सानी र न्याय, एउटा केस अध्ययन बाट
Security and Justice in Nepal
This blog is about the security and justice in Nepalese societies
Wednesday, February 04, 2026
सानी र न्याय, एउटा केस अध्ययन बाट
Tuesday, February 03, 2026
Security challenges in Nepal
Security in Nepal faces a complex blend of internal, external, and non-traditional threats, driven by its delicate geopolitical position between India and China, porous borders, and weak governance. Key issues include political instability, transnational crime, economic fragility, cybersecurity vulnerabilities, and disaster risks. Addressing these requires comprehensive security sector reforms and enhanced border management.
- Geopolitical and Border Vulnerabilities: Located between India and China, Nepal faces challenges in maintaining a balanced foreign policy and navigating security pressures from neighboring powers. The open border with India facilitates transnational crimes like human trafficking, smuggling, and movement of criminal elements.
- Internal Political and Socio-economic Instability: Frequent changes in government, bureaucratic inefficiency, and weak law enforcement accountability hamper security. Pervasive poverty, inequality, and ethnic/religious tensions can lead to localized, violent conflicts.
- Non-Traditional Threats: The rise of cybercrimes, including, but not limited to, cyber espionage and ransomware attacks on critical infrastructure, poses a significant threat.
- Environmental and Health Disasters: As a disaster-prone nation, Nepal faces major security threats from earthquakes, floods, and landslides, which are exacerbated by climate change. Weak health infrastructure also leaves the country vulnerable to pandemics.
- Weak Security Governance: The security sector lacks adequate modernization, and there is a need for better democratic control and accountability over security institutions.
- Organized Crime and Insurgency: Despite the end of the Maoist insurgency, threats from organized crime, political extremism, and armed groups in the Terai region continue to challenge internal stability.
The Criminal Justice System: A Comprehensive Analysis of Contemporary Issues Gibran Raza*
The Criminal Justice System: A Comprehensive Analysis of Contemporary Issues Gibran Raza*
Abstract: The chapter titled “The Criminal Justice System: A Comprehensive Analysis of Contemporary Issues” will offer a thorough investigation into the present challenges faced by the justice system. This book chapter will underscore the importance of a strong system within the context of the evolving social landscape of the modern digital world, wherein the relevance of mitigating cybercrime and establishing legal systems is critical. It will also analyse the pivotal function of the criminal justice system in maintaining the supremacy of the law and safeguarding fundamental human rights amidst worldwide obstacles such as corruption, destitution, and lack of knowledge. This book chapter will delve into the pervasive and complex subject matter of cybercrime, where the focus has been to delineate the diverse classifications of cybercrime, encompassing their aetiologies, ramifications, and the obstacles encountered by law enforcement in thwarting such illicit activities. Furthermore, comprehensive examinations of existing legal structures and cybercrime procedures are presented.
Keywords: Cyber Crime, Criminal Justice, Contemporary, Issues. *
Undergraduate Student, Department of Law, Integral University, Lucknow ISBN: 978-93-5842-059-3 2 1.
Introduction The criminal justice system is a pivotal component in preserving social order and safeguarding fundamental human rights.
The contemporary incidence of cybercrime within contemporary digital contexts necessitates adaptations to legal frameworks and law enforcement tactics (Bello & Griffiths, 2020). This chapter examines the legal implications related to protecting against cyber-attacks. The stated goal is achieved through a thorough evaluation of current legal frameworks, challenges faced by law enforcement entities, and the imperative for ongoing progress in addressing cybercrime. The rapid progression of technology has resulted in the digital sphere occupying a significant role in contemporary society, offering both benefits and potential hazards (Suhartono, 2019). The unauthorised usage of digital technology, commonly known as cybercrime, poses significant risks to individuals, businesses, and the global population. The establishment of a comprehensive criminal justice framework is crucial for tackling the problem of cybercrime. This chapter provides a more in-depth examination of the obstacles faced by law enforcement officials in the performance of their duties. The aim of this chapter is to provide a comprehensive comprehension of the complexities and ramifications of cybercrime through an in-depth examination of pertinent legal precedents.
The constantly changing and developing nature of cyber threats underscores the critical significance of robust legal frameworks and flexible law enforcement strategies (Bello & Griffiths, 2020). The upcoming chapter will propose potential modifications to legal structures and law enforcement procedures in order to enhance the efficacy of countering cybercrime and protecting individuals and enterprises in the digital domain. 2. Importance of a Strong Criminal Justice System in Addressing Cybercrime The efficacy of a criminal justice system is contingent upon its adherence to legal and social norms, prioritisation of safeguarding fundamental human rights, and resolution of global ISBN: 978-93-5842-059-3 3 concerns (Borwell et al., 2021). The importance of a proficient criminal justice system cannot be overstated in light of the considerable challenges presented by the cybercrime in contemporary technologically advanced societies. This section expounds upon the importance of a sturdy criminal justice system in the deterrence of the cybercrime. This assertion is supported by pertinent legal precedents.
A strong criminal justice system is imperative in addressing the intricacies of global cybercrime, which is often linked to societal issues such as corruption, poverty, and low levels of literacy (Richards & Eboibi, 2022). The legal system's pertinence to cybercrime cases is exemplified by the 2014 court case of R. v. Spencer. The present scenario involves the abuse of power by a government official to obtain and reveal sensitive data pertaining to management. The court's verdict exemplifies the legal framework's dedication towards ensuring, that individuals who exploit their power are answerable for their conduct and eliminating malfeasance in the realm of digital technology. The effective combatting of cybercrime necessitates the establishment of a sturdy criminal justice system. Ensuring a secure digital environment and preventing cybercrime necessitates the upholding of legal frameworks, safeguarding of fundamental human rights, and prioritisation of international concerns (Borwell et al., 2021).
