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It is aptly said, ubi societas ibi jus, i.e., where there is society, there is law. The question as to who uses the machinery of law and for what reasons, continues to be debated upon. Still, the end of law is to secure human justice, rather than ideal justice. From one perspective, the Constitution of Nepal, loaded with democratic principles that have potential to help the country thrive on the path of sovereign democracy, prosperity and tranquility, may be taken as an abstract body of rights and duties. From another perspective, it’s a document of social process, balancing conflicting interests. After all, concepts like federal democracy, independent judiciary, non-discrimination in private and public life, civil supremacy, and judicial review are basic tenets of our constitution. Progressive features  Immanuel Kant says laws are a sum total of conditions under which the personal wishes of one man can be combined with the personal wishes of another man in accordance with the general law of freedom.  Duguit, a jurist of Sociological School of Jurisprudence, argues that law can exist when people live together. The drafters of the constitution have ensured that everyone receives an equal share in our democracy without any distinctions and this conception is in recognition of Aristotle’s distributive justice. Under the new constitution, Nepal’s federal structure is merited with a development that divided the country into seven provinces, with clear lists of legislative powers for the central, provincial and local governments. It sets aside 33 percent of parliamentary seats for women, which is a major breakthrough. The Constitution of Nepal became the first country in Asia to explicitly recognize the rights of Lesbian, Gay, Bisexual and Transgender (LGBT). The provision of right to equality clearly states that no discrimination shall be made along the lines of sex, or sexual orientation as well. Under the scheme of the new constitution, victims of environmental pollution have a fundamental right to receive compensation from the polluter. Also, it has been provisioned that citizens with disability and economically poor conditions shall have the right to free higher education. These schemes are incorporated to promote equity and equality both, for garnering constitutionalism. Yet, notably, the constitution was passed amidst intense polarization in the Nepali society. The Madheshi leaders protesting against the constitution had enjoyed vital governmental positions. This shows their dishonesty and power greed. Roscoe Pound, who propounded the theory of social engineering, believed that law must be stable, yet it cannot stand still. In Keshvanand Bharati v the State of Kerala (1973), the Supreme Court of India held that the word ‘amend’ implied that “while any piecemeal change may be made, the old constitution cannot be totally destroyed or so radically changed as to lose its identity; the basic features cannot be amended.” The court further held that the original constitution can be amended, subject to basic features, but cannot be repealed. In fact, no rule can provide for every possible situation. Amendments, not repealing of laws, could be an answer to probable issues. From fundamental rights to federal principles, these provisions clarify that Nepal’s constitution is one of the progressive documents. The charter aims to promote equality, fraternity, liberty and equity. This message needs to be communicated across the country. Communicating with the Charter Nelson Mandela has said, “If you talk to a man in a language he understands, that goes to his head. If you talk to him in his language, that goes to his heart.” It’s high time that the government distributed free copies of the constitution in different regional and local languages. Such an attempt would be a milestone in the healthy development of mother tongues. For instance, the government could translate the constitution in Maithili and Bhojpuri languages for the Madhesh province. If the constitution is communicated in regional languages, it would help the people understand the constitutional provisions in the language they understand. It’s worth remembering that the Madheshi activists, who had protested against the constitution and later bagged vital government positions under the same constitutional mandates, had “interpreted” the constitutional provisions in Maithili and Bhojpuri languages to seek solidarity of the people in their protest against the statute. Fundamental duty of citizens Our constitution under Article 48 lays down fundamental duties on every citizen to abide by the constitution and the prevailing laws of the land. Under this mandate, the government as well as private persons have to compose their functions in accordance with the procedure established by the constitution. This concept of fundamental duty is not a noble one. The fundamental duties were inserted in the Indian constitution through 42nd amendment in 1976, upon the recommendation of the Swarna Singh Committee. Article 51A of the Indian charter embodies 11 duties, including the duty to abide by the constitution and to protect as well as improve the natural