The relationship between the poor and the law

If the poor accused is unable to post bail or bond, he should remain in jail and be punished like a criminal without being found guilty of a crime.

Chaitra 19, 2081

Prakash Adhikari

The relationship between the poor and the law

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The constitution of Nepal and the laws, rules, regulations and orders under the constitution are made for them, many of the common citizens are illiterate, illiterate and poor. But ignorance of the law cannot be an excuse for anyone. Lyndon B. Johnson, the 36th president of the United States, has a poignant saying: "A man should not be imprisoned for being guilty." He has not been jailed even after being punished. He is not even kept in jail to see if he will escape without paying his sentence. The only reason he is in jail is that he is poor.

Wealth can be hidden but poverty cannot be hidden. In our society, the majority of people who commit crimes and go to jail belong to the lower middle class. The problems of the poor are poverty, illiteracy, economic backwardness and lack of resources. Living in poverty also means living in constant danger of violence. The poor get the most benefits when the law and order is in place and the crime is reduced and the society is peaceful. 

The poor are rarely considered trustworthy, reliable and honest. Bosses/employers, the rich, government employees and even the government hate the poor. The poor are considered lazy, inefficient and a burden on society. They are harassed, humiliated and discriminated against in every way. The poor have no one to represent them, so they are powerless. Leaders shed tears on public platforms for the poor and squatters, but the same squatters are uprooted and formulate policies and laws in favor of the 'would-be eaters'.

The poor lack collective power and when they try to unite against powerful political, economic and social groups at the local level, they see a threat to their hegemony and trample the poor. When there is a crime, the police first goes to the poor slums, as if crimes are committed only by the poor. Unfavorable behavior towards them at every level of society lowers the self-image of the poor, instills in them a sense of inferiority and hinders their ability to gather resources and means to escape from poverty.

According to the laws of Nepal, the poor are people or groups who are below the national or regional poverty line determined by the Nepal government from time to time under certain criteria, who are backward based on indicators of human development such as education, health, and who are not included in the national development process based on certain gender and social groups. The Poverty Alleviation Act seems to make this definition from the angle of income, consumption and ability of the person. 

Subject to the laws made by the legislature, the executive distributes services and facilities to the citizens in a clean, rational, equal and non-discriminatory manner by making maximum use of the available resources, while the courts provide punishment to the offenders and compensation to the victims. According to the current criminal law, those who are unable to provide the bond or bail set by the court should be kept in custody and the case should be tried. If the poor accused is unable to file a bond or bail, he should remain in prison and be punished like a criminal without having committed a crime. 

There is a law to provide the facility of not having to stay in prison by forcing the court to pay an amount of 300 rupees per day for the crime punishable by imprisonment for one or less than one year. According to the judgment of the court, the fines imposed and the government malpractices that have not been recovered and those who are unable to file the amount of compensation and malpractices are imprisoned and recovered. That is, the poor who cannot pay the amount of imprisonment, fines, damages and compensation should stay in prison.

People seeking court services in property matters have to file revenue based on a percentage of the claim as court fees. If there is a breach up to fifty thousand rupees, the court fee will be charged at the rate of one hundred and five rupees. After this, up to one lakh, up to five lakh, up to twenty five lakh and anything above twenty five lakh are divided into 6 categories. Above 25 lakhs regardless of the amount of damages, court fee is charged at the rate of 1000 for the higher amount. Generally, issues related to the poor are few and far between. The poor have to pay more fees to get court services. 

If there is reasonable ground to believe that the court fee due to be absolutely poor is unable to pay all or part of it, or if it is seen that the fee is unable to be filed with nothing other than the object of dispute, the law provides that the fee can be charged after the case is decided, but the condition is that it must be recommended by the relevant local level, there is no provision that can be waived. 

The word poor is not used in the constitution of Nepal but the terminology used is similar to poor. In order to realize the things mentioned in the preamble, the fundamental right of the poor and the rich to live with dignity, to be equal in the eyes of the law and to have equal protection of the law has been ensured. The constitution guarantees that only 'equality between equals' can be differentiated for the protection, empowerment or development of socially or culturally backward, oppressed and backward classes, marginalized, workers, disabled or helpless, backward areas, economically disadvantaged Khasary citizens. 

Feelings of insecurity and despair fall within the dimension of poverty. Only after being freed from fear, both the rich and the poor look for grass, shelter and cotton for their livelihood. The Public Safety Act and various criminal laws are operational to fulfill the primary responsibility of the state to maintain public peace and security. The fundamental right of the state to provide the land for cultivation of grain to the once landless Dalits is in the constitution. In order to improve the standard of living of real farmers who depend on land, the commitment to equitable distribution of arable land and access to the necessary knowledge and tools related to agriculture has been made in the law related to land.

Government policies, plans and programs are seen to provide free legal aid by the state to ensure the access of the poor to justice. The legal aid committee at the district level gives legal advice to those recommended by the local level as having an annual income of less than forty thousand rupees. Free Drafting of Complaint, Reply. Every court has an authorized paid lawyer to give free legal opinion advice and plead arguments on behalf of the accused of government criminal offenses who cannot appoint legal professionals. 

One of the main agendas of the United Nations 'Millennium Declaration' is poverty alleviation, and according to the United Nations Commission on Human Rights, guaranteeing human rights, social justice and equal access to services are essential for poverty alleviation.

Prakash

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