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The ancient city of Janakpur celebrated the bow-breaking ceremony as part of Vivah Panchami celebrations marking the marriage of Lord Ram with Goddess Sita (Janaki) on Dec 6 in the presence of a large number of devotees and pilgrims. 

On the day of Vivah Panchami, a special marriage procession from Ayodhya, the birthplace of Ram, also arrives in Janakpur, the birthplace of Janaki. 

On this occasion, let’s revisit the glorious past of this ancient city.

In ancient times (Treta Yug), an arena was prepared for the contest of the bow at Rangbhoomi, located close to the famous Janaki temple. The great poet Tulsi Das mentions about the grand preparations in his Ramayan thus: “The two brothers reached the eastern quarters of the city where the ground had been prepared for the contest. In the midst of a fair and spacious paved area, a spotless altar had been richly adorned.”

He goes further: “On all four sides of this altar were erected broad platforms of gold to be occupied by the princes. Not far behind and surrounding them on all sides shone another circular tiers of platforms of somewhat greater height and beautiful in every way, and where the citizens might come and sit. Close to these were constructed spacious and beautiful pavilions, glistening white and painted in different colours.”

Sita, a paragon of beauty, was wandering with her girl companions hither and thither in the royal garden. She used to pluck fresh flowers to worship Girija, her favourite goddess. After bathing in the lovely pond, she went with her friends to worship at Girija’s temple. She offered worship with deep devotion and asked the goddess for a handsome husband worthy of her. By chance, Ram and Lakshman were also visiting the royal garden as it was so famous and worth visiting. Ram saw beautiful Sita with his own eyes. He was overwhelmed to see her unparalleled beauty. Tulasi Das has described this marvelous meeting of the two in the following lines: “Hearing the tinkling of her bangles, the small bells on her girdle and the anklets, Ram thought within himself and then said to Lakshman, ‘sounds as though Cupid has sounded his kettle drum, ambitious to conquer the universe’.”

After getting a glimpse of Sita’s beauty, Ram drew the conclusion that she is no other than Janaki, the daughter of Janak for whom the contest of the bow was going to be held. The most famous Rajarshi was Shirdhwaj Janak, the father of Sita, also known by her family name (Janaki).

Tulasi Das has aptly and rightly described this fact in the following lovely lines: “Dear brother, this is no other than Janaki, to win whom the contest of the bow is being held. She has been escorted by her girl companions to worship Gauri and is moving about in the garden diffusing light all about her.”

There’s an interesting story about the birth of Sita. It goes something like this:   

A dreadful drought had occurred in the Kingdom of Mithila. King Janak himself tilled and sanctified the land in the capital of Mithila, Janakpur. He discovered a beautiful baby girl lying in a furrow. He brought the baby to his palace where she grew up into a beautiful princess. When she reached marriageable age, Janak held a great bow-breaking ceremony where one wishing to get married to his daughter had to bend the divine bow of Lord Shiv, gifted to him by the Lord himself. Princes and kings came to face the challenge from far and wide, but nobody could bend the tremendous and powerful bow. 

It so happened that Ram and his brother were in the vicinity of Janakpur with his Guru (teacher) Vishwamitra. They were also invited to that historical and celestial contest. With his Guru’s permission, Ram broke the bow into three pieces, with its breaking sounding like an earthquake. After breaking the bow, the lovely Sita put the wedding garland on Ram’s neck causing a universal applause with gods and goddesses showering flowers on them from high heavens. All men and women thronged to see this sacred and celestial meeting of eternal lovers.

A grand marriage ceremony was held where Ram’s three brothers Lakshman, Bharat and Shatrughan were also married to Urmila, Mandavi and Shrutikriti, respectively. 

Since then, this festival of celestial marriage has been performed throughout Nepal and India but the focal point of attraction is Janakpur, the birthplace of Janaki. Janakpur is considered a sacred place and thousands of devotees from different parts of Nepal and India visit the city every year to offer worship at the famous temples of Ram and Sita. Enthusiastically, they watch the ceremonial marriage procession, which starts from Ram Mandir, passes through Janaki Mandir and ends at the Rangbhoomi where a celestial bow-breaking ceremony is held. 

