The waning faith of the public in Nepal's courtrooms and (in)justice delivered should invoke a debate in the legislature about what the fundamental philosophy of our legal system should be. When foreigners ask us what legal system Nepal follows, we lawyers stumble a little and repeat what we were all taught in law school: ‘It is mixed with influences from the common legal system, civil legal system and Hindu legal system.’ Since Nepal was never colonised we have not fully embraced either the civil legal system from continental Europe, nor common law from Britain. Until 1990, the legal process resonated more with civil law traditions, then switching abruptly to common law practices. There has not been much legislative discourse on why we had that change of heart.&nbsp; Take a <a href="https://nepalitimes.com/opinion/i-speak-nothing-but-the-truth-your-honour">criminal trial</a> as example. The basic premise of the adversarial format is that judges sits as neutral umpires in trials. They use the arguments, facts and evidence produced by defense lawyers (representing the suspects) and prosecutors (representing the victim) to reach a decision and ruling. Compare this to a judge in a civil law/inquisitorial tradition. The judge is an active member of the trial process who participates in fact-finding public inquiry by questioning defence lawyers, prosecutors, and witnesses. They can even order certain pieces of evidence to be examined if they find the presentation by the defense or prosecution to be inadequate. In Nepali criminal cases, the judge is neutral so the police and prosecutors are charged with gathering evidence. The law states that the prosecutor should supervise the police as they investigate a case to ensure the police use only legal methods to obtain information. Read also: <a href="https://nepalitimes.com/opinion/guest-editorial/false-equivalence-in-nepal-academia">False equivalence in Nepal academia</a>, Aastha Dahal However, in reality the police and prosecutors are too busy to coordinate with one another. They also tend to dislike each other. In most cases police investigation reports are copied in whole by the prosecutor who adds a few short paragraphs at the end. And that constitutes the charge sheet: the legal document which sets out which crimes a suspect has committed and should be punished for.&nbsp; When Nepal’s legal system was more inquisitorial before 1992, our trial procedure was governed by the 1961 Government Cases Act (Sarkari Mudda Sambandhi Ain 2017). Prosecutors who served under this law speak fondly about their partnership with the police.&nbsp; I have spoken to prosecutors who recall walking together with the police for hours and days across the rural mountains to examine crime scenes. Together they would examine bodies and draw up reports. They never forgot the smell of death. This practice was abruptly brought to a halt when the Government Cases Act 1992 (Sarkari Mudha Sambandhi Ain 2049) repealed the 1961 law. The new law was predicated on adversarial practice. The police did the investigation in the field, prosecutors now sat in their offices and gave directives to the investigation team. The shift in power dynamics did not sit well with the police. The relationship between police and prosecutors became frosty and disrespectful as they undermined each other.&nbsp; Read also: <a href="https://nepalitimes.com/opinion/comment/comparing-maina-sunwar-and-resham-chaudhary-cases">Comparing Maina Sunuwar and Resham Chaudhary cases</a>, Aastha Dahal What this means for a criminal case is that evidence is not verified for its thoroughness during investigation. The disintegration of the process continues into the courts. One of the primary methods of obtaining evidence in a criminal case within courtrooms is through the accounts given by witnesses of the crime. According to Nepali law witness answers must be verified by the opposing lawyers through cross-examination, and through the presiding judge.