Submit your Article

In the age of Information and Communication Technology (ICT), the world has witnessed remarkable advancements, offering opportunities and conveniences to individuals, businesses, and governments alike. However, with these technological leaps, the specter of cybercrimes and threats looms large, necessitating the formulation and enforcement of robust cybersecurity laws. In the absence of traditional policies addressing the vast realm of cyberspace, criminals have exploited ICT advancements, demanding international collaboration to combat the borderless nature of cybercrime.

Law, often described as a system of rules with binding legal force, plays a pivotal role in maintaining societal peace and order. In the context of cyberspace, it gives rise to what is commonly referred to as Cyber Law or the Law of the Internet. This evolving field within international law aims to address a myriad of illegal activities in cyberspace, including cyber-bullying, piracy, hacking, and more.

Nepal, recognizing the importance of safeguarding its cyberspace, has put in place a comprehensive legal framework. The Constitution of Nepal, adopted in 2015, guarantees fundamental rights related to cyber activities, including the Right to Information, Right to Communication, and Right to Privacy. The Electronic Transactions Act (ETA) of 2063, Nepal’s first cyber law, legalizes electronic communication and transactions, covering electronic records, digital signatures, computer networks, and offenses related to cybercrimes.

In the realm of cybersecurity, Nepal has embraced various legal instruments, acts, policies, and guidelines to govern cyber activities. These include the Online Child Safety Guidelines issued by the National Telecommunication Authority (NTA) to prevent child abuse through ICT, and the Copyright Act of 2059, which protects copyright, including computer programs. The Individual Privacy Act of 2018 safeguards the right to privacy in Nepal, prohibiting the transfer of personal data without the owner’s consent.

Nepal has also been proactive in addressing the challenges posed by the rapid growth of technology. The Information Technology Bill of 2075, currently in the finalization process, aims to replace the Electronic Transactions Act as the primary law for cyberspace. However, concerns have been raised about potential limitations on freedom of expression, violation of data privacy, and increased surveillance.

To bolster cybersecurity, Nepal introduced the Cyber Security Byelaw in 2077, framed by the NTA under the Telecommunications Act. This byelaw aims to implement cybersecurity standards, protecting ICT infrastructure and information systems from malicious attacks. It mandates regular security audits for Telecommunication and Internet Service Providers, promoting a robust cybersecurity ecosystem.

The National Security Policy of 2075, issued by the Ministry of Defense, recognizes the misuse of science, technology, and modern equipment as factors influencing national security. It identifies the abuse of modern technology in crimes as challenges and threats related to law and order. In line with the Digital Nepal vision, the National Information and Communication Technology Policy of 2015 addresses cybersecurity and law issues, proposing the establishment of an IT Tribunal system, a Computer Emergency Response Team (CERT), and a cyber-security cell.

The National Cybersecurity Policy of 2016, drafted by the Ministry of Information and Communications Technology, aims to govern and address global challenges in cyberspace. It proposes the establishment of the National Cyber Security Strategy Working Group and the National CERT of Nepal, responsible for providing cybersecurity services to various entities, including the government, law enforcement agencies, businesses, and the public.

Institutional mechanisms in Nepal play a crucial role in enforcing and implementing cybersecurity measures. The Office of the Controller of Certifying Authority, established in 2007, licenses Certifying Authorities (CAs) under the Electronic Transactions Act, creating a secure environment for internet, email, and online transactions. The National Information Technology Center (NITC), established in 2001, serves as a data bank, assists in computerizing governmental records, and implements e-services.

The Cyber Bureau Nepal, a part of the Nepali Police, is tasked with investigating cybercrimes, coordinating and cooperating on cybersecurity, preparing police manpower for cybercrimes, and exchanging information nationally and internationally. Accessibility for reporting cybercrime complaints is enhanced through email communication at [email protected].

Collaboration with non-governmental organizations and industry associations is essential for a holistic approach to cybersecurity. The Internet Service Providers' Association of Nepal (ISPAN), established in 1998, works closely with the NTA, Nepal Telecom, and the Ministry of Information and Communications to address issues affecting ISP projects. The Information Security Response Team Nepal (NPCERT), established in 2016, acts as the nation’s flagship cyber defense, incident response, and operational integration center.

Non-profit organizations like the Internet Society Nepal (ISOC, Nepal) and initiatives like the Cyber Security Research and Innovation (CSRI) contribute significantly to raising awareness and fostering innovation in cybersecurity. ISOC, Nepal focuses on the concept of a ‘safe internet for all’, following international standards and addressing relevant topics. CSRI, established as part of the cybersecurity domain Research Program, plays a crucial role in delivering impactful industry-focused cybersecurity analysis findings and innovative solutions.

