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This site is dedicated to late statesman B.P. Koirala
(1914–1982)

Notes

Unpublished Notes

This section of the website covers available notes of Bipin Adhikari on substantive areas where vigorous debate still continues (e.g. executive power, role of constitutional interpreter, federal structure, and electoral systems) and technical legal areas such as effective and sophisticated legal drafting. It also comprises of notes on constitution transition and implementation – legal services and analysis to support a more stable transition and implementation of the new legal framework, including issues regarding oversight of the devolution process, mechanisms of interaction between levels of government, legal and technical support to central and (future) provincial governments, technical assistance for drafting implementing legislation, and other related areas. Attempts have also been made here to provide Adhikari's notes and comments on legal reform and human rights issues in both Nepali and English.


Displaying all 99 Notes

Remarks on Nepal India Relations by Dr Bipin Adhikari, constitutional expert

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2016-08-02
This initiative was established because as two independent states, we realize that the relation between Nepal and India can and should be improved. Currently, the relation between Nepal and India is not based on equal grounds; indeed, India has tried to view Nepal as a country it has the...

Comments on the Victim Protection Bill

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2015-08-23
A victim is a person directly or indirectly affected as a result of commission of a crime. He/she may be affected either financially, socially, physically or mentally. The modern definition of victim includes person such as prisoner, immigrant and subjects of medical experimentations al...

Non-Government Organization (Management) Bill, 2070

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2015-08-12
In the last two decades, Non- Governmental Organizations have gained strength and prominence in Nepal. The sheer number of Non- Governmental Organizations (NGOs) has rapidly increased due to the emergence of a more favorable environment following the dawn of multi-party democracy in 1990. However, t...

Youth Council Bill, 2071

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2015-08-12
The government of Nepal has registered a Bill on National Youth Council at the Parliament Secretariat to empower the country’s youth, who make up 40.43 per cent of the country’s total population. Although the government brought National Youth Policy in 2010, it took it nearly four years to set u...

"The Preliminary Draft of the Constitution of Nepal, 2015 may further be streamlined" - Professor Matthias Hartwig (Kathmandu: August 07, 2015)

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2015-08-07
Kathmandu University School of Law (KUSL) in association with German Foundation for International Legal Cooperation (IRZ) organized a week long (3rd August-7th August, 2015) interaction program on the Draft Constitution, 2015 in various parts of Kathmandu. The program hosted Professor Ma...

Introducing Professor Doron Teichman of the Hebrew University Faculty of Law (July 30, 2015)

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2015-07-30
It gives me pleasure to introduce you [the first year law students] with Professor Doron Teichman of the Hebrew University Faculty of Law who has kindly agreed to be here to give a presentation to you on The Oxford Handbook on Behavioural Economics and Law (Oxford, 2014) - a new book that he jointly...

Provisions on Offences relating to Privacy in the Draft Penal Code, 2071

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2015-04-20
The emergence of provisions relating to Privacy in the Draft Penal Code, 2067 in sections 291 to 302 is a welcome initiation, especially in light of the lack of any specific laws governing Personal Privacy thus far. In the absence of express statutory provisions governing Personal Priv...

Provision on Offence relating to Medical Treatment in the Draft Penal Code

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2015-04-01
It is clear that the whole chapter on Medical Treatment can be classified into following four categories: i. laws regarding treatment ii. laws regarding to medicine iii. laws regarding test/examination reports and iv. laws regarding compensation. The punishment for recklessness and negligence sho...

Judicial Council (Amendment) Bill,

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2015-03-25
There is a need to strengthening the position of Judicial Council as an independent body entrusted with nomination of judges to the various courts. It is my opinion that Judicial Council must be transparent in its functioning so as to instill faith in judges and independence of judicia...

Case Comment: Om Prakash Aryal and others v National Human Rights Commission (NKP 843 (2070))

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2015-03-01
Human Rights Commission Act 1997 was replaced by National Human Rights Act 2012 from 20th January 2012 onwards. It was expected that the new Act would have provided competence, autonomy and independence to the Commission for fulfilling the duties of ensuring respect, protection, promotion and effect...

