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If you have been involved in a legal case, then you must have heard expressions like these: Please negotiate rather than adjudicate. Twenty years of cry for justice, to no avail.  Oh! The case has been adjourned and deferred to another date for hearing. I did not receive my court summon, my right to a fair hearing has been sabotaged.  Why is the court process so laggard?  When will the court provide a full verdict of the decision? 

What if I tell you that Artificial Intelligence (AI) can actually help the judiciary reclaim its reputation.

What is AI?

AI is the ability of digital computers or computer controlled robots to perform tasks that are commonly associated with human beings and human intelligence. AI has the ability to reason, decipher codes, understand and give meaning to the word, summarize and provide conceptual analysis, learn from the past experiences and contrast the information. 

AI encompasses various technologies, including Automation, Machine Learning (ML), Machine Vision, Natural Language Processing (NLP), robotics, autonomous vehicles and generative AI. Automation uses technology to perform tasks with minimal human involvement. Machine Learning (ML) enables AI to learn from data and algorithms, gradually improving accuracy. Machine Vision allows machines to see and analyze visual information through cameras and digital processing whereas NLP enables computers to process human language, including tasks like text translation, sentiment analysis and speech recognition. Robotics focuses on tasks that are difficult or repetitive for humans to perform. Autonomous Vehicles use a combination of computer vision, image recognition and deep learning to navigate without human intervention whereas generative AI creates content, ranging from photorealistic art to text, emails and screenplays.

Covid-19 and after

The Covid-19 pandemic greatly challenged and disrupted the traditional working pattern of judiciary, which required ‘in-person’ proceedings. During the pandemic, either court systems were forced to temporarily shut down or to use alternative and innovative ways to conduct court proceedings. Also, Covid-19 raised an important question about accessibility of online justice to the indigent and marginalized communities of Nepal.

Access to justice

The citizens of Nepal feel detached from the court processes. Legal language being vague and technical, interferes in proper understanding of the court judgment. The need to be physically present despite the risks of natural disaster and absence of video conferencing or online dispute resolution modalities are some of the challenges. Translation of the landmark Supreme Court judgments, which largely affect constitutionally guaranteed fundamental rights and life of Nepali people, into national languages, are yet to materialize. Bulk hearing of cases after scrupulous categorization, one of the judiciary’s ambitious projects, is yet to commence. The processes of popularizing Supreme Court Application among the court users, facilitating online summons and effective court SMS system are moving at a sluggish pace. Manual decision writing, no transcribing technology, non-listing of complicated legal words, scarce digitized legal document templates, lack of disabled friendly court technology are the biggest deal breakers. Digital evidence portals and online digital storage facilities are lacking. Lastly, the government’s disproportionate budget distribution and paltry technical assistance to the judiciary are hindering digitalization of the justice process in Nepal.

Digitizing legal services

Digitalization of the judiciary’s service in Nepal is nowhere near the international standards, though the apex court has been working on its ICT master plan with the effectiveness of automated Digital Case Management System (DCMs). In 2017, it launched a ‘Supreme Court App’ that shows the status of ongoing cases, decisions on cases and procedural progress. The fifth Supreme Court Action Plan proposes study of application of AI in case management and its application thereof. Also, Section 115 of the Supreme Court Regulations, 2074, provisions the formation of the Information Technology Committee, delegated authority to formulate policies regarding digitizing court services and monitoring its implementation. 

AI and judicial renaissance

A relatively small number of judges adjudicating over a large number of cases is the primary reason behind lengthy court proceedings. Despite a low ratio of judges to a high volume of cases, little has improved over a long period of time. Here are the innovative ways in which AI can revolutionize Nepal’s judiciary and swift access to justice.

