Our Representative Our Right

The Constitution of Nepal designates the powers of the local level in Schedule 8, as issued by the Constituent Assembly. Articles 57(4), 214(2), 221(2), and 226(1) outline provisions related to this list of local-level powers. Accordingly, the Local Government Operation Act, 2017 has been enacted. The Constitution ensures the authority to manage rural, municipal, and district assemblies, local courts, and reconciliation mediation as per Schedule 8. The Constitution provides for the establishment of a judicial committee under the powers of the local level. The Local Government Operation Act has arranged for elected deputy mayors to serve as the coordinators of the judicial committees. According to the Local Government Operation Act, of 2017, the judicial committee has two types of authority. As per Section 47(1) of the Act, it has the authority to resolve disputes, and Section 47(2) grants it the power to resolve disputes through reconciliation, thereby administering justice. Although the judicial committee coordinators have limited knowledge of legal and judicial matters, they are entrusted with the important responsibility of administering justice. How easy is it for the deputy mayor, who also leads the judicial committee, to carry out this task? What is her experience? What are the problems and challenges? Here is a part of a conversation between INSEC Myagdi District Representative Amrit Prasad Paudel, and Deputy Mayor Divakumari Tilija Pun of Annapurna Rural Municipality.

What kinds of problems arise in the judicial committee? How easy is it to deliver justice?

The judicial committee primarily receives complaints related to managing marital relations, child custody, financial transactions, land disputes, domestic conflicts, and other types of disputes requiring reconciliation. It is challenging to resolve such complaints because filing such cases is never easy, making mediation and reaching an agreement difficult. In some cases, the victims themselves do not attend the discussions. After filing the complaint, they may face pressure from their family or relatives, which is a challenge we encounter during the judicial committee’s discussions.

Have there ever been any pressures while administering justice? If so, in which types of cases is the pressure most common?

I haven’t personally experienced any direct pressure. However, in some cases, victims seem to be diverted, and it appears that they are being mentally stressed to change their stance. Still, neither I nor any members of the judicial committee have faced pressure to resolve or adjudicate cases in a specific way. We have worked to ensure that no one feels pressured or perceives us as weak or unfair in our judgment, this is why we have not faced any pressure.

What has been your experience in policy-making, planning, program development, and budget preparation?

Our main goal is the overall development of the local level, and we have created policies, plans, and prepared budgets accordingly. In the current context, we have made plans to promote women, and children, judicial committees, and reconciliation. Allocating a sufficient budget for these tasks has made it easier to carry out the work.

Is it true that the perspective and behavior towards women differ compared to men?

This perception has not changed so far. I have worked in non-governmental organizations for a long time. Comparing that time with now, after becoming an elected representative, the perspective towards women and men is certainly different. I have been the deputy mayor at the local level for quite some time, yet in some instances, people still prefer to address those in higher positions rather than me. We need to change this mindset, and for that, we are conducting awareness programs, and other initiatives within the rural municipality.

What is the condition of education and drinking water in the Rural Municipality?

As the population within the rural municipality has been declining, there is a disparity between the number of students and teachers in the schools. Due to the decreasing number of students, schools have had to merge. Efforts are being made to improve the quality of education, and there are hopes for improved results and learning in the coming days. In the current fiscal year’s policies and programs, we have set a goal to increase access to drinking water. By the end of the last fiscal year, only 81% of households in our Rural Municipality had access to drinking water. We aim to increase this to 90% in the current fiscal year. We have been working hard to achieve this target and are hopeful to reach our goal promptly.