Private Security Service Business Regulation Bill, 2071

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2015-02-27
Every living being strive for personal well being. People try their very best to be safe and protect themselves. Self preservation is one of the basic human instincts and due to which many laws regarding personal safety have been codified by way of various laws. Security organizations e...

Syllabus: Democracy, Electoral Systems and Electoral Rights (Working Title)

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2015-02-22
An Academic Course provided by the Election Commission Nepal, the Kathmandu University School of Law and the Norwegian Centre for Human Rights at the University of Oslo in collaboration Teaching staff: Bishal Khanal, Ila Sharma, Nils A Butenschøn and Kåre Vollan Discipline: de...

Offences regarding Discrimination and Inhumane Behaviour in the Draft Penal Code, 2071

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2015-02-09
Lets start with the definition of the term 'discrimination.' Equality is the condition of possessing substantially the same rights, privileges and immunities and being liable to substantially the same duties. A.V. Dicey "equality before law" as one of the important components of the rule of law....

Offense against Religion in the Draft Penal Code, 2071

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2015-01-18
The existing laws relating to offences against the religion are in the Muluki Ain, 2020. Prior to promulgation of the Interim Constitution, Nepal was identified as a Hindu Kingdom. There are certainly important biases in favour of the Hindus. Hinduism dominated all aspects of life including legal sp...

Comments on the Torture Bill, 2071

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2015-01-16
The present Bill is a big step towards preventing any form torture and punishes any act of torture. However, it fails to address acts such as cruel or degrading treatment. Section 20 of the Bill needs reconsideration. A minimum and maximum punishment and fine should be stipulated so as ...

Case Comment: Advocate Rajib Bastola v Government of Nepal

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2015-01-01
In this case, Advocate Rajib Bastola filed a writ petition seeking the Supreme Courts decision to deem Section 8, 11 and 17 (2) of the National Broadcasting Act, 2049 BS unconstitutional as they were in contrast with Section 12(3), 15(1) and 27 of the Interim Constitution of Nepal, 2063. Legal provi...

Case Comment: Govind Prasad Sharma v Attorney General

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2015-01-01
In this case, Advocate Govind Prasad Sharma filed a writ petition seeking Supreme Court's intervention against Prime Minister Baburam Bhattarai and Attorney General Mukti Narayan Pradhan for their ‘unconstitutional intrusion into judicial matters’ in their bid to halt the investigation a...

Madhav Kumar Basnet v Chairperson, Government of Nepal

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2015-01-01
Madhav Kumar Basnet v Chairperson, Government of Nepal, Interim Council of Ministers, Office of Prime Minister and Council of Ministers, Kathmandu (NKP 1101 (2070)) In this case, Advocate Rajib Bastola filed ...

Provisions regarding Lease Contract in the Draft Civil Code Bill 2063

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2014-12-21
The development of lease contract went through various stages. It started from being a nominal part in the property law later become an integral part of contract law and finally has developed into a distinct part of contract law. This development bears some correlation with the economic...

Offence against Public Justice and offence against public Interest, Health and Safety in the Draft Penal Code

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2014-12-15
The Draft Code aims to codify all the offences which were scattered or were unregulated. The main purpose of the Draft Code is to provide uniformity and consolidate laws into one single enactment. The Draft Code does not define Public Justice, however, it provides for 14 instances when ...

Offence against State and Offence against Public Tranquility in the Draft Penal Code

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2014-12-12
The Draft Code is being enacted to replace the Muluki Ain. It does not however disclose why the change or overhauling of the Muluki Ain was needed. The Draft Code regulates the acts which were earlier regulated by Muluki Ain and does not have any radical change in legal provisions.It c...

Provisions regarding Partition in the Draft Civil Code Bill, 2063

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2014-12-09
The Draft Code is a major departure from the Muluki Ain. The language used is very simple and easily understandable by a layman. Section 211(2) of the Draft Code recognizes the right of fetus to inherit property. Further, Section 212 states that any child born out of void or voidable marriage or...

