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Posted on April 1, 2012 by Rajib

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The farcical saga at Kantipur

Posted on February 3, 2012 by Rajib

Since I blog here as well, you can find the slightly updated post here: http://talkingforum.wordpress.com/2012/02/03/the-farcical-saga-of-kantipur/

(If any errors are there, I will do additional editing tomorrow and link to old posts tomorrow.). Happy Reading

The question of standard of Nepalese Journalism has once again been exposed. You can ask me, “Was there any standard at all in the first place?”. I thought it had. It had, I thought, especially after an Editor of Kantipur, supposedly the largest selling Nepalese National Daily, promises on the public forum that he will come with some sorts of clarifications on the issues of plagiarism by Kantipur (Yes, plagiarism by Nepalese National Daily Kantipur and not merely by an individual Reporter). However, the Paper fails to respect the views of the Editor and in effect, shows the middle finger to the readers and Critics of the papers who tried to correct a self declared intellectual and spoiled brat on small values of Journalism and values of feedbacks of his readers.

Though I said the promise was made by the Editor on Public Forum, it was in reply to two followers in his twitter account and he can state that he made a private promise if he wants to. Since the promises were not directly made to me, he can well question my ability to question him. However, we see the editor of a national daily in many ways: a public figure and a responsible institution to the people and readers of this country as much as he would have liked our political leaders to be responsible. Otherwise, if editors are to lose the confidence of the readers and the people, the nib of their pen would not last longer and they lose all their ‘barking ability’ when situations demand.

Going to the root of the matter and to present the facts in a succinct way, let us revisit the few events that have unfolded recently and in a recent past.

The Friday Supplement of Kantipur Paper seems to be fairly popular among the Nepalese Youth and it seems to contain contemporary topics on social, political, technological, lifestyle and sports etc. matter in a light hearted matter. The Supplement named as ‘Hello Sukrabar’, being focussed for the youth seems to be managed by fairly young and immature groups with questionable education and journalistic credentials. However, since the paper was directed at large to the youngsters, it could not have been under intense journalistic priority of editors, nor even the readers complained much on the content and language where everybody acted to be in the modern phase of ‘high and bye’ generation.

However, occasional discomfort of readers with the tone, language and content of the ‘Hello Sukrabar’ was heard here and there in the past. At this stage, if the Editor of the paper had applied his mind, he would have definitely checked the multiplying arrogance of sharp but brash group who worked for Hello Sukrabar. But, rather than putting the system in the place, even some of the relatively senior journalists came to the rescue and defence of that rash gang at Kantipur and perpetuated a persecution of readers views not on any rational argument but trying to show all the readers who are critical of the writings as dumb. This has definitely tarnished the image of Kantipur among the young readers who thought that Kantipur represents a temple of truth and fair views. Otherwise, if it indulges in such a corrupt practices, whole edifice and ethics of Nepalese Journalism will crumble soon.

The problem in Kantipur is not rash mind making mistake as nothing better can be accepted from them but when the seniors, instead of reprimanding the juniors, spring to their defence with a confrontational question to the readers like “what moral right you have to tell us when you have not seen printing press”. This was the best Kantipur Joke ever we could have heard in the year 2011 and we thought it was over.

But, now, we realise Kantipur had saved the better one for the year 2012.

The issue was raised about the originality of Articles claimed to be written by Mr. Ashish Luitel a self-declared intellectual by his conduct in public forum. The number of Articles, till date, that are under the lens of originality are more than half a dozen and the so called writer has been questioned whether he copied them from New York Times. The Articles are related to the technology Sector.

The young journalist, if he can be called a one, who is most probably still flying high due to his ambidextrous ability of copying from other Papers and translating them in Nepalese Language, has admitted in his Twitter Account that he has made a mistake but ‘unintentionally’. Now, it is time for aspiring journalists to know if plagiarising more than 6 or 7 Articles can be called ‘unintentional’ what in earth would be intentional then?

Of course, the young journalist has not stated what mistakes he has done but has shown a turn around by saying that he appreciates the thoughts of valuable readers. It is very fresh in our mind that it’s not long ago that he treated readers not even with a respect that scum would generally entitled to. How come so much turn around? It is simply because he has been caught red handed and people have shown with comparison that almost 7 Articles Mr. Ashish Luitel wrote were actually plagiarised from New York Times Articles without any credit to original source. When the young celebrity Journalist was getting all accolades from the plagiarised articles, editor did not waste his time pondering about the unexceptional talent of a kid. or in my opinion, Mr. Editor was fully aware of the source of the articles but considered as if he was doing some sort of favour to Nepalese People by letting them to read in Nepali which otherwise illiterate Nepalese would have never been able to read from New York Times.

