Structure of Law Curriculum in Secondary
level (Grade 11 and 12)
Grade
|
Grade XI
|
Grade XII
|
||
SN
|
Subject
|
FM
|
Subject
|
FM
|
1.
|
Comp.
English
|
100
|
English
|
100
|
2.
|
Comp. Nepali
|
100
|
Legal
Drafting
|
100
|
3.
|
General
Principles and Theories of Law
|
100
|
Procedural Law
|
100
|
4
|
Nepalese
Legal System
|
100
|
Civil law
and Justice and Criminal Law and Justice
|
100
|
5.
|
Constitutional
Law and Nepalese Constitution#
|
100
|
Human Rights
|
100
|
Grand Total
|
500
|
Grand Total
|
500
|
|
##Other subjects can be taken alternatively for these subjects
from the list of optional subjects given in the curriculum of grade 11-12.
Draft
curriculum of
1.
General Principles and Theories of Law
Full Marks: 100
Pass Marks: 35
Teaching Hours:180
Introduction
The systems of law and justice in all countries do
constitute collectively a core foundation of the governance of their societies.
The contribution of the systems of law and justice in fostering law and order
and the process of democratization, including rule of law and good governance,
is explicably indispensable. A democratically functional system of law is vital
for attaining trustworthy civic responsibility of general population as well as
it is a tool of smoother transition of society towards better situation.
Furthermore, a functional system of law is a
condition precedent for the economic development and social transformation of
the given society. The study of law and justice is thus vital for all purposes,
and as such the discipline of law constitutes a cross-cutting subject which
encompasses every aspects of individual human and social life.
The history of formal legal education, in Nepal, is
comparatively shorter, and the history of recognition of jurisprudence, as a
vital component of the study of law, is too short. In this context, the opening
up of opportunities for aspiring students to study law at secondary level
(11–12) is not only important form the point of view of academic pursuit but also vital in view of generating a mass of efficient and
effective lower-level human resources to
be consumed by the institutions of law and justice. This is so also due to need
of fostering rule of law and good governance in the context of new democratic
constitution. In consideration of these multiple significances, the stream of
the education of law and justice at the higher secondary level is considered to
be a milestone for fostering rule of law as well as required lower-level human
resource.
The subject General
Principles and Theories of Law, in particular, is considered
indispensable to acquaint students of some vital principles and theories of law
and justice. The principles and theories of law collectively represent 'the
science of law', which is precisely defined as jurisprudence. Understanding of
jurisprudence is vital for several reasons, the enhancement of the capacity of
students towards realistic interpretation of the provisions of law being the
cardinal one. As a matter of fact, this course, which embodies cardinal
principles, theories and schools of thoughts, is introduced primarily with a
view to impart to students with foundational
knowledge of some cardinal principles, theories and schools of legal thoughts.
Competencies
The competencies of the course are as follows:
- To befamiliar of 'general principles and theories of law and various
legal thoughts which collectively constitute the 'fundamental science of
law' or jurisprudence.
- To demonstrate understanding of the importance, definition, and
types of law as well as several school of thoughts which are in use in the
field of the study of law and justice.
- To enhance
understanding of the legal system of Nepal.
Learning Outcomes:
This course is expected to
specifically address the following objectives:
1. To explain and be familiar with the definition of jurisprudence, law,
right, duty personality, property, liability and build understanding about the
types of law and various schools of thoughts on law.
2. To be familiar with general principles and theories of law making
procedure in Nepal.
3. To distinguish between fundamental and legal rights and duties.
Detailed
Course Structure and Components:
Unit
|
Topics
|
Sub-topics
|
Credit (%)
|
1.
|
Definition and Importance of Law
|
· General Meaning and Definition of Law,
History of law
·
Specific
Definitions of Law by Various Jurists such as John Austin, Salmond,
Holland, Karl Von Savingny, Roscoe Pound, Narada and Chanakya.
·
Legal Terminologies:Court, Ain, Niyamawali,
Adhaydesh, Advocate, Senior Advocate, Judge, Tribunal, Quasi Judicial Body,
Judicial Council, Shrestedar, Ijalas, Pesi, Bahas, Anusandhan, Abhiyojan,
Faisala, Firadpatra, Pratiuttarpatra, Sakshi, Waresh etc.
|
17
|
2.
|
Types
of Law
|
·
Substantive and Procedural Law
·
Criminal and Civil Law
·
National and International Law.
·
Public International Law and Private
International Law
·
Some other types:Commercial or business Law,
Family Law, Contract Law, Law of Torts, Environmental Law, constitutional law
etc.
|
9
|
3.
|
Introduction
to sources of law and Various school
of Thoughts
|
·
Sources of Law: legislation, custom, precedent
·
General introduction to jurisprudence
·
Introduction to Basic Characters of Analytical
School of Law: John Austin and Jeremy Bentham
·
Introduction to Basic Characters of Historical
School of Law: Karl Von Savigny and Henry Main
·
Introduction to Basic Characters of
Sociological School of Law, including Socialist School of Law: Ihering,
Roscoe Found and Karl Marx
·
Introduction to Basic Characters of Realist
School of Law: Holmes and Frank.
|
15
|
4.
|
Concept
of Rights and Duties
|
·
Definition of Right and duties
·
Elements of Right and duties
·
Relation between Right and Duties
·
Types of Rights: Perfect and Imperfect Rights,
Absolute and Contingent Rights, Fundamental and Legal Rights, Rights in rem and Rights in personam, General Rights and Human Rights.
·
Types of duties: Moral, Civic and Legal.
|
9
|
5.
|
Concept
of Property
|
·
Meaning and Definition of Property
·
Types of Property: Movable and Immovable
Property, Tangible and Intangible Property such as intellectual property
rights.
|
9
|
6.
|
Concept
of Possession and Ownership
|
·
Meaning and Definition of Possession and
Ownership
·
Elements of Possession and Ownership
·
Difference between Possession and ownership
·
Difference between Prescription and Possession
·
Difference between Confiscation and
Possession.
|
7
|
7.
|
Concept
of Personality
|
·
Meaning and Definition of Person and
Personality
·
Types of Persons
·
Personality of Unborn Child
·
Personality of Animals
·
Personality of Dead Persons
|
12
|
8.
|
Concept
of Liability
|
·
Meaning and Definition of Liability
·
Types of Liability
·
Distinction between Liability and Obligation
|
6
|
9.
|
Morality
and law
|
·
Definition of Morality
·
Differences between Law and Morality
|
6
|
10.
|
Concept of Justice
|
·
Meaning and Definition of Justice
·
Administration of Justice
·
Recognized
Principles of Justice
|
10
|
Total
|
100
|
Instruction
Methods
This
course is to be taught by a competent teacher with Master Degree in Laws (LL.M). The assigned teacher must
follow the following methods of instructions:
1.
Necessarily
provide students with handouts in
advance in the form of fairly adequate explanation of the course contents,
particularly in the fundamental legal terminologies described in the Unit 1
(one). The assigned teacher must introduce appropriate terminologies, in
addition to those incorporated in the Unit One. The meaning of the
terminologies must be explained conceptually, thus giving examples and
illustration is mandatory.
2.
