Will Gender Quotas in India’s Legislatures Deliver Gender Equality?

In a recent interview, former United States Treasury Secretary Larry Summers noted that it is “a reasonable thing to say that a stretched target, an ambitious goal, a possible aspiration for India is an eight-fold growth between now and the end of the century.” Whether possible or not, this is a worthy goal if it translates into greater opportunity and equity for Indians, including its women.

India’s record in this aspect has not been great. According to the 2023 Global Gender Gap Index, India is among the bottom 20 countries with a gender gap of 64 percent. It scores particularly poorly in Economic Participation and Opportunity and Political Empowerment, which is critical to ensuring that policies and regulations also speak to the needs of women, not men alone. Only 10 percent of Members of Parliament (MPs) in the current Lok Sabha (2014-2024) are women, the highest since 1952. The proportion of women in state assemblies also remains below 14 percent.

To live up to its aspirations, India must do better on gender equity and women’s empowerment, starting with improving women’s political participation. It is not only a crucial marker for an inclusive democracy, but research shows that it bolsters greater equity and sustainable economic development.

India recently enacted the Constitution (One Hundred and Twenty Eighth) Amendment Bill, 2023 in order to ensure a more equitable representation of women in national and state legislatures. The Bill reserves one-third of seats for women in the Lok Sabha, state Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. There is a similar quota for women from marginalized communities belonging to Scheduled Castes/Tribes (SC/ST) within the seats reserved for them in the legislatures.

To ensure that numerical visibility translates to substantive representation, it is crucial to work toward creating enabling conditions in our political, social and economic institutions.

Legally mandated quotas are not a new phenomenon. In 1950, a newly independent India opted for quotas in legislative bodies for SC/ST individuals. But gender-based quotas were not included in the Constitution. In 1993, gender quotas reserving 33 percent of seats for women, were introduced in local governments, namely panchayats and municipalities.

There is no doubt that adequate representation is necessary to attain gender equality, and to harness the productive potential of India’s women. Select studies which analysed the effect of Panchayat quotas on policy making showed that women leaders invest more in public goods that are linked to the well-being of themselves and their families – drinking water, roads, immunizations and education for children. Their presence also encourages other village women to speak up in Gram Panchayat meetings. Exposure to women representatives also reduce bias among voters and improves women’s access to political office.

Women are, however, not a homogenous group. Their performance varies according to their levels of education, caste affiliations, and age. It is also affected by institutional design, patriarchal attitudes and the extent of support from administrative and political functionaries. A study found that SC/ST women MLAs were more supportive of land reforms, public health initiatives, and early education than SC/ST men and non SC/ST women.

This law provides an opportunity to ensure that women legislators have the necessary conditions to perform to their full potential. To ensure that numerical visibility translates to substantive representation, it is crucial to work toward creating enabling conditions in our political, social and economic institutions. Certain steps can help pave the way for women legislators. 

First, in order to ensure substantive participation, women legislators need to be in key decision-making positions in ministries and committees. If only they have decision making powers can they demand more gender inclusive policies. Currently, only two out of the 28 Cabinet Ministers are women. Also, women legislators head only three out of 24 Department Related Standing Committees.

Second, women legislators, especially those who are elected for the first time need to be thoroughly trained on parliamentary procedures. This would help them in discharging their duties as legislators. Ideally, the training should start earlier as they decide to stand for elections. Here, women’s organisations can play an active role in providing training and networking opportunities.

Third, political parties should also field women candidates from constituencies that may not be reserved for women. This could increase women’s representation beyond the legally mandated gender quotas in legislatures. Although many political parties still consider women candidates to generally be less winnable, according to an analysis of 2019 elections, there is little difference between male and female candidates in terms of winnability.  

Fourth, gender quotas have been criticized on the ground that mostly women from politically connected families get tickets to contest elections. However, most male politicians also come from political families. They have the advantage of access to funding, name recognition and social acceptability. Political parties need to find ways to enable candidates from non-political families to contest elections.

Much has been written about the phenomena of male proxies of female legislators in local government bodies. Given the problem arises due to traditional societal attitudes about women, the most effective way to change it is through sustained campaigns to train, mentor and empower women as well as political will. There is also evidence that over the years, such women legislators do become deeply involved in the development efforts and social issues in the villages. 

Last but not least, individual legislators in India do not have trained research staff to assist them in their work, unlike in other countries such as United States, United Kingdom, Australia and Canada. Legislators may employ staff on their own initiative or through non-government agencies. Most women legislators may not have private resources to employ staff. The government needs to provide well-trained research staff to all MPs and MLAs, giving priority to women.

Although gender quotas have some inherent flaws, it does increase women’s political participation. But it should not remain a symbolic gesture. Concerted efforts from all stakeholders – be it political parties, civil society organisations or families – is crucial to ensure that numerical representation moves towards substantive representation.