<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6ffa9c7e80680e060052jpeg.jpg" alt="" width="1100" height="1269"/><figcaption>Illustration: DIWAKAR CHHETRI</figcaption></figure>Prime Minister K P Oli spent 14 years in jail for opposing the Panchayat absolute monarchy. He was one of the main drivers of the democratisation of the UML party, always speaking out in support of human rights, press freedom and pluralism.Whether it was to oppose Maoist violence during the conflict, or its anti-democratic behaviour after 2006, Oli was the outspoken one in the party. During constitution drafting, his was the loudest voice against ethnicity-based federalism, and later against the Indian blockade. The people rewarded him for his stance by giving the unified party a majority in 2017.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/?p=38680&amp;preview_nonce=5c160a3237&amp;preview=true" target="_blank" rel="noopener">Rule by law,</a> Editorial<a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Spooking Nepalis by snooping on them</a>, Mukesh PokhrelBut once in power, Oli has lead the charge to curtail democracy, muzzle the media and to constrict open society. After he became prime minister, he moved  the anti-money laundering office, the Revenue Investigation Department and National Investigation Bureau under the PMO.His administration has taken one step after another to introduce bills that go against everything he has stood for: the <a href="https://www.nepalitimes.com/banner/culture-revolution/">Guthi Bill</a>, <a href="https://www.nepalitimes.com/banner/long-shadows/" target="_blank" rel="noopener">Media Council Bill</a>, <a href="https://www.nepalitimes.com/editorial/nepals-human-rights-act/">Human Rights</a> Bill, among others. But after <a href="https://www.nepalitimes.com/editorial/own-worst-enemy/" target="_blank" rel="noopener">strong protests</a> on the streets and media, the government was forced to withdraw those bills.However, the controversial <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Special Services Bill</a> will allow investigation agencies to eavesdrop on citizens and tap phones without court order. This not only goes against the fundamental right of every citizen for privacy, but such surveillance is prone to misuse.Read also:<a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">Zip up</a>, Rameshwar Bohora<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener">A creeping coup</a>, EditorialThe other Information Technology Bill tries to curtail the citizens’ right to free expression by legislating stiff penalties for posts on Facebook or YouTube, and has been voted by a parliamentary committee. (<a href="https://www.nepalitimes.com/editorial/rule-by-law/" target="_blank" rel="noopener">See editorial</a>)  This bill is against the Constitution, and the way it has been voted on without taking into account amendments and changes suggested by stakeholders, is undemocratic as well.Both bills are delayed because the winter session itself has had to be pushed back by the deadlock over the choice of the new speaker to replace <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Krishna Bahadur Mahara</a>. Parliament is a casualty in the <a href="https://www.nepalitimes.com/here-now/which-way-nepali-politics-in-2020/" target="_blank" rel="noopener">power struggle at the top of the ruling NCP</a> between Oli and his co-chair Pushpa Kamal Dahal, which is also affecting ratification of the <a href="https://www.nepalitimes.com/editorial/a-millennium-challenge/" target="_blank" rel="noopener">Millennium Challenge Corporation</a> (MCC) project and other legislation.Oli’s attempts to ram though the laws shows that he is increasingly on the defensive, and wants to strengthen his grip on power. Asks one NCP Central Committee member: “Oli is being criticised more from within his own party more than from the opposition. So who is he trying to defend himself from?”

