Part 6

Part 6

Indian Scenario

Though women have held the posts of President, Prime Minister, as well as Chief Ministers of various states still India has a minimal percentage of 10.0% women elected representative in the present national parliament. Globally this number is double, at 20.4%. The severe political underrepresentation of women in elected office as well as in political parties presents a very grim situation for gender equality in India.

An analysis of Election Commission of India (ECI) data highlights that in the outgoing 15th Lok Sabha, only 59 of the 543 seats were occupied by women. Even in terms of the number of candidates who contested elections, the scales were tilted vastly against women .Of the 8070 only 556 or 6.9 percent were women.

Female candidates fielded by Parties in 2009

National Parties – 24%

State Parties – 5%

Registered unrecognized parties – 34%

Independents – 37%

(Source: Election Commission of India).

Thus, only 29 percent of these women candidates were ticket-holders of national or state political parties. While 34 percent of the female candidates belonged to registered unrecognized parties, 37 percent ran as Independents. This has been the trend for women candidates since 1989.

Though political parties in India have increased outreach among women voters (women turnout during India's 2014 parliamentary general elections was 65.63%. compared to 67.09% turn out for men-(state-wise voter turnout in General Elections 2014, Government of India 2014)but as far as the number of women ticket holders from these parties is concerned it is significantly low. The number of women ticket holders from state parties fell sharply from 66 in 2004 to 27 in 2009. For national parties, the number of women candidates actually increased from 110 to 134, but nearly 60 percent of this increase is credited to the BJP alone (Election Commission of India).

In the 16th Lok Sabha election in 2014, 61 women have secured seats in the Lok Sabha. We have maximum number of women parliamentarians from the state of West Bengal. It is 14 out of 42. Not a single woman representative has been selected from Haryana, Meghalaya and Jharkhand. ( Election Commission of India).

Though the three largest national parties in India i.e. the Indian National Congress (INC), the Bhartiya Janata Party (BJP), and the Communist Party of India (CPI) have created women's wing (the BJP's wing is the BJP Mahila Morcha, the INC's wing is All India Mahila Congress, and the CPI's wing is the National Federation of Indian Women) but unfortunately they are not fielding enough women candidates. It is highly ironical that Congress Party is headed by Ms. Sonia Gandhi, Trinamool Congress is led by Ms. Mamta Banerjee, AIDMK is having Ms. Jaylalita as its Chief and BSP has Ms. Mayawati as its Supremo and yet there are not enough representations of women in these political parties.

However, it is interesting to note that different political parties make tall claims about women's inclusion in every rank and file. According to the constitution of the INC, 33 percent of the seats in different committees, 33 percent of members of the Executive Committees, and 33 percent of the seats for the All India Congress Committee (AICC) are to be reserved for women". (INC, 2010). Similarly, Rule 9 of the Trinamool Congress's Constitution "reserves 33 percent of seats in different committees for women". (All India Trinamool Congress; constitution). Even the Aam Aadmi Party has a ruling that "7 of the 30 members in its highest executive body be women". (Aam Aadmi Party; our constitution).

But, the challenge among Indian political parties is that these impressive constitutional rules are seldom followed. In the case of INC, only 5 of the 42 members of the party's executive body, the CWC, are women. Similarly, 6 of the 57 AICC members are women and only 4 of the 14 members of their Election Committee are women. However, 30 (of 35) state screening committees for elections don't have a single woman. (INC; organization).

Data from Trinamool Congress and AAP are also far from satisfactory, within the Trinamool, none of the 30 Presidents are women, and only 2 out of the 8 General Secretaries, and 1 out of 14 Secretaries, are women. The party has 10 frontal organizations in West Bengal, of which only one – the Trinamool Mahila Congress – is led by a woman (All India Trinamool Congress: Office Bearers). The AAP has 24-member National Executive, of which only two are women. This is significantly less than the 25 percent benchmark stated in their constitution.

Both the BJP and the Congress were severely criticized by the Communist Party of India (Marxist) for their failure to pass the women's Reservation Bill in Parliament, stating that "denying women their place in elected policy making institutions, is a subversion of democracy", (Communist Party of India: Marxist). Ironically, the CPI (M) itself has failed to adequately represent women in the Party's top leadership positions. There is only one woman in the 12 member polit bureau and only 11 out of the 74 Central Committee members are women (Communist Party of India (Marxist): Leadership).

BJP is the only party from which the data is encouraging. Its experiment with internal party quotas has been more successful. In 2007, the party changed its constitution to include 33 percent reservation for women, following the recommendations of a committee led by Ms. Sushma Swaraj. This was followed with another amendment in 2010 that increased the number of women in cadre posts.

The powers of the BJP Mahila Morcha are clearly defined. At the national level, the National President of the Mahila Morcha serves as an ex-officio member of the Central Election Committee, which is responsible for making the final selection of candidates for the State

Legislatures and Parliament, as well as administering election campaigns. Similarly, at the state level, the President of the State Mahila Morcha serves on the State Election Committee.

As a result of these changes in BJP, we find certain improvement in the women's representation in the party. 26 of the 77 members, or 33.7% - of the BJP National Executive are women leaders. Women comprise 26% of BJP national office bearers. Despite these improvements, certain statistical data raise concern. Only 2 of the 19 members of the Central Election Committee are women; out of the 12-member Parliamentary Board, there is only 1 woman representative. There is no female representation on the Economic, Agriculture, Security and Legal groups (BJP,Organization).

Consequently we find that most political parties in India flout the rules of their own constitutions. The absence of women in party leadership position exposes the gender-biased patriarchal attitude of political-parties in India. It also highlights the absence of a pipeline of women leaders. Our political apparatus has collectively failed to nurture women leaders, leaving it unprepared even if quotas in Parliament be legislated.

Therefore, Indian Political Parties must realize their critical role as gatekeepers in women's political participation. National Parties like the BJP and Congress, or new Parties such as the APP each have to evolve internally to facilitate a greater culture of inclusiveness and operational democracy. The Election Commission of India too can play a pivotal role by holding parties accountable for their stated rules and promises in their constitutions and manifestos

Importance of women in Political Parties

 The active participation of women makes democracies stronger. According to research,

both men and women believe that "government is more democratic if it includes a substantial proportion of women". (Leslie A. Schwindt-Bayer and William Mishler,2005).  Women are viewed as less corrupt.  Women are effective money managers.  Women help in establishing support groups for political parties.

Benefits for Women

 Women get opportunity to utilize their talents.  Women can serve as catalyst for change on behalf of other women.  Expands the pool of women willing to go for public office.  Changes the perceptions of society and political stakeholders regarding women's

capacity.  Strengthens confidence of women to influence policy agendas in Parties and Parliament.

Benefits for Political Parties

 Improves a Political Party's Image and Reputation. Formulating and publicizing a

clear policy in support of gender equality may have a positive impact on increasing the party's legitimacy, membership and voter base.

 Enhance Party Platforms and Policy agenda. A large scale survey of members of

parliament undertaken by the Inter-Parliamentary Union (Inter-Parliamentary Union, Reports and Documents, 2008) found that more than 90 Percent of respondents agreed that women bring different views, perspectives and talents to politics by introducing new perspectives into policy areas traditionally dominated by men, such as defence, security, economics and business. Women's role in peace and reconciliation efforts, conflict prevention, post-conflict rehabilitation and peace building more generally can bring new views on how to prevent, manage and resolve conflict. Women also provide specific expertise on social issues like education, health care and welfare.  Strengthens Political Party's Electoral and /or Campaign Strategies: Diversifies

Electoral Strategies by Diversifying Candidates

A national or regional list of candidates that reflects a cross section of society can help maximize the potential electoral appeal of political parties to different groups in the voting public. Including more female candidates can thus help to "get out the vote" among women members of the electorate. Especially local community leaders tend to be chosen from among teachers, medical nurses, doctors, shopkeepers or small-business owners-positions that women hold in large numbers. (ODIHR, 2012).Female voters may feel inspired and motivated to vote if they see a woman running for office.