Offences relating to marriage and abortion in Draft Civil Code 2068

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2014-12-07
Everyone is aware that women have been denied justice and have had to bear added injustice due to certain trends and behaviors that are in common practice aimed at women solely due to the fact that they are women. Equality between men and women is much discussed about, but in general equality has no...

Offences regarding Marriage and Abortion in the Draft Penal Code, 2063

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2014-11-28
After internationally committing to end all types of discrimination against women, Nepal must try to maintain gender justice from all angles in its state administration. For this it is important to analyze all policies, laws, and regulatory mechanisms through the gender perspective. In this context ...

Provisions regarding Debtor-Creditor Relationship in the Draft Civil Code Bill, 206

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2014-11-23
The provisions regarding debtor-creditor relationship is scattered all over Muluki Ain. There is no specific chapter in the Muluki Ain which deals with relationship between creditor and debtor. The present Bill keeping that in mind has made an attempt to compile all the provisions relating to debtor...

Adoption by foreign nationals in the Draft Civil Code Bill, 2063

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2014-10-19
Historically, Nepalese community always had a notion of adopting their relative's son/daughter if they were childless although adopting a child out of their community or relatives was an inconceivable notion. This notion can be closely attributed to religious sentiment that parents would get a safe ...

Comments on Adoption provision in the Draft Civil Code Bill, 2063

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2014-10-16
Adoption can be defined as the process whereby people (usually without kids) assume the parenting responsibility of another's children. In doing so, they permanently transfer all the parenting rights and responsibilities from their biological counterparts. Historically, adoption has bee...

Approach on Federalization

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2014-10-13
There is nothing to disagree with Professor He Baogang's presentation on hybrid federalism in Asia. I believe that what has worked is a system that deals with the local context, and does not just imitate what are described as the fine classical federal examples. Baogang has quoted Hal...

Local Governance (Amendment) Bill, 2071

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2014-08-19
Local governance is a set of institutions, mechanisms and processes through which citizens can express their interests and needs, mediate differences, and exercise their rights and obligations at local levels. Local governance includes not only the machinery of state but also other acto...

Witchcraft (Criminalization and Punishment) Bill

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2014-08-12
Witchcraft is defined on the basis of the act of witches by Evans-Pritchard (1937) as “A witch performs no rite, utters no spell, and possesses no medicines. An act of witchcraft is a psychic act”. He also described that witches do not know their being a witch until and unless they are accused o...

जि. काठमाडौं, सितापाइला गाविस वडा नं. ४ बस्ने मिलनटोल सुधार समितिको अध्यक्ष भीमसेन पोखरेल समेत विरूद्ध व्यवस्थापिका संसद सचिवालय, सिंहदरबार, काठमाडौं

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2014-08-04
Read the Full Case - [pdf] जि. काठमाडौं, सितापाइला गाविस वडा नं. ४ बस्ने मिलनटो...

निवेदक कन्चनकृष्ण न्यौपाने विरूद्ध नेपाल सरकार प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालय समेत विपक्षी भएको १७ थान रिट निवेदनमा बिषेश इजलासबाट भएको आद

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2014-08-04
Read the full case - [pdf] निवेदक कन्चनकृष्ण न्यौपाने विरूद्ध नेपाल सरकार ...

Ordinance on Investigation of Disappeared Persons, Truth and Reconciliation Commission, 2069

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2014-08-02
After 11 years of armed movement a consensus was reached between the parties to initiate peace process in the year 2006. During the course of peace process determining the status of disappeared persons during the conflict period and establishment of Truth and Reconciliation Commission took primacy. ...

Sexual Harassment Bill 2070

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2014-07-28
As per the General Recommendation No. 19 of the CEDAW Committee: " Sexual harassment includes such unwelcome sexually determined behaviour as physical contact and advance sexually coloured remarks showing pornography and sexual demands whether by words or action." Such conduct can be hu...

