<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131156/63723b799c7e80680e0c95c1jpeg.jpg" alt="" width="4096" height="2353"/><figcaption>Photo: MONIKA DEUPALA</figcaption></figure>The Ass has been reminded that this paper takes a break over Dasain, and we skip one issue next week. Yay! Also, there is a full page nude on the back page. Double Yay! But the editor tells me I still have to submit my weekly column. Nay!It is therefore incumbent upon yours truly to circulate this strong internal memo against the media typhoon who owns this paper who sold his soul to Mammon, sacrificing the donkey’s designated Backside place and squeezing the Ass into this obscure inside section.I will therefore not beat around the burning bush indulging in frivolous chitchat, supposedly witty repartees, idle banter, lame puns, below the belt innuendos about the Prime Minister, ridiculing the President’s taste in upholstery from the Ministry of Interior Decoration, or muttering allegedly hilarious asides about the posterior body parts of some prominent members of the Council of Ministers.No, today we shall tackle deadly serious national issues so that we can roll our loins and gird up our sleeves to ensure that Fedex Elections are held as scheduled in November. We should doubly redouble our efforts to protect the Constitution (the world’s best, in fact) that ensures politicians of all hues and cries have equal rights in our democracy to pillage and plunder.We now break our usual programming for this important grabberment announcement:Hear ye, her ye! It is hereby notified to all concerned that this year’s Dasain festival has been postponed until further notice because of the need for belt-tightening during these tumultuous times.All concerned should watch this space for new Dasain dates, but it will most probably be next April, when it will be held in conjunction with New Year 2080 in order to reduce Nepal’s petroleum import bill and the country’s carbon footprint.There will also be a moratorium on mountain goat imports from Tibet till next April because of our balance of trade deficit with China. Water buffalos have also been included in the list of ‘luxury items’ together with iPhone 14s, Old Monk Rum, and Odomos mosquito repellent creams, that are currently restricted for import to save Indian currency reserves from further depletion.Mountain goats and buffaloes will therefore be allowed to carry on with their daily lives until such time as they may again be required to be decapitated in the epic struggle of good against evil next April. For further information, contact the Dept of Humanitarian Sacrifices.Despite austerity, MPs in the prorogued Parliament who knew their days were numbered voted themselves fat Dasain bonuses. Former Chief Justices, Ministers, and Reps in the August House had till end-August to award themselves posthumous pensions so they can keep on enjoying legislative perks, and official cars in their afterlife.As you may have heard, Prime Minister Dubya has decided to give election tickets to Baddie candidates recommended by Comrade Awesome rather than to dissidents within his own party who could challenge The Foremost Lady in future. These tickets are so sought after that they are being sold in the black market, or so I am told.

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Dasain is postponed

<figure><img width="3600" height="2400" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131144/637238b99c7e80680e0c73a0jpeg.jpg" alt=""/><figcaption>Prime Minister Sher Bahadur Deuba and President Bidya Devi Bhandari join Constitution Day celebrations at Tundikhel on Monday. Photos: RATNA SHRESTHA/RSS</figcaption></figure>Monday 19 September marks the seventh anniversary of the promulgation of the Constitution, and it comes just two days after the first Parliament elected under that federal system was dissolved to pave the way for elections in November.This is a good time to take stock of those five years of Parliament and seven years of the Constitution. Spoiler alert: the report cards on both are not good.The 2015 Constitution was finally finalised after two elections to Constituent Assemblies, and was itself an outcome of the armed struggle waged by the Maoist party from 1996-2006. The very fact that 17,000 Nepalis were killed for the monarchy to be abolished should have made the new secular, federal, democratic republic worth dying for. Alas, the past seven years have proven otherwise.Read also: <a href="https://www.nepalitimes.com/editorial/affirmative-inaction/">Affirmative inaction</a>, EditorialThe Constitution was fast-tracked after the 2015 earthquake because the Nepali Congress-led coalition government was AWOL. To make up, it hurriedly passed the Constitution despite demands for greater autonomy from Madhesi and other groups. There was violence in the Tarai, and then New Delhi expressed its displeasure by punishing quake-ravaged Nepal by enforcing a border blockade for six months.A Constitution is a rulebook for governance, and is by definition work in progress. It needs to be tweaked to respond to changing aspirations and mores of the citizenry. But the past seven years have shown that the ones who made the rules think they were made to be bent and broken. Following the rule in Nepal is an exception, rather than the rule. It is the rule of the lawless.The first elections under the new Constitution were held in 2017 for all three tiers of government. There were some progressive provisions that mandated greater participation of women, the excluded and indigenous groups. Citizens had a chance to elect mayors, chairs and councilors to local governments with inclusive representation. Read also: <a href="https://www.nepalitimes.com/here-now/all-politics-is-local/">All politics is local</a>, Sahina Shrestha <img width="1000" height="583" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131144/637238be9c7e80680e0c73a1jpeg.jpg" alt="">The electoral alliance of the UML and the Maoists swept that election, and the two parties united in 2018 to form the Nepal Communist Party (NCP). There was hope at last that with its strong majority in Parliament and an egalitarian agenda (at least in theory) the Communists would work for the welfare of the people.It took barely a year for those hopes to be dashed. The NCP’s two leaders, K P Oli of the UML and Pushpa Kamal Dahal of the Maoists, had a secret arrangement to take turns at prime ministership, but after Oli survived a second kidney transplant, it seems the deal fell through. The power struggle between these two alpha males ultimately brought down the government, and led to the NCP splitting into the UML and Maoist Centre again.Oli tried twice to dissolve Parliament in violation of Constitutional provisions, and was struck down both times by the Supreme Court under Chief Justice Cholendra SJB Rana. It is a supreme irony that even as the country marks Constitution Day, the country’s Chief Justice is under semi-house arrest for what appears to be political vendetta. Rana was prevented from going to his office this week after the dissolution of the Parliament that was debating an impeachment motion against him. Rana was not known for unblemished integrity, but had disallowed unlawful dissolution of Parliament. In the end, his staunchest defender has turned out to be the very K P Oli whose government was ousted by Rana’s Supreme Court verdict last year.Read also: <a href="https://www.nepalitimes.com/editorial/reward-performance/">Reward performance</a>, EditorialNone of this is surprising. The practice of distributing appointments among short-term allies (bhag-banda) has been the curse of Nepali politics for decades. In 2017, Oli and Dahal divided up between themselves appointments of the office of President, House Speaker, Chief Justice, other constitutional bodies, chief ministers, and even ambassadorships. The division of the spoils got even more extreme since the present coalition came to power since all five members had to be appeased. Neither Parliament nor the Constitution could meet the people’s expectations for better governance, equity and justice because both were held hostage by inter- and intra-party feuds. Their power struggles have been played out in Parliament, where protagonists have blatantly violated the Constitution to gain the upper hand. Ordinances were weaponised as ordnances. Nepal’s federal Constitution was supposed to devolve power to local bodies, they have instead let lack of accountability trickle down to the grassroots. It was meant to decentralise decision-making, but decentralised corruption instead.The November elections offer hope to change all this. It is now up to the people to oust the six elderly gentlemen men who have monopolised, misruled and abused power for decades and bring in a new crop of representatives who understand what the Constitution stands for.Read also: <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/">Political expediency trumps Nepal Constitution</a>, Santa Gaha Magar

