Lower House passes Civil Code amendment Bill

By Surendra Phuyal

Kathmandu, March 14 : The House of Representatives on Thursday passed a controversial Bill that guarantees equal property rights and conditional abortion rights to women with an overwhelming majority, ending months of speculations.

The passing of the Bill, which was rejected by the National Assembly—the Upper House—last year, is seen here as a historic decision, which will have a long-term impact on the otherwise conservative Nepali society. Only the male offspring are entitled to inherit parental property.

Except for Lila Mani Pokharel of the United People’s Front (UPF), all the lawmakers present at Thursday’s sitting of the Lower House voted "Yea" in support of the Muluki Ain (Civil Code) 11th Amendment Bill, while 56 lawmakers remained absent. The 205-member House voted the Bill 147-1.

"The number (147) is well over the "over 50 per cent votes" of the members present in the House required by the Constitution. So, I declare that the Bill has been passed, as per the Clause 69 (7) of the Constitution of the Kingdom of Nepal 1990," Deputy Speaker Chitra Lekha Yadav, who conducted Wednesday’s sitting, announced after the voting.

On Thursday, the House was dealing with what many women rights activists here described as the groundbreaking legislation for the second time. It passed the Bill during the last (19th) session and forwarded it to the National Assembly, which, however, refused to pass the Bill saying it was not radical enough to empower Nepali women.

Now that the Lower House has endorsed the Bill again, it does not require the endorsement of the Upper House. It will take the form of Act after it gets the Royal assent, according to the Constitution.

The Bill, for the first time in the history of Nepal, seeks to empower women by providing the unmarried ones equal rights to parental property, provides for share from husbands’ property to those who are divorced and those who are widowed, besides banning the age-old practises of child marriage and polygamy.

The Civil Code of 1963 had a provision to provide parental property only to an unmarried woman above age 35.

Most importantly, the Bill legalizes abortion of foetus up to 12 weeks under any circumstances. But that should be done with the husbands’ consent and with the help government authorized paramedics or surgeons. The Bill also allows the victims of rape or incest to abort the foetus till 18 weeks.

Yet women’s rights activists said after the voting that there are many "loopholes" in the Bill that needs to be corrected, and that they will lodge a petition at the Supreme Court seeking correction or re-amendment of the "groundbreaking legislation".

Professor Dr Shanta Thapaliya, who witnessed the historic voting in the House of Representatives told The Kathmandu Post: "We welcome the endorsement, but the Bill still has many loopholes such as it has no mention of whether or not a daughter is entitled to aputali (property that remains unclaimed after the death of a lone family head)."

She added, "Such shortcomings give rise to legal complications. Besides, the Bill also requires a woman to return her parental property after she gets married. This is not fair, so we are intent on continuing our fight for equal rights. We will knock the door of the Supreme Court soon after the Bill gets Royal assent."

Advocate and women’s rights activist Sapana Malla Pradhan said that the Bill has ensured basic rights to Nepali women. "We think that this is a major achievement," she told The Kathamndu Post. But, she said, "Only passing the bill does not ensure solutions. Enforcement is very important."

Speaking in the House before the voting, most of the ruling Nepali Congress (NC) and the main opposition CPN-UML lawmakers emphasized the need to pass the Bill and empower Nepali women. However, Pokharel of the UPF lambasted the government for "abruptly breaking the Bill’s backbone".

Eighteen of the 56 lawmakers who were absent during Wednesday’s voting belonged to the Terai belt, where marriages between Nepalis and Indian nationals are common. None of the five Nepal Sadbhawana Party (NSP) lawmakers was present during the voting.

Only two lawmakers of the Rastriya Prajatantra Party (RPP) were present. Three female lawmakers—Kunta Sharma, Tirtha Gautam and Urmila Aryal of CPN-UML—were also absent.

The controversial Bill was first tabled in parliament during its 10th session six years ago. No effort could push it through until the 20th session. But even then the National Assembly returned it to the Lower House for reconsideration.

Govt to call Interkarft for final negotiations

By Prem Khanal

KATHMANUD, March 14 : The crucial meeting of the privatisation committee held today has decided to invite Interkraft Nepal to negotiate for the hand-over of the 30-megawatt Butwal Power Company (BPC), one of the few profitable state ventures.

"The meeting has decided to invite Interkraft Nepal for final negotiations as the preferred bidder," Bharat Kumar Shah, Minister of State for Finance told The Kathmandu Post immediately after the meeting.

The meeting also decided to form a three-member negotiation team comprising secretaries at the ministries of Finance, Water Resources and Law and Justice, which will invite the power developer for negotiations within seven days.

