Habeas corpus: Protection against unlawful detention

Habeas corpus, popularly called the “great writ of liberty,” is one of the fundamental laws that guarantee individuals protection of personal freedom from any unlawful or arbitrary detention. It is an essential instrument of doing justice according to the rule of law and thus the cornerstone of every constitutional democracy in the world, including Nepal. The phrase originates from the Latin “habeas corpus,” which means literally, “you shall have the body.” By this law, a person who has been unlawfully detained or imprisoned may have recourse to a court of law to challenge that detention. Keeping all the constitutional and other legal provisions provided for the protection of personal liberty in Nepal in mind, habeas corpus is a prominent instrument in the dispensation of justice, human rights, and the accountability of state organs.  

Nepal, as a constitutional democracy, has solemnly ethical considerations of habeas corpus incorporated into the legal arrangement by virtue of Article 133 of the Constitution of Nepal, 2015. Under this provision, every person shall have the right to present a habeas corpus petition before the Supreme Court or the High Courts against illegal detention. 

The primary aim of the doctrine is to protect any authority, be it the government or some private entity, from infringing upon the freedom of the individual without legally acceptable justification. Habeas corpus has always been viewed by the courts in Nepal as a protection against arbitrary detention so that no one is sent to detention unlawfully.

Next to life, personal liberty is perhaps the highest right appreciated by mankind. Article 3 of the 1948 Universal Declaration of Human Rights states: “Everyone has the right to life, liberty and security of person,” which basically underscores this personal liberty. Article 9 of the International Covenant on Civil and Political Rights (ICCPR), to which Nepal is a party, states, “No one shall be subjected to arbitrary arrest or detention” and goes on to say that “anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.” These provisions and many others have formed part of Nepal’s law and thus come under the obligations of the state to respect and enforce human rights. The Constitution of Nepal goes a further step in protection of personal liberties. It grants freedom under article 17: “No person shall be deprived of personal liberty without the due process of law.” Article 20 seeks to do justice requiring that persons arrested are informed of the reasons for their arrest and are able to access legal counsel and be produced before a judicial authority within 24 hours of their detention. In addition, article 22 specifically prohibits torture and inhumane treatment and allows for access to remedies for the victims of such wrongful acts. These protections under the constitution find additional expression in the National Penal Code of 2017 making acts such as unlawful detention, secret detention or detention under inhumane conditions punishable. Provisions for compensation to the victims of unlawful imprisonment are proof enough of how Nepal stands for the violations of personal liberty.

Nepal’s habeas corpus mechanism suffers from various hurdles for effective implementation despite these solid legal frameworks. Arbitrary detention has continued to be a concern in times of political unrest or emergencies. The authorities have consequences on dissent and political opponents using preventive detentions as constitutional law in Article 23 allows whereas these purported preventive detentions have not always been justified by evidence or due process constituting a clear violation of the fundamental rights of the individuals. The situation worsened because of the general unawareness of the citizenry about such rights and the habeas corpus mechanism. Many persons more so in rural or marginalized communities- are unaware of their right to seek justice for unlawful detention or have no means to access relevant legal aid. Another major undermining factor is delay in the judiciary. Though the Constitution prescribes that habeas corpus be acted upon without delay, inefficiency effectively causes prolonged detention without recourse. Limited judicial resources, backlogged courts, and procedural complexity would have all had a hand in the delays, thus limiting, if not incapacitating, the efficacy of habeas corpus as a remedy. There have also been recorded incidents of noncompliance of the judicial orders by law enforcement agencies, which further testify to the need for mechanisms that would enhance accountability for and adherence to the rule of law.