Rule of the lawless

<figure><img width="1400" height="1051" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410118/637205959c7e80680e0b28c5jpeg.jpg" alt=""/><figcaption>Photo: BIKRAM RAI/NEPALI TIMES</figcaption></figure>When the second wave hit Nepal in May 2021, <a href="https://www.nepalitimes.com/here-now/helping-nepalis-breathe-again/" target="_blank" rel="noopener noreferrer">city hospitals ran out of ICU beds and oxygen</a>, and politicians in Kathmandu appeared helpless, local governments across Nepal sprang into action.In Helambu, village chair <a href="https://www.nepalitimes.com/latest/rural-nepal-fights-back-covid-19/" target="_blank" rel="noopener noreferrer">Nima Galgen Sherpa</a> set up action teams in each ward to go house-to-house looking for people with symptoms. They were tested on the spot and told to isolate or quarantine. This strategy did not burden overwhelmed hospitals, and helped contain the contagion. Chair Laxmi Pandey and vice-chair Kopila Malla of <a href="https://www.nepalitimes.com/latest/women-leaders-set-example-for-rest-of-nepal/" target="_blank" rel="noopener noreferrer">Hupsekot of Nawalparasi district</a> worked together to trace, test, and treat Covid-19. Ever since they were elected in 2017, these two women leaders, despite belonging to different political parties, have set a new benchmark for education, agriculture and nature conservation in rural Nepal. Dhawal Shumsher Rana was r<a href="https://www.nepalitimes.com/here-now/rana-regime-restored-in-nepalganj/" target="_blank" rel="noopener noreferrer">e-elected mayor of Nepalganj</a> in 2017, and built on a solid track record of good governance and transparency to upgrade urban infrastructure, and improve service delivery in his border city.All these local government leaders have one thing in common: serving their constituents. That is what politics is all about, not the <a href="https://www.nepalitimes.com/here-now/nepal-ruling-party-feud-affecting-covid-19-response/" target="_blank" rel="noopener noreferrer">mad scramble for power in Kathmandu</a> that has held Nepal back for decades. The mayors and their deputies may be from different parties, but that almost does not seem to matter since the needs of their constituents are the same.Even as national-level politicians in Kathmandu <a href="https://www.nepalitimes.com/editorial/polls-in-the-time-of-pandemic/" target="_blank" rel="noopener noreferrer">dither about local election dates</a>, these grassroots leaders have shown in just five years what is possible when the people they serve are put first.To be sure, not all local leaders have been honest and accountable. A survey in this paper in 2018 showed that more than <a href="https://archive.nepalitimes.com/article/from-nepali-press/Elected-contractors,4182" target="_blank" rel="noopener noreferrer">one-third of elected mayors were contractors</a>. They went on to take corruption to new heights, as illustrated in our investigation of illegal sand-mining in the Tarai.Putting aside these bad apples, there are plenty of examples of responsive and responsible local governments who have now served five years. <a href="https://www.nepalitimes.com/latest/nepal-coalition-dilly-dallying-on-polls/" target="_blank" rel="noopener noreferrer">Local elections cannot be postponed</a> just because some national leaders think they will lose. Prime Minister Sher Bahadur Deuba must over-ride opposition from two of his coalition partners, follow the Constitution and safeguard the gains of the past five years.Srijana Tamang is vice-chair of Jugal Rural Municipality, and together with other local leaders we profile in this edition she best understands what the needs of her people are.“They know where we live, they have our number, it is easy for people to tell us about their needs. They can come to our homes and complain about the work we are doing or encourage us to do better,” Tamang told us.Local government elections were the first to be held after Nepal moved to <a href="https://www.nepalitimes.com/editorial/volatile-mix-of-politics-and-religion/" target="_blank" rel="noopener noreferrer">federalism</a> following the 2015 Constitution, so it was up to elected representatives to institutionalise it. It became a learning platform for the other two governments in the exercise of federalism and democracy.There were also many good practices that came with the 2017 local elections. For one, it was significant in advancing <a href="https://archive.nepalitimes.com/article/nation/including-the-excluded-women-dalit-women-in-local-elections,3742" target="_blank" rel="noopener noreferrer">female representation</a> in the political sphere of Nepal, and helped bring minorities forward in local governments. Each local tier of government could also function on its own, making policies and taking action to answer the needs of their constituencies.As per Nepal’s Local Election Act 2017, voting for all 753 local units must be held by 19 March. The EC has proposed 27 April and 5 May dates. Leaders of the Maoist Centre and Unified Socialists are so wary of faring badly in local polls, that they want to use a loophole in the law to have it postponed. But all the local leaders Nepali Times spoke to this week spoke with one voice: local elections should be held as scheduled. Local government elections are a mechanism that allows Nepalis to vote for the leaders they want: keep the ones who have done good work, replace those who have not lived up to expectations. Or, maybe experiment with a new face altogether. <a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/dance-of-democracy/" target="_blank" rel="noopener noreferrer">Pushing back the dates or aborting local elections</a> will be a disservice to Nepalis, undermine the democratic values the nation stands on, and push back development.Arjun Mabuhang, Chair of Laligurans Municipality in Tehrathum sums it up: “It is written in the Constitution that local elections have to be held on time. Choosing their local representatives is the people’s right. Whether they want to keep us or replace us is up to them. The national parties in government should respect that.”Sahina Shrestha

