Social Studies Book 10_2077 Edition

UNIT SOCIAL 4 PROBLEMS AND SOLUTIONS Learning achievements Identify the traditions, customs and usages prevailing as social problems and evils in the society and get involved in the reforms, Explain the roles played by national and international organizations in solving the social problems and evils, and Solve the problems by applying critical thinking ability. Subject matters Human Trafficking: A Social Problem Domestic Violence and Untouchability Some Bad Customs Roles Played by the International Organizations Identification of Social Problems and Problem Solving Skills Social Problems and Solutions 101

1LESSON Human Trafficking: A Social Problem Introduction We live in the society in an organized way. Various activities are performed in the society on the basis of established norms, values, traditions, beliefs and modernization. In course of development, the society faces many hindrances and difficulties like superstition, malpractices, etc. Such hindrances and difficulties are called social problems. Due to suffering from social problems, some people involve in some anti-social activities as well. The anti-social activities are called social evils. Social problems and evils cause negative impact not only on the society but also on whole human civilization and act as obstacle in development. The social problems differ according to the time and place. Women Violence Dowry Ghumto Child Marriage Chhaupadi Conservative Tradition Deuki Superstition Social Jhuma Racial Discrimination Problems Human Trafficking Corruption Untouchability Child Labour Gender Bullying Discrimination Human Trafficking Human trafficking is the trade of humans, most commonly for the purpose of sexual slavery, forced labour, or commercial sexual exploitation for the trafficker or others. It is a serious crime and a grave violation of human rights. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Almost every country in the world is affected by trafficking, whether as a country of origin, transit or destination for victims. According to Human Trafficking and Transportation (Control) Act-2064, the acts considered as human trafficking, punishment to the offender and compensation to the victim are as given in the table below: 102 SOCIAL STUDIES - GRADE 10

Acts considered as Human Punishment to the offender Compensation Trafficking 20 years imprisonment and a fine of Rs. Compensation To sell or purchase a person for any purpose, 2,00,000 for selling or buying a human being, to the victim shall not be To use someone into 10 to 15 years imprisonment and a fine less than half prostitution, with or of Rs. 50,000 to 1,00,000 for forcing into of the fine without any benefit, prostitution, with or without financial benefit, levied as punishment to To extract human 10 years imprisonment and a fine of Rs. the offender organ except otherwise 2,00,000 to 5,00,000 for extracting human determined by law, organ except otherwise determined by law, To go for in 1 to 3 months imprisonment and a fine of prostitution. Rs. 2,000 to 5,000 for a person engaged in prostitution. The traffickers use various means for human trafficking such as threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits. Innocent, poor, women, children, illiterate, living in rural areas, suffering from domestic and social violence, etc become the victim of human trafficking. They are trafficked for the purpose of forced labour, child labour, adoption or sexual and labour exploitation. In the past, only women used to be sold for sexual and labour exploitation but the children are also being trafficked nowadays. Women and children are being used as domestic workers with low wage, workers in circus, sexual activities and for begging jobs. Among various forms of human trafficking, some of them are discussed below: a. Girl Trafficking Girl trafficking is literally defined as the buying and selling of young girls for sex and labour exploitation. The smugglers allure innocent girls in different ways such as providing a good job, delicious food, nice clothes, traveling to beautiful cities or sending them for foreign employment, etc. Because of lack of awareness, being parentless, suffering from domestic violence and extreme poverty, the girls and women are easily trapped in trafficking. In the past, girl trafficking was limited only to India but it has extended its network even to gulf countries, Korea, China and South-East Asian countries. Similarly, women are being sold by the brokers in Africa, Europe and America in the name of foreign employment. Various government and non-government organizations are fighting against this evil practice in our country. Due to the active efforts of Maiti Nepal, Didi Bahini, Shakti Samuha, Nepal Police, Ministry of Women Children and Social Welfare, National Women Commission, and intelligence agencies, the rate of girl trafficking to India has reduced but the trafficking to the third countries in the name of foreign employment has increased. Girl trafficking is not only an illegal act but a vile crime. So, it must be controlled. Girl trafficking can be controlled by the following ways: Social Problems and Solutions 103

M Girls and women should be conscious to be safe from it. M Parents/guardians should take care of their daughters. M Security body should be alert. M Offenders should be given very strict punishment. M Community, government and non-government organization should work jointly against it with good coordination and cooperation. M Access to education and public awareness should be increased. b. Child Trafficking Buying and selling of children for different purposes is called child trafficking. It is done with or without consent of family. Due to poverty, family tension, carelessness of guardians, etc the children are distracted and lost especially from Terai region and urban areas. When, the children fall into the trap of smugglers, they are taken far away from their family and sold. Then, they are made to work in risky jobs, home, circus and in any other disgusting work. The smugglers also use them for extracting organs and begging jobs. This is a criminal act. It should be controlled. It can be controlled by the following measures: M Community, guardian, family members and children themselves should be alert. M Access to education and awareness should be increased. M There should be regular surveillance in hotels and industries. M Government and non-government organizations should work actively against it. M The suffering children should be rescued and rehabilitated. c. Human Organ Trafficking This is the trade of human organs for the purpose of dfgj / dfgjsf] cd\"No cu+ transplantation. Nowadays, several parts of human body can be transplanted if they do not work or a]Rg] / a]rfpg] dxfck/fwL xg' ,\\ are damaged. In such case, the family members or ltgnfO{ ;fdflhs jlxisf/ u/f}F . other persons are made donor and their organs are transplanted in the patient’s body. If there is no family member or they are not ready to give their organs, such organs are bought from others. This kind of work is done through brokers. About 42% of the total transplanted human organs are trafficked illegally. Due to the modern living style and environmental pollution, the problem of kidney failure is rapidly increasing all over the world. There is a global need or demand for healthy body parts for transplantation. Organs which are commonly traded are liver, lung, cornea and kidney. The human organ traffickers easily trap the poor and illiterate people. It is our duty to protect the people suffering from this problem and reduce the trade of human organs. The human organ trafficking can be controlled by the following measures: M Increasing health consciousness, M Making poverty alleviation program effective, M Being aware of the bad intention of extracting organ in the name of treatment, M Appointing or arranging a care taker for patient, and M Watching over those who are the victims and those who are the culprits. 104 SOCIAL STUDIES - GRADE 10

Activities 1. There may be a social problem in your society. What problem is that? What effects are created by that? Discuss with your guardians and find conclusion. Then, present in the class. 2. “Problem makes a man matured.” Do you agree with this statement? What lessons can be learnt from such persons? Discuss. 3. Nowadays, human traffickers are active in human transportation for human organ trafficking. Are they active in your area too? Make a field visit and prepare a report. 4. Visit security body located nearby and discuss the legal provisions made to control human trafficking. Prepare a report on it and present in the class. Exercise Very short answer questions: 1. What do you understand by social problem? 2. Why human trafficking is considered as a social problem? 3. Why is human organ trafficking increasing nowadays? 4. What legal provision has been made for the compensation to the victim of the human trafficking? 5. Mention any two organizations working to solve the problem of girl trafficking. 6. Prepare a slogan to create awareness against human trafficking. 7. Mention a role that should be played by the local government to control human trafficking. Short answer questions: 1. “Human trafficking is a serious social problem.” Explain. 2. Why is human trafficking increasing in our society? Analyze. 3. What are the causes of girl trafficking? Mention. 4. How can human organ trafficking be controlled? Write the measures in points. 5. Nepali society faces human trafficking in various forms and for various purposes. What are the effects of human trafficking? 6. Mention the legal provision for punishing the offender of human trafficking and transportation. 7. What role can the students play to end human organ trafficking? 8. How do you convince a person who is about to sell his kidney due to poverty? Write in four points. Community Work Meet a senior citizen of your community and discuss about the social problems of the past and present. Find the difference between them in term of trend, type and reasons of their difference. Social Problems and Solutions 105

2LESSON Domestic Violence and Untouchability Introduction It is said that change is the law of nature. The world is changing. The present society is also leading towards modernity from traditionalism. However, some traditional views and practices are still prevalent in our society. Such traditional views and practices adversely affect the individual, family, society and the nation. In order to build an ideal society, it is necessary to bring reforms in such thought and practices. There are lots of such narrow-mindedness, evil practices and traditional beliefs in our society such as bullying, discrimination, domestic violence, untouchability, etc. Some of such thoughts and practices are discussed below: a. Domestic Violence Violent behaviour like battering, mistreatment, threatening, coercion, etc to the family members within the home is known as domestic violence. The purpose of domestic violence is to establish and exert power and control over other. Men most often use it against their spouses. This kind of violence is common not only in rural areas but also in urban areas. Domestic violence starts from issues like character, manner of speaking, respect, rights, approach, etc. Common causes of domestic violence are dowry, illiteracy, poverty, addiction, illegal relationship, lending and borrowing of property, etc. Effects of Domestic Violence “Domestic Violence” means any form of physical, mental, sexual M The sufferer may suffer from and economic harm perpetrated by person to a person with whom he/she has a family relationship and this word also includes any depression, fear, tension and acts of reprimand or emotional harm. distraction. Domestic Violence (Crime and Punishment) Act, 2066 (2009) M It causes family misunderstanding and breakup in relationship. M The sufferer may involve in drug abuse and commit suicide also. M It decreases the excitement, eagerness and enthusiasm in the victim. M It creates social clash and cause loss of prestige, respect and value in the society. M It promotes divorce due to hatred relationship. M It creates negative impacts on senior citizens and children in the family. Measures to Control Domestic Violence M Be civilized and remain in discipline, M Behave equally, 106 SOCIAL STUDIES - GRADE 10

