Women's Reservation Bill: Some Emerging Issues

Author(s): S. Irudaya Rajan and J. Retnakumar

Source: Economic and Political Weekly, Vol. 40, No. 39 (Sep. 24-30, 2005), pp. 4190-4192
Published by: Economic and Political Weekly
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 Women's Reservation Bill
growth through strong family limitation.
If the proposed numberof seats were likely
to be based on the size of the population,
the states which were successful in con-
Some Emerging Issues trolling theirpopulation growth rates would
be punished. Moreover, a delimitation
The UPA government has suggested a new bill to increase the commission is currently working on to
make population size equal as far as
number of seats in the Lok Sabha and state legislatures and reserve
possible in constituencies within each state,
33 per cent of them for women. One point that emerges clearly based on the 2001 census population fig-
from the debate is that neither the political parties nor the ures. Since the present delimitation exer-
government are clear on certain important issues, including how cise is not aimed to bring about inter-state
many seats will be added and on what basis. Increasing the parity, the population disparities in con-
number of seats in the Lok Sabha by amending the Constitution stituencies among the states will continue
to exist in the years ahead. Even within
would go against the spirit of the 91st amendment and the
the states, those districts, which registered
National Population Policy, 2000 that freezes the expansion the lowest fertility and reduced population
of seats until 2026. growth will lose a substantial number of
seats on account of delimitation activities
S IRUDAYA RAJAN, J RETNAKUMAR bill highlighted that there would not be less to other districts that could not do well.
than one-third of seats reserved for women For example in Kerala, the south central
he United Progressive Alliance in the Lok Sabha and legislative assem- districts of the state would lose seven seats
(UPA) government has recently blies for an indefinite period. These con- while north districts would gain the same
decided to float a new bill to in- stituencies rte-ived for women would be number of assembly seats in the next
crease the number of seats and reserve 33obtained by a "draw of lots", to ensure that election. Malappuram would get four and
per cent of them for women in both the a new set of constituencies would be Kozhikode, Kannur and Palakkad would
Lok Sabha and state legislatures. It was declared as reserved for women candi- get one additional seat each. On the other
decided to introduce this bill in the next dates, once in every three consecutive
hand, Alappuzha and Pathanamthitta would
parliamentary session, according to general elections. Also, it ensured a par-
lose two seats each while Kottayam, Thrissur
Shiv Raj Patil, the union minister for home allel reservation within the quota, reserv-
and Kollam would lose one seat each. As
affairs. If both the BJP and Left parties ing one-third of the seats for SC/ST women of now, the commission has already com-
reach a consensus on the issue, for they candidates. The bill left out the reservation
pleted delimitation activities in Goa, Pondi-
could get a two-thirds majority to amend for women in the Rajya Sabha, legislative cherry, Tripura and Mizoram and the exer-
the Constitution, neither Lalu Prasad nor councils and union territories. After an cise is progressing in the rest of the states.
Mulayam Singh Yadav's groups will be intense debate on the issue, Parliament
able to prevent the UPA from reserving could not pass this bill and kept it in
Lack of Clarity
33 per cent seats for women candidates in abeyance on account of various reasons
the Lok Sabha. In this context, if the gov- including the lack of strapping political However, the one point that emerges
ernment proposes to increase the number will, demands relating to caste and reli- very clearly from the debate is that neither
of seats, the total strength of the house will gious reservations, prevalence of money any of the political parties nor the govern-
increase from 543 to 722 (excluding two and muscle power in politics, etc. ment are clear on certain important issues:
Anglo-Indian members). It was decided to The 42nd Constitutional Amendment Act Firstly, how many seats will be increased
reserve the increased 179 seats for women (1976) brought about far-reaching conse- and on what basis? For instance, the new
candidates. The Congress and BJP are in quences on the expansion of Lok Sabha draft of the women's reservation bill pre-
favour of increasing the number of seats, seats. By Articles 81(3) and 170 (2), the pared by the union home minister, Sumitra
whereas CPM is in favour of introducing amendment allocated the population to Mahajan (BJP) suggests that, the seats
the bill in its original (1996) form. each constituency according to the 1971 would be raised to 800 plus in Parliament
The introduction of the women's repre- census population and deferred further the to provide reservation for women
sentation bill is a logical culmination of delimitation as well as allotment of seats ('Women's Bill: Left, BJP Criticise UPA
the experience of a similar reservation of 33 among the states till 2001 census. Again, Proposal', The Hindu, Chennai, July 26,
per cent in panchayats and nagar palikas, the 91st amendment of the Constitution 2005). In the same vein, after the meeting
which has ushered in one million women (2000) extended the freeze on the expan-
of ministers with select political party lead-
in Indian political life at the grassroots sion of seats to the Lok Sabha and Rajya ers to evolve a consensus on the issue, the
[Geetha 2004]. For this, the government Sabha till 2026. BJP deputy leader in Rajya Sabha, Sushma
introduced 73rd and 74th amendment of These amendments were made mainly Swaraj, said that the government proposed
the Constitution in 1992. Following these in response to fears expressed by southern to increase the strength of the Lok Sabha
footsteps, the women's reservation bill states, who felt that enhancing the seats to 900 and the total seats in the state
was drafted and introduced (on Septem- in Parliament might lead to the loss of assemblies from around 6,000 to 9,000
ber 13,1996) during the H D Deve Gowda some of their representation in the Lok ('Bid to Break Deadlock on Women's Bill',
(United Front Government) regime. The Sabha, as they had contained population The Hindu, Chennai, August 6, 2005). If

