KATHMANDU, AUGUST 14
President Bidhya Devi Bhandari took the unusual step of returning the citizenship bill to the House of Representatives with the message that it needed reconsideration.
According to president's information and communication expert Tika Prasad Dhakal, the president asked the Parliament to settle citizenship issues by revisiting citizenship policies in the historical perspective thoroughly analysing citizenship policies post 1952 and to seek permanent solution to citizenship related questions.
The president asked the Parliament to tell the public why the old citizenship bill registered (by the KP Sharma Oli government) in the House and the State Affairs and Good Governance Committee's report could not move ahead in the Parliament.
The president stated that the debate related to matrimonial naturalisation should be settled in a manner that did not hurt sentiments of Madhesi people.
According to Dhakal, the president has asked the House to reconsider the provision whereby a mother has to submit affidavit in case her child's father cannot be traced. The president said since as per the constitution, women had the right to safe motherhood and reproductive health, requiring women to submit such an affidavit would go against their right to reproductive health and motherhood. "If a woman does not have to mention her spouse/partner on matters related to motherhood and reproductive health rights, why should she be compelled to reveal her child's father to secure her child's citizenship," Dhakal said. The president also opined that requiring women to submit such an affidavit could violate their right to privacy.
Stating that the Parliament should not delay enactment of citizenship law, the president asked the House to send back the bill to her after addressing her concerns.
As for the citizenship ordinance President Bhandari had issued during the then KP Sharma Oli government, she said the constitution did not give her the power to stop an ordinance.
The president said none of the bills - the bill brought by the Oli government, the citizenship ordinance brought by the Oli government, and the current bill was complete. That's why the House should reconsider it, she added.
Chief whip of CPN-UML Bishal Bhattarai said his party would ask ruling parties to reconsider the bill and incorporate the provision of seven-year wait for matrimonial naturalisation. He said his party would hold a meeting and devise a strategy on how it should take up the citizenship bill issues. "We had moved 33 amendment proposals on the bill, but ruling parties rejected our proposals on the strength of majority," Bhattarai said.
CPN-Maoist Centre leader Barshaman Pun said it was unfortunate that the president's decision to return the bill to the Parliament had created a situation whereby lakhs of eligible citizens who had been desperately waiting for the past seven years to obtain their citizenship would continue to be deprived of the most important identity document.
Pun said lakhs of eligible citizens were unable to buy SIM cards, apply for jobs, or open bank accounts in the absence of citizenship certificates. Pun said his party was in favour of passing the bill again and sending it to the president for her assent.
He said it was unfortunate that her views matched the views of the CPN-UML with which she was associated in the past. Pun said the CPN- UML was trying to stall the citizenship bill.
She will have to sign it eventually
Article 113 (3) of the constitution gives the president the power to send any non- money bill back to the House where it originated, with the message of reconsideration.
It is up to the Parliament to pass the bill as it is or with changes suggested by the president. Article 113 (4) of the constitution stipulates that if any bill is sent back, along with a message by the president, and both houses reconsider and adopt the bill as it was or with amendments and present it to the president again, the president shall authenticate it within 15 days of getting it.
The bill was passed by the Lower House on July 25 and by the National Assembly on July 28. The constitution gives the president 15 days to give her assent to the bill or return it to the House of its origin. (HNS)
A version of this article appears in the print on August 15, 2022 of The Himalayan Times.
