No strategic reform plan can make the judiciary effective unless it makes reforms from within and wins the public trust
When Cholendra Shumsher JB Rana was confirmed Chief Justice (CJ) of the Supreme Court by the parliamentary Public Hearing Committee on January 1, he had vowed to make timely reforms in the judiciary, making it more accessible to the people and winning their trust, among others. Six months down the road, the Supreme Court has made public the fourth five-year strategic plan of the judiciary that came into effect from yesterday. The theme of the plan is “Independent Judiciary: Judicial Good Governance, Our Commitment”. The main objective of the plan is to improve the performance of the judiciary, which can be achieved only through timely reforms at all levels, from top to bottom. Chief Registrar of the SC Nrip Dhoj Niraula says the plan will focus on quality judicial performance, people’s easy access to justice, justice good governance and management, and winning the people’s trust. Its mission has been laid to provide fair and impartial justice as per the established principles. CJ Rana unveiled the plan amidst a function on Tuesday. He said more than 1,000 stakeholders were consulted before giving it the final touch. Minister for Law, Justice and Parliamentary Affairs Bhanu Bhakta Dhakal also expressed the government’s support for the plan.
The Supreme Court has already implemented its previous three five-year judicial reform plans since 2004. But all of them have been ineffective in bringing reforms in the judiciary. Implementation of the fourth five-year judicial plan is also likely to face tremendous challenges. A backlog of cases in the apex court has remained unsettled for many years for want of timely verdicts. A land dispute case involving former princess Prerana Singh is being tried again in the Constitutional Bench even though the case had already been settled by the Supreme Court, putting an end to any prospects of its further hearing. In this case, jurists have raised questions about the apex court’s motive. The Ncell case is another instance in which different benches of the apex court have passed one contentious verdict after another over who and how much capital gain tax one must pay.
Justice in the country is becoming expensive and unaffordable. Reports have shown that only around 10 per cent of the population has access to justice. In some cases, the apex court has also landed in controversy for issuing inconsistent interim orders, looking as if they were the final verdicts. Actually, it takes many years to finally settle a case, and, by that time, the affected party suffers a lot. On the other hand, people and the media cannot pass healthy criticisms about the court’s wrongdoings for fear of a backlash from the court. Hardly does a judge face dismissal from his or her office on charges of passing a wrong judgment. These are the anomalies plaguing the judiciary. To make the judiciary more competent and independent, the Judicial Council must not appoint a person as a judge on partisan interest, and the parties in power should recommend names for judgeship only on merit basis, not on the basis of their personal choices. There is an impression that justice can be bought in Nepal. No strategic plan will work effectively unless the judiciary itself brings reforms from within. Thus, the Chief Justice must keep his words.
Parents’ well-being
A rural municipality in Dolakha to the east of Kathmandu has feted couples and single women for taking good care of their parents. In the past, the exemplary work that these people were doing would not have drawn much attention as it was very much a part of the societal norm. However, with increasing migration of youngsters for both education and work to foreign lands, senior citizens are having to fend for themselves in old age when they need the support of their sons and daughters the most. This is happening in both urban and rural areas. With the breakdown of age-old traditions and family values, an increasing number of senior citizens are, thus, finding their way in old age homes against their will.
The government has formulated laws, rules and regulations for the welfare of senior citizens, but they alone will not ensure proper upkeep of parents in old age. As in the past, children from an early age must be taught in the family and society to respect and care for the old people, namely one’s parents and grandparents. Schools must teach students that they have a duty towards their parents until their end for having raised them. Children cannot escape from their obligation no matter where they live.
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