Sunday, December 17, 2023

Jivesh Jha’s book, coauthored with a law professor, launched at convocation event of University of Lucknow

 


NL Today - 16 December, 2023

 @NepalLiveToday

Kathmandu: Laws Related to Women and Children, the book authored by Jivesh Jha and Dr Alok Kumar Yadav, was launched in the 66th convocation ceremony of University of Lucknow in India.  The book delves into legal frameworks relating to women and children, covering constitutional, civil (domestic/national) laws and international laws on women and children. The book offers an insight on Indian and international laws in the light of Nepali legal system.

Published by University Book House Jaipur, the book also shows how women in Nepal’s Madhesh and north India go onto rigorous fasting for more than 36 hours during Chhath, abstaining from a single drop of water, to appease Lord Surya and Chhathi Maiya for longevity and well-being of their male family members.




Even while chanting Mantras, or while worshiping, the name of goddess comes first. For instance, Radha-Krishna or Sita-Ram, or Gauri-Shankar. Here, the name of goddess appears first.

Authors argue that Nepal’s Constitution, which is a much progressive and gender friendly document, provides a good deal of provisions to upkeep the concerns of women and children.

Jivesh Jha who is currently a Judicial Officer at Janakpur High Court, Rajbiraj Bench, has been writing and researching about constitutional and legal issues of Nepal and India and beyond.  Prof Dr Alok Kumar Yadav is a faculty of Law at Lucknow University. Jha has an LLB degree from Uttarakhand Technical University Dehradun (with gold medal) and Master’s degree in Constitutional law.

https://www.nepallivetoday.com/2023/12/16/jivesh-jhas-book-coauthored-with-a-law-professor-launched-at-convocation-event-of-university-of-lucknow/

Jivesh Jha’s book, coauthored with a law professor, launched at convocation event of University of Lucknow

 

Jivesh Jha’s book, coauthored with a law professor, launched at convocation event of University of Lucknow

NL Today 

  • Read Time 1


KathmanduLaws Related to Women and Children, the book authored by Jivesh Jha and Dr Alok Kumar Yadav, was launched in the 66th convocation ceremony of University of Lucknow in India.  The book delves into legal frameworks relating to women and children, covering constitutional, civil (domestic/national) laws and international laws on women and children. The book offers an insight on Indian and international laws in the light of Nepali legal system.

Published by University Book House Jaipur, the book also shows how women in Nepal’s Madhesh and north India go onto rigorous fasting for more than 36 hours during Chhath, abstaining from a single drop of water, to appease Lord Surya and Chhathi Maiya for longevity and well-being of their male family members.

Even while chanting Mantras, or while worshiping, the name of goddess comes first. For instance, Radha-Krishna or Sita-Ram, or Gauri-Shankar. Here, the name of goddess appears first.

Authors argue that Nepal’s Constitution, which is a much progressive and gender friendly document, provides a good deal of provisions to upkeep the concerns of women and children.

Jivesh Jha who is currently a Judicial Officer at Janakpur High Court, Rajbiraj Bench, has been writing and researching about constitutional and legal issues of Nepal and India and beyond.  Prof Dr Alok Kumar Yadav is a faculty of Law at Lucknow University. Jha has an LLB degree from Uttarakhand Technical University Dehradun (with gold medal) and Master’s degree in Constitutional law.


https://www.nepallivetoday.com/2023/12/16/jivesh-jhas-book-coauthored-with-a-law-professor-launched-at-convocation-event-of-university-of-lucknow/

Sunday, December 3, 2023

छठको स्वागतमा तयार मधेश


जिवेश झा  (बिहीबार, कात्तिक ३०, २०८०, हिमाल खवर पत्रिका)


वातावरणीय संरक्षण, समानता र सामाजिक एकता छठ पर्वका मूल सन्देश हुन्।


जिवेश झा

काँचही बांस के बहिंगीया, बहाँगी लचकत जाय

बाटही पुछ ए बटोहिया, ई भार किनकर जाय

अमरुख छ हि रे बटोहिया ई भार छठी माई के जाय।


दशैं सकिए लगत्तै मधेशका बजारमा यस्ता गीत निकै घन्किरहेछन्। अर्थात्, यो तराई-मधेशको महापर्व छठ नजिकिएको संकेत हो।

भक्तिरसले पूर्ण गीतसंगीत र तिनका शब्दले युवा पुस्तालाई विशेष भावुक बनाइरहेको हुन्छ। खास गरी छठी मातालाई पुकारा गर्ने यी गीत छठ सकिएपछि प्रायः गाइँदैन।

छठ ठ्याक्कै कहिले मनाइन्छ त? यो सूक्ति हेरौं- जितिया दसे दशमी, दशमी पाँचे कोजाग्रत, कोजाग्रत पन्ध्रहे शुकराती (दिवाली), शुकराती छवे छैठ। अर्थात्, जितिया पर्वको १० दिनपछि दशैं, दशैंको पाँच दिनपछि कोजाग्रत पूर्णिमा, कोजाग्रतको १५ दिनपछि दीपावली अनि दीपावलीको ६ दिनपछि छठ।

अर्को सूक्तिले भन्छ- सुख शुकराती दियाबाती तकरे छवे छैठ। अर्थात्, छठ र दीपावलीको बीचमा ६ दिनको अन्तर छ।

समानता र एकताको पर्व

छठको पौराणिकता केलाउँदा यसलाई महाभारतकालमा कुन्तीले सूर्यको आराधनाबाट कर्णलाई जन्माएको घटनासँग जोडिन्छ। वेदमा उल्लेख भए अनुसार छठीदेवी सूर्यदेवकी पत्नी हुन्।

द्वापरयुगमा रामसीता वनवासबाट फर्किएपछि सूर्यदेवको सम्मानमा व्रत बसेको र त्यो वेलादेखि यो पर्व झन् विस्तार भएको मान्यता छ। महाभारतकालमा कर्णले हरेक दिन पानीमा उभिएर सूर्यको पूजापछि दानदातव्य गर्ने गरेको, पाण्डवले कौरवलाई परास्त गर्न यही पूजा गरेको कथा पनि सुन्न पाइन्छ।

पर्वमा भक्तहरू सूर्यप्रति कृतज्ञता व्यक्त गर्दै चार दिनसम्म महत्त्वपूर्ण अनुष्ठान गर्छन्। हुन त मिथिलामा प्रत्येक दिन सूर्यलाई जल चढाइन्छ तर छठमा विशेष पूजा हुन्छ। छठमा नुहाउँदा कुष्ठ र छालाका अन्य रोग निको हुने जनविश्वास छ।

