Bishal Khanal - Academia.edu (original) (raw)
Papers by Bishal Khanal
Nepal Law Review , 2023
Abstract The death penalty has been a critical issue in the recent years. After centuries of acc... more Abstract
The death penalty has been a critical issue in the recent years. After centuries of acceptance, now campaign against death penalty has been widespread across all the continents and many countries. A number of countries abolished death penalty considering it uncivilized, immoral, cruel, unusual, brutal and barbaric. Despite legal provisions some countries follow policy of suspending executions. Other few reinstated death penalty and abolished later. Debates in reinstatement of death penalty held and amendment Bill was proposed long before in the British Parliament. Years before the Philippines reinstated death penalty and executed many drugs related offenders in a short span of time. The highest judiciaries of larger democracies such as US and India still see the significance of death penalty. Indians intend to sharply limit and award death penalty only in ‘rarest of the rarest cases’. With the wider acceptance of democratic regime the scale of politically motivated death penalty are rapidly declining. The US system requires “careful and judicious consideration”and therefore long term suspension is practiced before execution. But in order to consider emerging incidents of crime such as terrorism, severe form of organized crimes, commission of crime via artificial intelligence and so on many countries appear unwilling to complete abolition of death penalty. But the coalitions of national, regional and international organizations including the United Nations have been taking firm steps against death penalty. Though, current scenario indicates that there is still long way for arriving to death penalty free world.
Ex civil servicemen association of Nepal, 2022
The Dharma is the part of Vedic heritage. Dharma is likely a natural concept. Foundation of dharm... more The Dharma is the part of Vedic heritage. Dharma is likely a natural concept. Foundation of dharma is humanity, reasonability and rationality in human conduct. Dharma is considered a secular concept as well. Dharma was placed above faith, belief and religion. At times dharma was recognized ‘sovereign of sovereigns’. It is because dharma was supreme or above all. The sovereign or the king has to perform their work as per the norm and values of dharma. The people too run their all affairs abiding by dharma even in the absence of nation, king, ruler and all. Indeed dharma is a dynamic concept. It is recognized differently in different times in line with dharma-chakra (circle of dharma)
Sambahak - NHRC Nepal Journal
civilization indicates that urban development began over five millennia ago. The quest of urban l... more civilization indicates that urban development began over five millennia ago. The quest of urban living was led by the idea of ideal living and protection of life and property. Usually early people lived together at the sea coast and river banks. Later the towns fortified to dispel threats of enemy, wild lives and natural causes such as storm. The advent of science and technology helped making cities apart of coastal areas as water supply, sewage, transport, communication etc network built at distant locations. The industrial revolution around 19 th century opened the eyes for modern urban living in Europe and elsewhere. The advancement of academia, trade, religion etc largely contributed to develop the cities. People aspiring the city life for their prospect and job rapidly increased. Urbanization was considered major component of development. But some byproducts of city life did not prove the consideration true. Extremely polluted hundreds of cities contain air with toxic substances therefore unbreathable, and that may cause serious diseases like cancer, stroke and many others. Air pollution is one of the top 10 human killers in the world, and sixth most dangerous killer in South Asia. The number of human killing by pollution is fifteen times more than all wars and other forms of violence. Air pollution related diseases cause 3.2 million deaths worldwide annually. A Global Burden Disease report shows the increment of 800,000 persons than estimated in 2000. This shows 300 per cent increase and about 74 million healthy life years are lost annually. It is the seventh leading cause behind loss of about 18 million healthy years of life annually in India alone. Pollution causes very serious ilness such as heart disease, stroke, lung cancer etc. The issue pollution is observed only with the lance of environment though its ramification goes far beyond. It derogates whole range of human rights followed by health of the earth and atmosphere as well. The state sponsored or
Global Public Health, 2006
: The focus in the analysis of the pre-requisites for development to occur in low income countrie... more : The focus in the analysis of the pre-requisites for development to occur in low income countries has historically focused on issues such as the capital shortage; the lack of markets or deficits in skills and technology. Discussion of rights as far as it occurred, focussed on the need for particular rights, like the extension of property rights, or the extension of the legal framework in which such rights are traded. In recent times there has been a broadening and deepening of the notion of rights to cover a wide range of political, social and economic human rights, including the right to development itself. This paper traces the emergence of these human rights concerns and the legal and other institutional measures taken to address them. Developments that have included the emergence of a claim to the right to development itself, which have in turn become linked to the emergence of new development targets like Millenium Development Goals. A development that has introduced new tensions between traditional development thinking and new rights based practice that is not restricted to the broad goals of human development. Tensions in relation to the realisation of human rights goals that are also being felt in the communities and development organisations that are adopting human rights values and principles to guide their operations. Changes that are leading to emergence of new very different development priorities, principles and practices the effects of which are still not fully apparent.
Research Handbook on International Human Rights Law, 2010
International Social Science Journal, 1998
Kathmandu School of Law Review
Although judges are often examined and inspected on various court affairs and subsequent efficien... more Although judges are often examined and inspected on various court affairs and subsequent efficiency or deficiency, judge-making systems, especially supersession, is largely unchecked. Nonetheless, it comprises a huge ground for worrying domain of diminishing values and esteem of courts. Unfair practices in appointment and the way they are responded to, hugely embody devastating present and damaging future for expected strength in judiciary. This paper, besides citing various scholars’ views on how a judge should be, critically examines the tendency of Supersession (one of the wrong norms in judicature) and its impacts in eroding the efficacy of judiciary.
