Democracy is like a multi-headed chimera, but one of the heads is certainly the rule of law. The rule of law is equal to all, whether a king or commoner or whether a billionaire or a pauper. But the law in Nepal allegedly punishes the weak and protects the strong when it comes to corruption or smuggling
Nepal has been governed by the new constitution drafted by the Constituent Assembly. The heart and soul of this constitution is democracy. Democracy is like a multi-headed chimera, but one of the heads is certainly the rule of law. The rule of law is equal to all, whether a king or commoner or whether a billionaire or a pauper. But the law in Nepal allegedly punishes the weak and protects the strong when it comes to corruption or smuggling.
Evidence to the aforementioned statement is the inability of the investigating agency to summon former prime ministers Madhav Nepal and Babu Ram Bhattarai despite the verdict of the court. In fact, this is a mere representative sample. There are umpteen such cases going back to a long time in the past.
Maoist leader Krishna Bahadur Mahara is another example who has enjoyed enormous privilege despite being involved in the gold smuggling case. It is now apparent that Nepal was a haven for global gold smuggling. One of the politicians even supported it by saying that gold enters Nepal from outside and finds its way outside, bringing economic benefit to the country, and so it should not invite the hullabaloo it is generating now.
Mahara was held in high regard during the People's War launched by the Maoists, but now he has come down the political cliff. He carries a tainted personality as reflected by five years' imprisonment on account of sexual misbehavior meted to one of his subordinate office mates. Though Prime Minister Prachanda and Mahara himself have indicated that they are willing to support the investigation case, they have not been walking the talk so far.
The heavy weight politicians of Nepal are like the ace, the King, Queen and the Jack of the Court Piece card game. They go scot free because of their ability to deal a deathly blow during the play. In fact, an erring persona, whether great or a small, should face punitive action as per the law.
The crest jewel poet Lekha Nath Paudyal wrote badale jo garyo kama hunccha tyo sarba sammata, chhaina shankarko nanga magante bhesha nindita, which means whatever the Greats do are widely accepted, the nudity of Lord Shankar is not reprehended. However, that is not always the case in Nepali culture.
One mythic lore speaks of Lord Bishnu being cursed by Brinda, the spouse of the all mighty demon Jalandhar, and Bishnu had to languish in the form of a stone, the Shaligram, a bush, the Tulsi, and a tree, the Pipal. It happened after he destroyed the chastity of Brinda by appearing like Jalandhar in disguise. He did it out of compulsion as the demon had tormented the Gods, and Bishnu had to step in as he is considered the protector of the Hindu pantheon, the other two being Brahma, the creator, and Mahadev, the annihilator.
There is another example of revered saints having made submission to the rule of law. Saints like Biswamitra and Basista were the court teachers, and they were held in high esteem by kings like Dasarath, the father of Ram. One day the messenger of Chitragupta, the assistant of the Hindu God of Death, Yama, and also the registrar of the dead, informed the saints to submit to the inevitable death. The saints resisted by saying that they were the teachers of God and thus immortal. They did not need to face death.
However, God said that nobody could defy death, and one day or the other everyone had to yield to it. God said that he himself takes several incarnations, which is nothing but bowing to the unavoidable. After waking up to this reality, the saints requested God to infect them with such a disease that would allow a living being to die while talking till the end so that they could breathe their last reciting the name of God. God is said to have invented Arbud, the cancer disease. One sees that a cancer patient often departs talking till the very end.
In Nepal, the king was above the rule of law. This was also the case in England and France. Consequently, King John of England issued the Magna Carta or the Great Charter of Freedom, which among other things put the king under the law. Similarly, constitutional monarchy was exercised in Nepal after the People's Revolution, led by the Nepali Congress, caused the downfall of the tyrannical rule of the Ranas and ushered in a new era of democracy.
But King Mahendra banned the political parties and dealt a fatal blow to democracy in 1960 while it was in its nascent stage, putting himself above the law. Again democracy was restored through a People's Movement in 1990, reducing the absolute monarch to a constitutional one.
Nepal became a republic after the constitutional monarch, King Gyanendra, abused democracy and again started performing like an absolute monarch, with the result that he had to retreat to his private residence, Nimal Niwas, from the royal mansion, the Narayanhiti Palace.
But the post republic era in Nepal has witnessed the emergence of neo monarchs in Deuba, Oli and Dahal. The republican leaders have been preaching the supremacy of the law like the elephant's tooth for display. Like its chewing teeth, these leaders have violated the law.
This is glaringly visible in the unwillingness shown to try former prime ministers Nepal and Bhattarai, not bothering to face the contempt of the court.
The failure to suspend Bal Krishna Khand after his implication in the Bhutanese refugee scam and Krishna Bahadur Mahara in gold smuggling, when it is the first step followed if bureaucrats are alleged to have engaged in corrupt activities, is a clear indication of the execution of the rule for the commoners and relief for the leaders. This is indeed the height of discrimination.
A version of this article appears in the print on August 22, 2023, of The Himalayan Times.
