Saturday, July 18, 2015

Mere agreements between political parties, especially with undemocratic and unelected, do not constitute people’s mandate. There must be clear people’s input. Any political decision without mandate is imposed, unconstitutional and treason.

July 17, 2015
Dear all:
Here is my comment on the draft constitution attached. 
Please forward it to the relevant offices in Nepal and your interested friends.
Your consideration is appreciated very much.
Tilak B. Shrestha, Ph.D. 
Cell: 256-970-9112
Huntsville, Alabama, USA
General Secretary - Nepalese Association in Southeast America
General Secretary - Nepalese Association in North Alabama
Educationist - North Alabama Center for Educational Excellence, 
                     Federal TRIO program, <>
Tilak Shrestha <>

Mere agreements between political parties, especially with undemocratic and unelected, do not constitute people's mandate. There must be clear people's input. Any political decision without mandate is imposed, unconstitutional and treason.

Draft Constitution & Referendum July 2015

Tilak B. Shrestha, Ph.D.

Dear all,   


Finally, the draft constitution is out. Exactly what is it? It is basically compromises with non-democratic ideologies and vocal minorities; and the result is the proverbial hotchpotch 'camel' constitution. Let us be clear. There is no people's mandate for the draft constitution.  It is imposed through Maoists violence and cowardice of Nepali Congress (NC) and United Marxist Leninist (UML) parties. NC and UML swear by the democracy, yet would not even discuss the important national issues. Where are discussions and mandate for 1. Democracy / Communism, 2. Hindu rastra / Secularism, 3. Parliamentary system / Mixed, 4. United Nepal / Federal states? The people's mandate comes only with the public discussion and the referendum. Imposed constitution without mandate is treason and is not acceptable.  

A. Mandate:  In democracy, sovereign people decide through democratic election \ referendum. Such decisions constitute the 'Mandate.' Any issue, especially important ones, must be peacefully discussed in public. Politicians must put their views, programs, pros and cons to the people. People must have opportunities to listen to different sides of the issue, evaluate and vote. Any decision without the process does not have the mandate.

Mere agreements between political parties, especially with undemocratic and unelected, do not constitute people's mandate. There must be clear people's input. Any political decision without mandate is imposed, unconstitutional and treason.

Today, the 'Constituent Assembly' election of November 2013 is the only legitimate people's expression. Over 70% Nepalese braved terrorist threats and went to poll to express their sovereign rights. The mandate is clearly and loudly for: Nationalism, Democracy, Peace, Progress, and Pride in our Heritage. The mandate is also clearly against non-democratic ideologies, divisive forces and aggressive foreign interventions.

B. No mandate: However, there is no mandate for 'republic \ secular \ federal' states. These issues were neither brought by people, nor politicians discussed in the public. They are foreign imposed issues.

     1. गणतन्त्र, धर्म निरपेक्षता संघीयता जनआन्दोलनका एजेन्डा थिएनन् 

         Annapurna Post, Jan. 7, 2015

    2. Kamal Thapa at Constitution Assembly 2071-10-3 \ Jan. 25, 2015

    3. मर्यादा नाघेर राजदूतको 'प्रेस्क्रिप्सन' - सुरेन्द्र पौडेल

         Nagarik, Feb. 9, 2015

In this critical junction in history, politicians, who swear by democracy but do not honor people's wish, will live in infamy.

    4. आत्मनिर्णय कि आत्मविक्रय?  शिव प्रकाश

        Annapurna Post, Feb. 8, 2015

C. Referendum: Let people decide. There must be peaceful discussions for public awareness and referendum for mandate on these core national issues. If not, they remain imposed, unconstitutional and unacceptable.

1. Democracy or Communism
2. Hindu rastra or Secular state

3. Parliamentary system or Mixed

4. United Nepal or Ethnic federal states

1. Democracy and Communism cannot coexist. It must be clearly understood, make conscious choice, and any imposition rejected. Democracy is a platform to present different political programs peacefully and letting people to decide. Communism is a religion with a set of values and structure, where people are molded into by force. There is no freedom, democracy, debate or choice. What communists did around the world and in Nepal is a guide on its consequences.

Mass killings under Communist regimes:

Communist Body Count:

2. Hindu rastra is simply recognition of our shared heritage, history, culture and values. It is neither religion nor theocracy. Our constitution and laws do not come from any scriptures. A nation is not merely putting bunch of individuals together. If so, a prison would be a great nation. Rather shared heritage is the source of our nationhood and identity.