व्रत बस्ने महिलाहरू ‘धनधान्य, पति-पुत्र तथा सुखसमृद्धि’ ले युक्त हुने विश्वास गरिन्छ। तर व्रतालु महिला मात्र हुनुपर्छ भन्ने छैन। पुरुष पनि व्रत बसेर पूजामा संलग्न हुन पाउँछन्। यो पर्व न जातीय छ न त वर्ग केन्द्रित।


छठले जलाशय र घाट सरसफाइलाई प्राथमिकता दिन्छ। त्यसैले दशैं सकिए लगत्तै धर्मावलम्बीहरू नदी, ताल, पोखरी सरसफाइमा खटिन्छन्। यसरी पानीको संरक्षण र संवर्द्धनसँगै प्रदूषण न्यूनीकरणलाई प्राथमिकतामा राखेकाले यो पर्व वातावरणीय दृष्टिकोणले पनि वैज्ञानिक छ। 

छठ पर्व महिलाको त्याग र समर्पणको पर्यायवाची हो। उनीहरू ४० घण्टाभन्दा बढी सकेसम्म पानीसम्म नपिई उपवास गर्छन्। छठीमैयालाई खुशी पार्न घाटमा बसी एकअर्कालाई सिन्दूर लगाइदिई पति र सन्तानको कल्याणको कामना गर्छन्।


यसले देखाउँछ कि महिलाहरू आफ्ना पति, बच्चा र परिवारलाई अन्य कुराभन्दा प्राथमिकता दिन्छन्। पर्वमा सन्तान नभएका दम्पतीले त्यसैको प्राप्तिका लागि सूर्यको उपासना गर्ने प्रचलन पनि छ। यो पर्वमा कुनै पण्डितको आवश्यकता पर्दैन। प्रत्येक धर्मावलम्बी समान हुन्छन्। सबैलाई समान नियम छ। 


नियम र निष्ठा

छठको व्रत बडो नियम र निष्ठाले बसिन्छ। यसमा तीन दिनको कठोर उपवासको विधान छ। पञ्चमीका दिन नून रहित भोजन एक छाक खाई थालिने व्रतमा षष्ठीका दिन पानी पनि पिउन नहुने मान्यता छ। पर्व अवधिभर व्रतालु भुइँमै सुत्नुपर्छ।

‘सूर्यषष्ठी’ का नामले पनि चिनिने यो पर्वमा शक्ति र ब्रह्म दुवैको उपासना गरिने भएकाले फल एकै साथ प्राप्त हुने विश्वास गरिन्छ। 

छठको पहिलो दिन अर्थात् ‘नहाय खाय’ मा पूजामा चढाइने सम्पूर्ण सामग्री तयार पारिन्छ। दोस्रो दिन खरणामा दिनभर उपवास बसिन्छ। राति भगवान्‌लाई भेली, दूध र चामलबाट तयार पारिएको खर चढाई प्रसाद लिइन्छ।

तेस्रो दिन ठकुवा-भुसवा पकाइन्छ। बेलुकी अस्ताउँदो सूर्यलाई अर्घ्य दिइन्छ जसलाई सौझका अर्घ्य भनिन्छ। चौथो दिन उदाउँदो सूर्यलाई अर्घ्य दिएपछि प्रसाद ग्रहण गरी खाना खाइन्छ। यो प्रक्रियालाई पारण भनिन्छ। व्रत सकिएपछि छिमेकी, आफन्त तथा कुटुम्बलाई प्रसाद बाँडिन्छ।

यो चार दिनको पर्वभन्दा अघि ‘मरुवा माछ वारनाई’ पालना गरिन्छ। यो भनेको लसुन, प्याज, माछा-मासु नखाई हामी छठका लागि तयार भयौं भन्ने संकल्प हो। यस अर्थमा छठ पाँच दिने पर्व हो।

छठमा मौसमी फल, केराको घरी, उखु, ठेकुवा, मूला, सुथनी, अखरोट, बदाम, नरिवल, रातो-पहेंलो कपडा, कलश सहित करीब ७० प्रकारका वस्तुको प्रयोग हुन्छ। यीमध्ये कुनै चिज उपलब्ध नहुँदा तराईमा विशेष रूपले उब्जिने गम्हरी चामल राखेर त्यसको क्षतिपूर्ति गरिन्छ।

बाँसको टोकरीमा यी सबै पकवान्न हाली जलाशयको किनारमा राखिन्छ। बाँसकै टोकरी, घैला, माटोको हाती, माटोकै सर्वा लगायत भाँडावर्तनमा प्रसाद राखिन्छन्। बाँसले वंश बढाउने मान्यता रहेकाले सोही कामनाले यसैबाट बनेको टोकरी र सूप प्रयोग गर्ने गरिएको हो।


त्यसपछि महिलापुरुष र बालबच्चा मिलेर सोहर गाउँछन्-

रात छठी मइया गवनै अइली

आज छठिया मइया कहवा बिलम्बली

बिलम्बली बिलम्बली कवन राम के अंगना

जोड़ा कोशियवा भरत रहे जहवां जोड़ा नारियल धइल रहे जहंवा

उंखिया के खम्बवा गड़ल रहे तहवां।


छठी मातालाई कोशी नदी बहुतै प्यारो रहेको वर्णन यो गीतमा छ। छठ पर्वको भक्ति झल्किने गीत अरू पनि छन्। जस्तै-

केरा जे फरे घौद से ओई पर सुगा मँडराय 

मारबौ रे सुगवा धनुष से, सुगा खसे मुरझाय

उ जे खबरी जनइबो अदिक से सुगा देले जुठियाए

उ जे मरबो रे सुगवा धनुक से सुगा गिरे मुरझाय

उ जे सुगनी जे रोवे ले वियोग से आदित होइ ना सहाय।


भूमण्डलीकरणको प्रभाव

छठमा भूमण्डलीकरणको प्रभाव पनि परेको छ। पहिले चिठीपत्रबाट शुभकामना आदानप्रदान हुने गरेकामा अहिले सामाजिक सञ्जालबाट गरिन्छ। यूट्यूबमा छठका भिडिओ प्रशस्तै छन्। यसबाट यो पर्व ‘इन्टरनेट फ्रेन्ड्ली’ बन्न पुगेको छ।

छठको महत्त्वबारे अहिले मधेशी मात्र होइन, तमाम हिन्दू समाज परिचित छ। यो उपलब्धि भूमण्डलीकरणका विभिन्न माध्यमबाटै सम्भव भएको हो। यद्यपि अहिले पर्वमा पटाका पड्काएर वातावरण प्रदूषित पार्ने प्रवृत्ति बढेको छ। यसलाई छठमा भित्रिएको आधुनिकीकरणको प्रतिकूल प्रभाव मान्न सकिन्छ।

