The Supreme Court recently issue notices to Nagaland Chief Minister Neiphiu Rio and the State’s Chief Secretary to respond to a contempt application filed in connection with the government’s decision not to hold local bodies elections with women reservation.
While issuing notice in the matter, a bench of Justice Sanjay Kishan Kaul and Justice Aravind Kumar asked Nagaland Advocate General (AG) KN Balagopal how granting reservation to women would affect any customary rights of the larger Naga community.
“This is not acceptable. What practices of the Naga community are affected if women are given reservation? You are in contempt,” Justice Kaul bashed.
Justice Kaul went on to say that one state in the country cannot be exempt from the Constitutional scheme.
“We have nothing personal but this cannot be done. You cannot, Mr AG, let a part of the country escape the Constitutional scheme. This is what it to us prima facie appears,” Justice Kaul remarked.
Earlier in April, the Apex Court stayed the Nagaland government’s decision to cancel local body elections in the state with 33% reservation for women, as the top court had mandated previously.
The order was passed in response to a petition filed by activist Rosemary Dzuvichu and the People’s Union for Civil Liberties (PUCL) challenging a resolution passed by the Nagaland State Assembly on September 22, 2012, which exempted the operation of Part IX-A of the Constitution, which mandates such reservation, from enforcement.
The Nagaland Assembly voted to withdraw the above resolution in 2016, despite the fact that the reservation has yet to be implemented.
The hearing in the case has been drawn out. The Supreme Court granted the Nagaland government a final opportunity to report on how it plans to implement the reservation in April 2022.
The SEC (State Election Commission) informed the Court on March 14, 2023, that the polls would be held on May 16, 2023, shortly after the State assembly elections.
However, on March 30, it canceled the notification, citing opposition from some tribal pressure groups.
During the hearing, the Nagaland AG informed the bench that more time was needed to review the provisions of the Nagaland Municipal Act. The Assembly repealed the Act in March of this year, stating that a new law would be enacted after consultation with all tribes.
The bench was unimpressed with the AG’s submission and concluded that it was an attempt to circumvent the Court’s previous orders.
“You want to keep everybody happy, it is not possible. For consensus, something or the other will come up. It is an issue of women’s empowerment, nothing else,” Justice Kaul stated.
Senior Advocate Colin Gonsalves, appearing for the petitioners, emphasized that no evidence had been presented that the reservation for women interfered with any customary tradition.
“Nothing has yet emerged advancing the views that emancipation of women through reservation interferes with Naga practices,” the bench noted in its order.
The bench scheduled the matter for further hearing on 1st May 2023.
