1

Gender Quotas in Indian Politics-Challenges and Prospects.

Women‟s reservation Bill piloted in Indian Parliament since 1996 requires to be brought under the scanner to understand how breaking the ceiling and striving for representation is not an easy task. India being the largest democracy in the world, the hurdles put in to achieve better representation in elected bodies indicates the challenges faced by women in the world of power and politics. This paper critically reflects upon the need for political participation to better the status of women, transform their role to one of leadership to amplify women‟s voices at all levels. The whole issue of women empowerment is today a complex web of too many thoughts and ideologies. Moreover, globalization has presented new challenges for the realization of the goal of women‟s equality and gender justice. In such a challenging situation, women‟s reservation bill piloted in Indian Parliament since 1996 requires to be critically analyzed to understand how women in India would like to break the ceilings but constrained by the attitude of men. It is now more than a decade since the Bill has been introduced in the Indian Parliament. In 1996, all political parties arrived at a consensus that 33% reservation for women should be made in the legislature. Accordingly, as per the 81st Amendment, Bill was introduced in the Lok Sabha.The Government however, reintroduced the bill in 1997,1999,2000,2002 and 2008 but still it has not become a reality.

This paper intends to examine the entire issue of this policy as initiated by the Parliament in all its ramifications. Initial part of the paper examines the comparison of different countries pertaining to representation of women in elected bodies. This background is considered necessary to examine the Indian context in the larger picture. In the Indian context, the question that arises is related to the question of why there should be the empowerment of women and what hindered the participation of Indian women in politics after independence. The paper seeks to highlight the way the bill has traversed through a tortuous path to reach the present status. The section dealing with the pandemonium created in the Indian Parliament regarding this issue highlights the issues raised through the debate with positive and negative implications. The paper also reflects on the alternatives available to provide for gender representation and argues that the issue of gender quotas in elected bodies is the most effective way through which a woman can make a statement of equality.

I Gender Quotas and the World Scenario Twentieth century has brought about a significant change in the life of women all over the world

which influences their attitudes, values, inspiration, feelings, standards of behavior and effective participation in all walks of life. The International Labour Organisation study shows that while women represent 50% of the adult population and a third of the official labour force, they perform nearly two thirds of all working hours, receive a tenth of world‟s income and own less than one percent of world property. Reservation for women is often considered the most effective strategy to increase women‟s participation in the leadership of political parties and in the public elections.It is a sociological concept bringing about social reengineering to make democracy inclusive.Positive discrimination is one of the finest discoveries of democracy to create equality of opportunity for the deprived sections of society. In this context there are many developments in developed and developing countries which is positive.Sweden,Denmark,Iceland,Finland and Norway have around 30% of ministerial positions held by women.Even in South Africa, 40% of ministers are women.Scandinavian countries have the highest % of women ministers at 48.4% followed by the Americans at 21.4% and the sub-Saharan Africa at 20.4%.The representation of women in legislatures has also been increasing.The reason for this is due to gender quotas or reservation of seats in the legislature.In Iraq and Afghanistan also women representatives have

2

increased by around 25% due to quotas.In Rwanda women are 49% in the lower house,which is higher than US and other European nations. Quota in political parties is very common but some countries also have established a constitutional quota for women candidates. (See Table 1)

Table – 1 Countrywise Data on Political Representation of Women

Country

% of elected women

Quota in Parliament

Quota in

Political Parties

Sweden 47(2006) No Yes

Argentina 40(2007) Yes yes

Norway 36(2005) No Yes

Canada 24(2006) No Yes

Pakistan 21(2008) Yes No

United Kingdom 20(2005) No yes

France 18(2007) No Yes

U.S.A 17(2006) No No

Sri Lanka 6(2004) No No

Sources: Global database of quotas for women, International IDEA and Stockholm University and Inter Parliamentary Union [http://www.in.org/wmne/classify.htm]

In the Table -1, it is shown that reservation for women as a statutory policy is provided in very few countries but quotas are provided for women in the political parties. In U.S.A however, which is known as a liberal democracy, there is neither quota in the legislature nor in the political parties.Sweden does not have any reservation of seats for women but its political parties have a voluntary norm under which 50% of their candidates are women. So women are represented in a high percentage in their Parliament. Among Islamic countries of the world, Pakistan has 22.2% while Bangladesh has 10.3% women legislators. However, the overall representation at the world level, is only 10% of the parliamentary positions and 6% of the Cabinet ministerial positions are occupied by women.1. Only a few countries have crossed 30% representation of women in the Parliament.”2 (See Figure1).In some countries like Canada,Germany,Iceland Nigeria,the Phillipines,Russia and Spain women have their own political parties.3This has benefited Iceland,Spain and Germany which are ranked 4th,5th and 6th respectively in the Global Gender Report 2006.But the women‟s organizations are pro-active in these countries unlike countries like Russia and Nigeria wherein the political representation has not undergone drastic change due to the low profile of women‟s organizations.4 Many countries like Poland have rejected the quota system whereas countries like India,US,Sri Lanka,Guatemala,Namibia etc are still debating the feasibility of adopting gender quotas.5

3

Figure-1

Source:Dr.Rakesh Singh,Women‟s Reservation(Constitutional Amendment ) Bill,Women‟s Link,Vol.16,No.2,p.29.

Figure-1 is just representative of few countries, Out of 189 countries only 18 have depicted more than 30% of women representatives in their legislatures.30 countries provided representation for women between 20 to 30%,64 countries between 10 to 20%and the remaining less than 10%.Among them India is ranked 104 with its low representation in the Parliament.6

Table-2

Total Number of Women Parliamentarians in the World-2009

Total available data 44,655 Total representation 44,320 Total number of men 36,148 Total number of women 8,172 % of women 18.4%

Source : Veenadevi, Karnataka Journal of Politics, Issue No 11,Vol.I,December 2009,p.187.

56.3

46.4 44.5 43.2 42

32.827.3

22.1 21.3 21.3 19.5 18 16.8 14 10.8

33.227.3

22.2

Rw

and

a

Swed

en

Sou

th A

fric

a

Cu

ba

Net

her

lan

ds

Ger

man

y

Au

stra

lia

Can

ada

Ch

ina

Ital

y

UK

Ind

on

esia

USA

Ru

ssia

Ind

ia

Nep

al

Afg

han

ista

n

Paki

stan

Women in ParliamentIn Percent

4

Figure-2

The Inter- Parliamentary Union(IPU) reported on 5 February 2009 that women constitute only 18.4 percent of the representatives in Parliaments across the world.7 Percentage of women Parliamentarians in 2012 stands at 19.5%-a slight increase in the percentage.The IPU report shows that the number of elected women heads of state and Government has increased from 8 in 2005 to 17 in 2012 with the number of ministers also increasing from 14.2%in 2005 to 16.5% in 2012. Globally, the percentage of women in politics is quite insignificant compared to men which indicate that low representation of women in politics is common across the countries of the world.Due to this low percentage many scholars,women‟s organizations and politicians advocate gender quotas for increasing representation.Gender quotas may exist constitutionally through the process of reservation or in the political parties or through the electoral law.In countries like Pakistan which has a male-dominated society which is also fundamentalist due to gender quotas, women constitute one-third in local bodies and 22.2% in the National Parliament.So the quota system is the most popular method to reduce the gender gap in politics. According to the Global Gender Gap Report 2006 in which a survey of 115 world economies is done,India is at the 20 th position in empowering women politically.India is ahead of nations like US(66th) ,France(60th) and Japan(83rd) in empowering women politically as a large number of women at the local level are empowered constitutionally through quotas.However ,the picture at the state and national level is dismal since the representation of women is very low compared to many countries of the world.

