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In many legal systems, obstructing justice—which includes acts that prevent the law from being administered properly—is a serious offense. Even though they are frequently linked to well-known situations, not every blockage is obvious. Sometimes a seemingly little action or a "discreet error" might inadvertently result in charges of impeding justice.

Obstruction of justice

Any action that impedes the judicial or law enforcement processes is considered an obstruction of justice. It may entail lying under oath, deleting evidence, manipulating witnesses or taking any other action that prevents inquiries or prosecutions. Such hindrance frequently aims to shield people from legal responsibility or to stop the truth from being discovered.

In the context of obstructing justice, a ‘discreet error’ is an action that may not seem explicitly illegal or deliberate but yet causes justice to be obstructed. These mistakes may be the result of simple oversight, bad judgment or misunderstanding. But the legal repercussions can be as bad as intentional obstruction.

In the digital age, it’s simpler than ever to unintentionally delete information, such as emails or files that could later be seen to be crucial to a case. Even if the deletion was inadvertent, it may be considered obstruction if it is thought to have impeded an inquiry. A person may misremember a crucial element or misunderstand the question while making a testimony to law enforcement or a court, although this is not always done maliciously. If this has a major effect on the case’s result, it may still be considered obstruction. If minor errors in documents, filing delays or paperwork hold down the legal procedure, they may also be considered obstructive.

Actions and consequences

Intent is a key factor in establishing responsibility in discrete mistake situations. Courts frequently take into account whether the person had criminal intent or if the mistake was genuinely unintentional. Even without purpose, though, there might be dire repercussions, particularly if the mistake has a big effect on a case. Criminal records, fines and imprisonment are examples of legal consequences that may have long-term effects on one’s reputation and ability to find work. Furthermore, even if the conduct was an error, the mere charge of obstructing justice can have detrimental effects on one's reputation and career.

The fine line

Imagine that during a regulatory probe, a company leader unintentionally erases a collection of emails. Even if the deletion was unintentional, the executive might be charged with obstructing justice if these emails were pertinent to the inquiry. The court would next have to decide if the deletion was an inconspicuous mistake or a purposeful attempt to hide misconduct. Even if purpose could lessen the seriousness of the accusations, the mistake might still have legal repercussions. This case serves as an example of how a minor error may turn into a major legal problem. Important case laws that have influenced how obstruction of justice is interpreted and used in various legal systems, especially in the US.

US v Nixon (1974)

In this historic case, President Richard Nixon used executive privilege to justify his refusal to make public tapes of discussions that were pertinent to the Watergate scandal. In a unanimous decision, the Supreme Court held that the President may not conceal evidence from a criminal inquiry by claiming executive privilege. Because it reaffirmed the idea that everyone is subject to the law, including the president, this ruling had a direct bearing on the obstruction of justice. Regardless of the status of the person involved, the decision showed that attempts to obstruct an inquiry, even by withholding evidence, might be seen as obstruction. (418 US 683)

US v Trump (Ongoing)

In connection with the Mueller investigation into Russian meddling in the 2016 election, former President Donald Trump is accused of obstructing justice in this case, a case which is still pending and developing. In other cases, including attempts to sway witnesses or restrict the investigation, Trump’s conduct may have amounted to obstruction, according to the Mueller Report. Even though there were no charges during his administration, this case is nonetheless important in the changing definition of obstruction. The case highlights the difficulties in bringing obstruction charges against well-known politicians and calls into question the boundaries of executive authority and responsibility.

Why it matters

To operate efficiently, the legal system depends on the collaboration of all stakeholders, including law enforcement, attorneys, witnesses and defendants. The rule of law is undermined when justice is obstructed, making it more difficult to find the truth and provide just results. When they interfere with an inquiry, even little mistakes can have a significant impact on the public's confidence in the judicial system. To guarantee that no one obstructs the pursuit of justice, regardless of their motivation or status, it is imperative from a legal standpoint to prosecute cases of obstruction of justice. By doing so, accountability is upheld and the correct procedures are followed by all parties participating in judicial proceedings. Even a minor mistake can become a major legal obstruction of justice. Though these mistakes might not be as deliberate as more overt obstruction, they can still have negative effects on people and the legal system overall. Anyone participating in judicial procedures has to understand how important correct and transparent activities are. Both individuals and legal professionals should be mindful that even little, inadvertent mistakes can have serious repercussions, and they should be cautious to refrain from taking any act that can be interpreted as obstructive. Obstruction of justice, whether deliberate or unintentional, jeopardizes the integrity of court processes and ought to be treated with the gravity it merits.

