Federalising the Nepal Police: A way out

Federalising the Nepal Police: A way out
Published: January 11, 2016 8:54 am On: Opinion
Madhukar SJB Rana
Change management must be made an endogenous process where we learn from our own experiments and adopt methods and their timing in tandem with our capacity to execute well as our culture and ethos
I attended a stimulating dialogue on federalising the national police in the context of the new Constitution. What transpired in the first of the dialogues with civil society, as it were, were discussions centred on the national law and regulations; present organisation; jurisdiction and authority; command, control, coordination systems; accountability and responsibility and human resource management and development.
One school represented the federalists who took the subject head on by seeking to implement the reorganisation and reforms by adhering to the various articles in the Constitution, and its schedules, using them as both guides and legal requirements.
The other school of thought questioned the veracity and sustainability of federating Nepal in the first place. It rests its arguments on the ground that this was never a demand of the Maoists who led the so-called ‘people’s revolution’ but a foreign implant.
The Nepal Police is recognised as a national asset that has made solid contribution towards nation building, national integration and national development.The Nepal Police must now explicitly incorporate as its new goals the following : promote democracy; enforce and maintain the rule of law; respect and enhance human rights; practice good local governance and providing community policing. Given these new goals one would hope that a Code of Conduct and Code of Core Values would be enunciated and rigorously practiced throughout the land in all its nook and cranny, to nourish and ameliorate the behaviour of individual police as also the various layers of its organisation. Community policing embraces a new philosophy to redress the alienation of the people from the people.
Even those solidly behind federalisation of Nepal Police were of the feeling that much remains to be done to put the Constitution into action. But hard core federalists would want the Nepal Police to be restructured right away with due emphasis on higher level of professionalism and deeper concern for the public good rather than politician’s welfare as is happening now.
It was unanimously agreed that politicisation must stop and methods found to guarantee this for an efficient and effective policing. Adoption of a Japanese style National Agency may be a way out.
My own observation on the issue of reorganising and restructuring the Nepal Police goes like this. The Nepal Police is part of a national security system. Therefore, it behooves us to determine first and foremost whether in this national security system, post civil war, requires both the Nepal Police and Armed Police Force as separate entities? In short, we need a holistic exercise on national security policy formulation and subsequently designing of a National Security Council and their incorporation in the Constitution. True, it gives space to a National Defense Council which by all accounts is not quite the same thing as a National Security Council. In the latter, we seek to address issues not just of state security but also cover issues related to food security, energy security, water security, health security, ecological security, human security and disaster management.
Peace, order, security and stability are all matters of concern for the Nepal Police as it is equally for other security agencies, including the Central Intelligence Department (which should be, it is suggested here, incorporated in the Constitution as a National Intelligence Agency with its own investigation bureau with jurisdiction over both central and provinces authorities). We should create a Japan style, or as relevant, National Police Agency to protect the Nepal Police from perverse politicisation. We could give full autonomy to the IGP to execute the Police Regulations as he deems fit autonomously: but be transparent and annually account for his performance.The National Police Academy should be made a national centre of excellence and called upon to re-engineer and modernise itself with a new mission to promote professionalism on par with international standards and also be capable of inviting officers from around the world to learn from Nepal policing.
Finally, it is recommended that a two pronged approach to restructuring and reorganisation be executed. At the central level, the Nepal Police adjust itself in line with a SWOT analysis and a thorough diagnosis of internal security threats arising within a federal parliamentary system.
Any rash move to introduce a top down change management process, based on externally provided ideas, will turn Nepal from a weak and failing state to a failed state with unimaginable chaos, disorder, anarchy, insecurity and lack of public safety. Never seen instability will result in direct foreign intervention to safeguard the neighbours’ self interest from destabilising the region. The Lebanonisation of Nepal is a distinct possibility.
This bottom up change management process must adopt the consultancy approach as opposed to the usual applied research approach where national and local actors are given no say, whatsoever in the change management process. Change management must be made an endogenous process where we learn from our own experiments and adopt methods and their timing in tandem with our capacity to execute well as our culture and ethos.
Rana is Professor SAIM and a former finance minister
A version of this article appears in print on January 11, 2016 of The Himalayan Times.

Policing in Nepal: Paradigm shift needed

The Himalayan Times > Opinion > Policing in Nepal: Paradigm shift needed
Policing in Nepal: Paradigm shift needed
Published: September 28, 2018 10:18 am On: Opinion
Govind Prasad Thapa
Nepal Police faces some organisational problems, but more importantly there is a nexus between police, politicians and criminals, which has not only weakened law enforcement bodies but also impacted crime investigation and justice delivery.
Nepal Police has a history of being nourished by “freedom fighters”. Therefore, it is still overwhelmed by regimental character. Some South Asian police also carry the colonial culture of policing—enforcing the will of the government rather than acting as law enforcers. In colonial era, the police used to be a force that could quell any political rebellion.
The primary function of the police was maintaining law and order. Prevention and detection of crime were almost an extra function and intelligence gathering was prioritised as a means of “keeping the rulers informed about the activities of opposing parties or dissidents”. So it had to be extremely hierarchical, strictly disciplined and militaristic. Now these types of mindset have to change.
Nepal Police has some organisational problems which require immediate redress. This article discusses three such problems—administration and management, crime investigation and insulation of police from political influence. The government, through due political processes, makes laws and by-laws for police. There are hardly any grudges against this. However, there is no established mechanism in Police Act 1955—or policy in practice—that indicates the limits of political “supervision” and “control” of the police force or any mechanism as such to issue “directives” to police. There is no any specific role of the Ministry of Home Affairs defined in relation to the police administration. As a result, sometimes appointments, transfers and promotions within the police force have been an issue of public ire.
Political influences on these matters lead to sponsored hegemony and patronage on the one hand, and uncertainty, insecurity and despair among the police, on the other. It is for this reason that a long-term and effective arrangement needs to be made to address such problems.