4190 Economic and Political Weekly September 24, 2005

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the seats were allowed to increase based seats of 33 per cent of 543 seats, the total
is 8.2 per cent, according to the latest census.
on the 1971 population, the total memberssize of the house would become 722. To maintain parity in SC/ST representa-
in the house would be 595 in 1991 and Although this provides reservation for tion, the reserved seats for both SC should
631 in 2001 [McMillan 2000:1274]. This increase to 88 (from 79) and ST should
women in one-third constituencies, in real
increase should not be sufficient to pro- terms, the quota would be 24 per cent ( 179 increase to 45 (from 41). In a nutshell, 13
vide 33 per cent reservation for women. out of 722). This resolution will not fulfil more seats have to be reserved for SC/ST
Our quick analysis indicates that the av- the criterion for 33 per cent reservation, candidates for maintaining the parity of
erage population per constituency was unless few more women candidates are these communities. Creating new seats for
10.44 lakh in 1971 and if we use the same elected from the rest of the constituencies. women candidates, without providing
number of constituencies, each constitu-This would be a severe setback and adequate representation for the SC/ST
ency currently has 19.34 lakh in 2001 -demoralise the advocates of women's population, could be contravening the basic
almost double the figure in 30 years.representation who have waged a decade- principle of representation specified in the
Moreover, the political intentions of theold struggle for adequate representation. Indian Constitution. Besides this, the
UPA government are not very clear since Sixthly, a major concern is how the Constitution specifies only the SC, ST and
the expansion of Parliament seats havedemographically successful south Indian Anglo-Indian community as weaker sec-
been frozen till 2026. Certainly, womenstates are going to react to this move.tions The and they should be adequately rep-
are one of the most important segments of91st amendment of the Constitution was resented in the Lok Sabha. If they demand
our population and need adequate repre-introduced in Parliament partially because a proportionate increase in their seats, can
sentation in the house to enhance their of the pressure from southern MPs to avoid the government deny it? However, there
empowerment and reduce the gender gap a possible north-south divide and also to is a strong argument that only a system of
maintain the federal balance. Again, if reservation would increase the number of
in socio-economic and political activities.
seats have to be increased, the proportion women representatives and help to broaden
of seats in the north would go up tremen- the base of women's representation in the
Impractical Proposals
dously on account of the sheer population legislative bodies [Geetha 2004].
Secondly, if the UPA government wants base. Seventhly, if the issue of women's Different solutions have been offered
representation is mishandled, it will be to settle the controversial issue of women's
to increase the number of seats, they have
to amend the Constitution and this would impossible to refute the demands ofreservation. One solution could be that
be against the sprit of the 91 st amendment.SC/ST representation. Article 330 of the instead of reserving constituencies exclu-
Thirdly, it could also go against the ob-Constitution says that reservation of the sively for women, the Representation of
jectives and statement of the National number of seats for SC/ST constituencies the Peoples Act (1951) should be amended
Population Policy (NPP) of 2000 to freezewill be on the basis of the population to make it mandatory for every recognised
the expansion of seats till 2026 as articu- percentage of the communities. At the time political party to nominate women candi-
lated by the ministry of health and familyof the framing of the Constitution, the dates for election in one-third of the
welfare. The NPP recommended the freeze reservation of seats for SC/ST was in- constituencies [Narayan et al 2000]. A
as a motivational measure, in order to cluded as an equity measure. When the majority of the political parties may be in
enable state governments to fearlessly andconstituent assembly considered granting favour of this amendment. However, this
effectively pursue the agenda of popula-reservation for women in Parliament,is not going to solve the entire issue of
tion stabilisation [Go1 2000:11]. Fourthly,women argued against it claiming that they women's representation, unless there is a
the main obstacle in front of the UPA could stand on their own feet and reser- consensus among political parties on the
government will be finding a suitable vation would be a hand-out and would not constituencies where the women candi-
formula to distribute the enhanced seats promote equality [Geetha 2004]. Later on, dates are contesting. Even if each political
and so far no consensus has been reached. the champions of women's representation party fixes one-third of its seats for women,
The BJP made its stand very clear, thatrealised that the presence of more women the probability of women candidates
apart from a quota, any other formulationin the house would help to accelerate the winning the contest will determine their
including the Election Commission's for-rate and direct the type of changes in the 33 per cent reservation. This again goes
mula that all political parties amend theirposition of women. back to the issue of fixing certain seats for
constitutions to reserve 33 per cent of The decadal growth rate of the national women candidates in the elections.
tickets for women candidates was accept-population was 21.34 per cent during 199 1- Another suggestion would be to conver
able. If the government goes by a proper2001 according to the 2001 census. On the all the constituencies into dual member
delimitation process, it would not beother hand, the SC population grew by constituencies, thus facilitating greater
possible to complete the process before the 20.6 per cent compared to 24.5 per cent representation of groups without disrupt-
next general elections. The work carriedgrowth of ST. Though the decadal growth ing the present balance among different
out by the present delimitation commis- of the SC population is slightly lower, the states [Chhabra 2000]. This suggestion,
sion would become a futile exercise. A average growth of the SC/ST population too, is not free from limitations on account
fresh delimitation commission would have is above the national average by 1.20 of increasing logistic and accommodation
to be set up and it would take another four percentage points. In the 14th Lok Sabha, facilities for the newly created seats in
SC and ST representation in Parliament is the house.
to five years to complete the entire process.
Fifthly, how can the parity in women's 79 and41 seats respectively [Gol 2005: 53]. Therefore, we suggest two important
representation be maintained by increas-The proportion of SC in the general recommendations to overcome the issue
ing the number of seats? If we increase the population is 16.2 per cent and that of ST of women's representation. The ideal

