This is the constitution, due to which 14,000 women and 7,000 Dalits have become public representatives

In the local level elections held in 2079, 55 thousand 699 women candidates entered the electoral field, this shows the awakening of women.

आश्विन ७, २०८२

जयसिंह महरा, दुर्गा दुलाल

This is the constitution, due to which 14,000 women and 7,000 Dalits have become public representatives

Three levels of federalism were arranged in the constitution issued in October 2072. According to which, with the election of 2074, three governments, namely local, state and federal, came into existence. The mandatory condition that these governments should be inclusive was arranged in the constitution itself. The most beautiful aspect and success of the constitution is ensuring the representation of women, dalits and minorities and giving them opportunities to move towards the mainstream.

Constitutional law experts claim that the constitution has succeeded in this matter. Because of the positive discrimination (reservation) made by this constitution, currently 14,224 women and 7,671 Dalit people's representatives have reached the chair of running the government. That is, they are running the country as a representative of the people. Only 14 thousand 22 women were elected in the local elections held in 2079. In this election, 55 thousand 699 women candidates entered the election field.

In three municipalities, both the head and deputy head are women. Women have been elected to the post of head and deputy head of Gaurigunj Rural Municipality of Jhapa, Bhairavi Rural Municipality of Dailekh and Lamki-Chuha Municipality of Kailali. If the constitution did not say that one of the chiefs and deputy chiefs must be a woman when they are candidates at the local level, they would not have had the opportunity.

In 2074, 18 women were elected local level heads, and in 2079, 25 were elected. In the year 2074, 700 people were elected as deputy heads, but this time, 568 people were elected. While 61 people were elected as ward members in 2074, it increased to 67 in 2079. In 2074, 6 thousand 742 people were elected and in 2079 this number remained unchanged. This was due to the mandatory provision of one woman as a member of the ward.

Statistics show that the constitution has given positive achievements in the case of Dalits as well. In the 2074 elections, 34 people from the Dalit community were elected as the head and deputy head of the local government. This time it is down to 19. In 2074, 6 people from the Dalit community were elected to the post of mayor. At present three mayors are from the Dalit community. Videh in Dhanusha, Dhorpatan in Baglung and Chaurjahari in Rukum have mayors from the Dalit community. Mayor Vechan Das Tatma of Videh and Dev Bahadur Nepali was elected for the second time in Dhorpatan, while Pushpa Wadi was elected for the first time in Chaurjahari.

In 2074, 7 prominent Dalits were elected and in 2079, 9 were elected. 27 people were elected as deputy heads in 2074 and 16 in 2079. Similarly, 197 people from Dalit community were elected as ward members in 2074 and 148 in 2079. Similarly, 797 people were elected as Dalit members in 2074 and 878 in 2079. Due to the constitutional provision that Dalit women members should have one candidate in the ward elections, 6,567 people were elected in 2074 and 6,620 in 2079. A total of 7,671 people from the Dalit community are serving as people's representatives at the local level only.

In the 2079 elections, women were elected as heads of 25 municipalities across the country. According to the data of the Commission, women chiefs were elected in Birtamod Municipality of Jhapa, Gauriganj Rural Municipality of Jhapa, Kanepokhari of Morang, Likhu Pike of Solukhumbu, Jantedhunga of Khotang, Halesi Tuwachung Municipality of Khotang. Surunga municipality of Saptari, Barhathwa municipality of Sarlahi, Ishanath of Rautahat and Moulapur municipalities are headed by women.

Sindhuli's Fikkal and Sunkoshi, Kavrepalanchok's Chaurideurali, Makwanpur's Hetaunda Sub-Metropolitan, Chitwan's Bharatpur Metropolitan Municipality and Madi Municipality are being driven by women. Similarly, there are women leaders in Hupsekot Rural Municipality and Sunwal Municipality of Nawalparasi (East of Bardghat Susta), Badigad Rural Municipality of Baglung and Modi Rural Municipality of Parbat. Similarly, Bagnaskali Rural Municipality of Palpa, Birendranagar Municipality of Surkhet, Panchdeval Vinayak Municipality of Achham, Bhairavi Rural Municipality of Dailekh and Lamki-Chuha Municipality of Kailali are heads of women. According to the Commission, more than 123 Dalit women members are vacant.