The murky nature of this matter raises several fundamental issues like what is the role of a paper in first place? Should not it promote new talents focussing on originality? And What should be the roles of editors? Are not they supposed to be the person who are responsible for choosing and deciding what will be printed in a Paper? Or the quality of Nepalese journalism is so low and editors are simply incapable, incompetent and are there only for namesake?

Well, giving a benefit of doubt to whole journalism filed, should we refine our question and ask Is Mr. Sudheer Sharma, Editor of Kantipur a simply incompetent man in helm of affairs in Kantipur who could not even detect 7 plagiarised articles being published in the paper? Even more incompetent to issue a genuine apology when the matter of plagiarism was brought to his attention? Or, is Nepalese journalism is stooping so low and making way for king of plagiarism to give a stardom in the short span of time?

The readers’ concerns should have been handled properly by the paper and after the Editor promised to clarify. However, the childish approach of Journalism was brought in focus when Kantipur issued a one line in its February 3, 2012 Hello Sukrabar that the source of Article published under ‘Wiki Tech’ should have been New York Times etc. and was omitted because of technical reason. This smacks of dishonesty in public and despises the readers. The one line which have been hidden somewhere in the bottom fails to tell us:

A. How many Articles were published where Credit of New York Times was omitted? (We, the readers have found till now 7 Articles. But, the King of Plagiarism can accurately tell to his editor how many such articles were plagiarised.)

B. With what heading and on which dates such articles were published? Or how come the source of such articles were missing over the period of time?

  1. Under Wiki Tech, only one authors plagiarised the articles and published them or Do Kantipur have band of plagiariser to write Articles under different ‘talented’ journalists?

  2. Especially, how they realised that the source is missing? And more importantly, what does source New York Times etc. means? Whom does the copyright of these Articles belong? Is it under Copyright transfer agreement with New York Times such articles were translated? These questions assume significance here as on readers’ views, the articles were plainly copied from a Single paper and translated to Nepali thereby violating the copyright of original article. Or Did Editor tried to say when he mentions ‘including New York Times’ that there are other articles which have been copied may be from Guardian, Times etc. etc. in the same fashion as were done with article from NYT?

These all above questions remain unanswered and we may never get answer to these issues so long as arrogant bunch rule the affairs of Kantipur. There is a need of regime change in Kantipur as well.

Let me think for a moment Mr. Editor was in a good faith when he promised that he will clarify the issue. May be he came under intense pressure from management, and junior and immature employees in the organisation and surrendered before their pressure. Whatever he did under whatever circumstances, when the prig like Mr. Ashish Luitel remain as a face of Kantipur, and any street urchin with questionable education and qualification keep on becoming journalist, there will not be a day that far when another farce like these will not be repeated.

The pusillanimity that has been exhibited by Editor Mr. Sudheer Sharma is another wasted opportunity for mainstream media to show a brave face among the public. However, this farcical saga called Kantipur and its established practice of ‘Quick Guide to be at the top with the help of…………(U know what)’ hopefully will not last long and we can only hope we need not have to voice again on ‘unmeritorious topics’ which have inglorious conclusion!

Condemn the Plagiarism!!

Posted in Uncategorized | Tagged , , | 2 Comments

Reforms Necessary in Nepalese VAT Law

Posted on January 19, 2012 by Rajib

Reforms Necessary in Nepalese VAT Law

Value Added Tax (‘VAT’) was first introduced in France in 1954 and today, it has been implemented worldwide with tremendous success. In Nepal, after intense debate and deliberation, it was implemented first in 1997. However, it is felt that its positive impacts are yet to be fully realised even after almost 14 years of implementation. The main problem that the government is facing each year is lack of compliance by all taxpayers due to various reasons.  In this article, a brief attempt has been made to analyse the radical changes those are required in Nepalese VAT laws with the changes on the ways the business and trades are carried in modern times.

First, to start with the positive impact that VAT laws brings is taxation at every stage of supply chain and credit to taxes paid on inputs and on input services. Therefore, the foremost good factor that VAT laws bring is the removal of cascading effects. The term cascading effects refer to ‘tax on tax’. Therefore, VAT shuts door for multiple taxation, thereby removing cascading effects in supply chain as every buyer and seller will be entitled to avail input tax credits and adjust its credit with its output tax liability. In principle, we have understood VAT laws to be so.

