<figure><img width="1500" height="926" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108181148/636a96c89c7e80680e05dc89jpeg.jpg" alt=""/><figcaption>Rinadevi Mahara from Dhanusha, abandoned at Godavari Modern Hospital in Janakpur for lack of money to pay hospital charges</figcaption></figure>Ajaya Anuragi in Himal Khabarpatrika, 24-30 NovemberBrutality against women exists in families across Nepal, but nowhere more so than in Province 2, police figures show. What is not so clear is whether gender-based violence is becoming more common in this plains province, or that better educated women are now taking complaints to the police.The number of complaints of violence against women in the eight districts of Province 2 surged dramatically from 602 three years ago to 10,243 in the past year. Most of the complaints involved dowry-related violence, polygamy, physical domestic violence against women, trafficking, rape and attempted rape. There were 125 murders of women in the past three years, mostly by drunk husbands or in-laws.Read also:<a href="https://www.nepalitimes.com/opinion/using-numbers-to-fight-gender-based-violence/" target="_blank" rel="noopener"> Using numbers to fight gender-based violence</a>, Lisa HonanProvince 2 police statistics show women are more unsafe outside of homes than inside. In the past five months, 50 women who were driven out of their homes due to domestic violence sought refuge in a shelter run by the Women’s Rehabilitation Centre (WOREC) in Janakpur. “Women are unsafe everywhere, but the statistics for Province 2 look alarming,” says Gyankumar Mahato of the provincial police office. However, DIG Pradyumna Karki, chief of Province 2 police, thinks the number of crimes has increased because more people are reporting them. “Previously, people used to try and hush up crimes like rapes. But now more people are aware of the presence of the police, and we get all sorts of complaints,” Karki says. Advocate Rekha Jha agrees: “Women have tried to hide these incidents in the past but are now coming forward with their testimonies. That is the reason the numbers look higher.”Others, however, say that while there may be an increase in complaints, the number of incidents has also shot up because of new factors like the spread of social media, unregulated sale of alcohol, drugs and entrenched patriarchy in the still largely conservative region.Read also: <a href="https://archive.nepalitimes.com/regular-columns/Here-We-Go/2013-jun-21-here-we-go-gender-violence,122" target="_blank" rel="noopener">#Genderviolence</a>, Trishna Rana “The misuse of social media is contributing to violence against women,” says Rekha Dutt of the National Human Rights Council, Janakpur Office. “Weak implementation of laws further encourages criminal tendencies. When perpetrators go free because of political pressure, it raises the confidence of those who prey on women.”Yagya Prasad Acharya of the district court in Dhanusha district has a different take on the problem: “Now, men also have the right to file for divorce. In the past when only women could file for divorce, men hesitated to commit violence. Now that fear is gone.” Court records show that abuse of social media was a cause in increasing numbers of violence against women in the province. With the rise in female literacy, young women are now also more assertive, refusing to get married early, or if they do, brides are not as submissive towards in-laws as in the past.Another reason for the rise in violence against women is mismatched marriages, activists say. Poor families still try to marry their daughters into rich families by offering dowry, even by incurring large debts. Dowry-related violence against young women is still a major cause of domestic violence -- police records show that the number of incidents rose from 3,609 last year to 4,671 this year. Read also:<a href="https://www.nepalitimes.com/editorial/corrosive-conduct/" target="_blank" rel="noopener"> Corrosive Conduct</a>, EditorialIn the past three years the highest number of complaints about gender-based violence was from Bara and Parsa districts, and rape cases were most prevalent in Siraha, Saptari and Sarlahi.  Politicians at all three levels of government underline that ending violence against women and establishing gender equality is their priority. Province 2 Chief Minister Lalbabu Raut had even announced the ‘Chief Minister Educate Daughter, Save Daughter’ campaign amidst much fanfare. Padam Prasad Pokharel, information officer in the province’s cabinet office, says the campaign is mainly focused on education. “The campaign aims to end child marriage through education -- it is also working on women's safety,” he says. The province's Ministry of Social Development is imparting self-defence training to girl students of public schools, aiming to protect them from abuse, violence, and rape. “The schools wrote to us saying the program was effective, so we are continuing it this year,” Pokharel says. In the past year the ministry spent Rs11 million on self-defence training at schools, but it has taken no other initiative to reduce violence and crimes against women. At the provincial level, the ministry of internal affairs and law is in charge of these matters. “We are drafting a bill about controlling domestic violence and violence against women,” says Surendra Mahato of the ministry.  Read also: <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in reported rape in 10 years,</a> Sewa Bhattarai		
