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At a time when the government is struggling to expedite capital spending, new challenges have erupted to increase capital expenditure. According to the Financial Comptroller General Office, the government has spent just Rs 53.45 billion, which accounts for just 14 percent of the allocated capital budget, since the start of the current fiscal year. This rate is similar to FY 2021/22 when the capital expenditure stood at 13.44 percent in the first half of the fiscal year. Though capital expenditure usually picks up in the second half of the fiscal year, the government’s inability to provide resources in a timely manner, shortage of construction materials in the market and liquidity crunch in the banking sector have emerged as major hindrances to accelerating the construction works of development projects. Issuing a circular on January 4, the Ministry of Home Affairs directed all District Administration Offices (DAOs) immediately shut down crusher industries involved in quarrying and processing of stone, gravel and sand, that are operating without registration and operating permits and renewing operating licenses. The ministry also instructed DAOs to investigate and immediately shut down quarry activities that have continued even after the completion of the various development projects, for which the crusher industries and construction businessmen concerned were granted permission to extract stone, gravel and sand. The ministry’s instruction came at a time when the construction activities picked up. It was expected that construction works of development projects would gather pace after disturbances due to the rainy season, festivals and federal and provincial elections. “Now several road projects, particularly the expansion works in Kathmandu valley, have been affected by the shortage of the sands and stones,” said a senior official at the Department of Roads (DoR). “We have been notified about the shortage of construction materials to concerned government agencies.” Past experiences show that the government's attempts to control the crusher operators resulted in a shortage of construction materials making the enforcement of the rules challenging. Contractors handling the construction works of development projects say that most projects are facing a shortage of essential materials like sand and stones following the local administration's efforts to enforce the rules. “Due to shortage of sands, pebbles and stones, their prices have also surged which have been unaffordable for the contractors,” a contractor said. “As much as 80 percent of construction projects have been affected by the shortage of construction materials.” The shortage of construction materials has come at a time when the government has been unable to provide enough resources to government agencies to continue the construction works. “Though we sought additional budget from the finance ministry to make payments to the contractors for the completed works for the last few months, we were told that there is no extra fund available for the payments,” the DoR official said, adding, ”We are now seeking approval from the finance ministry for the transferring budget to these projects from other projects that have not yet started construction works.” Amid the sluggish economic activities in the country, the government is struggling to meet the revenue target. As of January 15, the government's revenue collection stood at Rs 459 billion, which is barely enough to sustain the recurrent expenditure of Rs 455 billion. Contractors say that they are also struggling to borrow money from the banks due to the liquidity crunch in the banking sector to carry on with the construction works after failing to receive payments from government agencies.  

It is aptly said, ubi societas ibi jus, i.e., where there is society, there is law. The question as to who uses the machinery of law and for what reasons, continues to be debated upon. Still, the end of law is to secure human justice, rather than ideal justice. From one perspective, the Constitution of Nepal, loaded with democratic principles that have potential to help the country thrive on the path of sovereign democracy, prosperity and tranquility, may be taken as an abstract body of rights and duties. From another perspective, it’s a document of social process, balancing conflicting interests. After all, concepts like federal democracy, independent judiciary, non-discrimination in private and public life, civil supremacy, and judicial review are basic tenets of our constitution. Progressive features  Immanuel Kant says laws are a sum total of conditions under which the personal wishes of one man can be combined with the personal wishes of another man in accordance with the general law of freedom.  Duguit, a jurist of Sociological School of Jurisprudence, argues that law can exist when people live together. The drafters of the constitution have ensured that everyone receives an equal share in our democracy without any distinctions and this conception is in recognition of Aristotle’s distributive justice. Under the new constitution, Nepal’s federal structure is merited with a development that divided the country into seven provinces, with clear lists of legislative powers for the central, provincial and local governments. It sets aside 33 percent of parliamentary seats for women, which is a major breakthrough. The Constitution of Nepal became the first country in Asia to explicitly recognize the rights of Lesbian, Gay, Bisexual and Transgender (LGBT). The provision of right to equality clearly states that no discrimination shall be made along the lines of sex, or sexual orientation as well. Under the scheme of the new constitution, victims of environmental pollution have a fundamental right to receive compensation from the polluter. Also, it has been provisioned that citizens with disability and economically poor conditions shall have the right to free higher education. These schemes are incorporated to promote equity and equality both, for garnering constitutionalism. Yet, notably, the constitution was passed amidst intense polarization in the Nepali society. The Madheshi leaders protesting against the constitution had enjoyed vital governmental positions. This shows their dishonesty and power greed. Roscoe Pound, who propounded the theory of social engineering, believed that law must be stable, yet it cannot stand still. In