Flaws of Supreme Court Bar

Recently, the Supreme Court Bar Association (SCBA) marked its 50th anniversary with an event hosted at the Everest Hotel in Baneshwar. The commemoration, however, came with certain participation requirements set by the organizing committee, including a compulsory entry fee of Rs 2,500 per person and the obligatory wearing of an ID card throughout the event.

This meticulous approach regulating entry may have been intended to ensure that only those who had duly paid the fees and were legitimate members of SCBA were granted access.

At present, the Supreme Court Bar boasts an impressive roster of over 700 registered members. Despite this substantial membership base, the event witnessed a notably modest turnout, with fewer than 250 members in attendance, signaling a proportionately low participation rate.

In reflecting on the Golden Jubilee of the Bar, one cannot help but ponder on potential avenues that could have been explored to augment accessibility and inclusivity for all members. An alternative approach might have been the reduction or complete elimination of entry fees, thereby allowing every member, regardless of financial constraints, to actively engage in the celebratory occasion.

The organizing committee could have also contemplated collecting fees under different titles at a later stage to mitigate the impact on immediate financial burdens. Regrettably, the adherence to stringent fee restrictions resulted in a substantial majority of the Bar’s members being unable to participate in this historically significant event, leading to widespread disappointment among the legal community.

Also, within the legal profession, it is imperative to uphold certain practices that foster an environment devoid of discrimination. Regardless of one’s age, level of experience, or seniority, it is incumbent upon Bar members to extend equal respect and salutations to their peers. This principle is not only a matter of professional courtesy but also contributes to the overall harmonious functioning of the legal fraternity.

Notably, the courtroom serves as a microcosm of this ethos, where judges and fellow advocates alike bestow equal respect upon each other. This mutual regard not only exemplifies the nobility of the legal profession but also underscores the shared commitment to justice and fairness. It is this egalitarian approach that enhances the professional camaraderie and upholds the dignity of the legal practice.

Bar vs Bench

However, despite these commendable aspects, a discernible gap and tension have begun to surface between the Bar and the Bench. This development is less than ideal for a seamless functioning of the legal system. Addressing and mitigating these emerging conflicts should be a priority, as they threaten to undermine the very essence of a profession built on principles of justice, integrity and mutual respect. Nurturing a collaborative and cooperative relationship between the Bar and the Bench is essential to preserve the beauty and efficacy of the legal profession in its entirety.

Numerous decisions emanating from SCBA and the comprehensive pronouncements of the Supreme Court’s full bench have inadvertently given rise to a discernible gap between the Bar and the Bench. The continuation of these divisions holds the potential to foster discrimination between judges and advocates, thereby casting an unfavorable shadow upon the legal community as a whole. The symbiotic relationship between the Bar and the Bench risks being marred by these persistent gaps, ultimately affecting the harmony that should ideally characterize both communities.

Even during significant events organized by the Bar, such as the Golden Jubilee celebration program, instances of discrimination have been observed. The placement of senior members in the front rows and juniors relegated to the back rows during such events has raised eyebrows among Bar members. This practice, far from being well-received, has contributed to a growing sense of discrimination within the legal fraternity.

In recent years, the leadership of the Bar has faced challenges marked by a perceived lack of strength and professionalism. The prevalence of political appointments occupying leadership positions has overshadowed the appointment of individuals with a strong professional background. The presence of opportunistic leaders has made it arduous for the Bar to function cohesively. Consequently, this leadership vacuum has not only affected the Bar’s internal dynamics but has also become a source of discord, as the Bench and Court leadership have, in turn, started displaying discriminatory tendencies towards the Bar.

It is imperative for the Bar to reassess its leadership selection process and prioritize individuals of high moral standing and unwavering commitment to the legal profession. A leadership characterized by ethical values and a genuine dedication to the legal field will undoubtedly fortify the Bar and contribute to its strength. The same principle holds true for the Bench, emphasizing the need for ethical and dedicated individuals in leadership positions to maintain the delicate balance between the Bar and the Bench, ensuring a harmonious and equitable legal community.

The author, a member of the Supreme Court Bar, has been practicing corporate law for around three decades

INGOs and a quest for govt accountability

Nepal has evolved into a platform for international non-governmental organizations’ (INGOs) ‘revolutionary efforts’. These groups have been essential to the recovery of communities dealing with a range of issues because of their dedication to social justice and development. In Nepal, INGOs have been instrumental in resolving societal issues and promoting constructive change via their redemptive efforts. This article examines how these groups’ efforts not only result in social redemption but also act as a gentle prod to improve government accountability and also examines how INGOs work in Nepal to bring about good change and to act as a gentle prod, encouraging the government to take more responsibility.

