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Formal education at school plays a pivotal role in shaping individuals’ perspectives and behaviors. These initial perspectives serve as the foundation upon which subsequent views and actions are constructed throughout one’s life. Consequently, school education leaves a substantial and lasting impact on individuals. Therefore, school actors must remain highly vigilant in overseeing every event and activity within the school environment. This vigilance is essential because each event can have a profound and enduring impact on individuals’ lives.

In July 2002, Transparency International issued a report highlighting that teachers had become primary targets for both the Maoist rebels and the security forces in Nepal. This situation is particularly noteworthy in a society where teachers hold an esteemed status; they, revered as god and goddess, are also equated as parents of the students.  These unique cultural contextual ties naturally prompt us to ponder as to why teachers found themselves specifically singled out during the insurgency period.

Several factors could be behind this targeting, but many education experts now argue that the school education practices during that time, and even now, lack sensitivity toward conflicts that could take root in the formative years of children; the teaching methods and strategies employed were insufficiently attuned to the potential generation of conflicts; students from diverse backgrounds, including differences in learning capacities, cultural heritage, ethnicity, and caste, often did not receive the sensitive treatment they needed within the school environment. Additionally, these students often faced bullying and harassment. Corporal punishment of students was commonly accepted and practiced. As a result, certain binary oppositions were instilled in the young minds of students, such as males versus females, the rich versus the poor, Dalit versus non-Dalits, ethnic versus non-ethnic people, and Pahade versus Madhesi, among others. These binaries left negative imprints on young minds, fostering a readiness to oppose those on binary oppositions. Corporal punishment might have also contributed in building a deep-seated anguish and agony in students toward the teachers, and/or others opposed to their views. When these individuals became embroiled in conflicts, they subconsciously targeted their perceived adversaries as a form of retribution. If one were to endorse this perspective, it is disheartening to observe that no meaningful actions have been taken to date to introduce conflict-sensitive education or implement conflict-sensitive teaching strategies at the school level education.

Certain common school education practices inadvertently contribute to the development of a conflict-prone mindset and behaviors within the school environment. For instance, many schools form separate teams based on gender, creating a division between girls and boys. Some historical events, which are celebrated for their bravery and glory, are often presented in the class, in a way that (that) emphasizes the cast or ethnicity of the individuals involved. In the same strain, some specific qualities are assumed/attributed to the students readily in the class in terms of their ethnic, social and linguistic backgrounds while conducting various teaching-learning activities. But these practices only serve to perpetuate disparities and divisions among students from various backgrounds, including different castes, ethnicities, gender, geographical locations, and socioeconomic and cultural groups providing a fertile ground for the germination of a conflict-prone mindset. 

The competitive teaching approach is usually practiced among students at schools to motivate learning and achievements at the cost of collaboration and teamwork. Instead of learning together, in a competitive teaching approach students may view their peers as rivals, which can hinder a cooperative environment. The fear of failure or falling behind their peers can have detrimental effects on mental health and overall well-being of students. Intense competition can lead to increased stress and anxiety among students. Competitive teaching can exacerbate inequalities among students. Students from privileged backgrounds or with access to additional resources may have an advantage, while others may struggle to keep up. As a result, a highly competitive classroom environment can strain teacher-student relationships, as teachers may be perceived as judges or enforcers of competition rather than facilitators of learning. It, then, unintentionally, results in developing conflict-prone mindsets in students.  

Other prevalent teaching methods often center around competition, fostering a sense of rivalry among students. Competition establishes a hierarchy where excellent performers inhabit a higher pedestal, receiving preferential treatment and higher rankings, while those lagging behind land lower positions. This again unintentionally creates a division between high and low achievers, potentially leading to a conflict-prone atmosphere. There is no universally perfect teaching method that guarantees the creation of an inclusive environment and equal learning outcomes. However, one can exhibit sensitivity in choosing a teaching approach that maximizes learning opportunity for everyone. This, in turn, reduces the likelihood of creating conflicting situations and minimizes the risks associated with a divisive learning environment.

