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Rule of law is a basic tenet of democracy. If a nation has a robust rule of law, it will essentially have a strong and durable democracy. But what is the rule of law and how can it be meaningful? The first element of rule of law deals with the process of lawmaking—which ought to be transparent and participatory. According to the Constitution of Nepal 2015, all three tiers of the state—the federal, province and the local level—are entitled to make their own laws within their constitutionally and legally-defined limits. 

Presently, there are 334 members in the two Houses of the Federal Parliament; 550 members in assemblies of seven provinces; and over 20,000 elected representatives in legislative bodies of 753 local levels in the country. All of them are called lawmakers. 

With the promulgation of a new constitution in 2015 that transformed the country from unitary Hindu monarchy into a federal secular republic, there is a huge need to frame hundreds of laws to replace the old system. Despite the completion of two rounds of general, provincial and local elections, the task of lawmaking is yet to complete. Numerous essential laws on federal governance, police system in provinces, civil service system in provinces, education, health have not been formulated yet. 

From federal to province to local level, each tier has faced unique challenges in lawmaking. Take for instance the recently concluded session of the federal parliament—the MPs themselves have lamented that only one single law was passed during the entire session spanning months. 

In practice, Nepal also faces a unique problem of lawmaking being dominated by a handful of senior leaders of major parties. The MPs or even committees always look up to them to pass any law. They also block any legislation that is against their vested interests. Prime Minister, the leader of the opposition and president of the Nepali Congress rarely take part in committee discussions or House meetings. They do not even attend the House for more than 10 days in the entire session. 

Provincial assemblies have always complained that they lack facilitating federal laws that can allow them to frame their provincial laws in areas like provincial civil service, which are of urgent necessity. Local levels have been found to engage in lawmaking that is either outright copying of model laws distributed by the federal government—without incorporation of local context and circumstances—or haphazard drafting without concerns for due process and content. Many laws originating in provincial assemblies and local level have also been challenged for violating the limits and jurisdictions as laid down by the Schedules of the Constitution. 

That apart, the prevalent practice is to enact laws without peoples’ participation. Government bodies draft a law to their liking and push it through the parliament with minimal involvement of stakeholders. As such, they are not structured in a way that people can comprehend them. They usually fail to reflect the peoples’ aspirations and expectations. 

The second element of the robust rule of law is concerned with the state of implementation of laws. People must know about the laws of the land and abide by them, but there is no systematic procedure to sensitize the people about the laws and provisions introduced. This is the first barrier to the implementation of the laws. 

In fact, even the lawmakers do not know what they have enacted into laws, though they expect everyone to abide by the laws. Clearly, the laws do not get implemented automatically. Processes, programs, resources, management and a favorable environment are required for their implementation. 

Capacities, willingness, monitoring and enforcement are all necessary to make that happen. Most importantly, there has to be a realization of how much ownership is felt by the stakeholders, including those who are supposed to abide by them. 

Some of the critical issues in any rule of law system are to find out whether the people feel benefits of abiding by laws, or whether they feel the burden of abiding by the laws and consider it as imposition of exploitative measures. 

The third and final element of the robust rule of law deals with the institutions that are responsible for upholding laws, and ensuring a system of checks and balances. This involves the geographic distributions of the legal institutions that will have to, first and foremost, ensure the access to law and justice for the ordinary people. 

The people must have easy, economical and intimidation-free access to the institutions of law, including the administration and courts. They must be able to get justice on a predictable timeline. They must also be able to feel that justice is being delivered equally—irrespective of caste, gender, region, economic status or political clout. 

Rule of law institutions must be strong enough to serve their purpose. Matters like trustworthiness in terms of their competence, impartiality, independence, accountability and legitimacy are of utmost importance. This will also determine whether their 

decisions are easily accepted and implemented.  

This will demand a change in all three elements mentioned above. In lawmaking, there is a need to expeditiously formulate essential laws, particularly in areas listed under the concurrent list of the constitutional schedule such as policing, civil service, education and health. 

The Rule of Procedure of the parliament should explicitly state that all MPs must attend at least 50 percent of the House meetings or face disciplinary action. The bills tabled in the parliament must be settled—passed or rejected—within a certain timeline within the session. 

There is a need to ensure participation in lawmaking for public ownership before implementing laws. Town hall meetings or mobile meetings of parliamentary committees at province and local levels can be held with help from civil society organizations to pre-inform the people about the laws. The authorities also need to be accountable to ensure proper implementation of laws. 

