The Nepal Digest - September 4, 1995 (21 Bhadra 2052 BkSm)

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The Nepal Digest Monday 4 September 95: Bhadra 21 2052 BkSm Volume 42 Issue 3

 ******************************************************************************
 * TND Board of Staff *
 * ------------------ *
 * Editor/Co-ordinator: Rajpal J. Singh a10rjs1@mp.cs.niu.edu *
 * TND Archives: Sohan Panta k945184@atlas.kingston.ac.uk *
 * SCN Correspondent: Rajesh B. Shrestha rshresth@black.clarku.edu *
 * *
 * +++++ Food For Thought +++++ *
 * *
 * "If you don't stand up for something, you will fall for anything" -Dr. MLK *
 * "Democracy perishes among the silent crowd" - Sirdar Khalifa *
 * *
 ******************************************************************************

*************************************************************** From: "Pramod K. Mishra" <pkm@acpub.duke.edu> Subject: Hang the Chief Justice

Dear Editor,

I'm sure it's outrageous to hear the ragtag, grimy crowd shouting to the sky, "Hang Bishwanath Upadhyay." But what the Nepali crowd has forgotten in its frustrated fury is that the said person is no ordirnary man--he is the Chief Justice of the Supreme Court of Nepal. Now, how can you hang the Chief Justice? You hang hardened criminals, utterly unreformable, always blood thirsty, beasts in the guise of human beings, indeed aberrations in the hands of all merciful, just God. You hang terrorists, fanatic about their cause and belief, ready to take the lives of innocent men, women, and children just to get the attention of the world community and pacify their own poisonous anger.

Or, you hang the patriots and make them martyrs--the freedom fighters of varoius national liberation movements come to mind; you hang the wi se, those who are dangerously, treacherously wise--Socrates and Jesus are well-known examples. Even here the opponents of death penalty would take out banners and march against any kind of capital punishemnent, let alone hanging, the most primitive, cheap, and spectacular form of dispensing the harshest punishment.

So this slogan about hanging Chief Justice Bishwa Nath Upadhayay is nonsense. For he is not only the Chief Justice, the moulder of nation's first judiciary in a democratic polical system, the purveyer of right and wrong in the national affair, mentor of all the appelate courts; he is neither a terrorist, nor an outrageous patriot, nor wise. In no way does he either deserve or qualify for hanging, a most shameful and most prestigious way of ending one's time in this world.

The Chief Justice, indeed the whole democratic apparatus, in Nepal has had but a few years of independence from forced, knee-bending life. But old habits die hard, the saying goes. Accustomed to the tradition of paying one's debt (Noon khayeko tirne chalan), we are all vulnerable to weaknesses, loyalties, and obligations. We have our family to take care of, children to send to college, caste men to make happy and proud; and, most important of all, future posts to keep an eye on.

But then, who says that justice is easily available like potatoes? In times of crisis, even potatoes become scarce as it happened in Ireland long time ago. Then again, justice all over the world is blind--blind to itself. It was justified once to hang a slave; it was justice to gas the Jews and the Gypsies; it was a form of justice to poison Socrates and crucify Jesus.

So the worst Mr. Upadhayay deserves is dismissal, certainly not hanging.

*********************************************************************** Date: Tue, 22 Aug 1995 18:37:13 -0400 To: nepal@cs.niu.edu Subject: Anti-child labor policies: A Review From: ratna@uhunix2.uhcc.Hawaii.Edu (Ratna Shrestha)

        Recently, the issue of child labor in Nepal has been a matter of great concern for many TND/SCN readers. Although child labor is not a new practice in Nepal, its use in carpet factories has drawn central attention as it is the principal earner of foreign currency. There is no doubt that children should be going to school, not working in the factories. Unfortunately, many LDCs including Nepal need to go a long way before school can become a reality for every child. Nevertheless, govt can do a lot to mitigate the exploitation of children through appropriate policy tools. Govt should evaluate every possible outcome of a policy tool before its implementation. Over the past months many TND readers have proposed excellent ideas as possible solution to the problem. In what follows I have made some critical review of those ideas.
        A complete crackdown (CC) on it can spur even more serious problems. The unemployed children can end up in brothels or streets or the Indian dhawas. Child labor is not a separate issue that we can treat independent of our socio-economic reality like robbery, gangs, drugs, etc., which call for a complete crackdown.
        The threat of Germans and other European buyers to boycott carpets produced by child labor has persuaded the Nepalese govt to devise a system of distributing child labor free certificates (CLFC). Only the carpets with this certificate qualify for export. This system has satisfied the foreign buyers to some extent, but the system is not free from problems. It can brew a covert link between the bureaucrats and the factory owners; bureaucrats can exchange the certificate for commission or bribes. Moreover, the monitoring of the diffused factories, to determine if they employ children can be a very costly affair.
        An alternative to the above system is a minimum wage legislation
(MWL). Unlike CLFC system, MWL induces children or their families to speak against any underpayment as theyll have the legal right to do so; no monitoring is necessary. Our legal system will be responsible to ensure commensurable pay for every worker. Such a legislation will help strengthen our judiciary system. One netter questioned the relevancy of MWL in earlier postings as the works are done through contracts, not daily wages. But it is important to note that even in contract system, the contractor has to employ workers and pay wages. In this case MWL applies to the contractors who directly employ the workers. If the contractors are their family members, then MWL is of little help. The other disadvantage of MWL is that it makes Nepalese carpets relatively expensive and less competitive in the international market.
        Moreover there is one fundamental difference between the above two systems. The former (CLFC) is equivalent to the CC in the long run whereas the latter (MWL) simply prevents the exploitation of children (or any other workers) beyond the acceptable limit.
        The School lunch program will complement the above systems but in itself may not be a complete solution. It can hardly attract the Nepalese children, particularly those working in the carpet factories. They can earn more working in the factories than going to the school (I mean lunch). However, MWL and SLP can have synergistic effect to each other if implemented together. With increased income as the result of MWL, children will work fewer hours and can find some extra time to go to school. Then if SLP is in effect, children will find school more attractive. However, SLP can be very costly and may face many other implementation problems.

Ratna K. Shrestha Hawaii

****************************************************************** Date: Tue, 22 Aug 1995 18:38:26 -0400 To: nepal@cs.niu.edu Subject: Nepalese child labor

Cross-posted from SCN:
---------------------

In article <G44329A.95Aug16153802@nucc.cc.nagoya-u.ac.jp> g44329a@nucc.cc.nagoya-u.ac.jp (GP) writes:
>
> Helping parents volunterily should not be called a child labor
> as long as you are not forced to do it and you don't do it for
> wage. But, the way child used in Kathmandu's restaurants and
> carpet industry along with the slaves "they call KANCHA" in
> Kathmandu, is quite away from your experience. Like you, I also
> did and helped my parents and grand-parents in my child-hood.
> I didn't do these work by force, nor for wage, simply, it
> cann't be called a child labor.

Your definition of "Child-labor" consoled me a lot. My only problem was with the stereotyped vision of the issues. I was worrying whether the westerners view the working of children for their parents too as a child-labor issue. Because the definition of terms are quite different in East and West. The term Child-abuse is almost non-existent in Nepal while simply playing with a young child can charge you with the child abuse here. On the other hand playing with a grown up lady in a public place is not a abuse here which could still be a social abuse in many villages of Nepal.
 
>
> Many of us must have seen the "kanchas" in ram-bhandar to
> Gupta restaurants. In winter, We also have seen their hand
> ....................you know it ...I don't want to explain
> their hands....because every nepalis going to those rest...
> have seen their condition.................................
> They work from early morning 4 to late night. How they sleep
> and what they eat, have any of us ever seen or asked? How
> much they get? After all, how these kids arrive to Kathmandu?

<deleted>

I consider these "KANCHAS" much fortunate than many other Nepalis who are starving within and outside Kathmandu. These "Kanchas" also generally come to kathmandu voluntarily. They are generally treated as a member of family. Most of them are contracted on the basis of some arrangements like sending to school and some monthly salaries too. What else do you expect? Further they are free to escape back to village anytime. No body will go and report police even if they escape away with some valuables. So I find them most lucky and safe in the homes of Kathmandu. Even your definition does not fit well to call them the victims of child-labor.

Your argument that the restuarant people should hire adults rather than children is also debatable. A business man will always try to maximize his profit. He can control these nascent robots more easily than complex adults. He is doing just right thing by employing these starving souls. He may scold them, but I have found almost all of these hotel boys quite healthy, well built and happy. Only thing they lack is the proper education which I am painfully aware of. But I am still reluctant to call these people as victims of child-labor. Education problem and child-labor though related are quite different issues.

I can relate many such stories where despite of the strong will of the employer to educate these children, they just do not go to school and learn. After coming to kathmandu, they simply become more demanding and independent. You can not force them to do anything. That's why I said they are more than an adult in that sense. I have come across many such children who used to smoke. I felt very bad and tried to convince them that it was bad for him but he never listened to me. Instead he accused me of being a miser not being able to afford even a bidi for him. These children come Kathmandu with a great ambitions and dreams. But in due course they develop frustrations and inferiority complex. Whom to blame? Doshi Ko? Why should we blame Kathmandu-bashis for the misfortune of these people? If we are sincere we have to blame the whole Nepalis, the political leaders and Kings for the present deplorable situation of Nepalese children.

Whatever the issue that comes, people try to relate that with Kathmandu and point towards Kathmandu-basis as the responsible people. I hate this stereotyped vision. Why are we so poor and insincere in presenting the facts and figures? No one cares the facts of other side. Everyone beats his own drum. Who taught us this! Perhaps Raghu Pant and Harihar Birahi :). Their weekly bulletins clearly show how narrow minded the Nepalese Journalist are. I do not wonder therefore to see the biased visions of many Nepalis on this Net, after all they are all guided by such disgraceful journalists.

-Anil

*********************************************************************** Date: Tue, 22 Aug 1995 18:43:23 -0400 To: nepal@cs.niu.edu Subject: Bad Media Cover on Nepal...

Cross-posted from SCN:
---------------------

->Don't be too quick to shoot the messenger. Undoubtably the writer still
*******************************************

Fair enough. I did give credit to Reeves for giving more media cover than the entire coverage of Nepal over the last 10 years.

I also noted that he had some facts in addition to fiction and biases and balance was out of the picture. I have not challenged the his description that parts of kathmandu is getting dirty and filthy.
===============

->has a lot to learn about the wonderful culture and people of Nepal. But a
->lot of the points he is making are unfortunately too true. I returned to
->Nepal this January after an absence of 7 years (previously I lived their
->for 10 years). The filth, the traffic, the dirt, the pollution hit you
->like a brick on your way into the city. It was a shock for one who
->expected it, and I am sure it is even more of a shock to someone who has
->never been there.
->
->Beyond the garbage, there are even more troubling sights to see. I had a
->chance to drive across most of the Terai, and back through Pokhara to
->KTM. The deforestation of the mid-hills seems about complete. It is
        *******************************************************

This is an example of hepatitic sight seeing everything yellow. Yes there has been a popular construction of massive deforestation in the midhills, that has lagged behind serious scholarly challenge of this "fact" in the recent decade.Scholarly studies, while not definitive, weigh heavily towards describing the midhills with little or no net deforestation over the last 4 decades, this is based not only scattered village studies but on aerial photographs and satellite imagery. I have been visiting Nepal every year as part of the study of environmental change and i noted forests actually coming back in the routes you described. I will be looking into weekly record of greenery reflected onto satellite sensors for the last ten years to have a closer look .

If this is what you think is your "message" i beg to differ.

amulya
=================== e

->small wonder that there are massive mudslides every monsoon, and many of
->the "aid projects" that will built ten to twenty years ago are now in
->disrepair due to lack of maintenance.
->
->Having said that, I still think that Nepal is about as close to paradise
->(minly because of the people) that one can find on earth. Paradise, like
**************************** I think this "message" was completely missed by Reeves, most people smile in Nepal despite their difficulties, unlike Rwanda who are too desolate to smile.

Thanks Doug for your interest.

Amulya

********************************************************************* To: nepal@cs.niu.edu Subject: Countdown to extinction.... Date: Wed, 23 Aug 95 10:13:54 EDT From: rshresth@BBN.COM

Cross-posted from SCN:
--------------------- Nepal has everything that the contemporary world looks for to call something a Nation yet there are no signs of NEPAL in some maps. Mt. Everest, for most is in Tibet while Buddha, as the western media puts it, was an Indian prince. Nepal isn't in the list of nations the westerners failed to colonize, well that's what one of my professors said: Nepal may not have been colonized but was DOMINATED by the British, it's the same, he said; a blow to the pride of us all as Nepalese. Only a handful of the world so big know the role the Nepalese Gurkhas played in the World Wars. There too is a certain degree of pride in the uniqueness of our flag : a defiance to western influence and domination, yet it passes unnoticed in the world. Same goes for all the indigenous folk......, you name it, numerous of them yet they remain ensconced only in our hearts and communities. Hell, our khukuries prop up in western movies and the public wonders how glorius these knives look when held high above in the air and remark about the ingeniousness of Hollywood. People speak of the women's liberation and their feats while the story of a Nepali woman climbing the Everest numerous times goes untold. Credit isn't given to Nepali architecture, the Pagoda style, that's rampant in the minds of people as belonging to China and other countries. I could go on with the list.....................

Is the obscureness of Nepal as a nation and people in the world community because the world community is ill-informed or even uninformed? Or is it because of the overshadowing by India and Hinduism? Does not Hinduism UNDERMINE the numerous practices in Nepal such as the "Dewali": NOT the festival of lights that marks hinduism, and the sacrificial acts of Dashain go beyond the advent of hinduism, and thus the cultures of Nepal? The problem with the real world is that those that don't conform to the ways of the more powerful are squelched without mercy. With Nepal, conforming to the western ways would lead to us as Nepalese becoming history as much as dinosaurs are.

************************************************************* Date: Sun, 27 Aug 1995 15:18:48 EST From: tilak@UFCC.UFL.EDU To: Nepal@cs.niu.edu Subject: Religion

     The Koan - 'The Battle of the Left and the Right Hand'.
     Tilak B. Shrestha, University of Florida, Summer 1995.

     (Part III of IV part series. The part I (August 7, 1995) and part II (August 18, 1995) were published in the Nepal Digest. Comments are welcome.)

     Buddhism and Vedanta :
     The distinction between Buddhism and Vedanta is the approach they take, not the truth they seek. Buddhism takes the bottom up approach and relies on the available human faculties, whereas Vedanta takes the top down approach and relies on revelations in Veda. Vedantist would predicate their argument upon the primary reality. Whereas Buddhist would point out that by definition it cannot be conceptualized and therefore there is no basis of any argument. In the language of statistics, Vedantist would argue that there is a eternal population mean and a sample mean is only a transient imperfect measure. Whereas Buddhist would argue that only fact we have is the sample mean and any inference should be based upon it.

