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Dipendra Jha

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Dipendra Jha
Chief Attorney General of the Madhesh Province
In office
18 February 2018 – 3 September 2022
Appointed byRatneshwar Lal Kayastha
Personal details
Born
Dipendra Jha

(1979-07-30) July 30, 1979 (age 45)
Mahottari, Madhesh Province Nepal
Political partyNo party- An Independent Lawyer.
Spouse
​
(m. 2004)​
Children2 (Diya Jha and Aradhya Jha)
EducationMahidol University (Master of Arts - Human Rights),
Bradford University (Master's Degree Arts-Peace and Conflict Studies),
Tribhuvan University (LLB, LLM)

Dipendra Jha (Nepali: दिपेन्द्र झा) is the first Chief attorney[1] of Madhesh Province, one of seven provinces of Nepal. He assumed the office in February 2018 and he completed his full five years term. He was the legal adviser to the Chief Minister Lalbabu Raut and the Convener of Bill Drafting Facilitation Committee in Madhesh Province. Article 160 (5) of the Constitution stipulates: "The Chief Attorney shall be the chief legal advisor to the State Government. It shall be the duty of the Chief Attorney to give opinions and advices on constitutional and legal matters to the State Government and such other authorities as the State Government may specify." He was also given responsibility by the cabinet as a Convener of Law drafting Committee of the Madhesh Government.

Education

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He has obtained a Masters of Arts (Human Rights) degree from Mahidol University in Thailand and a master's degree in Peace and Conflict studies from Bradford University in the U.K., as well as a Bachelor of Arts (Political Science and English Literature), L.L.B. and L.L.M. from the Tribhuvan University in Nepal.[2] He was awarded with International Visitors Leadership Program (IVLP) by the United States of America in 2014.[3] in 2023, he did Diploma in Federalism from University of Fribourg, Switzerland, Law department, http://www.federalism.ch/.

Short Courses & Conference:

S.N Courses & Conferences Country Remarks
1. 2024 Third Global Conference of Lawyers from October 8 to 12. Casablanca, Morocco. Labour Law
2. 2023 Diploma in Federalsim from University of Fribourg. Switzerland, France, Germany & Italy Federalism course
3. 2019 Attended Dayton Kettering Seminar (four days) on Participatory Democracy Ohio, USA. A short course-July
4. 2019 Attended Human Rights Conference of Carter Center. Georgia, Atlanta,  USA, Human Rights-October.
5. 2019 Visited London to attend Peacebuilding Conference in October. UK Peace-building October
6. 2019 Visited USA, Chicago, Iowa, Philadelphia, Delaware and DC USA ANTA
7. 2018 Attended Dayton Kettering Seminar (four days) on Participatory Democracy Dayton, Ohio, USA. Second Year course
8. 2017 Visit to London & Edinburg Constitutional Conference Ireland Melbourne Law School
9. 2017 Visit to Ireland for a week to Dublin Conference Ireland Human Rights
10. 2017 Visit to Colombo March 24 to 26 Asian conference-Lawyers Beyond Sri Lanka Lawyers Conference
11. 2017 March 26 to April 1- to attend Nepal's dialogue Forum Conference Berlin, Germany, Lobby with Parliament
12. 2017 April 1 to 6 to London having various meetings with lawyers, FCO and Parliament UK Early Day motion -EDM
13. 2016 Visit to Beirut conference-Lawyers Beyond Border- Migrants workers Lebnon LBB
14. 2016 Visits of Hong Kong for conference several times on Rule of law and criminal justice   Hong Kong AHRC conference
15. 2016 Visit to the Netherlands and Switzerland to make a presentation on Nepal human rights Switzerland Human Rights Course
16. 2015 Visit to Kuala Lumpur conference-Lawyers Beyond Border- Migrants workers Malaysia LBB
17. 2012 ELLA Award in 2012 in Mexico for a Two-Week South-South Exchange Program Mexico Visit to various places
18. 2011 Expert and trainer for GHR (Geneva for Human Rights) Switzerland Human Rights Course
19. 2010 10th International Human Rights Colloquium course, Brazil, Sao, Paulo Brazil Law Course
20. 2005 Human Rights, Monitoring, Investigation & Promotion organized by CDNHRC (UNDP 18 April-5 May) Thailand Human Rights course
21. 2005 Teachers Training on Human Rights and Humanitarian Law organized by ICRC Bangkok 1–4 October Thailand ICRC

Career

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First Chief Attorney General