How many women in which province?

Both Speaker and Deputy Speaker in Karnali Province are women. Seven provincial deputy chairpersons are women. There are 200 women state assembly members in all seven states. 2 thousand 455 women were elected in the election held in Koshi province in 2079. Only 37 women were elected to the state assembly. Similarly, 2,770 people were elected in Madhesh province, while 35 people were elected from the provincial assembly. 2 thousand 347 people were elected in Bagmati Province, while 39 women were elected to the Provincial Assembly.

This is the constitution, due to which 14,000 women and 7,000 Dalits have become public representatives 1 thousand 622 people were elected in Gandaki province while 21 women were elected to the provincial assembly. 2 thousand 124 people were elected in Lumbini province and 32 women were elected to the provincial assembly. According to the data of Election Commission, 1 thousand 524 people were elected in Karnali province and 16 women were elected in the provincial assembly. Similarly, 1,560 people were elected in the Far Western Province, while 20 women were elected in the Provincial Assembly.

Inclusivity in the Federal Parliament

Experts claim that the representation in the Federal Parliament is becoming stronger after the constitution. Currently, Vimala Ghimire is the Vice Speaker of the National Assembly, while Indira Rana is the Deputy Speaker of the dissolved House of Representatives. Out of 59 MPs in the National Assembly, 22 are women. There are 6 Dalits. 32 percent of women participated in the Constituent Assembly of 2064 and 29 percent of women participated in 2070. In the recently dissolved House of Representatives, 9 women were elected through direct election of 165 seats, while 83 women were elected by proportional representation. Thus, 92 women were represented in the House of Representatives.

What is the constitutional and legal system?

In order to represent women, Dalits, minorities, etc., percentages have been mentioned in the preamble of the constitution in various articles. In the preamble of the Constitution of Nepal, "By embracing the multi-racial, multilingual, multi-religious, multicultural and geographically diverse characteristics, protecting and promoting unity, social, cultural solidarity, tolerance and harmony among diversity, ending class, ethnic, regional, linguistic, religious, gender discrimination and all kinds of ethnic untouchability and building an egalitarian society on the basis of proportional inclusive and participatory principles to ensure economic equality, prosperity and social justice". It is written that Article 84 of the Constitution states that at least one-third of the total number of members from each political party represented in the Federal Parliament should be women. "Notwithstanding anything contained elsewhere in this Part, the Federal 

At least one-third of the total number of members elected from each political party represented in the parliament should be women. In such election, if one-third of the members of a political party cannot be elected in accordance with clause (a) of clause (a) of clause (1) and clause (a) of clause (2) of article 86, then such political party shall be elected in such a way that at least one-third of the total members to be elected to the federal parliament from their party are female members when electing members in accordance with clause (b) of clause (1). Similarly, in Article 91 of the Constitution, there is a provision that one of the Speaker and Deputy Speaker of the House of Representatives should be elected and the Speaker and Deputy Speaker of the House of Representatives should be from different parties. According to Article 92, one of the Speaker and Deputy Speaker of the National Assembly must be a woman.

Clause 9 of Article 176 states that one-third of the total number of members elected from each political party represented in the Provincial Assembly should be women. Regardless of what is written elsewhere in this article, at least one-third of the total number of members elected from each political party represented in the Provincial Assembly must be women. If one-third of the members of a political party are not elected in accordance with Clause (a) of clause (a) of the clause (1), such political party shall elect women members in such a way that at least one-third of the total members to be elected to the provincial assembly from their party shall be female members when electing members according to clause (b) of the same clause.

Article 182 (2) stipulates that one of the state speaker and deputy speaker should be a woman. Similarly, in the existing constitution, it is mentioned in Article 70 that the election of the President and Vice President should be done in such a way that different genders or communities are represented. It is not explicitly stated that there should be only one woman because currently both the President and the Vice President are men.

