Judicial reforms cannot wait

In early October this year, Supreme Court Justice Prakash Man Singh Raut took charge of the judiciary as its head. Raut, a former advocate at the apex court, will lead the judiciary for nearly 18 months. While defending the special hearing at the parliament for his new role, Raut presented a 24-point action plan outlining his vision to make much-needed reforms in the judiciary.

But will CJ Raut really be able to walk the talk as the chief of a key organ of the state and restore public faith in it?

To safeguard democracy and maintain public trust, the judiciary must be fair, impartial and independent, which is a formidable task, indeed.

For Raut, the first challenge is improving the relationship between the Nepal Bar Association (NBA), an umbrella organization of Nepali attorneys, and the bench, at a time when the tussle between the two is worsening. This has resulted in delays in the appointment of judges in various courts, landing the judiciary in a mess and making the already-lethargic justice delivery system even worse.

Amid this tussle comes the apex court administration’s contempt of court case against the head of the NBA, Gopal Krishna Ghimire, in response to his demand for revisions in the ‘faulty’ Judicial Council Regulation. This comes after the council amended the regulation, placing the Supreme Court’s chief registrar at the second rank of high court if s/he gets appointed as a high court judge prompting the bar to decry the move as anti-constitutional.

NBA maintains that the council-effected change in the regulation affects career growth of senior judges working at the high court as the second rank in the court ensures early promotion to the coveted position of the chief judge and makes way for appointment as an apex court judge. NBA leaders believe the revised regulation will end up demoralizing high court judges.

Second, NBA believes that people’s faith in the judiciary is fading further with the recent judicial appointments by the council courting controversies and public criticism.

Third, certain controversial judgments on the part of the apex court over the years have tarnished the image of the apex court with the people openly criticizing them as if delays in justice delivery, corrupt practices and politicking were not enough.

Who’s responsible for this crisis in the judiciary?

Part of the blame goes to past CJs also. But is CJ Raut ready to mend ways, make a fresh start and transform the judiciary?

This question is important because the judiciary achieves legitimacy through excellent performance and impartial judgments.

At present, service-seekers feel that approaching courts for justice is a waste of time. Political agents feel safer than victims when a case lands at the courts. Public perception is that one gets justice if s/he is wealthy and/or powerful.

There’s a backlog of corruption cases in courts and if cases keep piling up with verdicts becoming a rarity, credibility of the judiciary will suffer further.

Scholars like Aristotle used to say, ‘justice is not a topic of argument but practical experience of heart’. However, that no longer remains relevant in the Nepali context.

For years, lawyers, judges, the public and other stakeholders have been demanding serious reforms within the judiciary, which has been facing some serious charges of corruption and political interference.

The actions of the Judicial Council, the apex body that appoints judges, almost always court controversy.

Owing to these factors, the new CJ should begin his reforms with the aim of enhancing the image of the judiciary as a free, fair and independent organ of the state. Obviously, the CJ can't perform this task alone, but he can at least make an honest effort.

The CJ can begin by seeking to win the trust of the NBA and the JC, especially in relation to the justice appointment process, and by taking action against judges performing below par. The JC has no other option than correcting the faulty regulation as it did not bother to consult the stakeholders while making changes in it. This move will help raise the level of public trust toward the judiciary.

The basic principles of the UN also state that the state should guarantee judicial independence, so it is the duty of all state organs, including the judiciary, to uphold judicial independence.

It’s time to steer the judiciary in the right direction by working together with all stakeholders concerned and the CJ should lead this effort.

 

The danger of speed: Need for road safety in Nepal

Every day, we witness vehicles speeding recklessly on highways and even narrow roads. The roar of engines revving isn’t just noise; it’s a reminder of the ever-present danger. Overspeeding disrupts traffic, creates fear, and heightens the risk of road accidents that impact everyone—pedestrians, cyclists, and drivers alike.

The number of road accidents caused by overspeeding in Nepal is alarming. Reckless driving puts countless lives at risk daily, with many paying the ultimate price. Overspeeding is not just a traffic violation—it’s a grave threat. Without serious action, Nepal’s roads will continue to be a battlefield where speed takes precedence over safety.

Inspector Jitesh Dahal notes: “Many drivers claim ignorance of speed limits, while others justify it by saying they were in a hurry or made a mistake. Some, particularly younger individuals, speed for the thrill, even engaging in dangerous stunts they consider ‘cool.’”

