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The Information Technology (IT) and Cybersecurity Bill, published on 10 March 2024 for public feedback, is currently under review by MOCIT (Ministry of Communication and Information Technology). Aimed at addressing digital signatures, cloud computing, cybercrime and major digitalization of public services, including the creation of websites for all government agencies, establishment of a national cybersecurity center, and forensic center, it represents Nepal’s stride toward implementing robust IT and cybersecurity regulations.

Nepal aims to implement these regulations to tackle the rising tide of crime due to fast digitization in the country. However, certain aspects of the bill, particularly concerning cloud computing and data centers, raise concerns. The requirement for companies to obtain licensing approval and undergo yearly renewal, while perhaps well-intentioned, may not foster innovation and economic growth effectively. Considering the substantial investment required for data centers and cloud computing infrastructure, businesses should ideally focus on their core operations without undue bureaucratic hurdles.

If we see international practice, especially the EU and the USA do not mandate specific licensing requirements for data centers or cloud service providers at the national level. Instead, companies are regulated by industry standards and market competition, while compliance with relevant regulations ensures legal operation and maintains customer trust. If we examine India's approach to supporting businesses through its policies, we find that it employs various strategies that aid in fostering businesses from their inception. These strategies include ensuring that all approvals required for commencing business are granted within 15 working days, offering 100 percent exemption from property tax for 10 years, and providing subsidies such as Capital Investment Subsidy, Lease Rental Subsidy and Interest Subsidy.

Several other provisions within the bill could have significant impacts on businesses. For example, the requirement for companies operating critical infrastructure to submit design and configuration documents to government bodies raises concerns regarding potential violations of intellectual property rights. Here, the bill fails to address the issue of compensating businesses for damages resulting from intellectual property theft. In cases of intellectual property theft, only minimal punishment and fines need to be paid to the government, with no compensation provided to the intellectual property owner. This omission could leave affected companies vulnerable to substantial financial losses without any possibility of recovery.

Also, instead of imposing permits for importing and distribution of IT equipment from government bodies, the government could have mentioned the establishment of minimum standards, allowing the import of equipment meeting or exceeding these standards without approval. 

The requirement for data storage within Nepal's borders for financial and health organizations may pose feasibility challenges, especially during the period when the government is aggressively promoting cross-border financial practices. In the case of data collected by private organizations, it may be more practical to allow them to store their data in public clouds, with the condition that they are responsible for ensuring the security of their information. The level of security required should be determined based on the sensitivity of the data being stored, with varying levels of security measures such as encryption being implemented accordingly.

Several provisions within the bill raise concerns for individuals as well. For example, the provision allowing the storage and use of sexual material for educational or medical purposes could potentially be misused. Stringent cybersecurity measures must be applied to the machines storing such material. If the material is leaked or hacked due to inadequate security measures, the entity responsible for storing it should be held accountable, and appropriate punishment should be enforced. 

The definition of criminal activity outlined in the bill is quite vague in many places, raising significant privacy concerns. Under this definition, the government could demand the submission of personal private keys. Additionally, provisions allowing investigating officers, such as police inspectors, to collect electronic devices and traffic data without proper oversight could be prone to misuse. It is recommended that higher-ranking officials, like SSPs or DIGs, oversee such activities to ensure accountability and prevent potential misuse.

The meeting of the National Cybersecurity Committee that is mentioned in this bill itself does not validate the live video link or any other electronic means of communication or online meetings for any meeting of the committee, where physical presence is mandatory. The government is trying to address emerging technologies like AI and blockchain, with few definitions for proper use but these technologies will require further study and regulations going forward.

While the IT and Cybersecurity Bill represents a significant step toward bolstering Nepal's digital infrastructure, careful consideration and amendments are necessary to address concerns and ensure the bill aligns with business-friendly practices and privacy rights. As technology is rapidly changing, it becomes imperative that the laws are modified at the same pace, something which was lacking in the past.

The author is a cybersecurity professional and student of information management. Views are personal

This is a guided approach to be taken ‘very seriously’ by the readers. I shall not be liable for any injuries from the daring stunts done on Kathmandu roads (that is if you find some space).

