Education

Reservation According to Gender in India

It is the concept of gender reservation in India that has undergone much debate and evolution. It reflects the change in the country’s approach towards social justice and especially equality. One such noted and discussed concept in this regard is the Women’s Reservation Bill, also known as the Constitution (108th Amendment) Bill. This bill has been enacted with the sole intention of achieving 33 percent of all representation of women in the Lok Sabha, i.e. the Lok Sabha of the Parliament of India. That too should work in parallel with the Legislative Assemblies of the States. The idea seems to be one of correcting the imbalance that has historically existed in both the political and the governing representative system by maintaining the disproportionately low percentage of women so far.

This idea of giving women proper representation in political institutions came into the mind in the 1990s. Nevertheless, this bill got passed in 1996 and till date it has been opposed by many political parties and groups on various issues. After so many trials, it became a law to be passed by the upper house i.e. it was enacted by the Rajya Sabha in the year 2010 and could not be passed by the Lok Sabha till date. As envisioned by its supporters, it symbolizes the sine qua non for gender equality and women empowerment within an otherwise highly masculine political system. Importantly, the question of symbolism will bring many questions and critics will look for a holistic approach to the question of women empowerment.

Apart from reservation for women, there has been a greater emphasis on the rights and representation of transgender and non-binary people in India. Transgender people got legal recognition in the country after a landmark judgment given by the Supreme Court in the National Legal Services Authority vs Union of India case in the year 2014. It recognized the third gender of transgender people and promised some rights there too. Now this is a big step towards inclusion but integration is equally important from a political perspective; that is transgender people are included in politics as well.

Regarding transgender individuals, though some policies were improved: one such part was the Transgender Persons, Protection of Rights Act, 2019, which worked towards their welfare and integration with most of the things happening in the sphere of human interaction. It appears that this work has been done slowly, unfortunately, many of them will still bear the stigma of exclusion.

The debates on gender reservations in India loudly scream how far real equality is from its reach in a diverse society like India. What has been achieved so far is largely a result of the representation and rights given to transgender communities by women; much still needs to be accomplished to promise equality of voice and opportunity to everyone across the gender identity spectrum who shape India politically and socially.

Women Reservation Bill

Background

The Women Reservation Bill, also known as the Constitution 108th Amendment Bill, 1996, is the landmark legislation of the Indian Parliament. This piece of legislation had created an act by the reservation of one-third or 33% of the seats in the Lok Sabha—the lower house of the Indian Parliament—and in every state legislative assembly for women representatives only. It aims to remedy the inequality of political representation of Indian society, which has been strictly divided by gender so that women were not included at any point of the process in making a political career.

The pending bill has finally come as a step towards advancing equality between gender politics in the land of Indians. Indian politics was considered a male-dominated bastion till now. Though women had great leaders like Indira Gandhi, women comprise a small percentage of households. Hence, the bill always found its way to the limelight to create a fierce debate and uproar. Though supporters find it a necessary bill that will ensure women have a voice and empower them to contribute towards governance, opponents may argue that it amounts to utmost tokenism and brings disarray to the political system.

Though it has been introduced in the Lok Sabha, the Indian Parliament time and again, only to be tabled hundreds of times and never put into action until now; however, it well represents the troubled journey of the relative interplay between certain social, political and cultural factors that lead to the formulation of policies in India. The Women’s Reservation Bill stands against all odds as gender equality continues to fight for its bastion in Indian politics.

Passage in the Rajya Sabha

This was the final milestone reached by the bill after a long and laborious journey across the length and breadth of India. The bill has been introduced before the upper house of the Indian Parliament, the Rajya Sabha, on 9 March 2010 and managed to pass with an overwhelming majority. In the meanwhile, 186 members voted in favour of the bill and just one voted against it. This was a milestone in Indian legislative history—it was the first time, any such bill was being passed by two houses of the parliament. But again it was to be more relevant, even in terms of the procedures on which it was based, setting a crucial step for this long and difficult journey towards true gender equality. As it was welcomed with the approval of the upper houses of the country’s parliaments, it affirmed that the inequalities between the sexes must be dealt with and redressed. Hence, from then on, the turn to women’s rights was a galvanizing step for the movement. It highlighted how law encourages social justice and reason in India.

