Lesson
3.7 Culture of Peace
Peace is a situation or a period of time in which there is no war or violence in an
area or a country. If there is peace in a country or in the world, people live and work
together happily without disagreements. Peace is essential to the development of the
individual, the community, the nation and the whole world. Human beings cannot
live peacefully in a stressful, violent and chaotic environment. Peace doesn’t mean
just a situation of not having conflict or quarrel. It includes tolerance, disarmament,
sustainable economic and social development, democratic participation, gender
equality, freedom of expression, and respect for human rights.
Peace culture is not simply a matter of staying quiet or not engaging in or causing
conflict or tension. Culture means our thoughts, beliefs, customs, practices, and
behaviours. The essence of the culture of peace is to prevent violence in the first
place by addressing its roots. It holds the belief that rather than involving in violent
conflicts after they have erupted and then engaging in post-conflict peacebuilding,
it is more civilised and more efficient to prevent such violence by finding its root
cause and solving it.
According to the United Nations, “Culture of Peace” is a “set of values, attitudes, modes of
behaviour and ways of life that reject violence and prevent conflicts by tackling their root
causes to solve problems through dialogue and negotiation among individuals, groups and
nations.”
Culture of peace is an approach to building peace and resolving conflicts. It
minimises misunderstandings of family, community, societies and the world as
a whole. It is a system that constantly builds up the shared affection, loyalty and
solidarity of everyone. It controls violence, conflict and stress in society through
discussion and consensus. Children learn the value of peace as a part of their
culture right from their childhood. They try to find the root cause of violence and
solve it if they are taught the culture of peace. Ultimately, it helps in the formation
of a peaceful and civilised society.
Need of Culture of Peace
Peace promotes creativity, construction, unity, fraternity, cooperation, love and
overall progress, while conflict brings destruction and fragmentation. Conflict
also destroys human relationship and generates hatred. The ultimate objective of
every human life is to achieve pleasure. A person cannot live a pleasing life only
with economic prosperity and material wellbeing. They aren’t also possible in an
environment full of conflicts. An individual can live a pleasant and prosperous life
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only if she or he can enjoy her or his fundamental
rights and freedom in a fearless environment.
The establishment of a culture of peace is
therefore important, not for individuals alone,
but for the progress, prosperity and satisfaction
of the entire world population.
Nepal is the birthplace of Gautam Buddha,
who is also known as the apostle of peace in
the world. Maharshi King Janak was also born
in Nepal who developed Mithila as the centre
of intellectual discourses. It has always been
recognised as a peace-loving nation and country
of unity in diversity. It was a peaceful land for Peace and non violence
meditation to many sages such as Ved Vyas.
There has never been a serious clash in the
name of religion, caste, creed, and culture in our country. In this way, Nepal has
always remained a zone of peace since ancient times. Therefore, the culture of
peace is essential to maintain our long-lasting unity and tolerance.
Role of Dialogue and Consensus in Culture of Peace
The world is suffering from a number of conflicts at present. When an individual
cannot exercise human rights, freedom, equal existence and respect, then a state
of conflict and war begins. Poverty, illiteracy, ignorance, greed, hatred, social, and
economic inequality, discrimination, injustice, intolerance, and a strong desire
for power are barriers to the culture of peace. These factors should be reduced to
establish a culture of peace. Freedom, social justice, democracy, tolerance, unity,
cooperation, and diverse, pluralistic culture should be addressed at every level of
the society and the nation. For this, it is essential to have dialogue and consensus
among the individuals, communities and societies. The disagreeing individuals,
groups or countries need to have a formal discussion when they are trying to solve
a problem or end a disagreement. Likewise, they need to reach an opinion that
all members of a group agree with. A culture of peace can be established through
dialogue and consensus.
Ways to Maintain Culture of Peace
(a) The solution to conflicts should be sought through mutual understanding and
respect;
(b) Due respect for democracy, human rights, and basic freedoms;
(c) Develop an attitude of dialogue, table-talk and negotiation;
(d) Eradication of poverty, illiteracy, inequality, and discrimination;
(e) Assurance of economic and social justice;
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(f) Transparent and accountable governance;
(g) Judicious distribution of available means and resources;
(h) End of intolerance in the name of racism, racial distribution, and narrow
nationalism;
(i) Unity and solidarity among all cultural, lingual, racial and religious group;
(j) Understanding, tolerance, cooperation, and solidarity among all human
civilisations and culture;
(k) Provision of participation and protection to all lingual, religious, and ethnic
minorities in the group; and
(l) Prohibition in the production and trading of weapons.
Our wish is a peaceful and prosperous present and bright future for our
future generation. The framework of the war and conflict begins with the human
being. Therefore, we should prevent our mind from such contradictory and violent
thoughts. We should accept the fact that every problem can be solved through
peaceful measures and develop a culture of peace to set up a prosperous and
peaceful world.
GLOSSARY : the process of reducing the number of weapons controlled
by a country's military
disarmament
: a general agreement about something
consensus : a statement of the basic beliefs of a religion
creed : a formal discussion between people who are trying to
negotiation
reach an agreement
contradictory : involving or having information that disagrees with other
information
ACTIVITIES
(1) Organise a speech competition on the title “Culture of Peace and Its
Importance” in your classroom.
(2) Culture of peace begins from home. Thus, what roles can you and your family
play in building a culture of peace? Discuss in the classroom.
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EXERCISE
(1) Write very short answers to the following questions.
(a) What is a culture of peace?
(b) Mention any two features of the culture of peace.
(c) Why is the culture of peace necessary? Write in a sentence.
(d) How can the culture of peace be established?
(e) Why should we prevent our mind from negative and violent thoughts?
(2) Write short answers to the following questions.
(a) How does the culture of peace help in the formation of a peaceful and
civilised society? Explain in brief.
(b) What are the barriers to a culture of peace? Mention them. How can they be
overcome?
(c) What are the measures to maintain the culture of peace? Mention any four
of them.
(d) What roles can individuals, society, political parties and the state play to
maintain the culture of peace? Mention a role of each.
COMMUNITY WORK
There are several procedures to establish peace at the local level. Take help
of your parents or intellectuals of your community to prepare a list of such
methods practised in your community.
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UNIT
4 SOCIAL PROBLEMS AND
THEIR SOLUTIONS
Learning On the completion of this unit, we will be able to:
Achievements • recognise social problems, and find out their effects and measures for the
solution;
• define your own role in eradicating social problems and evils;
• find out the roles of government and non-government organisations for
social reforms;
• make a list of the social change efforts made in Nepal and make a
comparative analysis;
• take part in the constructive work carried out for social reform;
• identify the causes of conflict; and
• examine the conflict cycle, and bring the conflict resolution into practice.
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Lesson Identification of Social
Problems and their Solutions
4.1
There are many practices in our society. People perform such activities according
to their place, norms, values, traditions, traditional beliefs, religions, castes, and
social conditions. Among them, some practices are useful and progressive for
society, whereas some create obstacles and have negative effects on the progress of
society. Such bad practices are called social problems. They disturb the peace and
prosperity of society. They hinder the smooth running of society and consequently
raise the question on human civilisation. Likewise, some malpractices are practised
in our society in the name of religions, culture, and rituals. They are called social
evils. Many people have to live miserable life because of such problems and evils.
The major causes of social problems are illiteracy, ignorance, traditional beliefs,
superstitious beliefs, unemployment, negligence of people, political instability, low
status of women, and so on. On the basis of Nepal’s topography, social and economic
conditions, the causes of social problems and evils are given below:
(1) Blind Beliefs, Conservative Tradition, and Culture
Some Nepali societies are suffering from
various social problems because people still
hold on to baseless and superstitious beliefs
in the name of their tradition. They allegedly
accuse and torture poor and innocent women
(sometimes males too) in the name of witchcraft.
In some regions of Nepal, women are forced
to take shelter in dirty, unhygienic, and
unmanaged menstrual huts or Chhau sheds
during their menstruation. Such inhuman and
irrational practice is known as the Chhaupadi Jhuma Pratha
custom. Likewise, there is a tradition of offering
second girl children to the god to serve in the
Gumba for the whole of their lives in some eastern regions of our country. Such
girls are deprived of many basic rights. This kind of inhuman practice is called
Jhuma Pratha.