However, in practice, not necessarily the implementation of VAT laws always removes cascading effects. Therefore, we need to have an effective and good VAT law that alone brings the intended consequences to the tax payers. In practice, what has been observed is the concept called ‘exemption of taxes’ on ‘exempted goods and services’ which act as a barrier to smooth supply chain. Mainly, the essential goods and services, for example rice, pulses, flour, fresh fish, kerosene, salt, health services, contraceptives, medicine etc. are exempted from payment of VAT on a simple rationale that these commodities and services are essential for human survival and imposition of taxes will increase the price of these products thereby making it inaccessible and expensive for poor citizen of our poor country. Morally and ethically too, this sounds a great welfare measure taken by the state. But, in practice and in a world which is full of profit making enterprises, this rationale does not work so greatly as think it to be. We can understand the tax exemption behind the agricultural products like wheat, paddy, flour etc. and agricultural tools, shovels, etc. But, Nepalese VAT law even exempts taxes on air travel, gold and silver, mobile phone set etc. which is beyond anyone’s understanding and these types of exemptions have only accentuated the obstacles to smooth supply chain.

While the output goods and services are exempted from the payment of taxes for those goods mentioned in Schedule – I of VAT on its output side, it may not be so in case of input goods/services. Therefore, a vendor who purchases raw materials and services, and manufactures an exempted product, say medicine, cannot utilise its input taxes that it has paid on inputs. Its input tax credit will go to become a sunk cost. In this situation, the only options available to the manufacturer/seller would be to add up the cost of taxes paid in inputs in its final outputs and pass that cost to the customer if manufacturer/seller has to keep its business running. Therefore, while declaring certain goods/services as exempted goods/services, the government is not doing any yeoman’s service to its citizens except those few essential goods.

Keeping goods and services exempt will also have another round of disadvantages – that is to the vendor which buys these exempted products and services, utilizes these input goods and services for manufacture and sells its outputs which are taxable in nature. In this case, this vendor will not have any input tax credit and has to collect the tax amount from the public/customers, which will only increases the price of these products.

Internationally, it has always been a moral dilemma among legislators/governments to frame effective VAT laws containing provisions that leave entire supply chain unaffected. Since revenue and fiscal laws stand on the different footing than other laws, they are enacted as per the economic and fiscal needs of the nation unlike other general laws which may be enacted to curb one or the other evils. Government will also make use of tax laws to control the flow of goods and services as per demand of the country on the prevailing economic condition. Therefore, though it may be desirable not to have ‘exempted products/services’ at all, but practicality, does not allow this to happen. This is fully understandable. Having said so and being fully aware of the government’s constraints, the challenges posed by exempted goods and services in supply chain is not that difficult to address if genuine efforts are made and willingness are shown by the government.

Arguably, the easy and effective ways to curb the threat posed by exempt products/services are to make them taxable by declaring the rate of tax at Zero Percentage for these products/services. This is internationally known as ‘Zero – rated goods/services’. Our Nepalese VAT law has already enumerated this concept but only few categories of items and transactions find place in Zero-rated list.

Currently, the exports are Zero – rated which is in consonance with international tax principle that only the products/services be exported and not the taxes so that our products become competitive in international markets. Other Zero rated transactions in the list are the supplies made to industries located at Special Economic Zone (SEZ), battery used in solar power generation and manufactured by domestic manufacturers etc. The need of the hour is to reduce the number of items/services and transactions currently mentioned at Annexure – I of VAT and move them to Annexure – II so that exempt products would be converted to taxable one, i.e. to convert them to ‘Zero-rated’ goods/services.

By introducing the concept of ‘Zero – rated’ for maximum number of goods and services, the goods and services would get taxable life – making inputs utilised for producing these zero rated goods creditable. Though there may not still be output tax liability, the vendor would be able to use the credits that it has accumulated while producing/distributing ‘Zero – Rated Goods’. Therefore, the expansion of this concept in VAT laws will make a good impact on the business community and ultimately, the impact will be felt by the consumers. A small effort from government side can make a big difference!

Another possible remedy that can be injected to streamline the credit mechanism would be rather than making these products exempt, a small VAT should be imposed on them. In Nepal, currently, there are only two VAT rates – 0% and 13%. In this context, a middle path can be found making majority of currently exempt products taxable, say at the rate of 1%-3%. Though imposition of tax may make these products little more expensive and may not go well with ‘people – centric!’ political class but we must understand that imposition of tax at small rate will not be so burdensome on us- the public and on the other, and helps not to snap the supply chain.

