INTRODUCTION

The 73rd and 74th Amendments of the Constitution in 1993 provided for reservation of seats in the Local
Bodies of Panchayats and Municipalities for women, laying a strong foundation for their participation in
decision-making at the local levels. Gender equality in India is embedded in constitutional provisions,
including substantive equality where the states are also empowered to make special provisions for women
in order to undo the historical disadvantageous position of women.

A democratic polity involves the decentra-lisation or deconcentration of power in a way that the affairs of
the local people are managed by means of their positive participation. It implies the extension of
democracy at the grass-root level in view of the fact that the people’s participation signifies the
constitution of a democratic government not merely at the top but also at the foundation level of the
political system. Thus, democratic decentralisation or Panchayati Raj aims at making democracy real by
bringing the million into the functioning of their representative government at the lowest level.

The philosophy of Panchayati Raj is deeply steeped in the tradition and culture of rural India and is by no
means a new concept. ‘The rationale behind the concept is to involve the public in local planning,
identification of beneficiaries, decision making and proper implementation of policies and programmes of
the people as described by them. Panchayati Raj Institutions (PRIs) have today the basic commitment
towards rural development.1’ Panchayati Raj, as a system of governance, has had its ebbs and flows in the
Indian polity ever since Indian attained independence. Various committees headed by Balwant Rai Mehta,
Ashok Mehta, V.P. Naik, P.B. Patil, G.V.R. Rao, L.N. Singhvi overhauled these institutions which gave
necessary impetus to the 73rd Constitutional Amendment Act. The Panchayati Raj, an enigmatic and
elusive concept, has undergone topsy-turvy changes in its role, shape and function after the 73rd
Constitutional Amendment Act, 1992 which came into effect from April 24, 1993.3 With the passage of
the 73rd Amendment, India is at a crucial juncture in the evolution of PRIs—the Indian brand of rural
local self-government. It has envisioned people’s participation in the process of planning, decision-
making, implementation and delivery system.

As Noble Prize-winning economist Amartya Sen has pointed out, “Democracy is not only the goal of
development, it is the primary means of development. 2” Women’s participation in political processes is
important for strengthening democracy and for their struggle against marginalisation, trivialisation and
oppression. Emergence of women as a strong group would change the prevailing political practices, the
nature and content of debates in the legislature and women’s issues can be taken care of from the feminist
perspective both in policy formulation and implementation.

Reservation of women in the Panchayati Raj System is considered to have a positive impact on the
society as it gives equal status to women as that of men in the patriarchal society. Therefore it is
considered to be a positive step and is an indicator for the welfare and development of a women in the
society.

1. Neelima Deshmukh (2005), “Women’s Empowerment Through Panchayati Raj Institutions”, in Indian
Journal of Public Administration, Vol. LI, No. 2, New Delhi: IIPA, p. 194.
2. http://www.thp.org/india/panchayat.htm
 RESERVATION OF WOMEN

73rd Amendment:-

73rd Amendment has created a scope for accomplishing development with social justice, which is the
mandate of the new Panchayati Raj system. There can be no real progress if women of a country are not
made partners in this process of development. ‘Mahatma Gandhi also believed that full and balanced
development of the nation and establishment of a just society is possible only when women participate
actively and fully in the political deliberations of the nation. The Balwant Rai Mehta Committee on
Panchayati Raj System emphasised that rural women should not become mere beneficiaries of
development but should be made equal partners in its affairs as contributors.’

India is perhaps the first country to recognise this social fact underlined by Lenin on the International
Working Women’s Day in 1921, and to have taken concrete measures to draw women into leadership
positions and thereby into politics by giving them one-third reservation in what may now be called the
third tier of governance—the Panchayati Raj. The constitutional amendment providing one-third
representation to women in elected bodies as well as reserving one-third of the offices of chairpersons for
them will have far-reaching consequences in Indian political and social life. Article 243D(3) of the
Constitution (Seventy-third Amendment) Act, 1992, reads:

Not less than one-third (including the number of seats reserved for women belonging to the SCs and STs)
of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women
and such seats may be allotted by rotation to different constituencies in a Panchayat.

