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Race against time

https://www.youtube.com/watch?v=3V1x6nUgo9g&amp;feature=youtu.beEver since Nepal’s founding king <a href="http://archive.nepalitimes.com/news.php?id=6592#.XVUiCuMzbIU" target="_blank" rel="noopener">Prithvi Narayan Shah</a> described the nation state he forged as a garden of 4 castes and 36 ethnicities, besides considering themselves ‘Nepali’ most people have also kept a distinct sense of sub-national identity.The Muluki Ain of 1854 defined this social hierarchy, and the 2011 <a href="http://archive.nepalitimes.com/news.php?id=8616#.XVUpheMzbIU" target="_blank" rel="noopener">census</a> lists all 125 castes and ethnic groups, forming the basis on which the new <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/09/20/peoples-constitution/" target="_blank" rel="noopener">Constitution</a> defines Nepal’s <a href="http://archive.nepalitimes.com/news.php?id=15798#.XVUpPuMzbIU" target="_blank" rel="noopener">reservation policies</a> for the civil service, government and Parliament. But with an increase in inter-ethnic marriages producing an even more multicultural society, there may be a need to redefine ethnicity as the country becomes even more diverse.“Growing up, my most cherished memories are visiting my grandparents from both sides of my family and being exposed to diverse beliefs, traditions and food,” recalls Rubeena Mahato, who has a Maithili father and Newar mother. “The two ethnic backgrounds merged seamlessly without one undermining the other.”But despite embracing her dual heritage and being raised in a household with no concept of caste hierarchy or religious superiority, and taught to respect people regardless of their ethnicity, Mahato says society kept her in a box as she grew up. (See box story below)Mahato recalls that the first question she was asked at school was about her caste and ethnicity. As children who didn’t know better, her classmates made assumptions based on what they had seen their parents do. Mahato was seen only as a Madhesi, leading her to feel self-doubt over her Newar identity. While she embraced her duality, her peers and teachers did not.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110814110/636a53aa9c7e80680e052362jpeg.jpg" alt="" width="1400" height="933"/><figcaption>INTERETHNIC LOVE: Prime Minister KP Oli presents rhododendron blossoms to his wife Radhika Shakya on 21 February during Kalu Pande Diwas in Dahachok. Pic: Krishna Paudel</figcaption></figure>The caste and ethnic categorisation in the Muluki Ain and a rigid perception of identity pose obstacles for Nepalis who want to adopt their hybrid identities. <a href="http://archive.nepalitimes.com/news.php?id=16478#.XVUm4uMzbIU" target="_blank" rel="noopener">Seira Tamang</a> is a political scientist whose research focuses on social exclusion. She says, “Regardless of how people might choose their ethnic and other identities, society at large will see and treat them according to the <a href="http://archive.nepalitimes.com/news.php?id=7872#.XVUqB-MzbIU" target="_blank" rel="noopener">singular homogenised identity and strata of the Muluki Ain.”</a>Historian <a href="http://archive.nepalitimes.com/news.php?id=11936#.XVUmpeMzbIV" target="_blank" rel="noopener">Pratyoush Onta</a> of Martin Chautari says Nepalis have three types of responses to multiethnic identities: embracing their hybrid ethnic identity, reasserting one ethnic identity while rejecting the other, or identifying themselves only as Nepali. Keeping a single ethnic identity as long as it abides by the ongoing patrilineal system aligns with the current perception of ethnic identity, but there is social and political confusion for many like Mahato who want to preserve their hybrid ethnic identity.<a href="http://archive.nepalitimes.com/news.php?id=13361#.XVUnpOMzbIU" target="_blank" rel="noopener">Mahendra Lawoti</a>, professor of political science at Western Michigan University, who has written extensively on Nepal’s reservation policies, says, “Ethnic identity is not just shaped by the individual’s perception of themselves, but also society’s recognition of them. Ethnic identity, to some extent, is a social construct.”Indeed, the ethnicity of a person in Nepal is still largely determined by the father’s lineage. But this can lead to even more confusion over the freedom of women to change their ethnic identity and surname with marriage and the matter of reservation policies.Besides a mandatory quota for women in government and civil service, there is also <a href="http://archive.nepalitimes.com/news.php?id=4140#.XVUosOMzbIU" target="_blank" rel="noopener">affirmative action</a> for indigenous people, Dalits and other ethnicities. But as marriages create more <a href="http://archive.nepalitimes.com/news.php?id=12561#.XVUoO-MzbIU" target="_blank" rel="noopener">multiethnic identities</a> and a weaker attachment to a single ethnicity, the future of the <a href="http://archive.nepalitimes.com/news.php?id=15753#.XVUn0OMzbIU" target="_blank" rel="noopener">reservation policy</a> comes into question.