Kathmandu, Nepal: The Civil and Criminal Code brought into implementation with much more fanfare replacing the decade long Muluki Ain has faced widespread wrath from different sectors. Not only the legal eagles but also the right activists and media fraternity have raised serious question over the motive and intention of the government even suspecting that incumbent communist government would have intended to curtail the fundamental rights guaranteed by the constitution.
Challenging to the recently implemented Civil and Criminal Code, a writ petition has been filed at the Supreme Court (SC) on Monday arguing that some provisions of the Codes are contradictory to the constitution. The writ petition filed against of the code just after four days of its implementation is taken meaningfully.
Advocate Yagyamani Neupane filed the petition naming the Office of the Prime Minister and Council Ministers, the Ministry of Law, Justice and Parliamentary Affairs, Federal Parliament, Federal House of Representatives, and Federal Upper House as defendants. He has a demand that eight provisions of the new Civil and Criminal codes have to be quashed to respect the fundamental rights guaranteed by the constitution.
The codes were come into implementation on August 17 replacing the decades long Muluki Ain implemented by first Prime Minister Jung Bahadur Rana about 165 years ago.
The restriction on taking photographs without permission mentioned under the section 295 (1) of the new criminal code contradicts Article 19 (1) and (2) of the constitution, the petitioner Neupane has demanded that the SC has to scrap the provision to make compatible the code with the constitution.
The petitioner has also demanded to scrap the provision of the code mentioned in the Section 231 that allows taking action against medical persons with suitable one. Likewise, media fraternity has also been protesting the provision demanding the guarantee of free press.
As the provision of the code discourage even the medical professionals to recommend any medicine fearing that it could injure or take the patient’s life, doctors could stop treating patients due to the fear of legal action, the petitioner has stated demanding appropriate provision to make compatible with the Article 17 (1), 30 and 35 of the constitution.
The Nepal Medical Association (NMA), the umbrella body of doctors, has already protested the code even warning the government to launch the protest programs including halting their services and handing over their medical licenses to the Nepal Medical Council if its demands are not addressed within 15 days.
Section 126 of the Criminal Code related to the begging by beggars has also been demanded to correct arguing that the provision has infringed upon the beggars' right to food as guaranteed by Article 36 of the constitution.
Likewise, the section 119 of the Criminal Code has also been demanded to correct claiming that prohibiting publicity of prostitution is not criminalized by any existing law. The petitioner has a demand that the SC has to make the provision suitable keeping in mind the public morality and dignity under Article 17(1) (F) and 38(3) of the constitution.
Section 154 of Civil Code related to the property has also been demanded to correct with suitable one provision.
Likewise, lawmakers even from the government head Nepal Communist Party (NCP) have demanded amendment in the civil and criminal code. The lawmakers have registered their amendment proposal demanding amendment in some provisions of the code.
