The date of the election of the House of Representatives is approaching. In this context, the Election Commission has issued a revised directive, revoking the proportional election directive for members of the House of Representatives, 2079 BS. Earlier, the Commission had prepared a draft unified election law by incorporating seven different laws related to the conduct and management of elections. The proposed draft bill is very important for amending and unifying the laws related to the conduct and management of elections to manage them in a free, free, impartial, credible, participatory, accessible and transparent manner.

The proposed draft bill included important and positive reforms for democracy, electoral practice, and political representation of women, Dalits, and marginalized communities. However, they were not complete. In the changed situation after the Gen-G movement, many issues have come to the fore in addition to those proposed in the draft, which do not seem possible to implement in practice unless the law itself is improved. With the elections to the House of Representatives approaching and the closed list for proportional representation has been submitted, it may not be possible to bring all the reforms by introducing a turbulent law, but improvements can be made through practice. For that, the initiative of the Election Commission, the honesty of the parties, and the vigilance of the citizens are necessary.

Fifty percent female candidacy in direct form

Although the Commission has stated that fifty percent of the names of women should be submitted for proportional representation through the guidelines, it has not made this provision in direct form. As a result, women are once again deprived of participating in the practice of direct elections in large numbers. In the 2079 elections to the House of Representatives and the Provincial Assembly, women were only 9.3 percent of the candidates for direct election to the House of Representatives and 8.7 percent of the candidates for provincial assemblies. Of those elected, only 5.5 percent were women in the House of Representatives and 4.2 percent in the Provincial Assembly. It is not surprising that the percentage of candidates elected has decreased since the parties were deprived of the right to nominate candidates. To improve this, the candidacy itself must be ensured. The interconnectedness and inclusiveness of women within that candidacy must also be taken into account.

If political parties, especially the newly registered parties, prioritize this issue and ensure fifty percent women in their candidacies, then women's representation in parliament through direct election will definitely increase in the upcoming elections. The same provision should also be applied to Dalits, indigenous peoples, minorities, Muslims, people with disabilities, and gender and sexual minority communities. However, for this to happen, inclusiveness and equality within political parties are essential, which does not look positive if we look at the current presence of women and marginalized people at the leadership level within the party itself. In the changed context, it is necessary for all parties to take responsible and timely conscious decisions to ensure the essence of inclusiveness.

Ensuring the right to vote

A large part of the country's population is abroad. While the number of Nepalis scattered in more than a hundred countries around the world is two million according to government statistics, the number not included in the statistics is much larger. It is the right of citizens to participate in the democratic process of the country as citizens, no matter where they are in the world. The responsibility of how to ensure this right lies with the state. In this technologically advanced era, maintaining the traditional idea of ​​going to one's birthplace to cast one's vote and assuming that out-of-country or out-of-district voting is not a possibility is an attempt to avoid the consequences that may come from it.

A study conducted by the Nepal Policy Institute has shown that this process is certainly expensive and challenging, but not impossible. The study has also proposed three different processes as alternatives for this, which also estimate the time and cost required for preparation. Therefore, rather than delaying it, it would be better for the government to expedite the process by considering the advice and practices of national and international experts. Ensuring the right to vote not only for citizens outside the country but also for citizens within the country who are outside the district is an even more important issue. The system of having to go to the district to cast votes has not only deprived many of their right to vote, but has also encouraged vote buying, unnecessary spending, and opaque election spending. This is laying the foundation for corruption. Therefore, for good governance, it is necessary to protect the right of citizens outside the district and outside the country to cast their votes. The Supreme Court had already ordered the enactment of a law in 2018, and this system must be followed in the upcoming elections. In addition, if the voter does not like any candidate, the right to vote “None of the Above” (NOTA) should also be protected.

Election expenses, deposits, and silence period

Elections are expensive processes. A person participating in elections has to prepare not only mentally but also financially. Looking at the economic activities in past elections, it seems impossible for marginalized and women to participate in elections. If election expenses cannot be reduced and legal limitations are not set, the past situation will not change. As mentioned in the Gender and Inclusion Policy in Election Management, 2077, by adopting the principle of positive discrimination in election expenses, ensuring that election expenses are provided from the state fund for women and inclusive groups and providing exemptions from the use of state resources during election campaigns, it can be easier for these communities. Continuous debate is expected on this.

A person who wants to be a candidate in an election has to pay a deposit to register his candidacy. When the deposit amount is large, many people drop out of the first stage of the process. In the past, the amount was doubled in the unified draft prepared by the Election Commission. Doing this would make the state appear insensitive towards women and the marginalized. The deposit amount should be made free for specific individuals or communities, which facilitates ensuring participation and representation.

If we look at the experiences of elections, it is found that the most vote buying and influence occurs during the silent period. Although direct campaigning is not allowed during the silent period, there is a practice of using the opportunity of that period to influence the election process by circumventing surveillance and monitoring, negatively affecting and discouraging candidates from women and marginalized communities. Therefore, the current 48-hour silence period should be reduced to 12 hours.

The Election Commission's guidelines on disqualification for candidacy include criminal offenses (such as human trafficking and smuggling, corruption, rape), people convicted of organized crimes, and those sentenced to less than twenty years in prison for crimes related to caste discrimination and untouchability, boxing or polygamy and not having completed three years from the date of serving the sentence. However, research says that in a society like ours, the number of cases of sexual violence that go to court is five percent. Cases like caste discrimination, domestic violence, and polygamy reach the courts as exceptions. Even the cases that reach the courts are rarely decided in favor of the victim, and the guilty are punished. Since the majority of perpetrators are people in or close to the center of power, authority, and politics, making the criteria for disqualification based solely on the fact that they have been convicted or sentenced means that those involved in such crimes are exempted from participating in the elections. Therefore, not only those who have been proven and found guilty by any court in child abuse, child sexual exploitation, use of child labor, domestic violence, sexual violence, gender violence, labor exploitation, and polygamy, but also those who have been accused and have a case registered in the police or court, should be made the basis for disqualification criteria.

Character assassination, misogynistic expressions, and misleading news during elections

Research has shown that digital or personal violence against women and marginalized candidates increases during elections. While it is an election offense to not commit or cause any kind of character assassination during election campaigning, it is necessary to define what constitutes ‘character assassination’. Such acts not only reduce their motivation to participate in the election but also cause them physical and mental trauma, the effects of which can last for a long time. It is important to include misogynistic expressions, propaganda of character assassination materials, false and misleading information, comments based on gender, sexuality, ethnicity, and to provide double punishment for the crime of character assassination of election candidates to influence the election results. The Election Code of Conduct, 2078 BS, prohibits such acts and also provides for the possibility of filing a complaint. However, it is not clear what punishment will be imposed after this complaint. Elections are a special time, and there should be a separate legal mechanism to immediately address violence during such times. Going through the regular legal process is not practical and fair.