Overspeeding is most common during off-hours when roads are clear. Two-wheelers are more prone to speeding than four-wheelers, as they can maneuver through narrow spaces with ease. Dahal observes that while official records don’t categorize by age, individuals aged 20-25 tend to speed more, whereas older drivers are generally more disciplined.

Certain areas are hotspots for overspeeding, posing increased risks. Highways, with long stretches and limited monitoring, tempt drivers to ignore speed limits. Residential neighborhoods and school zones, where safety should be paramount, also see reckless speeding, endangering children and pedestrians. These hotspots highlight the urgency for stricter enforcement and awareness campaigns.

Ram Laxmi Shrestha, a roadside resident, says: “I’ve seen many bikes and buses speeding dangerously, leading to potential accidents. Buses from Panauti and Dhulikhel seem to compete with each other. Some motorbikes, especially loud ones like ‘Crossfire,’ appear designed for high speeds. Authorities need to impose strict penalties.”

The reasons for overspeeding vary. For some, it’s the thrill of speed; for others, it’s the pressure of time constraints. When speed limits are loosely monitored and penalties are minimal, drivers feel emboldened to break the rules.

Psychologically, overspeeding is influenced by cognitive biases and emotional states. Optimism bias makes people believe they are less likely to be in an accident. Thrill-seeking behavior and peer pressure also play significant roles, particularly among younger drivers. Social influences encourage reckless driving, as individuals try to impress friends or prove themselves.

Multi-tasking while driving also increases the risk of unintentional speeding. In such situations, drivers lose focus on their surroundings. Counseling psychologist Kapil Sharma says: “Emotions like anger, depression, and anxiety can turn drivers into aggressive riders, leading to impulsive behavior on the road.”

Sharma suggests that visual techniques—such as impactful photos, videos, and slogans—can be highly effective in raising awareness. Placing such messages in prominent locations can serve as constant reminders to drive safely.

Efforts to curb overspeeding include speed cameras, fines, and awareness campaigns. However, gaps in implementation reduce their effectiveness. Speed cameras are often limited to specific areas, leaving many roads unmonitored. Fines may not deter habitual offenders, especially with inconsistent enforcement. Awareness campaigns, though impactful, often fail to reach at-risk groups like young or overconfident drivers.

With technological advancements, solutions like smart speed limiters, AI-powered cameras, and speed-sensing roads could help. However, implementing these measures requires significant investment and public cooperation, emphasizing the need for a comprehensive approach.

Young drivers are more likely to overspeed due to inexperience, peer pressure, and a sense of invincibility. Many take unnecessary risks, speeding through city streets and highways without considering the consequences. Peer pressure plays a key role—many young drivers push their limits to gain social approval. The thrill of speed can be intoxicating, but this reckless attitude often leads to accidents, putting not only themselves but also pedestrians and other road users in danger.

Stricter penalties and enhanced driver education programs are essential to reducing overspeeding, especially among young drivers. However, penalties alone are insufficient. Driver education programs must emphasize the dangers of overspeeding, incorporating real-world scenarios, defensive driving techniques, and the emotional and physical consequences of reckless driving.

As you navigate your daily commute, ask yourself: Is the time saved by speeding worth the potential cost—your life or someone else’s? Every time you press the accelerator, you make a choice. It’s not just about reaching your destination faster; it’s about responsibility. The question is, what kind of driver do you want to be? One who risks lives for speed, or one who values safety? The roads are in our hands—let’s choose to drive responsibly.

Social Media Bill and its impact on emerging youth leaders

Imagine if the proposed Social Media Bill had been in place three years ago. Would Balendra Shah and Sunita Dangol have been able to connect with the public and win the local elections from Kathmandu? While their leadership and vision were strong, social media played a big part in spreading their message and gaining support. If this had been implemented three years ago, would then emerging leaders really be behind bars for voicing their opinions against the government, or would accountability still spare the powerful?

The ease of access to digital platforms has allowed many young politicians to enter the political scene. In Nepal, as of 2023, women hold 33.1 percent, and young people aged 30 or younger make up about 2.9 percent of parliamentary seats. Social media has been a key tool in breaking old rules, increasing political involvement, and driving drastic changes.

