Submit your Article

If you were to envision an ideal punishment system what would its components be? Penal system is an important measure, a component of the broader system that ensures the wheels of justice are in motion.  A robust punishment system is integral in turning justice from a vain ideal to a pragmatic reality but with time, it is also important to change the modality and the very aim of the punishment system itself. As important as it is to ensure that justice is done to the victims, it is equally important to be prudent in the reform and rehabilitation of the perpetrator. 

A much-needed solution to the prison problem? 

In Nepal, the prevailing mode of our penal system has relied on financial sanctions and incarceration.  As per the Prison Reform International, financial sanctions such as fines are prone to criminalizing poverty and further over-representation of an impoverished minority. In provisions where the person can either pay fines or face incarceration people who are pushed into crimes because of poverty have no choice but to face incarceration and their jail term that further jeopardizes their economic status thus, even though sentencing is done-it is not a rehabilitative measure. Thus, it is important to acknowledge that financial sanctions have a disproportionate effect and often, may confer an adverse effect to the rehabilitative intent of the criminal justice system. 

This puts out a question on the efficacy of our incarceration system. The recidivism rate is ever so higher in the year 2019, as per a report by the Kathmandu Post the crime rate too had increased by 40 percent. Similarly, the physical infrastructures of our incarceration systems are exhausted beyond their capacity. A report presented by The Prison International  showed that Nepalese prisons were occupied and exhausted beyond their capacity as the occupancy rate was 153 percent. The budget for prison is scant as it is and when the designated resources are already in a state of severe scarcity in the prisons, such undercutting is bound to compromise the living condition standards in prisons. Whereas, increasing the funding causes an unnecessary exhaustion of the state’s economic resources at the expense of its taxpayers—so in this scenario, an alternative sentencing measure can be the economically efficient and effective measure to the problems our penal system is riddled with. The state of internal mismanagement along with plethora of problems such as drug use inside prison have riddled our prison system with a plethora of problems making it a brewing ground for chaos. 

But is incarceration the only norm when it comes to punishing the offenders? It is necessary to debunk these assumptions on the incarceration system by facts not mere assumptions and necessary frameworks are required for a penal system that is effective and just to both victims of the crime and conscious of tenants of rehabilitative and restorative justice.  

Sentencing policies: Incentives or sanction based? 

A way to connect sentencing policies with community is by incentivizing community integration i.e., rather than modes of imprisonment and confinement the justice system has to rely on a mode of incentives and rewards so that the rehabilitative intent of the criminal justice system can transform into a practical reality. Policies on sentencing have advanced community-based approaches in contrast to conventional modalities of punishment that inform a pragmatic and theoretical basis as to why community-based sentencing ought to be prioritized. The Criminal Offenses Sentencing and Executing Act, 2074 governs provisions regarding sentencing modalities—the very act in its preamble lucidly puts that the legislation has been provisioned for the intent of creating a just, peaceful and safe society. The very act in its section 13 (d) and (e) lay out two of the primary principles behind punishment. On one hand it emphasizes that the intent of punishment is to rehabilitate and assist to improve and the consecutive section e. emphasizes on keeping the offender astray or separate from the society thus, it puts out a preventive and a rehabilitative intent.

The emphasis on policies that focus on the role of communities in rehabilitation and restoration by incentivizing community integration as a correctional measure is a step for making our punishment system more efficient and humane. In Nepal, the Criminal Offences Sentencing and Execution Act, has envisioned the provision for community service for offenses with up to six months of imprisonment. The act has embraced a modern reform to our criminal justice system by envisioning provision for open prison, parole and probation. Despite the provision of the act, the system of parole has been implemented from 18 Oct 2023 and it is also to be taken to note that parole is not an absolute right-it is a privilege extended to prisoners who meet the conditions prescribed. As per the department of prison some 1,600 prisoners are eligible for parole which indicates a positive policy measure on the part of the government to address the overcrowding issue of prison.

