Rastriya Swatantra Party Accused of Violating Child Rights by Enrolling Minors as Members

Kathmandu. The Rastriya Swatantra Party (RSP), which has been strongly advocating for constitution, laws, and legal procedures, has been found to have made children party members in violation of Nepal's constitution and prevailing laws. A report presented by General Secretary Kabindra Burlaoti at the party's first national convention in Chitwan states that 35,257 children under 18 years of age are members of the RSP. However, according to Nepali law, children under 18 years are not allowed to be involved in politics. The law of Nepal, based on the constitution, stipulates that one must have completed 18 years of age to become a member of any political party. This provision is found in Chapter 3 of the Political Parties Act, 2073. The RSP has proudly announced that it has made approximately 35,000 children party members at its convention, going beyond the provisions of the constitution and the act. Following the public disclosure that the RSP has made children party members, disregarding constitutional and legal provisions, stakeholders have expressed strong objections. They have warned the RSP to immediately correct its decision, stating that if the decision is not corrected, the issue could be internationalized. Advocate Indu Tuladhar stated that no one has the right to violate the law. 'If the RSP has made children under 18 years of age party members, it is a brutal and blatant violation of the rule of law,' she said. 'Everyone must abide by the law. No one is exempt from obeying the law.' Advocate Tuladhar mentioned that the Child Act, 2075, was enacted based on Article 39 of the Constitution of Nepal. She stated that while sub-section (7) of Section 7 of the Act clearly prohibits the use of children for political purposes, the RSP has considered itself above it. 'Section 66 of the Act defines the act of organizing for political purposes or using children in strikes, blockades, traffic jams, protests, or rallies as an offense against children,' Advocate Tuladhar said. 'Section 72, sub-section (3) of the same Act prescribes a fine of up to eighty thousand rupees and imprisonment for up to three years for such an act.' Tilottom Paudel, Chairperson of the National Campaign for Children's Peace, said that the RSP has done something unthinkable by making children party members. 'This is contrary to Nepal's constitution, the UN Convention on the Rights of the Child, Nepal's Children Act 2075, the National Children's Policy 2080, and the Implementation Framework for Schools and Children as Zones of Peace 2068, among others,' he said. 'They may know the basis on which they reached such a conclusion, but it is something none of us expected.' Paudel stated that this issue could even reach the United Nations from a child rights perspective. 'The Rastriya Swatantra Party came with the slogan that old parties are incompetent and have done nothing, and that they will do better, and that they believe in the rule of law, so they must immediately correct this decision,' Paudel said. 'If they do not correct it, it is certain that the National Human Rights Commission and representatives of UN bodies will raise their voices from a child rights perspective.' Paudel said that they have been raising such issues in the past and that provisions have been made in the constitution to prevent the misuse of children. 'In the past, after we raised our voices, parties like Congress, UML, and the then Maoist Center were compelled to enact the Children Act in 2075 through the then parliament,' he said. 'Involving children in political activities is against the law.' Pravin Silwal, coordinator of the National Campaign for Child Rights, also expressed serious objection to the RSP giving party membership to children under 18 years of age. 'If children have been given membership, it is a big mistake by the RSP. We are saying that children should not even be allowed to participate in student organizations of political parties, but for a party that calls itself new, to organize children as members after opposing student organizations is the most shameful thing,' Silwal told Ratopati. He clarified that the campaign will oppose this issue with an official stance and that the mockery of the rule of law will not be tolerated. 'It is unbecoming of the country's largest political party, which is running the government, to mock the law. Those who used to call the old parties wrong have no excuse to do even more wrong now. The RSP should immediately correct its mistake,' Silwal said.