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Wednesday, October 15, 2014

Gandhi Also Refused To Pay Bail

वामदेवके कुत्ते ब्रिटिशसे भी दो कदम आगे हैं जो कि सीके को एक राजनीतिक बंदी का इज्जत नहीं दे रहे हैं।


His first satyagraha in India was in Champaran, in Bihar, where he went in 1917 at the request of a poor peasants to inquire into the grievances of the much exploited peasants of that district, who were compelled by British indigo planters to grow indigo on 15 percent of their land and part with the whole crop for rent. The news that a Mahatma had arrived to inquire into their sufferings spread like wild fire and thousands of peasants left their villages to have his darshan and to tell him of their woes. The vested interests were up in arms and the police superintendent ordered Gandhi to leave district. Gandhi refused and was summoned to appear in court the next day. Thousand of peasants followed him there. The embarrassed magistrate postponed the trial and released him without bail, for Gandhi refused to furnish any.

Later, the case was withdrawn and Gandhi proceeded with his inquiry. Along with the inquiry, he educated the peasants in the principles of satyagraha and taught them that the first condition of freedom was freedom from fear. He sent for volunteers who helped to instruct the illiterate and ignorant peasants in elementary hygiene and ran schools for their children. This kind of activity was typical of Gandhi. Even as he taught people to fight for their rights, he taught them to fulfill their obligations. A free people must learn to stand on their feet. But the more he worked for the people the less was his presence welcome to the Government who were at last obliged to set up a committee of inquiry. The report of the committee of which Gandhi was a member went in favour of the tenant farmers. The success of his first experiment in satyagraha in India greatly enhanced Gandhi's reputation in this country.

Hardly had his work in Champaran been done when Gandhi was called to his ashram at Sabarmati by an urgent appeal from the textile workers of Ahmedabad whose dispute with the mill-owners was taking a serious turn. Having satisfied himself that the workers' demands were legitimate and mill-owners' refusal to submit the dispute to arbitration unreasonable, Gandhi asked the workers to strike, on condition that they took a pledge to remain non-violent. They agreed, but after a few days their zeal began to flag and Gandhi feared that they might break the pledge and resort to violence. Since it was the fear of starvation which drove the workers to desperation, Gandhi decided to starve himself. He declared that he would not touch food until a settlement had been reached. At the end of three days, both parties agreed on an arbitration amid general rejoicing.

Budhanilkantha School Died For Me On The Kanchenjunga Balcony

English: Pumori House
English: Pumori House (Photo credit: Wikipedia)
One detail I note about Sanjay Dutt and Salman Khan's brushes with the law is both are half Muslim. To be Muslim in India is to be black in America. Every country seems to organize itself around The Other. Maybe in Nepal that has befallen upon the Madhesi. I identify with the blacks in America because I grew up Indian in Nepal.

I started my education at home in my homevillage. I did attend the local village school. Then I shifted to Janakpur where my father had set up shop after his training in Muzaffarpur; his shop years later became the largest radio and electronics shop in town. After trying a few schools, I became part of the first batch of the first English medium school in town. It was launched by a transplant from Kathmandu, a Hemraj Tamrakar. His brother/cousin would be Ratna Tamot, who headed the Nepali Department at Budhanilkantha School. Now deceased. By the time I ended up at Budhanilkantha School I had been part of so many schools. Maybe half a dozen. But my father did not learn about Budhanilkantha from Tamrakar. And years later when I went to see him, he bemoaned the fact that I had moved. He would have liked some good SLC results for his school, he said. 

The only reason I got into Budhanilkantha School is rather tangential. At this Janaki School there was this teacher Durga Chhetri. He was from Nagaland. The credit for my cursive handwriting goes to him. And there was this Mohan Sir. Both of them liked this Miss. But Miss liked Mohan Sir. One day Durga Sir misbehaved. He pushed Miss. Miss was crying. 

Later that day I went to the school's hostel to see Binesh Yadav. I was a day scholar. My house was very close to the school. But Binesh had nobody in town. His father, like my grandfather, were politicians. His father was a Wada Chairperson. My grandfather was the Pradhan Panch. Binesh was from an adjoining village. 

When I went to see Binesh, Mohan Sir saw me. He called me into his room. I must have looked empathetic to him. He told me how wrong it had been of Durga Sir to push Miss, and that I surely agreed with Mohan Sir's assessment. I don't remember saying anything. But he must have been impressed. He took it upon himself to go see my father to tell him that his son was too smart for this school and should be sent to a much better school, maybe some place like Darjeeling. 

Darjeeling was not on our map. People did not go to Darjeeling. It felt too distant. But my father came to know of entrance exams to some school in Kathmandu. He was aware of Sainik Schools in Bihar that also had entrance exams. 

I was not the top student in my class, although I managed to be among the top five. The top guy - "First Boy" - was a Sandip Giri. He has now launched the company Gham Power in Nepal. Before that he was in California. But I don't think I have had any contact with him after the primary school days. I sent him a message on Facebook a few months ago when my primary school best friend Rajesh Gupta (now in Augusta, Georgia, USA) told me about him. I never heard back. 

I was made to sit the entrance exams for Budhanilkantha School multiple times. The papers showed me a student at the primary school in my homevillage to enhance my chances. My father had a Honda motorbike then. He said later the credit goes to the bike. How else would we have gone to all these various exam centers?

Sandip's father was a "Hakim." His family lived in a government quarter. 

I took to Budhanilkantha School like duck to water. I was the top student in class from the get go and I stayed that way year after year. One year in Class 6, I had the highest marks in every single subject. There were very few people who did that. There was a Bishwa Limbu two years senior to me. He was like me. He was top of his class every year. Otherwise it was not true there was that one person in each class. But Bishwa had only one other thing. He would act in plays. Otherwise he did not have anything else. My other big thing was I would take leadership positions. And these were teacher appointed things. I was House Captain in Class 5, again in Class 10. In Class 11 I was unanimously elected by my classmates for the "BOSS" event. I was nominated to be School Captain, although they took it away from me within a month, and very unfairly so, but more on that later. 

I won a best actor award in middle school. I also became the school mental arithmetic champion in middle school. They put you on stage in front of the entire school and they would ask you math questions. You had to calculate in your head and blurt out the answers. It was quite a spectacle. In Class 10 I got a poem published in Nepal's top poetry magazine, Royal Nepal Academy's Kavita. I was what they called an all-rounder. I was not a star athlete, although it was not for lack of participating. I did manage to get on the teams. I remember doing Division A pentathlon in Class 10 and winning something. It will be my eternal regret I was not taught better soccer skills. 

Most important was being top in class academically. Because that is what most mattered to my father. Everything else was bonus. And teachers became happy when you did all that. And the only thing people in my homevillage cared about was that I went to school with the future king. Dipendra was three years Senior. Paras was a classmate. Nirajan was a few years junior. One day I was sick and all alone in the school's clinic. It was in the evening. And Nirajan showed up all by himself. He had not come to see me. He would not have known I was there. He said he just came to see if anyone was sick. 

I was a high energy person, I still am. I lived a full life. But once a year I would fall sick. It would come out of nowhere. It has continued to this day. Once a year I fall sick. I have to sleep and sleep and sleep and then in a few days I am back in business. A long time ago my greatgrandfather said it is good to fall sick one time a year. That is how the body cleanses itself. 

I "get" the Pahadi-Madhesi thing. I "get" the white-nonwhite thing. To some extent I "get" gender. As in, I "get" women's perspectives. But I don't "get" caste. And I sure don't "get" class. At some level I have always been a monk, you could say. After I got out of Budhanilkantha, I went to live in Sanepa, because that is where most people from my homevillage were. After crashing at this guy's place for a few days, I found myself a room. It was hard to find. It was tiny. I think it might have been windowless. A Bhagat from my homevillage remarked "Your family does not even keep its animals in a place like this!" Another guy whose house was adjacent to mine in the homevillage noted, "It is amazing how you can move from a place like Budhanilkantha School to this room and be equally happy!" Monk, I told you. Even today all I seem to care about is having internet access. I have to think of things like global poverty to want to become a successful tech entrepreneur. I can't think of my needs. My needs seem to be already met! They are modest needs!