Investigation of criminal acts and maintaining law and order are two vital and specific police functions. There come some moments, as in recent rape and murder of Nirmala Panta case, when police are criticised for their failure to investigate criminal offences scientifically. The perpetrators can only be served proper punishment through rightful investigation by police, which must be supported by corroborated evidences. Any police investigator who fails to this duty should not be given such responsibilities. Today’s policing depends more upon intelligence rather than other physical logistics. This valuable intelligence is attained through relentless hard work and research endeavours. Many police officers lack these.
Criminal intelligence is the backbone of policing. However, many police departments pay less attention to its progressive development for proficiency. The culture of developing criminal intelligence requires commitment, dedication and relentless investment in terms of painstaking labour, time and resources. It is an age of science therefore the police must keep abreast with the modern technology. Nepal Police has a separate crime investigating department. However, the manpower lacks orientation and skills to carry out the job. Personnel from various other police units, who have different job nature, are transferred to crime investigating agency. In order to encourage specialisation and upgrade overall performance of the police in indisputable manner, the Crime Investigation Bureau must have separate police personnel system. Additionally, police have been criticised for the lack of collaboration, sharing of intelligence and cooperation across the separate policing jurisdictions. At times this failure has directly jeopardised investigations that smother justice.
One of the major problems in Nepal is the criminal-police-politician nexus. Criminal elements thrive on wrongdoings and they need someone to stop the police from getting into action. They also need the co-operation of bureaucracy to regularise their illegal activities. Police and bureaucrats are also in need of political patronage to ensure “comfortable” postings and “smooth’ advancement in career. As a result, a symbiotic relationship is created between criminal elements, police and politicians. When a politician reaches a particular stature and develops a clout, he dictates his terms to police and bureaucracy much to the delight of criminal elements. The bond becomes stronger and they cannot survive without the help of each other and then comes a stage when all of them become members of an “organised criminal gang”. They are so powerful that they can affect bureaucracy, muzzle press and even influence judiciary.
Since police and bureaucracy act as catalysts for the growth of the nexus between politicians and criminal elements, it is necessary to set them apart. To make the police and bureaucracy people-oriented and to make them act without fear or favour, control of politicians over them should be carefully structured. The formation of an apolitical body to administer internal affairs of police could be one way to check irregularities in police. This arrangement will not only protect police from political hegemony but also make them accountable and justice accessible. It will also strengthen rule of law and democracy in the country.
Thapa, a retired additional inspector general, is associated with Centre for Security and Justice Studies
A version of this article appears in print on September 28, 2018 of The Himalayan Times.

How safe is our sky?

How safe is our sky?
Published: March 17, 2019 12:00 pm
On: The Himalayan Times, PERSPECTIVES
Kathmandu
Although air travel is considered a relatively safer means of transportation globally, Nepal has unfortunately been marred with frequent cases of airplane accidents. The country’s difficult terrain and fluctuating weather are mostly blamed for the air accidents. However, aspects such as updating advanced technology, providing safety training to all stakeholders, regular monitoring of airplanes and following air safety regulations can play a significant role in reducing the frequency of air accidents in the country.
Existing challenges
As per the data of Civil Aviation Authority of Nepal (CAAN), 48 multi-engine aeroplanes and eight single-engine aeroplanes have crashed in Nepal from November 5, 1960 to June 9, 2018. Similarly, 33 helicopters have crashed from December 27, 1979 to February 27. The number of accidents of foreign registered aircraft stood at nine in between August 30, 1995 to March 12, 2018 and accidents of recreational aircraft remained three from October 3, 2013 to November 23, 2016. With this, the total number of accidents till date stands at 100 with 812 casualties altogether.
The country’s difficult terrain makes it tough for pilots to fly passengers safely to their destinations. Domestic aircraft and helicopters have to fly between steep hills and it is difficult to land safely at short takeoff and landing (STOL) airports.
“Since Nepal is a mountainous country, it has many high altitude regions, which makes air travel quite risky. Our terrain requires pilots to have years of expertise to fly over hills and mountains to become habituated with different flying situations,” says Rajan Pokharel, Director General at CAAN.
Human errors
“Through our research, we have found that the majority of air accidents take place due to pilots’ mistakes. Pilots are the ones who have to take full control of the aircraft, and the situation under control. Lack of expert pilots has severely affected the aviation sector,” says Ghanashyam Acharya, Spokesperson at Airlines Operators Association of Nepal (AOAN).
According to Acharya, in order to enhance flight safety during operation, ground training of pilots should be conducted regularly, which will provide them with various operating situations, thus infusing sufficient knowledge about flying in risky scenarios.
“Mandatory ground training in adverse weather effects of the pre-monsoon and monsoon and situational awareness help pilots to make good decisions,” he adds.
“Similarly, weak aviation regulations, use of old aircraft, lack of monsoon training, lack of coordination between air traffic control room and pilots’ over-confidence have contributed to air accidents in the country,” says Acharya.
“Hence these things need to be properly looked into by all the operators to improve the country’s air safety condition,” he adds.
Impact on tourism
The European Union (EU) banned all Nepali airlines from flying into the 28-nation bloc in 2013 citing lack of air safety in Nepal. Things can become worse with the recent high-profile helicopter crash, which killed the Minister of Culture, Tourism and Civil Aviation Rabindra Prasad Adhikari along with other veterans of the country’s tourism sector.
Deepak Raj Joshi, CEO of Nepal Tourism Board (NTB), says, “It is a great loss to the country, which has set an ambitious goal of drawing two million tourists through  the Visit Nepal 2020 mission.”
According to him, the EU travel ban has hampered Nepal’s national flag carrier’s plans to operate wide-body aircraft to Europe and the recent air accident can further prolong the ban.
Similarly, last year’s US-Bangla Airlines plane crash at the Tribhuvan International Airport (TIA) has raised big questions about the country’s sole international airport’s capability to manage air traffic properly, which can lead to foreigners doubt their safety while flying into the country. Similarly, air congestion and runway cracks have been the never-ending woes of passengers at TIA.
“To minimise the current problems, we have been upgrading the runway track and have already made terminals for parking more planes to ease air traffic. Moreover, work on three national pride projects namely the Gautam Buddha International Airport, Pokhara Regional International Airport and Nijgadh International Airport are still ongoing,” says Raj Kumar Chhetri, General Manager at TIA. According to him, upon completion of these airports, TIA will see comparatively less traffic, which will reduce managerial challenges and provide maximum safety assurance for tourists visiting the country.
