[Diplomacy] Nepal Logjam (Part 1 of 3): Civil War,

Peace-Deal, Constitutional deadlock, Frequent

change of Prime Ministers

1. During British-Raj
2. From 60s to 90s
3. The 90s system
4. 1996-2006: Civil War
5. Indias Nepal Policy: 2005
6. Main Political Parties
7. Constituent Assembly(CA)
8. Why is there a political crisis/logjam/turmoil in Nepal?
9. Why No Constitution?
o #1: Presidential system vs Parliamentary system
o #2: Federation on Ethnic lines
10. Taarikh pe Taarikh
11. Pushpa Kamals Prachand Dhamaal
12. Madhav Nepals lack of Dhamaal
During British-Raj
There was alliance agreement between British and Nepal King. Under
which:
British Indian Army will recruit Gurkha soldiers from Nepal.
Nepal King will accept British guidance on foreign policy matters.
The British will protect Nepalese Kings against both foreign and
domestic enemies and will not interfere in the internal matters /
domestic affairs of Nepal.
1947: British withdraw from India.
Nepal King has no external source of support anymore.
Now the Anti-King forces led by Nepali Congress (NC) party,
launched a revolution in 1950.
King accepted settlement, Constitution drafted, general elections
held.
From 60s to 90s
The Nepali Congress (NC) party won majority, and formed the
Government.
But there was frequent power struggle between the PM and the
King.
In early 60s, the King dismissed the parliament, banned all political
parties.
He passed a new Constitution- Now crown became the real source
of authority.
This system continued for years, but in 1990 there was huge
uprising and protests by people. (this is known as First Jan
Andolan.)
Finally, King accepts multiparty parliamentary system.
New election is held, new Constitution is written.
The 90s system
It was more or less the same as British monarchy.
King remained the head of state.
King appointed the leader of the majority party in the lower house
as Prime minister.
If there was no clear majority, King appointed a leader who
enjoyed support of majority coalitional partners.
1996-2006: Civil War
From outside Nepal looks like a tourist economy but most of the
tourism is confined to Katmandu valley only.
Because other places in Nepal dont have much infrastructure
(hotels, good roads, electricity, communication etc.)
Governments policies hardly upgraded the socio-economic status
of rural people.
Most of the foreign aid for poor, was chowed down by corrupt
politicians and bureaucrats.
Ethnic division was becoming sharp. (Madeshis vs higher caste
Brahman+Chhetris).
While the 1990s Constitution provided for multi-party system,
elections etc. But still the political power rested in the hands of
elites, noble families of Nepali Congress (NC) etc.
These socio-economic issues led to rise of Maoists elements.
Finally in 1996, they started armed struggle against the popularly
elected Nepali Government+ King.
Their Peoples liberation Army took control over many rural and
remote parts of Nepal, started seizing properties of rich peasants,
holding kangaroo courts, murder, abduction, etc.etc.etc. you get
the picture.
Maoists demanded following
1. Abolish Monarchy.
2. Frame a new Constitution for Nepal.
3. Create a system of directly elected President.
4. Divide Nepal into provinces according to ethnic lines.
5. Redraw relations with India. (regarding border, trade, water sharing
etc.)
Indias Nepal Policy: 2005
Since the beginning, India had supported Monarchy in Nepal, for two
reasons
1. To prevent Nepali + Indian Maoists forming alliance.
2. Nepali Maoists wanted Nepal to become a secural country but
certain section in Indian Political establishement wanted Nepal to
continue as the only Hindu Kingdom.
But then Nepali Maoists, headed by Prachanda, contacted Indian
Government.
They assured, Support us and we promise not to create any
trouble for India.
Indian authorities made assessment of the situation in Nepal, and
concluded that
1. Most Nepalese people were against Monarchy and King
Gyanendra.
2. Maoists had sizable presence in Nepal.
3. If we dont support them, China will. And then we stand to lose. (for
example, in future, when Maoist Government is formed, theyll give
all contracts to Chinese companies.)
4. If we dont support them, theyll shelter Indian Maoists, further
creating trouble for us.
5. So better lets help them get integrated into mainstream politics
and democracy of Nepal. Then Nepali Maoists will be of no more
trouble to us.
Under this assessment, India made a new Foreign Policy for Nepal in
2005. It involved
1. Stop supporting the Monarchy and Nepals Royal family.
2. Befriend the Maoists.
3. Bring Maoists and pro-democracy forces together in Nepal
4. Help establish democracy in Nepal.
At the end of this series, well see Why Indias Nepal policy=#EPICFAIL.
Anyways, back to the topic,
The time is 1996-2006.
There is a civil war going on between Royal Nepalese Army vs.
Maoists.
India and UN try to mediate peace.
2005
The king takes direct control over Government, and dissolves parliament on the ground
that popularly PM and parliament has failed curb Maoist menace.
2006
Lot of unrest and agitations by people, against King Gyanendra. (This is dubbed
as Second Jan Andolan/Loktantra Andolan).
King Gyanendra succumbs to pressure and restores the parliament.
Now the (restored) Nepalese Parliament passes a law that
1. King is no longer the supreme commander of Army. (that means.
Army will work as per directions of PM and will not take orders of
the King. This will facilitate peace deal with Maoists.)
2. Declared Nepal a secular country, (no longer a Hindu Kingdom.)
Finally at the end of 2006, Maoists sign a Comprehensive peace accord
with Nepal Government, under which

