INSUBCONTINENT EXCLUSIVE:
KATHMANDU, APRIL 28The Election Commission's revised directive stipulating that it is not mandatory for political
parties to field 50 per cent women candidates if they are contesting only one of the two top posts - chief or deputy chief - of local levels
can adversely impact women representation in the local government.
Major political parties same in terms of thoughts: RPP
36 political parties registered in Jhapa for local polls
Rights activists say that the ruling coalition has
violated the spirit of the constitution, particularly articles 38 and 42, that ensures proportional/inclusive representation of women and
other marginalised communities and groups in state bodies.
Article 38 (4) of the constitution stipulates that women shall
have the right to participate in all bodies of the state on the basis of the principle of proportional inclusion.Article 42 (1) of the
constitution stipulates that women, Dalits, indigenous people, indigenous nationalities, Madhesis, Tharus, minorities, persons with
disabilities, marginalised communities, Muslims, backward classes, gender and sexual minorities, youths, farmers, labourers, oppressed
people or citizens of backward regions, and indigent Khas Arya shall have the right to participate in the state bodies on the basis of
inclusive principle.In the spirit of 50 per cent representation for women in civic bodies, the constitution clearly mentions that either the
president or the vice-president should be a woman
It also stipulates that either speaker or deputy speaker should be a woman.The Section 17 (4) of the Local Election Act stipulates that
parties should field 50 per cent women candidates while filing nomination papers for mayors and deputy mayors, chairpersons and deputy
chairpersons, and chief and deputy chief of district coordination committees.But the proviso of Section 17 stipulates that this rule won't
apply if a political party contests just one post out of the two - chief or deputy chief of local levels.Advocate Mohna Ansari challenged
the Election Commission's recent directive in the Supreme Court, but the apex court did not give any ruling till the candidates filed their
"The deadline for lodging complaints against candidates ends tomorrow
Since there was no ruling by the SC, the issue that I have raised will not be resolved," Ansari said.Ansari said there were only male
candidates for both chiefs and deputy chiefs of 11 municipalities, metropolises, sub-metropolises, and rural municipalities
"This is clear breach of the constitution that ensures proportional representation of women and other marginalised communities, including
Madhesis, Muslims, Janajatis, and Dalits," she added.Ansari said the SC should have intervened, but it did not give the case due priority
She said that inclusion and proportional representation of marginalised groups and communities were the key features of the constitution and
the judiciary should uphold that spirit
She said, "Article 70 stipulates the president or the vice-president should be a woman or they should be from different communities
The same spirit should be maintained in local governments as well," she argued.Executive Director of Forum for Women, Law, and Development
Advocate Sabin Shrestha said the EC erred by revising its own directive, giving political parties the option of not fielding women
candidates if they contested just one of the two top posts of local levels.Women rights activist Rita Sah said political parties had
exploited the legal loophole to field disproportionately more men
Parties are obliging their partners
"Unlike the last local polls when the ruling coalition had poll alliance in only two metropolises - Bharatpur and Kathmandu, this time the
ruling coalition has forged alliances across the country
Even the main opposition CPN- UML has forged alliances with other parties," Sah said
She said exploitation of the legal loophole by the ruling coalition would reduce women representation in the local government."In the last
local election, 40 per cent women candidates had won, but this time only 40 per cent women candidates have filed their nomination," Sah
She said out of six metropolises, the ruling coalition has fielded male candidates in four
Sah said parties were depriving women of their right and patriarchy was to blame for all this
"Since men take decisions in parties, they do not want to give tickets to women," Sah alleged.A version of this article appears in the print
on April 29, 2022, of The Himalayan Times.
This article first appeared/also appeared in https://thehimalayantimes.com