The waning faith of the public in Nepal's courtrooms and (in)justice delivered should invoke a debate in the legislature about what the fundamental philosophy of our legal system should be. When foreigners ask us what legal system Nepal follows, we lawyers stumble a little and repeat what we were all taught in law school: ‘It is mixed with influences from the common legal system, civil legal system and Hindu legal system.’ Since Nepal was never colonised we have not fully embraced either the civil legal system from continental Europe, nor common law from Britain. Until 1990, the legal process resonated more with civil law traditions, then switching abruptly to common law practices. There has not been much legislative discourse on why we had that change of heart.&nbsp; Take a <a href="https://nepalitimes.com/opinion/i-speak-nothing-but-the-truth-your-honour">criminal trial</a> as example. The basic premise of the adversarial format is that judges sits as neutral umpires in trials. They use the arguments, facts and evidence produced by defense lawyers (representing the suspects) and prosecutors (representing the victim) to reach a decision and ruling. Compare this to a judge in a civil law/inquisitorial tradition. The judge is an active member of the trial process who participates in fact-finding public inquiry by questioning defence lawyers, prosecutors, and witnesses. They can even order certain pieces of evidence to be examined if they find the presentation by the defense or prosecution to be inadequate. In Nepali criminal cases, the judge is neutral so the police and prosecutors are charged with gathering evidence. The law states that the prosecutor should supervise the police as they investigate a case to ensure the police use only legal methods to obtain information. Read also: <a href="https://nepalitimes.com/opinion/guest-editorial/false-equivalence-in-nepal-academia">False equivalence in Nepal academia</a>, Aastha Dahal However, in reality the police and prosecutors are too busy to coordinate with one another. They also tend to dislike each other. In most cases police investigation reports are copied in whole by the prosecutor who adds a few short paragraphs at the end. And that constitutes the charge sheet: the legal document which sets out which crimes a suspect has committed and should be punished for.&nbsp; When Nepal’s legal system was more inquisitorial before 1992, our trial procedure was governed by the 1961 Government Cases Act (Sarkari Mudda Sambandhi Ain 2017). Prosecutors who served under this law speak fondly about their partnership with the police.&nbsp; I have spoken to prosecutors who recall walking together with the police for hours and days across the rural mountains to examine crime scenes. Together they would examine bodies and draw up reports. They never forgot the smell of death. This practice was abruptly brought to a halt when the Government Cases Act 1992 (Sarkari Mudha Sambandhi Ain 2049) repealed the 1961 law. The new law was predicated on adversarial practice. The police did the investigation in the field, prosecutors now sat in their offices and gave directives to the investigation team. The shift in power dynamics did not sit well with the police. The relationship between police and prosecutors became frosty and disrespectful as they undermined each other.&nbsp; Read also: <a href="https://nepalitimes.com/opinion/comment/comparing-maina-sunwar-and-resham-chaudhary-cases">Comparing Maina Sunuwar and Resham Chaudhary cases</a>, Aastha Dahal What this means for a criminal case is that evidence is not verified for its thoroughness during investigation. The disintegration of the process continues into the courts. One of the primary methods of obtaining evidence in a criminal case within courtrooms is through the accounts given by witnesses of the crime. According to Nepali law witness answers must be verified by the opposing lawyers through cross-examination, and through the presiding judge.&nbsp; Alas, procedure is often completely subverted. The law expressly states that all witnesses who testify in court must be examined in front of a judge. The part that judges 'must preside' over these proceedings was written in the 2017 Muluki Criminal Procedure Code. This provision sought to rectify the longstanding practice in Nepali criminal trials whereby the judge is mostly absent from witness examinations unless the case involves the rich and powerful.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240305080344_fed47d470d051e9a554648b1b8a1dd4ed36b39ca2a2e619cb4f71137062619ec.jpg" data-media-id="editor_3" data-image-id="20240305080344_fed47d470d051e9a554648b1b8a1dd4ed36b39ca2a2e619cb4f71137062619ec" data-rendition-name="original" width="800" height="874" loading="lazy" alt="Nepali legal system"> <figcaption>Illustration: Bhanu Bhattarai/Nepali Times Archive</figcaption> </figure>  In practice, witness examinations are conducted by the administrative staff of the court. We are not taught how to conduct witness exams in law school or any legal professional training. So witness examination which tends to be critical to a criminal trial is just a formality. It feels particularly so when the court administrator snipes at us to finish questioning quickly, prevents us from introducing all witnesses we listed, and summarises what our witnesses say in their own often truncated language as opposed to verbatim. The judges have the power to question and verify statements but this is impossible when they are altogether absent from the proceedings. Read also: <a href="https://nepalitimes.com/opinion/comment/right-to-marry-in-nepal">Right to marry in Nepal</a>, Aastha Dahal In our 'mixed' legal system I've understood judges to have a varied perspective on their roles in the criminal trial. Many perceive themselves as neutral umpires envisioned in the common law adversarial system. Yet, some of their conduct says otherwise. For example, every day after 2PM in the District Courts, suspects arrested by the police are brought before a judge. The purpose of this meeting is to get permission from the judge to keep the suspect in detention as their case is being investigated.&nbsp; Nepal's Constitution mandates that these suspects should have their lawyers accompanying them. The judge has a role to ensure this. However, in most of these proceedings no lawyers are present. The judge curiously asks the suspect whether they committed the crime, how many kilos of drugs they carried. Action unpermitted by the adversarial common law philosophy of practice. &nbsp; If the leaning is towards the inquisitorial system and we argue that judges can be proactive then we do not have a system built for this either. Judges get cases they are to hear about an hour before the proceedings begin. They do not preside over evidence taking events such as witness examinations so they are realistically unable to control any part of the investigation or evidence gathering. Read also: <a href="https://nepalitimes.com/opinion/not-just-16-days-against-gender-based-violence">Not just 16 days against gender-based violence</a>, Aastha Dahal In this context, the legislator's role has to start from drawing out the philosophical basis of our legal system. Lawmakers needs to seriously consider whether it suffices to leave investigations to the police alone, or we need all parties like the prosecutors and judges taking on active roles in the investigative and trial processes. The fundamental consideration should be based on a practice that will increase the likelihood of getting to the truth and contribute to restoring public faith in our judiciary.&nbsp; The legislature of course need not be confined by influences of one colonial legal system or another. Like the International Criminal Court, it can draw lessons from major legal systems across the world, combine it with local experience to formulate a legal system and trial practice uniquely suited to Nepal.&nbsp; Aristotle said ‘the whole is greater than its sub parts’. Likewise, the opportunity to bring technology, critical thought and best practice to reform trials in Nepal is urgently needed.

Aastha Dahal

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Trials and tribulations

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414114/63723d379c7e80680e0c9661jpeg.jpg" alt="" width="1846" height="1266"/><figcaption>Courtroom scene from Maitighar, 1966</figcaption></figure>While teaching at Kathmandu University School of Law, I ask my students if they or their seniors have danced to the Nepali song Maitighar. Nearly all students immediately raised their hands.Not surprising, since the song has been playing for decades in school assemblies, and has been unofficially incorporated as an essential school activity in Nepal’s academic curriculum.Next, I ask students if they are aware that the 1966 movie had an iconic courtroom scene where lawyers argue the facts of a murder case in which the admissibility of a dying declaration was a fact in issue.None of the 200 students were aware of this. Some were inspired to be lawyers after watching the American drama series Suits and Boston Legal. Some said they enjoyed watching Akshay Kumar in Bollywood’s Jolly LLB. But Nepali students of law were not inspired by a Nepali movie.Movies mirror the socio-cultural aspects of a society. How Nepal’s judiciary is portrayed in movies is the first impression of the <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/" target="_blank" rel="noopener noreferrer">delivery of justice for Nepalis</a> who don’t have access to speedy legal aid.The 13-minute climactic court room scene in Maitighar portrays a respectable judiciary. A three-judge bench gives a patient hearing and adheres to the principles of natural justice, a forensic doctor has been invited as an expert witness to guide the judiciary in technical matters of medicine, and public prosecutors and defence counsels are seen establishing a chain of causation of the crime.The dialogue is sound in law, and as the scene intensifies, viewers can’t help but focus their attention to how the judges will be delivering justice.In the 2014 movie Chha Ekan Chha, veteran actor Nir Shah plays the role of a judge who has to determine an adultery case and sets the courtroom decorum by shutting down a misogynic comment made by the lawyer. However, that promising scene immediately degenerates into another in which the judge decides to flirt with the woman in the witness box.The portrayal of this scene was upsetting, but not unprecedented in real life. A young lawyer friend once related to me how while arguing a case before the court, a judge stopped her to ask about her age and her father’s occupation.She answered politely and continued to defend her client. A few days later, she got the news that the judge was trying to find a suitable female practicing lawyer to marry his son.The star studded Chakka Panja 2 movie has a polyandry case shot in the premises of Patan High Court. The legal issue being argued is the validity of a marriage for the purpose of migrating to Australia.While cross-examining a witness, Priyanka Karki’s character makes an emotional argument stating that Nepali youth do not have faith in the country, and will not return to build the nation. The witness leaves the courtroom, disobeying the judge, thereby portraying the inability of the judge to hold court.The common theme in these movies circles around the <a href="https://www.nepalitimes.com/banner/are-women-not-nepali-enough/" target="_blank" rel="noopener noreferrer">rights of women</a>. However, the 2021 movie Eh Mero Hajur 4 seems to have digressed from this by portraying a custody battle. Not of a child, but a dog.The fact that the judge entertained a matter of an unmarried couple makes you wonder how the suit has locus standi, but when the judge goes on to pass a joint custody order over the dog it raises questions of jurisprudence.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414114/63723d3a9c7e80680e0c9662jpeg.jpg" alt="" width="886" height="1284"><figcaption> </figcaption></figure>In these scenes, the script is replete with sexist jokes and personal attacks at the judge. The arguments are over-expressive, all to get a few laughs from the audience. The judiciary is not portrayed as a formal and serious institution where distressed citizens come to receive justice, but a playground where justice is delivered based on populist arguments rather than resolute understanding of law.What has the Bar Council been doing? Its primary task is to uphold the ethical values of the legal fraternity and make it a respectable profession. The Judicial Council is also expected to instil faith in Nepali citizens’ access to justice by immediately addressing concerns about the independence of the judiciary. The portrayal in Nepali movies does not help when embarrassing behaviour by judges and lawyers frequently make the media headlines.Read also: <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/">Federalism, rule of law and the judiciary</a>, George Varughese and Iain Payne <a href="https://www.nepalitimes.com/opinion/devolving-the-judiciary/">Devolving the judiciary,</a> George Varughese and Iain Payne<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414114/63723d3c9c7e80680e0c9663jpeg.jpg" alt="" width="1654" height="936"><figcaption> </figcaption></figure><a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">What is happening to Nepal’s Supreme Court?</a>, Santa Gaha MagarLast October, we had two <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">lawyers punching each other</a> in the premises of Nepal Bar Association over a dispute about boycotting the bench assigned by Chief Justice Cholendra Shamsher Rana. In June an audio recording was leaked to the press in which a lawyer and Kathmandu District Court judge were found negotiating a deal for the bail of real estate tycoon Ichchha Raj Tamang.There were reports in July that more than 200 complaints had been filed before the Judicial Council on the <a href="https://archive.nepalitimes.com/article/editorial/fusion-of-powers,3760" target="_blank" rel="noopener noreferrer">illegal and political appointment</a> of judges by neglecting established principles of law. In September, Chief Justice Rana started disclosing political affiliations of various former and sitting judges while defending himself before the Impeachment Recommendation Committee of the Parliament.All this in a period less than 12 months. Expecting law teachers in Nepal to inspire the next generation of lawyers in the midst of all this is asking them to forge a false narrative of a profession which lacks role models. The present leaders of the legal profession need to act by example, to give hope for the upcoming generation.<a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">Old wine in old bottle in Nepal’s politics</a>, Shristi KarkiIt is not surprising, therefore, that the portrayal of <a href="https://www.nepalitimes.com/here-now/supreme-court-puts-nepal-politics-back-on-track/" target="_blank" rel="noopener noreferrer">Nepal’s judiciary</a> in the country’s movies has been declining between 1960’s and 2020’s. The movies are just mirroring society. As a law teacher trying to mend things, I have to admit sadly that the way the judiciary is shown in films is accurate.Prajwal teaches law at Kathmandu University and was an Oxford Policy Fellow at the Ministry of Finance in Uganda.

