Bombay HC puts seal on 50% women’s quota

The Bombay High Court (HC) on Wednesday upheld the state government’s decision to increase the reservation
for women in the civic body elections to 50%.

“Women are required in political affairs and in the process of nation building,” a division bench of the Bombay HC comprising Justices PB Majmudar and MR Bhatkar said while rejecting the argument of petitioners that the reservation in a cosmopolitan city like Mumbai is discriminatory.

“Qualified and efficient women may be more in Mumbai as compared to other parts of the state like Aurangabad and Nashik, but that does not mean that they are well represented in the society. There is no data to show that women can match men, equally and thus the state decision to create reservation is with a view for uplifting them,” the court said.

The bench said that the state legislature has the powers to increase the reservation and it is as per the Constitution. The mandatory reservation made under the Constitution of one third has ensured that there is more effective involvement of women in affairs of municipal councils and local bodies.

The observations were made during the hearing of a petition filed by one Kapoorchand Durga Prasad Gupta, president of Kandivali Hawkers Union.

Gupta, in his petition, had stated that the increase in the reservation of seats for women in civic bodies from 33% to 50% has left very few seats available for the general public in the open category.

 “The total reservation of 50% includes the reservation for SC and ST category, thus the actual reservation is not 50% for the women alone,” the bench said.

While dismissing the petition, the bench said: “It is for the state legislature to act in its wisdom and consider the issue of reservation periodically. It should ensure that the legislature is in consonance with the Constitution of India. In future if it is required, the reservation should be reduced, but the discretion is entirely of the state legislature.”