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ISA S Internship<br />

Programme 2008<br />

Introduction<br />

<strong>Inclusive</strong> <strong>Democracy</strong> <strong>for</strong> <strong>Madheshis</strong>:<br />

The Quest <strong>for</strong> Identity, Rights and Representation<br />

Farah Cheah<br />

This research paper was embarked upon with the mission <strong>of</strong> exploring the intricacies<br />

surrounding issues <strong>of</strong> identity, rights and representation <strong>for</strong> the <strong>Madheshis</strong> in the new republic <strong>of</strong><br />

Nepal. The centuries <strong>of</strong> political, economic and social discrimination and marginalisation <strong>of</strong> the<br />

inhabitants <strong>of</strong> Tarai are well studied. However, with the radical shift <strong>of</strong> governance from a<br />

Constitutional Monarchy to a Democratic republic, I recognised the need <strong>for</strong> research focused on<br />

Madheshi movements and agenda in this new setting. This paper serves to place some<br />

perspective over the rising issues <strong>of</strong> Madheshi Nationalism in Nepal. Thus, the questions I put<br />

<strong>for</strong>th and the issues I look at reflects contention that surrounds the themes <strong>of</strong> 1) identity, 2) rights<br />

in lieu <strong>of</strong> democratic transition and 3) what these issues translate into in terms <strong>of</strong> representation.<br />

As the political landscape <strong>of</strong> Madhesh and greater Nepal are unfolding at present, this study does<br />

not aim to be a exhaustive one. Rather, it aims to provide a better understanding to issues<br />

surrounding the ongoing Madheshi movement and perhaps, provide an insight to the difficulties<br />

<strong>of</strong> government <strong>for</strong>mation and constitution building from the Madheshi perspective. This paper is<br />

neither intentioned as a detailed study <strong>of</strong> the 2007 Madhesh Protests nor <strong>for</strong> the case <strong>of</strong> exclusion<br />

<strong>of</strong> <strong>Madheshis</strong> because <strong>of</strong> the comprehensive and impressive studies that have already been<br />

undertaken by scholars 1<br />

. Instead, this research paper aims to study areas <strong>of</strong> tension and conflict<br />

surrounding the ongoing Madheshi movement <strong>for</strong> recognition, rights and representation from the<br />

state, hopefully highlighting areas and new scopes <strong>for</strong> further research.<br />

The earlier sections <strong>of</strong> this paper looks at the debates surrounding the contested definitions <strong>of</strong><br />

Tarai as opposed to Madhesh and explore the quest <strong>for</strong> a Madheshi identity. The second section<br />

aims to highlight areas <strong>of</strong> discrimination and marginalisation <strong>of</strong> <strong>Madheshis</strong> in various aspects <strong>of</strong><br />

Nepalese society. Detailed and comprehensive studies have been done on the Exclusion <strong>of</strong><br />

<strong>Madheshis</strong>, thus, this section serves to highlight certain changes have taken place with the<br />

<strong>for</strong>mation <strong>of</strong> the Constituent Assembly in later sections. Following that, I present findings <strong>of</strong> my<br />

field trip interviews on the issue <strong>of</strong> the 2007 Madheshi social movement which surfaced only<br />

after 239 years <strong>of</strong> state suppression and marginalisation. What was the underlying basis <strong>of</strong> unity<br />

1 For an excellent analysis <strong>of</strong> Social Exclusion <strong>of</strong> the Madheshi Community, see Shree Govind Shah’s work<br />

on Social Inclusion <strong>of</strong> Madheshi Community in Nation Building (2006). For a detailed analysis <strong>of</strong> the 2007<br />

Madheshi protests, read Bhaskar Gautam’s comprehensive compilation <strong>of</strong> firsthand accounts in<br />

Madhesh Bidrohako Nalibeli
 : Details <strong>of</strong> Madhesh Revolt.(2008)<br />

1


amongst Janajatis, ethnic-<strong>Madheshis</strong>, Indigenous Nationalities, women groups, Muslims and<br />

dalits in carrying the slogan <strong>of</strong> ‘Ek Madhesh, Ek Pradesh’ (One Madhesh, One Pradesh). Next, I<br />

look at partisan representation <strong>of</strong> <strong>Madheshis</strong>, in an attempt to show to what extent Madhesh is<br />

non-monolithic. Focusing on the three largest Madheshi parties – the MJF, TMLP and SP – I<br />

explore their conceptions <strong>of</strong> what and who constitutes Madhesh and the <strong>Madheshis</strong> respectively.<br />

Framing the identities <strong>of</strong> Madhesh and Madheshi have underlying implications <strong>of</strong> these parties’<br />

political agenda which may or may not have been reflected in their Manifestos. Last but not<br />

least, this paper examines the feasibility <strong>of</strong> Madheshi demands made upon the state and provides<br />

a host <strong>of</strong> perspectives on granting or denying the demands. These include the geopolitical<br />

realities <strong>of</strong> Tarai and its economic implications on the rest <strong>of</strong> Nepal.<br />

1. Methodology<br />

For the purpose <strong>of</strong> this research, I consulted both primary and secondary sources <strong>of</strong><br />

in<strong>for</strong>mation. I humbly embarked on a brief fieldtrip <strong>for</strong> about three weeks to Kathmandu and the<br />

Terai in July 2008 to conduct interviews and seek primary sources <strong>of</strong> data. I interviewed 22<br />

individuals in Nepal, drawing from a pool <strong>of</strong> expertise and diversed background. My intention<br />

was to speak with representatives from all aspects <strong>of</strong> Nepalese society relevant to the research<br />

study. These included security perspectives both from an RNA retired general and the Indian<br />

Defence Attache, academics studying both democratisation in Nepal and the Madheshi<br />

Movement, Officers from International NGOs and the United Nations Mission in Nepal,<br />

Journalists from both Kathmandu and Terai amongst many others. Bearing in mind that some <strong>of</strong><br />

the pr<strong>of</strong>essionals I spoke with simultaneously carried overlapping identities <strong>of</strong> either Madheshi<br />

or non-Madheshi 2<br />

, I was careful to include as balanced as possible a selection <strong>of</strong> Terai based and<br />

non-Terai based pr<strong>of</strong>essionals. I have also consulted the Central Bureau <strong>of</strong> Statistics in<br />

Kathmandu and Singha Durbar <strong>for</strong> primary sources <strong>of</strong> data as well as the results <strong>of</strong> the 2008<br />

April election from the Nepal Elections Portal available online in order to illustrate certain<br />

findings and observations about Madheshi representation. Last but not least, I consulted largely<br />

with references and academic studies on the exclusion <strong>of</strong> <strong>Madheshis</strong> already undertaken which<br />

allowed me to further my argument based on evidence <strong>of</strong> exclusion.<br />

2. “<strong>Democracy</strong>” and “<strong>Inclusive</strong> <strong>Democracy</strong>”<br />

The understanding <strong>of</strong> “democracy” varies from country to country, amongst politicians,<br />

scholars and individuals. Krishna Bhattachan defines ‘democracy’ as<br />

2<br />

Other categorizations such as Pahadis, Brahmins in<strong>for</strong>med me better <strong>of</strong> their background affiliations<br />

and biases in some instances.<br />

2


“a political process in which people are fully sovereign and diverse groups <strong>of</strong><br />

people cooperate among themselves in a participatory way <strong>for</strong> their common<br />

good.” 3<br />

Though there is no one absolute definition <strong>of</strong> what democracy means to different<br />

societies, Bhattachan echoes an understanding <strong>of</strong> democratic principles. <strong>Democracy</strong>, even in its<br />

most elusive <strong>for</strong>ms, is echoed by many actors in society today. Meanwhile, <strong>Inclusive</strong> democracy<br />

in my understanding refers to political processes which shape the extent <strong>of</strong> representation in<br />

political, economic and socio-cultural realms <strong>of</strong> society. In his project on <strong>Inclusive</strong> <strong>Democracy</strong><br />

in 1997, Greek political philosopher Takis Fotopoulos defines it as “<br />

“a new conception <strong>of</strong> democracy, which, using as a starting point the classical<br />

definition <strong>of</strong> it, expresses democracy in terms <strong>of</strong> direct political democracy,<br />

economic democracy (beyond the confines <strong>of</strong> the market economy and state<br />

planning), as well as democracy in the social realm and ecological democracy. In<br />

short, inclusive democracy is a <strong>for</strong>m <strong>of</strong> social organisation which re-integrates<br />

society with economy, polity and nature.” 4<br />

Since the second unprecedented people’s movement, Jana Andolan II, civil society in Nepal<br />

has more than ever, risen to the challenge <strong>of</strong> democratising the Nepalese State. Jana Andolan II<br />

provided mandate to transcend traditional Monarchical rule into a more representative and<br />

democratic future. This transition has yet to fulfill all aspects <strong>of</strong> inclusive democratic governance<br />

as defined by Fotopoulos. Various minority groups have been at the frontline <strong>of</strong> this push <strong>for</strong><br />

democratisation, and their effects have been felt all over Nepal. One <strong>of</strong> the main minority groups<br />

who have in many ways substantially affected Nepalese politics in Kathmandu, and still<br />

continues to, is the <strong>Madheshis</strong>. Who are the <strong>Madheshis</strong> and what are the issues surrounding the<br />

Madheshi movement?<br />

3. Who are the <strong>Madheshis</strong>?<br />

What constitutes Madhesh and who are the <strong>Madheshis</strong>? The answers to these questions<br />

continue to be an area <strong>of</strong> contention- hotly debated through and through by politicians,<br />

academics, journalists and civil society with little resolve. Two debates surround the matter- the<br />

first one lingers over the terminologies Tarai as opposed to Madhesh. The second point <strong>of</strong><br />

3<br />

Bhattachan, Krishna B. (2003) in “Expected Model & Process <strong>of</strong> <strong>Inclusive</strong> <strong>Democracy</strong> in Nepal”<br />

Paper presented in an international seminar on The Agenda <strong>of</strong> Trans<strong>for</strong>mation: Inclusion in Nepali<br />

democracy organized by the Social Science Baha. p.4<br />

4<br />

“<strong>Inclusive</strong> <strong>Democracy</strong>” entry in Routledge Encyclopedia <strong>of</strong> International Political Economy, ed. by R.J.<br />

Barry Jones, 2001, pp. 732-733.<br />

3


contention, by extension, harps on the regional versus cultural definitions <strong>of</strong> who is termed a<br />

Madheshi.<br />

Tarai Versus ‘Madhesh’<br />

Many takes <strong>of</strong> what the Tarai encompasses have been put <strong>for</strong>th by different groups in<br />

Nepal, including radical opinions which deny the existence <strong>of</strong> a Madhesh altogether. According<br />

to the Britannica encyclopedia, Tarai stands <strong>for</strong><br />

‘a strip <strong>of</strong> undulating <strong>for</strong>mer marshland, that stretched from the Yamuna River in<br />

West to the Brahmaputra River in the East 5<br />

’.<br />

Frederick Gaige (1975), a pioneer author on the study <strong>of</strong> hill-plains conflict in Madhesh,<br />

also noted that various Hindi and Urdu dictionaries define Tarai as ‘the foothills <strong>of</strong> mountains,<br />

<strong>of</strong>ten damp and swampy.’ 6 To the same extent, several ethnic groups from the Tarai have<br />

claimed links <strong>of</strong> origins to the region and its definition. Some Tharus argue the word Tarai was<br />

derived <strong>for</strong>m ‘tar’ meaning ‘low’, implying the low-lying lands characteristic <strong>of</strong> the region 7<br />

.<br />

Definitions <strong>of</strong> the Tarai may vary but what seems characteristic are the geographical and<br />

terranean features identified with the region.<br />

The word Madhesh on the other hand implies much more than a physical composition <strong>of</strong><br />

the space that stretches across the southern belt <strong>of</strong> Nepal. In C K Lal’s assessment, Madhesh<br />

includes the cultural and lingual space that exists as a basis <strong>of</strong> identity amongst the people<br />

residing in the region. Whether these identities find congruence in existence is another matter but<br />

the argument is that a definite and distinct regional, cultural and lingual space <strong>of</strong> Madhesh exists<br />

in the minds <strong>of</strong> those who inhabit it. Gaige (1975) noted the close association <strong>of</strong> ‘Tarai’<br />

symbolising colonial mentalities, which he referred to as the process <strong>of</strong> ‘Nepalisation’ <strong>of</strong><br />

