Defining Reservation:

Reservation in common terms refers to an act of reserving, keeping back or withholding.

Reservation in the Indian Context:

Reservation in Indian law is a form of affirmative action whereby a percentage of seats are
reserved in the public sector units, union and state civil services, union and state government
departments and in all public and private educational institutions, except in the religious/
linguistic minority educational institutions, for the socially and educationally backward
communities and the Scheduled Castes and Tribes who are inadequately represented in these
services and institutions. The reservation policy is also extended for the Scheduled Castes and
Scheduled Tribes for representation in the Parliament of India.

The Rationale behind the Concept:

The underlying theory for the provision of reservation by the state is the under-representation of
the identifiable groups as a legacy of the Indian caste system. After India gained independence,
the Constitution of India listed some erstwhile groups as Scheduled Castes (SC) and Scheduled
Tribes (ST).

The framers of the Constitution believed that, due to the caste system, SCs and the STs were
historically oppressed and denied respect and equal opportunity in Indian society and were thus
under-represented in nation-building activities.

The Constitution laid down 15% and 7.5% of vacancies to government aided educational
institutes and for jobs in the government/public sector, as reserved quota for the SC and ST
candidates respectively for a period of five years, after which the situation was to be reviewed.

Women Reservation Policy in India!

The demands for special concessions and privileges to women are matters of right and not of
charity or philanthropy. When reservation for women in Panchayats was announced, some
people supported it but some others said that it would generate a spirit of denigration.
At the Panchayat level, one-third seats were reserved for women by making an amendment
(73rd) in the Constitution. Later on, a separate clause was added reserving one- third of seats for
the SC and ST women within the SC and ST quotas. This means that if there are 100 seats in a
local body, of which 23 seats are reserved for the SCs/STs, then 7 or 8 of these (23) seats would
be reserved for SC/ST women.

The 33 seats reserved for women would be adjusted to include the 7 SC/ST women seats so that
the general category of women reserved seats would come down from 33 to 26. Some states (like
U.P) have reserved seats for OBC women at the panchayat level. This means that out of 33 seats
for women, 7 will be for SCs/STs, 9 will be for OBC and 17 will be for general women.

Before the Bill on 33 per cent reservation of seats for women in the Lok Sabha was introduced in
December 1998; it had been prevented from being introduced on three different occasions: once,
during Prime Minister Deve Gowda’s time (1996), again during Prime Minister Gujral’s time
(1997), and once again, during Prime Minister Atal Bihari Vajpayee’s time (1998). At one stage
(during I.K. Gujral’s regime), the Bill was submitted to Gita Mukherjee Committee which in its
report, submitted in November 1996, recommended one-third reservation for women.

The Women’s Bill pending in the parliament (84th amendment to Constitution) at the time
of Vajpayee’s losing Vote of Confidence provided for:

(a) 33 per cent seats for v/omen in legislatures;

(b) It did not suggest reservation on caste basis (i.e., it did not permit reservation for SC/ST/OBC
women; and

(c) It suggested rotational system.

The question to be discussed today, therefore, is: Is reservation policy or protective

discrimination for women a logical and a useful strategy for ensuring justice and equal
opportunity to women? The argument in favour of the Bill is that Women’s representation in
politics will be a first step towards women empowerment. About two years ago, a leading
national daily published an urban opinion poll which showed wide support for the women’s
reservation bill. But then a number of articles were published against the Bill in a 10:1 ratio.

These articles had started appearing after one OBC member of the parliament (president of a
political party) had given a ‘parkatti’ (the bobbed-hair brigade) statement in the Lok Sabha
against the members of women’s organisations in a contemptuous way.

Several arguments are given against the Women’s Bill. The first argument is that the political
parties are talking in favour of the Women’s Bill only to appease and entice their voters. Their
non-seriousness in women’s empowerment is indicated by the fact that within their own
organisations they have not introduced the quota system, except the Congress Party which
introduced 33 per cent women’s reservation in the party only in December 1998.

