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Habeas corpus, popularly called the “great writ of liberty,” is one of the fundamental laws that guarantee individuals protection of personal freedom from any unlawful or arbitrary detention. It is an essential instrument of doing justice according to the rule of law and thus the cornerstone of every constitutional democracy in the world, including Nepal. The phrase originates from the Latin “habeas corpus,” which means literally, “you shall have the body.” By this law, a person who has been unlawfully detained or imprisoned may have recourse to a court of law to challenge that detention. Keeping all the constitutional and other legal provisions provided for the protection of personal liberty in Nepal in mind, habeas corpus is a prominent instrument in the dispensation of justice, human rights, and the accountability of state organs.  

Nepal, as a constitutional democracy, has solemnly ethical considerations of habeas corpus incorporated into the legal arrangement by virtue of Article 133 of the Constitution of Nepal, 2015. Under this provision, every person shall have the right to present a habeas corpus petition before the Supreme Court or the High Courts against illegal detention. 

The primary aim of the doctrine is to protect any authority, be it the government or some private entity, from infringing upon the freedom of the individual without legally acceptable justification. Habeas corpus has always been viewed by the courts in Nepal as a protection against arbitrary detention so that no one is sent to detention unlawfully.

Next to life, personal liberty is perhaps the highest right appreciated by mankind. Article 3 of the 1948 Universal Declaration of Human Rights states: “Everyone has the right to life, liberty and security of person,” which basically underscores this personal liberty. Article 9 of the International Covenant on Civil and Political Rights (ICCPR), to which Nepal is a party, states, “No one shall be subjected to arbitrary arrest or detention” and goes on to say that “anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.” These provisions and many others have formed part of Nepal’s law and thus come under the obligations of the state to respect and enforce human rights. The Constitution of Nepal goes a further step in protection of personal liberties. It grants freedom under article 17: “No person shall be deprived of personal liberty without the due process of law.” Article 20 seeks to do justice requiring that persons arrested are informed of the reasons for their arrest and are able to access legal counsel and be produced before a judicial authority within 24 hours of their detention. In addition, article 22 specifically prohibits torture and inhumane treatment and allows for access to remedies for the victims of such wrongful acts. These protections under the constitution find additional expression in the National Penal Code of 2017 making acts such as unlawful detention, secret detention or detention under inhumane conditions punishable. Provisions for compensation to the victims of unlawful imprisonment are proof enough of how Nepal stands for the violations of personal liberty.

Nepal’s habeas corpus mechanism suffers from various hurdles for effective implementation despite these solid legal frameworks. Arbitrary detention has continued to be a concern in times of political unrest or emergencies. The authorities have consequences on dissent and political opponents using preventive detentions as constitutional law in Article 23 allows whereas these purported preventive detentions have not always been justified by evidence or due process constituting a clear violation of the fundamental rights of the individuals. The situation worsened because of the general unawareness of the citizenry about such rights and the habeas corpus mechanism. Many persons more so in rural or marginalized communities- are unaware of their right to seek justice for unlawful detention or have no means to access relevant legal aid. Another major undermining factor is delay in the judiciary. Though the Constitution prescribes that habeas corpus be acted upon without delay, inefficiency effectively causes prolonged detention without recourse. Limited judicial resources, backlogged courts, and procedural complexity would have all had a hand in the delays, thus limiting, if not incapacitating, the efficacy of habeas corpus as a remedy. There have also been recorded incidents of noncompliance of the judicial orders by law enforcement agencies, which further testify to the need for mechanisms that would enhance accountability for and adherence to the rule of law.

The challenges can be addressed by proposing several solutions. The foremost among these solutions relates to public-awareness campaigns geared towards educating the citizenry about their constitutional rights, especially the remedy of habeas corpus against unlawful detention. Legal aid services must extend in rural and economically backward areas to ensure that a person of any economic status has access to justice. Investment by the government to strengthen the judiciary with more judges, court infrastructure, and procedures ensuring the speedy hearing of cases is recommended. In addition to this, there should also be an implementable oversight mechanism to monitor law enforcement agencies and prevent their misuse. Training for policemen and other authorities must promote understanding and respect for human rights and the rule of law. Thus, independent bodies also have to be set up for the investigation of complaints regarding unlawful detention and ensure accountability for violations. In addition, a judiciary needs active enforcement of its own orders and punishment against the non-obedience so that the dignity of the system itself is upheld. 

Consequently, the most vexing problem is to strike that proper balance between civil liberty and national security. In case of disturbances to public order or national sovereignty, preventive detention can be justified by authorities under Article 23 of the Constitution. Such measures should be resorted to only in very exceptional circumstances, and when so warranted, the law must ensure proportionality and due process in their application. Clear guidelines defining the extent of powers that can be exercised in the context of preventive detention will mitigate the risk of misuse of those powers, while an independent and regular system of judicial review should be maintained. For constitutional provisions, legislative framework, and compliance with international human rights standards are indicators of the commitment of the state of Nepal to uphold the rule of law and personal liberty. The realization of these safeguards can only be through the vibrant synergy of government, judiciary, civil society, and the citizens of Nepal. Only collective vigilance will make the promise of habeas corpus as an instrument for justice and the curtailing of abuse a reality.

Euthanasia, commonly known as mercy killing, is the act of ending someone’s life to relieve suffering, often for terminally ill patients who are enduring unbearable pain. It raises debates worldwide on the right to die with dignity versus the sanctity of life. 

Euthanasia is generally divided into two main categories: Active Euthanasia, which involves actively taking steps to end someone’s life, such as administering a lethal dose of medication, and Passive Euthanasia, which allows someone to die by withdrawing life-sustaining treatments like ventilators or feeding tubes. It can further be classified as Voluntary, where the patient gives explicit consent; Non-voluntary, when the patient is unable to give consent (e.g., unconscious); and Involuntary, where euthanasia is carried out against the patient’s wishes. 