From the point of collection of revenue too, mostly these products are relatively inelastic and therefore, will not have any impacts on their demand. There would be more positives to the economy in the long run with these measures which may not at first glance, look so populist. This second prescription is recommended only when government is unable to declare exempt goods as ‘Zero – rated’ having constraints due to other economic factors. Whatever government does, however, should be for giving impetus to economic development and should propel our economy to forward direction.

© Rajib Dahal. The Author is an Advocate and can be reached at rajib.dahal@gmail.com

 

Posted in Business, Economics, Law, Nepalese VAlue Added Tax, VAT Law | Leave a comment

Nepal: (Un)Necessary – ‘doctrine of necessity’

Posted on September 21, 2011 by Rajib

My this article below is published in Telegraph Nepal today. You can read it from here:

http://www.telegraphnepal.com/views/2011-09-21/nepal:-unnecessary-doctrine-of-necessity.html

THE term ‘doctrine of necessity’ has found an unwarranted place in Nepalese legal development despite not having any acceptable legacy behind it. The doctrine itself has a very dubious purpose to serve and the outcome of application of this doctrine would be debated for a long time. The doctrine, in its simple understanding, is a validating tool for those illegal, extra-legal, and invalid administrative state actions and these actions get validity from one’s understanding of necessity, mostly based on his/their momentary understanding of what was the necessity of that time. Therefore, there would be divergence in views even among the legal luminaries. One’s view of what was necessary at a time can always be contested by other set of legal luminaries.

Therefore, in this article, my effort has been to make a jurisprudential fathoming of legacy that ‘doctrine of necessity’ inherits and to examine whether we have acted judiciously to patronize this doctrine in Nepalese legal development.

The doctrine helps to bestow legality on any extra-legal actions if such actions are found to be to restore legal orders and if, at the give point of time, the state machineries would have no alternative viable recourse available. Therefore, most often, the courts have given breath to this principle when constitutional validities of states are to be upheld even when such state actions sans constitutionally permitted limits.

The credit for giving birth to this principle goes initially to the medieval jurist Henry de Bracton (c.1210-1268), and later, justification of the doctrine has been advanced by another great authority, William Blackstone. The legal maxim that has been credited to Bracton goes like this: “……………that which is otherwise not lawful is made lawful by necessity…………………”

The constitutional lawyers should be troubled in Nepal as the doctrine seems to be gaining unshakable ground to justify diverse extra-legal state actions. In a judgement delivered in April 2010, the Supreme Court of Nepal, in a matter relating to parliamentary hearings for appointment in constitutional bodies, had opined that all the articles of Interim Constitution of Nepal can be amended as per the doctrine of necessity except those relating to democratic republic, human rights and an independent judiciary. The reasoning though may sound to be a political victory for the supremacy of parliament; it comes with the imminent danger of having serious implications in the future.

Once again, the discourse on this doctrine has gained momentum since the Hon’ble Supreme Court of Nepal has invoked this principle in another verdict while upholding the extension of tenure of Constituent Assembly (CA). The court cited and applied the doctrine to uphold the Ninth Amendment of the Interim Constitution of Nepal. The court verdict has, therefore, upheld the extension of the tenure of the CA by three more months on May 28, 2011. The Supreme Court reasoned that the objective of CA was to draft and to promulgate a new constitution and to conclude the peace process and that has not been achieved yet. Therefore, the doctrine has to be applied to uphold the actions taken by CA when the twin tasks are yet to be performed, reasoned the Apex Court.

A brief overview to world history shows that the Chief Justice Mohammad Munir of Pakistan had invoked the doctrine to validate the actions of Governor General Ghulam Mohammad who had dismissed the Constituent Assembly and appointed a Council of Ministers in 1954. While putting breath in the doctrine in modern times, Justice Munir in Pakistan in 1954 relied on Bracton’s maxim ‘that which is otherwise not lawful is made lawful by necessity’, and on the Roman law maxim urged by Jennings, ‘the well-being of the people is the supreme law’.

In countries like Nigeria and in Fiji, this doctrine were invoked and applied whenever the state had acted against the constitution. There were striking similarities in all these states at the time when the doctrine was invoked – dysfunctional parliamentary democracy. Therefore, this will inevitably leads us to the question – whether doctrine of necessity is a necessary doctrine when there is a breakdown of parliamentary democracy.