 Expands the party's pool of skills, knowledge and expertise

Inclusion of greater number of women into political party leads to the expansion of the pool of resources-skills, knowledge and expertise-that woman can bring to political parties.

 Combats Falling Party Membership

The evidence suggests that engaging more women in politics provides tangible benefits for political parties. In many countries the turnout of women voters is more in comparison to their male-counter part. A recent report of the United Nations Development Programme (UNDP) and the National Democratic Institute (NDI) states that women can "deliver the margin of victory for successful parties and candidates", ( UNDP/NDI, 2011). Growing numbers of parties around the world have found that nominating more female candidates can be one way to attract women voters for the party (Louise K. Davidson-Schmich, 2006). On the other hand, women-once elected-can strengthen the party in important ways in addition to the vital work that non-elected women perform at the grassroots level.

Benefits for Society

Society in general benefits from the increased representation of women in political parties and elected office. Women's political presence can ensure that policy issues affecting women in particular are channeled into political debates. In raising awareness about gender-based discrimination in all spheres of political and public life and enhanced socio-economic development, women's greater presence is essential.

 Increases Public Trust in the Political System.

The presence of women in political office, both elected and appointed, can increase the political system's legitimacy and, thus, public confidence in the system.In addition, greater inclusiveness and representativeness of the electorate in political office can lead to greater political stability, constituting one of the most effective tools of conflict prevention.

 Impacts the Policy Agenda

A critical mass of women in politics can bring vital attention to issues that disproportionately affect women. Many countries the world over continue to face major challenges in achieving gender quality in the areas such as education, remuneration, labour market, military service and social issues like health care domestic violence, trafficking. If women are absent from politics or constitute only a small fraction of elected assemblies, such issues are not likely to be prioritized or addressed.

 Contributes to Socio-Economic Development

There is some evidence suggesting that a higher number of women in elected offices lead to greater economic advantages. The World Bank argues that promoting gender equality is "smart economics", because it can increase output per worker by 3 percent to 25 percent across a range of countries: "Countries that create better opportunities and conditions for women and girls can raise productivity, improve outcomes for children, make institutions more representatives, and advance development prospects for all". (World Development Report, 2012).  Promotes Better Understanding of Gender-Equality Issues In Society

When elected representatives are able to define gender equality and identify the benefits of gender equality for society at large, there is a greater chance that these messages can be communicated in a positive way to citizens-both male and female.

General factors which may contribute in increasing women's representation in politics

Since the 1990s the representation of women in Parliament has become a focal point for gender-equality campaigning both at transnational and national levels. Political scientists have undertaken numerous case studies to identify factors that foster increased representation of women. These analyses relate women's representation to various institutional factors such as quota laws, the electoral system type, and the strength of left-wing parties; to socioeconomic indicators such as the GDP per capita; to contextual factors such as the number of women in the workforce; and to cultural indicators such as the degree of religiosity in a state.

While the factors that contribute to higher levels of women's representation (that is, quota rules, proportional representation, large districts, and an egalitarian political culture) have been quite clearly identified in western countries, the same cannot be said for the non-western world (Schwindt-Bayer, 2010) .In fact, it may not be surprising, to find that the factors impacting on women's Parliamentary representation in developed countries are different from those in developing countries. (Daniel stockemer, 2015). Compared to citizen of high-income countries,

citizen in low-income countries tend to hold different or more traditional cultural values, face different economic realities (for ex., material needs may not be satisfied), and live under different political conditions.

The fairer representation of women in the workforce can create direct and indirect pressures for political parties to represent women within the party structures and in elected office (Darcy et al., 1994) But in poorer countries, women lack access to higher education and work in low-paid jobs in the agricultural or industrial sectors which are not considered viable for political participation.

Thus what we find is that even the female activity rate and their workforce participation is stronger in developed countries and this makes for a better chance of increased women's participation in representative bodies in developed countries. However, empirical evidence suggests a contrary picture. For example, in United Arab Emirates which is materially highly developed, women's representation ranges from 0.0 percent and in Rwanda which is economically a poor country, it is 56.3 percent. Even in some of the richest western countries (for example, Germany and Denmark) women's representation has stagnated. But on an average we find positive relationship between development and women's higher representation. From 1995 to 2010, women comprised 18.8% of all Parliamentarians in high income countries, slightly greater than 15 percent in medium-high-income countries, and around 12% in medium-low-countries and low income countries (Daniel Stockemer, 2015)

Therefore, we may conclude that with development, political and individual freedom may lead to increased women's political representation. Strong international pressures to include more women in public decision making may also complement these. The 1948 Universal Declaration of Human Rights (UDHR) enshrines "equal rights of men and women", including the right to participate in government. This declaration was followed by a number of international commitments in the area of women's rights, most comprehensively in the 1979 United Nations (UN) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the 1995 UN Beijing Declaration and Platform for Action (mandated that Member States "take measures to ensure women's equal access to and full participation in power structures and decision-making", and finally United Nations Decade for Women (1976–1985). All these reflect a new international commitment to the goals of equality, development and empowerment for all women.

Thus spearheaded by national and international feminist organizations, international organizations (such as the Inter-Parliamentary Union), and the creation of Parliamentary commissions on gender issues within national Parliaments, legislatures around the world have seen the number of women representatives increase. This increase is particularly sharp in postconflict states, where the norm of a balanced representation of the sexes is frequently incorporated into the design of new institutional framework. As such, post-conflict countries such as Mozambique, South Africa, or Timor Leste have around 40 percent female representations and in the case of Rwanda, as mentioned earlier, it is 56.3 percent.

Despite such advancement, the road to gender equality in political representation remains a long one.

References

Aam Admi Party: Our Constitution,Viewed on 24 April 2014. http://www.aamaadmiparty.org/ourconstitution

All India Trinamool Congress: Constitution, Viewed on 24 April 2014. https://aitmc.org/partycons.php

All India Trinamool Congress: Office Bearers, Viewed on 24 April 2014. https://www.aitmc.org/office_bearers.php

Ann Towns, Women and States: Norms and Hierarchies in International Society (New York: Cambridge University Press, 2010) Anne Phillips, The Politics of Presence (New York: Oxford University Press, 1995); Jane Mansbridge, "Should Blacks Represent Blacks and Women Represent Women? A Contingent Yes", Journal of Politics, Vol. 61, No. 3, 1999, pp.628–657. Bhartiya Janata Party: Organisation, Viewed on 24 April 2014. http://www.bjp.org/org/organisation

Communist Party of India (Marxist): In Defence of Women's Rights, Viewed on 24 April 2014. http://cpim.org/elections-issues/defence-women%E2%80%99s-rights

Communist Party of India (Marxist): Leadership, Viewed on 24 April 2014. http://www.cpim.org/leadership

Consolidated Response on Establishing Women's Party Sections. iknow Politics,www.iknowpolitics.org, 2007 Dalton, Russell J. (1986) citizen Politics, Chatham, NJ: Chatham Home Publications.

Daniel Stockewer, Women's Descriptive Representation in Developed and Developing Countries, International Political Science Review, 2015, Vol. 36 (4) .

Dalrelup, Drude: "Quotas-A Jump to Equality?" in The Implementation of quotas: Asian Experiences (International IDEA: Stockholm; Sweden) Darcy, Robert, Susan Welch and Janet Clark (1994) Women, Elections, and Representation, 2nd edn. Lincoln: Nebraska University Press. Data source: Quota Project, International Institute for Democratic and Electoral Assistance, Stockholm and Inter-parliamentary Union E.E. Schattschnelder, Party Government, New York: Holt, Rinehart and Winston, 1942, P. 35 Empowering Women for Stronger Political Parties. A Good Practices Guide to Promote Women's Political Participation, UNDP/NDI, 2011,

<http://www.undp.org/content/undp/en/home/librarypage/womens-empowerment/empowerwomen-political-parties.html>, "Equality in Politics: A Survey of Men and Women in Parliaments", Inter-Parliamentary Union, Reports and Documents no. 54, 2008. . Frameeschet, Susan, Mona Lena Krook and Jennifer M Piscopo, The Impact of Gender equotas, New York, Oxford University Press, 2012.