Step 1

Locate where even the zebra crossing is. Maybe walk even a few kilometers just to find a faded white longitudinal line. If it is too far, you can cross from anywhere and jump on the dividing ropes and broken brownish-orange barriers, as the traffic police are busy cutting the chits for speeding bikes. The overhead bridge is always a safer option but you seem daring. 

Step 2

Your hand-most important of it all. With a flick of the wrist, have your hand upright with the palm facing directly to the eyes of the driver. Now you can even talk on the phone or have a frivolous chat with your fellow mate beside you. The hand does all the talking while you romanticize about staying abroad. The driver may retort with a yawn but you’re just walking with your eyes closed. 

Tread lightly and confuse the driver even more by freezing in the middle of the road and doing the shammy-shake of who goes first.

Step 3

Don’t be scared. Just cross. There is civility left in some drivers. Some will swerve behind you as you wait. But if you see a tipper zooming towards you, then make way for the guardians of the unpaved road. Micros and buses see no crossings or people in their path, so consider wisely. 

Step 4

Halfway there but keep straight as the lines will fade as you move along. Oh and check for the waiting signal. I guess you’ve already jumped and crossed the woeful traffic. 

Don’t look at the driver or the wait signal as a homage to your genetically modified stupidity. It is just an endemic spread around the country. Not to be alarmed– herd mentality is absolute. Following the crowd is a fool-proof choice.

Kathmandu Metropolitan City (KMC) has decided to declare the valley as a ‘no horn zone’, you might be eased off with the noise pollution but you now are encountered with light pollution with high beams beaming on your pretty face. The symbols of the moon and sun live as long as the country unless you can see any visible stars up in the sky.

Pro tip

Try thanking the drivers by giving a courtesy nod for their patience to bear your courage (or stupidity).

Aditya Khare

BA in Journalism and Mass Communication 

St Xavier’s College, Maitighar

Domestic abuse represents a major issue in Nepal, particularly impacting women and girls throughout the country. Despite legislative restrictions, violence continues in a variety of forms, including physical and emotional abuse, rape, trafficking, forced prostitution, and female infanticide. Cultural standards, which are based on patriarchal institutions, frequently give men more power and control in families, continuing the cycle of violence.

Prevalence and underreporting

Domestic violence affects every category of society in Nepal, including both urban and rural locations. However, victims frequently find it difficult to come out against their abusers owing to feelings of shame, stigma, and fear. The intimate aspect of domestic violence complicates the reporting process, resulting in severe underreporting.

Perpetrators and victims

According to Nepal’s National Demographic Health Survey (2016), 84 percent of ever-married women who have suffered physical violence blame their present husbands for the abuse. Furthermore, 11 percent of women describe ex-spouses as abusers. It is vital to recognize that domestic violence can also be perpetrated by other family or household members, emphasizing the pervasiveness of the problem.

In Nepal, domestic violence has been a major problem, especially during the epidemic, when there has been a discernible rise in incidents. 14,774 incidents of domestic abuse were reported in the fiscal year 2018–19, according to statistics from the Nepal Police’s Women, Children, and Senior Citizens Service Directorate.

Based on statistics compiled by WOREC Nepal, the majority of the 1319 incidents of domestic abuse involve women. Eighty of the total reported VAW instances (66.72 percent) included domestic violence, with the spouse accounting for ninety percent (790) of the perpetrators and family members accounting for the remaining ten percent (90). Eighty-seven percent (764) of domestic abuse survivors were literate, and thirty-nine percent (339) of women aged 17 to 25 and thirty-eight percent (337) of women aged 26 to 35 are severely impacted by domestic violence.

1,267 calls regarding domestic violence were received by the Nepal Women Commission (NWC) between 24 March 2020, and 21 July 2020, during the first lockdown. The Women’s Rehabilitation Centre (WOREC) recorded a range of violent episodes between 29 April 2021, and 29 May 2021. Of the 200 women polled, 45 percent reported having experienced domestic abuse.