Signing of Peace Agreement between Government (L) and Maoists (R).
(Nov.2006)
1. Maoists and Nepalese army will stop operations against each
other. Theyll stop new recruitment.
2. Temporary Cantonments will be established.
3. The Maoist combatants will stay in these cantonments.
4. Both the Maoists and the Nepalese army will lock equal amounts of
their arms in UN-monitored containers.
5. Government of Nepal will provide food, ration and salary to these
Maoist rebels residing in Cantonments.
6. King will no longer enjoy his former political rights. His property will
be nationalized.
7. In long term, these Maoist rebels will be either inducted in regular
army, or theyll have option to accept financial assistance and lead
a regular life.
In short, Maoists will stop violence, join mainstream.
Ok so far,
1990
Constitution provided for multiparty system. (king appoints PM from the majority
party etc.)
1996-
2006
Civil war between Nepalese army vs Maoists.
2006-07 Peace accord.
2007
The interim constitution of 2007.
It replaced the previous 1990s Constitution.
A Constituent Assembly(CA) was elected as per this interim Constitution.
This CA had to draft and deliver the new constitution. (by May 2010)
Then a new parliament will be elected as per the new constitution
Thus, elections are held under Interim Constitution.
And the Maoist party also participates in these elections.
But nobody gets absolute majority.
This leads to coalition governments.
Main Political Parties
Party Important persons
Maoists
1. Pushpa Kamal Dahal aka Prachanda
2. Baburam Bhattarai
3. Mohan Baidya Kiran
UML Madhav Nepal
Nepali Congress (NC) Sushil Koirala.
Madhesi unimportant
Constituent Assembly(CA)
Recall how Indian Constitution was made?
Nov 1946
Constituent Assembly (CA) was created. (as envisaged in Cabinet Mission
Plan).
It was made up of elected representatives + nominated members from
princely states.
December
1946
First meeting of Constituent Assembly (CA).
Muslim league boycotts and demands for separate Pakistan.
1947
India becomes an Independent country.
Constituent Assembly (CA) becomes a sovereign-body with dual
functions
1. Carry out legislative functions (like a parliament.)
2. Draft Constitution of India. (like a Constituent assembly).
1947-1949
The Constitution making process goes on.
Lengthy Debates, discussions.
Finally Constitution adopted on 26
th
November 1949.
1951-52
First General elections held, according to the provision of new
Constitution of India.
So basically
1. Constituent assembly has to deliver result. (=Constitution).
2. And then fresh elections must be held according to that new
Constitution.
Now the question is
Why is there a political crisis/logjam/turmoil in
Nepal?
1. Because their Constituent assembly (CA) has not delivered the
result (=Constitution).
2. So President of Nepal has dissolved the Constituent assembly
(CA) and removed the Prime Minister.
3. But President also asked the Prime Minister to continue as a
caretaker Prime Minister.
4. Problem: This Caretaker Prime minister is not holding fresh
elections.
Next question: why has Nepal Constituent Assembly failed to deliver
result (=Constitution)?
Why No Constitution?
The Constituent Assembly has failed to deliver a new Constitution for
Nepal, because there is severe disagreement among various political
parties.
#1: Presidential system vs Parliamentary system
Maoist Party
members
We propose that Nepals future executive structure should be like
this: President directly elected by people. And hell have the
ultimate powers.
There will be a Prime minister, elected by members of parliament.
But hell just hang around without much powers.
This will help, because in present system, no party is getting clear
majority, so there is lot of political instability.
And coalition Governments usually dont work well.
Other parties
Oh come on!! It is obvious that youre proposing this to make
Prachanda the Dictator of Nepal.
We dont agree with this form of governance.
We propose the system similar to India= MPs will be elected by
people. The leader of majority party will become PM.
At the same time, there will be a Ceremonial President with a
certain powers.
This will be good for democracy because no single organ will have
absolute powers.
In short we want Parliamentary system of governance.
Maoist Party
Ya if Parliamentary system provides for effective checks and
balances then what about Indira Gandhis rule during 70s and the
emergency??
How was that not a dictatorship?
We dont accept this stupid proposal.
Everybody starts shouting.
Speaker
Beth Jaayiye, Beth Jaayiye. Kripyaa Shaant Ho Jaayiye. (sit down, sit
down, please calm down.)
So, first disagreement is what should be the form of government.
#2: Federation on Ethnic lines
Maoist and Madhesi
Parties
We want Nepal to be subdivided into provinces.
These provinces/states should be drawn based on ethnic lines.
E.g. separate state for Madhesi people in areas where theyve
majority. And so on
Other parties(Nepali
Congress(NC), UML)
We dont agree with this.
Over the years, there has been lot of internal migration in
Nepal.
Similarly, there are marriages between many castes, so the
social-demography is changing.
In this light, separate states based on ethnicity/caste = not good
for unity of Nepal.
Besides, our vote bank consists of upper caste Hindus
(Brahman, Chhetri etc.) and theyre opposed to this system
since they dont have clear majority in any area.
Everybody starts shouting. (again)
Speaker
Beth Jaayiye, Beth Jaayiye. Kripyaa Shaant Ho Jaayiye.
(sit down, sit down, please calm down.)
So, second disagreement is Basis of Federation.
There are other disagreements over appointment of judges,
whether judiciary should be completely autonomous or responsible
to legislature, election process etc.
Over the years, they have not been able to sort out these
differences in the Constituent assembly (CA).
Taarikh pe Taarikh
Constituent assembly (CA) was formed in 2008.
Original term: they were to deliver Constitution by May 2010.
They Failed to deliver Constitution due to ^above
disagreements.
The term extended to August 2011.
Again failed to deliver Constitution.
The term extended to November 2011.
Again failed to deliver Constitution.
Term extended to May 2012.
Now Supreme Court got angry, and passed the order whether CA
delivers a Constitution or not, it must be dissolved in May 2012.
Ok wait, lets recap
1990
New Constitution that provided for multiparty system. (king appoints PM from the
majority party etc.)
1996-
2006
Civil war between Nepalese army vs Maoists.
2006-
07
Peace accord.
2007
The interim constitution of 2007.
It replaced the previous 1990s Constitution.
Election of Constituent Assembly.(CA)
This to be elected would draft and deliver the new constitution, and a new
parliament would be elected as recommended by the new constitution
2008-
2012
CA fails to deliver Constitution. It keeps giving itself extension after extension.
In the meantime, Prime Minister is changed four times during 2008 to
2011! How and why?

