In a nation as diverse and populous as India, the issue of social equity has long been at the forefront of policy discussions. Reservation policies, designed to uplift marginalized communities, have played an important role in shaping the socio-economic landscape of the country. These policies, aimed at providing fair representation and opportunities to historically disadvantaged groups, have sparked both commendation and controversy over the decades.
In recent years, the conversation has expanded to include more marginalized groups. For instance, starting from the academic year 2024-25 Delhi University will introduce a single girl child quota across all its UG programme. This policy seeks to create a special category for single girl children, aiming to enhance their access to higher education and address longstanding gender imbalances. This comes in the backdrop of the much-awaited gender-based quotas in the national and state assemblies. This policy is one of a kind with a potential to improve the equitable character of higher education in the country. Through a detailed analysis of relevant data, this article will try to understand the rationale behind Delhi University’s decision and possible impact of such measures.
BACKGROUND
History of reservation for women in India
The history of Women’s reservation in India is as old as the Women’s movement itself.[1] Initially while there was demand for reservation, but it soon gave way to calls of unity. Reservations for women were for the first time introduced through the Government of India Act, 1935. It provided for women’s reservation in various legislative assemblies. The Council of States had 6 seats reserved out of total 150 seats for women to be elected by an electorate of both men and women. In the Provincial Legislative assemblies, a meagre 12 out of 1,585 seats were reserved for women and none were reserved for Provincial Legislative Councils. In the Federal Assembly, the figures were much better with 9 out of 250 seats reserved for women to be voted by an electorate of women members of the Governor’s council.
The issue for women’s reservation was raised during the constituent assembly debates. It was opposed by most notably Mrs. Renuka Ray. She questioned its need and potential to paint women as incompetent. As a result, when the Constitution was adopted, women were not provided with any reservations. The only silver lining was Article 15(3) which provided state with power to make welfare measures specifically for women.
Post independence the continuously low participation of women in politics, education and jobs led to several calls for quotas. While states came up with policies to provide women reservation in jobs and higher education similar endeavours in politics were a mixed bag of results.
Women were provided reservation in local government through 73rd and 74th Constitutional Amendment Acts. It mandated reservation 1/3rd in Panchayati Raj institutions and offices of the chairperson at all levels of Panchayati Raj institutions, and in urban local bodies respectively.
But similar provisions could not find place in national and state legislatures. With such bills being unsuccessfully introduced in 1996, 1998, 1999 and 2008. These bills failed to materialize due to dissolution of Lok Sabha. The unwillingness of sitting MPs to give up their seats for women and disbelief in their administrative abilities prevented the bill from passing. Both Mukherjee committee (1996) and Natarajan committee (2009) formed to look into the matter recommended 1/3rd women’s reservation. The Natarajan committee while recommending the one third reservation for women also suggested sub reservation for SC/ST/OBC/Muslim women.
Finally, after much deliberation, the Women’s Reservation Bill was passed in September 2023.
Women’s reservation in education and jobs
Women in India enjoy special reservations (horizontal reservation) under Articles 16(1) or 15(3) in education and jobs. While SC, ST and OBC enjoy social reservations (vertical reservation) under Article 16(4). The difference between the two was explained by the Supreme Court in Rajesh Kumar Daria v. Rajasthan Public Commission & Ors.[2]. A backward class applicant who is eligible for vertical reservation under Article 16(4) and who can be selected on the basis of merit in the unreserved seat shall be appointed to that seat and will not be counted against the respective backward class quota. However, the above-mentioned principle does not apply to horizontal (special) reservations. When special reservation for women is included in the social reservation quota, the quota should be filled first in order of merit, followed by the number of candidates who belong to the special reservation group. If the number of women on such a list equal or exceeds the number of special reserve quotas, no further selection is required. However, if there is a shortfall, the required number of women should be obtained by removing an equal number of applicants from the bottom of the list. Furthermore,[3] if women in reserved categories such as SC, ST, and OBC are found to be more meritorious than those in the unreserved categories, they will be transferred to the unreserved category. This the court held ensures that merit is recognized and rewarded, regardless of the initial reservation category.
