Nepal’s contentious Constitution Day

Nepal’s new federal constitution was promulgated in 2015, but even six years later it is a contested document. While President Bidya Devi Bhandari, Prime Minister Sher Bahadur Deuba were attending a regimented celebration at the army pavilion on Tundikhel, demonstrators nearby were getting ready to march to Parliament to protest the document.

The anniversary of the Constitution on 19 September also this year coincided with the start of the Indra Jatra festival, which was much better attended and had more public attendance than the events both for and against the Constitution.

After they watched an Army Parade and helicopter flyby, President Bhandari and Prime Minister Deuba went over to Hanuman Dhoka to observe Nepal’s Living Goddess Kumari being pulled in a chariot in front of the Gaddi Baithak.

Nepal's Constitution day this year coincided with Kathmandu's Indra Jatra festival, which was much better attended than the events both for and against the Constitution. Photos: AMIT MACHAMASI

Critics of the Constitution say that it is not an inclusive document, treats women and minorities as second-class citizens, and guarantees social justice and human rights only on paper. The Constitution Amendment March was organised by civil society activists calling themselves the ‘Brihat Nagarik Andolan’ (People’s Movement).

‘The 'Constitution Amendment March' with the excluded and maginalised communities including Madhesi, Tharu, Janajati, Dalit, minorities, Muslim and landless squatters who consider the constitution incomplete will head to the parliament on Sunday 2PM.”

Nepal’s Constituent Assembly adopted the new constitution in 2015 after deliberating on it for seven years, even as the draft was contested by some sections of the society, most notably the politicians from the Tarai, leading to the unrest in the southern plains. This was the precursor for the five months long blockade imposed by India.

For the past six years, Madhes-based­ parties have been up in arms about the new constitution. This year, the Janata Samajbadi Party (JSP) decided not to take part in the Constitution Day celebrations and the newly-formed Democratic Socialist Party led by Mahanth Thakur marked the day as a black day.

‘The Maoist insurgency, the Madhes Movement, the Tharu Rebellion, and struggles of women, indigenous people, Dalits, Muslims delivered Nepal its democratic, secular, federal republic that constitutionally guaranteed inclusion, but it is well known that the state has created obstacles to attain those objectives at every step,’ read a statement by the rally organisers.

It went on: ‘The actions of the political parties and main pillars of the state since the Constitution was promulgated prove the necessity of continued vigilance and struggle to protect and institutionalise the gains.’

Nepal’s Constituent Assembly had to be elected twice in 2008 and 2013 to finally adopt the new constitution in 2015 after deliberating on it for seven years, even as the draft was contested by some sections of the society, most notably the politicians from the Tarai, leading to unrest in the southern plains. This precipitated the five month long border blockade by India.

For the past six years, Madhes-based parties have been up in arms about the new Constitution, and have been agitating for greater representation and autonomy. This year, the Janata Samajbadi Party (JSP) which is part of the ruling coalition decided not to take part in the Constitution Day celebrations and the newly-formed Democratic Socialist Party led by Mahanth Thakur marked the day as a ‘black day’.

Meanwhile, more than two months after he became prime minister, Deuba has still not been able to form a complete Cabinet as haggling goes on over division of ministerial portfolios. Internal divisions within parties and between them have threatened to split the coalition even before it can form a full government.