     Vedas reveal Brahma as permanent, eternal, impersonal, and attributeless. However, Brahma creates the transitory and conditional attributes out of itself, for itself, by itself. Brahma is one which manifest itself as eye and makes eye see, manifest as mind and makes mind think, manifests as ego and creates personality. Thus, an individual human cannot observe or understand 'Brahma', because human ego itself is the transitory creation or manifestation of Brahma. However, human mind may comprehend Brahma in its two aspects, as a. observable physical entity (energy) and b. consciousness. The way to know Brahma is by transcending our ego or individuality. This may be accomplished by shedding ego using the techniques of meditation. Shankaracharya interprets the ancient texts that this truth can be directly experienced (Aparokshanubhuti - self realization) by the way of 'Bairagya - dispassion or renunciation'.

     Brahma is the primary reality and is the cause of other secondary transient realities - 'samsar - world', egos, minds, bodies, thoughts, logic, perceptions, natural laws etc. Nirvana or liberation is the transcending from secondary reality to primary reality. Atma or soul is a primary reality, not secondary. There is no difference between Atma and Brahma or Paramatma. A question was put to Shankaracharya - "Is Atma like a drop of water in the ocean of Brahma ?" He replied - "No, it is like water in the drop." Now compare that with the Buddhist concept of Dharmakaya. Dr. D.T. Suzuki writes - "Dharmakaya is the ultimate reality that underlies all particular phenomena; it is that which makes the existence of individual possible; it is the raison d'etre of the universe; it is the norm of being, which regulates the course of events and thoughts. We do not have any transcendental entity called ego-substance. We all are one in the
'System of Being' and only as such are immortal. The one shows us the folly of clinging to individual existence and of coveting the immortality of the ego-soul; the other convinces us of the truth that we are saved by living into the unity of Dharmakaya. When the clouds of ignorance and egoism are totally dispersed, the light of universal love and intelligence will shine in all its glory." Is this Buddhist concept of 'Dharmakaya' different from that of 'Brahma' ? Both of them are identical, so much so that Dr. Suzuki writes - "Here, a very interesting question suggests itself : Which is the original and which is the copy, Mahayanism or Vedantism ? Most of the European Sanskrit scholars would declare that Buddhism must be the borrower. But I am strongly inclined to the opposite view, for there is reliable evidence in favor of it. (Because) writing of Aswaghosh (Mahayanist) dates much earlier than Shankara or Badarayana (Vedantist)." Though Shankara and Badarayana point to Upanishads for their source. However, chronology is not the issue. Point is both views are the same.

     The egoistic secondary reality, though based on the primary reality, cannot grasp the primary reality. In other words, since human ego and the human tools of empirical knowledge, i.e. mind and body are only secondary reality, therefore we cannot perceive the primary reality. Thus primary reality is variously described in the language of secondary reality as - 'which cannot be understood', 'which cannot be explained', 'where subject and object is one', 'where there is no me and you', 'where cause and effect is one', 'where there is no spatial & temporal difference', 'kingdom within', 'where actors, audience and the play is one' and so on. Obviously unexplainable thing cannot be explained and only thing can be done is to approach or point out. Transcending from secondary reality to primary reality also cannot be explained, and it is variously put as - 'realizing',
'falling into place', 'giving up what we do not have', 'getting more real', 'nirvana', 'enlightenment', 'awakening', 'mokshya',
'release', 'freedom', 'back to basic' and so on. It may be pointed out that transcending or Nirvana is not a journey from one destination to the another. That is only a metaphor. It is simply realization of the true self.

     Most of the Buddhist statements would become clearer if we keep in mind that Buddhism uses methods of inquiry within our reach, that is tools within secondary reality only. Let me repeat one more time that each of the following statements are made and valid within secondary reality only. "I am enlightened. Enlightenment cannot be explained. I can show you the way, but can not make you enlightened." Every existing phenomena is transient and has cause. They would cease to exist if the cause is removed. The Law of karma operates even upon Gods. Any given concept of soul or Dharmakaya is not correct. Anahata or there is no soul. If you take any individual then his or her each and every characteristic, physical or mental, is transient and has cause. If each and every characteristic is taken off one by one, by recognizing and removing the cause, then there absolutely nothing will be left. The reality of each and every egoistic attribute being extinguished cannot be explained nor even be conceptualized. For the lack of better word, we may call it enlightenment or Nirvana. Nirvana is bliss.

     Many paths to the same summit :
     An example of the different approaches taken by the different sects towards the same truth may be illustrated. Suppose an individual notices a desirable object, say a good looking bicycle. Then this external stimuli would have a certain effect on the individual according to his or her background. In general these external stimuli creates desires. It is the intrinsic nature of the human mind. This would motivate the individual to pursue a course of action to fulfill the desire. This very nature of mind always leads to suffering regardless of the fulfillment of the desire or not. Even if a particular object is obtained, in due time the pleasure ends and many more new desires would arise. Every egoistic actions again generates karmic reactions and the ego 'Jiva' has to face the consequences of each of his or her actions, good or bad. Thus the person is always trapped into this never ending cycle. Gita (5.22) states
"Sense pleasure are due to the contact with the material senses, which have a beginning and an end, and is the cause of distress. A liberated soul is not interested in anything which is temporary." Buddha puts the same subject in more rigorous terms as four noble truths. "Life consists of many suffering. The cause of the suffering is the selfish craving or desire. The suffering can be cured by overcoming the craving. The craving can be overcomed by following the ethical way - the eightfold path."

     The human self-centered actions has the effect of making the individual forget his or her true nature and identify the self with the desires, the actions, and related mental attitude of happiness and suffering. In the due course of time the mind is full of the records of the recurrent stimuli, responses, actions taken, and short term pleasures and wants. This gives the external personality and ego. And the ego finds itself bound to the karmic law. To identify the true divine nature of the self this created personality or ego need to be cleared. In other words, the accumulated karmic reactions need to be dissolved.

     The ascetics try to burn off this ego by meditation 'Tapa'. To keep it simple, they also may try to lessen the external stimuli, for example by living alone in forest.

     The karma yogis would concentrate on the action they take. Though they may be pushed around by the external stimuli, they would try not to have egoistic response to it. They will try that their action remains selfless and is in accordance with divinely ordained duty.

     A Buddhist will rationally analyze their own actions and feelings and identify their causes or the external stimuli. Thus a Buddhist tries first to understand the causes and its effects, then tries to remove the causes to clean or extinguish the external ego.

     An individual practicing 'Bairagya or renunciation' would try to control the response, so that the external stimuli does not automatically trigger egoistic response.

     A devotee under the dwaita philosophy would try to fill his or her heart with the unconditional love for the personal God. The love for God would not only clean the person's mind, it also would lessen the effect of the external stimuli.

     We might also add that materialist like Charvak would argue that you get what you see. Thus, as epicurist, they might argue for maximization of happiness and minimization of suffering both in terms of individual or group.

     In other words, there are many paths to the same summit.

******************************************************************* To: nepal@cs.niu.edu Subject: Teaching Positions Overseas? Date: Mon, 28 Aug 95 10:44:56 EDT From: neverett@umassd.edu

I am looking for a teaching position below the college level in your country. Can anyone tell me if there are any teaching positions available? Are there certain overseas teaching organizations which I can contact?

Thanks for your help. Nathan Everett

****************************************************************** To: nepal@cs.niu.edu Subject: Women and Religious Right in Bangladesh Date: Mon, 28 Aug 95 10:46:44 EDT From: Shyam <shyamal@mit.edu>

          WOMEN AND THE RELIGIOUS RIGHT IN BANGLADESH

                        A video presentation

                        1. The War Crimes File
                        2. The Eclipse

                        Followed by a talk

                        Dr. Nazli Kibria
                        Boston University

The world was witness to the dramatic events forcing Bangladeshi writer Taslima Nasreen flee her country in 1994. Was this an isolated event? Did Nasreen and other intellectuals cause a backlash of the religious right by their work, or are they instead easy targets of a growing fundamentalist force aspiring for legitimacy and power in Bangladesh?

The video presentation examines the background of the religious right and their current ascendancy. It also examines the role of the religious right during the 1971 war of independence in Bangladesh. Dr. Nazli Kibria has recently returned from Bangladesh where she documented the Right's campaign against women workers in the garment industry.

Sunday 2 PM, September 10th 1995 Room 120, Building 6 MIT 77 Mass Ave Closest T Station: Kendall Square Bus: Number 1 to 77 Mass Ave (MIT)

For more info: madath-request@mit.edu (617) 864 8601

************************************************************************ To: nepal@cs.niu.edu Subject: News 8/25/95 Date: Mon, 28 Aug 95 10:48:33 EDT From: karki_s@a1.mscf.upenn.edu (Sher B. Karki)

The Xinhua General Overseas News Service The materials in the Xinhua file were compiled by The Xinhua News Agency. These materials may not be republished without the express written consent of The Xinhua News Agency.

HEADLINE: un day to be celebrated in nepal DATELINE: kathmandu, august 24; ITEM NO: 0824246

 BODY:
    nepal will organize a series of programs to celebrate the 50th anniversary of the united nations which falls on october 24, the government said today. according to the foreign ministry, the programs will be organized by various ministries and agencies of the government as well as non-governmental organizations. the programs to be organized to observe the un day include a mass rally, regional and national-level essay, painting and debate competitions, panel discussions on the united nations, quiz contests and display of the united nations' board in 10 nepalese cities, the ministry said. other programs include distribution of posters and badges, issue of commemorative postage stamp and coin, as well as exhibitions relating to the united nations. special supplements of newspapers and magazines will be published on the un day to commemorate the golden anniversary of the biggest international organization. a road and a public park in kathmandu will be named after the united nations, according to the foreign ministry. the nepalese government has set up a special committee to coordinate the activities commemorating the un's birthday, with deputy prime minister and foreign minister madhav kumar nepal as the chairman of the committee.

The Xinhua General Overseas News Service
                          

HEADLINE: india ratifies saarc trading agreement: secretariat

DATELINE: kathmandu, august 24; ITEM NO: 0824239

 BODY:
   india has ratified the preferential trading arrangement of the south asian association for regional cooperation (saarc), (sapta), on august 22, the saarc secretariat disclosed here today. the saarc secretariat was set up in kathmandu after the saarc being formed in 1985. the secretariat said that india is the fifth saarc member state to ratify the agreement, a regional one for economic cooperation that can enforce interactions on an institutional basis and promote common prosperity in the south asian region. saarc secretary-general y.k. silwal has already received the original instruments of ratification from
 nepal, sri lanka, bhutan and the maldives which ratified the sapta agreement earlier. the framework agreement contains rules and regulations for step-by-step liberalization of intra-regional trade and envisages periodic rounds of trade negotiations for exchanging concessions on tariff, para-tariff measures. the agreement provides for special and favorable treatment to the least developed countries in the region including bangladesh, bhutan, maldives and nepal.
 

The Xinhua General Overseas News Service
                           HEADLINE: nepalese consulate-lhasa tibet is inalienable part ofchina

DATELINE: lhasa, august 24; ITEM NO: 0824088

 BODY:
   nepalese new consul general to lhasa ang. dendi. sherpa has recently said that his government and people would not allow any person to engage in activities aimed at splitting china. he made the remark in a meeting with officials of the tibet autonomous region shortly after he took office in lhasa. the consul general noted that tibet is an inalienable part of china and the nepalese government has consistently adhered to its "one china" stand. nepal hopes to further strengthen its economic ties with tibet, sherpa said.

HEADLINE: encephalitis may break out in eastern nepal

DATELINE: kathmandu, august 24; ITEM NO: 0824054

 BODY:
   some parts of the eastern region in nepal are threatened with possible outbreak of encephalitis, reports said today. according to doctors of the referral health center in damak municipality, eastern nepal, the number of encephalitis patients visiting the center was growing over the past few days. the center recorded the first encephalitis case on august 7 and the number rose to 25 in two weeks, said doctors. of the patients who visited the center, four have already died, five others returned home after treatment and another five were transferred elsewhere for further treatment, they said. there are 11 encephalitis patients undergoing treatment at the center now, it was reported. doctors said that unclean drinking water and poor sanitation are main reasons for encephalitis, an infectious disease that causes inflammation of the brain.

******************************************************************* To: nepal@cs.niu.edu Subject: Lighten up a little. Date: Mon, 28 Aug 95 10:50:51 EDT From: sarbadristi@khai.ke.bhanam

A few items to lighten up your Friday, and 'masala' to think about over the weekend. 100 percent borrowed items.

Have you ever wondered ...

-- Why are there "interstate highways" in Hawaii? (an old one)

-- Why are there "floatation devices" under airplane seats instead of
   parachutes.

-- How does the guy who drives the snowplow get to work in the morning?

-- If Seven-Eleven is open 24 hours a day, 365 days a year, why are there
   locks on the doors?

-- If nothing ever sticks to TEFLON, how do they make TEFLON stick to the pan?

-- How is it that I've acquired so many 'time-saving devices', yet I have
   so little time?

*************************************************************** To: nepal@cs.niu.edu Subject: (PM news+ Gm views) ;-) Date: Mon, 28 Aug 95 11:04:42 EDT From: rshresth@BBN.COM

Cross-posted from SCN:
---------------------

                         (PM news + Gm Views) ;-);-)

WARNING: * Some people may find this posting offensive although it was
           not primarily meant to offend anyone.
         * contains low-level coarse language.
   - My apologies for any inconvenience.
--------------------------------------------------------------------

Umm, ....... I'm trying pretty hard to remember where I heard this quite nice looking combination of words- `skin headed'. I can't remember whether I heard it in my own dreams or.....or..probably it might be the time when I was a little kid , I think it was when I was in grade 4 or 5. We had a really nice "Guru" whom we used to think to be a funny man and used to tease him saying "taalukhuile sar" (our innocent translation of "skin headed" ;-)).

Recently, I have lost my Dictionary of English, who knows where ? Probably if I knew, it wouldn't have been called "lost" anyway. By the way, if you don't know about me ....believe or not, I am very bad memoried.. Ah sorry, a person with very bad memory. Moreover, the most satisfying thing to me, I claim, is that I am the laziest person in the world and I bet I should get the first position in the column of `Laziest persons in the world' in the "Ganesh Pookh (GP in short)" ( Don't confuse with `guiness book') of the world records. But the saddest thing is that I don't even feel like going to inform the gang of `Ganesh Pookh' that I am actually the laziest person in the world. My point is that my laziness even prevents me from going to the library and look up for the meaning of "skin headed" in one of the thirteen volumes of Oxford Dictionary. Most of the time my guess works pretty well, but sometimes you know......,everybody knows...,it doesn't work. But don't worry, I can still manage it without a dictionary.

Everybody, Pleeeaseee, Shaanta Hunu Holaa ! I am still on the ground, I have not launched my communication satellite yet, and I am not flying in the air at 42000 ft height.If you know anything about those things, I don't have to tell you that I don't need to fly in the air to launch my satellite. Ok, now ready everybody ! if you are interested about my satellite at all, stay as you are, if you find it really "disgusting", my polite request, please type 'close' or 'q' (depending upon which system you are using) and hit the 'enter key'.

