The new constitution of Nepal was promulgated on the 20th September 2015, after nearly a decade of delays and political failures from those in charge. The Late Prime Minister, Sushil Koirala had managed to bring together the political leaders of Nepal. The constitution was agreed by five hundred and seven votes out of the six hundred and one members in the assembly. This as a result makes it one of the most agreed upon constitutions to be passed and implemented anywhere in the world.
However soon after the passing of the constitution it
was met with a damning statement from the Indian Government across the border,
with the stance being that it didn’t give enough rights to the minorities of
Indian origin settled in Nepal. This condemnation faced a backlash from the
Nepalese with “#BackOffIndia” trending on social media for several days against
the Indian Government. Furthermore, there were protests in the streets of London
when Prime Minister Modi visited Downing Street. They claimed that a Minister
who was responsible for the deaths of thousands during the 2002 Gujrat violence
when he was in charge should not lecture Nepal on human rights issues.
Within the week
of its passing there were riots in the Terai belt of Nepal, leading to the
deaths of forty police officers and protesters. The protesters were led by some
of the defaulting politicians arguing that since the constitution was rushed
through it would work against the already marginalised minorities as it was
dominated by those of the higher hill castes. However, this argument fails to
realise that Nepal had been working towards a Constitution for more than 10
years. Furthermore, it does not account for the reality on the ground,
primarily that the Terai now is a mixing pot of all castes and peoples.
For millions who have left the country in search of employment,
the constitution is a step in the right direction. It gives us hope that one
day we may be able to feed our families with the money earned within Nepal due
to the stability that the constitution provides and the opportunities which
present themselves because of the security it offers. However, I do not fall
into the fallacy of thinking I know the situation in Nepal, I can merely be a
commentator at best. But if the world’s newest constitutional parliament is to
bring about meaningful changes to the lives of ordinary people across all realms
in Nepal, it must be given the time to do so.
For many, the constitution provides the only fire of warmth
as the cold Nepali winter winds sweep in, across a country that was recently
savaged by what can only be described as the worst natural disaster to hit
Nepal in 80 years. It claimed the lives of thousands and its affects will be
felt for generations to come.
With the arrival of the constitution come rights for
previously discriminated groups within society, putting a spotlight on issues
which were previously un-discussed. For the first-time Nepal is taking strides
in equal rights for lesbian, gay, bisexual and the transgender community as
well as recognising the rights for the binary community. It is wholly inclusive
and is one of the only constitutions in the world to expressly include such a
provision. The provisions under Right to Equality clearly state that “no
discrimination shall be made against any citizen in the application of general
laws on grounds of religion, colour, caste, tribe, sex, sexual orientation, bodily
condition, disability, status of health, marital status, pregnancy, financial
status, origin, language or region, ideological conviction or any of these.” This
I would argue goes a long way to secure justice and fairness for all. It may be
the case that it is not yet perfect, however that can be easily amended later,
as the constitution allows.
However, what is worrying is that after the
constitution was passed a game for the political throne was played out, in
which the main contenders used the division created between those from the
hills and the flat plains to pursue their political goals. This technique of
divide and conquer has been used previously when the Maoists were in power and
many had thought that it would be left in the history books where it belonged.
Nepal is a script filled with many episodes of events
which have defined it, beginning with the creation of modern Nepal by the
founding father – King Prithivi Narayan Shah. He fought to gather a country
which was three times as large as it is today. A national language was born and
for the first time in what is now known as Nepal all the different states
worked towards the same goal.
This is the most recent chapter in that long and celebrated history and as such we should not fail to recognise why the recent
constitution is a pivotal step for any country. For a country with so much diversity
and richness in its history and culture it symbolises a way of looking forward
into the future. It is a way to put the dark chapters of the civil war, the assassination of the
monarchy, the earthquake to bed.
It is not a case of forgetting what has happened but accepting that there is
something to guide the country forward. The constitution of any country, be it
written or not symbolises the struggles of those people, yet it is also a
promise, a promise that every citizen will be respected, their wishes and
beliefs allowed to be practised but more importantly it promises the people a permanent home.
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