How the judiciary is depicted in Nepali movies

<figure><img width="2400" height="1365" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d14489c7e80680e0a996djpeg.jpg" alt=""/><figcaption>Chiwan gears up for the 10th National General Convention of the CPN-UML on Friday. Photo: RSS</figcaption></figure>Nepal’s governance is once more grinding to halt as the two major parties, the Nepali Congress (NC) that leads the ruling coalition, and the opposition UML gear up for their general conventions.Such is the relentless focus on heated contest for influential posts within these parties that even the <a href="https://www.nepalitimes.com/opinion/the-real-story-in-nepals-supreme-court-debacle/" target="_blank" rel="noopener noreferrer">mutiny within the Supreme Court</a> against the Chief Justice has dropped off the headlines.  The conventions, during which Deuba and Oli will once again vie for top leadership positions within their respective parties, will take place even as the three branches of government are all tangled up. The UML conclave is being held in Chitwan this weekend, and the NC is holding its in mid-December in Kathmandu.The row over Chief Justice Cholendra SJB Rana has not only spot-lit the transactional relationship between the judiciary and executive, but also how the state is being held hostage by the internal power struggles within the main political parties.<a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">What is happening to Nepal’s Supreme Court?</a>, Santa Gaha MagarNepal’s current political turmoil came to a boil in December 2020 when Prime Minister KP Oli <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer">dissolved the House</a> in response to a months-long <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" target="_blank" rel="noopener noreferrer">internal power struggle </a>between him and his Nepal Communist Party co-chair Pushpa Kamal Dahal. The PM’s move was unsuccessful, as the Supreme Court restored the House in February 2021.This ultimately led to the Supreme Court deciding that the NCP unification was null and void, thus driving Pushpa Kamal Dahal of the Maoists and UML dissenter Madhav Kumar Nepal <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer">to ally with the opposition</a> led by the NC’s Sher Bahadur Deuba.  Oli dissolved parliament for a second time in May and the Supreme Court once more deemed it unconstitutional, even ordering that Deuba replace Oli as prime minister.Deuba began his<a href="https://www.nepalitimes.com/latest/deubas-long-and-winding-road/" target="_blank" rel="noopener noreferrer"> fifth term as prime minister</a> in July, leading a five-party coalition government by proroguing parliament and passing an <a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">ordinance to amend the Political Parties Act</a> that made it easier for political parties to split.This was directly intended to allow his ally Madhav Nepal to break away from the UML and form his own party, so making it possible for him to team up with the coalition government and seek cabinet positions. Many saw the prime minister's move (something he and his own coalition partners had accused Oli of committing) as an undermining of the parliamentary process.<a href="https://www.nepalitimes.com/latest/nepals-post-breakup-politics/">Nepal’s post-breakup politics</a>, Santa Gaha MagarBut Deuba outdid Oli: after the ordinance had served its purpose and begun to become a burden during his much-delayed cabinet expansion, he got President Bidya Devi Bhandari to <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/" target="_blank" rel="noopener noreferrer">repeal it</a>.  Deuba was bitterly criticised for running roughshod over the Constitution, but he was happy to form a full government. In the days leading up to the Cabinet expansion, news emerged that Chief Justice Rana wanted his nominees to also be given ministerships. The public, media and the legal fraternity was outraged by this blatant violation of the separation of powers.  <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/" target="_blank" rel="noopener noreferrer">Among Deuba’s cabinet picks</a> was Gajendra Bahadur Hamal for Minister of Industry, Commerce and Supplies, who just happened to be the brother-in-law of Chief Justice Rana and an NC member.Both Justice Rana, as well as Deuba’s camp, vehemently denied having negotiated for Cabinet positions, but the damage had been done. Hamal could not stand the heat and resigned three days later, leading many to conclude that there had indeed been a deal between the chief justice and the prime minister.As the judiciary erupted in protest, the Supreme Court stopped scheduled hearings. The Supreme Court Bar Association, the Nepal Bar Association, former Supreme Court justices <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">called for boycotts</a> demanding the resignation of Chief Justice Rana.Rana has refused to step down, saying he would rather face an impeachment motion in the House, knowing fully well that the politicians did not have the stomach for it because of their own pending cases. A compromise of sorts was reached this week under which cases in the Supreme Court will be decided by a tamper-proof lottery-based cause list.<a href="https://www.nepalitimes.com/banner/non-government-of-nepal/">Non-government of Nepal</a>, Sonia AwaleNow, as the two major parties hold their general conventions as required by law, there are doubts about whether they serve any purpose when power is so centralised at the top leadership of parties even with federal devolution.“The Nepali Congress and the UML were revolutionary political parties formed after the democratic movement 30 years ago, they were expected to bring about great socio-economic transformation,” says political science professor Krishna Khanal. “But they face a great crisis, they are in a trap of their own making.”Khanal notes that the greatest challenges for Nepal’s political parties are not constitutional matters or public opinion and discourse, but conflicting ambitions within individual parties that could make them implode, as parties have done in the past.“There is no internal democracy within Nepal’s political parties,” laments Radheshyam Adhikari himself an NC MP. “The  Constitution stipulates that political parties must hold internal elections every five years, which Nepal’s major political parties have failed to do. They have therefore lost their public legitimacy.”Khanal and Adhikari agree that political parties have just become a collective of selfish people seeking to grab power for their own self-interest. The current political climate also brings into question the leadership of Nepal’s ageing political figures, and the need for a younger generation to step up to the stage.“Nepal’s political parties are a stagnant swamp, not a constantly flowing river,” Khanal says. “The same leaders from three decades ago are still holding and vying for power instead of passing the baton to a new generation of leaders who came post-2006.”Meanwhile, Nepalis are now so disillusioned with the current state of politics that they do not just blame the politicians, but to flaws in the Constitution and even the very concept of a secular multi-party federal state.  However, former law minister and ambassador to India Nilamber Acharya says the current state is not due to the Constitution, but the flagrant violation of its principles.<a href="https://www.nepalitimes.com/latest/india-nepal-ties-must-move-beyond-1950-treaty/">“India-Nepal ties must move beyond 1950 treaty”</a>, Nepali Times“The current political disarray is not due to republicanism or federalism, but due to the inability of elected leaders to bring those concepts into practice,” Acharya says. “The responsibility of preserving the democratic process and strengthening the republic lies primarily with the Nepali Congress and the UML.”  He adds, “The flaw lies not in democracy, but in the fact that we do not have a functioning democratic process. The multi-party system is not responsible, the deep factionalism within the parties, and the inability of leaders to work together for the national interest.”