			<h2>Violence against women in Province 2</h2>		
		<ul><li>Usha Devi Das of Janakpur has been enduring torture and abuse from her in-laws for not delivering enough dowry when she got married. She complained to the police twice, but law enforcement only forced the couple to sign a pledge and sent them home. The abuse did not stop. Das complained again, but her in-laws got a stay order from the district court. </li></ul><ul><li>Rita Devi Yadav of Bhangaha of Mahottari district registered a complaint against her husband and his family at the District Police Office, Dhanusha on 4 September, accusing them of physical and mental torture and of throwing her out of the house. Yadav then started living with her parents. She accuses her father-in-law and brothers-in-law of mistreatment. Yadav's husband has gone into hiding after the complaint was filed. The couple has a 21/2 –year-old son. </li></ul><ul><li>Shyam Mahara of Shahidnagar of Dhanusha beat his pregnant wife Rinadevi until she fainted, and left her alone at the provincial hospital in Janakpur. Mahara filed a complaint against her husband 5 days later on 8 September. Her father-in-law then took her home a week later. Mahara was again admitted to the hospital this month when her baby was due. The baby was delivered with a caesarean section, but was in poor health. Her in-laws disappeared after they admitted her, leaving her with Rs1,700 in hospital charges per day. She begs for food from other patients.</li></ul>Read also: <a style="background-color: #ffffff; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/rape-rulings-in-nepal-follow-letter-not-spirit-of-the-law/">Rape rulings in Nepal follow letter, not spirit of the law</a>, Sewa Bhattarai

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Alarming rise in violence against women

<img width="893" height="365" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60c99c7e80680e056e98jpeg.jpg" alt=""/>Rautahat MP Mohammad Aftab Alam, currently in police custody charged with murder, has refused to take a polygraph test, angering the police and making a mockery of the law. In fact, everything about this case has been mocking the rule of law for the past 12 years.Before Nepalis could enjoy Dasain and witness C<a href="https://www.nepalitimes.com/banner/what-is-xi-jinpings-big-surprise/" target="_blank" rel="noopener">hinese President Xi Jinping’s visit</a> this month, they were shocked by the revelation of the Rajpur Farhadwa massacre, which had been covered up since 2008, and its perpetrators had gone scot free. The terrifying stories that have surfaced have shocked the nation, offering proof of the criminalisation of politics and politicisation of crime in Nepal.  Nepali Congress politician Aftab Alam is accused of burning dozens of people alive in a brick kiln. A day before the first Constituent Assembly election in 2006, several people were making improvised explosives bombs at a farm house in Rautahat, Farhadwa - 4. The house belonged to Sheikh Idris, a deceased NC politician and relative of Alam.An influential leader in Rautahat, Aftab Alam wanted to win the CA election at any cost, and decided to import Indian bomb-makers to place explosives at various election booths to scare voters and capture the booths. He had collected raw material for bomb-making, arms and ammunition from across the border.  While the explosives were being assembled, they accidentally went off at the farm house, killing three people and injuring many. Those injured were rendered unconscious with injections, and thrown into the furnace of a nearby brick kiln along with the bodies of the dead. The number of those whose bodies were disposed of that day is not known, but is said to be more than 20, including the professional bomb makers from India.Alam's apt nickname in the district is 'Tiger', and he did not want the injured to reach a hospital, and the truth to come out. The police would have taken their statements and conducted autopsies on those killed. He feared a backlash against him a day before the election, which would cost him the coveted CA seat. Instead, he resorted to an inhumane way of ‘managing’ the causalities, depriving the living of treatment and the dead of proper funeral rites.What was even more scocking was the coverup that followed in which the Nepali Congress, local police and bureaucrats appeared to be involved. The local administration seems to have assisted Alam in removing evidence of the massacre, and threatening witnesses and relatives.According to a field report by the human rights group INSEC (Informal Sector Service Centre) immediately