By Narayan Prasad Mishra
The strength of a democratic nation is measured not by the severity of its laws but by the fairness, wisdom, and humanity with which those laws are made and enforced. Democracy flourishes when the government protects the rights and dignity of its citizens while ensuring accountability through just and reasonable laws. When laws become excessively harsh or are imposed without public confidence, democracy begins to lose its moral foundation.
Recent developments in Nepal have raised an important question: Is our democracy moving toward good governance, or is it drifting toward rule by fear through draconian laws?
The tragic death of Ganesh Nepali during a police operation and the government’s proposal to impose traffic fines of up to Rs. 25,000 or Rs. 50,000 for certain traffic violations have generated widespread public concern. Although these issues are different in nature, they both point to a common challenge: maintaining public trust while enforcing the law.
The death of Ganesh Nepali deserves a transparent, impartial, and credible investigation. The formation of the government commission for it should be appreciated. In a democratic country, no citizen should lose their life without full accountability from the authorities. Justice must not only be done but also be seen to be done.
There is no doubt that our country needs stronger traffic discipline. Reckless driving, speeding, drunk driving, and other traffic violations have claimed thousands of lives and caused enormous economic losses. Strict enforcement is therefore necessary. However, strict enforcement does not require excessive punishment.
Nepal remains a low-income country where many citizens struggle to support their families. For many people, a fine of Rs. 25,000 may equal or exceed an entire month’s income. Such penalties may create financial hardship rather than encourage responsible driving.
The purpose of traffic laws should be to improve road safety, not to impose unbearable financial burdens. Good governance requires that penalties be proportionate to both the offence and the country’s economic realities. A fine that may be reasonable in a wealthy nation can become oppressive in a developing country like Nepal.
Road safety also depends on more than heavier penalties. Many accidents result from poor road conditions, inadequate traffic signs, insufficient street lighting, weak driver education, and inconsistent enforcement. Unless these structural problems are addressed, increasing fines alone is unlikely to produce lasting improvements.
The principle of equality before the law also deserves attention. Heavy fines affect ordinary citizens far more severely than the wealthy. For a prosperous individual, Rs. 25,000 may be an inconvenience; for a daily wage worker or a small business owner, it can mean sacrificing money needed for food, rent, education, or medical care.
Democracy is more than majority rule. It is government under the rule of law, guided by constitutional principles, human rights, and public accountability. Before introducing laws that significantly affect citizens’ lives, democratic governments should consult the public, seek expert advice, and carefully assess their likely social and economic consequences.
A draconian law is one whose punishment is disproportionate to the offense or disconnected from the realities of society. Fear may produce temporary compliance, but lasting respect for the law comes from fairness and public confidence.
Our country has repeatedly committed itself to good governance, transparency, and people-centered administration. These commitments must be reflected in practice. Honest, efficient, and accountable institutions strengthen democracy far more effectively than increasingly severe punishments.
The government should therefore reconsider the proposed traffic fines through broad public consultation. A graduated system of penalties, combined with mandatory traffic education, improved road infrastructure, stricter licensing standards, and consistent law enforcement, would likely achieve better results than relying primarily on exceptionally high fines. Instead of imposing the same heavy fine on everyone, the law applies progressively stricter penalties for repeated or more dangerous offenses.
Likewise, the government must ensure a transparent and independent investigation into the death of Ganesh Nepali. Public confidence in democracy depends upon accountability whenever lives are lost in actions involving state authorities.
Our country’s democratic journey has required enormous sacrifices by countless citizens over many decades. That hard-earned democracy should not be weakened by excessive use of state power or by laws that appear disconnected from the realities faced by ordinary people.
The true purpose of law is to protect society while respecting justice, dignity, and proportionality. Good governance does not govern through fear; it governs through fairness. Democracy becomes stronger not by making laws harsher but by making them wiser, more just, and more humane.
As our country continues to strengthen its democratic institutions, policymakers should remember a simple but enduring principle: the legitimacy of law depends not only on its enforcement but also on its fairness. Laws that command public respect endure, while those that impose disproportionate hardship invite resentment. The challenge before our country is not merely to make stricter laws, but to make better laws—laws that protect life, promote justice, and strengthen the bond of trust between the government and the people.
Email: narayanshanti70@gmail.com
About the author: A non-partisan writer of several books and numerous articles in Nepali and English; former Chief of the Office of the Tribhuvan University Service Commission, Nepal; and a senior citizen in his mid-eighties.
Login to add a comment