Despite provisions in the Constitution, there is still systemic descent-based <a href="https://nepalitimes.com/here-now/dalit-lives-must-matter">discrimination against Dalits</a>, especially women, a new report by Amnesty International has said. The report states that there is a culture of impunity that puts Dalit women and girls at risk from an entrenched casteism in the police and the courts that perpetuates the discrimination.&nbsp; ‘Authorities in Nepal are failing to protect Dalits, particularly women and girls, from systemic and widespread caste-based discrimination,’ Amnesty International says in the report, ‘<a href="https://www.amnesty.org/en/documents/asa31/7980/2024/en/">No One Cares: Descent-Based Discrimination against Dalits</a>’ which documents case studies of caste-based discrimination in Nepal. The report details just how pervasive the caste system still is in Nepal despite laws against exclusion of Dalits. This manifests itself in violence and discrimination in everyday life for many Dalit individuals, families and communities. Even when they face blatant institutional discrimination and violence, Dalits have little recourse in the justice system or response from the police when complaints are filed. <a href="https://nepalitimes.com/here-now/black-lives-matter-but-dalit-lives-dont">Caste-based prejudice</a> perpetuates a culture of impunity, the report says. “The authorities in Nepal are not doing enough to counteract the culture of impunity for human rights violations related to descent-based discrimination in Nepal. Efforts made by the authorities are still inadequate and insufficient, and they seem to exist only on paper but do not translate into real changes in the lives and the human rights of Dalits, Dalit women and girls in particular,” says Fernanda Doz Costa, Amnesty International’s Director for Gender and Racial Justice Programme.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024051209054_379b2278e487029b362e25e406f563faa4ff4ccb057b634cf1238afcf28789e5.jpg" data-media-id="editor_3" data-image-id="2024051209054_379b2278e487029b362e25e406f563faa4ff4ccb057b634cf1238afcf28789e5" data-rendition-name="original" width="4976" height="3732" loading="lazy" alt="State of Dalits in Nepal NT"> <figcaption>(From left) Hari Bhakta Dhakal Mijar, Amnesty International's Gender, Racial Justice and Refugees Programme's Director Fernanda Doz Costa and Amnesty International Nepal's Chairperson Bipin Budhathoki. </figcaption> </figure>  Despite a reservation system for Dalits and the prohibition of <a href="https://nepalitimes.com/news/nepal-s-caste-struggle">caste-based discrimination</a>, the report has documented many instances of impunity and lack of representation of Dalits in the justice system. There are also examples of institutional discrimination in the police and justice system, lack of effective oversight mechanisms and accountability. ‘Dalits do not trust the police and the justice system in general, and the limited government level data and statistics available, and confirm their distrust is well-founded, including for Dalit women confronting caste-based violence,’ the report says. Caste and gender-based violence therefore often go unreported making the exclusion of Dalits even less visible, and allowing the discrimination to be accepted and perpetuating it. When caste-based incidents are reported, Amnesty says, police frequently refuse to register cases of untouchability and gender-based violence or rape.&nbsp; Among the case-studies of <a href="https://nepalitimes.com/here-now/i-never-thought-i-would-be-alone-this-early-in-life">caste-based crimes</a> in the report is that of 18-year-old Ajit Dhakal Mijar, whose corpse has been in a hospital morgue in Kathmandu for the past eight years. Ajit was involved in a relationship with a non-Dalit girl, and was found dead. Police automatically recorded it as suicide and he was buried without informing the family. Ajit’s father had the body exhumed and said police were trying to cover up the murder of his son by burying him after a fake post-mortem report. The case is pending in the Supreme Court and Ajit’s body is still in the morgue.&nbsp; Another case in the report is of 12-year-old Angira Pasi who &nbsp;was found four years ago hanging from a tree. A ‘higher’ case man was accused of raping her earlier, and the village authorities instead of punishing the man got him to marry her. But the girl was tormented by his family for being an ‘untouchable’ and she was found hanging.&nbsp; Pressure from human rights groups forced a reluctant police to register a complaint and the accused, his mother, and his aunt were detained. The Rupandehi District Court then convicted the accused of murder and sentenced him to 18 years in prison.&nbsp; Police often register such cases under other laws which downplays the discriminatory motive of the offence and dilutes the severity of caste-based discrimination, Amnesty says. Anita Mahara says in the report: “No one cares.” Despite laws, the caste system continues to segregate and oppress Dalits who make up about 14% of Nepal’s population. The entrenched discrimination excludes Dalits from opportunities and discriminates against them in everything from using community water sources to education, livelihood,<a href="https://nepalitimes.com/banner/caste-aside"> marriage</a>, place of worship, security and health, and citizenship.&nbsp; Descent-based discrimination covers caste and analogous systems of inherited status, and authorities have a legal obligation to address all forms of caste-based discrimination, including when committed by private individuals, in accordance with the international human rights law and standards, Amnesty says. Parliament’s Committee on Law, Justice and Human Rights ruled that every police station should have a Dalit unit, and 86 were created to report, investigate and coordinate with victims of discrimination. &nbsp; In preparing this report, Amnesty International’s researchers visited three district police stations in Madhes Province and found that the Dalit desk was just a sign on the door.&nbsp; Amnesty says the Nepal government must be more proactive in uprooting entrenched caste and gender-based violence and discrimination. It says special measures are needed to improve the situation of Dalit women and girls due to the inter-generational history of oppression and entrenched culture of caste-bias, patriarchy and discrimination. Says Fernanda Doz Costa, “Nepal must fulfil its obligation to provide effective, timely and meaningful access to justice and reparations for survivors. It must move away from merely paying lip service to the ideals of achieving equality for all but take a concrete human-rights centric approach to relegating descent-based discrimination to the dustbins of history.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240512080552_34d93dcbdac9df34d4b6fc5ee0fed8cb939f6fd615d95eebcff001486728d4f4.jpg" data-media-id="editor_7" data-image-id="20240512080552_34d93dcbdac9df34d4b6fc5ee0fed8cb939f6fd615d95eebcff001486728d4f4" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="State of Dalits in Nepal"> <figcaption>'No One Cares: Descent-Based Discrimination against Dalits' by Amnesty International</figcaption> </figure>

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Who cares?