The cases of United States v. Fishman, of the year 2012 and R. v. Spencer in 2014, serve as examples of the legal system's ability to successfully prosecute cybercriminals while simultaneously safeguarding individual liberties and confronting worldwide concerns such as corruption (Richards & Eboibi, 2022). In order to enhance the efficacy of cybersecurity protocols and establish a more robust and dependable digital milieu, it is imperative to fortify the criminal justice infrastructure, modernise legal precedents, and broaden the purview of law enforcement. 3. Understanding Cybercrime from a Legal Perspective Comprehending cybercrime is imperative in order to alleviate the escalating hazards presented by illicit digital pursuits.
The present research underscores the importance of cybercrime through the reference to pertinent legal precedents (Rahman & Islam, 2021). The declaration underscores the importance of adopting and implementing suitable legal frameworks to address this enduring issue. The umbrella term "cybercrime" encompasses a wide range of illicit actions carried out through the utilisation of digital technology. A legal case United States v. Mitra, of ISBN: 978-93-5842-059-3 4 2019, offers a comprehensive elucidation and extent of cybercrime. Subsequently, the accused was convicted of masterminding an intricately planned cyber assault on a financial establishment, leading to substantial monetary losses and the revelation of classified data (Button et al., 2022). The court's verdict provided a lucid definition of cybercrime as the utilisation of technology within the digital realm to perpetrate conventional criminal acts like theft and deceit. The argument underscores the necessity of a thorough comprehension of cybercrime that surpasses conventional unlawful practices. The impact of cybercrime is not limited to individuals but rather extends to broader societal and organisational domains. The commission of cybercrime has the potential to result in financial detriment, psychological anguish, and physical harm. The legal proceedings pertaining to the theft of user data by Yahoo! Inc. in 2019 serve as a notable example of the significant economic consequences that may ensue as a result of cyber intrusion (Rahman & Islam, 2021).
The occurrence of a security breach resulted in a substantial financial loss for both the organisation and its clients due to the compromise of a considerable number of user accounts. The ongoing incident underscores the importance of efficient cybersecurity protocols and the economic implications of cyber offences. Moreover, cybercrime exerts notable psychological and personal impacts on individuals. The R. v. Healy case of the year 1999, serves as a prime example of the adverse impacts of cybercrime on individuals, particularly in the form of online harassment and surveillance (Button et al., 2022). The perpetrator's continuous utilisation of cyberbullying and intimidation tactics resulted in substantial psychological harm to the victim. The antecedent case underscores the necessity of legal establishments that safeguard individuals from the detrimental consequences of cyberbullying and tackle the distinctive obstacles presented by this type of mistreatment.
In order to effectively address the persistent issue of cybercrime, it is imperative to first gain a comprehensive understanding of its fundamental principles (Nwankwo & Chiwuike Ukaoha, 2020). The Mitra case in the United States underscores the importance of understanding technology-facilitated unlawful conduct within the framework and standards of cybercrime. The investigation and prosecution of the case posed significant challenges due to the involvement of a substantial number of individuals, the implementation of anonymisation techniques, and the intentional masking of digital traces (Mohsin, 2020). In order to effectively identify and penalise individuals engaging in fraudulent activities, advanced forensic tools and global collaboration are imperative. Law enforcement agencies often face resource and personnel ISBN: 978-93-5842-059-3 5 shortages in their endeavours to combat cybercrime (Nwankwo & Chiwuike Ukaoha, 2020).
The legal case of R. v. Williams, of 2020, serves as an exemplar of the challenges that may ensue as a result of limitations in resources (Mohsin, 2020). The defendant committed cybercrime by taking advantage of weaknesses in electronic payment systems. Insufficient financial resources posed a hindrance to the inquiry and consequent legal proceedings, thereby impeding the overarching endeavour to address cybercrime (Nwankwo & Chiwuike Ukaoha, 2020). Adequate funding, specialised training, and access to state-of-the-art technologies and procedures are essential for law enforcement agencies to effectively address cyber threats. To effectively address cybercrime, it is essential that the criminal justice system evolve and modify its procedures on an ongoing basis.
Cybercrime regulation is hindered by a number of factors, including the rapid rate of technological advancements, the prevalence of cybercrime, and the difficulty of apprehending cybercriminals. The rapid development of technology highlights the need for law enforcement agencies to have the skills, strategies, and resources necessary to investigate, prevent, and apprehend cybercriminals (Chandra & Snowe, 2020). The complexities surrounding issues of jurisdiction, extradition procedures, and data privacy laws highlight the importance of global cooperation in combating cross-border cybercrime (Nwankwo & Chiwuike Ukaoha, 2020). It is essential to amend legal frameworks and incorporate international agreements into national laws for accurate prediction of future events (Chandra & Snowe, 2020).
Regular evaluation and modification of the existing regulatory framework are required to ensure its compatibility with the constantly shifting landscape of cybercriminal activities. Successful implementation of cybercrime legislation requires an increase in funding for law enforcement agencies, a better understanding of digital forensics, and the promotion of public-private cooperation (Nwankwo & Chiwuike Ukaoha, 2020). From a legal perspective, it is critically important to emphasise best practices associated with creating long-term competencies and enhancing the quality of outcomes through legal mechanisms which enable institutions to improve performance and inculcate a higher degree of control over challenging factors associated with cybercrime that have a detrimental impact on the global population that is increasingly dependent on digital platforms and the internet. ISBN: 978-93-5842-059-3 6 4.
Challenges Faced by Legal Systems and Law Enforcement Combating cybercrime on a worldwide scale provides a number of issues for law enforcement organisations. The current analysis emphasises the complexities caused by rapid technological advancement, the global scope of cybercrime, the difficulties in identifying and apprehending cyber offenders, a lack of resources and expertise, and the need for international cooperation to address this pervasive issue by utilising relevant legal precedents (Button et al., 2022). The increasing speed of technological development poses a huge challenge for law enforcement authorities. According to the decision in the case of United States v. Hutchins, 2019, the defendant was in charge of designing and propagating the Kronos banking Trojan as well as employing cutting-edge tactics to circumvent security safeguards. The aforementioned incident occurred in 2019 (Chandra & Snowe, 2020). Law enforcement officials have a difficult time keeping up with the methods and equipment utilised by cybercriminals due to the fluid and ever- changing nature of their activities (Button et al., 2022).