कुनै वेला नेपालको मधेश, भारतका बिहार र उत्तरप्रदेशमै सीमित छठ अब काठमाडौं सहित हिमाली भेगमा पनि फैलिएको छ। केही गैरमधेशी समुदायमाझ पनि पुगेको छ। भारतको महाराष्ट्र लगायत प्रदेश तथा अमेरिका, इङ्ल्यान्डमा रहेका हिन्दूले पनि हर्षोल्लासपूर्वक छठ मनाउन थालेका छन्। 

छठ पर्व दशैं-दीपावली आदिभन्दा सस्तो र कम झन्झटिलो हुन्छ। माटाका वर्तन, बाँसका सामान, बारीमा उब्जिने तरकारी, फलफूल प्रयोग हुने भएकाले पैसा धेरै खर्च हुँदैन। यसले नयाँ पुस्तालाई प्राचीन प्रयास र अनुभवको बोध गराउँछ।

यस पर्वले दिने सन्देशलाई हामीले जनजीवनमा किन ढाल्न सकेनौं त? विचार गर्नुपर्ने भएको छ। भाइचारा छठको दिन मात्र राखेर पुग्दैन। त्यसैले वर्षभरि नै मिलेर बसौं। वातावरणीय प्रदूषण विरुद्ध एक हौऔं। वातावरणीय संरक्षण, समानता र सामाजिक एकता नै यो पर्वका मूल सन्देश हुन्।


बिहीबार, कात्तिक ३०, २०८०  हिमाल खवर पत्रिकामा  प्रकाशित

https://www.himalkhabar.com/news/138844

Chhath: Festival Of Cleanliness, Purity And Devotion

 


blog

As a grand event that is largely attended by married women and marks the complete submission of devotees before the Chhathi Maiya, the Chhath festival – which is linked to faith, purity, and devotion to the sun god – has evolved into a Mahaparva.  The festival is observed on the sixth day of the month of Kartik. Nonetheless, the term ‘Chhath’ originally meant "sixth" in ancient Prakrit, as the festival is observed twice a year on the sixth lunar day of the Hindu calendar months of Kartik and Chaitra. Typically, the Chhath celebration starts six days following the festival of lights, Dipawali.

Hindu Scriptures  

The Vedas refer to Usha as Chhathi Maiya, the wife of the sun god. Though Chhath is a solar festival, it has historically and socially been associated with women since Chhathi Mai is believed to be the goddess of children's protection, assuring them longevity and good health. The Mahabharata and the Ramayana are particularly relevant here.  After their 14-year exile, Lord Rama and Mata Janaki (Sita) kept a fast in praise of the sun god, Surya Dev, and only broke it at first light the next day. Karna, the son of Surya Dev and Kunti, is described in the Mahabharata as offering prayers while standing in water and giving Prasad to devotees, Rishis, and other people. Another myth is about how Draupadi and the Pandavas worshipped in a similar way to overthrow the Kauravas.

Rituals 

For four days, the devotees carry out significant rites and offer their heartfelt thanks to Lord Surya.  The celebration encourages community members to be clean, egalitarian, socialist, and brotherly.  At the start of the Chhath Puja, called “Nahay Khay”, devotees take a pledge to abstain from onion, garlic, hotel-prepared meals, and other non-vegetarian items until the end of the celebration in order to maintain their purity and sublimeness. This vow is called a declaration of “Machh-maruwa Barnai”.  In general, it is believed that the puja starts from “Nahay Khay”. But, it’s only partially true. The Puja commences from “Machh-maruwa Barnai, i.e., a day before “Nahay Khay”. On this day, the devotees take food prepared in their own kitchen after taking bath and offering prayers to sun god. 

The Kharna is the second day. The devotees take fast till the conclusion of Kharna in the evening. Kheer made up of rice, milk and Gund (Jaggery) and Puri are offered to the god and distributed among the family members later in evening (after sunset).  The third day is called Saunjh ka Arghya (evening offering), often called Pahila Arghya.  We are celebrating the first offering on November 19 this year. This day is considered to be the toughest day for the devotees, who are mostly women. They observe a rigid fast where they neither take water nor any food item. They take dips in the waters, mostly neighbourhood ponds or rivers, in the evening and it goes till the sunset. They offer prayers to sun god with all the fruits and Prasad prepared in their own but separate kitchen, like Thakuwa, Bhuswa, Khaja, Mithae and other fruits, including grapefruit, sugarcane and banana.  

The offerings, which consist of coconuts, turmeric roots, and green veggies like carrots, sweet potatoes, and radishes that are cultivated in the ground, are preserved in a bamboo stick-made "Sup" (winnow).  Furthermore, the offerings are also stored in earthenware vessels. At the ghat (bank of rivers or streams), ladies smear vermillion on the forehead of another woman. It’s considered to be auspicious to do so.  It is a widely held notion that women paint long yellow vermillion from their heads to their noses in an attempt to impress Chhathi Maiya and ask for her blessings for her children’s and husband's long life and the wealth of her entire family. On the Bhor ka Arghya (morning offering), the fourth and final day, devotees break their fast after offering prayers to the rising sun. They take dip in waters and offer every Prasad to the god again. This way, the devotees take fast without consuming a single drop of water, or other foods for more than 36 hours (beginning from Saunjh ka Arghya to the Bhor Ka Arghya). 

Festival of submission, equality 

The celebration is associated with the devotion and sacrifice of female devotees. The rigorous fasting demonstrates how women prioritise their husbands, kids, and families above everything else in our part of the world.  Offering 70 varieties of handmade dishes and fruits has been in practise. It does, however, have a few exceptions. A devotee must provide "Gamhari" rice, which is only grown in the Terai, if they are unable to present all 70 different kinds of food.  This celebration calls for clean, green waters free of pollutants, aiming to bring people together in the battle against environmental hazards.  

The festival serves to strengthen the ties of equality, fraternity, togetherness, and integrity. Every devotee, regardless of class, colour, or economic status, makes nearly identical Prasad and other offerings for the almighty, and all assemble at the ghat to offer prayers. In this regard, the celebration encourages brotherhood and equality. Maybe this is only festival that goes without necessity of male priests and utterance of Sanskrit mantras. However, on the final day, Bhorka Arghya, a woman devotee at the ghat recites a story of how Chhatha puja began and became a part of festivity among its devotees.  It’s high time for us to acknowledge the messages of Chhath and stand against pollution and other acts that tend to frustrate equality, fraternity and purity.

https://risingnepaldaily.com/news/35100

(Jha is currently a Judicial Officer, at Supreme Court . jhajivesh@gmail.com)  

Defending federal democracy


  • From ensuring federalism to rule of law, to good governance and inclusivity, the latest constitution has everything progressive for the people. The only thing we need is to implement the constitution in a true and material sense


Jivesh Jha


Dec. 4, 2023, The Annapurna Express 

The constitution of Nepal guarantees equitable participation of different communities in state mechanisms. Its preamble envisages an equitable society based on proportional, inclusive, and participatory values in order to combat prejudice, and to advance social justice, equality, and diversity.