Pushpa Kamals Prachand Dhamaal
Prachanda is the chief of Maoist party. (Unified Communist Party of
Nepal (Maoist) (CPN).)
His original aim: overthrow the State by violent means. (a.k.a. the
traditional Maoist way, just like how Indian Maoists want to
overthrow the State by 2050.)
He waged Civil war between 1996-2006.
Ultimately He had to sign peace accord and agree to join
democracy.
In 2008s election, his party won many seats.
He became the Prime Minister of Nepal.
Ram Baran Yadav of Nepali Congress (NC) became the President.
Since Prachanda couldnt overthrow the state via traditional
Maoist methods (=violence), He decided to go forplan B.
Prachandas Plan B?
1. Initially 6500 of the Ex-Maoist Combatants were to be recruited in
Army.
2. Prachanda raised the demand to induct 9000 Maoist combatants in
the army.
3. ^This will led to significant presence of Maoist in the regular
army=> army cannot create much trouble in future. (say for
example, if US or India supported King to return and there was
another political crisis).
4. Prachandas Maoist party will push for a new Constitution that has
directly elected President. (so no worries of coalition politics.)
5. Similarly they demanded Judiciary must be accountable to
legislature (and not autonomous like it is in India.)
So ultimately Prachandas aim was to have a governance system where
he could be the main boss and other organs of the State (army,
judiciary, legislature) remain weak, just like President Hugo Chaves in
Venezuela or Putin in Russia.
But Prachandas otherwise awesome plan was cut short in 2009.
Why?
Because in 2009, Prachanda decided to replace the Army chief.
So Prime Minister Prachanda asked President Ram Baran Yadav
to sign the order for removal of Army Chief.
Problem: President Ram Baran Yadav refused to sign the letter.
(reports say India had put pressure on him, not to replace the army
chief.)
Result:
1. Prachanda bites the dust. He resigns from Prime ministers post
because President did not agree to his demand for removal of
Army Chief.
2. Madhav Nepal of UML party becomes the new Prime Minister of
Nepal.
Madhav Nepals lack of Dhamaal
From 2009-11, Madhav Nepal is the Prime minister of Nepal.
But Prachanda did not like that he had to give up the PM post.
So he starts agitations, Bandh, protests, rioting, dharnaa,
pradarshan against Madhav Nepal.

Anti Madhav rally: Maoist supporters (Prachandas Party)
Demanding resignation of PM Madhav Nepal
Madhav Nepal resigns without doing much Dhamaal.
Now Jhala Nath Khanal becomes new PM, but he too is no match
for Prachandas Dhamaal and resigns in August 2011.
Finally Baburam Bhattarai (of Prachandas own Maoist party)
becomes new Prime Minister.
And Baburam continues to be the Prime minister of Nepal ever
since then.

[Diplomacy] Nepal Logjam (Part 2 of 3): Merger of
Maoists with Army, Anti-India Campaign, Why
Elections are not held

1. Introduction
2. Rehab of Maoist Combatants
3. Problem areas in Maoist Army merger
4. Maoist MNREGA scam
5. Trouble in Cantonment
6. Power struggle within Maoist Party
7. Kirans makes new Party
8. Against Prachanda
9. Against Baburam Bhattarai
10. Peoples Constitution
11. Against India
12. Anti-India stand of Maoists
13. Babu vs Prachanda @RIO+20
14. Crisis: May 2012
15. Why Election not held?
16. Baburams next move
Introduction
Nepal logjam is a three part article series. Make sure youve read
previous parts, before proceeding further.
Part Topics Link
1 of
3
Indias Nepal Policy (2005)
Why CA cant deliver a new Constitution for Nepal.
Why four Prime ministers have changed in Nepal between 2008 to
2011.
Click
ME
3 of
3
Chinese presence in Nepal
how and why Indias Nepal Policy (2005)=#epicfail.
Click
Me
Rehab of Maoist Combatants
After the ceasefire and peace accord, around 20,000 Maoist
combatants had been living in the temporary Cantonments. (many
of them are child-soldiers).
they have deposited their weapons to UN-supervised containers.
6500 of them were to be absorbed in army. (disregarding
educational/age requirements).
Rest of the Maoist combatants were promised a financial package
of 5 to 8 lakh Nepali rupees, each. So they can go back to their
village/families and start their lives again with business, farming
whatever.
But then Prachanda and Baburam started demading, we want
9000 Maoist combatants to be inducted in army.
The Army was against this move, fearing such large influx of
Maoists inside army, will break its politically neutral character.
(+most of them were not meeting the have the
age/educational/physical std. criteria.)

Nepali Maoists in UN Cantonment (Photo: Mikel Dunham)
Problem areas in Maoist Army merger
While Prachanda demands 9000 Maoists to be recruited in Army
but the Ground reality= barely 3000 Maoist rebels actually wanted
to join the army.
Rest of them are uncomfortable working with their former enemy
(army), with whom they had fought for more than 10 years.
Most of them are tired of the revolution, they prefer to accept
cash, go back home, enjoy family life.
Most of them are not comfortable with the rigorous training and
discipline of regular army.
Some of the senior Maoist rebels, want to be absorbed as Colonel,
Brigadier and other higher posts.
But in most cases, Army is reluctant to give them such higher
ranks, given their old age and low education.
At the end of 2012, barely 1500 Maoists joined the army.
Others accepted ca$h, deposited weapons and left for home.
Maoist MNREGA scam
In the Indian villages, Sarpanch and Patwaari create fake-job cards
and withdraw MNREGA money.
In Nepal, the Maoists had submitted their weapons to UN-
Containers and they were living in temporary cantonments.
They were given food, ration and salary according to their ranks.
(This money was from aid given by UN, EU, Germany etc. donors).
Problem: Many of the Maoists left the camp. Yet money is
withdrawn in their name.
Similarly fake id cards were created and money was siphoned off
in ghost accounts.
The CAG of Nepal says total 1.5 billion Nepali rupees have been
paid to fake combatants as monthly salary and food allowance by
the Government!
Prachanda and his favored Maoist commanders are running this
Maoist-MNREGAscam.
Prachanda has made truckload of cash out of this game, bought
expensive watches, , race-horses, SUV cars, luxury apartments,
iphone5 etc.etc.etc.
This has created deep resentment and internal fighting among the
Maoist rank and file.
Trouble in Cantonment
In several camps, the Maoist combatants started rioting, saying
that Pro-Prachanda commanders are making truckload of cash
through fake-ID cards (Maoist-MNREGAscam.).
Prime Minister Bhattarai (of Maoist party) had to call in army to
stop these riots.
These has further increased the bitterness among Maoist-cadres,
because Bhattarai called up their old enemy (army) for help!
After this incident, Prachanda had to install metal-detectors at his
home, because those angry rebels planning to attack him!
Power struggle within Maoist Party
The hierarchy of Maoist party is like this:
1. Prachanda @Top.
2. Mohan Baidya Kiran + Baburam Bhattarai (Present Prime
Minister) as second in line.

