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The Nepal Bar Association (NBA) is an important force in advancing justice and reshaping the country’s legal system. Founded in 1956, this umbrella organization for all bar units across the country plays a critical role in maintaining judicial independence, strengthening ties between the bar and the bench, and promoting human rights. ​Creating fora for legal professionals to debate and confront urgent legal system challenges is one of NBA’s most important responsibilities. Events like the yearly All-Nepal Lawyers National Conference give attorneys a forum to discuss and suggest changes. The 2024 conference, for example, had themes like ‘Competent Lawyers, Dignified Bar’ and ‘Restructuring of the Judiciary’, demonstrating NBA’s dedication to boosting public trust in the legal profession and promoting judicial independence.​ With the ability to navigate many important areas of influence and responsibility, NBA is well-positioned to play a significant role in Nepal's legal and judicial environment.

Judicial freedom

The NBA has been a vocal supporter of an independent judiciary. To make sure that political influence and corruption do not make inroads into the judicial system, the group frequently participates in discussions and agreements about judicial appointments and reorganization of the judiciary. This involves raising concerns about the Judicial Council’s makeup and the hierarchy of judges, especially in view of the process governing judges’ nominations that has sparked controversies. 

Helping future attorneys

Supporting new generations of attorneys is one of the NBA’s major responsibilities. Many young attorneys struggle to start their practices and feel cut off from more experienced members of the bar. To ease the transition from academic studies to professional practice, NBA is aiming to promote mentoring programs and create a more inclusive atmosphere. This involves offering forums for experienced attorneys and novices to collaborate and share expertise.​

Reforms and public trust

In an effort to boost public trust in the legal system, NBA is actively engaged in more extensive legal changes. This entails promoting legislation that improves judicial efficiency and transparency as well as pressing for constitutional modifications. The association plays a key role in making laws by helping with the formulation of the Integrated Legal Aid Policy, which attempts to increase underprivileged populations’ access to the legal system.​

Political influence and law

Although political affiliations are inevitable for lawyers, NBA works to strike a balance where legal practice takes precedence over political activity. While recognizing that politics has an impact on the legal community, it stresses that legal advocacy, professional competency and judicial accountability should continue to be its key priorities.​

Access to justice

Working together with global partners like the UNDP and the Norwegian government, NBA has been developing initiatives to improve access to justice. The initiatives include the provision of free legal services, with a focus on women and vulnerable groups, and the assistance of local judicial committees in strengthening their ability to administer justice. NBA’s participation in these initiatives demonstrates its dedication to making justice available to all segments of the society.

Prospective courses

Looking ahead, NBA intends to keep up its efforts to preserve the independence and integrity of the judiciary, create opportunities for professional development of its members and implement legal changes. By tackling both internal obstacles within the legal fraternity and more general systemic problems, NBA hopes to fortify Nepal’s legal system and advance equity for everyone.​

A key player in Nepal’s legal system, NBA takes on a variety of roles, including promoting judicial independence, mentoring aspiring attorneys and expanding access to justice via international partnerships and legislative changes. It plays a variety of roles, including advocating for judicial changes, making sure attorneys are represented in judge nominations and offering vital legal services to marginalized groups. The integrity and accessibility of Nepal’s judicial system depend heavily on their ongoing efforts. NBA is a major contributor to maintaining Nepal’s independent, equitable, and open legal system in addition to standing out for the rights and interests of attorneys.​ The integrity and advancement of the legal profession in Nepal are greatly dependent on NBA as it keeps working to enhance the legal profession, the legal education system and the judicial system as a whole. The NBA’s work is essential to guaranteeing that Nepal’s judicial system is impartial, autonomous and competent to preserve democracy and justice. NBA remains a pillar in the fight for a strong and effective legal system in Nepal by attending to the interests of its members and pushing for structural changes.

The current coalition government led by Pushpa Kamal Dahal may not collapse in the near future, though Prime Minister Dahal himself seems less certain. Political analysts and leaders agree that as long as the Nepali Congress and CPN-UML, the first and second largest parties respectively, do not join forces to form a new government, Dahal will continue to exploit the situation. However, the complexity of Nepal’s political parties makes it challenging for analysts to make definitive predictions. Few anticipated that Dahal would expel the Nepali Congress from the government on March 4 and ally with his rival, KP Sharma Oli of UML. 

