भर्खरै :

Irresponsible State


Rupika Budha Shrestha

Nepal is under the second wave of corona pandemic heading to the verge of “health emergency”. The health conditions and services are degrading day by day, lacking adequate health and technological resources. Day by day hundreds of people are dying due to inadequate basic health facilities, lack of availability of beds, ICU, ventilators, and oxygen supply whereas the state primarily is focused on politicizing the health system and retaining on the power. Forest Minister is busy pasting his photo on oxygen tanks donated by Chinese government, falsly claiming that he himself has bought the tanks. he Fact is that the GOVERNMENT OF NEPAL has exempted VAT on oxygen tanks imported which is decided by a council of ministers on 2075/01/13, notice clearly published on 2075/01/15. Now, Will the Forest Minister be punished for misrepresentation and fraud as per law or not?

How does a person takes a decision if two of the basic things get collided with each other? Obviously, it prioritizes doing the tasks which are of utmost importance compared to the next. Looking at the present scenario, what is the utmost importance for now? It is whether citizen’s health or fighting out for the power? Where people are dying even due to lack of availability of essential health care services, the government is busy taking a vote of confidence where KP Oli gets 153 votes and Deuba gets 149 making it a total vote of 302 while total parliamentarian and votes have to be 275. So funny ! By this particular fact, one can easily analyze the leaders we have who are not serious about taking care after any state emergency except derating peoples’ sentiment . Now should the government be punished for breaching the basic fundamental right of people guaranteed by the Constitution of Nepal i.e Right to Live with dignity as per Article 17 or not?

Government is the murderer who killed innocent people by not providing basic health care facilities and not preparing for the second wave in time. KP Oli was busy showing his powers by organsizing mass meetings in support of the move of parliamentary dissolution while Prachanda and Madhav Kumar Nepal were nbusy collecting people against the motion where both parties hired people from each nooks and corners of the state alluring them with money and food, mostly as a trip to worship holy Pashupatinath. Hundreds of people were there on the street without any precautions, spending lots of money for  food, hotel, and vehicle charges. Why can’t the very government representatives now spend money on isolation centers and health services, helping the needy ones ? This is the second clear fact regarding Nepal Government and its leaders not being accountable to its citizens. If they had been, they would utilize the time preparing to combat the second wave of the corona pandemic, Now, we are in a helpless situation.

Adarsh Mishra, a popular comedian was continuously seeking for help, trying to reach the concerned people for the treatment of his father. Unfortunately his father took last breath, not getting dialysis service. How can a hospital gets away from responsibility in an excuse of not providing dialysis to the Corona patient (by Nepal Medical College, Birgunj) and malfunctioning of dialysis machine (by Narayani Hospital). We go to the hospital for the hope of life, to get better health but where shall we go if they is not accountablity towards the duties? Now should they be punished or not, for not being accountable towards their duty and letting people die?

Organ transplantation in Nepal is regulated by the act Human Organ Transplantation (Regulation and Prohibition) Act 1998  has provision on organ transplantation to be given only by close relatives under Section 2(l) where it had a very limited definition of close relatives. Despite this, in the case of Pooja Khatri v. Government of Nepal (2071), the 2072 amendment encapsulated the word “Sali” along with according to the Section 7 (5) of Human Organ Transplantation (Regular and Prohibited) Directive 2075 allowed foreign national relative for organ donation and transplant. Now should the hospital not be liable for the punishment for not letting Binod Mishra Transplant the kidney from Aunt of Aadarsha Mishra denied with an excuse of Indian Nationality despite agreed to donate. So, now the concerned hospital be punished for not following state directives which are guiding law or charged with contempt of court for not following court order?

In the country where Prime Minister can transplant two kidneys, has any authority tried to check if the organ donator belongs to close relatives or not or whether it is done with consent or not without luring any benefits? When the leaders can go to any country for even basic health checkups using the fund of the state, civilians are dying in absence of it. So, the government is fully liable for the death of Binod Mishra who is a mere representation of hundreds of innocent people died when the state fails to be accountable to it citizen. Thus, the government is a murderer now shall it be punished or not? Or is punishment only for people who are vulnerable?

Rupika is a law student.


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