The federal system of governance, pluralism, egalitarianism, rule of law, inclusivity, and good governance are the basic tenets of the 2015 constitution. The goal is to establish “sustainable peace, good governance, development, and prosperity through the federal democratic republican system of governance,” as stated in the final section of the preamble.

The federal structure was adopted to ensure that the provinces, while remaining independent in their jurisdictions, combine themselves for the national purpose. The administrative powers are divided between the center and province; and both are supreme in their respective areas. In a federal democracy, there appears to be “effective innovation within the system both at the federal and state level” argues John Warhurst, professor of political science at Australian National University.

 In a paper presented at International Conference on Federalism, Devolution of Power and Inclusive Democracy in Nepal and Asia organized by Kathmandu University School of Law in Kathmandu on Nov 22-23, Prof Warhurst argues, “The federal system has survived wars, pandemics and natural disasters with mixed success. Its operations have evolved to meet new circumstances and the aspirations of different political leaders and political movements and parties.” 

He is of the view that the benefits of federalism could be seen in its flexibility to deal with regional differences, including economic and financial disparities and to respond to local cultural differences and varying needs. In Nepal’s case, Madhesh is considered as the flagbearer of federalism, as the people and the Madhes-based parties have been the most vocal advocates for the strengthening of the provincial system. 

The Madhesi community, one of the underprivileged groups, believed that federalism could be the best alternative to achieve self- rule at the province and shared rule at the center. The federal practices could be meaningful in many respects. It could help us to champion the regional or local expectations and aspirations. We should enact laws and policies in furtherance of the local demands and culture. The center should coordinate and cooperate with the provinces as our constitution has been modeled on the principle of cooperation, coexistence and coordination, as enunciated under Article 232. 

Federal features

Article 56 of the constitution envisages that the federation, provinces, and local governments are the political entities that exercise the sovereign power. The charter has empowered all the three tiers of the government to legislate in line with the matters enumerated under the Schedules. Our constitution provisions that the laws enacted within the jurisdiction of Federal List would prevail over the laws framed under concurrent or Provincial List. And, the laws of Concurrent List would prevail over the Provincial List. At this juncture, the constitutional mandates of India and Nepal stand on the same page.

The supremacy of the constitution is yet another essential element of federalism. Article 1 declares the charter as the fundamental law of the land which itself has a rationale that the constitution is supreme in the state. Laws that are inconsistent with the constitution shall, to the extent of such inconsistency, be void. The independence of judiciary and bicameralism further supplement the notion of federalism. In the federal system of governance, the power is divided between the national government and provincial governments. 

The federal system of the United States has not been fully adopted even in India because the American model may not have suited India. Further, India had followed a more or less Canadian system rather than the United States of America’s system of federation. In the United States, the residuary powers are reserved to the states by the constitution. While in India, the residuary powers are given to the center under Article 248 because India has followed here the Canadian system, vesting the residuary powers in the union. Much like India, the residual power rests with the federation in Nepal (Article 58, Constitution of Nepal).

Blame game

Some argue that federalism has become a costly affair. Some say corruption is at its zenith due to federal structure. In fact, none of the systems of governance could give you a magic stick to give solutions to every problem. A system of governance could work as a lamppost showing vivid paths. 

In Nepal’s case, there has been a trend of blaming the constitution to cover up all the mistakes committed by the political actors, and as a result of which, we are witnessing the seventh constitution in hand. As a matter of fact, no self-respecting nation should allow its fundamental law of the land to be used like a playing card at the behest of certain political actors. Our constitution guarantees the right to employment as a matter of fundamental rights, but the state has failed to stabilize and stop the outflow of migrant workers.

Remittances are the foundation of Nepal’s economy, constituting about one-third of the GDP, sustaining the national economy as well as adding to the household income. In contrast, right to education and healthcare are also acclaimed as the fundamental rights, but the government-aided educational institutions and hospitals have measurably and miserably failed to stand up to the peoples’ expectation. Resultantly, there appears to be privatization in the education and health sectors. Can we blame the constitution for all these problems?

Way forward

If every political party had their own interpretation of the constitution, in such a case, the premier book would be rendered meaningless. In Nepal’s case, the political leaderships had never adhered wholeheartedly to any constitution. The reason is that they always wanted to stick to the chair and milk money; and to that end, they used various players and shaped the constitution to suit their needs.

To tell you the truth, Nepali federalism has been designed on the basis of working of federalism in US, Canada, Australia, India, and others. Yet, it deviates from those federalism in many respects as it establishes its own distinctive features suiting its national interest. The center’s strong influence could favor centralizing tendencies but cannot subvert federal fabrics. Nepal’s constitution provides ample opportunities for the provincial and local governments to recognize and address the local concerns. As Prof Warhurst argues that federalism favors local and regional concerns, the legislation could be enacted by the provincial and local governments to address the regional and local needs and aspirations.

From ensuring federalism to rule of law, to good governance and inclusivity, the latest constitution has everything progressive for the people. The only thing we need is to implement the constitution in a true and material sense. After all, our federal democracy deserves to be nationally integrated, politically and economically coordinated and intellectually uplifted. And, for that to happen, this current constitution needs to be upheld.

jhajivesh@gmail.com


https://theannapurnaexpress.com/story/46783/



Assessing clemency laws


Jivesh Jha

Nov. 9, 2023 The Annapurna Express 



There is no evidence to support that rigorous jail sentences reduce the number of hardcore criminals or violent acts perpetrated in a society. Correspondingly, there is no research which suggests that the convicts given a premature release through pardon have reformed themselves and rehabilitated in society.

When you read news stories that reveal that pardoned persons got arrested in connection with a crime, then you start believing that convicts cannot change. If convicts cannot change, then we are fooling ourselves by setting them free to walk under open sky.  


Recently, Lok Bahadur BK, one of the 670 convicts, who walked free on the basis of a presidential pardon granted on the Constitution Day (Sept 19) on the government’s recommendations for “exhibiting good conduct”, was again arrested for allegedly murdering Bhawana BK of Rukum district. Murder convict Yograj Dhakal Regal, doing a 20-year term, also got freed for a brief period, only to be arrested after a Supreme Court order.  