“The reservation policy should be reflective of society and should respond to changes in the social dynamic,” says Lawoti. “The state does not recognise multiethnic individuals, but it should respond to this new reality.”However, whether offspring of inter-ethnic marriages will seek to assert their hybrid identity, or take up one or other of their parental identity is also uncertain. Some may prefer to assume the identity of their Dalit or indigenous parent rather than their 'higher caste' parent in order to benefit from reservation.Lawoti and Onta both agree that policies should be more flexible to accommodate multiethnic individuals. different caste or ethnicity. Women should be allowed to either keep their birth surname or change it to their husband’s, but if they are allowed to change when it fits their immediate purpose, the system perpetuates unfairness.“Women should be allowed to change their ethnic identity when they get married but not to simply abuse the system,’’ says Lawoti. In Nepal’s patriarchal society, even with inter-ethnic marriages there is a tendency for wives to adopt the customs, traditions and culture of her husband’s ethnicity, forgoing her own. Children are raised with the culture of their father’s ethnicity. When doing so, the ethnic background of women erodes and hybrid identities are less likely to be formed.However, with greater geographical mobility, the spread of education, and people moving out of historical ethnic enclaves, there are more possibilities of mixed ethnicities. Politician Tripple P Gurung and journalist Ramyata Limbu raise their children with a fusion of ethnic customs and practices. Both Gurung and Limbu traditions are preserved flexibly within the home – a trend that many families with inter-ethnic marriages now practice.Basantapur of Sunsari district in eastern Nepal is perhaps one of the most multicultural, multilingual and multiethnic villages in Nepal. Anthropologist Chudamani Basnet researched inter-marriage in the town and found that although <a href="http://archive.nepalitimes.com/news.php?id=19885#.XVUo3eMzbIU" target="_blank" rel="noopener">Janjatis</a> have been intermarrying people from higher caste groups, there were none of the expected cultural conflicts.A Limbu woman married to a Giri man found that as they had migrated away from their families and were more economically independent, they faced very little inter-ethnic conflicts.However, not all such marriages are accepted. 'Higher caste' people who have married Dalits, for instance, are <a href="http://archive.nepalitimes.com/news.php?id=15947#.XVUuxuMzbIU" target="_blank" rel="noopener">routinely ostracised</a> by their own community. Sometimes couples who have crossed caste or ethnic lines to elope have been publicly taunted, beaten, or driven out of their villages.Basnet attributes much of the opposition to the loss of cultural heritage and language. “Inter-marriage was made possible by a common language, Nepali, which has facilitated interaction between people of different ethnic groups, but at the cost of their mother tongues,” he adds.As offspring of inter-ethnic marriages create and practice their own fusion customs, some of the distinct cultural and linguistic attributes of the original ethnic groups tend to erode. The future of hybrid identities with the current social and political state of Nepal is therefore uncertain, even though Prime Minister KP Oli and his wife Radhika Shakya, and other senior politicians, themselves have married across ethnicities.Inter-ethnic marriages in Nepal came in waves. During the Panchayat, many underground Communist leaders, like KP Oli, developed relationships with young women in the households where they rented rooms, or in the neighbourhoods of inner city Patan and Kathmandu. During the National Development Service, college graduates were mandatorily required to serve a year in rural areas, and got married to locals. The third wave was during the conflict, when Maoist guerrillas could get married with the party's consent. Today, education, mobility and connectivity have unleashed a new wave of inter ethnic