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No freedom after expression

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6ffd9c7e80680e060053jpeg.jpg" alt="" width="1000" height="1058"/><figcaption>Illustration: SUBHAS RAI</figcaption></figure>Nepal’s ruling unified Marxist-Leninist-Maoists have in the past year <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">incrementally constricted freedom of expression</a>, thinking no one will notice if they do it bit by bit.It <a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">has not gone unnoticed</a>. There is an uproar in social media and <a href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/" target="_blank" rel="noopener">journalists have been speaking out</a>, but the government is using its numerical might in Parliament <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">to pass bills that blatantly flout</a> constitutional guarantees of basic individual freedoms.Read also: <a href="https://www.nepalitimes.com/?p=38663&amp;preview_nonce=77341ce79f&amp;preview=true" target="_blank" rel="noopener">No freedom after expression</a>, Kiran nepal2019 saw <a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">censorship in installments</a>, and it started with a revision of <a href="https://www.nepalitimes.com/banner/strongman-rule/" target="_blank" rel="noopener">the Penal Code</a> that criminalised ridicule, satire, <a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/" target="_blank" rel="noopener">photoshopped images of politicians</a>, and even banned reporters publishing personal information of public figures. <a href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener">The Media Council Bill</a>, a brainchild of Information Minister Gokul Banskota, sought to criminalise free speech on vague grounds.The latest attack is the Information Technology Bill which was passed by a Parliament committee this week, and is sure to be voted through when the winter session begins. It has hefty fines and jail terms for any content deemed ‘offensive or demeaning’ -- infringement of Clause 83 is a fine of Rs1 million and/or jail term of up to five years, and any content that violates Clause 94 (ridicule and hate speech) carries a fine of Rs1.5 million and/or 5 years in jail. Strangely, the punishment for social media infractions are in fact much heavier than physical assault, libel or defamation in the legacy media.Read also:<a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Spooking Nepalis by snooping on them</a>, Mukesh Pokhrel<a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener">Censuring censorship</a>, Editorial'It is wrong for this bill that is supposed to regulate Information Technology to be misused to address issues for which there are existing laws,' wrote Kantipur in a strong editorial on Wednesday. 'Since the definition of defamation is so broad, this law will have a dampening effect on free expression, and foster self-censorship.'Indeed, what constitutes objectionable content is intentionally so broadly defined that anyone can be hauled in for any online post at any time. There is even a new directive against satire painted in the backs of trucks. The government has not even waited for this Act to be passed to arbitrarily put people behind bars for Facebook posts, <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">YouTube satire</a>, or beat up someone for posting a video that painted an unflattering image of the Tourism Minister.For formality’s sake, the bill was put to debate in the parliamentary committee, and the opposition Nepali Congress did push several amendments, none of which were accepted by NCP lawmakers. Now, the arithmetic of the full House means that the IT Act is sure to become law. Fundamental rights of citizens, guaranteed by the 2015 Constitution, are going to be severely curtailed.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<a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai“It is the government that will decide what you can say and what you cannot,” says NC MP Gagan Thapa in an online video. “Just because a government has a majority, it does not mean it can violate the basic principle of the Constitution.”But Thapa is a voice in the wilderness, none of the other opposition politicians have bothered to speak up in defence of freedom of expression even when the attack is so systematic. Under the new law, internet service providers will be liable for content of users, and global platforms like Facebook, Twitter and TikTok would be required to register in Nepal.Other provisions of the IT bill would <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">allow the state to snoop on anyone’s data</a>, tap phones and intercept emails. Politicians want their privacy protected from media, but do not respect the individual’s right to privacy.The ruling NCP seems to have decided that it can pressure the press by withholding advertising, making media moguls beholden to it for business, and tightening regulation.For example, the NCP-affiliated Press Organisation surprised many by being inaugurated this week at the prime minister’s residence, where journalists took oaths to follow the party line on socialism. At least they did not swear by communism.Read also: <a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">Zip up</a>, Rameshwar Bohora<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener">A creeping coup</a>, EditorialThe state sees the free-wheeling nature of the Internet and its impact on public opinion as more of a threat. Hence the attempt to restrict critical content on social media <a href="https://www.nepalitimes.com/editorial/the-message-is-the-medium/" target="_blank" rel="noopener">as its reach grows</a>. More than 90% of Nepalis now <a href="https://www.nepalitimes.com/editorial/new-news/" target="_blank" rel="noopener">have mobile phones</a>, half of them are smart phones, and this proportion is growing. The Internet has become synonymous with Facebook as almost everyone with a smartphone has an account on that platform.Why is Nepal’s kakistocracy in such a tearing hurry to pass this bill when much more urgent legislation on federalism and other laws languish in Parliament? Journalists and citizens may not be arrested right away, but clearly the intention is detention. This is not rule of law, but a draconian rule by law.<h2>10 years ago this week</h2>Ten years ago Nepali Times marked the end of a year and a decade of war, and tried to be hopeful about the future. As feared, the 2010-2019 was a lost decade. Excerpt from a publisher’s note on the front page of issue<a href="http://archive.nepalitimes.com/issue/483" target="_blank" rel="noopener"> #483 </a>of 1-6 January 2010:Back in 2000, we had no idea just how dramatic the decade ahead was going to be. The first (nearly) 500 issues of this newspaper coincided with a period of great transformation. Guerrillas went from the bullet to the ballot and emerged as the single largest party, and the most inclusive assembly in our country's history was elected. Nepal became a model for non-violent political change: a case study that proved revolutions don't necessarily have to be bloody. Imagine how much more progress we would have made if there had been a stable political climate and a more accountable government committed to basic needs. Let's hope that in the next decade we will live in less interesting times.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6fff9c7e80680e060054jpeg.jpg" alt="" width="332" height="500">That our coverage will be less obsessed with the political quarrel of the day, and celebrate the ability of individual Nepalis to overcome adversity. We hope that by 2020 we will have made up for lost time.

