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OPINION

The Unequal Balance of Power: Kathmandu's Dual Standard on Rule Enforcement

In the heart of Nepal lies its bustling capital, Kathmandu. Amidst its ancient temples and vibrant bazaars, a recent surge of events has sparked a nationwide debate, bringing to light the unsettling question: Are rules only designed for those with less power? As countless citizens come forward with stories and evidence that seem to imply a biased system, the narrative is becoming hard to ignore.
By Nabraj Lama

It's an irony that while large-scale gold smuggling could operate with such impunity, an average worker returning home might be subjected to exhaustive checks for possessing basic utilities.


On October 17, 2023, Non-Resident Nepalese (NRN) were granted Nepalese citizenship, a decision lauded by many in the corridors of power. But this decision casts a long shadow over the plight of numerous lifelong residents of Nepal who remain trapped in a seemingly endless quest for citizenship. Single mothers, for instance, face monumental challenges in securing citizenship for their children.


In the heart of Nepal lies its bustling capital, Kathmandu. Amidst its ancient temples and vibrant bazaars, a recent surge of events has sparked a nationwide debate, bringing to light the unsettling question: Are rules only designed for those with less power? As countless citizens come forward with stories and evidence that seem to imply a biased system, the narrative is becoming hard to ignore.


The land-linked country, recognized for its pristine beauty and rich cultural heritage, is also grappling with intricate socio-political issues. Recent allegations suggest that while the common Nepali faces strict scrutiny, those with influence appear to maneuver with unparalleled ease, often bypassing regulations that should be universally binding.


One of the most evident manifestations of this unequal enforcement is seen in the way Kathmandu's metropolitan city interacts with street vendors. These vendors, who have become a crucial part of the city’s daily commerce and atmosphere, were forcefully removed and are still removing. City officials argue that such measures were essential to maintain order and cleanliness. However, this rigorous approach stands in stark contrast to their actions toward the more influential entities.


Consider the situation with the Tukucha river. This river, which once meandered freely through parts of the city, has become overshadowed by structures illegally built over it. The city's attempt to reclaim the river met with powerful resistance from building owners. Armed with resources and deep-rooted connections, these individuals secured a stay order from the court, stalling the city’s endeavors. This stands in sharp contrast to street vendors, who, lacking similar resources, find themselves perpetually at the mercy of regulatory whims.


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Taxation policies further exemplify these disparities. The local government’s decision regarding the Tax Deduction at Source (TDS) on house rent is particularly baffling. Logic dictates that homeowners should be the ones responsible for this tax, akin to how salary earners bear the brunt of their own income tax. Yet, it's frequently the tenants, often economically and socially less influential, who are forced to shoulder this fiscal responsibility. The underlying dynamics aren’t hard to fathom, especially when considering the political and societal sway that many landlords possess.


Moving to the realm of construction, another disconcerting pattern emerges. Private citizens are bound by a plethora of regulations when constructing homes. Every stage of the process, from the initial approval of building plans to the final completion report, is under stringent scrutiny. Yet, several governmental bodies, even institutions as august as the courts, often seem to sidestep these very regulations. This duality in standards becomes even more glaring when one considers the potential consequences of unauthorized or unsafe governmental structures.


Another poignant issue that's recently taken center stage is the matter of citizenship. On October 17, 2023, Non-Resident Nepalese (NRN) were granted Nepalese citizenship, a decision lauded by many in the corridors of power. But this decision casts a long shadow over the plight of numerous lifelong residents of Nepal who remain trapped in a seemingly endless quest for citizenship. Single mothers, for instance, face monumental challenges in securing citizenship for their children. The implications are clear – economic and political benefits potentially offered by NRNs seem to have overshadowed the rights of many native Nepalis.


The ongoing case involving Sandeep Lamichhane, Nepal's cricket star, provides yet another lens through which these disparities become evident. While the veracity of the grave allegations against him remains undetermined, the continual postponement of his trial, even as he represents Nepal in international tournaments, is noteworthy. It raises an inevitable question: Would a lesser-known individual, faced with similar charges, have been afforded the same leniency?


