In a significant development, the Supreme Court of India has expressed its dissatisfaction with the Nagaland government and the Centre for not implementing the constitutional provision of reservation for women in local bodies. The bench, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, questioned the Union government’s role in enforcing the constitutional provision, given that the same party, the Bharatiya Janata Party/National Democratic Alliance, is in power at both the state and central levels.
Justice Kaul said;
“Do not make us say Central government is hesitant. What role have you played where a Constitutional Provision is not being enforced? We cannot let you wash your hands off. In other cases, where you are not amenable with the State government you have acted … But here it is the same party (BJP) as the Central government. What is the Central government going to do now? We will not let you wash your hands off,”
The court’s remarks came after Additional Solicitor General (ASG) KM Nataraj stated that the Union government’s stand is that women’s reservation has to be implemented in the state. The court also highlighted that in India, laws often precede social reform, citing the example of how law ended polygamy among Hindus.
Justice Kaul said;
“In our country law comes before social change; law gives it the impetus. Do you think all Hindu men would otherwise easily agree to have one wife; would people give equal property share to daughters? Constitution provides for equality for all… We have to enforce the Constitution also. You said you will do it in undertaking, then backtracked. 14 years (pendency) is like a life sentence,”
The Supreme Court was hearing a case concerning the non-compliance with its earlier directions to hold local body polls in Nagaland after ensuring that 33 percent of the seats are reserved for women. The court gave one last opportunity to the Nagaland government to implement reservations for women in local bodies of the State. The Court observed in its order;
“The learned Advocate General for the nth time seeks time to speak to the relevant political dispensation to implement the Constitutional Provision … We may only say that whatever are the personal laws of Nagaland and given the special status of the State, these are not being touched in any manner. This is a State where education, economic and social status of women are among the best, that is why we cannot countenance why reservation for women cannot be implemented,”
The matter has been adjourned till September 28. The court’s decision underscores the importance of implementing constitutional provisions and upholding the principle of gender equality in all spheres of governance.