Handbook on promoting women's participation in political parties, the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Warsaw,2014 Indian National Congress: Organisation, Viewed on 24 April 2014. http://www.inc.in/organization

Jenson, Jane (1995) Extending the Boundaries of Citizenship: Women's Movements of Western Europe, in Amrita Basu (ed), The Challenge of Local Feminisms, Boulder, Co: West view.

Kay Lawson,ed. A Comparative Perspective, yale University Press, 1980.

Leslie A. Schwindt-Bayer and William Mishler, "An Integrated Model of Women's Representation", Journal of Politics, Vol. 67, No. 2, 2005 Leys, Colin (2010) Politics and Change in Developing Countries Cambridge, Cambridge University Press.

Louise K. Davidson-Schmich, "Implementation of Political Party Gender Quotas: Evidence from the German Lander 1990–2000", Party Politics, Vol. 12, No. 2, 2006 Miki Caul, (1999) Women's Representation in parliament, The Role of Political Parties, Party Politics, Sage, London, Vol. 5, No. 1, PP79-98.

ODIHR, e-mail interview with Karolina Ó Beacháin Stefańczak, 31 October 2012. Quota Project: Country Overview http://www:quotaproject.org/country.cfm Schwindt-Bayer, Leslie (2010) Political Power and Women's Representation in Latin America. New York: Oxford University Press. UN Resolution of the G.A. 66/130 on women and political participation, 2012

Vyas, Neena (2007): "BJP for 33% reservation for women in party," 23 September, The Hindu http://www.thehindu.com/todays-paper/bjp-for-33-reservation-for-women-inparty/article1916300.ece

"World Development Report 2012: Gender Equality and Development", The World Bank, 2012,<http://go.worldbank.org/CQCTMSFI40>.

Paper-11, Module-15 Concept of Positive Discrimination Personal details Role Name Affiliation Principal Investigator Prof.Sumita Parmar University of Allahabad Paper Coordinator Prof. Chandrakala Padia

Vice Chancellor, MGS University, Bikaner & Chairperson, IIAS, Shimla. Content Writer/Author (CW)

Dr. Vinita Chandra Assistant Professor-cumAssistant Director Centre for Study of Social Exclusion and Inclusive Policy Faculty of Social Sciences B.H.U Content Reviewer (CR) Prof. Chandrakala Padia

Vice Chancellor, MGS University, Bikaner & Chairperson, IIAS, Shimla. Language Editor (LE) Prof.Sumita Parmar University of Allahabad

B) Description of Module

Items Description of Module Subject Name Women's Studies Paper Name Women, Governance & Politics Module Name/ Title, description

Concept of Positive Discrimination

Module ID Paper-11, Module-15 Pre-requisites The reader should have an interest in conceptual issues like justice and equality.

Objectives To introduce the concept of positive discrimination, particularly with reference to reservations for women. Keywords Justice, social justice, discrimination, positive discrimination, women's reservation

Concept of Positive Discrimation INTRODUCTION TO THE CONCEPT In any society, there may be some sections or groups who have suffered disadvantage in the past. For such groups, special ameliorative measures may be undertaken. Such special measures are known by different namescompensatory discrimination, reverse discrimination, positive discrimination, affirmative discrimination, positive action etc. Positive discrimination refers to a situation where individuals or groups are accorded special treatment in order to undo or compensate for the disadvantage that accrues to them out of their membership in a disadvantaged group or groups. Such disadvantage may emanate out of historical injustices or institutionalized inequalities in society. Positive discrimination has been practiced in one form or the other in many countries including the United States, India, Malaysia, and Sri Lanka. In spite of the fact that almost all of these countries subscribe to the principle of equality of opportunity for individuals, the argument given in favour of positive discrimination is that being a member of underprivileged group deprives individuals or groups of the equality of opportunity available to other members of the society. Positive discrimination, thus, is construed as a compensatory mechanism for making those equal who have been hitherto less than equal. As Wang suggests, "Such reasoning can take one or more of the following forms. First, the group or groups in question have suffered significant negative discrimination in the past, and society must therefore make restitution for this injustice. Second, the group(s) have special rights in the society by virtue of certain historical positions or constitutional provisions. And third, in the interests of the political integration of a plural society, the lines of economic and educational inequalities should cut across rather than coincide with racial or ethnic lines."1 POSITIVE DISCRIMINATION: DEBATE AROUND THE CONCEPT Positive discrimination has raised critical questions and raised a moral debate based on the philosophical principles of justice and equality and their application in practice. In fact, the term positive discrimination is sometimes considered an oxymoron – a self contradiction. Given the best of intentions, discrimination based on ascribed rather than achieved characteristics is unjust.2 While the rationale for positive discrimination policies proceeds from an awareness of the entrenched and cumulative structural character of historic inequality, and an urge to undo it or at least, compensate for it; it entails a systematic and deliberate departure from norms of formal equality. It is rather premised on the assumption that formal equality may tend to perpetuate and increase the

1 Bee-Lan Chang Wang, "Positive Discrimination in Education: A Comparative Investigation of its Bases, Forms, and Outcomes", Comparative Education Review, Vol. 27, No. 2 (Jun., 1983), p 192. 2 Clabaugh, Gary K., "Positive Discrimination", Educational Horizons, Vol. 73, No. 3, Special Issue: Mentoring (Spring 1995), p. 103.

historically existent inequalities and injustices in any society. While the notion of justice is itself complex, its confrontation with another complex notion of equality marks the domain of policies for positive discrimination, amounting to a slew of controversies. Positive discrimination may take various forms like reservations, quotas, and affirmative action. Acharya points towards the fact that the 'theme of affirmative action usually triggers controversies and evokes passionate reactions and debates among both the adherents and detractors… Both the most ardent advocates of affirmative action and its most vehement foes loudly proclaim their allegiance to the ideal of equality."3 Mohanty also points out, "The quest to rectify historical wrongs has triggered new and unanticipated social tensions."4 However, the rationale for furthering the policies of affirmative action varies from place to place and time to time. Mohanty has given two major approaches for justifying affirmative action- (i) forward-looking (i.e. utility based), which appeals exclusively to the good result expected from such programme; and (ii) backward-looking (i.e. reparations based), that focuses on past injustice and demands reparation. 5 However, looking at the causes for controversies, particularly in India, he further adds that, "In India affirmative action is essentially rooted in approach based on past injustice and reparations. Positive discrimination expresses wrong messages when they are based exclusively or primarily on either of these two arguments."6 Rai also points towards two kinds of programmesprogrammes for compensatory justice and redistribution programmes. 7 She writes, "Compensatory programmes differ from redistribution programmes mainly with regard to their concern with the past. Redistribution is concerned with eliminating the present inequalities, while compensatory justice is concerned not only with this but with also providing compensation for unfair burdens borne in the past."8 THE INDIAN CONTEXT In the case of Indian society, it has been accepted that some sections of society faced historic disadvantage and ameliorative measures are needed to undo the wrongs. "It is no more disputed that Indian society has been horizontally and vertically split and stratified on the basis of caste. Caste in India has been believed to have bred structure of cumulative institutionalized inequality. Since it has been a site for historical injustice and disadvantage, the principle of positive discrimination was adopted to retrieve the disadvantaged sections, specially the scheduled castes (SCs) and scheduled tribes (STs) …from the cul-

3 Acharya, Ashok, "Affirmative Action for Disadvantaged Groups: A Cross-Constitutional Study of India and the US", in Rajeev Bhargava (ed.), Politics and Ethics of the Indian Constitution, Oxford University Press, New Delhi, 2009, p. 267. 4 Mohanty, Amarnath, "Affirmative Action in India: An Alternative Perspective", Economic and Political Weekly, Vol.42, No. 30, Jul 28Aug 3, 2007, p. 3151. 5 Mohanty, Amarnath, "Affirmative Action in India: An Alternative Perspective", Economic and Political Weekly, Vol.42, No. 30, Jul 28Aug 3, 2007, p. 3152. 6 Ibid. 7 Rai, Sheela, "Social and Conceptual Background to the Policy of Reservation", Economic and Political Weekly, Vol. 37, No. 42 (Oct. 19-25, 2002), p. 4309. 8 Ibid.

