The month of May was sparked by controversy when Resham Chaudhary and 19 others were granted presidential pardon, drawing criticism for undermining the rule of law. The citizenship bill, previously snubbed by the former president, was authenticated by President Ramchandra Paudel, paving way for acquiring citizenship to more than 400,000 stateless people. Injustice surrounding untouchability persists, as cases related to the Rukum massacre continue to face delays and political influence. The Karnali region continues to reel with high maternal mortality rates and limited medical access.
On the midweek of May itself, a Bill was introduced in the parliament including a provision that allowed for the withdrawal of cases pending in court against individuals or groups affiliated with a party or a group that engaged in violent protests in the past but is currently operating peacefully within the framework of the constitution and law. This provision, added as a sub-section to section 116 of the code, seeks to withdraw cases against political leaders at all levels of the judiciary, including the Supreme Court, High Court, and District Court.
On June 4, the opposition parties, including CPN-UML, Rastriya Prajatantra Party and Rastriya Swatantra Party disrupted the parliamentary session, claiming that the Bill was authenticated hastily, especially given that Prime Minister Dahal was to be flying to New Delhi for his official visit. The opposition claimed that the ordinance of the last parliament would be nullified given the parliament was renewed after the November 2022 election. The Constitution of Nepal 2015, amended on 2017, states the same:\
According to Article 111, clause 10) Even though a session of a House is prorogued while a Bill is under its consideration, deliberations on the Bill may continue at the succeeding session. Provided that in case the House of Representatives is dissolved or its term expires when any Bill introduced in the House of Representatives is under its consideration or when any Bill adopted by the House of Representatives is under consideration in the National Assembly, such Bill shall lapse.
According to the Nepali Congress parliamentarian, Bishwa Prakash Sharma, the Citizenship Bill was not under ‘consideration’ in either of the houses; as the said Bill had been passed by both the houses, the President was only required to sign it. Thus, the incumbent President simply signed the signed the Bill that had been passed by both the houses in the past. Meanwhile, on June 4, the Supreme Court issued a short-term interim order, preventing the implementation of the authenticated Citizenship Bill. Questioning the constitutionality of the Bill, the Supreme Court will adjourn the proceedings of both the parties on 9th June, 2023.
While the Rukum case is still in limbo, another case in Siraha highlights Nepal’s deep-seeped discrimination. Vinudev Paswan of Siraha’s Bhagwanpur Rural Municipality-1 had filed a case related to untouchability at a celebration. Upon filing the complaint, he was beaten up while everybody else said, ‘this one filed the case, now let’s beat him up.’ Paswan was called to the primary health care center in the area, with the pretext of discussing upon the matter related to the payment of the temple built last year. Once he arrived, people began scolding him and then beating him.
The two cases demonstrate that it will take its own course of time for ethnic discrimination to see justice in Nepal. Regarding the much-talked-about Rukum case, Dalit activists have criticized the government's handling of the case, and even the United Nations has expressed its concern. The parents of the victims feel that their hopes for justice are fading, and there are worries about political influence and statements made by senior leaders in favor of the perpetrators.
Nearly a hundred children from Karnali province are rescued from fraudulent Children’s homes in various cities every year. As parents in Karnali have fewer means to take care of their children, they therefore send them off to children’s homes, mostly in Kathmandu, while they go abroad, mostly to India, for employment. Parents have later found their children in dire situations, and in some cases the homes were found to be operating illegally.
Subsequently, pregnant women and postpartum mothers in Karnali are facing a high risk of maternal mortality due to a lack of timely medical care. Inaccessibility to birthing and health cares has been a major issue, with only a small percentage of households able to reach a health institution within a short walk. The lack of proper roads and transportation further delays urgent medical intervention. Uterine prolapse has also be termed as an epidemic in Bajhang, where in Tharala Rural Municipality alone, over 200 women suffer from the condition. Many of these women are unable to afford the necessary medical treatment, due to financial constraints which prevent them from seeking proper healthcare. The prevalence of traditional beliefs, as faith healers are often consulted before seeking medical help, leading to delays in receiving appropriate care.
The province also faces high level of infant mortality and malnutrition, with inadequate access to nutritious food and healthcare services. While health officials were asked to cut their budget by 42% earlier; the unveiling of national budget showed an increase in health budget by nearly double. This surprise increment could help promote programs such as antenatal and postnatal care, institutional delivery, and training of health workers on preventing pregnancy-related complications.
Timeline of Major Events
| Date | Events |
| May 4 | Karnali mothers, deprived of timely care, are major victims of untimely deaths. |
| May 24 | Three years have passed since the Rukum massacre; while the kin still await justice. |
| May 24 | Siraha’s Vinudev Paswan beaten by the locals as he filed a complaint against untouchability. |
| May 29 | Resham Chaudhary pardoned, along with 19 other prisoners. |
| May 31 | President Ramchandra Paudel authenticated the citizenship bill. |
Resham Chaudhary Pardoned
Resham Chaudhary, mandated by the Supreme Court as the mastermind behind the 2015 Tikapur incident, along with 19 others were granted the Presidential pardon on May 29. The pardon has met much criticisms while concerns were raised if the act would promote impunity while undermining the rule of law. The decision to pardon Chaudhary came just 10 days after the Supreme Court sentenced him to life imprisonment. The Nepal Bar Association and constitutional experts expressed their disapproval, stating that the pardon is against the concept of justice. Critics believe that if this trend continues, influential individuals will escape punishment for their crimes.On the midweek of May itself, a Bill was introduced in the parliament including a provision that allowed for the withdrawal of cases pending in court against individuals or groups affiliated with a party or a group that engaged in violent protests in the past but is currently operating peacefully within the framework of the constitution and law. This provision, added as a sub-section to section 116 of the code, seeks to withdraw cases against political leaders at all levels of the judiciary, including the Supreme Court, High Court, and District Court.