Although, alternative sentencing practices mark a reformist approach to conventional sentencing modalities that emphasize sanctions as opposed to incentive and a more holistic goal that aims to punish the perpetrators whilst being prudent of their necessity to rehabilitate and reintegrate into society. However, alternative sentencing too has to make place for victim centric justice and should be a measure to promote the common good as opposed to the interest of certain political kittas and their aides. Prisons, fines or other alternative modalities should be perceived as correctional facilities and measures rather than an inescapable oblivion and sentencing term should be a journey of redemption as opposed to an institutional purgatory. 

The author is pursuing BA LLB at Kathmandu School of Law

Nepali leaders frequently express concern about the perils to Nepali democracy from unidentified sources, yet none have explicitly articulated the basis for their apprehension. The political maneuvers diverge from reality, and Nepali people are sick and tired of the leaders from all the political parties, who are still imposing conspiracy theories regarding democracy in Nepal. These leaders persist in imposing outdated notions of political stunts, despite a transformative shift marked by the overthrow of Narayanhiti Palace and the establishment of a new democratic order. The question remains: Why do these self-proclaimed democratic leaders persistently ‘invoke’ threats to our democracy and the rule of law?

These leaders have failed to steer the country with democratic norms and values. Despite Nepal officially discarding the monarchical and autocratic political system and enacting a new constitution in 2015, political leaders have not rekindled their commitment to democratic principles, remaining out of sync with them. Huq and Ginsburg argue that democracy devoid of democrats poses a distinct ethical dilemma, where unelected actors must decide between honoring the preferences of current voters or enabling future voters to make a meaningful democratic choice (2020). Nepal is a stark illustration, with rejected political leaders continuing to influence decision-making processes and governing bodies. The recent appointment of Krishna Prasad Situala to the upper house reflects a non-democratic trend and disregard for the people's mandate. The government appears more focused on retaining power than fortifying democratic institutions and principles, leading to power imbalances among coalition partners and neglect of the voters' mandate.

Nepali voters still grapple with illiteracy, facing challenges in comprehending democratic values and institutional development. Rather than safeguarding democracy, political parties and their leaders exploit this situation as an opportunity to seize power. These self-centric leaders neglect investing resources and efforts in voter education, opting instead to manipulate power through intimidation and vote buying. Presence of corrupt and unethical leaders poses a significant threat to the progress of democratic institutions and the empowerment of the people. Additionally, leaders across the political spectrum resort to deploying various political tactics to attract voters, often falling short of transparency and honesty. For instance, Nepal’s social welfare program, aiming to provide financial support to the elderly, has drawn criticism from experts. This initiative was implemented without sufficient public discourse and research on its potential outcomes and sustainability.

The prevalence of financial and policy-level corruption in Nepal is alarmingly high. Political parties and their supporters engage in substantial financial expenditures during elections, emerging as a primary catalyst for political corruption. Parties and their leaders frequently misappropriate development budgets intended for societal progress to fund costly election campaigns and appease their constituents. Moreover, a disturbing trend in corruption cases implicates high-ranking political figures. Examples include Nepali Congress leader and former minister Bal Krishna Khad, CPN-UML leader Top Bahadur Rayamajhi, Maoist leader Krishna Bahadur Mahara, and former finance minister Janardhan Sharma, all directly implicated in various corruption-related incidents. This poses a significant threat to Nepali democracy, the rule of law, and the moral fabric of society.

In his book “The End of History and the Last Man,” Francis Fukuyama posits that liberal democracy, characterized by a focus on human rights, regular and free elections, and adherence to the rule of law, represents the ultimate stage in the evolution of human history. According to Fukuyama, the path to success for underdeveloped countries involves embracing freer markets and globalization. However, Nepal lacks the foundational tenets of democracy, such as freedom, human rights, and the rule of law.

The 2022 index from Freedom House reveals that Nepal is classified as partly free, scoring 57 out of 100 on the global freedom index. 

Nepal performs poorly in preventing corruption, government transparency, ensuring due process in civil and criminal matters, implementing equal treatment policies, safeguarding individual rights to equal opportunity, and preserving freedom. The government has fallen short of upholding democratic norms and principles for its people. In the light of these shortcomings, the question arises: Why do leaders persistently claim that democracy is under threat, even when they are in power?