Madhesh. Others argue that while Tarai exists in the context <strong>of</strong> Nepal, the word is more generic<br />

than claimed – Tarai regions are also found in India, Bangladesh and Bhutan. Thus Madhesh<br />

seems to carry more significant historical, regional and cultural connotations than the term<br />

‘Tarai.’<br />

While the terms Tarai and Madhesh may carry specific regional and cultural<br />

connotations, both are generally used in the context <strong>of</strong> contemporary Nepal <strong>for</strong> reference to the<br />

largely agrarian southern belt <strong>of</strong> the land-locked country. For the purpose <strong>of</strong> this paper, Tarai is<br />

used loosely to refer to the geographical southern belt <strong>of</strong> Nepal. ‘Madhesh’ is used here to imply<br />

cultural and geopolitical Much emphasis and intellectual energy has been hovering over<br />

5 Britannica Encyclopedia Entry (1994)<br />

6 Gaige, Frederick (1975) in Regionalism and Nationalism in Nepal, p. 22<br />

7 Kumar, Vivaswan, (2008) “Madhesh/Terai and Tharus /<strong>Madheshis</strong>: Nepal’s New Frontier <strong>of</strong><br />

Etynopolitics” article in Telegraph Nepal. 27 March 2008<br />

4


terminology because they are intrinsically linked to political and cultural implications <strong>of</strong> the<br />

Madheshi movement and agenda. Is the Madhesh region inherently monolithic? Was the success<br />

and magnitude <strong>of</strong> the 2007 Madheshi uprisings, a consequence <strong>of</strong> regional identity. Does this<br />

identity extend beyond the geopolitics <strong>of</strong> Madhesh? Or do the inhabitants <strong>of</strong> Tarai fail to find<br />

commonalities existing beyond the characteristic marginalisation and blatant discrimination by<br />

the state?<br />

Pitambar Sharma understands Madhesh, even geographically, as a non-continuous strip<br />

<strong>of</strong> territory. On the contrary, he believes Tarai comprises three distinct units – Eastern, Central<br />

and Western Tarai. Thus, identifying Chitwan and Dang, the districts <strong>of</strong> Inner Tarai or Bhitri<br />

Madhesh, as<br />

“(punctuations) <strong>of</strong> the geographical continuation <strong>of</strong> the Tarai in Nepal.” 8 Somewhat<br />

distinct from what he terms ‘proper Madhesh’. 9<br />

The Regional and Cultural Connotations <strong>of</strong> Being Madheshi<br />

There are generally two schools <strong>of</strong> thought in pondering over what it means to be<br />

Madheshi. The lines <strong>of</strong> identification have distinct and specific political connotations and hence<br />

have served as the basis <strong>of</strong> much rhetoric surrounding the ongoing Madheshi movement <strong>for</strong><br />

rights and representation in the Nepal.<br />

The first school understands Madhesh as a regional entity in its geographical depiction. Thus, the<br />

people living in this region have been broadly called Madheshi or Madheshiyas. 10 This view<br />

includes that the term Madhesh refers to all non-Pahadis 11 which includes the traditional caste<br />

hierarchy such as Brahmin, Kshatriya, Baisya and Dalits, and indigeneous Janjati ethnic groups,<br />

other native tribes and Muslims. 12<br />

Tarai-based parties such as the Terai Madhesh Loktantrik<br />

Party (TMLP) headed by Mr Mahanta Thakur, share sentiments with this school <strong>of</strong> thought in<br />

defining who <strong>Madheshis</strong> are and ultimately, who they claim to represent with their party<br />

manifestos.<br />

The second interpretation <strong>of</strong> Madheshi identity is seen through the sociological lens <strong>of</strong><br />

identity. Krishna Hachhethu describes the region as “a traditional homeland <strong>of</strong> tribal people and<br />

the people <strong>of</strong> Indian origin. 13<br />

” Thus the second definition <strong>of</strong> <strong>Madheshis</strong> proposes that the basis <strong>of</strong><br />

identity lies in what is termed as “people <strong>of</strong> Indian-origin”. For generations many <strong>Madheshis</strong><br />

share close associations i.e. through marital ties with communities living across the open border.<br />

In this sense, <strong>Madheshis</strong> shared predominant lifestyles, food habits, language and culture,<br />

8<br />

Pitambar Sharma, Unraveling the Mosaic: Spatial aspects <strong>of</strong> ethnicity in Nepal p. 6<br />

9<br />

Pitambar Sharma, Unraveling the Mosaic: Spatial aspects <strong>of</strong> ethnicity in Nepal p.6<br />

10<br />

Conspiracy <strong>of</strong> Nepali Raj against Madhesh. p. 24<br />

11<br />

The word Pahadi refers to Nepalis who lived or whose ancestors had lived in the hills.<br />

12<br />

Shree Govind Shah, Social Inclusion <strong>of</strong> Madheshi Community in Nation Building. p. 3<br />

13<br />

See <strong>Democracy</strong> and Nationalism: Interface between State and Ethnicity in Nepal Krishna Hachhetu p. 6<br />

5


common with the people who live across the Indian border in Uttar Pradesh and Bihar. This has<br />

sometimes raised suspicions <strong>of</strong> loyalty and identity amongst Pahadis with decision-making<br />

positions in the centre <strong>of</strong> Nepalese politics. This definition is important in understanding the<br />

social reality/relevance to identity politics going on at the moment because it implicitly refers to<br />

specific pockets <strong>of</strong> communities amongst the Madhesh population. This selective aspect <strong>of</strong><br />

definition implies a distinction between <strong>Madheshis</strong> <strong>of</strong> Indian-Origin and everyone else who lives<br />

in Madhesh.<br />

The clear definitions between regionally identified <strong>Madheshis</strong> and culturally identified<br />

“Indian-origin” <strong>Madheshis</strong> do not seem to exist <strong>for</strong> the outsider. The fact that there appears no<br />

hard and fast rule about it has to a certain extent created a political space <strong>of</strong> confusion when a<br />

particular group – political or criminal- claims to represent ‘<strong>Madheshis</strong>’. During my brief<br />

research trip to Nepal, I was told that an individual with a particular name <strong>for</strong> example, ‘Gautam’<br />

or ‘Neupane’, would definitely not belong to a Madheshi. Yet in an interview with one <strong>of</strong><br />

journalist who had the <strong>for</strong>mer name enlightened me otherwise.<br />

“The confusion you have is very understandable… I was born at Lahan 80 km east from<br />

Janakpur so was my father. I speak Maithili more than many assume. My whole social<br />

brought up is from the Madhes origin. If you look to the criteria <strong>of</strong> “Indian-origin” then I<br />

guess you can say I cease to be Madheshi… But mind it, this would have defiantly torn<br />

away the Madhes.“<br />

This was a lesson I took in my stride, as if someone had awoken a consciousness to the<br />

power <strong>of</strong> Anderson’s Imagined Communities. 14<br />

Thus there leaves a bigger space <strong>of</strong> contestation<br />

between those who identify <strong>Madheshis</strong> regionally as opposed to those who look into the cultural<br />

space as a basis <strong>of</strong> identity.<br />

Even though Tarai and Inner Tarai occupies about only 17 per cent <strong>of</strong> Nepal’s total land<br />

area, they are home to some 49per cent <strong>of</strong> Nepal’s population 15<br />

. Though these figures continue<br />

to be disputed based on one’s understanding <strong>of</strong> who <strong>Madheshis</strong> are, one thing <strong>for</strong> certain is the<br />

historical and continued exclusion <strong>of</strong> the Nepalese state through the lack <strong>of</strong> representation and<br />

development given to these regions.<br />

14<br />

Anderson, Benedict (2006) in Imagined Communities: reflections on the origin and spread <strong>of</strong><br />

nationalism (London; Verso) Ch 1<br />

15<br />

Calculations based in Central <strong>of</strong> Bureau Statistics Report by Pitambar Sharma, Urbanization and<br />

Development (2005)<br />

6


Table 1: Population in designated urban areas in 2001<br />

Regions/Municipalities Population in 2001<br />

Hill/Mountains 576 024<br />

Kathmandu Valley 995 966<br />

Inner Tarai 392 108<br />

Tarai 1,263 781<br />

Total 3 227 879<br />

Source: Cheah (2008), derived from CBS[1995]. CBS [2003] For more details <strong>of</strong> which districts<br />

were included in each specified area see Annex 1.<br />

Should the <strong>Madheshis</strong> be defined regionally, they would constitute almost half <strong>of</strong> the<br />

population. That would give them a very strong case <strong>of</strong> exclusion from Nepalese society. i.e<br />

Electoral under-representation, discrimination in employment in civil service and governmental<br />

bodies etc. as the next section will show. The question <strong>of</strong> identity amongst the <strong>Madheshis</strong> and<br />

other inhabitants <strong>of</strong> Tarai who claim counter identities are crucial in analysing the rise <strong>of</strong> Taraibased<br />

parties who claim to champion a congruent Madheshi cause. This paper will explore the<br />

existing tensions between state and Madheshi movement by focusing on the legitimacy and true<br />

representation <strong>of</strong> the <strong>Madheshis</strong> in electoral politics.<br />

4. How have they been Excluded from the Nepali State<br />

Many <strong>Madheshis</strong> feel that the entire Madhesh and its inhabitants had not existed in the wider<br />

frame <strong>of</strong> Nepalese national consciousness 16 . To a very large extent, this can be seen in light <strong>of</strong><br />

the state’s failure, deliberately or otherwise, to include <strong>Madheshis</strong> in mainstream society. Several<br />

detailed and comprehensive studies have been done to examine in detail areas <strong>of</strong> exclusion by<br />

the state 17<br />

. This section aims to highlight the main issues surrounding Madheshi grievances and<br />

issues pertinent to them. I have also included notes on whether any significant re<strong>for</strong>ms or<br />

changes have been made to alter the status quo.<br />

Political Exclusion<br />

Through Government and bureaucratic Institution<br />

16 Shree Govind Shah, Social Inclusion <strong>of</strong> Madheshi Community in Nation Building p.<br />

17 For examples <strong>of</strong> detailed and comprehensive studies see Gaige, Frederich in Regionalism and<br />

Nationalism in Nepal (1975), Shree Govind Shah, Social Inclusion <strong>of</strong> Madheshi Community in Nation<br />

Building (2005) and Singh, Amresh Kumar in Restructuring the Nepali State: A Madheshi Perspective<br />

(200-) Mahendra Lawoti (2001) gives a careful study on <strong>Madheshis</strong> in the political space o society. She<br />

examines their exclusion in political participation, administration and governance, policy-planning and<br />

decision making and ultimately contributes by proposing a consensus-based model <strong>of</strong> governance.<br />

7


According to a UNMIN political affairs <strong>of</strong>ficer I interviewed in Kathmandu, the<br />

representation <strong>of</strong> <strong>Madheshis</strong> have continued to be dismal in many areas <strong>of</strong> bureaucratic<br />

appointments in the civil sector. He noted UNMIN’s frequent meetings with Chief District<br />

Officers (CDO), District Security Cheifs and civil society representatives and explained that out<br />

<strong>of</strong> 75 CDOs, currently only 5 were <strong>Madheshis</strong>. The number <strong>of</strong> <strong>Madheshis</strong> holding high level<br />

positions in the civil sectors, government bureaucracies and in government reflects the attitudinal<br />

discrimination and barriers <strong>of</strong> entry to their community. Table 2 shows the number <strong>of</strong><br />

appointments in the specified bodies paling in comparison to Pahadi communities, bearing in<br />

mind that <strong>Madheshis</strong> make up 49% <strong>of</strong> Nepal’s population while Pahadis number about 14.1%. 18<br />