Silver lining
As Nepal failed to maintain aviation safety, the International Civil Aviation Organisation (ICAO) blacklisted Nepal in July 2013 and the EU banned Nepal’s airlines from entering its airspace on December 5, 2013. However, the ICAO removed Nepal’s aviation from its blacklist on July 20, 2017, which has to some extent given relief to the country’s airline companies.
“There are many causes for airplane crashes and judging the overall sector from the mistakes of a few airline operators is not logical. The lifting of ban by ICAO clearly demonstrates our adherence to the international air safety norms,” Pokharel claims.
Similarly, according to Pokharel, CAAN has been in continuous touch with the officials of the EU and has been requesting the European Commission to review its position on Nepal’s aviation sector.
“The ICAO’s move to remove Nepal from its blacklist has already sent a positive message to the international community that our aircraft are safe to travel in, and now they should also lift the ban soon,” he adds.
“The technicians of the ground team have been regularly checking and monitoring the domestic aircraft before they take off in order to ensure safety,” adds Chhetri.
Unhealthy competition
However, it is an undeniable fact that accidents are happening indicating that our skies are unsafe and that’s due to unhealthy competition as well, as per the stakeholders.
“Many domestic airlines seem to have prioritised profit over safety issues, which has been one of the reasons for increased accident cases in the country,” says Pokharel.
“The lack of new aircraft, which are suitable for the difficult terrain of the country, is causing issues. Nepal Airlines Corporation (NAC), which is the sole national airline with long-haul flights, has been mired in managerial challenges and the government is not doing anything about it,” Acharya points out.
Due to lack of radar connectivity, pilots flying above rural areas have to rely on their own knowledge to track the route, which is very dangerous. “Keeping this in mind, we have installed traffic control towers in every airport which give pilots information about wind speed, weather pattern among other important information,” says Pokharel.
Unmanaged runways in the country’s rural airports have been one of the main hindrances in ensuring safe landing which is why “we have been paving runways at several regional airports and have been installing advanced radars and equipping  air traffic control centres with modern tools for ensuring air safety” as per Acharya.
Even post-crash investigations take a lot of time and they don’t establish the truth behind the crash, as the companies manipulate the investigations to protect themselves from being blamed.
However, Pokharel defends, “Things have changed now as investigations are done seriously and the real culprits won’t be spared.”
Improvement needed
According to Pokharel, all the airlines operating in the country need to be honest and follow international air safety norms such as not carrying passengers and goods beyond capacity, avoiding bad weather and monitoring all the activities related to air transport on a timely basis, among others.
“CAAN has strictly issued air safety regulations to all airlines operating in the country, which require them to train their overall manpower apart from conducting regular medical check-up of the flying crew. Airline companies found not following our guidelines will be punished as per the law,” he adds.
“In order to address aviation-related problems faced by the country, CAAN organised the Aviation Safety Campaign on August 12, 2018 wherein aviation experts from both Nepal and abroad shared important knowledge about the aviation sector and ways to ensure aviation safety,” says Pokharel. According to him, CAAN is currently working on development of airport infrastructure, upgrading and strengthening of communication, navigation, surveillance and air traffic management systems in all the airports in the country.

A version of this article appears in print on March 17, 2019 of The Himalayan Times.

संगिनीलाई साथ

संगिनीलाई साथ
चैत्र ७, २०७५रमेशचन्द्र अधिकारी
धनकुटा — पुर्खाले सिर्जेको यो नेपाल देशआफ्नै संस्कृति प्यारो छ भेषजोगाऔं संस्कृति...कमला दाहालसहितको समूहले यसरी लय हाल्दै गाउनासाथ गोलबद्ध रहेका महिला नाच्न थाल्छन् । यो संगिनी नाचको शैली हो ।
घुमाउरो गरी बसेकाहरू हात र खुट्टाको हाउभाउ मिलाएर एकै स्वरमा नाच्नुपर्छ संगिनीमा । यी महिला भने लोपोन्मुख बनेको नेपाली लोक संगीत ‘संगिनी’ जोगाउने अभियानमै छन् ।
पछिल्लो पुस्ताले पछ्याउन नसकेको संगिनी नृत्य संरक्षण गर्न धनकुटा नगरपालिका १ का महिला जुटेका हुन् । खासगरी विवाहमा रत्यौली, धार्मिक उत्सव, पूजाआजामा परम्परागत रूपमा यो नाच नाचिने हिलेकी कमला दाहालले बताइन् । उनका अनुसार विभिन्न ऐतिहासिक तथा धार्मिक घटना क्रम, धार्मिक ग्रन्थका श्लोक समेटेर नाचिने संगिनी पछिल्लो समय वीरगाथा, जाँगरमूलक र राष्ट्रिय भावनाका शब्दलाई गीतमा उन्ने गरिन्छ ।
‘अहिलेको पुस्ताले संगिनी नृत्य के हो भन्नेसमेत बुझ्न नसक्ने अवस्था छ,’ उनले भनिन्, ‘त्यही भएर हामीले अभियान नै थालेका हौं ।’ कुनै समय संगिनी नाच जिल्लाका सबैजसो थलोमा लोकप्रिय थियो । तर, पछिल्लो समय संगिनी नाच्ने एकदमै कम भेटिन्छन् ।’
यस्तो अवस्थामा स्थानीय महिलाहरू प्रवर्द्धनमा लागिपरेका हुन् । हालैको दिन एउटा हिले बजारमा नाच्दै गरिरहेका बेला भेटिएकी जमुना घिमिरेका अनुसार स्थानीय स्तरमा हुने विवाह, धार्मिक कार्य तथा विशेष समारोहमा उनीहरूको समूहले संगिनी नृत्य प्रस्तुत गर्दै आएको छ । यसमा मनोभावदेखि एकअर्काबीचको संवाद गीतमार्फत नै गरिन्छ ।
जेठा र दाजु नि नुहाउन गाका
शिव हौ हरर, जेठानी भाउजू
नुहाउन जाँदा साथैमा सरर..