Men36148

Women8172

18.4%

Total parliamentarians in the world by gender

5

II

Hindrances to Representation of Women in Indian Parliament

Generally the status of women in any society is measured through their political participation,representation and share in decision-making bodies.8 In India even prior to independence, women had been demanding voting rights as early as in 1917 when many other countries‟ womenfolk had not demanded it.Ms Sarojini Naidu,the first female President of the Indian National Congress party was one among the many who campaigned for this right.It was granted in 1926 after a great deal of time and patience.Women of Newzealand were the first to win this right in1893 followed by women in Australia,many European countries and the U.S. in the early 1900‟s. In India,the National Movement carried on by the Indian National Congress with the leadership of Mahatma Gandhi created political awareness and mobilized women to participate in politics.The left movement had also mobilized women.9 As a result many women participated in the freedom struggle.Right from the days of independence,the principles of gender equality,equity and protection of women‟s rights have been the prime concerns in India. The Indian nation started with an excellent Constitution with the objective of realizing great ideals of justice,liberty,equality and fraternity. The creation of the Constitution promised the women equal status,treatment and gender justice. However, during the framing of the Indian Constitution, many members of the Constituent Assembly were opposed to reservation for women. In the Constituent Assembly of India Mrs. Renuka Roy argued against reserving seats for women. “When there is reservation of seats for women,the question of their consideration for general seats,however competent they may be,does not usually arise.We feel that women will get more chances if the consideration is of ability alone.”10

Women‟s rights and privileges of women found its best expression in the provisions of the Indian Constitution. The principle of gender equality is enshrined in the Preamble,Fundamental Rights, Fundamental Duties & Directive Principles While Article 14 grants legal equality Article15 prohibits discrimination against any citizen on the grounds of sex,religion,race,caste etc,and Article15(3) empowers the state to make affirmative discrimination in favour of women.Article 16 provides for equality of opportunities in the matter of public appointments for all citizens.Article 39 mentions that the state shall direct its policy towards providing to men and women equalIy the right to adequate means of livelihood and equal pay for equal work. Article 42 directs the state to make provisions for ensuring just and humane conditions of work and maternity relief. Article 51(A)(e) empowers the state to make special legislations from time to time in favour of women..The Constitution not only grants equality to women but also empowers the state to adopt positive discrimination in favor of women.Discrimination against anyone based on sex is against the constitutional right to equality which is also emphasized by the Supreme Court.So reservation policy is accepted as an instrument of empowerment.In fact reservation policy in India has come to stay as part of our equality achievement process. After sixty years of constitutional governance if 50% of our women are not sufficiently represented in decision-making,it is a cause for concern.India has also ratified several international conventions and human rights instruments to secure equal rights of women.The most important among them is the ratification of the Convention on Elimination of All Forms of Discrimination Against Women(CEDAW) in 1993.The National Commission for Women was set up by an Act of Parliament in 1990 to safeguard the rights and legal entitlements of women.

6

However, in 1974, the report of the committee on status of women highlighted the low number of women in political bodies and recommended that seats be reserved for women in Panchayats and municipal bodies.11 Two dissenting members of the committee supported reservation of the seats in all legislative bodies.12 The National Perspective. Plan for Women (1988) recommended a quota of 30% in panchayats, municipalities and political parties.13 The National Policy for Empowerment of Women in 2001 stated that reservation shall be considered in higher legislative bodies.14 During the coalition era, the United Progressive Alliance‟s National Common Minimum Program 2004 also included reservation of one-third of seats in Parliament for women.15

The recognition of the necessity of reservation for women was thus sweeping across the political class. The Constitution Amendment bills were therefore introduced in 1996, 1998 and 1999 to reserve seats for women in Parliament and state legislative assemblies. The 1996 bill was examined by the Joint Committee of Parliament. All three bills lapsed due to the dissolution of Lok Sabha. Later on, the Bill was introduced in the Rajya Sabha as the Constitution (One hundred and eighth amendment) Bill in 2008.It requires to be remembered here that the 73rd and 74th amendments which were passed in 1993 provided for reservation of one third of seats for women in panchayats and municipalities.The Cabinet has recently approved the proposal to enhance reservation for women in Panchayats from the present 33% to 50%.(One Hundred and Tenth Amendment) Bill 2009)16 .The Constitution provides for reservation of seats in Lok Sabha and state legislative assemblies for SCs and STs in proportion to their number in the population but makes no provision for reserving seats for women in the Parliament and the state legislatures.

Table-3 Women Members of Rajya Sabha and their Percentage (1952-2008)

Year Women members %

1952 15 6.94

1954 17 7.79

1956 20 8.62

1958 22 9.52

1960 24 10.25

1962 18 7.62

1964 21 8.97

1966 23 9.82

1968 22 9.64

1970 14 5.85

1972 18 7.40

1974 18 7.53

1976 24 10.16

1978 25 10.24

1980 29 11.98

1982 24 10.16

1984 24 10.24

1986 28 11.98

1988 25 10.59

1990 24 10.34

1992 17 7.29

7

Source: Reservation of seats for Women; in legislative bodies: Perspectives; Rajya Sabha Secretariat

Figure-3

0

2

4

6

8

10

12

14

19

52

19

56

19

60

19

64

19

68

19

72

19

76

19

80

19

84

19

88

19

92

19

96

20

00

20

04

20

08

Rajya Sabha - Percentage of Women Members

1994 20 8.36

1996 19 7.81

1998 19 7.75

2000 22 9.01

2002 25 10.20

2004 28 11.43

2006 25 10.41

2008 23 9.50

8

Table-4 Women Representation in Lok Sabha

Source:SaharaTimes,20 December 2003 & internet.

Year Number of men

Number of

Women %

1952 476 22 4.41

1957 467 27 5.40

1962 459 34 6.76

1967 490 31 5.93

1971 499 22 4.22

1977 523 19 3.49

1980 514 28 5.15

1984 500 44 8.09

1989 502 27 5.22

1991 492 39 7.17

1996 503 39 7.18

1998 500 43 7.92

1999 494 49 9.02

2004 498 45 8.03

2009 484 59 10.86

9

Figure-4

The total number of women in Lok Sabha has been steadily increasing over the years but in comparison with men, it is disproportionately low. At present women in the Lok Sabha are 10.8%, in the Rajyasabha 9.5% 17 (See Table 3 & 4.).In the Rajya Sabha also called the Council of States which is the upper chamber there were 15 members in 1952 which has increased to only 23 in 2008.In the Lower chamber known as Lok Sabha or House of the People, the number has increased from 22 in 1952 to 59 in 2009.This trend of low representation exists even in the state legislatures. (as India has a federal structure).It is a negligible number in both the Houses which can never be a force to reckon with.Naturally,the nation is guided by the decisions of the male members as most of the time even the existing women members have to toe their line since their voices are feeble due to lack of numbers.

