The Supreme Court has ordered the government to not use the term “people's war” in government work.
A bench of Chief Justice Prakash Man Singh Raut and Justices Sapana Pradhan Malla, Kumar Regmi, and Hari Phuyal has ruled that the term 'people's war' is contrary to the Preamble and Article 42 (5) of the Constitution.
The Preamble of the Constitution uses the term “armed struggle” to refer to the decade-long period of Maoist insurgency.
Similarly, Article 42 (5) says, “The families of the martyrs who have sacrificed their life, and of the disappeared persons and those who became disabled and injured in all people's movements, armed struggles and revolutions that have been carried out for progressive democratic changes in Nepal, democracy fighters, conflict victims and displaced ones, persons with disabilities, the injured and victims shall have the right to get a prioritized opportunity, with justice and due respect, in education, health, employment, housing and social security, in accordance with law.”
The government had been using the term “armed struggle” in government work in accordance with the Constitution.
After CPN (Maoist Center) Chairman Pushpa Kamal Dahal became prime minister, a Cabinet meeting held on February 12, 2023, decided to observe “People’s War Day” on Phalgun 1 according to the Nepali calendar.
A petition was filed against the then government’s decision to observe “People's War Day”. Hearing the petition, the Supreme Court revoked the government’s decision.
Advocate Gyanendra Aran filed another petition after the federal and Madhes governments used the term “people’s war” in the budget for the current fiscal year. Responding to the petition, the apex court has issued an order to not use the term “people's war” in government work.