Cybercrime is a problem that affects the entire world, and as a result, it comes at a price that is reasonable given how prevalent it is. Another American case demonstrates the challenges of opening an international criminal investigation. The defendant, who was born outside the nation, was in charge of organising a major cybercrime operation with the explicit goal of victimising Americans (Chandra & Snowe, 2020). The court procedures underscored the importance of international cooperation in combating cybercrime, given the obstacles caused by jurisdictional complexities, legal cooperation, and intergovernmental data transfer. 5. Legal Structures and Cybercrime Procedures The development of strong legal frameworks and standards is imperative in addressing the intricate challenges posed by cybercrime, which is on the rise and involves unlawful actors in the technology industry (Chang, 2019).
The present research investigates the techniques and materials employed in the investigation of cybercrime, with a particular emphasis on the importance of digital forensic analysis, evidence gathering, cybersecurity-related communication, and deterrence. The central topic of our discussion will mainly centre on the current legal issues related to cybercrime (Eboibi, 2020). The legal strategies employed to address cybercrime are based on ISBN: 978-93-5842-059-3 7 both national legislation and global agreements. The utilisation of domestic legislation to tackle cybercrime is exemplified by the prominent legal case of United States v. Ulbricht, 2017. The Budapest Convention, along with other international accords, is a crucial resource in the battle against cybercrime around the world since it encourages the harmonisation of legal frameworks and facilitates international cooperation.
The Budapest Convention, like the R. v. McKinney decision, offers provisions for the criminal prosecution of those who engage in the sexual exploitation of children via the Internet (Chang, 2019). Extradition, evidence collection, and international investigations are all areas where the Convention aims to improve upon current practices. The goal is to strengthen the ability of international legal systems to deter cybercrime. Limits imposed by regulation are a practical strategy for combating cybercrime. The success of goals depends on regular assessment and adjustment (De Paoli et al., 2020). The case of Grunin v. Facebook, Inc, of the year 2014, exemplifies the complexities that might develop during cybercrime investigations, especially when it comes to questions of jurisdiction (Eboibi, 2020).
Facebook has filed lawsuits against individuals and businesses that have spread malware or engaged in questionable commercial practices. The court's judgement emphasised the significance of protecting the independence of the judicial system while enforcing legislation to combat global cybercrime. The adoption of resilient cybersecurity protocols and pre-emptive tactics is imperative in combatting cybercriminal activities. The case of R. v. Patel, 2017, highlights the significance of implementing pre-emptive measures to alleviate the possible risks associated with cyber assaults. The alleged offence involved the accused party's unauthorised acquisition of confidential medical records (De Paoli et al., 2020). It is crucial for enterprises to implement comprehensive cybersecurity measures, such as encryption, access controls, and periodic security assessments, in order to minimise potential risks and safeguard sensitive information from malicious actors. The existing legal structures and regulations that relate to cybercrime serve as the basis for managing and supervising such behaviour (Hall et al., 2020).
The legal frameworks governing cybercrime at national and international levels are shaped by domestic legislation and international agreements. Ensuring the continued relevance and effectiveness of strategies aimed at preventing cybercrime in the constantly evolving realm of this issue, requires continuous evaluation and improvement (De Paoli et al., 2020). The effective execution of cybersecurity measures and preventative protocols is of paramount importance in the proficient conviction of cyber offenders, the mitigation ISBN: 978-93-5842-059-3 8 of subsequent cyber offences, and the advancement of investigative methodologies such as digital forensics and evidence collection (Hall et al., 2020). By implementing robust cybersecurity protocols, employing modern investigative methodologies, and strengthening legislative frameworks, society can effectively combat cybercrime and protect individuals, businesses, and critical digital infrastructure from its harmful effects. 6.
Conclusion
In the contemporary digital landscape, safeguarding against cybercrime is of paramount importance. To address the ubiquitous and ever-evolving nature of cybercrime, it is imperative that the criminal justice system implement a proactive and all-encompassing approach without delay. The study highlights the importance of a strong criminal justice system in maintaining legal order, protecting essential human rights, and tackling cybercrime issues at a worldwide level. The issue of cybercrime necessitates robust legislative frameworks and efficacious law enforcement measures. Cybercrime is a phenomenon that affects various entities, including individuals, businesses, and the wider public. The situation presents discernible financial, psychological, and emotional ramifications. Research conducted on cybercrime has exposed the gravity of the matter and the possible detrimental effects it could inflict upon various enterprises.
To effectively combat cybercrime, it is imperative that the criminal justice system undergoes a constant process of evolution and modification of its procedures. The impediments to regulating cybercrime effectively include the pace of technological progress, the ubiquity of cybercrime, and the challenges associated with apprehending cybercriminals. The swift progression of technology necessitates that law enforcement agencies possess the requisite competencies, approaches, and assets to scrutinise, forestall, and detain cyber offenders. International collaboration is imperative in the fight against transnational cybercrime, owing to concerns surrounding jurisdictional matters, extradition protocols, and data privacy regulations. In order to accurately anticipate forthcoming occurrences, it is imperative to revise legal structures and integrate global accords into domestic statutes. Frequent evaluation and modification of the current regulatory structure are imperative to ensure its alignment with the constantly evolving landscape of cybercrime. The effective enforcement of cybercrime legislation necessitates ISBN: 978-93-5842-059-3 9 augmented financial resources for law enforcement agencies, an enhanced understanding of digital forensics, and the fostering of collaboration between public and private entities.