Even horizontal reservation is of two kinds namely ‘Compartmentalised’ and ‘Overall’.[4] Under ‘Compartmentalised’ reservation the seats earmarked for reservation for women under a particular vertical class cannot be transferred to another vertical class. The seat has to be marked empty and filled next time. But under ‘Overall’ reservation it can be transferred to another vertical group. The SC recommended that the type of horizontal reservation should be specified and displayed preference for ‘Compartmentalised’ so as to avoid confusions.
Women’s Reservation Bill
Women’s Reservation Bil amended Article 239AA and inserted Article 330A, 332A, 334A to the constitution. The Act provides for 1/3rd reservation for women in state legislatures and the Lok Sabha. The bill further provides 1/3rd reservation for women in the seats reserved for SC and STs. The bill notably does not reserve seats among the OBCs for women. This was a contentious issue previously as well and its removal suggests the difficulties that this bill had faced and the challenges women still face.
The reservation will be effective after a delimitation exercise conducted after the census. The reservation will be provided for aperiod of 15 years and can be extended on Parliament’s wishes.
The reserved seats would be rotated after each delimitation so as to ensure better representation of women. This is unlike Scandinavia and other European nations where voluntary party-based quota is used.[5] The problem with the former model is that it would result in two-thirds of the incumbents being forcefully unseated every decade. Women candidates would unlikely be able to hold their seats on a long-term basis, depriving them of a strong political base. This would render their election mere tokenism and reduce them as proxies of their male relatives. Instead, the latter model used in other countries should be followed. This model would require political parties to voluntarily give tickets on a certain percentage of seats to only women. To avoid parties allotting seats where they already have a slim chance of winning, the Election Commission should divide the country in various regions. Political parties that are classified as National Parties should be mandated to reserved 1/3rd seats in every phase of the General Elections and State Parties during the state assembly elections. Once implemented, these tweaks would ensure that political parties would invest in developing a cadre of strong women leaders thereby improving their political participation.
DELHI UNIVERSITY RESERVATION POLICY
Starting 2024-25, Delhi University has announced supernumerary quota of one seat in all of its UG programmes. This means that a seat would be reserved from the existing seats in each of its courses for single girl child. Covering over 69 colleges and hundreds of programmes the scope of this policy is quite huge. This policy comes at a time when India has been ranked 129 out of 146 in the 2024 Global Gender Gap Index. In education specifically, India sits at a rank of 112 out of 146 with a score of 0.964. The rankings highlight the problem of Gender Parity in India. It is debatable though how much this policy can help India in reducing the gap.
Rational behind the policy
Low status of women
The policy rests on the assumption of women as an oppressed category of individuals. India is a long-standing patriarchal society with clear preference for male child over a female. The point is best illustrated in the low sex ratio of 973 females per 1000 males as reported in the 2011 Census. It is believed that male child is supposed to support their parents in old age and hence is seen as more desirable. Daughters, on the other hand, are often seen as liabilities because they marry and move away. Furthermore, in India nearly half of the country is reliant upon agriculture as a means of livelihood and survival. Agrarian societies view sons as more desirable because they can do hard labour on the field. Being a single girl child in such an environment is quite challenging.
Disparity in education
The policy can bridge the disparity in education levels between men and women. According to the 2011 census, the male literacy rate is 78.8% versus just 69.8%. This implies a Gender Parity Index (GPI) rating of just 75%. The AISHE 2019-20 survey reveals that, in higher education with a few exceptions like M.Phil., Post Graduate, and Certificate programs, the percentage of male students is generally higher than that of female students. At the Undergraduate level, male students account for 50.8% of the enrolment, while female students constitute 49.2%. However, there is a significant gender disparity in Diploma programs, with 65.1% male and 34.9% female students. At the Ph.D. level, 55% of students are male and 45% are female. Integrated programs have a male-female ratio of 56.2% and 43.8% respectively. In PG Diploma programs, male students make up 53.6% of the enrolment, while female students comprise 46.4%. NFHS 5 data shows that the gap between the two sexes becomes palpable at the age group of 16-17 years. Before this girls were equal to boys in education attainment and were even outperforming them in urban areas. This points at a crisis in the business end of education. With no end in sight 3.4% of the dropout girls list further education as ‘not necessary’. By providing them easier access to further education the rate of dropouts could be brought down resulting in overall societal benefits.