Since independence,eventhough women have made their presence felt in many male dominated professions, still their representation in the decision making bodies/processes is far less than that of men. According to National Association of Software & Services Companies (NASSCOM),women constitute around 21 percent of the total work force.Women employees are 50% in the Information Technology Enabled Services(ITES).18 However, there is a historical exclusion of women from national polity due to various social and cultural reasons and patriarchal traditions.Domestic responsibilities,lack of financial clout,rising criminalization of politics and the threat of character assassination make it difficult for women to contest for elections and participate in politics.19 Right from the first general elections, involvement of women in politics has often been low. Very few women supported by their influential families have managed to enter the political mainstream.20 Women are rarely found in leadership positions in parties and usually fielded from losing constituencies where the parties do not want to waste a male candidate.Political parties are reluctant to give tickets to female candidates.So many women try to contest as independent candidates since they are denied tickets by the parties.”An independent candidate stands on a weaker platform.”21 The political atmosphere in the country also discourages women from participating in politics as they have less ability to use money,muscle power and other forms of influence in the public sphere.22 Women have been socialized to believe that politics is a dirty game.23 Women activists,decision makers are confronted with character assassination, threats as well as violence.There are many instances of physical assaults,rape,murder of women who dared to enter the political sphere.

0

100

200

300

400

500

6001

95

1

19

57

19

62

19

67

19

71

19

77

19

80

19

84

19

89

19

91

19

96

19

98

19

99

20

04

20

09

Lok Sabha – Number of men and women

Number of men Number of women

10

The gender stereotypes led to the marginalization of women in the political arena as they are advised to keep away from politics and play only feminine and non- competitive roles. It is argued that men should tend to political matters while women should take care of the household matters.24 Qualities such as rationality,self-discipline,competition etc are some of the qualities associated with the men required for political participation whereas women are associated with qualities like submissiveness,impulsiveness,indiscipline and irrationality.25 According to Indian culture; women have the responsibility of parenting and nurturing and choose the role of caring for the family voluntarily. As a result, women are marginalized in all spheres of activity which are social, economic and political. Indian culture has taught girls to behave according to negative stereotypes (images) of feminity to make them look inferior. Many regard politics as time consuming and do not like to involve in it as work inside the house as also outside becomes a huge burden. Thus, psychologically, women are conditioned to stay at home. As a result, their presence is a mere „symbolism‟ rather than real power wielding.26 Even if the women are keen on entering politics,they prefer to do so after fulfilling their responsibilities towards the family which creates a problem as they have to devote more time and energy and compete with men who started their career early.27

Socially and economically also in India the women are impoverished in every way and excluded from protective measures.The Standing Committee on Personnel,Public Grievances,Law and Justice to which the Bill was referred had submitted its report in 2009. As per this report, it was pointed out that the women are hampered by low levels of education,lack of access to healthcare,lack of employment and low social status which manifested in crimes like female foeticide,dowry deaths and domestic violence. The socio-economic indicators also show these trends.Child marriage and female foeticide reduce a woman‟s decision making powers.Washington –based Population Reference Bureau shows that 47% of Indian women between the ages of 20-24 were married before they reached 18. So they have no control over their family income.In Africa women have more control over their family income than in India,Domestic work is seen as their primary responsibility.There are innumerable laws in India to protect women including the inheritance law but the women do not exert their rights or are ignorant of it due to various reasons. Gender inequality index released by the United Nations Development Programme indicates the rampant inequality in Indian society as compared to countries like Pakistan,Rwanda,Bangladesh and Zimbabwe.Naturally,many women are reluctant to participate in politics constrained by social,economic and political barriers.

Table-4A - Comparison of Gender Inequality.

Country Human Development Gender Inequality

India 134 129

Pakistan 145 115

Rwanda 166 82

Bangladesh 146 112

Zimbabwe 173 118

Index of Human Development(187 countries)Gender Inequality(147)

Source:UNDP Human Development Report, 2011.

11

Reservation in Parliament is therefore regarded a mechanism to increase the participation of

women in political affairs.This reservation may be achieved in many ways. The political parties themselves

may reserve certain seats for women in legislature or seats may be reserved through legislation. In some

political systems, certain % of seats or specific number of seats are reserved for women. In Uganda for

instance, 56 seats are reserved for women. In Rwanda, 30 percent of the seats are reserved for women. As

per critical mass theory, women constitute the critical mass and therefore, need to be provided the quota

system in order to increase their participation in politics as demanded in various international treaties and

conventions. “If the trend continues, quotas will soon produce a quantum leap in women‟s political power.

For the first time, women will form a critical mass of legislature in many countries able to set new agenda

and perhaps create new styles of leadership.” (Jacquelle 1996)

Profile of women in the Indian Parliament:

A brief sketch of the profile of Indian women in the Indian Parliament indicates the type of women who are likely to be interested in occupying the seats of power in case there is the implementation of reservation policy in India.Here the period between 1991-1996 is taken for analysis by Shirin Rai28 which indicates the general profile of the women Parliamentarians to predict as to who may be expected to take advantage of reservation and what might be its effects. According to this analysis, there were 39 women representatives in the Indian Parliament between 1991-1996 who were mostly middle class, professional women with less or no links to the women’s movement. Large number of these women entered politics through families or through student and civil rights movements and the majority of women in the Indian Parliament were elite women. Out of these, 32 had post -graduate qualification. In the Rajya Sabha, 14 out of the 17 women were graduates. The class position of these women is more important than their educational level and caste. Only one out of seven lower caste women MPs was not a graduate and the one SC woman MP in the Rajyasabha had post -graduate education.The level of education is also reflected in the professional profiles of these women. Thirty percent of women MPs in the Rajya Sabha for example, were lawyers and 25 percent in the Lok Sabha were either teachers or lecturers. Most of the women MPs (about 65%) were between their late 30’s and 60’s and therefore, did not have the responsibility of small children at home. Most of the women had paid help at home and strong family support, but the constraints of family life continued to be of concern even of privileged women. Only one Muslim woman MP was in the Rajyasabha and one in the Lok Sabha and so Muslim women were underrepresented. Dr. Najma Hepatullah, who was also the Deputy Speaker of the Rajya Sabha was from an elite class & with strong educational background enjoying support for her work from her natal & marital family. Margaret Alva, a Christian, a former Minister of State and former Chairman of the National Commission for Women of India was also from a similar background. In both cases, the families were involved in the national movement influenced by liberal ideology & were highly educated.