Lok Sabha Constellation

Even though it easily passed the Rajya Sabha, the Women’s Reservation Bill, aimed at reserving 33 per cent of Lok Sabha and state legislative assembly seats for women, was still stuck in the Lok Sabha and was yet to be voted on as of March 2013, even after having been passed in the upper house in March 2010.

Such delays were caused by political differences and opposition from quarters. Many political parties and their leaders felt that the bill needed to be thought through and amended more specifically with regard to the sub-sections for women belonging to the OBCs, SCs and STs. They said that in the absence of these provisions, the bill would disproportionately benefit women from relatively better-off classes and contribute to increasing inequality rather than helping to reduce it.

Criticism of the Women’s Reservation Bill

Although many greeted the Women’s Reservation Bill as a panacea for women’s representation in the political arena, there was no dearth of criticism. Some of the major criticisms are given below:

Gender alone as a criterion for reservation: Many have argued that making gender alone as a criterion for reservation falls far short of the requirements and the need for reservation. They say that this should focus on other factors, for example the economic and social circumstances of women candidates. For example, reservation for educated women would do little good to women from economically disadvantaged backgrounds. This could lead to a situation in which the beneficial effects of the reservation policy would be accrued primarily by women who already have access to political capital through family connections.

Of course, one of the most misguided responses where the Bill is being dragged is that it would not, on a par with, the needs of a woman from a marginalised community, whether due to her being from a lower caste or an economically weaker segment. Women in India are sharply divided along caste and class lines, and this division is effectively used as one of the factors deciding which women at the lower levels of governance will represent issues affecting women within their constituencies. There is apprehension that the reservation policy will only benefit a few women rather than changing the structure of society at large.

Reservation of Women in Government Employment:.

Indeed, a few years ago, many Indian states moved to adopt affirmative action such as the policy of granting reservation for women in government jobs as part of the tool to enhance the gender equality factor. The policies resulting from this measure are aimed at redressing the pre-existing disadvantage of women in the fields relevant to public employment. In light of these aspects, the provision of reservation by a certain percentage in government jobs will help in proper representation and competent workforce. It also serves as economic empowerment of women to provide more freedom to women in terms of finance and other professional scopes. It will also mean a more diverse outlook being brought into public administration and more representative governance. With more states looking to try something like this, these fears can only be a factor in reducing inequality in the Indian workforce.

Gujarat and Andhra Pradesh

The case of Gujarat and Andhra Pradesh applies, whereby a policy exists to provide reservation to 32 percent of all posts in public departments and services. The scope is very wide ranging from police and health and education to general administration. This has been a somewhat thoughtful attempt to rectify the given gender imbalance so as to bring about fair opportunities in the employment sectors of women folk in public sectors. In doing so, the government hopes to increase the number of women in professional positions and contribute towards creating balance in most areas of employment. This policy will have a greater chance of yielding greater social and economic benefits, because the larger the number of women in work, the more diverse the decisions to be made and ultimately the better the public services to be provided.

55% Reservation in Kerala

The state of Kerala has taken a step forward on the path of gender equality in government jobs. Since 2015, Kerala has announced a path-breaking step of reserving 55 percent of all posts under local self-governing bodies for women. This is indeed a progressive policy that is boasted as an ambitious way to try to reduce gender disparities by empowering women in the public sphere. Kerala does this by reserving an overwhelming majority of posts for women so as to add even more representation and influence to the local governance decision-making process. This empowers the heads of institutions at the grassroots level of the community, and, of course, sets an example that will soon be followed by other Indian states because this particular policy is specific to a state that actually brings about gender equality and eventually changes things across the country.

