 2023) ch 5.

¹⁵ UN Human Rights Council, ‘Violence against Women in Politics’ (A/HRC/38/47, 2018).¹⁶ The Constitution (One Hundred and Sixth Amendment) Act 2023 (India).

¹⁷ Bangladesh Constitution 1972, arts 27–28, 65(3).

¹⁸ Local Government (Union Parishads) Act 2009 (Bangladesh), s 5(3).

¹⁹ Bangladesh National Women Lawyers Association v Government of Bangladesh [2009] 61 DLR (HCD) 232.

²⁰ Constitution of India 1950, arts 14–15.

²¹ ibid arts 243D–243T.

²² The Constitution (One Hundred and Sixth Amendment) Act 2023 (India).

²³ Charu Khurana v Union of India (2015) 1 SCC 192 (India).

²⁴ Constitution of Pakistan 1973, arts 25, 34, 51(3).

²⁵ Elections Act 2017 (Pakistan), s 206.

²⁶ Workers’ Party Pakistan v Federation of Pakistan [2012] PLD SC 681.

²⁷ Protection against Harassment of Women at the Workplace Act 2010 (Pakistan).

²⁸ Constitution of Nepal 2015, arts 38, 84(4); Local Level Election Act 2017, s 17.

²⁹ ibid.

³⁰ Prakashmani Sharma v Government of Nepal [2017] NKP 963.

³¹ Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature 18 December 1979, UNTS 1249 (entered into force 3 September 1981) (‘CEDAW’).

³² UN Women, Beijing Declaration and Platform for Action (Fourth World Conference on Women, 1995) https://www.un.org/womenwatch/daw/beijing/platform/ accessed 15 August 2025.

³³ Constitution of Nepal 2015, art 84(4); Local Level Election Act 2017, s 17.

³⁴ Pamela Paxton and Melanie M Hughes, Women, Politics, and Power: A Global Perspective (4th edn, Rowman & Littlefield 2023) 224.

³⁵ UN Human Rights Council, ‘Violence against Women in Politics’ (A/HRC/38/47, 2018).

³⁶ Naila Kabeer, Women’s Empowerment in Bangladesh: A Case Study (UNDP, 2019).

³⁷ Bangladesh Constitution 1972, art 65(3); Local Level Election Act 2017 (Nepal), s 17.

³⁸ UN Human Rights Council, ‘Violence against Women in Politics’ (A/HRC/38/47, 2018).

³⁹ Pamela Paxton and Melanie M Hughes (n 29) 224.

⁴⁰ Bangladesh National Women Lawyers Association v Government of Bangladesh [2009] 61 DLR (HCD) 232; Prakashmani Sharma v Government of Nepal [2017] NKP 963.

⁴¹ Inter-Parliamentary Union and UN Women, Women in Politics: 2024 16.

⁴² Naila Kabeer (n 31).

⁴³ Inter-Parliamentary Union and UN Women, Women in Politics: 2024 16.