Sahina Shrestha

Think nationally, vote locally

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02849c7e80680e0a3685jpeg.jpg" alt="" width="2048" height="1364"/><figcaption>President Bidya Devi Bhandari and Prime Minister Sher Bahadur Deuba attend Constitution day celebration at the army pavilion on Tundikhel on Sunday. Photos: RSS</figcaption></figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02889c7e80680e0a3686jpeg.jpg" alt="" width="640" height="426"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d028b9c7e80680e0a3687jpeg.jpg" alt="" width="640" height="426">Nepal’s new federal constitution was promulgated in 2015, but even six years later it is a contested document. While President Bidya Devi Bhandari, Prime Minister Sher Bahadur Deuba were attending a regimented celebration at the army pavilion on Tundikhel, demonstrators nearby were getting ready to march to Parliament to protest the document.The anniversary of the Constitution on 19 September also this year coincided with the start of the Indra Jatra festival, which was much better attended and had more public attendance than the events both for and against the Constitution.After they watched an Army Parade and helicopter flyby, President Bhandari and Prime Minister Deuba went over to Hanuman Dhoka to observe Nepal’s Living Goddess Kumari being pulled in a chariot in front of the Gaddi Baithak.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d028e9c7e80680e0a3688jpeg.jpg" alt="" width="640" height="427"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02909c7e80680e0a3689jpeg.jpg" alt="" width="640" height="427">Nepal's Constitution day this year coincided with Kathmandu's Indra Jatra festival, which was much better attended than the events both for and against the Constitution. Photos: AMIT MACHAMASICritics of the Constitution say that it is not an inclusive document, treats women and minorities as second-class citizens, and guarantees social justice and human rights only on paper. The Constitution Amendment March was organised by civil society activists calling themselves the ‘Brihat Nagarik Andolan’ (People’s Movement).‘The 'Constitution Amendment March' with the excluded and maginalised communities including Madhesi, Tharu, Janajati, Dalit, minorities, Muslim and landless squatters who consider the constitution incomplete will head to the parliament on Sunday 2PM.”<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02949c7e80680e0a368ajpeg.jpg" alt="" width="800" height="533"><figcaption>Writer and activist Narayan Wagle was part of the 'Brihat Nagarik Andolan' protest demanding the amendment to the Constitution on Sunday.</figcaption></figure>Nepal’s Constituent Assembly adopted the new constitution in 2015 after deliberating on it for seven years, even as the draft was contested by some sections of the society, most notably the politicians from the Tarai, leading to the unrest in the southern plains. This was the precursor for the five months long blockade imposed by India.For the past six years, Madhes-based­ parties have been up in arms about the new constitution. This year, the Janata Samajbadi Party (JSP) decided not to take part in the Constitution Day celebrations and the newly-formed Democratic Socialist Party led by Mahanth Thakur marked the day as a black day.‘The Maoist insurgency, the Madhes Movement, the Tharu Rebellion, and struggles of women, indigenous people, Dalits, Muslims delivered Nepal its democratic, secular, federal republic that constitutionally guaranteed inclusion, but it is well known that the state has created obstacles to attain those objectives at every step,’ read a statement by the rally organisers.It went on: ‘The actions of the political parties and main pillars of the state since the Constitution was promulgated prove the necessity of continued vigilance and struggle to protect and institutionalise the gains.’<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02979c7e80680e0a368bjpeg.jpg" alt="" width="800" height="533"><figcaption>People with a placard that calls Constitution Day as as the black day.</figcaption></figure>Nepal’s Constituent Assembly had to be elected twice in 2008 and 2013 to finally adopt the new constitution in 2015 after deliberating on it for seven years, even as the draft was contested by some sections of the society, most notably the politicians from the Tarai, leading to unrest in the southern plains. This precipitated the five month long border blockade by India.For the past six years, Madhes-based parties have been up in arms about the new Constitution, and have been agitating for greater representation and autonomy. This year, the Janata Samajbadi Party (JSP) which is part of the ruling coalition decided not to take part in the Constitution Day celebrations and the newly-formed Democratic Socialist Party led by Mahanth Thakur marked the day as a ‘black day’.Meanwhile, more than two months after he became prime minister, Deuba has still not been able to form a complete Cabinet as haggling goes on over division of ministerial portfolios. Internal divisions within parties and between them have threatened to split the coalition even before it can form a full government.

