<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

Thousands of Nepali students dreaming of an American education have been forced to look elsewhere as the Trump administration’s visa restrictions make their future uncertain.
The US was long considered a top destination for higher studies, making Nepal the 10th biggest country of origin for international students in America.&nbsp;
However, that number has seen a significant decline with the total for Nepali students now at 16,482. Some 8,000 Nepali students obtained no-objection certificates to study in the US from the Ministry of Education in the past year.&nbsp;
India, Australia, Canada, South Korea, United Kingdom and Japan are the other popular destinations for Nepali students. There are no clear numbers for Nepalis going to India, but a slight decline was noted this year after the deaths of two female students.
The US State Department has issued a circular to its embassies not to issue new visas to applicants until further notice. US Secretary of State Marco Rubio in the directive stated that the department planned to expand the screening of applicants' social media.&nbsp;
While new applicants are barred including those applying for visitor visas, students with scheduled interviews are allowed to proceed.
“Many of our students are affected by the new restrictions, but those who had applied for student visas earlier have got interview dates,” one Kathmandu-based college counsellor told us.
Meanwhile, even foreign students with spotless records already in the US have not been spared, as visa scrutiny intensifies under the new policy. In a move that underscores the growing sense of insecurity, many US colleges advised international students to carry their passports and documents at all times, even when traveling locally.
“Me and my friends did not go home this summer because we were not sure we would be allowed back, so we just went to Niagara Falls,” said a Nepali undergrad in Ohio, who like many interviewed for this report did not want her name used for fear of repercussion.
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Nepali students have adopted a cautious stance, with many choosing not to return home during summer vacation due to fear of visa revocations as well as travel bans. Meanwhile, over 7,000 Nepalis with Temporary Protected Status (TPS) will have to come back to Nepal by 5 August or face deportation. Thirty-seven were flown back to Kathmandu on Omni Air last week.
“The US is one of the most sought-after destinations for higher education, and the ban will definitely impact bright students,” says Narottam Aryal of the King’s College in Kathmandu.
Indeed, Nepali undergraduates admitted into Ivy League colleges for the 2025 academic year have been asked to look for alternatives. The entire Fulbright Foreign Scholarships Board resigned on Wednesday citing interference from the Trump administration on the selection of this year’s cohort. Some Nepali students already on Fulbright scholarships have noted disruptions, delays and even cancellation of stipends.&nbsp;
The student visa restrictions were initially just for foreign students admitted to Harvard University, but it was later extended to all Chinese students and now to all students. Universities like Columbia which actively recruit foreign students, face sharp enrolment declines, threatening their financial stability and diversity.
An Indian female PhD candidate at Columbia University had her visa revoked by the US State Department, and said she was targeted on the basis of her social media posts on Israeli military attacks in Gaza. Social media vetting of political activism has raised concerns about privacy and freedom of expression in a country where such rights were a given.
Many students have been informed via email that their visas have been revoked for getting speeding or parking tickets, but even others with no criminal record have been affected. The fear of deportation looms large amongst international students, including those from Nepal.&nbsp;
For most Nepalis who migrate to the US for education, the journey is a high-stakes investment. They come largely from middle-class families, often rely on a patchwork of scholarships, work-study programs, loans, or even the sale of family assets to afford fees.
Most Nepali students pursue STEM subjects which offer extended Optional Practical Training (OPT) periods that help fund their education. But with the US backsliding on education and humanitarian matters, countries like the UK and Canada are becoming more attractive despite their own recent stricter controls on student visas.&nbsp;
The UK universities saw a 63% rise in Nepali students’ admissions in 2024. Japan is another popular destination with 64,816 Nepali students enrolled as of 2024.
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Already, China, Hong Kong and Malaysia are poised to benefit from the increased scrutiny of US student visas. Several Hong Kong universities are offering unconditional admission to affected students, while Malaysian institutions are targeting previously US-bound Asian students. China and India have 330,000 and 280,000 students respectively in America, but the numbers for China have seen a sharp drop in the past year.