ISBN: 978-93-5842-059-3 10
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Borwell, J., Jansen, J., & Stol, W. (2021). Comparing the victimization impact of cybercrime and traditional crime. Journal of Digital Social Research, 3(3), 85–110. https://doi.org/10.33621/jdsr.v3i3.66
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Cyber Violence with Biosocial Perspective and The Role of Preventive Legislative Mechanism. International Journal of Cyber Criminology, 15(2).https://cybercrimejournal.com/menuscript/index.php/cybercrimejournal/article/view/13
EXPLAINING MAOIST STRATEGY: IT’S ALL IN THE SCRIPT
EXPLAINING MAOIST
STRATEGY: IT’S ALL IN THE SCRIPT
By Dr. Thomas A. Marks, April 13, 2006
Even as I write, events in Nepal unfold as if
a Broadway play – nary a miscue from the script passed out months ago in the
Nepalese media.
Having declared a “ceasefire inside the
Kathmandu Valley,” thus to gain the media “spin” that would necessarily come from
“peaceful protestors” being “attacked,” the Maoists proceeded elsewhere in the
country to attack positions. The Butwal attack is only the most recent example.
Open use of violence “outside” the urban
centers has been accompanied by orchestrated rioting “inside.” That the foreign
media (with the help of the anti-government sectors in the Nepali media)
persist in calling such “peaceful protest” only demonstrates how thoroughly
detached they are from the reality of the people’s war approach.
From the Maoist Playbook
To outline the Maoist strategy for those who
were not present at the auditions for parts:
● Overload the security forces “inside” while
attacking with main forces “outside.” Claim to be only supporting “peaceful”
forces for change.
● Use government troop deployments to
advantage. If the security forces must move more men inside, flow into the
vacuums left behind. If they move outside, send urban partisans inside.
● Exploit every death and claim that any
setback (e.g. failure to overthrow the government) proves that only the violent
way is left to install “absolute democracy.”
● Break the RNA at all costs. RNA is the one
real obstacle remaining in the quest for power. So caught up is the SPA in its
short-term effort to remain relevant that it is oblivious to long-term peril.
SPA can be counted upon to mindlessly perform on cue.
● Move now to exploit the opening provided by
Indian perfidy. New Delhi senses an opportunity to at long last create of Nepal
a dependency that will do as it is told.
From the Maoist perspective, they have adopted
a “win/win” course of action: no matter what actually happens, they will
benefit.
By declaring a “ceasefire outside Kathmandu
Valley,” they seal off the battle area, declaring that it will be a fight
between rival bodies of manpower. They feel that the SPA manpower on the
streets can overwhelm whatever the police and APF (the backup) can put on the
playing field.
When the authorities make mistakes, which
ultimately they must if SPAM plans go off as scripted, the government is again
“human rights abusers” — and the howls can already be heard from the usual
suspects. Some elements of the Nepali media appear to be working deliberately
to fan the anti-government flames.
Further, the violence allows the Maoists to
claim they at least gave “peace” a chance.
The dream scenario, from the SPAM perspective,
is to replay 1990, with masses rushing across the open boulevard leading to the
main palace gate, the troops forced to open fire, bodies filmed by
international media and beamed worldwide, India declaring it can no longer
stand by “as democracy is crushed.”
Role of India
India’s role remains to be untangled, but no
one who was in Sri Lanka in July 1987 – as I was – can overlook the startling
similarities. The Indian invasion, conveniently disguised as the IPKF (Indian
Peace Keeping Force), was but the culmination of half a decade of support for
Tamil insurgents/terrorists that New Delhi thought it could “manage.”
Then, as now, the shape of the international
arena played a significant role. India, many have forgotten, had sided with the
Evil Empire. There were some 6-7,000 Soviet advisors in the country. It was the
first country outside the Warsaw Pact to receive the MIG-29 fighter, the first
(and only) ever to be rented a nuclear submarine.
Beyond all else, in a relationship only now
emerging from files of the KGB spirited out of the country prior to the
resumption of the authoritarianism, the government of Indira Gandhi allowed
itself to be fed Soviet disinformation that convinced it Sri Lanka was a
threat.
Alleged “special intelligence” provided by
Moscow purported to prove Colombo was on the verge of granting Washington
basing and spying facilities, India became involved with the Tamil insurgents,
eventually training, arming, and basing them. When an initial massing of forces
to invade in early 1984 was warned off by the Reagan administration, Delhi
simply waited for a more propitious moment. This came in July 1987, as the Sri
Lankans moved to crush the trapped insurgents in Jaffna.
What that moment shares with the present is
the astonishingly bad “intelligence” that drove Indian policymaking, as well as
the claim that “foreign hands” support the monarch. Putting the word in
quotation marks only highlights what Indian field commanders realized within
days of landing in Jaffna – there was little they had been given in their briefing
packets that was accurate.
That India’s Research and Analysis Wing (RAW)
had produced “analysis” every bit as flawed as any in the annals of
intelligence debacles has since been recognized by no less than India’s
imperious Proconsul at the time, J.N. Dixit (now deceased) – though he
continued to claim, even in his last writings, that India’s information on
America’s intentions was completely reliable.
That India had completely botched its
assessments of Sri Lankan ground realities would not surprise anyone who has
followed what has emerged as the dominant government position in the present
Nepali crisis. Indeed, Indian participants in panels held in Washington, DC,
such as S.D. Muni, have distinguished themselves principally in what can only
be characterized as willful ignorance of SPAM pronouncements and motives.
To cite but the most egregious example, the
Indians continue to claim SPAM is willing to negotiate for itself a role in a
parliamentary framework headed by a constitutional monarchy, even as the
Maoists give press conferences claiming they will try the monarch in a people’s
court.
There do seem to be analysts who have
correctly identified the astonishingly strategic myopia involved in
destabilizing Nepal further even as India itself grapples with its own growing
Maoist challenge. In his recent “India, Maoism and Nepal,” former Finance
Minister Madhukar S.J.B. Rana hit the nail squarely on the head when he wrote,
“India is playing a dangerous game of pure real politic where it seeks to
intervene in Nepal militarily by using the Maoist [as published] as proxy under
the unbelievable propaganda ‘to secure peace and democracy for the Nepalese
people and to arrest the impending refugee inflow into its own territory’.”