Pardoning hardcore criminals is nothing new in Nepal. Former lawmaker and Maoist leader Balkrishna Dhungel, awarded life term in 2004 for masterminding the murder of Ujjan Kumar Shrestha of Okhaldhunga during the Maoist insurgency in 1998 along with the confiscation of his property, had received a pardon in 2018 along with around 800 convicts. But the Supreme Court had issued an order against the government vis-a-vis the pardon granted to Dhungel.

Legal recognition

Article 276 of the Constitution of Nepal 2015 provides that the President of Nepal “may grant pardons to persons convicted, and suspend, commute, or reduce any sentence imposed by any court, judicial or quasi-judicial bodies or administrative officer or authority.” But this provision is not absolute in nature, as the prevailing criminal law of the land has put certain restrictions on the exercise of this power. 

Section 159(4) of the National Criminal Procedure Code, 2017 prohibits pardoning of people convicted of corruption charges; rape; genocide; human trafficking; money laundering; abduction or enforced-disappearance; (possession of) explosives; murder in a cruel and inhumane way; and narcotic drugs trafficking or transaction punishable by a sentence of imprisonment for a term exceeding three years.


The pardoning could help the convict walk free before the completion of the sentence so inflicted, but it does not necessarily mean they are innocent. In other words, pardoning could ensure a premature release but cannot eliminate the stigma or guilt.

Global precedent

The constitutional power to pardon is not a unique concept in Nepal. It was derived from the Royal Prerogative of Mercy. This power is delegated to the Lord Chancellor in England whereas in the United States (US), it’s secured under the constitutional scheme.

Article II, Section 2 of the US Constitution envisages that the President “shall have the Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”


The Constitution of India also recognizes presidential power of pardoning under Article 72, which confers on the head of the state the power to grant pardons, reprieve, respite, and commute or reduce the sentence of any person convicted of any offense.

Unlike in the US, the president of India or Nepal does not act in person but on the aid and advice of the Council of Ministers headed by the Prime Minister.

Is it an absolute power?  

The Supreme Court of Nepal on November 2 in the case of Bharati Sherpa v the Office of the President, Kathmandu and Others observed that the remission, respite, reprieve, remission or commutation of the sentence should be based on public interest, prevailing laws and the rulings of the Supreme Court.

The presidential clemency for the sake of political adjustment or political bargaining shall amount to violation of the constitution and established legal norms, the Supreme Court of Nepal held in the case of Resham Lal Chaudhary and Others v Government of Nepal (2023). 

The author holds a degree in Constitutional Law

This is part 1 of a two-part series

https://theannapurnaexpress.com/story/46578/




Saturday, November 11, 2023

BOOK REVIEW: “Barefoot Research in Madhesh Province:” A guide to understanding the ground realities of Madhesh

 BOOK REVIEW: "मधेश प्रदेशमा पैदल अनुसन्धान"

“Barefoot Research in Madhesh Province:” A guide to understanding the ground realities of Madhesh

The book provides a critical investigation into the key issues, principles and themes on ground realities of Madhesh, Nepal’s journey with federal democracy and the failure of governance and rule of law.


Jivesh Jha -

 (8 November, 2023  Nepal Live Today)

Eight years after the promulgation of the constitution, it is understandable that the people find the impression of governance deficit at the federal, provincial and local levels. What might surprise some is the fact that even independent watchers of the country concede that the situation on the ground is actually different than that of general perception.

In the stream of research, there is a concept of barefoot research, which aims to debunk local realities or the truth and realities on the ground. In this context, Dr Sohan Prasad Sah and Devraj Humagain’s edited work “Madhesh Pradeshma Paidal Anusandhan” [Barefoot Research in Madhesh Province] published by Martin Chautari, Kathmandu this year, provides a concise introduction to barefoot research, dimensions of social and cultural discrimination, discourses on the governance of central and provincial governments, issues of landlessness, struggles of statelessness, trials and tribulations of women leaderships at local bodies, pain and sufferings of rape victims and comment on Chure Bhavar politics.

The book brings together a collection of twelve chapters which provide a critical investigation into the key issues, principles and themes on ground realities of Madhesh, Nepal’s journey with federal democracy and the failure of governments to upkeep governance and rule of law.

The book begins with an introductory where Dr Sohan Prasad Sah discusses the barefoot research and its scope in Madhesh province. He opines that barefoot research promotes the ground realities. This mechanism of research enables people to enrich their capacity building and ensures that the local issues are fairly disseminated at provincial and national level, believes Dr Sah.  

Dimensions of discrimination

In the first chapter, Dr Gopal Thakur, who is nationally known for academic research and writings, shades light on linguistic, cultural and politico-economic differences and discriminations between Soit, the so-called Terai upper castes, and Solkan, the so-called Terai-Madhesh lower caste community members. He argues that the opportunities provided by the state should be justly distributed between Soit and Solkan.

BP Sah, an eminent media person, discusses the production of discriminatory media contents, which are more in the nature of hate speech targeting Madheshi and marginalized communities in Nepal. His research discusses how the discriminatory contents are being uploaded and disseminated through online platforms like Youtube, Facebook, TikTok and Twitter.

Sah believes that the persons involved in dissemination of hate speech through new media, often, get spared by the state. He argues, the new media platforms are being misused in such a way that they are appearing like a “new virtual village” enticing hatred and hate speech. His chapter is a good read to understand the dimensions of sociological and cultural discrimination being spread through online media platforms.

Governance matters   

There appear three chapters on governance discourse. The authors—Manju Yadav, Surendra Kumar Kamati and Kusumlata Tiwari—delve deep to discuss discourses relating to provincial governmental apparatuses and their policies and programs and their governance for strengthening democratic credentials.

Manju Yadav, a former lawmaker of Madhesh Province, examines the effectiveness of the seven thematic committees formed at the provincial assembly of Madhesh Province. She argues that the Madheshi parties, who claim to be champions of inclusivity and federalism, have grossly failed to ensure the fair representation of women at different thematic committees of provincial assembly. She reveals that the committees are yet to come up with their annual reports.

Surendra Kamati, a journalist-based in Siraha district, discusses the Constituency Infrastructure Development Programme, commonly known as the Constituency Development Fund. He argues that there is a dire need of holding a debate as to the relevance of this fund at provincial level. As the Fund has been extensively misused by lawmakers, it should be discontinued.

Kusumlata Tiwari, a Research Scholar of MPhil (Anthropology) at Tribhuvan University, writes on the “Save Daughter; Educate Daughter” plan of Madhesh. She believes the plan floated by the Madhesh Province government has certainly played a crucial role in increasing the access of girls and adolescents to education in southern plains.