The idols of Ram and Sita are taken in procession to the site of revelry. To commemorate their marriage ceremony, the garlands of Ram and Sita are exchanged in the midst of thousands of people, who flock to watch the grand ceremony. 

Devotees perform Maithili marriage rituals in the Janaki temple at night with enthusiastic participation of sages, Brahmins and priests amid marriage folk songs and Mantra recitals in an ambience filled with music.

A big fair is also held at the Janaki temple with the participation of hundreds of hermits, sages and devotees. Local artists perform Ramlila at night and, at times, theater companies also come to entertain the crowd. Different stalls put in place for the occasion provide a wide range of goods, including essentials. As the Janaki temple is the center of attraction with all roads leading toward it, the temple is decorated to attract the visitors, including dignitaries, with the involvement of local authorities. The registered saints and sages get free food and lodging facilities during the fair. On the occasion, Janakpur becomes a meeting place for families and friends also, with every family catering to a good number of guests. 

The next day, the idol of Sita is carried to the Ram Mandir (temple) amidst great fanfare in a farewell ceremony marked by offering of precious things as dowry. The idols of Ram and Sita, dressed as the bridegroom and the bride, are placed in a beautifully-decorated palanquin on the back of a caparisoned elephant.

In the Mithila region, four men carry this palanquin amid a musical marriage procession marked by the presence of a significant number of men and women, and this procession is called Barat in Maithili. These days, apart from men and women, the procession also features elephants, horses and bullock carts. 

After several days of celebration, the festival of faith ends. 

Every year, this festival offers us glimpses of the Ramayan period. We remember Ram, an incarnation of the almighty and Sita, an incarnation of the goddess whom we worship with reverence. 

Beautiful, pious, honest, courteous and loyal to her husband Ram, Sita symbolizes ideal womanhood.  According to Devi Upanishad “Sita, the consort of Ram, is nature. She is the primordial power, the embodiment of divine splendor. She is the heaven attained through penance, the nature of the universe conscious and unconscious, that which knows and that which does not  know.”

Maithil women still have an undying faith in her chastity and follow her footsteps in every walk of life to make their lives ideal and happy. She is also the embodiment of duty. The Maithil women regard her as a dutiful daughter of Mithila because she sacrificed her whole life in the service of her husband, honestly and respectfully.  

Every year, Janakpur celebrates this festival with great fanfare. Time has come to develop this ancient city while retaining its past glory. 

The WTO agreement, a multilateral trade arrangement (MTA), is not a signed agreement. Nepal has been implementing it through the negotiation process for about 1.5 decades. While acquiring WTO membership, Nepal had made commitments on trade in goods, including farm products, trade in services and commitments on TRIPS along with legislative and adjudication commitments. These commitments, including commitments on legislative and adjudication, remain unfulfilled.  

Some of the trade opportunities of the WTO arrangements are security at market access opportunities, uniform sets of rules at borders, fair trade opportunities through elimination of quotas, predictable trading environment, counter to unfair trade practices and access to dispute settlement bodies.

Some of the negative impacts of the WTO arrangements are market access constraints and negative impact on business.

Market access constraints include tariff barriers to poor countries, and constant decline of commodity prices across the countries whereas negative impacts include threat to domestic industry from free imports, revenue loss to government, erosion of SME’s special privilege, farmers’ right to seed (Patent problem), reduced food security due to low productivity and others. 

The implementation of South Asian Free Trade Agreement (SAFTA), which began in 2006, stipulates reducing customs duty between 0 and five percent by 2015. However, full implementation of SAFTA has not materialized in a real sense with even exportable products in SAFTA’s sensitive list, though Nepal has reduced the number of sensitive products included in the list to about 1,000 from 1,295. After 2006, countries in the South Asian region have reduced the customs duties to boost intra-South Asian regional trade, which remains below five percent. It is difficult to evaluate the overall impact with import of goods under SAFTA provisions not yet started and revenue compensation mechanism not yet implemented. 

Still, it is quite difficult to reduce the customs duty on non-sensitive products. 

Poor transport network, a difficult access to ports, difficulties in implementation of rules of origin, insufficient trade facilitation measures, un-uniformity in TBT-SPS provisions and documentation within the SAARC region countries have reduced the impact of SAFTA.

