Nagaland Municipal Bill with 33% women reservation refered to Select Committee

If Naga women were never allowed to take part in the customary institution of decision-making, then this alone is a sufficient reason to give reservation, says Hekani

KOHIMA — The Nagaland Minicipal Bill 2023, which includes a 33% women reservation, was referred to a select committee for consideration on Tuesday during the ongoing second session of the 14th Nagaland Legislative Assembly (NLA).

Making a remark on the bill, Chief Minister of Nagaland Neiphiu Rio said on Tuesday that tribal bodies and organisations have expressed their keenness to take this matter forward and conveyed their broad agreement to the provisions, in particular, for providing 1/3rd reservation of seats for women in ULBs, in the proposed legislation for municipal governance in the state.

He stated that the 74th Constitutional Amendment Act, 1992, incorporated provisions relating to Urban Local Bodies (ULBs) into the Constitution in order to strengthen these bodies as vibrant democratic units of local self-government. Every state government, including Nagaland’s, thus came under the constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the Constitution.

He stated that Nagaland was exempted from the 73rd Constitutional Amendment Act, which was for local self-government in villages and rural areas across the country, and the state has continued with its village councils formed according to customs and traditions. However, no exemption was granted to the state for towns and urban areas.

Rio informed that the state government consequently enacted the Nagaland Municipal Act, 2001, making provisions for the constitution of Urban Local Bodies. However, in 2004 and 2008, elections couldn’t be held in Mokokchung, and then in 2009, they couldn’t be held in the entire state.

In the backdrop of this, he reiterated that the Nagaland Legislative Assembly, during the 11th session of the 11th Nagaland Legislative Assembly in March 2012, adopted three resolutions: Reference of the Nagaland Municipal Act, 2001, for review of a Select Committee of the House;  Reference of Part IXA of the Constitution of India to Committee to scrutinise Parliamentary laws for application to Nagaland; and Suspension of Statutory process towards conduct of elections to Municipal and Town Councils.

The chief minister said the NLA subsequently, during the 12th session of the 11th NLA on September 22, 2012, adopted a resolution to exempt Nagaland from the application of Article 243T of Part-IXA of the Constitution of India, while the NLA further passed another resolution that no statutory provision of the state that provides for matters similar to those contained in Article 243T of the Constitution of India shall have force in Nagaland.

Yet, in the aftermath, the Joint Action Committee on Women Reservation filed a special leave petition in the Supreme Court seeking the Court’s intervention against the government’s decision.

Narrating that the 3rd Amendment Act, 2016, led to certain amendments of the Act, the most prominent being “all references and operative provisions relating to ‘tax on land and buildings’ wherever these occurred in the Nagaland Municipal Act, 2001 being omitted”, he highlighted that the 12th NLA in its 14th session on November 24, 2016 passed a resolution revoking the resolution passed by it earlier under Article 371 (A) (1a) of the Constitution of India on September 22, 2012 exempting Nagaland from the application of Part-IXA of the Constitution of India.

Subsequently, in December 2016, the election programme was notified by the State Election Commission for elections to the ULBs, and the date of holding was scheduled for February 1, 2017. There was, however, widespread agitation and bandhs declared all over the state by various tribal bodies, Hohos, and organisations representing the various tribes of Nagaland, mainly opposing the 33% reservation of women in the ULBs. The government was faced with a delicate law and order situation where various government buildings were burned down and lives were also lost.

The entire state machinery also came to a standstill from January 31, 2017 to February 22, 2017, as the organisations had called for the closing down of all government offices and banned plying of all government vehicles during this period. Considering the overall situation, the government had to declare the election process for the ULBs null and void, said the Chief Minister.

He also relayed that earlier this year in March, in pursuance of the Supreme Court order, the state government again decided to hold elections to the ULBs, and like earlier times, it was strongly opposed by the tribal bodies and several CSOs, again on the ground that many provisions of the Nagaland Municipal Act, 2001 are in contravention of Article 371 (A). The government, in deference to the wishes of the people, again decided not to go ahead with the ULB elections.