The
assigned teacher must provide an explanatory lecture on the given course
component, and must encourage students to discuss and ask questions. The
explanatory lecture must combine the Socratic dialogue method.
3.
The
assigned teacher must specifically identify the particular reference material
for reading and for the detailed knowledge on particular course component.
4.
Using
case laws, statutes, and reference books must be mandatory.
5.
The
teacher must require students to 'engage on project works' on relevant chapter.
For instance, the assigned teacher can require students to reflect on
'situation of application of particular provision of law in practice'.
6.
The
group works, discussion and problem solving methods are advised as best methods
for the study of the components.
7.
Legal
practices should be done either in the court or the law campuses.
8.
Marking scheme
SN
|
Questions
type
|
Total Number of questions to be asked
|
Required number of answer to be
attempted
|
Mark per question
|
total marks
|
time (minute)
|
1
|
Very Short answer questions
|
17
|
15
|
2
|
30
|
54
|
2
|
short answer question
|
10
|
8
|
5
|
40
|
72
|
3
|
Long answer question
|
4
|
3
|
10
|
30
|
54
|
Total
|
31
|
26
|
100
|
180
|
At least one
Question will be asked from each unit.
Reference
Materials
1.
P. J. Fitzgerald
(Latest Edition), Salmond on
Jurisprudence, Sweet and Maxwell, London.
2.
/hLteStk|wfgfË / lszf]/ l;njfn, ljlw
zf:qsf] ;fdfGo ?k/]vf, /Tgk':ts e08f/, sf7df08f}F
3.
o'j/fh ;+uf}|nf, sfg'gzf:qtyfsfg'gsf
l;b\wfGt, sf7df08f}F
:s"nckm n, @)^^, eStk'/
4.
YubarajSangroula,Jurisprudence: The Philosophy
of Law, The Loquitur Publishing Company, 2013, New Delhi
5.
zÍ/ s'df/ >]i7, Gofotyfsfg'g
s73/fdf, k}/jLk|sfzg,
@)^@, sf7df08f}F
6.
Surya
Prasad Dhungel, Puskar M. Bajracharya, Bhuban B. Bajarcharya, The
Legal System of Nepal, Laws Legal Analysis Wings of Scholars,1985,
Delhi
7.
NomitaAggrawal,
Jurisprudence, Central Law Publication , 2008, Allahabad
8.
Tony
Honore, About Law: An Introduction , Oxford University Press,
1995, New York
9.
uf}/Laxfb'/ sfsL{, g]kfnsf]
jt{dfg ;+ljwfgljrf/ / JofVof, k}/jLk|sfzg, @)%%, k'tnL;8s,
10.
o'j/fh ;+uf|}nf ;d]t -;Dkfbs_,
;+ljwfg ;efk|lqmof, kb\wlt / ljifox?,sfg'gcGj]if0f
tyf ;|f]tljsf; s]Gb -;]n8{_, @)^$, sf7df08f}F
11.
Bibek
Kumar Paudel, An Outline of Law, MM Publication, 2015, Kathmandu.
12.
s[i0f a]naf;],ljlwzf:qsf] kl/ro
, Pd\Pd\klAns]zg, sf7df08f}F
2.Nepalese Legal System
Full Marks: 100
Pass Marks: 35 Teaching
Hours:150
Introduction:
Legal system of a country
represents its history. Legal system reflects not only social behavior it also
reflects the political and cultural trends of any nation. Legal system consists
of law making and the law implementing process both. Legal system represents
the history and civilization of a particular country. It incorporates the ideas of legal and
political philosopher those are expressed for the betterment of the society and
the nation as well. A legal system can’t remain static. It is dynamic. It
changes with the mind and will of the people. So, legal system has been
instrumental for social change. Legal system is supposed to reflect the will of
the people. Nepalese legal system has been changed with the ups and downs of
Nepalese society. In particular political change has brought massive changes
into law and legal system. Every legal system aims at establishing the
egalitarian society. To this context it attempts to maintain the balance
between social, political and economic policies of the states. Legal system
works as a means and endeavors to achieve the justice as an end in the society.
Law students at higher
secondary level should have the knowledge about the legal system, Nepalese
legal history, court system, justice dispensationprocedures, role and functions
of the lawyer in the society and legal education. This course particularly aims
at imparting knowledge to the students about the Nepalese legal history, legal
system and legal education as well. Along with this, students will have general
knowledge about the development of the legal system and how other legal systems
of the world influence each other.
Competency
After studying the courses the students will be able
to;
·
know about the meaning functions and importance of the legal
system,
·
know about the legal system existing in the world in brief,
·
know about the development of Nepalese legal system,
·
know about the influence of Hindu law as the source of the
Nepalese legal system,
·
know about the judicial institutions and their functions, and
·
know about the legal profession in Nepal
Detailed Course Structure and Components:
Unit
|
Topics
|
Sub-topics
|
Credit (%)
|
1.
|
Introduction
|
·
Meaning and definition of legal system
·
Importance of legal system
·
Characteristics of legal system
|
10
|
2.
|
General
introduction to major legal systems
|
·
Common law system
·
Civil law system
·
Socialist law system
·
Religious law system
|
15
|
3.
|
Hindu Law
|
·
Hindu Concept of Law
·
Meaning and Nature of Hindu Jurisprudence
·
Evolution of Hindu Jurisprudence
·
Sources of Hindu Law
·
The schools of Hindu law
·
Concept of justice
·
Concept of property
|
15
|
4.
|
Nepalese
legal system
|
·
Introduction and basis of Nepalese legal system
·
Modernization of Nepalese legal system
·
Characteristics of Nepalese legal system
·
Sources of Modern Nepalese Law
·
Court Structure – Judicial and Quasi judicial bodies
·
Judicial activism
·
Judicial Review
·
Alternative Dispute Resolution- Arbitration and Mediation
|
20
|
5.
|
Development
of Nepalese legal system
|
·
Legal system of Nepal before Codification
Ø Laws of Kirat
Ø Laws of Lichhavi
Ø Laws of Malla Period and
Ram Shah
·
Legal system of Nepal after Codification
Ø Muluki Ain 1910 B.S and
beyond
Ø Naya Muluki Ain 2020 and
beyond
Ø Era of Specific Statutes
(2007 BS and Beyond)
·
Constitutional History of Nepal
|
10
|
6.
|
Influence of
other Legal System on Nepalese legal system
|
·
Influence of religious (Hindu) legal system
·
Influence of common law system
·
Influence of civil law system
·
Influence of socialist legal system
|
10
|
7.
|
Legal
Education and Legal Profession in Nepal
|
·
History of Legal Education
·
Historical of legal profession
·
Categories of lawyers
·
Lawyers as social engineers
·
Code of conduct of lawyers
·
Punishment for the violation of code of conduct
|
20
|
Total
|
100
|
Instruction Methods
This course is to be
taught by a competent teacher with Master Degree in Laws (LL.M). The assigned
teacher must follow the following methods of instructions:
·
Necessarily provide students with handouts in advance in the
form of fairly adequate explanation of the course contents, particularly in the
legal terminologies described in the course.
·
The assigned teacher must provide an explanatory lecture on
the given coursecomponent, and must encourage students to discuss and ask
questions. The explanatory lecture must combine the Socratic dialogue method.
