GENDER EQUALITY AND WOMEN EMPOWERMENT: A CRITICAL

ANALYSIS OF NARI SHAKTI VANDAN ADHINIYAM

ABSTRACT

The legislative odyssey of the Women's Reservation Bill began nearly thirty years ago, when
it was first introduced in Parliament in September of 1996. Over the years, every subsequent
government has made an effort to guarantee its passage. Unfortunately, lack of political will
and consensus ultimately led to the failure of this significant endeavour. Ultimately, in
September 2023, the Parliament passed the Women's Reservation Bill, also known as Nari
Shakti Vandan Adhiniyam, making history in the process.

All political parties are now required to acknowledge the important role that woman plays in
creating an inclusive society and thus put out a strong call to action for women to take charge
of their own lives, acknowledge their agency, and embrace equal responsibilities as citizens.
Therefore, it can be considered a significant achievement for the women's movement in the
country. It is important to remember that the 73rd and 74th Constitutional Amendment Acts
allocated one-third of the seats for female candidates. The Constitution also provided
representation to Scheduled Castes (SCs) and Scheduled Tribes (STs) in the State Legislative
Assemblies and Lok Sabha based on their demographic share. However, the Constitution did
not guarantee women's reservation in the Lok Sabha and state legislative assemblies, despite
the fact that they make up the majority of the marginalized population. Women are now able
to participate in our country's policymaking process thanks to the passage of the Nari Shakti
Vandan Adhiniyam. However, there are still important questions about how to carry out this
important change.

In the light of the above facts the author in this article has traced the legal history behind
Women Reservation Bill. Post this the author has analysed the Nari Shakti Vandan
Adhiniyam. Lastly the author has highlighted the challenges around the successful
implementation of this law and has come out with solutions for the same.

Keywords- Parliament, Women, Reservation, Equal, Policymaking.

1 | Page
 INDEX

1. INTRODUCTION............................................................................................... 2

2. HISTORICAL PERSPECTIVE OF WOMEN RESERVATION IN INDIA.....................3

2.1 PRE-INDEPENDENCE INDIA..............................................................................3

2.2 CONSTITUENT ASSEMBLY ON WOMEN RESERVATION........................................4

2.3 LEGAL HISTORY OF WOMEN RESERVATION IN POST-INDEPENDENT INDIA..........6

3. NARI SHAKTI VANDAN ADHINIYAM: A CONCEPTUAL DISCUSSION...................7

4. WAY AHEAD..................................................................................................... 8

BIBLIOGRAPHY.................................................................................................... 10

2 | Page
 1. INTRODUCTION

Despite the presence of a few well-known women in Indian politics, women have generally
played a minor role and had little influence in administration and governance. This is true
even though every individual's political freedom and equality before the law are guaranteed
under the Constitution. Gender bias dominated Indian politics at all levels of government
before the 33 percent reservation for women in local government bodies was implemented in
1992. Since women in Indian politics are still marginalized, there has been a lot of attention
lately to the proposal to reserve one-third of the seats in Parliament and Legislative
Assemblies.i

The political empowerment of women stands as a crucial indicator of gender equality and
plays a pivotal role in policymaking geared towards advancing the well-being of women and
girls. The Sustainable Development Goal (SDG) 5.5 seeks to guarantee women's full and
effective involvement in all levels of decision-making in the political, economic, and public
domains, as well as equitable chances for leadership. The percentage of seats occupied by
women in national parliaments and local governments is a crucial indicator of progress made
toward this [Link]

Eventually on September 20, 2023, the Women's Reservation Bill was passed by the Lok
Sabha, a momentous day that came 27 years after it was originally tabled in parliament. Both
Houses of Parliament have unanimously supported the Bill, which seeks to reserve 33 percent
of seats for women in the Lok Sabha and state legislative assemblies. This suggests that the
Bill has the potential to enhance women's lives and boost their participation in public affairs.
India has made progress toward gender parity in school enrolment, according to the Global
Gender Gap Report 2023, but its female equality in economic participation and opportunity is
still far off at just 36.7%. The discrepancy in survival and health, where India is ranked
poorly at 142 out of 146 countries, exacerbates this even further. Furthermore, India
continues to score poorly in terms of political empowerment. In light of this, the Women's
Reservation Bill's passing is crucial, particularly in light of the fact that women have never
before represented more than 15% of the electorate in [Link]