Section 6 of the Local Elections Act, 2073 mentions the election system. In the sub-section (2) of which, it is said that two female ward members including one Dalit woman of the ward committee of the rural municipality or municipality and two women ward members will be elected in the election of two ward members on the basis of one vote given for each member through secret voting.

Similarly, it is stated in subsection 5 that the member of the respective Zilla Sabha for the District Coordination Committee shall elect one chief, one deputy chief, at least three women and at least one Dalit or minority community member from among the members of the village assembly or municipal council within the respective district. It also ensured female representation. Section 17 (4) of the Local Elections Act states that fifty percent of women's candidacy must be registered. It has been said that "while submitting the nomination papers according to sub-section (1), the party shall arrange for submission of nomination papers such that 50% of the candidates are female candidates among the chairman and vice-chairman, chief and deputy chief and chief and deputy chief of the district coordination committee." This Act mentions that one of the chiefs and deputy chiefs at the local level should be a woman.

Similarly, in sub-section 4 of section 15 of the Political Party Act, 2073, it is stated that 'at least one-third of the party's committees should have at least one-third women members'. Articles 252 and 255 of the Constitution provide for a commission with the rights and interests of women and Dalits. Articles 261, 262, 263 and 264 of the constitution provide for tribal, Madhesi, Tharu and Muslim commissions respectively. These commissions are supposed to work for their rights and interests. At the center of all these, Article 258 provides for the formation of the National Inclusion Commission. It is mentioned that the entry of women, Dalits, tribals, indigenous tribes, Khas/Arya, Madheshi, Tharu, Muslims, backward classes and citizens of backward areas will be ensured based on the principle of equality and inclusiveness in the Nepali Army. What do experts say about

?

According to National Human Rights Commission member and advocate Mohana Ansari, the constitution has given many things. "If it was not for this constitution, the representation of women and Dalit minorities would not have been at the current level," says Ansari, "proportional and inclusive arrangements have been made since the first Constituent Assembly. Now it has been put into practice in written form in the constitution.'

But Ansari comments that the political parties are trying to implement or interpret the rights given by the constitution in their own way. Whatever is provided in the constitution should be guaranteed. "Parties should not implement their own interpretations," she said. "It should be improved further." She said that since the constitution ensures 50 percent participation at the local level, but only 33 percent in the provincial and federal parliaments, it should be improved. But if there was no constitution, this would not have happened, he said.

Rights activist JB Vishwakarma also said that the positive reservation made by the constitution is good overall. "Due to the provisions of the constitution, a kind of good leadership has been developed at the local level. Dalits have reached the level where they can have experience and issues in government operations," he said. "It has been good. But there does not seem to be much development at the provincial and central levels.' But they have not been able to be decisive," Vishwakarma said, "It seems that they have been able to play a good role in the parliamentary committee as well. Bishwakarma said that it is positive that the resolution on Dalits was passed by the National Assembly and that the process of making a law on the rights of Dalits under Article 40 is positive. "It's not that nothing happened, work has been done. The level of leadership and decision-making is yet to be reached,” he said.

Pushpa Wadi, mayor of Chaurjahari Municipality of Rukum West, said that the representation of Dalits including women and Dalit women at the local level is very good for them. He, who became the first mayor from the Wadi community, said that he could not do as much as he wanted because the law gave him the right to formulate policies and implement the budget. He argues that those rights should also be given at the ward level. The current constitution has ensured representation. But work should be done to make it stronger," he said. "Since there are still many communities left to come to the mainstream, it should be ensured in the constitution that they will also be brought in."

जयसिंह महरा महरा विगत ९ वर्षदेखि पत्रकारिता गरिरहेका छन् । उनी राजनीतिक घटनाक्रम तथा संसदीय मामिलाका समाचार लेख्छन् ।

दुर्गा दुलाल दुर्गा दुलाल कान्तिपरका पत्रकार हुन् । उनी कानून, न्याय र संवैधानिक मामिलाबारे रिपोर्टिङ गर्छन् ।

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