Photo: Bimal Chandra Sharma

Nepal Human Rights Year Book 2021 57 arliament is an important in- also raised concerns about the human Pstitution for exercising the rights violation of people with COVID-19 sovereignty of the people. It has impor- infections, delays in rescue and rehabili- tant policy and lawmaking functions. The tation of victims of natural disasters, ac- Constitution states that no tax will be tions of law enforcement agencies, and levied without the approval of the people’s corruption.2 representatives. Any form of taxation has The legislature can also play an to be first presented in the parliament for important role in protecting and promot- approval. The House of Representatives ing human rights by ensuring compliance consists of 275 representatives elected to various human rights treaties, conven- through two different processes. tions, agreements and international stan- has 165 constituencies based on popu- dards approved/ ratified by the state, and lation and geographical suitability and by drafting national laws based on these uniqueness, with one person from each standards and international law. The constituency elected on the basis of the Law, Justice and Human Rights Commit- first-past-the-post (FPTP) system. The tee, is the parliamentary committee that parliament has 275 members, including has a leading role in this process. 110 members elected through the Propor- In the begining of 2020 the lower tional Representation system.1 house of parliament had a vacant posi- The legislature is expected to play tion of Speaker. Concerns were expressed an important role in protecting and pro- nationally and internationally about moting the fundamental rights enshrined the election of , as in the Constitution. As the supreme pol- Speaker, a candidate of the ruling Com- icy-making body, the laws developed by munist Party of Nepal (CPN). Sapkota the legislature determine the status of faces accusations in the enforced disap- human rights. The role of the parliament pearance and subsequent murder of Arjun in preventing human rights violations by Lama of Kavre.3 A case filed by Lama’s the government and various other bodies, wife, Purnimaya Lama, is still under con- by debating such issues and alerting the sideration at the Supreme Court, while government, assist the implementation of the police had listed Sapkota as being the constitutional rights. The legislature at large. His appointment as the Speak- has authority to protect and promote hu- er of the House was therefore seen as a man rights of people by enacting laws, move against Nepal’s national and inter- debating issues of public concern, pass- national commitments to human rights ing no-confidence motions against heads principles and standards. INSEC issued a of government who violate human rights, press release on January 20, 2020, stat- impeaching the head of state, building ing that it was a matter of national shame pressure through parliamentary obstruc- to have people accused in serious crimes tions and using the zero hour to raise hu- repeatedly being given responsibility in man rights concerns. The lawmakers also the state instead of being investigated, held human rights violating bodies ac- despite court orders and concerns raised countable to parliament through a special by victims and human rights activists.4 resolutions. The Members of Parliament The statement said that such decisions of

1. https://hr.parliament.gov.np/np/house-of-representative-nepal 2. https://hr.parliament.gov.np/np/house-of-representative-nepal 3. http://www.insec.org.np/victim/candidate_details_user.php?MFID=14855 4. http://inseconline.org/np/press/%e0%a4%95%e0%a4%be%e0%a4%a8%e0%a5%81%e0% a4%a8%e0%a5%80-%e0%a4%b6%e0%a4%be%e0%a4%b8%e0%a4%a8%e0%a4%95%e 0%a5%8b-%e0%a4%b8%e0%a4%ae%e0%a5%8d%e0%a4%ae%e0%a4%be%e0%a4%a8- %e0%a4%97%e0%a4%b0/