The above analysis according to Ms Shirin Rai indicated that the majority of women in the Indian Parliament are elite women. Their class position often allowed them great range of options than are available to poor women.However,gender quotas according to this analysis is important only on the grounds of social justice and legitimacy of the political system but

12

does not translate into improved representation of women’s various interests.Her analysis may be right with the existing number of women representatives but if the number of women increase substantially through adoption of gender quotas,the effect of their huge number itself might be a source of strength for women to legislate on women’s issues.The success of quotas for women at the village level indicates a positive picture at every level if it is replicated.In a study undertaken by Esther Duflo and Raghabendra Chattopadhyay in 2003 on this experiment it is pointed out “Despite the handicaps they may face in terms of education and prior experience,and the preconception of weak leadership,women have a real impact on policy decisions”29

IV

Genesis of the demand for Reservation Policy: The demand of reservations for women was made by many women‟s organizations such as the Women‟s India Association (WIA), the All India Women‟s Conference (AIWC) and the National Council of Women in India. The report of the Commission on the status of women in India dealt with the reservation issue but opinions expressed were not unanimous. So, reservations in local self government institutions were recommended. The major step involved the 73rd and 74th constitutional amendments providing for 33% reservation of seats for women in rural and urban local government which allowed around 7.5 lakhs of women enter into political decision making apparatus. In 1988, the National Perspective Plan (NPP) advocated 30% reservation for women in all elected bodies. In 1995 in the World Conference of Women in Beijng, affirmative action in favor of women in the political arena was suggested which had an impact on the demand for gender quotas in Indian Parliament.

The Indian Constitution no doubt grants equality to women in the public sphere but in terms of the personal law there is wide inequality and discrimination. Women‟s political marginalization has been going on despite feminist movement. In 1974, a study was commissioned by the Government to investigate the post independence status of women in anticipation of the U.N year of the women. The status of Indian women was highlighted in this report entitled „Towards equality‟30 In this report, the committee paid tribute to the concept of political equality included in the Indian Constitution. It appreciated the Constitution makers for the inclusion of political equality of women as a radical departure from the socio-cultural norms prevailing in traditional India. It was remarked “With the exception of the socialist countries, no other state in the world has accepted women‟s equality as a matter of course”.31

However, the committee was concerned about women‟s lack of political participation although women had made good strides in entering many professions; they were underrepresented in the legislatures with their numbers in the Parliament varying between 4 and 8 %. The committee was forced to conclude that “the right of political equality has not enabled women to play their roles as partners and constituents in the political process.”32 The committee considered the declining trend in the number of women legislators due to the reluctance of male dominated political parties to sponsor women candidates.33 Due to this minority and dependent status, this minuscule group could not act as the spokesmen for woman‟s rights and opportunities.34 In order to remedy women‟s marginalized political status, it was suggested by the committee to press for reservation in the local, state and national level as it was also demanded by women‟s group across the country.

But in its report, the committee had only officially recommended reservations for the local level (village Panchayat and municipal bodies) representative institutions with the argument that it would be

13

improper to propose “such a major change in our political structure” that reservations on the state or national level would entail.35 Regarding the issue of reservation, there were three members who wanted limited reservation for women only to local level institutions. Lotika Sarkar and Vina Mazumdar suggested that the low percentage of women elected to Parliament was a “sufficient indicator of the reluctance of our society to accept the principle of equal representation for women.”36 Thus, the effort to provide reservation for women led to the 73rd and 74th amendments to provide thirty three per cent representation in the panchayats and other local self governing bodies. This was considered as the first step towards empowerment of women to be followed by reservation in the Lok Sabha and Vidhan Sabha. 37

Reservation Bill: This bill was first introduced by DeveGowda led United Front government in July 1996 followed by the attempt made by I.K Gujaral in 1997 and Vajpayee in July 1998.This Bill seeking to ensure 33% reservation for women in Parliament and state legislatures introduced a new provision Article 330 A according to which ”not less than 1/3 of total number of seats reserved for SCs and STs women while 1/3 of total seats were to be reserved for women in the Assemblies. In this 1/3 of seats were reserved for women. The seats reserved for women were also to be rotated in every election.”

Geetha Mukherjee while introducing the women‟s reservation bill said “Today is the fiftieth anniversary of the first sitting of the Constituent Assembly. This is one of the subjects which we could take up in honor of this occasion…….. I join all my friends in demanding that the bill be passed without delay”38 This Bill was thus, first moved for consideration in the Lok Sabha and subject to fierce and sometimes violent debate but still remains alive as an issue even though many major national political parties have pledged their commitment to its passage.39 This amendment reserved certain constituencies through a lottery system and rotated them in each election, for women candidates. This amendment also intended to reserve 33% of the seats within the quota of seats reserved for SCs and STs for the women of those communities.40 According to Madhu Kishwar “the very presence of 181 in the Lok Sabha will make them much more visible, a drastic difference from their miniscule presence today”41 All political parties outwardly backed this amendment. However, the debates that took place indicate that there were deep disagreements, fissures and a reluctance to provide reservation in terms of seats in the legislature at a higher level.

Highlights of the Bill:42

1. The Bill seeks to reserve as nearly as possible, one third of all seats for women in the Lok Sabha and the state legislative assemblies (including Delhi). The allocation of reserved seats shall be determined by such authorities as prescribed by Parliament.

2. As nearly as possible, one third of the total number of seats reserved for Scheduled Caste, Scheduled Tribes (SC/ST) in the Lok Sabha and the legislative assemblies shall be reserved for SC/ST women.

3. Reservation of seats for women shall cease to exist 15 years after the commencement of the Act. 4. Reserved seats may be allotted by rotation to different constituencies in the state or union territory

of a state or union territory has only one seat in the Lok Sabha, that seat shall be reserved for women in the first general election of every cycle of three elections. If there are two seats, each shall be reserved once in a cycle of three elections. Similar rules apply for seats reserved for SCs/STs. Of the two seats in the Lok Sabha reserved for Anglo – Indians, one will be reserved for women in each of two elections in a cycle of three elections.

14

Rajyasabha and legislative councils in state are excluded from the purview of this reservation, justification for which was not explained anywhere. This Bill has provision of giving power to the centre to review and extend these reservations.

Debates and Arguments : Each time the bill was introduced there were snatching of papers from presiding officers and ministers along with scuffles. Once, Union Minister Renuka Chowdhary pushed a Samajwadi party member away when a Samajwadi party member tried to snatch a copy of the bill from her ministerial colleague H.R Bharadwaj in the UPA government‟s first term when it was being introduced. H.R Bharadwaj also took his seat between two women ministers and was guarded by some women MPs to ward off any attack on him by some opposition members.Opposition to the Constitution Amendment Bill hit a nadir when some opposition members tried to attack Rajya Sabha Chairman Hamid Ansari and disrupted tabling of the bill.On July 13, 1998 RJD MP Surendra Prasad Yadav went to the well of the House when Law Minister M. Thambidurai rose to introduce the Bill, snatched it from Speaker GMC Balayogi and tore it to bits. In May 2003 when Speaker Manohar Joshi announced deferring of the bill, protesting MPs rushed to the well of the House during question hour, saying they would never allow the bill to be passed in the present form.In 2005 the BJP announced complete support for the bill but yielded to objections of Uma Bharathi and several others within the party who stressed on quota within quota for women on caste basis. Some of the opponents to the bill argued that “women‟s entry in the world of politics would threaten the atmosphere at home and erase her sexuality in the world outside the home”43 Sharad Yadav, an MP and opponent of the Bill went to the extent of saying that the women who involve themselves in politics would be those with short haircuts and said “A woman who has her hair cut is not a woman at all”44 Thus, a woman‟s Identity as a woman was put into question.Many of the words uttered implied the insignificance of women as a category.Sharad Yadav has told the National Council of Women that “Mahila vote bhi koi cheez hai?You must be joking”(Is there any such thing as women‟s vote?)45 Here it is relevant to refer to the remarks of former Chief Justice of Supreme Court Ranganath Misra who advised women to sit at home and not work outside their domestic sphere.46 This kind of a mindset among men in power tends to prevent political equality.Apprehensions were expressed about the future trends of role of men & women if the amendment becomes a reality. “Once the bill passes it will be the mother in Lok Sabha and father in the kitchen”47. Shivaraj V Patel, an M.P argued that social justice not being done within the four walls of the household cannot be implemented in the public sphere. “Which social justice are they talking about? They do not do justice with their own family members”48 Pramila Dandavate considered these arguments as superficial and said as follows“They (Men) do not want to share power in the real sense of the word. The male members joke about the issue but basically they feel threatened….. [they] ask in jest- Who will make our food?”.49

