Saturday, November 11, 2023

BOOK REVIEW: “Barefoot Research in Madhesh Province:” A guide to understanding the ground realities of Madhesh

 BOOK REVIEW: "मधेश प्रदेशमा पैदल अनुसन्धान"

“Barefoot Research in Madhesh Province:” A guide to understanding the ground realities of Madhesh

The book provides a critical investigation into the key issues, principles and themes on ground realities of Madhesh, Nepal’s journey with federal democracy and the failure of governance and rule of law.


Jivesh Jha -

 (8 November, 2023  Nepal Live Today)

Eight years after the promulgation of the constitution, it is understandable that the people find the impression of governance deficit at the federal, provincial and local levels. What might surprise some is the fact that even independent watchers of the country concede that the situation on the ground is actually different than that of general perception.

In the stream of research, there is a concept of barefoot research, which aims to debunk local realities or the truth and realities on the ground. In this context, Dr Sohan Prasad Sah and Devraj Humagain’s edited work “Madhesh Pradeshma Paidal Anusandhan” [Barefoot Research in Madhesh Province] published by Martin Chautari, Kathmandu this year, provides a concise introduction to barefoot research, dimensions of social and cultural discrimination, discourses on the governance of central and provincial governments, issues of landlessness, struggles of statelessness, trials and tribulations of women leaderships at local bodies, pain and sufferings of rape victims and comment on Chure Bhavar politics.

The book brings together a collection of twelve chapters which provide a critical investigation into the key issues, principles and themes on ground realities of Madhesh, Nepal’s journey with federal democracy and the failure of governments to upkeep governance and rule of law.

The book begins with an introductory where Dr Sohan Prasad Sah discusses the barefoot research and its scope in Madhesh province. He opines that barefoot research promotes the ground realities. This mechanism of research enables people to enrich their capacity building and ensures that the local issues are fairly disseminated at provincial and national level, believes Dr Sah.  

Dimensions of discrimination

In the first chapter, Dr Gopal Thakur, who is nationally known for academic research and writings, shades light on linguistic, cultural and politico-economic differences and discriminations between Soit, the so-called Terai upper castes, and Solkan, the so-called Terai-Madhesh lower caste community members. He argues that the opportunities provided by the state should be justly distributed between Soit and Solkan.

BP Sah, an eminent media person, discusses the production of discriminatory media contents, which are more in the nature of hate speech targeting Madheshi and marginalized communities in Nepal. His research discusses how the discriminatory contents are being uploaded and disseminated through online platforms like Youtube, Facebook, TikTok and Twitter.

Sah believes that the persons involved in dissemination of hate speech through new media, often, get spared by the state. He argues, the new media platforms are being misused in such a way that they are appearing like a “new virtual village” enticing hatred and hate speech. His chapter is a good read to understand the dimensions of sociological and cultural discrimination being spread through online media platforms.

Governance matters   

There appear three chapters on governance discourse. The authors—Manju Yadav, Surendra Kumar Kamati and Kusumlata Tiwari—delve deep to discuss discourses relating to provincial governmental apparatuses and their policies and programs and their governance for strengthening democratic credentials.

Manju Yadav, a former lawmaker of Madhesh Province, examines the effectiveness of the seven thematic committees formed at the provincial assembly of Madhesh Province. She argues that the Madheshi parties, who claim to be champions of inclusivity and federalism, have grossly failed to ensure the fair representation of women at different thematic committees of provincial assembly. She reveals that the committees are yet to come up with their annual reports.

Surendra Kamati, a journalist-based in Siraha district, discusses the Constituency Infrastructure Development Programme, commonly known as the Constituency Development Fund. He argues that there is a dire need of holding a debate as to the relevance of this fund at provincial level. As the Fund has been extensively misused by lawmakers, it should be discontinued.

Kusumlata Tiwari, a Research Scholar of MPhil (Anthropology) at Tribhuvan University, writes on the “Save Daughter; Educate Daughter” plan of Madhesh. She believes the plan floated by the Madhesh Province government has certainly played a crucial role in increasing the access of girls and adolescents to education in southern plains.