Rastriya Swatantra Party (RSP) chairman and former Deputy Prime Minister Rabi Lamichhane has spent 13 days in police custody in Kaski, sparking street protests from his party members and supporters who argue his arrest is politically motivated. They contend Lamichhane is uninvolved in the alleged misappropriation of cooperative funds and that his detention is intended to weaken RSP. Lamichhane, previously a TV show presenter and managing director of Gorkha Media, which owns Galaxy Television, was arrested based on a parliamentary probe into cooperative fund misuse nationwide.

Some cooperative victims have filed cases against Lamichhane in Pokhara and Lumbini. While the parliamentary panel found no direct evidence linking Lamichhane to cooperative fraud, it noted substantial cooperative funds had flowed into Gorkha Media, where Lamichhane holds a minor share and acted as managing director. Police are investigating him on charges of cooperative fraud, money laundering, and organized crime. Reports indicate JB Rai, a key figure connected to the case, is in communication with state authorities, signaling his willingness to return to Nepal and assist in the investigation.

The Rupandehi court has permitted police to arrest Lamichhane for further inquiry, suggesting that the process may extend, particularly given the money laundering charges. Lamichhane’s lawyers argue that his role as managing director of Gorkha Media does not inherently imply misappropriation, emphasizing that his lack of direct involvement in cooperatives exempts him from fraud charges. Meanwhile, RSP leaders claim Lamichhane’s arrest is part of a broader political agenda to hinder RSP’s influence, which critics view as an attempt to interfere with judicial processes through public protests and pressure on the government. They are also said to be in talks with the ruling parties to make an environment for his release stating that investigation can be continued even after freeing him.

Lamichhane, who transitioned from popular television host to political leader, founded RSP in 2022. His efforts to advocate for Nepali migrant workers and expose corruption earned him substantial public support, propelling his party to become the fourth-largest in the House of Representatives with 21 seats. 

Growing public dissatisfaction against major political parties—Nepali Congress, CPN-UML and CPN (Maoist Center)—also helped the party. Initially, RSP had few prominent faces aside from Lamichhane, but figures like Swarnim Wagle have since joined, expanding the party's profile.

Lamichhane’s political career was hit by one controversy after another right from the beginning. Soon after he was elected to the House of Representatives and became Minister for Home Affairs, the legality of his citizenship came into question. He was also accused of holding dual passports. He lost his parliament seat over his citizenship controversy and had to re-contest the election from Chitwan, which he won comfortably.  The issue of his citizenship has already been resolved but the one relating to his alleged dual passport still remains.

Lamichhane’s arrest over cooperative fraud has polarized public opinion. Some view it as a necessary legal action following parliamentary recommendations, while others see it as an orchestrated attack by established parties seeking to stymie RSP’s rise. RSP leaders highlight inconsistencies in enforcement, citing the government’s reluctance to arrest figures linked to cooperative fraud within the ruling coalition, such as Dhana Raj Gurung from Nepali Congress and others associated with CPN-UML. Prime Minister KP Sharma Oli noted that 600 arrests have been made in connection with cooperative fraud, though RSP claims selective enforcement targeting Lamichhane alone is politically driven.

The 2022 general elections and subsequent by-elections indicated that RSP could pose a significant threat to the three major parties. But whether Lamichane’s arrest could benefit the party or affect its popularity remains unknown. Already, there are concerns that if Lamichhane gets convicted, the party could face a political setback. RSP is yet to build its organizational structure, particularly at the local level. The party has solely relied on its popularity as an alternative political force against the old parties to win votes. 

Now amid Lamichhane’s prolonged detention, his party is concerned by signals indicating his potential detention until the Chhath festival. RSP leaders say this extension represents systematic harassment and misuse of state resources. The Kaski District Government Attorney's Office will decide whether to formally charge Lamichhane based on the ongoing police investigation. If charged, he would face suspension from his parliamentary seat and trials in Rupandehi and Chitwan for alleged involvement in cooperative fraud.

The RSP has adopted a dual strategy of mobilizing street protests and engaging in dialogues with other political entities to secure Lamichhane’s release. They have organized a protest coordination committee led by Vice-chairman Dol Prasad Aryal, alongside a political-civic dialogue committee headed by Wagle, to build alliances with like-minded parties, civil society, and the public. Although RSP’s constitution allows its vice-chairpersons to manage operations in Lamichhane’s absence, internal confusion over shared responsibilities has prevented the appointment of an acting president.

