Kathmandu School Of Law (KSL)
in co-operation with Center for Legal Research and Resource Development (CeLRRd)

 

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Research on Situation of Organized Crime in Kathmandu City after April Movement

Research conducted on situation of organized crimes in Kathmandu valley after April 06 movement (Jana Andolan 062/63) explored that the cumulative effect of depravation, injustice, corruption, lack of political will, and exclusion of certain ethnic groups from democracy was fueling a fire to the rise of the organized crime. The research was conducted in households, shops taking interviews with the locals of Koteshor, Baneshor Tinkune, and surrounding areas as well as ten police stations in the Capital namely Sworakhutte, Gaushala, Kalimati, Kamalpokhari, Durbamarga, Bouddha, Maharajgunj, Anamnagar.

Study found that there were total 490 cases reported in various police stations within three months after the movement. Out of which 39 % were of Robberies, 11% of Extortion, 16% of Snatching, 30% of Killing and remaining 1% of other criminal activities. The data shows an alarming level of reported criminal activities in the recent months. But the level could be more alarming taking into account the unreported cases.

 Total Crime Situation (In Number)

Place

Robberies

Extortion

Looting

Gangesterism

Killing

Others*

Total

10 Police Stations

187

54

77

149

16

7

490

 Total Monetary Values Involved in Crimes

Place

Robberies

Extortion

Looting

Others*

Total

10 Police Stations

2,03,92,277

10,13,675

37,71,323

3,51,800

2,55,29,075

Causes and Factors for Increased Phenomena for Crimes: Qualitative Analysis

Robberies:-

The research concludes that robbery is the most significant form of organized crime. The reasons behind the aggravating incidents of robbery are:

-Political instability and deterioration of law enforcement system

- The transitional phase of the political scenario of Nepal

- Police is allegedly involved in vandalism and robberies as by the people. Example:-

1.      As per information from the Sworakhutte Police Station dated 30th shrawan at 12:30pm, a police sub inspector named Chhabilal Gharti Magar along with four other people deliberately injured a taxi driver.

2.      As per information from the Durbar Marg Police Station, a police official was involved in the robbery in Maharajgunj.

- The misconception of people that there is no Law and Order in Democracy.

-The crumbling down of the security system after Jana Andolan .

- Lack of adequate police stations.

- Drug addiction due to faulty socialization.

 Gangsterism:-

- One of the main causes for increasing gangsterism and vandalism is the present ‘fragile transitional phase’, ‘unaccountability of the police’ and ‘political interference’.

- Impunity for the criminal gangs is another cause.

 Trends of Snatching:-

According to the people snatching is sharply increasing –

1.      snatching of ornaments by thieves on bikes.

2.      snatching of cash from the people when they come out from the bank.

3.      snatching of possessions while walking on the road, while getting on or off the buses.

4.      pick pocketing in buses and busy areas.

5.      looting by gangsterism.

 Trends of Extortion:-

- People in the name of Maoists are compelling the common people to give money.

- Compulsory raffle tickets.

- Collection of money by gangs in the neighborhood.

- Weekly ransom collection in the name of Dashain expenses.

 General Trends of criminal phenomena:-

- Social harmony is being threatened which is destructing the social relationships and spreading mistrust.

- Tourism is being badly affected by the on going criminal phenomena.

- Increasing lack of confidence on the government administration.

Business and daily activities are being affected which in turn have caused instability in the life of people

The study shows that organized crime is pervasive and is in increasing rate. The law and order is getting deteriorated, and the government’s performance is recorded poor.

The question is obvious- why these instances are taking place more often than in the past. Some blame it to poverty and unemployment; some say it is the flooding social problems that have burst its banks to engulf the society which is based on injustice and rampant corruption. The political elite however make the new and improved so called loktantra and the "transition phase" the scapegoats.

The research, however, showed far deeper causes of the problem. The problems are deep seated to the foundations of Nepalese society. The cumulative effect of depravation, injustice, corruption, lack of political will and exclusion was fuelling a fire that was smothering beneath the surface of inter social relations. The current loktantra has given fire the energy to erupt the results: increase in crime and protest in almost everything.

Additionally, the amount looted will obviously not be invested in resource development or in any benevolent purposes. Other country experiences show that criminal community invests the looted amount in drugs, arms and weapons and commercial sex trade. The danger of use of such amount in distracting constituent assembly elections by the reactionary force also looms large in our context. It is therefore important to notice that reactionary elements are active in such activities and continuously breaking law and order. Political parties and government should drive their attention in this aspect of the organized crime that may bring unexpected results in the constituent assembly elections ahead, the research report adds.

