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Is Nepal Practicing Faulty Inclusion Laws?

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Krishna Hari Pushkar

The Government of Nepal is practicing faulty inclusion laws that have put people strategically more excluded in the name of inclusion. There are serious controversies on some of the questions over the inclusion issue, it remained unanswered till now, besides repeated pressure from the targeted group who seek inclusion due procedure of law.

It is opprobrious to illustrate that the government doesn't seem properly clear what the justification behind the inclusion are, who are the targeted people and what are the identities and its indicators that need to be considered while processing through the system of inclusion. Why and what will be the ratio of inclusion and its bases, how and where they should be included, and what are the preconditions of inclusion etc seem uncertain except few communities in inclusion process of Nepal. Everything is going erodes, rough and random, the chaotic situation has started to bring terrible consequences on the socio-ethnic harmony of Nepal but respective authorities seem careless, blind and deaf. Unbelievable!

Some of the people have already approached with various members and authorities of legislation, executive and judiciary to settle down the issue but still the case is remained unheard and snubbed.

So, it is panic to understand why state is offering such prejudiced inclusion policy to enhance more "exclusion in the name of inclusion". It is beyond the understanding that why the state is being involved in such power game that have freaking test.

The state should more clear that it should not repeat such wrongdoings and same exclusion process that were attempted in the past. State must realize that Maoist insurgency, madhesi mass movement, indigenous movement, women movement, tharu movement, various rights movement, ongoing regional insurgency etc have considered "Inclusion" as a major agenda but just after few years of partial peace process, our state again seems forgotten the main reasons that they fought and even now fighting in various regions of Nepal. State must be conflict sensitive, and should review the situation immediately that how and where it is going wrong in their promises, if they do not want to see recurrence of the same age as it was in the past.

A case of Madhesi people's inclusion in public services, there is no legal definition has produced by state yet besides there is clear antediluvian definition and well known list of madhesi casts and communities. Surprisingly, it is clear in similar case and situation of indigenous (Aadibasi and Janjati). The million dollar question raised that why state has listed the cast and communities of indigenous (Aadibasi Janjati) and why not for Madhesi? Honestly writing, there is clear-cut demarcation, any member of non-madhesi can identify the pure madhesi people in a second except few cases, but when madhesi seek legal definition, state say dramatically, it is full of confusion, why, what is the intention of state?

People argue that if Madhesh and madhesi have no specific identity than why the government makes several wanted and unwanted agreements to resolve the issues of Madhesh and madhesi saying madhesi and madhesi are integral part of Nepal, fool making! How could the same state and government can refugee to identify the same madhesi people legally when they look forward to process for inclusion, although government body perfectly identify madhesi when state make political agreement to fulfill their vested interests, does not it disappointing?
Nowadays, some of sociopolitical pundits, human parrots and self-established ancient elites explain that madhesi are those who live in Madhesh that means apx 55% populations of Nepal are madhesi because Madhesh is their home. Let's assume for a while they are right, but let me ask the question to the dullard, than why they have allotted only 22% quota for inclusion in civil service? Why not 55% quota? If they define madhesi is all those people who live in Madhesh.

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The mentally corrupt people have allotted 22% only counting just the population of particular cast and communities of Madhesh and madhesi but they file their application shamelessly even they are beyond the member of 22%, so does not it an immense cheating? Allotting quota only for 22% and officially allowing now all 55% people? If they feel they are real product of madhesi father, than they should fight to increase the quota from 22% to 55%, do they do or have tries ever? Otherwise it will not fair to claim as madhesi product human even though they are not! Or they should not hesitate in saying their biological fathers are madhesi before to get madhesi certificate to the non-madhesi?

Secondly' they must look at the past, present structure of Nepalese politics, bureaucracy, defense and PEs and security service etc, where they find more than 60% representations are from Madhesh (Madhesbasi but not madhesi) including the 90% former prime ministers after post democracy era of Nepal, so why state need to consider the non-madhesi defined madhesi to consider under inclusion process? Yes, they know because these people represented the non-madhesi cast and communities only, but they just live and migrated to Madhesh due to fulfill their various vested interest and objectives. It is rabidity to think that someone governs automatically the same ethnicity and identified as same local communities, if someone just shifted their home from one region or ethnicity to another and one country to another.

If they are correct, can the non-madhesi consider the all Indians people as Nepali who have been living in Nepal, can they provide full identity as Newar or Bahun if they have been living in Nepal closer to Bahun or Newar community?.Yes, answer will be negative, similarly how come the non-madhesi living in Madhesh can be considered and regarded as a madhesi? The non-madhesi should rethink the letter and spirit of constitution! Are they sure that non-madhesi living in Madhesh is the target of inclusion under madhesi quota?

Nowadays, some of the CDOs are issuing madhesi certification to Non-madhesi, supreme court is begun to prove non-madhesi as madhesi ignoring the ground reality, non-madhesi has started to capture madhesi quota that are basically targeted to madhesi people. State is ignoring to hear the complaint against non-madhesi, non-madhesi leaders are happy to see the exclusion process of madhesi people in the name of so called inclusion. But they must know that history may repeat, either they or their future generation need to pay for the cost of real inclusion, if they ignore now. Their future generation has to face the war and have to bear the higher compensation, if justice is denied to madhesi people in current situation.

There are several non madhesi people have awarded madhesi certificate strategically to capture madhesi quota, several other people capturing also Aadibasi-Janjati quota by non Aadibasi Janjati, just by changing their family name similar to Aadibasi-Janjati. The complaint against forgery are being filled but found either ignored or manipulated without justification. The consequences may not affordable by state and government once it diverted into pathetic conflict, now many victims believes such growing trained as state sponsored activities, so state authority and government must be careful and awake to response the impact of such hegemony.

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It is possible that communal violence expands against such non-madhesi people or they face attacks by local insurgents or aggressive madhesi community, if they abuse the identity of Madhesh and madhesi. It is hundred percents clear that such non-madhesi culprits have to pay high cost if they ignore or undermine or play with the identity and ethnicity of madhesi people. It is totally unacceptable for madhesi, so government must pay high attention to address the issues. Few non madhesi has applied and already appointed under madhesi quota but state is silent now, but what if the some guy come shamelessly and apply under women quota dressing himself as a women, does the state allow or remained silent if complaint lodged against such culprits?

The state should immediately analyze the situation and declare the list of madhesi cast and communities by a cabinet decision urgently, otherwise state may face another war or insurgency if it is not addressed in time. Our government must know that basic reasons and ground of most of the civil war and insurgency are either communal and ethic issues or exclusion. So, continuous ignorance and delayed response the ethnic and communal issue in time cannot be considered as wise. Therefore, government of Nepal must constitute the high-level taskforce to investigate the mal-practices and response the distortion and impunity as quick as possible.

If the state honestly believes that madhesi should consider under inclusion than the government must start necessary urgent treatment and handling on the issue or end the so called inclusion for the madhesi to watch and see the upcoming responses from the folk of true Madhesh and madhesi. Inclusion is pure an antithesis of exclusion, so it cannot be dared to push people into more exclusion in the name of Inclusion process.

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Mr. Pushkar was a DAAD fellow and studied research master in peace and conflict studies in Germany. Also, he holds an internationally honored first class master degree in public administration. He has participated in dozens of national and (more...)
 

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