· In July 2016, 18-year-old Ajit Mijar and Kalpana Parajuli got married in a Kavre village. Parajuli’s family opposed the inter-caste marriage and forced the two to annul the union. Five days later, Mijar’s body was found buried on the banks of the Trisuli in Dhading district.&nbsp; Mijar’s death was ruled a suicide, but his family has refused to perform his last rites, insisting that he was murdered for daring to marry a ‘high’ caste woman. His body has remained at the TU Teaching Hospital morgue for the past seven years. · In May 2020, the body of a 12-year-old Dalit girl was found hanging from a tree in the Rupandehi’s Devdaha village. She had been raped and murdered after being forcibly married to her rapist, an ‘upper’ caste man, the day before she was killed. · On the same day in May 2020, Nabaraj BK and his friends Ganesh Budha Magar, Tikaram Nepali, Lokendra Sunar, Govinda Shahi, and Sanju BK were lynched and their bodies dumped into the Bheri River in Soti village of Rukum West. They were killed because villagers discovered Nabaraj was going to elope with a teenage girl from a ‘higher’ Thakuri caste.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230602080648_1b79c7e8e816fbfe2c90c9b0655d0636004a1aa71774fe7b396bd3ab555890ce.jpg" data-media-id="editor_0" data-image-id="20230602080648_1b79c7e8e816fbfe2c90c9b0655d0636004a1aa71774fe7b396bd3ab555890ce" data-rendition-name="original" width="1045" height="277" loading="lazy" alt="Dalit lives must matter 1"> <figcaption>Nabaraj BK (far left, above) and five of his friends who were killed on 23 May 2020 in Rukum West because he was eloping with a 'higher' caste teenager. </figcaption> </figure>  · In May 2022, Sundar Harijan, a 20-year-old Dalit inmate at Rolpa jail who was serving a life sentence on behalf of another prisoner died under suspicious circumstances. An investigation pointed to police corruption, but the probe yielded no further results. · In March this year, a restaurant owner in Gorkha beat 36-year-old Phulmaya Pariyar to death, because her 7-year-old daughter drank a beverage without permission. The issue was settled after the hotelier, Durga Ale, provided Pariyar’s family with financial compensation. · Last month, a 22-year-old Dalit man was injured in Simraungad when a priest poured hot rice starch over him for entering the temple. These are just a selection of <a href="https://www.nepalitimes.com/here-now/black-lives-matter-but-dalit-lives-dont">acts of violence against Nepal’s Dalit community </a>that made it to the news. There are many more cases that are never reported, and the lifelong oppression that Dalits face every day all over Nepal is not news. “Sadly, political turbulence, civil governance, impunity, and lack of accountability to our people have undermined the Dalit achievements, moments and people’s aspirations,” said Pradip Pariyar, founder of the Dalit Lives Matter Global Alliance during a talk last week.&nbsp; He added: “The role of social justice seems murky, foggy and lost. Nepali society is becoming more regressive in comparison to other countries. It seems like Dalits belong to the country, but not to the state.”&nbsp; The <a href="https://www.nepalitimes.com/banner/caste-aside">murders of Nabaraj BK and his friends</a> in Rukum West three years ago catapulted caste-based violence to the forefront of national and political discourse in a way other atrocities against Nepal’s Dalit community had not in recent years. Read Also: <a href="https://www.nepalitimes.com/banner/caste-aside">Caste Aside</a> But when it came to justice, all that public outrage did not seem to matter. Attempts to sweep the murders under the rug began right from the top. Home Minister Janardan Sharma from the Maoist party that once waged war for Dalit rights, claimed the deaths of the young men was not caste-related, and they had all jumped into the Bheri River.&nbsp; Sharma’s remarks were seen as an attempt to cover up the involvement of Soti ward chair and fellow Maoist Dambar Bahadur Malla, who had been arrested for involvement in the murders. Three years later, justice continues to elude the families of Nabaraj BK and his friends. The final hearing of the case is scheduled for 13 June.&nbsp; Article 40 of Nepal’s Constitution guarantees the rights of Dalits to political competition and representation, as well as basic services like education and health, but Dalit representation in politics and in the workforce is tokenism at best. Nepal’s 2021 Census results did not include information about the country’s ethnic, linguistic, and religious demographics. But the 2011 census showed that Dalits made up 13.6% of Nepal’s population (researchers say the figure could be as high as 20%) but they hold only 0.7% of senior civil service jobs. Brahmins, on the other hand, are 12.2% of the population but have 72% of senior government jobs.&nbsp; “The demand for Dalits is for an equal share in the nation’s wealth until they are equally represented at decision-making levels,” said Suraj Yengde, PhD, one of India’s leading Dalit scholars and author of Caste Matters who is in Nepal to research a new book.&nbsp; “Until the nation’s wealth is equally distributed to us, there cannot really be a truly democratic society. Minority communities cannot control the majority resources,” said Yengde, who is a research associate with the Department of African and African American Studies at Harvard University and was recently named a Senior Fellow at the Kennedy School.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230602080648_eb030586cf88143bb35562206a4ca28836820182a0509c2e0073e6eb50288a61.jpg" data-media-id="editor_4" data-image-id="20230602080648_eb030586cf88143bb35562206a4ca28836820182a0509c2e0073e6eb50288a61" data-rendition-name="original" width="760" height="507" loading="lazy" alt="Dalit lives must matter 2"> <figcaption>A rally in Chaujhari of Rukum West demanding justice for the six slain men (Photo: Bignewskhabar)</figcaption> </figure>  “Caste is normalised in Nepal, India, and the rest of South Asia through the practice of retaining the hegemony of the historical oppressor castes who then control the resources of the state and then become the final adjudicator of the matters concerning the nation,” he added during the talk (see interview below). During local elections in May 2022, three mayors, eight deputy mayors, 143 ward chairs, and 878 ward members were elected from the Dalit community — each less than 3% of the total elected members from each category in 2017. In federal polls, there were only 16 Dalit MPs out of 275, the lowest proportion since Constituent Assembly elections in 2008. And only one of those 16 Dalit MPs was directly elected and the rest were nominated through the proportional representation system. Meanwhile, three Dalit leaders were elected to the Provincial Assembly directly, while 28 were elected through the PR system. The number of elected leaders from the Dalit community for both the federal parliament and provincial assembly is less than during the 2017 election. The Dalit Lives Matter movement gained traction in Nepal following the Rukum killings. But even as the discourse surrounding discrimination and violence against the Dalits continues, some activists want to move beyond the narrative of just being portrayed as victims of the <a href="https://www.nepalitimes.com/news/nepal-s-caste-struggle">caste hierarchy</a> and take into account their stories of resistance to historical oppression. Read Also: <a href="https://www.nepalitimes.com/here-now/dalits-disasters-and-discrimination">Dalits, disasters and discrimination</a>, Shikhar Sharma But information about equality and representation, insight from scholars and activists, are not accessible to Dalit and non-Dalit communities in rural and remote Nepal – even though people there are more likely to be victims of caste-based discrimination and violence. It is now up to the civil society to figure out how to ensure that the message of equality, representation and resistance gets to the grassroots, said Yengde: “Dalit lives matter because our stories and our individuality matter. It is because dignity, respect, compassion, humanity, resistance, honour, and justice matters.”&nbsp; <h2>Cast light on discrimination</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230602080652_73b65368a5d8e21a9f31dbdc7c2f3633927996e15e26290f55adbe985a365d97.jpg" data-media-id="editor_7" data-image-id="20230602080652_73b65368a5d8e21a9f31dbdc7c2f3633927996e15e26290f55adbe985a365d97" data-rendition-name="original" width="2492" height="1742" loading="lazy" alt="Cast light on discrimination"> </figure>  <h2> </h2> Suraj Yengde, PhD, is a leading Dalit scholar and author of the book <a href="https://www.amazon.com/Caste-Matters-Suraj-Yengde/dp/0670091227">Caste Matters</a>. He is a research associate with the Department of African and African American Studies at Harvard University and was recently named Senior Fellow at the Kennedy School. Yengde is in Nepal to work on his new book, and look at the status of Nepal’s Dalit community. Excerpts of a conversation with Nepali Times this week: Nepali Times: You have spent some time in Nepal researching your new book. What are the impressions you have gathered about exclusion and caste issues here compared to India? Suraj Yengde: I’m slightly hesitant to respond to this, simply because I have to see more of Nepal. I spent some time in Lumbini, but couldn’t really meet people from the Dalit community there. I was, however, able to meet the Gandharva people, and was so profoundly impressed with the men and women, especially of the younger generation. They were engaged in community farming using commune models similar to Dr Ambedkar’s