Keshvanand Bharati v the State of Kerala (1973), the Supreme Court of India held that the word ‘amend’ implied that “while any piecemeal change may be made, the old constitution cannot be totally destroyed or so radically changed as to lose its identity; the basic features cannot be amended.” The court further held that the original constitution can be amended, subject to basic features, but cannot be repealed. In fact, no rule can provide for every possible situation. Amendments, not repealing of laws, could be an answer to probable issues. From fundamental rights to federal principles, these provisions clarify that Nepal’s constitution is one of the progressive documents. The charter aims to promote equality, fraternity, liberty and equity. This message needs to be communicated across the country. Communicating with the Charter Nelson Mandela has said, “If you talk to a man in a language he understands, that goes to his head. If you talk to him in his language, that goes to his heart.” It’s high time that the government distributed free copies of the constitution in different regional and local languages. Such an attempt would be a milestone in the healthy development of mother tongues. For instance, the government could translate the constitution in Maithili and Bhojpuri languages for the Madhesh province. If the constitution is communicated in regional languages, it would help the people understand the constitutional provisions in the language they understand. It’s worth remembering that the Madheshi activists, who had protested against the constitution and later bagged vital government positions under the same constitutional mandates, had “interpreted” the constitutional provisions in Maithili and Bhojpuri languages to seek solidarity of the people in their protest against the statute. Fundamental duty of citizens Our constitution under Article 48 lays down fundamental duties on every citizen to abide by the constitution and the prevailing laws of the land. Under this mandate, the government as well as private persons have to compose their functions in accordance with the procedure established by the constitution. This concept of fundamental duty is not a noble one. The fundamental duties were inserted in the Indian constitution through 42nd amendment in 1976, upon the recommendation of the Swarna Singh Committee. Article 51A of the Indian charter embodies 11 duties, including the duty to abide by the constitution and to protect as well as improve the natural environment. The 11th duty—duty of parents to educate their children—was inserted through 86th amendment of 2002. The Constitution of China also bears testimony of the fundamental duties in various Articles under the chapter of Fundamental Rights and Duties’, including, the duty of the citizens of the People’s Republic of China to work (Art 42); rights and duty to receive education (Art 46); duty to safeguard national unity (Art 52); and duty to pay tax (Art 56). Although the Universal Declaration of Human Rights (UDHR) concentrates on rights of every person by virtue of being human being, Article 29 says that the corollary of the rights is duties. The provision (i.e., Art 29) talks about the duty towards the community. Implementation matters Nepal’s constitution is a bag of progressive provisions. However, the problem lies in implementation of the provisions. HLA Hart, a jurist of the analytical school of jurisprudence, says: enactment of law is one thing, while implementation is the other. Jeremy Bentham believed that the role of law should be to increase happiness and decrease pain, pointing: Law should ensure maximum happiness for the maximum number. This cannot happen unless the constitution is implemented in its letter and spirit. For instance, the theory of polluter pays principle (PPP), recognized under Article 30 of the constitution, would remain on paper unless the state succeeds to guarantee a breath of fresh air to all and inflict a penalty against the polluters. Also, the concept of equity and equality would remain limited to black letters of law unless the mechanisms of positive and protections discriminations are duly implemented. Everything is within the constitution and that too in the codified form. The only thing left is to implement it. We, the people of Nepal, deserve to have employment, proper healthcare at affordable cost, quality education, and quality foodstuffs as a matter of right, because our constitution guarantees that. Mere enactment of cosmetic laws would not give a desired result unless they are implemented. Leaders should live with promises The Pandora of promises should be cherished by the newly-formed government. The political parties had shown ambitious plans and policies for the people. Interestingly, their lofty plans were in recognition of the constitution. It’s high time for the government to implement the constitution in its letter and spirit, for the Himalayan Republic deserves development, peace and prosperity. No country could ever grow with a tendency of sidelining the constitutional mandates. After all, our constitution is a living document promoting social transformation. Now, it’s time to live with it.

The word ‘Swasthani’ is a combination of swa, sthana and i. In short ‘swa’ means one’s self; ‘sthana’ means location, mainly spatial and sometimes temporal or even contextual; and the suffix ‘i’ here converts a word into feminine form. Looking at the name of the book, Swasthani is addressed as ‘Sri’, a polite form of addressing an individual. ‘Sri’ has multiple meanings, including the supreme consciousness, the goddess of prosperity and wealth. The Vedas consider ‘Sri’ as Goddess Parvati, the consort of Lord Shiva. It is interesting that Goddess Parvati herself worshiped and pleased Sri Swasthani to get married to Mahadeva (Lord Shiva). The Vratakatha cites this phenomenon many times to convince the sufferers that their salvages lie in the vratas and worships dedicated to Sri Swasthani. Aryan-Mongoloid interactions The Aryans are believed to have developed Sanatana dharma, the righteous way of life, long before entering Bharatavarsha. But legends indicate that they confronted the Mongoloids, and after some interactions they recognized Shiva as Mahadeva, one of the major Trios of the Godhead. Two clues hint at Shiva being a Mongoloid. Firstly, Shiva is worshiped as Kiranteshwar Mahadeva, Kirants being a Mongoloid ethnic group. Second, the abode of Shiva is in Mount