Those who supported the Bill like Margaret Alva argued that it was not the shortage of women interested in politics that was to blame for the scarcity of women legislators after independence but the reluctance of political parties to support them for seats. In 1952, when the first general election was held, the percentage of women elected to the first Lok Sabha was only 4.4. “Are we to believe that among the stalwart of freedom fighters of our country, there was such a dearth of capable women that they could not put up more candidates and get them in Parliament”.50. According to Margaret Alva “the greatest fear among the male M.P‟s (opponents to the bill) was that they will lose their seats” 51 The then Prime Minister A.B.Vajpayee also said that it was the general insecurity of menfolk which led to promoting male supremacy and opposition to the bill.52. The former President of India K.R Narayanan, argued that “increased female representation would lead to heightened social sensitivity in legislative institutions. It would foster a greater sense of decorum……”53 The women representative it is argued would treat the nation like she cares for the family, focussing on the well being of its members. Pramila Dandavathe thinks

15

that since women give priority to their families, in Parliament also they will give priority to education, child welfare and health.54 Menaka Gandhi,MP says that reservation will “instill meaning into what has degenerated into a purposeless institution.”55.

After 1996,as noted earlier, many attempts were made to introduce the bill on the floor of the house but every time the discussion was taken up, there was the adjournment of the legislature on numerous occasions. The floor of the House usually turned out to be a battle field with members rushing to the well of the House, tearing up the bill before it could be introduced and not letting anybody speak. In one of such incidents, I.K Gujaral the former PM of India commented as follows “I have had the opportunity of sitting in this House and the other House for the best part of my life. I have never witnessed such a scene” 56 The Speaker of the Lok Sabha himself said that “incidents of this sort strikes at the root of the very credibility of this House and its survival and therefore are dangerous for our democratic polity”57

A.B Vajpayee wanted to build consensus on this bill. Kanthi Singh, (MP) said the lack of strong political will on the part of the central government was responsible for the delay in implementing the bill. Margaret Alva declared that while some may “believe that the aspiration of Indian women can be silenced by the shouts and slogans against their rights in the well of the House…… we are too many and too strong and too determined for that”58 According to Shivaraj Patel “it is said here that it has not been done all over the world. then why should it be implemented here. Will we always follow others ? Wont we guide others”?59 Brinda Karat,a member from the CPM and a campaigner for women‟s rights said “The Bill will

16

change the culture of the country,because women today are caught in a cultural prison.We have to fight stereotypes everyday”60

The debates however do not address the fact as to whether the quotas for women are desirable and successful to achieve its objectives.Arguments and counter arguments put forward by many has delayed the passage of the Bill and has prevented the womenfolk from breaking the ceiling of power domination by men.The Bill in order to become a reality must be ratified by the lower house before being approved by at least half of state legislatures and the President.According to analysts like Zoya Hasan”The most strindent opposition to Women‟s quotas has come from male politicians who fear that their political career would be put at risk”61 Male members are required to give up 180 seats in the lower house which is a substantial sacrifice. Female members on the other hand have given univocal support to this Bill.This is aptly pointed out by Shirin Rai as follows “Quotas for women as a strategy for accessing the political arena has growing support among women MP‟s,despite the fact that very few have accessed the system through that route and are firm believers in the meritocratic argument.”62 However,the women members are constrained by party discipline and not allowed to vote as they wanted due to party whips.

Debate on Sub-Quotas: There were other arguments put forward to oppose this bill. Even though the bill has ensured reservations for women from the SCs and STs, opponents have raised the issue of reservations for women from other backward classes (OBCs) 63 or minority religious communities like the Muslims or Christians. Opponents claim that in the absence of these reservations only women from upper classes will be benefited.64. Many made claims based on their population. Mulayam Singh Yadav for instance, claimed that the passage of the Women‟s Reservation Bill have led to marginalized groups evaluating their own rates of representation. Muslim members claimed that since Muslims are 12% of the population, they should get at least sixty five seats reserved. But there were only twenty seven to twenty eight members in this House.65 Sharad Yadav(MP) on behalf of the OBC claimed that the OBC did not ask for reservation for nearly fifty years and never created controversy over it. The Congress party did not find any need to provide quotas for OBC women in the proposed quotas as they already have enough representatives in Parliament. These arguments were carried on to such a great extent that it thwarted the real issue at stake. Many supporters of the bill did not like these sub quotas within the bill. It is pointed out that the sub-quota for Muslim women would violate secularism-a basic feature of the Constitution.Reservation within reservation is intended to prevent the elite women cornering all 33% seats in the Lok Sabha. A Lawra Dudley Jenkins explained that the majority of those demanding Parliamentary reservations have been from upper class Hindu backgrounds.66

Present Status of the Bill: On paper the pro-bill MP‟s consisting of UPA (261 MP‟s),BJP(116) and Left parties(24) have two thirds strength needed for the constitutional amendment to push through the Bill. The major opponents SP(23),JD(U)20 and RJD (4) should not matter.However the Congress desired to arrive at a consensus even if it means the dilution of the Bill. “We will walk that extra mile and meet the demands of the anti-Bill leaders” a Congress leader said.The Law ministry has prepared two drafts of the Women‟s Reservation Bill-the first envisages 33.3%reservation for women within the existing strength of the two Houses of Parliament.The second calls for increasing the strength of the two Houses by 33,.3%The existing 545 seats in the Lok Sabha will increase to 900 if this draft of the Bill is enacted.But the parties have not arrived at a consensus.All parties agree that reservation is necessary but differ on the quantum of reservation. The main opponents want quota within quota,meaning reservation for backward classes in the Bill.They also want the quota to be fixed at 20%.They fear that the Bill in its present form will eliminate the regional parties and only elite among the women will contest elections and male leaders may vanish from the scene.The Congress and the BJP also feel that the space for general category will shrink further. If

17

33.3% reservation is added to the already existing 22.5% for SC and tribes,more than 55% of seats in Parliament would be reserved.It is likely that while the UPA will agree for OBC share, it may reduce the quota at about 25%. After its introduction in the Rajya Sabha in 2010 ,the Parliamentary Standing Committee headed by the Congress MP prepared draft reports on various aspects of the Bill.It also held discussions with political parties and Chief Ministers of seven states in a bid to reach a consensus on the issues on which a few political parties had some reservations.Now a new committee will have to be constituted to study the report of the outgoing panel and come out with its own report.The Law ministry will then rework the Bill and send it to the Cabinet.After the Cabinet approval,the reworked draft Bill will be reintroduced in Rajya Sabha and later in Lok Sabha. Thus,this Bill remains as the longest pending Bills in India.

