COMMENTARY
we have to accept the centrality of wom Women’s Reservation in en’s empowerment in all spheres – social, economic, cultural and political. Legislatures: A Defence Among the myriad discriminations against and denial of equal rights to wo men, the political one is crucial. Patriarchy Prasenjit Bose never has problems in accepting a woman as a political leader as the history of south Women’s reservations in he passage of the Constitution Asia shows. But whether in intent or in legislative bodies will help break amendment bill to introduce 33% action, that never really challenged the the patriarchal hold on Indian Treservation for women in Parlia status quo. In contrast, 33% reservation for ment and state assemblies in the Rajya women in legislatures has the potential to politics, which is why the Sabha is a progressive and substantive fundamentally alter the political landscape opposition to this bill is so strong. step towards the political empowerment and challenge existing power relations in Its opponents are trying to kill it of women in India. The fact that it has unprecedented ways. That is why the by pitting one section of the taken nearly a decade and a half for this patriarchal opposition to a constitutionally legislation to be passed, just in the upper mandated floor of 33% representation in deprived against the other or by house of Parliament, stands testimony to legislatures is so steep. But this is also the asking for impractical measures the stubborn opposition against it from reason why this opposition has to be com in the name of bettering it. The various quarters. prehensively defeated. present bill is the result of 14 There is no point singling out the “Yadav troika” or the “social justice lobby” for op Backward Opposition years and two parliamentary posing this legislation. It is well known that The opposition to the women’s reserva committees worth of scrutiny a large number of male parliamentarians tion bill today is couched in three distinct and debate. That male cutting across party lines – who have never but inter-related threads. Let us consider parliamentarians will lose their held less than 87% seats in the Parliament them by turns. The most vocal and stead since the first general elections – have all fast opponents of the bill have said that it “nurtured” seats, does not along been providing covert, and some is against the interests of the backward amount to any argument against times overt, support to this bill’s oppo classes (OBCs), dalits and Muslims. They the legislation as it aims to nents. In essence, the opposition is from all have demanded sub-quotas for these sec do precisely that – break the those who want to preserve the status quo. tions within the larger quota for women. Therefore, the real roadblock before the These demands, raised together or in status quo of entrenched bill is patriarchal ideology and not individ parts, amount to pitting one deprived sec male domination. ual parties or leaders. It is important to un tion of society against another in order to derscore this point before we take a closer jettison women’s reservations altogether. look at the politics around the bill. While there are perfectly just grounds for OBC reservations in education and jobs The Ramparts of Patriarchy due to historical discrimination, there has Much has been said about the desirability not been any significant demand for OBC of women’s reservation in Indian legisla reservation in legislatures. Even the tures. By increasing women’s political rep Samajwadi Party or the Rashtriya Janata resentation this bill should open up sub Dal have not demanded this so far be stantial space for gender issues in the po cause, given their proportion in the popu litical sphere and thus will empower wom lation, OBCs are fairly represented in the en. Almost six decades of male domination political sphere. of legislatures has ensured that women There is no reason why OBC women have been denied equal rights in land, cannot get elected from those constituen property, access to education and jobs, cies which are presently electing OBC men. while violence against women in myriad In fact, as per a memorandum submitted forms, from female foeticide and domestic by the All India Democratic Womens’ violence, to dowry and honour killings, to Association to the parliamentary standing Prasenjit Bose ([email protected]) sexual harassment, continues to be a part committee in 2008, the proportion of OBC is convenor, research cell, Communist Party of of our daily existence. If we are serious women MPs in total women MPs in the India (Marxist). about reversing these retrograde trends, 14th Lok Sabha was slightly higher (30%)
10 april 3, 2010 vol xlv no 14 EPW Economic & Political Weekly COMMENTARY than the proportion of OBC MPs in total to redress this gross under-representation entirely unwarranted, since it amounts to MPs (28%). While their socio-economic of Muslims in Parliament and several state postponing the issue of women’s reserva backwardness is undeniable, OBCs cannot assemblies. However, reservation for Mus tion on which there is a political consen be considered politically or electorally lims as a religious group is a still unsettled sus today till a consensus emerges on the marginalised in contemporary India. question within the framework of the issue of Muslim reservation, which will As far as dalits and adivasis are con Indian Constitution. obviously take more time. If anything, a cerned, the constitutionally mandated The Ranganath Mishra Commission broad-based consensus in favour of the reservation in Parliament and state as recommendations