Shristi Karki

Unconventional party conventions

<img width="1279" height="774" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d141b9c7e80680e0a995fjpeg.jpg" alt=""/>Till he was recalled last month by Prime Minister Sher Bahadur Deuba, Nilambar Acharya was Nepal’s ambassador to India since 2019. Acharya had previously served as Law Minister, as well as the Chairman of the Constitutional Committee. He spoke to Santa Gaha Magar about Indo-Nepal relations, and the country’s domestic politics:Nepali Times: As someone who was posted to New Delhi during a <a href="https://www.nepalitimes.com/latest/untangling-the-kalapani-knot/" target="_blank" rel="noopener noreferrer">rocky period in bilateral relations</a>  please give some insight into the current state of India-Nepal ties.Nilamber Acharya: The relationship between Nepal and India is vast and nuanced. There are problems as well as positives, and they cannot be understood if we look at them in a one-dimensional framework. We need to be careful that the problems do not overshadow the positive aspects of our relationship. The Indian people have a lot of goodwill towards Nepalis.Like any other relationship, our bilateral ties need to evolve in the context of the times. And that has been the biggest challenge. Both governments and their political leadership need to be especially mindful of this fact.What could be the reasons why India has not formally received the report prepared by the bilateral Eminent Persons' Group (EPG) on Nepal-India relations?I am not sure why India has been reluctant to receive the EPG report. The document, which is integral to strengthening the foundations of our bilateral relationship, was finalised in consensus with four members from both countries. If India delays acknowledging and receiving the report any longer, it will be that much more difficult to move forward to review our diplomatic relations.Could it be that Nepal has not taken a more active initiative to implement the report?We have consistently engaged with our Indian counterparts to follow up on the EPG. There was not a single meeting during my term as ambassador when this report wasn’t discussed.In fact, then-Foreign Minister Sushma Swaraj at one stage before the 2019 Indian elections had assured us that India would receive the report. Prime Minister Narendra Modi said the same thing during the inauguration of the Nepal-India Petroleum Pipeline. Ultimately, it did not work out.After that, was there not enough pressure from Nepal, or did the Indians change their mind? Initially, both sides had agreed to submit the report first to the Prime Minister of India, then to the Prime Minister of Nepal, following which it would be made public via a press conference. However, there has been a roadblock from the Indian side. As I said, Nepal has repeatedly reminded and urged our counterparts to move forward with the report, but to no avail. Once the report is received, it would then be up to both the governments to decide whether to implement the its provisions and to what extent. One thing is for sure. Our bilateral relationships cannot move forward on the basis of the 1950 treaty.Could <a href="https://www.nepalitimes.com/latest/india-china-and-nepals-political-crisis/" target="_blank" rel="noopener noreferrer">India’s perceptions on Nepal vis-à-vis China</a> be one of the reasons?Our relations with India and China are mutually exclusive to one another. Establishing diplomatic ties with another country does not mean that our relations with India have weakened. Diplomatic relations with countries have different contexts, and must therefore be understood separately. Diplomatic ties with one nation do not and should not have a negative effect on relations with another.Let us turn to Nepal. As a former law minister, what are your views on the <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">Supreme Court row</a>?The current controversy surrounding the Supreme Court is not limited to whether the Chief Justice should resign or not. This issue is emblematic of a widespread disease that has for long plagued the very foundation of Nepal’s judiciary, which needs to be addressed properly. It is the responsibility of the Chief Justice, the judges of the court, and the government to address and solve those problems immediately.However, instances of judges boycotting the court and refusing to hear and try cases are not representative of the principles of the judiciary. The <a href="https://www.nepalitimes.com/opinion/the-real-story-in-nepals-supreme-court-debacle/" target="_blank" rel="noopener noreferrer">problems within the court</a> must under no circumstances impact the judicial process or hinder Nepalis’ right to justice.Who is responsible?The government, political leadership, and experts in the field must come together to identify the problem through research and investigation. <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">What is happening to Nepal’s Supreme Court?</a>, Santa Gaha MagarMany have linked the Constitutional Council, the Judicial Council, and even the Constitution of Nepal to the problems surrounding the Supreme Court. Do you see any flaws in the constitution?Seeing as the Constitution maintains objectivity over all things, debates about flaws in the Constitution do not come into play in this matter. What needs to be thoroughly examined is whether there are irregularities in institutional appointments and if the concerned authorities have been doing the work that they were assigned to do. Corruption must be investigated and the corrupt punished, but baseless public indictment must not be entertained. That is how this disease can be treated.Is our constitutional structure equipped to establish bodies to address our current problems?
The government should not remain silent in this matter by leaving it up to the judiciary. Rather, should find a solution to this problem through political means, by hearing the grievances of all disputing groups.
Moreover, it is natural to protest and make your voices heard, but the movements concerning this issue must not be drawn out to the degree that it affects the people's right to justice. That is not correct.
If the government gets involved, doesn’t it mean that the executive and the legislature are interfering in matters of the judiciary?
It is not to say that the government should direct the judiciary on what to do and what not to do, and should not be taken to mean as a call against the<a href="https://www.nepalitimes.com/here-now/supreme-court-puts-nepal-politics-back-on-track/" target="_blank" rel="noopener noreferrer"> separation of powers</a>. Rather, the government must facilitate the judiciary in the administration of justice. This is similar to how the executive assigns the budget to the court, and how laws implemented by the judiciary are passed by the parliament.
As it is, this became a matter of political concern as soon as the problem could not be contained within the judiciary, and the fights and disagreements spilled out into the streets.
Many have compared the current state of Nepal’s judiciary to that of post-panchayat Nepal in 1990. Was the judiciary in a better position then than it is now?
The circumstances surrounding Nepal’s courts then and now are incomparable. Nepal’s judiciary only became independent after 1990, following which judges were appointed through a democratic system. Before that, judges used to be assigned for having joined a political party, or simply for holding and voicing opinions about the need for democracy. 
Was that a good arrangement? Certainly not. Barring some decisions in the favour of the people and the media, court decisions largely discriminated against the citizens and deprived them of their rights.
Other aspects of Nepali society have been cited as being better before than it is now.
As I said, comparisons do not help. Nepal in the past did not have inclusion, in the human, political, and civil rights and liberties spheres. And while this is not to say that the past was without any progress, it is inaccurate to say that Nepal was more just or democratic in the past. 
The people could neither form governments nor change them if they were dissatisfied. In fact, they were not people at all, but subjects. As far as the courts were concerned, judicial decisions were heavily influenced by forces outside the judiciary. As it was, people were able to demand to be heard and were ultimately successful in establishing democracy in 1990. Following the king’s refusal to be a subordinate to his people, Nepal became a republic.
What is your response to those who ascribe the current problems within Nepal to republicanism, secularism and federalism?
The reasons for problems in Nepal at present are not due to the Constitution--although the Constitution should be amended in time--but due to a failure to implement its provisions. Societal instability is not due to republicanism or inclusion, but due to the inability to bring those concepts into practice. The flaw lies not in democracy, but in the fact that we do not have a functioning democratic process. The multi-party system is not responsible, but <a href="https://www.nepalitimes.com/editorial/they-fail-we-fall/" target="_blank" rel="noopener noreferrer">factions operating within individual political parties</a> are.
The problem is not the Federal Democratic Republic of Nepal. The problem is that we have not yet been able to bring into practice what the Federal Democratic Republic of Nepal symbolises.
So republicanism or secularism are not directly threatened?
Everyone has the freedom to voice different views in a democratic society, and we have come a long way to achieve this. When people are dissatisfied with the democratic process, they can express that through the polls. What is in the past will remain there, be it the Rana regime, the Panchayat, or the monarchy. The only way to move is forward.
Does it seem like Nepal’s major political parties have been stingy in taking ownership of the federal democratic republic?
Nepal’s history from a monarchy to a federal democratic republic is the result of significant transitions. We have been headed in a positive direction, and things are not worse than they were before. For instance, it is not to say that corruption has increased, rather the awareness of corruption and the need to hold those corrupt to account has increased. Similarly, we are at a point where we can openly speak out against discrimination and mistreatment of communities. 
There is no need to be discouraged by the momentum of Nepal’s socio-political progress. However, even though Nepal is a multi-party democracy, the responsibility of preserving the democratic process and strengthening the republic lies primarily with the Nepali Congress and the UML. Nepalis are soon going to make their voices heard through the polls, and how they fare in the upcoming elections will determine the future of the country.

“India-Nepal ties must move beyond 1950 treaty”

