Submit your Article

Ghyang Phedi Secondary School of Nuwakot saw 16 of the 17 students fail in the recent Secondary Education Examination (SEE), a staggering 95 percent failure rate that underscores significant deficiencies in the school’s educational system. A closer observation reveals multiple contributing factors, including prevalent child marriage, with some students already having children, which disrupts their focus and continuity in academics. Additionally, underqualified teachers and an insufficient number of staff have resulted in a substandard quality of education compared to private schools.

Geographical challenges exacerbate these issues, with many students forced to walk for hours to attend school, creating significant physical and time burdens. Unlike students in private schools who often attend extra tuition classes, students from Ghyang Phedi Secondary School are typically engaged in household chores after school, further detracting from their academic pursuits.

This problem is not isolated to Ghyang Phedi Secondary School but is indicative of a widespread issue across Nepal. An alarming 52.13 percent of SEE students nationwide have been categorized as non-graded, meaning that more students failed than passed—a record high in the last five years. This rise in the failure rate coincides with a policy change in Nepal's grading system. Since 2016, students needed a 1.6 GPA to progress to grade XI, regardless of individual subject scores. However, starting this year, students must achieve at least 35 percent in each subject, both in theory and internal assessments, to advance. Failure to meet these criteria necessitates retaking the subject, even if the overall GPA exceeds 1.6. This change, intended to reform the education system and improve the quality of human resources, has made it more difficult for students to pass. However, expecting meaningful results without adequate investment in resources is unrealistic.

Class differences, economic disparities, geographical challenges, and societal structures remain substantial barriers to quality education in Nepal. For instance, Bagmati Province had a failure rate of 33.88 percent, while Karnali Province saw a failure rate of 50.02 percent. In Lumbini Province, 61.2 percent of students failed, and Sudurpaschim Province had the highest failure rate at 68.12 percent. The stark contrast between private and government schools has been evident across Nepal for decades. Private schools consistently produce better results due to better staffing, funding, infrastructure, and access to course materials. Students from more affluent backgrounds attend private schools, while others are compelled to attend under-resourced government schools. Bagmati Province, which has the highest number of private schools, also has the lowest failure rate, highlighting the role of economic and class disparity in the quality of education.

Geographical challenges further compound these issues. Bagmati Province, with the best transportation infrastructure, has the highest number of students appearing for the SEE exam. In contrast, students in other provinces must walk for hours to attend school, depriving them of easy access to education. Only 53,446 students appeared for the SEE exam from Sudurpaschim Province, compared to 99,872 students from Bagmati Province.

Educationist Biddhyanath Koirala says that the results are affected by teachers’ inability to teach according to the interests and needs of students. He also noted that students and their guardians do not seem serious about education. However, these results are not merely due to a lack of motivation among students but reflect deeper problems embedded in the education system. The inability of government schools to provide quality education has been a major contributing factor.

Vice-principal of Ghyang Phedi Secondary School Prem Syangtan echoed these sentiments, stating that the problem is not limited to their school but is a nationwide issue affecting government schools. Students are weak at a basic level due to the lack of qualified teachers. Syangtan says that in private schools, underperforming teachers are removed, whereas this cannot happen in government schools. Private schools are driven by the goal of achieving high scores, while government schools struggle to complete the syllabus. Syangtan is dissatisfied with the current education system and calls for an urgent need to reform Nepal’s education system. 

It is the government’s duty to ensure the quality education in all government schools by hiring qualified teachers, conducting parent orientation programs, improving infrastructure, and providing academic support to students after school hours.

In this highly competitive world, if a company or a business venture wants to survive in the market, merely maximizing the consumers’ satisfaction is not enough. The methods, technologies and strategies adopted by the company plays a crucial role. This is where the concept of a non-compete clause comes into play. 

Sometimes also referred to as restrictive covenant, non-compete clause is a part of an employment contract that aims to restrict the ability of an employee, generally those who hold senior level, to join a competitor during and after the termination of a job. These clauses vary in their components but they typically include a specified time period, geographic restrictions specifying prohibited work areas, a description of  prohibited services or proprietary information, identification of competitors or general industry restrictions, and provisions regarding damages in the event of a breach. The idea is that an employer generally invests a significant amount of time in an employee’s training. So, an employer doesn’t become interested in training such employees who will later turn around and seek other competing options of employment. Meanwhile, the main purpose of incorporating such clauses in an employment contract is to protect trade secrets, confidential information, proprietary information and intellectual property of an employer. By safeguarding such valuable assets, a competitive edge of a company is maintained. 

The practice of non-compete clauses is more common in sectors like IT, tech, finance and professional services, as employees in such industries often have to deal with sensitive information, client information and also there is prevalence of immense competition within such sectors.  A non-compete clause helps the company maintain their market share by putting a restriction on the movement of an employee to a rival company. However, recently such a clause has expanded into medium and small sized enterprises as well. 