In the instant case, another immediate question that needs to ponder is how long the doctrine of necessity can save the functioning of CA or any such extra – legal actions of state actors in the future. Dealing with the issue vis – a – vis functioning of CA, what if, the CA fails to perform its functioning of promulgation of new constitution but based on this doctrine; it keeps on extending its term for another dozen times. By adopting this doctrine by highest judiciary of the country, we have placed ourselves in a very precarious situation where CA may not function as per the mandate given by people and the constitution but whatever it does going outside the Constitution would be held constitutional. Then, what incentives CA members would have even to be serious for constitution making when their terms and tenures are guaranteed by ‘doctrine of necessity’. There would be some argument to say that the doctrine of necessity alone cannot extend the tenure of CA for more than six months. However, the so called sovereign CA has all the incentives to amend the provisions in Interim Constitution and remove such barriers where if the mighty CA wishes, it can extend its term by innumerable times.

At this juncture, the first and foremost issue among the legal experts should be the implications of borrowing such principle into Nepalese Legal System which can have serious ramifications on fundamental points concerning the rule of law and constitution, the retrospective exercise of legislative powers by the law makers, and the yardstick and benchmark to adjudge the legality of actions in the future.

What we have to understand is the constitution is not only a legal document but also a political, social, economical testament and vision of a nation. Constitution embodies the hope and aspiration of the people of many generations and expected to be so in the time period yet to come. Therefore, CA, which has received the mandate from the people, will be exercising its power in various capacities and its functioning are not merely discharge of legal and constitutional functions. In this scenario, in my humble opinion, the court should have rescued itself to adjudge on the matter of extension of CA tenure, as the issue will have different dimensions including political and courts are not to interfere on such political powers. It is not only the implications of the outcome is political but the role of CA is itself is different from parliament under democratic set up. As the ‘doctrine of necessity’ comes with enormous peril of being misused and susceptible to tampering in future, it would be difficult for courts to stay away from the controversy inasmuch as the present verdict could be taken as stamping on the power of CA to extend its term, sometimes based on its own sweet will and fancy.

However, if we have to take a positive from the verdicts rendered, a silver lining can be that the court has upheld the supremacy of the parliament/CA and this supremacy could have been upheld even without resorting to ‘doctrine of necessity’. When there is enormous pessimism on people for not having stable functioning parliamentary democracy with able executive, it can only be hoped that the verdict, though may be founded on uncanny reasoning would be taken as a positive steps towards stable supreme parliament. If people are able to take this positive, another positive hope that comes to our mind naturally would be, hopefully, we will soon see our New Constitution.

© Rajib Dahal. The Author is an Advocate. He can be reached at rajib.dahal@gmail.com

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Book Review – Old Review Published Again

Posted on June 15, 2011 by Rajib

{A Small Note: I apologize with my readers that this site is facing some problem because of bandwidth exceed. Therefore my old blog will be updated for sometime. When we fix this problem here, we resume posting here. Please visit: http://talkingforum.wordpress.com/}

I mentioned in my previous post that I am reading “Words of Freedom: Ideas of A Nation” by Pundit Jawaharlal Nehru, independent India’s First Prime minister till 1964, until his death. I have just finished reading that book. Here is my close review on that.

The Book is a very small one, having only around 100 pages and the size of paper itself is so small that a regular reader can read it within few hours.

The Book is published by Penguin Books India and you can find the details here: http://www.penguinbooksindia.com/category/Non_Fiction/WORDS_OF_FREEDOM_IDEAS_OF_A_NATION_9780143414018.aspx

You can buy book from this link: http://infibeam.com/Books/info/penguin-books-india/words-freedom-ideas-nation/9780143068860.html

I had finished reading this book within few sittings many days earlier but because of the lack of time, I could write only now.

You are aware that this book is a collection of Punditji’s speeches during the independence of India and after that when matters were being deliberated in ‘Constituent Assembly’. As the time from where the speeches are taken, it gives us a kind of symbol that the speeches collected here are among the best. I am sure the publishers picked up those speeches which tried to spread the ideas of a united nation and after reading this book, every citizen should feel proud, and motivated.

However, the speeches contained in the book did not sound so inspiring to me. They were not that much able to generate thoughts and ideas and I doubt, if reading them, if anyone gets so much inspired. The book at the end, in my view, fails to evoke thoughts on readers and nor is able to picture the situation and history of India at that time. On this way, book fails to do justice to the title and to the readers.

