Take 1: World’s best constitution turns seven!
Tomorrow, 19th September 2022, marks the seventh birthday of the “world’s best constitution”, and the Nepali state codifying that all Nepalis are equal, but some are more equal than others. Yes, we are referring to the discriminatory citizenship act that does not allow women to pass on citizenship to their children independently and without any conditions.
Congratulations uncles, you did it!
Elections ko sargarmi chali rahada, the bill to amend Citizenship Act 2006 was recently endorsed by both houses and sent to President Bidhya Devi Bhandari for authentication for a second time.
And so the ping-pong continues while thousands of Nepalis remain stateless, and lose access to basic state services, and opportunities.
While the amendment to the bill paves way for thousands of children of Nepali parents to acquire citizenship by descent, recent amendments still fail to treat women as equal citizens.
For a Nepali woman to pass down citizenship by descent to her child she must meet these four conditions: she must have been born in Nepal, she must be residing in Nepal, the father of the child is ‘unidentified’ or ‘untraceable’, and moreover, she must make a somewhat legally binding declaration that the father is ‘unidentified’ or ‘untraceable’, because if the woman’s self-declaration is found to be false, then she can be fined and face jail time.
And if you are a Nepali woman married to a foreigner…well, what were you thinking?
In the case of a Nepali man, of course, no conditions because they are bir, gorkhali, purush-man.
Despite continuous protests, ongoing movements on multiple fronts, and relentless activists on the ground, the state machinery continues to humiliate women and render them powerless when it comes to citizenship rights.
In all these years, the state has repeatedly and often proudly exposed its perversely patriarchal and misogynistic nature. We’ve tried to identify and list some of the ways in which Nepali men and the Nepali state continue to treat women as second-class citizens.
Fijikaran
Nothing unites Nepalis as much as their love for momos, and the fear of ‘fijikaran’. Put simply, ‘fijikaran’ is the unexplainable fear among Nepalis since the Panchayat-era that Nepal will be swallowed by its big brother neighbour India. Poor CK Lal has been writing about it since 2001. And all our bir gorkhali Nepalis make sure they throw this ‘fijikaran’ card every time there is a discussion about access to citizenship rights for all.
Women’s character
Nepali uncles who keep harping on about the ‘world’s best constitution’ and the gender equality it enshrines, are also quick to raise questions on women’s ‘character’ and morality every time we demand equal citizenship rights. And these aren’t just those keyboard warriors. Elected representatives, as well as established authors and public figures, don’t think twice before making such misogynistic remarks, cos #DeshpremAboveAll
And this is what our lawmakers had to say about the citizenship bill in 2019.
First up, the bir-est of ‘em all, Bhim Rawal uncle.
So this week, we have compiled a list of insightful pieces, which shed light on the citizenship debate that’s been going on forever in Buddha ko janma bhumi Nepal.
Everything you need to know about new amendment to the Citizenship Act (The Kathmandu Post, July 2022)
Acquisition of Citizenship Certificate in Nepal: Estimation and Projection
According to this report by FWLD published in 2015, about 6,700,000 people are estimated to be without citizenship certificates, therefore stateless in Nepal. Sadly, this is the only study that has tried to dig into the number of stateless individuals in Nepal. No official study has been undertaken on the issue.
वैवाहिक अंगीकृत नागरिकता घातक छः सांसद देवकोटा (Reporters Nepal, July 2022)
Not surprising that it is always uncles who argue against issuing citizenship to a foreign man married to a Nepali woman stating concerns about national sovereignty. Clearly shows the patriarchal and ultra-nationalistic anxieties leading to such policy decisions.
What mainstream feminists are getting wrong about the citizenship debate (The Record)
This is what our lawmakers had to say about the citizenship bill in 2019 (Setopati)
State of Statelessness Podcast, Episode 1
Listen to the podcast episodes we have produced on the issue
In 2021, we talked to journalist Abha Lal about the citizenship debate in Nepal and how the recurring amendments disproportionately discriminate against women from the Madhes.
#54 Cold Takes by Boju Bajai feat. Shova Sharma
This conversation featured journalist Shova Sharma who provided insights into the Nepal Citizenship (first amendment) Ordinance 2021, which was promulgated by President Bidhya Devi Bhandari on May 23, 2021.
In this episode, we talked about the hullabaloo among Nepali uncles when an amendment to the Citizenship Act was made in 2019 paving the way for individuals, whose parents are Nepali citizens by birth, to acquire citizenship by descent.
Boju Bajai regularly works with reporters and researchers to bring compelling audio stories that centre and amplify women’s experiences. If you would like to support our work, please consider being our patron.