Several countries have made significant strides in legalizing euthanasia, such as The Netherlands, the first country to legalize euthanasia in 2002 under the Termination of Life on Request and Assisted Suicide (Review Procedures) Act. In this framework, euthanasia is legal if the patient is suffering unbearably without hope of improvement, makes a voluntary and well-considered request, consults a second physician, and follows medical standards. Belgium also legalized euthanasia in 2002, allowing both adults and, under strict conditions, minors to request euthanasia if they suffer from unbearable pain or terminal illness. 

Canada introduced Medical Assistance in Dying (MAID) legislation in 2016, permitting euthanasia for patients who have a grievous and irremediable condition that causes intolerable suffering. The legal framework for euthanasia and the right to die has roots in the broader conversation of human rights. The right to life is a core principle under various international human rights frameworks, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). While these documents emphasize the sanctity of life, some argue that the right to life also includes the right to die with dignity when living becomes unbearably painful, though neither document explicitly mentions euthanasia, leaving room for interpretation by national laws. 

In the context of Nepal, euthanasia is not currently legal. The National Penal Code, 2074 explicitly prohibits euthanasia in any form, classifying intentionally causing someone’s death, including assisted suicide, as murder under Section 184. Passive euthanasia, as well, has no legal standing in Nepal, despite Article 16 of the Constitution of Nepal 2072 guaranteeing the right to life with dignity. However, the article does not clarify whether this includes the right to die with dignity. 

Nepal has yet to engage in a national debate on whether euthanasia should be legalized, and challenges arise from its religious, cultural, and social structures, which view life as sacred and inviolable. A close model for Nepal to consider is India, where euthanasia was illegal until the landmark Aruna Shanbaug case in 2011. 

Aruna Shanbaug, a nurse in Mumbai, was in a vegetative state for over 40 years after being assaulted, and the Supreme Court of India ruled that passive euthanasia could be allowed under certain conditions with court approval. Furthermore, in 2018, the Supreme Court of India allowed living wills or advance directives, permitting people to express their wishes not to be kept alive through artificial means if they become terminally ill or enter a vegetative state. 

Nepal could potentially follow this legal path, permitting passive euthanasia under strict judicial oversight to ensure that the process is not misused and that the patient’s wishes are respected. Euthanasia in Nepal would also need to be examined through the lens of Hinduism, a major religious tradition in the country. Hinduism regards life as sacred but also recognizes the impermanence of the body, viewing death as a transition rather than an end. The practice of Prayopavesa voluntary fasting to death is mentioned in Hindu texts as an accepted practice for those nearing the end of life, suffering from incurable diseases, and who have lost all desire to live. 

Unlike suicide, Prayopavesa is a peaceful and non-violent way of embracing death, typically practiced by saints and monks. However, most interpretations of Hinduism emphasize the principle of Ahimsa, or non-violence, which extends to euthanasia. 

The Manusmriti condemns suicide and any form of unnatural death, as it is believed to interfere with the soul’s journey to the afterlife. Yet, some scholars argue that passive euthanasia, allowing nature to take its course, could align with Hindu principles, particularly when the suffering of the individual is immense. International court verdicts provide insight into the complexities of euthanasia legislation. In the case of Pretty v United Kingdom (2002), Diane Pretty, a woman suffering from a terminal illness, sought the right to euthanasia, claiming that Article 2 (right to life) of the European Convention on Human Rights included the right to die with dignity. 

The European Court of Human Rights ruled that the right to life did not imply the right to die, rejecting her appeal. This case highlights the challenge of balancing individual autonomy with societal norms. Similarly, in Washington v Glucksberg (1997), the United States Supreme Court upheld Washington State’s ban on physician-assisted suicide, ruling that while individuals have rights to autonomy, the state has a legitimate interest in preserving life. However, states like Oregon have since legalized euthanasia under the Death with Dignity Act. 

Nepal would face several challenges in legalizing euthanasia, including its deeply rooted religious and cultural beliefs, as both Hinduism and Buddhism, the major religions in Nepal, regard life as sacred. These traditions view any attempt to end life prematurely as a violation of divine law, with concepts such as Ahimsa and non-violence making euthanasia a sensitive topic in religious discourse. 

Moreover, Nepal’s healthcare system lacks adequate palliative care services, which could ease the suffering of terminally ill patients, raising concerns among euthanasia advocates who argue that euthanasia might be necessary in extreme cases until proper end-of-life care is available. Legal safeguards would also need to be robust, as without proper oversight, there could be risks of abuse, with vulnerable populations like the elderly or disabled potentially facing pressure to opt for euthanasia for the benefit of others. 

Therefore, strict guidelines like those in India or the Netherlands would be crucial. In contemplating the practice of euthanasia, Nepal might first consider the legalization of passive euthanasia under stringent regulations, akin to India’s approach. Allowing passive euthanasia with judicial oversight could offer a balanced approach, preserving the sanctity of life while respecting an individual’s autonomy over their suffering. A key component of implementing euthanasia laws in Nepal would be establishing a clear ethical and legal framework, ensuring oversight by both medical professionals and the judiciary. This would prevent misuse and ensure that terminally ill patients can die with dignity when recovery is no longer possible. 

In conclusion, euthanasia is a complex issue that involves moral, legal, and cultural considerations. While some countries have legalized euthanasia under strict conditions, Nepal continues to prohibit it. However, as demand for compassionate end-of-life care grows, Nepal could consider legal reforms that allow for passive euthanasia, particularly for patients facing unbearable suffering with no hope of recovery. By adopting a careful and culturally sensitive approach, Nepal could begin to address the delicate balance between the right to life and the right to die with dignity.

Language is a system of communication used by humans to express thoughts, emotions, and information. Nepali, Hindi, Marathi, and Maithili are all part of the Indo-Aryan linguistic family. Among these, Maithili has a long history and cultural significance, especially in Nepal and India. It is predominantly spoken in the Mithila region, which includes parts of Nepal and the Indian state of Bihar.

