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The Architecture of Global Impunity: 5 Reasons the World’s Biggest Thieves Almost Never Go to Jail

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On August 17, 2026

In Impunity and Corruption, essay, Opinion

Articles in this series

This is the second article in series on how impunity breeds corruption. The series began with Nepal, and now looks at global impunity and corruption. It will eventually examine why organizations like FATF are ineffective in controlling global corruption.

“Grand corruption is a transnational issue that no single country can cope with alone.”

— Richard Goldstone, Retired South African Judge

In contemporary governance, the intersection of impunity and corruption represents one of the most formidable barriers to sustainable development, human rights, and the maintenance of the international rule of law, as explained in the previous article with respect to Nepal. Nepal is not an isolated case, though. Global impunity allows grand corruption—a systemic, highly organized pathology characterized by the abuse of high-level power that benefits a concentrated elite at the direct expense of the broader population1. While these crimes are devastating, the perpetrators rarely face consequences.

The United Nations has explicitly recognized the negative impacts of this phenomenon at the High-Level Meeting on the Rule of Law, and the United Nations’ Convention Against Corruption (UNCAC)2 has been ratified by almost all member nations. However, the lack of accountability is a structurally engineered feature of modern power. By ensuring domestic legal frameworks remain impotent and international laws mere suggestions, the elites have created a widespread nexus of global impunity and corruption.

Enablers of Global Impunity and Corruption

The Architecture of Global Impunity

1. Grand Corruption, Kleptocracy, Chumocracy, and State Capture

Grand corruption, defined by Transparency International, is an organized crime that benefits the few at the expense of others3. It involves offenses by public officials outlined in UNCAC Articles 15 through 25, including bribery, embezzlement, misappropriation of public funds or resources, or gross violations of the human rights of a substantial part of the population or vulnerable groups. It usually evolves into kleptocracy and chumocracy.

In a kleptocracy, political leaders utilize their authority to expropriate the wealth of the governed, ensuring that the society and its economy cannot function without a constant, systemic upward flow of bribes.

Chumocracy is the rule by a group of elites who reinforce each other in the state mechanism. It is marked by nepotism and favouritism. Kleptocracy and chumocracy lead to state capture.

State capture is a condition in which powerful individuals, groups, and organizations undemocratically shape a nation’s policies, legal institutions, and economic environment to illicitly enrich themselves with absolute impunity1. They don’t just circumvent rules but manipulate legislative and bureaucratic procedures to provide legitimacy to their malfeasance. When the law itself is the loot, traditional law enforcement becomes an impossible dream.

2. Weaponization of the Justice System

The relationship between corruption, impunity, and the judiciary is complex and dual-faceted. On one hand, bribery and undue influence constitute an insurmountable obstacle to accessing justice, allowing powerful elites to interfere with judges and prosecutors to block legal proceedings, thereby securing their own impunity4. On the other hand, corrupt regimes frequently weaponize the captured justice system against their populations. Elites rely on these corrupted judicial apparatuses to actively pursue, punish, and silence journalists, civil society actors, and political opponents who attempt to expose or criticize the kleptocratic system4.

This dynamic reveals impunity not merely as the passive absence of justice, but as the active deployment of injustice to protect illicit wealth and consolidate political control1. This also means grand corruption is akin to human rights violations. By suppressing the rights to a fair trial, freedom of expression, and access to information, the state prevents civil society and opponents from participating in anti-corruption efforts. The resulting atmosphere of fear ensures that victims have no tangible legal recourse.

PhenomenonConceptual DefinitionMechanism of Impunity
Grand CorruptionAbuse of high-level power benefiting a few at the expense of many, involving gross misappropriation of resources.Perpetrators leverage political authority to halt investigations and secure pardons or immunity from prosecution.
KleptocracyA governance system completely based on corruption, where the state exists to enrich the ruling elite.Control over all state organs ensures that the police, prosecutors, and courts serve the corrupt leaders rather than the law.
State CaptureUndemocratic shaping of a nation’s policies and legal institutions by powerful individuals or groups.Formal legislative and bureaucratic procedures are manipulated to legalize illicit enrichment and shield enablers.
Weaponized JusticeThe use of corrupted judicial systems to target and punish critics, whistleblowers, and political opposition.Eliminates accountability by legally persecuting those who attempt to expose the corrupt system, creating a chilling effect.

3. Gilded Criminals hiding in Plain Sight

The recognition that elite power can be used to commit crimes with total immunity is a decades-old concern. In 1975, the 5th UN Congress on Crime Prevention introduced the term “Gilded Criminals.”5 This term is used to describe actors with immense political or economic power who wield it with absolute impunity, injuring the broader community for narrow oligarchic benefit. The Congress noted that the offenses of these individuals ranged widely from bribery and grand corruption to the outright torture of persons in state custody5.

The international community deepened this analysis at the 6th UN Crime Congress in 1980. That summit added “abuse of economic power” to the global agenda, calling for urgent interregional action to address high-level systemic malfeasance. This historical evolution highlights that the world has long understood that the “power elite” can commit offenses ranging from grand corruption to state-sanctioned torture while remaining untouched by national laws5. However, nothing substantial has been done to solve the issue.

4. Global Transnational Enabler Ecosystem

Grand corruption is rarely confined within the borders of a single nation. Kleptocrats and corrupt public officials operate within a highly sophisticated, globalized ecosystem that facilitates the extraction, concealment, and laundering of illicit wealth across multiple jurisdictions1. This “supply side” of corruption involves professional gatekeepers who provide a veneer of legal complexity to illicit transactions.

This globalized network of enablers, their primary functions, and contributions to global impunity are tabulated below:

Enabler CategoryPrimary Function in the Corruption LifecycleContribution to Global Impunity
Trust and company service providers (TCSPs)Origination of illicit funds via the payment of bribes for state contracts and resource access.Normalizes corrupt practices in international trade and exploits power asymmetries.
Global Financial InstitutionsLayering and integration of illicit funds; bypassing anti-money laundering protocols.Provides the critical infrastructure required to move vast sums of money into secrecy jurisdictions.
Legal & Accounting ProfessionalsStructuring opaque corporate vehicles (shell companies, trusts) to hide beneficial ownership.Creates a veneer of legal complexity that paralyzes domestic law enforcement investigations.
Real Estate & Luxury Asset BrokersFacilitating the final integration of laundered funds into safe-haven physical assets.Allows kleptocrats to enjoy the proceeds of crime internationally, entirely removing the domestic deterrent effect.

5. The Enforcement Vacuum of Global Treaties

The primary international tool against graft is the UNCAC2. It has been adopted by between 190 and 192 governments and provides an excellent guide on the criminalization of grand corruption and mechanisms for jurisdictions. However, it faces a critical structural deficit as it relies entirely on domestic systems for enforcement.

This creates an inescapable paradox: the UNCAC requires laws on the books, but kleptocrats control the domestic police, prosecutors, and courts meant to enforce them. In autocratic and nominally democratic captured states, laws are present but functionally ineffective. This “enforcement vacuum” leaves the international community with no independent authority to hold the most powerful leaders accountable.

Examples of Elite Protection and Global Impunity

1. The Epstein Case

The Jeffrey Epstein Files provide a modern case study in how immense wealth and political influence generate an impenetrable shield of impunity for systemic crimes. The documents released by the U.S. Department of Justice (DOJ) extend beyond individual psychological depravity, exposing a vast, transnational network woven seamlessly through the highest corridors of power in politics, business, academia, and international royalty6. It is a stark demonstration of how the ruling class utilizes its wealth to operate entirely outside the boundaries of the societies they purportedly lead.

The scandal implicated the involvement of powerful individuals, including the U.S. Presidents Donald Trump and Bill Clinton, technology billionaires Elon Musk and Bill Gates, academic Noam Chomsky, and various members of European royalty (for example, former Prince Andrew). The records clearly exemplify chumocracy, where elites favour each other even when they appear as rivals. Despite the scale of these files and UN independent experts stating that the atrocities met the threshold for crimes against humanity7, no new criminal charges have been pressed.

2. Sovereign Bond Misappropriation (Malaysia and Mozambique)

As explained above, grand corruption is enabled through the complicity of prestigious global financial gatekeepers located in advanced economies. In widely publicized schemes, major banking institutions based in the United States and Switzerland actively conspired with high-level officials in Malaysia and Mozambique, respectively1. These financial institutions facilitated the systematic misappropriation of billions of dollars in public funds that had been originally raised through the issuance of sovereign government bonds.

3. Developed Democracies as Global Tax Havens

Tax havens run by the Global North are the biggest enablers of money laundering and terrorism financing. The Tax Justice Network’s Corporate Tax Haven Index ranks British Overseas Territories (like the British Virgin Islands, Bermuda, and the Cayman Islands), the United Kingdom, Switzerland, Luxembourg, the Netherlands, and U.S. states (such as Delaware and Nevada) as the apex predators of global financial secrecy.

By offering absolute secrecy, the tax havens function as laundromats for illicit wealth generated through drug trafficking, extortion, human trafficking, bribery, and the plundering of public treasuries in the Global South. However, oversight bodies like the Financial Action Task Force (FATF) aggressively police the Global South, which includes the demand side and transit nodes of illicit finance in developing nations, but insulate the supply side of financial opacity orchestrated by the Global North8.

Wealthy elites from the developing countries stashing untaxed assets in these offshore secrecy jurisdictions cost governments $200 billion annually. Sub-Saharan Africa alone has lost over $1 trillion in illicit financial flows in recent decades, draining vital capital from poor countries to wealthy ones9.

On the other hand, multinational corporations artificially shift profits to these low-tax jurisdictions (using accounting tricks like exorbitant brand royalties), costing global governments $500 billion to $600 billion in lost tax revenue annually9.

Proposed Solution: The International Anti-Corruption Court

Recognizing the severe limitations of domestic enforcement, the lack of an international prosecutorial mechanism within the UNCAC, and the failure of existing frameworks to meet the Sustainable Development Goals, a formidable global coalition has emerged to actively advocate for the establishment of an International Anti-Corruption Court (IACC). During the 2014 World Forum on Governance, United States District Judge Mark L. Wolf initially presented the concept, subsequently detailing it extensively in a seminal paper titled “The Case for an International Anti-Corruption Court”10.

Operating under the “Doctrine of Complementarity,” the IACC would only intervene when a national justice system is “unwilling or unable” to act10. This ensures that the court respects state sovereignty while eliminating the safe harbors currently provided by captured domestic judiciaries.

The IACC would focus on enforcing five core crimes already established by the UNCAC10:

  1. Bribery of national officials.
  2. Bribery of foreign officials.
  3. Embezzlement and misappropriation of public funds.
  4. Money laundering.
  5. Obstruction of justice related to these offenses.

Crucially, the court would have the authority to address “territorial facilitation.” If a kleptocrat from a non-member state launders money through an IACC member state, the court could exercise jurisdiction over the laundering offense. This targets both the “demand side” (corrupt officials) and the “supply side” (corporations and professional enablers).

Conclusion

The persistence of grand corruption in the twenty-first century is not the result of an absence of international laws, nor is it a consequence of a lack of understanding regarding its devastating impacts on global society. Through instruments like the UNCAC, the international community has successfully established a universal consensus on the inherent criminality of these acts. Instead, the global corruption crisis is fundamentally a crisis of impunity. It is sustained by a glaring architectural flaw in the international governance system: the absolute reliance on domestic institutions to prosecute political elites who possess the requisite power to capture, dismantle, and weaponize those very institutions.

On top of grand corruption, the intersection of extreme wealth, political authority, and legal opacity has birthed a global ruling class that operates with devastating impunity. Whether manifested in the transnational abuse networks exposed by the Epstein files in the West or the kleptocratic resource hoarding, elites subvert state institutions for private gain.

The future of global accountability lies in a shift toward “asset recovery” and restorative justice. By centralizing investigative expertise, an international court could track the opaque financial flows that baffle under-resourced domestic agencies. The ultimate goal is to freeze, recover, and repurpose stolen wealth to fund essential public services like healthcare and education.

A growing geopolitical consensus suggests that the age of absolute domestic impunity must end. The question remains: is the international community ready to prioritize the global rule of law over the sovereign right of leaders to steal? Until a robust, internationalized enforcement mechanism is realized, the architecture of impunity will continue to stand, protected by the very laws it has subverted.

Works Cited

  1. Statement submitted by Transparency International, a non-governmental organization in consultative status with the Economic and Social Council – UNODC, https://www.unodc.org/documents/treaties/UNCAC/COSP/session10/NGO/CAC-COSP-2023-NGO48.pdf
  2. UNITED NATIONS CONVENTION AGAINST CORRUPTION – UNODC, https://www.unodc.org/documents/brussels/UN_Convention_Against_Corruption.pdf
  3. TACKLING GRAND CORRUPTION IMPUNITY, https://images.transparencycdn.org/images/Tackling-Grand-Corruption-Impunity-Written-Submission-to-UNCAC-CoSP.pdf
  4. CPI 2023: Corruption and (in)justice – News – Transparency.org, https://www.transparency.org/en/news/cpi-2023-corruption-and-injustice
  5. Statement submitted by Transparency International, a non-governmental organization in consultative status with the Economic and Social Council – Tools and Resources for Anti-Corruption Knowledge – UNODC, https://track.unodc.org/uploads/documents/UNCAC/WorkingGroups/ImplementationReviewGroup/16-20June2025/CAC-COSP-IRG-2025-NGO-5.pdf
  6. The Epstein Files: Shattering the West’s illusion of moral superiority– Beijing Review, https://www.bjreview.com/Opinion/Pacific_Dialogue/202602/t20260210_800430227.html
  7. Epstein files suggest acts that may amount to crimes against humanity, say UN experts, https://www.theguardian.com/us-news/2026/feb/18/epstein-files-crimes-against-humanity-un-experts
  8. Tax Havens: Crucibles of financial turmoil and grand corruption, https://www.taxjustice.net/cms/upload/pdf/Hammamet_-_Crucibles_of_Financial_Turmoil_-_JUL-2009-2.pdf
  9. The billions attracted by tax havens do harm to sending and receiving nations alike in: Finance & Development Volume 56 Issue 003 (2019) – IMF eLibrary, https://www.elibrary.imf.org/view/journals/022/0056/003/article-A003-en.xm
  10. The Emerging Idea of an International Anti-Corruption Court – Just Access, https://just-access.de/the-idea-of-an-international-anti-corruption-court/

The Nexus of Impunity and Corruption in Nepal: An Analysis

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On August 3, 2026

In Impunity and Corruption, essay, Opinion

This article is a part of a series on how impunity breeds corruption. The series will begin with Nepal, look at corruption at the global level, and examine why organizations like FATF are ineffective.

