Education

Reservation According to Gender in India

The issue of gender reservations in India has been much debated and developed. It has reflected the change in the country’s approach towards social justice and, more specifically, equality. One such noted and discussed concepts in this regard is the Women’s Reservation Bill, also titled the Constitution (108th Amendment) Bill. The bill is targeted at reserving 33% representation for women in the Lok Sabha, or the lower house of the Parliament of India, as well as state legislative assemblies. The motive behind the move is to correct historical imbalance in the political and governance representative machinery that has hitherto maintained low women’s participation.

The initiative to give a due share of representation to women in political institutions began in the 1990s. Although the bill was introduced as early as 1996, it has so far been burdened by several hurdles such as opposition from several political parties and groups. After numerous such hindrances, the bill was able to pass in the Rajya Sabha-the upper house-in the year 2010 but as of today, has failed to see its way through the Lok Sabha. The proponents of the bill argue that it constitutes a sine qua non for gender equality and empowerment of women within a highly male-dominated political system. Critics are more concerned, however, with the issue of tokenism and seek a holistic approach to the question of women’s empowerment.

Besides women’s reservation, the rights and representation of transgender and non-binary persons have also gained greater attention in India. The Supreme Court legally recognized transgender people as the third gender in its landmark judgment in 2014 in the case of National Legal Services Authority v. Union of India, guaranteeing them certain rights. This has been an important step toward inclusiveness, though challenges persist in the full integration of transgender and non-binary persons into political and social structures.

About Transgender persons, few policies have improved, such as the Transgender Persons, Protection of Rights Act, 2019, aimed at protecting the rights of and facilitating the inclusion into most aspects of life. This has been implemented at a very slow pace, with most transgender and non-binary individuals continuing to face discrimination and exclusion.

The debates that are continued over gender reservations in India speak loudly about the fact that true equality is a far cry in such a diverse society as Indian. Whereas much has been achieved, especially regarding women’s representation and transgender rights, much remains to be done to make sure that equality of voice and opportunity is guaranteed to everybody in India’s political and social landscape, irrespective of gender identity.

Overview: Women’s Reservation Bill

Historical Context

The Women’s Reservation Bill, popularly hailed as the Constitution 108th Amendment Bill, 1996, marked an epoch-making legislation in the Indian Parliament. It aimed at reserving one-third, or 33%, of all seats in the Lok Sabha, that is, the lower house of the Indian Parliament, and in each state legislative assembly, for women representatives only. More than anything, it was meant to address the gross imbalance in the gender representation of political India, where women have traditionally been pushed to the sidelines of political life.

The proposed bill was hailed as a great leap forward towards gender equality in Indian politics, long considered a male bastion. Though India has had significant women leaders, including Indira Gandhi, women are generally underrepresented in the legislative bodies. The introduction of this bill has evoked fierce debate and uproar. While the supporters contended that this bill was a necessary one to ensure women’s voice and would empower them to contribute towards governance, the opponents argued it as the height of tokenism which would bring dislocation in the political system.

The bill has faced myriad setbacks over the years and has been reintroduced several times but has not yet been transformed into an act. It demonstrates the tortured path of the interplay of social, political, and cultural factors that underline policymaking in India. Against all odds, the Women’s Reservation Bill still stands as a landmark symbol of gender equality’s continuing struggle in the country’s polity.

Passing in Rajya Sabha

From its journey, that was long and hard across the length and breadth of India, the Bill finally reached this milestone. The Bill was laid before the upper house of the Indian Parliament, Rajya Sabha on 9th March 2010, and has obtained passage with an overriding majority. Meanwhile, out of a total of members present, as many as 186 voted in favor for the Bill and only one against. This was a high point in India’s legislative history-the first time that such a Bill had succeeded in either house of Parliament. The passage of the Bill in the Rajya Sabha was not only a landmark as far as processes are concerned but a serious leap forward into the ongoing struggle for gender equality in India. It symbolized the growing recognition within the highest legislative bodies of the country to take on and rectify the long-standing disparities between the genders. This milestone then emboldened the women’s rights movement and underlined how legislation assists in furthering social justice in India.

Lok Sabha Stalemate

The Women’s Reservation Bill, despite its easy passage in the Rajya Sabha, was meant to reserve 33 percent of seats in the Lok Sabha and state legislative assemblies for women. Despite having passed the upper house in March 2010, the Bill got stuck in the Lok Sabha, never taken up for voting as of March 2013.

The reasons for the inordinate delay were the political differences and opposition from quarters. Several political parties and their leaders felt that the Bill needed to be considered and modified further, particularly in regard to the inclusion of sub-reservations for women from OBCs, SCs, and STs. In the absence of such provisions, they said, the bill would benefit only women from the relatively better-off sections and contribute to increasing inequality, rather than helping reduce it.

Criticisms of the Women’s Reservation Bill

While many have hailed the Women’s Reservation Bill as a panacea for making women’s representation in politics vibrant, there is no dearth of criticism either. Some of the main criticisms are as listed below:

Gender alone as the Criterion for Reservation: Many critics argue that making gender the sole criterion for reservation falls woefully short of requirements. They say it should focus on other factors besides this: for example, the economic and social conditions of women candidates. For example, reservations for educated women are not going to be able to help out those from economically deprived backgrounds. This might lead to a situation where the benefits of the reservation policy accrue mainly to women who already have access to political capital via family connections.
Impact on Women from Marginalised Communities: The other major fallacy that is being dragged against the Bill is that it may not consider, on equal footing, the needs of women coming from a marginalised community, whether due to their lower caste or economically weaker sections. Women in India are strongly divided along caste and class lines, and this division seems effectively to be used as one of the factors determining how far women at the lower levels of governance will be representative of issues affecting women in their constituencies. There is an apprehension that the reservation policy will benefit just a few women only, rather than effect a change in society at large.

