<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

Fenerbahçe Beko won the Turkish Airlines EuroLeague finals in Abu Dhabi, held 23-25 May, defeating Monaco 81-70 in the final. Olympiacos, who defeated Panathinaikos 97-93, finished the series in third place. The Most Valuable Player (MVP) of the final match, Nigel Hayes-Davis from Fenerbahçe Beko, received a prize of 1,000,000 Miles&amp;Smiles from Turkish Airlines’ Chief Commercial Officer Ahmet Olmuştur. The carrier has been the title sponsor of the Turkish Airlines EuroLeague, a top tier tournament, since 2010.

Turkish Basketball

In the black and white photograph, General Wangdu smiles broadly in front of the dusty cactus garden in Kathmandu’s Annapurna Hotel. With an ill-fitting jacket and shaggy hair he looks benign enough, but this was the last leader of the Tibetan freedom fighters who led the resistance against the Chinese from their remote mountain hideouts in <a href="https://nepalitimes.com/here-now/comings-and-goings-in-mustang">Mustang</a>. Five months later, Wangdu was dead. Snapped in March 1974, I had only recently arrived in Nepal. How did I meet this legendary fighter? Possibly with his devoted camp follower, Lynne Klapecki, and probably in the Om Restaurant near Freak Street which was the preferred <a href="https://nepalitimes.com/banner/hippie-trail-nostalgia-in-kathmandu">hippie hang-out</a>. Om Lobsang and his brother Yeshe were <a href="https://archive.nepalitimes.com/page/earthquake-brings-back-memories-of-camps-for-tibetan-refugees">refugees from East Tibet </a>whose cafe offered a friendly welcome and<a href="https://nepalitimes.com/multimedia/momo-loco"> the best momos</a> - they became my in-laws after I married their eldest brother Tenzin, but that was a decade later.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_4573b34282b0f5395c007243d6bef12c7ba76bfd520419e994cdcea048d795a1.jpg" data-media-id="editor_4" data-image-id="2025052403054_4573b34282b0f5395c007243d6bef12c7ba76bfd520419e994cdcea048d795a1" data-rendition-name="original" width="1000" height="1583" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>Photo: LISA CHOEGYAL</figcaption> </figure>  Wangdu’s English was enthusiastically rudimentary, but even riding around town with him on the back of an aging <a href="https://nepalitimes.com/here-now/kathmandu-s-new-motorbike-museum">motorbike</a>, he was a commanding presence. Always flanked by armed outriders, impressive scars marked his forearms and a pistol hung from the cord around his neck. A charismatic guerrilla leader, Wangdu was celebrated by his followers for his tough commitment and respected for his measured pragmatism. He seemed so young to have shouldered such a responsibility of command, leading hundreds of hardened <a href="https://archive.nepalitimes.com/article/nation/50-years-after-the%20raid-into-Tibet,1012#google_vignette">Khampa combatants </a>through what had been a particularly <a href="https://nepalitimes.com/news/heavy-snowfall-over-nepal-himalaya">brutal winter in Mustang</a>, the last bastion to hold out against the Chinese invasion of their Tibetan homeland.&nbsp; The freedom fighters of Tibet, known as the Chushi-Gangdruk, had emerged to resist the <a href="https://nepalitimes.com/editorial/territorialism">Chinese takeover</a> of Tibet during the 1950s. Estimated to be 80,000-strong at the time of <a href="https://nepalitimes.com/here-now/what-or-who-after-the-dalai-lama">the Dalai Lama</a>’s final escape to India in 1959, the sheer number of Chinese deployed into Tibet eventually forced the Chushi-Gangdruk to retreat to Mustang, From this high Himalayan stronghold, they continued cross-border raids on the Chinese People’s Liberation Army (PLA) throughout the 1960s.