Education is not merely about imparting knowledge; it’s also about shaping attitudes, fostering understanding and equipping individuals with essential life skills. In today’s interconnected and diverse world, the ability to navigate conflicts effectively and with sensitivity is a crucial skill. Teaching methods that promote conflict sensitivity is of paramount importance.  Summing up, selection of conflict-sensitive teaching strategies is essential for nurturing well-rounded individuals, who possess the knowledge, skills, and attitudes needed to thrive in an increasingly diverse and complex world. By promoting empathy, critical thinking, effective communication and conflict resolution skills, these strategies play a pivotal role in shaping a more peaceful, inclusive and just society. Educators, policymakers and institutions have a collective responsibility to prioritize the incorporation of conflict-sensitive teaching strategies into educational curricula to prepare students for the challenges and opportunities of the 21st century. Teachers should also receive training in conflict-sensitive education methods and practices to better understand and address the potential sources of conflict that may grip young minds. 

Recently, the news regarding discussion over shortening the four-year undergraduate degree caught my attention. As per news reports, such a need was felt due to high drop-out rates and no employment guarantee after completing the course. It has also come to light that the four-year course often takes five years to complete, and students struggle to financially support their studies. In this context, rather than returning to the three-year bachelor's degree, the university should develop concrete plans to ensure that the four-year degree adheres to the academic calendar and is completed within four years. 

Furthermore, the university should introduce new curricula that are industry-friendly, bridging the gap between the classroom and the real business world. These curricula should link academic courses to business profiles with the potential to thrive anywhere in the world.

In this short piece, my primary focus lies on how the curriculum can be revised to mitigate the significant drop-out rates. While my ideas may be more pertinent to the Information Technology and Management fields, they can offer valuable insights to the ongoing discussions. The curriculum should be designed with the goal of empowering students to apply their classroom knowledge in real-world situations or the business world. For instance, in the context of Business Communication, a subject tailored for management students, we can integrate courses like e-commerce, report writing and interpersonal communication, among others. When studying e-commerce, students could have the opportunity to visit actual e-commerce businesses to gain practical insights into their operations. Additionally, inviting founders or co-founders to share their entrepreneurial journeys in the classroom could serve as a source of inspiration for students contemplating the initiation of their own e-commerce ventures.

Prospects of Freelancing/Outsourcing

We live in a globally interconnected world. Despite living in a land-locked country, we can contribute significantly in the knowledge industry. Nepali university graduates can work on projects where distance and weight are not taken into consideration. They can become the workforce of European or the US companies if they champion certain skill sets. Taxation on the income earned through foreign exchange is quite lower compared to income earned through salary or investment in Nepal. As per the report, information technology services brought Rs 67 billion rupees to Nepal, with joint efforts of 106 information technology companies and some 15,000 freelancers.

By championing certain skill sets I mean acquiring skills and extending knowledge areas that are being sold faster than others. Several online workforce platforms, such as Upwork, Fiverr, Freelancer, and PeoplePerHour, have gained global recognition. Their statistics show top jobs or skills that sell more than others. Based on their real-time data, interactions and jobs, they also rank certain skills and sub-skills. They also rank those skills based on their nature like technology, marketing, customer service and admin, accounting and consulting, design and creative etc. Among the skills Upwork ranked for 2023, full stack development, front-end development, back-end development and mobile-app development are skills that sell the most under tech skills. Similarly, search engine optimization, social media marketing, search engine marketing, email marketing are some most salable skill sets under marketing. Likewise, under customer support and admin, email, phone and chat support, virtual assistance, data entry, digital project management, research and transcription are the most in-demand skills. There are accounting and creative skills which are also in demand encompassing skills from recruiting and talent sourcing to graphic design and business analysis to video editing.

Developing Skills from Colleges to Beyond

My concern is that the university students can link their academics to a number of salable skills including the mentioned ones. They can create clubs in their respective college where they can discuss and share their knowledge related to the skill set. There can be a front-end development club, digital marketing club, virtual assistance and data entry club, translation and subtitle club and many other clubs that can work together for common good. For the successful operation of such clubs, the college management can also facilitate and provide expert counseling and coaching. The students that do not have clubs in their colleges can hone their skills independently taking classes in training centers.

