Learning From South Asia: Advancing Electoral Inclusivity for Persons With Disabilities in Nepal

Author: Jalasa Sapkota
Published: 2024/09/16 - Updated: 2024/09/30
Publication Type: Opinion Piece, Editorial
Topic: Disability Accessibility - Publications List

Page Content: Synopsis Introduction Main

Synopsis: This article explores the practical challenges faced by persons with disabilities in Nepal in exercising their fundamental right to vote, despite existing constitutional and legal provisions aimed at promoting inclusivity.

Why it matters: Nepal's Rights of Persons with Disabilities Act (2017) election laws mandate separate queues for voters with disabilities and assistance from polling officers or family members when voting. However, these laws fall short in practical implementation, and key provisions related to persons with disabilities still restrict their right to vote by categorizing them as of "unsound mind" - Disabled World (DW).

Introduction

The international legal framework guarantees persons with disabilities the same rights as their able-bodied counterparts, but practical implementation remains challenging. In Nepal, despite constitutional and legal provisions aimed at promoting inclusivity, persons with disabilities continue to face significant social, legal, and practical barriers to exercising one of their fundamental rights: the right to vote.

Main Item

Legal Framework: A Promising but Incomplete Foundation

The United Nations Convention on the Rights of Persons with Disabilities (CRPD), particularly Article 29, establishes the right of persons with disabilities to participate fully in public and political life. It mandates that voting procedures, facilities, and materials must be accessible to ensure their effective participation. Similarly, Nepal's Constitution (2015), under Article 42(1), enshrines the right of persons with disabilities to participate in state bodies based on the principle of inclusion.

Moreover, Nepal's Rights of Persons with Disabilities Act (2017) provides a legal basis for ensuring equal electoral participation. Section 11 explicitly states that persons with disabilities have the right to be candidates and cast votes in a fearless environment. Additionally, election laws mandate separate queues for voters with disabilities and assistance from polling officers or family members in casting their votes. However, these laws fall short in practical implementation, and key provisions related to persons with intellectual and psychosocial disabilities still restrict their right to vote by categorizing them as of "unsound mind."

Current Electoral Inclusivity in Nepal

According to the Election Access Report conducted by the Blind Youth Association Nepal (BYAN), while some positive strides have been made, significant gaps remain.

Positive Aspects:

Negative Aspects:

Regional Best Practices: Learning from South Asia

Nepal can draw valuable lessons from neighboring countries like Sri Lanka, Pakistan, and India, which have implemented various initiatives to make elections more inclusive.

Sri Lanka:

Pakistan:

India:

These countries also focus on ensuring that poll workers are trained in disability inclusion, that voter information is available in accessible formats, and that persons with disabilities are provided appropriate assistance throughout the voting process.

Recommendations for Nepal

Building on international best practices, Nepal must take significant steps to ensure its electoral process is fully inclusive and accessible:

Conclusion

In summary, while Nepal's legal framework for disability rights promises inclusion and equality, the practical realities of electoral accessibility reveal significant deficiencies that undermine these ideals. Gaps in implementation, combined with persistent physical, informational, and procedural barriers, highlight the disparity between legal promises and lived experiences. Regional best practices in South Asia offer a clear path forward for Nepal to enhance electoral inclusivity. Addressing these gaps is urgent and imperative. Nepal must act decisively to ensure that the right to vote becomes a reality for all its citizens, truly reflecting the spirit of inclusivity and justice enshrined in its laws and international commitments.

Author Credentials:
Jalasa Sapkota is a visually impaired writer, researcher, and advocate for disability inclusion. With a background as a former Research Assistant at Diverse Patterns Limited and now as a Resource Person for the International Council for Education of People with Visual Impairment's (ICEVI) Gender Equality and Women's Rights Task Group, she has dedicated her career to advancing the rights and opportunities of persons with disabilities. Visit for comprehensive insights into her background, expertise, and accomplishments.

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Citing Information and Page References

Disabled World (DW) is a comprehensive online resource providing information and news related to disabilities, assistive technologies, and accessibility. Founded in 2004 our website covers a wide range of topics, including disability rights, healthcare, education, employment, and independent living, with the goal of supporting the disability community and their families.

Cite This Page (APA): Sapkota, J. (2024, September 16 - Last revised: 2024, September 30). Learning From South Asia: Advancing Electoral Inclusivity for Persons With Disabilities in Nepal. Disabled World (DW). Retrieved February 7, 2025 from www.disabled-world.com/disability/accessibility/electoral-inclusivity.php

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