Educational institutions in Nepal dislike critical debate
A few months ago, I had a meeting with one of my friends doing a PhD in America. He said that in the US, most of the education institutions have a student debate club. Once a week, students discuss various issues with a critical lens. Mainly, the students of the social science stream create discourse on burning issues in society. For instance, racial discrimination is one of the major problems in American society. White people have historically discriminated against black people.
Similarly, the diaspora living in the US is also facing problems regarding socio-political aspects. In such burning issues and problems, students present papers, debate with critical thinking, creative thinking, literary theories like White Man’s Burden, race theory, postcolonial studies, race discrimination, gender discrimination, LGBTIQA+ rights, etc. Beside this, there is no hard-and-fast rule for participation. It is like a loose forum where interested parties can discuss and give their opinions.
The culture of these critical discourses has changed the level of students’ understanding as well as upgraded them critically. Recently ,the students are seeing issues from multiple perspectives. In fact, they are lamenting the racist history where an individual is oppressed just because of a certain race or color. During the discussion, students questioned themselves about human rationality. Even they themselves criticized the irrationality of their ancestors. But sadly, the educational institutions of Nepal have almost failed to create such discourse.
Last time I got an opportunity to attend a debate program on ‘caste system struggle or compulsion’ organized by progressive students of RR Campus . It is a nice gesture, at least it shows some avenues of change for students. But the opinion of some participants is so casteist. They are students holding a degree in hand. They have seen the fragmentation of society by caste. Still they are proud of the caste and they want to continue it as their parents. In addition they also give irrelevant logic to support the caste system. These are some representative voices only. Our universities are filled With these sorts of casteist minds.
These practices and understanding of students that our students and universities are almost unknown about Dalits problems. Meanwhile, the caste system is the major headache in society. Around 13 percent of the population is facing problems because of caste. Each day, Dalits are being victimized by the caste system. Mainly in temples, taps, relationships, etc., dalits are tortured.
In such a society, why are students and educational institutions not showing the same interest as in American universities? In Nepal, state-owned educational institutions seem to be politically trained. The wall painting on college premises and hanging political flags on the gate proved it. The student union is very active in political matters. They obeyed political leaders, and t designed programmes according to the road map of parties. The rallies, protests, cleaning, blood donation, etc. programmes are the major work of the students union. Unfortunately, social issues like caste discrimination seem to be unknown to students.
Caste is the burning and bursting issue of the Hindu Varna system. Especially in Nepal, each day people belonging to the Dalit community are facing inhumane behavior from so-called on-Dalits. Contrary to this, the mainstream of Nepali society regards caste as a cultural phenomenon. They don’t see any fault in the caste system. Even they argued that caste discrimination will not be removed immediately from society. It takes time, and Dalits have to tolerate it to maintain harmony in society. These hypocritic thoughts of non-Dalits have been protecting the caste system as their tradition and culture for ages. Meanwhile, the constitution of Nepal has strictly prohibited any sort of discrimination that is punishable. The Articles 17, 18, 24 43 and 40 of the Constitution clearly advocate for human rights and freedom.
On the other side, including students, non-Dalits act as if nothing is happening in society regarding caste issues. However, some progressive students’ efforts can’t be denied. Still, they stand with Dalit issues. But the majority belongs to a hypocritically stereotyped group. In fact, the hypocrisy of non-Daltis is violating the law of a state. Which result in torture, murder, social trauma for Dalits. By seeing this scenario, the non-Dalit faction is digging a pit for its own people and system. Therefore, to change such inhuman practices, the students and educational institutions of the state have to take a leading role in developing equity and equality in society. In fact, most educational institutions have huge numbers of non-Dalit students.
Knowing and seeing such situations in society, educational institutions and their students can’t remain neutral. They must react critically and creatively, as in the Western world. After knowing our educational institutional roles on social issues like caste, one might raise questions. Why are our students remaining silent on the caste system? The obvious answer is that our students are also guided by the Manu Simiriti caste system, and most of them, both teachers and students, are non-Dalits. That’s why they remain silent. But while saying this, how can we deny the magnanimity of students? How can we avoid the Western students' activism on race and color?
Aside from all the lapses, Students should self-criticize themselves and take these mistakes as lessons to rebuild their progressive image for the overall development of society. In fact, by nature, students are progressive. So they should play a vital role in resolving the problem. In addition, students and educational institutions are known for hope, progress, and the future of the state. Therefore, the law, social norms, and values also asked the student to take responsibility for creating a forum for unity against the inhuman system and caste system. In the US, when George Floyd, a black man, was killed, the entire nation came out in protest against racism. Students actively participate in rallies. This shows the maturity of American society regarding racism. Though racism still exists in society, at the same time, voices are being raised and hands are joining to fight against inhumanity.