For over a year, Dahal has remained in power somehow, securing the vote of confidence three times, highlighting his government’s fragility. Since the beginning, even Dahal has appeared uncertain about the government’s longevity. He often tells his colleagues that despite predictions he wouldn't last a couple of months, he has managed to stay in power for over a year. His remarks in public also indicate his doubts about the government's survival. There are several factors that are feeding Dahal’s doubt, including the possibility that coalition partners, mainly CPN (Unified Socialist), could withdraw support anytime. 

This uncertainty has also made Dahal desperate to cling on to power. To bolster his position, Dahal facilitated a split in the Janata Samajbadi Party led by Upendra Yadav, creating a new party of seven lawmakers who now support his government. Dahal was worried after reports that Yadav was planning to pull out its support from the coalition and join forces with Congress, the main opposition, in a bid to form a new government.    

Dahal’s CPN (Maoist Center) has just 32 seats in the House of Representatives, which makes it a distant third largest party after the UML and NC. Yet, Dahal managed to become prime minister after the 2022 general elections, which took much negotiations, political maneuverings, and making and breaking of alliances.    

Dahal’s guile and cunning has kept him at the helm so far, but he has yet to (and he may never) shake off the specter of one of the coalition partners turning against him, reducing his government into a minority status.  

With Yadav’s Janata Samajbadi Party out of the picture, Prime Minister Dahal is now concerned that CPN (Unified Socialist) Chairman Madhav Kumar Nepal might withdraw support to the coalition due to his growing closeness with Nepali Congress President Sher Bahadur Deuba. While this might not immediately topple the government, it would definitely force Dahal to reaffirm his majority, further weakening his political standing. Additionally, Rastriya Swatantra Party Chair Rabi Lamichhane, also the minister for home affairs, faces the allegation of embezzling cooperative funds, and Dahal fears a court order might force Lamichhane to resign, prompting RSP to leave the government.

Political parties have finally agreed to form a parliamentary committee to probe the misuse of funds by multiple cooperatives across the country. Had Lamichhane’s name been included in the probe committee’s terms of reference, he might have resigned. But to prevent this, Prime Minister Dahal successfully convinced NC President Deuba to adopt a more flexible stance. It was NC that first raised the demand for a parliamentary panel to probe the financial scandals in various cooperatives, including the one linked with Home Minister Lamichhane.  

Dahal’s visit to Deuba’s residence before the budget session suggests a possible agreement between the two leaders. After forming a new  ruling coalition in March by breaking the alliance with the Congress, Dahal feels external forces might attempt to remove him from power. This explains his attempt at appeasing India’s ruling Bharatiya Janata Party, which is likely to get a historic third term as several exit polls indicate.

After parting ways with the NC, Dahal has faced increasing difficulties. Relegated to the opposition bench, the NC has been creating obstacles in the Parliament and has even initiated street protests, aiming to topple the government. There are also reports about the NC holding back-channel negotiations with the UML to form a new coalition, the one that is stable and strong.   

Within the UML, opinions are divided: some leaders believe a coalition with NC would ensure stability, while others argue that as key electoral competitors, the two parties should not ally. Nonetheless, it won’t be surprising if they come together. Some NC leaders want to join the government, fearing that the current home administration under Lamichhane might target them in corruption scandals.

At this juncture, it is difficult to gauge Oli's intentions. The UML leader has been saying that the internal and external environment is not conducive for him to become prime minister, which is why he is currently supporting Dahal and focusing on strengthening his party. 

Oli aims to make UML the largest party by inducting lawmakers from fringe parties. But at the same time he has not completely ruled out the possibility of forming an alliance with the Congress. Some leaders say Oli’s preferred option is to ally with the Maoists and ultimately seek to merge the two parties, with UML leaders in dominant positions. Oli might even try to secure the position of president after the 2027 elections, while his current targets remain NC and RSP, seeing the former as a key electoral competitor and the latter as a formidable threat to all major parties. 

