Nova Social Studies 10

if not handled in time eat away the development of society and throw it into the abyss of backwardness. Every
society faces some or the other kind of social problems. Actually, prevalence of social evils in a particular
society depends upon the dissemination (spread) of education, scientific temper and the level of economic
development. A social problem retards the all round growth of an individual and breaks the harmony of the
community by turning it into regressive, parochial (narrow-minded) and divided group. Social problems
violate the universal values of freedom, equality and justice. Thus, social problems, if allowed to run their
course, will cause either demise or destruction (diminution) of a society.

Human Trafficking – Meaning and Nature

Human trafficking (also known as trafficking in persons) is the illegal movement of people, most commonly
for the purposes of trading in human beings, commercial sexual exploitation (prostitution), trading in human
organs against law, forced labor, child labor, forced adoption or others. Human trafficking is the modern-day
slavery and involves the use of force, fraud, or coercion to trap the people for involving them in activities for
which they have never consented. Therefore, human trafficking is a serious crime and a grave violation of
human rights. Human trafficking has been defined by the ‘Human Trafficking and Transportation (Control)
Act Nepal (2064 BS)’. This Act is in operation throughout the country and anyone committing an offence
against Nepali citizen under this Act from the foreign land shall also fall under the purview of this Act. As
per the Human Trafficking and Transportation (Control) Act (2064 BS), human trafficking is committed if
anyone sells or buys a person for any purpose, forces someone into prostitution with or without financial
benefit, removes human organs except otherwise determined by law. Human trafficking generally goes
along with the movement (popularly called transportation) of a person being trafficked (victim). Human
transportation as a part of trafficking takes place when a person is taken out of the country for the purpose
of buying and selling or to take anyone from his/her home, place of residence away from parents/legal
guardian by using any means such as enticement, inducement, misinformation, forgery, tricks, coercion,
abduction, hostility, allurement, influence, threat, abuse of power and so forth to drag him/her into
prostitution, slavery or any other kind of exploitation. Earlier, women were targeted more pushing them
into prostitution and forced labor but lately children have become the soft target for traffickers. Children
are being employed at low salary, forced to do hazardous works in factory, construction sites and in circus.
Nepali men, women, and children are subjected to forced labor in Nepal, India, the Middle East, Asia, and
the other parts in construction, factories, mines, domestic work, begging, and prostitution. Thus, Nepal is
a source, transit, and destination country for men, women, and children subjected to forced labor and sex
trafficking.
The human traffickers target those people who suffer from poverty, unemployment, illiteracy and social
discrimination in Nepal. Nepal is the land of both natural as well as man-made disasters. Natural calamities
like earthquake, flood and landslides displace the people from their original place of residence and make
them lose the bread-earners and limited property they have. They become vulnerable and desperately look
for opportunities to economically support themselves and help out other family members. Small children,
both boys and girls, become helpless in such a situation when disaster strikes. Human traffickers lure them

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in the name of giving protection and security only to sell them for slavery. Moreover, man-made disasters
like political instability, poor economy and delayed justice, and disorganized development work force many
men and women to seek employment opportunities outside Nepal. Human traffickers take advantage of
such situations and transport them into slavery and other exploitative work. Nepalese women who have
been subjected to gender discrimination, domestic violence, child marriage, child labor with little or no
education fall in the hands of human traffickers who falsely assure them of good life in foreign land or in any
city across the world. There are others who have already been the victims of rape, polygamy and physical
and psychological abuses at early or later phase of their life. Such victims get trafficked as they are not
accepted back in the community. Parents and guardians of children are not very sincere and they part with
their children by giving them away to traffickers in the hope of earning money through child labor. Human
trafficking is a hidden crime. The victims of human trafficking rarely come forward to seek help because of
language barriers, fear of the traffickers, fear of being rejected by the society and/or fear of law enforcement.
This is why it becomes difficult to completely eliminate this social problem. As already mentioned in the
previous paragraph, traffickers look for people who are susceptible for a variety of reasons, including
psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disasters,
or political instability. The trauma caused by the traffickers can be so great that many may not identify
themselves as victims or ask for help, even in highly public settings.

Although Nepal’s commitment to fight human trafficking is strong on paper yet human trafficking has
not stopped in the society. Article 29 of the Constitution of Nepal 2072 BS (2015 AD) has guaranteed the
fundamental right against exploitation to every citizen – child, man and woman of Nepal. According to
Article 29, “No person shall be subjected to human trafficking or bonded labor or forced labor.” Such an act
shall be punishable by law. The NHRC (National Human Rights Commission – an autonomous constitutional
body) comes forward to protect and preserve the fundamental rights of the citizens and prevent them from
being abused. For example, the NHRC was very active during the April 2015 (Baisakh 2072) earthquake in
Nepal. People were helpless in those days and human traffickers had spread their network to traffic children,
men and women out of the country. The Commission was very much conscious of the fact that after such a
disaster people are targeted for abuse. In the aftermath of the quake, child traffickers tried to abduct children
who had lost their parents in the quake. The organ traffickers targeted the poor people in Nepal and offered
quick cash for people willing to sell their kidneys. In such a trying situation, the NHRC set up mobile camps
across the country where they looked after the immediate needs of the people and talked to people about
their problems in order to lessen the number of human and organ trafficking. The GoN (Government of
Nepal) has also drafted a National Plan of Action (NPA) against Trafficking in Children and Women for
Sexual and Labor Exploitation in 1998, which was even revised in 2001.

A. Girl (or woman) Trafficking: The girl (or woman) trafficking is the enticement or abduction of a woman/
girl into prostitution or any other kind of slavery (such as forced labor) with or without her wish. Girls and
women are taken out of their familiar surroundings and sold to brothels, dance clubs, night clubs and to
any other person/place making them engaged in forced labor or modern day slavery. The purpose of girl
trafficking is of course to throw a girl or woman into servitude where she cannot decide for herself. Nepali
women and girls are subjected to sex trafficking in Nepal, India, the Middle East, Asia, and sub-Saharan
Africa. Human traffickers entice the girls and women by giving them assurance of employment in foreign
countries, good money and high standard of living, good food and fancy clothes, traveling to different cities
of the world and in some cases marriage to a wealthy person. Women and girls from the rural areas and
remote districts of Nepal easily believe in the false assurances given by the manipulative human traffickers
because they want to come out of the vicious cycle of poverty, domestic violence, and gender discrimination.
These girls and women are less exposed and have no idea of dishonest, pretentious and fraudulent ways of
the traffickers. They fall in the hands of traffickers only to repent throughout their life. Lack of education and
skill training and absence of proper guidance by guardians (parents) make them less aware about the ways
of the people. Hence they get trafficked.

Government of Nepal is fighting to end girl trafficking by taking institutional and departmental actions.
Nepal Police, Ministry of Women and Child Welfare, National Women Commission, National Human Rights
Commission, District Development Committees and Central Investigation Bureau act both independently
and in coordination according to the demands of the situation in order to fight the social evil of girl trafficking

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and nab the traffickers. Non Government Organizations (NGOs) like Maiti Nepal, ABC Nepal, Didi Bahini
and Shakti Samuha, ‘Network Groups against Trafficking’ (a 98-NGO-strong pressure group) are actively
fighting to end the social evil of girl trafficking in Nepal. Thanks to the organizational and institutional
efforts to curb girl trafficking, human traffickers and their networks are getting busted and many of them
have been arrested with the help of both Nepali and Indian police. Many of the trafficked girls have been
rescued and are being rehabilitated by being given essential skill training to survive and settle down in life.
However, the illegal migration to foreign countries in the name of employment has turned out to be another
method of human trafficking.

Girls Deserve respect and acceptance by society. Do not exploit and abuse them
Other social institutions like media (through newspapers, magazines, radio, television and internet),
educational institutions (schools, colleges and universities) and entertainment industry through cinema,
drama and theatre must sensitize the people regarding the social problem of girl trafficking and raise their
understanding about girls’ education and gender equality. The parents and guardians of girls and women
have to be more vigilant and alert in connection with human trafficking. Girls and women need to appreciate
the reality of life and must not get carried away by fanciful desires in life. They should stress on their
education and skill training to be self-employed or get hired by other entrepreneurs. The well-coordinated
efforts taken up by the government and non-government organizations, local community and the family
are very useful in protecting the girls and women from human trafficking. The police and investigative
departments have to play very active roles in busting the human trafficking network and nab the criminals.
Human traffickers must be given the harshest punishment by amending the law to desist others from joining
the racket of girl trafficking.

B. Child Trafficking: Child trafficking is the crime of taking away a child (boy or girl) from his/her home
with or without the consent of parents or guardians for slavery and prostitution. Children are sold and
bought like goods in the market in order to make them work in circus, hazardous industries, brick kilns,
and embroidered textile or forced to become bonded laborers toiling in agriculture, stone quarries, and
domestic work and so forth. They are also compelled to join the gang of beggars and criminals. Children
get trapped in the net of organ traffickers who remove their internal organs for sale. Their childhood is
crushed by snatching them away from schools, playgrounds and homes. Nepal has a long history of child
trafficking and exploitation. Girls get sold into prostitution or domestic slavery while boys get trapped
into forced labor. Parents and guardians agree to send their children away with the traffickers hoping to
get out of poverty or to satisfy their own greed. Very often, traffickers coerce parents into relinquishing
their children to orphanages in order to benefit from the adoption deals. Unfortunately, fake adoption is
nothing but the trafficking racket to transport children into slavery and servitude. Parents of trafficked
children are bluffed with the lures of good education for children and improved quality of life for the entire
family. Government officials are reported to have been bribed by traffickers to forge their age and essential
information on passport for taking them to foreign land.

The GoN (Government of Nepal) must coordinate with local organizations, family and other NGOs working
in this field to stop the traffickers from forging the documents of children and adoption certificates without
proper verification. Parents and guardians have to remain alert to pin down the motive and intention of
persons demanding children from them or to whom they have decided to give them away. Even children
have to be trained and oriented to deal with dangerous situations in the hands of traffickers. Children must

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be given secret help line or some address to seek help when they feel they are being exploited or abused
anywhere in their life. The Government authorities must stand ready for the help of the children and must
decline any offer of bribe or influence from the side of traffickers for the welfare of the children. The entire
community should come forward united to identify those who are helping the traffickers and hand them
over to the police. It is high time that all the institutions, organizations and individuals in the community
paid serious attention to children’s protection and their welfare so that traffickers are discouraged to trap
them.

Children are not commodity to be sold in the market

Child trafficking will come down drastically if the following steps are taken without delay:
1. Providing facilities and opportunities for children’s education,
2. Spreading awareness amongst the parents and guardians regarding children rights, strict supervision

in factories, industries and hotels for stopping child labor,
3. Coordinating efforts of government and non-governmental organizations to rescue and rehabilitate

the trafficked children,
4. Arresting the traffickers and those who help them and giving them the harshest possible punishment.

A child is a human being with a range of rights to enjoy his/her childhood. Childhood begins right from
the birth of a human being and lasts till the age of adolescence, say 16 years of age. Children are the greatest
asset of a country because the potential of development of a country rests in their hands. They represent the
bright future of our country and carry our hopes for a better nation. We as a sensible society cannot wait any
longer to see our children being trafficked, abused and exploited with lax implementation of laws unable
to curb the menace of child trafficking. Child trafficking is a shame on all of us as being sincere citizens of
Nepal. The Nepalese society needs to stand up to defeat poverty, check domestic violence and control the
negligent behavior of parents and guardians so that Nepalese children get the right environment for healthy
growth and proper education. Sometimes, thwarted ambitions of parents make the life of children miserable
as parents want them to fulfill the lofty ambitions. Children buckle under parents’ pressure and decide to
leave home only to fall into the trap of traffickers. As the Chilean poet Gabriela Mistral (the 1945 Nobel prize-
winner in literature) once suggested: “Many things we need can wait. The child cannot. To him we cannot
say tomorrow, his name is today.” If parents, guardians, community members and the government fail to
take care of children’s urgent need today, then everything right from the child’s life to family future and
nation’s development is completely ruined. Our children, because of their age and being dependent upon
others, are the most vulnerable members of society. Protecting our children from human trafficking must
be a national priority. Unfortunately, the advances in computer and telecommunication technology have
allowed the traffickers’ dirty hands to reach our children without our knowledge. Traffickers are trapping
the children through social networking and internet sites to abuse them both physically and emotionally.
Children need sincere guidance as to how to use telephone, internet and how to understand people’s motive
when they get closer.
The United Nations’ 1989 Convention on the Rights of the Child, or CRC for the first time recognized the

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full range of human rights – civil, cultural, economic, political and social rights to be given to every child on
this planet Earth. The Convention gave respectful status to children as human beings with a distinct set of
rights instead of being treated as helpless dependents looking for mercy, care and charity. The Constitution
of Nepal, 2072 BS has given special place to the right of children in the long list of fundamental rights
mentioned in Part III. Article 39 of the present constitution amongst other things declares that no child shall
be subject to illegal trafficking, kidnapping, or any kind of hostage. It further says that no child shall be
employed in factories, mines, or in any other hazardous works. At the end, let us make a pledge to end child
trafficking in/from Nepal.

C. Human Organ Trafficking: Medical science has reached a stage where human organs, particularly the
internal ones, can be replaced or transplanted if they become dysfunctional. Usually, family members or
close friends or some benevolent persons come forward to donate their organs for transplanting them in
patient’s (recipient) body. Even organs from a deceased (dead) person can be taken out in case close relatives
of the deceased agreed to it. There is also a provision of donating human organs after a person dies through
declaration made in a WILL. Nowadays, we hear a lot about kidney and liver transplantation to save human
life. Donated organs are taken either from a deceased person or from a person who is alive. Living donors
can decide to donate a kidney, part of the intestine, part of the liver or lungs or part of the pancreas.

It is fine to donate human organs for saving the life of a patient in human society but the problem arises
when other lives are destroyed by taking human organs from their body by force or deception. A black
market trade in human organs has created a brigade of middlemen and a network of traffickers who scout
villages for potential donors, whom they sometimes lure with money and false promises of a job in the
city. The open sale and purchase of human organs by taking advantage of social or economic conditions
of donors or forcing donors to give the vital internal organs have made it a criminal activity. Illegal trade
and trafficking in human organs causes physical and financial exploitation of living donors. In some cases,
they are even killed by traffickers to take out their vital organs. It is estimated that around 42 percent of
the total organ transplant comes from illegal trade and trafficking in human organs. It is a huge market
for traffickers of human organs. In recent years, kidney failure has soared due to irregular life style and
unhygienic food. Organ failures are generally caused by lifestyle diseases and most often affect the rich,
which leads to the possibility of exploitation of poor through illegal organ trade. Both India and Nepal have
reported high rise in kidney transplant cases amongst the patients. Besides, patients are approaching the
doctors for transplantation of eye cornea, lungs, liver and other internal organs. Out of a sudden, demands
for internal human organs have gone high thereby creating lucrative (profitable) business of trafficking in
human organs.

The sale and purchase of internal human organs has created illegal market.
In illegal trafficking of human organs, vital internal organs such as kidney are taken out by any one or
more methods of cajoling, befooling, forcing, manipulating, drugging or in extreme cases even by killing a
person. In such a case donors do not consent to donate their organs by exercising their free will and sound
mind. Traffickers of human organs target those who are caught in the web of poverty and illiteracy by
luring them to pay money in exchange of their organs. Steps like containing poverty, imparting skill training
and education in both rural and urban areas to vulnerable sections of society will stop the traffickers from

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maneuvering them for getting human organs. There are doctors and nurses who are involved in this human
organ racket. They must be arrested and punished for the crime of operating on a human body and stealthily
taking out organs without the valid consent of a person. Several such cases have come to light where a
patient approaches a doctor for the treatment of kidney stone and agrees to minor operation but his other
organs are taken out. Medical profession slides down to disrepute due to such crooks acting purely out of
greed rather than being ethical to their medical profession and morally right to the patients or any person
who approaches them (or to whom they approach) for help. However, if doctors remind or ask the families
to donate organs of their deceased loved ones then there is nothing wrong in it. This will solve the country’s
organ shortage which has fuelled a black market trade in organs.