Thus, Nepali educational institutions and students need to be strong to counter such a heinous system. The Curriculum Department Center (CDC) should include chapters on the caste system. This way, the students will know the dark sides of the caste system. After studying such ill practices, students will organize discourses. They will be aware that their family society does not practice the caste system. Then only will society transform from stereotypes to progressives. Otherwise, the literate actors will be involved in drama, and society will remain irrational forever.
KU’s initiative for academia-industry collaboration
To bridge the gap between academia and industry, Kathmandu University (KU) has established the Academia-Industry Cooperation (AICKU) under the leadership of Vice-Chancellor Prof. Dr. Bhola Thapa. Recognizing the immense potential of a synergistic partnership between academia and industry, Dr. Thapa envisioned AICKU to address shared challenges and meet the evolving needs of both sectors. KU firmly believes that fostering collaboration with industry is key to driving innovation and solving real-world problems. The university’s motto, “From Campus to Community,” reflects its commitment to tackling unemployment, reducing student outflow, and promoting knowledge and skill transfer. Currently, AICKU identifies potential industry partners and develops strategies for collaboration through partnerships.
AICKU operates with the vision to "bridge the gap between academia and industry, enhancing research and development, and contributing to economic growth and social impact." Its mission is "to create collaborations that promote skill development, knowledge transfer, and employment opportunities." AICKU follows the GRID model, which stands for Grants, Research, Industry, and Dissemination. By securing grants from government and private sectors, AICKU facilitates KU’s research projects, focusing on solving real-world problems through strategic partnerships. The results of these projects are shared through seminars, conferences, and workshops, opening new avenues for funding, innovation, and knowledge transfer to benefit all stakeholders.
AICKU’s initiatives go beyond research and knowledge transfer, focusing on creating direct pathways for student and graduate engagement with industry. This includes providing jobs, internships, collaborative workshops, research and development (R&D), promoting startups, and fostering international collaborations.
Jobs and internships
AICKU partners with private companies to offer paid internships and job placements, providing students with practical experience while meeting industry needs. KU’s Employment Promotion Program has already placed 30 recent graduates, with a target of offering opportunities to 80 graduates annually. A KU Employment Promotion Committee ensures adherence to employment guidelines, ensuring that top students receive job opportunities even in a challenging job market. This initiative not only benefits students but also enhances the overall societal progress by connecting academic knowledge with industry expertise.
Collaborative workshops
AICKU has been proactive in organizing collaborative workshops and events to bring together key stakeholders. The first Academia-Industry Meet 2023, held on December 29, brought leaders from academia, industry, and government together to discuss industrial development and economic progress in Nepal. Other successful events include the Academia-Industry Workshop in collaboration with Energize Nepal, held across all provinces to align R&D efforts with industry priorities. Additionally, the Brain Drain vs. Gain Symposium united experts to address the challenges of brain drain and youth retention, while Yuwa: A Talk Show inspired youth engagement through transformative discussions. A recent seminar titled Nepal-Japan Collaboration for Environmental Sustainability, Earthquake Resilience, and Youth Empowerment further showcased AICKU’s efforts to confront pressing challenges in collaboration with Japan's Tiger Mov, Inc.
Research and development
KU’s ultimate goal is to conduct groundbreaking research that leads to practical solutions, internships that shape future careers, and projects that bridge the gap between theory and application. AICKU serves as a common platform for KU’s schools, departments, and industries to collaborate on research and academic activities. Current initiatives include the Mental Health Research Centre, Hematology and Oncology Research Centre, and Multi-Disciplinary Diabetic Research Centre, all of which are contributing to advancements in health technology and medical research. These efforts highlight the potential for academia and industry collaboration to foster national development.
Startups and entrepreneurship promotion
KU’s Business Incubation Centre (KUBIC) has already supported over 20 companies producing innovative, community-focused products. KUBIC has also trained more than 179 individuals and supported 22 researchers. This initiative is part of KU’s broader strategy to promote startups and entrepreneurship, further strengthening academia-industry ties.
International collaboration
In addition to national partnerships, AICKU has established international collaborations. Notable partnerships include those with ASHA NPO Japan to develop a digital medical records app for Nepal’s healthcare system, and with Colorbath NPO Japan to work on energy sector projects. AICKU also facilitated a partnership between KU and Thrangu Vajrayana Buddhist Center in Hong Kong, resulting in the construction of the Thrangu Rinpoche Academia Industry Block at KU, a testament to both institutions’ commitment to fostering a collaborative environment for academia and industry.
