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Civil code, compliance with law and role of court

nabil bank

—KP Sharma Oli

The present government is making several efforts to amend the law in a way to remove shortcomings and enrich the law on the basis of what it has experienced in the context of law enforcement. It is also formulating new laws and moving forward to amend the old laws as well. We have passed and amended many bills in this session as well. We have brought so many new ones and this process will continue to move forward. This is a continuous process.

Nepal is a backward society for a long time. It is a society based on the social values that this society has developed for many thousand years. In recent times, as the practices of different types of codes and acts were received, they tried to implement them according to their circumstances. Manusmriti is one of the most famous, very popular in various codes. But manusmriti was distorted from what Manu had written and it was distorted. It’s not just perverted. In order to show that Nepali society, eastern society, eastern system and system of governance are unsuitable, various types of new verses were added to manusmriti and it was distorted.

Many things that Manu did not say came up, which are very harmful to the society. In recent times, there have been its effects, the effects of those wrong things, and some things have been implemented under the guise of religion. The practice of Sati was not necessary for all women to go to Sati after the death of their husbands. It was in the cycle of strong families, of fighting and of vengeance. For example, whether we talk about Rajarajeshwari or Bhimsen Thapa, let’s talk about others. Even at that time, whose wife would be sent to Sati, whose wife would not be sent Sati. Not to send all those who are angry, but to send those who are angry. That’s the case. It was removed in 1977. This is a great development. B.S. In the 1980s, slavery was abolished. These great improvements have been made.

We talked about social justice. But b.s. As much as the Country Act of 2020 spoke openly in favor of social justice and equality, the previous acts could not speak. He spoke a little too well. And that is why people celebrated the Day of the Elimination of Untouchability in the context of the promulgation of the Country Act on August 1, 2020 BS. Today, we are under a democratic system after the development of muluki act. A democratic system is a system of social justice and equality. Now we have called the democratic system a perfect democracy.

It is not only political democracy, but we have called it comprehensive democracy in all spheres of social life, economic life and cultural life. Perfect democracy and democracy in the entire sphere is the need of the hour, which does not accept inequality anywhere, discrimination anywhere, discrimination anywhere, oppression anywhere. Accordingly, the five codes that we have implemented since August 1, 2019, are trying to reflect those things.

This government approved polygamy, brought a law in parliament, it would have been passed. In fact, it is not possible to think that polygamy is recognized by today’s society.

It is not perfect again. There have been talks about what amendments should be made and what amendments should be brought to them. At that time, it is often done correctly, after a little while looking at the implementation, they seem to have shortcomings and they have to be improved and modified. Today we are going ahead with the amendment.  Now there is a rumor. There is no rumor that polygamy has been recognized. I had also said in parliament that this government would allow polygamy, if the law was brought in parliament, it would be passed. In fact, it is not possible to think that polygamy is recognized by today’s society. An activist came to me and said in a loud voice, “Look, we do not accept this polygamy at all. I asked, “Who is going to recognize polygamy?” I need to know. The bill should be passed by the Council of Ministers and sent to parliament. Not passed. And where did this information come from?’

“It’s going to happen, it’s going to happen. You don’t believe it at all, you won’t let it happen at all. ” he said in a loud voice. I said again, “Nothing like this has happened anywhere. And according to his nature, he and I had a conversation. Then he came back. Let’s not go after such rumours. Society sometimes goes back on certain things under certain circumstances. Iran’s monarchy was removed. Then came the illiberal rule of religion, so that some laws, social practices appeared regressive, regressive, and so on. On the one hand, the monarchy was removed, the republic came. That’s a good thing, but even after the republic came, it could not contribute to the society’s progress when it returned to the condition of running the society under the religious laws and religious codes of the old times. Turned back. Gradually, generosity is coming in. This seems to have happened in some places. But they are temporary things.

Democracy was not established there but no democratic republic was established. We have called it a democratic republic here. There can be no regression in the Democratic Republic, not just the Democratic Republic, but the Democratic Republic. Therefore, in our laws, in our codes, in our acts, we can guarantee that there will be no regression. The government does not send a draft of any regressive law in parliament. There may be a lack somewhere due to some reason to miss out on seeing. That is why there is a parliament, so it is a matter for the people’s representatives to discuss and pass it. The present government sends as many democratic drafts as possible, for the formulation of laws and the parliament discusses based on it.

An activist came to me and said in a loud voice, “Look, we do not accept this polygamy at all. I asked, “Who is going to recognize polygamy?” I need to know. The bill should be passed by the Council of Ministers and sent to parliament. Not passed. And where did this information come from?’

For law enforcement, all bodies should have a role in accordance with the principle of balanced separation of powers. Some used to think of themselves as separate, different, and that they had some special rights. He thought that he was ‘boxed’ by exercising the rights vested in him and determined by him. At present, no one has such a right, nor is it vested anywhere. There is no right to be determined. In order to protect this right, the rights of the people, we have delegated those rights in different places. The most important place and process of delegation of powers is elections.

Elections elect people’s representatives, people’s representatives make or amend the constitution, make laws, and that law gives everything its place. Parliament is again the main interpreter of all its things. Because it is only to parliament that the people have delegated their rights. Not delegated to others. The parliament will make the constitution and laws and exercise only the rights delegated by them. Therefore, none of us should consider ourselves as separate privileges and separates.