de-sac."9 According to Christophe Jaffrelot, India was probably the first field for experimentation with positive discrimination policies; initiated by the Christian missionaries and the colonial authorities for the advancement of the underpriviledged. The British initiated the caste based quotas in the country and also established a nationwide legal system with the norm of equality before the law.10 Acharya also writes that affirmative action in India can be traced back to British India, through which the British ensured the equal representation of different communities.11 He further says that their discrimination was based on two principles, one to create a balanced situation between competing communities and the second was to divide anti-colonial forces or nationalist front. In fact, the central problem that confronted the Constituent Assembly while framing the Constitution of India was the problem of justice. Thus, the problem of justice acquired central focus of the constitution-makers, while they grappled with the challenge of striking at the roots of the accumulated historical injustice. The framers of the Constitution had a particular conception of justice in their mind. This conception as reflected in the underlying philosophy of our Constitution, is multidimensional, and encompasses not only the urge to foster socio-economic but political justice as well. Socio-economic justice implied rendering material and substantive benefits to the historically disadvantaged sections, in order to bridge the gap between different sections of society; and give the poor the right and opportunity to live a decent human existence. Political justice implied the right and opportunity to share political power and participate in decision making through political representation. However, apparently the socio-economic aspect was given precedence over the political justice. The three spheres in which policies based on the philosophy of positive discrimination have been applied in practice in India primarily arepolitical representation, educational institutions (mainly higher education institutions), and employment. Ashok Acharya defines affirmative action as "a formal effort to provide increased employment and education opportunity for unrepresented and disadvantaged groups at a level sufficient to overcome past pattern of discrimination and present structural inequalities."12 The Constitution makers, while ensuring equality before law and equal protection of law, and prohibiting discrimination against any citizen on grounds of religion, race, caste, sex, place of birth; provided space for positive discrimination for the weaker sections of the society (Articles 15(4), 16(4), 330, 332, 335), and making special provisions for women and children (Articles 14, 15, 15 (3), 15 (4)). The principle of legislative seat reservations for scheduled (the lowest ranking) castes and scheduled tribes was enshrined in the 1950 Constitution…The constitution also allowed for positive discrimination to assist

9 Ibid., p. 3151. 10 Jaffrelot, Cristopher, "The Impact of Affirmative Action in India: More Political than Economic", India Review, Vol.5, No. 2 (April 2006). 11 Acharya, Ashok, "Affirmative Action for Disadvantaged Groups: A Cross-Constitutional Study of India and the US", in Rajeev Bhargava (ed.), Politics and Ethics of the Indian Constitution, Oxford University Press, New Delhi, 2009, p. 269. 12 Bhargava, Rajeev and Acharya, Ashok (eds.), Political Theory: an Introduction, Pearson Education India, 2008, p. 302.

'other backward castes'.13 The Government of India Act of 1935, which implemented the concept of group representation on a new scale; for the first time granted women reserved seats, along with some 11 other categories.14 While this got translated into reservations for the SCs and STs in all the three spheres referred to above, in the case of women, even the discussion remained limited to considering positive discrimination for women in the sphere of political representation alone. As discussed earlier, this too remained a contested domain beyond the smooth passage of the 73rd and 74th Constitutional Amendment Bills granting 33% reservations to women in the Panchayati Raj institutions. This also raises the question as to whether women have faced only political disadvantage in the Indian society in the form of exclusion from participation in political decision making. The policies directed at gender justice for women in India should be aimed at fostering socio-economic justice along with political justice. This has given rise to the debate on whether positive discrimination for political justice in the form of granting political representation, may foster socioeconomic justice or not, and has prepared the ground for defeat of the proposals for women's reservation. 1.4 POSITIVE DISCRIMINATION FOR WOMEN IN INDIA The problem of justice remained the cardinal problem for the Indian state after independence, even though this has been the central focus of the Indian Constitution. Even in the case of the weaker sections of the society, much success could not be achieved in spite of a long history of reservations. Also, new tensions have come to the fore on the issue of representation. At the outset, it needs to be acknowledged that the need for positive discrimination for women is not as pronounced even in the Constitution as for the weaker sections. Nevertheless, positive discrimination policies for women are provisioned in the Indian Constitution, which is reflected in the Preamble, fundamental rights, fundamental duties and directive principles of state policy. These policies not only provide the equal status for women but also direct the state to make provision for the betterment of the socio economic and political condition. As women in India faced dual discrimination and exploitation based on caste and gender, to erase these dual identity based atrocities Indian constitution empowers women through many privileges. Few of the most important provisions in this respect included-

(i) Equality before law for women (Article 14) (ii) The State not to discriminate against any citizen on grounds only of religion, race , caste, sex, place of birth or any of them (Article 15 (i)) (iii) The State to make any special provision in favour of women and children (Article 15 (3))

However, as mentioned earlier, unlike the SC/STs, the debate on positive discrimination for women in the form of reservations for women took a particularly sharp turn in the case of such provisions in legislative bodies. In fact,

13 Randall, Vicky, "Legislative Gender Quotas and Indian Exceptionalism: The Travails of the Women's Reservation Bill", Comparative Politics, Vol. 39, No. 1 (Oct., 2006), p. 66. 14 Lama-Rewal, Stephanie Tawa, "Fluctuating, Ambivalent Legitimacy of Gender as a Political Category", Economic and Political Weekly, Vol. 36, No. 17 (Apr. 28May 4, 2001), p. 1436.

as the history of women's representation tells us, the issue of reservations for women has faced ambiguity even amongst women representatives. When the question of reservations for women came up before the Constituent Assembly, it was rejected by the leaders of the Women's Movement themselves. The rejection was made on the plea that this kind of preferential treatment is to underestimate the strength of women to compete as equals,15 and would imply an admission of inferiority. Further, as Vina Mazumdar writes, "The Constitution's radical departure from inherited social values represented to women of that generation its intrinsic quality. For the women of my generation,…the acceptance of gender equality in the Constitution was the fulfillment of a dream…"16 However, the confidence with which this rejection was made, and the pleasure with which the provision of gender equality in the Constitution was embraced, could not survive for long. For this optimism belonged to the women from 'progressive middle class families, …trained in higher education, and having little experience of what life was really like outside their protected and privileged existence; in families, communities or institutions which did not feel it necessary to adapt to the Constitutional guarantees, or remained unaware of them.'17 A quarter century later, by 1974, when the report Towards Equality became public, it shattered the illusion of equality. The question of reservations for women surfaced again before the Committee on the Status of Women in India (CSWI). Opposition to the question of reservations for women came on similar counts as earlier. However, the report was an eye-opener and revealed the gross underrepresentation of women in all counts of life, particularly in decision making. On the issue of rural women, the Committee was unanimous in making the recommendation of establishment of statutory women's panchayats. The CSWI, however, rejected the reservation of seats for women in parliament and state assemblies. This was not an easy decision, however, as the members could not reach consensus on this point. The decision was reached at by a majority vote, wherein it was decided to uphold the position taken by women leaders in the Constituent Assembly. There were several points discussed in both favour of and against reservations for women. While the aforementioned points were discussed after a long practice of positive discrimination in the case of SCs, STs and OBCs; in the case of women, these very points were instrumental in rejection of reservations for women in legislative bodies as early as the 1970s when the report of the CSWI came out. This becomes evident on studying the reasons given by the CSWI for not favouring women's reservations in legislative bodies. The question surfaced again only during the 1990s, defined by Mary E. John as 'watershed years in India's history, a time of transition, when the nation-state we took for granted was subjected to unprecedented pressures from without and within.18 John locates the introduction of the 81st Amendment Bill in the context

15 Menon, Nivedita, "Elusive 'Woman': Feminism and Women's Reservation Bill", Economic and Political Weekly, Vol. 35, No. 43/44 (Oct. 21Nov. 3, 2000), p. 3835. 16 Mazumdar, Vina, "Political Ideology of the Women's Movement's Engagement with Law", CWDS Occasional Paper No. 16, CWDS, 2000, p. 5. 17 Ibid. 18 John, Mary E., "Reservations and the Women's Movement in Twentieth Century India", in Dhanda, Meena (ed.), Reservations for Women, Women Unlimited, New Delhi, 2008, p. 51.