after the crime, residents said it was the police themselves who escorted the tractor with victims to a brick kiln owned by a family member of Alam. Some of the victims were still conscious and weeping, and behind them in a car was Alam himself. Relatives and residents were terrified by what they saw. The house damaged in the blast was soon repaired, the brick kiln demolished, and all evidence destroyed.Police inspector at the time Indra Subedi was the first police officer on the scene, but was mysteriously transferred away the same night, suggesting political collusion in the coverup. Now a DSP at police headquarters in Kathmandu, he says there was no time to even start an investigation.Read also: <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">State of Impunity</a>, Editorial <figure><img width="500" height="355" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60cb9c7e80680e056e99jpeg.jpg" alt=""><figcaption> </figcaption></figure>The families of deceased Trilok Pratap Singh and Vasi Akhtar Miya organised a press conference immediately after the incident. Miya’s mother Ruksana Miya filed a complaint at the police station, but she was also murdered -- found dead a few days later with a bullet wound in her temple. There has been no investigation of any of the other deaths.Read also: <a href="http://archive.nepalitimes.com/news.php?id=18693#.XbFoV5IzbIU" target="_blank" rel="noopener">The lords of Impunity,</a> Kanak Mani Dixit Victims were too scared and traumatised for many years, and shuttled from one government office to another. Often, officials gave them answers like "there was lack of proper investigation", "there is insufficient evidence", and "it is not necessary to file a case". The district police office, government attorney’s office, the courts, and the attorney general’s office all seem part of the nexus to protect Alam.The Farhadwa massacre is a crime against humanity, committed by the powerful to protect their power. It was covered up for more than a decade with active collusion of politicians, police and successive governments. Alam himself was elected to the constitution-drafting assembly, benefitting from respect and government protection, while the families of those massacred lived in sorrow and were threatened by the state into submission and silence. The Nepali Congress was unwilling to accept any action against Alam when the Maoist party had the majority in the CA with the Congress in the role of opposition. As the political power play continued during the post-war transition, Alam avoided investigataion and evaded justice. A Supreme Court verdict four months ago forced the state to arrest him. On 21 June, a Supreme Court bench of judges Anilkumar Sinha and Kumar Regmi ordered the Attorney General, Police Headquarters and the District Police of Rautahat to implement earlier court verdicts and present a detailed, updated report of the case to the court within 30 days.Read also: <a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">Justice for Sale</a>, Tufan Neupane  <figure><img width="640" height="416" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60cd9c7e80680e056e9ajpeg.jpg" alt=""><figcaption> </figcaption></figure>While this is a shocking tale of impunity and lack of the rule of law, it now sends the message that the judiciary's role is being respected. The Farhadwa massacre is a litmus test for independent legal prosecution.Combined with the arrest of <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Speaker Krishna Bahadur Mahara</a> on a charge of attempted rape, the prosecution of MPs who have resorted to violence and vandlaism in the past month show that no one can get away with crimes just because they wield power and political clout. This has restored a level of confidence in the rule of law.A lot now will depend on whether the Mahara and Alam investigations are independent and the verdicts are implemented. Alam’s emissaries are already trying to woo the relatives of the victims with money, imploring them to take back their accusations. The victims are terrified that if Alam is released, their lives will be in danger.Mahara himself is said to be reluctant to give up his Speaker's chair, and is resisting persecution, alleging a political conspiracy against him by rivals. Everyone who had a part in committing or covering up the Fardawah massacre must be brought under the purview of the law and receive maximum punishment. Justice in this case is necessary not just for the victims, but also to send a message that the rule of law is not dead in Nepal.Violence on this scale cannot be justified, it is not related to any political philosophy or the religion of the perpetrators.The Farhadwa massacre will be a milestone in turning back the tide of impunity in Nepal. The ruling NCP touts stability and prosperity as its slogans. There can be no stability without good governance, and there can be no prosperity without ordinary citizens feeling that they have the full protection of the law. No matter how powerful the perpetrators.  Read also: <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">The rise and fall of Comrade Mahara</a>, Sewa Bhattarai and Sanghamitra Subba

