Status of Women’s Representation in Legislative Bodies in India
Status of Women’s Representation in Legislative Bodies in India
1. Introduction
Women’s representation in legislative bodies is a crucial aspect of democratic governance and gender equality. In India, despite constitutional guarantees and efforts to promote gender equality, women’s participation in politics, especially in legislative bodies, has historically been low.
2. Constitutional Provisions
A. Equality Before Law
Article 14 guarantees equality before the law.
Article 15(1) prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Article 15(3) empowers the State to make special provisions for women and children.
Article 16 guarantees equality of opportunity in matters of public employment.
B. Political Rights
Article 326 guarantees the right to vote to every citizen above 18.
Article 327 empowers Parliament to regulate elections to legislatures.
Article 243D and 243T (73rd and 74th Amendments) provide for reservation of seats for women in Panchayats and Municipalities respectively (up to one-third reservation).
3. Women’s Representation in Different Legislative Bodies
A. Parliament (Lok Sabha and Rajya Sabha)
Women’s representation in the Parliament has been consistently low, averaging around 10-12% in Lok Sabha.
Rajya Sabha (Upper House) has seen slightly better but still low representation.
As of recent data (2024), women make up roughly 14% of the Lok Sabha.
B. State Legislative Assemblies
Similar low representation, often ranging from 5% to 15%.
Some states have performed better (like Rajasthan and Uttar Pradesh) after women’s reservation bills for local bodies.
C. Local Self-Governments
The 73rd and 74th Constitutional Amendments (1992) mandated reservation of at least one-third of seats for women in Panchayats and Municipalities.
This significantly increased women’s political participation at the grassroots level.
Some states have increased reservations up to 50%.
4. Challenges to Women’s Representation
Patriarchal social structures.
Political parties’ reluctance to field women candidates.
Economic and social barriers.
Lack of adequate support and political will at higher levels.
5. The Women’s Reservation Bill (108th Constitutional Amendment Bill)
A proposed amendment to reserve 33% of seats in the Lok Sabha and State Legislative Assemblies for women.
Passed by the Rajya Sabha in 2010 but stalled in the Lok Sabha.
If enacted, it would mark a significant change in women’s representation at higher levels.
6. Relevant Case Law
A. AIR 1996 SC 1901 (S.R. Bommai v. Union of India)
Though primarily about federalism, the Court emphasized democratic principles, indirectly underscoring the importance of inclusive representation, including gender.
B. Prabha Dutt v. Union of India (1985)
The Supreme Court struck down rules restricting women’s entry into the Indian Army, highlighting constitutional commitment to gender equality.
C. Rajbala v. State of Haryana (2016)
Upheld educational qualifications for candidates in local body elections.
The case indirectly affected women’s participation in Panchayats by upholding qualifications that could restrict some women’s entry.
D. Laxmi Mandal v. Deen Dayal Harinagar Hospital (2000)
Affirmed the right to equality for women in public employment and appointments, which is crucial for their political empowerment.
7. Impact of Reservation in Local Bodies
Women leaders in Panchayats have demonstrated effective leadership and governance.
Studies have shown increased focus on social welfare, health, and education in areas led by women representatives.
It has helped change perceptions and encouraged political participation of women at higher levels.
8. Recent Developments
Several states have increased reservations beyond one-third in local bodies.
Political parties have slowly started to field more women candidates.
Discussions continue on passing the Women’s Reservation Bill for Parliament and Assemblies.
9. Summary
Aspect | Status/Fact |
---|---|
Women’s representation in Parliament | Around 10-14%, below global average |
State Legislatures | Similar low representation |
Local Bodies | Minimum one-third reservation mandated; positive impact |
Women’s Reservation Bill | Pending legislation to reserve 33% seats in Parliament and Assemblies |
Challenges | Social, economic, political barriers |
10. Conclusion
While India has made significant strides in empowering women at the grassroots level through constitutional amendments and reservations, women’s representation in higher legislative bodies remains low. Legal provisions and pending reforms like the Women’s Reservation Bill aim to correct this imbalance and strengthen democratic governance by ensuring women’s voices are heard equally in legislative processes.
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