KATHMANDU : Minister for Law, Justice and Parliamentary Affairs, Dr Shiva Maya Tumbahangphe has said that the present constitution has not discriminated against any gender, caste or linguistic community in any way.
She stressed that the constitution has guaranteed the rights of all, including those of women, indigenous nationalities, Madhesi and marginalized communities.
In an interview given to the Rastriya Samachar Samiti (RSS), the National News Agency today in the context of the five years of the promulgation of the constitution, she stressed on the need for implementing the constitution in its letter and spirit for ensuring the rights of all. In this connection, she suggested that the women should enhance their capacity for the effective utilization of their rights guaranteed by the constitution.
The present constitution framed by the people-elected Constituent Assembly was promulgated on September 20, 2015. On the question of amending the constitution as demanded by some indigenous nationalities, women, Madhesi and Dalits, she said discussions and debate should be initiated at the political level for this and conclusions can be reached only after then.
Minister for Law Tumbahangphe asserted that the constitution has come into full implementation now as the laws required for this have been already enacted. She said 158 such laws have been enacted at the federal level, 26 laws have been enacted in State 1, twenty-one laws have been enacted in state 2, twenty-four laws in Bagmati State, 27 laws in Gandaki State, 31 laws in State-5, twenty-one laws in the Karnali State and 27 laws in the Sudurpaschim State.
She added that legislations related to food sovereignty and right to housing are in the process of being put under the fundamental rights, but have been slightly delayed due to the coronavirus pandemic. Refuting comments that the central government has not been cooperating with the state and local governments in formulating laws, the Law Minister said there are cordial relations among all three levels of the government and there have been no problems anywhere.
“The constitution itself has guaranteed the rights of the centre, the provinces and the local levels. All three tiers of the government function accordingly. This is the first time that the country has adopted federalism, so it might take some time to study and formulate laws related to it. The federal government has been fulfilling its coordinating role in this connection.”
When asked about the constitution’s amendments and the calls from indigenous, women, Madhesis and Dalit communities, the Law Minister said that discussions and debates are needed for amendments before reaching a conclusion. The constitution has guaranteed rights to all and it has not discriminated to none on the basis of their sex, ethnic or lingual groups, she said.
“I don’t think the incumbent constitution has guaranteed limited rights to women. This constitution is not like previous ones because it has inscribed the rights of all women, indigenous people, Dalit, Madhesis but in order to be implemented, women should build up their capacity,” according to the Law Minister.
Similarly, she added that the constitution has not necessarily been implemented even though women’s participation is ensured in the constitution. It is necessary to bring changes in minds and political parties too, she stated. “I was thinking how I can address the issues of women after coming to this ministry. Currently, efforts are ongoing to develop laws and systems. It is needed to translate the provisions of Constitution and Act in the practice,” Minister Tumbahangphe said.
Responding to a query over the delay in the implementation of the provision of providing citizenship certificates in the name of a mother, she said that it is necessary to bring changes in mentality and thinking. She added that laws in favour of mothers and women have been formulated, and that the problem is with providing citizenship certificates to single women. The main thing is awareness and the provisions mentioned in the constitution should be implemented at any cost.
Regarding the vacant posts at different commissions including the National Women Commission for many years, the Law Minister said that it is not good to keep the posts of office-bearers vacant. She further said that commissions should carry out activities as per the objectives of their formation, adding that the government has not made any obstructions against the appointment of office-bearers at commissions.
Responding to a query on not effective implementation of the laws regarding the untouchably, she said that it was a crime and the victim also should be aware of filing complaints against such activities for the effective implementation of laws. On the occasion of constitution day, the Law Minister Minister urged everyone to implement the constitution, as it was achieved through a huge sacrifice of the people. She appealed to all to respect the constitution and not to work against it in order for its effective implementation. (RSS)
