There is no independent civil society in Nepal, all could be found engaged in political activities

Advocate Sher Bahadur K.C

Mr. Sher Bahadur K.C hails from Dang district. He is at the moment associated with Nepal Law Campus, T.U and teaches International Law to graduate level students. He is also an Advocate of national standing. As would be evidently clear from his expressions, Mr. K.C finds himself comfortable with Nepali Congress politics. During his student days Mr. K.C was associated with Nepal Students’ Union, one of the major sister organization of the Nepali Congress.

Last week, we approached this renowned advocate for a tete-a-tete to which he readily agreed. Below the results: Chief editor.

TGQ1: How you Mr. K.C assess the years of the "democratic system" in this country? Your comments please!

Sher Bahadur K.C: Nepali people, let me tell you very frankly, were very lucky to have democratic system in the country. So the democratic years were full of luck to them. Because we got political freedom and Nepal joined the ranks of the democratic countries in the world. The people and the King have adopted the present constitution. The constitution has established the fundamental rights of the people and those rights enshrined in the constitution are protected by the nation’s apex court that is the Supreme Court. Nepalese people are equal in the eyes of the law; possess association of political organization and right to privacy and etc. Nepalese courts have become more powerful organs according to the constitution. The Supreme Court has protected fundamental rights, can review the laws, which is made by the legislative. That is why the past years of democratic system in Nepal could be described as golden years for the Nepalese society.

We have one of the best constitutions in the world. Our constitution has abolished the death penalty.

Afer the restoration of multi-party democracy, many political parties have come in to being. The main political party is the Nepali congress and others are, for example, the RPP and the UML.

The inability of both the ruling and the opposition parties are to be held responsible for the present chaos.

TGQ2:How you view the next general convention of the NC? Will there be any tussle at time of the convention for the post of the presidency? How you would comment Mr. K.C?

Sher Bahadur K.C: Nepali Congress is the only democratic ruling party. The party has its own constitution. The whole ongoing process is as per the internal constitution of the party. NC party has senior leaders like Rt. Honorable G.P.Koirala, former Premier K.P.Bhattarai. After the restoration of the democratic order in the country, the Nepali congress has been utilizing internal elections in a democratic manner and other activities of the party as well. In the NC party there is no differences of ideologies as such in and among the leaders. However, the differences are there for leadership as to who will be the next suitable leader from the second generation. There is no personal conflict, what you have said in your question, among the leaders.

TGQ3: How do you view Mr. KC the current political crisis and the Maoists activities in bringing the nation to a halt?

Sher Bahadur K.C: The Maoists problem is becoming serious by every day. Maoists, however, in my opinion are doing illegal rather than the political activities. Political parties should not believe in the deaths and killings of the people. The Maoists have captured villages by means of the arms and not by ideologies as such. They created people’s government, but can they give stability to the government they have formed? The insurgents do not believe in the present constitution of the nation. They wish to create a Republic in Nepal. Is it possible in Nepal? Most of the activities done by the Maoists are not suitable for a political party. The insurgents should convince the people peacefully about their ideas. They possess the right to organize a political party and could resolve the problem peacefully. They should give up the ongoing arms struggle. A Nepali must not kill any other Nepali. The Maoists and the government should come to the dialogues to sort out the issue. The problem must be solved on the table. The people should not run away from facing the problems of the country. The people should participate in the ongoing democratic process of the country.

TGQ4: A strong and vibrant civil society is needed for the smooth functioning of a democratic system. However, the fact is that we do not have a strong civil society and hence they are not competent enough to act as a pressure group because of their political biases? What would be your suggestion in this regard! How civil societies should work for the benefit of the marginalised section of the Nepali society. Your comments please.

Sher Bahadur K.C: In our society, there is no Independent Civil Society. All the civil societies operating could be found engaged in political activities. Civil societies form the basis for democracy indeed. I haven’t seen any independent civil society worth the name. Let us start the formation of independent societies or for that matter the pressure groups and work for the protection of the constitution of Nepal.

TGQ5: That the Nepali media is also a biased lot and has been in one way or the other confusing the people through their politically motivated reporting and stories! Civil society is biased; the government failed to check corruption and has not been able to deliver goods to the people, under such circumstances how the people will take the advent of the new order? Don’t you think that the people possess every right to question the very viability and the suitability of the system now in force? Your opinion please!

Sher Bahadur K.C: Undoubtedly, media is the fourth organ of the state. After the advent of the democratic order in the country, the Nepali media has played its due role in strengthening the order. Most of the Nepali media, to my knowledge, are serious in protecting the rights of the people. However, some media in Nepal have become political and that way has become biased. The media should function under the constitution and the rule of law.

The people possess the right to question the doings of the government. However, question could also be asked as to whether the people have fulfilled their constitutional duties expected of them? Yet, in my opinion, the government and the people must jointly work for the common cause of democracy.

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