Babu is like our Mohan. He doesnt have many supporters in the party.
(or perhaps thats the reason Prachanda made him PM!)
Kiran on the other hand, has sizable following in the Maoist-party. Both
hate eachother.
Mohan
Baidya Kiran
Youve made Bhattarai the Prime minister . He is making truckload of ca$h, I
hate him.
Prachanda
Ya but he is more acceptable to international players, including India and
USA. So let him stay there for a while.
Baidya Whatever dude. Just tell me whats your next plan.
Prachanda
Well, I want new Constitution to have powerful President directly
elected by people.
So that I can become the Main Boss of Nepal.
Bhattarai is only there to keep the seat warm for me.
Problem is other political parties are not in favor of Presidential system
of government!
Kiran
Dude, those parties never support you to establish this Presidential
system!
So, I suggest we leave this Constituent assembly and again start violent
agitation just like the good ol Maoist!
Ill fully support you in that.
Only one condition : get rid of Baburam Bhattarai. Because I hate that
guy.
Prachanda
Sorry bro, not possible.
If we start violent struggle again, well lose support of India and the
international community.
Besides, most of our Maoist brethren in Cantonments have accepted
ca$h, deposited their weapons and left for their homes. Itll be hard to
mobilize people again for a new round of armed struggle.
Kiran
Then you leave me no choice.
Ill make my own new party.
Adios suckers.
Kirans makes new Party
Many of Maoist cadres and mid-level leaders, are also disillusioned
with Prachanda and Baburam, particularly because they are
making truckload of cash via corruption (including Maoist
MNREGA).
So, when Kiran left the party, around 1/3
rd
of cadres from
Prachandas original Maoist party also joined Kirans party.

Kiran-faction splits from Prachandas Party (Photo Mikel Dunham)
Now Kirans stand is following:
Against Prachanda
Prachanda and Bhattarai are Red Traitors.(Gaddaar)
Prachanda is swindling billions of rupees meant for combatants in
different cantonments. (=Maoist MNREGA scam)
Against Baburam Bhattarai
Babu has sold our country to India by signing the Bilateral
Investment Promotion and Protection Agreement (BIPPA)
agreement.
Babu has given contract of upgrading Nepalese airports, to an
Indian company without inviting bids.
Only the Army, judiciary and police are legitimate state apparatus. I
dont recognise the legitimacy of the President Ram Baran Yadav
or Prime Minister Baburam Bhattarai.
Peoples Constitution
Prachanda and Babu are responsible for not delivering Peoples
Constitution.
President Ram Baran Yadav only consults the big four political
parties. He doesnt listen to the small parties concerns.
We want an all sides-round table conference to decide the future of
Nepal and draft Constitution for Nepal.
Well not mind going back to the armed struggle, if ^this is not
done.
Against India
Kiran has also launched anti-India campaign. He says
India wants to colonise our small country Nepal.
Both Prachanda and Babu are puppets in the hands of Indian
Government.
Nepals relations with India must be based on equality, regarding
border-disputes, trade and transit rights.
India is trying to culturally invade Nepal via Hindi films and songs.
Therefore, we are banning Hindi films in cinema halls and Hindi
songs played on FM radio,
Well prevent vehicles with Indian number plates, including goods
carriers, from entering Nepal.
Anti-India stand of Maoists
Please note: Whatever Kiran is saying against India= Nothing new.
During civil war (1996-2006), Prachanda had also said similar Anti-
India things.
But India helped him broker peace with Government, so he toned
down his opposition.
When Kiran again started agitating against India (ban on Indian
films, songs, vehicles), the Nepalese Government (headed by
Maoist PM Baburam Bhattarai), ordered the police to take strict
action against these rowdy elements.
Experts believe that Kiran is intentionally doing this Anti-India
campaign, with following objectives in his mind
1. India contacts him, pays him some cash to keep his mouth shut
OR
2. India helps him get a plump ministerial position in Baburams
cabinet OR directly makes Kiran the PM.
3. India starts looking @Kiran as the permanent-alternative to
Prachanda/Baburam. Then India will start showering money and
support to him, just like President Obama does to Hamid Karzai in
Afghanistan.
Babu vs Prachanda @RIO+20
Recall that Kiran left the party because Prachanda did not remove
Babu from PMs post.
But that doesnt mean Babu and Prachanda are best friends
like Jai and Veeru.
Most of the time, Babu doesnt do as directed by Prachanda.
(Unlike our PM to Madam-ji.)
For example in July 2012, RIO+20 summit was held. (we have
already covered that Summit, click me)
Prachanda had ordered Baburam not to attend this RIO+20
summit.
Still Baburam went to the summit.
Why?
Because Baburam wanted to meet Indian PM+ Chinese Premier
and secure their support, saying Im in charge of Nepal. No need
to talk with other players. Ill get whatever you want. But please
dont support others (including Prachanda lolz!)
Crisis: May 2012
So far: The Constituent Assembly of Nepal, is unable to deliver a
new Constitution. Because there is severe difference between
Maoist party and other parties.
Right now Baburam Bhattarai of Maoist Party is the Prime Minister.
And Supreme Court had ordered that Constituent Assembly will be
dissolved in May 2012. (=Baburam will cease to be Prime minister
and new election must be held.)
But Baburam Bhattarai plays a new trick: He passes a resolution to
extend Constituent Assemblys life by 3 more months.
This goes against the order of Supreme Court.
So, President Ram Baran Yadav starts taking legal opinion on
what to do next.
The legal-experts advice him to remove this Baburam Bhattarai
and call for new elections.
Finally President Ram Baran Yadav removed Prime Minister
Baburam Bhattarai from his post, but asked him to continue as a
caretaker till an alternative arrangement is made.
Why Election not held?
So far,
1. 2008 Elections were held for CA.
2. CA had to deliver Constitution.(by 2010)
3. But it did not deliver result.
4. May 2012: President Ram Baran Yadav dissolves the CA, as per
Supreme Court order.
5. President also removes Baburam as PM, but asks him to continue
as caretaker prime minister, until new arrangements are made.
Baburam to public
Ill work as the caretaker PM.Well hold general elections on November
2012 for new CA.Then Ill handover powers to newly elected PM.
Election
Commission(EC)
But hows that possible?
1. First problem: The interim constitution of 2007 doesnt have any
provision for repeat elections!
2. Second problem: all of the Election Commissioners are retiring in
October 2012. And new election Commissioners cannot be
appointed without approval of Full-fledged PM+Opposition
leader+Speaker+Chief Justice.
Baburam Whats your point?
EC Youre not a Full PM, your just a caretaker PM.
Baburam SO?
EC
So, you cannot appoint new Election Commissioners, because you
are just a caretaker Prime minister!
It means after October 2012, there will be no election
Commissioners, then how are you going to hold elections in
November 2012??
Baburam
Oh well, then Im the luckiest guy alive!
Ill continue being caretaker PM forever!
And though there is no parliament in session. I will continue ruling over
this country via ordinances.
President Ram
Baran Yadav
Damn it. This is ridiculous!Now I ask the political parties to elect a new
PM through consensus within a week.(November 2012)
Baburam Lolz well see.
The political parties, fail to reach consensus. So Baburam
continues being a caretaker PM.
President Ram Baran Yadav extends the deadline. Makes a trip to
New Delhi. (December 2012)
But India didnt give any open support. So he returns empty
handed.
Now caretaker Prime Minister Baburam says well hold election
somewhere in April-May 2013!
In the meantime, he is behaving like a full-fledged Prime minister,
and has been taking major decisions on hydel projects, foreign
investment and promotions of security officials, besides loaning
private companies huge sums of money from national deposit
schemes.
Bhattarai feels the absence of a parliament grants him immunity
from wider scrutiny and accountability.
Baburams next move
So far: CA failed to deliver result.
President dissolved CA, removed Baburam as PM but asked him
to continue as a caretaker PM.
Baburam promised to hold elections in Nov 2012.
But elections are not held in November 2012.
Baburam and Prachanda (Maoist party) are trying to gather support of
other political party by saying following things:
1. Since weve failed to deliver result (Constitution), the UN, India etc.
wont trust us much. And if King Gyanendra tries to make some
move, who knows, India might even support him!
2. So, if you dont support us, then King Gyanendra and monarchy
will return. And hell take the whole pie by himself. Weve an
enemy in common (King) so support us.
3. Nepals public is angry with every political party. So, even if there is
election, nobody is going to get clear majority. So why waste
truckload of cash in election campaigns? So, Instead of that, lets
do following
We pass a new resolution to revive the existing Constituent
Assembly.
To hell with President, if he opposes, well remove him by passing
another resolution!
On the other hand, Nepali Congress (NC) party, is also working to make
a second front. What theyve in mind is something like: get support of
non-leftist forces, Army, upper caste organizations, accept ceremonial
monarchy, and get Sushil Koirala elected as Prime Minister.
[Diplomacy] Nepal Logjam (Part 3 of 3): Chinese
presence, Anti-India sentiments, how & why Indias
policy failed