Elsewhere, branch campuses of American institutions such as NYU in Abu Dhabi, Georgetown in Dubai and Northwestern in Doha are getting more admission applications, and universities in the Gulf region are expanding infrastructure to accommodate those who would otherwise have gone to the US.&nbsp;
Even educational institutions in Nepal are hopeful that the US visa restrictions can be an opportunity to at least keep Nepali undergrads in Nepal, and also attract foreign students from the region.&nbsp;
“Many students might choose to complete their undergraduate degree here in Nepal and then move abroad for their Master’s degree later,” says Aryal of King’s College. “There was a need for quality higher education in Nepal anyway in terms of innovation and opportunities, so this could be the time to reduce our dependence on other countries.”
Nepal’s strategic position between India and China makes it sensitive to US policy shifts. India, a key ally, is also under US scrutiny for potential student travel restrictions. Chinese universities are already offering more scholarships to Nepali talent to capitalise on the US retreat.
American universities have challenged student visa restrictions in the courts. A federal court in Boston revoked the blanket ban on Harvard, and the State Department has ordered the resumption of processing student and exchange visitor visas.&nbsp;
Some are still hoping that President Trump will backtrack on the student visa restrictions, just like he has done with many of his more drastic executive orders.
Even so, the visa see-saw and longer-term uncertainties about living in the United States and its education system means students across the world are making alternative plans.
Says Aryal: “Policies of foreign countries change according to their needs, so excessive dependence was never a good idea. We should work to create different opportunities and choices of higher education within Nepal, so students are retained.” &nbsp;

America no longer prime destination for Nepali students

While Nepal was hosting the Sagarmatha Sambaad international climate conference in Kathmandu this month, on Mt Everest it was pretty much business as usual.&nbsp; The signs of climate breakdown are all there: a river now runs through Base Camp in summer, the Khumbu Icefall is more unstable, and there are more &nbsp;frequent avalanches. When expeditions arrived in March, the mountains were bare: it had not snowed since September, but then blizzards dumped unseasonal snow in May. And despite climate worries, such is the pull of Himalayan mountaineering that the Everest Industry showed no signs of slowdown. More than 600 international climbers and their Nepali guides had made it to the summit of the world’s highest mountain. At one point there were an estimated 2,000 people in the tent city on the Khumbu Glacier. All the ropes and ladders on the Icefall came down on Thursday, marking the official end of the spring climbing season, and just in time to avoid a monsoon cyclone approaching from the Bay of Bengal. It has been an action-packed season. One factor could be that Everest fees will go up from September: each foreign climber needs to pay a $15,000 royalty, up from the present $11,000. The cost for a Nepali climber on the South Col route will also go up: from Rs75,000 to Rs150,000.&nbsp; The fee to climb Everest in autumn is $7,500 (up from $5,500), but most climbers still prefer spring. Winter permit fee (December-February) is only $3,750 per person and the mountain is now also open for monsoon (June-August) climbs, when the fee is ever lower at $2,750. The revised rule also makes it mandatory for every two climbers on an 8,000m peak to hire one Nepali mountain guide.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046.jpg" data-media-id="editor_0" data-image-id="2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046" data-rendition-name="original" width="931" height="732" loading="lazy" alt="The Everest Industry graph 1"> </figure>  In addition, climbers also have to pay for porters and guides, equipment, Base Camp costs, Ice Fall and fixed rope team fees, so climbing Everest does not come cheap. But such is the draw of climbing the world’s highest peak that some say the increased fees will not diminish the crowds next year. The government has tried to spread expeditions out to other seasons and other 8,000ers, but with not much success. Earlier this year, Nepal unilaterally increased the number of 8,000m peaks to 14 by adding six more sub-summits to broaden the choice for climbers. Added were: Yalung Kang (8,505m), Yalung Kang West (8,077m) &nbsp;Kangchenjunga Central (8,473m), Kangchenjunga South (8,476m), Lhotse Middle (8,410m) and Lhotse Shar (8,400m).