Assessment of alternative methods: The members of Indian Parliament have come up with many alternative methods to give representation to women.This includes reservation in political parties,dual-member constituencies and increasing the number of seats in Assemblies and Parliament to accommodate sufficient women candidates.

The Gill formula was proposed by the Election Commission to make it mandatory for all political parties to ensure certain percentage of women to contest from each party without which they lose their recognition.This alternative suggests amending the Representation of People Act 1951 to compel political parties to compulsorily nominate women candidates for at least one third of seats. This according to Rajinder Sachar violates the fundamental rights to form an association guaranteed under Article 19(1)c of the Constitution which permits restrictions only in terms of the interest of seveireignty and integrity of India or public order or morality and the amendment does not fit into these.67 Even if one-third of women candidates are put up by political parties,there is no guarantee that they will all get elected.Moreover the parties will make the candidates to contest from weak constituencies.Prejudice against women candidates also will work against them.Thus, this alternative is theoretically feasible but will fail in reality to give representation to women.This was also not acceptable to many women‟s groups as they perceived that the women may have to be at the mercy of parties.Strong opposition from male constituency leads to failure of this method.

Another alternative suggested is to make the reserved constituencies as dual constituencies so that a man and a woman may be elected simultaneously to ensure that the men do not have to sacrifice any seat in the Parliament for women.If this is adopted it sends out the message that the men do not have confidence in the ability of women MP‟s.Moreover, it also leads to clash of interests between man and woman within the constituency. Providing for double member constituencies is not desirable as the woman elected from such a constituency might be reduced to a subservient position Women activists say that if constituencies are to be made double member,then all constituencies should be made so and not just 181 constituencies reserved for women which Brinda Karat considered as creating inequality and weakening our democratic traditions.

It is also suggested that the total number of seats in the Lok Sabha be increased and the Delimitation Commission take up the delimitation of constituencies. Article 82 provides for the allocation of seats after each census.Since the population has increased to a great extent,increase in the number of seats may be considered an option-provided it gives better representation to women.This alternative allows women to enter into Parliament without making a dent into male bastion. However amendments have frozen the number of members in the Lok Sabha to 545 till 2025 to discourage the increase in the

18

population.Moreover, increasing the number of seats through delimitation of constituencies is a laborious task..

Provision for sub-quotas within quotas may also be considered to provide for social equality within gender equality even though the constitutionalists say that it is unconstitutional since Article 325 provides for one general electoral roll for every constituency and no discrimination shall be made on the basis of religion.The requirement of consensus on this Reservation Bill definitely is centred around the reservation within reservation.If this is taken care of within the Bill,there will be less controversy on elite women cornering all the seats and will lead to its smooth passage.Instead of fighting against quotas within quotas it is better to give in to the demands of the critics as the support of all sections of the society and the political parties are required for its implementation.One should not bother too much on the dilution of the original Bill. Mohini Giri,the former chairperson of the National Commission for Women said “We do not want any more discussions on the Bill.The Government,keeping in view the sensitivity of this issue must pass it in its present form .Since all the political parties have given their blessings to the Bill,the question of further delay no longer arises.”68

Regarding the provisions of the Bill, the clause of rotation of seats as provided in the Bill is said to strike at the heart of democratic values as the representatives do not get the chance to nurture their constituency nor the electorate get the chance to reelect or reject their representatives.The flip side of this is that it would prevent monopoly in women seats,provides new leadership and distributes the power. But it also reduces the incentive for an MP to work for his constituency as he may be ineligible to seek reelection from that constituency.However,the process of gender quotas is meant to be a temporary measure for a period of 15 years which is a short period. The time taken to discuss the Bill is more than 15 years which could have provided the gender representation and by now the democracy would have taken the right direction with right people in the right places vibrating with energy and dynamism.

V

.The 16-year journey of the Women‟s Reservation Bill in India was marked by high drama of war with words with several arguments being repeated again and again without reaching any consensus. As a result,the entire issue has lost the focus of empowering the women. Women, whether they belonged to upper castes or lower castes or middle castes should be represented equally or adequately.Whether all women become empowered is a different question.Immediately it may not achieve the political empowerment of women but it is a step forward in achieving this goal. Reservation is bound to show positive effects regarding the allocation of resources.When ten lakh women got elected to Panchayat Raj,it was criticised alleging that their husbands would wield power by proxy.However, women at the local level have proved to be effective in decision-making and allocations for the issues related to women. The successful involvement of women in local self governing bodies indicates that many women are good leaders and invest more time and energy in these bodies. This is indicated in the 2008 study held by the Ministry of Panchayat Raj. Many women perceive an enhancement in their self esteem, confidence and decision - making ability through their representation.69 Reservation brings social consciousness and removes criminal-politician nexus which is a danger to democracy.Increased political participation of women will help them fight the abuse,discrimination and inequality they suffer from.However, there are still many issues to be sorted out.Alternative methods of increasing representation of women in Parliament needs to be re-examined.Women‟s organizations need to become pro-active and exert pressure on the government to adopt the Bill.The example of Sweden where men and women form equal numbers among

19

all ministers and parliamentarians indicates that it is possible for women to participate politics if there is encouragement for the same.Men also should give space for women in the decision making process without any bias,Apart from all these,the key issues pertaining to reservation policy also need to be analyzed dispassionately.

Women today remain at the periphery of the power structure and to make democracy real they need political representation. It is remarked that although there is equality of the sexes as enshrined in the Indian Constitution there is no equality in reality. Thus, vigorous affirmative action is required in order to improve the condition of women. Despite various interpretations of democracy by different scholars, maximum participation of people has however been the common theme of all the discourses of democracy.70 But women have been consistently marginalized from the democratic ideas and institution of the state. They have never been and still are not considered as equal members of any society.71 Therefore, it is necessary that a woman should change her priorities to enter into politics. Moreover, it is said that involvement of women in politics makes a lot of difference pertaining to health care, poverty, education, gender equity etc. A study of three countries conducted by World Economic Forum in 2005,found that elected women wanted more money for healthcare, education and social welfare and less for military.72 Moreover, their presence is supposed to bring a different voice to legislative process. Representation of women was also supposed to impact the political agenda, culture and public policy. A gallop poll conducted in Latin America found that 62 percent of people believed that women would do better than men at fighting poverty,72% favored women for improving education and 53% stated that women would make better diplomats.73 (Dahlerup 1988, Norris 1996).