M Establish equal ownership on property, M In case of violence, inform the police or concerned authority, M Increase public awareness against it, M Maintain unity against domestic violence, M Respect the opinion of every member in the family, and M Work as per the group decision. b. Untouchability It is a practice in which people are discriminated on the basis of their caste, religion, occupation, region, sex, physical system or physical disability and kept at a distance as untouchable. In this practice, the people in the society are divided into two groups as touchable and untouchable. Untouchables are not allowed to touch the touchables, enter into the home of touchable, use public property, etc. It is considered that the touch of the untouchable makes the things or touchable impure. Untouchabilty is still widespread in the rural areas of Nepal. 5j' f5t' sf] cGTo u/f},F In some of the places, Dalits are prohibited from entering into dfgjtfsf] /Iff u/fF} . the temple, using public water taps, etc. There is a tradition of sprinkling holy water on a person touched by untouchable for purification. Such practices are completely based on traditional beliefs and also the challenging social problems. So, by spreading education and awareness, it should be uprooted from the society. Effects of Untouchability Any act of untouchability and discrimination shall be punishable by law as a severe social M It increases social conflict. offence, and the victim of such act shall M It causes social discrimination and division. have the right to obtain compensation in M It lessens the social goodwill and cooperation. accordance with law. M It causes loss of social value and prestige. Constitution of Nepal M It causes discrimination in opportunity and facility. M The sufferer may feel self-humiliation and inferior. Measures to Solve Untouchability M Spread education and awareness, M Formulate and implement effective laws against it, M Make provision of positive discrimination, M Run the programs to increase collaboration, cooperation and goodwill, and M Maintain social inclusion. Social Problems and Solutions 107

Activities 1. There may be some incidents of domestic violence taking place in your area. What can be the measures to solve such problems? Discuss in the class. 2. Even in this 21st century, untouchability has not been removed from Nepali society. How can we remove it? Write your suggestions in points. Exercise Very short answer questions: 1. What do you mean by domestic violence? 2. What is your opinion regarding untouchability? Write in a sentence. 3. Prepare a slogan to create awareness against gender violence. Short answer questions: 1. Write any four causes of domestic violence. 2. Mention the effects of domestic violence and measures to control it. 3. Prepare a dialogue based on the statement “Untouchability is a fault of the society”. 4. Despite the provision of strict laws, untouchability is still existing in Nepal. What should be done to abolish it from the society? Present your views. 5. What does the following picture indicate? Mention the effects caused by such activities in society. Community Work Meet some senior personalities and ask how the social problems like domestic violence and untouchability can be solved. Discuss in groups and present the conclusion in the class. 108 SOCIAL STUDIES - GRADE 10

3LESSON Some Bad Customs Introduction Custom is a traditional and widely accepted way of behaving or doing something. It is specific to a particular society, place, or time. There are many customs prevailing in our Nepalese society. Perhaps, they were considered appropriate when originated in the society but they are not relevant at present. Instead, such customs are causing various problems in the development. Daijo Pratha, Chhaupadi Pratha, Deuki Pratha, Jhuma Pratha, Ghumto Pratha, etc are the common customs in Nepalese society. Let’s study about some bad customs of our society. a. Ghumto Pratha Ghumto Pratha is a custom of covering the face by the married women with a Ghumto (commonly shawl or Saree) when they are in front of men or any respectable persons. The face of a married woman is covered so that men cannot see her face. In this situation, the married woman is not allowed to defecate in bright till she bears the first baby. This custom prevails in eastern and middle Terai region of Nepal. Such superstitious traditional customs are obstructing in the development of women’s personality. Because of this Ghumto Pratha, almost all the women are deprived of moving ahead, getting education and opportunity. This kind of customs can be reformed through education, social awareness, social and political pressure, etc. b. Deuki Pratha Deuki Pratha is a custom practiced in the hilly area of far western Nepal in which a young girl is offered to the local Hindu temple. The parents offer their own daughter to the temple to gain religious merit. It is generally practiced if someone is suffering from dreadful disease or do not have a son or to fulfill the wishes. Rich people buy girls from poor parents and offer them in the temple. The girl offered to the temple is called Deuki. The Deuki is considered unfit for marriage. She has to depend on worshipers’ offerings to the temple. On one hand, a Deuki has to suffer from various problems like lack of education, no skill and insufficient income and on the other hand, there is a traditional belief that sex with a Deuki can cleanse sins and bring good luck. So, many Deukies are driven to survival sex in which sex is traded for fulfilling basic needs. This system is slowly decreasing nowadays. Social Problems and Solutions 109

c. Jhuma Pratha There is a tradition of offering the second daughter to the monastery (Gumba) practiced in the Sherpa community living in mountain region of Nepal. This custom is called Jhuma Pratha. The girl offered in such manner is called Jhuma. Jhuma has to spend her whole life taking care of Gumba. She cannot marry and enjoy her rights as others. So this custom is against human rights. As such customs are the fault of the society they should be discouraged through increase in education and awareness, provision of strict law and increase in opportunity. d. Chhaupadi Pratha This is a custom prevailing in the rural areas of Karnali and Sudurpashchim Provinces of Nepal in which women have to live in a Chhau Goth (hut) located apart from their home during their menstrual period. It is very difficult to live in Chhau Goth. It is not safe also. Menstruation, a natural process is misinterpreted as untouchable condition and women are compelled to live in an unsecured hut and in risky condition. This is completely superstitious practice. Due to this custom, many women are suffering from physical pain, snake bite, attack of wild animals and ill-treatment of criminals. This custom should be discouraged by increasing awareness, maintaining gender equality and women empowerment. e. Daijo Pratha (Dowry Custom) The property given to bridegroom or his family from the bride’s family in the marriage ceremony is called Dowry. This tradition is in practice from the past. Nowadays, it is taken as an issue of prestige and competition. The bridegroom’s side bargains that they would not accept the bride in marriage if they do not get enough dowries. It is mostly prevalent in the Terai and urban areas. The poor family that cannot afford dowry is insulted. Even after marriage, groom’s side keep on torturing daughter-in-laws. So, it is a serious social problem. It has disturbed the social balance and goodwill. As a result of dowry custom, women violence, family breakup, suicide and feticide of female embryo are increasing in the society. It has created conflict in the family. Thus, every conscious citizen should go against it. The campaign against dowry custom can be made possible through education, awareness, legal provision and massive programs. 110 SOCIAL STUDIES - GRADE 10

Activities 1. Make a list of the bad customs prevalent in your society. Among them, which one is affecting the society most? What can be the solution to that problem? Discuss with friends to find out solutions and present in the class. 2. Sometimes, the incidents of men violence are also heard. Why do such incidents happen? How can these kinds of problems be solved? Discuss in class and present in the class. Exercise Very short answer questions: 1. Give any four examples of bad customs of Nepal. 2. What is Ghumto Pratha? 3. Who is Deuki? 4. What is Chhaupadi Pratha? Where does it prevail? 5. Write your view on Jhuma Pratha. Short answer questions: 1. How would you react while it is discussed regarding taking and giving dowry in your family member's marriage in future? Write in four points. 2. “Chhaupadi is the result of superstition.” Clarify this statement with example. 3. Write an essay on “Ghumto Pratha hampers the development of women’s personality”. 4. Chhaupadi custom has affected not only the illiterate but also literate and skillful women in Karnali and Sudurpashchim Province of Nepal. Why is it prevalent even in this 21st century? How can it be solved? Prepare a dialogue between two friends on it. 5. The social problems prevalent in Nepalese society mostly affect the women than men. Why? Suggest the measures to solve such problems. 6. Dowry custom is a serious social problem. What would be your role to solve this problem? Write in four points. 7. As a responsible student, how can you help to minimise the bad customs? Write in four points. Community Work Consult some men and women of your community who are between 16 to 45 years of age about the prevailing customs based on superstition. Prepare a report including their opinions. Social Problems and Solutions 111

4LESSON Roles Played by the International Organizations Various international organizations have been providing help to Nepal in solving social problems prevalent in Nepalese society. The help of these organizations is very important in solving the problems like poverty, illiteracy, evil practices and superstition. Some of such organizations and their help are presented below: 1. Red Cross Jean Henry Dunant It is an international humanitarian organization founded in initiation of Swiss citizen Jean Henry Dunant in 1863 AD. This organization is active all over the world. Its flag has a red cross on white background. The flag is made in honor of Switzerland. The Swiss flag has a white cross on red background. It is known all over the world as Red Cross while it is known as Red Crescent in Islamic countries and as Red Crystal in Israel. The headquarters of Red Cross is in Geneva. Nepal Red Cross Society was established in 2020 BS Principles of Red Cross (1963 AD). Since then, it is active in providing services • Humanity to the needy people. • Impartiality • Neutrality • Independence Activities of Red Cross • Voluntary Service M Provide food, clothes, pure drinking water, basic • Unity health service, blood transfusion service, utensils, • Universality emergency shelter, etc during the time of natural disaster or calamity, M Rescue the war victims, provide treatment, mediate between the parties having war and monitor the ceasefire during the time of war, M Provide training on First-Aid and educate people in accident prevention, and M Arrange for ambulance service in all emergencies, etc. 2. Scout Scout is an international volunteer organization. It was founded Robert Baden Powell by British citizen Baden Powell in 1907 AD. Baden Powell was a British Army Officer. When he saw British children being jobless, he wanted to establish this organization to prevent them from involving in bad activities and make them involve in creative activities. He wanted to involve them in social service. Baden Powell organized a camp in London for 20 boys and founded the scout. The scouts promise to abide by the scout law and serve their duty towards the nation and god. The scouts learn various skills. 112 SOCIAL STUDIES - GRADE 10