Words and terms you would like to know

Abyss (n.): hell, terrible situation
Coercion (n.): the use of force or threats to make somebody do something against his or her will
Lure (v.): entice somebody
Enticement (n.): an act of temptation by offering something attractive
Inducement (n.): a prospect or reward that gives somebody a reason for acting in a specific way, especially something
that is offered as an incentive
Forgery (n.): the act of making or producing an illegal copy of something so that it looks genuine, usually for financial
gain
Susceptible (adj.): easily influenced or affected by something
Vulnerability (n.): state of being open to physical or emotional abuse
Allurement (n.): a very powerful attraction but dangerous in nature
Hazardous (adj.): potentially very dangerous to living beings or the environment
Maneuver (v.): to manipulate somebody or something to gain advantage
Pretentious (adj.): extravagantly and consciously showy or glamorous
Fraudulent (adj.): not honest, true, or fair, and intended to deceive people

Activities

1. There must have been one or the other social problem plaguing your community. What types of social
problems are they? What are their effects (impacts) on your community? Discuss with your guardians
and other senior members of the community and write down your conclusions. Share the final
conclusions with the class.

2. Prepare posters to draw attention of the people towards the social problem of human trafficking using
sketches and painting. You can take hint from the following but do not copy them and draw on your own.

3. Nowadays, human trafficking is continuing unabated in the Nepalese society. What are the social effects
caused by human trafficking in Nepal? Hold discussion in pair and present your conclusions.

4. “Facing problems in life and struggling to overcome them make a person matured.” Do you agree
with this statement? Are you the example of facing the problems or is there someone who fits with the
description given in the opening statement? Share the views and experiences in the class. What lessons
do you take from such people? Write in points and match with your other classmates.

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5. Quite often we get to hear the news regarding disappearances of children but hardly do we hear
anything about them returning home. Where do these children go and get lost, never to return home?
Hold extensive discussion on the topic in the classroom and prepare suitable answers in the best possible
manner.

6. Incidents of transporting humans for illegal trade of organs are coming up in media nowadays. Are
such activities of organ trade going on in your area? Visit your area and prepare a report on it.

7. Visit the nearest police station or public security agency to have a discussion on illegal human trafficking
in Nepal and to find out the legal provisions mentioned in the Human Trafficking and Transportation
(Control) Act, 2064 BS. Prepare a report on it and present the same in the class.

8. The two major earthquakes that hit Nepal in Baishakh 2072 claimed around 9,000 lives and destroyed
over half a million homes. Vulnerable families who had lost everything became the targets for human
traffickers attempting to exploit men, women and children.
I. Discuss the safety measures to be taken at local community level in order to avoid the cases of
human trafficking during times of disasters in Nepal.
II. Look at the following data and convert it into well organized analytical essay by choosing a title on
your own. Also draw a bar diagram to represent all the facts highlighted in the data given below.

Exercise

1. What is meant by social problem? Illustrate briefly.
2. Human trafficking is a social problem. Critically evaluate the statement.
3. Critically analyze why Nepal is facing increasing trend of illegal human trafficking.
4. Define girl trafficking. Illustrate the causes of girl trafficking in Nepal.
5. Suggest ways to end girl trafficking in Nepal.
6. What do you understand by ‘trafficking in human organs’? Specify the ways to stop trafficking in

human organs.
7. Human trafficking is condemned as a violation of human rights. Evaluate the statement with the help

of appropriate examples.
8. What are the legal and constitutional safeguards available to Nepalese women and children as protection

against being trafficked?
9. Laxity in law implementation has emboldened the human traffickers to carry out their criminal activities

in Nepal. Examine the statement with suitable examples.
10. “The traffickers promise education, meals and a better future. But the reality is that many of those

children could end up being horrendously exploited and abused.” Suggest ways to prevent child
trafficking in Nepal.

Community Work

Meet a senior citizen of your community. Have a discussion with him to compare and contrast the social
problems of the past with those of present days. Analyze the nature and types of the social problems of the
past and the present days. Find out the differences between them.

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Lesson Domestic Violence and

2 Untouchability

The present-day society is heading towards modernity and undergoing modernization. However, traditional
ways of life and customs are still in practice (use). It is not that everything of the past has to be sacrificed at
the altar of modernity. There are some good practices of the past that deserve their continuation but those
practices which promote domination and discrimination within the family, community and society must be
discarded. One such practice that deserves immediate rejection is the discrimination based on gender and
caste because its ugly manifestation comes in the form of domestic violence and untouchability respectively.
A. Domestic violence: Domestic violence means the inflicting of physical or/and emotional injury by one
family (or household) member on another either irregularly or regularly. Domestic violence is a chain of
abusive human behaviors which affects all the family members: men, women and children. However,
women are the worst victims of domestic violence at various levels in most of the cases. Domestic violence
can be targeted against the children by adult members or children may also target adults. Mostly, disputes
between wife and husband leads to abuse of each other ending up as domestic violence. Husband may
also be the victim of domestic violence but the social structure of Nepalese society makes women the likely
victims. Domestic violence creates horrifying situations in the family. There is a very huge probability that
children whose parents have an abusive relationship feel either depressed or become abnormally aggressive
(violent). A family having a history of domestic violence becomes the breeding ground of psychological
diseases and in extreme cases may lead to grievous injury on victim’s body, suicide or even killing.

Domestic violence spoils the home environment and makes it a living hell.
Domestic violence is abusive behavior that is used to gain or maintain power and control over an individual.
The types of abuses vary from being physical (slapping, stabbing, punching, drug abuse, choking, shooting),
emotional (insult, criticism or humiliation), sexual (such as molestation, rape) and financial (when supply
of money is stopped and movement is checked). Domestic violence is a widespread problem in Nepal.
Cultural, economic and religious factors reinforce (strengthen) male dominance and female subservience.
There are various reasons behind domestic violence like dispute of family property, lack of trust between
wife and husband, cheating (deception) by wife or husband, criminal or addicted personality of a marriage
partner or any other member of a family, poverty, illiteracy so on and so forth.

Effects of Domestic Violence

1. Living in continuous mental tension, anxiety, fear and depression
2. Lack of focus (concentration) on work in hand, day-dreaming and mental deflection (mood swing)
3. Poor decision making ability, prone to drug addiction and alcoholism, showing suicidal tendencies

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4. Frequent quarrels in the family and breaking off relationship with family members

5. Earning disrepute in society, ruining family prestige and getting alienated or ostracized in the society

6. Generation of feeling of insecurity and negative emotions in old members and children.

Measures (steps) to Stop Domestic Violence

1. Spreading awareness regarding peaceful and harmonious family life

2. Raising the consciousness level of family members so that they understand the importance of mutual
love and respect more than greed and ghastliness

3. Behaving with other family members in accordance with their sensitivities and not forcing things
against their will (desire), taking important decisions by involving them

4. Maintaining equality in treatment in a group of family members without showing obvious preference
to one or the other member

5. Respecting the adults and showing affection to young ones in the family

6. Listening to each other’s problems and offering solutions to them with sincerity

7. Getting united to check a family member who becomes violent or abusive towards others,

8. Informing police or law-enforcing agencies in case a family member is unstoppable in his/her abusive
behavior

9. Keeping positive feelings and thoughts even in the face of disputes or discords with another family
member

10. Acting and being civilized and disciplined in thoughts and behaviors

Domestic violence adversely affects the dependency relationship within a family than anything else. Every
sector of civil society in Nepal responds to domestic violence by encouraging compromise between the
family members. It is because breaking off a family exposes women, children and old persons to uncertain
future. All of them are in the dependency relationship. It is only in extreme cases where victims are left
with no option except to leave the family, legal actions are taken against the abusers in regard to domestic
violence.

B. Untouchability: Untouchability is the social injunction not to touch or be in association with a human
being of a certain caste or sub-caste. Untouchability is not only a social practice but it is also an attitude
held by domineering castes (communities) against the lower castes (communities) referred to as Dalits.
Untouchability is a direct product of the caste system. Untouchability is the social problem because its
practice violates the dignity and respect of fellow human beings branded as Dalits (the suppressed ones).
In addition to this, nobody is to be discriminated or simply declared as untouchable because s/he does
menial or manual work. Once again it is gross disrespect to right to work and dignity of labor. Every work
is important in its own way and hence those who are engaged in manual work must not be degraded to or
treated as untouchables. At the village level Dalits are barred from using wells used by non-Dalits, forbidden
from going to the barber’s shop and entering temples because they are considered impure and polluted.
This is so disgraceful that the practice of untouchability turns fellow human beings worse than animals. As
animals can wander around but not the Dalits, they are humiliated on the basis of birth for no fault of their
own. Dalits usually live in separate areas away from the dominant castes. In case a Dalit rebels against this
unfair treatment, the entire Dalit community fears aggression, attack and arson on or against them.

Untouchability is a demeaning practice which defiles (pollutes) the human birth. Although the caste system
in Nepal was officially abolished a century ago, it continues even today in varying degrees all over the
country. Even in the new Muluki Ain (2020B.S.), prevalence of such practice was declared illegal. The
Constitution of Nepal (2072 B.S.) has strictly banned any form of “untouchability” in any part of the country
and has made this practice punishable by law (Article 24, Part-3 of the Constituion). The social stigma of
“untouchability” does not simply exist among Hindus only, even ethnic communities and other religious
groups like Muslims, Christians and Buddhists suffer from it. For example, the Jugis have been placed
at the bottom of the Newar caste hierarchy and are among the poorest of the lot. Jugis are traditionally
associated with the work related to tailoring, funeral rites and music making. Just like the Dalits, they face
discriminatory treatment as untouchables.

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Dalit children deserve to be sent to school

Effects of untouchability

1. Developing feeling of inferiority and self-denigration
2. Unable to get needed facilities and opportunities to make progress in life
3. Losing social respect in a society
4. Existence of social disputes and divisions
5. Mounting conflicts, tensions and resentments in a society
6. Weakening social cooperation and goodwill

Ways of ending untouchability

1. Raising the consciousness of the people and spreading awareness on this issue,
2. Making education accessible to all to change the attitude and behaviour of the people,
3. Strict implementation of laws and the decisions of the Supreme Court on ending untouchability,
4. Promoting people’s participation and community involvement in development work at local level,
5. Mainitaining social inclusiveness in all the festivals and occasions,
6. Provisions for positive discrimination in order to give scholarships and admissions to educational

institutions and creating jobs (works) for their survival and dignity.

Words and Terms you would like to know

Horrifying (adj.): making somebody shocked or dismayed
Molestation (n.): using force or threat for unwanted sexual attentions on somebody, especially a child or physically
weaker adult
Dominance (n.): control or command wielded over others
Subservience (n.): submission to the wishes or orders of others
Ruin (v.): to fall into a state of complete destruction or loss
Domineering (adj.): showing a desire or tendency to exercise excessive control or authority over others
Arson (n.): the burning of a building or other property for a criminal or malicious reason
Accessible (adj.): easily available; easily reached; approachable

Activities

1. Investigate if domestic violence is going on in your neighbourhood or family. In case domestic violence
is indeed going on, find out its nature and type. Prepare detailed description on it and present the same
in the class. Also suggest both preventive as well as curative measures to end this social problem of
domestic violence in our society.

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2. Here are a few paintings and sketches for you. Observe them carefully and express your views in context
of domestic violence and untouchability. And draw posters with relevant messages to spread awareness
on these two issues in our society.

3. The following are two quotes by Mahatma Gandhi and Baba Saheb Dr. Bhim Rao Ambedkar, world
famous personalities who fought for their entire life to end untouchability and eliminate the caste-based
discriminations in all forms.

Hold a discussion on understanding the meaning, nature and scope of the above two quotes (thoughts).
4. Even in 21st century, the practice of untouchability in some form or the other is continuing in the

Nepalese society. Nepal has both laws as well as relevant provisions in the constitution to stop this
inhuman tradition practiced from day-to-day through human behaviours. But, the bigger challenge is
their enforcement, which requires political resolve (will power) more than anything else. Suggest the
ways (steps or measures) to be taken for ending caste-based discrimination and its worst expression in
the form of untouchability. Write your suggestions in points.

Exercise

1. Define domestic violence. What are its different types?
2. Analyze different causes of domestic violence.
3. What are the effects of domestic violence?
4. What is meant by untouchability? What are the ways to remove it from the Nepalese society?
5. Untouchability is the disgrace (the blot) on the Nepalese society. Prepare a dialogue in line of the

statement.
6. Explain the effects of untouchability on the Nepalese society.

Community Work

Meet the knowledgeable personalities in your community and discuss the ways or measures to be adopted
for removing the social problems of domestic violence and untouchability from our society. Present the
conclusions of your discussion with the community people in the class.

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Lesson

3 Some Evil Traditions/Customs

All the cultures and societies of the world have their unique customs and traditions. Nepalese society too
has a wide diversity of customs and traditions which have evolved over a long period of time. Customs
are social practices which are followed by most people in the society. There may be customs which are
individual and family based. Traditions are those customs which are passed down from one generation to
another. So, a tradition is the passing of beliefs and/or behaviours (practices) from one generation to the
next. Both customs and traditions are essential components of human culture. However, in some of the
cases their original purpose and meaning are lost in the long journey of their practice and these customs
and traditions begin to serve the evil intentions and motives of a group of people. We know that human
culture is never static and we cannot forcefully hold to some customs or traditions indefinitely at the cost
of being outdated and irrelevant in the current situation and present time. If customs and traditions in any
society end up exploiting and suppressing the people, then they are to be immediately rejected. Holding on
to such evil customs and traditions any longer in the name of religion, ethnicity or heredity will only bring
regressive and backward results in the life of both individuals as well as society as a whole. In this connection,
Nepalese society is suffering from some evil customs and traditions which deserve to be discarded without
any second thought. These evil traditions are Ghumto, Deuki, Jhuma, Chhaupadi and Daijo (Dowry).

A. Ghumto Tradition: Ghumto tradition is also known as veil system translated as Parda Pratha prevalent
in different communities in eastern and mid Tarai region of Nepal. Both Hindus and Muslim women follow
this tradition, particularly after their marriage. Muslim women cover their entire body including their face
with Veil (or Burqa). Hindu married women shy away from their ‘in-laws’ and the strangers only to appear
in veil with their covered head and hidden face with the Sari or Shawl or Dupatta. It is considered as indecent
and immodest if any married woman appears with exposed head and uncovered face or body before father-
in-law, brother-in-law and any other stranger.

Ghumto in different patterns showing women in different situations of life

Traditionally dressed ladies usually cover their heads as a mark of respect and shyness, particularly in
front of non-family men or elders. But forced insistence to wear Ghumto (Ghunghat) damages the self-
respect and self-worth of women and girls. They may not like themselves to be in this traditional look (or
behavior) of women (or girls) for 24-hours a day. Therefore, Ghumto is the evil tradition which has been
forced on women. This evil tradition overlooks the genuine problems of women related to health, education,
recreation and so on. Just to keep the Ghumto tradition going, many women in Tarai have been made to
forgo (give up) their basic rights to live their life with dignity. Ghumto has converted women into chattel and
the object for decoration meant for possession. The practice of Ghumto has objectified the female body and
helps in continuation of gender discrimination. Ghumto makes women body-centric and male members of
society refuse to appreciate women for their intelligence, creativity and good behaviour. Married women are
confined to their husband’s house under Ghumto and have no chance to go outside for education and skill
training to become self-dependent. Social change through awareness, education and community support

106 Nova Social Studies Grade-10 >>

is the only way to end this evil tradition of Ghumto. Political and social support will help improve the
conditions of women suffering from Ghumto and end this tradition in its evil form.

B. Dowry (Daijo) Tradition: Dowry is mostly prevalent in urban areas and Tarai region of Nepal where a
bridegroom demands a price in terms of cash and kind from the bride’s family as a condition of entering into
a marriage and then to continue it. If such demands are not met or just partially met by ‘bride’s family’, then
bridegroom’s family may cancel the marriage or even break a marriage if it has already been solemnized (taken
place). Non-fulfilment of dowry demands by groom’s family leads to continuous physical and emotional torture
(abuse) of bride by husband and his family members. There have been cases of killing a bride by burning or
strangulating or beating or poisoning. Dowry related abuses and deaths are the scourge on the Nepalese society.
Dowry related torture and death to bride not only comes from Tarai but in Kathmandu metropolis too. Besides,
experience of regular physical and psychological torture to women in the name of dowry at some or the other
occasion is a common feature in most of the marriages from this region.