Challenges

Limited awareness and education

One of the significant hurdles Nepal faces is the limited awareness and education regarding cybersecurity. Many individuals and businesses are unaware of potential threats and lack the knowledge to protect themselves effectively. This knowledge gap creates a breeding ground for cybercriminals to exploit vulnerabilities.

Inadequate infrastructure

The country is grappling with inadequate technological infrastructure, hindering the implementation of robust cybersecurity measures. Insufficient internet penetration and outdated systems make it challenging to establish a secure digital environment. 

Lack of regulatory framework

Nepal’s regulatory framework for cybersecurity is still evolving. The absence of comprehensive and up-to-date laws and regulations leaves gaps that cybercriminals can exploit. A clear and enforceable legal framework is essential to deter cybercrimes and provide a basis for prosecution.

Insufficient collaboration

Cyber threats are borderless, and effective cybersecurity requires collaboration across sectors and borders. In Nepal, there is a need for improved collaboration between government agencies, private businesses, and international organizations. Siloed efforts hinder the ability to share threat intelligence and respond promptly to emerging cyber threats.

Shortage of skilled professionals

The shortage of skilled cybersecurity professionals is a global challenge, and Nepal is no exception. The demand for experts

in this field far exceeds the supply. This scarcity hampers the country's ability to develop and implement advanced cybersecurity strategies.

Suggestions

Educational initiatives

To address the awareness and education gap, Nepal should invest in comprehensive educational initiatives. These could include cybersecurity awareness campaigns, training programs for individuals and businesses, and the integration of cybersecurity education into the formal curriculum at all levels.

Infrastructure development

Prioritizing the development of technological infrastructure is crucial. Nepal should invest in upgrading its internet connectivity, supporting the adoption of secure communication protocols, and encouraging businesses to invest in modern and secure IT systems.

Strengthening regulatory framework

The government should expedite the development and implementation of a robust regulatory framework for cybersecurity. This includes legislation that defines cybercrimes, prescribes penalties, and establishes mechanisms for reporting and responding to incidents. Regular updates to the legal framework are essential to keep pace with evolving cyber threats.

Enhanced collaboration

Nepal should foster collaboration between government agencies, private sector entities, and international partners. Establishing a national cybersecurity coordination center can facilitate information sharing, incident response, and joint efforts to combat cyber threats. Cross-border collaboration is equally vital to address threats that transcend national boundaries.

Investment in skill development

Initiatives to bridge the skills gap should be a priority. The government, in collaboration with private sector partners, can establish training programs, cybersecurity academies, and scholarship opportunities to encourage individuals to pursue careers in cybersecurity. 

The author is pursuing BA LLB at Kathmandu School of Law

Have you ever stopped to wonder why our city seems perpetually shrouded in pollution and mired in chaos? Kathmandu now ranks as the seventh most polluted city in the world. The air we breathe has become increasingly unhealthy, but what alternatives do we have? Unfortunately, there are very few. We’re forced to inhale harmful pollutants with every breath, trapped in a cycle of environmental degradation.

Dust permeates every corner, with masks now a ubiquitous sight reminiscent of the Covid-19 pandemic. The beautiful city of Kathmandu has turned into a dusty, polluted landscape where even breathing is a struggle. Is this the fate we’ve resigned ourselves to? What’s behind this alarming deterioration?

Our carbon emissions are going up. It seems that a bike is necessary for a simple trip to the store, and a car for city exploration. Few are willing to rely on their own two feet for transportation, exacerbating the problem. The emissions from vehicles, including carbon monoxide (CO), nitrogen oxides (NOx), and volatile organic compounds (VOCs) significantly degrade Kathmandu's air quality, posing serious health risks.

Furthermore, the widespread use of air conditioners only adds to the environmental strain. The haphazard construction of buildings, often at the expense of trees and hills, coupled with the indiscriminate burning of plastics and waste further compounds the issue. The once-clear view of the mountains is now obscured by polluted air.

Kathmandu, nestled like a bowl amidst verdant hills, traps pollutants within its confines, exacerbating the problem. Dust and dirt pervade every aspect of life, turning even a white T-shirt black by day’s end. It’s disheartening to witness the accumulation of grime on items left outside.

Blame cannot solely be placed on the government; individuals must also take responsibility for their actions. Those who fought for democracy and brought about change in our country must be able to effect change once again. By uniting, we can make a difference. What if we opted for communal transportation like buses instead of individual vehicles? What if we chose to walk short distances rather than rely on motorbikes?