They play games, explore new places, perform critical tasks and involve in community service. The motto of Scout is “Be Prepared”. Nepal Scout was established in 2009 BS (1953AD). Its headquarters is in Lainchaur, Kathmandu. Nepal scout provides young people with opportunities to participate in programs, events, activities and projects that contribute to their growth as active citizens. Through these initiatives, young people become agents of positive change. Activities of Scout Emblem of Nepal Scout M Rescue people during the time of natural disaster or calamity, M Get involved actively in controlling crowd, M Develop art, skill, ability and discipline among the youths, and M Participate in various community works like planting trees, drinking water supply, health and education service, etc. 3. SOS (Save Our Soul) It is an international social organization. It was established by Dr. Hermann Gmeiner, a professor of Austria in 1949 AD to look after the children who became orphans in Europe after World War II. SOS provides support and protection to those who have lost their parents and are helpless. This organization has been providing homely environment to them. It has established Children Villages in more than 133 Dr. Hermann Gmeiner countries in the world. In Nepal, it has established Children Villages in Sanothimi Bhaktapur, Itahari, Chitwan, Pokhara, Banepa, Nepalgunj, Surkhet, etc with standard facilities. There are schools for the children. Activities of SOS Logo of SOS M Provide support and protection to orphans and helpless children, M Provide them homely environment with a common mother, M Provide education and help them to have bright future, and M Provide all types of facilities so that they never feel that they are orphans. Some Other International Organizations and Their Contributions International Contributions Organizations It rehabilitates the drug addicts. International Nepal It runs the various awareness programs. Fellowship It has established hospitals in Pokhara and Surkhet for curative health service. Social Problems and Solutions 113

Plan Nepal It is active in Nepal with the objective to help poor children in order to make their life bright. International Labour Organization It has been helping Nepal to construct school buildings, distribute books and educational materials, and promote Rotary International health and talent. Norwegian Agency It helps in promoting education, awareness and rights of for International children. Development It is active to develop access to opportunity by NORAD developing contact and collaboration among children. DIREKTORATET FOR It is actively involved in abolishing all kinds of child UTVIKLINGSSAMARBEID labour in Nepal. NORWEGIAN AGENCY FOR DEVELOPMENT COOPERATION It has been assisting Nepal in the formulation and implementation of labour law and labour policy. International Union for Conservation of Nature It is involved in providing services to poor and disabled. It collaborates with different sectors and organizations Danish International Development for social development. Agency It runs the programs like health camps, pure drinking water and construction of school building, establishment and operation of library, training for skill and leadership development. This organization has been working in Nepal since 2028 BS to provide free legal service to Nepalese women. It has been helping financially and technically in the protection and promotion of biodiversity in Nepal. It is active in controlling the illegal activities and pressure created on environment due to poverty and illiteracy. This organization has been providing financial and technical help as well as training programs for the physically disabled. Besides the above mentioned organizations, there are many other international organizations active in Nepal for the physical, economic, educational and social development and environment conservation. Asian Development Bank, World Bank, European Union, World Food Program, United Nations Development Program, Finnish International Development Agency, Jaycees, Leo and Lions Club, etc are helping in various ways for the development of Nepal. 114 SOCIAL STUDIES - GRADE 10

Activities 1. There may be some international organizations working in your community in order to solve social problems. Find their objectives and works. Then, present in the class. 2. Make five sentences about Scout using the words: peace, universality, pleasant, cooperation, 4 to 25 years, promise, critical task, high level, people and the country. 3. Prepare a list of the supports acquired by Nepal from the activities of SOS and present on a chart. 4. What social problems are prevalent in your community? What activities are being run by the members of your community? Write a paragraph on it. 5. Prepare a description about one of the international organizations helping Nepal in order to eliminate social problems. Exercise Very short answer questions: 1. Why was the Red Cross established? 2. Write the full form of SOS. 3. Mention any two works of International Nepal Fellowship carrying out in Nepal. 4. What sorts of activities would you involve, if you could undertake the leadership of Red Cross Society ? State any two activities. Short answer questions: 1. “Scout is a group of noble youths.” Justify it with logics. 2. Mention the contribution of SOS. 3. Write your opinion about the help provided for children of Nepal by Plan Nepal. 4. What helps are being provided by Norwegian Agency for International Development to Nepal? Write. 5. Make a list of the contributions provided by International Labour Organization in Nepal. 6. For what environmental problems, it is better to take help from IUCN. Give suggestions. 7. Mention your opinion about the contribution made by Plan Nepal to promote the rights of the children in Nepal. Community Work 1. Meet some people working in Red Cross or Scout and ask about the activities of their organization, challenges faced by them, their source of inspiration, etc. Prepare an editorial on your finding. 2. Prepare a description on the contributions of any four international organizations in Nepal to solve social problems under the following titles: Name of the organization and date of establishment: Country in which it was established: Aim and objectives of the organization: Action area of the organization: Major activities of the organization: Social Problems and Solutions 115

5LESSON Identification of Social Problems and Problem Solving Skills It is necessary to identify the problem before we start its remedy. If an appropriate technique is applied, it will be easier to solve the problem. Let’s study an example of the technique to identify the social problems and skills required to solve the problem. Problem Hari and Bhakta are close friends. Hari has a habit of drinking alcohol and he forces Bhakta to do the same but Bhakta does not like it. a. What is the problem in the above mentioned incident? b. Prepare possible alternative solutions to the problems presented in the above incident. c. Make a list of the advantage and disadvantage of each alternative. d. Which alternative do you think is most appropriate and why? e. How should the appropriate alternative be implemented? Conclusion a. The problem related to the incident is ‘Alcoholism’. b. The possible alternative solutions to the above problem are Reject, Accept, and Delay. c. Advantage and disadvantage of the alternatives Alternatives Advantage Disadvantage Reject Being safe from bad habit Friend may be angry No need to get insulted in school The relationship may breakup Accept Having good relationship in family Saving time and health Loss of money and health Delay Friend may be happy Having bad company The relationship may be stronger May get insulted in school if Appropriate at that time anybody sees or knows about it Time and money saving May be hated in family No need to get insulted anywhere Friend may force again No risk of bad company Friend may be aggressive Will get time to search for other alternatives d. The most appropriate alternative is delay because it has more advantages and less disadvantages. In this alternative solution, Bhakta may be happy. e. For the implementation of appropriate alternative, tell about the negative impact of alcoholism; suggest for never taking it. It can be the best implementation of the solution. 116 SOCIAL STUDIES - GRADE 10

Activities 1. Collect some pictures reflecting the condition of children in your community and display them at a public place for public awareness. 2. Organize a talk program on the topic “Identification of social problem and problem solving skill”. 3. Identify the problem from the following incident and suggest the solutions it. Soniya is just 14 years old. Her family members are now discussing about her marriage but she disagrees and prefers to continue her study. Now, she is worried that her marriage may destroy her dream to be a capable citizen and serve the nation. Exercise Very short answer questions: 1. Why is the child labour still prevalent in our country? Write one reason. 2. Going abroad is considered as the matter of pleasure and opportunity by the present generation. What is your view on it? 3. Your society may have some social problems like child marriage, child labour, etc. Identify one better solution to each of the problems. Short answer questions: 1. What are the negative effects of child marriage? Write. 2. What should be done to make people understand what is good and what is bad? Suggest any four ways. 3. Suppose your intimate friend asks frequently to taste drugs. What would you do and why? 4. How do you solve those social problems if you are given the responsibility which you have identified during your study period ? Mention any four problems and ways to solve of them. 5. Prepare a news article about the efforts made at local level to solve social problems. Community Work Make a small survey in your community and identify the social problem prevalent there. Consult with the senior people and find the solution to the identified social problem. Social Problems and Solutions 117

5UNIT CIVIC AWARENESS Learning achievements Introduce the three major organs of the state, identify the concept of power balance, and give brief introduction of the constitutional bodies, Explain the role and responsibility of political parties in the governance system of Nepal, Mention the election process and roles to be played by the citizens in election, Be familiar with the human rights and act accordingly and mention the roles of national and international agencies in the protection and promotion of human rights, and Follow the process of acquiring citizenship certificate. Subject matters Legislature Executive Judiciary Constitutional Bodies Other Constitutional Commissions Political Parties Election Process Role of Citizens in the Election Human Rights and National and International Agencies Rights of Women and Indigenous Nationalities Citizen Identity and Citizenship 118 SOCIAL STUDIES - GRADE 10

1LESSON Legislature Background State is an organized political community. The form of the state depends on the political ideology that it undertakes. According to the constitution of Nepal, “Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state”. It requires various organs to exercise authority over a particular territory. Legislature, executive and judiciary are the major organs of the state. The constitution makes an allocation of legislative, executive and judicial powers among these organs of the state in accordance with the political principle of separation of power. The three major organs of the state possess powers that control each other so that no organ can become too powerful. It is called check and balance system. Introduction Legislature is an organ of the state. It makes the laws required in the state. The state performs its activities on the basis of these laws. The constitution of Nepal has made the provision of a bicameral federal legislature consisting of two houses to be known as the House of Representatives and the National Assembly under the Federal Parliament and a unicameral legislature in a province under the Provincial Assembly. Federal Legislature a. Composition of House of Representatives The House of Representatives consists of a total of 275 members. Among them, 165 members are elected through the first past the post electoral system with one being elected from each election constituency of 165 election constituencies and 110 members are elected through the proportional electoral system in which voters vote Federal Legislature for political parties with the whole country being considered as a single election constituency. Unless dissolved earlier, the term of the House of Representatives is 5 years. b. Composition of National Assembly The National Assembly is a permanent House. It consists of 59 members. Among them, 56 members are elected from seven provinces, 8 being elected from each province through Civic Awareness 119