&nbsp; The announcement could go against the accepted topographic criteria that a stand alone peak has to be at least 300m higher than an adjoining prominence, and at more than 3km isolation from it. The UIAA (Union Internationale des Associations d'Alpinisme) still recognises only 14 mountains as eight-thousanders, and only eight of those are in Nepal, or on the border with China. Nepal’s revised mountaineering regulations also increased the insurance coverage of high-altitude workers to protect porters and high altitude guides who usually take more risks on the mountains. Rescue teams and clean-up campaigners to collect trash and remove bodies of dead climbers up to Camp IV of Mt Everest do not need permits.&nbsp; The Sagarmatha Pollution Control Committee is now using drones to fly down trash in 20kg sacks. Each climber is also required to bring down at least 6kg of waste and not just their own, but this rule is erratically enforced. With five fatalities on Everest and Lhotse, Spring 2025 had a historically low death toll. Another five climbers died on Annapurna, Kangchenjunga and Makalu.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a.jpg" data-media-id="editor_1" data-image-id="2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a" data-rendition-name="original" width="665" height="740" loading="lazy" alt="The Everest industry graph 2"> </figure>  Journalist Ben Ayers who ran the Everest Live social media channel from Everest Base Camp with daily updates credited the low death rate to dramatic rescues of climbers from the ‘Death Zone’ by their Nepali guides and longline helievacs — the visuals all uploaded on YouTube.&nbsp; “Ironically, this perception of safety is bringing more and more inexperienced climbers to the mountain, and they need more rescues,” Ayers said in one of his dispatches.&nbsp; American expedition chronicler and summiteer Alan Arnette suspects there is a lot of under-reporting given that the jet stream and storms were lashing Everest even till late in the season. He told us: “I heard a lot about frostbite and rescues that were not made public. It’s become practically impossible to cover the details on Everest. All the teams report nice news, and they don’t talk about bad stuff to avoid hurting businesses.” Although trash on Nepal’s mountains makes headlines, what does not receive as much attention is the climate impact of so many expeditions. The Sagarmatha Sambaad conference sidestepped this issue, which is ironic given that the impact of climate breakdown is most evident on Himalayan peaks and their glaciers.&nbsp; <h2>Need for Speed</h2> The big stories this year have been about speed-running from their home cities to the top of Everest. Ukrainian entrepreneur Andrew Ushakov flew out of JFK on 15 May at 10:15AM Nepal time, and was on the summit 3 days, 23 hours, and 7 minutes later on 19 May at 9:22AM.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885.jpg" data-media-id="editor_2" data-image-id="20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885" data-rendition-name="original" width="1440" height="1800" loading="lazy" alt="The Everest Industry"> <figcaption>Andrew Ushakov at the summt. Photo: ELITE EXPED</figcaption> </figure>  “I could never find the time for the traditional 40-50 days of acclimatisation,” Ushakov explained matter-of-factly. His ‘Everest Sea-to-Summit’ climb was possible because he spent 400 hours in hypoxic sleep tents over the past four years in New York. However, Ushakov did use ropes already fixed, hired four Nepali guides, helicoptered to Base Camp, and used much more oxygen than an average climber. And after the climb, Ushakov was arrested at Kathmandu airport for being in possession of $20,000 of undeclared cash and spent a night in jail and fined $60,000.&nbsp; The other speedsters were Garth Miller, Alastair Cairns, Anthony Stazicker, and Kev Godlington, all former British Army commandos. They left London and summited five days later on 21 May, and flew right back. They also used hypoxic tents to simulate the thin air high on Everest.