Similarly, there was a custom of offering a young girl to the temple in the name
of religion in western and far western regions of Nepal, mostly in districts like
Baitadi, Kanchanpur, Dadeldhura, Doti, and Bajura. This custom is still prevalent
in Nepal in the name of Deauki system these days. They are not allowed to marry
and are often sexually abused by men. They have to live miserable life. This type
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of custom is Deuki or Devi Pratha. In some parts of the Terai region of Nepal,
married women must cover their face with Ghumto or similar clothes so that men
cannot see their face. This custom is Ghumto Pratha.
Many cases of domestic violence and child marriage are still found in Nepal. Some
parents force their daughters to get married before their first menstruation with
the superstitious belief that they can go straight to heaven. In some cultures, it is
mandatory to consume alcohol during various celebrations and occasions. Because
of such beliefs, children learn bad habits from an early age. Therefore, blind beliefs,
conservation tradition, and superstitious belief have given birth to many social
problems and evils in Nepal.
(2) Discriminations
There is a practice of treating somebody
or a particular group in a society less fairly
than others because of their gender, language,
religion, class, ethnicity, physical ability,
etc, in our society. Such discrimination has
created several social problems and evils. The
discrimination towards male, female, and third
gender creates gender discrimination. The
main causes of gender discrimination in our
country are our male-dominated society, lack of
awareness in women, and their low social and Caste Discrimination
economic status. Due to lingual discrimination,
some languages lag behind in the mainstream
of development. Although our constitution has granted equal legal rights to people
of all backgrounds and differently able people, it hasn’t yet gone into full effect.
Therefore, we haven’t been able to solve social problems as we had expected.
(3) Economic Inequality
Economic disparities result in the emergence of classes. As a result, the
people of the lower class are oppressed, and the people of the higher class become
oppressive. The problems of theft and robbery increase, and social revolution can
take place in society. The extravagance nature of the rich people give birth to
various social evils, and the people with low economic status try to imitate them
and fall into massive debt.
(4) Misuse of Technology
Technology is the use of science in industry, engineering, etc., to invent
useful things or to solve problems. It has played a crucial role to facilitate and
systematise human life. However, its abuse is increasing day by day. Some unsocial
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and irresponsible people are involved in cyber-crime through the medium of the
internet, email and website. They steal other's personal or bank details, infect their
computer with a virus, and do many other illegal activities through the internet
or the computer. Many innocent children and women have become victims of such
criminal activities. Likewise, foreign culture spread quickly through such media,
and people may imitate them blindly.
To stop the misuse of technology, cyber-criminals should be punished according to
the existing law, and awareness programme should be provided to children and
people to make appropriate use of computers and the internet. Everyone should be
encouraged to use the internet for keeping and searching for correct information,
and social networks should be used only for building positive social relationships.
The causes of some social problems and evils can be different from the ones given
above. Social problems such as abduction, alcoholism, child labour, corruption,
drug addiction, girls trafficking, human trafficking, prostitution, etc, are common
these days. They hinder the social progress of our country.
The following steps should be taken to eliminate social problems and evils from our
society:
(1) Awareness programmes should be launched on a large scale to make people
aware of different social problems and evils.
(2) There needs to be effective coordination of the government, non-government
bodies and civil society to eradicate all sorts of social problems and evils.
(3) People should be educated and encouraged to live a civilised and disciplined
life.
(4) Government need to launch effective plans and policies to reduce unemployment,
illiteracy and poverty.
(5) Society should be made free from oppression, discrimination, corruption,
superstitious beliefs and orthodoxy through education and awareness
programmes.
(6) Every common person has to raise her or his voice in favour of justice and
truth.
GLOSSARY : make something, such as a task or action slow or difficult
: lack of normal care or attention
hinder : required by a law or rule
negligence : the act or practice of spending a lot of money
mandatory
extravagance
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oppression : cruel and unfair treatment of people, especially by not
orthodoxy giving them the same freedom, rights, etc. as other
people
: the traditional beliefs or practices of a religion, etc.
ACTIVITIES
(1) Complete the given table as given in the example.
Effects of child Effects of Effects Effects of Effects of
marriage brain drain of drug smoking misuse of
addiction
technology
(a) Deprived of
educational
opportunities
(b) Various health
problems
(c) Population
growth
(d) Domestic
conflicts and
violence
(e) Uncertain
future
(2) What social problems and evils exist in your society? Find out their causes
and measures to eradicate them. Present the finding in your classroom.
EXERCISE
(1) Write very short answers to the following questions.
(a) What do you mean by social problems?
(b) How are social evils different from social problems?
(c) How is Chhaupadi Pratha different from Ghumto Pratha? Write a difference.
(d) Write a major difference between Deuki Pratha and Jhuma Pratha.
(e) How have some people misused technology these days? Write any two
examples of abuse.
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(2) Write short answers to the following questions.
(a) What are the major causes of problems in Nepal? Mention them and explain
any three of them.
(b) How do discriminations give birth to social problems? Explain in brief.
(c) How has cybercrime become a major problem these days? Write its two
significant impacts and appropriate measures of solution.
(d) What measures should be adopted to minimise and eliminate social problems
and evils from our society? Write any four of them.
(e) Write an effective slogan to raise an awareness campaign against each of
the following social problems and evils.
(i) Dowry system (ii) Girl trafficking
(iii) Untouchability (iv) Child marriage
(v) Gambling (vi) Child labour
(f) "Social problems disturb the peace and prosperity of society and hinder the
smooth running of society." Justify this statement.
COMMUNITY WORK
Make a list of social problems and evils that exist in your community. Take the
help of a social worker or senior people of the community to find their causes
and measures of solution. Prepare a report, and present it in your classroom.
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Lesson
4.2 Corruption
Corruption is dishonest or illegal behaviour Corruption
by officials or people in positions of power,
especially when they accept money in
exchange for doing things for someone. It also
refers to dishonest or fraudulent conduct by
those in power against the laws and dignity
of their post, typically involving bribery.
Some examples of corruption are using public
power for personal gain or profit, spending
money from the national treasury, economic
irregularity, the judgment against innocents,
overcharging customers for public service, and
charging money with service seekers to do
illegal activities.
The different forms of corruption are bribery, misuse of public properties, nepotism
and advised policy. The crime of giving money or presents to someone so that they
will help you by doing something dishonest or illegal is called bribery. Sometimes,
public servants misuse public or government properties and use them for their
personal gain and profit. It is a form of corruption. Similarly, there is a practice
of using one’s power and influence to give jobs to people in their family instead of
to people who deserve to have them. Such unfair practice is known as nepotism.
Likewise, favouritism refers to the practice of giving unfair special treatment to
one person or group at the expense of another. Both of these activities are faces of
corruption. Another form of corruption is advised policy, which means the act of
advising somebody to enrich oneself.
Various study reports show that excessive corruption takes place in developing
countries like Nepal. Corruption is also known as a white-collar crime because it
is usually done by professional people who have important positions in a company
or organisation. Public post holders also engage personally and institutionally in
corruption.
Causes of Corruption
Socio-cultural Reasons
Excessive pride Show-off nature
Extravagance lifestyle Blind imitation of foreign culture
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Lack of strict laws and punishment system Low pay scale and price hike
Lack of the rule of law
Political Reasons Political intervention
Nepotism and favouritism
Non-transparent political donation
Political appointment against laws
Administrative Reasons
Lack of accountability Illegal appointment and transfer
Unstable leadership Cheating in paying taxes
Legal Reasons
Lack of uniformity in legal actions
Delayed and inconvenient justice delivery
Excessive political influence
Other Reasons Strong network of corrupt people
Lack of feeling of nationality
Loopholes in law
Lack of awareness in people
Effects of Corruption
Corruption is a serious social problem in our country. The impacts of corruption are
always harmful. Some of them are given below:
(a) It makes our government poor and creates economic, social and political crises.
(b) The common people do not get fair justice due to corruption.
