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Intersectional Failures: The Exclusion of OBC Women from the Women’s Reservation Bill 2023

Introduction


The Women’s Reservation Bill, originally introduced in the Lok Sabha by HD Deve Gowda nearly thirty years ago (81st Amendment Bill), was later reintroduced by the UPA government through the 108th Amendment Bill in the Rajya Sabha. Under the current BJP government, the bill has now evolved from a long-standing goal into a legal reality with the passage of the 128th Amendment Bill in the Lok Sabha. It has sparked lively discussion and debate amongst the Indian population, an overview of which is covered in this blog.


Drawbacks of the bill


While feminists across India have expressed support for the bill’s underlying intent, as a concerned citizen and an advocate for gender equality, my enthusiasm is tempered by concerns about the timing of the bill’s reintroduction and its subsequent passage. The long-standing promises made to ensure the well-being of 'Behen and Beti' (sisters and daughters) from marginalized communities have, unfortunately, remained unmet over the past nine years—this includes incidents like the Hathras gang rape and murder, and the ongoing atrocities in Manipur. More troubling is the absence of specific provisions for OBC women within the bill. This concern goes beyond the tenure of any particular government and instead points to a wider, systemic failure across political parties, both in power and in opposition, spanning several decades. This issue is further complicated by the potential introduction of a sub-quota once constitutional amendments are made to accommodate political reservation for OBCs.


Upon closer examination of the past, we find recommendations made by joint parliamentary committees led by Geeta Mukherjee in 1996 and Jayanthi Natarajan in 2009. These committees strongly advised that the government consider extending reservation benefits to OBCs in due course, ensuring that OBC women would also benefit from the reservations.


This raises several critical questions: Why were these recommendations left out of the legislative process that led to the bill's passage? Was it due to haste, or was it the result of a selective exclusion of certain groups? What prospects await OBC women in the realm of Indian politics? These are important questions that help us understand the broader implications of the Women’s Reservation Bill and the potential for real political change it might—or might not—bring.


Analysis


It is crucial to note that this concern is not limited to a single political party or government; it reflects a more widespread issue of neglect and inaction over the years. Despite the recommendations made by the parliamentary committees, the government has failed to adequately address the needs of OBC women, leaving them in a state of political uncertainty. If the current government continues to encourage divisive tendencies, it could undermine the progress that feminists have worked tirelessly to achieve in the pursuit of gender equality.


Way forward


The journey of the Women’s Reservation Bill in India has been long, marked by promises, delays, and glaring oversights, particularly the exclusion of OBC women. To address this, the bill must be amended to explicitly include provisions for OBC women’s representation. This amendment should be developed in consultation with OBC communities to ensure their unique challenges are addressed. Additionally, the government should undertake a nationwide consultative process involving representatives from OBC communities, women’s organizations, and civil society groups. This process would allow for inclusive dialogue and ensure the bill is responsive to the diverse needs of the population it intends to serve.


Conclusion


In conclusion, the Women’s Reservation Bill is a step forward in advancing gender equality in Indian politics. However, its success in achieving the goals outlined in Article 15 of the Indian Constitution, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the United Nations Sustainable Development Goal 5 (SDG 5), hinges on ensuring its inclusivity. Furthermore, the potential establishment of a sub-quota for OBC women demands careful consideration and proactive efforts from policymakers. Intersectionality, which is a key aspect of Indian political and social life, can hence not be ignored when legislative decisions like these are made. 


 
 
 

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Centre for Human Rights and Subaltern Studies

National Law University, Delhi 

Sector-14 Dwarka, Delhi - 110078

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