Presumption of guilt until proven innocent: The erosion of a fundamental right
For decades, the notion of ‘innocent until proven guilty’ has formed the foundation of justice systems all around the world, including Nepal. It ensures that every accused has the right to fair trial and is not convicted without sufficient evidence. However, in recent years, the legal tenet of ‘presumption of innocence until proven guilty’ has been under intense attack, particularly in light of Nepal’s changing media scene. Traditionally, this notion has served as a foundation of justice, ensuring that individuals are not unfairly punished without due process. However, the development of media trials, social media conjecture, and sensationalist journalism has resulted in a troubling trend: the presumption of guilt unless proven innocent.
Media trials have become a common occurrence in Nepal, where high-profile cases are frequently subjected to severe scrutiny by news organizations. These trials often take on a life of their own, overshadowing the real judicial proceedings. Before the court could rule, media outlets bombarded the airwaves with sensationalized tales of the purported crime, leading to a widespread sense of guilt. The hurry to disseminate details frequently resulted in misrepresentations and mistakes, essentially damaging the assumption of innocence, which should accompany any criminal charge.
For instance, the case of Nirmala Pant, a teenager whose rape and murder in 2018 shook the nation, saw extensive media coverage. While the public’s demand for justice was justified, the media’s relentless focus on certain suspects without conclusive evidence led to a trial by the media. Innocent individuals were harassed and their reputations tarnished irreparably.
Social media platforms have added to the complexity of Nepal’s justice system. The speed and scope of these platforms allow rumors and speculation to spread unchecked. For example; the infamous case of an alleged sexual assault on a senior player in Nepali cricket soon sparked a social media frenzy, with hashtags rising in support of victims and cries for punishment. However, in the middle of the outcry, the accused was publicly vilified, despite the fact that the court procedure was still ongoing.
The immediacy of social media often fosters a mob mentality, in which people cast judgement without fully understanding the situation. This phenomenon not only influences public opinion but it can also put pressure on law enforcement and judicial organizations to take actions that jeopardize the integrity of investigations. The instance of comedian Apurva Singh is an appropriate example. In 2022, Singh was accused of making indecent remarks during a stand-up performance. The outcry on social media was fast and intense, with many people demanding his arrest and punishment without a formal investigation. The court of popular opinion had already found him guilty, demonstrating the power of social media in shaping views of guilt.
Such journalism not only misleads the public but it also fosters a climate of fear and mistrust with individuals being condemned based on insufficient or biased data. This raises crucial considerations regarding the media’s role in protecting justice and fairness. One significant case in our country was the 2015 earthquake relief scandal. Several people and organizations were accused of misappropriating donations intended for earthquake victims. The media's sensationalist coverage sparked widespread outrage and condemnation, despite the fact that many of the accused were eventually proven innocent. The damage to their reputations and livelihoods, however, had already occurred.
The ramifications of this transformation are substantial. The presumption of innocence is more than just a legal nicety; it is a basic human right. Individuals who are considered guilty face serious consequences, including social isolation, loss of work and even threats to their safety. This was clear in the case of a young Nepalese student who was accused of theft. Despite the absence of evidence, his name and face were widely circulated on multiple media platforms, creating a hostile environment that drove him to flee his hometown.
Socially, the weakening of the presumption of innocence produces a culture of dread and suspicion. Individuals may become reluctant to speak out or engage in public discourse, fearing that any accusation, regardless of its veracity, could lead to their social and professional ostracization. This culture of fear can stifle free speech and hinder the healthy functioning of a democratic society.
Furthermore, the legal system itself may suffer long-term consequences as a result of this erosion of rights. Judges may be under pressure to render decisions that reflect popular opinion rather than an unbiased evaluation of the facts when public opinion is strongly against the accused. The impartiality necessary for a fair trial is put in danger by these phenomena.