My greatgrandfather had more land than anyone else in the village. No, he was not a zamindar. He was a self-made man. I would like to at some point have outdone him in wealth creation. I have not done that yet. I feel like I have not even started on the journey of wealth creation. But that's okay. Sam Walton was older than me when he launched Walmart. There are three people from my homevillage in America right now. Me, my sister in Boston, and the third guy just showed up a few months ago. His father had more cash than anyone else in the village, and his family had an elephant. You guessed it, a moneylender. The elephant was business for him. He would buy a baby elephant in Sonpur mela. In the village people did not mind if the elephant ate some of your green. When the elephant grew up, it was sold for a handy profit. This new guy who showed up, one of the first things he told me -- I had seen him when he was a kid, but the first time I ever talked to him was in America - was that I had not yet outdone my greatgrandfather in wealth creation. 

My greatgrandfather was a self-made man. It was a rags to riches story. Other Bhagats were still just getting by when I was growing up in a locally well to do family. But what that meant was we always had plenty to eat. It is not like we had a car or a television set or a phone. We had bullock carts. We had messengers. If a daughter of the family needed to be sent a message, a messenger would be sent to her village. 

Much later when I showed up at Berea College, one day this white guy friend of mine "accused" me of walking around campus "like you own this whole damn college!" I brushed him off. What do you mean, I said. Another student, this cute girl, surmised maybe I was a prince where I came from. I said, not true. But I do know a few princes, I said. That owning the college thing actually flustered me. I was like, how does someone walk if one DOES think like he owns the whole place!? Today I think maybe I picked up a few attitudes the first few years of my life growing up in the household of a guy who owned more land than anyone else in the village. Maybe when you go to school with all three princes in the country and if the princess at one point had a crush on a classmate of yours (Subir Kunwar in Colorado), all that rubs off on you a little bit. 

Budhanilkantha School changed my life. But it also hit me. It threw me off course. 

Class 10 being House Captain was the happiest year of my life to date. But starting from towards the final few months of that year and all through the final three years of school, I was terribly unhappy. I might even have been depressed. It was like towards the end of my Class 10 year someone stabbed me in my thigh and I was limping around for the rest of my time behind those walls. 

As House Captain I performed like no House Captain I had known of to date in that school's history to my knowledge. I did extremely well. One British teacher wrote, "You have raised morale here like I have never seen anywhere at any boarding school." 

We won all competitions, academic, sports and otherwise. Lojak was in Class 9. I guess it is okay to talk about it openly now after so much time has passed. He was the least well performing student in the entire House. The housemaster Narayan Prasad Sharma and I had a meeting about it. I took it upon myself to give total personal attention to Lojak. I think I managed to pull him up by 10-20 points. I don't remember exactly, but I managed to get him out of the danger zone. He was not expelled. 

NP went on to become Headmaster for two decades after the British left, looks like. He was a great Housemaster. The guy was high energy. One story I shared with many was, one day I showed up at his apartment/office to say we needed some paper for a wall magazine. Usually he would have some in the office. He would pick and give. But he found out he had run out. He said he could get some from the staff room. And the guy quite literally ran. Teachers are not supposed to run. They are supposed to walk with dignity. There was this Pant, Math teacher. He walked with the greatest dignity of all. 

It is not like the staff room was next door. It was a good run away. And NP did have a small belly. He was not fat. I would not say. But he did not have a flat stomach either. No six pack there. 

Being the top student year in year out at the top school in Nepal I used to fantasize about coming up with something unique, making some contribution in the field of thoughts. I would read about the major breakthroughs in human thoughts, and I wondered if I could do something along those lines. I was pretty well read in world history. I knew a ton about Gandhi, about Lincoln and slavery, about MLK. I knew. But all that I put in the distant past. The present was different. My British teachers were the ones who showed us the movie Gandhi. How bad could they be!

I almost never used the word Madhesi, to describe either myself or anyone else. Success is a privilege of its own kind. I was not privileged like Paras, sure. But I had a place in my class that Paras did not. And that was a privilege. 

Paras would buy expensive cigarettes and share with his friends on the soccer/football team. One day that was in the bathroom of my house. I was in Class 9. I walked by. He offered me, I said no thanks. We both exchanged mischievous smiles. But Balam dai, the star defender of the school soccer team, he was all too happy to puff it away. 

One day on a walk on the school grounds I spotted Dipendra with a friend of his. They were also sneak smoking. It was against the school rules. I think that is part of the reason why they did it in the first place. It was a way to show you could break the rules a little. He saw that I saw. "Bhanne hoina hai bhai!" He shouted from the distance. "Don't be telling the teachers now!"

I was a good guy. I was no smug. I was popular. My friends liked me. And I had lots of them. I was good at academics. But I was as good at the leadership thing. Subodh was from my homevillage and was a few years senior to me at BNKS. His father was an engineer and Subodh basically did not grow up in the village at all, although he visited here and then. Subodh later went to Oxford. And he was not the top student in his class. He told his father who told my father that I was a "neta." I was in Class 10.

People just assumed I would be Board First. And I would go to Harvard. There were five people from my class on the SLC Board. Dilip was one year junior to me. He succeeded me as House Captain of Kanchenjunga. He was top of his class. Unlike me he was a star athlete. But I would beat him every place else, like leadership and stage performances, and things like that. Dilip went to Harvard. 

I note these details from New York City. Much time has passed. And I don't really get worked up about it all. I remember being very happy my freshman year at Berea College. Although that was it. There also the final years were unhappy just like at Budhanilkantha School. And I decided two such institutions were enough. No further schools for me. At Berea also the racist motherfuckers came after me precisely because I had broken all school records by getting myself elected student body president as a freshaman. Six months after showing up, five months after having lost badly when running for Freshman Class President. 

When I was thinking about colleges in the West, I liked every prospectus I saw. And graduates of many of those schools end up in New York City in large numbers. So I guess I am where I wanted to be, in New York City. But when I visited Boston a few years back, and walked all over Harvard and MIT, I liked MIT much better. The buildings on the MIT campus just feel more open to cutting edge thinking. On the Harvard campus you feel too much the weight of history. And my favorite Harvard grads are all dropouts. 

Towards the end of my Class 10 year my innocence was lost. It all started on the soccer field. Kanchenjunga was playing Nilgiri. A small fight broke out towards the end. No big deal. This was a school where you could get expelled for smoking, you most certainly got expelled for getting into a fight. You got reprimanded for not wearing socks. Everybody wore socks. Everybody got a haircut. And I was a good student. Teachers liked me. I was not exactly someone struggling with the rules. They just made sense to me. Following was not a struggle. The studies were fun. The activities were fun. The friends were fun. The teachers were fun. Who had time to even think of breaking any rules? I did not. I was not rebellious, hardly. 

I heard a fight broke out. Well, there was a follow up. Some of those Nilgiri guys decided to show up at my House. I was upstairs. I heard. I rushed downstairs. And there was Andrew Wild, former Housemaster now at Gaurishankar, pushing back these few Nilgiri guys. I shouted at the guys. How dare you! Wild asked me to go back upstairs. I did. 

And that was that. 

Salim Khan, Housemaster of Pumori, called a meeting in our dayroom. He tried to convince us how fights are not good things. I remember being indignant. Nobody on my side had done anything wrong. I felt like he was lecturing the wrong group of people. 

But things died down. People moved on. Or so I thought. 

The school bus took to you to the city buspark. From there you took the night bus home to your hometown. It was time for the Dashain vacation. Dashain, Tihar. Chhath. I think I would miss Chhath each time by just a day or two. The school vacation would end maybe a day or two before Chhath and my relatives for the life of them could not understand why I could not stay just two more days. 

I knew being late was not an option, as did my father. And I had had a role in the current architecture of the school vacations. Used to be two vacations. Summer and Dashain. Then some of the "Friends Of Budhanilkantha School" -- an officially recognized group, mostly of Kathmandu parents many of whom also had kids in Darjeeling, they decided it was not a good idea that their kids in Darjeeling when they were home for their winter vacations found their siblings were attending school at BNKS. So they architected the vacations. Summer, short Dashain vacation and winter. What that meant was I was stuck at school for Diwali. That did not feel good. A lot of students were unhappy. But what to do? It was not in our realm to decide on such things. I ran a signature campaign across school and submitted it to the headmaster John Tyson, now deceased. The Dashain vacation was subsequently expanded to include Tihar to great relief to us "out of valley" students. 