Kathmandu University’s efforts to foster academia-industry collaboration represent a significant milestone in Nepal’s educational and industrial landscape. Through robust partnerships, student opportunities, and research aligned with industry needs, KU is paving the way for a brighter future. As these collaborations continue to flourish, they promise to not only enhance individual success but also drive societal and economic progress, contributing to nation-building and sustainable development. AICKU stands as a beacon of KU’s commitment to bridging the gap between theoretical knowledge and practical application, with the vision of creating a self-sufficient nation where education and industry work hand in hand to achieve lasting impact.
Benefits and challenges of urbanization
Urbanization in Nepal has accelerated in recent years. The number of municipalities increased dramatically from 58 in fiscal year 2013/14 to 293 by 2017/18. Consequently, the population residing in municipalities surged from 17 percent to 66 percent. This sharp rise in urban areas is largely a result of reclassifying rural areas as urban, based mainly on population criteria. However, a significant concern remains the rapid migration from rural regions to Kathmandu Valley, turning it into an overcrowded city.
Urbanization is driven by both economic and non-economic factors. In rural areas, subsistence agriculture often fails to meet basic needs, pushing people to cities in search of better jobs and higher wages. The decline of rural industries, which once provided employment for many, has also led to increased rural unemployment and poverty, prompting migration to urban centers. Additionally, social factors such as caste-based discrimination, exploitation, and social inequality motivate rural residents to seek better opportunities in urban areas. Natural disasters like floods, landslides, and droughts, which destroy property and livelihoods, further compel people to relocate. Beyond escaping rural hardships, people move to cities for access to better education, healthcare, and modern amenities.
Benefits of urbanization
While urbanization has contributed to overcrowding in Kathmandu Valley, some economists, such as Arthur Lewis and T.W. Schultz, argue that it has positive effects on agricultural development. Growing urban incomes boost demand for agricultural products like milk and vegetables, which in turn stimulates agricultural production and rural incomes. Urbanization also increases the availability of capital, which can be used for farm expansion and modernization. Rural migrants working in cities often send remittances back home, further supporting rural economies and promoting capital formation.
Urbanization also brings opportunities for education and exposure to new ideas, expanding the horizons of rural people and making them more open to change. Returning migrants, having experienced urban life, can introduce innovations such as new crops and farming techniques in their home villages.
However, the nature of rural challenges has shifted. With much of the younger population migrating to cities, rural areas are increasingly populated by the elderly and disabled. As a result, once-valuable agricultural land is left barren, and rural marketplaces are often deserted except for occasional festivals like Dashain.
Costs of urbanization
On the other hand, some economists argue that urbanization can have negative consequences for both urban and rural economies. As urban populations grow, competition for limited jobs intensifies, contributing to urban poverty and unemployment. Social problems such as crime, prostitution, pollution, and inadequate housing also increase in overcrowded cities like Kathmandu. The rise in theft, robbery, and other crimes in the valley underscores these concerns.
Urbanization also strains public services such as housing, safe drinking water, sewerage systems, electricity, and transportation. Kathmandu’s growing water and sewage issues are clear examples. Due to budget constraints, the government struggles to keep up with the demand for improved public services. Additionally, urbanization can reduce agricultural output as rural labor declines, a significant issue for a country like Nepal that increasingly relies on imported food grains.
Strategies to slow urbanization
Unlike earlier views that saw urbanization as beneficial, many now consider it a contributing factor to urban underemployment and a symptom of underdevelopment. To curb excessive urbanization, it is essential to strike a balance between rural and urban economic opportunities by reducing the focus on urban areas.
Rural development initiatives that boost incomes and create jobs can help reduce migration to cities. As rural areas become more attractive, people are less likely to leave. Therefore, comprehensive rural development programs aimed at increasing production and improving quality of life offer a sustainable solution to excessive rural-urban migration.
Since agriculture remains the backbone of Nepal’s economy, modernizing agriculture is an effective strategy to generate employment and raise rural incomes. To retain young people in rural areas, farming must be made an attractive and viable career option. Agricultural modernization—encompassing diversification and commercialization—can increase incomes and act as an incentive for young people to stay in their villages.
Another key strategy is to promote rapid industrialization, focusing on both large- and small-scale industries. In a labor-abundant country like Nepal, developing agro-based industries and rural enterprises should be a priority. These industries not only strengthen the agricultural sector but also create jobs. However, it is crucial to adapt traditional skills and products to meet changing market demands. If young people have access to better income opportunities and higher social status in rural areas, they will be less inclined to migrate to cities.