Even the BJP (which succeeded in introducing the Bill in the Parliament in December 1998) had
allotted only 23 out of 477 seats it had contested in 1995 general elections to women, out of
which 13 women were elected. In the BJP Working Committee, out of 75 members there are
only eight women. In its 650-member National Council, there are only 150 women.

The Congress Party has only three women in its 20- member Working Committee. The
Communist Party has 12 women in its 150-member National Council, and three members in its
21-member National Executive. In September 1999 general elections for the Lok Sabha, no
political party has given tickets to women in more them 10 per cent cases. In some parties the
percentage of women candidates is not even 2 to 3.

The second argument is that reservation cannot achieve much. Intact, it can be counter-
productive. At best, reservation is ‘palliative’ and no decisive transformation can take place
unless such a measure is accompanied by structural changes in the nation’s productive relations.

The third argument is that our country is already divided in various groups. Women’s reservation
will further divide the population artificially. Reservation for the backward castes and tribes were
accepted under social conditions for a period of ten years only, and since then they have been
continued for vested interest of catching political votes.
The fourth argument is that it will affect the efficiency and working of the parliament, as even
now all women members in parliament are not active. There are cases of women MPs who have
never spoken in their term of five years or spoken only once or twice in five years. If a large
number of such women enter parliament, what will be the ‘nature’ and quality of debates? Even
in panchayats, a large number of cases of women sarpanchas have been reported where decisions
are taken by their husbands and other male members of their families. What can thus be expected
of women in parliament?

The fifth argument is that just as because of the reservation policy, the SC, ST and OBC officers
on higher administrative posts are working on the basis of caste and creed, women in parliament
too will take interest in women’s problems only. We want legislators who actively participate in
national and international issues which require vast knowledge and high education.

The sixth argument is that our experience in the last five decades has shown that the reservation
policy has not delivered the desired results. The candidates selected against reserved seats have
not been able to adequately articulate the grievances and needs of the people of their
constituencies.

The last argument is that reservations will generate conflicts and tensions.

The main demand of some leaders and political parties opposing the Women’s Bill is to include a
built-in quota for the OBCs and minorities within the women’s quota, i.e., they want caste-based
reservation along with gender-based reservation. Surprisingly, these leaders and political parties
have never demanded OBC reservation for men in the Lok Sabha, knowing well that if they did,
the number of OBC men in the Lok Sabha will sharply decline, which will lead to their
disempowerment.

Thus, what the members who want an amendment to the women’s Bill favour in not only gender
discrimination but also caste discrimination. The demand for representation for Muslims will
further contribute to discrimination on religious basis. Will all these discriminations (gender,
caste and religion) protect the secular fabric of the country?
Categorizing women on the basis of caste and religion will be a step towards their further
segregation in society because Muslim and OBC women representatives will have nothing to do
with the general problems and issues concerning women. They will be ‘sectoral’ leaders than
leaders of women in India.

Major political parties are taking vague positions on the issue of ‘quota within quota’ because
they are only concentrating on electoral benefits. They appear to be least bothered about in the
casteisation of political contests becoming institutionalized. What they want is an opportunity to
send their wives, daughters and sisters to parliament. The present and past experiences cannot be
forgotten.

Two former chief ministers of two states got their own wives nominated as candidates for
elections and one of them even became the Chief Minister in place of her husband. One
Congress MP in one state had to quit his Lok Sabha seat and his wife was nominated to contest
elections from the same constituency. The famous family consisting of mother, son and daughter
are occupying seats in the Lok Sabha since many years.

In November 1998 Assembly elections in three states and again in September 1999 general
elections for the parliament, many MPs manipulated to get their wives and other female family
members nominated for contesting elections. The opponents of the so-called concept of ‘dynasty
polities’ are themselves practicing ‘family managed’ politics.

The institution of democracy was expected to serve as instrument for building a new India. But
has it produced the intended results? For its failure, it is not the institution itself which is to be
blamed; it is the way it has worked, or the way it’s working has been distorted by those in power.

