By Narayan Prasad Mishra
We all know that the system of democracy and the rule of law have the same meaning. Democracy means the rule of law. The rule of law means democracy. The rule of law embodies a system where laws are clear, transparent, and applicable to all citizens equally, regardless of their status or connections. It is grounded in principles of fairness, impartiality, and accountability. Under this framework, laws are enacted through democratic processes, enforced by impartial institutions, and adjudicated by independent courts. Moreover, the rule of law fosters a predictable legal environment, encouraging economic growth, social stability, and the protection of fundamental rights.
In 1990, we introduced the multiparty democracy with the king as the head of the country. Again, with the constitution of 2008, we introduced republican democracy with the president as the head of the country by removing kingship in the country. However, in both of these systems, we adopted pure democracy with the rule of law, as we discussed in the first paragraph. The rule of law is the heart of democracy, accepted and agreed upon by all parties.
We have a democratic system in the country. The constitution of the country and the laws promise the rule of law. We have a variety of courts to protect the rights of citizens. Still, in practice, the majority of people who do not belong to any party can not feel safe and live peacefully with the rule of law. They hardly believe the system of democracy protects them from enjoying human rights and fundamental rights of citizens guaranteed by the constitution. This is because we mostly see the rule of gangs rather than the rule of law in the country after the introduction of the multiparty democracy in the country. I can give several examples of the rule of gangs from my own experiences regarding losing my job without any fault or not enjoying human rights guaranteed by the constitution as an independent citizen of the country. I can give several examples of not moving things automatically without contact or relation, which should be in a country of democracy.

In this context, a rule of gangs means a system where power is concentrated within a select group or individual, often through coercion, intimidation, or corruption. In such a system, the rule of law is subordinate to the interests of the ruling clique or faction. Laws may be arbitrarily applied or selectively enforced to benefit those in power, leading to widespread injustice, inequality, and impunity. Instead of impartial institutions, loyalty to the ruling group becomes the primary criterion for receiving protection or facing consequences. Consequently, societies under the rule of gangs often experience instability, violence, and a lack of trust in institutions.
In our present system, we see different groups and gangs affiliated with different political parties - student groups, youth groups, women's groups, labor groups, etc. We often see these groups come forward to fight for the party or person who belongs to their group, whether the party or person is right or wrong in a dispute. They show their political power connection and threaten the helpless person who does not belong to any group. In most cases, they show group strength and muscle power to dominate the helpless person in a dispute over land, house, money, business, etc. These gangs or groups in the country seem stronger in action than the rule of law. Because of this situation in the country, political parties without such gangs and groups seem very difficult to resist. In the same way, people also have a tough time surviving without joining a gang. That is a bitter truth in the country.
In any country, there are laws regarding vehicle accidents—whether involving motorbikes, cars, buses, or trucks—that can result in fatalities, either due to mistakes made by the vehicle driver or the pedestrian. Penalties, including fines and imprisonment, are determined accordingly. We also had similar laws and systems. However, after the introduction of multiparty democracy and the emergence of gang rule, hefty fines are imposed on the vehicle driver or owner by the masses or the gang, regardless of whether the accident occurred or someone died due to the pedestrian's mistakes. The fault is always attributed to the driver. This is also a commonly seen example of gang rule.
Because of this situation, it seems that even public institutions in the country need to suffer. According to the news published in
ekantipur.com on June 7, 2024, the Tribhuvan University Administration could not get help from the police when they requested them to vacant the land illegally occupied by Mohan Bahadur Basnet related to the Nepali Congress Party group. Finally, the land was vacated only after the formation of the Sharada Prasad Trital Committee for searching of its illegally occupied land. It shows how much the party-related gang and group is strong in the country. We often hear about YCL (Young Communist League ) and a Youth Organization (Yuba Sangha) of some other parties functioning as executive, police, military, and judiciary.
In societies governed by the rule of law, citizens enjoy greater freedom, security, and opportunities for prosperity. They can rely on the legal system to resolve disputes fairly, protect their rights, and hold the government accountable. Democracies such as the United States, the United Kingdom, and many others operate under the rule of law, where institutions are designed to uphold constitutional principles and protect individual liberties. Conversely, under the rule of gangs, citizens face arbitrary rule, insecurity, and limited recourse against abuses of power. The absence of legal protections undermines trust in institutions, stifles economic development, and fosters a culture of fear and subservience.
Efforts to transition from a rule of gang to a rule of law require concerted action at multiple levels. This includes strengthening legal institutions, promoting civic education, combating corruption, and fostering a culture of accountability and respect for the rule of law. In our situation, more than that, we need to have a strong commitment of our political leaders to the rule of law, not the rule of the gangs, with honesty, sincerity, and dignity.
They must realize, deep in their hearts, that the rule of law ensures fairness, justice, and accountability, while the rule of gangs perpetuates injustice, inequality, and oppression. I hope that by recognizing the dishonesty behind creating violent gangs, all political parties will dissolve their factions and groups, regardless of the names they operate under, and unite around the party’s core principles and philosophy. They should also discourage immoral individuals, such as thieves, dacoits, kidnappers, gangsters, and extortionists, from becoming leaders or commanders within their ranks.
narayanshanti70@gmail.com
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