INGOs in Nepal have been quick to respond to natural catastrophes and humanitarian emergencies by providing both short-term aid and long-term rehabilitation. Their redemptive endeavors go beyond catastrophe relief, exploring the fields of education, healthcare, reducing poverty, and empowering women. INGOs serve as agents of good change by tackling systemic problems and offering practical solutions. The education sector is one prominent area where INGOs have pushed the government toward accountability. These groups have built schools, supplied educational materials, and instituted teacher training programs; these actions have prepared the groundwork for a more comprehensive education system. 

The underlying message is very clear: Government accountability for providing high-quality education for all citizens is essential to the growth of society. INGOs have played a crucial role in bridging gaps and resolving imbalances in the healthcare sector. The construction of healthcare facilities, launch of public health initiatives, and distribution of necessary supplies all serve to highlight the dedication to enhancing public health. These activities subtly call on the government to give healthcare policy and infrastructure top priority because they understand the critical role that healthcare plays in ensuring population health. 

INGOs have moved into microfinance and poverty reduction efforts in an attempt to achieve economic redemption. These groups help to break the cycle of poverty by providing small enterprises with support, financial resources, and vocational training to local communities. The government is poignantly reminded of its responsibility to promote economic inclusiveness and sustainable development through the success of such programs. In Nepal, INGOs have taken the lead in questioning gender expectations and promoting women’s rights. Programs for women’s empowerment, from economic possibilities to education, strongly emphasize the value of inclusion. INGOs force the government to review and enhance laws that support women's rights and gender equality by doing this.

Obstacles and accountability

INGOs have made significant contributions, but there are still obstacles that need to be carefully considered, such as increasing reliance on them, coordination problems, and cultural sensitivity. Furthermore, the necessity of government accountability becomes increasingly evident when INGOs actively participate in community development. For lasting success, INGOs and the government must work together in a balanced manner. 

Even with INGO initiatives’ beneficial effects, problems still exist. Some opponents contend that local government mechanisms may unintentionally be weakened by INGOs’ influence. This necessitates striking a careful balance between bolstering domestic institutions and providing international assistance. #To guarantee sustainable development, there has to be open communication and accountability between INGOs and the government. Beyond its immediate effects on communities, INGOs’ redemption in Nepal also acts as a spur for government responsiveness and responsibility. Certain INGOs’ actions may be viewed as interfering with national sovereignty. This is especially true if it is believed that INGOs are imposing their objectives or dictating policies without taking into account the political, social and cultural environment of the nation.

An excessive dependence on INGOs for technical and financial support might lead to dependency. When INGO sponsorship wanes or changes in emphasis, the government may find it difficult to maintain programs and activities. INGOs may find it difficult to properly comprehend and honor the customs, social mores and cultural heritage of the area. Local communities may oppose projects that are in conflict with their cultural values. Certain non-governmental organizations may encounter censure due to their opaque operations, financial administration and decision-making procedures. This may give rise to questions regarding responsibility. 

INGOs encourage policy reforms, empower communities and address important social and economic concerns in order to push the government to be more inclusive, transparent and efficient. Collaboration between INGOs and the government will be crucial to ensuring sustainable and inclusive growth as Nepal continues on its development path. These groups act as a reminder to the government to fulfill its obligations as they support improvements in gender equality, healthcare, education and economic empowerment. 

Sustainable development necessitates a cooperative relationship between INGOs and the government so that the restoration of Nepal’s social fabric is a joint venture based on openness and responsibility. It is essential for INGOs and the government to work together harmoniously in order to build on past accomplishments and overcome future obstacles. They can steer Nepal in the direction of greater resilience, empowerment and accountability by working together. Redeeming efforts from INGOs in Nepal act as a little but powerful prod that encourages more transparency and responsive governance. Cooperation between INGOs and the government is essential as the country moves forward. This collaboration, which is based on open communication and common objectives, is essential to bringing about long-lasting improvement for the people of Nepal

The superfood: Avocado

In Nepal, the phase for people to recognize and appreciate avocado as a healthy, nutrient-dense fruit goes back over a decade, and its popularity gradually took on among fruit enthusiasts. Today, the consumption of avocado has almost become a household essential, especially in big cities like Kathmandu, Pokhara, and others, during its peak harvesting season. 

It has even appealed to Nepali farmers for its potential value as a cash crop and a substantial income resource. Dhankuta, in eastern Nepal, is known for extensive farming of avocados and has even bagged the title of avocado capital, Koshi Province.

Native to Mexico, the pear-shaped avocado with coarse rind was named amusingly the ‘alligator pear.’ It’s also called butter fruit in Europe and America for its creamy pulp. This pit-bearing fruit got its name, avocado, worldwide in 1915 when Californian farmers initiated its farming. Today, although the fruit is grown globally, Mexico stands as the largest avocado producer in the world. 

