What practices of Naga community are affected if women given reservation? Supreme Court asks Nagaland government

The Supreme Court on Monday sought the response of Nagaland Chief Minister Neiphiu Rio and the State's Chief Secretary to a contempt application moved in connection with the government's decision to not conduct local body polls with reservation for women..A bench of Justices Sanjay Kishan Kaul and Aravind Kumar, while issuing notice in the matter, asked Nagaland Advocate General (AG) KN Balagopal, how granting reservation to women would affect any customary rights of the larger Naga community. "This not acceptable. What practices of the Naga community are affected if women are given reservation? You are in contempt," Justice Kaul remarked.Justice Kaul further remarked that one State in the country cannot be allowed to be exempt from the Constitutional scheme."We have nothing personal but this cannot be done. You cannot, Mr AG, let a part of the country escape the Constitutional scheme. This is what it to us prima facie appears," Justice Kaul emphasised..Earlier this month, the Supreme Court had stayed the Nagaland government's decision to cancel local body elections in the State with 33 per cent reservation for women, as was mandated by the top court earlier..The order was passed on 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the operation of Part IX-A of the Constitution that mandates such reservation.In 2016, the above resolution was withdrawn by the Nagaland Assembly, even as the reservation is yet to be implemented..The hearing in the matter has been a protracted one. In April 2022, the Supreme Court had granted a final opportunity to the Nagaland government to report on how it proposes to implement the reservation. On March 14 this year, the SEC had told the Court that the polls will be held on May 16, soon after the State assembly elections.However, on March 30 it cancelled the notification with regard to the same citing opposition from some tribal pressure groups..During Monday's hearing, the Nagaland AG told the bench that time was needed to take a relook at the provisions of the Nagaland Municipal Act. The 2001 Act was repealed by the Assembly in March of this year with the reasoning that a fresh law will be enacted after consultation with all tribes..The bench was left unimpressed with the AG's submission and opined that it was an attempt to evade the Court's earlier orders."You want to keep everybody happy, it is not possible. For consensus, something or the other will come up. It is an issue of women's empowerment, nothing else," Justice Kaul remarked. .Senior Advocate Colin Gonsalves, appearing for the petitioners, stressed that no shred of evidence had been presented that reservation for women interfered with any customary tradition. "Nothing has so far emerged to advance a plea that religious or social practices of Nagas or Naga Customary Law and Procedure denies the right of equality to women insofar as the participatory process is concerned in such elections", the bench noted in its order. .The bench posted the matter for further hearing on May 1, and also sought the response of the Central government. [Read order]