<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109191120/636befa54b0ad905ca02efbfjpeg.jpg" alt="" width="1760" height="1054"/><figcaption>Representatives of the civil society staging demonstration at Maitighar Mandala, Kathmandu. Photo: NEPALI TIMES/ARCHIVE</figcaption></figure>Amidst growing concerns over a shrinking civic space, Nepal’s civil society, especially rights-based organisations continue to play an integral role by complementing, consulting, or challenging the government vis-à-vis international law.Sustained efforts by non-government organizations (NGOs) over a decade, led to the ratification of the UN Protocol against Human Trafficking, to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in June 2020.Their relentless work which generated local level evidence and data was as significant as political will in making this critical shift possible. The existing laws on human trafficking will be amended to punish trafficking to Nepal.Developments in international criminal law reveal a new pivot, where NGOs are increasingly becoming prominent on the international plane. International criminal trials warrant domestic support, especially from NGOs to create a conducive environment for investigations and institutionalisation of justice.A precedence was established by the International Criminal Tribunal for the former Yugoslavia in the early nineties, when it worked with the broader civil society for local information, testimonies, and evidence. Its successor, the UN Court for International Residual Mechanisms for Criminal Tribunals, continues to engage with NGOs to forge lasting peace in the Balkans.The International Criminal Court (ICC) has institutionalised its relationship with NGOs with due acknowledgement of their capacity to assist or obstruct trials. NGOs can prompt investigations by submitting situation reports to ICC’s prosecutors. The ongoing investigations on crimes against humanity, in the Democratic Republic of Congo, Uganda, and Myanmar stand as evidence of this.Investigators and prosecutors from foreign countries rely on NGOs for local knowledge, expertise, and access to key sources, to further such trials. State entities such as the police may face constrains to cooperate, given the politically-sensitive nature of such investigations.NGOs therefore become <a href="http://archive.nepalitimes.com/regular-columns/GUEST-COLUMN/Transboundary-jurisdiction,27" target="_blank" rel="noopener noreferrer">critical in documenting, collecting, and verifying</a> information and evidence. In the ICC system, Coalition for the ICC, a group of NGOs from 150 States, have observer status in the annual Assembly of State Parties, the Court’s governing and oversight body.Nepali NGOs have the potential to emerge as salient actors in national and international criminal justice system. The closed case of <a href="http://archive.nepalitimes.com/regular-columns/The-gadfly/truth-and-reconciliation-with-justice,440" target="_blank" rel="noopener noreferrer">Colonel Kumar Lama</a> who was indicted for torture before a court in the UK and eventually released on mistrial, provides important insights.The government refused to cooperate, which led to the legal teams in the UK to seek unofficial Nepali sources for evidence. Lawyers involved in the case questioned the integrity of evidence gathered by a local NGO which lacked expertise to document, catalogue, and preserve evidence according to UK’s standards. Similar outcomes could happen again, given the sluggishness of Nepal’s <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener noreferrer">transitional justice mechanisms</a>.Investments in NGOs should be recalibrated to empower them to <a href="https://www.nepalitimes.com/editorial/geneva-or-the-hague/" target="_blank" rel="noopener noreferrer">bring the perpetrators to justice</a> while ensuring innocents are not wrongfully convicted on foreign territory. Trainings in domestic evidence law will be foundational while orienting NGOs in certified, user-friendly digital tools for documenting, collecting, and preserving evidence.Additionally, while international criminal tribunals do not have homogenous standards to provide evidence, making NGOs familiar with ICC’s distinct framework may prove effective in the long run. It is also imperative to fortify the institutional memory of NGOs to sustain this exercise. This can be attained by prioritising wholesome institutional learning over isolated, individual expertise.Nonetheless, NGOs should function well within their mandate and not strive to emulate or replace State functions. The primary objective of acquiring these competencies is to complement, and not challenge state functions of maintaining peace and rule of law.For instance, resource-strained police will benefit from timely and reliable access to information gathered according to domestic law. Should there be an international probe on past or future irregularities, a competent civil society will share the State’s burden in providing answers, while truth and reconciliation can endure through the work of NGOs at the community-level.Only when the State is unable or unwilling to discharge its duties, will NGOs exclusively serve as focal contacts for the international community in <a href="https://www.nepalitimes.com/latest/tortures-go-unprosecuted-in-nepal-despite-laws/" target="_blank" rel="noopener noreferrer">holding the state accountable</a>.Access of the international community to local NGOs and vice-versa, has opened a new vista for both parties. This symbiotic relationship should be explored by Nepali NGOs to galvanize efforts in upholding law and justice.<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/the-rome-statute-and-the-hague/" target="_blank" rel="noopener noreferrer">Nischala Arjal</a> is a lawyer with specialisation in public international law.