(c) Rule of law and democracy are limited to slogans only if there is corruption.
(d) It remains a major hindrance to the political reforms.
(e) It weakens accountability, transparency, and good governance.
(f) People are compelled to pay extra money for services because of corruption.
(g) It creates social conflict and inequality.
(h) It makes the free press unproductive.
(i) Public resources are wasted.
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Solutions to Corruption
(a) Anti-corruption agencies should be empowered to carry out their duties fairly
and effectively.
(b) Awareness programmes should be launched on a large scale against corruption.
(c) Enough salary and other facilities should be provided to the employees. They
should be encouraged to avoid extravagant lifestyle.
(d) Governmental service and development activities should be made transparent.
There should not be any loopholes for the public servants to take advantage of
it.
(e) High emphasis should be made on character building and moral education at
the school level.
(f) The common people should develop a habit of protesting and standing against
corruption.
(g) The corrupt public servant or people should be made public and boycotted
socially.
(h) There should be the rule of law, political stability and good governance in our
country.
Efforts Made in Nepal to Control Corruption
(1) Efforts of CIAA: The Commission for the Investigation of Abuse of Authority
(CIAA) is an apex constitutional body to control corruption and its tentacles in the
country. It aims to crack down the corruption issues at a national level with a
system-based approach.
(2) Formulation of Acts: Several acts have been formulated to implement
anti- corruption campaign more effectively. “Commission for the Investigation
of Abuse of Authority Act 2048” and “Corruption Prevention Act 2059” are such
acts. Likewise, “Money Laundering Prevention Act 2064” and “Money Laundering
Prevention Regulation 2066” are also implemented.
(3) National Vigilance Centre: The National Vigilance Centre is the anti-
corruption watchdog established on Shrawan 27, 2059 AD. It works under the
Office of the Prime Minister and Council of Ministers. It is mandated to establish
good governance, control corruption and minimise hassles in public offices.
(4) Signatory of UN Convention: Nepal signed the “United Nations
Convention against Corruption” on 10 December 2003 AD, and the parliament of
Nepal ratified it on 23 February 2011 AD.
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(5) Efforts through Curricula:
Lessons on corruption have been included in the curriculum of school and
college levels.
(6) Efforts through Reporters:
By offering them rewards and keeping their names secret, the government
encourages ordinary people to report corruption cases to government agencies.
(7) Efforts of Mass Media:
The media can inform and educate people about the harmful effects of
corruption and, through exposure, increase the political risk of those involved
in corrupt practices.
(8) Efforts of Non-Governmental Organisations:
Various non-governmental organisations such as Pro Public, The Forum for
Independent Thinking, etc, have been running awareness programmes against
corruption and giving pressure to the government.
Transparency International is an international organisation to fight against corruption. It gives
voice to the victims and witnesses of corruption. It was established in 1993 AD. It works
together with governments, businesses and citizens to stop the abuse of power, bribery
and secret deals. It publishes an annual index ranking the world's most corrupt countries.
The index is called the Corruption Perception Index (CPI). The CPI measures the extent of
corruption within a country on a scale ranging from zero to 100. Countries securing higher
scores are rated as the least corrupt, and those with low scorers are perceived to be the
most corrupt. Nepal has been ranked 117th out of 180 countries ranked in the Corruption
Perception Index (CPI)-2020 AD.
CPI of Some Countries
Rank Countries Score Rank Countries Score Rank Countries Score
1 Denmark 88 75 Maldives 43 176 Venezuela 15
1 New Zealand 88 78 China 42 176 Yemen 15
2 Finland 85 86 India 40 178 Syria 14
3 Singapore 85 94 Srilanka 38 179 Somalia 12
3 Sweden 85 117 Nepal 33 179 South Sudan 12
3 Switzerland 85 -
Source: Transparency International Report, 2020
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GLOSSARY : done to trick someone for the purpose of getting
something valuable
fraudulent
bribery : the act or crime of giving or accepting a bribe
nepotism : the unfair practice by a powerful person of giving jobs
accountability
tentacle and other favours to relatives
laundering : the fact of being responsible for your decisions or actions
vigilance and expected to explain to them when you are asked
watchdog : the influence that a large place, organisation or system
ratify has, and that is hard to avoid
: moving money that has been obtained illegally into
foreign bank accounts or legal businesses so that it is
difficult for people to know where the money came from
: great care that is taken to notice any signs of danger or
trouble
: a person or group of people whose job is to check that
companies are not doing anything illegal or ignoring
people’s rights
: to make a treaty, agreement, etc. official by signing it or
voting for it
ACTIVITIES
(1) Collect the news stories, news articles, photos, etc, related to corruption
cases in Nepal and paste them on the wall of your classroom.
(2) “Nepotism and favouritism are also forms of corruption.” Justify this statement
by discussing it with your friends.
(3) Design a poster for the anti-corruption campaign and demonstrate it in the
class.
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EXERCISE
(1) Offer very short answers to the following questions.
(a) What do you mean by corruption?
(b) How is bribery different from nepotism? Explain in a sentence.
(c) Why is corruption known as a white-collar crime?
(d) What is Transparency International? Mention one of its function.
(e) What is Corruption Perception Index?
(f) Write a slogan against corruption.
(2) Write short answers to the following questions.
(a) Mention any four forms of corruption and explain them.
(b) What are the causes of corruption in Nepal? Explain any four of them.
(c) What are the effects of corruption? Mention any four of them.
(d) What are different measures to minimise and solve problems of corruption
in Nepal? Mention any four of them.
(e) Write any four efforts made in Nepal to control corruption in Nepal.
(f) How can you say that corruption is a social problem? Justify.
(g) How can you say that nepotism and favouritism are also forms of corruption?
Explain.
(h) Explain the attempts made by CIAA and National Vigilance Centre to control
corruption in Nepal.
COMMUNITY WORK
How do the people in your community think about corruption? Take an
interview with some personalities in your locality, and prepare a report
including their opinions.
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Lesson Prostitution, Addiction and
Bullying
4.3
(1) Prostitution
The practice of engaging in relatively indiscriminate sexual activity, usually
with someone who is not a spouse or a partner, in exchange for immediate payment
in money or other valuables is called prostitution. It is a form of sexual abuse, as
well. Money is the major motivation for women who become prostitutes, as most
of them come from low-income backgrounds. Although prostitution is an illegal,
anti-social and immoral activity, some people, especially in cities and towns, have
adopted it as their occupation.
Causes of Prostitution
Poverty, Ignorance,
Illiteracy, Unhappy marital relationship,
Excessive sexual desire, Desire for a new experience,
Unemployment, Vicious circle.
Effects of Prostitution
Low self-esteem and self-value;
Depression;
Exclusion from family and society;
Physical and mental torture for women;
Chances of transmission of various sexually transmitted diseases (STDs) such
as HIV AIDS, syphilis, gonorrhoea, etc.
Chances of conflicts in the family and other members of society; and
Unwanted pregnancy and emotional conflicts.
Measures to Control and Prevent Prostitution
Various income-generating activities and skill-based training should be taught
to girls and women.
Employment opportunities should be provided to a vulnerable group.
Strict laws should be implemented against prostitution.
The government has to launch various poverty alleviation programmes.
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Awareness programmes should be launched on a large scale.
There should be strict control over border movement.
Efforts Made to Check Prostitution
Various social organisations such as Maiti Nepal, Raksha Nepal, etc, are set
up that work against girl trafficking and prostitution.
Human Trafficking and Transportation (Control) Act 2064 (2008) has been
implemented.
Police searches are regularly carried out in suspected areas of prostitution,
and legal action is taken against those involved in such acts.
(2) Addiction
Addiction is an inability to stop doing or
using something, especially something harmful
such as drugs, alcohol, tobacco, hashish etc. It
also refers to a strong need or wishes to spend
as much time as possible doing a particular
activity such as gambling, betting, surfing the
internet, and so on. Such activities have an
adverse effect on personal health, family and
community.
