NMA objects to Nagaland assembly’s decision to repeal Nagaland Municipal Act 2001; suspects Govt’s intent, terms it as serious issue

Dzuvichu also said that the repealing of Nagaland Municipal Act will make an enormous impact if the Supreme Court accepts it. According to the NMA adviser, it was important to

Nagaland’s most prominent women group, the Naga Mothers Association has opposed the decision of the State Assembly to repeal the Nagaland Municipal Act 2001. The NMA objected to the fact that the government had taken the decision without any consultation with the civil society or in consultation with the women in the state.

Speaking to Northeast Live, NMA Adviser Rosemary Dzuvichu said that the government has made a mistake by not consulting the women society.

Dzuvichu was asked if the NMA suspects the intent of the government in repealing the Nagaland Municipal Act 2001 was to put as less women as is possible?

Dzuvichu replied, “Definitely. It is actually a whole struggle against patriarchy and we are looking at it from that point of view based on the discussions we had the other day. Because of the very fact that there has been strong objections in the last few weeks or months, once again against the women reservation which is just 33%. Certainly now the objection has been against the reserved post of Chairperson, 1/3rd of the Chairpersons as per the Municipal Act rules.

With the objections from the tribe Hohos, I think the state government has made a mistake in not listenning, nor consulting women groups and organisations and going ahead. All these selective interpretations of customs and practices and also trying to put Article 371 (A) as being an excuse, I think this will definitely have a far reaching dimension.”

Dzuvichu also responded to a query on whether the NMA would be bent on opposing the polls as and when the govt decides to hold without these corrections.

She said,”We will definitely support any election that is held in the municipality provided the 1/3rd reservation of wards as well as of Chairpersons is given. Because most people tend to forget, that actually these reservations of wards as well as chairpersons comes from 243 (T) of the Indian Constitution and it is not the Municipal Act alone. This actually comes from the Constitution, it is actually a Constitutional right of women now in India. And, therefore any re-drafted act will have to include again the issues that I have mentioned.”

Dzuvichu also said that the repealing of Nagaland Municipal Act will make an enormous impact if the Supreme Court accepts it. According to the NMA adviser, it was important to wait for the Supreme Court reaction before making any move. She said,”we need to remember that no matter what, repeal or passage of Bill has been done, the legislators themselves have forgotten that this actually a case pending in the SC and it is subjudice. Therefore the reaction of the SC is awaited.”

Rosemary Dzuvichu added,”There is actually no reason for the state assembly to think of repealling this Bill. And to again go back to the idea that if we need to redraft a Bill on our own, I think it has to go to the Parliament. It is a serious issue.”

Meanwhile, Dzuvichu while speaking about the NMA’s future course of action stated, “We have already sent the report and resolutions to various authorities. We will see how the state government proves itself as being a government of the people and when the Naga society itself has 60% who are women, whether women’s voices will matter in the course of actions, that is what we will be looking ahead.”

Besides, the NMA adviser also came down heavily on newly elected women MLAs to the Nagaland Legislative Assembly- Salhoutuonuo Kruse & Hekani Jakhalu, for allegedly failing to raise their voice against repealing of the Municipal Act.

Dzuvichu said,”They have brought us shame. we are very open about it. Women present in the meeting (March 29) were very critical of their silence. Even though they are minority in the assembly, we definitely expect them to raise concern as to why the Nagaland Municipal Act is important for the Naga women.”

It may be mentioned that the Nagaland State Election Commission has cancelled its March 9 notification regarding elections to the state’s three municipal and 36 town councils following the Nagaland Legislative Assembly’s decision to repeal the existing municipal law on March 28.

A fresh notification issued by the state election commissioner T Mhabemo Yanthan stated that in view of the total repeal of the Nagaland Municipal Act 2001 through the Nagaland Municipal Act (Repeal Act 2023) which has reference to the conduct of elections to the urban local bodies, the March 9 notification stands cancelled till further orders.

The Nagaland Legislative Assembly in pursuance of repealing the Nagaland Municipal Act 2001, in a statement had said,”The House has noted the stiff voices of opposition to the Urban Local Bodies Elections under the Nagaland Municipal Act, 2001 by the Tribal Bodies, Civil Society Organizations and every section of the society. The House has also taken note that the implementation of the Nagaland Municipal Act 2001 has always been fraught with much controversy due to the public perception that the Act runs contrary to the spirit of Article 371-A.

The House unanimously resolves on this day, the 28th March 2023, that the Nagaland Municipal Act 2001 be taken up for repeal in toto with immediate effect, and to govern the Urban Local Bodies, law be enacted expeditiously which will take into consideration once and for all the grievances of all the interested parties so that the elections could be conducted in accordance to law.”

Several civil organizations had expressed that they would not participate in the civic body elections unless the state government amends the Nagaland Municipal Act 2001 on assertions that the Act infringes Article 371 A of the Constitution of India which grants special privileges to Nagas.

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