She writes, “The initiative to distribute bicycles to schoolgirls under the campaign of “Save Daughters, Educate Daughter” has encouraged girls to continue their education.” We could easily find the level of confidence and energy among schoolgirls riding bicycles to reach their schools, she mentions. She is of the opinion that these types of initiatives should be promoted as they would play a significant role in limiting school dropout ratio.

Concerns of Dalits

John Locke said that life, liberty and property are inalienable rights. If right to property is inalienable, then how could Dalits be deprived of the right to own land. After all, land is not just about livelihood but also dignity.

In this respect, Om Prakash Ram, a human rights activist, investigates reasons that led to landless life of Dalit community members. He argues that the politico-legal transformations are yet to resolve the issues of landlessness of Dalits. “A large section of Dalit community members in Terai have received the status of Sukumbasi (squatters) but they are yet to receive land.” He writes: “The governmental initiatives aimed at removal of landlessness among Dalits are yet to yield a desired result.” 

Ranjit Kanaujiya, a researcher who has had the privilege to work with UN agencies, also contributes a chapter on the issue of landlessness among Dalits. He argues that the dispute on property ownership is not a new recipe in Madhesh. In Gaushala Municipality of Mahottary district, a section of Dalit community members have been facing land disputes since the last five decades,” argues he. He then goes on to claim that the state apparatuses have been apathetic towards the landless Dalits. “The government agencies are reluctant to bring robust schemes for removal of Dalit landlessness.”

Grassroots politics

The democratic countries have struggled to ensure proportional representation of women in the political landscape. Salma Khatun, a social activist in her chapter, argues that the optimism, however, proved to be misused. Equality of women in politics is not on any parties’ agenda because of their patriotic mindset, she argues adding “of late, the ordinary people’s (esp. women’s) access to local bodies has become easier with the entry (and success) of women in active politics of local bodies.”

However, she believes that the political parties are complicit in the systematic exclusion of women. Khatun argues that women leaders have skills to strike a balance between social and developmental issues. “We give priority to social issues too.”

Deb Narayan Mandal, founder of Mithila Wildlife Trust, discusses the initiatives taken to protect and preserve the forest cover of Dhanushadham.

Jitendra Kumar Kushwaha, a researcher at Barefoot Lawyers, writes on the pain and struggle of being stateless. He argues that a large chunk of people are deprived of citizenship because of the derogatory procedures associated with the constitution, laws and administrative agencies. Even though the constitution guarantees equality before law, equal protection of laws and right to live with dignity to every person, the constitutional guarantees are not available to a section of citizens who don’t have citizenship certificates,” writes Kushwaha.

Social and political violence

Gunjan Ray, a human rights activist, discusses the challenges faced by rape victims and the complexities brought about by the legal procedures. She believes that the rape victims, often, become hostile not because of their wish but because of state’s failure in ensuring them a safe atmosphere to live.

Moreover, “even the judicial procedures and court are not victim-friendly. The recording of statements of rape victim should be done in closed session (so as to protect the privacy of victims) but its strict adherence is yet to be seen in trial courts.”

“As male advocates are, often, engaged in recording the statements of rape victims, they hesitate to express freely,” writes Ray.

Sabin Khanal, a lecturer of English literature, assesses the rise and fall of Chure Bhavar politics. He argues that the leaders’ involvement in criminal activities badly affected the Chure Bhavar politics.    

If there is one reason to read Dr Sohan Prasad Sah and Devraj Humagain’s edited work it is their endeavor to give conceptual clarity on the barefoot research, and its application to understand the ground realities of Madhesh. The book does not only discuss the dimensions of inclusion but also devotes a good deal of sections for programs and policies of the state. Their edited book should be a mandatory reading for the sociologists, anthropologists, lawyers, teachers and students of various streams, including that of social sciences and law. 

https://www.nepallivetoday.com/2023/11/08/barefoot-research-in-madhesh-province-a-guide-to-understanding-the-ground-realities-of-madhesh/?fbclid=IwAR38n5zBQnWdiFa0nQWkSkWlA5BnEMkhbekM7brAQOLL_L7RumrTdXW0Buw

jhajivesh@gmail.com



Assessing clemency laws

Jivesh Jha

(The Annapurna Express, Nov. 9, 2023) 

There is no evidence to support that rigorous jail sentences reduce the number of hardcore criminals or violent acts perpetrated in a society. Correspondingly, there is no research which suggests that the convicts given a premature release through pardon have reformed themselves and rehabilitated in society.