We are on the way to achieving greater market access, preferential market access facility and transport, including transit way access. Nepal’s trade with SAARC member-states, barring India, is insignificant as yet. 

Besides SAFTA, there are India-Sri Lanka Free Trade agreement/FTA(1998) and Pakistan-Sri Lanka FTA (2002) for bilateral trade promotion. Nepal has entered into bilateral trade agreements with some countries in South Asia, namely Bangladesh, India, Pakistan and Sri Lanka, which are crucial for implementation of SAFTA provisions. 

Supply-side constraints, lack of infrastructure, lack of standard lab, trained human resources and coordination can be reduced by implementing bilateral trade agreements within South Asian countries. Bilateral agreements can help increase trade volume within the SAARC region, which is still low, pointing at the status of implementation of these agreements. 

Impractical provisions of SAFTA and bilateral FTA are also to blame for a grim regional trade and cooperation scenario. This calls for integration of SAFTA with the South Asian Regional Investment and Trade Agreement (SARITA).

India and Pakistan perhaps offer the best example of delayed implementation of SAFTA. The relation of individual countries in the South Asian region with the USA and other wealthy countries can explain the status of implementation of SAFTA.

In this context, trade liberalization in the South Asian region will reduce the cost of products in the value chain and supply chain, directly benefiting consumers of countries within the SAARC region. 

Policymakers have considered only some aspects of trade-related consumer welfare and full implementation of SAFTA is still a far cry. 

The current volume of intra-regional trade in South Asia is a paltry 4.8 percent of the total trade of the countries in the region. 

To boost intra-regional trade and economic cooperation, the highest priority should be on dialogue between politicians, producers and consumers along with trust-building initiatives on the part of the civil society.

The writer is a former deputy executive director of TEPC. Views are personal

Development is a broader concept of continuous growth and advancement in multiple dimensions. It rotates around the perpetual evolution of physical, biological, sociocultural and economic spheres. The Cambridge Dictionary defines it as the process in which someone or something grows or changes and becomes more advanced. Supporting this definition, the UN Agenda for Development states it as a multidimensional undertaking to achieve a higher quality of life for all people.

In addition to that, economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development. It justifies that all development cannot be considered sustainable unless it addresses the needs of the present generations without endangering, compromising or disrupting the capabilities and access of future generations to meet their own needs. It advocates for the suitable balance of the use of resources. Thus, nations with the same economic status and average incomes are not in the same developmental stages. They differ widely in terms of the distribution of resources among societies, which directly and indirectly affects the quality of life, employment opportunities, education and healthcare, safety and security, availability of clean air and safe drinking water, crime and justice, and many more. This explains that not all developed nations are sustainably developed. Though each country has its unique set of priorities in setting their development policies, guidelines and implementing procedures for their developmental activities, it is a must to abide by them sustainably.

In today’s world, development orchestrates the transformation of societies and nations with environment-friendly practices. This can be achieved by acknowledging and integrating the safeguard activities in all the developmental undertakings. Safeguard should not only be understood as the current “buzzword” in the international aid sector but also as a prerequisite for eco-friendly and sustainable development. It refers to a set of framework, policies, procedures and practices implemented to prevent, protect and mitigate against any potential risk of undesirable, unforeseeable and inevitable happenings. Social and environmental safety is a crucial component of sustainable development, and safeguarding ensures the safety of the vulnerable in every activity. It aids in promoting active and meaningful local engagement, gaining public consent, protecting social values and norms, assuring equity and inclusion, guarding occupational health and safety and guaranteeing environmental safety. 

The notion of safeguard encompasses both the environmental and social dimensions. Environmental safeguard refers to the process of minimizing the adverse impacts of developmental activities on the natural environment and maintaining its long-term balance. It controls and mitigates the potential impacts on flora, fauna, habitats, biodiversity, ecosystem, air, water and soil resources and other environmental components. Likewise, social safeguard refers to the process of managing and mitigating the adverse impacts on the livelihood and well-being of local communities, socio-cultural values and norms, cultural and social assets, and other socio-cultural and economic components. Safeguarding is thus a fundamental principle for fortifying well-being, equity and social justice, personal and professional safety, and environmental equilibrium.

