In recent times, the issue of reservation for women in Urban Local Body (ULB) elections as per the Nagaland Municipal Act of 2001 has stirred up considerable controversy in Nagaland. Various parties in the state are engaged in intense discussions over this contentious matter.
The Nagaland Municipal Act of 2001, in line with the 74th Amendment to the Indian Constitution, mandates a 33% reservation for women in ULB polls. The amendment was implemented during the tenure of P.V. Narsimha Rao’s government in 1992, becoming effective from June 1, 1993. This amendment, which introduced Part IX -A and included provisions from Articles 243-P to 243-ZG, brought urban local governments under the purview of the constitution. It also introduced the 12th Schedule, containing 18 functional aspects of Municipalities.
Crux of Disagreement
Several tribal and urban organizations argue that a 33% reservation for women violates these special provisions. The predominant tribal body in Nagaland, Naga Hoho, maintains that traditionally, women have not been involved in decision-making bodies. As it stands, Nagaland remains the sole state where ULB seats are not reserved for women.
Protestors, including tribal bodies and civil society organizations, have called for a boycott of the polls until the Municipal Act of 2001, which factors in women’s reservation, is reassessed and reformed in alignment with the sentiments of the Naga people. They insist that the Act must not infringe upon Article 371A.
Nagaland’s first and only civic body election took place in 2004, with no reservation of seats for women. In 2006, a 33% reservation for women was added to the Municipal Act 2001, provoking strong opposition and leading to the ULB polls’ indefinite delay in 2009.
Attempts to conduct the elections in March 2012 were met with stiff resistance, and in September 2012, the State Assembly passed a resolution exempting Nagaland from Article 243T of the Constitution, which pertains to women’s reservation. The resolution was revoked in 2016, leading to further turmoil when elections to civic bodies with a 33% reservation were announced. The government declared the process null and void in February 2017.
Why do ‘some’ believe ULB Reservation infringe Art 371A
Some Nagas believe that implementing the 33% reservation for women in local bodies, as mandated by the 74th Amendment to the Constitution of India (Article 243T), would infringe upon their special rights under Article 371A. They argue that this reservation would alter the traditional socio-political practices of the Nagas, where women have typically not held decision-making roles. The tribal bodies see this as an imposition of external norms and laws on their customary practices.
Nagaland stands out as potentially the only state that does not adhere to clause IV of the 74th Amendment to the Constitution of India, which mandates the reservation of seats for women in Urban Local Bodies (ULBs).
Essentially, the disagreement stems from a perceived clash between the constitutional provision for women’s reservation in local bodies (a form of gender equality under modern democratic norms) and the preservation of traditional Naga customs and laws as protected by Article 371A.
What does SC say in opposition to the reservation?
The Supreme Court clarified that reservation under the 74th Amendment is not optional but mandatory, a ruling criticized for overlooking Nagaland’s unique status under Article 371A. Unlike mainland India, Naga society generally treats women as equal partners and breadwinners, reducing the need for reservation. Critics argue the state’s obligation under the 74th Amendment should ensure Article 371 A’s protection.
Despite opposition, the state government has consistently signaled its readiness to conduct ULB elections with the 33% women’s reservation. With the new NDPP-BJP government in power, critics fear that implementation of the 74th Amendment might undermine Article 371A, paving the way for a Uniform Civil Code.
Current Scenario Post-April 2023
Widespread opposition arose because many Naga groups felt that the reservation violated Naga customary laws protected by Article 371(A) of the Constitution, which grants Nagaland a special status preserving its traditional ways. The debate led to the indefinite postponement of municipal elections in 2009.
However, not all parties oppose the reservation. The Naga Mothers’ Association (NMA) and other women’s groups have been advocating for the elections, arguing that reservations do not infringe upon Article 371(A). Despite a high court ruling instructing the government to hold elections in 2011, the Nagaland assembly rejected women’s reservation in ULBs in 2012. A violent opposition to the elections resulted in two deaths in February 2017, causing the NMA to withdraw from the petition for reservations.
Recent developments saw the formation of a committee to review the Municipality Act 2001 in October 2021, and the Supreme Court reproaching the Nagaland government for election delays in February 2022. A unanimous resolution to hold ULB polls was adopted in a meeting of all stakeholders in March 2022. Although there are still voices demanding a review of the Municipal Act, the majority, including the apex tribal body of the state, Naga Hoho, no longer object to the reservation.