From women’s reservation to gender equality

Last week, the Parliament of India enacted a landmark change to the proportion of women’s representation in higher elected bodies. In spite of multi-partisan support to the law, it was not short of controversy. The contingency of delimitation to this law lends itself to ongoing legal and critical analysis. Equally, a great deal of Parliamentary energy was expended on the new Halls and symbolism of gender empowerment while the government squandered its best opportunity to forge a broad based feminist narrative. Notwithstanding the legislative intent, only a strong societal imperative towards parity in unpaid household, child raising and caregiving roles will result in achieving real gender justice.

Data from the Inter-Parliamentary Union shows that less than 25% of public offices are held by women whereas the percentage of women in Parliament, India is around 15%, with a ranking of 141 out of 193 countries. Even countries like Pakistan, South Africa,  and Kenya have a higher percentage of women elected representatives. Earliest efforts on reserving seats to the Parliament and legislative assemblies for women dates to 1999. The Women’s Reservation Bill has seen variations introduced  Over the last 25 years, attempts to enact a reservation law had run in to opposition from different quarters. That there is a strong and undeniable moral imperative to increase representation of women is beyond debate. The smooth passage of this women’s reservation law demonstrates the high degree of consensus and convergence of thinking around this issue.

The 128th Constitutional amendment enables reserving of one third of the seats to Parliament and state legislative assemblies. Prior to this law, similar reservation for women in elections to the local bodies has resulted in increasing the participation of women in governance across the country. Research by Tanya Jakimow of University of New South Wales and Niraja Gopal Jayal shows that, contrary, to popular belief, elected women representatives have over time asserted their presence over time in spite of interference from male family members. That a similar outcome may also be seen in higher elected bodies, which results in greater feminist governance, is not unthinkable.

The present law, however, differs from its predecessor versions of the bill by including a contingent clause on the conduct of next census and subsequent delimitation exercise. Census and delimitation are not purely administrative eventualities. There has been a freeze on delimitation since 1976 in order to provide a level playing field among states to contain population growth. Southern states have been more successful in reducing population growth through a series of measures focused around women empowerment. It is now well understood that higher education among girls, increased female labour force participation and greater financial autonomy in women directly correlate with lower fertility rates. Ironically, states which have improved indicators around women empowerment would now stand to lose seats to Parliament if a delimitation exercise is held.

Another central issue revolves around the legality of the contingency clause itself. Whether a law, let alone, a constitutional amendment, can be contingent upon a uncertain future event requires determination by the constitutional courts. It is altogether strange that a much needed and near unanimous legislative reform is now inextricably tied to another future law which may not be dealt with until after the next general elections to the House of the People.

The Menace of Unpaid Labour

In spite of the law, and its laudable intent, the ultimate game changer and lies in changing societal approach to gender roles. Representation of women to elected bodies must necessarily be seen in the larger context of female labour force participation in India, which is abysmally low by any standards. Real and substantive gender justice will only be achieved when there is an equitable and fair sharing of household chores and domestic responsibilities, which are all aspects of unpaid labour. 

Recent research from National Sample Survey’s Time Use data (2019) shows that for 97 minutes spent daily by men on unpaid domestic services for household members, women spend 299 minutes. Women spend 134 minutes on average daily on unpaid caregiving for household members when compared to 76 minutes spent by men.The disproportionate and unreasonable burden of household responsibilities saddled upon women by the patriarchal societal mindset will need to be overhauled if women are to fully and effectively participate in the labour force, let alone hold the highest elected representative positions in the country. In this context government programs which recognise unpaid labour done by women within households, like the Magalir Urimai Thogai in Tamil Nadu, are designed to recognise and address the vast gulf in unpaid household labour. 

The Urimai Thogai scheme is a monthly cash transfer program similar to those in West Bengal, Assam and Delhi. However, Urimai Thogai meaning Entitlement Amount deviates from schemes in other states by building on strong feminist foundations around recognition of unpaid labour. The scheme is devised not as a largesse but as an obligation to women who carry a disproportionate burden on chores, child raising and caregiving. While Tamil Nadu has already a greater number of women in the active labour force, in comparison with the rest of the country, the Urimai Thogai scheme along with free bus passes for women is expected to drive numbers up over the next two decades.

Symbolism vs Substantive Justice

Nevertheless, when the proportion of women in higher elected bodies increases in accordance with the present law, questions still remain with regard to building capacity for first time representatives. initiatives in other countries such as EMILYs List offers an interesting case study on sustaining women in political arena. EMIL’s List, a Political Action Committee, based in the United States of America has been providing campaign guidance, mentorship and building capacity for women as they enter politics. Active for nearly four decades, EMILYs List has helped elect 201 members of Congress (equivalent to the House of the People) and 20 Governors (similar to Chief Minister).  

Regardless of whether political parties actively groom women leaders, it is now the duty of the governments – both, present and future – and to build capacity and ensure that the reservation model leads to successful outcomes. The role of the National Commission for Women and the Parliamentary Committee for Women Empowerment need to be significantly revised to ensure that Women Reservation law does not stay a symbolic gesture towards equality and empowerment. Similarly, the recognition of unpaid labour and equitable sharing of household duties will ultimately dictate whether substantive reform in gender equality is achieved. 

Manuraj Shunmugasundaram

DMK Spokesperson and Advocate, Madras High Court

Link to the Article: https://www.thehindu.com/opinion/op-ed/from-womens-reservation-to-gender-equality/article67352705.ece