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Every step of Wagner in Rostov-On-Don was seen as a rebellion against Russia’s top military brass, and many analysts even claimed an advantage for Ukraine as Wagner fighters claimed control of military facilities near the Ukrainian border. The Wagner forces, however, then moved to Belarus and made Poland aware of their presence, resulting in the deployment of large-scale troops along the border. This has raised the question of how big a role PMCs play in wars between nations and whether there is any need to create a counterforce to limit the rise of Kremlin-registered PMCs. 

The answer probably lies in the South Asia or Indian subcontinent at large. The region, with its large population of digitally savvy youths, can play an influencing role in probably all recognized domains of warfare like air, water, land, space, and cyber, as each country in the region comprises highly dedicated soldiers whose values are registered in every continent where colonial masters deployed them; the memorials of Indian soldiers are kept in multiple countries; Nepali soldiers are respected for their spirit with a famous quote from Gen Manekshaw resonating around the globe: “If a person saying to not fear death is either lying or he is a Gorkha soldier”. 

Bangladeshi and Bhutanese forces are also recognized and awarded by the UN for their contributions to peacekeeping.

There is a high possibility that by harnessing battlefield strategies, the former Indian decorated officers can move ahead in registering their own corporations that can include soldiers across the Indian subcontinent and also include foreigners to give a competition to the ascendancy of Wagner. The only stronger group capable of countering Wagner apart from the one headquartered in South Asia can be from Israel, where citizens are nurtured since childhood to learn how to defend the soil, and they narrate incidents that sound like stories with their secretive missions. If not as a separate group, the Israelis might prefer working with an Indian subcontinent-led group as they have worked with Indian soldiers on counter-terrorism operations for decades, and both forces have great mutual respect for each other. This friendly bond might prevent the youths from joining Wagner, which is more of an individual-centric force.

While Wagner enjoys the privilege of owning sophisticated weapons, it will not be difficult for the PMC from the subcontinent to compete, particularly due to the ongoing startup revolution in India that is home to several companies that can use their skills to design arms and ammunition on a par with Wagner. The Indian subcontinent PMC, led by former military veterans, might not utilize a large number of prisoners on moral grounds.

The South Asian-led group is also expected to receive support from the USA, as their Blackwaters and Academies are not in a position to challenge Wagner, and its regular military force leaving Afghanistan has contributed to erasing the image of a global powerhouse built after the elimination of Osama Bin Laden. Further, the USA’s ongoing tensions with Iran and China will prevent it from deploying its regulars and reservists against Wagner mercenaries in any form.

Can South Asia fight as a unit?

While SAARC is yet to achieve its mission and vision for bringing unity, the countries, in their individual capacities, have displayed strength of unity and valor at UN peacekeeping missions deployed under the United Nations. The South Asian countries’ militaries in particular are appreciated globally for displaying the highest ethos in all battles, even with Pakistan, where the Indian soldiers gave due respect to the bodies of Pakistani soldiers who came as civilians during the Kargil War, and the same Pakistani soldiers were not recognized by its own leadership. Despite territorial disputes and misunderstandings, India has a good bond with all South Asian member-states save Pakistan, and India conducts annual military exercises to share the best practices. In the society of the youths from Pakistan and India, when they move abroad, even to their colonial masters, the British, they are found to live in harmony and also have developed relationships, in a few cases even extending to marriage. The only challenge to the unity in South Asia from creating a PMC is Pakistani-based extremists who can influence unemployed youths with anti-India sentiments by telling stories that feed the extremist ideologies.

What does the future hold?

Wagner chief Prigozhin’s demise leaves a big question for not just Wagner and its global operations but also for the contemporary geopolitics being closely monitored by the US and the UK. His death is not much of a surprise though, after an attempted “march for justice” about two months ago referred widely as a mutiny against Russian President Vladimir Putin, who has a history of silencing the voices raised against his authority. While the west is publicly pointing fingers at Putin by floating numerous stories like a missile hit or a bomb inside the plane carrying the Wagner chief, there is not yet a final confirmation on the crash. President Putin has offered his condolences and remembered Prigozhin and Wagner for their contributions to a common cause of fighting the neo-Nazi regime in Ukraine. Interestingly, apart from Ukraine, Wagner’s role is instrumental in increasing Russian influence in Africa and Prigozhin’s contribution to the establishment of a business empire there. 

The last video message from Prigozhin makes it clear that Wagner’s services, especially in a militancy-hit West Africa, is set to increase with the people’s love for Wagner rising every day. Niger, which witnessed a coup recently, may be a case in point. 