58 Legislature political parties were against the existing This year the federal parliament legal system and the rule of law. It add- was not productive in many ways. The ac- ed that the appointment at a time when tivities of the parliament on issues relat- world was carefully watching progress ing to livelihoods, which should have been in transitional justice and that the ac- actively executed, were halted on various tion contradicted and made a mockery of pretexts. In December the parliament Nepal’s international commitments, and was dissolved by the Prime Minister three commitment to human rights. INSEC had years into its five-year tenure. It was dis- even appealed the CPN to review the deci- solved by President Bidhyadevi Bhandari sion to nominate Sapkota as candidate for at the recommendation of Prime Minister the position. KP Oli on December 20, 2020, and fresh After the resignation of Krishna elections were announced for April-May Bahadur Mahara in 2019, the Deputy 2021.6 The issue of dissolution raised Speaker had continued the work of par- several constitutional questions that was liament until early 2020. The post of being reviewed by the Supreme Court at Deputy Speaker, which was vacant after the end of the year. The debate is about the election of the Speaker, remained va- whether or not the Prime Minister had cant throughout the year. The Constitu- authority to dissolve the parliament as tion requires the Speaker and the Deputy per the provisions of the Constitution. Speaker to be of different gender and po- The parliament that ended on July 2, litical parties. However, no attempt was 2020, was dissolved before it could re- made to select a Deputy Speaker in 2020, sume. As it is constitutionally mandatory which the opposition had been demanding to convene sessions within six months, throughout. the President convened a session of the The Secretariat of the Federal Par- National Assembly on January 1, 2021 on liament issued a notice on July 11, 2020 the recommendation of the government.7 and announced that the position of Social- Nepal’s constitution envisages two ist Party MP Sarita Giri had been vacat- chambers in the federal parliament – the ed. Giri was relieved of her position after National Assembly and House of Repre- the Parliament Secretariat informed the sentatives. The absence of the House of Speaker about the letter received from Representatives also affected the func- the Socialist Party that had expelled her tioning of the National Assembly. In the from the party. As per Article 89 of the absence of the House of Representatives, Constitution, she was subsequently ex- the bills registered and passed in the Na- pelled from the parliament. The Socialist tional Assembly can’t become law. Party decided to expel Giri after she went against the party whip in a vote on the Parliamentary Sessions proposed amendment to the Constitution In 2020, the parliament had two to include Nepal’s new map in the nation- short sessions. As the winter session is al emblem (stamp).5 also the bills’ session, there were more

5. https://ekantipur.com/news/2020/07/09/15942872307138079.html 6. https://president.gov.np/%e0%a4%b5%e0%a4%bf%e0%a4%9c%e0%a5%8d%e0%a4%9e%e0%a4 %aa%e0%a5%8d%e0%a4%a4%e0%a4%bf-9/https://president.gov.np/%e0%a4%b5%e0%a4%bf%e 0%a4%9c%e0%a5%8d%e0%a4%9e%e0%a4%aa%e0%a5%8d%e0%a4%a4%e0%a4%bf-9/ 7. https://president.gov.np/%e0%a4%b8%e0%a4%ae%e0%a5%8d%e0%a4%ae%e0%a4%be %e0%a4%a8%e0%a4%a8%e0%a5%80%e0%a4%af-%e0%a4%b0%e0%a4%be%e0%a4%b7 %e0%a5%8d%e0%a4%9f%e0%a5%8d%e0%a4%b0%e0%a4%aa%e0%a4%a4%e0%a4%bf- %e0%a4%b6%e0%a5%8d-111/

Nepal Human Rights Year Book 2021 59 than 50 bills registered for law making. an updated map of Nepal, by more than However, the winter session ended in two-thirds of the votes. The meeting of March due to a nationwide lockdown to the House of Representatives on June control the COVID-19 pandemic. Similar- 13, 2020, approved a historic govern- ly, the budget session passed only bills on ment proposal on the map of Nepal that budget and expenditure. Immediately af- included Limpiyadhura – Nepali terri- ter the end of the winter session, the gov- tory encroached by India. The vote for the ernment issued an ordinance on the divi- amendment of the Constitution, had 258 sion of political parties and the Constitu- votes in favor and none against. Speaker tional Council that became controversial Agni Sapkota had announced that the even within the ruling CPN. However, amendment bill was passed by more than following widespread protests, the gov- two-thirds of the votes in the 275-member ernment had withdrawn the ordinances. parliament. A two-thirds majority of the When the country was plagued by total number of members is required to the corona virus pandemic, various issues approve amendment to the Constitution. of public importance entered the parlia- The Government of Nepal had released a ment’s zero hour, which through various new political map of Nepal on May 20, in- resolutions helped to the government to- cluding the Limpiyadhura, Kalapani Lip- wards addressing the matters of public ulek areas.11 interest. However, it too did not stay in The Secretariat of the Federal session for long. The parliament is the Parliament issued a notice on July 9, most important platform for people’s rep- 2020 announcing the vacation of the seat resentatives to influence public policy, the held by the Janata Samajwadi Party MP, decisions to be taken by the government, Sarita Giri. She was relieved of her seat and make urgent legal arrangements to after her party informed the Secretariat address issues related to the livelihood of her expulsion from the party by Bharat of citizens. Even the opposition parties Raj Gautam, its general secretary. The had largely ignored their role parliament Socialist Party had decided to expel Giri that being neglected by the government.8 for going against the party whip in the Some also said the opposition’s inactions constitution amendment vote. were a reflection of its weak presence in the house.9 On the recommendation Delays in Lawmaking of government, President Bidhya Devi The most important constitutional Bhandari adjourned the budget session of responsibility of the parliament is to en- the parliament that was underway at the act laws. It is very important to make start of the COVID-19 pandemic in Nepal. and amend laws for the conduct of state. This decision of government had resulted However, Parliament was not able to dis- in widespread criticism, because of the charge this constitutional obligation sat- business that was outstanding.10 isfactorily. Consensus was not reached on the Citizenship Act Amendment Bill Constitution Amendment within the committees of the House of The House of Representatives Representatives. Many bills were stalled passed the ‘Constitution of Nepal (Second due to political tensions, and infighting in Amendment) Bill, 2077’, which included the ruling CPN that led to the dissolution