The renowned 14th-century Maithili poet Vidyapati is often considered the founder of Maithili literature. His writings, characterized by deep emotional content and poetic beauty, have left a lasting impact on the language. Vidyapati’s poems of love, devotion, and nature continue to be celebrated for their literary excellence. Maithili, being a highly phonetic language, ensures that its written and spoken forms are pronounced almost identically.

The ancient Maithili script, Tirhuta, has been in use for millennia. While Maithili is now more commonly written in Devanagari, the Tirhuta script remains a symbol of the language’s historical and cultural heritage. Chhath Puja, a festival honoring the Sun God, is a well-known cultural tradition associated with Maithili. During this event, Maithili speakers preserve their cultural legacy by performing rituals and singing traditional songs in Maithili. Additionally, Maithili traditional music and dances, such as Sama-Chakeva and Jat-Jatin, play significant roles in social events and communal celebrations.

Today, Maithili is recognized as one of Nepal’s official languages and is listed in the Eighth Schedule of the Indian Constitution as one of India’s 22 scheduled languages. Efforts to promote the language include publishing Maithili literature, incorporating Maithili into school curricula, and broadcasting Maithili-language television and radio programs. Despite these initiatives, Maithili faces challenges from migration, urbanization, and the influence of mainstream languages like Hindi and English. Nevertheless, the determination and ongoing efforts of the Maithili-speaking community to promote their language through cultural and educational programs offer hope for its survival.

In the Eastern Tarai of Nepal and northern Bihar of India, once known as ancient and medieval Mithila or Tirhut, Maithili is spoken as a mother tongue. The evolution of the Maithili language and literature saw a significant period during the Karnata dynasty (1097-1324). The Bara district, about 30 kilometers east of Birgunj, is home to the remains of the Karnata capital city of Mithila, known as Simaraungadh. This era marked the emergence of modern Maithili.

Nanyadeva, the founder of the Karnata dynasty in Mithila, extended his power into the Kathmandu Valley. His successors continued to expand their military might and influence. Harisinghadeva, the last king of the Karnata dynasty, married Devalakshmidevi (Devaldevi), a princess from Bhaktapur and the daughter of Jayatungamalla. Another significant dynasty was the Sena dynasty of Makwanpur, which began in 1518. The Makwanpur fort, located about 16 kilometers east of Hetauda in the Makwanpur district of the Narayani Zone in Nepal, was central to this dynasty.

Political and cultural ties were maintained between the Mallas of the Kathmandu Valley and the Sena dynasty rulers. Maithili was the official language of Makwanpur, reflecting the interconnectedness of Nepal’s medieval political and cultural landscape. Maithili was evolving in the pre-medieval Karnata era but reached significant development during the later-medieval Sena period. Even the kings of the Kathmandu Valley composed plays and poetry in Maithili, underscoring the language's immense importance.

Although Maithili is the second most widely spoken language in Nepal, it is primarily spoken in the Madhes Province. Historically, it was the official state language throughout the Middle Ages, but its usage has increasingly declined. This decline can be attributed to various factors, including the concentration of political power, the predominance of Nepali, and socioeconomic changes affecting language use and educational practices in Nepal.

The Constitution of Nepal 2015 declares Nepal a multilingual country. Article 6 recognizes all mother tongues spoken in Nepal as national languages, while Article 3 acknowledges the country's multilingual character. Article 7 outlines the official language policy, designating Nepali in Devanagari script as the official language. However, provinces can designate other official languages spoken by the majority within their borders.

The Constitution also emphasizes the right to equality and prohibits discrimination based on language in Article 18. Article 32 guarantees the freedom to use and promote one's native language and culture, and Article 31 ensures every Nepali community the right to education in their mother tongue.

Under Article 287, the Language Commission is established to evaluate mother languages for educational purposes and advise the government on their potential use. Language plays a critical role in personal and societal development, influencing ethnic, caste, and cultural distinctions in Nepal.

UNESCO has long advocated for basic instruction in the home language for educational, psychological, and cultural reasons. Their 1953/1968 report recommended starting education in the mother tongue to bridge the gap between home and school. The 1990 World Conference on Education for All highlighted that literacy in the mother tongue enhances cultural identity and heritage. Despite these recognitions, a significant barrier to using mother languages in elementary education is the lack of instructional resources and textbooks, a pressing issue for Maithili.

Addressing this problem requires deliberate efforts to develop and distribute instructional materials in Maithili. Government programs, non-governmental organizations, and community initiatives should focus on producing textbooks, training Maithili-speaking educators, and promoting the use of Maithili in various educational contexts.

Jewish and Arab cultures are antagonistic and are fighting for control over territory, politics, and social spaces in the Israel-Palestine war, one of the bloodiest and longest. When the British seized Palestine from the Ottoman Empire after World War I, tensions between Arab and Jewish populations grew. The UN recommended Jerusalem as an international metropolis and an autonomous division into Jewish and Arab nations in 1947. The 1948 Arab-Israeli War resulted from the Arab leadership's rejection of the Jewish leadership’s acceptance. With the end of the war came the Nakba, or the displacement of hundreds of thousands of Palestinian Arabs, when Israel was established and the British Mandate was ended.

After the Six-Day War in 1967, Israel captured control of the Golan Heights, East Jerusalem, the West Bank, and the Gaza Strip. Later conflicts in 1956, 1967, and 1973 drastically altered the political and geographical conditions in the area. The Palestinians want a state that includes these regions, and Israel is expanding settlements there, which is against the Fourth Geneva Convention. These lands are still crucial to the struggle that has been going on for years. Since 2007, the Gaza Strip has been subject to a blockade that drastically restricts movement and economic activity, resulting in appalling living circumstances. The barrier is partially managed by Israel and restricted by Egypt. International Humanitarian Law prohibits a blockage as a form of punishment (IHL).