Table 2: Madheshi Representation in Cabinet, Constitutional Bodies and High Official Posts<br />

Post and Organisation Post<br />

s<br />

Pahadi Madheshi %<br />

Madheshi<br />

Ministers 24 21 4 16.7<br />

Royal Standing Committee 8 7 1 12.5<br />

Judges in Supreme court 21 12 2 9.5<br />

Chiefs <strong>of</strong> the Constitutional bodies 7 7 0 0<br />

Members <strong>of</strong> the Constitutional Bodies 5 4 1 20.0<br />

National Human Rights Commission 6 5 1 16.7<br />

Ambassador/ Consulate Generals 23 22 1 4.3<br />

Secretary/ regional Administrators 37 36 1 2.7<br />

Vice-Chancellors 5 5 0 0<br />

Vice-chancellor RONAST, Royal Nepal<br />

Academy<br />

2 2 0 0<br />

Chief <strong>of</strong> Security Forces 3 3 0 0<br />

Dept. Heads <strong>of</strong> HMG 47 43 4 5.8<br />

Chief <strong>of</strong> Govt. Corporation and<br />

Committees<br />

56 52 4 7.1<br />

Chief <strong>of</strong> Govt. In<strong>for</strong>mation and<br />

Communication Agencies<br />

4 4 0 0<br />

Heads <strong>of</strong> Parliamentary Bodies &<br />

Committees<br />

15 12 3 20.0<br />

Source: Singh, A(2003) Restructuring <strong>of</strong> Nepali State: A Madheshi Perspective<br />

Note: Number <strong>of</strong> Ministers is <strong>of</strong> Girija Prasad Koirala cabinet in 2001, all the other data are<br />

be<strong>for</strong>e October 2002<br />

18 CBS (2001). Population Census<br />

8


In his study, Singh (2003) highlights the dismal representation <strong>of</strong> <strong>Madheshis</strong> within the realm <strong>of</strong><br />

government, high-level appointments and in Judiciary. It is equally important to not only note the<br />

lack <strong>of</strong> representation but also link them to the reality <strong>of</strong> perceived security uncertainties and<br />

questions <strong>of</strong> authority, as this paper will show. Underrepresentation in the Cabinet reflects the<br />

basis <strong>of</strong> ill-in<strong>for</strong>med policies undertaken by the state i.e. in matters <strong>of</strong> land re<strong>for</strong>ms or the issue<br />

<strong>of</strong> citizenship a year back 19<br />

. The following table is that <strong>of</strong> Madheshi representation in previous<br />

government cabinets.<br />

Table 3: Representation <strong>of</strong> Various Caste and Ethnic Groups in Cabinet from 1951 to 2005<br />

Caste/Ethnic<br />

groups<br />

Cabinet Percent <strong>of</strong> total<br />

population in<br />

2001<br />

No <strong>of</strong> ministers Percent<br />

Brahmins 360 26.8 12.7 2.11<br />

Chhetri/ Thakuri 378 28.2 17.3 1.63<br />

Newar 136 10.1 5.5 1.84<br />

Brahmins/ Chhetri/<br />

Newar<br />

874 65.2 35.5 1.84<br />

Tarai (Madheshi) 205 15.3 33.0 0.46<br />

Hill Social Groups 234 17.4 29.0 0.60<br />

Proportional<br />

Share Index<br />

(PSI)<br />

Others 28 2.1 2.5 0.84<br />

Tarai/HSG/Others 467 34.8 64.5 0.54<br />

1341 100.0 100.0<br />

Source: From Exclusion to Inclusion Social Inclusion Research Fund (December 2007)<br />

Through Electoral Under-Representation<br />

<strong>Inclusive</strong> proportional representation in partisan politics had previously been an anomaly<br />

prior to the <strong>for</strong>mation <strong>of</strong> the Constituent Assembly in 2008. The number <strong>of</strong> <strong>Madheshis</strong> in Nepali<br />

Congress and UML’s Central Committee in 1999 was also recorded as 3 (7.9%) and 4 (5.8%)<br />

19 Citizenship had been an issue <strong>of</strong> contention because <strong>of</strong> the failure <strong>of</strong> the Nepali state to grant<br />

citizenship to more than 40 percent <strong>of</strong> Tarai’s <strong>Madheshis</strong>. See “NEPAL: Background <strong>of</strong> the Tarai's<br />

Madhesi people,” in UN Office <strong>for</strong> the Coordination <strong>of</strong> Humanitarian Affairs Report also available online<br />

at http://www.irinnews.org/report.aspx?reportid=70027 (retrieved on 15 th August 2008) Last year, in<br />

2007, the interim government sent teams <strong>of</strong> functionaries to distribute citizenship certificates to more<br />

than 2.6 million <strong>Madheshis</strong>.<br />

9


espectively in Shah (2006). The table below is <strong>of</strong> the breakdown <strong>of</strong> the number <strong>of</strong> MPs in 1999.<br />

Mahendra Lawoti described the upper house (National Committee) at that time as “powerless<br />

and unproductive” while the lower house (House <strong>of</strong> Representatives) as “faced with work<br />

overload.” 20<br />

Thus, even though it made sense <strong>for</strong> more <strong>Madheshis</strong> to be present in the lower<br />

house as compared to the upper, the proportion <strong>of</strong> <strong>Madheshis</strong> as compared to Pahadis pales in<br />

comparison. Note that Nepal Sadbhavana Party(NSP) had traditionally been recognising<br />

Madheshi rights even though there was technically no space <strong>for</strong> political contestation under<br />

Monarchy. NSP had representation which stood out as opposite to the tendencies <strong>of</strong> Pahadi<br />

dominance at that time.<br />

Table 4: Number <strong>of</strong> Madheshi Member <strong>of</strong> Parliament in 1999<br />

Political Parties Total MPs Lower House Upper House<br />

Lower Upper Pahadi Madheshi Pahadi Madheshi<br />

House House<br />

Nepali Congress 113 24 90 23 21 3<br />

Communist Party <strong>of</strong><br />

Nepal (UML)<br />

69 20 59 10 19 1<br />

Rashtriya Prajatantra<br />

Party<br />

11 5 7 4 5 0<br />

Nepal Sadbhavana Party 5 1 1 4 0 1<br />

Rashtriya Jana Morcha 5 0 5 0 0 0<br />

King’s Nominees 0 10 0 0 9 1<br />

Total 205 60 164 41 54 6<br />

% Madheshi 20.0 1.1<br />

Source: Parliamentary Secretary Records, Singha Durbar, Nepal, 1999<br />

Following the elections on 10th <strong>of</strong> April 2008, the Constituent Assembly has by far been<br />

the most inclusive amongst parliaments in the past due to combined quotas <strong>of</strong> First Past the Post<br />

(FTTP) and Proportional Representation (PR) seats -with the exception <strong>of</strong> Madheshi Dalits who<br />

have 10 out <strong>of</strong> 335 seats by PR. However, other indigenous nationalities and previously<br />

underrepresented groups have been incorporated into the Assembly as the fifth section will show.<br />

Through Military exclusion<br />

20 Lawoti, Mahendra Towards a Democratic Nepal<br />

10


The Army has always been a target <strong>of</strong> scholar and activist alike on issues <strong>of</strong> recruitment.<br />

Recently, spotlight is on the mass incorporation <strong>of</strong> both Maoist soldiers (PLA) and <strong>Madheshis</strong><br />

into the institution. The two are entirely separate issues with respective connotations and<br />

implications to the issue <strong>of</strong> assimilation. While this paper does not study the issue <strong>of</strong> the PLA’s<br />

assimilation into the Nepalese Army, it recognises the claims <strong>of</strong> both PLA soldiers and<br />

<strong>Madheshis</strong> to rights <strong>of</strong> recruitment. The stark difference in recruitment <strong>of</strong> <strong>Madheshis</strong> into the<br />

military pushes one to question the sincerity <strong>of</strong> the Military’s recruitment slogan which opens<br />

applications <strong>for</strong> recruitment to all Nepalese. The number <strong>of</strong> <strong>Madheshis</strong> in the Army has been<br />

abysmal <strong>for</strong> most <strong>of</strong> Nepal’s military history. Reasons speculated behind the numbers include<br />

speculations <strong>of</strong> a distrust between most <strong>of</strong> the Government and Army’s Pahadi population<br />

regarding the loyalty <strong>of</strong> ‘Indian-origin’ <strong>Madheshis</strong>. Table 4 below shows the complete absence<br />

<strong>of</strong> <strong>Madheshis</strong> in various designations in the security <strong>for</strong>ces up to 2001.<br />

I was <strong>for</strong>tunate to be able to speak with a retired high-ranking general from the Royal<br />

Nepalese Army. When I got an opportunity to direct my queries about Madheshi recruitment in<br />

the army, he reflected the recent ef<strong>for</strong>ts <strong>of</strong> the institution in casting a recruitment net wide<br />

enough to capture the attention <strong>of</strong> <strong>Madheshis</strong> who may have been keen or potentially interested<br />

in serving as a Nepalese soldier. Not long after the eight-point agreement was reached between<br />

the Seven Party Alliance (SPA) and the Maoist in June 2006, a recruitment drive to fill some 994<br />

vacancies in the RNA was launched. The RNA received 1700 applications out <strong>of</strong> which 117<br />

<strong>Madheshis</strong> applied. The final number who made through the selection processes was 27<br />

<strong>Madheshis</strong>. From the General’s point <strong>of</strong> view, the Army, just like any other established and<br />

<strong>for</strong>midable institution has to upkeep its standards by en<strong>for</strong>cing a high expectation and criterion to<br />

be met by all its <strong>of</strong>ficers regardless <strong>of</strong> their ethnic backgrounds. This necessarily implies the rigid<br />

selection criteria in determining successful applicants based on a series <strong>of</strong> physical fitness tests.<br />

A Madheshi journalist whom I spoke to probed me to think <strong>of</strong> the reasons behind low numbers<br />

<strong>of</strong> applicants rather than focus all questions on the selection process. If discrimination was<br />

blatantly practiced in the army <strong>for</strong> whatever reasons, it would not been very appealing an<br />

environment <strong>for</strong> a Madheshi. Perceptions <strong>of</strong> the army to <strong>Madheshis</strong> range from being racial and<br />

discriminatory in the en<strong>for</strong>cement <strong>of</strong> law. The clashes which occurred between the army and<br />

protestors in 2007 greatly portrayed (perhaps inaccurately) clashes on communal grounds. This<br />

will be further elaborated upon in the next section on the Madheshi movement <strong>of</strong> 2007.<br />

Table 4: Position <strong>of</strong> Madheshi Community in Security Forces, 2001.<br />

Department and position No <strong>of</strong><br />

Officers<br />

1. Most senior <strong>of</strong>ficers in RNA 18 0<br />

2. Chief <strong>of</strong> police, armed police and national<br />

investigation department<br />

3 0<br />

Police AIGP 4<br />

No <strong>of</strong><br />

<strong>Madheshis</strong><br />

11


Human Dev<br />

Indicators<br />

Police DIG 16 0<br />

Police SSP 41 0<br />

3. Armed Police AIGP 3 0<br />

Armed Police DIG 8 0<br />

Armed Police SSP 13 0<br />

Armed Police SP 37 0<br />

Source: Madhesh: Social demography and discrimination, 2004<br />

Social Exclusion and Economic Exclusion<br />

Mr. Ameet Dhakal, news editor <strong>of</strong> The Kathmandu Post, the leading English Daily in Nepal,<br />

wrote:<br />

"Owing to their proximity to India and cross-border exchanges including marriage,<br />

