Citizenship Dispute: Adopted Kuchingal (Chronology) & Indian Interest
Citizenship Dispute: Adopted Kuchingal (Chronology)Chandramani Gautam’s note
The problem of citizenship has never been solved. Before this problem, it was like a monkey’s wound, like a beggar’s wound during the election. Let’s take a look at what has happened in the past on the issue of citizenship:
In 2009, for the first time, the Citizenship Act (with 11 articles) was issued. It was based on the status of two citizens, ‘inhabitants’ as descendants and ‘settlements’ as adopted. The Act stated that a person must have resided in Nepal for at least five years in order to obtain citizenship on the basis of residency, and be disqualified from being Prime Minister, Minister and Chief of Army Staff for 10 years.
In 2019, the provision of citizenship found a place in the then constitution. Under the active leadership of King Mahendra, the Citizenship Act was promulgated on 16 Falgun 2020, which maintained the spirit of the 2009 Act and tightened the process of acquiring citizenship. If a foreigner wants to get Nepali citizenship, he/she has to stay in Nepal for 15 years and know the Nepali language. This provision was removed from the Interim Constitution of 2063. Citizenship has been provided on the basis of the father since 2020 BS.
The citizenship team was mobilized in four phases from 2032 to 2038 BS. 69,19,762 Descendant and Birthright citizens and 32,000 adopted citizenship applications were collected. Of the descendants and birth certificate, 51 lakh 27 thousand 441 people got temporary relief.
In order to win the Panchayat side in the 2036 referendum, the then Prime Minister Surya Bahadur Thapa tricked millions of non-Nepalese into joining the voter list. After all, it became a politically pressing demand to make this list the basis of citizenship distribution.
The National Population Commission, headed by Prime Minister Surya Bahadur Thapa formed a migration working group under the coordination of Dr. Hark Gurung . The working group reported in 040. After the report defined the Madhesi community as ‘of Indian origin’, it had an impact on Tarai citizenship. This gave birth to the ‘Nepal Sadbhavana Parishad’ which was transformed into the Sadbhavana Party after the Jana Andolan of 2046 BS.
District level citizenship investigation committees formed in 1940 BS. Distribution of citizenship certificates to those who have received temporary leave.
Twice in 2043 and 2044-45, 104 teams were deployed with the conclusion that 6.8 million Nepalis did not have citizenship certificates. In 2045 BS, 2.142 million people did not have citizenship. In 2043-44 gov distribute 4.5 million citizenship certificates.
After 2046, the issue of citizenship began to gain traction as a multi-party contest. In 2051, when the then UML minority government formed a high-level committee under the coordination of Rupendehi MP late Dhanapati Upadhyaya, a citizenship-centric political maneuver began to increase its dominance in the Terai. The Capital Commission has estimated that there are 3.4 million stateless people in the country and the situation is complicated and serious. After leaving the government, the UML raised the issue of citizenship in the parliament and other forums.
In response to this, the government led by Sher Bahadur Deuba formed a committee comprising Congress MP Mahanta Thakur in 2052 Mangsir 25, Jay Prakash Prasad Gupta, RPP’s Mirza Dilshad Beg and Sadbhavana Party’s Anis Ansari. But the Deuba-led government, Dhanpati or Mahanta, did not implement the report of any commission. The Deuba-led government fell in Falgun 2053.
A government was formed with Lokendra Bahadur Chand as the Prime Minister and Bamdev Gautam Sarvesar as the Deputy Prime Minister and Home Minister. Sub-PM As soon as Gautam joined the government in Chaitra 2053, he formed a one-member ‘Citizenship Monitoring and Work Evaluation Committee’ under the coordination of the then UML MP Jitendra Narayan Dev. But his committee formed a citizenship team and started distributing citizenship certificates unofficially. The work, which has already been distributed to 34,090 people, was canceled by the Supreme Court on 8th Shrawan 2058 after a writ petition was filed by advocate Bal Krishna Neupane.
After the 2056 general election, Prime Minister Girija Prasad Koirala introduced a new citizenship bill with loose provisions in the House of Representatives. The bill was passed by the House of Representatives, but not by the National Assembly. Although it was constitutional for the House of Representatives to re-approve the bill rejected by the National Assembly and send it to the King for red-stamping, King Birendra sent it to seek the opinion of the Supreme Court. In the end, the bill fell through.
The House of Representatives, re-established by the Jana Andolan in 2063 BS, issued the Nepal Citizenship Act on Manshir 10 of the same year. Article 4.1 states, “A person who has been born within the borders of Nepal and is permanently residing in Nepal by Chaitra 2046 BS shall be a citizen of Nepal on the basis of birth.” There is no justification for considering the year 2046 as the basis of birth.
The Interim Constitution of 2063 BS paved the way for the adopted Nepalis to reach high and executive positions such as President and Prime Minister. After the change of 2063, the citizenship team was formed and mobilized and citizenship was distributed to 2615 thousand 615 people including 1224 married people and 528 adopted people.
After the promulgation of Nepal’s constitution in 2072 BS, India, which was angry and even took blockade measures, does not seem to like the strict adoption of this constitution in the case of adopted citizenship. The then Indian External Affairs Minister Sushma Swaraj had said in the Rajya Sabha on 21st Manshir 2072, the reason for the blockade against Nepal. However, the provision of marital adopted citizenship has been abolished in the current constitution. ”
After the promulgation of the new constitution in 2072, India sent a seven-point letter asking to amend it, the Indian English daily Indian Express had revealed on 6th Ashoj 2072. Instead of the provision in the constitution, “a woman who is married to a Nepali man can take adopted citizenship if she wants …”, the provision was to give “citizenship as soon as she marries a Nepali”. This is the Indian rage.
The reality is that a foreign woman who is married to an Indian man must have spent seven years after her marriage to get Indian citizenship. Until a few years ago, this condition was 5 years. Even after this, Indian citizenship can be obtained only after going through a very complicated process. It is here that India seeks the facility of ‘Sindur in one hand and citizenship on the other hand’.
Constitution of Nepal 2072
Article 289 (1) of the current constitution states, “In order to be the President, Vice-President, Prime Minister, Speaker of the House of Representatives, Chairperson of the National Assembly, Head of State, Speaker of the Provincial Assembly, and Head of the Security Forces, must have Birthrights citizenship.”
Article 11 (6) of Part 2 of the same constitution states, “A woman who is married to a Nepali citizen may, if she so desires, acquire the adopted citizenship of Nepal in accordance with federal law.”
(The present note was taken by Sitaram Baral / Ram Bahadur Rawal under the headline ‘Always Kichlo’ in the Sunday, 12 December 2072 issue of Nepal Weekly Magazine and the accompanying photo of Sitaram Baral under the headline ‘Tarang Angikritko’ and the accompanying photo was taken on Sunday, 5 December 2073 issue of the same weekly magazine.)
Courtesy: Chandramani Gautam