With RSP claiming retaliatory state actions against their leader, they continue to press for his release, advocating for an investigation that respects due process while cautioning against a selective legal approach that could undermine public trust.

Mental health is not just the absence of mental illness. It encompasses overall well-being that allows individuals to work effectively, manage stress, and contribute to their communities. Workplace stressors, such as excessive workload, bullying, and harassment can significantly harm mental health. This is especially true in high-pressure fields like healthcare, where long hours and emotional strain increase the risk of burnout.

Globally, depression affects 264m people. It’s one of the leading causes of disability. Depression and anxiety disorders together cost the global economy approximately $1trn annually in lost productivity. In demanding professions like healthcare, workplace stressors exacerbate these challenges, negatively impacting those responsible for caring for others.

In one of the studies from Nepal, it was found that the Covid-19 pandemic highlighted significant mental health challenges in the workplace. The same study found that 86 percent of respondents reported moderate stress levels, and 5.2 percent experienced high stress. Additionally, 24.6 percent of participants screened positive for anxiety, while 33.3 percent showed signs of depression. Poor sleep affected 17.5 percent of individuals, and 15.8 percent noted a decrease in their work efficiency.

These findings point to a critical need for regular stress management programs in the workplace.

The stress and mental health issues faced by corporate employees underscore the importance of addressing workplace conditions. A toxic work environment can lead to physical and mental health problems, substance abuse, absenteeism, and reduced productivity. According to the World Health Organization (WHO), promoting mental health in the workplace and providing support to employees can reduce absenteeism, boost productivity, and contribute to economic benefits.

Excessive workloads, long hours, and administrative burdens often leave professionals, particularly doctors, with little time to rest and recover. This ongoing pressure can lead to burnout, diminished job satisfaction, and an increased risk of mistakes. Similarly, toxic workplace behaviors, such as bullying and harassment, contribute significantly to poor mental health. These issues, often unaddressed, can lead to anxiety, depression, and even cause professionals to leave their jobs. This not only affects individual well-being but also disrupts team dynamics and reduces the quality of work.

On the other hand, maintaining a healthy balance between work and personal life is essential for well-being but is particularly challenging in demanding careers. Professionals often struggle to find time for rest, family, or hobbies, which further contributes to stress and burnout. However, achieving a balance is possible through regular exercise, meditation, and setting clear boundaries between work and personal time.

Maintaining mental health, especially in high-stress industries, requires both individual and organizational efforts. Prioritizing mental health by taking regular breaks, engaging in hobbies, and seeking therapy when necessary can help prevent burnout. Professionals must learn to set boundaries to avoid overwork, such as turning off work emails after hours or taking vacations. Organizations should create environments where employees feel safe discussing mental health without fear of judgment. Access to mental health resources, flexible work hours, and peer support networks are crucial for maintaining a healthy work environment.

The theme for World Mental Health Day 2024 is ‘It’s Time to Prioritize Mental Health in the Workplace’. This theme emphasizes the urgent need for businesses, governments, and individuals to take action to improve mental well-being in professional settings. With over 60 percent of the global population engaged in employment, the workplace has a significant impact on mental health, both positively and negatively.

This year’s campaign focuses on fostering supportive, stigma-free environments where mental health is treated with the same importance as physical health. Mental health in the workplace is a crucial factor for maintaining a productive and engaged workforce. By addressing stress, bullying, and promoting a healthy work-life balance, organizations and employees can work together to create a supportive environment that fosters well-being and success.

The author is a psychiatrist

During Nepal’s festive season, consumption surges, bringing mixed effects: economic benefits alongside environmental concerns.

Overconsumption is a situation where consumers overuse available goods and services. An easy distinction between regular consumption and overconsumption can be characterized by the quantity of goods and services consumed; consuming any amount more than what is essential or actually needed is overconsumption. It goes beyond just economic terminology—it’s a pattern that can strain both personal budgets and natural resources.

Festivals like Dashain and Tihar are celebrated with great anticipation, traditionally marked by buying new clothes, indulging in foods, and restocking households with decorative items. This period sees a significant increase in retail activity, with shops offering discounts to encourage more spending. As a result, Nepal sees a peak in consumption—often bordering on overconsumption—during this time.

According to sociologist Ramesh Parajuli, “Overconsumption during the festive season is apparent. It has become a trend in society to spend more during Dashain and Tihar.” He added: People tend to imitate each other; if one person spends a lot, others feel the need to do the same.

