Research works of Nepalese Students
Posted 15 July 2006 - 07:34 AM
plz, if you have one, submit here....
Time to outreach Rural Microfinance Services on Social Excluded Communities
Global learning shows that nearly 20 percent extremely poor families are usually left out the general program coverage. The issue of exclusion in development field of Nepal has multi-dimensional forms and intensities. Exclusion has long-term consequences on community development and helps to perpetuate further marginalization and deprivation. This is shaped in the form of historically constructed hierarchical relations defined by caste, class and gender as well as affected in the current form by the resource and institutional attributes. The intensity of inclusion from existing power relationships and development policies and practices is different in different socio-political contexts. However, Social as well as economic exclusion is described as the process by which individuals and groups are wholly or partially closed out from participation in constricted access to consequence of low income, social benefits and services. And empowerment these communities means providing the things such as economic opportunities, assets, resources, capabilities, voice, knowledge, information etc. By this finding, also we can define social inclusion as the destination where excluded groups can have overall development process. Microfinance is the provision of a broad range of financial services such as saving (deposits), loans, payment services, money transfer and insurances to poor and low households and micro-enterprises. The real power of microfinance has in its ability to empower the individual. So, it should be extend in term of the serving and empowering to the excluded communities. Those families should be encouraged to join the micro-finance institution for the enterprise incentive and promote their livelihood by inclusion of financial services. Families that have not joined financial service should be given priority from the beginning among the deprived communities. Initial subsidy should therefore be a particular inclusion strategy to reach out to them including facilitate and arrangement with micro-finance institution.
The paer can be obtained from Mr. J. Kharel at email@example.com or will be uploaded soon in WNSO with his permission.
Posted 15 July 2006 - 04:53 PM
Nepalese in science! I will love to read all those articles.
Posted 13 January 2007 - 07:07 AM
You can Visit my blog from Here:http://talkingforum.blogspot.com/
SUPREME COURT's POWER IN NEPAL
There was one Article published in this blog, http://www.blog.com.np/ . You can get that Article in this link: http://www.blog.com....ntion/#comments
At that time, I sincerely put some comments in that Article as the questions raised there were quite relevant at this stage but answers given to those questions were not even satisfactory. I appreciated the questions raised by the Authors but dissented in many of his answers. May be the author could not appreciate my views, his subsequent views on the subject matters made little sense to me. I stooped commenting on that Article. There I had offered so many and very long comments and Now, I thought making one Article out of so long comments because the questions raised there are still relevant today. Because of my long travels here and there, I am not able to update the news on the very recent development on the subjects, if any, but without any prejudice to the matters in the court, I beg to offer some views. In substantial part of this article, the comments published in http://www.blog.com.np/ have been compiled but they have been edited so as to make a free flowing Article. The Question Raised and answer given is related to the power of Supreme Court to analyze the Constitutional validity of House Proclamation in Nepal by Nepalese Parliament.
You may have little look to the original Article from the link provided above.
First of all, Supreme Court does not challenge anything. It is some advocates who love to file petition, may be because of their unheard names appear in the newspaper for somedays. Now, after the petition is filed, it becomes the obligation and duty of the Supreme Court to examine the legal validity of any questions which has been raised in the petition. By sending notice to the concerned parties, Supreme Court proceeds to examine the questions that have arisen in the petition and in its process, Supreme Court has rightly sent a notice/show cause notice why and by what process it is right to promulgate Special Resolution of parliament.
Now, first question arises whether Supreme Court (SC) has this power or not. Yes, definitely it has. Because Supreme Court is the independent authority under 1990 Constitution and that status is still intact even after April Revolution. That suggests SC can examine constitutional validity of any legislative process which affects the fundamental rights of the people. It is even because SC is the custodian of people’s rights and various writs can be issued by SC to defend people’s rights. It is the characteristic feature of “Independent Judiciary” to be able to examine the outcomes of legislative process, otherwise, where is the independence? What should be the verdict or outcome of this petition is altogether different questions and on either lines it can be argued but to say SC has no power to enter the writ petition itself is to be ignorant of Judicial process.
One more thing here it is a great time for SC to show that they are still independent. They can give a very landmark judgment at this stage. There are two things that have to be demarcated here.
1. Find out the fundamental things of 1990 Constitution that can not be amended.
2. Find out the policy issues, which can not be challenged in Court of law.
While answering first question, it is a high time to show the judicial activism on the part of the court that these are the features that can not be amended at all under any circumstances like tomorrow, if parliament promulgates or by declaration makes any law saying there is no right to life and liberty and government can take life and liberty of any person in a way land is grabbed from people. This is inherently inconsistent with a basic and standard feature of any constitution. On the same footing, right to equality, no capital punishment, right against slavery can be declared “fundamental features” of any constitution and can be declared null and void from the date of its enactment.
These above mentioned points may not actually arise in the petition but SC can go up to the extent to demarcate the areas which can be amended and which can not be touched. If this line is taken, there is nothing in historic document that can be held unconstitutional.
Now, regarding policy issues, it is the prerogative of any governments to formulate any policy what it likes as promised to the people and it is no business of courts to dictate parliament and government which policy should government formulate. In this basis, most of the things can be shown as the policy of interim government as promised to the people during April Revolution. Unless these policies touch such inalienable rights of people, court can not declare them unconstitutional.
Regarding political issues, there is no clear cut law to say political matters can not be challenged in court or court can not examine political decisions. A lot of political decisions stifle legal issues and resolution which in a way, amends some parts of constitution (Note that Constitution is SUPREME LAW OF THE LAND)can not be merely termed as political issues. These political decisions are bound to be within the realm of legality. Otherwise, in future, in the name of political decisions, “Party dictatorship” arises which again, will be completely unacceptable to us.
Just because all MPs agree to pass it, or it is termed as historic can not make anything perfectly constitutional. Suppose all the MPs of parliament tomorrow declare Mr. X as a terrorist by passing “historic resolution” and decide to kill Mr. X, can we think that they are right? Not at all. At that condition, we have to reach the Supreme Court for nullifying such law and have to ask stay order of Mr. X’s death sentence.
It’s not because how many people pass resolution but because of their power to do so. All the judiciary in the world, which includes Nepal, also has/should have power of judicial Review over the work of administrative and legislative manner. SC must be able to decide the constitutional and legal validity of any such decisions. The Historic document has sought to change a lot of issues which must be tested before the court in light of existing laws and constitution and Supreme Court must have that power.
No one is safe anywhere,
Thieves are rampant everywhere
Light is stolen,
Dreams are stolen,
Faith is stolen,
Mud is stolen,
Love is stolen,
Life and death are stolen
Alas! What can you expect from others,
When God himself is a thief?
In "Indra Jatra" by Dinesh Adhikary, Sajha Prakashan, 2051 B.S
1 user(s) are reading this topic
0 members, 1 guests, 0 anonymous users