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016110/636d121a9c7e80680e0a98bbjpeg.jpg" alt="" width="890" height="500"/><figcaption></figcaption></figure>The current questions about the separation of powers surrounding Chief Justice Cholendra SJB Rana and Prime Minister Sher Bahadur Deuba after <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/" target="_blank" rel="noopener noreferrer">the appointment</a> (and subsequent resignation) of Rana’s brother-in-law Gajendra Hamal as a minister in government has raised serious questions about the conduct of justices, as well as interference in the judiciary by Nepal’s political leadership.This seeming give-and-take between the PM and the CJ set off an outcry from within Nepal’s judicial community, political commentators and the mainstream media. The public also made its opinion known through charged discourse on social media.Rana, for his part, swiftly refuted allegations that he had proposed Hamal’s ministership, as did a spokesperson for the prime minister when the issue was raised during a House session ahead of the cabinet expansion. Meanwhile, those in the Nepali Congress (NC) blamed the opposition UML for being behind “baseless rumours”.But less than 48 hours since his appointment, Minister Hamal resigned, proving that the explanations of the PM and CJ did not hold water. Rana has subsequently faced growing <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">calls for his resignation</a> from former chief justices, current justices of the court, as well as the Nepal Bar Association and the Supreme Court Bar Association.Justices and lawyers have been boycotting full court hearings called by Rana, as well as cases in the Supreme Court and other courts across Nepal since, affecting the judicial process.The Nepal Bar Association issued an ultimatum to Chief Justice Rana to resign, and protests, as well as calls for his impeachment, have been escalating when he failed to meet the deadline set before the Tihar festival.The controversy has exposed the transactional relationship between Nepal’s executive and judicial branches. However, what has been is that the nexus between political leadership and <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/" target="_blank" rel="noopener noreferrer">the Supreme Court</a> existed long before the current debacle.Political influence over the judiciary was seen when Chief Justice Khil Raj Regmi was appointed chairman of the council of ministers by the then CPN-Maoist government in March 2013, following the failure of Nepal’s Constituent Assembly to draft the Constitution after two term extensions.Since then, it has become commonplace for politicians to interfere with the courts and judges through the Judicial Council, hand out positions to those deemed favourable, block unfavourable judicial appointments in Parliament hearings, engage in ‘bench buying’ in the Supreme Court, and even attempt to impeach the Chief Justice for failing to cater to their demands.In fact, this is not the first time Deuba and Maoist leader Pushpa Kamal Dahal have tried to undermine the independence of the judiciary. In 2017, the NC-Maoist coalition government filed an impeachment motion against Chief Justice <a href="https://archive.nepalitimes.com/article/interview/a-woman-is-as-capable-sushila-karki,3375" target="_blank" rel="noopener noreferrer">Sushila Karki</a>, accusing her of interfering with executive decisions after she overturned the appointment of the Chief of Police.It was actually Justice Cholendra Rana who issued an order against <a href="http://archive.nepalitimes.com/blogs/thebrief/2017/05/05/sc-stays-impeachment/" target="_blank" rel="noopener noreferrer">the impeachment motion</a>, rejecting the interference over the judiciary by the executive branch. Rana also helped overturn K P Oli’s dissolution of Parliament in July which led to regime change and the five-party coalition under Deuba.The irony is that the same figure who was once hailed as the protector of the sanctity of the judicial process is now being held responsible for encroaching upon the dignity of the judiciary and tarnishing the reputation of the Supreme Court.By becoming an active collaborator in political and constitutional appointments, Chief Justice Rana has acted against judicial discipline, also contributing to eroding the principle of the separation of powers. The latest collusion between the PM and CJ has laid the precedent for unchecked political bargaining and the blurring of lines between the judicial and the executive branches.In August, Deuba ended the Parliament session in the midst of a budget debate to issue the ordinance to amend the Political Parties Act that allowed his ally Madhav Kumar Nepal to break away from the UML, form a new party and join his coalition. A little more than a month later, <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/" target="_blank" rel="noopener noreferrer">he repealed the ordinance</a> to make way for this cabinet expansion.Issuing such an ordinance by suspending Parliament to benefit a particular person or party, and then repealing it once it had served its purpose, is a deliberate and cynical attack on the rule of law.What happened with Gajendra Hamal is evidence that the current leadership is running the state like a private company to perpetuate its own power – not an institution that serves the Nepali people.Deuba’s coalition has crushed the very foundation of our Constitution under the pretext of defending it. Prime Minister Deuba and Pushpa Kamal Dahal have found willing and enthusiastic co-conspirators in each other, using the judiciary to fulfil their individual agendas and destroying our democracy in the process.It is becoming increasingly clear that one of the primary reasons why Deuba and Dahal have orchestrated this political theatre is to garner support from within the judiciary to avoid being held accountable for war crimes committed when both were leaders of opposing sides in the 1996-2006 insurgency.Furthermore, the leadership is seeking to silence the international community on the <a href="http://archive.nepalitimes.com/regular-columns/guest-editorial/justice-delayed-justice-denied-transitional-justice,849" target="_blank" rel="noopener noreferrer">matters of transitional justice</a> by paving the way to clear their names of any involvement in further cases that might arise in court.Indeed, Maoist leader and <a href="https://www.nepalitimes.com/latest/speechless/" target="_blank" rel="noopener noreferrer">House Speaker Agni Sapkota faces a war crime charge</a> in the Supreme Court. Both Sapkota and Rana are members of the Constitutional Council, and Sapkota stands to benefit in the courts through his association with the Chief Justice.In 2018, the Maoist government rejected the nomination of Deepak Raj Joshi as chief justice in retaliation against his imprisonment order on Maoist cadre Chhabilal Poudel for the abduction and murder of Krishna Prasad Adhikari during the conflict in 2004. Adhikari, a resident of Fujel in Gorkha, had been accused by Maoists of spying on behalf of the state. Other judges involved in the case who ruled against the victim have all since been rewarded by the party.The Maoist war ended 15 years ago and <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" target="_blank" rel="noopener noreferrer">Nepal’s transitional justice process is stalled</a>. Families of the 1,400 disappeared are waiting for the truth, victims of war crimes also want justice, and the thousands who were wounded, tortured, raped, or lost property during the conflict await compensation.And while the Supreme Court verdict seven years ago to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act to prevent perpetrators of war crimes from being exempt from punishment has still not been carried out, the order to make Sher Bahadur Deuba the prime minister was implemented within 24 hours.Such is the failure of the judicial system to stand for transitional justice, and the two erstwhile enemies, Deuba and Dahal, are among the primary players stalling the process.Over the coming days, the Chief Justice may very well buckle under judicial and public pressure and resign. And while his exit is necessary to the preservation of the impartiality of the judiciary, the buck must not stop with him. The prime minister and other leaders of Nepal’s coalition are equally, if not more responsible for the dismantling of state mechanisms, and cannot be spared from consequences.In particular, the Nepali Congress, the party once synonymous with democracy now seems hell bent on demolishing it, and must be held accountable. The prime minister blatantly used the judiciary to fulfil partisan interests, and must have to answer for it.The judiciary is, without compromise, the foundation of a democratic system, and freedom, fairness and autonomy are its cornerstones. It is a source of great hope and is the last line of defense against the violation of individual freedoms and the constitutional rights of victims.The hopes and trust of millions of Nepalis rest upon the judicial system. As such, the sustainability of an independent judiciary depends upon the competence, empathy, and sincerity of the leadership within all institutions of the branches of government.The institution will crumble without public trust, and our democracy, achieved through the countless sacrifices by Nepali citizens over the years, will be reduced to just a showpiece on the mantle of Nepal’s history.Charan Prasai is a human rights activist and coordinator of Accountability Watch Committee.cprasai@gmail.com

The real story in Nepal’s Supreme Court debacle

<figure><img width="640" height="443" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110111152/636cd7f79c7e80680e092e17jpeg.jpg" alt=""/><figcaption></figcaption></figure>As the world celebrates 110th International Women’s Day, Nepali Times caught up with Supreme Court Justice Sapana Pradhan Malla to discuss progress of Nepal’s feminist movement, and the legal challenges that lie ahead. Translated excerpt:Nepali Times: How far has the Nepali feminist movement come?Sapana Pradhan Malla: It has evolved from discourse about the right to education and property, <a href="https://www.nepalitimes.com/banner/child-marriage-in-nepal-eloped-at-13-mother-by-17/" target="_blank" rel="noopener noreferrer">child marriage</a>, exploitation, harmful religious and socio-cultural practices to ‘inter-generational feminism’ where young women, men, and even children can raise their voices for the right to privacy, rights of different genders, languages, geographies and religious minorities, encompassing the rule of law and the democratic process as a whole. Where does Nepal stand among South Asian nations in terms of women's rights?If we look at the Gender Development Index, Nepal tops the list of countries in Asia that have made progress in terms of <a href="https://www.nepalitimes.com/editorial/everyday-as-if-it-is-womens-day/" target="_blank" rel="noopener noreferrer">women’s empowerment</a>. Nepal’s Constitution is among the most progressive in South Asia for gender equality and the implementation of women’s rights. We have indicators to support the claim. However there are many other pressing issues, most importantly regarding <a href="https://www.nepalitimes.com/banner/nepal-waits-for-an-unequal-citizenship-law/" target="_blank" rel="noopener noreferrer">citizenship</a>, that need to be addressed.What are these indicators?Our 2000 study 'Discriminatory Laws in Nepal and Its Impact on Women' found 118 articles in 54 laws that were discriminatory towards women, the most explicit of which were the ones on citizenship, property, human trafficking, education, employment, reproductive health, marriage and divorce laws.Since then, apart from the <a href="https://www.nepalitimes.com/latest/nepals-citizenship-bill-is-a-hornets-nest/" target="_blank" rel="noopener noreferrer">citizenship law</a>, others have been amended. Women have been guaranteed rights to property, stricter sentencing has been introduced for those convicted of rape, marital rape has been criminalised, abortion has been made legal, and we have made legal strides to increase women's participation in the socio-political process. Were these achievements a result of political movements or feminist movements, or a mixture of both?The primary credit goes to those who filed Public Interest Litigation cases in the courts, which led to them dismissing discriminatory clauses in some cases and issuing directives to formulate new laws in others.Political movements played a significant role in women’s issues, as women actively participated in the two People’s Movements as well as in the Maoist armed conflict, because they no longer wanted to be left behind. Similarly, the unique needs of women were also brought to the forefront during the earthquake when there was a demand for birthing tents. The awareness brought about by political movements and national emergencies cemented their independent identities and the need to protect them, as well as giving a voice to their experiences.What does it mean for women to see other women represented in positions of power?Seeing <a href="https://www.nepalitimes.com/banner/women-leaders-seen-but-not-heard/" target="_blank" rel="noopener noreferrer">women in positions of power</a> can set a powerful and reinforcing example. In particular, Nepali women who have held the highest offices -- like the office of the President, the Speaker, and the Chief Justice -- are symbols of women rising through the ranks within unbalanced power structures. They should thus be role models for all women. If there are sensitive men in influential positions, it can also impact change that is in favour of women. <figure><img width="640" height="418" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110111152/636cd7fa9c7e80680e092e18jpeg.jpg" alt=""><figcaption></figcaption></figure>Does the feminist movement address the needs of marginalised groups?Every marginalised community, be it in terms of language, geography, religion, or gender, faces different challenges. As such, feminism too does not reflect a uniformity of ideology among all those who identify as feminists. Indeed, we have a diversity of opinion and differ and disagree on various issues, for example the legalisation of sex work, or abortion.In fact, the ways in which women choose to participate in the <a href="https://www.nepalitimes.com/here-now/who-were-the-charitraheen-cheli/" target="_blank" rel="noopener noreferrer">feminist movement</a> itself may vary. Some may take to the streets, while others take the legal route and go to the courts. Others might affect change by participating directly in the political process. The point is that women should take whatever opportunity there is to raise their voices.But whatever path they take, the goal is equality. And those of us who are in a position to affect change should work with the collective national interest at heart. <a style="font-size: 15px; letter-spacing: 0.01em;" href="https://archive.nepalitimes.com/article/interview/a-woman-is-as-capable-sushila-karki,3375" target="_blank" rel="noopener noreferrer">Former Chief Justice Sushila Karki</a> narrated her experience of feeling uncomfortable in a judicial system dominated by men at all levels.  Do you have a similar experience?Many people are of the belief that women have no judicial or legal knowledge, and it is up to us to make sure that our work reflects otherwise. My appointment was mired in controversy, but no one questioned my judicial capability and knowledge because they were aware of my professional background.What are biases against women in the judiciary?There are several ways in which women’s work and experiences have been minimised and delegitimised in the judiciary. For instance, our level of education and knowledge of legal and judicial matters are frequently questioned. Secondly, women are branded too emotional, easily given to fear and weakness. Thirdly, we are subject to resentment and objectification because some people consider that women have achieved their position due to their gender and not their qualifications.But there is also cause for optimism. At present, 70% of students enrolled at the Law Campus are female, and women consistently rank at the highest positions in the Bar Council exams. The challenge is to retain women in their professions, and unburdening women of household responsibilities and obligations will play a role in ensuring that they are able to have fulfilling careers. What should be the next path for Nepal’s feminist movement?The primary need is economic empowerment and independence for women. Legal provisions and amendments mean nothing if they cannot be accessed because women are financially beholden to someone else. In addition, the legal complexities surrounding citizenship need to be resolved. It is also important that women play active roles in policy formation and decision-making. The movement should also focus on how women can advance in the fields of science and technology.Another pressing issue is <a href="https://www.nepalitimes.com/banner/crossborder-cybercrime-and-punishment/" target="_blank" rel="noopener noreferrer">cybercrime</a>. Given that there is no clear jurisdiction on the use of technology, international cooperation is very important. At the same time, there need to be institutional mechanisms within the country to tackle cybercrime and hold criminals to account.But mostly, these changes will happen when we are able to change people’s perspectives. Women need to show that they are capable of doing that. Change is possible, what it requires is collective effort.Longer, Nepali original of the interview is in <a href="https://www.himalkhabar.com/news/122491" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.himalkhabar.com/news/122491&amp;source=gmail&amp;ust=1615292483581000&amp;usg=AFQjCNHKJi8TNo-awbKu8zuGH9eRpiF-_Q">Himal Khabarpatrika. </a>