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8.jpg" data-media-id="editor_3" data-image-id="20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8" data-rendition-name="original" width="810" height="668" loading="lazy" alt="The Everest Industry "> <figcaption>All four members of the Furtenbach team at the summit. Photo: Sandro Gromen-Hayes</figcaption> </figure>  But more controversial was their use of xenon gas therapy in a German hospital to ramp up the production of oxygen-carrying haemoglobins in their blood. Xenon is banned by the World Anti-Doping Agency for being performance enhancing in sports. Expedition leader Lukas Furtenbach said this rule does not apply to mountaineering, as it is not a regulated sport like swimming. Nepal has no rules about xenon, but the Department of Tourism said it was launching an ‘investigation’ to decide on future policy since it is difficult to ban xenon, but allow oxygen. The controversy has also divided the mountaineering community, with some climbers saying they just want to maximise their chances of survival. Spending less time on the mountain could make climbing safer by reducing avalanche risk. It would also mean less trash on the mountains, but it would reduce the income of Nepal’s expedition industry. It is also unclear how much of the success was due to xenon therapy and whether the ex-special forces were already in good physical shape.&nbsp; The need for speed hides the fact that climbing in the Himalaya is dangerous business, and climbers cannot sprint to the top just by huffing xenon. But ultra-fast climbs could be charged more, and the revenue generated can be used to establish state-of-the-art rescue operations, and increase pay and insurance for guides. Two other speed chasers this season were Swiss-Ecuadorian Karl Egloff and American Tyler Andrews, both on Everest without oxygen. Andrews choppered to Base Camp to catch a weather window, but turned back from 8,500m due to high winds. Heavy snow and wind also forced Egloff to descend from 7,000m. Slow and steady climbers like Anja Blacha from Germany did make it to the summit without oxygen, while Kami Rita Sherpa broke his own record with his 31st Everest summit as he led a 26-strong Indian Army group. There were 468 permits issued for foreign climbers from 48 expeditions to Everest this spring. Nepal’s other eight-thousanders together had only 17 expeditions. Nepal has more than 1,000 peaks above 6,000m, and has opened only 476 of them for climbing.&nbsp;

The Everest Industry

While Nepal marked <a href="https://nepalitimes.com/news/mt-everest-pvt-ltd">Mt Everest</a> Day on 29 May, on the other side of the planet in the US state of Colorado dozens of Nepalis who have climbed the world’s highest peak multiple times were busy working as chefs and Uber drivers. Among them is Nima Doma Sherpa, who climbed Mt Everest in 2019 after her husband Tshering Wangchu was among 16 crushed by an avalanche on <a href="https://nepalitimes.com/banner/on-thin-ice-in-the-khumbu">the Khumbu Icefall</a> five years earlier. A large serac broke off the West Shoulder of <a href="https://nepalitimes.com/news/the-everest-industry">Mt Everest </a>and fell directly on a group of <a href="https://nepalitimes.com/opinion/more-porters-sick-on-everest-trail">porters and guides</a> making their way up the Icefall at 5,800m. Their bodies were flown by helicopter to Khumjung where Tshering Wangchu was born. He was excited about climbing Mt Everest for the first time.&nbsp; In Khumjung, Nima Doma felt like her own life had also ended. This was the kind of news Sherpa wives, mothers and sisters dreaded every <a href="https://nepalitimes.com/here-now/peak-climbing-season-2025-s4abrxny">mountaineering season</a>. She stayed home for more than two years grieving, but ultimately gathered up all her emotional strength to take care of her 6-year-old son and 3-year-old daughter. Nima had grown up in Khumjung hearing <a href="https://nepalitimes.com/review/stories-of-nepal-s-summiteers">tales of adventure on the mountains </a>from their father, Ang Chubi Sherpa who had climbed Everest in 1993. He used to bring her and her sisters and brother European chocolates after every expedition, and used to tell them that the chocolate bars grew on the mountains. “It was only after we got older did we realise that he told us that chocolates grew in the mountains so we would not worry about him putting himself in harm's way,” Nima Doma recalled with a faraway look at her home in Boulder this week. Nima went to the school that <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/commemorating-edmund-hillary-in-nepal,4145">Edmund Hillary</a> opened in Khumjung till Grade 8, and then dropped out to help in the kitchen and <a href="https://nepalitimes.com/here-now/when-yaks-go-so-does-culture">tend