The straightforward explanation lies in their apprehension of facing repercussions from the public due to their inability to govern with integrity and uphold the rule of law. Their anxiety is also fueled by the deceptive pledges they have made. Although Nepal theoretically operates as a democratic republic, its leaders often resort to autocratic practices, posing a more significant threat to democracy and the rule of law than external factors. Shifting blame toward foreign entities and passive political interest groups won’t contribute to political stability. It is the responsibility of political parties to fortify democratic institutions and principles, fostering peace and prosperity in Nepal. The primary threat to democracy originates from within the political parties, and their ineffective governance should not be attributed to unidentified elements.

The opinions expressed in this article are the author’s sole responsibility and do not reflect the views of any organization with which the author is professionally affiliated

In Hinduism, red vermillion is a sign of valor, energy, and prosperity and is commonly used in worshiping gods, festivals, marriage ceremonies. The red vermillion mainly contains highly toxic Mercury sulfide (HgS) and sometimes Lead tetraoxide, which can cause carcinogenesis, leukoderma and multiple organ failures. Even though HgS is non-poisonous and can be stored and transported without any problems, it can release pure mercury in presence of heat and oxygen. In addition, after ingestion, the HgS is converted to toxic methylmercury by the intestinal microbiota such as bacteria and algae, which accumulates in the body leading to toxic levels. To provide red color to vermillion, red lead (Pb3O4) used in the powder has toxic effects on nervous, hematological, renal, and reproductive systems, which results in anemia, encephalopathy, kidney impairments and other nervous symptoms. 

A majority of Hindu people offer flowers and worship statues of gods and goddesses with red vermillion to appease deities. It is a common ritual in almost all Hindu temples of Nepal. However, the health, safety and potential toxicity of this commonly used vermillion to temple pigeons has not been explored yet. Despite having done little research on the toxicity of vermilion, its effect on temple pigeons has not been studied yet. 

A few reports  of temple pigeons falling ill and dying have been reported in some temples of Nepal such as Maisthan temple, Ilam, Barahakshetra Temple, Sunsari and Bhimeshwar  temple, Dolakha. Some local people and priests of temples have observed some pigeons falling ill and dying after consuming red vermillion mixed rice grains (Akshata) that is sprayed while worshiping gods and goddesses. 

Thus, it is important to explore the potential causes of death and identify an underlying specific cause. The practice of spraying mixed rice grains and red vermillion is common in the temples of Nepal, which increases the risk of metal toxicity such as mercury and lead. This spraying of mixed vermillion and rice grains on the temple contaminates the soil, drinking water, and surrounding air. This contamination may lead to health problems in temple pigeons from eating contaminated foodstuffs and contaminated drinking water. Furthermore, mercury and lead may accumulate on feathers and other vital body organs such as kidney, liver, spleen, brain and bone tissues. Apart from these temple pigeons, people who visit the temples are also at high risk of heavy metal poisoning due to the inhalation of dust particles contaminated with heavy metals. 

Thus, it is high time to explore what percentage of pigeons that consume Akshata died of either mercury or lead poisoning or if it is just a correlation between Akshata feeding and pigeon mortality. It has been observed that a low level of mercury and lead does not cause instant deaths; however, continuous accumulation of these compounds in the body leads to serious health issues associated with damage to the brain, liver, lungs, kidneys and ultimately death. 

This concern of ill health and mortality of pigeons and public health consequences of such heavy metals is a grave concern. 

The current practices of using red vermillion while worshiping gods and goddesses need reconsideration and we need changes in cultural practices to promote animal and human health. This change in cultural practices needs an innovative transformative approach involving the question of why to change, how to change, and change to other less toxic alternatives to red vermillion.The government of Nepal has an opportunity to change its cultural attitude. For this, awareness programs may be developed targeting religious groups and religious leaders, who can effectively impart that knowledge and awareness to the general public. 

The author is a veterinary officer at the Department of Livestock Services

On Feb 10, Russia observes a professional holiday—Diplomatic Worker’s Day. This date in 1549 marks the earliest documented mention of the Posolsky Prikaz (Ambassadorial Office) which became the prototype of the modern Ministry of Foreign Affairs of the Russian Federation.