The ‘Bill Related to Operation, Use, and Regulation of Social Media in Nepal’ was introduced by Communications Minister Prithvi Subba Gurung in the Upper House on Jan 28. He said it aims to ensure good behavior and responsibility, but it has several worrying parts that challenge basic rights, especially those guaranteed under Articles 17 and 19 of Nepal’s Constitution. As a youth advocate, I still struggle to speak freely in a system that tightens control over digital spaces. This bill doesn’t just regulate—it silences, making it harder to challenge power and uphold the very rights democracy promises.

The recently enacted bill makes us question whether the transparency and accountability push of Sumana Shrestha would have achieved similar backing. The speed at which anti-corruption campaigns and gender justice campaigns for Niramla Pant’s case—today being the 2,386 day—spread across society would potentially have slowed down if this bill were in effect. The new legislation contains restrictive measures that restrict the voices of activists as well as public participation.

Problems with the bill

Section 18: Digital speech criminalizing

Section 18 of the bill says that if anyone does something harmful to national interests with bad intentions that causes hatred among groups or harms relations between federal units, they will face a five-year prison sentence, a fine of up to Rs 500,000, or both.

The definition of “bad intentions,” which is vaguely defined, creates possibilities for unfair enforcement. Under this policy, the authorities could falsely claim protection by countering their bad intentions. My detention could happen when I expressed criticism and opinions about my country's leaders, even if my motives were innocent. Are we not entitled to use our freedom of expression? We live in a democracy, and we have the right to free speech.

As an advocate and leader, will I be jailed simply for raising concerns about the government on social media? Meanwhile, those in power will have the freedom to do anything they want and misuse their authority without consequences. Where is the accountability for government officials who manipulate information and spread propaganda? Is this justice?

Sections 21, 22, and 23: Restricting political expression

Sections 21, 22, and 23 propose up to three years in prison or a fine of up to Rs 1.5m for hacking into someone’s identity or information via social media, tricking people, or blackmailing respectively.

The bill’s unclear language on “making fun of images, trolling, negative comments, and spreading false information” could be used against activists, journalists, and politicians who challenge the government. If I speak up about my village’s struggles, can those in power really accuse me of a crime? Over 50 journalists and activists faced arrest and harassment because of defamation laws in 2023. Activists, especially women fighting for gender equality and political changes, could be labeled as threats simply for demanding change.

This bill does not offer protection—it offers control. If laws are meant to protect democracy, they should safeguard free speech, not make it a crime. We do not need new ways to silence voices—we need real enforcement of existing laws that protect people, not punish them. We need a system that upholds justice, not fear. Will we let our voices be silenced, or will we stand against this growing threat to our democracy?

Section 20 (1): Government control over digital space

Section 20 (1) prohibits the sharing of secret information, potentially stopping journalists and whistleblowers from exposing corruption or governance failures. Instead of holding the powerful accountable, this law protects those in power by making it a crime to speak out. How will citizens ensure openness when the government itself decides what remains “secret”?

Adding to the concern, the government proposes a “Quick Response Team” with unchecked power to act against social media users—an emergency-level mechanism being misused to police opinions rather than respond to genuine crises. Who will monitor this team's actions? What safeguards exist to prevent abuse? In a democracy, should questioning authority be treated as a crime?

The bill enables a surveillance state disguised as regulation. Instead of protecting citizens from real threats, it strips away their right to express, criticize, and demand accountability. Is this the future of digital freedom in our country—where questioning power is outlawed, but those in power can manipulate the system without consequence?

A step backward for women and youths

My efforts to advocate the basic rights of women during my early period of leadership brought me persistent online harassment and opposition, particularly from men living in my community. The new legislation will make no difference unless the current rules receive proper enforcement. We require genuine action, which entails both keeping existing laws in force and holding those responsible for crimes accountable and safeguarding those standing up for justice. The use of legislation should never serve as a tool for denying people their right to disagree. People will not succeed in silencing those who choose to speak out.

For young leaders navigating Nepal’s political landscape, this law presents yet another barrier. Social media has been a powerful equalizer, allowing new voices to challenge established hierarchies. The strict regulation of online platforms, together with tools to silence political opposition, would erase all the recent political progress toward inclusivity. This measure gives the government control of public speech by both scaring citizens into silence and limiting their freedom to speak out.

As a society striving for gender equality, governance openness, and civic empowerment, we must ask: Do we want a future where new leaders are silenced before they even begin?

Celebrating uncle blazing

My journey with ‘Akbare chili’ began unexpectedly. I left Nepal at a tender age and knew little about our heritage cuisines, forgotten foods, indigenous crops, and local produce. While working at Do & Co International, a day changed my perception of cooking forever. Among my team, there was Krishna, a Nepali-speaking bhai from Darjeeling. I was his supervisor and the head of Asian cooking at the time.