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Research Book on Constituent Assembly

Kathmandu School of Law has launched out a research book in market on Constituent Assembly. The book authored by Associate Prof. Yubaraj Sangroula extensively explore out various dimensions, modality, and approaches of Constituent Assembly. The book features with simplified writing along with the graphical illustrations and diagrammatic sketches and is easily understandable by ordinary readers.

The book particularly deals with the following:

- Modern concepts of Constitutionalism

- Process and Modality of Constituent Assembly

- Myths on Process of Constituent Assembly

- Constituent Assembly and Mentality of the Political Leaders

- Interim Constitution and Some Questions

- Interim Statue: Structure, Principles and Legality

- Power of House of Representatives and People's Support

The book is available at Kathmandu School of Law.

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Cover page of the Book

 
Students Visit to India

A team of LL.B students of KSL paid a visit to different States of India to learn best practices from universities and legal institutions of the country and to participate in the Conference on International Criminal Justice System in the Age of Globalization.

Students started visit by participating in the Conference organized by Symbiosis Law College, Pune from 25-27 August 2006. Mr. Niranjan Adhikari, LL.B 4th Year student made a presentation on "Protection of Rights of Victims in International Criminal Justice System: Redress Mechanisms" in the Conference.  

Presentation Synopsis

… Traditionally victims are taken for starting the proceedings and as a piece of evidence, the international criminal justice system has transformed this paradigm. …UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power became the Magna Charta of victims, as founder president of the World Society of Victimology coined it, had originated the reforms in criminal justice systems of member states.… Although the payment of compensation cannot undo the damage done, it can serve a restorative and therapeutic function by easing the level of suffering --thereby improving the social security. …The victim-based provisions within the Rome Statute and its Rules of Procedure and Evidence provide victims with the opportunity to have their voices heard and to obtain, where appropriate, some form of reparation for their suffering. It is this balance between retributive and restorative justice that will enable the ICC, not only to bring criminals to justice but also help the victims themselves obtain justice. …Victims have won the right in the Statute of the International Criminal Court to make submissions directly, as well as through counsel, and to make applications for reparation. This is because the victims before the two ad hoc tribunals for the former Yugoslavia and Rwanda are in fact witnesses who have no independent participation in the proceedings, but are only called on to give evidence by the parties to the proceedings. …Individuals who wish to make applications to participate in proceedings before the Court must therefore provide evidence proving they are victims of crimes which come under the competence of the Court in the proceedings commenced before it.  ... A Judge or a Chamber may, proprio motu or at the request of either party, or of the victim or witness concerned, or of the Victims and Witnesses Section, order appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused. … Pursuant to article 75, the Court may lay down the principles for reparation for victims, which may include restitution, indemnification and rehabilitation.  … If the Court decides to order collective reparation, it may order that reparation to be made through the Victims' Fund and the reparation may then also be paid to an inter-governmental, international or national organization.  …The Office of Public Counsel for Victims (OPCV) provides support and assistance to the legal representatives of victims and to victims participating in the proceedings as well as asking for reparations. … Such jurisdiction is inherent in the sense that it derives exclusively from the nature of the body exercising it. As elucidated by Lord Diplock, inherent jurisdiction covers "the doing by the court of acts which it needs must have power to do in order to maintain its character as a court of justice."  

Diksha Koirala, Sandhya Sitoula, Sandesh Shrestha, Pradeep Thapa, Bikas Twanju, Pralad Bhattarai, Saroj Raj Regmi, Bikas Malla, Rajeev Sangroula, Ramesh Bista and Niranjan Adhikari as coordinator of the visit took part in the conference. Students from Tribhuwan University, Nepal Law Campus also participated in the conference.

 Besides participating in the conference, they also visited Mumbai, Goa, Banglore, Hyderabad, and New Delhi. In Mumbai major visit sites included: District Court, Museum, Art Gallery and so forth. In Goa students visited District Magistrate. In Banglore the team paid visit to National Law School of India University (NLS, Banglore) and addressed talk program on activities of NLS and initiatives of KSL, and prospect of joint actions between two law schools. Besides, they observed the faculty facilities, library, student organizations, journal publications, and administrative offices.