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Nepal’s rights groups must step up

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181148/636be8b39c7e80680e087876jpeg.jpg" alt="" width="1760" height="1054"/><figcaption>Representatives of the civil society staging demonstration at Maitighar Mandala, Kathmandu. Photo: NEPALI TIMES/ARCHIVE</figcaption></figure>Amidst growing concerns over a shrinking civic space, Nepal’s civil society, especially rights-based organisations continue to play an integral role by complementing, consulting, or challenging the government vis-à-vis international law.Sustained efforts by non-government organizations (NGOs) over a decade, led to the ratification of the UN Protocol against Human Trafficking, to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in June 2020.Their relentless work which generated local level evidence and data was as significant as political will in making this critical shift possible. The existing laws on human trafficking will be amended to punish trafficking to Nepal.Developments in international criminal law reveal a new pivot, where NGOs are increasingly becoming prominent on the international plane. International criminal trials warrant domestic support, especially from NGOs to create a conducive environment for investigations and institutionalisation of justice.A precedence was established by the International Criminal Tribunal for the former Yugoslavia in the early nineties, when it worked with the broader civil society for local information, testimonies, and evidence. Its successor, the UN Court for International Residual Mechanisms for Criminal Tribunals, continues to engage with NGOs to forge lasting peace in the Balkans.The International Criminal Court (ICC) has institutionalised its relationship with NGOs with due acknowledgement of their capacity to assist or obstruct trials. NGOs can prompt investigations by submitting situation reports to ICC’s prosecutors. The ongoing investigations on crimes against humanity, in the Democratic Republic of Congo, Uganda, and Myanmar stand as evidence of this.Investigators and prosecutors from foreign countries rely on NGOs for local knowledge, expertise, and access to key sources, to further such trials. State entities such as the police may face constrains to cooperate, given the politically-sensitive nature of such investigations.NGOs therefore become <a href="http://archive.nepalitimes.com/regular-columns/GUEST-COLUMN/Transboundary-jurisdiction,27" target="_blank" rel="noopener noreferrer">critical in documenting, collecting, and verifying</a> information and evidence. In the ICC system, Coalition for the ICC, a group of NGOs from 150 States, have observer status in the annual Assembly of State Parties, the Court’s governing and oversight body.Nepali NGOs have the potential to emerge as salient actors in national and international criminal justice system. The closed case of <a href="http://archive.nepalitimes.com/regular-columns/The-gadfly/truth-and-reconciliation-with-justice,440" target="_blank" rel="noopener noreferrer">Colonel Kumar Lama</a> who was indicted for torture before a court in the UK and eventually released on mistrial, provides important insights.The government refused to cooperate, which led to the legal teams in the UK to seek unofficial Nepali sources for evidence. Lawyers involved in the case questioned the integrity of evidence gathered by a local NGO which lacked expertise to document, catalogue, and preserve evidence according to UK’s standards. Similar outcomes could happen again, given the sluggishness of Nepal’s <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener noreferrer">transitional justice mechanisms</a>.Investments in NGOs should be recalibrated to empower them to <a href="https://www.nepalitimes.com/editorial/geneva-or-the-hague/" target="_blank" rel="noopener noreferrer">bring the perpetrators to justice</a> while ensuring innocents are not wrongfully convicted on foreign territory. Trainings in domestic evidence law will be foundational while orienting NGOs in certified, user-friendly digital tools for documenting, collecting, and preserving evidence.Additionally, while international criminal tribunals do not have homogenous standards to provide evidence, making NGOs familiar with ICC’s distinct framework may prove effective in the long run. It is also imperative to fortify the institutional memory of NGOs to sustain this exercise. This can be attained by prioritising wholesome institutional learning over isolated, individual expertise.Nonetheless, NGOs should function well within their mandate and not strive to emulate or replace State functions. The primary objective of acquiring these competencies is to complement, and not challenge state functions of maintaining peace and rule of law.For instance, resource-strained police will benefit from timely and reliable access to information gathered according to domestic law. Should there be an international probe on past or future irregularities, a competent civil society will share the State’s burden in providing answers, while truth and reconciliation can endure through the work of NGOs at the community-level.Only when the State is unable or unwilling to discharge its duties, will NGOs exclusively serve as focal contacts for the international community in <a href="https://www.nepalitimes.com/latest/tortures-go-unprosecuted-in-nepal-despite-laws/" target="_blank" rel="noopener noreferrer">holding the state accountable</a>.Access of the international community to local NGOs and vice-versa, has opened a new vista for both parties. This symbiotic relationship should be explored by Nepali NGOs to galvanize efforts in upholding law and justice.<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/the-rome-statute-and-the-hague/" target="_blank" rel="noopener noreferrer">Nischala Arjal</a> is a lawyer with specialisation in public international law.