3 | Page
 2. HISTORICAL PERSPECTIVE OF WOMEN RESERVATION IN INDIA

2.1 PRE-INDEPENDENCE INDIA

The call for women's reservation in legislative bodies has a rich history, dating back to
discussions on constitutional reforms in the 1930s. During this period, legislative reservations
for various groups were under consideration. The Government of India Acts of 1909, 1919,
and 1935 provided separate electorates for Muslims, Sikhs, and Christians. Additionally, seats
were allocated to the Depressed Classes through nomination in 1919 and 1925, and through
elections in 1932. The Indian National Congress, opposing special electoral rights, argued
against reserved seats, fearing it would permanently tie religious identity to political power.
This stance influenced women's organizations such as the All-India Women's Congress, the
National Council of Women of India, and the Women's India Association. These
organizations, despite being at the forefront of advocating for female enfranchisement and
civil rights, opposed legislative reservations for women. They believed that seeking
preferential treatment would compromise the universal demand of Indian women for absolute
equality in political [Link]

Nationalists across India voiced their views, asserting that ensuring women's presence in
legislatures was secondary to the primary objective of achieving freedom. They insisted on
the right to stand for election to legislatures, advocating for equality without any special
privileges. Sarojini Naidu, who took part in the Second Round Table Conference in 1931,
opposed the idea of reserved seats for women. She emphasized that she represented all Indian
women, including those from orthodox Hindu and Muslim backgrounds. The central debate
revolved around the concepts of absolute equality versus preferential treatment, not only for
women but also for other groups such as Muslims and the Depressed Classes.v

However, several Muslim women associated with the Muslim League disagreed with the
outright rejection of quotas. In contrast to Congresswomen, they were keen to secure reserved
seats for Muslims. Despite the dissatisfaction among many within the Muslim League
regarding the dilution of their quotas due to women's inclusion, Begum Shah Nawaz Khan
argued that women needed special representation. Major women's organizations opposed
reservations, but the Colonial Government ignored them. The Government of India Act of
1935 extended their dedication to group-based politics by granting women 41 reserved seats
in provincial legislatures and restricted reservations in federal legislatures. However, the

4 | Page
administration proceeded to split the parliamentary seats along religious lines as women
objected to the communal award that had split their [Link]

Despite being at the forefront of opposition to the constitutional provisions, the All India
Women Congress made use of the reservation clause. Fifty-six women were elected to the
legislature in 1937; 41 of them held reserved seats, 10 held unreserved seats, and 5 had
nominated seats. Scholar Gail Pearson correctly notes that the reserved seats did, in fact,
create the foundation for women's involvement in politics and gave them a crucial foothold in
[Link]

2.2 CONSTITUENT ASSEMBLY ON WOMEN RESERVATION

The members of the Constituent Assembly were tasked with creating a document that would
overhaul Indian society politically, socially, and economically. Importantly, this document
needed to not only redefine the legal relationship between the State and individuals but also
the legal relationships among individuals themselves. Prior to independence, it wasn't just the
colonial government that infringed upon citizens' rights; dominant caste groups and
traditional authorities also oppressed marginalized sections for centuries. Therefore, for India
to truly be a free country, it was imperative for Indians to break free from these traditional
authorities' [Link]