of liberalization of the Indian economy, the anti-Mandal agitations against the extension of reservations to the Other Backward Classes (OBCs), the emergence of lower caste parties such as the Bahujan Samaj Party and the Samajwadi Party, and the rise of the dominance of a BJP led coalition at the Centre.19 It was in this context that the Women's Reservation Bill was mired in the conflict over demand for sub quotas for women belonging to Other Backward Classes and minorities. Speculating about the reasons 'why political parties who supported the reservation of seats for women in local bodies are reluctant regarding similar legislation at the parliamentary level, Shirin Rai and Kumud Sharma wonder, "Could it be that enhanced representation of women in the national parliament spells a far greater and immediate challenge to the gendered status quo within the party political system?" Or conversely, "Is it that the pattern of quota systems in India have shown that elite-based strategies of empowerment are less helpful to groups seeking greater recognition than those based on grassroots institutions?"20 While trying to identify the reasons for such hot contestation, the moot point is that the philosophy of positive discrimination itself is not free from contestation and debate. Plural societies have faced problems like group politics, and stigmatizing (of the positively discriminated groups) upon implementing positive discrimination policies. A major question regarding ascriptively based positive discrimination policies is the question of termination. Once begun, it is often politically difficult, to terminate such practices.21 Even one of the major issues strangling the Women's Reservation Bill was the question of the termination of the reservation thus granted. However, after the derailing of the Bill four times in the Lok Sabha, scholars have been debating on the causes for rejection of reservations for women. Particularly surprising has been the near smooth passage of the 33% reservation of seats for women in local bodies incorporated in the 73rd and 74th Constitutional Amendment Bills. This points to the fact that it is not the theoretical debate surrounding the principle of positive discrimination, that is instrumental behind the fate that the issue of women's reservation is meted out with. A bigger issue is perhaps, as Randall points out, that 'demands for reservations for women impinge on and must compete with actual or claimed reservations on behalf of other social categories in what is a crowded and bitterly contested arena.'22 This brings us to the debate on legislative gender quotas, and the contestation therein which has been cited as one of the most significant causes for the derailment of the Women's Reservation Bill. 1.5 SUMMARY  In any society, there may be some sections or groups who have suffered

disadvantage in the past. For such groups, special ameliorative measures may be undertaken.

19 Ibid., pp. 51-52. 20 Rai, Shirin M., "Democratic Institutions, political representation and women's empowerment: The Quota Debate in India", Democratization, Vol. 6, No.3, p. 88. 21 Wang, Bee-Lan Chang, "Positive Discrimination in Education: A Comparative Investigation of its Bases, Forms, and Outcomes", Comparative Education Review, Vol. 27, No. 2 (Jun., 1983), p. 201. 22 Randall, Vicky, "Legislative Gender Quotas and Indian Exceptionalism: The Travails of the Women's Reservation Bill", Comparative Politics, Vol. 39, No. 1 (Oct., 2006), p. 66.

 Such special measures are known by different namescompensatory

discrimination, reverse discrimination, positive discrimination, affirmative discrimination, positive action etc.  Positive discrimination has been practiced in one form or the other in

many countries including the United States, India, Malaysia, and Sri Lanka.  Positive discrimination is construed as a compensatory mechanism for

making them equal who have been hitherto less than equal.  Positive discrimination has raised critical questions and raised a moral

debate based on the philosophical principles of justice and equality and their application in practice.  Positive discrimination entails a systematic and deliberate departure

from norms of formal equality. It is rather premised on the assumption that formal equality may tend to perpetuate and increase the historically existent inequalities and injustices in any society.  In the case of Indian society, it has been widely accepted that some

sections of society faced historic disadvantage and ameliorative measures are needed to undo the wrongs.  In fact, the central problem that confronted the Constituent Assembly

while framing the Constitution of India was the problem of justice.  The three spheres in which policies based on the philosophy of positive

discrimination have been applied in practice in India primarily arepolitical representation, educational institutions (mainly higher education institutions), and employment.  The Constitution makers, while ensuring equality before law and equal

protection of law, and prohibiting discrimination against any citizen on grounds of religion, race, caste, sex, place of birth; provided space for positive discrimination for the weaker sections of the society (Articles 15(4), 16(4), 330, 332, 335), and making special provisions for women and children (Articles 14, 15, 15 (3), 15 (4)).  However, as mentioned earlier, unlike the case of SC/STs, the debate on

positive discrimination for women in the form of reservations for women took a particularly sharp turn in the case of such provisions in legislative bodies.  Reservations for women in legislative bodies, has been a demand turned down severally.

Paper-11 Module-17 Quota Politics and Gender Personal Details

Role Name Affiliation Principal Investigator Prof. Sumita Parmar

Allahabad University, Allahabad

Paper Coordinator Prof Chandrakala Padia

Chairperson ,IIAS, Shimla and Vice Chancellor MGS University Bikaner Content Writer/Author (CW)

Dr. Vinita Chandra Assistant Professor & Assistant Director Centre for Study of Social Exclusion and Inclusive Policy Faculty of Social Sciences BHU VARANASI Content Reviewer (CR) Prof Chandrakala Padia

Chairperson ,IIAS, Shimla and Vice Chancellor MGS University Bikaner Language Editor (LE) Prof. Sumita Parmar

Allahabad University, Allahabad

Description of Module

Subject Name Women's Studies

Paper Name Women, Governance and Politics

Module Name/Title

Quota Politics and Gender

Module Id Paper-11 Module-17

Pre-requisites The reader shall have an interest in understanding the issue of women's representation. Objectives To orient the reader towards how gender plays as a category in the dynamics of the quota politics. Keywords reservation, quota, women's reservation, gender

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QUOTA POLITICS AND GENDER

INTRODUCTION Promoting citizenship and equality have been the central concerns of all newly formed liberal democracies, particularly with a multicultural or plural society, based on hierarchies. Positive discrimination in the form of reservations implying the creation of statutory quotas for specific groups was believed to provide a solution.

In the Indian context, however, the subject of reservations has remained a 'critical issue in the political history of 20th century India.'1 In the 21st century, it still continues to be so, more so in the context of reservations for women. In the words of Mary E John, "…The fact that a subject like reservations carries such a powerful emotive charge, especially among the middle classes is yet another reason why a special effort is needed to uncover the many latent fears and tensions that may be implicated."2

Quota system is one of the modes of positive discrimination. "A quota is a numerical goal or requirement for the hiring or admission of the members of specified groups within a certain time and until a certain percentage is reached."3

Gender quota in legislative bodies has been an issue surrounded with controversy. There have also been proposals of gender quotas within the political parties themselves as an alternative to gender quotas in legislative bodies. The Nordic countries were the first ones to adopt gender quotas in political parties as the policy directed towards positive action for women in the1970s. In Germany too, gender quotas have been operated at the level of political parties. Through the 1990s, twelve countries in the Latin America adopted national quotas for women in parliament. Even some African countries and the East Asian country Taiwan have adopted gender quotas. Gender quotas have been seen as an effective way of redressing gender imbalance, and have been justified on grounds of gender justice and equality. However, this proposal also has been the ground for intense debate in the case of India.

TYPES OF QUOTAS The two most common types of electoral gender quotas are candidate quotas and reserved quotas.

1 John, Mary E, "Alternative Modernities? Reservations and Women's Movement in 20th Century India", Economic and Political Weekly, Vol.35, No. 43/44, (Oct. 21Nov. 3, 2000), p 3822. 2 Ibid. 3 Nickel, James M., "Preferential Policies in Hiring and Admissions: A Jurisprudential Approach", Columbia Law Review, Vol. 75, No. 534, 1975.

