Dr. Rajkumar Singh
The Women’s Reservation Act, 2023, formally known as the 128th Constitutional Amendment Act, was passed by the Indian Parliament to ensure 33% reservation for women in the Lok Sabha (Lower House) and State Legislative Assemblies. It aims to enhance women’s political participation by reserving one-third of the seats for women in these legislative bodies.The key highlights of the Women’s Reservation Act, 2023 include:a. Reservation of 33% Seats:One-third of the seats in both the Lok Sabha and State Assemblies will be reserved for women.The reservation will also extend to seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs). b. Implementation Timeline:The reservation will come into effect after the delimitation process is conducted based on the 2021 Census (which has not yet been carried out).Experts suggest this may push implementation to 2029 or beyond.c.Duration:The reservation will be applicable for 15 years from the date of its commencement, though Parliament may extend it further through legislation. d. Rotation of Reserved Seats:The seats reserved for women will be rotated after every election, similar to how SC/ST reservations function. e. Exclusions:The 33% reservation does not apply to the Rajya Sabha (Upper House) or Legislative Councils of States. f. Historic Context and Political Journey:Previous attempts to pass similar legislation were made in 1996, 1998, and 2010, but these bills failed due to political opposition.The 2023 Act marks a significant political milestone and was passed by both Houses with overwhelming support, though some opposition parties criticized the delay in its implementation. g. Empowerment of Women: The act is expected to lead to greater representation of women in the political process. h. Delay in Implementation: There are concerns about the time lag since the reservation will only take effect post-delimitation, which could push meaningful change several years into the future.This act reflects a major step towards gender parity in Indian politics, though its delayed implementation remains a point of debate.
Background and development
The journey toward women’s reservation in Indian politics is rooted in historical movements for gender equality, constitutional debates, and policy initiatives aimed at increasing women’s participation in governance. Its aspects include: a. Pre-Independence Period: Colonial-Era Reforms:In the British era, women’s participation in the freedom struggle (led by figures like Sarojini Naidu and Kasturba Gandhi) sparked a movement for equal rights.The Government of India Act, 1935 introduced some electoral reforms, but there was little political representation for women.Women’s Role in Freedom Struggle:Many leaders from the Indian freedom movement highlighted the need for women’s empowerment, which laid the foundation for post-independence gender policies. b. Post-Independence: Constitutional Provisions:India’s Constitution, adopted in 1950, guarantees equality before the law (Article 14) and prohibits gender-based discrimination (Article 15).Article 39 of the Directive Principles of State Policy urges the state to promote gender equality and ensure equal opportunities for both men and women.Reservation for Women in Panchayats:The first significant step toward women’s reservation came with the 73rd and 74th Constitutional Amendments (1993), which introduced 33% reservation for women in Panchayats (rural governance) and Urban Local Bodies (municipal governance).This was a transformative move that brought millions of women into grassroots politics and provided momentum for further political reservations.c. Earlier Women’s Reservation in Parliament and Assemblies: First Women’s Reservation Bill (1996):The Women’s Reservation Bill was introduced in the Lok Sabha by the United Front government led by Prime Minister Deve Gowda, proposing 33% reservation for women in the Lok Sabha and State Assemblies.However, the bill lapsed due to strong opposition from certain political groups, particularly those demanding quotas within quotas (for women from marginalized communities). d. Subsequent Attempts:1998 and 1999: The bill was reintroduced by the Atal Bihari Vajpayee government, but it failed to pass due to political disagreements.2010: The Manmohan Singh government managed to pass the bill in the Rajya Sabha, but the legislation was never taken up for a vote in the Lok Sabha.e. Push for Women’s Reservation: 2014-2023: Increasing Demand for Representation:As the number of women in Parliament hovered around 10-14% in various elections, the demand for 33% reservation resurfaced, supported by various political parties and women’s organizations. f. Momentum under the BJP Government:Narendra Modi’s government pledged to pass the Women’s Reservation Bill in the run-up to several elections. In 2023, the bill was finally tabled during a special session of Parliament, leading to the enactment of the 128th Constitutional Amendment Act.Thus, the Women’s Reservation Act, 2023, builds on decades of advocacy, policy experiments at local levels, and multiple legislative attempts. Though the reservation will take effect only after delimitation based on the 2021 Census, it represents a historic step toward gender equality in India’s political landscape.
Prospects of Women’s Reservation
The Women’s Reservation Act, 2023 holds the potential to transform India’s political landscape by increasing women’s representation. Below are some key prospects and potential benefits of implementing the 33% reservation policy: a.Enhanced Political Representation for Women: The one-third reservation in Lok Sabha and State Assemblies will significantly increase the number of women legislators.This will provide greater gender diversity in decision-making bodies and reduce the existing gender imbalance in Indian politics (currently, women constitute only around 14% of Parliament).: b. Better Governance and Inclusive Policy-Making: Women’s participation can lead to more inclusive policies, especially on issues related to health, education, social welfare, and gender equality.Research from Panchayats and local bodies shows that women leaders tend to prioritize issues like sanitation, water, and healthcare, improving public service delivery. c. Greater Focus on Social Issues: Women leaders are more likely to advocate for policies related to domestic violence, child welfare, maternal health, and workplace safety.A higher presence of women in politics could also enhance laws and enforcement on issues like gender-based violence and equal pay.Global Parity with Other DemocraciesSeveral countries, such as Rwanda, Sweden, Norway, and Mexico, have successfully implemented gender quotas in their parliaments.India’s move towards 33% reservation aligns it with global efforts to ensure gender-balanced governance and will improve its ranking in international gender equity indices. d. Challenges and Considerations: Implementation Delay: The Act’s effect is contingent on delimitation after the 2021 Census, which could delay real benefits until 2029 or later.Quota within Quota: Some political groups demand sub-reservations within the women’s quota for OBC and minority women, which could spark political debates.Patriarchal Mindsets: Overcoming societal resistance and tokenism will be essential to ensure that women leaders function effectively and independently.Capacity Building: Efforts will be required to train and empower new women leaders, especially those from marginalized backgrounds.In conclusion, the Women’s Reservation Act, 2023 presents a significant opportunity to reshape India’s political system by bringing more women into leadership roles.
(The author is a youth motivator and former Head of the University Department).