I would get off the school bus, and head to New Road. I would go to the gundpak shop to get some gundpak for my father who had done a few years of high schooling in Kathmandu. He really liked gundpak. 

King Mahendra had a dentist, I am sure he had more than one. But there was this Basant Bahadur Shrestha. Mahendra ended up giving one third of the land in my homevillage to him. His family and my family became friends, although there was a lot of resistance in the village. Basant Bahadur said to my greatgrandfather, you must let one of your grandsons to come with me to Kathmandu. And so my father studied from Class 8 to Class 10 in Kathmandu. But he sat for his SLC exams from Balwa, near the homevillage. I guess he ended up not getting along with one of Basant Bahadur's sons. 

My father took me to see Basant Bahadur at his clinic when I got admitted to BNKS and again at his home after I got out of BNKS, this time with hopes he might be able to help his son go on some kind of a "plan!"

So I do my usual thing. I go to New Road. I get back to the buspark. It is about 10 minutes and the bus would leave. I get in the bus. It is a cabin seat. I take my seat. I feel this tap on my shoulder. I look around. I had my sweater stylishly resting on my shoulders. There are a few guys. They were asking me to step outside so we can talk. I did not recognize them. Had never seen them before. They were not hostile. One guy was talking, the others were looking. They might have been four. Why, I asked. After that went back and forth a few times, they must have realized I was not moving. Then the guy started talking hostile. He said something like, don't you be bothering our cousin/brother, something like that. I was perplexed. Whose brother? What cousin? There was no context. One of them jumped up and pulled my sweater. At that point I turned around and asked the driver to move the bus. It was five more minutes before departure time. He just looked the other way. The bus moved a few minutes later when it was time. 

I went home. I did not mention the incident to anyone. I was not disturbed or anything. One sweater gone, no big deal. 

When I got back to school six weeks later, I got to know what had happened. 

Jiwan Raj Wagle, the housemaster of Nilgiri, had been instigating his students. "Don't do anything inside the school compounds, but outside the school compounds is a different story!" Things like that. The guys who came to my bus had been cousins of Rajesh Shrestha. Jiwan Raj Wagle, father of Swarnim Wagle, now hobnobbing with Ram Sharan on the Planning Commission dismantled in India but going strong in Nepal, cousin/brother of Chiranjiwi Wagle, the Congressi. Jiwan Raj Wagle, teacher of Nepali at BNKS, ek number ko maranchyase guy. People would laugh when he got on the soccer field. But apparently this guy was talking gangsta. 

Gyaneshwar Mahato was from Siraha. He was my Sports Captain, along with Mohan Karki from Mugu, dear friend then and now, and I believe now head of the Physical Education Department at BNKS. Gyane was another token Madhesi in class. There was me, him and a Krishnanath, also from Janakpur. Of course I was not aware of that phrase token Madhesi back then, or even for years afterwards. 

They chased Gyaneshwar at the buspark. He apparently ran shouting "Guhar! Guhar!" There was Sunil, he was in Class 7, he was in my House. He was a Pahadi. They humiliated Sunil. They made him do "kan samatera uth bas." If there were other details, I don't know. Sunil lost his mind after that bout of humiliation. 

Some of the Nilgiri guys had masterminded this whole thing at the instigation of their housemaster. When I first learned of the whole thing, my first reaction was, how stupid of them! This was a school that would expel you for such a thing, no questions asked!

My Vice Captain (Kathmandu guy) had met up with some of the Nilgiri guys (Shishir and others) and convinced them the only thing that could now save them was if they wrote an apology letter. The apology letter was now proof they indeed had been behind the whole thing It was written admission. 

I had already mentally moved on. Who cares about a sweater! And the facts were at hand. It was now for the school authorities to do what they do, what I had seen them do over the years. I had mentally moved on towards the big exams, the SLC exams a few months away. I really was not too interested in the tantrums of a few average backbenchers. 

But it had been a few weeks, and no disciplinary action was taken. I thought these things sometimes take time. Besides, they already had the facts. I had moved on. 

And then Gyane got suspended! Gyaneshwar Mahato, the guy who had been chased at the buspark, got suspended. He was no longer Sports Captain! What! This was like the apple broke off the tree and flew into the sky instead of falling to the ground. The guys who had masterminded the chasing of Gyane had not been suspended, but Gyane had been suspended! 

Then I got suspended! Really!? 

I was coming downstairs. NP Sharma was coming upstairs. We happened to meet at the balcony. He talked to me about the meeting. He said everyone on the committee had wanted my immediate expulsion. Andrew Wild and NP Sharma opposed that. Then they said, let him finish his SLC exams, then expel him. That too was opposed. Finally they decided they were going to suspend me from my house captaincy. Really? It was not the substance of it. My term was all but over anyways. But why was the apple falling into the sky? 

On that balcony Budhanilkantha School died for me. My grades slided after that. And they nosedived after they took away the school captaincy away from me. There the villain was Sudarshan Risal, brother of the Congressi Basu Risal, one of the very top guys in that party. 

Today - even today - I want every motherfucker who sat on that committee to at least tell me as to what exactly it was that I was accused of! What was the reason for their extreme reaction!? The extreme sensitivity of heart and mind that had made my extreme success thus far possible, also took it full force. It was this non verbal, emotional hit. I did not have the vocabulary. It took me many long years to come up with the vocabulary to come to terms with the experience. But when you do finally come to terms with it, it is not rocket science. Ethnic prejudice is not rocket science. Racism is not rocket science. Brian Garton, motherfucker.

In 2007 I became Barack Obama's first full time volunteer in all of New York City. 

There are times when I have thought maybe NP should have spared me that conversation. But that would have not changed the large social reality out there that people like me faced, Madhesis in Nepal, nonwhites globally. 

I finished my A Levels with EEE, with the worst possible grades, barely passing. It was a long way from being the undisputed top student in class. The number two guy went to Harvard. 

After BNKS I wrote a book on national politics. Based on that book I got accepted into the University of Chicago which had the top Economics department in the world, my new area of interest (I might have met Obama there!) "based not on your numbers but your actions and words." I did have the highest SAT scores in class. But the transcript for the final three years was all over the place. 

Getting accepted by Chicago was a way to wipe out the interim bad years, but even that had to be messed up by another Bahun, a baby Bahun. Five got admitted, two scholships were awarded. Basant took it. Rabin Koirala declined and went to India for medicine. One other guy also did not go for it. Manav Bhattarai, Board First, had plans to go to India for medicine. But he took the Chicago offer, went, spent a few weeks, then came back and went to India for medicine. That slot could have been mine. But you can't trust the Bahuns to do right by you, can you?

How do I feel about it today? I have been fortunate in my life in many ways. And I am in NYC. I can build a major company if I can prove I have what it takes. There are opportunities. But ethnic prejudice was crime then, as it is now, racism was crime then, and it is now. And there are untold millions who still suffer. 

The Madhesi plight is no better. And BNKS has a very similar fabric still. I was a token Madhesi at BNKS. The tokenism continues. 

I learned this morning the Nepal Police made CK Raut do the "kan samatera uth bas" like they once made Sunil do it. Not much has changed. The fight goes on.

I am going to build a company whose market value is going to exceed the total endowment of Berea College. And with some of that money I am going to build in Janakpur a school that is bigger and better than Budhanilkantha. I could use some therapy.

