Lawmaking process fails to reflect constitutional spirit: Experts

Kathmandu (Pahichan) October 13 – Experts have said though a progressive constitution was promulgated four years ago, the implementation of constitution has not been in the same line and accepted by all.  They are of the view that implementation of constitution should be progressive.

They are of the view that some constitutional provisions remain vague and unclear and some laws are being formulated to overshadow those provisions.  Member of First Constituent Assembly (CA) Sunil Babu Pant said regarding the rights of LGBTIQ, laws are silent.

Pant who is also a campaigner of LGBTIQ community said the constitutional provisions are not translated into law-making process.  “Seventeen laws are already formulated as a process of constitution implementation and some laws are being formulated but no laws have incorporated the concerns of LGBTIQ,” Pant said.  He said writ could be filed at Supreme Court stating that laws have not addressed their rights; however, no one yet has approached court.  According to him, such development is a matter of sad for campaign.

“There is no delay to do positive things, we still have time and we should move ahead with a united face,” he added.  The laws which are not in line with constitution could be questioned and rights of this community can be established.  “The laws on citizenship is being formulated, there are attempts to impose a provisions of introducing medical certificate by third gender or transsexual. IT is serious violation of civil rights,” he added.

Advocate Dinesh Tripathi said this constitution is more progressive and expansive compared with previous constitution. Problems have emerged because laws are not being formulated in line with the constitutional provisions. “There has been a lot of discussions and deliberations, there is a need of new campaign based on constitutional provisions,” Tripathi said.  He said court and other law-making bodies should be responsible to court. He further added that if the spirit of constitution is assimilated, LGBTIQ would get rights.  According to him, the rights of this community are not elaborated in the constitution.