Reservation of Women in Government Employment

In fact, in the recent past, many states in India have gone ahead to implement a policy of reservations for women in government jobs as a strategy for improving the factor of gender equality. The resultant policies have been designed to combat the prevalence of historic underrepresentation of women in domains concerned with public employment. In this respect, the reservation of a percentage of jobs for women will ensure an inclusive and representative workforce. It is also seen as an economic empowerment for women, affording them greater financial independence and other career opportunities. It would also mean a more varied perspective being brought into public administration and more representative governance. With more states contemplating pulling off a similar move, these reservations could prove vital in bringing down disparities in the Indian workforce.

Gujarat and Andhra Pradesh

This has been implemented in Gujarat and Andhra Pradesh, where a policy provides reservation for 32% of the posts in all public departments and services. The range is pretty wide: from the police to health and education to general administration. This move is a well-thought-out step toward mitigating the gender imbalance that had hitherto characterized these fields and ensuring fair opportunity for women in public sector employment. By so doing, the government hopes to increase the number of females in professional positions and contribute toward striking a balance in most fields of employment. This policy is also expected to bring in broader social and economic benefits: greater female employment leads to increased diversity in decision-making processes and results in better public services.

55% Reservation in Kerala

The state of Kerala has taken a path-breaking step toward gender equality in government jobs by announcing 55 percent reservation for women in all posts in the local self-governing bodies since 2015. This indeed is a progressive policy boasted of as a rather ambitious way of trying to mitigate the gender disparities, empower women in the public sector. Kerala does this by reserving an overwhelming majority of positions to enhance their representation and influence in local governance for an inclusive and balanced decision-making process. This will not only empower the women at the head of the institutions in the community but will also set a precedent for other Indian states to follow through with specific policies which could actually bring about gender equality and influence further reforms throughout the nation.

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

September 28, 2023, marked a historic adoption of the One Hundred and Sixth Amendment of the Constitution of India. The introduction was made during the Special Session of the Parliament in order to propose 33% reservation in the Lok Sabha and elected state legislative assemblies for women representatives. This amendment is a gigantic stride in Indian politics in the fight for gender equality, and its passage saw it celebrated as a victory toward change in women’s rights in the country.

Transgender and Non-Binary People: A Struggle to Be Recognized

Although the Women’s Reservation Bill was the central focus of gender-related legislation, substantial and rapid progress has been made in recognizing the rights of transgender people in India. For a long time, transgender and non-binary individuals have faced extreme discrimination and marginalization. However, recent legal and policy changes have aimed to change that.

Karnataka’s 1% Reservation for Transgender People

A drafting committee initiated the move in Karnataka in the year 2017 by drafting a policy to create a 1% reservation for transgender people in education and employment. The policy was issued on 21st July 2021, hence for the first time in India, this reservation was provided to the Transgender community in all government services by Karnataka. It says that if no suitable transgender candidates are available for a certain post, then the post is to be filled by a male or female candidate belonging to the same category.

Recognition of Transgender People in Tamil Nadu

The state of Tamil Nadu has been at the forefront of realizing transgender rights in India. On 6 April 2015, the Tamil Nadu government’s Backward Classes Commission passed a landmark decision by issuing a government order to classify transgender persons under the Other Backward Classes category, provided the inability to produce a community certificate. This judgment was a landmark move to integrate transgender people into the larger social and economic schema in an attempt to right the historical discrimination against transgender people through Indian society. By recognizing them in the list of OBCs, the Government of Tamil Nadu tried to bring various affirmative action benefits related to education, employment, and others for the betterment of the living standard of transgender people to ensure their inclusion in mainstream society. That was quite a futuristic initiative which acknowledged the peculiar problems faced by transgender people and aimed to create an environment friendly for them.

Whereas in June 2024, the Madras High Court quashed the 2015 order. The court had thus held that the order infringed several fundamental rights under the Constitution of India: namely, Articles 14, on equality before the law; 15, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth; 16, equality of opportunity in public employment; 19, protection of certain rights regarding freedom of speech, etc.; and 21, protection of life and personal liberty. Thereafter, the court directed the Tamil Nadu government to provide 1% horizontal reservation for the transgender community in education and employment in line with the judgment in National Legal Services Authority v. Union of India.

1% Quota of West Bengal for Transgender People

The Calcutta High Court has directed the West Bengal government to provide 1% quota for transgender people in public employment in June 2024. This judgment was seen as a serious attempt to ensure equal opportunity for transgender people in government employment. The court’s decision came from recognizing the peculiar challenges that face transgender people in their attempt to access education and employment and hence sought to redress the systemic discriminations which have conventionally deprived them of the same.

Conclusion

This reservation issue, regarding gender, has many dimensions in nature: social, political, and legal problems. These imperative steps are being made to strive for gender equality within Indian politics: The Women’s Reservation Bill and the recent constitutional amendment have created much interest and criticism in their implications, to be sure, of changing the contours of politics in India.

Similarly, the passing of policies like 1% reservation in Karnataka and court judgements in Tamil Nadu and West Bengal is a significant avenue towards recognition for transgender and non-binary people. Yet, barriers to education, jobs, and social services remain significant for people from these groups.

While India continues to grapple with these, among other issues, it is incumbent that policies at facilitating equality between man and woman are inclusive and responsive to the needs of all marginalized groups, such as women from disadvantaged backgrounds, as well as transgender and non-binary people. It is through this that gender equality and social justice for all citizens can be realized.

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