The list includes single motherhood rights, the upcoming anti-bullying policy, the introduction of a consumer court and very recently, the Civil Code Act and Criminal Code Act!

Today, Nepal’s new Civil Code Act and Criminal Code Act which envision to bring major reforms in the country’s legal system, will come into play.

So, how do Nepalis benefit from them?
The Civil Code Act provisions the following:

• The law states that if a Nepali couple or a Nepali and foreigner take divorce in a foreign country, it can get legal validity in Nepal if the divorce process is based on the laws of that particular country
• It also allows a divorced women the right to use the property given by her former husband gives her, even if she remarries
• It allows a woman the right to use her father’s surname, mother’s surname, husband’s or both the couples’ surnames
• It provisions ‘usufruct’, which allows a person to transfer his/her property to somebody else. The receiving person can use the property as his/hers but cannot change the substance of the property without the owner’s consent
• It stipulates that an animal owner will be held responsible, if the animal harms a person

The Criminal code provisions the following:

• It provisions courts to enact extraterritorial jurisdiction whereby a crime is committed against a ship registered in Nepal then the courts can try the accused is he/she is found in Nepal
• It states that the punishment of offenders who are sentenced to jail for one year or less can be suspended if the court deems it fit to do so
• The new penal code sets the duration of life term up to 25 years
• There is a provision of plea bargain where an accused can get a punishment waiver of up to 50% if he/she confesses to his/her crime and also reveals other persons involved in the offensive act
• The court will decided the magnitude of punishment within a month after the committed crime is determined
• The penal code also that manipulating and misleading circumstances/factors will also be taken into consideration while declaring the sentence

According to Lawmaker Radhe Shyam Adhikari— a key person involved in drafting the laws,  lawmakers have incorporated modern concepts and principles of laws and have also involved extra territorial jurisdiction on some issues.

“These laws are as important as the constitution and in some cases, even more than the constitution because they touch upon the lives of every citizen,” Adhikari added.

Conclusion:
The two new codes will replace the 55-year old Nepal General Code.

We hope that the new laws will deliver the expected results and create a disciplined yet friendly-environment for the Himalayan Nation’s citizens.

The post Nepal Civil Code and Criminal Code Acts to Ensure Justice appeared first on Nepali Sansar.

The latest development comes as a result of the submission of The Consumer Protection Bill in the Parliament. The bill seeks to address the increasing number of customer grievances due to current market malpractices.

The members of the Parliament began discussing the bill on August 15, 2018.

According to the bill, the upcoming consumer court will be under the jurisdiction of the district court judge and will house two government officials.

Excerpts From the Discussion:
In the course of parliamentary discussions, members emphasized on the need for effective ‘consumer protection laws implementation’.

“Although consumer protection laws contain some stern measures, they have not been effective due to poor implementation,” they said.

Lawmaker Krishna Bhakta Pokhrel suggested that the aggrieved consumer’s compensation amount should be clearly stated in the new act.

Lawmaker Pushpa Bhusal said that experts should be appointed to the consumer court, instead of government officials.

Parliamentary member Ram Bahadur Bista advised that the lab tests for perishable goods should be made mandatory, before they are sold in the market.

Additional Recommendations of the Bill:

• The bill also proposes monitoring officers authorization to impose an immediate fine of up to Rs 300,000 against offenders
• Empowering the Department of Supplies Management District General to declare prison terms of up to one year to traders involved in malpractice
• Collecting fines from the Consumer Court and depositing them in the federal government’s reserve fund
• In an event where goods sold are found to be harmful, then the concerned firm will have to take them back and destroy them. Following this, consumers will also receive compensation
• The new law is also considering, making it an offence to publish misleading advertisements
• Making firms use informational food labels including a proper listing of all ingredients

According to a 2011 Department of Supplies Management – consumer survey, 53.37 percent Nepali consumers were dissatisfied with the government’s approach to ensuring consumer rights.

Majority of Nepalis voiced their concern saying that the government should establish consumer courts in major cities to serve timely justice to consumers.

Currently, the district court is the grievance-addressing body for consumer complaints.

Conclusion:
We hope that the formation of a consumer court will be able to bring about more transparency and accuracy in delivering justice to Nepali consumers.

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