HM’s Visit To India
A Milestone In Nepal-India Relations

By Chiranjibi Paudyal

THE state visit of His Majesty King Gyanendra Bir Bikram Shah Dev at the friendly invitation of Indian President K.R. Narayana is expected to be very remarkable to further promote the warm, friendly relations subsisting between the two countries since time immemorial.

Close And Cordial

The relation between Nepal and India is very close and cordial as the two countries have a similar cultural, religious and social tradition drawn up from the rich ancient Hindu civilization. The geographical proximity and inter-related economic background have also brought the two countries closer.

The exchange of visits in the people’s level since the Vedic time has paved the way for them to understand each other very deeply. The influnce of Hindu culture and tradition in the daily life of the people is one of the main reasons for the intimacy between the people of the two countries. In spite of geographical and political demarcation, the people of these two ancient nations of the South Asian region never feel they are in another country due to the heart to heart relations.

The monarchy is the symbol of national unity of Nepal and a stable institution, which has helped the nation to move forward towards political stability and economic prosperity. The founder of Nepal, His late Majesty King Prithvinarayan Shah the Great described the Himalayan Kingdom as the garden of four castes and 36 sub-castes. The monarchy has played an important role to maintain unity among the people of various ethnic and religious communities of different background. The only Hindu King of the world is also revered as the incarnation of god not only in Nepal but also in other parts of the world including in the friendly neighbouring country India, where the majority of the people follow the Hindu religion, one of the oldest religions of the world. This fact also interlocks the feelings of the people of both the countries and makes the friendship further close and intimate. Sharing the same socio-economic and religious background, most of the problems faced by Nepal and India are similar.

Terrorism is one of the major problems of Nepal and India and joint efforts are needed to combat the menace of terrorism. There is consensus to combat the menace of terrorism all over the world after the September 11 terrorist attack in the USA. The main focus of the fight against terrorism is in South Asia as the terrorist mastermind Osama bin Laden and his Al Quaeda terrorist network is operating from South Asia. In this countext, joint efforts are needed to eliminate the terrorist activities from the region. The region has been the symbol of peace since ancient times. Fraternity, tolerance and non-violence have been the stable principles adopted by the people of the region for centuries. Lord Gautam Buddha was born in Lumbini of Nepal and Mahatma Gandhi, symbol of peace and non-violence was born in India. This peaceful land on non-violence should not be under the rein of terror and violence in any form. Due to geographical proximity, similar religious and cultural background and open border, such problems cannot be resolved in isolation. For that, there is the need of strong political will, joint action plan and co-ordinated efforts to wipe out the terrorism from the region and make the region a peaceful place with religious tolerance in accordance with the long tradition of the ancient Hindu civilization.

The relations of the two countries are of special nature. This reality should be understood in a positive way and work in accordance with this reality. There are no any major differences between the two countries and for some minor differences to erupt is quite natural between the two close neighbours.

The situation of the world has changed a lot since the last few years. It has been further moved forward after the September 11 terrorist attack. This has reminded that all rich and poor, developing and developed and big and small countries should unitedly work for the welfare of the people.

While describing the relations between Nepal and India, we must remember the geographical situation of the two countries, but our relations go beyond that geographical proximity. The close ties between the people of the two countries are so deep that it cannot be described in words. The governments of Nepal and India should understand the real feelings of the people of their countries and adopt policies to further deepen the friendship.

The monarchy has played a very significant role in the promotion of the friendship between our two countries. Hundreds of thousands of the people of India expressed their sorrow and grief and mourned the sudden demise of our beloved late King Birendra and other Royal Family members. This also shows the closeness of the two countries. The Hindu King is revered in India like in Nepal also shows that the friendship of the two countries goes beyond the geographical reality. Though our King is very familiar with Indian leaders and people, this is the first visit of our King, and this visit will certainly help further promote the friendship between the two countries in the coming days.

