Supreme Court puts stay order on mountaineering regulation amendment


8th Mar, 2018 | Tourism Mail Crew


KATHMANDU, Mar 08: The Supreme Court on Wednesday ordered an interim stay on the amendment to the mountaineering regulation barring double amputees, persons without arms and legs and blind persons from attempting to climb the Mt. Everest.

A constitutional bench of five justices led by Chief Justice Gopal Prasad Parajuli issued the stay order on the amended clause pending a final verdict in response to two writs filed by Madhav Prasad Chamlagain and visually impaired climber Chitra Bahadur Khatri.

KC filed a writ against the government on Tuesday arguing that barring him from climbing Everest violated the fundamental rights of differently-abled people.

Chamlagain’s writ filed on February 26 has named the Office of the Prime Minister and Council of Ministers, Ministry of Culture, Tourism and Civil Aviation and Department of Tourism as defendants.

The Cabinet’s Bill Committee approved the amendment to the Mountaineering Expedition Regulation to bar double amputees, persons without arms and legs and blind persons from climbing Everest on December 28, 2017. The amendment was proposed by the Department of Tourism, the department responsible for issuing climbing permits.

The amendment was approved even as differently-abled people like KC and former soldier Hari Budha Magar—who lost both his legs in an explosion in Afghanistan—were training to scale Everest. KC in his writ petition has mentioned that he has made a big investment and practiced for years to climb Everest this year.

Magar has postponed his expedtion to next year following the amendment. Magar, who was born in Rolpa, has arranged the necessary equipment. He has also prepared a team of 14 Sherpas and four rescue personnel for the expedition.