The old Muluki Ain introduced by Jung Bahadur Rana in 1853 has been replaced with the Muluki Ain (Civil Code)-2074 on 17th august, 2018. Some old provisions that were flawed and had become outdated are replaced with the implementation of the new Muluki Ain. The new Civil Code has embarked a new era of legal system in the country. But some faulty provisions have sparked controversies particularly in the front of freedom of press. Article 293 of the criminal code tries to seize that power from the press going against of the fundamental spirit of the democracy. Likewise, medical professionals particularly the doctors have also protested some provision of the code. Nepal Medical Association, the umbrella body of doctors across the country, has expressed its serious reservations against of the code because it is provisioned in the code that a medical practitioner would face action similar to a murder charge if patients lose their life due to negligence during treatment. Similarly, the medical practitioner would face three years behind bars and a fine if reckless treatment leads to a patient’s disability. As the code has failed to illuminate about the extent of ‘negligence and reckless treatment’, it is quite genuine to raise such a question mark against of the provision.
The Civil Code has made the provision to curtail the right of the freedom of press in the mean time when the critics used to suspect that the incumbent Nepal Communist Party (NCP) led government would attempt to impose communism authoritarian regime in the backing of two third majorities in the parliament. We have no intention to defame the government casting doubts unnecessarily because the Prime Minister KP Sharma Oli has repeatedly been expressing commitment to ensure the freedom of press as guaranteed by the constitution. But the provision of the code has created a flame of doubts. The provisions of the code related to the press seem to have intended to suppress the freedom of press. As the code has provisioned that violation of individual’s right to privacy can result in up to three years of imprisonment and fines in thousands of rupees, there is no point to justify that the code can protect the freedom of press. Likewise, another ridiculous provision of the code is that listening to or recording a conversation between two or more people and photographing any individual without their consent have been categorized under criminal offence and with the person found to have committed this act being liable to face one year in prison and a fine of Rs 10,000 or both. The provision devalues the spirit free press by keeping the media persons under trepidation of the code.
As a free press is not idealism but the blood of a functioning in the democratic society, why the government attempts to curtail the freedom of press even going against of its own commitment? Democracy needs a vibrant and free press and all the media should be made powerful not only to compel the leaders and politicians accountable for their action but also to control the corruption, inequality, sexism and many other crimes of social crimes. Nepal needs strong free press like as any other democratic country to institutionalize the federal democratic system. The so-called pundits of the government should have a realization that the new code has created an environment of fear and confusion in the country. Nepal government should reconsider its stance over the provision realizing to the fact that democratic institution would not live on and anarchy would be on the horizon if the foundation of the fourth pillar becomes scornful. The government should not delay clear the confusion through the amendment in the provision.