Rule by law

<img width="1070" height="830" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40e99c7e80680e04a64ajpeg.jpg" alt=""/>Whether Nepal was ruled by a monarchy-military dictatorship, an elected coalition or a communist regime, its leaders have often tried and ultimately failed to suppress the press.After the <a href="http://archive.nepalitimes.com/news.php?id=1175#.XNvLDOUza70" target="_blank" rel="noopener">royal-military coup of 1 February 2005</a>, the Royal Nepal Army invaded newsrooms. At Nepali Times, two soldiers in military fatigues peered at the monitor, forcing the designer to expunge columns and cartoons. Kathmandu-based papers, including this one, went to press with white holes — so readers got the message that the edition had been censored. We wrote <a href="http://archive.nepalitimes.com/news.php?id=1222#.XNvLI-Uza70" target="_blank" rel="noopener">metaphorical editorials</a> comparing democracy to trees, and played cat-and-mouse with the authorities. Radio stations were told to broadcast only music, no news or current affairs. Some news readers got so fed up they started singing the news, broadcasting bulletins in duets. In the districts, radio stations were closed down, journalists jailed, some tortured and forced into solitary confinement for a year.After the ceasefire and the 2008 elections, in which the Maoist party won a landslide, many breathed a sigh of relief. The war was over, and it looked like our freedoms had been restored. We were mistaken. <a href="http://archive.nepalitimes.com/news.php?id=15506#.XNu7ZOUza71" target="_blank" rel="noopener">The ruling Communists</a> retaliated against critical content in the media <a href="http://archive.nepalitimes.com/news.php?id=15507#.XNu7EeUza71" target="_blank" rel="noopener">throughout 2008-9</a> by burning newspaper distribution vans, <a href="http://archive.nepalitimes.com/news.php?id=15513#.XNu7OOUza71">instigating militant unions</a> or <a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">vandalising and assaulting journalists in their newsrooms</a>.Ever since the united Nepal Communist Party came to power, it has been taking incremental steps to gag the media. Not with a sudden, swift crackdown but <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">softly, in instalments</a>. Like frogs in a pot of water above a fire, we are not supposed to notice that the water is starting to boil until it is too late. Just a short recap: <ul><li>In August 2018, Nepal’s new Penal Code criminalised photography (Section 295), slapped on heavy fines and jail terms for recording conversations (Section 293) and announced strict punishment for sending, receiving or using online data (Section 298). It banned ridiculing of government officials by <a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/">Photoshop-ing</a> their images.   </li><li>A bill in Parliament sought to <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">prohibit journalists from publishing personal information of public officials</a>, ostensibly to protect their privacy.</li><li>Editors were summoned to the Press Council for intimidating interrogations.</li><li>Three journalists in the English language service of the state news agency RSS are being investigated for putting out a story that the Dalai Lama was out of hospital in New Delhi. Their crime: transmitting the item while President Bidya Devi Bhandari was on a visit to Beijing.</li><li>Last week, the Ministry of Communication and Information Technology slipped a draconian Media Council Bill into Parliament with excessive secrecy. It stipulates <a href="https://kathmandupost.ekantipur.com/news/2019-05-13/the-media-council-bill-further-endangers-press-freedom.html" target="_blank" rel="noopener">hefty fines on journalists</a>.</li></ul>Taken together, this is a creeping coup. Nepal seems to be following the roadmap of elected despots worldwide who are cracking down on the free press. Our leaders appear to have got hold of the manual from the one-party states they have been visiting of late.The <a href="https://www.onlinekhabar.com/2019/05/765299?utm_source=Facebook&amp;utm_medium=TwitterPost" target="_blank" rel="noopener">Media Council Bill</a> was introduced in Parliament last week without stakeholder consultation as is customary, and <a href="https://www.kantipurdaily.com/opinion/2019/05/12/155762804094661037.html" target="_blank" rel="noopener">smacks of ill intention</a>. Members of the Council can now be appointed or sacked at will by the Ministry of Communication. Publishers, editors or reporters can be fined up to Rs1 million for tarnishing someone’s reputation.  To be sure, sections of Nepal’s media can also be  faulted for yellow journalism, character assassination, extortion, corruption and politically-sponsored content. The media cannot be an island of integrity when the nation is afflicted by a pandemic of graft.  Members of the media-industrial complex have at times behaved like power brokers.Respondents in a recent <a href="https://www.nepalitimes.com/here-now/survey-is-wakeup-call-for-nepal-government/">nationwide public opinion poll</a> gave low marks to the media: 57% said they did not trust journalists much. The outrage over a <a href="https://www.youtube.com/watch?v=y3l7vEIvWxU" target="_blank" rel="noopener">live studio interview</a> during which Deputy Prime Minister Upendra Yadav <a href="https://www.nepalitimes.com/from-the-nepali-press/the-minister-and-the-anchor/" target="_blank" rel="noopener">walked out on the anchor</a> showed that the public sees journalists as getting too big for their boots.One reason the media could have fallen in the public’s esteem is that most citizens do not make a distinction between the mainstream press and unfiltered content on social media. But the government cannot use this as an <a href="https://www.nepalitimes.com/banner/long-shadows/" target="_blank" rel="noopener">excuse to gag the media</a>. Press freedom is a vital part of the check and balance in a democracy, and the Communist government must realise that one day when it is back in the opposition it will need the very press that it is trying to undermine now.But if it goes ahead and passes the Media Council Bill, this may be the last time we will be free to say in this space why it goes against the letter and spirit of our Constitution.10 years ago this weekNepali Times <a href="http://archive.nepalitimes.com/issue/451" target="_blank" rel="noopener">edition #451</a> of 15- 21 May 2009 had an <a href="http://archive.nepalitimes.com/news.php?id=15941#.XN1DnBQzaUk" target="_blank" rel="noopener">editorial titled ‘There they go again’</a> that could have been written about current Nepali politics. Excerpt:Countries in fragile political transition have to be governed differently than stable democracies. Transitional politics require a unity of purpose. It calls for political parties to never lose sight of the goal: preserving the peace, writing the Constitution and keeping citizens content.Unfortunately, consensus has become the first casualty in the conflict of interest between the Maoists and the rest. Chairman Dahal erroneously thought that being the biggest party in the CA gave him the right to decide things on his own. The Maoists are now following the example that the NC set. The controversy over unilateral dismissal and subsequent reinstatement of the army chief was a consequence rather than cause of the crisis of confidence between the main political parties.Our politicians, too, have forgotten why they got the people’s mandate. It wasn’t to bicker endlessly in Kathmandu over power.<a href="http://archive.nepalitimes.com/issue/451"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40ec9c7e80680e04a64bjpeg.jpg" alt="" width="682" height="1084"></a>