For decades, the notion of ‘innocent until proven guilty’ has formed the foundation of justice systems all around the world, including Nepal. It ensures that every accused has the right to fair trial and is not convicted without sufficient evidence. However, in recent years, the legal tenet of ‘presumption of innocence until proven guilty’ has been under intense attack, particularly in light of Nepal’s changing media scene. Traditionally, this notion has served as a foundation of justice, ensuring that individuals are not unfairly punished without due process. However, the development of media trials, social media conjecture, and sensationalist journalism has resulted in a troubling trend: the presumption of guilt unless proven innocent.
Media trials have become a common occurrence in Nepal, where high-profile cases are frequently subjected to severe scrutiny by news organizations. These trials often take on a life of their own, overshadowing the real judicial proceedings. Before the court could rule, media outlets bombarded the airwaves with sensationalized tales of the purported crime, leading to a widespread sense of guilt. The hurry to disseminate details frequently resulted in misrepresentations and mistakes, essentially damaging the assumption of innocence, which should accompany any criminal charge.
For instance, the case of Nirmala Pant, a teenager whose rape and murder in 2018 shook the nation, saw extensive media coverage. While the public’s demand for justice was justified, the media’s relentless focus on certain suspects without conclusive evidence led to a trial by the media. Innocent individuals were harassed and their reputations tarnished irreparably.
Social media platforms have added to the complexity of Nepal’s justice system. The speed and scope of these platforms allow rumors and speculation to spread unchecked. For example; the infamous case of an alleged sexual assault on a senior player in Nepali cricket soon sparked a social media frenzy, with hashtags rising in support of victims and cries for punishment. However, in the middle of the outcry, the accused was publicly vilified, despite the fact that the court procedure was still ongoing.
The immediacy of social media often fosters a mob mentality, in which people cast judgement without fully understanding the situation. This phenomenon not only influences public opinion but it can also put pressure on law enforcement and judicial organizations to take actions that jeopardize the integrity of investigations. The instance of comedian Apurva Singh is an appropriate example. In 2022, Singh was accused of making indecent remarks during a stand-up performance. The outcry on social media was fast and intense, with many people demanding his arrest and punishment without a formal investigation. The court of popular opinion had already found him guilty, demonstrating the power of social media in shaping views of guilt.
Such journalism not only misleads the public but it also fosters a climate of fear and mistrust with individuals being condemned based on insufficient or biased data. This raises crucial considerations regarding the media’s role in protecting justice and fairness. One significant case in our country was the 2015 earthquake relief scandal. Several people and organizations were accused of misappropriating donations intended for earthquake victims. The media's sensationalist coverage sparked widespread outrage and condemnation, despite the fact that many of the accused were eventually proven innocent. The damage to their reputations and livelihoods, however, had already occurred.
The ramifications of this transformation are substantial. The presumption of innocence is more than just a legal nicety; it is a basic human right. Individuals who are considered guilty face serious consequences, including social isolation, loss of work and even threats to their safety. This was clear in the case of a young Nepalese student who was accused of theft. Despite the absence of evidence, his name and face were widely circulated on multiple media platforms, creating a hostile environment that drove him to flee his hometown.
Socially, the weakening of the presumption of innocence produces a culture of dread and suspicion. Individuals may become reluctant to speak out or engage in public discourse, fearing that any accusation, regardless of its veracity, could lead to their social and professional ostracization. This culture of fear can stifle free speech and hinder the healthy functioning of a democratic society.
Furthermore, the legal system itself may suffer long-term consequences as a result of this erosion of rights. Judges may be under pressure to render decisions that reflect popular opinion rather than an unbiased evaluation of the facts when public opinion is strongly against the accused. The impartiality necessary for a fair trial is put in danger by these phenomena.
Raj Pandey
Final year, BA LLB
Kathmandu School of Law
Beauty of flames (Poem)
Life as sweet as honey
was the greatest lie ever told
The wave of time came bearing sorrows
with the reality it behold
The fire of my heart craving anger
never ceasing to grow
The emptiness in my soul kept asking to be filled
with the love of gold
My first love was to the anger
with her eyes as livid as ember
I craved the burns to my skin
only to be drowned by the guilt that followed
I try again but once more that I try
the more she seems to devour
Then at the faint of night she whispered to me
Anger was never truly her name it was grief she told
Arnav Shrestha
A Level
LA College
Restoring, preventing and giving new sight
The Nepal Eye Program, under the Tilganga Institute of Ophthalmology (TIO), has emerged as a cornerstone in the fight against blindness in Nepal. Established in 1992, TIO has evolved into a comprehensive ophthalmic center with six key divisions: Tilganga Eye Hospital, Academic and Training, Outreach, Research, Nepal Eye Bank, and a Lens Manufacturing Laboratory. Notably, TIO has pioneered advanced cataract surgery techniques in collaboration with the Fred Hollows Foundation and established Nepal’s first eye bank, which has been instrumental in restoring sight to thousands.
