New, old, reformed, and alternative parties have entered the fray for the February 21 election. These parties, which have entered the fray with different agendas, do not seem to have paid much attention to women's empowerment and participation.

Historically, the rulers of patriarchal Nepali society have deprived women of social, political, economic and other opportunities, so that women, who were the majority in terms of population, have become a minority in terms of opportunities. With the changes in the governance system and society, principles such as women's rights, inclusiveness, and equality have found a place in the mainstream and center of debate in Nepali politics.

As a result, the Constitution of Nepal promulgated in 2072 BS, embracing such issues, established proportional inclusion as the main feature of the state in order to uplift the backward classes and ensure the participation of women and other classes in every body of the state. However, even after a decade since the promulgation of the Constitution, the issue of women's representation seems to be limited to a numerical formality.

The Preamble of the Constitution resolves to end gender discrimination in Nepal and build an egalitarian society based on proportional inclusive and participatory principles to ensure economic equality, prosperity and social justice. In addition, Article 18(3) of the Right to Equality states that special provisions made by law for the protection, empowerment or development of socially and culturally disadvantaged women shall not be considered discrimination. Article 42 also establishes the right to social justice, stating that women shall have the right to participation in the organs of the State on the basis of the principle of proportional inclusion. Many such provisions have constitutionally entrusted the State with the responsibility of women's participation and empowerment.

Such provisions of equitable positive discrimination provided for in the Constitution are not permanent privileges. Article 4 of the Convention on the Elimination of All Forms of Discrimination against Women, 1979 clearly states that temporary special measures may be adopted to accelerate substantive equality between men and women and that these measures shall not be continued after the objective of equality of opportunity and treatment has been achieved.

This makes it clear that the practices of positive discrimination are temporary in nature. When women are actually uplifted and equality is achieved, then the relevance of these provisions ends. It has entrusted the state with the responsibility of bringing about equality not only in legal (de jure) formality but also in real (de facto) form.

One of the positive discrimination provisions constitutionally provided to ensure women's participation is Article 84(8). This article stipulates that at least one-third of the total representation of each political party in the federal parliament should be women, and if this proportion is not met through direct elections, it should be met through proportional representation. Although this provision ensures approximately 33 percent of seats for women in parliament, in practice this 'minimum' number has become more like a 'maximum' limit. However, the problem lies in its practice rather than in the constitutional concept. 

In Nepal's parliamentary practice, this 33 percent figure seems to be used more as a legal formality than as a starting point for women's empowerment and upliftment. Political parties do not show any interest in fielding women as candidates in direct elections. Political parties tend to keep the list of required female candidates on the closed list of the proportional system to reach the quorum and directly select only the majority of male candidates. Such a trend has established a neo-patriarchal mentality within the Nepali political structure. Although women are present, power remains concentrated in the old male-dominated structure.

In a country with a 51 percent female population, it is not known whether political parties have not found qualified female candidates or have not tried to make women candidates. However, due to the practice of only increasing the number through proportional representation without participating in direct elections, women have always been known as second-class candidates. Even the so-called alternative party is proud of itself as the party that has fielded the most female candidates on the basis of giving tickets to women in only 17 (10.36 percent) out of 164 constituencies. But although this number is a lot among the few, it is not really a lot.

To solve this problem, the Election Commission had prepared the Election Management Bill 2080 in the past. Section 74 of this bill had provided that parties should register 33 percent of women as candidates, even directly, and if they do not, their candidatures will be cancelled. However, this bill did not find its proper place in the previous term of the House of Representatives.

In the House of Representatives to be elected after the 21st Falgun elections, this bill needs to regain its place and reach a proper conclusion. Political parties should also be ready for this. Until an environment is created where women can compete on the same level as men in the field of direct elections, the real equality envisioned by the Convention and the dream of an egalitarian society resolved by the Constitution will remain incomplete.

In addition, it is essential for women to show a special interest in politics. The situation where relatives and close people of the party are getting tickets to meet the quota has weakened the entire women's movement. Therefore, until women themselves start interfering in policy making and every issue of national politics, it will be difficult to achieve the rights and equality they demand. Now women should also move forward by taking the reservation provided by the constitution as a means to strengthen their qualifications and capabilities.