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

Aastha Dahal

original

674x448

610x380

500x500

400x266

400x240

400x203

301x200

1250x600

1084x550

Trials and tribulations

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414114/63723d379c7e80680e0c9661jpeg.jpg" alt="" width="1846" height="1266"/><figcaption>Courtroom scene from Maitighar, 1966</figcaption></figure>While teaching at Kathmandu University School of Law, I ask my students if they or their seniors have danced to the Nepali song Maitighar. Nearly all students immediately raised their hands.Not surprising, since the song has been playing for decades in school assemblies, and has been unofficially incorporated as an essential school activity in Nepal’s academic curriculum.Next, I ask students if they are aware that the 1966 movie had an iconic courtroom scene where lawyers argue the facts of a murder case in which the admissibility of a dying declaration was a fact in issue.None of the 200 students were aware of this. Some were inspired to be lawyers after watching the American drama series Suits and Boston Legal. Some said they enjoyed watching Akshay Kumar in Bollywood’s Jolly LLB. But Nepali students of law were not inspired by a Nepali movie.Movies mirror the socio-cultural aspects of a society. How Nepal’s judiciary is portrayed in movies is the first impression of the <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/" target="_blank" rel="noopener noreferrer">delivery of justice for Nepalis</a> who don’t have access to speedy legal aid.The 13-minute climactic court room scene in Maitighar portrays a respectable judiciary. A three-judge bench gives a patient hearing and adheres to the principles of natural justice, a forensic doctor has been invited as an expert witness to guide the judiciary in technical matters of medicine, and public prosecutors and defence counsels are seen establishing a chain of causation of the crime.The dialogue is sound in law, and as the scene intensifies, viewers can’t help but focus their attention to how the judges will be delivering justice.In the 2014 movie Chha Ekan Chha, veteran actor Nir Shah plays the role of a judge who has to determine an adultery case and sets the courtroom decorum by shutting down a misogynic comment made by the lawyer. However, that promising scene immediately degenerates into another in which the judge decides to flirt with the woman in the witness box.The portrayal of this scene was upsetting, but not unprecedented in real life. A young lawyer friend once related to me how while arguing a case before the court, a judge stopped her to ask about her age and her father’s occupation.She answered politely and continued to defend her client. A few days later, she got the news that the judge was trying to find a suitable female practicing lawyer to marry his son.The star studded Chakka Panja 2 movie has a polyandry case shot in the premises of Patan High Court. The legal issue being argued is the validity of a marriage for the purpose of migrating to Australia.While cross-examining a witness, Priyanka Karki’s character makes an emotional argument stating that Nepali youth do not have faith in the country, and will not return to build the nation. The witness leaves the courtroom, disobeying the judge, thereby portraying the inability of the judge to hold court.The common theme in these movies circles around the <a href="https://www.nepalitimes.com/banner/are-women-not-nepali-enough/" target="_blank" rel="noopener noreferrer">rights of women</a>. However, the 2021 movie Eh Mero Hajur 4 seems to have digressed from this by portraying a custody battle. Not of a child, but a dog.The fact that the judge entertained a matter of an unmarried couple makes you wonder how the suit has locus standi, but when the judge goes on to pass a joint custody order over the dog it raises questions of jurisprudence.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414114/63723d3a9c7e80680e0c9662jpeg.jpg" alt="" width="886" height="1284"><figcaption> </figcaption></figure>In these scenes, the script is replete with sexist jokes and personal attacks at the judge. The arguments are over-expressive, all to get a few laughs from the audience. The judiciary is not portrayed as a formal and serious institution where distressed citizens come to receive justice, but a playground where justice is delivered based on populist arguments rather than resolute understanding of law.What has the Bar Council been doing? Its primary task is to uphold the ethical values of the legal fraternity and make it a respectable profession. The Judicial Council is also expected to instil faith in Nepali citizens’ access to justice by immediately addressing concerns about the independence of the judiciary. The portrayal in Nepali movies does not help when embarrassing behaviour by judges and lawyers frequently make the media headlines.Read also: <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/">Federalism, rule of law and the judiciary</a>, George Varughese and Iain Payne <a href="https://www.nepalitimes.com/opinion/devolving-the-judiciary/">Devolving the judiciary,</a> George Varughese and Iain Payne<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414114/63723d3c9c7e80680e0c9663jpeg.jpg" alt="" width="1654" height="936"><figcaption> </figcaption></figure><a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">What is happening to Nepal’s Supreme Court?</a>, Santa Gaha MagarLast October, we had two <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">lawyers punching each other</a> in the premises of Nepal Bar Association over a dispute about boycotting the bench assigned by Chief Justice Cholendra Shamsher Rana. In June an audio recording was leaked to the press in which a lawyer and Kathmandu District Court judge were found negotiating a deal for the bail of real estate tycoon Ichchha Raj Tamang.There were reports in July that more than 200 complaints had been filed before the Judicial Council on the <a href="https://archive.nepalitimes.com/article/editorial/fusion-of-powers,3760" target="_blank" rel="noopener noreferrer">illegal and political appointment</a> of judges by neglecting established principles of law. In September, Chief Justice Rana started disclosing political affiliations of various former and sitting judges while defending himself before the Impeachment Recommendation Committee of the Parliament.All this in a period less than 12 months. Expecting law teachers in Nepal to inspire the next generation of lawyers in the midst of all this is asking them to forge a false narrative of a profession which lacks role models. The present leaders of the legal profession need to act by example, to give hope for the upcoming generation.<a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">Old wine in old bottle in Nepal’s politics</a>, Shristi KarkiIt is not surprising, therefore, that the portrayal of <a href="https://www.nepalitimes.com/here-now/supreme-court-puts-nepal-politics-back-on-track/" target="_blank" rel="noopener noreferrer">Nepal’s judiciary</a> in the country’s movies has been declining between 1960’s and 2020’s. The movies are just mirroring society. As a law teacher trying to mend things, I have to admit sadly that the way the judiciary is shown in films is accurate.Prajwal teaches law at Kathmandu University and was an Oxford Policy Fellow at the Ministry of Finance in Uganda.

How the judiciary is depicted in Nepali movies

<figure><img width="2400" height="1365" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d14489c7e80680e0a996djpeg.jpg" alt=""/><figcaption>Chiwan gears up for the 10th National General Convention of the CPN-UML on Friday. Photo: RSS</figcaption></figure>Nepal’s governance is once more grinding to halt as the two major parties, the Nepali Congress (NC) that leads the ruling coalition, and the opposition UML gear up for their general conventions.Such is the relentless focus on heated contest for influential posts within these parties that even the <a href="https://www.nepalitimes.com/opinion/the-real-story-in-nepals-supreme-court-debacle/" target="_blank" rel="noopener noreferrer">mutiny within the Supreme Court</a> against the Chief Justice has dropped off the headlines.  The conventions, during which Deuba and Oli will once again vie for top leadership positions within their respective parties, will take place even as the three branches of government are all tangled up. The UML conclave is being held in Chitwan this weekend, and the NC is holding its in mid-December in Kathmandu.The row over Chief Justice Cholendra SJB Rana has not only spot-lit the transactional relationship between the judiciary and executive, but also how the state is being held hostage by the internal power struggles within the main political parties.<a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">What is happening to Nepal’s Supreme Court?</a>, Santa Gaha MagarNepal’s current political turmoil came to a boil in December 2020 when Prime Minister KP Oli <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer">dissolved the House</a> in response to a months-long <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" target="_blank" rel="noopener noreferrer">internal power struggle </a>between him and his Nepal Communist Party co-chair Pushpa Kamal Dahal. The PM’s move was unsuccessful, as the Supreme Court restored the House in February 2021.This ultimately led to the Supreme Court deciding that the NCP unification was null and void, thus driving Pushpa Kamal Dahal of the Maoists and UML dissenter Madhav Kumar Nepal <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer">to ally with the opposition</a> led by the NC’s Sher Bahadur Deuba.  Oli dissolved parliament for a second time in May and the Supreme Court once more deemed it unconstitutional, even ordering that Deuba replace Oli as prime minister.Deuba began his<a href="https://www.nepalitimes.com/latest/deubas-long-and-winding-road/" target="_blank" rel="noopener noreferrer"> fifth term as prime minister</a> in July, leading a five-party coalition government by proroguing parliament and passing an <a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">ordinance to amend the Political Parties Act</a> that made it easier for political parties to split.This was directly intended to allow his ally Madhav Nepal to break away from the UML and form his own party, so making it possible for him to team up with the coalition government and seek cabinet positions. Many saw the prime minister's move (something he and his own coalition partners had accused Oli of committing) as an undermining of the parliamentary process.<a href="https://www.nepalitimes.com/latest/nepals-post-breakup-politics/">Nepal’s post-breakup politics</a>, Santa Gaha MagarBut Deuba outdid Oli: after the ordinance had served its purpose and begun to become a burden during his much-delayed cabinet expansion, he got President Bidya Devi Bhandari to <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/" target="_blank" rel="noopener noreferrer">repeal it</a>.  Deuba was bitterly criticised for running roughshod over the Constitution, but he was happy to form a full government. In the days leading up to the Cabinet expansion, news emerged that Chief Justice Rana wanted his nominees to also be given ministerships. The public, media and the legal fraternity was outraged by this blatant violation of the separation of powers.  <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/" target="_blank" rel="noopener noreferrer">Among Deuba’s cabinet picks</a> was Gajendra Bahadur Hamal for Minister of Industry, Commerce and Supplies, who just happened to be the brother-in-law of Chief Justice Rana and an NC member.Both Justice Rana, as well as Deuba’s camp, vehemently denied having negotiated for Cabinet positions, but the damage had been done. Hamal could not stand the heat and resigned three days later, leading many to conclude that there had indeed been a deal between the chief justice and the prime minister.As the judiciary erupted in protest, the Supreme Court stopped scheduled hearings. The Supreme Court Bar Association, the Nepal Bar Association, former Supreme Court justices <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">called for boycotts</a> demanding the resignation of Chief Justice Rana.Rana has refused to step down, saying he would rather face an impeachment motion in the House, knowing fully well that the politicians did not have the stomach for it because of their own pending cases. A compromise of sorts was reached this week under which cases in the Supreme Court will be decided by a tamper-proof lottery-based cause list.<a href="https://www.nepalitimes.com/banner/non-government-of-nepal/">Non-government of Nepal</a>, Sonia AwaleNow, as the two major parties hold their general conventions as required by law, there are doubts about whether they serve any purpose when power is so centralised at the top leadership of parties even with federal devolution.“The Nepali Congress and the UML were revolutionary political parties formed after the democratic movement 30 years ago, they were expected to bring about great socio-economic transformation,” says political science professor Krishna Khanal. “But they face a great crisis, they are in a trap of their own making.”Khanal notes that the greatest challenges for Nepal’s political parties are not constitutional matters or public opinion and discourse, but conflicting ambitions within individual parties that could make them implode, as parties have done in the past.“There is no internal democracy within Nepal’s political parties,” laments Radheshyam Adhikari himself an NC MP. “The  Constitution stipulates that political parties must hold internal elections every five years, which Nepal’s major political parties have failed to do. They have therefore lost their public legitimacy.”Khanal and Adhikari agree that political parties have just become a collective of selfish people seeking to grab power for their own self-interest. The current political climate also brings into question the leadership of Nepal’s ageing political figures, and the need for a younger generation to step up to the stage.“Nepal’s political parties are a stagnant swamp, not a constantly flowing river,” Khanal says. “The same leaders from three decades ago are still holding and vying for power instead of passing the baton to a new generation of leaders who came post-2006.”Meanwhile, Nepalis are now so disillusioned with the current state of politics that they do not just blame the politicians, but to flaws in the Constitution and even the very concept of a secular multi-party federal state.  However, former law minister and ambassador to India Nilamber Acharya says the current state is not due to the Constitution, but the flagrant violation of its principles.<a href="https://www.nepalitimes.com/latest/india-nepal-ties-must-move-beyond-1950-treaty/">“India-Nepal ties must move beyond 1950 treaty”</a>, Nepali Times“The current political disarray is not due to republicanism or federalism, but due to the inability of elected leaders to bring those concepts into practice,” Acharya says. “The responsibility of preserving the democratic process and strengthening the republic lies primarily with the Nepali Congress and the UML.”  He adds, “The flaw lies not in democracy, but in the fact that we do not have a functioning democratic process. The multi-party system is not responsible, the deep factionalism within the parties, and the inability of leaders to work together for the national interest.”