A look into Nepal’s legal evolution
The law-making process has seen many ups and downs in various parts of the world and in the course of that they have taken different paths and transformation. While in Europe, the 19th century was a period of significant transformation in homicide laws across various jurisdictions, reflecting broader societal changes and the evolution of legal systems. For example, in France, the Penal Code of 1810, established under Napoleon, was a cornerstone, prescribing death for crimes such as assassination and parricide. England’s approach to homicide law was characterized by the gradual reduction of capital offenses throughout the century, culminating in the Offences Against the Person Act of 1861, which limited the death penalty primarily to murder and high treason. Across the Atlantic, the United States’ legal system was in its formative years, with the American Revolution catalyzing the development of a more unified legal framework that included the establishment of courts, policing and prisons.
From the late 18th century, Ottoman sovereigns and advisors valued French legal codes and fiscal rules as valuable tools of state-building and utilized the French language as a means of wielding soft power on the European continent. Meanwhile, in China, the Qing dynasty’s legal code attempted to comprehensively define crimes and appropriate punishments, with a particular focus on maintaining cosmic balance and social order. These diverse legal landscapes illustrate the complex interplay between law, culture, and society during a century of profound change. In neighboring British India, the Indian Penal Code of 1860 was drafted on the recommendations of the first law commission of India established in 1834 under the charter Act of 1833, and chaired by Thomas Babington Macaulay. After its reunification under the leadership of King Prithivi Narayan Shah, Nepal attempted to implement various acts, including Rajkaj Ain. However, in an attempt by Colonel Ujir Singh in 1822, no documented legal code was encountered. Prior to the passage of the first legal code in 1854, the country was ruled on the basis of Hindu Dharmashastras, which had prevailed in Nepal since ancient times.
Homicide Law in 19th century Nepal
A Study of the Muluki Ains and Legal Documents by Rajan Khatiwoda presents a comprehensive exploration of Nepal’s legal history during a crucial period. This work, part of the ‘Documenta Nepalica’ series and published by Vajra Publications, is now accessible to Nepali and South Asian audiences, offering a meticulous examination of the Muluki Ain of 1854 (Nepal’s codified legal code) and 1870, with a particular focus on its articles concerning homicide.
The Muluki Ain of 1854, along with its amendment in 1870, marks a significant legal milestone in Nepal’s history. These legal codes were developed during a period of political consolidation under Shah Kingdoms and the Rana regime, particularly under Jaṅga Bahadura Rana. Khatiwoda’s work highlights how these legal documents played a crucial role in shaping modern Nepal’s identity by codifying conceptual development of a rule of law that was both comprehensive and innovative for its time.
The book is structured in two main sections. The first part addresses the formation and enforcement of the Muluki Ain, exploring its historical context and legal significance. Khatiwoda examines the political turbulence and the rise of the Rana dynasty, which necessitated a unified legal code. The codification of the Muluki Ain is depicted as a strategic move to stabilize the country and assert the authority of the Rana rulers. This section also discusses how the Ain served not just as a legal document but as a tool for social engineering, particularly through its codification of the caste system, which further entrenched social hierarchies in the Nepali society.
The second section of the book provides an in-depth analysis of the homicide laws codified in the Muluki Ain. Khatiwoda meticulously examines the structure and content of the articles on homicide, comparing the original 1854 code with its 1870 amendment. This comparison reveals significant shifts in the legal approach to homicide over time, reflecting broader changes in the society and governance. The book details various categories of homicide, the conditions under which capital punishment was applicable, and exceptions to such severe penalties.
One of the key contributions of this study is its exploration of how these laws were implemented in practice. Khatiwoda extends his analysis beyond the theoretical aspects of the Muluki Ain to its practical application, drawing on contemporaneous legal documents to demonstrate how these laws influenced judicial decisions. This practical approach is bolstered by translations and editions of key articles and related legal documents, providing readers with direct access to historical texts.
Khatiwoda’s work has made an important contribution to the field of legal history, particularly for those interested in South Asian studies. By focusing on the Muluki Ain, he uncovers the complexities of the 19th-century legal practices in Nepal, offering insights crucial for understanding the evolution of the country’s legal and social systems. The book also serves as a valuable resource for scholars of comparative law, situating legal developments in Nepal within broader South Asian and global contexts.
‘Homicide law in 19th century Nepal’ is more than just a historical account; it is a critical exploration of the legal transformations that have shaped Nepal. Khatiwoda’s meticulous research offers a compelling look into the Muluki Ain, providing readers with a deeper understanding of how law was used as a tool for governance and social control in 19th-century Nepal. From that perspective, this book is an invaluable resource for anyone seeking to comprehend the legal and historical underpinnings of modern Nepal.