&nbsp; Alas, procedure is often completely subverted. The law expressly states that all witnesses who testify in court must be examined in front of a judge. The part that judges 'must preside' over these proceedings was written in the 2017 Muluki Criminal Procedure Code. This provision sought to rectify the longstanding practice in Nepali criminal trials whereby the judge is mostly absent from witness examinations unless the case involves the rich and powerful.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240305080344_fed47d470d051e9a554648b1b8a1dd4ed36b39ca2a2e619cb4f71137062619ec.jpg" data-media-id="editor_3" data-image-id="20240305080344_fed47d470d051e9a554648b1b8a1dd4ed36b39ca2a2e619cb4f71137062619ec" data-rendition-name="original" width="800" height="874" loading="lazy" alt="Nepali legal system"> <figcaption>Illustration: Bhanu Bhattarai/Nepali Times Archive</figcaption> </figure>  In practice, witness examinations are conducted by the administrative staff of the court. We are not taught how to conduct witness exams in law school or any legal professional training. So witness examination which tends to be critical to a criminal trial is just a formality. It feels particularly so when the court administrator snipes at us to finish questioning quickly, prevents us from introducing all witnesses we listed, and summarises what our witnesses say in their own often truncated language as opposed to verbatim. The judges have the power to question and verify statements but this is impossible when they are altogether absent from the proceedings. Read also: <a href="https://nepalitimes.com/opinion/comment/right-to-marry-in-nepal">Right to marry in Nepal</a>, Aastha Dahal In our 'mixed' legal system I've understood judges to have a varied perspective on their roles in the criminal trial. Many perceive themselves as neutral umpires envisioned in the common law adversarial system. Yet, some of their conduct says otherwise. For example, every day after 2PM in the District Courts, suspects arrested by the police are brought before a judge. The purpose of this meeting is to get permission from the judge to keep the suspect in detention as their case is being investigated.&nbsp; Nepal's Constitution mandates that these suspects should have their lawyers accompanying them. The judge has a role to ensure this. However, in most of these proceedings no lawyers are present. The judge curiously asks the suspect whether they committed the crime, how many kilos of drugs they carried. Action unpermitted by the adversarial common law philosophy of practice. &nbsp; If the leaning is towards the inquisitorial system and we argue that judges can be proactive then we do not have a system built for this either. Judges get cases they are to hear about an hour before the proceedings begin. They do not preside over evidence taking events such as witness examinations so they are realistically unable to control any part of the investigation or evidence gathering. Read also: <a href="https://nepalitimes.com/opinion/not-just-16-days-against-gender-based-violence">Not just 16 days against gender-based violence</a>, Aastha Dahal In this context, the legislator's role has to start from drawing out the philosophical basis of our legal system. Lawmakers needs to seriously consider whether it suffices to leave investigations to the police alone, or we need all parties like the prosecutors and judges taking on active roles in the investigative and trial processes. The fundamental consideration should be based on a practice that will increase the likelihood of getting to the truth and contribute to restoring public faith in our judiciary.&nbsp; The legislature of course need not be confined by influences of one colonial legal system or another. Like the International Criminal Court, it can draw lessons from major legal systems across the world, combine it with local experience to formulate a legal system and trial practice uniquely suited to Nepal.&nbsp; Aristotle said ‘the whole is greater than its sub parts’. Likewise, the opportunity to bring technology, critical thought and best practice to reform trials in Nepal is urgently needed.

