Delhi High Court refuses to entertain writ petition to implement Women's Reservation Bill before 2024 polls

The Delhi High Court on Friday refused to entertain a writ petition seeking the implementation of the Women’s Reservation Bill 2023, mandating 33% reservation for women in the Lok Sabha, before the 2024 general elections [Ms Yogamaya MG v Union of India and Ors]..A Delhi based lawyer named Yogamaya MG had approached the High Court with the plea, which sought directions to the Central government to "provide a firm and expedited date for the implementation of the Women’s Reservation Bill 2023, considering the prolonged period of uncertainty surrounding the delimitation process."She had made the Election Commission of India (ECI), the Bharatiya Janata Party (BJP), the Indian National Congress (INC) and other major political parties as respondents and asked for a direction to the ECI to solicit response from all these parties about how they plan to implement the provisions of the bill..Justice Subramonium Prasad heard the matter and said that the reliefs sought in the petition were in the nature of a Public Interest Litigation (PIL). Therefore, the petitioner should file a PIL, the judge opined.“The petitioner has approached this court with the following prayer… it is in nature of a PIL. The petitioner is given liberty to withdraw the petition and file a PIL in this regard,” the Court ordered. .The petitioner had argued that even though the bill was passed by the Parliament with unanimity, there was no certainty as to when it would be implemented.“This legislative consensus reflects the Constitutional mandate to ensure gender equality and empower women in the political sphere… Despite the unanimous passage of the Women's Reservation Bill, 2023, there has been a significant delay in its implementation. The lack of tangible progress or a clear roadmap for implementation raises concerns about the sincerity of the authorities in giving effect to this vital legislative measure,” the plea stated.It noted that implementation of the provisions of this bill was contingent on the completion of a delimitation exercise based on the first census taken after the commencement of the Constitution (128th Amendment) Act, 2023. As such, the petitioner highlighted it was estimated that the bill may not be implemented before the year 2029.Therefore, the petitioner called on the Court to issue directions so that the bill is implemented sooner. “As India marks 75 years of independence, gender parity in political representation remains a challenge. The Women's Reservation Bill, 2023 is vital for translating Constitutional principles into action, empowering women for active participation in shaping the nation's future. Addressing the under representation of women in the impending 2024 elections is imperative. However, the Bill's implementation faces obstacles, notably due to the delimitation process outlined in Article 82, leading to significant gender disparities in States with the highest constituency numbers. Achieving equality in democratic processes is fundamental for building an inclusive society," the petitioner added. .The petition was filed through advocates Mamta Ranni, Nandana Menon and Anjitha Santosh. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.