<strong>Madheshis</strong> are considered less Nepali than the Pahades [people from the hills] who<br />

have dominated the country socially, culturally, economically, and politically <strong>for</strong> a<br />

long, long time."<br />

Incidences <strong>of</strong> poverty and illiteracy are one <strong>of</strong> the key indicators in assessing the levels <strong>of</strong><br />

economic and social development in general. When these criterions are applied to the study <strong>of</strong><br />

social exclusion <strong>of</strong> <strong>Madheshis</strong> in Nepal, Shah (2006) identifies Tarai districts as one <strong>of</strong> the most<br />

impoverished and underdeveloped on the whole. He correlates ethnicity with poverty and argues<br />

that Rauthat, Sirah, Mahotari, Dhanusha and Sarlahi districts are amongst the poorest while also<br />

constituting 78-94% <strong>of</strong> Madheshi people. This is juxtaposed against Pahadi dominated districts<br />

<strong>of</strong> Morang, Chitwan and Jhapa where poverty remains very low. 21<br />

Table 5: Human Development by Caste and Ethnicity<br />

Nepal Bahun Chhetri Newar Hill<br />

Janjatis<br />

Madhise Hill<br />

Dalit<br />

Muslim Other<br />

Life expectancy (yrs) 55.0 60.8 56.3 62.2 53.0 58.4 50.3 48.7 54.4<br />

Adult Literacy (5) 36.7 58.0 42.0 54.8 35.2 27.5 23.8 22.1 27.6<br />

Mean yrs Schooling 2.3 4.7 2.8 4.45 2.0 1.7 1.2 1.4 1<br />

Per Capita income<br />

(NR)<br />

7,673 9,921 7,744 11,953 6,607 6,911 4,94<br />

0<br />

6,336 7,312<br />

Per Capita PPP (US$) 1,186 1,533 1,197 1,848 1,021 1,068 764 979 1,1<br />

1.Life Expectancy 0.500 0.597 0.522 0.620 0.467 0.557 0.42 0.395 0.490<br />

Index<br />

2<br />

2. Educational 0.295 0.490 0.342 0.462 0.280 0.221 0.18 0.178 0.226<br />

attainment index<br />

6<br />

21 Shah, Shree Govind (2006) p. 10<br />

12


3. Income Index 0.179 0.237 0.181 0.289 0.152 0.160 0.11<br />

0<br />

0.145 0.170<br />

Human Dev Index 0.325 0.441 0.348 0.457 0.299 0.313 0.23<br />

9<br />

0.239 0.295<br />

Ration <strong>of</strong> National<br />

HDI<br />

100 135.96 107.3 140.7 92.2 96.3 73.6 73.7 90.9<br />

Source: Enabling State Programme (ESP) 2002, ‘A Strategy to Empower Nepal’s Disadvantaged<br />

Groups’, Document 1, page 7 quoted in Bennett (2003), Towards an <strong>Inclusive</strong> Society: Agency,<br />

Structure and Diversity in Nepal, a paper presented at the Conference on The agenda <strong>of</strong><br />

Trans<strong>for</strong>mation: Inclusion in Nepal <strong>Democracy</strong>, Kathmandu 24-26, 2003<br />

As mentioned, detailed studies on the extent <strong>of</strong> exclusion and its implications have been written.<br />

Thus, while other areas <strong>of</strong> exclusion such as in areas <strong>of</strong> education and healthcare remain very<br />

valid areas to be looked at, this paper has highlighted, instance <strong>of</strong> exclusion especially in<br />

political and military representation. These areas are highly relevant to the following sections <strong>of</strong><br />

the paper on the 2007 protests and the ongoing Madheshi movement.<br />

5. 2007 Madheshi movement<br />

Following the Jana Andolan II movement which carried promises <strong>of</strong> democratic re<strong>for</strong>ms<br />

from the Nepali state, the marginalised communities <strong>of</strong> Tarai began losing confidence that the<br />

State would once again lose the urgency <strong>of</strong> addressing their grievances. This failure would have<br />

been nothing new given that they had already been pushed aside <strong>for</strong> the last 2 centuries in the<br />

history <strong>of</strong> modern Nepal despite civil led movements over the course <strong>of</strong> Nepal’s history 22<br />

. For<br />

most Nepalese what Jana Andolan II signified end <strong>of</strong> King Gyanendra’s dictatorship on one<br />

level, and the gradual stripping <strong>of</strong> Monarchical power over various realms <strong>of</strong> society on a more<br />

macro viewpoint. More importantly it flagged the beginning <strong>of</strong> a radical transition from<br />

Monarchy to a more democratic <strong>for</strong>m <strong>of</strong> governance and in a way. Monarchical rule had in many<br />

ways, put a lid to the grievances and needs <strong>of</strong> many marginalised groups in Nepal. The<br />

abolishment <strong>of</strong> Monarchy had, thus, removed the lid on Nepal’s long-ignored and brewing<br />

grievances while democracy provided a new-found channel to push <strong>for</strong> change from the ground.<br />

The Madheshi movement was<br />

“…Essentially a nationalist movement which embodied a deep cry <strong>for</strong> political<br />

23<br />

acknowledgement <strong>of</strong> Madheshi’s identity and culture and political equality ”<br />

How we understand the movement lies deeply dependant on who we understand it to<br />

represent. When talking about the 2007 Madheshi protest in particular, the identity <strong>of</strong> <strong>Madheshis</strong><br />

as I have understood largely refers to the regional definition <strong>of</strong> the word. Thus, participants <strong>of</strong><br />

22 List <strong>of</strong> Social movements<br />

23 Madheshi Movement in Defense <strong>of</strong> <strong>Democracy</strong> and Madheshi Nationalism. Sarita Giri.<br />

13


the protests drew from many groups living in the Tarai, including the ethnic <strong>Madheshis</strong>,<br />

indigenous nationalities, Muslims, dalit and groups, who all had one thing in common. They had<br />

all been marginalised communities <strong>of</strong> the <strong>for</strong>mer rulers in Nepal.<br />

Early 2007, Nepal witnessed huge scale protest in the Tarai intertwined with spurs <strong>of</strong><br />

violent incidents in various Tarai. These included major clashes in Malangwa, Birgunj, Lahan<br />

and Biratnagar. 24<br />

Though figures are <strong>of</strong>ten disputed to be under-reported, some 19 <strong>Madheshis</strong><br />

were killed and another 500 wounded in incidents leading up to the 3 rd <strong>of</strong> February. More<br />

violence followed in the following month (March 2008) in Gaur resounding clashes between the<br />

CPN-Maoist led groups and the MJF. Overall, the Madheshi movement was regarded by many as<br />

a long-dued awakening <strong>of</strong> the Nepali state towards the ethnic and intrinsically nationalist<br />

aspirations <strong>of</strong> the <strong>Madheshis</strong> that were never surfaced on such a scale be<strong>for</strong>e. At the height <strong>of</strong> the<br />

protests, the movement had gained such momentum never seen be<strong>for</strong>e from the Tarai. In order to<br />

grasp a better understanding, I interviewed a number <strong>of</strong> <strong>Madheshis</strong> and a Pahadi who all were<br />

present in Janakpur and Birgunj during the protests. To further my understanding <strong>of</strong> the<br />

movement at large at an international level, I also spoke to <strong>of</strong>ficers with the UNMIN and<br />

OHCHR in the Tarai. The following section reflects the different takes on the cause and factors<br />

leading to the magnitude and perceived success <strong>of</strong> the movement.<br />

The Socio-Historical perspective<br />

Looking at the Madheshi Protest that occurred in 2007 through the socio-historical lens<br />

had generally been popular with academics, policy makers and non-Tarai observers <strong>of</strong> the<br />

movement. This view frames the movement with hindsight <strong>of</strong> centuries <strong>of</strong> marginalisation and<br />

<strong>for</strong>esight <strong>of</strong> political and social change that has hit Nepal with the outstripping <strong>of</strong> royal power in<br />

the state.<br />

<strong>Madheshis</strong> have been treated unfairly and denied rights as citizens <strong>of</strong> Nepal throughout<br />

the history <strong>of</strong> Nepal. These had manifested in the <strong>for</strong>m <strong>of</strong> discriminatory policies issued by the<br />

King and state at respective periods in history. The centralised system <strong>of</strong> taxation, privatising <strong>of</strong><br />

land tenure, imposition <strong>of</strong> corvee labour and birta land grant practices were some <strong>of</strong> the common<br />

instruments <strong>of</strong> exploitation that began during the Rana Dynasty (1846-1953). Despite the Jana<br />

Andolan in 1990, aristocracy continued to control national politics and state affairs. High castes<br />

<strong>of</strong> hill communities continued to dominate the highest appointments in civil service (police,<br />

military etc) and government <strong>of</strong>fices. More directly, it failed to ensure power-sharing and an<br />

equal distribution <strong>of</strong> resources among <strong>Madheshis</strong>, Janajatis, women, dalits and other indigenous<br />

nationalities living in the Tarai. Patrimonialism and Nepotism had <strong>for</strong> centuries under Monarchy<br />

became a way <strong>of</strong> Nepalese power structure, thriving in the centralised polity <strong>of</strong> Kathmandu.<br />

24 Nepal’s Troubled Tarai Region, International Crisis Group Asia Report No 136, 9 July 2007<br />

14


Many <strong>Madheshis</strong> were <strong>for</strong> centuries, denied Nepali citizenship until 2007 25<br />

. Be<strong>for</strong>e 2007,<br />

it seemed that state design had erected hurdle to delay or indirectly deny the process. In an<br />

interview with a <strong>for</strong>mer member <strong>of</strong> Interim government, Mr Lila Prasad Lochani, also a Pahadi<br />

now living in the Tarai, explained how state mechanisms had discriminated against <strong>Madheshis</strong><br />

quite blatantly. A Madheshi had to produce his Land ownership certificate where he sought to<br />

obtain his citizenship certificate and passport. On the same count, he would not be able to attain<br />

a Land Registration Deed (lalpurja) if he could not produce his citizenship certificate. This has<br />

led to pressing issues <strong>of</strong> landlessness amongst the <strong>Madheshis</strong>, Janajatis, Dalits and Muslims from<br />

the Tarai. Without citizenship certificate, <strong>Madheshis</strong> were not able to vote, buy or sell land,<br />

attend college education and apply <strong>for</strong> government jobs amongst other things. State and social<br />

engineering had in a way guaranteed the proliferation <strong>of</strong> discrimination against the <strong>Madheshis</strong><br />

whether that was the intention or otherwise.<br />

The socio-historical perspective traces many examples <strong>of</strong> marginalisation and unfair<br />

treatment practiced on the Madheshi community. It argues that a cumulative process <strong>of</strong> shared<br />

grievances about many matters and aspects <strong>of</strong> their lives had united the many different groups<br />

under the flag <strong>of</strong> One Madhesh, One Pradesh and subsequently fuelled the movement <strong>for</strong> change<br />

in Nepal’s democratic transition. It recognises the Madheshi movement as a response to years <strong>of</strong><br />

marginalisation by the state throughout history. The weakness <strong>of</strong> the Socio-historical perspective<br />

is its inability to timely account <strong>for</strong> the occurrence <strong>of</strong> the movement. If the movement was<br />

caused only by conditions <strong>of</strong> unfair treatment and marginalisation, why did it take 239 years to<br />

<strong>Madheshis</strong> to feel united or brave enough to rise up against the status quo? While the sociohistorical<br />

perspective justly addresses the grievances among the community, it fails to provide a<br />

timely understanding in explaining how the 2007 protests spiraled into the biggest Madheshi<br />

movement ever. In a nutshell, the socio-historical perspective is echoed well in Krishna<br />

Hacchethu’s article in explaining the magnitude <strong>of</strong> Madheshi movements,<br />

“…the recent Madhesh explosion was a natural outcome <strong>of</strong> the <strong>Madheshis</strong>’<br />

resentment against the Nepali state <strong>for</strong> its long ignorance and negligence to their<br />

grievances.” 26<br />

The Chronological Logic <strong>of</strong> Incidents leading up to Protests in January and February 2007<br />

My meeting with political analyst, Bhaskar Gautam, was very insightful 27<br />

because he<br />

probed me to look carefully at the series <strong>of</strong> incidents in Nepalgunj, followed by in Lahan,<br />

Khajura and especially in Gaur – all in a span <strong>of</strong> four months. Bhaskar Gautam is also the editor<br />