ideals. And since community farming is something that is very close to me— it provided me insight into community life in Nepal. But this is just a take from interacting with a limited number of people, especially given that the Nepali Dalit community is so vibrant. And I will be very sincere in saying that I may not be able to do everything right because I’m not an expert on Nepal. That is why I have been relying on two things: firstly, my primary respondents who are prominently from various Dalits communities as well as experts, and secondly, recorded textual evidence that civil society has preserved. So, I think this question might merit a more elaborate response when my next book comes out. It seems casteism transcends borders and is entrenched even among the Indian and Nepali diaspora. Why is it that education does not seem to make a big enough dent against caste discrimination? Caste is basically a reproduction of the identity of a community and the resources available to it, but the normalisation of this reality is worrisome. Because Nepal is still a young country with a profoundly invested Constitution, and as such, the nation needs to be shaped with appropriate ethical standards. &nbsp; What is needed first is a respectful sharing of this nation’s wealth with all of its people. Moreover, caste unfortunately has an intricate attachment to religion. So one might be confined to the caste system without even realising it. Another reality is that the caste system is upheld when people are confined within their own caste groups because that means that they are part of a network that everyone within that caste group benefits from. As far as the diaspora goes, we need to question if the people who go beyond India and Nepal leave their roots behind during the process of assimilating to the West. And by that I mean not just their caste roots, or even national roots, but the ways of their ancestry. &nbsp; So what one might think of an innocent incident or interaction or even celebration can be in fact deeply caste-based in nature, and there needs to be an acknowledgment that whatever pride one has for such interactions or events comes with certain caste attachments. The question, therefore, is: are we taking active steps towards annihilating caste altogether? But at the same time, annihilating the caste structure does not necessarily mean you are dismantling all of your personal beliefs. How do we ensure that the message of equality, representation and resistance goes to the grassroots in countries like Nepal and India, places where people are more likely to be victims of caste violence and discrimination?&nbsp; Yes, oftentimes, the message we are trying to get across does not reach the people that they are meant for. Two things are needed to ensure that it does, and the first is the media to let the world know what is happening. We also need to figure out how to democratise information. It is also how we construct the narrative because high-flying jargon-filled academic ideas and talks and events will not go beyond a handful of people. So we need to tailor messages according to the intended receiver.&nbsp; Once people have access to sufficient information, they will have formed opinions and then comes the role of mass movements. And so it ultimately comes down to how we decentralise information and diversify the audience.&nbsp;

Shristi Karki

Dalit lives must matter

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141144/636baec19c7e80680e078013jpeg.jpg" alt="" width="1598" height="1066"/><figcaption>Photo: Bignewskhabar</figcaption></figure>On 23 May, Angira Pasi, a 12-year-old Dalit girl, was found hanging after being forcibly married to a 25-year-old ‘upper-caste’ man who had raped her. On 24 May, Nabaraj BK, and his five friends were <a href="https://www.nepalitimes.com/here-now/they-killed-our-son-and-now-they-are-killing-justice/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/they-killed-our-son-and-now-they-are-killing-justice/&amp;source=gmail&amp;ust=1595740698198000&amp;usg=AFQjCNGV8LnJ9KL669O-ysSlJa5RS8RLWw">beaten to death</a> and thrown into a river because Nabaraj dared to marry an ‘upper-caste’ Thakuri girl. On 25 May, a white policeman in Minneapolis in the United States kneeled on <a href="https://www.nepalitimes.com/opinion/we-all-yearn-to-breathe-free/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/we-all-yearn-to-breathe-free/&amp;source=gmail&amp;ust=1595740698198000&amp;usg=AFQjCNG9CqanylI4D8SxH_uxFnbi9IE-7Q">George Floyd's</a> neck for 8 minutes 46 seconds, and killed him.Three crimes in three consecutive days. One of them set off a worldwide movement that is fundamentally changing race dynamics not just in the US but around the world. The two other crimes in Nepal were the latest in a long list of casteist atrocities across the subcontinent perpetrated against a traditionally excluded community.Millions continue to protest police brutality and deeply rooted systemic biases that unfairly and disproportionality affect black Americans. These protests have gathered up to 26 million participants, one of the highest turnout in any protest in US history. It has also generated more media coverage than any other protest in the last 50 years.However, in an unsurprising turn of events, the crimes against Dalit people, just as heinous, just as frequent, have received disproportionately less attention, and have not led to any real reform.The Rupandehi police refused to file Angira's case until it got national attention. They then detained her rapist Birendra, his mother, and aunt, but remain convinced Angira died by suicide.Rukum police have detained 34 suspects in Nabaraj BK's case. The Home Ministry's five-member probe team from Kathmandu investigating it has deemed it pre-meditated caste-based violence. Serious repercussions are yet to follow.A <a href="https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/NPL/INT_CEDAW_CSS_NPL_32516_E.pdf" data-saferedirecturl="https://www.google.com/url?q=https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%2520Documents/NPL/INT_CEDAW_CSS_NPL_32516_E.pdf&amp;source=gmail&amp;ust=1595740698199000&amp;usg=AFQjCNHsgicz5UlUdsg6lK2azGeGlDwDMg">comprehensive report</a> by the Feminist Dalit Organisation (FEDO) and the International Dalit Solidarity Network (IDSN) shows the extent to which Dalits are marginalised in Nepali society.A staggering 42% of Dalits live below the poverty line, in comparison to the national average of 25%. The Dalit literacy rate of 52.4% falls short of the national literacy rate of 65.97%, with Dalits comprising only 1.6% of Nepalis with SLC and above, and 0.8% of Nepalis with a Bachelor’s degree.The picture is worse for Dalit women, who are discriminated against because of their caste and gender. Dalit women and girls comprise 21% of trafficking victims of Nepal. Dalit girls make up 62% of Nepali <a href="http://archive.nepalitimes.com/news.php?id=3798#.XwyQcJMzY6A" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D3798%23.XwyQcJMzY6A&amp;source=gmail&amp;ust=1595740698199000&amp;usg=AFQjCNHzsQA69rbsgXvvQE9icVEDpGVoVg">child marriages</a> under 15-years of age."While there are similarities between caste issues in Nepal and race in the US, it is important to recognise that there are distinct differences in terms of its origins and how it manifests in everyday life,” says Dalit rights activist Sarita Pariyar. “It is good to see some Nepali are taking interest in race questions, however, they need to ask themselves about their own role in the caste questions as well."Pariyar underlines the need to rethink relative privileges of other Nepalis and role in the persistence of caste-based injustices and inequities in Nepal. “This is important for reclaiming our humanity as well as just futures for all," she adds.Pradip Pariyar, social activist and chairperson of the SAMATA Foundation, adds: "Nepalis in the US are speaking up for black lives but are silent about Dalit lives because we have never had conversations about caste in our family, in our society."Although Dalits bear the brunt of casteism, ethnic discrimination also affects other marginalised communities in Nepal. Asked about this, all educated upper- and middle-class Nepalis interviewed for this article preferred to remain anonymous."My grandmother only wants a Bahun or Chhetri maid,” said one ‘upper-caste’ person in Kathmandu. Even though she is old and struggling with severe back pain, she would rather do all the work in her big house than hire a maid of another caste."Another adds, "My grandparents refused to put Dasain tike on my father's office staff because he is Teli Madhesi." A Sherpa student complained to her school about Losar not being a holiday, but was ignored.Pradip Pariyar argues that to tackle casteism, there must be representation. "Issues that affect Dalits are not even in the radar of non-Dalits,” he says. “I have talked to people who can stand up and bring change. Because they aren't Dalit, they aren't as concerned about these issues as they should be. This will continue if there is no representation."However, the picture is grim. Dalits, despite making up 13% of Nepal's population, have merely 8% representation in the Nepal’s Parliament and comprise a meagre 0.8% of Nepal's civil service. As long as Dalits are underrepresented, activists say, they will remain silenced and powerless, and continue to be discriminated against, oppressed, murdered, lynched, raped, and forgotten.Sarita Pariyar adds, "It is important to re-examine the idea and role of resources from within and outside of Nepal for inclusive development. In this, we need to have a genuine role of Dalits for ensuring effective distribution and use of resources."