Causes of Addiction Addiction
Due to peer pressure and bad company;
Because of lack of parental care, family disputes and failure in a love
relationship;
Some people are addicted to something to show off or imitate celebrities;
Due to one’s curiosity about its taste and flavour;
Due to the quest for pleasure;
Because of ignorance;
Because of excessive freedom; and
Because of isolation or loneliness.
Effects of Addiction
Waste of money and property;
Loss of health, dignity and prestige in society;
Dizziness and depression;
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Insomnia and restlessness;
Increase in crime; and
Obstacle for personal and national progress.
Measures to Prevent Addiction
The parents should set a good example for their children and provide proper
parental care to them.
There should be a strong and stable bond among the family members.
The youths and children should always keep themselves busy in games,
sports, extracurricular activities, co-curricular activities, social work and
other creative work.
One should always remain away from bad company. It is better to be alone
than in bad company.
Job opportunities should be provided to jobless youths so that they wouldn’t
get time for any forms of addiction.
Strict laws should be made and implemented against drug traffickers.
Mass awareness programme should be launched on a regular basis to aware
people of the bad impacts of drug abuse and other forms of addiction.
Various social organisations should play active roles to aware people of the
negative effects of drugs and other forms of addiction.
Efforts Made to Minimise and Check Addiction
Rehabilitation centres have been established in various parts of the country
for those who wish to reform themselves.
The media have been banned from making publicity of any sorts of liquors,
tobacco products, etc.
Various INGOs and NGOs have been organising awareness programmes from
time to time.
Subject matters relating to the adverse impacts of drug abuse have been
addressed at various levels of the curriculum.
Narcotic Drugs (Control) Act, 2033 (1976) has been implemented as the legal
framework for drug control issues.
(3) Bullying
The use of power or strength to hurt, insult or frighten weaker people is called
bullying. People often force others to do something they do not want to do while
bullying others. They use threats or violence repeatedly in an attempt to harm
or threaten others. Bullying includes actions such as making threats, spreading
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rumours, attacking someone physically or verbally, and excluding someone from a
group on purpose.
These days, cyberbullying is also common. Cyberbullying is bullying through
electronic means, such as phones, tablets and computers. Sending or posting
offensive or insulting messages, posting false information about a person, posting
pictures to embarrass, humiliate or ridicule a person, distributing pictures or
videos of someone being attacked or humiliated, etc, are some common examples
of cyberbullying.
Causes of Bullying
To express anger or frustration due to their problems;
Poor upbringing;
Violent games or movies;
Attention-seeking behaviour of some people;
No culture of respect for others in some schools and workplaces;
Feeling of revenge;
Jealousy and hatred; and
Lack of supervision.
Effects on the Bullied Victim Feelings of shame;
Changes in eating habits;
Social isolation; School avoidance;
Sleep disturbance; Bedwetting; and
Low self-esteem; Poor school performance.
Symptoms of anxiety;
Higher risk of illness;
Symptoms of depression;
Measures to Prevent Bullying
The family members and school should encourage good behaviour of students
and discourage bad ones.
Children should be taught to show good behaviour to everyone they know.
They should be taught to respect others' thoughts, capacities and working
style and be empathetic.
Effective actions should be taken against those who are involved in bullying.
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Efforts made to prevent bullying
Moral and value education have been given emphasis in the school curriculum
of Nepal.
Legal provisions have been made to punish those who are involved in such
kinds of activities.
GLOSSARY : a repeating situation or condition in which one problem
causes another problem that makes the first problem
vicious circle worse
syphilis : a very serious disease that is spread through sexual
intercourse
gonorrhoea
: a disease of the sex organs that is spread by sexual
vulnerable contact
hashish
: easily hurt or harmed physically, mentally, or emotionally
insomnia : an illegal drug that comes from the hemp plant and that
offensive
embarrass is usually smoked or chewed
: the condition of not being able to sleep
bedwetting : causing someone to feel hurt, angry, or upset
: to make (someone) feel confused and foolish in front of
other people
: the problem of urinating in bed while one is asleep
ACTIVITIES
(1) What kinds of steps have been taken to prevent addiction in your family and
community? Take the help of your parents or social workers and prepare a
note.
(2) Make a comparative study of social problems in the past and at present in
your community with the help of your friends in the classroom.
(3) What can be different ways to conduct awareness programmes against
prostitution, bullying and addiction in your community? Conduct an
interaction programme among your friends in different groups
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EXERCISE
(1) Write very short answers to the following questions.
(a) What is meant by prostitution?
(b) What do you mean by addiction?
(c) Define bullying in your own words.
(d) What is cyberbullying?
(e) What role can you play to prevent bullying in your school? Write an activity
that you can do.
(f) Prepare a slogan to raise awareness against drug addiction.
(2) Write short answers to the following questions.
(a) Why is prostitution considered a serious social problem in our country?
(b) How does a person become an addict? Write any four reasons.
(c) What are different efforts made to minimise and check addiction in Nepal?
Mention any four attempts.
(d) What are some common examples of cyberbullying? How can a person
remain safe from it?
(e) Mention any four measures to prevent bullying.
(f) What are the effects of drug addiction on individual, family and society?
Mention two impacts on each of them.
(g) "Treat people with respect if you want to be respected." Justify this
statement in reference to bullying.
(h) The Tobacco Product (Control and Regulatory) Act-2011 bans smoking in
public places. It is the state's praiseworthy act. Why? Give reasons.
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Lesson Contribution of Local and
International Organisations in
4.4
Social Reform
Social problems hinder the progress of society. A number of local and international
organisations have been playing an active role to solve social problems in Nepal.
They are social organisations. Such organisations have provided financial and
technical assistance to Nepal. The assistance of those organisations is crucial in
solving the problems like poverty, illiteracy, evil practices and superstitions. Such
international organisations have been conducting a wide range of programmes and
activities against traditional superstitious beliefs and bad customs. The primary
objective of those organisations is to bring social reform.
Some Local and National Organisations and Their
Contributions
Organisations Logo/Signboards Contribution
(1) Shakti Samuha works towards ensuring social
justice for those victims of human
(2) CWIN (Child trafficking and who are at high risk
Workers in of such trafficking by empowering,
Nepal) informing and organising the women
and girls from the community level
launches programmes on child
rights protection and awareness-
building campaign against child
labour, provides financial support,
especially on dress material, tuition
fee and educational material
to children from economically
backward families.
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(3) Human Rights fights for protection and advocacy
Concern Centre of human rights
(4) Aama Samuha works for the empowerment of
(Mother’s women and social development,
group) helps in checking various social
problems and evils such as
(5) Maiti Nepal alcoholism, gambling etc.
protects Nepali girls and women
(6) Paropakar from crimes like domestic violence,
Sanstha trafficking for flesh trade, child
prostitution, child labour and various
(7) CVICT (Centre forms of exploitation and torture,
for Victim control girl trafficking, rescue
Torture Nepal) trafficked girls and rehabilitate
them, provide income-generating
(8) Rachana training to them
(9) Sinkalama
provides shelter, education and
programme health service to helpless orphans
(10) Informal Sector and children
Service Centre works for rehabilitation of victims
(INSEC) of torture, advocates for the
eradication of torture and promotes
human rights in Nepal
carries out programmes for overall
development in Dhanusha district
assists in building up infrastructures
of development in Sindhupalchowk,
Kabhrepalanchowk, Lalitpur
and Makwanpur, and works in
environmental conservation
protects and promotes the
fundamental rights of people in
virtually all sectors
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The last few decades have seen a gradual rise in NGOs in Nepal. For the first time
in 2034 (1977), Social Service National Coordination Council Act (SSNAC) was
passed with a view to organising the entire network of social service institutions in
Nepal. It was repealed later, and its rights and liabilities were transferred to the
Social Welfare Council Act 2049 (1992). The act has been issued to make effective
coordination, cooperation, mobilisation and promotion of the social organisations
and institutions, in order to run social activities in a more organised way. All
NGOs working in Nepal can only operate upon registration with the Social Welfare
Council.
Although many NGOs have been founded, many people have claimed that those
organisations haven't been able to make an anticipated impact in their operational
areas. Most of them are urban-centred, and they rarely focus on rural areas.
Some of them aren't accountable for their financial transactions and programmes.
