Article Published in ‘JURIST’

Nepal in transition: abolishing the monarchy
Santosh Giri [advocate/human rights lawyer, Supreme Court of Nepal]: “The abolition of Nepal’s nearly 240-year-old monarchy and declaration of Nepal as a “federal, democratic, republican state” was made by an overwhelming majority in the interim parliament late last month. 270 members in the 329-member House of Representatives voted on December 27, 2007 in favor of ending the monarchy (3 pro-monarchists cast against the motion while the rest abstained). However, Nepal will become a republic only after the first meeting of the Constituent Assembly, which is due to be elected by mid-April next year. The decision also serves to put the peace process back on track and paves the way for elections notwithstanding the fact that elections have been postponed three times since June 2006. Constituent Assembly seats has been increased from 497 to 601, of which 335 (58%) will be elected on the basis of proportional representation, with 240 to be directly elected and 26 to be nominated by the country’s cabinet.

To read more, visit: http://jurist.law.pitt.edu/hotline/2008/01/nepal-in-transition-abolishing-240-year.php

Filed under: A Lawless Scoiety, Failed Leaders, Gyanendra, Human Rights, Laws, Legal Development, Maoist's Terror, Mediation/Arbitration, Social Engineering, Young Lawyers, कानून नेपाल

The Game!

Come lets play a game!

The game: HIT THE POT!

The pot is still there, it has been there for years and will still remain there…..

The hitters were different, the hitters are different and the hitters will be different…..

Still….

the rule remains the same…..

"who can hit the pot…blindfolded……?"

**************************************

The 'power' pot of Nepal has always been there, unchallanged and sovereign

The hitters have been the kings, the leaders, the rulers and the beaureacrats

They all follow the same rule…….

Until it is theri turn to 'hit the pot' , they shout, cheer, oppose and swear……with their open eyes…

And…..

As soon as their turn comes, they become blindfolded again….

and start trying to hit the pot……..

swinging their club in all directions…

without any aim, without ambition , without any sense…

Blindfolded…….

Yet,

There in the outer circle evry time this game has been played…..

seated are millions of spectators…..the people of Nepal……

We The Nepalese……

Entertainment is all we want……the entertainment of 'hit the pot game…'

We enjoy the game everytime like never before

and……

cheer, swear, kill, murder, sweat, cry, shout and dance….like animals

but…

never in our mind have we thought

Of playing the game by ourselves…..

not blindfolded

But…with our open eyes….

then….getting hold of the swinging pot….not breaking it

and…..pouring the fruits inside and to divide equally among all of us….

yes..the fruit of absolute democracy….the fruit of patience

Lets play the game now….before it is too late

Filed under: Failed Leaders, Gyanendra, Human Rights, Laws, Legal Development, Partycracy, Social Engineering

The need for truce

Amidst present chaos and ongoing agitation, theres nothing as important as peace, truce, talks and a broad consenses among all including the king, parties, maoists and above all the supreme people of the himalayan kingdom of Nepal.

All these years, the people were neglected by the king, by the parties and of course by the maoists 'the so called peoples war'. People, the Nepalese were dominated, supressed, exploited and exploited at every point of our history.

take for instance the divide and rule theory of king jayasthiti malla in ancient nepal who adopted the caste system from india and forced it on the nepali society. Ever since, we can definetely say, people were exploited by the state. Then comes the unification of nepal phase where, the people were once again disregarded in the course of national integrity. The principalities were adjoined to forma  new nation but the ongoing tradition of difference between different state's cultural practices were abruptly dropped. people were forced to follow the 'one' religion of hinduism.

Likewise the 104 years of Rana regime is the worst phase in the history of Nepalese people exploitation. People were treated as 'things' and slavery fostered . Education for normal people was considered as a crime and even severely punished.

the 1950 movement of democracy was a matter of india's interest alongside some leaders of some leading parties already exiled in india. Even the king had been exiled by then. The people who had been following a 'slavery' life were not in a place o deciede for themselves. Education, literacy and awareness was the at the least . A handful of leaders, expressed their views as the people's view and stared a 10 year unsuccessful rule of democracy which was indeed a 'partycracy'.

The failure of partycracy resulted in yet another opperessing regime of the then king mahendra. people, by now were denied straightaway from fundamental human rights. Life standard of normal people was degrading everyday. the gap between the poor and the rich was widening every day in the veil of beaureacratic corruption protected by the state.

The 1990 movement was finally declared as a full democracy by again a handfull leaders. Within years, corruption by these parties crossed limites. The ill political practice of Bihar and uttar pradesh of India was adopted and ratified by our leaders, reasulting in failure of elected popular will four times in a matter of ten years. Dissolution of parliament and mid-term election had become a regular threat and a last resort whenever a party's leadership government was at stake. During this time, leaders and parliamentarians were even bargained as poultry animals in order to pass a vote of non-confidence against a ruling party. people, at this time, were never subject to a primary concern.

this led finally to a failure of he parliamentary system as the maoists waged war against the uling party. it must be noted that the 'people's war' was targetted against the ruling party and not the then king! In 2002 when the parliament was dissolved, this led to series of hide and seek between different parties in terms of heading the government.