·
The assigned teacher must specifically identify the
particular reference material for reading and for the detailed knowledge on
particular course component.
·
Using case laws, statutes, and reference books must be
mandatory.
·
The teacher must require students to 'engage on project
works' on relevant chapter. For instance, the assigned teacher can require
students to reflect on research and observation of the manuscript, historical
facts, museum and archaeology.
·
The group works, and discussion are advised as best methods
for the study of the components.
Prescribed Materials
1.
Khanal, R.R., Nepalko
Kanooni Itihasko Rooprekha, Kathmandu: Mrs. Saraswoti Khanal, 2059
2.
Osti, Prakash (editor), Kanoonsambandhi
Kehi Etihasik Abhilekhharu, Kathmandu: Lawyer's Club, 2063
3.
Osti, Prakash, Hamro Kanooni Itihaska
Kehi Jhankiharu, Kathmandu: Pairavi Book House, 2063
4.
Pant, Prof. Dinesh Raj, Nyayabikashini (Manavnyayasastra, A Law
enacted by King Jayasthiti Malla in Nepal Era 500 (AD 1380)
Co-publication of Kanoon Bi-monthly Law
Journal, Kathmandu: Lawyer’s Club, 2065
5.
Paudel,
Bibek Kumar, An Outline of Law,Third
Edition, Kathmandu: MM Publication, 2015
6.
Shrestha, G.B, Hindu
Jurisprudence and Nepalese Legal System, Kathmandu: Pairavi Prakashan
7.
Mahesh Chandra Regmi Nepal Ko Baidhanik Parampara
3.Constitutional Law and Nepalese ConstitutionGrade XI
Full Marks: 100
Pass Marks: 35
Teaching Hours:180
Introduction
Nepal has a history of constitutional law over 75
years, beginning from the 1948 (AD). With changes in the political environment
and political systems in different times, Nepal has pursued a practice of
adopting a new constitution successively. Among constitutions adopted in
different time, the Constitution of Nepal occupies a special place for its
being promulgated in 2072 by the popularly elected Constituent Assembly. The
Constitution of any country is a fundamental law of the given society. This
course is thus introduced to 'intensively introduce the students with the
fundamental features of the Constitutional Law, the Constitutional Law of Nepal
in particular, and the constitutional development in Nepal'.
Competencies
The Competencies of the
course are as follows:
1. To be
familiar with general principles and theories about State, Government,
fundamental rights, federalism, self-governance, constitutional bodies, and constitution
making procedures.
2. To describe
the general perspectives of the importance and function of the government in
accordance with the Constitution of Nepal
Learning
Outcomes:
This course is expected to address the following Learning
Outcomes:
1. To explain and be aware with the concept anddefinition of constitution,
types of constitution, fundamental rights and directive principles with special
emphasis on the provisions enshrined into the Constitution of Nepal
2. To describe the constitution makingand amendment procedures prescribed by
the Constitution of Nepal.
3. To describe the federal state, decentralization and separation of power
and self-governance.
4. To explain about the federal structure and local government system in
Nepal.
5. To describe the constitutional bodies and security system of Nepal.
Detailed Course Structure and
Components:
Unit
|
Topics
|
Sub-topics
|
Credit (%)
|
8.
|
Concept
and Definition of Constitution
|
·
General Definition of Constitution
·
History of constitutional development.
·
Importance and elements of Constitution
·
Concept of Constitutionalism and Limited Government
·
constitutional development in Nepal
|
12
|
9.
|
Constitution
Making Process
|
·
Constitution making by commission
·
Constitution making by experts
·
constitution making by Constituent Assembly
·
Constitution making by Referendum
·
Other Processes
|
10
|
10.
|
Kinds
of constitution
|
·
Written and Unwritten Constitution
·
Federal and Unitary Constitution
·
Rigid and Flexible Constitution
·
Evolutionary and Enacted Constitution
|
7
|
11.
|
Fundamental
Rights, Duties and Directive Principles and Policies of state
|
·
Concept and definition of Fundamental Rights
·
Different types of fundamental rights
guaranteed by constitution of Nepal
·
Fundamental Duties of Citizens
·
Emergency and Derogation of Fundamental
Rights.
|
10
|
12.
|
State
|
·
Unitary and Federal structure of state and its
merit and demerit.
·
Organs of state: Legislative, executive and judicial organs
·
Doctrine of separation of power and check and
balance
|
7
|
13.
|
Structure
of Federal Government under Constitution of Nepal.
|
·
President and Vice president of Nepal:
Election, tenure, functions, powers and duties
·
Federal Council of Ministers: Composition and
Election and Appointment of Prime Minister and Ministers.
·
Accountability of Prime Minister and Ministers
·
Function of the Council of Ministers.
·
Condition of vacancy of Prime Minister
·
Federal Legislative Body: Composition and
election of the House of Representative and Upper House.
·
Direct Election and Proportional Elections.
·
Concept of representation by groups.
·
Functions, powers and duties of Federal
Parliament- enactment of acts, ratification of treaties, approval of the
appointments and adoption of annual budget.
·
Dissolution of Federal Parliament and Mid-term
Elections
·
Judicial Organs: Hierarchy and, jurisdiction
(Functions, powers and duties) of the Court
·
Tribunals and quasi-judicial bodies
·
Appointments of judges and axillaries
·
Removal or impeachment of judges of the
Supreme Court, High Court, District court and other judicial bodies
|
19
|
14.
|
Structure
of Provincial Government under Constitution of Nepal
|
·
Structure and composition of the Provincial
Government: Provincial Council of Ministers and Legislative Assembly.
·
Functions, powers and duties of provincial
government
·
Enactment of Acts and adoption of annual
budget.
·
Election provincial Assembly and formation of
government.
|
12
|
15.
|
Structure
of Local Self –Governance system under constitution of Nepal
|
·
Composition, election, function, powers and
responsibilities of the Local Government.
|
6
|
16.
|
Power
Distribution Structure of State
|
·
Power Distribution between Federal, Provincial
and Local Government- power list, federal power list, provincial power list,
concurrent power list, local government power list and residual power.
|
6
|
17.
|
Security
Agencies of Nepal under Constitution of Nepal
|
·
Composition, power, functions and
responsibilities of Nepal Army, Nepal police, Armed Police Force and National
Investigation Department.
|
6
|
18. C
|
Commissions
and Constitutional Bodies
|
·
General Introduction to Constitutional Bodies
such as Commission on Investigation of Abuse of Authority , Auditor General,
Election Commission, Public Service Commission, Attorney General and other Constitutional bodies/Commissions
|
5
|
Total
|
100
|
Instruction
Methods
This
course is to be taught by a competent teacher with Master Degree in Laws (LL.M)
with specialization preferably in Constitutional Law. The teacher must follow
the following methods of instructions:
1.
The
assigned teacher must provide students with handouts in the
form of fairly adequate explanation of the each course content.
2.
The
assigned teacher must provide an explanatory lecture on each of the course
content and encourage students to discuss and ask questions. The Socratic
dialogue method is considered most appropriate for this course. The teacher
must attempt to obtain general perception of the students about the course
content before the lecture starts, and to give detail explanation on the given
content so as to remove their looming confusions.
3.