Getting away with murder

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41ab9c7e80680e04a68bjpeg.jpg" alt="" width="1400" height="519"/>The organisational infrastructure of the court system is of critical importance for the success of Nepal’s <a href="https://www.nepalitimes.com/here-now/federalisms-birth-pangs-or-death-rattle/" target="_blank" rel="noopener">new constitutional order</a>. It is in the lower courts that people come face to face with the judicial branch of government, and where the ordinary and routine forms of justice most directly affecting daily life are in practice. Subnational courts therefore should not be forgotten in considering the judiciary’s irreplaceable role in instilling a commitment to the rule of law and encouraging a <a href="https://www.nepalitimes.com/here-now/grassroots-democracy-is-delivering-development/" target="_blank" rel="noopener">new way of doing politics</a>.Nepal’s network of 77 district courts is the gateway for virtually all of the country’s litigation (85,000 cases in 2017-18, over which district courts oversaw final resolution to 60%). Yet both in resource allocation and in public imagination, these courts are the most neglected. It is remarkable that a mere 241 judges discharge the enormous workload.Read also:Part 1: <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/" target="_blank" rel="noopener">Federalism, rule of law and the judiciary</a>, George Varughese and Iain PaynePart 2: <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">Constitutional guardianship in Nepal</a> , George Varughese and Iain PayneWhile the <a href="https://www.nepalitimes.com/here-now/share-rule-and-self-rule/" target="_blank" rel="noopener">2015 Constitution</a> has changed the executive and legislative, the court structure has not undergone significant revision, except to add two district courts — for a total of 77 — and to refashion 16 appellate courts as seven high courts with their 11 benches extended across respective provinces.The subordinate courts now have slightly enlarged purview. For the first time, provincial high courts will be able to hear public interest litigation, hopefully lessening some of the Supreme Court’s caseload burden. District courts now supervise all justice institutions, formal and informal, below the district level.District courts also have increased authority to oversee criminal offences punishable by more than one year imprisonment, many of which were previously adjudicated by quasi-judicial bodies like the district administration office. They have new jurisdiction over some civil matters previously supervised by the district executive.Critical access-to-justice issues have been inherited from the previous governance setup. For example, the geographical inaccessibility of the district courts, which remain the lowest court in judicial hierarchy and sit at the now obsolete district headquarters, are one of the key reasons why only a fraction of disputes tends to be registered with the proper court and judicial authority. The judiciary’s absence in municipal government is glaring and hardly addressed by the presence of so-called judicial committees, which fall under the municipal executive.Moreover, wholesale state restructuring must take into account roles and responsibilities of different justice sector institutions at the local level, and the judicial branch’s reflections on these would be timely in guiding other branches of government. This is especially the case with regard to judicial committees in 753 locations, about which inconsistent visions are projected in <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">the Constitution</a> and the Local Government Operations Act of 2017— the federal framework legislation that presently guides local government operations. This is also the case with the option provided for in the Constitution allowing the creation of local courts if required. The judicial branch’s reluctance to provide guidance on constitutional provisions for accessing justice beyond district courts could result in costly adjustments.These issues need to be addressed to guide the creation of a coherent and coordinated system for accessing justice locally, one that builds community and citizen trust in the entire justice sector and positions the judiciary in its rightful place in government. The lowest rungs of the judicial branch carry the greatest burden in making justice more accessible to more people. Much work, therefore, remains to be done to ensure that the promise of bringing all three branches of government closer to the people is fulfilled.Renewed commitments to judicial independence headlined the recently concluded National Conference of Judges. However, aside from the hot-button topic of judicial appointments that dominated discussion, only a few creative ideas emerged. Perhaps the most federally relevant of those related to empowering