Digging into property right

By UTPAL RAJ MISRA

Pursuit of happiness should be an inalienable right of all the people. It is often said that wealth is not happiness and that wealth does not necessarily bring happiness. But wealth is a very good substitute, as well as a useful means to happiness. Imagine being sick and not having money to pay for the doctor or the medicine that is prescribed. Imagine not having money to feed oneself or one’s children. In fact the cliche that money does not bring happiness is illogical because it seems to imply that happiness will automatically fall upon those who do not have money. In fact, misery is the companion of destitution and not happiness.

The ancient shastras tells us: "Dhanat, Dharma, Tatha Sukhum". That is, possession of wealth followed by Dharma (Right Deeds) leads to happiness. The dhana (wealth) is given priority, even before Dharma in the Shastras. One cannot perform good deeds without money. Philanthropic deeds, religious ceremonies etc do require surplus wealth beyond that which is required for one’s own needs. Tulsi Das, a poet of medieval Hindustan, is said to have observed that one with an empty stomach cannot sing Bhajana (hymns). So the precondition for happiness is wealth. And the precondition of a happy nation is also prosperity.

Gone are the days when wealth was considered adequate, when it was sufficient to meet simple basic needs with just a little extra for a rainy day. Rise of consumerism and economic liberalism has and will put ever-increasing pressure on all people to generate and accumulate wealth. Failure to do so leads to radicalism and terrorism. Radicalism and terrorism are more like temper tantrums of a frustrated child. They do not solve any problem, they only vent one’s frustrations. Yet in the situations where scarcity, uncertainty and frustration abound they will always exist.

The shastras say, when the incompetent and leaders without ethics rule the country, the result is the general prevalence of scarcity, insecurity, and violent deaths. The extent to which these three things exist in the country indicates the extent of bad governance.

Unfortunately, since 1990, these indicators of bad governance have been rapidly increasing. Insecurity has increased not only due to deteriorating law and order, but also due to the improper and unstable policies of the government that affect the economy of the country. That which affects the propertied class will eventually also affect the economy of the country. The indicators of bad and unstable policy are capital outflows from the country and the disinclination to invest in the country. It is only when savings are invested that wealth is generated. In the situation where rulers adopt unstable and impractical policies, a general atmosphere of uncertainty prevails. Accumulation of wealth is discouraged. So those with capacity to invest and undertake entrepreneurial activities are discouraged. This in turn constricts job opportunities and unemployment and poverty increase.

"Privatisation" will be ineffective where private entrepreneurs are discouraged. Where private efforts are penalised by efforts to reduce their margin of profit, through taxes, bureaucratic hassles and corruption, private enterprise is discouraged.

The shastras, dealing with political economy, say that one should not live in countries where the productive classes are not respected and honoured. It is said that farmers, traders, and artisans (in modern times industrialists also) should be encouraged. The government should make every effort to facilitate the efforts of such productive classes. Unfortunately, the government of the day has made the life of the productive classes more difficult by their policies and laws.

Disincentives (corruption included) to the propertied class have increased in our democracy. The sorry state of our economy is proof of the negative effect of such disincentives. Accumulation of wealth is necessary for the prosperity of any nation, and the people. Accumulation of wealth is the prime motive for all industry, trade and services. When industrious people are directly and indirectly discouraged, the entire nation suffers. It is said that a system that cannot protect the rich, who are few, cannot also protect the poor, who are many. Depriving citizens of property through the enactment of unjust laws and usurious taxation, discourages accumulation of wealth. Depriving people of their wealth whether by pointing a gun or by use of laws is fleecing the people of their rightfully acquired wealth. Deprivation is deprivation no matter whether it is done legally or otherwise.

The right to be rich must not be curtailed, if the people and the country are to be prosperous. The right to property is a fundamental right. Our current democratic Constitution has adopted this principle from the Constitutions of other countries. However, from what has in fact transpired in this country, the provision on the right to property seems to have no substance, because the capable are not given full freedom to be rich. Article 17 of our Constitution provides the "Right to Property" as one of the fundamental rights. Clause 1 of this Article states: "All citizens shall, subject to the existing laws, have the right to acquire, own, sell and otherwise dispose of, property." The phrase "subject to the existing laws" in Clause 1 has become a tool to go against the sprit of this Clause. The law to take away fifty percent of the tenanted land without compensation to the landlords was enforced retroactively.