Economic and Political Weekly September 24, 2005 4191

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solution would be to wait till 2026, when - (2005): 'India 2005: A Reference Manual', Nanivadekar, Medha (2003): 'Dual-Member
Publication Division, Research, Reference Constituencies: Resolving Deadlock on
the existing freeze on Lok Sabha constitu- and Training Division, Government of Women's Reservations', Economic and
encies will end, let the population reach India, Ministry of Information and Political Weekly, Vol 38, No 43, October 25.
a stabilising stage, only then increase the Broadcasting, Patiala House, New Delhi. Narayan,Jay Prakash, Madhu Kishwar et al (2000):
McMillan, Alistair (2000): 'Delimitation, 'Enhancing Women's Representation in the
total size of the house and fix an appro- Democracy and the End of Constitutional Legislatures: An Alternative to Govrnmnent
priate quota for all deserving sections of Freeze', Economic and Political Weekly, Bill for Women's Reservation'. Malnushi.
the population. Or, second, convert 33 per Vol 35, No 15, April 8, pp 1271-76. No 116, January-February.

cent of Lok Sabha seats (179) into double

member constituencies and elect one man
and one woman each. The suggestion of Obituary o an lncdian
dual-member constituencies may not be
perfect, but it affords a feasible alternative
for resolving the deadlock on women's
reservation [Nanivadekar 2003]. But how
'Body Bag'
will these constituencies be drawn? TheyThe story of Hatim Kathiria, the young Indian who enlisted in the
can be drawn on the basis of lots and the
US army only to be killed in Iraq, is the story of the US need for
seats can be reserved once in every three
consecutive general elections. However,"outside labour" in its army, of twisted notions ofjehadi and of
middle
this may invite all the criticisms of rotating class India's obsession with the US.
the seats [Nanivadekar 2003]. It will in-
SUMANTA BANERJEE candlelight vigils calling for an end to the
crease the total strength of the house to
722 members, and may not ensure 33 per
war in Iraq. While here is a courageous
cent reservation for women, unless 59 or t the end of August this year,mother giving voice to thousands of
more women candidates are to be elected Indian newspapers came up with grieving American families who had lost
from rest of the constituencies. So far, the their sons in an unnecessary war, our
headlines reporting the death of
maximum representation obtained byHatim Kathiria, a 23-year old Indian who Indian journalist chooses to join the
women was 49 seats in the 13th Lok Sabha had joined the US army, and was sent war-mongering
to chorus of the US main-
stream media. To be fair to him however,
elections in 1999. In order to deal with this, Iraq where he was killed in a rocket attack.
He was the second US soldier of Indian in the course of the chest-pounding,
within the quota of dual constituencies,
one-third of the constituencies should have origin to die in Iraq. In November 2003, he unwittingly provides us with some
double women representation. This will Udai Singh, a sergeant in the US army, was interesting figures. Quoting the 2000
make sure that women are adequately killed in the battle zone. Commenting US
on census, he says that there were some
represented in the house. Further, it will their death, an Indian correspondent of a