Secularism is a great political tool developed by European wise men against imposition of Church theocracy, which dragging Europe down to the Dark Age. But it is irrelevant to Dharma. Dharma is not religion. Religions (Judaism, Christianity, Islam and Communism) are brain washing systems for social control. They always claim to be exclusively true, all others evil and use violence. Dharmas are about truth 'Satya' and inner spiritual disciplines 'Yoga', accept multi-views and are not violence. Dharma deals with the intrinsic nature. Dharma of fire is to burn. How you going to make fire 'Dharma nirapexa?' The 'Dharma nirapexa' in Nepal is merely aping West by our ignorant politicians.

The declaration of secularism is through bribery of corrupt leaders to facilitate Christian Conversions. Nepalese people were not even aware of its imposition. Thus without mandate it is Treason against people \ nation, and not acceptable.

Advair, Kapil, 2010. "Hindu nation sold on Rs. 20 million" Review Nepal, July 26, 2010

Kaidi, Prem. 2006. "Joshua II ko Paisama Dharma Niripekshya" Janamanch, June 11, 2006.

Shah, Saubhagya. 2008. "Civil society in uncivil places: Soft state and regime changes in Nepal" Policy studies 48. East-West Center, Washington DC.

Wagle, Achyut. 2011. "Christianity, Communism & Constitution" Republica \ opinion, July 5, 2011. Editor of the 'Arthik Abhiyan'

Hinduism is the collection of all the Dharmas evolved in the Indian sub-continent and Tibetan plateau, e.g. Shiva dharma, Buddha dharma, Vaishnav dharma, Tantra dharma, Jain dharma, Sikh dharma etc. Buddha dharma is the empirical spiritual practice, not ethnicity. Nobody is born Buddhist. One has to know the path taught by Siddhartha Gautam and practice to be one.

Shiva Dharma is expressed in Veda, Kirati Mundhum, Tibetan Bon Po and South Indian Agama.

Kiratis are the main proponent of the 'Shiva \ Adwaita' Dharma, recognized even in the time Mahabharat.

The original Dharma of Tibet is 'Bon Po.' The principal deity of the Bon Dharma is 'Shiwa Okar' living in Kailash by Man Sarovar. He is none other than Shiva Omkar.

Buddhism and Shaivism both are essentially same with emphasis on the way\tao\yoga of Knowledge 'Gnan' and Meditation 'Raj.' The distinction is that Shiva Dharma pre-supposed 'Brahman.' And Buddha Dharma does not begin with any beliefs but keep 'Bodhi \ Brahman' as a matter of self-realization later.

The unity of the three principal sects of Hinduism in Nepal – Bauddha (Buddha), Shaiva (Nilkantha) and Vaishnav (Narayan) is beautifully given in the temple located in Kathmandu valley, which we lovingly call – 'Budha Nilkantha Narayan.'

International secularism: There are 26 declared Christian nations, 26 Islamic, 5 Buddhist, and 1 Jewish. Nepal once was the only Hindu nation, now no more. Even within 8 SAARC countries 4 are Islamic and 2 Buddhist.

Most of the European countries which are pressing Nepal to declare 'secularism', themselves are not secular but Christian. Britain is a declared Christian nation. America is secular by constitution but is Christian in nature.

Hindu prayer in US Senate disrupted:

Nepal provides all the foreign currency to Nepalese Muslims for their pilgrimage \ Haj to Saudi Arabia. Guess how many Muslim countries provide subsidies to Hindus? None. We have so many Mosques in Nepal. Guess if you can build temples or do Hindu prayers in Saudi Arabia? NO. Pakistan had over 20 % Hindu population when created. Today it is less than 2 %. Hindus are systematically displaced, raped and converted. Pakistan school teaches as a part of their text book that Hindus are bad people. Earlier in East Pakistan, Hindu population was over 25%. In 1971, Bangladesh came to being and was declared a secular nation. Then the Hindu population has already dwindled down to 25 %. Now it is a declared Islamic nation with Hindu population driven off below 9 %. The demographic change is not natural but forced by Islam. Recently Bamiyan Buddha was dynamited and a dozen Nepalese poor laborers were beheaded in Iraq. Crime? 'Followers of Buddha.'

Afghanistan Taliban Muslims destroying Bamiyan Buddha Statues:

Al Quida beheads Nepalese laborers in Iraq. Crime? Followers of Buddha:

Hindu bashing in Pakistani school books:

Pakistan: Hindu Girls forced to convert to Islam and marry Muslim men:

Atrocities against Pakistani Hindus:

Islamic persecution of Hindus in Bangladesh:

Hindu Genocide in East Pakistan:

The Hindu genocide that Hindus and the world forgot:

The Hindu Genocide:

Christians also are not less than Muslims in persecuting and converting Hindus. Now they are using cheatings and inducements, instead of violence, as the tools of choice.