The benefits of such platforms are tremendous. Technology has also made society homogenous. Nationality and national borders have blurred. A Kenyan teacher assists to write research papers to a British university graduate student and a Nepali software engineer works with a Dutch programmer to create a global web application owned by an American. You need to showcase your portfolio in a detailed and precise manner and start applying to those related to your skills. Most of the jobs in those platforms are looking for skills that our university students may possess. Rest of the details like race, nationality, age, sex do not matter. Hence, young graduates need to pick up a skill or two based on their interest and existing knowledge. They then need to hone their skills, and need to apply the skills to job providers in the global online marketplace.

According to the 2023 financial report from Payoneer, an American financial services company, there has been a significant increase in demand for skills such as programming, marketing, project management, and web design over the past year. The report also highlights that 46% of freelancers experienced an increase in demand for their work, indicating a growing reliance on freelancers by businesses. Nepali university graduates should join this global freelancing trend to financially support their studies. Some may even progress to the next level by forming companies and teams, potentially achieving millionaire status within a few years.

Local governance is not only the devolution of electoral representation to the grassroots but also the cornerstone of a functioning democracy. As opposed to provincial and central governments, local governments recognize local issues that are addressed at the local level.

Local governance embodies the true spirit of federalism, for it deals with socio-economic problems, including urban and rural civic facilities, with an active participation of commoners. In fact, local governments are key players of service delivery and the adjudicator of local disputes. From maintaining the natural environment to waste management to registering individuals’ life events like birth, death, marriage, we see the presence and importance of local bodies everywhere.

Legal mandates

As local governments are critical for a democracy to thrive, the Constitution of Nepal recognizes this institution under Part-17. Article 214 envisages vesting local executives with executive powers of the local government while Article 217 deals with Judicial Committees empowered to settle disputes by way of alternate dispute resolution at the local level. The Local Government Operation Act, 2074 BS (2017) under Section 47(1) empowers the Judicial Committees to dispense as many as 13 types of disputes, including that of petitions regarding non-payment of daily wages, matrimonial disputes and trespassing. Section 27 of the Act, 2074 lays down a solemn duty on every person to get a proposed design (map) of the house passed from the concerned local body before its construction. Section 37 confers power on local bodies to take action against the person constructing a permanent structure without taking approval for a proposed design. These legal mandates are sufficient to conclude that local governments have a huge legal mandate and they are the lifeline of Nepal’s federal democracy.

The municipality’s development efforts, as articulated by the laws, need to be modified in the light of new realities. The legal mandate has to be acknowledged in a true and material sense.

For instance, the Free and Compulsory Education Act, 2018 vests local bodies with a responsibility to ensure that parents send their wards to school. Kids can hardly get an education if their guardians don’t have a job and sufficient means of livelihood. Our constitution, under Article 33, guarantees the right to employment to every citizen as a matter of fundamental right. Yet, our youths are toiling abroad for a ‘better future’.

As per the mandate of the Right to Employment Act, 2075 BS, local bodies are required to prepare a list of unemployed youths. The Employment Service Center (ESC), formed by the Government of Nepal, is given the authority under Section 11(2) of the Right to Employment Act to compile a list of “actual” jobless people from the list of all applicants and provide them temporary jobs. Details like when and for how long the applicants will be hired are not specified in the Act.

According to Section 11(3) of the Employment Act, ESC must also submit its reports to the provincial government. Section 10(2) states that the ESC will act with the help and advice of the central government. As a result, the central government has a lot of discretionary power to give shape to the employment policy. This goes against the federal fabrics. The central government’s myopic vision is to blame for non-enforcement of this law.

There is nothing to put a stop on the outmigration of workers. Our youths are toiling in the Gulf for a better income. Due to extreme temperatures in the Gulf countries, they suffer from different diseases. At old age, they have no option but to spend the rest of their hard-earned money on treatment and become poor, once again. 

Job creation is the only solution to unemployment problems. Our education system should be updated in the light of changing realities to produce human resources compatible with the job market.  

Even praiseworthy legal mandates will continue to fall short unless they are implemented in a true and objective manner. Take an example of Janakpur, an ancient place with the legacies of Mithila’s capital city and the birthplace of great philosophers like Gargi and Yajnavalkya. But pollution in the capital city of Madhes Province often upsets the people and this unpleasant atmosphere is causing harm to its identity as a great place of historical significance.