The real test of democracy is the creation of equality of opportunity for the women. Political empowerment of women is perceived as a powerful and indispensable tool for eliminating gender inequality and discrimination.Empowerment requires representation which implies power and responsibility.It is only through the authority of power that social and economic empowerment become meaningful.This process of empowerment has individual as well as collective implication and is a continuous process. Positive discrimination is often the only way to create equality of opportunity to the deprived sections of society. In this process of empowerment, impediments are many and challenging. A great deal of time and patience is still required to see that the proposal may now head towards its logical conclusion. Since the alternative methods of gender representation are not so effective, the Parliamentary Standing Committee Report on the Constitutional (108th Amendment) Bill considered that the gender quotas need to be guaranteed by the Constitution itself and enforced by all means. Providing for gender quotas thus appears to be the most feasible solution to get the representation of women. Proposed 33% gender quota is indeed the positive step in bringing about a change regarding many problems faced by women as well as the nation. Equality of opportunity as enshrined in the Indian Constitution can be realized only through positive discrimination. The Bill is a crucial affirmative step in the right direction to enhance the participation of women in politics which not only democratizes the nation but makes a statement of equality. Ultimately what is required to ensure equality of participation of women in politics is the change in thinking or mindset which is referred to as “revolution of consciousness in the minds of women” to build up their confidence and acceptance of equality74 Our full potential as a nation will only be realized when women, who constitute about half of our population can fully realize their potential to contribute to the development of our nation. We have to open the doors of opportunity to almost 50% of our population which is a critical mass of people making lots of difference to the decision –making process. The increase of women in Parliament would lead to a more subtle difference in the working culture of the Parliament.Numbers will make women‟s voice heard loud and clear.National Federation of Indian Women says “We want reservation for women,they may belong to upper castes or lower castes or middle castes;we won‟t mind but women should be represented equally or

20

adequately…….we cannot reject the Bill on any of these issues that are being raised and sought to be solved within the ambit of the Bill”75 According to Christine Keating “ If this legislation passes, India, the world‟s largest democracy would join democracies such as Argentina, Costarica, Sweden, Finland, Denmark, Germany and the Netherlands in the process of what Ann Philips calls „engendering democracy‟

by introducing mechanisms that work against the exclusion of women in the political sphere.”76. Gender

quotas are today highlighted to such a great extent all over the world to accelerate women‟s political participation that even the U.N.Women Executive Director Michelle Bachelet while addressing the press conference said “I encourage countries to use quotas to expand women‟s participation in Parliament……..Democracy grows stronger with the full and equal participation of women”77.India has a great opportunity to set an example of empowering the largest womenfolk in the largest democracy to unleash their capability to lead the nation into that heaven of freedom with responsibility and respect to realize the goals of equality,development and peace.

References:

1. Usha Narayanan, Women‟s Political Empowerment- Imperatives and Challenges, Mainstream, 10 April 1999, p.1.

2.Roopa Sharma, The Women‟s Reservation Bill – A Crisis of Identity in Laleineilzovi,(ed),Women‟s Development in India-Problems and Prospects,Mittal Publications,New Delhi,2007, pp. 157.

3.D.Syamala Devei and G.Lakshmi,Political Empowerment of Women in Indian Legislature:A Study,Indian Journal of Political Science,Vol.LXVI,No1,January-March 2005,p.86.

4.Ricardo Hausmann,Laura D.Tyson and Saadia Zahidi,The Global Gender Gap Report 2006,(Geneva:World Economic Forum),2006,p.9.

5.Gunhild Hoogensen and Bruce O.Solheim,Women in Power, World Leaders since1960, Praeger, London ,2006,p.36.

6.See www.ipu.com

7.See http//www.ipu.org/wmn-eworld.htm.

. 8.Galina Negrustueva, Women in Structures of Political Power in Bharati Ray(Ed),Women in Politics,France,India and Russia,K.P.Bagchi & Co,Calcutta,2000,pp.125.

9.Chattopadhyaya,K.Indian Women‟s Battle for Freedom,Abinav Press,New Delhi,1983;Joshi.P,Gandhi on Women,Navjivan Press,New Delhi,1989.

10. Memoranda on Minorities by Rajkumari Amrit Kaur,March 20,1947 and Report of the Provincial Constitution Committee, June-July 1947. and 18th July 1947, See Constituent Assembly Debates (Proceedings ) Volume IV .18th July,1947,Constituent Assembly Debates(Proceedings),Volume IV.See also B. Shiva Rao, (ed) The Framing of India‟s Constitution, Select Documents Vol.III and IV,The Indian Institute of Public Administration,New Delhi,1967.

21

11.Towards Equality, Report of the Commission on the „Status of Women in India‟, (Chairperson: Smt Phulrenu Guha ) Ministry of Education and Social Welfare, Department of Social Welfare, Government of India,1974.

12. The dissenting members were Lotika Sarkar and Vina Mazumdar.

13. National Perspective, Plan for Women (1988-2000), Report of the core group set up by the Department of Women and Child Development, Ministry of Human Resource Development, Government of India, 1988.

14. National Policy for Empowerment of Women 2001, Department of Women and Child Development, Government of India.

15. National Common Minimum Program of the Government of India, May 2004. ( http://pm/india. nic.in/cmp.pdf)

16. Cabinet approves 50% Reservation for women in panchayats. http://www.indianexpress.com/news/testing-india‟s sanity/820460.

17. See Table-3 and Table-4. Data available on Parliament & Election Commission of India website.

18,See R.Sivadas,Hype or opportunity,The Hindu,Survey of Indian Industry,2003,pp.262-265.

19.See Times of India,February 1998.

20. Madhavi Lakshmi Kondreddy, Construction of Gender Deprivation of women from Politics in India, Kiran Saxena (ed), Women and Politics, Gyan Publishing House, New Delhi,2000, pp.33.

21.See Susheela Kaushik,Women and Political Participation in Niroj Sinha(Ed),Women in Indian Politics,Gyan Publishing House,New Delhi,2000,pp.63-64.

22.Madhu Kishwar:Sidelined,The Illustrated Weekly of India,4 February 1990,pp.32-33.

23.Lakshmi.N.Menon,From Constitutional Recognition to Public Office,The Annals of the American Academy of Political and Social Science,Vol 375,January 1968,pp.36-37.

24.Vijay Kaushik, Women‟s Movements and Human Rights, Pointer Publications, Delhi, 1990,pp. 80-81 .

25. Ronald.D Hedlund:The Electability of Women Candidates-The Effects of Sex Role Stereotypes,The Journal of Politics,Vol.41,No.2,1979,pp.515-516.

26. Susheela Kaushik:Women and Political Participation in Niroj Sinha(Ed),Women in Indian Politics,Gyan Publishing House,New Delhi,2000,pp.XIV.

27.Nancy.E.McGlen,The Impact of Parenthood on Political Participation,The Western Political Quarterly,Vol.33,No3,1980,pp.291.

28.See Shirin Rai, Class,Caste &Gender-Women in Parliament in India in Women in Parliament,Stockholm International Idea,2002,p.4.available at www.idea.int.

