33% WOMEN RESERVATION ALSO TO BE INCLUDED
In a landmark judgment for women in Nagaland, the judge presiding Kohima Bench of Gauhati High Court Justice A.K. Goswami Friday ruled that election to municipal and town councils in the state was long overdue and should be constituted at the earliest along with reservation of 33% seats for women.
This was contained in a copy of the judgment order made available to the media. The high court quashed the state cabinet’s decision of indefinite postponement of municipal council and town council elections in Nagaland which was due in January/February 2010 and directed that election to the same be conducted before January 20, 2012. It also ruled that 33% women reservation should strictly be implemented in the impending civic bodies’ elections.
Mention may be made here that the writ petition was filed at the Gauhati High Court on behalf of Naga women by the Joint Action Committee on Women Reservation (JACWR) consisting of the Naga Mothers’ Association, Eastern Nagaland Women Organization, Watsu Mongdang and Naga Women Hoho Dimapur through petitioners- NMA advisor Rosemary Dzuvichu and NMA president Abeiu Meru.
Meanwhile, JACWR has expressed appreciation the solidarity and support given by all tribal women organizations, leaders and their presence during the Court hearings on the issue.
Committee extended gratitude to its counsel senior advocate Supreme Court of India, New Delhi Colin Gonsalves and his team of lawyers from Human Rights Law Network; JACWR local counsel A. Zho and his team of lawyers; and all those who contributed in various ways in seeking justice to protect the rights of women in the state.
While making its judgment on the issues, the court referred to the cabinet deliberations on the representation from the Municipal and Town Council Forum dated November 30,2009 demanding elections while another representation from the Naga Hoho and ENPO dated December 12,2009 pertained to consultations on 33% reservation for women.
The cabinet, after deliberations on the matter of holding elections to municipal and town councils decided against it on the plea that there was need to maintain harmony in society in view of the delicate situation and also due to the ongoing reconciliation and peace process in Nagaland.
The cabinet pointed out that municipal and town council polls had the potential of creating “tensions and undesirable situations in the state” and non-submission of suggestions for remedial measures by the Committee of Secretaries appointed to look into the shortcomings of the present Municipal Act.
Taking the above into account, the cabinet decided to postpone indefinitely, the Municipal and Town Council elections due in January 2010.
Further, the cabinet had taken note of the fact that due to non-existence of any provision in the Nagaland Municipal Act,2001 for extension of the tenures, it suggested constitution of Ad-hoc Municipal/Town Advisory Councils to run the affairs of the civic bodies till elections are held.
The court also pointed out that as per the Nagaland Municipal Act 2001,elections were required to be held with one-third reservation for women but that the state did not hold elections.
On the issue of 33% reservation for women, the court noted that as per Section 23A of the Amendment Act 2006, male members elected from wards which have become reserved for women, were deemed to have vacated their seats within 180 days from August 30,2006 by the end of February 2007.
It however said, the state permitted the male members to continue till terms of the civic bodies ended between December 12,2009 and March 9,2010.
Further, the learned judge noted that in response to the write petition a notice was issued to conduct fresh elections to civic bodies before their terms expired as per a notification dated November 17,2009.
It said prior to that on November 16,2009 the state issued a notification earmarking 82 wards for women in the ensuing election including SC and ST.
The learned judge after studying various affidavits filed by the respondents, averred that the decision to postpone elections to civic bodies cannot be said to be something that could distract authorities from holding elections.
Further the learned judge averred that issue of reservation for women and ongoing peace process was a “tenuous link” and that there was no material evidence before the cabinet to substantiate the claim.
It was also pointed out that consultations with various bodies was a fundamental right to freedom but that “the rule of law has to reign supreme.”
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