“The goal is empowerment and independence of women”

<figure><img width="800" height="910" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a419d9c7e80680e04a685jpeg.jpg" alt=""/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>Just when we thought everything necessary had been said about <a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">Nepal’s corrosive corruption</a>, it seems to be even worse. The idea that ‘corruption’ is a Rs100 note slipped under a table is now just a quaint notion. Today, a network of politicians, bureaucrats, the legislature, judiciary and private sector cartels plunder and loot from the people, dividing the spoils. The beauty of it: no one is caught.Read also: <a href="https://www.nepalitimes.com/?p=27016&amp;preview=true" target="_blank" rel="noopener">A klepto republic</a>, Editorial‘Corruption in Nepal is not a series of disjointed, individual acts. Instead, a range of stakeholders spanning public, private and criminal spheres operate as one to steal from the people and ensure impunity thrives,’ says a new report by the <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>, Nepal’s Kleptocratic Network: Mapping Corruption and Impunity.  The network is one of shifting alliances spanning multiple agencies, with powerful businesses acting as brokers.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a09c7e80680e04a686jpeg.jpg" alt="" width="350" height="248">‘Money flows upwards through the hierarchy while impunity and benefits flow downward,’ adds the report. It uses flowcharts to show and shame politicians, political parties, public institutions and the private businesses. Read also:<a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">Trickledown corruption</a>, Editorial <a href="https://www.nepalitimes.com/uncategorized/elected-contractors/" target="_blank" rel="noopener">Elected contractors</a><a href="https://www.nepalitimes.com/here-now/nepal-has-to-curb-corruption-before-wooing-investors/" target="_blank" rel="noopener">Nepal has to curb corruption before wooing investors</a>, Ramesh Kumar ‘The private sector has gained primacy as the driver of corruption and impunity in Nepal ... its main roles are to distort the functions and policies of government regulatory agencies and to hijack key revenue streams to facilitate money laundering and rentier practices,’ the report concludes.In cahoots are political ‘patrons’ of the network and parties creating a ‘culture of collusion’, and public institutions, which also ‘collude with private interests and politicians to steal directly from the state’.State institutions have been ‘weaponised’ and ‘hollowed out’.So, who remains to protect the interests of the Nepali people? If you were thinking ‘the judiciary’, think again.The report states starkly: ‘Through pressure and threats, including sackings, impeachments, and forced retirements, political parties control and extract loyalty from justices.’

No shame

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41ab9c7e80680e04a68bjpeg.jpg" alt="" width="1400" height="519"/>The organisational infrastructure of the court system is of critical importance for the success of Nepal’s <a href="https://www.nepalitimes.com/here-now/federalisms-birth-pangs-or-death-rattle/" target="_blank" rel="noopener">new constitutional order</a>. It is in the lower courts that people come face to face with the judicial branch of government, and where the ordinary and routine forms of justice most directly affecting daily life are in practice. Subnational courts therefore should not be forgotten in considering the judiciary’s irreplaceable role in instilling a commitment to the rule of law and encouraging a <a href="https://www.nepalitimes.com/here-now/grassroots-democracy-is-delivering-development/" target="_blank" rel="noopener">new way of doing politics</a>.Nepal’s network of 77 district courts is the gateway for virtually all of the country’s litigation (85,000 cases in 2017-18, over which district courts oversaw final resolution to 60%). Yet both in resource allocation and in public imagination, these courts are the most neglected. It is remarkable that a mere 241 judges discharge the enormous workload.Read also:Part 1: <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/" target="_blank" rel="noopener">Federalism, rule of law and the judiciary</a>, George Varughese and Iain PaynePart 2: <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">Constitutional guardianship in Nepal</a> , George Varughese and Iain PayneWhile the <a href="https://www.nepalitimes.com/here-now/share-rule-and-self-rule/" target="_blank" rel="noopener">2015 Constitution</a> has changed the executive and legislative, the court structure has not undergone significant revision, except to add two district courts — for a total of 77 — and to refashion 16 appellate courts as seven high courts with their 11 benches extended across respective provinces.The subordinate courts now have slightly enlarged purview. For the first time, provincial high courts will be able to hear public interest litigation, hopefully lessening some of the Supreme Court’s caseload burden. District courts now supervise all justice institutions, formal and informal, below the district level.District courts also have increased authority to oversee criminal offences punishable by more than one year imprisonment, many of which were previously adjudicated by quasi-judicial bodies like the district administration office. They have new jurisdiction over some civil matters previously supervised by the district executive.Critical access-to-justice issues have been inherited from the previous governance setup. For example, the geographical inaccessibility of the district courts, which remain the lowest court in judicial hierarchy and sit at the now obsolete district headquarters, are one of the key reasons why only a fraction of disputes tends to be registered with the proper court and judicial authority. The judiciary’s absence in municipal government is glaring and hardly addressed by the presence of so-called judicial committees, which fall under the municipal executive.Moreover, wholesale state restructuring must take into account roles and responsibilities of different justice sector institutions at the local level, and the judicial branch’s reflections on these would be timely in guiding other branches of government. This is especially the case with regard to judicial committees in 753 locations, about which inconsistent visions are projected in <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">the Constitution</a> and the Local Government Operations Act of 2017— the federal framework legislation that presently guides local government operations. This is also the case with the option provided for in the Constitution allowing the creation of local courts if required. The judicial branch’s reluctance to provide guidance on constitutional provisions for accessing justice beyond district courts could result in costly adjustments.These issues need to be addressed to guide the creation of a coherent and coordinated system for accessing justice locally, one that builds community and citizen trust in the entire justice sector and positions the judiciary in its rightful place in government. The lowest rungs of the judicial branch carry the greatest burden in making justice more accessible to more people. Much work, therefore, remains to be done to ensure that the promise of bringing all three branches of government closer to the people is fulfilled.Renewed commitments to judicial independence headlined the recently concluded National Conference of Judges. However, aside from the hot-button topic of judicial appointments that dominated discussion, only a few creative ideas emerged. Perhaps the most federally relevant of those related to empowering provincial courts to settle disputes between provinces and municipalities. Ideas such as this, while nascent, indicate that the judiciary may be willing to look for ways to be more responsive to the needs of the changed governance context.With a recently appointed Chief Justice and remaining vacancies filled, Nepal’s Supreme Court is drafting its fourth strategic plan with more stable leadership and better prepared justices than ever before. This will drive the judiciary’s institutional vision, direction and contribution to democratic government in Nepal over the next five years.Previous strategic plans have focused on court administration, caseload management, infrastructural and modernisation needs, and training programs. These remain necessary but will be insufficient to fulfil the difficult role of rethinking and reworking access to justice in a federal context. Oversight of the judicial functions of the state — wherever those may be located — is a key strategic metric of performance of the judicial branch.More difficult will be the deep institutional introspection and principled actions required to assert independence while exercising guardianship of the rule of law. It is vital that the judicial branch of the government sees itself as a trusted partner of both state and society, with its functionaries embracing their role as ‘justices of the people’ and not just of the court.Only then will a constitutional culture shaped by the rule of law translate into access to justice in federal Nepal.This concludes a <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/" target="_blank" rel="noopener">three-part series</a> by Iain Payne and George Varughese who are associated with <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>.

