Nepal court finds wildlife smuggler guilty

https://www.youtube.com/embed/SCmfLUwnPKM?fbclid=IwAR3h1k_eTwFhVoE8SrMAO8kKO15azOH-_Kmr4uQSrfQ0WUpu3iDAPPajf0IA domesticated elephant used for safaris in Chitwan National Park which was being illegally transported to India in contravention of the <a href="https://cites.org/sites/default/files/eng/cop/17/WorkingDocs/E-CoP17-57-01-A5.pdf">CITES</a> (Convention on International Trade in Endangered Species) is being tracked by Nepal police at the border. The 50-year-old female elephant belongs to Jungle World Resort, and is named ‘Ashakali’. A video of the truck showed its number to be: ना ४ ख २८२७.  Wildlife activists say more elephants have been sold to buyers in India for up to Rs9 million each since the pandemic began, and safari tourism in Nepal’s national parks collapsed. Jungle World Resort director Tokraj Khatiwada admitted he had rented Ashakali from India at Rs80,000 a month, and since there had been no tourists upkeep of the animals was difficult and he was sending her back. “You are now all raising the issue of elephant rights protection, but did any of you help feed these animals during the lockdown? The national park did not help either,” Khatiwada told us on the phone from Sauraha. He warned: “We were allowed to send back two rented elephants to India before this, so it is legal. If we are stopped, there will be an agitation here." <a href="https://www.nepalitimes.com/banner/set-the-elephants-free/">Set the elephants free</a>, Michelle Szydlowski According to CITES, endangered wild elephants cannot be domesticated, and it cannot be traded across borders. Many of the 216 captive elephants used in Nepal’s tourism industry are imported from India in contravention of Indian law. It is an irony that some of these elephants are now being sold back to India.  Hari Acharya, spokesperson of the <a href="https://tmmnepal.com/package-details/department-of-national-parks-and-wildlife-conservation">Department of National Park and Wildlife Conservation</a> says, “No one has filed for an application on transporting Ashakali, so the process is illegal. We have written to the authorities at the border to increase vigilance.” <img width="800" height="401" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110111156/636cd8f49c7e80680e092e6fjpeg.jpg" alt=""/>According to the convention, the CITES Management Authority in both countries have to give permission for the cross border transport for endangered species. For example, 16 captive elephants were brought from India in 1986, and 4 Nepali rhinos sent to India in exchange.CITES does not allow the export of captive elephants for commercial purposes. Sources said the elephants were being sold to a new zoo in Gujarat. Up to five elephants have been sent to India since the lockdown went into effect last March, sources said.“We think the collapse of tourism due to the pandemic has made it expensive for private owners of captive elephants to maintain them which is why they have an excuse to sell them to India,” said one conservationist at Chitwan National Park who did not want to be named because of the sensitivity of the issue.After finding out about the illegal trade, the group Pro Public this week wrote to officials in India and Nepal, including the prime minister’s office in the two countries, embassies, and Interpol to stop the transport of captive elephants from Nepal to India.CITES rules say that captive elephants need to be registered, but the national park says very few of the domesticated <a href="https://www.nepalitimes.com/latest/speaking-for-elephants/">elephants</a> in Nepal are registered. Nepal stopped capturing wild elephants to domesticate them 40 years ago. There are an estimated 200-227 wild elephants in Nepal.<a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/nepal-elephant-chitwan-national-park,762">Working elephants rise up, you have nothing to lose but chains</a>, Lucia De Vries <img width="326" height="496" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110111156/636cd8f69c7e80680e092e70jpeg.jpg" alt="">Association Moey first posted information about the elephants being transported to India, which was later shared by Wildlife activist Shristi Singh Shrestha on her Facebook page one Thursday morning. She says safari lodges in Sauraha regard elephants only as profit generators, and she is working with other groups to let them roam in nature. Sanjeevani Yonjan of Wildlife Conservation Nepal (WCN) who has conducted sting operations to apprehend wildlife traffickers, says: “It is not just trans-border transport of elephants that is illegal, it is also illegal to domesticate wild elephants. Lodge owners cannot say they don’t want to follow the law.”Praveen Pokhrel of Rupendehi Police used to be head of Wildlife Crime Division of Nepal’s Central Investigation Bureau (CIB), and says that he had received information about the elephants being transported, and was acting on it. But deputy conservationist at Chitwan National Park Shiva Gaire says he only heard about captive elephants being transported to India on Thursday. “We warned lodge owners that it is illegal to do this, and told them that they may face action,” he added.Wildlife crime researcher Kumar Poudel says owners of captive elephants had been given one year to register their animals, but did not. He adds: “They are openly selling elephants across the border illegally, this has to be stopped immediately.”