single transferable vote electoral system and 3 members including one woman nominated by the President on the recommendation of the Government of Nepal. The constitution has made the provision of women participation in more than one-third seats. The term of office of the members of the National Assembly is 6 years. The term of office of one-third of the members expires in every 2 years. Qualification for members of Federal Parliament A person who has the following qualification is qualified to become a member of the Federal Parliament: a. Being a citizen of Nepal b. Having completed the age of 25 years for the House of Representatives, and the age of 35 years for the National Assembly c. Not having been convicted of a criminal offense involving moral turpitude d. Not being disqualified by any Federal law, and e. Not holding any office of profit. Speaker and Deputy Speaker of House of Representatives and Chairperson and Vice-Chairperson of National Assembly The members of the House of Representatives elect a Speaker and Deputy Speaker amongst themselves and the members of the National Assembly elect a Chairperson and Vice- Chairperson amongst themselves to chair the meeting. According to the constitutional provision, there should be representation of different sex and political party in both posts of both houses. Agni Prasad Sapkota Ganesh Prasad Timilsina Sashikala Dahal (The Speaker of the House of (The Chairperson of the (The Vice-Chairperson of Representatives) National Assembly) the National Assembly) Federal Legislative Procedures There is certain procedure of introduction, passage and assent the bill in the Federal Parliament. a. Procedures for introduction of Bills A draft of a proposed law presented to parliament for discussion is called a bill. A bill may be introduced in any House of the Federal Parliament but a money bill is introduced 120 SOCIAL STUDIES - GRADE 10

only in the House of Representatives. A Money Bill and a bill concerning a security body including the Nepal Army, Nepal Police and Armed Police Force, Nepal are introduced only as Government Bills. b. Procedures for passage of Bills A bill passed by one House of the Federal Parliament is transmitted to the other House as soon as possible and such bill, if passed by the receiving House is presented to the President for assent. c. Assent on Bills The bill which is presented to the President for assent should be certified by the head of the House where it originated. A bill submitted to the President for his or her assent should be assented within 15 days and both Houses should be informed thereof as soon as possible. A Bill becomes an Act after the President gives assent to it. Provincial Legislature Composition of Provincial Assembly There are seven provinces in Nepal. In each province, there is a unicameral legislature which is called the Provincial Assembly. Its sixty percent members are elected from FPTP electoral system and forty percent from proportional electoral system. Unless dissolved earlier, the term of the Provincial Assembly is five years. The Provincial Assembly elects a Speaker and Provincial Legislature Deputy Speaker among its members. While electing Speaker and Deputy Speaker, either the Speaker or Deputy Speaker should be women and both should belong to different parties. The first Provincial Assembly Election was held on two phases i.e. on 10th and 21st Mangsir, 2074 BS. The total number of members from all Provincial Assemblies is 550, where 330 members are elected from FTPT electoral system and 220 from proportional electoral system. The following table shows the number of districts, constituencies and total number of members in different provinces: Provinces Total No. of House of Provincial Assembly Provincial Assembly Members Total No. of Representatives Members from FTPT from Proportional electoral members 1 Districts Constituencies system 2 electoral system 37 93 Bagmati 14 28 56 43 107 Gandaki 8 64 44 110 5 13 32 66 24 60 Karnali 11 36 35 87 Sudurpashchim 12 33 52 16 40 Total 10 24 53 18 21 550 9 32 220 (40%) 26 330 (60%) 77 12 16 165 Civic Awareness 121

Chairperson Vice-chairperson Local Legislature The legiWslatridv Cehpaoirwpeerrssonosf the LFoucra lwLomevene lmiesmvbeesrtse d in tThweo RmuermalbeMrs uenleictiepda l Assembly and MuniecleipctaeldA frsosmem eabclyh. There aelreect4e6d0 byR tuhrea Rl Murauln icipal Absys Remurball iMesunaincdip2al7 6 Municipal Assemblies in Nwaerpdal. Municipal Assembly Assembly from the Dalit members from amongst or minority communities Composition of Rural Municipal Atshseemmsebllvyesand Municipal Assembly RRCuuorramallpMMousunitniciioicpniaplaAlsAsesmsebmlybly Municipal ExecutCivheairperson of Rural Municipal Executive Mayor Vice-chairperson of Rural Municipal Executive Deputy Mayor Ward Four members Two members of the Rural CWhaairrdp eCrhsoanirsp ersons electeFdi vfreo wmo men memMbuenrsic ipal ETxherceuetimvee melbeecrtesde lbeyc ted eleelcetcetde dfr formom each eacehl ewcaterdd by the MuRniucriapla Ml unicbiyp aMl Aunsisceimpabll Ay sfsroemm bly each wwaradrd a(OndpeDna:lA2it,sWWsoeommmaanbn::ly11) membersD farloitm o r minorfirtyo mco tmhem Duaniltiiteosr amongst themselves minority communities Judicial Committee MMuunniicciippaallAAsssseemmbblylyCoordinator: Vice-Chairperson of MRauyraolr Mofu Mniucinpiacli pEaxl eEcxueticvuetive Two mDeempbuteyr sM: Eayleocrt eodf Mbyu tnhiec impaelm Ebxeercsu otifv Reural Municipal Assembly from amongst themselves We and Our Society Four members 15 Ward elected from Three members of the Municipal Chairpersons Executive elected by Municipal elected from each ward Assembly from Dalit or minority each ward (Open: 2, Woman: 1 communities and Dalit Woman: 1) Functions of Legislature Judicial Committee 1. Law formulation functionCoordinator: Deputy Mayor of The major function of the legislaMtuurneicipsalt oExfeocrumtivuelate new laws or amend prevailing laws according to the need of the country. The legislature, which is composed by the representatives elecTtewdo bmyemthbeerpse:o Eplleec,tefdo brmy tuhlea tmesemthbeersla owf sMaucncicoirpdailn g to the will of the people. A bill is introducedA, dssisecmubslsye fdroamn dampolenagdste tdheinmstehlevelsegislature and after necessary amendment assented by the President. After the assent of the President, it bec1o9mes a law. We and Our Society 122 SOCIAL STUDIES - GRADE 10

2. Administrative function The Prime Minister is appointed from the members of House of Representatives and Council of Ministers is formed under his/ her chairmanship. The Council of Ministers can exist until it gets support of the majority members of the House of Representatives. The members of legislature control over the Council Session in the Federal Parliament of Ministers by asking questions, forwarding the proposal to draw the attention and criticizing it. One-fourth of the total number of the then members of the House of Representatives may table a motion of no- confidence in writing that the House has no confidence in the Prime Minister. If a motion of no confidence tabled is passed by a majority of the total number of the then members of the House of Representatives, the Prime Minister shall be relieved of his or her office. 3. Financial controlling function The legislature has a special role to pass the annual budget of the country. No tax can be imposed to the people and no money can be spent from the national treasury without the permission of legislature. The main reason of giving more power to the legislature in financial matters is to establish the right of the people in revenue of the country. In this way, legislature as the representative maintains the financial control. Therefore, legislature is called the guardian of the national treasury. 4. Constitution amending function In most of the countries, the provision of amendment of the constitution is made in the constitution itself. According to Article 274 of the Constitution of Nepal, a bill is introduced in either house of the federal legislature. If the bill is passed by at least two-thirds majority of the total number of the then members of both Houses of the Federal Parliament and assented by the President, the constitution gets amended from the date of assent. However, no amendment can be made against the sovereignty, territorial integrity, independence of Nepal and sovereignty vested in the people. Civic Awareness 123

Activities 1. Find the procedures to conduct the House of Representatives and stage an act impersonating the Speaker and Members. 2. Comment on the provision of women participation in the National Assembly. 3. Legislature is called the parliament in many countries including Nepal. Search in the internet and find what it is called in other countries. 4. Discuss in the class about ‘Bill’, ‘First-Past-The-Post (FPTP) electoral system’, ‘Proportional electoral system’ and ‘Motion of no confidence’. 5. Tricameralism is the practice of having three legislative or parliamentary chambers. It has been adopted in South Africa. What do you know about the unicameralism and bicameralism? Discuss in the class and find where they are in practice. Exercise Short answer questions: 1. Why the legislature is called law-making organ of the state? How does it make law? 2. Create a dialogue mentioning the process of law formation from a bill. 3. What does Federal Parliament mean in our country? Examine the qualification for the member of Federal Parliament. 4. Make a list of the functions of legislature. 5. WritethenameofpresentSpeakerandDeputySpeakeroftheHouseofRepresentatives. How are they elected? Also write their roles in the House of Representatives. Long answer questions: 1. What is legislature? Mention the composition process of Federal Parliament in our country. 2. Write any four functions of the legislature and explain any three of them. Project Work A charge of misconduct made against the holder of a public office is known as impeachment. Read the following text related to the provision of impeachment written in Article 101 of the Constitution of Nepal and highlight the necessity of such provision in the constitution. Present your work in the class. Impeachment 1. One fourth of the total number of the then members of the House of Representatives may move a motion of impeachment against the President or Vice-President on the ground of serious violation of this Constitution and the Federal law. If the motion is passed by at least two thirds majority of the total number of the then members of both Houses of the Federal Parliament, he or she shall relieve of his or her office. 2. One fourth of the total number of the then members of the House of Representatives may move a motion of impeachment against the Chief Justice of Nepal or a Judge of the Supreme Court, member of the Judicial Council, chief or official of Constitutional bodies on the ground of his or her failure to fulfill his or her duties of office because of serious violation of this Constitution and law, incompetence or misconduct or failure to discharge the duties of office honestly or serious violation of the code of conduct. If the motion is passed by at least two thirds majority of the total number of the then members of the House of Representatives, the concerned person shall relieve of his or her office. 124 SOCIAL STUDIES - GRADE 10