Russia due to its unique geographical location has always had a proactive foreign policy often being at the center of major political processes both in Europe and Asia.

Suffice it to mention that it was the Soviet Union that defeated Nazi Germany in the Second World War and paid the ultimate price for the Victory – over 30 million of Soviet citizens killed in battles with Nazi Germans across the USSR, during liberation operations in Eastern Europe and in Germany itself. No country in the world could ever pretend it contributed as much to the Nazis’ defeat. 

Today just like a century ago Russia is fighting Nazism often referred to as “the brown plague”, only this time—in the neighboring Ukraine. After the coup d’état instigated in Kiev by the West in 2014, the new Ukrainian authorities under the guidance of their Western sponsors started, against its own Constitution, to ban the Russian language, spoken by the population of the Eastern part of the-then Ukraine as mother tongue.

They denied their children education in Russian and in the end launched a military campaign against their own citizens who did not accept the neo-Nazi policies of Zelensky regime.  After eight years of daily shelling by the Ukrainian armed forces of civilians in the Donbass region and negotiations clearly undermined by the Ukrainian side, Russia was left with no choice but to force the Kiev regime to stop terrorizing the population of Donetsk and Luhansk Regions – recognizing their independence, accepting their petition to join the Russian Federation and commencing the special military operation aimed at defending the population of Donbass, demilitarization and denazification of Ukraine as well as ensuring Russia’s security.

The collective West, of course, did not like that move as it aspired to make the territory of Ukraine a platform for possible future operations against Russia de facto bringing the world to the brink of a III World War. As Russian Foreign Minister Sergey Lavrov said, even today we are facing “a total hybrid war”.

“The collective West has prepared for a new crusade in the East. This time, it is using Ukrainian neo-Nazis, the successors of Stepan Bandera and Roman Shukhevich, as their advance party. The collective West, namely Americans, the EU and NATO (that the US has completely subdued) are no longer concealing their goals. They want not only to defeat us strategically on the battlefield but also to wreck the Russian economy, and weaken or even destroy Russia’s centuries-long statehood. These are not figures of speech but the goals set by Western strategists. They are talking about them on the record”.

Let us be clear on this topic. History shows that the West sees the world as its backyard where it goes for natural and human resources. First, it was the colonization of peoples in Africa, Asia and Latin America. Then, after these countries gained independence (often with the help of the Soviet Union), the collective West in order to control their ex-colonies created the Bretton-Woods system that benefits only the developed countries who impose their policies on the developing nations who want to receive funding from international financial institutions. And after the collapse of the Soviet Union, Western countries did not even care about the international law and violated it by waging wars in Yugoslavia and Iraq. 

That is to say, Russia being the biggest country of the world, rich in natural resources, able to conduct its own foreign policy has always been perceived by the West as a threat to their dominance.

In our view, this is one of the main reasons why the US, the EU and their allies do everything in their power to try to weaken Russia by creating chaos on its borders, nurturing the neo-Nazi regime in Kiev, supplying it with arms and putting an unimaginable amount of pressure on developing countries around the world to make them support the criminal Kiev regime that was exterminating its own citizens from 2014 until 2022 in Donbass. 

Fortunately, a lot of our foreign partners realize all of this and stick to their own vision of the processes taking place around the world. As President Putin put it, Russia managed not only to thwart the plans of the collective West to isolate the country, but also to step up cooperation with the majority of members of the international community in Eurasia, the Middle East, the Asia-Pacific, Africa and Latin America. 

As before, Russia considers its absolute priorities to be protecting the lawful rights of Russian citizens and supporting compatriots abroad, waging an uncompromising struggle against neo-Nazism and ethnic discrimination in all its forms. As for Russian diplomacy, it will continue supporting the trend towards the formation of a multipolar, truly democratic world order based on equality of states (regardless of their size and form of rule), mutual respect and observance of the generally recognized norms of international law.

The author is Minister Counsellor, DCM, Embassy of Russia in Nepal