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Kathmandu School Of Law (KSL) | ||||||||||||||||||||||||||||
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Director's Note at the Occasion of Constituent Assembly Election Country is heading towards 'Mahayagya'- a grand mission to forge out the future guaranteeing co-existence of all with a pioneer model of inclusive democracy. The historic CA election is approaching near. It is the time for all to contribute at best to make this election a prolific success setting model for the world. As a socially responsible academic institution, constituent assembly has always been focus of attention of KSL. Our initiatives, in the past, focused on research study, and awareness raising campaign to political representatives, and endangered and marginalized sects of populace. Demonstration on Electoral Process, interaction with stakeholders, publication of research oriented CA books, and advocacy campaign on CA election at the grassroots level including advocacy of rights of endangered minorities like Santhal, Meche, Dhimal, Musahar are few of the major initiatives undertaken by KSL in this regard. At this close hour, a large number of students and faculties have been engaged in observation mission. We are closely working with National Election Monitoring Alliance (NEMA) in mission of observing and monitoring free and fair election. We wish for the free and fair constituent assembly election and believe that a new threshold begins in democracy of Nepal. Yubaraj Sangroula Ph.D. Executive Director, KSL Co Convener, National Election Monitoring Alliance (NEMA)
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National Seminar on Role of the Judiciary in promotion of Rights of the Endangered and Highly Marginalized Communities | ||||||||||||||||||||||||||||
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Kathmandu School of Law, in managerial coordination of KSL Law Students Society, organised a two-day national seminar on "Role of the Judiciary in Promotion of Rights of the Endangered and Highly Marginalized Communities from 28 April, 2008. The seminar discussed on the pro-active role of the Supreme Court in protection and promotion of their rights. The seminar served as a platform for stakeholders to review the practice and trends of functioning of the judicial system in connection with the rights relating to land ownership, employment opportunity, acquisition of citizenship and access of these communities to justice system. Altogether seventy participants including judges, registrars, bench officers and judicial officers from District Court, Appellate Court and Supreme Court had participated in the seminar. Hon'ble Kedar Prasad Giri, Chief Justice of the Supreme Court of Nepal formally inaugurated the seminar chaired by Prof. Madhav Pd. Acharya. Prof. Amber Prasad Pant, Dean, Law Faculty, Tribhuvan University; Mr. Lok Bahadur Thapa Magar, Member Secretary, National Foundation for Development of Indigenous Nationalities; Mr. Nick Langton, Country Representative, The Asia Foundation; Mr. Biswokanta Mainali, President, Nepal Bar Association; Dr. Yubaraj Sangroula; and Mr. Kumar Sharma Acharya, President, CeLRRd were the guest speakers of the programme. While inaugurating the programme Honorable Chief Justice Mr. Kedar Prasad Giri highlighted on the active role of Supreme Court in protecting and promoting the rights of the citizens at its best level. However, he expressed the hope that the research and activities conducted by KSL will guide all the policy makers for ameliorating the condition of the target groups. "Although the Constitution of the Kingdom of Nepal, 1990 proved to be satisfactory in comparison to earlier constitution in case of enshrining rights of citizen, the plans and policies of the state failed to ensure the right to education, security, social justice, etc. In this scenario Supreme Court time and again played important role giving the verdict in support of the social justice. The Court has also provided necessary orders to the government, and even directed the government to make rules and regulations for the period when the laws were not formulated," the CJ added. He also pointed that the Supreme Court has taken the approach of positive discrimination in order to give priority to the issues of marginalized community. "Interim constitution, 2007 has ensured the issues of social rights of women, dalits, marginalized and disenfranchised community, madhesis, kamaiyas as fundamental rights. In this situation, I believe that this program will be a good step to guide the policy maker in formulating the future plans and policies of the country," he added. <Top> Assoc. Prof. Dr Yubaraj Sangroula highlighted on the objectives and activities of the programme and research study report entitled Analysis of Legal Provisions for the Empowerment of the Marginalized and Endangered Community and Proposals for Amendment. The study report has been developed after intensive field research and direct structured consultations with the endangered and highly marginalized communities scattered across the country. The report has included analysis of laws and amendment proposals relating to land holdings; employment in police, military and civil service; access to justice; and citizenship focusing on endangered and