Aastha Dahal

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Trials and tribulations

The <a href="https://www.nepalitimes.com/editorial/losing-our-moral-compass">Bhutanese refugee scam</a> passed the first phase of the trial in court vis-a-vis the bail hearing. All suspects pleaded not guilty to varying charges of cheating, organised crime, forgery and treason.
Sixteen suspects including former Deputy Prime Minister Top Bahadur Rayamajhi and his son Sandeep Rayamajhi, former Home Minister Balkrishna Khand, Ministry of Home Affairs Secretary Tek Narayan Pande, former security adviser to the Home Minister Indrajeet Rai and <a href="https://nepalitimes.com/editorial/the-tragedy-of-tek-nath-rizal-2g4dahmr">Bhutanese refugee leader Teknath Rizal</a> took the stand at the Kathmandu District Court. They explained how they are not involved in this crime. Rizal stunned the court with his final accusation that Khand, Rayamajhi and Pande were criminals.
No one was cross-examined.&nbsp;
Read also: <a href="https://www.nepalitimes.com/news/rot-at-the-top">Rot at the top</a>, Shristi Karki
Cross-examination is a process of questioning a suspect or witness when they speak in court. The opposing lawyer cross-questions the person on the stand to test the tenacity of their account by exposing weaknesses in their statement. Lawyers might also verify certain facts through it.
Professor John H Wignmore, considered an authority on evidence law, famously wrote that cross-examination is ‘the greatest legal engine ever invented for the discovery of truth’ as it forces people to answer questions they may not wish to. At the hands of skilled trial lawyers, it can expose lies methodically. Remember how American actress Amber Heard’s story unravelled once Johnny Depp’s lawyer cross-examined her.&nbsp;
In the Nepali trial, suspects almost always testify at the court. The Constitution grants them a right to silence but there is no need for most to exercise this right as they are not subject to any cross-examination.&nbsp;
Laws on criminal procedure state that the suspect should be questioned by the court. The legislature has not stipulated whether the authority to question lies with the presiding judge or with another court staff. Principles of fair trial would dictate that as suspects give evidence it should be done in front of a judge.&nbsp;
In our practice of law, suspects are questioned by the administrative staff of the court. The judge is often absent when suspects record their testimony. Except in cases like the <a href="https://www.nepalitimes.com/news/in-a-federal-kleptocratic-republic-of-nepal">fake Bhutanese refugee case</a> where the rich and powerful are on trial. For this case, Judge Prem Prasad Neupane listened to the testimony of all 16 suspects.
When suspects testify, they answer broad queries put to them by the court. Questioning resonates with how qualitative researchers investigate a participant’s story rather than grilling in a court of law.
One can speculate whether things would be different if the judges asked the questions as they do in many European countries. However, the idea of judges leading the questioning of suspects would be problematic under Nepal’s trial system.
Read also: <a href="https://www.nepalitimes.com/opinion/comment/comparing-maina-sunwar-and-resham-chaudhary-cases">Comparing Maina Sunuwar and Resham Chaudhary cases</a>, Astha Dahal
Last year, in a bid to mitigate corruption, cases started being allocated through the lottery to each judge. Each morning around 10:30AM judges are allocated cases they must hear for the day. The case hearings start at around 11AM. Judges have no time to study the case beforehand.