It is because of the vested interests of the middle classes and upper castes that our country has a
dualistic pattern of growth in which those with access to the holders of power flourish and the
population at the lower level (socially and economically) is denied all the tangible gains from the
development process. Will the reservation of seats for women and women’s increasing entry in
parliament remove the dissatisfaction of these people and give a new hope to poor, uneducated
and the backward communities of our country?
The disadvantaged people do need protection and opportunity to rise but opportunities cannot be
extended en masse and for all time to come. A watchdog body should keep an eye on the
progress of the introduced scheme and as soon as it is found that certain disadvantaged group no
longer needs the crutches of reservations, the scheme should be withdrawn.

The Women’s Bill has opened up the debate about the future direction of Indian politics and
society. Should male politicians and female activists look at the issue of seats in the legislatures
from purely limited political point of view? It appears that the goal of entering the corridors of
political power is becoming pre-eminent and the larger issues of social philosophy regarding
emancipation of women are being abandoned by everyone.

It will not be empowerment of women per se if they are segregated first on the basis of gender
and then on the basis of religion and caste. One suggestion is that we should be aiming at is not
the reservation of 33 per cent of seats for women but ensuring their participation in the political
system.

Whatever may be the theoretical arguments against the reservation policy, in practice this policy
will continue to be supported by all political parties because of the electoral advantage the
political parties derive from this issue. As such, the people, instead of raising the issue of
reservation, should raise the issue of vested interests of the political parties and political leaders
versus the logical interests of the common people in society. Secondly, there should be no
compromise on quality and efficiency. The eligibility conditions should be such that women may
think of political participation not for gaining status but for serving the community at large.

Women Rights in India: Constitutional Rights and Legal Rights

The rights available to woman (ladies) in India can be classified into two categories, namely as
constitutional rights and legal rights. The constitutional rights are those which are provided in the
various provisions of the constitution. The legal rights, on the other hand, are those which are
provided in the various laws (acts) of the Parliament and the State Legislatures.

Constitutional Rights to Women:

The rights and safeguards enshrined in the constitution for women in India are listed below:

1. The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].

2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].

3. No citizen shall be discriminated against or be ineligible for any employment or office

under the state on the ground of sex [Article 16(2)].

4. Traffic in human beings and forced labour are prohibited [Article 23(1)].

5. The state to secure for men and women equally the right to an adequate means of
livelihood [Article 39(a)].

6. The state to secure equal pay for equal work for both Indian men and women [Article
39(d)].

7. The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited to
their strength [Article 39(e)].

8. The state shall make provision for securing just and humane conditions of work and
maternity relief [Article 42].

9. It shall be the duty of every citizen of India to renounce practices derogatory to the
dignity of women [Article 51-A(e)].

10. One-third of the total number of seats to be filled by direct election in every Panchayat
shall be reserved for women [Article 243-D(3)].

11. One-third of the total number of offices of chairpersons in the Panchayats at each level
shall be reserved for women [Article 243-D(4)].
 12. One-third of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women [Article 243-T(3)].

13. The offices of chairpersons in the Municipalities shall be reserved for women in such
manner as the State Legislature may provide [Article 243-T(4)].

Legal Rights to Women:

The following various legislation’s contain several rights and safeguards for women:

1. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation

to protect women in India from all forms of domestic violence. It also covers women who
have been/are in a relationship with the abuser and are subjected to violence of any
kind—physical, sexual, mental, verbal or emotional.

2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention
of trafficking for commercial sexual exploitation. In other words, it prevents trafficking
in women and girls for the purpose of prostitution as an organized means of living.

3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent

representation of women through advertisements or in publications, writings, paintings,
figures or in any other manner.

4. Commission of Sati (Prevention) Act (1987) provides for the more effective prevention
of the commission of sati and its glorification on women.

5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any
time after the marriage from women.

6. Maternity Benefit Act (1961) regulates the employment of women in certain

establishments for certain period before and after child-birth and provides for maternity
benefit and certain other benefits.

7. Medical Termination of Pregnancy Act (1971) provides for the termination of

certain pregnancies by registered medical practitioners on humanitarian and medical
grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Act (1994)prohibits sex selection before or after conception and prevents the misuse of
pre-natal diagnostic techniques for sex determination leading to female foeticide.