The
assigned teacher must specifically identify the particular reference book for
detailed knowledge on the particular course component.
4.
The
assigned teacher must use the 'Constitution of Nepal, as an everyday reference
material.
5.
Using
case laws, statutes, and suggested reference books must be mandatory.
6.
The
teacher must require students to 'engage on project works' on relevant chapter.
9.
The
group works, discussion and problem solving methods would be particularly
important for this course.
10.
Marking scheme
SN
|
Questions
type
|
Total Number of questions to be asked
|
Required number of answer to be
attempted
|
Mark per question
|
total marks
|
time (minute)
|
1
|
Very Short answer questions
|
17
|
15
|
2
|
30
|
54
|
2
|
short answer question
|
10
|
8
|
5
|
40
|
72
|
3
|
Long answer question
|
4
|
3
|
10
|
30
|
54
|
Total
|
31
|
26
|
100
|
180
|
At
least one Question will be asked from each unit.
Reference
Materials:
1.
Constitution of
Nepal
2.
BuddhiKarki and RohanEdrishina (eds.), Participatory
Constitution Making in Nepal,UNDP, 2014 (AD), Kathmandu
3.
BuddhiKarki
and RohanEdrishina (ed.),The Federalism: Debate in Nepal,
UNDP, 2014 (AD), Kathmandu
4.
Kashi Raj Dahal, Sambidhan, (1st
ed.)Kashi Raj Dahal, Kathmandu
5.
Secretariat of the Constituent Assembly,
SinghaDurabar, SambidhanshavaDarpan, Kathmandu.
6. o'j/fh
;+uf|}nf, g]kfnsf
/fhlglts ;d:of M ljZn]if0 / ?kfGt/0fsf k|lqmofx? -;Gbe{ M ;+ljwfg;ef /
/fHok|0ffnLsf] k'gM;+/rgf _, sf7df08f}F :s'nckm n, @))), eStk'/
7. uf}/Laxfb'/
sfsL{, g]kfnsf] jt{dfg ;+ljwfgljrf/ / JofVof, k}/jLk|sfzg, @)%%, sf7df8f}+
8.
sgs la qmd yfkf ;d]t, g]kfnsf] ;+ljwfg,
lk|m8Ln, sf7df08f}F
9.
o'j/fh ;+uf|}nf
;d]t -;Dkfbs_, ;+ljwfg ;efk|lqmof, kb\wlt
/ ljifox?,sfg'gcGj]if0f tyf ;|f]tljsf; s]Gb -;]n8{_,
@)^$, sf7df08f}F
10.
BhimarjunAcharya, Making Constitution
Through Constituent Assembly, PairaviPrakashan , 2006, Kathmandu.
11. sdn/fhyfkf
-;Dkfbs_, zf;g, ;+ljwfg / ;d;flos ;jfn , lnun l/;r{ P08 P8\ef]s];L
kmf]/d\ -LRAF
_, @)^^, sf7df08f}F
12. /fh]z
uf}td, g]kfnsf] ;+j}wflgsOltxf; , /Tg k':ts e08f/, @)%$,
sf7df08f}F
13. lagf]b
a:ofn, ;+j}wflgssfg'g, n'lDagLk|sfzg, @)&#, sf7df08f}F
4. Legal Drafting
Level: XII
Full Marks: 100
Pass Marks: 35
Teaching
Hours:180
Introduction
Drafting
is a professional tool and is essential for professional legal communication.
The legal drafting comprises of specific skills, art and knowledge of law and
its application in practice. Without required competence of drafting legal
documents, no one can be a competent law practitioner.This course is therefore
introduced to prepare students with basic and fundamental skills and art of
drafting of legal documents. The course contains 50 marks as practical
activities.
Competencies
The
Competencies of the course are as follows:
1.
To
demonstrate understanding of core legal documents to be used by courts and
various other institutions, including the local government body.
2.
To
prepare some basic and core legal documents in general use in the society in
legal proceedings and transactions.
Learning
Outcomes
This course is specifically expected to address the
following objectives:
1.
To
obtainbasic skills and art of drafting of documents related to court
proceedings, crime investigation, and prosecution.
2.
To
be familiar with basic skills and art of drafting of documents related to
different types of mortgage, deed of will, loan deed, property partition deed,
and other deeds related to private transactions between individuals.
3.
To
prepare draftsof various types of no-objection or recommendation documents essential
for the local government.
4.
To
prepare various types of court documents and other legal documents and muchulka.
Detailed Course Structure and Components
for the theoretical part:
Unit
|
Topics
|
Sub-topics
|
Marks
|
1.
|
General
Introduction to Legal Drafting
|
·
Introduction to legal Drafting.
·
Basic principles on techniques of legal
drafting
|
4
|
2.
|
Drafting
of Court Documents
|
·
Drafting of deed of complaint ( phiradpatra)
and Response Document (pratiuttarpatra)
·
First Information Report (Jhaheridarkhasta)
·
Charge Sheet (abhiyogpatra)
·
ThunchhekAadesh
·
Thunuwapurji
·
Power of Attorney (warisnama)
·
General Power of Attorney (adhikritwarisnama)
·
Letter of Consent ( manjurinama)
·
Milapatrakonivedan
·
17 no nivedan
·
KaiphiyatPrativedan
·
Wakalatnama
·
Bahasnote
·
Judgment and Appeal
(PhaisalaraPunaravedanpatra)
·
JhagadiyaJhikaunu Aadesh
·
PhaisalaKaryanwayankonivedan
·
Writ petitions and likhitjawaph
|
17
|
3.
|
Drafting
of Private Transaction Documents
|
·
Sale deed (rajinamalikhaat)
·
Mortgage deed (bhogbandhakilikhaat)
·
Sight of assets mortage(dristibandhakilikhaat)
·
Deed of bail (jamanatlikhaat)
·
Deed of will (bakaspatralikhaat)
·
Loan deed (kapalitamasuk )
·
Partition deed ( aungsabanda)
|
7
|
4.
|
Drafting
of Commercial Transaction Documents
|
·
Contract paper (karannama)
·
Advance Payment deed (bainabatta)
·
Exchange deed (sattapattalikhaat)
|
7
|
5.
|
Drafting
of Document in general use.
|
·
No-objection or recommendation letters (shipharispattra)
ü
shipharispattra for citizenship certificate
from municipality or Grampalika
ü
shipharispattra for sale of property from
municipality or Gaunpalika
ü
shipharispattra for connection of electricity,
telephone, and water supply
ü
shipharispattra for certification of resident
for passport, survey of the land , and similar other services
ü
shipharispattra for conjugal, birth
certificate, matrimonial and offspring relation.
|
11
|
6.
|
Drafting
other documents
|
·
Muchulka, Tarekhpercha, TarekhBharpai,
Bharpai, summons, itlayanama,
warrants, tok/tippaniaadesh, darpith, etc.
