ABSTRACT
Aiming to bridge the gap that has been prevailing concerning the political representation of women, the 128th constitutional amendment came to reserve one-third of seats in the Lok Sabha and State Assemblies for women. Article 15(3) of the constitution has given special provisions to women and children. It has addressed women’s longstanding challenges in entering and succeeding in politics harmoniously with international commitments. Even though we have constitutional and moral merit still, this transition faces significant obstacles like family restrictions, political opposition, and social and different cultural barriers, which are solely based on patriarchal values. This paper will examine the challenges and potential implications, emphasizing the importance of collective efforts to achieve gender equality in politics. It will emphasize the women’s reservations bill, which is also known as Nari Shakti Vandan Adhiniyam.
KEYWORDS
128th amendment, women’s reservation bill 2023, political reservation, delimitation, gender representation, political participation, women empowerment.
INTRODUCTION
India, being the largest democratic country, has a significant influence on both international and democratic issues in the world. The 2024 elections exemplified an electrifying democratic spectacle by political participation, which has been a significant topic consistently. This shows how the whole nation unites despite having diverse perspectives and significantly impacts the upcoming five years, and that’s how every citizen contributes to the country. The election phase of India is not less than a significant festival as people of different communities choose their representatives, which furthermore goes and helps to make significant changes in law and the country. However, the main question that arises is whether political participation is only about representation or effective representation. Recent constitutional amendment challenges this notion, places a question concerning women’s representation, and highlights the long-felt need for gender balance within the legislative bodies over the past two decades. It underscores the importance of female leaders who will be the face for future generations and will set precedents to walk on. This amendment emphasizes the critical role of gender inclusivity in political participation.
RESEARCH METHODOLOGY
Doctrinal Analysis: Several articles and blogs, including Article 15(3) of the Indian Constitution, relevant amendments, and legislative texts related to the 128th Constitutional Amendment Bill, have been examined. The paper also reviews judicial decisions and interpretations of gender equality, reservations, and affirmative action in India.
Primary Sources: Text and debates surrounding the 128th Constitutional Amendment Bill, parliamentary proceedings, committee reports, official statements and reports from governmental bodies involved in gender equality, political representation, and legislative reforms have been analyzed.
Secondary Sources: Scholarly articles, books, and academic papers on women’s political participation in India, global perspectives on gender disparity in political representation, and the effectiveness of affirmative action measures have been broken and studied, combining international experiences with similar gender quota systems and their impact on political empowerment.
REVIEW OF LITERATURE
- PROGRESS OF WOMEN IN POLITICAL ARENA
India’s societal development has emphasized gender equality by addressing harmful customs like Sati, the Purdah system, female foeticide, and infanticide, thus emphasizing gender equality and the empowerment of women. The progress of women’s involvement in Indian politics showcases their strength and perseverance. The remarkable contributions of women in India’s fight for independence and their active role in modern politics are praiseworthy. This journey truly showcases India’s advancement in promoting a culture where women are aware of their rights, seem confident in speaking up, and are strong in standing against patriarchal traditions. We have had leaders like Sarojini Naidu, who became the first woman president of the Indian National Congress. Similarly, Kasturba Gandhi, who worked tirelessly alongside Mahatma Gandhi, played pivotal roles in promoting women’s empowerment. In the same way, in today’s political landscape, leaders like Nirmala Sitharaman and Mamata Banerjee, the Chief Minister of West Bengal, exemplify women’s strides in political leadership.
This is particularly evident in the “Pati Pradhans” phenomenon at local levels, where female candidates often serve as mere proxies for their male relatives, reducing their roles to symbolic figures rather than true representatives. As per the Ministry of Panchayati Raj, despite holding 46% of local body seats, numerous women are still controlled by male family members who make decisions for them. This shows that despite all the achievements post-independence, the patriarchal mindset continues to hamper and pose different challenges. These actions emphasize women’s ongoing fight against gender prejudices and the need for persistent efforts to advocate for real female empowerment and political independence.
- GLOBAL GENDER DISPARITY IN POLITICAL REPRESENTATION:
The data from statistics and the census shows that females make up 49.7% of the world’s population. Nevertheless, the political presence of women continues to be significantly low. The United Nations predicts that it will take another 130 years to achieve gender equality in top positions of power if current progress continues. Likewise, the UN predicts that gender equality in national legislative bodies will not be achieved until 2063. In India, where women make up 48% of the population, according to the World Bank, the disparity is stark. Women hold only 14.39% of the seats in the Lok Sabha and 10.71% in the Rajya Sabha. Since India’s independence, female representation in the Lok Sabha has grown incrementally from 4.4% in 1952 to a modest 14.39% today. This slow rate of increase, barely 10% over several decades, highlights the necessity for reserved seats for women in the decision-making processes.
The discussion about reserving seats for women in Parliament has been ongoing, highlighting the constant battle for increased female involvement in politics. Various reasons led to opposition to this bill, such as worries about marginalized populations being included, a desire for elections based on merit, and objections expressed in unclear or sexist ways.
