The system of reservation provides wrong incentive. A free competition is the only way of getting able and efficient workforce

By Anup Raj Upreti

Equality between women and men in the eyes of law should be a basic foundation of every modern society. It is unfortunate that at this age women still have to fight for equality before law. This problem is not specific to any kind of economy or society, for the fight for gender equality exists in every country and society but with varying degree. There should not be two minds about it, everyone should be equal in the eyes of law. The issue exists in Nepal and it goes without saying changes should be made so that no energy should be wasted in achieving equality before law.

Nepal is also witnessing an unprecedented political awareness which should be welcomed as this lays down a solid foundation for the long lasting democracy in Nepal. One such discussion is on the issue of women’s participation. With respect to women’s participation, some of the points of discontent are, that Chitra Lekha Yadav was not elected a Speaker of the House of Representative despite being a woman and Madheshi (or she was not elected because she is a woman and Madheshi.), that there are no women in current peace negotiation team, that there are no women in drafting committee of Interim Constitution. It is alleged that this is hypocrisy on the part of the state and political parties given the fact that Parliament has unanimously passed the motion of 33% reservation in state mechanism for women.

It is agreed at the outset of the discussion that unequal representation is a problem like any other social problem needing corrective action. The easy and the only obvious solution, the one which Nepal has embraced and which seems to have found wider acceptance amongst concerned advocates, seems to be reservation for women in state machinery. The point of main concern is: Will reservation in the state mechanism do more good than harm. Will it increase representation of women in private sector, which obviously is a much larger sector? Will reservation change the existing social set up?

It would serve its purpose if it can change the role of rural women permitting them to be major players in private and public sector instead of restricting them to kitchen, fetching water, raising children etc. It is doubtful that reservation can change any of this. If at all it can help, it can only help those urban women who are better educated and capable on their own without a need for reservation. The system of reservation provides wrong incentive, in economic term referred to as moral hazard. A free competition is the only way of getting able and efficient workforce. There is no reason that relatively less competent person should be there in government machinery only on the basis that such person happens to be a woman. Nepal will soon be heading towards the path of economic development, and this requires state machinery the contribution of competent personnel who are as good as the private sector if not better.

What is needed is the competitive screening process and it should not matter whether there are more men or women that get through that process. The real challenge is to encourage women to get them out from shackles of traditional role and its success lies in how well the policy is designed to face that challenge and not the reservation.
What is needed is the competitive screening process and it should not matter whether there are more men or women that get through that process. The real challenge is to encourage women to get them out from shackles of traditional role and its success lies in how well the policy is designed to face that challenge and not the reservation. What is needed is right policies addressed in solving the real problem women face.

There needs to be a special education policy for women with the objective of increasing women’s enrolment and reducing their dropout. To address the mindset that daughters should do domestic work rather than go to school for the whole day, the education system should be such that those mind sets may be coaxed in sending daughters to school, for example by having flexible schooling hours. Nepal has the problem where daughters are considered burden and such burden is relieved by getting them married at the early age. This in many circumstances brings abrupt end to their education.

A well designed education system and right incentives can permit them to continue and finish higher education. Even where women struggle through education process, they face different problem in working life. In many circumstances, a good career is sacrificed or hampered for their biological duty. A working mother faces problems, especially in cities as she does not have a good alternative to take care of her child which she is at work. The state may run a program, for example through providing subsidy, under which there are affordable and good child care centers. These are some but few problems that are identified for the sake of discussing real problems.

There are many other problems and which are not without solutions. Of course, there is only so much a state can do and rest depends upon individuals. The changed attitude of fathers, mothers, mothers-in-law, father-in-laws, and husbands can be better than any such state sponsored programs. Fortunately, this is already happening though in a slower pace. It is a mistake that activists find victory in the current reservation policy. Same is true regarding the voice seeking representation solely on the basis of gender.

The current advocacy on women’s issues is moving towards superficial issues and should be stopped before it sweeps away real issues. There is no reason why Chitra Lekha Yadav should have been elected Speaker of the House of Representative. Being a woman in men dominated Parliament is not a good enough credential in itself for that position. There is no compelling reason why the Interim Constitution drafting committee should have a woman. The expertise in matters related to constitutional law does not come being a woman. The bottom line is sex, caste or religion should never have precedence over ability. It may be worth using all our energy in discussing how well to achieve the required ability and creating a society where only ability is rewarded.

It may be easy to dismiss this discussion as it is coming out from a male potentially affected by reservation. The reality is that the discussion is coming from somebody who is equally concerned about gender problem in Nepal.

Upreti is pursuing LLM at the Queen Mary, University of London and can be reached at [email protected]

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