In the institutional development aspect, there is a need to first ensure timely and full appointment of judges and court officials. They need to be held accountable to ensure economical, easy, timely and equal access to law and justice for the people. 

The judiciary also must settle cases on stipulated time and if any case is made to linger, there has to be accountability on the part of the courts. For example, a case against appointments in constitutional bodies has been lingering for three years without any justification. 

On the part of the people, they need to be empowered so that they can also rise and demand a robust rule of law in all spheres of their lives. Combined efforts of the executive, the legislature, the judiciary and the people will ensure a robust rule of law that is transparent and participatory.

The author is Executive Director of Nepal Law Society

The political philosophies and economic ramifications of communism have long been the focus of intense discussion and analysis. But another equally important, though occasionally disregarded, aspect is the influence of communism on education. It raises the question: Does implementing communist ideas in education actually promote liberation, or is it just propaganda?

Historical perspective

The socioeconomic disparities brought about by the industrial revolution gave rise to communism as an ideology. Proposing the elimination of private property, class divisions, and the creation of a classless society, communism aimed to construct a system in which resources and wealth were shared among all. The relationship between communism and education has a long history, as seen by the emphasis placed by prominent communist leaders like Karl Marx on the importance of education in forming social consciousness.

Marx claimed that in a communist society, education ought to be a means of emancipation, enabling people to engage in critical thought and actively contribute to the collective's future developments. Early 20th-century communist groups, particularly those in the Soviet Union and China, instituted educational reforms with the goal of ending illiteracy and giving everyone access to equal educational possibilities.

The potential liberation in education

The notion that all people should have access to high-quality education, regardless of their socioeconomic status, is one of the core principles of communism. Theoretically, a communist educational system would eradicate differences in access to education and promote a society in which a person’s potential is unrestricted by their financial or social status.

Furthermore, communism emphasizes the growth of a communal consciousness and critical thinking. The goal of a communist educational system would be to develop people who actively participate in society politics, question established norms, and confront injustices. In this way, education turns into a liberating tool that breaks down the barriers of conventional hierarchies and motivates people to work for the welfare of society.

Communist educational systems frequently place a high priority on vocational training with the goal of supplying people with useful skills that advance the welfare of the group as a whole. By bridging the knowledge gap between theory and practice, this method aims to equip people to actively engage in a society where everyone is involved in both production and government.

Country’s like the Soviet Union (Former Russia), Cuba and China have practiced communism and education with their own way and needs as Karl Marx and Friedrich Engels mentioned in ‘The Communist Manifesto.’

The Soviet Union, which offers a striking historical example of the blending of communism and education, engaged in the practice of propaganda and indoctrination from the 1920s to the 1980s. During this time, the education system was transformed into a potent weapon for advancing the communist ideology. Under Vladimir Lenin’s direction, the Soviet Union’s early years saw drastic changes to education aimed at producing a ‘New Soviet Man’ who personified communist principles.

Marxist-Leninist ideas, which emphasized the benefits of collectivism, class conflict, and communism’s ultimate victory, had a strong influence on the curriculum. Even as the percentage of literacy increased dramatically, political indoctrination found its way into the school system. Pupils were taught a rewritten history that frequently ignored opposing viewpoints and exalted the accomplishments of the Communist Party.

Likewise, opposing opinions were silenced, and teachers were under pressure to follow party lines. Instead of encouraging critical thought, the educational system started to inculcate state loyalty. This is a prime example of how communism in education changed from being a liberating force to a propagandist and ideological conformity weapon.

Has a balance seems to be achieved in Cuba from the 1960s until now? Cuba offers a more complex illustration of the relationship between communism and education than the Soviet Union did. In an effort to end illiteracy and establish a more egalitarian society, Fidel Castro's government carried out extensive educational reforms after the Cuban Revolution of 1959.

High rates of literacy and universal access to school are two major accomplishments of Cuba's educational system. Marxist ideas are incorporated into the curriculum, but civic education and critical thinking are also prioritized. In order to promote a balance between society norms and individual freedoms, students are encouraged to challenge authority and participate in conversations concerning societal issues.

China’s experience with communism has evolved significantly from the 1950s to the present, especially in the post-Mao era. Under Mao Zedong’s leadership, political dogma dominated the curriculum and education was strictly regulated. Intellectual freedom was suppressed and school closures resulted from the Cultural Revolution’s increased use of ideological indoctrination.

China’s educational scene has seen significant changes since Mao. A change in priority was brought about by Deng Xiaoping’s economic reforms in the late 20th century, which placed more emphasis on technology developments and skill development. Although the Communist Party still maintains a large amount of influence, there has been a steady openness to other ideas and a diversification of the curriculum.

