[33% reservation for women in local bodies] Either you decide or we will: Supreme Court gives last chance to Nagaland

The Supreme Court on Tuesday granted a final opportunity to the Nagaland government to report on how it proposes to implement the proposed 33 per cent reservation for women in local bodies [Peoples Union for Civil Liberties (PUCL) v. State of Nagaland and Others]..A Bench of Justices Sanjay Kishan Kaul and MM Sundresh came down on the State after going through a report filed by the State Election Commission in the matter."The report is once again reflection on the lackadaisical attitude of the State Government even in furtherance of assurances given to this Court apart from the fact of the legal mandate which they are required to follow.".While adjourning the matter to April 12, the Bench warned the State of Nagaland that any non-compliance would be treated as a violation of the order of the Court. At the next hearing, the State is required to disclose a date for completing the exercise of implementing the reservation, and respond to the letters of the Election Commission."Don’t make us take a harsh stand. Local issues can’t be gender negative. We will not let go of this matter without taking it to its logical conclusion,” the Court orally remarked..The Court was hearing a petition moved by activist Rosemary Dzuvichu and the People's Union for Civil Liberties (PUCL) challenging a resolution passed by the Nagaland State Assembly on September 22, 2012, which exempted the operation of Part IX-A of the Constitution that mandates 33 per cent reservation for women in local bodies in the state.In 2016, the above resolution was withdrawn by the Nagaland Assembly, even as the reservation is yet to be implemented..The top court made it clear that it is open to issue a judicial order to secure 33 per cent reservation for women if the administration didn’t take steps on its own."It has been done in the Armed Forces. We are saying in very certain terms, we will do it here and we will monitor it,” Justice Kaul orally remarked.Expressing its displeasure at the State's failure to respond to the Commission, the Bench noted in its order,"We note with great regret that an important aspect of gender equality seems to be getting postponed and a decade has passed in that behalf.".Senior Advocate Colin Gonsalves, appearing for the appellants, expressed some reservation as to the result of the deliberation. According to him, the recommendations are that the men will nominate the women, which the Bench described as being not acceptable.Advocate General (AG) KN Balagopal, appearing for the Nagaland government, objected to the procedure. He submitted that the elections for municipal councils were held in 2008, 2009 and 2012 with reservations for women, but there were widespread protests by tribal groups in the State when local elections with quotas for women were notified in 2017.The AG also said that the government did set up a panel to identify issues blocking the implementation of the 33 per cent women reservation rule, and to assuage concerns of groups opposing this move. The said committee is at the threshold of submitting its report for holding of elections as per the mandate provided by the Nagaland Municipal Act of 2001, he informed the Court.He stated that due to his 'indisposition', he could not visit Nagaland, and would like to be part of the final deliberations before the State government and therefore, sought some time..With regard to the nomination procedure, Justice Kaul orally remarked that the same was not acceptable and it was reassuring that the AG has stated it is not the case. “This is something not naturally acceptable. While the State says it is not so, were such a proposal to be made, it will not take us a minute to quash it,” the Bench orally stated..[Read Order]

[33% reservation for women in local bodies] Either you decide or we will: Supreme Court gives last chance to Nagaland

Anadi Tiwari

Related Stories