Introduction

The relationship between impunity and corruption challenges the stability of governments, the enforcement of rule of law, and the generation of national wealth. When impunity takes hold within the state apparatus, it creates an operational environment where the formal costs and legal risks of engaging in corrupt behaviour are entirely neutralized by those holding power. The deliberate political influence in law, legal institutions, and processes transcends mere bribery and threatens the very fabric of governance, breeding social, political, and economic conflicts.

Web of impunity and corruption in Nepal
Web of Impunity and Corruption in Nepal

1. Theoretical Framework of Impunity and Corruption

Scholars define two types of impunity. De facto impunity occurs when the state, despite possessing relevant legal statutes, systematically fails to investigate and prosecute those responsible for legal violations due to a lack of institutional capacity, a deficit of political will, or deeply entrenched political interference.1 Conversely, de jure impunity arises when a nation’s legal frameworks contain explicit, codified provisions that grant immunity from prosecution, legally shielding political, military, or bureaucratic personnel from any form of accountability.1

When legal frameworks either lack the necessary enforcement mechanisms to prosecute or are deliberately engineered by the legislature to protect the elite, the resulting culture of impunity severely degrades institutional trust. The impact of such a dynamic is immense. Systemic corruption undermines public confidence in institutional effectiveness and fairness, which are the absolute cornerstones of regime legitimacy.

Theoretical frameworks explore how institutional weaknesses contribute to this nexus. Elinor Ostrom‘s Institutional Analysis and Development (IAD) framework is particularly relevant. Applying the IAD framework to developing democracies reveals how inadequate structures allow political patronage to flourish, as the political landscape often witnesses the favouring of loyal supporters with positions and benefits, thereby superseding public welfare.

Phenomenological interpretations utilizing principal-agent theory, collective action theory, and game theory demonstrate that corrupt behaviour often becomes a normalized “way of life”.2 In systems characterized by particularism, where limited public resources are selectively distributed based on political loyalty rather than universal rights, informal norms frequently prevail over the formal rule of law. This creates a clientelist system wherein corruption thrives unchecked, shielded by networks of powerful actors who systematically block any challenges to the status quo.3

2. History of Impunity in Nepal

The pervasive culture of impunity in modern Nepal is not a contemporary aberration but a phenomenon deeply embedded in the nation’s historical, political, and social evolution. The historical roots date back to the Rana regime (1846-1951), the centralized oligarchic system, where the ruling family and high-level administration operated above the law.4 Financial irregularities committed by the elite supporting the government were almost never investigated, and on the rare occasions they were acknowledged, investigations never resulted in punishments.

This foundational culture of exemption transitioned. This foundational culture of elite exemption transitioned seamlessly into the Panchayat regime, the party-less democratic system that governed Nepal from 1960 until 1990. Politicians aligned with the system were effectively immune to any form of corruption investigation. One of the notable scandals of the era is the “Carpet Scandal” circa 1976, in which the then Prime Minister Tulsi Giri was convicted with 90 other individuals. Four years later, Giri was cleared even though some businessmen got fined.5

The transition to a multiparty democracy in 1990 and the subsequent establishment of a federal democratic republic in 2008 following the abolition of the monarchy were hailed as departures from autocratic governance. However, the legacy of impunity proved highly resilient. The pro-Panchayat leaders easily assimilated with or created pro-democracy parties without any investigation into embezzlements or abuse of authority. In the absence of inadequate legal frameworks and insufficient constitutional checks and balances, political parties quickly adopted the practice of protecting their cadres from prosecution. A paradoxical coexistence of democracy and corruption emerged, where the formal institutions of democratic governance exist, but their substance is entirely undermined by weak institutional accountability and systemic political patronage.4

Furthermore, Nepal’s ten-year civil war (1996–2006) between Maoist insurgents and state security forces has severely compounded the culture of impunity. During the conflict, human rights violations occurred, including extrajudicial killings, torture, and enforced disappearances.1 The Comprehensive Peace Agreement of 2006 included explicit commitments to establish a High-Level Truth and Reconciliation Commission to probe these severe violations and ensure accountability.6 Yet, for decades, transitional justice has been consistently thwarted through political maneuvering. While over 60,000 individuals have reached out to Nepal’s Truth and Reconciliation Commission and the Commission on Investigation of Disappeared Persons, few cases have been investigated, and none have been completed.6

Last year, on September 8, Nepal’s Gen Z came out to protest corruption. Chaos ensued after the protests went violent and the state turned brutal, overturning the government within 27 hours. The nation still awaits justice. Reports, such as those from the Karki Commission and the National Human Rights Commission, have recommended investigation against former prime minister KP Sharma Oli; former home minister Ramesh Lekhak; the then inspector generals of Nepal Police and Armed Police Force; and the head of the National Investigation Department of Nepal.26 Ironically, many names that have been called out as suspicious and requiring further investigations have now become MPs and ministers, turning the demands of rule of law and accountability on their head.

The failure to prosecute well-documented conflict-related crimes has reinforced a societal and institutional understanding that the political elite, whether civilian or military, rarely faces consequences for gross human rights abuses or grand corruption.1 The Supreme Court has occasionally attempted to intervene, ruling that courts must provide justice and invalidating amnesty provisions, but practical enforcement remains elusive.7 As said earlier, in Nepal, both de facto and de jure forms of impunity operate simultaneously, leading to grave violations and utterly undermining faith in the government.1

3. Legal and Institutional Weaknesses

The Commission for the Investigation of Abuse of Authority (CIAA) and the Special Court are the major anti-corruption institutions in Nepal. Part 21 of the Constitution of Nepal mandates the CIAA to investigate and prosecute corruption among public officials. It was originally established by the 1991 Constitution and continued under subsequent constitutional frameworks. Following the massive political upheavals of 2006, the jurisdiction of the anti-graft efforts was expanded to encompass former judges and military personnel, domains that had previously been strictly insulated from prosecution under the 1991 Constitution.3 However, deliberate loopholes and political influence encourage impunity.

3.1 The “Policy Decision” Loophole

A primary mechanism sustaining de jure impunity in modern Nepal is the so-called “policy decision” loophole, formally codified in Section 4(b) of the CIAA Act of 1991. This legislative provision explicitly states:

The Commission, pursuant to the Act, shall not take any action in matters relating to any business or decisions taken at meetings of any House of Parliament or of any committee or any policy decisions taken by the Council of Ministers or any committee thereof or judicial actions of a court of law.

The law does not allow the CIAA to conduct investigations on any decision made by the members of the parliament, the council of ministers, or the judges. Also, because the law fails to provide a rigorous, restrictive, and legally binding definition of what constitutes a “policy decision,” politicians and bureaucrats routinely exploit this ambiguity. There is a pervasive and growing tendency among policymakers at the federal, provincial, and local levels to elevate routine administrative actions, public procurement contracts, and lucrative resource distributions to the Cabinet level solely to shield them from CIAA scrutiny.8

The CIAA itself has decried this tendency, officially requesting an end to the practice of taking issues supposed to be decided by a specific ministry or department directly to the Cabinet.8 This deliberate misclassification creates a system where high-level officeholders can indulge in grand corruption with absolute legal immunity, effectively transferring the legal risk away from individual ministers to a collective, unprosecutable body.9

A proposed third amendment to the CIAA Act sought to finally narrow the definition of “policy decisions,” explicitly stating that decisions intended to benefit specific individuals or private organizations, or those contrary to publicly announced policies and public procurement laws, cannot be shielded from investigation.10 However, this provision met fierce resistance from top political leaders, raising deep suspicions regarding the government’s commitment to transparency.11

The Supreme Court of Nepal has wrestled with the limits of prosecutorial discretion and executive immunity. In landmark cases such as Narendra Bahadur Chand v. CIAA (2002), the Supreme Court ruled on the parameters of professional immunity, establishing that while certain officials, like the Attorney General or District Attorneys, enjoy wide discretion in prosecution, decisions made with manifest mala fide intent remain subject to CIAA investigation.12 Public interest litigations have directly challenged the constitutionality of Section 4(b) of the CIAA Act. Petitioners argue that exempting Cabinet decisions is entirely arbitrary, contrary to the fundamental concept of an ombudsman, and directly promotes corruption by providing high-level officials with an impenetrable shield of immunity.9

Further controversy arose in 2024 during the parliamentary discussion of the proposed amendment to the Prevention of Corruption Act (2002). The bill, introduced in 2020, stipulated that “A case must be prosecuted within five years from the date of knowing that such an act has been committed” and extended this protection to retired officials.13 It was widely criticized by legal experts, civil society, and opposition parties (including the RSP and sections of the NC) as a deliberate, calculated attempt to grant permanent retroactive amnesty to politicians involved in massive historical scams. Following massive public outcry and resistance within the State Affairs and Good Governance Committee, the statute of limitations provision was removed from the proposed bill.14

3.2 Disparities in Perception of Corruption and Anti-Corruption Enforcement

The Corruption Perceptions Index (CPI), published annually by Transparency International, is the primary, most universally recognized metric for evaluating public sector corruption globally. The CPI aggregates governance-related data from numerous independent international organizations, including the World Bank, the World Economic Forum, the Bertelsmann Foundation, and the World Justice Project, to score countries on a scale from 0 (highly corrupt) to 100 (very clean).15

Nepal’s CPI score (2015-2025)

Data show Nepal’s performance in controlling corruption has shown absolutely no meaningful improvement.15 A CPI score consistently hovering around 34 indicates a profound, multi-generational failure of the state machinery to implement effective anti-corruption measures, placing Nepal firmly in the lower tier of the global index and categorizing it among nations with highly corrupt public sectors (any score below 50).

The Transparency International report further highlights the immense disconnect between the government and the populace, revealing that an overwhelming 84 percent of Nepalis perceive government corruption as a massive national problem, with 12 percent of public service users explicitly admitting to having paid a bribe within the previous twelve months just to access basic rights.15 The Rule of Law Index, compiled by the World Justice Project, mirrors these severe concerns.

While legislative struggles and CPI indicate troubles in anti-corruption measures, an examination of the Special Court’s historical data reveals a stark and troubling disparity. These underscore a profound tendency to prosecute low-level administrative fraud while high-level systemic embezzlement remains virtually untouched.

Corruption-related cases and outcomes3

Although the data is old, the trend has not changed much. It demonstrates a clear, undeniable pattern: the overwhelming majority of successful convictions relate to relatively minor, easily provable offenses, such as the forgery of fake government certificates. Conversely, complex cases involving unexplained wealth (illicit enrichment), massive public procurement fraud, and high-level bribery exhibit significantly lower conviction rates and constitute a disproportionately small fraction of the total judicial docket.

This statistical reality reflects a broader institutional culture where the CIAA frequently focuses its limited resources on “sting operations” targeting lower-level civil servants, while complex, high-value scandals orchestrated by the political elite remain paralyzed by legal loopholes, intense political interference, and an overarching culture of de facto impunity.16 Over 60 percent of corrupt activities fall entirely outside the practical scope of the law, and the criminal justice system is heavily affected by delays that further undermine deterrence.16

3.3 Institutional Capture through Political Appointments

As we discussed in the article: 7 Constitutional Loopholes and Provisions that Give Superpower to Political Parties in Nepal, political parties have an exceptional influence over political appointments. Such a deeply entrenched “Bhagbanda” system has established a political culture of aggressive quota sharing and factional negotiation among the major political parties. Rather than appointing individuals based on merit, integrity, and professional competence, political parties divide key constitutional and judicial appointments among themselves to ensure mutual protection and to maintain total influence over the state apparatus.

7 Constitutional Loopholes and Provisions that Give Superpower to Political Parties in Nepal

Consequently, the CIAA is frequently staffed by former bureaucrats who maintain deep, ongoing loyalties to the specific political leaders or parties that successfully facilitated their appointments.17 This fundamentally compromises the CIAA’s ability to act as an independent ombudsman. The general public often predicts which party’s quota an appointment fulfills, completely undermining the institution’s credibility.17

This mechanism of political capture extends deeply and destructively into the judiciary. Although the Constitution of Nepal envisions an independent judiciary, free from the legislative and executive branches, the Judicial Council, which recommends the appointment of judges, is heavily influenced, if not entirely dominated, by political interests.18 The politicization of judicial appointments has severely eroded the competency, impartiality, and integrity of the courts. Judges appointed through the Bhagbanda system are widely perceived as beholden to political parties, leading to court verdicts that appear heavily influenced by political pressure rather than legal merit.