यस्ता शब्द सुरुमा एक/दुई जनाले लामो स्वरमा खिपेर गाएपछि सहभागी सबैले फन्को मार्दै गीतको भाकामा साथ दिनुपर्ने समूहकै जानुका पोखरेलले बताइन् । ‘एकातर्फ मनोरञ्जन र अर्कोतर्फ संस्कृति जगेर्ना,’ उनले भनिन् । यो समूहले गुन्यूचोली र एकै प्रकारको ओढ्ने ओढेर संगिनी प्रस्तुत गर्छ ।
‘कम्तीमा पछिल्लो पुस्तासम्म यो नृत्यलाई सिकाउने हाम्रो प्रयास हो,’ स्थानीय तुलसा थापाले भनिन्, ‘चासो जगाउन सकिन्छ कि भन्ने आशा पलाएको छ ।’ हिले लगायत धनकुटा बजार आसपासका बस्ती तथा चौबिसे क्षेत्रमा पनि संगिनी नृत्य लोकप्रिय बन्दै गएको स्थानीय सरिता बरुवालको दाबी छ । प्रकाशित : कान्तिपुर, चैत्र ७, २०७५ ०८:४४

प्रहरी समायोजन दुई तहमा

प्रहरी समायोजन दुई तहमा
चैत्र ७, २०७५राजेश मिश्र
काठमाडौँ — सरकारले ७० हजार हाराहारी नेपाल प्रहरीलाई दुई तहको संरचनामा समायोजन गर्ने तयारी गरेको छ । निजामती सेवाका कर्मचारीको तीन तहमा समायोजन प्रक्रिया अन्तिम चरणमा पुगेका बेला सरकारले प्रहरीको समायोजन प्रक्रिया अघि बढाउन लागेको हो ।
रहरी कर्मचारीहरू संघ सरकारमातहत रहने नेपाल प्रहरी तथा प्रदेश सरकारमातहत रहने प्रदेश प्रहरीमा समायोजन हुनेछन् । गृह मन्त्रालयले प्रहरी कर्मचारीलाई नेपाल प्रहरी तथा प्रदेश प्रहरीमा समायोजन गर्ने सम्बन्धमा व्यवस्था गर्न बनेको विधेयक संसद् सचिवालयमा दर्ता गराइसकेको छ । संसदबाट उक्त विधेयक पारित भएपछि समायोजन सुरु हुनेछ ।
समायोजनपूर्व नेपाल प्रहरी र प्रदेश प्रहरीको सांगठनिक संरचना कस्तो हुने, केन्द्र र प्रदेशपिच्छे प्रहरीको दरबन्दी कति आवश्यक पर्ने भन्ने यकिन गरिनेछ । केन्द्र तथा प्रदेश प्रहरीको संगठन संरचना तथा दरबन्दी नेपाल सरकारले निर्धारण गर्नेछ ।
यसअघि प्रशासनिक संरचना तथा कर्मचारीको दरबन्दीसमेत नेपाल सरकारले निर्धारण गरेको थियो । केन्द्रले ठूलो संख्यामा केन्द्रीय निकाय तथा विभागस्तरका कार्यालय आफैंसँग राखेको साथै कर्मचारीको ठूलो हिस्सासमेत केन्द्रमै राखेकोप्रति प्रदेश सरकारहरूले असन्तुष्टि पोख्दै आएका छन् ।
गृहसचिव संयोजक रहने संगठन तथा व्यवस्थापन सर्वेक्षण समितिमा प्रदेश सरकारका तर्फबाट कसैको प्रतिनिधित्व गराइएको छैन । समितिमा नेपाल प्रहरीका एकजना अतिरिक्त प्रहरी महानिरीक्षक, प्रधानमन्त्री कार्यालय, अर्थ मन्त्रालय, कानुन मन्त्रालय तथा गृहकै एक–एक जना सहसचिव सदस्य रहने व्यवस्था विधेयकमा गरिएको छ ।
उक्त समितिले संघ वा प्रदेशको शान्ति सुरक्षा तथा व्यवस्थापनका लागि गर्नुपर्ने कार्य र औचित्यको अध्ययन गर्नेछ । सोही आधारमा नेपाल प्रहरी तथा प्रदेश प्रहरीको संगठन र दरबन्दी निर्धारण गरी सर्वेक्षण प्रतिवेदन तयार गर्ने विधेयकमा उल्लेख छ ।
प्रदेश प्रहरीमा कायम हुने नेपाल प्रहरीको दरबन्दी र पदसमेत सोही समितिले यकिन गर्नेछ । गृह मन्त्रालयले प्रहरी निरीक्षकभन्दा माथिको पद नेपाल प्रहरीको दरबन्दीमा कायम रहने गरी प्रहरीसम्बन्धी अर्को विधेयक यसअघि नै संसद्मा पेस गरिसकेको छ ।
नेपाल प्रहरी र प्रदेश प्रहरीले सम्पादन गर्ने कार्यको सञ्चालन, सुपरिवेक्षण र समन्वय सम्बन्धमा व्यवस्था गर्न बनेको विधेयकको दफा १४ (१) मा राजपत्रांकित द्वितीय श्रेणी वा सोभन्दा माथिल्लो दर्जाको प्रदेश प्रहरी पदमा नेपाल प्रहरीको दरबन्दी कायम गरिने भनिएको छ ।
सोही प्रावधानसहित विधेयक पारित भए प्रहरी निरीक्षक र सोभन्दा मुनिका प्रहरी कर्मचारी मात्रै प्रदेश प्रहरीमा समायोजन हुन योग्य हुनेछन् । प्रहरी निरीक्षकभन्दा माथिल्लो दर्जाका प्रहरी कर्मचारी प्रदेश प्रहरीमा कामकाजमा खटिए पनि तिनको दरबन्दी नेपाल प्रहरीमै रहनेछ ।
नेपाल प्रहरीमा यकिन भएका सांगठनिक संरचनाको दरबन्दीमा समायोजन भएपछि बाँकी रहेका प्रहरी कर्मचारीको दरबन्दी नेपाल प्रहरीको पुल दरबन्दीमा रहनेछन् । उनीहरूलाई आवश्यकताअनुसार प्रदेश प्रहरीमा खटाइने प्रावधान विधेयकमा छ ।
प्रदेश प्रहरीमा समायोजन भएर जाने प्रहरी कर्मचारीको तलबमा दुई ग्रेड थप, कम्तीमा दुई वर्ष सेवाअवधि थप, प्रदेश प्रहरीको रिक्त दरबन्दीमा बढुवाको अवसर, पति–पत्नीलाई एकै प्रदेशमा पर्ने गरी समायोजनजस्ता सुविधाको प्रस्ताव विधेयकमा गरिएको छ ।
समायोजन भएर प्रदेशमा गएका प्रहरी कर्मचारीको नेपाल प्रहरीको पदमा पदोन्नतिको अवसर पनि सुरक्षित गरिएको छ । उनीहरूले नेपाल प्रहरीमा आउने वैदेशिक छात्रवृत्ति, तालिम, सेमिनारजस्ता अवसर पनि आवश्यकताअनुसार पाउनेछन् ।
समायोजनमा गएकाबाहेक प्रदेश प्रहरी संगठनमा जाने अन्य तहका प्रहरी कर्मचारीलाई अवधि तोकेर प्रदेश प्रहरीमा खटाउन सकिने व्यवस्था विधेयकमा छ । समायोजन भएका वा त्यसरी अवधि तोकिएर प्रदेशमा खटाइएका प्रहरी कर्मचारीलाई प्रदेशभित्र सरुवाको अधिकार प्रदेश सरकारलाई दिइएको छ । प्रकाशित : कान्तिपुर, चैत्र ७, २०७५ ०७:३३

Rite of reform

Rite of reformFederalisation means devolving power from the Nepal Police’s central command structure to local state units
- GOVIND PRASAD THAPA
The new constitution of the Federal Democratic Republic of Nepal aims for a complete transformation of governance, a paradigm shift from a unitary system to the devolution of power. The proposed transference of power also concerns the Nepal Police, which has long been centrally governed with all executive powers vested in the central government. Police organisations hold a few basic principles as sacred—compliance with the constitution, neutrality, accountability, democratic governance, professional efficiency, smooth chain of command, and cost effectiveness. The federal character of the new police system envisions a coordinating, supporting and counseling role, than a controlling one. However, there are number of issues that will require exhaustive discussions and rational decision making.