environment. The 11th duty—duty of parents to educate their children—was inserted through 86th amendment of 2002. The Constitution of China also bears testimony of the fundamental duties in various Articles under the chapter of Fundamental Rights and Duties’, including, the duty of the citizens of the People’s Republic of China to work (Art 42); rights and duty to receive education (Art 46); duty to safeguard national unity (Art 52); and duty to pay tax (Art 56). Although the Universal Declaration of Human Rights (UDHR) concentrates on rights of every person by virtue of being human being, Article 29 says that the corollary of the rights is duties. The provision (i.e., Art 29) talks about the duty towards the community. Implementation matters Nepal’s constitution is a bag of progressive provisions. However, the problem lies in implementation of the provisions. HLA Hart, a jurist of the analytical school of jurisprudence, says: enactment of law is one thing, while implementation is the other. Jeremy Bentham believed that the role of law should be to increase happiness and decrease pain, pointing: Law should ensure maximum happiness for the maximum number. This cannot happen unless the constitution is implemented in its letter and spirit. For instance, the theory of polluter pays principle (PPP), recognized under Article 30 of the constitution, would remain on paper unless the state succeeds to guarantee a breath of fresh air to all and inflict a penalty against the polluters. Also, the concept of equity and equality would remain limited to black letters of law unless the mechanisms of positive and protections discriminations are duly implemented. Everything is within the constitution and that too in the codified form. The only thing left is to implement it. We, the people of Nepal, deserve to have employment, proper healthcare at affordable cost, quality education, and quality foodstuffs as a matter of right, because our constitution guarantees that. Mere enactment of cosmetic laws would not give a desired result unless they are implemented. Leaders should live with promises The Pandora of promises should be cherished by the newly-formed government. The political parties had shown ambitious plans and policies for the people. Interestingly, their lofty plans were in recognition of the constitution. It’s high time for the government to implement the constitution in its letter and spirit, for the Himalayan Republic deserves development, peace and prosperity. No country could ever grow with a tendency of sidelining the constitutional mandates. After all, our constitution is a living document promoting social transformation. Now, it’s time to live with it.

The word ‘Swasthani’ is a combination of swa, sthana and i. In short ‘swa’ means one’s self; ‘sthana’ means location, mainly spatial and sometimes temporal or even contextual; and the suffix ‘i’ here converts a word into feminine form. Looking at the name of the book, Swasthani is addressed as ‘Sri’, a polite form of addressing an individual. ‘Sri’ has multiple meanings, including the supreme consciousness, the goddess of prosperity and wealth. The Vedas consider ‘Sri’ as Goddess Parvati, the consort of Lord Shiva. It is interesting that Goddess Parvati herself worshiped and pleased Sri Swasthani to get married to Mahadeva (Lord Shiva). The Vratakatha cites this phenomenon many times to convince the sufferers that their salvages lie in the vratas and worships dedicated to Sri Swasthani. Aryan-Mongoloid interactions The Aryans are believed to have developed Sanatana dharma, the righteous way of life, long before entering Bharatavarsha. But legends indicate that they confronted the Mongoloids, and after some interactions they recognized Shiva as Mahadeva, one of the major Trios of the Godhead. Two clues hint at Shiva being a Mongoloid. Firstly, Shiva is worshiped as Kiranteshwar Mahadeva, Kirants being a Mongoloid ethnic group. Second, the abode of Shiva is in Mount Kailash, an area from where some Mongoloids are believed to have come to Nepal. Historically, from the southern flanks of the snow-capped mountain ranges—the Hindu Kush to the Himalayas—formed interfaces where the Aryans met the Mongoloids. This is demonstrated by Dakshaprajapati’s objection to marrying off eldest daughter Satidevi to Mahadeva (Lord Shiva) as Shiva was ‘far inferior’ to other deities his daughters were married to. Not only social interactions but also deep acceptance of each other had developed between the Aryans and the Mongoloids. There was deep friendship between the Aryan Vishnu and the Mongoloid Shiva (Mahadeva). Desirous of marrying Satidevi but being rejected by her father Daksha, Mahadeva visits Vishnu’s abode (Baikuntha) and asks the latter to act as a matchmaker. Vishnu  promptly visits Daksha. Vishnu says he has come to beg for something, and he would express his desire only if the host promised to fulfill it. After Daksha’s affirmation, Vishnu expresses intent to marry Satidevi. Daksha unwillingly gives his nod, asking  Vishnu  to come with his kin and well-wishers on an auspicious day, and take Satidevi as his bride. Vishnu informs Mahadeva that the mission may succeed, although he himself had to ask for