However, we can't undervalue their contribution to bringing a number of social
reforms in Nepal. At the same time, they need to expand their efficiency in remote
and rural areas too.
GLOSSARY : extremely important
: the act or process of supporting a cause or proposal
crucial : to give power to (someone)
advocacy : the prostitution business.
empowerment : officially made no longer valid
flesh trade : expected or looked ahead to something with pleasure
repealed
anticipated
ACTIVITIES
(1) Prepare a list of local social organisations working in your community. Also,
mention their functions.
(2) Collect news stories of social reforms brought by various social organisations.
Paste them on a sheet of chart paper and display in your classroom.
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EXERCISE
(1) Write very short answers to the following questions.
(a) What do you mean by social organisations? Give any four examples.
(b) Which is the world’s first organisation established and run by the survivors of
human trafficking in Nepal?
(c) Which social organisation given in the lesson is Anuradha Koirala related to?
(d) How is the contribution of Paropakar Sanstha different from that of CWIN?
Explain in a sentence.
(e) Introduce Social Welfare Council in a sentence.
(2) Write short answers to the following questions.
(a) Name any four social organisations working to bring social reforms in Nepal?
Mention their contribution.
(b) What roles can teachers and students play to bring out social reforms?
Mention any two roles of each of them.
(c) Prepare a sample of news story mentioning various ways of solving social
problems in your community to be published in a national level daily
newspaper.
(d) Prepare a request letter to be sent to a national level social organisation
requesting it to introduce programmes for balanced development in both
rural and urban areas.
(e) Why are social organisations regarded as driving forces of social
transformation? Write any four reasons.
COMMUNITY WORK
There may be offices of a/some national-level social organisations in your
community or district. Visit one of them and inquire about their establishment,
background, objectives, functions and source of fund. Then, prepare a report
with all the collected pieces of information.
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Lesson Attempts of
Social Reform in Nepal
4.5
Nepal has been facing numerous social problems and evils from the ancient period
to modern time. Several attempts have been made time and time again to eradicate
such social evils and disorder, and bring about positive change in society. Such
change and improvement to correct any injustices or solve any problems in society
is called social reform.
The following attempts have been made in Nepal for social reforms in different
periods of time.
King Mandev of the Lichchhavi period pleaded with his mother Rajyawati not
to immolate herself on fire as per Sati Pratha. His mother didn't go Sati and
nurtured him. He had also mentioned the name of his queen Bhogini on his
Manank coins. Likewise, although he followed Lord Bishnu, his queen were
followers of Lord Shiva. From these examples, we can conclude that there was
high respect for women and religious freedom during his rule.
Jayasthiti Malla, a famous Malla king, reformed the then society by making
distinct rules for having food and drink, living style, wearing clothes and
ornaments, rituals of birth, marriage and death according to their castes.
King Mahindra Malla encouraged solving conflicts at the local level. As per the
decentralised judicial system, he appointed officials such as Pradhan to solve
local disputes and Khardar to settle the disputes all over the nation.
King Ram Shah brought several reforms in Ram Shah
the justice and measurement system in his
kingdom, Gorkha. He introduced measurement
systems such as Dhak, Taraaju, Maana,
Muri, etc. His kingdom was famous for justice
delivery. During his time, there was a common
belief, "Nyay Napay Gorkha Janu". It means to
go to Gorkha if you didn't get justice. He also
fixed the standard rate of interest.
Prithvi Narayan discouraged corruption with
the belief that both bribe-takers and givers are
the worst enemies of the nation.
Bhimsen Thapa strongly opposed the practice of bribery. He opposed the
practice of accepting milk or ghee as a bribe as a return for the work done. He
controlled the extravagance of Newari people in social work. He fixed the price
for the festival and feast celebration.
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Junga Bahadur Rana introduced Muluki Ain on 22 December 1854 AD (1910
BS) and attempted to bring several social reforms in the country.
Dev Shumsher became prime minister of Nepal just for 114 days. However,
he established more than 150 schools all over the country. It was under his
initiative that ‘Gorkhapatra’ started publishing in Nepal since BS 1958..
Chandra Shumsher abolished inhuman Sati Pratha in BS 1977 and slavery
practice in BS 1981.
Panchayat government endorsed the second Muluki Ain on 1st of Bhadra 2020
BS and implemented Land Reform Act on 1st Poush, 2021 BS.
The National Education System Plan was implemented in 2028 BS to reform
the education sector. It introduced vocational education and curriculum, and
other reforms.
After the success of People’s Movement 2046 BS (Mass Movement I), the
Constitution of the Kingdom of Nepal 2047 made constitutional provision for
social reforms by making the provision of fundamental rights to people.
On 2nd Shrawan, 2057 BS, the existing bonded labour system of far-western
Terai (known as Kamaiya Pratha) was abolished.
After the success of People’s Movement 2062/63 (Mass Movement II), the house
of representatives announced Nepal as a secular state on 4th Jestha 2063 BS.
The Interim Constitution of Nepal 2063 introduced the provision of additional
fundamental rights.
Haliya Pratha (the system which allowed a well-to-do family to keep a tenant
as a slave for life for a small sum of loaned money practised in nine districts of
Sudurpaschim province of Nepal) was abolished on 21st Bhadra 2065 BS.
The Constitution of Nepal promulgated on 3rd Ashwin 2072 BS also made many
social reform provisions by adding various commissions and fundamental
rights.
GLOSSARY : kill or destroy (someone or something) by fire
: helped something or someone to grow, develop, or
immolate
nurtured succeed
: publicly or officially said that you support or approve of
endorsed : made an idea, belief, etc. known to many people
promulgated
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ACTIVITIES
(1) There may be problems in your classroom too. What rules are necessary for
the solution to those problems? Discuss among your friends and implement
them.
(2) Compose folksongs, poems or write stories on various social evils and their
solutions. Paste them on the notice board of your school.
EXERCISE
(1) Write very short answers to the following questions.
(a) What do you mean by social reform?
(b) What is the contribution of King Ram Shah to social reform in our country?
(c) Mention the contribution of Dev Shumsher to social reform in Nepal.
(d) When was the second Muluki Ain endorsed in our country?
(e) When was Nepal declared a secular state?
(f) Prepare a poster with a slogan appealing to social reform.
(2) Offer short answers to the following questions.
(a) How can you say that there was high respect for women and religious
freedom during the rule of King Mandev? Explain.
(b) Mention the contribution of King PN Shah and Bhimsen Thapa for social
reform in our country.
(c) Write short notes on:
(i) Sati Pratha
(ii) Kamaiya Pratha
(iii) Daas Pratha
(iv) Haliya Pratha
(d) Despite the announcement of the abolishment of several social evils in our
country, we can still hear or watch news of similar cases even these days.
What could be the possible reasons behind it? Mention any four causes.
(e) Social reform is not possible simply by the announcement of rules and laws; it
needs effective implementation. Do you agree? What can be some effective
ways of implementing rules and laws? Write any four ways.
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(f) What are the similarities and dissimilarities between the social reforms
introduced by King Jayasthiti Malla and King Ram Shah? Mention in points.
(g) ‘The end of Sati Pratha and Slavery Pratha help in achieving social justice.’
Justify this statement.
(h) Show the following efforts made for social reform in Nepal in a timeline.
(i) Slavery custom was abolished in 1981 BS.
(ii) The second Muluki Ain was enacted in 2020 BS
(iii) Kamaiya Pratha was abolished in 2057 BS.
(iv) Haliya Pratha was abolished in 2065 BS
COMMUNITY WORK
What significant changes took place in your community in the last 15 years?
Ask senior citizens or veterans of your community and note down major
changes. You can also include your own experiences.
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Lesson Conflict Cycle and
Its Remedies
4.6
The villagers of Sundar Basti depend on the same canal for irrigation in their
field. Sometimes conflict emerges among them regarding the supply of water. All
farmers want to supply water in their field first. Once, some farmers blocked the
water in the way and supplied it in their field. This made other villagers on the
lower side very angry. There was a quarrel, and soon a fight followed it. When the
dispute took a nasty turn, the executive of the rural municipality and the secretary
of the village executive settled the dispute.
