Dimapur, Jan. 21: The Naga People’s Front (NPF) has declared that the Nagaland government has in no way violated any of the provisions enshrined in Article 371 (A) of the Indian Constitution to create space for women in the urban local bodies.
The NPF explained that the present government has adopted a position that just because of seat reservation for women in urban local bodies, Article 371(A) ‘which is so dear to the Nagas cannot be left at the mercy of the court to interpret in their whims and fancies.’
A press statement from the party’s Legal Cell on Saturday stated that the state government ‘being the guardian of Article 371(A) could no longer remain a mute spectator but was compelled to take decisive step in order to salvage’ said Article.
“Meanwhile, the government in its effort to protect the sanctity of Article 371 (A) have very limited choice to make and the best available course is to go ahead with the ULB election. “Because by going ahead with the ULB election with 33% reservation for women would fulfil the demand of women group and thereby they would be oblige to withdraw the case pending in the Supreme Court. Now that the government have implemented the 33% reservation for women in ULBs where election is scheduled to be held on 1st February ’17, the women group should also withdrew the case pending in the Supreme Court so as to avoid any wrong interpretation of Article 371 (A),” it stated.
According the NPF, whether the women were elected or ‘nominated’, as suggested by some civil societies, ‘so long as they have the voting rights it remains the same as they will be a part of the decision making’. This is the reason why the present government ‘in its best wisdom opted to implement in toto the provision of Article 243T Clause (3)’, it stated.
“Reservation under Article 243T of Part IXA of the Indian Constitution is a national policy adopted by Indian Parliament in tune with the United Nations (UN) policy on women empowerment and gender equality. It is therefore in the fitness of thing that the present government decided to go ahead with the 33% reservation for women in the ULBs keeping in mind the national as well as international policy towards empowering women while also upholding the sanctity of Article 371(A).
“The party holds the view that the present government has in no way violated any of the provisions enshrined in the Article 371 (A) of the Indian Constitution for creating space for women to participate in the ULBs.”
The party also asserted that it was high time that the Naga society “further expand" from village to urban areas. The parliament will not enact any laws under Article 371 (A), it stated. “It is the Nagas themselves who should frame laws to implement Art. 371 (A). The assembly is at the state level and the village council is at the village level but the institution in the urban area is missing, this gap shall be filled in by the ULBs,” the NPF said.
Therefore, the NPF explained, it would “be in the fitness of thing” if all the citizens of Nagaland approached the issue from "holistic point of view" rather than narrowing the scope and ambit of Art. 371 (A). The government’s “intention to conduct the ULB election with reservation of seats for our Naga Women should be considered as, to further boost the accommodative spirit practice by the Nagas since time immemorial on all spheres of life which is found relevant even in the modern day governance.”
Therefore, the statement added, the party appeals to all in concern to be "magnanimous" in their attitude on the issue at hand and cooperate with the government’s decision to conduct the ULB elections peacefully as scheduled.
Also, on the issue of tax collection in municipalities, the party stated that ‘the power of the Municipalities to levy Tax on land and buildings have been omitted by the 3rd Amendment and therefore the power of the Municipalities have been curb by the state government to a large extent.’
According to the party, ‘rumours’ that ‘anything and everything’ would be taxed once municipal and town council election were held was ‘totally misleading’. “With the Smart City in the offing, the role of ULBs will be crucial and mandatory and therefore in the absence of ULBs how our people expect the government to build Smart City in Nagaland?” it stated.