Satidevi’s hand. Vishnu instructs  Mahadeva to appear as an old hermit at the time of Kanyadana (gifting of the girl), ask for alms and threaten to curse both the giver and the receiver if Kanyadana is proceeded without giving him alms. Vishnu would then explain the auspicious moment of Kanyadana would end soon and ask Mahadeva not to spell a curse, offer the alms after the Kanyadana and invite the latter to sit with him. At that very moment, Vishnu would play a trick and make Daksha put Satidevi’s hand into Mahadeva’s. Delighted, Mahadeva follows Vishnu’s words. The plan succeeds. Daksha gets angry but relents. Satidevi unhappily accepts Mahadeva in the guise of an old hermit as husband and follows him to Kailash. When Satidevi finds out that her hubby is one of the Trios of the Godhead, she begins to spend a happy conjugal life. Meanwhile, Dakshya is still angry with Mahadeva. One day, Satidevi sees her sisters accompanied by their hubbies flying in the sky and asks Mahadeva where those deities were going. Mahadeva tells her to ignore it all. Narada the great sage visits them and informs about Daksha’s Yagya where Deities, Yakshas, Gandharvas, Kinnaras, Daityas, Daanavas, Rishis like Vashishtha and Prabhriti, Naagas, Apsara and Dashadikpaalas were invited with their spouses. Narad wants to know why the couple were not invited, though they deserved to be at the Yagya. Satidevi, accompanied by Narada, rushes to her maternal home, pays respect to her parents and seeks to know why they had snubbed her and her hubby. As Daksha insults Mahadeva with words, Satidevi jumps into Yagyakund (where ritual fire is burning) and kills herself. Narada reports the tragedy to Mahadeva. This leads to a war between Mongoloid and Aryan armies. Death and destruction at the war and Mahadev’s sorrow over the death of his consort make for an epic that is a class apart.

I’m a 59-year-old woman with two children living abroad. My husband and I are both retired. Passing time daily is hard for us since we both have nothing to do, and with so much leisure time on our hands, we tend to overthink. We are constantly worried about what might happen if one of us dies, and the thought of losing someone so dear to me is horrifying. How can I deal with this feeling? Please help me.—PK Answered by Kapil Sharma, counseling psychologist, Nepal Institute of Mental Health I want you to know it’s common for people to have some level of anxiety about death. This is a normal part of the human experience. While some people are only mildly concerned about death, others might have a higher level of anxiety when thinking about it. You must figure out which category you fall into.  Healthy fear consists of some level of worry and sadness, but there is also a certain level of acceptance as death being a part of life. It motivates people to live a fulfilling life too. But when that fear becomes overpowering, so much so that it hinders your daily routine, constantly makes you imagine life without your loved ones, or leaves you with a sense of helplessness, that is when it becomes problematic. If you are unable to accept death as being a natural part of life, there are a few ways you can address it.  Start with figuring out why you are so scared. Fears like these don’t come out of the blue. Maybe you have lost someone in your life and you haven’t been able to move on. Or you might be very dependent on this one person in your life, like your husband. And to imagine life without him is difficult. Working out the reason behind your fear is one way to decipher its solution.  Making a list of the things or people you have lost in the past can be a helpful way to process your feelings. This will help you come to terms with the loss you faced. It can also be a way to reflect on your coping mechanisms, and understand what else you need to do in order to truly move on.  Talking to someone close to you is an extremely helpful way to get the support and understanding you need to come to terms with death. It can be your husband, your children, or a friend who truly understands you. Sometimes having our emotions validated can help a lot.  But then there will be times when you might feel they are unable to empathize with you. In that case, it’s best to talk to someone who has gone through a loss in their life, and shares the same sentiments about death as you do. Having someone truly understand how you are feeling will give you a sense of comfort. Realizing you aren’t alone in it can help you deal with your fears better. But I must say that acceptance is necessary. Accepting death as a part of life isn’t easy, but death is inevitable. You will not always have your loved ones around you, but what’s important is that you work on creating really good memories while they are alive.  Focus on the moments you spend with them rather than on what might happen when and if they are gone. Deciding what to do with the time you have with each other is up to you. So focus on things that you can do, rather than dwelling on something that you have no control over. If you still find yourself struggling to deal with your fear of death, it’s best to consult a therapist or counselors who can help you come to terms with it.