And Clause (4) has the following provision:

…not less than one-third (including the number of offices of chairperson reserved for women belonging
to the SCs and STs) of the total number of offices of chairpersons in the Panchayat at each level shall be
reserved for women: provided also that the number of offices reserved under this clause shall be allotted
by rotation to different Panchayats at each level. 3

110th Amendment:-

The Constitution (One Hundred and Tenth Amendment) Bill, 2009 was introduced in the Lok Sabha on
November 26, 2009 by the then Minister of Panchayati Raj, Shri C.P. Joshi to amend Article 243 D of the
Constitution of India. Article 243 D of the Constitution of India mandates that at least one-third of the
total number of seats filled by direct elections in the Panchayats shall be reserved for women.  The Bill
seeks to amend the article to enhance the proportion of reservation for women from one-third to one-half
of the total seats in the Panchayats. The provision of seat reservation will also extend to the positions of
offices of the Chairpersons.

This reflects ‘social acceptability’ of women leadership in governance at local levels. It could be rightly
argued that in India (where caste, gender, corruption, lack of resources

3. . S. Maheshwari (2004), Local Government in India, Agra: Lakshmi Narain Aggarwal, p. 184
and entrenched bureaucracy are more significant) governance at local level is more challenging than the
governance at provincial or country level. Though there were/are also cases of proxy women elected
representatives. Concept of Sarpanch-Pati (husband of Panchayat chairperson) came into being. Proxy-
representatives are not new to democracy but perhaps in cases of women in Panchayats, this was noticed
and to an extent was also strategically exaggerated by patriarchal forces to undermine the leadership of
women. All possible tricks (including passing of no-confidence motions to remove women from their
positions) were employed to discourage women.

Reservations of seats for women in local elections have been perhaps most significant political step taken
by independent India to provide overdue political spaces for women. It also helped to give local
development a much desired direction.  In its own report(s) on Women in Panchayats, the Ministry of
Panchayati Raj has pointed highly commendable works by women elected representatives and highly
condemnable resistances from local elites and bureaucracy.  In its official documents government of India
rightly feel proud on providing reservations to women and thus mothering silent social revolutions in
villages and cities.  The whole world accepts this fact and many countries have imitated Indian concepts
of reservations for women. It may be mentioned here that current bill was introduced in Lok Sabha on
26th November 2009. If one is optimistic enough, this bill may be passed in this session of Parliament
and then President of India would stamp it to make it a new statutory provision.
 IS RESERVATION OF WOMEN NECESSARY?

Prior to the reservation bill, statistics regarding women’s participation in PRIs were significantly lower
(between four and five percent). Today 33 per cent of candidates participating in the PRIs are women. ‘In
general, participation at local level can be viewed from two angles—quality and quantity. As far as the
qualitative aspect is concerned, there are three levels of quality of participation: passive participation,
active participation and decision-making participation.’ But women representatives lack this aspect of
qualitative participation. A constitutional provision is only a necessary step which should be followed by
effective measures for women’s upliftment in the rural areas. To make women’s participation in society
and politics a reality, enormous work remains to be done, given their present socio-economic conditions.

Despite reservation for women, effective participation in PRIs have failed due to misuse and manipulation
by the local power-brokers. Ignorance of women about their rights and procedures and about their
potential and responsibilities have kept them far behind men in the local bodies. It is very much doubtful
that mere increase in the number of reserved seats for women in local bodies is likely to increase the
participation of women. Unless structural changes are brought about, a sincere effort is made to educate
women and the power structures existing in rural areas are neu-tralised, nothing much can be achieved.
Women representatives often run into barriers (especially of family and society) and are hindered from
participating effectively. They feel inhibited to speak especially when they are in large male dominated
assemblies. Those who muster up enough courage and strength to speak receive very little respect or
attention. It has been observed that women are invited only to complete the quorum. Further, the officials
also pay heed to the needs of upper class women in preference to the needs of peasant women. The rights
of women thus get systematically nullified by the local bureaucracy.