|
4
|
Total
|
50
|
Detailed Course Structure and Components
for the practical part:
Unit
|
Topics
|
Sub-topics
|
Credit (%)
|
2
|
Drafting
of Court Documents
|
·
Drafting of deed of complaint ( phiradpatra)
and Response Document (pratiuttarpatra)
·
First Information Report (Jhaheridarkhasta)
·
Charge Sheet (abhiyogpatra)
·
ThunchhekAadesh
·
Thunuwapurji
·
Power of Attorney (warisnama)
·
General Power of Attorney (adhikritwarisnama)
·
Letter of Consent ( manjurinama)
·
Milapatrakonivedan
·
17 no nivedan
·
KaiphiyatPrativedan
·
Wakalatnama
·
Bahasnote
·
Judgment and Appeal
(PhaisalaraPunaravedanpatra)
·
JhagadiyaJhikauneAadesh
·
PhaisalaKaryanwayankonivedan
·
Writ petitions and likhitjawaph
|
20
|
3
|
Drafting
of Private Transaction Documents
|
·
Sale deed (rajinamalikhaat)
·
Mortage deed (bhogbandhakilikhaat)
·
Sight of assets mortgage(dristibandhakilikhaat)
·
Deed of bail (jamanatlikhaat)
·
Deed of will (bakaspatralikhaat)
·
Loan deed (kapalitamasuk )
·
Partition deed ( aungsabanda)
|
10
|
4
|
Drafting
of Commercial Transaction Documents
|
·
Contract paper (karannama)
·
Advance Payment deed (bainabatta)
·
Exchange deed (sattapattalikhaat)
|
5
|
5
|
Drafting
of Document in general use.
|
·
No-objection or recommendation letters
(shiparispattra)
ü
shipharispattra for citizenship certificate
from municipality or Grampalika
ü
shipharispattra for sale of property from municipality
or Gaunpalika
ü
shipharispattra for connection of electricity,
telephone, and water supply
ü
shipharispattra for certification of resident
for passport, survey of the land , and similar other services
ü
shipharispattra for conjugal, matrimonial and offspring
relation.
|
10
|
6
|
Drafting
other documents
|
·
Muchulka, Tarekhpercha, TarekhBharpai,
Bharpai, summons, itlayanama,
warrants, tok/tippaniaadesh, darpith, etc.
|
5
|
total
|
50
|
Instruction
Methods:
This
course must be taught by a practicing lawyer, preferably by the one with Master
Degree in Laws. The assigned teacher must explain the importance of the
documents and their legal features, the concerned laws about the document, and
make students practically work on the documents. The following process would be
a better guide to follow:
- Make students to prepare a
preliminary draft of the document. The assigned teacher must individually
observe the document and suggest for the improvement. To ensure that the
student is innovative in writing, the first draft must be signed as final
document by the teacher.
- In the second stage, the student
must be required to develop the same document in the Nepali paper, and the
teacher must ensure that he/she has done in accordance with what is
finalized before.
3.
Marking scheme
SN
|
Questions
type
|
Total Number of questions to be asked
|
Required number of answer to be
attempted
|
Mark per question
|
total marks
|
time (minute)
|
1
|
Very Short answer questions
|
12
|
10
|
2
|
20
|
36
|
2
|
short answer question
|
6
|
4
|
5
|
20
|
36
|
3
|
Long answer question
|
1
|
1
|
10
|
10
|
18
|
Total
|
23
|
19
|
50
|
90
|
At
least one Question will be asked from each unit.
Marking
scheme for Practical part
SN
|
Unit
|
Total Number of activities to be done
|
Minimum number of activities to be done
|
Mark per activities
|
total marks
|
time (minute)
|
1
|
Drafting of Court Documents
|
8
|
4
|
5
|
20
|
30
|
2
|
Drafting
of Private Transaction Documents
|
4
|
2
|
5
|
10
|
20
|
3
|
Drafting
of Commercial Transaction Documents
|
2
|
1
|
5
|
5
|
10
|
4
|
Drafting
of Document in general use.
|
4
|
2
|
5
|
10
|
20
|
5
|
Drafting
other documents
|
2
|
1
|
5
|
5
|
10
|
Total
|
20
|
10
|
50
|
90
|
Reference
Materials
1. d'n'sL P\]g, sfuhhfFrsf] dxn
2. k|rlnt ;jf]{Rrcbfnt,
k'g/fj]bgcbfnttyflhNnfcbfntlgodfjnLx?
3. ;/sf/L
d'b\bf ;DaGwL P]g, @)$(
4. ;/sf/L
jlsnlbUbz{g @)^#,dxfGoflwjStfsf]
sfo{no , sf7df08f}F
5. sfg'gth'{dflbUbz{g, g]kfnsfg'gcfof]u, @)^^, sf7df08f}F
6. sfg'gth'{df
;DaGwL cjwf/0ffTds kIfx? , g]kfnsfg'gcfof]u, @)^$, sf7df08f}F
5.
Procedural Law
Full Marks: 100
Pass Marks: 35
Teaching Hours: 180
Introduction
Procedural
law is a tool to employ substantive laws into work or practice. Like legal
drafting, procedural law is a fundamental tool of professionalism for law
practitioners. Without procedural law's knowledge, the study of law becomes
futile. This course is therefore designed to get students acquainted with core
procedures applied in the context of Nepal. This course must be taught in
connection with the legal drafting.
Competencies:
The
Competencies of the course are as follows:
1.
To
be familiar with acquainted of fundamental principles and methods of
procedures.
2.
To
explain various types of procedures applied by legal and judicial institutions
for various purposes.
Learning
Outcomes
This
course is expected to address the following Learning Outcomes:
1.
To
describe types of procedure, such as civil and criminal procedures.
2.
To
explain summary procedures applied by the Courts.
3.
To
provide basic knowledge on general principles of the law on procedures.
4.
To
describe and be familiar with laws concerning judicial procedures and the
procedures concerning collection of evidence.
5.
To
explain process of case registration and internal procedures of court and other
judicial or quasi-judicial bodies.
Detailed
Course Structure and Components
Unit
|
Topics
|
Sub-topics
|
Credit (%)
|
1.
|
Concept
and Nature of Procedural Law
|
·
Concept
of procedures and procedural law.
·
General introduction about administrative,
quasi-judicial and judicial procedures.
·
General introduction to civil and criminal
procedures
|
9
|
2.
|
Introduction
to Various types of procedures
|
·
Nature of General Procedure
·
Nature of summary Procedure
·
Nature of special court procedures.
·
Similarities and Differences of above
mentioned procedures
·
Appellate and Trial Court Procedure
|
11
|
3.
|
Principles
of Procedural Law
|
·
Principle of natural Justice
·
principle of locus standi ( haqdaiya)
·
principles of jurisdiction (chetradhikar)
·
Principles of limitation (haadmyad)
·
principle of res- judicata ( pran-nyaya)
·
Principles of straredecisis, ratio decidendi
and obiter dicta ( faisalastithirata, nirnayadharraaprasangikkathan)
|
9
|
4.
|
Laws
Concerning Court Proceedings and concept of Evidence law.
|
·
Test of the validity of documents (kagajjanch)
·
Court Fees and charges
·
Procedures concerning registration of complaints,
responses, and petitions.
·
summons or notice to the parties (myaadrasuchanajari
)
·
Issuance of warrant
·
Procedures concerning appearance in the court
by person or power of attorney (waris)
·
Procedures concerning examination of evidence
and witnesses.
·
Procedures concerning documentation of
parties' statement.
·
Procedures concerning adjournment
·
Revocation and withdrawal of cases.
