How this bill doesn't fit the bill

July 01, 2009

In what is being termed as India’s equivalent of the Suffrage Movement and the Maputo Protocol, the UPA Government has now promised reservation for women at each level of legislative decision-making, starting with the Lok Sabha, down to state and local legislatures in its 100-day action plan. The measure is a throwback to erstwhile Congress Prime Minister Rajiv Gandhi's move in 1992 to earmark 33% of all seats for women in panchayats.

If the Bill is passed, one-third of the total available seats would be reserved for women in national, state, or local governments. In continuation of the existing provisions already mandating reservations for scheduled caste and scheduled tribes, one-third of such SC and ST candidates must be women.

The proposed legislation to reserve 33.3 percent seats in Parliament and state legislatures for women was drafted first by the H D Deve Gowda-led United Front government, introduced in the Lok Sabha on September 12, 1996. Though it has been introduced in Parliament several times since then, the Bill could not be passed because of lack of political consensus.

It looks like it is incumbent on political parties to score political brownie points by using the much talked about instrument of reservations. The issue of reservations has been a thorn in the side of every government since Independence. Why? Because, it a principle that is fundamentally wrong. And in order to implement a fundamentally wrong principle, one has to devise numerous irrational laws and devices to cloak the ugly core of the principle. A lie has to be covered with other lies. That's why reservation is a thorn.

What does one do when a thorn is stuck in one's foot? He plucks it out. And when are we plucking out the thorn of reservations? At present, it only looks like the policy-makers of the nation are only bent upon driving the thorn further into the foot.

The idea of reservations originated first in attempts to correct historical wrongs. That it doesn't accomplish that in any way, only aggravates differences between different 'groups' of people is a totally different issue. The concept of reservations is now being expanded to include current perceptions of injustice to certain sections of society, more precisely that section which is made of people of a particular sex, women.

Studies have proved that competitive pressures such as trade and deregulation reduce discrimination against women in the job market. That private companies, not cosseted by the Government, tend to choose the best talent without any prejudice is also a testimony to the fact that merit begets respect and opportunity.

This Bill takes away the democratic right of 33% of the electorate (22 crore people) to elect their representatives and restricts the choice of both men and women in those constituencies. The state has no right to limit the pool of representatives available to the public to choose from. It violates the right to equality guaranteed in the constitution. This is against all democratic principles of free choice. It will lead to significant upheavals and instability in Indian polity, with MPs being forced to shuffle constituencies in almost every election. An inability to nurture their constituency and further reduce accountability is thus, what we get.
The Bill sacrifices merit and experience of seasoned law makers and will further divide the country on gender lines. It suggests a rotation system which would be determined by draw of lots, in such a manner that a seat would be reserved only once in a block of three general elections. This is a serious flaw, insofar as it mechanically provides for entry of women members to fill one-third of vacancies in Lok Sabha and Vidhan Sabhas. This subverts the democratic process which is all about free choice vis-à-vis a mechanical action/ process.
The concept of reservation is an insult to women and their capability and perpetuates gender discrimination. Moreover, there are no measures to make sure that the benefits are received by the socially backward and underprivileged women, who really need them. It is hard to imagine how a normal woman who is brilliant, patriotic and honest and has the will to bring about change would be able to benefit from this move. Going through the labyrinthine and tedious, if not only useless, procedure of party politics is not the best way of ensuring that we get motivated leaders. And how individual candidates just serve to make up the numbers is there for all to see. There are no objective criteria to prevent the elite class or “creamy layer” of women from taking undue and unfair advantage of this legislation.

India is a vast country that is multi-cultural, multi-ethic, multi-lingual and with several groups, castes, sub-castes etc. Apart from beating the drum for reservations in general, the implementation of this bill would lead to more demands from various groups and sections of society for similar representation and it would be an open invitation for politicization of the representative form of Indian democracy. It will be a death blow to representation through constituencies.

In India, a man is presumed to be superior to a woman, not because of considerations of merit of thought, but by anatomical considerations. And the enforcement of such belief-systems upon women is carried out by persuasion, blackmail, threat of physical violence and sometimes direct bodily or psychological injury. So fighting such stupid beliefs should form the core of those want to uplift conditions of women. Education and removal of old 'anti-women' concepts and strict law enforcement can make a woman walk confidently on the streets. And achieve what she wants without help or interference from any external sources. If such conditions ensue, why will women ask for reservations?

Yet the proponents of the Womens' Reservation Bill propose to fight injustice with injustice. They are feeding the prejudices of the patriarchal sections of society by supporting such a bill. They want to plant puppets like Rabri Devi in 182 seats in Parliament and gloat over their victory in their struggle for 'equal opportunities' with men.

This bill is short-sighted, unconstitutional, undemocratic and discriminatory.

Do give it fair thought before branding me a misogynist.

(And no, I’m not exactly Lalu Prasad Yadav’s fan!)

4 Wisecracks!:

ABHi said...

:)
liked the post!
thats some good argument!

nevertheless hail women empowerment! :P

Saksham Agarwal said...

Thank you for the comment.

Bawa Anshuman Singh said...

"What does one do when a thorn is stuck in one's foot? He plucks it out." he eh? insted of one.......sexist fellow u are :P

Anonymous said...

i do agree thjat reservations are not needed...
but i it can be taken as granted that women can really perform well than men in any field...

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