The family, community and the state (represented by the officials) have together created a situation
wherein elected women representatives are facing many operational constraints while playing their roles
and discharging their functions in the PRIs. ‘Women representatives have some individual weaknesses:

• Illiteracy and low education levels of the majority of the women elected to the PRIs.

• Overburdened with family responsibilities.

• Introversion due to the lack of communication skills.

• Poor socio-economic background with which the women have come into the system and poor capacity
building.

• Patriarchical system indirectly controls and directs their participation.’

There are some other limitations regarding women’s qualitative participation in PRIs:

• Male family members and also leaders from the caste group/community come in the way of the affairs
of the Panchayats.

• Indifferent attitude and behaviour of officials working in the system.

• Misguidance by the local bureaucracy.

• Apprehension of no-confidence motion by the other elected members of the system.

• Mounting pressure from the political party which has vested interests in the gender reservation for
positions in the PR system.

Women representatives face problems at every stage of their participation—from the Gram Sabha to Zila
Parishad. ‘In an Open Forum organised by the Rural Litigation And Entitlement Kendra for 300 elected
women representatives of PRIs of Uttar Pradesh, the following observations were made by the
participants:

• Government orders on devolution of powers to PRIs were a mockery.

• There was a blatant practice of ‘commission’ demanded by Block level staff.

• Women were branded as ‘incompetent’ in the eyes of villagers and were forced to quit through the
passing of no-confidence motions.

• Undue interference by the husband (post sarpanches) of women representatives, treating them as mere
dummies.

• Widespread use of corrupt practices among the male members and local bureaucrats.’

It is clear that mere reservation is not enough because a woman representative lacks qualitative
participation due to both internal and external factors. But reservation of women can be considered as a
step towards improvement status of women. This can be marked as the beginning of a positive step and
thus owing to these reasons reservation of women is essential.

In simple words, reservation of women is necessary because of the following reasons:-

 Women represent almost 50% of the population of India. But their representation in public life is low.
 Statistics continue to dishearten; India ranks well below the global average in terms of women’s
representation in Parliament, as well as amongst countries which have mandated the minimum
representation of women in Parliament through law.
 In the Human Development Report, India ranks very low on the Gender Inequality Index compared to
many other developing countries.
 Female participation in the labour market is 29%, compared with 80.7% for men. Women’s ownership
of land and property is less than 4%, poor participation of women has a direct impact on the priorities
and assumptions of policies and legislations. There will be a qualitative change in governance with the
inclusion of women in decision-making processes.
Hence, reservation for women is necessary.
 POSITIVE IMPACT OF WOMEN RESERVATION

Reservation of women in the Panchayati Raj System which was added by the 73 rd Amendment has been
extremely pivotal point in the process of change in the rural areas in the status of women. Some of the
positive impact of women reservation includes:-

1. Increase in the female literacy rate. Studies reveal that after two years of their election to PRIs,
many women demanded literacy skills and also felt the need to educate their daughters. Issues in
which women representatives generally take interest are drinking water supply, primary health,
child care, public distribution system and environmental protection.
2. Women’s participation in panchayats provided opportunities to women to participate in the
decision-making process.
3. Women’s participation proved to be the most effective instrument in bringing about a change in
their way of life in terms of economic well-being and adoption of new technology.
4. Women’s entry into PRIs, both as members as well as heads of Panchayats, has pushed them into
the policy-making and policy-implementation process in a very big way. Whether their husbands,
fathers, brothers or other relatives compelled them to take up these roles, or whether they
assumed these roles as dummy incumbents, one thing is certain: they crossed the rigid boundaries
drawn through their households by the same male relatives.
5.  One quality observed among women representatives is their patience to hear the problems of the
public.
6. They also work in adverse circumstances. It has been observed that women representatives are
honest and accurate in presenting issues to the decision-making bodies and authorities.
7. Women would bring new ideas in local governance.
8. They believe in a sustainable development and their emphasis is on natural resources
management.
9. Women representatives working at the grassroot level also believe that communal harmony is an
important element of development and they strive to achieve this objective.
10. Another promising fact is that they do not indulge in corrupt practices.
11. Role of Women in Panchayats have increased as they are indulged in various acts like:-