Indian nationalists understood the necessity of societal transformation. In his notable work
Samya, Bankim Chandra Chattopadhyay promoted constitutional guarantees of equal
protection under the law and equality before the law. Leaders of the women's movement in
the late 19th and early 20th centuries demanded voting rights, gender equality and an end to
child labour. Congressmen like Motilal Nehru and C.R. Das continuously battled for the
rights of the Indian and fiercely opposed arbitrary actions of British Administration included.
Furthermore Dr B.R. Ambedkar sought to end societal hierarchies through his writings such
as Annihilation of Caste and other reformative efforts. Mahatma Gandhi promoted civil
liberties that would improve the lives of all Indians in addition to independence from British
rule through his national movements and social service initiatives. The political, social, and
economic disparities in Indian society were obviously well known to the country's freedom
fighters. They were therefore committed to creating a constitution that would fundamentally
alter Indian society on all fronts—politically, socially, and economically. The ideas of

5 | Page
parliamentary democracy and universal adult franchise were presented in an effort to
construct a liberal democracy in India. During the colonial era, when Indians were merely
subjects, universal adult franchise guaranteed that every Indian, regardless of sex, caste, or
place of birth, had the right to [Link]

There were fifteen women representatives in the Constituent Assembly, who are frequently
forgotten in talks about the Constitution's drafting, were crucial in representing a range of
viewpoints in an Assembly presided over by men. Most of them took part in debates and they
supported meritocracy over preferential treatment.x The voice of Hansa Mehta rang loud and
clear in this setting. Mehta stressed that Indian women did not want reserved seats or distinct
electorates, but rather fairness in the social, economic, and political spheres, even as she
acknowledged that they wanted equality of position and opportunity in free India. She
emphasized the necessity for social, economic, and political justice as the cornerstone for
gender equality and cooperation, highlighting the centuries-long injustices faced by Indian
women as a result of laws, conventions, and societal practices. Renuka Ray, on the other side,
was against women's reservations, arguing that women should be promoted on the basis of
merit rather than gender and using Vijayalakshmi Pandit as an [Link]

In her plea for Sarojini Naidu, Vijayalakshmi Pandit, and Malati Chaudhuri's vacant seats to
be filled, Purnima Banerji stressed that the appointments should be made on the basis of
qualifications, not gender. A common objection to women's suitability for government roles
was raised, one that was backed by H.V. Kamath, who expressed a willingness to see more
women in the House. The concern was that women might make decisions that are more
emotionally driven than rational, which could have a negative impact on governance. He
admitted that there has been much discussion on this issue, but he decided not to go into
further [Link]

Dr Ambedkar fought bravely to secure women's economic freedom as well as their social
rights. His topmost ambition was the complete development of women, and he would stop at
nothing to achieve it. As chairman of the Constitution Drafting Committee, Ambedkar made
an effort to adequately include women's rights into India's political vocabulary and
constitution. With several Articles in the Constitution that gave women the rights they
rightfully deserved—many more legislations were later enacted due to the social visionary Dr
[Link]

6 | Page
2.3 LEGAL HISTORY OF WOMEN RESERVATION IN POST-INDEPENDENT INDIA

The Constitution Amendment Bill, which would have granted women a one-third reservation
in both rural and urban local governments, was introduced by former Prime Minister Rajiv
Gandhi in May 1989. This marked the beginning of the implementation of women's
reservations in elected offices. The Bill was passed by the Lok Sabha in September 1989, but
not by the Rajya Sabha. In 1992 and 1993, the then-prime minister P.V. Narasimha Rao
submitted Constitution Amendment Bills 72 and 73, which gave women a one-third (33%) of
all seats and chairperson positions in both rural and urban local councils. After being
accepted by both houses, the bills went on to become a landmark [Link]

On September 12, 1996, the United Front government, led by Deve Gowda, first presented
the 81st Constitution Amendment Bill in the Lok Sabha, which would have set aside seats for
women in the legislature. After the Lok Sabha rejected the bill, it was referred to a Joint
Parliamentary Committee under the direction of Geeta Mukherjee. The Mukherjee
Committee submitted eventually its report in December 1996. However, when the Lok Sabha
dissolved, the Bill [Link]

