Seventy-one years have passed since India adopted its Constitution, guaranteeing equality to all its citizens, including its largest minority population — women.(HTPHOTO)
Seventy-one years have passed since India adopted its Constitution, guaranteeing equality to all its citizens, including its largest minority population — women.(HTPHOTO)

Reform institutions to ensure equitable representation to women

It was BR Ambedkar who stated that a Constitution was only as good as the individuals who implemented it. Thus, a modern democratic nation-state must aspire to develop institutions that enshrine within themselves constitutional values as originally conceptualised in their foundation
By Reshma Arif Khan
PUBLISHED ON DEC 04, 2020 11:36 AM IST

As a document, the Constitution lays the legal foundations for a country’s governance and formulates the institutions tasked with implementing the principles enshrined in it. For India, these institutions are the legislature, the judiciary, and the executive. With the legislature being empowered to make the laws, the judiciary tasked with adjudication and the executive being duty-bound to ensure implementation, the three are meant to safeguard and actualise the founding document’s core tenets.

Seventy-one years have passed since India adopted its Constitution, guaranteeing equality to all its citizens, including its largest minority population — women. This was a radical step undertaken by the framers, considering that most supposedly liberal democracies had refused to guarantee universal suffrage at that time.

What is also important is that the framers didn’t just confine themselves to providing women with a guarantee of formal equality, but through Article 15(3) that reads: “Nothing in this article shall prevent the State from making any special provision for women and children” — also opened avenues for the State to take steps towards promoting substantive equality. This was a crucial provision as it implied that the framers realised that Article 15 alone wasn’t enough, and that special provisions were required to ensure that women are able to exercise their right to equality.

Have we been able to achieve these targets?

The legislative branch, made up of the Rajya Sabha and the Lok Sabha account for only 103 female Members of Parliament (MPs) out of 795 sitting MPs. This is approximately 13% representation. This raises the question as to whether, we as a country are truly committed to equal representation especially when the foremost representative body in our democracy provides barely any representation to the country’s largest minority?

Unfortunately, this lack of representation isn’t limited to the legislature but rather spreads to the judiciary as well, where female judges account for 6% of the Supreme Court and 11.5% and 27.6% in the high courts and the lower judiciary respectively. These figures are also indicative of successive decreases in women’s representation with each rung of the judicial hierarchy. This is disheartening considering the fact that the institution that was envisioned to protect the principles of the Constitution has failed to ensure them.

In terms of representation in the police, female personnel account for 7.28% (State of Policing Report, 2019) of the country’s police force. This is striking when we consider the fact that it is required by law for female uniformed personnel to be present when escorting/arresting a female accused. Considering the serious lack of female representation, how has the police been able to comply with this law? And in the off chance that it has failed to follow procedure, would that not be a violation of the accused’s right to dignity and liberty?

It was BR Ambedkar who stated that a Constitution was only as good as the individuals who implemented it. Thus, a modern democratic nation-state must aspire to develop institutions that enshrine within themselves constitutional values as originally conceptualised in their foundation. The failure of these institutions to provide equitable representation to women, continues to serve as a stark reminder of what poor implementation can do to a fantastic document. Two decades into this century, India must put behind itself the regressive ghosts of its past that continue to haunt its institutions. As the country looks to move towards a more just and equitable future, it must begin by reforming its institutions to represent more accurately some of its most important stakeholders.

Reshma Arif Khan is a lawyer and secretary of The Guild For Service

The views expressed are personal

SHARE THIS ARTICLE ON
app
Close
While social media has the ability to democratise politics, it can also silence voices. This is troubling (AFP)
While social media has the ability to democratise politics, it can also silence voices. This is troubling (AFP)

The democratic dilemma posed by social media

By Manjari Chatterjee Miller
UPDATED ON JAN 22, 2021 06:20 AM IST
The banning of Trump and others from Twitter and Facebook, and the shutdown of Parler made clear that the power to silence voices, whether of the one or of millions, lies with just three men on the planet – Mark Zuckerberg of Facebook, Jack Dorsey of Twitter, and Jeff Bezos of Amazon. No wonder defending democracy will be a huge and unenviable task for President Biden’s team.
Close
The Supreme Court, in 2019, acknowledged that internet access is integral to the right to freedom of speech and expression while adding that any restriction on internet access must pass the test of proportionality, and suggested the evolution of a rules-based mechanism to govern the internet. (Getty Images/iStockphoto)
The Supreme Court, in 2019, acknowledged that internet access is integral to the right to freedom of speech and expression while adding that any restriction on internet access must pass the test of proportionality, and suggested the evolution of a rules-based mechanism to govern the internet. (Getty Images/iStockphoto)