Abuse of a woman in the name of dowry will end only by implementation of law and harsh punishment.

Since most women are hesitant to reveal (share in open) their sufferings after being unable to bring the
dowry that their in-laws demand, special women cell and NGOs help-line especially with a view to tackle
dowry related harassment will prove very helpful. The evil tradition of dowry at present downgrades the
glory of being woman because she is not accepted as a person in marriage, rather she becomes the medium
to get cash and goods for the groom’s family. And, what is more pitiable is that she can be thrown out any
time or killed if more goods and cash are not supplied. Can there be anything more urgent than ending this
evil tradition of daijo (dowry)? Daijo Pratha (dowry tradition) is an insult to women and their womanhood.
It is more important than ever to bring full attention of the society to fight this social evil. Although the
practice of dowry has been abolished, dowry related incidents are not on decline in the Nepalese society,
particularly in Tarai because of absence of timely intervention by the police and civil society and lack of
self-conscience. Initiatives taken at individual as well as community level will prove helpful in ending the
dowry demands.

C. Chhaupadi Tradition (Practice): In some of the communities of Nepal, particularly in the western part
of the country, women and girls stay away from their family members and live in “Chhau Home” made
up of tarpaulin, dry grass and logs during their menstruation and childbirth because they are considered
as “impure” during these periods. This traditional practice is known as Chhaupadi. Under the Chhaupadi
tradition, women are barred from participating in normal family activities during menstruation. In some
of the cases, girls and women are sent away to nearby forest or to cowshed to live during the time of
menstruation and childbirth resulting in their death because of snakebite or illness in unhygienic condition
or being targets of rape attempts. Such women spend days and nights in shelters meant for cows and goats.
They are not allowed to take a bath or comb their hair. The practice is not very strict in urban areas but women
still have to stay away from their family members in a separate room. The inhuman practice continues even
after the Supreme Court in 2004 outlawed it, declaring it violation of human rights.

The practice is very common in far-western districts, particularly in Accham, Bajura and Bajhang. According
to superstitious belief, if menstruating women enter the house, God becomes furious and curses the family
members. The menstruating women are not allowed to touch men, go to schools and colleges and consume

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milk products and so on. Although the Supreme Court has issued an order to the government to draft a
regulation and implement it for the abolition of Chhaupadi, the order is yet to be implemented fully. The
practice of Chhaupadi is a gross violation of women’s rights and gender equality. Family members and
community people in villages must understand the implications of leaving girls and women unsafe without
any supervision. There is no scientific basis for such a practice and this realization must be brought in the
people who force their women to stay outside their home during menstruation every month.

Makeshift arrangement for menstruating women called Chhau outside the village
D. Deuki and Jhuma Tradition (Practice): Deuki tradition is prevalent in north-western hilly region of
Nepal amongst Hindu family. According to this tradition, a daughter of one’s own or taken from a poor
family is offered quite often at young age to a temple in the hope of the birth of a son or fulfilling any
worldly desire. Rich people buy the girl child from poor family and make an offer to the temple.
Jhuma tradition is practiced amongst Buddhist communities, particularly Sherpas living in northern
Himalaya in eastern part of Nepal. Like Deuki, Buddhist communities from mountains offer their second
born child to the service of Buddhist Temple (Gumba) and the Lama (Buddhist priest). In case of having
three daughters, the second one is called Jhuma. Similarly, in case of having three sons, the second one is
called Dhawa (Lama). The offering of the second child to the Gumba is considered as religiously meritorious
act which brings great blessings in the form of worldly successes to the donor’s family.
In both the above practices, serious violation of human rights takes place as girls who are offered to temple
(Deuki) or to Gumba (Jhuma) are never consulted. Moreover, girl children are treated as “property” by
guardians-parents when they decide to give the girls away to temple and Gumba for their lifetime and
their rights are violated. These girls grow up at the mercy of priests in temple and Gumba surviving on the
offerings. While growing up they suffer from sexual and psychological abuses and end up becoming ‘unwed
companion’ for the priests and lamas. With the spread of education and strict implementation of laws, such
social evils of donating one’s own child or buying the child from others for donation to temple and Gumba
are expected to come to an end.

MEASURES (STEPS) TO ERADICATE SOCIAL EVILS IN NEPAL

Social evils sap the creative energy of humans in the society and draw people’s total attention to
unproductive and regressive issues. Prevalence of social evils, particularly amongst women, keeps half of
the population away from mainstream socio-economic and political life. Following measures (steps) are
helpful to eradicate social evils in Nepal:
1. Political Initiative: All the laws available at present to curb and eradicate social evils have to be

implemented by political bosses (ministers) by considering the urgency of the matter. Besides,
Government has to come out with a clear national policy to rid this country of all kinds of social
evils to sanitize it culturally in order to create a conducive environment for economic and social
development. Concerned ministries looking after education, child and women welfare and ministry
of finance must find out the common issues that relate with several social evils and work on strategies
to implement them sincerely. Those who perpetrate and encourage social evils for their selfish

108 Nova Social Studies Grade-10 >>

purposes must face harsh punishment. Political leadership must award the social reformers working
at ground level and motivate the right-spirited person to work in this field by giving them respectful
recognition in the society. If South Africa can overcome malicious racial discrimination (apartheid)
through political vision shown by Nelson Mandela as the first black president, then Nepal can also
show strong political commitment to end the social evils in the country.

2. Social and Community Initiative: Since social evils prevail in the community, proactive and
reformative efforts at social and community level have the power to eradicate the social evils.
Education by devising specific curriculum on social evils at school and college level, teaching about
their harmful effects on society from economic and political perspectives in business and economics
classes at Bachelor and Masters level are proactive ways to free the society-community from social
evils. Conducting workshops for training the trainers and other professionals to send them in all the
districts of Nepal to sensitize the community regarding the negative effects of social evils and their
unscientific nature, organizing skits in villages and towns regarding social evils, connecting with
women groups, local and national level organizations are reform measures to get rid of social evils.

3. Individual Initiative: Though education is a social process, yet it has tremendous transformative
value to change an individual’s attitude and values. Society uses education and awareness as a means
of socialization and as a tool to concretize the understanding within individuals about healthy society
bereft of social evils. Every individual, be it within the family or the community, has influence on
other individuals. Having acquired scientific temper and harmonious attitude, s/he will definitely
be able to ward off harmful influences of the social evils within the family and the society. Socially
responsible individuals live with vigil and conduct surveillance within the community and in case
any untoward social practices in the name of religion or otherwise are in effect, they inform the
concerned authority or the police. At the same time, they take individual or collective action within
the limits imposed by prevailing laws against the perpetrators of evils to save the victims.

4. International Initiative: No country in 21st century can exist in isolation just confined to its ignorance
and misfortune. Every country seeks cooperation at political and economic level from other developed
countries and international organizations like United Nations, World Bank, World Trade Organization
etc. If Nepal is provided co-operation and financial help (aids, grants, donations, loans) based on
condition of freeing the society of social evils by assertive political methods, then it will go to a long
way to have perceptible change at the grass root level in Nepalese society.

Words and terms you would like to know

Immodest (adj.): indecent

Insistence (n.): placing demand of something quite firmly in spite of disagreement or resistance from others

Chattel (n.): moveable property

Pitiable (adj.): arousing pity or compassion

Regressive (adj.): less developed conditions; backward situations

Proactive (adj.): taking initiative

Activities

1. Are there any social problems like Chhaupadi, Ghumto or other such evil customs in your society? If
yes, then make a list of those social problems. Out of those social problems, which ones have gravely
destabilized your society? What can be the possible measures (solutions) to eradicate such social
problems? Hold a discussion with classmates and suggest reliable and pragmatic solutions to end them.

2. Prevailing social evils have put women into much more pain and distress than men. Why is this so?
What are the measures or ways to take out the Nepalese women out of such situations and end the evil
practices? Give suggestions.

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3. Nepalese society has been facing a number of stumbling blocks on the path of development because of
evil tradition of dowry (Daijo). Has your society witnessed any unpleasant or disgraceful incident owing
to dowry demands? If yes, narrate the incident before the class and also suggest the preventive measures
to stop the tradition of dowry. Discuss the ways to stop the practice of dowry by making pairs in the class.

4. Print and electronic media have reported the news that the Chhaupadi tradition normally practiced in
mid and far western region of Nepal is not popular only amongst the poor and illiterate sections of society
but also followed by the rich and educated families. Though difficult to believe but it is true that even
educated older women force the younger ones to follow inhuman Chhaupadi and stay deserted outside
home during menstruation period. Given that we are living in the 21st century, how can we bring change
in the society to stop Chhaupadi being practiced in our society? Prepare a dialogue between two students
on this issue and questions being raised here.

5. Nowadays men too are the victims of domestic violence. Wives due to their behaviour, speech and
indisciplined approach to life have been causing a lot of pain to focused, disciplined and progressive men
who have both professional as well as family responsibilities. Such cases have begun to surface where
men in a family suffer in the hands of reckless and irresponsible women. Discuss in a group why women
in certain cases are destroying their home and causing pain and physical harm to men inside and outside
home. What kind of influences are working on them? What are the ways to make such women cooperate
with male members in a family such as father, uncle, brother, son and husband.

Exercise

1. Differentiate between tradition and custom.

2. When does a tradition and custom become dangerous for a society and should be discarded? Explain
with examples in context of the Nepalese society.

3. Both Deuki and Jhuma destroy the future of a child in the name of God and religion. Critically evaluate
the statement by citing appropriate illustrations.

4. What is Ghumto? Why is it considered as social evil?

5. What is Daijo? Why should it be banned?

6. Social evils have afflicted Nepalese society like cancerous tumour and blocked the development of the
country. Critically examine the observation.

8. Giving and taking Daijo is a social crime. Elaborate the statement.

9. Chhaupadi is the result of superstition prevailing in our society. Clarify the statement by giving suitable
examples.

10. Ghumto blocks the full development of woman’s personality. Write an essay on this title.

11. Explain how social or community initiative helps in eradicating the social problems from the society.

12. Individual efforts play an important role in ending the social evils. How far do you agree with this
viewpoint? Give reasons with your explanation.

13. Critically comment whether political initiatives play an important role in ending social evils or not.

Community Work

There exist some practices in the name of custom or tradition based on superstitious beliefs. Make a list of
those superstitious practices and seek views and opinions on them from minimum 10 people (5 women and
5 men) of your community ranging between ages 15 to 45 years. Prepare a report based on their views and
opinions.

110 Nova Social Studies Grade-10 >>

Lesson Roles Played by International Organizations

5 in Ending the Social Problems

Introduction to International Organization

International organization is composed of the members drawn from at least three countries (states) and has
activities in several states. International organizations function around the world in different capacities such
as International Non-governmental Organizations (INGOs), Non-governmental Organizations (NGOs) and
Inter-governmental Organizations (IGOs). International organizations make this world a better place for
humans of all age groups to live with honour and dignity by working in political, economic and social spheres
of human life. To achieve their goals and dream for a better world tomorrow, these organizations enter into
multilateral and bilateral agreements with the countries where they want to conduct their work and activities.
There are several international organizations extending their help or are directly involved through their
activities in bringing improvement in physical infrastructure, economic, educational, and social development
and preservation of nature and environment. These organizations are ADB (Asian Development Bank), WB
(World Bank), EU (European Union), WFP (World Food Program), UNDP (United Nations Development
Program), DANIDA (Danish International Development Agency), Leo and Lions Club and others.

Brief description of three famous international organizations Red Cross, Scout and SOS (Save Our Soul) are
given here:

A. RED CROSS SOCIETY

International Red Cross Society was established by philanthropic businessman Jean Henry Dunant in 1863
AD in Geneva, Switzerland with a view to protect the war-wounded, refugees and the prisoners. A Swiss
businessperson Henry Dunant had travelled to Italy in June 1859 to meet French emperor Napoleon III to
discuss the difficulties in conducting business in Algeria (under the occupation of France then). He arrived
at the small town Solferino on June 24, 1859 and witnessed the Battle of Solferino (Austro-Sardinian War). In
a single day, about 40,000 soldiers on both sides had died or were left wounded to die later on the battlefield.
Jean Henri Dunant was shocked to see such human plight and suffering in the battle. The suffering of
the wounded soldiers mounted up because of the lack of medical attendance and basic care for them. He
decided to set up a neutral organization to help the wounded soldiers, prisoners of wars and refugees from
both the sides of war. This is how International Committee of Red Cross (ICRC) now known as International
Red Cross Society was set up in 1863. Popularly known as ‘Red Cross Society’, it protects/saves human life
during and after the war or during and after a natural disaster or in normal course of life if any emergency
situation comes up. Red Cross Society treats every human life with great respect and does not discriminate
anyone on the basis of nationality, race, sex, religion, class or political opinions while extending life-saving
nutritional or medical services to a patient (needy). Amongst its other functions are to provide blood to
patients by organizing blood donation camps, drinking water, lessons of sanitation and hygiene to rural
poor people and slum dwellers in towns and cities. Islamic countries accept the services of Red Cross as Red
Crescent while Israel calls it Red Star.

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Nepal Red Cross Society was established in 1963AD and has grown to become the largest humanitarian
organization in Nepal with the network of ‘District Chapter’ in each of the 75 districts of the country.
Students and youth in schools, campuses and in communities organize various activities of Red Cross
Society in Nepal. Nepal Red Cross Society is headquartered in Kathmandu and functions as NGO (Non
Governmental Organization) having the objective of alleviating or reducing human suffering without
making discrimination on grounds of religion, race, caste, tribe, political belief and so on.

The following are the main tasks (functions) of Nepal Red Cross Society:

• To serve war victims both civilians and army personnel in times of armed conflict in accordance
with Geneva Convention by organizing nursing and care facilities for them and helping in search
of the disappeared persons to reunite them with their family,

• To organize and manage disaster relief by delivering assistance to victims and emergency relief
services,

• To provide health services to the targeted people in normal time by promoting importance of
hygiene and sanitation (like safe drinking water), generating awareness on immunization, nutri-
tion, family planning, infectious diseases and first aid skills, etc,

• To conduct Emergency First Aid (EFA) program in conflict-hit areas

• To organize regular health care services such as eye care services, blood donation camps, ambu-
lance services, blood transfusion and so on,

• To organize Junior and Youth Red Cross as an integral part of Nepal Red Cross Society and to
encourage their participation,

• To promote the fundamental principles of the Red Cross Movement and International Humani-
tarian Law to realize humanitarian ideals,

• To perform any other functions of community development and public welfare.

Nepal Red Cross Society (NRCS) celebrated its 50th anniversary with declaration of activities for its
Golden Jubilee Year, 2012-2013.

B. THE SCOUT ASSOCIATION (ORGANIZATION)

Scouting began for the first time in 1907 when Robert Baden-Powell, a lieutenant general in the British
Army, conducted the first scouting camp on Brownsea Island in England. Scouting (or the Scout Movement)
is all about supporting young people in their physical, mental and spiritual development, so that they play
constructive roles in society. In the beginning, scouting was allowed only for boys but later on, in 1910, a
new organization, Girl Guides, came into existence. Under scouting method come the programs of informal
education with an emphasis on practical outdoor activities, including camping, woodcraft, aquatics, hiking,
backpacking, and sports. Wearing ‘uniform’ is compulsory in scouting because ‘uniform’ hides all differences
of social standing in a country and stands for equality.

The fleur-de-lis: Scout Logo Robert Baden-Powell: Founder of the Scout Movement

112 Nova Social Studies Grade-10 >>

As a military officer, Robert Baden-Powell was stationed in British India and Africa in the 1880s and 1890s.
Since his youth, he had been fond of woodcraft and military scouting, and he had trained his men how to
survive in the wilderness. He noticed that it helped the soldiers to develop independence, sense of respect
and judgment in them in place of blindly following the order of superiors. This is what he wanted to teach
to youth and unemployed men who get deviated to wrong path in absence of right guidance and engaging
positive training about life skills. He introduced scouting for young people first in Britain and then to
rest of the world. Scouting is a voluntary non-political educational movement for young people open to
all without distinction of origin, race or creed, in accordance with the purpose, principles and method
conceived by the Founder. Scouting contributes to the development of young people in achieving their full
physical, intellectual, social and spiritual potentials as individuals, as responsible citizens and as members
of their local, national and international communities. The Scout Motto ‘Be Prepared’ (well-known slogan)
and ‘Do a good turn daily’(less-known slogan) clearly show the non-political nature of grooming solely
based on preparing socially productive and individually confident human beings.