2LESSON Executive Introduction Executive is the law implementing Singha Durbar: Office of the Prime Minister and body of the state. It is also known Council of Ministers as the government or the Council of Ministers. It makes programs, policies and implements the laws formulated by the legislature. There are three levels of executives in Nepal Federal Executive at center, Provincial Executive at province and Local Executive at local level. Federal Executive Form of government The form of government of Nepal is multi-party, competitive, federal, democratic, republican, parliamentary form of government based on pluralism. Executive power The executive power of Nepal is vested in the Council of Ministers. The responsibility for issuing general directives, controlling and regulating the governance of Nepal lies with the Council of Ministers. Constitution of Council of Ministers 1. The President shall appoint the leader of a parliamentary party that commands majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be constituted under his or her chairpersonship. 2. In cases where no party has a K. P. Sharma Oli, the Prime Minister of Nepal taking clear majority in the House of oath from the President Representatives under clause (1), the President shall appoint as Civic Awareness 125

the Prime Minister a member of the House of Representatives who can command majority with the support of two or more parties representing to the House of Representatives. 3. In cases where Prime Minister cannot be appointed under clause (2) no later than thirty days after the date of declaration of the final results of election to the House of Representatives or the Prime Minister so appointed fails to secure a vote of confidence under clause (4), the President shall appoint as the Prime Minister the parliamentary party leader of the party which has the highest number of members in the House of Representatives. 4. The Prime Minister appointed under clause (2) or (3) shall obtain a vote of confidence from the House of Representatives no later than thirty days after the date of such appointment. 5. In cases where the Prime Minister appointed under clause (3) fails to obtain a vote of confidence under clause (4) and any member under clause (2) presents a ground on which he or she can obtain a vote of confidence in the House of Representatives, the President shall appoint such member as the Prime Minister. 6. The Prime Minister appointed under clause (5) must obtain a vote of confidence under clause (4). 7. In cases where the Prime Minister appointed under clause (5) fails to obtain a vote of confidence or the Prime Minister cannot be appointed, the President shall, on recommendation of the Prime Minister, dissolve the House of Representatives and appoint a date of election so that the election to another House of Representatives is completed within six months. 8. Procedures on the appointment of the Prime Minister under this Article must be completed no later than thirty five days after the date of declaration of the final results of election to the House of Representatives held under this Constitution or the date on which the office of the Prime Minister has fallen vacant. 9. The President shall, on recommendation of the Prime Minister, constitute the Council of Ministers comprising a maximum of twenty five Ministers including the Prime Minister, in accordance with the inclusive principle, from amongst the members of the Federal Parliament. Explanation: For the purposes of this Article, “Minister” means a Deputy Prime Minister, Minister, Minister of State and Assistant Minister. 10. The Prime Minister and Ministers shall be collectively responsible to the Federal Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Federal Parliament. 126 SOCIAL STUDIES - GRADE 10

President Bidya Devi Bhandari administering the oath to newly appointed ministers in the presence of the Prime Minister K.P. Sharma Oli Functions of Executive 1. Administrative function This is the function of the executive related to the administration. The main function of executive is to implement the laws formulated by the legislature. It maintains the stability, peace and order in the country. Besides these, it prepares the policies and programs of the state, runs the administration and controls and directs it, maintains the good governance in the country, and brings the activities of the government to the lower level. These are the administrative functions of the executive. 2. Diplomatic function This is the function of the executive concerned with diplomatic relation and cooperation. Under the diplomatic functions, the executive determines the foreign policy, extends the relation with other countries and makes treaties and agreements. It also appoints the ambassadors to foreign countries and makes the appointment in the diplomatic posts. 3. Financial function The financial mobilization and management of the country is carried out by the executive. Every year, the Finance Minister introduces the annual budget in the federal parliament. The executive may impose tax and collect it, mobilize the revenue and take the loan, etc. With the mobilization of finance, the other activities can be run. Thus, financial mobilization and management is an important function of the executive. 4. Military function The constitution of Nepal has made a provision of National Security Council under the chairpersonship of the Prime Minister for making recommendation to the Government of Nepal, Council of Ministers for the formulation of a policy on overall national interest, security and defense of Nepal, and for mobilization and control of the Nepal Army. The executive has to save the country from foreign attacks. It also executes the functions of declaring war and proposing peace. The Government of Nepal may also mobilize the Nepal Army in other works including development, construction and disaster management Civic Awareness 127

works. Similarly, the President can appoint and remove the Chief of the Army from the office on the recommendation of the Council of Minister. The President is the supreme commander-in-chief of the Nepal Army and can declare the mobilization of the Nepal Army on the recommendation of the National Security Council and the decision of the government of Nepal, Council of Ministers. The President may, on recommendation of the Council of Ministers, promulgate an Ordinance at any time when both Houses of the Federal Parliament are not in session. An Ordinance has the same force and effect as an Act. The President may summon and propogue the sessions of both or either of the Houses of the Federal Parliament. The President may also grant pardons, suspend, commute or remit any sentence passed by any Court, judicial or quasi-judicial body or administrative authority or body. Provincial Executive Executive power of Province The executive power of a province is vested in the Provincial Council of Ministers. The responsibility for issuing general directives, controlling and regulating the governance of the province lies in the Provincial Council of Ministers. A Chief Minister is appointed in each province as the head of the provincial executive. Composition of Provincial Council of Ministers The Chief of province appoints the leader of the parliamentary party commanding a majority in the Provincial Assembly as the Chief Minister, and the State Council of Ministers is constituted under his or her chairpersonship. The Chief of province, on recommendation of the Chief Minister, constitutes the Provincial Council of Ministers consisting of a maximum of twenty percent of the total number of members of the Provincial Assembly, including the Chief Minister, in accordance with the inclusive principle, from amongst the members of the Provincial Assembly. The Chiefs of Seven Provinces Somnath Adhikari ‘Pyasi’ Tilak Pariyar Bishnu Prasad Prasain Province No. 1 Province No. 2 Bagmati Province 128 SOCIAL STUDIES - GRADE 10

Amik Sherchan Dharmanath Yadav Govinda Prasad Sharmila Kumari Gandaki Province Province No. 5 Kalauni Panta Karnali Province Sudurpashchim Province Chief Ministers of Seven Provinces Sher Dhan Rai Mohammad Lalbabu Raut Dormani Poudel Province No. 1 Province No. 2 Bagmati Province Prithvi Subba Gurung Shankar Pokharel Mahendra Bdr. Shahi Trilochan Bhatta Gandaki Province Province No. 5 Karnali Province Sudurpashchim Province Local Executive Executive power of Local Level The executive power of the Local Level is vested in the Rural Municipal Executive or the Municipal Executive. The responsibility for issuing general directives, controlling and regulating the governance of the Rural Municipality and the Municipality lies with the Rural Municipal Executive and the Municipal Executive. There is a chairperson in each Rural Civic Awareness 129

Municipality and the Rural Municipal Executive is formed under her/his chairpersonship. Similarly, there is a Mayor in each Municipality and the Municipal Executive is formed under his/her chairpersonship. CompoCsoitmiopnoosfitRiounral Municipal Executive and Municipal Executive RRuurraall MMuunniiccipipaal lEExexceuctuivteive Chairperson Vice-chairperson Ward Chairpersons Four women members Two members elected by Rural Municipal elected from each elected by the Rural Assembly from the Dalit or minority communities ward Municipal Assembly Composition members from amongst themselves MMuunniicciippaall EExxeeccuutitvieve Rural Municipal Assembly Mayor Chairperson of Rural Municipal Executive Deputy Mayor Vice-chairperson of Rural Municipal Executive Ward Chairpersons Five women members Three members elected elected from each elected by the Municipal by Municipal Assembly Warwda rd FourAmsseemmbbelrys members frTowmo membefrros mof t thhee DRaulriat lo r Chairpersons electeadm froonmgs t themselMveusnicipal Emxiencourtiitvye c eolmecmteudn bityie s elected from each ward Rural Municipal Assembly from PresideMnut neoaifcciNhp awelpaAardslsembly (Open: 2, Woman: 1 Dalit or minority communities and Dalit Woman: 1) There shall be a President of Nepal. The President shall be Voting weight of a member the heaJdudoifcisatlaCteomofmNitteepeal. ThMeayPorre osifd Menutnischipaalll Epxroecmuotitvee the of Provincial Assembly national unity of Nepal. TheCmooaridnindauttoyr:oVf itchee-CPhraeisrpideersnotns ohfa ll = 52560,4´941,,500040 be to abide by and protect DtheepuCtRoyu nMrsatali ytMuotrui onifnc M.ipualn Eicxipeaclu tEivxeecutive = 48 Election of the President Voting weight of a member TAwofhsetseihgePemhrmtebWsoeleiifmCdeeales7hnbe.nda9ceWEittOrreswpsauadhecrroh arfdhSfesrl oloortmhebmcniaeseee stmTeFyMlweebeadoecucertnmherioacdefmilmpbFPFeaeyoblaelemue aaerAdcrlnrcbetismsheaeres: dame erlwE emlmfaoeclrPebrobnftdcaolmetytPrrrea l safrdinrola odbcmvmyooie nl ftalnhcetmteihga hoeAmTelEnahPscAexgssromreseesaomtcmebs vut veehmpbtirmoinelosveytmc sbiemo nief slfaerbyedg ollRelemvrucse o tr seDafo==dlfFa btle7hi32ydt9e 36 eo M4,Mrr4´a 9umul41nnPi,,in50icaco00irip14r0lpiia5taalyl m ent (Open: 2, Woman: 1 has a votinegacwhe wigahrdt of 48. and Dalit Woman: 1) communities A person who secures a majority of the then existing total votes of the Electoral College shall beJuedleiccitaeldCaosmtmheitPtereesident. If none of the candidates secures a majority, there shall 130 Coordinator: Deputy Mayor of SOCIAL STUDIES - GRADE 10 Municipal Executive

be voting between the two candidates who have secured the highest number of votes, and a candidate who secures more than fifty percent of the total votes in such a voting shall be elected as the President. If none of the candidates secures more than fifty percent of the total votes even in the voting, re-voting shall be held. A candidate who secures a majority of the total valid votes cast in such voting shall be elected as the President. The term of office of the President shall be five years from the date on which he or she is so elected. A person who has the following President Bidhya Devi Bhandari taking oath from qualification shall be qualified to then Chief Justice become the President: • being qualified to become a member of the Federal Parliament • having completed the age of at least forty five years, and • not being disqualified by any law. A person who has already been elected twice as the President shall not become a candidate in the election to the President. The functions to be performed by the President shall be performed by the Vice-president during the absence of the President. The President shall take an oath of office and secrecy before the Chief Justice, and the Vice-President, before the President. Activities 1. Demonstrate the meeting of the Council of Ministers in the class. Present the role of Education Minister, Women and Children Minister and Home Minister in that meeting. 2. Study the constitution of Nepal to get more knowledge about the provincial executive and local executive. Present the findings in the class. Civic Awareness 131

