Gender war or contempt of court? Nagaland caught in a bind

The Nagaland government is finding itself in a precarious position, torn between the prospect of a gender war and facing contempt of court.

Even as the Supreme Court on Monday (April 17) took a serious note of the state’s decision to call off the May 16 civic elections, the Nagaland government will find it difficult to conduct them with mandatory 33 per cent reservation for women.

The biggest stumbling block in implementing the women reservation is the male-dominated community-based organisations in the tribal state. These powerful organisations are determined to deny Naga women the benefit of the one-third reservation in municipality and town council elections.

Following their pressure, the government went back on its earlier decision to hold the elections to the urban local bodies (ULB) on May 16. To put the elections on hold, the Nagaland Assembly repealed the Nagaland Municipal Act 2001 that made the provision for the implementation of the reservation in the civic bodies.

Civic body polls

The government had earlier given undertaking to the court to hold the civic body elections as per the constitutional provision of 33 per cent reservation for women.

The tribal bodies view the reservation for women as an infringement on the Naga customary practices protected under the Article 371 (A) of the Constitution. On this ground, they have been stonewalling the ULB elections for the past 18 years.

This time many of these organisations are not stopping at only stalling the elections. They even want “isolation” of an apex woman organisation for seeking reservation.

Also read: Nagaland women shine in all spheres, but find little space in politics

Naga women

At least five community-based organisations representing their respective tribes have disowned the Naga Mothers Association (NMA). Some of these organisations even asked the government to “disassociate” from the NMA, which has played an important role in establishing peace in the state and fighting against substance abuse.

The organisation was formed in 1984 by bringing all the women wings of the tribal bodies under one umbrella. It particularly caught the conscience of the people of the state in 1994m when it had launched a peacebuilding campaign with an evocative slogan “shed no more blood”.

The NMA’s push for women reservation has turned many male-dominated tribal organisations against it. The Angami Public Organisation, the Chakhesang Public Organisation, the Lotha Hoho, the Sumi Hoho, the Rengma Hoho and the Angami Youth Organisation (AYO) disassociated them from the NMA calling it an “unmandated” organisation.

Opposing Naga women

Three of these organisations even asked the government to follow the suit.

“The APO made it very clear to the state government and all concerns once and for all that the present NMA leaders were a bunch of people who elected themselves. They no longer enjoy the support and mandate of every Naga woman tribal body, hence they are a non-entity. They lack credibility…,” the apex body of the Angami tribe wrote in a letter addressed to the Nagaland chief secretary.

“The deliberate attempt by certain NMA members to dilute the customary laws and traditions of our people and flagrant disregard shown to the popular sentiments of the Nagas is becoming almost intolerable to digest to the extent that a permanent and unhealthy wedge of suspicion and mistrust is being sown between the two genders of the society,” the letter to the chief secretary said. It appealed to the government to distance itself from the NMA.

Also read: Nagaland poll results: Women break glass ceiling; NDPP-BJP inches closer to victory

The AYO is another organisation that has asked the government, organisations and forums to “desist from associating or give any kind of platform to the individuals who claim to represent the Naga Mothers’ Association”.

In the face of the charges, the NMA, in a letter to the governor, clarified that it has “no written record of tinkering and experimenting with the customary laws and traditions of our people. As women and mothers, we have great respect for the rich culture and traditions of Nagas and welcome any public policy that empowers women and protects women’s rights, which are for the good of everyone in the Naga society”.

Given the mood of the tribal bodies, it will be difficult for the Nagaland government to enforce the reservation.

Government dilemma

But if it doesn’t, it will face the wrath of the court.

“The ingenious method adopted to evade the undertaking given to this court has been the repeal of the Nagaland Municipality Act 2021 itself. There is hardly any hesitation on our part to note that what is sought to be done is in breach of the undertaking given to this court,” the top court observed on Monday.

Also read: Poll results aside, Nagaland awaits its true litmus test in gender parity

The court also dismissed the contention that the reservation violates the Naga customary practices.

“… 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.”

It gave the government two weeks’ time to “place their stand on record,” and listed the matter for next hearing on May 1.