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World Elder Abuse Awareness Day is celebrated every year on June 15 to build strong support and awareness for elderly individuals present in society. People rarely talk about abuse, especially elderly abuse. It is a taboo in the Nepali community. The traditional Nepali society focuses on taking care of the elderly present in the family, mostly their parents who cared for them throughout their lifetime. Due to the gradual transition in society, it is noticed that older parents are usually neglected in the family. This often pushes elderly people toward isolation and depression. 

The elderly also face abuses in our society, which they can never even express or explain. Physical torture, such as beating and thrashing, is commonly recognized as abuse, yet abuse encompasses more than just violent behavior. Neglecting and ignoring elderly parents is equally harmful. This neglect fosters feelings of insignificance, causing seniors to disengage from normal activities and lose their sense of purpose in life. The elderly cannot reveal their pain since the norms and values forbid aged individuals to report the incidents of domestic abuse they face. They try to hide their feelings and feel guilty even if they complain about their children. The matter is not taken to the public sphere considering it a family issue without bearing in mind the sufferings they bear at this stage of life. 

The Constitution of Nepal 2015 has stipulated the fundamental rights of senior citizens in its Article 41, which ensures old age allowance, health services and transportation facilities for them. Further, the amendment of the Senior Citizens Act 2022 has also brought hope to lessen the inequality and irregularities vis-a-vis the issues facing elderly people. The children who misbehave with their parents are punished by the state.  However, there is a weakness observed in implementing the law. 

Many incidents are occurring regarding elderly abuse every day. The so-called literate people in the surroundings ignore it as the problem being personal and not concerning to all. No one wants to interfere in other people’s issues and often the victims are hesitant too. Mostly unaware of formalities that are required for complaint, the victims are forced to suppress their pain and accommodate themselves into their families somehow. I knew an elderly widow (79 years) from an urban area in Nepal. She was a beautiful, strong and curious lady, who visited Kathmandu every year for medical and recreational purposes. She was pregnant and a teenager when her husband passed away. She struggled throughout her life to raise her only son as a single mother. She would keep herself active, reading newspapers and listening to the radio to keep herself updated on the current political and social setting in Nepal. Whenever I met her, she would show interest in household activities like the preparation of meals. She would show this interest even in the household of her relatives she would visit in Kathmandu, considering them to be her close family.  Even though she used to motivate people around her with inspirational stories about the struggles that she lived through, there was a grief she would try to hide, something which she spoke about rarely.

Asked about her son and other family members, she used to be upset and would ignore the conversation. At times, she would hold back tears trying to keep the neglect from her children hidden from her other relatives. Rarely, when she could not bear the pain, she would casually admit the atrocities of her son and daughter-in-law. There are cultural constraints and stigma, which restrict people from offering proper advice. There is also a lack of information about the process of registering a complaint against their abusive family members. Depending on an uncomfortable family for support can make things harder for the elderly, leading to worse outcomes. A day came when a very untoward incident occurred, the elderly lady who had always seemed so brave could not tolerate the misbehavior of family members and resorted to taking her own life. 

She had struggled throughout her life to bring up her only son, who ignored and neglected her throughout lifetime, taking property and never acknowledging or even speaking to her. She stayed alone doing her everyday chores on her own. I have not been able to get this event out of my head. I could never have imagined a bold and daring lady like her who took such a step. It must have been unbearable pain that she felt that she could not share with people around her. In the past five decades when she was young, she could bear the agony but over time she took such a step in her last stage of life. Most of us normally feel that the elderly members of our family are happy and content as they smile and never complain about their lives. We often ignore asking about their problems and avoid spending time with them. Their external appearances may hide their true feelings and mislead the family members. Even if the government has planned to reward the family members of the elderly who treat them properly, the nuances in the family are yet to be reviewed and implemented. 

