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The Rule of Law in Nepal

Prakash Bom - 1/28/2009

Nepal has failed historically in complying with the "Rule of Law" in government practices and made itself world renown for its ongoing tradition of impunity all time in all three branches of government. The question is "why Nepal has to be doomed with such traditions that perpetuate party favoritism, ethnic tribalism, religious superior-ism, familial nepotism, gang criminal-ism, and so on that overrule justice?"

This is to me an ethical responsibility as a member of society for setting up my own human off-limits against my own self-conceit and family ambition. This means that I like to earn my livelihood with honest work by contributing to my family – shelter, food, clothes and education and to the state – my earned individual income tax for the public services. But I cannot dream to build a castle for my family beyond my ability unless otherwise I make some sort of corruption, particularly living in one of the poorest nation of the world.

I have to think before I make my offspring spoilt brats with my honestly earned or fraudulent income by providing any object that is impulsive and that they cannot see how much it takes to earn it. I would prefer to invest my surplus earning rather to a responsible state than if I cannot make my offspring responsible and creative human beings but smart parasites who cannot invent when it is necessary.

If South-Asian rich and higher middle class parents had taken such ethical responsibility they would have invested their resource in the state that Buddha had spoken long ago to them against hoarding that makes one sick and perverts the prosperity of human society. The resource must be invested to provide goods and services to the public whether through private or public enterprises. The best solution is to pay earned individual income tax to the state for the development and maintenance of such state mechanism.

However, ruling elites of South Asian nations, particularly of Nepal will not buy this observation yet they have failed to establish a functional government mechanism that can respect civil liberty, provide justice and render prosperity. All leaders and followers are equally responsible for a dysfunctional government and the tradition of impunity.

How such a society can be transformed for establishing functional government is only through the practice of "Rule of law" of which policy and regulation can maintain law and order, render justice and generate revenue with the mandatory implementation logistics.

For example, in order to process an individual auto-driver's traffic violence on the street there must be mandatory implementation logistics for a traffic police to apply relevant traffic regulation that guarantees justice. If traffic regulations as such implemented with the mandatory procedural logistics then the revenue of state from traffic violence must be substantial. Currently, the revenue of state of Nepal from traffic violence and street crimes such as pickpockets and burglaries lands in the pockets of police network of local precinct.

This is not because of police are corrupt. But instead it is the lack of profound regulation that has mandatory procedural logistics to follow up for which the government officials are accountable if they do not implement procedures strictly. I must appreciate in this regards Maoist led government's attempt to set the regulation for managing the revenue of Pashupati temple.

The temple must have shift reporting system for each priest in duty to report earnings of his or her shift. If priest is unwilling to follow up the procedures then he or she must be laid off. The temple must not only sustain itself with its revenue and resources but also generate livelihood for many family of Pashupati Area Development Committee (PADC). Hence, the purpose of regulation is to make the institution self-sustainable under the rule of law.

I think the method of workshop organized by PADC for the regulation to set implementation logistics for worship and financial system was democratic. There were participations of scholars, religious activists, historians, local representatives and government officials.

There are many areas of Nepal in the government mechanism need regulations with the implementation logistics, which can bring all under the rule of law, particularly the executor (government official) and executed (the citizen who has violated the law) for justice. Nepal can neither will succeed with democracy nor will become prosperous as long as it continue with the tradition of impunity under the domain of party favoritism, ethnic tribalism, religious superior-ism, familial nepotism, and criminal-gang-intimidation (mafia).

Until this time there has been no "Rule of Law" in Nepal. It has still been big time for "have" (wealth, status, power, and gun) to overrule the justice. Whenever the injustice occurs to "not have", it is deliberately caused by government officials and "have." This is the tradition of impunity of Nepal sustained by the feudal mindset which is now at this point sustained by political parties for party favoritism, ethnic tribalism, religious superior-ism, familial nepotism and criminal-gang intimidation. These are the elements of human primitivism that must be minimized if not completely wipe out of the society for democracy to sustain and prosperity to flourish.

The feudal mindset of "haves", despite their exposition to the facts as elites of Nepali society have always avoided their responsibility to the state, for example paying earned individual income tax. Also, the state has failed to make earned individual income tax system as prime factor for revenue. Instead state goes after the business and industries.

Public or private business and industries are non-entity or "not individual" must be exempted to some limit for the growth because they provide the individuals employment for their income. Therefore, the best way to generate the revenue is by targeting earned individual income tax directly collectable through payroll system or VAT even by 1% to begin with will make difference.

What it meant by "Rule of Law" to Nepal government elites and Nepali society is not clear yet. The injustice exists not in the formation of the regulation but the regulation itself is lacking its implementation procedures in a diminutive issue of the society. For example, how a police implements his or her authority upon accused on the street establishes rule of law. But if local police network precinct of famous "Satdobato of Kathmandu", for instance take direct cash from the criminals without rendering receipt how the rule of law can be established.

Nepal needs to focus on implementation procedures of regulation to address the diminutive issues of the society in everyday existence for both citizen and the government official to make accountable. Thinking only on the so called higher level of political ideologies – socialism and communism will not by long shot establish "Rule of Law" and do away with the tradition of impunity. But it will by setting up mandatory regulation implementation steps to address diminutive issues of society.