The most emblematic case from Nepal’s armed conflict is of <a href="https://www.nepalitimes.com/news/she-would-have-been-33-this-year" target="_blank">Maina Sunar</a>, but it quietly slipped away from the Supreme Court docket last week.&nbsp; On 23 May the presiding judges said they could not hear the case because of a conflict of interest. It has been three years since the Supreme Court has continuously adjourned <a href="https://archive.nepalitimes.com/news.php?id=15409" target="_blank">Maina Sunar</a>’s case hearings.&nbsp; Contrast this to <a href="https://www.nepalitimes.com/news/who-is-resham-chaudhary" target="_blank">Resham Chaudhary</a>, whose crime occurred 11 years after <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/02/17/remembering-maina/" target="_blank">Sunar</a> was killed in 2004. His case was processed by the District Court, High Court, Supreme Court and he was released from prison on a presidential pardon.&nbsp; Maina Sunar and Resham Chaudhary both involve criminal cases against a backdrop of political armed struggle, and involve the security forces. They raise similar legal questions such as: What degree of murder was committed? Who were the commanders that ordered them, what was their responsibility?&nbsp; &nbsp;Read Also: <a href="https://nepalitimes.com/news/who-is-resham-chaudhary">Who is Resham Chaudhary...</a>, Shristi Karki One marked difference in the cases is that in Maina Sunar’s case the <a href="http://archive.nepalitimes.com/blogs/thebrief/2013/02/16/still-waiting/" target="_blank">perpetrator was the Nepal Army</a>, whereas in Resham Chaudhary’s case members of the security forces were victims. The contrast of how these two cases moved through the courts exposes some bigger concerns in procedures followed and decisions made in criminal trials in Nepal.&nbsp; There has been a consistent stream of analysis that pins the delays in cases processing through the court system to human resource deficit. particularly the failure to appoint judges. This is only one part of the problem. &nbsp; Cases are listed for hearing by the court’s administrative staff. Each week all courts produce a list of cases that will appear before the judges called the ‘Weekly Cause List’.&nbsp; For example, the Supreme Court releases a list of around 200 cases to be presented before judges that week. The cases are listed in order of priority meaning that realistically only the first 90 cases have a chance of being heard that week. The rest are adjourned. These cases need not be listed in the next week’s cause list but rather are likely to be listed after at least a month.&nbsp; Court administrative staff, as opposed to judges, use their discretion to sequence cases on the weekly cause list. The Chief Justice and administrative heads of the courts supervise the weekly lists and can change the order of cases.&nbsp; Whilst there are laws providing guidance on how to prioritise cases on the list such as processing cases affecting women, children, prisoners and elderly quickly, it is largely discretionary. Decision making remains mostly opaque at all levels.&nbsp; Moreover, it is common understanding amongst lawyers that this lack of transparency in drawing up cause lists opens up room for undue political influence and corruption by administrative staff in either moving up cases or pushing them down the list. Cases can be essentially buried through this function of procedural decision making by administrators.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230603130652_2a8fb07731cbdd5da02da1cb329ea210e014973b09efd3c1e825147a26c179b2.jpg" data-media-id="editor_6" data-image-id="20230603130652_2a8fb07731cbdd5da02da1cb329ea210e014973b09efd3c1e825147a26c179b2" data-rendition-name="original" width="400" height="406" loading="lazy" alt="Maina Sunwar"> <figcaption>Maina Sunar, who was killed in detention at Nepal Army barracks in 2004.