PILs & Cases

Kohima High Court Orders District Municipal Elections Within One Month With 33% Reservation For Women

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Since 1992, the Indian Constitution has required Municipal Councils to reserve 33% of seats for women. For 10 years, the State Government of Nagaland has violated this obligation to increase female representation. In 2006, the State Government finally added reservations for women into its Nagaland Municipal Act. However, even after including women’s reservations in their own law, the State allowed male council leaders to retain their seats and waited three years before allotting wards for women. In December 2009 the State Cabinet thwarted the democratic system and postponed the elections to avoid allowing the voters to elect women to their constitutionally reserved seats.

In face of the State’s commitment to inequality, HRLN filed a Public Interest Litigation in collaboration with the Nagaland Mothers Association (Writ Petition (Civil) 147 (K) of 2011). In October 2011, Hon’ble Justice A. K. Goswami issued a landmark judgment, ordering the State to hold elections in accordance with the reservations requirement on or before January 2012.

HRLN gets protection for a newly married girl harrased by her family for asserting her right to choice

In yet another case of a young girl being harrased by her family members for asserting her right to choice. In a case filed before the High Court of Delhi, the court orders Delhi Police for her protection.

The well educated girl who fled from Uttar Pradesh because her family was against her getting married to the person of her choice. She married this February against the wishes of her family, after which she and her partner were constantly threatened. The girl on false promise of social marriage was asked to return home . Her husband was later beaten by her brother and threatned to be implicated in false cases of kidnapping and abduction. The girl was also tortured and beaten up her family members. She was also verbally abused by the U.P. police once she returned home. The boy who is currently pursuing his studies abroad had to leave the country.

SEEMA LEPCHA vs STATE OF SIKKIM & ORS

HRLN intervenes to secure protection for newly married couple, Delhi High Court directs Delhi Police to safeguard the couple

04.01.2012/ Delhi

Incidents of harassment of young boys and girls for exercising their right to choice in marriage are quite routine in India. Boys generally face criminal cases against them for kidnapping the girls, while girls face humiliation and harassment by the parents and society, leaving the couple with no option except to elope or hide or sometime even committing suicide.

One such case of a couple from Uttar Pradesh (UP) who fled to Delhi was brought to the notice of HRLN Social Worker on 02.01.12 in the evening. Couple informed that both of them were adults and had married as they were in love and had to flee to Delhi as they were being harassed by parents of the girl and Uttar Pradesh Police. Couple informed that a FIR for kidnapping the girl was lodged in UP against the boy and his family and some police personnel were raiding places in Delhi to catch the boy and his family.

Cabinet Decision postponing Municipal & Local Councils Elections in Nagaland indefinitely, quashed and set aside by Gauhati High Court, Naga Women to avail one-third reservation

Kohima Bench of Gauhati High Court, in a historic Judgment, of far-reaching impact on the polity and governance of Nagaland, has quashed the decision of Nagaland Cabinet of postponing the elections in Municipal & Town councils indefinitely, Hon’ble Court observed that, “…Issue of reservation of seats for Women in Municipal Councils and Town Councils and the ongoing peace process in the State have, if at all, a tenuous link. There was no material before the Cabinet that if elections are held there will be break down of law and order in the State…”

Government of Nagaland by way of a cabinet decision on 16.12.2009 had postponed indefinitely the elections of Municipal / Town Councils due in January 2010 and had issued a notification dated 11.01.2011 dissolving existing Municipal Councils and Town Councils from their respective dates of expiry and appointed Executive Officers as Administrators in respect of dissolved Municipal/ Town Councils. Such cabinet decision not only hampered growth of democratic processes in local governance but also deprived women of Nagaland from availing one-third reservation in Municipal / local councils throughout Nagaland. Government of Nagaland justified its stand on the pretext of such elections having potential to create tensions and undesirable situation in the State and also on the pretext of several representations having been made to Government opposing one third reservations for women. Governmnet did so inspite of the fact that Article 243 T (3) of the Constitution of India and also Section 23 A of The Nagaland Municipal (First Amendment) Act 2006 clearly prescribes for reserving one third seats for women.