Yesterday, the Supreme Court of India slammed the Centre and Nagaland government for not implementing reservation for women in local bodies.
A division bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed that law precedes social change in the country, and they are impacting several matters including marriage and property rights.
"In our country, law comes before social change; law gives it the impetus. Do you think all Hindu men would otherwise easily agree to have one wife; would people give equal property share to daughters? Constitution provides for equality for all... We have to enforce the Constitution also. You said you will do it in undertaking, then backtracked. 14 years (pendency) is like a life sentence,” Justice Sanjay Kishan Kaul.
In the said matter, the Court was hearing a plea for the delay of its earlier directions to hold local body elections in Nagaland and giving 33% of the seats reserved to women.
The Supreme Court asked the Centre why it was not "doing more" to ensure the implementation of the constitutional provision of reservation in the local body polls for tribal women in Nagaland.
The top court said it would not let the Centre "wash its hand off the matter".
"Do not make us say the Central government is hesitant. What role have you played where a Constitutional Provision is not being enforced? We cannot let you wash your hands off. In other cases, where you are not amenable with the State government you have acted ... But here it is the same party (BJP) as the Central government. What is the Central government going to do now? We will not let you wash your hands off,” Justice Kaul added.
Further, the bench questioned Advocate General KN Balgopal, appearing for the state of Nagaland on whether the State could argue that reservations for women did not apply to tribal areas.
"Where is it written women cannot have a say? Where in customary law does it say women cannot participate? Reservation will only ensure minimum participation,” Justice Kaul stressed.
"Nagaland is a state where the education, economic and social status of women is among the best. That is why we cannot countenance why reservation for women cannot be implemented," he further noted.
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