Citizenship Bill Authenticated by the President
On May 31, the President finally sealed the citizenship bill that had been snubbed by his predecessor, Bidya Devi Bhandari. On May 26, the government had requested President Ramchandra Paudel to authenticate the amendment bill of the Citizenship Act that the former President Bidya Devi Bhandari had repeated refused to sign. As Bhandari retired on March 9, 2023 without having authenticated the Bill. However, some constitutional experts had claimed that with the end of the earlier Parliament’s tenure, the Bill was then considered to have been lapsed. However, the Bill’s passage will now clear the way to citizenship for up to 400,000 stateless people who have been deprived of the citizenship.On June 4, the opposition parties, including CPN-UML, Rastriya Prajatantra Party and Rastriya Swatantra Party disrupted the parliamentary session, claiming that the Bill was authenticated hastily, especially given that Prime Minister Dahal was to be flying to New Delhi for his official visit. The opposition claimed that the ordinance of the last parliament would be nullified given the parliament was renewed after the November 2022 election. The Constitution of Nepal 2015, amended on 2017, states the same:\
According to Article 111, clause 10) Even though a session of a House is prorogued while a Bill is under its consideration, deliberations on the Bill may continue at the succeeding session. Provided that in case the House of Representatives is dissolved or its term expires when any Bill introduced in the House of Representatives is under its consideration or when any Bill adopted by the House of Representatives is under consideration in the National Assembly, such Bill shall lapse.
According to the Nepali Congress parliamentarian, Bishwa Prakash Sharma, the Citizenship Bill was not under ‘consideration’ in either of the houses; as the said Bill had been passed by both the houses, the President was only required to sign it. Thus, the incumbent President simply signed the signed the Bill that had been passed by both the houses in the past. Meanwhile, on June 4, the Supreme Court issued a short-term interim order, preventing the implementation of the authenticated Citizenship Bill. Questioning the constitutionality of the Bill, the Supreme Court will adjourn the proceedings of both the parties on 9th June, 2023.
Injustice Regarding Untouchability Persists
Three years after the Rukum massacre, in which six youths, including four Dalits, were brutally killed in a caste-related dispute, the case is still awaiting justice in the Rukum West district court. The final hearing has been scheduled for June 13, following several delays. While evidence suggests that the culprits deserve maximum punishment, there are concerns that political pressure may influence the court's decision.While the Rukum case is still in limbo, another case in Siraha highlights Nepal’s deep-seeped discrimination. Vinudev Paswan of Siraha’s Bhagwanpur Rural Municipality-1 had filed a case related to untouchability at a celebration. Upon filing the complaint, he was beaten up while everybody else said, ‘this one filed the case, now let’s beat him up.’ Paswan was called to the primary health care center in the area, with the pretext of discussing upon the matter related to the payment of the temple built last year. Once he arrived, people began scolding him and then beating him.
The two cases demonstrate that it will take its own course of time for ethnic discrimination to see justice in Nepal. Regarding the much-talked-about Rukum case, Dalit activists have criticized the government's handling of the case, and even the United Nations has expressed its concern. The parents of the victims feel that their hopes for justice are fading, and there are worries about political influence and statements made by senior leaders in favor of the perpetrators.
Reeling Far West
The past month saw distressing reports to have surfaced from the Karnali region. Children from Karnali were reported to falling prey to fraudulent foster homes, while pregnant women were reported to facing high maternal mortality risks due to limited medical care access.Nearly a hundred children from Karnali province are rescued from fraudulent Children’s homes in various cities every year. As parents in Karnali have fewer means to take care of their children, they therefore send them off to children’s homes, mostly in Kathmandu, while they go abroad, mostly to India, for employment. Parents have later found their children in dire situations, and in some cases the homes were found to be operating illegally.
Subsequently, pregnant women and postpartum mothers in Karnali are facing a high risk of maternal mortality due to a lack of timely medical care. Inaccessibility to birthing and health cares has been a major issue, with only a small percentage of households able to reach a health institution within a short walk. The lack of proper roads and transportation further delays urgent medical intervention. Uterine prolapse has also be termed as an epidemic in Bajhang, where in Tharala Rural Municipality alone, over 200 women suffer from the condition. Many of these women are unable to afford the necessary medical treatment, due to financial constraints which prevent them from seeking proper healthcare. The prevalence of traditional beliefs, as faith healers are often consulted before seeking medical help, leading to delays in receiving appropriate care.
The province also faces high level of infant mortality and malnutrition, with inadequate access to nutritious food and healthcare services. While health officials were asked to cut their budget by 42% earlier; the unveiling of national budget showed an increase in health budget by nearly double. This surprise increment could help promote programs such as antenatal and postnatal care, institutional delivery, and training of health workers on preventing pregnancy-related complications.
