Can Nepali mothers confer citizenship to their children? The short answer is YES. But if we rephrase this question to 'Can women independently, like men, confer citizenship to their children?’, then the answer is NO. &nbsp;
I write as someone with lived personal experience of prolonged legal battles, activism, self-education about citizenship concepts, and as someone who has transitioned into a lawyer.
The adoption of the Nepal Citizenship (First Amendment) Act 2023 followed by the amendment to the Citizenship Regulation were positive steps. It took the country more than seven years to align the Act in line with the 2015 Constitution.
In terms of gender, it echoes all the constitutionally guaranteed citizenship rights of women – including the right to confer citizenship to her child where a father is unidentified.&nbsp;
This is certainly a step in the right direction, and one that shows the impact of continuous advocacy and activism for gender equality in Nepal. This provision allows a person born to or raised by a single mother to acquire citizenship by descent. However, conditions apply.&nbsp;
- The father has to be ‘unidentified’&nbsp;
- The person seeking citizenship should be born in Nepal;&nbsp;
- And both the mother and the person need to sign a self-declaration form confirming that the father is ‘unidentified’. &nbsp;
This is a constitutionally required condition only for women. Nepali men are considered full citizens with independent rights without the need to sign such self-declaration forms to confer citizenship to their children, irrespective of the mother’s citizenship status.&nbsp;
Another critical condition in the Act is that if the father is later proven to be a foreign citizen, then:&nbsp;
- The person’s citizenship by descent, which they acquired through self-declaration will be withdrawn;&nbsp;
- The person will then have to sign another self-declaration form stating that no citizenship has been acquired from the father’s country;&nbsp;
- This will then allow the person to acquire naturalised citizenship;&nbsp;
- If this self-declaration is later proved to be false, the person will not only be stripped of citizenship but also imprisoned for 6 months to a year and/or Rs50,000 to Rs100,000 fine.&nbsp;
Again, this punishment is based solely on the father’s citizenship status. This proves that Nepal’s nationality law is blatantly patriarchal as it reinforces that descent (bloodline) can only be inherited through males. If it is not a Nepali father, the child is not a citizen. &nbsp;
Read more: <a href="https://www.nepalitimes.com/banner/nepal-waits-for-an-unequal-citizenship-law/">Nepal’s unequal Citizenship Law</a>, &nbsp;Ajay Pradhan
Some may say, so what? At least the person can acquire naturalised citizenship through a mother when the father is a foreign citizen. And at least there is an option for self-declaration when the father is unidentified.
But there are still these problems:&nbsp;
- Naturalised citizenship through mother is undignified.&nbsp;
Naturalised citizenship is not a right, but a State’s discretion. Granting it based on the citizenship of the mother implies that children of Nepali mothers are considered foreigners unless their father is a Nepali citizen. &nbsp;
- There is no legal definition for ‘unidentified. &nbsp;
This vague word ‘unidentified’ holds many societal connotations and one is that the woman has had multiple relationships and cannot identify who the father of the child is.&nbsp;
- The Condition of ‘being born in Nepal’ is discriminatory.&nbsp;
While claiming citizenship through a mother in cases of an ‘unidentified father’, it is mandatory that the person was born in the country. However, the person need not be born in Nepal to acquire naturalised citizenship through a Nepali mother and foreign father. This implies that there are additional restrictions to acquire citizenship by descent through a mother than earning a naturalised citizenship through her. This is subtly disguised as a benefit, but is a huge slap in the face to all Nepali women.
Read Also: <a href="https://nepalitimes.com/here-now/nepal-s-citizenship-amendment-bill-explained">Nepal’s Citizenship Amendment Bill explained</a>, Shristi Karki &nbsp;
These discriminatory laws empower citizenship authorities to unjustly deny citizenship, exposing individuals to the risk of statelessness. I stand as a testament to this reality as I was denied the right to birth registration and at 16, also denied a citizenship certificate. I lived as a stateless person for the first 7 years of my youth and was barred from pursuing higher education or accessing fundamental rights guaranteed to citizens.&nbsp;
Enduring humiliation came with snide comments like these:&nbsp;
“Poor kid, I wish I could confer my citizenship by acting as her father!”&nbsp;
“If we give citizenship to a child ‘like her’ then nieces and nephews from across the borders will also claim citizenship!”&nbsp;
“How can you not know your husband?”&nbsp;
“Give us the smallest clue. We will search and make him accountable.”
“No kid, it's not your fault, it's your mother’s fault –she should have known how to keep her husband happy if she wanted to ensure her children received citizenship.”&nbsp;
“Oh, just marry her to some Nepali guy and she can get citizenship through him.”
A young me could not speak then. But today I will say this: my mother and all women are complete beings in ourselves and our citizenship rights do not have to depend on men.&nbsp;
State actors argue that equal citizenship rights for women might lead to an influx of people from across borders. Our patriarchal citizenship laws haven't helped this xenophobia.&nbsp;
Is denying citizenship rights to children of Nepali mothers and foreign fathers enough to stop dual citizenship? Aren’t children of a foreign mother and Nepali father, where the mother’s country also provides citizenship an issue?&nbsp;
Read Also: <a href="https://nepalitimes.com/banner/are-women-not-nepali-enough">Are women not Nepali enough?</a>, Sahina Shrestha
Turns out gender discrimination is not a solution to prevent fraud or dual citizenship cases in Nepal. How is it fair to punish women for the government's incompetence?&nbsp;
It is too soon to celebrate actual equality. Unless the current Constitution recognises the independent legal identity of women at par with men, women remain to be formally second-class citizens.&nbsp;
Nepal's Constitution and citizenship laws violate the state's human rights commitment under international treaties. And denying citizenship serves as a strategic tool for state discrimination, enabling justification by labeling certain groups as non-citizens.
Many individuals born and raised by single mothers are silently weeping as they visit ward offices and CDOs trying to find what they did wrong, and how they are different from other children with fathers.&nbsp;
These young Nepalis are not allowed to contribute to society, and this is a big loss to the country. Gender equality is always a win-win if only it is fairly implemented.