Exercise Short answer questions: 1. Write the differences between the federal executive and provincial executive in four points. 2. Mention the functions of executive in points. 3. How can you help the government personally? Write in points. 4. If you became the minister of the government of Nepal, how would you maintain your responsibility? Long answer questions: 1. Define the executive. Explain any three functions of the executive. 2. How is the Council of Ministers constituted in Nepal? And also mention its importance. 3. “The role of executive is increasing day by day in the present time.” Justify this statement in the context of Nepal. Project Work 1. Collect the name and responsibility of the members of the Council of Ministers and form of the present government, then present in the class. 2. Following personalities are the Prime Ministers of Nepal after restoration of democracy in 2046 BS. Identify and write their name. 132 SOCIAL STUDIES - GRADE 10

3LESSON Judiciary Introduction Judiciary is an organ of the state that is concerned with providing justice to the innocent and punishment to the criminals. Power relating to justice is exercised by courts and other judicial bodies. All should abide by the orders or verdicts made in the course of trial of lawsuits by the courts. Importance of Judiciary In order to maintain rule of law in the country, the judiciary interprets the laws made by the legislature and implemented by the executive. It performs works like judicial review, giving legal punishment to the guilty party and protecting human rights. It safeguards the fundamental rights of the people. Thus it is also called ‘The Guardian of Law’. Judiciary is the highly respected organ of the state. It maintains the respect of the laws in the country. An independent, impartial and competent judiciary is the base for democracy. The concept of democratic state with rule of law cannot be materialized without independent judicial system. Judiciary is the protector of people’s life, freedom and security. An independent judiciary ascertains the justice and it is the touchstone of the civilization. For this, judiciary must be independent, impartial and competent. Tiers of Courts in Nepal There are three tiers of courts in Nepal according to the Part 11 of the Constitution of Nepal. They are: a. Supreme Court b. High Court c. District Court In addition to these courts, other judicial bodies may be formed at the Local level to try cases under law or other bodies as required may be formed to carry out alternative dispute settlement methods. a. Supreme Court Supreme Court The Supreme Court is the highest court in the judicial system of Nepal. It is a court of record 133 Civic Awareness

in the sense that its decisions are recorded for long-lasting memory and evidence. All courts and judicial bodies, except as otherwise provided in this Constitution are under the Supreme Court. The Supreme Court has the final authority to interpret the Constitution and laws. The Supreme Court consists of a maximum of twenty Judges, in addition to the Chief Justice of Nepal. The President appoints the Chief Justice, on the recommendation of the Constitutional Council, and other Judges of the Supreme Court, on the recommendation of the Judicial Council. Any person who has served as a Judge of the Supreme Court for at least three years is qualified for the appointment as the Chief Justice. The term of office of the Chief Justice is six years and retire at the age of 65 years. b. High Court There is a High Court in each province. Each High Court consists of such number of Judges, in addition to the Chief Judge, as provided for in the Federal law. The Chief Justice, on the recommendation of the Judicial Council, appoints the Chief Judge and Judges of the High Court. Any citizen of Nepal who has obtained a High Court bachelor’s degree in law and served as a Judge of a District Court for at least five years or who has obtained a bachelor’s degree in law and constantly practiced law as a senior advocate or advocate for at least ten years or who has constantly been engaged in the teaching or research of law or in any other field related to law or justice for at least ten years or who has served in the post of at least Gazetted first class of the Judicial Service for at least five years is considered to be qualified for appointment as the Chief Judge or a Judge of the High Court. c. District Court District Court There is a District Court in each District. The Local level judicial bodies established in accordance with the State law are subordinate to the District Court. The District Court may inspect as well as supervise and give necessary direction to its subordinate judicial bodies. The Chief Justice, on the recommendation of the Judicial Council, appoints Judges of the District Courts. 134 SOCIAL STUDIES - GRADE 10

Specialized courts Other specialized courts, judicial bodies or tribunals may be formed to try and settle specific types and nature of cases other than those mentioned above. No criminal offence involving imprisonment for a term of more than one year falls under the jurisdiction of a body other than a court, specialized court, military court or judicial body. Judicial Committee There is a three-member judicial committee to be coordinated by its Vice-Chairperson in the case of a Rural Municipality and by its Deputy Mayor in the case of a Municipality, in order to settle disputes under their respective jurisdictions. The judicial committee shall consist of two members elected by the members of the Rural Municipal Assembly or the Municipal Assembly from amongst themselves. Coordinator: Deputy Mayor of Municipal Executive/ Vice- Chairperson of Rural Municipal Executive Two members: Elected by the members of Municipal Assembly/ Rural Municipal Assembly from amongst themselves Functions of Judiciary a. Judicial function The main function of the judiciary is to provide equal justice to the citizens using the prevailing laws of the country. It saves the innocent and punishes the offender. It gives verdicts on both civil and criminal cases. b. Interpretation of law Judiciary interprets the laws practiced in the country. When the court gives decision on any case, it explains the meaning or spirit of law. Such explanation can be used as the precedent if similar type of case is filed in the court. So, the precedent works as a law. c. Protection of people’s rights and freedom The Constitution provides various rights to the citizens. If the rights of people are violated then the court restores their rights. Judiciary is the only organ to protect people’s fundamental rights and freedom. d. Advisory function It provides suggestions and advises in critical legal matters. Generally, head of the state and head of the government takes advice from the judiciary regarding constitutional and legal problems. Civic Awareness 135

Difference between Civil case and Criminal case Civil case Criminal case It deals with disputes or quarrels or It deals with a criminal act or offence. disagreements between two parties. A person is not imprisoned or executed. There is a possibility that someone found The losing defendant has to compensate the guilty is either imprisoned or executed or plaintiff for the losses he/she had caused. asked to pay fines according to the depth of the case. The burden of proof lies on the plaintiff. The burden of proof always lies with the State. The State has to prove the defendant is guilty. Both the parties concerned may appeal to a Only the defendant can appeal to a higher higher court. court. Constitutional Council Judicial Council There is a Constitutional Council for making There is a Judicial Council to make recommendation or recommendations for appointment of the give advice on the appointment of, transfer of, disciplinary Chief Justice and Chiefs and officials of the action against, and dismissal of, Judges, and other matters Constitutional Bodies. It consists of the following relating to the administration of justice. It consists of the as the Chairperson and members: following as its chairperson and members: a) The Prime Minister Chairperson a) The Chief Justice Chairperson b) The Chief Justice Member b) The Federal Minister for Law and Justice Member c) The Speaker of the House of Member c) The senior-most Judge of the Supreme Member Representatives Court d) The Chairperson of the Member d) One jurist nominated by the President on Member National Assembly recommendation of the Prime Minister e) Leader of Opposition Party in Member e) A senior advocate or advocate who Member the House of Representatives has gained at least twenty years of experience, to be appointed by the f) Deputy Speaker of the House Member President on recommendation of the of Representatives Nepal Bar Association While making a recommendation for appointment to the office of the Chief Justice, the Constitutional Council includes the Minister for Law and Justice of the Government of Nepal, as its member. Functions of Supreme Court a. To declare that law to be void if it appears to be inconsistent with the constitution, b. To issue necessary and appropriate orders and provide appropriate remedies for the enforcement of fundamental rights, c. To issue appropriate orders and writs including the writs of habeas corpus -aGbL kT| oIfLs/0f_, mandamus -k/dfb]z_, certiorari -pTk]|if0f_, prohibition -kl| tif]w_ and quo qarranto -clwsf/kR[ 5f_, and d. To hear original cases, to hear appeals, to examine decision referred for confirmation, review cases, hear petitions or review its judgments. 136 SOCIAL STUDIES - GRADE 10

Activities 1. Who is the present Chief Justice of Nepal? Discuss the role of Chief Justice for the fast delivery of judicial service. 2. Discuss in the class about the criminal case and civil case. Exercise Short answer questions: 1. What is judiciary? Why is it called a judicial organ of the state? 2. Mention the functions of Supreme Court. 3. How can the judiciary be kept independent and impartial? Present any four suggestions. 4. What are the qualifications required for the Chief Judge and Judges of High Court? Discuss. 5. Clarify the fact that judiciary should be free and fair with a dialogue between two friends. 6. What should the judiciary do to win the trust of common people in Nepal? Write in four points. Long answer questions: 1. Explain the functions of judiciary. 2. It is said that independent and impartial judiciary is the base for the democracy. Prepare an editorial focusing on the importance of judiciary to prevent impunity and providing justice to victims. 3. Prepare a model of an article to be published in a daily newspaper under the title, “Contribution of Supreme Court: Protection of Fundamental Rights and Constitution”. Community Work Meet somebody in your community who has got justice by the decision of court and ask how he/she got justice. Then create a monologue including his/her feelings. Civic Awareness 137