This is a contrast to trials in European countries where judges are actively involved in investigation and truth-seeking. Without serious study of the case, Nepali judges cannot realistically engage in a line of questioning that would help discern the truth from lies. Court administrators who tend to question the suspects are not trained in trial practice or interviewing.
Moreover, what makes the Nepali criminal trial further problematic is the fact that only the suspect evades cross-examination. If a victim of a crime or a witness is put on the stand they are cross-examined.
Nepali evidence law is clear. Only answers that are obtained through cross-examination can be admitted as evidence in a trial. There is no exemption for the suspect in the Evidence Act (1974). However, the Criminal Procedure Code (2017) signals an inconsistency with the Evidence Act by stipulating that the court, as opposed to lawyers, should question the suspect. Suspects’ answers untouched by cross-examination are then admitted as evidence.
There is an argument put forth by some lawyers and judges that the function of the suspect’s testimony in court is to verify what they said when interviewed by the police. As part of police investigations, suspects are interviewed by the police as soon as they are arrested. Laws of criminal procedure stipulate that suspects need to be interviewed by the police in the presence of the prosecutor. It is only after the police investigation is completed that suspects are formally charged for their crimes by prosecutors and presented to testify in court.
The idea is lofty yet far from practice. Suspects in most cases tend to confess to the police. In court they completely change their story, state that the police used coercion to force them to confess and plead innocence.
For example, in the hit-and-run case of Prithvi Bahadur Malla, in the police interview, Malla confessed that as a result of partying and sleep deprivation he briefly dosed off while driving and ended up hitting the pedestrian. At court he stated that the steering wheel of his car locked and the vehicle swung into the wrong lane hitting the pedestrian. Judge Surya Prasad Adhikari admitted his testimony to the court (as opposed to the police) as evidence. When stories change so dramatically there is nothing a suspect will verify off of their own accord.&nbsp;
Prosecutors have the burden to build the case and prove it beyond a reasonable doubt. They are busy people with an immensely high workload. Overseeing police interviewing at the arrest phase to have it thrown out by judges when the suspects change their story in court is a waste of their time.
If the idea is to refrain police from torturing people into confessing by having prosecutors present in interviewing, then we might consider videotaping police interviews. This way judges can verify any reports of torture. After all, there are accounts of prosecutors who have turned a blind eye to police torture.
Police interviews and cross-examination by lawyers require the use of different skills and techniques. Lawyers should be allowed to build cases inside courtrooms. If suspects wish to speak their truth they deserve the audience of a judge.
At the same time, the victim of a crime deserves to have the suspect’s account tested and verified by cross-questioning instead of being treated akin to an account of truth.
Aastha Dahal is a Kathmandu-based lawyer with a PhD in criminology from the University of Cambridge.