As the Prime Minister, I would like to tell the Court that the Court will have full support from the Executive in the performance of its functions. The government accepts and must accept the principle of separation of powers. The government fully respects the independent role of the court. This means that there is no thought again, it is not that respect is just a panchayat-era cheering act. There are places where we can say that it has suffered, injustice has been done. It was yesterday and will remain so again. During the Rana rule, he was allowed to speak in gai jatra if he could not speak. Now, not only can you speak in gai jatra, but it has also gone to the autocracy. Gai jatrawalas have already done gai jatra.

We need to focus on how to give justice to the people properly. Earlier, there were complaints that the police would register a case when they liked it, and they did not register a case when it was the same. Where do people get justice after getting evidence from where? Therefore, the police should be the right place. The attorney general’s office had to be properly prosecuted. The court is blindfolded in a very fair manner, impartially and with a symbol. In reality, it is not tied, it is looking around. I have seen myself, I have suffered myself. I have been in jail for 14 years without committing any crime. I felt that monarchy was not appropriate, i expressed that view. The monarchy is not appropriate. There is no basis in the theory of birthright superiority, there is no science, there is no fact.

Since 2023, I have learned from the fact that everyone is equal when born and all are equal by birth. There may be things like untouchability, big and small things, things about responsibilities of their positions, but it is nothing to say that someone is special, some are something or the other. All human beings are great

The principle of birthright superiority on the basis of a caste, clan or something is just a ‘hippocracy’, nothing else. I read the United Nations Charter and read the Declaration of Human Rights and understood the words of older scholars at a young age. Since 2023, I have known that everyone is equal when born and all are equal by birth. There may be things like untouchability, big and small things, things about responsibilities of their positions, but it is nothing to say that someone is special, some are something or the other. All human beings are great. Everyone should get respect and live a dignified life. I am a victim myself. I have written in a prison memoir, there is a small article. In it, I wrote, “After the age of 18, a man was imprisoned with everything. He was sentenced to life imprisonment. Everything went away and was sentenced to life imprisonment. And after completing 18 years, after 18 years of the Supreme Court and after 19 years, he got a clean chit from the Supreme Court that he is innocent. There was no feeling in him when the verdict was pronounced. He listened quietly. The next day, the release warrant came. Now you go. And he had put on a robe, a bed, a pillow. He brought it to the door of the prison. And asked me where I was going when I was knocked out the door when I was released in prison.

A man who hadn’t spoken from the previous day asked me where I was going. Now if you go to the bus park. And what to do? said. He told me to get on the bus. Where to climb, but where to get down? he asked. He has no wealth and relatives, where will he come down now? He takes a bus and leaves the bus park. The man said. Where to get down now? Hearing his question, in fact, all the people who heard around there started crying. Where to go? And he threw it away. Where will I take it? Why was I fired? I have nothing. For 19 years, I spent all my time in prison. I don’t have anyone. I am unable to work and i am disabled. I can’t go and do anything. “In fact, delayed justice is like not getting justice, that is what people like us understand. We understand that delaying justice is like not getting justice.

TAG_OPEN_strong_36 As an MP in parliament and as the leader of an important party in parliament, I would like to say that our party or the parties in parliament and now the parties in the government have the same opinion. On behalf of the government, we are ready to make all contributions in the matter of justice delivery. May The Civil Code Day inspire us to move forward as a true rule of law.

I haven’t been cleared again after 14 years. I didn’t get justice either. He was imprisoned for 10 years. After the payment was made, the honorable Supreme Court came and said that he would be released after completing the sentence. There, the inspector took the handcuffs and dragged him away again. I filed another complaint. Again, the Supreme Court ordered that ‘do not stop now, leave’. Again, the police dragged him. Look at the court. We were sitting in that kind of raj, but now it is surprising to hear the cry of monarchy, monarchy. People who have not seen, who have not been hungry, who do not understand, who do not understand, monarchy monarchy! they have said. I don’t want to go there now. Justice should not be like that. That’s what we are trying to do and our laws must lay the groundwork for that. It must be guaranteed legally, and our law and justice agencies must pay attention to these things.

Whether it is the police or the investigator or the prosecutor or the judge, these things should be done from everywhere. As prime minister, I would like to say that the government will extend all support for this. There is all the support and as an MP in parliament and as the leader of an important party in parliament, I would like to say that our party or the parties in parliament and now the parties in the government also have the same opinion. On behalf of the government, we are ready to make all contributions in the matter of justice delivery. May The Civil Code Day inspire us to move forward as a true rule of law. Let us implement the law in an unconcerned manner and interpret the law. It is very important how to make society moral.

We need to teach quality to people, not just through law enforcement. Don’t let people commit crimes. Punishment cannot be avoided by expressing ignorance in the law, if there is a mistake, if there is a violation of the law, then ignorance cannot be avoided. Even a scholar cannot memorize sections of the law. It is not that every section is not in violation of the law. The law is not violated if it is done in a way that does not do wrong. We go there with a visa to any country. Taking a visa means that applying for a visa means that i follow the constitution, laws and rules of your country while staying in that country after going to your country. We don’t read the laws there. You don’t do anything bad. After this, the law will be followed automatically. You don’t do anything anti-social, the law will be followed automatically. Here too, we have made many laws. We have made the constitution and we have made laws. But i don’t remember the articles of the constitution, nor do I remember the articles of the law. It’s not possible. But do not do bad things, after doing so, the law will be followed. There is a human rule over the law.

(Views expressed by Prime Minister KP Sharma Oli in his address on the occasion of The Civil Code Day on September 1, 2082) 

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