The Truth and Reconciliation Commission has written to the government to amend the Transitional Justice Act in line with the Supreme Court order. The court has struck down almost a dozen provisions of the existing act, saying they were inconsistent with transitional justice norms and practices. Besides, the court had sought clarity in provisions related to ‘serious crime’, ‘serious human rights violation’ and ‘other crimes of serious nature’. The TRC has listed out eight amendments to the act as per the court verdicts issued at different times. “Although the court rulings become law, we have pointed out the provisions, which are not struck down by the court that need to be amended in line with the court decision,” said Madhabi Bhatta, spokesperson for the commission.

The commission has asked the government to categorise which of the nine incidents of serious human rights violations mentioned in the act are ‘serious crime’ and ‘crime of serious nature’. Of them, looting, seizure, breaking or arson of private and public property and forceful eviction from house and land or displacement by any other means also fall under this category. The commission has also asked the government to criminalise torture. Although the Transitional Justice Act has defined torture as a serious human rights violation, the government has delayed in introducing a necessary act despite the fact that Nepal is a signatory of Convention Against Torture. Although 10 months have elapsed since the formation of the transitional justice bodies, the government has not amended the laws, let alone passing a new law.

The government has not even endorsed the regulations drafted by the commissions, which were prepared by the commission four months ago. In line with the SC verdict, the commission has asked the government to add a sub-clause to Clause 29, removing the statute of limitation to register the case against the perpetrator found guilty by the commission. In a verdict in January last year, the SC had said that the statute of limitation for registering cases in serious rights violation would promote impunity. Besides, lawyers have been raising the statute of limitation issue on reporting of rape cases that occurred during the insurgency.

Although the statute of limitation on rape cases has been extended from existing 35 to 180 days, the commission believes it should not apply in cases that fall under their purview. The commissions are mandated to investigate into cases that occurred between 1996 to 2006. The government formed the commissions almost 10 years after the signing of the Comprehensive Peace Accord. The commission has also sought clarity on provision of Special Court to prosecute the perpetrators. “I believe that the Attorney General should not be given the authority to decide whether a case should be prosecuted or not,” said Bhatta.