Ok, now everybody remaining in your position must have accepted my offer. So, I know you want to know a little bit more about my satellite, don't you ? So, I am giving a short introduction about this satellite. It is called GP-420 communication ( don't confuse with 'communism') satellite and its aim is to gather enough information about all kinds of plane-crashes and helicopter-crashes all around the world (including the Taaja Khajaa of PM or Gm I can't remember). It will go high above in the sky and if my calculations are correct it will stay roughly above the 'Suryodaya Ko Desh'.Oh, don't worry, it is not any CIA agent nor is it the fighter jet which drops bomb in hareSEEMA and KakaKaki. Ah....Ah.., wait a minute, it has got another objective as well. That is, to take the exact number of patients who are `suffering from constipation ', oh shit!.. I completely forgot about "political correctness", probably I should say "persons with critical phisiological (or mental ?) disorder" instead of "suffering from constipation". But still don't worry, anything will do. You may be wondering
, "why the hell do you need to take this data ?".So I think this is the right time to let you know something about myself. Long time ago, I also used to suffer from 'constipation', and I know exactly how it is like to suffer from this very annoying symptom. So it should not be a matter of big surprise to hear that I feel very sorry for those people who still suffer from this. The most amusing thing is..... you know what? Those people are very 'nature-friendly', I mean, they don't like modern chemical medication, instead they really really believe in natural treatment, and some of them have devised some ways to make themselves feel comfortable.
( But I still doubt whether they actually feel comfortable !).But at least they have implied so by their words if not by their actions. I'll explain to you in a minute what these techniques are.

Some use "Yoga+Psychotherapy" which is a very good combination. I don't know how many years they have spent to discover this but I don't think this is a very recent invention. They have diagnostically discovered that they are phobic (or 'scared of',I don't know the right word) to the names of certain gangs. By thier own research, they also have discovered that the 'fear' of the names of those gangs is a most effective means to fight with their constipation problem !(;-). So what they do is put the picture (if not picture, just the NAME is enough) of these gangs in the toilets so that they don't have to struggle whenever they enter the toilets. And just to make sure they do additional thigs as well. They don't just put it in their toilets but also anywhere they can reach. Not to mention it has even extended to the computer network, I mean, the news-network. Whenever they turn on their computer and start scrolling through the news items they happen to find their own "Gaayatri Mantra". As soon as they read it, there comes a huge storm in their intestine, with a lot of thunders and in a few minutes ... the bowel is empty. What a great `self-help scheme' !!!

By this time, you must have been very curious about what are the names of these gangs, who possess such a great medical value. You may also like to try this technique sometimes if you also happen to have that problem. The names of such famous gangs are "E-Kaale","Jhha-le-Ma-le","Angresi Undaa"-
"Samaatera Jhundaa","Bideshi Mulaa", "Bandale Daadaa", "Ammunist Vedaa",
"Kakresi Bokaa","Bhaarati Chelaa","Sadvaabihaari kaa betaa" etc etc.

I was talking about my satellite, wasn't I ? So you may be asking me when the count-down starts. Oh no! Just kidding. Do you believe that I can make such a huge satellite and launch into the space without your help ? It's impossible !! So I desparately need your help. At least, those of you who are not suffering from the above mentioned disease can join me in this Campaign.Lets keep this news-net (at least our, nepalese, newsgroup) pollution free !!! and Politics free !!!
:-).

Shubhash Wasti Uni of Newcastle, Australia e-mail: c9243640@cc.newcastle.edu
 
******************************************************************* To: nepal@cs.niu.edu Subject: Midterm Elections "cancelled" by Supreme court as illegal Date: Mon, 28 Aug 95 13:35:34 EDT From: atuladhar@jack.clarku.edu

Details still lacking,. supreme court rules against the UML Prime Minister's decision to recommend dissolution of the Parliament and calling for elections because their (UML's) "constitutional status as majority govt that has the constitutional legality and power to recommend dissolution and midterm elections to the King was already compromised and brought into questions by a joint petition of the majority opposition for a special session before man Mohan's decision" T

Note : this is my understanding, we are waiting further clarifications from nepal and from those who are more knowledgeable.

Who will be next PM of nepal?

Now that midterm elections have been ruled illegal, and the opposition of RPP/NC can now bring and formally pass a no-confidence motion against the UML govt, who will be the new pm of the coalition?

There are rumours that RPPP is vehemently opposed to Girija, that is why a coalition failed the first time but iswilling to accept Deopa given his wife is Rana with royal linkage and because RPP is still a royalist party and also because Deopa the champion of free-markets has the support of theAnglo-American interests. Deopa's challengers are Ram Prasad Poudel, the Speaker who is acceptable to the UML and has broadh based support in the Congress with the excpetion of the Koirala familyt, the other is Sailaza Acharya,m a koirala familty woman who has an independent political image of her own and a favorite of India, but one not likely to get the support of the Ganesh man group.

Among the RPP we have plenty of contenders: Surya Bahadur Thapa, that political phoenix who refuses to die away, Chand, a milder (relatively) man accepted to a larger section, and Pashupati Shumsher who wnat to be the ultimate PM, maybe not this time, but for a more stable govt.

In the meantime we will see Nepal's experiment with democracy and law and see how much the communists will play by the rules or whether we will see the streets on fire again. Sad but interesting politics as long as the King does not close the curtains.

amulya

************************************************************** Date-Warning: Date header was inserted by mscf.med.upenn.edu From: karki_s@a1.mscf.upenn.edu (Sher B. Karki) To: Nepal@cs.niu.edu

Copyright 1995 Deutsche Presse-Agentur
                            Deutsche Presse-Agentur

                       August 28, 1995, Monday, BC Cycle
                          14:56 Central European Time

SECTION: International News

LENGTH: 667 words

HEADLINE: Nepalese court reinstates dissolved house of parliament

DATELINE: Kathmandu

 BODY:
    The Nepalese supreme court Monday ordered the reinstatement of the lower house of the Nepalese parliament dissolved on June 13 by King Birendra on the recommendation of the minority Communist Prime Minister Man Mohan Adhikari.

    The precedent-setting decision was read out by the Chief Justice Biswa Nath Prasad Singh. Adhikari had been facing a no-confidence motion for which a special session of the parliament had been summoned on June 16. Instead, he moved the dissolution and called mid-term polls for November 23.

    Large crowds had gathered outside the supreme court and after the ruling was announced thousands of opposition Nepali Congress party workers and activists marched through the streets of Kathmandu shouting slogans against the minority Communist government.

    Full details of the court decision were not immediately available.

    The hearing on the case had begun on July 17 before a special 11-member bench. Seven separate writs had been filed challenging the constituional validity of the dissolution.

    The main opposition parties, the Nepali Congress and the National Democratic Party, had sharply criticised the dissolution of the house.

    The issue resulted in the virtual polorisation of the nation between the Congress-led opposition and the Communist-led government. Man Mohan Adhikari, 73, now caretaker prime minister, had on June 9 recommended to Birendra that he dissolve the 205-member lower house and order new elections. The king, in accordance with the constitution, accepted the recommendations.

    Adhikari was Nepal's first democratically elected prime minister. Elections last November had returned a hung parliament with the United Marxist-Leninists capturing 88 seats as the largest single party followed by the Nepali Congress with 83 seats and the National Democratic Party with 20.

    After other parties failed to form a coalition, Birendra in late November invited the Communists to form the government. Within six months the Nepali Congress, led by the former prime minister Girija Prasad Koirala, precipitated a crisis by tabling a no-confidence motion.

The Xinhua News Agency, AUGUST 25, 1995

LENGTH: 132 words

HEADLINE: nepalese govt gives top priority to agro-reforms

DATELINE: kathmandu, august 25; ITEM NO: 0825069

 BODY:
   deputy prime minister madhav kumar nepal has said that the government always gives priority to reforms in the agricultural sector. nepal made this remark while extending his gratitude to the national commission for land reform at a function on thursday. nepal said land reform is a matter of national concern for which cooperation from all the people is unquestionable, he said. it was estimated that there are about 2 million tenant farmers possessing negligible land holdings in the country. nepal is an agriculture-dominated country with more than 80 percent of its 20 million population depending on agriculture. some 53,000 landless families throughout the country have received land ownership certificates since the land reform was launched by the present government last year.

 Proprietary to the United Press International 1995
                           United Press International

             August 28, 1995, Monday, BC cycle -10:49 Eastern Time

SECTION: International

LENGTH: 722 words

HEADLINE: Nepali court orders Parliament reinstated

BYLINE: BY BHOLA RANA

DATELINE: KATMANDU, Aug. 28

 BODY:
    Nepal's Supreme Court on Monday ordered the nation's Parliament reinstated Monday, calling on the government and the speaker of the House of Representatives to convene a special session of to discuss a no-confidence motion against the government. Regular sessions of Parliament were also ordered. King Birendra, on the recommendation of Nepal's first elected Communist government, in June dissolved Parliament and ordered mid-term elections Nov. 23, nearly four years ahead of schedule. The minority Communists called the mid-term election to pre-empt discussion on a no-confidence motion that likely would have carried with a coalition of three opposition parties enjoying a majority of 106 seats in the 205-member House of Representatives. Seven petitioners had asked the court to reinstate the dissolved Parliament and cancel orders for mid-term elections. ''It is against the spirit of the constitution to dissolve Parliament when a special session of Parliament had been called to discuss a no- confidence motion,'' Chief Justice Bishwa Nath Upadhaya said in reading the judgment. ''The prime minister (Giriga Prasad Koirala) was wrong in interpreting the constitution when it was argued that the nation cannot again experiment with a coalition option after a minority government was formed,'' the judgment read. In November of 1994, Birendra first tried the coalition option before asking the communists, the largest political party, to form a minority government after a coalition did not emerge after inconclusive elections. ''The court has upheld democracy and the parliamentary system of government,'' said Basu Risal, leader of the opposition in the National Assembly, the upper chamber of the bicameral legislature. ''The court is needed by all. Don't try to demoralize the judges by casting aspersions or making allegations. The nation will suffer. All should accept the verdict,'' he said. Jubilant supporters of the main opposition Nepali Congress Party immediately took to the streets waving the party flag. Government supporters conducted a protest demonstration, but there were no reports of violence. Krishna Prasad Bhattarai, president of the main opposition party, subsequently called for the resignation of the nation's first elected Communist government.
''If there is any self-respect, the prime minister should resign forthwith...This is a very, very great decision,'' Bhattarai said. ''We will now try to give a stable government to the nation.'' The court decision was announced via megaphone to enable thousands of people who could not get access to the Supreme Court to hear the judgment. Approach roads to the courthouse were sealed as a precautionary measure. Police in riot gear guarded the Supreme Court prior to the decision in an effort to thwart possible violence when the court announced its verdict. All approach roads to the Supreme Court were cordoned off Monday morning by heavily armed riot police and several schools announced a half-day holiday fearing violence after the verdict. Foreigners were warned to stay off the streets in case there was violence. Published reports Monday said the 11 judges met in a closed-door session at the residence of the chief justice Sunday to give final touches to the verdict. Upadhaya, during hearings on the case, asked lawyers to focus on four issues, including whether Birendra, a constitutional monarch, had discretionary powers to set aside the recommendation of the prime minister. The court also asked lawyers to focus their arguments on whether Parliament could be dissolved when the king had already called a special session of lawmakers to discuss a no-confidence motion against the minority Communist government. The Election Commission, in an admonishment of the government last week, said the administration was flouting its directive not to transfer officials in an effort to hold free and fair polls. Officials in remote regions of the kingdom can sometimes influence votes. The Election Commission has issued such directives in the past but this was the first case of admonishing a government. Nepal began experimenting with multiparty democracy only in 1990 and many clauses of the constitution have not been defined. Proprietary to the United Press International 1995
                           United Press International

             August 28, 1995, Monday, BC cycle -01:33 Eastern Time

SECTION: International

LENGTH: 379 words

HEADLINE: Violence feared in Nepal court ruling

BYLINE: BY BHOLA RANA

DATELINE: KATMANDU, Aug. 28

 BODY:
   Police in riot gear guarded the Supreme Court Monday to head off possible violence when the court announces its verdict on the legality of a controversial dissolution of Parliament. King Birendra, on the recommendation of Nepal's first elected Communist government, in June dissolved Parliament and ordered mid-term elections Nov. 23, nearly four years ahead of schedule. The minority Communists called the mid-term election to pre-empt discussion on a no-confidence motion that likely would have carried with a coalition of three opposition parties enjoying a majority of 106 seats in the 205-member House of Representatives. Seven petitioners asked the court to reinstate the dissolved Parliament and cancel orders for mid-term elections. The court was expected to announce its verdict Monday. All approach roads to the Supreme Court were cordoned off Monday morning by heavily armed riot police and several schools announced a half-day holiday fearing violence after the verdict. Foreigners were warned to stay off the streets in case there was violence. Published reports Monday said the 11 judges met in a closed-door session at the residence of the chief justice Sunday to give final touches to the verdict. Chief Justice Bishwa Nath Upadhaya, during hearings on the case, asked lawyers to focus on four issues, including whether King Birendra, a constitutional monarch, had discretionary powers to set aside the recommendation of the prime minister. The court also asked lawyers to focus their arguments on whether Parliament could be dissolved when the king had already called a special session of lawmakers to discuss a no-confidence motion against the minority Communist government. The Election Commission, in an admonishment of the government last week, said the administration was flouting its directive not to transfer officials in an effort to hold free and fair polls. Officials in remote regions of the kingdom can sometimes influence votes. The Election Commission has issued such directives in the past but this was the first case of admonishing a government. Nepal began experimenting with multiparty democracy only in 1990 and many clauses of the constitution have not been defined

              Proprietary to the United Press International 1995
                           United Press International

             August 28, 1995, Monday, BC cycle -01:24 Eastern Time

SECTION: International

LENGTH: 166 words

HEADLINE: Six Tibetans detained in Nepal

DATELINE: KATMANDU, Aug. 28

 BODY:
   Authorities in Nepal recently stopped and detained six Tibetans who were trying to flee to India, the government said Monday. The state-run news agency quoted police as saying that the six left China and were headed for the Rajpur Sakya monastery in the north Indian state of Uttar Pradesh. Tibet's spiritual leader, the dalai lama, and some 60,000 followers fled to India in 1959 after an unsuccessful revolt to end Chinese control of the formerly independent nation. Tibet was incorporated into China in 1950. The six Tibetans were stopped at the foot of Mount Everest, which forms part of the rugged border between Tibet and Nepal. Nepal is sandwiched between India and Tibet. Nepalese authorities normally either return Tibetans who enter Nepal illegally or send them to the Red Cross office in Katmandu for help in getting to India. The state-run new agency did not say what happened to the six Tibetans, who reportedly were led by a 20-year-old man.