• Digitization of legal documents: Digitizing court judgments, legal proceedings, deed documents, pleadings brief and contracts are tasks that Artificial Legal Intelligence (LI) can perform.
• Data visualization and analysis: The Supreme Court can explore and experiment with legal AI to visualize, identify patterns, diversify and analyze legal judgments, identify precedential value of decision, whether precedent (Najir) is binding or persuasive, whether the precedent is still upheld or quashed by a new precedent.
• Legal document design: The design-pattern concept can help the judiciary to develop legal documents in the format that is easy to read, non-ambiguous and understood by the lay reader. 
• Case flow management: AI can be deployed to track the progress of cases. It helps in reducing delays in administrative process, quick disposal of small claim matters, refers matters to Alternative Dispute Resolution (ADR) processes and also monitors the effective execution of court judgments and judicial orders. 
• Access to legal justice: The technology-based legal processes known as ‘e-courts’ can maximize the participation of vulnerable sections to participate in judicial trials. AI-facilitated Online Consumer Mediation Centre can be applied in family law, and other civil law processes. 
• Access to legal data: IT-enabled AI and AI-supported Legal Intelligence (LI) can facilitate wider public access to legal data. Timely updates on progress in pending cases save time and money as service-seekers don’t have to visit courts frequently. 
• Applications in LI: Algorithms can play a major role in predictive analysis such as granting of bail and other discretionary elements such as parole or probation. 
• Legal information retrieval: AI can help to pinpoint legal catch phrases, which are effective in retrieving legal documents; for example judgments, case law, acts, testimonies.
• Smart legal contracts: The requirement for notarization, registration and verification of contractual documents for administrative and judicial purposes can be avoided with the introduction of smart contracts. Block-chain technology can be used to develop the framework for smart contracts and its effective implementation through online processes. 
• Chatbots: Developing an AI-assisted legal Chatbot, which answers the basic legal queries of people and provides probable legal solutions, can bolster the legal literacy and solution in Nepal at the micro level.
• Robot judges: The use of robot judges in place of the human is already being tested in the EU for smaller adjudications, and in the UK for parking ticket fines. Robot judges can be effective in matters where only the logical rational approach is necessary and procedural fairness requirements do not arise. For example, robot judges can be used in cases of cheque bounce.
• Automated dispute resolution (ADR): The ADR system refers to the use of an expert system and other advanced algorithmic tools to rule on a conflict. In commercial matters with win-win solutions involving high costs, ADR comes handy.
• Online dispute resolution: Judiciary can create online mediation or arbitration room and shift alternative dispute resolution processes such as mediation and arbitration to the digital platform.
• Routing legal tasks: AI can route administrative tasks such as case registration, Myad Tameli, Tarekh, case categorization, court fees computation, evidence and information dissemination, decision implementation, appeal application, and compensation regulations through its automated system.
• Legal research: Legal AI allows officers, judges and legal researchers to access world dockets, literature and necessary legal materials. The Supreme Court has established “Shilu Singh e-Library”, which allows access to Lexis Nexis, the legal AI.

Vigilance and AI

Despite its advantageous nature, AI cannot be left un-assisted. Interface of empathy and AI to safeguard the principle of natural justice and human rights can never be compromised. Data infringements and hacking of data can mislead the actions of AI, so a mechanism to prevent tampering of digital data and evidence is a must. AI for assisting the judiciary for a swift and hassles-free justice process is welcome, but it should not have a free rein.   

The author is a section officer at the Supreme Court of Nepal

On Oct 21, China and India reached a border agreement with regard to the Ladakh region, marking a departure from 2020, when there was a nasty fight between the two in which many soldiers lost their lives and several others suffered injuries. After that incident, a tense situation persisted between the two countries for about four years. The 2024 deal materialized after four years of military and diplomatic efforts.

After the agreement, India’s External Affairs Minister S Jaishankar said the agreement on army patrolling in certain areas had brought the situation back to where it was in 2020, before a deadly border clash. The very next day, Beijing confirmed that the two sides had “reached a solution” following “close communication” on relevant issues of the China-India border through diplomatic and military channels.

A new world order

On the meeting held between PM Modi and President Xi on the sidelines of the BRICS summit in Kazan on Oct 20-22, both sides stressed the need for a permanent resolution of border disputes for peace and tranquility for the two countries as well as for the entire region, expecting the detente to contribute to the creation of a new international order.

Per media reports, the troop withdrawal process has already begun and will complete in 10 days, making way for the implementation of other promises made in the agreement. Per the reports, both the leaders agreed, in principle, to resolve outstanding border issues through relentless efforts at diplomatic, political and military levels. The idea is to create a mutually fruitful and advantageous political, military and economic scenario in favor of peace and stability in the region, something which is expected to make way for a multi-polarized world and a new international order.