May be we have seen many wars, terrorism, and violence that we need to hear or read stronger words to get inspired. I am sure people must have obviously got inspired at those days when they read these words and definitely when Punditji delivered these words but in the absence of Punditji’s voice today, only the words cannot comfort us. I felt we needed stronger words, more appeals and more closeness to get inspired. Therefore, the book does not figure in my best.

It is not Punditji’s fault that he cannot evoke or deliver message to our generation from his words which were uttered by him in that great time when the landscape of India was changing; when the most sought freedom were given to us by those heard and unheard martyr’s hard works and when Punditji along with Ambedkar and Rajendra Prasad were busy to institutionalize the most cherished freedom and democracy. Definitely, it cannot be Punditji’s fault. There is something wrong with us. Must be!

But, there is one fault that I find fault with the publishers is that there is virtually no background against which the speeches were delivered except a small one or two paragraphs. That is not enough. The book is not a big historical document analyzing the time. It is definitely targeted to our Macdonald’s and SMS and MMS generation which no nothing about our glorious history which was built by those great fighters. If that is the intention, then, there was a strong need of giving backgrounds to events that Punditji was narrating.

There, I see the fault of not having an editor. Punditji refers to so many world events that we are completely unaware of. Many times, I tried to relate and guess some events that I thought might be referred by the orator. Therefore, in the absence of such historical backgrounds, sometimes readers cannot fully grasp with the ideas that Punditji is trying to deliver. Here, I see the fault of Publishers. I think that the book could be more informative having an editor who gives in detail the background of the historical events and make readers aware about the various incidents referred by Punditji. This could have been done a commentary before or after each speech or by way of footnotes, but I would not have preferred lengthy footnotes.

Overall, the book is just Okay, much less than my expectation. You can read once and pay homage to Punditji. I am sure next edition will be an improved one.

Posted in Books, Literature | Leave a comment

Nepali Kabita, Gazal/Gajal, Poems ko Arko Shrinkhala Nepali Kabita haru.

Posted on May 9, 2011 by Rajib

They say that something is better than nothing. I am not so proud of my own work what I have written below but I thought I should paste something. These are few lines which actually should be part of different Gajals but since there was no Riyaz/practice for a long time, not able to do something creative. Please comment!

Nepali Kabita, Gazal/Gajal, Poems ko Arko Shrinkhala—-Nepali Kabita haru.

In my earlier post, I had written that I will be publishing some nepali kabita and nepali gajal/gazals. But, because of some strange reasons, my blog is not supporting nepali fonts. So, one of my nepali gazal’s two lines, I have put in image format. Till the time, I work on this, You can read my other posts in my blog. Till then, C U!

My earlier post was as below:

“If you visiting me for the first time or only recently, here are few words about me. I am blogging in different blogging sites from a long time and finally, started blogging in my own website. Before this, I was here. http://talkingforum.wordpress.com/ . In my earlier blog, I received a very great response of all the viewers. One of the features of my earlier blog was to publish nepali Kabita, nepali gajal, and ?????? ??????? (Nepali literature in case my website does not support nepali fonts). I am again going to start the series of publishing Nepali Kabita haru and Nepali gajal/gazal haru in my blog again. These Nepali Kabita haru (Nepalese Poems), and Nepali Gajal/gazal haru (a kind of song/poem derived from Persian and Urdu language) will be published in Nepali Language after enabling the Nepali Language supporting feature in my page. Therefore, in case if you want to read Nepali Kabita haru and Nepali gajal/gazal haru, then, please keep on visiting my blog. On coming days, I shall present before you some of my old Nepali Kabita haru and Nepali gajal/gazal haru. Also, in case you write Nepali Kabita haru and Nepali gajal/gazal haru, then, please mail us your creations in the field of Nepali Kabita haru and Nepali gajal/gazal haru, I will publish your Nepali Kabita haru and Nepali gajal/gazal haru with your name.

Thanking You!”

Posted in Gajal, Kabita, Nepali Literature, Nepali Poem, Poem | Leave a comment

Nepali Kabita haru and Nepali gajal/gazal haru

Posted on May 8, 2011 by Rajib

In my earlier post, I had written that I will be publishing some nepali kabita and nepali gajal/gazals. But, because of some strange reasons, my blog is not supporting nepali fonts. So, one of my nepali gazal’s two lines, I have put in image format. Till the time, I work on this, You can read my other posts in my blog. Till then, C U!