Scouting Methods and Its Roles

Unit level camping is the most popular way of imparting scouting (guiding) lessons amongst the members
of the scout troop. However, there are periodic camps (known as ‘jamborees’ or camporees in US) where
several groups from a local area or region camp together for a weekend or more. Jamborees are held at
national or international level too adopting a particular theme for the event. Activities at these events
include games, scout-craft competitions, aquatics, woodcarving, archery, ‘badge and pin trading’ activities
related to the theme of the event. Similarly, summer camps can operate specialty programs for older scouts,
such as sailing, backpacking, canoeing and white-water rafting, caving, and fishing. Scouting (Guiding)
promotes international harmony and peace with a view to benefit wider community, challenge prejudice
and encourage tolerance of diversity existing at the level of race, caste, religion, political opinion, nationality,
etc. Scouts and guides volunteer themselves to help in both ordinary and emergency situations in the society.
For example, under ordinary circumstances like crowd management, some national events management
like national or international sports events, national or international conferences and so on.

To make it more functional and socially useful, both Scouting and Guiding movements are generally divided
into sections by age or school grade, allowing activities in accordance with the age and maturity level of the
group’s members.

Nepal Scout: Brief Introduction

The Nepal Scouts is the national Scouting and Guiding organization of Nepal founded in 1952 having its
headquarters in Lainchur, Kathmandu which became a member of the World Organization of the Scout
Movement in 1969 and of the World Association of Girl Guides and Girl Scouts in 1984. The organization
serves more than 20,000 Scouts and 12,000 Guides.

Dress or Uniform Code: Girls ‘guide’ wear ‘frocks’ or green ‘saris’ whereas the boys scout wear dark
brown pants and light brown shirt. Both boys and girls wear scarf of different color. In Nepal, both boys
and girls are called “SCOUTS”.

Programs and Activities: Nepal’s scouts undertake the programs like handicrafts, hiking, camping, nature
conservation and community development along with various other service activities such as adult
literacy campaigns, food production, child immunisation and drug abuse education. Various kinds of
relief operations are taken up by mobilizing SCOUTS during earthquakes, floods, landslides, fires and
other natural disasters. Normally, scout activities are organized jointly but training, camping and other
aspects of the program are separated for boys and girls.

Who are scouts: Scouting has been introduced in Nepal at school as well as university levels. For example,
under the national education system, university students studying at the Master level are provisioned to
serve in a village for a year after having taken an orientation like Scout training. The following category
of scouts, exist here in Nepal:

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Sections Ages (in Years) Scout Mottos
Cubs/Brownie 7 to 10 (Do Your Best)
Boys/Girls Scouts 11 to 15 (Be Prepared)
Rovers/Rangers 16 to 25 (Service)

C. SOS (Save Our Soul) Children’s Villages (famously known as S.O.S.)

“... from my point of view, nothing in the world is more important than carefully protecting a child.” Herman Gmeiner
(1919-1986)

SOS Children’s Village is the non-governmental international development organization founded by Dr.
Hermann Gmeiner in Imst, Austria in 1949 with an objective to meet the needs of the children and protect
their rights. Over a hundred national associations across the world in different countries function to save
the unfortunate children and protect their childhood by providing them love, affection, education and other
needs. This organization looks after abandoned, destitute and orphaned children desperately looking for
family-based childcare. Millions of children worldwide are left without care of their biological families for
a variety of reasons like parental separation, war, natural catastrophe, deadly diseases like AIDS and so on.
SOS Children’s Village comes for their rescue.

The personal life experiences of Herman Gmeiner inspired him to set up the SOS Children’s Village. His
mother had died while he was still a young boy, and his eldest sister Elsa then looked after him as the
smallest of the children. Later, he grew up to become a soldier in Second World War (1939-45) in Russia and
saw the suffering of the many war orphans and homeless children. This experience made him believe that
no help is effective unless children grow in protective environment of the HOME and this belief inspired
him to set up SOS Children’s Village association with just 600 Austrian Schillings (approx. 40 US dollars)
in his pocket. His devotion to the cause of the children further expanded his work with the establishment
of SOS-Kinderdorf International as the umbrella organization for SOS Children’s Villages in Strasbourg
(currently in France) in 1960 as Herman Gmeiner himself as the first president. In later years, SOS villages
crossed the boundary of Europe and were established in as many as 132 countries protecting more than
60,000 children and youths in need with a new HOME. After his death (in 1986), Herman was buried at SOS
Children’s Village Imst, the first HOME for children that he had founded followed by hundreds of such
Homes around the world in his life time.

Herman Gmeiner, the founder of SOS Children’s Villages (see the Logo above)

Along with the SOS Children’s Villages (over 450 worldwide), the organization guides and operates different
kinds of programs and facilities in support of socially disadvantaged and impoverished families to help
them lead a better life in future. SOS also supports about a million other children in community programs
such as family strengthening, running more than 192 schools across the developing world, operating medical
centres and programs for street children, child soldiers and victims of disaster.

114 Nova Social Studies Grade-10 >>

Four pillars of Home in SOS Children’s Village

The HOME in SOS Children’s Village is structured in such a way that it provides emotionally safe
childhood to orphan children so that they do not develop any kind of psychological deviations in their
adulthood and turn out to be healthy individuals not only to look after himself/herself but also his/her
surroundings. This is all about positively shaping up life of unfortunate children and saving the human
society by making it a beautiful place to live. The HOME in SOS Children’s Village follows the philosophy
that every child belongs to a family and therefore must grow with love, respect and security.

HOME in SOS Children’s Village has four strong pillars (also known as principles):

1. Mother: Each child is under the protection of a caring parent. The SOS mother builds a close relationship
with every child entrusted to her, and provides the security, love and stability that each child needs.
As a childcare professional, she lives together with the children, guides their development, and runs
her household independently. She recognizes and respects each child’s family background, cultural
roots and religion.

2. Brothers and Sisters: Family ties grow naturally. Girls and boys of different ages live together as
brothers and sisters by building strong emotional ties that last throughout their life. Their SOS mother
acts like a bridge and cements their relationship.

3. The House: Each family creates its own home with its own unique feeling, rhythm and daily routine.
Under its roof, children enjoy a real sense of security and belonging by growing and learning together
to share responsibilities with the joys and sorrows of daily life.

4. The Village: The SOS family is a part of the entire community of SOS families living together that
forms a supportive village environment for children to enjoy a happy childhood. The families share
experiences and help one another to live as integrated and contributing members of the community.
Through his or her family, village and community, each child learns to participate actively in the
society.

SOS Children’s Villages in Nepal

In 1968, Prof. Dr. Hermann Gmeiner, accompanied by senior staff from SOS-Kinderdorf International,
visited Nepal to assess the situation of children in Nepal and experienced the miserable plight of children
in Kathmandu Valley. With the involvement of the Government of Nepal (the then Royal family) and
the help received from Red Cross Society, the first SOS Children’s Village at Sano Thimi, Bhaktapur
was established in 1973 AD. Later it was registered as an NGO with the District Administration Office,
Bhaktapur in 1989 AD. SOS Children’s Village is one of the leading social organizations for the care of
children in Nepal. At present, SOS Villages are functioning in Pokhara, Surkhet, Itahari, Chitwan, Jorpati
and Banepa in Nepal.

These villages are self-sufficient having a well-knit family consisting of five boys and five girls
of different age groups in one HOME under the care of MOTHER and AUNT. The AUNT helps the
‘MOTHER’ to look after the other children, especially the handicapped ones. Boys and girls live like
brother and sister. There are medical care centres along with entertainment centres such as swimming
pool, play ground, indoor games, etc. Vocational training centres impart different kinds of skills useful
for future earning for SOS children. Regular school until higher secondary level helps them acquire
higher secondary education and go for further education in college and university. This is how SOS
children are ‘empowered’ to settle down and face the challenges in life.

Words and terms you would like to know

Fleur-de-lis: It is a stylized lily (in French, fleur means flower, and lis means lily) or iris that is used as a decorative
design or symbol representative of religious, political, dynastic, artistic, emblematic significance.

115<< Nova Social Studies Grade-10

Mount up (v.): to increase; to become greater, stronger or more intense
Plight (n.): unfortunate condition
Impoverish (v.): to cause somebody or something to be poor or poorer
Spring up (v.): to originate from a particular source
Entrust (v.): to give something to another person to be responsible for

Activities

1. There must have been some international organizations working in your area of residence. Find out the
names and other details like objectives, nature and types of works they are doing there. Prepare a report
and share the same in the class.

2. How did two international organizations namely the Red Cross Society and Scout reach out to people of
Nepal (especially victims) in the aftermath of the major earthquake on Baisakh 12, 2072 (April 25, 2015).
Conduct research from the print and electronic media as well as the inputs from your elders, guardians
and senior citizens from your community and neighborhood. Based on the information received, fill up
the following table:

S.N. Activities of Nepal Red Cross Activities of Nepal Scout

3. Get the class divided into several pairs and assign them the task of forming five sentences explaining the
Scout and its activities using the following words. The words are: From four to twenty five years, oath,
high quality, country and countrymen, cooperation, happiness, global presence, peace, commands

4. Highlight the help and assistance that the Nepalese society is getting from the activities of SOS in points
after having extensive discussion on it with your classmates. Use the chart-paper to show the points.

Exercise

1. Answer the following questions in detail:
a) What is meant by the international organization? Name any three European organizations function-
ing in Nepal.
b) Explain why so many international organizations are actively engaged in Nepal.
c) Describe why the Red Cross Society was set up.
d) Scout is the organization of laborious and industrious youth. Justify the statement.
e) What are the objectives of SOS? Draw its logo and compare it with the logo of Scout.
f) Critically analyze the contributions of SOS in human society.
g) Write down the main functions of Red Cross Society of Nepal.
h) Give a brief account of the living and working environment inside the SOS- Children’s Village.

2. Answer the following questions just in one sentence.
a) Clarify if Red Cross is different from Red Crescent.
b) Name the largest humanitarian organization of Nepal.

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c) Where and when was the first SOS Children’s Village established in Nepal?
d) What is the significance of the word Village here in SOS Children’s Village?
e) Why is it compulsory to wear uniform while scouting?
f) Differentiate between SCOUTS and GUIDES.
g) When was the Nepal Scouts founded? Where is its headquarters located?
3. Match the following:

International Organization Year of Establishment (In AD) Founder of the Organization
Red Cross 1949 Herman Gmeiner
Scout 1907 Robert-Baden Powell
SOS 1863 Jean Henry Dunant

Community Work

International organizations like the Red Cross and Scout may have been active in your school or in the area
of your residence. Meet the head of the operation (activities) of these organizations to know more about
their source of inspiration, description of the nature of the work they do and challenges they face in course
of their activities. Based on your interaction with the head of the organization, prepare an editorial for the
wall magazine of the school.

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Lesson Some Other International

5 Organizations

International organizations are actively engaged in offering solutions to the social problems prevailing
in Nepal. Their activities in social and economic fields have paved the way for bringing social change
and helped spread awareness in the local community as well as the Government of Nepal to eradicate
social problems by identifying the root causes of such evil practices. Poverty, illiteracy, evil customs and
superstitious beliefs are some of the main causes of a number of social problems that Nepal is facing today.
The positive roles that these organizations are playing hit at the roots of the social problems in order to uproot
them completely from the society. Traditionally followed evil practices and superstitious beliefs can only be
removed when the scientific temper and rational thinking propagated by the international organizations
raise social consciousness to bring reforms in the Nepalese society.

In the interconnected world of today, less human development with political conflicts in any part of the
world affects the richer countries too. Gone are the days when a country used to think just in terms of its own
boundary and race. Now, political and economic interests of a country are intertwined (interconnected) which
necessitates wide area of co-operation and co-ordination with other countries. International organizations
play crucial roles in this direction.
Following is the brief description of some of the government as well as non-governmental organizations
from different countries across the world currently working in Nepal:

1. International Nepal Fellowship (INF): International Nepal Fellowship (INF), a Christian mission, is
involved in health and development work with Nepal’s government, non-government organizations
and local communities. It works in the area of youth advancement by helping them come out of drug
addiction and teaches them to live with moral values to earn dignity and respect in the society. It
organizes several programs with a view to spread positive messages to live life without any addiction.
Besides, this organization has been running hospitals in Pokhara and Surkhet to treat and cure the
addicted people.

2. Plan International Nepal: Plan International has been working in Nepal since 1978 AD, helping poor
children to access their rights to health, education, economic security and protection. This organization
is committed to improve the status of rural children of Nepal, particularly the disabled ones by giving
them life skill training. This organization has been actively participating in constructing school buildings,

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distributing of school text books and other educational materials, running libraries and promotion of
health and talents all around the country. Plan International gives training to growing up children (both
boys and girls) in a group and engages them in several activities to explore their hidden talents and
build up confidence in them. In this way, the rural children are able to get opportunities to improve their
life’s prospects in future.

3. International Labour Organization (ILO): The International Labour Organization (ILO), a United
Nations agency, deals with labour issues, particularly international labour standards and decent work
for all and has its headquarters located in Geneva, Switzerland. This organization received the Nobel
Peace Prize in 1969 for improving peace among classes, pursuing justice for workers, and providing
technical assistance to developing nations.

The ILO registers complaints against entities that are violating international labour rules; however, it
does not impose sanctions on governments. The ILO organizes the International Labour Conference
(also known as the parliament of labour) in Geneva every year in June, to design and adopt the labour
policies worldwide. In Nepal, this organization works for abolishing all forms of child labour and
helping other manual labourers to have better working environment with fair wage.

4. Rotary International: Rotary International is an international service organization located in Chicago,
Illinois, United States of America. Popularly known as Rotary club, it organizes business and
professional leaders from the society in order to provide humanitarian services to the needy poor
and disabled people in a society. Rotarians believe in giving service after getting success in life. Their
mottos are “Service above self” and “One who profits most serves best”. Rotary International organizes
health camps, drinking water facilities, construction of school buildings, sets up libraries and runs
them, organizes skill development and training for developing leadership quality with the help and
cooperation received from several other organizations working with similar goals.

5. Norwegian Agency for Development Cooperation (Norad): The Norwegian Agency for Development
Cooperation (Norad) is a directorate under the Norwegian Ministry of Foreign Affairs. Norad has been
working in Nepal since 2028 BS. It has played an active role in developing new pattern and style of
education. It has also been promoting women empowerment in Nepal and advocating for women’s
rights. Norad has been organizing both material and legal support for poor women in Nepal for
improving their lot and fighting to seek justice for them. Norad provides free legal and healthcare
services to rural poor women in Nepal.

6. International Union for Conservation of Nature (IUCN): Founded in 1948, the International Union for
Conservation of Nature (IUCN) is the world’s oldest and largest global environmental organization.
Today it is the largest professional global conservation network. The Union’s headquarters are located
in Gland, near Geneva in Switzerland. Conserving biodiversity is central to the mission of IUCN. IUCN
demonstrates how biodiversity is fundamental to addressing some of the world’s greatest challenges:
tackling climatic change, achieving sustainable energy, improving human well-being and building a
green economy.

The International Union for Conservation of Nature (IUCN) founded in France is dedicated to finding
“pragmatic solutions to our most pressing environment and development challenges”. IUCN has stated
vision of “a just world that values and conserves nature”.

7. Danish International Development Agency (DANIDA): Danish International Development Agency
(DANIDA), a Danish organization inside the Ministry of Foreign Affairs of Denmark, aims at providing
humanitarian aid and development assistance to other countries. With a focus on developing countries,

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it works in the area of eradication of poverty, Good Governance, international fight against HIV/AIDS
and ensuring sustainable development. The DANIDA has been conducting training programs to help
and aid those who are unable to hear and speak due to neurological problems. The DANIDA develops
teaching materials to instruct them through sign languages and also train them to get employed in
future. It is dedicated to ensure the “Right to a Better Life” for every human being.

