Do We Need Women Reservation Bill?
This article was
written by Deepika, Legal Associate at
24X7 Nyaya edited by Abhishek.
Introduction:
-
Reservation
policies are not a recent development. The issue of reservations for SC, ST,
and OBC has come up on occasion from a number of particular groups. These
groups believe that by obtaining reservations, they will be able to obtain
representation for their class, but it is important to understand that
reservations and representation are two distinct phenomena. Many people don't
understand the significance of reservation and representation. Just having a
reservation does not guarantee that your voice will be heard. The Women
Reservation Bill and its potential to empower women in this country are the
main topics of the current debate.
Women's
empowerment grants them the freedom to make choices, improves their capacity
for participation, improves their output in their particular sectors, and
supports their growth. People believe that reservation is vital for women's
empowerment because it provides them the opportunity to participate in the
creation of policies that benefit women.
Women
Reservation Bill: -
The
108th Constitutional Amendment Bill (2008), which the parliament introduced,
called for reserving one-third of all seats in the Lok Sabha and state
legislative assemblies for women. The
authority specified by Parliament shall decide how the reserved seats will be
distributed. In addition, it is suggested in the Bill that women from Scheduled
Castes and Scheduled Tribes be given priority for one-third of the seats in the
Lok Sabha that are designated as being reserved for such groups. Rotational
allocation of reserved seats is an option for several state or union territory
constituencies. However, 15 years from the start of this Amendment Act, the
seat reservation for women will terminate.
Giving
women the right to participate in political activities and the right to ensure
a position in politics was the principal goal of the bill's authors. But this
notion is not brand-new. The 73rd amendment to the Indian Constitution, passed
in 1993, mandated that one-third (chosen at random) of village council head
positions be reserved for women and increased the administrative and
decision-making capacity of elected village Gram Panchayats. With the exception
of UP, most major states now rotate 33% of their Gram Panchayat Pradhan seats
for women each election cycle. Many local government bodies and councils
reserve a sizeable portion of seats for women, including Delhi, Calcutta, and
the entire state of Kerala, which has a 50% quota.
It
is true that empowering women and ensuring their full inclusion in all aspects
of society—including participation in decision-making and access to power—are
essential for the realization of equality, development, and peace. However, it
is crucial to consider whether "reservation" is the only way to
guarantee equal participation of women in every aspect for the development of
the country.
While highlighting the importance of affirmative action for improving the status of women, the legislators believed that increasing women's empowerment and advancement would be possible with their full participation and the implementation of gender-sensitive policies and programs, including development policies and programmed at all levels.
Opposition
View: -
The
opposition, on the other hand, asserts that the reservation strategy would
undermine the merit-based selection policy, which would encourage corrupt
actions. However, there is one positive possibility that could be seen in the
Women Reservation, namely Women-friendly Personnel Policies. It could also be
interesting to have some reservation in the political parties, or dual member
constituencies, which could give voters the right to vote for the eligible female
candidate/s.
The
fight for political rights by women's organizations has lasted the longest in
independent India's history since successive governments have repeatedly put
off passing the proposed constitution amendment bill since 1996. And because the
Lok Sabha has not yet accepted the Bill, passing it remains difficult.
The
Concept of Equal Participation: Impact of Political Participation on the Women
Empowerment: -
The
Women Reservation Bill was inspired by the idea of equal political participation;
however, will equal rights for women to participate in politics and political
institutions be guaranteed even if the Bill is passed?
Women
or their thoughts may not be accepted just because there are women in positions
of authority. We must ensure that women are represented; simple reservations
won't do. It ought to be able to end the rising segregation and inequality.
According
to data from the World Bank, women made up 12% of the national legislature in
India in 2015, compared to 28%, 20%, 27%, and 21% respectively in Afghanistan,
Bangladesh, Iraq, and Pakistan.
Conclusion:
-
The
Women's Reservation Bill may be advantageous if the reservation policy is
designed in accordance with the socioeconomic development, geography, culture,
education, and type of political development, as the socioeconomic status of
women in society directly affects their participation in politics.
Additionally, reducing poverty may be a link to increasing women's political
engagement, so it is important to reevaluate our approach to labor and
industrial law. Women's economic empowerment and financial independence may
increase their access to education and knowledge, enabling them to think beyond
the confines of the home and participate fully in politics and political elections.
As
part of their fundamental right to participate in political life, women must
have equal access to authority and decision-making with males. Recognition and
representation are therefore more important than reservations for the
empowerment of women. It is important to guarantee widespread participation,
such as in local electoral bodies, as this will help people feel more confident
and enable them to share their experiences. Additionally, there is a need for
new methods of thinking and behaving, educational initiatives, studies on the
situation of women, and channels of communication among women's organizations.
By creating a society around a paradigm that reflects their values, advantages,
and goals, we can increase people's interest in and engagement in political
processes. The emergence of political, institutional, and financial guarantees
can support women's candidacies to ensure the equal participation of female
nominees in electoral campaigns. For that reason, the Women Reservation Bill is
unquestionably necessary to enhance the opportunity, not just to improve the
data regarding women's participation in politics.
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