marriages.Uncertainty is also perpetuated by the lack of data regarding inter-ethnic marriages. The Department of National ID and Civil Registration refused this paper’s repeated requests to release data of inter-ethnic marriages or to comment on the trend, citing issues of privacy and discrimination.Regardless, Nepal is celebrated as a multicultural, multilingual and multiethnic nation, characteristics that have been embedded in the Constitution. But while the country as a whole may have a rich ethnic diversity, it is also becoming a new melting pot.Read Also:<a href="http://archive.nepalitimes.com/news.php?id=11202#.XVUid-MzbIU" target="_blank" rel="noopener">Happily ever after,</a> Shraddha Basnya<a href="http://archive.nepalitimes.com/news.php?id=15581#.XVUideMzbIU" target="_blank" rel="noopener">Caste no bar,</a> Kong Yen Lin<a href="Nepal,%20an%20emerging%20rainbow%20nation" target="_blank" rel="noopener">Nepal, an emerging rainbow nation,</a> Rubeena Mahato<a href="http://archive.nepalitimes.com/news.php?id=15775#.XVUjneMzbIU" target="_blank" rel="noopener">Nepal's mutli-ethnic future,</a> Shyam Shrestha<h2>Tharu-Tamang</h2><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110814110/636a53ad9c7e80680e052363jpeg.jpg" alt="" width="1400" height="1050"><figcaption> </figcaption></figure>Suksari Chaudhary was in her early 20s and working in a garment factory in Kathmandu Valley when she met Chhewan Lama. Amidst the hum of sewing machines and heaps of fabric scraps, the two fell in love.They went their separate ways, but five years later they both found jobs in a school in Lalitpur and got married soon after. Although she is Tharu and he is Tamang, the wedding ceremony reflected neither culture but was performed using Brahmin rituals.“I think it was easier for us to have an inter-ethnic marriage because both our parents were no longer with us and our other relatives also had inter-ethnic marriages,” says Chaudhary. Lama’s parents and Chaudhary’s father had passed away years before they met.The only time they faced any difficulty over their mixed marriage was when they returned to Lama’s home in Kavre for the first time after getting married. She recalls, “At first, his extended families didn’t really understand why he had married a Tharu.” But when Chaudhary was asked to sit in a traditional Tamang puja by Lama’s family, she felt welcomed and accepted. It was rare for a conservative family to allow a person from another ethnic background to worship with them.A year after their marriage, Lama and Chaudhary had a daughter, who grew up in a multiethnic household. She is now 22, and Chaudhary regrets not teaching her daughter Tharu customs, just as she herself never had the chance to learn about her heritage. As the only Tharu family in a predominantly Brahmin/Chhetri area, as a girl she was only familiar with the customs and practices of the ‘higher caste’ community.Today, the family has added other rituals to their celebrations. For example, during Dasain, they put white tika on each other in the evening as per Tamang custom. Lama says, “When we were raising our daughter, we neither raised her strictly as a Tharu nor a Tamang. She is a combination of both and a product of an interlaced family.”<h2>Maithil-Newar</h2><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110814110/636a53b09c7e80680e052364jpeg.jpg" alt="" width="800" height="843">Growing up in a Maithil-Newar household, Rubeena Mahato embraced her colourful and multicultural heritage, celebrating both Rakshya bandhan and Bhaitika with Newari mandaps and eating Mithila dishes like thekuwa, khajuriya and daal puri during Chath and delicious yomaris during Newar Lapte bhoye bhoj. “My dual heritage merged seamlessly and they always have,” says Mahato.From a young age, Mahato was taught to respect everyone regardless of their ethnic or caste background. But she did not always receive the same treatment from others, and witnessed others get harassed because of their heritage.“Because of my upbringing, it was inconceivable for me to engage in ‘othering’ and exclusion, or to suffer it. I remember arguing with my friends over it and refusing to participate. Over the years, there have been multiple occasions where I have had to lecture perfectly educated young people for using caste slurs. Most are embarrassed, some are quite taken aback and some refuse to introspect. But I know that we cannot let such behaviour go unchallenged.”Now living in the US with her husband, Mahato remembers: “Our home is a riot of colours, tastes and flavours from our various heritages. What could be more Nepali than that?”