A creeping coup

<img width="1400" height="795" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636922149c7e80680e03a10ajpeg.jpg" alt=""/>In a recent meeting with editors of Nepal’s mainstream media, six months after assuming office, Prime Minister K P Oli was grilled about fears the monolithic Nepal Communist Party he leads was drifting towards authoritarianism. Editors listed the government’s recent moves <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">constricting the democratic space</a>.The prime minister assured editors that his party had not deviated from its belief in liberal democracy, and maintained that his party was impatient to bring about an economic and political transformation of the country. Prime Minister Oli appeared worried that Nepalis were apprehensive about the future. He asked the media not to spread hopelessness by harping on the negative, because the resultant instability would once more derail his government’s efforts to steer the country towards prosperity. Read also: <a href="https://www.nepalitimes.com/here-now/inventing-a-new-enemy/" target="_blank" rel="noopener">Inventing a new enemy</a>, Om Astha RaiFor a leader dubbed the most powerful since Jang Bahadur, and a prime minister commanding two-thirds majority, Oli’s <a href="https://www.nepalitimes.com/editorial/two-thirds-empty/" target="_blank" rel="noopener">sense of insecurity was puzzling</a>. He hinted at forces intent on destabilising the country, and was reminded that those forces were within his own government.In particular, it has been the Home Ministry, led by former Maoist Commander Ram Bahadur Thapa, that has been at the <a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/" target="_blank" rel="noopener">epicentre of most actions dragging Oli into controversy</a>. A university vice-chancellor was prevented from flying to Canada for a conference, and abducted from the airport for interrogation at Baluwatar. A former child soldier was similarly prevented from boarding a flight to Thailand, on direct orders from Minister Thapa. A doctor who refused to sign a fake report for medical compensation <a href="https://www.nepalitimes.com/from-the-nepali-press/detaining-doctors/" target="_blank" rel="noopener">was kidnapped by goons</a> hired by the Home Minister’s adviser. And, this week, a journalist was handcuffed and jailed for a report he filed (pictured).Prime Minister Oli was the lightning rod in all these incidents. The way the crises are piling up, thick and fast, it would be logical to assume that someone is deliberately trying to undermine the prime minister. The PMO has taken the flak for the police’s inability to resolve a high profile gold smuggling scandal, even though the investigations come directly under the Home Ministry. Read also: <a href="https://www.nepalitimes.com/opinion/no-to-the-ugly-nepali/" target="_blank" rel="noopener">No to The Ugly Nepali</a>, Kanak Mani DixitThe <a href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">Kanchanpur rape case</a> has been grossly mishandled by police, who seem complicit in the crime, framing an innocent person and doing everything in order not to catch the culprit. Nepal's police was brazen about killing suspected kidnappers in a broad daylight, encounter-style, recently in the capital. The buck has stopped at Baluwatar.The Oli administration’s backing for provisions in the <a href="https://www.nepalitimes.com/banner/strongman-rule/" target="_blank" rel="noopener">Criminal Code</a> and the proposed <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">Privacy Bill</a>, constricting the space of free media, also casts doubt on the prime minister’s assurances he will protect freedoms. It is surprising that a leader who has been jailed for the defence of democracy should, himself, now go on the offensive against a free press.Let us remind ourselves that the NCP was created following an electoral alliance between the Maoists and the UML. The <a href="http://archive.nepalitimes.com/article/nation/a-two-party-state,3968" target="_blank" rel="noopener">unification process</a> itself was touch-and-go thanks to fierce bargaining for party leadership and rotational prime ministership.Many in the ranks of both parties were against unity. In fact, the NCP has been described as a political party that was born with KP Oli and Puhspa Kamal Dahal conjoined at the head, but the two torsos are still separate. All is not well in the NCP leadership. Even while Prime Minister Oli has been suffering sustained attacks, and is being blamed for mishaps along the way, Dahal has been strangely silent. Not only has he not supported his colleague, he has publicly announced that the leadership of the NCP has been a failure. Dahal is probably getting his protege and former comrade-at-arms, Ram Bahadur Thapa’s Home Ministry, to undermine and embarrass Oli every step of the way. To be sure, as leader, the PM should know he is ultimately responsible for the conduct of his Cabinet and he has to take the blame. Dahal, on a visit to Delhi this week, received a welcome almost worthy of a prime minister. Baburam Bhattarai asserted at a book launch last week that the real reason for India’s blockade was not support for the Madhesi autonomy demand, but pressure on Nepal to roll back secularism from the new constitution. Is there a connection between that and Dahal meeting a Hindu right RSS think tank in Delhi? Dahal is now off to Beijing and it is clear he is positioning himself for succession by ensuring that North and South are fine with it. Within Nepal, especially within his own party, Dahal’s strategy is to not let Oli leave a successful legacy.The fear is that under Dahal, and given the history and ideology of his Maoist party, the NCP will be even more authoritarian and will consolidate some of the restrictions on Western agencies in Nepal. The only check on this is to strengthen the hand of some