 Proprietary to the United Press International 1995

                       August 25, 1995, Friday, BC cycle

SECTION: International

LENGTH: 280 words

HEADLINE: Dissatisfaction over Beijing conference

DATELINE: KATMANDU, Aug. 25

 BODY:
   An opposition women's organization Friday asked Beijing to refuse to allow the official Nepal delegation to the U. N. Conference on Women to participate, citing partisan representation. Nepal Women's Organization President Mangala Devi Singh protested the official delegation in a letter to the United Nations and the Beijing organizers. ''Instead of a country delegation at the conference, party cadres and members of the Nepal Women's Association, a sister organization of the communist government, will represent the country,'' she wrote. The letter, dated Aug. 21, was released Friday. ''The U.N. and other donors are said to be objective and disinterested in arbitrary policies,'' Singh said. ''However, it is with a heavy heart that I apprise you of the fact that our members have been ignored by donors and thus have been denied their right to attend the Beijing conference.'' The Nepal Women's Organization is affiliated with the main opposition Nepali Congress Party. The 37-member official delegation to the Beijing conference is headed by Shana Pradhan, a former minister and Politburo member of the ruling Communist Party. Besides the official delegation, another 150 representatives of non- government organizations and interested individuals are participating in the conference. Published reports said Friday that among the members of the official delegation are the wives of Deputy Prime Minister Madav Nepal, Education Minister Modnath Prashit, Tourism Minister Bhim Rawal, Finance Minister Bharat Mohan Adhikari, Communications Minister Pradip Nepal, Home Minister K.P. Sharmaoli and Transport Minister Ashok Rai.

 Proprietary to the United Press International 1995

                       August 25, 1995, Friday, BC cycle

SECTION: International

LENGTH: 162 words

HEADLINE: Nepal seeks new funds for power plant

DATELINE: KATMANDU, Aug. 25

 BODY:
    Nepal said Friday it reached an agreement with the Asian Development Bank to help finance a hydroelectric power plant that an another international banking organization refused to fund. An ADB spokeswoman in Manila said she knew of no such agreement. The government says construction of the 140 megawatt power plant along the Arun River in eastern Nepal is crucial to easing the Asian nation's chronic shortage of electricity. The International Bank of Reconstruction and Development in Washington earlier this month withdrew support for the $800 million plant. The bank said Nepal did not have the resources to undertake the project alone. The Finance Ministry said it reached an agreement with the Manila- based ADB under which Nepal must find partners to develop the Kaligandaki power project. Nepal, one of the world's poorest countries, is rationing electricity because it does not have the generating capacity to meet demand.

********************************************************** To: nepal@cs.niu.edu Subject: The Nepal Digest misses its food Date: Tue, 29 Aug 95 14:44:50 EDT From: rshresth@BBN.COM

Cross-posted from SCN:

The Nepal Digest, a popular electronic news and views magazine on affairs relating to Nepal, has missed its food: the significant, fast developing news about the Suprem Court reinstating the parliament after the King dismissed it and called for the elections.

It is the digestion of such topical, fast news and the resulting digested views through the instantenaous worldwide medium of electronic communication that makes Nepal Digest so special,

But alas, fast electronics is a function of overworked Editor's voluntary time, and all the subscribers will have to live with baasi news like baasi bhaat.

Amulya Tuladhar

*********************************************************** Date: Tue, 29 Aug 1995 15:36:46 -0400 To: nepal@cs.niu.edu Subject: Hinduism From: tuladhar@unixg.ubc.ca (Anil Tuladhar)

Mr. J. Mario Pires, Centro de Fusao Nuclear, Instituto Superior Tecnico University Technica de Losboa, and

Mr. Av Rovisco Pais, Lisboa Codex Lisboa, Portugal

Dear Sirs,

     Thanks for your comments and questions regarding 'Hinduism' that - a. why Hindus do not let non-Hindus into the Hindu temples, and b. why non-Hindus are not allowed to be Hindus.

     A. Regarding the first question, in my opinion there is no reason why non-Hindus should not be allowed into the Hindu temples. Perhaps, it is due to the ethnocentrism of Hindus. As a growing Hindu, I was never given any reason for such practice. I was simply told that being a tradition. Though not all Hindu temples practice such prohibition. Perhaps, temple is simply a building, nothing else. The devotee themselves have to bring the love and devotion in their heart to the temple. Such spirituality is possible within the environment of familiarity, upbringing and culture. That is not a Hindu specific but a human feeling in general. I would assume same feeling is shared by a Muslim in a Mosque, or a Christian in a Church, or a native American in their holy land. I would predicate an alien visit to any religious place upon shared spirituality; if not, at least upon open minded humility. I do not think a temple can offer any thing to satisfy idle curiosity, or patronization of a native culture, or worst - sneering upon a alien religiosity. A camera toting tourist taking picture with an arm around the Shiva lingam, however well meaning, would kill the ambiance of the higher consciousness, which the Shiva lingam suppose to represent.

     In the ancient Vedic times temples played very small role. Any body could have lit a fire (yagna) and prayed for himself or herself, or for others. Only in the later ages temples became more important, as it is more easy for common people to substitute rituals and grandeur of a temple for direct spirituality. To certain extent it may not be a bad idea. After all some thing is better than nothing. Again, this kind of substitution is seen in other cultures and religions also. Compare the grandeur of Pope and Cathedrals with the simplicity of Jesus. However, presence of an alien would destroy the very ambiance of such substitute spirituality. True spirituality have no problem with any human being. A true monk or a true yogi would not hesitate to interact with any individual. Nor a temple has any extra power as compared to any other location in the earth. However, a temple used as a means towards the spiritual end may have limited tolerance to the alien presence. That is, the degree of intolerance is directly proportional to the degree of the substitution. It is also true in other cultures or religions. For example, the antisemitism of christianity is much deeper than the usual explanation given in terms of politics. The mere presence of a Jew questions the validity of the basis of christianity. Compare that feeling with the work of Jesus.

     The another reason of such intolerance is the commercialization of the temple and the vested interest of the priests. Obviously, if you are making living out of believers, then you would rather keep non-believers away. A temple is supposed to be a repository of knowledge, where people would congregate for fellowship (satasang) and spiritual practices. Hinduism do not have concepts like believers and non-believers, rather Hinduism recognizes the interest of an individual about spirituality being more or less. That is, the issue is not whether a temple welcomes people or not, rather the issue is the degree of the use of the temple by an individual. However, the commercialization changes whole set up. A mere presence of an alien is conducive for less revenue. That is, the degree of intolerance is directly proportional to the degree of commercialization.

     One of the main reason of the intolerance against aliens in Hindu temples is due to the Islamic aggression against Hindu temples. Starting from eighth century to almost seventeenth century there has been many Moslem invasion into India. Many priests, monks and ordinary Hindus were killed, and many were converted to Islam by force. Many temples, monasteries and libraries were destroyed. One of the main target and motivation of such invasion is the wealth in the temples. Robbery and destruction of temples by these aliens is still unforgotten sad history of India. This historical fact still do contribute towards suspicion against aliens in the temples.

     Christianity in India was initiated by Thomas, disciple of Jesus himself. Later many displaced Christians, Jews and Zorastrians from middle east due to Islamic invasion took refuse in India. Among them, notably are the Syrian christians. Hindus do not prosecute people based upon religion. All these groups of refugees lived harmoniously in India with Hindus. ( To give modern examples, Mr. Rajeev Gandhi - Late Prime minister of India was a Zorastrian. And two of the Indian Presidents were Muslims.) However, the rise of European power and colonization of India by France, Britain and Portugal gave a new twist to this relation between Hindus and Christians. The European christians came with the arrogance of the colonial masters and religiousity of India were considered native superstitions. The fundamental doctrines of the christianity itself were of no help towards communication between Hindus and Christians. The basic theme of christianity is that christianity is the only correct religion and all other religions are basically wrong. Only way of salvation for natives is to convert to christianity. Jesus is the only way to heaven. Extra ecclesiam nulla salus - there is no salvation outside church. With that kind of mind set, there was no possibility of any kind of meaningfull dialogue between Hindus and Christians. Of course, dialogue between Christians and Muslims were only battles. For the Christians, dialogue with people of other religions is simply an attempt for conversion, not an attempt for genuine understanding. Even after the renaissance in Europe, though European used enlightened paradigm to deal with churches, there relations with colonized people remained same. Only after, political uprisings in Asian countries and overthrow of European colonial overlords, the European scholars started to seriously study the Hinduism or Buddhism. This historical background might partly explain why most of the temples were not open to aliens before, and why temples are becoming more open to aliens now.

     Hindus have a funny concept of purity. A person may splash a muddy handful of water from a holy river and consider himself or herself clean or pure than another individual who might have taken a good bath using soap and shampoo. This sense of cleanliness is ritualistic in nature and culture dependent. It does lead to a skewed vision of who is clean and who is not. It also leads to the idea that some are clean enough to be admitted in the temples and some are not, which is quite incomprehensible to the outsider.

     It may be observed that most of the problems are due to ignorance within or without, not religion. As people are getting more and more knowledgeable, these kind of whimsical barrier is breaking down, and temples are getting more open these days to every body.

     B. Regarding the second question why non-Hindus are not converted to be Hindus, let me point out the basic respect shown to other religions and cultures by Hinduism. Hinduism preaches spiritual evolution, not conversion.

     The concept of conversion comes with the underlying assumptions that humanbeings are divided in terms of religios camps, and that only one of them is correct religion and others are wrong. When a person converts from a religion to another, then basically that person is declaring that the previous religion is wrong and the new religion is right. For example, recently Mr. Mike Tyson converted to Islam while he was in the prison. With due respect to Mr. Tyson, let me point out following. As he stayed in the prison, he decided or came to know, or came to believe that Jesus is not a son of God, that Allah is the only God, that resurrection is not true, that God allows a man to have up to four wives, etc. He is also stating that he is no longer a christian but a muslim, and that Christianity is wrong and Islam is correct, that his previous life and beliefs were wrong and might have gone to hell, but luckily he is now in correct path leading to heaven. These kind of concept is alien to Hinduism. A Hindu might ask the basis of such conclusion, or belief. A Hindu might ask how any body can know answers to these questions, or is there any way to find answers, or is it really matters that every indviduals need to know about these issues.

     Hinduism believes that individuals comes with different upbringings, and because of the different upbringings individuals comes with different world views. No two individuals are alike. No individual is perfect, however each individual comes with some spiritual values. Some individual may come with higher spiritual value than others, which is not religion specific. For example, Mother Teressa and Mahatma Gandhi would be considered people of higher spirituality, though they are of different religions. Whereas, Hitler and Tojo would be considered people of low spirituality. Each individual may try to attain higher spiritual values in that individual's own effort. There are many ways of doing so. Each individual is free to practice or take any of these ways for his or her spiritual quest. Secular ethics and morality is the first step and the minima of such quest. One of the way is the careful examination of the inner values, discarding bad ones and adding on good ones. This is spiritual evolution or growth. Two individuals of higher spirituality need not think and behave alike. Spirituality is inner peace, not external trappings, nor a given set of doctrines or beliefs. However, inner peace may translate into outside day to day living in terms ability to absorb others negativity, and ability to exude peace and happiness.

     Each individuls, as per their upbringing, is neither good nor bad, rather different. If we compare different flowers, then each are unique and beautiful in its own way. Rose is beautiful as rose and lotus is beautiful as lotus. You may grow better and fragrant rose, and better and radiant lotus. However, concepts like converting rose to lotus means, some how rose is a bad flower and for its salvation need become lotus. Similarly, how can a Portuguese becomes Spaniard ? I am not aware of any techniques of such fit. A Portuguese may inter Spain or may even take Spain's citizenship, but cannot deny his or her Portugueseness, and at best pretend like a Spaniard. However, as time goes by an individual will be considered a Spaniard. It is a cultural and social assimilation, not a formal conversion. In Hindu society also such assimilation takes place. All the foreign invaders like Huns, Kushans, Greeks, and Shakas were assimilated and became Hindus. Matter of fact, Hindus are notorious for such assimilation. Believe it or not, the problem of Indian Christians and Muslims is not that Hindus might physically suppress them, but that in due course of time they may be assimilated into the Hindu society and may loose their separate identity.

     Each individual can learn and grow. To learn from others, the prerequisite is mutual respect and humbleness. The prerequisite for growth is self examination. The measure of growth is rejection of bad values and assimilation of good ones.

     With regards and respect - Tilak B. Shrestha.
     University of Florida, August 27, 1995.

          Ekam sat vipra bahuda vadanti.
          Truth is one, sages call it by different names.

          Vasundhaiva kutimbakam.
          The world is one family.

          Sarva dharma sambhava.
          Mnay paths to the same summit.

          Parasparopagraho jivanam.
          All the lives are interdependent.

          Sarve api sukhino santu.
          Let all be happy, healthy and blessed.

          Samyaktva.
          Avoidance of dogmatic, intolerant, harmful attitude.

          Iswara sarvabhootaanaam, hruddesse tishtati.
          The lord dwells in the heart of all beings.

          Om shantih, shantih, shantihi.
          Peace, peace, and peace.

***************************************************8 To: nepal@cs.niu.edu Subject: The verdict of the Supreme Court Date: Tue, 29 Aug 95 16:04:31 EDT From: rshresth@BBN.COM

I agree with Amulya that the Supreme Court needs to convince the people how they arrived at the decision that they did. Supreme Court cannot, by virtue of being the final institution of authority, merely announce their decision in a blanket statement and expect everyone to "eat" it, no matter what. Such a position of the Supreme Court, an unelected body, would only be a proxy of absolute power, much like absolute monarchy.

Especially in a case as controversial and polarizing as this one, the Supreme Court should reveal to the public any new information to their advantage or any new interpretation of the constitution to remain being credible and independent to its name.

Keshab Bhattarai writes:

> This decision makes it clear that a hung parliaments as the present is not
> necessarily bad for the nation. In contrast it is one that is more
> likely to be stable than one with a simple majority of one party.

How does it make so clear? Because any Supreme Court's decision is the voice of God? Only time will tell whether a simple majority or a minority will be a more stable government. A note to remember is that all parties right now are minority. No matter which parties form the government, it will still be the same tenuous situation.

> In a hung parliament several parties may be able to form a
> coalition government. While a PM of a party with simple majority in the
> parliament, such as GPK, can desolve the parliament or do "Manpari" rule
> while in the power.

During my stint in Kathmandu last month, one thing I learnt that many law experts assented was the fact that nowhere in the constitution does it say only a majority government can dissolve the parliament. The PM of a coalition or a minority very much can as well. Looking at the precedent set by Girija, the PM does not even need to consult his party or even his cabinet members to make a recommendation. I don't see how a hung parliament can provide any more security.

It would be interesting to see how the UML reacts to the decision, only after a year a rival political party set precedent of dissolving a parliament when avenues to form an alternative government were very much real. And it is more interesting to see exactly what the differences in scenario were there, in the perspective of the Consitution, that the Supreme Court unprecedently reversed the decision of the King and the PM.

Rajesh B. Shrestha rshresth@bbn.com

******************************************************************** To: nepal@cs.niu.edu Subject: The Nepal Digest misses its food Date: Tue, 29 Aug 95 18:11:25 EDT From: rshresth@black.clarku.edu (Rajesh B. Shrestha)

atuladhar@jack.clarku.edu writes:

>The Nepal Digest, a popular electronic news and views magazine on affairs
>relating to Nepal, has missed its food: the significant, fast developing news
>about the Suprem Court reinstating the parliament after the King dismissed it
>and called for the elections.

