Women's issues and the law: India

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50% quota for women in Rajasthan's local bodies

From the archives of The Times of India 2010

Raj HC strikes down 50% quota for women

Abhinav Sharma | TNN

Jaipur: Even as the UPA government at the Centre gets ready to bring the women’s reservation Bill in Parliament on International Women’s Day, the Rajasthan HC on Friday struck down 50% quota provided to women in civic and and local bodies by the state government. The court’s Jaipur bench also struck down the government’s proposal to provide quota to youth in local bodies.

During the recent local bodies, 50% of the seats were reserved for women, which resulted in election of 15 of the 33 women zilla pramukhs. The court, however, clarified that those already elected would not be affected. But in future no 50% quota would be provided to women, it clarified.

A division bench comprising Chief Justice Jagdish Bhalla and Justice M N Bhandari observed that 50% reservation for women and earmarking certain seats for candidates in the age group of 21-35 were ‘‘unconstitutional’’.

‘‘The Constitution provides for a maximum of 33% quota for women. So there is an embargo in providing more than what is mentioned in the Constitution,’’ said Chief Justice Bhalla while delivering the judgment. The court observed the state government has failed to justify its action in enhancing the reservation.

Women: hours of employment

From the archives of The Times of India 2010

Are we living in Nazi Germany? HC to govt

Shibu Thomas | TNN

Mumbai: ‘‘Are we living in Nazi Germany?’’ Bombay high court asked the Maharashtra government on Thursday, while hearing a petition challenging the ban on woman working in bars, restaurants and commercial establishments after 9.30pm.

A division bench of Justice F I Rebello and Justice Amjad Sayed came down heavily on the government asking it to close down the bars, if it thought drinking was bad. To tackle the depraved conduct of those who drink, should women lose their their jobs, the court asked. The court questioned the mentality that considers ‘‘women like some commodity who have to be treated differently’’.

The court pointed out that women were excelling in all sphere of life, from domestic work to air force pilots and the armed forces. ‘‘Can you tell a citizen of this country that she cannot work at a place because she is a woman or is uneducated?’’ asked the bench.

The petition filed by Womanist Organization of India and the Bharatiya Bar Girls’ Union claimed that the ban under the Shops and Establishment Act and the Public Entertainment Act was discriminatory, as women were allowed to work in five star hotels and call centres during night hours. ‘‘The 9.30pm rule violates the fundamental right of woman to earn her livelihood,’’ said counsel for the petitioners’ Ashutosh Kumbhakoni.