Stakeholders Call for Stronger Recognition of Bhalmansa System in Sudurpaschim Bill

Dhangadhi: Stakeholders have offered suggestions to align the ‘Bhalmansa and Barghar Bill,’ drafted by the Sudurpaschim Provincial Government, with local traditions, culture, and practices.

During a discussion organized on Friday by the Social Development Committee of the Provincial Assembly, participants emphasized the need to grant legal recognition to the Bhalmansa system while preserving it and providing it with the necessary authority and resources.

It was suggested that the bill should incorporate the distinct practices of the Bhalmansa system prevalent among the Rana Tharu, Dangaura, and Kathariya communities. Participants noted that since the term ‘Bhalmansa’ is more widely used than ‘Barghar’ in Sudurpaschim, the bill should prioritize the locally prevalent terminology.

Nanda Lal Rana of the Rana Tharu community pointed out that while the Bhalmansa provides administrative leadership, the Padhana provides cultural leadership. Therefore, he said the role of the Padhana should also be included in the bill. Kamal Singh Rana suggested mentioning the ‘Bhuiya’ role associated with the Bhalmansa in the Rana Tharu community and incorporating the fact that the Bhalmansa is selected during the month of Asar, coinciding with the ‘Asari Puja’ ritual.

Participants demanded that the bill accommodate the mother tongues, traditions, customs, and local terminology of various communities. Suggestions were made to accurately include terms and practices such as ‘Khojni-Bojni,’ ‘Bhura Khel,’ ‘Kachehari,’ ‘Guruwa,’ ‘Kisanawa,’ ‘Kisani,’ and ‘Soriniya.’

Advocate Sarju Chaudhary stated that the Bhalmansa system should be granted judicial authority alongside administrative, economic, social, and cultural rights. He expressed the view that the mandatory participation of the Bhalmansa, as a traditional community leader, is essential in the formulation and implementation of development plans. He suggested that the preamble and objectives of the bill should incorporate provisions such as those from the International Labour Organization (ILO) Convention 169 regarding the rights of indigenous peoples.

Rohit Chaudhary, the Municipal Bhalmansa Chairperson, stated that the Bhalmansa should be included as an ex-officio member at the ward level. He argued that the Municipal Bhalmansa Chairperson should participate in municipal and village assemblies and that the Bhalmansa should be granted judicial authority. He further emphasized the need to ensure the Bhalmansa’s role when forming consumer committees for development projects and to establish their access to resources.

Participants demanded clear provisions regarding the Bhalmansa’s tenure, age requirements, term limits, and the structure of the executive committee. Bir Bahadur Tharu suggested forming a Bhalmansa executive committee with a term of three to five years and making arrangements for local governments to provide funds for administrative expenses. Women’s leader Kabita Chaudhary proposed a youth quota to increase youth participation in the Bhalmansa system.

Purumati Rana, Chairperson of the Rana Tharu Society, stated that eligibility criteria should require the Bhalmansa to be a resident of the respective village and that provincial and local governments should allocate a budget every fiscal year. Arjun Kathariya of the Kathariya Society remarked that a sense of ownership regarding the bill would only grow if the customs of all communities were incorporated. Lalmati Kathariya, Vice-Chairperson of Janaki Rural Municipality, noted that local disputes could be resolved through collaboration between the judicial committee and the Bhalmansa.

Participants demanded guaranteed budget allocation, arguing that the provincial government should not draft a bill that absolves it of financial responsibility. Social leader Thakur Kaini Chaudhary stated that the bill should use the term “system” (pranali) instead of “custom” (pratha) and should include a provision to “demand” the plan rather than merely “request” it.

Advocate Nathuram Mahato emphasized that the bill needs to incorporate the diverse practices and terminology of various Tharu communities. He suggested naming the legislation the “Bhalmansa System Conservation and Promotion Act” and stressed the need to clarify whether its jurisdiction would fall under the provincial or local level.

While acknowledging the provincial government’s positive initiative in drafting the bill, participants cautioned against any legal formulation that might undermine traditional practices. They emphasized the need for further in-depth study and broad consultation before the bill is passed.

Dharmaraj Pathak, Chairperson of the Social Development Committee, described the suggestions raised during the discussion as positive. He noted that insights gained from such discussions would help make the bill more effective and aligned with the community’s sentiments.

The program was organized in collaboration with the Parliamentary Affairs Journalists Society of Sudurpaschim and with the support of the Parliament Support Project (UNDP).