Enforceability of non-compete clause in different jurisdictions

Irrespective of the ever-expansion of the non-compete clause in an employment, there has been a constant ongoing debate regarding its enforceability post the termination. Supporters of this clause claim that, non-compete clause is essential in order to protect the confidential information of the employer while critics argue that post-termination non-compete clause restricts an employee’s right to employment and living by limiting entrepreneurship and innovation, ultimately obstructing economic growth of the country. The enforceability of this clause varies widely across jurisdictions, influenced by different criterias like reasonableness of their scope, time duration and geographical limitations. 

USA: In the USA the Federal Trade Commission (FTC) banned a non-compete clause nationwide on 23 April 2024. According to Lina M Khan, the chairperson of FTC, “Non-compete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from more than 8,500 new startups that would be created a year once non-competes are banned. The FTC’s final rule to ban non-competes will ensure that Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.” Thus, the final rule by FTC bans nearly all the non-compete agreement between an employer and an employee. However, it hasn't explicitly kept a bar on non-disclosure agreements. 

UK: In the UK,  non-compete clauses are only enforceable to the extent that is necessary to protect the legitimate interest of an employer and is no wider than reasonably necessary. Simply demonstrating that the employer will endure from “more competition” isn't considered as a legitimate business interest. In wide terms, the courts have perceived that a legitimate business interest may incorporate protecting trade connections and, more by and large, goodwill, trade secrets and confidential information. The UK government in the policy paper “Smarter Regulation to Grow the Economy” proposed to limit the time duration of non-compete clauses in an employment contract to 3 months. 

One of the interesting concepts brought forth by the UK is the garden leave clause. It  is a practice where an employee who has resigned or been terminated  is required to stay away from the work during a notice period, while still being paid. 

Nepal: The Constitution of Nepal states in Article 33(2) that “Every citizen shall have the right to choose his own employment”. Similarly, Article 517 2(a) of the National Civil Code, 2074 makes a contract void that prevents anyone from engaging in any profession, trade  or business  not prohibited by law. However, as an exception, Section 517 2(a)(4) of  the same Code provides that an employment contract in which a person agrees not to work  for a competitor while he is still  employed or for a specified period after his retirement can be considered as a valid contract. It is noteworthy that the above provision of Nepal has confirmed both  pre- and post-termination non-compete clauses. But such  a clause must be for a specific period  and cannot be extended indefinitely.

Under Article 535 of the National Civil Code 2074, if one party breaches a contract, including a non-compete clause, the other party may claim compensation for any loss suffered. This provision is intended to protect businesses by providing  legal recourse for breaches  that harm their interests. In addition, Section 537 grants the injured party the right to recover actual loss or damage from the breaching party. However, it should be noted that the burden of proving the actual loss occurred due to the breach of the non-compete clause rests with the employer itself.

Potential alternatives to non-compete clauses 

There are viable alternatives to non-compete agreements which rather than restricting, support ideas, innovation and entrepreneurship. Non-Disclosure Agreements (NDAs) are one option to protect confidential information without limiting an employee's future employment opportunities. Another strategy is to introduce garden leave agreements, in which departing employees are paid time off during a notice period, but are not prevented from joining a competitor at a later date.

Nevertheless, it can be said that in practice, the enforceability of a non-compete clause is dependent upon different factors like reasonability, necessity and legitimate business interest of the employer. A nuanced approach shall be taken by carefully evaluating each case in order to ensure that these agreements or clauses strike a fair balance. While aiming to strike a fair balance, the bargaining power between the employer and an employee must be well inspected. This approach aims to prevent non-compete clauses from unfairly restricting individuals’ opportunities to earn a living while still safeguarding businesses from unfair competition.

Oftentimes, it’s not the meals we eat that pose a challenge to our fitness journey. It’s usually the snacks we have in between these meals that wreak havoc to our diet plans. The cookies and cake, the pakoras and samosas, and the one too many slices of pizza, it’s the things we grab when we are out that make weight loss or a healthier gut a thing you can only dream about. So, to help you reach your fitness goals, choose snacks with protein, fiber, and healthy fats to keep you full throughout the day. Here are our top five recommendations.

Avocado salad

This is one the easiest things you can make in the morning to carry around with you. It’s filling and healthy. Avocados contain many vitamins, minerals, and are an excellent source of good fats. Simply chop whatever veggies you have—carrots, cucumbers, onions will do—and toss it all with salt, lemon, and pepper before adding in some avocado, sliced or mashed. You can put some on crackers or toasted brown bread too or have it as a salad.