Safeguard has a pivotal role in protecting and promoting the well-being of physical, biological and sociocultural communities and environments; i.e, environmental protection, social equity, community well-being, compliance and accountability, risk management, quality and sustainability, community engagement and enhancement of developmental outcomes. It is essential for building resilience, fostering transparency and trust, enduring balanced economic growth, and promoting sustainability, equity and human rights. It should thus be an integral part of the planning, operation and monitoring stages of any developmental maneuver.

Being a developing nation, Nepal has a lot of potential for physical, social and industrial development. Human development and infrastructure development are the substantial elements. They have a momentous role in a nation’s prosperity, living conditions and well-being. Safeguard assists in defining and identifying their potential actions, surmounting risks, enhancing positive effects and achieving responsible, equitable and sustainable development. Environmental and social sustainability is the basis for economic growth and poverty reduction. The management of infrastructure development and resource needs imposes several challenges on policymakers and governments, and environmental and social safeguard plans guide them to overcome those challenges. Environmental safeguard allows policies and measures to conserve biodiversity, natural resources and ecosystems from degradation, while social safeguard allows the protection of the rights, health and well-being of the people. It helps to promote social inclusion, gender equity and Indigenous people’s rights and tackles major problems like Trafficking in person (TIP), child labor, harassment and discrimination. It also ensures fair compensation and adequate rehabilitation for the displaced people due to developmental activities. Safeguarding is important because of its role in the maintenance of environmental balance, prosperous community livelihood, active participation of local communities, resource conservation for future generations, legal and policy obligations, protection of international cooperation and investment, reduction of legal and financial risks, enhancement of project sustainability and sustainable development.

The world’s development strategy was focused more on economic growth rather than human development and environmental protection before the 1950s. However, the development strategies then shifted toward environmental balance, human well-being, quality of social assets and project sustainability. This has enforced several laws, guidelines and procedures to harmonize safeguards in developmental stratagems. In comparison to the development paradigm of the developed nation, Nepal’s development history is very young. This might be the case, despite having enough legal provisions, signatory guidelines, protocols and procedures, the development ingenuities in Nepal are emphasizing more economic aspects rather than preventing, minimizing, or mitigating environmental and social impacts. The current development practices exhibit that the safeguard implementation is focused only on multi or bilateral donor funding or international aid projects and almost zero implementations on local or government funding activities. The Environmental Protection Act and Environmental Protection Regulation are strict only for conducting Environmental Impact Assessment (EIA) or Initial Environmental Examination (IEE) of the projects, instead of administering many other safeguarding policies and rules. These EIA or IEE studies are also just mandatory for project approval, while their recommendations and mitigation measures are hardly implemented.

Nepal has efficient and effective laws, acts, policies and guidelines for resource distribution, environmental protection and social harmony. However, the implementation of these acts and policies are fragile; they are often violated and infringed. The Constitution of Nepal has provisions for protecting and promoting social and cultural solidarity, economic equality, prosperity and social justice. The rights to a clean environment and social justice are enshrined as “Fundamental Rights and Duties”. Rights to equality and inclusion, rights of laborers and workers ensuring fair wages, safety and welfare are primarily spelled out. The country also has the Environmental Protection Act, regulations ensuring citizens' right to clean and healthy environments, compensating polluters, maintaining a balance between development and environment and mitigating climate change. Besides, the country has other well-prepared acts and regulations, like the Forest Act and Regulation, National Parks and Wildlife Conservation Act and Regulation, Labor Act, Land Acquisition Act, Aquatic Animal Protection Act, Biodiversity Conservation Act and Electricity Act to ensure that the development projects and other activities do not adversely impact the environment and society. Additionally, we have various standards and guidelines related to environmental and social safeguards aligned with international norms and practices. Not to forget that we have also ratified and are committed to several treaties, agreements and conventions related to biodiversity, climate change, Indigenous people’s rights, elimination of child labor, slavery and trafficking, among others.