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_8a4a935ba25ae79dc3a63bb5c14626927020e5ec098093c45ccb9a5982e009fd.jpg" data-media-id="editor_10" data-image-id="2025052403054_8a4a935ba25ae79dc3a63bb5c14626927020e5ec098093c45ccb9a5982e009fd" data-rendition-name="original" width="1114" height="676" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>Guerrillas known as the Chushi-Gangdruk emerged to resist the Chinese annexation of Tibet during the 1950s. Photo courtesy: MIKEL DUNHAM</figcaption> </figure>  Their Kathmandu base was a small discreet lodge in a back lane near Rani Pokhari. Sipping sweet tea from a blue mug with a chipped lid, I sat bemused in a corner of the Mustang Hotel room whilst Wangdu and his cohorts received a battered brown suitcase from their CIA connection, a tousle-haired American in a leather jacket. Heaved onto the dingy bedspread that covered the thin mattress, it was clicked open to reveal piles of neatly stacked dollar bills.&nbsp; I cannot think why Wangdu allowed me to witness this handover but I was clearly no threat, a newly arrived world traveller with no understanding of the stakes nor any Nepali or <a href="https://nepalitimes.com/multimedia/tibetan-music-in-nepals-sacred-valley">Tibetan language</a>. Despite armed guards in the corridor,Wangdu radiated confidence and bravado, and there was a practiced familiarity to the tense transaction. This deadly dance for many years had been funded by the Americans, tolerated by <a href="https://nepalitimes.com/here-now/the-kingdom-within-a-republic">Mustang’s residents</a>, and permitted by King Mahendra and the Nepali authorities who it suited to turn a blind eye.&nbsp; But Mahendra died in 1972, and times were changing. Richard Nixon’s ping-pong diplomacy thawed the cold war and signalled a fresh entente with China. Nepal’s yet-to-be-crowned <a href="https://nepalitimes.com/here-now/if-birendra-was-alive-nepal-could-still-be-a-monarchy">King Birendra </a>was under pressure to curb the irritating incursions against the PLA launched from the Nepali territory of Mustang. Keen to appease his northern neighbour, on several occasions the King summoned Wangdu for peace talks but, despite increasingly overwhelming odds, Wangdu refused to surrender.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_a8efd5cfb92cd997bd7cb74296a936fef46e2f7428f9cd642b03f1ac4ea11ecb.jpg" data-media-id="editor_14" data-image-id="2025052403054_a8efd5cfb92cd997bd7cb74296a936fef46e2f7428f9cd642b03f1ac4ea11ecb" data-rendition-name="original" width="1055" height="885" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>General Wangdu flanked by two Tibetan resistance fighters in Mustang in the 1970s. Photo courtesy: MIKEL DUNHAM</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_75969125a745847a2ef82b6fe8b9106c0b21a116d85b8efdf5d2ee89a347bb31.jpg" data-media-id="editor_15" data-image-id="2025052403054_75969125a745847a2ef82b6fe8b9106c0b21a116d85b8efdf5d2ee89a347bb31" data-rendition-name="original" width="1044" height="792" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>King Birendra with General Wangdu (right in dark glasses) taken in 1974 possibly in Mustang after one of their few attempts at negotiation. Photo courtesy: RAJRNDRA KUNWAR</figcaption> </figure>  While I naively rode pillion around Kathmandu in the spring sunshine, Wangdu was in the midst of what turned out to be his final round of negotiations with the Nepal government. Refusing to cease hostilities with the Chinese, Wangdu must have suspected the cost of his decision, making his cheerful smile in the photograph all the more poignant and brave. It was only much later that I appreciated the significance of the moment. Wangdu had been sent to replace the first resistance leader in Mustang, Baba Gen Yeshe, a much derided corrupt character who stole money meant for his troops and exploited fleeing refugees by seizing their treasures. Baba Gen Yeshe never forgave Wangdu,and sought revenge in May 1974 by betraying him and his commanders to the Nepal authorities. Renewed Chinese incursions from the north, active PLA collusion with the Nepali forces under the new King, and treachery from within the Chushi-Gangdrukranks combined to seal their fate.