Shristi Karki

Unconventional party conventions

<img width="1279" height="774" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d141b9c7e80680e0a995fjpeg.jpg" alt=""/>Till he was recalled last month by Prime Minister Sher Bahadur Deuba, Nilambar Acharya was Nepal’s ambassador to India since 2019. Acharya had previously served as Law Minister, as well as the Chairman of the Constitutional Committee. He spoke to Santa Gaha Magar about Indo-Nepal relations, and the country’s domestic politics:Nepali Times: As someone who was posted to New Delhi during a <a href="https://www.nepalitimes.com/latest/untangling-the-kalapani-knot/" target="_blank" rel="noopener noreferrer">rocky period in bilateral relations</a>  please give some insight into the current state of India-Nepal ties.Nilamber Acharya: The relationship between Nepal and India is vast and nuanced. There are problems as well as positives, and they cannot be understood if we look at them in a one-dimensional framework. We need to be careful that the problems do not overshadow the positive aspects of our relationship. The Indian people have a lot of goodwill towards Nepalis.Like any other relationship, our bilateral ties need to evolve in the context of the times. And that has been the biggest challenge. Both governments and their political leadership need to be especially mindful of this fact.What could be the reasons why India has not formally received the report prepared by the bilateral Eminent Persons' Group (EPG) on Nepal-India relations?I am not sure why India has been reluctant to receive the EPG report. The document, which is integral to strengthening the foundations of our bilateral relationship, was finalised in consensus with four members from both countries. If India delays acknowledging and receiving the report any longer, it will be that much more difficult to move forward to review our diplomatic relations.Could it be that Nepal has not taken a more active initiative to implement the report?We have consistently engaged with our Indian counterparts to follow up on the EPG. There was not a single meeting during my term as ambassador when this report wasn’t discussed.In fact, then-Foreign Minister Sushma Swaraj at one stage before the 2019 Indian elections had assured us that India would receive the report. Prime Minister Narendra Modi said the same thing during the inauguration of the Nepal-India Petroleum Pipeline. Ultimately, it did not work out.After that, was there not enough pressure from Nepal, or did the Indians change their mind? Initially, both sides had agreed to submit the report first to the Prime Minister of India, then to the Prime Minister of Nepal, following which it would be made public via a press conference. However, there has been a roadblock from the Indian side. As I said, Nepal has repeatedly reminded and urged our counterparts to move forward with the report, but to no avail. Once the report is received, it would then be up to both the governments to decide whether to implement the its provisions and to what extent. One thing is for sure. Our bilateral relationships cannot move forward on the basis of the 1950 treaty.Could <a href="https://www.nepalitimes.com/latest/india-china-and-nepals-political-crisis/" target="_blank" rel="noopener noreferrer">India’s perceptions on Nepal vis-à-vis China</a> be one of the reasons?Our relations with India and China are mutually exclusive to one another. Establishing diplomatic ties with another country does not mean that our relations with India have weakened. Diplomatic relations with countries have different contexts, and must therefore be understood separately. Diplomatic ties with one nation do not and should not have a negative effect on relations with another.Let us turn to Nepal. As a former law minister, what are your views on the <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">Supreme Court row</a>?The current controversy surrounding the Supreme Court is not limited to whether the Chief Justice should resign or not. This issue is emblematic of a widespread disease that has for long plagued the very foundation of Nepal’s judiciary, which needs to be addressed properly. It is the responsibility of the Chief Justice, the judges of the court, and the government to address and solve those problems immediately.However, instances of judges boycotting the court and refusing to hear and try cases are not representative of the principles of the judiciary. The <a href="https://www.nepalitimes.com/opinion/the-real-story-in-nepals-supreme-court-debacle/" target="_blank" rel="noopener noreferrer">problems within the court</a> must under no circumstances impact the judicial process or hinder Nepalis’ right to justice.Who is responsible?The government, political leadership, and experts in the field must come together to identify the problem through research and investigation. <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">What is happening to Nepal’s Supreme Court?</a>, Santa Gaha MagarMany have linked the Constitutional Council, the Judicial Council, and even the Constitution of Nepal to the problems surrounding the Supreme Court. Do you see any flaws in the constitution?Seeing as the Constitution maintains objectivity over all things, debates about flaws in the Constitution do not come into play in this matter. What needs to be thoroughly examined is whether there are irregularities in institutional appointments and if the concerned authorities have been doing the work that they were assigned to do. Corruption must be investigated and the corrupt punished, but baseless public indictment must not be entertained. That is how this disease can be treated.Is our constitutional structure equipped to establish bodies to address our current problems?
The government should not remain silent in this matter by leaving it up to the judiciary. Rather, should find a solution to this problem through political means, by hearing the grievances of all disputing groups.
Moreover, it is natural to protest and make your voices heard, but the movements concerning this issue must not be drawn out to the degree that it affects the people's right to justice. That is not correct.
If the government gets involved, doesn’t it mean that the executive and the legislature are interfering in matters of the judiciary?
It is not to say that the government should direct the judiciary on what to do and what not to do, and should not be taken to mean as a call against the<a href="https://www.nepalitimes.com/here-now/supreme-court-puts-nepal-politics-back-on-track/" target="_blank" rel="noopener noreferrer"> separation of powers</a>. Rather, the government must facilitate the judiciary in the administration of justice. This is similar to how the executive assigns the budget to the court, and how laws implemented by the judiciary are passed by the parliament.
As it is, this became a matter of political concern as soon as the problem could not be contained within the judiciary, and the fights and disagreements spilled out into the streets.
Many have compared the current state of Nepal’s judiciary to that of post-panchayat Nepal in 1990. Was the judiciary in a better position then than it is now?
The circumstances surrounding Nepal’s courts then and now are incomparable. Nepal’s judiciary only became independent after 1990, following which judges were appointed through a democratic system. Before that, judges used to be assigned for having joined a political party, or simply for holding and voicing opinions about the need for democracy. 
Was that a good arrangement? Certainly not. Barring some decisions in the favour of the people and the media, court decisions largely discriminated against the citizens and deprived them of their rights.
Other aspects of Nepali society have been cited as being better before than it is now.
As I said, comparisons do not help. Nepal in the past did not have inclusion, in the human, political, and civil rights and liberties spheres. And while this is not to say that the past was without any progress, it is inaccurate to say that Nepal was more just or democratic in the past. 
The people could neither form governments nor change them if they were dissatisfied. In fact, they were not people at all, but subjects. As far as the courts were concerned, judicial decisions were heavily influenced by forces outside the judiciary. As it was, people were able to demand to be heard and were ultimately successful in establishing democracy in 1990. Following the king’s refusal to be a subordinate to his people, Nepal became a republic.
What is your response to those who ascribe the current problems within Nepal to republicanism, secularism and federalism?
The reasons for problems in Nepal at present are not due to the Constitution--although the Constitution should be amended in time--but due to a failure to implement its provisions. Societal instability is not due to republicanism or inclusion, but due to the inability to bring those concepts into practice. The flaw lies not in democracy, but in the fact that we do not have a functioning democratic process. The multi-party system is not responsible, but <a href="https://www.nepalitimes.com/editorial/they-fail-we-fall/" target="_blank" rel="noopener noreferrer">factions operating within individual political parties</a> are.
The problem is not the Federal Democratic Republic of Nepal. The problem is that we have not yet been able to bring into practice what the Federal Democratic Republic of Nepal symbolises.
So republicanism or secularism are not directly threatened?
Everyone has the freedom to voice different views in a democratic society, and we have come a long way to achieve this. When people are dissatisfied with the democratic process, they can express that through the polls. What is in the past will remain there, be it the Rana regime, the Panchayat, or the monarchy. The only way to move is forward.
Does it seem like Nepal’s major political parties have been stingy in taking ownership of the federal democratic republic?
Nepal’s history from a monarchy to a federal democratic republic is the result of significant transitions. We have been headed in a positive direction, and things are not worse than they were before. For instance, it is not to say that corruption has increased, rather the awareness of corruption and the need to hold those corrupt to account has increased. Similarly, we are at a point where we can openly speak out against discrimination and mistreatment of communities. 
There is no need to be discouraged by the momentum of Nepal’s socio-political progress. However, even though Nepal is a multi-party democracy, the responsibility of preserving the democratic process and strengthening the republic lies primarily with the Nepali Congress and the UML. Nepalis are soon going to make their voices heard through the polls, and how they fare in the upcoming elections will determine the future of the country.

