Poor implementation of Constitution fails Dalits

Nepal’s Constitution is progressive in many aspects. It mandates proportional and inclusive participation of women, indigenous ethnic groups, Madhesi, Dalits, and marginalized communities in state apparatuses. 

The preamble of the Constitution states, “To build an egalitarian society founded on the proportional inclusive and participatory principles in order to ensure economic equality, prosperity, and social justice, by eliminating discrimination based on class, caste, region, language, religion and gender and all forms of caste-based untouchability.”. 

However, stakeholders say that the lack of effective implementation of the country’s main law is their chief concern. They claim that marginalized classes and communities are still awaiting their adequate involvement in the executive (government), legislature (parliament), and judiciary (courts).

It is said the latest representation of the Dalit community in the government mirrors the implementation status, which is not satisfactory, of the provisions concerning proportional and inclusive representation.

Presently, the Cabinet has the participation of just one Dalit as the minister of state. The situation was the same in the previous government. 

In the current House of Representatives, there are 15 Dalit members towards the proportional representation and one is directly elected, totaling 16 members. This representation makes up just 5.81 percent. In the first election of the House of Representatives held in 2017 following the promulgation of the Constitution, the representation of the Dalit community was 6 percent. 

In the first 2008 Constituent Assembly (CA), the representation of Dalit community was 8.48 percent as they numbered  51, out of 601, and this number dropped to 41 to make up  6.82 percent in the 2013  CA. 

Hiralal Bishwakarma is the first minister to represent the Dalit community. He was appointed Assistant Minister for Education in 1974 and later served as the Minister of State for Education and the Assistant Minister for Supplies. 

The country could get just seven ministers from the Dalit community over a span of three decades. Hiralal Bishwakarma, Prakash Chitrakar, Lal Bahadur Bishwakarma, Hari Shankar Pariyar, Golchhe Sarki, Pratap Ram Lohar, and Man Bahadur Bishwakarma were those serving as either assistant or state minister. There were no full ministers representing the Dalit community till then. 

The interim government led by Girija Prasad Koirala that was formed on 25 April 2006,  following the Jana Andolan-II (People’s Movement-II) in 2006 inducted Khadga Bahadur Bishwakarma as Minister for Women, Children, and Social Welfare, and Chhabilal Bishwakarma as the Minister for Agriculture and Cooperatives. They were the first full ministers from this community in the country’s history.

Subsequently, Chhabilal Bishwakarma, Mahendra Paswan, Khadka Bahadur Bishwakarma, Bishendra Paswan, Daljit Shripaili, Meen Bahadur Bishwakarma, Jagat Bahadur Sunar Bishwakarma, and Maheshwar Jang Gahatraj became ministers. Similarly, after 2006, Naresh Kumar Bishwakarma, Jeet Bahadur Darji (Gautam), Khadga Bahadur Basyal, Kalawati Paswan, Dal Bahadur Sunar, Gopi Achhami, Ramani Ram, Dhanmaya BK, Karn Bahadur BK, Bimala BK, and Asha BK were appointed as state ministers.

This scenario is sufficient to say that the presence of Dalit community in the state has shrunken. Lawmakers from this community said it is disappointing to see a shrinking presence of their community in the state. 

Nepali Congress deputy general secretary Jeevan Pariyar underlined the need to increase the participation of Dalit community, according to their population ratio, in the executive, parliament and judiciary to ensure the effective implementation of the Constitution.  

Article 40 of the Constitution has guaranteed Dalit rights with the promise of their participation in all state bodies based on the principle of proportional inclusion. 

Similarly, the constitution guarantees a special provision as per the law for the empowerment, representation, and participation of the Dalit community in public service and other employment sectors.

Similarly, Article 41 (1) is about the right of the economically, socially, or educationally backward women, Dalit, Indigenous nationalities, Madhesi, Tharu, Muslims, backward classes, minorities, marginalized communities, persons with disabilities, gender and sexual minorities, farmers, laborers, oppressed or citizens of backward regions and indigent Khas Arya to participate in the State bodies on the basis of the principle of proportional inclusion. 

Article 76 (9) of the Constitution is about the constitution of the Council of Ministers comprising a maximum of twenty five Ministers including the Prime Minister, in accordance with the inclusive principle, from amongst the members of the Federal Parliament, but this has not been followed in the practice. 

Full implementation of Constitutional provisions to promote the presence of Dalit community in each organ is awaited, concludes Pariyar. 

Dalit women activists and General Secretary of the Feminist Dalit Organisation (FEDO), Renu Sijapati, sees the need to increase the quota for women from the Dalit community in reservations for women.  She argues that Dalit women should have been allotted a more specific quota in the Civil Service.