Comments on Contempt of Court Bill, 2071

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2014-07-27
The hotly debated Contempt of Court Bill has been recently sent to the parliament for referral. It has generated a lot of opinions with politicians, rights activists and others highly critical of the proposed provisions of the bill. The stakeholders critical of the provisions have argued that the pr...

Civil Service Act 2049, 4th Amendment

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2014-07-18
There is an initiative of a massive upheaval in Nepalese bureaucracy through attempts at administrative reform amidst radical political changes and instability. In light of this, there is a need to be more proactive in ushering reform rather that reactive. Further, the role of the Civil Service is t...

Gender Equality and Elimination of Gender Based Violence Amendment Bill

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2014-07-03
Gender violence relates to acts, public or private life, committed on the basis of gender discrimination or violence which maybe in the form of physical, mental, sexual, economic, social, cultural and political discrimination. Everyone including male, female and third gender is susceptible to gender...

Draft Penal Code, 2067 regarding offences relating to Human Body (Murder)

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2014-06-09
Homicide is one of the gravest offences inflicted upon human body and criminalization of this act is not a new concept, in fact, it has been criminalized even before the introduction of the Muluki Ain. In essence, homicide is an act of one human being killing another human being. In lig...

Offence relating to Arms, Ammunition and Explosives in the Draft Penal Code, 2071

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2014-03-22
The laws regarding arms and ammunition needs to be strictly phrased. I suggest that creation of classes of arms and ammunition and holders of arms and ammunition should compulsorily acquire license based on the nature and kind of weapons. The punishment for illegal possession of arms and...

Constituent Assembly Rules, 2070

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2014-03-20
In general, there were various schools of thought regarding the Rules to be adopted by the Constituent Assembly. First school of thought emphasized on Constituent Assembly to be empowered to draft the Constitution from square one and decide the governing principles on which the provisio...

Jurisdictional Issues in the Draft Penal Code, 2067

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2014-03-11
The importance of jurisdiction of court in justice administration cannot be overemphasized. There are different types of jurisdiction. They may include Jurisdiction in Persona, Territorial Jurisdiction, Jurisdiction in Subjection and General Jurisdiction. Similarly, the type and nature of jurisdicti...

A Study of the Provisions regarding illegal detention in the Draft Penal Code, 2067

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2014-03-07
There are three issues i.e. personal liberty, illegal detention and habeas corpus. The provisions regarding illegal detention i.e. Sections 201 to 206 are progressive. These Sections provides for independent and competent authority to adjudicate the matter. The provisions of the Draft Code states th...

Reformative principles adopted in the Proposed Criminal Offence Sentencing and Executive Bill, 2067

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2014-02-25
One cannot imagine a society without crime. It’s a natural phenomenon. A crimeless society is unimaginable. As per passage of time some incidents are criminalized and some decriminalized. The criminalized crimes are then punished as per the severity and nature of the crime. The research paper stat...

A Study on the Compensation Provisions in the Draft Penal Code, 2067

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2014-02-17
The plight of the victims have been recognized by the Interim Constitution of Nepal, 2063 as per which compensation ranging from 5.00 to 10.00 lakhs were provided to conflict victims in the recent past. There are different supreme Court decisions wherein the rights of the victim were addressed. Simi...

Sexual offences in the Draft Penal Code, 2067

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2014-02-14
A sexual offence is "a statutory offense that provides that it is a crime to knowingly cause another person to engage in an unwanted sexual act by force or threat." Sexual offences have been regarded as serious offences in most jurisdictions around the world with strict penal sanctions imposed on th...

Principle of Criminalization and Draft Penal Code, 2067

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2013-12-27
Societal practices and norms which are accepted by the reasonable people are made laws to control and regulate human behavior rules and regulations. The criminal law is the last resort to control unwanted human conduct which aims to punish the offense committed and to deter people from committing an...