The recent law on land ceiling is intended to prevent the large landowners from owning land beyond the stipulated amount. This law is also to be enforced retroactively. In Nepali Democracy, it seems the government does not know that laws to be legal, just and democratic cannot be enforced retroactively. Retroactive laws are also being enforced for the sake of raising taxes on houses that were built before the concerned laws were enacted. Demolition of legally built private houses, without compensation outside of the Kathmandu Valley and with compensation within, has gone against the provision of the right to property. If the houses were built legally, what right did the government have to deprive the citizens of their property? The houses in Kathmandu that were not demolished during the Panchayat period (during the first SAARC Summit here) were demolished in this democratic period, on the pretext of preparing for the SAARC summit. It seems, plebeians in authority tend to be more totalitarian than born autocrats in authority!!

The Constitution does not grant any authority to deprive the citizens of their property or even to create any kind of hindrance in the use of private property, except in the public interest. Clause 2 of Article 17 explicitly states: "The State shall not, except in the public interest, requisition, acquire or create any encumbrance on, the property of any person." It seems the catch in this Clause is the phrase, "except in the public interest." What is the public interest? Are the whims of the rulers the public interest? If the legally built houses were against the public interest, why did the authorities give the permission to build the houses in the first place? Should the error of the officials be reason for penalising the people and depriving them of their property? The principle of equality before the law is also ignored. Why were the owners of the demolished houses outside Kathmandu Valley not given compensation, while those within the Valley were provided with such compensations?

Article 11, Clause 1 of our democratic Constitution states: "All citizens shall be equal before the law. No person shall be denied the equal protection of the laws." So why the discrimination between those within the Valley and those outside? The discrimination seems to indicate that in the minds of our democratic rulers, those outside of the Valley are not citizens of this country! Further, Clause 3 of Article 17 states: "The basis of compensation and procedure for giving compensation for any property requisitioned, acquired or encumbered by the State in the Public interest, shall be as prescribed by law." Given this Constitutional provision, one is forced to wonder how the "basis of compensation, as prescribed by law" was different for those within the Valley and those outside. Should not the law be equally applicable to all? Previously, the by-law mentioned that no constructions were to be made within a space of 15 meters on either side from the centre of the roads. But suddenly a new rule has emerged and the previous 15 meters have been changed to 25 meters for the highways. It is said that the houses and shops that were legally constructed beyond the 15 meters range are now being demolished and the by-laws are applied retroactively!

Laws and by-laws are frequently being changed and applied retroactively. So, legally acquired properties are constantly facing such legal threats, and hindrances. When people are never assured of enjoying their wealth, and are constantly in a state of uncertainty, capital outflow from the country is natural. So what is the use of "the Right to Property" being enshrined in our Constitution?

Pollution in KTM Valley

By Arjun Kumar Ranjit

To pollute means to make impure, unclean or dirty. Pollution is the condition in which air, water or things on the earth are impure. Karl Eskelund, a Danish writer has, in his book entitled "The Forgotten Valley" (Travels in Nepal), marked Kathmandu as one of the filthiest cities in the world, yet very attractive. In the olden days, the situation was just the reverse- the city was completely pollution-free. In fact, a poet had even described this place as "Alkapuri", the city of paradise.

At present, people from all over the country and neighbouring states of India (because of open border system) are pouring in here for various purposes. As a result the population of the Kathmandu valley is growing rapidly day by day. With this growth of population, the number of houses, vehicles, etc is also increasing accordingly. These vehicles emit toxic fumes. The air is polluted due to emission of toxic elements from factories. Rivers have been polluted with filthy waste.

Nepal is the only Hindu Kingdom in the world. However, it is a unique synthesis of Hinduism and Buddhism. The Kathmandu Valley - the political, commercial and cultural hub of Nepal - contains three fabulous cities- Kathmandu, Patan and Bhaktapur. Each of the cities is world famous for traditional art and crafts, pagoda-style temples, stupas, elegant palaces, brick-paved courtyards and quaint streets. There are seven UNESCO World Heritage Sites in the valley. According to the Danish writer Karl Eskelund, the Kathmandu valley is one of the richest archaeological treasures in the world. But now, pollution seems to have posed a great threat to the tourist trade.