Strong rivalry and social pressure are two issues that the Chinese education system is currently facing. Critics claim that the focus on memorization and exam-focused education hinders critical thinking and creativity. The constant battle to find a balance between emancipation and conformity within the educational framework is highlighted by the conflict between conventional communist beliefs and the demands of a quickly changing global economy.

Concerns and criticisms

Communist ideas have been heavily criticized in education, notwithstanding any possible advantages. The possibility of indoctrination and the repression of personal freedom are two main causes for concern. Critics contend that a communist educational system may suppress dissent and restrict students’ intellectual growth by placing a higher priority on ideological conformity than intellectual diversity.

Communist educational programs have historically been implemented, especially in nations like China and the Soviet Union, which is the subject of another critique. Critics cite examples where education was used as a vehicle for political indoctrination, producing a narrative that suited the ruling party’s objectives instead of encouraging serious intellectual inquiry.

Also, it is imperative to acknowledge the pragmatic obstacles associated with the extensive establishment of a communist school system. The distribution of resources, the function of educators, and striking a balance between the rights of the individual and the interests of the group are all difficult issues that require serious thought.

Emphasizing the significance of striking a balance between communal values and individual liberties is essential to addressing the issues surrounding communism in education. In addition to upholding a dedication to social fairness and equality, a successful communist educational system should work to foster critical thinking, intellectual variety, and a sincere desire for knowledge.

Transparency and inclusion are also crucial for developing a communist educational system that stays clear of propaganda’s traps. Instead of just encouraging pupils to follow a predetermined ideology, an educational atmosphere that fosters autonomous and critical thinking can be established via open conversation, respect for differing viewpoints, and a dedication to intellectual freedom.

In conclusion, there are legitimate issues as well as the possible advantages of communism in education. It’s a complicated and varied relationship. Even while communism aims to eliminate socioeconomic inequality, its application in education must be carefully considered to avoid the traps of ideological indoctrination and propaganda.

In a time when education is significant in determining how societies will develop in the future, it is important to investigate how communist ideas may support people’s liberation while upholding the ideals of diversity and intellectual freedom. Realizing the potential advantages of a communist educational system requires striking a balance between individual liberties and social values without compromising the values of critical thinking and intellectual inquiry.

The author is a law student at the Kathmandu School of Law

Tihar is here. Diwali, Dipawali, or Tihar—this is the festival of fruits and sweets. Dashain was for meat lovers, but Tihar is turning into a purely vegetarian festival. And whenever we discuss celebrating Tihar in the Nepali community, people often ask, “Where are the Nepali mithais (sweets)?”

What are Nepali mithais? Is selroti actually a sweet item? Can we use it as a dessert? Personally, I don’t think selroti is a mithai. It’s a unique Nepali item, a celebration of Nepaliness. This is my opinion. You might feel differently. But the question remains, what are Nepali sweets?

I can provide a list of mouth-watering sweets available in the Nepali market: jeri, swari, halwa, lakhamari, lalmohan, anarasa, pustakari, gudpak, rasbari, laddu, barfi, peda, dudhbari, rasmalai, khoya badam, and rajbhog. And this is, by no means, an exhaustive list either.

Jeri, swari, halwa, lakhamari, anarasa, and lalmohan were the traditional Nepali sweets that used to be served by middle-class families to the Royal Palace of Kathmandu. However, the popularity of these traditional sweets has declined, and new kinds of sweets have taken over. You can find every sweet, from Indian to Turkish, in the luxury market of Kathmandu Valley, but do they carry the spirit of our festival?

Nepali Mithai is the delectable sweet treat that graces the tables of Nepali households. These desserts, deeply rooted in the country’s cultural and geographical diversity, offer a unique and delightful experience for your taste buds. Nepali Mithai comes in a variety of forms, each with its regional influences and distinct ingredients. These sweet delights are a true testament to the rich tapestry of Nepal’s culinary heritage.

Most Nepalis think that Nepali sweets are slowly losing their appeal, thanks to the infiltration of all the Indian sweets in the market. But I don’t believe in the geographical boundaries of culinary art. The food we now enjoy has likely reached our culture after traveling a long journey. For example, Anarasa, the most popular traditional Nepali sweet of the Tihar festival, has Indian roots. In India, it’s called anarsa or hilsa and is a rice-based biscuit. It’s also commonly associated with the Hindu festival of Diwali in Maharashtra and Bihar. Its ingredients include jaggery, rice, poppy seed, and ghee in India.