8. Sarakarko-upechhyam-chhandaithiyo-samsad-aba-bipachhiko-pani-bewastama-himalkhabar. com 9. https://nagariknews.nagariknetwork.com/politics/177011-1556092860.html?click_from=category 10. https://ratopati.com/story/136906/2020/7/2/sansad-ended- 11. https://ratopati.com/story/134284 60 Legislature of parliament. Five bills with reports had ries raised by the parliamentarians dur- been tabled in the House of Representa- ing zero hour and special time within five tives after being passed by the parlia- days. Section 15 (1) of the Rules states, mentary committees. The dissolution also “The Speaker may, considering the work- stalled discussions on five non-govern- load of the House, set zero hour and spe- mental bills that had been registered. As cial time for the presentation of current result, the National Security Council Bill, issues.” Accordingly, Article 15 (2), “As Peace and Security Bill, Bill on Acceler- per the Sub-rule (1), concerned ministers ated Construction and Development of will have to provide the answers to the is- National Priority Projects; Insurance Bill; sues raised in the zero hour and special Federal Civil Service Bill; Public Service time to the House through the Speaker Commission Bill; Nepal Citizenship First within five days.” However, a number of Amendment Bill; Bill on Information and questions raised by the MPs never get an- Technology, and the Bill on Senior Citi- swered.15 zens, remained unapproved.12 As in the previous years, the law- The dissolution also made the Ex- makers drew the attention of the govern- port-Import Regulation Bill, Military Act ment on various issues through the zero (First Amendment) Bill, Public Procure- hour and special time. These included ment (Third Amendment) Bill, Competi- concerns over the provision of health tion Promotion and Market Protection rights and treatment to those affected by Bill presented in the House of Represen- the COVID-19 pandemic, motion to draw tatives inactive. Likewise, Nepal Media attention of the government on the issue Council Bill, Kathmandu Valley Public of people who were unable to return home, Transport Bill, Nepal Special Services and those who had to walk all the way to Bill, Policy Research Institute Bill, Plant their home districts due to the lockdown, Protection Bill, Seed (Second Amend- a motion about questions asked to the ment) Bill that were tabled in the House concerned minister, a motion on issues of of Representatives through National As- urgent public importance, among others. sembly were also not passed.13 Five non- government bills under consideration in Activities of the Parliamentary the House of Representatives were also Committees included in the list of inactive bills.14 This year too, as in previous years, various committees of the parliament re- Zero Hour and Special Time of mained active in addressing the irregu- Parliament larities and matters of public importance In parliamentary practice, zero in various sectors including human rights hour and special time are considered as and contemporary issues. The commit- a forum for raising important issues, also tees played a positive role in investigating from the point of view of human rights. the incidents of human rights violations, In zero hour and special time, MPs debate seeking information about such incidents issues of public importance and public in- (from the Office of the Prime Minister and terest, and also draw government atten- Council of Ministers and officials), and tion to the concerns. As per the rules of the giving necessary instructions to the gov- House of Representatives, the concerned ernment agencies. minister is required to respond to the que-