Maintaining that, several attempts by the government over the years to conduct the elections to ULBs to fulfil the obligations thrust upon it by the 74th Amendment Act of the Constitution, as well as to adhere to the directions of the Court, were unsuccessful, as the tribal bodies and the people always viewed the attempts to hold elections with suspicion, and there was stiff and vehement opposition.

He reiterated how the 14th NLA, during its first session, repealed the Nagaland Municipal Act, 2001, in toto in the interest of our people and the state, and while repealing the Act, it was also decided that they would make a new act expeditiously in consultation with our tribal bodies and all others concerned for the governance of the towns and cities and urban areas, which is fully in consonance with accepted customary practices and traditions, and Article 371 (A).

He said, “Our action of repealing the Act has been subsequently examined by the Supreme Court, and in its last order, which all of you will be aware of the Supreme Court while advocating 1/3rd representation for women has further also stated that the personal laws of Nagaland and the special status under Article 371 (A) is not being touched in any manner.  We have been given by the Court one last of the last opportunities to abide by its directions, and the case is next listed on September 26, 2023”.

Rio also asserted that earlier, while repealing the NMA 2001, the state had decided to enact a new law expeditiously for municipal governance, and in view of the clear directions of the Supreme Court, the state have to move for a new legislation for Municipal Governance in the State and on the of August, 11, 2023, the Cabinet decided for Constituting a Committee/ Panel for drafting a New Municipal Act.

He informed that, in pursuance of the government’s direction, the drafting committee/panel has submitted the draft Municipal Act to the government for necessary action on August 25, 2023, while he also reiterated that a consultative meeting with CSOs and tribal bodies was convened by the state government in September to discuss matters pertaining to ULBs in the state and the new municipal bill.

Wherein he maintained that, he and also the Advocate General, who was also present in the meeting, informed the participants that while many provisions that were present in the earlier Act and were entirely non-contentious in any way were kept; provisions in regard to taxes on land, buildings, and properties were not kept, and he added that the provision for a third reservation of seats in ULBs for women is present in the proposed legislation given the directions of the Supreme Court.

“For the last 22 years the Government is also trying its best so the Government of India and the Court should also appreciate the efforts and action of the State Government,” said Rio while relaying the keenness of the meeting participants during the September 1 consultative meeting. Accordingly, the state cabinet, at its meeting on September 8, decided to table the Nagaland Municipal Bill, 2023, for consideration.

The bill should suitably address all the concerns of our people, he said, adding that if the house was of the opinion that more examination and deliberations were required for the provisions in the bill, it should consider referring the bill to a Select Committee for its consideration.

KG Kenye, Minister of Power and Parliamentary Affairs, in his initiation of the discussion on ULB elections, said successive governments have tried to implement the Nagaland Municipal Act 2001 and have met unprecedented situations and encountered many ghastly events.

He also stated that the case has been pending before the government for 21 years, and that the 14th NLA took up the matter from the first session, which was extensively deliberated, and had repealed the principle act of NMA 2001 with the determination to have a new municipal act for the state.

He stated that the exercises were tremendous and that the department concerned and concerned individuals have worked hard to reach a consensus, while reiterating the most recent consultative meeting with tribal hohos, civil societies, and stakeholders on September 1.

Kenye maintained that during the meeting a consensus was reached; unfortunately, there has been some backtracking, which he viewed as being due to certain apprehensions that differ from what was tabled at the meeting.

The minister stated that the Supreme Court, in its latest verdict, has recognised the prominence of Article 371 (A) and further assured that the customary law of the Naga people will not be infringed upon.

Viewing that it came as a request by quoting from the judgement that they are concerned about women folks and as to why an enlightened and educated society like Nagas should not be able to find a place and accommodate the 33% women reservation, Kenye maintained that the society has made a lot of concessions and, to keep pace with the rest of the world, has accommodated the 33% women reservation in the new proposed act.

