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On 20 Sept 2015, Nepal adopted its first federal democratic republican Constitution promulgated by the Constituent Assembly, a historic step for a nation that had gone through a decade-long Maoist insurgency, royal massacre, Madhes movements and other  political deadlocks.  The seven years’ exercise finally produced a new Constitution. Nepal formally abolished its legacy of Hindu monarchy and emerged as a federal democratic republic. Over the years, the political instability was so heightened that the country saw 15 prime ministers since 2006. Even after the delivery of the 2015 Constitution, the country witnessed eight prime ministers. The drafting process (2008 to 2015) kicked off in 2008 with the formation of Constituent Assembly-I, the unicameral body of 601-member, after its election. In fact, the demand for a new Constitution was raised by Maoist rebels, who waged a decade-long civil war which ended with the 2006 comprehensive peace accord. The Constitution aimed to reinforce Nepal as a secular, democratic republic with a provision for safeguarding the religion, and federate the country into seven provinces.

Bag of progressive provisions  

While celebrating Constitution Day, it’s high time for us to rejoice in the progressive provisions. It stands as the first national  charter in South Asia to include an explicit mandate of one-third representation to women in legislative apparatus. The Constitution expressly guarantees the rights of transgender people. This paradigm shift has made the country bound to adopt affirmative action to ensure the proportional representation of oppressed groups, including that of transgender and disabled persons, in the state apparatuses. In yet another breakthrough, the charter institutes fair corpus of provisions for language as well. In order to flourish the languages given by mother, it's been provisioned that the languages given by mother shall be the national languages. The fundamental rights provisions are praiseworthy. Take the example of the right to privacy. Right to privacy is yet to be expressly mentioned in the Indian constitution; however, the same right has been enlisted under fundamental rights in Nepal. Still, the right to privacy is protected as an intrinsic part of the ‘right to life and personal liberty’ clause in India.

The provisions relating to fundamental rights have been embodied under Part-III (Article 16-48) of the Constitution. There are ample provisions which are progressive in nature. For instance, right to information, right to communication, right to justice, rights of victim of crime, right against torture, right to free legal aid, right to privacy, right to property, right to clean environment, right to language and culture, rights of women, rights of Dalits, rights of senior citizens, and  right to social security, among others, are the provisions which appear progressive in one way or the other.

Our progressive fundamental rights would become meaningless unless implemented in true and material sense. The state is failing to implement these rights in letter and spirit due to its poor economy and political instability. It’s the fault of the government, not the Constitution.

Constitutional supremacy

The Constitution of Nepal under Article 1 secures the supremacy of the constitution, while Article 133 and Article 146 confers power on the Supreme Court and High Courts, respectively, to issue any form of writs and determinations to secure the fundamental rights of the people. Our Constitution confers a wide range of powers on the judicial department to judicially review the actions of executive and legislature.

The Supreme Court in the case of  Bed Krishna Shrestha v Ms Secretary, Department of Industry, Commerce, Food Civil Supplies (2010 BS) held that power and obligation of the Pradhan Nayalaya, under Section 30, was to prevent unlawful action in case it infringed on the fundamental rights of people. In Mrigendra Shamsher Rana v Inspector General of Police (2011 BS), Chief Justice Hari Prasad Pradhan for the first time in the judicial history of Nepal issued a directive order to the government to initiate immediate amendment in Raj Kaj Act. The 1990 constitution had considered the provision of the Judicial Review as one of the sacrosanct parts of the charter.  This way, the judicial department has the ultimate power to test the constitutionality of the action of the government under writ jurisdiction.

In the United States, in 1789, Judiciary Act conferred power on the US courts to review the governmental actions. In 1803, Chief Justice Marshal in the case of Marbury v Madison held that it is the judicial department to say what the law is. Article-III, Section-2 of the US constitution envisages that the Judicial power shall extend to all cases arising under the constitution, laws of US and up to certain specified controversies.  Likewise, Article VI, Section 2 provides that the US constitution is supreme and the laws inconsistent to it would be void.

Similarly, in the United Kingdom (UK), where the constitution is unwritten, and parliament is supreme, the courts have been conferred with power to interpret the laws. In Germany, the constitutional court is empowered to strike down not only ordinary laws but also constitutional amendments for being incompatible with the basic features of the constitution. Interestingly, the concept enjoys a similar currency in Nepal as well. 

Missed opportunities

The preamble acknowledged the glorification of various movements in the past such as the people’s movements and Maoist insurgency. But, the Constitution does not recognize the Madhes uprisings that led to the inclusion of federalism into the characteristics of the new Nepal. Had the makers of the Constitution recognized the Madhes movements, it could have further amplified the acceptance of the Constitution in the southern plains. It was a missed opportunity.

