Why the Women’s Reservation Bill Isn’t Cause for Celebration Yet

Nor Is There Room for Pessimism
By Surabhi Singh
Oct. 3, 2023

The Women’s Reservation Bill was tabled in Parliament in 1996, the same year I was born. Now, at 27, I see it has finally passed. Yet, it won’t take effect until I’m 33. Beyond this glaring delay, I have two other criticisms, one apprehension and eight suggestions for the legislation to make a difference.

The bill, presented as the 128th constitutional amendment by the incumbent Bharatiya Janata Party, became law on Sept. 29, after President Draupadi Murmu gave her approval. However, its implementation date will be determined by the central government, as stated in the gazette notification.

While the law, which earmarks one-third of all seats for women in law-making bodies, received unanimous support in both Houses of Parliament, it will remain on paper for at least six years.

Currently, there are 82 women in the Lok Sabha, making up 15% of its members. In the Rajya Sabha, there are 24 women, accounting for less than 10% of total seats. The representation is similarly dismal in state legislatures, at less than 10%.

The 2024 general elections would have been a great opportunity to give this law a head start and allow more women to participate in parliamentary politics. However, the quota will only come into effect after 2029, following a delimitation process and census, both of which are pending.

The delay suggests this could be a political tactic ahead of the upcoming general election, rather than a genuine push to empower women.

My first criticism is the bill’s limited scope. It reserves seats only in the Lok Sabha and in state legislative assemblies. There’s no similar provision for the Rajya Sabha or legislative councils at both central and state levels. The idea of women’s representation is straightforward. No valid reason has been offered to exclude any of these legislative bodies from the reservation policy.

My second criticism is the framing of the 33% reservation as a grand favour. Women constitute nearly half of India’s population. A 50% reservation would be more equitable and is warranted given the injustices, societal constraints and violence women have faced and will continue to face.

A committee from the Ministry of Women and Child Development echoes this sentiment. They advocate for at least 50% reservation of seats for women in local bodies, state legislative assemblies, parliament, ministerial levels and all decision-making bodies of the government. Countries like Nepal and Mexico have already set a 50% reservation for women.

Apart from allocating more seats to women in Parliament, there’s also an urgent need to disqualify men who have no business being there. Individuals with criminal records and those known for abusing women and children should be barred from public representation at all levels. Ousting such individuals would show real respect for women and uphold the integrity of our constitutional values.

A concern is that women may become political pawns for the men in their families, as often happens in local body elections in India. In these elections, 20 out of 29 states have a 50% reservation for women, while the rest reserve 33%. Women frequently serve as proxies, with their husbands making the decisions. There’s concern that this pattern could extend to Parliamentary seats.

But I agree that parliamentary seats are more closely watched than local bodies. So, if the issue of proxy representation arises, it will likely be exposed and amendments can be made.

Besides, some studies indicate that “proxy representation” is decreasing. Research also shows that the policy has still significantly boosted women’s political participation at the local level.

Affirmative action, along with skills development and leadership training programs for women, has also improved the performance of elected female leaders. These programs are offered by both government and NGOs.

Therefore, I’m not pessimistic.

However, for the policy and politics to be truly meaningful, several steps should be considered.

One, encouraging women to leave their homes for education is vital for the nation and its political landscape. Quality education serves as a potent tool for empowerment. When women gain access to this level of education, they’re more likely to acquire the skills, knowledge and self-assurance needed for political engagement. Such active participation in public life lays a robust groundwork for women to assume leadership roles in politics.

Two, I strongly believe there’s an urgent, unaddressed need to teach children about the complexities of politics, starting at the school level alongside their regular coursework. This initiative must be intentional and well-planned. Education experts should craft strategies to impart practical political knowledge to the upcoming generation. At the college and university stages, fostering societal and political awareness becomes even more crucial, particularly among women. In environments where student politics, influenced by political parties, is common, these parties should proactively encourage and prepare women for political involvement.

Three, creating a positive perception of politics and politicians within our nation is essential. Over the years, politics has gained a tarnished image, linked with corruption, financial sway and power battles. In this climate, people of all ages grow hesitant to engage in political matters. They often pin their hopes on a miraculous saviour for quick solutions, a hope that sadly remains unfulfilled.

Four, as a nation, we should think about setting up educational institutions specifically aimed at nurturing those interested in politics. These centres could offer formal training, mentorship schemes and hands-on experience in the political arena. Such efforts could legitimise politics as a viable career path, drawing in individuals genuinely keen to serve. This strategy would not only validate the political “profession” but also build confidence in aspiring entrants, thereby cultivating a cadre of leaders devoted to the principle of public service.

Five, in democratic politics, the aim is to be “representational,” ensuring voices from all communities and identities influence policy and governance. This promise extends to justice. Current law provides intersectional reservation for Scheduled Castes (SC) and Scheduled Tribes (ST), but not for the Other Backward Classes (OBC) and Muslim or Christian women. To achieve true justice in India’s reservation system, it’s crucial to implement “reservation within reservation.” This entails offering opportunities to women from marginalised communities from the outset, not as an afterthought.

Six, in a multi-party democracy like India, political parties are central to representative politics. They bear the responsibility to ensure substantial representation of women in legislative bodies, beyond just reserved seats. Given the complexities of a multi-party system dominated by financial factors, running for elections outside party structures is extremely challenging. Independent candidates often find it tough to sustain. Hence, political parties should actively engage with women, identifying, nurturing and training potential female leaders while providing them opportunities to run for office.

Seven, in a setting where men have historically wielded power and resist being governed by others, there’s a risk of women being used as pawns, even within the framework of the Women’s Reservation Bill. To tackle this issue, oversight mechanisms should be established to monitor the appropriate use of women’s quota seats. A supervisory body, akin to the Election Commission of India, could play a vital role in overseeing candidate selection and preventing instances where nominees are merely extensions of political dynasties. Such a body should put mechanisms in place to avert these situations.

Eight, India’s electoral process is heavily influenced by money and physical power. The incumbent party is among the world’s largest and wealthiest political organisations. In a system where electoral success often hinges on financial resources, both women and men with genuine leadership aspirations but limited means find it hard to engage in democratic politics. Addressing this issue could revolutionise the country’s political landscape, making it genuinely competitive. Achieving inclusivity and proportional representation from diverse communities necessitates detaching elections from financial influence. Such a shift would substantially aid in building a strong and fair political system in the nation.

By considering these steps, we can make the Women’s Reservation Bill more effective and create a truly representative political system.

But I can’t help but wonder how many years will pass before these changes become a reality.

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