yaks</a>. She was married off to Tshering Wangchu, who was also a high altitude guide. When Tshering went on expeditions, Nima also started working as a porter from Namche to Base Camp. It was perhaps her father’s tales of mountains of chocolates that had always attracted her to <a href="https://nepalitimes.com/here-now/knowing-our-mountains-43v4iyvo">the peaks</a>. After her husband was killed ten years ago this month, being a widow with children was not easy for Nima Doma. But she was not alone: there were at least 200 single mothers in <a href="https://nepalitimes.com/here-now/khumbu-since-1950-jaww4qn0">the Khumbu</a>, and 20 of them just in Khumjung whose husbands had been killed in <a href="https://archive.nepalitimes.com/article/nation/tragic-start-to-himalayan-spring-nepal,3695">mountaineering accidents</a>. Some were not even 20 years old, and had children growing up without fathers. But there were also women in the 50s whose husbands had been killed in the 1980s. Nima found sponsors for her children’s education, and moved to Kathmandu. In the capital, Sherpa widows used to meet to help each other. Some of them had joined the Nepal Mountaineering Association (NMA) training for rock and ice climbing. “I decided that it was no use sitting home and crying anymore, after meeting other single mothers I felt less alone,” remembers Nima, who joined the Juniper Foundation and enrolled in an NMA training camp in Manang. There she climbed Chulu East (6,584m) and met Furadiki Sherpa, whose rope-fixing husband had also been <a href="https://nepalitimes.com/news/on-mt-everest-s-70th-records-and-fatalities">killed on Everest</a> in 2013. They set themselves the goal of climbing Everest one day, and started a fund-raising drive.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530090544_621be0724b9182c8e3594b2c562a71ec32ac01d985a71d0cf31646de9d51e15a.png" data-media-id="editor_12" data-image-id="20250530090544_621be0724b9182c8e3594b2c562a71ec32ac01d985a71d0cf31646de9d51e15a" data-rendition-name="original" width="2678" height="1274" loading="lazy" alt="Everest summiteers find new life in the US"> </figure>  “We decided we had to overcome society’s stigma of <a href="https://archive.nepalitimes.com/article/nation/widows-personal-happiness-comes-last-in-face-of-social-financial-hardships,1855">widowhood</a> and prove that <a href="https://nepalitimes.com/here-now/remembering-junko-tabei">women could also climb mountains</a>,” Nima said, adding that she was inspired by Nepal’s first woman Everest summiteer Pasang Lhamu Sherpa, who died during her descent in 1993. Nima Doma and Furdiki climbed the technically-difficult Ama Dablam (6,812m) and then arrived at Everest Base Camp in April 2019 as part of their Two Widows Expedition with the motto, ‘So Can We’. While climbing up the Icefall Nima passed the spot where her husband had been killed. It was a jumble of constantly-shifting ice blocks bigger than houses. She closed her eyes and said a prayer. “I remember thinking, this is so difficult and dangerous. This is what my husband had to do to support our family,” Nima Doma said. “I was determined to fulfil my husband’s dream of climbing Chomolungma, and to prove to ourselves that we two women could do it.” It was 23 May 2019 when <a href="https://www.reuters.com/article/world/two-sherpa-widows-scale-everest-and-smash-stigma-idUSKCN1SU0MV/" target="_blank">Nima and Furdiki stepped on the summit</a> and looked over into Tibet, and down at Tengboche Monastery to the south.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530090544_6b822582b5d88ba5e972db084f184690b40653c6efd9901b2dd082ffba2a263b.png" data-media-id="editor_16" data-image-id="20250530090544_6b822582b5d88ba5e972db084f184690b40653c6efd9901b2dd082ffba2a263b" data-rendition-name="original" width="2700" height="1522" loading="lazy" alt="Everest summiteers find new life in the US"> </figure>  Nima Doma hugged Furdiki, took off her mask and wept. But for the first time in five years, it was not from grief but relief — relief for being free of all the sadness and sacrifices and for fulfilling her husband’s dream. They had found <a href="https://nepalitimes.com/here-now/life-after-death">life after death</a>. “I felt this immense joy to be on top of the world, it was indescribable,” Nima Doma said, “I have wept only twice in my life. Once when my husband died, and once there on top of Everest.” The tears had frozen on Nima Doma’s cheeks, as she and Furdiki headed back down the mountain.