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Candidate Quota

Candidate quotas applies to the lists of candidates for election given by political parties. It specifies the minimum percentage of candidates for election that must be women. It could be done in two ways-

(i) Legal candidate quotas which may be laid down by the Constitution, in electoral laws or in the laws regulating political parties. Enacted by legislation, such a quota may force all the political parties to nominate/ select women as constituting the required percentage of electoral candidates. (ii) Voluntary party quotas which may be adopted voluntarily by political parties. Reserved Quota In this system, a certain number of seats in a legislature are set aside for women among the representatives. This may be done by specifying in the Constitution or enforcement through legislation. A constitutionally provided electoral quota for women is found in Nepal, Burkina Faso, the Philippines and Uganda. Legislative quotas are provided in many parts of Latin America, Belgium, Bosnia-Herzegovina, Serbia and Sudan.

Reserved seats may be filled by appointment or by election. Filling the reserved seats by election implies counting them among the electoral quotas. This is practiced in Uganda (where 56 seats are reserved for women, one woman in each district to be elected by a special electorate), Rwanda (where 30% of the seats are reserved for women by the Constitution, where women are elected by a special procedure), and Tanzania (where 20% of the seats are reserved for women, which are allocated to the political parties in proportion to the number of parliamentary seats won in an election). Reserved seats can also be filled by appointment. Examples of such a system being practiced are such as in Kenya and some Arab states.

Gender-neutral quotas

Instead of being gender-specific, as the abovementioned quota systems are, quotas can be genderneutral. Quotas for women require a minimum number or percentage of women. Gender-neutral quota provisions set a minimum and maximum for both sexes, typically no more than 60 per cent and no less than 40 per cent of positions for either sex. In the case of gender-neutral quota provisions, the quota sets a maximum for both sexes, which quotas for women do not.4 In countries with a high level of female parliamentarians, such as the Scandinavian countries, gender-neutral quotas have in a few cases led to men moving up on lists in order to fulfill the quota provisions.5 Gender neutral quota

4 Dahlerup, Drude, 'Increasing Women's Political Representation: New Trends in Gender Quotas', in International IDEA, Women in Parliament: Beyond Numbers. A Revised Edition (Stockholm: International IDEA), 2005, p 142. 5 Freidenvall, Lenita, Dahlerup, Drude and Skjeie, Hege, 'The Nordic Countries: An Incremental Model', in Drude Dahlerup (ed.), Women, Quotas and Politics, Routledge, New York and London, 2006, p 69.

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rules are sometimes used as a strategic choice in order to refute the arguments of opponents of quotas that they are discriminatory against men.

1.3 DEBATE ON QUOTA Arguments in defense of Gender Quotas

Anne Phillips has divided the arguments relating to proportion of women elected into four groups (1) those who dwell on the role model successful women politicians offer; (2) those that appeal to principles of justice between the sexes; (3) those that identify particular interests of women that would be otherwise overlooked; and (4) those that stress women's different relationship to politics and the way their presence will enhance the quality of political life.6 The following arguments have been made in favour of quotas for women, largely falling within Phillips four groups of arguments:

(a) It has been argued that 'institutionalised inequalities' require 'institutionalised counter measures.'7 (b) The question of women's under-representation in legislative bodies is also cited as one of the causes why gender quotas are considered to be necessary. As Kumud Sharma writes, "The number of women Parliamentarians has never exceeded more than seven per cent. The protagonists of reservation for women argue that the male dominated political system refuses to provide space for women, and reservation of seats will help in creating political space for women and will also lead to the social mobilisation of women. Women are arguing for parity and not charity and see reservation was a vehicle for social justice'.8 (c) It has been argued that only women can speak on behalf of women, expressing their wishes and concerns, and the diversity of their views. Women as representatives is thus expected to bring women's issues and perspectives into focus in the political space, and affect decision-making positively. (d) It is contended that 'fewer the women in public life the lesser the likelihood of distinctively female values, priorities and characteristics finding expression. Hence women's involvement in political process and decision-making in greater numbers can make a significant difference.' A faith in 'women's moral superiority in providing clean politics' is expressed.

Arguments against Gender Quotas

(a) Firstly, those arguing against gender quotas called it 'inherently undemocratic and against the

principle of inequality'.

6 Phillips, Anne, "Quotas for Women", in Dhanda, Meena (ed.), Reservations for Women, Women Unlimited, 2008, p 87. 7 Mazumdar, Vina, "Historical Soundings", Seminar, No. 457, September 1997, p 19. 8 Sharma, Kumud, "Power vs. Representation: Feminist Dilemmas, Ambivalent State and the Debate on Reservation for Women in India", CWDS Occasional Paper, 1998, p 14.

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(b) As Dhanda has pointed out, "It (gender quotas) raises troubling doubts about what it means to be

'represented'.9 There have been doubts regarding whether the quotas would sufficiently ensure women's issues to be taken up. Whether the women representatives would be able to and willing to voice out women's concerns in the Parliament? (c) It has been argued that gender quotas do not take into account the differences between women.

In the Indian context, this argument has been extended to the demand for quotas within quotas, or sub-quotas. (d) There have been doubts regarding the efficacy of such an intervention without necessary

structural changes in the society. As Singh commented, "To try and push reforms without necessary social support is mere adventurism, mere symbolism…the damaging impact of illthought intervention, even if the intention is noble, is no less serious than inaction and paralysis."10 (e) 'Questions have been raised against reservation as to whether an increase in numerical strength

of women in the political process and decision making bodies automatically leads to a qualitative shift in power and whether women on balance pay greater attention to the concerns of women more than male politicians. Problems of tokenism, visibility, marginality etc. are often discussed in referring to women as a 'minority' operating in a male domain. Women's rights and responsibilities to participate equally in political life should not however be treated as a 'minority' issue. The political space must belong to all citizens – women and men.' (f) There have been doubts about the caliber of women parliamentarians who might benefit from a

quota, without having any work to show for it. (g) There are doubts that gender quotas will lead to women being entrapped in divisive politics,

where women will be pitched against women. (h) Some have even referred to the problem of 'ghettoization' of women's issues. (i) Even those like Kishwar, who are in favour of increasing women's political participation, raise

technical questions regarding the suggested procedures for instituting gender quota in legislative bodies.11 (j) There have been doubts regarding the goal of gender quotas which is construed to be just 'mirror

representation' without any change in the power equations. (k) There has been skepticism regarding rise of nepotism, and tokenism; even to the extent where

Kishwar explicitly raises concerns regarding ending up with a 'biwi-beti brigade'.12 Even in the case of women representatives in local bodies, many of them have been labeled as 'proxy women',

9 Dhanda, Meena, "Representation for Women: Should Feminists Support Quotas?", Economic and Political Weekly, Vol. 35, No. 33 (Aug. 12-18, 2000), p 2969. 10 Singh Tejbir, "The Problem", in Singh, Tejbir (ed.), Empowering Women: A Symposium on Political Reservations for Women, Seminar, 457, New Delhi, September 1997; cited in Dhanda Meena, Op. cit., 2000, p 2969. 11 Kishwar, Madhu, "The Logic of Quotas: Women's Movement Splits on the Reservation Bill", Manushi, No. 107, p 31-39. 12 Ibid, p 32.

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where their husbands may act as stand-ins for them so much so that they can take decisions on their behalf. (l) It has been alleged that the bid to introduce the Women's Reservation Bill on gender quotas is an

upper caste ploy to stem the rising tide of lower caste men in legislative bodies. Wandana Sonalkar contends that the question of caste and gender as aspects of the citizen-subject has been brought to the fore, even as the 81st constitutional amendment brought up the issue of reservations for non-upper caste women within the reservations for women in parliament and state legislatures.13 Vasanthi Raman also writes, "In a plural society like ours, the political system has to ensure a modicum of equality between all the groups and communities if history's longest oppression is to be seriously tackled. This would imply that the struggle for gender justice and equality will have to be woven into the struggle for emancipation of each of the oppressed groups and communities."14 Dhanda has tried to analyze the impasse that is reached between those debating in favour of and against the gender quotas.15 While doing so, she has argued that justifications for gender quotas in legislative bodies must move beyond a 'consequentialist framework'. She has rather suggested paying more attention to 'identity concerns', as a 'more fruitful way of understanding the opposition and support for the use of gender quotas in ensuring the representation of women in legislative bodies.16

1.4 OTHER ISSUES Besides the above arguments for and against quotas, there have been other discussions and debates on the issue of quotas for women. These range from discussion on the determination of 33% as the 'critical mass', to theoretical issues, to challenges in implementation of quotas.

