*Objective:* To ensure increased participation of women in legislative bodies
for fostering gender equality and inclusive governance. *Clarity of Purpose:* TheDraft aims to reserve a specified percentage of seats for women in parliamentary and state legislative assemblies, thereby addressing the gender disparity in political representation.
The Women ReservationDraft aims to reserve one-third of all seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs.
The rotation of seats allocated for women will be governed by parliamentary
legislation after each delimitation process. Currently, around 15% of the total
members of the 17th Lok Sabha (2019-2024) are women while in state
legislative assemblies, women on average constitute 9% of the total members.
The Convention on the Elimination of All Forms of Discrimination Against
Women, 1979 mandates the eradication of gender-based discrimination in
political and public spheres, with India being a signatory. Despite progress, the
representation of women in decision-making bodies remains relatively low,
increasing from 5% in the first Lok Sabha to 15% in the 17th Lok Sabha.
Constitutional amendments aimed at reserving seats for women in Parliament
and state legislative assemblies were proposed in 1996, 1998, 1999, and 2008.
The first three Drafts(1996, 1998, 1999) expired when their respective Lok
Sabhas dissolved. The 2008Draft was introduced in and approved by the Rajya
Sabha but also lapsed when the 15th Lok Sabha dissolved. However, in the
present case, it will require adherence to the “Triple Test” laid down by the Supreme Court. The 1996 Draft underwent examination by a Joint Committee
of Parliament, while the 2008Draft was scrutinized by the Standing Committee
on Personnel, Public Grievances, Law, and Justice. Both committees endorsed
the idea of seat reservations for women. Some of their recommendations
included: considering reservations for women from other backward classes
OBCs) at an appropriate time, implementing reservations for a 15-year period
with subsequent reviews, devising a plan for reserving seats for women in the
Rajya Sabha and state legislative councils.
Reservation for Women in Lower House:
The Draft provided for inserting Article 330A to the constitution,
which borrows from the provisions of Article 330, which provides for
reservation of seats to SCs/STs in the Lok Sabha. The Draft provided
that reserved seats for women may be allotted by rotation to different
constituencies in states or Union Territories. In the seats reserved for
SCs/STs, theDraft sought to provide one-third of the seats to be
reserved for women on rotational basis.
Reservation for Women in State Legislative Assemblies:
The Draft introduces Article 332A, which mandates the reservation of
seats for women in every state Legislative Assembly. Additionally,
one-third of the seats reserved for SCs and STs must be allocated for women, and one-third of the total seats filled through direct elections
to the Legislative Assemblies shall also be reserved for women.
There are 82 women Member of Parliaments in LS (15.2%) and 31 women in
RS(13%). While the number has increased significantly since the 1st Lok
Sabha (5%) but is still far lower than in many countries. According to recent
UN Women data, Rwanda (61%), Cuba (53%), Nicaragua (52%) are the top three
countries in women representation. Bangladesh (21%) and Pakistan (20%) as
well are ahead of India in case of female representation.
