Maoist women’s call for liquor ban worries business community

By Subas Risal

KATHMANDU, Aug 13 - As the date set by the Maoist-aligned women’s association to impose a total ban on liquor sale approaches nearer, the country’s business community including tourism entrepreneurs seem worried and say that the two sides—the Maoist women and business community—should sit for talks and find ways to control and regulate the sale and consumption of liquor.

Taking a serious note of the illegal liquor ban called by All Nepal Women’s Association (ANWA) - Revolutionary, worried business community today expressed serious concerns over the upcoming move and asserted that it would have negative impact on the national economy. They also called on the government to come forward and "help broker the talks with the ANWA-Revolutionary activists."

In its leaflets distributed recently, ANWA-Revolutionary has called for a total ban on liquor sale and consumption throughout the country from Sunday, August 18 (Bhadra 2).

"Bank investment on liquor industry is over Rs. 10 billion. If there is a total ban then the investment will go down the drain. Hence, it is high time the government started mulling over this issue," said Dilendra Raj Shrestha, President of the Restaurant and Bar Association of Nepal at the press conference held here Monday.

He added, "Total ban on liquor will leave around 50,000 people unemployed. This in turn will be a big blow for the government." The entrepreneurs condemned the call for the total ban on liquor, but were positive regarding its regulation. "We want proper mechanism for regulating the liquor sale and consumption and not the total ban," Shrestha said.

"Only a negligible number of people create trouble in society after consuming liquor and this should not be generalised. We have been demanding regulation of liquor sale and consumption for a long time, but it has always been ignored," said Santosh Pandey, General Secretary of Nepal Liquor Distribution Committee.

When asked whether regulating liquor will affect the investment, employment and revenue, he said, "Regulation will not have negative impact on the economy, rather this will work as an strengthening factor."

The ANWA-Revolutionary’s anti-liquor campaign is in stark contrast to the liquor policy of the underground communist party, which was announced by the party’s leader Dr Baburam Bhattarai in a written interview to an English weekly paper recently.

Dr Bhattarai had said in the interview to the Nepali Times last month that their intention was not a total ban. "¼We have no agenda of puritanical fads like alcohol ban but we launch campaign against social evils like alcoholism, gambling, prostitution and pornography etc¼" Dr Bhattarai had said.

The business community has also urged the government to create conducive atmosphere for talks between them and the ANWA-Revolutionary activists. Since ANWA activists announced the ban two weeks ago, business community including tourism entrepreneurs and liquor manufacturers have been left "disturbed and terrorised", businessmen said Monday.

"Since the dialogue is the only way to resolve the problem of the liquor, we urge the government to create favourable environment for it, and come forward to resolve the problem," said Narendra Bajracharya, President of Hotel Association of Nepal (HAN).

He added, "Total ban on liquor will have direct impact on the tourism industry as well. Foreigners will definitely be reluctant to visit Nepal if there is a total ban on liquor."

The number of tourists visiting Nepal nose-dived this year, owing to, among other reasons, the Maoist insurgency which has taken the lives of over 1,800 people since its inception six years ago.

Noted human rights activist, Padma Ratna Tuladhar, has also echoed the business community’s sentiments. "Dialogue between the business community and ANWA has to take place on friendly environment, and both the parties should be flexible on their stance," he said at the press meet.

Tuladhar lambasted the government for not implementing the existent laws that require regulation and control of liquor sale and consumption. "This situation would not have surfaced had the government adopted a proper mechanism to regulate liquor sale," he said.

Statistics show that the production of the liquor has doubled over the last ten years. There are around five breweries and 30 distilleries in the country. Experts say along with it, the consumption too has increased. Tourists consume 40 percent of the liquor and locals consume the rest, according to an estimation.

Encephalitis claims 43 in Dang, Kailali

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LAMAHI, Dang, Aug 13 - Death toll from the outbreak of Japanese Encephalitis has climbed to 43, most of them from the destitute Tharu community, and dozens of others are struggling with the fatal disease in the mid-western and far-western Terai districts of Dang and Kailali over a month, according to the hospitals from the respective districts.

Officiating Superintendent at the Ghorahi based hospital, Dr. Bikas Devkota, said that 10 from the Dang Valley and nine others from the Chaulahi VDC of the Deukhuri Valley have so far succumbed to the killer disease, which spreads to human beings from water birds and pigs.

Dr. Devkota said that 19 people were still receiving treatment of the mosquito-borne disease.