·
Procedures concerning mediation
(Melmilap) and milapatra
·
Procedures concerning hearing of cases and
judgments.
·
Procedures concerning judgment and its
execution
·
Procedure concerning correction of the order
and judgment
|
30
|
5.
|
Law
of Evidence
|
·
Meaning and Definition of Evidence law.
·
Kinds of Evidence.
·
Collection and examination of evidence
·
Testimony
of witness (SanksiParikshan)
|
7
|
6.
|
Introduction
toCivil and Criminal procedures
|
·
Procedure of registration of civil case
·
Issuance of Italayanama and other relevant
notices
·
Procedure of myadtameli
·
Procedure regarding stay and release (rokkaraphukuwa)
·
procedures concerning filling of FIR
·
Procedures concerning arrest and detention of
suspect.
·
Procedures concerning remand.
·
Procedures concerning investigation of crimes
·
Procedure concerning filing of charge-sheet
·
Procedures concerning bail and remand.
·
Imprisonment procedures and protection of the
rights of accused and convicted persons.
·
Procedures concerning prosecution and
adjudication by quasi judicial bodies, such as the Forest Office, National
Park Protection office, Conservation Immigration Department, District
Administration Office, Custom Office and so on.
|
19
|
7.
|
Court
Management
|
·
Introduction to Court Management
·
Case Flow
Management
·
Use of ICT in Case Management
·
Court- Client Relationship and rights of court
users
·
Bench Decorum
·
Time Management and case calendar system
|
15
|
Total
|
100
|
Instruction
Methods:
This
course is to be taught by a competent teacher with Master Degree in Laws (LL.M)
along with adequate experience of law practice.The assigned teacher must follow
the following methods of instructions:
1.
Provide
students with handouts in the form of fairly adequate explanation of the each
course content.
2.
The
assigned teacher must provide an explanatory lecture on each of the course
content and encourage students to discuss and ask questions. The
Socraticdialogue method is considered most appropriate for this course.
3.
The
assigned teacher must specifically identify the concerned law for detailed
knowledge on particular course component.
4.
The
assigned teacher must use the 'MulukiAinAdalatiBandobastakoMahal,
DandaSajayakoMahal, SarkariMuddaSambandhiAin, SankshiptaKaryabidhiAin,
NayaprasasanAin and regulations of concerned institutions as reading reference
materials.
5.
The
assigned teacher must require students to 'engage on project works' on relevant
chapter.
6.
The
group works, discussion and problem solving methods would be particularly
important for this course.
Marking
scheme
SN
|
Questions
type
|
Total Number of questions to be asked
|
Required number of answer to be
attempted
|
Mark per question
|
total marks
|
time (minute)
|
1
|
Very Short answer questions
|
17
|
15
|
2
|
30
|
54
|
2
|
short answer question
|
10
|
8
|
5
|
40
|
72
|
3
|
Long answer question
|
4
|
3
|
10
|
30
|
54
|
Total
|
31
|
26
|
100
|
180
|
At least one
Question will be asked from each unit.
Reference
Materials
- d'n'sL P\]g,
cbfntLaGbf]a:ttyf b08 ;hfosf] dxn
- k|rlnt
;jf]{Rrcbfnt, k'g/fj]bgcbfnttyflhNnfcbfntlgodfjnLx?
- k|rlnt;/sf/L d'b\bf ;DaGwL P]g
- k|rlnt
;+lIfKtsfo{ljlw P]g
- k|rlntljz]if
sfo{ljlw P]g
- k|rlntGofok|zf;g
P]g
- ;/sf/L
jlsnlbu{bz{g @)^#,dxfGoflwjStfsf] sfof{no , sf7df08f}F
- kmf}hbf/L
GofolbUbz{g, ;]n8{
- 1fOGbaxfb'/
>]i7, sfo{ljlwsfg'gsf] ?k/]vf, k}/jLk|sfzg, @)^@,
sf7df08f}F
!)
u'0flglw Gof}kfg], sfo{ljlwsfg'g, n'lDjgL k|sfzg, @)^%, sf7df08f}F
!!=
kjgs'df/ cf]emf, g]kfnsf] sfo{ljlwsfg'g l;b\wfGt / Jojxf/ , k}/jLk|sfzg,
@)^$, sf7df08f}F
!@=
/lhteStk|wfgfË,k|df0f sfg"gsf] ;fdfGo kl/ro,e's'6L Ps]8]dL,
sf7df08f}F
!#=
1fOGb|axfb'/ >]i7, sfg'gL lnvtsf d:of}bf, k}/jL k|sfzg, @)^^, sf7df08f}+
6.
Civil law and Justice and Criminal law and Justice
Full
Marks: 100
Pass
Marks: 35
Teaching Hours:180
Introduction
In the realm of justice, the civil matters concern
everyday life of general people. In large number of affairs, the individual
citizens are involved in transaction without any involvement of the formal
institutions or government institutions. Often, the transactions generate
disputes, and the state's judicial and quasi-judicial bodies, including process
of arbitration and mediation of disputes by parties themselves, must handle
such issues to set forth justice.
Criminal Justice system of any society is concerned
with maintenance of law and order in the society. It is directly associated
with the penal consequences and thus deprives persons engaged in criminal
activities of their liberty. Every society defines crimes according to its
context and prescribes punishments. This course introduced therefore to
acquaint students of core principles and methods of civil and criminal justice
system of Nepal.
Competencies
The Competencies of the course are as follows:
1. To be familiar with general principles of civil justice system, with
particular emphasis in the context of Nepal.
2. To be familiar with general modality of the criminal justice system of
Nepal.
3. To explain core process of the civil litigation system, and judicial
proceedings as prescribed by the laws of Nepal.
4. To be aware with crimes and punishment system adopted by Nepal.
Learning Outcomes:
This
course is expected to address the following Learning Outcomes:
1.
To
introduce to the nature and scope of laws on civil affairs of people in Nepal.
2.
To
explain various types of transactions between individuals, and state and
individuals and so on.
3.
To
be familiar with family law system of Nepal, including marriage and divorce
process
4.
To explain crimes and administration of criminal
justice system of Nepal.
5.
To describe rights of suspects and accused
guaranteed by the constitution and laws of Nepal.
6.
To be familiar with major crimes in Nepal.
Detailed
Course Structure and Components
Unit
|
Topics
|
Sub-topics
|
Credit (%)
|
1.
|
Introduction
to Civil Law.
|
·
Concept, Nature and scope of civil Law.
|
4
|
2.
|
Introduction
to Property Law
|
·
Law of Private transaction (Lendenbhyabhar)
·
Law of gift and deed of will (danbakas)
·
law of Partition (aungsabanda)
·
Law of succession and inheritance (aputali)
·
Law of womens' property (stridhan)
|
14
|
3.
|
Introduction
to law of Marriageand Divorce.
|
·
Definition of Marriage and types.
·
Legal Criteria
of marriage with special focus on Child Marriage
·
Void and voidable marriage
·
Definition of divorce and its criteria
·
Alimony
|
11
|
4.
|
Law
Concerning Adoption
|
·
Definition of adoption
·
Requirements for valid adoption
·
Rights of adopted children.