Nepal is turning into a nation of hybrid identities

<figure><img width="1400" height="1031" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107141112/636904bc9c7e80680e037d3djpeg.jpg" alt=""/><figcaption>UNDERPASS: It looks like you forgot that there is now a new law that forbids disclosure of the private information of public officials. Vatsyayan in Kantipur, 25 August</figcaption></figure>It has only been two weeks since Nepal’s new Penal Code criminalised photography (Section 295), slapped heavy fines and jail terms for recording conversations (Section 293), and announced strict punishment for sending, receiving or using online data (Section 298). Another privacy-related bill in Parliament will prohibit people from publishing personal information of public officials. But it has already had a <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">chilling effect across the Nepali media</a>.A person who ridiculed the prime minister on Facebook was tracked down and arrested for photo-manipulating the prime minister's photo, which violates Section 295 of the Code. Editors of Nagarik, Annapurna Post and Kantipur were summoned to the Press Council for interrogation.Photojournalist Usha Titikshu was taking a photo of a damaged CCTV camera at an airport recently, when she was stopped. “Don’t you know the new rules about not taking photos?” she was warned.If enacted earlier, the new laws would have forced editors to spike their recent investigative reports on the Chief Justice’s doctored certificates, photos showing collusion between top politicians and medical college owners, and stories of corruption in high places.The Federation of Nepalese Journalists last week issued its Godavari Declaration demanding that the provisions be immediately rescinded. The International Federation of Journalists (IFJ), The Committee to Protect Journalists (CPJ), Reporters without Borders (RSF) and others <a href="https://www.nepalitimes.com/latest/amend-criminal-code-rsf/" target="_blank" rel="noopener">all condemned the move</a>, demanding that Nepal adhere to the international standards and principles of freedom of expression.Although the constitution guarantees press freedom as an inviolable right, the laws try to enforce constitutional provisions protecting a citizen’s right to privacy more strictly, even extending it to public figures.Read also: <a href="https://www.nepalitimes.com/banner/strongman-rule/" target="_blank" rel="noopener">Strongman rule</a>, Om Astha RaiPress adviser to the prime minister and former editor Kundan Aryal admits that a free press is important, but says the Nepali media has failed to self-regulate."Journalists do not rein themselves in, they feel free to make derogatory comments, especially about women. It is necessary to regulate the press,” he told Nepali Times. Such talk has already had a dampening effect, with editors and reporters now more wary of publishing information in the public interest. The fear is that the laws are so broadly defined and open to interpretation, anyone can be hauled over for anything.The crackdowns started coming thick and fast after the Nepal Communist Party government was elected to power in January: it consolidated the surveillance arms of the state in the PMO, proposed restrictions on advocacy through the National Integrity Policy, and banned popular areas for protest. Photographer Chandra Ale of Onlinekhabar recently faced questions when he was at Kalimati vegetable market where traders had locked up government inspectors. “A person asked me if I had permission to take photos. He followed me, and forced me to delete my pictures,” Ale relates.Photojournalist Usha Titikshu thinks there is a systematic plan to gag the media. “Threats to journalists are more common across South Asia, and we have not connected the dots to see that the same is happening in Nepal,” says Titikshu, citing the rape and deaths of journalists in India and <a href="https://www.nepalitimes.com/banner/the-death-of-democracy/" target="_blank" rel="noopener">the arrest of noted Bangladeshi photographer Shahidul Alam</a> who is being mistreated in jail. “We see our own government moving towards similar intolerance in Nepal.”Ujjwal Acharya, South Asia coordinator of IFJ and digital media watcher says: “Today one thinks twice before posting anything on social media. By the looks of it, the government intends to curtail all kinds of expression, especially investigative journalism.”Says Nagarik editor Gunaraj Luintel who answered an unprecedented summon from the Press Council: “It was overstepping its mandate, even asking me to explain a mistake in print to the parties involved. The council is only supposed to promote ethical journalism, but it has become an arm of the government. The aim is to increase censorship in a planned way.”Narayan Wagle, editor of Kantipur, was also summoned by the Press Council for the first time in his 30-year career, and says the it has outlived its usefulness.“The practice in democratic countries is that the government does not monitor the press. The press monitors itself through a code of ethics. But in Nepal, a new law about the Press Council is in the offing, which proves the government wants to further tighten the noose around the press.”Bikas Karki, president of Photo Journalists’ Club, agrees that the government’s real intention is control: “The Constitution has become like the elephant’s tusks, it is there just for show. The laws are the real teeth inside, which bite.”Nepal has gone through censorship before. The Panchayat system banned political parties, and the royal palace strictly controlled the press. In 2005, King Gyanendra tried to take the country back to those dark days. Some say the new Code is even worse than the Panchayat.