“The government has forgotten this public policy affects women of the state who are citizens,” – Prof Rosemary Dzüvichü
While various sections of Nagaland’s civil society organizations and tribal hohos praise the Nagaland government for repealing the Nagaland Municipal Act, 2001, many Nagaland women leaders find it “disappointing.”
“The news of the Repeal bill evoked deep disappointment because we don’t seem to have leaders who believe in the law they have already passed,” advisor to the Naga Mothers Association and professor at Nagaland University department of English, Dr Rosemary Dzüvichüu told Mokokchung Times.
Aside from the provision for taxation on land and buildings, another point of dispute in the Nagaland Municipality Act was the 33% reservation of seats for women
Civic body elections could not be held in the state with the mandated 33% reservation for women due to opposition from tribal bodies and public organizations. The last municipal elections were conducted in 2004. However, the reservation was not implemented even at the time.
In 2017, attempts to implement women’s quota in municipal elections under the terms of the amended Nagaland Municipal Act 2001 were met with violent demonstrations where two people lost their lives, several others were injured, and government assets were burned and destroyed. TR Zeliang, the incumbent chief minister of Nagaland, resigned as a result.
The CSOs believe that the 33% reservation of seats in ULBs for women violates the Naga customary practices protected by Article 371 A of the Indian Constitution.
However, following its re-election earlier this month, the Neiphiu Rio-led government declared its intention to follow the Supreme Court’s directive to conduct civic body elections with 33% women reservation.
The new government appeared resolute to conduct the election this time until CSOs and tribal Hohos started to protest, and the Nagaland Legislative Assembly ended up repealing in toto the NMA 2001 on 28 March.
When asked if this decision by the Assembly is a setback for women, Dzüvichü responded, “This is not a setback for women because the municipal matter is sub judice in the Supreme Court and we will see justice.”
According to her, three amendments to the Municipal Act have been made.
“The urgency to rewrite after 12 years of court hearings is strange. The State Government is already a respondent and familiar. We need a Naga Advocate General who will advise the State Government on these matters. When the Court has reiterated time and again it does not infringe on Art 371A, it is best that opposing forces implead themselves as fortunately it is still sub judice,” she said.
It is to be noted that the Naga Mothers’ Association (NMA) on Thursday held an open state level discussion on municipal elections in collaboration with the English department of Nagaland University, where they passed a three-point resolution in which they objected the decision to repeal the Nagaland Municipal Act 2001 and took exception that this was done without any civil dialogue or consultation with women.
The statement maintained that Naga women supported the Nagaland Municipal Act 2001 and First Amendment which provides 33% reservation of seats for women in ULBs.
“The public statement of women leaders is made known. The government has forgotten this public policy affects women of the state who are citizens. Their opinions and aspirations cannot be brushed aside,” Dzüvichü said.
The NMA in their statement has also noted that “the two women MLAs remained silent during deliberations on this issue in the Assembly session as well as abstaining from objecting or dissenting to the passing of the resolution.”
Responding to whether the government has consulted with the women folks, she said the Government has not reached out to the women.
“We are talking about the constitutional rights of Naga women. Surely as citizens, women’s voices should matter to any government,” she opined.
When asked what happens next as someone who has led the battle for women from the front, Dzüvichü said, “We must understand the matter is sub judice; it will depend on the court and the state government.”
Central Nagaland Women Association lauds NLA
Meanwhile, contrary to Dzuvichu and the NMA’s stand, the Central Nagaland Women Association (CNWA) has appreciated the Nagaland Legislative Assembly (NLA) and Chief Minister Neiphiu Rio for repealing the Nagaland Municipal Act, 2001, which it said infringed upon the rights of the Nagas.
“The CNWA supports the significant decision, bearing in mind that the taxes on land and building were clearly in violation of Article 371A of the Indian Constitution,” the Association stated in a press release appended by its Information and Publicity Secretary, Angelina Ngullie.
“The CNWA supports the significant decision, bearing in mind that the taxes on land and building were clearly in violation of Article 371A of the Indian Constitution,” it stated.
Looking forward, the CNWA further called for expediting the process of the enactment of a new Municipal Act for the State of Nagaland, along with consultations and deliberations with the various stakeholders involved.
CNWA further appealed for conducting the ULB elections at the earliest for the benefit of our society.
However, the CNWA in its press release did not make any reference to the 33% reservation of seats for women in ULBs.