provincial courts to settle disputes between provinces and municipalities. Ideas such as this, while nascent, indicate that the judiciary may be willing to look for ways to be more responsive to the needs of the changed governance context.With a recently appointed Chief Justice and remaining vacancies filled, Nepal’s Supreme Court is drafting its fourth strategic plan with more stable leadership and better prepared justices than ever before. This will drive the judiciary’s institutional vision, direction and contribution to democratic government in Nepal over the next five years.Previous strategic plans have focused on court administration, caseload management, infrastructural and modernisation needs, and training programs. These remain necessary but will be insufficient to fulfil the difficult role of rethinking and reworking access to justice in a federal context. Oversight of the judicial functions of the state — wherever those may be located — is a key strategic metric of performance of the judicial branch.More difficult will be the deep institutional introspection and principled actions required to assert independence while exercising guardianship of the rule of law. It is vital that the judicial branch of the government sees itself as a trusted partner of both state and society, with its functionaries embracing their role as ‘justices of the people’ and not just of the court.Only then will a constitutional culture shaped by the rule of law translate into access to justice in federal Nepal.This concludes a <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/" target="_blank" rel="noopener">three-part series</a> by Iain Payne and George Varughese who are associated with <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>.

Devolving the judiciary

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101144/636a25be9c7e80680e0439dbjpeg.jpg" alt="" width="1800" height="1050"/><figcaption>Activists protest government's reluctance to solve the rape and murder of Nirmala Panta, a teenager whose body was found near her home in Kanchanpur in July 2018. Photo: RSS</figcaption></figure><ul><li>Statute of Limitations: A 10-year-old girl is repeatedly raped by her caretaker. Her mother finds out much later. Since the statute of limitations to report rape was 35 days at the time, the complaint could not be filed. A Public Interest Litigation to extend the time is still pending in court six years later. The actual rape case has not even been registered.</li> <li>No Counselling: A pre-teen tells her mother a man “did something bad” to her. The police report has no details, only ‘something bad’, but the court scribe assumes it is ‘vaginal intercourse’. Medical report states that her hymen is intact. Doubts are raised, which helps the defendant in the court.</li> <li>Manipulation: A 17-year-old claims that she was manipulated and threatened into having sexual intercourse with the promise of marriage. She is asked how she can call it rape, since there is no physical injury or signs of resistance.</li> <li>‘Honour’: Defence counsel argues that the stigma of rape will brand a seven-year-old child for life. The view that her reputation is more important than justice takes precedence. The perpetrator is acquitted, to ‘help’ the victim.</li> <li>Stigma: The mother of a young girl finds out her husband has been raping their daughter. She fails to report the rape, but files a complaint about domestic violence demanding divorce and her share of property. 4</li></ul><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101144/636a25c19c7e80680e0439dcjpeg.jpg" alt="" width="2048" height="1365"><figcaption> </figcaption></figure>Rape survivors and victims of sexual abuse in Nepal are increasingly going public with their experience, but even if they file a complaint, it is doubtful if they will ever get justice given the loopholes in the law.Nepal’s law does not match up to international standards: victims have only one year to report rape, the complaint procedure is stacked against them, and often there are no counsellors even for children. Most rape cases therefore go unreported, and the 1,600 complaints filed with police last year were just a small fraction of the actual cases.In fact, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) has asked Nepal to abolish the statute of limitations saying it denies victims the right to effective remedy, and is especially unfair to victims of war crimes.Since most perpetrators are family members or known persons, there is pressure on the victim not to register the case at all. The law mandates the presence of counselors for victims, but it is rarely implemented. Many victims, especially children, are therefore not able to open up in the presence of intimidating officials.Read also: <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in reported rape in ten years</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/the-roots-of-rape/" target="_blank" rel="noopener">The roots of rape</a>, Kedar Sharma<iframe