One Hundred and Sixth Amendment of the Constitution of India, 2023

On September 28, 2023, a significant amendment was passed in the Indian Constitution under the head of One Hundred and Sixth Amendment of the Constitution of India. The same was brought during the special session of the Parliament with a view to introduce 33% reservation in the Lok Sabha and elected state legislative assemblies for women representatives. This amendment is a giant step in the Indian fight for equality; it is celebrated with great fanfare when it becomes law. Now passed, it is being celebrated as a victory towards a change in the rights of women in the country.

Transgender and non-binary people: A struggle to be recognised

Although the women’s reservation bill was the major concern of gender-sensitive legislation, there has been quite significant and rapid progress in providing rights to transgenders in India. Transgenders were treated akin to aliens and simultaneously completely marginalised and neglected for centuries.

However, all this is now changing recently in the name of legal and policy reforms.

First 1 percent reservation in India: Karnataka for transgender employees

In 2017, the drafting committee of Karnataka started this process by drafting a policy that reserved 1% for transgender people in education and employment. It released the policy on 21st July 2021; For the first time in India, the state of Karnataka provided reservation to the transgender community in all its government services. It declares that if any transgender candidates are not suitable for the particular post, it is to be filled by a male candidate or a female candidate from the same category.

Transgender People Recognition in Tamil Nadu

Tamil Nadu was one of the states in India that came to the forefront for the realization of the rights of transgender people in India. On 6th April 2015, in a landmark decision, the government order by the Tamil Nadu Backward Classes Commission issued an Other Backward Class Certificate to transgender persons in as much as they cannot be provided with a community certificate due to a certain disability. This decision proved to be a significant step towards incorporating transgender people into the larger schema of society and the economy, as well as rectifying this historical discrimination against transgender people within Indian society. The government of Tamil Nadu attempted to merge various benefits related to affirmative actions on the issue of education, employment, and others that could raise the living standard of transgenders in order to include them in the mainstream by giving them status in the list of OBCs. This was quite an innovative initiative, which acknowledged the peculiar problems transgender people faced and sought to create a friendly environment.

On June 2024, the Madras High Court struck down the 2015 order. The court held that the order violates several fundamental rights in the Constitution of India, including: Article 14 equal protection of the laws; 15 prohibition of discrimination on grounds of religion, race, caste, sex or place of birth; 16 equality of opportunity in matters of public employment; 19 protection of certain rights relating to freedom of speech, etc.; and 21 protection of life and personal liberty. Later, the Tamil Nadu government was directed to introduce 1% horizontal reservation for transgender people in education and employment as per the judgment given by National Legal Services Authority vs Union of India.

1% quota in West Bengal for transgender people

The Calcutta High Court ordered the West Bengal government to establish a 1% quota for transgender people in public employment by June 2024. The judgment has been considered by the High Court as a serious attempt to bring transgender people within the ambit of equality of opportunity in government employment. This is because the court recognized the unique challenges that transgender people face in attempting to access education and employment and thus sought to redress the systemic discrimination that traditionally deprives them of it.

Conclusion

This reservation issue, with gender being one area, is something of various nature: social problems, political and legal. With these steps necessary in the pursuit of gender equality in Indian politics, the most current constitutional amendments come with such a thing – including interest and also a huge amount of criticism – which is inherent in the Women’s Reservation Bill – about changing the characteristics of Indian politics, to say the least.

Similarly, the 1 percent reservation in Karnataka, the decisions given in Tamil Nadu and the acceptance of transgender or non-binary genders in West Bengal are quite significant steps taken, but barriers towards education and job opportunities or other social benefits still exist.

Even as the country looks for ways to deal with such and many other problems, it is imperative to have policies related to equal opportunities in relationships between men and women that are comprehensive and address every marginalized section; this would include transgender and non-binary members as well as women at the most disadvantaged point. Only this will ensure gender equality as well as social justice for all citizens.

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