33% women Reservation : Why is the State Govt ignoring NLA Sept 22, 2012 resolution?

DIMAPUR, NOVEMBER 3 : According to newspaper reports on Thursday, the Nagaland government would be going ahead with the elections to the Urban Local Bodies in places “where there are no opposition” against the 33% reservation of seats for women. A CMO statement on Thursday read: “Article 371 (A) says notwithstanding anything contained in this Constitution, no act of Parliament shall apply to the state of Nagaland, unless the NLA so decide by a resolution. Now, we find it difficult to fight against the Central Acts, which were already ratified by our own assembly in the past. Sometimes we forget what we have done, but record always speaks the truth.” This statement was preceded by the chief minister offering the contention that “the Nagaland Municipal Act was passed in 2001 and amended in 2006, with 33 % women reservation.” While the chief minister was right in his assertion that ‘records always speak the truth’, it has certainly given rise to the question as to why he appears to be decidedly ignoring the ‘records’ of the Nagaland Legislative Assembly resolution of September 22, 2012. On that day, the NLA had resolved that ‘no statutory provision of the state which provides for matters similar to as contained in Article 243T of the Constitution of India, shall have force in Nagaland.” Article 243T, it might be pointed out, pertains to reservation of seats for women in municipal and town councils. Assembly records show that Zeliang, who was the chairman of the select assembly committee formed to examine the opposition to women reservation, stating: “This 33% reservation is a legally propounded idea which will permanently alter the natural evolution of Naga society.” The committee headed by Zeliang back then had recommended “to exempt Nagaland from application of 243T of Part IX A of the Constitution of India.” The other members of the committee were: Dr Shurhozelie Liezietsu, Imkong Imchen, KL Chishi, Kipili Sangtam, KV Pusa and Apok Jamir. Assembly records also show that it was the then minister for Urban Development, Dr Shurhozelie Liezietsu who had moved the Nagaland Legislative Assembly to adopt the September 22, 2012 resolution. Women empowerment, in any form, must be encouraged and pursued. But the question now is not about the merits or demerits of seat reservation for women. And the chief minister certainly owes an explanation to the people as to why the ‘records’ of the Nagaland Legislative Assembly resolution of September 22, 2012 have been ‘forgotten’ and what has prompted the drastic change in opinion. Empowerment, be it through reservation or other facilities, must be founded on fair means. It is worth recalling that the Angami Public Organization (APO) has on Thursday appealed the state government to amend the Nagaland Municipal Act before conducting elections to the civic bodies. The Ao Senden, from the beginning has rejected it outright. The Eastern Nagaland Peoples’ Organization has declared that it would not welcome reservation it infringe on (the provisions of) Article 371 (A). For the Chakhesang Public Organization (CPO), the Cabinet’s decision to enforce the Nagaland Municipal Act of 2001, subsequently amended to provide 33% reservation for women, was “against the interest voiced by various civil societies.” The Sumi Hoho has also stated that, after legal consultations, if women reservation was against Article 371 (A) it would not accept it.