12. Executive-Nepal Human Rights Year Book 2020 13. https://www.onlinekhabar.com/2020/12/914160 14. https://www.onlinekhabar.com/2020/12/914160 15. https://www.nayapatrikadaily.com/news-details/38331/2020-03-10

Nepal Human Rights Year Book 2021 61 Committee SN House of Representatives Remarks No. 1 1 Finance Committee 2 2 International Relations Committee Industry, Commerce, Labour and Consumer Welfare 3 3 Committee 4 4 Committee on Law, Justice and Human Rights 5 5 Education and Health Committee 6 6 Public Accounts Committee Agriculture, Cooperatives and Natural Resources 7 7 Committee 8 8 Women and Social Committee 9 9 State Affairs and Good Governance Committee 10 10 Development and Technology Committee National Assembly Sustainable Development and Good Governance 11 1 Committee 12 2 Legislative Management Committee Delegated Management and Government Assurance 13 3 Committee Joint Committee Implementation Committee of Directive Principles, 14 1 Policies and Responsibilities of the State 15 2 Monitoring and Evaluation Committee

A Parliamentary Special Investi- May 23, 2020. The victims claimed that gation Committee was formed on June the group of youth was beaten up by the 5, 2020 to investigate the Soti incident villagers and thrown them in the Bheri in Chaurjahari Municipality of Rukum River. Some of the youths who gone there West, where a number of Dalits had been with Nawaraj managed to save their lives killed in a clash. A nine-member special by jumping in the river. The committee parliamentary committee was formed submitted its investigation report to the under the leadership of MP Devendra Speaker on July 14, 2020,16 and the re- Poudel. Members of the committee were port was forwarded to the government on MPs Ekwal Miya, Durga Poudel, Par- July 23, 2020 for necessary action. vati Kumari Bishunke, Prakash Rasaili, The Committee on Law, Justice Bimala BK, Maheshwar Jung Gahatraj, and Human Rights of the House of Rep- Min Bahadur Bishwakarma and Ram Sa- resentatives objected the decision of the haya Prasad Yadav. The committee com- Government of Nepal on September 27, pleted its investigation and submitted 202017 not to provide free treatment to its report within the stipulated 30 days people infected by the corona virus. The time. Six people, including Nawaraj BK, Ministry of Health had made the decision who had come from Jajarkot to pick up public, saying that the cost of treatment a 17-year-old “upper caste” girl for mar- should be borne by the patient and the riage from Soti village, were “killed” on family should manage the body of the per-

16. https://deshsanchar.com/2020/10/20/429501/ 17. https://www.bbc.com/nepali/news-54597721

62 Legislature son who died in home isolation. The com- Headquarters not to implement the ap- mittee reminded the government of Arti- pointment to the position as the issue of cle 35 of the Constitution that guarantees creating it was against the Constitution, citizens free basic health care from the law, rules and procedures.21 state, no one could be deprived of emer- Similarly, the Parliamentary Com- gency health care and every citizen had mittee on Industry, Commerce, Labor and equal access to health care.18 Consumer Welfare directed the govern- Parliamentary Committee on ment to send domestic workers for foreign Industry, Commerce, Labour and Con- employment only on seven different con- sumer Welfare directed the government ditions. The first condition was putting to make arrangements for the payment in place a separate and concrete legal of the remaining amount due to the sug- provisions regarding the services, condi- arcane farmers within a week. The com- tions and facilities of domestic workers in mittee meeting also directed the Ministry the country that wanted to take domestic of Labor, Employment and Social Secu- workers from Nepal.22 The second condi- rity to submit a report to the committee tion was that the labor agreement should within 15 days after monitoring and tak- ensure basic labor rights of the workers ing action on the non-receipt of wages by (wages, leave, social security, occupa- workers across the country.19 tional safety and health, working hours, Contrary to the directives given by insurance, additional work facilities). the State Affairs and Good Governance Likewise, the third condition required Committee of the House of Representa- setting up a strong and effective resolving tives, the Council of Ministers decided to problems faced by the workers, and the promote Bishwaraj Pokhrel to the post fourth was to ensure that those headed of Additional Inspector General of Nepal to work domestic workers were trained, Police. In the parliamentary system, the could communicate in the language of government implements the instructions the host country, and had acquired basic given by the parliamentary committee. knowledge of traditions, culture and cus- Committee chairperson Shashi Shrestha toms there. had instructed the government not ful- As a fifth condition, the commit- fill the position that had been created in tee sought to ensure equal treatment for the police contrary to the federal struc- the same work between the workers of ture provided by the Constitution.20 The the host countries, and Nepali workers.23 committee said, “Contrary to the federal The sixth condition was the need for le- structure provided by the Constitution, gal provisions to take action against the the provision in the ordinance to separate sponsor, employer or family member who the three districts of the Kathmandu Val- committed physical, mental and/ or sexu- ley from Bagmati Pradesh, and the post al violence against the domestic worker. of Additional Inspector General of Po- Another condition was the requirement lice from the concerned ministry, is not to allow the domestic easy access to his/ included in the report and proposal of her family and embassy of Nepal in the management survey.” The committee had country. In 2015, the then Committee on instructed the Government of Nepal, the International Relations and Labor of the Ministry of Home Affairs and the Police Parliament had directed the government