those former UML leaders in the NCP who have solid democratic credentials.Read also: <a style="background-color: #ffffff; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/editorial/two-thirds-empty/ , Editorial Doublespeak https://www.nepalitimes.com/editorial/doublespeak/" target="_blank" rel="noopener">Two-thirds empty</a> , Editorial  <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai <h2>10 years ago this week</h2> Prime Minister-in-waiting, Pushpa Kamal Dahal, was in New Delhi this week, just as he was in India on a state visit as prime minister ten years ago this week. In a <a href="http://archive.nepalitimes.com/news.php?id=15202#.W5tihM4zaUk" target="_blank" rel="noopener">Comment</a> in the <a href="http://archive.nepalitimes.com/issue/417" target="_blank" rel="noopener">12-18 September edition of this paper</a> (#417) Deb Mukharji, India’s ambassador to Nepal from 2000-2002, had this to say:The proposition of India as a threat to Nepal’s integrity and sovereignty, first elaborated by the palace in the early sixties to justify its absolute rule, was later to be used by all mainstream political parties to a greater or lesser degree. The Maoists are no exception. But a continuation of the same approach, justified at times as reflective of the views of the people, does not lead to constructive engagement. Besides, a democratic framework in India and a vigilant press do tend to ask uncomfortable questions on such issues.Unfortunately, it is likely that elements in Nepali politics as well as in India would look for signs of a cooling in Nepal-India relations during the prime minister’s visit. One would hope that his openness and ability to face with candour the responsibilities of office would silence critics.’ <img width="505" height="795" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636922179c7e80680e03a10bjpeg.jpg" alt="">

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Conjoined twins

<img width="640" height="908" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921589c7e80680e03a0c7jpeg.jpg" alt=""/>In a democracy, all private individuals have a right to privacy. People, after all, are entitled to lead dignified lives without others prying into their intimate affairs.However, some of the provisions of <a href="https://www.nepalitimes.com/banner/strongman-rule/" target="_blank" rel="noopener">the new Criminal Code Act</a> and the draft Privacy Bill <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">violate the principles of press freedom in a democracy</a>, and deliberately blur the lines between what is private and public. If these provisions are not amended, they will lead to the demise of journalism in this country. In fact, the laws appear to be designed to do just that. 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 BhattaraiIt is in a journalist’s Code of Ethics that a private individual’s privacy should not be infringed upon. However, the Criminal Code twists this right to also include the privacy of those who hold public office. Citizens in a democracy have a right to know what public figures do, what they own, what they say in public or private.The new Code and Privacy Bill attempt to <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">gag the media and restrict the journalist’s role to hold power to account</a>. For example, they criminalise morphing of images. But the media democracies often employ photo montages as satire to better illustrate a story and drive home the message more clearly. The Code would also essentially <a href="https://www.nepalitimes.com/from-the-nepali-press/cartoonists-hit-at-restrictions/" target="_blank" rel="noopener">silences cartoonists</a>, since the definition of what can be construed as ‘ridicule’ is left so broad. Read also: <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">Suppressed</a>, Om Astha RaiLast week, the editor of Himal Khabarpatrika called me to tell me that he was going ahead with a morphed image on the magazine’s cover. He said he was trying to push the boundaries even though the Bill and Act expressly prohibit photo manipulation. It was a test. Having once served as editor of this weekly news magazine which has historically confronted the absolute monarchy and the extreme left to uphold press freedom, I felt it was important for Himal Khabarpatrika to once more stand up for its core values.  The cover image of Home Minister Ram Bahadur Thapa is photoshopped to show him in police uniform. The message here is the <a href="https://t.co/cLnwlgWQKA" target="_blank" rel="noopener">minister’s attempt to interfere with the Nepal Police</a> at a time when there have been a series of lapses in the way cases of rape, gold smuggling and restriction on the people’s freedom of movement have been handled. To be sure, the Criminal Code does not allow the media to manipulate photographs. But our point is that the media is here using the image of a public figure to make an important point about collusion and political interference. If Thapa was not Home Minister, doctoring his photograph to show him in police uniform could be construed as an infringement of his privacy. But he is a public figure who had made a series of controversial moves that affect the rule of law, and it is the media’s role to bring this to the notice of citizens in the clearest possible way. If journalists are denied this freedom, as is being done now in Nepal, the space for civil society will shrink and democracy will be undermined. Shiva Gaunle is ex-President of Federation of Nepalese Journalists (FNJ) and Editor of the <a href="https://cijnepal.org.np/" target="_blank" rel="noopener">Centre for Investigative Journalism (CIJ)</a>. This text is a summarised transliteration of his speech at a recent interaction program last week in Kathmandu.  <img width="92" height="103" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/6369215b9c7e80680e03a0c8jpeg.jpg" alt="">

