http://peoplesdemocracy.in/2015/0927_pd/nepal-constitution-historic-step

Vol. XXXIX No. 38
September 27, 2015

THE adoption of a federal, democratic and secular Constitution in
Nepal is a historic occasion. The protracted struggle of the Nepalese
people against feudal authoritarianism and for democracy has
culminated in the establishment of a federal, democratic and secular
State. Eight years after the interim Constitution, after a tortuous
political process, the Constituent Assembly voted overwhelmingly (507
out of 601) to approve the Constitution. We congratulate the people of
Nepal, the three major political parties – the Nepali Congress, the
CPN(UML) and the UCPN(M) – and all democratic forces for this
significant achievement.

India should have been the first to welcome the adoption of the
Constitution. Instead, the Modi government has adopted a negative
attitude and an unwarranted interventionist stance. Two days after the
adoption of the Constitution in the Constituent assembly, the Modi
government sent Foreign Secretary Jaishankar to Kathmandu to meet the
president and the prime minister and leaders of major political
parties in an attempt to stall the formal proclamation of the
Constitution which took place on September 20. The plea made for this
blatant interference in Nepal’s sovereign matters is that that
Constitution was not inclusive enough and there was serious unrest
among the Madhesi people. After the formal promulgation of the
Constitution, the Indian foreign ministry issued a statement
expressing concern at the protests and violence and just “noted” the
adoption of the Constitution. This was followed by two statements on
successive days expressing concern about the situation in the Terai
region and calling upon the Nepalese government to take the Madhesi
people’s concern on board as far as the Constitution is concerned. The
Indian Ambassador was also recalled for consultations.

There has often been a big brother attitude to Nepal on the part of
the Indian ruling establishment. This has however been taken to new
heights now with the callous disregard shown to Nepal’s sovereign
right to formulate the country’s Constitution as per their own
democratic process.

The Constitution has enunciated fundamental rights of citizens which
are more wide-ranging than those provided in the Indian Constitution.
The electoral system has provision for proportional representation for
45 percent of the seats in the House of Representatives. Quotas are
provided for women, dalits, Madeshis and janjatis in various
constitutional bodies. There are seven provinces and three levels of
government – the federal, provincial and local. There are many
features of the Constitution which represent an advance over existing
democratic Constitutions in South Asia, though there may be some
shortcomings too.

One of the clauses in the draft constitution which was opposed
vehemently by some sections in Nepal was the definition of Nepal State
as secular. The pro-monarchy Rashtriya Prajatantra Party and various
other Hindutva outfits organised protests throughout the country
demanding that Nepal be declared a Hindu State. The Constituent
Assembly rejected this demand overwhelmingly. The RSS and all the
Hindutva forces in India campaigned, supported and propped up the
forces within Nepal who wanted a Hindu Rashtra. BJP MP Avaidyanath had
written to the president of Nepal and the chairman of the Constituent
Assembly calling for Nepal to be declared a Hindu Rashtra. Earlier,
Rajnath Singh, the union home minister, as a BJP leader had visited
Nepal to attend the funeral of then Prime Minister GP Koirala in March
2010. On that occasion he had said “We used to feel proud that Nepal
was the only Hindu kingdom in the world. I will be happy when Nepal is
a Hindu state again.” (IANS, March 22, 2010). The Hindutva
organisations from India sent their sadhus and leaders to participate
in the campaign for a Hindu Rashtra in Nepal.

The rejection of the demand for a Hindu State and the assertion that
Nepal will be a secular republic has outraged the Hindutva forces in
India. The BJP shares this anger, though it cannot display it openly.
This has probably contributed to the negative stance taken by the Modi
government.

The Madhesi people who constitute 50 percent of the population of
Nepal may have legitimate grievances. But the Modi government’s open
stance advocating their cause cannot but be construed as an
interference in the internal affairs of a neighbouring country. The
Modi government’s stance of tacit support to the Madhesi agitation is
also motivated by the Bihar assembly elections where a large number of
people in the border districts are linked to the Madhesi people across
the border. Such narrow political considerations are also at play in
harming relations with Nepal. The government and the political
leadership in Nepal will have to consider how to accommodate the
aspirations of the Madhesi people. Constitutions are not rigid static
documents and changes can be made through the democratic process.

The Modi government’s arrogant intervention has only vitiated the good
neighbourly relations between the two countries. It will also send a
cautionary message to all other countries in South Asia to be wary of
India’s big brotherly attitude.

(September 23, 2015)

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Peace Is Doable

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