TAKE ON CONSTITUTION OF NEPAL

Nepal now has the constitution; constitution written by the representatives of Nepalese people; in other words “A democratic constitution”. The existing Constituent Assembly (CA) is now officially converted into the parliament (legislative) of Nepal in fact the Federal Republic of Nepal. There has been a mixed opinion by experts, leaders, civil society members and various media houses. At this moment; some people are welcoming the new constitution with a celebration, and some still tag it as #Not my Constitution and few other neutral opinions are flooding. Amongst those, I have tried to get connected with few of my friends on social media who took their time to share their take (thought) on #NepalConstitution. I consider them as influencing personalities who are excelling the path they are taking. Most importantly, all of them are #youths (future of nation and partners for development). 

Let’s read their take on Constitution of Nepal (नेपालको संविधान २०७२). 
#NewConstitution which has come, is more representation of peoples voice as it has come out of the rigorous process of CA Election. However, there are still unsatisfied group whose agendas are yet to be addresses. If constitution would have come with acceptance of all, which is rare, where no force and defense would have been used by government, it that would brought more happiness.
Ashish Chaulagain – Educator and Spirituality Practitioner who is also involved in National and International Social organizations. 
I accept the new constitution because it has opened the pathway for development breaking all past political deadlocks. Though it has not incorporated voices of people from plain region, but nothing is perfect since its inception. And one must agree to the fact that the document is never final version. Things can be amended anytime based on its need and if it favors to build a better prosperous Nepal. The constitution is just a guideline that helps all sectors’ to work in smooth manner, binding them in a common rule of law and reminding that no one is above the constitution. #NepalConstitution  
Avinash Jha leads a unique parallel career as a community organizer and an engineer.
I understand constitution should include voice of every citizen of Nepal. But I don’t think it means, new constitution should not be formulated without satisfying each and every citizen of Nepal – it is not possible too. To make people’s representation on constitution we had elected representative through election process agreeing on democracy. And in democracy, majority should be appreciated in the decision making. Nepali people were expecting new constitution since long time and we all had fear sometime that we might never get constitution. And now, formation of new constitution ended that distress. We must understand, Constitution is not a fix fundamental principles, it can be amended in any requirement and strong desire of people through systematic process. Thus, now the one and only way for ‘Win-Win’ situation is through participating on dialogue and meeting for the amendment as demanded by disagreeing group. I wish this constitution will be able to include demands of each and every citizen of Nepal. #WelcomeNewConstitution
Nishchhal Kharal – Cofounder Secretary, Centre for Social Change

I welcome the new constitution as after long time people have realized the aspiration to write their own constitution. This is the first step towards realization of people’s dream. However I haven’t been able to cherish constitution whole heatedly because of unrest in the Plains. I believe that the Constitution should be able to cover the aspirations of marginalized people also. And government and parties should communicate the positive aspects of constitution to every citizen so that they can take the ownership. Instead of #WelcomeNewConstitution or #NotMyConstitution let’s #DebateConstitution and make it a bible of Nepal prosperity, one that is acceptable to all.

Amish Dhungel is pursuing his MBA from Jawaharlal Nehru Technological University, Andhra Pradesh, India


#NotMyConstitution, Madhesh is feeling betrayed by their leaders although they voted congress and UML heavily but their leaders are busy in Diwali and here in Terai situation is getting worse .Social harmony as at its edge communal riots can erupt any time. Leaders elected from Madhesh has stopped their communication with people here and Madhesi parties are benefiting it. Apart from that, state’s treatment like second class citizen is making Terai people disheartened. The continuous strikes and violence since last 35 days under where curfew became part of routine life, people shot dead considering their life as a cheap life. The top leaders are failure right now where no one has guts to celebrate their victory in Terai region. Let’s face the fact that Terai has been ignored, One lakh people on roads of Birgunj. We don’t have Lincoln, We don’t have Mandela….Still we can fight for our Rights. 
Remember the agendas are political and can be solved politically. #‎NotMyConstitution‬ again.
‬‬
Biswas Dwivedy – President at Youth for Change, Parsa, Nepal

‘We got it, I’m happy but I will be more if we sustain it well. Now it’s time to consider every groups of the country and let entire nation celebrate Deepawali’. For me this is too early to celebrate Deepawali when people are still dying in Terai. The situation cannot go ignored so it’s time for the leaders to consider the situation and find a way out. For me to get constitution is Happiness and for celebration we still need to wait few more days #NepalConstitution
 

Rakshya Ojha  – completed her masters in Sociology and is working in NNDSWO as an Adolescent Specialist for a Norwegian Project.