18. https://deshsanchar.com/2020/10/20/429501/

19. https://www.onlinekhabar.com/2020/12/914160 20. Samsadiya-samitiko-nirdesan-24-ghanta-nabitdai-awagya (baahrakhari.com) 21. https://www.onlinekhabar.com/2020/12/914160 22. https://baahrakhari.com/feed-detail.php?nid=300767 23. https://baahrakhari.com/feed-detail.php?nid=300767

Nepal Human Rights Year Book 2021 63 to stop sending domestic workers for for- August 30 directed the Ministry of Home eign employment until a concrete law was Affairs to conduct PCR tests of all inmates enacted. at the prisons. Committee Chairperson Nepal has been sending domestic Shashi Shrestha said that the committee workers only to Jordan, which has an had instructed the government to remain agreement for such workers. The parlia- vigilant on the issue of serious humani- mentary committee has instructed the tarian concerns at the times of crisis as government to amend its existing direc- the inmates were not allowed to go out. 24 tive of seven years, and start sending The Women and Social Affairs domestic workers only after complying to Committee directed the government to the terms and conditions above. control and manage the sales and distri- A sub-committee set up by the bution of acid, and to amend the penal- Education and Health Committee of the ties for perpetrators. Concluding that House of Representatives to monitor incidents of acid attack had not stopped, government’s work in COVID-19 control on August 3, the committee directed the concluded that the government had per- government to regulate the sale and dis- formed weakly in terms of conducting tribution of acid25 and directed the Minis- PCR tests and managing food for PCR- try of Home Affairs to make it mandatory positive patients. The sub-committee to document the details of those who pur- formed under MP Jeevan Ram Shres- chased acids. The committee also asked tha of the ruling party had suggested the government to immediately make 17-points for improving upon the weak- amendments to the existing law to ac- nesses. The committee said corona-infect- commodate its recommendations.26 The ed people were forced to stay home due to committee also directed the Office of the delays in the implementation of the deci- Council of Ministers, Ministry of Home sion taken by the Council of Ministers to Affairs, Ministry of Women and Children create an integrated isolation facility in and Senior Citizens to provide legal as- Kathmandu Valley. The subcommittee sistance and psycho-social counseling to found that the PCR reports were delayed, address the physical, mental and emo- labs across the country lacked integrated tional trauma of victims of acid attacks. coordination for immediate reporting, the The committee had a discussion with the government did not even provide the iso- secretary of the National Women Com- lation facilities a menu of what to feed the mission, officials of the Ministry of Home infected, and quarantine facilities were Affairs, Ministry of Women, Children and provided with very little money for food. Senior Citizens and the victims of the acid It added that the government had not attack on July 4. provided risk allowance to doctors and The parliamentary committee also health workers involved in the treatment drew the attention of the government to of infected people and also pointed to the immediately start preparation to bring government’s failures to manage skilled back the citizens who had been stranded human resource in ICU and ventilator in different areas, and had lost jobs due to wards at the designated hospitals. COVID-19. A meeting of the Law, Justice A virtual meeting of the State Af- and Human Rights Committee on May 5 fairs and Good Governance Committee on instructed the government to start prepa-