The Wagner group today is not just about mercenaries. It is a company operate mines and logging companies, it is involved in oil trade in Syria and knows how tough it is to handle multiple businesses. In its bid to rule out chances of challenges from the group again, the Kremlin might consider fragmenting Wagner into different businesses and also merging a few. Besides, Wagner is not the only group at the beck and call of the Kremlin. Though not as effective as Wagner, other groups like Redut and Convoy also report to Russia’s defense ministry. 

Apart from Russian participation in the game, any of the three likely scenarios may emerge: This includes Wagner’s intelligence unit holding supremacy by surpassing western intelligence agencies, including France’s DGSE. Notably, President Immanuel Macron recently showed dissatisfaction over DGSE’s failure to prevent the Niger coup. Wagner has started recruiting Nepali youths in their units. Indian Agniveers not retained in the army after completion of their limited service periods may prefer joining such PMCs. In other neighboring countries, the outcome may not be any different: Youth, after a fixed term of service, may join PMCs over the national private security companies, where they now get a mere salary.

Secondly, the former military top guns may form a uniform body with all existing Private Security Companies (PSCs) in registering their own corporations by including soldiers across the Indian subcontinent as well as foreigners. Thirdly, Wagner and its merged group may recruit fighters by establishing offices in the whole of South Asia, thereby serving as the monopoly in the field of PMC and offering the ‘one-stop solution’ to all small countries with its large arsenal of arms and ammunition. 

One fact won’t change, though. 

The smaller countries will have to outsource their militaries to the PMC or take help from them in their military affairs to ensure they are not overtaken by other nations that condemn such recruitments but support coups at the same time.

The law regulates the relationship between community members. It’s often said that a law works as a tool to provide solutions for the problems of human beings.  The legal mandates can never be a combination of meaningless and purposeless words.

In fact, laws are tailored in pursuance of social reality.  The words, like help, support or social relations have been the hallmarks of Nepali society. The competent Parliament of Nepal has enacted a fair corpus of laws that recognize the prevailing culture of helping and extending support to fellow community members. Of many, there is a law on usufruct which has a robust base on supporting and helping others in good faith. 

The usufruct law aims to promote social relations. After all, we have seen a large chunk of people showing social solidarity with the people and the government at the time of their need. On a societal level, many rural folks stay at the flats of their known ones in urban areas for education and employment purposes. This way, our society has been caring and acting in a socially acceptable manner since time immemorial.

This respect, the law on usufruct envisaged under the National Civil Code, 2017 endeavors to protect social relationships and promote fraternity among community members. A usufruct is the combination of two property rights, “usus” (i.e., right to use something without damaging something) and “fructus” (i.e., right to enjoy the fruits of the property being used).  

Taking care of other’s property     

Section 352 of the Civil Code envisages that the owner of the property—be it movable or immovable—may allow others to use or enjoy his property free of cost. In fact, usufruct is an opportunity created by the owner of a property for his un/known ones to avail the benefits, use or enjoy his property for certain duration in good faith. However, it’s neither the transfer of title, nor is it the transfer of ownership.

It’s like a contract whereby the owner allows the possessor to use or enjoy his property for a stipulated period and return him the same in the same manner and in the same position without causing any damage to it. This respect, it’s a matter of trust excelled by the owner of the possessor.

The consent of other coparceners is necessary while giving any immovable property—like land or trees bearing fruits—in usufruct (Section 354). The usufructuary, the person who uses the property obtained by way of usufruct,  shall use or enjoy the property in good faith and adopt due diligence and care of the same (Section 355). The possessor of usufruct is entitled to file a lawsuit for the protection or enjoyment of the property (Section 355(4)).

Conditions

As the usufruct does not confer ultimate ownership, the possessor is not entitled to make alteration in the substance and form of the property without the consent of the owner. The usufructuary may lend the property on rent, lease or mortgage but with the consent of the owner. There shall be no requirement of written deed in case where the rent amount does not exceed 20,000/- per month (Section 358).

Sections 359 and 360 again remind that the possessor would have a duty to maintain and adopt reasonable care of the owner’s property. Section 361 casts a duty on the usufructuary to clear the bills, like electricity bills or water bills and other taxes. Section 362 provides for the duty of the usufructuary to inform the owner about any encroachment or damage caused to his property.

