Nepal | July 07, 2020

New bill will render Madhesi Commission toothless: Lawyers

Himalayan News Service
Share Now:

Kathmandu, October 6

The government has registered a new Madhesi Commission Bill in the Parliament Secretariat with the objective of protecting the interests of Madhesi community as envisaged by the new constitution.

power-soughtThe bill states, among other things, that Madhesi Commission shall make recommendations to the government about the overall situation of the Madhesi community and policies required to change the community’s situation for the better.

The bill also proposes that the commission shall review, monitor and evaluate policies related to Madhesi community and shall recommend programmes in order to conserve and promote Madhesis’ language, script, culture, history, transition, literature and arts.

Lawyers, however, say the bill does not propose to give powers to the commission that it would need to do the required job.

Former vice-president of Nepal Bar Association Surendra Kumar Mahto said the bill did not propose to give powers to the commission to take punitive actions against institutions for failing to ensure Madhesis’ inclusion and human rights violation of Madhesis.

“Madhesi commission should have three types of powers to make recommendations, to issue directives and to prosecute the rights violators,” Mahto said, adding that the bill did not intend to give the much needed powers to the commission.

He argued that without powers to issue directives and take punitive action against those who fail to ensure Madhesi inclusion and those who violate Madhesis’ human rights, such a commission could not act more than a symbolic body.

Mahto said there were some that were misinterpreting the constitution’s provision of reviewing the commission after 10 years. “Review does not mean that the validity of the commission would be reviewed after 10 years, the aim of the constitution is to review whether or not the powers given to the commission were enough to do the assigned job,” Mahto argued.

Human rights lawyer Dipendra Jha said the bill was flawed because it intended to keep the commission under the Ministry of Federal Affairs and Local Development as it proposes in Section 23 that the commission will communicate with the government through the Ministry of Federal Affairs and Local Development.

Jha said the commission should have powers to act on complaints filed by Madhesis against the violation of their rights and the constitutional body should also have powers to blacklist institutions if they ignored the commission’s recommendations.

He said if enough powers were not given to the commission and if its actions were limited to making recommendations to the government, it could suffer the fate of the National Human Rights Commission whose recommendations were often ignored.

A version of this article appears in print on October 07, 2016 of The Himalayan Times.

Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

Nepal Tourism Board reveals top five photos from 'Nepal From Your Window' contest

KATHMANDU: Nepal Tourism Board (NTB) on Sunday revealed five photos that made it to the top-five of the 'Nepal From Your Window' photo contest. The five photos will be awarded with cash prize of Rs 10,000 each. Among the 500 approved photos listed in the contest, Samde Sherpa's Kathmandu V Read More...

Sudurpaschim PA continues amid obstruction

DHANGADI, JULY 5 A meeting of Sudurpaschim Province Assembly started amid the obstruction from opposition parties in Dhangadi. Despite the obstruction from the opposition parties — Nepali Congress and Rastriya Janata Party-Nepal —the meeting of the PA began today. Lawmakers from the opp Read More...

604 Nepalis return home

KATHMANDU, JULY 5 A total of 604 Nepalis returned home today from three destinations. As per Tribhuvan International Airport (TIA), 147 and 152 Nepalis were repatriated from Doha in Qatar through flights of Nepal Airlines Corporation (NAC) and Himalaya Airlines, respectively. Likewise, Himalay Read More...

Water Treatment Plant, Melamchi Water Supply Project

Melamchi gears up for food sufficiency drive

MELAMCHI, JULY 5 Melamchi Municipality in Sindhupalchowk is all set to launch a campaign to promote local agricultural produce. The campaign to be launched in line with the local government’s policies and programmes for the upcoming fiscal year, seeks to motivate people to produce vegetables Read More...

Bajura school starts community classes

BAJURA, JULY 5 At a time when schools in urban areas have started online classes, a school in Bajura has started teaching students by reaching to their communities and toles. Budhinanda Basic Level School at Kolti of Budhinanda Municipality has started teaching students in their respective tol Read More...


Leading actors of the Nepali film industry opine that a space for discussion has opened up now, and no one should let this chance pass. They also urge the media to pull up their socks KATHMANDU A discourse has started after film actor Samragyee RL Shah broke her silence last week on the harassme Read More...

Insight: Indian soldiers unarmed and caught by surprise in China clash, families say

NEW DELHI: Indian soldiers who died in close combat with Chinese troops last month were unarmed and surrounded by a larger force on a steep ridge, Indian government sources, two soldiers deployed in the area and families of the fallen men said. One of the Indian soldiers had his thro Read More...

Over 200 scientists claim coronavirus is airborne, urge WHO to recognize the same

KATHMANDU: Over 200 scientists have claimed that the airborne particles of coronavirus can infect people and have urged the World Health Organisation to revise its recommendations, including airborne transmission as one of the significant factors contributing to the spread. According to a New Yor Read More...