authorities. Moreover, the practice of the state
bearing the burden of compensation to the victims
of human rights violation without making the
individuals responsible for such act calls for
separating individual liability against state/
institutional liability to discourage both the
individual and the state from violating human
rights. Thus, impunity has been a serious
obstacle in ensuring rule of law and protection
of human rights of the people in accordance
with the Constitution of Nepal, along with
various laws and international human rights
treaties to which Nepal is a party.
It is not satisfactory that the army and the police
use internal disciplinary procedures to deal
with serious human rights violations caused by their
22
personnel. The government’s practice of
shouldering the responsibility of compensating the
victims of human rights violation for the crime
committed by its employee is also not helpful to
change the situation, not to mention that it is a
gross misuse of tax payer’s money. The
prosecution system is weak and often ineffective
to prevent reoccurence of similar crimes.
Moreover, there is no provision to bring to justice
the Maoists who have committed heinous crimes
like rape, murder, abduction, extortion etc. As a
result, the faith of the people in the rule of law
has declined.