Ram Das Shah of the Lamahi-based health centre said that all the nine people from the Chaulahi VDC died within the interval of 10 days. He, however, could not assert the exact number of death toll in other nine VDCs of the Deukhuri Valley. Shah said that all of them perished to the disease on the way to the hospitals in Nepalgunj, Butwal and Palpa.

As the details are sketchy, locals, however, suspect that the number of encephalitis related deaths could be much more higher than the official claims in rural areas from where reports of the incidents are hardly available.

Although the District Development Committee, Dang and the Epidemiology Division in Kathmandu have provided Rs 100,000 in cash combined to the hospital to cope with the epidemic, there is no symptoms of the disease being abated.

Meanwhile, another report from Kailali district stated that 24 out of the total 163 encephalitis infected people admitted at the Seti Zonal Hospital and at the Tikapur Hospital succumbed to the disease over the period of one month.

According to Dilip Shrestha, a medical recorder at the Seti Zonal Hospital, 10 out of the total 126 people admitted at the zonal hospital died while 11 of the total 37 patients receiving treatment at Tikapur hospital died during the period.

Shrestha said among the 49 patients still receiving treatment at the zonal hospital, condition of the nine of them is very critical.

The zonal hospital added that three people from remote Chaumala, Joshipur and Malakheti VDCs succumbed to the epidemic while undergoing treatment at local private clinics.

Likewise, a dozen of encephalitis infected people are still struggling to life and death at Tikapur hospital, Dr. Gunaraj Awasthi said, adding that they facing the shortage of accommodation, adequate medicine and skilled hands to deal with the epidemic.

Dr. Awasthi said that the number of the disease could further rise in case of no more precipitation in the days ahead.

CPN-ML forms ‘dialogue committee’

KATHMANDU, Aug 13 (PR) - The Communist Party of Nepal Marxist Leninist (CPN-ML) today formed a "dialogue committee" under the convenorship of its politburo member Siddhilal Singh to hold talks with CPN-UML for party unification.

The dialogue committee formed under Singh will also hold dialogue with other left parties for "comprehensive left unity".

The CPN-ML meeting that lasted for four days also asserted positive attempt made by the government and the Maoists for "peace talks". The meeting also decided that all parties should play positive role part to facilitate dialogue between the two.

"Our party also decided that both sides should be flexible while holding dialogue," said another politburo member, Radha Krishna Mainali. According to Mainali, the party also decided that no one should drag the "Constitutional Monarchy" into controversy.

Discussions over the possible unification are going inside the CPN-ML after CPN-UML had endorsed a proposal for left parties unification last week.

SC rules against ‘licensing exams’ for medics

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KATHMANDU, Aug 13 - The Supreme Court today passed its verdict that "licensing examinations" to obtain "temporary registration" was not required for those medics who had registered provisionally to the Nepal Medical Council prior to March 1.

The government earlier on March 1, amending the Nepal Medical Council (NMC) Regulations, had introduced a "licensing examinations" to obtain "temporary registration" of those medics who had registered themselves provisionally. While NMC on March 30 had issued a general notice stating the provision of licensing exam for doctors seeking "temporary registration" after March 1. Any Medics can not go for further medical practice without obtaining temporary registration.

The Supreme Court (SC) verdict comes in response to a writ petition filed by 166 medics who had graduated from various universities in and outside the country and had provisionally registered themselves prior to the formulation of the new NMC’s Regulation and were awaiting for "temporary registration" from NMC.

The order was issued by a division bench comprised of Justices Laxman Prasad Aryal and Sushila Singh "Silu". Senior Advocate Sindhu Nath Pyakurel, and Advocates Satish Krishna Kharel and Balkrishna Neupane among others had pleaded from the Medic’s side.

"The verdict is a blow to irrational and illogic stand of NMC on licensing exam which tried to introduce the new Regulation without proper homework," says one petitioners Dr Jayendra Bajracharya after hearing the courts verdict.

"Many doctors who finished their internship after March 1 had to remain unemployed after they were denied the right to practice by NMC," says Bajracharya.

Earlier SC on May 16 had issued an interim order to NMC to stop conducting the licensing examinations of those medics to be held on June 2. The writ petition that was filed on May 14 had argued that there was no provision of such licensing exams to those doctors who were provisionally registered.

SC’s verdict goes in accordance with the petitioners argument which stated that, "those medics who have been provisionally registered in NMC as per its previous regulations can not be retrospectively bound to a new regulation formulated on Falgun 18 (Nepali calendar) of last year".