Numerous Israeli military operations, including Operation Protective Edge (2014), Operation Pillar of Defense (2012), Operation Cast Lead (2008), and Operation Guardian of the Walls (2021), have caused a great deal of property loss and deaths among civilians. Palestinian negotiations are made more difficult by the ideological divide between Hamas in Gaza and Fatah in the West Bank. IHL, which includes the Geneva Conventions, limits specific weapons and strategies and establishes guidelines for the treatment of injured, non-combatants, and prisoners of war. However, because civilian immunity is frequently broken due to the Israel-Palestine conflict, IHL application is complicated. For example, during the Gaza operation in 2014, nearly 2,100 Palestinians, primarily civilians, lost their lives, while Israeli civilians were also targeted by rocket assaults. Human shields have been suspected of being utilized by both sides.

Life in Gaza is badly impacted by problems including poverty, unemployment, and insufficient health supplies. The blockade and shelling of Gaza may be seen as collective punishment, which is prohibited by international humanitarian law. There are administrative and political obstacles in the way of international courts and organizations like the ICC pursuing justice. Along with larger regional crises like those between Israel and Iran, Neighboring nations like Jordan, Lebanon, and Egypt which are home to a large number of Palestinian refugees are also impacted.

With Hamas, Islamic Jihad, and Hezbollah in Lebanon backing violent activities and radical organizations in Israel encouraging militant attacks against Palestinians, the conflict’s intensification in the absence of political solutions has resulted in radicalization and terrorism. The effectiveness of international organizations like the UN and ICC in upholding international law and human rights is called into doubt by this circumstance. The US’ support of Israel and the Arab and Muslim world’s backing of Palestine polarize international collaboration on unrelated matters. It requires recognition, negotiations on topics like boundaries, the status of Jerusalem, security, and refugees, as well as assistance from international players like the US, EU, and regional organizations.

In order to provide basic necessities through the UNRWA and restore destroyed areas, humanitarian actions are critical for the suffering people. After 271 days of fighting, Gaza residents still lack access to essential supplies like food and water, as well as their homes and family. A million people in northern Gaza are said to have been ordered to evacuate, and Israel declared more evacuations in Khan Yunas and Rafah.

People who have moved around a lot say they want peace in the middle of all the conflict. Thousands have started to leave Khan Yunas as a result of Israeli military measures, which have affected 250,000 residents in southern Gaza. Even after guarantees regarding the European hospital in Khan Yunas and other declarations from Israeli authorities, medical facilities remain overcrowded and dangerous. Thousands of people have been forced to flee their homes and schools, and more than 15,000 children have died as a result of the fighting, which has also destroyed homes, hospitals, and other buildings. Gaza’s infrastructure has been severely damaged by the ceaseless bombing and military operations, which have also killed civilians including journalists and made the humanitarian situation worse.

Israeli officials continue to justify military actions as necessary for dismantling terrorist infrastructure, but the ongoing violence and civilian suffering highlight the need for a humanitarian and political resolution. The UN and international community face challenges in addressing the conflict, with calls for peace overshadowed by the relentless cycle of violence and displacement.

Prabin Kumar Yadav

BA LLB 

Kathmandu School of Law

Nepal’s economy has always been based on agriculture, which is also a significant component of its rich cultural legacy. The bulk of the people of this landlocked South Asian country depend primarily on agriculture for their means of subsistence. Around 65 percent of people are engaged in agriculture in Nepal as their main profession. 

The agricultural diversity in Nepal is a result of the country’s geographical diversity, which includes a wide range of temperatures and altitudes. The diverse landscapes of Nepal, which range from the fertile Tarai plains in the south to the rugged Himalayan mountains in the north, provide a foreground for a variety of crops and farming methods. Among the basic crops planted here are rice, wheat, maize, millet, barley and potatoes. Cash crops including tea, coffee, sugarcane and various fruits are also grown. Cattle, poultry and yak herding are examples of livestock farming, which makes a considerable contribution to the agricultural industry.

It is impossible to exaggerate the value of agriculture to Nepal’s economy. Almost two-thirds of the nation’s workforce is employed in it, giving the vast majority of people a means of subsistence. Also, the GDP of Nepal is mostly derived from agriculture about one-third.

In addition, the Constitution of Nepal has enlisted agriculture in the Directive Principles, Policies and Obligations of the State. Article 51 (e) Policies relating to agriculture and land reforms. Its objective is to implement scientific land reforms to benefit farmers and eliminate dual land ownership, encourage land pooling to boost productivity and discourage idle land ownership. It also aims to promote land management, commercialization, industrialization, diversification and modernization of agriculture while protecting farmers’ rights. Additionally, the policy talks about regulating land use based on factors like productivity, land type and ecological balance while ensuring farmers have fair access to agricultural inputs, products and markets.

As we see in India, With the help of cutting-edge farming innovations like the Green Revolution and genetically modified crops like Bt Cotton, India’s agricultural sector transformed from a food-deficit country into a major agricultural producer, boosting both farmer income and economic growth. Likewise, China’s extensive modernization of agriculture, which includes the use of GM crops and cutting-edge equipment, emphasizes the importance of government support in enhancing agricultural output and promoting economic growth. With the help of programs like the ATA, Ethiopia’s tech-driven agriculture is increasing production, luring investment, and boosting economic growth while also raising food security and job possibilities.

With a 34 percent share, agriculture contributes to about one-third of the nation’s GDP. When it comes to agricultural land, the Tarai makes up 60 percent of all agricultural land in Nepal. In Nepal, there are numerous huge, regularly flowing rivers, making irrigation facilities for agriculture readily available. The rivers in Nepal are capable of irrigating 6.5 x 10 power six hectares, according to estimates. This exceeds our six hectares (3.8 10 powers) of agricultural land.