Homemade granola bar

You can make this beforehand and store it to use whenever you need something to nibble on. In a large bowl, add whatever nuts and seeds you have on hand. You can chop or roughly grind them if you want a finer bar. Add jaggery or dates to sweeten up the mix and spread it out on a baking tray. You can also add muesli or rolled oats to it. Bake for 20 to 30 minutes on medium heat. Let it cool before cutting it into bite sized pieces or bars.

Sweet potato fries

This tastes like regular potato fries if you do it right. It’s yummy and healthy since sweet potatoes are rich in beta-carotene that the body can turn into Vitamin A. It’s also a good source of antioxidants and fiber. Thinly slice some sweet potatoes, sprinkle some paprika over them, coat them with olive oil, and drop them in the air fryer or oven for 20 to 30 minutes on medium heat. Don’t overcrowd them else they won’t get crispy because of the steam. Once done, store them in airtight containers or zip locks to preserve crispness.

Chia seed pudding

Chia seeds are tiny nutritional powerhouses loaded with fiber, omega-3 fatty acids, and plant-based protein. By themselves, they don’t have much flavor, but these tiny seeds take on a jelly-like consistency when soaked in liquid, making them a great ingredient for puddings. Soak a tablespoon of chia seeds in Greek yogurt or plain yogurt, top with some fruits and seeds and you are good to go. You can also boil milk with rose petals and add chia seeds to it and then let it cool in the fridge.

Apple with peanut butter

Apples are a fiber-rich fruit. Peanuts provide healthy fats, plant-based protein, and fiber. It has pretty much all of the filling nutrients you should look for in a snack. The two together make for a crisp creamy snack, reminiscent of an apple pie. It’s a classic snack that is delicious and nutritious. The nutrients present in these promote heart health, reduce inflammation, and help control blood sugar levels. One thing you should stay away from is peanut butter containing added sugar.

Digital agriculture represents a significant shift in farming, integrating advanced technology to enhance efficiency and sustainability. This approach relies on tools that collect data, enabling farmers to make informed decisions.

Precision Farming: A key component of digital agriculture is precision farming, which utilizes sensors, drones, satellites, and internet-connected devices to gather detailed information about soil and crops. For instance, soil sensors can monitor moisture levels, while drones can capture images and videos of fields to identify areas needing additional water or nutrients, or spots where crops are affected by diseases or pests. This targeted approach allows farmers to apply water, fertilizer, or pesticides precisely where they are needed, reducing costs and minimizing environmental impact by avoiding excessive use of chemicals.

Variable rate technologies: Another crucial aspect of digital agriculture is the use of variable rate technologies. These allow farmers to adjust the amount of inputs like fertilizers, seeds, or pesticides applied to different parts of a field based on specific needs. For example, if a soil test indicates that one area requires more nutrients, a machine can automatically adjust the fertilizer application for that section. This ensures that each plant receives the optimal amount of nutrients, leading to healthier crops and higher yields while being environmentally friendly.

Smart farming systems: Farmers also benefit from smart devices such as sensors, drones, and satellites that connect to portable devices like laptops and smartphones via the internet. These systems can alert farmers to issues requiring attention, such as low soil moisture or early signs of pests. For example, a farmer might receive a notification that a particular part of the field is too dry and needs irrigation or that a disease is beginning to spread, allowing for early intervention to prevent more extensive damage.

Data analysis and decision support: Digital agriculture heavily depends on analyzing large volumes of data to guide better decision-making. By utilizing historical data alongside real-time information, farmers can predict weather patterns, optimize planting and harvesting schedules, and manage resources more effectively. This data-driven approach can lead to higher crop yields and reduced waste.

Environmental benefits: The adoption of digital tools also offers significant environmental benefits. By applying chemicals and water more precisely, farmers can reduce pollution and protect soil and water quality. For instance, precise fertilizer application minimizes runoff into nearby water sources, helping to keep water clean for drinking and wildlife.

Challenges and adoption: Despite these advantages, the effectiveness of digital agriculture is often limited to larger commercial farms. Smaller, fragmented lands may not be able to fully utilize these technologies, and the cost can be prohibitive for many farmers. Additionally, some regions lack the strong internet connectivity needed for these smart devices to function optimally. To overcome these barriers, governments and companies must collaborate to ensure that all farmers have access to these technologies and the necessary education to use them effectively.

Future outlook: As technology continues to advance and become more affordable, digital agriculture is expected to become increasingly common. Innovations like blockchain and advanced artificial intelligence will further transform farming practices, enhancing efficiency and sustainability.

In conclusion, digital agriculture is revolutionizing the way food is grown, making farming smarter and more sustainable. By harnessing tools like sensors, drones, and data analysis, farmers can produce more food with fewer resources and less environmental impact. As these technologies become more widely accessible, they hold the potential to revolutionize farming and secure a sustainable future for agriculture.