Local government’s efforts to make Janakpurdham a cleaner and greener place will be in vain unless local communities support the efforts. As a first step toward restoring the glory of Janakpur, tourist attractions like Janaki Temple, Ram Temple, 12-Bigha, Rajdevi Mai Temple and religious ponds should be cleaned up. A ban on public and private vehicles may be imposed in and around historic places to curb pollution and maintain their beauty. Janakpur Municipality can take a leaf from Kathmandu Metropolitan City, which has imposed a ban on the use of public and private vehicles at historic places like Hanumandhoka and Basantpur.  

Take an example of waste management. The local government of Janakpur has deployed its staff to broom, pick up the wastes and keep the streets clean. Because of their active role, Janakpur appears a bit cleaner. In the early morning, streets appear cleaner but after 10 AM, it’s a different story. The shopkeepers, hotels, and even local people have developed a tendency of throwing garbage and solid wastes on the streets. They believe that their duty ends up with maintaining cleanliness of their respective places/residences. Feast and function organizers are no different. They splurge on feasts, but don’t spend much on waste management. Government and private hospitals also do not care much about waste management. Given this situation, we need joint cooperation from every walk of life to fight against environmental menace and to launch a cleanliness drive in Janakpurdham.

For proper management of unattended cows, of which the streets of Janakpurdham had no dearth, the municipality has developed a “Gaushala”. Other local units can replicate this practice. In addition, the municipality has developed a parking place and a stadium. These attempts of the municipality are indeed praiseworthy.

The way forward

A nationwide effort is a must to strengthen the local governance system for promoting social harmony, fostering the concept of welfare state and speeding up local development. Sustainable development goals like quality education, clean water and sanitation, gender equality, and sustainable cities and communities will remain on paper unless we succeed in translating legal mandates into reality. It’s high time we lived up to people’s expectations. Our laws should be implemented in letter and spirit for the cause of local governance and federal democracy. 

On 20 Sept 2015, Nepal adopted its first federal democratic republican Constitution promulgated by the Constituent Assembly, a historic step for a nation that had gone through a decade-long Maoist insurgency, royal massacre, Madhes movements and other  political deadlocks.  The seven years’ exercise finally produced a new Constitution. Nepal formally abolished its legacy of Hindu monarchy and emerged as a federal democratic republic. Over the years, the political instability was so heightened that the country saw 15 prime ministers since 2006. Even after the delivery of the 2015 Constitution, the country witnessed eight prime ministers. The drafting process (2008 to 2015) kicked off in 2008 with the formation of Constituent Assembly-I, the unicameral body of 601-member, after its election. In fact, the demand for a new Constitution was raised by Maoist rebels, who waged a decade-long civil war which ended with the 2006 comprehensive peace accord. The Constitution aimed to reinforce Nepal as a secular, democratic republic with a provision for safeguarding the religion, and federate the country into seven provinces.

Bag of progressive provisions  

While celebrating Constitution Day, it’s high time for us to rejoice in the progressive provisions. It stands as the first national  charter in South Asia to include an explicit mandate of one-third representation to women in legislative apparatus. The Constitution expressly guarantees the rights of transgender people. This paradigm shift has made the country bound to adopt affirmative action to ensure the proportional representation of oppressed groups, including that of transgender and disabled persons, in the state apparatuses. In yet another breakthrough, the charter institutes fair corpus of provisions for language as well. In order to flourish the languages given by mother, it's been provisioned that the languages given by mother shall be the national languages. The fundamental rights provisions are praiseworthy. Take the example of the right to privacy. Right to privacy is yet to be expressly mentioned in the Indian constitution; however, the same right has been enlisted under fundamental rights in Nepal. Still, the right to privacy is protected as an intrinsic part of the ‘right to life and personal liberty’ clause in India.

The provisions relating to fundamental rights have been embodied under Part-III (Article 16-48) of the Constitution. There are ample provisions which are progressive in nature. For instance, right to information, right to communication, right to justice, rights of victim of crime, right against torture, right to free legal aid, right to privacy, right to property, right to clean environment, right to language and culture, rights of women, rights of Dalits, rights of senior citizens, and  right to social security, among others, are the provisions which appear progressive in one way or the other.