Initially, TIO’s location in the capital, Kathmandu, limited accessibility for people across the country. To address this, TIO established Community and Surgical Eye Centers in coordination with local bodies. Managed by the Outreach Department, these centers now number 26, strategically distributed across Nepal’s regions and provinces. Centers have been established in remote areas such as Solukhumbu, Mustang, Ramechhap, Rolpa, Manang, Jiri, Charikot, Melamchi, and Palung, where transportation and healthcare services are scarce. Additionally, TIO has set up specialized community hospitals in Bhaktapur (Khwopa Tilganga Community Eye Hospital), Hetauda (Hetauda Community Eye Hospital), and most recently in Nijgadh (Nijgadh Tilganga Community Eye Hospital) in the Bara district, serving the Madhes province and beyond.
Beyond its permanent facilities, TIO organizes eye camps in rural areas to provide essential eye care to underserved communities. The process begins with a thorough assessment of potential locations, considering both the area’s needs and financial situation. TIO collaborates with local partners and organizations to gather support for these camps. Once the timeline is set, TIO staff visit the selected areas to conduct screening camps, identifying individuals requiring surgery or other treatments. A team of doctors from Kathmandu then travels to these areas to perform free surgeries, primarily focusing on cataracts, the leading cause of blindness in Nepal. Other conditions, such as pterygium (growth of tissue on the eye’s surface), are also treated during these camps.
Cornea donation plays a vital role in restoring sight to those suffering from corneal diseases, a significant cause of blindness worldwide. Eye donation, particularly after death, can greatly increase the availability of corneal transplants. The process is simple yet impactful: one donation can restore vision for two individuals. The Nepal Eye Bank has been training staff to safely and effectively retrieve corneas immediately or within hours of death. These staff are stationed in hospitals and crematory areas, such as Pashupatinath, where they handle consent, counseling with family members, and cornea retrieval. According to the Nepal Eye Bank’s data, 1,200–1,500 corneas are collected annually.
Eye health is essential for preventing and managing vision problems, ranging from refractive errors (nearsightedness, farsightedness) to serious conditions like cataracts, glaucoma, and diabetic retinopathy. Regular eye exams are critical for early detection, as many eye conditions develop without noticeable symptoms. Public education on protecting eye health—through proper nutrition, wearing sunglasses, reducing screen time, and avoiding smoking—can significantly reduce the risk of vision loss. Accessible eye care services and timely treatment are key to preserving sight and improving quality of life.
As a teenager, I have gained unique insights into the world of eye care through my parents, both of whom are doctors. While learning about healthcare has always been accessible to me, observing it in action was truly inspiring. During a visit to TIO, I had the opportunity to tour this renowned institution, which embodies history, hope, and heightened awareness. I visited the Fred Hollows Intraocular Lens Laboratory (FHIOL) within the TIO premises, where the hum of machines and the dedication of workers left a lasting impression. The laboratory produces lenses for cataract surgery, playing a crucial role in preventing blindness. TIO also organizes annual surgical camps for underprivileged communities, restoring sight to countless individuals.
Witnessing the joy of patients who regained their vision and the humility of the staff who made it possible was deeply moving. I observed my mother and other staff members dedicating their time and energy to each patient, which was incredibly inspiring. I also had the chance to watch experienced doctors perform surgeries in the operating theater. Although access to certain areas was restricted, the focus and determination of the surgeons were evident.