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He was the first Chief Attorney of the Madhes Province. While he was the Chief Attorney General ,the provincial government had filed six writ petition against the federal government.It was on August 1, 2019 that the Province 2 [presently Madhesh] government filed the first writ petition against the federal government. It had challenged the decision of the Ministry of Forest to merge the Sagarnath Forestry Development Project with Timber Corporation of Nepal. The constitutional bench had issued an interim order in the Provincial government's favour. He was also given responsibility of Chairing the law drafting committee of the Madhes government, in his convenership, 58 law drafting took place such as the Madhesh Police Act, Madhesh Civil Service Act, Madhesh Policy Commission Act, Madhesh Dalit Empowerment Act, Madhesh Janlokpal Act, Madhesh Special Act for the Girls Protection-Educate Girls Protect Girls.[4] Among seven provinces, Madhesh province made the first state police Act and Civil service act in his convenership which at that time created huge controversy. 50% reservation for women in civil service, police service and all government services are the few revolutionary law which was drafted under his convernership.

Lawyer

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Award Receiving Ceremony.

Before he became Chief Attorney on 18 February 2018, he practiced law at the Supreme Court of Nepal.[5] He was involved in a number of public interest litigation (PIL) cases on various key issues such as citizenship, inclusion, federalism and constitutional issues in Nepal. More than hundred cases of citizenship he fought at Supreme Court including on inclusion and social justice. He got the best youth lawyer award in 2018. His law firm, Terai Law Associates based in Tinkune, having large number of criminal and civil cases.

As a constitution lawyer, his litigation has contributed to ensuring federalism in Nepal[6] in The Constitution of Nepal 2015. The Supreme Court of Nepal, on 20 June 2015 issued an interim order against the implementation of a 16-point agreement[7] that was agreed upon amongst the four major parties - Nepali Congress, CPN-UML, CPN-Maoist, and Nepal Democratic Forum - on 8 June 2015 to promulgate the constitution without federalism.

Although The Constitution of Nepal 2015 - which is the first constitution of the country drafted through people's elected representatives - was claimed the best constitution in the world by many,[8][9] his interviews[10][11] and writings[12] consistently lent to the idea that the document is controversial[13] and that it should be amended.[14] In an interview with BBC media, translated and transcribed by Nepali Timesm he writes: "Halt constitution-drafting' Advocate Dipendra Jha with Rabindra Mishra in BBC Nepali Service, 9 September"

He has been quoted and mentioned in several news reports and interview of several media, including Al Zajeera English,[15] AFP news,[16] The Kathmandu Post,[17] The Himalayan Times,[18] Hindustan Times,[19] The Times of India[20] etc. on contemporary politics and constitutional and social justice issues of Nepal. Now, since 2022, he has been pleading more than 700 case of criminal, civil, corporate and constitutional at Supreme Court, Special Court, High court and District court.

Human Rights Defender

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He is a prominent human rights defender voicing the human rights concerns of the marginalised communities. He is the founder of Terai Human Rights Defenders Alliance (commonly known as THRD Alliance), which is an independent and active human rights non-government organization. He left THRD Alliance in 2018 after his appointment as the Chief Attorney of the Madhesh Government. He didn't return in the organization after that. But THRD Alliance played crucial role during the Madhesh Movement in his leadership and documented several human rights violations and presented to UNOHCHR in Geneva. He filed Early Day Motion(EDM) in the British Parliament against human rights violation and discriminatory content of the constitution.

Key Completed Tasks

S.N Years Tasks Completed Remarks
1. 2016    Expert Team Member, TRC Investigation Procedure Drafting TRC
2. 2014 Expert Team Member, Constituent Assembly Capacity Building Committee Constitution Making process
3. 2011 UNICEF Short-Term National Consultant, Assessment/Review of 1612 Task Force UN
4. 2012 Consultant, Review Rights, Democracy and Inclusion Fund Donors Assessment
5. 2011 International Commission of Jurists (ICJ), Consultant, Terai Assessment 'access to justice’ Project ICJ
6. 2010  ICJ Consultant, Preparation of Report on 'Commission of Inquiry Report Writing
7. 2008 Supporting AI team from London to conduct fact finding mission on human rights crisis in Southern Tarai Nepal  Amnesty International Consultant,
8. 2007 June to 2017 June: Legal Researcher, Asian Legal Resources Center, Hong Kong Member AHRC
9. 2007 UN Consultant, UNESCAP, Bangkok, Collected data related to Rights-based Approach on a selected housing project UN
10. 2006 Research Consultant for Forum-Asia, South-East Asian project on Ethnic Minorities & Indigenous Population Forum-Asia
11. 2005 Project Assistant-National Human Rights Commission, Nepal NHRC

Author

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He is the author of Federal Nepal: Trials and Tribulations,[21] which narrates the story of the constitution making process of Nepal. The book review published in The Record[22] read: "Asides from facts and figures on the marginalized, his book has anecdotes and reviews of key political events, and includes the reactions of various Nepali power-centers and the international community towards Nepal's constitution." The book is available on Amazon.