Amidst the myriad of concerns regarding the unequal enforcement of rules in Kathmandu, several high-profile cases further highlight the complexities of this troubling dynamic.


The issue of gold smuggling, particularly through unconventional means like vapes, captured the nation's attention for an extended period. Initial investigations unveiled an intricate web of operations, enabling vast quantities of gold to bypass security checks at Tribhuvan International Airport (TIA). But what started as a vigorous pursuit of justice took a peculiar turn. As the probe advanced, links to influential figures began to emerge, leading to a noticeable slowdown in investigative momentum. The case, once the talk of the town, gradually faded into the background, overshadowed by other news or perhaps intentionally suppressed.


Another scandal that recently rocked the nation was the Lalita Niwas Land scam. Acres of public land, meant for governmental projects and public welfare, were allegedly usurped through intricate manipulations of property records. The scale of this scandal was enormous, and the initial public outcry demanded swift and decisive action. Yet, as with the gold smuggling case, the deeper the investigations delved, the more connections to influential figures were unearthed. Gradually, the initial vigor and public clamor surrounding the case diminished, leading many to question whether power and influence were once again derailing the course of justice.


Similarly, the counterfeit Bhutanese refugee scam further illustrated this pattern. A scheme designed to exploit the vulnerabilities of genuine refugees became a major scandal. However, once links to influential individuals and networks became evident, the case, like others before it, saw its momentum wane.


This contrasting treatment becomes even more pronounced when juxtaposed against the experiences of ordinary citizens traveling abroad. Many Nepalis seeking overseas employment opportunities have reported undue scrutiny and harassment upon their return. Simple household items such as televisions, mobile phones, and laptops, which are part and parcel of modern living, become subjects of intense interrogation. It's an irony that while large-scale gold smuggling could operate with such impunity, an average worker returning home might be subjected to exhaustive checks for possessing basic utilities.


The differential treatment doesn't end at customs. The disparity in treatment of Nepalese traveling abroad is palpable right from the entrance gates of the airport. Those leaving for employment opportunities often find themselves facing undue prejudice. Their appearance, often devoid of the gloss and sheen associated with leisure travelers, becomes a marker of their socio-economic status. The simple zembra bag, in contrast to polished suitcases, becomes an unfortunate emblem of their position in society. It's a glaring irony that these hard-working individuals, who contribute significantly to the nation's economy through remittances, are often met with condescension or even disdain.


Conversely, many who travel abroad for leisure or business, often spending the hard-earned dollars sent by these very workers, are treated with a marked difference. Their journeys are facilitated, their baggage seldom scrutinized with the same intensity, and their overall airport experience is smoother. Such overt manifestations of bias not only highlight a troubling socio-economic divide but also underscore the deep-rooted prejudices that often influence policy enforcement.


Contemplating these events brings to light the intricate dynamics shaping Kathmandu's socio-political landscape. While it may seem convenient to label these occurrences as isolated missteps or bureaucratic misjudgments, when pieced together, they outline a system where influence tends to overshadow fairness. Disparities in rule enforcement, swayed by societal or economic standing, suggest a deep-seated issue that goes beyond mere administrative hurdles. Such scenarios unveil a disconcerting truth in Kathmandu: achieving impartial rule enforcement remains an uphill task. The foundational tenets of justice and equality become unsteady when swayed by influence, power, or affluence in determining investigative proceedings or regulatory application. For Nepal to thrive as a truly equitable nation, it's imperative to rectify these discrepancies.


In concluding thought, while Nepal, with Kathmandu at its heart, is revered for its rich heritage and unparalleled natural splendor, it also represents a stage where the timeless struggle between power and fairness unfolds continuously. For the nation to realize its full potential, it's vital that its rules and norms aren't just conveniences for the privileged but serve as unwavering support of justice and equity for every individual. As Nepal charts its course forward, the aspiration persists that it steps into a future where each of its citizens, regardless of their background, can assertively state their place in a righteous society.




 

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