Devolving the judiciary

<img width="1400" height="1049" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a19c7e80680e04a687jpeg.jpg" alt=""/>All of us witness examples of <a href="http://archive.nepalitimes.com/news.php?id=17581#.XOS_jiAza70" target="_blank" rel="noopener">Nepal’s corruption pandemic</a> every day in every sphere of life: from slipping a few to get a driving license to setting land transactions. Roads that are dug up and not finished for years and bridges that collapse as soon as they are built are our monuments to malfeasance. Clever civil servants now deploy ‘brokers’ outside their offices to ‘facilitate’ state services that should be free, so they do not have to directly get hands dirty. Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/?p=27015&amp;preview=true" target="_blank" rel="noopener">No shame</a>But these are cases of petty theft by small fry. At higher levels of government, corruption is so huge and widespread, so accepted as SOP, that the word ‘corruption’ does not do justice anymore to this <a href="https://www.nepalitimes.com/editorial/crony-communism/" target="_blank" rel="noopener">contagion</a> of loot and plunder.One egregious example of the rot was the ugly scene in the Parliamentary Accounts Committee (PAC) on Tuesday when Nepal Communist Party MP Aman Lal Modi accused <a href="https://www.nepalitimes.com/here-now/how-they-kept-nepal-in-the-dark-ages/" target="_blank" rel="noopener">Kul Man Ghising of the Nepal Electricity Authority (NEA)</a> of corruption. Ghising, many readers will remember, is the man who ended the practice of his corrupt predecessors of providing 24-hour power to industries in return for bribes. Nepalis did not suffer from load-shedding just because of undersupply but because of structural corruption —  <a href="http://archive.nepalitimes.com/article/nation/corruption-in-electricity-industry-of-Nepal,3408" target="_blank" rel="noopener">top NEA executives were selling electricity to industrialists</a>, leaving household consumers in the dark for 10 years.<a href="http://archive.nepalitimes.com/article/interview/interview-with-Kulman-Ghising,3409" target="_blank" rel="noopener">Ghising</a> recently asked those industries to pay a backlog of dues for dedicated feeders, prompting Nepal’s so-called captains of industry to gang up on him. It does not take a Sherlock Holmes to figure out why MP Modi is using PAC to go after Ghising.Then there was the sordid affair of the <a href="https://www.nepalitimes.com/from-the-nepali-press/melamchi-delayed-by-government-extortion/" target="_blank" rel="noopener">Melamchi contract</a>. The much-delayed $500 million project to bring water supply to Kathmandu Valley was nearing completion in December. A Dispute Resolution Board awarded the contractor Rs350 million for delays caused by the earthquake and Blockade in 2015, but a secretary in the Water Supply Ministry refused to sanction payment unless he got Rs50 million in kickbacks. The Italians abandoned the project, Melamchi is in limbo.To understand just how deep-rooted corruption in Nepal is today, a report issued this week by the <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>, Nepal’s Kleptocratic Network: Mapping Corruption and Impunity, is an eye-opener. To be sure, none of what it contains should surprise us. We always knew rent-seeking was the modus operandi of the state, and politicians and bureaucrats were up to their necks in extraction and extortion. Such is the impunity, the big fish never get caught. <img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a49c7e80680e04a688jpeg.jpg" alt="" width="350" height="248">The report tries to show, not tell, just how nefarious, deep-rooted and interlocked rent-seeking is in Nepal. Illustrating graft with graphics, we are given flowcharts to explain why plunder and impunity is so systemic.‘Core state entities responsible for regulation and upholding rule of law have been weaponised or hollowed out by the kleptocratic network to extract resources and guarantee impunity,’ says the report. ‘The impunity network comprises those that declare law, enforce law and apply law.’The report lays bare how Parliament is infiltrated by special interest groups who are in key committees drafting legislation for sectors like education, health and infrastructure. There is no separation of powers anymore -- the powers-that-be control all three branches of government.The executive openly interferes in legislative functions, and tries to influence the courts with ‘bench shopping’. Those who stand in the way or try to expose the rot, like Kul Man Ghising, are themselves accused of corruption. The state is in open collusion with the private sector, which is now well represented in Parliament. The CIAA corruption watchdog is a lapdog of the state. Lack of transparency and impunity is rife in the security forces. The report has gory details of how ‘<a href="https://www.nepalitimes.com/here-now/nepal-has-to-curb-corruption-before-wooing-investors/" target="_blank" rel="noopener">revenue capture’</a> works through collusion between officials in <a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">all three levels of government</a> and contractors.The only remaining check and balance function is carried out by the fourth estate, hence the moves to try to censor its content through legislation. But even the media is used by powerful interest groups to target rivals or tar those who expose them.Everyone seems to be on the take: it is a public-private partnership to loot the country. ‘The private sector has gained primacy as the driver of corruption and impunity in Nepal … by distorting the functions and policies of government regulatory agencies and to hijack key revenue streams to facilitate money laundering and rentier practices.’  The Niti Foundation report makes for thoroughly depressing reading, and what it lacks is a roadmap out of this morass. Our only hope is in a transparent and fair electoral process that will one day punish thieves and reward the honest by electing them to office. <img width="1282" height="919" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a59c7e80680e04a689jpeg.jpg" alt=""><h2>10 years ago this week</h2> The Nepali Times <a href="http://archive.nepalitimes.com/issue/452" target="_blank" rel="noopener">edition #452 of 22-28 May 2009</a> was filled with analysis of the politics post-resignation of Pushpa Kamal Dahal over the Army Chief sacking. The Ass had his own take on the matter, and except for GPK, the cast of characters are the same in this excerpt from the <a href="http://archive.nepalitimes.com/news.php?id=15961#.XOaeC1IzaUk" target="_blank" rel="noopener">Backside Column ten years ago</a>:‘Rate we are going, the new federal constitution of Nepal is looking more and more like a mirage. The closer we get to it, the more it recedes. The prolonged coalition-cobbling is reminiscent of mid-1990s. And it’s the same old faces.BijayG being pulled by both arms to switch sides when Upadro refused to toe the line. The only difference with 15 years ago is that this time the entire exercise is outsourced to Lainchaur. And the sight of both GPK and PKD courting Kamal Thapa for royalist support just shows how quickly fortunes turn in politics.And even the bigger parties are out to feather their nests. One senior NC leader, when asked by the Ass if he would be joining the Makunay-led govt, said: “You think I’m stupid to join a sarkar that will last three months? I will join the one formed after this.” <img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a89c7e80680e04a68ajpeg.jpg" alt="" width="800" height="1270">

A KLEPTO REPUBLIC

<figure><img width="1250" height="1145" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40489c7e80680e04a610jpeg.jpg" alt=""/><figcaption>Pic: Bhanu Bhattarai</figcaption></figure>The 2015 Constitution and arrival of fresh political leaders through nationwide elections in 2017 promised a more equal and inclusive New Nepal. Political power would be devolved from elite-captured Kathmandu,  and development balanced across all regions of the country, with greater appreciation for religious and ethnic diversity and increased participation of the marginalised in governance.There is broad acceptance that this ongoing transformation will have durable effects on the quality of the country’s governance. Yet there remains widespread anxiety that those now in decision-making positions in government will shirk their responsibility and opt for cosmetic adjustments rather than fundamental change.Part 2: <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">Constitutional guardianship in Nepal</a>, George Varughese and Iain PayneThe Constitution promises to bring government closer to citizens through a new federal structure wherein federal, provincial and local governments are coequal.  With 753 local governments, seven new provinces, and local and provincial assemblies with more than 35,000 elected representatives, the executive and legislative levels of government are now functional and more visible to citizens.However, minimal attention has been given to the judiciary’s key role in impelling constitutional values in government — starting with the rule of law and access to justice — and contributing to the success of the ongoing transformation.This is neither mysterious nor casual: neglect of the judiciary is quite usual in Nepal. The undermining and sidelining of the judiciary over many years is part of a sordid story of collusion by political parties across the spectrum to weaken, co-opt and subordinate state institutions that deter impunity and constrain opportunism.A quick measure of this neglect is the steady decline in the already-meagre annual allocation of state resources for the judiciary, today at its lowest levels of funding in years — a mere 0.34% of the government’s budget, down from 0.57% in 2015-16. Continued failure to invest in this co-equal branch of government — the one meant to constrain unlawful action — undermines the transformational project of the 2015 Constitution.Three years after the adoption of a new Constitution it is also necessary for the judicial branch to consider its role in ensuring that rule of law and access to justice is better under federalism.While much hope has been placed in the 2015 Constitution, it cannot in and of itself transform the country’s constitutional and political culture, which has been shaped over decades of perverse governance praxis that accepts collusion and impunity, crises and destabilisation, and backroom deals and horse-trading as normal.New norms of politics must be embraced. The rule of law, and buttressing it the judicial branch of government, is at the heart of this reshaping of politics.The rule of law is concerned with the principled exercise and accountability of governmental power. It requires adherence to the laws of the land, beginning with the Constitution, by all.Elected representatives and appointed officials alike must abide by the same rules as everyone else, there is no special pass for those in power. Sadly, the main threat to federalism in Nepal is the absence of the rule of law, exemplified by ongoing abuse of the Constitution by those charged with protecting it.It has been persuasively argued elsewhere that the rule of law demands public justification for the exercise of public power. This process must be championed by the judicial branch as the expression of its own authority, one to which public actors and citizens must learn to conform. In the setting of the courthouse, the branches of government must justify the legitimate exercise of power and be able to defend their actions. The judicial process thus contributes to a constitutional culture in which the arbitrary exercise of power is discouraged.It is in this sense that the rule of law may be talked about as a value. It is a critical, missing feature of Nepal’s constitutional culture, one which the judicial branch of government must salvage, nurture and return to public service.This is the first of a three-part series by George Varughese and Iain Payne who are associated with Niti Foundation.

Federalism, rule of law and the judiciary

Nepal’s only international aviation gateway, at Kathmandu airport, will cut night-time operation hours to allow construction of taxiways, and airlines have been told to curtail flights. This is expected to lead to more than normal chaos during the height of peak autumn and spring tourist seasons at an airport that is congested even at the best of times. The airport will close from 10PM to 8AM from 8 November-31 March 2025. The taxiways will now connect to the thresholds at both ends of the runway, making the airport more efficient in handling higher frequencies of landings and takeoffs. The parallel taxiway extension will allow international flights to land every 4 minutes instead of the current every 7 minutes. At present planes have to wait to land until a plane taking off backtracks along the runway.&nbsp; Kathmandu is Nepal’s only airport with international operations, and it has only one runway that is only one way in from the south over the mountains. With the taxiway improvement, the airport will be able to handle 42 aircraft landings and takeoffs per hour — double the current capacity.&nbsp; The Civil Aviation Authority of Nepal (CAAN) has been trying to entice international airlines to also start flying to and from the other two international airports at Pokhara and Bhairawa (Lumbini) by slashing landing and handling charges. But so far only Nepal Airlines operates a weekly flight to Bhairawa from Kuala Lumpur.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241018161016_046569e53d1d66cd445cc66c697c0ef724810aec9f54bdf827481e3cd6b80c32.jpg" data-media-id="editor_0" data-image-id="20241018161016_046569e53d1d66cd445cc66c697c0ef724810aec9f54bdf827481e3cd6b80c32" data-rendition-name="original" width="2356" height="1134" loading="lazy" alt="Kathmandu airport expansion"> <figcaption>Kathmandu Airport Expansion plan with extension of taxiways to the thresholds of runways 02 and 20 that will limit airport operations from 8 November 2024 - 31 March 2025. Areas in blue are existing structures, including the international terminal which in future will be the domestic airport, and the new international terminal near the north end of the runway,</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241018121028_6e17cc2ee87c1b02d78cb54905825b7aa15299b7a00f5eddb01a59579ab85c1a.jpg" data-media-id="editor_1" data-image-id="20241018121028_6e17cc2ee87c1b02d78cb54905825b7aa15299b7a00f5eddb01a59579ab85c1a" data-rendition-name="original" width="1353" height="1328" loading="lazy" alt="Kathmandu airport NT"> </figure>  CAAN has reportedly told international airlines to cut their flight frequency to Kathmandu citing the shorter operation hours and has told budget airlines to shift some of their flights to Pokhara or Bhairawa, or face cuts. Many airlines currently operate regular flights to and from Kathmandu between 10PM and 8AM: Air Arabia to Sharjah, Fly Dubai to Dubai, Jazeera Airways to Kuwait, Cathay Pacific to Hong Kong, Singapore Airlines, several Nepal Airlines flights, and one of four daily flights by Qatar Airways to Doha. Jazeera Airways, FlyDubai, and Thai AirAsia have applied and got permission from CAAN to begin regular flights to Bhairawa’s Gautam Buddha International Airport. Starting 9 November, FlyDubai will start making a stopover in Bhairawa before flying on to Kathmandu. Immigration, customs and security are all fully functional in Bhairawa. In Kathmandu, the next phase of the airport upgrade includes converting the current international terminal for domestic operations, the construction of a new international terminal where the domestic departure area is now, as well as moving the hangars and the Nepal Army Air Wing to the eastern side of the runway. The apron area will also double its parking space for widebody jets. This is part of a Airport Capacity Enhancement Project that was initially funded through a $80 million loan from the Asian Development Bank (ADB), and the entire masterplan is expected to cost $800 million. This project is the latest upgrade to Nepal’s only international airport since it saw its first flight in 1949. The current international and domestic terminals are too small to handle the current annual traffic volume of 8.5 million passengers a year that is growing at 20% a year.

