Volume 5, Issue 1, April 2017
Articles

Post-Earthquake Resurrection: Jurisprudential Diagnosis from the Standpoint of the Earthquake Victims

Anil Kumar Shrestha
Assistant Professor at Kathmandu School of Law
Bio

Published 2017-04-30

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How to Cite

Shrestha, A. K. . (2017). Post-Earthquake Resurrection: Jurisprudential Diagnosis from the Standpoint of the Earthquake Victims. Kathmandu School of Law Review, 5(1), 124–135. Retrieved from https://kslreview.org/index.php/kslr/article/view/159

Abstract

Natural disaster is an ongoing phenomenon and among many, the earthquake is one. Nepal holds 11th position in the world as an earthquake prone country because of its geological formations. This paper endeavours to analyse the ongoing reconstruction and rehabilitation efforts taken by Nepal Government after the massive earthquake of 2015. The quest of Building Back Better (BBB) under the resurrection schemes for families, whose houses have been collapsed and challenges are encountered per se, following the statutory enactment and underlying opportunity and threats have been diagnosed in this paper. This study is based upon the field research done in course of conducting 90 different Community Mobile Legal Clinics (CMLCs) in the house of the earthquake victims in three most crisis hit districts i.e. Sindhupalchwok, Gorkha and Bhaktapur, where these clinics were designed to meet triad objectives of legal awareness, consultations and legal aids. The study further attempts to reflect the functions of National Reconstruction Authority for excelling the pace of reconstruction.

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References

1. Nepal Earthquake, Post Disaster Needs Assessment Executive Summary, Government of Nepal, National Planning Commission, Kathmandu, 2015

2. White paper announced by Government of Nepal on November 24, 2015.

3. Ibid.

4. Nepal Earthquake, Post Disaster Needs Assessment Executive Summary (1).

5. Access to Justice, Practice Note UNDP 9/3/2004.

6. ‘Programming for Justice Access for All. A Practitioner’s Guide to a Human Rights-Based Approach to Access to Justice’, UNDP, Bangkok, 2005, p. 4.

7. Government of Nepal has announced NRs 10,000 support to earthquake victims to buy warm clothes for the year 2072 as a part of relief package. And first instalment of relief amount (NRs 3, 00,000) and privileged loan up to 3, 00,000 whose houses are completely collapsed.

8. http://www.empowergeneration.org/earthquake-one-year/, assessed on 5th October, 2016.

9. http://nra.gov.np/uploads/docs/ctQFbclKaF161229054220.pdf , (Nepalese), accessed on 25th January, 2017

10. http://www.nra.gov.np/uploads/docs/Pl6nGLjMsB160823111419.pdf, (Nepalese), accessed on 25th January, 2017

11. Preamble, Act Made to provide for Reconstruction of the Earthquake affected Structures, 2015 A.D

12. http://nra.gov.np/pages/details/about. URL accessed on 25th January 2017.

13. http://nra.gov.np/uploads/docs/eiB4QYFrzS170111070413.pdf , (Nepalese), accessed on 8th September, 2016

14. Mallikashakya, ‘the cracks are still open’, 25 April 2016, official website available at http://www.thehindu.com/opinion/op-ed/The-cracks-are-still-open/article14255351.ece, accessed on 3 May 2017.