Why Nagaland has erupted in violence over 33 per cent reservation for women

In Nagaland, there is only one "visible" opposition in state politics — the absence of women. The state Assembly of 60 seats has not seen a single woman MLA till date.

The lone person to represent Nagaland women in politics was the late Rano M Shaiza, who was the first and only (so far) woman MP from the state. She was elected to the LoK Sabha in 1977 during the post-Emergency Janata Dal era.

While a handful of women did try their luck in Assembly elections in the past, no one ever managed to break the state's highest glass ceiling.

This time around, when election to urban local bodies were scheduled in the state for February 1 (and for the first time, with 33 per cent reservation for women), violent protests and boycotts by tribal bodies erupted which have left two persons dead and several injured. The home ministry has rushed central forces to contain the situation.

So what triggered the protests?

It's a conflict between Naga customary laws and the constitutional provisions. Tribal bodies, led by the apex group, Naga Hoho, say 33 per cent reservation for women would infringe upon Naga customary laws.

So what are Naga customary laws and how do Indian constitutional provisions come in the way of Nagaland, which enjoys a special status — Article 371 (A)?

According to Article 371 (A), "no Act of Parliament shall apply to Nagaland in relation to religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to the Naga Customary law, ownership and transfer of land and its resources".

Then how did the quota question arise in Nagaland?

The otherwise much-powerful Naga Mothers' Association had moved the Supreme Court in 2012 for implementation of 33 per cent representation for women in the urban local bodies, much like most other states.

The SC ruled in the favour of the mothers in 2016, following which  the state cabinet gave a go-ahead to conduct the polls, which had not taken place in Nagaland for well past a decade and a half.

But going by the provisions of Article 371 (A) any law passed by Parliament or the Supreme Court directives are not binding to the state.

And that's where the root of conflict lies. Various tribal bodies, including the Naga Hoho, have called for a boycott to oppose 33 per cent reservation for women arguing that reservation (for women) would infringe on Naga customary laws and tradition as protected under Article 371(A) of the Constitution of India.

Simply put, it's is a  direct confrontation between articles 243 (D) — which gives 33 per cent reservation for women — and 371 (A), which gives special status to the Nagaland State based on distinct political and cultural structure.

Interestingly, Article 243 (M) gives exception to the reservation policy (spelt out under article 243 (D).

Chief minister TR Zeliang has come up with some interesting points. He says that 33 per cent reservation for women "doesn't infringe upon Naga customary laws because towns and municipalities are new concepts and have nothing to do with tradition and customary practices of the Nagas”.

Those opposing the elections obviously don't agree with him.

While there is still tension on the streets of the state, including capital Kohima (where an irate mob on February 2 set government offices on fire), it's difficult to say whether the chief minister will be able to calm down the protesters without postponing the now withheld elections for a much later date and sans the 33 per cent quota. 

Of course, the next time around, the women of the state won't be expected to have any reservations against the decision.

Also read: Quota for girls in IITs is a great move and desperately needed