Witness Protection Bill, 2070

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2013-10-31
I appreciate the fact that the Nepal Law Commission has made its draft public even at this stage. I assume that the divergence from normal practice of publishing any draft of Bill only after it has been registered with the Parliament is to invite comments and suggestions from different sectors even ...

Interim Constitution 2007 (Supplementary Arrangements) Ordinance 2012

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2013-08-23
The Ordinance that I drafted and brought to discussion through Nepal Consulting Lawyers Inc is one of the major initiatives from the civil society to deal with constitutional crisis that Nepal has been confronting with at present following the dissolution of the Constituent Assembly in the mid-night...

Provisions concerning Private International Law in the Draft Civil Code, 2067

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2013-08-19
Conflict of laws (or private international law) is a set of procedural rules that determines which legal system and which jurisdiction apply to a given dispute. The rules typically apply when a legal dispute has a "foreign" element such as a contract agreed to by parties located in different countri...

Boumediene v. Bush, 553 U.S. 723 (2008)

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2013-08-04
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cub...

United States v. Windsor, Executor of the Estate of Spyer, et al

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2013-08-04
Read the full document - [pdf] United States v. Windsor, Executor of the Estate of Spyer, et al (Certiorari to the United States Court of Appeals for the Secon...

सर्वोच्च अदालतवाट मिति २०७०/०४/०३ मा भएको पुनरावेदन अदालतका नवनियुक्त माननीय न्यायाधीशहरुको काज सरुवा सम्बन्धी सूचना।

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2013-08-04
Read the full document - [pdf] सर्वोच्च अदालतवाट मिति २०७०/०४/०३ मा भएको पुनरावेदन ...

जिल्ला अदालतका माननीय जिल्ला न्यायाधीशहरुको काज सरुवाको विवरण

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2013-08-04
Read the full document - [pdf] जिल्ला अदालतका माननीय जिल्ला न्यायाधीशहरु...

Provisions concerning Mutual Legal Assistance in the Draft Civil Procedure Code, 2067

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2013-07-26
There has been a major innovation in the Information Technology (IT) here in Nepal and also around the world. But still, if a court in Nepal issues a notice to be served on the behalf of some particular individual who is residing in the foreign land or if a court has issued an order to collect the e...

The Draft of Members of Constituent Assembly Code of Conduct, 2070 (2013)

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2013-07-12
In Schedule 1 of the current 'Draft of Members of Constituent Assembly Code of Conduct, 2070 (2013)', it is said that no standing candidate in an election is allowed to spend more than one million rupees. This according to the Nepalese context is too much and political candidates who are from the sm...

Provisions on Testamentary Will in the Draft Civil Code, 2067

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2013-06-27
Like the people who are making a will may have also got their property from the system of partition based on the hereditary lines. Now is it fair that the same man may not address his property to his immediate dependent progenies or a dependent wife and thus addressing all his property to someone el...

Dalit Perspective in the Draft Penal Code, 2067, Draft Civil Procedure Code, 2067 and the Sentencing Bill, 2067

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2013-06-20
In the second paragraph of the Preamble Section of the draft penal code 2067, after the phrase that says ‘various religious and cultural communities’, the following words should also be added: by creating a social environment where there is no untouchability and caste based discrimination. ...

Provisions on Property Transfer in the Draft Civil Code, 2067

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2013-06-09
Property partition should be given priority, and that the will-paper concerning the transfer of property would hamper the rights of women, minors and incapable children. Also an opposite view regarding this same issue was spoken in the program. In the scenario where we are heading towar...

Training Needs in the Area of Criminal Justice System

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2013-05-25
Read the Full Document - [pdf] This document explores training needs in key institutions that, formally and through their quasi-judicial pow...

Provisions on Quasi-Contract and Unjust Enrichment in the Draft Civil Code, 2067

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2013-04-11
An indirect or Quasi-Contract is where there is a fictional agreement between the two parties. Though such a fictional agreement is certain, independent, unilateral and in accordance with law, there is an obligation that the law creates to impose equity between two parties. This is the gist of sub-s...