src="https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1Z-EcBdGQSvO4KbOuhA99cmkXbDr9N60P5Bk-A0W8LM8&amp;font=Default&amp;lang=en&amp;initial_zoom=2&amp;height=650" width="100%" height="650" frameborder="0" allowfullscreen="allowfullscreen"></iframe>Most victims choose not to pursue cases because they do not know how to work the court system and do not have the resources to fight it out. Figures show that only 60% of rape cases are closed, and only about a quarter of the victims get a favourable verdict.Even though a 2015 amendment broadened the definition of rape to include non-penile penetration, it is still rare for a court to convict such offenders. A Kathmandu School of Law report states that Nepal’s judiciary is ‘obsessively concerned with looking into elements such as penetration, use of force and completion of sexual intercourse by ejaculation’ as primary grounds for conviction. In absence of such evidence, the courts tend to shift the charge of ‘rape’ to ‘attempted rape’.Advocate Sushma Gautam says the situation is more favourable today as the Supreme Court has made landmark decisions based on the new laws, but she says not everyone is updated about the new laws.  “Even some judges and lawyers are ignorant of what constitutes rape and operate on their traditional mindset which considers only penile penetration to be rape,” she explains.Read also: <a href="https://www.nepalitimes.com/opinion/theytoo/" target="_blank" rel="noopener">#Theytoo</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">Republic of rape</a>, EditorialActivists worry that the system favours the perpetrator rather than the victim. The severity of the punishment is based on the age of the victim, with 16 years of imprisonment if the victim is aged below 10, and only 5-7 years if she is above 20, and there is also extra punishment if the victim is more than six months pregnant, or is disabled.“These provisions are unfair because they assume that an adult female in good health cannot be raped, which is not the case,” says Binita Pandey, a lawyer at Women’s Rehabilitation Center, (WOREC) Nepal. In the case of adult women, investigation often veers towards what the woman was wearing, why she was out at a particular time, and attempts to blame the victim for provocative behaviour.It is even more difficult for male victims: the law regarding paedophilia address male children, but rape laws specifically mention only ‘women’ as rape victims, leaving out men and transgender persons. Nepal’s laws are still based on patriarchal notions that a woman’s sexuality is the property of her male partner and not herself.Even as international standards like CEDAW mention ‘women’s sexual autonomy and consent’ in laws regarding rape, Nepal’s laws are still concerned about chastity, depriving many male and female victims of justice.“The problems with our Criminal Justice System is that the government is not really focused on implementing it,” says advocate Indu Tuladhar. “Our laws have improved, but there are still many loopholes. Often, the government does not actually implement high sounding provisions, which means that we must question its intention. Does it really want to deliver justice, or is it just creating laws that look good?”Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/justice-delayed-and-denied/" target="_blank" rel="noopener"> Justice delayed and denied</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/crime-and-politics/" target="_blank" rel="noopener">Crime and Politics</a>, Namrata Sharma

Rape rulings in Nepal follow letter, not spirit of the law

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Galaxy A series

Know your Ministers

Prime Minister Balendra Shah on Wednesday broke tradition and met with 17 foreign envoys collectively, a move that was a notable departure from how his predecessors operated.&nbsp;
Shah had already set himself apart by talking less, listening more, and delegating to trusted friends. But by meeting all ambassadors at one go in the presence of the Foreign Ministry, he signalled a paradigm shift in how he wants Nepal to be seen: no longer just balancing India and China, but as a country confident about its <a href="https://nepalitimes.com/opinion/guest-editorial/tripolar-contestation-over-nepal">strategic importance and place in the world</a>.
In just two weeks, the <a href="https://nepalitimes.com/news/rsp-dos-and-don-ts">RSP has sprung into action </a>on multiple fronts to implement its ambitious 100-point, 100-days action plan. It has taken short-term measures to mitigate the impact of the Gulf war, as well as medium- and long- term measures to streamline the bureaucracy. A few high-profile figures have been made examples of to drive the message home.
Earlier this week, the government recalled six politically appointed ambassadors, the most notable being long-serving Shankar Sharma from New Delhi. The Kathmandu District Court issued arrest warrants against former prime minister Sher Bahadur Deuba and his former foreign minister wife Arzu Rana on charges of money laundering and corruption.