Two years later, in 1998, the NDA government under Atal Bihari Vajpayee introduced the
Women Reservation Bill in the 12th Lok Sabha. Again, however, the Bill failed to gain
traction and lapsed. It was later revived in 1999, 2002, and 2003 under the Vajpayee
government, but to no avail. Five years later, under the UPA government-1 led by Manmohan
Singh, the Women Reservation Bill again gained significant support. The government
incorporated it into its Common Minimum Programme in 2004 to prevent it from collapsing
again, and on May 6, 2008, it was finally presented to the Rajya Sabha. Five of the seven
suggestions made by the Geeta Mukherjee Committee in 1996 were included in this version
of the bill. The Bill was referred to the Standing Committee on May 9, 2008. The Standing
Committee presented its report on December 17, 2009. The Union Cabinet approved it in
February 2010. With 186 votes in favour, the Rajya Sabha eventually adopted the Bill on
March 9, 2010. However, when the Lok Sabha was dissolved in 2014, the Bill finally expired
without ever being discussed in the legislature. The Women's Reservation Bill, also known as
Nari Shakti Vandan Adhiniyam, was eventually approved by the Parliament in September
2023, making [Link]

7 | Page
 3. NARI SHAKTI VANDAN ADHINIYAM: A CONCEPTUAL DISCUSSION

According to the Nari Shakti Vandan Adhiniyam, women are given as close to one-third of all
seats in the Lok Sabha, state legislatures, and the Legislative Assembly of the National
Capital Territory of Delhi. Additionally, the Bill stipulates a quota for SCs and STs in the
seats designated for women. The reservation shall take effect following the census that is
performed following the publication of this bill. Seats for women will be reserved by
delimitation based on the results of the census. The 15-year reservation period will be
offered. Furthermore, following each delimitation, seats reserved for women will be rotated
out in accordance with a law passed by [Link]

This decision is anticipated to significantly impact the country's political landscape, as

women will form the largest group of elected representatives in the House due to this
affirmative action. Political parties will be compelled to cultivate and support new female
leaders to occupy 181 seats in the Lok Sabha out of a total of 543. Presently, the Lok Sabha,
with 82 female members, boasts the highest number of elected women, comprising
approximately 15% of the total membership. However, it is pertinent to note the actual
implementation of this law will be delayed, as the government has stipulated that the law will
take effect after the completion of the delimitation process, which is scheduled to be on hold
until 2026. Prior to delimitation, a census must be conducted, potentially resulting in an
increase in the total number of seats, including those reserved for women. Consequently, the
implementation of women's reservation is deferred until the 2029 elections due to the
delimitation process, somewhat diminishing the impact of this significant legislation.
However, despite the initial limitations it can rightly be said that this Constitutional
Amendment is a significant piece of law in fostering social democracy in our [Link]

4. WAY AHEAD

With the adoption of the Indian Constitution on January 26, 1950, colonial subjects became
free citizens of a republic. India was freed from the British Empire's domination as a result.
But in India, unlike in Western nation-states, the State was not the only centre of power. In
Indian society, a number of other elements, including major caste groupings and gender
dynamics, possessed considerable influence. As a result, the Indian Constitution was given

8 | Page
two very important tasks: the first was to change the political standing of Indians, and the
second was to change the social structures that were in place at the time. The envisaged role
of fundamental rights in this socio-political revolution was to be central. But it soon became
clear that the rights and liberties of marginalized groups in society were still being violated by
powerful rural caste groups and other organizations, even in the face of the Constitution and
its enshrined Fundamental Rights. Realizing this, it became clear that strong local
government frameworks were required to guarantee that fundamental rights were ingrained in
the lower echelons of [Link]