Why 33%? The Critical Mass Theory

The Women's Reservation Bill seeks to reserve 33% of the seats for women in the lower house of the Parliament and the state legislatures, based on the 'critical mass theory'. The theory stems from the seminal works of Kanter,17 and Dahlerup18. In a study of an American corporation with culturally diverse population, she found that the numerically manythe 'dominants' control the group's culture, while the numerically fewthe 'tokens' are reduced to symbolic representatives of their social

13 Sonalkar, Vanadana, "An Agenda for Gender Politics", Economic and Political Weekly, Vol. 34, No. 1/ 2 (Jan. 2-15, 1999), p 24. 14 Raman, Vasanthi, "Women's Reservation and Democratisation: An Alternative Perspective", Economic and Political Weekly, Vol. 34, No. 50 (Dec. 11-17, 1999), p 3495. 15 Dhanda, Meena, Op. cit. 16 Dhanda, Meena, p 2975. 17 Kanter, Rosabeth Moss, Men and Women of the Corporation, Basic Books, 1977. 18 Dahlerup, Drude, "From a Small to a Large Minority: Women in Scandinavian Politics", Scandinavian Political Studies, Bind 11 (New Series), No. 4 (1988), pp 275-297.

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category. Taking Kanter's work further to women in politics, Dahlerup argued that minorities in proportion ranging between 15 to 40 are strong enough to begin to influence the culture of the group. The notion of the critical mass is borrowed from Physics, which refers to the quantity needed to start an irreversible process. Dahlerup studied the Scandinavian Parliament, taking 30% as the critical mass for a minority to make difference. The Scandinavian Parliament had around one-third of its seats occupied by women at the time of this study. In 1990, the United Nations Economic and Social Council endorsed the implementation of measures to reach the target of 30% women in national legislatures by 1995.

However, there have been questions on the 'magic number' of 33% by some scholars. Madhu Kishwar points out that reservations to the SCs and STs in India was determined on the basis of their proportion in the overall population. Extending the same logic to reservations for women would imply extending 49% reservation to women.19

Theoretical issues

The discussion on quotas includes discussions on some important theoretical issues. As Dahlerup points out, "Quotas represent a change in public equality policy, from 'equal opportunities' to 'equality of results'."20 However, there are more theoretical questions regarding the concept of 'representation' itself. In her classic text, The Concept of Representation, Hanna Pitkin argues that there is no common understanding about the nature of representation and about what fair representation is.21 In regard to the distinction between the representation of ideas and social representation,22 quotas for women relate to the latter position. Opponents of quota systems often argue from the standpoint of the former. Menon also refers to this in her paper, where she alludes to the phenomenon of groups seeking recognition in representative bodies on the basis of ethnic, religious or gender identity as a shift from 'ideology' to 'identity'.23

While analyzing the many arguments against quotas, Anne Phillips asks why everybody accedes to the demand for women's participation, but not for equal representation. She advocates gender quotas in

19 Kishwar, Madhu, "Women and Politics: Beyond Quotas", Economic and Political Weekly, Vol. 31, No. 43 ( October 26, 1996), p. 2872. 20 Dahlerup, Drude, "Comparative Studies of Electoral Gender Quotas", Paper presented at the International IDEA Workshop, Peru, 23-24 February, 2003. 21 Pitkin, Hannah, The Concept of Representation, University of California Press, Berkeley, 1967. 22 Esaiasson, Peter and Søren Holmberg, Representation from Above – Members of Parliament and Representative Democracy in Sweden, Dartmouth Publishing, Aldershot, 1996; cited in Dahlerup, Drude, "Comparative Studies of Electoral Gender Quotas", Paper presented at the International IDEA Workshop, Peru, 23-24 February, 2003. 23 Menon, Nivedita, "Elusive 'Woman': Feminism and Women's Reservation Bill", Economic and Political Weekly, Vol. 35, No. 43/ 44 (Oct. 21-Nov. 3, 2000), p 3839.

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a system that combines the politics of ideas with politics of presence.24 Phillips only, thus, as Menon notes, 'makes a minimalist case for quotas, while rejecting the idea of representation.'25

Electoral Systems and Quota Designs: Quotas in Proportional Representation Systems

It has also been argued that quotas work differently under different electoral systems. As Dahlerup writes, "Quotas are most easily introduced in proportional representation (PR) systems and other multi-list systems."26 In general, it is much more complicated to construct gender quotas that are appropriate for single member constituency electoral systems (Dahlerup and Freidenvall, forthcoming). Only one-third of the countries around the world with plurality/majority electoral systems have introduced some sort of gender quota, as compared to four-fifths of the countries with PR systems (Dahlerup 2007: 80– 1).

Randall also writes that, "Ceteris paribus, women are much less likely to be selected as party candidates in single member districts under a first-past-the-post electoral system, because they will be in direct competition with men in a zero-sum contest. In addition, although in these circumstances gender quotas might seem more necessary, the evidence from developed countries indicates that parties are more reluctant to adopt them."27 Adoption of gender quotas is positively associated with party-list proportional representation systems and, perhaps more significant, multimember districts.28 It is to note that India adopted a single member first past-the-post system after independence in continuance of the one during the colonial times, rejecting the demands from minority groups, on the plea of it being a complex system to carry on.

Quotas in Political Parties

Many political parties in Europe have introduced party quotas through party statutes. Party quotas have been a common policy in Norway, Sweden and Germany. Table 1 shows the ways in which political representation had been granted to women in various countries.

24 Phillips, Anne, The Politics of Presence, Clarendon Press, Oxford, 1995. 25 Menon, Op. Cit., p 3841. 26 Dahlerup, Drude, "Comparative Studies of Electoral Gender Quotas", IDEA, 2003. 27 Randal, Vicky, "Legislative Gender Quotas and Indian Exceptionalism: The Travails of the Women's Reservation Bill", Comparative Politics, Vol. 39, No. 1 (Oct., 2006), p 75. 28 Caul, Miki, "Women's Representation in Parliament: The Role of Political Parties", Party Politics, No. 5, 1999, pp 79-98; cited in ibid., p 75.

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Table 1: Country data on political representation of women

Quota in Parliament Quota in political parties Sweden 47 (2006) No Yes Argentina 40 (2007) Yes Yes Norway 36 (2005) No Yes Canada 24 (2006) No Yes Pakistan 21 (2008) Yes No United Kingdom 20 (2005) No Yes France 18 (2007) No Yes USA 17 (2006) No No Sri Lanka 6 (2004) No No Sources: Global Database of Quotas for Women, International IDEA and Stockholm University and Inter Parliamentary Union (http://www.ipu.org/wmne/classif.htm).

Country % of elected women

The table shows that the countries where women are getting widest representation are mostly those providing for quota in political parties. In general, the political parties are the gatekeepers to gender balance in political decision making because they control 'the secret garden of nominations'.29 In democratic political systems, parties control or dominate the selection and nomination processes. This points towards recruitment, and an admission of the importance of such recruitments may lead to the contention that even legislative quotas may be rendered ineffective in the wake of absence of party quotas. Even the supporters of quotas have been skeptical regarding the possibility of reaching the level of quota even if it is enacted. There are others who consider quotas in political parties to be a better alternative. However, the reluctance of political parties to accept or implement party quotas offers a big hurdle in this. In India, only very few of the political parties have tried to increase the number of women in party organizations. This may have to do with the tacit acceptance of the fact that the political climate of the country renders it difficult for women to enter and survive in politics.

Menon refers to a proposal made by the Election Commission, whereby all political parties should mutually agree on the percentage of seats where they will mandatorily field women candidates in parliamentary and Assembly elections.30 This was, however, construed to be a 'compromise formula' by the Left parties, that will only ensure tickets for women, and not guarantee their victory.31 Menon says that such a move should be a self-regulatory move instead of being a kind of 'policing by the

29 Dahlerup, D. and Freidenvall L., "Electoral Gender Quota Systems and their Implementation in Europe", Directorate General for Internal Policies, WIP and IDEA, 2008. 30 Menon, Op. cit., p 3842. 31 Shahid Faridi 'Left Criticises Gill Formula for Women's Reservation', Asian Age, April 25, 2000; cited in Menon, Op.cit., p 3842.

