Nagaland’s ULB Elections: Reconciling Customary Laws with Gender Justice

The Nagaland government’s announcement to conduct Urban Local Body (ULB) elections in June 2024, featuring a 33% reservation for women, marks the end of a two-decade-long political and legal stalemate. Since 2004, the state has struggled to implement the 74th Constitutional Amendment, which mandates democratic decentralization in urban areas. The primary hurdle was the perceived conflict between constitutional requirements and the special protections granted to Nagaland under Article 371A of the Indian Constitution.

Article 371A protects the religious and social practices of Nagas, including their customary laws and procedures. Historically, tribal bodies and traditional organizations argued that reserving seats for women in local governance infringed upon these customary laws, which traditionally excluded women from formal decision-making roles. This resistance led to the boycotting of previous election attempts and even violent protests in 2017, which resulted in the resignation of the then Chief Minister.

The breakthrough came with the passage of the Nagaland Municipal Act, 2023, which repealed the older contested legislation. This move signifies a maturing of the state’s democratic fabric, where gender equality is increasingly viewed as compatible with cultural identity. The Supreme Court of India played a crucial role, consistently pushing the state to fulfill its constitutional obligations regarding local self-governance and women's representation, emphasizing that customary laws cannot be used to deny fundamental rights.

Beyond gender justice, the resumption of ULB polls is vital for urban governance. In the absence of elected bodies, Nagaland’s towns have struggled with unplanned growth, inadequate waste management, and limited access to central funding tied to the existence of elected local governments. The upcoming elections are expected to empower a new generation of leaders and facilitate more inclusive urban development.