The Amendment of Nepal Constitution. satisfy the
demands of Madhesis.
Nepal is governed according to the Constitution of Nepal,
which came into effect on Sept 20, 2015, replacing the Interim Constitution of
2007. The Constitution was drafted by the Second Constituent Assembly following
the failure of the First Constituent Assembly to produce a constitution in its
mandated period.[1] The constitution was endorsed by 90% of the total
lawmakers. Out of 598 CA members, 507 voted in favor of the constitution while
25 voted against and 66 others did not take part in the election process.
The promulgation of the new constitution was immediately
followed by virtual blockade of all checkpoints at Nepal-India border. Various
Human Rights Activists and some ethnic groups in lowland Nepal have accused the
Constitution of being gender discriminatory especially in regards to
citizenship provisions. They allege new constitution makes it difficult for
woman to pass on citizenship to their children as compared to men. Similarly,
Madhesi and indigenous population view that the new constitution fails to
address demands of marginalized communities and support status-quo of the
ruling groups.
The amendments were passed with two-third majority, four
months after the new constitution was promulgated. Three articles—42, 84 and
286—were amended. The amendments aim to resolve the ongoing agitation by the
Madhesis. It includes provisions such as proportionate and inclusive
representation of all marginalised communities, including the Madhesis, in all
state mechanisms and allocation of seats in Parliament on the basis of
population.
Madhesis, who share strong cultural and family bonds with
India, have been demanding demarcation of provinces, fixing of electoral
constituencies on the basis of population and proportional representation.
Fifty-five people have been killed in violent protests by the Madhesis since
last year. The protests of the Madhesis had sparked tensions between India and
Nepal with Nepal’s government viewing India as supportive of the Madhesi
stance, which they felt was fuelling the agitation and encouraging the sit-down
demonstrations that led to blockage of supply routes between the two countries.
The lawmakers of the agitating parties had boycotted the
voting, saying the amendment was “incomplete”, as it fell short of addressing
their concerns, including redrawing of federal boundaries.
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