Economic benefits
Families are unwilling to let their girls out due to fear of gender-based violence. This translates to a lower labour force participation of women. A higher paying job could potentially tip the Cost-Benefit Analysis towards the side of going out for a job. Most of the higher paying jobs require a college degree. A significant majority of these high paying jobs are available only to the students of best colleges. Delhi University being a premium institute of the country provides its students with access to these high paying jobs. It is estimated that the Indian economy could gain a boost of 1 trillion USD if the country resolves its gender disparity.[6] Thus, this policy has the potential to improve Women’s Labour Force Participation and the country’s GDP.
Societal benefits
Easier education for women translate to more years in educational institutes thereby reducing the years available for child rearing. This translates to a lower birth rate. In a country like India where overpopulation is a problem this is beneficial to the society. Furthermore, educated women can play a critical role in fostering societal change. They are more likely to advocate for their rights and the rights of their children, leading to improved social outcomes and gender equality. Also, educated women are more informed about health and nutrition, leading to better health outcomes for themselves and their families. This includes lower maternal and child mortality rates and improved overall family health.
Criticism
Reservation is a policy to uplift marginalized groups of the society. A policy that aims to benefit the already privileged cannot be justified on the plank of social justice enshrined in our constitution. Single child families are not poor, but rather are urban elites with high level of income and education levels.[7] They choose to have only one child so that they can improve the quality of life of their child with the finite resources they have. These children go to better schools and are better suited for the job market. Furthermore, nowhere in the constitution single child has been recognized as a backward group. The policy seems to be based on a perverted reconstruction of women empowerment overlooking practical ground realities.
But since not all single girl child families are well to do, the policy should be tweaked to benefit the needy. An income criterion could be introduced for availing this reservation, thereby ensuring the earmarked seats go the actually needy people.
Challenges
The biggest challenge that this policy faces is determining the eligible candidates. Majority of government issued documents do not carry any fields about siblings and hence it would be hard to verify making the system prone to fraudulent submissions. Furthermore, being a public university, it is classified as ‘state’ under Article 12.[8] This means that this policy could be challenged for violation of ‘Right to Equality’ enshrined in Article 14 of the constitution. There the shortcomings as mentioned previously might result in it getting scrapped by the Supreme Court.
CONCLUSION
The introduction of a single girl child reservation in Delhi University’s undergraduate programs is a significant step towards gender equity in education. But the policy falls short of addressing the potential misuse by unsavoury actors. It would require tweaks to make it beneficial for the needy and achieve its stated goal of gender parity in higher education. Until then, it would be a vestige of the rich and powerful.
[1] Standard, B. (2023) The long journey of the Women’s Reservation Bill in India explained, Business Standard. Available at: https://www.business-standard.com/india-news/the-long-journey-of-the-women-s-reservation-bill-in-india-explained-123091900371_1.html (Accessed: 25 June 2024).
[2] Rajesh Kumar Daria v. Rajasthan Public Service Commission & Ors., (2007) 8 SCC 785.
[3] Saurav Yadav & Ors. v. State of U.P. & Ors., (2021) 4 SCC 542.
[4] Anil Kumar Gupta & Ors. v. State of U.P. & Ors., (1995) 5 SCC 173.
[5] Electoral quotas that work (2023) European Institute for Gender Equality. Available at: https://eige.europa.eu/gender-mainstreaming/good-practices/electoral-quotas-work?language_content_entity=en (Accessed: 25 June 2024).
[6] Ghani, E. (2023) Implement women’s reservation now, Deccan Herald. Available at: https://www.deccanherald.com/opinion/implement-the-quota-now-2705425 (Accessed: 25 June 2024).
[7] Chitnis, S. (2017) Explaining the rise of urban India’s privileged kids, The Wire. Available at: https://thewire.in/culture/little-babas-explaining-the-rise-of-urban-indias-privileged-kids (Accessed: 25 June 2024).
[8] Janet Jeyapaul v. SRM University & Ors., (2015) 16 SCC 530.
Author: Vedansh
Juris Centre 