I am a person with disability. In today’s common word- I represent one of the most minority and disadvantaged group of the country. I myself am a victim of discrimination due disability many times. This constitution hasn’t ensured every disabilities rights we have been advocating for.
The case might be similar for Madhesis, Tharus, Janjatis and other “minorities” group.
But hey, all our association comes second and our country comes first. We as Nepalese, have so much achieved by this new constitution as a whole. This definitely is a step forward for all of us. And as per the issues which are not provisioned in this constitution and should have been: this is not the end of the world. We will keep advocating for our rights. As they say- we must be inside the system to change it. Today, I welcome new constitution by all my heart. We definitely can and will do better in coming days.
Happy Constitution!!
Sagar Prasai

आफ्ना लागि आफैंले संविधान बनाउने नेपाली जनताको ६५ वर्षदेखिको सपना पूरा भएको छ। यो युगीन दिनको साक्षी हाम्रो पुस्ता बन्न पाएको छ। यहि संविधानका लागि हामीले धेरै त्याग गरेका छौं, धेरैको रगत र जीवन बगेको छ। तर यो भन्दैमा यहि संविधान सबथोक भने होइन। सबैभन्दा ठूलो कुरा हाम्रो आफ्नै इमान्दारी र राष्ट्रप्रतिको जिम्मेदारी हो, किनभने संविधान अजिव कुरा हो, यसलाई सजिव बनाउने हामीले नै हो। हामी सबैका भाव यसले अझै समेटेको छैन होला, तर समेट्ने बाटो भने खोलेको छ। बधाई छ हामीलाई, स्वागत नयाँ संविधानलाई। संविधानसभालाई धन्यवाद र विदाई।
#WelcomeNewConstitution
Rupesh Shrestha – Media person / Trainer 


I look at this constitution from both ‘means’ perspective and ‘ends’ perspective. In other word, both ‘process’ of making this constitution and the constitution itself as a ‘product’ matter for me. As a process, I am very skeptical of the fact that this constitution was promulgated when there is clear-cut opposition from more than 50% of the population. I don’t understand why there is suddenly an urgency to declare the constitution while it has been prolonged for so long? What wrong it is to extend the time-frame by some time just in order to consider the grievnaces of the oppossing population. As a product, I don’t find this constitution much different from 2046’s constitution. For me this is a half-filled glass. on one hand, there are elites who have already half-filled glass in their hands and yet, they want their glasses filled. on the other hand, there is another group who have been deprived of the water for decades, and yet there is no guarantee that their thirst will be relinquished with such ‘partial’ form of relief. #NepalConstitution
Prabin Shrestha – A graduate in conflict, peace and development studies, TU.
I welcome new constitution because the country desperately needed a way out in the middle of current political impasse. However, not bringing madeshis and other protesting group to table is the most unfortunate move. Constitution on the verge of conflict is going to cost a lot to the country. I hope the leadership cater to this urgency as soon as possible. #NepalConstitution

Kanchan Kharel – Master’s in Development Studies (MdeVs) is a youth activist.


Well, it was a proud thing for us to get a constitution after such a long time. It is certainly a positive step towards development, and hopefully it doesn’t simply remain in papers but the challenge will be with the implementation of this new constitution. The constitution couldn’t make everyone happy, but at least, it is better than having nothing at all. #WelcomeNewConstitution

Mohit Rauniyar – Information Management Student

#NepalConstitution
The journey of thousand miles begins with the first step; with the promulgation of the New Constitution significant steps have been taken politically. Allowing every Nepali to voice their concerns within constitutional space is non-negotiable. And let’s face it: constitution is just a beginning and not an answer to everything; we have a long way to go. Constitution is mere framework, it is upon the citizenry to put it into practice and we should all work together to live up its ideals.
Sanjeev Dahal is an Erasmus Scholar pursuing European Masers in Social Work with Families and Children. 

