Relevance: GS-2: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Key Phrases: Urban local Bodies,Gender Equality,Naga Customary Laws,Naga Hoho,Naga Mother’s Association,Joint action Committee on Women Reservation.

Why in News?

• Nagaland government has recently informed the Supreme Court about its decision to implement 33 per cent reservation for women in the civic body polls.
• With this, the apex court said there was no longer any “impediment” in holding elections to the Urban Local Bodies (ULB), and asked the Nagaland Election Commission to schedule dates.
• If implemented, ULB elections will be held in the state after more than a decade.

Background of Urban body Polls in Nagaland:

• The civic body elections were first held in the state in 2004, in accordance with the Nagaland Municipal Act of 2001.
• In 2006, the Nagaland Municipal Act of 2001 was amended to include a 33 per cent reservation for women in line with the 1992 Constitutional amendment.
• Since then,there has been widespread opposition to the amendment,

Reason for Controversy:

• Many Naga groups contend that the reservations are in contravention with Naga customary laws as enshrined in Article 371(A) of the Constitution — which accords the state special status and protects its traditional way of life.
• In February 2017, as the Nagaland government tried holding the elections as per a Supreme Court directive (to hold elections with 33 per cent reservation for women), the state was convulsed by violent protests that led to two deaths, and ouster of the then chief minister T R Zeliang.

Is everyone in Nagaland opposed to it?

Women’s groups are in support of reservation:

• Women’s groups like the Naga Mothers’ Association (NMA) stand in support of this reservation, and have fought a long legal battle for elections to be held.
• They argue that reservations do not infringe upon Article 371(A) of the Constitution.

Their rationale: Article 371 (A) is related to laws made in the Parliament while the reservations had been effected through a Constitutional amendment.

Course of actions that follow regarding the issue:

• The contention around the polls led the Nagaland government in December 2009 to indefinitely postpone municipal elections, which were due in 2010.
• In 2011, the NMA petitioned the Guwahati High Court on the issue. Many leaders from the NMA, as well as other tribal womens’ groups in Nagaland, also formed the Joint Action Committee on Women Reservation (JACWR) in the same year to press for the issue.
• However, despite the high court directing the government to hold the elections in 2011, the Nagaland assembly, in 2012, adopted a resolution rejecting women’s reservation in ULBs.

Attempts Made in Support of Women Reservation:

• The NMA filed a special leave petition in the Supreme Court making its case for reservations.
• It was on the basis of this petition that the apex court ordered the state government to conduct elections in 2017.
• The state assembly revoked its 2012 resolution and agreed to hold elections.
• However, as the elections were announced and the opposition to it turned violent leaving two dead in February 2017, the NMA withdrew its name for the petition.
• Thereafter, the People’s Union for Civil Liberties made itself a party to the case.

What happened thereafter?

1. Review of municipality act: In October 2021, a committee was formed by the state government to review the Municipality Act 2001.
2. Supreme court pulled up Nagaland government: In February 2022, the Supreme Court rapped the Nagaland state government for delaying the elections, saying that an “important aspect of gender equality seems to be getting postponed.”
3. Resolution to hold ULB polls: Shortly after in March, the state government convened a meeting with all stakeholders, including civil society organisations, churches, tribal bodies, political parties and NGOs and “unanimously” adopted a resolution to hold ULB polls.

On April 12, 2022, the Nagaland government informed the Supreme Court of its resolution, after which the court directed the government to fix a date for the ULB elections with 33 per cent seats reserved for women which is being described as a historic day for people of Nagaland.

Is there a public consensus on the elections now?

• There is resistance among various sections of the civil society. However, the government has mobilised and discussed with all stakeholders and there is a consensus now.
• The Naga Hoho, the apex tribal body of the state, is now no more in opposition.
• However, the Joint Coordination Committee (JCC) on urban local bodies continues to demand a review of the Municipal Act.
• Following the March resolution of the government, the JCC said that “all stakeholders were not consulted”.
• As per JCC,many aspects of the Act need to be reviewed. There may still be conflicting views among the public on the reservation issue and proper discussion is needed.

Conclusion:

• Gender equality is at the heart of the Indian constitution and any exemptions under Article 371(A) extend only to Acts framed by Parliament, whereas the reservation flows from a constitutional amendment.
• 74th amendment of the Constitution, which provides for 33% reservation for women in municipalities, thus, supersedes Article 371(A) paving the way for adequate representation of women in municipal bodies.

Source: Indian Express

Mains Question:

Q. Discuss the key challenges faced by the urban local bodies and suggest measures for the strengthening and efficient working of urban local governance. (250 words).