Kathmandu. Rashtriya Prajatantra Party (RPP) MP Gyanendra Shahi has demanded the immediate withdrawal of the proposed draft brought by the government in the name of amending Section 49 of the Criminal Code, 2074 as it is against the constitution and democratic values.
Speaking at the meeting of the House of Representatives on Thursday, MP Shahi claimed that the proposed legal system would seriously affect citizens’ freedom of expression, political pluralism and democratic rights.
According to him, although the constitution has given every citizen the right to have an opinion, express disagreement and criticize the government, there is a danger that the proposed draft may interpret peaceful political dissent and even the demand for constitutional amendment as a crime.
He said, “In the name of revising Section 49 of the National Criminal Code, 2074, I have drawn serious attention to the issue of the draft being advanced so as to be clear on the constitution and democratic values of Nepal.” This is a topic that everyone should listen to. The Constitution of Nepal has given freedom of thought and expression to every citizen. Article 17 of the Constitution guarantees the fundamental right to hold opinions and to speak and express dissent. Article 169 and Article 270 have constitutionally guaranteed political pluralism and political freedom.
Shahi pointed out that the government is preparing to define activities against the constitution or the democratic republic as an offense against the state and to provide a prison sentence of up to 25 years, warning that it will weaken democratic practice.
He said, “In the currently proposed draft, an attempt has been made to create an offense against the state by adding the words “doing, causing, or using force” against the constitution or the democratic republic of Nepal, and to provide a prison sentence of up to 25 years. It creates a situation where even peaceful ideas, political disagreement, or the demand for constitutional amendment are interpreted as crimes. It is a direct attack on the spirit of the constitution, democratic practice, and civil liberties.”
He accused the government of moving in the direction of silencing citizens under the guise of majority and commented that such laws are an ‘attempt to strangle’ democracy.
Similarly, he claimed that there is a risk that the draft advanced by the government may take the country away from the democratic path and lead it to autocracy. Such drafts can go against the nation, democratic practices and values. Attempting to suppress the voice of the people by showing fear of the law is not a defense of democracy,” he said.
Shahi mentioned that it is not a crime to have a different opinion on constitutional amendment or governance issues and urged the government to immediately scrap the proposed draft.