Through this column I would like to draw attention from the Nagaland Government and concern Law Interpreter (on behalf, if any) to answer/elaborate/interpret few questions concerning Municipal Act 2001/ Municipal Act 2006, (hereafter Municipal Act) which a layman like me and many as I belief do not have access or even if, may misinterpret and misunderstand.
As in my opinion, reading through the local dailies some NGOs and Tribal Organisations are randomly criticizing or opposing or supporting (as it appears) the Municipal Act, particularly 33% Women reservation.
Firstly I want to pen down my opinion; in exercising political democracy besides Divine democracy, I believe that ‘no one is supreme to other’ (by which I meant Equality to all) and that one cannot dictate or govern somebody’s life.
As published in local dailies “women in Naga society are not second to men’ point no.8, dated 22nd Nov.2016 by Abeiu Meru & Dr. Rosemary; had the women been consulted and deliberated on the issue pretending to 33% women reservation, the present hue and cry could have been avoided. I simply do not understand the fact that, 33% women reservation is all about women, then why in the guise of Naga customary law & Nagaland legislative assembly (unfortunately all men council and all men assembly) dictate and decide about women? Is this Equality?
Of course to safeguard its people, to formulate policies and govern the state affairs solely empowered the Government. At the same time there should be proper ‘Laws and Rules’ to officiate and implement the policies in the interest of the State and its People. For a policy without proper ‘Law & Rule’ will be like sowing seed in the bush or the seed that felt on the rock. At this point of time, in my opinion Nagas should not be protesting about the 33% reservation but its ‘rules & regulations’ should be scrutinise and thereafter its implementation.
Besides my opinion based questions above, here are the following questions:
1. What does ‘Taxes’ meant in Municipal Act? Does it infringe article 371A?
2. If the Act is imposed, will it render ‘Landless’ to the bonafide ‘Land owners’ in the near future?
3. Is reservation of seats for schedule castes applicable in Nagaland? Does Nagaland legislative assembly (NLA) have the power to amend or rectify, lest it’d be like promoting Schedule Castes in Nagaland.
4. At present, is article 243T (nullified by NLA 2012) applicable to Nagaland? If yes, please justify.
5. Why there was a complete U-turn from NLA 2012 decision?
6. Which one: NLA 2012 or Cabinet decision 2016 is superior?
7. As reported in the local dailies and question raise by tribal leaders in the Consultative meeting dated 16th Nov.2016; Government want to be economical and not willing to fight the case on ‘33% women reservation’ citing heavy legal expenditure whereas, in the case on ‘Lotha Hoho PIL’ determine to fight head to toe by hiring expensive lawyer. What is the difference in fighting 33% women reservation and Lotha Hoho PIL?
The esteemed wisdom of the Government to the above anticipated answers will be highly acknowledged and will be interpreted for future reference and justification.