Then, if you claim that traditional Nepali sweets are dying, then what have you done to preserve them? The majority of Nepalis (including the Nepali diaspora) love to blame others for doing nothing, especially the government of Nepal and political parties. But if you want to preserve your culture, you have to do it. Miss Nepal 2019 Anushka Shrestha is doing her bit to preserve and popularize Nepali sweets through her brand Makkusé. Makkusé is redefining Nepali desserts by producing a selection of pustakari, gudpak, and cookies.

But now, let’s get back to the Tihar festival. Your favorite traditional sweet could be the anarasa or lakhamari or the versatile peda but mine is simple kurauni and kheer. One of the most beloved and universal Nepali sweets is kurauni. This sweet, condensed milk delight embodies the essence of Nepali childhood. It’s made by simmering milk until it reduces and thickens, resulting in a creamy, sweet concoction. The slow reduction process creates a unique depth of flavor, and it’s often garnished with crushed nuts and spices for an extra layer of richness. Kurauni is not just a dessert. It’s a trip down memory lane, a taste of innocence, and a reminder of the simplicity of life in Nepal.

Kheer, which is rice pudding, is another timeless Nepali dessert. It’s simple, yet it never fails to delight. A creamy mixture of rice, milk, and sugar, kheer is seasoned with cardamom and garnished with dried fruits and nuts. This dish embodies the essence of comfort food and is often prepared on special occasions and festivals, bringing families together over its sweet and heartwarming flavors.

Nepali mithai isn’t limited to these classics. The diversity of Nepal’s landscapes has given rise to a plethora of regional delicacies. The northern regions, influenced by Tibet, often feature rice flour and wheat flour-based sweets. These include the delicious khudo, a treat made from sugarcane molasses, and various Tibetan-inspired dumplings, which are both hearty and sweet.

In the Madhes region of Nepal, the sweets draw inspiration from neighboring India, featuring sugary, milk-based delights like sandesh (kalakanda), rasgulla, and gulab jamun. These treats are a testament to the cultural exchange that occurs across Nepal’s borders.

One of the most intriguing aspects of Nepali mithai is their natural, chemical-free preparation. The desserts have traditionally been made without the use of preservatives or additives. Instead, they rely on natural ingredients such as ghee (clarified butter), milk, and locally sourced flavors. This makes them delicious and a healthier option in a world inundated with processed sweets.

It’s essential to bring Nepali Mithai into the limelight. These delectable treats deserve recognition for their unique flavors, cultural significance, and the love and care that goes into making them. Let’s celebrate the sweetness of Nepal, share these delightful treats with the world, and ensure that the tradition of Nepali mithai continues to flourish. Let’s savor these natural, clean, and rich sweets that are a testament to the beauty of the Himalayan nation’s culinary heritage.

The author is a London-based Nepali R&D chef

Deepawali, which literally means ‘the row of lamps’ is celebrated as the festival of lights in the month of October or November (Asoj or Kartik), about a fortnight after Dashain. This festival is also called Tihar, which lasts for five consecutive days and is observed in honor of Laxmi, the goddess of wealth and good luck. It is the most friendly festival observed throughout Nepal and also India. Laxmi, the goddess of prosperity and good fortune is invited into every home. People enjoy five days of feasting and family gatherings. It also heralds the advent of autumn in Nepal. Natural scenery is very pleasant during this time of the year. 

The aroma of Deepawali pervades the atmosphere several days before the actual festival begins. During Deepawali, traditional lamps are lit with twisted cotton wicks (Batti) saturated with pure ghee or mustard oil in a small earthen bowl called Diya. So it is also called Diyabati. It is usually solemnized in the last week of October or the first week of November on the occasion of Amabasya or Aunsi (full dark night of Kartik) according to the Nepali lunar calendar. In this period, the sky is starry but the moon is missing in the milky sky throughout the whole night. A gentle, genial and warm weather continues and purifies the mind of the Nepali people during this festival. This festivity reflects true rejoicing and jubilation of the masses.

Laxmi Puja is observed on the auspicious occasion of Deepawali. This is the third day of Tihar when the sacred cow is worshiped with great honor. Hindus worship and regard the cow as their holy mother. So people worship the cow in the morning with garlands of flowers and apply red tika on her forehead. Thus the Hindus pay their tribute to the mother cow. The ceremony is solemnized with reverence in the morning hour of Deepawali. This tradition was initiated by the people of Ayodhya  to express their boundless joy when Lord Rama returned after 14 years’ exile. This is illustrated in the Ramayan.