It is interesting to note that two revolutions occurred simultaneously in Colonial India. The
first was the Indian National Revolution, which was led by freedom fighters and nationalists
who sought independence from British authority. The second, supported by nationalists as
well, was the Social Revolution; unlike the National Revolution, whose objectives continued
after the nation attained freedom and went beyond independence. When would this Social
Revolution take place became the urgent question. The Social Revolution can only come to
pass if every Indian is given the chance to develop to the best of their abilities and realize
their full potential. This meant redefining society on contemporary foundations based on the
values of law, individual merit, and secular education, and overcoming medieval societal
standards based on variables like birth, religion, gender, caste, and community. The framers
of the Constitution were acutely aware that any delay in achieving these objectives would
render the Constitution ineffective and purposeless. Consequently, the members of the
Constituent Assembly were entrusted with the task of drafting a Citizen's Charter aimed at
catalysing socio-economic revolution across [Link]

The Women's Reservation Bill began its legislative journey about thirty years ago when it
was first introduced in Parliament in September 1996. Over the years, every succeeding
administration has made an effort to guarantee its passage. Unfortunately, a lack of political
will and unity caused this significant endeavour to fail in the end. The 106th Constitutional
Amendment Act, which sought to provide women a third of all seats in the Lok Sabha and
state legislative assemblies, was passed in September of last year with nearly unanimous
support. This law aims to attain gender equity in politics by promoting more women to enter
the field. There are still a lot of unsolved questions, though. The Women's Reservation Act
provides for reservation to the women from Scheduled Castes and Scheduled Tribes
Community. However, opponents have noted that the Act does not include sub-quotas for the

9 | Page
Other Backward Classes (OBCs) and Economically Backward Classes (EBCs), which are
groups defined by particular social and economic [Link]

It's also noteworthy that the Local Self-Government's introduction of reservation has led to
the establishment of an unofficial position called "Pati Pradhan/Sarpanch Pati," which means
"Sarpanch's husband." This individual makes the crucial choices and acts as the de facto
leader in some circumstances. It wouldn't be shocking, then, if the Women's Reservation Act
had a similar effect when it was implemented. Another dangerous and troubling trend is the
dynastic succession of MPs, MLAs, political families, and leaders who send their wives,
daughters, or mothers to serve as MPs or MLAs in order to grant them tickets and continue
their purported political heritage and political parties. There would be no significance if this
wasn't stopped at all [Link]

There is ample documentation of the animosity, resistance, and sometimes acts of violence
aimed toward female panchayat members belonging to marginalized castes. It is a sign of the
misogyny and casteism aimed at all powerful women. The Women's Reservation Act will
have to address the apathy that has historically weakened women's status in Indian politics. It
will be interesting to see that how will political parties adhere to it when the law is put into
practice without attempting to undermine its potential. It might surprise us all if it interacts
with India's democratic potential and provides political possibilities for women from diverse
[Link]

BIBLIOGRAPHY

The author has gone through following sources to complete this manuscript

BOOKS
1. Austin Granville, Working a Democratic Constitution: A History of the Indian
Experience (Oxford India Press, New Delhi, India, 1st edition, 1999).

2. Bhatia Gautam, The Transformative Constitution (Harper Collins, Delhi, 1st edition,
2019).

3. Hasan Zoya, Sridharan E. & Sudarshan R. (Eds.), India’s Living Constitution: Ideas,
Practices, Controversies (Permanent Black, New Delhi, 1st ed., 2002).

10 | P a g e
 4. Krishnamurti J. (Ed.), Women in Colonial India: Essays on Survival, Work and the
State (Oxford University Press, New Delhi, 1st ed., 1989).

5. Mehta Pratap Bhanu, The Burden of Democracy (Penguin India, New Delhi, 1st
edition, 2003).

ARTICLES

1. Benny Navya, ‘Women's Reservation & Our Founding Mothers: Reflections on

Constituent Assembly Debates,’ Live Law.

2. Davar Praveen, ‘Ambedkar: Architect of Constitution and Women’s Empowerment,’

The Wire.

3. Jenkins Laura Dudley, Competing Inequalities: The Struggle for Legislative Seats for
Women in India. International Review of Social History 44, 1999.

