The path toward greater political representation for women in Jammu and Kashmir has taken a significant legislative stride as the central government has officially notified the law mandating a one-third reservation for women in the Union Territory’s Legislative Assembly. The Ministry of Home Affairs issued the notification, bringing the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023, into effect. This development marks a crucial step in establishing the legal framework for this reservation, a move that has been anticipated following broader national legislation aimed at enhancing women’s participation in politics.
The Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023, which was introduced in the Lok Sabha on December 12, 2023, serves as an amendment to the principal legislation, the Jammu and Kashmir Reorganisation Act, 2019. The 2019 Act was instrumental in reorganizing the erstwhile state of Jammu and Kashmir into two Union Territories: Jammu and Kashmir, which includes a legislature, and Ladakh, which does not. The newly inserted Section 14A within the 2019 Act specifically addresses the reservation of seats for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir. As per information available with TahirRihat.com, this amendment is designed to ensure that approximately one-third of the total seats to be filled through direct election will be reserved for women. This reservation will encompass seats designated for women belonging to Scheduled Castes and Scheduled Tribes, ensuring that marginalized communities also benefit from the increased representation. The legislation further stipulates that within the seats reserved for Scheduled Castes or Scheduled Tribes, one-third will be specifically set aside for women from these categories. It is important to note that these provisions will not impact the current representation in the Legislative Assembly until its dissolution.
The practical implementation of these women’s reservation provisions is contingent upon the completion of a delimitation exercise. This exercise will be based on the figures from the first census conducted after the commencement of the Act. The reservation is set to remain in effect for a period of fifteen years from its commencement. This legislative action in Jammu and Kashmir aligns with a broader national effort to bolster women’s political presence. Parliament had previously enacted the Constitution (One Hundred and Sixth Amendment) Act, 2023, which paved the way for similar one-third reservations for women in the Lok Sabha, state Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. The Jammu and Kashmir Reorganisation (Second Amendment) Act was deemed necessary to extend these provisions to the Union Territory’s Legislative Assembly, as its governance falls under parliamentary purview rather than the constitutional provisions applicable to state legislatures. Nationally, these women’s reservation measures are anticipated to come into force around 2029, following the publication of census data and the subsequent delimitation processes.
The significance of this notification cannot be overstated, as it solidifies the legal groundwork for a substantial increase in women’s political representation within the Jammu and Kashmir Legislative Assembly. While the legal framework is now in place, the tangible impact on the ground will be observed only after the completion of the upcoming national census and the subsequent delimitation exercise. This move is being widely regarded as a landmark development towards fostering greater political inclusion in the Union Territory. Jammu and Kashmir held its first Assembly elections in 2024, subsequent to the significant constitutional changes that reorganized the former state in 2019. The inclusion of a reservation for women is expected to bring a more diverse range of voices and perspectives into the legislative process, potentially influencing policy-making and governance in the region. The process of delimitation, which redraws electoral constituency boundaries based on population shifts, is a critical precursor to the implementation of these reservations. The timing of the census and the subsequent delimitation process will determine when the reserved seats will actually be filled by women representatives. This legislative push is part of a larger national discourse on gender equality and the importance of women’s participation in democratic institutions. The Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023, therefore, represents a commitment to ensuring that women are adequately represented in the decision-making bodies of the Union Territory. The Ministry of Home Affairs’ notification signifies the culmination of the legislative process for this specific amendment, moving it from parliamentary approval to executive enforcement. The details of how the reservation will be implemented, including the specific constituencies that will be reserved and the rotation of these reserved seats, will be determined through further processes, likely involving the Election Commission of India and the delimitation commission. The expectation is that this will lead to a more equitable and representative legislative body in Jammu and Kashmir, reflecting the demographic realities of the region and promoting the active participation of women in its political future. The overall impact of this reservation is anticipated to be far-reaching, potentially influencing social and economic policies by bringing a gendered perspective to governance. The legislative intent is clear: to institutionalize women’s participation and ensure their voices are heard at the highest levels of political power in Jammu and Kashmir.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