As author, he also wrote Op-Ed on current affairs of politics, constitution, human rights, rule of law and democracy for The Kathmandu Post[23] and its sister publication Kantipur in Nepali language and other online news portals, including Online Khabar and Setopati. His all articles are available online on the page of The Kathmandu Post.

Political career

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He resigned from the post of Chief Attorney of Madhesh Province on September 3, 2022 and joined Janta Samajwadi Party led by Upendra Yadav. He started campaign to contest for Member of Parliament from Mahottari 3 (constituency). But just a day before nomination his ticket was converted to Member Of Legislative Assembly of Mahottari 3 (1). He fought with Abhiram Sharma from LOSAPA and got defeated from 174 votes margin receiving 9,718 where as Abhiram Sharma received 9,892 votes. Jha moved back to Kathmandu for his legal practice and he left political career by resigning from Janta Samajbaadi Party. Though he resigned from party and politics but his resignation didn't get accepted. Now he is completely focused on legal practices pursuing several criminal, constitutional and corporate cases. His law firm Terai law Associates is one of the renowned law firm based in @ Tinkune, Kathmandu.

Personal life

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Anu, Diya and Aradhya Jha

He was born to a lower-middle-class family in the district of Mahottari District village name Madai ward no-3. His father Udita Narayan Jha got retired from Nepal food cooperation as a junior clerk -Subba and his mother Kula Devi is from India Bihar. He married Anu Jha in 2004. They have two daughters Diya Jha (pursuing law degree) and Aradhya Jha in LA school. He and his spouse are from Mahottari District.

References

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  1. ^ "SC refuses to issue stay order on Jha's appointment as chief attorney of Province 2". The Himalayan Times. 2018-02-23. Retrieved 2018-02-27.
  2. ^ "Accountability Watch Committee". awcnepal.org. Retrieved 2017-10-19.
  3. ^ "International Visitors Leadership Program". Retrieved 2020-10-20.
  4. ^ प्रमाणिकरण भएका विधेयक [Province 2 Assembly] (in Nepali). Retrieved 2020-10-20.
  5. ^ The Editorial Board (2016-05-11). "Opinion | Nepal's Destructive Politics". The New York Times. ISSN 0362-4331. Retrieved 2017-10-06.
  6. ^ "Supreme Court stays 16-pt deal enforcement". Retrieved 2017-10-01.
  7. ^ "Nepal: Document: The 16-point agreement". www.satp.org. Retrieved 2017-10-02.
  8. ^ "Nepal's constitution best in the world: Sitaula". Retrieved 2017-10-21.
  9. ^ "PM says – Nepal's constitution is one of best constitutions in the world |". nepalforeignaffairs.com. 9 June 2016. Retrieved 2017-10-21.
  10. ^ Yadav, Anumeha. "Interview: 'For Madhesis, the first amendments to Nepal's new Constitution are a disappointment'". Scroll.in. Retrieved 2017-10-21.
  11. ^ "Minimum demands of Madhesis, though fringe forces, should be met". Retrieved 2017-10-21.
  12. ^ "Amendment is possible". Retrieved 2017-10-21.
  13. ^ Haviland, Charles (2015-09-19). "Why is Nepal's new constitution controversial?". BBC News. Retrieved 2017-10-21.
  14. ^ "Suggested Amendments to the Nepal Constitution, 2072". Madhesi Youth. 2015-09-23. Retrieved 2017-10-21.
  15. ^ "KP Sharma Oli becomes Nepal's new prime minister". www.aljazeera.com. Retrieved 2017-10-01.
  16. ^ "Anger in Nepal's south threatens landmark polls". Retrieved 2017-10-01.
  17. ^ "Minimum demands of Madhesis, though fringe forces, should be met". Retrieved 2017-10-01.
  18. ^ "'Four types of ballot paper needed'". The Himalayan Times. 2017-09-24. Retrieved 2017-10-01.
  19. ^ "'Hope in the nation is running down': Madhes in Nepal still in ferment, 10 years on". hindustantimes.com/. 2017-03-17. Retrieved 2017-10-01.
  20. ^ "Anger in Nepal's south threatens landmark polls". The Times of India. Retrieved 2017-10-01.
  21. ^ mukesh-and-praveen. "Conspiracy and charades: On the making of the 2015 constitution of Nepal". The Record. Retrieved 2018-02-27.
  22. ^ mukesh-and-praveen. "Conspiracy and charades: On the making of the 2015 constitution of Nepal". The Record. Retrieved 2018-02-27.
  23. ^ "Dipendra jha". Retrieved 2017-10-01.
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