"I Speak Nothing but the Truth, Your Honour"

The Kangchenjunga Trek in far-eastern Nepal is a remote and less-crowded adventure that offers raw wilderness, diverse cultures, and breathtaking terrain below the world’s third highest mountain. Kangchenjunga (8,586m) grabbed the world’s attention before Mt Everest ever did because its imposing rampart dominated the northern horizon from Darjeeling, the summer refuge for the British in India. The Kangchenjunga massif is more a mountain range rather than a peak, its high ridge stretching 25km from Nepal to Sikkim.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251211111236_1f51f10becbb6bd01248f5845c6055479201365b1357fbbc6479b6724ea2185c.jpg" data-media-id="editor_0" data-image-id="20251211111236_1f51f10becbb6bd01248f5845c6055479201365b1357fbbc6479b6724ea2185c" data-rendition-name="original" width="938" height="726" loading="lazy" alt="Kangchenjunga trail map"></figure>  Sikkim considers the mountain sacred, and has banned mountaineering expeditions. But the various prominences of Kangchenjunga are increasingly popular for climbers via the north face in Nepal. For non-mountaineers, even the Kangchenjunga trek can be arduous, especially in winter. It is one of the last pure wilderness areas in Nepal, traversing sparsely populated valleys that are rich in biodiversity because of the high annual rainfall. Even when Nepal was a forbidden land, among the first foreign visitors was British botanist J D Hooker who explored the Nepal side of Kangchenjunga in 1850 to collect plant samples. The peak was first climbed in 1955, two years after the first ascent of Mt Everest.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251215071228_7dd4ddc943554012654df0a2f5065ed364b8349c31888ac8cbe175b4540d1dfd.jpg" data-media-id="editor_1" data-image-id="20251215071228_7dd4ddc943554012654df0a2f5065ed364b8349c31888ac8cbe175b4540d1dfd" data-rendition-name="original" width="1280" height="597" loading="lazy" alt="Kangchenjunga in winter NT"></figure>   <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025121509128_a857e5e9cfc7fea2f5f0b060b8f6e9f6582abc1ac1fd1a60abad90a9d55adbff.jpg" data-media-id="editor_2" data-image-id="2025121509128_a857e5e9cfc7fea2f5f0b060b8f6e9f6582abc1ac1fd1a60abad90a9d55adbff" data-rendition-name="original" width="720" height="1280" loading="lazy" alt="Kangchenjunga in winter NT"></figure>  The establishment of Kangchenjunga Conservation Area in September 2006 was accompanied by tragedy when 24 people, including Nepal’s nature preservation pioneers were killed in a helicopter crash. The Conservation Area is now the only one managed completely by the local indigenous people. It has 70 varieties of orchids, 30 rhododendron types, and 15 out of 28 endemic plants of Nepal. Kangchenjunga still gets very few of the 200,000 foreign trekkers who visit Nepal every year, but improved road access in recent years is making it more popular. Trekkers have a choice of exploring the North Base Camp (Pangpema) or the South Base Camp (Yalung Glacier), or combine both for the full Kangchenjunga Circuit (map). This trek is considered strenuous, with long walking days, high altitude, and tea house accommodation that is much more basic than the Everest or Annapurna regions. Trekkers have to be fit and with prior hiking experience. Most teams take tents and camp, and carry most of their food.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025121509128_895ccc1d918f88c255dbeccea19c990bcaa792f384750559cb7257b99f177be7.jpg" data-media-id="editor_3" data-image-id="2025121509128_895ccc1d918f88c255dbeccea19c990bcaa792f384750559cb7257b99f177be7" data-rendition-name="original" width="1280" height="597" loading="lazy" alt="Kangchenjunga in winter NT"></figure>  FULL CIRCUIT Because the region is restricted, trekkers must obtain a permit and be accompanied by a licensed guide. A full circuit can take three weeks, while doing only the North or South Base Camps will take two weeks, including flying from Kathmandu to Bhadrapur and jeep to Taplejung or a rough trail to Hellok. The lower forested stretches are teeming with wildlife, and this is red panda and snow leopard country. The streams and ponds have amphibians and reptiles, some of which have not yet even been classified. The route also passes the homelands of the Limbu, Rai and Tibetan communities with the local culture and architecture more intact than in most other mountain areas of Nepal.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025121509128_90c129a639376621ece0aa067a601573f8b06d934c089a0fa929a7ce9c12018b.jpg" data-media-id="editor_4" data-image-id="2025121509128_90c129a639376621ece0aa067a601573f8b06d934c089a0fa929a7ce9c12018b" data-rendition-name="original" width="1280" height="597" loading="lazy" alt="Kangchenjunga in winter NT"></figure>   <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025121509128_f51e595e5a18d573365cc611dbf1a49cfb19b2b8ee40164ed500179e2a2b04f8.jpg" data-media-id="editor_5" data-image-id="2025121509128_f51e595e5a18d573365cc611dbf1a49cfb19b2b8ee40164ed500179e2a2b04f8" data-rendition-name="original" width="720" height="1280" loading="lazy" alt="Kangchenjunga in winter NT"></figure>  The best seasons to trek are spring (March–May) and autumn (September–November). There are fewer trekkers and climbers in winter, and many of the birds and wildlife have migrated down to warmer climes. Despite its beauty, trekkers should be prepared for challenges like long distances between villages, unpredictable weather, and limited emergency rescue options due to the remoteness of the area — all even more challenging in winter. Norbu Lama is an international hiking guide with www.dolpocaravantreks.com and just returned after leading a trek to Kangchenjunga Base Camps.