My earlier post was as below:

“If you visiting me for the first time or only recently, here are few words about me. I am blogging in different blogging sites from a long time and finally, started blogging in my own website. Before this, I was here. http://talkingforum.wordpress.com/ . In my earlier blog, I received a very great response of all the viewers. One of the features of my earlier blog was to publish nepali Kabita, nepali gajal, and ?????? ??????? (Nepali literature in case my website does not support nepali fonts). I am again going to start the series of publishing Nepali Kabita haru and Nepali gajal/gazal haru in my blog again. These Nepali Kabita haru (Nepalese Poems), and Nepali Gajal/gazal haru (a kind of song/poem derived from Persian and Urdu language) will be published in Nepali Language after enabling the Nepali Language supporting feature in my page. Therefore, in case if you want to read Nepali Kabita haru and Nepali gajal/gazal haru, then, please keep on visiting my blog. On coming days, I shall present before you some of my old Nepali Kabita haru and Nepali gajal/gazal haru. Also, in case you write Nepali Kabita haru and Nepali gajal/gazal haru, then, please mail us your creations in the field of Nepali Kabita haru and Nepali gajal/gazal haru, I will publish your Nepali Kabita haru and Nepali gajal/gazal haru with your name.

Thanking You!”

Posted in Gajal, Kabita, Literature, Nepali Literature, Nepali Poem, Poem | 1 Comment

Nepali Kabita haru and Nepali gajal/gazal haru – Announcement

Posted on May 3, 2011 by Rajib

If you visiting me for the first time or only recently, here are few words about me. I am blogging in different blogging sites from a long time and finally, started blogging in my own website. Before this, I was here. http://talkingforum.wordpress.com/ . In my earlier blog, I received a very great response of all the viewers. One of the features of my earlier blog was to publish nepali Kabita, nepali gajal, and ?????? ??????? (Nepali literature in case my website does not support nepali fonts). I am again going to start the series of publishing Nepali Kabita haru and Nepali gajal/gazal haru in my blog again. These Nepali Kabita haru (Nepalese Poems), and Nepali Gajal/gazal haru (a kind of song/poem derived from Persian and Urdu language) will be published in Nepali Language after enabling the Nepali Language supporting feature in my page. Therefore, in case if you want to read Nepali Kabita haru and Nepali gajal/gazal haru, then, please keep on visiting my blog. On coming days, I shall present before you some of my old Nepali Kabita haru and Nepali gajal/gazal haru. Also, in case you write Nepali Kabita haru and Nepali gajal/gazal haru, then, please mail us your creations in the field of Nepali Kabita haru and Nepali gajal/gazal haru, I will publish your Nepali Kabita haru and Nepali gajal/gazal haru with your name.

Thanking You!

Posted in Gajal, Literature, Nepali Literature, Nepali Poem, Poem | Tagged , , , , , , | 1 Comment

Waiting for the New Constitution in Nepal

Posted on May 3, 2011 by Rajib

There is a need of dialogue among political leaders to decide what should be our fate in the coming Nepal. The main question is obviously the making of Nepalese Constitution for which the process was started long ago. We are far behind in the matters of development, international trade, exports oriented economy because we are unable to concentrate on anything in the absence of law and order in the country, in the absence of peace and security.

In fact, Nepalese people have given their all the time concentrating on how to maintain peace in Nepal and how to make safe landing of peace. They are unable to think of anything in absence of peaceful nation.

In the process of restoring peace in the country after many years, almost after 16 years, the first step would be a stable Constitution that can secure the rights of Nepalese people in the years to come. We need a constitution that can guarantee the people’s rights for the generation that is yet to come. Though we need the objective and need of people in having constitution, the process does not seem to be going towards a logical conclusion. The process which has been already initiated by us must reach to a logical conclusion without any further delay. The Constitution, being a socio-politico instrument, should be able to give a sense of nationality and belongingness to all the people Pahade, Madhesi, Newar, Chepang etc.

Though I am not impressed with federal system in Nepal, and in any case, not the federalism based on ethnic lines. The basis of federalism in Nepalese Constitution should be based on equal proportion of fertile land, hilly areas and Himalayan region across all the federal states. However, the trend of criminal and political factions in Terai may create difficulty to adopt a Nepalese Constitution based on consensus among Constituent Assembly Members. Therefore, federalism certainly throws the biggest challenges among Nepalese law makers in the process of constitution drafting.

