February - March - 2012 Odisha Review Women Participation in Rural Local Self - Governance System in Odisha : A Constitutional and Reservational Perspective Dr. Benudhar Rout, N.T. Sahu Introduction: In Odisha, women constitute a very little bit less than 50 per cent of the state’s population. The actual function of Panchayati Raj Institutions Despite some favourable traditional values and (PRIs) which is otherwise known as institutions customs and emergence of powerful women of rural local self governance is of greater personalities, the position of women is not very significance now more than ever before. rosy. Their socio-economic status is, however, Institutions of rural local governance are relatively low and they are discriminated in all considered as partners of the Central and State walks of life. For centuries, women have been Governments in carrying out development confined to home and suppressed and deprived functions. Article 243-G introduced by the 73rd of their rights to get a fair treatment from the male Amendment to the Constitution empowers State dominated society. Development of women has, Governments to vest powers and responsibilities therefore, been one of the major issues in Odisha. with village Panchayats to prepare plans for their Right from independence, gender discrimination socio-economic development and ensure social has been identified as one of the most serious and justice to the people through implementation of debatable issues. After independence, it was different schemes with their active participation. realized that potentials of a state cannot be harnessed unless women became equal partners There is a continuous effort on the part in the development process. Indian Constitution of Government through policy-makers to evolve has made special provisions to ensure women’s systems and mechanisms to enable institutions of rights. To safeguard various constitutional rights rural local governance to perform and deliver their of women, the Government has enacted women- new roles more effectively and efficiently. The specific and women-related legislations. In objectives of institutions of rural local self addition to Constitutional provisions and socio- governance are only realized to the expected legal legislations, various women specific policies extent to which it is translated on the ground. But meant to promote their development have also it can only be translated through proper been initiated. All the Five Year Plans have given participation of elected representatives of importance to the development of women, with a institutions of rural local self governance especially major objective of raising their economic and the women representatives. social status. Following various social and 55 Odisha Review February-March - 2012 economic development programmes, the next options for women. In our country, the demand logical step was to enhance the participation of for women’s representation at higher levels of women in the decision - making process. One of political decision making process has been the negative consequences of slow rate of continuing till today. Way back in the year 1931, transformation in the status of women is the low Lady Tata during the Indian National Congress level of participation in the decision making and Session had lamented the absence of women implementation of programmes and policies meant members in the legislative assemblies, as she felt for them. Participation, to be meaningful, should that women members could have voiced the start at the grassroot level where implementation feelings of their sisters with greater clarity and force of programmes takes place. Local level than men. governance is a means to ensure democratic functioning and participation in decision making. After independence, it was realized that So, efforts to ensure the participation of women India’s potentials cannot be harnessed or realized in decision making process at the local level unless women became equal partners in acquire special significance. development and governance of the state affairs. Indian Constitution has made adequate provisions Women Participation through Constitutional to ensure rights of women. Following various Obligations: social and economic development programmes, the next logical step was to enhance the Rural local self governance system i.e. participation of women in the decision making Panchayati Raj is one of the most important process. Participation of women in PRIs has great political innovations of independent India. It is a importance, as the objective of constituting local proper channel for equal and popular participation governance is to encourage local leadership in the process of rural governance and according to the developmental needs of the rural development both by men and women. Before villages. independence the Franchise Committee set up by the British Government discussed the Constitution As constitutional mandate, the of statutory village Panchayats, but did not constitution of India guarantees equality of sexes consider the question of representation of women and in fact grants special favours to women. These in PRIs on the contention that the then women can be found in the different Articles of the did not even have the right to franchise. As a Constitution. Article 14 states that the Government result, in the first set of Acts of the 1920s of the shall not deny to any person equality before law provinces and the princely states, women did not or the equal protection of laws. Article 15 declares participate as representatives or even as voters. that Government shall not discriminate against any This is in the line with the ideologies prevalent citizen on the ground of sex. Article 15(3) makes during that point of time. In the year 1923, for the a special provision enabling the state to make first time, the names of women appeared in the affirmative discriminations in favour of women. electoral rolls and in the year 1926, the first Above all and most importantly the Constitution woman member was nominated to the Indian imposes a fundamental duty on every citizen legislature. In the year 1931 women demanded though Article 15(A)(3) to renounce the practices for universal adult franchise but are said to have derogatory to the dignity of women. The Directive opposed against reservation, nominations or co- Principles of State Policy articulates the key policy 56 February - March - 2012 Odisha Review goals of the Indian welfare state. A duty is cast political and to some extent social and economic upon the State to provide for an appropriate status will continue to be marginal. policy, enabling conditions, congenial environment to its citizens for fulfillment of means of livelihood On the above context, in India, under the for men and women equally. Article 38, 39(a), existing laws of the land and as per planning and 39(d), 39(e), 41, 42, 43 and 51(1) etc. are policy measures, important initiatives have been specially and exclusively dealt with welfare of undertaken by the Government to ensure equal women at par man. Article 325 of the Constitution status of women in the country. The Committee 1 guarantees political equality to women and on the Status of Women in India (CSWI) set up prohibits exclusion from the electoral rolls on the in the year 1971 to look into different aspects of status of women in India including their political basis of sex, caste, religion etc. Article 326 of the participation and released its report in 1974. The Constitution guarantees equal political status to Report of the “Committee on the Status of Women every citizen of India including women. Articles in India (CSWI) —Towards Equality, 1974” 14, 15, 16 and 19 of the Constitution of India noted the ineffectiveness of the representation of and the Representation of Peoples Act provides women in Panchayat's governance system and it for equal participation of women in political recommended for a statutory separate ‘All process. Women’s Panchayat’ at the village level to ensure To protect and promote the rights of better and greater participation of women in the women and to encourage them to participate in political process. It also started initiatives and all the affairs of governance, some international efforts to encourage participation of women in covenants have also been passed and as assented the rural local governance as well as urban by the state parties including India. The Universal governance systems. The Committee also Declaration of Human Rights, 1948, the recommended for the system of reservation for International Covenant on Political and Civil women in the Legislative bodies which was Rights 1966, the UN Covenant on Economic, opposed by some members of the Committee, Social and Cultural Rights, 1966 etc are representatives of political parties and women’s instrumental to eliminate all forms of discrimination organisations as a retrograde step from the equality against women on the ground of sex, marital status conferred by the Constitution [Sharma, 1998:27]. by guaranteeing enjoyment of fundamental rights The National Education Policy, 1986 and and freedom in social, economic and cultural field. the ‘Report of the National Commission on Self The United Nations initiatives namely UN Employed Women’ and ‘Women in the Informal Convention on Elimination of all forms of Sector — Shramshakti, 1988’, the ‘National Discrimination against Women (CEDAW) is Perspective Plan for Women 1988-2000 AD’ of another important international initiative the Government of India and