Empowering Women in Politics: The Passage of the Women's Reservation Act 2023
Introduction In a historic and transformative move, the Women's Reservation Bill 2023, also known as the 128th Constitutional Amendment Bill or Nari Shakti Vandan Adhiniyam, has received the assent of the President of India and has officially become an Act. This landmark legislation reserves one-third of the seats in the Lok Sabha, State legislative assemblies, and the Delhi assembly for women. Furthermore, it extends this reservation to seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislatures. In this updated blog post, we will delve into the background and need for this bill, its key features, and the arguments both for and against it, now that it has become law. Background and Need for the Act The journey of the Women's Reservation Bill from an idea to a full-fledged Act has been a long and arduous one. The roots of this proposal can be traced back to the tenure of Former Prime Minister Shri Atal Bihari Vajpayee in 1996. However, at that time, the government did not have the majority to approve the bill, leading to its shelving. Subsequent attempts were made to pass the Women's Reservation Bill in various forms, culminating in the Act we have today: 1996: The First Women Reservation Bill was introduced in Parliament. 1998-2003: The government tabled the Bill on four occasions but failed to pass it. 2009: The government reintroduced the bill amid protests. 2010: The Union Cabinet passed the Bill, and the Rajya Sabha successfully passed it. The need for this legislation arises from the underrepresentation of women in India's legislative bodies. As of now, there are 82 women Members of Parliament in the Lok Sabha, constituting 15.2% of the total, and 31 women in the Rajya Sabha, making up 13%. While these numbers have improved since the first Lok Sabha, where women held only 5% of the seats, they still lag far behind many other countries. According to recent data from UN Women, countries like Rwanda (61%), Cuba (53%), and Nicaragua (52%) lead the way in women's representation. Even neighboring countries like Bangladesh (21%) and Pakistan (20%) surpass India in terms of female political participation. Key Features of the Act The Women's Reservation Act 2023 retains several key features aimed at promoting gender equality in politics: Reservation for Women in the Lower House: The Act inserts Article 330A into the constitution, modeled after Article 330, which deals with the reservation of seats for SCs/STs in the Lok Sabha. Reserved seats for women will be allocated by rotation to different constituencies in states and Union Territories. In seats reserved for SCs/STs, one-third of the seats will be reserved for women on a rotational basis. Reservation for Women in State Legislative Assemblies: The Act introduces Article 332A, mandating the reservation of seats for women in every state Legislative Assembly. Additionally, one-third of the seats reserved for SCs and STs must be allocated for women. One-third of the total seats filled through direct elections to the Legislative Assemblies will also be reserved for women. Reservation for Women in NCT of Delhi: An important addition is the inclusion of a new clause in Article 239AA, which grants special status to the Union Territory of Delhi. The Act amends Article 239AA(2)(b) to specify that laws framed by Parliament shall apply to the National Capital Territory of Delhi, including reservations for women. Commencement of Reservation: The reservation came into effect after the census conducted following the commencement of the Act was published. Delimitation was undertaken based on the census to reserve seats for women. Initially, the reservation is provided for a period of 15 years, with the possibility of extension through parliamentary legislation. Rotation of Seats: Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament. Arguments Against the Act While the Women's Reservation Act 2023 is a significant step towards gender equality in politics, it has faced criticism on certain fronts: Lack of Clarity on Election Cycle: The Act does not specify the cycle of elections from which women will get their due share. It merely states that the reservation will come into effect after delimitation following the first Census taken after the Act's commencement. Exclusion of the Rajya Sabha and State Legislative Councils: The Act focuses on reservations in the Lok Sabha and State Legislative Assemblies, leaving the Rajya Sabha and State Legislative Councils without such provisions. The Rajya Sabha currently has lower female representation than the Lok Sabha, and some argue that representation should be balanced in both the Lower and Upper Houses. Conclusion The passage of the Women's Reservation Act 2023 represents a historic milestone in the journey towards gender equality in Indian politics. It addresses the long-standing issue of underrepresentation of women in legislative bodies. As India moves forward with implementing this transformative legislation, it will be essential to address concerns and ensure that women have a meaningful presence in all levels of government. The Women's Reservation Act is a significant step in the right direction, but the road to full gender parity in politics is still a long one. With this Act in place, India has taken a significant stride towards achieving this vital goal.