Nepal Law Review , 2023
Abstract The death penalty has been a critical issue in the recent years. After centuries of acc... more Abstract
The death penalty has been a critical issue in the recent years. After centuries of acceptance, now campaign against death penalty has been widespread across all the continents and many countries. A number of countries abolished death penalty considering it uncivilized, immoral, cruel, unusual, brutal and barbaric. Despite legal provisions some countries follow policy of suspending executions. Other few reinstated death penalty and abolished later. Debates in reinstatement of death penalty held and amendment Bill was proposed long before in the British Parliament. Years before the Philippines reinstated death penalty and executed many drugs related offenders in a short span of time. The highest judiciaries of larger democracies such as US and India still see the significance of death penalty. Indians intend to sharply limit and award death penalty only in ‘rarest of the rarest cases’. With the wider acceptance of democratic regime the scale of politically motivated death penalty are rapidly declining. The US system requires “careful and judicious consideration”and therefore long term suspension is practiced before execution. But in order to consider emerging incidents of crime such as terrorism, severe form of organized crimes, commission of crime via artificial intelligence and so on many countries appear unwilling to complete abolition of death penalty. But the coalitions of national, regional and international organizations including the United Nations have been taking firm steps against death penalty. Though, current scenario indicates that there is still long way for arriving to death penalty free world.
Ex civil servicemen association of Nepal, 2022
The Dharma is the part of Vedic heritage. Dharma is likely a natural concept. Foundation of dharm... more The Dharma is the part of Vedic heritage. Dharma is likely a natural concept. Foundation of dharma is humanity, reasonability and rationality in human conduct. Dharma is considered a secular concept as well. Dharma was placed above faith, belief and religion. At times dharma was recognized ‘sovereign of sovereigns’. It is because dharma was supreme or above all. The sovereign or the king has to perform their work as per the norm and values of dharma. The people too run their all affairs abiding by dharma even in the absence of nation, king, ruler and all. Indeed dharma is a dynamic concept. It is recognized differently in different times in line with dharma-chakra (circle of dharma)
Sambahak - NHRC Nepal Journal
civilization indicates that urban development began over five millennia ago. The quest of urban l... more civilization indicates that urban development began over five millennia ago. The quest of urban living was led by the idea of ideal living and protection of life and property. Usually early people lived together at the sea coast and river banks. Later the towns fortified to dispel threats of enemy, wild lives and natural causes such as storm. The advent of science and technology helped making cities apart of coastal areas as water supply, sewage, transport, communication etc network built at distant locations. The industrial revolution around 19 th century opened the eyes for modern urban living in Europe and elsewhere. The advancement of academia, trade, religion etc largely contributed to develop the cities. People aspiring the city life for their prospect and job rapidly increased. Urbanization was considered major component of development. But some byproducts of city life did not prove the consideration true. Extremely polluted hundreds of cities contain air with toxic substances therefore unbreathable, and that may cause serious diseases like cancer, stroke and many others. Air pollution is one of the top 10 human killers in the world, and sixth most dangerous killer in South Asia. The number of human killing by pollution is fifteen times more than all wars and other forms of violence. Air pollution related diseases cause 3.2 million deaths worldwide annually. A Global Burden Disease report shows the increment of 800,000 persons than estimated in 2000. This shows 300 per cent increase and about 74 million healthy life years are lost annually. It is the seventh leading cause behind loss of about 18 million healthy years of life annually in India alone. Pollution causes very serious ilness such as heart disease, stroke, lung cancer etc. The issue pollution is observed only with the lance of environment though its ramification goes far beyond. It derogates whole range of human rights followed by health of the earth and atmosphere as well. The state sponsored or
Global Public Health, 2006
: The focus in the analysis of the pre-requisites for development to occur in low income countrie... more : The focus in the analysis of the pre-requisites for development to occur in low income countries has historically focused on issues such as the capital shortage; the lack of markets or deficits in skills and technology. Discussion of rights as far as it occurred, focussed on the need for particular rights, like the extension of property rights, or the extension of the legal framework in which such rights are traded. In recent times there has been a broadening and deepening of the notion of rights to cover a wide range of political, social and economic human rights, including the right to development itself. This paper traces the emergence of these human rights concerns and the legal and other institutional measures taken to address them. Developments that have included the emergence of a claim to the right to development itself, which have in turn become linked to the emergence of new development targets like Millenium Development Goals. A development that has introduced new tensions between traditional development thinking and new rights based practice that is not restricted to the broad goals of human development. Tensions in relation to the realisation of human rights goals that are also being felt in the communities and development organisations that are adopting human rights values and principles to guide their operations. Changes that are leading to emergence of new very different development priorities, principles and practices the effects of which are still not fully apparent.
Research Handbook on International Human Rights Law, 2010
International Social Science Journal, 1998
Kathmandu School of Law Review
Although judges are often examined and inspected on various court affairs and subsequent efficien... more Although judges are often examined and inspected on various court affairs and subsequent efficiency or deficiency, judge-making systems, especially supersession, is largely unchecked. Nonetheless, it comprises a huge ground for worrying domain of diminishing values and esteem of courts. Unfair practices in appointment and the way they are responded to, hugely embody devastating present and damaging future for expected strength in judiciary. This paper, besides citing various scholars’ views on how a judge should be, critically examines the tendency of Supersession (one of the wrong norms in judicature) and its impacts in eroding the efficacy of judiciary.