Provisions concerning Marriage and Divorce in the Draft Civil Code, 2067

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2013-04-04
There is a provision in section 67 that marriage is a relationship possible only between a man and a woman. Sub-section (d) (1) of section 70 states that a boy could marry only on the completion of twenty-two years of age and for a girl the age bar is twenty. But if there is consent from guardian, e...

Draft Penal Code 2067 and Draft Criminal Procedure Code 2067: Reforms needed from the perspective of 'Madheshi Community’

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2013-03-28
Laws are always made by majority in any democracy. When the majority is also the dominant population in a country, the possibility of the dominant group ignoring the minorities is always there. Sometime the approach could be biased. On occasions, the they might have inadvertently ignored the sensibi...

Victim's Perspective in the Draft Penal Code, 2067

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2013-02-21
The Code has ignored the fact that the rights of victims exist. The Code has been made by way of copy - paste from different countries where victim's rights have never been guaranteed. Victims are those people who help make the foundation for a welfare state. The human rights of victims...

Proposed Provisions on Investigation of Crimes in the Draft Penal Code, 2067

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2013-02-15
In the preamble certain link has to be established with prior Muluki Ain to show Nepal's continuing legal history. Additionally in the preamble the words 'for security', 'control' and 'investigation of crimes' have to be inserted. The word 'offence' should be replaced with 'criminal crimes.' ...

Inchoate offences in the Draft Penal Code, 2067

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2013-01-25
Chapter 3 of draft Penal Code, 2067 has provisions regarding inchoate offences. Section 32 prohibits conspiring to commit crime. Section 33 prohibits attempting to commit crime. Section 34 prohibits inciting to commit crime. Section 35 prohibits a person from being an accomplice of another to the cr...

General Principles of Civil Law in the Draft Civil Code, 2067 and Civil Procedure Law in the Draft Civil Procedure Code, 2067

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2013-01-24
Chapter 2 of draft Civil Code, 2067 has provisions regarding general principles of civil law in its various sections and subsections. Some of the important principles listed are - ignorance of law is no excuse; no one should act against public interest; act done contrary to law will be ...

General Principles of Criminal Law in the Draft Penal Code, 2067

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2013-01-18
Chapter 2 of draft Penal Code, 2067 has in its various sections and subsections provisions regarding the general principles of criminal law. The principles listed in the Code are: - any act done in accordance with law will not amount to committing crime; - punish...

Provisions on Prosecution in the Draft Penal Procedure Code, 2067

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2013-01-17
Chapter 3 of the draft Criminal Procedure Code provide for provisions regarding prosecution. Section 32 has provisions regarding institution of plaint. Section 33 has provisions for institution of cases praying for reduction of punishment for those accused assisting during investigations. Section 34...

Provisions on Execution of Decisions in the draft Criminal Procedure Code, 2067

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2013-01-07
Chapter 15 of Criminal Procedure Code, 2067 has provisions for execution of decisions in its various sections and subsections. The structures of executing bodies are Dues Realization (Tahashil) Department present in every district court and Decisions Implementation Directorate. Chapter 1...

Quasi-Judicial Authorities in Nepal

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2013-01-01
No legal definition of quasi-judicial bodies has been given by any law or statute in Nepal. However, the quasi-judicial authorities have been used prominently ever since the country started building a modern legal system in 1951. Generally, a quasi-judicial body is an executive auth...

Judicial Oversight and Disciplinary Actions in Nepal

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2013-01-01
Two important bodies in the Judiciary – the Judicial Council and Nepal Bar Council – are vested with oversight and disciplinary powers. Judicial Council Nothing like a...

Office of the Attorney General: Core Issues on Public Prosecution Services

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2013-01-01
Read the full document - [pdf] This document highlights some core issues on the government prosecution services. It points out the requiring num...

Provisions on Punishment in the Draft Penal Code, 2067

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2012-12-27
The Code highlights the structure of punishment as life imprisonment, imprisonment, imprisonment and fine, and imprisonment or fine or just fine. The Act has divided crimes in accordance with punishment imposed. The Code prescribes for minimum punishment acknowledging judicial model. T...