“India-Nepal ties must move beyond 1950 treaty”

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016110/636d121a9c7e80680e0a98bbjpeg.jpg" alt="" width="890" height="500"/><figcaption></figcaption></figure>The current questions about the separation of powers surrounding Chief Justice Cholendra SJB Rana and Prime Minister Sher Bahadur Deuba after <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/" target="_blank" rel="noopener noreferrer">the appointment</a> (and subsequent resignation) of Rana’s brother-in-law Gajendra Hamal as a minister in government has raised serious questions about the conduct of justices, as well as interference in the judiciary by Nepal’s political leadership.This seeming give-and-take between the PM and the CJ set off an outcry from within Nepal’s judicial community, political commentators and the mainstream media. The public also made its opinion known through charged discourse on social media.Rana, for his part, swiftly refuted allegations that he had proposed Hamal’s ministership, as did a spokesperson for the prime minister when the issue was raised during a House session ahead of the cabinet expansion. Meanwhile, those in the Nepali Congress (NC) blamed the opposition UML for being behind “baseless rumours”.But less than 48 hours since his appointment, Minister Hamal resigned, proving that the explanations of the PM and CJ did not hold water. Rana has subsequently faced growing <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">calls for his resignation</a> from former chief justices, current justices of the court, as well as the Nepal Bar Association and the Supreme Court Bar Association.Justices and lawyers have been boycotting full court hearings called by Rana, as well as cases in the Supreme Court and other courts across Nepal since, affecting the judicial process.The Nepal Bar Association issued an ultimatum to Chief Justice Rana to resign, and protests, as well as calls for his impeachment, have been escalating when he failed to meet the deadline set before the Tihar festival.The controversy has exposed the transactional relationship between Nepal’s executive and judicial branches. However, what has been is that the nexus between political leadership and <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/" target="_blank" rel="noopener noreferrer">the Supreme Court</a> existed long before the current debacle.Political influence over the judiciary was seen when Chief Justice Khil Raj Regmi was appointed chairman of the council of ministers by the then CPN-Maoist government in March 2013, following the failure of Nepal’s Constituent Assembly to draft the Constitution after two term extensions.Since then, it has become commonplace for politicians to interfere with the courts and judges through the Judicial Council, hand out positions to those deemed favourable, block unfavourable judicial appointments in Parliament hearings, engage in ‘bench buying’ in the Supreme Court, and even attempt to impeach the Chief Justice for failing to cater to their demands.In fact, this is not the first time Deuba and Maoist leader Pushpa Kamal Dahal have tried to undermine the independence of the judiciary. In 2017, the NC-Maoist coalition government filed an impeachment motion against Chief Justice <a href="https://archive.nepalitimes.com/article/interview/a-woman-is-as-capable-sushila-karki,3375" target="_blank" rel="noopener noreferrer">Sushila Karki</a>, accusing her of interfering with executive decisions after she overturned the appointment of the Chief of Police.It was actually Justice Cholendra Rana who issued an order against <a href="http://archive.nepalitimes.com/blogs/thebrief/2017/05/05/sc-stays-impeachment/" target="_blank" rel="noopener noreferrer">the impeachment motion</a>, rejecting the interference over the judiciary by the executive branch. Rana also helped overturn K P Oli’s dissolution of Parliament in July which led to regime change and the five-party coalition under Deuba.The irony is that the same figure who was once hailed as the protector of the sanctity of the judicial process is now being held responsible for encroaching upon the dignity of the judiciary and tarnishing the reputation of the Supreme Court.By becoming an active collaborator in political and constitutional appointments, Chief Justice Rana has acted against judicial discipline, also contributing to eroding the principle of the separation of powers. The latest collusion between the PM and CJ has laid the precedent for unchecked political bargaining and the blurring of lines between the judicial and the executive branches.In August, Deuba ended the Parliament session in the midst of a budget debate to issue the ordinance to amend the Political Parties Act that allowed his ally Madhav Kumar Nepal to break away from the UML, form a new party and join his coalition. A little more than a month later, <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/" target="_blank" rel="noopener noreferrer">he repealed the ordinance</a> to make way for this cabinet expansion.Issuing such an ordinance by suspending Parliament to benefit a particular person or party, and then repealing it once it had served its purpose, is a deliberate and cynical attack on the rule of law.What happened with Gajendra Hamal is evidence that the current leadership is running the state like a private company to perpetuate its own power – not an institution that serves the Nepali people.Deuba’s coalition has crushed the very foundation of our Constitution under the pretext of defending it. Prime Minister Deuba and Pushpa Kamal Dahal have found willing and enthusiastic co-conspirators in each other, using the judiciary to fulfil their individual agendas and destroying our democracy in the process.It is becoming increasingly clear that one of the primary reasons why Deuba and Dahal have orchestrated this political theatre is to garner support from within the judiciary to avoid being held accountable for war crimes committed when both were leaders of opposing sides in the 1996-2006 insurgency.Furthermore, the leadership is seeking to silence the international community on the <a href="http://archive.nepalitimes.com/regular-columns/guest-editorial/justice-delayed-justice-denied-transitional-justice,849" target="_blank" rel="noopener noreferrer">matters of transitional justice</a> by paving the way to clear their names of any involvement in further cases that might arise in court.Indeed, Maoist leader and <a href="https://www.nepalitimes.com/latest/speechless/" target="_blank" rel="noopener noreferrer">House Speaker Agni Sapkota faces a war crime charge</a> in the Supreme Court. Both Sapkota and Rana are members of the Constitutional Council, and Sapkota stands to benefit in the courts through his association with the Chief Justice.In 2018, the Maoist government rejected the nomination of Deepak Raj Joshi as chief justice in retaliation against his imprisonment order on Maoist cadre Chhabilal Poudel for the abduction and murder of Krishna Prasad Adhikari during the conflict in 2004. Adhikari, a resident of Fujel in Gorkha, had been accused by Maoists of spying on behalf of the state. Other judges involved in the case who ruled against the victim have all since been rewarded by the party.The Maoist war ended 15 years ago and <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" target="_blank" rel="noopener noreferrer">Nepal’s transitional justice process is stalled</a>. Families of the 1,400 disappeared are waiting for the truth, victims of war crimes also want justice, and the thousands who were wounded, tortured, raped, or lost property during the conflict await compensation.And while the Supreme Court verdict seven years ago to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act to prevent perpetrators of war crimes from being exempt from punishment has still not been carried out, the order to make Sher Bahadur Deuba the prime minister was implemented within 24 hours.Such is the failure of the judicial system to stand for transitional justice, and the two erstwhile enemies, Deuba and Dahal, are among the primary players stalling the process.Over the coming days, the Chief Justice may very well buckle under judicial and public pressure and resign. And while his exit is necessary to the preservation of the impartiality of the judiciary, the buck must not stop with him. The prime minister and other leaders of Nepal’s coalition are equally, if not more responsible for the dismantling of state mechanisms, and cannot be spared from consequences.In particular, the Nepali Congress, the party once synonymous with democracy now seems hell bent on demolishing it, and must be held accountable. The prime minister blatantly used the judiciary to fulfil partisan interests, and must have to answer for it.The judiciary is, without compromise, the foundation of a democratic system, and freedom, fairness and autonomy are its cornerstones. It is a source of great hope and is the last line of defense against the violation of individual freedoms and the constitutional rights of victims.The hopes and trust of millions of Nepalis rest upon the judicial system. As such, the sustainability of an independent judiciary depends upon the competence, empathy, and sincerity of the leadership within all institutions of the branches of government.The institution will crumble without public trust, and our democracy, achieved through the countless sacrifices by Nepali citizens over the years, will be reduced to just a showpiece on the mantle of Nepal’s history.Charan Prasai is a human rights activist and coordinator of Accountability Watch Committee.cprasai@gmail.com

The real story in Nepal’s Supreme Court debacle

<figure><img width="640" height="443" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110111152/636cd7f79c7e80680e092e17jpeg.jpg" alt=""/><figcaption></figcaption></figure>As the world celebrates 110th International Women’s Day, Nepali Times caught up with Supreme Court Justice Sapana Pradhan Malla to discuss progress of Nepal’s feminist movement, and the legal challenges that lie ahead. Translated excerpt:Nepali Times: How far has the Nepali feminist movement come?Sapana Pradhan Malla: It has evolved from discourse about the right to education and property, <a href="https://www.nepalitimes.com/banner/child-marriage-in-nepal-eloped-at-13-mother-by-17/" target="_blank" rel="noopener noreferrer">child marriage</a>, exploitation, harmful religious and socio-cultural practices to ‘inter-generational feminism’ where young women, men, and even children can raise their voices for the right to privacy, rights of different genders, languages, geographies and religious minorities, encompassing the rule of law and the democratic process as a whole. Where does Nepal stand among South Asian nations in terms of women's rights?If we look at the Gender Development Index, Nepal tops the list of countries in Asia that have made progress in terms of <a href="https://www.nepalitimes.com/editorial/everyday-as-if-it-is-womens-day/" target="_blank" rel="noopener noreferrer">women’s empowerment</a>. Nepal’s Constitution is among the most progressive in South Asia for gender equality and the implementation of women’s rights. We have indicators to support the claim. However there are many other pressing issues, most importantly regarding <a href="https://www.nepalitimes.com/banner/nepal-waits-for-an-unequal-citizenship-law/" target="_blank" rel="noopener noreferrer">citizenship</a>, that need to be addressed.What are these indicators?Our 2000 study 'Discriminatory Laws in Nepal and Its Impact on Women' found 118 articles in 54 laws that were discriminatory towards women, the most explicit of which were the ones on citizenship, property, human trafficking, education, employment, reproductive health, marriage and divorce laws.Since then, apart from the <a href="https://www.nepalitimes.com/latest/nepals-citizenship-bill-is-a-hornets-nest/" target="_blank" rel="noopener noreferrer">citizenship law</a>, others have been amended. Women have been guaranteed rights to property, stricter sentencing has been introduced for those convicted of rape, marital rape has been criminalised, abortion has been made legal, and we have made legal strides to increase women's participation in the socio-political process. Were these achievements a result of political movements or feminist movements, or a mixture of both?The primary credit goes to those who filed Public Interest Litigation cases in the courts, which led to them dismissing discriminatory clauses in some cases and issuing directives to formulate new laws in others.Political movements played a significant role in women’s issues, as women actively participated in the two People’s Movements as well as in the Maoist armed conflict, because they no longer wanted to be left behind. Similarly, the unique needs of women were also brought to the forefront during the earthquake when there was a demand for birthing tents. The awareness brought about by political movements and national emergencies cemented their independent identities and the need to protect them, as well as giving a voice to their experiences.What does it mean for women to see other women represented in positions of power?Seeing <a href="https://www.nepalitimes.com/banner/women-leaders-seen-but-not-heard/" target="_blank" rel="noopener noreferrer">women in positions of power</a> can set a powerful and reinforcing example. In particular, Nepali women who have held the highest offices -- like the office of the President, the Speaker, and the Chief Justice -- are symbols of women rising through the ranks within unbalanced power structures. They should thus be role models for all women. If there are sensitive men in influential positions, it can also impact change that is in favour of women. <figure><img width="640" height="418" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110111152/636cd7fa9c7e80680e092e18jpeg.jpg" alt=""><figcaption></figcaption></figure>Does the feminist movement address the needs of marginalised groups?Every marginalised community, be it in terms of language, geography, religion, or gender, faces different challenges. As such, feminism too does not reflect a uniformity of ideology among all those who identify as feminists. Indeed, we have a diversity of opinion and differ and disagree on various issues, for example the legalisation of sex work, or abortion.In fact, the ways in which women choose to participate in the <a href="https://www.nepalitimes.com/here-now/who-were-the-charitraheen-cheli/" target="_blank" rel="noopener noreferrer">feminist movement</a> itself may vary. Some may take to the streets, while others take the legal route and go to the courts. Others might affect change by participating directly in the political process. The point is that women should take whatever opportunity there is to raise their voices.But whatever path they take, the goal is equality. And those of us who are in a position to affect change should work with the collective national interest at heart. <a style="font-size: 15px; letter-spacing: 0.01em;" href="https://archive.nepalitimes.com/article/interview/a-woman-is-as-capable-sushila-karki,3375" target="_blank" rel="noopener noreferrer">Former Chief Justice Sushila Karki</a> narrated her experience of feeling uncomfortable in a judicial system dominated by men at all levels.  Do you have a similar experience?Many people are of the belief that women have no judicial or legal knowledge, and it is up to us to make sure that our work reflects otherwise. My appointment was mired in controversy, but no one questioned my judicial capability and knowledge because they were aware of my professional background.What are biases against women in the judiciary?There are several ways in which women’s work and experiences have been minimised and delegitimised in the judiciary. For instance, our level of education and knowledge of legal and judicial matters are frequently questioned. Secondly, women are branded too emotional, easily given to fear and weakness. Thirdly, we are subject to resentment and objectification because some people consider that women have achieved their position due to their gender and not their qualifications.But there is also cause for optimism. At present, 70% of students enrolled at the Law Campus are female, and women consistently rank at the highest positions in the Bar Council exams. The challenge is to retain women in their professions, and unburdening women of household responsibilities and obligations will play a role in ensuring that they are able to have fulfilling careers. What should be the next path for Nepal’s feminist movement?The primary need is economic empowerment and independence for women. Legal provisions and amendments mean nothing if they cannot be accessed because women are financially beholden to someone else. In addition, the legal complexities surrounding citizenship need to be resolved. It is also important that women play active roles in policy formation and decision-making. The movement should also focus on how women can advance in the fields of science and technology.Another pressing issue is <a href="https://www.nepalitimes.com/banner/crossborder-cybercrime-and-punishment/" target="_blank" rel="noopener noreferrer">cybercrime</a>. Given that there is no clear jurisdiction on the use of technology, international cooperation is very important. At the same time, there need to be institutional mechanisms within the country to tackle cybercrime and hold criminals to account.But mostly, these changes will happen when we are able to change people’s perspectives. Women need to show that they are capable of doing that. Change is possible, what it requires is collective effort.Longer, Nepali original of the interview is in <a href="https://www.himalkhabar.com/news/122491" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.himalkhabar.com/news/122491&amp;source=gmail&amp;ust=1615292483581000&amp;usg=AFQjCNHKJi8TNo-awbKu8zuGH9eRpiF-_Q">Himal Khabarpatrika. </a>

