Nepal's Social Practices (Reform) Act 2033 BS, enacted during the early years of King Birendra’s reign, has been effectively dead since its inception. The 47-year old law consists of 21 sections. Despite its enactment, none of its provisions have been implemented. On the face of it, the law intends to control extravagant and wasteful spending in social events. However, it has never come into force, or at best, remains largely ignored due to the government's indifference. The Act in question outlines strict regulations for family and social events. For instance, it limits the number of wedding attendees to 51 people. If one is to go by the law, inviting more than 25 people while marking important events surrounding birth and death rituals could result in a fine of Rs 10,000 or seven days in prison. It does not stop there. The said law also includes a provision that could result in a fine or imprisonment for decorating one's house excessively during festivals or events.
Despite its intended purpose to control extravagant spending, the law has never been implemented since its enactment. Even though it has been amended four times, no one has made an effort to make it practical. Nobody really cares. A study by lawmakers suggested that the law should be "immediately repealed." The Post-Legislative Examination Study Report of the Social Practices Reform Act 2033 recommended making the law more relevant to modern times. The National Assembly's Committee for Legislation Management conducted a study on the implementation of this law in 2077 BS and made its report public. However, that report has also been stalled rather than implemented. According to the report, the Ministry of Home Affairs prepared a new draft bill for the Social Practices (Reform) Act in 2070 BS, intending to repeal the original law as it was outdated. However, that bill was not presented to the Constituent Assembly during the previous legislature. After the second Constituent Assembly election in 2070 BS, the bill was reintroduced by the Ministry of Home Affairs in 2071 BS. In 2073 BS, a report was prepared after discussions in the relevant committee. Following the promulgation of the new constitution in 2072 BS, the Ministry of Law, Justice, and Parliamentary Affairs approved the draft of the Social Practices Reform Act 2075 BS and sent it to the Ministry of Home Affairs. However, it has not yet been registered in parliament. One fails to make any sense of the apathy even as Nepal – a Hindu Kingdom for well over 200 years, transitioned to multiparty democracy and then to a federal republic – since the enactment of that law.
Bill of surveillance
Nepali families are typically large, joint or extended. Given the society and family structures, it becomes next to impossible to "respect" the law. What's the point of having such a law in place then? The Social Practices (Reform) Act 2033 BS, despite its noble intentions, has proven to be impractical and unenforceable. The lack of political will and the inherent flaws in its content have rendered it ineffective. It is time for the government of the day to repeal this outdated law and formulate a new one based on more systematic research and modern societal needs. Only then can the law truly serve its purpose and contribute to the betterment of society. Having a radical law in place is not enough.