24. www.inseconline.org 25. http://inseconline.org/np/news/%e0%a4%8f%e0%a4%b8%e0%a4%bf%e0%a4%a1-%e0 %a4%ac%e0%a4%bf%e0%a4%95%e0%a5%8d%e0%a4%b0%e0%a5%80-%e0%a4%b5% e0%a4%bf%e0%a4%a4%e0%a4%b0%e0%a4%a3%e0%a4%b2%e0%a4%be%e0%a4%88- %e0%a4%a8%e0%a4%bf%e0%a4%af/ 26. www.inseconline.org 64 Legislature rations immediately for the same. It also lieved that the constitutional practice of drew the attention of the government to presenting the persons concerned at the prepare for the rescue of the citizens who parliamentary hearings before appoint- had gone to India for employment and ment to constitutional bodies, including were facing trouble returning home, and the National Human Rights Commission, the need for preparing a long-term plan will make the incumbents accountable to for supporting citizens living abroad. the people and will hesitate before com- Similarly, the committee also drew mitting human rights violators from their the attention of the Ministry of Health positions. In 2020 Mahendra Bahadur and Population to arrange COVID-19 Pandey was appointed as the ambassador treatment in private hospitals as well. to People’s Republic of China, and non- But said private hospitals without enough resident ambassador to the Democratic facilities for COVID-19 treatment should People’s Republic of Korea and Mongolia. not be compelled to do the same. The hearing committee also approved the names of Yuvaraj Khatiwada as ambas- Parliamentary Hearing Committee sador to the United States, Lokdarshan Parliamentary hearings are parts Regmi as ambassador to the United King- of the democratic process to make the ex- dom, and Nirmal Kumar Bishwakarma as ecutive accountable to the legislature by ambassador to South Africa. testing the competence, ability and sincer- ity of people proposed for appointment by MP Development Fund the executive to positions of public impor- The government continued with tance. Article 292 (1) of the Constitution this infrastructure development partner- provides that parliamentary hearings ship program at the local level despite shall be held in accordance with federal protests against the free-hand to MPs law before the appointment of the Chief to fund projects. The government allo- Justice, judges of the Supreme Court, cated NRs. 6.60 billion for the program, members of the Judicial Council, heads or that each elected MP can disburse (NRs. office bearers of constitutional bodies and 40 million per MP). Just like the fed- ambassadors to be appointed on the rec- eral government, the provincial govern- ommendation of the Constitutional Coun- ments have also begun allocating money cil. Clause (2) of the said article provides for state assembly members to spend. for the formation of a 15-member joint However, the Rs. 6.60 billion allocated committee for the purpose of clause (1), for the program is not regulated by law. consisting of members of both the cham- The main opposition party in parliament, bers of the federal parliament.27 the , demanded that the Similarly, clause (3) of the same government should close down the pro- section, requires barring of members gram.28 However, it did not say that Ne- of the joint committee from appearing pali Congress MPs would not accept the before the Supreme Court to advocate money. There was a demand that the during their tenure as members of the allocated budget should be spent on con- federal parliament. The parliamentary trolling the COVID-19 pandemic as de- hearing system that has been in practice velopment works were hampered due to in Nepal in the recent years has made a the pandemic.29 The allegations that the positive contributions to the protection money of the Parliamentary Development and promotion of human rights. It is be- Fund was misused, spent for the benefit

27. https://hr.parliament.gov.np/np/# 28. www.ekagja.com 29. https://www.onlinekhabar.com/2020/04/854557