Read also: <a href="https://www.nepalitimes.com/here-now/history-of-female-immobility-in-nepal/">History of female (im)mobility in Nepal</a>, Upasana Khadka

Neha Gurung

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No state for women

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d073e9c7e80680e0a5fadjpeg.jpg" alt="" width="1200" height="1600"/><figcaption>Circa 1941. Standing from left: Yagyamuni Sharma, Tara Devi Sharma, Kusum Kumari Sharma, Hem Kumari ‘Gyanu’ Sharma. Sitting on chair: Basundhara Neupane Sharma, on stool: Vijaya Sharma. Photo courtesy: VIJAYA RAJ SHARMA/NEPAL PICTURE LIBRARY (With input from Vijaya Raj Sharma and Kalpana Ghimire)</figcaption></figure>Using old family photographs, I have been able to trace the history of patriarchy over four generations in my clan, right down to the present socio-political milieu in Nepal.Perhaps it is the intimacy with which I know my family as well as my country--as a child, as I grew into an adult, a daughter, and now a mother--that makes me want to do this. I have dilly-dallied in writing about these things, and indeed questioned my very right to even publish it. After all, I was born and raised in Kathmandu, and come from a privileged Brahmin background. Such a pedigree makes me an advantaged Nepali.However, as I once was told, “It is as much of a crime to commit injustice as it is not to oppose it.” The state of most Nepali women in their social, cultural, official, and legal capacities is so appalling and alarming that would be a crime not to speak up.In 2013, motivated by the pristine image of Nepal abroad, my French husband proposed that we go live in Nepal. By that point, I had lived for over a decade in various cities in Europe. I missed being in the Nepali cultural sphere, speaking Nepali, eating Nepali food, so I readily agreed.Most of my immediate family were living abroad at the time, and little did I know that without their network and support, living in Nepal would prove to be quite an ordeal -- especially when legal and official work needed to be done.I was aware that I would face some adverse cultural shock, but nothing could have prepared me for the degree of state-imposed patriarchy that we were about to experience. Little did I know that a daughter who is ‘given away’ (especially to a foreigner) would be viewed at par with an asylum-seeker by the state and the bureaucracy if she wanted to return.On the maternal side of my family in my मामाघर, we are now the fourth generation of women who have had to survive and deal with adversities in a patriarchal society with very little support from male members.Historically, the father figures in the clan have passed away very tragically and prematurely, have been absent or severely disabled, leaving the women to survive and carry on, earn a living, and raise children after a certain point or for long periods of time.Growing up with my mother’s side of the family in a household full of women, I was shown that women could be strong, career-oriented, free and become anyone they wished.Because of her upbringing in Kathmandu, Moscow, and Paris, my mother made sure that I was open to the world but raised in Nepal with Nepali values. Consequently, it made me confident enough to feel that I could fly anywhere.Like every child, I too felt that these unconventional, strong-willed, colourful and opinionated members of my predominantly female family were the norm, and as much as I am grateful for that, it did not prepare me for my return from Europe as an adult, and in November 2013 as a woman married to a foreigner.The NeupanesThis photograph of the Neupane family (see above) is of my maternal grandmother’s side, who lived in Kalaiya in the western Tarai. Standing third from the left is my mother’s mother Kusum Kumari Sharma, with her four sisters surrounding their widowed mother Bashundhara Neupane in a very Jane Austen-esque setting.Her fifth and youngest daughter is yet to be married off, the crescent moon hairpin being the traditional Hindu adornment of married women in Nepal in the community at the time. The Neupanes were a hill-based family who had migrated to the Tarai in the 1930s for better living opportunities, like many others.Basundhara’s spouse held the position of डिठ्ठा administrator in Parsauni, one of the most fertile areas of Nepal. This prestigious status gave the family financial ease, and an overall comfortable life. In 1937, tragedy struck -- literally, in the form of a lightning bolt. Basundhara’s husband Chudamani Upadhya Neupane along with his 13-member team were taking shelter under a tree during a rainstorm.The tree caught fire, everyone was knocked unconscious, and only Chudamani did not wake up. Basundhara, along with their 14-year-old son, rushed to the spot. After the last rites, Chudamani’s nephew took advantage of the situation and pocketed all valuables and ownership documents left behind in the house.Customary to Nepali culture, the superstitious finger-pointing of family misfortunes is automatically attributed as the moral or karmic culpability of a third person--mostly a woman.My great-grandmother was accused as being a लोग्ने टोक्ने. The fact that she later lost her son, the only remaining male member of the family, made the situation even worse. We should be grateful for her eldest son-in-law Dhundi Raj Sharma, then a young lawyer, who came to the rescue from Ilam to save the family from further harm, and settled them down in Kalaiya.Without this help, she would have lost property, all prestige and indeed all standing (प्रतिष्ठा, इज्ज़त) in society. Despite this ordeal, the widowed Basundhara was a strong-willed and determined enough woman to go to her husband’s family and obtain her share of the family inheritance -- something that many women in Nepal do not dare to claim even today.A couple of years later, Basundhara’s daughter, my then 16-year-old grandmother Kusum Kumari Sharma, got married. The fact that she had received an informal education was a problem for the members of her husband’s family, and she was packed off to her maternal home for seven years.Such a situation even today would be considered a shame in many Nepali families. Inspired by her eldest sister and activist Tara Devi Sharma, and her lawyer husband, she got involved in the first wave of Nepal’s feminist movement.Tara Devi Sharma went on to become a member of the सल्लाहाकार सभा (Advisory Council) in democratic Nepal. In 1954, she and fellow activists submitted a bill on the ‘Marriage system and provisions for a woman's right regarding marriage’.As for my grandmother, she was later united with her husband Bal Chandra Sharma, a founding member of the Nepali Congress movement. She even joined the party in 1947.Her education foundation, coupled with her social awareness, prompted her to write many articles in significant magazines like युगबाणी (Yugbani). Despite her involvement in Nepal’s growing feminist movement,  she had to face major discriminatory injustice much later in life based on the legal provision on nationality registration. The spouse of a public figure, albeit widowed, and fatherless, she could not obtain Nepali citizenship.As for my grandmother, only when her son obtained his citizenship was she able to get a citizonship certificate through him. Had she had only daughters, she would have been stateless.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d07419c7e80680e0a5faejpeg.jpg" alt="" width="720" height="960"><figcaption> </figcaption></figure>My mother Kalpana Ghimire, earning a living and raising a child on her own, also found herself facing similar challenges much later in life. After her broken marriage in 1982, fatherless and husbandless, she found herself debarred from any property rights.At that time, with her child being female, she would be only entitled to Rs30,000 as marriage expenses from her husband’s property--and being once married, she had no claim to her parental property.Thanks to her education, determination, and her mother’s support, she worked, raised me and earned respect in society. Another major worry and predicament for her was trying to get my own citizenship in 1998.She approached Usha Nepal, the powerful and assertive Kathmandu CDO, whose personal intervention unblocked the process. Thus, like her maternal ancestors, my mother also faced both social and institutional patriarchy, and overcame it.I often get asked why I feel so personally about Nepalis who are undocumented. Here is why: because I was so close to becoming stateless myself. My mother would have shaken mountains to find a solution for my citizenship documents, but the feeling of humiliation and rejection by the state is something one cannot forget.To this day, I find it daunting to enter the Babar Mahal CDO office, and by extension any government office, to get any sort of official paperwork done.Born without a visaMy first shocking encounter with a Nepali bureaucrat was upon my return in 2013, when I had to go to the Immigration office in Dilli Bazar to get my husband’s family visa. I was admonished with a Nepali sermon that returning to Nepal to live in my mother’s माइती home was unjust to my husband’s घर and that I should be taking care them as I now ‘belonged’ to them.I realised that the Hindu marriage कन्या दान ceremony is still taken officially and very seriously in this 21st century globalised world. It seems that the mindset of the maledom has not changed since Nepal got unified in the 18th century.Worse was to follow. In April 2017, we had the great joy of welcoming our little baby boy. I wanted my half-French child to be born in Nepal so that it would be his जन्म भूमि (birthplace) even though he would not be eligible to Nepali nationality as per Nepal’s Constitution that that does not allow Nepali women to pass their nationality onto their children.When my child was two months old, I contacted the Immigration Office concerning formalities to be carried out for a half-Nepali, half-French infant child. To my great surprise and shock, I was asked to pay approximately Rs10,000 fine as according to rules, as the infant French citizen had stayed in Nepal without a visa.Here was a baby, born to a Nepali mother in Nepal, being charged