Among many varieties, the Hass and Fuerte are widely preferred by avocado lovers, the former blackish and the other with a green shade and thinner skin. Of the two, the coarse-skinned Hass is favored more than its cousin, the Fuerto, for its soft creamy pulp and smaller pit.

Incredible as it may sound, avocados pack nearly 20 vitamins plus minerals, and they are the only fruit that contains a substantial amount of monounsaturated fatty acids. 

As little as half an average-sized avocado packs almost 140 calories and 15 grams of fat—75 percent of the total fat is healthy monounsaturated. It is cholesterol and sodium-free, rich in fiber, and packed with folates and vitamin E. Likewise, dense in potassium, one-half of the avocado contains more potassium than a medium banana—487 mg against 422 mg, respectively. Health food buffs have touted it as a ‘Superfood.’ 

Now, the health benefits of avocado appear staggering if introduced into our meal plan. Let’s consider looking into the health rewards of the nutrient-dense fruit.

Supports the cholesterol level

Our body comprises two kinds of cholesterol: the ‘good,’ called HDL (high-density lipoprotein), and the ‘bad,’ called LDL (low-density lipoprotein). A severe hike in LDL can lead to life-threatening outcomes, running the risk of heart disease and stroke. The HDL absorbs cholesterol in the blood and transfers it to the liver to flush it out from the body.

Science backs it that avocados are loaded with oleic acid (omega-9 fatty acid) and the richest source of cholesterol-lowering nutrients called Phytosterols, boosting the healthy HDL and cutting down on the culprits, the LDL and the triglycerides. 

Research published by the American Heart Association maintained that daily intake of a single avocado can lower the LDL level. Clinical studies on individuals with high cholesterol levels furnished compelling evidence for this finding with remarkable results. Following a week-long diet of avocado, the analysis led to a 22 percent drop in the LDL and triglycerides while the HDL elevated by 11 percent.

The significant risk factors for cardiovascular disease are bad cholesterol and saturated fat. Again, rich in monounsaturated fat, folate, fiber, potassium, and a plant compound, beta-sitosterol, avocados help keep the cholesterol level in check. 

People with diabetes are supposed to tread a fine line between healthy meals and sugar spikes. Given that, the high-fat content in avocados might sound contradictory, inviting a bad rap. 

A medium-sized avocado contains about 22 grams of fat (15 grams monounsaturated, 4 grams polyunsaturated, 3 grams saturated). Thus, avocados with loads of ‘good fats,’ with an insignificant amount of saturated fat, still offer health benefits for diabetes patients.

Clinical observation has testified that a diet high in monounsaturated fat supports insulin sensitivity and advances the GLUT4 glucose in the cells.

Low in sugar content and dense in dietary fiber, soluble and insoluble, the consumption of avocado enhances glycemic management and stalls blood sugar spikes. It also helps spur better digestion and may reverse insulin resistance in type 2 diabetes.

Keeps the kidneys safe

Maintaining a healthy heart is crucial, as is the delicate care and safeguarding of our kidneys lest they run high risks of harm with critical results. A rich source of vitamins, minerals, and antioxidants, a single avocado packs over 480mg of potassium, which nourishes the kidneys. Specialists maintain the intake of a moderate amount of avocado in their diet, even helping chronic kidney patients in a critical stage.

Even tea made from avocado leaves works as a kidney cleanser, flushing wastes and toxins from the kidneys.

Keeps our eyes healthy

Avocados are rich in vitamin E and compounds like lutein, zeaxanthin, and carotenes. Research studies maintain that it supports eye health. With antioxidant properties, they also assist in fighting off eye diseases that come of age, such as macular degeneration and even cataracts.

Incorporating avocado into your meal plan helps keep your eyes healthy. It is rich in compounds called lutein and zeaxanthin (belonging to the carotenoid family). They maintain your eye health with antioxidant properties and fight off eye diseases that come of age, such as macular degeneration and even cataracts. 

Nourishes the skin

Besides, ladies also try a thin slice of avocado peel or a fruit paste mixed with almond oil under the eyes, thought to remedy dark blotches. For the oil content in the peel, too, rubbing the peel on dry skin of the face works wonders, they claim. Women also use the creamy paste of the fruit as a DIY face mask to hydrate and moisturize the skin. It is supposed to make the face skin soft and silky.

Some tips

When buying avocados, widely available in Kathmandu fruit stalls, go for the firm ones, discarding those with soft, dark, sunken spots or bruises. You can store them in the refrigerator for ripening, which takes four to seven days. If you wish to ripen them earlier, stow them in a paperback in your pantry; that takes less time to ripen. 

Like all other fruits, avocados are eaten raw. The pulp mashed into a fine paste makes a superb spread, substituting butter for bread, sandwiches, and rotis. It works wonders as a salad accompaniment. Or slice it and eat it by scooping its creamy fruit.  

