Hunger Strike and Embodied Legal Question

In the context of Nepal, the hunger strike has been staged from time to time, the most recent being the 13th indefinite hunger strike staged by Dr. Govinda KC and the most unfortunate being hunger strike staged by Nanda Prasad Adhikari. Nanda Prasad Adhikari lost his life after an 11-month hunger strike, demanding that the Nepal government arrest the murderers of his son. There are other instances of hunger strike in Nepal, the hunger strike by Ganga Maya Adhikari, spouse of late Nanda Prasad Adhikari and hunger strike staged by various groups time to time to pressurize the government amongst others.

Hunger Strike also known as fast unto death protest has a long standing history as a form of protest that relies on the moral force and the strength of publicity value where by protestor fast as an act of protest to attain desired changes. From the pioneer of civil disobedience Mahatma Gandhi to the Tiananmen students in China, there are various examples from around the world on hunger strike being staged as a form of protest to attain various ends.

Legal Questions

Despite the global practice of hunger strike, there are legal questions which are still unsettled for instance the issues governing  the legality of hunger strike, the issues of forced feeding and medical treatment once the health of the protestors deteriorates, and the obligation of the State under international and domestic laws.

A hunger strike is accepted as a form of protest protected under the right to peaceful protest, which is one of the fundamental human rights. Despite there is no such thing as “right to die” under international law, hunger strike is still not considered as against the law. However, some countries have enacted legislation allowing the force-feeding of detainees and prisoners on hunger strikes. For example, Israel passed a law on force-feeding of detainees on July 30, 2015. Some government also arrest those involved in the hunger strike on several grounds to hinder the staged protest.

In the case of Nepal, the staging of a hunger strike is not prohibited by law. However, much discussion on the issues associated with hunger strike is missing.

Forced Feeding and Medical Treatment during hunger strike

Forced feeding is mostly witnessed in the case of hunger strikes carried out by prisoners or detainees. Generally an act of force feeding someone on hunger strike may amount to an act of torture or cruel, degrading and inhuman treatment and a violation of international legal instruments.

In the case of Nevmerzhitsky v. Ukraine, the European Court of Human Rights (ECHR) has decided that force-feeding constituted an act of torture. Similarly, World Medical Association Declaration of Malta on Hunger Strikers states that those on hunger strike should not be forcibly given treatment they refused and should not be forced feed. However, artificial feeding with the hunger striker’s explicit or implied consent is ethically acceptable.

In contrary, ECHR has stated that if forced feeding is carried out as a medical necessity upon complying with the procedural guarantees for the decision to force-feed and the feeding is not conducted in a manner that is degrading or inhuman forced feeding would not be regarded as inhuman and degrading. Thus, not all forced-feeding of hunger strikers would amount to unlawful act under international law.

Government Obligation

A right to life is one of the fundamental human rights and States are under obligation to protect the rights. The question of the right to life of those staging hunger strike raises a thorny question. How would government protect the right to life of those prepared to die?

Those who stage hunger strike primary aim at particular reform or fulfillment of particular demands. They value their cause over their life and are willing to die for it. Only people with deep commitment and moral fiber can undertake such extreme steps to ensure broader change or reform. In global practice, the hunger strike is mostly used by those in prison as they do not have the prospect for another form of protest.

When someone stages a hunger strike, the government has limited options government must decide whether to comply with the protester's demands and come to an understanding, to force-feed him if necessary or allow him/her to die. Globally, there have been several cases where the protestors have died while staging a hunger strike. This tragic possibility should haunt Nepal Government due to the recent case of Nanda Prasad Adhikari. The government's good faith and commitment towards the legitimate demands of the protestor could save a life which is its legal obligation as well. Further, the demands can also be a catalyst for policy change.