Although the quarrel was settled, its effect lasted for a few more weeks. Thus, the
members of the local clubs and intellectual personalities conducted an interaction
programme. The programme helped the villagers improve their relationship with
themselves. These days, the villagers supply the water turn by turn on an hourly
basis. The people are in good turns and discuss their problems openly. There is the
active participation of all villagers in the development activities of the village. The
youths and women of the village have also contributed to preserving the community
forest of the village. Various sports competitions are held among the villagers
from time and time. All these activities have promoted the feeling of closeness,
cooperation and teamwork among the villagers.
The serious disagreement and argument about something important is known as
conflict. If two people or groups are in conflict, they have had a serious disagreement
or clash and have not yet reached an agreement. Conflict arises when two individuals
or groups interacting in the same condition see the situations differently because
of their dissimilar understanding, opinions and views. It is the opposite of peace or
agreement.
Features of Conflict
(1) Conflict is a situation of tension and struggle.
(2) Two or more than two persons or groups are involved in a conflict.
(3) Conflict can have both positive and negative effects.
(4) Conflict is an integral part of society.
(5) Resolution is a must in a conflict.
(6) One needs to consider conflicts as challenges.
Conflict Resolution
The final solution or management of conflict is known as conflict resolution. In
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this process, the reasons for conflicts are identified, the conflicting parties are
requested to make agreements based on negotiation, and points of reconciliation
are found under the supervision of a mediator. Conflicts can be settled through
dual communication, dialogue, negotiation, lawsuit, and verdict.
Stepwise Process of Conflict Resolution
communication dialogue
verdict Process of lawsuit
Conflict
Resolution
negotiation
GLOSSARY : unpleasant and unkind
: a formal discussion between people who are trying to
nasty
negotiation reach an agreement
: the act of causing two people or groups to become
reconciliation
friendly again after an argument or disagreement
verdict : the decision made by a jury in a trial
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ACTIVITIES
(1) What kinds of conflicts have you noticed in your classroom or community?
Identify their causes through group discussion. Present them in your classroom
with their possible solution.
(2) Act out the role of a mediator to settle a dispute between two friends and
share your experience while doing so in the classroom.
EXERCISE
(1) Write very short answers to the following questions.
(a) What is conflict?
(b) How does conflict occur in society?
(c) What do you mean by conflict resolution?
(d) What are different ways to settle a conflict?
(2) Offer short answers to the following questions.
(a) What are the features of conflict? Mention any four of them.
(b) Write in brief about the process of conflict management.
(c) ‘Conflict forms the basis for development.’ Justify this statement.
(d) 'A conflict should always end in a win-win situation.' Explain this statement.
(e) Give a practical example of conflict resolution that you have seen, heard or
experienced.
COMMUNITY WORK
Talk to a senior person or veteran of your community about a certain conflict
management case. Then, prepare a report based on the information obtained
from him or her. Include the facts on the causes of conflict, effects and
resolution.
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UNIT
5 CIVIC AWARENESS
Learning On the completion of this unit, we will be able to:
Achievements • introduce constitution and tell about the development of the constitution
in Nepal;
• explain fundamental rights and follow civil duties;
• highlight the concept of good governance, the rule of law, peace and
security, and behave accordingly;
• introduce civil society and explain their role;
• identify the diversities in Nepal and maintain unity in diversities; and
• have the feeling of nationalism and be alert about the subjects of national
concern.
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Lesson
5.1 Introduction to Constitution
A constitution is a legal document that contains the
fundamental principles according to which a country is
governed. It is also a collection of fundamental laws of
a state. The constitution is also called the supreme law
of the country. All the laws in the country are prepared
based on it. The laws prepared out of the aspiration of
the constitution in the country will be invalid. Thus, the
constitution is a written document that contains matters
about the political system of a country, the formation of
the organs of government, and use of the power of the
nation.
Constitution grants a procedure to the government to carry out administrative
activities. It safeguards the rights of citizens. It describes the structures of the
main organs of the government. Constitution limits the power of the government
and makes the rulers responsible and accountable towards the citizens. The
constitution is also considered a mirror of the country as it reflects the legal
situation of the country.
Some Important Facts about the Constitution
According to the assumption of a modern democratic country, people are
sovereign and the main source of the nation. Therefore, the main aim of
preparing the constitution is to protect people’s rights and freedom from being
seized by state authorities dictatorially.
The constitutional system is developed in the world to check anarchism,
dictatorship, and despotism. However, the country is not necessarily called
a democratic country; simply, it is ruled according to the constitution. A
country which accepts self-government and limited government is known as a
democratic country.
The political system, socio-cultural situation, economic status, and geographical
status of a country influence the forms of the constitution.
The history of the traditional constitution is very long in the world. But the
written constitution came into existence only at the end of the 18th century.
Although the main traditional function of the constitution was to fix the ruler,
most of the modern countries in the world have prepared a written constitution.
They prepared their constitution based on their norms and values and run
their ruling system according to it.
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It is found that the modern constitutions have adopted the concept of assurance
of people’s rights and limited government (the government empowered by the
law). The people’s wills, aspirations, and concerns are addressed while making
constitutions. An appropriate check and balance system are made as per the
time and situation through the means of amendment.
Britain does not have a written constitution. The country is governed according
to the prevailing tradition, customs, norms, conventions, and practices, which
have been reformed as per time and situation.
The constitution of the USA enforced in 1789 AD is the first written constitution
of the world.
Finally, people are the main sources of state power. The constitution should
be prepared according to the will of the people. People should participate in
formulating the constitution. There should be people's affinity for the constitution.
The constitution should be reformed according to the changing situation of the
country. There should be a provision of amendments in the constitution. The
constitution based on equality, freedom, and justice can last longer. Thus, the
democratic constitution should have characteristics such as clarity, flexibility,
broad-based with the provision of fundamental rights, an independent judiciary,
and separation of power.
ACTIVITIES
(1) Discuss the concept of ‘popular will’ and reasons for preparing the constitution
based on it.
(2) Present your view either on a written constitution or unwritten constitution in
the class and ask your friends to note down the main points in their exercise
book.
EXERCISE
(1) Give short answer to the following questions
(a) Define constitution and write its importance in six points.
(b) What do you mean by limited government? Explain its importance in brief.
(c) Why should people be involved in the preparation of the constitution?
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Explain your answer.
(d) Differentiate between classroom rules and constitution in your own words.
(2) Give long answers to the following questions.
(a) Write a letter to your friend explaining the things that to be considered to
make the constitution more democratic and effective.
(b) Make a list of any seven important facts about the constitution.
COMMUNITY WORK
Consult the intellectuals, teachers, lawyers, and other law scholars about the
various aspects of the constitution such as introduction, aims, features, its
uses in society, and write a report based on your studies in the class.
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Lesson Constitutional Development
in Nepal
5.2
The constitution is an integrated document of the political, legal, economic, social,
and cultural aspects of a nation. It is also a fundamental organ of justice, equality,
and freedom. The constitution is formulated by a special body such as constitution
drafting commission, constitution drafting committee, constitution reform and
suggestion commission, and constituent assembly. Besides, any other appropriate
method is also used to draft the constitution.
Generally, the constitution should be prepared as per the popular will. However, it
seems that all the constitutions of the world have not been formulated according to
the people's will. Therefore, it is found that a country has formulated and amended
the constitution many times. The constitution has been changed 27 times in
Venezuela, 19 times in Thailand, and 20 times in Haiti.
While talking about constitutional development in Nepal, there is no long history of
constitutional development here. It began only with the promulgation of Nepal the
Government Legal Act 2004 in 2004 BS. Padma Sumsher declared this constitution.
After this, six constitutions have been promulgated in Nepal up to date. When we
see the trend of constitutional development, one constitution has been promulgated
every ten years on average. Here, we briefly discuss the constitutions promulgated
in Nepal.
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1. Nepal Government Act 2004 BS
The Nepal Government Act 2004 is the first written constitution of Nepal.
