In a major turn of events, on Thursday, the Rajya Sabha passed the Constitution (128th Amendment) Bill, 2023, commonly referred to as the Women's Reservation Bill, with unanimous support. This legislation aims to reserve one-third of the seats in both the parliament and State legislative assemblies for women, marking a significant stride in advancing gender equality in India.
After approximately ten hours of deliberation in the upper house, the Bill received unanimous approval from the 214 members who were present and participated in the voting process.
This 2023 bill seeks to amend one constitutional provision, Article 239AA (Special provisions with respect to Delhi), and introduce three new articles: Articles 330A, 332A, and 334A. The first two new articles aim to implement a 33 percent reservation for women in the Lok Sabha and the state legislative assemblies, respectively. These amendments and new articles are part of the legislative effort to promote greater gender representation in India's political institutions.
The Bill was earlier presented in the Lok Sabha on Tuesday by Union Minister of State for Law & Justice, Arjun Ram Meghwal. Following a discussion lasting nearly eight hours, it received overwhelming support, passing with a substantial majority of 454 votes in favor and only 2 against on Wednesday.
The Bill was opposed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) MPs Asaduddin Owaisi and Imtiaz Jaleel. Owaisi contended that the legislation appeared to primarily favor women from the Savarna community and questioned why it did not include provisions for quotas similar to those provided for women belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs), as well as Muslim women and women from other backward classes (OBCs).
It's worth noting that the Bill specifies the reservations will be put into effect once a delimitation exercise is conducted following the first census directed after the commencement of the Act. Typically, this census occurs every ten years, with the 2021 census originally planned. However, due to the COVID-19 pandemic, it was postponed and is currently expected to take place in 2024.
Bhartiya Janata Party (BJP) President JP Nadda emphasized that both the census and delimitation exercises were essential steps in determining which seats should be reserved under this legislation. These processes help in identifying the specific constituencies and areas where the reservation for women will be implemented. He went on to further state that, “There's a way to work Constitutionally. After all, we have to give women reservations. But who will decide which seats are to be and not to be reserved? Government can't do it. A quasi-judicial body does it. It has to be nominated. If I'm in the government and reserve Wayanad? What if I reserve Amethi? What if I reserve Rae Bareli, Kalaburagi? Two things are essential. First, census, then a public hearing through the quasi-judicial authority that determines which seats to be reserved.”
The Bill highlights that despite several efforts to empower women, achieving genuine empowerment necessitates increased participation of women in the decision-making process. Women's inclusion brings diverse perspectives and enhances the quality of legislative debates and decision-making, emphasizing the importance of their active involvement in governance and policy formation.
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