Tag: inclusion

A symbolic movement for social justice and inclusion

Months before the promulgation of the Constitution on Ashwin 3, 2072 (September 20, 2015) debates on social justice, inclusion, and reservation had pervaded the Constituent Assembly and the streets. At Tri-Chandra Multiple Campus, where I was doing my bachelor’s at that time, there would be heated debates between friends. Some were favour of the policies, some against, and still some demanding a nuanced and balanced approach. Although the policies are etched in the Constitution through the Preamble, Fundamental Rights, and State Policy, the following questions are still relevant:

1. Is social justice necessary in Nepal?

2. Has inclusion changed anything?

3. Can we afford the current model of reservation?

This article, a continuation of the Constitution Study series, gets into the constitutional promises, actual practice, and way forward in the matters of social justice, inclusion, and reservation.

In this post, you’ll read about…

1. Initiation in the Democratic Era (2007-2017)

Democracy is often thought of as an idea that automatically includes everyone in the state structure and governance. The truth is: it is not enough. Nepal’s democratic movements in 2007 B.S. (1951) barely scratched the Rana oligarchy and gave power to another group of elites.

2. Reversal in the Panchayat Era

The Panchayat era (2017-2046) stripped even the right to voting. It created a monolinguist, monocultural, and monoreligious nationalism in a country with diverse languages, cultures, and religions. On the surface, Nepal was united by a single language, culture, and religion, but underneath the seed of conflict was brewing.

3. Resurgence during Civil War

The Jana Aandolan of 2046 brought on the surface some issues related to women and Dalits, but it still could not accept the diversity as the national characteristic. While the Maoist movement did not begin with the issues of social justice and inclusion, it picked the idea to mobilize and motive more people into the war against the government. The narrative of historical injustice struck the chord of the marginalized, and they went wholeheartedly into the war.

4. Outcry during the Constituent Assembly Era

Issues of social justice, inclusion, and reservation found their way into the mainstream after the 2062/63 Jana Aandolan II. The Madhesh Aandolan of 2063 and 2064 aggressively demanded federalism and correction of historical injustices. Movements of Aadivasi Janajatis (indigenous groups), women, Dalits, and others before the promulgation of the Constitution institutionalized the issue.

5. Constitutional Implementation Era

There are still some debates regarding social justice, inclusion, and reservation despite constitutional promises. Complaints about elite capture have raised concerns on the fair and just implementation of those provisions and if it is necessary to amend the Constitution and other laws.

6. Nepal’s Global Commitments

Apart from the above domestic movements, Nepal’s ratification of different international human rights laws also gave way to social justice, inclusion, and reservations for the marginalized, such as:

CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
CRC (Convention on the Rights of the Child)
ICCPR (International Covenant on Civil and Political Rights)
ICESCR (International Covenant on Economic, Social and Cultural Rights)
UNCRPD (Convention on the Rights of Persons with Disabilities)

The Constitution’s Bold Promise and Its Global Roots

Article 18 of the Constitution enshrines Equality before Law, guaranteeing non-discrimination based on origin, religion, race, caste, tribe, sex, physical condition, condition of health, marital status, pregnancy, economic condition, language, region, ideology or any other status. It also introduces affirmative action, mandating the state to enact special laws and policies for the protection, empowerment, and representation of marginalized communities, including women, Dalits, indigenous groups, Madhesis, Tharus, Muslims, people with disabilities, and backward regions.

Similarly, Article 24 prohibits untouchability and caste-based discrimination in any form. Article 42 guarantees the Right to Social Justice, enabling marginalized groups to participate in state bodies on the basis of proportional inclusion.

State Policies (Article 51(j)) also include the matters of social justice and inclusion. It guides the State to work towards building an environment to allow the participation of diverse groups in governance, and ensuring their political, social, cultural, and economic protection.

But do these lofty provisions translate into meaningful transformation?

