India is encouraged by some recent steps taken by
Nepal’s political parties to address the grievances of a major section of its
population about the country’s new constitution. But India is firm that it will
only support a charter that takes into account the aspirations of these
sections, Mint has learnt.
India-Nepal ties have worsened over the issue,
but India is willing to accept this temporary setback as it takes a long-term
view of the future of Nepal and bilateral relations.
India feels that ignoring the sentiments of a
large section of the population will create an unstable Nepal, with China
possibly taking advantage of the divisions between the two groups by supporting
the ruling elite hill tribes. According to India, the time to persuade key
political parties in Nepal to change the constitution is now and not later,
when the situation may deteriorate further, Mint has learnt.
The tough Indian stance comes as the Madhesis,
Tharus and Janajatis have been up in arms against the new constitution which,
they feel, tilts the balance in favour of the upper caste hill tribes.
The controversy comes in spite of two visits by
Prime Minister Narendra Modi to Nepal to reverse what was called years of
neglect of Nepal by New Delhi.
The strained ties over the constitution, coupled
with a reported blockade by India of land routes into landlocked Nepal, has
invited comparisons with a similar situation in 1989. In that year, India
abruptly shut 19 of 21 border crossings with Nepal for 13 months because of
disagreements over a trade and transit treaty.
India’s present position is that it has not
imposed a blockade. However, trucks and commercial vehicles carrying fuel and
supplies into Nepal cannot proceed as protesters are squatting on the roads,
impeding movement. There were 5,375 trucks waiting at the India-Nepal border at
five entry points on Wednesday.
Keenly followed by New Delhi, the Nepalese
government recently introduced two amendments to the constitution that provide
for delimitation of constituencies on the basis of population and proportional
inclusions in the organs of the state. If passed by parliament this week, it
could address some of the grievances. As it stands, the new constitution does
not allow naturalized citizens and citizens by birth, but only those by
descent, to hold any high office. This excludes many Madhesis who have family
ties with India.
Other measures include payment of compensation
for those protesters who were killed in firing by the security personnel.
The constitution that was adopted on 21 September
seeks to divide the Himalayan country, sandwiched between India and China, into
seven states. It seeks to install a federal model in which 60% of lawmakers
would be elected directly, while the rest would be elected in proportion to the
population of the seven yet-to-be-created federal states. The Madhesis—who live
in the subtropical plains of Nepal— fear that the constitution does not
safeguard their rights.
More than 40 people have been killed in protests
in the country since August when the draft constitution was made public.
According to some estimates, the Madhesis, Tharus and Janajatis, along with
some other smaller groups, make up almost 51% of Nepal’s 27 million people.
India is of the view that the new constitution
incorporates federalism, republicanism and multi-party democracy but does not
have broadbased ownership. Should the feeling of marginaliztaion become more
entrenched, India fears Nepal could slide back into civil war.
Nepal saw a left-wing insurgency during 1995-2005
aimed at overthrowing the monarchy. In 2006, the government and the Maoist
rebels signed a peace deal and in 2008 the country was declared a republic.
The thinking in India is that the interim
constitution made public in 2007 had far more agreeable language and articles
than the present one that has been seven years in the making.
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