New laws require six regulations to implement fullyAt least half a dozen of new regulations are required to implement the Civil and Criminal Codes that came into effect on Friday.
At least half a dozen of new regulations are required to implement the Civil and Criminal Codes that came into effect on Friday.
They replace more than a century old General Code called Muluki Ain first promulgated by Jung Bahadur Rana 165 years ago.
The codes endorsed by the Legislature-Parliament in August 2017 bring huge changes in the civil and criminal proceedings of the country. They elicited mixed reactions from different sectors.
The national gazette would soon publish the regulations concerning courts proceedings while others would be tabled soon in the Cabinet for endorsement.
The Supreme Court has authority to finalise the regulations related to court proceedings while the Cabinet has to endorse the others.
Ministry of Law and Justice Spokesperson Ramesh Dhakal said the apex court has approved Regulations Related to Court’s Proceedings, Civil Proceedings and Criminal Proceedings.
Dhakal said some others like Regulation on Investigation of Criminal Offence and Civil Offences have been finalised by the Ministry and forwarded to the Cabinet soon.
Regulations concerning the High Courts and District Courts are under formulation.
“The new codes are already effective, but we need the regulations to ease the implementation process by the concerned authorities,” Dhakal told the Post.
Legal experts say as the Civil and Criminal Codes directly guide routine law and order their implementation does not stop because of the lack of regulations. Police have started investigation process based on the new codes as well as the courts.
“The regulations are must to facilitate the implementation process,” Advocate Om Prakash Aryal told the Post.
The new national laws have brought many changes in the existing legal proceedings. Some provisions faced criticised for ambiguity because they give scope
for multiple interpretations that the government could use to target media or an individual.
Although there has been wide spread criticism of some of the provisions related to privacy, Nepal Communist Party leaders spiritedly defend it.
Senior Advocate Ram Narayan Bidari also a member of National Assembly from the NCP claims privacy laws are strong everywhere in the world.
“The provisions regarding right to privacy doesn’t affect free press,” he told the Post. “I don’t accept the argument that it needs to be reviewed.”