Today, the single-headed bench of Justice Subramonium Prasad of the Delhi High Court refused to consider a writ petition that urged the immediate implementation of the Women’s Reservation Bill 2023. This bill proposes a 33% reservation for women in the Lok Sabha before the upcoming 2024 general elections.
Yogamaya MG, a lawyer based in Delhi, approached the High Court with a plea. The plea requested directions for the Central government to specify a definite and accelerated timeline for enacting the Women’s Reservation Bill 2023. This request was made due to the extended uncertainty revolving around the delimitation process.
Yogamaya MG included the Election Commission of India (ECI), the Bharatiya Janata Party (BJP), the Indian National Congress (INC), and other significant political parties as respondents in her petition. She sought a directive for the ECI to gather responses from these parties regarding their strategies for implementing the provisions outlined in the bill.
Justice Subramonium Prasad presided over the case and remarked that the remedies requested in the petition aligned more with the characteristics of a Public Interest Litigation (PIL). Consequently, the judge suggested that the petitioner should file the matter as a PIL to address the concerns raised.
“This legislative consensus reflects the Constitutional mandate to ensure gender equality and empower women in the political sphere… Despite the unanimous passage of the Women's Reservation Bill, 2023, there has been a significant delay in its implementation. The lack of tangible progress or a clear roadmap for implementation raises concerns about the sincerity of the authorities in giving effect to this vital legislative measure,” the plea stated.
The court recognized that the enactment of the bill depended on the completion of a delimitation exercise, which was to be based on the first census conducted after the introduction of the Constitution (128th Amendment) Act, 2023. Consequently, the petitioner emphasized that the projected timeline suggested the bill might not be enforced until around the year 2029.
The petition was filed by advocates Mamta Ranni, Nandana Menon, and Anjitha Santosh on behalf of the petitioner.
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