4LESSON Constitutional Bodies Office of the President Introduction The state requires a number of authorities to run various state affairs. So, the state makes provision of some important authorities in the constitution along with their formation, functions, duties and power, and required qualification of the chiefs and officials. They are called constitutional bodies. According to the definition and interpretation of the Constitution of Nepal, “Constitutional Bodies” means the Commission for the Investigation of Abuse of Authority, Auditor General, Public Service Commission, Election Commission, National Human Rights Commission, National Natural Resources and Fiscal Commission, National Women Commission, National Dalit Commission, National Inclusion Commission, Indigenous Nationalities Commission, Madhesi Commission, Tharu Commission and Muslim Commission, Monitoring of Functioning of Constitutional Bodies They must be accountable and responsible to the Federal Parliament. The committees of the House of Representatives may monitor and evaluate the functioning, including reports of the Constitutional Bodies, other than the National Human Rights Commission, and give necessary direction or advice. 138 SOCIAL STUDIES - GRADE 10

Annual Reports of Constitutional Bodies Every Constitutional Body should submit an annual report of its functioning to the President, and the President shall present it through the Prime Minister before the Federal Parliament. A Constitutional Body may prepare a separate report in relation to the functioning of each State and submit it to the Chief of State. Qualification for the Chiefs and Officials Any person with the following qualification is eligible to be appointed in the post of chiefs or officials of constitutional bodies: a. Having attained the age of forty five years, b. Not being a member of any political party at the time of appointment, c. Being of high moral character, and d. Having attained enough academic qualification, experience and appropriate criteria in the related field as mentioned in the constitution. The Constitution of Nepal has provisioned constitutional bodies from part 21 to 26. a. Commission for the Investigation of Abuse of Authority In part 21 of the Constitution of Nepal, there is a provision of Commission for the Investigation of Abuse of Authority of Nepal, consisting of the Chief Commissioner and four other Commissioners. The Chief Commissioner acts as the Chairperson of the Commission for the Investigation of Abuse Commission for the Investigation of Abuse of Authority (CIAA) of Authority. The President, on recommendation of the Constitutional Council, appoints the Chief Commissioner and Commissioners. The term of office of the Chief Commissioner and Commissioners is six years from the date of appointment. Functions, duties and powers of the Commission for the Investigation of Abuse of Authority It may conduct or initiate a conduct, investigations of any abuse of authority committed through corruption by any person holding public office. If it finds on investigation conducted that a person holding public office has committed an act which is defined by law as corruption, it may file, or initiate a case against that person and other person involved in that offense in the competent court in accordance with law. Civic Awareness 139

If on investigation conducted, any act or action done or taken by a person holding public office appears to be of such nature as to be falling under the jurisdiction of another official or body, the Commission for the Investigation of Abuse of Authority may write to the concerned official or body for necessary action. b. Auditor General In part 22 of the Constitution of Nepal, there is a provision of an Auditor General of Nepal. The President, on the recommendation of the Constitutional Council, appoints the Auditor General. The term of office of the Auditor General shall be six years from the date of appointment. Functions, duties and powers of Auditor- General The accounts for all Federal and State Office of the Auditor General Government Offices including the Office of the President, Office of the Vice-President, Supreme Court, Federal Parliament, State Assembly, State Government, Local level, Constitutional Bodies and Offices thereof, Courts, Office of the Attorney General, Nepal Army, Nepal Police and Armed Police Force, Nepal are audited by the Auditor-General in accordance with law, with due consideration given to the regularity, economy, efficiency, effectiveness and the propriety thereof. The Auditor General is consulted in the matter of appointment of an auditor to carry out the audit of a corporate body of which the Government of Nepal or Provincial Government owns more than fifty percent of the shares or assets. The Auditor General may also issue necessary directives setting forth the principles for carrying out the audit of such corporate body. c. Public Service Commission Public Service Commission In part 23 of the Constitution of Nepal, there is a provision of a Public Service Commission of Nepal, consisting of the Chairperson and four other Members. The President, on the recommendation of the Constitutional Council, appoints the Chairperson and Members. At least fifty percent of the total number of Members of the Public Service Commission are appointed amongst the persons who have worked for twenty or more in any government service, and the rest of the Members are appointed amongst 140 SOCIAL STUDIES - GRADE 10

the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or other sphere of national life. The term of office of the Chairperson and Members of the Public Service Commission is six years from the date of appointment. Functions, duties and powers of the Public Service Commission It is the duty of the Public Service Commission to conduct examinations for the selection of suitable candidates to be appointed to the positions in the Civil Service and recommend the selected candidates for appointment to the Government of Nepal. It conducts written examinations to be given for appointment to the offices of the Nepal Army, Nepal Police, Armed Police Force, Nepal, other Federal governmental services and of bodies corporate, other than the positions in the Civil Service. It gives the consultation on the general principles to be followed in the course of making appointment and promotion to any position of the Nepal army, Nepal Police, Armed Police Force, Nepal and other Federal government services. It gives the consultation on the laws relating to the conditions of service of the employees in the service of a body corporate and on the general principles to be followed in the course of making promotion to any position of such service and taking departmental action against any such employee. No permanent appointment to any pensionable position chargeable on the Government of Nepal is made except in consultation with the Public Service Commission. d. Election Commission Election Commission In part 24 of the Constitution of Nepal, there is a provision of an Election Commission of Nepal, consisting of a Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as the chairperson of the Election Commission. The President, on the recommendation of the Constitutional Council, appoints the Chief Election Commissioner and Commissioners. The term of office of the Chief Election Commissioner and Commissioners of the Election Commission shall be six years from the date of appointment. Functions, duties and powers of the Election Commission The Election Commission conducts, supervises, directs and controls the election to the President, Vice-President, members of the Federal Parliament, members of State Assemblies and members of Local level. For these purposes, the Election Commission prepares electoral rolls. Civic Awareness 141

The Election Commission holds a referendum on a matter of national importance pursuant to this Constitution and the Federal law. e. National Human Rights Commission In part 25 of the Constitution of Nepal, there National Human Rights Commission is a provision of a National Human Rights Commission of Nepal, consisting of a Chairperson and four other members. The President, on the recommendation of the Constitutional Council, appoints the Chairperson and members. The term of office of the Chairperson and members of the National Human Rights Commission is six years from the date of appointment. Functions, duties and powers of National Human Rights Commission It is the duty of the National Human Rights Commission to respect, protect and promote human rights and ensure effective enforcement thereof. It inquires, and investigates complaints of violations of human rights and makes recommendation to take departmental action and to file a case in the court in accordance with law. It coordinates and collaborates with the civil society in order to enhance awareness on human rights. f. National Natural Resources and Fiscal Commission In part 26 of the Constitution of Nepal, there is a provision of a National Natural Resources and Fiscal Commission of Nepal, consisting of a maximum of five members including a Chairperson. The President, on the recommendation of the Constitutional Council, appoints the Chairperson and members of the National Natural Resources and Fiscal Commission. The term of office of the Chairperson and members of the National Natural Resources and Fiscal Commission shall be six years from the date of appointment. Functions, duties and powers of National Natural Resources and Fiscal Commission It determines the basis and modality for the distribution of revenues between the Federal, Provincial and Local Governments. It recommends scientific distribution of the grants to the Province and Local Governments. It conducts research work and prepares parameters for the grants to be provided to the Province and Local Governments. It does research work on possible disputes that may arise between the Federation, Provinces and Local levels, and makes suggestions to act in a coordinated manner for the prevention of such disputes. 142 SOCIAL STUDIES - GRADE 10

Dismissal from the post Any person appointed in the post as the Chief or Official in the Constitutional Bodies is dismissed from the post in the following circumstances: a. If he or she tenders resignation in writing to the President b. If he or she attains the age of sixty-five years (except the chief and officials of NHRC) c. If a motion of impeachment is passed against him or her d. If he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness, and e. If he or she passes away. Activities 1. Make a chart of the Constitutional Bodies mentioned in the Constitution of Nepal and present in the class. 2. Compare between the Constitutional Bodies provisioned in the Constitution of Nepal and Interim Constitution of Nepal, 2063. Exercise Short answer questions: 1. What are the Constitutional Bodies? Write the provision of monitoring their functions and annual report submission. 2. What are the qualifications for the Chiefs and Officials of Constitutional Bodies? 3. Discuss the major functions of Public Service Commission. 4. Mention the formation process of the Commission for the Investigation of Abuse of Authority and also mention its functions. 5. Prepare a model of letter including the functions of National Human Rights Commission. 6. Discuss about the dismissal of the Chief or Officials of Constitutional Bodies from their post. Long answer questions: 1. Why are the Constitutional Bodies necessary? Describe the roles of any three Constitutional Bodies to run the state affairs. 2. “National Natural Resource and Finance Commission is the distinct organ among all constitutional organs in context of present Nepal.” Justify it in seven points. 3. Explain the composition, functions, duties and powers of the Election Commission. Project Work Make a table and present the process of appointment, formation, qualification, tenure and the present chiefs of the constitutional bodies mentioned in the lesson. Civic Awareness 143