25 In<br />

26 Hacchethu, Krishna Madheshi Nationalism and the Restructuring the Nepali State p. 2<br />

27 Though most the people I had spoken with gave me detailed and convincing arguments <strong>for</strong> their<br />

views, Bhaskar provided a kind <strong>of</strong> insider’s perspective to the events that led up to the 2007 Madheshi<br />

protest.<br />

15


<strong>of</strong> a volume, Madhesh Bidrohako Nalibeli (Description <strong>of</strong> Madhesh Rebellion) which compiled<br />

first hand narratives <strong>of</strong> incidents happening on the ground during the 2006-2007 Tarai agitation.<br />

“The Madheshi protest <strong>of</strong> early 2007 cannot be seen in isolation to larger events<br />

that surrounded the movement and to the crucial incidences that preceded the<br />

protests. 28<br />

”<br />

The two day riots in December 2006 left Nepalgunj with one dead, twenty people<br />

wounded and about 150 shops looted. Video footages speculated online included one which<br />

showed about two hundred police <strong>of</strong>ficers standing by while a handful <strong>of</strong> people looted a<br />

television store, carrying them right past the police on the 26 th <strong>of</strong> December, supposedly a day<br />

29<br />

when curfew was imposed .<br />

More importantly, as Bhaskar had pointed out, the agitation and frustration <strong>of</strong> the<br />

<strong>Madheshis</strong> continued to pile up because <strong>of</strong> the lack <strong>of</strong> political space deliberately denied to them<br />

by Central authorities in Kathmandu. This was especially blatant on the part <strong>of</strong> the media.<br />

Coverage <strong>of</strong> the Nepalgunj incident in the daily news was minimal or close to none signifying<br />

Kathmandu’s perceived need to downplay the incident. To others, this decision was more about<br />

trivialising Madheshi grievances by portraying the incident as no more than a case <strong>of</strong> communal<br />

strife at best.<br />

Like most social movements, this one started with a small number <strong>of</strong> actors championing<br />

a cause. This time, the Madheshi Janadhikar Forum pulled the reigns at the beginning by<br />

declaring a Bandh (strike) on 16 th January 2007 30<br />

, closing down marketplaces, industries and<br />

transport services. This in response to the arrest <strong>of</strong> 14 MJF cadres back in Kathmandu when they<br />

lit to dust copies <strong>of</strong> the Interim Constitution. When placing the Madheshi movement in the<br />

bigger frame <strong>of</strong> the ongoing democratic transition at that time, it is important not to ignore the<br />

specific sequence <strong>of</strong> incidents leading up to the protests.<br />

The killing <strong>of</strong> Ramesh Mahato in Lahan in January 2007 and the initial denial <strong>of</strong> Maoist<br />

involvement served as a permanent reminder <strong>of</strong> the scarred relations between the MJF and the<br />

Maoist. Lahan was just the beginning <strong>of</strong> a spade <strong>of</strong> curfews, strikes, and cases <strong>of</strong> damage to<br />

public property that followed in many other Tarai towns. The MJF clashed again with police in<br />

Khajura on March 9. However the most gruesome killings took place in Gaur, in Rautahat on 21 st<br />

<strong>of</strong> March 2007. Some 28 people (un<strong>of</strong>ficial figures quoted over 50 casualties) were killed with<br />

many others injured when violence erupted between the Maoist and the MJF over the same<br />

choice <strong>of</strong> meeting venue <strong>for</strong> both parties. The MJF supporters largely outnumbered Maoist<br />

28<br />

Interview with Bhaskar Gautam. Kathmandu July 2008<br />

29<br />

Video footage available at http://revver.com/video/132663/nepalgunj-looting-pahadi-on-madhesimob-violence/<br />

(retrieved on 13 th July 2008)<br />

30<br />

http://www.nepalnews.com/archive/2007/jan/jan16/news11.php “Over two dozen MPRF activists<br />

arrested in the capital” NepalNews.com 16 th January 2007<br />

16


cadres in the clash. According to OHCHR’s report on the Gaur incident, 27 Maoist were battered<br />

to death with sharpened bamboo sticks locally known as bathaas and lathis. 31<br />

There has been much literature produced by scholars and international observers on the<br />

Madheshi movement and the events surrounding the agitations. While this paper is not focused<br />

on providing a descriptive analysis <strong>of</strong> the movement in detail, I highlight that seemingly isolated<br />

incidents <strong>of</strong> agitation are major causal factors in explaining the magnitude and impact <strong>of</strong> the<br />

MadheshiI movement. (Incidents be<strong>for</strong>e and during the January- February 2007 protests in<br />

Siraha, Birgunj, Janakpur and Biratnagar) To the same end, the incidents in Nepalgunj, Lahan,<br />

Khajura and Gaur had in many ways directly and indirectly introduced a Madheshi identity in the<br />

political domain <strong>of</strong> Nepal (no matter how fuzzy an idea <strong>of</strong> who constituted a Madheshi at that<br />

time). What is interesting in my opinion was the agglutination <strong>of</strong> a culturally linked collage<br />

which literally pieced together a collective movement large and strong enough to place the<br />

political agenda <strong>of</strong> marginalised Tarai minorities on the table. While the chronological logic <strong>of</strong><br />

events cannot be viewed as the only explanation to why the Madheshi protest happened, it can<br />

give some retrospect on the magnitude and momentum <strong>of</strong> the movement. As S.D Muni had<br />

highlighted to me, the ongoing Madheshi movement would have still surfaced because the<br />

abolishment <strong>of</strong> monarchy had inevitably opened up political space <strong>for</strong> the contestation <strong>of</strong> rights<br />

and identity. This stands whether or not the specific incidents in Nepalgunj, Lahan etc. had<br />

occurred. Hence value <strong>of</strong> Bhaskar’s volume, in my opinion, provides a sociological hint to the<br />

symbols <strong>of</strong> unity and identity that spurred the <strong>Madheshis</strong> on under a common grievance <strong>of</strong><br />

marginalisation. It also provides an insight on the build up <strong>of</strong> frustrations, anger and agitation<br />

that culminated in the magnitude and momentum <strong>of</strong> the 2007 Madheshi movement.<br />

The time-space-opportunity perspective on Macro level <strong>of</strong> Nepal politics<br />

This take places emphasis on the larger democratic movements going on in Nepal post-<br />

Jana Andolan II. It focuses on the timely aspect <strong>of</strong> democratic re<strong>for</strong>ms and constitution building.<br />

With the abolishment <strong>of</strong> the Monarchy, Nepal had embarked upon the path <strong>of</strong> political<br />

re<strong>for</strong>mation. Political space, which was previously kept harshly unavailable by the Monarchy,<br />

had now emerged into the Nepalese political landscape. One should not ask why the movement<br />

had not occurred <strong>for</strong> 239 years prior but instead recognise the feasibility such democratic<br />

movements prior to Jana Andolan in 1990. Seen in this light, the occurrence <strong>of</strong> the 2007<br />

Madheshi movement is a non-issue.<br />

In addition, the fact that Jana Andolan II was a social movement <strong>for</strong> the people by the<br />

people placed Nepal on the world map <strong>of</strong> democratisation. This perspective proposes a right or<br />

‘ripe’ time <strong>for</strong> radical democratic transition because <strong>of</strong> the presence <strong>of</strong> international observers.<br />

Many NGOs and I/NGOs who bought into the political rhetoric <strong>of</strong> democratisation in the Third<br />

31 OHCHR report on Gaur is available at http://www.ohchr.org/english/press/docs/gaur.pdf<br />

27 people had consistent wounds post-mortem from such attacks while one other dies from a gunshot<br />

wound. For a more comprehensive analysis, please see OHCHR report.<br />

17


World countries would in turn recognise the cries <strong>of</strong> minority groups traditionally suppressed by<br />

Monarchy. Thus, the Madheshi protest was framed in a ripe time, <strong>for</strong> several reasons. Firstly, the<br />

transition to full fledged multi-party democracy meant that various segments <strong>of</strong> society which<br />

had been kept under the tight lid <strong>of</strong> the Monarchy were given political space to pursue especially<br />

social and economic grievances. Secondly, the democratic transition was taking pace with the<br />

<strong>for</strong>mation <strong>of</strong> the government and the building <strong>of</strong> the Constitution, slowly but surely. Thus, this<br />

served and still serves as a good opportunity <strong>for</strong> minorities to bandwagon the movement and<br />

place their cards on the table in Kathmandu. Thirdly, the momentum <strong>of</strong> both democratic<br />

transition and the Madheshi Movement has gained attention <strong>of</strong> the International Community who<br />

in turn provided much needed assistance and acted as a watchdog to a certain extent.<br />

International Observers like the Federich Ebert Stiftung and the International Crisis Group<br />

amongst many other have in many ways provided minority and marginalised groups with a voice<br />

or a means <strong>of</strong> voicing out. Speaking to Dev Raj Dahal, he shared his opinion on the movement in<br />

what I thought was very well said:<br />

“The rationality <strong>of</strong> social movement is judged by the collective goods it serves,<br />

emancipates people from their historically subordinated position, constitutes itsef<br />

as a public sphere <strong>for</strong> discourse and democratic will-<strong>for</strong>mation and <strong>of</strong>fers lifechoices<br />

<strong>for</strong> all the inhabitants. The Madhesi movement is more political than<br />

social in nature as it excluded hill people, sought to fulfill particular <strong>for</strong>ms <strong>of</strong><br />

localised demands and exhibited utilitarian tendencies. Due to fragmented<br />

political sphere at the center, it is acting as a free-rider in politics now and shifting<br />

its position from NC-dominated coalition to Maoist-dominated coalition. Like<br />

other parties who are acting in the image <strong>of</strong> class, family, market and personalised<br />

authoritarianism, the Madhesi parties are also divided along historically evolved<br />

caste lines and have yet to grasp the spirit <strong>of</strong> modernity, rationality and<br />

cosmopolitan character.”<br />

As a side-note, Dahal expressed his optimism at <strong>Madheshis</strong> eventually enlarging their<br />

domain <strong>of</strong> political action in order to live in “a civilised co-existence with other groups in the<br />

same nation,” a view I find worth holding onto <strong>for</strong> a peaceful Nepal and Madhesh.<br />

Other interesting observations about the Protests <strong>of</strong> 2007<br />

Non-violent Beginnings, Violence In Retaliation<br />

Mr Kanak Mani Dixit, respected editor <strong>of</strong> Himal <strong>South</strong> Asia reminded me in my interview with<br />

him,<br />

“...What many people fail to highlight, especially on the part <strong>of</strong> Media coverage at that<br />

point in time, was that the protest was non-violent in the beginning. It gained such<br />

momentum and grew to such a magnitude largely because it began as a non-violent<br />

movement.”<br />

18


Much media coverage on the protests in Tarai was depicted as violent in nature. Though<br />

violence had erupted in certain pockets, they were very much in retaliation to rival attacks by<br />

other groups such as the Maoist or due to the excessive use <strong>of</strong> <strong>for</strong>ce by the Armed Police Force<br />

and security personnel as documented by the OHCHR. The following quoted from a press<br />

release by the OHCHR on 20 th February 2008:<br />

“In the midst <strong>of</strong> reports <strong>of</strong> growing violence in many parts <strong>of</strong> the Terai, OHCHR-<br />

Nepal is urging the Nepal Police and APF to exercise restraint in response to<br />

protests…(in some instances) however, OHCHR found that police used excessive<br />

<strong>for</strong>ce, sometimes against peaceful protesters, resulting in at least one death and<br />

numerous injuries to protesters.” 32<br />

This leads to the next issue <strong>of</strong> the presence <strong>of</strong> security personnel’s on site during the<br />

movements. To what extent had the movement reflected communal violence characterised by a<br />

dichotomisation <strong>of</strong> Pahadi versus Madheshi identities? In my opinion, the Madheshi movement<br />

reflected much more than communal clashes. Thus, the inability to look deeper into the conflict<br />

reflects a poor understanding not only <strong>of</strong> their grievances but also <strong>of</strong> the movement in itself.<br />