Friends in deed

India and China are our next-door neighbors, development partners, well-wishers and our friends in need and friends in deed. We are maintaining a very balanced and pragmatic relation with both the neighbors that are militarily strong, economically developed and prosperous, with formidable diplomatic clout. They are supportive of our socioeconomic development and stand for stability in Nepal. If they are in a good tune and in a good understanding it will give a direct and proportional positive impact in our political stability and economic development. We can and should cash and utilize the peace and prosperity dividend from both the countries. We should always stand as a true and trusted friend of both. We should not become unreliable political gamblers and must not play a trump card against each other. If we remain true friends and always care about our national interest, I am sure that the dynamics and dimension of economic support and investment from both the countries will continue to increase. If there will be deep rivalry or enmity or unhealthy competition or a war-like tense situation between India and China, Nepal will definitely suffer from all sides. Thereby this border agreement between two countries is not only good for them but also very good for Nepal too.

A constructive role 

Nepal should always play a very constructive role between the two neighbors and always remain as a link between the two. We should earn political trust and credibility while handling our foreign policy keeping in mind that consistency, clarity and continuity are good qualities of foreign policy. We should be good and dependable friends.

National interest in focus

Our two neighbors have two different ideologies and political systems, so we should maintain a very high degree of political and diplomatic equilibrium while steering our foreign policy. If we accord ideology the topmost priority in our foreign policy, we cannot maintain a good and balanced relationship with our neighbors. This is one of the important issues facing us in our neighborhood policy. The basic elements of our foreign policy should be the protection of national interest, sovereignty and territorial integrity, development and prosperity of the country and multi-engagement policy in the international arena through inclusive democracy. This may be the panacea for protection of the country and for national prosperity and happiness.

Opportunities and blessings

We need capital, technology, an innovative brain and unwavering honesty as well as determination at the political level to make our country happy and prosperous. When Latin Americans or Canadians can profit from the US’ development and prosperity, when Africans and Muslims can benefit from the prosperity of Europe, why can’t we benefit from the development and prosperity of our two neighbors? We should be politically smart and honest, visionary and diplomatically skillful and pragmatic and free from biases against our next-door neighbors to benefit from them.

Views are personal

The Opuz v Turkey case provides essential insights for Nepal to combat domestic violence and ensure the protection of domestic violence victims. Nepal can enhance safety for women and marginalized individuals by recognizing its international human rights obligations and establishing/implementing effective legal frameworks. The ruling in the Opuz v Turkey case highlights the vital role of the judiciary in ensuring that the state fulfills its duties, asserting that domestic violence is a human rights violation requiring thorough legal and social action. Nepal can uphold the dignity and rights of all victims through a coordinated effort by enhancing protections, reforming legal structures and changing societal attitudes, reflecting the spirit of the ruling and advancing the struggle against domestic violence.

The case of Opuz v Turkey (2009) is an important decision in human rights law, particularly in relation to domestic violence and the obligations of the state to protect the victims of domestic violence and vulnerable individuals. The European Court of Human Rights (ECtHR) ruling establishes important precedents that are particularly relevant for countries such as Nepal, where domestic violence is prevalent and state systems frequently fall short in safeguarding the victims. In Nepal, the prevalence of domestic violence is ingrained in cultural norms and entrenched in traditional patriarchal frameworks, thereby fostering a pervasive tolerance for violence targeting women. Despite notable advancements, women often encounter discrimination and violence in familial environments, as societal norms often view domestic violence as a private issue, thereby deterring victims from seeking help. The perpetuation of traditional gender roles and cultural expectations creates a cycle of abuse that renders women voiceless and defenseless due to fear of stigma and retaliation. The Opuz v Turkey case established critical precedents concerning a state’s obligations to protect individuals from domestic violence under the European Convention on Human Rights. The ECtHR emphasized that states bear positive obligations to implement preventive measures when they are cognizant of a real and immediate risk to an individual's life, thereby redefining domestic violence as a matter of public concern rather than a private issue. This ruling acknowledged the grave nature of domestic violence as a violation of human rights and mandated the establishment of effective legal protections and accountability mechanisms. The implications of this judgment have significantly influenced the treatment of domestic violence cases throughout Europe and serve as an essential reference point for legal reforms in countries, such as Nepal, that face analogous challenges.

