In late January and early February 2017, Naga tribal bodies rose against the T.R. Zeliang government's decision to hold urban local body (ULB) elections with 33% of seats reserved for women. Two young men were killed in police firing in Dimapur on the night of 31 January, and on 2 February crowds in Kohima set fire to the Kohima Municipal Council building and other government offices. The polls were declared null and void and Zeliang resigned on 19 February. After years of Supreme Court pressure, Nagaland finally held civic polls with the women's quota on 26 June 2024.
Background: a quota in law but no elections
Municipal elections were first held in Nagaland in 2004, and the councils' terms ended in 2009-10 IANS via Morung Express. In 2006 the state amended the Nagaland Municipal Act 2001 to reserve 33% of seats for women, as Article 243T of the Constitution requires. In December 2009 the Neiphiu Rio government postponed the polls indefinitely Newslaundry.
Article 371A says no Act of Parliament on Naga religious or social practices, customary law, or ownership and transfer of land applies to Nagaland unless the Assembly decides so by resolution Down To Earth. Under pressure from tribal bodies, the Assembly resolved on 22 September 2012 to exempt Nagaland from Article 243T The Wire Morung Express.
The women's court case
In June 2011 the Naga Mothers' Association (NMA), through members Rosemary Dzuvichu and Abeiu Meru, petitioned the Gauhati High Court to hold the elections. A single judge of the Kohima bench ruled in their favour that year, finding the state's reasons "flimsy and baseless". The state cited violence that stopped a 2011 poll attempt in Mokokchung. A division bench set aside the ruling on 31 July 2012 Down To Earth.
The women, organised as the Joint Action Committee on Women Reservation (JACWR), appealed to the Supreme Court. In April 2016 the court stayed the division bench order and "revived" the 2011 ruling. The single judge had said the quota and the peace process had, "if at all, a tenuous link" Morung Express Down To Earth. The Zeliang cabinet decided on 10 August 2016 to hold the polls in line with an interim Supreme Court order The Wire. The State Election Commission announced elections to 32 municipal and town councils on 21 December 2016 PTI via Millennium Post.
The three positions
Government's position Zeliang said the state was "constitutionally bound" to hold the elections under the Nagaland Municipal Act 2001, which incorporated Article 243T. On 29 January 2017 he said: "Bandh or no bandh by Naga tribal organisations, the government will go ahead with holding the the elections to ULBs" PTI via Business Standard. Earlier he had called it a "bold decision" under "our own Act", adding that without municipal councils the state could not get 14th Finance Commission grants Morung Express.
Claim · Tribal bodies The JCC, an umbrella of apex tribal bodies, said the quota "infringes the special provision guaranteed to the Naga people under Article 371(A)" PTI via Business Standard. Naga Hoho president Chuba Ozukum told The Wire the quota "doesn't go with the special rules that the Naga society follows" The Wire. Down To Earth quoted Naga Hoho leader Kezile Tuo as saying the body opposed "rotational reservation" of seats, not reservation as such. Some opponents also objected to taxes on land that, though urban, remains under village councils Down To Earth Newslaundry.
Claim · Women's groups NMA adviser Rosemary Dzuvichu said Article 371A "has nothing to do with" women's reservation, noting that village development boards already had 25% reservation for women: "how will a municipal election upset the peace process?" Newslaundry. Eastern Naga Women Organisation president Birila Tonkiu asked: "If Naga men can enjoy rights, why not Naga women?" Morung Express.
Timeline of the crisis
Bandh and nominations blocked
A JCC statewide bandh stopped candidates filing nominations in Kohima, Mokokchung and Tuensang. Mobile data services were snapped PTI.
Church-brokered deal
At a meeting brokered by the Baptist church council, the government and the JCC agreed to postpone the polls by two months Newslaundry IANS via Assam Tribune.
Women file to withdraw
The NMA says the two petitioners filed to withdraw their Supreme Court appeal on 30 January "in the interest of peace in the society" Morung Express.
High Court order, U-turn
The Gauhati High Court directed the state to constitute the councils with 33% reservation and protect candidates and voters. The government went back on the deal IANS.
Firing in Dimapur
Hundreds armed with spears and machetes marched to Zeliang's private residence. Two people were killed and nearly a dozen injured. Curfew was imposed in Dimapur. In Longleng, seven were reported injured in police firing outside the district magistrate's office IANS.
Polls in 12 towns
Voting went ahead in 12 towns despite a shutdown call IANS.