Budhanilkantha School (2)
BNKS' Gift To Me
Family, Internet, New York City
उपेन्द्र महतोका हात पकड़नेमें ५-६ साल

झापा, मोरङ, सुनसरी, कैलाली, कञ्चनपुर बारे प्रचण्डसँग मेरो कुरा मिल्यो

प्रचण्डले गलत कुरा गरे भने त्यसको विरोध हुनुपर्छ। तर यहाँ कागले कान लगेको जस्तो देखियो। अलिक राम्रोसँग हेर्नुस्। वहाँले काँग्रेसले ल्याएको नक्शाको प्रतिवाद गर्नुभएको छ। झापा, मोरङ, सुनसरी, कैलाली, कञ्चनपुरलाई मधेशबाट खोस्ने जुन अप्राकृतिक र अबैज्ञानिक नक्शा काँग्रेसको तर्फबाट आएको छ, प्रचण्डले त्यसको विरोध गरेका हुन। र विरोध गर्दा नारेबाजीमा नगएर समझाइ बुझाइ गर्न खोजेका हुन। 

झापा, मोरङ, सुनसरी, कैलाली, कञ्चनपुर बारे मेरो कुरा र प्रचण्डको कुरा १००% मिलेको छ।
"मधेसमा पहाडिया, थारु र मुस्लिमलाई समेत मिलाएर कसैको पनि बहुमत नपुग्ने गरी बहुपहिचानयुक्त प्रदेश बनाउँदा मात्रै राष्ट्रिय एकता हुन सक्ने प्रचण्डको विश्लेषण छ । ‘लिम्बूवान भनेपछि त्यहाँ लिम्बूहरुको बहुमत हुँदैन ।.... ‘तराईमा पनि हामीले त्यही नीति लिनुपर्छ । विचार गर्नुहोला, हाम्रो कुनै पनि प्रदेश एउटा जाति र भाषाविशेषको बहुमत हुनेवाला छैन ।’..... ‘सबै प्रदेशहरु जातीय बहुपहिचानवाला प्रदेशै हुनेछन्, एउटैको बहुमत कहीँ पनि हुँदैन । पहाडमा सबै प्रदेशहरु बहुजातीय प्रदेश हुन्छन् भने तराईमा मात्रै त्यस्तो किन नगर्ने भन्ने हाम्रो तर्क छ ।’ .... ‘हाम्रो भनाइ के हो भने त्यो समुदायसँग पहाड पनि मिलाइदिनुपर्छ भन्ने हो क्या । त्यसलाई पनि बहुजातीय, बहुभाषिकै बनाउनुपर्ने हुन्छ । यसलाई बहु सेन्टिमेन्ट भन्न पनि सक्नुहुन्छ, बहुमनोविज्ञान भन्न पनि सकिन्छ ।’ ...... ‘जस्तो झापा, मोरङ, सुनसरीलाई र चुरेको तल्लो ढलोलाई पनि मधेसमा हाल्यो भने त्यहाँ मधेसी सेन्टिमेन्ट भएको जनमत भएको ठाउँमा कसैको पनि बहुमत हुँदैन । त्यहाँ एउटा भाषाविशेष या जातिविशेषको बहुमत हुँदैन ।’ ....... ‘कसैको पनि बहुमत नभए यसको परिणाम के हुन्छ भने एकतामा जान्छ’ उनले भने, ‘कसैलाई मुख्यमन्त्री बन्नुपर्‍यो भने उसले थारुको पनि विश्वास लिनुपर्‍यो, मुस्लिमको पनि लिनुपर्‍यो, पहाडियाको पनि लिनुपर्‍यो र मधेसीको पनि लिनुपर्‍यो ।’ ........ त्यसैगरी पहाडिया मनोविज्ञानको कोही नेता मुख्यमन्त्री हुने हो भने उसले मधेसीलाई पनि विश्वासमा लिनुपर्ने, थारुलाई पनि लिनुपर्ने र मुस्लिमलाई पनि लिनुपर्ने .......... ‘यहीँ नेवा प्रदेशमा नेवारले मुख्यमन्त्री हुनका लागि गैरनेवारको पनि विश्वास नलिइकन हुँदैन । लिम्बुवानमा कोही लिम्बु मुख्यमन्त्री हुन चाह्यो भने उसले गैरलिम्बुलाई पनि विश्वासमा लिएर मात्रै हुन सक्छ, प्रचण्डले भने- ‘मैले यो विषयमा कांग्रेस र एमालेका साथीहरुसँग पनि छलफल गरिरहेको छु, तपाईहरुले माथि र तल-पहाड र मधेस) मा भेद गर्न भएन । माथि पनि कसैको बहुमत हुँदैन, तल पनि त्यही बनाउनुपर्‍यो ।’ ........ एमाओवादी अध्यक्ष प्रचण्डले मधेसमा एउटै जातिको बाहुल्य हुने प्रदेश बनाउँदा विखण्डनतिर जाने तर्क दोहोर्‍याए । कांग्रेस र एमालेले तराईमा मधेसी समुदायको मात्रै बहुमत पुग्ने गरी प्रदेश बनाउन खोजेको प्रचण्डको आरोप छ । ........ ‘तपाईले एउटा भाषाको मात्रै एउटा प्रदेश बनाइदिनुभयो र त्यसैको बहुमत भयो भने त्योचाँहि अहिले हामीले सोचेको संघीयताको मोडेलसँग मेल खाँदैन,’ प्रचण्डले भने-‘त्यसले कहीँ न कहीँ त्यो प्रदेशमा फरक फिलिङ ल्याउँछ । झापा, मोरङ र सुनसरी यदि मधेसमा जोडिएन या मधेसलाई झापा, मोरङ र सुनसरीसँग जोडिएन या थारुलाई जोडिएन र मिथिलालाई मात्रै प्रदेश बनाइदिऔं भने त्यसबाट आउने मनोविज्ञान भनेको कहीँ न कहीँ केन्द्रले विस्तारै हामीलाई अलि भिन्न गर्‍यो भन्नेतिर र एकखालको एक्सट्रिमतिर जाने खतरा पैदा हुन्छ ।’....... ‘सबैको बहुजातीय बहुभाषिक प्रदेशहरु हुँदा नाम मधेस भए पनि कसैको पनि बहुमत नहुँदा नै राष्ट्रिय एकता कायम हुन्छ । थारु भनेर थारुको मात्रै प्रदेश बनाउनुभयो भने त्यसले एकतातिर लाँदैन, विखण्डनतिर, विभाजनतिर जाने टेन्डेन्सी हुन्छ ।’ ......
पूर्वको झापा, मोरङ र सुनसरीलाई मधेसमा मिसाउँदा मधेसी समुदायको मात्रै बहुमत नपुग्ने र राष्ट्रिय एकता हुने तर्क गरेका प्रचण्डले कैलाली र कञ्चनपुरको हकमा पनि त्यस्तै हुने बताए ।
.....
‘कैलाली कञ्चनपुरलाई किन सेती महाकालीतिर लाने ?
कैलाली कञ्चनपुरमा पहाडियाहरु आएर बसेका छन्, तिनलाई नै थारुहरुसँग मिसाएर एकता गर्नेतिर कांग्रेस एमालेका साथीहरु किन सोच्नुहुन्न ?’ प्रचण्डले भने, ‘यता नवलपरासीदेखि जोड्दाखेरि मधेसी पनि हुन्छन्, थारुहरु पनि हुन्छन् । पहाडिया पनि हुन्छन् र सबै मिलेर सरकार बन्नेतिर जान्छ । तर, ऐतिहासिक हिसावले अवधको पनि र थारुको पनि पहिचानचाँहि आउनुपर्‍यो । अवध-थारुवान-लुम्बिनी भने हुन्छ, यसलाई अलग्याउनेतिर किन लैजाने भन्ने हाम्रो भनाइ हो ।’...... ‘तराईमा मधेसी समुदाय पहाडको जस्तो होइन । त्यहाँ अलि फरक चिज छ । त्यसो त मिथिला, भोजपुरी, अवधी भनेर भाषा फरक छ, तर मधेसी सेन्टिमेन्ट एउटै छ । चाहे त्यो बारा, पर्सा रौतहट होस् या जनकपुर सिरहा हुन् या कपिलवस्तु नवलपरासी होस्, मधेसी सेन्टिमेन्ट एउटै छ,’ प्रचण्डले भने- ‘मधेसीहरुको कल्चरमा, मनोविज्ञानमा र भूगोलमा समानता छ । त्यो एउटै समुदायका रुपमा मधेस छ ।’ ..... प्रचण्डले उत्तरी छिमेकी चीनले पहाडमा थोरै प्रदेशहरु चाहेको बताए । त्यस्तै दक्षिणको छिमेकी भारतले तराईमा कति प्रदेश हुन्छन् भन्ने विषयमा चासो राखेको उनले बताए । ...... छिमेकीहरुको मैले बुझ्दा प्रदेशहरुको संख्या धेरै भयो भने अलि अप्ठ्यारो हुन्छ कि भन्ने म देख्छु । ...... उत्तरतिरको छिमेकीले उत्तरतिर साना-साना प्रदेश भए भने उनीहरुको सुरक्षा चासोलाई असर पर्छ कि भन्ने चिन्ता व्यक्त गरेको म पाउँछु,’ प्रचण्डले भने-‘दक्षिणतिरका छिमेकीहरुको चाँहि तराईमा कस्तो भएर जान्छ भन्नेमा अलि बढी चासो र चिन्ता देखिन्छ । "