If you mean TND is missing its input (a la food), I think it's not. As the SCN Correspondent for TND, I have been forwarding all topical articles appearing on SCN regularly.

If what you really mean is that TND is not issuing forth as quickly as the news themselves are, you are right. Unlike SCN or the Web, unfortunately TND inherently bears a longer delay that must be endured. So the choice is whether to keep or weed out the older news. Since not everyone has access to the Usenet or the Web, it might still be a good idea to keep the news for belated news is better than no news (in my opinion) although it would inconvenience those of us who have already gotten the news.

What do the others think?

for TND, Rajesh B. Shrestha

********************************************************************* To: nepal@cs.niu.edu Subject: Does NC have the votes to pass no-confidence motion? Date: Tue, 29 Aug 95 18:17:32 EDT

Now that the Parliament has been restored, the next question is:

a) Will the UML oblige by resigning for shame and honor so NC need nor expose its weakness?

b) Will NC get the requisite number of votes to pass a formal motion of no-confidence on the UML govt. The current data suggests a "IFFY" situation.

        1. 103 votes out of 205 votes are necessary to pass a vote of
                no confidence against the UML,
        2. Only 70 Parliamentarians signed a petition to the King
                for a special session to discuss withdrawing support
                to the UML govt,
        3. The current coalition suggested: NC + RPP have a combined
                strength of 102 (83 + 19, correct me if i am wrong, this
                is the latest Aug 29 news despatch info). This is one vote
                short.
        4. NC will have to drawn on some support from the Sadbhavana
                probably one will come tthrough, but the Sadhbhavan
                  Paarliametary members have split with the former
                Secretary Hrideyesh Tripathi
                forming a party of his own and willing to
                support his socialist roots, the UML.
        5. All this assumes that there is no dissension in the ranks
                of the Opposition, the Congress, the RPP, and the Sadbhanva:
                We all know just how much faction and dissension ridden
                these political parties are: NC between girija and ganesh
                man supporters; RPP between chand and Surya bahadur supporter
                and Sadbhavana between Gajendra Narayan singh and Tiwari and
                Hrideyesh supporters.
        6. This situation leads Congress party spokesman, Tara Nath
                Bhatt,a krishna Prasad man, to express some hesitation of
                forming an immediate govt, "we might need a few days...
                if the UML does not {make it easy for us by} resign". Well
                they had several days to form coalition govt before the King
                called on the UMl.

While the people are concerned with the added cost of elections that does not translate to more support for the NC and more frustation with the uML. In fact public opinion and sympathy has increased for the UML in the interim period of 9 months while NC has continued to earn people's disgust, we will see how if ever they can rule in the near future.

Second, many events suggest a class alliance operating and driving the so-called impartial organs of governance: the American Embassy seemed to know of the verdict by issueing a travel advisory before the verdict, Supreme court justice biswo nath upadhaya seemed to have postponed the decision to aug 28 to give rightish forces plenty of time to organize and also to allay possible hostile reception from the China trip, the withdrawal of World Bank from Arun III, the US state dept threatening to reduce funds over the repatriationof ` Tibetans to China, the quick welcome hby the business class, all lead to suspect the convergence of capitalist forces to undermine communists from being too popular.

Historically,this is akin to the king mahendra banishing the elected govt of BP when his land reform proposals had some real chance of great popularity and upsetting the power balance of landed forced in Nepal. It might be pertinent to point out that an inflential member of the Supreme Court Justice belongs to this landed class of super-wealthy absentee landlord, who owns hundreds of bighas of land in Dhanusha, land which he is converting to govt subsidized Sisso planatation and converting generations of share croppers to contract workers so they would not have the right to claim tenurial right if the UML ever passed a "jusko jot, usko pot" law land reform.

Amulya Tuladhar Clark University

***********************************************************************************************

*********************************************************************************************** Date: Tue, 29 Aug 1995 19:56:57 -0400 (EDT) From: karki_s@a1.mscf.upenn.edu (Sher B. Karki) Subject: News 8/29/95 To: Nepal@cs.niu.edu

                Copyright 1995 Xinhua News Agency The materials in the Xinhua file were compiled by The Xinhua News Agency. These materials may not be republished without the express written consent of The Xinhua News Agency.

                            AUGUST 29, 1995, TUESDAY

LENGTH: 157 words

HEADLINE: opposition leader hails parliament reinstatement

DATELINE: kathmandu, august 29; ITEM NO: 0829055

 BODY:
   leader of the nepali congress party and former prime minister girija prasad koirala hailed the reinstatement of the house of representatives in nepal under the supreme court's verdict monday. the supreme court overthrew king birendra's order to dissolve the parliament on a recommendation of prime minister man mohan adhikari in june. it ruled that the recommendation of the prime minister for the dissolution of the parliament and announcement of a mid-term election were contrary to the constitution. in a statement issued after the court announced the verdict, koirala said the supreme court's verdict ended the existing uncertainty and confusion. he appealed to all parties to accept the verdict with restraint and respect. the ruling communist party's central committee held an emergency meeting late monday to discuss the reaction of the minority government to the verdict. no details of the meeting were available so far.

 
                  AUGUST 29, 1995, TUESDAY 13:32 Eastern Time

LENGTH: 258 words

HEADLINE: d p 1760 bc- nepal -govt-no confidence vote hke082962--nepali govt to face no-confidence vote in parliament

DATELINE: kathmandu, august 29; ITEM NO: 0829248

 BODY:
   the communist government in nepal will face a no-confidence motion in the newly restored parliament, according to a statement today. the three-point statement was issued by the central committee of the ruling communist party of
 nepal (uml) after a special meeting in the wake of the reinstatement of the lower house by the supreme court. the court monday made a verdict stating that the recommendation of prime minister man mohan adhikari for the dissolution of the lower house was unconstitutional and the house should be restored. king birendra in june dissolved the parliament according to the prime minister's advice and announced a mid-term poll in november. the action was taken as a pre-emotive move to avert a no-confidence motion tabled by the main opposition nepali congress, but the nepali congress party and other opposition parties filed writ petitions in the supreme court against the dissolution of the parliament. in today's statement, the communist party said it would try every way to defeat the no-confidence motion in the parliament. after the rejection of the no-confidence motion, the ruling party would provide options for opposition parties to join a coalition government, the statement said. the cpn-uml has 88 seats in the 205-seat parliament, while the three opposition parties, the nepali congress, the national democratic party (rpp) and the
 nepal sadbhavna (goodwill) party, hold 83, 20 and 2 respectively, with the rest taken by independents.

 
                  AUGUST 29, 1995, TUESDAY 13:03 Eastern Time

LENGTH: 278 words

HEADLINE: d p 1866 bc- nepal -pm-statement hke082961 --nepali pm issues statement on supreme court verdict

DATELINE: kathmandu, august 29; ITEM NO: 0829242

 BODY:
   nepali prime minister of the caretaker government man mohan adhikari issued a statement here this afternoon in response to a verdict made monday by the supreme court to revive the dissolved lower house. in its verdict, the supreme court ruled to reinstate the dissolved lower house as the recommendation of prime minister adhikari to dissolve the house and the announcement of mid-term polls was "unconstitutional," while the dissolution of the house on june 13 on the basis of the recommendation was also unconstitutional. the prime minister said in his statement that "during the last seven months of our rule, we have fully dedicated ourselves in strengthening national independence and national prestige." "but this best performance of our government could not be tolerated by the opposition parties, particularly the nepali congress (nc)," he said, adding that "nc leadership was totally active against us during last seven months." "due to this anti-people and anti-national conspiracies of the nepali congress, the country is thrown under political instability and chaos," he noted. in the political crisis created by the nepali congress and other parties, the government initiated for dissolution of the parliament for fresh mid-term polls, adhikari explained. "it was approved by constitution monarchy, and polling date was fixed for november 23, 1995," he said. "but now we are shocked by the present decision of the supreme court," the prime minister said.
"we respect the theory of separation of power in the parliament, but not interference with one each other," he stressed.

 

                  AUGUST 29, 1995, TUESDAY 08:02 Eastern Time

LENGTH: 254 words

HEADLINE: d e 1725 bc-india-s. asia-free trade hke082941 --india urges free trade in south asian region

DATELINE: new delhi, august 29; ITEM NO: 0829142

 BODY:
   indian external affairs minister pranab mukherjee today urged the private sector and the chambers of commerce and industry of the south asian association for regional cooperation (saarc) to help bring a free-trade-zone area in the south asian region to promote intra-regional trade. inaugurating the round table on the south asian preferential trade arrangement (sapta), mukherjee said that inter-regional trade accounted for three percent of the total trade of the saarc member countries which can be increased substantially through concerted efforts. saarc, formed in 1985, embraces bangladesh, bhutan, india, the maldives, nepal, pakistan and sri lanka. in its eighth summit held here in may this year, the saarc leaders reached an agreement to form sapta at the end of this year. five of the seven member countries have already ratified sapta. pakistan and bangladesh are expected to ratify it later this year. sapta countries have identified over 200 items for which they have indicated reduction of duties among themselves. while identifying the items for reduction of duties, efforts should also be made to provide essential infrastructural facilities within the region, mukherjee further said. mukherjee in his speech also urged the saarc member countries to present a united front to meet the challenges of non-trade barriers of social and environmental issues put up by the developed countries, which could affect trade enhancement in the region.

 

                  AUGUST 29, 1995, TUESDAY 05:01 Eastern Time

LENGTH: 167 words

HEADLINE: d e 1187 bc- nepal -tourism hke082912 --tourist arrivals up 7.9 pc in
 nepal

DATELINE: kathmandu, august 29; ITEM NO: 0829089

 BODY:
    nepal attracted nearly 150,000 foreign tourists in the first half of this year, 7.9 percent more than that of the same period last year, the department of tourism said. according to a report from the department, a total of 149,709 foreigners visited nepal from january to june in 1995, compared to 138,693 in the same period last year. indians accounted for the largest share of the tourists visiting nepal this year, followed by visitors from germany and the united kingdom. while indian visitors come mostly for shopping and pilgrimage, westerners usually come to nepal for trekking and mountaineering, the department said. tourism is one of the major sources of revenue in this himalayan country. there has been a steady growth in foreign exchange earnings from tourism in recent years. according to the department of tourism, nepali tourist industry earned 66.33 million us dollars and 88.20 million us dollars in 1993 and 1994 respectively.

                  AUGUST 29, 1995, TUESDAY 01:01 Eastern Time

LENGTH: 195 words

HEADLINE: d e 1375 bc-sri lanka-businessmen meeting hke082910 --south asian businessmen to meet in sri lanka

DATELINE: colombo, august 29; ITEM NO: 0829059

 BODY:
   about 70 top businessmen from the seven south asian countries are due to meet in sri lanka on thursday and friday for the first south asian business leaders forum, official sources said today. the forum is to promote economic activities between private sectors of the south asian association for regional cooperation
(saarc) countries and cooperation between industrialists and businessmen. it is also expected to give an impetus to the south asian preferential trade agreement (sapta). the forum is designed to promote regional cooperation at macro level where each country would be advertising itself. no definite targets have yet been identified but discussions at the inaugural forum will set up targets, the sources said. problems like tariffs, visas, dumping and competition in tourism, identified as common to the region, will top the list of priorities. at the meeting, bangladesh will speak on industry, bhutan on agriculture, india on human resource development, maldives on tourism, nepal on investment and trade, pakistan on infrastructure and energy and sri lanka on services, the sources said.

                           AUGUST 29, 1995, TUESDAY

LENGTH: 157 words

HEADLINE: opposition leader hails parliament reinstatement

DATELINE: kathmandu, august 29; ITEM NO: 0829055

 BODY:
   leader of the nepali congress party and former prime minister girija prasad koirala hailed the reinstatement of the house of representatives in nepal under the supreme court's verdict monday. the supreme court overthrew king birendra's order to dissolve the parliament on a recommendation of prime minister man mohan adhikari in june. it ruled that the recommendation of the prime minister for the dissolution of the parliament and announcement of a mid-term election were contrary to the constitution. in a statement issued after the court announced the verdict, koirala said the supreme court's verdict ended the existing uncertainty and confusion. he appealed to all parties to accept the verdict with restraint and respect. the ruling communist party's central committee held an emergency meeting late monday to discuss the reaction of the minority government to the verdict. no details of the meeting were available so far.

 Proprietary to the United Press International, August 29, 1995

HEADLINE: Nepal opposition backs coalition

BYLINE: BY BHOLA RANA

DATELINE: KATMANDU, Aug. 29

 BODY:
    Nepal's main opposition party, the Nepali Congress, said Tuesday the process of forming a coalition government was moving ahead without problems.
''There are no difficulties in forming a government. The process is easygoing,'' party secretary Govinda Raj Joshi said after an hour-long meeting attended by the future prime minister, Sher Bahadur Deuba. A coalition of the Nepali Congress, two other parties and independents have 106 seats in the 205-member house of representatives. The ruling Communist Party is the country's largest party but lacks of majority in Parliament. ''But we could muster 110 seats,'' Joshi said. On Monday, Nepal's Supreme Court ordered the nation's Parliament reinstated, calling on the government and the speaker of the House of Representatives to convene a special session to discuss a no-confidence motion against the government. Regular sessions of Parliament were also ordered. King Birendra, on the recommendation of Nepal's first elected Communist government, in June dissolved Parliament and ordered mid-term elections Nov. 23, nearly four years ahead of schedule. The minority Communists called the mid-term election to pre-empt discussion on a no-confidence motion that likely would have carried with a coalition of three opposition parties enjoying a majority of 106 seats in the 205-member House of Representatives. Seven petitioners had asked the court to reinstate the dissolved Parliament and cancel orders for mid-term elections.
''It is against the spirit of the constitution to dissolve Parliament when a special session of Parliament had been called to discuss a no- confidence motion,'' Chief Justice Bishwa Nath Upadhaya said of the court's judgment. ''The prime minister (Giriga Prasad Koirala) was wrong in interpreting the constitution when it was argued that the nation cannot again experiment with a coalition option after a minority government was formed,'' the judgment read. In November of 1994, Birendra first tried the coalition option before asking the Communists to form a minority government after a coalition did not emerge after inconclusive elections. Jubilant supporters of the Nepali Congress Party took to the streets Monday waving the party flag. Government supporters conducted a protest demonstration, but there were no reports of violence.

*********************************************************************** Date: Wed, 30 Aug 95 10:08:35 -0400 Sender: rshresth@bbn.com To: nepal@cs.niu.edu

Rajesh Shrestha and Amulya Tuladhar have raised questions about the appropriatness of the decision handed down by the Supreme Court and even alluded to possible compromise of judicial integrity. Though I normally find their arguments quite thought provoking, I feel that in this case they have allowed suppositions and innuendoes to lead to unsubstantianted conclusions.