“The goal is empowerment and independence of women”

<figure><img width="800" height="910" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a419d9c7e80680e04a685jpeg.jpg" alt=""/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>Just when we thought everything necessary had been said about <a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">Nepal’s corrosive corruption</a>, it seems to be even worse. The idea that ‘corruption’ is a Rs100 note slipped under a table is now just a quaint notion. Today, a network of politicians, bureaucrats, the legislature, judiciary and private sector cartels plunder and loot from the people, dividing the spoils. The beauty of it: no one is caught.Read also: <a href="https://www.nepalitimes.com/?p=27016&amp;preview=true" target="_blank" rel="noopener">A klepto republic</a>, Editorial‘Corruption in Nepal is not a series of disjointed, individual acts. Instead, a range of stakeholders spanning public, private and criminal spheres operate as one to steal from the people and ensure impunity thrives,’ says a new report by the <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>, Nepal’s Kleptocratic Network: Mapping Corruption and Impunity.  The network is one of shifting alliances spanning multiple agencies, with powerful businesses acting as brokers.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a09c7e80680e04a686jpeg.jpg" alt="" width="350" height="248">‘Money flows upwards through the hierarchy while impunity and benefits flow downward,’ adds the report. It uses flowcharts to show and shame politicians, political parties, public institutions and the private businesses. Read also:<a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">Trickledown corruption</a>, Editorial <a href="https://www.nepalitimes.com/uncategorized/elected-contractors/" target="_blank" rel="noopener">Elected contractors</a><a href="https://www.nepalitimes.com/here-now/nepal-has-to-curb-corruption-before-wooing-investors/" target="_blank" rel="noopener">Nepal has to curb corruption before wooing investors</a>, Ramesh Kumar ‘The private sector has gained primacy as the driver of corruption and impunity in Nepal ... its main roles are to distort the functions and policies of government regulatory agencies and to hijack key revenue streams to facilitate money laundering and rentier practices,’ the report concludes.In cahoots are political ‘patrons’ of the network and parties creating a ‘culture of collusion’, and public institutions, which also ‘collude with private interests and politicians to steal directly from the state’.State institutions have been ‘weaponised’ and ‘hollowed out’.So, who remains to protect the interests of the Nepali people? If you were thinking ‘the judiciary’, think again.The report states starkly: ‘Through pressure and threats, including sackings, impeachments, and forced retirements, political parties control and extract loyalty from justices.’

No shame

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41ab9c7e80680e04a68bjpeg.jpg" alt="" width="1400" height="519"/>The organisational infrastructure of the court system is of critical importance for the success of Nepal’s <a href="https://www.nepalitimes.com/here-now/federalisms-birth-pangs-or-death-rattle/" target="_blank" rel="noopener">new constitutional order</a>. It is in the lower courts that people come face to face with the judicial branch of government, and where the ordinary and routine forms of justice most directly affecting daily life are in practice. Subnational courts therefore should not be forgotten in considering the judiciary’s irreplaceable role in instilling a commitment to the rule of law and encouraging a <a href="https://www.nepalitimes.com/here-now/grassroots-democracy-is-delivering-development/" target="_blank" rel="noopener">new way of doing politics</a>.Nepal’s network of 77 district courts is the gateway for virtually all of the country’s litigation (85,000 cases in 2017-18, over which district courts oversaw final resolution to 60%). Yet both in resource allocation and in public imagination, these courts are the most neglected. It is remarkable that a mere 241 judges discharge the enormous workload.Read also:Part 1: <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/" target="_blank" rel="noopener">Federalism, rule of law and the judiciary</a>, George Varughese and Iain PaynePart 2: <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">Constitutional guardianship in Nepal</a> , George Varughese and Iain PayneWhile the <a href="https://www.nepalitimes.com/here-now/share-rule-and-self-rule/" target="_blank" rel="noopener">2015 Constitution</a> has changed the executive and legislative, the court structure has not undergone significant revision, except to add two district courts — for a total of 77 — and to refashion 16 appellate courts as seven high courts with their 11 benches extended across respective provinces.The subordinate courts now have slightly enlarged purview. For the first time, provincial high courts will be able to hear public interest litigation, hopefully lessening some of the Supreme Court’s caseload burden. District courts now supervise all justice institutions, formal and informal, below the district level.District courts also have increased authority to oversee criminal offences punishable by more than one year imprisonment, many of which were previously adjudicated by quasi-judicial bodies like the district administration office. They have new jurisdiction over some civil matters previously supervised by the district executive.Critical access-to-justice issues have been inherited from the previous governance setup. For example, the geographical inaccessibility of the district courts, which remain the lowest court in judicial hierarchy and sit at the now obsolete district headquarters, are one of the key reasons why only a fraction of disputes tends to be registered with the proper court and judicial authority. The judiciary’s absence in municipal government is glaring and hardly addressed by the presence of so-called judicial committees, which fall under the municipal executive.Moreover, wholesale state restructuring must take into account roles and responsibilities of different justice sector institutions at the local level, and the judicial branch’s reflections on these would be timely in guiding other branches of government. This is especially the case with regard to judicial committees in 753 locations, about which inconsistent visions are projected in <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">the Constitution</a> and the Local Government Operations Act of 2017— the federal framework legislation that presently guides local government operations. This is also the case with the option provided for in the Constitution allowing the creation of local courts if required. The judicial branch’s reluctance to provide guidance on constitutional provisions for accessing justice beyond district courts could result in costly adjustments.These issues need to be addressed to guide the creation of a coherent and coordinated system for accessing justice locally, one that builds community and citizen trust in the entire justice sector and positions the judiciary in its rightful place in government. The lowest rungs of the judicial branch carry the greatest burden in making justice more accessible to more people. Much work, therefore, remains to be done to ensure that the promise of bringing all three branches of government closer to the people is fulfilled.Renewed commitments to judicial independence headlined the recently concluded National Conference of Judges. However, aside from the hot-button topic of judicial appointments that dominated discussion, only a few creative ideas emerged. Perhaps the most federally relevant of those related to empowering provincial courts to settle disputes between provinces and municipalities. Ideas such as this, while nascent, indicate that the judiciary may be willing to look for ways to be more responsive to the needs of the changed governance context.With a recently appointed Chief Justice and remaining vacancies filled, Nepal’s Supreme Court is drafting its fourth strategic plan with more stable leadership and better prepared justices than ever before. This will drive the judiciary’s institutional vision, direction and contribution to democratic government in Nepal over the next five years.Previous strategic plans have focused on court administration, caseload management, infrastructural and modernisation needs, and training programs. These remain necessary but will be insufficient to fulfil the difficult role of rethinking and reworking access to justice in a federal context. Oversight of the judicial functions of the state — wherever those may be located — is a key strategic metric of performance of the judicial branch.More difficult will be the deep institutional introspection and principled actions required to assert independence while exercising guardianship of the rule of law. It is vital that the judicial branch of the government sees itself as a trusted partner of both state and society, with its functionaries embracing their role as ‘justices of the people’ and not just of the court.Only then will a constitutional culture shaped by the rule of law translate into access to justice in federal Nepal.This concludes a <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/" target="_blank" rel="noopener">three-part series</a> by Iain Payne and George Varughese who are associated with <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>.