International organizations and development groups help Nepal’s efforts to modernize its agriculture. Due to their close ties, nations like India and China have contributed significantly to the development of Nepal’s agricultural industry. Additionally, international collaborations, like the one with the Food and Agriculture Organization (FAO) of the United Nations, have been crucial in providing technical know-how and financial support.

Nepal’s economy, especially the agriculture sector, has been significantly impacted by the Covid-19 pandemic. Using cutting-edge farming technology can be very beneficial to the nation’s economic growth. The necessity of investing in agricultural innovation and technology to boost productivity and income is highlighted in the World Bank report ‘Harvesting Prosperity: Technology and Productivity Growth in Agriculture’. The research proposes that harnessing the significant potential gains in agricultural productivity and income can be facilitated by increased investment in new knowledge and its implementation.

Despite covid-related lockdowns, the US Agency for International Development (USAID) has been offering farmers and micro-, small- and medium-sized enterprises (MSMEs) technical support, high-quality inputs, and enhanced market linkages. These efforts have resulted in agricultural produce sales exceeding $256,000,000 in 2021—a five percent increase from 2020.

An $80m Rural Enterprise and Economic Development Project has been agreed by the World Bank and the Nepal government to support the country’s agriculture industry and accelerate post-pandemic recovery. Through the support of rural businesses and the creation of local jobs and possibilities, the project seeks to revolutionize Nepal’s agriculture industry. The agriculture industry in Nepal can become more robust and productive with the use of cutting-edge farming technologies, which will promote long-term economic growth and development.

In order to boost productivity and economic growth in agriculture, technology and innovation are crucial, according to the World Bank research ‘Harvesting Prosperity: Technology and Productivity Growth in Agriculture’. The paper places a strong emphasis on the necessity of public funding for research and development to increase productivity, new technology investment for growth, and trade and intellectual property rights legislation to foster innovation.

A number of agriTECHs in Nepal are using cutting-edge digital technologies to revolutionize agriculture. For example, the private sector collaboration with Nepali cooperatives, funded by Feed the Future, offers 200,000 farming households in 25 districts access to machines and training. In a similar vein, contemporary agricultural technology gives farmers the ability to lower labor costs and boost output.

In conclusion, Nepal is mostly dependent on agriculture, which employs 65 percent of the country’s workforce and makes a major GDP contribution. The diversified topography of the nation supports a wide variety of crops, although the agricultural industry suffers difficulties, most notably in the wake of the Covid-19 pandemic. With the help of international partnerships with China, India and the Food and Agriculture Organization, Nepal is actively implementing cutting-edge farming technologies to get over these obstacles and promote long-term economic growth. The World Bank emphasizes that in order to promote agricultural innovation, public investment for research, technology and laws are necessary. Together with initiatives like the Rural Enterprise and Economic Development Project, initiatives from the World Bank, USAID, and agriTECHs demonstrate a commitment to modernizing Nepal's agriculture and promoting hope for a more resilient and productive sector that will advance the country’s economy as a whole.

The author is pursuing BA LLB at Kathmandu School of Law 

Karl Marx, a 19th-century political theorist, economist, and philosopher, laid the groundwork for a profound exploration of societal development and human nature. His comprehension of these fundamental facets of human existence wielded a significant influence on global political movements, revolutions, and scholarly discussions.

According to Marxist Views on Human Nature, Marx’s philosophy accentuates the dynamic interplay between individuals and their social milieu, challenging traditional conceptions of human nature. Marx rejected the idea that human nature is static and unchangeable, instead positing that it is a product of historical and material circumstances. He argued that an individual’s traits and behaviors are shaped by social interactions within prevailing economic and social systems, inherently emphasizing the social aspect of human nature.

When considering Nepal, Marxist ideology contends that human nature is not fixed but rather molded by social interactions and material conditions. Examining Nepal’s historical evolution from feudalism and monarchy to its transition into a republic in 2008 provides insight into Marxist perspectives on human nature and societal change.

Marxist theory underscores the importance of class conflict in driving societal transformations. The Communist Party of Nepal (Maoist) led a prolonged armed rebellion spanning a decade, aiming to overthrow the monarchy and establish a republican governance structure. This insurgency successfully achieved its objectives, leading to the abolishment of the monarchy and the establishment of a republic in Nepal.

Marxist theory posits that humans inherently possess a drive towards creativity and productivity, traits stifled by capitalist modes of production. The exploitation of workers in sectors like agriculture and manufacturing in Nepal has resulted in widespread poverty and inequality.

How does Marx’s claim that human nature is a function of social relations and material circumstances relate to Nepal’s historical transition from feudalism to republicanism?

The transition in Nepal’s historical trajectory from feudalism and monarchy to a republic aligns with Marx’s beliefs regarding human nature. The pivotal moment of ending the monarchy in 2008 marked a significant turning point, propelled by evolving social relationships and material circumstances. The Marxist perspective can offer valuable insights into interpreting this transformation as a consequence of shifting socioeconomic systems and the evolving roles and responsibilities of individuals within the societal framework.

How did the Communist Party of Nepal (Maoist) utilize Marxist theory throughout the armed revolt, and how did the successful abolition of the monarchy correspond with Marxist concepts of societal transformation through class conflict?

The Maoist insurgency in Nepal represented a practical application of Marxist theory, specifically highlighting the significance of class conflict. This uprising, spearheaded by the exploited working class, aimed to dismantle the feudal and monarchical structures perpetuating injustice. The successful removal of the monarchy and the establishment of a republic supported Marx’s assertion that societal revolution is achievable through the resolution of class conflicts.

Regarding Marx’s analysis of Capitalist Modes of Production and Exploitation, Marxist theory contends that capitalism stifles inherent human creativity and productivity. In Nepal, this perspective is observable in the exploitation of workers, particularly in sectors like agriculture and manufacturing, leading to widespread poverty and inequality.

How does the Marxist criticism of capitalist forms of production correlate with the socio-economic issues faced by Nepal, notably in terms of worker exploitation in agriculture and manufacturing?

