Women’s group slams minimum qualification rule

“Fixing educational requirements for candidates to contest Panchayat elections hinders inclusive governance”

The Mahila Panch Sarpanch Sangathan, an organisation for elected women representatives in Panchayati Raj institutions in Rajasthan, has opposed the Ordinance issued by the government last week seeking to fix a minimum qualification for contesting elections at the grassroots level, and sought its immediate withdrawal.

A statement from the Sangathan said that in a democratic country, introducing selective disqualification measures such as the two-child norm and, now, the minimum education requirement was hindering inclusive participation in governance.

It said there was a paradoxical trend, where on the one hand promises were being made by the government to empower women, while on the other spaces for women in decision-making roles were shrinking. The Governor last week issued the Rajasthan Panchayati Raj (Second Amendment), Ordinance 2014, that introduces the provision of minimum qualifications for candidates contesting Panchayat elections.

‘Unconstitutional’

As per the provision, any individual contesting the Zila Parishad or Panchayat Samiti polls should have a basic qualification of Class X, while those aspiring to be elected to Panchayats as sarpanch should have passed Class VIII and anyone contesting the election for sarpanch in the scheduled area should have passed Class V.

“Introducing a disqualification measure of this nature goes against the basic principles enshrined in the Constitution of India. It violates the fundamental rights guaranteed to every citizen of this country that acts as a check from any arbitrary action of the State that attempts to place anyone in a disadvantaged position. Most importantly it violates the principle of affirmative action that is guaranteed under the 73rd and 74th Amendment to the Constitution as well as the CEDAW Convention — to which India is a signatory — that calls for eliminating discrimination against women in political and public life,” the Sangathan said.

Earlier this month, the government had brought the first amendment to Section 19 of the Act to bar contestants if they or any of their family members defecated in the open. In simple terms, a functional toilet facility in their premises was a pre-condition for contesting Panchayat elections.

Literacy levels

In Rajasthan the literacy rate of women in rural areas is only 45.8 per cent, which is lower than the national literacy rate of 57.93 per cent (Census 2011). In tribal areas, the situation is even worse with the literacy rate of women at 25.22 per cent.

By introducing such disqualification criteria, the government excludes some women from the possibility of exercising their political right to contest elections thereby defeating the very purpose of the 50 per cent reservation of seats for women in the Rajasthan Panchayati Raj Act, the statement said.