This constitution was drafted by a team including three Indian constitution
experts, namely Shreeprakash Guha, Raghunath Singh, and Dr Ramugra Singh.
It consisted of 6 parts, 68 articles, and 1 schedule. It was declared on 13th Magh
2004 BS from Bishan Nagar Palace.
Main Provisions:
The main source of the rights of the Rana Prime Ministers.
All the executive power is vested in Ran Prime Ministers.
Provision of bi-cameral legislature, namely Rastriya Sabha and Bhardari
Sabha.
Provision of fundamental rights, including the right to access justice and right
to religious freedom.
Provisions of Council of Ministers, High Court, Auditor General and Application
Council (Initial form of present Public Service Commission).
Provision of free primary education.
Weakness
The principle of separation of power was not accepted.
The role of the king was ignored in forming and dissolving the Council of
Ministers.
The Council of Ministers could be formed and dissolved by the Prime Minister.
This constitution was supposed to be effective from 1st Baishakh 2005 BS.
But it could not be implemented due to the undue pressure of powerful Ranas
like Babar Sumsher and Mohan Sumsher. Thus, this constitution remained the
constitution without implementation.
2. Interim Governance Act of Nepal 2007 BS
After Rana rule was overthrown, this constitution was promulgated by King
Tribhuwan on 27th Chaitra 2007 BS. It was the first constitution promulgated by
the king. It contained 7 parts, 73 articles, and 3 schedules.
Main Provisions:
All the executive power is vested in the king and council of ministers.
Provisions of directive principles and policies of the state.
Provision of fundamental rights within the directive principles.
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Other provisions such as the Supreme Court as chief of the judiciary, the
Public Service Commission, Election Commission, and so on.
Weakness
The principle of separation of power was not accepted.
The Council of Ministers could be formed and dissolved by the king.
There was no provision to amendment of this constitution. However, it was
amended by the king.
This interim constitution came into effect from 29th Chaitra 2007 BS. It was
amended for 8 times by king. It was effective till 2015 BS.
3. The Constitution of the Kingdom of Nepal 2015 BS
The Constitution of the Kingdom of Nepal 2015 BS was a democratic
constitution in comparison to the constitutions implemented before it. It was
prepared based on the British model. The constitution drafting commission formed
under the chairpersonship of Bhagawati Prasad Singh had prepared the draft of
this constitution. British constitution expert, Sir Ivor Jennings, was also consulted
while preparing this constitution. It was promulgated on 1st Falgun 2015 BS.
through a royal proclamation of King Mahendra. It had 10 parts, 77 articles, and 3
schedules.
Main Provisions:
Constitution recognised as the main law of the state.
Sovereignty is inherent in the king.
Provisions of parliament consisting his majesty the king, general assembly,
and house of representatives.
Provision of formation of Council of Ministers from the parliament.
Other provisions such as the independent judiciary, Supreme Court, king's
emergency power, constitutional monarchy, auditor general, and so on.
Weakness
The fundamental rights could be void by the legislature.
More power bestowed on the constitutional monarchy.
The Prime Minister could form and dissolve the Council of Ministers.
Article 73 and Article 75 of the constitution were only implemented
immediately after the promulgation. The rest of the Articles were implemented
only on 16th Asar, 2016 BS. This constitution was dissolved on 1st Poush 2017 BS
with the royal coup of King Mahendra.
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4. The Constitution of Nepal 2019 BS
King Mahendra introduced the party less Panchayat system in 2017 BS. The
democratic government was dissolved. The existing democratic constitution was
suspended, and the political parties were banned. After King Mahendra took state
power, a six-membered constitution drafting committee was formed under the
chairpersonship of Hrishikesh Shah on 26th Baishakh 2019 BS. The Constitution
of Nepal 2019 BS prepared by this commission was promulgated on 1st Poush, 2019
BS. The main aim of this constitution was to support the Panchayat System by
ruling the nation with a constitution. This constitution had 20 parts, 97 articles,
and 6 schedules. This constitution was amended in Magh 2023 BS, Mangsir 2032
BS, and Paush 2037 BS.
Main Provisions:
The sovereignty of Nepal vested in king.
Constitution was considered as the main law of the country.
The main provision of the constitution was the party less Panchayat System.
The Chief Justice to be appointed by the King.
Weakness
Government accountable to the king not to the people
The first amendment of the constitution included the provision of the party
less Panchayat system in the preamble.
King could order to review the case finalised by the Supreme Court.
5. The Constitution of Kingdom of Nepal 2047 BS
After the success of the People's Movement-I in 2046 BS, an interim
government was formed under the premiership of Krishna Prasad Bhattarai. As
per its responsibility, the Constitution of Kingdom of Nepal, 2047 was prepared
by a ten-member Constitution Reform Suggestion Commission headed by then
Chief Justice, Bishwanath Upadhaya. The cabinet revised the draft based on the
collected public opinion. Then, this constitution was promulgated by King Birendra
Bikram Shah on 23rd Kartik 2047 BS. It was divided into 23 parts, 133 articles, and
3 schedules.
Main Provisions
Constitution is the main law of the nation.
First-time sovereignty is inherent in Nepali people.
The provisions of adult franchise, rule of law, a guarantee of fundamental
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rights, constitutional monarchy.
Provisions of a bicameral legislature, multiparty system, parliamentary
system, and independent judiciary.
6. The Interim Constitution of Nepal 2063 BS
After the success of the people's movement-II (2062/63), the Interim
Constitution of Nepal 2063 was prepared and implemented on 1st Magh 2063 BS.
This constitution was implemented for managing the interim period after the
political change after the people's movement-II. There were 25 parts, 167 articles,
and 4 schedules in this constitution. This constitution was amended many times.
Main Provisions
The system of unicameral legislative parliament.
Provisions of secularism, competitive multiparty democratic system,
recognition of all national languages, and appointment of the Chief of the
Nepal Army by the President.
Sovereignty is inherent in people.
Weakness
The provision of making any decision through political consensus created
problems in making a decision.
Legislative parliament dissolved along with constituent assembly.
6. The Constitution of Nepal
After the democracy introduced in
2007 BS, the Nepali people aimed to draft a
new constitution through the Constituent
Assembly. This wish of people had been
fulfilled only after 65 years. Constituent
Assembly prepared the Constitution of Nepal.
This Constituent Assembly consisted of 601
members elected by people. They represent
people who support different political parties.
President Ram Baran Yadav promulgated it
on 3rd Ashwin 2072 BS. This constitution has Constitution of Nepal
become successful in transforming ten-years
long armed revolution and people's movement-
II into the peace process. This constitution has 35 parts, 308 articles, and 9
schedules.
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Main Provisions
Adaptation of separation of power, check, and balance system.
Committed to ending any kind of discrimination.
Establishment of federalism and republicanism.
Nepal is accepted as a multiethnic, multicultural, multireligious, and
multilingual country.
Open for amendment according to the needs of the nation.
Restructuring of the state, and decentralisation of power.
ACTIVITIES
(1) Complete the following table with appropriate information about the
constitutions promulgated in Nepal and paste it in your class notice board.
SN Constitutions No. of Parts No. of Articles No. of Schedules
1
2
3
4
5
6
(2) Discuss among the friends on what should be done to make the promulgated
constitution long-lasting? Then note down the points accepted by the majority
in the class.
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EXERCISE
(1) Give short answers to the following questions.
(a) Why is there a frequent change of constitutions in Nepal? Explain its causes
in brief. Write down the qualifications required to be a member of the
legislative in Nepal.
(b) “The Constitution of Nepal (2072) is the document of mutual understanding
among political parties and people.” Justify the statement in your own
words.
(c) Which constitution is more democratic between the Constitution of the
Kingdom of Nepal, 2015, and the Constitution of the Kingdom of Nepal
2047? Justify your answer with any four appropriate points.
(d) Enlist the main provisions and weakness of the Nepal Government Act 2004.
(2) Give long answers to the following questions.
(a) Why could the first written constitution of Nepal not be implemented? Write
any two main provisions and two weaknesses, each of the promulgated
constitutions.
(b) Complete the following table and construct a timeline to show them.