When you read news stories that reveal that pardoned persons got arrested in connection with a crime, then you start believing that convicts cannot change. If convicts cannot change, then we are fooling ourselves by setting them free to walk under open sky.  

Recently, Lok Bahadur BK, one of the 670 convicts, who walked free on the basis of a presidential pardon granted on the Constitution Day (Sept 19) on the government’s recommendations for “exhibiting good conduct”, was again arrested for allegedly murdering Bhawana BK of Rukum district. Murder convict Yograj Dhakal Regal, doing a 20-year term, also got freed for a brief period, only to be arrested after a Supreme Court order.  

Pardoning hardcore criminals is nothing new in Nepal. Former lawmaker and Maoist leader Balkrishna Dhungel, awarded life term in 2004 for masterminding the murder of Ujjan Kumar Shrestha of Okhaldhunga during the Maoist insurgency in 1998 along with the confiscation of his property, had received a pardon in 2018 along with around 800 convicts. But the Supreme Court had issued an order against the government vis-a-vis the pardon granted to Dhungel.

Legal recognition

Article 276 of the Constitution of Nepal 2015 provides that the President of Nepal “may grant pardons to persons convicted, and suspend, commute, or reduce any sentence imposed by any court, judicial or quasi-judicial bodies or administrative officer or authority.” But this provision is not absolute in nature, as the prevailing criminal law of the land has put certain restrictions on the exercise of this power. 

Section 159(4) of the National Criminal Procedure Code, 2017 prohibits pardoning of people convicted of corruption charges; rape; genocide; human trafficking; money laundering; abduction or enforced-disappearance; (possession of) explosives; murder in a cruel and inhumane way; and narcotic drugs trafficking or transaction punishable by a sentence of imprisonment for a term exceeding three years.

The pardoning could help the convict walk free before the completion of the sentence so inflicted, but it does not necessarily mean they are innocent. In other words, pardoning could ensure a premature release but cannot eliminate the stigma or guilt.

Global precedent

The constitutional power to pardon is not a unique concept in Nepal. It was derived from the Royal Prerogative of Mercy. This power is delegated to the Lord Chancellor in England whereas in the United States (US), it’s secured under the constitutional scheme.

Article II, Section 2 of the US Constitution envisages that the President “shall have the Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

The Constitution of India also recognizes presidential power of pardoning under Article 72, which confers on the head of the state the power to grant pardons, reprieve, respite, and commute or reduce the sentence of any person convicted of any offense.

Unlike in the US, the president of India or Nepal does not act in person but on the aid and advice of the Council of Ministers headed by the Prime Minister.

Is it an absolute power?  

The Supreme Court of Nepal on November 2 in the case of Bharati Sherpa v the Office of the President, Kathmandu and Others observed that the remission, respite, reprieve, remission or commutation of the sentence should be based on public interest, prevailing laws and the rulings of the Supreme Court.

The presidential clemency for the sake of political adjustment or political bargaining shall amount to violation of the constitution and established legal norms, the Supreme Court of Nepal held in the case of Resham Lal Chaudhary and Others v Government of Nepal (2023). 


The author holds a degree in Constitutional Law


This is part 1 of a two-part series

https://theannapurnaexpress.com/story/46578/?fbclid=IwAR2Haum2Hdd0jICyAFHalcF07GkeyvMGCcX-FXs6IalxSkJqzkgrRYahtRU




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Jivesh Jha's Journal articles available at Researchgate

 https://www.researchgate.net/profile/Jivesh-Jha