The Government should understand the gravity of hunger strike when staged and must adhere to its obligation under domestic and international law to protect the life of the person. However, while protecting the right to life government cannot undermine the consent of the protestor and need to respect other rights including the right to peaceful protest and must not be subjected to inhuman and degrading treatment. The government must deal with the situation appropriately as hunger strike invokes not only the moral issue and public opinion but also substantive legal concerns.

Moral Battle in Immoral Times

I have huge respect for those who show courage to fight against what they believe is wrong putting their own life at risk. I am not sure how this moral battles will show color in the immoral times. I am skeptic about the government and worried for Dr. KC's well being. I personally request him not to put his life at risk with the expectation from the government to do the right thing.  You should find other ways to carry on the fight; they will not listen; they don't have same moral fiber that you have.

Dr. Govinda KC for whom others wellbeing is always a priority over own. 

 Nanda Prasad Adhikari who lost his life in his fight for justice. 

संविधानको दुई वर्ष, दुई अन्तर्वार्ता र केहि खुलासा

केहि दिन अघिमात्र एक अपासमा शुभकामना आदानप्रदान गर्दै हामीले संविधान दिवस मनायौँ । संविधान दिवसको अवसरमा सार्वजनिक बिदा समेत गरिएको थियो । हुन पनि जनता द्वारा चुनिएका प्रतिनिधिहरुले बनाएको हाम्रो संविधानले दुई वर्ष पुरा गर्दा हामी खुसी हुनु स्वभाविक नै हो । जनताको रुपमा हामीले जे जति बुझ्छौ सोहि आधारमा हामीले आफ्नो प्रतिक्रिया व्यक्त गर्ने हो । साधारण नेपाली जनताले बुझेको कुरा के हो भन्दा नेपालको संविधान २०७२ नेपाली जनताले चुनेका प्रतिनिधिले नेपाल र नेपालको भलाईको लागि तयार गरेको दस्तावेज हो र नेपाल र नेपालीको भविष्य सो संग जोडिएको छ, तर हालै प्रसारण गरिएका केहि अन्तर्वार्ता हेरे पछि मलाई यस्तो लाग्दै छ कि कतै साधारण नेपाली जनताको बुझाई गलत त होइन ?

कुनै पनि प्रणाली (System) आफैमा गलत हुदैन र विभिन्न मुलुकमा आफु अनुरुपको प्रणाली अनुशरण गर्नु बुद्धिमत्तापूर्ण हुन्छ । एक मुलुकमा सफल भएको शासन प्रणाली र पद्धति अर्को मुलुकमा पनि सफल हुन्छ भन्ने कुनै ग्यारेन्टी हुदैन । यहि र यस्तै विभिन्न कारणले गर्दा नेपालको लागि नेपाली परिवेशको संविधान लेखनको लागि हामी संविधानसभाको भर परेको भन्ने हाम्रो बुझाई हो । हालको संविधानमा भएका व्यवस्थाहरुलाई सम्मान गरिरहँदा  नेपालको लागि कतै संघियता “King Midas's Golden Touch” हुने हो कि भन्ने भय व्यक्तिगत रुपमा मलाई थियो र छ । तर जनप्रतिनिधि द्वारा लिखित र बहुमतले पारित संविधानको अक्षरस सम्मान र पालान गर्नुको विकल्प हुदैन भन्ने मान्यतामा म अडिक छु । तर आज प्रसंगमा लिएका दुई अन्तर्वार्ता हेरी सके पछि मेरो मनमा निकै प्रश्नहरु खेल्न थालेका छन् ।

मैले कुरा गर्न खोजेको दुई अन्तर्वार्ताहरु क्रमसः

“STV Chat”मा डा. भीमार्जुन आचार्यको अन्तर्वार्ता

“तमसोमा ज्योतिर्गमय”मा मोहन बन्जाडेको अन्तर्वार्ता 

https://www.youtube.com/watch?v=qIrHvk3fSqw

माथिका दुई अन्तर्वार्ता वक्ताका हिसाबले आधिकारिक र व्यक्त गरिएका कुराले निकै संवेदनशील रहेको मेरो बुझाई हो ।

