New Delhi, April 17 (). Women’s empowerment also comes through education and political participation, the Supreme Court said on Monday, while asking the Center to clarify whether Nagaland’s provision of one-third reservation for women in municipality and city council elections is constitutional. The plan can be violated.
A bench of Justices Sanjay Kishan Kaul and Arvind Kumar said that an era of male supremacy exists in every society, and if the political system fails to act, the judiciary needs to step in. It stressed that women’s empowerment also comes from education and political participation.
Emphasizing that it was an issue of women empowerment, the bench said that to avoid an undertaking given to it, a simple way has been adopted with regard to holding elections by repealing the Nagaland Municipal Act 2001. Earlier this month, the apex court stayed till further orders the March 30 notification canceling the ULB (Urban Local Body) elections in Nagaland, which were to be held on May 16.
The counsel for the state government cited apprehension of violence in the elections and emphasized that they want a consensus and find a solution to the matter at the earliest. The bench noted that ULB elections were not held for 18 years and asked whether elections should not be held because of the threat of violence.
The top court said it was an issue of women empowerment, though the counsel for the state government argued that the government was not against reservation. To this, the apex court said that the state does not want women’s quota and it is repeatedly raising one or the other issue to stall the elections.
Senior advocate Colin Gonsalves, representing the petitioners, submitted that the Municipal Act has been repealed. On this occasion, the bench asked the counsel for the Center that what is the stand of the Union of India? Additional Solicitor General KM Nataraj, representing the Centre, said the notice was issued to the Center to ensure that adequate central forces are sent to the state for the elections. The bench then remarked: You cannot let a part of the country escape the constitutional scheme.
The Nagaland government argued that several groups have called for a boycott of the elections and against this backdrop the very purpose of holding elections would be defeated. We think it is a matter of men and women, the bench told the counsel for the state government. How long will this section of the society (women) wait?
After hearing the detailed arguments, the apex court granted two weeks time to the Center to bring on record its response in the matter.
KC/SGK
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