5LESSON Other Constitutional Commissions Introduction The Constitution of Nepal has made the provision of seven commissions in part 27 from article 252 to 264. They are National Women Commission, National Dalit Commission, National Inclusion Commission, Indigenous Nationalities Commission, Madhesi Commission, Tharu Commission and Muslim Commission. 1. National Women Commission In article 252 of the Constitution of Nepal, there is a provision of National Women Commission of Nepal, consisting of a Chairperson and four other members. The President, on the recommendation of the Constitutional Council, appoints the Chairperson and members of the National Women Commission. The term of office of the Chairperson and members of the National Women Commission is six years from the date of appointment. Functions, duties and powers of National Women Commission a. To formulate policies and programs concerning the rights and interests of the women b. To monitor as to whether laws concerning the rights and interests of the women and obligations under the international treaties have been implemented, and make suggestions for implementation to the Government of Nepal c. To include the women in the mainstream of national development and ensure proportional participation in all organs of the State d. To carry out research work on the legal provisions relating to gender equality, empowerment of women, and make recommendations to the concerned bodies e. To make suggestions to the Government about the preparation of reports to be submitted by Nepal according to the provisions contained in the international treaties or agreements, and f. To file the cases against any violence against women or being subjected to social ill- practices or infringement of or deprivation of enjoyment of women’s rights. 2. National Dalit Commission In article 255 of the Constitution of Nepal, there is a provision for National Dalit Commission of Nepal, consisting of a Chairperson and four other members. The President, on the recommendation of the Constitutional Council, appoints the Chairperson and members of the National Dalit Commission. The term of office of the Chairperson and members of the National Dalit Commission is six years from the date of appointment. 144 SOCIAL STUDIES - GRADE 10

Functions, duties and powers of National Dalit Commission a. To conduct study and exploration to the overall situation of the Dalit community, to prepare necessary policy, legal and institutional reforms in that field b. To formulate national policies and programs to promote the Dalit’s status by ending caste-based discrimination, oppression and discrimination c. To monitor whether laws concerning the interests of the Dalit, for the upliftment of their status have been effectively implemented d. To make suggestions to the Government for the preparation of reports according to the international treaties or agreements concerning the rights of the Dalit community e. To include the Dalit community in the mainstream of national development and ensure proportional participation in all organs of the State, and f. To file the cases against any matters of being victims of caste-based discrimination and untouchability. 3. National Inclusion Commission In article 258 of the Constitution of Nepal, there is a National Inclusion Commission of Nepal, consisting of a Chairperson and four other members. The President, on the recommendation of the Constitutional Council, appoints the Chairperson and members of the National Inclusion Commission. The term of office of the Chairperson and members of the National Inclusion Commission is six years from the date of appointment. Functions, duties and powers of National Inclusion Commission a. To conduct research works for the protection of the rights and interests of Khas Arya, Pichhada class, persons with disabilities, senior citizens, labours, peasants, minorities and marginalized community, backward class, people of Karnali and the indigent class b. To study the status of implementation of the policies and laws adopted by the Government for the inclusion of the community, class and region c. To study whether there has been appropriate representation of the community, class and region mentioned above d. To study whether there is protection, empowerment and development of the community, class and region mentioned above e. To make suggestions to the Government about policies and programs to be implemented for the development and prosperity of the Karnali and backward regions f. To make recommendations for timely revisions of laws concerning minority and marginalized communities, and Civic Awareness 145

g. To monitor the status of implementation of rights and interests guaranteed for minority and marginalized communities. 4. Indigenous Nationalities Commission In article 261 of the Constitution of Nepal, there is an Indigenous Nationalities Commission of Nepal, consisting of a Chairperson and a maximum of four other members. The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Indigenous Nationalities Commission. The term of office of the Chairperson and members of the Indigenous Nationalities Commission is six years from the date of appointment. 5. Madhesi Commission In article 262 of the Constitution of Nepal, there is a Madhesi Commission of Nepal, consisting of a Chairperson and a maximum of four other members. The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Madhesi Commission. The term of office of the Chairperson and members of the Madhesi Commission is six years from the date of appointment. 6. Tharu Commission In article 263 of the Constitution of Nepal, there is a Tharu Commission of Nepal, consisting of a Chairperson and a maximum of four other members. The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Tharu Commission. The term of office of the Chairperson and members of the Tharu Commission is six years from the date of appointment. 7. Muslim Commission In article 264 of the Constitution of Nepal, there is a Muslim Commission of Nepal, consisting of a Chairperson and a maximum of four other members. The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Muslim Commission. The term of office of the Chairperson and members of the Muslim Commission is six years from the date of appointment. Indigenous Nationalities Commission, Madhesi Commission, Tharu Commission and Muslim Commission can study and research the policy and programs for the rights, interest and empowerment of concerned community and give the suggestion to the government. Other functions, duties and powers shall be as specified in the Federal law. 146 SOCIAL STUDIES - GRADE 10

Activities 1. The Constitution of Nepal has added more Constitutional Bodies. Discuss in the class about its necessity. 2. What is the provision in the constitution to prevent the Chiefs and Officials of Constitutional Bodies from going against their responsibilities? Discuss in the class. Exercise Short answer questions: 1. Discuss the unavoidability of National Women Commission in the context of Nepal. 2. How can the National Dalit Commission establish the issues of Dalits? Discuss. 3. Identify the necessity of constitutional commissions in democratic nations like Nepal. Write in four points. 4. Mention the importance of National Inclusion Commission in the context of Nepal. Long answer questions: 1. How can the Indigenous Nationalities, Madhesi, Tharu and Muslim Commissions function keeping in mind the rights and interest of these communities? Mention. 2. Prepare an editorial highlighting the other commissions included in the Constitution of Nepal and their necessities. Project Work Make a table and present the other commissions included in the Constitution of Nepal, process of formation, qualification required for the Chiefs and Officials and tenure. Civic Awareness 147

6LESSON Political Parties Introduction A political party is a group of people organized to acquire and exercise political power. There is a great role of political parties in democratic system. The political parties are based on various political ideology, philosophy and programs. Nepal is a country with competitive multiparty system. Making any law or decision to allow for participation or involvement of only a single political party is not allowed here. In competitive multiparty system, there can be various political parties and they compete with each other through election by their philosophies, objectives and activities. The political party having the majority seats in the legislature forms the government and rest of the parties remain as the opposition parties and work as watch dog. Some political parties of Nepal Nepal Communist Party Nepali Congress Rastriya Janata Party Nepal Samajbadi Party, Nepal Rastriya Janamorcha Rastriya Prajatantra Party Constitutional provisions relating to political parties The Constitution of Nepal has made the provisions relating to political parties in part 29. Here, the provisions related to Formation, registration and operation of political parties, prohibition on imposition of restrictions on political parties, registration required for securing recognition for the purpose of contesting elections as political party and other provisions relating to political parties have been mentioned. Formation and operation of political party According to this constitutional provision, persons who are committed to common political ideology, philosophy and program may form and operate political parties, and generate, or initiate publicity in order to secure support and cooperation from the general public for their ideology, philosophy and program or carry out other necessary activity for this purpose. Registration of political party A political party must be registered in the Election Commission, and for the purpose of registration the political party should include its constitution and manifesto along with 148 SOCIAL STUDIES - GRADE 10

application. While applying for the registration of the party, the political party must fulfill the following conditions: a. Its constitution and rules must be democratic, b. Its constitution must provide for election of each of the office bearers of the party at the Federal and State levels at least once in every five years, and c. There must be a provision of such inclusive representation in its executive committees at various levels to reflect the diversity of Nepal. If the name, objective, insignia or flag of a political party is of such a nature as to jeopardize the religious and communal unity of the country or to fragment the country, that party is not allowed to be registered. Registration for securing recognition for the purpose of contesting elections as a political party Any political party wishing to secure recognition from the Election Commission for the purpose of election should register its name with the Election Commission. While applying for registration, a political party must submit its constitution, manifesto, annual audit report and fulfill the procedures determined by the Election Commission. It must mention the following descriptions in the application: a. Name of the political party and address of its head office, b. Name of the members of the executive committee of the political party or the name and address of same level committee and other members, and c. The description of income source or the source to collect the fund for the party. Prohibition on imposition of restrictions on political parties The Constitution of Nepal has prohibited on imposition of restrictions on political parties. It has also prohibited making any law or decision to allow for participation or involvement of only a single political party. Role of political parties in democracy The political parties play an important role in the following matters: Protection and promotion of national integrity and sovereignty through public support, Performing as a bridge between the government and people, Establishment and strengthening of democracy, Protection and promotion of human rights and social justice, Involvement in the works for public welfare, Creation of public awareness against social problems and evils, Facilitation in the development and construction, and Maintaining good governance. Civic Awareness 149

Role of political parties in the establishment of democracy in Nepal The political parties have played an active role to establish democracy in Nepal. Struggling with various difficult obstacles and circumstances and winning the heart of people, the political parties have established the democracy, a peoples’ rule. The roles played by the political parties in various times and their leadership are appreciable. Some of the significant roles of political parties played in the establishment of democracy in Nepal are as follows: a. Introduction of democracy The political parties like the Praja Parishad, Nepali Congress and Nepal Communist Party played important role to end autocratic Rana regime and introduce democracy after the revolution of 2007 BS. b. Participation in the general elections With the aim to institutionalize the democracy in the country, the political parties participated in the general elections held in 2015 BS, 2048 BS, 2051 BS, 2056 BS and 2074 BS. This helped to strengthen the democracy. c. Struggle against Panchayat system After the ban on political parties on 1st Poush 2017 BS, political parties kept on fighting in a secret way for decades against the undemocratic step of then King, party-less Panchayat system and for the achievement of people’s freedom and democracy. d. Restoration of multiparty democracy As a result of united movement launched by Nepali Congress, United Left Front and United Peoples’ Movement Coordination Committee, multiparty democracy was restored in 2046 BS. e. Success in Peoples’ Movement II Peoples’ Movement II succeeded with the joint effort of Seven Party Alliance and CPN (Maoist) in 2062/63 BS which restored peoples’ rights and provided the opportunity to people to be the master of sovereignty and power of the state. f. Maintenance of peace Establishment of peace in the country became possible by the consensus between political parties involved in the movement and then rebellion party CPN (Maoist). g. Promulgation of the Constitution of Nepal Political parties participated in the election of Constituent Assembly on 28th Chaitra, 2064 BS and 4th Mangsir, 2070 BS and became successful to promulgate the Constitution of Nepal on 3rd Aswin, 2072 BS. 150 SOCIAL STUDIES - GRADE 10