Each ministry has been trying to clean up the accumulated rot from the past three decades: regulatory overhaul of microfinance, education, health and service delivery.&nbsp;
These actions widely disseminated campaign-style on YouTube and TikTok have made most Nepalis hopeful that the party they installed in power means business.
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BACKLASH
But such attempts to overhaul a long-entrenched political culture were bound to face backlash. In their impatience and enthusiasm to get things done, some of Prime Minister Shah’s ministers have over-reached.
It was common knowledge that government-paid advertising in the mainstream press was kickback-driven, but the PMO’s directive that official notices be published or broadcast only on state-run media has been denounced — especially as the media industry struggles to stay afloat.
More serious are some recent appointments by ministers of relatives and figures closely associated with the RSP to key positions. This has rankled because this party built its political plank on ending nepotism and graft.&nbsp;
News that Home Minister Sudan Gurung allegedly had not paid rent on leased land, which illegally encroached on the lake in Pokhara did not help. &nbsp;
Prime Minister Shah himself has come under scrutiny for appointing a kitchen cabinet full of male buddies from his time as Kathmandu mayor. To douse criticism he brought in as adviser investigative journalist Deepa Dahal, who has exposed corruption in high places of the previous coalitions.&nbsp;
Shah’s appointment of another political adviser Asim Shah to the head Constitution Amendment Task Force, is also seen as problematic. He is a filmmaker and former lawmaker, but does not have a background in constitutional law.&nbsp;
Even more controversial is the Cabinet’s decision to appoint RSP Chair Rabi Lamichhane’s legal counsel, Narayan Kandel, as Attorney General. Kandel used to be a UK permanent resident, and does not have as much experience practicing law in Nepal.&nbsp;
Kandel’s appointment drew flak and raised eyebrows, and with the pending legal cases against Lamichhane this appointment represents a flagrant conflict of interest.
Health Minister Nisha Mehta was also accused of favouritism after reappointing Junu Shrestha, wife of Labour Minister Dipak Kumar Shah, as member of the Health Insurance Board which had earlier suspended her. The Labour Minister’s rambling rant at the Board’s meeting on Tuesday has not helped the RSP’s image.&nbsp;
(UPDATE: On Thursday, Prime Minister Shah sacked the Labour Minister after the RSP found him in breach of the party's code of conduct and discipline. He served 14 days in the Cabinet, one of the shortest tenures for a minister in Nepal )
It is hard to know what <a href="https://nepalitimes.com/news/ball-in-balen-s-court">Balendra Shah is thinking</a>, and how Rabi Lamichhane is going to justify some of these moves. After all, making politics, governance, and bureaucracy a meritocracy has been the core tenet of the RSP, and it risks alienating its mainly youth base if these missteps persist.
But at least for now, most RSP supporters seem to be giving the party the benefit of doubt.

Nepal’s new government springs into action

In a classic arc of political sociology, a revolutionary figure takes several decades to complete their cycle: mobilisation, institutionalisation, and finally governance. 
However, the timeline of this trajectory has been telescoped in the case of Home Minister Sudan Gurung, who in 2025 described himself as a social activist and volunteer, has gone from the barricades of the GenZ protests to the mahogany desk of the Ministry of Home Affairs.
Gurung is a personal pick of Prime Minister Balendra Shah, and played a pivotal role in getting him to join the RSP by mediating with Rabi Lamichhane. His journey serves as a real test bed for the ‘Outsider-to-Insider Transition’, raising a fundamental question about someone who now leads the very apparatus that he once fought against: the police, intelligence service, and the bureaucracy.
Social capital can indeed be built during a crisis exacerbated by state failure, and that is where we first see Sudan Gurung — expediting relief delayed by systemic corruption and red tape. Gurung’s delivery aid through a social-media-driven volunteer network bypassed the government. 
Whether or not he really rushed a dying child to hospital after the 2015 earthquake does not matter, it has become an urban legend. 
His work evolved into the non-profit Hami Nepal in 2020, serving as a ‘parallel state’ mechanism that would later become central to his public identity. Later, his group sprang into action during the Covid crisis, organising oxygen cylinders and beds . He was there after flood disasters in Manang and Sidhupalchok, and even organised Rs15m worth of aid to Turkey after the 2023 earthquake. 
