Nagaland civic polls plunge into uncertainty over women quota again as House nixes law

The first ULBs election in Nagaland was held in 2004. After the Nagaland Municipal Act 2001 was amended in 2006 to include 33% reservation for women in line with the 1992 constitutional amendment, widespread opposition against it has since stalled the civic polls in the state. The controversy around them had led the Nagaland government in 2009 to indefinitely postpone the polls, which were then due in 2010.

Led by various tribal groups, the primary contention of those against the amended 2001 law has been that it is allegedly in contravention with the Naga customary laws as enshrined in Article 371(A) of the Constitution — which accords the state special status and protects its traditional way of life.

In the wake of the Supreme Court’s directions, Nagaland’s State Election Commission on March 9 notified that the polls to three municipal councils and 36 town councils will take place on May 16, along with 33% reservation for women. The ground for this notification was laid when the then Nagaland government conducted a multi-stakeholder consultation in March 2022 with tribal bodies, churches, civil society organisations and NGOs, in which a resolution to hold the civic polls was adopted.

However, following the notification of the ULB polls, the calls for their boycott had again been made by a slew of tribal bodies and civil society organisations, with their opposition mainly centred around the issue of women’s reservation.

On Monday, after a consultative meeting, tribal hohos, apex tribal bodies, resolved to boycott the polls till the Municipal Act 2001 is reviewed, charging that it was a “borrowed” one and “any part/section of the act that infringes Article 371-A should be ‘reviewed and rewritten’ in complete consonance with the voice of the Naga people”.

Among the concerns they listed was a demand for a “guarantee” from the government that the 33% women reservation does not infringe on Article 371-A “before rushing to conduct the Urban Local Body election”; a demand for specifying the duration for which the reservation would be applied, suggesting that it be capped at two tenures; and an opposition to reservation of the chairperson’s post for women.

The Neiphiu Rio-led government’s resolution in the Assembly, which was moved by Parliamentary Affairs Minister K G Kenye, stated that the people cannot be “compelled” to participate in the elections.

“The government received reports about the law and order situation which could worsen with the passage of time in the event the elections are held without making the demanded changes. Accordingly the Cabinet met on two occasions to resolve the impasse. By the time it came to light that there will be no participation in these elections owing to the boycott by all the Tribal hohos and various organizations… The House has deliberated in the matter, and deems that the Urban Local Bodies election cannot be conducted unless the Nagaland Municipal Act 2001 is repealed,” states the resolution.

After the resolution was passed unanimously, the House also passed the Nagaland Municipal Act, 2001 (Repeal Bill) 2023.