Kangchenjunga in winter

Ancient heritage meets dern distillery craft as the US-based The Nepali Spirit Company this month makes its global debut with Kathmandu Ayla. Inspired by Nepal’s ancient rice whiskey tradition, the product is the first of four handcrafted spirits that brings Kathmandu Valley’s 1,000-year-old ayla tradition to the world stage. “The first four products combine history, culture, and tradition and it has taken eight years to get to this launch point,” says CEO of The Nepal Spirit Company Kashish Das Shrestha, who is also publishing a book on the history of alcohol in Nepali culture. The other three ayla products are Masala Whiskey aged in Brazilian Amburana casks and spiced with black cardamom from Nepal, Annapurna Ayla, and Haku Chaku Himalayan Espresso Liqueur made with organic Nepali coffee, and chaku (dark molasses).  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251216141244_ab74945dc60ce5ff83fe7a88596fc032c18705e7cda9dc62df21694d3ad83b85.jpg" data-media-id="editor_0" data-image-id="20251216141244_ab74945dc60ce5ff83fe7a88596fc032c18705e7cda9dc62df21694d3ad83b85" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="The American Ayla NT"> </figure>  “I started visiting international whiskey auctions six years ago and after reading about distilling, my passion for spirits grew, and I felt the urge to tell the story of Nepal’s heritage spirits to the world,” explains Shrestha. Once poured in Nepal’s royal courts, ayla is a clear rice whiskey that is a millennia-old living heritage of Kathmandu used in rituals from birth to death and traditional life milestones of its inhabitants. Ayla is distilled to capture the classic aromas and flavors, with a soft sweet after taste. It can be enjoyed neat, sipped through meals, or enjoyed as shots. With more than 15% of Nepal’s population living and working abroad, there is a cultural demand for ayla in the diaspora from Asan to Amstredam to Australia.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251216121236_0db0ec396832736fef60b636d7012a917be65471408c81383a40613f928f9e78.jpg" data-media-id="editor_1" data-image-id="20251216121236_0db0ec396832736fef60b636d7012a917be65471408c81383a40613f928f9e78" data-rendition-name="original" width="1000" height="1270" loading="lazy" alt="The American Ayla NT"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251216141236_a84ede74c67a61e75af2f0cc1c985b4d04ff2292c6bd0bd0b841f4d2c7b593aa.jpg" data-media-id="editor_2" data-image-id="20251216141236_a84ede74c67a61e75af2f0cc1c985b4d04ff2292c6bd0bd0b841f4d2c7b593aa" data-rendition-name="original" width="1778" height="1000" loading="lazy" alt="The American Ayla NT"> </figure>  &nbsp;“We also believe ayla is a wonderful way to tell Nepal’s story to the world,” says Lilu KC Shrestha, Chief Operating Officer of the company. “We intend to use our platform to promote Nepal in any way we can, and also find ways to give back to the country. It was high time a world-class Nepali spirits brand entered the global market, and we are proud to take the lead.” Aside from the ayla itself, the bottle and packaging was conceived by New York-based designer Sahara Shrestha to reflect a complete Nepaliness. “Each bottle and box is a love letter to Nepal, and every detail is an expression of respect and appreciation of Nepali heritage and our desire to share it with the world,” says Kashish Das Shrestha. “And ayla itself is a sacred part of our culture, so we wanted to make sure the bottle reflects this reverence.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251216141244_d2746204c64802ff81453d7a8749f516bf3c62538fe3c98400a9b3978c03b273.jpg" data-media-id="editor_3" data-image-id="20251216141244_d2746204c64802ff81453d7a8749f516bf3c62538fe3c98400a9b3978c03b273" data-rendition-name="original" width="1920" height="1475" loading="lazy" alt="The American Ayla NT"> <figcaption>Aylarita</figcaption> </figure>  The bottom of each bottle has an embossed Mandala representing the universe and its interconnectedness. A glass molding of Himalayan peaks Chomolungma and Nuptse signifies the earth and heaven. The bottle cap is a black and gold rendering of the metal plates that hang from Kathmandu’s temples. The logo of The Nepali Spirit Company is also inspired by the unti, a traditional vessel used to pour ayla. While its top is typically adorned with a peacock, the company’s design replaces it with rice stalks. This motif is also on the label of Annapurna Whiskey named in honour of both the mountain and the goddess, the giver of grain. For a new take, ayla can be paired with a lime wedge lathered in honey, cumin, and salt, or on the glass rim. It can also be mixed into cocktails to make Aylarita, Aylatini, or Aylapolitan. <a href="http://www.thenepalispirit.com/" target="_blank">www.thenepalispirit.com</a>, @TheNepaliSpirit

