Miscellaneous
Writ filed against TJ rules
A writ petition has been filed at the Supreme Court, demanding removal from the regulations for the transitional justice bodies the provisions related to compensation and reparation.A writ petition has been filed at the Supreme Court, demanding removal from the regulations for the transitional justice bodies the provisions related to compensation and reparation.
Advocate Birendra Prasad Thapaliya, on behalf of the Centre for Legal Studies, on Thursday filed the report arguing that the provisions would deprive the victims of dividend of the transitional justice process altogether.
The petition has demanded removal of provisions of the Clauses 32, 33 and 34 of the Truth and Reconciliation Commission regulation and Clauses 30, 31 and 32 of the Commission of Investigation on Enforced Disappeared Persons rules.
These provisions are about compensation, medical treatment for the disabled and scholarship for children of the conflict victims. The regulations have set Rs300,000 as the ceiling for compensation payment. The rules also seek to take into account the amount of relief package offered before. Besides, the provisions set Rs100,000 as the ceiling for medical treatment and scholarships for children below 18.
The writ argues that the regulations have not considered the principle of reparation, which is not just monetary benefit but other ways to address the needs of the victims, which could be psychological, economical and social.
The ceiling for treatment is debatable, as medical needs may sometimes be lifelong. On scholarship, the writ argues that children born before 1998 would be ineligible. The conflict that began in 1996 left over 16,000 dead, 1,400 disappeared and thousands disabled and displaced.