9. Equal Remuneration Act (1976) provides for payment of equal remuneration to both men
and women workers for same work or work of a similar nature. It also prevents
discrimination on the ground of sex, against women in recruitment and service
conditions.

10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek
the dissolution of her marriage.

11. Muslim Women (Protection of Rights on Divorce) Act (1986)protects the rights of
Muslim women who have been divorced by or have obtained divorce from their
husbands.

12. Family Courts Act (1984) provides for the establishment of Family Courts for
speedy settlement of family disputes.

13. Indian Penal Code (1860) contains provisions to protect Indian women from dowry
death, rape, kidnapping, cruelty and other offences.

14. Code of Criminal Procedure (1973) has certain safeguards for women like obligation of
a person to maintain his wife, arrest of woman by female police and so on.

15. Indian Christian Marriage Act (1872) contain provisions relating to marriage and
divorce among the Christian community.

16. Legal Services Authorities Act (1987) provides for free legal services to Indian women.

17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain
specified grounds. It provided equal rights to Indian man and woman in respect of
marriage and divorce.

18. Hindu Succession Act (1956) recognizes the right of women to inherit parental
property equally with men.
19. Minimum Wages Act (1948) does not allow discrimination between male and female
workers or different minimum wages for them.

20. Mines Act (1952) and Factories Act (1948) prohibits the employment of women between
7 P.M. to 6 A.M. in mines and factories and provides for their safety and welfare.

21. The following other legislation’s also contain certain rights and safeguards for women:

1. Employees’ State Insurance Act (1948)

2. Plantation Labour Act (1951)

3. Bonded Labour System (Abolition) Act (1976)

4. Legal Practitioners (Women) Act (1923)

5. Indian Succession Act (1925)

6. Indian Divorce Act (1869)

7. Parsi Marriage and Divorce Act (1936)

8. Special Marriage Act (1954)

9. Foreign Marriage Act (1969)

10. Indian Evidence Act (1872)

11. Hindu Adoptions and Maintenance Act (1956).

22. National Commission for Women Act (1990) provided for the establishment of a
National Commission for Women to study and monitor all matters relating to the
constitutional and legal rights and safeguards of women.

23. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal).

Act (2013)provides protection to women from sexual harassment at all workplaces both
in public and private sector, whether organized or unorganized.
Reservation for Women: Why or Why not?

Providing reservations to a particular section of community in government jobs and other

institutions is generally the highlight of any political party’s agenda these days. Now there have
been discussions about providing reservations to women in government jobs and democratic
institutions like legislative assemblies and Parliament also. Sometimes one feels that basically
the reservation issue is nothing but a populist policy of a government, but still it is necessary to
discuss the rationale behind such a policy. Can reservations for women be an effective measure
and do the women really require such special treatment? These are the points which need to be
addressed.

It is nothing but a truism to say that the present status of women in the Indian society vis-à-vis
the status of men is far from satisfactory. For centuries, Indian society like most of the other
societies has been a male-dominated one. Perhaps the degradation of the status of women started
in the later Vedic period, because in the Rig – Vedic period we have references to many women
scholars like Matitreyi, Gayatri etc.

These women scholars might have been exceptions in the society, yet they did reflect upon the
general attitude of the society and a relatively good status of the women. But in the later Vedic
period the situation started changing drastically with the increased dominance of the puritan and
obscurantist ideas. Women’s condition had reached it abyss by the medieval period with systems
like “Sati”, “Parda”, polygamy, maltreatment of widows etc. entrenching themselves. Thus see in
the historical as well as contemporary perspective, reservation for women seems desirable.

Reservation for women both in government jobs and democratic institutions – would amount to a
positive discrimination. But it might foster a sense of inferiority complex among the women that
they have been, as if were, provided with crutches to walk on, to struggle in the demanding
world. Also, reservation for women, as we have seen in the cases of the Scheduled Castes,
Scheduled Tribes and Other backward Classes, would become a populist tool at the hands of
powers – that – be. In the circumstances the intention of every political party is to talk in terms of
reservation only, instead of hitting at the basic cause of such an inequality between men and
women.

