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A shocking betrayal
By Jayanthi Natarajan
THE LAST day of the winter session of Parliament saw total
betrayal of women of this country. In case this thought be
dismissed as ranting hyperbole, I would like to question the
credentials of a system of parliamentary democracy that does not
allow even a discussion of a law which will make so much
difference to the lives of women who form half of the country's
population. It is not just certain political parties that blocked
the Women's Reservation Bill, the NDA Government did a volte-face
and reneged on its commitment to get it passed in this session.
The people have witnessed the disgraceful behaviour of certain
members who publicly stated they would physically prevent the
discussion on the Bill and then proceeded to do so, with not even
a token protest from other members allegedly supportive of the
Bill. The scene on the last two days of the Lok Sabha looked
uncannily orchestrated, as the Bill was ritualistically listed,
evoked a ritualistic protest and the House ritualistically (and
speedily) adjourned.
The Samajwadi Party (SP) and the Rashtriya Janata Dal (RJD) did
what was expected of them, for this was after all their public
position on the matter. This time, however, the NDA showed its
true colours. It is now clear the Government never had any
intention of passing the Bill. Despite repeated demands from
women MPs and women's groups, it only listed the Bill for a
discussion on the last working day (Fridays are reserved for
private member's resolutions). Right through the session, when we
trudged from door to door, meeting senior Cabinet Ministers and
requesting them to ensure an early discussion of the Bill, we got
only disquieting and ominous signals of procrastination.
All the talk about ``building up a consensus'' on the Bill is
nothing more than bunkum. After all, the Government does not
attempt to reach a consensus on levying taxes, or on the WTO, or
the agriculture policy or even on a matter so vital to our
economy as globalisation. Therefore, the sudden spirit of
accommodation and sweet reasoning on the part of the Government
makes it obvious that this ploy is merely a tactic to delay
matters and evade the issue.
The fraudulent nature of the consensus argument stands further
exposed when it is remembered that the issue has been discussed
since September 11, 1996. The Women's Bill was then referred to a
Joint Parliamentary Committee, headed by the late Geeta
Mukherjee, which submitted its report to Parliament on December
9, 1996. The Bill as recommended by the Committee was brought
before the Lok Sabha for consideration in May 1997, July 1998,
December 1998 and finally introduced, amid great drama by the
then Union Minister, Mr. Ram Jethmalani, on December 23, 1999. It
is incomprehensible what further consensus the Government hopes
to achieve. The issue has been discussed threadbare for over four
years, and all that remains to be done is to pass the Bill and
make it law. It seems that it would admirably suit the posturing
of parties to keep trotting out increasingly implausible
inanities to further delay the Bill.
On the last day of the session, the Prime Minister, during his
astonishing and uncharacteristic display of temper towards the
Leader of the Opposition, Mrs. Sonia Gandhi, also let the cat out
of the bag. What he said was what the Home Minister, Mr. L. K.
Advani, had said the previous day and what NDA leaders had been
privately saying for weeks. Basically, the deal was: forget the
Women's Bill in its present form and consider, instead, the so-
called alternative Bill suggested by the Election Commission.
The Commission's proposal has come at an inopportune time, giving
the Government a loophole to weasel out of its commitment to pass
the Bill. The Bill proposed by the Commission will not ensure
representation of women in Parliament (or the State Assemblies).
To achieve a token compliance with the requirement of 33 per cent
tickets to women (if such a Bill is passed), the parties will
simply put up women in constituencies that are unwinnable or have
been rejected by men as unsuitable. Even if this were not true,
another major problem would remain. In a general constituency,
women candidates simply cannot match the money and muscle power
with which men dominate an election. In this unequal battle, the
token women candidates will lose and the precentage of women who
actually make it to Parliament will stagnate at the same level,
thereby rendering useless the very object of the legislation.
The Election Commission and writers like Ms. Madhu Kishwar have
pointed out that in the past the overall success rate of women in
elections was better than that of men. In other words, women
candidates have proved more successful than their male
counterparts. However, this does not in any way imply that men
and women are on an equal footing in the fray. The women who
fought and won elections in the past are too few in number to
predicate upon them a theory of success and in any case, they are
not typical of the average Indian woman.
The Chief Election Commissioner, Dr. M. S. Gill, has talked about
studies which proved that the ``winnability'' of women is over 50
per cent higher than that of men and based on this reckoning,
even if 20 per cent women (out of 33 per cent fielded by
parties?) make it to Parliament, there will be 120 to 150 of
them. The logic of this argument is difficult to sustain for, it
would have been impossible to conduct any meaningful study of the
winnability of women based upon the woefully inadequate number of
women who contested in the past 50 years. Secondly, the majority
of the women who have thus far fought the elections usually came
from privileged or powerful backgrounds and were thus less
handicapped in facing powerful male opponents. Therefore, it
would be totally inappropriate to compare the ``winnability'' of
these women to the potential of an average grass root party
worker without powerful backing.
The further argument in some quarters that rotation of seats,
arising out of reservation for women, will result in injustice to
the existing members and they will therefore lose interest in
nurturing their constituencies is blatantly violative of the
basic tenets of accountability. It would be undemocratic in the
extreme to link the nurturing of a constituency with a member's
vested interest to continue there in perpetuity. By any standard
of democratic behaviour, elected representatives are expected to
properly nurture their constituencies for the precise reason they
are elected by the people, and are not hereditary zamindars.
The demand for reservation of seats for women has arisen because
of the abysmal track record of political parties and the highly
improbable prospect of their being sincerely committed to this
measure in the future. This is not to suggest, however, that a
law mandating that parties give 33 per cent of their tickets to
women should not be passed. On the contrary, such a law would be
a welcome move, provided it is not meant to replace or substitute
the proposed Constitutional Amendment seeking to reserve seats in
legislatures for women.
In the final analysis, it is clear that most parties are actually
against the Women's Bill, notwithstanding their pious public
posturing. If the SP, the RJD and the Samata were genuinely
committed to their loudly proclaimed objective of ensuring
reservation within reservation for OBC women, nothing prevented
them from bringing in amendments to the proposed legislation.
Everybody would have supported them, their objective would have
been realised and the Women's Bill passed. However, despite our
personal pleas, Mr. Mulayam Singh Yadav was adamant that his
party would not move the very amendments it was allegedly
fighting for, but that the Government should do it. Thereafter
members from the SP, the Samata and the RJD physically prevented
a discussion on the Bill in Parliament.
However, the behaviour of these parties was entirely predictable.
It was the deceitful and shocking betrayal by the NDA Government
that has stunned the women. It is obvious that despite the
various disingenuous alternatives now being offered, the NDA
Government has absolutely no intention of implementing 33 per
cent reservation of seats for women in the legislatures. It is
time now for women to resort to direct and more dynamic action in
order to safeguard their constitutional rights.
(The writer is a Rajya Sabha MP.)
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