During a mentoring session, I emphasized keeping cooking simple, embracing the concept of ‘less is more,’ and advocating for heritage, authenticity, and local, simple cooking. “Cooking should not be rocket science,” I always said. After the session, Krishna approached me with something special—Dalle Akbare pickle. It was naturally fermented and made with just two ingredients: salt and Akbare Chili.

That pickle was a revelation. It was tasty, aromatic, and authentic, embodying generational cooking techniques and traditions. That simple jar of pickle taught me so much about the essence of cooking: less is more, local is better, and authenticity is king. This experience changed my entire perspective on cooking and deepened my appreciation for heritage recipes and ingredients like Akbare chili.

Akbare khursani, also known as dalle khursani, red cherry pepper chili, or simply dalle, holds a legendary status in the world of chilies. Revered for its addictive spiciness and unique aroma, this chili pepper is a cornerstone of Nepali cuisine and culture. Many Nepalis think its origins and identity are deeply tied to Nepal’s eastern mid-hill regions, but it shares its fame with regions in Bhutan, Northeast India, and Nepal. Even the name of this chili comes from the Bhutanese language, ‘Akubari,’ which translates to ‘Uncle Blazing’ and has nothing to do with King Akbar of India.

Akbare khursani is a polyploidal variety of pepper, the only known one of its kind. It belongs to the family Solanaceae and genus Capsicum. The plant thrives in the cool, subtropical climate of Nepal’s eastern hills, growing to heights of 100-130 cm in open fields and up to 150-180 cm in greenhouse conditions. It’s a hardy plant with a long growing season, making it well-suited for cultivation in Ilam and surrounding districts.

Akbare chili is not only a flavor powerhouse but also a nutritional treasure. It’s exceptionally rich in Vitamin C, with 100 grams containing 240 mg—five times more than an orange. It also boasts high levels of Vitamin A (11,000 IU) and Vitamin E (0.7 mg), along with potassium, making it a healthful addition to any diet. The chili’s pungency ranges from 100,000 to 350,000 Scoville Heat Units (SHU), placing it in the same heat category as the Habanero pepper. This fiery heat, combined with its rich, fruity aroma, makes it a favorite for culinary uses and pickling.

Akbare Khursani is a versatile ingredient in Nepali cuisine. Its spiciness and flavor elevate traditional dishes, and it’s consumed in various forms. Whole chilis are often served as a relish alongside dal bhat (rice and lentils). Chopped, it’s used as a seasoning in vegetable and meat curries. The paste is blended into chutneys and sauces, particularly for momos (dumplings). It can be transformed into dalle achaar, a tangy and spicy pickle cherished across Nepal as well as combined with yak buttermilk to create a unique fermented delicacy.

Despite being associated with the eastern hill districts, including Bhojpur, Ilam, Sankhuwasabha, Taplejung, and Terhathum, the growing demand from noodle companies is encouraging farmers to cultivate more Akbare chili. For example, farmers of Ribdikot Rural Municipality in Palpa sold Akbare chilies worth more than Rs. 60 million in 2024—Rs. 20 million more than in 2023, when chilies worth Rs. 40 million were sold. A single farmer can earn up to one million rupees just by selling Akbare.

With the increasing demand for hot and spicy noodles, the cultivation of Akbare chilli has also expanded in Nepal.

A technical paper by Damodar Poudyal and his team, Akabare Chili Amplifies the Household Income of Farmers in the Mid-hills of Nepal, shows that chili consumption in Nepal has increased over the years, with total per capita capsicum consumption reaching 9.5 kg in 2021. Similarly, the per capita consumption of Akbare chili in 2021 was 0.47 kg, 34 percent higher than in 2020 (Poudyal et al., 2023). The number of districts cultivating Akbare chili in the mid-hills of Nepal has also increased. In 2021, Akbare chili was grown in 54 districts—nearly 13 percent more than in 2018.

Given its historical presence and cultural value in Nepali kitchens, the fresh and processed market for Akbare chili has expanded over the years. There is strong demand for Akbare chili within Nepal, along with ample opportunities to grow the business. An improved marketing system with a buyback guarantee would not only strengthen the chili economy but also create employment opportunities and attract young people to farming. 

The author is a London-based R&D chef