Victims' Families Challenge Supreme Court Over Alleged Discrimination in Martyrs' Recognition

Families of martyrs from the decade-long conflict have filed a writ petition at the Supreme Court, alleging discrimination and insult by the interim government led by Sushila Karki. The writ filed by them is scheduled for a hearing today in the single bench of Justice Sapana Pradhan Malla.

A joint writ was registered by Hom Kumari Bajgai Devkota of Gorkha, Barpak Sulikot, wife of Nar Bahadur Devkota who was killed by the then rebel faction CPN (Maoist) during the conflict and declared a martyr by the Government of Nepal; Kalpana Pokharel of Gorkha, Siranchok, wife of Balram Pokharel; Swastika Adhikari of Gorkha, Ajirkot, daughter of Shiva Prasad Adhikari; Indira Dwadi of Gorkha, Ajirkot, daughter of Bishnudatta Sharma Dwadi; and Advocate Gyanendra Raj Aran, son of martyr Tikaraj Aran.

The families of the martyrs from the ten-year conflict have filed the writ raising questions of discrimination in the Cabinet's decision to construct statues of 'Janajyoti' martyrs in the Parliament building, observe 'Janajyoti' Martyrs' Day every year on Bhadra 23, construct 'Janajyoti' Martyrs' statues and a 'Janajyoti' Martyrs' Park at the International Sports Complex Satdobato, and provide grants to the 'Janajyoti' Martyrs' Family Welfare Society. The writ demands a stay on the implementation of the decision, naming Prime Minister Sushila Karki, the Office of the Prime Minister and the Cabinet, the Chief Secretary, the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Youth and Sports, among others, as respondents.

The Cabinet under Sushila Karki had made decisions including placing statues of 'Janajyoti' martyrs in the newly constructed Parliament building, observing 'Janajyoti' Martyrs' Day annually on Bhadra 23, constructing 'Janajyoti' Martyrs' statues and a 'Janajyoti' Martyrs' Park at the International Sports Complex Satdobato, and providing grants to the 'Janajyoti' Martyrs' Family Welfare Society. The families of the conflict martyrs have questioned whether the decision made according to the Cabinet's decision of 2082 Magh 20 discriminates against and insults the martyrs of the conflict period.

They are also demanding the lump-sum payment of the monthly subsistence allowance meant for the families of martyrs of the historic People's Movement 062/063, covering the period from the date of martyrdom declaration, Ashar 9, 2067, until the present.

The writ states, "The sacrifice and contribution of those killed during looting and arson in the name of the 'Janajyoti' movement at the Parliament building, Supreme Court, political party offices, and police posts, and those who achieved martyrdom while working with selfless spirit for the society and the country, cannot be equal," adding, "The concept that the 4 martyrs killed in various historical periods, who are considered inferior to the 42 martyrs declared by an electoral government unrecognized by the constitution, is illegal and unconstitutional at first glance."

Families of martyrs of the historic People's Movement 062/063 are currently receiving a monthly allowance of seven thousand rupees per person. However, these facilities are not available to the families of conflict martyrs. A decision was made to provide the 'Janajyoti' martyr families with a lump sum amount of 2.834 million rupees each from the state treasury for the immediate term.

The government decided to distribute funds to the 'Janajyoti' martyr families through the 'Janajyoti Martyr Family Welfare Society' at the rate of 13 months per year for 10 years.