Legal experts point to the events of 2013 as a major turning point, when then-Chief Justice Khil Raj Regmi was appointed as the chairman of the Council of Ministers (effectively the Prime Minister) to oversee elections.18 This extraordinary merging of the executive and judicial branches laid the foundation for the profound political exploitation of the judiciary. The Nepal Bar Association has repeatedly highlighted that corruption is deeply rooted within the judicial system, particularly in courts of first instance, where bribes and unethical conduct by legal professionals further subvert justice.7

The systemic corruption within the judiciary was officially acknowledged by a Supreme Court-commissioned task force led by former Chief Justice Hari Krishna Karki. To combat rampant irregularities, undue influence, and corruption within the judicial process, the panel recommended reforms such as the adoption of an automated lottery system for assigning cases to justices, replacing the traditional system where the Chief Justice had the discretionary power to assign benches—a practice ripe for manipulation and executive interference.19 While the Supreme Court recently constituted a task force to implement these recommendations under Chief Justice Prakash Man Singh Raut, the delayed implementation of these reforms underscores the immense resistance from entrenched interests seeking to preserve a pliable, politically responsive judiciary.

4. High-Profile Case Studies of Systemic Corruption

4.1 The Fake Bhutanese Refugee Scam

The Fake Bhutanese Refugee Scam stands as one of the most notorious, internationally embarrassing examples of systemic state capture, fraud, and human trafficking orchestrated by the Nepalese political elite. In this highly complex fraud scheme, a political-bureaucratic syndicate colluded to extort millions of rupees from over 875 Nepali citizens. The victims paid massive sums ranging from Rs 1 million to Rs 5 million under the false promise of being supplied with fabricated credentials identifying them as Bhutanese refugees eligible for highly sought-after third-country resettlement, primarily to the United States.20

This scam stems from the real problem of Bhutanese refugees in Nepal. Between 1990 and 1993, many Nepali-speaking Bhutanese were expelled from Bhutan, taking refuge in camps in eastern Nepal. Between 2007 and the conclusion of the resettlement program, the United Nations High Commissioner for Refugees (UNHCR) successfully resettled over 113,000 genuine Bhutanese refugees from these camps to Western countries, with the US alone taking over 90,000. The racketeers exploited the residual administrative infrastructure and international goodwill of this massive humanitarian effort for pure private financial gain.20

The scandal resulted in the arrests of exceptionally high-ranking officials, including former Deputy Prime Minister Top Bahadur Rayamajhi, former Home Minister Bal Krishna Khand, former Home Secretary Tek Narayan Pandey, and Indrajeet Rai (security advisor to the former home minister).20 The District Attorney Office in Kathmandu filed criminal cases against 30 individuals, indicting them on severe charges of treason, organized crime, fraud, and forgery, specifically seeking aggravated penalties for the public officials involved due to their abuse of office. The involvement of such high-level figures outraged the society and drew deep international concern, with rampant speculations that the US Federal Bureau of Investigation (FBI) was monitoring the probe due to the implications for US immigration security.

Top Bahadur Rayamajhi (Left) and Balkrishna Khand (Right)

Despite the unprecedented nature of these arrests, the specter of impunity remained prominent. On July 14, 2026, the Kathmandu District Court gave its final verdict in the case.20 The punishments to the convicts, however, look meagre in comparison to the crimes related to document forgery, organized crime, and crime against the state. For instance, Top Bahadur Rayamajhi has been sentenced to 4 years in prison and a fine of Rs. 40,000, and Balkrishna Khand will serve 1 year in prison and pay a fine of Rs. 15,000.

4.2 The Lalita Niwas Land Grab

The Lalita Niwas scam perfectly exemplifies the exploitation of the “policy decision” loophole to orchestrate the mass privatization of prime state assets. The case revolves around the unauthorized and systematic transfer of highly valuable government-owned land in Baluwatar, Kathmandu—situated adjacent to the official residence of the Prime Minister, the Nepal Rastra Bank, and several VVIP addresses—to private individuals and corporate entities.21 Key figures implicated included Min Bahadur Gurung, the proprietor of Bhatbhateni Supermarket, and former election commissioner Sudhir Shah.21

The land transfer was facilitated through a highly organized scheme utilizing fraudulent documents, phony government stamps, and, crucially, executive approvals obtained directly through the Council of Ministers.21 Initially, the CIAA utilized the provision of Section 4(b) of the CIAA Act to exempt former Prime Ministers Madhav Kumar Nepal and Baburam Bhattarai from prosecution, arguing that their executive directives to transfer the land constituted collective “policy decisions” strictly beyond the commission’s jurisdiction. Instead, the anti-graft body filed corruption charges against subordinate ministers who implemented the directives, such as Bijay Kumar Gachchhadar (Minister for Physical Infrastructure) and Chandra Dev Joshi (Minister for Land Reform).22

However, the Supreme Court mandated that the top decision-makers who facilitated the transfer process via the Cabinet must also be subjected to criminal investigation, challenging the absolute immunity historically granted to Prime Ministerial decrees. Consequently, the Central Investigation Bureau (CIB) recorded formal statements from both former Prime Ministers, setting a new precedent for accountability.21 Despite this, the ultimate resolution of the Lalita Niwas cases remains a critical litmus test for the Nepali state’s capacity to dismantle high-level impunity. Ongoing legal maneuvers continue to determine whether the land will be fully returned to the government and whether all involved actors, including judges and relatives of prominent politicians like Arju Rana Deuba, will face supplementary charge sheets.23

4.3 A Legacy of Unpunished Financial Irregularities

The Fake Bhutanese Refugee and Lalita Niwas scandals are not isolated anomalies but represent the apex of a sustained historical trend of unpunished resource extraction across virtually all sectors of the Nepali economy.

Major Corruption ScandalEstimated Financial Scale / LossStatus / Implicated Entities
Lalita Niwas Land Grab~ Rs. 13 billionFormer PMs, Ministers, Private Developers
False VAT Bill Scandal~ Rs. 10 billionPrivate sector, Revenue Administration
Widebody Aircraft Purchase~ Rs. 4.3 billionMinistry of Tourism, Nepal Airlines Corporation (NAC)
Illegal Fees in Medical Colleges~ Rs. 3 billionEducational Institutions, Regulatory Bodies
Security Printing Press~ Rs. 3 billionMinistry of Communication
38 Quintal Gold Smuggling~ Rs. 1.5 billionCustoms, High-ranking Police Officials
Pokhara International Airport~ Rs. 461.5 millionCAAN officials, Foreign Consultants
Lauda Air Lease Scandal~ Rs. 380 millionHigh-level politicians (historically unpunished)
Table: Major corruption scandals in Nepal

In the recent case of the Chinese-funded Pokhara International Airport, the CIAA filed charges in the Special Court against 21 individuals, including two Chinese officials, for the gross misappropriation of consulting funds. The officials directly bypassed the Engineering, Procurement, and Construction (EPC) contract terms, transferring an allocated $2.8 million to an unapproved joint venture (ERMC/Anot/Slate JV), resulting in hundreds of millions of rupees lost in a single transaction.24

In earlier foundational cases, such as the Lauda Air scandal, the leasing of aircraft without formal bidding caused immense losses to the national flag carrier (Rs. 380 million), yet high-level leaders like Girija Prasad Koirala entirely evaded accountability.16 Similarly, the procurement of Widebody aircraft involved massive irregularities that led to the conviction of lower-tier officials like former Finance Secretary Shishir Kumar Dhungana, who was sentenced to prison and heavily fined (Rs 120 million), while the overarching political architects who approved the funding remained relatively untouched.25

These compounding scandals unequivocally demonstrate that public funds in Nepal are systematically siphoned into private hands through complex, politically protected mechanisms, stifling national development and perpetuating deep economic fragility.16

5. Socio-Economic Impacts

The economic cost of systemic corruption in Nepal extends far beyond the immediate, quantifiable financial losses detailed in high-profile scandals. At a macroeconomic level, widespread corruption, coupled with political instability, acts as a severe deterrent to both domestic capital formation and foreign direct investment.27 This fundamentally limits the state’s productive capacity, ensuring it remains trapped in a low-growth equilibrium. The illicit diversion of resources away from productive uses critically reduces the efficacy of public policies designed to alleviate poverty and construct essential national infrastructure.28

Empirical research on Nepal’s economic trajectory emphasizes that the quality of governance is directly correlated with economic output.27 Mathematical assessments confirm that approximately 92 percent of GDP growth volatility in Nepal can be explained by fluctuations in infrastructure investment, political stability, monetary freedom, and the effectiveness of anti-corruption measures.27 When the state is completely captured by rent-seeking elites, funds that should be allocated for critical development projects are absorbed by the informal economy, perpetuating a cycle of underdevelopment and socio-economic inequality.16 The Gini coefficient for Nepal, historically recorded around 30, reflects this deep structural maldistribution of wealth exacerbated by corrupt governance.7

On a microeconomic level, the lived experience of ordinary Nepali citizens interacting with the state apparatus is fundamentally defined by the necessity of navigating corruption. Due to a highly complicated bureaucracy characterized by redundant documentation, intentionally opaque procedures, and a total lack of transparency, a vast informal economy of bribery has become normalized at the grassroots level.2 Businesses and citizens rely heavily on these informal payments simply to function, fully aware that such behavior actively damages the institutional fabric. This dynamic leads to intense, simmering public discontent regarding the government’s ability to deliver services efficiently, eroding the social contract between the state and the citizen.2

The burden of the systemic corruption falls disproportionately upon the poorest, most vulnerable, and most marginalized segments of society. Corruption relating to the illegal exploitation of land, forestry, and water resources often leads directly to environmental degradation and the dispossession of indigenous territories. Because these communities lack the financial means to participate in the pervasive bribery culture to secure their rights and are historically vastly underrepresented in the civil service and political leadership, they are systematically excluded from the benefits of state resources.29 Illicit financial flows driven by corruption erode the domestic tax base and dramatically worsen inequality, increasing Nepal’s dependence on official development assistance while actively stalling vital poverty reduction initiatives.

The culmination of this massive economic despair, compounded by unabated impunity, has manifested in significant socio-political unrest and violence. When structural corruption leaves the state unable to generate employment or manage inflation, the youth demographic—comprising over 60 percent of the population, with youth unemployment exceeding a staggering 20 percent—experiences profound disenfranchisement.30 This volatile economic reality ignited the massive Gen Z-led protests that swept Kathmandu and other regions in September 2025 and continued into early 2026.

Transparency International Nepal explicitly validated this connection, stating that the immense public frustration and the Gen Z protests were directly driven by corruption, the abuse of power by political leadership, and the systematic exclusion of young people from employment, economic opportunities, and accessible public services.57 This pattern aligns with broader regional instability seen in Bangladesh and Sri Lanka, proving that economic grievances born of corruption invariably translate into catastrophic political instability.

6. Conclusion

The intricate, symbiotic relationship between impunity and corruption in Nepal represents a severe, self-sustaining crisis of governance that threatens the foundational stability of the democratic state. As this analysis has demonstrated, corruption in the nation is not merely a collection of isolated transactional bribes; it is a deeply entrenched systemic condition facilitated by the continuous, deliberate subversion of the rule of law by the political elite. The historical legacy of autocratic regimes established a powerful precedent of elite exemption that has seamlessly adapted to the structures of the modern federal democratic republic.

Resilience is maintained through carefully engineered legal vulnerabilities and institutional capture. The “policy decision” loophole within the CIAA Act allows the executive branch to legally shield massive financial irregularities, such as the Lalita Niwas land grab and multi-billion rupee procurement frauds, under the guise of collective Cabinet immunity.

Simultaneously, the Bhagbanda system ensures that the very institutions explicitly designed to enforce accountability, the CIAA, the judiciary, and others, are thoroughly captured through partisan appointments. When the investigative and judicial apparatuses are populated by individuals beholden to political patrons, the resulting de facto impunity ensures that only low-level bureaucratic infractions are prosecuted. Meanwhile, monumental state-capture schemes, like the Fake Bhutanese Refugee scam, are perpetually plagued by delays, selective prosecution, and blatant executive interference.

The macroeconomic and social costs of this impunity are catastrophic. It diverts vital infrastructure funding, stifles foreign direct investment, and exacerbates inequality, disproportionately harming marginalized Indigenous and Dalit communities whose resources are relentlessly exploited. The absolute normalization of bribery in essential public service delivery alienates the citizenry and fundamentally undermines the legitimacy of the state. As empirical metrics from Transparency International consistently indicate, the state’s total failure to improve its corruption indices directly validates the immense economic despair that drives explosive public unrest, including the violent Gen Z protests that rocked the nation in late 2025 and early 2026.

Dismantling this deeply rooted culture requires interventions that target the structural enablers of impunity. To alter the current trajectory, the political consensus that protects high-level offenders must be dismantled by ensuring the absolute independence of the judiciary and anti-corruption commissions, completely free from the quota-sharing mechanisms of political parties. Legal loopholes, particularly the broad exemptions for Cabinet policy decisions, must be aggressively restricted through clear, limiting legislation. Any attempts by the legislature to introduce statutes of limitation for grand corruption must be permanently abandoned.

Without the full, impartial enforcement of the law, equal accountability for the topmost political leadership, and the robust protection of civil society oversight, the nexus of impunity and corruption will continue to cripple Nepal’s trajectory toward sustainable economic development and democratic integrity.

