Miscellaneous
Writ petition to review contradictory clauses
A writ petition has been filed at the Supreme Court demanding review of contradictory provisions in the existing rules and regulations regarding compensation, social security schemes and other facilities to the conflict victims.A writ petition has been filed at the Supreme Court demanding review of contradictory provisions in the existing rules and regulations regarding compensation, social security schemes and other facilities to the conflict victims.
Advocate Birendra Thapaliya and Chairman of Conflict Victims’ Committee Bhagi Ram Chaudhary registered the petition on Tuesday, pointing out the contradicting provisions to be amended for the victims to obtain government announced schemes.
The petition has named the Office of the Prime Minister, Law Ministry, Peace Ministry, Legislature Parliament, Truth and Reconciliation Commission (TRC), and Commission for Investigation on Enforced Disappeared Persons (CIEDP) defendants.
“There are a number of rules and regulations issued at different times to be amended for streamlining procedure for the victims to get the government announced facilities,” said lawyer Kashiram Dhungana. “For instance, relatives of posthumously born children are facing problem in obtaining birth certificate, while the widows are disowned from their families.”
After the signing of the Comprehensive Peace Accord in 2006, the
government has formulated almost a dozen regulations and procedures to provide compensation, social security schemes and scholarship for the children of those killed during the conflict.
However, the rightful relatives are deprived of government announced packages and facilities due to contradicting provision with the existing laws.
“Single women, whose husbands were victims of forced disappearance, are not getting the social security allowance as the regulation does not consider them single women,” he said.
The government has formulated a new regulation that states a woman is considered single if her husband has been disappearing for five years.
Similarly, the provisions for scholarship for the children of conflict victims are contradictory. The petitioners have argued that the government should streamline the procedure for the victims to get the facilities.