Limitations

Above all this, the usufruct cannot be everlasting. In case of natural person, the contract of usufruct would cease at the instance of the death of the usufructuary, i.e., the legal person holding the property by usufruct; or at the completion of 49 years of usufruct contract or whichever is earlier (Section 363).

The usufruct contract comes to an end at the dissolution of any institution; or at the completion of 29 years; or whichever is earlier—in the case of an artificial person.  If the usufructure is more than one, the usufruct would deem to be terminated on the date on which the last survivor usufructuary dies. The usufruct would also come to an end at the accomplishment of a purpose.. 

The owner could terminate or cancel the contract at the instance when it is found that the property in usufruct is not safe or wrongly used, abused or damaged (Section 364). The owner has the power to take his property back in possession at any given time. But, if the usufructuary does not wish to enjoy the property obtained under provision of usufruct, he may return such a property to the owner at any time by giving a notice of at least 45 days (Section 365).

Section 367 is the statute of limitation which prescribes that an aggrieved party (in usufruct) could file a lawsuit within six months from the date of commission of an alleged act.

Social support

The usufruct may be established over every kind of property, like movable and immovable property. In Nepal’s case, the general implementation of usufruct law could be seen in case of farmhouses, houses, farming lands, among others. The owner of a property could yield income from his property with the help of usufructuary.

Of late, it’s hard to trust someone. Our society is witnessing cases of criminal breach of trust, cheating, fraud and cases of illegal occupation of property on a daily basis. These incidents have led people to think twice before allowing someone to step into their property as a usufructuary. Nevertheless, our substantive and procedural laws are there to punish the outliers.

“The earth belongs in usufruct to the living,” said Thomas Jefferson. We can think of Jefferson’s earth as a place where a disadvantaged group or possessor (in general) is allowed to use and enjoy the fruits of the owner’s property without causing any damage to it. The mechanism of usufruct provides opportunity for a large chunk of people to reside at other’s place, cultivate other’s farmland, or yield income from other’s property or generate income and benefit for and from the owner of a property.

Way forward

As a matter of fact, it’s beneficial to the possessor as well as the owner for a number of reasons.

In usufruct, the owner’s property remains safely managed by usufruct and the latter finds it an opportunity to use and enjoy the property of others for a certain period. Secondly, the usufructuary could generate income for the owner by way of lease or other mechanisms but with the consent of the owner.  This way, our law endeavors to tighten the bond of social solidarity. It aims to bridge the gap between haves and have nots and attempts to promote fraternity. It’s high time to rejoice the social solidarity among the community members and to promote the message of usufruct, for our society deserves to support each other to survive and thrive in a bond of trust.  

Lord Krishna was such a God, who saved this earth from the cruel clutches of Kansa and Kaurava  both. This savior of the world, this darling of Gokul and Mathura, gave humanity a message of love and affection. He preached to the great warrior Arjun in the battlefield of Kurukshetra that this world is transitory and there is no such thing called permanent relation. 

Per ancient scriptures like the Mahabharat, Krishna told Arjun, who was unwilling to war against his own kith and kin: You can liberate this world from injustice. You will not be called a warmonger but a true lover of mankind. So you have to fight this great war of Mahabharat at any cost to free yourself from the tyranny and terror of the Kauravas. 

For showing the path of righteousness, Krishna is remembered today with respect and reverence. Krishnasthami is celebrated in Nepal and India with great fun and fervor. 

Krishna was very fond of  Makhan (butter) in his childhood and he used to steal it from every household with his like-minded friends. That is why he is also called Makhan-Chor (the butter thief).

Krishnashtami is an annual commemoration of the sacred birth of Krishna, the eighth Avatar of Lord Vishnu. This festival is observed on the auspicious eighth day (Astami Tithi) of the dark fortnight of the month of Bhadra every year with pomp and show, especially in Tarai-Madhes and other regions where Vaishnavites, the adherents of Vaishnav Dharma, live. 

Krishna Lila, a Ramlila-like drama based on the life of Krishna, is staged at night every year as a special spiritual feature in these regions, by recreating flirtations of Krishna’s youthful days with the Gopinis (milkmaids) mentioned in the scriptures. 

Krishna was deep in love with Radha. He used to play the flute inviting Radha to come to him.   

Vidyapati, a pioneer poet from the Mithila region, has also narrated Krishna’s love toward Radha in many of his poems. He has painted several rosy pictures of their love as well as pictures of Radha’s sadness when she had to spend lonely and long periods of separation in Krishna’s absence. 