highly marginalized community and role of Constituent Assembly. Prof. Sangroula briefly presented the school's drive towards the recognition and promotion of the rights of the endangered and marginalized communities. He also focused on the requirement of the legal education to make it community responsible and practical. He said that the students of KSL have been mobilized in different research projects and are provided with the opportunity of learning the practical lives of the disenfranchised and marginalized people. He also highlighted on the importance and priority of judiciary to work for the promotion and upliftment of these groups. "Until and unless the Supreme Court interprets the laws in favor of fulfilling the needs and interest of the minority and vulnerable groups, to what extent the laws are said good, they won't not help to improve the situation of human rights in the country and the question to the existence of democracy always prevails," he said. Dean of Tribhuvan University Law Faculty Prof. Dr. Amber Prasad Pant expressed his hope to work jointly with KSL 'believing in collaboration, not in difference'. He marked that legal education should not only be confined within lecturer and advocates but its role needs to be diversified. He also mentioned that it is not only the responsibility of the state but also an international obligation on the state to promote and protect the rights of its nationalities. He shared that there is tremendous potentiality of students' mobilization for promotion of rights of excluded groups. <Top> Mr. Nick Langton, country representative of The Asia Foundation, highlighted the collaborative effort of The Asia Foundation, CeLRRd and KSL in different research works for the last 17 years. He marked that the situation of the marginalized and indigenous nationalities is like a glass half empty and half full, but being the social volunteer, every positive intervention should be taken positively and it must be seen as a half glass full. He also shared that the role of Supreme Court in protecting and promoting the rights of minority and disadvantaged population is very essential and vital. Delivering his remarks, member secretary of National Foundation for Development of Indigenous Nationalities Mr. Lok Bahadur Thapa Magar said that facts and figures mentioned in different books are simply mechanical and differ from the reality in many ways. He also urged all to leave all the feudalistic thoughts behind and accept the concept of co-existence to build a new Nepal in actual sense. He appreciated the ways KSL is engaged in promotion of endangered minorities. | ||||||||||||||||||||||||||||
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Guests and Participants of the Inauguration Session | ||||||||||||||||||||||||||||
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President of Nepal Bar Association senior advocate Bishwokant Mainali cautioned all the participants to be clear if the needs and necessities of the endangered and highly marginalized population are wrongly interpreted while president of CeLRRd Mr. Kumar Sharma Acharya thanked KSL for its initiatives in working for the indigenous nationalities and even mentioned that CeLRRd has been working hand in hand in various research works with KSL. Prof. Madhav Pd. Acharya said that the mistakes in the policy making process in the past has created the problems of today. Hence, all stakeholders should internalize this reality and utilize the resources accordingly to guide the nation into a new direction with the vision of sustainable development. He concluded the programme by extending vote of thanks to all the participants, guests and the organizer. <Top> Earlier, the programme commenced with welcome speech by Mr. Sudip Pokharel, president of KSL Law Students Society. Asst. Prof. Anjan Kumar Dahal and IT Coordinator Mr. Maheswor Phuyal provided a brief highlights on the legal and technical aspects of software CD developed by KSL with the collection of 422 cases on issues relating to the women, marginalized and disadvantaged population. "The CD will be helpful in evaluating the role of the Supreme Court and its concern towards the rights of the minorities and indigenous nationalities," Mr. Dahal said. In the inaugural session, students of KSL Ms. Puspa Pokharel and Mr. Subash Lamichhane, who were among the 30 trained volunteers to facilitate the public awareness and advocacy meetings in 15 districts, shared up their experiences with participants. On the following day Assoc. Prof. Prakash K.C. presented a paper entitled Analysis of Laws and Amendment Proposals relating to Land Holdings and Judicial Response. Similarly, Assoc. Prof. Geeta Pathak made her presentation on 'Basis to ensure the Right to Identity of the endangered and marginalized communities in connection to Citizenship Issue' which also revealed the suffering of the people who where denied access to acquire citizenship certificate. Assoc. Prof. Dr. Yubaraj Sangroula made his presentation on the topic 'Role of Judiciary in guaranteeing the Access to Justice and participation of the endangered and highly marginalized people in the Judicial Mechanism' in which he mentioned the inter relationship of jurisprudence and anthropology. The paper highlighted on many appalling issues concerning access to justice of