Words and erms you would like to know

Pave way (v.): make progress or development easier
Necessitate (v.): to make something necessary
Pragmatic (adj.): more concerned with practical results than with theories and principles
Eradicate (v.): to destroy or get rid of something completely, so that it can never recur or return
Disabled (adj.): incapable of performing or functioning

Activities

1. What types of activities for social reforms are in progress in your local community? Write a paragraph
detailing all the activities and the organizations which are involved in it.

2. Despite having exposure to the world through print and electronic media with more awareness about
the world and better access to education in Nepal all around, the social problems centered around
women, children and youth have not disappeared. Though difficult to believe, it is still true that our
youth and adults are in the grip of drug addiction. What are the reasons behind the increasing trend of
smoking, alcoholism and drug addiction in Nepal? What are the ways to save our children, youth and
adults from the deadly addiction of smoking, inhaling, alcoholism and other drug addictions? Suggest
the kinds of programs, training or counseling which are to be organized.

3. Prepare a full description in minimum 500 words on any two international organizations which are
functioning in Nepal. You can take help from the internet, library, and newspaper for your research.

4. As you have read that the International Union for Conservation of Nature (IUCN) works to provide
solutions to various types of problems facing the nature and environment. Highlight what areas of
nature and environment in Nepal require more attention where ICUN can offer help. Give suggestions.

Exercise

1. Specify the work being done (performed) by the International Nepal Fellowship.
2. Express your views on the help extended by Plan International in the areas of child development in

Nepal.
3. The international organization Norad has been helping Nepal in its multidimensional development.

Justify the statement with relevant examples.
4. Make a list of contributions made by ILO (International Labour Organization).
5. Compare and contrast the work of INF with IUCN.
6. Briefly introduce DANIDA.

Community Work

Get divided into four groups in the class. Let each group discuss about four international organizations and
none of the international organization must be repeated in the discussion by each of the four groups. Prepare
the description in following lines and present the same in the class:

 Name of the institution and year of establishment:
 The country in which it was originally established (set up):
 Aims and objectives of the institution:
 Fields (areas) of work of the institution:
 Activities organized by the institution:

120 Nova Social Studies Grade-10 >>

Lesson Identification of Social Problems and

6 Required Skills for Their Solutions

Let us watch some of the everyday situations representative of social problems which one can easily confront
in Nepal:

Childhood is getting crushed under the merciless chains of child labour.

Childhood has been thrown in the winds due to the curse of child marriage.
A. Mohan and Sohan are dear friends. Mohan has developed a bad habit of smoking cigarettes under the

influence of his peers. Sohan too tries cigarettes sometimes but he does not like this habit and breaks
into nasty argument with Mohan. Mohan turns his deaf ears to Sohan’s advice and continues with his
habit. Mohan has become a bad influence on Sohan and unfortunately Sohan’s good influence is not
working on Mohan.
1. What are the social problems in above case?
2. Specify the possible alternatives in above stated problem.
3. Make a list of merits and demerits of each alternative.
4. Which alternative is the most suitable option to follow among all the prepared alternatives?
5. How to implement the most suitable alternative?
Shreya’s group in the class has prepared an outline of findings and answers in relation to above incident.
1. Above incident is related to smoking.
2. Possible alternatives to avoid the above incident are: Say ‘No’ to smoking; say ‘Yes’ to smoking; go on
delaying the final decision
3. I. Merits of saying ‘No’ to smoking: No addiction at all; no insult or disrespect in school; good

relationship with all the family members; saving of pocket money; no health problem in future
Demerits of saying ‘No’: Friends get angry; rejection from the company of peers; relationship with

friends will suffer
II. Merits of saying “Yes” to smoking: Friends are happy and they allow you to be in the group

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Demerits of saying “Yes”: Deteriorating health conditions; strong possibility of being addicted;
getting insulted in school after everybody comes to know about smoking habit; family members get
upset when they come to know about it; increase in expenditure in buying cigarettes; more number
of shady characters get closer

III. Merits of delaying smoking: Quite perfect for the present time; enough opportunity to figure out
more alternatives (options) available

Demerits of delaying smoking: Friends may pressurize for smoking later; danger of getting aggressive
and ultimately taking to smoking

After having analyzed all the available alternatives, it seems better to say ‘NO’ to smoking. Complete
denial of smoking has many benefits (merits) to offer and comparatively less losses (demerits) to bear.
This is the most suitable option (alternative) for Sohan to choose and Sohan will never regret this
decision in his entire life.

With no fear of any kind, it is advisable to highlight the demerits (disadvantages) of smoking and make
sure of not getting caught into smoking ever in life. Having said that, the implementation of alternative
(I) is considered successful only when Mohan quits smoking and begins to live a normal life without
any adverse side-effects on his health.

Words and terms you would like to know

Shady (adj.): probably dishonest and illegal
Deteriorate (v.): to become or make something worse in quality, value, or strength
Regret (v.): to feel sorry and sad about something previously done or said that now appears wrong, mistaken, or
hurtful to others
Nasty (adj.): generally disagreeable, unpleasant, or causing discomfort
Devilish (adj.): sinister, cruel, or evil in a way that is considered like or worthy of the devil

Activities

1. Observe the following real life situation and discuss the following questions by making four groups in
the class:

Poonam Paswan, 20, lives in Rautahat. She weighs emotional and financial burden within her family.
She is now able to take decisions about her family matters only after taking full responsibility of running
home from the earning she makes by selling vegetables in the local market. Hasina Khatoon, 30, runs a
tailoring shop in Birgunj after receiving a six-month long training. She earns Rs 12000-20000 per month.
Both of them were married at the age of 14 years and left by their husbands before they turned 19 years
with two babies each born to them. Their parents agreed to marry them in the hope of saving money
and denied them any education beyond Class VIII. For their parents, higher education when given to
girls makes them mentally corrupt and they lose their God-gifted purity of mind and body. Both of them
have suffered at such a young age and are struggling their way out to live with dignity.

Another girl Sarita Rajak from Mahotari district, just touched 14, has received a marriage proposal from
a neighboring village. Her family members have begun discussion on the proposal. Sarita wants to
continue her study and is not interested in marriage until she gets in college after completing her higher
secondary level. Her anxiety has mounted up as she fears early marriage and fears her dream to serve
the country by becoming a competent citizen is crashing down.

Here are questions for each of the four groups to discuss and answer them:
a) What are the social problems in above incident?
b) Specify the possible alternatives to above stated problem.
c) Make a list of merits and demerits of each alternative.
d) Which alternative is the most suitable option to follow among all the prepared alternatives?
e) How to implement the most suitable alternative?
Note: Follow the pattern which you have already gone through in this lesson.

2. Make sketches, drawings and paintings which show real life situations of children of your community
and display them in school’s exhibition room with the permission of the Principal.

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3. All the able bodied and educated youth of Nepal consider themselves fortunate to get opportunity to
live in foreign countries and continue earning there. What is your response (thoughts) to this issue?
Organize a speech competition on this topic in the class and express your opinions.

4. “A number of young girls of my age are already married and it is not by their choice but by their
poverty. I want to see a complete end of child marriage in my community.” Following posters reflect this
sentiment:

Observe the posters above and write a letter to the Secretary General of the United Nations Organization
(UNO) to take effective steps to pressurize the Government as well as other international organizations
to save the children from forced marriages and prevent them from becoming ‘child mother’ before they
turn adult with a view to save their childhood. Do research to include data and real life incidents in your
letter to make it more factual and authentic.

5. Do you have child labor still going on in your community? Please report the matter to the concerned
authority. Make a list of all the international organizations that work for protecting children and write a
letter to inform them about incidents of child labor in your area.

6. Prepare a dialogue between two friends highlighting the side-effects of child labor and the possible
solutions to this social problem.

7. Organize a full-length discussion in the class on the topic “Identification of social problems and required
skills for solution to the social problems”.

Exercise

1. What are the negative aspects of child marriage? Specify in points.
2. Children in Nepal are still compelled to engage themselves in child labour. Highlight the main reasons

behind this devilish practice.
3. Who amongst the humans are good souls (moral beings) and worth emulating? Who amongst the

human beings are bad creatures (immoral and corrupt persons)? Explain what methods or techniques of
training and education are to be applied to differentiate good (moral) human beings from bad (immoral
and corrupt) ones. Make a list of those methods and techniques.

Community Work

Conduct a survey in your community to identify the prevailing social problems. Find out the measures (steps)
to be taken for eradicating (uprooting) these problems after having discussion with leading personalities of
your community.

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UNIT

5

Civic Consciousness

Learning Objectives:

After the completion of this Unit, students will be able to......
 Understand the nature and functioning of all the three organs of State along with constitutional

bodies (organs)
 Evaluate the practical application of the principle of separation of powers through functioning of

three organs of the State
 Know the roles and responsibilities of political parties in the democratic governance system
 Figure out the concept of human rights and appreciate its sanctity in the context of Nepal
 Find out the contributions made by both national and international organizations in the areas of

safeguarding and protecting human rights in Nepal
 Specify the ways to acquire citizenship and claim one’s own rights and privileges as being the

citizen of Nepal

1Lesson The Legislature

Introduction to Legislature: Meaning, Nature and Composition

Legislature is one of the three most important organs of the state. Legislature makes (frames) the laws
(including the constitution – the supreme law of the land). It also amends them if the need of the situation
so demands. The Constitution of Nepal, 2072 BS provides for “Bi-cameral legislature (parliament with two
houses)” at national (central or federal) level in Nepal: the Pratinidhi Sabha (House of Representatives) and
the Rastriya Sabha (National Assembly). All the members who get elected in either house of central (federal)
parliament are known as “members of parliament” (in short MPs). The MPs are lawmakers (legislators) in
democracy as their participation in legislature while making laws or constitution is mandatory (indispensible).
The Pratinidhi Sabha has a total of 275 members (seats) out of which 165 members are directly elected by
the people in accordance with ‘First-Past-The-Post’ election-method and the rest 110 members are elected
by following the “Proportional Representation” election-method. All the citizens 18 years or above take part
in election for electing the members of the Pratinidhi Sabha (the House of Representatives). The Rastriya
Sabha (National Assembly) is the second house of legislature (parliament). A total number of 59 members
(seats) make the National Assembly (Rastriya Sabha). National Assembly members are elected on the basis
of single transferable voting system and first-past-the-post electoral system. According to constitutional
provisions, each province will elect eight members to the National Assembly. Of the eight, six members
-- three women and three candidates from open cluster -- will be elected by an electoral collage on the basis

124 Nova Social Studies Grade-10 >>

of STV system and two candidates
-- one Dalit and one differently-
abled candidate or candidate
from a minority community -- will
be elected on the basis of FPTP
system. This means the electoral
collage will elect 42 NA members
on the basis of STV system and 14
on the basis of STV system.

Rastriya Sabha will be all inclusive

by giving representation to all

sections of the Nepalese society,

particularly women who will

occupy more than one third seats.

Each member of the Rastriya Sabha Nepal’s Legislature-Parliament: Inside view
shall continue for six years but the

one-third of them shall retire after every two years.

Federal parliament conducts its legislative and other related constitutionally sanctioned businesses (works)
by appointing heads in both the houses. The Pratinidhi Sabha is headed by the Speaker and the Deputy
Speaker (in case Speaker is absent). Similarly, the Rastriya Sabha is headed by the Chairman and Deputy
Chairman (in case Chairman is absent). Both the top positions to head each House of the federal parliament
must not belong to same gender and political party.

Nepal’s Legislature-Parliament in New-Baneshwor, Kathmandu: Architectural View

Qualification of Members of Parliament or MPs

The following are the qualifications to become the members of the federal parliament:

1. A citizen of Nepal
2. Minimum 25 years of age for the Pratinidhi Sabha ( House of Representatives) and 35 years of age for

the Rastriya Sabha (National Assembly)
3. No conviction in any criminal case involving immoral behaviours (moral turpitude)
4. Not declared disqualified or ineligible by any federal law
5. Not holding any position of profit

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Provincial Legislature: Since Nepal has adopted federalism as one of its principles of political governance,
each province shall have provincial legislature. According to the Constitution of Nepal, 2072 BS, there
shall be unicameral provincial legislature to be known as Pradesh Sabha (Provincial Assembly). Provincial
legislature frames the laws especially needed for provincial development. Sixty per cent of the members
of the Provincial Assembly shall be elected through first-past-the-post election system and 40 per cent
shall be elected through proportional representation election system. The term of the Provincial Assembly
shall be of five years unless dissolved earlier.

Qualification of members of Pradesh Sabha (Provincial Assembly)

The following qualifications are needed to become a member of the Provincial Assembly:

(a) A Nepali citizen,

(b) A voter of the concerned Province,

(c) Age 25 years,

(d) Not convicted (punished) for any criminal offence involving moral turpitude,

(e) Not deemed (or declared) ineligible by any law, and

(f) Not holding any position (office) of profit.

The ‘office of profit’ here means any position, other than a political position, filled by election or nomination
for which remuneration or economic benefit is paid out of a Government Fund.

The Process or Procedure Involved in Passing (Framing) Laws by Federal (Central)
Legislature

A journey of making law (Act) begins with introduction of a Bill at the floor (table) of a House (Camera)
of central legislature (federal parliament). A Bill is the draft of prospective (future) law set to go through
due process of legislation before it finally becomes a law (Act). A Bill may be introduced at either House
of the ‘Federal Parliament’. However, a ‘Finance Bill’ is introduced only in the Pratinidhi Sabha (House of
Representatives) as a government Bill. The other Bills relating to the security agencies, including the Nepal
Army, Nepal Police, and Armed Police are also introduced as government Bill. If any question is raised
as to whether a Bill is a finance Bill or not, the decision of the Speaker is final. A Bill which is not ‘Finance
Bill’ is called an ‘Ordinary Bill’. A Bill passed by one House of the ‘Federal Parliament’ is immediately sent
to the other House. In case the other House passes the Bill, it is then sent to the President for certification
(signature).

The Finance Bill (also known as Money Bill) when passed by the House of Representatives (Pratinidhi
Sabha) is sent to the National Assembly (Rastriya Sabha). The National Assembly discusses that Bill and
sends it back to the House of Representatives with suggestions, if any, within 15 days of receiving it. The
House of Representatives discusses the Bill returned with suggestions, incorporates the suitable suggestions,
if any, and presents it to the President for certification (assent or signature). In case the National Assembly
does not return the Bill even after 15 days of receiving, the ‘House of Representatives’ sends the Bill to the
President for certification.

An ‘Ordinary Bill’ follows slightly different process (procedure). Any Bill that is not a ‘Finance (Money)
Bill’ is considered as an Ordinary Bill. An ‘Ordinary Bill’ (that is not a Finance Bill) is sent to the National
Assembly (Rastriya Sabha) after the House of Representatives (Pratinidhi Sabha) has passed it. The National
Assembly cannot delay an Ordinary Bill beyond two months of receiving it. If the National Assembly fails to
return an Ordinary Bill within that stipulated time (i.e. two months) then the House of Representatives has
full authority to send it to the President for certification (signature or assent), after making a decision on it
with a majority voting of total existing number of members.

If one House rejects the Bill passed by another House, or if it is passed with amendments, the Bill shall have
to be sent back to the House where it was introduced (tabled) first. Let us suppose that a Bill rejected by

126 Nova Social Studies Grade-10 >>

National Assembly or attached with some amendments is sent (returned) to the House of Representatives.
Only two options exist here. In the first option, a majority of the existing number of members of the House
of Representatives discuss the returned Bill and pass the same as it is, or pass it with amendments to present
the Bill to the President for certification (signature or assent). In the second option, the Bill is sent back to the
National Assembly by the House of Representatives with amendments as suggested by the former and if the
National Assembly also passes the Bill along with the amendments made by the latter, the Bill is said to have
been passed. Then it is presented to the President for certification (signature or assent).

In an extraordinary situation, there is a provision of joint session of both the Houses to pass a Bill if neither
House agrees with the other on nature, provisions and format of a Bill. If the Bill is passed as it is or with
amendments by the joint meeting, the House where the Bill had originated shall present it before the
President for certification. Sometimes, the session of the House ends when a Bill is still under consideration.
In such a case, the next session may take over the entire procedure of making the law. If a Bill is presented
to the House of Representatives and is under consideration, or it is sent to National Assembly after being
endorsed, but if the House of Representatives is dissolved while the Bill is still under consideration in the
National Assembly, or if its tenure comes to an end, such a Bill shall not be considered effective.