a hefty fine because he was born without a visa. Under normal circumstances, I would probably have taken a strong stand, argued, negotiated and attempted to get this fine annulled, but after an IVF pregnancy, a baby born out of Caesarean section, I was exhausted.Given what my female ancestors, all belonging to a privileged ‘upper’ caste hill family and myself had to go through, I dare not imagine what Dalit, Tarai and hill ethnic women, especially single women, have to struggle with.The state pays tokenism to women by placing them in positions of power, but as Pakistani writer and activist Fatima Bhutto says, the position of women in a country or society should be judged by the state of women outside of power.Somewhere between 4-8.4 million people in Nepal are stateless, mostly because of gender inequality. A dear friend Deidre Breannan, who is doing a PhD on Nepal’s situation with statelessness and patriarchy, says Nepal is one of the few countries besides Malaysia with such a large number of people who are stateless because of gender inequality.Indeed, besides Malaysia, Nepal is on an embarrassing list of 26 other countries that do not allow mothers to pass their nationality onto their children: Bahrain, Barbados, Libya, Oman, Saudi Arabia, Sudan, Suriname, Syria, Togo, the United Arab Emirates and others.As researcher Abha Lal argues, Nepal’s location as a ‘yam between two stones’ means that we define ourselves by what we are not: not Indian, and not Tibetan. This remains in the DNA of all those governing the political rhetoric, and reveals a dire problem in the Nepali identity to this day.Travel bans or restrictions are placed on women wanting to go abroad for work or leisure out of fear of human trafficking, as opposed to creating employment for these women back home. A village in Chitwan is imposing a ban on women migrant workers who have babies aged less than two years at home.Women have to be victims because of the government’s own acts of omission. Earlier this year, Prime Minister K P Oli, in a desperate move to stay in power, created an ordinance in May allowing children of citizens by birth and children of Nepali mothers to obtain Nepali Citizenship.There are 45,000 such cases pending, and instead of debating the issue in Parliament, it was rushed through to appease a faction of the Janata Samajbadi Party that supported Oli in a floor test in the House.Day by day, Nepali women are gaining in their fight against social and culturally-rooted patriarchy. We do not face the same discrimination that our mothers did, but it is a source of great shame that the Nepali state has institutionalised gender discrimination.Is our Constitution, our democratic pretensions just window dressing? How, with such a retrograde mentality, are we going to catch up with the rest of the world?@BhumiGhimir

Coping with patriarchy

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/6369214b9c7e80680e03a0c1jpeg.jpg" alt="" width="640" height="581"/><figcaption>TWITTER</figcaption></figure>There is growing public outrage about the <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">recent rise in reported rape cases across the country</a>. The victims of these appalling crimes can be the elderly or babies, and the daily headlines numb us with their cruelty.What is even more shocking is that these are just what is reported to the police, <a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">there are many times more which we will never know about</a>: physical abuse, mental torture, threats, molestation, harrassment in the workplace, incest.Women have to bear the insults silently: being told they are dumb, stupid, good for nothing. But rage against rape has exploded on social media. The most important change that is needed is in the mindset of Nepal’s men, who use arguments like nationalism and social harmony to perpetuate patriarchy.Read also: <a href="https://www.nepalitimes.com/banner/nepals-suffragette-moment/" target="_blank" rel="noopener">Nepal's suffragette moment</a>, Om Astha RaiRecently, a photograph on social media showed an activist who had pinned a slogan on her back that read in Nepali: ‘Our father is the rapist of our mother’. It was intended to highlight the plight of <a href="http://archive.nepalitimes.com/regular-columns/Between-the-lines/citizenship-clause-should-be-national-issue-not-just-gender-issue,517" target="_blank" rel="noopener">single mothers trying to get citizenship for their children</a>.That is when the trolling began. The pundits were outraged that women were so outspoken, and the backlash was unrelenting. Women activists were at the receiving end of vitriolic comments accusing them of being “dollarbadi” and trying to turn Nepal into Fiji. That particular accusation has to do with the <a href="https://www.nepalitimes.com/banner/nepals-suffragette-moment/" target="_blank" rel="noopener">xenophobic paranoia</a> that Indian men are lining up to marry Nepali women so they can gain Nepali citizenship.Read also: <a href="https://www.nepalitimes.com/editorial/stateswomanship/" target="_blank" rel="noopener">Statewomanship</a>, Editorial<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/6369214d9c7e80680e03a0c2jpeg.jpg" alt="" width="650" height="433"><figcaption> </figcaption></figure>My own support for the defence of <a href="http://archive.nepalitimes.com/regular-columns/Comment/stateless-daughters-in-nepal,863" target="_blank" rel="noopener">women’s rights and citizenship through the mother</a> has been greeted with widespread personal attacks. This virtual abuse in cyberspace is an extension of the physical and verbal abuse that Nepali women face every day. The attackers do not even need to hide behind an anonymous account, they are brazen and open — as if misogyny is socially sanctioned and is nothing to be ashamed about.Women can be crushed, smashed and ripped off their dignity, rights and independence without any repercussions to the perpetrators. To survive in this society women either become submissive, and learn not to rock the boat. Or, they fight back.If a wife is facing abuse from in-laws, she is blamed for the trouble. Even if she is married by the choice of her parents, and the in-laws and husband treat her badly, there is no support from her own parents who fear the social stigma.When <a href="http://archive.nepalitimes.com/regular-columns/Comment/stateless-daughters-citizenship-through-mothers,859" target="_blank" rel="noopener">I made a birth registration for my daughters</a> after supreme court's verdict, Ward secretary filled our ‘Daughter of’ with 'Mr Thegan Nabhaeko’ (Unknown father). I asked why <a href="http://archive.nepalitimes.com/article/nation/citizenship-in-the-name-of-the-mother,2076" target="_blank" rel="noopener">I couldn’t put my father's name as my daughter's grandfather</a> and I was told that officially grandfathers can only be from the father's side, and have no connection with the mother’s parents.I have seen a son's endorsement for his mother to acquire a citizenship at the age of 60 to be very easy — in order that the sons could enjoy the elderly pension from their mother. However another 60-year-old mother was denied citizenship for her grown up, educated and able sons after her husband committed suicide. She was mocked by the CDO, calling her Mother Mary who could give birth without a father, and humiliated.The recent revisions in the Muluki Ain state that to acquire citizenship through the mother, she has to present detailed information about why it cannot be through the  father, and for her explain<a href="https://www.nepalitimes.com/editorial/stateswomanship/" target="_blank" rel="noopener"> why she does not know who the father is</a>. This provision is now being challenged by MP Binda Pandey in Parliament.The argument of last resort about why women should not have the right to confer citizenship to children, usually pertains to national security. If you think it is the open border that allows Indians to swarm across to wed our women, then close the border.Men and women who have married across the border can easily be prevented from getting double citizenship through bilateral negotiations. India can do the same with the people who have citizenship of Nepal. Let us agree to a point where both countries will have equal benefits by sharing a strict rules.It is only when women are treated equally in law and practice that men will think twice about inflicting harm on them.A country where the state itself denies the identity of women makes them vulnerable to abuse and rape. The state's policy has been first seek permission from a male member of the family to find out if a women is eligible for migration. This is not empowering women, it is enslaving them.Read also:<a href="http://archive.nepalitimes.com/regular-columns/Between-the-lines/citizenship-clause-should-be-national-issue-not-just-gender-issue,517" target="_blank" rel="noopener">#Citizenshipthroughmothers</a>, Tsering Dolker Gurung<a href="http://archive.nepalitimes.com/article/nation/The-right%20-to-have-rights,2656" target="_blank" rel="noopener">The right to have rights</a>, Sangita Thebe-LimbuOUTRAGE OVER OUTRAGEA selection of Twitter posts from the debate generated by the image of an activist carrying the slogan: 'My mother's rapist was my father' at a demonstration against the Citizenship Bill that was criticised for being discriminatory towards women. Many activists started adding 'Dosro Darja' (second Class) to their Twitter handles:<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921509c7e80680e03a0c3jpeg.jpg" alt="" width="640" height="459"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921529c7e80680e03a0c4jpeg.jpg" alt="" width="640" height="252"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921549c7e80680e03a0c5jpeg.jpg" alt="" width="640" height="126"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921569c7e80680e03a0c6jpeg.jpg" alt="" width="640" height="195">

Perpetuating patriarchy in Nepal

One smoggy winter morning in February 2019, Ekta regretted coming to her sculpture class. It was the first day of her period, and the 19-year-old wished she was home, curled up in bed with a hot water bag to soothe her cramps.