Interkraft Nepal, a consortium led by Norwegian power developer along with several Nepali partners including Jyoti Group, it its financial bid had quoted Rs 950 million, which includes Rs 874.2 million in Nepali currency and US$ 1 million to purchase the 75 per cent shares of the BPC. Of the total amount, Interkraft Nepal had proposed pay 70 per cent of the amount while signing the final agreement while the rest within two years.

Independent Power Company Nepal (ICP Nepal), a consortium led by Chaudhary Group along with other Nepali partners and the only closest rival to Interkraft Nepal on the ground to win the BPC battle had quoted Rs 866 million.

The meeting of the 15-member privatisation committee chaired by both the Finance Minister and Water Resources Minister that began yesterday was extended till today for detailed discussion on the report submitted by a committee formed to evaluate the financial bids of the two rival consortiums. Other members included top government officials, representatives from the private sector and from the opposition party.

As per the decision reached today, the sub-committee will present its final negotiation report to the privatisation committee and then the committee will make its final recommendation to the cabinet for the final hand-over.

"Among others, the sub-committee will negotiate with the preferred bidder to clarify some of the confusion related with the information memorandum that it has submitted," said a source of the Ministry of Finance.

"The committee has decided to invite Interkraft Nepal as it was the highest bidder for BPC," said Dr Dilli Raj Khanal, member of committee and opposition lawmaker.

The three-year long of the BPC, the longest and most controversial privatisation venture was started in 1998 by calling a global tender. However, the overall process was not without controversies.

The latest one was seen in the second round of bidding, which was completely scrapped by the meeting of the privatisation committee held on September 10 on the grounds that there were some serious technical mistake in the financial bid submitted by the consortium led by Interkraft Nepal.

During the second round of bidding, IPC-Nepal, and Interkraft-Nepal were the only two parties to submit their tenders. But the technical bid of the ICP Nepal was ousted on technical grounds leaving Interkraft alone in the battlefield.

Later, the financial bid of Interkraft was also declared disqualified as amount quoted in words and numbers differed in its financial bid. Even earlier, in December 1999, the government had scrapped the first tender call after it got bogged down under heavy controversy shrouding the same rival groups.

NBL board suspended

Post Report

KATHMANDU, March 14 : Nepal Rastra Bank (NRB) has suspended the Board of Directors of Nepal Bank Ltd. (NBL) effective from Friday. The decision was taken by the board meeting of the central bank on Thursday.

According to highly placed sources at the NRB, official information regarding the suspension of the NBL board would be given only on Friday.

"The NBL board did not protect the interests of depositors and investors and did not work in accordance to the directives issued by the central bank. Hence, its suspension," said the source.

The NBL board’s suspension comes in the wake of the wrangling between the NRB and the NBL over the latter’s management handover to the Irish ICC bank.

While the NBL board had expressed dissatisfaction over its management handover to the ICC bank, accusing the central bank of not seeking its consent prior to the decision, the NRB, on the other hand, had demanded clarification from the NBL board members "as to why it should not be dissolved."

Govt to introduce bills on corruption control

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KATHMANDU, March 14 : The cabinet meeting decided today to introduce two crucial Bills on corruption control in the parliament.

According to a cabinet source, the Corruption Control Bill, 2002 and Commission for the Investigation of Abuse of Authority (CIAA) (Second Amendment) Bill, 2002, will be introduced in the Lower House of the parliament soon.

The government had withdrawn both the Bills on February 13. The Bills were under consideration at the parliamentary States Affairs Committee (SAC), with a view to introduce new bills in the parliament.

Despite government’s commitment to introduce another Bill on impeachment procedures it has not mulled yet over.

The cabinet source said that the Impeachment Bill was still at the Ministry of Law, Justice and Parliamentary Affairs.

The opposition members of the parliament had agreed to the proposal of Home Minister Khum Bahadur Khadka for withdrawal of the Bills as Khadka promised to introduce three Bills simultaneously.

The cabinet members at the meeting also suggested Prime Minister Sher Bahadur Deuba to highlight during his upcoming India visit the issue of operating the broad- gauge railway to Brigunj. The railway was built with Indian assistance and was completed last year but has not been operated due to delay on operation of the rail service.

More than Rs 730 million have been spent in constructing the dry port but it still remains unproductive.

The issue of operating the dry port was raised by the Nepali authorities at different phase of the trade talks with India.

Ex-armymen urged to join APF

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KATHMANDU, March 14 : The Headquarters of the Armed Police Force (APF) today issued a notice asking ex-armymen – from helpers to senior officers – to join the APF on contract basis.

