Earlier this week, the Nagaland government informed the Supreme Court that it was ready to implement a 33 per cent reservation for women in the civic body polls. With that, the apex court said there was no longer any “impediment” in holding elections to the Urban Local Bodies (ULB), and asked the Nagaland Election Commission to schedule dates.
If implemented, ULB elections, a contentious subject in Nagaland, will be held in the state after more than a decade.
The civic body elections were first held in the state in 2004, in accordance with the Nagaland Municipal Act of 2001.
In 2006, the Nagaland Municipal Act of 2001 was amended to include a 33 per cent reservation for women in line with the 1992 Constitutional amendment.
Since then, there has been widespread opposition to the amendment, as many Naga groups contend that the reservations are in contravention with Naga customary laws as enshrined in Article 371(A) of the Constitution — which accords the state special status and protects its traditional way of life.
In February 2017, as the Nagaland government tried holding the elections as per a Supreme Court directive (to hold elections with 33 per cent reservation for women), the state was convulsed by violent protests that led to two deaths, and ouster of the then chief minister T R Zeliang.
Is everyone in Nagaland opposed to it?
Women’s groups like the Naga Mothers’ Association (NMA) stand on the other side of this debate, and have fought a long legal battle for elections to be held. They argue that reservations do not infringe upon Article 371(A) of the Constitution. Their rationale: Article 371 (A) related to laws made in the Parliament while the reservations had been effected through a Constitutional amendment.
The contention around the polls led the Nagaland government in December 2009 to indefinitely postpone municipal elections, which were due in 2010.
In 2011, the NMA petitioned the Gauhati High Court on the issue. Many leaders from the NMA, as well as other tribal womens’ groups in Nagaland, also formed the Joint Action Committee on Women Reservation (JACWR) in the same year to press for the issue.
However, despite the high court directing the government to hold the elections in 2011, the Nagaland assembly, in 2012, adopted a resolution rejecting women’s reservation in ULBs.
Thereafter, the NMA filed a special leave petition in the Supreme Court making its case for reservations. It was on the basis of this petition that the apex court ordered the state government to conduct elections in 2017. The state assembly revoked its 2012 resolution and agreed to hold elections.
However, as the elections were announced and the opposition to it turned violent leaving two dead in February 2017, the NMA withdrew its name for the petition. Thereafter, the People’s Union for Civil Liberties made itself a party to the case.
What happened thereafter?
In October 2021, a committee was formed by the state government to review the Municipality Act 2001.
In February 2022, the Supremer Court rapped the Nagaland state government for delaying the elections, saying that an “important aspect of gender equality seems to be getting postponed.”
Shortly after in March, the state government convened a meeting with all stakeholders, including civil society organisations, churches, tribal bodies, political parties and NGOs and “unanimously” adopted a resolution to hold ULB polls.
Mmhonlumo Kikon, state government spokesperson and advisor, described it as“historic day” for the people of Nagaland.
On April 12, 2022, the Nagaland government informed the Supreme Court of its resolution, after which the court directed the government to fix a date for the ULB elections with 33 per cent seats reserved for women. The next date of hearing is in July.
Is there a public consensus on the elections now?
Kikon said that there was “resistance” in the last term among various sections of the civil society. “However, the government has mobilised and discussed with all stakeholders and there is a consensus now,” he said.
The Naga Hoho, the apex tribal body of the state, said that there was no more “opposition”.
“As far as the tribal HOHO is considered, we have no objection,” said HK Zhimoni, President, Naga Hoho, adding that women “should be given equal position and privilege.”
However, the Joint Coordination Committee (JCC) on urban local bodies continues to demand a review of the Municipal Act. Following the March resolution of the government, the JCC said that “all stakeholders were not consulted”.
“We are not against reservation but we still feel many aspects of the Act need to be reviewed. There may still be conflicting views among the public on the reservation issue and proper discussion is needed,” said Rainbow Ngullie, Secretary, JCC.
Written by Tora Agarwala
Source: Indian Express, 16.04.22