Kathmandu airport to cut flight hours

As Kathmandu becomes more congested and polluted, and with remote online work becoming the norm, many professional Nepalis are planning to retire in Pokhara, or move there.&nbsp; With its stunning mountain panorama, balmy winters and proximity to a profusion of wilderness areas, builders are responding to this demand with new townhouses, housing development and apartments. One such block of flats is the 10-storey <a href="https://sungavaapartment.com/">Sungava Apartment</a> located at Phulbari above the Seti River, near the point where it flows into and under Pokhara. The imposing structure near Manipal Hospital is almost complete, and on a recent visit the site was strewn with huge boulders unearthed while digging the foundation.&nbsp; The Seti brought down these boulders during a gigantic flood that geologists estimate happened 800 years ago when a chunk of Annapurna IV broke off and ploughed into the glacier below. Today, Sungava (means ‘orchid’) sits safely on a high terrace, 100m above the blue-green Seti and commands a view of Dhaulagiri, Annapurna South, Machapuchre, Annapurna III and IV.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024102411104_5f8fc736c86ea3c08d7bef43bb727081d3cc1a2caa55ae2b441717e6044de7e9.jpg" data-media-id="editor_1" data-image-id="2024102411104_5f8fc736c86ea3c08d7bef43bb727081d3cc1a2caa55ae2b441717e6044de7e9" data-rendition-name="original" width="2016" height="1512" loading="lazy" alt="High living below the Himalaya NT"> </figure>  The soil here is conglomerate that has solidified like concrete, and the boulders were extracted by heavy earthmovers. It is intriguing to think that these metamorphic rocks as big as cars, rounded by glacial grinding, were once a part of a much higher Annapurna IV. Even for those with little interest in geology, Sungava is an ideal place to contemplate the tectonic forces that pushed these peaks into the sky to be sculpted into delicate shapes by wind, snow, earthquake and avalanche over millions of years. The view of the Himalayan panorama from Sungava’s many balconies are breathtaking when not obscured by clouds, or the haze that drifts in from across the southern border. On most days, just watching the towering pyramid of Machapuchre (Tamu name: कतासुँ क्लिको) play hide and seek with the clouds is mesmerising. There are rocks aplenty at Phulbari, and it is probably the flowers that grew along the flat terraces e that gave the place its flowery name. The boulders will hopefully be turned into a rock garden while landscaping. An nearby restaurant complex is making the best use of the stones in its design, using flat rocks as outdoor benches and tables. Sungava was designed by the husband-wife architect team of Deepak Sherchan and Jyoti Joshi of <a href="https://thedarkmermaidamarbshrestha.blogspot.com/2013/12/creative-builders-collaborative-cbc.html">Creative Builders Collaborative (CBC)</a>, which also built Heritage Plaza, Indreni Apartment and numerous other projects in Nepal. Sadbhavana retains CBC’s trademark Newari-style masonry and here it borrows from the orange brickwork of the old town of Pokhara, integrating it with modern design elements. A few of those heritage houses are still standing in Ganesh Tole and Ram Krishna Tole in Pokhara’s old quarter.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024102411108_5eb64a4885961b6d30781cefeb1e8a313da313ac5227c7a66b60f0c7d48d6fab.jpg" data-media-id="editor_3" data-image-id="2024102411108_5eb64a4885961b6d30781cefeb1e8a313da313ac5227c7a66b60f0c7d48d6fab" data-rendition-name="original" width="1362" height="595" loading="lazy" alt="High living below the Himalaya NT"> </figure>  About 400m from the apartment past a bend on the river, and down below three tiers of terraces in the canyon is a suspension bridge. Below it, the Seti is still swollen with post-monsoon flow as it tumbles away in a hurry to head down south.&nbsp; Back at the apartment, it is quiet, far away from the hubbub of Lakeside a 15 minute drive away, and in the lap of greenery. There are 52 units at Sungava and it already has a close-knit prospective community of professionals, including doctors, publishers, engineers, and businesspeople from the renewable energy and IT sectors.&nbsp; Some residents say they opted for a second home in Pokhara to make it a ‘base camp’ to explore the Annapurnas with its many hiking trails made newly accessible with new roads. With the NRN citizenship law, overseas Nepalis can now also buy the flats. &nbsp; The floor plans include options for north and south-facing 3-bedroom apartments with verandas, and the facility has underground parking has EV charging, heated pool, sauna and gym. There are still some unsold apartments with panoramic views of the mountains and one can imagine oneself at the kitchen with its huge window, humming a ditty while preparing breakfast: “खाना पकाउँ हिमाल हेरेर...”

