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Contradictions that constrict

Nepali Legislation is behind the times. It lacks the progressive provisions regarded as fundamental on other legal systems. As a result, the "right to development" is still a remote concept for the Nepali bar, courts and the public.

The United Nations General Assembly adopted the Declaration on the Right to Development on 4 December 1986. Together with the rest of the Third World, Nepal actively welcomed the Declaration for having added another dimension to the concept of human rights. In supporting the Declaration, Nepal recognised its own people's inalienable right to expect, at the very least, good faith from government in trying to achieve socio-economic advancement.

Unfortunately, the laws of the land have remained inadequate and riddled with contradictions. Progressive ideas rarely found their way into legislation and, when they did, many ways were found to negate their purpose.

Under the 1986 Declaration, States have the primary responsibility for the creation of national and international conditions favourable to the realisation of the right to development. This right shall ensure, among other things, equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and fair distribution of income. Effective measures must ensure women's active role in the development process. Social injustices are to be eradicated through appropriate economic and social reforms.