Filed under: Failed Leaders, Gyanendra, Human Rights, Laws, Legal Development, Maoist's Terror, Partycracy

Let us work too!

Let us work too! Let us be a part of your fate! Let us rebuild and contribute! Katrina is not only a disaster but also an opportunity to build a safer tomorrow for our descendants. Lt us take her as a lesson. The law of the nature is untamable and cannot be judged lightly. Apart from any other man made laws and our schools of jurisprudence, the natural law or the divine law has been the most powerful. Tsunami has already taught us a lesson and without mercy Mother Nature has stricken again. It is awful to know that Katrina is the costliest natural disaster in the United States followed by the last year’s six floods, the 90’s flood and the global terror of 9/11.

A day without Mexico may have expressed the sentiments in some way to those who are really concerned. They say the issue of immigrants, regardless of their status, to be legalized is gone now! What is wrong with allowing us pay you tax as every one does here? It is possible that there are possibilities of terrorism as in the London bombing but hate crime is not the right answer for us. All of us are here because of a reason

Have been terrorized in our homes

We all have an absolute reason otherwise there is no point seeking your protection. Is it wrong to dream of your life standard? We have a past which we cannot change but we do want to be a part of your today to make our tomorrow as better as yours. We all are just but long staying tourist, bound to go back tour origin after serving you. It represents the modern slavery in which you are the vital part of the society but treated differently.

Filed under: A Lawless Scoiety, Gyanendra, Legal Development, Mediation/Arbitration, Shameful Laws, Uncategorized

Marriages

I had a love marriage, a 4 year affair turned to amarriage and i am waiting eagerly for my 5th anneversary on this April 1st. I have my own story and will surely share it with full compassion in a few days. The truth, the whole truth and nothing but truth.

My cousin, with whom i have been spending these weekends nowadays, is fired with the marriage bullet every now and then by his parents and his relatives, friends, well wishers and he sometimes gets pissed off! I recall him commenting on marriage once last month, “yestai ho bhane ma keta lai bihe gardinchhu…”; and yet another ” ma ta bihe garna jahile pani tayar nai thiye, jahile pani tayar chhu, gardina bhaneko hoina ni, garchhu….tara….mero lagi kasto keti khojne ho bhanera bujhna ko lagi pahile malai ramrari bujheko hunu paryo tapai haru le…….”

A friend of ours H and his girl friend K, both of whom were our closest pals in college days (along with M & K) got married two months ago finally. The irony is that we always suspected this thing would work out between them, given their quarrels, threats, unacceptance from home of each other and several failed attempts of relationship break-ups! But they did any way and i hope they have begun living happily form that day after…

M & K; M the guy was the first in our group to fall over K the gurl; its been 8 years of sheer love affair between them and finally, they compromised (somehow) to be seperate. K the gurl is seperate and the guy sent an email to me yesterday saying that he is finally getting married! With someone else….of course….. and he seemed damn happy. Good for him. With all these years of Masters in Love he can outrun any relationship issues in future, i am dead sure! Good luck for K the gurl. Go for a PHd Gurl!!!

A, the hiphop downtown Kathmandu guy, a lover cassanova; left for abroad study years back (9 years) ended up there in some serious relationship trips , wandered here and there, loved the ‘dust’ instead of people and ended up screwed up in the generation of flowers. Last time he told me that he was marrying a carribian girl and one month later his parents had to bring him back to Nepal, given unforseen reason. What his past explains is not of prime concern to me here. What is important is that, one month and some days in Nepal….and he married an educated professional woman and is enjoying his life. He seems to be more focussed, serious, clean and result orientred now given the fact that he has immense responsibilities to keep up the marriage alive and glowing and to live happily ever after.

A couple more and I am done: I am not bitchin’ around here…just trying to understand the different phenomenon of marriages….. and help them undrestand better who plan to marry ……..

J, dude from KTM , landed up in East Coast, stayed here for 8 yrs as a student, got married last year with a Nepalese gurl there. A couple of months of sheer excitement of a new marriage…..moving from a studio to a 1 bedroom in a suburb from a thin neighbourhood. Ended up with DUI, possession and an e-crime of ‘possible’ sexual harrassment of a minor; forceibly returned (deported!). Lives a happy life now and hates George Bush!!!

R, postgraduate, ended up being here, just because his girlfriend came year a month earlier. Crossed the seven seas to get married and now faces challange to keep up with his decision given the fact that her parents are not willing to approve. The marriage is still kept a secret! But they are married anyway! The gurl lives in east coast and the dude in the west…

B, been here for  4 years. Ended up here after a long serious relationship with a blonde. stayed together for a couple of months, didn’t work and split as good friends. Dont know about the lady but our guy is desperate….haunted by the fear of marriage and the need to marry together. Last time he called his family back home, he had to debate on theissue of ‘marriage’ over the phone at 2 a.m. in the morning!!! See what marriage can do to the singles!

Hey, doc…..you seem to be happy about this that nothin has been written about you! Hold on….Next time I get a chance…..I am going to…..

Ok guys….back to work……mind on work……

Filed under: Gyanendra, Mediation/Arbitration, Shameful Laws, कानून नेपाल