Powers and Functions of Central Legislature (Federal Parliament) in Parliamentary
Democracy

Since Nepal has opted for parliamentary democracy just like India and the United Kingdom, importance
of legislature has increased much more because the government (executive) is born out of the legislature.
The Legislature-Parliament being the “Mother of Executive” is hailed as “Temple of Democracy” because
it provides a platform for democracy to work effectively in modern days. It is simply unthinkable for
democracy to function in true sense of the term without having an elected legislature-parliament which
performs various functions in a democratic country like ours.

The following are the main powers and functions of legislature-parliament in democracy:

1. Legislative Powers and Functions

a. All the “Bills”– Ordinary Bills and Finance (Money) Bills are presented to ‘legislature’ in order to
‘pass’ them so that those Bills become the Act (Law) after receiving the assent (final signature) from
the “Head of the State”.

b. Legislature amends both the Constitution (supreme law of the land) and any other law currently in
practice to make it more relevant and useful. Amendment is the legislative act of making “changes”
in the Constitution or in any other Law through introducing repeal (omission), modification and
new insertion (addition).

c. Legislature can make a new Constitution altogether by scraping the old one.

2. Financial Powers and Functions

a. Legislature controls the purse of the Government as not a single penny can be spent without having
the sanction from the Legislature.

b. Introduction to new tax, its modification and abrogation requires the permission of the Legislature.

c. Every year, annual financial bill (popularly known as Budget) is presented to the Legislature and
passed by it. In Parliamentary Democracy, failure to pass the Budget by the House of the Legislature
amounts to “falling down” of the Executive wing of the Government.

3. Control over Executive

a. Under “Parliamentary Democracy”, Council of Ministers headed by Prime Minister is responsible
only to the Legislature from where it (Executive) is born. Legislature reflects the true aspirations of
the people and thus checks any despotic hunger for power shown by the Executive.

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b. The Legislature exercises control over Executive by means of asking questions, no confidence
motion, adjournment and censure motion, debates and discussions.

c. Power to reprimand and impeach has judicial overtone available to the Legislature. Legislative
committee can call any member of the legislature or the executive on charge of violating the dignity
of the House or bringing the House under disrepute in the eyes of the people to reprimand them on
the floor of the House.

d. Power to impeach the Head of the State, judges of the Supreme Court and Heads of other
Constitutional Organs has heightened the Legislature control over the Executive as well as
Judiciary. This power is exercised in case of gross violation of constitutional provisions or the case
of corruption or any kind of behaviour unbecoming/inappropriate to the status of the Post held by
the alleged person.

4. Miscellaneous Powers and Functions

a. Finance Minister can borrow more money than what has figured in the Budget after the Legislature-
Parliament sanctions the same. Borrowing of more money takes place in case of natural disaster,
external aggression, internal disturbance or any other unforeseen emergency.

b. Legislature-Parliament has its own regulatory and working procedure with regard to the meeting,
debates or any other such matters that fall under its domain.

c. No member of the House (Legislature) can be arrested while the session of the House is in progress
within the premises of the Legislature.

Parliamentary Democracy and Nepal

Parliamentary democracy (also known as representative democracy) functions with the help of elected
Members of Parliament (MPs) who work for the welfare and development of the people. Legislature is
created by the people’s vote and the elected MPs represent the cause and concerns of the people in both the
Legislature-Parliament as well as government (executive). Nepal opted for “Parliamentary Democracy”
by replacing absolute monarchy and dictatorship for the following reasons:

1. The executive is the part of the legislature as leader of the majority party in the parliament becomes
the Prime Minister and the party in majority becomes the ruling party. There are fewer chances of
clash and conflict between these two organs of the government.

2. Continuous and constant interaction between the executive and the legislature in order to govern the
country creates harmonious cooperation between them and thus ensures efficiency in law making
followed by its effective implementation.

3. Parliamentary form of Government makes the Cabinet (inner core of council of ministers having
maximum and independent powers for their respective ministries) responsible to People as they have
to face the people in the next general election.

4. As Nepal had experienced the autocratic and despotic rule of Ranas and Shah Kings in the past,
parliamentary form of democracy was the only alternative to it because it is more flexible and elastic
to have received the power from the People through adult franchise. Presidential form of democracy
has no such flexibility and responsiveness as noticed in parliamentary democracy.

5. Since the executive (President) in ‘presidential democracy’ is elected independently from the
legislature, there is a greater chance for deadlock or stalemate between the executive and the
legislature. This ‘ugly political scenario’ does not exist in parliamentary democracy.

6. The parliament is the forum where people are indirectly represented through their elected
representatives. Parliament is the assembly of the whole country. People’s problems and developmental
issues of the country are hotly discussed and debated here. This is the reason the parliament has
earned the sobriquet as ‘temple of democracy’.

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Words and terms you would like to know

Democracy: Democracy is a type of government where people have the right to choose their representatives who
govern the country on their behalf. According to Herodotus, “Democracy is that government in which supreme power
of the state is vested in the entire people.”Abraham Lincoln opined, “Democracy is a government of the people, by the
people and for the people.”

Legislature: Legislature is a deliberative body in democracy elected by the people, empowered to make, change or
repeal the laws of a country or state.

Unicameral Legislature: It is a legislature with only one House. Interim Constitution of Nepal, 2063 BS provisioned for
Unicameral House with 601 members.

Bicameral Legislature: It is a legislature having two houses – both may be elected directly by the people like Congress
of the USA or upper house –indirectly elected and lower house –directly elected by the people like UK and India. The
Constitution of Nepal, 2072 BS provisions for “Bi-cameral Legislature”.

No-Confidence Motion: No-confidence motion in ‘parliamentary democracy’ is moved by the opposition in
legislature-parliament when a government (executive – Prime Minister and Council of Ministers) has to prove its
majority (support from ‘Half of the total members plus one’) in the house to save the government. The Constitution
of Nepal, 2072 BS bars the registration of No-Confidence Motion within two years from the date of formation of the
Executive under the leadership of the Prime-Minister. And once the No-Confidence Motion has been defeated, another
‘No-Confidence Motion’ cannot be brought within a year against the executive.

Speaker: Speaker is the presiding officer of the legislature-parliament. The speaker is elected from amongst the
members of the House by a majority vote. The Speaker presides over the meetings of the House and all speeches within
the House are addressed to the Chair of the Speaker.

Bill: Bill is a proposed law placed before a legislative body for examination, discussion, and enactment. Once enacted
through a political-legislative process, a Bill becomes a law.

Three Readings of a Bill: An ordinary or non-money bill passes through legislative stages of three readings. At the
stage of first reading, the mover introduces the Bill stating its main features in the House. On the fixed date, there is a
general discussion on the Bill after which the Bill is sent to a select committee for in-depth examination. This is the stage
of second reading where a select committee after having examined the Bill thoroughly, clause by clause, drafts its report
for amendment. At the stage of third reading, a restricted debate takes place on the Bill after which the Bill undergoes
a voting and then if passed by the House is sent for President’s assent.

Single Transferable Vote: The single transferable vote (STV) is a voting system which achieves proportional
representation through ranked voting. An elector (voter) has a single vote that is allocated to their most preferred
candidate as a first choice and, as the count proceeds and candidates are either elected or eliminated, is transferred to
other candidates according to the voter's stated preferences, in proportion to any surplus or discarded votes.

Activities

1. Organize a parliamentary drama in the classroom by selecting a Speaker and other classmates acting
as the MPs (Members of Parliament). Find out the roles and responsibilities of the Speaker and enact
the drama titled “Parliament in Session”. You can take help from newspapers, radio and television and
some other sources to understand how the daily businesses of House of Legislature-Parliament work
(function).

2. Present a chart showing all the qualifications (eligibility) to become the member of legislature-
parliament.

3. Get the entire class divided into four groups and assign one function of the legislature-parliament to
each group for critical analysis and discussion. Thus, all the powers and functions of the legislature-
parliament get discussed by all the four groups. Note down the conclusions of each group and read
them aloud in the class.

4. Prepare a dialogue highlighting the process or procedure to enact a Bill.

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Exercise

1. What is meant by legislature? Mention how Nepal’s legislature is composed of or created.

2. Evaluate the qualifications required to become the member of legislature-parliament in Nepal.

3. Critically comment on having arrangement for women representation in the National Assembly
(Rastriya Sabha).

4. List the salient features of ‘Parliamentary Democracy’. Investigate how well it is functioning in Nepal
till now.

5. Write down the name of the present Speaker and Deputy-Speaker of the Pratinidhi Sabha.

6. Differentiate between unicameral legislature and bi-cameral legislature with examples.

7. Define these terms – Bill, Law, Amendment, and Budget.

8. What will happen if police with warrant of arrest enters into legislature-parliament in the midst of a
session of the House to arrest one of the lawmakers for criminal offence? Can the arrest take place? Give
reasons for your answer.

9. Differentiate between the ‘power to reprimand’ and the ‘power to impeach’ given to the legislature-
parliament.

10. Why do we call legislature the ‘Mother of Executive’?

11. Parliament is the ‘Temple of Democracy’. Critically comment.

12. What is the significance of ‘no confidence motion’ exercised by the legislature-parliament?

13. Outline the reasons why Nepal opted to become a federal, democratic, republic state.

14. Describe the main powers and functions of legislature-parliament.

15. Interpret the following facts and figures in words. Also draw a pie chart and bar-diagram based on the
following data given for each province of Nepal.

Strength of provincial legislative assembly and the executive government

Province Assembly members Cabinet members Province Assembly members Cabinet members

1 93 18 5 87 17

2 107 21 6 40 08

3 110 22 7 53 10

4 60 12 Total 550 108

Community Work:

1. Meet your local MP (Member of Parliament or Legislator) to understand the procedure of Parliament’s
functioning. Procure a pass from him/her to have the first-hand experience of spending a day in
Parliament and the way the Speaker performs the job. Make a report based on your experience and
interaction you had with parliamentarians as well as other officials.

2. Arrange a meeting with the present Speaker and conduct her interview with regard to parliamentary
affairs/business when the House is in session. How does the role of Chairman of the Constituent
Assembly differ from the Speaker of the Parliament? Prepare a report on it to understand the difference.

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Lesson

2 The Executive

Introduction to Executive: Meaning, Nature and Composition

Singh Durbar, Kathmandu – the Seat of Executive (Government of Nepal)
Executive is the organ of the state which implements laws and gives orders to establish “Rule of Law” and
to provide “Good Governance” to the people. Executive is normally understood as the controller of “Public
Administration”. Executive is popularly understood as the ‘Government’ and all the executive powers are
vested in the Council of Ministers. The Constitution of Nepal, 2072 BS has made the provisions for executive
to function at three different levels: the top level as federal or central executive, the middle level known as
provincial executive and at the grass-root (bottom) level called the local executive. Under the present model
of Parliamentary Democracy in Nepal, the Prime Minister is the real executive head of the Government
and the President represents the State without having real executive affairs except in few extraordinary
situations. Thus, the President is just the titular head of the Government.
The Prime Minister with the Council of Ministers forms the Executive in order to take political decisions and
run the administration in the country. And the President represents the state because of the REPUBLIC status
of Nepal in different kinds of ceremonial functions. The Prime Minister being the real head of the executive
exercises all the political powers provided by the Constitution with the help of Council of Ministers. The
Prime Minister is the leader of the House of Representatives (Pratinidhi Sabha) because s/he enjoys the
support of more than half of the members in the House. The Prime Minister may have support from a single
political party or the coalition of political parties. But, in all conditions the Prime Minister is the leader of the
majority in the House and the Executive s/he forms after appointing the Council of Ministers continues to
function till the time majority support (more than half of the total members in the House of Representatives)
stands for him or her. There is no direct election to the post of the Prime Minister in the ‘Parliamentary
Democracy’. The President appoints the leader of the majority party or the coalition of the parties that
commands a majority in the directly elected legislature-parliament, as Prime Minister. If no single party or
alliance gets a majority then the President appoints any person as the Prime Minister who is most likely to
secure the majority support in legislature-parliament. After that, the President appoints all the Ministers in
the Council of Ministers as the team of the Executive on the recommendation of the Prime Minister. Article
73 of the constitution makes it mandatory to get the vote of confidence from the House of Representative
(Pratinidhi Sabha) within 30 days since the appointment as the Prime Minister of the country.
Prime Minister and Council of Ministers: Prime Minister and Council of Ministers are collectively

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answerable to legislature-parliament. Council of Ministers is the official name for the executive body that
includes all the ministers of different ranks. Cabinet Ministers are top-level leaders of the ruling party or
parties who hold important ministries. These cabinet ministers take most of the decisions on behalf of the
Council of Ministers. Thus, Cabinet is a smaller circle within the bigger circle called Council of Ministers.
Ministers of State with independent charge hold smaller ministries and attend the Cabinet meetings only
when specially invited. Ministers of State assist Cabinet Ministers. The provision for appointing Assistant
Minister exists too.

It is practically not possible for the entire Council of Ministers to hold regular meetings for taking executive
decisions. That is why Cabinet takes most of the decisions. The Cabinet works as the team and remains
united in the event of any challenges. Due to the huge importance of Cabinet in running the government the
‘Parliamentary Democracy’ is also known as Cabinet form of the government. Every ministry has secretaries
who furnish the essential information to ministers to take decisions. These secretaries are also known as
“permanent executive” because they are selected from Civil Service Examinations conducted by Public
Service Commission. These permanent executives are civil servants having a long career running into more
than three decades. Unlike ministers who are political executives, Civil Servants (Permanent Executive)
remain in office even when the ruling party changes. These officers work under political executive and
assist them in carrying out the administration. The Cabinet Secretariat that includes top-class civil servants
coordinating with different ministries assists the Cabinet as a team.

The President versus the Prime Minister: The first meeting of the Constituent Assembly on May 28,
2008 (Jestha 15, 2065) announced the end of the 240-year-old institution of monarchy and declared Nepal
as ‘Republic’ state. Dr. Ram Baran Yadav became the first president of Nepal on July 21, 2008 (Shrawan
6, 2065) and continued in his office till October 29, 2015 (Kartik 12, 2072). After the promulgation of the
Constitution of Nepal, 2072 BS, first woman President of federal democratic republic of Nepal Bidya Devi
Bhandari was elected on October 28, 2015 (Kartik 11, 2072). She is the second President of the country but
the first woman President of Nepal. President Bidhya Devi Bhandari got re-elected the head of state for
the second consecutive term on March 13, 2018 (Falgun 29, 2074).

First President Present Woman President Present Prime Minister

From 2008 to 2015 AD From 2015 AD till now From 2018 till now

Dr. Ram Baran Yadav Bidya Devi Bhandari K.P. Sharma Oli

As per the provisions of the Constitution of Nepal, 2072 BS, President as the Head of the State exercises

only nominal powers. The President of Nepal is like the Queen of Britain whose functions are largely

ceremonial. President as the guardian of the constitution supervises the overall functioning of all the

political institutions in the country to find out if they are functioning in harmony to achieve the democratic

objectives of the state. The President, in situation of political indecisiveness puts pressure on the political

parties to rise above the narrow party line to find out political solution by forging consensus at broader

political spectrum. President’s role is more of a friend, guide and a philosopher and less as an ‘ambitious

power-monger’ in parliamentary democracy.

The people do not directly elect the President in Nepal. The ‘Electoral College’ consisting of the elected
members of Parliament and Provincial Assemblies elects the President. All the powers of the Prime

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Minister are exercised in the name of the President. In other words, President exercises all the powers
given to him only on the advice of the Council of Ministers headed by the Prime Minister. The President
to the most can ask the Council of Ministers to reconsider the advice but in case the proposal is declined,
the President in such a situation has no option except to agree with the decisions taken by the Prime
Minister and the Council of Ministers (or the Cabinet). Similarly, the President can delay a Bill passed
by the Parliament to become an Act (law) by holding his signature on it and can send the Bill back to
the Parliament for reconsideration. However, if the Parliament passes the same Bill once again and
sends it to the President for assent (signature), he has no option left except to sign it. Conclusively, all
the governmental activities and major appointments like Chief Justice of Nepal, judges of the Supreme
Court, heads of the constitutional bodies, and ambassadors to foreign countries and so on take place in the
name of the President. All laws and major policy decisions of the government are issued in his name. All
international treaties and agreements are made on behalf of the President. The President is the supreme
commander of the Nepal Army.