1. Introduction
2. Chinese Influence
3. USA
4. Murderers are free
5. Human rights are selective
6. Corruption
7. Reservation in Army Jobs
8. Ethnic Unrest
9. Anger against UN and International Community
10. Land transfer
11. The Priest Appointment
12. Why Anti-India sentiment in Nepal?
13. Regressive forces
14. Change of Indias Stand
15. Criticism of Indias Nepal Policy
Introduction
Chinese Influence
However in the late 80s, King of Nepal decided to buy weapons
from China.
India responded by putting trade-embargo on Nepal. This
completely paralyzed the Nepalese economy.
Thus, Royal+Political establishment in Nepal learned the lesson ki
India se pangaa =bahut mahengaa.(If we annoy India, itll be very
costly for us!)
So, the Nepal King cancelled weapons deal with China and
maintained a bit of distance from Chinese authorities.
But ever since the abolition of Monarchy, China is building strong
relations with Nepal.
Lumbini Special Development Zone
Lumbini, about 50 km from Indias border.
It is a pilgrim place for Buddhists and Hindus.
Asia Pacific Exchange and Cooperation Foundation (APECF)=
NGO backed by Chinese Government.
APECF has signed deal with Nepalese Government to
Development this area. (Project worth $3 billion.)
This has upset India, because we wanted to develop this tourist
city on our own.
Infrastructure
China is upgrading an existing airport in the tourist city of Pokhara
China is building four major roads along the Nepal-Tibet border and
four dry ports for Nepal.
Defense
China is setting up a training academy for the Armed Police Force,
China gives annual financial assistance to Nepalese paramilitary
forces and the Civil Police.
Cash
China has given billions of Nepali rupees as soft loan.
Tibet
Nepals stand on Tibet = We recognize Tibet as Chinas integral
part. (One China policy)
When Chinese Premier Wen Jiabao visited Nepal, the Baburams
Government made elaborate arrangements to make sure no Free-
Tibet activist ruined the visit.
USA
2003 USA banned the Nepali Maoist party as a terrorist organization.
September 2012 US has taken their name off the list of terrorist organizations.
This is seen as a move to become friendly with the Nepalese
Government (presently headed by Maoist party) and prevent absolute
domination of either China or India in this country. Anyways, back to the
point:
Murderers are free
Supreme Court of Nepal, convicted a Maoist MP for murder.
But since he belongs to PM Baburam Bhattarais party, the
Government isnot doing anything.
In fact Prime Minister asked the President to pardon that fellow!
The Speaker of Nepalese Lok Sabha did not disqualify the said
Murderer MP even after court-conviction.
This has eroded Bhattarais image in local crowd + among
international players.(UN, India etc.)
Human rights are selective
Amnesty International and other human rights groups say that
Nepals Government (led by Maoists) is not prosecuting their own
leaders for genocide and crimes against humanity.
PM Bhattarai has unilaterally withdrawn human rights violation
cases, including those of murder and abductions, against his party
leaders and cadre.
It seems the international community has chosen to shut its eyes to
the atrocities committed by the Maoists, in the name of getting
politically stable Nepal.
On the other hand, some Nepalese Army officials are being
prosecuted for Human rights violation during civil war. This is
creating bitterness between Army and Government.
UN Mission to Nepal (UNMIN)
To assist the peace process
To manage the arms and armies of the Maoist party (after they
joined democratic process in 2006)
2010: UNMIN left Nepal.
UNMIN has been accused of being Pro-Maoist, when it came to
handling human rights violation.
Corruption
(2011) Nepals ranks around 150 in the Transparency International,
so you get the idea of how things roll in Nepal.
The officers from Irrigation department complained to Prime
minister that Irrigation minister doesnt pass any project unless
bribes are paid to him in advance.
Similarly bureaucrats from almost every department have openly
alleged that ministers demand huge bribes for transfers,
promotions and plum postings.
Elections to local bodies have not been conducted in the past
decade.
Asian Development Bank and the World Bank reports show heavy
corruption in poverty removal programs done at national and local
levels.
Reservation in Army Jobs
One of the Coalition partners of Maoist Government = the United
Democratic Madhesi Front (UDMF) aka Madhesi party.
Madhesi
party
@Prime Minister Baburam Bhattarai,
provide for reservation of 3,000 posts in Army for Madhesis and create a
separate regiment for them, else well pull off support from this coalition.
Babu Ok ok, I agree.
Army
Chief
But I wont agree.
The Nepal army will recruit anyone fulfilling the prescribed eligibility criteria.
We have never discriminated against anyone in the past.
Babu Ok ok. I back off.
So, ultimately this move did not materialize but it angered the other
Hindu castes (Brahman, Chhetri etc.).
Ethnic Unrest
Maoist party wants to divide Nepal on Ethnic lines. (besides, their
coalition partner Madesi party is blackmailing them to create
separate province for Madesi people.)
But other Hindu castes are against this move.
Particularly Brahman and Chhetris (=30% per cent of the total
population).
So they also started bandh and agitations. They donot want
provinces to be created on ethnicity.
Such Bandh and agitations have badly affected tourism and
income of people.
Anger against UN and International Community
UN, Swiss and Norwegian Government had given money to certain
Nepali NGOs and Organizations that claimed to work for poverty
removal.
But ground reality, all the money was only used for particular
castes and groups.
This has further annoyed the Upper caste organizations.
They started agitating against UN and other donor agencies.
Finally UN representatives gave statement We had given money