450 India-born people who were serving
not incur as much cost and other logistical leading national daily based in Washing-in the US armed forces. He guesses that
problems compared to the proposal of ton went gaga: "The death of Army the
Spe- "number may have increased signi-
doubling all the constituencies into dual- cialist Hatim Kathiria and Sergeant Uday ficantly as many recent immigrants are
member constituencies. As indicated ear- Singh, has an important subtext. One was signing up at the prospect of a quick
lier, this formula will not solve all other a Muslim and the other a Sikh, and citizenship
together even as native-born Ameri-
with
difficulties associated with increasing seats, Lt Neil Prakash, who recently re-
cans balk at enlisting".
There are at least three subtexts to this
and consensus among the political partiesturned from Iraq after winning a Silver Star
is indispensable for implementing this little piece of information. One, the man-
for courage under fire, they represent the
model. Finally, if increasing the number very best of India's secular traditions ner
at in which the US is using recruits from
a time when some countries specialise India
of seats is a decisive solution, both women in to carry out its dirty war in Iraq. Two,
and SC/ST representation can be looked exporting fundamentalist jihadis" the motivations among certain sections of
at through a single channel. M1 (Chidanand Rajghatta in The Times of Indians which lead them to join the US
India, August 29, 2005). army in its war of depredations against the
But there are other subtexts to these Iraqi people. Three, by allowing our citi-
Email: sirajan@giasmd01.vsnl.net.in
events which escape the attention of the zens to join a foreign army and serving its
References Indian correspondent, who seems to be militarist goals in a war situation (where
totally indifferent to Washington's New Delhi purports to be neutral), is not
Chhabra, Rami (2000): 'Baking a Bigger Pie: motives behind a dishonest and cruel the Indian government compromising its
Linking Women's Reservation with
Delimitation', Manushi, No 121, November-war that is using young people as cannon stated position (of not joining military
December, pp 32-35. fodders in Iraq. At around the same time operations) on the Iraq war?
Geetha, R (2004): 'Women's Representation in
when he was celebrating the heroism ofTo deal with the first, we must recall the
Indian Parliament and Legislatures',
International South Asia Forum Bulletin,
the past. The US had always been notorious
Indian soldiers in Iraq, Cindy Sheehan,
No 27, July edition. the mother of a 24-year old American
for hiring mercenaries from outside its
Gol (2000): 'National Population Policy - 2000', soldier killed in Iraq was leading a sit-in
own forces to conduct its aggressive policy
Department of Family Welfare, Ministry of
near the Texas ranch of president Bush
abroad - a military equivalent of what is
Health and Family Welfare, Government of
India, Nirman Bhavan, New Delhi. Also posing the poignant question: "Why did
being touted today as "outsourcing" in the
available at http://mohfw.nic.in my son die ?" Hundreds joined her ineconomy of globalisation. In the 1960s,

4192Economic and Political Weekly September 24, 2005

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