Her class was at Kalapremi Ceramic Studio, a dark room on the ground floor of a house in Maharajganj, and Ekta’s teacher was the artist Gopal Das Shrestha ‘Kalapremi’, a noted sculptor.
Two other students were already there, using all their muscle strength to knead the sculpting clay. Ekta, now 24, recalls how Kalapremi asked her if she was feeling all right. She avoided him, as she did not want everyone to know she was menstruating.
Kalapremi repeatedly asked Ekta what was wrong. She finally muttered that she was having her period, after which he grabbed her hand and led her to a partitioned corner of the studio and sat her on a chair. Before she could stop him, he slid his hand under her dress, and started massaging her abdomen.
“I was horrified,” Ekta recalls. “I told him to stop, but he didn’t listen, asking me not to be shy, saying he knew how to relieve my pain. He stopped only after I protested furiously.”&nbsp;
The art tutor then said, “You’re like my daughter. I’m doing it out of love to make you feel better, but you’re so stubborn.”&nbsp;
“Instead of saying sorry he acted like I was the one having crazy thoughts,” remembers Ekta, adding that from April 2016 to August 2020 beginning the time she was 16, the artist sexually abused and harassed her on several occasions. &nbsp;
Now, Ekta and the artist’s other former students are finally sharing their experiences and some are pressing legal charges against him, hoping that others do not have to endure what they did.&nbsp;
Award-winning artist and teacher Gopal Das Shrestha ‘Kalapremi’ (the name means ‘Art Lover’) is known for his ceramic art, sculpture, and contemporary pottery. He was <a href="https://nepalitimes.com/review/the-house-of-kalapremi">profiled in Nepali Times after a collaborative exhibition</a>, ‘Where the Wild Things Are’ at the Siddhartha Art Gallery three years ago.&nbsp;
His pieces, titled Gaalis, featured sculpted female figures with the heads of dogs, sheep, and donkeys (pictured) to depict derogatory terms for women. Some critics said the collection was a satire on feminists.
Kalapremi started his artistic and teaching career in 1983 and over the years taught at Bhanubhakta School, Kathmandu University School of Arts, Lalitkala Campus and at his private Kalapremi Ceramic Studio. He has also lectured at Jeonju University in South Korea and recently at Tabor Academy in the United States.
Seven of Kalapremi’s former students were interviewed for this story. Five female students said he touched them inappropriately in his studio or at Kathmandu University. Two male students said they witnessed him abuse and harass the women. In all cases, the students struggled to recognise the abuse when it occurred, and the lack of reporting systems left them to cope on their own for years.&nbsp;
Earlier this year, students shared a social media post hinting at Kalapremi’s history of abusive behaviour following which more students of the artist reached out sharing similar experiences. Some students spoke of abuse that happened as long as 20 years ago.
Kalapremi, 60, has denied the allegations. He told Nepali Times: “Some years ago, there was a movement encouraging people to hug and kiss. I used to do it purely out of friendship and love. But after seeing posts on social media last year calling out my behaviour, I realised my actions may have hurt some people. I understand now that I should have been more mindful.”
He added: “I am also an auxiliary health worker, so I know the exact points to massage to relieve menstrual pain. It’s not just menstruation, I take anyone who is ill to the hospital.”
Sexual abuse is much more rampant than reported given how difficult it is to prove it in court. The law defines sexual abuse as occuring when someone touches another’s private parts, coerces them into touching theirs, uses vulgar language, shows degrading images, or behaves indecently towards them without consent.&nbsp;
Ekta and her fellow students are consulting lawyer Suneeta Regmi Pokhrel, who says they know that even if the court decides in their favour, it is difficult to survive after speaking up, and influential men defend themselves saying they are being framed.&nbsp;
“They are in a lot of pain and weep when recalling how he abused them,” Regmi Pokhrel told us. “They are angry and have filed a case against him, but they are also terrified. They know he is a powerful man and they have seen how our society treats women who speak up against abusers. Unless people speak up, perpetrators will be emboldened.”
Art and academia in Nepal simply reflect the power imbalances in society where people with intersecting identities experience worse forms of abuse. Theatre actors Raj Kumar Pudasaini, Rajan Khatiwada, and Sunil Pokhrel were called out during the #MeToo movement in the Nepali theatre scene in 2019. Even after the allegations Pokhrel went on to receive national awards, while others continued to work without repercussions.
“If you speak up against abusers, you gradually get sidelined from projects,” explained a theatre artist who wished anonymity fearing professional setbacks. “The theatre scene in Nepal is quite small, you just have to make peace with the perpetrators and work with them if you want to sustain yourself.”&nbsp;
In academia there is a history of faculty members sexually harassing students and getting away with it. After Tribhuvan University (TU) lecturer Krishna Bhattachan was accused of harassing women students, the university said it would follow Nepal’s sexual harassment law and set up a reporting mechanism. But nothing happened to the professor, who had already retired. Instead, he counter-accused the students of 'attacking the indigenous people’s movement with baseless allegations' as <a href="https://kathmandupost.com/letters/2019/01/29/bhattachan-responds">he told the Kathmandu Post in 2019</a>. He continues to be featured as a prominent speaker including at TU.
Other faculty members previously accused of sexual harassment include Jagadish Murti Koirala from TU, Bishnu Prasad Acharya from Ratna Rajya Campus, and Bodha Raj Tripathee from Lalitpur Madhyamik Vidhyalaya. A woman staff member from TU also filed a sexual abuse complaint against Dambar Chemjong from TU.