Nepal’s contentious Constitution Day

<figure><img width="1262" height="842" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181152/636be8f89c7e80680e087895jpeg.jpg" alt=""/><figcaption>Locals across Nepal continue to stage protests against the dissolution of the Lower House. Photo: BIKRAM RAI</figcaption></figure>As feared, Prime Minister KP Oli’s brinkmanship has led the country to the edge of the cliff. <a href="https://www.nepalitimes.com/latest/over-the-edge-again/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/over-the-edge-again/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNGvc_vPKyMERCCkcvPlHqGo4-6s-A">This cartoon in Nepali Times last week</a> was prescient.
The coming days will show whether we as a nation go over, or take a step back. While the role of the Prime Minister to bring matters to the point of <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNHf8xYtAvY2MUJxw7K3man_jaZl0Q">dissolving the House</a> is obvious, it is also important to recognise the cast of characters who pushed him to the rim of the precipice.
Nepal has not had a prime minister serve a full term since the end of the Rana regime in 1950. The continuity of the Head of Government in office itself was bound to have provided political stability and economic stimulus. That was the hope after the 2017 elections.
The three years of the prime minister’s rule have seen several little-appreciated advances such as the handling of a secessionist group in the Tarai and improvements in Nepal’s international image after years of isolation. But on the whole, the public has not felt the tangible benefits of a government under the new Constitution.
K P Oli had a second kidney transplant in May, and the past ten months have been overtaken by the Covid-19 crisis, but there is little doubt that it is his style of leadership that has <a href="https://www.nepalitimes.com/latest/at-midpoint-nepal-pm-struggles-to-deliver/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/at-midpoint-nepal-pm-struggles-to-deliver/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNEbdn5UXoFg9CaqaQPcg8k_CZR30w">undermined the government’s performance.</a>
Oli turned the Prime Minister’s Office into a parallel power centre to Singha Darbar. Decision-making was so centralised in Oli, and there was so much micro-management, that ministers did not feel empowered. For his part, the prime minister seemed to revel in being the fulcrum of the state mechanism.
Oli also failed in cultivating friendships, acted imperious and allowed animosities to fester. Most inexplicable has been his deliberate sidelining of Madhav Kumar Nepal, which has made the latter go in to a most unnatural embrace of Pushpa Kamal Dahal and his Maoist legacy.
The train of events that made the prime minister <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNHf8xYtAvY2MUJxw7K3man_jaZl0Q">violate the Constitution</a> has to do with his <a href="https://www.nepalitimes.com/banner/the-seat-of-power/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/the-seat-of-power/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNG2CQ3fwGVwG2sNN6L63HufauVNzg">inability to ‘manage’ Dahal</a>. Oli’s plan three years ago was to manage a massive victory for his UML-Maoist electoral alliance, while at the same time enmeshing Dahal into the new Constitution.
Dahal bided his time because the Constitution did not allow a no-confidence motion for two years after government formation. However, even before that time restriction was over, Dahal made common cause with the top-line ex-UML leadership, who had not got over Oli’s sweeping victory at the party General Convention six years ago.
Dahal also deftly placed his Maoist comrade Agni Sapkota as Speaker, despite him carrying the conflict-era murder case of Arjun Bahadur Lama that is being investigated by the police under a Supreme Court order.
When it became possible to oust the sitting prime minister, Dahal became increasingly aggressive, supported by former prime ministers, Nepal and Jhalnath Khanal, both of whom were blistering in their criticism of the prime minister. Dahal sat back and let the two do the talking.
Ever since the <a href="https://www.nepalitimes.com/latest/using-the-delay-in-mcc-to-dissect-it/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/using-the-delay-in-mcc-to-dissect-it/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNFiuysG83l7Zr_lmt7MR1pqm31sOw">Millennium Challenge Compact</a> was not presented before Parliament by the Speaker, despite his duty to do so, Oli came to believe that Dahal wanted him to fail. Just as President Bidya Devi Bhandari is being described as doing Oli’s bidding, Sapkota was following Dahal’s orders in the Speaker’s chair.
For the past year, Dahal has made common cause with disgruntled heavyweights in the CPN Secretariat, trying to create conditions for Oli’s ouster. Whereas the proper way to do so would have been through a vote in the Parliamentary Party of the CPN, there was an attempt to project him as weakened and lacking in legitimacy through constant prodding by the Secretariat.
In essence, this boiled down to a Maoist/Leninist control of the Government by the Party, against which the Prime Minister became increasingly angry and rigid.
This opportunity arrived when the <a href="https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNGw5l5hVPTmF4gI1VVT25e2d1gCOA">Constitutional Council met last week</a> to take decision on dozens of appointments that were pending for the CIAA to the NHRC and the various other commissions. When the Speaker stayed away, acting on Dahal’s order, the prime minister’s patience ran out.
Oli clearly feels that Dahal will endanger the polity, and does not want him to take over the government under the new Constitution without showing contrition for the conflict. He also sees himself as the rightfully elected party Chair, and believes Nepal should be willing to wait for the upcoming General Convention to succeed him.
This is where the matters came to a head. On the one hand, lack of effective governance meant that Oli did not have a buffer of public support, and he has been further burdened by an implacably hostile press. On the other hand, Nepal and Dahal wanted to be party Chair and prime minister right away.
As the divisions within the NCP got more and more intractable, everyone who supported political stability had hoped that it was <a href="https://www.nepalitimes.com/latest/nepals-communists-on-verge-of-split-again/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepals-communists-on-verge-of-split-again/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNHRx6mLxRHmorT2F34DGxF1w7TEAg">prospect of a party split</a> that would make the three main actors – Oli, Dahal and Nepal – backtrack at the last moment. This did not happen.
It is incongruous that it was not the opposition in Parliament but the NCP’s own members who prepared to bring a no-confidence motion against their own party’s prime minister. Getting wind of this on Sunday morning, the prime minister <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNHf8xYtAvY2MUJxw7K3man_jaZl0Q">recommended dissolution of the Lower House</a>, and President Bhandari (who tends to see things in the same light as the Prime Minister) <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNH5jUW68GUQH0H2Jc7uGeMHmm_6Ig">promptly provided the stamp of approval.</a>
Prime Minister Oli overstepped the Constitution in calling for a disbandment of the House. The statute states that dissolution is only allowed if the House is not able to elect a prime minister.
Oli’s position defence is that as a prime minister with two-thirds majority, not being able to form a government ipso facto proves the point that none of the other options available through the Constitution can work, hence the dissolution.
The prime minister went one step further to appoint members to constitutional bodies, in particular to the corruption watchdog (CIAA) which Dahal would regard as being specifically targeted at himself because of allegations of his misuse of cantonment funds during the peace process.
Today, the political relationship between those who worked together to bring the new Constitution is in tatters. Important matters of state and the people’s welfare during a pandemic are in limbo. Transitional justice is stuck.
A prime minister who espouses multiparty democracy is on the back foot, while a former Maoist chieftain who proposes party control of government and an executive presidency, is coming strong.
The street protests that have flared should not go out of hand, and the Judiciary as the institution of last recourse should not be sullied by the current fist-fight in the ruling party as it deliberates on the dissolution.
Significantly, the Chief Justice has been a member of the Constitutional Council meeting that made the 45 appointments under the prime minister’s controversial ordinance.
Prime Minister Oli has failed in being a sagacious leader, and he has not been able to rein in Dahal’s nervous ambition. But he has recommended elections in April-May next year, which could not be the action of an autocrat-in-making as his critics would have it.
What has been done to the Constitution has been done, and there seems to be no clean way out of the quagmire other than through the elections that has been called.
In fact, if one were to try and peer through Kathmandu’s murky smog, the new election would be an opportunity for the Nepali Congress, the RSP, the ‘alternative’ Sajha-Bibeksheel party, to move with strength into Parliament, and capitalise on the NCP’s disarray.
When the dust settles over the next few days, one hopes it will be possible to plan for a free, fair and peaceful elections in 2021.

Step back from the brink

Story of Nepali history

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101148/636b779c9c7e80680e064647jpeg.jpg" alt="" width="1000" height="1083"/><figcaption>Illustration: SUBHAS RAI</figcaption></figure>When the Nepali Times was preparing to launch two decades ago, many Nepalis were sad, frightened and looking for ways to leave areas affected by armed conflict, and then Nepal altogether.A few decided that the future would depend on what we did and how effectively we did it. Twenty years later, Nepal is at peace with numerous challenges, but at least it is at peace.Nepal went from <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/11/20/no-peace-dividend/" target="_blank" rel="noopener">war to peace</a> and from <a href="http://archive.nepalitimes.com/news.php?id=14803" target="_blank" rel="noopener">monarchy to republic</a>, it inducted some of the guerrillas into the national army, it held elections at all three levels of government under a new federal constitution, and the ruling party promises citizens stability and a better quality of life. The earthquake, the Indian blockade, endemic corruption and a lack of trust in government, businesses houses and political parties have slowed things down.Throughout these last 20 years, the Nepali Times team had a ringside seat to history being made. It worked hard and worked smart and issue after issue, it kept the hopes and aspirations of Nepal as high as it could with facts, data, images, animation, analysis and, yes, even humour. The colourful and elegantly designed pages of the Nepali Times became conversation pieces every Friday, raising public consciousness about critical issues and allowing people to form communities and organise for action.Read also: <a href="https://www.nepalitimes.com/?p=41591&amp;preview_nonce=f9ef547137&amp;preview=true" target="_blank" rel="noopener">1,000 weeks of Nepali Times</a>, Mark TurinThe paper became a catalyst, and provided a medium for small and big actions around health, environment, the economy, gender and justice. Confused by day-to-day politics, many of us readers looked forward week after week to stay informed and to make personal and collective decisions based on what the Nepali Times covered, analysed and projected.But even while the Nepali Times marks this 1000th issue, the future of free press and the financial viability of publications cannot and should not be taken for granted. People in power have tried to manipulate or control the media to consolidate power and personal wealth. Media outlets that do not fall in line are under attack. The legacy media, already under financial strain because of the internet, is also facing pressure from the government. This newspaper has been made to suffer for its independence. It has been attacked by both the extreme left and the extreme right in the past 20 years.Read also: <a href="https://www.nepalitimes.com/opinion/back-to-the-future-in-nepal/" target="_blank" rel="noopener">Back to the future in Nepal</a>, Anil ChitrakarThese thousand issues of the Nepali Times are fully archived, and a site search of any subject will show that this archive provides a valuable window on Nepal’s recent history. Future generations of historians will find a handy narrative of how Nepal made its great transition. And perhaps a book summarising the times of Nepali Times would ensure that history is not written by the winners.As regular writers for the Nepali Times, we crave ‘shelf life’, which these archives give us. And this means remembering not to forget what we lived through in the past 20 years, so that we do not repeat the fearful times of conflict, the royal massacre, the communal riots of 2004, or the abuse of human rights in the name of revolution that has left deep scars in Nepali society.Read also: <a href="https://archive.nepalitimes.com/regular-columns/half-full/nepal-between-two-tomcats,1084" target="_blank" rel="noopener">The great leap</a>, Anil ChitrakarThe earthquake united the Nepali people unlike the politics that divided us. Disasters seem to bring out the best in us, and politics the worst. In the next two decades Nepal will reap what it has sown in the past.The unresolved issues in the Constitution and the challenges related to identity politics, correcting historical wrongs, growing pollution in the Kathmandu valley, corruption and fraud are what we will now be grappling with. To stay tuned, read the Nepali Times.Anil Chitrakar is President of Siddharthinc and writes this forthnightly column ‘½ Full’ for the Nepali Times.