One of Vidyapati’s poems goes like this:

Who said,

The southern breeze was soothing?

Its gentle touch kills lonely women

And the pollen of flowers

Scorches like a fire

Trans. Deven Bhattachaya

(Love Songs of Vidyapati P 95)

This year, Krishnashtami falls on September 6—20 Bhadra, 2080 BS. The month of Bhadra is considered very much sweet and soothing. Devout devotees fast the whole day and they break their fast at midnight when, per the Veda, Upanishad and other religious scriptures, Kishna was born.

Observed with much fanfare across the country, this auspicious day not only signifies the pious birthday of a Vishnu incarnate but also of a divine preacher, who inspired the whole of mankind with his divine knowledge and supernatural powers. Krishnashtami is not merely a ritualistic celebration, but also a day of eternal and everlasting religious significance. Western customs and movements like the Hare Krishna movement (ISKON) draw from Lord Krishna and his teachings. 

Such is the eternal power of Lord Krishna. 

The author is a veteran linguist

When greed and shortsightedness are primaries in scheming economic policies and adopting other policies that have their roots in political instability and political impulses, nations fail, nationals are dissatisfied and the private sector is discontented.

Greed is reflected in policy-making and policy implementation. Sectors like infrastructure development, administration processes and contract administration offer examples. Greed has been the root cause for institutionalization of corruption and bribery. Incompetence, ineffectiveness and inefficiencies are on the rise in Nepal where economic policies derive through political desires to acquire wealth for political parties as well as for individuals. Unwarranted and self-interested longing for wealth and power on the part of powers that be results in poor infrastructure development works that takes a huge toll with development efforts producing sub-standard and unacceptable outcomes. 

Institutionalization of corruption, greed-led policies, programs and contracts is emerging as one of the major ‘threats’ for Nepal’s sovereignty, national identity and stability. 

Scams like the Lalita Niwas land-grab offer an example. Nepal’s Parliament remains susceptible to greed-led policies even as some voices continue to challenge such policies. 

In national policies, the occurrences of greed can have across-the-board outcomes. The aim is to observe the repercussions of greed-led national policies and examine their prospective magnitudes on numerous compasses, including economics, social welfare and governance.

Characterizing good governance

The availability of international aid and loans largely depends on the extent of good governance in a recipient country and efforts toward development. Good governance-documented literatures are as old as human civilization. They lay stress on curbing corruption, hearing the voices of the marginalized/underrepresented peoples in decision-making, addressing the needs of the society and maintaining applicable standards of the finished work. Good governance is accountable, consensus-oriented, effective and efficient, equitable and inclusive, follows the rule of law, is participatory, responsive and transparent. 

Governance is often led by fear and greed and an insecure personal character. Fear that an individual is not capable enough to be placed in a favorable position where there is more budget. Personal behavior, also known as the greed personality trait (GPT), is personified by the craving to obtain further and the discontent of not ever having adequate, a trait associated with negative emotions/effect characteristics and aggressive conduct. These negative traits are turning into a national character, a setback for policy-making and forming a greed-free society in the long run. 

There is an involvement of several formal and informal actors as well as the civil society in governance. It may be a political cadre, who can influence decision-making in the interest of international donors that come with monetary pledges. Governments at various levels are one of the actors. Other actors can be landlords, heads of various associations, cooperatives, NGOs, INGOs, research institutions, religious structures and leaders, finance institutions, political parties and the military. They all can play important roles in making/shaping policies. Also, organized crime syndicates have influence particularly in government structures at the national level where decisions are arrived at and implemented. Informal decision-making structures like informal advisors, kitchen cabinets, land mafia and powerful families can influence decision-making, which often result in corrupt practices. 

The 21st century global economic crisis or financial crisis of 2008 highlighted the obsession and eventual ferocity of greed. It was an illustration of the type of recurrent greed that is prevalent in the economic system. The Asian Financial Crisis 1997 is another example of political inaccuracy in economic policies that impacted Southeast Asia.

Democracy sold out

Nepal has her own characteristics and own identity that need strengthening through democracy, but the opposite is happening. Greed-led practices to gain wealth for personal well-being are rampant, causing the investment meant for the nation to go waste.  It can be argued that the nature of corruption in democracies and autocracies for reforms are mere facades as there is corruption in infrastructure, tax collection, cross-border trade and government procurements.

This is part I of a two-part-series. 

The author is a Strategic Analyst, Major General (Retd) of the Nepali Army, and is associated with Rangsit University, Thailand