Prominent figures like <a href="https://nepalitimes.com/news/the-rise-and-fall-of-nims-purja">mountaineer Nims Purja</a> have been <a href="https://www.nytimes.com/2024/05/31/sports/mountaineering-sexual-harassment-abuse-nims-purja.html">accused of sexual assault</a>, and cricketer Sandeep Lamichhane, actor <a href="https://nepalitimes.com/news/celebrity-rape-case-spotlights-nepal-laws">Paul Shah</a>, and former speaker of Parliament <a href="https://nepalitimes.com/news/mahara-arrested">Krishna Bahadur Mahara</a> have been accused of rape, but society-at-large has let off the alleged perpetrators amdist a larger debate about justice for survivors and punishment of perpetrators.&nbsp;
‘Gaushala-26’ is the court name given to the 18-year-old who accused Sandeep Lamichhane, former captain of Nepal’s national cricket team and skipper of Biratnagar Kings in the <a href="https://nepalitimes.com/here-now/here-comes-the-nepal-premier-league">ongoing Nepal Premier League</a>, of rape. She left the country citing society questioning her character affecting her mental health while Lamichhane got an outpouring of support. In May, the Patan High Court overturned a prior verdict that found Lamichhane guilty of rape and had sentenced him to eight years in prison. During the 23-month legal battle to pursue justice, Gaushala-26 faced threats of gang rape and acid attacks.&nbsp;
Exhausted by the struggle, Gaushala-26 sought to “move to a new world” where she could live free without hiding her identity.
Actress Samragyee Rajya Laxmi Shah in an Instagram video now deleted detailed the harassment she faced from a filmmaker during a movie shoot. She did not name any name but veteran actor Bhuwan KC filed a defamation case against Rana, but the court ruled that the charge lacked sufficient evidence.&nbsp;
Former Kathmandu mayor <a href="https://nepalitimes.com/opinion/theytoo">Keshav Sthapit also mocked the #MeToo movement</a>, calling accusations against him by journalists Rashmila Prajapati and Ujjwala Maharjan “a rape of men’s rights”.
Serial Abuse
Back at the Kalapremi Ceramics studio, another former student, 24-year-old Rajiv, says he felt the need to speak out after seeing his female classmates being abused.&nbsp;
“He frequently kissed them on their cheeks,” he told Nepali Times. “Whenever they walked into the studio he flailed his arms like a child asking for a hug. They awkwardly hugged him from the side, but he pulled them closer, held their chin, and kissed their cheeks.”&nbsp;
Rajiv says he also saw Kalapremi pull the women’s bra straps, touch their breasts, and slap their buttocks. The young students would freeze, not knowing how to react, and if they protested, he would say it was “normal in art”. Rajiv, 19 at the time like his classmates, remembers thinking perhaps the well-respected artist was right after all.
Another student, Luna, who took lessons at Kalapremi’s studio from 2020 to 2022 did try to confront the tutor after he made an obscene proposal to her. She recalls: “One day when the other students had left the studio and it was just the two of us, he told me that God had given him special artistic talent and he could transfer those powers to me. But to do that both of us will have to be naked, inside a dark room, and have sex.”
Luna, who was 18 then, was livid and told him she did not want any of his powers, but she says he laughed at her as if he was joking. She did not tell her family about the incident because she thought no one would believe her.&nbsp;
“They were all in awe of this famous artist and felt I should be grateful that to be learning sculpting from him,” she says. “I was scared to be alone with him in case he talked about sex again. My coping mechanism was to be rude so he wouldn’t try to come close to me.”
Seeing how some classmates were standing up to Kalapremi, Ekta too tried to push back against his advances, but she said he found ways to coerce her. Since Ekta, Rajiv, and Luna could not afford Kalapremi’s Rs30,000 monthly fee for lessons, he had offered them all a stipend to assist him in the studio.
“He had spondylosis and took me to his therapy sessions to learn massage techniques, then he often made me and other students massage him,” says Ekta. Whenever she refused, he would feign pain to make her feel sorry for him. “He would insist that I put my hands under his shirt so that I could massage him better,” she adds.
The art tutor often tried to “seduce sympathy” from Ekta by sharing how he had never been loved as a child and was “sexually frustrated” as an adult.&nbsp;
“At 7PM, he would pour himself Signature whiskey and immediately go off again about how he was sex-starved. I didn’t know how to respond. It took me time to realise alcohol was just an excuse to talk about sex,” Ekta says.
If convicted, Kalapremi could face financial penalty and/or a prison sentence of up to three years according to Section 224 of National Penal (Code) Act 2017.&nbsp;
Data suggests that victims of child sexual abuse on average take nearly 24 years to tell someone about their trauma, and some may never disclose it at all.&nbsp;
“In our culture, children are rarely taught about boundaries. They often react, show anger when adults pinch their cheeks. But adults insist they did it out of love, and force the children to accept it,” says Sita Lama, a psychotherapist at Manka Kura. “And even when someone touches them inappropriately they struggle to identify and verbalise it.”
When perpetrators claim to be “acting out of love”, Lama says survivors are likely to perceive it as something safe, rather than recognising it as abuse.&nbsp;
“It may take years for them to realise they were abused,” she explains. "And even when they become aware, the power imbalance with the abuser and the associated shame often prevents survivors from speaking up."
Other former students from the School of Art at Kathmandu University have also come forward years later, saying Kalapremi sexually abused them. As young adults, they felt his behaviour was off but were uncertain if it was inappropriate, illegal, or they did not know how to respond. After having understood that it was indeed abuse, they say they are speaking out now to protect others.&nbsp;
Amina Singh, a visiting faculty member at Kathmandu University, says there is no clause against sexual abuse in contracts of teachers, and there is no formal grievance handling mechanism for the students.&nbsp;
“So the only way students can to deal with sexual abuse is approach someone they trust,” she says.
Eight other former art students of Lalit Kala Campus and Srijana College of Fine Arts of Tribhuvan University and other private art studios in Kathmandu say they were also sexually abused by their art teachers. Three faculty members interviewed from these institutions said they saw the abuse, but felt it was futile to report it given how powerful the teachers were.
In the absence of a formal system, some longtime women artists warned each other about “problematic” artists. They shared &nbsp;a “heads-up” to be more cautious when collaborating with them, and avoided responding to their calls and texts after work hours.
To ensure art institutions are safe for all, galleries, museums, artist studios, and smaller art spaces need to develop policies on sexual harassment. This would include a code of conduct or studio policies that hold the leadership accountable and outline the principles of professional ethics.&nbsp;
Students and employees should inquire about accountability mechanisms for raising concerns, both formally and informally, advocates say.
Three years after Ekta left the ceramics studio, she learnt that Kalapremi had harassed many other women. Still trying to get a footing in the art industry, she attended a workshop in Kathmandu where women artists discussed ways to stay safe in the art sector.&nbsp;
Since it was a close-knit group Ekta opened up about how she felt violated and realised she was not alone, he had been abusing underprivileged students for years, and this was common knowledge among artists in Nepal.