Works cited

  1. Waiting for Justice: Unpunished Crimes from Nepal’s Armed Conflict: III. History of Impunity – Human Rights Watch, https://www.hrw.org/reports/2008/nepal0908/4.htm
  2. View of Lived Experiences of Corruption in Public Service Delivery: A Phenomenological Study in Butwal, Nepal, accessed March 25, 2026, https://www.nepjol.info/index.php/jis/article/view/88420/67140
  3. Corruption and Anti-Corruption in Nepal—NASC Document, https://dms.nasc.org.np/sites/default/files/documents/Corruption%20and%20Anti-Corruption%20in%20Nepal%20Lessons.pdf
  4. The Level of Corruption in Democratic Republic of Nepal: An In-depth Analysis of Root Causes, Governance Impact, and Potential Solutions, https://www.researchgate.net/publication/381717369_The_Level_of_Corruption_in_Democratic_Republic_of_Nepal_An_In-depth_Analysis_of_Root_Causes_Governance_Impact_and_Potential_Solutions
  5. MySansar, https://www.mysansar.com/archives/2007/10/2018/
  6. Nepal: Ensure Credible Transitional Justice Appointments—Human Rights Watch, https://www.hrw.org/news/2025/05/12/nepal-ensure-credible-transitional-justice-appointments
  7. Nepal Country Report 2024 – BTI Transformation Index, https://bti-project.org/en/reports/country-report/NPL
  8. CIAA calls out ‘corruption in guise of policy decision’ – The Kathmandu Post, https://kathmandupost.com/national/2023/12/21/ciaa-calls-out-corruption-in-guise-of-policy-decision
  9. Why can’t CIAA probe Cabinet decisions, asks apex court – The Himalayan Times, https://thehimalayantimes.com/nepal/why-cant-ciaa-probe-cabinet-decisions-asks-apex-court
  10. Bill aims to bring Cabinet decisions under CIAA’s watch – The Kathmandu Post, https://kathmandupost.com/national/2024/12/19/bill-aims-to-bring-cabinet-decisions-under-ciaa-s-watch
  11. Anti-corruption and CIAA Bills: Five Years together, now divided – Onlinekhabar English, https://english.onlinekhabar.com/anti-corruption-and-ciaa-bills-five-years-together-now-divided.html
  12. Authority without accountability: The struggle for justice in Nepal, https://www.icj.org/wp-content/uploads/2013/10/ICJ-AUTHORITY-WITHOUT-ACCOUNTABILITY-final-1.pdf
  13. A proposal for a law that would limit corruption to only five years, Kantipur, https://ekantipur.com/en/news/2024/08/12/a-proposal-for-a-law-that-would-limit-corruption-to-only-five-years-08-50.html
  14. House committee agrees to remove 5-year statute of limitations from corruption-related bill, accessed March 25, 2026, https://en.setopati.com/political/163599
  15. Nepal – Transparency.org https://www.transparency.org/en/countries/nepal
  16. HISTORICAL ROOTS OF IMPUNITY AND CORRUPTION 95 A peer-reviewed open-access journal indexed in NepJol ISSN 2990-7640 (online); I https://nepjol.info/index.php/mef/article/download/73940/56607/214769
  17. For Stronger CIAA – The Rising Nepal, https://risingnepaldaily.com/news/75577
  18. Politicization of Nepal’s judiciary is entrenched | The Annapurna Express, https://theannapurnaexpress.com/story/49209/
  19. Supreme Court to implement Karki panel’s report on judicial reform – The Kathmandu Post, https://kathmandupost.com/national/2024/10/24/supreme-court-to-implement-karki-panel-s-report-on-judicial-reform
  20. Bhutanese refugees scam – Wikipedia, https://en.wikipedia.org/wiki/Bhutanese_refugees_scam
  21. Lalita Niwas scam probe: People have every right to know uncensored truth, https://theannapurnaexpress.com/story/45523/
  22. Three cases related to Lalita Niwas land scam scheduled for hearing today, https://english.ratopati.com/story/38548
  23. Lalita Niwas to Lichibagan: Always a curve on government land – Kantipur, https://ekantipur.com/koseli/2025/10/11/en/lalita-niwas-to-lichibagan-always-a-curve-on-government-land-53-16.html
  24. Third graft case filed over China-funded Pokhara airport, 21 charged – Asia News Network, https://asianews.network/third-graft-case-filed-over-china-funded-pokhara-airport-21-charged/
  25. Shishir Dhungana’s appointment as auditor general was also halted due to CIAA’s letter, https://en.setopati.com/political/165314
  26. Karki commission’s recommendations on the Gen Z protests, explained in 10 points, https://kathmandupost.com/national/2026/03/25/karki-commission-s-recommendations-on-the-gen-z-protests-explained-in-10-points
  27. Effect of Quality of Government, Political Condition, and Public Spending on Economic Growth of Nepal | Journal of Business and Management Review, https://profesionalmudacendekia.com/index.php/jbmr/article/view/1471
  28. The Impact of Governance, Corruption Control, and Political Stability on Economic Growth in Nepal: An Econometric Analysis, https://nepjol.info/index.php/JPS/article/view/75773/58118
  29. Impact of corruption on indigenous people, https://knowledgehub.transparencycdn.org/helpdesk/245_Impact_of_corruption_on_indigenous_people.pdf
  30. The economic roots of Nepal’s uprising—and what it means for region, https://www.atlanticcouncil.org/blogs/new-atlanticist/the-economic-roots-of-nepals-uprising-and-what-it-means-for-the-region/

Democracy beyong voting

Why voting alone is not democracy

By

On March 6, 2026

In Blogging, essay, Humans and Humanity, Politics

Before we begin this article, let’s watch the video below.

Courtesy: 7 News, Australia

The video shows Kim Jong Un being elected as the leader of his Workers’ Party with 100% approval. It’s legitimate voting according to Kim and his sycophants. But we know it’s not democratic. We know what happens to the North Koreans who defy Kim.

On the opposite spectrum is Switzerland, where voter turnout is less than 50%. The low turnout is because of the frequency and complexity of elections. They vote for popular initiatives – petitions filed by the public; for referendums for changing the constitution and laws; and for the election of representatives at different levels.

We also have countries Uruguay and Belgium with voter turnout of over 85% and that are highly democratic.

But then there are countries like Tunisia and Haiti, whose voter turnout in the last elections (2023 and 2015, respectively) sits at 11.4% and 17.8%. These countries have been classified as having poor democratic representation.

These examples paint a complex picture. Countries with both high and low voter turnout are authoritarian. Similarly, democratic countries also have both high and low voter turnouts.

In this article, we explore one aspect: how authoritarian regimes use elections for their legitimacy and why voting alone is not democracy.

“Performing” Democracy

Modern political democracy is a system of governance in which rulers are held accountable for their actions in the public realm by citizens, acting indirectly through the competition and cooperation of their
elected representatives.

—Philippe C. Schmitter and Terry Lynn Karl

A democracy, according to Robert Dahl, Philppe C. Schmitter, and Terry Lynn Karl, should have the following nine procedures:

  1. Control over government decisions about policy is constitutionally vested in elected officials.
  2. Elected officials are chosen in frequent and fairly conducted elections in which coercion is comparatively uncommon.
  3. Practically all adults have the right to vote in the election of officials.
  4. Practically all adults have the right to run for elective offices in the government.
  5. Citizens have a right to express themselves without the danger of severe punishment on political matters broadly defined.
  6. Citizens have a right to seek out alternative sources of information. Alternative sources of information exist and are protected by law.
  7. Citizens have the right to form associations or organizations, including independent political parties and interest groups.
  8. Popularly elected officials must be able to exercise their constitutional powers without being subjected to overriding (albeit informal) opposition from unelected officials.
  9. The polity must be self-governing; it must be able to act independently of constraints imposed by some other overarching political system.

Most people, however, believe that democracy refers to having regular fair elections. This fallacy, known as “procedural fallacy” or “electoralism”, rests on the erroneous faith that the mere act of holding elections will channel political conflict into peaceful contestation and confer legitimacy upon the victors, regardless of the structural conditions under which those elections occur.

Contemporary autocrats have mastered the art of “performing” democracy. They do not abolish institutions; they hollow them out. They do not ban opposition; they render it impotent. They do not cancel elections; they engineer them. They have turned democracy into illusion.

Elections, therefore, do not always equate to democracy.

Competitive Authoritarianism and Rigged Voting

Steven Levitsky and Lucan Way introduced the concept of “Competitive Authoritarianism” to describe regimes that possess the formal architecture of democracy—legislatures, judiciaries, and multiple parties—but where the playing field is so heavily skewed it cannot be considered democratic.

The incumbent often has an advantage over others in competitive authoritarianism because of the following three generations of rigging.

First-Generation (Crude Rigging)

Prevalent during the Cold War and early transition periods, this kind of involves physical ballot stuffing, violent voter suppression, and the overt falsification of tally sheets. This method is high-visibility and high-risk.

The regime of Ferdinand Marcos (1965–1986) in the Philippines provides a quintessential example of Cold War proceduralism. After declaring martial law in 1972 to “save the republic” from communist insurgency, Marcos did not abolish the constitution; he replaced it with the 1973 Constitution, creating a parliamentary framework that concentrated power in his hands.

The 1978 elections for the Batasang Pambansa (Interim National Assembly) were a masterclass in performative democracy. Marcos allowed the opposition coalition, Lakas ng Bayan (LABAN), led by the imprisoned Benigno Aquino Jr., to run in Metro Manila. However, the regime denied LABAN access to media, banned public rallies, and engaged in massive vote-buying. On election day, the result was a clean sweep for Marcos’s Kilusang Bagong Lipunan (KBL) party (21-0 in Manila). The fraud was so blatant that it triggered a “Noise Barrage” protest, yet the U.S. State Department, prioritizing the security of Subic Bay Naval Base and Clark Air Base, accepted the “official” results as a step toward “normalization”.

Marcos repeated this in the 1981 presidential election, which he “won” with 88% of the vote against a token opponent, Alejo Santos, after the legitimate opposition boycotted. Vice President George H.W. Bush’s famous toast to Marcos—“We love your adherence to democratic principles and to the democratic processes”—encapsulated the era’s procedural fallacy: the existence of the process was sufficient for validation, regardless of the principle. It was only when the “Snap Election” of 1986 exposed the regime’s crumbling control and the military defected that the U.S. withdrew support, proving that validation was contingent on the autocrat’s ability to maintain stability, not democracy.

Second-Generation (Institutional Bias)

The second-generation rigging, prevalent in the 1990s and 2000s, includes gerrymandering, the packing of electoral commissions with partisans, and the misuse of state media.

The end of the Cold War fundamentally altered the incentives for autocrats. Overt dictatorships lost international funding and legitimacy. To survive, autocrats had to adopt the full architecture of democracy. This era gave birth to Competitive Authoritarianism, where the struggle was between Western conditionality (linkage and leverage) and the incumbent’s ability to manipulate the level playing field.

Alberto Fujimori’s regime in Peru (1990–2000) serves as a critical case study of how an elected leader can use democratic mandates to destroy democracy. Faced with a hostile Congress and the Shining Path insurgency, Fujimori executed an autogolpe (self-coup) in April 1992, dissolving the legislature and judiciary with military backing.

What followed was a sophisticated use of the procedural fallacy to regain international standing. Under intense pressure from the Organization of American States (OAS), Fujimori did not embrace permanent dictatorship. Instead, he:

  1. Convened a Democratic Constituent Congress (CCD) to draft a new constitution.
  2. Held a referendum to ratify it.
  3. Organized general elections in 1995.

Fujimori won the 1995 election in a landslide (64%) against Javier Pérez de Cuéllar. International observers validated the election as procedurally “acceptable”, effectively washing away the sin of the 1992 coup. This validation ignored the underlying reality: the National Intelligence Service (SIN), led by Vladimiro Montesinos, was systematically bribing judges, media owners, and opposition figures to ensure Fujimori’s dominance. The “clean” election of 1995 masked the “dirty” institutional capture, allowing the regime to survive until the Vladivideos scandal exposed the rot in 2000. This case highlighted the danger of international observers focusing on election-day mechanics while ignoring the inter-election destruction of checks and balances.

Third-Generation (Autocratic Legalism)

Prevalent post-2010, the third-generation rigging involves “lawfare” (disqualifying candidates on technicalities), the capture of the judiciary, digital surveillance, internet shutdowns, and the deployment of “zombie observers” to dilute criticism.

The trajectory of Bangladesh under Sheikh Hasina (2009–2024) offers a stark illustration of how the procedural fallacy can eventually lead to regime collapse. Hasina employed progressively more brazen techniques to secure power:

  • 2014: The “Uncontested Election” (BNP boycott leading to 153 uncontested seats).
  • 2018: The “Midnight Election” (allegations of ballot stuffing the night before).
  • 2024: The “Dummy Candidate” Election. To avoid another uncontested poll, the Awami League ran “independent” candidates who were actually party members to create the illusion of competition.

The international reaction to the January 2024 election was polarized. The U.S. and UK declared the elections “not free or fair”. Conversely, India, China, and Russia validated the results, prioritizing strategic partnership. Hasina relied on this geopolitical shield and the veneer of the election to claim legitimacy. However, this “procedural” victory severed the regime’s connection to the populace. Lacking genuine consent, the regime crumbled in August 2024 in the face of student protests, proving that while elections can satisfy foreign allies, they cannot permanently contain domestic rage without substantive legitimacy.

The Controversy of International Legitimacy

The persistence of electoralism is sustained by specific international mechanisms that allow autocrats to shop for legitimacy.