Devolving the judiciary

<img width="1400" height="1049" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a19c7e80680e04a687jpeg.jpg" alt=""/>All of us witness examples of <a href="http://archive.nepalitimes.com/news.php?id=17581#.XOS_jiAza70" target="_blank" rel="noopener">Nepal’s corruption pandemic</a> every day in every sphere of life: from slipping a few to get a driving license to setting land transactions. Roads that are dug up and not finished for years and bridges that collapse as soon as they are built are our monuments to malfeasance. Clever civil servants now deploy ‘brokers’ outside their offices to ‘facilitate’ state services that should be free, so they do not have to directly get hands dirty. Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/?p=27015&amp;preview=true" target="_blank" rel="noopener">No shame</a>But these are cases of petty theft by small fry. At higher levels of government, corruption is so huge and widespread, so accepted as SOP, that the word ‘corruption’ does not do justice anymore to this <a href="https://www.nepalitimes.com/editorial/crony-communism/" target="_blank" rel="noopener">contagion</a> of loot and plunder.One egregious example of the rot was the ugly scene in the Parliamentary Accounts Committee (PAC) on Tuesday when Nepal Communist Party MP Aman Lal Modi accused <a href="https://www.nepalitimes.com/here-now/how-they-kept-nepal-in-the-dark-ages/" target="_blank" rel="noopener">Kul Man Ghising of the Nepal Electricity Authority (NEA)</a> of corruption. Ghising, many readers will remember, is the man who ended the practice of his corrupt predecessors of providing 24-hour power to industries in return for bribes. Nepalis did not suffer from load-shedding just because of undersupply but because of structural corruption —  <a href="http://archive.nepalitimes.com/article/nation/corruption-in-electricity-industry-of-Nepal,3408" target="_blank" rel="noopener">top NEA executives were selling electricity to industrialists</a>, leaving household consumers in the dark for 10 years.<a href="http://archive.nepalitimes.com/article/interview/interview-with-Kulman-Ghising,3409" target="_blank" rel="noopener">Ghising</a> recently asked those industries to pay a backlog of dues for dedicated feeders, prompting Nepal’s so-called captains of industry to gang up on him. It does not take a Sherlock Holmes to figure out why MP Modi is using PAC to go after Ghising.Then there was the sordid affair of the <a href="https://www.nepalitimes.com/from-the-nepali-press/melamchi-delayed-by-government-extortion/" target="_blank" rel="noopener">Melamchi contract</a>. The much-delayed $500 million project to bring water supply to Kathmandu Valley was nearing completion in December. A Dispute Resolution Board awarded the contractor Rs350 million for delays caused by the earthquake and Blockade in 2015, but a secretary in the Water Supply Ministry refused to sanction payment unless he got Rs50 million in kickbacks. The Italians abandoned the project, Melamchi is in limbo.To understand just how deep-rooted corruption in Nepal is today, a report issued this week by the <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>, Nepal’s Kleptocratic Network: Mapping Corruption and Impunity, is an eye-opener. To be sure, none of what it contains should surprise us. We always knew rent-seeking was the modus operandi of the state, and politicians and bureaucrats were up to their necks in extraction and extortion. Such is the impunity, the big fish never get caught. <img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a49c7e80680e04a688jpeg.jpg" alt="" width="350" height="248">The report tries to show, not tell, just how nefarious, deep-rooted and interlocked rent-seeking is in Nepal. Illustrating graft with graphics, we are given flowcharts to explain why plunder and impunity is so systemic.‘Core state entities responsible for regulation and upholding rule of law have been weaponised or hollowed out by the kleptocratic network to extract resources and guarantee impunity,’ says the report. ‘The impunity network comprises those that declare law, enforce law and apply law.’The report lays bare how Parliament is infiltrated by special interest groups who are in key committees drafting legislation for sectors like education, health and infrastructure. There is no separation of powers anymore -- the powers-that-be control all three branches of government.The executive openly interferes in legislative functions, and tries to influence the courts with ‘bench shopping’. Those who stand in the way or try to expose the rot, like Kul Man Ghising, are themselves accused of corruption. The state is in open collusion with the private sector, which is now well represented in Parliament. The CIAA corruption watchdog is a lapdog of the state. Lack of transparency and impunity is rife in the security forces. The report has gory details of how ‘<a href="https://www.nepalitimes.com/here-now/nepal-has-to-curb-corruption-before-wooing-investors/" target="_blank" rel="noopener">revenue capture’</a> works through collusion between officials in <a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">all three levels of government</a> and contractors.The only remaining check and balance function is carried out by the fourth estate, hence the moves to try to censor its content through legislation. But even the media is used by powerful interest groups to target rivals or tar those who expose them.Everyone seems to be on the take: it is a public-private partnership to loot the country. ‘The private sector has gained primacy as the driver of corruption and impunity in Nepal … by distorting the functions and policies of government regulatory agencies and to hijack key revenue streams to facilitate money laundering and rentier practices.’  The Niti Foundation report makes for thoroughly depressing reading, and what it lacks is a roadmap out of this morass. Our only hope is in a transparent and fair electoral process that will one day punish thieves and reward the honest by electing them to office. <img width="1282" height="919" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a59c7e80680e04a689jpeg.jpg" alt=""><h2>10 years ago this week</h2> The Nepali Times <a href="http://archive.nepalitimes.com/issue/452" target="_blank" rel="noopener">edition #452 of 22-28 May 2009</a> was filled with analysis of the politics post-resignation of Pushpa Kamal Dahal over the Army Chief sacking. The Ass had his own take on the matter, and except for GPK, the cast of characters are the same in this excerpt from the <a href="http://archive.nepalitimes.com/news.php?id=15961#.XOaeC1IzaUk" target="_blank" rel="noopener">Backside Column ten years ago</a>:‘Rate we are going, the new federal constitution of Nepal is looking more and more like a mirage. The closer we get to it, the more it recedes. The prolonged coalition-cobbling is reminiscent of mid-1990s. And it’s the same old faces.BijayG being pulled by both arms to switch sides when Upadro refused to toe the line. The only difference with 15 years ago is that this time the entire exercise is outsourced to Lainchaur. And the sight of both GPK and PKD courting Kamal Thapa for royalist support just shows how quickly fortunes turn in politics.And even the bigger parties are out to feather their nests. One senior NC leader, when asked by the Ass if he would be joining the Makunay-led govt, said: “You think I’m stupid to join a sarkar that will last three months? I will join the one formed after this.” <img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a89c7e80680e04a68ajpeg.jpg" alt="" width="800" height="1270">

A KLEPTO REPUBLIC

<figure><img width="1250" height="1145" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40489c7e80680e04a610jpeg.jpg" alt=""/><figcaption>Pic: Bhanu Bhattarai</figcaption></figure>The 2015 Constitution and arrival of fresh political leaders through nationwide elections in 2017 promised a more equal and inclusive New Nepal. Political power would be devolved from elite-captured Kathmandu,  and development balanced across all regions of the country, with greater appreciation for religious and ethnic diversity and increased participation of the marginalised in governance.There is broad acceptance that this ongoing transformation will have durable effects on the quality of the country’s governance. Yet there remains widespread anxiety that those now in decision-making positions in government will shirk their responsibility and opt for cosmetic adjustments rather than fundamental change.Part 2: <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">Constitutional guardianship in Nepal</a>, George Varughese and Iain PayneThe Constitution promises to bring government closer to citizens through a new federal structure wherein federal, provincial and local governments are coequal.  With 753 local governments, seven new provinces, and local and provincial assemblies with more than 35,000 elected representatives, the executive and legislative levels of government are now functional and more visible to citizens.However, minimal attention has been given to the judiciary’s key role in impelling constitutional values in government — starting with the rule of law and access to justice — and contributing to the success of the ongoing transformation.This is neither mysterious nor casual: neglect of the judiciary is quite usual in Nepal. The undermining and sidelining of the judiciary over many years is part of a sordid story of collusion by political parties across the spectrum to weaken, co-opt and subordinate state institutions that deter impunity and constrain opportunism.A quick measure of this neglect is the steady decline in the already-meagre annual allocation of state resources for the judiciary, today at its lowest levels of funding in years — a mere 0.34% of the government’s budget, down from 0.57% in 2015-16. Continued failure to invest in this co-equal branch of government — the one meant to constrain unlawful action — undermines the transformational project of the 2015 Constitution.Three years after the adoption of a new Constitution it is also necessary for the judicial branch to consider its role in ensuring that rule of law and access to justice is better under federalism.While much hope has been placed in the 2015 Constitution, it cannot in and of itself transform the country’s constitutional and political culture, which has been shaped over decades of perverse governance praxis that accepts collusion and impunity, crises and destabilisation, and backroom deals and horse-trading as normal.New norms of politics must be embraced. The rule of law, and buttressing it the judicial branch of government, is at the heart of this reshaping of politics.The rule of law is concerned with the principled exercise and accountability of governmental power. It requires adherence to the laws of the land, beginning with the Constitution, by all.Elected representatives and appointed officials alike must abide by the same rules as everyone else, there is no special pass for those in power. Sadly, the main threat to federalism in Nepal is the absence of the rule of law, exemplified by ongoing abuse of the Constitution by those charged with protecting it.It has been persuasively argued elsewhere that the rule of law demands public justification for the exercise of public power. This process must be championed by the judicial branch as the expression of its own authority, one to which public actors and citizens must learn to conform. In the setting of the courthouse, the branches of government must justify the legitimate exercise of power and be able to defend their actions. The judicial process thus contributes to a constitutional culture in which the arbitrary exercise of power is discouraged.It is in this sense that the rule of law may be talked about as a value. It is a critical, missing feature of Nepal’s constitutional culture, one which the judicial branch of government must salvage, nurture and return to public service.This is the first of a three-part series by George Varughese and Iain Payne who are associated with Niti Foundation.