 Participation in election: The Act provides for the reservation of not less than one-third of the
total number of seats for women. It is an attempt to ensure greater participation of women in
election process directly and indirectly. It would be the nursery of creating women politicians for
 national politics. Even the participation of common women citizens in various activities such as
attending Gram Sabha meeting, etc. has reportedly increased (68-78 percent).
 Participation in rural development: Women are actively participating in rural development as per
their capacity right from labourers to policy- makers. 
 Participation in decision-making: The participation of women as elected as well as non-elected
members are rising due to reservation for women. It acts as pull factor for women to participate
in meeting. They give their suggestions for various works and problems faced by them.
 Agent of social revolution: Women are acting as an agent of change in the society and raising
voice against injustice and atrocities. 
 Reducing corruption and violence: Due to women representatives nexus of officers and male
elected representatives are breaking, which has a direct impact on reducing corruption. The role
of local muscle power has substantially reduced due to active participation and awareness of
women about their rights and power. 
 Reduction in violence against women: Domestic violence has substantially declined due to
women pradhan or surpanch. These women representatives take pro-actively take up such
violence. The victims also feel free to share their grievances to women representatives.
 Practising participatory democracy: Growing participation of marginalised section in general and
women in particular, is transforming our democratic setup from representative democracy to
participatory democracy.

Under this system, in many parts of the country, the elected women have exhibited their leadership in
solving some of the local problems and creating facilities for betterment of the rural society.

Way ahead:
The effectiveness of reservation for women in positions at elected Panchayats has political and social
implications. Women’s reservation is not a sufficient condition for politically empowering women.
Access to public services is influenced by a variety of factors apart from gender. The stark contrast in
public exposure between men and women presents a powerful metaphor for their differentiated position
in public space.
 This then calls for a more holistic, qualitative framework to understand the ways in which various
social systems intersect and affect a female sarpanch’s influence on the delivery of public
services.
 The systematic inequality that infuses every aspect of social expression will have to be addressed
for the 73rd Amendment to bring about true local democracy.
 We must note that participation and representation is clearly different from empowerment. An
elected woman representative needs the requisite social space in order to effect the changes that
she desires.
 GOVERNMENT ROLE TO IMPROVE THE STATUS OF WOMEN

In keeping with its past and present policy objectives, the government has launched a number of
programmes focused on empowerment of rural women. ‘In 1998, a scheme was started that aimed at
empowering women in rural areas. It was called Swashakti—the Rural Women Development and
Empowerment Project. In 2001, the government launched Swayamsiddha—the Integrated Women
Empowerment Scheme that aims at holistic empowerment of women through awareness generation. In
2002, Swadhar was launched to make rural women economically strong. Under the Ninth Plan (1997-
2002), ‘Empowerment of Women’ became one of the nine primary objectives of development. India has
heralded the New Millennium by pronouncing the year 2001 as Women’s Empowerment Year.’ Under
the provisions of ‘The Women (Empowerment for Equal Participation) Bill 2005, it is stated that
reservation for women in local bodies like village panchayats, municipalities etc. is not enough. They
should have equal participation in the governance of the nation—legislative, executive and judiciary on
the basis of their numerical strnegth.’ One of the admirable steps of the government is that now girls are
entitled to equal property rights along with their brothers. Recently, ‘with the efforts of the Ministry of
Women and Child development, the Domestic Violence Act, 2006 has been passed and come into force
from October 26, 2006. The Act covers abuse or threat of abuse, whether physical, sexual, verbal,
emotional or economic and it also covers both houses and work places.’

This Domestic Violence Act will certainly help the rural women representatives who suffer from physical
or psychological threats/ violence from male members of PRIs.