The Nepal Police has so far been a national agency with a central command structure. The Government of Nepal had the “power to exercise supervision over and control the Police Force, and issue directives to the police.” The authority of command and control were vested with the Inspector General, who was accountable to the Home Ministry. Now, this organisational set-up will change, with the division of the Nepal Police into federal and state police.
Paradigm shift
Article 268 of the new constitution has following provisions regarding the police: “(1) The Federation shall have Nepal Police, Armed Police Force, Nepal and National Investigation Department. (2) Each State shall have a State police organization. (3) Matters relating to the operation, supervision and coordination of functions to be discharged by the Nepal Police and the State police shall be as provided for in the Federal law and (4) Other matters relating to the Nepal Police, Armed Police Force, Nepal and National Investigation Department shall be as provided by the Federal law.”
Thus, Nepal Police, Armed Police Force, Nepal and National Investigation Department will exist as national agencies, along with state police in each state. Sub-article (3) and (4) clearly mention that “federal law” will be in force for “operation, supervision, and coordination of functions to be discharged by Nepal Police and State police.” A federal act will, thus, administer both federal and state police while allowing states to come up with their own state police regulations.
Furthermore, Schedules 5, 6, 7 and 8 elaborate on the powers of the federal and state government when it comes to the police and other security agencies. Schedule 5 contains a list of federal powers: “Relating to defence and military (a) Protection of national unity and territorial integrity (b) Relating to national security; War and defence and Arms and ammunitions factories and production thereof, Central Police, Armed Police Force, National Intelligence and Investigation, peace, security.”
Similarly, Schedule 6 contains a list of state powers: “State police administration and peace and order, State highways, State bureau of investigation” while Schedule 7 contains concurrent powers of federation and state: “Preventive detention for reasons connected with the security of the country, prison and detention management, and maintenance of peace and order; Transfer of accused persons, detainees and prisoners from one State to another State”. Schedule-8 lists local level powers: town police and disaster management.
Command and control
Around the world, the police have different means of control mechanisms in place: central, shared and independent control. Federalising the police cannot be done as easily as other government agencies. The nature of crimes and duties across national and international boundaries dictate the structure of the police and as such, is different from civil, health, revenue, education, law, justice and financial services. Policing is guided by social, geographical, economic, and political systems. In our context, the Nepal Police has always been a part of the evolution of modern society. However, the police too has been a victim of political interference in day-to-day police administration. It would be prudent to think of insulating the police from politicization, perhaps with the formation of an independent body of security experts—akin to Japan’s National Public Safety Commission—which could check irregularities in police administration.
Coordination among the new police agencies is going to be paramount. The federal police will be necessary for investigations in cases of an inter-state and international nature. There may be occasions when the federal police will have to intervene in high profile political and international organised crimes. Similarly, cases of national security should also be investigated by the federal police.
Local-level police units play also an important role. Local police stations should be given responsibilities to generate better intelligence and take ownership for public cooperation, consolidating links between the community and the police, which is a lifeline for the enforcement of laws.
The full fledged implementation of federalisation will only be possible when there are adequate policies and infrastructure to run the state police independently by the states. With the current policies, laws and infrastructures available in mind, federalisation of the police at this current moment could be counter-productive. Therefore, it would be prudent to begin the devolution process in phases—beginning with the easiest one first.
Thapa is retired Additional Inspector General of the Nepal Police and is currently associated with the Centre for Security and Justice Studies.
Published: 03-09-2018 07:55
https://kathmandupost.ekantipur.com/news/2018-09-03/rite-of-reform.html

Paubha or Thanka Painting of Nepal

Paubha or Thanka Painting of Nepal
Min Bahadur Shakya
The origin of Buddhist art of painting
The earliest Buddhist art may be traced back to the Buddha's lifetime although some art historians are of the view that it originated some centuries after Buddha's great Parinirvana. We find many exegetical references to strengthen evidences in the Sutra texts ie Vinaya and Tantra, including Manushrimulakalpa and so on.
