A day after the Rajya Sabha passed the epoch-making Women’s Reservation Bill providing 33 per cent quota for the fairer sex in the Lok Sabha and state Assemblies, Law Minister M Veerappa Moily spoke to B S Arun of Deccan Herald on the roadmap the UPA government has drawn up to get it approved in the Lower House and make the law functional on ground.
Excerpts:
The women’s bill has crossed the first hurdle. When will it come before the Lok Sabha and what are the chances of its passage?
The bill will now go to the LS where it has to be passed by two-thirds of the members present and voting. We have a majority in the LS and it will go through. The parties which are opposing the bill — like SP and RJD — know that it is not possible under the provisions of the Constitution. They are opposing it because they are scared that their hegemony will end and Congress will take that space. Congress is already on resurgence in Uttar Pradesh, having won 21 Lok Sabha seats, while we will soon make inroads in Bihar too.
Once parliament passes the bill, what is the roadmap before it is finally implemented?
After parliament passes it, the state legislatures will have to approve it. At least 14 states will have to pass the bill through simple majority. The President will then put her signature to the legislation. After that we need to bring a law for determination of seats and for providing parameters for rotation of seats like the Delimitation Act. Then a commission will be constituted and it will go around the country, hold proper consultations with the stake-holders such as MPs, MLAs, etc. Thereafter seats will be determined and the rotation formula fixed. This will complete the process in the context of 108th amendment to the Constitution which is women’s bill.
What’s the time-frame you have in mind? Will it be operational by the time of Assembly elections in Tamil Nadu and West Bengal in May, 2011?
Very difficult (to make it operational by then). it requires a lot of exercise. We require more than a year for it.
Can we expect it by 2013?
Definitely yes.
Will the Lok Sabha take up the bill next week?
The business advisory committee of LS is meeting this Friday and will take a decision. The budget session will take a break for three weeks on March 16, unless extended. Before that we have three finance matters and one ordinance to be made into law. They are a priority.
Why was the demand of the anti-bill parties for a quota within quota for other backward classes and minorities not considered?
Article 330 provides for reservation of seats for SCs and STs in Lok Sabha and Article 332 provides for the same in state Assemblies. These seats are determined as per their population. The demand for OBC reservation cannot be taken up straight away. What is the basis for this demand, where is the data of the OBCs in the country, how to determine their population? The last caste-based census in the country was held way back in 1931. So we don’t have facts and figures for making reservation on the basis of castes. The same applies to minorities.
Even if we want to take up caste-based census now, it is not possible, though new census is round the corner. Because it is too late and no policy decision has been taken. It can be taken up only in the next census, in 2021. So, those who are demanding quota within quota should know this. Why they are not talking about it? Another issue is the definition of the OBCs. A particular caste may be backward in one state and may not be in the other.
Also, even if we amend the Constitution as per their demand, the courts will strike it down because it won’t be in accordance with the provisions of the Constitution. We cannot provide reservation for OBC women without first making provision for the caste-based census and determine their population.
The BSP is calling for enhanced quota for SCs, STs...
Quota for them is as per their population. There is a review of seats on the basis of population. The Delimitation Commission has just gone into that matter. That’s how seats are determined.
How is the women’s bill different from 73rd and 74th amendments to the Constitution (which provide reservation for women in panchayat raj institutions and urban local bodies) when it comes to OBCs?
When parliament enacted these amendments, the law makers left it to the states to decide on the issue.
What about women’s reservation in other countries?
The average representation for women in India is 11.25 per cent of the total number of elective seats in the country whereas the world average is 19 per cent and Asian average is 18.7 per cent. Look at the figures in other countries: South Africa provides 44.5 per cent representation for women. In Germany, political parties provide a voluntary representation of 32.8 per cent, USA 16.8, UK 19.4, and the Russian Federation 14. Look at our neighbours: Pakistan 17 per cent, Bangladesh 18.6, while Nepal has a mandatory quota of 32.3. About 50 countries in the world have reservation, either voluntary or mandated through a legislation in their parliaments. We claim we are a progressive democracy where women are respected, but we were lagging behind when it came to empowerment of women.