Anil Chitrakar

Nepal’s history foretold

<img width="1050" height="751" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676c9c7e80680e0599d8jpeg.jpg" alt=""/>On 11 December, the Prime Minister and Cabinet's office tabled the 'bill to amend and integrate laws relating to the constitution and operation of Nepal special service' in the parliament secretariat.Prakash Panta, member of the National Assembly from the opposition Nepali Congress has requested the parliament to take the Special Service Bill (SSB) back. With allegations that the bill restricts the fundamental rights of citizens, there is concern that provisions of SSB will violate citizens’ fundamental right to privacy.NC parliamentarian Radheshyam Adhikari says this is a direct threat to  citizens' fundamental rights like privacy and freedom. "This bill shows that the government is against democracy and an open society, and does not believe in transparency and accountability. It will allow the government to snoop on anyone it does not like, and use the information to threaten or blackmail them.”Read also: <a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener">Censuring Censorship</a>, Editorial The SSB will allow the National Investigation Bureau (NIB) to collect any information on anyone without a warrant. The Act's Section 10, subsection 6 states: ‘In the course of information collection or counterintelligence, the Bureau can monitor, intercept, or record the conversations of people or organisations under suspicion or monitoring, made in public, or through any other audio visual or electronic medium.’The Bill also defines interception as the act of monitoring communication channels and gathering data. Though the Bureau has in the past spied on individuals, it is not authorised by law to do so. Now, the bill gives it the right.The Bill makes it compulsory for people to give up any information an  investigation officer requires, and if they refuse the investigators can acquire the information by spying on them if necessary.Read also: <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">Nepal has press freedom, but no freedom after press, </a>Shashank GautamCritics say this has created the fear of misuse and breach of privacy in the name of investigation. It could also lead to leakage of information and violate fundamental freedom in direct contravention of the constitution.Article 8 of the Constitution states that information regarding a person’s residence, property, documents, statistics, correspondence, or character, cannot be violated unless otherwise required by law.Former Chief Justice Kalyan Shrestha says the bill increases the chance of misuse of power. "There should be clear provisions about where the right to privacy can be breached with monitoring and where it cannot. And there should also be provisions for legal redress if someone's privacy is breached when the government uses this right," he says.Read also: <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai Constitution expert Bipin Adhikari goes further, stressing that the law will endanger the country’s democratic polity itself. "A person at the highest level of government may use these provisions to undermine the system itself," he says, referring to how the former king Gyanendra Shah used Article 123 to take power.There is also precedent set by the former head of the Centre for the Investigation of the Abuse of Authority Lokman Singh Karki, who in 2013 operated a state within a state and regularly tapped the phone calls of 293  critical politicians, security officers, civil society leaders, judges and journalists. When Parliament decided to impeach him in 2016, the phone tapping was prominent in the list of reasons.However, there are some who say the danger to democracy has been blown out of proportion. The former head of the National Investigation Bureau Deviram Sharma says, "This law is not meant to snoop on ordinary citizens' phone conversations. It intends to monitor terrorism, antinational activities,  and the activity of dubious foreigners. A draft of the bill was actually prepared 17 years ago, and it has been tabled with timely amendments."Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener"> Nepal undermining free expression: HRW</a>In fact, the draft bill does state that the law is needed to control ‘spying, armed insurgency, coup, inciting others to violence, aiding foreign countries or organisations, breaching the harmony between people of different classes, races, ethnic groups, religions and communities, secessionism, spreading hate and violence, armed and underground groups, illegal activities on border areas, etc.’But that is precisely what worries rights activists, who say that the definition of whom the state is allowed to spy on is so vague and broad that anyone in authority can use it to snoop on political or business rivals, the media or critics of the government.Government across the world have intelligence agencies that are given powers to spy on their own citizens, but these powers are strictly limited by law. Even so, some democratic states like India, the US and UK have made it  easier for intelligence agencies to spy on their citizens, especially when it comes to terrorism. But even there, there have been widespread complaints of misuse.Read also:<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener"> Creeping control over the press in Nepal,</a> Ajay Pradhan The government tried to pass a similar law to allow surveillance in the last days of the Panchayat in 1990, citing heightened activity of foreign spy agencies. But the Panchayat system collapsed, and with it the first attempt to allow the government to spy on its citizens.The law was discussed again during the Maoist war, and a draft was even drawn up in 2001, but it was not tabled. Even today, snooping on private citizens is barred by law, but that has not stopped the National Investigations Bureau and others to snoop on calls and messages.Security agencies in Nepal regularly use call/sms data in their investigations, which is actually illegal. Some have even made private information public. After Advocate Baburam Aryal and four others filed a case against the practice in February 2016, then Chief Justice Kalyan Shrestha and judge Devendra Gopal Shrestha had ruled that a person's right to privacy was "entirely private and fundamental" and limited the practice.Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/" target="_blank" rel="noopener"> IFJ asks Nepal to revoke media gag</a>The verdict stated that since there was no law which allowed security officers to tap phone calls or look at sms, the officers would have to take permission from the District Court before doing so."That is a temporary provision. In the long term, there needs to be balance between individual's right to privacy and the state's need to investigate. A full-fledged law is the permanent solution," says ex-Chief Justice Shrestha.The NIB was previously under the Home Ministry, but in February 2018 it was brought under the purview of the Prime Minister’s Office and Cabinet Secretariat. Although the Bureau’s main duty is to safeguard national security,  the proposed bill expands its area of work to include human trafficking, drug trafficking, illegal wildlife trade. Read also:<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener"> A creeping coup,</a> Editorial"The objective of the Bureau is to protect the national interest. Giving it unlimited powers increases chances of misuse, especially since departments under the PMO are not accountable to any other government department," says Hemanta Malla, former DIG of Nepal Police.There is still time for parliamentarians to debate the Bill and change its provisions if required, but the government appears to be intent on using its majority in Parliament to ram it through. Experts say the bill should have provisions for legal redress, and provisions against transfer or sale of information collected. NC MP Radheshyam Adhikari concludes: "The way it is reads now, it lets the government pry into people's lives, intimidate them and threaten to disclose their private details if they don't obey." "The government is pushing through a law that is above the constitution. The law will grant extraordinary powers to the Bureau any time, which are to be used only in emergencies. But there is not enough awareness in civil society about this. Yes, security forces should have powers, but there should also be check and balance. The law should provide for investigation of the Bureau, as government investigation will not be enough." <figure><img width="640" height="516" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676e9c7e80680e0599d9jpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="640" height="514" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151128/636a67719c7e80680e0599dajpeg.jpg" alt=""><figcaption> </figcaption></figure>"The Bill is meant to restrict undue activity from foreigners. For example, then chief secretary of the government Lilamani Pudel made a 9-point code of conduct about officers meeting foreigners. That angered them. Baburam Bhattarai had promised to not transfer any secretaries, but transferred one of them within 18 days of becoming PM. We need to stop this kind of meddling. The current protests against the Bill is instigated by such foreigners."