It appears that Buddha himself considered painting to be an important subject as he mentioned methods of painting in sutras such as Buddha Pratimalaksana sutra. This is apparently a very late Buddhist text – perhaps after 10th century AD. These scriptures explain how to make the image of deities and spiritual figures.
Two kings of Magadha, Bimbisara and Udrayana wee, very close friends and they would often exchange gifts. Once, when Udrayana, King of Vatsa sent a priceless gift to his friend, King Bimbisara responded by deciding to send a painted scroll of the Buddha. But when the artist began to look at the Buddha, they were so overwhelmed by the splendor and light emitting from his body that they could not draw his image. Once seeing this Buddha cast his shadow on a sheet of cloth and advised the artists  to trace it. This supposed to have been the first painted figure of the Buddha.
Similarly, at one time, the Buddha, residing in the Nyagrodha Grove at the city of Kapilvastu, was teaching the Dharma to thousands, including his father Suddhodana, and queen Mahaprajapati, accompanied by her attendants. Mahanama, the Shakya asked Buddha to teach his wife obstinate and haughty Sashiprabha. While Buddha was teaching, Sashiprabha asked her slave girl Rohita to bring her pearl necklace to show up her beauty. While she was rushing to get pearl necklace back, she was struck by a cow, and died instantly. She was reborn in Srilanka as a princess called Muktalata. Showers of pearls fell down when she took birth therefore named as Multalata( The pearl creeper) when a group of merchants was traveling to Sri Lanka, they began to chant a hymn dedicated to Lord Buddha. Princess Muktalata, hearing the songs of the Buddha, called the merchants to take offering back to Buddha. Lord Buddha accepted the offerings with pleasure. Lord Buddha in return sent a cloth painting of himself inscribed with some teachings to Princess Muktalata. She saw the portrait and deep faith arose in her for the Buddha and consequently realized the truth and attained the sate of stream entry (skt: strotapanna). Later, it came to be know as the portrait of "Rasmimuni" ie (Radiant Saint). It is said to be the second portrait during the lifetime of Buddha.
History of Nepalese painting
To trace the history of Buddhist art in Nepal in the pre-Lichchavi period is quite a difficult task due to the lack of documentary evidence. Nepalese history is documented only after 464 A.D., the date of a stone inscription at Changu Narayana. However, the Licchavi Period (400-880 A.D) is said to be the golden age of Nepalese art. Several very beautiful sculptures dating from this period have been found. For example Padmapani Bodhisattva image at Srigha vihara dating 550 A.D is the one best example. Unfortunately, not a single painting from that period has been found.
It is well known that Buddhist art was introduced into Tibet from Nepal in the 7th century when Srong-btsang sgam-po (617-650 AD) married the Nepalese princess Bhrikuti Devi. The presence of Newar artist in Tibet from the early 7th century to the mid – 9th century is frequently noted in Tibetan historical works. Furthermore, "It is fairly certain that there were trading connections between Nepal and Tibet long before the Tibetans became a recognized political power". At Lhasa itself, local traditional maintains that the "Phrul-snang or Jokhang was built by Princess Bhrikuti, the Nepalese wife of Srong-btsang sgam-po.
The Mani Kabum mentions that Nepalese artists, commissioned by King Srong-btsang sgam-po, produced the statue of eleven-faced Avalokitesvara together with statues of Bhrikuti, Arya Tara, Marici, Sarasvati, Hayagriva and many others in Jokhong Temple of Lhasa. For example, Srong-btsang sgam-po "commissioned the celebrated Nepalese craftsman Khre-ba to have 11 images of Avalokitesvara made which were to be same sizes as the king himself." The Chronicle of the fifth Dalai Lama also refers to the presence of Nepalese artist in Tibet at the time of the early kings. Many skillful artists were called from Nepal to Tibet where they developed a unique artistic tradition.
According to Sir Arel Stein, Nepalese artists painted part of fresco one of the caves at Dunhoung. If Stein's judgment is correct, then its date can be assigned to 775-825 AD. Certainly, more research is needed in this case.
During the time of Tri-Ralpacan, (806-838) the art of painting in Nepalese-style was introduced into Tibet. While constructing the Buddhist monastery "Tashi Gephel", he employed many Nepalese artists for painting in their Nepali style. Thus, on account of these artisans, the art of painting in Nepali style thrived in Central and upper Tibet.
Another trend of Nepalese style of painting became prominent  during the time of Yuan dynasty (1271-1368) in China. Most were commissioned by the Sa-skya-pa school of Tibetan Buddhism. While there are traces of Bengali-style painting in the murals of Zhwa-ly monastery, the majority of 13th century paintings found in Sa- skya monasteries are in Nepalese style.
In 1260, Kublaikhan, the great ruler of China and suzerain of the Mongol states and Tibet, asked his spiritual preceptor, lama 'Phags-pas (1235-1280) , to erect a golden pagoda in Tibet. He extended invitations to over one hundred Newar artists. The King of Nepal, Jaya Bhima Malla (1258-71) managed to gather only eighty of them.
Arniko, although only seventeen years of age, was chosen to lead the expedition. Arniko was accomplished draughtsman, painter, modeler and metal caster. The erection of Golden Pagoda was accomplished under his direction in the year 1262. After its completion he was invited to visit Beijing to construct a White Pagoda. He manufactured several images and created paintings and developed a unique system of art blending Newar and Chinese styles.
Arniko introduced Nepalese artistic styles into Chinese culture. Some of his outstanding paintings and sculptures are
Portrait of Emperor Kublaikhan and empress Chabi
Painting of Green Tara: Now preserved in the Cleveland Museum of Art, USA
Mahakala sculpture: dated 1292
Lacquor Bodhisattva
Image of Manjusri
The tradition of Arniko lasted for a long time among Buddhist sculptors in China and is still upheld in the introduction to an 18 century iconometric treatise, the Zaoxiang Duliang Jinjie, by the Mongolian scholar Gon-po skyabs(1690-1750).