“There were threats then, but they were verbal or even unspoken,” recalls photojournalist Gopal Chitrakar, who started out at Gorkhapatra during the Pancahayat. “I don’t remember such draconian measures. These new rules are in writing, they are backed by the law. That gives them legitimacy which is more dangerous.” Kundan Aryal reassured us that the Code and laws can always be amended. But this does not convince journalists who say the laws that restrict media freedom are inherently anti-democratic, unconstitutional and remove its check-and-balance function. Laws that are broadly defined are even more dangerous, and can be a path to authoritarianism.Read also: <a href="http://archive.nepalitimes.com/article/nation/varying-press-freedom-in-burma,1261" target="_blank" rel="noopener">Too little, or too much freedom</a>, Kunda Dixit <h4>The right to say the emperor is naked</h4> Satire flourishes best and is most prolific when there are controls on free speech, and Haribansa Acharya should know. He says he performed his most fulfilling and creative skits during the Panchayat.“Saying ‘17 Sal’ out loud was banned, since it was the year of King Mahendra’s coup. So we got away by saying ‘the year between 16 and 18’,” remembers Acharya. “We also called Prime Minister Surya Bahadur Thapa ‘Gham’ instead of Surya. We played cat and mouse with the censors, and it was more fun and creative. Today’s satire seems to lack that art.”Satire, in fact, seems less necessary when there is full freedom, but it is a lifeline during restrictive times. Even during the absolutist Rana and Shah reigns, the royals knew citizens needed to let off a little steam. So, they allowed one day in a year on Gai Jatra (on 27 August this year)when people had freedom to say anything. <figure><img width="1200" height="841" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107141112/636904bf9c7e80680e037d3ejpeg.jpg" alt=""><figcaption> </figcaption></figure>Culture expert Tejeswor Babu Gongah remembers Gai Jatra revelers burning an effigy of the Panchayat, an act that would have people locked up on any other day of the year."Humour is one space where you can raise issues that you cannot elsewhere, therein lies its power to question authority,” he adds.Some have noted that this year’s Gai Jatra seemed subdued, with fewer shows. On social media, there were comments that satirists had already started self-censoring because of the new Criminal Code.Satirist Manoj Gajurel, who has made a career out of lampooning kings, prime ministers and guerrilla commanders, says: “Humour has a social responsibility to carry the people’s message to authority when it refuses to listen to direct communication.”However, an elected government now wants to take away that right of Nepalis to poke fun at power. Section 306 of the Code specifically prohibits ‘satire’ and categorises it under libel, and Section 295 prohibits caricatures.“I feel a great sense of dread,” admits cartoonist Durga Baral, who went underground during the Panchayat but continued to produce cartoons under the pen-name Batsyayan, despite threats."Freedom of expression is our basic right, and if we are not free to speak out, it all gets bottled up inside.”Nepali cartoonists are pushing back. Last week, Rabin Sayami drew a savage cartoon that tore the government to shreds over its callousness in not investigating the Kanchanpur rape case, and killing a protester. It depicted a smiling Pushpa Kamal Dahal and a smug Prime Minister Oli with a smoking gun in his hand (above). The rapist holds a bloody knife, and has his back turned. Two photos of the rape victim and a dead protester hang on the wall.Sayami was warned by friends to be careful, and that he might be sent to jail. He says the cartoon was a test: “To see if we are still a democracy.”Read Also: <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/saparu-the-festival-of-death-and-rebirt,2543" target="_blank" rel="noopener">Saparu</a>, Sonia Awale<a href="http://archive.nepalitimes.com/news.php?id=11225#.W4fAI84zbIU" target="_blank" rel="noopener">Festival of death and satire</a>, Desmond DoigCode wordsWhile Nepal's journalistic community is up in the arms about the latest Criminal Code, lawyer Madhav Basnet says it is not as worrying as perceived, for the following reasons: <ul><li>The 1990 Constitution was the first one to clearly mention the right to privacy.</li><li>Nepal has a long history of laws against slander and libel, even in Jang Bahadur's Muluki Ain of 1853.</li><li>The Criminal Code does not specifically mention any profession like writers, journalists or photojournalists.</li><li>The conduct of journalists is covered by other laws related to the media, which remain unchanged. The Criminal Code mentions that it will not supersede laws relating to specific professions.</li><li>With social media, it is not just journalists and photographers who take photos, collect and disseminate information, but everyone. The Code is only prescribing limits for them.</li><li>The law, however, does apply to journalists if they are not transmitting through the mass media.</li><li>The Criminal Code is not the guarantor of freedom of expression, the Constitution is. That freedom is not without its limits, and the limits are also mentioned in the Constitution. However, nothing can take away that freedom. And if any law seems to infringe upon it, then there are Constitutional remedies.</li></ul>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 Shrestha

Gagging the press in installments

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Race against time

Nepal is turning into a nation of hybrid identities

Gagging the press in installments