The Marxist critique resonates deeply within Nepal’s socio-economic landscape, where exploitative practices in agriculture and manufacturing significantly contribute to widespread poverty and inequality. By examining these issues through a Marxist framework, one can comprehend the structural factors that limit human creativity and productivity, aligning with Marx’s theoretical perspective.

How does Alienation in capitalist societies affect human fulfillment? 

In his early writings, Marx posited that labor stands as the fundamental creative and productive force inherent in human nature, enabling individuals to alter their surroundings. However, he argued that within capitalist institutions, this productive potential becomes distorted and alienated. People experience a sense of estrangement not only from one another but also from the labor process itself and the fruits of their labor. Marx maintained that the pivotal characteristic of capitalist systems is this alienation, shaping human nature in manners that hinder genuine human fulfillment.

Marx on societal change and historical materialism

Marx’s theories of historical materialism are intricately intertwined with his viewpoints on social transformation. He posited that alterations in the material conditions of production exert a profound influence on the progression of civilizations. Marx contended that these changes serve as catalysts, ultimately driving transformations in institutions, interpersonal relationships, and the entire socioeconomic system.

Is Marx’s critique of capitalism still relevant today?

Marx’s critique of the inherent contradictions within capitalism and his emphasis on the exploitation of the working class significantly shaped discussions about societal institutions. However, considering the globalized and highly developed nature of modern capitalism, there arises a question regarding the ongoing relevance of Marx’s criticisms in today’s world.

Is it still possible to apply Marx’s fundamental contradictions to today’s complex economic and social systems?

Marxist perspectives on societal change underscore the crucial role played by the superstructure and ideology in upholding the dominance of the ruling class. Friedrich Engels and Karl Marx posited that the prevailing ideologies within any society typically align with those of the ruling class. This implies that the dominant ideology contributes significantly to legitimizing and sustaining the existing social order through cultural norms, religious beliefs, and political institutions.

Within capitalist societies, the superstructure operates to safeguard bourgeois interests. Marxist theorists argue that the media, educational systems, and cultural establishments wield considerable influence over people’s consciousness, serving the interests of the ruling class. Since the creation of a new social order necessitates the overthrow and replacement of the current superstructure, overcoming these ideological pressures becomes a crucial aspect of effecting societal change.

Is a classless, socialist society a realistic vision for the future? 

Marxist theories concerning human nature and social transformation have encountered challenges and criticisms despite their significant impact. Detractors argue that Marx’s deterministic view of history oversimplifies the complexities inherent in society’s development and overlooks non-economic motives, cultural influences, and individual agency. Moreover, the practical implementation of Marx’s theory in various historical contexts has led to authoritarian regimes and unsuccessful endeavors aimed at establishing the envisioned classless society.

The contemporary landscape of the capitalist system is characterized by international integration and technological advancement. This has prompted some scholars to question the relevance of traditional Marxist interpretations in the twenty-first century. The intricacies of modern social systems, the rise of information-based economies, and the fluidity of capital present new challenges that might necessitate adaptations to the conventional Marxist paradigm.

How can societies overcome the ideological influences of the ruling class?

The discourse on ideology and superstructure highlights the role of media, educational institutions, and cultural entities in aligning with the objectives of the ruling class. This prompts the question: How can societies confront these deeply embedded ideological influences to effect substantial social change? What strategies are necessary to challenge and transform existing superstructures toward a more egalitarian social order?

In conclusion, Marx’s enduring influence in comprehending human nature, societal transformations, and critiques of capitalism remains evident in Nepal’s historical transitions and present-day challenges. Employing a Marxist perspective enables a clearer understanding of class conflicts, exploitation of workers, and the shaping of societal ideologies. The pursuit of social justice and equality underscores the ongoing relevance of engaging with Marxist concepts to mold the future, despite persistent doubts about the applicability of Marx’s theories in our intricate, modern world.

The author is pursuing BA LLB at Kathmandu School of Law 

The political philosophies and economic ramifications of communism have long been the focus of intense discussion and analysis. But another equally important, though occasionally disregarded, aspect is the influence of communism on education. It raises the question: Does implementing communist ideas in education actually promote liberation, or is it just propaganda?

Historical perspective

The socioeconomic disparities brought about by the industrial revolution gave rise to communism as an ideology. Proposing the elimination of private property, class divisions, and the creation of a classless society, communism aimed to construct a system in which resources and wealth were shared among all. The relationship between communism and education has a long history, as seen by the emphasis placed by prominent communist leaders like Karl Marx on the importance of education in forming social consciousness.

Marx claimed that in a communist society, education ought to be a means of emancipation, enabling people to engage in critical thought and actively contribute to the collective's future developments. Early 20th-century communist groups, particularly those in the Soviet Union and China, instituted educational reforms with the goal of ending illiteracy and giving everyone access to equal educational possibilities.

The potential liberation in education

The notion that all people should have access to high-quality education, regardless of their socioeconomic status, is one of the core principles of communism. Theoretically, a communist educational system would eradicate differences in access to education and promote a society in which a person’s potential is unrestricted by their financial or social status.

Furthermore, communism emphasizes the growth of a communal consciousness and critical thinking. The goal of a communist educational system would be to develop people who actively participate in society politics, question established norms, and confront injustices. In this way, education turns into a liberating tool that breaks down the barriers of conventional hierarchies and motivates people to work for the welfare of society.

Communist educational systems frequently place a high priority on vocational training with the goal of supplying people with useful skills that advance the welfare of the group as a whole. By bridging the knowledge gap between theory and practice, this method aims to equip people to actively engage in a society where everyone is involved in both production and government.

Country’s like the Soviet Union (Former Russia), Cuba and China have practiced communism and education with their own way and needs as Karl Marx and Friedrich Engels mentioned in ‘The Communist Manifesto.’