<img width="1050" height="751" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676c9c7e80680e0599d8jpeg.jpg" alt=""/>On 11 December, the Prime Minister and Cabinet's office tabled the 'bill to amend and integrate laws relating to the constitution and operation of Nepal special service' in the parliament secretariat.Prakash Panta, member of the National Assembly from the opposition Nepali Congress has requested the parliament to take the Special Service Bill (SSB) back. With allegations that the bill restricts the fundamental rights of citizens, there is concern that provisions of SSB will violate citizens’ fundamental right to privacy.NC parliamentarian Radheshyam Adhikari says this is a direct threat to  citizens' fundamental rights like privacy and freedom. "This bill shows that the government is against democracy and an open society, and does not believe in transparency and accountability. It will allow the government to snoop on anyone it does not like, and use the information to threaten or blackmail them.”Read also: <a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener">Censuring Censorship</a>, Editorial The SSB will allow the National Investigation Bureau (NIB) to collect any information on anyone without a warrant. The Act's Section 10, subsection 6 states: ‘In the course of information collection or counterintelligence, the Bureau can monitor, intercept, or record the conversations of people or organisations under suspicion or monitoring, made in public, or through any other audio visual or electronic medium.’The Bill also defines interception as the act of monitoring communication channels and gathering data. Though the Bureau has in the past spied on individuals, it is not authorised by law to do so. Now, the bill gives it the right.The Bill makes it compulsory for people to give up any information an  investigation officer requires, and if they refuse the investigators can acquire the information by spying on them if necessary.Read also: <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">Nepal has press freedom, but no freedom after press, </a>Shashank GautamCritics say this has created the fear of misuse and breach of privacy in the name of investigation. It could also lead to leakage of information and violate fundamental freedom in direct contravention of the constitution.Article 8 of the Constitution states that information regarding a person’s residence, property, documents, statistics, correspondence, or character, cannot be violated unless otherwise required by law.Former Chief Justice Kalyan Shrestha says the bill increases the chance of misuse of power. "There should be clear provisions about where the right to privacy can be breached with monitoring and where it cannot. And there should also be provisions for legal redress if someone's privacy is breached when the government uses this right," he says.Read also: <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai Constitution expert Bipin Adhikari goes further, stressing that the law will endanger the country’s democratic polity itself. "A person at the highest level of government may use these provisions to undermine the system itself," he says, referring to how the former king Gyanendra Shah used Article 123 to take power.There is also precedent set by the former head of the Centre for the Investigation of the Abuse of Authority Lokman Singh Karki, who in 2013 operated a state within a state and regularly tapped the phone calls of 293  critical politicians, security officers, civil society leaders, judges and journalists. When Parliament decided to impeach him in 2016, the phone tapping was prominent in the list of reasons.However, there are some who say the danger to democracy has been blown out of proportion. The former head of the National Investigation Bureau Deviram Sharma says, "This law is not meant to snoop on ordinary citizens' phone conversations. It intends to monitor terrorism, antinational activities,  and the activity of dubious foreigners. A draft of the bill was actually prepared 17 years ago, and it has been tabled with timely amendments."Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener"> Nepal undermining free expression: HRW</a>In fact, the draft bill does state that the law is needed to control ‘spying, armed insurgency, coup, inciting others to violence, aiding foreign countries or organisations, breaching the harmony between people of different classes, races, ethnic groups, religions and communities, secessionism, spreading hate and violence, armed and underground groups, illegal activities on border areas, etc.’But that is precisely what worries rights activists, who say that the definition of whom the state is allowed to spy on is so vague and broad that anyone in authority can use it to snoop on political or business rivals, the media or critics of the government.Government across the world have intelligence agencies that are given powers to spy on their own citizens, but these powers are strictly limited by law. Even so, some democratic states like India, the US and UK have made it  easier for intelligence agencies to spy on their citizens, especially when it comes to terrorism. But even there, there have been widespread complaints of misuse.Read also:<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener"> Creeping control over the press in Nepal,</a> Ajay Pradhan The government tried to pass a similar law to allow surveillance in the last days of the Panchayat in 1990, citing heightened activity of foreign spy agencies. But the Panchayat system collapsed, and with it the first attempt to allow the government to spy on its citizens.The law was discussed again during the Maoist war, and a draft was even drawn up in 2001, but it was not tabled. Even today, snooping on private citizens is barred by law, but that has not stopped the National Investigations Bureau and others to snoop on calls and messages.Security agencies in Nepal regularly use call/sms data in their investigations, which is actually illegal. Some have even made private information public. After Advocate Baburam Aryal and four others filed a case against the practice in February 2016, then Chief Justice Kalyan Shrestha and judge Devendra Gopal Shrestha had ruled that a person's right to privacy was "entirely private and fundamental" and limited the practice.Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/" target="_blank" rel="noopener"> IFJ asks Nepal to revoke media gag</a>The verdict stated that since there was no law which allowed security officers to tap phone calls or look at sms, the officers would have to take permission from the District Court before doing so."That is a temporary provision. In the long term, there needs to be balance between individual's right to privacy and the state's need to investigate. A full-fledged law is the permanent solution," says ex-Chief Justice Shrestha.The NIB was previously under the Home Ministry, but in February 2018 it was brought under the purview of the Prime Minister’s Office and Cabinet Secretariat. Although the Bureau’s main duty is to safeguard national security,  the proposed bill expands its area of work to include human trafficking, drug trafficking, illegal wildlife trade. Read also:<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener"> A creeping coup,</a> Editorial"The objective of the Bureau is to protect the national interest. Giving it unlimited powers increases chances of misuse, especially since departments under the PMO are not accountable to any other government department," says Hemanta Malla, former DIG of Nepal Police.There is still time for parliamentarians to debate the Bill and change its provisions if required, but the government appears to be intent on using its majority in Parliament to ram it through. Experts say the bill should have provisions for legal redress, and provisions against transfer or sale of information collected. NC MP Radheshyam Adhikari concludes: "The way it is reads now, it lets the government pry into people's lives, intimidate them and threaten to disclose their private details if they don't obey." "The government is pushing through a law that is above the constitution. The law will grant extraordinary powers to the Bureau any time, which are to be used only in emergencies. But there is not enough awareness in civil society about this. Yes, security forces should have powers, but there should also be check and balance. The law should provide for investigation of the Bureau, as government investigation will not be enough." <figure><img width="640" height="516" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676e9c7e80680e0599d9jpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="640" height="514" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151128/636a67719c7e80680e0599dajpeg.jpg" alt=""><figcaption> </figcaption></figure>"The Bill is meant to restrict undue activity from foreigners. For example, then chief secretary of the government Lilamani Pudel made a 9-point code of conduct about officers meeting foreigners. That angered them. Baburam Bhattarai had promised to not transfer any secretaries, but transferred one of them within 18 days of becoming PM. We need to stop this kind of meddling. The current protests against the Bill is instigated by such foreigners."

