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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…
Read More: Case Comment: Om Prakash Aryal and others v National Human Rights Commission (NKP 843 (2070)) »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…
Read More: Private Security Service Business Regulation Bill, 2071 »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…
Read More: Syllabus: Democracy, Electoral Systems and Electoral Rights (Working Title) »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…
Read More: Offences regarding Discrimination and Inhumane Behaviour in the Draft Penal Code, 2071 »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…
Read More: Offense against Religion in the Draft Penal Code, 2071 »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…
Read More: Comments on the Torture Bill, 2071 »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 a writ petition seeking the Supreme Court's…
Read More: Madhav Kumar Basnet v Chairperson, Government of Nepal »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…
Read More: Case Comment: Govind Prasad Sharma v Attorney General »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…
Read More: Case Comment: Advocate Rajib Bastola v Government of Nepal »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…
Read More: Provisions regarding Lease Contract in the Draft Civil Code Bill 2063 »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…
Read More: Offence against Public Justice and offence against public Interest, Health and Safety in the Draft Penal Code »Dr Bipin Adhikari 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…
Read More: Provisions regarding Partition in the Draft Civil Code Bill, 2063 »