The Prime Minister as the head of the Government has sweeping powers. He chairs Cabinet meetings
and coordinates the work of different Departments. In case of confusions and disagreements between
Departments, Prime Minister’s decisions are final. The Prime Minister supervises the work of all the
ministries as he allocates work to ministers as a leader of Council of Ministers. The Prime Minister
has the power to dismiss ministers and the entire ministry quits in case the Prime Minister quits. As
political parties play a major role in parliamentary democracy, the Prime Minister is the most powerful
person in the Cabinet and in the Parliament because s/he is the chosen leader of the political party. The
powers of the Prime Minister in all the parliamentary democracies around the world have tremendously
increased. The President is not actively engaged in active politics during and after s/he holds the office. To
conclude, parliamentary democracy cannot function without the Prime Minister but can survive without
the President. Under extraordinary situations where parliamentary democracy is in danger or the Prime
Minister has begun to play foul political games, the President uses his discretionary and special powers to
save the democracy and the constitution.

Powers and Functions of the Executive

The Prime Minister who leads the Council of Ministers as a leader of the majority party in the parliament is
the active politician and runs day-to-day administration of the country. President is considered as nominal
executive head (not the real executive head).

The following are the powers and functions of the Executive in parliamentary democracy:

1. Administrative Powers and Functions

a. Prime Minister and Council of Ministers conduct day-to-day administration through several
ministries and departments.

b. Cabinet makes most of the vital decisions of national importance, looks after internal and external
security of the country.

c. Ministers pass on the directions and orders to their secretaries who in turn pass them to the
bureaucrats in different parts of the country working at grass roots level to implement the laws
effectively and efficiently.

d. Prime Minister as the leader of the Council of Ministers asks different ministries and departments
to provide hassle-free administration for economic development of the country by developing co-
ordination amongst each other.

e. Executive provides safety and security to the life and property of all the citizens by establishing rule
of law where everybody is equal before the law.

2. Legislative Powers and Functions

a. President on the recommendation of the Prime Minister summons the session of the Legislature-
Parliament.

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b. President on the recommendation of the Prime Minister declares the end of the session of Legislature-
Parliament.

c. Since the government comes out of the legislature, the Prime Minister and Council of Ministers take
part in legislative process of both the ordinary and money bills that go through three readings.

d. Most of the bills originate from the different ministries. Hence, ministers initiate the bill in the
House of the legislature. At the end, the President gives his assent to the bill already passed by the
legislature and consequently the bill becomes the act/law.

e. The Cabinet forwards the ordinances to the President with a view to administer or govern the
country when House of the legislature-parliament is not in session or has met dissolution.

3. Financial Powers and Functions

a. Finance Minister prepares the budget (Annual Financial Statement) every year to present the same
to Legislature-Parliament. The budget consists of revenue estimate of the coming year, details of
expenditure on consolidated fund and actual expenditure incurred by different ministries last year.

b. Finance Minister further prepares the supplementary budget to present the same to the Legislature-
Parliament if the fund allotted earlier falls short of actual expenditure.

c. Executive (Government of Nepal) maintains contingency fund and releases the required fund in
order to meet the sudden expenditure (Article 98, Part 9 of the Interim Constitution of Nepal, 2063
BS).

d. Finance Minister on the advice of the Prime Minister can include the heading of “borrowed money”
to get the money sanctioned without disclosing the real purpose to which fund-money is required.
This is done to safeguard the interest of the country from impending danger of natural disaster,
external aggression, internal disturbance or any other problems likely to arise at regional or national
level.

e. Cabinet under the guidance of the Prime Minister and the Finance Minister takes decisions to
impose fresh tax, repeal the old one, or modify the existing tax rates. This is called fiscal power of
the government.

4. Judicial Powers and Functions

a. Executive is the part of the ‘Constitutional Council’ – a body that recommends the name for the
appointment of the Chief Justice of Supreme Court of Nepal to the President. The Prime Minister is
the ‘Chairperson’ of the Constitutional Council along with three other ministers of his choice from
the side of the executive.

b. Executive is the part of the ‘Judicial Council’— a body that recommends the name for judges of the
Supreme Court, Appellate Courts and the District Courts. Amongst other members of the Judicial
Council, Law Minister having independent charge represents the Executive in the meeting of the
‘Judicial Council’.

NOTE: Above two powers and functions are not strictly judicial in nature. However, representation of
executive in appointment of judges including the Chief Justice of Nepal who discharge pure judicial
functions through independent judiciary system entitles them to have initiated the judicial functions (as
procedural formality for appointment of judges) in different courts.

c. Executive has the power to modify the punishment awarded by the Highest Court of Law-- such
as Supreme Court of Nepal. The modification of punishment by the executive can come in the
form of complete pardon or remission (lessening the time-duration of punishment) or commutation
(converting the harsh punishment into lighter one).

Some of the political analysts consider such type of powers enjoyed by the Executive as direct interference
in independent and impartial judicial proceedings undertaken by the courts of law within the country.

5. Miscellaneous Powers and Functions

a. Council of Ministers recommends the name of ambassadors from Nepal to different countries of the
world. The President approves the recommendation to officially appoint them.

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b. Council of Ministers decides upon various kinds of titles, awards and decorations to be given away
to the people from different occupations

c. President is the supreme commander of Nepal Army. He appoints Chief of the Army Staff on the
recommendation made by the Council of Ministers.

d. President on aid and advice of the Council of Ministers imposes emergency on the country in case of
threat to Nepal’s integrity and sovereignty caused due to civil war, external aggression and armed
rebellion.

e. Prime Minister through the decision arrived at in the Cabinet signs an international treaty, takes
part in any international convention and opts for joining the regional or world organizations.

Words and terms you would like to know

Executive: It is an organ of the government which implements the law made by the legislature.

Presidential Democracy: People directly elect the President. President is both the head of the state and the head of
the government. The President does not need the support of the majority of members in the legislature, neither is he
answerable to them. USA follows presidential democracy.

Parliamentary Democracy: People directly elect the Parliament out of which comes the Prime Minister as a leader of
the majority party. Prime Minister is the head of the government, not the head of the state. The Prime Minister does
need the support of the majority of members in the legislature and at the same time, he is answerable to them. UK and
India follow parliamentary democracy.

Nominal Executive: A person who holds ceremonial position divested of all the political powers. For example, the
President in Parliamentary system of governance is the nominal executive.

Political Executive: Executive elected for a fixed period by the people is the political executive. For example, President
in the USA and Prime Minister in India are the political executives.

Direct Democracy: This is a political system where the citizens participate in the decision-making personally, contrary
to relying on intermediaries or representatives.

Representative Democracy: This is a political system where the citizens elect their representatives to govern (make
laws and implement them for their development) the country. Most of the modern democracies follow representative
democracy where the whole body of citizens remains the sovereign power but political power is exercised indirectly
through elected representatives.

Separation of Powers: This is the doctrine and practice of dividing the powers of legislative, executive, and judicial
functions of government among separate and independent bodies. For example, the legislative branch has the power
to make laws; the executive branch has the authority to implement the laws and the judiciary has the power to apply
laws for giving decisions.

Ordinance: Ordinance is a decree or command to be implemented by Executive in absence of Law when Parliament
(Legislature) is not in session.

Activities

1. Collect the names of all the Prime Ministers after the Mass Movement–II (2062/63 BS) till the present
time with their office. Arrange the names of the Prime Ministers in the table given below:

S.N. Name of the Prime Minister Time-period of Holding the Office

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2. Write down the differences between the ‘Federal Executive’ and the ‘Provincial Executive’.
3. Investigate the composition and structure of the present executive (government). Prepare a model after

your investigation is complete and necessary information has been gathered. Write down the names
of all the members of the Council of Ministers and the responsibilities they are discharging in their
respective ministries.
4. Have a role-play of Cabinet meeting all set to decide on a series of important issues. This Cabinet
meeting has the participation of Ministers from the Ministry of Education, Women and Child Welfare
and Home Affairs.
5. Study the Constitution of Nepal, 2072 BS in order to collect information on the Provincial and Local
executives. Present that information in the class.

Exercise

1. Outline the powers and functions of the Executive.
2. How do you cooperate with the Government at personal level? Write in points.
3. If you get up in the morning to know that you are the Prime Minister of Nepal, then what four decisions

will you take in the first Cabinet meeting and why? Give reasons with elaboration.
4. Prime Minister is the captain of the ship called the Council of Ministers. Elaborate the statement.
5. What is coalition government? Under what situation is it formed?
6. Nepal has seen a series of coalition governments after the Mass Movement–II. The Prime Minister

has not been that strong as it is expected in the Parliamentary Democracy and the impact of weak
Prime Minister trying to please every political party to remain in power has adverse impact on the
development of country and welfare of the people. Critically examine the observation.
7. President of Nepal is like the Queen of Britain. Do you agree with this comparison? Give reasons for
your judgement.
8. Differentiate between the nominal executive and the real executive with examples.
9. “All the powers of the Prime Minister are exercised in the name of the President.” Critically Evaluate.
10. “President can delay a Bill but cannot kill it.” Comment critically.
11. Elucidate the principle of “separation of powers”. Why is it needed in democracy?
12. The President is the guardian of democracy. Give argument in favour of the statement with appropriate
illustrations.

Community Work

Government offices are the part of Executive and controlled/directed by different Ministries headed by
Prime Minister. Visit at least four Government Offices and find out which ministries do they belong to and
what kind of executive orders are they working on. Prepare a report on their style of functioning and the
way they make decisions. Present the report in the class.

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Lesson

3 The Judiciary

Introduction to Judiciary: Meaning and Nature

The Building of the Supreme Court of Nepal; Ram Shah Path, Kathmandu, Nepal
Judiciary is one of the three organs of the state. Judiciary in democracy protects the fundamental rights
of the citizens, safeguards the constitution and delivers justice to all who approach this organ of the state
by its decisions, orders, injunctions and writs. For example, the Supreme Court of Nepal on January 08,
2017 (Poush 24, 2073) quashed all the activities related to the appointment of Lok Man Singh Karki as the
Chief of the Commission for the Investigation of Abuse of Authority (CIAA) and declared him unfit (not
meeting the high moral standards and related expertise in this area) to continue in the post. The Supreme
Court issued a mandamus order (writ) in the name of the Constitutional Council and the President’s Office
to appoint a person meeting constitutional qualifications to the position of the Chief of the Commission for
the Investigation of Abuse of Authority. Judiciary in democracy functions as an independent (autonomous)
institution. Judiciary is not interfered in by other two organs of the state namely legislature and the executive.
Judiciary corrects the wrong actions taken by other two organs of the state - legislature and executive -
in accordance with the provisions laid out in the constitution. Independence of judiciary is necessary
to protect the liberty of individuals. Noted French writer Montesquieu had suggested the doctrine of
‘separation of powers’ in 1748 to segregate the judicial function from the legislature and executive function
in order for judiciary to act as the saviour of democracy and to safeguard the fundamental rights of the
citizens. Such a separation limits the possibility of arbitrary excesses by the executive and the legislature.
Judiciary functions with the help of judicial interactions that take place between the Bench (judges acting as
court officers while deciding upon case) and the Bar (pool of advocates/lawyers acting as court advisors). A
‘Judge’ is a government official who administers the law in court of justice by supervising trials, instructing
juries, and pronouncing judgments and sentences. Judges working at different levels of court hierarchy such
as District Courts, High Courts and the Supreme Court are instrumental in delivering justice and protecting
the spirit of democracy by their pronouncements, decisions, sentences, orders, injunctions, directions and
advices. Lawyer/Advocate is a private practitioner of law who contests cases of his clients in court of justice
before a judge and charges fees from the clients for providing the legal services.

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Need or Importance of Independent Judiciary in Democracy

No democracy in the world can succeed unless judiciary is independent. First Chief Justice of Nepal
Hari Prasad Pradhan had made tremendous contributions after the abolition of Rana rule to achieve
independence of judiciary. His support for constitutionalism, the rule of law, separation of power and
independence of judiciary in the events of political onslaughts in early 1950s laid the foundation for
democratic legal system in modern Nepal. In the early fifties (1950s), Chief Justice Pradhan ruled that the
First High Court of Nepal established under the High Court Act of 1952 was the highest judicial court of
modern Nepal in any sense and therefore was entitled to test the constitutionality of all laws and state
actions until the present Supreme Court replaced it on May 21, 1956 (Jestha 8, 2013). This was a bold
assertion for maintaining the independence of judiciary.

Following are the reasons why ‘Independent Judiciary’ is needed in a democratic country like Nepal:

1. Judiciary – Saviour and Interpreter of Constitution: Constitution of Nepal is the supreme law of
the land through which various organs of the government derive their power and authority. Quite
naturally, differences with regard to sharing and separating the powers between the organs of the
government (and constitutional bodies) crop up from time to time. In such a situation, the existence
of an independent and impartial judiciary is essential to interpret the constitution in democratic spirit
and remove the differences. For example, the Supreme Court verdict on January 08, 2017 (Poush 24,
2073) observed that Lok Man Singh Karki failed to meet the criteria as mentioned in the Constitution.
The Court further explained that Karki did not have high moral standards as he was proved guilty
of suppressing the 2006 People’s Movement (Jan Andolan–II) by the investigation commission led by
former justice Krishna Jung Rayamajhi and at the same time his experience in civil service was also
not sufficient to hold the top position as the Chief of the constitutional body CIAA.

Honouring constitutionalism and establishing the rule of law are two sides of the democracy.
Independent judiciary makes it sure to maintain the democratic fabric of the constitution by
interpreting the constitutional provisions in its ‘true letters and spirit’. Both the executive and
legislature have to tread cautiously and should not sabotage democratic practices by amending the
constitution to grab political power. The Supreme Court in such a situation declares such laws or
constitutional amendments as “ultra vires” or “unconstitutional”.

2. Judiciary – Protector of Fundamental Rights: Part 3 of the Constitution of Nepal, 2072 BS provides for
a set of fundamental rights to Nepali citizens. It is mandatory to provide safety measures to citizens in
case their fundamental rights are violated either by state machinery or by the action of any individual.
The safety measures come from judiciary that prevents the violation of fundamental rights and
compensates the citizens. For example, Supreme Court of Nepal gave the orders to release “political
detainees” during the King’s direct rule in 2005 (2061 BS) and had given decision to lift the ban on
broadcast of news from FM radios during the royal regime. Judiciary’s commitment to safeguard
the fundamental rights of the unprivileged class was further highlighted when the verdict of the
Supreme Court ensured citizenship rights to the children of Badi communities. The Supreme Court
had earlier struck down the amnesty provision of the Commission on Investigation of Disappeared
Persons, Truth and Reconciliation Act 2014 (TRC Act) enacted in May 2014. In this context, the Court
ruled that only the judiciary, and not the Commissions established by the TRC Act, can determine the
criminality of any violations committed in the context of the country’s decade-long conflict. Thus,
Nepal’s Supreme Court has firmly reasserted the right of the victims of human rights violations to
seek justice.

3. Judiciary – Umpire in the Political Play of Democracy: Both the executive and legislature are active
organs of government engaged in ‘power politics’. Political parties in competitive politics turn the
legislature as hotbed of opportunistic politics. People are befooled by the antics of political leaders
and welfare of the state takes the back seat in the race of grabbing plum political posts. Judiciary is
the only non-political organ of the government that acts as an umpire and supervises the democratic

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‘fair play’ of the political parties. Judiciary through its timely pronouncements safeguards the
democratic nature of Nepali polity. For example, as per the original provisions of the Interim
Constitution – 2063 BS, the new constitution was to be promulgated by April 28, 2010 (Baisakh 15,
2067), but the Constituent Assembly postponed the promulgation by a year because of disagreements
amongst the political parties. On May 25, 2011 (Jestha 11, 2068), the Supreme Court of Nepal reminded
the political parties of their sacred duty in democracy and ruled that the 2010 extension of the Interim
Constitution was not reasonable. 