सीके राउत राजनीतिक बंदी हो

क. विहानको २ बजे सम्म डा. सी. के. राउतलाई पानी मै भिजाउंदै राखिएको थियो/ 

ख. राती भाडा मस्काउने धारा नजिक सुत्न लगाइएको थियो/ 

ग. हिरासतमा भएको एक जना कैदीसंग कुरा गर्दा १०० चोटी कान समातेर उठवैठ गर्न लगाइएको थियो/ 

घ. ८० जना भन्दा बढी कैदी भएको ठाउँमा उहाँ लाई राखिएको छ/

सीके राउत राजनीतिक बंदी हो। यो पशु व्यवहार बंद गर। अन्तरराष्ट्रीय मानव अधिकार संस्थाहरुले राजनीतिक बन्दी मानिसकेको मानिस हो सीके राउत। यो बाँदर वामदेवको अमानवीयताको र racism को कुनै ओर अन्त छैन। 

Hydro And Nuclear

English: Olkiluoto Nuclear Power Plants 1 & 2 ...
English: Olkiluoto Nuclear Power Plants 1 & 2 (BWRs with 860 MWe each) in Eurajoki, Finland. Suomi: Olkiluodon vanhat ydinvoimalaitokset eli voimalaitokset 1 ja 2, Eurajoki. (Photo credit: Wikipedia)
Nepal might generate 40,000 MW from the flowing rivers. But the Terai could generate that amount just from nuclear power plants. It is possible. So I don't think hydro should be allowed to distort the federalism debate in Nepal.

Tuesday, October 14, 2014

नामभन्दा पहिला नक्शा, नक्शाभन्दा पहिला पावर Devolution

Deutsch: Karikatur, Zusammenschnitt
Deutsch: Karikatur, Zusammenschnitt (Photo credit: Wikipedia)
संघीयताको छलफल बड़ो जटिल छ। यता तानतुन पार्यो उता मिल्दैन, उता तानतुन पार्यो यता अल्झिन्छ। गाँठो कसरी फुकाउने? समय धेरै छैन। 

(१) पहिले पावर Devolution मा समझदारी बनाउने 

केन्द्र सरकारले आफ्नो बजट को आधा राज्य सरकारहरुलाई जनसंख्याको आधारमा समानुपातिक रुपमा दिने, राज्यले जिल्लालाई, जिल्ला सरकारले गाउँ/शहरलाई। त्यसरी बाँडेर खर्च हुने पैसाको हिसाब किताब वर्षेनी इंटरनेट मा सबैले देख्ने गरी राख्नु पर्ने। 

पावर devolution मा भाषाको पनि कुरा आउँछ। प्रत्येक राज्यले नेपाली बाहेक तीन देखि छ भाषा राज्यको सरकारी कामकाज र प्राथमिक/माध्यमिक शिक्षाको भाषा बनाउन पाउने। राज्यले भाषा सम्बन्धी निर्णय जिल्ला र गाऊँ/शहर सम्म लान पाउने। 

यति सहमति गर्न सकियो भने नक्शा बारे छलफल सहज हुन जान्छ। 

(२) नक्शा बनाउने 

मलाई सबभन्दा मन परेको पाँच राज्यको नक्शा छ, तराईमा दुई, पहाड़मा तीन। तर मैले मेरो गोरुको बारै टक्का भन्दिन। 

(३) नाम 

सबैभन्दा झगड़ा राज्यहरुको नाम के हुने भन्ने कुरामा छ। पावर devolution को कुरामा सहमत हुने र नक्शा मिलाउने र यो कुरा प्रत्येक राज्यलाई छाडिदिने। मॉनसून २०१५ भन्दा अगाडि स्थानीय र राज्यको चुनाव गराउने र प्रत्येक राज्यले बहुमतको आधारमा आ-आफ्नो राज्यको नाम राख्ने भन्ने। 

यसरी स्टेप by स्टेप गए समयमा सम्विधान आउँछ कि भन्ने हो। 


झापा, मोरंग, सुनसरी, उदयपुर, इलाम

झापा, मोरंग, सुनसरी, उदयपुर, इलाम ----- यी पाँच जिल्लालाई मिलाएर एउटा राज्य बनाउन सकिन्छ।


हिन्दी भाषा र नेपाल

वीपी कोइरालाको जमानामा नेपालमा हिन्दीको जे स्थान थियो, हामीले अहिले जान खोजेको त्यहीं हो। वीपीका चेला भनाउँदा काँग्रेसीहरु भने महेन्द्रको भाषा बोल्छन् र हिन्दीको कड़ा विरोध गर्छन, मलाई अचम्म लाग्छ। माला लगाउने वीपीको तस्वीरलाई तर नीति मानने महेन्द्रको? अजब देश, गजब नगरी।

मधेसी पहिचानको सबैभन्दा महत्वपुर्ण कड़ी नै हिन्दी भाषा हो। पहाड़ी/पर्वते समुदायको लिंक language नेपाली भए जस्तै, मधेसी समुदायको लिंक language हिन्दी हो। भोलि खड़ा हुने मधेशका राज्यहरुमा सदनको प्रमुख भाषा नै हिन्दी हुनेछ।

मलाई लाग्छ नेपालभरी नेपालीभन्दा हिन्दी बुझ्ने मान्छे बढ़ी छन।

मधेसी पहिचानको केन्द्रमा हिंदी भाषा छ भने सम्पुर्ण नेपालीलाई दक्षिण एशियाली बनाउने हिन्दी भाषा हो। बिश्व मञ्चमा नेपालीले आफ्नो दक्षिण एशियाली पहिचान अंगीकार गर्नै पर्छ। मोदीले संसारमा सबैभन्दा बढ़ी माया गरेको देश नेपाल। त्यस प्रेमबाट नेपालले आर्थिक विकास खोज्नै पर्छ। अहिले नै विश्वमा चीन र अमेरिका पछि भारत नै हो। युरोपका दुइ चार देश बाहेक गुजरात सबैभन्दा अगाडि अहिले छ।

नेपालमा हिन्दी भाषा मधेसीलाई मात्र चाहिएको जस्तो महेन्द्रपथको कुरा गर्न छोडौं। दक्षिण एशियालाई आर्थिक प्रगतिको हिसाबले युरोप बनाउने मोदीको सपनामा सहभागी बन्ने तिर सोचौं र पहल गरौं।

हिन्दी भाषालाई संयुक्त राष्ट्र संघको छैठौं भाषाको रुपमा स्थापित गर्ने भारतको लक्ष्यमा सबैभन्दा बढ़ी साथ दिन सक्ने देश नेपाल हो। त्यसमा कुनै किसिमको कन्जुस्याइँ नगरौं।

हुलाकी राजमार्ग बनाउने हिन्दी भाषाले हो। हिन्दी भाषा अलंकारको कुरा होइन, आर्थिक विकासको कुरो हो।

प्रचण्डको भनाइलाई बङ्ग्याउन भएन

"मधेसमा पहाडिया, थारु र मुस्लिमलाई समेत मिलाएर कसैको पनि बहुमत नपुग्ने गरी बहुपहिचानयुक्त प्रदेश बनाउँदा मात्रै राष्ट्रिय एकता हुन सक्ने प्रचण्डको विश्लेषण छ ।"

यो चाहिं प्रचण्डले घुमाई फिराई एक मधेश दो प्रदेश नै भन्न खोजेका हुन। कोचिला, मिथिला, भोजपुरा, अवध, थारुवन तिर नजाऊं भन्न खोजेका हुन। झापा र मोरंगलाई र सुनसरीलाई मधेशबाट अलग नगरौं, कैलाली, कन्चनपुरलाई अलग नगरौं। झापा, मोरंग, कैलाली, कन्चनपुरमा पर्वते ५०% छ भन्दैमा तीनलाई मधेशबाट अलग नगरौं भन्न खोजेको हो।

म त त्यो भन्दा एक कदम अगाडि जान्छु। चितवन र मकवानपुरको कुरा गरेको होइन। त्यो त मधेश नै हो। मधेश नभएको भए तिनलाई भित्री मधेश किन भनिन्छ, तल्लो पहाड़ किन भन्दैनन्?