The American Ayla

When Winston Churchill addressed the Canadian Parliament in December 1941, he recalled that generals of Nazi-occupied France had said that England would “have her neck wrung like a chicken”. Churchill went on to quip: “Some chicken.” As the laughter and applause subsided, he added: “Some neck.” (Even longer laughter and applause) We do not know who first started calling the narrow corridor that joins India to its northeastern states a 'Chicken’s Neck', but there also was the hint of a Churcillian connotation. Akhilesh Upadhayay in his new book In the Margins of the Empires: A History of the Chicken’s Neck, uses this strip as an entry point to explore a region adjoining Nepal, Bhutan, China, Sikkim, Darjeeling, India’s northeast and the tectonics that shaped its geo-strategic terrain.&nbsp; Upadhyay’s Chicken Neck is an organic whole, connected through centuries by transboundary traders, travellers, monks, spies, missionaries, mountaineers, and more. And as infrastructure and connectivity improves, smaller countries like Nepal and Bhutan (and earlier Sikkim) are caught up in the region’s rivalries. The tri-junction of the Chicken’s Neck is a potential flashpoint that has obsessed India’s military strategists ever since Partition in 1947 and the formation of East Pakistan, and the Chinese annexation of Tibet. India found itself squeezed between Chumbi Valley in China to the north and Pakistan to the south. So, when Sikkim started acting too independent for its own good 50 years ago, India engineered its annexation and turned it into its 22nd state. The 1962 Sino-Indian war elevated its strategic importance even more. Alarm bells ring in New Delhi each time there is trouble around the Chicken’s Neck: the Naxalite uprising had to be swiftly crushed, the Indian military moved in to liberate Bangladesh, Gorkhaland and ULFA activities were dangerously nearby, Bhutan had to be appeased. Every once in a while things would flare up between India and China, as in the 2017 Doklam standoff.&nbsp; And last year’s regime change in Bangladesh has rattled New Delhi enough to deploy its Rafael fighters and BrahMos cruise missiles in the Chicken’s Neck. It is now the most densely militarised strip of real estate in this part of the world. &nbsp; As a journalist and former editor of Kathmandu Post, Upadhyay also peers at the Chicken’s Neck through Nepal’s perspective. After all, Jhapa (where the author is originally from) sits right there astride India’s strategic lifeline.&nbsp; Geopolitics is at the front and centre of the book that takes readers back to the time Nepal was a closed Himalayan kingdom.&nbsp; Nepal may be a yam between two boulders, but it may just as well be a thicker Chicken’s Neck as far as New Delhi and Beijing are concerned. Nepal’s rulers have always had to walk the tightrope between China and India. Khampa guerrillas, covertly helped by American and Indian intelligence, raided Chinese military convoys from bases in Nepal, and King Mahendra had to do some intricate diplomatic footwork. India is often described as Nepal’s closest friend, but our relations with China go back as long in terms of the Lhasa trade, Bhrikuti and Arniko, religious exchanges and people-to-people relations. While Nepali researchers are wary of touching on Chinese, Indian or American sensitivities, Upadhyay’s journalistic background means he has no qualms about tackling the subject head-on, and objectively. He spent more than a year researching the book, sniffing around Siliguri, Bagdogra, Naxalbari, Darjeeling and the villages on the Jhapa side. Then he travelled to Olangchung Gola to listen to ordinary people of the Himalayan rimlands. Despite the perception about rigid frontiers between nation states, the book hints at how absurd the notion is. The Chicken’s Neck is also a wild elephant migration corridor, disturbed by the India-Bangladesh border fence, new expressway embankments, airport runways, and expanding cities. Similarly, the people on the Nepal-tibet border used to cross over to graze yaks — this expanded the gene pools of not just the yaks but also the nomadic humans who moved with the herds.&nbsp; Despite the hard borders, trade flourishes. Upadhyay marvels that a shop in Phungling in Taplejung has embroidered saris from Siliguri and fluffy jackets from China. he finds that residents in the northeastern and southeastern tips of Nepal have more in common with kin across the border in Tibet or India than with someone from Kathmandu. Nepal was once one of the biggest trade hubs in ancient times, and our products were treated as equals in Indian border cities. People too, could move freely, especially if they were and are from bordering Tarai cities.&nbsp; Nepal’s rich history and culture was shaped by the proximity to neighbours, and despite borders it is still cemented by marriages and trade — especially in the Nepali-speaking lands to the east. Its geographical positioning makes Nepal not landlocked but land-linked, adjacent to the largest emerging economies of the world. Nepal needs to deploy its soft power with effective diplomacy to take advantage of these two empires, and not be choked by their rivalry. The book was going to press when the GenZ protests ignited in September, but Upadhyay nevertheless managed to insert the current political transition into the pages with deft editing. &nbsp;The final section of the book examines at least three possible scenarios that may unfold as South Asia continues to be shaped by great power rivalries and imperial contests that have weakened the unilateral influence of the west.&nbsp; Akhilesh Upadhyay extrapolates from the Chicken’s Neck, zooming out for a wider perspective on the Subcontinent. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025121912124_0ae772e7736a65f53a99599b5724ca133a64fdea0e61c7170ea81f9dd95c7af0.jpg" data-media-id="editor_0" data-image-id="2025121912124_0ae772e7736a65f53a99599b5724ca133a64fdea0e61c7170ea81f9dd95c7af0" data-rendition-name="original" width="1136" height="702" loading="lazy" alt="In the Margins of Empires: A History of the Chicken’s Neck NT"> </figure>

