Source - The Times of India

Introduction

• The Women’s Reservation Bill (Bill) or the Nari Shakti Vandan Adhiniyam, which was a long overdue act in the march towards justice and equality has been cleared by both the houses of the Parliament.
• The is a historic legislation which will further boost women empowerment and will enable even greater participation of women in our political process.

Background

• In 1996, the bill was first introduced but it had lapsed with the dissolution of the Lok Sabha.
• In 1998, the bill was reintroduced but again it lapsed.
• From 1999 to 2003, the NDA Government tabled the Bill on 3 occasions but failed.
• In 2004, the bill was included in the Common Minimum Programme of the UPA government.
• In 2008, the bill was introduced in the Rajya Sabha by the UPA government.
• In 2010, the Bill was passed in the Rajya Sabha and was sent to Lok Sabha for ratification, but it lapsed after the dissolution of the 15th Lok Sabha (2009-14).
• Since then, the demand for reservation for women in legislative bodies is not new.

Timeline of the Bill

• The Constitution (One Hundred and Twenty-eight Amendment) Bill 2023 which proposes to reserve one-third of all seats for women in the Lok Sabha, the state legislatures, and the Delhi legislative assembly was introduced in the Lok Sabha by Union Law Minister Arjun Ram Meghwal on 19th September 2023.
• The bill was passed by the Lok Sabha on 20th September 2023 and thereafter it was introduced in the Rajya Sabha.
• The Rajya Sabha unanimously passed the Bill on 21st September 2023.

Legal Provisions

Key Highlights of the Bill

• The Bill seeks to introduce 33 percent reservation for women in the Lower House of Parliament, the state legislatures, and the Delhi legislative assembly.
• The bill is proposed to be enforced only after an exercise of delimitation is undertaken following the first census conducted after its enactment.
• This will also apply to the seats reserved for SCs and STs in Lok Sabha and states legislatures.
• The reservation will be provided for a period of 15 years. However, it shall continue till such a date as determined by a law made by Parliament.
• Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.
• This bill will provide for the insertion of three new articles in the Constitution of India, 1950 (COI), namely Articles 330A, 332A, and 334A.
• The bill proposes an amendment to Article 239AA of COI. Article 239AA deals with the Special provisions with respect to Delhi.

Key Changes Between 2008 Bill and 2023 Bill

Status of Women Representation in India

• The Constitutional 73^rd and 74^th amendment Acts of years 1992 and 1993 mandated the reservation of one-third of seats for women in Panchayati Raj institutions and offices of the chairperson at all levels of Panchayati Raj institutions, and in urban local bodies respectively.
• The Standing Committee on Personnel, Public Grievances, Law and Justice (2009) had noted that reservation of seats for women in local bodies has enabled them to make meaningful contributions.
• Women participate substantively in the Panchayati Raj Institutions and municipal bodies but their representation in State Legislatures and Parliament is limited.
• 15% of the total members of the Lok Sabha are women and 9% of the total members in State legislative assemblies are women.
• As per the Global Gender Gap Report, 2023, India has made strides in political empowerment, achieving 25.3% parity in this domain.

Status of Women Representation in Other Countries

• The country with the highest representation of women in Parliament in the world is Rwanda with 61% parliamentarians.
• The top three countries in women representation are Rwanda (61%), Cuba (53%), Nicaragua (52%).
• In many parts of Europe, women have close to 50% representation in Parliament.
• In case of women representation, even Bangladesh (21%) and Pakistan (20%) are way ahead of India.
• In 2003, Norway implemented a quota system through a legislation that required 40% of seats on corporate boards to be occupied by women.

Purpose of the Bill

This bill seeks to serve the following purposes:

• Address the issue of underrepresentation of women in the political system.
• Promotion of Women Empowerment
• Elimination of gender discrimination
• Increase the policy making horizons
• Promote women’s right to self-representation and self-determination

Limitation of the Bill

• Lack of merit-based competition
• Constituency representation can be affected
• Unprivileged and marginalized group of women may be left behind
• Educated and Qualified men may lose political opportunities
• Elected women can act as a puppet and real power may be enjoyed by the male members.
• Lack of reservation for Other Backward Classed (OBC) women.
• The delimitation process can cause delay in the enactment of the Bill.

Conclusion

• This bill is historic move in our nation’s democratic journey as it provides for stronger representation and empowerment for the women of India and ensures the voices of the citizens are heard even more effectively.
• This is not merely a legislation but is tribute to the countless women who have made our nation.