Abstract:
This paper intends to critically examine whether democracy has been compromised while containing the COVID-19 coronavirus in Nepal. The government of Nepal has been trying to control the spread of the pandemic by invoking the Infectious Disease Act 1964. As empowered by the law, the Government of Nepal has enforced restrictive measures. Such measures have undermined democratic values… Such activities focus on the decisions or decision-making processes as well as the emergency measures themselves and, therefore, does not limit itself to human rights and democratic norms, values, and principles. But it is different in reality.
The main research question of this study is, whether democratic practices have been affected while responding to COVID-19 by unnecessary use of power and enacting emergency laws or using inappropriate laws in Nepal? This study is not only confined to the piece of legislation but beyond that, this study is related to the health of the general public. The study is a value-aid in the field of democratization in legislation even in emergency or pandemic situations. This study also presents a comparative picture of COVID-containment measures adopted by different countries.
The Qualitative Research Method has been used in the study and has applied for a broad literature review with legislative scrutiny. At the same time, the study is trying to compare with the actions and measures taken by the government of other parts of the world.
Critical theory has been applied for objective assessment and recommendations for the future.
Subsided rule of law by enacting emergency laws or implementing outdated and inappropriate laws to contain the spread of the pandemic is the major finding of the study. The decisions based on either emergency laws or inappropriate laws are in fact the lack of laws for legitimizing the monopoly of the executive in the specific context of Nepal. Therefore democracy has been subsiding and will suffer further.
The study recommends updating the legislation as per the need of time and comprehensive legislation with a compilation of scattered provisions of the infectious disease and unification of laws with enacting umbrella act for the future to respond to a pandemic like COVID-19 without any compromise of the fundamental norms, values, and principles of democracy.
Keywords: Legislative scrutiny, emergency law, democracy, government, and infectious disease.