SN Name of Constitutions Date of promulgation
1
2
3
4
5
6
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Lesson
5.3 Constituent Assembly
Introduction
A Constituent assembly is a group of the people's representatives formed to draft
the constitution as per people's will and aspiration. Constituent assembly is a result
of democratic movement and struggles. This is a process of drafting a constitution
with people's participation. This process provides a chance for the people to write
their own constitution. Therefore, this is considered a democratic practice to draft
the constitution.
Need and Importance of Constituent Assembly in Nepal
The process of preparing the constitution through the people's representatives
(Constituent Assembly) is a democratic practice. The tripartite Delhi Compromise
in 2007 BS expected to draft the democratic constitution through the Constituent
Assembly in Nepal. However, it could not be done on time due to various reasons.
Many constitutions were prepared and tested. They could not fulfil the wish of the
people and proved themselves as inefficient and ineffective. Later, the formation
of a Constituent Assembly to draft the constitution was made a demand of the
decade-long Maoist insurgency and people's movement-II in 2063. After the success
of the movement, most of the political parties were prepared for the election of the
Constituent Assembly.
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This process of preparing the constitution through the Constituent Assembly formed
by the people's representatives is the best democratic practice. It institutionalises
the sovereignty inherent in people and makes people more powerful. It also ensures
the proportional representation of people in all the organs of government.
Faith of People on the Constitution Prepared by the
Constituent Assembly
The main reason for having people's faith in the constitution prepared by the
Constituent Assembly is inclusiveness in its formation. More people's participation
with inclusiveness is assured in the process of the constituent assembly. There is
a proportional representation based on the caste, genders, language, religion, and
composition of the population. There are various process of approving the draft of
the constitution and legitimating it in the constituent assembly.
Formation of Constituent Assembly in Nepal
According to the provision in the Interim Constitution of Nepal 2063, the constituent
assembly consisted of 601 members composed on the following three bases.
240 members elected from First Past the Post-election system.
335 members elected on the basis of the proportional electoral system.
26 members nominated by the council of ministers.
Inclusiveness of the Constituent Assembly
The main purpose of the Constituent Assembly was to draft a real democratic
constitution according to the will and aspiration of the people. Therefore, the
Constituent Assembly was made highly inclusive. The following provisions ensure
inclusiveness.
There was a provision of representation based on gender, geography, and
population to select the candidates for the first-past-the-post electoral system
as per the inclusive principles.
There was a provision of having at least one-third of women participation in
total members from both electoral systems.
There was a constitutional provision that the political parties should consider
the representation of the oppressed group, poor, peasants, and physically
challenged people while listing the candidates according to the proportional
election system.
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Tenure of the Constituent Assembly
Nepal had conducted the election of the constituent Assembly two times. The first
election of the Constituent Assembly was conducted on 28th Chaitra 2064 BS.
According to the provision of Interim Constitution 2063, tenure of the Constituent
Assembly was four years from the date of its first meeting. However, the tenure can
be extended by six months in case of failing to complete the constitution drafting
process due to critical situation prevailed in the country. The first meeting of this
constituent Assembly was held on 15th Jestha 2065 BS. The first Constituent
Assembly was dissolved on 14th Jestha 2069 BS. without completing its task to draft
new constitution. Then, the second Constituent Assembly election was held on 4th
Mansir 2070. This Constituent Assembly completed the draft of the constitution.
Then, President Ram Baran Yadav promulgated the Constitution of Nepal on 3rd
Ashwin 2072 BS.
ACTIVITIES
(1) Why was the need for constituent assembly felt in people's movement
2063/63? Discuss in the class and note down the reasons.
(2) Prepare a speech on “the success and popularity of a constituent assembly
totally depend on its composition as per the principle of inclusiveness” and
deliver it in the class.
EXERCISE
(1) Give short answers to the following questions
(a) How does the formation of the Constituent Assembly differ from other
commissions formed to draft the previous constitutions? Explain your answer
with examples.
(b) What is the Constituent Assembly? Differentiate between Parliament and
Constituent Assembly in three points.
(c) What provisions were there in the Interim Constitution, 2063 for making the
Constituent Assembly more inclusive? Write any four facts.
(2) Give long answers to the following questions.
(a) The time taken by the Constituent Assembly to draft the constitution in
some countries is given below. Construct a bar chart and explain.
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SN Countries Time taken to draft constitution
1 Italy 2.5 years
2 India 3 years
3 South Africa 4 years
4 Lithonia 5 years
5 Nepal More than 7 years
(b) Complete the following table and construct a timeline to show them.
SN Date Events
1 11th Baishakh 2063 BS ........................................
2 ........................................ The Interim Constitution 2063 was
promulgated.
3 28th Chaitra 2064 BS ........................................
4 ........................................ The first meeting of first constituent
assembly was held
5 14th Jestha 2069 BS ........................................
6 ........................................ The election of the second constituent
assembly was held.
7 3rd Ashwin 2072 BS ........................................
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Lesson
5.4 Fundamental Rights
Rights are those claims which are accepted by society, granted by a state and
achieved by performing duties related to them. The rights are also the legal, social
or ethical principles of freedom. They are essential for all-round development of a
person. The democratic countries assure basic rights to the people through their
constitution. Such basic rights that are to be acquired by an individual to live
with dignity, respect and as a citizen of the nation are called the fundamental
rights. They are also called constitutional rights as guaranteed by the constitution.
Such rights are effective within the country. The universal political, economic and
socio-cultural commitments have been transferred into the fundamental rights in
different countries through their own constitution.
The fundamental rights have the following characteristics.
(a) Acquired by citizen
(b) No Hierarchy
(c) Guaranteed by Constitution
(d) Punishment in case of violation
(e) Suspended during state emergency
The Constitution of Nepal has made the provision of 31 fundamental rights in part-
3, Article 16 to 46.
• Right to live with dignity (Article 16):
According to the provision of this article given in the constitution of Nepal,
every person shall have the right to live with dignity. No law shall be made
providing for capital punishment (death penalty) to anyone.
• Right to freedom (Article 17):
As per this article, every citizen shall have the following freedoms:
(1) Freedom of opinion and expression,
(2) Freedom to assemble peaceably and without arms,
(3) Freedom to form political parties, unions and associations,
(4) Freedom to move and reside in any part of Nepal,
(5) Freedom to practise any profession, carry on any occupation, and establish
and operate any industry, trade and business in any part of Nepal.
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• Right to equality (Article 18):
This article has the following provisions regarding the right to equality.
(1) All citizens shall be equal before the law.
(2) No person shall be denied equal protection of the law.
(3) No discrimination shall be made in the application of general laws on
the grounds of origin, religion, race, caste, tribe, sex, physical condition,
condition of health, marital status, pregnancy, economic condition,
language or region, ideology or on similar other grounds.
(4) The state shall not discriminate citizens on the grounds of origin, religion,
race, caste, tribe, sex, economic condition, language, region, ideology or on
similar other grounds.
(5) No discrimination shall be made on the ground of gender with regard to
remuneration and social security for the same work.
(6) All offspring shall have the equal right to ancestral property without
discrimination on the ground of gender.
• Right to communication (Article 19) :
(1) There shall be no prior censorship of any publication and broadcasting any
news item, editorial, feature article and other reading, audio and audio-
visual material through any means whatsoever, including electronic
publication.
(2) No any media such as radio, television, online and others shall be closed
or seized, or its registration can be cancelled based on the reason of
publication, broadcasting or printing any news items unless done being
biased.
(3) No means of communication, including the press, electronic broadcasting
and telephone, shall be interrupted except in accordance with the law.
• Rights relating to justice (Article 20):
The rights relating to justice states that:
(1) No person shall be detained in custody without informing him or her of
the ground for her or his arrest.
(2) Any person who is arrested shall have the right to consult a legal
practitioner of her or his choice from the time of such arrest and to be
defended by such legal practitioner. Any consultation made by such
person with, and advice given by, her or his legal practitioner shall be
confidential.
(3) Any person who is arrested shall be produced before the adjudicating
authority within a period of twenty-four hours of such arrest, excluding the
time necessary for the journey from the place of arrest to such authority;
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