The Soviet Union, which offers a striking historical example of the blending of communism and education, engaged in the practice of propaganda and indoctrination from the 1920s to the 1980s. During this time, the education system was transformed into a potent weapon for advancing the communist ideology. Under Vladimir Lenin’s direction, the Soviet Union’s early years saw drastic changes to education aimed at producing a ‘New Soviet Man’ who personified communist principles.

Marxist-Leninist ideas, which emphasized the benefits of collectivism, class conflict, and communism’s ultimate victory, had a strong influence on the curriculum. Even as the percentage of literacy increased dramatically, political indoctrination found its way into the school system. Pupils were taught a rewritten history that frequently ignored opposing viewpoints and exalted the accomplishments of the Communist Party.

Likewise, opposing opinions were silenced, and teachers were under pressure to follow party lines. Instead of encouraging critical thought, the educational system started to inculcate state loyalty. This is a prime example of how communism in education changed from being a liberating force to a propagandist and ideological conformity weapon.

Has a balance seems to be achieved in Cuba from the 1960s until now? Cuba offers a more complex illustration of the relationship between communism and education than the Soviet Union did. In an effort to end illiteracy and establish a more egalitarian society, Fidel Castro's government carried out extensive educational reforms after the Cuban Revolution of 1959.

High rates of literacy and universal access to school are two major accomplishments of Cuba's educational system. Marxist ideas are incorporated into the curriculum, but civic education and critical thinking are also prioritized. In order to promote a balance between society norms and individual freedoms, students are encouraged to challenge authority and participate in conversations concerning societal issues.

China’s experience with communism has evolved significantly from the 1950s to the present, especially in the post-Mao era. Under Mao Zedong’s leadership, political dogma dominated the curriculum and education was strictly regulated. Intellectual freedom was suppressed and school closures resulted from the Cultural Revolution’s increased use of ideological indoctrination.

China’s educational scene has seen significant changes since Mao. A change in priority was brought about by Deng Xiaoping’s economic reforms in the late 20th century, which placed more emphasis on technology developments and skill development. Although the Communist Party still maintains a large amount of influence, there has been a steady openness to other ideas and a diversification of the curriculum.

Strong rivalry and social pressure are two issues that the Chinese education system is currently facing. Critics claim that the focus on memorization and exam-focused education hinders critical thinking and creativity. The constant battle to find a balance between emancipation and conformity within the educational framework is highlighted by the conflict between conventional communist beliefs and the demands of a quickly changing global economy.

Concerns and criticisms

Communist ideas have been heavily criticized in education, notwithstanding any possible advantages. The possibility of indoctrination and the repression of personal freedom are two main causes for concern. Critics contend that a communist educational system may suppress dissent and restrict students’ intellectual growth by placing a higher priority on ideological conformity than intellectual diversity.

Communist educational programs have historically been implemented, especially in nations like China and the Soviet Union, which is the subject of another critique. Critics cite examples where education was used as a vehicle for political indoctrination, producing a narrative that suited the ruling party’s objectives instead of encouraging serious intellectual inquiry.

Also, it is imperative to acknowledge the pragmatic obstacles associated with the extensive establishment of a communist school system. The distribution of resources, the function of educators, and striking a balance between the rights of the individual and the interests of the group are all difficult issues that require serious thought.

Emphasizing the significance of striking a balance between communal values and individual liberties is essential to addressing the issues surrounding communism in education. In addition to upholding a dedication to social fairness and equality, a successful communist educational system should work to foster critical thinking, intellectual variety, and a sincere desire for knowledge.

Transparency and inclusion are also crucial for developing a communist educational system that stays clear of propaganda’s traps. Instead of just encouraging pupils to follow a predetermined ideology, an educational atmosphere that fosters autonomous and critical thinking can be established via open conversation, respect for differing viewpoints, and a dedication to intellectual freedom.

In conclusion, there are legitimate issues as well as the possible advantages of communism in education. It’s a complicated and varied relationship. Even while communism aims to eliminate socioeconomic inequality, its application in education must be carefully considered to avoid the traps of ideological indoctrination and propaganda.

In a time when education is significant in determining how societies will develop in the future, it is important to investigate how communist ideas may support people’s liberation while upholding the ideals of diversity and intellectual freedom. Realizing the potential advantages of a communist educational system requires striking a balance between individual liberties and social values without compromising the values of critical thinking and intellectual inquiry.

The author is a law student at the Kathmandu School of Law

In the bustling political landscape of developing countries like ours, where the journey toward progress and development is often fraught with obstacles, the blame for their misfortunes and under-development is regularly directed at politicians. The media, civil society, intellectuals, and citizens have found it easy to hold politicians responsible for the nation’s woes. However, amidst this blame game, few pause to ponder why the nature of Nepali politicians has evolved into what it is today. 

Historical progression of Nepali consciousness

Following the above proposition, we must wonder why do politicians seem immune to accountability for their actions? As we point fingers at the much-maligned ‘evil game of politics,’ we must introspect and question whether the blame solely lies with politicians or whether we, the citizens, intellectuals, civil society, and democracy-supporting taxpayers, also bear some responsibility.

The roots of this complex dilemma may be found in Nepali society’s long-standing predisposition toward acceptance, notably in the arena of politics. Throughout history, when dynasties changed hands or power shifted between ruling families, the people of Nepal largely accepted these transitions without much resistance. From the reign of Amshuverma in 605 to the complex rule of multiple kings during the Dark Ages, the populace often embraced political changes without questioning their legitimacy. Even when Nepal was divided into three kingdoms by the sons of Yaksha Malla, the citizens accepted this division. From the conquest of Kathmandu by Prithvi Narayan Shah to the tragic assassinations of Prime Minister Ranoddip Singh and the ruling monarch in 2001, the nation’s people have repeatedly surrendered to oppressive forces and violent upheavals. This distressing consciousness of acceptance has hindered their ability to challenge authority and demand accountability. While resilience is commendable, an excessive inclination toward acceptance has stifled progress and perpetuated a cycle of subjugation. Such historical examples of complacency with political events beg the question: does this passive acceptance still hold sway in modern-day Nepal and is it the cause of the lack of political accountability?