only for poverty alleviation. If that money has been used for
promoting caste and ethnic hatred, we regret it.
Land transfer
During the Civil War (1996-2006), the Maoists held their Kangaroo
courts and took away land from rich farmers in rural areas and
distributed it among their own cadres.
Under the Peace accord, such land was to be returned to original
owners.
But Prime Minister Bhattarai (of Maoist party) has instructed the
revenue department to legalize such land transfers= Maoist cadres
will continue possessing the land.
This is brewing more tension among villagers.
The Priest Appointment
According to age old tradition, only Indian Brahmin were appointed
as head priest in Kathmandus Pashupatinath temple.
But when Prachanda became Prime minister, he appointed a
Nepali Brahmin as the head priest of the temple.
This led to massive protests by the Hindu community in Nepal.
2012: Nepal Government makes a new law to restore appointment
process. (=only Dravid Shaivite Brahman community from the
Trilinga* area of India can become Bhatt/Priest in that temple.
*Trilinga= a territory that comprises parts of Karnataka, Andhra
Pradesh and Tamil Nadu
Why Anti-India sentiment in Nepal?
In the above points, you saw how and why common Nepalese
people are unhappy with the things.
The rule of Maoist Government has brought nothing but corruption,
ethnic tension, economic problems.
Many Nepalese people have started thinking, This Maoist led
Government is bad and India has supported them to power.= India
is the bad guy.
(Just like how common Afghan people would feel against America,
for supporting that corrupt Karzai regime.)
On the other hand, the regressive forces in Nepal, also hate India
for not supporting Former king Gyanendra and the Monarchy,
during and after the civil war.
Regressive forces
Recall that Maoists did not return the land to the original owners.
So there is bitterness in certain population sections of
villages.(rich, well-to-do farmers etc.)
Similarly the demand of ethnic states for Madhesi etc. are not
acceptable to other Hindu castes (Brahman, Chhetri etc.)
2012: The former king Gyanendra starts making visits to various
districts of Nepal.
Large number of people greet him. There is lot of slogan shouting
in his favor. Thousands of people come to see him and hear his
speeches.
It proves that many people are still in favor of the old traditional
monarchy. (unlike Indian calculation that lead to change of Nepal
policy in 2005.)
And this section of Nepalese want the things to return to old
system.
These forces are labelled as Regressive forces
(Regressive=returning to a former less advanced state.)
Right now theyre fragmented, (dont have a special political party
to champion their cause.)
But who knows, in long term, King and or his family or someone
else might start political party.
This is making Prachanda and the Maoist party bit nervous.
Because public who initially supported them are now disillusioned.
Until now, Prachanda used to run propaganda that Royal family
has stashed truckload of cash in Swiss bank accounts.
But recently the Swiss authorities told that Royal family of Nepal
had no account in any Swiss bank. This has further emboldened
the regressive forces.
So Prachanda is trying scare-tactics in his speeches to woo his
traditional vote-bank, look if you dont support us. These
regressive forces will come back and make your life hell like.
Change of Indias Stand
Recently, Indias External Affairs Minister Salman Khurshids said,
India has no particular likes or dislikes for any force in Nepal.
Meaning well work with anyone in Nepal as long as it serves our
national-interest. (it proves that We want to correct our earlier
mistake of supporting the Maoists.)
This statement of Khurshid has made Prachanda and Baburam
really nervous.
They fear India might play some dirty-trick behind the scene, and
support these regressive forces/King/Nepali Congress(NC) etc. or
even worst: support Kiran, who totally hates both of them!
Criticism of Indias Nepal Policy
1. Under Maoist regime in Nepal, Chinese presence has increased.
(compared to previous Monarchy).
2. India gained an ally (Nepali Maoists) but India lost goodwill of
Common Nepalese people.+ Plus there is new guy to deal with:
Kiran and his anti-India campaign.
Ofcourse, in politics and diplomacy you cannot keep everyone happy.
But
1. Prachandas control over Maoist party has declined. (Recall how
Kiran left his party with almost 1/3 of the cadres.)
2. Many of the remaining Maoist cadres and smalltime party leaders
are unhappy with Prachanda and Baburams corruption and lavish
lifestyle.
3. Most of the Maoists combatants have deposited their weapons to
army, accepted cash and left for their villages.
This means:
1. Prachanda doesnt have the political clout like before.
2. Prachanda doesnt have the power of violence anymore. (He
cannot start another civil war now. Weapons deposited, Maoists
combatants left for home.)
The romance period with Maoism is over. Public is angry and
unhappy.
In next election, Maoist partys seats will decline.
Even Baburam and Prachanda dont have much friendship with
eachother= in future, there may be even more splits in the Maoist
party.
So in the coming days, Prachanda will not be the dominant figure
in Nepal.
This means, he will not be of much use to either India or China.
So, ultimately India wasted time and money supporting the wrong
team for 6 years.
In return we got bad publicity among Nepalese people that we
(Indians) are responsible for their crisis: both financial and
political.
And now India will have to repeat making friends exercise with
whoever becomes the new king maker in Nepal.
Therefore, when President Ram Baran Yadav visited India in
December 2012, Indian establishment did not offer him any open
support.
Right now we are in wait n watch mode to see who emerges as
the main player.