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Election Commission'.32 Gail Omvedt also, while supporting the proposal of parties reserving a proportion of their tickets for women, does not talk about any role of EC in it.33

Kishwar, while proposing the Alternative Women's Reservation Bill (AWRB), also proposes enacting of a law to making it mandatory for all political parties to nominate women candidates in election in one-third of the constituencies. This should be done also in the case of seats reserved for SCs and STs.34

The Implementation of Gender Quotas

There have also been debates about whether quotas may work for women, or they have to be made to work for women. This points towards implementation issues, which may render quotas useless.

1.5 SUMMARY  A quota is a numerical goal or requirement for the hiring or admission of the members of

specified groups within a certain time and until a certain percentage is reached.  Gender quotas have been operated at the level of political parties in Nordic countries,

Germany etc., while several other countries adopted national quotas for women in parliament.  In spite of controversies, gender quotas have been largely seen as an effective way of

redressing gender imbalance, and ensuring gender justice and equality.  The two most common types of electoral gender quotas are candidate quota and reserved

quota. Candidate quota applies to the lists of candidates for election given by political parties. Reserved quota implies a certain number of seats in a legislature being set aside for women among the representatives.  Besides, there may be gender-neutral quota which sets a minimum and maximum for both

sexes, typically no more than 60 per cent and no less than 40 per cent of positions for either sex.  Arguments are given both in defence and opposition of quota for women.  It has also been argued that quotas work differently under different electoral systems.  Implementation of quotas is a challenging task, and may render them useless if not done

properly.

32 Menon, Op. cit., p 3842. 33 Omvedt, Gail, "Women and PR", The Hindu, September 12, 2000. 34 Kishwar, Madhu, "Equality of Opportunity vs Equality of Results: Improving Women's Reservation Bill", Economic and Political Weekly, Vol. 35, No. 47 (Nov. 18-24, 2000), pp 4151-4156.

Women's Studies as an Academic Discipline Patriarchy, Rise of Patriarchy and Subversion of Matriarchal Ethos in Indian Society, Femininity, Masculinity, Sexual Division of Labour

Women's Studies

PAPER-11 MODULE-19 WOMEN'S RESERVATION BILL: MAJOR PROVISIONS Personal Details

Role Name Affiliation Principal Investigator Prof. Sumita Parmar Allahabad University, Allahabad Paper Coordinator Prof Chandrakala Padia Chairperson ,IIAS, Shimla and Vice Chancellor MGS University Bikaner Content Writer/Author (CW) Dr. Vinita Chandra Assistant Professor-cumAssistantDirector Centre for Study of Social Exclusion and Inclusive Policy Faculty of Social Sciences BHU VARANASI Content Reviewer (CR) Prof Chandrakala Padia Chairperson ,IIAS, Shimla and Vice Chancellor MGS University Bikaner Language Editor (LE) Prof. Sumita Parmar Allahabad University, Allahabad

Description of Module

Subject Name Women's Studies

Paper Name Women, Governance & Politics

Module Name/Title WOMEN'S RESERVATION BILL: MAJOR PROVISIONS Module Id PAPER-11 MODULE-19

Pre-requisites The reader shall have an interest in understanding the issue of women's representation.

Objectives To make the reader aware of the meaning and debates surrounding the issue of sub-quota in women's reservation Keywords quota, sub quota, reservation, women's reservation, women's reservation bill, gender

Subject Name Women's Studies

WOMEN'S RESERVATION BILL: MAJOR PROVISIONS

Introduction 1.1 HISTORICAL BACKGROUND The question of reservations for women in representative institutions has a long history of debate and discussion. It surfaced in the 20th century with the attempts at creating a new political entity as the Indian nation, when it was realized and accepted that oppressed sections of the Indian people shall be provided a stake in that future. The removal of institutionalized inequalities became a political imperative, and it was realized that institutionalized counter measures were required to undo the historical injustices. This imperative was acknowledged by the Constituent Assembly, and accordingly, the Constitution of India put forward the basic principle of equality of all citizens before the law, irrespective of caste, creed or gender (Articles 14 and 16). Further, cognizant of the institutionalized inequalities existing in the Indian society, the Constitution provided a framework for positive discrimination (Article 15), which became an instrument for affirmative action in the case of the Scheduled Castes and Scheduled Tribes (Article 15 (4)). The question of reservations for women also came up before the Constituent Assembly, however, it was rejected by the leaders of the Women's Movement themselves. The rejection was made on the plea that this kind of preferential treatment is to underestimate the strength of women to compete as equals,1 and would imply an admission of inferiority. Further, as Vina Mazumdar writes, "The Constitution's radical departure from inherited social values represented to women of that generation its intrinsic quality. For the women of my generation,…the acceptance of gender equality in the Constitution was the fulfillment of a dream…"2

However, the confidence with which this rejection was made, and the pleasure with which the provision of gender equality in the Constitution was embraced, could not survive for long. For this optimism belonged to the women from 'progressive middle class families, …trained in higher education, and having little experience of what life was really like outside their protected and privileged existence; in families, communities or institutions which did not feel it necessary to adapt to the Constitutional guarantees, or remained unaware of them.'3

A quarter of a century later, in 1974, the Committee on the Status of Women in India (CSWI), which was constituted in 1971, submitted its reportTowards Equality.4 This report, which was considered to be a benchmark when it was first published, was an eye-opener. The authors of the report, were 'shattered by their discoveries of the illusion of equality.'5 The question of reservations for women surfaced again before this Committee. Opposition came on similar

1 Menon, Nivedita, "Elusive 'Woman': Feminism and Women's Reservation Bill", Economic and Political Weekly, Vol. 35, No. 43/44 (Oct. 21Nov. 3, 2000), p. 3835. 2 Mazumdar, Vina, "Political Ideology of the Women's Movement's Engagement with Law", CWDS Occasional Paper No. 16, CWDS, 2000, p. 5. 3 Ibid. 4 Towards Equality, Report of Committee on the Status of Women in India, Ministry of Education and Social Welfare, Government of India, New Delhi, 1975. 5 Ibid, p 3.

accounts as twenty five years earlier from a section of women. However, the findings of the report revealed that while the participation of women as voters had been increasing, their representation as candidates was steadily decreasing.6 The report revealed that the condition of the lives of mass of Indian women had not changed in spite of progressive legal changes. Women continued to be underrepresented, and this inhibited their role in the decision-making processes. On the issue of rural women, the Committee was unanimous in making the recommendation of establishment of statutory women's panchayats. The elected office bearers of these women's panchayats were then to fill the seats reserved for women by the Panchayat Acts in various states. Earlier the Panchayat Acts of most states reserved one or two seats for women, to be filled by nomination, which was seen as mere tokenism by the authors of the report.

The CSWI, however, rejected the reservation of seats for women in parliament and state assemblies. This was not an easy decision, however, as the members could not reach consensus on this point. The decision was reached at by a majority vote, wherein it was decided to uphold the position taken by women leaders in the Constituent Assembly. Dissent was registered by none less than Vina Mazumdar, Lotika Sarkar and Neera Dogra, who pointed out that 'the committee had failed to address the problem of under-representation caused by institutionalized inequalities which 25 years of democracy had failed to dislodge'. 7 As Mazumdar accepts, this stand marked an 'ideological and conceptual shift' for herself and Sarkar, who as 'daughters of independence' had rejected special representation or class representation, regarding these as 'legacy of the colonial period which institutionalized the backwardness of certain sections'.8 The three activists also felt that 'greater heed should have been paid to the pleas of some social scientists that reservations for women was necessary for the health of Indian democracy.'9 Iqbal Narain, Upendra Baxi and V.M. Siriskar were prominent among these social scientists. Siriskar advocated reservations for women, hoping that this would bring 'qualitative change in the very character of Indian legislature and the process of representation'.10

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