She writes, “The initiative to distribute bicycles to schoolgirls under the campaign of “Save Daughters, Educate Daughter” has encouraged girls to continue their education.” We could easily find the level of confidence and energy among schoolgirls riding bicycles to reach their schools, she mentions. She is of the opinion that these types of initiatives should be promoted as they would play a significant role in limiting school dropout ratio.

Concerns of Dalits

John Locke said that life, liberty and property are inalienable rights. If right to property is inalienable, then how could Dalits be deprived of the right to own land. After all, land is not just about livelihood but also dignity.

In this respect, Om Prakash Ram, a human rights activist, investigates reasons that led to landless life of Dalit community members. He argues that the politico-legal transformations are yet to resolve the issues of landlessness of Dalits. “A large section of Dalit community members in Terai have received the status of Sukumbasi (squatters) but they are yet to receive land.” He writes: “The governmental initiatives aimed at removal of landlessness among Dalits are yet to yield a desired result.” 

Ranjit Kanaujiya, a researcher who has had the privilege to work with UN agencies, also contributes a chapter on the issue of landlessness among Dalits. He argues that the dispute on property ownership is not a new recipe in Madhesh. In Gaushala Municipality of Mahottary district, a section of Dalit community members have been facing land disputes since the last five decades,” argues he. He then goes on to claim that the state apparatuses have been apathetic towards the landless Dalits. “The government agencies are reluctant to bring robust schemes for removal of Dalit landlessness.”

Grassroots politics

The democratic countries have struggled to ensure proportional representation of women in the political landscape. Salma Khatun, a social activist in her chapter, argues that the optimism, however, proved to be misused. Equality of women in politics is not on any parties’ agenda because of their patriotic mindset, she argues adding “of late, the ordinary people’s (esp. women’s) access to local bodies has become easier with the entry (and success) of women in active politics of local bodies.”

However, she believes that the political parties are complicit in the systematic exclusion of women. Khatun argues that women leaders have skills to strike a balance between social and developmental issues. “We give priority to social issues too.”

Deb Narayan Mandal, founder of Mithila Wildlife Trust, discusses the initiatives taken to protect and preserve the forest cover of Dhanushadham.

Jitendra Kumar Kushwaha, a researcher at Barefoot Lawyers, writes on the pain and struggle of being stateless. He argues that a large chunk of people are deprived of citizenship because of the derogatory procedures associated with the constitution, laws and administrative agencies. Even though the constitution guarantees equality before law, equal protection of laws and right to live with dignity to every person, the constitutional guarantees are not available to a section of citizens who don’t have citizenship certificates,” writes Kushwaha.

Social and political violence

Gunjan Ray, a human rights activist, discusses the challenges faced by rape victims and the complexities brought about by the legal procedures. She believes that the rape victims, often, become hostile not because of their wish but because of state’s failure in ensuring them a safe atmosphere to live.

Moreover, “even the judicial procedures and court are not victim-friendly. The recording of statements of rape victim should be done in closed session (so as to protect the privacy of victims) but its strict adherence is yet to be seen in trial courts.”

“As male advocates are, often, engaged in recording the statements of rape victims, they hesitate to express freely,” writes Ray.

Sabin Khanal, a lecturer of English literature, assesses the rise and fall of Chure Bhavar politics. He argues that the leaders’ involvement in criminal activities badly affected the Chure Bhavar politics.    

If there is one reason to read Dr Sohan Prasad Sah and Devraj Humagain’s edited work it is their endeavor to give conceptual clarity on the barefoot research, and its application to understand the ground realities of Madhesh. The book does not only discuss the dimensions of inclusion but also devotes a good deal of sections for programs and policies of the state. Their edited book should be a mandatory reading for the sociologists, anthropologists, lawyers, teachers and students of various streams, including that of social sciences and law. 

https://www.nepallivetoday.com/2023/11/08/barefoot-research-in-madhesh-province-a-guide-to-understanding-the-ground-realities-of-madhesh/?fbclid=IwAR38n5zBQnWdiFa0nQWkSkWlA5BnEMkhbekM7brAQOLL_L7RumrTdXW0Buw

jhajivesh@gmail.com



Assessing clemency laws

Jivesh Jha

(The Annapurna Express, Nov. 9, 2023) 

There is no evidence to support that rigorous jail sentences reduce the number of hardcore criminals or violent acts perpetrated in a society. Correspondingly, there is no research which suggests that the convicts given a premature release through pardon have reformed themselves and rehabilitated in society.

When you read news stories that reveal that pardoned persons got arrested in connection with a crime, then you start believing that convicts cannot change. If convicts cannot change, then we are fooling ourselves by setting them free to walk under open sky.  

Recently, Lok Bahadur BK, one of the 670 convicts, who walked free on the basis of a presidential pardon granted on the Constitution Day (Sept 19) on the government’s recommendations for “exhibiting good conduct”, was again arrested for allegedly murdering Bhawana BK of Rukum district. Murder convict Yograj Dhakal Regal, doing a 20-year term, also got freed for a brief period, only to be arrested after a Supreme Court order.  

Pardoning hardcore criminals is nothing new in Nepal. Former lawmaker and Maoist leader Balkrishna Dhungel, awarded life term in 2004 for masterminding the murder of Ujjan Kumar Shrestha of Okhaldhunga during the Maoist insurgency in 1998 along with the confiscation of his property, had received a pardon in 2018 along with around 800 convicts. But the Supreme Court had issued an order against the government vis-a-vis the pardon granted to Dhungel.

Legal recognition

Article 276 of the Constitution of Nepal 2015 provides that the President of Nepal “may grant pardons to persons convicted, and suspend, commute, or reduce any sentence imposed by any court, judicial or quasi-judicial bodies or administrative officer or authority.” But this provision is not absolute in nature, as the prevailing criminal law of the land has put certain restrictions on the exercise of this power. 

Section 159(4) of the National Criminal Procedure Code, 2017 prohibits pardoning of people convicted of corruption charges; rape; genocide; human trafficking; money laundering; abduction or enforced-disappearance; (possession of) explosives; murder in a cruel and inhumane way; and narcotic drugs trafficking or transaction punishable by a sentence of imprisonment for a term exceeding three years.

The pardoning could help the convict walk free before the completion of the sentence so inflicted, but it does not necessarily mean they are innocent. In other words, pardoning could ensure a premature release but cannot eliminate the stigma or guilt.

Global precedent

The constitutional power to pardon is not a unique concept in Nepal. It was derived from the Royal Prerogative of Mercy. This power is delegated to the Lord Chancellor in England whereas in the United States (US), it’s secured under the constitutional scheme.

