Women’s reservation in local body polls: Nagaland’s municipal tightrope

Source: The post is based on the article “Nagaland’s municipal tightrope” published in The Hindu on 18th April 2023

What is the News?

The Supreme Court has issued notices to Nagaland chief minister for repealing the Nagaland Municipal Act and violating an undertaking given to the court to roll out 33% reservation for women in local bodies after a gap of more than a decade.

The Nagaland government had repealed the act due to opposition from several traditional tribal organizations.

Why is there opposition to women’s reservation in local body polls in Nagaland?

Nagaland is arguably the only State where Urban Local Bodies(ULB) seats are not reserved for women as mandated by clause IV of the 74th Amendment to the Constitution of India. 

Most of the traditional tribal and urban organizations oppose the 33% reservation of seats for women as they argue 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 Urban Local Bodies(ULBs) 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. 

Recently, under pressure from the Supreme Court, the Nagaland government laid the ground for holding ULB polls.But the government succumbed to public pressure and repealed the Municipal Act 2001.

What is the demand of organizations opposing women’s reservation in ULB polls?

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.