Constitution Day: Poor implementation of fundamental rights

In the view of former Chief Justice Kalyan Kumar Shrestha, the constitution’s beauty lies in its implementation, not in its words. “Provided that there is no practical relevance, the contents in the constitution create an illusion,” the former Chief Justice argues.

Talking over the phone to the National News Agency (RSS), he said every aspect of the constitution should have importance and positive impacts on human life. He, however, said the implementation level of a long list of the fundamental rights inscribed in the constitution is disappointing.

According to the former CJ Shrestha, the state should have resources, institutionalized bodies, a sense of responsibility, and commitment to assure the citizens of fundamental rights. “The political parties should not make the constitution only a tool of power politics. The constitution should be kept above and it should not be linked to profit-making purpose,” he added.

The citizens should realise the achievements of the constitution, which will justify the relevance to mark the Constitution Day, he said.

Likewise, activist Ram Sharma stated that the state cannot remain silent from the responsibility of materialising fundamental rights since these are citizens’ inalienable rights.

It would be deemed as a betrayal to the people if the rights like rights to housing, employment, free education, health care services were introduced just for cheap popularity.

The constitution has ensured the right to employment but millions of Nepalis have left the country for overseas jobs. Likewise, the constitution mentions a clean and healthy environment to the citizens but Kathmandu city is one of the most polluted cities in Asia. Such indicators do not match with the promises and reality.

Laws have been formulated in regard to the fundamental rights but the part of implementation is too weak due to the unaccountable state system, civil society, the leaders argue.

Likewise, then Constituent Assembly (CA) member Prakash Sharma Poudel said that the constitution drafted by the people’s representatives is linked to the country’s fate and future. Promulgation of the constitution through the CA itself is an achievement but it would be in peril if there was no effective implementation, he cautioned.

The state should be responsible in defense of the constitution and its effective practice even to sabotage the activities of anti-constitution forces.