·
Revocation of adoption
·
Procedures of adoption
|
14
|
5
|
Law
of Contract
|
·
Meaning and elements of contract.
·
Kinds of contract
·
Remedy in breach of contract.
|
7
|
6
|
Introduction
to Criminal Law
|
·
Definition and classification ofCrime
·
Concept
and nature of Criminal law
·
Elements of crime- actusreus (commission,
omission and the state of affairs ) and mens rea (intention), preparation,
attempt and completion of crime
|
4
|
7
|
Punishment
System
|
·
Types of sentence: Corporeal and non-corporeal
punishment, pecuniary punishment.
·
Theories of punishment: Retributive,
Deterrence, Reformative, Preventive theories.
|
5
|
8
|
Basic
Principles of Criminal Justice
|
·
Ignorance of law is no excuse.
·
Nullemcrimen sine lege.
·
Principles of double jeopardy
·
Crime dies with criminal
·
principles of ex post-facto law
·
Actus non facitreum nisi mens sit rea
|
9
|
9
|
Brief
History of Nepalese criminal justice system
|
·
Ancient period –Kirat, Lichhabi, Malla,Shah
dynasties.
·
Rana period
·
Adoption of adversarial system of criminal
justice
·
Modern era of Nepalese criminal justice system
and reforms.
·
Some Important Provisions Enshrined into the
Proposed Criminal Code, such as principle of natural justice, definition of crimes,
types of crimes and criminal liability.
|
12
|
10
|
Some
Major crimes
|
·
Offence against documents – Forgery of
documents, Fraud and abuse or forgery of government documents.
·
Offence against property-Theft, cheating,
looting, robbery.
·
Offence against person-Homicide, physical
assault and maiming, Trafficking of Drugs and persons, Kidnapping, poaching
wildlife and money laundering, sexual offences
|
9
|
11
|
Procedural
Rights of suspects in criminal justice
|
·
Right to have notice and information about
arrest and crime.
·
Right against torture.
·
Right to have counsel and legal representation
from lawyers of choice.
·
Right against detention except judicial
remand.
·
Right to remain silence.
·
Right against double jeopardy.
·
Right to have compensation for torture.
|
11
|
Instruction
Methods:
1.
The
assigned teachers must provide students with handouts in the
form of fairly adequate explanation of the each course content.
2.
The
assigned teacher must provide an explanatory lecture on each of the course
content and encourage students to discuss and ask questions. The Socratic
dialogue method is considered most appropriate for this course.
3.
The
assigned teacher must specifically identify the concerned law for detailed
knowledge on particular course component.
4.
The
assigned teacher must require students to 'engage on project works' on relevant
chapter.
5.
The
group works, discussion and problem solving methods would be particularly
important for this course.
6. Marking scheme
SN
|
Questions
type
|
Total Number of questions to be asked
|
Required number of answer to be
attempted
|
Mark per question
|
total marks
|
time (minute)
|
1
|
Very Short answer questions
|
17
|
15
|
2
|
30
|
54
|
2
|
short answer question
|
10
|
8
|
5
|
40
|
72
|
3
|
Long answer question
|
4
|
3
|
10
|
30
|
54
|
Total
|
31
|
26
|
100
|
180
|
7. At least one Question will be asked from
each unit.
Reference
Books and Materials
1.
g\]kfnsf]
;+ljwfg
2.
d'n'sL P]g, @)@),dxnx?
M u'7L, hUucfjfbug]{,hUufkhgL, hUuf ldRg], 3/ agfpg], nf]Ug] :jf:gL, cz+a08f,
:qLcz+wgsf], wd{k'q, ck'tfnLsf], n]gb]g Jojxf/, gf;f] w/f}6, bfgas;, /lhi6«zg, ljjfxjf/L,ck/fw;+u ;DalGwtdxnx?
3.
k|rlnt k|df0f P]g
4.
k|rlnt
s/f/ P]g
5.
k|rlntljjfxbtf{
P]g
6.
/lhteStk|wfgfË / lszf]/ l;njfn, ljlwzf:qsf]
;fdfGo ?k/]vf, /Tgk':ts
e08f/, sf7df08f}F
7.
o'j/fh ;+uf}|nf, sfg'gzf:qtyfsfg'gsf l;b\wfGt, sf7df08f}F :s"nckm n, @)^^, eStk'/
8.
e/t/fhpk|]tL, s/f/ sfg'g,
lk|m8Ln, @)^^, sf7df8f}+
9.
zzLs'df/L clwsf/L, kfl/jfl/s
sfg'g,Nofs, nlntk'/
10.
Uff]laGbzdf{ kf}8\ofn / laa]ss'df/
kf}8]n, kfl/jfl/s sfg'gsf] kl/ro, Pd\Pd\ klAns]zg, @)^(,
sf7df8f}+
11.
ljgf]bk|;fbzdf{, kfl/jfl/s
sfg'g, ;femfk|sfzg
12.
/d]z/fhk|wfg, kfl/jfl/s sfg'g,
n'lDagLk|sfzg, @)&@, sf7df8f}+ 1fOGbaxfb'/ >]i7, d'n'sL P\]gM Ps l6Kk0fL, k}/jLk|sfzg, sf7df08f}F
13.
Bibek
Kumar Paudel,Law of Contract I: General Principles and Provisions,
MM Publication, 2012, Kathmandu
14.
Jaya
Prasad Mangal and et al., Law of Contract, Welcome Publication
Pvt.Ltd, 2016, Kathmandu.
15.
dfwjk|;fbcfrfo{ / /lhteStk|wfgfË,
kmf}hbf/L sfg'gsf] kl/ro, /Tg k':ts e08f/, sf7df8f}+
16.
dfwjk|;fbcfrfo{ / alb|k|;fb e08f/L,
kmf}hbf/L sfg'gsf]
;ldIffTdsljj]rgf, /f]zgckm;]6
lk|G6;,@)^#, sf7df08f}F
17.
/lhteStk|wfggfË, d]3/fhkf]v/]n / o"u/fh kf08]o, kmf}hbf/L sfg"gsf] kl/ro,e[s'6L
Ps]8]dL, @)^@, sf7df08f}F
18.
ljlkgclwsf/L / ls/0f kf}8n , ck/fw
cg';Gwfg / cleof]hgfdf ;/sf/L jlsn, g]kfn slG:66\o';g kmfp08];g, @)&), sf7df08f}F
19.
o'j/fh ;+uf|}nf;d]t -;Dkfbs _, kmf}hbf/L
Gofo k|0ffnL / g]kfnLsfg'gzf:q, dxfGofolwjQmfsf] sfof{no, @)^(,
sf7df08f}F
20.
Ganesh Bhattarai and Madhav P. Acharya, Criminal
Jurisprudence, Nebula
Printer, 2009, Kathmandu
7. Human RightsGrade XII
Full Marks: 100
Internal Exam Pass Marks: 35
Teaching Hours: 180
Introduction
After restoration of the multi-party system in 1990,
Nepal ratified major human rights instruments, and pledged itself to respect,
protect and promote human rights as one of the cardinal principle of democratic
governance in Nepal. In the context of socio-political transition, Nepal has
faced situation of human rights violations and has made efforts to remedy such
violation constituting appropriate institutions and mechanisms by laws. Human
rights form cardinal perspective for the good governance in a modern democratic
society, and Nepal's commitment in this regard is absolute.
