The Neiphiu Rio-led Nagaland government recently repealed the Nagaland Municipal Act of 2001, which led to the cancellation of the State Election Commission’s notification for holding elections to Nagaland’s 39 urban local bodies (ULBs) with 33% of the seats reserved for women. The decision has been met with mixed reactions, with some opposing and some supporting it.
Opposition to ULB polls
Nagaland is the only state in India where ULB seats are not reserved for women as mandated by clause IV of the 74th Amendment to the Constitution of India.
However, most of the traditional tribal and urban organizations in Nagaland oppose the 33% reservation of seats for women, arguing that such reservation would violate the special provisions granted by Article 371A of the Constitution to Nagaland. Article 371A states that no Act of Parliament would apply to the religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources. The hohos (apex tribal bodies) point out that women have traditionally not been part of decision-making bodies.
Have such polls ever been held in Nagaland?
The first and only civic body election in Nagaland was held in 2004 without any reservation of seats for women. The State government amended the 2001 Municipal Act in 2006 to include 33% reservation for women in line with the 74th Amendment. This triggered widespread opposition, forcing the government to indefinitely postpone the ULB polls in 2009. The State Assembly passed a resolution to exempt Nagaland from Article 243T of the Constitution, which is related to the reservation for women. This resolution was revoked in 2016, and elections to the civic bodies with 33% reservation were notified.
Government’s stand
Under pressure from the Supreme Court, the government laid the ground for holding ULB polls after consultations with various stakeholders. The tribal bodies and civil society organizations threatened to boycott the polls until the Municipal Act of 2001 factoring in women’s reservation is reviewed and rewritten in complete consonance with the voice of the Naga people so that it does not infringe upon Article 371A. The government succumbed to public pressure and repealed the Municipal Act with immediate effect, as the people cannot be compelled to participate in the elections.
Way forward
The groups against reservation for women want a guarantee that the 33% quota would not violate the provisions of Article 371A. They suggested that the duration of the reservation should be capped at two tenures and demanded that the post of chairperson should not be reserved for women.
The Naga Mothers’ Association (NMA) said that the State government erred in not consulting with women’s organizations before taking the decision to repeal the Municipal Act. The apex court also noted that nothing has so far emerged (with respect to Article 371A) to advance a plea that religious or social practices of Nagas or Naga customary law and procedure deny the right of equality to women insofar as the participatory process is concerned in such elections.
Article 371A
Article 371 of the Constitution includes “special provisions” for 11 states, including six states of the Northeast. Article 371A (13th Amendment Act, 1962), Nagaland: This provision was inserted after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
Why In News
The Nagaland Municipal Act of 2001 was repealed by the government led by Neiphiu Rio, resulting in the cancellation of the State Election Commission’s notification for holding elections to Nagaland’s 39 urban local bodies (ULBs) with a reservation of 33% of seats for women.
MCQs about The Repeal of Nagaland’s Municipal Act
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What is the reason for opposition to the reservation of seats for women in Nagaland’s urban local bodies?
A. Violation of Article 371A provisions
B. Lack of interest from women
C. Insufficient funding
D. Political instability
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What is the significance of Article 371A of the Indian Constitution?
A. It includes special provisions for 11 states, including six states of the Northeast
B. It reserves a percentage of seats for women in local bodies
C. It grants special privileges to religious and social practices
D. It establishes the framework for the administration of civil and criminal justice
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When was the first civic body election held in Nagaland?
A. 2001
B. 2004
C. 2006
D. 2009
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What is the demand of the groups opposed to the reservation of seats for women in Nagaland’s urban local bodies?
A. A guarantee that the reservation would not violate Article 371A provisions
B. An increase in the percentage of seats reserved for women
C. The indefinite postponement of the ULB polls
D. The complete elimination of reserved seats for women
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