I feel very happy that constitution has been drafted. I understand that many voices have been left unheard, many issues have been left unaddressed and many groups have been left unseen. I also belong to those unheard, unaddressed and unseen group. However, now, we have some base to talk about the difficulties and discuss about the possibilities. We have points to make amendments, we have gaps to fill and we have a goal to reach. It is definitely not the best constitution we can imagine. But it provides us the base to develop it into the finest one. #WelcomeNewConstitution
Asmita Dhital is a social work graduate and works as a Public Relation Officer in Up with People.
I am happy that the new constitution is drafted through the process of Constitution Assembly in Nepal. There are voices of concerns from different segments of society. These can be addressed and should be addressed through the process of amendments. I feel Leaders of major parties and government should talk to dissatisfied people on the ground level rather than only having negotiations with opposing parties. I just don’t want another constitution Assembly again. #NepalConstitution
Nabin Giri – Student of Masters in International Relation and Diplomacy
Pukar Bam shares the official stand of Bibeksheel Nepali Party and quotes the following statement;

विवेकशील नेपाली दल ‘नेपालको संविधान २०७२’ लाई स्वीकार गर्दछ । हामीलाई आशा छ, यसमा भविष्यमा हुने संशोधनले हाल थाँती राखिएका मुद्दाहरुलाई यथोचित सम्बोधन गर्नेछ । नयाँ संविधानको आरम्भसंगै राजनीतिक दलहरुले स्वच्छ राजनीतिक आचरणको आरम्भ गर्ने बेला भएको छ, ताकि संविधान प्रदत्त हक आम नागरिकले उपभोग गर्न सकून् र देशमा शान्ति, समानता, एकता र समृद्धि छाओस् । हामीलाई विश्वाश छ कि हामी सबै नेपाली मिलेर राष्ट्रप्रतिको आफ्नो दायित्व निर्वाह गरी नेपाललाई विश्वमाझ गरिमामय स्थानमा पुर्याउनेछौं । आजको यस ऐतिहासिक घडीमा स्वतन्त्रता प्राप्तिको लागि जीवन समर्पण गर्नु भएका सबै दिवंगत शहीदप्रति श्रद्धा अर्पण गर्दै हामी राष्ट्रको हितको निम्ति समर्पित रहिरहने प्रतिबद्धता दोहोर्याउँदछौं । #NepalConstitution
Pukar Bam – Founder Member of Bibeksheel Nepali Party

#WelcomeNewConstitution खुशी छ तर उल्लास होईन अपेक्षा छ तर बिश्वास होईन अबका दिनमा राजनिती गर्नेले फलामका चिउरा नै चपाउनु पर्ने छ। उहिले उहिलेका राजनितीज्ञले बिकास र परिवर्तनको आरोप पन्चायत, सशस्त्र बिद्रोह, संक्रमणकाललाई लगाई उन्मुक्ति पाए। अब राजनीति गर्नेले नयाँ अभ्यासलाई आरोप लगाई उन्मुक्ति खोज्ने लालसा नदेखाउन। धैर्य धेरै नै भएको छ। हामीलाई बिकास, परिवर्तन सहितको सकारात्मक र रचनात्मक राजनीतिज्ञ आवश्यक छ । प्रबिधिमा आएको परिवर्तनले झुट र लुटको राजनीति बिस्तारै कम हुने अपेक्षा छ। असहमति बिच पनि निकासका लागि नयाँ संविधानलाई पुर्ण अपनत्व सहित स्वागत छ ।
Dharma Raj Ghimire – Student of Social Work and Rural Development 

 
It is a great achievement that Nepal finally has its new constitution through democratic process which is a rare event observed in world politics itself. There were major feedback provided during drafting period which were not endorsed later which was off-putting. However, there is always room for improvement which I am sure will be implemented in future. #NepalConstitution
 
Pooja Lama, student of Masters in International Relations and Diplomacy
 
I was born in Rauthat and brought up In Janakpur. I hadn’t even that realized there existed something called the Madesh until I came to Kathmandu. The irony is that it was people from Madesh who first told me that I was a Madeshi and then the rest of this world did the same. I have no idea what does it signifies but later I encountered something that stuck me and made me think about that situation, when my 10 years old cousin brother answered me his village, district and zone and his reply to my last question Desh (country), his pronounced Madesh. If the mentality in the south is an issue now, the state also never showed their rightful presence there. I am as Nepali or even more out of my moral consciousness of being a Madeshi than others are. I’d rather follow my civic duty and stay quiet over my political statements. #NepalConstitution
I’m Shailendra Sah, a Madeshi precisely from Garuda, Rauthat, exploring all my limits to help Nepal struggle out of the least developed, dependent nation to the next better level and my Nepal includes Madesh too.
On September 20, after such an intricate struggle, Nepal finally got the much awaited constitution. The news instantly raised my serotonin. The moment to rejoice, but the celebration mood instantly faded away when a question struck me, “Has the constitution really considered my voice?” I, being a citizen of Nepal, cannot confer citizenship to my children independently of men whereas on the other hand, there are no such restrictions to men. They can confer citizenship to their children independently of women. Upon ending this, I would say it is good that constitution finally arrived, but it would have been better if it could incorporate female’s genuine concern as well. It failed to address those numbers years, protests, time, money a d efforts that have been invested for the constitution. #PartiallyMyConstitution
Samin Rijal is a social work graduate. 

