By Telegraph Nepal
Responding to a query by BBC
Nepali Service, June 6, 2012, the former Chief Justice and the main architect
of the constitution of 1990, Honorable Bishwa Nath Upadhyaya claims that with
the fall of the institution of monarchy, a sort of political vacuum prevailed
which at best resulted in political a deadlock and the present day Nepali
society, a fractured one, remains in a frustrated state.
Justice Upadhyaya, however,
claims that he is not in favor of revival of the 1990 constitution.
“Some people have begun accepting
that the institution of monarchy remained as a unifying factor between various
ethnic communities. With the fall of monarchy the present situation is there
for all to see. What say you”, Rabindra Mishra asks for BBC.
“Yes, indeed. It was a well
established institution. People had trust in that institution. With its fall a
sort of vacuum was created. We failed to fill in the vacuum. I am not a person
who is a royalist but I always believed that we should have created an
institution or we should have a political figure that people trusted like they
did to monarchy. We should have been very careful while doing away with the
institution,” replies Justice Upadhyaya.
“But there are also people- both
experts and common men who put entire blame on the institution of monarchy for
age old marginalization and discrimination of various ethnic and linguistic
communities”, Rabindra asks further.
Replies Upadhyaya, “These are not
based on facts. We should critically analyze the history of monarchy in Nepal. Let us
also see examples from countries elsewhere. I do not believe that the Shah
Kings of Nepal
had behaved unlawfully with the people compared to other countries. Indeed the
institution is a feudal one. For example Prithivi Narayan Shah came to
Kathmandu but he kept the cultural tradition of Kathmandu
intact. He used to take blessings from Goddess Kumari. He adopted Machindra
Nath. He went to observe Bhoto Jatra. I think no ruler has ever adopted the
tradition of the country he has won. I think we possess no moral to criticize
him.”
“You will be labeled as a
reactionary now,” reminds Mishra to justice Upadhyaya.
“This is what I am”, responds a
calm and cool Upadhyaya.
“Are you ready to be labeled with
the tag of a reactionary,” Mishra pokes further.
“Can they prove that from
Prithivi Naryan Shah to the present King they all exploited the population”,
questions a determined Upadhyaya.
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