According to the notice published in a national daily on Thursday, the APF has asked altogether 1,953 applications from retired Lieutenant Colonel to Pipa (helpers). It is also stated in the notice that the contract will go for two years.

The notice was first published on February 26. But, the second notice was issued as anticipated number of applications did not arrive.

The notice has been published at a time when a large number of army and police personnel, fearing the escalating Maoist assaults, have showed their reluctance to continue with their work.

A question of identity: To be or not to be a ‘Dalit’

By Razen Manandhar

KATHMANDU, March 14 : Dozens of underprivileged communities known as "Dalits" have been fighting for their basic rights since a long time, and this goes back even to the Panchayat era.

But in this long drawn fray, it seems like some powers-that-be want to bring in those subjects who do not even want to be called Dalits, leave alone even being known as one.

A recently tabled Dalit Commission Bill of 2058 defines 24 marginalised communities as Dalits. Among them, four Newar communities - namely the Khadgis, Kasais, Podes and Chaymes - are also included in the list.

However, these communities deny that they are Dalits. They say they prefer to compete in society rather than ask for reservations from the government. Community leaders from these groups have now warned of stern protest actions if they are not withdrawn from the list.

Shyam Krishna Khadgi, the general secretary of Nayaa Khadgi Samaj Nepal, said they have been asking the Dalit Committee to eliminate their names from the list but nobody seems to bother.

"If some like to take advantage of being Dalits, we don’t mind. But since we don’t want to be so, we strongly demand that the government take out our names and let us live and be a part of the competition with life," Khadgi urged.

He said that though there are complicated divisions within the Newar system, it is different from the system of casteism and untouchability, so they must not be treated on the same terms.

"Where the goldsmiths in the Hindu system are untouchables, they are like priests in ours. Those that the government consider as Dalits are priest in many temples of the Kathmandu Valley. They cannot be taken as untouchables who are not allowed into temples," said Khadgi.

Khadgis, Chayame (or the Deulas) are priests of many temples like that of Taleju, Guheshoari, Bhadrakali, Maitidevi, Indrayani and many more.

Similarly, Shiva Hari Deula, the Chairperson of Deula Society Nepal, said that all citizens have obtained equal rights after the restoration of democracy in 1990, and the whole concept of Dalit itself is illegal.

"We thought that all citizens are equal in democracy but still, there are people who want to keep the idea of discrimination alive and the term known as ‘Dalit’ is their own creation." he said.

The four communities have united to continue their protest and other community organisations have expressed their solidarity to have the names of Khadgis, Kushles, Podes and Chaymes withdrawn from the list of so-called deprived communities.

Chairman of the Nepal Bhasa Mankaa Khalaa, Padma Ratna Tuladhar said that the voice of the concerned four communities are the biggest evidence that they are not Dalits.

"In democracy, nothing should be imposed upon anybody. It would have been something different if they agreed, but the voices are coming from their side, the government must listen to them."

The vice-chairman of the Committee for Upliftment of Deprived Communities (CUDC), Prof. Man Bahadur BK said that the Committee does not have any rights to change the list at the moment, but he said he could empathize with the issue.

"All people in a democratic state have rights to name themselves as they like. If the whole community thinks that they should not come under the banner of ‘Dalits’, they can stay away," said BK.

Joint-secretary at the Ministry of Local Development, Surya Sharan Regmi said that any community should not be called Dalits against their will.

"Some delegations have visited me. We will certainly withdraw their names after we are convinced that it is really the voice of the whole community," he said.

Ali Miyan felicitated

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KATHMANDU, March 14 : Taranath Ranabhat, Speaker of the House of Representatives, felicitated folk poet Ali Miyan, Nepal’s living legend, at a programme here today.

Folk poet Miyan,who is 85 years old, has been serving folk culture for the last 60 years. He has published ten books on folk songs and folk poems along with his own biography.

At the programme, he was presented as a figure representing religious mutual understanding.

Miyan, known as a revolutionary, had fought for democracy during the rule of the Rana regime. He used to sing revolutionary songs and songs for the poor and oppressed people. He is appraised mainly for his contributions for the uplift of the society and the nation.

Speaking at the programme, Speaker Ranabhat said, "Most popular voice of the Gandaki zone is Ali Miyan’s whose contribution in all the aspects of political, cultural and literary fields is immense. He is a Muslim but believes in all the religions and mostly in the mysteries of humanity. He is a modern representative of religious understanding."

