THE PATH TO GENDER PARITY: ANALYZING THE CONSTITUTION (ONE HUNDRED AND TWENTY-EIGHTH AMENDMENT) BILL, 2023
Introduction
The “Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023,” commonly known as the women’s reservation Bill, has been introduced during the ongoing special session of Parliament by the Modi government.
This move has sparked significant interest and discussion across the country. The idea of gender quotas in legislative bodies dates back to the freedom movement, but women members of the Constituent Assembly chose not to pursue reservations at that time, fearing it might limit women’s representation.
Historical Context
- Despite decades of independence, the number of women representatives in legislatures remained disappointingly low.
- It was only after the enactment of the 73rd and 74th constitutional amendments, which reserved 33 percent of seats in panchayats and urban local bodies for women, that the demand for gender quotas in legislative bodies gained momentum.
Past Attempts
- Since 1996, several governments have introduced various versions of the women’s reservation Bill, but it has failed to become law due to a lack of political consensus.
- The UPA government managed to pass the Bill in the Rajya Sabha in 2010, but it faced opposition in the Lok Sabha and lapsed upon the dissolution of the House in 2014.
Current Prospects
- With the current government enjoying a strong majority in Parliament, there is hope that the Bill will finally become law.
- This could be a historic achievement for the Modi government and a significant step towards women’s political representation.
Analysis of the 2023 Bill
The 2023 Bill is reminiscent of the 2008 Bill introduced by the UPA government, mandating 33 percent reservation for women in the Lok Sabha, state Legislative Assemblies, and the Delhi Assembly.
It also reserves one-third of seats for women within the existing SC and ST reservations. However, it faces criticism on two main grounds:
- Unclear Implementation Timeline: The Bill lacks clarity on when the reservation will come into effect. It states that it will be implemented “after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first Census taken after commencement of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023 has been published.” This ambiguity needs to be addressed, ideally by specifying its implementation in the next general elections.
- Exclusion of the Rajya Sabha and State Legislative Councils: Similar to previous Bills, the current one does not provide for women’s reservation in the Rajya Sabha and state legislative councils. Achieving gender parity in both the Lower and Upper Houses is crucial, and policymakers should consider innovative solutions to address this gap.
Overcoming Misconceptions
Some critics argue that women legislative members will merely serve as proxies and won’t have a real impact. This argument is misguided and ignores women’s agency. The fear of misuse by a few should not be a reason to deny others their right to representation.
Conclusion
While the 2023 Bill is not without its flaws, it represents a significant step forward in achieving gender parity in politics. The long-awaited enactment of this Bill can’t afford further delays, as there’s still a long way to go in achieving true gender equality in the political arena.
The government’s initiative to make women’s reservation a reality should be welcomed, and it should be followed by continued efforts to ensure equal representation for all segments of the population, including women, SC, ST, and other minorities in both Houses of Parliament.
THE HUMAN URGE FOR EXPLORATION: LESSONS FROM ANTARCTICA AND OUTER SPACE
Introduction
- The innate human drive for competition and exploration has played a significant role in shaping the course of history.
- This instinct has been evident in endeavors such as polar expeditions and space exploration.
Antarctica: The Race to the South Pole
- In the early 20th century, two renowned explorers, Robert Scott and Roald Amundsen, embarked on daring missions to reach the South Pole, a quest driven by the human need to conquer uncharted territories.
- Amundsen’s Norwegian team triumphantly planted their flag on the South Pole on December 14, 1911, besting Scott’s British expedition by 34 days.
- Amundsen’s success at the South Pole marked an enduring legend, despite Scott’s tragic demise.
Territorial Claims in Antarctica
- After Norway’s claim of the South Pole, several nations, including Britain, sought their share of Antarctica’s vast expanse.
- Currently, seven countries, including Australia, Argentina, Chile, France, New Zealand, and the UK, assert territorial sovereignty over portions of Antarctica.
- Unlike colonial-era colonies, these territories are not inhabited by subject populations or subjected to resource exploitation. Still, the question arises: why these claims?
Regulation and Antarctica’s Preservation
- The International Geophysical Year (IGY) in 1958 prompted significant Antarctic exploration, raising concerns about potential Cold War rivalries.
- President Dwight D. Eisenhower convened an Antarctic Conference in 1959 to negotiate a treaty.
- The resulting Antarctic Treaty, now joined by 54 parties, promotes scientific research and the peaceful use of the continent while prohibiting nuclear testing, military activities, economic exploitation, and further territorial claims.
Challenges of Human Presence in Antarctica
Despite conservation efforts, Antarctica hosts approximately 66 scientific stations, with thousands of researchers temporarily residing there. This human footprint raises questions about the continent’s well-being and the necessity of such extensive presence.
Outer Space: A Race to the Stars
- Just as Antarctica drew explorers, outer space captivates nations racing to conquer new frontiers.
- The Moon Agreement, adopted by the UN General Assembly in 1979, echoes the principles of the Antarctic Treaty, emphasizing peaceful use, environmental preservation, and the common heritage of the moon.
- It anticipates potential territorial disputes in space and the need for restraint.
India’s Role in Space Ethics
- India’s Chandrayaan-3 mission’s success offers an opportunity for the nation to set a responsible precedent for lunar exploration.
- Prime Minister Narendra Modi’s statement underscores the shared heritage of space exploration, which should transcend national interests.
- India has the potential to craft a declaration of fundamental rights in outer space, aligning with a moral compass to ensure the non-militarization of space and responsible debris management.
Conclusion
The human impulse to explore and compete has shaped history, from Antarctica to outer space.
Lessons from Antarctica underscore the importance of international cooperation, responsible exploration, and the preservation of shared resources.
As India continues its space missions, it has an opportunity to set a global example by advocating for ethical principles in outer space, ensuring the legacy of shared exploration and the protection of cosmic heritage.