This course is introduced to familiarize students
with 'fundamental instruments of human rights and their provisions' and their
enforcement process at national and international level both. More over this
course aims at enabling student to have the competency to understand the
situation of their application in Nepal.
Competencies
The Competencies of the
course are as follows:
- To be
familiar with core instruments of human rights.
- To
describe institutions and mechanisms adopted by Nepal to respect, protect
and promote Human Rights in Nepal.
- To be familiar with the human rights treaties and
remedies available upon violation of human rights.
4.
Learning Outcomes:
After
studying this course the students shall be competent as follows;
1. They
will express the meaning, classification and nature of human rights,
2. Students will be acquainted of core human rights
instruments
3. Students will be familiar with the
institutions and mechanisms adopted by Nepal for respect, protection and
promotion of Human Rights
4. Students will describe basic concepts of
human rights, along with fundamental principles of human rights,
5. Students will be acquainted with the different
categories of human beings such as children, aged, women, minorities, and
indigenous people.
6. Students will be acquainted with enforcement
procedure of human rights at international and national level.
7. Students will be familiar with the human
rights treaties of which Nepal is party and be acquainted with remedies
available upon violation of human rights.
This course is expected to address the following
Learning Outcomes:
- To explain
the basic concepts of human rights, along with fundamental principles of
human rights and human rights guaranteed for different categories of human
beings such as children, aged, women, minorities, and indigenous people.
- To describe
the process of reporting to the UN bodies on human rights issues, and
Nepal's commitment to foster human rights situation.
Detailed Course Structure and Components:
Unit
|
Topics
|
Sub topics
|
Credit (%)
|
1
|
Concept, meaning and nature of Human
Rights
|
·
Introduction to Human rights
·
Classification of human rights – civil
and political rights, economic, social
and cultural rights, group rights and environmental rights
·
Principle of Human Rights
·
Generations of Human Rights
·
Rights of children, women and aged persons
·
Rights of marginalized tribal and indigenous
groups.
|
14
|
2
|
Classification of human rights
|
·
Civil and political rights
·
Economic social and cultural rights
·
Solidarity rights or group rights
·
Development rights
·
Generations of rights
|
9
|
3
|
Introduction
to the Major international Human Rights Instruments International Bill of
Rights
|
·
Introduction to the Concept of Bill of Rights
·
Universal Declaration of Human Rights, 1948
·
International Covenant of civil and political
Rights 1966
·
International covenant of Economic, Social and
cultural Rights, 1997
|
14
|
4
|
Other major Human Rights Treaties
|
·
International Covenant Against Torture and
Inhuman and Degrading Treatment and punishment 1992
·
Convention on Elimination of all forms of
Discrimination against Women,
·
Convention on Right of the Child
·
Disability Convention
·
Convention against Racial Discrimination
|
10
|
5
|
Implementation of Human Rights
|
·
Human Right enforcement under UN Charter
·
Human Rights enforcement under treaty bodies
·
State obligation for the enforcement of human
rights, Legislative, and administrative measures to enforce human rights
|
9
|
6
|
National mechanism or the enforcement
of human rights
|
·
National legal mechanism;
·
Constitution of Nepal, Nepal Treaty Act,
National Human Rights Commission Act
·
Civil Liberty Act, Torture Compensation Act
·
National Institutional Mechanism;
·
National Human Rights Commission
·
National Women’s Commission,
·
National Dalit Commission
·
National Inclusion Commission
·
Madhesi, Tharu and Muslim Commission
|
17
|
7
|
Remedy for violation of Human Rights
|
·
Remedy from National mechanisms – such as
National Human Rights Commission and Courts
·
Remedy from International Mechanisms such as
Human Rights committee and other bodies such as International Criminal Court.
|
11
|
8
|
Nepal’s commitment towards protection
and promotion of human rights
|
·
Remedies available under constitution and laws
·
Remedies available under administrative
mechanism
·
Remedies available under judicial process
·
Others
|
9
|
9
|
Introduction to Humanitarian Law
|
·
Concept and meaning
·
Development of humanitarian law
·
Sources of humanitarian law
|
7
|
Total
|
100
|
Instruction
Methods
This course has to be taught by a
teacher with Master Degree in Laws (LL.M) with specialization preferably in
Human Rights. The assigned teacher is required to adopt the following teaching
method:
1. Lecture:
Students should be described about various types of human rights. He/she must
use the instruments' provisions and explain the meaning and scope of them in
general practice.
2. Problem
solving: The class teacher must collect the issues of human rights in the local
context and require students to find solution for such violation in accordance
with the provisions of the concerned instruments.
3. Project
Work: The teacher must use project work method extensively. The students must
be encouraged to observe the situation of human rights in Nepal based on the
human rights instruments.
4. The
class teacher must use human rights instruments as core reference materials.
Marking
scheme
SN
|
Questions
type
|
Total Number of questions to be asked
|
Required number of answer to be
attempted
|
Mark per question
|
total marks
|
time (minute)
|
1
|
Very Short answer questions
|
17
|
15
|
2
|
30
|
54
|
2
|
short answer question
|
10
|
8
|
5
|
40
|
72
|
3
|
Long answer question
|
4
|
3
|
10
|
30
|
54
|
Total
|
31
|
26
|
100
|
180
|
At least one
Question will be asked from each unit.
Reference
Materials
1.
YubarajSangroula, Concept and Evolution of Human
Rights: Nepalese Perspectives,Kathmandu School of Law, Nepal.
2.
YubarajSangroula, Nepalese Legal System:Human
Rights Perspective, Kathmandu School of Law, Nepal.
3.
Jack Donelley, Universal Human Rights in
Theory and Practice, Cornell University Press, London
(Latest Edition).
4.
South Asian Human Right Documentation, Introducing
Human Right , Oxford University Press, 2010, New Delhi
5.
uf]kfnzdf{, cGt/f{li6«o dfgjclwsf/-t];|f]=;+:s/0f_, ljBfyL{
k':ts e08f/ , @)%$, sf7df08f}F
6.
lty{dfgzfSo ;d]t -
;Dkfbs_, dfgjclwsf/sf] ljZjJoflkwf]if0ff kq, !($*, dfgj clwsf/
jif{ ;g\ !((*, /fli6«o ;ldltsf] ;lrjfnosfg'gtyfGofodGqfno, l;+xb/jf/ sf7df08f}F
7.
KishorSilwal and GeetaPathak (Eds.), Laws
of Nepal: Incompatible With Fair Trial Standards, CelRRd, 2005,
Kathmandu
8.
Geeta Pathak and YubarrajSangroula, Gender
and Laws: Nepalese Perspective,Pairavi Publication, 2002,
Kathmandu.
9.
Human Rights in Judicial Administration:
Resource Materials I&II, 2015, Judicial Academy,
Kathmandu.
10. A.H.
Robertson & J.G. Merrills, Human Rights in the World, 2005,
New Delhi.
11.
/d]z/fhk|wfg, afnclwsf/ / Gofo,
n'lDagLk|sfzg, @)^(, sf7df8f}+
No comments:
Post a Comment
Comment here,,,,,,