Press freedom must be defended by its maximum application

<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

Fenerbahçe Beko won the Turkish Airlines EuroLeague finals in Abu Dhabi, held 23-25 May, defeating Monaco 81-70 in the final. Olympiacos, who defeated Panathinaikos 97-93, finished the series in third place. The Most Valuable Player (MVP) of the final match, Nigel Hayes-Davis from Fenerbahçe Beko, received a prize of 1,000,000 Miles&amp;Smiles from Turkish Airlines’ Chief Commercial Officer Ahmet Olmuştur. The carrier has been the title sponsor of the Turkish Airlines EuroLeague, a top tier tournament, since 2010.

Turkish Basketball

Thousands of Nepali students dreaming of an American education have been forced to look elsewhere as the Trump administration’s visa restrictions make their future uncertain.
The US was long considered a top destination for higher studies, making Nepal the 10th biggest country of origin for international students in America.&nbsp;
However, that number has seen a significant decline with the total for Nepali students now at 16,482. Some 8,000 Nepali students obtained no-objection certificates to study in the US from the Ministry of Education in the past year.&nbsp;
India, Australia, Canada, South Korea, United Kingdom and Japan are the other popular destinations for Nepali students. There are no clear numbers for Nepalis going to India, but a slight decline was noted this year after the deaths of two female students.
The US State Department has issued a circular to its embassies not to issue new visas to applicants until further notice. US Secretary of State Marco Rubio in the directive stated that the department planned to expand the screening of applicants' social media.&nbsp;
While new applicants are barred including those applying for visitor visas, students with scheduled interviews are allowed to proceed.
“Many of our students are affected by the new restrictions, but those who had applied for student visas earlier have got interview dates,” one Kathmandu-based college counsellor told us.
Meanwhile, even foreign students with spotless records already in the US have not been spared, as visa scrutiny intensifies under the new policy. In a move that underscores the growing sense of insecurity, many US colleges advised international students to carry their passports and documents at all times, even when traveling locally.
“Me and my friends did not go home this summer because we were not sure we would be allowed back, so we just went to Niagara Falls,” said a Nepali undergrad in Ohio, who like many interviewed for this report did not want her name used for fear of repercussion.
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Nepali students have adopted a cautious stance, with many choosing not to return home during summer vacation due to fear of visa revocations as well as travel bans. Meanwhile, over 7,000 Nepalis with Temporary Protected Status (TPS) will have to come back to Nepal by 5 August or face deportation. Thirty-seven were flown back to Kathmandu on Omni Air last week.
“The US is one of the most sought-after destinations for higher education, and the ban will definitely impact bright students,” says Narottam Aryal of the King’s College in Kathmandu.
Indeed, Nepali undergraduates admitted into Ivy League colleges for the 2025 academic year have been asked to look for alternatives. The entire Fulbright Foreign Scholarships Board resigned on Wednesday citing interference from the Trump administration on the selection of this year’s cohort. Some Nepali students already on Fulbright scholarships have noted disruptions, delays and even cancellation of stipends.&nbsp;
The student visa restrictions were initially just for foreign students admitted to Harvard University, but it was later extended to all Chinese students and now to all students. Universities like Columbia which actively recruit foreign students, face sharp enrolment declines, threatening their financial stability and diversity.
An Indian female PhD candidate at Columbia University had her visa revoked by the US State Department, and said she was targeted on the basis of her social media posts on Israeli military attacks in Gaza. Social media vetting of political activism has raised concerns about privacy and freedom of expression in a country where such rights were a given.
Many students have been informed via email that their visas have been revoked for getting speeding or parking tickets, but even others with no criminal record have been affected. The fear of deportation looms large amongst international students, including those from Nepal.&nbsp;
For most Nepalis who migrate to the US for education, the journey is a high-stakes investment. They come largely from middle-class families, often rely on a patchwork of scholarships, work-study programs, loans, or even the sale of family assets to afford fees.
Most Nepali students pursue STEM subjects which offer extended Optional Practical Training (OPT) periods that help fund their education. But with the US backsliding on education and humanitarian matters, countries like the UK and Canada are becoming more attractive despite their own recent stricter controls on student visas.&nbsp;
The UK universities saw a 63% rise in Nepali students’ admissions in 2024. Japan is another popular destination with 64,816 Nepali students enrolled as of 2024.
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Already, China, Hong Kong and Malaysia are poised to benefit from the increased scrutiny of US student visas. Several Hong Kong universities are offering unconditional admission to affected students, while Malaysian institutions are targeting previously US-bound Asian students. China and India have 330,000 and 280,000 students respectively in America, but the numbers for China have seen a sharp drop in the past year.
Elsewhere, branch campuses of American institutions such as NYU in Abu Dhabi, Georgetown in Dubai and Northwestern in Doha are getting more admission applications, and universities in the Gulf region are expanding infrastructure to accommodate those who would otherwise have gone to the US.&nbsp;
Even educational institutions in Nepal are hopeful that the US visa restrictions can be an opportunity to at least keep Nepali undergrads in Nepal, and also attract foreign students from the region.&nbsp;
“Many students might choose to complete their undergraduate degree here in Nepal and then move abroad for their Master’s degree later,” says Aryal of King’s College. “There was a need for quality higher education in Nepal anyway in terms of innovation and opportunities, so this could be the time to reduce our dependence on other countries.”
Nepal’s strategic position between India and China makes it sensitive to US policy shifts. India, a key ally, is also under US scrutiny for potential student travel restrictions. Chinese universities are already offering more scholarships to Nepali talent to capitalise on the US retreat.
American universities have challenged student visa restrictions in the courts. A federal court in Boston revoked the blanket ban on Harvard, and the State Department has ordered the resumption of processing student and exchange visitor visas.&nbsp;
Some are still hoping that President Trump will backtrack on the student visa restrictions, just like he has done with many of his more drastic executive orders.
Even so, the visa see-saw and longer-term uncertainties about living in the United States and its education system means students across the world are making alternative plans.
Says Aryal: “Policies of foreign countries change according to their needs, so excessive dependence was never a good idea. We should work to create different opportunities and choices of higher education within Nepal, so students are retained.” &nbsp;