Overall, my visit to TIO was an eye-opening experience. As a teenager, I initially viewed it as just another workplace for my mother. However, exploring its various branches, laboratories, operating theaters, and statistical boards revealed its profound impact. TIO is not merely a hospital for eye checkups and glasses; it is a comprehensive hub for eye care, serving Nepal and beyond. It has also become a global learning institute, attracting eye health professionals worldwide. TIO’s philosophy of serving people across all socio-economic backgrounds in the pursuit of preserving vision and curing treatable blindness is truly remarkable. With the privilege of this experience, I hope to spread awareness about the incredible work being done at TIO and the importance of eye health.
Kriti Rajbhandari
Rato Bangla School, Lalitpur
Nepal lacks microeconomic analysis
Nepal has long struggled after the Covid-19 pandemic to revive its economy. Every economist in Nepal has been involved in answering one question that is “Is Nepal going into recession?”. Formally, recession is a condition where there is a significant decline in economic activities spread across the economy, lasting more than a few months, normally visible in production, employment, and real income. Economists in Nepal have been dealing with this question with ease but are not even concerned about the microeconomic position of the country.
The Nepal Rastra Bank has been publishing its macroeconomic analysis, but to date, Nepal lacks a strong microeconomic analysis. Microeconomics is social science, a fundamental department of economics that studies the implications of incentives and decisions and how that affects the utilization and distribution of resources on an individual level.
Nepal has adopted a free-market economy where there is no government intervention. The economic condition of Nepal has been solely reliant on the service market, product market, and remittances. The service market contributes about 55.36 percent of the GDP of Nepal. But only about 11 percent of Nepal’s GDP is dependent upon the production market. Still, agriculture is the top occupation in Nepal about 65.7 percent of the population are farmers. Though these are just numbering; the economy of Nepal is dependent upon the average population and their purchasing habits and behaviors, and Nepal still does not have these microeconomic analyses.
Nepal has a grand loophole in micro-level economics, for instance, there is no analysis done in Nepal that shows the purchasing habits of people. It is people who set the standards of demand and supply in every free market economy. Without knowing individual habits and how they spend their hard on money, the market analysis is reluctant to a failure. Nepal’s micro landscape indeed faces significant challenges, practically in understanding consumer behavior and purchasing habits. Without a clear understanding of how people allocate resources, and the factors impacting the spending decisions, economic policies will always go into a static failure. Businesses established in Nepal have more microdata of consumers than the authoritative body in Nepal.
Nepal lacks a systemic and comprehensive data collection mechanism at a microeconomic level. No government mechanism dwells with mechanisms to track consumer spending patterns, income distribution, or the saving habits of people. This absence of data makes Nepal’s economy unpredictable, and the market movement is fluctuant. The prominent part of Nepal’s economy is informal, with high remittance flow, and the hundi system in Nepal has led to a rapid flow of cash in Nepal making the purchasing power of people high. Many transactions occur outside the formal banking system, and small businesses have no financial records. Nepal’s market is driven by luxury goods from the foreign market making Nepal lose forex. These two parts have made the economic situation of Nepal arduous, which has not been studied by the government till now officially.
Nepal’s market is trendy, it is driven by foreign-influenced thoughts from social media. Nepal itself being a culturally diverse country tends to have different consumption behaviors geographically. There is no localized data so it is difficult to understand these variations and tailor economic policies or business strategies accordingly for economic growth.
To allocate and address this problem economists in Nepal must now focus more on the micro-economic analysis than the macro part of the economy. The government must also collaborate with private sector stakeholders and must invest in the formation of a strong data collection system. They must focus on providing household surveys, consumer spending trackers, and digital payment analytics, to better understand purchasing habits. Policies should be made targeting the formalization of the economy, the government must track and band the hundi system. Which is leading to high purchasing power and disbalancing the demand and supply system of the economy.
Promoting research institutions that focus on microeconomic analysis, utilizing technology like Artificial intelligence to monitor real-time spending patterns through digital payment systems, and conducting cultural and regional studies to understand the unique economic behaviors of diverse communities are essential steps. These measures would provide valuable insights, enabling the development of more effective and targeted economic policies, and ultimately fostering and making the economy of Nepal predictable and robust.