"I have been his fan from infancy. He used to come to our school on Fridays, where pupils would try to mimic him with his beautiful poems, but in their own interpretation", recalled Ranabhat.

At the programme, he was rewarded "Bhisma of folk poem". Dr Durga Prasad Bhandari and other politicians said, "Ali should be regarded not only the representative of mutual religious understanding, but also a symbol of Nepali culture."

Tulasi Diwas, a reknowned litterateur, said, "Culture is always used by the country as intertaining tools and people are not left behind in worshipping stones but not artists and the real architect of statues. Ali, nearly neglected and not formally educated, served the country in different aspects," he wished to expand felicitation programme of Miyan in national level.

Most of the participants insisted on the need of felicitating other faithful servants of the country, too, who served for years from Mechi to Mahakali.

Ali Miyan Lok Sahitya Sanrakshyan Kosh (folk literature conservation fund) was also formed for the benefit of artists like Miyan at the programme.

Her Majesty inaguration

KATHMANDU, March 14 (RSS) - Her Majesty Queen Komal Rajya Laxmi Devi Shah inaugurated the 1st conference of the Paediatric Association of SAARC countries and the 11th Nepalese Congress of Paediatrics amidst a function here today. His Royal Highness Crown Prince Paras Bir Bikram Shah Dev was present on the occasion.

Chairman departure

KATHMANDU, March 14 (RSS) - Chairman of the National Assembly Dr Mohammad Mohsin left here for Marakesh, Morocco to take part in the 107th conference of the Inter Parliamentary Union (IPU) to be held from today till March 25 at the head of a nine member Nepali delegation.

TU result

KATHMANDU, March 14 (RSS) - Tribhuvan University has published the results of the BL (first year) and three-year B.Sc. (first part) examinations held in the month of Bhadau.

PM Relief Fund raises controversies

By Seema A Adhikari

KATHMANDU, March 14 : Despite the official claim over the effectiveness of the recently set up Prime Minister’s Relief Fund for providing assistance to Maoist victims, including the security personnel, their families and civilians, a suspicion hovers over the manliness of the Fund as the lowly-paid employees are reluctant to make their contribution to the Fund.

Main sources of income for the Fund is a compulsory contribution of the employees of the government, judiciary, army, police and public utilities.

"The government should not force anyone else to contribute to the Fund," says a Police Constable of the Police Headquarters requesting anonymity. "Even if we don’t want to contribute, we can not do nothing because the government will deduct from our monthly salary."

Similarly, a junior employee at the Ministry of General Administration expresses his fury over the government decision. He said, "I doubt over the proper and impartial disbursement of the fund for which we are made to contribute to it at the cost of our family."

On the other hand, speculation is rife that the Fund could be misused for the sake of the ruling party cadres. Some of the low-rank policemen are also doubtful that they would not receive any support from the Fund.

The Fund is headed by, Damodar Gautam, former Chief Secretary. Other members include Secretary at the Prime Minister’s Office, Sri Kant Regmi, and Rabi Bhakta Shrestha, President of the Federation of Nepalese Chambers of Commerce and Industry.

While speaking on Wednesday’s meeting of the National Assembly, lawmaker Bachaspati Devkota of the CPN-UML, raised his suspicion over the possible misuse of the Fund and irregularities.

The Cabinet on February 25 had decided to slash a certain amount of money from the monthly salary of all the government employees – from gazetted to non-gazetted officials – to financially assist the Maoist victims and their families through the Fund.

As per the decision, all the government employees have to contribute to the Fund from one to seven-day salary, depending upon their position.

Special-class officials that also includes the secretaries were to donate their seven-day salary; the first class officers five-day salary, the second-class officers four-day and the rest were to contribute three-day salary.

Similarly, the non-gazetted employees have to contribute two-day salary and employees without any rank – peons and others – are compelled to loose one-day salary.

Other organisations and individuals can also voluntarily extend their financial support to the Fund. According to information made available by Prime Minister’s Office, Rs. 1,099,000 has been collected to the Fund’s accounts.

The PM’s Office has also appealed to the public to extend their wholehearted support at the time of national crisis, and claim that individuals have been showing willingness to the PM’s candid appeal.

The Office, however, has said the modalities of using the Fund are yet to be developed.

"The support is pouring in from all walks of life," Regmi says. "There are so many people showing their solidarity and others are directly depositing in the Fund’s accounts."

Regmi says this is the time to show solidarity for the sake of the country and its people. "All the people should be co-operative for this project because the state is facing an unprecedented crisis," Regmi adds. "As long as the problem of Maoist insurgency is drawn-out, the project will keep on going."

