The ruling Rastriya Swatantra Party, which held its first general convention last week, has been found to have distributed party membership to more than 35,000 minors in violation of prevailing laws.
According to the organizational report presented during the closed session of the general convention by the party's outgoing general secretary, Kabindra Burlakoti, the RSP granted party membership to 35,257 individuals under the age of 18.
This figure represents 6.7 percent of the party's total members.
The statistics on party membership suggest that despite campaigning against what it described as the political culture of turning children into "bag-carrying cadres" by distributing memberships to minors, and despite pledging to eliminate such malpractices in politics, the RSP has failed to put those commitments into practice.
By enrolling individuals under 18 as party members, the RSP has also flouted the law.
Both the Political Parties Act and the Children's Act strictly prohibit making children members of political parties or using them for political purposes.
Section 14(2) of the Political Parties Act, 2016, stipulates that only Nepali citizens who have attained the age of 18 are eligible to become members of a political party.
Similarly, Section 7(7) of the Children's Act, 2018, states that no child may be directly or indirectly used in armed conflicts or for political purposes.
The law states: "No child shall be recruited into the army, police, or armed groups, nor be directly or indirectly used in armed conflicts or for political purposes."*
While the Constitution of Nepal and the United Nations Convention on the Rights of the Child guarantee children under 18 the right to form and join organizations for the protection of their interests, they do not explicitly grant them the right to join political parties.
Furthermore, individuals under the age of 18 are prohibited from voting in elections in Nepal. In this context, the RSP's decision to issue party memberships to minors directly contradicts the law, as it allows membership to an age group legally ineligible to vote.
The membership distribution also appears inconsistent with a decision taken by its own government.
It is highly contradictory that the ruling party itself has distributed memberships to children under the age of 18 while the government has moved to restrict activities of Free Student Unions at universities, arguing that students should not engage in politics.
‘Against the best interests of children’
Advocate Sharmila Shrestha, who works in the field of women's and children's rights, said that granting party membership to children is wrong both legally and practically.
“Our law prohibits making children members of political parties,” Shrestha told Setopati. “Children under 18 are not yet mature enough to make independent decisions about their own or surrounding activities. Since their analytical and decision-making capacities are still developing, the law requires guardians to make decisions on their behalf.”
According to Shrestha, involving children in political parties under such circumstances is contrary to their best interests.
Opposition raises issue in Parliament
The issue of the RSP enrolling minors as members in violation of the law was also raised during Sunday's meeting of the House of Representatives.
Opposition lawmakers strongly objected to the matter.
Speaking in Parliament, Renuka Kauncha of the main opposition Nepali Congress said that the RSP had enrolled 35,257 individuals under the age of 18 as party members.
“This statistic, which has been formally announced, has drawn the attention of the Congress," she said.
"Such an act carries a fine of up to Rs 80,000 and three years' imprisonment. Does this provision not apply to the RSP?" she questioned. "Or is the RSP above the Constitution?"
Kauncha remarked that while the government is preparing to scrap student organizations, including Free Student Unions, on the grounds that students should not engage in politics, it has "enrolled children as members in its own party."
"Is it appropriate to make young students carry the party's bag?" she asked.
Issuing a statement on Saturday, the Nepali Congress has already made it clear that no political party should grant membership to children.
In a statement issued by the party's subcommittee on child rights, the Nepali Congress said: "The Constitution of Nepal, the Political Parties Act, and the Children's Act clearly stipulate that a person must have completed at least 18 years of age to become a member of a political party. The United Nations Convention on the Rights of the Child, to which Nepal is a state party, and universally established principles related to child rights also require that children be protected from political and partisan interests and misuse, while guaranteeing their right to a natural childhood, protection, and safe education."
The statement further said: "It is a shared duty and responsibility of both the government and the opposition to comply with and protect these laws and conventions. It is necessary to remember that if any political party enrolls children as members against these laws and conventions, it seriously damages that party’s image within the country and Nepal's image on the international stage. The fact that the membership records of the party, to which the prime minister is affiliated, appear to violate the Constitution, laws, and the convention on children is not only unfortunate, but also objectionable and shameful. In this context, we expect a public response from the prime minister, along with willingness to enforce the law."
What does the RSP say?
Setopati spoke with Shankar Shrestha, former secretary of the RSP's organization department, regarding the issue.
He said that the presence of members under 18 in the records was merely a technical error.
According to him, the RSP has no policy of enrolling children as party members.
When asked why children were enrolled as party members, he said: "Some dates were entered in English while filling out online forms. When those dates were converted to Nepali, the age appeared slightly lower, which created this discrepancy."
“We do not grant membership without a citizenship certificate,” he added. “It is not our policy to make children party members. Unlike other parties, we have not even formed a children’s organization.”
