Sunday, 16 July 2017

Justice cannot be prevailed in a setting and shopping injustice jurisdiction system of Nepal

"Injustice anywhere is a threat to justice everywhere."
- Martin Luther King, Jr.
In Nepali we have saying "Hamro Desh Ko Kanunn Daiba Le Janunn" in literally translation it means only god knows Nepal's law which means no one knows how justice prevail in Nepal only those knows who have access to political and economical power that can influence jurisdiction system of Nepal and its custodians. That's for sure justice cannot be prevailed in a setting and shopping injustice jurisdiction system of Nepal. I wonder HOW anyone can get justice from jurisdiction system of Nepal when there is a setting and shopping games based on political parties' ideological affiliation among honourable judges and bribery practice including purchasing power of an individuals who are seeking justice can shop those judges that had been explained clearly by the Ex-Chief Justice Sushila Karki in her interview that she gave with Mr. Dil Bhushan Pathak in Tough Talk program of Kantipur Television on 7 June, 2017 [1].
According to her only 7% of Nepalese who has access to political party and monetary /financial gain power are getting justice from the Nepal courts based on their ability of political and financial power that they hold [1}. Rest of Nepalese are deprived of justice.
Out of 16 honourable judges at the supreme court right now [2] I heard that 11 of them are affiliated with the Communist Party of Nepal Unified Marxist Leninist and 4 of them are affiliated with political parties.
It is a duty of the responsible citizens of Nepal of those 16 Honourable Supreme Court Judges we have to name to shame and fame who are affiliated to which political parties because based on their affiliation with political parties we can came to know from Ex-Chief of Justice, honourable Sushila Karki they set the bench at the court to provide justice in the court. However, honourable Sushila Karki was initially affiliated with Nepali Congress but lately she was supportive towards Communist Party of Nepal Unified Marxist Leninist during her retirement age and time as I came to know from different people and media. Here are the name list of current 16 honourable supreme court judges:
1. Hon'ble Mr. Deepak Raj Joshee
2. Hon'ble Mr. Om Prakash Mishra
3. Hon'ble Mr. Cholendra Shumser Janga Bahadur Rana
4. Hon'ble Justice Mr. Deepak Kumar Karki
5. Hon'ble Justice Mr. Kedar Prasad Chalise
6. Hon'ble Justice Mr. Sharada Prasad Ghimire
7. Hon'ble Justice Mrs. Mira Khadka
8. Hon'ble Justice Mr. Hari Krishna Karki
9. Hon'ble Justice Mr.Bishowambhar Pd Shrestha
10. Hon'ble Justice Mr. Ishwar Prasad Khatiwada
11. Hon'ble Justice Dr. Ananda Mohan Bhattarai
12. Hon'ble Justice Mr. Anil Kumar Sinha
13. Hon'ble Justice Mr. Prakash Man Singh Raut
14. Hon'ble Justice Mrs. Sapana Pradhan Malla
15. Hon'ble Justice Mr. Tej Bahadur K C
16. Hon'ble Justice Mr. Purshotam Bhandari
All Nepalese are aware and informed that honourable Justice Mrs. Sapana Pradhan Malla was a member of the Constituent Assembly from the Communist Party of Nepal Unified Marxist Leninist.
In addition, in Nepalese society where colour, class and caste related prejudice and discriminatory practices are very much prevailing because of historical entrenched societal mindset guided from the Nepal's first civil law, Manav Naya Shastra in 14th century by King Jayasthiti Malla and the second law, Muluki Ain in 19th century by Prime Minister Janga Bahadur Rana formulated and endorsed based on the ancient Indian law, known as "Law of Manu" also called Manusmriti which is still following in providing justice in the courts of Nepal with some amendments that were made based on the