Federalism, rule of law and the judiciary

One smoggy winter morning in February 2019, Ekta regretted coming to her sculpture class. It was the first day of her period, and the 19-year-old wished she was home, curled up in bed with a hot water bag to soothe her cramps.
Her class was at Kalapremi Ceramic Studio, a dark room on the ground floor of a house in Maharajganj, and Ekta’s teacher was the artist Gopal Das Shrestha ‘Kalapremi’, a noted sculptor.
Two other students were already there, using all their muscle strength to knead the sculpting clay. Ekta, now 24, recalls how Kalapremi asked her if she was feeling all right. She avoided him, as she did not want everyone to know she was menstruating.
Kalapremi repeatedly asked Ekta what was wrong. She finally muttered that she was having her period, after which he grabbed her hand and led her to a partitioned corner of the studio and sat her on a chair. Before she could stop him, he slid his hand under her dress, and started massaging her abdomen.
“I was horrified,” Ekta recalls. “I told him to stop, but he didn’t listen, asking me not to be shy, saying he knew how to relieve my pain. He stopped only after I protested furiously.”&nbsp;
The art tutor then said, “You’re like my daughter. I’m doing it out of love to make you feel better, but you’re so stubborn.”&nbsp;
“Instead of saying sorry he acted like I was the one having crazy thoughts,” remembers Ekta, adding that from April 2016 to August 2020 beginning the time she was 16, the artist sexually abused and harassed her on several occasions. &nbsp;
Now, Ekta and the artist’s other former students are finally sharing their experiences and some are pressing legal charges against him, hoping that others do not have to endure what they did.&nbsp;
Award-winning artist and teacher Gopal Das Shrestha ‘Kalapremi’ (the name means ‘Art Lover’) is known for his ceramic art, sculpture, and contemporary pottery. He was <a href="https://nepalitimes.com/review/the-house-of-kalapremi">profiled in Nepali Times after a collaborative exhibition</a>, ‘Where the Wild Things Are’ at the Siddhartha Art Gallery three years ago.&nbsp;
His pieces, titled Gaalis, featured sculpted female figures with the heads of dogs, sheep, and donkeys (pictured) to depict derogatory terms for women. Some critics said the collection was a satire on feminists.
Kalapremi started his artistic and teaching career in 1983 and over the years taught at Bhanubhakta School, Kathmandu University School of Arts, Lalitkala Campus and at his private Kalapremi Ceramic Studio. He has also lectured at Jeonju University in South Korea and recently at Tabor Academy in the United States.
Seven of Kalapremi’s former students were interviewed for this story. Five female students said he touched them inappropriately in his studio or at Kathmandu University. Two male students said they witnessed him abuse and harass the women. In all cases, the students struggled to recognise the abuse when it occurred, and the lack of reporting systems left them to cope on their own for years.&nbsp;
Earlier this year, students shared a social media post hinting at Kalapremi’s history of abusive behaviour following which more students of the artist reached out sharing similar experiences. Some students spoke of abuse that happened as long as 20 years ago.
Kalapremi, 60, has denied the allegations. He told Nepali Times: “Some years ago, there was a movement encouraging people to hug and kiss. I used to do it purely out of friendship and love. But after seeing posts on social media last year calling out my behaviour, I realised my actions may have hurt some people. I understand now that I should have been more mindful.”
He added: “I am also an auxiliary health worker, so I know the exact points to massage to relieve menstrual pain. It’s not just menstruation, I take anyone who is ill to the hospital.”
Sexual abuse is much more rampant than reported given how difficult it is to prove it in court. The law defines sexual abuse as occuring when someone touches another’s private parts, coerces them into touching theirs, uses vulgar language, shows degrading images, or behaves indecently towards them without consent.&nbsp;
Ekta and her fellow students are consulting lawyer Suneeta Regmi Pokhrel, who says they know that even if the court decides in their favour, it is difficult to survive after speaking up, and influential men defend themselves saying they are being framed.&nbsp;
“They are in a lot of pain and weep when recalling how he abused them,” Regmi Pokhrel told us. “They are angry and have filed a case against him, but they are also terrified. They know he is a powerful man and they have seen how our society treats women who speak up against abusers. Unless people speak up, perpetrators will be emboldened.”
Art and academia in Nepal simply reflect the power imbalances in society where people with intersecting identities experience worse forms of abuse. Theatre actors Raj Kumar Pudasaini, Rajan Khatiwada, and Sunil Pokhrel were called out during the #MeToo movement in the Nepali theatre scene in 2019. Even after the allegations Pokhrel went on to receive national awards, while others continued to work without repercussions.
“If you speak up against abusers, you gradually get sidelined from projects,” explained a theatre artist who wished anonymity fearing professional setbacks. “The theatre scene in Nepal is quite small, you just have to make peace with the perpetrators and work with them if you want to sustain yourself.”&nbsp;
In academia there is a history of faculty members sexually harassing students and getting away with it. After Tribhuvan University (TU) lecturer Krishna Bhattachan was accused of harassing women students, the university said it would follow Nepal’s sexual harassment law and set up a reporting mechanism. But nothing happened to the professor, who had already retired. Instead, he counter-accused the students of 'attacking the indigenous people’s movement with baseless allegations' as <a href="https://kathmandupost.com/letters/2019/01/29/bhattachan-responds">he told the Kathmandu Post in 2019</a>. He continues to be featured as a prominent speaker including at TU.
Other faculty members previously accused of sexual harassment include Jagadish Murti Koirala from TU, Bishnu Prasad Acharya from Ratna Rajya Campus, and Bodha Raj Tripathee from Lalitpur Madhyamik Vidhyalaya. A woman staff member from TU also filed a sexual abuse complaint against Dambar Chemjong from TU.
Prominent figures like <a href="https://nepalitimes.com/news/the-rise-and-fall-of-nims-purja">mountaineer Nims Purja</a> have been <a href="https://www.nytimes.com/2024/05/31/sports/mountaineering-sexual-harassment-abuse-nims-purja.html">accused of sexual assault</a>, and cricketer Sandeep Lamichhane, actor <a href="https://nepalitimes.com/news/celebrity-rape-case-spotlights-nepal-laws">Paul Shah</a>, and former speaker of Parliament <a href="https://nepalitimes.com/news/mahara-arrested">Krishna Bahadur Mahara</a> have been accused of rape, but society-at-large has let off the alleged perpetrators amdist a larger debate about justice for survivors and punishment of perpetrators.&nbsp;
‘Gaushala-26’ is the court name given to the 18-year-old who accused Sandeep Lamichhane, former captain of Nepal’s national cricket team and skipper of Biratnagar Kings in the <a href="https://nepalitimes.com/here-now/here-comes-the-nepal-premier-league">ongoing Nepal Premier League</a>, of rape. She left the country citing society questioning her character affecting her mental health while Lamichhane got an outpouring of support. In May, the Patan High Court overturned a prior verdict that found Lamichhane guilty of rape and had sentenced him to eight years in prison. During the 23-month legal battle to pursue justice, Gaushala-26 faced threats of gang rape and acid attacks.&nbsp;
Exhausted by the struggle, Gaushala-26 sought to “move to a new world” where she could live free without hiding her identity.
Actress Samragyee Rajya Laxmi Shah in an Instagram video now deleted detailed the harassment she faced from a filmmaker during a movie shoot. She did not name any name but veteran actor Bhuwan KC filed a defamation case against Rana, but the court ruled that the charge lacked sufficient evidence.&nbsp;
Former Kathmandu mayor <a href="https://nepalitimes.com/opinion/theytoo">Keshav Sthapit also mocked the #MeToo movement</a>, calling accusations against him by journalists Rashmila Prajapati and Ujjwala Maharjan “a rape of men’s rights”.
Serial Abuse
Back at the Kalapremi Ceramics studio, another former student, 24-year-old Rajiv, says he felt the need to speak out after seeing his female classmates being abused.&nbsp;
“He frequently kissed them on their cheeks,” he told Nepali Times. “Whenever they walked into the studio he flailed his arms like a child asking for a hug. They awkwardly hugged him from the side, but he pulled them closer, held their chin, and kissed their cheeks.”&nbsp;
Rajiv says he also saw Kalapremi pull the women’s bra straps, touch their breasts, and slap their buttocks. The young students would freeze, not knowing how to react, and if they protested, he would say it was “normal in art”. Rajiv, 19 at the time like his classmates, remembers thinking perhaps the well-respected artist was right after all.
Another student, Luna, who took lessons at Kalapremi’s studio from 2020 to 2022 did try to confront the tutor after he made an obscene proposal to her. She recalls: “One day when the other students had left the studio and it was just the two of us, he told me that God had given him special artistic talent and he could transfer those powers to me. But to do that both of us will have to be naked, inside a dark room, and have sex.”
Luna, who was 18 then, was livid and told him she did not want any of his powers, but she says he laughed at her as if he was joking. She did not tell her family about the incident because she thought no one would believe her.&nbsp;
“They were all in awe of this famous artist and felt I should be grateful that to be learning sculpting from him,” she says. “I was scared to be alone with him in case he talked about sex again. My coping mechanism was to be rude so he wouldn’t try to come close to me.”
Seeing how some classmates were standing up to Kalapremi, Ekta too tried to push back against his advances, but she said he found ways to coerce her. Since Ekta, Rajiv, and Luna could not afford Kalapremi’s Rs30,000 monthly fee for lessons, he had offered them all a stipend to assist him in the studio.
“He had spondylosis and took me to his therapy sessions to learn massage techniques, then he often made me and other students massage him,” says Ekta. Whenever she refused, he would feign pain to make her feel sorry for him. “He would insist that I put my hands under his shirt so that I could massage him better,” she adds.
The art tutor often tried to “seduce sympathy” from Ekta by sharing how he had never been loved as a child and was “sexually frustrated” as an adult.&nbsp;
“At 7PM, he would pour himself Signature whiskey and immediately go off again about how he was sex-starved. I didn’t know how to respond. It took me time to realise alcohol was just an excuse to talk about sex,” Ekta says.
If convicted, Kalapremi could face financial penalty and/or a prison sentence of up to three years according to Section 224 of National Penal (Code) Act 2017.&nbsp;
Data suggests that victims of child sexual abuse on average take nearly 24 years to tell someone about their trauma, and some may never disclose it at all.&nbsp;
“In our culture, children are rarely taught about boundaries. They often react, show anger when adults pinch their cheeks. But adults insist they did it out of love, and force the children to accept it,” says Sita Lama, a psychotherapist at Manka Kura. “And even when someone touches them inappropriately they struggle to identify and verbalise it.”
When perpetrators claim to be “acting out of love”, Lama says survivors are likely to perceive it as something safe, rather than recognising it as abuse.&nbsp;
“It may take years for them to realise they were abused,” she explains. "And even when they become aware, the power imbalance with the abuser and the associated shame often prevents survivors from speaking up."
Other former students from the School of Art at Kathmandu University have also come forward years later, saying Kalapremi sexually abused them. As young adults, they felt his behaviour was off but were uncertain if it was inappropriate, illegal, or they did not know how to respond. After having understood that it was indeed abuse, they say they are speaking out now to protect others.&nbsp;
Amina Singh, a visiting faculty member at Kathmandu University, says there is no clause against sexual abuse in contracts of teachers, and there is no formal grievance handling mechanism for the students.&nbsp;
“So the only way students can to deal with sexual abuse is approach someone they trust,” she says.
Eight other former art students of Lalit Kala Campus and Srijana College of Fine Arts of Tribhuvan University and other private art studios in Kathmandu say they were also sexually abused by their art teachers. Three faculty members interviewed from these institutions said they saw the abuse, but felt it was futile to report it given how powerful the teachers were.
In the absence of a formal system, some longtime women artists warned each other about “problematic” artists. They shared &nbsp;a “heads-up” to be more cautious when collaborating with them, and avoided responding to their calls and texts after work hours.
To ensure art institutions are safe for all, galleries, museums, artist studios, and smaller art spaces need to develop policies on sexual harassment. This would include a code of conduct or studio policies that hold the leadership accountable and outline the principles of professional ethics.&nbsp;
Students and employees should inquire about accountability mechanisms for raising concerns, both formally and informally, advocates say.
Three years after Ekta left the ceramics studio, she learnt that Kalapremi had harassed many other women. Still trying to get a footing in the art industry, she attended a workshop in Kathmandu where women artists discussed ways to stay safe in the art sector.&nbsp;
Since it was a close-knit group Ekta opened up about how she felt violated and realised she was not alone, he had been abusing underprivileged students for years, and this was common knowledge among artists in Nepal.
Ekta says that even after she quit, Kalapremi continued sending her text messages like ‘I am thinking of you’, ‘Why have you stopped speaking with me’, or ‘I am waiting for your call’.&nbsp;
But what really forced her to act was when Ekta found out that he was sending similar texts to her younger sister.&nbsp;
“I’ve had enough,” she told us. “He abused me all these years but I won’t let him abuse my sister.” &nbsp;
Ekta, Rajiv and Luna are not the real names of the students.&nbsp;