The “Zombie Observer” Phenomenon

Autocrats have neutralized the threat of international election observation by cultivating their own monitoring groups. Regimes in Azerbaijan, Cambodia, Venezuela, and Zimbabwe, invite observers from the Shanghai Cooperation Organization (SCO), the Commonwealth of Independent States (CIS), and various “GONGOs” (Government-Organized NGOs). These missions invariably issue reports declaring the elections “transparent, free, and democratic,” often contradicting the findings of the Organization for Security and Cooperation in Europe (OSCE) or EU. This creates an “epistemic fog,” allowing the autocrat to claim that criticism is merely Western bias and pointing to “international validation” from friendly blocs.

However, the West has also repeatedly established and accepted authoritarian regimes as long as they support their interests. For example, the US and UK intelligence orchestrated the Operation Ajax to overthrow Iran’s democratically elected Prime Minister, Mohammad Mossadegh, after he attempted to nationalize the British-controlled oil industry. In his place, they restored absolute power to the monarch, Shah Mohammad Reza Pahlavi. The Shah ruled autocratically with a brutal secret police force (SAVAK) but was heavily armed and supported by the West until he was overthrown in the 1979 Islamic Revolution.

Similarly, the West supported the military rule of General Pervez Musharraf (1999–2008) for Pakistan was the frontline state in the “War on Terror”. With this support, General Musharraf conducted a referendum to consolidate his rule in 2002.

The Foreign Aid Trap

Research by Cheeseman and Desrosiers highlights how Western aid can inadvertently strengthen electoral autocracies. By continuing “everyday engagement” and funding “capacity building” for captured institutions (like judiciaries or electoral commissions), donors validate the structures of repression.

  • The “Aid Curse”: In regimes like Rwanda and Uganda, high levels of aid reduce the government’s dependence on tax revenue, making them less accountable to their citizens.
  • Bureaucratic Inertia: Donor agencies are incentivized to move money and demonstrate “technical” success (e.g., “we trained 500 judges”), often ignoring the political reality that those judges are not independent.
  • Inconsistency: The discrepancy in how the West treats elections in strategic partners (Pakistan, Egypt) versus adversaries (Venezuela, Belarus) undermines the moral authority of democratic promotion.

Geopolitical Diversification

The rise of a multipolar world has been a boon for electoral autocrats. China and Russia offer a “no strings attached” alternative to Western validation. For regimes in Bangladesh, Cambodia, and Zimbabwe, the support of Beijing (via the Belt and Road Initiative) and Moscow provides an economic and diplomatic lifeline that renders Western conditionality ineffective. Autocrats can now “look East” for validation if the West demands too much democracy

Elections v/s Rule of Law

If elections are the engine of democracy, the Rule of Law is the chassis. Without a strong legal framework, the engine tears the vehicle apart. The World Justice Project (WJP) Rule of Law Index 2025 provides alarming evidence of a global “Rule of Law Recession” that is accelerating, undermining the very foundations of democratic governance.

The Global Rule of Law Recession

In 2025, the global rule of law continued to deteriorate, with 68% of countries, including Nepal, experiencing a decline in their scores. This represents a significant worsening from the previous year, where 57% of countries declined.

  • Top Performers: The Nordic countries (Denmark, Norway, Finland, Sweden) and New Zealand continue to set the global standard. These nations demonstrate that high rule of law is inextricably linked to high levels of social trust, low corruption, and generally high voluntary voter turnout.
  • Bottom Performers: Venezuela, Afghanistan, Cambodia, Haiti, and Nicaragua rank lowest. In these nations, the law has ceased to be a constraint on power and has become an instrument of state control.

The Collapse of Checks and Balances

The most concerning trend identified in the WJP 2025 report is the targeted erosion of constraints on government powers. The pillars that are meant to hold the executive branch accountable are crumbling.

  • Legislative Weakness: Legislative checks on executive power declined in 61% of countries. Parliaments are increasingly bypassed by executive decrees or are dominated by super-majorities that act as rubber stamps for the leader’s will.
  • Judicial Capture: The judiciary is the “last line of defense” against executive overreach, yet it is currently losing ground. Judicial independence declined in 61% of countries. When courts are captured, as seen in the 2024 judicial reforms in Mexico which introduced the popular election of judges, the capacity for legal redress vanishes.

Trust Deficit

When a citizen cannot resolve a land dispute fairly or enforce a business contract because the courts are corrupt or inefficient, their trust in the “system” evaporates. This breeds cynicism and paves the way for populist strongmen who promise “justice” through extra-legal means. The data shows a clear correlation: countries with low civil justice scores (e.g., Venezuela, Cambodia) also have the highest levels of democratic dysfunction.

Corruption v/s Democracy

Corruption is not merely a financial crime; it is a solvent that dissolves democracy. The 2024 Corruption Perceptions Index (CPI) report by Transparency International paints a grim picture of the relationship between graft and governance, revealing a world where anti-corruption efforts have stagnated.

The global average CPI score remains stuck at 43/100, unchanged for over a decade. More than two-thirds of countries score below 50, indicating serious corruption problems.

  • Eastern Europe and Central Asia: This region is trapped in a “vicious cycle” where weak democratic institutions allow corruption to flourish, and the proceeds of that corruption are used to further weaken institutions.
  • Western Europe’s Slide: Even top-performing regions are backsliding. The UK (Rank 20) and other Western European nations have seen scores drop due to issues of “undue influence,” lobbying scandals, and the fraying of ethical standards in public office. This highlights that no democracy is immune to the corrosive effects of money in politics.

The Corruption-Turnout Nexus

The relationship between corruption and voter turnout is complex and context-dependent.

  • The Mobilization Effect: In functioning democracies, high perceptions of corruption can increase turnout as angry citizens mobilize to punish incumbents through voting. This was evident in the 2024 elections in South Africa and Senegal, where frustration with entrenched corruption contributed to significant political shifts and the loss of majorities for ruling parties.
  • The Apathy Effect: In contexts of systemic, endemic corruption, the effect is often the opposite. In Nigeria (CPI Score ~25), low turnout often reflects the widespread belief that the system is so rigged that voting changes nothing. When the electorate believes that all candidates are corrupt, the rational response is disengagement.
  • The Populist Bridge: High corruption perceptions often predict the rise of populist leaders. When “mainstream” parties are viewed as corrupt elites, voters turn to “anti-system” candidates who often dismantle democratic checks under the guise of “draining the swamp.” This narrative has been potent in the US, Brazil, parts of Europe, and in Nepal.

Wealth v/s Democracy

Seymour Martin Lipset’s seminal 1959 modernization theory posited that economic development creates the social conditions—literacy, a robust middle class, and civil society—necessary for democracy. The data from 2024-2025 challenges the universality of this thesis, suggesting a more fractured relationship between wealth and liberty.

The Anomaly of Wealthy Autocracies

The existence of high-income autocracies contradicts the linear Lipset trajectory. Countries like Singapore, Qatar, and the UAE possess high GDP per capita but maintain restrictive political systems.

  • The “Singapore Model”: Singapore ranks 3rd in the CPI (very clean) and has high governance effectiveness (Rank 9 in Governance Index), yet it restricts political pluralism. This represents the “technocratic authoritarian” ideal—a social contract where citizens trade political liberty for economic prosperity and administrative competence.
  • The Rentier State: The Gulf States (Saudi Arabia, Qatar, UAE) use oil rents to buy social peace, effectively severing the link between taxation and representation. The WJP Index shows these nations with relatively high rule of law scores regarding order and security, but abysmal ratings on fundamental rights. This demonstrates that wealth generated through resource extraction does not produce the same democratic pressures as wealth generated through industrialization or innovation.

Wealth Inequality: The Great Distorter

The distribution of wealth appears to be more predictive of democratic health than the aggregate wealth. High GDP per capita in the United States ($75,492 PPP) coexists with significant inequality and decline in democracy.

  • Inequality and Voice: Research on civic engagement indicates that economic inequality skews political influence. In unequal societies, the wealthy have disproportionate access to policymakers through lobbying and campaign finance, while the poor are marginalized. This leads to policies that further entrench inequality, creating a cycle of exclusion.
  • Poverty and Vulnerability: In lower-income democracies, poverty makes the electorate vulnerable to clientelism. Vote buying was recorded in at least 17 national elections in 2024, a direct consequence of economic vulnerability where a vote is sold for immediate subsistence needs rather than cast for long-term policy goals.

Conclusion

As we have seen from history, authoritarians have often arisen from elections and embraced them. Through clandestine operations and rigged international observers, they establish themselves as purveyors of democracy while dismantling democratic institutions. The global decline in rule of law and increasing corruption pose threat to the “rule of the people”.

Voting is necessary for democracy, but it should not be exclusive. As @NotsoLalit says in the embedded tweet, when grievances are reduced to elections, democracy becomes a formality and free pass for politicians to make promises without delivering anything. Also, a sustainable democracy is not limited to the tenure of elected representatives. It has to be a continuous process.

Ensuring meaningful participation of people at all levels is the key to strengthening democratic institutions. Moreover, without a restoration of the rule of law, the ballot box risks becoming nothing more than a coffin for liberty. The task ahead is not just to get out the vote, but to ensure that the vote still matters.

An image showing an electric car and charging station. Behind are the hills. The image is symbolic of Nepal's EV revolution.

“Nepal’s EV revolution” is making impressive international headlines, but is it going to be sustainable?

By

On September 1, 2025

In Opinion, Blogging, essay

In July and August 2025, Nepal’s EV revolution got featured in The New York Times (NYT) and Bloomberg. I also linked the NYT article on my post on right to clean environment citing it as a silver lining in environment protection. The electric vehicle (EV) boom looks promising, but there are a few questions that still linger: Will EVs replace petroleum vehicles? Will the use of electricity reduce petroleum import? Will EVs be sustainable? Although I am an employee at a corporation that imports petroleum, and EV growth is a growing concern here, these are my personal opinions and I will try to be as objective as possible.

Problems with Nepal’s EV Revolution

Import-based revolution

The number of EVs in Nepal has increased significantly, the “revolution” is not home-grown. Vehicles have always been imported here, whether they are petroleum-fueled or electric.

We rely heavily on our southern neighbour, India for petrol and diesel vehicles, with competition on two-wheelers and light four-wheelers from Japanese, Korean, and European companies. The EV market has increased the trade northwards as China innovates and produces more EVs at cheaper price.

But the truth is, we are still importing. Our import-based economy is worsening our trade deficit with both our neighbours, and in absence of research, development, and production in we are surely going to face problems in upscaling Nepal’s EV revolution.

Inadequate Electricity

Although Nepal the installed capacity of hydropower has increased in the recent years and Nepal has also increased, the demand is also increasing. We are also importing electricity from India in seasons when our production is low. We are facing deficit in the electricity trade as well. With increasing domestic demand and consumption, amplifed by the EV boom, more hydropower projects should be completed and operated.

EVs are not enough to reduce petroleum import

According to a news on Republica based on data from the Customs Department, EVs haven’t been able to reduce petroleum import. Although cars and scooters are becoming increasingly electric, motorcycles are still petrol-fueled. Similarly, heavy vehicles like buses, trucks, and tankers are mostly powered by diesel. Moreover, agricultural equipment like tractors, tillers, threshers, and mills usually on diesel. Whereas China has already produced mining electric trucks, Nepal’s EV revolution is yet to reach penetrate the heavy vehicle market.

EV subsidies may not be sustainable

Nepal has subsidised the import of EV over vehicles that consume fossil fuels. This has an impact on the customs taxes the country obtains. Debates on favour and against the subsidies have surfaced regularly. If Nepal waives off the concessions, the sales of EV could even decline.

Lack of policies on recycle and disposal of batteries

Nepal lacks policies regarding battery recycle and disposal. This has led to confusion regarding what will happen when the batteries of EVs die. The policies need to address the concerns of the vehicle owners as well as the environmental issues brought about by EV batteries.

Clean environment at consumer’s end

One of the biggest issues with EV worldwide is that the clean environment and zero emission is only possible at the consumer’s end. Manufacturing of vehicles still exploits natural resources. Moreover, batteries and chips used in EVs use rare elements, whose mining is exploitative and hazardous.

Cyber security

With EVs becoming increasingly used, their navigation and control systems can be at risk of being intervened by hackers. Nepal needs to upgrade its policies and infrastructures to tackle the challenges posed by data breach and other cybercrimes involving EVs.

Positives of Nepal’s EV Revolution

Energy Independence

After Nepal suffered an undeclared economic blockade from India in 2015, there is a growing concern to at least curb the use of petroleum products, which are exclusively imported from the southern neighbour. Although that goal hasn’t been achieved yet, Nepal is moving towards energy independence. Use of EVs consumes the home-produced hydroelectricity, circulating at least some money within the country.

Cleaner environment

Since Nepal is basically a consumer of EVs, pollution is minimized. EV boom in Nepal is expected to reduce smog which has been quite hazardous in cities like Kathmandu. Nepal should, however, raise voice against exploitation and environmental pollution caused by mining for rare earth metals and other minerals.

Champion for climate change policies

Nepal, as a developing Himalayan nation, has to pay heavy price for ill effects of climate change despite contributing very little to it. Nepal’s EV revolution is a statement against climate injustice and a strong advocacy for reducing the use of fossil fuel and net zero emission. The title of Bloomberg’s article itself shows appreciation of Nepal’s shift towards EV compared to majority of the West.

For smooth running of EVs, Nepal needs charging stations at regular intervals in highways. NEA has built over 60 chargimg stations on its own and has also allowed private charging stations for promoting EV use.

EVs are also suitable for smooth roads in proper urban settings. Such a requirement can help improve roads and carry on proper urbanization plans in all the parts of the country. Linking EV revolution with infrastructures can lead to sustainable developement.