Black lives matter but Dalit lives don't?

The news headlines this week said: ‘The House of Representatives passed the Nepal Citizenship (Second Amendment) Bill that now makes <a href="https://nepalitimes.com/here-now/nepals-unequal-citizenship-law">acquiring citizenship through the mother</a> as equal as through the father.’&nbsp;
Could it really be true? There is genuine confusion or deliberate misunderstanding in the public about the Bill. Here is an explainer:
What is the Bill?
The Second Amendment to the Nepal Citizenship Act 2006 was tabled by the government on 11 March, 2024. The lengthy list of amendments underwent a detailed discussion within the State Affairs and Good Governance Committee of the HoR which presented a shortened list of agreed amendments.&nbsp;
The HoR passed this amended list of amendments on 28 June. While the original Bill contained eight amendment proposals, only three major amendments were presented by the Committee, and approved by the HoR.
Has it become law now?
No. It is yet to be passed by the National Assembly and endorsed by the President.
What exactly is contained in the amendments?&nbsp;
<ol>
 <li>Addition to Section 5 of the Act: ‘For citizenship applications, a father’s identity is deemed unknown if the applicant and their mother both provide a self-declaration stating that the father is unidentified, as per Section 5, even if his name is listed on the person’s birth registration, educational qualifications, or other certificates, yet his other identity is not available and is currently out of contact.’</li>
</ol>
This simply provides a definition to what the Act means by ‘father unidentified’ or ‘father untraceable’. Section 5 derives its authority from Article 11(5) of the Constitution that grants citizenship by descent to children whose mother is a Nepali citizen, but father is unidentified or untraceable.&nbsp;
The Nepal Citizenship Act 2006 and Regulation 2006 (both promulgated prior to the present 2015 Constitution) was amended in 2023 to incorporate the provisions of the new Constitution. In doing so, it included the procedural rule requiring both the applicant and their mother to sign a self-declaration form.
The result: a lot of people who claimed citizenship under this provision were still denied access, simply because their educational or other documents mentioned the name or address or some information about their father. The officials interpreted the presence of such information as father’s identity being known and assumed the applicants were hiding facts.
Read also: <a href="https://nepalitimes.com/opinion/no-state-for-women">No state for women</a>, Neha Gurung
The Supreme Court in one of such cases had clearly interpreted the meaning of ‘father unidentified’. In its overarching decision, the court stated the following:
‘It seems neither lawful nor just to compel an individual to accept someone as an identified father merely because their biological father’s name, surname, or address is claimed to be known or mentioned in educational or other documents. It would be just to consider the father’s identity as “unidentified”; if the individual has not received paternal affection or care, and the alleged father has never taken any responsibility, borne any obligation, or been physically present before the children, leading to a situation where the children haven’t even seen their face. Such an alleged biological father should remain “unidentified” for these children until they formally acknowledge them as their son or daughter, or, in their absence, their family provides reasonable proof to confirm the fact and identifies the relationship through a process acceptable to the children, or until such a confirmation becomes impossible.’
Based on this decision, multiple implementation challenges, and growing advocacy around this concern, the government included the above-mentioned addition in <a href="https://nepalitimes.com/here-now/nepal-s-citizenship-amendment-bill-explained">the Bill</a>.
Is it new?
The proposed addition is neither an introduction of the new right, nor does it provide anything beyond what the Constitution mandates. Since the Constitution itself uses the term ‘father untraceable or unidentified’, the most a legislation can do is to ensure that the constitutional provisions are interpreted and implemented in its true meaning. Therefore, the current Bill only serves to clarify the existing misinterpretation of the phrase ‘father unidentified’.
In a country where about 17% of the population are <a href="https://archive.nepalitimes.com/regular-columns/Comment/stateless-daughters-in-nepal,863">single mothers</a>, this clarification may provide certain relief for those whose fathers name was mentioned in the document and the father is now unidentified. However, the addition does not grant anything new.
The <a href="https://nepalitimes.com/banner/are-women-not-nepali-enough">gender discriminatory citizenship </a>where the citizenship or legal identity of a person is always dependent on one’s husband or father still remains.
Additionally, the current addition does not completely incorporate the Supreme Court’s decision which is broader and more comprehensive, requiring that the father be considered unidentified irrespective of the knowledge of the father’s name, surname and address, if the applicant/person has not felt the paternal affection or care, and the alleged father has never taken any responsibility, or borne any obligation or been physically present before the children.
The Bill only takes ‘father’s name’ into consideration. It does not recognize the mention of surname or address in the applicant’s certificates, nor the absence of emotional and physical presence, and responsibility in their life.
2. Addition to Section 18 of the Act:
i. Unless otherwise provided in this Act, a person dissatisfied with an order or decision made by an official under this Act may file a petition with the Secretary of the Ministry of Home Affairs within thirty-five days from the date of such order, through the District Administration Office or directly through Nepal Government.
ii. Upon receiving the report pursuant to sub-section (1), the Secretary of the Ministry of Home Affairs shall (must) issue their decision or order after obtaining the report from the official who issued the order or made the decision, within 30 days from the date of appeal, and such decision or order made by them shall be final.’