‘Art Lover’ accused of sexual abuse

It was 8:15 in the evening of 25 March 1968 when everyone in the village of Batulechaur near Pokhara heard a deafening sound like thunder as a bright flashing object hurtled down to land in a field.&nbsp; That field belonged to Kul Timilsina, and the next morning he retrieved a sheet of metal about 2m by 1m and carried it home with the help of a few others, thinking it would be useful for his buffalo shed.&nbsp; Before he died at age 83 three years ago, Timilsina had told photo archivist Sunil Ulak that the black metal sheet was not rectangular and had rounded corners. There are a few witnesses still alive who have a clear recollection of the object that fell from the sky that night.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014.jpg" data-media-id="editor_0" data-image-id="2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014" data-rendition-name="original" width="1170" height="601" loading="lazy" alt="UFO over Pokhara"> <figcaption>The field in Batulechaur belonging to Kul Timilsina where fragments of a flying object fell from the sky in 1968.</figcaption> </figure>  One of them is Timilsina’s wife Gyanu, who was 22 at the time. She had been at home, and remembers hearing the big bang and the sky becoming very bright. “We saw the thing in the field in the morning,” she told us. “It looked like a lid, a covering of some sort. The way it was stuck in the ground, it must have fallen from the sky. We thought we could use it to dry clothes on, and took it home.”&nbsp; Another witness is Kul Narayan Paudel. “I was only eight then. We ran to the field to see what had fallen. It was a four-sided metal sheet. The elders took it away, and I don't know what happened to it.” &nbsp; Ram Bahadur Baniya, a teacher at the local school, says he had heard the sheet had been brought to the school, and later handed over to the Zonal Commissioner at the time, Nanda Prasad Malla. “But that is all hearsay,” he says.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54.jpg" data-media-id="editor_1" data-image-id="2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54" data-rendition-name="original" width="1170" height="610" loading="lazy" alt="UFO over Pokhara"> <figcaption>Gyanu Timilsina, wife of Kul Timilsina.</figcaption> </figure>  There are two versions of what happened to Kul Timilsina’s metal sheet. One is that an American Peace Corp Volunteer teaching at the nearby Bindyabasini School took it, and another is that it was handed over to the government. Recently declassified Central Intelligence Agency (CIA) and US State Department documents from the time say that the US Embassy in Kathmandu tracked down the object two years later and had it shipped back to the US. A telegram from the Department of State and Department of Defense tagged as ‘MOON DUST / Space Fragments’ dated 1 March 1972 stated: ‘1. Restored space fragment will be on board Embassy support flight 115 arriving Kathmandu on or about March 10. Fragment is packed in shipping crate (cargo no. 72-33365) marked in care of DAO.&nbsp; 2. State and Defense representatives examined fragments prior to shipment finding restoration acceptable.’  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df.png" data-media-id="editor_2" data-image-id="20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df" data-rendition-name="original" width="856" height="568" loading="lazy" alt="UFO over Pokhara"> <figcaption>Declassified CIA documents about the investigation into the object sighted in Pokhara. </figcaption> </figure>  The documents show that the US government, military and intelligence agencies investigated this incident thoroughly when it occurred, and have continued to revisit it ever since, as recently as five years ago. What is even more intriguing is that the object that fell in Pokhara was not the only unidentified space object that fell to earth that year. There were similar sightings of objects falling from the sky in Ladakh, Sikkim and Bhutan between 19 February and 25 March 1968.&nbsp; These mysteries were the subject of a CIA investigation in 1968 titled ‘<a href="https://www.cia.gov/readingroom/docs/CIA-RDP81R00560R000100070007-8.pdf">Sighting of Unidentified Flying Objects in Ladakh, Nepal, Sikkim and Bhutan</a>’, and the report is part of the recent online declassification of 800,000 top-secret documents from the period.&nbsp; &nbsp;Although unidentified flying objects (UFOs) have a connotation now of being alien craft, it could be pieces of satellite, missile, rocket or even aircraft. The CIA report documents six sightings in 1968 and quotes local sources as describing all of them having similar characteristics: bright blue or red streaks in the sky accompanied by loud sounds like lightning and thunder and objects falling to the ground. Aside from the metallic object that was found in Batlechaur, there were other items also found nearby in Tallakot, Tureypasal, Armalakot and Maidan. Whatever the object was, it seems to have disintegrated even before it hit the ground.&nbsp; The CIA report records the first sighting on 19 February 1968 in various parts of Sikkim and Olangchung Gola and Ghunsa in eastern Nepal. The light was said to be ‘long and thin’ and giving out ‘green and red light’. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb.png" data-media-id="editor_4" data-image-id="20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb" data-rendition-name="original" width="892" height="596" loading="lazy" alt="UFO over Pokhara "> </figure>  Two days later on 21 February, a soundless blue object was seen traveling fast across the sky above Thimphu in Bhutan. Then on 4 March there were multiple daytime sightings or white streaks in the sky at Chang La Pass, Fukche and Koyul in Ladakh. There were more sightings in Ladakh on the very day fragments fell near Pokhara on 25 March 1968.&nbsp; After the sightings in Pokhara, rumours started flying in Kathmandu that these were aliens trying to land on Earth, it could be Russian or Chinese spy planes or satellites, and some even say it as a sign from heaven that the end of the world was near. This was at the height of the Cold War. The Russians and Americans were testing their thermonuclear devices as well as intercontinental ballistic missile delivery systems. The Washington-Beijing rapprochement had not yet happened, and China was making quick progress testing atomic bombs. Within two years after its first atomic test, in 1966 China exploded its first hydrogen bomb at the Lop Nur site in Xinjiang, 3,000km to the north from Nepal. After neary six decades, what is still intriguing is that all the sightings within a few months of each other in 1968 were along the Himalayan arc bordering Tibet: from Bhutan, Sikkim Nepal, to Ladakh. The US military intelligence seems to have concluded that this was not a coincidence and there were frequent research trips to the site in Pokhara by American officials in the months after the incident. With the help of the Royal Nepal Army, the region north of Pokhara was thoroughly searched.&nbsp; A confidential memo dated 25 June 1968 by Jerry C Trippy to a ‘Mr Farley’ mentions that the US Air Force’s Foreign Technology Division had decided that the debris could be important because it may be related to a Chinese missile test or a Soviet ‘Vehicle Venik’ rocket.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe.jpg" data-media-id="editor_5" data-image-id="20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="UFO over Pokhara"> </figure>  On 28 August 1968 the US Embassy in Kathmandu sent a letter to Washington DC saying that the object could be of Soviet origin, possibly from when the rocket carrying the ‘Kosmos 208’ satellite re-entered the atmosphere. But why were the fragments falling to earth several weeks apart, and in the same region? No one knows where the metal sheet that Kul Timilsina recovered is now. It was definitely packed in a crate and taken to the US, and although it is rumoured that it was returned that is not very likely. Archivist Sunil Ulak heard from the Timilsina family that CIA officials had returned to the site five years ago. &nbsp; Interest in UFOs peaked in the US in the 1950s, with the Cold War space race and tests of atomic weapons and delivery rockets. CIA and scientists were being sent to investigate sightings, both publicly and privately. Could the Pokhara fragments as well as the sightings in Ladakh and Bhutan actually be alien craft falling to earth? The renewal in interest in space travel in large part due to Elon Musk’s SpaceX, UFOs and sightings are again subjects of public interest.&nbsp; Even 57 years later, even if there was definitive proof about whether the Batlechaur fragment was from a Chinese missile or a soviet rocket, it has not been made public in documents declassified so far. We may never know.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598.jpg" data-media-id="editor_6" data-image-id="20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598" data-rendition-name="original" width="642" height="320" loading="lazy" alt="UFO over Pokhara"> </figure>  Sunil Ulak speculates if the debris actually came from an American aircraft, perhaps on an intel mission upon China. “Which could explain why they were so thorough in collecting the fragments in Pokhara,” he says. But that still does not explain the multiple sightings weeks apart in 1968.&nbsp; Indeed, US military aircraft were at that time flying frequent night-time missions from air force bases in India to supply weapons to Khampa guerrilla camps in Nepal located north of Pokhara in Mustang. It could very well be that the Chinese shot down one such aircraft. The other sightings could have been contrails of US spy planes, or Chinese anti-aircraft missiles.&nbsp; There were quite a few developments regarding UFOs in 2024. In a US congressional hearing in July, former intelligence officer David Grusch claimed that the government had long been involved in a program to investigate and retrieve non-human craft crashes, and then try to reverse engineer them. However Grusch did not show any evidence.&nbsp; The UAP Disclosure Act of 2024 was signed into law by Joe Biden in December 2023. It plans to oversee the public disclosure of UFO information. However, there is a clause in it that prevents disclosure if it would cause threats to military defense, intelligence operations or foreign relations.&nbsp; It is unlikely that the declassified documents about sightings in the Himalayan will cause any real surprise about definite evidence of alien life even if it was found. It seems humanity will continue, at least for now, to wonder about curious lights in the sky and whether there is anybody out there.&nbsp;