Nevertheless, the fact that most, if not all, security personnel were Pahadis did not alleviate the<br />

situation.<br />

“One Madhesh, One Pradesh” Slogan<br />

Interestingly, the Madheshi movement gained such momentum because it was not only<br />

ethnic <strong>Madheshis</strong> who called out to the state demanding rights. Many other groups including the<br />

Janajatis, Muslims, women groups and dalits joined at the <strong>for</strong>efront <strong>of</strong> the push <strong>for</strong> rights and<br />

representation. The ‘One Madhesh, One Pradesh’ slogan that seemed to resonate with a<br />

collective identity <strong>of</strong> Tarai inhabitants seemed to work at that time in uniting Madhesh. Yet<br />

following the current events at the time <strong>of</strong> writing this paper, one cannot help but question if the<br />

Movement reflected more accurately the fight against marginalisation or perhaps, <strong>for</strong> rights and<br />

representation in larger Nepalese society. In other words, the movement took <strong>of</strong>f because its<br />

members were united by a collective identity <strong>of</strong> marginalisation by Kathmandu more than<br />

anything else.<br />

However, there are many in Tarai, both ethnic and non-ethnic <strong>Madheshis</strong> who sincerely believed<br />

and continues to believe the only way to have a significant voice loud enough <strong>for</strong> the elites in<br />

Kathmandu to pay attention to is by presenting a united Madhesh to the rest on Nepal. I shall<br />

further elaborate on this in the following section.<br />

32 OHCHR-Nepal calls <strong>for</strong> an end to violence by all sides in Terai protests Press release from Office <strong>of</strong> High<br />

Commission <strong>for</strong> Human Rights (20 February 2008) also available online at<br />

http://nepal.ohchr.org/en/resources/Documents/English/pressreleases/FEB2008/2008_02_20_Terai_E.<br />

pdf<br />

19


6. Elite Representation <strong>of</strong> a Marginalised community<br />

The Rise <strong>of</strong> Tarai-Based Parties and the Constituent Assembly<br />

In the last two years, Nepal has seen the rise <strong>of</strong> numerous political parties and to the same<br />

end, militant groups, all claiming to reflect and champion the ‘Madhesh Agenda’. According to<br />

Bhaskar Gautam, the number <strong>of</strong> Tarai-based parties to date -including armed groups- has risen to<br />

32 post-Jana Andolan 2006. One <strong>of</strong> the most difficult distinctions to make lay in distinguishing<br />

the political groups from the criminal ones. Different parties and groups vary in their definitions<br />

<strong>of</strong> Madhesh and Madheshi, champion different agendas, reflect different end-points in their<br />

manifestos, yet all claim a Madhesh based interest.<br />

In the April elections <strong>of</strong> 2008, the Madheshi Janadhikar Forum (MJF) emerged as the<br />

fourth biggest winners with 30 First Past the Post seats, 22 seats through Proportional<br />

Representation and 2 Nominated seats 33<br />

. Meanwhile the Tarai Madhesh Loktantrik Party came<br />

behind MJF with 21 seats.<br />

The top four parties in the April 2008 elections include the Communist Party <strong>of</strong> Nepal-<br />

Maoist, the Nepali Congress, the United Marxist-Leninist party and the Madheshi Janadhikar<br />

Forum in that order. What is notable with respect to Madhesh and <strong>Madheshis</strong> is the sizable votes<br />

attained from the Tarai in the election by mainstream parties like the CPN(M), Nepali Congress<br />

and CPN(UML).<br />

Table 6: Proportion <strong>of</strong> direct Seats won in Tarai by Political Parties in Constituent Assembly<br />

Elections<br />

Political Parties No <strong>of</strong> Seats won in % <strong>of</strong> Seats won in Tarai<br />

Tarai<br />

Madheshi Janadhikar Forum 52 44.8%<br />

Terai Madheshi Loktantrik Party 20 17.24%<br />

Communist Party <strong>of</strong> Nepal (Maoist) 42 36.2%<br />

Others 2 1.72%<br />

Total 116 100%<br />

Source: Cheah (2008)<br />

Another important observation was that all mainstream parties contesting in the elections<br />

made sure to include <strong>Madheshis</strong> in their closed list as tabulated below 34<br />

. This meant that<br />

<strong>Madheshis</strong> in the Constituent Assembly are not only from Tarai-based parties but also from<br />

Mainstream parties, thus constituting a considerable proportion <strong>of</strong> the 601 seats in the<br />

33 See Appendix 1. Constituent Assembly Election Results Overview - Nepal Constituent Assembly Election<br />

Results 2008 Also Available online at http://result.nepalelectionportal.org/report1.html<br />

34<br />

Table available at Nepal Election Portal, the <strong>of</strong>ficial CA elections 2008 website:<br />

http://result.nepalelectionportal.org/report6.html<br />

20


Constituent Assembly. Madhesh based parties alone hold 83 seats in the CA but the number <strong>of</strong><br />

<strong>Madheshis</strong> extends beyond that.<br />

Table 7: Party-wise Fulfillment <strong>of</strong> Proportional Representation Quota Mandates<br />

Source: Nepal Election Portal 2008<br />

The Leaders <strong>of</strong> Madheshi Parties and Party Agendas<br />

The three strongest Madheshi parties who won seats in the CA election <strong>of</strong> 2008 are the<br />

Madheshi Janadhikar Forum, the Tarai Madheshi Loktantrik Party and the Nepal Sadbhavana<br />

Party, more recently known as Sadbhavana Party. During the course <strong>of</strong> my research, I felt that a<br />

these parties’ manifestos and their leaders’ pr<strong>of</strong>iles would shed light on 1) the sincerity <strong>of</strong> their<br />

proposed representation, 2) their conception <strong>of</strong> Madhesh and its place in future political space<br />

and 3) the feasibility and direction behind demands made upon the state.<br />

On the first issue <strong>of</strong> representation, I looked at the pr<strong>of</strong>iles <strong>of</strong> the leading men behind these three<br />

parties and the composition <strong>of</strong> membership. Hachhethu argues in his article, the elitist nature <strong>of</strong><br />

Nepalese politics and by extension, this is reflected in ethnic movements as well. This crucial<br />

factor in many ways affects the way we look at the ongoing political bickering over the extent <strong>of</strong><br />

federal control over Madhesh. All three Madheshi parties – the MJF, TMLP and SP – are led by<br />

21


upper caste representatives from the Madheshi community. What does this mean <strong>for</strong> <strong>Madheshis</strong><br />

<strong>of</strong> all other castes? An elitist agenda does not necessarily resonate with whom it claims to<br />

represent. To elaborate further, a Madheshi may not share the same agenda as an (Madheshi)<br />

ethnic activist. Thus the fact that Yadavs, Mahato, Thilis etc <strong>for</strong>m most <strong>of</strong> the leadership block<br />

amongst these three parties that claim to represent all <strong>Madheshis</strong> is slightly perturbing. There<br />

remains little representation <strong>of</strong> Madheshi Dalits <strong>for</strong> example within these parties. Another point<br />

<strong>of</strong> contention was pointed out by Bhurtel in my meeting with him; Madheshi factions or alliances<br />

had failed to include the issue <strong>of</strong> land re<strong>for</strong>m and development, a key issue, in Tarai in their<br />

election manifestos during the CA elections.<br />

The key agendas on Madheshi parties on the whole have been instead to push <strong>for</strong><br />

autonomy <strong>for</strong> Madhesh and group entry into the Nepalese Army. It is also worth noting that<br />

some 32 Tarai based groups have arisen from the region, each claiming to represent different<br />

groups <strong>of</strong> people, no doubt all inhabitants <strong>of</strong> Tarai. Thus it is no wonder that the demand <strong>for</strong><br />

“One Madhesh, One Pradesh” as still echoed in Kathmandu by Madheshi based parties (who<br />

disrupted CA proceedings as many as seven times) is highly contested not only by the Pahadis<br />

but also by other non-ethnic Madheshi groups in Tarai.<br />

While speaking to Mahantha Thakur, leader <strong>of</strong> TMLP, I sought his opinion on the<br />

importance <strong>of</strong> the “One Madhesh, One Pradesh” demand to be met and reflected in the interim<br />

constitution. To him, <strong>Madheshis</strong> are the people living in Madhesh, which implies that Madhesh<br />

should be granted autonomy together. The counter argument that has been used by other groups,<br />

e.g Tharus, against Madheshi parties is that if granted ‘one Madhesh, one Pradesh’, it would be<br />

used as a political leverage <strong>of</strong> ethnic <strong>Madheshis</strong> over other groups and indigenous nationalities in<br />

the Tarai. Thus Thakur’s response was initially worrying. However, when I questioned the<br />

feasibility <strong>of</strong> administratively implementing a single federal unit <strong>of</strong> Madhesh due to my own lack<br />

<strong>of</strong> <strong>for</strong>esight on such an arrangement, Thakur conveyed that he shared my sentiments. What this<br />

meant was that leaders <strong>of</strong> Madheshi parties like TMLP, were well aware <strong>of</strong> the infeasibility <strong>of</strong> a<br />

“one Madhesh, one Pradesh.” So why then still demand and disrupt CA proceedings <strong>for</strong> it?<br />

Amresh Kumar Singh explained to me that there lies a anticipation amongst Madheshi leaders<br />

that preliminary agreements made regarding demands may not be followed through in the CA<br />

sessions. Thus, the disruption <strong>of</strong> CA session was used critically as a <strong>for</strong>m <strong>of</strong> political leverage to<br />

push <strong>for</strong> constitutional change – which many <strong>Madheshis</strong> see as the basis <strong>of</strong> change <strong>for</strong> a better<br />

future in new Nepal.<br />

7. Two Fundamental problems with constitutional demands<br />

In the weeks after the 28 th <strong>of</strong> May 2008 when the first Constituent Assembly session was<br />

chaired, Madheshi parties such as the MJF had disrupted CA proceedings up to seven times<br />

22


ecause they felt that their demands <strong>for</strong> <strong>Madheshis</strong> were not met 35 . The MJF led by Upendra<br />

Yadav had reached a historic 22 point agreement with the Interim Government Talks Team on<br />

the 30 th <strong>of</strong> August, 2007. However, when the Constituent Assembly had yet to grant them<br />

autonomy <strong>for</strong> the region <strong>of</strong> Madhesh or address issues <strong>of</strong> institutional re<strong>for</strong>m in military and civil<br />

service, members <strong>of</strong> the three Madhesh-based parties began to frequently disrupt CA sessions in<br />

a bid to pressure the government to include the points <strong>of</strong> agreement in the fifth constitution<br />

amendment proposal 36 . There were two primary demands that the Madhesh-based parties were<br />

unwilling to compromise on. The first demand was <strong>for</strong> an ‘Autonomous Madhesh Province.’ The<br />

second demand was <strong>for</strong> ‘group entry’ into the Nepalese Army 37<br />

.<br />

Autonomy <strong>for</strong> “One Madhesh, One Pradesh”<br />

The slogan <strong>for</strong> ‘One Madhesh, One Pradesh’ was rolled over by the MJF, TMLP and SP<br />

from the Madheshi Movement <strong>of</strong> 2007. It had worked extremely well be<strong>for</strong>e in uniting the<br />

inhabitants <strong>of</strong> Madheshi to stand up and demand <strong>for</strong> their constitutional rights. The use <strong>of</strong> this<br />

same slogan in instilling demands upon the CA however, has been a fundamental point <strong>of</strong><br />

contention <strong>for</strong> non-ethnic Madheshi and indigenous nationalities who also share the Tarai. The<br />

Tharus <strong>for</strong> example have actively rejected the label Madheshi as a source <strong>of</strong> identity and base<br />

very much <strong>of</strong> their argument on the fact that Tharu communities have been present in Tarai even<br />

be<strong>for</strong>e the arrival <strong>of</strong> ‘Indian-origin’ <strong>Madheshis</strong>. 38<br />