The Way Forward

Nepal’s EV revolution is promising for energy independence and promoting climate initiatives. It may also lead to better infrastructures. However, the import-heavy trade is unsustainable. If we can promote development and production of our own EVs suitable to our needs, we can be more sustainable. The government should also come up with policies immediately for proper disposal and recycling of batteries for EVs.

A symbolic Image showing political neutrality in Nepal

Political Neutrality in Nepal’s Bureaucracy is a Bold Pipe Dream

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On August 5, 2025

In Opinion, Blogging, essay

When it comes to bureaucracy, one term that repeats often is political neutrality. PSC exams often include a question on this topic. While the competitors write that political neutrality is a must to provide an unbiased public service, realising it on the ground has become a pipe dream—a fantasy that looks good only on paper.

What is political neutrality?

Political neutrality is the legal and ethical obligation of public servants to provide unbiased and non-partisan service irrespective of their own and the government’s political leanings. It is a concept that expects civil servants to carry out their job with integrity and professionalism without favouring any political ideology.

Political neutrality generally encompasses the following elements:

  1. Impartiality: Public servants must provide services and advice based on fact, legality, and public interest rather than political beliefs.
  2. Non-partisanship: They must not engage in party politics, run campaigns, or use authority to help a certain party win election.
  3. Equal Service Delivery: The service delivered must be equal to all and must not be based on political affiliation.
  4. Loyalty to the Constitution and Laws: Their allegiance must be towards the Constitution and laws rather than political leaders.
  5. Professionalism and Integrity: The bureaucratic decisions and actions must be objective, merit-based, and free from political bias.
  6. Resistance to Political Pressure: They should be personally able to resist any sort of political pressure, and the civil service should have a mechanism to protect them at all costs.

Is political neutrality entrenched in Nepal’s laws?

Yes. Political neutrality is not only a bare concept but also a principle etched in the Constitution and relevant laws.

Constitutional Provisions

The directive principles (Article 50(1)) urge good governance, accountability, and equal access to public service, implicitly requiring public officials to act without political bias. Similarly, the State policy (Article 51 (b)) calls for:

…good governance by ensuring equal and easy access of people to services and facilities delivered by the State, while making public administration fair, competent, impartial, transparent, free from corruption, accountable, and participatory.

The Constitution has also established the Public Service Commission (PSC) to ensure fair and politically impartial recruitment, promotion, and transfer of public servants (Articles 242-243).

Civil Service Act

Sections 43 and 44 of the Civil Service Act, 2049 prohibit civil servants from taking part in politics. Section 61 states that a civil servant involved in politics can be expelled.

Good Governance (Management and Operation Act), 2064

Section 6 emphasises the objectivity, neutrality, and impartiality among the principles of administration.

Ground Reality of Political Neutrality in Nepal

1. Politicization of Bureaucracy

Frequent political interference in appointments, promotions, and transfers undermines meritocracy and encourages favouritism. Transfers of secretaries, chief district officers, or other officials based on political loyalty and “ease of working with the minister” rather than performance and capabilityy.

2. Influence of Political Patronage in Recruitment

While recruitment is supposed to be merit-based through the PSC, pressure from political parties sometimes influences contract appointments. This not only undermines the official recruitment process but also adds political pressure to civil servants.

3. Weak Enforcement of Civil Service Code of Conduct

Although the Civil Service Act prohibits political activities, disciplinary measures against violations are rarely enforced.

4. Lack of Institutional Autonomy

Many government agencies and regulatory bodies operate under excessive ministerial control, limiting their functional independence. There is little to no protection of public servants who oppose legally noncompliant decisions. Anyone who opposes is replaced by an easygoing individual. Such a lack of institutional integrity encourages political alignment for institutional survival or funding.

5. Frequent Government Changes

Instability at the political level, i.e., frequent changes in ministers and coalition governments, leads to reshuffling of administrative leadership, affecting policy continuity and neutrality.

6. Influence of Trade Unions Affiliated with Political Parties

Many civil service trade unions are directly affiliated with political parties, making bureaucracy a battleground for partisan interests. They directly influence promotions and transfers, undermining the collective ethos of civil service impartiality.

7. Low Administrative Accountability

Lack of a strong performance evaluation and reward system weakens the motivation for civil servants to remain neutral and professional, which, in turn, encourages loyalty to political masters.

Ways to Uphold Political Neutrality in Nepal

1. Strengthening the Public Service Commission

Enhance the functional autonomy, capacity, and independence of the PSC to resist political pressure in recruitment and promotions. A complete implementation of the provisions of the Public Service Commission Act, 2079, is a must.

2. Reforming Transfer and Promotion Practices

Institutionalise transparent, rule-based transfer and promotion criteria to prevent arbitrary political influence. Digitisation and publication of transfer decisions improve accountability.

3. Enforcement of Disciplinary Action

Enforce provisions of the Civil Service Act to take timely disciplinary measures against those found engaging in political activities.

4. Decoupling Trade Unions from Political Parties

Amend labour laws to prohibit party-affiliated unions in essential government services, particularly in civil administration.

5. Ethics and Integrity Training

Conduct regular training on political neutrality, public service ethics, and anti-corruption laws. Expand focus on governance ethics under the governance systems paper in PSC’s main examination.

6. Ensuring Institutional Autonomy

Grant greater budgetary, legal, and operational independence to regulatory and oversight bodies, such as Financial Comptroller General Office (FCGO), Commission for the Investigation of Abuse of Authority (CIAA), National Vigilance Centre (NVC), etc.

Reinforce constitutional and legal provisions regarding bureaucratic integrity and political neutrality, and include stronger safeguards in the upcoming civil service law.

8. Citizen Oversight and Transparency

Promote mechanisms like public audits, citizen charters, and grievance redress systems to reduce informal political interference. Align with the objectives of the Right to Information Act, 2064 for transparency.

Conclusion

The integrity of Nepal’s civil service depends on the institutionalisation of political neutrality. While the constitutional and legal frameworks are robust, challenges persist due to weak enforcement and pervasive political culture. Ensuring a meritocratic, rule-based, and citizen-focused bureaucracy demands a combination of legal reform, ethical leadership, and institutional restructuring. Only then it is possible to convert the fantasy of political neutrality into reality.

Piggy: The Ruined Rationalist in Lord of the Flies

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On July 18, 2025

In Character study, Book Review, essay

William Golding‘s Lord of the Flies is a brutal allegory of civilisation’s collapse explored in the realm of English boys stranded on an island. While Ralph symbolises democratic order and Jack the descent into savagery, Piggy stands apart as the voice of reason and intellect. However, despite being the most rational boy on the island, he is mocked and bullied for his uniqueness and ultimately destroyed. His tragic arc is not only a personal downfall but also evidence of humanity’s tendency to reject reason when fear and instinct take over.

Illustration of Piggy by Andrés Vera Martínez
Illustration of Piggy by Andrés Vera Martínez

Piggy’s Role in the Narrative

Piggy is the first boy introduced alongside Ralph. His fat body, thick glasses, thin hair that does not seem to grow, and asthma make him an unattractive outcast. He carries trauma from being bullied at home, which renders him socially awkward. Although Ralph introduces him to others with the dehumanising nickname Piggy, he is not mad at him for breaking the promise. He accepts the mockery as if calling by any name is enough. As a consequence, he is the only character whose real name is never revealed. Golding’s literary choice strips him of personal identity.

Despite his appearance, Piggy possesses the sharpest mind among the boys. He is responsible for several foundational ideas on the island:

  • The use of the conch shell as a symbol of democracy, order, and source of power.
  • The importance of maintaining the signal fire for rescue.
  • An insistence on rational thought over superstition when the littluns are scared of the beast.

Yet time and again, Piggy’s intellect is overshadowed by his social awkwardness. His ideas and logic don’t bear weight unless validated by Ralph, the leader. And when the others don’t care for his words, he follows them “with the martyred expression of a parent who has to keep up with the senseless ebullience of the children.”

Piggy and the Symbolism of the Glasses

Piggy’s spectacles serve as a powerful symbol in the novel:

  • They represent scientific knowledge that allows the boys to harness nature.
  • As the glasses are damaged and eventually stolen by Jack’s tribe, reason and clarity deteriorate on the island.
  • When Jack and his tribe steal the glasses, brute force usurps science.

By the time Piggy is murdered, the glasses are no longer an aid for vision but a tool for destruction, used to light destructive fires rather than the signal fire of hope.

Piggy and the Conch: Twin Pillars of Civilization

Piggy clings to the conch shell as desperately as he does to reason. He believes in its symbolic power and defends it even when the others no longer do:

“I got the conch! I got the right to speak!”

His faith in the conch mirrors his faith in rules, dialogue, and justice. It was also his compulsion to cling to order since he was vulnerable, and rules meant predictability to the promise of his protection. When Roger kills Piggy and the conch shatters, there is no longer civil discourse on the island.

Piggy’s Rationalizations and Flawed Humanity

Despite being the most logical character, Piggy is not immune to moral failings. He is scornful of the boys for behaving “like a crowd of kids!” When Jack breaks away from the group, he and Ralph are tempted by the meat. They cater to their hunger even if it is insulting.

Also, after Simon is brutally murdered, Piggy tries to rationalise the act:

“It was an accident… that’s what it was. An accident.”

This moment reveals that Piggy, too, is vulnerable. He cannot confront the full horror of what the boys have become. His attempt to preserve sanity by denying culpability shows that even reason seeks comfort in denial when faced with the abyss.

Piggy’s Death and Legacy

Golding seems to foreshadow Piggy’s death from the first successful hunt. The chant of “Kill the pig. Cut her throat. Spill the blood” seems to subconsciously hint the readers towards Piggy’s ultimate fate.

And when Piggy’s death comes, it is one of the most brutal and symbolic moments in the novel. He is crushed by a boulder rolled by Roger, a deliberate act of premeditated violence. Roger kills Piggy out of cold dominance.

Piggy falls with the conch in his hand. His death marks the complete collapse of civilisation, the final erasure of order and rationality from the island. No one mourns him. No one buries him. He is a forgotten martyr of lost reason.

Conclusion: Piggy as the Broken Voice of Enlightenment

In a world unravelling into chaos, Piggy’s voice is the one we most urgently need. Voices of rationality like his are also the ones most easily ignored. Piggy is the embodiment of Enlightenment values, crushed under the weight of fear, violence, and groupthink.

Through Piggy, Golding seems to ask:
What good is logic in a world ruled by emotion?
What power does reason have when no one listens?

In the end, Piggy doesn’t simply die. He is silenced. With him die rationality, logic, and civil discourse. And perhaps that is the greatest tragedy of all.

साहित्य सर्जकको साङ्केतिक चित्र A symbolic image of a writer creating literature

Salutations to Creators who Cultivate Literature from Thoughts

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On July 18, 2025

In essay, Blogging, Literature

The Planting of Thought

The movie Inception is about the planting of an “idea”—a thought. In it, a team enters someone’s dream and plants an idea in their mind, which then spreads like a virus. Interestingly, the person thinks the idea is their own. They believe no one but them could have thought it.

Likewise, our thoughts don’t come entirely from within either. For most people, personal struggles, society, the stories we see, hear, or read, and even fantasies plant various types of thoughts. For instance, I had a horrific news had inspired me to write I am the Devil. Meanwhile, the setting and the climax of What’s the Point? were based on my dream. Thoughts and ideas that enter the minds of writers grow in such a way that they cause unrest until they are written or turned into something. Yet, no matter how compelling the thoughts may be, most don’t become literature. Even prolific writers don’t write down everything that comes to mind.

Why Don’t All Thoughts Become Literature? What Blocks Them?

Both the individual and their society can become obstacles in literary creation. Most people don’t set aside time to write. When distracted by other work, unrecorded thoughts vanish, and the urge to write fades. Some people feel too lazy to write.

Society is also changing rapidly. What’s considered acceptable today may be deemed wrong tomorrow. In this way, some thoughts become irrelevant. Due to changes in perspective, writers often refrain from writing about old ideas.

Writer’s Block

The hardest part of writing is simply “getting started.” One of the most common problems faced by writers—especially those working on large literary projects—is writer’s block. This is a state in which, despite a strong desire to write, the writer is unable to do so. It can hit at any point—before beginning or midway through writing.

Recently, Paathshala writer Tirtha Gurung tweeted about experiencing this. George R. R. Martin, whose books were adapted into the hit series Game of Thrones, has long struggled to finish the final volumes.

Causes of writer’s block include:

  1. Fear of not being able to write as envisioned (the perfectionist trap).
  2. Doubt about completing the work.
  3. Fear of rejection in new writers; fear of disappointing fans in established ones.
  4. Emotional resistance when trying to articulate unspoken thoughts.
  5. The writer’s financial, social, or mental state.

How to Overcome Writer’s Block

In a conversation, George R. R. Martin, known as a perfectionist, asked Stephen King, “How do you write so much so quickly?” King’s simple but powerful reply was, “I write every day.”

King follows a rule: write at least six pages (2,000 words) daily—without worrying whether it’s good or bad. After completing the first draft of a novel, he lets it rest for a month and a half. During that time, he travels or writes something else. Then, he returns to revise the earlier draft.

King’s habits offer useful tips:

  1. Write regularly.
  2. Put thoughts on paper, no matter how they come out.
  3. Edit and revise later.

There’s a saying: “If nothing is written, there’s nothing to revise.” Of course, this is easier said than done.

In the Japanese animated film Whisper of the Heart, Shizuku dreams of becoming a writer. An elderly man named Nishi gives her a stone embedded with an emerald. After reading her first draft, he says, “You’ve mined a raw stone with effort. To polish it into a gem, you still need to work very hard.”

