Wednesday 15 July 2015

Prohibition of PR and DV by Nepalese Civil Servant - A nonsense populist move

I read a news that Nepal's Parliament has passed a law amending the Civil Servants' Act. This amendment was brought in Nepal to introduce a new law barring civil servants from holding permanent residency (PR) or diversity visas (DV) of foreign countries.

I read that the law has got the assent from the President of Nepal yesterday (Tuesday, 14 July, 2015) and has therefore, been made effective by public Notice. As per the law, any civil servant of Nepal who holds PR, DV or any kind of residency Visa of Foreign Country needs to declare it to the Government of Nepal within 30 days and should decide whether to continue to be in Public Service in Nepal. If he wishes to continue in Public Service in Nepal as a Civil Servant, he must give up his PR, DV or any kind of residency Visa of Foreign Country within next 30 days. This Act has also prohibited anyone having a PR, DV or any kind of residency Visa of Foreign Country from entering into a government service. The Act goes little ahead to deny pension to the spouses of a Civil Servant if such spouse has a DV/PR. What nonsense!!

This archaic law has found widespread support from majority of public in Nepal and has been hailed as a major piece of legislation. The Minister involved in the promulgation of this bill is Mr. Lalbabu Pundit, from a Nepalese ethnic Madhesi Community, and has received support from almost everyone.

However, in my post, I would state why we must oppose such regressive, archaic, discriminatory legislation brought into effect by parochial nationalism of a Minister and select group of people.

Let us first see the news on how this is going to affect the Nepalese Civil Servants:

In the interview given in myrepublica website by the concerned Minister for General Administration, Lal Babu Pandit, he had stated that the Civil Servants holding DV and PR are akin to diseases. When I read this statement of Minister for General Administration, Lal Babu Pandit, I was reminded of Hitler who thought Jews are like people with diseases. It is like saying gays are people who suffer from some sorts of diseases. Does Minister for General Administration, Lal Babu Pandit want to stand in the league of Nazi Nero Hitler?

If you read in that interview, the answer to first question given by the Minister for General Administration, Lal Babu Pandit, it becomes clear that his framing of laws rest on the invalid and misunderstood premises. Minister fails to differentiate between the Citizenship, Diversity Visa and Permanent Residency. He is right when he states that there is no provision of dual citizenship in our constitution and that would be illegal but the Minister does not find any difference between  DV/PR on one hand and Citizenship, on the other and thereby, thinks that people are violating the laws of Nepal. It is ridiculous, Minister.

We Come to the other provisions of the Act little later. Let us now see why this Act deserves to be thrown to the dustbin:

First of all, the Act fails to state the reason why personal freedom of movement and how and where to live needs to be curtailed of a Civil Servant. Yes, he is a civil servant and draws salary from Nepal Government but that is not a reason enough to deny a Nepali his right to live in a way he wants to live. The Bill fails to state what harms were done to Nepal and Nepalese sovereignty by the people who had DV and PR in the past. Nothing. Simply because you can not form a reasonable nexus between the duty performed in Nepal and holding/not holding of DV/PR. There is no nexus between these two items and the current law harshly curtails the right of a person's right to life, liberty, and movement.

Can we tell a Civil Servant he needs to behead himself first if he wants to work in Public Service in Nepal? The present Act seems to be telling so and must be scrapped and if required violated intentionally.

If you read the myrepublica interview of the Minister, he makes a laughing stock of himself by telling that he wants to stop the money flowing outside Country as a Pension of Civil Servant who has taken a DV/PR. Come on man! how much is that?

The sucking politicians are spending billions of Rupees from state's exchequers in the name of treatment and the Minister is more concerned about few lakhs of Rupees (we are only assuming here as there is no proper study on the matter) and keen to pass such regressive, archaic, overly nationalistic and populist laws.

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If you read his interview on myrepublica link which I have given earlier, it is clear that he has made an ass of himself. He says that if you want to live outside Nepal, you must renounce the Nepalese Citizenship. Areey Yaar, do we live in democracy or autocratic regime of Lalbabu Pundit? I am sure Panchayat or other past autocratic regimes were not these fascists as the current government is.

Tomorrow, government may pass a law restricting students to study outside Nepal and compel us to study only in Nepal. Their reason would be simple: A lot of money goes outside Nepal for study purpose and not many students will come back to serve the country. If Ministers like Lal Babu Pundit continue in Office, they may tell telecommunication, internet, foreign magazines and books to be stopped simply because we spend so much money sending out of Nepal. Minister like Lal Babu Pundit are shame to this country!

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