Article II, Section 2 of the US Constitution envisages that the President “shall have the Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

The Constitution of India also recognizes presidential power of pardoning under Article 72, which confers on the head of the state the power to grant pardons, reprieve, respite, and commute or reduce the sentence of any person convicted of any offense.

Unlike in the US, the president of India or Nepal does not act in person but on the aid and advice of the Council of Ministers headed by the Prime Minister.

Is it an absolute power?  

The Supreme Court of Nepal on November 2 in the case of Bharati Sherpa v the Office of the President, Kathmandu and Others observed that the remission, respite, reprieve, remission or commutation of the sentence should be based on public interest, prevailing laws and the rulings of the Supreme Court.

The presidential clemency for the sake of political adjustment or political bargaining shall amount to violation of the constitution and established legal norms, the Supreme Court of Nepal held in the case of Resham Lal Chaudhary and Others v Government of Nepal (2023). 


The author holds a degree in Constitutional Law


This is part 1 of a two-part series

https://theannapurnaexpress.com/story/46578/?fbclid=IwAR2Haum2Hdd0jICyAFHalcF07GkeyvMGCcX-FXs6IalxSkJqzkgrRYahtRU




Sunday, October 22, 2023

BOOK REVIEW If you want to know about cybercrimes read ‘The Art of Cyber Law & Cyber Crimes’

Jivesh Jha 

(Nepal Live Today, a prominent English online news portal, 20 October 2023) 

The book by Dr Newal Chaudhary provides a critical investigation into the key issues, principles and themes on cybercrimes, Nepal’s journey with cyber democracy and international practices.


Of late, we live in a digital democracy where people quarrel with bytes instead of batons. In the information age, data works as a catalyst to cause cybercrimes. The cybercrimes could be in the nature of hacking, online fraud transactions, identity theft, cyber bullying, cyber harassment, child pornography, data theft, cyber stalking, and among others. As opposed to the traditional nature of crimes wherein the material objects were used to commit the crimes, the cybercrimes are committed with the help of data and the internet.

In this context, Dr Newal Chaudhary’s The Art of Cyber Law & Cyber Crimes published by Mission Legal Services Pvt Ltd, Kathmandu (in July, 2023), provides a concise introduction to cybercrimes, evolution of cyber law, emerging issues in cyber law, classification of cybercrimes, the use of Artificial Intelligence (AI) in cybercrimes, Intellectual Property Rights (IPR) of digital goods and cyberspace, E-commerce and legal issues, laws relating to cybercrimes in Nepal, and internet governance and international laws relating to cybercrimes.

The book brings together a collection of seven chapters which provide a critical investigation into the key issues, principles and themes on cybercrimes, Nepal’s journey with cyber democracy and international practices.

A short foreword by Prof Dr DN Parajuli, an eminent jurist and Campus Chief of Nepal Law Campus, Kathmandu, sets the tone for the discussion on the civil and international laws and practices relating to cybercrimes: “This book bridges theory and practice in cyber law. “The Art of Cyber Law & Cyber Crimes” is not just theoretical; it is a practical guide tackling pressing cyber law issues from data privacy to intellectual property rights, cyber bullying to hacking. Dr Chaudhary covers these topics clearly and thoroughly,” he writes.  

In the first chapter, Dr Chaudhary, who is a Law faculty member at Tribhuvan University, sheds light on the basic concepts, evolution, nature, emerging trends, sources and need of cyber law. Understanding the principles of criminal law is essential to prosecute the offenders and to address the legal implications of the cyber activities, like hacking, identity theft, phishing, cyberbullying and online frauds,” argues Dr Chaudhary. After all, cyber law is multidisciplinary in nature.  

The journey of cyber law began in Nepal with the enactment of the Electronic Transaction Act, 2063 BS (2006 AD). Cyber law is rapidly evolving and multi-disciplinary in nature that employs both civil and criminal laws. “Its nature is global, requiring international co-operation to address cybercrimes and enforce regulation” argues he, adding, that the cybercrimes have potential to transcend the national boundaries, as “the internet and digital technologies have facilitated worldwide connectivity and communication.”

In this respect, cybercrimes can occur from anywhere around the world, making it challenging to determine the jurisdiction in which the crime was initially originated. In fact, cyberspace’s ostensible multi-dimension suggests that the cyber law cannot be studied in isolation; rather it requires the overall understanding of various fields, like technology, law, economics, and psychology to comprehend the actual implications in the crime.  

In his book, Dr Chaudhary devotes a good deal of sections to explain the sources and scope of cyber law. For instance, “The scope of cyber law includes areas such as regulating electronic transactions, protecting personal data and privacy, safeguarding intellectual property rights, preventing cyber crimes, and addressing issues relating to online freedom of speech and expression and its content regulation.” he writes on page 17.

The online platforms provide opportunity to the people from all walks of life to participate in public discourse. But, it’s unfortunate to see that people often use digital platforms as a sword to cause defamation, incite hatred or promote hate speech. He opines that defamation, false accusations and hate speech could not be pardoned in the name of freedom of speech and expression. Every right has restrictions.

In Chapter 2, Dr Chaudhary sheds light on different dimensions and historical development of cyber law in its entire length and breadth. He employs tables to explain the fundamental differences between computer crimes and cyber crimes. For instance, crimes like, hacking, data breaches and denial-of-service attacks which are exclusively committed by the use of computers could be categorized under computer crimes whereas phishing, malware attacks, online fraud could be placed in the nature of cybercrimes. The former is prosecuted under traditional criminal law, while the later is prosecuted under traditional criminal law plus cyber law. In this chapter, the concepts of AI, Nepal’s legal framework, constitutional landscape and international practices have also been explained by the author.   

Chapter 3 deals with the concept of IPR of digital goods and cyber space. Prof Chaudhary argues that cybercrimes do not solely limit themselves to fraud, cyber bullying, identity theft, but also to infringement of copyright and trademark of various business and other organizations. “Intellectual property rights face several challenges and limitations in the realms of cyberspace,” he maintains on page 118.

Digital privacy, difficulty in enforcement, privacy concerns, domain name disputes, different regulation and licensing requirements in different countries, and determining the boundaries of fair use are some of the key challenges before the IPR in the digital age.

In Chapter 4, he critically studies the frontiers of E-commerce in the light of prevailing legal frameworks. He assesses the domestic and international laws recognizing electronic commerce. For instance, the concept of digital signature has been duly recognized under Section 2 of the Electronic Transaction Act (2063 BS). The advent of digital payment and digital cash could be taken as a boon for electronic commerce.

Nevertheless, “Preventing fraud and deceptive practices is a significant concern in e-commerce,” argues Dr Chaudhary on page 133. 