Spooking Nepalis by snooping on them

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a66d89c7e80680e0599a9jpeg.jpg" alt="" width="1750" height="1164"/>Ram Sharan Mahat, <a href="https://archive.nepalitimes.com/article/nation/ram-sharan-mahat-fund-raising-conference,2299" target="_blank" rel="noopener">former foreign and finance minister</a> of the Nepali Congress, has published an important book that serves as an explainer and update on Nepal’s political transition and state restructuring exercise. It is an encyclopaedic dive into the political economy of present-day Nepal, useful not only for non-Nepali readers, but also Nepali students seeking to understand history, trends and context.A senior member of the Nepali Congress party, Mahat lost his seat in Parliament in 2018, after having consecutively won four parliamentary elections from Nuwakot since 1994. This forced respite actually allowed the economist-politician the time required to pen his thoughts on critical national events of the past two decades, committed as he is to the middle way that shuns populism and profligate governance.This work, together with <a href="https://www.nepalitimes.com/featured-videos/kul-chandra-gautams-long-journey-home/" target="_blank" rel="noopener">Kul Chandra Gautam</a>’s <a href="http://archive.nepalitimes.com/article/nation/Lost-in-transition-kul-chandra-gautam-review,2734" target="_blank" rel="noopener">Lost in Transition</a> (2014), provides antidote to the English language narrative of the conflict and post-conflict transitional era, which has been presented mainly by writers bowled over by radical leftism. Trials, Tremors and Hope also complements Mahat’s earlier work, <a href="http://archive.nepalitimes.com/news.php?id=739#.Xfs9dZMzaUk" target="_blank" rel="noopener">In Defence of Democracy</a> (2005), published even as King Gyanendra sought to convert Nepal into a royal autocracy.Mahat is the person who guided Nepal into the era of liberal economics, and rather than be coy he spends considerable space here defending his plans and policies as a six-time finance minister. He introduces us to BP Koirala’s evolving thinking on economic governance, and reminds the readers of once-important entities such as the Socialist International, and the Club of Rome and its ‘Limits to Growth’.Mahat was sceptical of not a few elements that went into the new Constitution, fought a rearguard action on the establishment of provinces, and advocated local government energy channelled via the 75 districts. And yet, unlike many Constituent Assembly members who became lukewarm towards the document they promulgated, the author seeks ways to implement the Constitution as the only way forward.He writes: “Managing the new federal structure is an un-tested and daunting challenge. The multiple levels of governance in a relatively small country with a history of centralised administration creates problems of overlap, ambiguity and conflict of authority… The main task at present is to building of institutional capacity at the sub-national and local levels … (with) supporting legislation, regulations and necessary manpower they are lacking at present.”With the Constitution declaring Nepal a ‘socialism-oriented’ (‘samajbad unmukh’) economy, it has been imperative to have authoritative interpretations of the phrase to avoid confusion, and to save the society from the radical trap. The economist and administrator in Mahat does not fail in providing his elucidation. Noting that “there has been no major change in the fundamental orientation of the country” despite the regime change, he writes: “ The socialist objectives are to be met through democratic norms and values including competitive plural politics, as well as an elaborate list of fundamental rights, including those related to social protection, the security of property rights, among others.”Elsewhere, to drive home the point, Mahat writes that the goal of socialism is guaranteed to be based on “competitive multiparty politics – including periodic elections, adult franchise, press freedom, civil liberty and an independent and impartial judiciary.”Decrying the “unproductive recurrent spending which is rising as a result of competitive populism”, the author suggests capitalising on the comparative advantage possessed by the country in “clean energy, biodiversity, eco-tourism, together with cultural heritage, strategic <a href="https://www.nepalitimes.com/latest/political-geography-of-india-nepal-china-ties/" target="_blank" rel="noopener">geo-political location between China and India</a>, and the goodwill accorded to Nepal by the international community.”At a time when many intellectuals prefer to handle the Maoists with kids gloves, especially now that they are tied umbilically to the erstwhile UML, Mahat is clear on what the <a href="https://archive.nepalitimes.com/article/nation/wartime-rape-victims-of-Kanchanpur-speak-out-wait-for-justice,4222" target="_blank" rel="noopener">Maoist conflict</a> “inflicted on the nation” – besides the deaths and maimings, “disruption of social and economic lives, destruction of physical assets and infrastructure, leading to derailment of development and slowing down of economic growth”.For a work with such a sweep, over 12 chapters and 242 pages, there are some aspects that Mahat has preferred to side-step partly that maybe because he is top leader of the Nepali Congress, which itself is hardly playing the role of a responsible and critical opposition to the present very-powerful CPN government. One would have wanted Mahat to be less descriptive and non-opinionated, and not be too careful about who’s toes he would be stepping on.While the author does refer to <a href="https://archive.nepalitimes.com/article/editorial/autopsy-of-a-blockade%20,2863" target="_blank" rel="noopener">the Indian blockade of 2015</a>, he does not dwell much on how those five months became an economic and geopolitical watershed for modern Nepal. He is ideally placed to discuss the potential debt trap of being over-beholden to Chinese debt largesse, but there is not enough discussion of that here. As Nepal rushes <a href="https://www.nepalitimes.com/banner/in-conservation-nepal-is-not-out-of-the-woods-yet/" target="_blank" rel="noopener">headlong into infrastructural development</a>, Mahat should have made his position clear on what is propped up as the ‘development vs. environment’ debate, but he takes a pass.How is Nepal to emerge from the <a href="https://www.nepalitimes.com/editorial/reducing-labour-pain/" target="_blank" rel="noopener">remittance economy</a>? Mahat does warn that the reliance on remittance “has reduced pressure to generate more productive employment leading to loss of the country’s competitiveness”, but the author was well placed to provide a guide to generating in-country employment. Similarly, a wide-ranging work such as this required rumination on the <a href="https://www.nepalitimes.com/banner/nepal-must-prepare-for-climate-migration/" target="_blank" rel="noopener">climate crisis</a>, which is set to hit Nepal’s population and economy, and Southasia as a whole.Trials, Tremors and Hopeby Ram Sharan MahatAdroit Publishers, New Delhi (2019)IRS795       242 pages<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a66db9c7e80680e0599aajpeg.jpg" alt="" width="1079" height="1632">