This provision is already present in the Act itself, and the Bill simply amends or adds the parts that are in bold letters. The positive part is that it makes the right to redress mandatory. Meaning, it not only ensures the right to appeal against the unsatisfactory decisions made by the local authorities, but also the right to receive the decision.
Earlier, it depended on the government's discretion to hear the appeal, but if this amendment is passed, it now becomes the State's obligation to ensure this as a due process of law.
This makes it easier for individuals denied citizenship, by the Chief District Office (CDO), to register an appeal in the higher office, which is the Home Ministry. However, in cases concerning a certain category of naturalised citizenship that falls under the jurisdiction of the Home Ministry, its decision becomes final and cannot be appealed.
This means that Nepal has two categories of naturalised citizenship. One that falls under the jurisdiction of CDO, such as naturalised citizenship to foreign women via marriage relationship. Another that falls under the jurisdiction of the Home Ministry, such as naturalised citizenship to persons born to Nepali mother and foreign father or foreigners who intend to acquire citizenship via stay requirement.&nbsp;
While the former can be appealed if the applicant is not satisfied with the decision of the official, the former, which is the government's decision, cannot be appealed.
3. Addition of Section 22(a) to the Act: ‘Shall provide a minor’s identity card to a person who is under 16 years of age, if either mother or father is a Nepali citizen.’
This provision can be considered as a positive extension of the child’s constitutional right. The Constitution of Nepal in Article 39 (1) states that ‘every child shall have the right to name and birth registration along with his or her identity’. The current Bill extends this right to a minor's ID card.
However, a minor ID card does not guarantee a citizenship certificate, which in Nepal, a person is eligible to apply only at the age of 16. This means: even though the child has the minor’s ID card and perhaps also a passport based on it, while applying for citizenship at the age of 16 or beyond, the person is bound by citizenship laws — which as we have seen is heavily dependent on the father's identity.
The conclusion?
The current amendment does not ensure any dramatic legal reform nor ensure a complete <a href="https://archive.nepalitimes.com/article/nation/The-right%20-to-have-rights,2656">gender equality in nationality laws</a>, simply because it technically and legally cannot.
When the Constitution itself uses gendered language such as ‘mother’, ‘father', ‘Nepali citizen man’, and ‘foreign citizen woman’, a legislation cannot override it. Nevertheless, recent amendments to the Act, including the first amendment, shows the government’s leniency towards gender equal citizenship laws.
Additionally, Article 49 of the Constitution also recognises equal lineage right of women, meaning that the family descent is legally recognised to be carried on by both genders. Hopefully in the nearest future, Nepal will carry this same principle to shape its citizenship law as well.&nbsp;
A transformative reform by ensuring gender equal nationality rights through constitutional amendment is still possible. Nepal, a member state to the CEDAW and CRC, is still in the list of 24 countries in the world that have gender unequal citizenship laws. &nbsp;It has the obligation as well as potentiality to become a pioneer in recognizing<a href="https://nepalitimes.com/editorial/quality-of-equality-for-women"> women’s equal rights </a>to confer citizenship to their children and spouse in par with men.
Neha Gurung is a human rights lawyer dedicated to advocating for equal citizenship rights, and co-founder of the Citizenship Affected People's Network. A Fulbright scholar, Gurung obtained LLM from the Washington College of Law.

Full equality vs status quo

The sudden and massive flood on the Bhote Kosi early Tuesday morning washed away a strategic bridge on Nepal’s main border crossing with China for trade, tourists and pilgrims. Slurry from the nearly 10m high debris flow left 9 dead and 20 missing, 12 of them Nepalis and six Chinese nationals, and 150 others were rescued by helicopter.&nbsp; Four <a href="https://nepalitimes.com/banner/climate-smarter-himalayan-infrastructure">hydropower plants</a> Rasuwagadi, Trisuli III, Trisuli, &nbsp;Benighat and the Trisuli substation sustained heavy damage, knocking &nbsp;out 230MW of Nepal’s power supply – approximately 8% of the total. Over 100 cargo trucks and new electric vehicles parked at &nbsp;Timure Dry Port were swept away. Read also: <a href="https://nepalitimes.com/news/mapping-kangchenjunga-glacial-flood-risk">Mapping Kangchenjung glacial flood risk</a>, Gabe Allen Officials had initially thought &nbsp;the Bhote Kosi had flooded due to heavy rain in Tibet. However, the Department of Hydrology and Meteorology (DHM) and the National Disaster Risk Reduction and Management Authority (NDRRMA) now say a <a href="https://nepalitimes.com/here-now/living-below-nepal-s-melting-mountains">Glacial Lake Outburst Flood (GLOF)</a> is likely.&nbsp; NDRRMA spokesperson Suresh Sunar said it was too early to tell which one, but the flood was most likely the result of one of the glacial lakes in Tibet. Bhote Kosi begins on the north slope of the Ganesh Himal near the Nepal-China border, and its tributary Lende drains the catchment area north of Langtang. The slurry flood on Tuesday was on the Lende (map).&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250709110720_bbc99c5f3e3d61a3d340892e0273fee3605a8d334a2beb354126137bcf0c8d27.jpg" data-media-id="editor_3" data-image-id="20250709110720_bbc99c5f3e3d61a3d340892e0273fee3605a8d334a2beb354126137bcf0c8d27" data-rendition-name="original" width="629" height="759" loading="lazy" alt="Bhote Kosi flood map"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250709110720_39e2f574ff8c12cecda2e5a999d2ba8a0310f599f6b2261dcad7dd43f94df2a1.jpg" data-media-id="editor_4" data-image-id="20250709110720_39e2f574ff8c12cecda2e5a999d2ba8a0310f599f6b2261dcad7dd43f94df2a1" data-rendition-name="original" width="997" height="613" loading="lazy" alt="Bhote Kosi flood map"> </figure>  “Preliminary study suggest that the disaster was not caused by rain in Tibet, but by a glacial lake burst, or another accident,” said Kamal Ram Joshi of the DHM. The level of water at a self-monitoring station in Timure in Rasuwa increased by 3.5m at 3:10AM on Tuesday morning while 13km downstream in Syabrubesi, the level rose by 3.65m at 3:30AM. The same station recorded 5.37m ten minutes later, after which it stopped giving a reading, possibly because the station was also washed away. The flood reached <a href="https://nepalitimes.com/here-now/neither-side-lost-both-sides-won">Betrawati</a> by 5AM, and some of the debris flow reached Mugling during Tuesday. DHM’s Flood Forecasting Division noted that there was no major precipitation in the Bhote Kosi watershed in Nepal and China in the 24 hours preceding the flood.