Or, if your taste buds crave a seasoned sauce or spread, mash the fruit, add lime juice, and season it with a pinch of salt and cilantro. Voila, you have blended it into an incredibly popular Mexican condiment. 

Small wonder, the fantastic avocado has won over the hearts of people across the globe today. The bottom line? The splendid nutritious fruit worth its weight in gold is, by all counts, a ‘Superfood!’ Indeed!

References: hsph.harvard.edu/nutrition source; cdc.gov; medicalnewstoday; healthline.com; bbcgoodfood.com; nutritiofacts.org; breathewellbeing.in; avo.com.np.

Disclaimer: The views expressed in the above text are solely research-based, not medical advice; the author solicits readers’ discretion and cross-references. 

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A wasteland for innovative minds?

From the prehistoric epoch, our land has been home to some of the great minds, including sages and hermits with tremendous philosophical depth and ideology, sources of wisdom and knowledge throughout the world. Nepal has had personalities, who had attained dimensions beyond physical, in the genres of ‘tantra’, ‘mantra’ and ‘yantra’. 

While the half hemisphere of this living planet was living in the stone age, knowledge based on profound experience of the cosmos was flowing in Nepal. 

This is the land of the Vedas, of the Buddhas including Shakyamuni Buddha, this is where Kapilmuni propounded the Sankhya philosophy and Falgunanda instituted Kirant religion. While this rich and vibrant culture and tradition is still going on, the rulers of this country have failed to recognize and tap Nepal’s tremendous human potential.

During the Rana regime, Gehendra Shamsher Rana, considered the first scientist of modern Nepal, developed Nepal's first mini-hydropower plant, water-powered rice pounding mill, wind-powered water pump and leather refinery, among others. 

Gehendra Shamsher also made guns, cannons and a car. Despite these contributions toward the country, the then ruler Chandra Sumsher Rana demotivated this scientist and had him exiled. Finally he died in mysterious circumstances at a young age of 35.

There was another innovator in Nepal, Achyutananda,  also known as Viman Pandit. He built a steam-powered car that could carry up to two people after 20 years of efforts, playwright Balkrishna Sama mentions in his book titled ‘Mero Kabitako Aaradhana’.

Achyutananda is also said to have built a model aircraft with features including a kerosene-powered engine and a bamboo frame covered with waterproof wax cloth. He took off at Pachali Ghat and landed at Kalmochan Ghat. But the aeroplane project ‘crashed’ as soon as the news of the successful test flight fell on Chandra Sumsher’s ears.

These projects were no mean feat in an era when Nepal was largely isolated from the rest of the world. 

Almost 25 years after Achyutananda’s passing, another researcher-cum-innovator-cum-social entrepreneur, Mahavir Pun, was born in Nepal. Pun built a local communication network using wireless technology to connect people in the Himalayan communities. 

But this innovator, a Ramon Magsaysay awardee, has also been suffering the Nepali state’s neglect toward his noble cause. Despite promises to fund his brainchild, National Innovation Center, no help is forthcoming from the state, forcing Pun to auction his international awards to keep the center afloat.

The Takila mountain in Bhutan features a 155-feet-tall statue of Guru Padmasambhava, the first of its kind in the world. The place is expected to become a hugely popular tourist destination, bringing prosperity to local communities. 

Who is behind this magnificent project? A Nepali team under Rajkumar Shakya, a prominent sculptor, who has taken the traditional Newari repousse metalwork to the next level. His works can also be found in Japan, South Korea, France, Italy and the United States. 

After six years of hard work, a team of six sculptors under Manjul Miteri, a sculptor from east Nepal, have carved out a 65-feet-tall sculpture of Gautam Buddha on a cliff in Kyushu (Japan), considered the biggest sculpture of the century on a single solid rock mountain. 

Laxman Shrestha, a self-taught expressive artist from Nepalgunj, participated in the 17th and 18th Asian Art Biennale in Bangladesh, with his abstract paintings entitled ‘Quake’ and ‘Starving Moon’. The Mumbai-based Gallery 7 has bought his works. 

Shrestha is the creator of ‘Khoj’, a series of graffiti that used to be on display in Kathmandu with social messages. Instead of getting support from the state, he got arrested twice. 

For a month, 41 artworks of 13 artists are on display at Drexel’s Pearlstein Gallery in Philadelphia, the first exhibition of contemporary Nepali artists in the United States. 

The exhibition features the works of Shiva Kumar Sharma, an impressionist artist from Dolakha based in Kathmandu, among others. 

His first exhibition was held in Darjeeling in 1982 when he was 14, followed by a solo exhibition in 1991 at Nepali Girls Dioses Center in Darjeeling. Sharma has been spearheading a ‘Save trees movement’ since 2000 and participating in popular group exhibitions. 

These are but some of the representative cases showing the Nepali state not even bothering to give some of its exceptional minds even a pat on the back for doing Nepal and the Nepalis proud.