 On 29 Aug 1995, Rajesh B. Shrestha wrote:

>
> I agree with Amulya that the Supreme Court needs to convince the people
> how they arrived at the decision that they did. Supreme Court cannot, by
> virtue of being the final institution of authority, merely announce their
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> decision in a blanket statement and expect everyone to "eat" it, no matter
> what. Such a position of the Supreme Court, an unelected body, would only be
> a proxy of absolute power, much like absolute monarchy.

The decision of the Supreme Court does prevail over all, but remember, the very existence of the court does allow for the theoretical seperation of the executive and the judiciary. As the Supreme court would not have direct executive powers, it would not be akin to "absolute monarcy". The decisions of the Supreme Court may not necessarily be perceived as the
"right one" but such judiciary functioning is the best we have... Even in the United States, the filling up of Supreme Court with conservatives by Nixon meant that all liberal programs and civil actions got shot down for the next 20 years. You could argue that such actions were 'anti- people' and try and do away with the court's powers, but the question remains as to what would replace it - I see no better options serving that end.

> > In a hung parliament several parties may be able to form a
> > coalition government. While a PM of a party with simple majority in the
> > parliament, such as GPK, can desolve the parliament or do "Manpari" rule
> > while in the power.

It is not the responsibility of the Supreme court to decide what type of parliament is preferable - that is the right of the people and their thoughtful use of voting prerogatives.

> It would be interesting to see how the UML reacts to the decision, only after

Agreeing to operate under multiparty democracy system includes recognition of the authority of the judiciary and its right to consititutional interpretations. The incumbent government may not decide to like the decisions but should respect it, otherwise the entire system falls apart. We cannot afford to have a judiciary whose decisions are not enforceable - this entire argument is set aside from which party is actually doing better work or which deserves to rule - that aspect is, let me emphasize once more, the right of the people.

atuladhar@jack.clarku.edu writes:

>They have to specify exactly which
>legal provison was contravened to render the dissolution "illegal",
>anyoby can give an opinion and Supreme Court will do a disservice to
>their image of"independence" if they can ward of allegations of
>grand-standing which Biswonath will be accused of doing if he cannot
>defend his judgement to the peopleof Nepal, not just legal scholars.

in another article he continues...

>Supreme courtjustice biswo nath upadhaya seemed to have postponed the
>decision to aug 28 togive rightish forces plenty of time to organize and
>also to allay possiblehostile reception from the China trip, the withdrawal
>of World Bank from ArunIII, the US state dept threatening to reduce funds
>over the repatriation of `Tibetans to China, the quick welcome hby the
>business class, all lead to suspect the convergence of capitalist forces
>to undermine communists from being too popular.

I don't know if Amulya has a bone to chew with the chief justice or he is merely fencing shadows in the dark. This was the same chief justice that was hailed as bringing honor to the judiciary after the Tanakpur verdict that went against the incumbent Congress government. The above paragraph shows him to be an adept conspirator doing honor to Robert Ludlum's fictional characters.

All issues that reach the court are not black or white - the constitution too, is not set in stone, it can be open to interpretations and ammendments but in a procedural manner - Look at the US constitution and the plethora of Ammendments that resulted as perceptions and values changed over time. This argument is not to debate which was the better government (UML or Congress) - judging from news reports, it is evident that they both did little to fulfill the expectations of the people. It is presented to show that the judiciary should make decisions independent of performace considerations - and unless someone can prove that a better system of resolving conflicting interpretations exits, the authority of the judiciary should be binding on all parties.

Arun Pant pant@students.uiuc.edu University of Illinois at Urbana Champaign

************************************************************************** Date: Wed, 30 Aug 95 10:10:43 -0400 To: nepal@cs.niu.edu Subject: Re: UML appeals the SC decision From: atuladhar@jack.clarku.edu

I just read that UML has appealed against the SC decision under some Articles of the Constitution, unlike the SC decision which made no mention of which Articles were contravened.

If this news is accurate, what happens? ordinarily, the due process of law requires that the SC decision is held in abeyance from execution until the appeal process challenging this has been exhausted. Does any one know what time is mandated in the Constitution for this process? Could this appeal extend over the Nov 23 election date? and if it does and we have new elected Parliaments and the old is reinstated, we will have a real 'bhalu ko Jhampat' constitutional mess and political mess. And if UML wins in the appeal process, can NC again repeal, how long can this appeal/repeal process go on, was Nov 23 date chosed to exhaust all the appeal days? Will some experts or knowledgeable persons care to enlighten us?

thanks amulya

******************************************************************** Date: Wed, 30 Aug 95 10:13:54 -0400 To: nepal@cs.niu.edu Subject: Re: RE: The Nepal Digest misses its food

Cross-posted from SCN:
--------------------- From: atuladhar@jack.clarku.edu

In a previous article, rshresth@black.clarku.edu (Rajesh B. Shrestha) wrote:
->atuladhar@jack.clarku.edu writes:
->
->>The Nepal Digest, a popular electronic news and views magazine on affairs
->>relating to Nepal, has missed its food: the significant, fast developing news
->>about the Suprem Court reinstating the parliament after the King dismissed it
->>and called for the elections.
->
->If what you really mean is that TND is not issuing forth as quickly as the
->news themselves are, you are right. Unlike SCN or the Web, unfortunately TND
->inherently bears a longer delay that must be endured. So the choice is whether
->to keep or weed out the older news. Since not everyone has access to the
->Usenet or the Web, it might still be a good idea to keep the news for belated
->news is better than no news (in my opinion) although it would inconvenience
->those of us who have already gotten the news.

================== TND is the only source, even primary source, for most Nepalese in the electronic diaspora, of news on nepal, their emotional digital umbilical cord to Nepal maata, so when TND fails to digest our "ttato tato bhaat equivalent news of fast developing stories such as the recent Supreme Court decision" the readers are short-changed, but given a choice between no bhaat and baasi bhaat, i would choose baasi bhaat anyday, but in this zamana of instantaneous bhaat, baasi bhat is indeed unappealing.
===================

->
->What do the others think?
->for TND,
->Rajesh B. Shrestha
->

%%%%%%Editor's Note: With due respects to all the "news hungry readers" %%%%%
%%%%%% its easily forgotten that TND is "Not For Profit" %%%%%
%%%%% "Free For All" electronic journal. TND still is in %%%%%
%%%%% dire needs of regional volunteers to publish journal %%%%%
%%%%% without any delay. %%%%%
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

********************************************************************** From: Shailesh R. Bhandari <sbhandar@garnet.acns.fsu.edu> Subject: MUKTAK To: nepal@cs.niu.edu Date: Wed, 30 Aug 1995 16:14:42 -0400 (EDT)

>From Shailesh Bhandari
 
                                  BEDANAA
  
                      Mera man ka bedanaa lai maile baadhna sakina
                      Tyasaile ma samaya dekhi tarsieko chhu
                      Kunai ram-jham ma pani man lagdaina mero,
                      Kina vane, haasna pani maile birsieko chhu.
 
************************************************************** From: ponta@sas.upenn.edu (Pratyoush R. Onta) Subject: new books To: NEPAL@cs.niu.edu (tnd) Date: Wed, 30 Aug 1995 20:47:05 -0400 (EDT)

Gregory Maskarinec (Anthropology, Hawaii) sent me a note about three recent books (including one of his). I have not had a chance to read them yet.

G. Maskarinec
"THE RULINGS OF THE NIGHT. An Ethnography of Nepalese Shaman Oral Texts," University of Wisconsin Press, 1995.

Hofer, Andras. 1994. A Recitation of the Tamang Shaman. Bonn: Wissenschaftsverlag.

Lecomte-Tilouine, Marie. 1993. Les Dieux du pouvoir. Les Magar et l'hindouisme au Nepal Central. Paris: CNRS Ethnologie.
(This book is reviewed by Laura Ahearn in the most recent issue of the Himalayan Research Bulletin).

Pratyoush Onta

************************************************************* Date: Thu, 31 Aug 1995 00:16:38 -0400 (EDT) From: karki_s@a1.mscf.upenn.edu (Sher B. Karki) Subject: News 8/30/1995 To: Nepal@cs.niu.edu

                  The Xinhua General Overseas News Service
                          Xinhua General News Service

The materials in the Xinhua file were compiled by The Xinhua News Agency. These materials may not be republished without the express written consent of The Xinhua News Agency.

                 AUGUST 30, 1995, WEDNESDAY 04:01 Eastern Time

LENGTH: 326 words

HEADLINE: d p 2135 bc- nepal -women hke083020 --nepali women eager to have a say in beijing

DATELINE: kathmandu, august 30; ITEM NO: 0830092

 BODY:
   language barrier didn't deter kaanchi bhandari from trying to exchange her viewpoints on women's affairs with women from all over the world in beijing, china. "apart from having learnt that beijing is the capital of china, i'm sure that i will learn some other things there," said bhandari, a delegate of a nepali non-governmental organization (ngo) who is going to attend the ngo forum on women preceding the fourth world women's conference in beijing early next month. a grass-roots social worker from a remote district in east nepal, bhandari has been working to raise awareness among local people about girl trafficking, a major social problem in south asian countries. nearly 200 nepali women including a 37-member governmental delegation will participate in the world conference on women and the ngo forum which is scheduled to begin today. although the nepali government has expressed its commitment for empowerment of women to get equal rights in decision making and family life, there is persistent gender bias in this himalayan kingdom and women here continue to suffer from social and economic disadvantages. the governmental delegation will present the realistic status of nepali women at the beijing conference which begins on september 4. "women all over nepal are aware that something is happening in china, and they want to be part of it," said chief delegate sahana pradhan, a women member of parliament. she added that her delegation would definitely have a say on a south platform in the two-week-long conference. the governmental delegation, which is to leave thursday, will be pressurized by more than 150 nepali women from the ngo sector lobbying for similar issues in the ngo forum located one hour's drive from the conference site. another some 10 ngo women from nepal have gained observer status to witness the inter-governmental conference.

HEADLINE: nepali minister on domestic situation

DATELINE: kathmandu, august 30; ITEM NO: 0830050

 BODY:
   nepali information and communications minister pradip nepal has urged the country's communications media to stay away from politics as the country's situation became volatile. he made this remark on tuesday while talking to chiefs of communications media and senior officials of the ministry of information and communications after the supreme court's verdict on monday to restore the parliament. the parliament was dissolved by king birendra in june on the recommendation of prime minister man mohan adhikari. nepal said for the time being no political party is in a position to say in which direction the politics in this country is heading, adding that situation has become volatile due to the supreme court's verdict. as every party requires the support from another party, no one can say who will form the next government, he said.

                Proprietary to the United Press International 1995
                           United Press International

            August 30, 1995, Wednesday, BC cycle -14:03 Eastern Time

SECTION: International

LENGTH: 79 words

HEADLINE: Nepal, Egypt sign aviation deal

DATELINE: KATMANDU, Aug. 30

 BODY:
    Nepal and Egypt concluded four days of discussions Wednesday with the signing of an aviation deal that permits both nations' airlines to operate direct air services between their capitals, according to an official statement. The accord was signed by Nepali Director-General of Civil Aviation D. B. Deuja and A.M. Khedr, director-general of air services for the Egyptian Civil Aviation Authority. No details were provided on when the flights will begin.

August 30, 1995, Wednesday, BC cycle -12:13 Eastern Time

SECTION: International

LENGTH: 535 words

HEADLINE: Nepalese protest PM's Parliament delay

BYLINE: BY BHOLA RANA

DATELINE: KATMANDU, Aug. 30

 BODY:
   Supporters of Nepal's beleagured 9-nine-old communist government held a torchlight procession in the capital Wednesday night to protest the Supreme Court decision to reconvene Parliament and discuss a no-confidence vote. Thousands of youths shouted slogans against Chief Justice Bishwa Nath Upadhaya. Prime Minister Man Mohan Adhikari tried to delay the special session of Parliament by writing to the speaker of the House of Representatives, Ram Chandra Paudel. ''As the discussions for the session convened under Article 53(3) (of the constitution) directly concern me, and as I cannot be at the session, I request that no session be held,'' Adhikari said. The two-paragraph letter was sent to the speaker from Adhikari's hospital bed, where he is nursing injuries sustained earlier this month in a helicopter crash. Adhikari, 74, said doctors have ordered complete rest for him for at least three weeks. Adhikari also wrote to King Birendra with the same request, state- owned Radio Nepal reported. Paudel was scheduled to meet with King Birendra later Wednesday to discuss convening the special session, a palace source said. In June, the king called the special parliamentary session after 70 members of the House of Representatives requested it to discuss a no- confidence vote. Adhikari, however, dissolved Parliament and ordered elections on Nov. 23 before the motion could be discussed. But in an extraordinary judgment on Monday, a special session of the Supreme Court ordered the reinstatement of Parliament. Student supporters of the two main opposition parties abruptly canceled a planned demonstration Wednesday to celebrate the landmark judgment, which could pave the way for the emergence of a coalition government. In addition to reinstating Parliament, the Supreme Court also directed Paudel to convene the special session to discuss the no- confidence motion. Various organizations affiliated with the ruling party have called for a strike Thursday in the capital to protest the court ruling. In another development Wednesday, the president of the main opposition Nepali Congress Party, Krishna Prasad Bhattarai, said,
''We have condemned the prime minister's statement. We have taken strong exception to his statement.'' On Tuesday, student loyalists of the ruling party marched through the streets of the capital, shouting insults at the Supreme Court and particularly at its chief justice, Bishwa Nath Upadhaya. Supporters of the ruling party rallied again Wednesday night, holding a torchlight procession through the streets of Katmandu. Madav Nepal, the deputy prime minister and secretary-general of the party, said in a statement after a two-day emergency Central Committee meeting, ''The verdict has stunned the party, the people and the entire nation. The Supreme Court verdict concerning the House of Representatives is likely to pose a threat to the dignity of the respected court and judges. ''The verdict is not consistent with established precedence, the dignity of the constitution, parliamentary and democratic norms, and values. It seems to be politically motivated,'' the party leader added.

August 30, 1995, Wednesday, BC cycle -11:25 Eastern Time

SECTION: International

LENGTH: 64 words

HEADLINE: Nepal premier seeks Parliament delay

DATELINE: KATMANDU, Aug. 30

 BODY:
   Nepalese Prime Minister Man Mohan Adhikari is urging (Wednesday) a postponement of a special session of Parliament, called to discuss a no-confidence motion against his 9-month-old minority government. Adhikari wrote to the speaker of the House of Representatives, asking him not to immediately call the special session mandated earlier this week by Nepal's Supreme Court.

August 30, 1995, Wednesday, BC cycle -02:32 Eastern Time

SECTION: International

LENGTH: 46 words

HEADLINE: Money recovered from aircraft

DATELINE: KATMANDU, Aug. 30

 BODY:
   Customs officials at Katmandu International Airport found $222,950 in an unclaimed suitcase on a Royal Nepal Airlines plane heading for Hong Kong Tuesday, officials said. The currency notes were delivered to the Nepal Rashtra Bank, the kingdom's central bank.