international human rights declaration signed by the government of Nepal. Despite promulgation of the Nepal's new Constitution in 2015 it has yet to formulate new rules and regulations for the jurisdiction system of Nepal to provide justice to Nepalese citizens whoever seek fair justice from the courts. Although since historical period Nepal is multilingual, multicultural, multi-ethnic, multi-religious/multi-faith and very diverse society however, feudal rulers of Nepal had imposed one language, one culture, one caste, one faith/religion, and one dress strategically, systematically and structurally from top to bottom as per the Hindu dogmatic belief and life style based on the Law of Manu that has wiped out indigenous identity. Therefore, indigenous tribal communities including Madhesi population from tarai belt are very much aggressive and antagonist towards ruling colour (white), class (upper/high, supreme) and caste (Brahman). However, all of the white higher/upper people so-called Brahmans are not bad and inhumane in their thinking and acting processes but because of some handful of elite corrupt custodian of Brahmanical traditional culture, custom, language, faith and dress code who are holding power in all three major branches of government: executive, legislative and judicial of the country and also involving in major societal roles as teachers, advisers and administrators they are blamed and accused for all mishap of the country in making under developed, corrupt and backward.
One of the renowned TV Journalists of Nepal, Mr. Prem Baniya left Nepal nine months back in order to empower self he went to USA because he said there is already setting for 10 years who will become Nepal's Prime Minister, Chief of Justice, Chief of Police Force, Chief of Army including Chief in all three branches of government body: Executive, Legislative and Juridical so there is no point of staying in Nepal as he is in his present status [3].
Whatever the Ex-Chief of Justice, Suhila Koirala said on 7 June 2017 after her retirement that is very much inline with Mr. Baniya's speech that he delivered in Japan with Nepalese after 9 months of leaving Nepal. Therefore, proves how much systematically, strategically and structurally Nepal is corrupt from top to bottom because of dogmatic mythological belief "Seeing the property even God's third eye opens" "Dhan dekhe pachhi Mahadev ko Pani tin Netra" related entrenched practices based on the law of manu.
As per the Transparency International Corruption Perception Index 2016 Nepal is one of the most corrupt countries in the world, ranking 131 out of 176 countries across the globe [4]. However, hardly anyone would like to take action against it because anyone who raise voice against it will be proven criminal by those corrupt executive, legislative and juridical systems custodians of Nepal.
"I'm for truth, no matter who tells it. I'm for justice, no matter who it's for or against."
- Malcolm X, an African-American human rights activist.
"Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe."
- Frederick Douglass, an African-American social reformer, abolitionist, and statesman
References
1. Kantipur Television 2017. Sushila Karki, Chief Judge Sushila Karki in TOUGH talk with Dil Bhusan Pathak, accessed from https://www.youtube.com/watch?v=IfOrkSz1Ruo&feature=share
2. Supreme Court, 2017. Name List of Supreme Court Judges accessed from http://www.supremecourt.gov.np/web/index.php/justices
3. Namaste Nepal, 2017. Speech by Prem Baniya in Japan, accessed from https://www.youtube.com/watch?v=pNZPW1zh9cc
4. Transparency International 2016. Corruption Perception Index 2016, accessed from https://www.transparency.org/news/feature/corruption_perceptions_index_2016.