Newars a prolific Mandala Makers
In the 15th century, the Tibetan Master Anandabhadra (Kun-dga bzand-po), founder of Ngor monastery, invited Nepalese artists to embellish Ngor's chapels.  In 1429 A.D.,  Nepalese artists decorated the chapels of Ngor Monastery with mandalas, patas and portraits of the Sa-skya-pa school.
It is also known that the entire series of Vajravali mandalas at E Vam chos idan gyi ri khrod were painted by skilled Nepalese artists.
Dr P.Pal writes:
"Monasteries of the Sakyapa religious order in Tibet seemed especially partial to Nepali craftsman. After the 12th century, when most of the Buddhist Monasteries in India were destroyed, Nepal filled the vacuum for a time for the Tibetans. "
The sMan-bris school of art
After the fall of Bengal following the Islamic incursions of the 13th century, most monasteries in the Bengal and Bihar were abandoned. Thereafter, Buddhist art was no longer produced in these regions. A survey of Buddhist Paubha paintings of the Malla period until the 17th century reveals only slight Indian influences.
According to A.W. Macdonald and Anne Vergatui Stahl, the Bal-ris movement developed in south Tibet, in the area around Gyantse, in the 14th and 15th centuries, Bal-ris means "Nepalese drawing".
Manla Dhondup (b.1440) began to live in Tsang in southern Tibet. There he met a Nepali artist named "Dopa Tashi" who was exert in Nepalese style. He studied under the guidance of Nepali artist with great enthusiasm. After studying, although he kept the proportion of image, portrait and stupa as before, made a slight change in the standard of portions in various designs, religious motifs, colors and compositions, and developed a new pigmentative style in Tibet, since then the art, which was known as Manri became popular in Tibet. Manla became his major disciple and learned the Nepalese style of art from Dopa Tashi Gyalpo.
Later, the sMan-gsar, mKhan-bris and sgar-bris styles of art were developed successfully. Although these schools vary from each other in style, all of them principally follow the iconometric canons. Nepalese artists have been popular with the Tibetans over the centuries, and were used extensively as late as 1447, as documented in Gedun drub's construction of Tashi Lhunpo monastery.
Although in its early stages Tibetan thangka painting was highly influenced by Nepalese style, after the 16th century, marked differences between the two styles began to appear.
In any discussion of Newar painting, we cannot overlook the impact of Indian styles, especially Rajput and Moghul, from the 17th century onwards. There are several examples of Newar Paubhas, especially long scroll paintings, in which Indian influences are evident. A paubha painting is sacred art and is extremely difficult to appreciate without a proper understanding of the religious symbolism they employ.
The impact of Newari art was extended not only to Tibet but also to China. A group of Thangkas bear Chinese Inscription of the Ming period corresponding to the 1474, 1477, 1478, 1479 and 1513. These paintings and related xylographs, dating from 1410 and 1426, have been studied and illustrated by Lowry who points out many unique Newar stylistic features.
E.F. Lo Bue claims that Newar influence on Chinese sculpture and painting was not limited to the Yuan period (1279-1368), but continued during the Ming period, not only under the Yongle emperor, but also under his successor, as is demonstrated by the dates in the inscription mentioned above.
Newar artist worked in Tibet and brought back to Nepal several paintings which had been executed in Tibetan monasteries. Today in Nepal there are several examples of Newar Paubha paintings which were executed in Tibet. Newar paintings were influenced by the Tibetan style from the 17the century onwards, i.e., a Tibeto-Newar style developed.
An enlarged pantheon enabled the Newar Artist to paint freely, drawing on imagery from meditation manuals such as the Sadhanamala and Sadhanasamuccaya.
It is hard to differentiate between Newar Paubhas and Tibetan Thanka with regard to the poses of the deities, floral motifs, and the Tantric divinities. Micheal Hutt remarks, "Nepalese artists became heavily involved in the ornamentation of temples and monasteries in Tibet, and Tibetan paintings from 9th to 17th centuries are almost wholly Nepali in style."
Classification of the Paubhas:
Nepalese Paintings can be classified into five types:
Illustrated manuscript Paintings
Paubha paintings
Narrative scroll paintings
Mural or wall Paintings
Here we are interested in describing the Paubha paintings.
Near paintings, called "Paubha" in Newari and "Pata' in Sanskrit, are usually rectangular in shape and are prepared from colleen woven specially to fit the dimensions required for each painting. Unlike the Tibetan Thanka, the Newar Paubha is mostly uniform in size. Tibetans may craft huge thankas from ceremonial display, as seen in Tahilhumpo monastery or Jokhang Temple, Tibet or in Paro, Bhutan.
With regard to subject matter, Paubhas usually portray figures of important divinities, mandalas of divinities, and monuments surrounded by various figures. These paintings are mostly created for religious purposes. They were used as aids to meditation. In the early days of Paubha painting. Both patrons and artists were motivated by spiritual concerns. Newar Buddhists commissioned Paubha paintings in order to earn merit, and they were displayed on special occasions. The paintings, which serve as aids in meditation, were hung on private alters, in temples and in monasteries. For instance, a large Paubha, dedicated to Maha Manjushri, was once hung on the walls of Hiranyavarna Mahavihara during the month of July – August every year. In the present day, this tradition of displaying Paubhas is now endangered due to the rise of theft, pollution and commercialization.
It is difficult to determine when and where Paubha painting originated, owing to the lack of early Paubha paintings in Nepal. Most early thanka paintings from Tibet appear to have been strongly influenced by the Nepalese style. So far we do not have any Nepalese Paubha paintings dating from earlier than the 13th century. Most ancient Paubha paintings are now preserved not in Nepal but in American and European Museums. The painting of Amitabha Buddha in the Los Angeles County Museum is believed to be the earliest Nepalese Paubha painting. Although the painting is not dated. Its style resembles that of the manuscript paintings in astasahasrika Prajnaparamita(1015 A.D). Also in the same style is the Paubha of Ratnasambhava also in the Los Angeles County Museum(early 13th century). The paubha paintings are not limited to Buddhist subjects; there are also a few paintings based on Hindu themes.