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250708100724_313a684b65fc5317064779e47409a40f2bbce2c0c84db995e7f8fc6e1c142105.jpg" data-media-id="editor_6" data-image-id="20250708100724_313a684b65fc5317064779e47409a40f2bbce2c0c84db995e7f8fc6e1c142105" data-rendition-name="original" width="3600" height="1662" loading="lazy" alt="Bhotekosi flood"> <figcaption>The Miteri bridge before it was swept away by the flood in Bhotekosi on the Nepal-China border. Photo: SUBASH DHUNGANA / RSS</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250708100732_ec43f13bae979f7b61bc0db939db4157dc93d3f0767ed527f564bd5c3d12be27.jpg" data-media-id="editor_7" data-image-id="20250708100732_ec43f13bae979f7b61bc0db939db4157dc93d3f0767ed527f564bd5c3d12be27" data-rendition-name="original" width="720" height="432" loading="lazy" alt="Bhotekosi flood NT 2"> <figcaption>The bridge after the flood.</figcaption> </figure>  On Wednesday, several remote-sensing experts using Copernicus &nbsp;satellite images pinpointed the cause of the flood to Purepu Cangbu where supraglacial ponds had merged in June to form a large lake which did not burst, but overflowed &nbsp;and found a channel through englacial conduits to the headwaters of the Lende. The river meets the Bhote Kosi at the Nepal-China checkpoint in Rasuwa.&nbsp; “Analysis of weather forecasts and satellite data shows the Tibet region did not receive enough rain to cause this scale of flooding,” explained Binod Pokharel, associate professor of hydrology and meteorology at Tribhuvan University. “The flood could have been caused by a GLOF."&nbsp; Two weeks ago, Chinese officials had reportedly warned the Rasuwa District Administration in Nepal to be on high alert for floods on rivers that originate in Tibet. It could be that Chinese scientists had observed the alarming<a href="https://nepalitimes.com/here-now/the-climate-crisis-is-a-water-crisis-in-the-himalaya"> expansion of glacial lakes</a> in the Lende and Bhote Kosi catchments. If that was the case, it is an example of the kind of trans-boundary forewarning that would be critical to save lives in future.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250708100736_1710142917b30d4f85b343ed52743554d723db918c708f0bade8a0491ba999b2.jpg" data-media-id="editor_9" data-image-id="20250708100736_1710142917b30d4f85b343ed52743554d723db918c708f0bade8a0491ba999b2" data-rendition-name="original" width="1001" height="500" loading="lazy" alt="Bhotekosi flood"> </figure>  However, Rasuwa’s Assistant Chief District Officer Dhruv Prasad Adhikari seems to have no knowledge of any warning from the Chinese side, either formally or informally. &nbsp; “The Chinese Embassy has said the cause of the flood is unknown that it will coordinate with Nepal to find the cause," Adhikari told us. Chinese Ambassador Chen Song and Prime Minister Oli visited the border on Tuesday (pictured). &nbsp; The sharing of real-time trans-boundary rainfall and river flow data would be crucial in early warning about the <a href="https://nepalitimes.com/news/mapping-kangchenjunga-glacial-flood-risk">risk and consequences of GLOFs</a> to reduce human and material loss. But Nepali officials say China has been reluctant to share weather-related information and data not just in this disaster, but in the past as well. “There is no mechanism or system in place for us to obtain hydrological and meteorological data of the Tibetan region,” said DHM Director General Joshi. The <a href="https://nepalitimes.com/here-now/for-destruction-ice-is-also-great-and-will-suffice">Himalaya is melting twice as fast as the rest of the world</a> due to a phenomenon called ‘elevation dependent warming’, and receding glaciers have led to an increasing number of transboundary GLOFs.&nbsp; According to <a href="https://nepalitimes.com/here-now/danger-nepal-s-glacial-lakes-are-filling-up">a 2018 ICIMOD study</a>, of the 47 of the most dangerous lakes that threaten Nepal, 25 are on glaciers in China, 21 in Nepal and one in India. Many of these glaciers are expanding rapidly due to global warming. One of the authors of the report, glacial lake expert Samjwal Bajracharya, says that the report was prepared based on data from 2015. But climate change has accelerated since then. Moreover, seismic activity has further destabilises the landscape, adding to <a href="https://nepalitimes.com/here-now/nepals-glacial-lakes-in-danger-of-bursting">GLOF risk</a>.&nbsp; “Considering the rapid rate of snowmelt and consequent increase in size of Himalayan glaciers, studies should be conducted every year, and a monitoring system should be set up on the glaciers,” says Bajracharya. “However, no studies have been conducted in the Himalaya in a decade, which has been our biggest weakness.” &nbsp;

Rasuwa flood likely a GLOF

Former president Bidhya Devi Bhandari last week officially made her comeback to <a href="https://nepalitimes.com/news/what-just-happened-in-nepali-politics">national politics </a>at an event commemorating her late husband UML leader Madan Bhandari’s 70th birth anniversary. Bhandari’s announcement was not a surprise, nor was the furious flutter it created both within and outside the UML. A former president returning to party politics sets a dangerous precedent, many said. &nbsp;&nbsp;&nbsp; “Now that I have been released of my previous political responsibilities, I have renewed my party membership with the righteous intention of remaining in the CPN-UML and continuing the<a href="https://nepalitimes.com/latest/post-convention-uml-eyes-set-on-elections"> party's political journey</a>,” Bhandari said, not very convincingly. Nepal’s Constitution does not prohibit a former head of state from returning to active politics once their presidential term is over, essentially leaving such decisions to ethics rather than any legality. But her return to the UML fold has angered party leaders who considered themselves Oli’s successors as well commentators who saw it as yet another example of the <a href="https://nepalitimes.com/latest/the-business-of-politics-in-nepal">deep rot in Nepal’s politics</a>. ‘<a href="https://nepalitimes.com/news/coalition-set-to-snub-president-bhandari">Bidya Devi Bhandari </a>has not tired of ‘serving’ us despite having held multiple ministerial positions, high-level party positions, and serving two terms as President, but the country and its citizens are tired of her unceasing and immoral ‘service’,’ political commentator Muma Ram Khanal wrote sardonically on social media. ‘Please do not embarrass us through your lifetime ‘service’.’ Bhandari tried to mollify critics by pledging to forego all perks and facilities she is entitled to as a former head of state. This was met with enthusiastic cheers from supporters at the public function. Prime Minister KP Oli, sitting right beside her on the stage, remained stone-faced. He has been against Bhandari’s political comeback, and has tried to talk her out of it. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250711040740_0f2b201ed3ce2f85540554c83fc7aae6bcfcd1377aef614bbc3759eef30baa3f.jpg" data-media-id="editor_4" data-image-id="20250711040740_0f2b201ed3ce2f85540554c83fc7aae6bcfcd1377aef614bbc3759eef30baa3f" data-rendition-name="original" width="2400" height="1599" loading="lazy" alt="PM Oli and Bidya Devi "> </figure>  Oli has reasons to worry, as Bhandari has made it clear that she intends to run for party chair in the next UML general convention. There are also those within the UML who have grown resentful of <a href="https://nepalitimes.com/news/nepal-government-changes-again">Oli’s leadership</a>, and this has polarised the party into two camps with leaders like Ishwar Pokharel in Bhandari’s corner. Oli wields absolute authority over the party, particularly after he sidelined and silenced rivals Madhav Kumar Nepal, Jhalanath Khanal, and Bamdev Gautam.