<p class="bodytext">The government and the political class should take note of the concern expressed by the Supreme Court over the delay in the implementation of the Women’s Reservation Act. Two years have passed since the enactment of the law, which mandates 33% reservation for women in parliament and state assemblies. But a caveat attached to it has ensured that the law will remain a dead letter in the near future, perhaps for years. It will come into effect only after the delimitation of constituencies, to be held after the census, which is to be completed in 2027. With the groundwork for both yet to start, doubts have been expressed on whether the law will be implemented ahead of the 2029 parliament elections.</p>.<p class="bodytext">The Court’s concern over the delay was rightly expressed by Justice BV Nagarathna, who, with Justice Mahadevan, is hearing a case for immediate implementation of the law. She noted that women make up almost 48% of the population, making them the country’s largest minority. They collectively face discrimination that affects other social minorities. She asked why political parties could not allot to women one-third of their election tickets. If the parties were serious about their professed commitment to women’s representation, they could demonstrate it even without the law. Women are grossly under-represented in all forums. Only 11 of the 287 Supreme Court judges till date have been women, and there is only one in 34 now. Their representation in the current Lok Sabha and Rajya Sabha is only 14% and 17%, respectively – the global average is 27%. Some parties, such as the Trinamool Congress and the Biju Janata Dal, have done better than others in parliament. Women’s representation in state assemblies also remains poor.</p>.<p class="bodytext">It was pointed out in the petition that the 73rd and 74th Constitutional amendments, which gave women one-third representation in local body elections, the 77th amendment, which extended reservations for promotions in jobs for the SCs and STs, and the 103rd amendment for 10% EWS (Economically Weaker Sections) reservation in education and employment, were implemented without calling for census data. It was submitted that a Constitutional amendment cannot be put on hold for an uncertain period. The Court’s attention was also drawn to the fact that the amendment was passed in a special session of parliament, indicating an urgency of purpose. Even as the apex court’s observations highlight the need for expeditious implementation of the law, the petition exposes the hypocrisy of all parties when it comes to follow-through action on this progressive and critical law.</p>
<p class="bodytext">The government and the political class should take note of the concern expressed by the Supreme Court over the delay in the implementation of the Women’s Reservation Act. Two years have passed since the enactment of the law, which mandates 33% reservation for women in parliament and state assemblies. But a caveat attached to it has ensured that the law will remain a dead letter in the near future, perhaps for years. It will come into effect only after the delimitation of constituencies, to be held after the census, which is to be completed in 2027. With the groundwork for both yet to start, doubts have been expressed on whether the law will be implemented ahead of the 2029 parliament elections.</p>.<p class="bodytext">The Court’s concern over the delay was rightly expressed by Justice BV Nagarathna, who, with Justice Mahadevan, is hearing a case for immediate implementation of the law. She noted that women make up almost 48% of the population, making them the country’s largest minority. They collectively face discrimination that affects other social minorities. She asked why political parties could not allot to women one-third of their election tickets. If the parties were serious about their professed commitment to women’s representation, they could demonstrate it even without the law. Women are grossly under-represented in all forums. Only 11 of the 287 Supreme Court judges till date have been women, and there is only one in 34 now. Their representation in the current Lok Sabha and Rajya Sabha is only 14% and 17%, respectively – the global average is 27%. Some parties, such as the Trinamool Congress and the Biju Janata Dal, have done better than others in parliament. Women’s representation in state assemblies also remains poor.</p>.<p class="bodytext">It was pointed out in the petition that the 73rd and 74th Constitutional amendments, which gave women one-third representation in local body elections, the 77th amendment, which extended reservations for promotions in jobs for the SCs and STs, and the 103rd amendment for 10% EWS (Economically Weaker Sections) reservation in education and employment, were implemented without calling for census data. It was submitted that a Constitutional amendment cannot be put on hold for an uncertain period. The Court’s attention was also drawn to the fact that the amendment was passed in a special session of parliament, indicating an urgency of purpose. Even as the apex court’s observations highlight the need for expeditious implementation of the law, the petition exposes the hypocrisy of all parties when it comes to follow-through action on this progressive and critical law.</p>