The Federal Civil Service Bill which is presently under consideration in the parliament reserves 27 percent quota for Khas Arya women, 25 percent for indigenous ethnic groups, 15 percent for Madhesi, 12 percent for Dalits, 6.6 percent for Tharu, four percent for Muslims, four percent for backward regions, and four percent for persons with disabilities. Previously, there were no separate reservations made for women in the Civil Service.

According to the Public Service Commission, the presence of Dalits in the civil service is 2.3 percent, in the police 9.46 percent, and in the army 8.18 percent.

Standing Committee member of the Nepal Communist Party (Maoist Center), Parshuram Ramtel, stresses the need to increase the reservation percentage for Dalits, given that the number is still significant compared to the population. 

It is warranted to implement the principle of proportional inclusion as stated in the Constitution at all levels, but the scenario is contravening, he stressed. “Thus, representation for Dalit communities, which have been marginalized economically, socially, culturally, and politically for centuries, must be increased in all the state bodies.”

Dhulikhel Hospital ward building built with India’s financial assistance inaugurated

Shri Avinash Kumar Singh, First Secretary, Embassy of India, Kathmandu inaugurated the ward building of Dhulikhel Hospital at Dhulikhel Municipality, Kavrepalanchowk, built with Government of India’s financial assistance at the total project cost of Rs 42.60 million under ‘Nepal-India Development Cooperation’.

Dhulikhel Municipality mayor, political representatives, government officials, representatives of the hospital management and social workers were also present on the occasion.

The Government of India grant under ‘Nepal-India Development Cooperation’ was utilized for the construction of ward building with other facilities for this hospital. The project was taken up as a High Impact Community Development Project (HICDP), under an Agreement between Government of India and Government of Nepal.

This project was implemented through Dhulikhel Municipality, Kavrepalanchowk. The project is an important example of the robust development partnership between India and Nepal.

Dhulikhel Municipality mayor, political representatives and executive director, administrative director, Dhulikhel Hospital in their remarks appreciated the continued developmental support of the Government of India in upliftment of the people of Nepal in priority sectors

The set-up of ward building will help provide quality infrastructure and improved environment for health care service to the people in Nepal.

Since 2003, the Government of India has taken up over 551 HICDPs in Nepal in various sectors and has completed 490 projects.

Amongst these, 106 projects are in Bagmati Province in various sectors, including     seven projects in Kavrepalanchowk.

In addition to these, the Government of India has gifted 1,009 ambulances and 300 school buses to various hospitals, health posts and educational institutions in Nepal. 

Amongst these, 236 ambulances and 98 school buses have been gifted in Bagmati Province, including eight school buses and 16 ambulances provided in Kavrepalanchowk District in which 1 Ambulance (Advanced Life Support) was also gifted to this  Hospital in January 2021 by GoI.

This Ambulance is serving in the first line of treatment and contributing significantly for emergency health care.

As close neighbors, India and Nepal share wide-ranging and multi-sectoral cooperation.                  

The implementation of HICDPs reflects the continued support of the Government of India in bolstering the efforts of the Government of Nepal in upliftment of its people, augmenting infrastructure in the field of priority sectors. 

 

Heavy rainfall likely to occur in four provinces

The Department of Hydrology and Meteorology has predicted cloudy weather and rainfall at different places of the country today as well.

There is an influence of monsoon wind across the country and the low-pressure line of the monsoon is around an average area.

According to the weather bulletin published by the Department, the weather is partly to fully cloudy in Koshi, Madhes and Bagmati Provinces and generally cloudy in the rest of the provinces.

Light to moderate rainfall is taking place at some places of Koshi, Bagmati, Gandaki, Lumbini, Karnali and Sudurpaschim Provinces.

The weather will be generally cloudy throughout the country today with chances of light to moderate rain accompanied by thunder and lightning at some places of Koshi, Madhes, Bagmati, Gandaki, Lumbini, Karnali and Sudurpaschim Provinces.

According to the Department, heavy rainfall is likely to occur at one or two places of Bagmati, Gandaki, Lumbini and Sudurpaschim Provinces. Similarly, light to moderate rainfall is likely to occur at a few places of Koshi, Bagmati, Gandaki, Lumbini and Sudurpaschim Provinces and heavy rainfall at one or two places of Koshi, Gandaki, Lumbini and Sudurpaschim Provinces tonight.

The Department has urged all the concerned to stay alert for safety.

Turkish Airlines plane overshoots at TIA

An aircraft belonging to the Turkish Airlines has overshot in course of its landing at Tribhuvan International Airport (TIA) in Kathmandu.

According to flight radar, the plane, which was scheduled to land at 6:10 am today, landed 20 minutes after overshoot.

The airport office said the aircraft overshot due to 'missed approach'.

According to an air traffic controller (ATC), the aircraft overshot after an 'unstable approach'.