29.Deccan Herald,January 12,2012,p.11

22

30. The committee consisted of Dr. Phulrenu Guha, a veteran freedom fighter, women activists, academicians and politicians which interviewed over 500 women. [Forbes 1996, 227 ].

31. Towards Equality, Report of the Commission on the „Status of Women in India‟, (Chairperson: Smt Phulrenu Guha ) Ministry of Education and Social Welfare, Department of Social Welfare, Government of India,1974.,p. 283

32. Towards Equality, Report of the Commission on the „Status of Women in India‟, (Chairperson: Smt Phulrenu Guha ) Ministry of Education and Social Welfare, Department of Social Welfare, Government of India,1974. ,p.8.

33.Towards Equality, Report of the Commission on the „Status of Women in India‟, (Chairperson: Smt Phulrenu Guha ) Ministry of Education and Social Welfare, Department of Social Welfare, Government of India,1974 , p. 302.

34.Towards Equality, Report of the Commission on the „Status of Women in India‟, (Chairperson: Smt Phulrenu Guha ) Ministry of Education and Social Welfare, Department of Social Welfare, Government of India,1974. ,p,302.

35.Towards Equality, Report of the Commission on the „Status of Women in India‟, (Chairperson: Smt Phulrenu Guha ) Ministry of Education and Social Welfare, Department of Social Welfare, Government of India,1974, p.304.

36.Towards Equality, Report of the Commission on the „Status of Women in India‟, (Chairperson: Smt Phulrenu Guha ) Ministry of Education and Social Welfare, Department of Social Welfare, Government of India,1974,p.356.

37.See the interview with Margaret Alva in Meenakshi Nath, Cutting across partyline : Women Members of Parliament Explain their Stand of Reservation Quota Manushi No 96 ( September- October-1996), p.15.

38. Eleventh Lok Sabha Debates, VII 13 (December 8, 1996) ,272.

39.Medha Nanivadekar, Reservation for Women, EPW [July 11,1998] ,p.1815

40. Madhu Kishwar, Out of the Zenna Dabba , Strategies for Enhancing Women‟s Political Representation in Manushi No. 96 ( September – October 1996) , p.22.

41. Madhu Kishwar, Out of the Zenna Dabba , Strategies for Enhancing Women‟s Political Representation in Manushi No. 96 ( September – October 1996) , p.22. During that period, women occupied 6% of the seats in the Lok Sabha.

42.For the contents of the Bill see The Constitution (One Hundred and Eighth Amendment)Bill 2008 & PRS Legislative Research, Legislative Brief, The Constitution (One Hundred and Eighth Amendment)Bill 2008 at www.prsindia.org.

43. Partha Chattarjee, Nation and its Fragments, OUP,New Delhi,1993,p. 131.

44. The Hindu, May 28,1997.

23

45. Madhavi Lakshmi Kondreddy:Construction of Gender-Deprivation of Women From Politics in India in Kiran Saxena(Ed),Women & Politics,Gyan Publishing House,New Delhi,2000,pp.34.

46.Vibhuti Patel,Women‟s Participation in Policy and Decision-Making Process-Forms & Processes,Har Anand Publications,New Delhi,1993,pp.22.

47. The Hindu, March 8, 2002.

48. Twelfth Lok Sabha Debates, VIII,9 (March 8, 1999), p.65.

49.Interview with Pramila Dandavate in Meenakshi Nath, Cutting across partyline : “Women Members of Parliament Explain their Stand of Reservation Quotas” Manushi No 96 ( September- October-1996), p.12

50.Eleventh Lok Sabha Debates XIX (February 25,1997), 317.

51. See the interview with Margaret Alva in Meenakshi Nath, Cutting across partyline : “Women Members of Parliament Explain their Stand of Reservation Quotas” Manushi No 96 ( September- October-1996), p.9..

52. Prime Minister moots Special Facilities, Reservations for Women, The Hindu, March 9, 1999.

53. Sukumar Muralidharan,A Bill in Vain ,Frontline, January 10, 1997, p.44

54. Sukumar Muralidharan,A Bill in Vain ,Frontline, January 10, 1997, p.44

55. Menaka Gandhi “And the one who Differs….. Menaka Gandhi on Women in Politics”, Manushi No.96 (September-October, 1996, p. 19].

56.Twelfth Lok Sabha Debates IV,21,July 14,1998,248.

57. Twelfth Lok Sabha Debates,VII,11,December 14,1998,444.

58.Thirteenth Lok Sabha Debates,XV,11, March 8,2001,239.

59. Twelfth Lok Sabha Debates,VIII, 9 March 8,1999,649.

60..Deccan Herald,January 12,2012,p.11.

61. Deccan Herald,January 12,2012,p.11.

62.Shirin Rai,Class,Caste &Gender-Women in Parliament in India in Women in Parliament,Stockholm International Idea,2002,p.4.available at www.idea.int.

63. OBCs get reservation in government jobs, educational institutions but not in politics.See Dr.Parmanand Singh,Equality,Reservation & Discrimination in India-A Constitutional Study of SC‟s,ST‟s &OBC‟s,Deep & Deep Publications,New Delhi,1982 for details on such reservations.

24

64.“Furore in the Lok Sabha over women‟s quota bill”, The Hindu, 17 April 1997.

65.Twelfth Lok Sabha Debates, VIII 9 (March 8, 1999), 654.

66.Laura Dudley Jenkins:Competing Inequalities,The Struggle over Reserved Seats For Women in India,International Review of Social History,44(1999), Supplement 57.

67.Rajinder Sachar,Women‟s Reservation Bill-A social necessity,national obligation,PUCL Bulletin,July 2003,p1.

68.Rashmi Arora,No more discussion on the Women‟s Reservation Bill say activists at www.infochangeindia.org.

69. Study on elected women representatives in Panchayat Raj Institutions, Ministry of Panchayat Raj, Government of India, April 2008.See Sadhna Arya:Women,Gender,Equality and the State,Deep & Deep Publications,New Delhi,2000,pp.60-63 for details on the Indian Constitution and the Issue of Woman‟s Equality.

70. Datta. P.K., Status of Women in India, Advance Publication, New Delhi,1994.

71. Paleman Carde, The Disorder of Women, Democracy and Political Theory, Cambridge University Press, 1989, London.

72.Fareed Zakaria,First Ladies,in the Truest Sense,Newsweek,28 November 2005,p.4.

73. Fareed Zakaria,First Ladies,in the Truest Sense,Newsweek,28 November 2005,p.4.

74.Rashmi Srivastava,The Political Scenario in India & Women‟s Role in Niroj Sinha(Ed),Women in Indian Politics,Gyan Publishing House,New Delhi,2000,pp.110.

75.Women‟s Reservation Bill may be a blunt Instrument,but no one has suggested anything better,March 8 ,2010,http://sandywriter.blogspot.com/2010/03/my-take-on-women‟s-reservation bill-html.p.4

76.Christine Keating,The Women‟s Reservation Bill in India,Disrupting the Post-Colonial Sexual Contract,Paper Prepared for Presentation at the American Political Science Association Conference,Boston,August 28-September 2,2002.

77.Women‟s political participation must be accelerated through quotas-U.N.Official.,See www.un.org.