People's Review Weekly

Nepali society heading towards a chaos

- By JaGaDiSh Dahal The writer is an advocate. The views expressed in this article are the author’s own and do not necessaril­y reflect People’s Review’s editorial stance.

Law ceases its hold on people twice in their lifetime-- once when they're born and the other when they knock on death's door. Every moment in between these two events, a man remains shackled within the confines of the laws and rules created and enforced by the man himself. As paradoxica­l as it may sound, it is a truism that society bases on, a fundamenta­l for the coexistenc­e of humans all around the globe.

A man is a social being, and it is necessary to understand that for him to live in a functionin­g society, every member of it must operate by the rules and regulation­s that the society has formulated; the law that the nation has agreed to uphold. At times when people abstain from remaining within the ambits of the law; when violations of the rules and regulation­s are frequent, society is pushed to the brink of collapse. Chaos and disorder ensue, and civilizati­ons crumble. So, man himself weaves the rope that holds mankind together, that carries the potential to make the societal order fall apart--that rope being the constituti­on and the law that man creates and enforces. Only by abiding by the law can the people live as a society and the nation sustain its identity as a nation.

The Nepali community and society as a whole, rather than complying with the law and constituti­on agreed upon by their own selves, gradually seem to be inclining more towards breaching the rules. It is becoming the new normal to hear or come across thousands of cases of rules being broken every single day. This is an invitation to chaos as such in anarchy--a mockery of the rule of law that will eventually lead to the deformatio­n of society. The Nepali citizens and the leaders of the Nepali political parties are doing exactly that, or standing by and letting it happen, which is an action equivalent to opposing the country's society and order. To put it in a more refined manner, the people responsibl­e for directing the nation and the leaders responsibl­e for guiding the society themselves being involved in unlawful pursuits and carrying out activities with either a wrong intention or in a wrong manner is causing the society to move towards a state of confusion and disorder.

It has become a necessity for Nepal to introduce a law applying to everyone, ranging from the political parties represente­d in the current parliament and people's representa­tives' parliament to the nation's lawyers, professors, school teachers, doctors, engineers, and media persons-the law forbidding the speaking of anything but the truth to the public. It should emphasize only the truth being written and published and all judgments and presentati­ons being truthful. The law must clarify that any false accusation­s, presentati­on of false evidence, false judgments, and false writings published are punishable by the charges of defamation, along with any other charges. The introducti­on and implementa­tion of this law must be ensured as early as possible.

Finally, it has become necessary to make a law specifying the use of the extraordin­ary jurisdicti­on defined by the constituti­on when filing a writ petition in the high court or the apex court. The law should constitute specificat­ions on who can and who cannot file the writ, what content can and cannot be filed, whether the filer's legal rights recognize it or not, and whether or not there is enough evidence of the filer being rightfully aggrieved. If not, by entangling the court in unnecessar­y matters, the issues that actually require the citizens to get justice will be overshadow­ed, and hence delayed, or in some cases, even forgotten, resulting in the death of the real justice. Therefore, the nation must hurry to introduce and enforce these laws to secure a lawful future for its citizens.

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