Conversion and inquisition of Hindus in Goa:

Conversion by cheating:

Christian Terrorists & Missionaries are Converting Hindus:

Missionary activities in India:

It can be hazardous to be a Hindu. It is always wise to know what happened before, what is happening now, and extrapolate what may happen in future. Prudence and wisdom is to know and protect your own roots – Hindu rastra. 'Dharmo raxati raxate.' When Jewish people are creating Jewish state Israel out of no where, it is sad to note we are bent on destroying our own.

Indian Hindus have no country to call Hindu rastra and looked up to Nepal as the only Hindu rastra in the world. A relationship based on such common heritage with the nation surrounding us from 3 sides is a good common sense. And to be appreciated as major pilgrim destinations is another common sense in terms of spirituality, economy, security and politics.

3. Political systems: The interim and the 1990 constitutions are the parliamentary democracies. However, some people are asking for change. Let there be debate which system is appropriate for Nepal, given our political history, culture and our experiences. We may broadly classify the political system as in the given country as:

A. Parliamentary system: The 3 sources of powers – Legislative, Judiciary and Executive branches are kept separate. Political play is limited within parliament. The Head of state remains non-politics, represents all segments of people and is the guardian of the constitution and the nation.

1. President – India: President is indirectly elected. The President has to rise above any party or ideological affiliation and be the statesman.

2. Constitutional monarchy – Britain: The king \ queen takes on the role of the head of state, and also represents the continuity of our past and heritage.

B. President – USA: President is chosen in nation wide direct election, and acts both as the Head of state and the Chief of the executive branch. President keeps party and ideological affiliation.

D. President – France: The mixed system has different powers assigned to President and Prime minister.

E. One party rule – China: Only the 'Communist party of China' and the 'communist ideology' is allowed. It does not allow other parties or political views.

F. Totalitarian - North Korea: The Communist\Stalinist state has Kim family as communist royalty, and the Presidency is handed down father to son.

We may note that the parliamentary democracy comes with centuries of British and decades of Indian and Nepalese experiences. The 1990 constitution was written in peace, and ratified by people. It makes it very clear that the people, not king, is the sovereign. And there is enough provision to amend it if need be. There is no public objection to the constitution. Only objection comes from Maoists, who do not believe in democracy to begin with.

We may also note that Maoists today is creating enough confusion so that:

  1. Judiciary loses its independence,

  2. The separation of powers is negated, and

  3. The Presidencies is given some Executive powers.

So that the stage it set for Maoists coup in the future.

4. Political division of Nepal: Up to now Nepal is administratively divided into 5 development regions, 14 zones and 75 districts. This system is designed by professional geographers and economists of our 'National Planning Commission' as per geography and ethnic harmony.

There is also demand of dividing Nepal into ethnic states from certain quarters. We have more than 100 ethnic groups spread throughout. The question remain, which groups gets states and which do not? And what are the boundaries? Our ethnic distribution is both horizontal and vertical. That is, by both geography and by socio-economy. There are a number of ethnic states proposals coming from different political parties with 10 to 16 states designated for 4 to 9 ethnic groups.

Let us have a brief comparison. The neighboring Indian state of Uttar Pradesh has over 200 million people and is not ethnicity based. Nepal has less than 26.5 million, yet being divided by ethnicity to 7 or 8 states.  American states were not divided, but separate states came together to form the union.

There must be debate between geographical states vs. ethnic states; and between different proposed ethnic states. There must be public debate and education on consequences of such ethnic divisions as per interests of different ethnic groups, resources, costs, inter-ethnic relations, and effects to the nation. Will it satisfy all the ethnic groups? Will it destroy our traditional amicable ethnic relations, foment ethnic wars and divisions? Can ethnic boundaries be properly designed to keep ethnicity, resources and geography balanced? What will be the status of one ethnic group in other states? Will ethnic tension be waiting for a mere excuse? All these issues must be put in comparison with the current geographic states.

Let us look at the 'European Union' where nations with long history of wars with millions of war dead coming together, and 'Yugoslavia' which got into Ethnic strife and now no more.

Let there be debate for public awareness and referendum to choose one from the options.

A. Existing geographic 5 development regions, 14 zones and 75 districts

B. Proposed ethnic states with 14 states, including 9 ethnic and 5 geographic.

C. Proposed language based 3 states with 18 autonomous regions.

D. NC – 6 or 7 states

E. Maoists – 14 states, 800 to 900 districts

F. Madheshi Janadhikar Forum – 2 states

G. Miscellaneous proposals

A. The current 5 development regions, 14 zones and 75 districts.

B. Language based federating Nepal in 3 states and 18 autonomous regions.

C. Nepali Congress model: 6 or 7 states


D. Maoists model: 14 states, 800 to 900 districts:


E. Madhesh Janadhikar Forum – 2 states


F. Miscellaneous - Not to forget inter-species states:

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