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_e0987a7c90d76431b0d7d5e6115ebfe3dbda7ab939e5941e079c18d722e884c0.jpg" data-media-id="editor_16" data-image-id="2025052403054_e0987a7c90d76431b0d7d5e6115ebfe3dbda7ab939e5941e079c18d722e884c0" data-rendition-name="original" width="1400" height="769" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>British television journalists George Patterson and Adrian Cowell embedded themselves with Khampa guerrillas and accompanied them from Tsum Valley on a cross border raid on a Chinese Army convoy in 1964. Photo: ESSAYS ON NEPAL / SAM COWAN</figcaption> </figure>  Mikel Dunham, renowned author of Buddha’s Warriors, writes: ‘It is possible that Wangdu was waiting for some cue from the Dalai Lama’s government-in-exile in Dharamsala, India. It is equally possible – during that last, <a href="https://nepalitimes.com/multimedia/the-human-cost-of-nepal-s-yarsa-gold-rush?fbclid=IwZXh0bgNhZW0CMTEAAR31-Cqw8oyIwMPzf_35e4Skr0ululJvLf3_vDkzHn-AYG2h8uPw2rqqErg_aem_tGVn5coY1-jA7fze_xqhew">desolate winter </a>– that he made the decision to go out in glory rather than admit defeat. Over the last fifteen years, Wangdu had experienced Tibet’s organized resistance being squeezed and shoved around by every conceivable outside force.&nbsp; First they had been pushed out of their own country by the PLA; then they had been refused sanction while on <a href="https://nepalitimes.com/opinion/borderlines/nepal-india-trans-boundary-bonds?fbclid=IwAR0PpJ5zUEbwdug3g_U3ar6FUugngRY0S8Tl2v_7wqzrsHmXWcXsKjvL4t4">Indian soil</a>; then they were abandoned by the Americans because, apparently, Nixon wanted to make friends with Wangdu’s mortal enemies, the communists; then they had been betrayed by the vampiric Baba Gen Yeshe – a Tibetan and, even worse, a fellow Khampa; and now, finally Wangdu’s army was being evicted by the Nepalis. One thing was certain: Wangdu was a warrior. To imagine Wangdu simply giving up and settling down in the pacific squalor of a <a href="https://nepalitimes.com/here-now/elderly-left-in-bhutan-refugee-camp">refugee camp </a>was unthinkable.’  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_8fc1ffef4ae751628b90ae781b66e11e51e4fdde2787207c9042efbee345ce49.jpg" data-media-id="editor_20" data-image-id="2025052403054_8fc1ffef4ae751628b90ae781b66e11e51e4fdde2787207c9042efbee345ce49" data-rendition-name="original" width="500" height="746" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>The much derided Baba Gen Yeshe, the first Tibetan resistance leader in Mustang, who betrayed Wangdu for personal gain. Photo courtesy: MIKEL DUNHAM</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_b1d833cdb00d3ac4416b844d8730475cd88c238caaaf8da69889a584eea229a3.jpg" data-media-id="editor_21" data-image-id="2025052403054_b1d833cdb00d3ac4416b844d8730475cd88c238caaaf8da69889a584eea229a3" data-rendition-name="original" width="500" height="656" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>Aditya SJB Rana of the Royal Nepal Army whose team ambushed Wangdu and his cohorts at the top of Tinker Pass in Darchula, West Nepal. Photo courtesy: GAUTAM SJB RANA</figcaption> </figure>  By August 1974 the game was up. Wangdu and six of his exhausted party were killed on their horses by <a href="https://archive.nepalitimes.com/news.php?id=7270">the Royal Nepal Army</a> on the brink of escape. The officer in charge, Aditya SJB Rana, cleverly predicted their route into India after they failed to silence a police radio in Yari. A carefully laid ambush trapped them near the summit of the Tinker Pass in Darchula,at 5,000 meters the highest military operation of its time. Wangdu’s body was helicoptered to Kathmandu, and a big show made of the royal Nepal victory.&nbsp; The Tibetan armed insurgency against China had reached its end.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250524030520_3ff9c6fc85a65bc9a2c3afe9736d9f5f9413de752e790a5d9dca0981ea94f9b4.jpg" data-media-id="editor_23" data-image-id="20250524030520_3ff9c6fc85a65bc9a2c3afe9736d9f5f9413de752e790a5d9dca0981ea94f9b4" data-rendition-name="original" width="1136" height="702" loading="lazy" alt="The last days of the Khampa NT"> </figure>