Putting the consumer at the centre of Digital India

By Lloyd Mathias
UPDATED ON JAN 22, 2021 06:21 AM IST
One way to empower consumers is by creating mechanisms to ensure inter-operability, by making it easier to switch services from one platform to another. In telecom, interoperability is implemented. However, in the internet space, and more prominently in the app space, consumers do not have this choice.
Close
Project finance economies have different imperatives from working capital economies. They need investment to fill the gaps in their infrastructure and lack the resources to do so (Pratik Chorge/HT PHOTO)
Project finance economies have different imperatives from working capital economies. They need investment to fill the gaps in their infrastructure and lack the resources to do so (Pratik Chorge/HT PHOTO)

The working of a ‘project finance economy’

By Janmejaya Sinha
UPDATED ON JAN 22, 2021 06:19 AM IST
It is time to question neo-classical economic precepts on deficit and inflation for an economy of India’s nature
Close
Their success highlights the depth and strength of talent in the country (PTI)
Their success highlights the depth and strength of talent in the country (PTI)

Courage, calibre, character: India’s greatest series win

By Ayaz Memon
PUBLISHED ON JAN 20, 2021 08:07 PM IST
The experienced pros and newcomers combined to prove a point to themselves, the opponents and the world. And created history
Close
The Centre ensured the supply of drugs with equitable and integrated access (REUTERS)
The Centre ensured the supply of drugs with equitable and integrated access (REUTERS)

Managing drug security effectively in times of a pandemic

By Sudhansh Pant
UPDATED ON JAN 20, 2021 09:19 PM IST
The Centre’s strategy to ensure sufficient access, monitor stocks and distribution, issue approvals, maintain seamless supply chain of drugs, effectively communicate with stakeholders, and evolve a dynamic Clinical Management Protocol (CMP) has contributed significantly to India’s Covid-19 management success
Close
A new report by Chatham House describes India as UK’s ‘rival’ or ‘at best, an awkward counterpart’ on par with Russia, Turkey and Saudi Arabia. It also weighs in against the idea of expanding G7 to include India (Getty Images)
A new report by Chatham House describes India as UK’s ‘rival’ or ‘at best, an awkward counterpart’ on par with Russia, Turkey and Saudi Arabia. It also weighs in against the idea of expanding G7 to include India (Getty Images)

Is ‘Global Britain’ inimical to India?

By Syed Akbaruddin
UPDATED ON JAN 20, 2021 09:10 PM IST
There are disturbing signals from both segments of British polity and civil society. India will need to assess the UK’s position carefully
Close
Pakistan's opposition parties had united last year under the aegis of Pakistan Democratic Movement to launch coordinated attacks on Prime Minister Imran Khan(AFP)
Pakistan's opposition parties had united last year under the aegis of Pakistan Democratic Movement to launch coordinated attacks on Prime Minister Imran Khan(AFP)

Imran Khan gets squeezed between shrinking economy and proactive opposition

UPDATED ON JAN 20, 2021 05:48 PM IST
  • Differences between China and Pakistan over funding of CPEC's biggest railway project spotlights the growing pressures on PM Imran Khan on the economy front
Close
There is evidence to indicate that the PLA's work and engineering force deployed to upgrade infrastructure in occupied Aksai Chin moved back after completion of work last month
There is evidence to indicate that the PLA's work and engineering force deployed to upgrade infrastructure in occupied Aksai Chin moved back after completion of work last month