Although, Domestic Violence (Offense and Punishment) Act- 2009 of Nepal is a major legislative step in the right direction, obstacles to accessing justice, cultural shame, and poor enforcement - all work against the law's efficacy. When seeking assistance, many women face barriers because the legal and law enforcement sectors frequently lack the resources and expertise necessary to provide adequate assistance. According to reports, police officials may reject cases or act biasedly toward women, which encourages a culture of impunity for those who commit crimes against women. Important legal arguments that are relevant to Nepal are highlighted by the Opuz v Turkey case, especially those that deal with the right to life and the outlawing of torture and inhumane treatment. Authorities must acknowledge that it is their responsibility to step in when there is a known threat to a person's life, as victims of domestic abuse in Nepal face serious risks. Protecting victims and making sure their accusations are taken seriously need proactive measures like restraining orders and emergency interventions.

Moreover, the psychological and physical violence experienced by women in Nepal parallels the experiences of the applicant in Opuz v Turkey. The ECtHR’s acknowledgment of domestic violence as a serious violation of human rights underscores the need for Nepal to adopt a similar perspective. It is vital that Nepali law recognizes domestic violence as a public concern that necessitates state intervention. This shift in perception is essential for mobilizing resources and support systems for victims, including easy access to counseling, legal assistance, and shelters. The implications of the Opuz ruling for Nepal are profound, emphasizing the need for enhanced state accountability in cases of domestic violence. This can be achieved through specialized training for law enforcement to handle such cases sensitively and effectively, as well as the establishment of clear protocols for responding to domestic violence complaints.

Strengthening legal frameworks is also critical. In order to ensure adequate protection for victims of domestic abuse within the legal system, a comprehensive review of the existing legislative framework is imperative. It is essential for government officials, lawmakers, legal experts, and women's rights advocates to collaboratively engage in this endeavor. Furthermore, alignment of national legislation with international human rights standards is crucial to prioritize victims' rights and maintain consistent enforcement of laws. Initiatives for community engagement can help advance knowledge of rights and resources, and educational programs in communities and schools can dispel prejudices and foster an environment of equality and respect.

In conclusion, the Opuz v Turkey case offers valuable lessons for Nepal in addressing domestic violence and ensuring the protection of victims. By acknowledging the responsibilities of the state as outlined in international human rights law and enacting robust legal structures, Nepal can strive towards establishing a more secure atmosphere for women and marginalized populations. The judgment highlights the vital importance of judicial systems in ensuring state responsibility, emphasizing that domestic violence constitutes a breach of human rights necessitating thorough legal and societal actions. As Nepal persists in addressing the challenges of domestic violence, drawing insights from the case of Opuz v Turkey provides a valuable chance to enhance its dedication to safeguarding victims and tackling this widespread problem with the necessary promptness.

Water is life.

“O water of the seas, of the rivers, of the tanks, of wells and of any other place, hear favorably my prayers and vows. As the traveler, fatigued with the heat, finds rest and comfort under a tree’s shade, so may I find solace and assistance in all my ills, and pardon for all my sins.”

“O water, you are the eye of sacrifice and battle.You have an agreeable flavor; you have the bowels of a mother for us, and all her feelings toward us. I call upon you with the same confidence with which a child at the approach of danger flies to the arms of a loving mother. Cleanse me from my sins, and all other men of their sins. O water, at the time of the flood, Brahma the omniscient, whose name is spelt with one letter, existed alone, and existed under your form. Brooding over you and mingling with you, this Brahma did penance, and by the merits of his penance created night. The waters, which covered the Earth, were drawn into one place and formed the sea. Out of the sea were created the day, the years, the sun, the moon, and Brahma with his four countenances. Brahma created the firmament, the Earth, the air, the smaller worlds and everything that was in existence before the flood.”

Water is called life. No living being can survive on this planet without it. Water is essential for life. Many diseases can be cured through its proper application. Vedic scriptures mention that proper use and application of water can cure several ‘incurable’ diseases. 

