MADHESIs’ recruitment to army: Govt replies to SC stay order
- Minister defends Cabinet decision
Responding to the Supreme Court’s stay order regarding the recruitment of Madhesi youths to the Nepal Army, the government has clarified that the process is undertaken as per the existing laws.
The reply furnished by Defence Minister Bijaya Gachhadar on January 16 to the apex court states that the recruitment is not taking place on the basis of bulk entry as claimed by the writ petitioner. Gachhadar clarified that the government’s policy paper regarding Madhesi youths’ recruitment into the Nepal Army has called for undertaking programmes that will encourage the underrepresented communities to join the NA.
On the issue of the Army having units for specific ethnic groups, Gachhadar argues that it is not a new practice. The reply states that the Army has units, which reflect identity of particular ethnicity—Magar, Gurung, Rai, Limbu. Therefore, the minister argues, that a unit reflecting the identity of the Madhes can be set up in the national army. The policy paper of the Army, Gachhadar maintains, has proposed few names such Birat, Simraungad, Janaki and Gadimai, which are of historical significance in the Madhes.
The SC on December 26 had stayed the government decision to recruit 3,000 Madhesi youths to the NA. The court had said the government bid to recruit en masse members of a particular group in the name of inclusion was against the spirit of the Interim Constitution. Any government effort aimed at making the Army more inclusive, the court said, should ensure inclusion of all the marginalised groups, including Madhesis, indigenous communities, ethnic groups, Dalits and women. The apex court had also asked the government to explain within 15 days why its decision on recruitment should not be scrapped.
The court pointed out that it had to intervene also because the government had failed to follow the due legal procedure while taking the decision. As per Article 144 (4) (A) of the constitution, the government has to make some legal provisions to make the NA inclusive by bringing in Madhesis, indigenous ethnic groups, Dalits, women and people from the backward regions. Under the existing laws, 55 percent seats are to be filled through free competition and 45 percent under reservation.
Posted on: 2012-01-29 07:46
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