The Last Days of the Khampa

Starting 17 September Turkish Airlines will fly daily to Seville, one of Spain’s major tourist draws. This is Turkish’s sixth destination in Spain after Madrid, Barcelona, Valencia, Malaga, and Bilbao. Seville is in the Andalusia region on Spain’s south coast with a rich Moor history. There are approximately 30,000 Nepalis living in Spain.&nbsp;

Turkish to Seville

The newly-formed Himalayan Art Council is set to launch Nepal’s National Art Protection Platform that seeks to preserve <a href="https://nepalitimes.com/banner/the-history-of-heritage">Nepal’s unique cultural heritage </a>using<a href="https://nepalitimes.com/here-now/artificial-censorship"> AI-powered tools</a>. The Council seeks to safeguard <a href="https://nepalitimes.com/banner/nepali-art-going-places">Nepali art works</a> from neglect, theft and counterfeiting as well as preserve existing artwork and celebrate living masters by giving them a cultural space to continue the <a href="https://nepalitimes.com/banner/sacred-survival">sacred art traditions</a>. "We are introducing a new digital platform designed to preserve, verify and elevate <a href="https://nepalitimes.com/banner/nepals-new-generation-of-alternative-artists">Nepal’s art for generations to come,</a>” says a statement from the Council, adding that the digital platform will use AI told for authentication and blockchain to keep track of works of art. Artists can now be protected by <a href="https://nepalitimes.com/multimedia/ayo-ai?fbclid=IwAR1uwmTVq4gUB70ljfRezjzukD9ArWXPuMnUikopeQ8PoiZMjicToPSwhKE&amp;=1">AI tools</a> that detect forgeries, identify their work even when unsigned, and ensure they receive proper recognition and credit. The archives will be searchable with translated inscription and interactive guides. Says curator Meena Lama: “AI and blockchains are tools that give us the power to detect fakes and identify unsigned paintings and track every piece. With these tools we can restore trust, secure authorship and give artists the dignity they deserve.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250514170544_2ab58f6313c0458f75114a692b0016bd9efb3b59d5f8f07f0da72e1e37b82f53.jpg" data-media-id="editor_6" data-image-id="20250514170544_2ab58f6313c0458f75114a692b0016bd9efb3b59d5f8f07f0da72e1e37b82f53" data-rendition-name="original" width="1300" height="1000" loading="lazy" alt="Artwork at the Traditional Art Exhibition at Patan Museum."> <figcaption>Artwork at the Traditional Art Exhibition at Patan Museum.</figcaption> </figure>  The Council is also holding an exhibition of Nepali cultural masterpieces with 50 historical <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/Buzz-the-art,671">thangka and paubha </a>by past masters and <a href="https://nepalitimes.com/review/between-the-sacred-and-everyday">contemporary works by current artists</a>. This curated collection is a living tribute to <a href="https://nepalitimes.com/here-now/when-yaks-go-so-does-culture">Himalayan culture</a> with economic depictions of deities, mandala and sacred narratives. The exhibition at <a href="https://nepalitimes.com/multimedia/a-portal-into-patan-s-past-and-present">Patan Museum</a> also provides an opportunity to meet painters and custodians of art and culture. Read also: <a href="https://nepalitimes.com/review/golden-deities">Golden deities</a>, Sewa Bhattarai ‘The exhibition is only the first step in a long journey to ensure that Nepali art is no just seen but fully understood, <a href="https://archive.nepalitimes.com/article/nation/Narratives-of-Faith-and-Memory-Remembering-the-Lost-Sculptures-of-Kathmandu-exhibition,987">protected and remembered</a>,’ the Council says. Artist Kailash K Shrestha of Artudio has spent decades promoting thankha and paubha traditions because of their beauty and devotional meaning. But he also says artists are underpaid, exploited and ignored. He adds, “AI and blockchain are not just buzzwords, they are powerful tools that can protect Nepal’s artists from fraud, verify authenticity and build a permanent record of provenance.” Traditional Art Exhibition Till 17 May Patan Museum

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