In fact, scientific discoveries have made our lives easier and comfortable. But at the same time, these are equally responsible for various kinds of pollution. On the other hand, people do not seem to be careful enough about purity and cleanliness of environment. They throw wastes and garbage anywhere they like. They do not dispose these things at some proper places. As a result, we can see dirt and garbage at every nook and corner of the city. These are the reasons why people are suffering from various kinds of diseases related to eye, nose, throat, chest etc. It is a serious threat to the health of the public.

Considering the factors responsible for various kinds of pollution, remedial measures must be taken as soon as possible. We must do something to create public awareness about civic responsibility to help citizens keep their vicinity neat and clean. To reduce noise pollution, old motor-vehicles and factories should be shifted outside the valley. Recently, the government has banned three-wheeler diesel autorickshaws from plying on the roads of Kathmandu valley. But this is not enough. Other vehicles which are harmful to our environment should also be banned. The government and the municipality/metropolitan authority must take necessary action to prevent beggars from begging, and barbers and shoemakers from working on the pavements. Similarly, vegetable-sellers with bicycles must not be allowed to move on the roads. The pubic should also try to understand the situation. Laws should be made for punishing those who do not abide by the rules aimed at keeping the city clean. Furthermore, concerned authorities ought to take necessary steps to ensure proper management of wastes and garbage disposal, public toilet and telephone, water supply and sewerage system in order to make Kathmandu valley neat, clean, healthy and green.

Sitting by the fire

By GANESH KHANIYA

It’s the peak of winter cold. The Mercury has plummeted. People are found stuffed with piles of clothes to ward off this chilling cold. One noticeable aspect of this season is ‘sitting by the fire.’ Just go for a ramble around the city alleys and thoroughfares, you will come across umpteen scenes of ‘sitting by the fire’. It is a unique way of beating the freezing cold.

If you happen to come across the college areas, you will get the students huddled together being ensconced around the bonfire, sipping tea and making fun during their leisure. It’s a great pastime for them as well as it adds much fun and merriment. Some city dwellers gather burnt coal in metal-pan and ignite it by sprinkling some kerosene over it.

This practice is rampant in the rural areas. You can see all the members of a family clinging around the fire as soon as dawn breaks during chilly winter. Immediately after having their meal in the evening, all of them again converge around the fire. Basking in the warmth of the fire, they are busy gossiping, sharing different things intimately and planning all affairs discreetly. The grandparents tell folk tales and mothers sing lullabies to their small children. This very phenomenon brings all the members very close to each other and it develops an aura of love, care and high regard. By dint of the interaction and the togetherness among the members, guardians can easily notice changes in their offspring so that they can nip ill-trends right in the bud. Many villagers sit around bonfires and have talks with tea. That naturally enhances the fraternity subsisting among them.

There are some ugly aspects of bonfires as well. Many a street kid, in this metropolitan city, has no other means to get rid of piercing cold because of the acute lack of warm clothes. They gather stray logs, plastic, newspaper and other fire-catching stuff and burn them. Thus huddling together around the fire, they protect themselves from the cold. For them, a bonfire is not a matter of jubilation but of compulsion. It also has hazardous effects on the health due to the obnoxious smoke from the materials being burnt. This practice makes people much lethargic. Besides, dryness of skin and other skin ailments surface because of prolonged exposure to fire.

E-governance in Bharatpur

By HEM SHARMA POKHAREL

Cities are the focus of the world in the 21st century as they accommodate half the global population and have an enormous potential to become engines of economic growth and social development. By the year 2025, two thirds of all humans will live in cities and 90 percent of those will be in cities in developing countries. These are just facts that serve as a background for an intense debate on sustainable development in cities.

Urban sustainability is not just about the environment but also political, social, economic and cultural sustainability. Several contributors to the debate call attention to the political role of cities in promoting sustainability. There is need of democracy, good governance and value- based discussion for sustainable urban development and to create a sense of people ownership of the process.

Concentration has been on the development of rural areas in Nepal, investing a huge amount of money. In other words, local development is considered to be equivalent to rural development only. Considering the 58 municipalities to be urban centres about 18 percent of the people are living in cities in Nepal. Commercial centres and semi-urban centres in the village development committees add more people to those residing in urban areas. Cities have more resources and opportunities in comparison to the rural area in Nepal. It is the right time to start to assist the municipalities and urban centres to develop themselves by mobilising local resources. This assistance should be to explore their own possibilities and adopt appropriate technology according to the demand of time.

