Women Reservation Bill

News
1. Movie The Great Indian Kitchen
2. Nigerian Writer : Chimamanda Nagzi Adiche
3. This Year Nobel Peace Prize was Awarded to Nargis Mohammedi - Jailed Iranian Activist
  
  Prize was awarded to fight oppression in Iran and promote human rights. Slogan - Zan Zindagi Aazadi
4. Goldens Research on “Female Labour Force Participation”
5. First Law in the New Parliament with a Special Session - Naari Shakti Vandan Adhiniyam
6. 30th Years of 73rd & 74th CAA
Quotes
1. Dr B R Ambedkar → I measure the progress of a community by the degree of progress which women have achieved
2. In All India Congress Women Conference, Gandhi Ji said → When Women whom we call, Abala, becomes Sabla, All those helpless will become powerful
Data / Reports
1. Total 15% of Lok Sabha MP’s are Women in 1950’s it was 4.5%
2. According to IPU - Acc to Inter Parliamentary Union Data - Its an International Organisation of Sovereign Countries Parliament as per its ranking, India ranks 148 out of 193 countries in terms of women representation and as per the IPO data the global average of Women Representation is 26.5%
  
  Hence we are less than the Global Average
3. As Per UN Women Data - Rwanda has 61%, Bangladesh 21% and Pakistan 20% women representation in parliament
4. As per data by PRS, in SLA highest is Chhattisgarh with 18% and in Mizoram No One (but Now 3)
  
  In Puducherry a Women Resigned stating Gender and Caste Barrier. There is Inter Sectionality of Gender and Caste
5. No of Women
  
  Total Women MP : 82
  
  Total Women in SLA : 740
6. Women Voter Participation in 1962 was 46%. It is 67.2% now in 2019
7. Bihar became the first state in the country to provide 50% reservation in local body election and recently more than 20 states provdie 50% reservation for women in pachayats
8. Global Gender Gap Report : Based on 4 Dimensions
  
  Total : 146
  
  | Indicator | 2022 Data | 2023 Data | | --- | --- | --- | | Indian Rank | 135 | 127 | | Economic Participation | 143 | 142 | | Political Empowerment | 48 | 59 | | Health & Sruvival | 142 | 146 | | Educational Attainment | 107 | 26 |
9. Piplanli Rajasthan Village
  1. Celebrates Birth of Every Girl Child by Planting 111 trees
  2. They Ensure Financial Security of Girl Child by way of collective contribution and put it as a Fixed Deposit which can be broken once she turns 20
  3. Parents have to sign an Affidavit which restricts them from Marrying before Legal Age of Marriage
    
    It has role of security, finance and eco feminism
Theoretical Premise
- IWA - Indian Women’s Association
  - Phase 1 - Phase of Nationalist Movement & Early Years of Post Independence
    1. Mobilisation fro Freedom Struggle & Independence Movement
    2. Fighting against Social Evils like Sati, Child Marriage & Promoting Women Education
    3. This period subsumed larger nationalist movement
  - Phase 2 - Period of 1970’s - 1990’s
    1. Characteristics of this period was mainly by the educated, middle and upper middle class and urban women
    2. This phase started focusing on practical gender interesr (livelihood security, wage inequality, rights inhertiance, marriage inheritance) debates to more strategic gender interest issues (violence against women, sexual harrasment issues, dowry death, protection against domestic violence)
    3. Major Incidents : Mathura Rape Case → Rape of a Tribal Girl
      
      Legal Reforms
      1. Criminal Law Amendment Act of 1983
      2. MTP Act 1971 (Medical Termination of Pregnancy)
  - Phase 3 → After 1990’s Period of Neo Liberalisation
    1. State Led Feminsim
      1. Govt Initiated Women Development Programs
      2. National Commission For Women 1990
      3. Reservation for Women 73 & 74th CAA
      4. SHG - Govt Supported Self Help Group
    2. NGO’isation of Feminsim
      1. Features of Grass Root Movements Earlier → Shifted to
        