The charter provisions that the “operation, supervision, and coordination of Nepal police and provincial police shall be as provided by Federal law” [Article 268 (3)]. In doing so, the makers of the Constitution have offered a little say to the provincial legislatures in enacting policies for the police apparatus. 

Article 56 confers the power to declare village councils and municipalities to the federal government. It means the provinces do not have the power to restructure local bodies in the future. Article 203 does not give power to the provincial governments to levy tax without the consent of the central government. 

Moreover, the drafters ought not to have rejected calls to revert back to a Hindu state. It was the Hindu identity of Nepal that was crucial in bringing the Madhes and Hill people together. It would have been better had the CA members given due respect to the things which could be crucial in bringing Madhesis and Pahadis together.  Still, there would be political debates, there would be heated arguments also, at times there would be protests on the streets, yet amidst the noise and chaos, what the preamble of 2015 Constitution has taught ordinary population and those who claim to be representatives of people is that despite extraordinary diversity and differences along the lines of ethnicity, caste or religion, Nepal must remain one and march ahead with full faith on democratic credentials.

Way forward

There is no need to be disappointed with a handful of conflicting provisions, which may appear to be unitary in nature. They can be amended. From ensuring equality to providing positive discrimination to marginalized communities, from guaranteeing one-third representation of women in legislature to allowing transgender to seek citizenship certificates with recognition of sexual orientation and promoting egalitarianism, equity and good governance, our Constitution appears to be a progressive document. It’s high time to popularize these progressive measures. It’s time to implement them in letter and spirit.  The Constitution of Nepal—like other constitutions of the world—will also evolve with the passage of time. Nepal deserves constitutional democracy and rule of law. It’s time to live with the constitution.  

In a significant move, the UN General Assembly declared 2023 as the International Year of Millets on 5 March  2021. This resolution, co-proposed by Nepal, India and other nations, garnered support from 72 countries. Its aim is to spotlight the pivotal role of millets in ensuring food security, bolstering nutrition, and enhancing climate resilience.

Millets, often an underrated crop, have been quietly nurturing and sustaining the people of Nepal for centuries. These hardy grains are renowned for their adaptability to diverse and challenging agro-ecological conditions, making them a lifeline in regions with low fertility and limited resources. Compared to major cereal crops, millets stand tall with their superior nutritional value.

For many small-scale farmers grappling with infertile, arid, or upland fields and no access to irrigation or inputs, millets have emerged as a vital food source. With climate change affecting agriculture across the nation, millets offer a sustainable solution to fortify nutrition and food security, while also safeguarding biodiversity.

Nepal boasts a rich diversity of millet types, including:

1. Finger Millet (Kodo)

It is the 4th most important crop of Nepal after rice, maize and wheat in terms of area and production. The major production districts of Nepal for this crop are Khotang, Sindhupalchok, Baglung, Syangja, Kaski, Gorkha and Sindhuli. It is grown in mid-hills and high-hills low in fertility and marginal lands. The disease and pest infestation are low and need less management. Several food preparations are made from finger millet. The most common is a thick porridge locally known as ‘dhindo’ and other products are pancakes, roasted thick breads and fermented alcoholic beverages (‘raksi’).

It is high in fiber and thus digests slowly and aids in weight loss. It has 10 times more calcium than rice and wheat. It is rich in iron, phosphorus, calcium thus extremely good especially for pregnant ladies and  diabetic, uric acid and high blood pressure patients and relieves constipation and diarrhea. It has 9.25 percent protein and 76 percent carbohydrate.

2. Proso Millet (Chino)

It is the 2nd important millet in Nepal. It has the shortest growing period of 60-90 days. It can be grown with low water and fertilizer requirements where other crops can’t grow. In light of the nation's changing environment, it is the crop of the future with tremendous potential for addressing food insecurity in rural regions. Chino is used for making Bhat (boiled), kheer (pudding) and raksi (liquor). The flour can be used for making dhindo (porridge) and roti (pancake and flat bread).

Grown in Mugu, Dolpa, Humla, Jumla, Kalikot, and Jajarkot districts, Chino has phenols (anti-cancer), calcium, magnesium and iron. It lacks gluten so is safe to eat for those who are sensitive to it. Per 100-gram chino contains 55 mg iron, 55 mg calcium, 19.4 mg phosphorus, 9.7 percent protein, 73.9 percent carbohydrates and 11.9 percent crude fiber.