The challenges can be addressed by proposing several solutions. The foremost among these solutions relates to public-awareness campaigns geared towards educating the citizenry about their constitutional rights, especially the remedy of habeas corpus against unlawful detention. Legal aid services must extend in rural and economically backward areas to ensure that a person of any economic status has access to justice. Investment by the government to strengthen the judiciary with more judges, court infrastructure, and procedures ensuring the speedy hearing of cases is recommended. In addition to this, there should also be an implementable oversight mechanism to monitor law enforcement agencies and prevent their misuse. Training for policemen and other authorities must promote understanding and respect for human rights and the rule of law. Thus, independent bodies also have to be set up for the investigation of complaints regarding unlawful detention and ensure accountability for violations. In addition, a judiciary needs active enforcement of its own orders and punishment against the non-obedience so that the dignity of the system itself is upheld. 

Consequently, the most vexing problem is to strike that proper balance between civil liberty and national security. In case of disturbances to public order or national sovereignty, preventive detention can be justified by authorities under Article 23 of the Constitution. Such measures should be resorted to only in very exceptional circumstances, and when so warranted, the law must ensure proportionality and due process in their application. Clear guidelines defining the extent of powers that can be exercised in the context of preventive detention will mitigate the risk of misuse of those powers, while an independent and regular system of judicial review should be maintained. For constitutional provisions, legislative framework, and compliance with international human rights standards are indicators of the commitment of the state of Nepal to uphold the rule of law and personal liberty. The realization of these safeguards can only be through the vibrant synergy of government, judiciary, civil society, and the citizens of Nepal. Only collective vigilance will make the promise of habeas corpus as an instrument for justice and the curtailing of abuse a reality.

Books and music inspired decor

For those of us who love books and music (and quite frankly, who doesn’t?) it’s always a good idea to be surrounded by them. It will make us want to read more, discover new artists and music, and thus live an inspired life. In most homes, despite housing voracious readers and music aficionados, books and music take up good space but aren’t really a part of the decor. They are there as essentials. But these elements can be incorporated in different parts of your house to make your home feel lived in, cozy, and like an extension of your personality. Here’s a quick guide on how you can use books and music seamlessly around the house.

Books make great coffee table decor

Coffee table books make an artistic statement. Choose one (or a few) you like and make sure it has a striking cover and place it on your center table as a focal point. You can choose to use multiple books and create a little stack with a decor item or a wooden box on top to hide your remotes and controllers.

Display your cookbooks

Every house, where books are loved, is sure to have a few cookbooks. Dedicating a corner of the spice rack to these treasure troves of recipes or even just putting them near the chopping board on the counter works as a stunning and functional decor idea. They will look nice and you will be inspired to whip up delicious meals.

Get a simple sound system

There’s nothing better than having soothing music playing in the background as you work or when you have guests over. These days, thanks to smartphones, we rely on our phones and tablets to listen to music. While there is nothing wrong with that, a good sound system however, with speakers in multiple rooms, can change the vibe of your space.

A wall of vinyls or covers

These work well with book covers too but a wall especially dedicated to old records or their covers adds a lot of intrigue to a space. Create a gallery with your favorite records or if you are still playing them, use a single shelf to display the cover of the record you are currently listening to.

Use books as stands and risers

Under a vase or a favorite decor item or as something to elevate a photo frame, books as stands can be a great way to store books as well as create a stunning display. You can stack books on your nightstand, shelves, and countertops to prop up other things like lamps, candle stands, or even plants. It adds an interesting dimension to the display.

Leave a book open

A super easy way to decorate with books is to leave one open. Whether it be in the bedroom or the kitchen, leave a book open to your favorite page. It could be a photo book or a page with something that resonates with you. You can also use a bookstand in the kitchen to keep a cookbook open on your favorite recipe or the one you are thinking of replicating.

Musical instruments as functional pieces

If you have a drum set or a tabla lying around or if you know someone who does and who is ready to part with it (or you can even check out online second hand deals), then you can repurpose these into coffee or side tables. You could also display vintage musical instruments as decorative items. These days you can also make musical instruments inspired furniture items like dining tables or consoles.

