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Home News & Events Raksha Nepal’s Demand for the Review in the Draft Constitution of Nepal- 2015

Raksha Nepal’s Demand for the Review in the Draft Constitution of Nepal- 2015

Raksha Nepal’s Demand for the Review in the Draft Constitution of Nepal- 2015

A feedback booklet “Kingship will be existing until the male dominated society is in practice”on the draft of the constitution

 

Raksha Nepal was established in 2004 for the mental, physical, economical and social protection of women driven towards sexual violence, rape and forced prostitution. Since its establishment, it has been awakening the government to end all forms of violence and exploitation against women and children. Furthermore, Raksha Nepal (RN) has been involved in rescue, protection, legal support, psycho-social counseling, health care at free of cost and also has been leading the women towards economic empowerment through income generating skills training. Similarly the RN is seriously involved in awareness, advocacy and research in the issues of women and children. In this context, the RN actively participated and involved in the discussion of women, children and girls rights that should be in the Constitution of Nepal which is under construction.

Raksha Nepal (RN) distributed copies of the booklet "“Pitrisatta Rahesamma Rajsatta Kayamai”, kingship will be existing until the male-dominated society is in practice” to the every 601 constituent Assembly members of Nepal. The government of Nepal had requested Raksha Nepal (RN) to provide feedback on the draft constitution and the booklet contains feedback on the draft constitution, The RN noticed many drawbacks on the draft. Moreover, many important issues regarding women and children were not included. So, the RN decided to compile all the feedbacks in a booklet form. The RN while preparing the feedback booklet consulted experts, lawyers and activists.


In fact, a social non- profit organization Raksha Nepal does not have sufficient funds for publication, however,it was a very right time and essential to raise the issue regarding women and children. Our well wisher Mrs. Nepal - 2013 Rajani Thapa supported financially us to bring out the publication in a booklet shape. The total number of books published was 2000.

The RN officially inaugurated the booklet in presence of many audiences, journalists and activists. The Vice chair of the Constituent Assembly Hon. Ms Onsari Gharti Magar inaugurated the book. The program was covered by different media such as: online, print, TV and Radio.

The topic of the booklet was "kingship will be existing until the male-dominated society is in practice". The topic of the booklet was found to be appropriate because in the past constitutions and in every laws of Nepal, female were considered as second class citizens. Similarly, the Nepalese society is a male dominated society and every decision in a society are taken in favour of men and they are still considered as a king in a society. So, the RN believes that until the male dominated society is in practice, the kingship will be existing. Next the draft constitution was only like edition of previous constitution. It does not speak about the rights in favour of women and girls.

The RN importantly highlighted the following things in the feedback booklet that should be amended in the draft constitution.

  1. In the section of citizenship in draft constitution, it is written that a citizenship certificate to a child is only possible if and only if his father and mother both are Nepali citizens at the time of child's birth. It should be amended. The RN in the feedback booklet made clear that a child could get citizenship certificate if his father or mother are Nepali citizens at the time of child’s birth.

 

  1. In a feedback booklet, the RN demands that there should be a separate policy/ program for the sexual minorities and women forcefully engaged in prostitution because these groups are discriminated in the Nepalese society. However, there is no separate policy or program in the draft constitution for those sexual minorities and women forcefully engaged in prostitution.

3. In the draft constitution, there is no strict provision of legal punishment for the cases of rape, trafficking, gang rape and in the rape of children and old age women. The RN demands separate very strict legal provision of the law to the above mentioned perpetrators.

4. In the feedback booklet, the RN assertively claims that the present provision of law is discriminatory against women because in order to get birth certificate of a child, a father is needed. However, this provision will deprive the children in obtaining citizenship certificate who are born through forced   prostitution. So, Raksha Nepal has put forward feedback in the new constitution that in order to get the birth certificate there should be a right of a mother to identify her children.

5. Similarly in the part 3 of draft constitution there is no anything mentioned about rights related to women. However, the RN demands there should be mentioned that all form of violence, exploitation, injustice and superstitions in regard to religious views should be eliminated.

 

About the book inaugurating program

Raksha Nepal organized a program in the Reporters Club, Kathmandu for a special purpose on the day of 30th July 2015. The program was chaired by Ms. Menuka Thapa, Chairperson of Raksha Nepal and the chief guest of the program was Constituent Assembly (CA) Vice Chair/Parliament Deputy Speaker Hon. Ms Onsari Gharti Magar. On the occasion, a booklet “Pitrisatta Rahesamma Rajsatta Kayamai”, kingship will be existing until the male-dominated society is in practice was inaugurated by the Vice Chair of the Constituent Assembly, which is a collection of feedback to be included in the new promulgating constitution. The booklet was prepared by Ms Menuka Thapa.

The program was scheduled for an hour only due to the busy timetable; however, many journalists from the digital online, national daily newspapers and televisions attended the program. The booklet and press release was distributed by the staffs of Raksha Nepal to all the participants in the program. During the occasion, Raksha Nepal’s Chairperson Ms Thapa put forward some special remarks which were highly commended by the participants.

1. Ms Thapa categorically said that in the inhuman cases such as: child rape, rape to physically challenged girl, rape to elderly women, incest and gang rape there should be provision of very strict laws such as lifetime imprisonment and confiscating the property of the perpetrator (rapist) and the property should be provided to the victims as a compensation the victims affected.

2. Ms Thapa assertively claimed that police arrest only women accusing of their solely involvement in sexual activity, but it is hard to believe that without the presence of male members such acts would be possible.

Therefore, she demanded that the legal provision should be equally effective for both men and women.

3. Ms Thapa said that there should be a provision of giving full rights to a mother to verify her children to obtain a citizenship certificate because she is only the authentic person to know who the child belongs to.

After Ms Thapa, Hon. Vice Chair of Constituent Assembly Ms Onsari Gharti Magar addressed the program. She said that the feedback given by the Raksha Nepal will be an important asset of the Constituent Assembly and she would take the suggestions seriously because they are very important. Similarly, she also assured all the participants that the new constitution will be promulgated in the stipulated time frame. Furthermore, she added that the feedback collected throughout the nation will be taken sincerely and the new constitution will come out in mutual understanding between the all political parties of the Constituent Assembly.

Finally, Nepal at present is in a state of drafting a new constitution in an attempt to preserve the rights of every citizen. However, it could not be seen that the rights of women and children will be secured in the draft constitution which was made public recently. Raksha Nepal (RN) a humanitarian organization that has been working for the last twelve years against sexual violence, rape and forced prostitution prepared a booklet and submitted to the Hon. Vice Chair of Constituent Assembly to make the lives of women and children secure and safe. The RN fully believes that the issues which have strongly been raised by the organization in the feedback booklet will be addressed definitely because the booklet has been already reached in the hands of every lawmaker.

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