The Absence of Women

Context: Atrocities against women have been increasing unabated, despite the fact that they have more political freedom and larger representation in legislature.

Issues concerning Women in India

• Low Women's Political Representation: 
• Currently, only 62 out of 542 Lok Sabha seats and 25 out of 243 Rajya Sabha seats are occupied by women, which is the highest since independence.

• Bill regarding reservation for women in the legislature has been tabled twice in 1996 and 2010, but both the bills lapsed due to non-consensus over the formula for reservation.

• Lack of convergence over the idea of reservation: The battle within political classes has been over "quota within a quota" and has divided parties in different streams - 
• Some parties have argued that this reservation should contain 33% reservation within for Scheduled Caste (SC) and Scheduled Tribe (ST) women.
• Some have championed a systemic practice of reservation at the stage of distributing party tickets. 
• Some continue to fight for underprivileged and rural women. 
• Some maintain that a constitutional convention mandating increased representation for women by parties will be more appropriate than a constitutional amendment. 

• Atrocities against Women: As per recent National Crime Records Bureau 2019, atrocities against women have been increasing across India. 
• The recent Hathras case highlights the fact that women's right and freedom has been overlooked by the caste-based political scenario prevailing in India.

Case Study: A comparison between India's and Kenya's efforts to ensure gender parity

• Similarity in issues faced by the two countries:

• Pyramidical representation of women: Most women remain below the constitutional radar at the bottom, even when a few scale national heights. 
• Sacrificial Politics Prevails: As violence against women and sexual minorities continues to be a sad social spectacle. 
• Asymmetric Representation: Asymmetric representation in both societies has generated a long and complex debate concerning women's representation. 

• Kenya does it better than India when it comes to following points:

• Greater Representation under Constitution:

• Legislative and other measures are to be taken to ensure two-thirds of women's representation in all elected or appointive bodies.
• Kenya has managed to secure 22% and 31% representation of women in the National Assembly and Senate, respectively.

• Judicial Action

• In 2012, Kenya's higher judiciary laid the timeline for implementation of the 'two-thirds' constitutional provision.
• Chief Justice of Kenya subsequently dissolved the Parliament when it failed to implement the Court's order.
• Empowerment to human rights movement: The drastic step taken by judiciary to dissolve Parliament was in response to the petition filed by a group of activists.