Dr Chaudhary is right in holding that the world community deserves to introduce strong cyber security measures to protect the data of citizens and government organizations.

In Chapter 5, the author discusses the prevailing laws and policies relating to cybercrime. He has discussed the relevant provisions of international conventions, judicial decisions of the Supreme Court of Nepal, and the global precedents. Our laws, like National Criminal Code, 2074 BS (2017), Electronic Transaction Act, 2063, Copyright Act, 2059 BS (2002), and Consumer Protection Act, 2075 (2018) host plethora of provisions that supplement and supplant the cyber law regime.

Dr Chaudhary then goes on to discuss the concept of internet governance. The internet governance refers to the processes, policies and mechanism by which the development, operation and the use of the internet are managed and coordinated” writes he on page 181. He argues that it’s high time for the world communities to invest in cyber diplomacy. The government of the United States is to be credited for pioneering cyber diplomacy by introducing the US International Strategy for Cyberspace.  This document happens to be the first government document concentrating on the international elements of cyber threats.    

In the final chapter—chapter seven—Dr Chaudhary discusses the international conventions relating to cybercrime. The Budapest Convention on Cybercrime, which entered into force on July 1, 2004, happens to be the world’s first international treaty designed to focus on addressing the challenges posed by cybercrime. This chapter deals with various dimensions of international laws and suggests ways for bringing reformation in existing legislation.

If there is one reason to read Dr Chaudhary’s timely exposition is his endeavors to give conceptual clarities on cybercrime and their recognition under cyber law. He does not only discuss Nepal’s perspective on cyber law but also devotes a good deal of section for international precedents. His book should be a mandatory reading for the lawyers, judges, judicial officers, teachers and students of various streams, including that of social sciences and law. 






jhajivesh@gmail.com

https://www.nepallivetoday.com/2023/10/20/if-you-want-to-know-about-cybercrimes-read-the-art-of-cyber-law-cyber-crimes/





Need of new norms in sacrificing animals

 









Celebrating the victory of virtue over evil, Dashain celebration has begun for millions of Hindus worldwide. Known by many as Durga Pooja, this ten-day celebration honours Dharma's victory over Adharma (evil). 

This event honours Goddess Durga's conquest of the demon Mahisassura in order to save the Dharma. Moreover, the Vijyadashami represents the triumph of Lord Rama over Ravana. The annual festival is eagerly and fervently observed. On the seventh and eighth days of Dashain, known as Saptami and Ashtami, devotees hailing from Nepal's Terai-Madhesh region, usually, sacrifice goat in the honour of goddess Durga.   

Dashain is not about spilling blood to appease the gods. To get the goddess Durga's blessings for a long, healthy, and fulfilling life, one must please her. Mata Durga is the source of power, energy and courage. She is the source of Shakti providing strength to humans to earn, learn and live a prosperous life. She is also called divine force and the Annapurna Mata providing food and water to humans. This way, she is also the god eliminating famine. 

Festival of faith, sacrifice 

The Rajdevi temple in Janakpur is well-known for its goat sacrifices on the eighth day of Dashain. This temple has been the site of a goat-slaughter since time immemorial. The custom of sacrificing goat has been a common practice among Hindus.   

To please the all-powerful god and goddesses, particularly the power goddess Durga and god Brahma, the universe's creator, Hindus in Nepal traditionally sacrifice goats for seeking blessings of the god for bringing wealth, peace, and property at their doorstep.  

Every year on Astami, or the eighth day of Dashai, between 15,000 and 16,000 goats are generally slaughtered at the Rajdevi temple. Usually, the killing starts around 7:30 PM and ends before dawn (6 AM). 

There is both criticism and condemnation of the animal sacrifice. Animal rights’ advocates contend that the ritual of animal sacrifice is not necessary for the worship of a deity. The followers and Pundits, on the other hand, are opposed to ending this centuries-old practise of animal sacrifice. They believe, sacrifice is essential to appease their deity, Kali. 

The Hindu texts have traditionally regarded animal sacrifice as a sacred concept. It is referenced in the 10th Verse of 12th Chapter of the holy book ‘Durga Saptashati’. Several religious writings, like ‘Devi Bhagabat,’ support offering animals as sacrifices to the all-powerful deity. 

In Janakpur, there is a common presumption that if animal sacrifices were to end, there would be a national outcry.  

Bad practices 

The notion of sacrifice has also given rise to certain unethical behaviours. Some view goat sacrifice as a hilarious activity. They sacrifice goats for picnics or for fun. 

Many buy costly, large, and healthy goats to present to the goddess. Hindu scriptures support offering sacrifices in order to appease god. No religious source specifies the weight of the goat, and pundits also don't offer any advice along those lines. The custom of adopting a larger goat is basically a show off. 

Do sacrifice but ensure lesser pain    

Nepal is a member state of the World Organisation on Animal Health. Animals have five fundamental freedoms that the member states have a duty to protect: freedom from physical distress; freedom from fear and anxiety; freedom from hunger and thirst; freedom from malnutrition; and freedom to behave normally.

Being a party to these kinds of international agreements would give the state the authority to step in, implement legislation, and mediate conflicts between religious beliefs and the law. 

People of other faith too have custom of animal sacrificing. A secular legislation requiring the least pain and harm to be inflicted upon animals during their death process should be enacted by the state. Inexperienced and untrained people are seen murdering the goats, inflicting severe suffering upon them. 

Other goats see their fellow animals being slain or in the midst of being killed, and the defenceless animals, which are voiceless and powerless, are killed. 

Way forward 

It's a delicate matter that should be handled promptly by people's representatives in the relevant forums. There should not actually be a complete prohibition. 

If animal sacrifice is considered to be a part of someone's religious beliefs, then there ought to be rules on how to do it. There should be enforcement of laws that direct the authorities to carry out sacrifices of animals in a way that cause lesser pain to animals. 

Our Constitution's Article 26 guarantees religious freedoms. It cannot, however, offer an unrestrained right to sacrifice animals in a fanciful manner. The religious freedom to sacrifice animals may be subject to limitations, just like any other right. These constraints may include a method of animal sacrifice that results in minimal suffering to the animals.   

Let's consider taking actions that may lessen the suffering of the goats sacrificed at holy places, like Janakpur’s Rajdevi Temple. Slaughtering of a goat in front of fellow goats is simply cruel. Killing of animals by an untrained person is a crueller act. It’s high time for us to strike a balance between religious practices, morality and laws.   

(Jha is currently a Judicial Officer, at Supreme Court. jhajivesh@gmail.com)

https://risingnepaldaily.com/news/34107

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Jivesh Jha's Journal articles available at Researchgate

 https://www.researchgate.net/profile/Jivesh-Jha