India should be wary of Chinese mind games

UPDATED ON JAN 13, 2021 12:31 PM IST
  • Withdrawal from the vast Tibetan and Xinjiang military region means little in an era of stand-off weapons and long-range missiles. The Chinese PLA has capacity to deploy troop divisions within a week with metalled roads and optical fibre cables up to the last military post and advanced landing grounds (ALGs) all along the LAC.
Close
President Xi Jinping, unconcerned about China's isolation, is expected to take steps that raise tensions ahead of the 100th anniversary of the communist party
President Xi Jinping, unconcerned about China's isolation, is expected to take steps that raise tensions ahead of the 100th anniversary of the communist party

Xi Jinping is preparing for a special birthday party. It has repercussions

UPDATED ON JAN 10, 2021 02:26 PM IST
  • The 100th-anniversary celebrations of the Chinese communist party would be projected as a strong counter to the so-called ‘century of humiliation’ that the Chinese empire and the Republic of China faced between 1839 and 1949 at the hands of western powers, Russia and Japan.
Close
Oli has been emboldened to stick to power even by breaking the party. In the process, the shallowness of Oli’s opportunistic and politically driven anti-Indian nationalism has been exposed(AFP)
Oli has been emboldened to stick to power even by breaking the party. In the process, the shallowness of Oli’s opportunistic and politically driven anti-Indian nationalism has been exposed(AFP)

What India should, and shouldn’t, do in Nepal

By SD Muni
UPDATED ON JAN 08, 2021 07:59 PM IST
Irrespective of whether Nepal has elections or witnesses the restoration of Parliament, a prudent course for India would be to let Nepal cope with its internal political mess
Close
India is currently the world’s third largest consumer of oil with growing demand and limited domestic supplies. Import in 2019-20 was 1.6 billion barrels and will increase as its economy expands.(REUTERS)
India is currently the world’s third largest consumer of oil with growing demand and limited domestic supplies. Import in 2019-20 was 1.6 billion barrels and will increase as its economy expands.(REUTERS)

To secure India’s energy future, create a sovereign wealth fund and invest

By Amit Bhandari
UPDATED ON JAN 07, 2021 07:43 PM IST
Norway is an example of prudent management of the windfall from high oil prices of the past, with which it set up a rainy day fund — now one of the most powerful and successful in the world. India is witnessing a similar windfall, in reverse, due to low oil prices — and needs to plan for the time when prices will be higher. That time is now.
Close
Health workers conduct a dry run of Covid-19 vaccination programme, New Delhi, January 6, 2021(Sanchit Khanna/HT PHOTO)
Health workers conduct a dry run of Covid-19 vaccination programme, New Delhi, January 6, 2021(Sanchit Khanna/HT PHOTO)

Devising a vaccine strategy for India

By Reuben Abraham and Anup Malani
UPDATED ON JAN 07, 2021 07:43 PM IST
Focus on allocation, distribution, financing, communication and certification
Close
The white supremacist disregard for the sanctity of law has been on the increase during the Trump presidency and the contrast with how Washington dealt with peaceful protests by African-Americans in recent months is illustrative of the deep racial fissures that still fester in US society.(AP)
The white supremacist disregard for the sanctity of law has been on the increase during the Trump presidency and the contrast with how Washington dealt with peaceful protests by African-Americans in recent months is illustrative of the deep racial fissures that still fester in US society.(AP)

January 6: A black day for US democracy

By C Uday Bhaskar
UPDATED ON JAN 07, 2021 07:41 PM IST
The erosion of democracy in the US, led by a defeated president, emboldened by his white supremacist base, will have both domestic and geopolitical consequences
Close
The shutdown of courts across India provided an opportunity to adapt to digital modes of working(Sonu Mehta/HT PHOTO)
The shutdown of courts across India provided an opportunity to adapt to digital modes of working(Sonu Mehta/HT PHOTO)

Ensure access to justice in a post-Covid world

By Leah Verghese
UPDATED ON JAN 07, 2021 07:20 AM IST
Any move towards the online functioning of courts must account for the digital divide in India
Close
Great cities and societies are not those that unquestioningly preserve everything from the past. They evolve and add new things while retaining the best from the past
Great cities and societies are not those that unquestioningly preserve everything from the past. They evolve and add new things while retaining the best from the past

The new architecture of a new India

PUBLISHED ON JAN 06, 2021 08:23 PM IST
India needs iconic buildings for functional reasons, to reflect new aspirations, and move past the colonial legacy
Close
SHARE
Story Saved
OPEN APP