म त पश्चिममा डडेल्धुरा र पुर्वमा ईलाम पनि मधेशका राज्यहरुमा मिलाउने पक्षमा छु।

सड़क आन्दोलन पहिलो अस्त्र हुन सक्दैन। सकेसम्म सदनबाट निकास खोज्ने हो। र त्यो पनि ईमानदारीपूर्वक। इमान्दारीपुर्वक निकास खोज्ने भनेको केहि हदसम्म flexible भएर जाने हो। सिद्धांत छोड्ने होइन, तर detail हरुमा अलिकति तल माथि गर्ने ठाउँ त राखनै पर्छ। मेरो गोरुको बारै टक्का भन्ने मनसाय लोकतान्त्रिक मनसाय होइन। लोकतन्त्र भनेको आफ्नो कुरा राख्ने व्यवस्था हो भने अरुको कुरा सुन्ने व्यवस्था पनि हो।

परिष्कृत लोकतन्त्रमा सबै राजनीतिक काम सदनबाट हुन्छ, जनतालाई सड़कमा जाने जरुरत नै महसुस हुँदैन। हामी जान खोजेको त्यहाँ हो।

अहिलेको सदनको यथार्थ के हो भन्दा एमाओवादीको नेतृत्व मानेर मधेसी दलहरुले hard bargaining गर्ने। भने पछि गर्ने। सकेसम्म सड़क तताउनुपर्ने अवस्था आउन नदिने।

झापा देखि कंचनपुरसम्मको एक मधेश दो प्रदेश को बाटोमा हिंडेसम्म Federal Democratic Alliance लाई मेरो समर्थन छ। त्यस सन्दर्भमा प्रचण्डले कांग्रेस र एमालेका बाहुनहरुलाई फकाउन कति बेला के बोल्छन् म त्यति detail मा जान चाहन्न।


पर्वतेको मुख्य मंत्री मधेसी किन हुन सक्दैन?

पहाड़बाट तराई झर्दा झर्दा झापा, मोरंग, कैलाली र कन्चनपुरमा पर्वते र मधेसी ती चार जिल्लामा ५०-५० को अनुपातमा पुगिसकेका छन। एउटा देशको नागरिक त्यो देशमा जहाँसुकै बस्न पाऊँछ। हुनुपर्ने पनि त्यही हो। 

तर पर्वते ५०% को हाराहारीमा पुग्यो भन्दैमा ती जिल्ला मधेश र थरुहट राज्यमा बस्न नहुने जुन तर्क काँग्रेस र एमालेवालाहरुले सार्दैछन् त्यो तर्क भोलि गएर देश तोड्ने तर्क हो। 

समुचा पर्वतेको राष्ट्रपति मधेसी भइसकेको देशमा झापा, मोरंग, कैलाली र कन्चनपुरको पर्वतेको मुख्य मन्त्री मधेसी किन हुन सक्दैन? झापा, मोरंग, कैलाली र कन्चनपुर मधेश हो, चितवन मधेश हो, मकवानपुर मधेश हो। 


नेपाल सरकारबाट अदालतको अवहेलना

अनैतिक नेपाल सरकारले मानव अधिकार र न्यायका आधारभुत सिद्धांतहरुको धज्जी धज्जी उडाएको छ। सीकेलाई एउटा कारणले समातियो, त्यो कारण फरेब थियो। एउटा लोकतन्त्रमा किताब लेखेको भरमा समात्ने भन्ने हुन्छ? एउटा कार्यक्रममा मुख्य अतिथि भएर बोलेको बेला कुनै अपराध गरिएको थिएन। समात्नु गैर कानुनी थियो।

सर्वोच्चले छोड्छ भन्ने डर लाग्यो नेपाल सरकारलाई। अनि समातेको एक महिनापछि नया आछेप लगाइयो। जुन कानुनको आडमा त्यो गरियो, त्यो कानुन खुद गैर कानुनी हो। त्यो दोस्रो आछेपको मुद्दामा विषेश अदालतले बेलमा छोड्ने निर्णय गर्यो।

तर नेपाल सरकारले अदालतलाई मान्दिन भने जस्तो मनसाय देखायो। दोस्रो मुद्दामा बेल हुन्छ भने हामी पहिलो मुद्दा कायम राखेर बंदीलाई वापस मोरङ्ग लान्छौं जस्तो मनसाय देखायो। यो वामदेवको अदालतको अवहेलना गर्ने निर्णय हो। "अदालतमा विचाराधीन" भनेर उम्किन खोज्ने काँग्रेसीहरु अब के भन्दैछन्?

विश्वका ठूलठूला मानव अधिकार संगठनहरुले सबले नेपाल सरकारको भर्त्सना गरेको अवस्था छ। ज्ञानेन्द्रको पालामा पनि राजनीतिक बंदीलाई नगरिएको व्यवहार वामदेव र सुशीलले गर्दैछ। थुक्क।




Human Rights Watch Says Drop Charges Against CK Raut

English: Human Rights logo: "FREE AS A MA...
English: Human Rights logo: "FREE AS A MAN" esp ->svg Français : Logo pour les droits de l'homme : « Free as a man ». Русский: Свободен как человек, победитель в международном конкурсе логотипа, символзириюущего Прав человека, http://humanrightslogo.net/ (Photo credit: Wikipedia)
Many Nepalis have recently struggled to break out of feudal structures and ensure democratic rights. Freedom of expression is a cornerstone of a good democracy. But the government is going after an activist expressing concerns about marginalized communities from the Terai.

Brad Adams, Asia director
Human Rights Watch: Nepal: Drop Sedition Charges against Madhesi Activist
The Nepal authorities should immediately withdraw sedition charges and unconditionally release rights campaigner Chandra Kant Raut, who was arrested for his expression of peaceful political opinions. Nepal should amend its practices to comply with international and domestic standards to protect freedom of expression. ......... Raut was arrested on September 14, 2014, for allegedly advocating that the southern plains of Nepal, known as the Terai, be allowed to secede from the rest of the country as part of a long-standing debate on state restructuring. On October 8 he was charged with sedition, presumably under the Crime against State and Punishment Act 1989, which forbids any “attempts to cause any disorder with an intention to jeopardise sovereignty, integrity or national unity of Nepal.” It carries a penalty of life imprisonment. Police also said that Raut has written articles and books advocating secession by Madhesis, the Terai community. There is no evidence that Raut advocated the use of violence, or that his actions led to violence. ......... Nepali politicians have long been drawn largely from the upper-caste hill tribes. Following the ceasefire agreement of 2006 after a 10-year civil war, the country embarked on a constitution-writing process which promised inclusion for traditionally marginalized communities, including from the Terai. Central to the promise of inclusion was the pledge to re-draw the state to create provinces or regions without giving dominance to the upper-caste hill tribes. However, the constitution remains in limbo as political parties have failed to come to a consensus. ............ The debate has been filled with anxiety that the Terai, which runs east to west along Nepal’s porous border with India and is a critical transit for trade in the land-locked country, will seek greater autonomy. Raut, formerly a US resident, returned to Nepal in 2011, and leads a group that seeks to establish an independent Madhesh in the area. ........ “Raut’s call for an independent Terai has to be understood in the historical and political context in which the discussion on state restructuring is occurring,” said Adams.

“His arrest threatens the chances of a robust debate on federalism, and undermines the promise of inclusion. Raut’s arrest shows that minority voices can and will be easily sidelined.”

........... Nepal is a state party signatory to the International Covenant on Civil and Political Rights, which guarantees the right to free expression. Any limits placed on free expression must be set out clearly in domestic law, be nondiscriminatory in impact and must be strictly necessary for national security or public order. The authorities have not produced any evidence that Raut’s peaceful call for an independent Terai was a threat to national security or public order that could justify his arrest. ........

“Instead of releasing Raut for lack of a genuine threat, the authorities decided to justify their arrest by slapping sedition laws against him, nearly a month later,” said Adams. “Such laws are typically used by repressive regimes to control critical speech, and it appears that Nepal has decided to go down this unseemly route.”