With both ruling and opposition parties expending significant energy either to maintain or disrupt the coalition, governance, economy, and development are taking a hit.

‘Purush Pariksha’ (The Test of Man) is an exploration of the great poet Vidyapati’s story collection that has been translated from Sanskrit into Nepali by Dhirendra Premarshi, a renowned writer and committed researcher on the great poet and his cultural ethos.

The book was published by Ambar Publication House, New Delhi. It’s a collection of 44 stories of the poet which provides universality, artistry, intellectual values, and the qualities that a man should have to fight against life’s challenges. Vidyapati’s original work has already been translated into Hindi, English, Bengali, and other languages. The current Nepali translation is a first of its kind by Premarshi. 

Premarshi’s work welcomes readers with a preface written by Prof Dr Laxman Prasad Gautam, a faculty member of Nepali Language and Literature at the Central Department of Nepali, Tribhuvan University, Kathmandu, who takes them through the origins of this translation. 

Prof Gautam argues, “Taking into account the stories written by Vidyapati and their commentaries published in Sanskrit, English and Hindi, the translator, himself, an acclaimed laureate of Maithili and Nepali literature, has succeeded to upkeep the fundamental literary spirits of the great poet’s writings.” He further states that Premarshi’s work is an idealistic translation in recognition of literal and semantic translation of the writings of the great poet, who is often called Kavi Kokil (Poet Cukoo of Mithila).

Purush Pariksha is simple and persuasive, speaking of the translator’s skills, his mastery of language, his devotion towards culture and literature. He makes things easily understandable.

Purush Pariksha would have been authored by Vidyapati during 1412 to 1416 on the direction of Shiv Singh, king of the then Mithila state. King Shiv Singh was Vidyapati’s childhood friend and he was on the throne for four years. This text was firstly translated by Har Prasad Ray in 1815 in Bangla language. It was then translated into English in 1830 by Kali Krishna Bahadur. Chanda Jha took the initiative to translate it into Maithili language in 1885.

The conversation between Subudhi, a monk, and one of the kings named Paravar make up the theme of the book. The literary work provides guidelines for the kings and administrators in their dealing with the officials. For instance, in the fifth chapter, Premarshi provides an instance where Vidyapati had suggested that a king would fail to learn about the overall facts of the incident if he deploys informers who lie. Similarly, if a king favors a wrong person, he would not only commit sins but would also invite troubles for himself.

Vidyapati’s work is not only an exploration of moral lessons but also a political treatise that provides ample practical knowledge about the art of statesmanship. The book can be considered an essential work in propounding the theories of literature, criminal law, administrative law, politics and economics. 

If there is one reason to read Premarshi’s translated and edited work is his endeavor to give conceptual clarity on the writings of the great poet Vidyapati. The book discusses the views, theories and wisdoms propounded by the great poet. His political and administrative theories also find a prominent place in the book. I believe Premarshi’s Nepali translated version of Vidyapati’s Purush Pariksha should be a mandatory reading for sociologists, anthropologists, poets, lawyers, teachers, and students of various subjects, including literature and law.

“Let’s go to the cinema,” asked a boy. “I do not want to go today. Another time,” said a girl. “I want to spend some time with you. Let us go right now,” insisted the boy. “Not now. I want to go home,” said the girl with discomfort. The boy, now equipped with intimidation in his voice, continued to exert what we would call ‘stress’ upon the girl, and demanded that she heed his demands. The girl became nervous and teary. Upon looking at her vulnerable demeanor and consistent refusal to his offer, the boy started scolding her for not being ‘serious’ in their “relationship.”

After the boy had finished berating her for allegedly hurting his “expectations” and depreciating his “masculinity,” he left livid, and the girl returned home hurt and thinking as to why the boy did not respect her decision. Was it an ardent task for the boy to understand that she was in no mood to go with him that day? Dear readers, if the words ‘consent’ and ‘abuse’ popped in your mind, you have caught the essence of this article. If they did not, then worry not and enjoy this piece. 

