HomenewsUpdatesPeriodic Updates on Ongoing PIL

Periodic Updates on Ongoing PIL

  • August 11, 2017
  • Posted by: admin
  • Category: Updates
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Strategic litigation is one of our specialized areas and currently we are involved litigating cases to ensure rights of migrant workers. We have three ongoing cases as public interest litigation in the Supreme Court of Nepal. Further, our research and litigation team is working on other prospective areas of reform in migration area through judicial intervention.

Updates on Ongoing Cases

I. Case concerning the death of Migrant Workers: 073-WO-0916

  • Date of Registration: 3rd March 2017 [20 Falgun, 2073]
  • Preliminary order: Priority hearing order
  • Co-applicant : Pourakhi-Nepal [POURAKHI is a member based organization which has been leading the issues of migration from the forefront. The organization specialized in issues relating to women and migration. To know more about the organization, please follow the link: http://www.pourakhi.org.np/about-us/
  • Brief Summary: The case was filed in the Supreme Court in response to the alarming death of Nepalese migrant workers while in the destination country. This case has uncovered the pre-departure health test requirement, postmortem requirement, and procedure to repatriate the body of migrant workers (both documented/undocumented). The case has raised the issue of governmental obligation to possible measures to reduce the death of migrant workers and respectable process to transfer the body from destination country to the family (main focus on the transfer in domestic airport in Kathmandu). This case will also invoke government’s obligation to appoint labor attaché effectively and promptly as required by the Foreign Employment Act. This is one of the significant issues relating to migrant workers and is associated with the constitutionally guaranteed right to life.
    Constitutional Provisions invoked: Article 16, Article 18, Article27, Article34 and Article 35(2) in substantive issues. Article 46 and Article 133(2) for procedural matters.
  • Current Status: Hearing scheduled on 14th September 2017
  • News Coverage:

 
II. Case Concerning the Legal aid and Legal Assistance to Migrants in destination country: 073-WO-1090

  • Date of Registration: 10 April 2017 [28 Chaitra, 2073]
  • Preliminary order: Priority hearing order
  • Brief Summary: The Public Interest Litigation was filed in the Supreme Court seeking assurance regarding free legal aid, mutual legal assistance mechanisms, and agreements, mechanisms to protect the rights of families to have sufficient information about the detainees in foreign jails and facilitation of the transfer of sentenced migrant workers.
    Constitutional Provisions invoked: Article 16(1), Article 17(1), Article 18(2), Article 20(1) and Article 27 in substantive issues. Article 46 and Article 133(2) for procedural matters.
  • Current Status: Hearing scheduled on 14th September 2017

 
III. Case Concerning the Voting Rights of Nepalese Migrant Workers: 073-WO-1149

  • Date of Registration: 27 April 2017 [14 Baishak, 2074]
  • Preliminary order: Priority hearing order
  • Brief Summary: The Public Interest Litigation was filed before the Supreme Court by demanding the legal mechanism to ensure the “External voting or out of country voting” apparatuses to ensure the voting rights of Nepalese migrant workers abroad. The application sought that the underlining right of ‘opportunity to vote’ of migrant workers as an inherent right falling within the ambit of right to vote hence, creating an opportunity to take part in election through out of country mechanisms.
    Constitutional Provisions invoked: Article 17, Article 18 in substantive issues. Article 46 and Article 133 for procedural matters.
  • Current Status: Hearing scheduled on 9th September 2017
  • News Coverage:
    • http://www.myrepublica.com/news/19462/ (My Republica)

Please feel free to contact us if you need any further details on the cases.



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