The Supreme Court on Tuesday asked the Centre why it was silent on the 33% reservation for women in urban local body polls not being implemented in Nagaland, reported PTI.
The court is hearing a plea challenging a decision passed in the Nagaland Assembly in September 2012 exempting the state from Article 243D of the Constitution, which mandates 33% reservation for women in local bodies. The decision was withdrawn in November 2016, but the reservation is yet to be implemented.
The first and the only urban local body elections in Nagaland were held in 2004 without seats being reserved for women. Since then, any attempt by the government to conduct the polls with the women’s quota has been met with fierce protests from tribal bodies in the state.
The tribal bodies of the state argue that women have traditionally not been part of decision-making bodies in Naga customs, according to The Hindu. The tribal bodies say that allowing reservation for women would violate special provisions granted to the state under Article 371A of the Constitution.
The provision states that “no Act of Parliament would apply under the Legislative Assembly of Nagaland by a resolution decides in respect of Naga customary laws and procedures, administration of civil and criminal justice, ownership and transfer of land, land and social practices”.
On March 8, the State Election Commission had announced that elections to 39 urban local bodies in Nagaland with 33% reservation of seats for women will be held on May 16. However, the notification was withdrawn on March 30 after the Nagaland government passed the Nagaland Municipal (Repeal) Act.
The new law repealed the Nagaland Municipal Act of 2001 which had guaranteed one-third reservation for women in civic body polls.
However, on April 5, the Supreme Court stayed the new law. The court also pulled up the Nagaland government for adopting an “ingenious method” of repealing the Municipal Act to avoid the responsibility of holding the polls.
At Tuesday’s hearing, a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said that laws often precede social reform in the country, reported Bar and Bench.
“In our country law comes before social change, law gives it the impetus,” the Supreme Court said. “Do you think all Hindu men would otherwise easily agree to have one wife? Would people give equal property share to daughters?”
The court also noted that the Centre has a role to play in the matter as the Bharatiya Janata Party is an ally of the Chief Minister Neiphiu Rio’s Nationalist Democratic Progressive Party.
“Do not make us say Central government is hesitant,” Justice Kaul said, according to Bar and Bench. “What role have you played where a Constitutional provision is not being enforced? We cannot let you wash your hands off. In other cases, where you are not amenable with the state government you have acted. But here it is the same party as the Central government.”
The bench also clarified that it was not interfering with the customary laws of Nagaland, reported PTI.
Advocate General of Nagaland, KN Balgopal said that the state government was keen to come up with a new law and sought time to seek instructions on the matter, reported PTI.
The court will next hear the matter on September 28.
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