Every time when I used to pass by CA Hall, my mind used to be struck by a word ‘constitution’. And this same process continued for 8 long years. Today, the constitution is finally promulgated. But should I be happy because we’ve got something we’ve been waiting for years or should I be sad because it is still unable to address the voices of a large population? Looking forward for the ‘amendments’. #NepalConstitution

Santosh Pandey is Executive Director at WE: The Changers, Youth Campaign Coordinator at We Inspire Nepal, Founder at Change Bhaktapur and student of Bachelor in Development Studies at National College.

Constitution needs to be a document that reflects the aspirations of all the people. Not just the ones in power or who have majority. #NepalConstitution
 

Subin Mulmi – completed his LLB from Kathmandu School of Law.

#NepalConstitution – Why will I prove my husband is Nepali if I opt for being single mother or if my husband/partner denies relationship with me? 

I am happy and I celebrated the declaration of constitution too but the constitution still not makes me the happiest. I personally feel the constitution is discriminative towards women. With long dispute and pressure over “and” – “or” in citizenship, the constitution has provision of conferring citizenship from both father and mother but that seems just an illusion as the following provisions of articles –still needs women to prove that her husband is Nepali citizen. And the question my consciousness is asking me is what about citizenship rights of children of single mother, trafficked women, migrant workers, victims of rape. In my opinion, the constitution is yet not progressive and is discriminative.
Shristy Dhakal is a graduate of Gender Studies and works at CWISH as Program Officer.
#NotMyConstitution coz marginalized peoples including Madhesis, women, indigenous and Dalits are treated as second class citizens. #NotMyConstitution because I can only see and hear the pain and cries of more than 40 shot dead protestors and more than 18000 peoples including Tharus and Magars in large numbers during the Maoist Insurgency. I only feel that the new constitution failed to address the issues of those who wanted it most and for whom the previous constitution of 2047 (BS) was dissolved with the abolition of monarchy. As once said in the last interview by the renowned intellectual, CK Lal, crown doesn’t exist but the chair of the King is still occupied by PEON. Reasons are overwhelming to discard this #KathmanduConstitution altogether. Therefore, #NotMyConstitution always that continues Brahmin Hegemony and male chauvinism.

Tashi Tewa Dolpo is a Researcher at Social Science Baha and a student of political science.

कपिल घिमिरे संविधान आएको कुरा आफ्नो कविता मार्फत यसरी प्रस्तुत गर्छन:

देश संघारमा धेर दुख्यो, 
सुनौलो बिहानीको किरण बोकेर आइ 
रगतको आलहरुमा बन्दुकको नाल समातेर आइ, 
उसको स्वागतमा मन डढेको गन्ध आयो,अनि आशाको उज्यालो देखिए 
कसैको नयनमा उसले बोकेको सुनौलो बिहानीको किरण मात्र देखिए 
कसैको नयनमा उसको पाउले कुल्चिएको रगतको टाटो मात्र देखिए 
दुखिरहेको देशलाई समृद्धिको बाटो देखाउन 
सुनौलो बिहानीको किरण बोकेर आइ 
रगतको आलहरुमा बन्दुकको नाल समातेर आइ, 
खुसीको खबर भाइभाइ जुधाउनेलाइ लोप्पा खुवाइ 
दुख्यो होला भाइको चित्त ,बुझाउन सकिन दाजुलाइ 
तैपनि आमा खुसी हुन्छे भनेर आइ 
सुनौलो बिहानीको किरण बोकेर आइ 

पुरै कविता पढ्नलाई यो link हेर्नुहोला #NepalConstitution

Kapil Ghimire consider himself as politically literate citizen of Nepal.

With this collection, I have tried to bring various opinion together. The statement (thought) will definitely try to enhance the culture of debate and interaction on various contemporary issues. I would like to thank all of them for taking their valuable time to respond my request. I expect the continuation of their vibrance and work. Keep talking about #Nepal.

Thank you for your take on नेपालको संविधान २०७२.

One thought on “TAKE ON CONSTITUTION OF NEPAL

  1. Elections are going to be unnecessarily expensive and complex, not to mention the sheer number of publicly elected representatives that people earning less than a dollar twenty-five are going to have to feed from their pockets, instead of their children, it doesn't look that bad; in fact it looks pretty progressive considering the actual level of consciousness of the general populace. Kudos!

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