दुवै अन्तर्वार्ता हेरे पछि मेरो मनमा उठेको पहिलो प्रश्न हाम्रो संविधानसभाले कसको लागि र कसरी संविधान तयार गर्यो र यो संविधानको साध्य के हो? दुवै वक्ताको कुरा सुन्दा संविधानको आधारभुत साध्यमा प्रश्न उठ्नु स्वाभाविक हो । नेपालको संविधान निर्माणको क्रममा व्यापक विदेशी हस्तछेप भएको हो वा होइन? हो भने के संविधानसभाको यसमा के भूमिका रह्यो? कतै अन्तर्वार्तामा व्यक्त गरिए जस्तै हामी र हाम्रो राजनीति परिचालित त छैन? यदि छ भने यस्तो हस्तक्षेपको अन्त्य कसरी गर्न सकिन्छ? हाम्रो देश, हाम्रो राजनीति र शासन प्रणाली कुन बाटोमा उन्मुख हुदै छ? कतै हामी क्षणिक न्यानोपनको लागि आफ्नै घरमा आगो त लगाई रहेका छैनौं?

यी अन्तर्वार्ताहरु हेरे पछि यस्ता अनेकौ प्रश्नको उठ्नेछन । यी दुई अन्तर्वार्तामा व्यक्त गरिएको विचारहरु हामीले आफ्नो स्वविवेक प्रयोग गरि मनन गर्नु आवश्यक छ । सायद अन्तर्वार्ताका कुरा शत प्रतिशत वक्ताले बुझे जस्तो पनि नहोला तर व्यक्त गरिएका विचारहरु सबैले एक पटक सुन्नै पर्ने जस्तो लागेकोले यति भूमिका बाँधेर आफ्नो ब्लग बाट सेयर गर्दै छु ।

कतै हामी परिचालित त भएका छैनौं? हाम्रो मुलुक कता जादै छ?भविष्यमा नेपाली नागरिकको नियति के हुने छ? हामीले आफैलाई प्रश्न गर्न पर्ने देखिन्छ ।  

Nepal Idol: A New Benchmark in Show Business

Nepal Idol has been a benchmark setting singing reality show till the date, and it has been "talk of the town" in recent weeks. Although I am not a regular viewer of the show, I was watching the show yesterday with a fair bit of excitement as top 3 contestants were to be selected in the episode. Towards the end of the show, it was decided at the VETO of the ‘show judges’ that the elimination of one contestant would be postponed for next week. The decision came as a fair bit of surprise to regular viewer and voters who voted for their favorite contestants. The outcry on Facebook and Twitter were quite something.

Here are some of my thoughts after watching the show and reaction to yesterday’s episode of Nepal Idol.

i) Well Played: Production Team

I am very impressed with how the entire plot was played in yesterday’s episode. The production house of the Nepal Idol is a clear winner of this move. Why? They created an extra episode of the most popular television show when it is at its peak. Nepal Idol has a dedicated viewership and voters thus chipping in an additional episode is pure genius.

Extra Episode = Extra money [Pure and Simple]

I think it also is a win-win for viewers with minor disappointment for the unexpected twist. They still have their favorite contestant in the show, and the votes they casted will be carried over to next week. So viewers don't have much to complain if they are looking for pure entertainment.

Extra Episode = Extra Entertainment

ii) Reality Show as Showbiz

Nepal Idol is a reality show aimed at entertainment and like all other shows this show also wants to make money. The general idea of reality shows, taking entertainment business or show business to next level and making money while doing so. It works exactly same way everywhere. It's a product to be sold and made profit off.

