Rana-time Muluki Ain to be replaced
reforms in justice system
Added At: 2011-01-07 12:07 AM
Last Updated At: 2011-01-07 12:07 AM
HIMALAYAN NEWS SERVICE
KATHMANDU: With the aim of introducing two significant bills for promulgating Criminal Procedure Code and Civil Code, the Ministry of Law and Justice has sought advice from the Supreme Court and other stakeholders.
“We have sought the advice of the Supreme Court and other stakeholders as we are preparing to introduce the bills in parliament as soon as possible,” Madhav Paudel, Secretary at the Ministry of Law and Justice today said.
The codes will replace the Country’s Code 1963, known as Muluki Ain promulgated around 150 years ago by the first Rana Prime Minister Junga Bahadur after his historical France Visit.
“Immediately after receiving advice from the Office of the Attorney General and Nepal Bar Association, we will proceed with introducing the bills,” Paudel added. The Ministry has received positive response from the Ministry of Home Affairs for replacing the country’s Code.
The new Codes will introduce an important judicial system. The Criminal Procedure Code draft recommends that the government replace the sentence system, while the Civil Code recommends introducing the Will system to replace the traditional division of parental property to genetic heirs.
According to a source at the Office of the Prime Minister and Cabinet, Prime Minister Madhav Kumar Nepal took the initiatives to introduce the two bills after receiving reports from different panels more than six months ago.
The Criminal Procedural Code draft recommends that the government increase the life sentence term to 35 years by replacing the 20-year life sentence and increase the sentence for heinous crimes such as murder, rape, ethnic cleansing and drug peddling.
Former Supreme Court Justice Kalyan Shrestha-led panel had recommended last year to reform the Criminal Code and to replace the outdated legal system introduced by the Rana regime.
Another panel led by Senior SC Justice Khil Raj Regmi had recommended promulgation of Civil Code to introduce the Will system, abolishing the old-age patriarchal property division system.
“Since the ministry has sought advice, the issue will be discussed at the full court judges’ meeting tomorrow,” Shreekanta Paudel, Spokesperson at the SC said.
Though the SC has decided it would be against the principle of separating powers and checks and balance to advise the government while promulgating Acts, the meeting will decide whether to advise the government on this critical issue. The apex court, some three months ago, had set a policy of not advising the government on promulgation of Acts.
“We have sought the advice of the Supreme Court and other stakeholders as we are preparing to introduce the bills in parliament as soon as possible,” Madhav Paudel, Secretary at the Ministry of Law and Justice today said.
The codes will replace the Country’s Code 1963, known as Muluki Ain promulgated around 150 years ago by the first Rana Prime Minister Junga Bahadur after his historical France Visit.
“Immediately after receiving advice from the Office of the Attorney General and Nepal Bar Association, we will proceed with introducing the bills,” Paudel added. The Ministry has received positive response from the Ministry of Home Affairs for replacing the country’s Code.
The new Codes will introduce an important judicial system. The Criminal Procedure Code draft recommends that the government replace the sentence system, while the Civil Code recommends introducing the Will system to replace the traditional division of parental property to genetic heirs.
According to a source at the Office of the Prime Minister and Cabinet, Prime Minister Madhav Kumar Nepal took the initiatives to introduce the two bills after receiving reports from different panels more than six months ago.
The Criminal Procedural Code draft recommends that the government increase the life sentence term to 35 years by replacing the 20-year life sentence and increase the sentence for heinous crimes such as murder, rape, ethnic cleansing and drug peddling.
Former Supreme Court Justice Kalyan Shrestha-led panel had recommended last year to reform the Criminal Code and to replace the outdated legal system introduced by the Rana regime.
Another panel led by Senior SC Justice Khil Raj Regmi had recommended promulgation of Civil Code to introduce the Will system, abolishing the old-age patriarchal property division system.
“Since the ministry has sought advice, the issue will be discussed at the full court judges’ meeting tomorrow,” Shreekanta Paudel, Spokesperson at the SC said.
Though the SC has decided it would be against the principle of separating powers and checks and balance to advise the government while promulgating Acts, the meeting will decide whether to advise the government on this critical issue. The apex court, some three months ago, had set a policy of not advising the government on promulgation of Acts.
http://thehimalayantimes.com/fullNews.php?headline=Rana-time+Muluki+Ain+to+be+replaced&NewsID=272229
KATHMANDU, JAN 07 -
The Supreme Court (SC) on Friday approved the government’s move to introduce civil and criminal codes, which will replace the Muluki Ain, a one-and-a-half century old legal code enforced by the first Rana Prime Minister—Junga Bahadur Rana—in 1854.
Responding to a Ministry of Law and Justice (MoLJ) plea, a full bench of the SC gave the go-ahead to the Ministry to proceed with the enactment of the two bills on criminal code and civil code, said SC Spokesperson Shree Kant Paudel. For these laws to come into effect, the Parliament will have to endorse them.
The draft criminal code has made several changes in the earlier criminal justice system to keep pace with changes following Rana rule, such as the country’s increased dealings with the international community, emergence of new types of crime and new perspectives on crime and punishment. SC officials said that these codes meet international standards, including Nepal’s obligation to different international treaties on human rights, women’s rights, right to privacy and others.
The proposed new laws have also increased the penalty for a number of crimes. The criminal code, for instance, recommends the government increase the life sentence term 20 years to 35 years. It also also recommends sentences for heinous crimes like murder, rape, ethnic cleansing and drug peddling be increased.
While the draft civil code recommends the government introduce a “will system” to replace the traditional division of parental property among genetic heirs. Under the will system, parents can decide not to bequeath property to sons and daughters.
The criminal code was prepared by a committee led by SC Justice Kalyan Shrestha and the civil code by a committee led by SC Justice Khil Raj Regmi.
Posted on: 2011-01-08 09:29
http://www.ekantipur.com/the-kathmandu-post/2011/01/07/nation/sc-nod-to-bills-on-civil-criminal-codes/216962/
SC nod to bills on civil, criminal codes
POST REPORT
The Supreme Court (SC) on Friday approved the government’s move to introduce civil and criminal codes, which will replace the Muluki Ain, a one-and-a-half century old legal code enforced by the first Rana Prime Minister—Junga Bahadur Rana—in 1854.
Responding to a Ministry of Law and Justice (MoLJ) plea, a full bench of the SC gave the go-ahead to the Ministry to proceed with the enactment of the two bills on criminal code and civil code, said SC Spokesperson Shree Kant Paudel. For these laws to come into effect, the Parliament will have to endorse them.
The draft criminal code has made several changes in the earlier criminal justice system to keep pace with changes following Rana rule, such as the country’s increased dealings with the international community, emergence of new types of crime and new perspectives on crime and punishment. SC officials said that these codes meet international standards, including Nepal’s obligation to different international treaties on human rights, women’s rights, right to privacy and others.
The proposed new laws have also increased the penalty for a number of crimes. The criminal code, for instance, recommends the government increase the life sentence term 20 years to 35 years. It also also recommends sentences for heinous crimes like murder, rape, ethnic cleansing and drug peddling be increased.
While the draft civil code recommends the government introduce a “will system” to replace the traditional division of parental property among genetic heirs. Under the will system, parents can decide not to bequeath property to sons and daughters.
The criminal code was prepared by a committee led by SC Justice Kalyan Shrestha and the civil code by a committee led by SC Justice Khil Raj Regmi.
Posted on: 2011-01-08 09:29
http://www.ekantipur.com/the-kathmandu-post/2011/01/07/nation/sc-nod-to-bills-on-civil-criminal-codes/216962/
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