The new NMC Act and Regulation has the provision of a licensing examination, but it does not categorically state that the exam should be held for those doctors who are provisionally registered, the writ had stated.

Medics blamed the government for introducing licensing examinations that was scheduled to be held on Jestha 20 (Nepali calendar) without proper homework merely to harass those medics who have just completed their internship after MBBS examinations.

Lack of enforcement taking the punch out of PILs

By Rudra Sharma

KATHMANDU, Aug 13 In the early years of democracy, then Prime Minister Girija Prasad Koirala got a rude shock from the Supreme Court. His much-ballyhooed "agreement" on Tanakpur with India was declared to be a "treaty" by the courts, throwing his government into a turmoil.

The case was one of the first examples of a Public Interest Litigation (PIL) in newly-democratic Nepal. A mighty government had been humbled by a well-argued case in court.

Two years later, another PIL landed in the courts. This time, activists demanding an end to the mammoth Arun-III hydel project filed a writ at the Supreme Court demanding the government release all documents and information pertaining to the project. The court agreed, and the government reluctantly made available the documents to whosoever requested it.

In the early to mid-1990s, when these pioneering cases came before the courts, one could have been forgiven for thinking that PILs had finally arrived on Nepal’s judicial scene. But subsequent years have proven it otherwise.

Unlike in neighbouring India, where the combination of PILs and an activist judiciary have helped along many a public cause, Nepal has yet to see the day when PILs have such a broad impact on daily life. Ironically, it is not because the PILs landing in the Supreme Court have failed. To the contrary, many of them have succeeded, but lack of follow-up action by both the courts and the government has ensured that such successes remain only on paper.

It is for these reasons that legal experts are now calling for a comprehensive reform in how PILs are handled by both the courts and the government. They want an effective monitoring system to translate the court’s decision into reality.

Experts say, two main aspects are lacking in the PIL system. First, a clear demarcation about who can file a PIL petition. Second, the enforcement of the order of the court and its follow ups.

The Indian Supreme Court not only orders but also carries out its follow up on the enforcement of its orders. In Nepal’s context, however, once the court orders, its enforcement is left to executive fiat which more often than not fails to follow up. The court takes it up if only another petition is filed in contempt of court for the enforcement of the order.

Dr Annanda Mohan Bhattarai, a judge at the Kathmandu District Court says, "The practice of PIL is much advanced in India. A concept of ‘continuous mandamus’ is developed there. By this, the court orders this or that together with an order to report about the same within a specific period of time. The court also establishes commission to carry out the follow up of the enforcement of the orders. "

No such system is in place here. An example is the court’s verdict on the Godavari Marble case some years ago. The Supreme Court had ordered that the area surrounding the marble quarry in Godavari be made "pollution free." But even years after the court order, the area in question is exactly as it was then.

Responding to another PIL, the Supreme Court also ordered that all laws of the land should treat women as equal to men and that the government should re-work all its unequal laws within a year. This verdict was passed three years ago, but still the bills pertaining to carry out the order is languishing in the parliament.

Responding to why such orders are not enforced, joint government attorney, Nanda Bahadur Subedi, says, "All the orders passed by the Supreme Court are not obligatory. Some of them just provide directions to take. The government executes them slowly and gradually. Sometimes the political and legal hurdles impede such execution."

Another area which needs clear answers is, what exactly constitutes a PIL and who can file such writs? A literal interpretation of Article 88 of the constitution says, "Any Nepali citizen is eligible to file a writ petition. But in course of the interpretation of the Article, the Supreme Court has sometimes restricted it and sometimes broadened it."

When in the early democratic years, advocate Radheshyam Adhikari knocked the door of court challenging the appointment of an ambassador. The Supreme Court then narrowly defined who could file such writs, thereby quashing Adhikari’s writ. The court’s argument is that a writ petitioner should have "meaningful relation and substantial interest" with the writ petition.

"The terms ‘meaningful relation and substantial interest’ should be well defined," says a constitutional lawyer Bhimarjun Acharya. Another expert, Dwarika Man Joshi, who teaches procedural law at Nepal Law Campus says, "The court has sometimes heeded to less about procedural matter or locus standi (eligibility to file the writ petition) and sometimes has heeded to more about it. It hasn’t shown homogenity in its approach which should be maintained."