Judiciary in Nepal: Organization, Qualification, Jurisdiction

Part 11 of the Constitution of Nepal, 2072 BS has provided for the following structure of the unified judiciary in Nepal.

A. Supreme Court: The Supreme Court is the apex court seated in Kathmandu and therefore is the highest
court in Nepal. The Supreme Court consists of one Chief Justice and other 20 judges. The Supreme
Court is the Court of Records. Unless otherwise provided in this Constitution, all other courts and
judicial institutions are under the control of the Supreme Court. The Supreme Court shall have the
final power to interpret the Constitution and law. The Supreme Court may inspect, supervise and give
necessary directives to courts and other judicial institutions falling under its jurisdiction on matters
relating to judicial administration or management. All other courts in the country follow and apply
the interpretation of constitution and law or the legal principles propounded by the Supreme Court
in relation to court cases. The Supreme Court can initiate a contempt of court case against anyone
obstructing its or its subordinate court’s act of judicial execution or not abiding by its order or verdict.

B. High Courts: Every province of Nepal has one ‘High Court’. Cases in appeal shall come to the High
Court from district courts of Nepal. The High Court can initiate a contempt of court case and punish
anyone obstructing its or its subordinate court’s act of judicial execution or not abiding by its order or
verdict. In addition to the Chief Judge, every High Court has several other judges fixed by the federal
law.

C. District Courts: Every district of Nepal shall have one District Court where the cases of civil and
criminal nature receive the first hearing and consequent decisions. The local level judicial institutions
established according to the provincial law remain under the control and supervision of the District
Court. The District Court may inspect, supervise and issue necessary instructions to its subordinate
judicial institutions.

Appointment and Qualifications for Judges

Following are the provisions regarding appointment and qualifications for the judges of Supreme Court, High Courts
and district courts:

A. Appointment and qualifications of Chief Justice and Justices of the Supreme Court (Part 11, Article
129)

The President appoints a Chief Justice on the recommendation of Constitutional Council and Justices of
the Supreme Court on the recommendation of Judicial Council. Any person who has worked as a Judge
of the Supreme Court for at least three years is eligible for appointment as Chief Justice of the Supreme
Court. Once appointed, the Chief Justice continues to remain in office for six years.

Any Nepali citizen who holds a Bachelor degree of Law and has worked as Chief Judge or Judge of
the High Court for five years or has practiced law for at least fifteen years as a law graduate senior
advocate or advocate or has worked for at least fifteen years in the judicial or legal field or has worked
as a gazetted officer first class or above of the judicial service for at least twelve years is eligible for
appointment as a Judge of the Supreme Court.

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B. Appointment and Qualifications of Chief Judge and Other Judges of High Courts (Part 11, Article
140)

The Chief Justice, on the recommendation of the Judicial Council, appoints the Chief Judge and Judges
of the High Courts.

Any Nepali citizen who has a Bachelor’s degree in Law and has worked as a District Judge for at least
five years or has practiced as a law graduate senior advocate or advocate for at least ten years or for at
least 10 years has either taught Law or conducted research thereon or worked in any other field of law
or justice or worked in any post of gazetted first class officer of the Judicial Service for a period of at least
five years shall be considered eligible for appointment as Chief Judge or other Judge of the High Court.

C. Appointment and Qualifications of Judges of District Courts (Part 11, Article 149)

The Chief Justice, on the recommendation of the Judicial Council, appoints the Judges of the District
Courts.

The positions of vacant District Court judges are fulfilled in the following manner

I. Out of the total vacant positions, 20 percent positions are to be fulfilled through appointment of
the second class officers of the judicial service who have completed Bachelor’s level in law and
having completed at least three years of service, based on seniority, qualifications and evaluation of
performance;

II. Out of the total vacant positions, 40 percent positions are to be fulfilled through appointment of the
second class officers of the judicial service who have completed Bachelor’s level in law and having
completed at least three years of service, based on an open competitive examination;

III. Out of the remaining positions, 40 percent of positions to be fulfilled through an open competitive
examination from amongst Nepali nationals who have the Bachelor’s degree in law and worked as
an advocate for eight years or at least eight years in any post of gazetted second class officer having
completed Bachelor’s degree in law or persons who have practiced law or have either taught law or
conducted research thereon or worked in any other field of law and justice for at least eight years;

IV. Judicial Service Commission, after taking written and verbatim practical examinations according to
the law from among the persons with necessary qualifications as mentioned above, recommends to
the Judicial Council according to the merit list for appointment as district judge.

Jurisdiction of all the courts functioning at different levels as the unified judiciary

A. Jurisdiction of the Supreme Court: Any Nepali citizen may file a petition in the Supreme Court if
his or her fundamental rights have been infringed. The Supreme Court has original power to enforce
the fundamental rights conferred by the Constitution. The Supreme Court issues appropriate orders
and writs including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto
with a view to imparting full justice and providing the appropriate remedy. The Supreme Court
can also enforce any other legal right for which no other remedy has been provided or the available
remedy is quite inadequate. The Supreme Court entertains ‘Public Interest Litigation (PIL)’ to settle
down any constitutional or legal question involved in any dispute of public interest or concern. It has
an extraordinary power to declare any law unconstitutional or ultra vires or void in case the law in
question does not match with the core values and principles of the Constitution of Nepal.

The Supreme Court has the jurisdiction to hear original and appellate cases, to review its own
judgments or interim orders, to examine decision referred for confirmation, review cases or hear
petitions. Such review is exercised by judge other than the one involved in original verdict. The
Supreme Court hears appeal of cases that have been initiated and executed by the High Courts.
The Supreme Court renders advice to the other organs of the government namely executive and

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legislature on constitutional matters. Advice given by the Supreme Court is optional (non-binding) in
nature on executive or/and legislature. Supreme Court is the final and the most authentic interpreter
of the provisions of the constitution and any other laws. Constitution is the ultimate guide for
running the government, different ministries and the departments. Many a times confusion arises
with regard to correct interpretation or right course of action as per the provisions of the constitution.
The Supreme Court advice acts like a light in the darkness of jungle where all the paths have been lost.

B. Jurisdiction of the High Court: The High Court has jurisdiction (power) to issue appropriate orders
and writs (including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto)
for the enforcement of the fundamental rights conferred by this constitution or the legal rights
provided by any other law of the land. The High Court has jurisdiction to hear original and appellate
cases and to examine decisions referred for confirmation from the lower courts as provided for in law.
The High Court enjoys all the powers which the federal law confers on it.

C. Jurisdiction of the District Court: The District Court, unless provided otherwise in the law, has
jurisdiction to hear original cases and execute all cases within its jurisdiction, hear petitions of habeas
corpus, prohibitory order and other petitions according to the law, hear appeal over the decisions
taken by the quasi-judicial bodies, hear appeal over the decision of the local level judicial institutions
established according to the law of the province and initiate action and punish in contempt of court
against those obstructing its or its subordinate court’s acts of judicial execution or not abiding by the
order or verdict.

Introduction to Different Kinds of Writs

The constitution provides for five kinds of “prerogative” writs

1. The writ of habeas corpus is issued to a detaining authority, ordering the detainer to produce the
detained person before the court with the explanation for his or her detention.

2. The writ of mandamus is issued to a subordinate court, an officer of government, or a corporation or
other institution commanding the performance of certain acts or duties legally meant for public welfare.

3. The writ of quo warranto is issued against a person who claims or usurps a public office that does not
rightfully belong to the usurper. The court inquires by issuing this writ that ‘by what authority’ the
person supports his or her claim to a public office.

4. The writ of certiorari is issued to a lower court directing that the record of a case be sent up for review,
together with all supporting files, evidences and documents, usually with the intention of overruling
the judgment of the lower court.

5. The writ of prohibition is issued by a higher court to a lower court prohibiting it from taking up a
case that falls outside the jurisdiction of the lower court and transfers the case to itself.

Provisions that Ensure Independence of Judiciary in Nepal

For institutionalization of democracy in Nepal and for rooting out corruption from all the departments including
the courts of law, it is imperative to have independent judiciary in the country. Following provisions in interim
constitution safeguard the independence of judiciary:

(a) The appointment of judges is not rooted in personal favoritism or political bias. Judges in Nepal
right from the apex court to the lowest court in a district are selected and appointed by following set
procedures involving the constitutional bodies like Constitutional Council, Judicial Council and Judicial
Service Commission.

(b) A judge cannot be dismissed from service until s/he retires at the age of 65 years in case of apex court
and 63 years for other judges. Removal before the term happens through impeachment in parliament
based on the same grounds as it applies to the President for proved misbehaviour and misconduct.

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(c) The salaries and allowances of the Chief Justice and other judges of the Supreme Court are charged from
the Consolidated Fund of Nepal and cannot be reduced by the Parliament.

(d) Parliament is not authorized to discuss the conduct and behaviour of a judge when session is in progress.

(e) A retired judge of the Supreme Court cannot plead in any court or tribunal of Nepal.

Words and terms you would like to know

Ultra Vires: Ultra vires literally means beyond legal capacity or not supported by law or not within the framework of
law. The word unconstitutional is often used for the word ultra vires. Unconstitutional too means not consistent with
the provisions of the constitution.

Constitutionalism: Constitutionalism is restricted to democratic country where citizens are protected through series of
fundamental rights, rule of law, periodic elections and what not, all ensured through constitution – supreme law of the
land, inviolable and sacred in nature to guide the governance towards delivering development.

Unified Judiciary: All the courts from the Supreme Court at the top, High Courts in the middle and down to the district
courts at the grass roots level in each district are the part of the single undivided justice-delivery system called judiciary.
All about the hierarchy in courts is but one single whole – unified judiciary.

Independent Judiciary: Judiciary as one of the organs of the government is strictly detached from the other two organs
viz. Executive and legislature and functions more as the umpire to oversee the fair play of democracy by other two
organs.

Contempt of Court: Any act or omission that lowers down the prestige and reputation of any court of law in the eyes
of the people within the country generally through criticism of character of judges, opposing the decisions on selfish
interest and so on.

Impeachment of Judges: Impeachment motion is introduced in parliament to remove the judges if proved misbehavior
or misconduct has come to surface along with violation of constitutional provisions. Impeachment motion can be
tabled in the House if one-fourth of the lawmakers support it and if that motion is passed by the two-thirds majority
of the total members of the House of the legislature then the judge is said to have been removed by the motion of
impeachment.

Constitutional Council: Constitutional Council recommends the name of eligible candidates for various constitutional
posts and positions. It is composed of the Prime Minister (as Chairman) and other members such as Chief Justice,
Speaker of the Legislature-Parliament, three Ministers chosen by the Prime Minister, and the leader of the opposition
party in Legislature-Parliament.

Judicial Council: A Judicial Council makes recommendations and gives advice in accordance with the Constitution
concerning the appointment of, transfer of, disciplinary action against, dismissal of judges, and other matters relating

to judicial administration. It consists of the Chief Justice as (Chairperson) and other members like Federal Minister
for Law and Justice, Senior-most Judge of the Supreme Court, a legal expert nominated by the President on the
recommendation of the Prime Minister, a senior advocate, or an advocate who has at least 20 years’ experience to be
appointed by the President on the recommendation of the Nepal Bar Association.

Activities

1. Meet a person who has got the justice delivered by the Supreme Court. What is his impression about the
justice delivery system in Nepal and the role that Supreme Court plays in this process? Write down his
comments and analysis and convert the same into monologue.

2. Organize a speech competition on the topic “Independent and Impartial Judiciary – the Basic Foundation
of Democracy” and form a team for evaluating the quality of speech and judge the three best speeches.

3. Article 133 of the Constitution of Nepal allows filing PIL (Public Interest Litigation) in case of @any
dispute of public interest or concern. The article states that "the Supreme Court shall, for the enforcement
of the fundamental rights conferred by this Constitution or of any other legal right for which no other
remedy has been provided or for which the remedy even though provided appears to be inadequate
or ineffective or for the settlement of any constitutional or legal question involved in any dispute of
dispute of public interest or concern, have the extraordinary power to issue necessary and appropriate
orders, provide appropriate remedies, enforce such right or settle such dispute." Organize an extensive

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discussion on significance of PIL by citing real examples. Also discuss how PIL plays important role in
developing the society at grass root level.
4. Article 17 of Nepal Administration of Justice Act-2016 says "if anyone hinders performance of the
judiciary or disobeys a court verdict, these issues will be the subject of contempt of court". Does it
mean decisions and orders passed by the Supreme Court caanot be criticized or analyzed to express
displeasure? Do you think even the Chief Justice can also be tried for contempt of court? It is to be noted
here that a contempt of court case was filed on March 7, 2018 at the Supreme Court against Chief Justice
Gopal Prasad Parajuli, who is facing widespread criticism for issuing an ordering with an aim to impose
prior censorship on media.

Exercise

1. What is judiciary? Elucidate the meaning of unified and independent judiciary.
2. Outline the powers and functions of the Supreme Court of Nepal.
3. What are the ways to keep the judiciary independent and impartial in democracy? Give suggestions.
4. What are the qualifications needed to become the Chief Justice and the Judges of the Supreme Court?
5. Analyze the functions or works discharged by judiciary in a democratic country like Nepal.
6. What are the qualifications to become the judge of the High Courts and the District Courts?
7. Differentiate between the Constitutional Council and the Judicial Council.
8. Explain the importance of independent judiciary in Nepal.
9. Discuss the writ jurisdiction of the Supreme Court by giving details of any four writs.
10. The Supreme Court of Nepal is the court of records. Elaborate.

Community Work

Prepare a set of questions on the roles played by the judiciary in Nepal in the last 20 years for saving
democracy and people’s rights. Meet with any five senior lawyers in nearby areas and two retired judges
living in your district. Get their responses and views on the set of questions you have prepared. Organize
their responses and views into a report and give conclusions as to how far Nepal’s democracy is safe in the
jurisdiction of the present judiciary.

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Lesson

4 Constitutional Bodies (Organs)

Constitutional bodies are constitutionally created ‘autonomous institutions’ aimed at bringing democratic
culture in the country. These constitutional bodies have a vital role to play in institutionalizing democracy
after the Mass Movement II in order to achieve all round development of the society. Let’s know about them
one by one.

COMMISSION FOR INVESTIGATION OF ABUSE OF AUTHORITY
Composition and Appointment

Part 21of the Constitution of Nepal 2072 BS (from Article 238 to 239) deals with CIAA. CIAA stands for
Commission for Investigation of Abuse of Authority and is composed of one Chief Commissioner and
four other commissioners on the recommendation of the Constitutional Council. The President appoints
the Chief Commissioner and other commissioners. They remain in the office for six years or until 65 years
of their age, whatsoever is earlier. Chief Commissioner and other commissioners of the CIAA are removed
in the same manner as judges of the Supreme Court are removed (i.e. through impeachment).
Qualifications:
To become the Chief Commissioner and commissioners of the CIAA, following qualifications are needed:
(a) S/he has completed the ‘Bachelor Degree’ from any of the university recognized by Government of

Nepal.
(b) S/he is not the member of any political party at the time of the appointment.
(c) S/he has worked for minimum 20 years and reputation in the field of law, development, auditing,

revenue, and engineering or in any other research field.
(d) S/he has completed 45 years of age.
(e) S/he has high moral character.
Power, Functions and Responsibilities
1. CIAA, as per law, investigates into and conducts probe on any improper act or corruption with

regard to abuse of authority done by a person holding the ‘public post’.
2. CIAA, during and after investigating abuse of authority, may warn the concerned individual,

recommend for departmental action, or ask the abuser to furnish explanation regarding corrupt
activities and submit the same before CIAA.
3. CIAA, after having completed the investigation and finding the person guilty of corruption under
any existing law of the land, may file a case against the main abuser and those who assisted the
abuser.
4. CIAA can launch further investigation into the cases where people holding constitutional posts have
been impeached or judges have been held guilty by judicial council and thus impeached or any staff
from Nepal army held guilty under army act and thus dismissed.
5. CIAA prepares an annual report regarding all the work done by this constitutional body and submits
the same to the President. Then, the President, through the Prime Minister, presents that report before
legislature-parliament.

AUDITOR GENERAL OF NEPAL

Composition and Appointment
Part 22 of the Constitution of Nepal 2072 BS (from Article 240 to 241) deals with the Office of the Auditor

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