We’re all too familiar with the health consequences of living in such a polluted city: Asthma, heart diseases, lung cancer, and more. It’s imperative that we assess our carbon footprint and remain conscious of our actions. The environment cannot wait for us to act; it’s time to transform our dusty bowl into a harmonious sanctuary. Our environment profoundly impacts our health, and it’s up to us to improve it. Though it may not have been our top priority, the environment cannot be neglected any longer.

Nepal’s strategic location between two major powers, India and China, makes it a crucial player in the geopolitical dynamics of the region and beyond. The country’s location between the two rising, competing and conflicting powers of Asia (China and India) makes it important for Western powers to strike a strategic balancing act in the region. In this situation, Nepal’s strategic location between two of the emerging countries of Asia makes it imperative for the US to launch a regional maneuver. 

In addition, the US and India maintain strategic relationships in the Asia-Pacific region and Quadrilateral Security Dialogue (QUAD). Global power is shifting toward the Asia-Pacific region with strategic bipolarity between the US and China creating several implications for the global order. These developments indicate that the US-led ‘unipolar world’ may not last last long, making way for a multipolar world with China as one of the power centers. 
In recent years, increased cooperation between India and the US through Washington, DC-led projects like the Millennium Challenge Corporation (MCC) is being seen as a counter to China’s BRI in Nepal. China’s debt-based approach to BRI raises concern about the impact of it on the stability and sovereignty of recipient nations, including Nepal. At the same time, MCC has made significant progress within a short span of time, particularly in Nepal’s energy sector, whereas none of the Chinese projects that Nepal signed under BRI in 2017 have materialized/progressed. 

The US believes China’s BRI project is not just an economic initiative but also a geopolitical one and is part of China’s border strategy to expand as well as deepen its global influence. It believes that one of the primary goals of BRI is to export Chinese development and influence, particularly in the developing world. The US-China bipolar strategic rivalry shows that both powers are in a race to influence each other’s ‘regions’. In this situation, the US strategic entry into Nepal and intense rivalry between BRI and MCC projects are reflective of these two countries’ growing competition in world politics.

China views a growing American role in Nepal’s development in recent years as a threat to its presence in the region. Historically, Nepal’s strategic location has shaped Beijing’s delicate balancing act. 

On its part, Nepal presents a range of opportunities for both India and the US, including ensuring stability and security, facilitating economic growth and promoting democratic values. Both countries have also collaborated on advancing Nepal’s legal system, protecting human rights, promoting gender equality and countering Chinese misinformation. Thus, strategic cooperation between India and the US has fostered sufficient trust to see no significant opposition from India regarding the US-led diplomatic efforts in Nepal. All in all, shared interests of India and the US in Nepal provide a strong foundation for cooperation and coordination between the parties involved. 

China has come up with three new initiatives—Global Security Initiative (GSI), Global Development Initiative (GDI) and Global Civilizational Initiative (GCI), which, per Chinese officials, fall under the BRI umbrella. These initiatives, according to the officials, aim to eliminate the root cause of international conflicts, encourage joint international efforts to bring more stability, improve global security governance and promote durable peace and development in the world. But Nepal has reportedly conveyed its unwillingness to join GSI due to risks of data security, unequal distribution of benefits, looming economic dependence, transparency and debt risks. China’s BRI was also seen optimistically initially, but there has been no progress in the past five years even after signing of an MoU with the strategic community seeing a risky amount of debt and a way for Beijing to use its debt leverage to pursue ambitious strategic plans in Nepal. Though 35 projects were originally identified under BRI, Nepal later brought them down to nine. Still, no government in Nepal has committed to moving ahead with these projects due to “concerns over unclear financial terms of Chinese loans”. 

According to diplomats, the Nepal-US relationship is entering a new phase. The US has three distinct interests in Nepal: Political, economic and strategic/military. In terms of strategy, Nepal’s geopolitical location as a gateway for emerging global powers India and China has shaped US interest in Nepal. Different aid programs and a series of high-level visits in recent years are a clear-enough indication of increasing American engagement in Nepal.
Given this context, Nepal must pragmatically balance competing objectives of India, China and the US to advance national interest and priorities. But our governments have largely failed to take timely decisions and initiatives for national development as well as economic upliftment.

The US’ shifting policy toward Nepal is understood as part of the current global power transition. In Nepal, the US-China rivalry has become more visible over the last few years, presenting a great challenge of taking both MCC and BRI together, and balancing the interest of prevailing superpower and emerging superpowers.