“If it is not a clear ‘yes,’ then it is a clear ‘No!’”. We must have heard this statement numerous times, but do we have a clear understanding of what it means? The notion of consent is one of the most crucial aspects of an individual’s physical integrity and self-determination. It is not only a mere act of permitting someone to perform certain tasks but also an entire protection from them causing any harm to you. It is a vital aspect of an individual’s right to live with dignity and freedom as protected by Articles 16 (Right to live with dignity) and 17 (Right to Freedom) of the Constitution of Nepal.

Article 16 proclaims that every individual shall have the right to live “with dignity”. The clause at the end is paramount to make every individual realize that they are in control of their lives. They possess certain values to live a dignified life such as autonomy, self-determination, free will, privacy and more. Thus, the notion of consent further solidifies the attainment of a respectful life. 

In this article, I will be discussing consent pertaining to sexual crimes against women. Considering recent convictions and acquittals of so-called high profile Nepalese individuals in rape cases, the concept on consent of women has been a topic of discussion in the Nepalese social media. At present, it is not simply a matter of saying ‘yes’ or ‘no’ but examining the circumstances in which women utter those words. Let me direct you the abhorrent statistics of crimes of rape in three different fiscal years.

In the Annual Report published by the Office of the Attorney General of the fiscal year 2078/79, the district attorneys’ offices (all over Nepal) prosecuted 7,528 cases of rape amongst which 1,742 accused were convicted; in the fiscal year 2079/80, the offices prosecuted 7,343 cases of rape amongst which 1,911 accused were prosecuted. We can conclude two things, by looking at these numbers, one that rape is an ever-increasing heinous crime against women and children; the other, that the courts found that the victims in those cases had not expressed their “free consent” to engage in sexual acts. Thus, the perpetrators blatantly disregarded the notion of consent of the victims and committed those crimes.

How does our criminal legal system view consent and why is it so? Section 20 and explanation of Section 219 of the National Penal Code, 2017 maintain that permission can be deemed as consent, oral or in writing, only when it is solicited without mistake of fact, fear, undue influence, threat of injury or harm; is solicited from person with sound mind and sound cognition and is solicited from person who is at least eighteen years of age. Moreover, Section 219(2) does not deem any sexual act as consensual and legal if it involves a woman under the age of eighteen years. These laws exist, amongst other reasons, to protect the physical inviolability and physical integrity of women and children. 

In the case of Yadav Prasad Ghimire v Government of Nepal, Nepal Law Magazine 2072, Decision Number 9335, the court iterated the notion of consent as ‘choice’ and posited that a person consents if they agree by choice and has the freedom and capacity to make that choice. In this case, the Supreme Court held that the victim had not expressed her free choice of engaging in intimate activities with the accused and thus withheld the sentencing against the latter. Another remarkable case is that of Bhupendra Khadka v Government of Nepal et al, Nepal Law Magazine 2076, Decision Number 10342, in which the Supreme Court postulated that such consent solicited from a lower rank officer by a higher rank officer of Nepalese Army, to engage in intimate activities shall not be deemed as “free consent” due to unbalanced power relation and disparity of economic and social power. Such consent is merely a delusion and sexual acts performed subsequently shall are sexual abuse. 

Why is the idea of consent difficult to grasp? Probably, it has to do with stereotypes about women and gender norms. The journal article “Socio-cultural and psychological aspects of rape…” (2022) published by J K et al, highlighted reasons of rape such as misperception and negative attitudes towards women, masculine dominance, parenting style, immorality, revenge, perceiving women’s clothing as ‘provocative/revealing’ and lack of free sexual expressions. Maybe the answer to respecting women’s consent lies in two themes, one that parents must be the first teachers to teach children about respecting women, morality, sex and sexuality, consent, and hazards of masculine dominance; and the other one could be the standard of sex education in schools and colleges. Also, legal education about the age of criminal responsibility and offenses relating to sex can play a major role in instilling fear amongst people (especially teenagers) to prevent them from engaging in hazardous sexual activities. In my opinion, if we endeavor more to educate the public and students, in more efficient and effective ways, we may achieve a relatively larger reduction in such offenses against women and children. 

The author is student of law at Kathmandu School of Law