Spooking Nepalis by snooping on them

<img width="712" height="520" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108181144/636a962a9c7e80680e05dc50jpeg.jpg" alt=""/>Nepal has made progress in most areas related to children, like health, education, street children welfare, but challenges remain in nutrition, child marriage, and sexual violence, according to a report released on 20 November.The report was released on the occasion of International Children's Day and the 30th anniversary of the adoption of the Convention on the Rights of the Child by UNICEF Country Director Elke Wisch, Women's Commission Secretary Dipendra Kafle, Ministry of Women, Children &amp; Social Welfare Secretary Chandra Ghimire, and Child Rights Activist Gauri Pradhan."Nepal has improved access to education, sanitation, and was the first country to explicitly ban corporeal punishment for children. It is time to celebrate these achievements, but also remember there is much to do. This report is a call for action to ensure the rights of all children," said Wisch of UNICEF.Nepal's progress on <a href="https://www.nepalitimes.com/banner/nearly-half-of-nepali-children-still-malnourished/" target="_blank" rel="noopener">children's health and  nutrition</a> has stalled since the last census, and the problem of sexual violence has  grown worse. It was also pointed out that some challenges are not mentioned in the report:<a href="https://www.nepalitimes.com/opinion/to-the-point/keeping-children-safe/" target="_blank" rel="noopener"> the threat of pedophiles</a> who target Nepal's children's shelters, and the fact that the Children's Act bans children under 14 from child labour, leaving 14-18 year old children at risk.  Read also: <a href="https://www.nepalitimes.com/banner/nearly-half-of-nepali-children-still-malnourished/" target="_blank" rel="noopener">Nearly half of Nepali children still malnourished</a>, Sonia Awale<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/junk-food-is-making-nepali-children-shorter/" target="_blank" rel="noopener">Junk food is making Nepali children shorter,</a> Marty Logan "We have made considerable progress in education in general and girls' education in particular, but the situation of nutrition and sexual violence is still not good," admitted Krishna Bhusal of the National Child Rights Commission, adding that the government's recent initiative to manage street children will be expanded out of Kathmandu soon.Child rights activist Gauri Pradhan felt that the biggest achievement is the change in people's mindsets. "The tradition of educating only the son has now all but disappeared, as we see that girls have an equal presence in schools. Also, child labour has become a stigma now, and teachers using physical punishment are stigmatised too," said Pradhan.Read also: <a href="https://www.nepalitimes.com/banner/after-quantity-nepals-education-needs-quality/" target="_blank" rel="noopener">After quantity, Nepal’s education needs quality</a>, Prakriti Kandel   <img width="483" height="291" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108181144/636a962d9c7e80680e05dc51jpeg.jpg" alt="">Secretary at the Ministry of Women, Children and Social Welfare Chandra Ghimire noted the demographic trend of decreasing percentage of children in Nepal, and pointed out the nation's additional responsibilities.Read also: <a href="https://archive.nepalitimes.com/article/editorial/editorial-reaping-demographic-dividend,3621" target="_blank" rel="noopener">Reaping the demographic dividend, </a>Editorial "At the moment, the population under 35 is the largest demographic group, but due to the decreasing percentage of children, <a href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/need-to-prepare-for-ageing-society,3624" target="_blank" rel="noopener">by 2075 we will become an elderly society</a>," he said. "Nations develop fastest when there is a large youthful population, which means now for Nepal.”Nepal passed a separate Act for children in 2018 which ensures 13 rights of children. Children below 18 form 42% of the population, and <a href="https://www.nepalitimes.com/banner/child-marriage-in-nepal-eloped-at-13-mother-by-17/" target="_blank" rel="noopener">27% of children between 10-18 years are already married</a>.The mortality rate for children below 5 is 39 per 1,000, infant mortality rate is 32 and neonatal mortality rate is 21. More than one-third of children under five are stunted, 10% have wasting, and 27% are underweight.Nearly 40% of children between 5-17 years of age are involved in child labour, and there were 1,420 reported cases of <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">children becoming victims of sexual abuse</a>, up 995 last year. There are 82 children living in jails with a parent, and 821 children living in eight child rehabilitation centres across the country.There were 3,730,602 children joining primary school this year, with 39,820 of them with some form of disability. Half the students from grade 1-12 are girls.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/from-the-nepali-press/children-and-crime/" target="_blank" rel="noopener">Children and Crime</a>, Nepali Times<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/child-marriage-in-nepal-eloped-at-13-mother-by-17/" target="_blank" rel="noopener">Child marriage in Nepal: eloped at 13, mother by 17,</a> Sewa Bhattarai