3. Foxtail Millet (Kaguno)

Foxtail millet (Kaguno) is the third most important crop among the group of millets. Major foxtail millet growing districts in Nepal include Mugu, Kalikot, Humla, Jumla, Bajhang, Bajura, Dolpa, Lamjung,Gorkha, Ramechhap and Kavre where crop is grown sole as well as mixed with finger millet, proso millet, beans, amaranths and sorghum, etc. The average production is 815 kg/ha. Foxtail millet is valued by mountain farmers for its nutritional content and health promoting properties, ability to grow with low input and tolerance to drought. Cooked Kaguno is used as Bhat (cooked like rice), dhindo (porridge), kheer (like rice pudding) and sweets.

It is also appreciated for medicinal benefits such as reducing blood glucose levels and cholesterol control in normal as well as diabetic patients. It contains 12.35 percent protein, 60.9 percent carbohydrates and eight percent crude fiber.

4. Sorghum (Junelo)

Sorghum is one of the four major food grains of the world. These days it is being used as biofuel in developed countries. It is cultivated in terrace bonds and used for food and fodder. A good source of iron, calcium and protein, Sorghum is an endangered millet in Nepal. Elderly people and young toddlers with brittle teeth can consume it.

5. Pearl Millet (Bajra)

Pearl millet cultivation in Nepal is very limited to small areas in the Tarai and Lower Hills. It is the most drought tolerant crop among the cereals and millets. Pearl millet has superior nutritive value to sorghum but inferior feeding value. It makes bones strong and good for diabetic patients. Many healthy dishes like Dalia, Roti, Paratha, Sweets and Pancakes can be made from pearl millet. The grain contains about 11.6 percent protein, 67 percent carbohydrates and 2.7 percent minerals.

6. Barnyard Millet (Sama)

In Nepal, its cultivation is limited to western mid-hills. A hardy crop, it can withstand adverse weather conditions better than other cereals. It is used as food for human consumption and feed for livestock and birds. It is rich in protein, Vit B-complex and helps in weight loss. Sama grain contains 6.2 percent protein, 9.8 percent crude fiber and 65.5 percent carbohydrates. 

7. Kodo Millet (Kodi)

A highly drought-resistant crop. Kodi is recommended as a substitute for rice for diabetic patients. Its straw is of poor quality and harmful to horses. It lowers cancer risk and reduces high blood pressure. Kodi contains 8.3 percent protein and 1.4 percent fat. 

To commemorate the ‘International Year of Millets 2023’, I had the privilege of meeting Finger Millet farmers in Chitwan. They cultivate millets where rice struggles to grow, using self-saved seeds and sustainable practices. Many were unaware of the nutritional goldmine they possessed.

These farmers face challenges like the blast disease, but solutions exist through improved seed varieties and disease management. During festivals, they share millet-based dishes and beverages, emphasizing the need for awareness on the nutritional and environmental benefits of millets.

It’s time for governmental and non-governmental organizations to champion millets through seminars, training and workshops, fostering their value addition. Despite lower yields, organic cultivation can bring higher prices in both national and international markets. Millets are not just grains; they are the seeds of sustainability, nutrition, and health. Let's sow the seeds of change together.

Climate change, an existential threat to humanity, demands immediate action from all segments of society. With each passing day, the impact of global warming becomes more evident, leaving future generations vulnerable to its devastating consequences. In this critical juncture, today’s youth play a pivotal role in shaping a sustainable future. By actively engaging in climate activism and getting involved in politics, young people can spearhead positive changes for society and the environment.

The urgency of the climate crisis requires a united effort from all generations, but the youth holds a unique position in driving a transformative change. As the inheritors of the planet, they possess a vested interest in safeguarding its future. Harnessing youthful energy, passion, and determination can ignite a wave of action against climate change.

The power of youth lies in their potential to mobilize and amplify their voices, both locally and globally. Through grassroots movements and digital platforms, they can raise awareness, disseminate information, and influence public opinion on climate issues. By leveraging social media, they can reach a wide audience, sparking conversations that inspire collective action.

Young climate activists have already demonstrated their efficacy in raising awareness about climate change’s urgency. Initiatives like the Global Climate Strikes, led by youth activists like Greta Thunberg, have drawn global attention to the climate crisis and compelled leaders to address climate issues in policy-making.

While youth-led activism is vital, it must be complemented by active participation in politics. Engaging with the political system allows young people to have a direct impact on climate policies and decisions. By running for political office or actively supporting candidates with strong climate agendas, they can shape the direction of climate policy at local, national, and international levels.