Change a word here and there, and the logic is
identical to the debacle that became IPKF. It is further noteworthy that in the
three bloody years that followed July 1987, IPKF acquitted itself well in
“India’s Vietnam” (as it was called by the press), even as Indian policymakers
sought to cast blame for the blunder on anyone and everyone except themselves.
(The most ludicrous position, of course, was the very one the Maoists advance
now: it is all the fault of American imperialism.)
Where to From Here?
As irony would have it, it is the growing
amicability of India and the US which has served as the strategic cover for New
Delhi to bring Kathmandu to heel. Nepali sources have become increasingly blunt
(and strident) in the same manner as the Sri Lankans all those years ago, as
the Indian ties to Nepali violence become more clear.
One does not have to engage in plot mongering
to posit that India is making a major policy error in steering its present
course. Neither does one have to cast aspersions to point out the obvious: the
SPA portion of SPAM has been willing to play the quisling for momentary
political gain.
For it will be momentary, come what may. Let
us suppose that the present government collapsed tomorrow. Where would that
leave SPA? With two useless pieces of paper and a worthless sheath of promises.
What is tragic is that very little would seem
to separate the sides at the moment save profound mistrust. The king agrees
that parliamentary democracy should be restored with a constitutional monarch.
The Maoists claim they will accept a democratic republic of whatever sort is
decided by a constitutional convention. SPA claims the same. SPAM as a whole
claims to desire a “ceremonial monarch” (but the “M” has been unwilling to
desist from claiming a trial or exile is the only way out for the present
monarch). RNA would become a true “national” army, which, not surprisingly, it
already thinks it is.
It is important to interject RNA into the
discussion, because the shape of any successor organization was a major
sticking point in the previous 2003 round of ceasefire talks. SPAM seems to
think this institution will simply agree to dissolve itself without discussions
of what this entails.
That this will not happen was put to the
Maoists directly in 2003, but they were as unwilling then to grapple with the
complexities thus raised as they appear to be now. Yet the growing stratum of
combat-tested, politically astute officers is not simply going to go as lambs
to the slaughter.
Thus a great deal more thought is required
upon the part of all sides. This will not take place as long as SPAM persists
in its present course.
Dr. Thomas A. Marks is a political risk
consultant based in Honolulu, Hawaii and a frequent visitor to Nepal. He has
authored a number of benchmark works on Maoist insurgency. Please send your
comments to feedback@mos.com.np.
(Editor’s Note: Nepalis, wherever they live,
as well as friends of Nepal around the globe are requested to contribute their
views/opinions/recollections etc. on issues concerning present day Nepal to the
Guest Column of Nepalnews. Length of the article should not be more than 1,000
words and may be edited for the purpose of clarity and space. Relevant photos
as well as photo of the author may also be sent along with the article. Please
send your write-ups to editors@mos.com.np)
Friday, February 21, 2025
Small State, Big Challenges: How Bangladesh is Coping with Indo-Pacific Dynamics
Small State, Big Challenges: How Bangladesh is Coping with Indo-Pacific Dynamics
2 January 2025, NIICE Commentary 9821
Md. Saifullah Akon
Bangladesh’s position at the strategic junction of South and Southeast Asia makes it a pivotal actor in the increasingly contested Indo-Pacific region. Although classified as a small state in terms of resources and capabilities, Bangladesh faces a range of complex challenges due to the involvement of global powers like China, Japan, and the United States in the region. These major actors are motivated by their own strategic interests, leading to intense geopolitical competition that often impacts smaller states caught in the crossfire. Bangladesh, however, has shown resilience and adaptability, crafting strategies aimed at maximizing national interests, preserving sovereignty, and fostering development amidst shifting dynamics.
On the other hand, the Indo-Pacific has emerged as a global focal point for economic growth, strategic competition, and maritime security. Within this context, Bangladesh’s position as a coastal nation along the Bay of Bengal (BoB) underscores its geostrategic importance. This body of water not only facilitates trade routes that connect South Asia with East Asia but also offers access to key markets and maritime resources. Bangladesh’s geographic placement makes it an attractive partner for regional connectivity and economic initiatives aimed at fostering trade and investment. Moreover, Bangladesh’s development trajectory, characterized by impressive economic growth and a burgeoning middle class, has drawn the interest of regional and global players. As an emerging economy, Bangladesh presents itself as a market for trade and investment while seeking to deepen connectivity with its neighbors and beyond. However, this very importance subjects Bangladesh to external pressures, as global powers seek to draw it into their spheres of influence, often with conflicting agendas that must be carefully managed to preserve Bangladesh’s autonomy.
Engagement of Major Powers and Bangladesh’s Challenges
Bangladesh’s strategic significance has made it a target of interest for the major powers, each of whom views the country as a key player in their Indo-Pacific strategies. The growing engagement of China, Japan, and the United States presents a blend of opportunities and challenges, as Dhaka attempts to navigate the intricate web of regional alliances and rivalries. China’s growing influence in the Indo-Pacific is underscored by its extensive economic presence and strategic initiatives, particularly through the Belt and Road Initiative (BRI). Beijing’s push to deepen infrastructure ties in South Asia is evident in its offers of development assistance and investment packages. While these initiatives can spur economic growth, they often lead to apprehensions about debt dependency, geopolitical entanglement, and the potential loss of strategic autonomy. Bangladesh, therefore, faces the delicate task of balancing the benefits of Chinese investment with concerns about Beijing’s influence over its domestic and foreign policy decisions. On the other hand, Japan offers a different but no less significant engagement model through its emphasis on infrastructure development, economic partnerships, and shared values such as regional stability and the rule of law. Japan’s long-standing role as one of Bangladesh’s key development partners has been crucial in expanding connectivity projects that align with broader Indo-Pacific frameworks. Tokyo’s vision for a Free and Open Indo-Pacific (FOIP) aligns with regional stability and supports infrastructure development, including initiatives such as the Bay of Bengal Industrial Growth Belt (BIG-B). Yet, Japan’s growing presence in the region, including its alignment with U.S. policies on security and regional order, may sometimes create friction with Bangladesh’s desire to maintain balanced relations across rival blocs.