Nepal idol is not a ‘not for profit’ venture which aims at finding the best singer in Nepal. Nepal Idol is a show which aims at entertainment and profit while identifying the best singer on television stage. The viewers might feel betrayed as their expectation from the most recent episode was not met. But, Don't feel bad. Nothing personal, just business.

iii) Enjoy the show

There have been some controversies in the show. I see some viewers are not happy about the elimination row. It is all obvious as we tend to get carried away when we invest our time and plant our expectation. But the bottom line we need to remember is "Nepal idol is a show." It is a bit different than other entertainment show, but it still is a show. Let's not distort the entertainment of the show with other noises.

iv) Nepal Idol and Winners

To be honest, I don't think there are losers in Nepal Idol. It has been an incredible journey for so many associated with the show. The production, the entertainment aspect, the rise in viewership of TV, the increase of viewership of live TV in YouTube and all aspect of Nepal Idol reflects advancement and win for all those associated.

v) Only thing missing

I hope the benchmark set by the show and the minds behind the entire show will keep on raising the stakes through other shows in Nepali television show. We needed something like this for far too long, our entertainment doses have been dominated by foreign shows and content. However, Nepal Idol reflects the hope for better days in television show business.

The only thing that is remaining for Nepal Idol this season is proper closure and I hope they will excel at it too. With the build up for the finale, the excitement is on its rise. Let's hope Nepal Idol will give the audience the show they deserve.

Best of luck for coming episodes and appreciation for the aired episode.

Dhritarashtra: Winner of Madan Puraskar 2073

Remember Dhritarashtra (धृतराष्ट्र)? What is the first thing that comes to your mind when you remember Dhritarashtra, a pertinent figure in the epic Mahabharat? I bet he isn't one of the characters you respect or adore. You probably despise him for his role in Mahabharat but what if I told you there is an alternate perspective to it? Have you ever been in Dhritarashtra's shoes and tried to understand things from his perspective? You don't have to go through the trouble, Poet Ghanshyam Kandel in his masterpiece धृतराष्ट्र has done that favor for you. 

I came to know about Ghanshyam Kandel's Khandakavya Dhritarashtra after it was awarded Madan Puraskar 2073, one of the most prestigious literary awards in Nepal. I was fascinated by the title and wanted to read it, read it I did. Here are my undiluted thoughts after reading the book as my persuasion on why everyone should read this book. I haven't even read the foreword by Prof. Dr. Madhav Prasad Pokharel and views of Dr. Ram Prasad Gyawali while writing this. I just wanted to put on my first impression after reading this "book of the year." 

1. Unique Storytelling: Telling a story in itself is tough, imagine telling a story in poetic form. Let that be an epic loved by many and pick one of the most despised characters as your narrator. Now, dismantle how people know the entire story in less than 60 pages. If pulling this off isn't a literary miracle, I don't know what is. How and what I know Dhritarashtra has changed after reading this book without my prior projection of him offering any resistance. 

2. Understanding Disability: This book does have a social message on disability. The discrimination in Mahabharat against Dhritarashtra based on disability is the epicenter of everything that followed. This alternate narrative is fascinating and justifiable. I am very touched by the following two lines which will help us understand disability better than any two two lines put together as an effort. 

3. Redefining your Mahabharat heroes and villains: Let Ghanshyam Kandel redefine your hero 'Krishna and Co.' and villains through his narrative. Several other books have offered an alternative narrative to the epic Mahabharat, but nothing is brutal than poem destroying our perceptions. 

4. Horrors of War: Wars offers nothing of value to humans but why is war inevitable? Poet closes with philosophical question and discussion on why we resort to wars after all its terrors and horrors we know it invites. Ghanshyam Kandel's pick Dhritarashtra is an ideal narrator to reflect the horrors of war. 

5. A gem: I remember an essay by Laxmi Prasad Devkota के नेपाल सानो छ? while reading Dhritarashtra. It is a not a long read but is powerful, thought provoking and has an embedded social message. This book is an art, modern art maybe...why? You'll know once you read it. 

Disclaimer: This is not a book review but is my reflection upon reading it. The post does not intend copy right infringement with the photos of the part of the pages from the book.