Mixed picture for Nepal’s children

<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

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121136/636a3faa9c7e80680e04a5dajpeg.jpg" alt="" width="1400" height="1050"/><figcaption>SUP-PRESS: Journalists taking part in a rally on Tuesday ahead of World Press Freedom Day on 3 May were stopped by barricades and riot police outside Parliament in Kathmandu. Pic: MIN RATNA BAJRACHARYA</figcaption></figure>The year since the Nepal Communist Party government came to power has seen a creeping squeeze on the media space, both on the Internet and in the mainstream press. The Civil and Criminal Codes first criminalised photos and cartoons that ridiculed politicians and then put official documents out of bounds for media.Journalists have been arrested and ordinary citizens, including a singer, have been trolled and threatened for social media posts. Reporters without Borders ranked Nepal at 106 among 180 countries on its Press Freedom Index 2019, a six-point drop from last year.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121136/636a3fad9c7e80680e04a5dbjpeg.jpg" alt="" width="364" height="204">The Federation of Nepalese Journalists (FNJ) says there were 58 violations of media freedom by the state last year. They included attacks, threats, abuse and even the disappearance of one journalist. FNJ this week submitted a letter to the co-chair of the ruling NCP, Pushpa Kamal Dahal, as well as to opposition leader Sher Bahadur Deuba, drawing their attention to the crackdowns. The nature and number of incidents have come down from the previous year, but legal challenges have increased, says FNJ general secretary Ramesh Bista.“Journalists are being arrested through laws not designed for the media, but the Electronic Transaction Act, which usually applies to banking,” says Bista. “The government is preparing a draft for online content and an umbrella law for all media that includes provisions which could affect journalists in their work. We are very concerned about the negative impact this will have on the constitutionally-guaranteed freedom of expression in Nepal.”Read also:<a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai<a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/" target="_blank" rel="noopener">Press freedom must be defended by its maximum application</a>, Shiva GauleHistorically, Nepal has been a safe country for journalists since the end of the absolute monarchy, although there was a period in 2016 when reporters and editors were silenced. On paper, Nepal has some of the most progressive laws on press freedom, and is one of the few countries where the right to information is also applicable to politicians. However, these laws have been superseded by potentially draconian provisions that could allow the state to deny these rights.“The Criminal Code of 2017 has criminalised the violation of privacy and prohibits investigating records and documents, which directly hampers the work of journalists. Individual privacy should be protected, but the law should not be applicable to public figures,” says Namrata Sharma, Chair of the Centre for Investigative Journalism, Nepal. “The Constitution prohibits acts or speech against national interest and sovereignty, and that can be used against journalists, which is a matter of great concern.”Activists at a rally a few days ahead of World Press Freedom Day on 3 May said the ruling NCP’s attitude towards the media has been antagonistic. Minister of Communication and Information Technology Gokul Baskota has publicly derided media criticism of the government. A person who posted an unflattering, photo-shopped image of the prime minister online was arrested, singer Pashupati Sharma was forced to delete a music video on YouTube that ridiculed corruption, and Pokhara reporter Arjun Giri was arrested over a defamation complaint under the cybercrime law.Read also:<a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">Suppressed</a>, Om Astha Rai<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">Creeping control over the press in Nepal</a>, Ajay Pradhan