In spite of these obstacles, the bill was approved by a majority in Parliament in 2023. The legislation approved by Parliament mainly focuses on the following issues:
(I) One-third of seats in the Lok Sabha, state legislative assemblies, and the Delhi Legislative Assembly should be allocated to women.
(II) The reservation will become valid only once the delimitation process is finished, which was initially planned for 2021 but delayed because of the COVID-19 outbreak. As a result, the reservation will not be included in the 2024 general elections.
(III) The seats in the Lok Sabha reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) will now be exclusively reserved for women belonging to SC and ST.
(IV) The reservation will be put into effect for a duration of 15 years, with the option to prolong its enforcement.
(V) Reserved seats will be changed or moved around after every delimitation process.
- HOW EFFECTIVE IS RESERVATION IN PROMOTING GENDER EQUALITY?
The effectiveness of reservation remains controversial, especially in promoting gender equality. While the Constitution lays down the principle of equality, its conservative application appears contradictory, potentially undermining the ideals it seeks to uphold. One of the major questions revolves around whether such affirmative action strategies can make a significant difference in normal society, especially for women. Critics say that reservation can only be symbolic and fail to address the underlying socio-economic inequalities that impede real growth. Consequently, debate continues over whether higher power representations can make meaningful progress in women’s lived experiences at the grassroots level.
- CONSTITUTIONAL FRAMEWORK AND CASE FOR AFFIRMATIVE ACTION
The debate surrounding the effectiveness of reservations, particularly in relation to gender equality, raises important concerns. To address these questions, it is important to explore the concept of positive discrimination, which includes policies or actions designed to provide advantages or opportunities to historically marginalized groups. Historical analysis suggests that women have faced constant discrimination, emphasizing the need for corrective measures. In this context, Article 15(3) of the Constitution becomes relevant, as it explicitly allows the state to make special provisions for women and children. This constitutional mandate is the basis for implementing policies to level the playing field and promote substantive equality. Thus, although reservation may seem contrary to the principle of equality, it is an important tool for redressing historical injustices and ensuring gender equality.
- IMPACT OF LOCAL GOVERNANCE RESERVATIONS
Analysis of historical initiatives like Constitutional Amendment Bills 73 and 74 for reservation of women in local government bodies in the PV Narasimha Rao government in 1992 shows a significant impact on women empowerment and nation-building. The resulting empowerment and participation in decision-making processes have highlighted the importance of such reservations to promote gender equality and foster inclusive growth at the grassroot level.
CASE STUDY: In Salkheda village of Madhya Pradesh’s Barwani district, village council member Anita’s journey has been marked by resilience and empowerment.
“In this small village, women faced many difficulties. Men didn’t allow them to step out. If it had not been for reservation, it would have been incredibly hard for a woman to contest elections. When I became a member, an NGO taught us how to convey our ideas to the people and bring about change”, she said.
- CHALLENGES AND OPPORTUNITIES IN FEMALE LEADERSHIP
Analyzing the impact of women in authoritative positions reveals that their leadership instills confidence in other women and fosters overall development within their communities. Empirical evidence indicates that female leaders positively influence other women, encouraging them to register complaints and engage in community development activities proactively. However, a persistent trend across Lok Sabha and state assembly proceedings shows that women legislators tend to speak less frequently, and issues concerning women are seldom raised. This underrepresentation is starkly evident during parliamentary debates, where the perspectives of female representatives are notably lacking. Even when women do participate, their numbers are insufficient to ensure their voices are adequately heard, leading to a significant gap in gender representation and advocacy in legislative processes. This disparity underscores the necessity for increased female participation and a more inclusive approach to policy-making that truly reflects the interests and needs of women.
- WOMEN’S IMPACT ON GOVERNANCE
According to recent studies, women holding legislative positions have significantly impacted economic growth and policy effectiveness. Research reveals that constituencies represented by women legislators experience an average 1.8% increase in annual GDP compared to those represented by men. Additionally, women in these roles exhibit lower involvement in corrupt practices and demonstrate stronger policy acumen, contributing to enhanced governance. These findings underscore the importance of empowering women to advocate against societal injustices without fear and foster equitable development and inclusive decision-making processes. Such empirical evidence supports ongoing efforts to promote gender equality and inclusive governance practices worldwide.
Female Pradhans at the village level have significantly changed people’s minds. They have improved the perception of women as leaders and instilled confidence in the locals about the need for education for their girl child. If we think practically, were men born with natural leadership capabilities to hold positions? Absolutely not; they acquire it by experience, knowledge, and exposure. In the same way, if women step out of their households, take responsibility, hold positions, gain experience, and are trained, they can also do wonders.
- IMPACT AND CHALLENGES RELATE TO THE BILL
After the implementation of this bill, the Lok Sabha elections in 2029 will most likely see the rise of women candidates to 181. This may not seem like a one-time solution, but it will definitely help women at different times, enabling them to overcome socioeconomic barriers and achieve empowerment. The 128th constitutional amendment, which aims to reserve one-third of seats in Lok Sabha and State Assemblies for women, is a significant step towards gender equality in Indian politics. This amendment is in line with Article 15(3) of the Constitution of India, which allows the state to make special provisions for women and children. International commitments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which India is a signatory but whose amendments have been the subject of intense constitutional debate, are also mentioned. Critics say the reservation may violate the principle of merit mechanism enshrined in the Constitution. Furthermore, questions have been raised about equality with respect to meritocracy and the democratic nature of equal opportunity for all, regardless of gender. However, advocates say such measures are necessary to right historical injustices and ensure real equality.