those communities and the reasons for non-confidence of the poor and deprived people over the justice system. <Top> Hon'ble Judge Keshari Raj Pandit and registrar of the Supreme Court Dr. Ramkrishna Timilsina were the special commentators of the session. In addition, there were three commentators from among the participants for each paper. The programme was ended with a brief closing ceremony presided over by Prof. Madhav Prasad Acharya. Talking on behalf of the participants about the achievement of the programme, joint secretary of the Supreme Court Mr. Nahakul Subedi said that the program has sensitized all the participants on the issues of the indigenous and marginalized nationalities and the pro-active intervention the court can make in this regard in future. In his view, this was an unique opportunity to understand the problem of excluded people. Registrar Dr. Ramkrishna Timilsina highlighted on the three important issues that judiciary should provide i.e. 'Justice for All, Trusted by All, and Access to All'. Concluding his remark, he mentioned that the justice distribution pattern in Nepal is not scientific and, hence, it must be changed in order to provide access to all those indigenous and marginalized nationalities. Hon'ble Judge Keshari Raj Pandit expressed his gratitude to the organizing committee for providing the platform for learning two basic aspects from the program; firstly, marginalized communities are always demarcated and, secondly, their socio-economic aspects needs to be prioritized. Highlighting on the equal human dignity and right to life, Assoc. Prof. Geeta Pathak Sangroula appreciated the meaningful participation of the participants and also expressed her hope for the immediate measures to be taken by the judiciary in the protection and promotion of the rights of the endangered and highly marginalized communities from the rights based approach. Prof. Madhav Prasad Acharya said that as far as there is lack of positive mentality and attitude of the stakeholders, the rights guaranteed in the constitution also merely remain in the book, but doesn't lie in practice. So our traditional mentality needs to be changed if these endangered and highly marginalized nationalities are to be equipped with their rights and access to justice. | ||||||||||||||||||||||||||||
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Students return after conducting Public Awareness and Advocacy Program | ||||||||||||||||||||||||||||
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Student volunteers of Kathmandu School of Law completed the public awareness and advocacy meetings in fifteen districts of Nepal to disseminate the study report on legal and constitutional reforms in regard to land holdings; employment in police, military and civil service; access to justice; and citizenship issue of endangered and highly marginalized community. They had been to the marginalized communities in different VDCs of Jhapa, Dolakaha, Ramechhap, Dhading, Makwanpur, Gorkha, Banke, Chitwan, Morang, Palpa, Nawalparasi, Nuwakot, Sindhupalchok, Sunsari and Udayapur. Altogether 30 students, two in each district, had volunteered for nearly a month in more than 30 marginalized communities to facilitate fifteen public awareness and advocacy meetings in each district. The main objectives of the programme were to make the communities aware of the Constituent Assembly and mainly to make those communities able to bargain for their essential rights with the political parties taking part in the upcoming CA election. In fact, this was the best exposure and opportunity for the students to understand the exact situation of these communities in the society. The marginalized communities, when talked of, were found to be deprived of various important essentialities as well as in the verge of extinction. The main problems observed by the students in those communities were related with education, access to justice, access to occupation and the invasion in culture and religion. The inability to pay high fees in school, the compulsion to leave school in order to work to earn money for life, the language barrier leading to inability to understand the classes were seen as the main hindrances in education. Lacks of easy access to opportunities in the civil, military and police service are seen as the major problems in terms of occupation. Similarly, court fee in order to file a suit, inability to pay money for the bailment in the custody, money asked at every stage to file a case in court, frustration towards courts and police due to delay in delivering justice etc, were seen as the obstacles for smooth access to justice. The invasion in culture and religion has lead to loss of their distinct identity leading to extinction of some communities. | ||||||||||||||||||||||||||||
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| Discussion Programme: The Copyright Entitlement of Students | ||||||||||||||||||||||||||||
