An encouraging leap towards inclusion

In the 2079 elections to the House of Representatives, 91 women MPs were elected. Sixteen were elected from the Dalit community. This number is not complete and is not expected. However, it is an improvement compared to the parliament three and a half decades ago.

Falgun 7, 2082

Kishor dahal

An encouraging leap towards inclusion

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 The last general election under the Panchayat system was held in Baisakh 2043 . In that election for 112 out of 140 members of the National Panchayat, three women were elected . There were 28 people who had to be nominated by the king . Twice, 25 were nominated by the king, of whom five were women . No Dalit candidate from the people won, but the king nominated one.

This structure of the National Panchayat remained in place until the people's movement of 2046  Therefore, the representation of women, Dalits or people from minority communities in the National Panchayat or Council of Ministers was not systematic and natural, but could only be done ‘by bending over’ sometimes.

For example, the structure of the Council of Ministers at the time of the people’s movement on 7 Falgun 2046 can be examined. The Council of Ministers formed on 2 Asar 2043 was reorganized on 14 Bhadra 2046. At that time, there was only one woman member in the 30-member Council of Ministers. There was no representation of Dalits. There was one Madhesi and one Muslim each.

In 2046, when the Panchayat system collapsed and the country was moving towards a multi-party system, the two main organs of the state established by people’s representation, the legislature and the executive, were extremely incommensurable, and there was no binding provision in the constitution to make them inclusive.

With the success of the 2046 People's Movement, a new constitution was promulgated in 2047, through which a parliamentary system was adopted. A bicameral system consisting of the House of Representatives and the National Assembly was implemented. But there was no concept of making the Council of Ministers and the House of Representatives inclusive. There was a provision that out of the 60 members of the National Assembly, three out of 35 members elected by the House of Representatives would be women. This effect was seen in the first election held in 2048. Only seven female candidates won in the election for 205 seats in the House of Representatives. After one more female candidate won in the by-election held in 2050, the number of female MPs in the House of Representatives reached eight. Similarly, only one Dalit candidate won.

After the general election, a 14-member Council of Ministers was formed in Jestha 2048 under the leadership of Girija Prasad Koirala, in which only one woman member was present. There was no Dalit representation in the Council of Ministers.

When the Panchayat system collapsed in 2046 and the country was moving towards a multi-party system, the two main organs of the state, the legislature and the executive, established through popular representation, were extremely incoherent, and there was no binding provision in the constitution to make them inclusive. Therefore, the demographic makeup of the country was seen on one side, and the makeup of the organs of the state was seen on the other. That is, oppressed classes and communities including Dalits, women, and Madhesis were kept away from the decision-making process of the state. They could not take ownership of the state running process. This situation created a recognition of the ruling and ruled classes in society. Dissatisfaction increased.

This situation continued in the parliament and council of ministers formed after the elections of 2051 and 2056. However, in the fifties, the question of fair representation began to arise sporadically in a soft manner. However, with the success of the 2062/63 people's movement, inclusiveness became the main issue of politics. In particular, the comprehensive peace agreement between the government formed after the success of the people's movement and the Maoists, who have been in armed conflict since 2052, and the overall peace process, a notable issue was the restructuring of the state.

In other words, the belief was established that the state structure of single-caste dominance, which had been practiced for centuries, should be transformed into a rainbow structure like the character of Nepali society. After that, a way was found for the fair entry of all communities into the parliament, state organs, and administrative areas. In the same vein, the proportional electoral system and reservation measures were adopted.

On 1 Magh 2063, a 329-member interim legislature including the Maoists was formed. The interim constitution provided for representation of members of the House of Representatives and the National Assembly before the implementation of the interim constitution, members of the Maoists, and oppressed castes, backward areas, indigenous peoples, and women in the legislature. This made the legislature more inclusive than the previous parliament, where there were 57 women members. There were also 18 Dalit members.

At that time, there was no constitutional provision to make the government inclusive. However, the interim government formed on 18 Chaitra 2063 under the leadership of Girija Prasad Koirala, including the Maoists, had two women and two Dalit members.

A mixed system was adopted for the first time when the Constituent Assembly was elected on 28 Chaitra 2064. In the 601-member Constituent Assembly, a provision was made for 240 members to be directly elected, 335 members to be proportionally elected, and 26 members to be nominated by the President on the recommendation of the Council of Ministers. In that election, 30 women were elected directly. 161 women entered the parliament through proportional representation. This marked the first time that women had significant representation in the parliament. 50 Dalit MPs were elected to the first Constituent Assembly.

The Pushpa Kamal Dahal-led cabinet formed after the Constituent Assembly elections had 4 women members. This government had 7 ministers from the Madhesi community. There was no Dalit or Muslim representation.