The United States, driven by its Indo-Pacific strategy, seeks to strengthen security partnerships, promote democratic governance, and counter China’s influence in the region. Bangladesh’s engagement with the U.S. offers development assistance, security cooperation, and trade potential. However, the close ties between Washington’s Indo-Pacific strategy and its security agenda can create challenges for Dhaka, which must balance relations with both the U.S. and China. Navigating tensions and maintaining a neutral stance while benefiting from U.S. engagement requires a nuanced foreign policy approach. Bangladesh’s engagement with its immediate neighbor, India, further complicates the landscape. While historical and cultural ties provide opportunities for cooperation, Bangladesh remains vigilant about the implications of India’s influence on regional connectivity and its own strategic positioning. This underscores the broader challenge facing Dhaka—balancing relations with multiple powers, each with its own competing interests while retaining control over its own destiny.
Bangladesh’s Coping Strategies in the Indo-Pacific
Despite its status as a small state, Bangladesh has demonstrated remarkable skill in managing its engagements with major powers and addressing the challenges that arise. The nation’s coping strategies are built around diplomatic balancing, economic partnerships, and security cooperation designed to foster growth, maintain sovereignty, and contribute to regional stability.
- Diplomatic Balancing Act
Bangladesh’s foreign policy emphasizes maintaining positive relations with all major powers through a policy of “Friendship to all, malice towards none.” This approach has enabled Dhaka to engage constructively with China, Japan, the United States, and other key actors while retaining flexibility in its international dealings. By actively participating in regional forums such as the Indian Ocean Rim Association (IORA), the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), and ASEAN-led initiatives, Bangladesh has sought to project itself as a responsible and cooperative player that supports regional stability and economic integration. The policy of diplomatic balancing is not without its difficulties. Bangladesh must constantly assess its engagements to ensure that no single power dominates its decision-making processes. By cultivating diversified relationships and leveraging multilateral platforms, Bangladesh strives to retain strategic autonomy while benefiting from diverse partnerships.
- Economic Diversification and Connectivity Efforts
Bangladesh has placed significant emphasis on economic diversification and fostering regional connectivity as part of its Indo-Pacific strategy. In recognition of the risks associated with overdependence on any single partner or sector, Bangladesh has actively sought to broaden its trade and investment relationships. By engaging with diverse economic partners and participating in initiatives aimed at regional integration, Dhaka seeks to enhance its economic resilience and create new opportunities for growth. Infrastructure development, facilitated by partnerships with Japan, regional connectivity projects from Matarbari to Northeast India, and economic agreements with Southeast Asian states, serves as a key element of Bangladesh’s strategy. While maintaining constructive ties with China, Dhaka is also forging economic partnerships with other powers to reduce dependency and build a more resilient economy.
- Security Partnerships and Maritime Focus
As a littoral state, Bangladesh faces significant maritime security challenges, including illegal trafficking, piracy, and resource management issues. Dhaka’s focus on maritime security has driven it to strengthen its naval capabilities and engage in regional security initiatives. Joint exercises, dialogue mechanisms, and cooperation with partners such as India, Japan, and the United States demonstrate Bangladesh’s commitment to regional stability. Bangladesh’s involvement in United Nations peacekeeping missions further highlights its dedication to international security and rules-based order. At the same time, Dhaka has been careful not to align itself too closely with any single security alliance, preferring instead to focus on cooperative measures that benefit regional stability without entangling itself in power rivalries.
Conclusion
Bangladesh’s journey through the complex and often contested waters of the Indo-Pacific demonstrates the challenges and opportunities faced by small states in a rapidly evolving geopolitical environment. By maintaining a balanced foreign policy, pursuing economic diversification, and enhancing security capabilities, Bangladesh has managed to navigate major power rivalries while safeguarding its interests. The nation’s coping strategies offer a model of pragmatic engagement that seeks to maximize opportunities and minimize risks in an increasingly competitive Indo-Pacific landscape. While significant challenges lie ahead, Bangladesh’s ability to adapt, engage, and cooperate with regional and global players will be crucial to its continued success. By demonstrating resilience and strategic foresight, Bangladesh is showing that even small states can exert meaningful influence and protect their sovereignty in an era of big challenges and shifting dynamics.
Md. Saifullah Akon is an Assistant Professor at the Department of Japanese Studies, University of Dhaka, Bangladesh.