America no longer prime destination for Nepali students

While Nepal was hosting the Sagarmatha Sambaad international climate conference in Kathmandu this month, on Mt Everest it was pretty much business as usual.&nbsp; The signs of climate breakdown are all there: a river now runs through Base Camp in summer, the Khumbu Icefall is more unstable, and there are more &nbsp;frequent avalanches. When expeditions arrived in March, the mountains were bare: it had not snowed since September, but then blizzards dumped unseasonal snow in May. And despite climate worries, such is the pull of Himalayan mountaineering that the Everest Industry showed no signs of slowdown. More than 600 international climbers and their Nepali guides had made it to the summit of the world’s highest mountain. At one point there were an estimated 2,000 people in the tent city on the Khumbu Glacier. All the ropes and ladders on the Icefall came down on Thursday, marking the official end of the spring climbing season, and just in time to avoid a monsoon cyclone approaching from the Bay of Bengal. It has been an action-packed season. One factor could be that Everest fees will go up from September: each foreign climber needs to pay a $15,000 royalty, up from the present $11,000. The cost for a Nepali climber on the South Col route will also go up: from Rs75,000 to Rs150,000.&nbsp; The fee to climb Everest in autumn is $7,500 (up from $5,500), but most climbers still prefer spring. Winter permit fee (December-February) is only $3,750 per person and the mountain is now also open for monsoon (June-August) climbs, when the fee is ever lower at $2,750. The revised rule also makes it mandatory for every two climbers on an 8,000m peak to hire one Nepali mountain guide.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046.jpg" data-media-id="editor_0" data-image-id="2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046" data-rendition-name="original" width="931" height="732" loading="lazy" alt="The Everest Industry graph 1"> </figure>  In addition, climbers also have to pay for porters and guides, equipment, Base Camp costs, Ice Fall and fixed rope team fees, so climbing Everest does not come cheap. But such is the draw of climbing the world’s highest peak that some say the increased fees will not diminish the crowds next year. The government has tried to spread expeditions out to other seasons and other 8,000ers, but with not much success. Earlier this year, Nepal unilaterally increased the number of 8,000m peaks to 14 by adding six more sub-summits to broaden the choice for climbers. Added were: Yalung Kang (8,505m), Yalung Kang West (8,077m) &nbsp;Kangchenjunga Central (8,473m), Kangchenjunga South (8,476m), Lhotse Middle (8,410m) and Lhotse Shar (8,400m).&nbsp; The announcement could go against the accepted topographic criteria that a stand alone peak has to be at least 300m higher than an adjoining prominence, and at more than 3km isolation from it. The UIAA (Union Internationale des Associations d'Alpinisme) still recognises only 14 mountains as eight-thousanders, and only eight of those are in Nepal, or on the border with China. Nepal’s revised mountaineering regulations also increased the insurance coverage of high-altitude workers to protect porters and high altitude guides who usually take more risks on the mountains. Rescue teams and clean-up campaigners to collect trash and remove bodies of dead climbers up to Camp IV of Mt Everest do not need permits.&nbsp; The Sagarmatha Pollution Control Committee is now using drones to fly down trash in 20kg sacks. Each climber is also required to bring down at least 6kg of waste and not just their own, but this rule is erratically enforced. With five fatalities on Everest and Lhotse, Spring 2025 had a historically low death toll. Another five climbers died on Annapurna, Kangchenjunga and Makalu.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a.jpg" data-media-id="editor_1" data-image-id="2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a" data-rendition-name="original" width="665" height="740" loading="lazy" alt="The Everest industry graph 2"> </figure>  Journalist Ben Ayers who ran the Everest Live social media channel from Everest Base Camp with daily updates credited the low death rate to dramatic rescues of climbers from the ‘Death Zone’ by their Nepali guides and longline helievacs — the visuals all uploaded on YouTube.&nbsp; “Ironically, this perception of safety is bringing more and more inexperienced climbers to the mountain, and they need more rescues,” Ayers said in one of his dispatches.&nbsp; American expedition chronicler and summiteer Alan Arnette suspects there is a lot of under-reporting given that the jet stream and storms were lashing Everest even till late in the season. He told us: “I heard a lot about frostbite and rescues that were not made public. It’s become practically impossible to cover the details on Everest. All the teams report nice news, and they don’t talk about bad stuff to avoid hurting businesses.” Although trash on Nepal’s mountains makes headlines, what does not receive as much attention is the climate impact of so many expeditions. The Sagarmatha Sambaad conference sidestepped this issue, which is ironic given that the impact of climate breakdown is most evident on Himalayan peaks and their glaciers.&nbsp; <h2>Need for Speed</h2> The big stories this year have been about speed-running from their home cities to the top of Everest. Ukrainian entrepreneur Andrew Ushakov flew out of JFK on 15 May at 10:15AM Nepal time, and was on the summit 3 days, 23 hours, and 7 minutes later on 19 May at 9:22AM.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885.jpg" data-media-id="editor_2" data-image-id="20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885" data-rendition-name="original" width="1440" height="1800" loading="lazy" alt="The Everest Industry"> <figcaption>Andrew Ushakov at the summt. Photo: ELITE EXPED</figcaption> </figure>  “I could never find the time for the traditional 40-50 days of acclimatisation,” Ushakov explained matter-of-factly. His ‘Everest Sea-to-Summit’ climb was possible because he spent 400 hours in hypoxic sleep tents over the past four years in New York. However, Ushakov did use ropes already fixed, hired four Nepali guides, helicoptered to Base Camp, and used much more oxygen than an average climber. And after the climb, Ushakov was arrested at Kathmandu airport for being in possession of $20,000 of undeclared cash and spent a night in jail and fined $60,000.&nbsp; The other speedsters were Garth Miller, Alastair Cairns, Anthony Stazicker, and Kev Godlington, all former British Army commandos. They left London and summited five days later on 21 May, and flew right back. They also used hypoxic tents to simulate the thin air high on Everest.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8.jpg" data-media-id="editor_3" data-image-id="20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8" data-rendition-name="original" width="810" height="668" loading="lazy" alt="The Everest Industry "> <figcaption>All four members of the Furtenbach team at the summit. Photo: Sandro Gromen-Hayes</figcaption> </figure>  But more controversial was their use of xenon gas therapy in a German hospital to ramp up the production of oxygen-carrying haemoglobins in their blood. Xenon is banned by the World Anti-Doping Agency for being performance enhancing in sports. Expedition leader Lukas Furtenbach said this rule does not apply to mountaineering, as it is not a regulated sport like swimming. Nepal has no rules about xenon, but the Department of Tourism said it was launching an ‘investigation’ to decide on future policy since it is difficult to ban xenon, but allow oxygen. The controversy has also divided the mountaineering community, with some climbers saying they just want to maximise their chances of survival. Spending less time on the mountain could make climbing safer by reducing avalanche risk. It would also mean less trash on the mountains, but it would reduce the income of Nepal’s expedition industry. It is also unclear how much of the success was due to xenon therapy and whether the ex-special forces were already in good physical shape.&nbsp; The need for speed hides the fact that climbing in the Himalaya is dangerous business, and climbers cannot sprint to the top just by huffing xenon. But ultra-fast climbs could be charged more, and the revenue generated can be used to establish state-of-the-art rescue operations, and increase pay and insurance for guides. Two other speed chasers this season were Swiss-Ecuadorian Karl Egloff and American Tyler Andrews, both on Everest without oxygen. Andrews choppered to Base Camp to catch a weather window, but turned back from 8,500m due to high winds. Heavy snow and wind also forced Egloff to descend from 7,000m. Slow and steady climbers like Anja Blacha from Germany did make it to the summit without oxygen, while Kami Rita Sherpa broke his own record with his 31st Everest summit as he led a 26-strong Indian Army group. There were 468 permits issued for foreign climbers from 48 expeditions to Everest this spring. Nepal’s other eight-thousanders together had only 17 expeditions. Nepal has more than 1,000 peaks above 6,000m, and has opened only 476 of them for climbing.&nbsp;