Views are personal

Gender inequality has been a pervasive issue across the world for centuries, and Nepal is no exception. While significant strides have been made in recent years to empower women in the professional world, there remains a glaring disconnect between advocating for gender equality in public spaces and the reality of gender roles within home. Nepal, like many other societies, faces a paradox where women who advocate for gender equality at work often find themselves subjected to traditional gender roles at home. This dichotomy not only undermines their efforts but also perpetuates the cycle of gender inequality. Women continue to face societal pressures to conform to traditional gender norms, despite their achievements in various professional spheres. It is high time we align our actions with our words and truly address gender inequality at its core.

In recent years, Nepal has witnessed an encouraging shift toward gender equality in professional environments. Female participation in panels and conferences has increased, enabling diverse perspectives that were once underrepresented. The appointment of female leaders in organizations has increased, marking progress toward breaking the glass ceiling and providing women with opportunities to lead and thrive in previously male-dominated sectors. Furthermore, the rise of gender specialists and activists has led to more discussions around gender dynamics in the workplace, raising awareness of the issues women face and creating spaces to dismantle patriarchal systems. This has led to a more inclusive environment where women can voice their concerns and aspirations freely.

The importance of fostering gender equality at home cannot be overstated. Charity begins at home, so does gender equality. If women themselves are not treated equally within their families, it sends mixed signals and perpetuates a culture where equality is merely a façade. The burden of managing both a successful career and fulfilling traditional roles can be overwhelming for women, and it hinders their ability to fully participate in public life.

Though social norms may be evolving, many married women, even those who have achieved success in their careers find themselves facing societal expectations to be the ‘ideal wife,’ ‘obedient daughter-in-law,’ and ‘dutiful mother.’ Being unmarried by choice is also a challenge for women who become the focus of gossip and sexual harassment. These ingrained expectations place a heavy burden on women, potentially stifling their personal growth and perpetuating the cycle of gender inequality. But men too face pressure to marry and though they enjoy more freedom the pressure of being the breadwinner can also stifle their personal ambitions.

Many women who feel empowered and confident, advocating for themselves and fellow women, face a reality where traditional gender norms dominate their domestic life when they return home. This dissonance between their professional and personal lives reflects the underlying issue we need to address: Gender equality must be an all-encompassing ideology rather than just a professional front.

It is time to bridge the gap between advocating for gender equality in public and private spheres. Encouraging female participation in the professional world is just the beginning. To truly practice what we preach, we need to address the root causes of gender inequality, which are often deeply embedded in cultural norms and beliefs.#

To challenge traditional gender roles, education and awareness are vital. How can girls develop confidence in schools or boys change their behavior, when patriarchal and stereotypical messages continue to be disseminated?  By definition, patriarchy is a system where powerful older men control women as well as younger men (sons, brothers, men from lower castes). Overcoming these challenges involves not only revising textbooks to eliminate gender biases but also implementing comprehensive awareness programs that promote gender equality in schools. By incorporating inclusive education strategies and instilling a sense of empowerment, schools can play a pivotal role in nurturing the self-confidence of girls and help boys develop a different masculinity, paving the way for a more egalitarian and empowered generation.

Breaking away from traditional gender roles starts within the family. Parents should encourage their children, regardless of gender, to pursue their passions and interests. It is challenging for girls to pursue their dreams, when they are subjected to humiliating practices like chaupadi, which is prevalent in Western Nepal, but also practiced in milder forms in urban middle class in Kathmandu.

Both men and women should be encouraged to take equal responsibility for domestic duties and childcare. This division of household chores based on availability rather than gender is a progressive step toward achieving true gender equality at home. Why do girls help their mothers in household chores when boys play sports in the street? Why do women prepare breakfast in the morning, while men indulge in fitness and sports at the same time? When men share the responsibilities of running a household, women can focus on their professional aspirations without compromising their personal lives. This not only empowers women, sets an example for the next generation, but also helps fathers and husbands to challenge ingrained gender norms. Gender equality is not just a women’s issue. Men must be active allies in the fight for equality. By challenging toxic masculinity and supporting gender equality initiatives, men can help reshape societal norms and create a more inclusive environment for everyone.

Nepal has made commendable progress in promoting gender equality in the professional world, with more women breaking barriers and assuming leadership roles. Despite positive changes in professional settings, it is essential to acknowledge that progress remains incomplete if women's identity in the household continues to be limited by constraining gender norms. However, for true gender equality to be achieved, we must challenge the traditional gender roles that persist within our own homes. By educating and empowering both men and women to break free from restrictive norms, we can ensure that our actions align with our words and build a more equitable and inclusive society for all. It is only when women and men experience gender equality within their homes that the fight for gender equality in the professional world gains true momentum. Only when we practice what we preach, both in public and private spheres, will we achieve the lasting change we aspire to see in the world. This consistency in practice is necessary to break free from the cycle of inequality and foster a society where everyone is empowered to achieve their full potential, irrespective of their gender.