This concludes second part in the series. In the third and the last article,
well see:

[Polity] Juvenile Justice Act: features, Controversy
post Delhi-Gangrape, National Commission for
Protection of Child Rights (NCPCR)

1. What is Juvenile Justice Act 2000?
o Features of Juvenile Justice Act
o Special Juvenile Police Unit
2. Why in News/Controversy?
3. Pro arguments (= reform needed)
o Juvenile Justice in other countries
United Kingdom
United States of America
Australia
o PIL in Delhi Highcourt
4. Anti-arguments (no reform needed)
5. Reforms initiated
1. UP
2. Kerala
6. National Commission for Protection of Child Rights (NCPCR)
7. Functions of NCPCR?
8. Constitutional Provisions
9. UN DECLARATION OF THE RIGHTS OF THE CHILD
10. Mock questions
What is Juvenile Justice Act 2000?
In India, we have accepted the policy of no imprisonment for
children for any offence.
The Juvenile Justce Act of 2000 is the tool to implement that
policy.
The Crimes committed by those under the age of 18, fall under this
act.
Applicable across India (minus Jammu and Kashmir).
Full name: Juvenile Justice (Care and Protection of Children )Act,
2000 (JJA)
JJ Act deals with two categories of children

Child in need of care and protection
Juvenile in
conflict with law
Who?
Children found in difficult circumstances and are in danger of survival
and growth.For example rescued from a brothel, illegal factory etc.
Children involved
in crime.
Authority Child Welfare Committee.
Juvenile Justice
Board.
Under JJ act, ^each category of children are kept in separate care-
houses.
Child himself can appear before the Competent Authority and
demand his/her rights.
Features of Juvenile Justice Act
1. Juvenile cannot be kept in police lock-up or jail.
2. Juveniles cannot be treated or sentenced in the same manner as
the adult criminals.
3. Cases involving juveniles are tried by juvenile Justice board and
not by regular courts.
4. Juvenile Justice board consists of magistrate and two social
workers.
5. The case is decided by majority.
6. If a Juvenile criminal is convicted, at maximum he gets three years
in a reform facility. Thereafter he must be released on probation.
7. Juvenile can only be kept at the special home till he attains 18
years of age.
8. Capital punishment (hanging) or life imprisonment cannot be
imposed on a Juvenile offender, irrespective of the gravity of the
crime.
Special Juvenile Police Unit
JJ Act has provision for setting up such unit in every police station.
Police office of ASI or above rank shall work as as Child Welfare
Officer.
He shall be assisted by two local NGOs.
These units are supposed to identify the children who are
vulnerable to engaging in criminal behavior, and extend help to
them.
But in most of the districts in India, such police units are either not
formed, or theyre non-functional.
Why in News/Controversy?
One of the rapist in Delhi case, claims to be a Juvenile.
Delhi police will file a separate charge sheet against him in a
juvenile court.
Even if he is convicted, hell get maximum 3 years stay in a
Juvenile reform facility.
Once he attains majority (18+), he cannot be kept with minor
convicts at Juvenile reform facility AND he can he be sent to jail
with adult convicts. So hell be released.
This so called juvenile accused, had beat that Delhi gangrape-
victim with an iron rod mercilessly. Yet the law calls him a juvenile
and hell be released with very light punishment.
Therefore, people are angry.
Reforms Sought
The age limit should be lowered for juvenile criminals.
In case of heinous crimes such as rape and murder, the Juvenile
criminals should be tried just like adult criminals.
Pro arguments (= reform needed)
The National Crime Records (2011) speaks for itself
Crime Juveniles (boys under 18) caught approx. numbers
Rape 1200
Murder 1100
Kidnapping 500
Burglary 500
3 years very low
The JJ Act provides that a Juvenile Criminal be placed in a reform
facility for maximum 3 years.
But there is no logical or scientific reason which shows that a
juvenile will be reformed within three years.
In the case of the Delhi rapist, there is no assurance he will be
reformed in three years and will not pose a threat to society for the
rest of his life once released.
Juvenile Justice in other countries
United Kingdom
Here, the age of criminal responsibility, is set at 10 years.
Means any individual above the age of 10 is considered fully aware
of the difference between right and wrong.
In case of a juvenile offender, he can either be tried as a juvenile or
as an adult, depending on the heinousness of the crime.
United States of America
Same as UK= if the crime was heinous (rape, murder etc.), the
juvenile offenders are tried as adults.
Australia
Any individual over 14 years of age is held accountable of any
crime committed by him.
whether the individual is to be tried as a minor or an adult depends
again on the heinousness of the crime.
India
In India, were giving blanket protection to everyone less than 18
years old. Hell, Juveniles are exempt even from special laws such
as POTA, National Security Act etc.
India too should move towards a Juvenile Justice system with
differential penal provisions. (=if a juvenile has Committed any
heinous crime, he must be tried and punished just like a regular
adult criminal.)
PIL in Delhi Highcourt
This PIL seeks Delhi Highcourt to declare some provisions of the
Juvenile Justice Act as ultra vires.
Because recent incidents show that juveniles, who have attained
the age of 16 years, are involved in serious crimes.
Such Juveniles are quite well developed and they do not need the
care and protection of the society. Rather the society needs care
and protection against them.
A person committing a serious crime after attaining the age of 17
years and 364 days cannot be treated differently from the person
who commits the same crime after attaining the age of 18 years
and one day.
Anti-arguments (no reform needed)
The age limit for juvenile justice should not be reduced because
Most of these children grow up in an environment where they are
neglected or face mental, physical or sexual abuse themselves.
These happen because most of the children belong to the poorest
of the poor sections of society and grow up watching violence and
abuse in their families and neighbourhoods.
Throwing them in a jail will not help in their rehabilitation.
Main reason for juvenile crime is the failure to protect vulnerable
children from falling under the influence of drugs or in the wrong
company of adults.
Delhi alone has around 80,000 children on its streets.
When children are living on the streets or in pitiable conditions,
they can easily come under the influence of criminal-minded
adults.
Juvenile Criminals have not increased
