Use of Legislation as a state tool of power on people in autocracies
Concept of autocracy
The word 'Auto' means ‘self’ and ‘cracy’ means ‘power’. It is the state of situation where the power is accumulated by a single body. It occurs in a situation where there exists a lack of representation of people in the governance process. This very situation manifests certain elements as abuse of power, unaccountable government, suppressed media and so on.
Nepal has also gone through a scenario where the country was governed in an autocratic rule. Different legislations were enacted and brought by the government which were of autocratic nature. Some of the autocratic legislations that were brought in Nepal are: -
i. आतंकारी तथा विध्वंसनात्मक कार्य (नियन्त्रण तथा सजाय) गर्न व्यवस्था गर्न बनेको अध्यादेश २०६१.
This ordinance was brought by the king Gyanendra Bir Bikram Shah Dev on 27th Ashoj 2061 to control the popular people's movement which was going on there against the government. He felt threatened and introduced this ordinance after his autocratic rule of dissolving the Parliament through Prime Minister Sher Bahadur Deuba.
This Ordinance has the provision of putting any person in detention for six months and also with an additional six months(section9), no one can carry arms and ammunition and there is control over Information and Communication(section 16).
ii. भ्रष्टाचार नियन्त्रण शाही आयोग २०६१.
This notice was issued by the major secretariat of rajdarbar on 5th Falgun 2061. By this notice a Commission of six members was formed by the king to control the corruption and this Commission has given the right to find the people who are in your way the provision of this order and see the property of such persons as well (section 7).
iii. सञ्चार सम्बन्धी केही नेपाल ऐन संशोधन गर्ने अध्यादेश २०६२.
This Ordinance was brought by the king Gyanendra Bir Bikram Shahadev to have control over the media on 23rd Ashoj 2062. The intention to bring this was to take control over the press and incorporate the provision of having the license for the regulation of radius and TV and news.
It has the provision of amendment on the then existing certain laws like:-
- रेडियो ऐन २०१४.
- राष्ट्रिय समाचार समिति ऐन २०१९.
- छापाखाना र प्रसारण सम्बन्धी ऐन २०४८.
- प्रेस काउन्सिल ऐन २०४८.
- गाली बेइज्जती ऐन २०१६.
Prepared and Edited By: Manish Rajak & Madhu Dahal
