Our Representative Our Right

The Schedule 8 of Constitution of Nepal contains a list of local-level rights. Likewise, the Sub-article 4 of Article 57, Sub-article 2 of Article 214, Sub-article 2 of Article 221, and Sub-article 1 of Article 226 of the Constitution are related to these rights. In line with these provisions, the Local Government Operation Act, 2017 has been established. According to Schedule 8 of the Constitution, the rights ensured include the management of the Rural Assembly, Municipal Assembly, District Assembly, local courts, and conciliation mediation. These provisions empower local governments to handle these functions within their jurisdictions. The Constitution has established a judicial committee under the authority of the local level. According to the Local Government Operation Act, elected Deputy Chiefs are designated as coordinators of these judicial committees.

According to the Local Government Administration Act, 2017, the Judicial Committee has two types of powers, Article 47 (1) of the Act provides the right to resolve disputes and Article 47 (2) to resolve disputes through conciliation. Judicial committee coordinators are entrusted with the significant responsibility of administering justice, despite often having limited knowledge of legal and judicial matters. How challenging is the role of administering justice for the Deputy Chief, who also heads the Judicial Committee? What experiences have been gained, and what problems and challenges have been encountered? On this topic, INSEC Kapilvastu District Representative Rima BC had a conversation with Rita Kumari Choudhary, the Deputy Chief of Kapilvastu Bandhganga Municipality. Here is an edited part of the conversation:

What kind of problems do you face in the judicial committee? How easy is it to work for justice?

The judicial committee handles a variety of disputes, with the most common cases involving property division, land disputes, financial transactions, and domestic conflicts. Issues such as quarrels between husband and wife, domestic violence, denial of food, and cases of insults are frequently brought to the committee. Additionally, disputes related to environmental pollution and health concerns, particularly those arising from chicken farms being located near residential areas, are also addressed. Administering justice has not been an easy task for us as political workers. However, we have developed the practice of listening to both sides, engaging in discussions, and working towards achieving a win-win situation for all parties involved. When challenges arise, we coordinate with legal advisors and proceed with their consultation to ensure a fair resolution. Sometimes, it seems that having legal authority would make the work easier. In Bandhganga Municipality, reconciliation has not yet been made more systematic. The service facility for the conciliator is reportedly provided only after reconciliation. However, despite repeated discussions, some issues remain unresolved, leading to disappointment among mediators. To address this, the executive has now decided to cover transportation expenses for the sessions. Since some incidents involve beatings, they are not always addressed immediately when reported to the police, so we raise concerns about how to effectively handle them. We have mobilized the city police, although they often do not respond promptly to repeated calls from certain parties who are hesitant. This approach aims to assist victims in pursuing justice in court.

Do you ever feel pressured while administering justice? If so, what are the main issues causing this pressure?

There are some pressures in some cases, but we do not let it affect our work. We use the authority granted by the Constitution and the Local Government Act to administer justice based on the joint decisions made by the three committee members. Particularly, we face more pressure in cases involving land disputes and marital conflicts. However, despite this pressure, we ensure that we thoroughly discuss the issues, listen to both sides and work towards finding mutually acceptable solutions. For us, both parties are treated equally. We must treat everyone equally and ensure that no one feels neglected. It is essential to show that we value all citizens equally and have approached their concerns with fairness and attention.

How was your experience in policy-making, planning, program, and budget-making?

Even during the formulation of policies, plans, programs, and budgets, allocations have been made specifically for women, Dalits, people with disabilities, and marginalized communities. The mayor and other representatives have also supported these initiatives. To date, there haven’t been significant problems. I have received full support from all public representatives and colleagues. Whenever issues arise, the mayor guides us on how to proceed, often explaining things that even his staff may not understand. Overall, everything has been going well.

It is often observed that attitudes and behaviors towards women can differ from those of men. What is your perspective on this?

Sometimes this issue arises, as our society often prioritizes men over women. However, in my extensive experience working with various organizations, I haven’t felt this disparity significantly. As a representative of my political party, I received substantial support, encouragement, and inspiration from the party to excel in different fields. Despite this, there are moments when I do encounter the challenges associated with such societal attitudes.

What types of programs effectively integrate both physical and human development? How important is it to recognize that development is incomplete without addressing human development?

You raised an excellent point. Physical development alone does not constitute complete progress. It must be accompanied by human development. In Bandhganga Municipality, efforts are being made to integrate both physical infrastructure development and human development simultaneously. Last year, Rs. 7,500,000 was allocated for capacity-building programs for marginalized groups at the local level. Specific programs for women included various skill development initiatives to promote entrepreneurship. We developed policies, plans, and budgets based on our understanding of the local situation. There are certainly some limitations. However, we have discussed ways to make our efforts more citizen-friendly and worked to ensure that all residents including women, children, Dalits, Muslims, people with disabilities, senior citizens, queer communities, and marginalized groups can have meaningful participation. As mentioned, prosperity doesn’t come solely from investing in roads and infrastructure, it must also include human development. We have made progress with this balanced, sensitive approach.