However, the Madhesh-based regionalist parties opposed the draft in the CA. This in some way seems to be driven by the fear that the agenda of federalism—their tonic for survival—will be ignored once the constitution is promulgated. They suspect that in the name of the urgency of post-quake reconstruction, restructuring the state will be set aside.
The rigorous effort aimed at diverting the focus of the state is understandable. They have nothing to gain by prioritizing reconstruction. And they will have nothing to show as a substantial achievement of their politics if the issue of federalism is set aside. In other words, they will shrink further.The regionalist parties inside opposed the draft while activists outside burnt it in protest. It is obvious that Madheshi parties are trying to capitalize on the widespread anger among the female rights activists because of the clause on citizenship which has a discriminatory tone. But it's a great irony of politics that the clause itself has been forced upon by the Madhesh-based parties themselves for practical reasons. Now, riding on that sentiment of dissent, they are hoping to revive a base support in Tarai which they lost to the national parties in CA II election.
The issue is of citizenship for a foreigner spouse of a Nepali citizen. An article in the draft Constitution states that a foreigner woman married to a Nepali man immediately can get the citizenship of the country; provided she abandons the citizenship of her home country. However, when a foreigner man marries a Nepali woman, he qualifies for citizenship only after 15 years of legal stay in Nepal.
The initial proposal on this issue had a provision of seven years of compulsory legal stay for both the male and female foreigner spouse of a Nepali citizen to qualify for Nepali Citizenship. Given the number of marriages that take place across the border in the Tarai, this was seen to be causing a practical problem. Many of the daughter-in-laws in the Tarai would remain officially foreigners in the country they have been married to. This consideration gave rise to the idea of separate clauses for the brides and the grooms marrying in to Nepal.
There are two ways of dealing with the dissent. One is that it is simply ignored with the passive guiding philosophy that there are bound to be disagreements on the constitution in a country as diverse as Nepal. The major political parties which have signed the 16-point agreement command numbers in the CA enough to promulgate the constitution by due process. With this approach, the constitution may be promulgated soon, influenced by the streak of urgency brought by the earthquake.
The best of the arguments in favor of this improvised arrogance can be put forward banking on the political reality. The constitution today, at best, is a documentary evidence of the compromise the nation has to make to end the two decades long uncertainty and move forward in the path of a peaceful democratic evolution. Setting aside the cynic over-skepticism and ignoring the under the table 'give and take' of the political leaders, we can indeed see it as a positive start point and back its promulgation.
But if half the population perceives the founding document of future Nepal as an instrument intended to keep them subdued, it will be a battle won at the cost of the war.
Hence we come to the second approach. The issue has to be tackled as a battle of perceptions as with almost everything in politics. Politics is after all a perception-based industry. In this issue also, the perception manufacturing machinery, called the propaganda machine in less subtle terms, have tweaked their specifications to suit their political aim.
The clause definitely has a discriminatory tone. And the sooner it is corrected the better. But projecting it as an intentional mysogynist conspiracy is utterly criminal. It has to be seen as a nonsensical practical solution reached for a very sensitive problem.
The sensitivity of the matter draws out, not from the 'fear of the Indian Man' as some have put it, but from the hope, optimism and determination that given the right conditions, Nepal will become a better place for its citizens to live much faster than India can be to hers. Even after decades of turmoil the social indicators are better than India. These intangibles so vital for a nation to grow—simple patriotism, sense of purpose, optimism, determination and drive—is hard for some Machievellans to understand and accept. The difference thus lies in one's commitment towards the nation.
The nation needs a solution. Last thing the Nepali people from any part, class, caste or ethnicity want today is another conflict. The onus of providing a solution lies on the major political parties of today including the Tarai-based parties and the Monarchists. It will be an unfortunate waste if the parties give in to their petty interests at this crucial time. It will even be foolish to lose the battle of perception after almost reaching the seemingly insurmountable summit of consensus on major issues.
dinkar.nepal@yahoo.com
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