The women’s bill has crossed the first hurdle. When will it come before the Lok Sabha and what are the chances of its passage?
The bill will now go to the LS where it has to be passed by two-thirds of the members present and voting. We have a majority in the LS and it will go through. The parties which are opposing the bill — like SP and RJD — know that it is not possible under the provisions of the Constitution. They are opposing it because they are scared that their hegemony will end and Congress will take that space. Congress is already on resurgence in Uttar Pradesh, having won 21 Lok Sabha seats, while we will soon make inroads in Bihar too.
Once parliament passes the bill, what is the roadmap before it is finally implemented?
After parliament passes it, the state legislatures will have to approve it. At least 14 states will have to pass the bill through simple majority. The President will then put her signature to the legislation. After that we need to bring a law for determination of seats and for providing parameters for rotation of seats like the Delimitation Act. Then a commission will be constituted and it will go around the country, hold proper consultations with the stake-holders such as MPs, MLAs, etc. Thereafter seats will be determined and the rotation formula fixed. This will complete the process in the context of 108th amendment to the Constitution which is women’s bill.
What’s the time-frame you have in mind? Will it be operational by the time of Assembly elections in Tamil Nadu and West Bengal in May, 2011?
Very difficult (to make it operational by then). it requires a lot of exercise. We require more than a year for it.
Can we expect it by 2013?
Definitely yes.
Will the Lok Sabha take up the bill next week?
The business advisory committee of LS is meeting this Friday and will take a decision. The budget session will take a break for three weeks on March 16, unless extended. Before that we have three finance matters and one ordinance to be made into law. They are a priority.
Why was the demand of the anti-bill parties for a quota within quota for other backward classes and minorities not considered?
Article 330 provides for reservation of seats for SCs and STs in Lok Sabha and Article 332 provides for the same in state Assemblies. These seats are determined as per their population. The demand for OBC reservation cannot be taken up straight away. What is the basis for this demand, where is the data of the OBCs in the country, how to determine their population? The last caste-based census in the country was held way back in 1931. So we don’t have facts and figures for making reservation on the basis of castes. The same applies to minorities.
Even if we want to take up caste-based census now, it is not possible, though new census is round the corner. Because it is too late and no policy decision has been taken. It can be taken up only in the next census, in 2021. So, those who are demanding quota within quota should know this. Why they are not talking about it? Another issue is the definition of the OBCs. A particular caste may be backward in one state and may not be in the other.
Also, even if we amend the Constitution as per their demand, the courts will strike it down because it won’t be in accordance with the provisions of the Constitution. We cannot provide reservation for OBC women without first making provision for the caste-based census and determine their population.
The BSP is calling for enhanced quota for SCs, STs...
Quota for them is as per their population. There is a review of seats on the basis of population. The Delimitation Commission has just gone into that matter. That’s how seats are determined.
How is the women’s bill different from 73rd and 74th amendments to the Constitution (which provide reservation for women in panchayat raj institutions and urban local bodies) when it comes to OBCs?
When parliament enacted these amendments, the law makers left it to the states to decide on the issue.
What about women’s reservation in other countries?
The average representation for women in India is 11.25 per cent of the total number of elective seats in the country whereas the world average is 19 per cent and Asian average is 18.7 per cent. Look at the figures in other countries: South Africa provides 44.5 per cent representation for women. In Germany, political parties provide a voluntary representation of 32.8 per cent, USA 16.8, UK 19.4, and the Russian Federation 14. Look at our neighbours: Pakistan 17 per cent, Bangladesh 18.6, while Nepal has a mandatory quota of 32.3. About 50 countries in the world have reservation, either voluntary or mandated through a legislation in their parliaments. We claim we are a progressive democracy where women are respected, but we were lagging behind when it came to empowerment of women.
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