This has caused considerable reaction and<br />

apprehension from communities like the Tharus who have in turn, taken to the streets and even<br />

clashed with security personnel’s in a bid to establish a different identity from MJF, TMLP and<br />

SP’s definition <strong>of</strong> a Madheshi. Thus the political demand <strong>of</strong> one Madhesh must be looked upon<br />

as a bargaining chip as Singh and Thakur had explained to me.<br />

The second demand that was to be incorporated into the new constitution was <strong>for</strong> the<br />

provision <strong>of</strong> <strong>Madheshis</strong> entrance into the Army. I asked Mr Mahanta Thakur what good was it if<br />

<strong>Madheshis</strong> were recruited into the army but only in the lowest ranks where the practice <strong>of</strong><br />

discrimination, if any had existed, would have technically been institutionalised discrimination.<br />

The answer to this problem <strong>for</strong> me lay in institutional re<strong>for</strong>m, no matter how large scale. For<br />

Mahanta Thakur, he say the solution in the <strong>for</strong>m <strong>of</strong> ‘group entry into the army.” By this, the<br />

TMLP leader meant entry at various levels <strong>of</strong> the bureaucratic institution.<br />

35 Nepali CA meeting disrupted <strong>for</strong> 7th time<br />

36 Newsreport from Ekantipur, “Madhesi lawmakers obstruct CA proceedings, next meet Sunday”<br />

37 The two pressing demands dominated Madheshi parties agenda <strong>for</strong> most <strong>of</strong> the time I was in Nepal.<br />

“Terai districts shut down in protest against 'one Madhesh' demand”<br />

38 “Protesting Tharu activists clash with police” from Nepal News available at<br />

http://www.nepalnews.com.np/archive/2008/jul/jul05/news07.php (retrieved on 15th August 2008)<br />

23


“Proportional representation in political science is just a technical term. What it translates<br />

into in reality is proportional appointment and recruitment into the army <strong>for</strong> <strong>Madheshis</strong>.” 39<br />

One <strong>of</strong> the biggest hurdles <strong>of</strong> such an arrangement is the feasibility <strong>of</strong> recruiting and<br />

promoting <strong>of</strong>ficers to considerably high positions on the basis <strong>of</strong> affirmative action <strong>for</strong> a selected<br />

ethnicity. Institutional re<strong>for</strong>ms must be done at a credible and sensible level which, in this case,<br />

should be aimed at incorporating more members <strong>of</strong> a marginalised community into the<br />

establishment. These re<strong>for</strong>ms take time to produce credible results. Short-term solutions such as<br />

the appointment <strong>of</strong> a Madheshi general overnight will not have lasting effects if the institution<br />

operates as how it has been operating <strong>for</strong> decades.<br />

8. Geopolitical Realities <strong>of</strong> Nepal and Madhesh<br />

Source: Pitambar Sharma (2008) Unraveling the Mosaic: Spatial aspects <strong>of</strong> ethnicity<br />

The map found above as drafted by Sharma (2008) gives an overview <strong>of</strong> the<br />

physiographical landscape <strong>of</strong> Nepal. Deeper reading <strong>of</strong> the geographical implications <strong>of</strong> Tarai<br />

paints another picture <strong>of</strong> geopolitical realities that exists <strong>for</strong> both inhabitants <strong>of</strong> Tarai and the rest<br />

<strong>of</strong> Nepal. Though the combined land area <strong>of</strong> what Sharma terms ‘Tarai’ (in grey) and ‘Bhitri<br />

Madhes’ (orange) <strong>for</strong>m about 27% <strong>of</strong> the total land area in Nepal 40<br />

, it constitutes a very large<br />

39<br />

Interview with Mr Mahanta Thakur (17 July 2008), Kathmandu<br />

40<br />

For this set <strong>of</strong> in<strong>for</strong>mation I sought a non-political figures since governmental statistics on such<br />

definitions are known to be less than accurate. See Study done by Royal Botanic Gardens Edinburgh,<br />

“Physiography and Climate <strong>of</strong> Nepal” available at http://rbgweb2.rbge.org.uk/nepal/frames.html?climate.html<br />

(retrieved on 15 th August 2008)<br />

24


portion <strong>of</strong> arable land in Nepal. The ‘Tarai’ (area in grey) according to Sharma’s definition<br />

makes 14% <strong>of</strong> Nepal’s land area but contains about 42% <strong>of</strong> the total cultivated land in the<br />

country 41<br />

.<br />

Political rhetoric amongst Tarai or Madhesh- based parties has <strong>of</strong>ten been manipulated to<br />

emphasise their cause. The land area <strong>of</strong> Tarai is <strong>of</strong>ten quoted as 27% when referring to the<br />

proportion <strong>of</strong> people in Tarai as compared to the rest <strong>of</strong> Nepal. Yet, talk <strong>of</strong> cultural and<br />

physiographical markers <strong>of</strong> identity <strong>of</strong>ten distinctly excludes the Siwalik region as part <strong>of</strong> Tarai<br />

when politicians clarify the region they claim to represent.<br />

The movement <strong>for</strong> autonomy in Madhesh is echoed amongst many ethnic communities,<br />

however, along separate lines. The Tharus, Limbus, Rais, Tamangs and many more had<br />

bandwagon along with the 2007 Madheshi movement but now mobilise on their own terms and<br />

lines <strong>of</strong> identity. With over sixty different ethnicities in Tarai alone, it is difficult to identify any<br />

explicit signs <strong>of</strong> unity amongst different Tarai communities at present. Thus, the <strong>for</strong>mula <strong>for</strong><br />

federalism is a very difficult one to concoct.<br />

Madhesh is also largely important to if not the backbone <strong>of</strong> Nepal’s economy. According<br />

to estimates based on the Rastra Bank's figures, by the 1970s, 63 percent <strong>of</strong> the Nepal's gross<br />

domestic product (GDP) came from the tarai. 42<br />

Today Tarai contributes over 2/3 <strong>of</strong> Nepal’s<br />

GDP. Geopolitically, districts enroute to Kathmandu from India, have the power <strong>of</strong> economic<br />

blockade. <strong>Madheshis</strong> who inhabit these regions understand Bandhs as one <strong>of</strong> the most effective<br />

way to disrupt life in Kathmandu <strong>for</strong> a chance to pursue political, economic or social demands<br />

with the central administration in centralised Kathmandu. In my interview with Bhim Prasad<br />

Bhurtel, he had brought my attention to the Madheshi-party leadership blocks between Parsa to<br />

Saptari. This would imply the political leverage Madhesi-based parties - MJF, TMLP, SP- would<br />

effectively have over Kathmandu politics from the power <strong>of</strong> economic blockade and<br />

strangulation. Food, fuel and energy security remains high on the list <strong>of</strong> issues persecuting not<br />

only Kathmandu but also the rest <strong>of</strong> Nepal. Madheshi-led economic blockade has and will<br />

continue to be detrimental to the rest <strong>of</strong> Nepal.<br />

Another geopolitical reality stems from the fact that Nepal shares a 1868 km open border<br />

with five Indian states; Uttar Pradesh, Bihar, Sikkim, West Bengal and Uttaranchal. While this<br />

explains a lot <strong>of</strong> the cultural similarities <strong>of</strong> ethnic <strong>Madheshis</strong> with communities across the<br />

border, it also presents border and regional security issues. According to Indian Defence<br />

Attachee I met in Kathmandu, smuggling remains one <strong>of</strong> the biggest security issues along the<br />

41 ibid, p. 2<br />

42 Nepal Rastriya Bank Economic Report 2000/2001.<br />

25


order. 43<br />

There are many security threat perceptions regarding India’s perceived interest in<br />

Tarai’s industrial sector especially in the last four years. Because <strong>of</strong> word limitations <strong>of</strong> this<br />

paper, I will not go into the issue <strong>of</strong> Indian activity – whether by state <strong>of</strong> by individuals - in the<br />

Tarai. However it is useful to keep in mind the continued doubts about Indian interest in Tarai<br />

and the perceived (sometimes speculative) level <strong>of</strong> involvement <strong>of</strong> non-state actors in provoking<br />

reactions from the communities inhabiting Tarai.<br />

9. Conclusions<br />

This paper has explored the underlying points <strong>of</strong> contention behind issues <strong>of</strong> identity,<br />

rights and representation in Madhesh or Tarai. While it does not aim to propose absolute answers<br />

to these questions <strong>of</strong> identity. It explains the different schools <strong>of</strong> definitions and show how<br />

politics surrounding the Madheshi movement has been played out according to these different<br />

definitions. Moving beyond the issue <strong>of</strong> terminologies, one thing is <strong>for</strong> sure, Madhesh is nonmonolithic.<br />

This means that slogans <strong>for</strong> ‘one Madhesh’ cannot remain effective in this leg <strong>of</strong><br />

democratisation. The Madheshi movement <strong>of</strong> 2007 mobilised participants based on the common<br />

identity <strong>of</strong> marginalisation by the Nepali state. While the groups that partook in the movement<br />

continue in their struggle <strong>for</strong> rights and self-determination, Madheshi parties like the MJF,<br />

TMLP and SP cannot continue to claim they champion a monolithic agenda. A glance back at<br />

the number <strong>of</strong> Tarai seats won would show Maoist not far behind at 42 out <strong>of</strong> 116 seats.<br />

Many scholars and politicians alike are looking toward federalism as a solution <strong>for</strong> the<br />

new democratic republic <strong>of</strong> Nepal. How these federal units will be determined is still to be<br />

determined. However, one thing <strong>for</strong> certain is that the position <strong>of</strong> <strong>Madheshis</strong> (and other<br />

inhabitants <strong>of</strong> Tarai who do not want to be known as Madheshi) must remain mapped on the<br />

political agenda <strong>of</strong> the State. The issue <strong>of</strong> rights and representation <strong>of</strong> <strong>Madheshis</strong> will continue to<br />

be placed on the table as an agenda and marker <strong>of</strong> credibility <strong>for</strong> parties bidding to prove their<br />

effectiveness and sincerity. Political parties recognise the political leverage they hold in national<br />

politics. This is especially pertinent to select Madheshi Parties (MJF,TMLP, SP) geopolitically<br />

because <strong>of</strong> the power <strong>of</strong> economic blockade <strong>of</strong> from India and Terai to Kathmandu and other<br />

parts <strong>of</strong> Nepal. Parties have learnt from this by 1) including considerable percentage <strong>of</strong><br />

<strong>Madheshis</strong> in representation <strong>for</strong> the Constituent Elections in April 2008, 2) the filing <strong>of</strong> 3 ethnic–<br />

<strong>Madheshis</strong> as presidential candidates <strong>for</strong> the nomination <strong>of</strong> President in July this year 44<br />

and 3)<br />

the vice-president nominated is also an ethnic Madheshi. Thus all parties have recognised the<br />

importance <strong>of</strong> playing the ethnic card <strong>for</strong> the moment. What is more significant is whether this<br />

trend and recognition <strong>of</strong> <strong>Madheshis</strong> is one <strong>of</strong>f or here to stay. In my opinion, the Madheshi<br />

43<br />

This includes narcotics and people. Many Pahadis are known to have been abducted and kidnapped<br />

by criminal groups that smuggle them in and out if Nepal across the open border.<br />

44<br />

The candidates were all ethnic <strong>Madheshis</strong> - Ramraja Prasad Singh, Dr Ram Baran Yadav (Nepali<br />

Congress) and Ram Preet Paswan (UML)<br />

26


agenda can no longer be brushed aside because <strong>of</strong> the potential repercussions that may be<br />

inflicted upon the rest <strong>of</strong> Nepal is there is no peace in Madhesh. In future, mainstream parties<br />

must continue to include the plight <strong>of</strong> <strong>Madheshis</strong> into their manifestos if they want to maintain a<br />

strong and credible support base. Hence<strong>for</strong>th, the politics <strong>of</strong> minority rights and identity will be<br />

part and parcel <strong>of</strong> Nepalese Politics.<br />

Last but not least, though the three main Madheshi parties cannot claim to champion the<br />

rights <strong>of</strong> everyone living in Tarai, the MJF undoubtedly holds the most number <strong>of</strong> seats in the<br />