Fair Trial in the Draft Criminal Statutes

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2012-12-23
The Criminal Procedure Code, 2067 has incorporated provisions regarding fair trial and fair hearing in accordance with the international conventions signed by Nepal. Right to challenge, lawfulness, right to trial within reasonable time, right during the investigations, rights of accused...

Provisions Regarding Jurisdiction in the Draft Civil Procedure Code, 2067

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2012-12-21
Chapter 3 of the draft Civil Procedure Code, 2067 outlines the provisions regarding jurisdiction. Section 16 states that it is mandatory that there should be jurisdiction vested in the court. Section 17 states that in accordance with law courts will have jurisdiction as first instance court, appella...

Provisions Regarding Jurisdiction in the Draft Civil Procedure Code, 2067

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2012-12-21
The Draft Civil Procedure Code Bill encompasses wide array of subjects. The main objective behind drafting of the Draft Code Bill is to consolidate all existing laws and updating them as per the change of societal values, beliefs and international standards. The distinction between "Nat...

Foreword: Towards Kathmandu University School of Law

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2012-11-12
This feasibility study Towards Kathmandu University School of Law is a pro bono viability evaluation conducted by Nepal Constitution Foundation (NCF) at its own initiation. This study was commissioned by Nepal Constitution Foundation following initial conversation with the then Vice Cha...

Some Notes on Informal System of Justice

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2012-11-01
Most people use the informal system for justice in Nepal. Surveys show high awareness of informal providers: political youth groups (56%), traditional dispute resolution mechanisms (50%), community mediation (43%), local peace committees (30%) and para-legal committees (8%). [Public Perce...

About the Formal Justice Sector Institutions in Nepal

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2012-09-01
The Judiciary in Nepal is led by Supreme Court as the apex court in the country. Chief Justice is currently appointed on the recommendation of a Constitutional Council. Other judges are appointed by Judicial Council. This is another constitutional body. The Judicial Service Commission is...

Information on Some of Legal Aid Reports in Nepal

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2012-09-01
USIP, 2011, ‘Security and Justice in Nepal, Citizen’s Perspectives on the Rule of Law and the Role of the Nepal Police.’ Himalmedia, Report for Public Opinion (2011): This survey analyses the current state of politics, the peace process, perceptions on natio...

The Bill to Control Torture or any other Cruel, Inhuman or Humiliating Treatment, 2069

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2012-08-29
The Bill has been enacted to criminalize torture committed by a public official and to provide compensation to the victims. Section 3 prohibits any public official from either committing or abetting the commission of torture. Section 4 provides the various acts which shall amount to tor...

Notes on Nepals Justice System

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2012-08-01
Most people define justice in terms of the monetary value they receive.[1] More people are defining justice along the lines of ‘social justice,' in part linked to the discussions around transitional justice. [2] N...

Improvements in the Judicial System

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2012-08-01
read the full document - [pdf] ...

Gender Perspective on Draft Criminal Statutes

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2012-06-15
The proposed Criminal Code has been prepared with the intention of consolidating and codifying the existing Criminal law of Nepal into a single comprehensive document. The proposed code has been prepared with reference to various precedents set by the Supreme Court, the International Conventions on ...

Comments on the proposed provisions of mens rea in the Penal Code 2067

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2012-06-01
The proposed Penal Code, 2067 has been drafted to amend, consolidate and codify criminal law. This code has attempted to adopt the theoretical knowledge regarding mental element (mens rea) in crimes. This code includes various terms like with intention, knowingly, with mala fide intention, recklessn...

राजीवप्रसाद गुप्ता रौनियार विरुद्ध विज्ञान तथा प्रविधि मन्त्रालय सिंहदरवार समेत सम्वत् २०६७ सालको पु.वे.नं.... २७ प्रशासकीय अदालत, २०६८ चैत्र २३)

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2012-05-04
Read the full case - [pdf] राजीवप्रसाद गुप्ता रौनियार विरुद्ध विज्ञान तथा ...