Positive Outcomes

Data from the Economic Survey 2081/82 shows that social indicators such as education and health have improved overall, but gaps persist:

The Human Development Index is 0.622, which is still low compared to regional peers.
Education statistics reveal glaring disparities. Community schools with predominantly marginalized students consistently perform worse than institutional schools. SEE results show deep inequalities in quality and accessEconomic Survey 2081-82.
In social security, over 3.5 million people benefit from allowance schemes (elderly, disabled, widows), but reports of exclusion and misuse remain frequent.

Nepal’s 16th Five-Year Plan also highlights the goal of creating a just and equitable society, explicitly targeting:

Increased participation of women, Dalits, Madhesis, and other marginalized groups in decision-making.
Reduction in multidimensional poverty.
Inclusive economic growth through social protection and targeted investments.

However, the same plan admits to persistent inequality, elite capture, and weak implementation mechanisms, especially at the local level.

Persisting Challenges

Lack of civic awareness and knowledge (sometimes even denial) on historical inequalities, and attitude of the rulers and the ruled keep bringing up problems in effectively implementing the constitutional provisions of social justice and inclusion. These problems can be summarized as:

Implementation Gap: Laws exist, but mechanisms are weak, underfunded, or politicized.
Elite Capture: Affirmative action benefits the dominant voices within marginalized categories, while the poorest remain excluded.
Data Deficiency: Many groups are invisible in national surveys and policy planning, making targeted interventions difficult.
Social Attitudes: Deep-rooted biases in bureaucracy, politics, and society obstruct real transformation.

Even programs meant to uplift the marginalized are often politicized, leaving the truly marginalized behind.

We must confront the bitter truth: A policy that looks fair on paper can still feel unjust in practice.

The Way Forward

If we want real change, we must ask tough questions and act boldly:

Is inclusion reaching the poorest within marginalized groups?
If not, we need audits and reforms to prevent elite capture. We may even have to limit the number and period of reservations an individual can get.
Are our education and healthcare systems inclusive by design?
Can we make inclusion part of everyday governance?
Are we prudent enough to let the Constitution and laws guide us?

We are not doing favour by implementing social justice and inclusivity. They are not gifts. They are orientation towards basic human rights. And the longer we delay its full realization, the more fragile our democracy becomes.

State and Nation in the Constitution of Nepal

By Sandeept

On May 18, 2025

In Constitution Study, Nepal, Politics

Constitution Study #3: Between promises and practices of state- and nation-building

Reading the Constitution of Nepal can be frustrating when similar words represent different meanings. For instance, the words “state” and “nation” interchangeably in casual conversations and articles, and at times, even in political discourses. The Constitution, however, formally defines them as different concepts and dreams of a just, inclusive, and united Nepal. But, as anyone who has walked through a village neglected by development or spoken with someone whose language isn’t recognized in state institutions knows, dreams don’t always unfold as promised.

In this article, I explore the definitions and distinctions of the concepts of “state” and “nation” and critically examine the ongoing projects of state-building and nation-building within Nepal’s constitutional and socio-political context.

In this article, we discuss…

1. Constitutional Definitions of State and Nation

i. State:

Article 4 defines Nepal as an:

“… independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state.”

The State is thus, a legal and political construct designed to exercise authority, ensure rights, and deliver governance. It represents the political system, power separation and division of political units.

The Nepal State is constituted by its independence, constitutional and popular sovereignty (Articles 1 and 2), and democratic and federal institutions (federal, provincial, local).

ii. Nation:

Article 3 declares:

All the Nepali people, with multi-ethnic, multi-lingual, multi-religious, multicultural characteristics and in geographical diversities, and having common aspirations and being united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of Nepal, collectively constitute the nation.

The definition of Nation says that it is a socio-cultural construct based on shared historical experiences and collective aspirations. It is the culmination of the Nepali people—from Olangchung Gola, Taplejung to Chandani-Dodhara, Kailali to Limpiyadhura, Darchula to Kechana, Jhapa—in their diverse identities, cultures, and their interests, desire for independence and territorial integrity. A nation is, therefore, upheld by its people, united by common goals in spite of differences among themselves.