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In light of the Higher Secondary Education Council (HSEC)'s decision to publish a book for students of Higher Secondary level compiling the answer sheets of the students who scored highest in the exam and the issues put forth in KSL online discussion forum, the discussion programme was conducted at KSL on the topic Copyright Entitlement of the Students. Law Students Society held the programme on 5th March 2008 in Chairpersonship of Prof. Madhav Prasad Acharya. Mr. Janmajaya Regmi, Registrar of Copyright Office graced as the Chief Guest. Similarly, Mr. Randip, Basnet Section Officer District Education Office, Bhaktapur and Mr. Chandra Thapa, School Inspector DEO, Bhaktapur were invited as guests at the programme. Asst. Prof. Raj Kumar Suwal facilitated the session. The programme discussed the issues from the perspective of intellectual property rights. The discussion focused that intellectual property is used to create a new idea, which should be remunerated or honored. Name must be published that helps to increase the prestige of student. Concepts of copyright and ownership of students in answer sheets were highlighted at the programme. The guests assured to think upon the issue and raise the same to the concern authority | ||||||||||||||||||||||||||||
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| Marking the Establishment Day of Law Students Society | ||||||||||||||||||||||||||||
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KSL Law Students' Society marked one year of its establishment on 17th March 2008. Objectives and activities conducted by the Society during the year were highlighted at the occasion. Society's initiation in implementing several activities such as publication of Law Review Journal, organization of 16 Days Violence Against Women campaign, establishment of Human Rights Cell, advocacy on Constituent Assembly Election to name the few was highly acknowledged by the faculty and administration of the School. In order to honor students' role in academic as well as extra curricular activities, the Society in coordination with School's administration awarded those students who excelled in different activities and affairs. Mr. Bhawesh Gautam, LL.B 5th Year- Academic Excellence Award Mr. Apurba Khatiwada, LL.B 4th Year - Outstanding Performance Award Mr. Barun Ghimire and Ms. Antara Singh, LL.B. 3rd Year- Award for the Performance of the Year Mr. Prabin Subedi, LL.B. 2nd Year - Student of the Year Award Mr. Sunil Hakaju, LL.B. 1st Year - New Comer Award Mr. Ashik Ram Karki, LL.M. 2nd Year - Best Student Award Mr. Lukas Emil Felix Heckendron Lu, LL.M. 2nd Year - Outstanding Performance Award Students and faculty of the school participated in the programme. | ||||||||||||||||||||||||||||
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Online Discussion |
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Asst. Prof. Raj Kumar Suwal, KSL Recently a news was published ('Uchcha Madhyamic Shikshya Parisad le Prashna Patra Pustak Prakashan Garne', Samaya Samaj Weekly, 4 February 2008) with the information that the Higher Secondary Education Council (HSEC), Government of Nepal is going to publish a book for students of Higher Secondary level compiling the answer sheets of the students who scored highest in the exam. According to the news, HSEC will publish the answers written by the students in their respective subjects for particular questions in that book. Mr. Ram Sagar Yadav, Vice-Controller of Examination, HSEC said that in course of publication of the book, HSEC will select the answer sheets belonging to topmost students who scored higher marks in the respective subjects. Those answer sheets will be put forward to the Subject Committee which will finalize the paper after making consultation with specialists of the respective field. However, the Subject Committee has no provision of involving students whose answer sheets are going to be published. The Committee has not deemed it necessary to take consent of the students to publish their answer sheets. It means that there will be no reference about wherefrom that answer sheet has been taken and who is the writer? The book will contain the answers without the name of student who has answered the question. Neither HSEC has regarded the issue of the copy right while publishing the answer sheet nor has it thought of providing remuneration to those students. The copyright will, obviously vested to the HSEC on the published book. <Top> Answer sheet of students is considered to be the original literary work under the copyright law. The law provides economic as well as moral rights to those students whose answer sheets are going to be published including right to be named as author. Copy right law protects an original work of the creator for his/ her whole life and even after fifty years of creator's death. The copyright in original literary work will last after fifty years from the first day of following year of the year of author’s expire. Therefore, issues to be raised are: 1. Whether the students have copyright on there answer sheet or not? 2. Whether the HSEC can do such things that contravene the copyright of the students? 3. Whether students should get reasonable remuneration from publication of their answer sheet by the HSEC? 4. What will be the impact of such activities in the field of education, culture, and copyright as well as to those students whose work is going to publish by HSEC? 5. Is it public issue or personal one? | ||||||||||||||||||||||||||||
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Kathmandu School of
Law / Telephone
: 977-01-634455/6634663,
2042268 | ||||||||||||||||||||||||||||