4. Pradeep Divya & Patavardhan Roopa, ‘Women’s Reservation Bill Is Significant, but
Concerted Efforts Needed to Realise Full Potential’, The Wire.

5. Roytalukdar Jiyan, ‘The Women’s Reservation Bill in India 2023: A Closer Look at
Nari Shakti Vandan Adhiniyam,’ Impact and Policy Research Institute.

6. Sharma Pratul, ‘Explained: Politics of the women's reservation bill and challenges
ahead,’ The Week.

7. Singh Rashmi, ‘Women’s Reservation Act and its Unsettled Details,’ The India Forum.

8. V. Krithika & Patnaik Sushovan, ‘The Women’s Reservation Bill has a long history of
arguments and stakes,’ Supreme Court Observer.

9. Upadhyay Deepak, ‘What's the women's reservation bill, its history, and who brought
it first,’ Live Mint.

11 | P a g e
i
Zoya Hasan, E. Sridharan & R. Sudarshan (Eds.), India’s Living Constitution: Ideas, Practices, Controversies
(Permanent Black, New Delhi, 1st ed., pp. 405-427, 2002)
ii
Divya Pradeep & Roopa Patavardhan, ‘Women’s Reservation Bill Is Significant, but Concerted Efforts Needed to
Realise Full Potential’, The Wire, available at [Link]
efforts-empowerment (last visited on November 16, 2024).
iii
Id.
iv
Laura Dudley Jenkins, Competing Inequalities: The Struggle for Legislative Seats for Women in India. International
Review of Social History 44, 1999.
v
J. Krishnamurti (Ed.), Women in Colonial India: Essays on Survival, Work and the State (Oxford University Press,
New Delhi, 1st ed., pp.7-16, 1989).
vi
Id.
vii
Supra note 1.
viii
Granville Austin, Working a Democratic Constitution: A History of the Indian Experience (Oxford India Press, New
Delhi, India, 1st edition, 1999).
ix
Pratap Bhanu Mehta, The Burden of Democracy (Penguin India, New Delhi, 1st edition, 2003).
x
Navya Benny, ‘Women's Reservation & Our Founding Mothers: Reflections on Constituent Assembly Debates,’ Live
Law, available at [Link]
assembly-debates-238234?from-login=910678 (last visited on November 15, 2024).
xi
Constituent Assembly Debates December 19, 1946; 1.9.42
xii
Supra note 10.
xiii
Praveen Davar, ‘Ambedkar: Architect of Constitution and Women’s Empowerment,’ The Wire, available at
[Link] (last visited on November 11, 2024).
xiv
Deepak Upadhyay, ‘What's the women's reservation bill, its history, and who brought it first,’ Live Mint, available at
[Link]
[Link] (last visited on November 11, 2024).
xv
Id.
xvi
Krithika V. & Sushovan Patnaik, ‘The Women’s Reservation Bill has a long history of arguments and stakes,’
Supreme Court Observer, available at [Link]
history-of-arguments-and-stakes/ (last visited on November 14, 2024).
xvii
One Hundred and Sixth Constitutional Amendment Act, 2023.
xviii
Pratul Sharma, ‘Explained: Politics of the women's reservation bill and challenges ahead,’ The Week , available at
[Link]
[Link] (last visited on November 10, 2024).
xix
Gautam Bhatia, The Transformative Constitution (Harper Collins, Delhi, 1st edition, 2019).
xx
Granville Austin, Working a Democratic Constitution: A History of the Indian Experience (Oxford India Press, New
Delhi, India, 1st edition, 1999).
xxi
Rashmi Singh, ‘Women’s Reservation Act and its Unsettled Details,’ The India Forum available at
[Link] (last visited on November 12,
2024).
xxii
Jiyan Roytalukdar, ‘The Women’s Reservation Bill in India 2023: A Closer Look at Nari Shakti Vandan Adhiniyam,’
Impact and Policy Research Institute, available at [Link]
update/ (last visited on November 12, 2024).
xxiii
Supra note 21.