Moral Legitimacy became his primary source of power, and he strategically positioned himself as an alternative emergency response system. But the real rupture happened on 8 September 2025 when years of frustration, corruption scandals, lack of transparency and state accountability culminated in a rally that the next day descended into anarchy. 
There was no single leader. The movement was fully decentralised, but as elsewhere such upheavals produces a recognisable face. Among them was Sudan Gurung. Who despite being a millennial himself, became the most visible interlocutor of the GenZ movement. 
He negotiated with the state’s key actors, including the president and the Chief of Army staff, during the period of uncertainty When the country was on the brink. This led to the dissolution of parliament and the formation of the interim government under Sushila Karki, paving the way for the election on 5 March.
Since then, Sudan Gurung’s role has become contradictory. Within days of touching Prime Minister Karki’s feet after her swearing in, he was at the gates of Baluwatar spearheading midnight demonstrations calling for her resignation. He accused her and Home Minister Om Prakash Aryal of not consulting the youth over Cabinet appointments and not arresting the previous government officials.
This oscillation became a hallmark of Gurung’s own version of the ‘Radical Flank Effect’ — erratic behaviour to force the establishment to make concessions. 
On 18 January Gurung formally joined the RSP, and started campaigning from his home constituency of Gorkha-1. He won decisively and was appointed home minister by Balendra Shah. The transition was complete. 
As minister his role spans core security areas: overseeing internal security through the Nepal Police, Armed Police Force and the intelligence bureau. The man who took part in anti-government rallies is now in charge of the riot police that aresupposed control anti-government protests.
His portfolio also handles state administration matters such as citizenship, immigration, and border security, coordinates with the judicial system on prisons, detention, and policies related to punishment and clemency. For example will be overseeing the fraud case against his own party’s chair, Lamichhane.
In his book Power in Movement, political scientist Sidney Tarrow observes that social movement leaders encounter ‘institutional capture’ upon entering government. In a sociological paradox, the man who previously denounced the police for killing youth protesters is now the person who issues directives to those same forces.
Preventive detention, surveillance, and the control of public festivals are the same instruments that the former old guard employed to stifle his movement. The activist who demanded transparency at the B P Koirala Institute now manages the state’s most secretive security apparatus.
In this arc, Gurung is not alone, there are parallels around the world for leaders emerging from the ashes of revolt. It is not so much a prediction, but for Gurung the challenge is even more acute because youth expectations are so high.
The bar for performance has been raised by citizens demanding change and quicker, more efficient service delivery. He is under constant public scrutiny, which is why he has to take YouTubers every time he goes on inspections of the airport, the BP Highway, police stations, picking trash on the sidewalks or meeting the Swiss ambassador to ask about repatriating the ill-gotten wealth of politicians.
Sudan Gurung is facing intense public glare. There have been calls to reveal the truth behind Hami Nepal’s finances, the alleged links to Free Tibet, and lately not paying five years of rent for an illegal lakefront property in Pokhara. 
As minister, he will find that moral legitimacy alone is no longer sufficient, it must be reinforced by transparent and consistent institutional accountability. Sudan Gurung’s ascent is evidence that the public mostly trusts ‘outsiders’ during times of crisis. However, history also cautions us that the state only permits ‘insiders’ to operate. 
Gurung will have to organise systemic reform to inject the transparency of his volunteer days to the Home Ministry’s traditionally secretive disbursements. If he fails, he runs the risk of validating Michels’ Iron Law of Oligarchy, which would serve as a warning about how revolutionary energy is dissipated by the very structures it was intended to overthrow.
Nepal is watching the man who said he once held a dying child in his arms after an earthquake. The volunteer has become the Warden.
Nischal Raj Gautam is a student of Media Studies and Mass Communication at St. Xavier's College, Maitighar. He is a member of the EU Delegation's Youth Sounding Board (YSB), and a journalist for TheirWorld's The Education Issue 2026.

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