Monday, 10 July 2017

Midwives and nurses are as good as docs – and sometimes better, WHO finds

It is nice to read an article titled "Midwives and nurses are as good as docs-and sometimes better,WHO finds" providing evidence based justification what is so [1]. Unlike in Australia, UK, Nepal and many other countries in USA Nurse Practitioners are the first contact point in American healthcare delivery system. However, in Nepal nurses are looked down because of gender stereotype societal thoughts and mindset thinking that Nursing and Midwifery are the female profession. This is a very sick mindset outlook and thinking process.
However, scenario is bit different in rural where more than 80% population is residing the vast majority of pregnant women the first contact point is an Auxiliary Nurse-Midwives.
Well educated and trained midwives and nurses are as good as doctors that's proven fact from across the globe, however, ill thinking of some elite maleness mindset consider medical profession is superior than nursing and midwifery so they are always striving towards promoting unnecessarily expensive healthcare delivery system. In fact doctors are needed for abnormal cases in providing curative services for ill and sick people that usually are around 25% of the population.
For the vast majority around 70-75% well trained and educated nurses as a practitioner like in USA can be mobilised. Similarly, only around 15% pregnancy and delivery are high risk which means that pregnant and childbearing women need specialised doctors' care and for the rest 85% childbearing women well trained midwives would take care of them.
Here is the full article that talks about why midwives and nurses are as good as doctors and sometimes better than doctors. It says that midwives, nurse practitioners, physician assistants and other non-doctors do as good a job as MDs in the care they deliver — and patients often like them better, a World Health Organization team reported on Thursday.These non-physicians are especially effective in delivering babies, taking care of people infected with the AIDS virus, and helping people care for chronic diseases such as diabetes and high blood pressure, the team reported in a WHO bulletin.The findings extend from the poorest nations to the United States and Europe, they said. While some physician groups have resisted wider use of such professionals, they should embrace them because they are often less expensive to deploy and are far more willing to work in rural areas, the WHO experts said.“There are some obvious advantages in terms of relying on mid-level health workers,” WHO’s Giorgio Cometto told NBC news in a telephone interview.“They take less time to be trained. Typically, they cost less to remunerate. In some countries they are more likely to be retained in rural areas.”David Auerbach, a researcher at the Rand Corp., says other studies have shown the same thing. “There’s really not much difference you can find in the quality,” he said.Doctors are scarce in the United States. The Association of American Medical Colleges projects a shortfall of 90,000 physicians by 2020. Family practitioners and other generalists are especially scarce, and experts predict it will only get worse as millions of Americans get health insurance under the 2010 Affordable Care Act. 
Doctors are also scarce in the developing world, and many countries are looking for ways to fill gaps.
Cometto and colleagues around the world looked at all the studies they could find on the quality of care delivered by non-physicians. They settled on 53 that looked specifically at the quality of care delivered — and at how happy patients were with the care they got.
“The evidence shows there aren’t statistically significant differences,” Cometto said. “The quality of care they provide is comparable to physicians. In some cases, for specific services, they actually outperform physicians.”
For instance, nurse-midwives or midwives who deliver babies end up using fewer drugs and they are less likely than doctors to make a type of cut called an episiotomy. Groups such as the American College of Obstetricians and Gynecologists recommend against episiotomies because they don’t heal as well as the natural tears that occur during childbirth.
Midwives were no more or less likely than doctors to induce labor, perform cesarean sections or use instruments to deliver a baby, Cometto’s team found, and the rates of death of either mother or child were the same among doctors as among midwives. There were similar findings for treating patients infected with the human immunodeficiency virus (HIV) that causes AIDS. “One study compared the effects of antiretroviral therapy (ART) in patients managed by nurses and those managed by doctors. There was no significant dif­ference in the likelihood of ART failure between groups of patients managed by nurses and those managed by doctors,” the researchers wrote. “Nor was there any difference in mortality, failure of viral suppression or immune recovery between the groups.”
When it came to caring for heart disease and diabetes, patients actually seemed to like nurses and other non-doctors better, the report found. This jibes with what nurse-practitioners and physician assistants working in the United States report. “We look at patients in a more holistic manner,” Judy Honig, associate dean at the Columbia University School of Nursing, said in a recent interview.
The Institute of Medicine, which advises the federal government on health matters, says nurses can do more than they already do and can help meet ballooning demands as the population ages and as more people get health insurance and start seeking care.
The United States has more than three million nurses. They already deliver much of the front line health care that Americans need, from giving vaccinations to delivering babies.
Nurse-practitioners are registered nurses who hold graduate degrees and can perform virtually all of the functions of front-line family doctors — depending on the laws of the state they’re in.
Between 1998 and 2010, the number of Medicare patients treated by NPs increased 15-fold to more than 450,000 people, University of Texas Medical Branch researchers found recently. Groups such as the American Association of Nurse Practitioners are calling for even more to be trained.
Physician assistants are also seen as offering a big plug in the health care hole “Currently, there are more than 93,000 PAs throughout the U.S. whose education in general medicine prepares them to be extremely nimble, positioning them very well to address an influx of 20 million new patients entering the health care system,” says Lawrence Herman, president of the American Academy of Physician Assistants.
Rand’s Auerbach says integrated clinics, using electronic health records and other technology, can really help fill the gaps. But he notes that not all medical groups are on board with the idea. 
“It’s getting over a cultural barrier and learning how to work in teams of providers with different expertise,” Auerbach said. “That is not trivial.”
The American Society of Anesthesiologists recently spoke out against what it sees as the overuse of nurse-anesthetists. “Somehow there has become the notion that you can take physician extenders and replace physicians,” said Dr. Jane Fitch, a former nurse anesthetist who is now a physician anesthesiologist. “We are really concerned about patient safety.
Reference
1. Fox, Maggie, 2013. Midwives and nurses are as good as docs– and sometimes better, WHO finds accessed from http://www.nbcnews.com/health/health-care/midwives-nurses-are-good-docs-sometimes-better-who-finds-f8C11506820