               

                  Deutsche Presse-Agentur, August 30, 1995

HEADLINE: Nepal's ruling party holds torch light rally to protest ruling

DATELINE: Kathmandu

 BODY:
     Nepal's ruling United Marxist-Leninists party staged one of the biggest torch-light rallies ever in this Himalayan kingdom Wednesday evening to protest against the Nepalese Supreme Court's decision to revive the dissolved lower house of Parliament.

    Thousands of young Communist activists marched through the streets of the Nepalese capital shouting "Hang (Chief Justice) Biswanath Upadhyaya".

    The high court, in a majority decision, ruled the dissolution of the House on June 13 "unconstitutional" and ordered the early convening of the House.

    Nepalese Prime Minister Man Mohan Adhikari, 74, who had narrowly escaped a helicopter crash in west Nepal on August 14, had requested the Nepalese king and the speaker of the lower house of Parliament not to call the session until he has recovered completely. Adhikari, undergoing treatment at the Teaching Hospital here, said doctors attending him feel he needed at least three more weeks to recover completely.

    Opposition parties, meanwhile, were meeting almost around the clock to form a possible coalition government if the UML is voted out of power.

    The UML, meanwhile, called a total general strike in the Kathmandu Valley Thursday when "not even a fly will be allowed to fly". dpa sb

                  Copyright 1995 Deutsche Presse-Agentur
                            Deutsche Presse-Agentur

                     August 30, 1995, Wednesday, BC Cycle
                          16:10 Central European Time

SECTION: International News

LENGTH: 414 words

HEADLINE: Nepal's ruling party holds torch light rally to protest ruling

DATELINE: Kathmandu

 BODY:
     Nepal's ruling United Marxist-Leninists party staged one of the biggest torch-light rallies ever in this Himalayan kingdom Wednesday evening to protest against the Nepalese Supreme Court's decision to revive the dissolved lower house of Parliament.

    Thousands of young Communist activists marched through the streets of the Nepalese capital shouting "Hang (Chief Justice) Biswanath Upadhyaya". The high court, in a majority decision, ruled the dissolution of the House on June 13 "unconstitutional" and ordered the early convening of the House.

    Nepalese Prime Minister Man Mohan Adhikari, 74, who had narrowly escaped a helicopter crash in west Nepal on August 14, had requested the Nepalese king and the speaker of the lower house of Parliament not to call the session until he has recovered completely.

    Adhikari, undergoing treatment at the Teaching Hospital here, said doctors attending him feel he needed at least three more weeks to recover completely.

    Opposition parties, meanwhile, were meeting almost around the clock to form a possible coalition government if the UML is voted out of power.

    The UML, meanwhile, called a total general strike in the Kathmandu Valley Thursday when "not even a fly will be allowed to fly".

               Agence France Presse, August 30, 1995

            August 30, 1995 Nepal -demonstration 10:00 Eastern Time

SECTION: International news

LENGTH: 480 words

HEADLINE: 15,000 left-wing students protest reinstated parliament

DATELINE: (Picture)

 BODY:
   KATHMANDU, Aug 30 (AFP) - More than 15,000 left-wing students held torch demonstrations Wednesday in three cities of the Kathmandu valley to denounce a supreme court ruling that reinstated Nepal's disbanded house of representatives, witnesses said.

   The students of the All Nepal Nationalist Free Students' Union, who demonstrated in Bhaktapur, Kathmandu and Lalitpur, paraded slogans like "Death to supreme court justice" and "Supreme court verdict is politically motivated. "

   The court on Monday reinstated the country's disbanded parliament, ruling that its dissolution by King Birendra on June 13 at the recommendation of Prime Minister Man Mohan Adhikari was unconstitutional and therefore "null and void."

   Adhikari said the opposition's unhelpful attitude towards his Nepal Communist Party-United Marxist and Leninist government forced him to make the request.

   Soon after, opposition parties filed writ petitions demanding reinstatement of the house.

   In Kathmandu, traffic flow during the demonstration was disrupted and many owners hastily closed their shops on hearing the demonstrators' angry shouts.

   Hundreds of riot police watched the demonstrators but no untoward incidents were reported.

   The demonstrations were a prelude to a day-long general strike in the valley on Thursday called by the student union.

   More than 400,000 vehicles, including buses and trucks loaded with goods from neighbouring India and other countries, will be stopped during the general strike. "Today's torch demonstration is the start of nation-wide action to denounce the supreme court's unconstitutional and political verdict that revived the disbanded parliament and cancelled the mid-term polls slated for November 23," a student union spokesman told AFP.

   "Our actions will continue until mid-term polls are announced," a left-wing student participating in the demonstration said.

******************************************************* To: nepal@cs.niu.edu Subject: The verdict of the Supreme Court Date: Thu, 31 Aug 95 9:38:49 EDT From: rshresth@BBN.COM

Cross-posted from SCN:
---------------------

Arun Dev Pant <pant@ux4.cso.uiuc.edu> wrote:

>The decision of the Supreme Court does prevail over all, but remember,
>the very existence of the court does allow for the theoretical seperation
>of the executive and the judiciary. As the Supreme court would not have
>direct executive powers, it would not be akin to "absolute monarcy". The
>decisions of the Supreme Court may not necessarily be perceived as the
>"right one" but such judiciary functioning is the best we have... Even in
>the United States, the filling up of Supreme Court with conservatives by
>Nixon meant that all liberal programs and civil actions got shot down for
>the next 20 years. You could argue that such actions were 'anti- people'
>and try and do away with the court's powers, but the question remains as
>to what would replace it - I see no better options serving that end.

I agree with you on the point that the Supreme Court does prevail over all. The intention of my earlier post was querying the path to the decision taken by the Supreme Court, not questioning the existence of one.

To restate what I said, the Supreme Court needs to cite what new information or interpretation they have uncovered that tilted the balance in the favor of the decision that they did. After all, this whole episode was an exercise of the Constitution. If we are no more enlightened by the Supreme Court at the end of the exercise, we are bound to remain polarized by the issue and the same episode is bound to happen again.

Since the (at least some) members of the Supreme Court were the very people that drafted the Constitution, perhaps their interpretation of the language of the Articles, almost unanimously accepted as vague, would be more binding to all of us and hopefully prevent another constitutional crisis.

>> It would be interesting to see how the UML reacts to the decision, only after
>
>Agreeing to operate under multiparty democracy system includes
>recognition of the authority of the judiciary and its right to
>consititutional interpretations. The incumbent government may not
>decide to like the decisions but should respect it, otherwise the entire
>system falls apart. We cannot afford to have a judiciary whose decisions
>are not enforceable - this entire argument is set aside from which party
>is actually doing better work or which deserves to rule - that aspect is,
>let me emphasize once more, the right of the people.

As it turns out it is indeed interesting that UML has appealed the Supreme Court, presumably through a "procedural manner". No doubt that the Supreme Court's decision is binding to all parties, but it would command more respect if the Supreme Court could also proclaim transparency in its dealings the same way we ask for in a government than merely through its (SC's) namesake.

Rajesh B. Shrestha rshresth@bbn.com

************************************************************ To: nepal@cs.niu.edu Subject: news august 30 Date: Thu, 31 Aug 95 9:41:27 EDT From: ponta@mail2.sas.upenn.edu (Pratyoush R. Onta)

August 30, 1995, Wednesday, BC Cycle
                          16:10 Central European Time

SECTION: International News

LENGTH: 414 words

HEADLINE: Nepal's ruling party holds torch light rally to protest ruling

DATELINE: Kathmandu

 BODY:
     Nepal's ruling United Marxist-Leninists party staged one of the biggest torch-light rallies ever in this Himalayan kingdom Wednesday evening to protest against the Nepalese Supreme Court's decision to revive the dissolved lower house of Parliament.

    Thousands of young Communist activists marched through the streets of the Nepalese capital shouting "Hang (Chief Justice) Biswanath Upadhyaya".

The high court, in a majority decision, ruled the dissolution of the House on June 13 "unconstitutional" and ordered the early convening of the House.

    Nepalese Prime Minister Man Mohan Adhikari, 74, who had narrowly escaped a helicopter crash in west Nepal on August 14, had requested the Nepalese king and the speaker of the lower house of Parliament not to call the session until he has recovered completely.

    Adhikari, undergoing treatment at the Teaching Hospital here, said doctors attending him feel he needed at least three more weeks to recover completely.

    Opposition parties, meanwhile, were meeting almost around the clock to form
 a possible coalition government if the UML is voted out of power.

    The UML, meanwhile, called a total general strike in the Kathmandu Valley Thursday when "not even a fly will be allowed to fly". dpa sb

 nepali minister on domestic situation

DATELINE: kathmandu, august 30; ITEM NO: 0830050

 BODY:
   nepali information and communications minister pradip nepal has urged the country's communications media to stay away from politics as the country's situation became volatile. he made this remark on tuesday while talking to chiefs of communications media and senior officials of the ministry of information and communications after the supreme court's verdict on monday to restore the parliament. the parliament was dissolved by king birendra in june on the recommendation of prime minister man mohan adhikari. nepal said for the time being no political party is in a position to say in which direction the politics in this country is heading, adding that situation has become volatile due to the supreme court's verdict. as every party requires the support from another party, no one can say who will form the next government, he said.

********************************************* To: nepal@cs.niu.edu, rshresth@BBN.COM Subject: PROTECT HUMAN RIGHTS FOR WOMEN Date: Thu, 31 Aug 95 13:14:50 EDT

Cross-posted from SCN:
---------------------

well put whoever is concerned...

However, It's been known that the Chinese government has prohibited any kinds of protest against it's government policy of any kind. It's a cruel irony, women gathering arm in arm to free itself from the bondage of the so called 'the weaker sex', in a nation where issues like human rights always take the back seat. There are reports that many women are held back from attending this women conference. Furthermore, women representing Tibet and Taiwan are totally barred. What would be the fate of Olympians, should the summer Olympics be held in Beijing instead of Sydney? Perhaps, it's the best spot to kick off such humongous task. After all one needs to be at the heart of the problem to begin weeding.

kunga

************************************************** Date: Thu, 31 Aug 1995 14:42:29 -0400 (EDT) From: karki_s@a1.mscf.upenn.edu (Sher B. Karki) Subject: News 8/31/95 To: Nepal@cs.niu.edu
                           AUGUST 31, 1995, THURSDAY

LENGTH: 131 words

HEADLINE: date for house session fixed in nepal

DATELINE: kathmandu, august 31; ITEM NO: 0831051

 BODY:
   king birendra of nepal late wednesday ordered the newly-restored lower house to hold a special session on september 5. the parliament was restored on monday when the supreme court ruled that the dissolution of the house by the king under the recommendation of prime minister man mohan adhikari in june was valid. the date for the special house session was set after speaker of the house of representatives ramchandar poudel made a submission to the king to this effect, according to the parliament secretariat. earlier on wednesday, prime minister adhikari submitted a letter to the king asking not to set a date for a parliament session until his release from hospital. adhikari has been under medical treatment in hospital for his injuries in a helicopter crash two weeks ago.

                  Copyright 1995 South China Morning Post Ltd.
                            South China Morning Post

                                August 31, 1995

SECTION: Pg. 3

LENGTH: 280 words

HEADLINE: $ 1.7m in unclaimed suitcase

BYLINE: By GREN MANUEL

 BODY:
    A MESSAGE to anyone travelling on Royal Nepal Airlines flight RA940 from Kathmandu to Hong Kong on Tuesday: did you lose a suitcase?

    If so, it is still in Kathmandu, along with the US$ 220,000 (HK$ 1.7 million) in cash stuffed inside it.

    Customs officers at the airport conducted a surprise check on the aircraft shortly before it was about to take off, taking all the luggage out of the hold and asking passengers to identify cases.

    One large chocolate-coloured plastic case was not claimed, and when it was opened the cash was revealed.

    It is unlikely to be a case of absent mindedness, though. Nepal has strict exchange controls and whoever was carrying the cash would have been arrested.
    In the unlikely event anyone wants to claim the cash it is now held by
 Nepal Rashtra Bank, the country's central bank.

                   The Xinhua General Overseas News Service
                          Xinhua General News Service

The materials in the Xinhua file were compiled by The Xinhua News Agency. These materials may not be republished without the express written consent of The Xinhua News Agency.

                  AUGUST 31, 1995, THURSDAY 12:02 Eastern Time

LENGTH: 381 words

HEADLINE: d p 1509 bc- nepal -party-house session hke083137 --nepali ruling party asks to postpone house session

DATELINE: kathmandu, august 31; ITEM NO: 0831215

 BODY:
   the parliamentary party of the ruling communist party of nepal (uml) today requested speaker of the lower house ram poudel to postpone the special session of the parliament because of the illness of its leader. prime minister man mohan adhikari, also cpn-uml parliamentary party leader, has been in hospital for two weeks after he was injured in a helicopter accident. the parliamentary party of the cpn-uml asked to hold the special house session at least three weeks later. king birendra wednesday ordered the speaker of the house to convene a special session on september 5. earlier, adhikari had submitted a letter to the king requesting not to fix a date for the session until his release from hospital, saying that doctors had advised him to stay in hospital for another three weeks. since the prime minister himself had to answer questions raised during a vote of no-confidence motion tabled in the house, it was imperative to urge the postponement of the special session, chief whip of the cpn-uml parliamentary party devi prasad ojha said. adhikari in june recommended the king to dissolve the lower house to avoid a no-confidence motion filed by oppositions, but the house was reinstated monday by a supreme court's verdict.

HEADLINE: d p 2900 bc-ngo-press urged to respect women mass media urged to report women's real image

DATELINE: beijing, august 31; ITEM NO: 0831190

 BODY:
   participants attending the non-governmental organizations forum on women today urged media organizations to eliminate discrimination against women, more fully report women's development and progress, and present their real image to the public. ten workshops on the relationships between women and mass media were held here today. delegates from india, nepal, cuba and the democratic people's republic of korea agreed that with social progress, women will be more constantly reported by mass media. but in mass media sexual discrimination has not been eliminated thoroughly and the phenomenon of distorting women's images occurs from time to time. seema sakhare, a delegate from india who studies woman issues and provides consultancy on family affairs, said that over the past ten-odd years many indian women have been involved in political, economic, cultural and educational areas and have made great contributions. however, media organizations did not give due coverage to them, she noted. "some people emphasize women's role as housewives only, to the neglect of their contributions to society. i think this is not fair," she said. mour selman, a professor with lebanese university, said that she was worried about the excessive coverage on woman's body by a number of media organizations. she said that pictures captioned as "charming smile" and "plump thighs", common in western countries, are now also appearing in developing countries. this tendency of regarding women as a commodity and a plaything has become quite evident in media organizations in some places, she added. selman's view was shared by julienne munyaneza from rwanda, who used to do social work in europe, africa and asia and is familiar with the state of women in many countries. munyaneza said, "among us women are heads of state, writers, artists, doctors and lawyers. more of us are ordinary laborers. their talent and merits ought to be acknowledged and commended by whole society. why are they treated as women only?" according to participants, to improve women's image in mass media, it is, first of all, necessary to make sure that men and women are equal in the circle of journalism and more women become decision makers. salman said that although more women are now employed in media organizations in all countries, only a few of them are decision makers. participants urged governments of all countries to take specific measures to avoid contents of discriminating against and insulting women by the press. meanwhile, the conduct of respecting women should be encouraged by all sectors of society in order to show a real image of women, they said.

