Too few women work in India. To change this, GOI & states should take lead and fix a women's quota for all public employment, with the policy running for two decades

Women make up slightly less than half (48.4%) of India's population but contribute less than a fifth (18%) of GDP, per World Economic Forum's (WEF) 2024 Global Gender Gap Report, which also shows that purely in terms of gender gap in economic participation, India ranks 142nd among 146 countries. In terms of overall gender gap which also includes education, political participation and health and survival we are 129th out of 146 countries.

That's the bad news. The good news is that, as a nation, we could do so much better by improving women's participation in the workforce. India ranks fifth globally in terms of GDP, but third-placed Germany is less than $1tn ahead. So, where do we begin? Recognising the urgent need for seeking gender equality as a facet of constitutional morality could be the first step. There is a strong case for ensuring 50% representation for women in all employment and appointments in central and state govts through a progressive reservation policy.

Data shows why this is a policy imperative. World Bank says 86.5% of girls complete lower secondary school in India, as against 84.5% of boys. Further, All India Survey on Higher Education (AISHE) shows women account for roughly half (48%) of total enrolment in higher education. But their labour force participation is only 32.7%, and roughly four of every five women workers (78%) are in 'vulnerable' employment such as low-paying seasonal work. 

Also, even 77 years after Independence, women are scarce in decision-making roles. They occupy 14% of seats in Lok Sabha, 15.2% in Rajya Sabha and 9% across state legislative assemblies. Only 8% of current Union ministers are women. They make up 14% of sitting HC judges, and 4% of SC judges over the court's long history. In the period 1951-2020, 13% of IAS officers were women. Coming to govt jobs overall, women hold 10-11% of central govt jobs, 25-30% under state govts, and 5-8% in central public sector enterprises, with even lower representation in leadership and technical roles.

Seventy-five years of constitutional governance is long enough for a society to embrace the idea of gender equality. If that hasn't happened, reservation and quotas become necessary, even if they are not the best or the only way to address social, political and economic inequalities.

At its core, gender inequality is inextricably linked to discrimination. Hitherto, efforts to promote diversity have been ad hoc and woefully inadequate. We have come to a stage where discrimination against women is normalised and justified. Therefore, it's become necessary to seek a constitutional amendment to address this injustice and create a fair and egalitarian society.

In India, equality and non-discrimination, which are moral principles, have been translated to constitutional rights. Articles 14, 15 and 16 of the Constitution addressed different dimensions of the right to equality and non-discrimination, including provisions for affirmative action in the form of positive discrimination. Article 16 of the Constitution is titled 'Equality of opportunity in matters of public employment', and Article 16(1) says, "There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state."

To increase women's workforce participation, Parliament could amend Article 16 with the insertion of Article 16(1)A, stating: "The state shall ensure that 50% of all employment or appointment to any office under the state and central govts will be occupied by women."

Pursuant to the amendment, there could be other legislation to ensure that all institutions established under the state apparatus fulfil the 50% quota requirement for women. This constitutional amendment will uphold the principle of constitutional morality by building a society where powers and responsibilities are shared among women and men. One of its consequences would be that every judicial appointment, including judges to HCs and SC, will need to adhere to this legal and constitutional framework.

If Parliament believes this policy should be reviewed after a period of time, especially because it involves quotas for all public employment and appointments, it could insert a sunset clause for the quota to lapse in 2047, when India celebrates 100 years of Independence.