</figcaption> </figure>  Maina Sunar’s case has been in the courts since 2007. The military has challenged the legitimacy of civilian courts to hear this case after it conducted its own court martial. This petition has lingered at the Supreme Court which in turn has adjourned this hearing five times since 2019. The reason being that the case was listed too far down the order in the cause list.&nbsp; &nbsp;In contrast, Resham Chaudhary’s case was processed in about six years. The speed at which the two cases have moved through the courts raises questions about what legal and non-legal factors affected the court administrator’s decision-making in listing these cases.&nbsp; In Maina Sunar’s case decision, the Patan High Court and Kavre District Court established that <a href="https://archive.nepalitimes.com/news.php?id=941" target="_blank">military personnel Amit Pun and Sunil Adhikari under the command of Bobby Khatri</a> abducted, tortured, killed and disappeared 15 year old Maina inside the Panchkhal barracks.&nbsp; The judges acknowledge the torture that led to the death of Sunar is a violation of international human rights law deserving of a life sentence. However, in a remarkable display of sympathy towards the military, the judges state that a life sentence would be excessive for the perpetrators who were working under extraordinary pressures of the armed conflict.&nbsp; The life sentence was lowered to five years of imprisonment by both courts, the same punishment for the commanding officer Bobby Khatri and his subordinate officers. International human rights law is clear on its absolute prohibition against torture under all circumstance and stipulates the duty of the state to safeguard children during an armed conflict.&nbsp; A sentence mitigation, after citing Nepal’s obligation to follow these laws in the judgment, is a baffling leap in legal logic. No military personnel has yet served this sentence.&nbsp; High Courts in Nepal should be persuaded (as opposed to bound) by previous rulings in similar cases as a matter of legal principle. It is interesting that the political consideration that mitigated sentences for <a href="https://archive.nepalitimes.com/article/from-nepali-press/mother-fights-for-justice-Devi-Sunar,2837" target="_blank">military personnel in Maina Sunar’s case</a> are summarily dismissed in Resham Chaudhary’s case judgment.&nbsp; After all, the <a href="https://www.nepalitimes.com/here-now/tikapur-s-protracted-trauma" target="_blank">2015 killings in Tikapur</a>, for which Resham Chaudhary was handed a life sentence, is termed a political struggle (as opposed to a criminal act) by the Tharu community. The judges are within their rights to declare an incident a criminal act as opposed to a political act.&nbsp; However, judges either needed to examine legal parameters of political armed struggle vis-a-vis existing criteria under international laws such as whether the group has a structure, organisation or military command. Or, they needed to propose a set of legal criteria for political acts that fit the Nepali context which can be used for subsequent cases before the court. This legal engagement to separate a criminal act from a political act is significantly underdeveloped in Resham Chaudhary’s case judgment.&nbsp; The legal value of the Maina Sunar and Resham Chaudhary case was immense. They presented an opportunity for Nepal’s Supreme Court to deliberate and set legal standards on some pertinent legal questions relating to political movements that would assist future cases.&nbsp; These include questions like separating sporadic criminal uprisings from political violence, establishing the gravity of death by torture, defining the parameters of command responsibility in security forces and political groups amongst others.&nbsp; However as Maina Sunar’s case stalls and Resham Chaudhary’s presidential pardon potentially lifts the Supreme Court’s obligation to issue a full length decision, the engagement with legal elements of justice remain compromised.&nbsp; Aastha Dahal is a Kathmandu-based lawyer with a PhD in criminology from the University of Cambridge.

