Please - Odhikar

important step taken so far to set the conditions for protection of victims and witness in Nepal.
Nepal has committed itself to upholding international human rights standards by modeling its
constitution on the rights and principles enshrined in the international instruments. Article 14
spells out a Nepalese Citizen's rights to fair criminal justice.
Though there are certain fundamental rights in the constitution, these constitutional rights do not
cover the rights of the victims. The existing criminal justice system in Nepal is under crisis of
forced investigation and false prosecution. Yet, the basic mechanisms of prosecution and crime
investigation have not been implemented systematically. There are numbers of crime scenes,
which have resulted in the victims languishing in unsecured and unsheltered conditions, or even
in homeless and starving conditions. Unfortunately, there is no legal provision to provide them
proper and needful rehabilitation and compensation. It is wrongly presumed that rehabilitation is
to be provided to the victims of natural disasters or calamities only. Ironically, while victims lie
in fear and in unprotected conditions, often in mental and physical anguish, the accused and the
convicted criminals are staying in lodgings, eating food and getting medical treatment at the
state cost.
Role of Judiciary
The judiciary is responsible for applying the principles of international human rights laws at the
national level and for the protection and promotion of human rights. However, most of Nepal's
judges are reluctant to do this, partly due to unfamiliarity with human rights norms and the
Universal Declaration of Human Rights and also due to their conservative outlook. With its still
traditional outlook and functioning style, the court seems less concerned with the need for a
victim-friendly approach to the social justice system. It still seems to be unfeeling to the
sufferings and loses of the victim. To ensure the rule of law through the justice system, the court
should always have a positive attitude towards the victim. To this end, it is also imperative first
to strengthen the judicial system with the articulation of clear-cut roles and responsibilities of
police and government prosecutors and other supporting bodies. Secondly, the evil practices
being adopted by various quarters towards polluting the purity of the law should be weeded out.
One of the major factors contributing to the ever-increasing crimes could be attributed to the
increasing trend of listening to the cause of releasing the accused and denying justice to the
victim. As such, in today's world of complexity, crimes are planned and executed for attainment
of desired evil intention. Innocent victim and witness easily fall prey to such plans. Things
would not change for any tangible better unless the court stands competent and committed to
imparting justice to the sufferer. With the power vested in judiciary, a judge is no less great than
a ruler with a scepter in his hand, because in his/her imparting real justice on the basis of the
reality of the situation, the victim can cherish a feeling of self-contentment and live in relative
peace.
To the end of ensuring social justice, every judge should first be sufficiently knowledgeable.
Second, he should not be vulnerable to the tricks and trickery of advocates, who try to move
heaven and earth to win case/s in favour of the accused. A considerate judge should be as wise
as King Solomon in looking into things in their right perspective and merciless in punishing the
culprit with utmost rigors of law so that those prone to criminal activities would fear doing evil
things.
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Report 2005