Constitution Drafting: Dark Sides

May 15, 2012

Constitution Drafting: Dark Sides
Less than a fortnight from now, we should have a new constitution. The thing that had to be accomplished two years earlier, finally ending up, and, it has to be happy ending for all. I don’t blame any single leader thereby for the delay in the constitution making; rather blames should be turned to  ourselves for giving a damn to their buffoonery and supporting their delays. Why would a farmer want to cut his hen that gives him a golden egg every day? Only if by delaying, they would gain regular salary, who among entire 601 wants to complete it before time and keep their source of income in danger. Thanks to honorable Supreme Court, everything seems to be possible now!
Better late than never! It the nonsense talks of another extension is shunned and the never ending spell of non decisive talks is wrapped up, we must be getting a new constitution. Should that happen, we will welcome a brand new day for sure.
There, however are some dark sides of the exercises that are taking place among the parties, and inside the CA. The decision of not sending the draft constitution out for public perusal will never let that figure out, and the citizens will have to accept it whether it is satisfactory or not. Will there be any personal benefit for citizens? Will they feel happy for getting out into the street during the Peoples Movement II after seeing the constitution or will they regret for their walks that they made at that time by getting out into the street? The answer will be displayed soon.
What will be the use of this constitution if the citizens don’t get to feel it? A farmer working in his farm in some remote part of Makwanpur says, ‘Khai babu, ke bhanam, hami garib lai sambidhan aye pani ke, na aye pani ke?’ (Oh dear, what to say, there is no effect for we poor whether there be any constitution or not!) This will show the clear failure of constitution and 601 costly peoples who had been making so much ado about nothing for last four years. Until and unless every single individual gets to feel it, any constitution will not be credited with the name of successful constitution.
Protests from various groups, burning of constitutions or even a day strike need to be expected at these times, because it is never possible to satisfy entire people of the country through the document.
However we need not to forget the worst part among all, the dark side of Peoples Movement I back in 2046 that gave birth to terrorism, and kept the country ten years backward. Those ten years of loss is less likely to get recovered. The dissatisfaction within the then constitution was the main cause of ten years of internal conflict, which the world viewed with the vision of terrorism. Mashal, the party went through split and finally took the shape of Mao’s follower under the name of Maoist. It was all the product and outcome of the dissatisfaction of the then constitution. Now, will the present new constitution be able to satisfy entire citizens? Or, will it again give birth to new terrorism? Even if it does, the present constitution maker will have to be responsible for it, and they certainly cannot skip making some silly excuses thereby. The recent bomb blast in Janakpur killing peoples can be viewed as the beginning point of next terrorism from those suspicious eyes.
Another possibility of the negative outcome of this constitution can be a huge protest against the border design. Strike in the Far West is already a symptom for this, or the recent strike affecting capital as well as other parts of Nepal can be taken as next burning issue for it. Demand of Birgunj to be capital of a state in Terai is next burning issue. No matter what sort of border division is made, the ultimate result is likely to end up in dissatisfaction. So, when dissatisfied, they can drop down into the streets seeking for some new demands. ‘Call Mechi a separate state’, ‘Call Mahakali a separate state!’, can be the examples of these demands. New People’s Movement like Madesh Agitation can possibly take place. First reason for such agitation can be the dissatisfaction that took birth due to the discriminated federalism, and second, it is likely to take the peoples in the front into overnight power. Upendra Yadav would certainly be Chief Minister if he came up with the demand of new state in his region and got succeed. A new battle for the power within the state is likely to be followed. Nepal is the country where the protests and strikes are getting real common. Now, can the goods in transit in Birgunj reach its destiny from Charikot if the state around Birgunj is called for strike? There is only a highway, Mahendra Highway in the country. Now, the strike in one state is sure to affect the life of other. What has the concerned peoples thought regarding it is yet a mystery.
Cannot Nepal go through the case of Sudan where the declaration of constitution from one side will be rejected by the other with the change in power again? The rejection of the constitution designed by Numyari and Al Bashir can be repeated by the rejection of the constitution designed by Maoist or Congress or UML. The last hour so called unity although shows the reduction in this probability. But, that no way means that the constitution will be a success and the history of Sudan will not be repeated in Nepal.
A flux constitution would be nothing more than an apology for the constitution maker and regret for those citizens who elected them for the task. Nepal is not a developed country, and the loss of ten years has pushed the country far below that its original place. So, the development has to begin from zero level after getting divided. No, I am not a pessimistic, but in order to be a brazen, one has to view both the positive as well as the negative aspects. I was once told, if you want to be successful businessman, view the future from extreme negative point and gradually come down to the positive point. The case is not just within the business, but equally fits in this case as well.
Finally, we are about the have the written constitution as well; let that create peace and harmony in the society. Let that be for the betterment of the country and its people, let that satisfy everyone.


Published in The New Paper dated May 15, 2012

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