Original or Imitation?

Getting a literary work published professionally isn’t easy. Editors provide feedback on everything from spelling to plot structure. Writers go through multiple rewrites.

I once saw a photo on author Buddhisagar’s Facebook page of a huge stack of Karnali Blues drafts. Gabriel García Márquez’s first draft of One Hundred Years of Solitude was reportedly very different from the final book.

Reading such polished masterpieces can inspire new writers—but it can also be discouraging. Why?

  1. It makes them feel their ideas aren’t original.
  2. Our taste often evolves faster than our skill.

They say that nothing in this world is truly “original.” But that doesn’t mean new ideas can’t emerge. And if originality isn’t possible, imitation is a fallback.

But caution is needed. In art and literature, there’s an old rule:

“Imitating one person is plagiarism. Imitating a hundred is art.”
And another:
“Imitate so well that no one realises it’s imitation.”

The Path of a Writer

In Whisper of the Heart, when Shizuku says she wants to be a writer, her father replies:

“You’ve chosen a rare and difficult path. You’ll have to take responsibility for it yourself.”

Most writers’ lives aren’t easy. Internal conflict, family discord, social pressures from having different perspectives, and financial struggles are common.

Many writers have very few friends. Some brilliant authors have suffered from depression. The events surrounding the suicide of Bhairav Aryal, Nepal’s king of satirical literature, are heartbreaking. So too are the mental torments of Ryunosuke Akutagawa, the father of Japanese short stories.

After enduring inner turmoil, self-doubt, and numerous struggles, writers finally present their thoughts to readers. Only a few find financial success. Some readers don’t appreciate the ideas or their presentation. Sometimes, readers fail to even grasp the writer’s thinking. Some expect writers to express only the kinds of ideas they personally prefer. In extreme cases, books are torn or even burned by readers. Such acts are painful to see and hear about.

Of course, not everything written is good. Some books are written purely to spread propaganda or hatred. To expose such works, one must still read them.

Final Words

Salutations to all the writers who, without worrying much about success or failure, endure countless struggles and illuminate the world with the light of their thoughts!

(You can read the Nepali version of the article here.)

साहित्य सर्जकको साङ्केतिक चित्र A symbolic image of a writer creating literature

सोचबाट साहित्य उमार्ने सर्जकहरूको नाममा

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On July 17, 2025

In Blogging, essay, Literature, निबन्ध, नेपाली, साहित्य

सोचको वीजारोपण

चलचित्र “इन्सेप्सन” ‘आइडिया’ अर्थात् सोचको वीजारोपणको कथा हो । यसमा एउटा समूह आफ्नो ‘टार्गेट’को सपनामा गएर उसको दिमागमा कुनै सोच राखिदिन्छन्, जुन ‘भाइरस’ सरी फैलिन्छ । रमाइलो कुरा के भने त्यो मानिसलाई त्यो सोच आफैँ आएजस्तो लाग्छ । ऊ ठान्छ, त्यस्तो सोच ऊ आफूले बाहेक अरूले सोच्न सक्दैन ।

हाम्रो सोचहरू पनि आफैँ आउँदैनन् । अधिकांश मानिसलाई व्यक्तिगत संघर्ष, समाज, देखे, सुनेका अनि पढेका कथा र स्वैरकल्पनाले किसिसकिसिमका सोचको विजारोपण गरिदिन्छन् । जस्तो कि एउटा समाचारबाट प्रेरित भएर मैले आई एम द डेभिल लेखेको थिएँ भने ह्वाट्स द पोइन्टको परिदृश्य र क्लाइमेक्स सपनामा देखेको थिएँ । यसरी आउने सोचहरूले सर्जकहरूको मस्तिष्कमा चैँ ती सोच यसरी बढ्छन् कि त्यसको बारेमा केही नलेखेसम्म नबनाएसम्म छटपटी भइरहन्छ । तर जति नै छटपटी भए पनि धेरै सोचहरू अक्षरमा परिवर्तन हुँदैनन् । धेरै लेख्ने साहित्यकारहरू पनि मनमा आएका सबै कुरा लेख्दैनन् ।

किन बन्दैनन् सबै सोचहरू साहित्य ? केले छेक्छ?

मानिस आफैँ र उसको समाज पनि साहित्य सिर्जनामा बाधक हुन सक्छन् । अधिकांशले लेख्ने समय छुट्याउन सक्दैनन् । विभिन्न काममा अल्मलिँदा नलेखिएको सोच आफैँ हराएर जान्छ । लेख्न पनि मन लाग्न छोड्छ । कतिपय लेख्न अल्छी गर्छन् । समाज पनि एकदम छिटो परिवर्तित भइरहेको छ । आजका सामाजिक मान्यता भोलि गलत हुन सक्छन् । यसरी कतिपय सोचहरू असान्दर्भिक भइदिन्छन् अनि दृष्टिकोणमा आएको परिवर्तनका कारण पुरानो सोचका बारेमा प्राय: लेख्दैनन् ।

राइटर्स ब्लक

साहित्य सिर्जनाको सबैभन्दा गाह्रो काम “लेख्न थाल्नु हो” । लेखकहरूलाई, अझ ठूला आकारका साहित्य सिर्जना गर्ने साहित्यकारहरूलाई एकदमै सताउने एउटा समस्या हो ‘राइटर्स ब्लक’ । त्यस्तो अवस्था हो, जब मनमा लेख्ने हुटहुटी भइरहँदा पनि लेखकहरू केही लेख्न सक्दैन् । लेख्न थाल्दा वा बीचमा, कुनै पनि बेला यो समस्या आउन सक्छ । “पाठशाला”का सर्जक तीर्थ गुरुङले हालै यो समस्या आएको ट्विट गर्नुभएको थियो । जर्ज आर. आर. मार्टिन, जसको पुस्तकहरूको आधारमा सफल सिरिज बन्यो, अन्तिम पुस्तकहरू लेख्न संघर्ष गरिरहनुभएको छ । ‘राइटर्स ब्लक’ केही कारणहरू छन् :

१. सोचेजस्तो लेख्न सकिनँ/सक्दिनँ कि भन्ने डर । (पर्फेक्सनको चाहना ।)

२. पूरै लेख्न सक्दिनँ कि भन्ने शंका ।

३. नयाँ साधकलाई ‘रिजेक्सन’को डर । स्थापित साधकमाथि प्रशंसकको अपेक्षा ।                

३. खुलेर नबोलेका कुराहरूलाई लेखनमा ढाल्न खोज्न उत्पन्न संवेदना ।

४. लेखकको आर्थिक-सामाजिक-मानसिक अवस्था ।

‘राइटर्स ब्लक’ हटाउने उपायहरू

स्टेफेन किंगसँगको एउटा संवादका क्रममा ‘पर्फेर्क्सनिस्ट’ भनेर चिनिइनुहुने जर्ज आर. आर. मार्टिन सोध्नुहुन्छ, “तपाईं छोटो समयमा यति धेरै कसरी लेख्नुहुन्छ ?” किंगको साधारण तर महत्त्वपूर्ण जवाफ आउँछ, “म सधैँ दिनको छ पाना लेख्छु ।”

किंगको एउटा नियम रहेछ, हरेक दिन कम्तीमा छ पाना (२००० शब्द )लेख्ने । त्यसलाई राम्रो नराम्रोको कसीमा नराख्ने । कुनै उपन्यासको पहिलो ‘ड्राफ्ट’ तयार भएपछि डेढ महिना त्यसलाई थन्काउने । कतै घुम्न जाने या अरू नै केही लेख्ने । अनि डेढ महिनाअघिको सिर्जनालाई परिमार्जन गर्ने । किंगको नियमले ‘राइटर्स ब्लक’ हटाउने उपायहरू दिन्छन् :

१. नियमित लेख्ने ।

२. जस्तो भए पनि सोचलाई कागजमा उतार्ने ।

३. लेखिसकेको चीजलाई पछि सम्पादन/परिमार्जन गर्ने ।

“केही लेखेकै छैन भने केही परिमार्जन गर्न सकिन्न” भनिन्छ । यो काम त्यति सजिलो भने छैन । जापानी ‘एनिमेटेड’ चलचित्र “विस्पर अफ द हार्ट”मा साहित्यकार बन्ने सपना देख्ने शिजुकुलाई हजुरबुबा निशीले एउटा ढुंगा दिन्छ । त्यो ढुंगा भित्र एमराल्ड (हरियो रङ्गको महँगो मणि) च्यापिएको छ । शिजुकुको पहिलो ‘ड्राफ्ट’ पढिसकेपछि निशीले भन्छ, “तिमीले मिहिनेतसँग यो कथा लेखेर यस्तै पत्थर उत्खनन् गर्यौ । यसलाई ‘पोलिस’ गरेर बहुमुल्य मणि निकाल्न तिमीले अझै धेरै मिहिनेत गर्नुपर्छ ।”

नयाँ कि नक्कल ?

व्यावसायिक रूपमा कुनै पनि साहित्यिक कृति प्रकाशन गर्न सजिलो छैन । सम्पादकहरूले हिज्जे शुद्धिकरणदेखि कथानकको बनावटसम्मका विषयमा टिप्पणी गर्छन् । अनेकौं पटक पुनर्लेखन गर्छन् लेखकहरू । बुद्धिसागरको “कर्नाली ब्लुज”का ड्राफ्टहरूको अग्लो चांग धेरै अघि उहाँको फेसबुक पेजमा देखेको थिएँ । ग्याब्रियल गार्सिया मार्खेजको “वन हन्ड्रेड इयर्स अफ सोलिट्युड”को पहिलो ‘ड्राफ्ट’ एकदमै फरक थियो रे । यसरी परिस्कृत भएर आएका उत्कृष्ट किताबहरू पढ्दा नयाँ साहित्यकारहरूलाई उत्प्रेरणा मिल्छ । तर कतिपयलाई भने लेख्न झनै गाह्रो पनि बनाइदिन्छ । किनभने:

१. सोच नयाँ रहेनछ ।

२. स्वाद जति छिटो विकसित हुन्छ, कला त्यति छिटो हुँदैन ।

भनिन्छ, संसारमा ‘ओरिजिनल’ केही पनि छैन । तथापि नयाँ सोचहरू आउँदै नआउने चाहीँ होइन । नयाँ गर्न सकिएन भने उपाय छ—नक्कल गर्नु । यसमा साधकले सावधान हुन भने निकै जरुरी छ । कला/साहित्यमा नक्कलको एउटा मूलमन्त्र हो : “एकजनाको नक्कल गर्नु चोरी हो, सयजनाको नक्कल गर्नु चाहिँ कला ।” अर्को : “नक्कल यति राम्ररी गर्नु कि नक्कल गरेको थाहै नहोस् ।”

साहित्यकारको बाटो

“विस्पर अफ द हार्ट”मै शिजुकुले लेखक बन्छु भन्दा उसको पिताले भन्छन्, “तिमीले कमैले लिने फरक बाटो रोज्यौ । यसको जिम्मेवारी तिमी आफैँले लिनुपर्छ ।” प्राय: साहित्यकारहरूको जीवन सरल हुँदैन, आफ्नै मनमा हुने अन्तरद्वन्द्व, पारिवारिक बेमेल, फरक सोच भएका कारण समाजले गर्ने अपेक्षा र द्वन्द्व, आर्थिक समस्या आदिले गर्दा । धेरैजसो साहित्यकारका एकदमै थोरै मित्र हुन्छन् । कतिपय उत्कृष्ट लेखकहरू डिप्रेसनको शिकार भएका उदाहरण छन् । नेपाली हास्यव्यंग्य साहित्यका सम्राट भैरव अर्यालका आत्महत्या वरिपरिका घटनाक्रमले मर्माहत बनाउँछ । त्यस्तै, जापानी छोटा कथाका पिता आकुतागावाका मानसिक छटपटीका कथाहरू एकदमै पीडादायी छन् ।

अन्तरद्वन्द्व, आत्मसंदेह अनि विभिन्न संघर्ष पछि साहित्य साधकले आफ्नो सोच पाठकसामू पस्किन्छन् । कमै मात्रै साहित्यकारले आर्थिक रूपमा सफलता पाउँछन् । कतिपय सोच र सोचको प्रस्तुति पाठक/स्रोतालाई चित्त बुझ्दैन । कहिलेकाहिँ त पाठकले साहित्यकारको सोचसम्म पुग्नै सक्दैनन् । कतिपय पाठकले आफ्नो रुचि र विचार अनुसारको साहित्यकारले रचोस् भन्ने पनि चाहन्छन् । कुनैकुनै पुस्तक त पाठकले नै च्यात्छन्, जलाउँछन् । यस्तो देख्दा, सुन्दा चाहिँ मन चसक्क दुख्छ । त्यसो त लेखिएका सबै कुरा राम्रा हुन्छन् भन्ने छैन । ‘प्रोपगान्डा’ र द्वेष फैलाउने उद्देश्य राखेर पनि पुस्तकहरू लेखिन्छन् । यस्ता पुस्तकहरूको भण्डाफोर गर्न पनि ती पुस्तक पढ्नु पर्ने हुन्छ ।

सफलता, असफलतालाई खासै महत्त्व नदिएर, अनेकौं दु:ख पार गरेर आफ्नो सोचको सूर्यबाट विश्वलाई प्रकाशित गर्न सक्ने सम्पूर्ण साहित्य सर्जकमा नमन ।

(नोटः यस लेखको मूल रूप पहिलो पटक साहित्यपोस्टमा २०२० जुन १७ मा प्रकाशित भएको थियो । लेखको अङ्ग्रेजी संस्करण यहाँ पढ्न सकिन्छ ।)

Overhyping the SEE can be stressful to teenager students

SEE is still overhyped in 2025; It’s time we move beyond the hype

By

On June 30, 2025

In Opinion, Blogging, Education, essay

The results of the 10th Grade, Secondary Education Examination (SEE) create a huge buzz in Nepal. No other exam results get such hype. The overemphasis and craze for SEE results is the legacy of its predecessor, the School Leaving Certificate (SLC), which was called the Iron Gate because of the lucrative education and job opportunities it opened. Since the SLC is now taken at Grade 12 and has become the key credential for jobs and higher education, the SEE has lost its former importance. Unfortunately, SEE still takes centre stage in Nepal’s education, pressuring students, teachers, schools, and parents.