Tuesday, 4 July 2017

Without reparation to historical injustice justice cannot be prevailed

For the historical social injustice and crime committed by the rulers and ruling colour, class and caste of specific territory, for instance Nepal, India or else to the certain community and ethnic groups (i.e. indigenous tribal ethnicity such as Tamang, and without social justice provided through reparation and compensation for their future generation NO PEACE and JUSTICE will be prevailed in those country or society proven from the history of this world human society.
In Nepal massive Genocide to certain ethnic and caste groups had taken place as per the legal Code of Conduct named "Muluki Ain" of 1854 AD which is still effective despite promulgation of the Constitute of Nepal in September 2015. For this historical injustice reparation is utmost to provide for the crime committed by our by then rulers and ruling colour, class and caste people.
According to the international law of 1946 recognised by the United Nations General Assembly (A/RES/96-I) that was codified as an independent crime in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention) Convention that was rectified by 147 member states in its Article II it has the term "GENOCIDE" has been defined as follow.
Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.
Although the popular understanding of what constitutes genocide tends to be broader than the content of the norm under international law. Article II of the Genocide Convention contains a narrow definition of the crime of genocide, which includes two main elements:
1. A mental element: the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such"; and
2. A physical element, which includes the following five acts, enumerated exhaustively:
- Killing members of the group
- Causing serious bodily or mental harm to members of the group
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
- Imposing measures intended to prevent births within the group
- Forcibly transferring children of the group to another group

References
1. United Nations, Geoncide Definition accessed from http://www.un.org/en/genocideprevention/genocide.html
2. The Recognition Of The Genocides As The Beginning Of Justice Against The Crimes Against Humanity, accessed from http://www.thinkinghumanity.com/2015/04/the-recognition-of-the-genocides-as-the-beginning-of-justice-against-the-crimes-against-humanity.html.

सामाजिक न्याय र सहिष्णुताको सुनिश्चितता: ऐतिहासिक अन्याय भोगेकाहरुको लागि हानिपुर्ति

ऐतिहासिक अन्याय भोगेका जातिय, धार्मिक, भाषिक, सांस्कृतिक र भौगोलिक समुदायका व्यक्तिहरुले राज्यद्वारा सामाजिक न्याय पाएको अनुभुति त्यति बेला गर्छन जति बेला राज्यले ऐतिहासिक अन्यायको हानिपूर्ति/क्षतिपूर्ति प्राप्त गर्छन जसरी गरे राज्यले विकसित सभ्य र सम्पन्न राष्ट्रहरु अस्ट्रेलिया, क्यानेडा, न्युजिलेण्ड लगायत अन्य राष्ट्रहरुमा मानवताको लागि अन्तरराष्ट्रिय मानव घोषणा पत्र लगायत अन्य संयुक्त राष्ट्रको घोषणा पत्रमा राज्यले हस्ताक्षर गरे अनुसार |
हाम्रो देशको सामन्ती मनोभ्रष्ट प्रष्ट भएका मनुबादी शासक, शोसक र सरकारले कुनै विशेषत र निश्चित समुदायका मानिसहरुलाई मनोवैज्ञानिक र भावनात्मक रुपमा आघात पुर्याएकोले आम विशेष नेपालीहरुको जातीय, भाषिक, धार्मिक र सांस्कृतिक नरसंहार गर्ने नीति लिएर मुलुकी ऐन १९१० अनुसार जुन आजको दिनमा समेत न्यायलयमा न्याय दिने प्रमुख हतियारको रुपमा प्रयोग हुदै आई रहेको छ हाम्रो देश नेपालमा, २०७२ मा नेपालको संविधान जारी गरी लागु गरेको भनिएता पनि |