High living below the Himalaya

When the United Nations held its Summit of the Future at its headquarters in New York in September, many world leaders, including Nepal’s Prime Minister K P Oli, highlighted the effect of climate breakdown in increasing the frequency and intensity of natural disasters. What did not get as much attention was the long term impact of the climate crisis on food production. In fact, heat stress, weather extremes and the consequences on rain-fed agriculture is already being felt worldwide, undermining the chances of the <a href="https://unstats.un.org/sdgs/">UN’s Sustainable Development Goals (SDGs)</a> being met by 2030.&nbsp; The SDG’s 17 targets commit countries like Nepal to reduce poverty and inequality, end malnutrition, protect the natural environment, and ensure that citizens all enjoy health, justice and prosperity without leaving anyone behind.&nbsp; However, besides the impact of climate breakdown on agricultural production, in Nepal the area under cultivation is impacted by urban expansion, falling productivity and the need for expensive inputs like fertiliser and pesticides.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241019041052_626413c5baf4dae407ac9579231b41daeb51510aa636b75aeb7489d94cca6a62.jpg" data-media-id="editor_1" data-image-id="20241019041052_626413c5baf4dae407ac9579231b41daeb51510aa636b75aeb7489d94cca6a62" data-rendition-name="original" width="999" height="1500" loading="lazy" alt="urban agriculture in Kathmandu"> <figcaption>Kathmandu's urban sprawl is eating into its fertile cultivable lands. Photo: TAYLOR MASON</figcaption> </figure>  Now, a new study led by Nepali researcher Prajal Pradhan at the University of Groningen in The Netherlands looks at how urban agriculture may offer a solution to falling food production and meeting SDG targets. The researchers evaluated 1,450 publications exploring the contributions of urban agriculture with both positive and negative effects, and published their findings in the journal Cells Report Sustainability. Urban agriculture can help achieve 17 SDGs, positively influencing 81 targets. However, it could also undermine 51 goals.&nbsp; Read also: <a href="https://nepalitimes.com/here-now/the-vanishing-land">The vanishing land</a>, Taylor Mason “Urban agriculture offers immense potential for sustainable development, but realising this potential depends crucially on adopting practices that minimise its adverse effects while maximising its benefits,” Pradhan explains. Urban agriculture can substantially enhance urban food security, provide employment to the urban poor, serve as ground water recharge in built-up areas, and preserve open spaces that can serve as safe havens during disasters like earthquakes. However, it also presents problems like the potential health risks from contamination and the need for expensive inputs. &nbsp; “Urban agriculture plays a definitive role in advancing the SDGs, but achieving this requires tailored, context-specific solutions that address the unique challenges of different regions,” says Yuanchao Hu of Wuhan University in China and who is a researcher at the Potsdam Institute for Climate Impact Research. “But it needs equitable access and rigorous management of environmental risks.”&nbsp; Rapid urbanisation is eating into Nepal’s most fertile agricultural land, which means farming in remaining open spaces inside cities can be a viable alternative, especially as food prices rise.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241019041052_7b7c9413086226fbdc630d45acf772cfa1ced77a8970b9056ec5ec7e5226fdf8.jpg" data-media-id="editor_3" data-image-id="20241019041052_7b7c9413086226fbdc630d45acf772cfa1ced77a8970b9056ec5ec7e5226fdf8" data-rendition-name="original" width="1500" height="999" loading="lazy" alt="urban agriculture in Kathmandu"> <figcaption>A vegetable patch in between new houses in Thimi. Photo: TAYLOR MASON</figcaption> </figure>  “The conversion of Nepal’s most fertile land into cities is a severe problem,” Pradhan told Nepali Times. “Crop cultivation, horticulture, agroforestry, beekeeping, livestock rearing, or aquaculture can all be farming activities within and around cities.”&nbsp; The study makes recommendations for sustainable practices that build on the positive aspects of urban agriculture while mitigating the downsides, thereby promoting more resilient cities in future. Research shows that urban agriculture has been helping many countries attain SDG targets by enhancing food security and biodiversity while helping education and preservation of open spaces.&nbsp; Indeed, many farmers from the hinterland who have settled in Kathmandu Valley or other urban areas of the country have been practicing urban agriculture, leasing neighbourhood patches or cultivating roof gardens both out of necessity because of inflation and falling income to grow their own food, and also as a fulfilling hobby. Saurav Dhakal, a sustainability advocate with Story Cycle and now research fellow at the Asian Institute of Technology in Thailand, says there are socio-economic and environmental benefits of urban agriculture. “It provides benefits to all urban dwellers, regardless of their income status,” says Dhakal, “families get fresh food, and there are many other benefits like water retention, heat regulation and biodiversity. These are all public goods, so special government incentives may be needed.” It is not unusual to see vegetable patches and even paddy fields within inner city Kathmandu where an older generation of farmers are using available fertile land and <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/rooftop-gardens-kathmandu,1415">roof gardens to produce fresh, nutritious food </a>to reduce their dependence on food items that have to be bought after being trucked in from large distances.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024101905100_1291ce98dbbb8caed8702ac4b1d469b3e13016d7ecaaf3bfd5f91c974d3c0c77.jpg" data-media-id="editor_5" data-image-id="2024101905100_1291ce98dbbb8caed8702ac4b1d469b3e13016d7ecaaf3bfd5f91c974d3c0c77" data-rendition-name="original" width="1500" height="999" loading="lazy" alt="urban agriculture in Kathmandu"> <figcaption>An older generation of farmers are using any available fertile land to continue farming but it is getting more and more difficult. Photo: TAYLOR MASON </figcaption> </figure>  Nepal’s urban population grew rapidly from only 3.6% in 1991 to 25% today. There is large outmigration from the mountains to peri-urban areas of the Tarai, to Kathmandu Valley and Pokhara, with many young men then moving abroad for work. Kathmandu Valley’s population has swelled to nearly 3 million, and is growing at 6.5% a year. Dilip Shrestha, 71, used to work for Nepal Food Corporation, so he knew firsthand about inflation, shortages and vegetables with pesticide residue. So, when he designed his new house in Kathmandu, he built a spacious roof where he grows cucumber, ginger, garlic, coriander, onions, tomatoes, chili, beans, okra, pumpkin and lettuce. His family eats healthier, and he has reduced dependence on the market.&nbsp; The co-author of the Cell Reports Sustainability journal article, Daya Raj Subedi who is a PhD candidate at Beijing Forestry University, says urban agriculture also promotes inclusion and psycho-social wellbeing.&nbsp; He says, “A crucial finding of the study is the identification of opportunities and challenges associated with urban agriculture, it can promote sustainable transformation of society.” In Banepa, 55-year-old Bijaya Manandhar in her lifetime has watched the fertile farms of her neighbourhood that used to supply vegetables to Kathmandu, now completely built up with no open space left. The pandemic lockdown prompted her to turn to the family’s <a href="https://nepalitimes.com/banner/rooftop-agriculture-on-the-roof-of-the-world">ancestral livelihood by growing food</a> not on terrace farms, but on the roof terrace. Manandhar is now a part of <a href="https://nepalitimes.com/banner/rooftop-agriculture-on-the-roof-of-the-world%5C%5C">कौसी खेती र करेसाबारी क्रान्ती</a> (Rooftop Farming and Garden Revolution) which has an online membership of 52,000, and awards annual prizes to women who excel in urban agriculture.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241019041052_7257f5def8f823f35a799fa6f6825e153f2ffa406ac11325d4fe74049b79e96d.jpg" data-media-id="editor_8" data-image-id="20241019041052_7257f5def8f823f35a799fa6f6825e153f2ffa406ac11325d4fe74049b79e96d" data-rendition-name="original" width="1600" height="736" loading="lazy" alt="urban agriculture in Kathmandu"> <figcaption>Rooftop farming is gaining popularity as a form of urban agriculture. </figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241019041052_beff1a4494ce896dd8fd383ee1f518e5448bcf7ea8bb138255391c7bcb9769ed.jpg" data-media-id="editor_9" data-image-id="20241019041052_beff1a4494ce896dd8fd383ee1f518e5448bcf7ea8bb138255391c7bcb9769ed" data-rendition-name="original" width="4000" height="3000" loading="lazy" alt="urban agriculture in Kathmandu"> </figure>  Pradhan says the challenge now is to upscale such examples of successful urban agricultural practices so they support Neal’s efforts to meet SDG targets. He adds, “Crop cultivation around cities can be protected by land use plans and regulations. Promoting community-based agriculture, including rooftop gardens, requires community engagement and public-private partnerships across the food value chain.”&nbsp; Such support would accelerate the popularity of existing rooftop farming and community gardens in Kathmandu Valley, or kitchen garden initiatives in Pokhara, and building on traditional farming practices that are preserved and integrated into urban settings like in Bhaktapur and Banepa. In Lalitpur, the Women Entrepreneurship Facilitation Center promotes urban farming enhancing both sustainability and empowerment.&nbsp; Another co-author of the report, Yuanchao Hu from China says followup research of the team will aim to identify good practices in local urban agriculture practices. He adds, “There are examples of urban agriculture that optimise sustainability, ensuring that it remains a viable solution for cities globally while countries try to meet SDG targets.” Prajal Pradhan, Daya Raj Subedi, Kshitij Dahal, Yuanchao Hu, Prakriti Gurung, Sijal Pokharel, Sagar Kafle, Biplav Khatri, Sudeeksha Basyal, Monika Gurung, and Aruna Joshi. Urban Agriculture matters for sustainable development. Cell Reports Sustainability, 1:100217, 2024. [DOI: 10.1016/j.crsus.2024.100217] Prajal Pradhan (<a href="mailto:p.pradhan@rug.nl">p.pradhan@rug.nl</a>) This article is brought to you by <a href="https://nepalitimes.com/" target="_blank">Nepali Times</a>, in collaboration with <a href="https://inpsjapan.com/en/" target="_blank">INPS Japan</a> and <a href="https://sgi-peace.org/" target="_blank">Soka Gakkai International</a>, in consultative status with UN ECOSOC.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240630110640_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758.jpg" data-media-id="editor_14" data-image-id="20240630110640_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758" data-rendition-name="original" width="680" height="103" loading="lazy" alt="SDG logo"> </figure>

Back to the land in the cities

The 700-year-old Lakshmi Narasingha temple in Bhaktapur houses a rare half-lion and half-human incarnation of Lord Vishnu carrying the Goddess Lakshmi. The temple was destroyed in the 1934 mega earthquake that killed 10,000 people and destroyed many monuments in Kathmandu Valley. It was rebuilt by a German project in the 1980s, but as a single-storey structure instead of its original two-tier pagoda design.&nbsp; With new findings from in-depth research, Bhaktapur municipality began re-restoring the temple in 2021, preserving its original architecture.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241017131016_2fae38cce543ad7b1f6de632feb3e212e08ed1acedd747830e949d7b8e878f18.jpg" data-media-id="editor_0" data-image-id="20241017131016_2fae38cce543ad7b1f6de632feb3e212e08ed1acedd747830e949d7b8e878f18" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="In with the old in Nepal NT"> </figure>  “Our temples and heritage sites hold deep meaning. It is disheartening to witness how often they lose their original elements, whether by design or accident,” explains Kumar Chawal of the Consumer Committee of Bhaktapur. “There is a need to preserve our architecture and protect its historical value for future generations. Otherwise, we risk losing a vital part of our identity.” The Laksmi Narsingha restoration is similar to the Bhai Dega temple in Patan Darbar Square which also collapsed in 1934, but was rebuilt with a Moghul-style dome by the Rana government at the time. Only two months before the 2015 earthquake, heritage conservationists had started to rebuild Bhai Dega as the original three-tier based on early photographs. But priorities shifted when four other temples in the square were brought down by the 7.8M earthquake on 25 April 2015.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241017131016_697ea707d9ad163be5de5f2efbf5b70d3cab771adcc22f0fae6bf937c6cb0130.jpg" data-media-id="editor_1" data-image-id="20241017131016_697ea707d9ad163be5de5f2efbf5b70d3cab771adcc22f0fae6bf937c6cb0130" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="In with the old in Nepal NT"> </figure>  This showed how damage to monuments in Kathmandu Valley spanned from one earthquake to the next. Bhai Dega restoration remains half-complete to this day because money for its restoration ran out.&nbsp; Whereas Bhai Dega restoration was done by the Kathmandu Valley Preservation Trust with grants from western embassies and international foundations, in Bhaktapur it is the municipality itself that allocated the Rs30.7 million needed to restore the Lakshmi Narasingha temple. The expected date of completion is early 2025. The municipality and local communities are focusing on two main aspects: preserving the past and promoting localisation. The restoration team has designed a blueprint for the temple by using historical photographs and insights from older generations.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241017131016_182882fdc393c99e70d1d0490319e415229563666c4934e3a582426ebf00ca30.jpg" data-media-id="editor_2" data-image-id="20241017131016_182882fdc393c99e70d1d0490319e415229563666c4934e3a582426ebf00ca30" data-rendition-name="original" width="1200" height="560" loading="lazy" alt="In with the old in Nepal NT"> </figure>  “At first, the Lakshmi Narasingha temple had only one entrance, but during the demolition process, we uncovered the foundations of four doors. Now, we are restoring all of them. This is an example of how our ancient structures have changed over time, often without our knowledge,” says Chawal. “Constructing temples is not like building houses. They carry historical and spiritual values, which is why they hold a special place in our hearts,” he adds. By replicating ancient design elements and rebuilding the temple as accurately as possible to its original form, the team has stayed true to Bhaktapur’s soul. But the restoration also revived ancient techniques that were in danger of being forgotten, generating employment for woodcarvers, masons, and contractors. The community of Bhaktapur’s Gahiti neighbourhood near the famous Nyatapola Temple has also set aside specific days for locals to volunteer in the reconstruction work. This has encouraged young people to take pride in ownership of their heritage. Families have also supported the effort by donating funds for bells, the temple pinnacle, and other structural features to the temple.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241017131016_db850ec0c084cdbe54f65bee92dad2ad8122d20fd60ec87ec086fbb9d2f72bd6.jpg" data-media-id="editor_3" data-image-id="20241017131016_db850ec0c084cdbe54f65bee92dad2ad8122d20fd60ec87ec086fbb9d2f72bd6" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="In with the old in Nepal NT"> </figure>  “I feel at peace knowing I have contributed my sweat to restoring this temple,” said one volunteer. “It is our duty to preserve our temples and heritage. The Nyatapola area will look magical once this temple is completed.” Community mobilisation is a long-standing tradition in Bhaktapur. In the past, locals have actively participated in the restoration of other temples in the city, such as Bhairav and Nyatapola fostering a strong sense of ownership. This collective engagement has not only been crucial in preserving the city's historical monuments but also in strengthening the bond between local communities and their heritage, says officials at the municipality. While securing funding is essential, and the municipality showed it values heritage conservation, the Lakshmi Narasingha restoration is proof that active involvement and sense of responsibility of the local community is as important, if not more. Local involvement also means that the monuments will be cared for into the future, When locals take ownership of these efforts, the restored monuments are not only protected in the present but are also cared for in the future.