Arresting the Lawlessness Syndrome in Nepal
After the April revolution mood of general public seems to be upbeat. People have begun to see a silver lining in the
otherwise murky cloud. With the eight point agreement between the government and the Maoist insurgents, bloody
insurgency that took lives of approximately fourteen thousand people seems to be coming to an end, hopefully a logical
one. However, with a new gained freedom and hope for peace there seem to be an unprecedented upsurge in crimes and
increased sense of lawlessness among the citizens. Kidnappings and extortions by the Maoist guerrillas continue
unabated. Thousands of homes of internally displaced citizens that were padlocked across the country by the Maoists have
not been unlocked and government seems to be silent on this issue. Maoists as usual have not been sticking to the
agreements whole heartedly. However, this is not the first time they have breached an agreement. If one can get away
with crimes, why bother about its judicial ramifications? It makes perfect sense. The current government appears
helpless, feeble, and in disarray. With Maoists’ chairman blowing hot and cold on politicians, Nepali Army, and king
concurrently Nepali political landscape is dangerously tilting in Maoists’ favor.
In addition to the Maoist atrocities, incidents of homicides and assaults seem to be on rise. Recently, the principal of
a reputed medical college was shot at in Kathmandu valley. Son of a former district committee chairman from a remote
hilly district was found dead in the heart of the capital. Doctors have been manhandled and nursing homes have been
vandalized. Bank robbery has been attempted in a broad day light in the heart of the capital. More recently, Bishwa
Hindu Parishad’s (Hindu organization) chairman along with his two sons got beaten black and blue and there vehicle burnt
in a broad day light. If someone commits a crime, it is up to the prosecution to prove beyond a reasonable doubt that
the person is guilty. He/She should be tried by a court not by an unruly mob, and allowed an opportunity to prove their
innocence. Irrespective of political beliefs and inclinations, citizens should be allowed to have their day in the
court. That is what democracy is all about.
Every society that witnesses political upheaval confronts lawlessness for a while, but if not controlled, it can spread
as a wild fire and destabilize democratic foundations in long run. The lawlessness syndrome should be controlled
effectively, because if allowed to persist, it can destroy peoples’ right to life, liberty, and pursuit of happiness. If
lawlessness is ignored, the only thing we can hope for is social unrest, untold bloodshed, and the end of our dreams.
Lawlessness negatively affects an over all development of a nation. If not controlled, it raises costs, discourages
risk-taking by business community, and overwhelmingly depresses the velocity of economic transactions which in turn
negatively affects economic well being of a nation.
The rule of law is absolute necessity because it ensures life and personal security. It helps provide a stable framework
of rights and obligations that can successfully help reduce political risk to investors and cut down transaction costs.
It is important to protect property rights and enforce contractual obligations that are prerequisite to foster the
development of markets, human and social capital, which in turn enhances economic efficiency. One of the core functions
of a sovereign government in a democracy is to protect its citizens from crime and provide a sense of security. The
vicious cycle of poverty and crime needs to be broken in order to ensure economic opportunities and public security for
all. The rule of laws is not only important to protect rich and powerful, but it is tremendously important to protect
poor and vulnerable that are at the bottom of the pyramid and are the biggest victim of the lawlessness. The rule of law
plays significant role in ameliorating poverty. In long run, the impact of lawlessness is greatest on the poor and
vulnerable, those with no employment, access to food, insurance and little if any access to healthcare services. So, the
burden is more on those that are least able to absorb the costs of victimization stemming from the lawlessness. The most
significant impact of violent crime stemmed from lawlessness is the loss associated with the victim being unable to
work. In a country where unemployment rate is off the roof and families have to rely on the income of only a few, the
costs and consequences of violent crime resulting from lawlessness can be particularly harsh and humiliating.
If lawlessness continues unchecked, organized criminal groups with close relation to corrupt officials and politicians
will start mushrooming. Organized crime because of its close relation with corrupt officials and politicians is
extremely hard to control. A country if infested by the twin problems or crime and underdevelopment, will have little
prospect of developing into a stable and prosperous democracy. A country like Nepal that is underdeveloped with weak
institutions is an idle breeding ground for an organized crime and corruption. It is in a situation like Nepal where
crime and corruption thrives best. Nepal is already confronted with high level of poverty and backwardness. Thus, it
cannot afford to get locked in a double bind of lawlessness and poverty. There are no easy ways out of this vicious
circle. It is the right time to establish the rule of law. Political leaders should not commit the same mistakes that
they committed in early 1990s. This time, they should do it, and do it right. A well functioning legal system is in
everyone’s best interest. It provides an arena in which citizens can hold politicians and civil servants to account. In
addition, it helps citizens protect themselves from exploitation by rich and powerful, and help resolve conflicts that
are individual or collective in an amicable manner. A rule of law is central to the realization of constitutionally
guaranteed rights and important to achieve the broader goals of development and poverty reduction.
Democratization of a society is important because it promotes domestic peace and stability. However, if lawlessness is
ignored and the political process not stopped from criminalization, true democratic practices may never see the dawn.
The traditional forms of political actions such as protests, processions and demonstrations as seen in the matured
democracies will largely become ineffective.
Nepal is confronted with significant challenges and seemingly intractable problems. Corruption and weak adherence to the
rule of law are the biggest problems. Political will to address governance is central to the Nepal’s future.
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The author is a doctoral candidate of Environmental Science and Public Policy at George Mason University, Virginia and
can be reached at hbdulal @ gmu.edu