Long shadows

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101144/636a25be9c7e80680e0439dbjpeg.jpg" alt="" width="1800" height="1050"/><figcaption>Activists protest government's reluctance to solve the rape and murder of Nirmala Panta, a teenager whose body was found near her home in Kanchanpur in July 2018. Photo: RSS</figcaption></figure><ul><li>Statute of Limitations: A 10-year-old girl is repeatedly raped by her caretaker. Her mother finds out much later. Since the statute of limitations to report rape was 35 days at the time, the complaint could not be filed. A Public Interest Litigation to extend the time is still pending in court six years later. The actual rape case has not even been registered.</li> <li>No Counselling: A pre-teen tells her mother a man “did something bad” to her. The police report has no details, only ‘something bad’, but the court scribe assumes it is ‘vaginal intercourse’. Medical report states that her hymen is intact. Doubts are raised, which helps the defendant in the court.</li> <li>Manipulation: A 17-year-old claims that she was manipulated and threatened into having sexual intercourse with the promise of marriage. She is asked how she can call it rape, since there is no physical injury or signs of resistance.</li> <li>‘Honour’: Defence counsel argues that the stigma of rape will brand a seven-year-old child for life. The view that her reputation is more important than justice takes precedence. The perpetrator is acquitted, to ‘help’ the victim.</li> <li>Stigma: The mother of a young girl finds out her husband has been raping their daughter. She fails to report the rape, but files a complaint about domestic violence demanding divorce and her share of property. 4</li></ul><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101144/636a25c19c7e80680e0439dcjpeg.jpg" alt="" width="2048" height="1365"><figcaption> </figcaption></figure>Rape survivors and victims of sexual abuse in Nepal are increasingly going public with their experience, but even if they file a complaint, it is doubtful if they will ever get justice given the loopholes in the law.Nepal’s law does not match up to international standards: victims have only one year to report rape, the complaint procedure is stacked against them, and often there are no counsellors even for children. Most rape cases therefore go unreported, and the 1,600 complaints filed with police last year were just a small fraction of the actual cases.In fact, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) has asked Nepal to abolish the statute of limitations saying it denies victims the right to effective remedy, and is especially unfair to victims of war crimes.Since most perpetrators are family members or known persons, there is pressure on the victim not to register the case at all. The law mandates the presence of counselors for victims, but it is rarely implemented. Many victims, especially children, are therefore not able to open up in the presence of intimidating officials.Read also: <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in reported rape in ten years</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/the-roots-of-rape/" target="_blank" rel="noopener">The roots of rape</a>, Kedar Sharma<iframe src="https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1Z-EcBdGQSvO4KbOuhA99cmkXbDr9N60P5Bk-A0W8LM8&amp;font=Default&amp;lang=en&amp;initial_zoom=2&amp;height=650" width="100%" height="650" frameborder="0" allowfullscreen="allowfullscreen"></iframe>Most victims choose not to pursue cases because they do not know how to work the court system and do not have the resources to fight it out. Figures show that only 60% of rape cases are closed, and only about a quarter of the victims get a favourable verdict.Even though a 2015 amendment broadened the definition of rape to include non-penile penetration, it is still rare for a court to convict such offenders. A Kathmandu School of Law report states that Nepal’s judiciary is ‘obsessively concerned with looking into elements such as penetration, use of force and completion of sexual intercourse by ejaculation’ as primary grounds for conviction. In absence of such evidence, the courts tend to shift the charge of ‘rape’ to ‘attempted rape’.Advocate Sushma Gautam says the situation is more favourable today as the Supreme Court has made landmark decisions based on the new laws, but she says not everyone is updated about the new laws.  “Even some judges and lawyers are ignorant of what constitutes rape and operate on their traditional mindset which considers only penile penetration to be rape,” she explains.Read also: <a href="https://www.nepalitimes.com/opinion/theytoo/" target="_blank" rel="noopener">#Theytoo</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">Republic of rape</a>, EditorialActivists worry that the system favours the perpetrator rather than the victim. The severity of the punishment is based on the age of the victim, with 16 years of imprisonment if the victim is aged below 10, and only 5-7 years if she is above 20, and there is also extra punishment if the victim is more than six months pregnant, or is disabled.“These provisions are unfair because they assume that an adult female in good health cannot be raped, which is not the case,” says Binita Pandey, a lawyer at Women’s Rehabilitation Center, (WOREC) Nepal. In the case of adult women, investigation often veers towards what the woman was wearing, why she was out at a particular time, and attempts to blame the victim for provocative behaviour.It is even more difficult for male victims: the law regarding paedophilia address male children, but rape laws specifically mention only ‘women’ as rape victims, leaving out men and transgender persons. Nepal’s laws are still based on patriarchal notions that a woman’s sexuality is the property of her male partner and not herself.Even as international standards like CEDAW mention ‘women’s sexual autonomy and consent’ in laws regarding rape, Nepal’s laws are still concerned about chastity, depriving many male and female victims of justice.“The problems with our Criminal Justice System is that the government is not really focused on implementing it,” says advocate Indu Tuladhar. “Our laws have improved, but there are still many loopholes. Often, the government does not actually implement high sounding provisions, which means that we must question its intention. Does it really want to deliver justice, or is it just creating laws that look good?”Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/justice-delayed-and-denied/" target="_blank" rel="noopener"> Justice delayed and denied</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/crime-and-politics/" target="_blank" rel="noopener">Crime and Politics</a>, Namrata Sharma