First Visit

This is the first visit of our King to any country since he ascended the throne of Nepal on June 4 last year after the untimely demise of our beloved King Birendra, who was a very close friend of Indian leaders. The deep friendship subsisting between the two countries since the ancient time will further deepen and move forward in accordance with the changed context of the world and help to maintain political stability and economic prosperity in Nepal. The first state visits of Their Majesties the King and Queen also symbolizes the importance given by Nepal to India and vice-versa. This good gesture shown by India to our Monarch will further prosper and help expand and move forward the friendship to the height of mutual interests and understanding in the future. The words of His Majesty the King very clearly reflect the relations between Nepal and India. His Majesty the King in an interview granted to a newspaper said, "Relations between Nepal and India are nurtured and enriched by noble ideals, values and principles inherent in a shared cultural heritage. They provide a secure foundation for friendship, mutual goodwill and understanding between our peoples. As I see it our two countries are enjoying their traditional bonds as good neighbours."

Nepal’s Law On Girl Child’s Rights

By Anantaraj Luintel

EIGHTEEN, year old Agwani Darego of Nigeria declared that she would spend U.S. $ 250,000 from her award for the benefit of disadvantaged children of the world after she was proclaimed Miss World. This declaration by the Miss World, although she had just passed the stage of childhood, portrays the bitter truth of the situation of children around the world. In the context of Nepal, the international treaties that the state has ratified, the laws and the conventions that it has passed and the protocol guarantees the legal status and the rights of children. Except for a few special categories, the laws on girl child rights are very specific and clear. However, the rights granted to them are not being implemented effectively.

Guarantee

Nepal Children Act 2048 and various other acts have had provisions for various rights to children. These acts guarantee the right to birth and the right to live as citizens of the country. Besides, the acts also guarantee their rights to education, health, treatment as well as the right of opportunity of hearing if accused in some way and the right to keep a lawyer for the hearing. The acts also guarantee the right to children of freedom if imprisoned without a clear offence. Each child is granted the right to live as an independent citizen. However, the government and the non-government sectors have been publishing reports from time to time on children who are imprisoned because of the crimes committed parents. These children have lost their rights to education, health, etc. The Children Act has made provisions to keep such children in juvenile homes and provide opportunity for education. Nepal’s law states that children under 16 years old should not be imprisoned and they should be provided an opportunity of hearing through the formation of a juvenile court.

Since Nepal is also a party to the Convention of Child Rights 1989 which it ratified on 14th October, 1990, the government should take steps towards controlling the activities that the Convention prohibits. The above Convention guarantees children the right of freedom of speech, the right to form organisations and the right of appropriate hearings in case of accusation. The Convention has provisions to respect children without any discriminations as an independent citizen. It also dictates that children should not be given death sentence or lifelong imprisonment; if any of their rights are discriminated, they should be provided an independent and competent court hearing. It has also made provisions for a separate juvenile court. At present, all the 75 districts of Nepal have established provisions of juvenile court.

Although, the 2047 Constitution of Nepal has made provisions of developing special acts for the development of women, children and the disabled, such acts have not been made till date. The government had the responsibility of establishing special provisions for the backward children. Clause 11 of the Constitution has guaranteed equal rights to all as well as special provisions for the benefit of women, children and the disabled. The government has not been able to utilise this provision for the benefit of women, children and the disabled.

Although education has been taken as a constitutional and basic right, it has not been implemented effectively. The government has not taken any positive initiatives in this direction. In order to fulfill the clauses in the Constitution, it is necessary to implement compulsory education to girls and not only free education till the secondary level. There are a few democratic countries which have still not taken education as a basic right whereas Nepal’s Constitution has already guaranteed it as a basic right. However, the level of education has still not increased. India has not taken education as basic right but it is has accepted as a right to survival since 1993 when the High Court made the decision. This decision was taken as a historical one in India. The court also dictated to the government that the government should provide free education till the age of 14. Clause 18 of the present Constitution of Nepal guarantees equal rights to education but the government has not been able to provide education to all due to various reasons.

Poor Situation

Clause 22 of the Nepal’s Constitution dictates that a Nepali citizen cannot be discriminated in any form and that a minor should not be employed in hazardous work conditions such as factory, mine, industry, etc. Clause 38 of the Convention on Children prohibits the use of children in armed struggle but the Maoists terrorists have been using children massively since the last six years. Many children have lost their lives in this struggle which denotes that children are not in a situation to exercise the rights that the constitution has guaranteed.

Sancharika Lekhmala/Sancharika Samuha Nepal