Kohima burns
The NTAC set a 4 pm deadline for the cabinet to resign. Zeliang declared the poll process null and void and transferred Dimapur's police commissioner and deputy commissioner of police, but the crowd turned violent. They vandalised the State Election Commission and Deputy Commissioner's office and set fire to the Kohima Municipal Council building and the transport and excise offices PTI via Millennium Post. The Kohima Press Club and a local Intelligence Bureau office were also burned Newslaundry.
Governor voids the polls
The State Election Commission formally declared the entire election process null and void after the Governor's assent PTI via Millennium Post.
Zeliang resigns
Zeliang handed his resignation to Governor P.B. Acharya on the evening of 19 February The Wire. Naga People's Front president Shurhozelie Liezietsu was sworn in on 22 February IANS via Morung Express.
Most reports date the deaths to the night of 31 January; Newslaundry gives 1 February and Down To Earth 2 February Newslaundry Down To Earth.
Both accounts of the Dimapur firing
Protesters' account
The NTAC accused the Zeliang government of "turning against its own people" The Wire. The JCC and NTAC demanded the suspension of former Dimapur police commissioner Liremo Lotha and the IRB personnel involved, and the families said the two had "sacrificed themselves for Naga unity and oneness" Morung Express.
Police and government account
Nagaland police chief L.L. Doungel said: "The police resorted to firing to disperse the agitating crowd after the protesters attempted to storm the Chief Minister's residence" IANS. The government transferred the two Dimapur officers "to facilitate an impartial inquiry" PTI via Millennium Post, but did not suspend them PTI via Deccan Herald.
On 8 February the Home Department set up a one-man judicial inquiry under retired judge L.N. Sema into the deaths of Khriesavizo Metha and Bendangnungsang Longkumer Morung Express. After the JCC rejected it, a three-member commission under Sema was formed. Its term was extended to July 2018 Morung Express. No published findings were found in the reporting reviewed.
Women's groups under pressure
Dzuvichu told Newslaundry that she and NMA president Abieu Meru had "come under great pressure" and withdrawn their petition Newslaundry. On 5 February the NMA said it would not be dissolved "on the direction of outside forces" after several tribe-based women's groups were pressured to leave it. It said women had stood "for reservation and democratic election and not nomination", which had been offered to them. The JACWR was dissolved on 1 February Morung Express.
Outcome in 2017
- Deaths: Two, in the Dimapur firing.
- Property: Kohima Municipal Council building and several government offices set on fire on 2 February.
- Polls: Declared null and void on 9 February.
- Police: Two Dimapur officers transferred, not suspended.
- Inquiry: Judicial inquiry set up; findings not found in public reporting.
- Politics: Zeliang resigned on 19 February. The state also sought a central ordinance to exempt it from Part IX-A of the Constitution Millennium Post, citing PTI.
The 2023 Supreme Court push
The appeal stayed alive. In March 2022, Naga groups agreed that the polls should be held with the quota PTI via Deccan Herald. On 14 March 2023 the court recorded that polls would be held on 16 May. Instead the Assembly repealed the 2001 Act, and on 30 March the State Election Commission cancelled the polls "till further orders" PTI via Eastern Mirror. The NMA objected that this was done "without any civil dialogue or consultation with women" PTI via Deccan Herald.
On 5 April 2023 the court stayed the cancellation. On 17 April Justices S.K. Kaul and Aravind Kumar called the repeal an "ingenious method" to evade the state's undertaking PTI via EastMojo. The bench said:
You seem to say this is not a men and women issue but to us it appears to be a men and women issue. For how long will this section of society (women) wait?
Supreme Court bench, 17 April 2023 (PTI via EastMojo)
The state's counsel cited boycott calls and fears of violence. On 25 July 2023 the court also criticised the Centre. It gave "one last of the last opportunity" and said Nagaland's customary laws and Article 371A "are not being touched in any manner" PTI via EastMojo.
The 2023 municipal law
On 9 November 2023 the Assembly passed the Nagaland Municipal Bill 2023 by voice vote, with 33% reservation for women. Chief Minister Neiphiu Rio said provisions on taxes on land and buildings were excluded and the women's quota was kept "as directed by the Supreme Court". The earlier one-third reservation of chairperson posts for women was dropped. A 1 September consultation with tribal hohos had backed a new bill IANS via Morung Express. The select committee was convened by T.R. Zeliang, by then deputy chief minister Eastern Mirror.
The June 2024 elections
Polls were held on 26 June 2024 with ballot papers, and turnout was about 80% PTI via Tribune. Of 418 wards, 142 were reserved for women. PTI put the electorate in the 10 voting districts at over 2.23 lakh, while IANS gave 2,76,229 including the eastern districts IANS via Morung Express. No one voted in six eastern districts after the Eastern Nagaland People's Organisation called for abstention over its Frontier Nagaland Territory demand. It said this was not opposition to the women's quota IANS via Morung Express.