Our progressive fundamental rights would become meaningless unless implemented in true and material sense. The state is failing to implement these rights in letter and spirit due to its poor economy and political instability. It’s the fault of the government, not the Constitution.

Constitutional supremacy

The Constitution of Nepal under Article 1 secures the supremacy of the constitution, while Article 133 and Article 146 confers power on the Supreme Court and High Courts, respectively, to issue any form of writs and determinations to secure the fundamental rights of the people. Our Constitution confers a wide range of powers on the judicial department to judicially review the actions of executive and legislature.

The Supreme Court in the case of  Bed Krishna Shrestha v Ms Secretary, Department of Industry, Commerce, Food Civil Supplies (2010 BS) held that power and obligation of the Pradhan Nayalaya, under Section 30, was to prevent unlawful action in case it infringed on the fundamental rights of people. In Mrigendra Shamsher Rana v Inspector General of Police (2011 BS), Chief Justice Hari Prasad Pradhan for the first time in the judicial history of Nepal issued a directive order to the government to initiate immediate amendment in Raj Kaj Act. The 1990 constitution had considered the provision of the Judicial Review as one of the sacrosanct parts of the charter.  This way, the judicial department has the ultimate power to test the constitutionality of the action of the government under writ jurisdiction.

In the United States, in 1789, Judiciary Act conferred power on the US courts to review the governmental actions. In 1803, Chief Justice Marshal in the case of Marbury v Madison held that it is the judicial department to say what the law is. Article-III, Section-2 of the US constitution envisages that the Judicial power shall extend to all cases arising under the constitution, laws of US and up to certain specified controversies.  Likewise, Article VI, Section 2 provides that the US constitution is supreme and the laws inconsistent to it would be void.

Similarly, in the United Kingdom (UK), where the constitution is unwritten, and parliament is supreme, the courts have been conferred with power to interpret the laws. In Germany, the constitutional court is empowered to strike down not only ordinary laws but also constitutional amendments for being incompatible with the basic features of the constitution. Interestingly, the concept enjoys a similar currency in Nepal as well. 

Missed opportunities

The preamble acknowledged the glorification of various movements in the past such as the people’s movements and Maoist insurgency. But, the Constitution does not recognize the Madhes uprisings that led to the inclusion of federalism into the characteristics of the new Nepal. Had the makers of the Constitution recognized the Madhes movements, it could have further amplified the acceptance of the Constitution in the southern plains. It was a missed opportunity.

The charter provisions that the “operation, supervision, and coordination of Nepal police and provincial police shall be as provided by Federal law” [Article 268 (3)]. In doing so, the makers of the Constitution have offered a little say to the provincial legislatures in enacting policies for the police apparatus. 

Article 56 confers the power to declare village councils and municipalities to the federal government. It means the provinces do not have the power to restructure local bodies in the future. Article 203 does not give power to the provincial governments to levy tax without the consent of the central government. 

Moreover, the drafters ought not to have rejected calls to revert back to a Hindu state. It was the Hindu identity of Nepal that was crucial in bringing the Madhes and Hill people together. It would have been better had the CA members given due respect to the things which could be crucial in bringing Madhesis and Pahadis together.  Still, there would be political debates, there would be heated arguments also, at times there would be protests on the streets, yet amidst the noise and chaos, what the preamble of 2015 Constitution has taught ordinary population and those who claim to be representatives of people is that despite extraordinary diversity and differences along the lines of ethnicity, caste or religion, Nepal must remain one and march ahead with full faith on democratic credentials.

Way forward

There is no need to be disappointed with a handful of conflicting provisions, which may appear to be unitary in nature. They can be amended. From ensuring equality to providing positive discrimination to marginalized communities, from guaranteeing one-third representation of women in legislature to allowing transgender to seek citizenship certificates with recognition of sexual orientation and promoting egalitarianism, equity and good governance, our Constitution appears to be a progressive document. It’s high time to popularize these progressive measures. It’s time to implement them in letter and spirit.  The Constitution of Nepal—like other constitutions of the world—will also evolve with the passage of time. Nepal deserves constitutional democracy and rule of law. It’s time to live with the constitution.