The rate of crime by children (that is, the number of children
committing offences per lakh of the population) has not seen a
substantial increase in the last decade
It has gone from 0.9 in 2000 to 2.1 in 2011.
Hence, the demand to lower the age of juvenility is not supported
by crime data relating to children in India.
Similarly India has seen very low Juvenile crime compared to
Development countries such as USA.
Country Juveniles arrested (2011)
USA More than 11 lakhs
India Around 34,000.
Awarding death penalty to a Juvenile will be barbarous in a
civilized society.
A juvenile should not be imprisoned for life, without parole.
Because it would place an unnecessary burden on the taxpayer.
If a Juvenile is sentenced for long-term prison, he might get into
company of hardcore criminals and come out as a member of
organized crime rather than reformed and responsible citizens.
It is the certainty rather than the severity of punishment that deters.
Reforms initiated
UP
The Uttar Pradesh government has put forward a proposal that in
the case of rape, only those under the age of 16 be treated as
juveniles. (=age limit reduced).
Kerala
Kerala state Government has decide to amendment to the Kerala
Juvenile Justice (Care and Protection of Children) Rules
The Social welfare department officials have also suggested that of
juvenile justice rules need not apply in gruesome crimes such as
the Delhi gang rape and such juvenile offenders be treated like
adult criminals.
National Commission for Protection of Child Rights
(NCPCR)
It is a statutory body. (not Constitutional body like CAG or EC)
Act passed 2005
But Commission actually set up in 2007
Functions of NCPCR?
Review national laws, policies regarding Child rights.
Recommend measures to Government for their effective
implementation.
Present annual reports to central Government.
Examine all factors affecting child-rights and suggest
steps to Government
Look into matters relating to
1. Terrorism
2. Communal Violence
3. Riots
4. Natural Disasters
5. Domestic Violence
6. HIV AIDS
7. Trafficking
8. Maltreatment
9. Torture And Exploitation
10. Pornography
1. Children in distress,
2. Marginalised and disadvantaged
children,
3. Children in conflict with law (juveniles
offenders)
4. Children without family
5. Children of prisoners.
Other functions
1. Study international treaties and their implementation in India.
2. promote research in the field of child rights
3. Spread child rights literacy
4. promote awareness
5. through publications, media, seminars and other available means
6. Inspect juvenile custodial homse
7. Inquire into violation of child rights and recommend initiation of
proceedings in such cases
8. Can Receive Complaints. (any language under 8
th
schedule, no
fees).
9. Can take sup moto notice for child rights cases.
10. Enjoys powers of a civil court. (can summon documents,
persons, witnesses etc.)
11. Can recommend Government to provide interim relief to the
victim/his family.
12. Can approach the Supreme Court or the High Court and
request them to issue orders or writs.
13. Can recommend Government to initiate prosecution against
child rights violators.
Constitutional Provisions
15/3 State to make special provisions for women and children.
21A Right to education
23 Human trafficking and forced labour
24 Child labour
39 Healthy Development of children
45 Early childhood care +education
47 State to raise level of nutrition and standard of living
UN DECLARATION OF THE RIGHTS OF THE CHILD
According to UN definition, Children=all under Age of 18.
Category Provisions
Survival
1. The child shall be entitled from his birth to a name and a nationality.
2. Enjoy the benefits of social security.
3. Adequate pre-natal and post-natal care.
4. Adequate nutrition, housing, recreation and medical services.
5. Child shall not be separated from his mother, unless exceptional
circumstances.
6. Child shall be among the first to receive protection and relief, in all
circumstances and disasters.
Protection
7. State shall provide special treatment for physically, mentally or socially
handicapped children.
8. Society and the public authorities shall provide special care to children
without a family or means of support.
9. Shall not be the subject of traffic, in any form.
10. Protected against all forms of neglect, cruelty and exploitation
Development
11. Shall not be employed before an appropriate minimum age.
12. Free and compulsory education, at least in the elementary stages.
13. Full opportunity for play and recreation.
^list not exhaustive, just listing the fodder-worthy points for
essay/interview.
Mock questions
Q1. Which of the following is/are correct about Juvenile Justice Act
1. It only deals with the children accused a crime.
2. It is not applicable in case of special acts such as POTA (repealed)
or National Security Act etc.
3. In case of heinous crimes, it allows the judiciary to treat juveniles
as adult criminals.
Ans
a. Only 1 and 2
b. Only 1 and 3
c. Only 2 and 3
d. None.
Q2. Which of the following is outside the jurisdiction of National
Commission for Protection of Child Rights (NCPCR)?
1. Take suo moto notice of cases related to child rights.
2. Sentence jail term to persons involved in child-abuse.
Ans.
a. Only 1
b. Only 2
c. Both
d. none
Q3. Correct Match
Article Related with
1. 21A, 45 Child education
2. 23 Forced labour
3. 24 child labour
a. Only 1 and 2
b. Only 1 and 3
c. Only 2 and 3
d. All
Q4. Who among following enjoys to the powers to legislate on matters
related to Prison, reformatories, borstal* institutions and other such
institutions?
a. State
b. Union
c. Both (concurrent)
*Borstal= Formerly a British reform school for youths considered too
young to send to prison.
Descriptive
Each for 12 marks (120 words)
1. What are the salient Features of Juvenile Justice Act 2000 (12m)
2. Examine the need for reforms in Juvenile Justice Act.
3. List the functions of National Commission for Protection of Child
Rights (NCPCR)
4. Discuss the Initiatives taken by Government for protection of Child
Rights.
Essay
1. In serving the best interests of children, we serve the best interests
of all humanity.
2. If we are ever to have real peace in this world we shall have to
begin with the children.
3. Justice and peace can only thrive together, never apart.
4. A society that has more justice is a society that needs less charity.
5. Silence in the face of injustice is complicity with the oppressor.
6. An act of justice closes the book on a misdeed; an act of
vengeance writes one of its own.
Interview
1. What are the responsibilities of a district collector regarding
protection of child rights?
2. Are you in favor of reducing age limit of Juvenile criminals? Yes/no
why