The foundation of today’s safeguard policies led back to its initial promulgation in the late 1980s, which gained more prominence after the Morse Commission’s 1992 report on the Sardar Sarovar Dam. The safeguard has been a worldwide norm since the 1990s. They were then emulated by multilateral development banks and other international donor agencies. This enforces the domestic legal system of the borrowing nations either to follow and comply with the safeguard policies or abjure the loans and grants. By the 2000s though most borrowers have accepted the loans grudgingly under those safeguarding conditions, safeguarding has remarkably established its regime. The history of international aid in Nepal dates back to the 1950s with the first foreign assistance in the form of grants and loans from the United States government. With the hegemony of safeguard policies in global donor communities, Nepal is also complying with safeguard policies, guidelines and directives. Each donor-funded infrastructure development projects obey the Environment and Social Management Frameworks as well as comply with all the safeguard covenants. They are utterly executing grievances redressal mechanism (GRM), occupational health and safety (OHS), iteratively conducting free prior informed consent (FPIC), addressing vulnerable communities and many other safeguarding activities. Nevertheless, these are practiced and implemented only on donor-funded projects and are not administered in government-funded schemes.

The weak institutionalization of safeguards in Nepal is not because of its fledgling developmental initiatives or lack of policies and acts but because of numerous barriers and challenges. Poverty and disparities in the distribution of the economy or resources contribute to the overuse and exploitation of natural resources, which degrades the environment. The improper and insufficient environmental assessment leads to abuse of natural resources resulting in long-term impacts. Furthermore, lack of capacity and weak adaptation to climate change, deforestation and encroachment, political instability and institutional weakness, ineffective legal frameworks, and corruption create hindrances to implementing safeguard activities. The lack of education, absence of basic infrastructure, disorganized population, rapid and unmanaged urbanization, uncontrolled industrialization, unemployment and labor migration are some other factors that often pose severe challenges to strengthening safeguards.

Following these challenges, there are even greater opportunities and advantages. Having a diverse ecological zone, Nepal has great prospects for environmental conservation, leading to sustainable ecotourism and socioeconomic prosperity. We even have a humongous source of renewable energy, which we can easily trade between two gigantic energy-consuming neighbors. Complying strictly with safeguard policies, we are capable of attracting green funds and investments for hydropower and other climate adaptation measures. Apart from this, it provides multiple possibilities for investing, exploring and adapting new technologies as well as fostering entrepreneurship.

Overall, integrating safeguards in development and planning projects acts as a decisive factor for stimulating sustainable and inclusive phenomena, fortifying benefits for present and future generations. It could be the assurance of achieving the goal of a prosperous Nepal and contented Nepali. Therefore, safeguards should be contemplated in every government project and should be properly analyzed as well as mastered before concreting any development plans and activities.

This year, as we observe the International Day of Persons with Disabilities on Dec 3, with the theme “Amplifying the leadership of persons with disabilities for an inclusive and sustainable future”, it’s time for governments worldwide to take a look at the progress made through their policy interventions. Since its inception in 1992, this global observance has served as a powerful reminder of the need for action, urging nations to adopt fair and just laws that integrate persons with disabilities into state apparatuses. 

In line with international commitments, the government of Nepal has enacted a range of laws aimed at improving the lives of its differently-abled citizens.  The Constitution of Nepal guarantees fundamental rights and includes provisions designed to ensure an inclusive society, offering explicit provisions for the empowerment and integration of persons with disabilities.    

Constitutional scenario

Articles 16 to 47 deal with the provisions relating to fundamental rights. Under the chapter of fundamental rights, there appears a good deal of progressive provisions, which could be taken as part of socio-economic rights plus civil and political rights.  

Article 18(2) provides that no person shall be discriminated against on the ground of disability. Article 31(3) provides that disabled persons have the right to seek free education up to a higher level. Article 39(9) obliges the state to provide special protection and benefits to disabled children. Article 42 provides that the differently-able persons would have the right to participate in the state bodies on the basis of the principle of proportional inclusion. Article 43 guarantees the right to social security as well.  Article 84(3) obligates the political parties to take into account the question of proportional representation to persons with disabilities while fielding the candidacy under the proportional electoral system.  

Disability law

The government of Nepal has adopted the Rights of Persons with Disabilities Act in 2017 to defend the rights of persons with disabilities. The preamble of this law provides that the Act has been brought into force to respect civil, political, social and cultural rights of differently-abled persons. 