&nbsp; He has removed the party’s 70-year age limit to hold leadership position so that he can continue to be chair even as he approaches the end of term limit, and questions about his health after two kidney transplants. Bhandari wasted no time in wading right into politics to forge alliances. Last week she met Kathmandu Mayor Balen Shah to discuss “latest developments”. She is said to have urged <a href="https://nepalitimes.com/opinion/comment/kathmandu-s-balen-phenomenon">Kathmandu’s popular independent mayor</a> to enter national politics through a party. The mayor is keeping his cards close to his chest. &nbsp; The former president’s return to active politics has also not sat well with other parties, either. Nepali Congress (NC) president Sher Bahadur Deuba, and Oli’s coalition partner, is said to have raised issue with Bhandari’s comeback. The NC Central Committee meeting this week was abuzz with corridor talk about how retired presidents returning to politics affects not just the UML, but undermines <a href="https://nepalitimes.com/editorial/slapping-democracy">Nepal’s democracy</a>. &nbsp; The UML is not the only party roiled in internal strife. The NC Central Committee meetings turned lively as the rank and file fed up with<a href="https://nepalitimes.com/news/deuba-s-long-and-winding-road"> long-serving Deuba</a> and the higher political profile Foreign Minister Arzu Rana, his wife, demanded an overhaul of the leadership.&nbsp; The surname Koirala still has strong brand equity in the NC, and a rival faction led by Shekhar Koirala has questioned Deuba’s competence and has intensified calls for the party’s next general convention to be held on time. His cousin, Shashank Koirala also supports a constitutional amendment to revert Nepal back to Hindu state – possibly with an eye on <a href="https://nepalitimes.com/news/women-first-in-2027-wfnchctq">the 2027 election</a>. The NC’s young turks are no longer young. Party General Secretary Gagan Thapa is approaching middle age while waiting for a greater leadership role with the promise of fresh new blood to rejuvenate the party. &nbsp; Meanwhile, CPN-Unified Socialists chair and former prime minister Madhav Kumar Nepal is facing calls for resignation from within his party after being charged with corruption by Commission for the Investigation of Abuse of Authority (CIAA) for alleged involvement in the Patanjali land scam.&nbsp; Nepal, who has been stripped of his lawmaker status, is currently out on bail. He has said the case against him is politically motivated, fuelled by one-time comrade K P Oli's vendetta.&nbsp; The CPN-US members do not seem keen on Nepal taking the already beleaguered party down with him. Firebrand leader Ram Kumari Jhakri called for a new leadership at an event of the party’s youth wing last week, obviously pushing herself as a possible successor.&nbsp; “The party chair is facing legal and constitutional challenges, we cannot move forward with this dead weight on our shoulders,” Jhakri said, calling for an early general convention to choose new leadership. CPN-US leadership has since admonished her gently about her remark, but others like Jhalanath Khanal and Ghanashyam Bhushal have lent their support. Khanal, a former prime minister himself, even asked for Nepal’s resignation at the party’s secretariat meeting earlier this week.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250711050712_bed4145c696497f12eedc746dcd0308d251ca02312bef88c549a51d54a5032a8.png" data-media-id="editor_10" data-image-id="20250711050712_bed4145c696497f12eedc746dcd0308d251ca02312bef88c549a51d54a5032a8" data-rendition-name="original" width="262" height="402" loading="lazy" alt="Two to tango"> </figure>  Over at the Maoist-Centre, Pushpa Kamal Dahal is also said to be at loggerheads with top comrades, particularly Deputy General Secretary Janardan Sharma, who used to be a guerrilla commander during the conflict. &nbsp; Dahal and Sharma’s relationship has been strained since the party’s last general convention, when Dahal bypassed Sharma for General Secretary. The two have traded barbs in public and private since then. Sharma has long called for competition in party leadership, but like Oli and Deuba, Dahal is reluctant to give up the reins. Dahal has reportedly been reluctant to hold a general convention fearing he will be voted out of his chairmanship. &nbsp; In response, Dahal has attempted to fill the ranks with his own confidants, including actively lobbying for the return of former vice-president Nanda Bahadur Pun to active politics despite objections from the party. Like Bidya Bhandari, this has not been welcomed within the party and outside. And then there is the<a href="https://nepalitimes.com/news/in-with-the-new-out-with-the-old"> Rastriya Swatantra Party (RSP)</a>, the fourth largest in Parliament whose chair, former tv anchor leader Rabi Lamichhane, is in detention for multiple charges of defrauding cooperatives. The three main parties see the RSP as a threat in 2027 and want to tie Lamichhane up with court convictions, but his prolonged detention has actually allowed him to gather some public sympathy – at least on social media. The RSP has rallied around Lamichhane in public, but there are rifts within the party. In April, MP Sumana Shrestha resigned as the party’s joint general secretary, levelling criticism at the leadership and the lack of intra-party democracy and calling for reforms. But Lamichhane’s legal troubles have put a dent on the RSP’s Mission-2084 election campaign, which has come to a standstill.&nbsp; Aisde from internal feuds in all the main parties, the four main parties are also jostling for advantage ahead of 2027. And last week, the Janata Samajwadi Party and Nagarik Unmukti Party both withdrew from the alliance. &nbsp; Speculation is rife of a rift between the two largest parties in the coalition. This is driven by the two parties, which have been bitter rivals since 1990 but are now partners in government, in the leadup to elections. &nbsp; In public, the two parties have maintained that the coalition remains strong as ever. Oli is said to be considering recalling some of his ministers to pacify the NC’s dissatisfaction with UML cabinet members. Deuba seems determined not to let the coalition collapse ahead of his turn to be prime minister for the sixth time next year as per a ‘gentlemen’s agreement’ with Oli.&nbsp; The cement that binds the coalitions together is the mutual threat they feel about <a href="https://nepalitimes.com/opinion/higher-corruption-in-high-places">corruption </a>probes of their leaders. The former RSP-NC-Maoist coalition collapsed last year after Deuba and Oli got wind that Home Minister <a href="https://nepalitimes.com/banner/the-rise-and-fall-of-rabi-lamichhane">Rabi Lamichhane</a> had started investigating the involvement of their top leaders on the fake refugee and tea estate scams. &nbsp; For the moment, though, it seems as though the relationship between Oli and Deuba is more stable than the support both leaders have within their own &nbsp;parties. But the question as the elections approaches is, for how much longer.