मानव अधिकारको सुनिश्चित गर्छु, हामी मानव अधिकारबादी प्रजातान्त्रिक समाजबादी प्रेमी हौ भनेर जतिसुकै सामाजिक न्याय, शान्ति, मानवताको लागि लेखेता, खोकेता र भुकेता पनि ऐतिहासिक अन्यायको चपेटामा पारेका समुदाय, जातजाति, धार्मिक, सांस्कृतिक, भाषिक र भौगोलिक क्षेत्रमा रहेकाहरुले कहिल्यै राज्य, सरकार, शासक र शोसकहरुबाट न्याय पाएको अनुभुति गर्दै गर्दैनन् र राष्ट्रमा जहिले पनि अशान्त, झैँ झगडा सामाजिक असहिष्णुता कायम नै रही रहेछन भन्ने पक्का छ मानवताको लागि किन कि युगौ युगौ, पुस्तौ पुस्तौ देखि आफ्नो पुर्खा, आफु र आफ्नो भावी सन्ततिहरुले सामाजिक अन्याय खेपेको कुनै पनि पढे लेखेका शिक्षित सचेत सक्षम सजग व्यक्तिहरुले आजको दिनमा आएर हेरर सहेर कदापि बस्दैन जुन उनीहरुको जैविक गुण, डीएनएबाट हस्तान्तरण हुदै आई रहेको हुन्छ भन्ने विभिन्न वैज्ञानिक अध्धयन अनुसन्धानबाट पनि पुष्टि भई सकेको छ |
चेतना भया नेपालको शासक, शोसक र सरकार ऐतिहासिक सामाजिक अन्याय भोगेका जातजाति, भाषिक, धार्मिक, सांस्कृतिक र भौगोलिक समुदायहरुको लागि हानिपूर्ति/क्षतिपूर्ति दिन्छौ भने चाडै देउ नत्र देशमा जहिले पनि कलह, झैँ झगडा र सामाजिक असहिष्णुता खेप्न हरहमेस तम्तयार रहनु बस्नु मानवताको लागि |
१८ औ शब्तादी ताका ११ वर्ष जसरी फ्रान्सको क्रान्ति गरियो सामजिक र राजनीतिक अन्याय अत्याचारको लागि त्यस्तो क्रान्ति नेपालमा अझै पनि भएको छैन सामाजिक र राजनतिक आमुल परिवर्तन, रुपान्तरण र हस्तान्तरणको लागि भन्ने लाग्छ मानवताको लागि |
शान्ति र क्रान्ति एक अर्काको पुर्वक हुन् र हुनु पर्छ मानवताको लागि भन्ने पुष्टि हुन्छ प्रकृतिको नियम अनुसार पनि यदि सुस्त गतिमा शासक शोसक र सरकारले ढिलासुस्ती आनाकानी गर्दै न्याय दिउकी नदिउ भन्दै आलेंगटालेंग गर्यो भने पुन: नेपालमा अर्को विसाल र अन्तिम सामाजिक र राजनीतिक क्रान्ति गर्नु नै पर्छ आमुल सामाजिक र राजनीतिक परिवर्तन, रुपान्तरण र हस्तान्तरणको लागि भन्ने लाग्छ |
तर समयको माग अनुसार अबको क्रान्ति भनेको वारुद बमको नभई बोलि बचन बुद्धि विवेक विचारको हुनु पर्छ बुद्ध देशका बुद्धु बोधो मन, मनस्थिति र मानसिकता भएका हाम्रो शासक शोसक र सरकारको चेत र भेद खुलाउन भन्ने मेरो आफ्नो बुझाई सहितको ठहर छ मानवताको लागि |
आफु त परियो मुर्ख मानव, मानवताको लागि लड्ने मानव अधिकारको घोषणा पत्रको साथै ऐतिहासिक दस्तावेज खोजखाज गरी सत्य, तथ्य र यथार्थहरुको बारेमा बुझ्न र बुझाउन अध्धयन गर्दै आम जनमानसलाई पनि सचेत सजग गराउदै | सायद हामी जस्ता पढे लेखेका शिक्षित दीक्षित अज्ञानताको शिकार सत्य, तथ्य र यथार्थ ज्ञानको भिखारी मुर्ख मनुवाहरुले गर्नु पर्ने काम पनि यहि जस्तो लाग्छ मानवताको लागि |
दिन्छस भने दे ऐतिहासिक सामाजिक न्यायको हानिपुर्ति शासक शोसक सरकार |
नत्र तपाईहरुले भन्न पाउने छैन के गर्यो भन्दै किन कि हामीले पनि लिन जानेका छौ तपाईहरुलाई घुडा टेकाई ससम्मानजनक रुपमा तपाईहरुले नै हस्ताक्षर गरेको राष्ट्रिय अन्तरराष्ट्रिय दस्तावेजहरु प्रयोग गर्दै |