  HEADLINE: d p 2453 bc- nepal -strike hke083128 --general strike held in nepali capital of kathmandu

DATELINE: kathmandu, august 31; ITEM NO: 0831155

 BODY:
   a general strike was held in kathmandu valley today with almost all shops closed and few vehicles seen running in the streets of three cities in the valley. the general strike was organized by the pro-communist all nepal national free students union (annfsu) in protest of the supreme court's verdict to revive the dissolved lower house. the supreme court ruled monday to revive the dissolved lower house, arguing that the recommendations of prime minister man mohan adhikari to dissolve the house was "unconstitutional". the annfsu also organized a grand protest procession here this morning, followed by a mass gathering at the center of the capital city this afternoon. the annfsu also declared that it would continue its protest programs including demonstrations from tomorrow on. king birendra has ordered on august 30 to convene a special session of the revived house of representatives on september 5, 1995, discussing a possible non-confidence motion against the minority cpn-uml government by the oppositions. m.m. adhikari, president of the ruling cpn-uml, had stated after the verdict that his party was "prepared to face the challenges ahead in the elected parliament fearlessly and honestly." before the lower house being dissolved, the main opposition, the nepali congress (nc), had declared on june 9 to withdraw its conditional support to the minority communist government and handed over a petition to king birendra to convene a special parliament session for considering the nc non-confidence motion against the government. after receiving the petition, king birendra declared on june 9 to convene a special session on june 16. however, later on june 13, the king dissolved the lower house upon the recommendations of the prime minister and declared a fresh mid-term poll on november 23. nevertheless, altogether seven writ petitions were filed to the supreme court by the nc and other oppositions as well as independents afterwards against the prime minister's recommendations to dissolve the lower house and call mid-term elections. the supreme court made its verdict to revive the lower house on august 28 after hearing the writ petitions

**************************************************** Date: Thu, 31 Aug 1995 16:56:01 -0500 (EST) Subject: Tiwari's analysis of Supreme Court decision... From: "C. Tiwari" <74641.3624@compuserve.com>

                When the Court Becomes Just Another Political Party...

Following the Supreme Court (SC) verdict restoring the dissolved parliament I have received numerous e-mails asking my reaction(s).
"Nepalma je pani hunchha" (anything can happen in Nepal), so goes the old saying. The judiciary, respected and worshipped, as an independent authority to dispense justice based on constitution, has become partisan, and hence lost its independent personality. It now has become just another political party.

The Chief Justice Biswanath Upadhyaya has opined that Prime Minister Man Mohan Adhikary's recommendation to dissolve the parliament was
"illegal" and "unconstitutional." Fine. But "illegal" and "unconstitutional" under which article of the constitution? He has not quoted any article or articles to support his verdict. Because there is no such article to quote. In this situation how are we to take SC's verdict? Is it a judicial verdict? Yes, it is. Because it is printed in the letter head of the Supreme Court. That being so we are compelled to accept it as legal verdict. But when we study it between the fine lines we have to be honest to ourselves to say that SC's verdict is a politically motivated decision. If it was a truly legal decision they would have quoted the article to substantiate their arguments. They have not done so. This verdict is like a political speech of an irresponsible political leader at Tundikhel Open Theatre. The verdict totally subjective. It is like a dissertation withour appropriate footnote or reference.

Some people, especially in Panchangress camp, has reason to be jubilant. But in the long run the SC's verdict will hardly help to consolidate democracy and its institutions in Nepal. The verdict has unleashed a dangerous precedent in which future courts will compete with political parties in maintaining their superiority.

The SC has exceeded its well defined boundaries and has encroached in executive and legislative sphere. It has ventured into the sphere of political management and has ignored the theory of separation of powers. The judiaciary sure has the right to interpret the constitution but it has NO right to AMEND the constitution. In this verdict the SC has provided interpretation to Article 42 (1, 2, 3) but it has amended article 53 (3). This precisely where the judiciacy has not behaved in accodance to the rules constitutional parliamentary democracy. By interferring on essentially political questions, the SC unfortunately has added fuel into the already burning political situation of Nepal.

What Next?

The king has called the special session of parliament to meet on September 5, 1995 following the court's order. No one is sure what is likely to happen on that day. The NC+NDP coalition or better call it Panchangress was jubilant. But its jubilation was turned into cautious behavior immediately. These people who called the special session to discuss no-confidence motion against the UML govt themselves began to ask for "resignation." Why? Because they want easy access to power. They don't want to face election either in the parliament or in the country. They are scared that their motion could fail because of the fragile and unholy alliance of Panchangress. Therefore they started to demand UML govt's resignation. Are these people sane? Why can't they stand on their motion of no-confidence? The UML govt's decision to play by the rules and face the house has put the Panchangress in a quandry. It is too early to say that Panchangress will prevail in that special session.

Even if the UML is voted out there is no guarantee that Panchagress will form the govt. Girija will not head the coalition. Girija is not acceptable to Panchas, even if he wants the position. Sher Deuba is not acceptable to Ram Chandra and others. The rat race for portfolio distribution will be serious. Panchas will not settle for small departments. No one can say what's next in Nepal. Possible scenario, however, could be the following:

        1. No-confidence motion fails; UML will expand its cabinet by
        including some independents;

        2. No-confidence motion will be passed. The horse-trading between
        Panchangress and Sadvavana and independents will be vigorous. They
        may fail to form the govt under article 42 (1).

        3. If Panchangress fails to form govt the UML will have two choices:
        a. form a coaltion govt with anyone wanting to ally with it; or b.
        recommend dissolution of parliament again and call for fresh
        election again. In this scenario the UML will have to conduct
        election as early as possible so that the country can breath fresh
        political air as well as experience a sense of stability.

        4. Even if the Panchagress succeeds in forming the coalition govt
        it will hardly last six months. A thief also needs an honest
        accountant to preserve his stolen property. But if a thief has
        another thief as an accountant what happens? You tell me.

        CTiwari

*************************************************************** Date: Fri, 01 Sep 1995 11:25:10 -0500 (EST) From: IN%"74641.3624@compuserve.com" "C. Tiwari" 1-SEP-1995 08:58:19.54 Subj: RE: Please post hot news and views QUICK

The following is a reproduction of Editorials of The Times of India & Hindustan Times on Nepali Supreme Court's verdict restoring the parliament. The Editorial were published on August 30 (Hindustan Times) and August 31 (Times of India).

TIMES OF INDIA

By ordering restoration of Nepalese parliament which was dissolved by King Birendra on June 13 on the recommendation of the Prime Minister, Mr. Man Mohan Adhikary, the Supreme Court of Nepak has exceeded its delineated authority and encroached on the sphere of the executive and the legislature. The constitutional bench of the court headed by the Chief Justice Mr Bishwonath Upadhyaya has declared the Prime Minister's recommendation as unconstitutional and asked the Speaker to convene a special session of the House. Mr. Adhikary had sought dissolution after a special session had been summoned but before the
...(word ureadable) could meet. The chief justice held that to recommend the dissolution when the house was scheduled to meet was incorrect and a deprivation of the constitutional right of members. The court went so far as to observe that when there was a possibility of an alternative government being formed from within the House there was no necessity to go in for fresh elections which were set for November 23 by King Birendra. From the order and observations of the court it is clear that instead of dealing with justiciable rights it has ventured into the arena of political management. This is a dangerous precedent caused by the court ignoring the separation of powers between the executive, legislature and the judiciary in a parliamentary democracy. By transgressing its threshold to decide questions that are essentially political and best left to the parties to be decided in parliament or in an election, the court has only served to further confuse and confound the volatile situation in Nepal.

Unless the communist government led by Mr. Adhikary opts to file a review petititon and obtain a stay on the court's order, it will be forced to face the House leading to its inevitable defeat. This in turn would pave the way for a coalition government of the opposition parties, led by the Nepali Congress and the pro-palace National Democratic Party. Should such an opportunistic coalition, led by the Nepali Congress, assume office, it will not end the political uncertainities that have dogged Nepal since it took to the path of multiparty democracy in 1991. It was the defeat of the NC prime minister Mr. G.P. Koirala that forced the first mid-term elections to parliament in 1994. The formation of the government by the Communist Party of Nepal implied recognition of the fact that the popular mandate was not for the NC to rule. For the NC to now assume without going through the test of elections that it has popular sanctions to lead a govt is not only perverse but also subversion of the principles of parliamentary democracy. Such a course does not assure adherance to democratic norms or political stability. In fact, it would gravely undermne the sovereignty of the people as well as parliament and lend legitimacy to uncalled for judicial activism to restore political conflict.

THE HINDUSTAN TIMES

The Supreme court of Nepal is certain to be questioned whether it dispenses justice or sees, as an extension of its assignment, the administration of the country. Its verdict nullifying the dissolution of the Pratinidhi Sabha (parliament) and restoring its life is bizzare, to say the least. The constitution of Nepal is supposed to uphold the principles of a Westminister style parliamentary democracy in which the monarch is a figure head. It is apparently in appreciation of this that King Birendra acted on the advice of Prime Minister Adhikary when he dissolved parliament on June 13. What is important to keep in mind is tha fact that Mr. Adhikary, despite of his lack of a clear majority in parliament had been sworn in as Prime Minister after the general elections. The Supreme Court can hardly argue that any of this subsequent actions lack constitutional sanctions. One of an incumbent prime minister's rights is to recommend to the Head of State the dissolution of parliament and order new elections. This right does not disappear when a government loses a vote in parliament because the Westminister form of democracy does not admit of a vacuum in primeministerial authority. Mr. Adhikary acted under this principle and the king acted in a manner that upheld the principle.

This principle has been questioned by Nepal's Supreme Court which apparently has taken upon itself the task of determining whether alternative governments can be formed from within the existing parliament. Under the well understood theory of separation of powers, the areas of authority for the executive, legislature and judiciary have been cleaarly delineated. The accepted models do not permit the judiaciary to encroach upon the areas where the executive and the legislature are separate. The Supreme Court of Nepal seems to have done something like that.

No democratic constitution precludes a coalition government, a plea that the court has used for envisioning a coalition government without Mr. Adhikary's party. But this looks more like an executive fist something that we in India have associated with Governors acting under political compulsion.

The danger of the judiciary giving an imprudent political interpretation of a constitutional provision is an invitation to anarchy somethnig that the judiciary would be the first to decry as the highest upholder of the law. It is to be hoped that the Supreme Court of Nepal would not frown at any revision petition against its verdict. There is enough at stake for a healthy democracy to shun a fresh look at the court verdict.

An evolving democracy should not make much of the funds and labour involved in frequent elections, for, this method alone stabilises a political system and ensures the people's committment to it.

*********************************************************** To: nepal@cs.niu.edu Subject: Nepal Bandh and its aftermath: Date: Fri, 1 Sep 95 16:06:04 EDT From: neup2011@mach1.wlu.ca (Bhanu Neupane u)

11:20 ET.

I was talking to a friend of mine in Kathmandu. Apparently, communists kept their words by not letting even a fly to fly in the valley. Yesterday, even the bicycles were kept off the words. One person was brutally stabbed to death in Baneswor area and over a hundered sustained minor to major injuries.

Ridiculous as it may sound, but the bandh was state sponsored(?). Seemingly, the secretaries and GMS were warned to keep their vehicles off the road. The police were virtually inactive and acted as bystanders in most of the incidence that ocurred during the bandh. In contrast to previous bandhs, even Sajha buses were off the road.

As a sequel to yesterday's bandh, the communists are planning (Gosh!) a three day bandh.

Bhanu

****************************************************************************** To: nepal@cs.niu.edu Subject: Kathmandu Post online From: rshresth@cehpx27.cen.uiuc.edu (shrestha rajendra p )

The online version of Kathmandu Post, an English-language daily based in Kathmandu, is now availaible in the WWW through the joint efforts of Kantipur Publications and Mercantile Communications. You will need a WWW browser to access this online newspaper. The address to point your browser is

http://www.cen.uiuc.edu/~rshresth/ktmpost/news-home.html

********************************************************************* From: ponta@sas.upenn.edu (Pratyoush R. Onta) Subject: H-ASIA: A small opening for internet in India (fwd) To: NEPAL@cs.niu.edu (tnd) Date: Fri, 1 Sep 1995 23:18:57 -0400 (EDT)

Mary Des Chene wrote:
>A significant but limited opening for internet access in India
>x-post INDIA-L
>Quoted from:
>India News Network Digest Thu, 31 Aug 95 Volume 2 : Issue 662
>
>From: "Prof. K.V. Rao" <kvrao@bgnet.bgsu.edu>
>Subject: India's VSNL, MCI, to launch Internet service
>
>#8 India's VSNL, MCI, to launch Internet service
>
> August 1, 1995: The Indian public may get full Internet access at
> reasonable prices when Videsh Sanchar Nigam Limited (VSNL), the
> public sector company with a monopoly over overseas communications,
> launches its Internet Gateway "by August 15th" - Indian Independence
> Day. The Gateway will be connected to the world through satellite or
> terrestrial links to MCI.
>
> VSNL's plans were leaked earlier this year, and were very confused
> when reported in a bulletin from the (then unnamed) Indian
> Techonomist on April 23rd. They seem somewhat clearer now, and have
> already purchased equipment (including Alpha servers from Digital).
>
> Unlike the two other government-run networks, ERNET and NICNET,
> which are not available to the general public, VSNL's service will
> be open to students, 'professionals' (individuals) and corporations.
> They will also be available to e-mail providers (who are burdened by
> $80,000 annual licence fees) and Internet service providers. The latter
> don't exist yet, thanks to Department of Telecommunications (DoT) rules
> that increase charges prohibitively when two networks interconnect.
> VSNL itself will be able to offer its services because it will emphasise
> international connectivity - hence the service's name, the 'Gateway' -
> and will not build infrastructure within the country.
>
> VSNL will be available through dial-up lines in Delhi and Bombay,
> and later other cities such as Bangalore and Pune. It will be
> available through the DoT's I-NET network. This is based on the X.25
> protocol and can be accessed through a local call in major cities,
> and through a special long-distance code at concessional rates from
> elsewhere.
>
> As predicted in the earlier bulletin, VSNL will probably not be able
> to cope with demand. It expects at least 20,000 users nationwide in
> the first year, but has planned for only about 100 dial-in lines.
> It's inter-city network will be based on 64 kbps lines leased from
> the DoT, and it's link to MCI in the US will be between 128 kbps and
> 2 Mbps.
>
> And VSNL is - as their Chief General Manager, Planning, told the
> Techonomist today - still committed to providing 250 hour/year
> accounts to 'students' for US$ 16 (Rupees 500) annually, later this
> year. To begin with, services will range from $160 for 250 hours for
> individuals (shell account only), through corporate SLIP/PPP at
> $600/year, to 128 kbps leased connections to other service providers
> at $100,000/year (excluding last-leg line costs).
>

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