Candidates with disabilities: 1 in direct, 85 in proportional representation, no separate 'cluster'

For the upcoming House of Representatives elections on February 21, 3,406 candidates are in the fray in the direct category, while 3,135 are on the closed list in the proportional category. However, according to the 2078 census, there is no separate 'cluster' of people with disabilities, who constitute 647,744 people, or 2.2 percent of the total population.

Falgun 4, 2082

Prakriti Dahal

Candidates with disabilities: 1 in direct, 85 in proportional representation, no separate 'cluster'

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Although the participation of candidates with disabilities in the upcoming House of Representatives elections has increased significantly compared to previous elections, there is no separate 'cluster' (banned list). While according to the 2078 census, there are 647,744 people with disabilities in Nepal, or 2.2 percent of the total population.

The Supreme Court had issued an interim order on a public interest writ petition filed by Madhav Prasad Chamlagain, President of the National Democratic Association of the Disabled, and Prakash Pantha, along with disability rights activists, alleging that the ‘cluster’ of persons with disabilities was removed in the House of Representatives elections.

The court had declared the provision invalid on the grounds that it had excluded persons with disabilities from the inclusive basis. The order also states that Section 28(6) of the House of Representatives Election Act, 2074 BS also provides that parties must prepare a list in a way that includes representation of persons with disabilities while preparing the closed list of candidates.

The government, on the other hand, has claimed that while re-determining the ‘cluster’ (closed list) of candidates under the proportional electoral system of the House of Representatives by amending Schedule-1 of the House of Representatives Election Act, 2074 BS through an ordinance, it has not ensured clear, binding and mandatory representation of persons with disabilities. While Article 84(3) of the Constitution of Nepal has made a clear provision that political parties must ensure representation of persons with disabilities when fielding candidates in the proportional representation system.

According to the National Federation of the Disabled, this time there are only 86 candidates with disabilities. Of these, 1 is a direct candidate, while the remaining 85 disabled people are in various 'cluster' groups under the proportional representation system. Of these, 22 are women. The only candidate with a direct disability is Rewatiraman Sharma from Dang-1 from UML. Sharma was previously a member of the Lumbini Provincial Assembly from Dang 1(2) in 2074.

Candidates with disabilities: 1 in direct, 85 in proportional representation, no separate 'cluster' Gajendra Budhathoki, who is on the closed list of proportional representation from the RPP, expresses his anger, saying that the Election Commission has removed the 'cluster' for persons with disabilities in the proportional representation system. "When Ayodhee Prasad Yadav was the Chief Election Commissioner, the cluster of people with disabilities was removed overnight," Budhathoki told Kantipur. "Now, just like the process of Kashkiriya is completed by raising the corpse of Kusha, the involvement of people with disabilities in Parliament is only ceremonial." He says that since the Supreme Court has not given a mandate, the Election Commission and the government have not been able to force people with disabilities to be included in Parliament through the 'cluster'.

This time, people with disabilities have been included in the proportional lists of 58 parties. Of these, the largest number of five candidates in the proportional closed list of the Rastriya Parivartan Party are disabled. Similarly, 4-4 candidates in the Federal Democratic National Forum and the Progressive Democratic Party, 3-3 candidates each in the Nepal Communist Party, National Independent Party and Nepal Workers and Peasants Party have been included in the proportional list.

Similarly, the parties that have two disabled people on the proportional list include UML, JSP Nepal, Samaksavi Samajwadi Party, Mongol National Organization, Nepali Party for Nepal, CPN (ML), Janadesh Party Nepal, Nagarik Unmukti Party Nepal, Janamat Party, CPN (United) and Nepal Federal Socialist Party. The proportional closed list of the Congress, which has a large and long political history, has only one disabled person.

Devkumari Parajuli, general secretary of the Nepal Disabled Women's Association, has been included in the RPP's proportional list of 110 people. Parajuli, who was on the closed list in the 2079 election but could not be elected, says that her chances are strong this time. She is also the founding president of the party's National Democratic Disabled Organization and has been advocating for the rights of disabled people for a long time.

‘It is difficult for women to do politics, especially women with disabilities face many challenges,’ she said, ‘There are many obstacles to moving forward in politics. I am ready to raise the issues of people with disabilities in Parliament by overcoming the challenges.’ According to her, there is a need to accept people with disabilities as equal citizens, not as a class.

She believes that real inclusion will be possible only if opportunities and work that need to be socially accepted are evaluated. She said that representation will not be ensured until there is a binding system in proportional representation. She said, ‘All parties have included their names only after the court’s decision, and until there is a binding system, equal representation of the disabled in Parliament is not possible.’

Pratiksha Samajwadi Party spokesperson Pratiksha Chapagain is also at number three on the proportional closed list. A blind and sexual minority woman, she said that she would prioritize the formulation of clear laws related to sexual and gender minority communities by reaching Parliament. She says, "Even though the Disability Act has been enacted, a clear law has not been made regarding the sexual and gender minority community. My first task will be to reach the parliament and formulate a policy." According to her, the environment within the disability community is not sufficient for sexual and gender minority people to come out openly. She emphasized that a binding law is necessary to ensure identity and rights. She is determined to raise her voice for the rights and interests of this community through politics. Similarly, Budhathoki, who is ranked 36th on the RPP's proportional list, has 31 years of journalism experience. He said that despite his desire to compete directly, he had to choose the proportional system due to his serious disability. He said, "I chose proportional representation because it would be difficult to go door-to-door campaigning while running around. After being elected, I will seriously raise the issue of the disability sector." According to her, since there is a tendency for political parties to confine people with disabilities to fraternal organizations and involve them only in name, they will take the initiative to break this. He says that long-term change is not possible without meaningful participation at the construction and implementation levels. According to the procedure for distributing identity cards to people with disabilities, the state has included the completely disabled in the 'A' category (red card) and the severely disabled in the 'B' category (blue card) in the social security allowance. 

The presence of people with disabilities in parliament was negligible in the 2079 elections. Only Kaluram Rai of UML was represented in the House of Representatives through the proportional system. On December 11, the Supreme Court had issued an interim order to include the names of people with disabilities in the proportional closed list for the House of Representatives elections. After that order, political parties amended the closed list and included people with disabilities. 

Federation President Devidatta Acharya says that the order is not enough to ensure representation. 'The interim order included names, but it is not enough to ensure representation. A separate cluster arrangement for disabilities is necessary,' he said. According to him, meaningful participation in the proportional system is not possible unless there is a separate 'cluster'. He says that the parties have not yet given confidence in the direct approach. There is no situation where political parties have directly given an opportunity to people with disabilities because they cannot participate in elections. Acharya says that full inclusion cannot be achieved unless a binding legal system, a separate 'cluster' system, and the mandatory presence of people with disabilities in parliament are ensured.

Prakriti

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