The NDPP-BJP government in Nagaland seems to be in a Catch-22 situation over reservation for women in the state's urban local bodies.
An order of the Supreme Court on Wednesday against its decision to repeal the Nagaland Municipal Act 2001 that allows implementation of 33 per cent reservation for women in urban local bodies has put the Nagaland government in a difficult situation given the stiff opposition by the influential local tribal bodies. The Supreme Court on Wednesday asked Nagaland government to go ahead with elections to the state's urban local bodies as per its earlier order but the Tribal Hohos, the forum of the tribal organisations threatened to boycott the elections if the same is conducted without repealing the act, that allows reservation for women and empowers urban local bodies to collect property taxes.
Poll schedule:
Four days after forming the coalition government for the second straight term, the NDPP-BJP government on March 9 announced to conduct elections for three municipal councils and 36 town councils on May 16. The notification was issued by the State Election Commission as per the 74th Amendment of the Constitution and an order of the Supreme Court for Nagaland in July this year.
But the Tribal Hohos on March 27 adopted a resolution at the state capital Kohima that the Nagaland Municipal Act 2001 should be "reviewed and re-written" as it infringes Article 371-A, a special provision for Nagaland that bars implementation of an act of the Parliament without a resolution for the same by the State Assembly. They also sought review of the provisions for collection of property taxes saying the same is against Naga customary laws. "Reservation of the office of Chairperson for women is a deprivation provision to the rightful candidate and is therefore unacceptable," said the resolution. The tribal bodies also suggested that the 33 per cent reservation for women should not be more than two tenures.
Fearing repetition of serious law and order problems, as was witnessed in 2016 over a similar decision to conduct elections with 33 reservations for women, the state Assembly on March 28 decided to repeal the Act as demanded by the tribal bodies.
Elections for ULB in Nagaland were conducted in 2004 but without reservations for women. The Nagaland Municipal Act 2001 was amended in 2006 to provide for 33 per cent reservation for women.
Call for reservations:
A delegation of Naga Mother's Association (NMA) met Nagaland Governor La Ganeshan on Tuesday and submitted a copy of observations made during a recent consultation in which women organisations opposed the decision to repeal Nagaland Municipal Act and sought 33 per cent reservation for women. They said the decision was taken without consultation with the women organisations. "The Governor is likely to convene a meeting on this issue," NMA adviser, Rosemary Dzuvichu said. They also objected to the silence of two women MLAs inside the Assembly when the decision to repeal the Act was taken. The two women MLAs were elected for the first time in Nagaland on March 2.
The women's organisation say that the special provisions under Article 371 (A) should not be applied for denying reservation to women. They believe that reservation would encourage more women to contest elections as low participation of women in elections has remained a concern in the tribal state.