Ekta says that even after she quit, Kalapremi continued sending her text messages like ‘I am thinking of you’, ‘Why have you stopped speaking with me’, or ‘I am waiting for your call’.&nbsp;
But what really forced her to act was when Ekta found out that he was sending similar texts to her younger sister.&nbsp;
“I’ve had enough,” she told us. “He abused me all these years but I won’t let him abuse my sister.” &nbsp;
Ekta, Rajiv and Luna are not the real names of the students.&nbsp;

‘Art Lover’ accused of sexual abuse

It was 8:15 in the evening of 25 March 1968 when everyone in the village of Batulechaur near Pokhara heard a deafening sound like thunder as a bright flashing object hurtled down to land in a field.&nbsp; That field belonged to Kul Timilsina, and the next morning he retrieved a sheet of metal about 2m by 1m and carried it home with the help of a few others, thinking it would be useful for his buffalo shed.&nbsp; Before he died at age 83 three years ago, Timilsina had told photo archivist Sunil Ulak that the black metal sheet was not rectangular and had rounded corners. There are a few witnesses still alive who have a clear recollection of the object that fell from the sky that night.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014.jpg" data-media-id="editor_0" data-image-id="2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014" data-rendition-name="original" width="1170" height="601" loading="lazy" alt="UFO over Pokhara"> <figcaption>The field in Batulechaur belonging to Kul Timilsina where fragments of a flying object fell from the sky in 1968.</figcaption> </figure>  One of them is Timilsina’s wife Gyanu, who was 22 at the time. She had been at home, and remembers hearing the big bang and the sky becoming very bright. “We saw the thing in the field in the morning,” she told us. “It looked like a lid, a covering of some sort. The way it was stuck in the ground, it must have fallen from the sky. We thought we could use it to dry clothes on, and took it home.”&nbsp; Another witness is Kul Narayan Paudel. “I was only eight then. We ran to the field to see what had fallen. It was a four-sided metal sheet. The elders took it away, and I don't know what happened to it.” &nbsp; Ram Bahadur Baniya, a teacher at the local school, says he had heard the sheet had been brought to the school, and later handed over to the Zonal Commissioner at the time, Nanda Prasad Malla. “But that is all hearsay,” he says.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54.jpg" data-media-id="editor_1" data-image-id="2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54" data-rendition-name="original" width="1170" height="610" loading="lazy" alt="UFO over Pokhara"> <figcaption>Gyanu Timilsina, wife of Kul Timilsina.</figcaption> </figure>  There are two versions of what happened to Kul Timilsina’s metal sheet. One is that an American Peace Corp Volunteer teaching at the nearby Bindyabasini School took it, and another is that it was handed over to the government. Recently declassified Central Intelligence Agency (CIA) and US State Department documents from the time say that the US Embassy in Kathmandu tracked down the object two years later and had it shipped back to the US. A telegram from the Department of State and Department of Defense tagged as ‘MOON DUST / Space Fragments’ dated 1 March 1972 stated: ‘1. Restored space fragment will be on board Embassy support flight 115 arriving Kathmandu on or about March 10. Fragment is packed in shipping crate (cargo no. 72-33365) marked in care of DAO.&nbsp; 2. State and Defense representatives examined fragments prior to shipment finding restoration acceptable.’  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df.png" data-media-id="editor_2" data-image-id="20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df" data-rendition-name="original" width="856" height="568" loading="lazy" alt="UFO over Pokhara"> <figcaption>Declassified CIA documents about the investigation into the object sighted in Pokhara. </figcaption> </figure>  The documents show that the US government, military and intelligence agencies investigated this incident thoroughly when it occurred, and have continued to revisit it ever since, as recently as five years ago. What is even more intriguing is that the object that fell in Pokhara was not the only unidentified space object that fell to earth that year. There were similar sightings of objects falling from the sky in Ladakh, Sikkim and Bhutan between 19 February and 25 March 1968.&nbsp; These mysteries were the subject of a CIA investigation in 1968 titled ‘<a href="https://www.cia.gov/readingroom/docs/CIA-RDP81R00560R000100070007-8.pdf">Sighting of Unidentified Flying Objects in Ladakh, Nepal, Sikkim and Bhutan</a>’, and the report is part of the recent online declassification of 800,000 top-secret documents from the period.&nbsp; &nbsp;Although unidentified flying objects (UFOs) have a connotation now of being alien craft, it could be pieces of satellite, missile, rocket or even aircraft. The CIA report documents six sightings in 1968 and quotes local sources as describing all of them having similar characteristics: bright blue or red streaks in the sky accompanied by loud sounds like lightning and thunder and objects falling to the ground. Aside from the metallic object that was found in Batlechaur, there were other items also found nearby in Tallakot, Tureypasal, Armalakot and Maidan. Whatever the object was, it seems to have disintegrated even before it hit the ground.&nbsp; The CIA report records the first sighting on 19 February 1968 in various parts of Sikkim and Olangchung Gola and Ghunsa in eastern Nepal. The light was said to be ‘long and thin’ and giving out ‘green and red light’. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb.png" data-media-id="editor_4" data-image-id="20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb" data-rendition-name="original" width="892" height="596" loading="lazy" alt="UFO over Pokhara "> </figure>  Two days later on 21 February, a soundless blue object was seen traveling fast across the sky above Thimphu in Bhutan. Then on 4 March there were multiple daytime sightings or white streaks in the sky at Chang La Pass, Fukche and Koyul in Ladakh. There were more sightings in Ladakh on the very day fragments fell near Pokhara on 25 March 1968.&nbsp; After the sightings in Pokhara, rumours started flying in Kathmandu that these were aliens trying to land on Earth, it could be Russian or Chinese spy planes or satellites, and some even say it as a sign from heaven that the end of the world was near. This was at the height of the Cold War. The Russians and Americans were testing their thermonuclear devices as well as intercontinental ballistic missile delivery systems. The Washington-Beijing rapprochement had not yet happened, and China was making quick progress testing atomic bombs. Within two years after its first atomic test, in 1966 China exploded its first hydrogen bomb at the Lop Nur site in Xinjiang, 3,000km to the north from Nepal. After neary six decades, what is still intriguing is that all the sightings within a few months of each other in 1968 were along the Himalayan arc bordering Tibet: from Bhutan, Sikkim Nepal, to Ladakh. The US military intelligence seems to have concluded that this was not a coincidence and there were frequent research trips to the site in Pokhara by American officials in the months after the incident. With the help of the Royal Nepal Army, the region north of Pokhara was thoroughly searched.&nbsp; A confidential memo dated 25 June 1968 by Jerry C Trippy to a ‘Mr Farley’ mentions that the US Air Force’s Foreign Technology Division had decided that the debris could be important because it may be related to a Chinese missile test or a Soviet ‘Vehicle Venik’ rocket.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe.jpg" data-media-id="editor_5" data-image-id="20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="UFO over Pokhara"> </figure>  On 28 August 1968 the US Embassy in Kathmandu sent a letter to Washington DC saying that the object could be of Soviet origin, possibly from when the rocket carrying the ‘Kosmos 208’ satellite re-entered the atmosphere. But why were the fragments falling to earth several weeks apart, and in the same region? No one knows where the metal sheet that Kul Timilsina recovered is now. It was definitely packed in a crate and taken to the US, and although it is rumoured that it was returned that is not very likely. Archivist Sunil Ulak heard from the Timilsina family that CIA officials had returned to the site five years ago. &nbsp; Interest in UFOs peaked in the US in the 1950s, with the Cold War space race and tests of atomic weapons and delivery rockets. CIA and scientists were being sent to investigate sightings, both publicly and privately. Could the Pokhara fragments as well as the sightings in Ladakh and Bhutan actually be alien craft falling to earth? The renewal in interest in space travel in large part due to Elon Musk’s SpaceX, UFOs and sightings are again subjects of public interest.&nbsp; Even 57 years later, even if there was definitive proof about whether the Batlechaur fragment was from a Chinese missile or a soviet rocket, it has not been made public in documents declassified so far. We may never know.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598.jpg" data-media-id="editor_6" data-image-id="20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598" data-rendition-name="original" width="642" height="320" loading="lazy" alt="UFO over Pokhara"> </figure>  Sunil Ulak speculates if the debris actually came from an American aircraft, perhaps on an intel mission upon China. “Which could explain why they were so thorough in collecting the fragments in Pokhara,” he says. But that still does not explain the multiple sightings weeks apart in 1968.&nbsp; Indeed, US military aircraft were at that time flying frequent night-time missions from air force bases in India to supply weapons to Khampa guerrilla camps in Nepal located north of Pokhara in Mustang. It could very well be that the Chinese shot down one such aircraft. The other sightings could have been contrails of US spy planes, or Chinese anti-aircraft missiles.&nbsp; There were quite a few developments regarding UFOs in 2024. In a US congressional hearing in July, former intelligence officer David Grusch claimed that the government had long been involved in a program to investigate and retrieve non-human craft crashes, and then try to reverse engineer them. However Grusch did not show any evidence.&nbsp; The UAP Disclosure Act of 2024 was signed into law by Joe Biden in December 2023. It plans to oversee the public disclosure of UFO information. However, there is a clause in it that prevents disclosure if it would cause threats to military defense, intelligence operations or foreign relations.&nbsp; It is unlikely that the declassified documents about sightings in the Himalayan will cause any real surprise about definite evidence of alien life even if it was found. It seems humanity will continue, at least for now, to wonder about curious lights in the sky and whether there is anybody out there.&nbsp;

UFO over Pokhara

When Rastriya Swatantra Party (RSP) president Rabi Lamichhane was arrested in October on charges of defrauding depositors of cooperatives, the party’s vice president Swarnim Wagle gifted him Fareed Zakaria’s book, Age of Revolutions.