In addition, the Nepal Police recorded 31,568 instances of crimes against women and girls between July 2021 and July 2023. It’s crucial to remember, too, that a lot of incidents probably go unreported because of pressure from families and society.

UN staff and work environment dynamics

According to the 2017 UN workers Survey on Domestic abuse in Nepal, the prevalence of domestic abuse among UN workers in the nation is comparable to that of Nepali women in general. In order to fulfill our obligation, we must make sure that the UN offers a secure and encouraging work environment for all employees, tackling the problem of domestic abuse in the workplace.

The legal structure and safeguards

One of the most important pieces of legislation to combat domestic abuse in Nepal is the Domestic Violence Act of 2066. It provides a comprehensive definition of domestic violence that includes abuse in familial relationships on all fronts—physical, mental, sexual, and financial. In order to provide prompt assistance and legal redress for victims, the act clearly forbids domestic abuse (Section 3) and provides guidelines for reporting incidents (Section 4).

After receiving a complaint, the court must handle the issue in accordance with Section 5 of the legislation, which guarantees responsibility and due process. While in-camera procedures (Section 7) ensure privacy and lessen re-traumatization during judicial processes, temporary protection orders (Section 6) demonstrate a commitment to prioritizing victim safety.

Assistance with finances and health

Section 9 of the legislation requires those who commit domestic violence to pay for the care of their victims because it acknowledges the financial and medical costs associated with such behavior. This clause guarantees that those who damage victims will be held accountable for their actions, which emphasizes the need for accountability. When offenders cannot afford the fees of treatment, the court may require service centers to step in and help, guaranteeing victims' access to critical medical care.

Compensation and penalties

In an effort to encourage restitution and rehabilitation, Section 10 of the act mandates that victims get compensation based on the type and intensity of the abuse. Furthermore, in order to prevent future breaches and to reflect the seriousness of the offense, Section 13 imposes penalties on offenders of domestic violence that range from Rs 3,000 to Rs 25,000 in fines and up to six months in jail.

Enhancing support services

Nepal government has created Service Centers (Section 11) and a Service Fund (Section 12) in addition to legislative measures to offer victims of domestic abuse prompt protection and assistance. These programs highlight a comprehensive strategy that addresses the legal, social, and economic aspects of domestic abuse. Service centers meet the varied requirements of survivors and aid in their recuperation by providing necessary services including counseling, housing, and legal assistance.

Challenges and future directions

Nepal continues to have difficulties in fighting domestic abuse despite its legislative measures and social programs. Institutional barriers, sociocultural norms, and economic inequality all continue to impede successful preventative and response initiatives. Going forward, the community as a whole, government institutions, and civil society organizations must work together in unison. To achieve this, it is necessary to increase public awareness, advance gender equality, fortify legal systems, and improve victim assistance programs.

Prabin Kumar Yadav

BA LLB

Kathmandu School of Law

In the quiet symphony of my life’s decree,

A squinted path, a canvas, bold and free.

Awakening with hope, a morning’s cheer,

Yet shadows loom, whispers of fear.

Surgery’s embrace, a dance with the blind,

Veiled days in darkness, resilience I find.

Through the void, tactile whispers trace,

A journey of courage, an intricate grace.

Beneath the surgeon’s hands, in the blindfolded mist,

A metamorphosis, a tale to enlist.

Blindfolded days, a world unknown,

Yet within that darkness, strength was sown.

In the realm of shadows, bullying’s sting,

Mocking whispers, laughter’s cruel swing.

Squinted eyes, a target for jest,

Yet resilience grows in the wounded nest.

Through the corridors of hurtful gaze,

A spirit tested in bullying’s blaze.

Squinted eyes, not a flaw to bear,

But a testament to the strength I wear.

So, in the echoes of dental dread and blindfolded strife,

A masterpiece emerges, a resilient life.

Squinted eyes, once a source of pain,

Now a symbol of courage, a triumph to gain.

Yusuf Shrestha 

BBM VI Semester

United College, Lalitpur