In Hyderabad, students visited Museum, Historic Fort, Islamic Muszids, temples and High Court premise of Andra Pradesh state of India.

 In New Delhi, KSL students made a visit to judicial and other institutions. Students' visit to Supreme Court of India was arranged by Supreme Court Bar Association Office, in cooperation of law students of Guru Gobind Singh Indraprastha University. They observed the major constitutional case Lok Sabha v. MP and many other cases in the court as well as libraries of Supreme Court and the Office of the Registrar. Students went to Patiyala House Court where they interacted with Chief of New Delhi Legal Aid Service, District Magistrate, Government Prosecutor Counsel, investigating police officers as such. Magistrate Mr. Mukesh Mukharji briefed students about the district court and its procedure.

 Students visited the sites of Indian Parliament, Prime Minister Office, President Office, and historic India Gate. Other places of visit were Red Fort, Temples and City Centers.

 Conference and the visit was tremendously beneficial in gaining scholarly culture and student cooperation; to learn emerging concepts on international criminal justice system; to witness judicial processes of India, and to learn many other legal practices and experiences. Students acknowledged the values of faculty-student cooperation, student outreach programs, court-law schools initiatives, Bar- College cooperation and many other aspects which are needed to be boosted in Nepal to realize the ideal of socially responsive legal education.

 Report by: Niranjan Adhikari

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Feature Article

 

 

 

 

Reservation for Women: Good or Bad?

Women constitute the majority of the world’s population and as equally important to run the Nation. However, there is no doubt that they are discriminated by superstitious patriarchal society and also the discriminatory laws. The discrimination and inequality towards them is a manifestation of historically unequal power relations between men & women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women.  It is unfortunate that even in the 21st century and despite the constitutional provision that men and women are considered equal by the laws; women are considered as domestic workers and mere reproductive tools.

 The human rights of women are an inalienable and indivisible part of universal human rights which has rightly been observed by World Conference on Human Rights. The full and equal participation of women in political, civil and economic, social and cultural life at the national, regional & international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community. However, women are divested of their basic right by society and the economy, and many times, regrettably, by their own mentality, they fall victim to all forms of violence. Thus securing and ensuring the rights and interests of women is the need of the day.

 In this regard, the passage of the women’s rights declaration of 30 May 06 by the HoR is definitely a welcoming step and landmark development in context of Nepal. If Human Rights are to be universally respected and protected, then they must apply to the lives of over half the human race-women.

 Basically four Major Declarations have been made by the House of Representatives:

  1. Proposal on women’s right to confer citizenship to their children.
  2. Reservation of 33% of seats in all states bodies for women until proportional participation is attained.
  3. Freedom from domestic violence.
  4. End of Discriminatory Laws on women.

Regarding the issue of reservation, definitely it is needed in our context till the time women become equally competent to compete with the male members of the Society. John Rawl in his ‘Theory of Justice’ has rightly emphasized firstly on the protection of the individual liberties, and secondly to give priority to the deprived group till they become competent enough to compete.  The idea of equal access to opportunity to all comes only after acquiring the above. Thus in our context, sad to say women being more vulnerable, discriminated and deprived of having access on the nation’s utilities reservation is needed up to a certain height for their upliftment. Because of the deeply entrenched patriarchy, society still is not in the position to accept women as equal partner. Hence, women should get the same sorts of opportunity and access in all spheres of Nation’s Utilities. Substantive equality is the need of the day not the formal model of equality as provided by our Constitution.

Also, reservation won’t work effectively until it is further reserved for different classes of women such as Dalits, Vulnerable, and Disabled etc. To meet the goal of this reservation to the fullest extent upto the grass-root level, it needs to be separated in quantity to all class of women and the beginning should be made from the ground level. Otherwise it would be a luxury to the urban women who are well educated and are on easy access to resources.

To uplift the status of women, discriminatory laws on women needs to be wiped out. There are till to date 28 gender discriminatory provisions in the Civil Code (11th amendment). Similarly 20 existing Acts have 53 discriminatory provisions while 35 existing Rules have 85 discriminatory provisions. Thus, these need to be made non-discriminatory. Finally, it is important to reassess the stereotype that women are necessarily “vulnerable” and “victims”. Their roles and potentiality must be recognized. They can be politicians, community leaders, partners in assistance operations in their communities, and activists for reconstruction, reconciliation and peace.  

Author is LL.M Student of Kathmandu School of Law

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