CA representing Tarai. Thus while the MJF has one <strong>of</strong> the most say amongst Madheshi groups<br />

from the Tarai, mainstream parties will continue to include Madheshi into their parties and<br />

pursue the Tarai voter. The Moaist have to some extent achieved this with 36.2% <strong>of</strong> the seats.<br />

This trend will continue to surface in the future <strong>of</strong> Nepali politics, hopefully contributing to a<br />

more inclusive democratic Nepal not too far into the future.<br />

27


Selected Bibliography<br />

Primary Sources<br />

Nepal Living Standards, Survey 2003/04 , Statistical report, Volume 2, Central Bureau <strong>of</strong><br />

Statistics , National Planning Commission Secretariat, His Majesty’s Government <strong>of</strong> Nepal,<br />

December 2004, Thapathali Kathmandu<br />

“Population Monograph <strong>of</strong> Nepal”, Volume I & II, His Majesty’s Government <strong>of</strong> Nepal,<br />

National Planning Commission Secretariat, Central Bureau <strong>of</strong> Statistics Ramshah Paths,<br />

Kathmandu, Nepal 2003<br />

“Eight Point Agreement”, Mr Dev Prasad Gurung, Member <strong>of</strong> Maoist Talks team and Central<br />

Committee Member, Communist Party <strong>of</strong> Nepal (Maoist), 10 th July 2006.<br />

Reports on “Constituent Assembly Election Results Overview,” “Partywise Fulfillment <strong>of</strong><br />

Proportional Representation Quota Mandates,” “CA Members Selected by Proportional<br />

Representation” from Nepal Elections Portal available online at www.nepalelectionportal.org.<br />

(retrieved on 15 th July 2008)<br />

Interviews<br />

Lt Gen (retd) Sadip Bahadur Shah, Colonel Commandant; Bhairab Nath Parachute Regiment,<br />

Royal Nepalese Army, 7 th July 2008, Leknath Marg, Kathmandu<br />

Col. Manmohan Singh Dhanoa, Indian Defence Attachee, Defence Wing <strong>of</strong> Indian Embassy in<br />

Kathmandu, 8 th July 2008, Leknath Marg, Kathmandu<br />

Mr Deepak Thapa, Journalist and Author, Social Science Baha, Himal Association, 11 th July<br />

2008, Battisputali, Kathmandu<br />

Pr<strong>of</strong>essor Lok Raj Baral, Pr<strong>of</strong>essor and Executive Chairman (NCCS), Nepal Centre <strong>for</strong><br />

Contemporary <strong>Studies</strong> , 10 th July 2008, Sanepa, Lalitpur<br />

Mr Dev Raj Dahal, Head <strong>of</strong> FES Nepal, Frederich Ebert Stiftung (I/NGO), 10 th July 2008,<br />

Sanepa, Lalitpur<br />

Dr. Om Gurung, Chief Advisor & Director, Nepal Federation <strong>of</strong> Indigenous Nationalities<br />

(NEFIN), 17 th July 2008, Dhobighat, Lalitpur<br />

Mr. Bhim Prasad Bhurtel, Executive Director , Nepal <strong>South</strong> <strong>Asian</strong> Centre (NESAC) 15 th July<br />

2008, Singha Durbar, Kathmandu<br />

Mr Nischal Pandey, Former Executive Director <strong>of</strong> <strong>Institute</strong> <strong>of</strong> Foreign Affairs, Lecturer at<br />

Department <strong>of</strong> Conflict, Peace and Development <strong>Studies</strong>, Tribhuvan University, 6 th July 2008,<br />

Kathmandu, Nepal<br />

28


Mr. Bhaskar Gautham, Research Associate, Editor <strong>of</strong> Madhesh Bidrohako Nalibeli
 (Details <strong>of</strong><br />

Madhesh Revolt), Martin Chautari Research <strong>Institute</strong>, 18 th July 2008, Kathmandu, Nepal<br />

Dr Francis Lim, Associate Pr<strong>of</strong>essor <strong>of</strong> Sociology, School <strong>of</strong> Arts and Social Sciences, Nanyang<br />

Technological University, 4 th July 2008, Singapore<br />

Mr. Mahanta Thakur, Former Minister <strong>of</strong> Science and Technology, Leader <strong>of</strong> Terai Madhesh<br />

Loktantrik Party, 17t July 2008, Kathmandu, Nepal<br />

Mr. Amresh Kumar Singh, Member <strong>of</strong> Parliament & Madhesi Janadikar Forum Activist, MP <strong>of</strong><br />

Nepali Congress, 9 th July 2008, Durbar Marg, Kathmandu<br />

Mr Lila Prasad Lochani, Former Managing Director <strong>of</strong> Biratnagar Jute Mills, Biratnagar Jute<br />

Mills, 12 th July 2008, Pani Tanki Tampini, Biratnagar<br />

Dr. Rhoderick Chalmers, Senior Analyst; 
 <strong>South</strong> Asia Deputy Project Director; Country<br />

Director, International Crisis Group, 18 th July 2008, Sanepa, Lalitpur<br />

Mr. John Bevan, Former Director <strong>of</strong> UN Civil Affairs Team, UNMIN advisor, United Nations<br />

Mission in Nepal (UNMIN), 16 th July 2008, Patan, Kathmandu Valley<br />

Mr. Frederick Rawski, Head <strong>of</strong> Eastern Regional Office, Office <strong>of</strong> High Commission <strong>for</strong> Human<br />

Rights (Biratnagar), 13 th July 2008, Biratnagar.<br />

Mr. Sebastian von Einsiedel, Political Affairs Officer, United Nations Mission in Nepal<br />

(UNMIN), 9 th July 2008, New Baneshwor, Kathmandu.<br />

Mr Kanak Mani Dixit, Editor, Himal <strong>South</strong> Asia Magazine, 16 th July 2008, Patan Dhoka,<br />

Kathmandu<br />

Mr. Dipendra Jha, Journalist and Coordinator <strong>of</strong> Dialogue Group <strong>for</strong> Constituent Assembly, 16 th<br />

July 2008, Patan Dhoka, Kathmandu<br />

Mr. Briji Kumar Yadav, Editor, Today Group, Janakpur Today / Radio Today 91 Mhz, 17 th July<br />

2008, Media Village, Kathmandu<br />

Mr. Dharmendra Jha, President, Federation <strong>of</strong> Nepali Journalists, 17 th July 2008, Media Village,<br />

Kathmandu<br />

Mr. Sharad Raj Gautam, Executive Member, Federation <strong>of</strong> Nepali Journalists, 17 th July 2008,<br />

Media Village, Kathmandu<br />

Ms. Ganga Baral, Journalist, <strong>South</strong> <strong>Asian</strong> Free Media Association, 15 th July 2008, Singha<br />

Durbar, Kathmandu<br />

29


Books/ Journals<br />

Anderson, Benedict (2006) in Imagined Communities: reflections on the origin and spread <strong>of</strong><br />

nationalism (London; Verso) Ch 1<br />

Baral. Lok Raj (2006) Nepal: Quest <strong>for</strong> participatory democracy “Participatory<br />

<strong>Democracy</strong>:Concept and Context” pp. 11-33 (Adroit; New Delhi)<br />

Baral, Lok Raj (2006) Opposition Politics in Nepal “ Some observations and recent<br />

developments” pp. 239-249 (Himal books; Patan Dhoka)<br />

Bhattachan, Krishna B. (2003) in “Expected Model & Process <strong>of</strong> <strong>Inclusive</strong> <strong>Democracy</strong> in<br />

Nepal”, Paper presented in an international seminar on The Agenda <strong>of</strong> Trans<strong>for</strong>mation: Inclusion<br />

in Nepali democracy organised by the Social Science Baha<br />

Bhattachan, Krishna B. (2003) “Expected model and process <strong>of</strong> <strong>Inclusive</strong> <strong>Democracy</strong> in Nepal”<br />

Paper presented in an international seminar on The Agenda <strong>of</strong> Trans<strong>for</strong>mation: Inclusion in<br />

Nepali organised by the Social Science Baha at Birendra International Convention Centre in<br />

Kathmandu, (24-26 April, 2003)<br />

Hachhethu, Krishna (2007) Madheshi Nationalism and Restructuring the Nepali State Paper<br />

presented at international seminar on “Constitutionalism and diversity in Nepal” organised by<br />

Centre <strong>for</strong> Nepal and <strong>Asian</strong> <strong>Studies</strong> TU 22-24 August 2007, Kathmandu Nepal<br />

Hacchethu, Krishna (2003) “<strong>Democracy</strong> and nationalism; interface between state and ethnicity in<br />

Nepal”, Contributions to Nepalese <strong>Studies</strong> by Research Centre <strong>for</strong> Nepal and <strong>Asian</strong> <strong>Studies</strong> (1<br />

July 2003)<br />

Karna, Vijay Kanta (2007) “Madheshi and Madheshi: A geographical and Historic Perspective”<br />

(google)<br />

Kumar, Vivaswan, (2008) “Madhesh/Terai and Tharus /<strong>Madheshis</strong>: Nepal’s New Frontier <strong>of</strong><br />

Etynopolitics” article in Telegraph Nepal. 27 March 2008<br />

Lawoti, Mahendra (2002) Non-governmental report <strong>for</strong> the Third World Conference Agianst<br />

Racism (WCAR)- 2001 “Racial Discrimination toward the indigenous peoples in Nepal”<br />

Lawoti, Mahendra (2003) Nepal Tomorrow: Voice and Visions, D.B.Gurung (ed) “Managing<br />

conflicts between society and state” pp. 63-85 (Koselee Books: Kathmandu)<br />

Rakesh, Ram Dayal (2007) Murder in Madhesh “Opinions <strong>of</strong> different leaders” “Writers on<br />

Madheshi Movement” “Madheshi’s Weakness” pp. 33-36, 67-79, 129-136 (Safari Nepal; New<br />

Baneshwor)<br />

30


Routledge Encyclopedia <strong>of</strong> International Political Economy, (2001) R.J. Barry Jones (ed.), ,<br />

(Routeledge; UK) pp. 732-733.<br />

The New Encyclopedia Britannica, (1994), (Chicago; Encyclopedia Britannica)<br />

Shah, Shree Govind (2007) Peaceful Resolution <strong>of</strong> Ethnopolitical Movement in Nepal Madhesh<br />

Shah, Shree Govind (2006) Social Inclusion <strong>of</strong> Madheshi Community in Nation Building , Civil<br />

Society Forum Workshop <strong>for</strong> Research Programme on Social Inclusion and Nation building in<br />

Nepal organised by Social Inclusion research Fund (June 2006)<br />

Shah, Shree Govind (2007) Dialogue <strong>for</strong> Peaceful Resolution <strong>of</strong> Madheshi Movement (3<br />

Feb2007)<br />

Sharma, Pitamber (2008) Unravelling the Mosaic: Spatial aspects <strong>of</strong> ethnicity in Nepal “The<br />

ethnic Context <strong>of</strong> Contemporary Nepal” pp. 1-10 ( Himal Books; Patan Dhoka)<br />

Sharma, Jagadish (2007) The <strong>Inclusive</strong> State: Reflections on Reinventing Nepal, Anand Aditya<br />

(ed) “The inclusive state: Reinventing Nepal” pp. 199 – 202 (SAP-Publishing House:<br />

Kathmandu)<br />

Singh, Amresh Kumar (2004) Restructuring <strong>of</strong> Nepal State: A Madheshi Perspectiveby Nepal<br />

Centre <strong>for</strong> Contemporary <strong>Studies</strong> (NCCS; Sanepa)<br />

Yadav, Ram Prakash (2007) From Exclusion to Inclusion: Socio-Political Agenda <strong>for</strong> Nepal “<br />

Caste/Ethnicity representative in his majesty’s government at policy level in Nepal” pp. 95-124<br />

(Social Inclusion Research Fund; NCCS; Lalitpur)<br />

31

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