There are other major challenging that we face in drafting and adoption of modern Nepalese Constitution. The challenges are to make the constitution an inclusive one, to safeguard the people’s rights of life, liberties, livelihood, right of free speech, expression, press and circulation of views, right to assemble peacefully, and demonstrate, hold public meetings and gatherings, right against atrocities, and slavery, equal rights to women in public employment and education and ‘positive discrimination’ to them. It may not be that difficult to inscribe these all noble features in constitution under one article or another but it will be certainly a challenge to implement their rights in ‘lawless’ Nepal.

Among the less controversial and less disputed issues too, some issues are bound to throw more challenges than rest. When the issue of positive discrimination and reservation in public employment and education is debated, the issues are going to be raised on how to decide on the issues of minorities, backward classes, and scheduled castes. Does all Terai based population qualify to be backward classes merely of the fact that they are domiciled in Terai? More importantly, do Jha, Tripathy, Tiwari and Yadav stand on the same footing as kurmi, lohar, chamar and paswan?? Should there be a concept of creamy layer in Nepal’s Constitution?

On the powers of executives, I personally see more challenges. Should Nepal adopt a presidential system like United States, which Maoists are advocating, or there be Westminster model of Democracy like United Kingdom? That precisely mean how and who appoints Prime Minister and President and who shall be responsible to whom. We should be able to demarcate executive powers, duties and responsibilities of Prime minister including Council of Minster/Cabinet and President so that each will not usurp each other’s authorities. Then, the question should also be addressed as whether the Prime minister and his council of Ministers be in the office at the ‘pleasure’ of the President like India. Then, equally, answers should be there in Nepalese Constitution whether President is just a rubber stamp/like a bird of the cage which will be invited for every opening ceremony of anything and be acting always ‘on the aid and advice of the Council of Ministers’ or there be some discretionary powers vested on President under Nepalese Constitution. And lastly, there is not much time to act on these issues. Let’s hurry up!!

Posted in Law, Lawyer, Legal Profession | Tagged , , | Leave a comment

Evils of TV explained here

Posted on May 2, 2011 by Rajib

A MUST READ FOR EVERYONE ESPECIALLY THOSE WHO HAVE LOST THE ART OF READING!

The Stranger – So True!

Some time ago, my Dad met a stranger who was new to our small town. From the very beginning, Dad was fascinated with this enchanting newcomer and soon invited him to live with our family. The stranger was quickly accepted and was around from then on.

As I grew up, I never questioned his place in my family. In my young mind he had a special niche. My parents were complementary instructors: Mom taught me good from evil and Dad taught me to obey. But the stranger …… he was our storyteller. He would keep us spellbound for hours on end with adventures, mysteries and comedies. If I wanted to know anything about politics, history or science, he always knew the answers about the past, understood the present and even seemed able to predict the future! He took my family to the first major league ball game. He made me laugh and he made me cry. The stranger never stopped talking, but Dad didn’t seem to mind.

Sometimes, Mom would get up quietly while the rest of us were shushing each other to listen to what he had to say, and she would go to the kitchen for peace and quiet. (I wonder now if she ever prayed for the stranger to leave.)

Dad ruled our household with certain moral convictions, but the stranger never felt obligated to honor them.  Profanity, for example, was not allowed in our home….. not from us, our friends or any visitors. Our longtime visitor, however, got away with four-letter words that burned my ears and made my dad squirm and my mother blush. My Dad didn’t permit the liberal use of alcohol. But the stranger encouraged us to try it on a regular basis. He made cigarettes look cool, cigars manly and pipes distinguished.

He talked freely (much too freely!) about sex. His comments were sometimes blatant, sometimes suggestive, and generally embarrassing. I now know that my early concepts about relationships were influenced strongly by the stranger. Time after time, he opposed the values of my parents, yet he was seldom rebuked….. and NEVER asked to leave.

More than fifty years have passed since the stranger moved in with our family. He has blended right in and is not nearly as fascinating as he was at first. Still, if you could walk into my parents’ den today, you would still find him sitting over in his corner, waiting for someone to listen to him talk and watch him draw his pictures. Categorically, he destroyed all the moral values, ethics, love, time for each other and other good qualities we had in our family whilst adding some quantity of positive stuff also, which any way we would have had even without him…..

His Name?……………

 

We just call him ‘TV.’

(Note: This should be required, nay compulsory, reading for every household!)

The Stranger also has a wife now. We call her ‘Computer.’ Their first child is “Cell Phone”. And Second child, “I Pod”.

Posted in Economics, Literature, Management, Management Mantra, Travel | 2 Comments