Under Section 2(b), “persons with disabilities” has been defined. It provisions that a person who has long-term physical, mental, intellectual or sensory disability or functional impairment or existing barriers that may disallow him/her to participate equally in social life would be considered as “Persons with Disabilities.” Again, if such persons who don’t have anyone to look after and don’t have any property or family members to stand by, then such persons would be called “helpless persons with disability”, as provided under Section 2(a).

Ministry’s role

The “Ministry of Women, Children and Senior Citizens” is entitled to make alterations in the classification of disabilities. The local body is entrusted with the power to make an enquiry into the application demanding the issuance of disability identity card.  If an application for such a card is not entertained by the local bodies, then a complaint could be made before the ministry within 35 days and the decision made by the ministry on such a matter would be final.

Reorienting rights    

In the third Chapter, the Act provisions a plethora of rights to persons with disability. For instance, Section 7 provides that the persons with disabilities would avail all rights guaranteed under the laws on equal basis with others. 

Section 7 prohibits every form of discrimination and aims to promote equality. Section 8 slams discrimination. 

Moreover, they have all the right to stand in elections. However, the law is silent on mandatorily ensuring reservation in electoral seats to persons with disabilities. It means the law does not oblige the political parties to mandatorily field a certain number of such candidates under First-Past-the-Post category. 

They have the right to free legal aid. In addition, they have the right to information, social security and right to movement without any distinction. The children of this group would have the right to obtain education, proper teaching and a learning environment. But, our schools, hospitals and public vehicles are yet to become friendly to disabled persons.  

State investment

Section 21 provides that the government-aided schools would provide scholarships to them. Section 22 obliges a duty on the government to allocate a budget for ensuring free education to disabled students. The law emphasizes the importance of proper infrastructural developments in schools to ensure that students with disabilities have a fair opportunity to grow and succeed. However, our school buildings are yet to be developed accordingly.  

The law obliges the government to provide proper training regarding skill development and employment opportunities to persons with disabilities. If the person with disability wishes to establish or operate business, the government would have to provide loans at accessible interest rates. 

Chapter 7 deals with health, rehabilitation, social security and entertainment. Section 28 casts an obligation on the government to ensure free medical treatment at government hospitals to such persons who don’t have sufficient means. Also, the government should provide therapies including free therapy and occupational therapy. 

The law mandates government hospitals to provide free medicines to persons with haemophilia. The hospitals operated with more than 25 beds are directed to designate at least two beds for patients with disabilities.         

The law has introduced schemes for “restoration” and “rehabilitation” as well. 

Schemes and policy interventions

The law hosts ample provisions guaranteeing amenities and benefits to persons with disabilities. Section 37 envisages that the government would provide loans at accessible interest rates, and also provide assistance in agriculture and generate employment opportunities for them.

Section 37(2) provides that the persons with disabilities would get 50 percent of relaxation in fare in public transports. They would receive complete or partial relaxation in taxation in excise, custom duty or any other forms of taxes in equipment, vehicles, education materials, among other goods and services used by them. 

The organizations, banks and other types of institutions providing employment opportunities to persons with disabilities would get relaxation in loans. Also, the government would provide free education to the issues of such persons. 

The “National Direction Committee” has been envisaged under the ninth chapter. The “Minister for welfare of women, child and senior citizens” acts as its chairperson. The committee is entitled to make recommendations for the betterment of such a group of persons. Also, it has been empowered to oversee the effective implementation of the policies and laws and programs running for the promotion of the rights of such people. 

This committee could be constituted at the provincial level under the Minister looking after the welfare of disabled citizens. At the local level, a coordination committee has been envisaged under the Mayor. The coordination committee is empowered to recommend the local body to grant Identity Cards to persons with disabilities. 

This way, the law provides a shared responsibility of the Center, provinces and local bodies to implement the laws enacted to upkeep the rights and concerns of persons with disability.  

Way forward 

The Act is a step ahead in the right direction, for the law intends to advance the rights and concerns of persons with disabilities. It obligates the state to introduce schemes for reservation, rehabilitation and restoration. However, the law is yet to introduce a robust mechanism for positive discrimination for ensuring political representation in legislative apparatuses.