Politicians call for upliftment of Dalits

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KATHMANDU, Aug 13 - At a program organised today to felicitate the newly elected vice-chairman of the National Assembly Ramprit Paswan, political leaders and social activists called for the upliftment of Dalits.

Recalling his experiences of humiliation as a Dalit Paswan said Dalits are not Dalits by themselves but they are made Dalits. He pointed out the need of political will power for the solution of the Dalits problem.

Speaking on the occasion, leader of CPN-UML Jhala Nath Khanal said there are problems in every aspects of Nepalese society and a radical change would be required to solve all these problems.

At the program organised by Nepal Utpidit Jatiya Mukti Samaj (Forum for the upliftment of down trodden people) leader of CPN-ML Chandra Prakash Mainali pointed out the need of progressive approach towards the solution of the Dalits problem.

Many of the speakers of the programme also demanded a ‘reservation’ for Dalits in the House of Representative. They stressed that more representation of the Dalits in the House would play a decisive role in national building.

Other persons who spoke on the occasion were Upper House MP Bijul Kumar Bishowakarma, nominated MP Rishi Babu Pariyar,Human Rights activist Sudip Pathak, Malla K. Sundar and Gore Bahadur Khapangi.

NC lawmakers rap UML

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KATHMANDU, Aug 13 – The ruling Nepali Congress lawmakers today criticized the main opposition, the Communist Party of Nepal (Unified Marxist Leninist) for its comments and action on the decision of the Public Accounts Committee on the infamous China South West Airline jet deal with the national flag carrier.

Speaking in the House of Representatives, Romi Gauchan Thakali of NC pointed out that the UML had not issued any whip to its members on the CSWA deal. He questioned the party’s "legitimacy" to question its own lawmakers. He added that the UML’s questioning of the PAC decision has attracted Clauses 1 and 3 of Article 62 of the Constitution.

"Article 62 (3) does not allow even the courts to discuss the parliamentary committee’s decisions, so how can a party do that?" questioned Thakali. Since the UML has challenged a committee decision, reasoned Thakali, it has also attracted Article 62 (7) that amounts to the contempt of the House.

Another NC lawmaker, Ram Chandra Tiwari, also criticized the UML for its reaction to the PAC verdict that had indicted one of its CC members. "The party that publicly declares leaders of the other parties corrupt has adjudged its own party man innocent," pointed out Tiwari. He added that if parties started reacting the way the UML has done, then the lawmakers would be discouraged to take stance against corruption.

The Speaker did not comment.

PAC, chaired by UML lawmaker Subas Nemwang, had indicted and recommended action against Bhim Bahadur Rawal of the main opposition for his alleged complicity in the fourth renewal of the CSWA jet. The parliamentary committee had also given a similar verdict against NC’s Tarini Datta Chataut for the aircraft’s ninth renewal. Rawal and Chataut were civil aviation ministers respectively during these renewals.

The CPN-UML had formed a committee to probe the role of its members in the PAC. A lot of heated debate was generated in the last two Central Committee (CC) meetings of the party. Although, the matter was "decided" after Rawal was given a pardon, in the last CC meet, the 22nd one, the matter resurfaced and then the party decided to "penalize" five of irs PAC members, including Nemwang and K P Oli, one of the party stalwarts.

In the House today, Tiwari reiterated that Surya Nath Upadhyay should not continue as the Chief Commissioner of the anti-corruption body, the Commission for the Investigation of Abuse of Authority (CIAA) for his alleged complicity while he was Secretary in the Ministry of Water Resources over payment to a Korean firm.

Speaking earlier, Rajendra Pandey of UML questioned the government’s motive in diverting 50 percent of the amount given to elected representatives for development work to the Integrated Security and Development Package (ISDP) programme in the Maoist-hit districts. An MP is given one million rupees annually for his constituency.

Pandey said that a policy-making body, the National Planning Commission, has been asked to oversee the development works under the ISDP and a committee under the Prime Minister was to oversee the fund allocation. "It is not very difficult to understand what will be the fate of the funds and the development programme."

The UML lawmaker also alleged that the elected representatives’ authority has been reduced and they have been kept under the army, the police and the Chief District Officer.

Mahendra Bahadur Pandey of the UML drew the attention of the House towards the "alarming" development of the failed SLC candidates being brainwashed into joining the Maoist rebels in Rolpa district. He warned that if this was not checked, things could be catastrophic. He also asked the government to immediately release Rs 250,000,000 to the Tribhuvan University "that has been held back for nefarious reasons".