Tuesday, October 29, 2024
महिला तथा बालिकामाथि अनलाइन हिंसाको कहर
महिला तथा बालिकामाथि अनलाइन हिंसाको कहर
कान्तिपुर, मंसिर १०, २०८०
काठमाडौँ — केही महिनाअघि एक दम्पती फेसबुक र टिकटकमा आफ्नी छोरीको चरित्रहत्या भएको उजुरी लिएर भोटाहिटीस्थित नेपाल प्रहरीको साइबर ब्युरो आइपुगे । साथमा थिइन् १६ वर्षीया छोरी । घटना सम्झँदै ब्युरोका प्रहरी निरीक्षक राजकुमार खड्गी भन्छन्, ‘मानसिक रूपमा किशोरी विक्षिप्त थिइन् ।’
पीडकले उनको तस्बिर प्रयोग गरेर फेसबुकमा फेक आईडी बनाएका थिए । त्यो आईडीबाट पीडितका आफन्त र साथीलाई अश्लील सामग्री पठाउँथे, अश्लील कमेन्ट गर्थे । चरित्रहत्या हुने भिडियो पोस्ट गरिदिन्थे ।
प्रहरीका अनुसार सुरुवातमा पीडित र पीडकले फेसबुकमा चिनजान गरेका
थिए ।
पीडकले किशोरीलाई ‘भेट गरौं’ भनेर पटक–पटक अनुरोध गर्थे । त्यस्तो आग्रहलाई अस्वीकार गरेकी किशोरी मानसिक हिंसाको आक्रमणबाट बच्न सकिनन् । घटनामाथि ब्युरोले प्राविधिक विश्लेषणसहितको अनुसन्धान गर्यो । उक्त गतिविधिमा संखुवासभा स्थायी घर
भई ललितपुरको महालक्ष्मी नगरपालिका–३ इमाडोल बस्दै आएका १८ वर्षीय
अनिश भट्टराई संलग्न रहेको पुष्टि भएपछि काठमाडौं जिल्ला अदालतले विद्युतीय
कारोबार ऐन २०६३ बमोजिम गत मंगलबार (मंसिर ५ मा) उनलाई थुनामा पठाएको छ ।
यस्तै, अपरिचित
व्यक्तिले गरेको फेसबुक मेसेन्जरमा भिडियो कल ‘रिसिभ’ गर्दा एक महिलाले उल्टै
अश्लील सामग्रीसहितको अनलाइन हिंसा झेल्नुपर्यो । भिडियो कलमा एक
पुरुषले आपत्तिजनक व्यवहार देखाइरहेका थिए ।
उनैले अर्को मोबाइलबाट महिलाले कल
रिसिभ गरेको अनुहार देखिने गरी भिडियो रेकर्ड गरिरहेका थिए ।
महिलाले आइन्दा यस्ता
गतिविधि नगर्न आग्रह गरिन् । तर, ती
पुरुषले तुरुन्तै महिलाको फेसबुकमा गएर अश्लील र अपमानजनक कमेन्ट गर्न थाले ।
महिलाले साइबर ब्युरोमा उजुरी गर्दै ‘आफ्नो चरित्रहत्या गर्ने व्यक्ति पत्ता लगाई कानुनबमोजिम कारबाही गरिदिन’ माग गरिन् । ब्युरोले अनुसन्धान गरेपछि अर्घाखाँची स्थायी घर भई ललितपुर बस्ने २९ वर्षका तुफान केसी
पीडक रहेको पत्ता लाग्यो ।
केसीलाई ब्युरोले गत
भदौ ४ मा
पक्राउ गरी विद्युतीय कारोबार ऐन
२०६३ अन्तर्गत कारबाही गर्यो ।
अनलाइन प्लाटफर्महरूको दुरुपयोगले मानव बेचबिखनको जोखिम पनि
उत्तिकै बढेको छ ।
‘मानवअधिकार आयोगको प्रतिवेदन २०७९’ अनुसार सामाजिक सञ्जालमा साथी बनेर रोजगारीमा
लगाइदिने, घुम्न
लैजाने, पढाइदिने, मोबाइल किनिदिने, प्रेम तथा अपनत्व देखाउने जस्ता
प्रलोभनमा पारेर वयस्कहरूले बालबालिकाको बेचबिखन तथा ओसारपसार गर्ने गरेको पाइएको
छ ।
काठमाडौंकी एक महिलाले फेसबुकबाट चिनजान भएका बालिकाहरूलाई राम्रो कमाइ हुने
कामको आस देखाउँथिन् ।
अनि गेस्टहाउसमा पुर्याएर सञ्चालकको जिम्मा लगाइदिन्थिन् ।
सञ्चालकले सुरुमा बालिकाहरूलाई वेटरको काम लगाइदिन्थे ।
पछि बिस्तारै ग्राहकको बिल बढाउन सँगै खाना खान, बस्न र ग्राहकहरूसँग दुई
हजारदेखि ३ हजार ५ सय रुपैयाँ लिएर जबर्जस्ती शारीरिक सम्पर्क राख्न पनि लगाए ।
यसरी भएको कमाइसमेत आफैंसित राखेर श्रम शोषणसमेत गर्थे । एक
बालिकाले यसविरुद्ध प्रहरीमा उजुरी दिएपछि ७२ वर्षीय ती सञ्चालकलाई मानव बेचबिखनविरुद्धको कसुरमा कारबाही भएको थियो ।
नेपाल जनसांख्यिक तथा स्वास्थ्य सर्वेक्षण २०२२ को प्रतिवेदन
अनुसार नेपालमा १५ देखि ४९ वर्ष उमेर समूहका २३ प्रतिशत महिलाले १५ वर्षकै
उमेरदेखि शारिरीक हिंसा भोगेका छन् । ६ प्रतिशत महिलाले
गर्भावस्थामा हिंसा महसुस गरेका छन् । प्रहरीको मानव बेचबिखन
अनुसन्धान ब्युरोमा आएका मानव बेचबिखनसम्बन्धी जाहेरी हेर्दा अधिकांश पीडित महिला
नै हुने गरेका छन् ।
आव २०७९/८०
मा मानव बेचबिखनसम्बन्धी १ सय
५७ वटा मुद्दा दायर भएकोमा २१० जना महिला र
२० जना पुरुष पीडित रहेको ब्युरोको तथ्यांक छ ।
इन्टरनेटको बढ्दो पहुँच र दुरुपयोगले नेपाली समाजमा महिला हिंसाको
बदलिँदो स्वरूपलाई देखाउँछ । २०७८ को जनगणनाअनुसार देशभर स्मार्टफोन प्रयोग ७३
प्रतिशत परिवारमा, कम्प्युटर/ल्यापटप प्रयोग १५
प्रतिशत, इन्टरनेट