The new constitution promulgated in 2072 BS ensures that the structure of important organs and bodies of the state will be inclusive. Article 70 of the constitution provides that the President and Vice President shall be of a different gender or community. Article 91 (2) of the constitution makes it mandatory that one of the Speaker and Deputy Speaker of the House of Representatives must be a woman. Similarly, Article 92 (2) of the constitution makes it mandatory that one of the Speaker and Deputy Speaker of the National Assembly must be a woman. Article 76 (9) of the Constitution states that the Council of Ministers shall have a maximum of 25 members and that such a Council of Ministers shall be formed in accordance with the principle of inclusiveness.

The Constitution has provided for a bicameral Federal Parliament. Both houses shall be inclusive in a separate and joint manner. A framework has been created for approximately one-third of the Federal Parliament to be women. Article 84 (8) of the Constitution states that ‘at least one-third of the total number of members elected from each political party represented in the Federal Parliament shall be women’. This ensures that, although there may be some percentage fluctuations, approximately one-third of women are generally represented in the Federal Parliament.

In the 275-member House of Representatives, 165 members are elected through direct elections. 110 members are elected according to the principle of proportional inclusion. Under the proportional representation system, parties should include women, Dalits, indigenous peoples, Khas Aryas, Madhesis, Tharu, Muslims, and backward areas on the basis of population while submitting their closed lists. In addition, geography and regional balance should also be taken into account. When seats are distributed according to the votes received by the party in the election, candidates are selected from various clusters.

Out of the 59 members of the National Assembly, 56 are elected from each province at the rate of eight. The President will nominate three members, including one woman, on the recommendation of the government. Out of the eight members elected from each province, three women, one Dalit, and one person with a disability or minority are selected. Accordingly, the federal parliament appears to be fundamentally inclusive.

There is a concept in the constitution that parliaments and governments will be formed according to the principle of inclusion in the provinces as well. Although inclusive representation in the parliament seems to be mandatory, governments have not yet been able to be fully inclusive.

General elections have been held in 2074 and 2079 according to the new constitution. In the 2074 election, 90 women MPs were elected, 6 directly and 84 through proportional representation. 19 were elected from the Dalit community. Similarly, 91 women MPs were elected in 2079. Only 16 were elected from the Dalit community. This number is not complete and expected. However, it is an improvement compared to the parliament of three and a half decades ago.

The diverse entry made possible in parliament has had direct benefits in some areas. First, it has played a role in increasing the sense of belonging of people from all communities to the organs of the state. Second, it has made it possible for new faces from many marginalized communities, who would have been impossible to win in direct elections, to enter the parliament. Third, along with new faces, new languages, new styles, and new issues have also entered the parliament. The sensitivities of minorities and oppressed communities have also entered.

Article 42 of the Constitution provides for the right to social justice. It states that ‘Women, Dalits, indigenous peoples, Madhesis, Tharus, Muslims, backward classes, minorities, marginalized, persons with disabilities, sexual and gender minorities, farmers, workers, citizens of oppressed or backward areas and economically disadvantaged Khas Aryas who are economically, socially or educationally backward shall have the right to participate in state bodies on the basis of the principle of proportional inclusion.’ The practice of inclusion and reservation has ensured a diverse presence in all organs and bodies of the state in accordance with the social structure. It has become possible to represent all communities in the decision-making process in various bodies of the state in theory and practice.

Reservation has been practiced to strengthen social justice. 33 percent participation of women is mandatory in every body of the state. In addition, participation is according to the specified percentage of different clusters. According to this system, implemented since 2064, only candidates from the respective cluster can compete in 45 percent reservation seats. Accordingly, 33 percent are reserved for women, 27 percent for indigenous/tribal people, 22 percent for Madhesis, 9 percent for Dalits, 5 percent for people with disabilities, and 4 percent for backward areas.

The practice of inclusivity and reservation has ensured a diverse presence in all organs and bodies of the state in accordance with the social structure. It has become possible to represent all communities in the decision-making process in various bodies of the state, both theoretically and practically. This has helped to increase the sense of belonging to the state directly/indirectly. The possibility of mainstreaming oppressed communities has also increased. In addition, the concept of diverse representation in organs and bodies of the state has been easily established in society. For example, when there is a low representation of oppressed and minority communities such as women, Dalits, Muslims, and Madhesis in a cabinet, public questions and criticism are raised. Such monitoring will make a significant contribution to the implementation of constitutional provisions.

The current constitution considers republicanism, federalism, secularism, and inclusiveness as four pillars. It is expected that the essence of these pillars should be taken into account while practicing this constitution. However, it is also seen that in some cases, through the loopholes in the constitution and laws, inclusiveness has not been properly practiced. But that is only an exception. What can be clearly said is that around the 2046 people's movement, there was an undefined and weak practice of inclusive representation in the constitution, law, state system, system, and practice. In the three and a half decades since then, the system related to inclusiveness has become the basic foundation of the state system, and is also being firmly established in practice.

हामी कहाँ छौँ ?

Kishor

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