Women’s quota — rhetoric and reality
Context:
The recent passage of the Women’s Reservation Bill in both Houses of Parliament has been celebrated as a progressive step. However, this conditional legislation comes with certain realities that require a closer look. The implementation of the Women’s Reservation Law is contingent upon the conduct of a census and delimitation of constituencies, conditions that might not be justified.
Relevance:
GS-02 (Government Policies and Interventions)
Mains Question:
Examine the implications of linking the Women’s Reservation Law to the conduct of a census and delimitation of constituencies and discuss the challenges and justifications for such conditions in the context of promoting gender equality in legislative bodies. (250 words)
Dimensions of the Article:
- Under-Representation of Women
- Issue of Delimitation
- North-South Divide
- Exclusion of Women from Delimitation
- Comparison with SC/ST Reservation
Under-Representation of Women:
- The Women’s Reservation Law aims to address the under-representation of women in legislative bodies.
- Statistics reveal that a small percentage of seats in the Lok Sabha and Rajya Sabha are occupied by women.
- Example: In Lok Sabha, only 15% of the maximum allowed 550 seats are occupied by women, and in the Rajya Sabha, just 12% of the 250 members are women. This highlights the need of addressing this gender imbalance in political representation.
- India’s ranking of 141 out of 185 countries in the Global Gender Gap Report highlights the need for addressing gender disparities in political representation.
Issue of Delimitation:
- Article 81 (2) (a) of the Constitution and Article 170 provide the basis for designing constituencies, primarily using population as a criterion.
- Delimitation, a contentious issue in India, is tied to population expansion with limited consideration for development and family planning.
- The postponement of delimitation for years highlights the challenges in this process.
North-South Divide:
- The proposed delimitation, coupled with demographic differences between North and South India, could create disparities in political power and resource allocation, potentially favoring certain Northern states.
- Scholar Nilakantan R.S. has highlighted the stark differences in performance between South and North Indian states, especially in sectors like health, education, and the economy.
Exclusion of Women from Delimitation:
- The inclusion of women’s reservation with delimitation overlooks the unique requirements of each and the need for a separate approach for women’s representation.
- Also, the demand for a census specifically for women’s reservation is questioned as the Women’s Reservation Law has different criteria and objectives compared to delimitation.
- The merger of the demand for women’s reservation with the uncertain delimitation process in a constitutional amendment has raised concerns about the legislation’s approach and democratic transparency.
Comparison with SC/ST Reservation:
- The criteria for reservation based on population, as seen in the case of Scheduled Caste/Scheduled Tribe (SC/ST) reservation, are not directly relevant to women’s quota, given the nearly equal gender distribution.
Way Forward:
The linkage of the Women’s Reservation Law with the delimitation process and the associated conditions need reevaluation. A separate approach, with clarity on the unique requirements of women’s representation, should be considered. The complexities of conditional legislation and its implications for constitutional amendments require careful scrutiny.
Conclusion:
The Women’s Reservation Law, while celebrated for its intent, raises questions about the conditions tied to its implementation. The linkage with delimitation and population-based criteria may not be suitable for addressing gender disparities in legislative bodies. A reevaluation of the legislation’s approach, in line with modern constitutional principles, is necessary to promote gender equality effectively.
