The bill was tabled when the non-implementation of 33 per cent reservation in municipalities and not holding of civic body elections since 2010, besides the resolution of the Nagaland Assembly on exempting Nagaland from Part IX A of the Constitution, have been challenged by Naga women in the Supreme Court, NMA president and JACWR convenor Abeiu Meru and NMA advisor and JACWR co-convenor Dr Rosemary Dzuvichu said in a representation to the MP on Monday.
The JACWR said final court hearings on the matter are in progress and that the judgement of the court is expected soon. It appealed that due respect be given to the court to give its judgement on the matter and requested the Rajya Sabha MP to respect and protect the constitutional rights of women in Nagaland.
The representation said in June 2011, the JACWR was formed by Naga women organisations of all tribes following failure of the State Government to hold the long overdue municipal elections and implement 33 per cent women reservation as per the Nagaland Municipal Act First Amendment, 2006. Stating that a writ petition was filed by the Naga Mothers Association in the Kohima Bench of Gauhati High Court on these issues, the JACWR said the High Court directed the Nagaland Government to hold elections and implement women reservation within one month on October 21, 2011.
It maintained that the State Government gave various excuses, delayed elections and approached the Division Bench of Gauhati High Court, citing customary practices and Article 371 (A) and the court agreed to await the decision of the Select Committee of the Nagaland Assembly on the matter.
In September 2012, the NMA, on behalf of the JACWR, filed a Special Leave Petition in the Supreme Court challenging the court order of the Division Bench, Gauhati High Court as well as the resolution of the Nagaland Assembly which stated that Nagaland should be exempted from Part IX A of the Indian Constitution due to the provisions of Article 371 (A). The matter was heard, the JACWR said adding that it is awaiting the final hearing and judgement of the Supreme Court.
Stating that the Naga women’s political empowerment in decision making bodies has been curtailed due to the failure of the State Government to uphold its bounden duties, the JACWR opined that urban governance has nothing to do with Naga customary laws or practice as it is out of the purview of traditional village governance systems of the village councils. It further stated that the matter is compounded by misinterpretation of Article 371 (A) by the State Government itself, as is evident in documents submitted before the successive courts on the matter.
The JACWR said it is highly objectionable that the State Government cited absurd excuses for not holding elections or implementing women reservation like the ‘fragile ongoing peace process’, customary laws and social practices and misinterpreted Article 371 (A), while the Advocate General of Nagaland predicted ‘great bloodshed’ before the Division Bench if women were granted 33 per cent reservation, guaranteed by the Constitution of India.
“Under such serious circumstances, it is expected that the representative of the Naga people in the Rajya Sabha, which also includes the women population, takes the stand to ensure gender equity and empowerment policies for women are implemented in toto,” the JACWR said.