Nepal's Constitution crisis: Why there is Protest against new Constitution?

Nepal is facing challenges while adopting its new constitution. Some of Nepalese are happy that the new republic has adopted its much-awaited document; on the other hand some are deeply unhappy with their logical reasons. At least 40 people have died in clashes linked to the constitution.

Brief history of new constitution?

The demand for a new constitution was raised by Maoists, who fought a 10-year civil war which ended with a 2006 peace deal. The Maoists won elections to a constituent assembly two years later, leading to the abolition of the 240-year-old monarchy. But because of quarrel over some trivial matters, the assembly failed to draw up a new constitution.

New assembly elected in 2013 is once again dominated by the Nepalese traditional parties. They and the Maoists, working together, pushed through the new draft charter in June, saying the disastrous earthquakes in April and May had concentrated their will to get it done.

Salient features of the new constitution

Ø The new constitution will formally take the country towards a federal structure from the existing unitary structure that remained rooted in the country for 240 years. 

Ø The preamble of the constitution also mentions people's competitive multi-party democratic system, civic freedom, fundamental rights, human rights, period election, voting rights, full press freedom, independent, fair and competent judiciary, building of a prosperous nation with the commitment to socialism based on rule of law, and democratic norms and values, and durable peace, good governance, development through the federal democratic republic. 

Ø In order to get the citizenship by decent, one needs to have father or mother Nepali at the time of his/her birth.  

Ø Protection of the age old religions and culture, secularism with freedom to adopt any religion are other salient features of the constitution. 

Ø The executive rights of the country shall vest on the Council of Ministers while the President would be ceremonial head-of-the-state.  

Ø Similarly, a bi-cameral federal parliament, a constitutional bench in the Supreme Court, and formation of constitutional commissions on national natural resources and finance, on national inclusion, on indigenous nationalities, on Madhesi, on Tharu and on Muslim are other features of the new constitution that is finally coming after two CA elections and almost a decade of constitution drafting process. 

Ø The new document has drawn up provisional boundaries for seven states but their names are to be decided by their eventual assemblies and a commission has yet to fix their final boundaries. Nepali society has become deeply polarized on whether the states should be ethnically delineated.

Who is unhappy?

Many members of traditionally marginalized groups fear that the constitution will still work against them as it's been rushed through by established parties which - including the Maoists - are dominated by high-caste, mostly male, leaders.

One grievance is that a smaller percentage of parliaments will now be elected by proportional representation - 45%, compared with 58% under the previous post-war interim constitution. The proportional representation system has helped more members of indigenous and low-caste groups, historically repressed and marginalized, get elected.

Some ethnic communities are unhappy at the proposed boundaries of the new provinces, although these may be subject to change. This concern has been especially intense in the Terai region, bordering India.

In the western Terai Tharus, are unhappy at the prospect of being split in two and forced to share their provinces with hill districts that they fear will predominate.

Women's groups and campaigners on women's issues say the new constitution discriminates against Nepalese women in what is already a patriarchal society. Under the new constitution it will be difficult for a single mother to pass her citizenship to her child.

And if a Nepali woman marries a foreign man, their children cannot become Nepali unless the man first takes Nepali citizenship; whereas if the father is Nepali, his children can also be Nepali regardless of the wife's nationality.

Madhesi communities, have fear about new citizenship measures will disproportionately affect them because there are many cross-border marriages.

Constitution adopted secularism - although it is a moderate secularism, which says the state is responsible for protecting ancient religious practices, and also makes the cow, the national animal.

And some of those who fought for the Maoists, or supported their aims in their guerrilla war, now accuse betrayal and wonder why the war was fought.

Who is happy?

Many of Nepalese are simply relieved that the country has a new constitution after seven years of wrangling

Some see the document as progressive as it provides for quotas for some groups, including women, indigenous communities and low-caste Dalits, in serving on constitutional bodies.

One notable social group praising the new document is the Blue Diamond Society, which has successfully campaigned for rights of sexual minorities including transgender, gay, lesbian and bisexual people.

What is the future?

Some have fear this constitution is not the way forward and may spur further violence.

Many leaders have alleged that the big parties have tried to crush the minority groups and pushed the nation into chaos. Many are saying that they have achieved a republican nation that they have aspired for decades.

The Maoists' leader, Pushpa Kamal Dahal, called the adoption of the constitution "a victory of the dreams of the thousands of martyrs and disappeared fighters".

 Any nation who is in the process of transformation usually faces these initial conflicts but at last this has to be settled by their own people. Time should be given to Nepal to settle down it political and regional aspiration so that every Nepalese can breathe in fresh, sovereign and their constitutional air.