have surely opened the women’s reservation bill today can only semblies already exists and 33% reserva issue of minority reservations in education facilitate a similar agreement on Muslim tion for women will only amount to re and jobs. Given the past interpretations reservation tomorrow. And when that serving one-third of scheduled caste (SC) of secularism by the judiciary, the imple happens, 33% of those seats will also get and scheduled tribe (ST) reserved seats for mentation of the Ranganath Mishra Com reserved for Muslim women. women from these communities. This will mission itself may require constitutional actually increase, substantially, the amendments. The received notions of sec Best against the Good number of SC/ST women in legislatures ularism and social justice merit serious Apart from the political opposition to the from current levels – for instance to at reconsideration given the socio-economic Constitution amendment, there are sever least 40 SC/ST women in Parliament from condition of Muslims, as brought out al opponents of the bill within the liberal the current number of 17. In the case of clearly by the Sachar Committee report. intelligentsia. Some suggest increasing women’s reservation in panchayats and Can the secular basis of the state remain the number of seats in the legislatures so local bodies the same principle of reserva secure if the largest religious minority as to protect the existing seats of male tions embodied in the bill has been fol continues to remain a victim of systemic legislators and parliamentarians. Some lowed. This has led to a quantum jump in discrimination and socio-economic depri continue to maintain that mandated quotas the number of dalit and adivasi women vation? It is imperative that the Congress- in the candidate lists of political parties representatives and there is no evidence led government at the centre initiate a re would have been a better, and non-contro that it has harmed the interests of the dal sult-oriented debate on this vital issue versial, option. What has particularly its and adivasis at large. without further delay. It is inexplicable miffed some commentators is the provision The argument made by the Bahujan Sa why the central government took over two that the women’s quota seats would change maj Party that this increase in the propor years to table the Ranganath Mishra Com every five years so that in 15 years every tion of SC/ST women be brought about not mission report in Parliament and that too constituency in the country is covered. by reserving one-third of existing SC/ST without any action taken report. This, it has been argued, would imply seats but by increasing the SC/ST quota Having said so, however, it makes little existing male parliamentarians losing their itself beyond the constitutionally mandated sense for those genuinely fighting to right to contest in constituencies which 22.5%, is hardly convincing. If more women ensure social justice for the Muslims to they have “nurtured” for years. have to be adequately accommodated in oppose the Constitution amendment for In its long and arduous journey through Parliament and assemblies, then men be women’s reservation because it does not the two parliamentary committees – the first longing to all castes and communities, reserve seats for Muslim women. That one a joint select committee chaired by the including those belonging to the socially amounts to pitting the legitimate demand late communist leader Geeta Mukherjee deprived sections, have to make some for greater Muslim representation against and the second one a parliamentary way for the women of their castes and another equally legitimate step to en standing committee on law and justice – communities. Gender discrimination and hance women’s participation. This will the merits and demerits of all these op oppression cut across caste, community only work towards narrowing the sup tions and suggestions were thoroughly and class identities. To suggest that the port for greater Muslim representation in debated. In fact, very few legislations in principle of positive discrimination in fa legislatures. India’s neighbouring countries the history of independent India have been vour of women is acceptable for every with Muslim majorities, like Pakistan, scrutinised so meticulously for 14 long body else but not for one’s own caste or Bangladesh and Indonesia, already have years. All options other than what is con community is neither logically tenable nor reservations for women in their national tained in the present legislation were ethically sustainable. legislatures and their experiences have found to be inferior. inspired those struggling for women’s For instance, reserving candidate lists Muslim Question reservation in India. of political parties would never guarantee The situation vis-à-vis Muslims does merit While women’s reservation in the a minimum threshold of elected women a more sympathetic consideration. The present form may or may not increase the in the first past the post system; it would number of Muslim parliamentarians in participation of Muslim women in legisla merely ensure a minimum number of the 15th Lok Sabha is a mere 28 (5%), tures, it is certainly not going to make contestants. And given the patriarchal down from 34 in the 14th Lok Sabha. This matters any worse for the Muslim minorities. structure of political parties, women is certainly way below the proportion of Opposing the women’s reservation bill candidates would invariably be given Muslims in India (13.4%). It is important in the name of Muslim quota would be tickets in seats which are not winnable.