original

610x380

400x266

400x240

400x203

301x200

Police track India-Nepal elephant trafficking

<figure><img width="1500" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101136/636b748d9c7e80680e06239fjpeg.jpg" alt=""/><figcaption>Photo : ALEX DUDLEY</figcaption></figure>Nepal is the first tiger-range country to <a href="https://www.nepalitimes.com/banner/how-many-tigers-in-nepal/" target="_blank" rel="noopener">double the number of the endangered big cats</a> in its reserves, and has marked five successive years of <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/more-rhinos-means-more-encounter,4045" target="_blank" rel="noopener">zero rhino poaching</a> -- setting a model for conservation, especially as a country with limited resources.Yet at the same time Nepal has become a thriving transit hub for trafficked endangered species from India, and even Africa, to China. Although the current <a href="https://www.nepalitimes.com/banner/why-nepal-must-watch-about-coronavirus-but-not-panic/" target="_blank" rel="noopener">Covid-19 epidemic</a> is <a href="https://www.nepalitimes.com/banner/coronavirus-outbreak-may-curb-wildlife-trafficking/" target="_blank" rel="noopener">expected to temporarily reduce the market for wildlife</a> (see adjoining piece), improved trans-Himalayan connectivity between Nepal and China could <a href="https://www.nepalitimes.com/latest/better-nepal-china-connectivity-helps-wildlife-smugglers/" target="_blank" rel="noopener">increase smuggling</a> of tiger and rhino body parts and pangolin scales.Read also: <a href="https://www.nepalitimes.com/banner/coronavirus-outbreak-may-curb-wildlife-trafficking/" target="_blank" rel="noopener">Coronavirus outbreak may curb wildlife trafficking</a>, Sonia AwaleThe value of wildlife trade worldwide is estimated at $20 billion a year, making it an incredibly lucrative illicit business, behind only narcotics, human trafficking, and the arms trade. Poverty is often thought to be the main reason behind people’s involvement in this trade. But is it? “There is a common assumption that illegal wildlife trafficking is linked to poverty, but we cannot generalise,” explained Nepali conservationist Kumar Paudel, currently a postgraduate student at the University of Cambridge. “What is the extent of the poverty that leads to wildlife poaching? Are they poaching to provide the next meal for their families, or do they not have enough money to afford a car or a bungalow?”Three years ago, Paudel interviewed 116 individuals serving time in jails across Nepal for trafficking in wildlife, and he has published some of his findings in <a href="https://conbio.onlinelibrary.wiley.com/doi/epdf/10.1111/csp2.137?fbclid=IwAR004cvFh3G7Mn4-lmH8EQAYbjpM8GmCN2KlYmEN2fVnLNgBbuW63wXFPnk" target="_blank" rel="noopener">a recent paper</a> in the journal Conservation Science and Practice. He asked interviewees about their trade practices, economic conditions and motivations.While 56% percent were living below the World Bank poverty line, Poudel found that for many others, poaching was a means not of survival but rather of increasing disposable income. Comfortably-off people and even university graduates were involved in illegal hunting.More than 60% of the respondents were arrested for involvement in <a href="http://archive.nepalitimes.com/news.php?id=654#.XkUaFjIzaUk" target="_blank" rel="noopener">rhino poaching</a>, and said illegal wildlife trade was a relatively easy occupation compared to other employment. Nearly all poachers were male, and almost all knew what they were doing was illegal. Three-fourths were from indigenous communities living near protected areas.Interestingly, Paudel found that 65% of the detained poachers did not think they would be caught, and 84% said they would go back to illegal wildlife trade after being released. “This goes to show that despite having some of the world’s stiffest penalties for wildlife crimes, poachers and smugglers undermine Nepal’s enforcement mechanism or know of loopholes to avoid the penalties, which points to impunity and a lenient system,” Paudel told Nepali Times in an interview. Still, most of the respondents were arrested within a year of having gotten involved in poaching, which seems to show that enforcement is working.The involvement of the Army in guarding Nepal’s national parks has often been credited for the country’s <a href="https://www.nepalitimes.com/banner/in-conservation-nepal-is-not-out-of-the-woods-yet/" target="_blank" rel="noopener">success in curbing the illegal wildlife trade</a>. In India’s protected areas, poaching is rampant. However, while enforcement works in the conservation of mega fauna like wild elephants, rhinos and <a href="https://www.nepalitimes.com/banner/its-a-jungle-out-there/" target="_blank" rel="noopener">tigers</a>, there are questions about <a href="https://www.nepalitimes.com/banner/lesser-known-endangered-species/" target="_blank" rel="noopener">smaller endangered species</a> living outside parks, and of sustainability of the method.“An enforcement-based approach is expensive given the number of police and army officials that need to be recruited, so it begs the question: who will pay for it, especially when we need to work on protection of other smaller species too?” asked Paudel, pointing out that most of those detained appear to be small fry. He added: “It is time we reviewed our enforcement approach and better communicated research to improve the mechanism for conservation.”

Sonia Awale

674x448

500x500

1250x600

1084x550

What drives wildlife poaching?

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

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

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.