'Important Aspect Of Gender Equality Getting Postponed' : Supreme Court Asks Nagaland Govt To Implement 33% Women Reservation In Local Bodies

The Supreme Court on Tuesday granted the State of Nagaland, six weeks to report back as to how it proposed to implement 33% reservation for women in Municipalities and Town Councils.

The directions were issued by bench of Justices Sanjay Kishan Kaul and MM Sundresh while considering a petition by a Peoples Union for Civil Liberties (PUCL) and woman activist Rosemary Dvuchu who had challenged Nagaland Assembly's resolution dated September 22, 20212 that exempted operation of Part IX A of the Constitution which mandates 33% reservation for women in municipal and town councils in the State.

The bench while adjourning the matter for April 12, 2022 warned the State that any non compliance would be treated as violation of Court's order.

"These gender issues are very complex in terms of resistance by power centers. Resistance to bring in equal norms, if you don't do it we'll supersede & do it judicially. Please do it. This matter will not get adjourned. Local issues cannot be gender negative. I'm conveying it in very uncertain terms that we will do it," remarked Justice SK Kaul.

"We note with great regret that an important aspect of gender equality seems to be getting postponed and a decade has passed on that behalf," the bench said in its order.

On December 7, 2021, Advocate General for the State had submitted that the State was at the threshold of completing the exercise and had formed a Committee to further the object of holding elections for Municipalities and Town Councils in the State in accordance with Section 23A of the Nagaland Municipal (First Amendment) Act, 2006.

The bench on considering Advocate General's submission that the State would amend mandate of the Act in the conspectus of the aforesaid and that Committee's report was expected in about a month's time had kept the matter for directions on February 22, 2022.

The State Election Commission in the hearing submitted a note before the Top Court wherein it had said that it was aggrieved by the State Government in not responding to the request of the State Election Commission.

In the note, the State Election Commission had reflected the following issues:

(a) Failure of the State Government to respond to the letter dated November 11, 2020 wherein request was made to change the legislation to adopt electoral rolls of the Parliament in the Assembly Election for use in local body election and the Election Commission providing requisite additional fields in existing rolls to enable ward wise segregation of voters.

b) Request by letter dated March 10, 2021 to take up amendment of Section 33 and 34 of the Nagaland Municipal Act, 2001 in line with Department of Justice and Law's observation

(c) Proposal by letter dated February 15 and August 17, 2021 to conduct summary revision of E-rolls for 3 Municipal Councils, 29 Town Councils and fresh E-rolls for the newly created Town Councils in the State

State Election Commission in the note also pointed out that last summary revision was done in 2016 after which no summary revision took place till date which led to a huge gap in the available old datas and creation of 7 new Town Councils vide Government Notification dated November 13, 2019.

After perusing the note, the bench during the course of hearing, remarked that the report once again was reflection on State Government's lackadaisical attitude even in furtherance of assurances given to the Top Court apart from the fact of the legal mandate which they were required to follow.

Appearing for the State, Senior Advocate and Advocate General for the State of Nagaland KN Balgopal submitted that the Committee which was formed to further the object of holding elections for Municipalities and Town Councils in the State in accordance with Section 23A of the Nagaland Municipal (First Amendment) Act, 2006 had completed the exercise.

Senior Advocate Colin Gonsalves for PUCL while expressing reservations as to the result of deliberations submitted that according to him the recommendations were that men would nominate women, something which was naturally not acceptable.

Advocate General for the State of Nagaland while objecting to Senior Advocate Colin Gonsalves statement submitted that due to his indisposition, he could not visit Nagaland and sought 6 weeks time to be a part of the final deliberations before the State Government.

With regards to the aspect of nomination, the bench said, "We can only say it is reassuring for us that learned counsel for the State submits that it is not so because such a proposal to be made or accepted, it would not take us much time to quash the same."

The bench also asked the State to point it out to the next date of hearing, the date for completion of exercise. Directions were also issued to respond to the letters of the State Election Commission within 2 weeks.

"We make it clear that a date has to be pointed out to us on the next date for completing the exercise and within the next two weeks the letters of the Election Commission must positively be responded to and we direct the Chief Secretary to do so. Any non- compliance would be treated as a violation of the Order of this Court," bench said in its order.

Case Title: People Union For Civil Liberties (PUCL) v. The State of Nagaland| Civil Appeal No.3607/2016

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