The promulgation of new constitution on September 20th by the communist-dominated Constituent Assembly can be described as one step forward, two steps back. Nepal took a giant stride forward by enacting the long-awaited constitution. But at the same time it also took a few steps backward by not addressing the concerns of the marginalized communities in the new constitution. So even after 100 days of the promulgation of new constitution, the country seems stuck. Although the ruling establishment claims that the constitution addresses the concerns of all communities, the people living in the southern plains see it as discriminatory.Let's not pretend there was/is no discrimination against Madheshis. People from Madhesh are often looked down upon and are seen as 'filthy Biharis' because of their similarities with people across the border. This mentality of ruling elite has alienated Madheshis and become a cause of souring relations between Nepal and India.
Madheshi people's loyalty to the country is often questioned. Anti-national activities of some Madheshi leaders and their few irresponsible remarks are cited to prove this. There can be no justification for any anti-national remark, by anybody. But it is also important to note besides Madheshi leaders, leaders from so-called 'nationalist' camps have also indulged in such activities.
People's attitude towards Madheshis had changed after Madhesh Movement 2007. People would think twice before insulting Madheshis after the movement. This change in attitude increased the bonding between different communities. More importantly, the country adopted affirmative action to address concerns of under-represented marginalized communities in all government mechanisms. This bonding built after years of tireless effort now risks being undone.
Disgruntled leaders from the plains have once again radicalized the masses by creating an illusion of extreme discrimination against them, forgetting all the recent achievements towards the creation of a more equal society, something they had themselves acknowledged in the past. Likewise, ultra-nationalists from the hill community are portraying the Madhesh agitation as a geopolitical issue and claim that Madheshis are creating troubles in the plains at India's behest.
This is the time to safeguard gains of inclusion and equal representation that Madheshis have achieved through past struggles. If the current trend of radicalization continues, there is a likelihood of all progresses being reversed. Leaders across the political spectrum need to tone down their rhetoric and start taking confidence-building measures.
The ruling establishment is of the view that proportional representation has been incorporated in the constitution. But if the protesting parties want guarantees, there should be no delay in amending the constitution to address their concerns.
Regarding province demarcation, this simple issue has been made complex especially after border blockage by agitating Madheshi parties. In this situation, it is better to settle demarcation of disputed districts (Jhapa, Morang, Sunsari, Kailali and Kanchanpur) through a referendum. Another option is to let a Federal Commission settle this dispute.
Constituency delineation is another contentious issue. Agitating parties want constituencies to be delineated on population basis. This is easier said than done for there are competing claims of hill and Tarai people. If constituencies are demarcated on population basis, Tarai will have many electoral constituencies while hill and mountain will have just a few.
Development and ownership of resources are behind this contention. If constituencies are delineated only on population basis, concerns of hill people can be addressed by devolving more powers to hill provinces with respect to control over local resources. This can minimize possible future conflict between low-landers and high-landers over control of resources. A special provision should be made to address concerns of sparsely populated mountainous districts.
Politics is not always rational, especially when emotions are running high. In these difficult times, it is the duty of intellectuals, civil society and national parties, including those in agitation, to stop radicalizing the masses and work towards narrowing the rift between Pahadi and Madheshi communities.
The journey towards pluralism and inclusion should not be allowed to be derailed by some vested interests. As the guardian of people Prime Minister K P Oli needs to shed his ego and take more proactive steps to diffuse the crisis.
The author is an LLB student at NALSAR University of Law, Hyderabad
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