Of 198 women candidates, 102 won, including eight from unreserved wards, per the State Election Commission. The NDPP won 153 seats All India Radio Outlook. State Election Commissioner T. John Longkumer said: "Naga women, this was your election" Outlook, citing HT. A chief secretary's affidavit said 103. On 23 July 2024 Justices Surya Kant and Ujjal Bhuyan, as reported by Bar and Bench, called the polls "very commendable" and closed the 2012 case as infructuous Morung Express.
Where things stand
Nagaland's councils now have elected women members. The eastern districts' town councils did not vote in 2024 Morung Express, and no later poll there was found. Chairperson posts are not reserved for women. The findings of the inquiry into the 2017 Dimapur firing have not been reported in the sources reviewed.
Questions people ask
Why did Nagaland protest against women's reservation in 2017?
Tribal bodies said reserving 33% of urban local body seats for women infringed Article 371A, which protects Naga customary law and practices. Some also objected to municipal taxes on land. Women's groups said the quota had nothing to do with Article 371A.
What happened in Dimapur on 31 January 2017?
A crowd marched to Chief Minister T.R. Zeliang's private residence. Police said they fired after protesters tried to storm it. Two youths, Khriesavizo Metha and Bendangnungsang Longkumer, were killed.
When did Nagaland hold civic polls with the women's quota?
On 26 June 2024, under the Nagaland Municipal Act 2023. Women won 102 seats, including eight unreserved ones, per the State Election Commission.
Sources
- Newslaundry: Nagaland protests: it's more than patriarchy, 10 Feb 2017
- IANS via Assam Tribune: Two killed in clashes between Nagaland Police, public, 1 Feb 2017
- PTI via Business Standard: Nagaland ULB polls: Zeliang urges tribal orgs to withdraw, 29 Jan 2017
- PTI via Millennium Post: Angry over ULB polls, mobs go on rampage in Kohima, 3 Feb 2017
- Millennium Post: Backing down (editorial), 7 Feb 2017
- PTI via Millennium Post: Nagaland Guv declares ULB polls null and void, 9 Feb 2017
- Morung Express: NMA will continue work as 'Voice for the Voiceless', 5 Feb 2017
- Morung Express: One man JIC constituted to probe Jan 31 violence, 8 Feb 2017
- Down To Earth: Nagaland tribal bodies are protesting reservation for women in local bodies, Feb 2017
- The Wire: After weeks of uncertainty, Shurhozelie Liezietsu to take over as Nagaland CM, 20 Feb 2017
- PTI via Deccan Herald: Nagaland CM Zeliang resigns, new leader to be chosen today, 19 Feb 2017
- IANS via Morung Express: Shurhozelie sworn in as Nagaland Chief Minister, 22 Feb 2017
- Morung Express: Will not rest till all demands are met: JCC/NTAC, 26 Feb 2017
- Morung Express: Term of JIC probing ULB violence extended again, May 2018
- Morung Express: Decision to hold ULB election as per our own Act, CM says, Oct 2016
- Morung Express: SC favours JACWR on implementation of reservation, Apr 2016
- Down To Earth: Naga women approach Supreme Court for reservation of seats in local bodies, 29 Jan 2013
- PTI via Deccan Herald: Women's organisations protest against decision to call off civic polls, 31 Mar 2023
- PTI via Eastern Mirror: SC stays cancellation of ULB election in state, 7 Apr 2023
- PTI via EastMojo: SC asks Centre to explain if constitutional scheme can be violated, 17 Apr 2023
- PTI via EastMojo: Centre reluctant to implement women quota in Nagaland: SC, 26 Jul 2023
- Eastern Mirror: Reservation for women chairpersons in ULBs unlikely, 3 Nov 2023
- IANS via Morung Express: Nagaland Assembly passes Municipal Bill with 33% reservation for women, 9 Nov 2023
- IANS via Morung Express: ENPO to abstain from Nagaland urban local bodies' elections too, 16 May 2024
- IANS via Morung Express: Amid vote boycott call, historic Nagaland civic polls record over 80 pc turnout, 26 Jun 2024
- PTI via Tribune: Nagaland civic body polls take place after 20 years, 27 Jun 2024
- All India Radio: Ruling NDPP makes a resounding victory in Nagaland's ULB elections, 30 Jun 2024
- Outlook: Nagaland elects 102 women in historic civic body polls, 30 Jun 2024
- Morung Express: Women reservation: SC closes proceedings against State of Nagaland, 23 Jul 2024
- Morung Express: Nagaland 2024: strides in inclusion but shackled by lingering issues, 30 Dec 2024