Economic & Political Weekly EPW april 3, 2010 vol xlv no 14 11 COMMENTARY International experience clearly shows The Fear of Feminism the minister whether she is a feminist. Yet that the countries which have opted for Then, of course, there are the sceptics, who she asserts that she is not one. women’s quota in candidate lists under consider greater women’s participation or Are all the other parties and individuals the first past the post system, continue to representation in politics to be, at best, supporting the bill feminists? Surely not. have much lower representation of women symbolic, and perhaps entirely meaning The Bharatiya Janata Party (BJP), which in their legislatures, precisely because it less. Some successful women in the media provided crucial support to the bill, has is difficult for women to win against their and the corporate world have become the neither disowned the manuvadi (derived male counterparts. most articulate proponents of this view. from the Laws of Manu) ideology of the Increasing the number of seats to the Their arguments amount to saying the fol RSS, which considers women as naturally extent of protecting all the existing seats lowing: “Look at us. We have succeeded in inferior to men, nor repented the glorifica of male MPs would amount to increasing the men’s world without any quota. So tion of sati under BJP rule in Rajasthan, the number of seats to over 720 just for the why do women need quota to be success the rape of innocent Muslim women dur Lok Sabha. An increase of such magnitude ful in politics?” This argument is similar to ing the post-Godhra riots in Gujarat or the for Parliament and state assemblies would those who oppose any positive discrimina continued hooliganism of the Sangh pari not only make the elections and the demo tion, particularly reservations. There ex var outfits on Valentine’s Day. cratic process logistically unwieldy and ists, for instance, a number of successful The Congress president has been rightly prohibitively expensive, it would also lead dalit or OBC professionals, who either out hailed for her determined role in pushing to the construction of new buildings for of conviction or compulsion, oppose reser the legislation within her party and cajol Parliament and state assemblies in order vations, confusing their own subjective ing the central government to take a firm to accommodate more women! The upshot experience, which may have been marked stand. Yet, why she preferred her son to be is that all these proposals which sought to by certain privileges or sheer good for the heir apparent over her daughter, with accommodate the concerns of women’s tune, for the objective social conditions of out any tested basis of political acumen, representation while keeping the status the large majority of SCs or OBCs. But, in organisational performance or mass ac quo of overwhelming male domination in the case of those successful women oppos ceptance, is anybody’s guess. Even the tact, were debated threadbare and found ing reservation for women in legislatures, communists, with an enviable record of to be either ineffective or infeasible. there is a specificity. They seem to believe fighting for women’s rights, took well over Those who are complaining about exist that a display of cynicism towards the po six decades of existence to elect the first ing male MPs/candidates losing their “nur litical process and insensitivity towards woman into their central leadership. The tured” constituencies are, of course, miss gender discrimination in particular, re biggest contingent of the left, the Commu ing the whole point about this legislation. flects virtuosity. Being a professionally nist Party of India (Marxist), took lon The fact that this legislation will break the successful woman in a world dominated ger. And even today, misogynist critics have status quo, if implemented, does not by men is certainly commendable; but that not got tired of shamelessly alleging how amount to any argument against the legis does not automatically make someone women are promoted within the left be lation. The problem is with the status quo gender-sensitive or alive to the problems cause of influential husbands rather than itself, since it has been unfair to women, and concerns of women. In fact, women in their own capabilities and contributions. who comprise half of our population and politics, almost without exception and electorate. Therefore this legislation ex cutting across political lines, are support Conclusions plicitly seeks to break that status quo; but ers of women’s reservation because their The long and the short of it is that no po does so in a fair manner, where all existing own experience, however brief, seems to litical party functioning within the Indian male MPs/candidates have to make way have shown them the enormous difficulty political system or elsewhere, can claim to for a woman sometime or the other over in sustaining activism and competing suc be totally immune from the vestiges of pa the next three elections. And any male MP/ cessfully in a patriarchal setting. triarchy. Their ideological standpoint, candidate can return to his “nurtured” con Why are some successful women not however, in terms of whether they are pro stituency after a gap of one election. Thus, sympathetic to the demands of positive grammatically committed to women’s em on the one hand, it does not take away the discrimination by women in politics? powerment and emancipation or not, is right from any male MP/candidate to con Patriarchy, after all, is an ideology and it what counts, along with their political test in his preferred constituency in perpe operates at complex levels. This, indeed, positions and day to day practice. And if a tuity. On the other hand, it creates concrete makes life difficult for women, even for political party, or any individual for that possibilities for the growth of political ac those who have become successful in a matter, is committed to gender equality tivism of women across all constituencies world dominated by men. This difficulty is and women’s empowerment, why prevari of the country. Anyone who sincerely wish best captured in the Railway Minister cate on supporting the women’s reser es to see greater participation of women in Mamata Banerjee’s comment made after vation bill? politics and enhanced number of women her party abstained during the vote on the elected representatives will easily see that bill in the upper house: “Though I am sup Note 1 the present legislation is the best among all porting the bill, I am not a feminist”. It 1 See “Eyeing Bengal, TC Abstains as There Is No the options available. can be assumed safely that nobody asked Muslim Quota”, Economic Times, 10 March 2010.
12 april 3, 2010 vol xlv no 14 EPW Economic & Political Weekly