Some chicken, some neck

This is the first instalment of our new series Nepal Made, where we profile world-class Nepali products and the people behind them. The Himalaya is the home to Ayurveda, the preventive and curative medicinal practice that relies on the tremendous diversity of plant life. This is where Hanuman is said to have come to find a specific rare herb when Ram was wounded in battle. When he could not find it, he tore off a whole mountain and hauled it down to Lanka. Since then, herbal medicines and care products have been steadily modernised in India and Nepal. Now, one Kathmandu-based company, Herveda, is going global with an all-natural skincare brand that blends traditional knowledge of medicinal plants with modern technology. Originally a Sanskrit word, Ayurveda literally means ‘the science of life’ and promotes physical and mental wellbeing through a holistic knowledge system that is 4,000 years old. Ayurvedic products have gotten more popular as global demand rises for all-natural, chemical-free cosmetic and wellness products, instead of wasteful fast fashion and beauty trends. Herveda was founded by Prativa Pandey, a scientist-entrepreneur and mother of two. She did her PhD in nanotechnology chemistry from Northwestern University in the United States and returned to Nepal in 2015 after the earthquake, staying back to explore the market and launch her brand.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251218141216_b699e74ee82333951b99b22648705dc916deb8eef3d425c77c1e2f3b1058a64d.jpg" data-media-id="editor_0" data-image-id="20251218141216_b699e74ee82333951b99b22648705dc916deb8eef3d425c77c1e2f3b1058a64d" data-rendition-name="original" width="1000" height="1500" loading="lazy" alt="Looking good by doing good NT"></figure>  “I wanted to do something in Nepal, but didn’t want to be a doctor or engineer,” says Pandey at the elegant Herveda showroom in Jhamsikhel. “Whatever knowledge that I had gathered, I wanted to spread it in my own country.” Nepal is rich in traditional medicinal herbs and Ayurvedic plants, but proper utilisation and mobilisation has always been lagging. Most of the benefits are reaped by large companies and not local farmers. Pandey wanted to change that. To ensure that it gives back to the community, Herveda collaborates with farmers and local traders for fair trade. “I have always been fascinated by the medicinal herbs found in Nepal, and wanted to create high value products with them. It was a way to combine valuable indigenous knowledge with my academic research background,” adds Pandey. “I did not require a huge investment, just a proper marketing strategy.”  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251218141216_350f6eb1511523ea54a8aba468f20a7dffcb5def3fade4dcced30324417f83bc.jpg" data-media-id="editor_1" data-image-id="20251218141216_350f6eb1511523ea54a8aba468f20a7dffcb5def3fade4dcced30324417f83bc" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Looking good by doing good NT"></figure>  According to the Trade and Promotion Center under the Ministry of Industry, Nepal’s import of cosmetic products is increasing every year, driven by demand from a younger population. These younger customers are also more conscious about the products they use. For brands like Herveda, it is important that customers engage in wellness and skincare in an ethical and sustainable manner. Apart from being all natural, Herveda’s flagship store in Jhamsikhel has a reuse box where consumers can drop used bottles, which are then recycled. The store also displays products from 35 local businesses. Pandey believes that Nepali brands should cross-promote and complement each other: “Rather than competing, I believe we should support each other. 1+1 can be 11, and not two.” Effectiveness and functionality hold great importance for Herveda. which employs 25 scientists to develop and lab test its products at its research institute. Currently, there are products ranging from Rs400-2,000, which include lip balms, serums, and essential oils. A signature product is the Berry Boost Radiance Mask, which contains Spikenard (Jatamansi), Ashwagandha, Orange Peel, and Rhododendron.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251218141216_7ec1104e0dd63db2fbbfe666034b468fe5b7e6876fde8b5446cb9d9fe27566cf.jpg" data-media-id="editor_2" data-image-id="20251218141216_7ec1104e0dd63db2fbbfe666034b468fe5b7e6876fde8b5446cb9d9fe27566cf" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Looking good by doing good NT"></figure>  Herveda exports to the United States and plans to expand to China and Europe. The products get a 50-100% markup in the international market. The company recently received a grant from UKAid to expand the market as well as build capacity to scale up. It has partnered with Agriplayer software to help to develop QR codes on its products, which consumers will be able to scan to track the product sources and evaluate pricing. Nepal lags behind in rules and regulations, and the lack of monitoring has allowed low quality cosmetic products to penetrate into the market. Herveda has got an international certification from USFTA, which is important for its foray into the export market. “For the cosmetic industry to scale up, there should be a central testing facility that is well equipped and meets international standards. Additionally, export should be made easy,” adds Pandey. “If there are too many barriers to entry, no one will be willing to invest.”

criminal-trial

Trials and tribulations

"I Speak Nothing but the Truth, Your Honour"

Kangchenjunga in winter

The American Ayla

Some chicken, some neck

Looking good by doing good