There are very few abuse reports registered in police related to the elderly mainly due to the culture of the society. There is also a lack of information sharing about laws associated with the elderly at the local level. A Judicial Committee (Nyayik Samitee) is formed in each of the 753 local-level units, the deputy mayor in municipalities and the deputy chairperson in rural municipalities are responsible for justice in specific issues. Their duty involves resolving disputes and creating harmony in society. With the change in the demographic structure of Nepali society, from joint family to nuclear family there is a need to monitor elderly citizens residing in or outside the family. Further, there is also a prerequisite to know whether the elderly are aware of the rights and legal procedures relevant to help them. The psychological and emotional torture the elderly bear in the form of harassment, humiliation and control of their action often leads to depression and anxiety. When it is intolerable, people can take steps like ending their lives. It is important to identify and take action against elderly abuses going on in families and society to build safe and peaceful areas for all individuals to live gracefully and with dignity. It is imperative for a civilized society and local government officials affiliated with the Judicial Committee to vigilantly oversee and regulate activities concerning the elderly across all facets of community life, placing a heightened emphasis on fostering respect and gratitude toward older generations. It is not practical to adapt and follow the structure and instruction given by the international forum. There should be use of local mechanisms to reduce abuses in any form from the society. Let the law give effective punishment to abusers and create an environment where the victim can come without hesitation and speak about the misconduct they are facing. In addition to the legal remedies, there should also be social education. The younger generation should be taught about the caring and sharing of issues relating to the elderly in different areas of life. If the elderly do not feel comfortable at home with their family, old age homes can also be a viable option for living with professional assistance. The negative light in which retirement homes and care centers are viewed can be changed by creating a mechanism for monitoring and accountability of such facilities.

A high-level Chinese government delegation is visiting Nepal at the invitation of the Ministry of Home Affairs. The five-member team under Ye Hanbing, Vice-governor of Sichuan Province and Commissioner of the Public Security Department of the province, is arriving in Nepal on Tuesday morning. The Ministry of Foreign Affairs and the Ministry of Home Affairs are coordinating the visit.

According to sources, Hanbing’s team will meet with the Foreign Minister, Home Minister, Home Secretary, and other high-ranking officials. Home ministry sources indicate that discussions on matters of mutual and security interest will take place during the meeting. The visiting team includes Deng Hua, Zheng Xiaoqing, Zhong Ke, and Thang Jianxin. 

Of late, there has been a surge in high-level visits from China.

Immediately following Hanbing’s visit, a delegation under Chinese Vice Foreign Minister Sun Weidong will arrive in Nepal. According to the foreign ministry, Sun's team will participate in the 16th round of the Nepal-China Diplomatic Consultation Mechanism meeting. The foreign ministry of Foreign Affairs is making preparations for this visit.

Recently, China has intensified its activities in Pokhara and Lumbini, in addition to Kathmandu. For the Chinese New Year, the Chinese Embassy in Nepal organized various programs in Pokhara and Lumbini. Just last week, a high-ranking Chinese official visited Lumbini and Kathmandu. Chen Ruifeng, Chinese Minister for the National Religious and Cultural Affairs Administration, visited Lumbini last Wednesday, accompanied by Chinese Ambassador to Nepal Chen Song, Huang Zhihui, director-general of the General Bureau of National Religious Affairs Administration, and Venerable Master Yin Shun, a member of the Chinese People’s Political Consultative Conference and Vice-chairman of the Buddhist Association of China.

Minister Chen laid the foundation stone for a structure to be built next to the Chinese monastery in Lumbini. Participants in the foundation-laying ceremony included Yin Shun, Ambassador Song, Lumbini Development Trust (LDT) Vice-chairperson Lhyarkal Lama, Registrar of Lumbini Buddhist University Tilakram Acharya, and Deputy Mayor of Lumbini Sanskritik Municipality Kalpana Harijan.

Minister Chen also visited the office of Vice-chair Lama at the LDT. He stated that his visit aimed to promote tourism in Lumbini and sustain cultural relations between Nepal and China. Minister Chen toured the Maya Devi Temple, Ashoka Pillar, Pushkarani Pond, and Shanti Deep to gather information about Lumbini.

Also, Vice-chair of the Chinese People’s Political Consultative Conference (CPPCC), Bateer, paid a courtesy call on Prime Minister Pushpa Kamal Dahal on Sunday. During the meeting, they discussed bilateral relations, mutual cooperation, and the implementation of various agreements between the two countries. Prime Minister Dahal expressed satisfaction over the gradual implementation of the agreements reached during his recent visit to China. He thanked the Chinese government for operationalizing the traditional 14 checkpoints along the Nepal-China border and for gradually implementing important agreements.

On June 3, Ramhari Khatiwada, chairperson of the State Affairs and Good Governance Committee, presented the committee’s report on the Constitutional Council (Functions, Duties, Powers, and Procedures) (First Amendment) Bill, 2081, to the House of Representatives. The committee unanimously passed the bill on the same day, including a provision that decisions require the Prime Minister’s agreement.

The bill had been delayed due to disputes among political parties over whether the Council could make decisions without the Prime Minister's consent, given the absence of legal provisions regarding the Constitutional Council.

Why was the Bill presented?

According to Khatiwada, the bill was necessary to resolve the dispute between the Congress and UML parties regarding the Prime Minister’s consent for Council decisions. The committee decided to present the report amending the Constitutional Council (Functions, Duties, Powers, and Procedures) Act, 2066, to parliament.

