Dr Pramod Kattel
These days the whole world is suffering from pandemic of Novel Corona virus (SARS-CoV-2). Not just a country but whole world and UN Specialized agency like WHO is focusing its role on mitigating the existing problem. Day to day cases of COVID-19 is on rise with huge number of death tolls. Nepal is not aloof from it. Government of Nepal is also making strategies to tackle the situation. To deal with the problems, health workers who are the front-liners of the war against Novel Corona needs logistic like Personal Protective Equipments (PPEs) on huge number. There is crisis of PPEs within the country due to lack of timely preparation. Neither the Health Secretary nor the Director General of Department of Health Services is Medical Personnel having special attention and vision towards it. Health had always being neglected which is justified by the number of doctors providing health service throughout the country in government sector just being about 1500 in number with hardly 1200 functioning actively. When talking about the national budget, merely 5% of national budget is provided for health sector which WHO based on Abuja Declaration 2001 recommends government to allocate 15% of their budgets to the health sector. This shows the attitude of government towards health and its preparation to combat the COVID-19, caused by highly contagious and infectious virus, Novel Corona. So there is dire need to bring the logistics from neighbor country China who is the major supplier of the same not only to Nepal but also to the whole world. The virus initially hit hard the country itself which it is gradually getting rid off but not completely.
During the course; there had been issues of other virus, namely Corruption Virus, on purchase of materials related to health. The incompetency of Ministry of Health and Population to buy health logistics has brought Nepali Army, whose primary response is defense, on front foot to do the task of procuring logistics. This has raised serious question regarding the capacity of people elected government on one hand and question of corruption on other hand. Since the corruption regulating body Commission for the Investigation of Abuse of Authority has no jurisdiction to see matters related to the Nepali Army, the embezzlement that may occur during the course cannot be checked so that the government is lured to provide economic transaction to the Nepali Army is thought off by many public. It is well known that at the time of transition and difficulties, the issue of corruption will be on rise.
The country is on state of lockdown since last 45 days. Just when the government needs to be focused on solving the existing challenge, Government of Nepal brought two Ordinances on 20th April 2020 to amend provisions of “Act relating to Political Parties, 2073” and “Constitutional Council Act, 2066”. This provision of Ordinance related to division of political parties amendment on Sec 33, 48, 52 and 53 is thought to bring political instability and increase foreign interference to break the parties and change the government ultimately weakening the government and the country. The amendment of other provisions of Sec 6 and 7 of procedures related to meeting of Constitutional Council by-passes the role of major opponent of the house which is even supposed to run the shadow government. The beauty of democratic constitution being the provision of major role to the ‘Leader of Opposition party in the House of Representatives’ as an important member of Constitutional Council. The provision of Ordinance is kept to facilitate the government at the time of crisis when the Houses are not running with provision of need of its approval within sixty days of a meeting of both Houses. The government sent the Ordinance for approval to the President of Nepal which she promulgated in no time and published in Nepal Gazette as well in Gorilla style. Why the provision of Ordinance is kept? What is the regular process? Is Ordinance a permanent measure or a friend at the time of difficulty? The President should have been thought off on the issues and above provisions. Previously when the issues of National importance used to be brought via Ordinance and sent to President for promulgation, it used to take more than normal time as expected even pending for months. This Presidential Virus also does not seem to be less harmful. The Constitution of Nepal assumed President of the Federal Republic of Nepal to be the Head of State whose main duty is to abide by the Constitution and act as the Guardian of it. She is considered as a rubber stamp but still has role of protecting the Constitution via different means. President is not just a person but an institute will full facilities and expertise. Any doubt that arises could be solved via legal advisors and even the view of Supreme Court could be seeked off which used to be done in past as well. This has raised a serious issue on the act and motive of the President. People are starting to raise the questions whether she is the Cadre of a Political Party or the Guardian of the Nation and Constitution. Though the President is made among the representative of political party, he/she leaves the membership of the party following his/her selection as a President. This implies that she should not represent any political party and be independent. She should in true sense be responsible towards People, Nation and the Constitution. Yes, she has no active role provided by the Constitution and she should follow the advice of the government but still she is a human being with the role designated to protect the Constitution. She has authority to ask the government is it really necessary? She could have taken time to analyze it and see if it was the right thing to do at this current situation of crisis that in going on through the whole world. She could have warned the government to act based on the Spirit of Constitution. Just a reasonable question for unreasonable act of government could have made the scenario different. It is also true that it is the right of government to forward the Ordinances to the President but when and for what purpose Ordinance are to be brought is also to be thought off. The act which she showed time and again, like holding the decision of appointing members of National Assembly by then previous government led by Sher Bahadur Deuba and accepting that of current government led by Khadga Prasad Oli, was questionable and the recent act of promulgating Ordinances in no time proved the doubt that she does not belong to state but just to a political party. Does not this act justify on those considering the Presidential Virus as one of the newly emerged threat to the Country.
Following the immense public pressure, pressure within the ruling party and the opponent party; the government has decided to withdraw the Ordinance but this virus gave birth to the next virus of political instability which the government itself at present is tussling with vigorously.
Does not it favors on those stating that Nepal have to face the effect of multiple deadly viruses of Novel Corona, Corruption, Presidential and Political instability at the same time?
-(Obstetrician and Gynaecologist at B.P. SMRITI Hospital, Basundhara, Kathmandu)