My ward in Thiruvananthapuram has no women reservation in the local body seats, is that legal under the state law?

Detailed Legal Analysis

The absence of women reservation in local body seats in your ward in Thiruvananthapuram is not legal under the provisions of the Indian Constitution and relevant state laws. According to Article 243D of the Constitution of India, provisions are made for the reservation of seats for women in every local body, including Panchayati Raj institutions.

Here are the key points regarding women’s reservation in local bodies in Kerala:

• Constitutional Provisions: Article 243D mandates that not less than one-third (including the seats reserved for the Scheduled Castes and Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women.
• Kerala Panchayat Raj Act, 1994: Under Section 10 of this Act, the state has implemented the reservation for women in local bodies, ensuring compliance with the constitutional mandate.
• State Government Policy: The Kerala government has further enhanced the reservation for women in local bodies, with 50% of the seats being reserved for women, as laid down in the Kerala Panchayat Raj (Amendment) Act, 2010.
• Local Self-Government Department Guidelines: The guidelines issued by the Kerala Local Self-Government Department reinforce the need for adhering to the reservation policy, emphasizing gender equality in political participation.

If your ward does not have the mandated reservation for women, it may be a violation of the constitutional and statutory provisions. The following steps can be considered to address this issue:

• Documentation: Gather relevant documents and evidence that demonstrate the absence of women reservation in your ward.
• Grievance Submission: Submit a formal complaint to the local self-government body or the relevant authorities, highlighting the lack of compliance with the reservation policy.
• Legal Recourse: If necessary, seek legal advice and consider filing a petition in the appropriate court to enforce your rights under the Indian Constitution.

In conclusion, the lack of women reservation in your local body seats is not in accordance with the law, and appropriate steps should be taken to rectify this situation in Thiruvananthapuram.