UFO over Pokhara

When Rastriya Swatantra Party (RSP) president Rabi Lamichhane was arrested in October on charges of defrauding depositors of cooperatives, the party’s vice president Swarnim Wagle gifted him Fareed Zakaria’s book, Age of Revolutions.
Since then, Lamichhane has been shunted around from Kathmandu to Pokhara to Chitwan and back to Pokhara to attend police investigations and court proceedings. He was being flown to Birganj via Kathmandu on Buddha Air on Monday. There is another pending case in Janakpur.
Human rights groups and civil society have criticised the government for hounding Lamichhane with inhumane treatment that borders on physical torture. The two parties in the coalition, Nepali Congress (NC) and the UML, see Lamichhane’s RSP as a potentially formidable challenge to their power.
Even if the fraud charges against Lamichhane are true, the Nepali public is increasingly looking at the government’s actions through the police and courts as political vendetta.
Despite all the travelling, sometimes by plane and often by road at night, Lamichhane appears to be in high spirits, waving to supporters who often gather if they know he is going to be driven around. A social media video shows him giving high fives to fellow passengers on a recent flight to Pokhara.&nbsp;
In the past weeks, streets in Pokhara have erupted with parallel protests by Lamichhane’s supporters as well as depositors of cooperatives who lost their savings to the scam.&nbsp;
Although family visits are allowed, prison officials in Pokhara told Nepali Times that not many people visit Lamichhane these days. He added, “When he does get visitors, he asks them to bring him books.”
Lamichhane is currently Nepal’s most high-profile public figure in custody, and highlights the stark difference between how influential prisoners are treated compared to ordinary inmates.
There are six prison cells at Kaski District Police Office’s two-story detention centre, three on each floor. And while authorities pack prisoners into already overcrowded cells, Lamichhane has an entire room on the second floor to himself.&nbsp;
He has also been allowed to call his family every few days. Other prisoners are not permitted phone calls except for emergencies.
Meanwhile, Lamichhane’s former business partner Chhabilal Joshi, an ex-Deputy Inspector General of Police with whom he established his Gorkha Media Network, is in custody under the same charges in the prison cell next to him.
Lamichhane is accused of siphoning off depositors' money to the tv network in which he was part-owner and anchor. &nbsp;
Both Lamichhane and Joshi are able to buy food from the police canteen instead of being served the regular meal like other prisoners. Joshi has also given his statement to authorities in Rupandehi and Kathmandu for his alleged role in the scam. Lamichhane is yet to be presented in Kathmandu for questioning.
While he was in custody at the Kathmandu District Police Complex, Joshi expressed his desire to sleep in a police officer’s office, reportedly assuring authorities that he would not run away and he was entitled to certain facilities as a former officer of the law.
“He seemed to be under the impression that he is still a police officer,” says a source at the Kathmandu District Police. “We made it clear to him that as someone accused of a crime, he was not entitled to special treatment.”
Former ministers Balkrishna Khand and Top Bahadur Rayamajhi, and ex-home secretary Tek Narayan Pandey, who were arrested in connection with the fake refugee scam last year, were similarly housed in the offices of law enforcement officials instead of prison cells. Khand has since been released after six months in jail.
While there is no legal provision to keep high-ranking officials in separate detention centres when they are arrested, authorities granting them special facilities is not uncommon. Law enforcement officials say VIP detainees expect preferential treatment while in police custody.
Among those is former Kosi Province minister Lila Ballav Adhikari, who was arrested from Biratnagar on 10 November over his alleged involvement in human trafficking and brought to Kathmandu. Adhikari had flown to Japan without government approval with three individuals on 29 October to attend a cultural conference, but had been sent back to Nepal from Narita.&nbsp;
His three companions were arrested at Kathmandu airport upon their arrival, but Adhikari was able to exit unscathed from the VIP lounge. Adhikari had resigned as the Kosi Province Minister for Internal Affairs and Law when it became public that his companions had been taken into custody, and was himself arrested shortly after. He has since been cleared by the courts.
Throughout his detention, Adhikari was kept separately from other inmates. Senior Superintendent of Police (SSP) Basant Rajouri, head of the Bhadrakali complex, says that while there is no separate detention area for VIPs, some detainees are kept separately depending on the nature of their crime.
However, sources say that arrangements were made for retired judges and others to visit Adhikari frequently worked at the office of a Deputy Superintendent of Police (DSP) during his time in custody.&nbsp;
“He used to constantly pester the authorities to let him sit outside in the sun, and to be able to use the police officer’s shower area,” added an officer.
Adhikari was released on 25 November after the government prosecutor’s office decided not to charge him in a move that was seen to expose the government’s double standards.
Over at Kathmandu’s Dilli Bazar Prison, former Kist Bank CEO Kamal Gyawali emerges from his prison cell into the courtyard of the prison’s ‘Ka (क)’ block every morning with a thick book in his hands, ready to give his daily sermon.
With his long beard, Gyawali, who is serving a prison sentence for banking fraud, looks the part of a religious guru as he implores his rapt listeners to “walk the right path, abandon bad thoughts and turn to scripture and spirituality”.&nbsp;
Afterward, the attendees gather to discuss politics and current affairs. Inmates at his daily sermons at the prison include other high-profile detainees, including former MP Ichchha Raj Tamang, who is in jail for money laundering and cooperatives fraud, former joint secretary Chudamani Sharma, who was convicted of corruption, as well as NC leader Chandra Bahadur Lama and Krishna Bahadur Upreti of the UML both of whom are on trial for embezzling billions of rupees.
Victims of the cooperatives scam that former lawmaker Tamang was involved in have made trips to the prison and requested visits, but he has refused to meet with any of them.
“Tamang often complains that the state has prevented him from returning the money to the victims by locking him up,” says a police officer at the Dili Bazar jail.
“All you hear every day from the VIP prisoners is that they have been framed,” adds the officer. “No one admits that they were involved in misdeeds.”
But while most high-profile prisoners complain about prison conditions, one exception is former provincial lawmaker Deepak Manange, who is serving a sentence at Dilli Bazar Jail for attempted murder.
“He is the happiest prisoner here,” says a warden. “Unlike the others, he doesn’t claim to have been framed, in fact he doesn’t seem to care that he is in prison.”
Manange is detained in the ‘Kha (ख)’ block of the prison complex, which he renovated at his own expense. The block previously housed female prisoners, but Manange used his influence to transfer them elsewhere. He faces no shortage of visitors, who range from political leaders to people from the underworld.
Along with Manange, other well-known prisoners in this block include Nepal Telecom Managing Director Sunil Poudel, and former executive director of the Surakshan Printing Centre Bikal Poudel, who are serving time for corruption.
Former prisoners at Dilli Bazar prison include ex-ministers Khum Bahadur Khadka and Shyam Sundar Gupta, NC leader Ganesh Lama, Maoist MP Balkrishna Dhungel, Nagarik Unmukti Party leader Resham Chaudhary, as well as former IGs Ramesh Chand Thakuri, Om Bikram Rana, and Hem Bahadur Gurung.
Section 54 of Nepal’s Prison Act assigns each prison’s internal administration the
responsibility of governing its prisoners, which means the more favourable the jail management is, the more comfortable it is for prisoners.
Dilli Bazar prison has been the prison of choice for many high-ranking prisoners, especially those convicted of white collar crimes, due to its more accommodating administrators. The prison, which has the capacity to house 700 inmates, is also less crowded than other jails.
Anuj Bhattarai, spokesperson of the Department of Prison Management, says that there is no legal classification in Nepal for felons to be assigned prisons based on the nature of their crimes.
“That Dilli Bazar Jail has a higher number of prisoners convicted of crimes like corruption is most likely a coincidence,” says Bhattarai. “There is no provision for influential people to be able to choose where they will be incarcerated.”&nbsp;
Translated by Shristi Karki from the Nepali original published in himalkhabar.com

What Nepal’s VIP prisoners do in jail

If you were raised in Nepal, you must have picked up its unique set of vocabulary: आन्दोलन, चक्का जाम, बन्द, राँके जुलुस, आफ्नो मान्छे, हाम्रो दल, कर्फु and many more words connoting political protest.
We became familiar with the acrid smell of burning tyres, and eyes smarting from tear gas. And yet, everyone speaks of another revolution in the making. Not by desire, but by suffocation.
We heard speeches about नयाँ नेपाल, but the New Nepal never arrived. The governance system changed, but it did not reflect on people’s lives — except for those close to centres of power. The state is still unreachable and is not bothered about <a href="https://nepalitimes.com/here-now/matter-of-life-and-debt">victims of loan sharks</a>, cooperative scams and other injustices.
Politicians continue to speak in sound bites, but fail to deliver. They have mastered the game of pointing fingers towards an external enemy and convincing people that they are never at fault. The political narrative is so disconnected from the actual analysis of the problem that suffocation doesn’t go away after every revolution.
No genuine effort has been made to deliver at all, which is why there is a palpable sense of disillusionment in the air forcing us to seek another revolution, even if Nepal may not be able to afford it.
How has the current system successfully held power, even if the public is deeply frustrated? How is it that for three decades we continue to be led by the same faces, who have time and again, proved to us that they may be great politicians but not national leaders?
<a href="https://nepalitimes.com/opinion/improving-internet-governance-in-nepal">My experience at the epicentre of politics</a> has led me to identify three cultures that have enabled political parties to keep a tight hold on power: acceptance, silence and dependency.
We accept things the way they are. We use fatalistic phrases like “नेपालमा यस्तै हो” or “नेपालको कानुन दैब जानुन”. While this resilience enables us to rise back up from devastating calamities, it is also a reason for our compliance with the status quo.
Despite so many ‘revolutions’ that have led to significant reforms, these phrases keep getting reinforced, to the point that the upcoming generations have made it their lingo.&nbsp;
This acceptance is not a symbol of law-abiding citizens, but citizens living in fear of those in power, unable to ask the whys and why-nots.
Innovation suffocates in this culture of acceptance of the status quo. This is manifested in remarks like “but we don’t have any laws for this,” or “we don’t have the capacity to implement this”. An innovator or entrepreneur therefore has to spend that energy to become a political lobbyist, often educating and convincing the bureaucracy.&nbsp;
Remember when locally assembled <a href="https://nepalitimes.com/banner/designed-and-made-in-nepal">Yatri motorbikes</a>, despite having willing customers, had to suffer to secure license numbers because of a lack of regulations? Instead of creating new laws, the government kept chanting the “We will promote Nepal-made goods” mantra, leaving entrepreneurs in a labyrinth of bureaucracy. The weight of acceptance of the law lies heavily on innovators. Fatalism is a tactic used by those in power to generate mass fear in society.
When we accept, we become silent. This is a pervasive phenomenon. We are trained to keep quiet, lest we ruffle feathers, burn bridges, or not get the help we need in future. We know, yet we don’t speak.
Read also: <a href="https://nepalitimes.com/here-now/bureaucratic-hurdles-in-researching-nepals-bureaucracy">Bureaucratic hurdles in researching Nepal's bureaucracy</a>, Daniel W Edwards
Here is one example: the 2021 census shows that the number of baby boys born for every 100 baby girls is 112. This is a clear indication of female foeticide because of boy preference in society.
Despite such horrifying realities, there is finger-pointing within the government between the Ministry of Health and Population with the Ministry of Home Affairs. At the citizen level, we know those who are involved in killing girls. Yet, we don’t speak up. The Nepal Medical Council reports state that despite this gender imbalance at birth, there is no indication of any action.
But why would anyone speak against one's own fraternity, no matter how vile the act is?
When we accept and keep quiet, we become dependent on those who yield power. From getting our government procedure completed on time to getting transfers, to accessing any of our legally protected rights as well, we are forced to depend on our networks of चिनेको मान्छे people we know by blood, village, relations, political affiliation.
The culture of dependency has been the established way in Nepal. If you drive a two-wheeler or four-wheeler, and you get into a small accident, you will be asked to sort it yourself, dialing up the most powerful person you know. It becomes a competition of who knows who.
Recently I was told that there were calls from the Ministry of Health and Population and another from the Prime Minister's Office for just one medical position in a private hospital. Each was pushing its own candidate. Guess which candidate got the position.&nbsp;
The dependency of people is not on the laws or the state, it is with people in power, a reliance on the network of somebody who knows somebody, including those not officially in power.
These cultures are deeply ingrained in our heads, and in society. Collectively they form a vicious circle that helps those in power to retain power. This is not the society we want to live in.
Then, what do we do as a collective to break away from this? How do we break away from the cultures of acceptance and silence that have created this dependency? What can we do to ensure that our children do not have to learn the jargon of आन्दोलन before they learn about the state?
These are the cultures political parties need to shed rather than use them to perpetuate their power. This is what <a href="https://nepalitimes.com/opinion/comment/an-alternative-to-alternative-politics-in-nepal">alternative politics</a> needs to be about.
Sumana Shrestha is a member of Parliament’s Education, Health and Information Technology parliamentary committee and represents the Rastriya Swatantara Party.

judiciary