Drop sedition charges against activist, Nepal told
The Nepal authorities should immediately withdraw sedition charges and unconditionally release rights campaigner Chandra Kant Raut, Human Rights Watch said Tuesday.
Asian Human Rights Commission: NEPAL: Fair trial possible for Dr. Raut?
The right to a fair trial is a universally recognized human right, enshrined in international law in both the Universal Declaration of Human Rights (the “UDHR”) and the International Covenant on Civil and Political Rights (the “ICCPR”). Fair trial rights are also guaranteed in Article 24 of the Interim Constitution of Nepal. ....... The right to a fair trial is made up of a number of more specific individual rights, including pre-trial rights, which, when recognized and provided for, together ensure that a person charged with a criminal offense is treated fairly while the justice system determines their guilt or innocence. ....... Fair trials are essential to protect the rights of the accused, to have all evidence tested thoroughly by an independent and impartial court, and to ensure the proper administration of justice. Recognition and provision for fair trial rights and due process prevents arbitrary and unjust interference with the lives of citizens, the misuse of political or state power, or the application of “summary justice”. As a general principle, regardless of the nature of the alleged offense, all accused persons must be given a genuine opportunity to answer charges, present and challenge evidence, examine and cross-examine witnesses, and do so in a neutral and dignified setting. ........ Fair trial rights apply to those accused of all criminal offences, no matter how shocking or abhorrent the alleged offense, and no matter how strong the evidence available to the prosecution appears to be. This principle has to be respected........

However, in the case of Dr. C.K. Raut, all these principles have been circumvented. He was first arrested on one charge (public offence) and later charged with another (subversion) after political negotiations among cabinet members and public prosecutor as reported in the Nepali media. This shows that the decision on the charge against him was not made independently.

....... There is a domination by one hill community through the judicial system which sees the demand for the right to secession from a patriotic and “traditional nationalism” point of view and do not support the idea. In contrast, Dr. Raut advocates for the right to secession to be included in the new constitution currently being drafted by the Constituent Assembly which is what he had told the Constitutional–Political Dialogue and Consensus Committee (CPDCC) on August 21 when CPDCC Chair Baburam Bhattarai invited him for a discussion on co .............

Dr. C.K. Raut, a Madhesi activist, was arrested on September 13 by almost two dozen police personnel

deployed by the District Police Office; Morang, while returning home from a mass meeting organized by the Santhal tribe. Dr Raut, who holds a PhD degree from Cambridge and has written a book on History of Madhes, had addressed the meeting as the chief guest. Dr. Raut says he was invited to the programme as a historian. He was arrested along with his associate, Satya Narayan Mandal, but Mandal was released within a few hours. ................

Raut was served neither an arrest warrant at the time of his arrest nor a search and seizure warrant before being searched by the police.

His brother Surya Kant Raut filed a habeas corpus writ at the Supreme Court the next day saying that Dr. C.K. Raut’s arrest was illegal and he should be released from custody. ............. The Morang Police first charged Dr. Raut under the Public Offences Act and produced him before the Morang Chief District Officer who remanded him to six days in custody. In response to the habeas corpus petition, the Supreme Court ordered the government to produce Raut in person. At this point, the police filed a sedition charge against Raut at Special Court. The police state in the charge sheet that Raut has written some books including Madhes Swaraj (Madhes autonomy) and the Manifesto of Alliance for Indpendent Madhesh, advocating for a separate Madhes land and therefore he should be punished under the Crimes Against the State and Punishment Act 1989 with treason........... The Supreme Court denied issuing a writ of habeas corpus as demanded by Raut’s brother, on the basis that he had already been produced in court and charged. The court also ordered the government to allow him to seek medical treatment from the medical centre of his choice at his own expense. The court issued this order after

Raut told the Apex Court that the police had denied him medical treatment. Dr. Raut, alleged that the police inflicted mental torture and denied him the facilities normally granted to a political prisoner. Two dozen human rights activists of Nepal condemned Dr. Raut’s illegal arrest. The Asian Human Rights Commission and Amnesty International condemned his arrest and demanded his unconditional release. Nepal’s principal opposition party – the Unified CPN-Maoist and other opposition parties, including Madhesi parties, also condemned Dr. Raut’s arrest and urged the government to unconditionally release him.

.......................... Rights activists are surprised to know why Dr. Raut who was called by the CPDCC to record his views on constitutional issues was then arrested for expressing his political views, in fact the same views recorded by the CPDCC. ........ Dr. Raut believes in a peaceful movement and says what he has been advocating is protected under the right to freedom of speech and expression as guaranteed by Interim Constitution of Nepal and many international treaties that Nepal is party to. ........ The day the Supreme Court began its hearing on the habeas corpus writ,

Raut told the apex court that if the state believed that he was the only one to have such views, then the state could hold a referendum on the right of secession. .... Dr. Raut also told the Supreme Court that his deposition before the Morang police was taken under duress and the police did not record all his statements. It was also not recorded in the presence of the public prosecutor, in violation of the provisions in the State Cases Act.

............ Dr. Raut now faces two cases - one under the Public Offences Act and another under the Crime against the State and Punishment Act 1989. Many were surprised by

the subversion (Rajya Viplab) case was filed against Dr. Raut one day after Prime Minister Sushil Koirala told some rights activists and Raut’s family that in a democracy one should not be detained just because he/she has differing views. When Ministers Minendra Rijal and Hari Prasad Parajuli signed an understanding with Dr. Raut in his custody, following which he broke his 11 days hunger strike, the ministers had pledged to respect Dr Raut’s freedom of speech and expression.

Raut’s case is sub judice and the merits of the case cannot be discussed, but the fairness of trial can certainly be discussed. ........... The right to fair trial requires that a public prosecutor must make decisions independently. In Nepal’s context, a public prosecutor charge criminal case depending on a phone call or a conversation with a politician. Immediately after Dr. Raut was arrested, some of the daily newspapers quoted Morang police as saying that the doctor could be implicated under treason law but that would depend on the government’s decision. ........ The criminal prosecution should be based on fairness, judgment, evidence, public interest, and common sense. In this case,

Dr. Raut was first charged under the Public Offence Act and when the Supreme Court ordered the government to produce him, the police charged him under the subversion law. The police appeared to have acted with the intent of detaining Raut as long as possible.

............. What was the reason of charging Dr. C.K Raut under subversion law, an outdated law enacted during the monarchy, and needs court intervention to be repealed? Most democratic countries has already repealed such laws. Take the case of The Philippines. The Anti-Subversion Law was repealed in September 1992, when then President Fidel Ramos signed into law the Republic Act 7636. ...... Lawyers and human rights activists in Nepal failed to take timely steps to repeal Rastra Viplab law (Crime against State and Punishment Act, 1989) that says in Section 3 (1) (subversion) that if someone causes or attempts to cause any disorder with an intention to jeopardize sovereignty, integrity or national unity of Nepal, he/she shall be liable to life imprisonment. .... Banning the expression of political ideology using this law in a democratic society like Nepal is unfair. Any piece of legislation, which imprisons people for holdAHRC-ART-082-2014-01.jpging differing views and opinions, should be repealed.
The Hindu: Rights group demand release of Madhesi activist
Mr. Raut is a former employee with Raytheon, a contractor with the US Department of Defence. He returned to Nepal in 2011 and since then has been campaigning for independent Madhes. Until his arrest, not many people in the country knew abut him or his activities.

Monday, October 13, 2014

एमाओवादीले दगाबाजी गर्न लागेको हो?

एमाओवादीले षड्यंत्र गर्न लागेको हो? दगाबाजी गर्न लागेको हो?

