Unfortunate that protestors derailed democracy
The recent protest against the 33 per cent reservation for women in urban local bodies (UlBs) in Nagaland shows the agitators’ disregard for women’s rights under Article 243(T). Protesting tribal organisations like the Naga Hoho, the Eastern Nagaland People's Organisation, Angami Public Organisation, Kohima Village Council etc were highlighting that the Article went against the spirit of Naga customary laws (NCls). When the State Election Commission (SEC) decided to go ahead with the 33 per cent reservation by December last year, these organisations had issued an ultimatum to the Government for an immediate rollback of its order. But then, sensing the importance of the issue, the State Government should have taken precautionary measures to prevent any kind of violence. It is also ironical as to how the apex tribal bodies like the Naga Hoho are trying to link the reservation of women to NCls, saying it goes against the spirit of their traditional laws.
To these bodies, their community laws never ever advocate for discrimination towards women, and hence, reserving seats for them in the UlBs imply that women are at a disadvantageous position. The main argument among the protestors is that political parties, not the Government, should reserve 33 per cent of the seats for women. However, it is too late to realise that Article 243(T) is obsolete for a particular State like Nagaland and hence its people can have a separate system of reservation for women in the elections of UlBs. Therefore, the order of the SEC is in line with the constitutional provisions, and it does not violate any NCl. Simultaneously, many of these organisations are arguing that the Article 243(T) is in contradiction with Article 371(A), which protects the right to governance of the Nagas. If Article 371(A) protects the NCls, then nomination is the way to select people's representatives for all existing political offices in the State of Nagaland. This will take back the community to the ancient village republic system prescribed by our very own ancient texts. But the NCls nowhere clearly specifies the equality of men and women; instead, they offer the latter a venerable status in the Naga society. This is fine. It will help women play a decisive role in policymaking at the grassroots governance system of the State, as it is currently happening across the country.
Hence, the violence perpetrated in the name of stalling 33 per cent reservation for women by various tribal bodies, will not help either the community or the large number of women who wished to take part in the election of the UlBs. And, the three demands made by the Nagaland Tribe Action Committee to the Governor of Nagaland, such as the resignation of the Chief Minister and his Cabinet, declaration of the already-held UlB polls as null and void, and finally, the suspension of all ‘erring’ police officials involved in the death of two people who took part in the protest, are simply complicating an already vexatious issue. Of course, it is the duty of the State Government to find out who is responsible for the death of the two protestors, but the rest of the demands are simply outrageous. The protesting tribal bodies must make way for the women of Nagaland who wish to share the benefits of reservation in the UlBs.