Good governance is regarded a most essential attribute of development. Good governance is a set of rules, policies and attributes where the public, private and civil society interact together for the common goal of development. Transparency, accountability, responsiveness, rule of law, interactions with the citizens and strategic visions are the other attributes of governance. Today, people do not like to be ruled by others. They rule themselves by means of transparency, accountability, responsiveness, strategic vision etc.

Nepal initiated governance through decentralisation in the late sixties. After the peoples’ movement in 1990, the Local Self Governance Act (LSGA) was promulgated and enforced in order to assure good governance to the people by local authorities. Though the act hesitates to declare local authorities- villages, cities and districts as local governments, one may presume that local authorities in Nepal, according to the LSGA, are local governments. Good governance has been envisioned through the local authorities. His Majesty’s Government has already promulgated an ICT policy and e-governance is one of its components.

Different concepts have been introduced in order to ensure the capacity of governments to serve the people. Malaysia had envisioned a paperless government within the first quarter of this century. India has also initiated steps to utilise electronic means for good governance at different levels.

Information technology has made the path easier and reduced distances in this world. An effort to exploit modern technology and provide good governance using modern electronic means may lead us to the appropriate destination.

Focusing on the ICT, Bharatpur Municipality has tried to introduce the concept of urban e-governance by utilising available resources.

The municipality is planning to develop its own software to be used in its ward offices and municipality office. All fourteen wards will be equipped with computers and trained manpower. People will get computerized services for taxation, employment exchange, building permits, property valuation and different formalities. Services delivered at the municipality office will be delegated to the ward level in order to deliver the service near the people. The people may ask for information by e-mail. The home page of the municipality will provide different information including a city profile, land use, the local governance act, regulations, important decisions of the municipality, population, land records, tourist information, registration of complaints etc. The municipality will orient its efforts towards e-governance at the first step, promote computers and expand computerized services in the second step and utilize electronic means for governance to full extent in the third step.

Bharatpur probably has a remarkable literacy rate (about 76 percent) among the municipalities. Awareness levels of the people in the fields of health, sanitation, and environment, ICT etc is higher in comparison to other cities. Residents of Bharatpur are living in other cities of Nepal and in different parts of the world. The number of local people working in Arab countries, Europe, Japan, the United Kingdom and United States is higher. There are about 1,300 e-mail Internet users in Bharatpur out of about 17,000 families. 70 percent of Internet users are private users. Recently, some of the ward committees have oriented their skill development training towards computer training. This has complemented the number of Internet users in the communities. Tole Lane Organisations organised by the municipality (Rural Urban Partnership Programme) can be an appropriate means to introduce computer culture at community level. A large number of foreigners visit Bharatpur. Chitawan district occupies third position when it comes to foreign guests in the kingdom. This fact also indicates the probability of higher use of Internet in the city.

The private sector can play an important role in introducing this concept. An orientation programme was initiated at Bharatpur municipality with the assistance of local ISP servers to create awareness among the people. The local Chamber of Commerce and Industry is interested to work together with the municipality to develop Bharatpur as a Cyber City.

The rationale for introducing e-governance in the city is the right to information as guaranteed by the constitution of the Kingdom of Nepal. It is in line with e-governance, in ICT policy and the strategy of HMG. Bharatpur would like to enable the planning, monitoring, and evaluating capacity of the municipality to ensure transparency and accountability in municipal administration. It will also ensure efficient service delivery through electronic means to people at their doorsteps.

Introduction of direct and indirect taxes on citizens by using computerized information will lead to economic sustainability. Transparency and accountability will be achieved through the means mentioned above. Participation of the people will be higher as transparency and efficient service delivery will be realized

Urban e-governance can be defined as good governance through the optimum utilisation of electronic media at the municipality level as mentioned in the ICT policy of Bharatpur municipality. It can be a milestone towards e-governance not only in urban administration but also in rural and central administration in Nepal.

Nepal was left behind by the industrial revolution due to its very traditional agrarian economy. This is the age of Information and Communication Technology (ICT). We will be left far behind if we cannot realise the importance of ICT and apply it to our development activities. Villages, cities and districts can start to introduce electronic culture in local development. The vision of e-governance in Bharatpur municipality may be a catalyst to initiate e-governance in the Kingdom of Nepal.