Roshana Shrestha, a wholesale shopkeeper in Baneshwor, noted increased sales of goods during Dashain, “During this festive season, sales are definitely higher. Packaged food items were sold more during Dashain, and for Tihar, people have already started to purchase dry fruits.”

Feasts during Dashain are often incomplete without meat. “Business peaks during Dashain and Tihar. Demand is very high, so we stock more accordingly,” said Sandip Lama, a meat seller from Sinamangal.

Sajina Kunwar, a consumer, said, “Consumption in my household is high during the festive season. However, due to the increasingly expensive prices in the market, we have been buying less than in previous years. The monthly budget for the household is definitely higher during Dashain and Tihar, maybe almost double.”

Overconsumption also affects the environment. According to the United Nations Environment Programme: “We are currently consuming more resources than ever, exceeding the planet’s capacity for generation.” As ecosystems are not able to keep up with excessive, growing resource extraction, overconsumption leads to deterioration of the natural world. The theory is straightforward; the more we consume, the more resources get depleted in order to produce what we consume. As natural resources are limited, and resources are depleted at a rate faster than they can replenish, overconsumption leads to deterioration of the environment.

According to findings from UN Environment’s Global Resources Outlook 2019, resource extraction has more than tripled since 1970. In recent years, urban expansion in Nepal has converted land use from agricultural to urban and peri urban settlements. The conversion rate of rural into urban areas jumped from 23 percent in 2014 to 66 percent in 2017. There is less land available for growing crops and raising livestock, reducing overall food production.

With reduced local agricultural capacity, urban areas often turn to imported food to meet demand. This increases the need for transportation, which consumes more fuel and contributes to greenhouse gas emissions, further stressing the environment. To compensate for lost agricultural areas, new farmland is often carved out of natural ecosystems, like forests, leading to further environmental degradation and deforestation.

As we consume more, more waste is produced. About 3.32m people in 18 municipalities of the Kathmandu Valley generate more than 1,200 tons of municipal solid waste daily, most of it ending up in landfills, dumped in the open, or burnt at sources.

During the festive season, as consumption in Nepal peaks, so does the waste produced. Devendra Khadka, managing director of Action Waste Pvt Ltd, a waste collection and management company, said, “Obviously, more waste is collected during Dashain and Tihar. We categorize our waste as wet and dry. While the volume of both kinds of waste is higher during the peak festive season, wet waste is often even more. Wet waste consists of biodegradable waste such as from the kitchen, flowers and other things used for festivities.”

The current problem of waste management in Nepal makes the issue even worse. Madhukar Upadhya, climate change and climate finance expert, said, “Consumption during Dashain, Tihar, and Chhath is higher than the rest of the year, especially in terms of items used for worshiping, such as flowers and jamara, food items, kitchen waste, etc. Houses are deeply cleaned before Dashain. This results in more waste. Disposal of such waste is what raises concern for the environment.

“I see that some houses burn the wastes. This results in air pollution and has detrimental effects on the environment. Burning plastic has severe effects on the health of people. Disposal of waste in water bodies is another issue. During the festive season, this is even higher. If we look at the rivers in Kathmandu, they look more like sewage drainage than water bodies. Proper waste management is crucial, especially during times when waste collection is high.”

While buying a new pair of jeans, a chiffon saree or a box of sweets as a way to celebrate the festival could do no harm, the problem arises in mindless shopping. But what dictates how much consumption is too much?

Baburam Adhikari, spokesperson for the Ministry of Industry, Commerce and Supplies, said, “It is our culture to consume more and wear new clothes during the festive season. So the festive season is known to cause a surge in spending, driving demand in the market, and helping the economy flourish.”

A delivery driver from the courier service provider, Nepal Can Move, said orders double, even triple, during the festive season. Even international couriers to Nepal are also higher.

Some economists estimate that 40-70 percent of market activities take place during Dashain and Tihar. Increased demand supports local artisans and small businesses. Items for puja, including flowers and garlands, are in high demand, especially during Tihar, boosting domestic industries and supporting livelihoods.

Laxmi Magar, a tailor based in New Road said, “The number of orders almost doubles during Dashain and Tihar. The festive season is like a breath of fresh air in an otherwise challenging economic climate.”

For small business owners like Magar, the festive season is crucial for profitability. While festive overconsumption supports the economy, its environmental toll is concerning. To balance these impacts, sustainable consumption practices are essential. Small adjustments, such as thoughtful purchasing, reusing decorations, and responsible waste disposal, can help preserve Nepal’s natural resources. By adopting mindful consumption, Nepal can celebrate responsibly, ensuring both economic resilience and environmental health.