Rape rulings in Nepal follow letter, not spirit of the law

Himal Khabarpatrika, 11-18 NovemberAs many as 898 foreigners are currently serving time in Nepal’s prisons, according to the latest data released by the Department of Prison Management.Not surprisingly, an overwhelming majority of foreign prisoners are Indians. Nepal shares a long and porous border with two of India’s poorest states with high crime rates. So it comes as no surprise when one finds out that three in every four foreign prisoners doing time in Nepal are from India.Of the 682 Indian prisoners languishing in jails in Nepal, 41 are women. Foreigners are serving jail terms in Nepal mainly for drug peddling, kidnapping, rapes, human trafficking, murder, cheating, wildlife poaching and IT fraud. Indians outnumber other foreigners in almost every crime except visa overstay, bank fraud, counterfeit currency and child abuse.What is interesting is that the second highest number of foreigners in detention are from Bhutan, a tiny Himalayan kingdom with which Nepal has restrained people-to-people ties. But what could explain this is a large number of Bhutanese refugees languishing in eastern Nepal for the last three decades. Although over 100,000 refugees from Bhutan have been taken to the US, Australia, Canada and other countries, some 6,000 refugees are still in Nepal.After nationals from Bhutan (70), Bangladesh (47) and Pakistan (21) are number three and four on the list of foreign prisoners in Nepal. Only 76 foreign prisoners are from outside these four South Asian countries. Foreign prisoners from outside the region are in single digits, except China (10), but this figure also includes Tibetans.As many as 19 foreign prisoners are from Africa, and 15 are from Europe, including the notorious French ‘Bikini Killer’ Charles Sobharaj. There is only 1 American.The higher number of foreign prisoners is lodged in Jagannath Deval jail in Kathmandu (108). Most of them have been slapped with jail terms of more than five years.