कांग्रेस र एमालेले सारेको कोशी, गण्डकी र कर्णालीलाई १००% मधेसीको स्वामित्वभन्दा बाहिर राख्ने नेपालको इतिहासको सबैभन्दा ठुलो षड्यन्त्रको सहभागी यदि एमाओवादी हुन्छ भने मधेसी दलहरुले एमाओवादीसँग मिलेर बस्नुको कुनै तुक रहँदैन। बसिरह्यो भने त्यो मधेसी जनतासँग दगाबाजी हुनेछ।

होइन, यदि ६ -७ राज्यमा सहमति हुन लागेको हो र झापादेखि  कन्चनपुरसम्म एक मधेश दो प्रदेश हुन लागेको हो भने कुरा अगाडि बढ्न सक्छ, तर मैले त्यस्तो हिन्ट पाइराखेको छैन।


Federalism Debate: Maintaining Perspective

बुढानीलकंठ स्कुलमा टोकन (token) मधेसी

English: Photograph of Janki Mandir of Janakpu...
English: Photograph of Janki Mandir of Janakpur Dham(Nepal). This photo was taken from the roof of Shah Glass house building by Abhishek Dutta (adutta.np@gmail.com). I took this photograph during my Dashami trip to Janakpur (my birth place) on 14 October 2007. (Photo credit: Wikipedia)
बुढानीलकंठ स्कुलमा म टोकन (token) मधेसी थिएँ। म त्योभन्दा भव्य स्कुल जनकपुरमा बनाउँछु। तब आएगा संघीयताका मजा। I am going to build a company whose market value is going to exceed the total endowment of Berea College. And I am going to build a great school in my hometown of Janakpur.

टोकन मधेसी भनेको हुनु पर्ने "सौ में पचास" तर हुन्छ सौ में पाँच, अथवा दुई, अथवा तीन। म तीन मध्ये एक थिएँ।

त्यो ratio केही बदलिएको छैन।

उपेन्द्र महतोका हात पकड़नेमें ५-६ साल

राज्यका भाषाहरु



मेरो यो नक्शामा राज्य स्तरका भाषाहरु यस किसिमका हुने भए।

पुर्व तराई: हिन्दी, नेपाली, मैथिलि, भोजपुरी, थारु, उर्दु।
पश्चिम तराई: हिन्दी, नेपाली, अवधि, भोजपुरी, थारु, उर्दु।
कोशी/किराँत: नेपाली, लिम्बु, राइ, शेर्पा।
गण्डकी: नेपाली, तामांग, नेवारी, गुरूंग, मगर, थकाली।
कर्णाली: नेपाली, मगर, भोटिया, (शेर बहादुरले बोल्ने भाषा)।

(एक मधेस एक प्रदेश किन भन्दा रैछन्, अब थाहा भो। भाषा मिल्दो रैछ।)

नेपाली र हिन्दी देशका दुई प्रमुख भाषा हुने भए।

प्रत्येक राज्यको आफ्नो संविधान पनि हुन्छ

देशको संविधान हुन्छ, तर संघीय व्यवस्थामा प्रत्येक राज्यको पनि आफ्नो आफ्नो सम्विधान हुन्छ। देशको सम्विधानसँग नबाझ्ने चाहिं हुनुपर्छ। जस्तै कि देशको सम्विधानले राज्यको सदन एक सदनात्मक भनेको छ भने कुनै राज्यले आफ्नो संविधानमा दुई सदन राख्ने व्यवस्था गर्न पाउँदैन।

राज्यको संविधानले जिल्ला र स्थानीय सरकार बारे राम्रो व्यवस्था गर्नु पर्ने हुन्छ। जिल्लाको भने आफ्नो संविधान हुँदैन।


काँग्रेसले जातीय राज्य तर्फ पाइला चालेको छ

Endangered Species (Man album)
Endangered Species (Man album) (Photo credit: Wikipedia)
Siberian Tiger Français : Tigre de sibérie Ita...
Siberian Tiger Français : Tigre de sibérie Italiano: Tigre Siberiana Español: Tigre siberiano 한국어: 시베리아 호랑이 ‪中文(简体)‬: 东北虎 ‪中文(繁體)‬: 東北虎 (Photo credit: Wikipedia)
काँग्रेसले जातीय राज्य तर्फ पाइला चालेको छ। सात राज्यको नक्शा बनाएर प्रत्येक राज्यमा नेपाली बाहेक अरु दुई भाषालाई सरकारी काम काजको भाषा बनाउने प्रस्ताव गरेको छ। भनेपछि हिंदी, मैथिलि, भोजपुरी, अवधि, थारु, उर्दु लगायत लिम्बु, राइ, तामांग, नेवारी, मगर, गुरूंग, शेर्पा, भोटिया, थकाली भाषाहरु सरकारी कामकाजको भाषा बन्ने बाटो खुलेको हो। तर उसले एक राज्यमा नेपाली बाहेक बढ़ीमा दुई अरु भाषा भनेको छ। त्यो अडान अवैज्ञानिक हो। कुनै राज्यमा तीन भाषाले पुग्ला, कुनैमा पाँच-छ चाहिएला। फोर्मुला भने फेर्नु पर्छ।

 नेपालका भाषाहरु

राज्य स्तरमा त त्यो जिल्ला र गाऊँ स्तरमा चाहिं? कति यस्ता समुदाय छन जसको राष्ट्रिय स्तरमा जनसँख्या नगण्य छ तर उनीहरु ५-१० गाऊँमा झुम्मिएर बसेका छन। उनीहरुको आफ्नै भाषा छ, स्थानीय बहुमत छ। सानो भाषा भएकोले त्यो भाषा "endangered species" कैटगोरीमा छ। त्यो भाषा त त्यो समुदायको मात्र होइन सारा देशको सम्पत्ति हो। चितवनको बाघलाई हामी चितवनको मात्र भन्दैनम्, सारा देशको भन्छौं।

राज्यमा नेपाली बाहेक थप दुई भाषा भनेर बाहुनवादी भनेर चिनिने काँग्रेसले सही दिशामा कदम चालेको हो, तर सबैले मिलेर त्यस दिशामे थप पाइलाहरु चाल्नु परयो। राज्य स्तरमा नेपाली बाहेक पाँच भाषा भन्नु पर्यो। राज्यले जिल्ला र गाऊँ स्तरमा अझ विशेष व्यवस्था गर्न सकने भन्नु पर्यो।

काँग्रेसले यो सकारात्मक कदम लिएको छ र त्यसलाई प्रोत्साहित गर्नु पर्छ।

Counter Proposal To The Nepali Congress

तराईमा तीन राज्य

काँग्रेसले तराईमा तीन राज्य हुने नक्शा ल्याए भन्दैछ। तर उसको नक्शामा मैले तराईमा दुई राज्य मात्र देखिराखेको छ। भुल्चुक माफ। तराईमा तीन राज्य हुने नक्शा म प्रस्तुत गर्न चाहन्छु। पहाडबाट तराई झरेका पर्वतेहरुलाई lonely नहोस् भनेर मैले डडेलधुरा तराई राज्यमा मिसाएको छ, त्यसै गरी इलाम पनि। चितवन र मकवानपुर सँगै छन। एक दुइ अरु जिल्ला थप्न सकिन्छ। 


पावर Devolution मुख्य मुद्दा हो



केन्द्र र राज्य बीच शक्ति स्रोत बांडफाँड़ कसरी गर्ने, राज्य र स्थानीय स्तरमा शक्ति स्रोत बांडफाँड़ कसरी गर्ने भन्ने प्रश्नको जवाफ पहिले खोजे संघीयताको नक्शा र राज्यहरुको नामको विवाद शायद कम जटिल हुँदो हो।

नामको विवाद सबभन्दा जटिल छ। त्यो चाहिं राज्य सदनलाई जिम्मा लगाएको राम्रो। बहुमतको आधारमा राज्य संसदले नामाकरण गर्ने राज्यहरुलाई।

नक्शा पनि एक चोटि बनाई सकेपछि सधैं त्यही रहने होइन। भारतमा नया नया कति राज्य बने बने! संघीयताको नक्शाको अन्तिम निर्णय अहिले हुन लागेको होइन। तर अहिले गरेको निर्णय १०-१५ वर्ष कायम रहने चाहिं हो। राजनीतिक यथार्थको कुरा गरेको।

पावर Devolution को फोर्मुला के हुन सक्छ?

मैले प्रोपोज़ गरेको यो हो:

केन्द्र सरकारको बजटको एक तिहाई राज्यलाई जनसंख्याको आधारमा समानुपातिक दिने। त्यस्तै राज्य सरकारले जिल्ला सरकारलाई, जिल्ला सरकारले गाऊँ र शहर सरकारलाई।

यति सहमति गर्न सकिए राज्यहरुको सीमानाको छलफल कम जटिल हुँदो हो।

कि एक तिहाई कम भयो? ५०-५० हुनुपर्ने हो कि?