Women too should enhance capability for constitution’s implementation: Law Minister

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 – women, indigenous nationalities, Madhesi and the marginalized communities. The Law Minister also stressed on the need of implementing the constitution in its letter and spirit for ensuring the rights of all. In this connection, she suggested that the women should also enhance their capacity for the effective utilization of their rights guaranteed by the constitution.

Minister Tumbahangphe said this 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 of Nepal. 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 the conclusion can be reached on this matter only after this.

Minister for Law Tumbahangphe asserted that the constitution has fully come into 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 have been formulated in the Sudurpaschim State.

She added that legislations related to food sovereignty and right to housing are in the process of making under the fundamental rights. These 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 is cordial relations among the three levels of government and there was no problem anywhere. “The constitution itself has guaranteed the rights of the centre, the provinces and the local levels. All the three tiers of government function accordingly. This is the first time that the country has adopted federalism.

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.” Asked about constitution amendment and the calls from indigenous, women, Madhesis and Dalit communities, the Law Minister said that discussions and debates are needed for constitution amendment before reaching to 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 viewed.

“I don’t think the incumbent constitution has guaranteed limited rights to women. This constitution is not like that of previous ones. The constitution has inscribed rights of all women, indigenous people, Dalit, Madhesis and all but it is needed to go for implementation. For this, the women should up their capacity,” according to the Law Minister. Similarly, on limited participation of women in different state apparatus, she admitted that it has not been implemented though women’s participation is ensured in the constitution.

“The constitution has called for holding together for the women. Such a situation will continue until the feelings of equality develop in the minds of women and men in the leadership. Its reflection will be the same in the council of ministers and the political parties too,” she added. It was necessary to bring changes in our 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 system. It is needed to translate the provisions of Constitution and Act in the practice,” Minister Tumbahangphe said.

Responding to query over the delay in implementation of provision of providing citizenship certificate in the name of mother, she said that there is no change in mentality of Nepali people and it is still necessary to bring change in mentality and thinking. She added that laws in favour of mother, women have been formulated, saying problem has been seen to provide citizenship certificate to single women. The main thing is awareness and the provisions mentioned in the constitution should be implemented at any cost.

Similarly, regarding the vacant posts at different commissions including National Women Commission since many years, the Law Minister opined that it is not good to keep the posts of office-bearers at commissions vacant and all the commissions should get full shape. She further said that the commissions should carry out activities as per the objectives of their formation, adding that the government has not make any obstruction for the appointment of office-bearers at commissions.

Minister Tumbahangphe shared that the Constitutional Council has to recommend for appointment of office-bearers and the government does not make any obstruction for the same. Responding the 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.

The Minister further shared that she was known that most of the cases were found settled via mediation. She also as aid that cases of untouchably was decreasing day by day and new generations are alert. Similarly, addressing the query of full implementation of the constitution, she argued that the laws according to constitution were implemented. Three-tier of governments were working following coordination with their jurisdiction.

It means that the constitution is being implemented. Answering the question that what kind of message she wanted to deliver to people as Law Minister regarding the constitution on the constitution day, Minister urged all to implement it as it was achieved through a huge sacrifice of people. She appealed all to respect the constitution and no to work restricted by law and constitution for its effective implementation.