Foreigners in Nepal’s prisons

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110714114/6369029c9c7e80680e037c73jpeg.jpg" alt="" width="640" height="427"/>The rape and murder of a 13-year-old girl in Kanchanpur last week was the latest in a series of crimes nationwide reported daily and with depressing regularity in the media.This time, the outrage wasn’t just against the local authorities for not being able to find the rapists, the anger was directed at the messengers.One national daily actually published a photo of the teenager’s corpse in a muddy field surrounded by onlookers. The picture was shared widely on social media, even though many called for it to be taken down.Like most newsrooms in South Asia, the ones in Nepal also fall short when it comes to discussion and introspection on journalistic practices and ethical standards, especially while reporting on <a href="https://www.nepalitimes.com/here-now/no-country-for-women/" target="_blank" rel="noopener">rape and sexual assault</a>. How do we report on it when we have not even figured out how to talk about such crimes? What are the pitfalls while navigating allegations that are difficult to corroborate? How much detail of the victim and family is necessary?Also read: <a href="http://archive.nepalitimes.com/article/nation/perpetrators-of-sexual-violence-walk-free-women-remain-silent,1768" target="_blank" rel="noopener">Rape as a weapon of war</a>, Tufan Neupane<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/news.php?id=19884#.W2wEt1UzbIU" target="_blank" rel="noopener">Rape for ransom</a>, Shatrudhan Kumar Shah<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110714114/6369029e9c7e80680e037c74jpeg.jpg" alt="" width="640" height="339"><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110714114/636902a19c7e80680e037c75jpeg.jpg" alt="" width="640" height="210"><figcaption> </figcaption></figure>Then there is the victim blaming. There were several stories about the Darbar Marg rape case earlier this year where reporters commented freely on the woman’s body, her personal life, relationships, her decision to drink with male friends, and other issues that distracted from the crime.<a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Police records show rape and attempted rape cases have grown almost fourfold since 2008.</a> Last year, more than 1,100 rape complaints were filed, while many more go unreported.While news of sexual assault is now common on the papers and tv, coverage is often problematic. Most have sensational headlines with the victim’s voice missing, condescending language perpetuates stereotypes about sexual assault, and stock images depicting victims as helpless with artfully ripped clothes.Nepal ranks 111 out of 144 countries in global gender equality index and Nepali women are subjected to many forms of violence, from punishment for witchcraft, domestic violence, to sexual assault. And whenever the heavily male-dominated newsrooms report on these issues, the template is the same: victims are almost always robbed of their agency.The news is largely based on police reports, which means much goes unreported. Many journalists skip the most challenging aspect of covering such stories: building trust to tell the victims’ side of the story.Also read: <a href="https://archive.nepalitimes.com/article/nation/young-girls-not-pushed-around-anymore,4183" target="_blank" rel="noopener">Not pushed around anymore</a>, Sahina Shrestha<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/sexual-abuse-in-the-family-neighbourhoods,3509" target="_blank" rel="noopener">All in the family</a>, Sahina ShresthaMost stories are also episodic, focusing on individual crimes without examining trends, not investigating institutional failures and entrenched male entitlement. Why is rape under-reported? How are the crimes investigated, if at all? What is the reason for the low conviction rate? Most importantly, how does coverage change the lives of victims?Tired of venting our frustration about coverage of rape and sexual assault in the Nepali media, we <a href="https://www.recordnepal.com/wire/nepal-media-coverage-of-sexual-violence/" target="_blank" rel="noopener">collaborated with The Record </a>and talked to editors and reporters in Kathmandu for the <a href="https://soundcloud.com/bojubajai/this-is-how-nepals-news-media-covers-rape" target="_blank" rel="noopener">recent episode of our BojuBajai podcast.</a>Almost everyone agreed newsrooms had become more sensitive lately about the issue, but this did not always reflect in the coverage. None of the newsrooms had guidelines, except to withhold the victim’s identity. Most said they never gave much thought to the pictures accompanying their stories, as long as it didn’t show the victim’s face.Some admitted that proximity of the incidents to Kathmandu shapes the priority the story gets. “Whether they take place in Bara or Durbar Marg, we need to ensure they get the same importance,” one editor said.More revealing was the attitude towards gender-based violence in newsrooms where women make up less than a quarter of the workforce. Reporters said their stories on domestic violence did not get attention until a woman is beaten to death. Senior reporters often think it is beneath them to cover such “light topics”.Improving coverage of violence against women will only begin when journalists first see there is something wrong with objectifying and stereotyping women, and having a different standard in coverage of females figures, or in treating domestic violence as normal.Here are some resources for journalists to sensitively report on these issues<a href="http://www.satyamevjayate.in/Fighting-Rape/EPISODE-1article.aspx?uid=E1-Media-A1" target="_blank" rel="noopener">Satyamev Jayate</a><a href="https://www.bbc.co.uk/editorialguidelines/guidelines/law/victims-sexual-offences" target="_blank" rel="noopener">BBC Editorial guidelines</a><a href="https://dartcenter.org/content/reporting-on-sexual-violence" target="_blank" rel="noopener">Dart Center, Reporting on Sexual Violence</a><a href="https://www.nytimes.com/2017/12/13/reader-center/jessica-bennett-our-new-gender-editor-answers-your-questions.html" target="_blank" rel="noopener">Jessica Bennett, New York Times Gender Editor, on gender coverage and reporting on sexual misconduct</a>

How does the Nepali media cover rape?

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.

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