CONSTITUTIONAL NATIONALISM AND STRUCTURAL VIOLENCE: A STUDY ON MULUKI AIN AND CONSTITUTIONS OF NEPAL
Sanjeev Uprety & Bal Bahadur Thapa
The present study examines various constitutions of Nepal, the legal of code of the nation (Muluki Ain) as well as the literature on the Maoist insurgency to examine whether the marginalized communities justified their use of violence against the state and its institutions by arguing that violence is present in socio-political and legal domains of the nation. This paper engages itself with notions of structural violence developed by scholars such as Johan Galtung and Paul Farmer In order to foreground the inequality and exclusion embedded in the Muluki Ain and constitutions. Every succeeding constitution of Nepal has been more liberal than its predecessor with regard to the rights of women, lower castes and ethnic communities. Despite such liberalizations, however, structural inequalities remain (and new imbalances continue to appear) in the socio-political and economic domains, fuelling possibilities for future violence. While the Interim constitution 2007 was a big step towards a just society, even this constitution has not been free from the charges that constitutional law is still supporting some forms of structural violence, and social anxieties remain that the yet to be written new constitution may display still newer forms of structural violence.