A few days before Tihar, preparations are in full swing for cleaning and whitewashing to add a new look to houses and buildings. During this festival, houses, shops, offices, factories and mills are brightly decorated with lights. They are also illuminated with electric bulbs and traditional lamps. It is a time of lights and decorations. This type of illumination is done for five consecutive days, beginning from the first day of Tihar. But special light arrangements are done on the day of Laxmi Puja. Oil-fed traditional lamps light courtyards, doorways, roof-tops, verandahs and windows. All streets and roads are full of flags and beautiful banners. People stroll around in new clothes and buy sweets and gifts. 

After the illumination in the evening, the main part of Laxmi Puja is performed at night. An illuminated and well-decorated house is believed to draw the goddess of prosperity. This also makes for easy entrance of Laxmi to every house. It is believed that the goddess of wealth is ritually invited to enter the house and offer blessing to its occupants. For this purpose, a ritualistic drawing is made of purified cow-dung plaster to guide Laxmi through the main door. From the drawing, a trail of plaster of rice and red vermillion leads into the house and the room where Laxmi is worshiped with utmost devotion and dedication. 

A beautifully decorated image of Goddess Laxmi is placed before the family treasure box or safe, which contains hard cash, jewels and jewelleries, valuable documents, ornaments and cheque books. Prayers are offered, believing that the fortunes will grow.

Throughout the whole night the earthen lamps filled with ghee or pure mustard oil, are kept burning at the place where the goddess of wealth is worshiped. To please this prosperous and generous goddess of good luck all the doors and windows of the house are decorated attractively. Nobody wants to miss this golden opportunity. Thus there is competition in the worship of the wealth goddess. Everybody tries his best to welcome and please the goddess of prosperity. She loves lights and sacred cowrie shells. Children love to play with fireworks during Tihar, especially during Laxmi Puja. However, as free crackers could be dangerous and harmful, they are banned in Nepal these days.

It is understood that being the wife of Lord Vishnu, Laxmi is the paragon of beauty, who sprang from the fathom of the sea when Gods and the Demons churned the sea together. There was a tug-of-war between Gods and Demons. At last, Lord Vishnu chose her as his life partner. She wears a crown of jewels and garlands of scented flowers. Her arms are bedecked with heavenly gems. She is herself considered a valuable treasure of the ocean. She holds a conch shell in one hand, blossomed lotus in the other, a sheaf of rice in the third one and a jar full of nectar in her fourth hand. She loves to rest on a fully-blown lotus with her husband Vishnu under the shadow (hood) of Sheshnag (mythological snake).

The Nepalis worship this benevolent goddess and offer gifts and sweets to please her. She is believed to travel around the earth on an owl, her vehicle, making house-to-house inspection to see whether it is clean or not. Being a lover of light, she also observes whether a light is left burning throughout the whole night in her honor or not. She thus visits every house. If pleased, she protects all the valuable things and grain-stores of each family and grants prosperity for the coming year. For this purpose, every house is decorated with red powder, flowers and festoons. She likes to visit only those houses, which are fully prepared and artistically decorated. 

All monetary transactions are forbidden on this auspicious occasion. The only exception is the giving of small coins and food (Selroti) to small groups of Bhailo singers. Groups of singers go door to door singing and dancing and asking for money. This is a time-honored tradition. Girls are supposed to ask for money on this solemn occasion. Boys’ turn comes the next day, which is called Deusi. 

Deepawali is also considered auspicious for gambling. Before 1940, gambling was legal in Nepal during the five days of Tihar. Nowadays, it is banned in public according to the law but people still gamble in their houses. Happy gamblers assemble at certain houses; sit on carpets shouting their bets, throwing the cowrie shells. In the ancient days, cowrie shells were considered a medium of exchange. It is believed that Laxmi loves gambling. 

The final day of Tihar is spent in friendly family gambling. 

Before 1940, during the five days of Tihar troupes of musicians used to go around the town announcing that games were now open to all. Gambling seems to receive semi religious sanction during Tihar in the belief that it is pleasing to Goddess Laxmi.

Newars of the Kathmandu valley perform Mha Puja on the first day of the bright lunar fortnight of Kartik. It is the worship of one’s body or self. It is believed that the human body is divine and the heavenly spirit dwells in it. The Puja is performed for purifying the heart and the soul for the coming New Year. The day also honors Yama, the lord of death. 

On the last day of Tihar called Bhai Tika, sisters worship their brothers, who bestow blessings and benediction upon their sisters for a long and prosperous conjugal life. Sisters also pray to God for their brothers' long life and wish them success in all walks of life.