Scholars like Dor Bahadur Bista have argued that this seemingly pessimistic tendency to accept the status quo in Nepali society stems from a fatalistic thought pattern. This attitude may have become ingrained in the psyche of the people over the ages, influencing their approach to politics as well. 

Comparing this with a recent event in France, where the introduction of the Social Security Financing Act in 2023 sparked massive revolts, sheds light on the hypocrisy of democracy. While the French people are politically literate and active, the situation in Nepal reveals a different reality, one marked by political inaction and apathy. Three important revolutions stand out in Nepal’s history: the Revolution of 1951, the People’s Movement I, and the People’s Movement II. All of these movements were carried out under the auspices of political parties. Beyond these revolutionary moments, there has been a lack of significant leadership by the people themselves. This begs the question: why have the citizens not taken more initiative in shaping their political landscape? The answer lies in the lack of extremism among Nepali citizens, coupled with the two-faced role played by relevant professionals in the country.

Nepali citizens have often been politically inactive, yet they remain steadfastly critical of politicians. The historical backdrop and socioeconomic elements at work have influenced people’s consciousness. The lack of widespread political literacy, coupled with economic struggles, has contributed to this passive approach to politics. As a result, the blame is consistently placed on the politicians without fully understanding the underlying complexities and systemic issues. In other words, the public or even the national consciousness of Nepal, through historical evolution has failed to materialize into a unified voice. 

Surprisingly, despite widespread dissatisfaction with the political situation, the voter turnout in Nepal has been shockingly high in comparison with other countries. This apparent contradiction is a reflection of the larger problem at hand. Citizens are disillusioned and distrustful of the political process as a result of the distance. As a consequence, many Nepalis feel that their vote may not truly bring about any change, leading to voter apathy.

A modern retrospection of role of Nepalis

In the contemporary context, Nepal has made significant strides toward democracy, embracing the principles of representation and participation. People have the right to vote, to express their views, and to express their concerns. The evolution of democracy has opened avenues for more active political engagement, challenging the notion of fatalism in politics.

Despite these democratic advancements, the accountability of politicians remains elusive. Politicians may indulge in corrupt practices, break promises, and act in their self-interest without fearing the repercussions from the public. This lack of accountability has led to disillusionment and mistrust among citizens.

While democracy is celebrated for empowering citizens, it can be disheartening when elected officials betray the trust bestowed upon them. The blame for this hypocrisy cannot solely rest on politicians; the onus is also on us, the citizens. As democracy-supporting taxpayers and development-wishing individuals, we must recognize our role in the system. Our responsibility doesn't end with casting our votes during elections; it extends to holding elected officials accountable throughout their term. We must actively participate in the political process, staying informed about policies, demanding transparency, and questioning decisions that affect our lives.

Apart from the citizens, the responsibility of checking politicians also lies with relevant professionals and organizations in Nepal. These individuals and groups are often found to play a dual role, pledging to support the common people but also maintaining close ties with the political elite. This collusion not only perpetuates the status quo but also erodes public faith in the possibility of positive change. Hence, in an atmosphere where the populace are cultivating skepticism toward its political establishment, the civil society and other professions, to prevent their reputation from getting tarnished, applied a path of neutrality and inaction. In a paradoxical manner, the citizens increasingly turn to civil society organizations, hoping to find a voice that echoes their concerns and aspirations in politics. While some civil society groups indeed work tirelessly to address public grievances, the broader landscape reveals that they are equally intertwined with political parties.  

To comprehend the situation better, it is essential to consider Nepal’s unique historical context. Nepal was ruled by monarchs until 2008, with limited political space for ordinary citizens. The transition to democracy brought hope, but it also introduced its share of challenges. 

A complex web of political interests and power struggles emerged, hindering the progress of the nation. So, democracy, while celebrated for its principles of equality and representation, can sometimes become a bitter pill to swallow for developing countries like ours. The demands of democracy require political parties to appease different groups and garner support, leading to compromises that may not always align with the broader interests of the nation. 

The recent incidents such as the passing of MCC has added yet another layer of doubt in the minds of the public toward their political leaders, further intensifying their distrust in the political system. This raises concerns about Nepal’s progress toward becoming a fully democratic nation. Evidently, the Nepalis seem to be unaware of the potential power they possess in shaping the government’s decisions. Centuries of living under monarchy and autocratic rule have seemingly ingrained a sense of suppression, preventing the realization and utilization of their inherent influence.

Nepal’s struggle with political apathy can be mitigated through increased political literacy. To be able to make wise judgments, citizens must be equally informed on the complexities of governance, policy-making, and the duties of elected officials. This will enable them to close the gap between expectations and reality and make politicians responsible for their actions. Similarly, civil society, intellectuals and other concerned professionals must proactively distance themselves from political affiliations to regain the trust of the people they aim to represent. Hence, Nepal’s path to genuine democracy and effective governance is heavily reliant on striking a harmonious balance between political leaders and civil society. 

Conclusion

Politicians are a product of our society, despite the fact that we often blame them for the problems our country is facing. Nepali politicians are woven into the very fabric of our culture, values, and aspirations; they do not exist in a vacuum. Therefore, we must rise above the blame culture and collectively work toward building a more accountable political system. The blame placed solely on politicians for the challenges faced by developing countries like Nepal reveals the hypocrisy of democracy. While politicians undoubtedly hold a share of responsibility, the citizens, relevant professionals, and organizations also have vital roles to play in shaping the nation’s destiny.

A thriving democracy requires political literacy, improved civic engagement, and increased responsibility. If Nepal can recognize these factors, we can move past its current state of political indifference and toward a more affluent and egalitarian future. The trip may be difficult, but with teamwork and accountability, we can create the way for genuine progress and development.