Codes For Rule Of Law

The rule of law is a sine qua non for a vibrant democracy in which everyone is bound by the law. Democracy cannot function well in the absence of the rule of law. Applying norms and procedures alone cannot be adequate for enhancing the rule of law.

It is also necessary to safeguard human rights and promote inclusiveness within the broader discourse on human development. When the rule of law is maintained rigorously, it can lead to an efficient justice delivery and make democratic governance functional. Legal instruments such as national codes, Acts, and regulations are essential for the nation to ensure the rule of law, people’s rights, and freedom.

The Constitution of Nepal, 2015 ensures the people’s right to equality and non-discrimination. That the country is a signatory to most of international human rights conventions shows her firm commitment to protecting the rights of citizens. 

Nepal has come a long way in terms of protecting citizens’ rights and ending different types of social and gender-based discrimination. Article 38 (3) of the national charter mentions that ‘no woman shall be subjected to physical, mental, sexual, psychological or another form of violence or exploitation on grounds of religion, social, cultural practice or on any other grounds.

Such act shall be punishable by law, and the victim shall have the right to obtain compensation in accordance with the law.’ It may also be relevant to recall here that the country has made an important milestone when it comes to institutional development. Four years ago, on August 17, 2018 (Bhadra 1, 2075), the National Civil  (Code)  Act, National  Civil  Procedure (Code) Act, National Penal (Code) Act, and National Criminal Procedure (Code) Act, along with the Criminal Offences (Sentencing and  Execution)  Act, came into force. As part of commemorating that historic event, the Ministry of Law, Justice, and Parliamentary Affairs marks Bhadra 1st every year as the National Code Day.

Addressing a program organized to celebrate the day in Kathmandu on Wednesday, Prime Minister Sher Bahadur Deuba said that the new codes were dealing with the complex legal challenges that the erstwhile Muluki Ain (Civil Code) had failed. The Codes that have codified the precedents of the Supreme Court have also included national and international principles and practices.

PM Deuba acclaimed the national codes as monumental documents to ensure the rule of law, guarantee people’s rights and freedom, and deliver effective justice in the country. He called for proper implementation of these codes in order to make reforms in the justice delivery system and make it more efficient and affordable.

As some of the provisions of these codes are in need of revisions, the responsible bodies should hold timely reviews and discussions. The PM added: “We  must  create  an  environment  where  the  courts  do  not  face  any  pressure  and  we  must  also  take  initiatives  to  build  the  capacity  of all  stakeholders  involved.” 

What is notable is that people from various walks of life have realized the need for making the judiciary free, fair, and impartial.

As many as 98 lawmakers from the ruling alliance have already registered an impeachment motion in the House of Representatives (HoR) against Chief Justice Cholendra Shumsher Rana for his alleged failure to maintain the dignity and sanctity of the judiciary.

The House has forwarded the proposal to its Impeachment Recommendation Committee for inquiring into various allegations labeled against Rana.

This move is expected to be helpful in bringing about the much-needed reforms the in the judiciary.