Add a pop of color with books

Books can be used to add a pop of color to a monochrome setting. If your living room has a neutral tone like white, beige, or brown, choose to create a pile of books in a particular color like royal blue or orange to add a pop of color to it. Choose books where the colors of the spines match but ensure they are of different sizes.

Flutes make a playful display

You can get these for cheap anywhere in town and they make for a great table arrangement. They are usually not that large so they can fit anywhere without getting in the way. They are also symbolic as they are tied to spirituality and transformation in many cultures. In Hinduism, we associate it with Lord Krishna. Consider displaying it with some peacock feathers to give a nod to your heritage.

Frame your favorite poster or lyrics of a song

This is perhaps the most underrated but impactful way to incorporate your favorite music and pay homage to your favorite artist. Simply get a poster of a band or an artist you like and frame it to hang somewhere in the house. The larger the poster, the better. You can also print the lyrics of your favorite song and get that framed. 

Love beyond roses: Psychology of connection and skills for thriving relationships

“Love is not about finding the perfect person, but about learning to see an imperfect person perfectly.” – Sam Keen

Valentine’s Day often brings with it a lightning of emotions, from the excitement of celebrating love to the pressure of meeting expectations. But what if we looked beyond the chocolates and roses? What if we focused on the real essence of love—the kind that nurtures, heals, and grows over time?

Coffee cup promise

Shikha and Raman had been together for six years, their love weathering the highs of shared adventures and the lows of career struggles. One Valentine’s Day, Raman surprised Shikha not with a grand gesture but with a simple, heartfelt promise written on a sticky note stuck to her favorite coffee cup: “I promise to listen more and assume less.”

That note sparked a turning point. They began dedicating time every week to sit down, talk openly, and truly listen to each other’s fears and dreams. Their relationship, once weighed down by misunderstandings, transformed into a safe space where both felt seen and valued. It wasn’t the flowers or the dinner dates that strengthened their bond but the intentional effort to connect deeply.

Psychology of love

Love is a complex emotion that has intrigued psychologists for decades. Robert Sternberg’s Triangular Theory of Love identifies three components that define a healthy relationship: intimacy, passion, and commitment. Intimacy refers to the emotional bond and closeness shared between partners, passion encompasses physical attraction and desire, and commitment represents the decision to maintain the relationship long-term.

Healthy relationships often find a balance among these components. For example, relationships solely based on passion might burn out quickly, while those focused only on commitment might lack excitement. Understanding this balance can help partners evaluate and strengthen their connection.

Additionally, the attachment theory proposed by John Bowlby highlights how early experiences with caregivers influence adult relationships. Securely attached individuals tend to have healthier and more trusting relationships, while those with anxious or avoidant attachment styles might struggle with intimacy or fear abandonment. Recognizing these patterns can foster self-awareness and empathy within relationships.

Relationship tips for building stronger bonds

  1. Prioritize quality time: In today’s fast-paced world, dedicating undivided attention to your partner is invaluable. Simple acts like sharing meals without distractions or taking a walk together can strengthen emotional intimacy.
  2. Cultivate shared goals: Working towards common objectives, whether it’s saving for a trip or learning a new hobby, fosters a sense of teamwork and deepens the bond.
  3. Respect individuality: While togetherness is important, respecting each other’s individuality and personal space is equally vital. Healthy relationships thrive when both partners maintain their sense of self.

Skills for empathetic communication

Effective communication is the cornerstone of a successful relationship. Empathy, or the ability to understand and share another’s feelings, plays a crucial role in resolving conflicts and building trust. Here are some essential counseling-inspired skills for empathetic communication:

  1. Listening matters: Focus entirely on what your partner is saying without interrupting or formulating a response while they speak. Reflect back what you hear to ensure understanding. Example: “It sounds like you’re feeling overwhelmed with work. Is that right?”
  2. Use “I” statements: Express your feelings without blaming your partner to prevent defensiveness. Example: Instead of saying, “You never help around the house,” try, “I feel stressed when I manage all the chores alone.”
  3. Validate emotions: Acknowledge your partner’s feelings without judgment, even if you don’t fully agree. Example: “I understand why you felt hurt in that situation. Let’s work through it together.”