        Institionalisation
        
        Example : NAz Foundation
        
        Professionalisation
        
        Professional Management of NGO;s
        
        Depolitisation
        
        Because of Organised Professionalism. It was more project based moments
        
        Demobilisation
        
        All the three above culminated to Demobilisation
  - Phase 4 → Present Phase Spontaneous Movements
    1. Example Nirbaya Case, because of Influence of Online and Social Media Feminism
    2. Women are now empowered, talking about their rights and taboos that were hithertho undiscussed.
  - Phase 5 → State Led Initiative
    1. Initiative of Providing Womens Reservation by giving 1/3rd legislation in Lok Sabha and State Legislative Assemblies
- Political Representation
  
  Its a long journey, there was a long political reluctance. as per scholar, Hannah Pitkin. There are two types of representation, there are two types of reservation
  
  Descriptive Representation
  
  A person representing the demography of the place he is being elected to
  
  Substantive Representation
  
  The Effectiveness of the representation. How will the representative advocate the interest need and policy preferences of their constituencies. A rich wealthy individual getting selected and then that rich rep is working for the interest of the poor
  
  Best is Both : Combination of Both Descriptive Representation and Substantive
  
  During CA Debates, Noted Freedom Fighter Renuka Ray, said that, we always held that men who have fought and struggled for their conuntries freedom came to power, the rights and liberties of the women too will be guaranteed → It was said by Substantive Representation
  
  Jane Manobredge talked about three things, Participation, Deleberation & Legitimate Coercion
  
  If there is less participation, it will lead to less tranformative deleberation (dialouge, discussion), it will lead to coercion
  
  More Participation, More Deliberation, More Acceptance of a Policy
- Empowerement
  
  | Power To | Power With | Power Within | | --- | --- | --- | | Individual Agency, Ability of Women to Control Different Aspects of their Life
  
  For Ex : Decision Making | Power of Collective Bargaining, Group of Women come together protect their interest | Inner Transformation, Self Confidence and her ability to challenege the Social Norms & Question the Status Quo |
Constitutional Aspects
1. Part 3 - FR
2. DPSP - Equal Pay for Equal Work, Equality and Economic Empowerement
3. Art 326 - Political Equality - Rt to Vote
4. Judiciary - Triple Talak Verdict
SC Case
1. Vineeta Sharma Cases, 2020
  
  SC held that daughters possess coparecenery or ancestral porperty rights from the birth at par with son.
  
  From feminist Jurisprudence this case is Significant because addressed at power imbalance routed in the historical discrimination of women. Ensure Socio Economic Justice
2. Babeeta Puniya
  
  Women Officers in the Army should be entitled to Permanent Commission. with this judgement it was another landmark, SC challeneged traditional gender roles that excluded women from certain type of jobs and roles
WR → Timeline
1. Constitutent Assembly Debated but didnt support reservation fro women
2. Renuka Rai argued that Reservation would be an impediment to our growth and an Insult to our very intelligence and capacity
3. Committee on the Status of Women, 1971 reccomended reservation for women.
4. 74 & 74 Reservation Act 1992
5. 1996 - Women Reservation Bill
6. 2010 - Women Reservation Bill
WRA 2023 - Key Points / Provisions

NSVA, 2023
1. Reservation in Lok Sabha inserted Art 330A which gave 1/3rd women reservation in Lok Sabha
  
  Reservaton in SLA 332A
2. This bill also amended 239AA(2)(b) was amended and incorporated reservation in delhi
3. Reservation of women from SC & ST Categories - reservation fro women already there, out of that 1/3rd for women under 334 A
4. It will commence, after the next census and after the census there will be delimitation based on which the seats will be given
5. Seats / constituency reserved for women will be rotated after every census
6. Duration : initially it will be for 15 years and then as the parliament decides
Positives (can be used in 73rd & 74th CAA)
1. Enhanced Gender Equality and Gender Representation
2. As per studies by scholars, Nirja Gopal Jayal et al. Their study says that Elected Women Representatives, asserted their presence, inspite of interference from male family members
  
  Contraty to Idea of Panchayat Pati, Inspite of Interfeence from Male Family Members
3. A Women MP once said → Parliament is like a all a male club and i feel like a unwanted intruder
4. This will lead to increased voice in governance & economic benifits. As per national bureau of economic research paper, there was a strong connection between implementation of political reservation and small scale entrepreneurship amongst women.
  
