Kathmandu. Rastriya Prajatantra Party (RPP) lawmaker Gyanendra Shahi has demanded that the draft of the draft brought by the government in the name of amending Article 49 of the Criminal Code-2074 BS was against the constitution and democratic norms and values.
Speaking at the meeting of the House of Representatives on Thursday, lawmaker Shahi claimed that the proposed legal framework would have serious impact on citizens’ freedom of expression, political pluralism and democratic rights.
According to him, although the constitution gives every citizen the right to express his views, dissent and criticize the government, there is a danger that the proposed draft could criminalize peaceful political dissent and even demands for constitution amendment.
“My serious attention has been drawn to the fact that in the name of amending Clause 49 of the Civil Code, 2074 BS, the draft has been forwarded in a way that clarifies the Constitution of Nepal and democratic norms and values,” he said. This is a topic that everyone needs to hear. The Constitution of Nepal has guaranteed freedom of opinion and expression to every citizen.
Article 17 of the constitution guarantees the fundamental right to freedom of opinion and expression of dissent. Article 169 and Article 270 guarantee political pluralism and political freedom. ’
Shahi said that the government was preparing to impose a jail term of up to 25 years by defining activities against the constitution or democratic republic as an offense against the state.
“An attempt has been made to make it an offence against the state by adding the words ‘acting, causing or using force’ against the Constitution of Nepal or the democratic republic in the draft which will create a situation where peaceful ideas, political dissent or even the demand for amendment of the constitution can be described as a crime,” he said. It is a direct attack on democratic practice and civil liberties. ’
He accused the government of trying to silence the people in the name of majority and said such laws would be an attempt to ‘strangle’ democracy.
Similarly, he claimed that the draft forwarded by the government could take the country away from the democratic path and towards autocracy.
“Drafts like this can go against this nation, democratic practices and values. Trying to suppress people’s voice by intimidating the law is not protecting democracy,” he said.
Stating that it was not a crime to have a difference of opinion on the issue of constitution amendment or governance, Shahi urged the government to scrap the proposed draft immediately.

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