Role of gratitude in relationships

Gratitude is a powerful yet often overlooked aspect of healthy relationships. Expressing appreciation for your partner’s actions, qualities, and efforts fosters positivity and mutual respect. Research shows that couples who regularly practice gratitude experience higher levels of satisfaction and are better equipped to navigate challenges.

Here are ways to integrate gratitude into your relationship:

  • Daily thank you: Make it a habit to thank your partner for small acts of kindness, such as making coffee or picking up groceries.
  • Gratitude journaling: Share moments you’re grateful for at the end of each day to reinforce positive memories.
  • Celebrate strengths: Focus on your partner’s strengths rather than their flaws. Highlight what you admire about them regularly.

This Valentine’s Day, let’s move beyond grand gestures and focus on the essence of love—understanding, empathy, and gratitude. Like Shikha and Raman’s journey, love flourishes not in fleeting moments but in the consistent, intentional efforts to connect. 

What simple, intentional promise could you make to a loved one today to foster deeper connection and understanding in your relationship?

Remember, love isn’t just about celebrating one day; it’s about building a lifetime of meaningful connections.

Broken minds, hidden cries: Nepal’s neglected youth

In the quiet corners of Nepal’s bustling cities and serene villages a silent crisis is unfolding. Hidden behind veils of cultural norms, economic hardship and peace, is a chorus of silent cries echoing in the shadows. While the nation takes pride in its rich heritage and culture, resilient people, an alarming number of children and adolescents struggle with their mental health that remain unacknowledged and untreated.

Mental health issues among children in Nepal are on the rise. According to a 2023 report by UNICEF, nearly 20 percent of Nepali children show signs of anxiety, depression and other psychological conditions. Yet, only a few of them receive the help they need. In a society where mental health remains heavily criticized, their children often endure their struggles in silence, their cries enveloped by cultural norms.

Parents often push their children to excel academically, believing success in education is the only pathway to succeed in life. To add to their burden, children are often forced to follow passions or career paths chosen by their parents. They are forced into professions their parents once dreamt of but could never achieve themselves. However, this pressure can lead  to anxiety, depression and even suicidal thoughts. According to a 2022 study by the Nepal Health Research Council, Suicide was the leading cause of death among Nepal youths aged 15 to 24.

One of the most significant barriers in addressing the issue is societal perception of mental health. Many parents, bound by traditional beliefs and limited exposure to psychological conditions, perceive mental health conditions as a sign of weakness or even spiritual imbalance. They even believe it to be karma or some sort of evil spirit. Some parents even unacknowledged their kids’ conditions thinking they are making excuses to hold back from their responsibilities. Furthermore, the cultural emphasis on obedience and respect often leaves little room for children to voice their own dreams or dissent.

This lack of understanding and autonomy from parents is the reason why kids nowadays are distant from their parents. They seek solace elsewhere, their eyes glued to glowing screens, scrolling endlessly through the comfort of social media. They find the sense of belonging in the digital world, the happiness that seems absent at home. The only comfort or understanding they get from their parents is when they score 100 percent on a test or when they do better than some relatives’ kids. They are often called disrespectful or ungrateful when they try to isolate themselves from their parents hoping that would help them or they would find peace .

The consequences of neglect puts an impact on their social , academic and emotional behaviors, with some contemplating  self harm. Children feel like they are screaming underwater, the hidden cries not letting them find the way out. Silent cries are more dangerous than open cries as silent cries affect them from deep inside their heart and brain which leads them self-isolating, losing empathy and hating themselves. 

Despite the challenges, hope is not lost. There are many organizations and activists working tirelessly to break the stigma surrounding mental health in Nepal. But first and foremost, the house environment and family support is necessary and important as home is the place they are suffering most at.. Nepali parents are simply too uneducated about mental health; they neglect the silent cries so awareness should be spread.