At least 69 people died and three others remained unaccounted for as a Yeti Airlines plane (call sign 9N-ANC), en route to Pokhara from Kathmandu, crashed at the Seti gorge before touchdown at the Pokhara Regional International Airport on Sunday morning. There were 68 passengers and four crew members on board the plane. Among the passengers, 53 were Nepalis, five Indian nationals, four Russians, two Koreans and one each from Ireland, Argentina, Australia and France, Yeti Airlines said in a press release. There were 37 males, 25 females, three children and as many infants onboard along with the crew members: Kamal KC, Anju Khatiwada, Srijana Hongchun and Osin Ale Magar. Captain KC was piloting the ATR 72 500 aircraft that crashed into the gorge located between the old airport and the newly-opened international airport. “The aircraft was last in communication with the Pokhara Regional International Airport at 10:50 in the Seti gorge,” the statement read. Anil Kumar Shahi, assistant chief district officer at the District Administration Office, Kaski, said at least 37 bodies had been sent to Pokhara Academy of Health Sciences for post-mortem. Security agencies and firefighters were conducting search and rescue efforts till late into the evening. Plumes of smoke billowing from the crash site were seen in the images and videos posted on social media platforms. A video taken just before the crash showed the aircraft turning to its side before the crash. Officials said the pilots had not reported any technical problem to the control room before the crash and the weather was also clear.  But according to some reports the 15-year-old plane was equipped with an “old transponder with unreliable data”. Sunday’s plane crash is the biggest so far in the domestic sector. On 12 July 1969, 35 people died when a domestic flight crashed near Hetauda. The Yeti crash comes merely a fortnight after the inauguration of the new airport in Pokhara. Buddha Air, Shree Airlines, Yeti Airlines, and Guna Air had started conducting daily flights to and from the new airport. This is the second air crash of Yeti in eight months. On May 29, 2022, a plane owned by Tara Air, a subsidiary of Yeti, crashed shortly after take-off from Pokhara, killing 22 people. Nation mourns After the air crash, Prime Minister Pushpa Kamal Dahal gathered detailed information on the plane crash from the Rescue Coordination Center at the Tribhuvan International Airport, including technical and other possible reasons behind the crash, the PM's Secretariat stated. An emergency meeting of the Council of Ministers has formed a five-member committee under former government secretary Nagendra Ghimire to investigate the disaster. The meeting declared Monday (Jan 16) a public holiday to mourn the loss of lives. Meanwhile, Yeti Airlines also canceled all its flights scheduled for Monday. Prez extends sorrow President Bidya Devi Bhandari has extended tributes to the victims of the crash and condolences to the bereaved families. “I am shocked by the news about the plane crash in Pokhara. I extend heartfelt tributes to all those passengers and crew members killed in the crash and offer heartfelt condolences to the bereaved families,” the president tweeted. Nepali Congress President and former Prime Minister Sher Bahadur Deuba expressed sorrow over the crash, urging the government to ensure prompt and effective rescue efforts and directing cadres of the party to get involved in rescue works. Air safety in question? The air crash occurred at a time when the French Civil Aviation Authority had expressed commitment to taking initiatives for removing Nepal from the European Union's air safety list. The European Commission (EC) has imposed a blanket ban on Nepali airlines entering into European airspace in 2013, meaning Nepal's airlines cannot fly to European countries. The UN aviation regulatory body, the International Civil Aviation Organization (ICAO), has blacklisted Nepal since 2013 calling it unsafe, citing three plane crashes – one in 2011 and two in 2012 as the bases for the ban on Nepali airlines. Technical inspection necessary Sunday’s emergency Cabinet meeting instructed all airline operators to conduct mandatory technical tests to prevent accidents in domestic flights. The Civil Aviation Authority of Nepal will do necessary inspections. Deputy Prime Minister and Minister of Finance Bishnu Poudel said: “We believe the decision will play a role in preventing air crashes.” In May 2022, CAAN had come up with a more stringent flight permit rule, saying that clear weather throughout the route is a requirement to conduct a flight. But the airline operators had described the rule as impractical. ‘Conduct proper probe’ ApEx caught up with Rajan Pokhrel, former director-general, CAAN, to talk about the Yeti crash and its impact on Nepal’s aviation sector. How will today’s crash affect the tourism industry? Today’s plane crash will have an impact on the tourism industry, which was just reviving after the coronavirus pandemic. It has raised questions about air safety in Nepal. A total of 15 foreigners have died in the crash. Such air crashes give a negative message. Will today’s crash impact the ICAO’s decision? Previous crashes occurred in rural areas. But today’s crash occurred in a city. This will have an impact on the European Union’s decision on a blanket ban on Nepali airlines entering European airspace and the ICAO’s blacklist. The crash shows we need to make our air space safer. I think the EU and ICAO will again review their decisions. What may have caused the crash? It was the same aircraft that had already done a demo flight in the newly constructed airport. The airport is bigger and has proper space for takeoff and landing. A proper investigation is necessary to establish the cause of the crash.