Instead of providing any solution to this deep – rooted problem reservation for women may give
rise to social, political as well as psychological tensions. Besides, it is debatable if more women
will attend school, college and office merely because of reservation. There are many complex
reasons behind the low representation of women in the socio-political and economic profile of
the country which a reservation policy cannot hope to tackle, real leave overcome.

But the case for providing reservation to women as a means of providing opportunities to them in
a male – dominated society is equally strong. In spite of the fact that the country is supposed to
be “developing” in different walks of life the proportion of women to that of men in various
fields of national activities remains highly disappointing. Even after almost fifty years of
independence and eleven general elections, the 11th Lok Sabah is represented by about 40 odd
women MPs in a house of 545. At present there is no woman chief minister in the country and
even when there has been a woman CM in the past, it has always been an exception rather than
the rule. Also in the other strata's of decision-making and policy implementation the
representation of women is as low as ever.

Coming down to the common people the feeling is gaining ground that women should also be an
equal partner in the income of the family (not to talk of expenditure!) This changing attitude
towards women will get a good fillip once there are reservations for them in the job-market. For
women having potential but lacking in proper opportunities such a policy would be highly
beneficial.

One feels, however, that when one talks about reservation for women – whether for or against –
one does so in the context of urban or at best semi-urban scenario only. Considering the
condition of the rural women a policy like reservation, ad hoc as it is, will not have much of an
impact. Since independence the government has failed to achieve one of the most important aims
of the constitution makers – i.e. to provide compulsory education to all up to the age of 14. The
lack of political and administrative will and apathy has resulted in a lack of quality education at
all levels in the villages.

While the cult of public schools pro life rate in towns and cities, the impression of the collapsing
building of a village schools being attended by a paltry number of students, sitting on the floor
and getting “floored” by the outdated teachers has remained intact. The government has to
evolve a long term policy consisting of free or subsidized education to the village girls, opening
of all levels of schools within a reasonable distance and a compulsory fine to the teachers and
parents in showing any complacence into eh education of their students and wards.

Naturally, before taking, such a tough measure the government will have to acquire a courage of
conviction – a moral courage – to create a condition whereby the idea of the school – going girls
and boys as a source of family income does not exist.

Thus, the upliftment of women, empowerment of women becomes a question of uplift of the
society as a whole. Reservation for women can be a temporary sort of relief, as a means to clear
the backlog as far as possible but the greater aim of achieving complete equality between men
and women demands a much broader political, social and economic policy.
Women's Reservation Bill:

The Women's Reservation Bill or The Constitution (108th Amendment) Bill, 2008, is a lapsed
bill in the Parliament of India which proposed to amend the Constitution of India to reserve 33%
of all seats in the Lower house of Parliament of India, the Lok Sabha, and in all state legislative
assemblies for women. The seats were proposed to be reserved in rotation and would have been
determined by draw of lots in such a way that a seat would be reserved only once in three
consecutive general elections.

The Rajya Sabha passed the bill on 9 March 20101. However, the Lok Sabha never voted on the
bill2. The bill lapsed after the dissolution of the 15th Lok Sabha in 20143. Critics say gender
cannot be held as a basis for reservation alone other factors should also be considered e.g.
economic, social conditions of woman candidate especially when applying reservation for
educated women. There also is a growing demand for women reservation in pre-existing
reservations like OBC, SC/ST, physically handicapped etc. Some groups still demand that
reservation for women should be at least 50 per cent as they comprise 50 per cent of the
population.

1
"Rajya Sabha passes Women's Reservation Bill". The Times of India. 9 November 2018

2
"Uproar in India Over Female Lawmaker Quota". The New York Times. 9 November 2018.
3
Bill Track- Women's Reservation Bill [The Constitution (108th Amendment) Bill, 2008]". www.prsindia.org.
Retrieved 20 November 2018.