In my article published in The Indian Express dated October 15, 1996, I had pointed out that despite the recommendations of the Women's Committee appointed in the year 1972, the political parties have passed resolutions on electoral considerations and incorporated in their manifestoes that they would provide reservation in favour of women to the extent of one-third.

The committee had identified seven reasons against reservation in Legislatures in favour of women, but the parties went ahead without realising the adverse consequences of reservation. In that article dealing with the effect of reservation, I had said that reservation in favour of women in one-third of the constituencies in reality means disqualifying men from contesting elections from these constituencies.

It is precisely for this reason that reservation for women is not provided for in any of the democratic systems of the world. I had also said that though in law, a male candidate can contest from any other constituency in the state or the country for the State Legislature and Lok Sabha respectively, in reality a person can contest from only one constituency his home constituency, or the constituency which he has nursed. The moment that constituency is reserved in favour of women, he stands totally deprived of the right to equality. Further, such reservation would disable one-third of active men politicians from contesting elections. Needless to say, many of them are bound to be very eminent, devoted, honest and efficient. Their presence in the legislature would be valuable. Conversely, their absence may detract from the power and effectiveness of the legislature to a like extent. This will obviously do immense harm to the democratic set-up.

It appears that many persons in different political parties have now come to similar conclusions. But they find themselves placed in a dilemma. Having acceded to a proposal that seemed to be politically correct at the time, without having given due thought to the issue, they are now in a situation from which it is morally difficult to draw back. Hence, they are creating all sorts of hurdles to the amendment to the Constitution which will provide for the reservation of seats in favour of women. At the same timi, they are overtly reiterating their stand for reservation in favour of women for public consumption.

Having created hopes among women, the political parties are finding it difficult to do an about turn right away, though some of them are, naturally, extremely desirous of doing so. In this situation, there seems to be only one way out, without affecting the representation of men in Parliament. In addition to the rights that women have to contest in any of the constituencies, special provision could be made in favour of women by amending the Constitution on the following lines: The strength of the Lok Sabha and the State Legislative Assemblies may be increased by 10 per cent of their present strength

Thereafter, all the seats so increased shall be filled up by women, who shall be elected by the members of the Lok Sabha or the State Legislative Assembly, as the case may be, in accordance with the system of proportional representation by means of a single transferable vote. In other words, they will have to adopt a method similar to the one prescribed in Article 171 (4) of the Constitution of India for the purpose of election to Legislative Councils from among the members of Legislative Assemblies.

The method will help most deserving women candidates who find it impossible to contest general elections and undertake gruelling and strenuous electioneering to enter the legislatures and make their valuable contribution to the process of lawmaking. It would also assure a minimum guarantee of 10 per cent of seats to women, in addition to the seats which they can win in competition with men in the general elections. Further, political parties could give adequate representation to backward class women while giving tickets to contest these 10 per cent seats, whose election would be assured.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.