In modern times, many scholars and researchers like Vincent, Father Sebastian Kneipp and Louis Kuhne have used it for the treatment of almost all waterborne diseases. So, they are revered and remembered today like medical doctors.

Ancient Egyptians, Assyrians, Persians, Hebrews and Chinese are said to have used water for the treatment of many diseases. The Greek physician Hippocrates (400-500 BC), known as the ‘Father of Medicine’, used water for treating many incurable diseases. Apart from bodily cleanliness, water is used internally to quench many parts of the body and as Enema for internal cleaning of the body. It is also useful for the treatment of  uric acid, salts and surplus sugar in the body. It can also be used in indigestion.

Water is an extraordinary substance, anomalous in nearly all of its physical-chemical properties and easily the most complex of all the familiar substances that are single chemical compounds. 

Water plays a pivotal role in the life of human beings and life is not possible without it. 

In 2010, the United Nations General Assembly adopted a resolution on the right to water and sanitation. It is the first UN resolution that explicitly recognizes the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.

Albert Szent Gyorgy has also thrown light on the importance of water in the following lines: “Water is life’s matrix, mother and medium.There is no life without water.”

After taking a holy bath, worshipers offer water in the form of Arghya or Tarpan to the rising and setting Sun by standing in rivers, ponds and  rivulets in the morning and in the evening. This way, they pay respect to the Sun in their daily life. I would like to quote here: “Glory to the Sun and to the planet Venus. May the water that I now offer you find favor in your sight.”

Water is closely related to Maithili culture. Almost all Maithili folk festivals are  solemnized on the banks of rivers. In India also the case is the same. There is a very popular saying that all roads lead towards the Ganges river on the auspicious occasion of Chhath which is celebrated with pomp and show for  four days  every year.It can not be celebrated without water bodies. There is a long tradition of worshiping the sun god in  neighboring country India. The sun worshiping tradition was very popular in Western and Central India, even extending to Bihar. The Chhath celebration of Patna is very famous in India. Patna is the capital city of Bihar.Reference may be made to the Sahapur image inscription of Adityasena (in the district of Patna) and the Deo Baranaka record of Jivitagupts 11 (in the district of Shahababad). They both mention Solar worship in Bihar.It may be that with the migration of Skadvipi Brahmanas to Magadh, the Solar cult was transferred from West Multan and Rajputana to Eastern India. This statement has been supported by later archaeological evidence which testifies to the above mentioned fact. It is celebrated in the ‘Bright Fortnight’ in the month of Kartik for consecutive four days in India and Nepal. Similarly there is no basic difference in the celebration of this festival. This festival fosters age-old cultural bonds between the two countries.The season is also very sweet and soothing.

The very word Chhath consists of two words—Chah (six) and Hath, the Hath Yog, which is a kind of Yog (austerity). So, ‘Chhath’ refers to the process of consciously obtaining solar energy through six stages via methods similar to Hath Yog. Hath here refers to the austerities like fasting for days, standing in cold water and chanting the names of god and also singing folk songs dedicated to the Sun as well as Goddess Chhath Parmeshwari for achieving a certain objective.

According to another point of view, the word Chhath comes from number six. which signifies its starting date(the sixth day of  the lunar month of Kartik in the Hindu calendar), which corresponds to October-November.

• Stage 1: Fasting and the discipline of cleanliness leads to detoxification of the body and mind. This stage prepares the body and mind of the devotee to receive the cosmic solar energy.
• Stage 2: Standing in a body of water (pond, river, etc) with half the body (navel deep) in the water minimizes the leak of energy and helps the prana (psychic energy) to move up the Sushumna (psychic channel in the spine.)
• Stage 3: Cosmic solar energy enters the devotee’s pineal, pituitary and hypothalamus glands (Triveni) through retina and optic nerves.
• Stage 4: Activation of Triveni (tri-glandular complex)—pineal, pituitary and hypothalamus glands—begins.
• Stage 5: A kind of polarization happens in the spine, which results in the devotee’s gross and subtle bodies getting transformed into a cosmic powerhouse. This can also lead to the awakening of the latent psychic energy popularly known as the Kundalini Shakti.
• Stage 6: The body of devotees becomes a channel, which conducts, recycles and transmits the energy into the entire universe