Hekani Jakhalu, advisor for Industries and Commerce, in her maiden speech acknowledged the chief minister and others for creating history by electing two women legislators to the 14th NLA.

She stated that history has been made regarding the 33% women reservation to be included in the Nagaland Municipal Act, stating that women’s organisations and leaders have been fighting for nearly two decades.

She said, “It has been a very strenuous, tedious and very stressful two decades for not only the women leaders but for the entire state and to the people in general, because they never get up but they fight it till the end.”

The woman legislator said it was not about man versus woman, like at times it may have looked like, but something that needed to be changed, and it was important that a lot of sensitisation and awareness had to be created, which took almost two decades. She also stated that today, women are accepted to be in the house.

She also expressed delight at the outcome of the September 1 consultative meeting, stating that the 33% reservation is not just a Supreme Court ‘fixture’ that the state must follow, but it is the right thing to do.

Pointing out that Nagas are an indigenous community, which is not unique to Nagas alone, she highlighted the UN statistics, which show that there are about 476 million indigenous people worldwide, and indigenous people are governed by customary laws.

A lawyer herself, Hekani said, “Customary law is something that has been governing our lives through our forefathers. Customary laws we understand are not codified, it is not a uniform law, it is something that is fluid, flexible and our forefathers throughout the years adapted to times. According to times customary laws changed, and that has been the case since time immemorial.”

She also supplemented her statement by citing headhunting, which was once considered a source of pride by Naga men but has now become irrelevant.

She said, “Not giving rights to women in the decision making body is against the universal Human Rights, and against equality. But that is the thing that indigenous communities all over the world face.”

She also stated that there is always a struggle between universal human rights and cultural relativism, stating that culture can be the cause of human rights violations as well as the protector of human rights.

She said that many practices and norms in society discriminate against women and are justified by culture, religion, and tradition.

My question is, if Naga women were never allowed to take part in the customary institution of decision-making, then this alone is a sufficient reason to give reservation, said Hekani, while she also pointed out the various opinions of the people on women reservation and said women have been deprived of participation in the decision-making body.

Even though women have advanced in many unrestricted fields, they have not been able to overcome the ongoing denial of their right to participate in decision-making bodies, and thus reservation is the only reasonable means to help women participate as of today, she said.

She also added that women reservation is a constitutional obligation under Article 243 T of the Constitution of India, and the very creation of the state and all other cherished rights that can be enjoyed are derived from the same constitution. The circumstances of the Naga women, as explained squarely, make Article 243T applicable to the state of Nagaland.

She implored the house to make history by passing the bill so that the children and their children will have a secure future and the beautiful life that they deserve.

Meanwhile, Salhoutuonuo Kruse, Minister for Women Resources and Horticulture, thanked the central leaders who framed the policy for the implementation of the 33% women reservation, the Naga Mothers Association (NMA), and the Naga men for approving the 33% women reservation.

Dy. CM Y Patton, Minister Temjen Imna, Advisor Zhaleo Rio, and Minister Jacob Zhimomi had also spoken on the same.

Meanwhile, MLA Achumbemo Kikon remarked that the bill is in its infant stage and suggested that the committee do a very extensive study, citing past experience to the extent of losing lives and imploring that the state cannot afford to make mistakes this time around when passing the new bill.

He maintained that the NPF as a party has made its stand clear, yet referring to the bill, he asserted that there are still some hitches ‘here and there, and that has to be properly taken care of.

Accordingly, CM Rio introduced “The Nagaland Municipal Bill 2023,” in the house but it was not considered, passed, or adopted. The chief minister moved the motion under Rule 73 of the Rules of Procedure of the Assembly Secretariat and has referred the bill to a Select Committee.

NLA Speaker Sharingain Longkumer has informed that the committee will be formed hereafter.

Also read: Nagaland Assembly passes resolution for ‘exemption’ from Uniform Civil Code