History and context from Mahat

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141120/636a58649c7e80680e054831jpeg.jpg" alt="" width="1400" height="927"/><figcaption>Illustration: BHANU BHATTARA</figcaption></figure>Four years after the Constitution was <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/09/20/peoples-constitution/" target="_blank" rel="noopener">promulgated</a>, the main political actors involved in drafting it are now ruling the country. The 2017 <a href="https://www.nepalitimes.com/here-now/share-rule-and-self-rule/" target="_blank" rel="noopener">federal, provincial and municipal elections</a> made this the most powerful government in Nepal’s democratic history. Yet, the <a href="https://www.nepalitimes.com/here-now/the-troika/">Nepal Communist Party</a> (NCP) has squandered not just its mandate but also the opportunity to make the <a href="http://archive.nepalitimes.com/regular-columns/by-the-way/new-constitution-should-adopt-inclusive-democracy-with-federalism-republicanism-secularism,538" target="_blank" rel="noopener">Constitution work.</a>There were very high expectations among Nepal’s long-suffering people that stability would attract investment, create jobs and improve accountability and governance. But disillusionment is running high, with opposition parties and dissident groups exploiting the discontent to push for constitutional amendments.The government’s response has been to crack down on dissent, intimidate and attack those who are critical of ruling party figures on social media, and try to push through bills in Parliament that would curtail hard-won freedoms. Prime Minister Oli himself has ordered that Constitution Day on Friday, 20 September be used as an opportunity to defend the Constitution.In what critics say is <a href="about:blank" target="_blank" rel="noopener">Panchayat-era style</a>, the central government ordered Chief District Officers and local governments to ‘celebrate with much enthusiasm’ Constitution Day for three days, 19-21 September, by proudly flying national flags at homes, wearing t-shirts emblazoned with flags and illuminating homes and offices for three nights. The Home Ministry homepage even has a popup box displaying the exact dimensions and colours of the national flag, and instructions on correct ways to display it. The new Minister of Tourism and Culture, Yogesh Bhattarai, <a href="https://www.nepalitimes.com/opinion/anti-national-anthem/" target="_blank" rel="noopener">even tried to get the national anthem played before evening prayers at Pashupati.</a>Oppositionists are trying to cash in on the public’s anti-government mood. Despite being in disarray itself, the Nepali Congress (NC) has smelt blood, and its leader Sashank Koirala is trying to ride the Hindutva wave to have secularism scrapped from the Constitution<a href="http://archive.nepalitimes.com/news.php?id=3701#.XYNJli4zbIU">. Kamal Thapa of the RJP</a> is going one step further to campaign for the restoration of a Hindu monarchy. Former Maoist ideologue <a href="https://www.nepalitimes.com/review/dreams-and-nightmares-of-the-nepal-conflict/" target="_blank" rel="noopener">Baburam Bhattarai</a>, now leader of Samajbadi Party Nepal, wants a constitutional amendment for identity-based federalism and executive presidentship. And then there is the <a href="https://www.nepalitimes.com/from-the-nepali-press/biplav-is-just-following-the-footsteps-of-mentors/" target="_blank" rel="noopener">Biplav</a> faction, which wants to go back to armed struggle.The NCP is lashing out at critics. Party Co-chair Pushpa Kamal Dahal last week instructed cadre to ‘retaliate’ against the opposition, echoing Prime Minister Oli’s call to ‘unleash hornets’ on them. NCP youth have used mob tactics against those posting critical content on social media. Information Minister Gokul Banskota doesn’t hide his disdain for the free press, and is pushing the Media Council Bill, an IT  Bill and the Mass Communication Act through Parliament.Critics say the way to defend the Constitution is not by threatening dissenting voices, but by protecting the freedoms that it guarantees. Former head of the Nepal Bar Association, Sunil Pokhrel, says: “If there is a problem with the Constitution, the way to resolve it is not by wrapping ourselves in the national flag. The flag is being used to hide defects in the Constitution.”Read Also:<a style="font-weight: bold; background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/?p=33406&amp;preview=true" target="_blank" rel="noopener">Four-year itch</a>, Editorial<a href="https://www.nepalitimes.com/here-now/nepals-constitution-3-years-later/" target="_blank" rel="noopener">Nepal's constitution, 3 years later</a>, Prakriti Kandel