- CHALLENGES:
Implementing policies like these faces several challenges, one of the major ones being political resistance. If we trace the historical background, similar efforts have been made to introduce women’s reservation in politics but have encountered various opposition, especially in the political setup by the political parties. This bill has been for so long in the parliament and a major part of the debate. Some of the critics say that bills like these, which provide reservations, undermine merit and can easily lead Indian politics towards tokenism rather than some basic genuine empowerment. Other points that come up are related to the bill, which says that increased political representation can also disrupt the power dynamics of India with political parties and constituencies, and therefore, political census becomes absolutely important because that would somewhat solve these points of resistance.
Another critical challenge, while we think about implementing this bill, relates to the malpractices that can arise and how they could be prevented. The pati Pradhan phenomenon, which controls female representation, needs stringent monitoring and some mechanisms that ensure correct enforcement, which may include periodic audits, strict penalties, and some initiatives that help women to help themselves in taking action and ensuring that no malpractices take place. With this, the parties need to have a fostering and tolerant attitude towards their women representatives. They need to have some rules that control sexist comments and hate speeches towards women.
This bill also faces some logistic hurdles, including the delimitation process, which means redrawing electoral boundaries, which are important for election representation and crucial to this amendment. During the COVID-19 pandemic, the delimitation process was delayed and re-scheduled but has still not started. Another task that is crucial for the implementation of this bill is training a large number of female candidates for elections. The delimitation process has also sparked debate, especially in south India, where there are concerns regarding the representation levels due to their smaller population in contrast with northern states.
Deep-rooted patriarchal values and gender biases frequently prevent their successful interest in politics. To overcome these boundaries, supported endeavors are required, such as open mindfulness campaigns, gender sensitivity programs, and community engagement to shift public attitudes toward women in administration parts. In addition to facing legitimate and organizational obstacles, women experience noteworthy social and social obstacles. Additionally, satisfactory subsidizing is crucial for executing these policies. This incorporates financial support for preparing programs for potential women candidates, voter instruction activities, and the regulatory costs linked with delimitation and upholding compliance measures. Ensuring these assets are accessible and utilized effectively is basic for the success of these amendments.
SUGGESTIONS
To ensure that the bill is effectively working and is fully implemented, we need to pay attention to several key areas:
1. Starting from the ground level, we require comprehensive training for women at the local level, which will eventually shape the political scenario for women. Training should cover skills such as public speaking, policy formulation and implementation, understanding of general and constitutional laws, and management of public policies. These skills are crucial and effective for women’s growth in their political arena.
2. As we have seen, a lot of harassment happens with women at the workplace and in political arenas, it becomes very crucial for the government to educate them about the laws specially those that are related to women’s rights and safety. Implementing some of the safety measures in the political arena will ensure unbiased representation and protect the women from any discrimination and bias.
3. We often see that some of the policy-making agencies, NGOs, and other private sectors do not include women in their workforce, and it becomes a big barrier when a new policy is formed, and a gap exists when it comes to gaining some grassroots experience. Thus, including women in such positions will not only prepare women for leadership roles but also play a great role in engaging them in public services.
4. According to the 2023 Women, Peace and Security (WPS) Index, Denmark became the country to rank highest of Women’s Rights. So, if we engage with these countries and their policies, as with other international organizations, and learn from global experiences, it will help us to adopt the best practices from all around the world and advance women’s political empowerment. This will not only help India overcome barriers but also promote inclusivity for women in governance.
5. The running of programs won’t be enough in a country like India where financial support is still lacking for women. The government should also emphasize providing financial support to women candidates, from giving them equitable access to resources for the election campaigns to giving them some financial help, which would help them to stand up alone and fight elections between a group full of male candidates to compete on equal footing and contribute equally and effectively in the decision-making process.
These suggestions address crucial aspects of any policy-making and implementation like training, legal protection, checking policy effectiveness, international collaborations, and economic empowerment. All of these recommendations will not only help to achieve the pre-conditions of this bill but will also give a clear view of where we lack as a country, and if the loopholes are worked upon, it will surely bring some change and progress in the country.
CONCLUSION
While many amendments have been brought for the women of India, The 128th Constitutional Amendment brings a landmark transition to enhance women’s political representation in India. This amendment seems necessary as it aligns with India’s constitutional principles and international commitments. However, while we examine the ground reality, it seems difficult to implement and may face significant challenges. We need to inspect and correct different aspects of society, such as political resistance, sociocultural barriers, and financial constraints, and mostly the preconceived notions and patriarchal thoughts about women. Overcoming these obstacles will require the concern of the government, civil society, and the different political parties and leaders. Only then can amendments like these lead to real empowerment and increase women’s political participation.
RATNA MUGDHA MISHRA
SYMBIOSIS LAW SCHOOL, NOIDA