The Everest Industry

That winter day in January 1664 marked an exceptional event in the reign of King Pratap Malla of Kathmandu. It was 15 Paush 784 of the Nepal Sambat and for the first time, a historical event was being immortalised on canvas for generations to come.&nbsp; The occasion was the grand Tuladaan ceremony of the King’s youngest son Chakrabartendra Malla from his wife Anantapriya, an Indian princess from Cooch Behar in present-day Assam.&nbsp; During the ritual, the prince was weighed against gold, silver, pearls, and other precious stones, which were then offered to Goddess Taleju Bhavani, the guardian deity of the Malla dynasty.&nbsp; The 170 x120cm painting captures the time of King Pratap Malla in all its splendour and is more than a personal tribute to his son: it is a significant visual historical document. It was evidently completed five years later in 1669, and could be considered a photographic record, with retrospective recreation of the event by the unknown artist. A Tuladaan ceremony is performed to purify one’s karma, quell impending bad luck, or as an act of charity and devotion. Chakrabartendra Malla was not well, and the ritual was performed in hopes of restoring his health. King Pratap Malla had arranged for each of his sons to take turns ruling Kathmandu so they got administrative experience. But Chakrabartendra died just two days after assuming power in 1670 (790 NS). This painting is considered the earliest known example in which the composition is dominated by an architectural landscape: the Taleju Temple. Given the stylistic features such as side-profile facial depictions and the rendering of human forms, it is believed that the Nepali artist was trained by a Rajput master.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250615040624_ddad3bc27a327e3f9926c8473287e4f14b53081296c295049009f327a4d97051.jpg" data-media-id="editor_0" data-image-id="20250615040624_ddad3bc27a327e3f9926c8473287e4f14b53081296c295049009f327a4d97051" data-rendition-name="original" width="3248" height="4395" loading="lazy" alt="Tuladaan NT"> </figure>  During that era, there were regular exchanges of artists between Northern India and Kathmandu Valley. The painting is also a melding of Nepali, Tibetan, Mughal, and Rajput art styles of the time. Pratap Malla could have been inspired by a painting of Mughal Emperor Jahangir’s Tuladaan ceremony for his son Khurram in 1607. The Mallas and Mughals shared cordial relations, which is reflected in the cultural influences seen in the art and attire of the period.&nbsp; The clothing of the Malla ruling class, in particular, features colourful tunics, turbans, and jewelry that display strong Rajput and Mughal stylistic elements. The musicians in the upper tier are also dressed in Indian-style clothing, while the ensemble on the lower steps wear local attire, notably without turbans. Their hairstyles also differ, with the lower group wearing their hair tied in a bun at the front. This national treasure is currently in storage at the Collège de France in Paris, and has never been publicly displayed. Nepal’s art scholars like Gautam Vajracharya, Pratap Aditya Pal and Anne Vergati have written about this iconic paubha in the past, but the only detailed study is from the perspective of music history by researcher Richard Widdess who had access to high resolution copies of the original.&nbsp; Widdess from the Department of Music at the School of Oriental and African Studies (SOAS) in London describes the paubha as the most significant and richly detailed documentation of music in Nepali art. He identifies distinct musical ensembles on the terraces of the temple, and remarkably most of them are actively used today. One of them reflects the Mughal naqqārakhāna model — a loud outdoor ensemble typically composed of kettledrums, trumpets, and cymbals, traditionally performed from the gateway of the emperor’s palace to announce his entrances and exits. The depiction of such an ensemble in the tulādāna painting is likely the earliest known representation of a complete naqqārakhāna in Nepal — considered the forerunner of the panche baja, the traditional Nepali ensemble. On the stepped pyramid base of the temple are two groups of musicians playing local instruments: dhimey, bhushya, and dha. They are unmistakably Newar musicians, wearing short skirts and short-sleeved tops, with bare heads and legs—clearly distinguished as local performers.&nbsp; Higher still on the temple pyramid are musicians of apparently higher status, positioned close to the king, and his courtiers, possibly professional court musicians from India, well-versed in rāga and tāla. A dāphā group is also clearly depicted, identifiable by their characteristic instruments.&nbsp; Dāphā bhajan is likely the oldest surviving tradition of Newar devotional singing, and this paubha is the oldest visual record of it. Pratap Malla himself is believed to have composed songs that continue to be performed by dāphā groups throughout Kathmandu till today.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025061211064_d67636730cdc0ec778c02494817aca0b99654f2950d0fae4b95499a61faf7ef3.jpg" data-media-id="editor_1" data-image-id="2025061211064_d67636730cdc0ec778c02494817aca0b99654f2950d0fae4b95499a61faf7ef3" data-rendition-name="original" width="596" height="768" loading="lazy" alt="Priceless paubha in Paris NT"> </figure>  The artist’s thorough attention to musical detail may be attributed to King Pratap Malla’s own deep interest in music. His inscriptions on this painting and elsewhere proclaim his mastery of all branches of knowledge, including music. He is also known as the author of dance dramas and poems, penning his name as Kavindra (king of poets). Some noteworthy elements of new art techniques stand out: for example, the roof of the temple is filled with realistically rendered white doves, pigeons, and crows. This is a rare feature in paubha, where animals and birds are stylised, mythological forms. This remarkably talented unknown artist has managed to also render an orthographic projection: the front and side view of Nepal’s first architectural paubha. The Taleju Temple, with its staggering multi-tiered structure and numerous steps and platforms, is masterfully translated into layers within the painting. This represents a significant artistic achievement of the time, especially considering that dimensional perspectives had not started in deity-based paubha.&nbsp; The artist has also made a meticulous effort to capture architectural details such as the toran (ornamental arch) and temple struts with impressive precision. There are flickering lamps along the steps and some people carrying what appear to be oil pots.&nbsp; It is a full moon night and the dark sky is adorned with all the gods and goddesses, who are depicted as blessing the ceremony while seated on stylised thangka clouds. There is a lot happening in this painting, with people engaged in various activities. The artist has also rendered a forest backdrop behind the temple, complete with deer, trees, and flowers. Could there have once been a royal garden behind the Taleju Temple?&nbsp; More details and clarity can only be achieved if we are able to view the original or a high-resolution scanned version of the artwork. Many countries proudly display art depicting historical events in their national museums with great reverence. France, for example, has The Coronation of Emperor Napoleon and Empress Joséphine by Jacques-Louis David (1808–1822), along with numerous paintings of the Napoleonic Wars. Many were commissioned by Napoleon himself for future generations to remember.&nbsp; For Nepal, the equivalent is the Tuladaan paubha which is a visual record capturing a historic moment involving one of Kathmandu’s greatest kings, on the very day the event took place. Sadly, we await the day when this masterpiece is displayed, shared in high resolution for detailed study, or more rightfully — repatriated to its homeland, where it truly belongs. &nbsp; Shaguni Singh Sakya is the Director of the Museum of Nepali Arts (MoNA) at Kathmandu Guest House in Thamel. <h2>Gods homeward bound</h2> The Nepal Heritage Recovery Campaign and Nepal’s Department of Archaeology are convening the first international conference on the Recovery of Cultural Heritage from 16-18 June in Patan. The conference will address urgent issues of theft, illicit trafficking, the campaign to repatriate looted cultural artifacts, and explore how the return of sacred antiquities contributes to justice, healing, and reconciliation for communities and nations affected by cultural loss. American art crime professor Erin L Thompson and Saubhagya Pradhananga of the Department of Archaeology will deliver the keynote. Meanwhile, author and Nepali Times publisher Kunda Dixit will lead a conversation on Illicit Trafficking: Public Opinion and Role of Media with Erin Thompson, Amr Al Azm, associate professor of Middle East History and Anthropology at Shawnee State University in Ohio, as well as Bradley J Gordon, a lawyer based in Phnom Penh. There will be sessions looking at repatriation perspectives from Cambodia, India, Vietnam, China and Poland, international frameworks for repatriation, emerging digital technologies in the repatriation of cultural heritage, cultural property agreements, museums as well as trends in the art market, and heritage diplomacy and the role of media.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025061211068_59cfccfa8f5d73bfe8b4c5811a7f53abc09ea04e8cb7c638933d62e5283efdf6.jpg" data-media-id="editor_2" data-image-id="2025061211068_59cfccfa8f5d73bfe8b4c5811a7f53abc09ea04e8cb7c638933d62e5283efdf6" data-rendition-name="original" width="1080" height="1350" loading="lazy" alt="Heritage recovery NT"> </figure>  <h2> </h2> Some of the other highlights include James K. Reap, a professor in the Master of Historic Preservation Program at the University of Georgia who has a session on the US response to illicit trafficking. Art historian Lea Saint-Raymond is taking on “Gods at Auction: The Market for Himalayan Artefacts”, while lecturer of criminology at the University of Glasgow Emiline Smith is delving into transformative approaches to heritage ownership and repatriation. Helena Arose of Antiquities Coalition and Melina Antoniadis of NOSTOS Strategies that specialise on the return home of cultural heritage as well as Hao Liu of International Cultural Heritage Law at the School of Law at Shandong University are some of the others attending. The Nepal Heritage Recovery Campaign was set up in 2020 to develop a coordinated movement to reclaim Nepal’s stolen gods and goddesses, with an aim to ensure that recovered items are returned to their original shrines, niches or sanctums. Ahead of the conference opening organisers have arranged for a film screening of Loot &amp; Return: 4 Documentaries at YalaMaya Kendra in Patan Dhoka between 14-15 June. Following the conference is a multimedia exhibition titled Absent Gods: Nepal’s Lost Heritage from 31 July to 4 August at Patan Museum.

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