Nepal Human Rights Year Book 2021 65 of party cadres and had not contributed hopes that victims like her would get jus- much to the livelihood of the people re- tice and that such heinous attacks would mained unaddressed. be controlled.31 After the dissolution of the parlia- Ordinances ment on December 20, 2020 the govern- Amid internal tensions within the ment reissued the ordinance on the Con- ruling party, the government ended the stitutional Council and appointed 45 peo- parliamentary session on July 2, 2020 ple to the long-vacant positions at various and issued several ordinances. The gov- Constitutional commissions. A writ has ernment withdrew its ordinance on the been filed at the Supreme Court challeng- Constitutional Council on April 20, 2020, ing the legitimacy of the decision. There following widespread criticisms and pro- is a constitutional provision that requires test after it had been issued. President parliamentary hearing to be held within Bidhya Devi Bhandari issued three ordi- 45 days of the appointments to the Con- nances on June 26, 2020. These included stitutional bodies. In the absence of a par- the Acid and Other Hazardous Chemicals liament, no such hearing had been done (Regulation) Ordinance 2020, Criminal at the time this report was prepared. Offenses and Criminal Procedure Amend- ment Ordinance 2020, Nepal Police and Some Notable Bills Passed by State Police (Operation, Supervision and Provincial Legislatures Coordination) (First Amendment) Ordi- Article 175 of the Constitution of nance 2020.30 Nepal provides for a provincial legisla- The Acid and Other Hazardous ture. As per the Constitution, the legis- Chemicals (Regulation) Ordinance 2077 latures of provincial are unicameral, and BS prepared to take strict action against are known as provincial assemblies. The those making such attacks. It was issued Bagmati Province passed the Bills related on September 28. The Ordinance requires to Appropriation, Finance, and Vehicle official permission to sell and distribute and Transport this year. Similarly, the acid. Similarly, the ordinance amended Far-Western Province passed 16 Acts and the Acts on Criminal Offenses and Crimi- 25 Bills. The Acts and Bills have been nal Procedure, to provide harsher pun- approved by the Far-Western Provincial ishment for acid attackers compared to head Sharmila Pant. The Lumbini Pro- the past. Now, acid attack on the face is vincial Assembly, likewise, passed 58 bills punishable by up to 20 years in prison. in a period of three months. All the bills Victims will also receive NRs. 1 million passed by the provincial assembly have as compensation from the perpetrator’s been verified/ approved. property. Likewise, sales and distribu- tion of acid will now require official per- Conclusion mission from the District Administration The work of parliament was not Office (DAO). After the ordinance was is- effective owing to different circumstan- sued, Muskan Khatun, a victim of acid at- tial factors and tensions within the rul- tack from Parsa district, said that the law ing party. The issues raised in the par- brought by the government has raised liament were neither given importance

30 https://ekagaj.com/article/editorial/1568 31. http://inseconline.org/np/news/%e0%a4%a4%e0%a5%87%e0%a4%9c%e0%a4%be%e0%a4% ac-%e0%a4%a4%e0%a4%a5%e0%a4%be-%e0%a4%85%e0%a4%a8%e0%a5%8d%e0%a4%af- %e0%a4%98%e0%a4%be%e0%a4%a4%e0%a4%95-%e0%a4%b0%e0%a4%be%e0%a4%b8%e0%a 4%be%e0%a4%af/

66 Legislature they demanded nor were they addressed. Nemwang, stating that the age of the par- Instead, the act avoiding parliamentary liament was set at five years in the Con- scrutiny and issuing ordinance was pre- stitution of Nepal so that the mistakes of ferred by the government. A number of the past were not repeated, had become bills that had been under consideration public. A number of political parties and for a long time still remained unresolved. civil society said the dissolution of the There was no discussion in the parlia- parliament was equivalent to a constitu- ment on the bill related to the National tional coup. Supporters of the Prime Min- Human Rights Commission and the bill ister’s move argued that the dissolution on the Media Council that had triggered was the exercise of the prerogative of the widespread protests. Issues such as low chief executive. There was a difference of turnout of MPs in the parliament, the opinion in the opposition Nepali Congress Parliamentary Development Fund, and as to whether or not to speak out on a mat- long-standing obstructions of sessions ter that was under consideration at the continued this year as well. The legiti- Court. Although the issue of dissolution of macy of the directives and decisions made parliament and fresh public mandate are by the parliamentary committees was common in parliamentary democracies, in put into question as concerned bodies of Nepal people have been fed up with long- government that neglected the directives. standing political instability that such Parliamentary activities took place with- moves have led to in the past. That was out a deputy speaker throughout the year. why, according to the former chair of the The parliament that had been Constituent Assembly, the assembly had elected for a five-year term was dissolved made adequate provisions to ensure that in just three years on December 20, 2020. the parliament remained intact through- A video of a speech of the Chairman of the out its five-year term. Constituent Assembly, Subash Chandra

Nepal Human Rights Year Book 2021 67