Most residents in the Nepalese side of the Nepal-India border expressed similar concerns about the provisions on citizenship in the draft constitution.Cross-border marriage is common in bordering areas. Women get naturalized citizenship after marrying Nepali men, but, as per the draft constitution, they don't qualify to hold top public post, even though the Interim Constitution doesn't bar such women from the right.
Article 282 of the draft constitution proposes disqualifying individuals who acquired naturalized citizenship from getting top public post such as president, prime minister, chief justice, speaker, chief minister, among other positions. This provision is criticized by representatives of women, Madheshi communities and other sections of the society.
"The constitution should not deprive any citizen from getting any political post in the country. It will lead to discrimination against Madhesi women," said Rita Saha of Malanghawa, Sarlahi.
Lawmaker Laxman Lal Karna estimated that at least 300,000 women in Madhesh have acquired naturalized citizenship after marrying Nepali citizens.
On the other hand, some dissident political forces have been spreading a message that even children of a mother with naturalized citizen will be eligible only for naturalized citizenship but will be deprived of political rights enjoyed by a citizen by descent.
It has fueled anti-draft constitution sentiments in several Tarai-Madhes districts that was openly expressed during the campaign of public feedback collection last week.
"Pahadi leaders who prepared the draft constitution want to maintain their rule over Madhesi people for an indefinite period by limiting our children's rights to top public posts," said Ram Naresh Mahato of Bahuarwa, Sarlahi. Mahato, who is also a local leader of Nepali Congress (NC) hasn't read the draft constitution so far. He became angry when he heard that such discriminatory provisions are included in the proposed constitution.
Nepali Congress lawmaker from Bara-1, Ram Ayodhya Yadav, claimed that some anti-constitution forces were spreading rumors. He believed that no Madhesi children would be deprived of political or any other rights enjoyed by other Nepali citizens.
Many believe that Madhesi people are still in dark about the provisions concerning their rights in the draft constitution. They blamed central level leaders of major political forces such as Nepali Congress (NC), CPN-UML and UCPN (Maoist) for not making any serious efforts to explain the reality to the general public.
"Most of us haven't had the opportunity to go through the draft constitution. We have to believe what local leaders tell us," said Birendra Prasad Karna of Malangawa Sarlahi.
Clause one and two of Article 12 of the draft clearly states that any child from such parents will be eligible for acquiring citizenship through descent. However, people in Madhes have doubts on Clause 3 of Article 13, which is confusing. "Constituent Assembly (CA) should revise the Clause to eliminate confusion among Madhesi community and to counter the rumors created by anti-constitution forces," Yadav told Republica.
People who voted for him criticized him over the same issue when he reached his constituency seeking public feedback on the draft constitution. General people in Madhes have become very angry as they are told that the draft constitution has deprived them even of the rights that was guaranteed by the Interim Constitution.
Lawmaker Karna, co-chairman of Sadbhawana Party, which opposes the draft, said either the constitution should not bar those who have got naturalized citizenship from getting top public posts or individuals acquiring naturalized citizenship through marriage should be allowed to hold the post after a certain period. "If any individual with naturalized citizenship is eligible for casting vote on top public post, s/he must be eligible to contest for the same post," argued Karna. Rights groups in Madhes also oppose the word "Nepali origin" to be eligibile for acquiring Non Resident Nepali (NRN) identity card. They claim Nepali origin indicates Pahadi community.
Ugrakanta Jha, a civil society member from Sarlahi, worries that Indian women may be discouraged from marrying Nepali men because the constitution makes them second-class citizen. "The misconception may affect the long-standing roti-beti relations between Nepal and India. One may be unwilling to marry Nepali boys if she learns that she becomes second-class citizen in Nepal after the marriage," said Jha.
With inputs from Santosh Singh in Sarlahi.
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