Uncontrolled instability in Nepal

Recent outrage in Sikkim over an Indian Army expedition climbing <a href="https://nepalitimes.com/here-now/saving-kangchenjunga">Kangchenjunga</a>, the world’s third-highest peak, has spiked attention to the need to balance mountaineering jobs with indigenous reverence for sacred landmarks. Kangchenjunga (8,586m) is not a peak as much as it is a mountain range with 16 peaks above 7,000m on the border between India and Nepal -- the word itself means ‘five treasures of the snows’ in Tibetan. Some of the highest prominences like Kangchenjunga West and Kangbachen are in Nepal, while the Main, Central and South Peaks are on the border. Climbing the peak from the Indian side has been banned since 2001 because the indigenous Lepcha community there regard the mountain as the abode of Dzoe-nga, the patron deity of Sikkim, which was an independent Himalayan Kingdom until it was annexed by India in 1975.&nbsp; Buddhists in Sikkim say their saint, Padmasambhava, recognised the mountain as a protective spirit. The state has declared the base of the mountain Kangchenjunga National Park, which covers an area one-third of Sikkim. ‘The act of scaling this sacred peak is not only a matter of serious concern but also a violation of both the prevailing legal provisions and the deeply held religious beliefs of the people of Sikkim,’ read a letter from Chief Minister Prem Singh Tamang (Golay) to Amit Shah, India’s Minister of Home Affairs and Cooperation.&nbsp; Tamang continued: ‘We further request Your Honour to take up the issue with the Government of Nepal to ensure that no future expeditions are permitted on the sacred mountain, in deference to the deeply held beliefs and cultural values of the people of Sikkim.’ Kangchenjunga was climbed for the first time exactly 70 years ago by a British team who told King Tashi Namgyal, the Choegyal of Sikkim, that they would not set foot on the summit. Since then, there have been about 532 successful climbs of the peaks and 52 have died while trying.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250628060616_5c268e08cf49f36b79ef9b31933fc2d9bf9a6f65414e7ca06dd028bf04e7ccc1.png" data-media-id="editor_1" data-image-id="20250628060616_5c268e08cf49f36b79ef9b31933fc2d9bf9a6f65414e7ca06dd028bf04e7ccc1" data-rendition-name="original" width="1782" height="1178" loading="lazy" alt="Kangchenjunga: too sacred to climb NT"> <figcaption>Indigenous communities in Sikkim held purification ceremonies following the Indian expedition to Kangchenjunga. Photo: THE VOICE OF SIKKIM / FACEBOOK</figcaption> </figure>  <a href="https://nepalitimes.com/here-now/peak-climbing-season-2025-s4abrxny">This spring climbing season</a> alone, there were 70 climbing permits for foreigners issued for Kangchenjunga by the Nepal government, and made it to the top while one French climber died.&nbsp; One of the expeditions this year was an Indian Army team led by Col Ranveer Jamwal, who has summited the highest peaks on all seven continents, and Mt Everest thrice. Jamwal’s team was on the final leg of a ‘<a href="https://economictimes.indiatimes.com/news/india/nimas-summits-mt-kangchenjunga-concludes-historic-har-shikhar-tiranga-mission-successfully/articleshow/121341315.cms?from=mdr">Har Shikhar Tiranga</a>’ (The Tricolour on Every Peak) mission to plant the Indian flag at the highest points of each of India’s 28 states. Kanchenjunga was the last peak they had left, and the hardest, but the expedition put five climbers on the summit. What seems to have incensed the Sikkimese is that while it has banned climbing the mountain from its side, it was an Indian military expedition that went to Nepal to climb the mountain. After news broke of the climb in May, the Sikkim Indigenous Lepcha Tribal Association asked people to observe purification ceremonies in temples across the state. Mayalmit Lepcha of the association acknowledged that the Sikkim government was also partly at fault: “I don’t think such an expedition could have gone forward without the state government being informed, so it could have done something to intervene. It shows weakness. What’s done is done, all we can do is carry out these sanctification ceremonies.”&nbsp; In 2000, one year before Sikkim’s ban, the state allowed an Austrian team to attempt Kanchenjunga’s northeast face for a fee of $20,000, on agreement that they would stop 10m before the summit. Despite this, there was outrage over the expedition on the grounds that it violated Indian laws regarding the defiling of religious sites and Sikkim’s rights to maintain its culture after merging with India. The Indian Army expedition was also seen to have circumvented Sikkim’s law and violated religious sensibilities by going through Nepal. While the team may have thought they were respecting Sikkim’s beliefs by finding a way to complete the mission, the people of Sikkim saw it as defilement.&nbsp; The somber mood of the Sikkim people at the ritual contrasts sharply with Jamwal’s sense of accomplishment. “Without a doubt, the most difficult summit of my life,” he told reporters after the climb. “It tested every ounce of our will.”&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250628060616_ccfe079c78dab788d19fe2080ee8a5d5dcb11de4157316f6d94e5964da097157.jpg" data-media-id="editor_4" data-image-id="20250628060616_ccfe079c78dab788d19fe2080ee8a5d5dcb11de4157316f6d94e5964da097157" data-rendition-name="original" width="787" height="377" loading="lazy" alt="Kangchenjunga: too sacred to climb NT"> <figcaption>Prayer flags along the Sikkim-Kangchenjunga trekking route. Photo: TREKKINGININDIA.COM</figcaption> </figure>  The <a href="https://nepalitimes.com/news/the-rise-and-fall-of-nims-purja">controversial Nepali-British mountaineer Nirmal Purja</a> was also on Kangchenjunga this spring the mountain, on a mission to summit all 14 8,000m peaks for a third time. He echoed Jamwal about the tough conditions: “The conditions above camp were extremely tough, with deep snow and challenging terrain—more crevasses than usual.” Nepal’s government has not said anything publicly, but it is unlikely that it will ban climbing on Kangchenjunga, since it is becoming popular with expeditions because of its technical challenges, and overcrowding on Mt Everest. Nepal does have bans in place for some of its mountains out of respect for local beliefs. <a href="https://nepalitimes.com/banner/to-open-machapuchre-for-mountaineering-or-not">Mt Machapuchre</a> (6,990m) the imposing pyramid that looms over Pokhara, for example, is seen as an icon of purity by the Gurung people and a symbol of Vishnu by the Hindu communities who live at its base. A strict climbing ban has been in place since 1957, when a British expedition led by Col Jimmy Roberts stopped 45m short of the summit – either because the last bit was too difficult or out of deference to local sentiments.&nbsp; Khumbila that stands above Namche Bazar is only 5,761m high, but like Kanchenjunga is considered the protector deity of the Sherpa people. Gauri Shankar on the Nepal-China border, called Chomo Tseringma by the local community, was off-limits between 1965 and 1979 due to its association with Lord Shiva and Gauri, his consort. Although expeditions are now allowed, there are not too many takers. In Tibet, climbing Mount Kailash is prohibited by the Chinese government because it revered by the Hindus, Buddhists and followers of the Bon faith. Even Mt Everest is regarded as sacred, and its Sherpa name is Chomolungma, Goddess Mother of the Earth.&nbsp; Economically, climbs on Kanchenjunga bring in decent revenue. This climbing season, the 41 permits, at $1,800 each, brought in $73,800. This is somewhat comparable to Makalu, Lhotse, and Annapurna I, but these numbers are dwarfed by the $4 million in <a href="https://nepalitimes.com/news/the-everest-industry">Everest permits</a>. Revenue from Kanchenjunga climbing permits is something Nepal could potentially forgo if necessary, but the expeditions also provide jobs to hundreds of high altitude guides, porters, base camp support staff and other logistical costs.&nbsp; As the third highest mountain in the world and the tallest in India, there will always be significant motivation to climb it from the Nepal side, especially as climbers are drawn by the technical climbing at high altitude.