Since then, Lamichhane has been shunted around from Kathmandu to Pokhara to Chitwan and back to Pokhara to attend police investigations and court proceedings. He was being flown to Birganj via Kathmandu on Buddha Air on Monday. There is another pending case in Janakpur.
Human rights groups and civil society have criticised the government for hounding Lamichhane with inhumane treatment that borders on physical torture. The two parties in the coalition, Nepali Congress (NC) and the UML, see Lamichhane’s RSP as a potentially formidable challenge to their power.
Even if the fraud charges against Lamichhane are true, the Nepali public is increasingly looking at the government’s actions through the police and courts as political vendetta.
Despite all the travelling, sometimes by plane and often by road at night, Lamichhane appears to be in high spirits, waving to supporters who often gather if they know he is going to be driven around. A social media video shows him giving high fives to fellow passengers on a recent flight to Pokhara.&nbsp;
In the past weeks, streets in Pokhara have erupted with parallel protests by Lamichhane’s supporters as well as depositors of cooperatives who lost their savings to the scam.&nbsp;
Although family visits are allowed, prison officials in Pokhara told Nepali Times that not many people visit Lamichhane these days. He added, “When he does get visitors, he asks them to bring him books.”
Lamichhane is currently Nepal’s most high-profile public figure in custody, and highlights the stark difference between how influential prisoners are treated compared to ordinary inmates.
There are six prison cells at Kaski District Police Office’s two-story detention centre, three on each floor. And while authorities pack prisoners into already overcrowded cells, Lamichhane has an entire room on the second floor to himself.&nbsp;
He has also been allowed to call his family every few days. Other prisoners are not permitted phone calls except for emergencies.
Meanwhile, Lamichhane’s former business partner Chhabilal Joshi, an ex-Deputy Inspector General of Police with whom he established his Gorkha Media Network, is in custody under the same charges in the prison cell next to him.
Lamichhane is accused of siphoning off depositors' money to the tv network in which he was part-owner and anchor. &nbsp;
Both Lamichhane and Joshi are able to buy food from the police canteen instead of being served the regular meal like other prisoners. Joshi has also given his statement to authorities in Rupandehi and Kathmandu for his alleged role in the scam. Lamichhane is yet to be presented in Kathmandu for questioning.
While he was in custody at the Kathmandu District Police Complex, Joshi expressed his desire to sleep in a police officer’s office, reportedly assuring authorities that he would not run away and he was entitled to certain facilities as a former officer of the law.
“He seemed to be under the impression that he is still a police officer,” says a source at the Kathmandu District Police. “We made it clear to him that as someone accused of a crime, he was not entitled to special treatment.”
Former ministers Balkrishna Khand and Top Bahadur Rayamajhi, and ex-home secretary Tek Narayan Pandey, who were arrested in connection with the fake refugee scam last year, were similarly housed in the offices of law enforcement officials instead of prison cells. Khand has since been released after six months in jail.
While there is no legal provision to keep high-ranking officials in separate detention centres when they are arrested, authorities granting them special facilities is not uncommon. Law enforcement officials say VIP detainees expect preferential treatment while in police custody.
Among those is former Kosi Province minister Lila Ballav Adhikari, who was arrested from Biratnagar on 10 November over his alleged involvement in human trafficking and brought to Kathmandu. Adhikari had flown to Japan without government approval with three individuals on 29 October to attend a cultural conference, but had been sent back to Nepal from Narita.&nbsp;
His three companions were arrested at Kathmandu airport upon their arrival, but Adhikari was able to exit unscathed from the VIP lounge. Adhikari had resigned as the Kosi Province Minister for Internal Affairs and Law when it became public that his companions had been taken into custody, and was himself arrested shortly after. He has since been cleared by the courts.
Throughout his detention, Adhikari was kept separately from other inmates. Senior Superintendent of Police (SSP) Basant Rajouri, head of the Bhadrakali complex, says that while there is no separate detention area for VIPs, some detainees are kept separately depending on the nature of their crime.
However, sources say that arrangements were made for retired judges and others to visit Adhikari frequently worked at the office of a Deputy Superintendent of Police (DSP) during his time in custody.&nbsp;
“He used to constantly pester the authorities to let him sit outside in the sun, and to be able to use the police officer’s shower area,” added an officer.
Adhikari was released on 25 November after the government prosecutor’s office decided not to charge him in a move that was seen to expose the government’s double standards.
Over at Kathmandu’s Dilli Bazar Prison, former Kist Bank CEO Kamal Gyawali emerges from his prison cell into the courtyard of the prison’s ‘Ka (क)’ block every morning with a thick book in his hands, ready to give his daily sermon.
With his long beard, Gyawali, who is serving a prison sentence for banking fraud, looks the part of a religious guru as he implores his rapt listeners to “walk the right path, abandon bad thoughts and turn to scripture and spirituality”.&nbsp;
Afterward, the attendees gather to discuss politics and current affairs. Inmates at his daily sermons at the prison include other high-profile detainees, including former MP Ichchha Raj Tamang, who is in jail for money laundering and cooperatives fraud, former joint secretary Chudamani Sharma, who was convicted of corruption, as well as NC leader Chandra Bahadur Lama and Krishna Bahadur Upreti of the UML both of whom are on trial for embezzling billions of rupees.
Victims of the cooperatives scam that former lawmaker Tamang was involved in have made trips to the prison and requested visits, but he has refused to meet with any of them.
“Tamang often complains that the state has prevented him from returning the money to the victims by locking him up,” says a police officer at the Dili Bazar jail.
“All you hear every day from the VIP prisoners is that they have been framed,” adds the officer. “No one admits that they were involved in misdeeds.”