Kailash, an area from where some Mongoloids are believed to have come to Nepal. Historically, from the southern flanks of the snow-capped mountain ranges—the Hindu Kush to the Himalayas—formed interfaces where the Aryans met the Mongoloids. This is demonstrated by Dakshaprajapati’s objection to marrying off eldest daughter Satidevi to Mahadeva (Lord Shiva) as Shiva was ‘far inferior’ to other deities his daughters were married to. Not only social interactions but also deep acceptance of each other had developed between the Aryans and the Mongoloids. There was deep friendship between the Aryan Vishnu and the Mongoloid Shiva (Mahadeva). Desirous of marrying Satidevi but being rejected by her father Daksha, Mahadeva visits Vishnu’s abode (Baikuntha) and asks the latter to act as a matchmaker. Vishnu  promptly visits Daksha. Vishnu says he has come to beg for something, and he would express his desire only if the host promised to fulfill it. After Daksha’s affirmation, Vishnu expresses intent to marry Satidevi. Daksha unwillingly gives his nod, asking  Vishnu  to come with his kin and well-wishers on an auspicious day, and take Satidevi as his bride. Vishnu informs Mahadeva that the mission may succeed, although he himself had to ask for Satidevi’s hand. Vishnu instructs  Mahadeva to appear as an old hermit at the time of Kanyadana (gifting of the girl), ask for alms and threaten to curse both the giver and the receiver if Kanyadana is proceeded without giving him alms. Vishnu would then explain the auspicious moment of Kanyadana would end soon and ask Mahadeva not to spell a curse, offer the alms after the Kanyadana and invite the latter to sit with him. At that very moment, Vishnu would play a trick and make Daksha put Satidevi’s hand into Mahadeva’s. Delighted, Mahadeva follows Vishnu’s words. The plan succeeds. Daksha gets angry but relents. Satidevi unhappily accepts Mahadeva in the guise of an old hermit as husband and follows him to Kailash. When Satidevi finds out that her hubby is one of the Trios of the Godhead, she begins to spend a happy conjugal life. Meanwhile, Dakshya is still angry with Mahadeva. One day, Satidevi sees her sisters accompanied by their hubbies flying in the sky and asks Mahadeva where those deities were going. Mahadeva tells her to ignore it all. Narada the great sage visits them and informs about Daksha’s Yagya where Deities, Yakshas, Gandharvas, Kinnaras, Daityas, Daanavas, Rishis like Vashishtha and Prabhriti, Naagas, Apsara and Dashadikpaalas were invited with their spouses. Narad wants to know why the couple were not invited, though they deserved to be at the Yagya. Satidevi, accompanied by Narada, rushes to her maternal home, pays respect to her parents and seeks to know why they had snubbed her and her hubby. As Daksha insults Mahadeva with words, Satidevi jumps into Yagyakund (where ritual fire is burning) and kills herself. Narada reports the tragedy to Mahadeva. This leads to a war between Mongoloid and Aryan armies. Death and destruction at the war and Mahadev’s sorrow over the death of his consort make for an epic that is a class apart.

I’m a 59-year-old woman with two children living abroad. My husband and I are both retired. Passing time daily is hard for us since we both have nothing to do, and with so much leisure time on our hands, we tend to overthink. We are constantly worried about what might happen if one of us dies, and the thought of losing someone so dear to me is horrifying. How can I deal with this feeling? Please help me.—PK Answered by Kapil Sharma, counseling psychologist, Nepal Institute of Mental Health I want you to know it’s common for people to have some level of anxiety about death. This is a normal part of the human experience. While some people are only mildly concerned about death, others might have a higher level of anxiety when thinking about it. You must figure out which category you fall into.  Healthy fear consists of some level of worry and sadness, but there is also a certain level of acceptance as death being a part of life. It motivates people to live a fulfilling life too. But when that fear becomes overpowering, so much so that it hinders your daily routine, constantly makes you imagine life without your loved ones, or leaves you with a sense of helplessness, that is when it becomes problematic. If you are unable to accept death as being a natural part of life, there are a few ways you can address it.  Start with figuring out why you are so scared. Fears like these don’t come out of the blue. Maybe you have lost someone in your life and you haven’t been able to move on. Or you might be very dependent on this one person in your life, like your husband. And to imagine life without him is difficult. Working out the reason behind your fear is one way to decipher its solution.  Making a list of the things or people you have lost in the past can be a helpful way to process your feelings. This will help you come to terms with the loss you faced. It can also be a way to reflect on your coping mechanisms, and understand what else you need to do in order to truly move on.  Talking to someone close to you is an extremely helpful way to get the support and understanding you need to come to terms with death. It can be your husband, your children, or a friend who truly understands you. Sometimes having our emotions validated can help a lot.  But then there will be times when you might feel they are unable to empathize with you. In that case, it’s best to talk to someone who has gone through a loss in their life, and shares the same sentiments about death as you do. Having someone truly understand how you are feeling will give you a sense of comfort. Realizing you aren’t alone in it can help you deal with your fears better. But I must say that acceptance is necessary. Accepting death as a part of life isn’t easy, but death is inevitable. You will not always have your loved ones around you, but what’s important is that you work on creating really good memories while they are alive.  Focus on the moments you spend with them rather than on what might happen when and if they are gone. Deciding what to do with the time you have with each other is up to you. So focus on things that you can do, rather than dwelling on something that you have no control over. If you still find yourself struggling to deal with your fear of death, it’s best to consult a therapist or counselors who can help you come to terms with it.