प्रयोग ३७.८ प्रतिशत परिवारमा पुगेको छ । इन्टरनेट तथा विद्युतीय साक्षरता नहुँदा अनलाइन हिंसाको जोखिम झनै बढ्ने, महिला, बालिका, किशोरी, अपांगता भएका तथा यौनिक तथा
लैंगिक अल्पसंख्यक समुदाय यसको सिकार भइरहको प्रहरी निरीक्षक खड्गीको भनाइ छ ।
‘अनलाइन प्लाटफर्मको प्रयोगबारे जहिलेसम्म व्यक्ति–व्यक्तिसम्म सचेतना पुग्दैन, सामाजिक
सञ्जालका माध्यमबाट हुने हिंसा र दुर्व्यवहार झन् बढिरहन्छन्,’ ब्युरोका प्रहरी निरीक्षक खड्गी
भन्छन्, ‘दैनिक डेढ सयको हाराहारीमा उजुरी हामीकहाँ आइरहेका छन् ।’
नेपाल प्रहरीका पूर्वडीआईजी राजीव सुब्बा सामाजिक सञ्जालको
दुरुपयोग गरी हुने चरित्रहत्या, गालीगलौज जस्ता गतिविधिले व्यक्तिको मानसिकतामा ठूलो
असर पार्ने भएकाले साइबर सचेतनालाई जोड दिनुपर्ने बताउँछन् । ‘मैले के लेख्दै छु, के च्याट गर्दै छु भन्ने कतिलाई
थाहै छैन, भोलि
कानुनी झमेलामा फस्छु भन्ने जानकारी नै छैन । पाठ्यक्रममै समावेश गरेर विद्यालय तहबाटै जनचेतना जगाउनुपर्छ, साइबर
अपराध पीडितलाई मनोसामाजिक परामर्शको व्यवस्था गर्नॅपर्छ,’ सुब्बा भन्छन् ।
ब्युरोमा आएका पछिल्ला चार वर्षका तथ्यांकलाई मात्रै विश्लेषण
गर्दासमेत औसत एक हजारका दरले साइबर अपराधअन्तर्गतका उजुरी बर्सेनि वृद्धि भइरहेको
देखिन्छ ।
गत आर्थिक वर्ष २०७९/८०
मा साइबर अपराधसम्बन्धी
५ हजार ५ सय २८ उजुरी आएका थिए, जसमध्ये महिलाका २ हजार ७०१ महिला र ९० उजुरी बालिकाका
तर्फबाट परेको थियो ।
पुरुषका २ हजार ४४९ र
बालकाका ३८ उजुरी थिए । अन्यका ५० वटा उजुरी ब्युरोमा परेको थियो ।
साइबर ब्युरोका प्रहरी उपरीक्षक पशुपति रायका अनुसार महिला र बालिकाका उजुरीमध्ये
अधिकांश अनलाइन हिंसा र दुर्व्यवहारसम्बन्धी हुने गरेका छन् भने पुरुषको उजुरी ठगी
र अपराधसम्बन्धी हुने गरेका छन् ।
अनलाइन प्लाटफर्ममार्फत डरत्रास, धाकधम्कीका मेसेज पठाउने, प्रापकको सहमतिबिना यौनजन्य
सामग्री पठाउने, गोप्य
र निजी पहिचानका सामग्री सार्वजनिक गरिदिनेलगायतका गतिविधिबाट अनलाइन हिंसा हुने
गरेको छ ।
विश्वमा प्रत्येक तीन महिलामध्ये एक
जनाले यौनजन्य तथा शारीरिक हिंसा भोगिरहेका यूएन वुमनको प्रतिवेदन छ । अनलाइन प्लाटफर्ममा हुने हिंसाले महिला, बालिका
तथा किशोरीविरुद्धको हिंसाका विद्यमान स्वरूप र ढाँचालाई उल्लेख्य मात्रामा बढाउने
प्रतिवेदनमा उल्लेख छ ।
‘अनलाइन
वा विद्युतीय उपकरणको पहुँचमा रहेका सबैजसो महिला र युवतीले अनलाइन हिंसाको सामना
गर्छन्, तीमध्ये
केही चाहिँ बढि नै जोखिममा हुन्छन्,’ यूएन वुमनको प्रतिवेदन भन्छ ।
रिपोर्टअनुसार सार्वजनिक छवि बोकेका महिला, पत्रकार, मानवअधिकार रक्षक, राजनीतिज्ञ र नारीवादी अभियन्ता
अनलाइन माध्यमका हिंसाबाट सबैभन्दा बढी जोखिममा छन् । ‘द
इकोनोमिस्ट इन्टेलिजेन्स युनिट’ को प्रतिवेदनअनुसार विश्वका ८५
प्रतिशत महिलाले आफू अनलाइन हिंसाको साक्षी बन्नुपरेको र ३८ प्रतिशतले व्यक्तिगत रूपमै
अनलाइन हिंसा खेपेको देखिन्छ ।
महिला, किशोरी, अल्पसंख्यक र सीमान्तकृतको
तस्बिर दुरुपयोग हुने, अनलाइन
दुर्व्यवहार, अपमान
र इच्छाविपरीत यौनजन्य गतिविधिको उच्च जोखिममा हुने यूएनएफपीएको निष्कर्ष छ ।
पत्रकार एवम् लेखक अमृता लम्साल सार्वजनिक सरोकारका विषयमा
तर्कसंगत आलोचना गर्छिन् ।
विचार र टिप्पणी गरेकै कारण उनीमाथि सामाजिक सञ्जालमा अश्लील गालीगलौज, बलात्कारदेखि ज्यान मार्नेसम्मको
धम्की आउँछन् ।
शुभचिन्तकहरूले ‘ट्वीट कम
लेख्न, उनीहरूसित कम प्रतिक्रिया गर्न, बेवास्ता गर्न, ब्लक गर्न, साइबर दुर्व्यवहारको उजुरी गर्न’
सुझाव दिन्छन् ।
उनले कतिपय अश्लील गालीगलौज, धम्कीहरूबारे नेपाल प्रहरी र
सरकारलाई फेसबुक र ट्वीटरमार्फत जानकारी नगराएकी पनि होइनन् । तर, यसमा
सरकारले कस्तो अनुसन्धान गर्यो भन्ने उनले जानकारी पाएकी छैनन् ।
‘सामाजिक सञ्जालमा हुने
घृणास्पद गालीगलौज, चरित्रहत्या, हिंसा र दुर्व्यवहार डरलाग्दो
गरी फैलिरहेको छ, नेपाल
प्रहरीको फेसबुक पेजमा गराएको जानकारीबारे जवाफसमेत पाएको अनुभव छैन,’ उनको भनाइ छ ।
प्रकाशित : मंसिर १०, २०८० ०७:४७
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