Political involvement empowers young people to bring fresh perspectives and innovative solutions to climate-related challenges. It ensures that climate change remains a top priority in legislative agendas, fostering the implementation of sustainable practices and green initiatives. Young politicians can be catalysts for progressive climate policies, advocating for renewable energy, conservation measures, and carbon reduction strategies.

Furthermore, youth representation in politics is crucial for fostering intergenerational dialogue. It bridges the gap between decision-makers and future generations. Such a dialogue is essential for crafting inclusive and long-term policies that protect the environment, promoting a harmonious coexistence between nature and society.

Inclusion of youth voices in political decision-making processes is also a fundamental aspect of democratic governance. It strengthens democracy by promoting diversity of thought and ensuring that the concerns of all citizens, especially those inheriting the planet, are heard and addressed.

To encourage more youth involvement in politics, educational institutions and community organizations must prioritize civic education and engagement. Equipping young individuals with the necessary knowledge and skills for active citizenship will empower them to advocate for change effectively. Furthermore, mentorship programs and internships can offer firsthand experiences in the political arena, nurturing a generation of informed and inspired leaders.

Young people need to seize every opportunity to influence policy-making, from participating in local town hall meetings to joining youth councils and community boards. By making their voices heard in decision-making processes, they can push for policies that prioritize sustainability and climate action.

Climate change presents a formidable challenge that demands a collective response from all of society. Today’s youth are the torchbearers of this response, armed with the passion and determination to create positive changes for society. By actively engaging in climate activism and politics, young people can effectively take a stand against climate change and drive transformative action for a sustainable future. Their involvement is essential to ensure that climate concerns remain at the forefront of policy agendas, fostering a harmonious relationship between society and the environment for generations to come.

Haritalika (Teej) is a cherished festival, particularly among Hindu women, celebrated with great fervor. According to Hindu scriptures, Goddess Parvati undertook a rigorous fast to win Lord Mahadev as her husband. Today, women continue to observe this fast, whether for their husbands’ well-being, spiritual devotion, or personal desires. Teej symbolizes the strength of intimate relationships, providing a platform for sharing joys and sorrows for women. Nowadays, Hindu women, both in the country and abroad, celebrate Teej as an important festival.

Opinions about Teej, however, vary among women. Some emphasize its connection to their husbands’ longevity, while others view it as a sacred tradition or a means to foster unity among women. There are a few exceptions who consider Teej is exclusively for married women. But festivals should never be bound by limitations; they must be inclusive and welcoming to all. It is crucial to avoid prescribing rigid rules for beliefs like these. How can we justify imposing specific requirements? Our upbringing in diverse religious, cultural, and familial backgrounds shapes our unique perspectives. Using our viewpoints for our convenience is nothing but a display of our ego.

In this context, I share an instance of broad-mindedness exhibited by my mother-in-law. Twenty-three years ago, it had only been two years since my husband passed, my son was playing outside on the day of Teej. He saw women dressed in vibrant attire and insisted that I do the same. His innocent request evoked both pain and fear within me. My mother-in-law, who was observing all this, explained that Teej is a festival celebrating love, belonging, trust, and relationships, not just with husbands but with all our loved ones. She emphasized that it did not mean I should abstain from observing the festival. I saw a septuagenarian challenging societal norms. Her words filled me with pride as her daughter-in-law. With her encouragement, I not only embraced the occasion but also strengthened our bond, all while witnessing the joy on my son's face. Sadly, such open-mindedness is often rare even among younger generations.

For social change, we must extend our empathetic thinking to all sections of society. By doing so, we can offer not just sympathy but also promote equality through small gestures. I recall another incident that took place 22 years ago. On the eve of Teej, Dr Shiva Paudel offered me a gift. It surprised many since it was unusual for men to offer gifts to women on Teej. Seeing glass bangles and bindis of vibrant colors in the gift box, all of us were shocked and surprised. But he emphasized that women had every right to adorn themselves as they pleased and encouraged us to make the change ourselves. His words displayed immense respect for women. While there were other educated women advocating for women's rights, their perspectives differed. From that day on, I proudly wore colorful bangles and bindis and initiated a ‘red campaign’ to encourage other single women to do the same.

We often talk about women's rights but struggle to broaden our perspectives. In many Teej programs, with some exceptions, even the educated elite struggle to welcome others with open hearts. What's even more disheartening is that these elites readily participate in other social justice initiatives, highlighting the discrimination. When will society overcome these divisions? How can we facilitate change? Perhaps by adopting the ‘red campaign,’ single women can assert their right to live with dignity, just like any other member of society. Yet, societal divisions still inflict occasional wounds. Perhaps you can experience change when you change your perspective to foster equality. It’s time to reframe your mindset.