But while most high-profile prisoners complain about prison conditions, one exception is former provincial lawmaker Deepak Manange, who is serving a sentence at Dilli Bazar Jail for attempted murder.
“He is the happiest prisoner here,” says a warden. “Unlike the others, he doesn’t claim to have been framed, in fact he doesn’t seem to care that he is in prison.”
Manange is detained in the ‘Kha (ख)’ block of the prison complex, which he renovated at his own expense. The block previously housed female prisoners, but Manange used his influence to transfer them elsewhere. He faces no shortage of visitors, who range from political leaders to people from the underworld.
Along with Manange, other well-known prisoners in this block include Nepal Telecom Managing Director Sunil Poudel, and former executive director of the Surakshan Printing Centre Bikal Poudel, who are serving time for corruption.
Former prisoners at Dilli Bazar prison include ex-ministers Khum Bahadur Khadka and Shyam Sundar Gupta, NC leader Ganesh Lama, Maoist MP Balkrishna Dhungel, Nagarik Unmukti Party leader Resham Chaudhary, as well as former IGs Ramesh Chand Thakuri, Om Bikram Rana, and Hem Bahadur Gurung.
Section 54 of Nepal’s Prison Act assigns each prison’s internal administration the
responsibility of governing its prisoners, which means the more favourable the jail management is, the more comfortable it is for prisoners.
Dilli Bazar prison has been the prison of choice for many high-ranking prisoners, especially those convicted of white collar crimes, due to its more accommodating administrators. The prison, which has the capacity to house 700 inmates, is also less crowded than other jails.
Anuj Bhattarai, spokesperson of the Department of Prison Management, says that there is no legal classification in Nepal for felons to be assigned prisons based on the nature of their crimes.
“That Dilli Bazar Jail has a higher number of prisoners convicted of crimes like corruption is most likely a coincidence,” says Bhattarai. “There is no provision for influential people to be able to choose where they will be incarcerated.”&nbsp;
Translated by Shristi Karki from the Nepali original published in himalkhabar.com

What Nepal’s VIP prisoners do in jail

If you were raised in Nepal, you must have picked up its unique set of vocabulary: आन्दोलन, चक्का जाम, बन्द, राँके जुलुस, आफ्नो मान्छे, हाम्रो दल, कर्फु and many more words connoting political protest.
We became familiar with the acrid smell of burning tyres, and eyes smarting from tear gas. And yet, everyone speaks of another revolution in the making. Not by desire, but by suffocation.
We heard speeches about नयाँ नेपाल, but the New Nepal never arrived. The governance system changed, but it did not reflect on people’s lives — except for those close to centres of power. The state is still unreachable and is not bothered about <a href="https://nepalitimes.com/here-now/matter-of-life-and-debt">victims of loan sharks</a>, cooperative scams and other injustices.
Politicians continue to speak in sound bites, but fail to deliver. They have mastered the game of pointing fingers towards an external enemy and convincing people that they are never at fault. The political narrative is so disconnected from the actual analysis of the problem that suffocation doesn’t go away after every revolution.
No genuine effort has been made to deliver at all, which is why there is a palpable sense of disillusionment in the air forcing us to seek another revolution, even if Nepal may not be able to afford it.
How has the current system successfully held power, even if the public is deeply frustrated? How is it that for three decades we continue to be led by the same faces, who have time and again, proved to us that they may be great politicians but not national leaders?
<a href="https://nepalitimes.com/opinion/improving-internet-governance-in-nepal">My experience at the epicentre of politics</a> has led me to identify three cultures that have enabled political parties to keep a tight hold on power: acceptance, silence and dependency.
We accept things the way they are. We use fatalistic phrases like “नेपालमा यस्तै हो” or “नेपालको कानुन दैब जानुन”. While this resilience enables us to rise back up from devastating calamities, it is also a reason for our compliance with the status quo.
Despite so many ‘revolutions’ that have led to significant reforms, these phrases keep getting reinforced, to the point that the upcoming generations have made it their lingo.&nbsp;
This acceptance is not a symbol of law-abiding citizens, but citizens living in fear of those in power, unable to ask the whys and why-nots.
Innovation suffocates in this culture of acceptance of the status quo. This is manifested in remarks like “but we don’t have any laws for this,” or “we don’t have the capacity to implement this”. An innovator or entrepreneur therefore has to spend that energy to become a political lobbyist, often educating and convincing the bureaucracy.&nbsp;
Remember when locally assembled <a href="https://nepalitimes.com/banner/designed-and-made-in-nepal">Yatri motorbikes</a>, despite having willing customers, had to suffer to secure license numbers because of a lack of regulations? Instead of creating new laws, the government kept chanting the “We will promote Nepal-made goods” mantra, leaving entrepreneurs in a labyrinth of bureaucracy. The weight of acceptance of the law lies heavily on innovators. Fatalism is a tactic used by those in power to generate mass fear in society.
When we accept, we become silent. This is a pervasive phenomenon. We are trained to keep quiet, lest we ruffle feathers, burn bridges, or not get the help we need in future. We know, yet we don’t speak.
Read also: <a href="https://nepalitimes.com/here-now/bureaucratic-hurdles-in-researching-nepals-bureaucracy">Bureaucratic hurdles in researching Nepal's bureaucracy</a>, Daniel W Edwards
Here is one example: the 2021 census shows that the number of baby boys born for every 100 baby girls is 112. This is a clear indication of female foeticide because of boy preference in society.
Despite such horrifying realities, there is finger-pointing within the government between the Ministry of Health and Population with the Ministry of Home Affairs. At the citizen level, we know those who are involved in killing girls. Yet, we don’t speak up. The Nepal Medical Council reports state that despite this gender imbalance at birth, there is no indication of any action.
But why would anyone speak against one's own fraternity, no matter how vile the act is?
When we accept and keep quiet, we become dependent on those who yield power. From getting our government procedure completed on time to getting transfers, to accessing any of our legally protected rights as well, we are forced to depend on our networks of चिनेको मान्छे people we know by blood, village, relations, political affiliation.
The culture of dependency has been the established way in Nepal. If you drive a two-wheeler or four-wheeler, and you get into a small accident, you will be asked to sort it yourself, dialing up the most powerful person you know. It becomes a competition of who knows who.
Recently I was told that there were calls from the Ministry of Health and Population and another from the Prime Minister's Office for just one medical position in a private hospital. Each was pushing its own candidate. Guess which candidate got the position.&nbsp;
The dependency of people is not on the laws or the state, it is with people in power, a reliance on the network of somebody who knows somebody, including those not officially in power.
These cultures are deeply ingrained in our heads, and in society. Collectively they form a vicious circle that helps those in power to retain power. This is not the society we want to live in.
Then, what do we do as a collective to break away from this? How do we break away from the cultures of acceptance and silence that have created this dependency? What can we do to ensure that our children do not have to learn the jargon of आन्दोलन before they learn about the state?
These are the cultures political parties need to shed rather than use them to perpetuate their power. This is what <a href="https://nepalitimes.com/opinion/comment/an-alternative-to-alternative-politics-in-nepal">alternative politics</a> needs to be about.
Sumana Shrestha is a member of Parliament’s Education, Health and Information Technology parliamentary committee and represents the Rastriya Swatantara Party.