  This will also lead to more gender budgeting, and could reuslt in more inclusive growth
  
  As Per Study in 2018, Why Women in Legislation Matter, It says that Women Legislators rise economic performance by 1.7% age points per year
  
  They will act as Catalysts of Social Change
  
  Even During Covid Crisis UN Women - United Nations Equity for Gender Eqaulity Women Heads of Govt in New Zealand, Finland, Germany, Ethiopia etc
  
  COVID was kind of one of a Pandemic. Efforts of Leaders helped in Flattening the Curve. women have less and low criminal charges
Challenges
1. The present bill is not reservation in Rajya Sabha and State Legislative Council, where as RS has less representation like only 13%
2. Implementation Challenges - Linked to Census and Delimitation → It is not imeediate, it is contingent on two processes
3. Practical Difficulties in Identification and Designation of a consittuency as women constituency
4. There is a Demand for Sub Quotas for OBC
5. Concern for Proxy Representation → Panchayat Pati, In MP husbands of elected women took oath.
  
  Male will give their constituency to only → Biwi, Beti or Bahu
6. The Incentive to Nurture the Constituency and be Accountable to their Constituencies will come down.
7. Political Barriers: Support from Family & Election Work
8. Internal Reluctance: Political Parties are Reluctant to introduce any kind of Internal Quota. Gill Quota talks about this only
9. Demand for Sub Categorisation within Women Reservation for Minorities, OBC and all
Views
1. in the Book scholars like “The Power of Political Voice”
  
  Two Effects of Political Representation
  1. Reporting Channel
    
    Women in Position, they will be more willing to report more women related issues
  2. Recording Effect
    
    Efficient Response from the Authorities
  3. Noble Laureate Esther Duflo and R Chatopadhyay
    
    Gender of Village Council President or Increased Female Political Representation led to more investment in Drinking Water and Investment in Roads and Infrastructure relevant for the needs of the Rural Women.
  4. Performing Representation Women Numbers in Indian Parliament by Shirin M Rai - We need more women as collective mass and collective actors
Other Steps
1. Government Schemes or Policies to Empower Women : Jal Jeevan Mission, Ujjwala Mission
2. Convention on the Elimination of All forms of Discrimination Against Women → It is considered as a Interantional Bll of rights for women → it upholds womens right to hold political and public office
3. SDG 5
4. Gill Formula - Election Commission should make it mandatory for recognised political parties to field a minimum agreed women in elections both in general and state assemblies
Global Data and Statistics
1. Rwanada 61%
2. Norway, Sweden, South Africa - > 45%
Way Forward
1. Comprehensive Capacity Building
2. Descriptive and Substantive Representation
3. Intersectionality
4. Role of Political Parties
Extra

Gender Budgeting

period poverty

capturing the street backs

discussion of womens entry to temples

transgender case - miniscule minority rights needs to be protected, word used by supreme court

gender contingum - No more binary society

jerry senfell
Question

Question 1 : Examine the Implications of Increased Women Reservation in Legislative Bodies in India. Do you believe it would fundamentally alter, the policy making and representation. Substantiate your answers with relevant examples

Answer Framework
1. Constitutional Amendment 73rd and 74th - Gave 1/3 Reservation to Women
2. Positive Impacts →
  1. Impact on Representation - Descriptive & Substantive Representation → Local Bodies has 40% reservation for women
  2. Policy Making
  3. Impact of
Question 2 : The reservation of seats for women in the institution of local self government has had a limited impact on the patriarchal character of Indian Political Process. Comment