The science of Chhath

The physical bodies of all living beings are highly-sophisticated energy conduits. Solar bioelectricity starts flowing in the human body when it is exposed to solar radiations of specific wavelength. Under favorable physical and mental conditions, the absorption and conduction of this solar bioelectricity increases. The processes and the rituals of Chhath puja prepare the body and the mind of the devotee for cosmic solar energy infusion. The scientific process of Chhath produces photo-electro-chemical, photo-electro-pranic and photo-electro-psychic effects on the devotee. The intake of solar energy using Chhath rituals has a revitalizing effect upon the devotee. Not many people are aware that the Rishis of the yore used to adhere to a scientific process similar to Chhath for their sustenance by avoiding solid or liquid diet. To unlock the mysteries of Chhath, research should be conducted with a focus on photochemistry, photobiology and biochemistry.

As described by the Yogis, cosmic solar energy enters the devotee’s body during the conscious Photo energization process of the Chhath. With the body purified through the prescribed method of fasting, the devotee stands with half the body (navel deep) in water and facing Bhagwan Surya (the sun). During this meditation in the sun, millions of photoreceptor cells present in the retina (in the eye) absorb the light energy (photons) present in the rays.

Retina is a kind of photoelectric material, which emits subtle energy when exposed to light. Hence, very subtle electric energy starts flowing from the retina. This energy (photo-bioelectricity) is transmitted from retina to the Pineal gland by the optic nerves connecting the retina to the pineal gland. This leads to activation of the pineal gland, which is in close proximity with the pituitary and hypothalamus glands (the three glands are collectively called Triveni). 

The energy generated in this process starts impacting these glands positively giving the devotee good health and a calm mind. With the solar charge in the pineal gland rising beyond a certain limit, the top and the bottom ends of the spine start acting like two poles of the energy channel. All these changes transform the devotee into a cosmic powerhouse of subtle energy and this powerhouse starts transmitting the cosmic energy into the universe. 

Preparations

Commoners, along with traders, begin to store and stock necessary materials for Chhath about two months before the festival. Devotees need bamboo-made baskets, earthen lamps, idols of elephants, new clothes like dhoti and saree and also decoration lights, bangles, mirrors, blouses, sacred incense, sandalwood vegetables, fruits and banana trees. Sweets like Thekuwa, Kasar and Khajuria, which are made of wheat flour and rice, are a must. 

Making Prasad

There are different ways to prepare Thekuwa. One can prepare it by mixing flour with ghee, shakkhar (jaggery) and sprinkling some water in the mixture (preferably from the Ganga) and giving it a desired shape. This mixture is deep-fried in ghee (preferably) or oil. 

If you want to make Thekuwa tastier with aromatic smell, coconut, cashew, dates, and raisins in the mixture. Besides Thekuwa, another important item required during Chhath is Bhuswa—a rice flour ball. First of all one should wash rice,heat it, grind it and mix it with the melted molasses. And then make small balls out of the mixture. Khajuriya is also a very important item. These food items are very popular among people of all ages. The food items are so delicious that one can easily imagine  that Chhath Paemeshwari and the sun god also like them and they are pleased by  offering  them. The worshippers prepare food varieties, work in groups and enjoy. They are busy in decoration and cooking. They used to wash wheat in groups,sing songs and grind them in Dhiki (a traditional grinding equipment).

Festive celebrations go on for about a month but the last four days are especially important. Catchy, sweet-sounding and popular festive songs dedicated mainly to the Sun and Chathi Mai (a goddess) echo on the toles (Mohalla) of villages in Madhes. This festival, though chiefly religious, is of multi-caste, multilingual and multi-religious nature. It is above petty politics with maintenance and promotion of communal harmony as its main motto. 

During the month of Kartik, devotees observe a fast, take strictly vegetarian food and maintain personal hygiene for purifying the mind and the body.

Maintaining and promoting communal harmony is the common goal of all our festivals. These festivals boost enthusiasm and encouragement, and play a pivotal role in strengthening unity and fraternity among the people of a multi-ethnic, multi-lingual, multi-cultural and multi-religious Nepal.