To
His Excellency,
Shri. Nikhil Kumar,
Governor of Nagaland.
Sub: - Memorandum.
Your Excellency,
Today , the 1st October 2012, has been declared a Black Day for Naga Women in the State of Nagaland, taking into serious consideration the highly objectionable gender discrimination and violation of our Constitutional Rights by the latest Resolution adopted and passed by the Nagaland Legislative Assembly against women reservation, on the 22nd September, 2012.
Naga Women are deeply aggrieved and shocked with the partisan stand of the sixty Legislators who have completely ignored the numerous representations of Tribal Women Organizations and the Joint Action Committee, on holding of the long overdue Municipal Elections with reservation for women, as well as protection of our constitutional rights guaranteed under Part IX A of the Constitution and the Nagaland Municipal First Amendment Act,2006 . The Reports of the Committee to scrutinize Parliamentary Laws applicable in Nagaland and the Select Committee to study exemption of Nagaland from Part IX A of the Indian Constitution is not tenable, as both the Committees have failed to state what customary law or social practice have been impinged or infringed upon. The two reports are vague, evasive and completely biased towards women and have proved beyond doubt the intention to discriminate and silence the opinions and rights of Naga women. Furthermore, the claim that Part IX A of the Indian Constitution goes against Article 371 (A) is false and unacceptable to Naga women.
Your Excellency, may we draw your attention to the fact that women constitute around half of the total population in the State of Nagaland. Further, in 1110 (one thousand one hundred and ten ) villages in Nagaland, there is ¼ of seats and funds, reserved for women as stipulated by the Village Development Model Rules, since 1980 . When at the village level, where customary and social practice is deeply entrenched by respective Village Councils, reservation for women in Village Development Management Committees has been implemented smoothly, without any resistance or reference to violation of customary law or social practice or even Article 371 A, till date, by either Village Councils, Tribal Hohos , Naga Hoho or the Eastern Naga Peoples Organization. Therefore, to claim that 33% reservation for women in Municipalities or Urban Governance infringes on social practice or customary law is absurd and any changes, as stated earlier through the JACWR ,is non negotiable. It must be noted that the Judgment & Order of the Division Bench, Gauhati High Court has already ,been challenged in the Supreme Court through a Special Leave Petition by Naga Women and the hearing is awaited.
As your Excellency is well aware, the Nagaland Municipal Act,2001, was scrutinised, amended and unanimously passed by the sixty Legislators of the State Assembly in 2006 during the earlier tenure of the same Minister for Urban Development. It is believed that these elected representatives of the people deemed it fit to respect Part IX A of the Indian Constitution which has granted special provisions for empowerment of women in urban decision making. However, six years later, in serious contravention of our Constitutional Rights , the sixty Legislators consisting of both the Ruling Government and the Opposition , have pushed Naga Women back into the dark ages instead of taking us forward , by the Resolution of exempting Nagaland from Part IX A of the Constitution , citing contravention of Article 371 A .
Therefore, as the Guardian of the Constitution and the Head of the State of Nagaland we demand for Your Excellency to condemn this Assembly Resolution and come out strongly against such violation of Human Rights and regressive action against women by the Legislators of the Nagaland Legislative Assembly. It is not only a black day for Naga women, but will go down in Naga history as the darkest side of State Violence against women. We further demand that Your Esteemed Office convene a Special extraordinary Session of the Nagaland Legislative Assembly to withdraw this Resolution, taking into confidence the demands of Naga women across the state and protect and safeguard the Constitutional Rights of Women in Nagaland, which cannot be revoked, at their whims and fancies. We firmly believe that Your Excellency will ensure that the State will respect mandatory International Conventions and provisions enshrined in the International Charter of Human Rights, Convention of Elimination of Discrimination against Women (CEDAW) and other mechanisms recognized for the empowerment of women , not only in the country, but throughout the world.
Yours faithfully,
Mrs.Abeiu Meru , Convenor, JACRW & President Naga Mothers’ Association.
Ms.Rosemary Dzuvichu, Member, JACWR & Advisor Naga Mothers’ Association.
Mrs.Menlei Konyak, Member, JACWR & President, Eastern Naga Women Organisation.
Mrs. Hokheli, Member, JACWR & President, Naga Women Hoho, Dimapur.
Mrs. Lily Tep, Member, JACWR & Executive Member Naga Women Hoho, Dimapur.
Ms. Vilanuo Angela Yhome, Member , JACWR & Secretary Tenynimi Women Organisation.
Mrs. Temsusola, Member ,JACWR & Convener Watsu Mongdang.
Mrs. Lochumbeni Humtsoe, Member ,JACWR & Secretary Naga Mothers’ Association.