The Preamble of the Constitution also emphasizes the sovereignty of the people and unity in diversity.

2. State-building: Structures and Challenges

i. Structures Created

The Constitution has created a three-tiered federal system with a complex web of institutions and governance structures. The primary aim of federalism is for decentralization of power and resources, while enhancing accessibility to basic services among common people.

ii. Challenges:

Despite the Constitutional promise, federalism in Nepal has faced several challenges, including, but not limited to,

Capacity gaps and coordination issues between levels of government.
Insufficient and complicated legal provisions, for example, provincial laws on civil service came out before the federal law, creating confusion and chaos.
Weak implementation of laws and fiscal federalism.
Political instability affecting Federal and Provincial levels.
Patronage-driven bureaucracy.
Public disillusionment due to unmet expectations.

The current state of state-building in Nepal is seen not only in frustrated youths going abroad but also in leaders who won elections believing they could bring some change. The frustration is slowly converting to rage, displayed through protests, riots, and extra-constitutional demands of monarchy. What comes out of it will depend on various factors, prominent among them, popular sovereignty, discussed in this article.

3. Nation-building: Identity, Inclusion, and Discord

i. Efforts:

Nation-building encourages the feeling of ownership among all the Nepali people irrespective of their origin, languages, cultures, and traditions. The Constitution commits proportional inclusion and participation. It legally recognises indigenous nationalities, languages, and cultures. It also sets up affirmative actions in civil service, education, and representation.

While constitutional provisions for inclusion are commendable, true nation-building demands more than legal recognition. It requires a reconciliation with past injustices, the crafting of shared national narratives that embrace all Nepalis, and reforms in education that foster empathy, dignity, and mutual respect. Without these cultural and psychological foundations, legal measures risk becoming hollow gestures.

Several civil servants and schoolteachers are in their positions today because of these provisions, and the strengthening of commissions like the Public Service Commission (PSC). The change is palpable. These changes demonstrate the Constitution’s strength and make me hopeful, but the gaps in implementation are hurting the sentiments of the constitution.

ii. Gaps and Tensions: From Constitutional Promise to Political Reality

Despite constitutional guarantees, there are some grave areas of concern surrounding nation-building. For instance,

The Sixteenth Plan (2024/25–2028/29) continues the language of justice, prosperity, and inclusion, but acknowledges structural weaknesses in governance, economic equity, and service delivery.
The unfulfilled promises of transitional justice continue to alienate conflict victims. Without formal reconciliation, the wounds of the past hinder a shared future.
Despite impressive gains in literacy, infrastructure, and legal frameworks, the gap between constitutional vision and lived reality remains significant.
Economic Survey 2080/81 highlights both progress and persistent disparities in income, access, and human development.

Weaknesses in governance brought about by lawlessness, injustice, and corruption makes people lose hope. They feel abandoned by the government and set up their own ecosystem outside the constitution and laws for survival. The result could be a rise in outlaws or militants, risking increase instability and violent resistance in marginalized regions.

For nation-building to thrive, Nepal needs shared narratives that recognize Madhesi heroes, Janajati resistance, and Muslim contributions alongside more mainstream histories. Without such narrative parity, inclusion remains symbolic.

Similarly, education remains one of the most underutilized instruments in Nepal’s nation-building project. A curriculum that genuinely reflects Nepal’s ethnic, linguistic, and regional diversity—not just tokenistic mentions—can nurture empathy and unity among the next generation.

Conclusion

Nepal’s Constitution lays a bold foundation for a democratic, inclusive, and sovereign state that celebrates its multi-ethnic national character. However, the transition from textual commitment to substantive transformation demands deeper reforms, robust implementation, and sincere political will. The absence of political will not only hampers the implementation of constitution but also raises distrust among the people. True nation-building must go beyond symbolic inclusion to embrace structural change, social justice, and a reimagined civic unity that respects diversity.