The Pressure of SEE

In 2022, I taught six 10th graders and twelve 9th graders at a private school. The 10th graders were worried about their SEE. The school management and parents were tense too. Lockdowns had affected their classes, and we had about three months to complete more than 75% of the syllabus of compulsory maths, science, and additional maths. They were taking classes from six in the morning to eight in the evening. The regular classes were, however, between ten and four. They were under immense pressure.

And I was under pressure myself. I was with them throughout their second half, teaching them three subjects in regular time as well as during the extra classes. Later, when they were all compulsorily hostelized for the last month before the SEE, the only thing they had to do was study. If they did anything else, they would be punished with canes.

I was against beating students and even controlling them, however. I always encouraged them to ask about the problems they did not understand, discuss their perspectives on Nepalese politics, and discuss how they used technology. Such an openness created some friction between me and the school management, but eventually, the students coped with the pressure and completed their SEE with outstanding GPAs.

How I gave the SLC

You can say my teaching experience was a special situation created by unprecedented lockdowns, but the 10th graders, especially from private schools, have been going through the same routine for decades. It’s how I studied, and it’s how the new generation still does. Nothing has changed, and perhaps, we have normalised the pressure.

Fifteen years ago I gave my SLC. That entire year, I woke up at 5 AM for school, returning home for meals and attending classes until 6:30 PM, followed by additional tuition from 7 to 8 PM. I often did homework until midnight, feeling exhausted but motivated by the mantra of a “better future.” After completing my SLC, I spent the first week sleeping in the hope of recovering from the intense routine.

This experience mirrors what my students went through years later, showing how entrenched our exam culture still is.

What has changed?

The SLC dropped the percentage marking system in 2016 and adopted GPA (most people still don’t understand it). Two years later, the SLC itself shifted from Grade 10 to Grade 12, with its value intact but hype reduced. The Grade 10 exams got a new name, the SEE. But the education system has remained the same (some say it has worsened); students, teachers, and parents still face the same pressure; and there is still unnecessary hype around it.

Why is SEE overhyped?

SLC’s legacy

As I said earlier in the essay, one of the major reasons for the overemphasis on SEE is the legacy of the SLC. For a long time, Grade 10 was the end of school education. The result of SLC opened the door to university degrees and job opportunities. Until four or five batches before I took the SLC, the exams included questions from grades 9 and 10. Without rigorous preparation, it was difficult to crack the exam.

The government seems to have understood the effect of pressure on students due to the SLC. It stopped declaring the toppers officially, removed Grade 9’s course from the exams, introduced the GPA, and even changed the name. But the media still find toppers, and schools still compete to admit them.

Promotions of schools

Schools with SLC board toppers, a high number of distinctions, and first divisions used to be featured in national magazines. They used to see increased admissions. Schools competed to make their students toppers. Colleges and higher secondary schools that admitted toppers automatically attracted other guardians and students.

The same story continues in the SEE era. Media (traditional and social media alike) absurdly highlight students securing 4.0 GPAs as the toppers when it’s possible for students with lower GPAs to actually beat them, as I show in an example in this article. Higher secondary schools, most of them still marketing as “colleges,” label themselves as “topper’s choice.” SEE results are thus easier promotion tools for schools.

Mentality of the older generation

The SLC generation, including me, is still influential in making policy decisions. It also dictates the ways students should work towards their SEE. Teachers and parents are also from the older generation, where SLC used to be a tough nut to crack. They did the same things they are now imposing on the new generation, probably passing on the same trauma.

What should we do?

We should stop hyping the SEE

SEE is one of the many exams students gave in the past and will give in the future. Schools and teachers should facilitate students, not scare them. They should allow students to play, engage in sports, and participate in extra-curricular activities. Curriculum should be enjoyable and emphasise practicality and creativity. Parents should help their children stay calm, reduce pressure at home, and allow them to pursue their hobbies or interests.

We should listen to the students

Students of the present generation are full of creativity. Social media have also made them well-informed, even though mainstream media say otherwise. They are aware of the political and economic environment of Nepal as well as that of abroad because their siblings migrated there for education and/or work. They are also full of curiosity. Talking to them gives schools and teachers a fresh perspective on the world they are living in. It helps teachers modify their ways of teaching to meet their expectations. Students also learn critical thinking and even understand the adult world.

We should encourage better teaching and learning environment

Better teaching environment in Nepal often translates into classes with strict discipline, one-way communication from the teacher, and non-questioning students. Discipline is non-negotiable, but it is wrong to stop questions in the name of disciplining students. Like I said before, there should be a meaningful interaction between teachers and students. Schools should encourage discussions between the teachers and students. They should facilitate practical education and reward creativity.

Conclusion

Overemphasis on the SEE results may have some promotional advantage for schools, but other than that, it creates pressure on everyone. Despite the government’s intention to decrease the pressure on students of Grade 10, our mindset and education system are sticking with the old ways. Parents, teachers, school administration, and the media should work in tandem to reduce stress on the students. When we stop overhyping SEE, we get schools that prioritise creative learning, teachers who encourage critical thinking, and parents who allow pursuits other than study. Students, thus, get a learning environment where they are loved, respected, and less stressed.

An image showing inequalities in different steps despite equality before the law

Does True Equality Exist in Nepal?

By

On June 4, 2025

In Constitution Study, essay, Nepal, Nepali

Constitution Study #7: A Deep Dive into Article 18 and the Struggle for Real Equality

Aspirations of equality—the state of having equal status and opportunities—inspired a decade-long armed revolution from 1996 to 2006. The civil war promised to end inequalities brought about by systematic and social discrimination, nominal decentralisation, and the lack of fair political and economic opportunities. Yet biases and persecution based on gender, caste, religion, and economic class persist.

Are we really equal? What does the Constitution of Nepal say? What is happening in practice? If the constitution guarantees equality before the law, why do inequalities remain?

1. Article 18: The Promise of Equality

Article 18 of the Constitution of Nepal guarantees the Right to Equality:

(1) All citizens shall be equal before law. No one shall be denied the equal protection of law.

This provision aligns with the Right to Live with Dignity (Article 16), which we discussed previously.

Article 18 further asserts:

(2) No discrimination shall be made in the application of general laws on grounds of origin, religion, race, caste, tribe, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language or
region, ideological conviction or on similar other grounds.

(3) The State shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language, region, ideological conviction or on similar other grounds.

The prevention of discrimination is further reinforced through Article 24. It bans discrimination and untouchability in any private and public places, including workplace, production and distribution of goods, services, and facilities, and even criminalises such actions.

This does not, however, prevent the State from making special legal provisions for the protection and empowerment of groups facing historical or structural disadvantages—such as women, Dalits, indigenous nationalities, Madhesi, Tharu, Muslims, persons with disabilities, backward regions, gender minorities, and even indigent Khas Arya.

Such special provisions, enshrined in the Article 18 (3) reappear in the rights of women (Art. 38), children (Art. 39), Dalits (Art. 40), senior citizens (Art. 41), the Right to Social Justice (Art. 42), and the Right to Social Security (Art. 43), proportional representation in the parliament, and allocation of spots for a woman and a Dalit woman in the Wards of Local Bodies.

Article 18 also eliminates gender discrimination stating:

(4) No discrimination shall be made on the ground of gender with regard to remuneration and social security for the same work.

(5) All offspring shall have the equal right to the ancestral property without discrimination on the ground of gender.

These provisions on paper form a robust framework for equality. But the deeper question remains: Are they honoured in practice, or are they simply constitutional aspirations still out of reach for many Nepalis?

2. Is Equality Only on Paper?

Despite the lofty promises of Article 18, Nepal continues to grapple with structural inequalities that prevent its citizens from enjoying real equality before the law. These constitutional guarantees are often undercut by the lived reality of systemic bias, social discrimination, and uneven access to justice.

The Constitution also upholds the Right to Justice under Article 20, which guarantees:

“Every person shall have the right to a fair trial by an independent, impartial and competent court…”

Yet, elites accused of corruption or abuse of power often receive lenient treatment—or see cases against them delayed indefinitely or dismissed. Meanwhile, ordinary citizens endure prolonged trials and harsher punishments even for minor violation or dissent.

This selective application of justice creates a double standard: one law, two treatments.

2.2 Discrimination and Unequal Access

Even though Article 24 criminalizes caste-based discrimination and Article 18 bars prejudice based on identity or economic status, violations are still widespread.

Recent Findings

According to the Economic Survey 2081-82:

  • Dalits and disadvantaged communities continue to lag in education, employment, and political representation.
  • While human development indicators have improved overall (reaching 0.622), inequality persists across provinces. For instance:
    • Gandaki leads in economic growth (5.51%), while Sudurpashchim remains lowest (3.32%).
    • Local budgets and access to services are unevenly distributed, with underfunding common in backward and remote areas.

These disparities mean that geographic location and birth identity still largely determine one’s opportunities—a clear breach of Article 18(3).

2.3 Gender and Economic Inequality

Article 18(4) and (5) aim to eradicate gender-based inequality in pay and inheritance. Yet:

  • Women and gender minorities remain underrepresented in decision-making roles.
  • A wage gap persists in many sectors.
  • Marginalized groups have limited access to land ownership, formal banking, and education—despite state-backed affirmative policies.

2.4 Public Perception and Trust Deficit

The 16th Plan of Nepal underscores “inclusive development,” but does not shy away from admitting that trust in public institutions has eroded due to inequality, corruption, and lack of responsiveness.

When citizens do not feel protected by the law or adequately represented in governance, the very legitimacy of the constitutional state is called into question.

3. Why Inequality Persists Despite the Constitution

Nepal’s Constitution boldly enshrines the ideals of equality (Article 18) and justice (Article 20), but these promises often fail to materialize in the lived experiences of many citizens. Why? The persistence of inequality in Nepal can be traced to a combination of historical exclusion, weak institutions, and socio-political inertia.

3.1 Historical and Cultural Legacy

Nepal’s social fabric has long been shaped by entrenched hierarchies—most notably caste, ethnicity, and patriarchy. Though untouchability is criminalized under Article 24, many Dalits and Janajatis still face discrimination in daily life, from public spaces to religious institutions. The state itself historically favoured the Khas-Arya male elite, creating structural inequality in education, employment, and political access.

3.2 Weak Implementation of Progressive Laws

Nepal has one of the most progressive constitutions in South Asia, yet implementation lags behind:

  • Police and local authorities often fail to register complaints of discrimination or violence, especially when victims belong to marginalized groups.
  • Judiciary remains under-resourced and male-dominated, with only 3% women in judicial positions (Economic Survey 2081-82).
  • Many local governments still lack capacity or willingness to enforce inclusion measures.

3.3 Skewed Economic Structure

Economic power remains concentrated among dominant groups:

  • Dalits, Muslims, and gender minorities are overrepresented in informal, low-paying, and insecure work.
  • Access to land, credit, and formal employment remains heavily skewed.
  • While poverty rates have declined nationally, multidimensional poverty remains high in Karnali (39.5%) and Madhesh (16th Plan), reflecting deeply rooted economic exclusion.

3.4 Structural Barriers in Education and Representation

  • Disparities in school infrastructure, teacher quality, and language of instruction disproportionately affect Dalit, Madhesi, and rural students.
  • Despite constitutional quotas, marginalized communities remain underrepresented in key decision-making roles, particularly in the bureaucracy and judiciary.
  • Symbolic representation has often replaced meaningful power-sharing, resulting in tokenism rather than transformation.

3.5 Political Tokenism and Elite Capture

  • Political parties routinely use identity-based candidates to attract votes, but rarely empower them to challenge entrenched systems.
  • Inclusion measures are often co-opted by elites of marginalized groups, who benefit personally but fail to advance their communities’ interests.
  • Affirmative action lacks proper monitoring, data, and enforcement, allowing loopholes and misuse.

3.6 Planning Without Accountability

Even national development plans recognize the gap between vision and reality:

“There is a lack of disaggregated and reliable data for effective targeting,”
— 16th Plan, Government of Nepal

This means policies are often misdirected or fail to reach those who need them most. Coordination between federal, provincial, and local governments also remains weak, limiting impact on ground.

4. The Unfinished Revolution

Today, on the Day of the Elimination of Caste Discrimination and Untouchability, Nepal must reflect honestly. The war may be over, but the revolution is unfinished. If the state cannot deliver on its promise of equality and justice, the credibility of the entire constitutional framework risks being hollowed out.

Equality before the law should not depend on wealth, power, or identity. It must be lived reality—not just constitutional poetry.

5. A Call for Constitutional Realization

The gap between constitutional ideals and social reality is stark. When equality before law becomes a privilege rather than a right, and justice is contingent upon status, the foundation of democracy is eroded. Upholding Articles 18 and 20 requires not only legal reforms but structural change, public accountability, and genuine political will.

Nepal must move beyond symbolic guarantees to substantive equality and justice—only then can it truly call itself a republic of the people.

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