Kathmandu School Of Law (KSL)
Research on Situation of Organized Crime in Kathmandu City after April Movement
Research conducted on situation of organized crimes in Kathmandu valley after April 06 movement (Jana Andolan 062/63) explored that the cumulative effect of depravation, injustice, corruption, lack of political will, and exclusion of certain ethnic groups from democracy was fueling a fire to the rise of the organized crime. The research was conducted in households, shops taking interviews with the locals of Koteshor, Baneshor Tinkune, and surrounding areas as well as ten police stations in the Capital namely Sworakhutte, Gaushala, Kalimati, Kamalpokhari, Durbamarga, Bouddha, Maharajgunj, Anamnagar.
Study found that there were total 490 cases reported in various police stations within three months after the movement. Out of which 39 % were of Robberies, 11% of Extortion, 16% of Snatching, 30% of Killing and remaining 1% of other criminal activities. The data shows an alarming level of reported criminal activities in the recent months. But the level could be more alarming taking into account the unreported cases.
Total Crime Situation (In Number)
Total Monetary Values Involved in Crimes
Causes and Factors for Increased Phenomena for Crimes: Qualitative Analysis
The research concludes that robbery is the most significant form of organized crime. The reasons behind the aggravating incidents of robbery are:
-Political instability and deterioration of law enforcement system
- The transitional phase of the political scenario of Nepal
- Police is allegedly involved in vandalism and robberies as by the people. Example:-
1. As per information from the Sworakhutte Police Station dated 30th shrawan at 12:30pm, a police sub inspector named Chhabilal Gharti Magar along with four other people deliberately injured a taxi driver.
2. As per information from the Durbar Marg Police Station, a police official was involved in the robbery in Maharajgunj.
- The misconception of people that there is no Law and Order in Democracy.
-The crumbling down of the security system after Jana Andolan .
- Lack of adequate police stations.
- Drug addiction due to faulty socialization.
- One of the main causes for increasing gangsterism and vandalism is the present ‘fragile transitional phase’, ‘unaccountability of the police’ and ‘political interference’.
- Impunity for the criminal gangs is another cause.
Trends of Snatching:-
According to the people snatching is sharply increasing –
1. snatching of ornaments by thieves on bikes.
2. snatching of cash from the people when they come out from the bank.
3. snatching of possessions while walking on the road, while getting on or off the buses.
4. pick pocketing in buses and busy areas.
5. looting by gangsterism.
Trends of Extortion:-
- People in the name of Maoists are compelling the common people to give money.
- Compulsory raffle tickets.
- Collection of money by gangs in the neighborhood.
- Weekly ransom collection in the name of Dashain expenses.
General Trends of criminal phenomena:-
- Social harmony is being threatened which is destructing the social relationships and spreading mistrust.
- Tourism is being badly affected by the on going criminal phenomena.
- Increasing lack of confidence on the government administration.
Business and daily activities are being affected which in turn have caused instability in the life of people
The study shows that organized crime is pervasive and is in increasing rate. The law and order is getting deteriorated, and the government’s performance is recorded poor.
The question is obvious- why these instances are taking place more often than in the past. Some blame it to poverty and unemployment; some say it is the flooding social problems that have burst its banks to engulf the society which is based on injustice and rampant corruption. The political elite however make the new and improved so called loktantra and the "transition phase" the scapegoats.
The research, however, showed far deeper causes of the problem. The problems are deep seated to the foundations of Nepalese society. The cumulative effect of depravation, injustice, corruption, lack of political will and exclusion was fuelling a fire that was smothering beneath the surface of inter social relations. The current loktantra has given fire the energy to erupt the results: increase in crime and protest in almost everything.
Additionally, the amount looted will obviously not be invested in resource development or in any benevolent purposes. Other country experiences show that criminal community invests the looted amount in drugs, arms and weapons and commercial sex trade. The danger of use of such amount in distracting constituent assembly elections by the reactionary force also looms large in our context. It is therefore important to notice that reactionary elements are active in such activities and continuously breaking law and order. Political parties and government should drive their attention in this aspect of the organized crime that may bring unexpected results in the constituent assembly elections ahead, the research report adds.
|Research Book on Constituent Assembly|
Kathmandu School of Law has launched out a research book in market on Constituent Assembly. The book authored by Associate Prof. Yubaraj Sangroula extensively explore out various dimensions, modality, and approaches of Constituent Assembly. The book features with simplified writing along with the graphical illustrations and diagrammatic sketches and is easily understandable by ordinary readers.
The book particularly deals with the following:
- Modern concepts of Constitutionalism
- Process and Modality of Constituent Assembly
- Myths on Process of Constituent Assembly
- Constituent Assembly and Mentality of the Political Leaders
- Interim Constitution and Some Questions
- Interim Statue: Structure, Principles and Legality
- Power of House of Representatives and People's Support
The book is available at Kathmandu School of Law.
|Students Visit to India|
|Reservation for Women: Good or Bad?|
Women constitute the majority of the world’s population and as equally important to run the Nation. However, there is no doubt that they are discriminated by superstitious patriarchal society and also the discriminatory laws. The discrimination and inequality towards them is a manifestation of historically unequal power relations between men & women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women. It is unfortunate that even in the 21st century and despite the constitutional provision that men and women are considered equal by the laws; women are considered as domestic workers and mere reproductive tools.
The human rights of women are an inalienable and indivisible part of universal human rights which has rightly been observed by World Conference on Human Rights. The full and equal participation of women in political, civil and economic, social and cultural life at the national, regional & international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community. However, women are divested of their basic right by society and the economy, and many times, regrettably, by their own mentality, they fall victim to all forms of violence. Thus securing and ensuring the rights and interests of women is the need of the day.
In this regard, the passage of the women’s rights declaration of 30 May 06 by the HoR is definitely a welcoming step and landmark development in context of Nepal. If Human Rights are to be universally respected and protected, then they must apply to the lives of over half the human race-women.
Basically four Major Declarations have been made by the House of Representatives:
Regarding the issue of reservation, definitely it is needed in our context till the time women become equally competent to compete with the male members of the Society. John Rawl in his ‘Theory of Justice’ has rightly emphasized firstly on the protection of the individual liberties, and secondly to give priority to the deprived group till they become competent enough to compete. The idea of equal access to opportunity to all comes only after acquiring the above. Thus in our context, sad to say women being more vulnerable, discriminated and deprived of having access on the nation’s utilities reservation is needed up to a certain height for their upliftment. Because of the deeply entrenched patriarchy, society still is not in the position to accept women as equal partner. Hence, women should get the same sorts of opportunity and access in all spheres of Nation’s Utilities. Substantive equality is the need of the day not the formal model of equality as provided by our Constitution.
Also, reservation won’t work effectively until it is further reserved for different classes of women such as Dalits, Vulnerable, and Disabled etc. To meet the goal of this reservation to the fullest extent upto the grass-root level, it needs to be separated in quantity to all class of women and the beginning should be made from the ground level. Otherwise it would be a luxury to the urban women who are well educated and are on easy access to resources.
To uplift the status of women, discriminatory laws on women needs to be wiped out. There are till to date 28 gender discriminatory provisions in the Civil Code (11th amendment). Similarly 20 existing Acts have 53 discriminatory provisions while 35 existing Rules have 85 discriminatory provisions. Thus, these need to be made non-discriminatory. Finally, it is important to reassess the stereotype that women are necessarily “vulnerable” and “victims”. Their roles and potentiality must be recognized. They can be politicians, community leaders, partners in assistance operations in their communities, and activists for reconstruction, reconciliation and peace.
Author is LL.M Student of Kathmandu School of Law
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