Women’s Reservation Bill -2023 : In a recent development, the Delhi High Court dismissed a plea seeking the prompt implementation of the Women’s Reservation Bill, which mandates a 33 percent reservation for women in Lok Sabha and State Assemblies before the general elections in 2024. The court, presided over by Justice Subramonium Prasad, refused to entertain the petition, emphasizing that the relief sought resembled a Public Interest Litigation (PIL), and directed the petitioner to file a PIL instead.
Background:
The petitioner, lawyer Yogmaya MG, had moved the petition, urging the central government to provide a clear and expedited date for the implementation of the Women’s Reservation Bill 2023. The petition highlighted the uncertainty surrounding the implementation of the bill due to the ongoing delimitation process, which is currently on hold until 2026.
The Legislative Consensus:
The Women’s Reservation Bill 2023 was introduced in the Parliament, reflecting a legislative consensus aimed at ensuring gender equality and empowering women in the political sphere. The bill seeks to reserve 33 percent of seats in both Lok Sabha and state legislative assemblies for women. Despite its unanimous passage, the implementation has faced significant delays, raising concerns about the commitment of authorities to this crucial legislative measure.
Legal Arguments:
The petitioner argued that the implementation delay of the Women’s Reservation Bill is a matter of public interest, echoing the constitutional mandate for gender equality in political representation. The lack of tangible progress and a clear roadmap for implementation raised questions about the sincerity of the authorities in enforcing this vital legislative measure.
The plea, represented by advocates Mamta Rani, Nandana Menon, and Ajintha Santosh, named the Election Commission of India (ECI), BJP, Congress, and other major political parties as respondents. It sought a direction from the ECI to elicit responses from political parties regarding their stance on the implementation of the bill.
Importance of the Women’s Reservation Bill:
The plea emphasized the significance of the Women’s Reservation Bill in the context of India’s 75 years of independence. It underlined the challenge of gender parity in political representation, asserting that the bill is vital for translating constitutional principles into action and empowering women for active participation in shaping the nation’s future.
Obstacles in Implementation:
While recognizing the importance of the bill, the plea highlighted obstacles to its implementation, particularly due to the delimitation process outlined in Article 82. This process, it argued, has led to significant gender disparities in states with the highest constituency numbers. Achieving equality in democratic processes is deemed fundamental for building an inclusive society.
Conclusion:
The rejection of the plea by the Delhi High Court underscores the legal intricacies surrounding the implementation of the Women’s Reservation Bill. The court’s direction for the petitioner to file a PIL indicates that the matter is considered of public interest, and legal avenues may be explored through that route. As India grapples with the challenges of achieving gender equality in political representation, the fate of the Women’s Reservation Bill remains a critical aspect of the nation’s democratic evolution. The ongoing discourse reflects the broader societal debate on the role of women in shaping the political landscape and contributing to the nation’s progress