Wrecking crew

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

Four international names in architecture, Shigeru Ban, Rem Koolhaas, Tadao Ando and Louis Isadore Kahn, all left their mark in Nepal. But despite their best intentions, the ambitious designs fizzled out. Ban, Koolhaas and Ando won Pritzkers, the best known international award for architecture, and Kahn could have won it had the prize been given in his lifetime. But their designs fell short of transforming Nepali architecture and did not help inspire local architects.&nbsp; Why were these four ‘starchitects’ unable to pull off their Nepal projects and enrich the country with exemplary contemporary designs? The failure, especially the violation of Kahn’s design, also raises larger questions about how much contemporary architecture is valued in Nepal.&nbsp; Whereas Sri Lanka had Geoffrey Bawa and Bangladesh had Mazharul Islam, the pioneers of contemporary architecture in Nepal have had far less public appreciation. One wonders if Nepali architecture only refers to the monuments and heritage of the past. Nepal does have examples of outstanding modern architecture such as the &nbsp;पाङ्रे घर ‘Wheel House’ and खुट्टे घर &nbsp;‘House on Legs’ by Shankar Nath Rimal in the 1960s. These are the best examples of how some Nepali designers successfully tailored modern architecture to the Nepali context.&nbsp; Ten years ago, Nepal had three architecture magazines, SPACES, praXis and Business Architecture, but none of these survived. This newspaper has prominently covered contemporary architecture, and the built environment, but these are exceptions in Nepal’s media. There have been a few encouraging signs. The 2024 exhibition Modern Encounters in Architecture in Kathmandu Valley (1945-1985) at the Taragaon Museum had many visitors and its accompanying book is a seminal document.&nbsp; In 2023, the Mountain Architecture Dialogue (MAD) that focused on examples of good-practice sustainable contemporary architecture for the mountainous terrains of Nepal was a packed event with over 300 young architects, engineers, environmentalists and architecture students. <h2>Shigeru Ban</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024122003128_8bb8dde080c5698c2585966bef27ce4c08e4ee488d3432b2caac98b9de762dfe.png" data-media-id="editor_0" data-image-id="2024122003128_8bb8dde080c5698c2585966bef27ce4c08e4ee488d3432b2caac98b9de762dfe" data-rendition-name="original" width="990" height="1074" loading="lazy" alt="Forgotten international starchitects in Nepal NT"> </figure>  Shigeru Ban had already built a name for himself in post-disaster construction when he came to Nepal following the 2015 earthquakes in which 500,000 people lost their homes. The basic design and its 3D-rendered images were reviewed in upbeat articles on DOMUS, Architectural Review, Dezeen, and Arch Daily.&nbsp; But his signature cardboard tubes could not handle the monsoon and the roof structure had to be re-designed with timber. Only two shelters were completed in Sindupalchok, and only one of them still stands at the Hyatt Regency grounds today, as Ban’s souvenir to Nepal.&nbsp; <h2>Rem Koolhaas</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024122003128_58afec9b57accfa38327af0936648c6eb2f2e11ff18f1af8ca27383dc57dc222.png" data-media-id="editor_1" data-image-id="2024122003128_58afec9b57accfa38327af0936648c6eb2f2e11ff18f1af8ca27383dc57dc222" data-rendition-name="original" width="750" height="722" loading="lazy" alt="Forgotten international starchitects in Nepal NT"> </figure>  The designs of Dutch architect Rem Koolhaas have a specific signature: bold shapes and an intriguing architectural typology that challenges standard building blocks. Some designs even seem to defy gravity, like the CCTV headquarters in Beijing: an angular, continuous geometry of glass and steel.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241220031216_a18dc8a8d6b97bc6fa9d590036cf374f9dc3709c699fe5c5787304bbd05cb17d.png" data-media-id="editor_2" data-image-id="20241220031216_a18dc8a8d6b97bc6fa9d590036cf374f9dc3709c699fe5c5787304bbd05cb17d" data-rendition-name="original" width="1812" height="1168" loading="lazy" alt="Forgotten international starchitects in Nepal"> <figcaption>Rem Koolhaas' design for Ullen's School in Khumaltar.</figcaption> </figure>  Koolhaas was commissioned by Belgian billionaire Guy Ullens to design a new building for Ullens School in Khumaltar. The most prominent feature is its vertical glass block staircase. Some interior spaces have lowered windowsills, which provide ample views and daylight. But the school building has gone unremarked in Nepal. <h2>Tadao Ando</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241220031212_cc16bd6feb8be07a7198285b847a45d2126dc3a479e0cc7370331861fc544675.png" data-media-id="editor_3" data-image-id="20241220031212_cc16bd6feb8be07a7198285b847a45d2126dc3a479e0cc7370331861fc544675" data-rendition-name="original" width="626" height="628" loading="lazy" alt="Forgotten international starchitects in Nepal"> </figure>  Doctors providing aid to victims of the Great Hanshin earthquake in 1995 in Japan requested Tadao Ando, who had donated his Pritzker money to the victims, to also make a design for a hospital in Butwal.&nbsp; Ando’s contribution would be pro-bono and the construction was funded by the Hanshin Earthquake victims and by the popular Japanese newspaper Mainichi, as a tribute to Nepali doctors. The first block that Ando designed for the Siddhartha Children and Women’s Hospital (SCWH) was the out-patient department. He quickly realised that he would not be able to pull off structures with his typical style of smooth-finished, high-quality concrete.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241220031216_73ec0950d52320277ccc81d4a66fa6aa6acb38141e7b7633683e4cf8179dc579.png" data-media-id="editor_4" data-image-id="20241220031216_73ec0950d52320277ccc81d4a66fa6aa6acb38141e7b7633683e4cf8179dc579" data-rendition-name="original" width="1594" height="958" loading="lazy" alt="Forgotten international starchitects in Nepal"> <figcaption>Tadao Ando's Siddhartha Children and Women Hospital in Butwal.</figcaption> </figure>  Ando wrote in the online architectural catalog Architectuul, that the two main problems with the project were costs and the availability of local technology. ‘It became a facility that has a slightly different expression from the buildings I have completed so far,’ he wrote. He designed a colonnade for the west façade that would provide shelter from harsh sunlight, and the exposed brick walls were locally manufactured bricks.&nbsp; The hospital is characterised by modernist cuboidal massing, but the outer brick façades now appear unintentionally badly weathered by monsoons. The interiors lack both sufficient natural light and natural ventilation. <h2>Louis I Kahn</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024122003128_612e199d62fb3e72b6b8f6a936b0fa0451d8c0aa3d831c071320bf423ee3d67f.png" data-media-id="editor_5" data-image-id="2024122003128_612e199d62fb3e72b6b8f6a936b0fa0451d8c0aa3d831c071320bf423ee3d67f" data-rendition-name="original" width="694" height="926" loading="lazy" alt="Forgotten international starchitects in Nepal NT"> </figure>  American architect Louis I Kahn had experience of projects in South Asia, and several were under construction when he died suddenly in 1974. Amongst these were the National Assembly complex in Dhaka, the Indian Institute of Management in Ahmedabad and the Family Planning and Maternal Child Welfare Centre in Kathmandu.&nbsp; Kahn had started the USAID funded project in Nepal by developing a master plan for the government institutional zone in Kathmandu, which included a building for the Health Ministry. The building’s façade in exposed brick has deeply recessed vertical windows for shading.&nbsp; The balancing of accentuated horizontal lines in the brickwork with the verticality of the larger composition is the work of a master. The brick walls rise up into punctured parapet walls at the roof level. These square apertures ‘frame the sky’.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241220031216_69c2e4972dbe38773e0a3a3f1129485c9c87033ee84cd454e24ae0dc772d05cf.png" data-media-id="editor_6" data-image-id="20241220031216_69c2e4972dbe38773e0a3a3f1129485c9c87033ee84cd454e24ae0dc772d05cf" data-rendition-name="original" width="1924" height="1242" loading="lazy" alt="Forgotten international starchitects in Nepal"> <figcaption>Louis Kahn's plan for the Ministry of Health.</figcaption> </figure>  When Kahn died, only the eastern half of the building was finished. The Western part was never built and Nepal’s bureaucrats decided that without paint, the exposed brick façade was not finished. Then in 1995, citing roof leakage and a space crunch, the Health Ministry added a floor.&nbsp; The frames-to-the-sky in the roof parapet were converted into windows and topped off with a sloping roof of corrugated steel sheets, whose only virtue was that it was cost-effective.&nbsp; Kahn’s orthogonal composition, which clean horizontal and vertical lines, was desecrated despite a public outcry and legal challenges from architects and cultural organisations. A version of this article was first published in HIMAL Southasian. Illustrations by Varun S Bapu.

Forgotten international starchitects in Nepal

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

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