Nowadays, since Tibetan thanka painting has become very popular in the world market, when people speak of thanka, Tibetan thankas are what they have in their mind. The casual visitor knows nothing about Newar painting and its characteristic features, and about the uniqueness of these early Newar paintings. Knowing the importance and features of Newar panting has become essential for these Nepalese artists wishing to preserve Newar painting as separate style.
Some of the essential features of Newar Paubha paintings
one of the special features of Newar Paubha is that the central figure occupies an ornate frame, an elaborate arch or a torana dvara, formed by the head of garuda or Tsepu or Kirtimukha, a mythical creature of Nepal. Holding two snakes.
The painted surface is divided into sections. In the larger upper part, the main divinities and their acolytes are depicted, while the lower part is usually smaller in size, and filled with depictions of sponsors or donors. Also women are graphically separated from men, each appearing on opposite sides of the central divinity or sacrificial fire. This grouping by gender is characteristic of near painting.
The profuse use of red color in a softer tone that the red used by Tibetans.
Mughal and Rajput influences appear only during the 17th century
Content or Themes of the paubha paintings
The subject matter of Paubhas may be classified as follows:
Buddha's life and previous lives
Enlightened beings
Istadevatas
Dakas and Dakinis
Dharmapalas or yakshas
Mandalas
Illustration of Dharma
Buddha's life and previous life
The life of historical Buddha has been a favorite theme in the art of both Hinayana and Mahayana traditions since ancient times. In Tibetan Buddhism, the past lives of the Buddha and the Buddha's twelve principal deeds are also depicted frequently. They are Buddha in Tushita heaven Buddha's descent to the world.
Entry into the womb
Birth of Buddha in Lumbini
Bodhisattva Siddhartha's skills in sports and knowledge
Four signs of renunciation
Great departure
Six years of meditation
Going to Bodhi mandapa
Attainment of Perfect enlightenment
First Dharma Cakrapravartan at Sarnath and
Great Parinirvana.
Besides, there are works of art in Buddha's previous lives such as Prince Vishvantara and his generosity, Prince Mahasattva and his sacrifice of flesh and blood to five tigress and so forth.
The paubhas of the various Buddhas other than Shakyamuni Buddha, as well as gurus, Bodhisattva and Arhats, fall in this category. All the Buddhas may be regarded as gurus in Vajrayana. However, special importance is placed upon the five transcendental Buddhas who represent the five wisdoms. Each of these Five Buddhas embodies the primordial purity of these five defilements, which obscure our mind. These forms of Buddhas are in face metaphorical expression of non-dual wisdom and skill in means. They are Sambhogakaya Buddhas and can perform ceaseless activity for the benefit of all sentient beings.
Istadevata
Istadevata means "meditational deity" in the Buddhist context. While the word istadevata is frequently used to represent the personal deity in Hinduism as well, [for Hindus]  the deity is someone who is god and master, the one into whom one dissolves one's lesser self; whereas in Buddhism, the istadevata is the nearest, or personal, deity, symbolizing one's own mind, a form that may be visualized or meditated on. Using the meditative techniques of the Developing stage and Completion stage, one proceeds to the realization of the nature of the mind.
Dakas and Dakinis
Dakas and Dakinis are supports for the practitioner of Vajrayana Buddhism. They represent inner refuge in the Tantric Buddhist tradition. Wearing bone ornaments, some are in dancing posture and some are naked. These Dakas and Dakinis may travel through space, helping the sadhaka by eliminating obstacles and by guiding them along the path to Enlightenment. They are able to grant eight great powers to all devoted sadhakas.
Dharmapalas
Dharmapalas are divinities who help protect the Buddha dharma from degeneration. They also act as defenders of Buddha's doctrine. They are in general wrathful in appearance, and their purpose is to strike terror into potential sinners. In Nepal, Mahakala is considered to be a great wrathful dharmapala. Their wrathfulness is directed towards to self-grasping attitude of the general mass.
Mandalas
The Hevajra Tantra defines a mandala as that which bears an essence – the essence of the Great Bliss of enlightened consciousness. The word ‘Mandala' is so called because "it bears"(Skt: malanad mandalam uchyate). Many (but not all) etymologies in Buddhist tantra say that mandala consists of "manda", the essence or contained, and "la", the container. Mandala therefore means something like "contained essense" in Buddhism. It also retains it's original Sanskrit meaning of circle – eg Skt. Chandramandala(moon  disc), vayumandala, etc. in Buddhist contexts.
In normal Buddhist practice, the mandala is depicted as an architectonic entity founded on an elevated platform, usually in the shape of square. It has four doorways and four towers, each adorned with garlands, chains and vajra threads, and encircled by lines of different colors[- a five colored boundary, in which the five colors correspond  to the five tathagatas]. For the purposes of ritual, it should be drawn with powdered colors, which are ideally made from the five gems, though acceptable substitutes include the five grains or powdered bricks and charcoal from the cremation grounds.
Illustrations of Dharma
Illustrations of the dharma are pictorial expressions of dharma teachings. The wheel of life is a common subject in this genre. It depicts the totality of the Buddhist teachings, which include the twelve linked causes constituting dependent origination, the six realms of existence, the three poisons ie. Namely lust, hatred ad delusion, and the path of enlightenment.
Conclusion:
We have described very briefly essential features of Nepalese Paubha paintings with some historical background and its relation with Tibetan Thangka painting. We have stated elsewhere that Nepalese Paubha paintings existed long before the appearance of the Tibetan Thangka painting.
The purpose of this article is to present a history of Nepalese art and its meaning. Paubha painting was a sacred art and its production was itself a form of religious Sadhana because of its sacred character those paintings were placed in the monasteries and temples where profound respects were paid to them as objects of devotion and meditation.
But in modern times these practices have been almost forgotten. As a result, artists began to create works of art of inferior quality. In the name of creativity some artists began to introduce even pornographic material into this sacred art in the name of glamor and creativity and innovation.
In my opinion, the beauty of Nepalese art lies in the canonical depiction of Buddhas, Bodhisattvas, deities, Mandalas and so forth handed down through generation. Most of the beautiful Paubhas and other artifact of Nepal are seen and preserved in the Western Museum. They value these works of art in high esteem and feel themselves very proud in possessing them. It is imperative for us to preserve and keep the glorious artistic tradition of past intact in the years to come as well.