Summary of Important Cases and judgments of the UK Supreme Court (August 2011)

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2011-08-01
The United Kingdom Supreme Court Annual Report and Accounts 2009–2010 published last year has enlisted the summary of numerous high profile cases decided since its establishment on 1 October 2009. The report was presented to Parliament pursuant to section 54(1) of the Constitutional Reform Act 200...

Nevada Commission on Ethics v. Carrigan 564 U. S - 2011

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2011-01-01
This is one of the leading US Supreme Court decisions this year. The question in this case was - does the First Amendment subject state restrictions on voting by elected officials to strict scrutiny? The answer was 'no'. Nevada's Ethics in Government Law requires publ...

Federal proposals for Nepal

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2010-07-02
If adopted in the constitution, existing proposals from the CA’s Committee on State Restructuring and the Division of Powers would result in a federal system with the following key features: - A three-tier structure – federal or national government, provincial or state governments, ...

The status of Constitution drafting in Nepal

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2010-03-01
All eleven CA Thematic Committees have finished their reports, moving the constitution-drafting process to its next phase. These eleven reports produced significant draft language and successfully narrowed or resolved a broad range of substantive issues and areas. However, many core constitutional i...

Laws of Nepal

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2009-09-01
Government has submitted bills to the Legislature-Parliament on the Criminal Code, Criminal Procedure Code, and Sentencing. Some of its features are greater use of fines as opposed to custody, provision for ordinary offences to be resolved by mediation; community service orders, etc. ...

क्युबेक प्रान्त मुलराज्य क्यानडासाग छुट्टनिे सम्बन्धी साधक

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2009-04-04
Reference re Secession of Quebec, [1998] 2 S.C.R. 217 IN THE MATTER OF Section 53 of the Supreme Court Act, R.S.C., 1985, c. S-26; AND IN THE MATTER OF a Reference by the Governor in Council concerning certain questions relating to the secession of Quebec from Canada, as set...

Comments on the constitutional status of the Ethiopian House of Federation

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2008-09-08
Dr Bipin Adhikari We have been talking about the Ethiopian House of Federation in the context of the ongoing works of the CA Committee on Determination of Legislative Organ and the Committee on State Restructuring and Division of Powers. Ethiopia adopted a federal ...

Comments on the Proposed Amendment to the Provedor Statute

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2007-10-01
The office of the Provedor is in the course of proposing certain amendments to the Statute 7/2004. In general terms these changes seek to ameliorate and clarify the means the Provedor has to accomplish his/her mandate. They also intend to incorporate the PDHJ Advisory Council, which the Provedor has...

Update on the Truth and Reconciliation Commission of Liberia

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2006-08-22
This note provides information regarding the status of the Truth and Reconciliation Commission (TRC). The ECOWAS-lead TRC "working group" comprising mainly of UNMIL, UNDP and EU are concerned about the seeming failure of the TRC to fulfill some of the objectives planned for the preparatory...

Ten Human Rights Tips for Election Monitors

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2005-09-01
1) United Nations has set out certain international standards for free and fair elections. Make these standards available for state authorities and all others involved in conducting elections and ensure that they are duly respected and observed. 2) International standards on elections...

United Nations Standards for Elections and Human Rights

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2005-09-01
Elections are meant for producing a 'representative government'. In order to ensure that elections are democratically held through a fair means, certain standards and guidelines are outlined by the United Nations and ot...

Note on Elections and Human Rights

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2004-10-01
I. International Standards for free and fair elections 1. The three central rights with respect to elections International standards on elections involve three central rights spelt out in Article 21 of the Declaration of Human Rights, ...

Analysis of the newly promulgated statutes

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1992-12-01
The analysis of the newly promulgated statutes relating to local bodies – i.e. Village Development Committee Act 1992, Municipality Act, 1992, and District Development Committee Act 1992 - shows that these are relatively more democratic than the ones prevalent during the deposed Panchayat rule, an...

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