The bill stipulates that decisions can be made by the Constitutional Council if the Chairperson and at least 50 percent of the current members are present. Previously, when the Congress-Maoist alliance was in power, the UML, then the main opposition, insisted that decisions should be possible without the Prime Minister's agreement. However, with the formation of the UML-Maoist-RSP ruling coalition, the UML has dropped this stance. The Constitutional Council includes the Prime Minister as chairperson, the Chief Justice, the Speaker, the National Assembly Chair, the leader of the main opposition party, and the Deputy Speaker. The bill specifies that a Council meeting quorum is met if the Chair and at least 50 percent of the current members are present. If a unanimous decision cannot be reached, the decision will be made by a majority vote of the Chairperson and at least 50 percent of the current members.

Expert opinions

Former chairperson of the Public Service Commission, Umesh Mainali, emphasized that the original intention of the Constitutional Council was to represent high-level officials to protect national interests. He suggested that the Council should appoint officials from a vetted shortlist, ensuring transparency and public accountability.

Gopal Krishna Ghimire, Chairperson of the Nepal Bar Association, criticized the bill for undermining the balance of power by placing constitutional bodies and the judiciary under executive control. He stressed the need for the Council to remain independent and free from political manipulation.

Constitution expert Bhimarjun Acharya warned that if the bill, allowing the executive head to dominate Council decisions, is passed, it would undermine the judiciary and other constitutional bodies, violating principles of power balance.

Senior advocate Dinesh Tripathi echoed these concerns, stating that the bill disrupts the balance of power and turns the Council into a tool for political bargaining and personal appointments.

Constitutional Council politics

In 2077 BS, amid disputes within the then-ruling Nepal Communist Party (NCP), the KP Oli-led government dissolved Parliament and appointed 52 officials to constitutional bodies. These appointments are currently under Supreme Court review, raising questions about the legitimacy of the Council used for political interests by both ruling and opposition parties.

History of the Constitutional Council in Nepal

The Constitutional Council was first introduced in the 2047 BS Constitution to ensure democratic appointments to key state bodies. The Interim Constitution of 2063 BS continued this provision after the monarchy’s fall. Before 2047 BS, appointments were made by the king based on Cabinet recommendations.

Provisions in the 2015 Constitution

The 2015 Constitution mandates that appointments to constitutional bodies adhere to inclusion principles and maintains the Constitutional Council chaired by the Prime Minister. The Council includes high-ranking officials and requires parliamentary hearings for appointments.

Working mechanism

The Prime Minister, as Chair, calls Council meetings, notifying members 48 hours in advance. If consensus is not reached, the meeting adjourns, and a new meeting is called. If there is still no agreement, decisions are made by majority vote, followed by parliamentary hearings for the recommended candidates. The President then appoints the approved candidates.

Importance

Experts highlight that the Council was established to ensure representation from all state branches, maintaining the separation and balance of powers. Constitutional expert Adhikari argues that Council recommendations are more democratic than those by the Cabinet alone.

Conclusion

The Constitutional Council (First Amendment) Bill, 2081, is controversial as it mandates the Prime Minister’s agreement for Council decisions, shifting power towards the executive. While the bill aims to resolve political disputes, it faces criticism for undermining judicial and constitutional independence. Historically, the Council was designed to ensure balanced appointments across state branches. Recent political maneuvers, however, have compromised its impartiality, raising concerns about maintaining the separation of powers in Nepal’s governance structure. The necessity and structure of the Constitutional Council continue to be subjects of political debate and judicial scrutiny in Nepal.

The Chinese People's Political Consultative Conference (CPPCC) Vice Chairman Bater met with Prime Minister Pushpa Kamal Dahal at the latter's office in Singhadurbar on Sunday.

During the meeting, issues of bilateral relations, mutual cooperation and implementation of the bilateral agreements and consensus were discussed.

On the occasion, Prime Minister Dahal expressed pleasure at the gradual implementation of different agreements signed between Nepal and China during his latest China visit, the PM's Foreign Advisor Dr Rupak Sapkota said.

The PM also thanked the Chinese government for its decision to resume 14 traditional points along the Nepal-China border.

The PM also expressed confidence for the gradual implementation of other agreements signed between the two countries. 

Likewise, discussions were held to further expand the exchanges of parliamentary exercises between Nepal and China.

On the occasion, the CPPCC Vice Chairman Bater said China attaches top priority to its relations with Nepal and the areas of cooperation would be further deepened in the coming days.