The government has also decided to contribute Rs. 10 million in the PM’s Relief Fund accounts. Also, the Prime Minister, the ministers and the state ministers have decided to donate one-month remuneration.

Security personnel of the Royal Nepal Army, Armed Police Force and the Nepal Police will also have to contribute a certain amount of money as per their positions in their respective services, said a top-ranking police officer at the Valley Police Office.

According to a rough estimate, there are around 94, 000 civil employees, around 45,000 Royal Nepal Army personnel, and around 55,000 police personnel from both the Armed Police Force and the Nepal Police. Similarly, 10,000 workers are associated with the judiciary and 60,000 people are working in the state-owned public utilities.

‘Amendment in present Constitution essential’

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KATHMANDU, March 14 : President of the ruling Nepali Congress Girija Prasad Koirala said that the Constitution amendment has now become essential in order to deliver a positive message to the people that the parliament can address their aspirations.

"It will send a positive message to the people and the extra-constitutional forces that the parliament is the sole authority to bring about positive changes in the Constitution," said Koirala. "We have to show them (the Maoists) that parliament can amend the Constitution as per the people’s wishes."

Koirala also stressed the need for unity among the parties abiding by the Constitution to bring the Maoists into the mainstream politics. "The problem ultimately boils down to the negotiating table," Koirala said, adding that the bullet is not the way out for the political problems.

He was speaking at a workshop on "Media and Constitutionalism" organised today by Federation of Editors and Publishers, Nepal.

General Secretary of the Communist Party of Nepal – Unified Marxist Leninist Madhav Kumar Nepal said that the amendment in the present constitution was essential to stop it from being abrogated. "The logic against Constitution amendment is meaningless as most of the people have favoured the amendment," said Nepal.

Kamal Thapa of the Rastriya Prajatantra Party slammed the "so-called Royalists", who are still reminding tripartite balance of power prevailed during the formulation of the Constitution. "The role of the King is clearly mentioned in the Constitution and there is no need of drawing the King into controversy," said Thapa.

Prakash Sharan Mahat, advisor to the Prime Minister, asked all to participate in an open debate on the amendment of the Constitution. "As it is the fundamental law that determines the country’s political system, it should also represent the views of all sectors of the society." He also suggested for not undermining the achievements of the last 12 years and sending negative message to the people about multiparty polity.

9 Maoists shot dead in encounters

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KATHMANDU, March 14 : The Defence Ministry today said that security forces gunned down nine Maoist rebels in separate incidents of encounter in four districts on Wednesday.

In a press statement issued by the Ministry, two rebels were killed at Rumpakhani, one rebel each in Khahare Khola and Mulpani areas of Baglung district yesterday.

Likewise, two rebels each were shot dead in exchange of fire in Dhairung area of Gorkha and Lalbojhi area of Kailali districts. One rebel was shot dead in Charneta area of Pyuthan district yesterday, the statement said.

Soldiers of the Royal Nepal Army also confiscated firearms, equipment for conducting electric ambushes and various types of crude bombs from the sites of encounter. Two Maoists were taken into custody from Lalbojhi area of Kailali and the other one from Luham area of Salyan districts.

On Wednesday, the security forces safely defused a 25-kilogram of explosive buried under the ground in Luham area of Salyan. Similarly, a large amount of explosives and detonators were also seized from a Maoist-hideout in Setidobhan area of Kaski district yesterday.

In a separate statement issued here today, the Defence Ministry has appealed to people to remain cautious about the possible army actions against the "terrorists" at any place and time across the country so that lives and property of the ordinary people could be spared from crossfire.

The Ministry has also requested the people to pre-inform the security forces stationed nearby their area if they were to conduct any functions like weddings, religious activities or cultural rituals.

Meanwhile, issuing a strongly worded press statement here today, the central office of the ruling Nepali Congress condemned the murder of Ram Mani Gyawali, 55, who was a convention member of the party and chairman of the Kerunga VDC in Arghakhanchi district. A group of armed-rebels had hacked Gyawali to death after dragging from his home yesterday.

Our reporter in Bhairahawa said quoting the locals that the rebels had cut Gyawali’s body into pieces. The rebels also set two houses of his neighbour on fire with explosives before fleeing the scene. Communications from the district have been disrupted after the rebels destroyed a repeater tower in Resunga of Gulmi district a few days ago. Gyawali’s last rites would be performed on Friday.

The NC press statement has also demanded the government take stern action against those responsible for Gyawali’s killing. NC President Girija Prasad Koirala was also "stunned over the brutal killing" of the convention member, the statement further added.