original

674x448

610x380

500x500

400x266

400x240

400x203

301x200

1250x600

1084x550

Comparing Maina Sunar and Resham Chaudhary cases

Background Nepal’s new Constitution had just been endorsed by the Constituent Assembly, but Madhesi <a href="https://www.nepalitimes.com/opinion/un-centralising-the-federal-structure">activists</a> were not happy and there was violence in Tarai cities. Following the promulgation of the Constitution in 2015, the Tharuhat Struggle Committee (TSC) rejected the seven-province federalism model that placed Kailali and Kanchanpur in Far-west Province, demanding greater autonomy for their indigenous group in a separate Tharuhat Province.&nbsp; However, the Akhanda Sudur Paschim movement that had been demanding a separate Far-western state had been celebrating the passing of the new Constitution, leading to a confrontation between the two organisations.&nbsp; On 24 August 2015, armed supporters of the TSC <a href="https://archive.nepalitimes.com/blogs/thebrief/2015/08/24/kailali-carnage/">confronted police in Tikapur</a> of Kailali district. Madhesi activists were reported to have instigated the indigenous Tharu community to join the Madhes Movement.&nbsp; Eight police officers were killed: lynched, knifed, or burnt alive. A two-year-old baby was also shot. Police filed charges in the Kailali District Court against 58 suspects, naming Resham Chaudhary, the district coordinator of the Tharuhat Struggle Committee, as the <a href="http://archive.nepalitimes.com/blogs/thebrief/2017/01/22/tikapur-finding/">mastermind behind the attacks</a>. Read also: <a href="https://www.nepalitimes.com/here-now/tikapur-s-protracted-trauma">Tikapur’s protracted trauma</a>, Tufan Neupane  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230529120548_0c6976eb2e6b43f40a0dfcc835c28d72cab53f804840bf9c0900b34a2b2ba19a.jpg" data-media-id="editor_4" data-image-id="20230529120548_0c6976eb2e6b43f40a0dfcc835c28d72cab53f804840bf9c0900b34a2b2ba19a" data-rendition-name="original" width="1600" height="1064" loading="lazy" alt="Resham Chaudhary"> <figcaption>Resham Chaudhary with wife Ranjita Shrestha, who is the Minister of Land Management and the chair of the Nagarik Unmukti Party.</figcaption> </figure>  What did the courts do? While still on the run, Resham Chaudhary ran for elections in 2017 as Rastriya Janata Party-Nepal (RJP-N) and was elected to Parliament from Kailali-1. &nbsp; As MP, he turned himself in to police in February 2018, but was convicted and sentenced to life imprisonment along with 11 others by the Kailali District Court and the High Court in 2019. On 17 May this year, the Supreme Court upheld the verdict of the two lower courts.&nbsp; Why was he released? On Nepal’s Republic Day on Monday, President Ram Chandra Paudel included Resham Chaudhary in his amnesty list on recommendation of the coalition government led by Prime Minister Pushpa Kamal Dahal.&nbsp; Article 276 of Nepal’s constitution stipulates that the President may, in accordance with the law, grant pardons, suspend, commute or remit any sentence passed by any Court, judicial or quasi-judicial body or administrative authority or body. From behind bars, Chaudhary last year got his wife Ranjita Shrestha to form the Nagarik Unmukti Party (NUP). Shrestha herself was elected to Parliament in the 2022 federal elections, and is Minister of Land Management, Cooperatives and Poverty Alleviation. But she had not participated in Cabinet meetings.&nbsp; Read also: <a href="https://www.nepalitimes.com/opinion/displacement-and-defiance/">Displacement and defiance</a>, Tom Robertson  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230529120548_eb2eee37cde4dc6626f7765be55322637668e28f6cdd1615da9d09ffac72f4b6.jpg" data-media-id="editor_6" data-image-id="20230529120548_eb2eee37cde4dc6626f7765be55322637668e28f6cdd1615da9d09ffac72f4b6" data-rendition-name="original" width="1600" height="1066" loading="lazy" alt="Resham Chaudhary"> </figure>  Although the NUP is a part of Prime Minister Dahal’s coalition government, it had made <a href="https://www.nepalitimes.com/banner/government-of-the-leaders-for-the-leaders-by-the-leaders">Chaudhary’s release a primary agenda</a>, threatening to pull out of the coalition if that demand was not fulfilled.&nbsp; The coalition was looking fragile after the exit of the independent RSP, the fourth largest party in Parliament with i21 members.&nbsp; Chaudhary’s pardon will now ensure the the NUP remains in the coalition for the time being. But this is bound to have a ripple effect on other smaller parties in the coalition to use similar bargaining tactics to gain political leverage. The Dahal-led coalition government was pushing for Chaudhary’s inclusion in the President’s Republic Day amnesty list which also includes 482 others serving prison terms. Besides Chaudhary, 19 prisoners were also pardoned. Read also: <a href="https://www.nepalitimes.com/review/atrocities-against-tharu-expressed-in-art/">Atrocities against Tharu expressed in art</a>, Sakina Abidi  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230529120548_572f971d19c8bd2edf1918dc64853f00ad7004673c83e694b54015770e133850.jpg" data-media-id="editor_9" data-image-id="20230529120548_572f971d19c8bd2edf1918dc64853f00ad7004673c83e694b54015770e133850" data-rendition-name="original" width="1600" height="1064" loading="lazy" alt="Resham Chaudhary NT"> </figure>  What is the fallout? The fallout of Resham Chaudhary’s release is sharply divided. Activists and members of the Tharu community, who have long demanded that the Tikapur protests be treated as a political movement and not criminal activity, have welcomed the government’s decision.&nbsp; Human rights activists and others say that his pardon undermines Nepal’s judiciary, encourages impunity and compounds the injustice to the victims and families of the 2015 killings.&nbsp; 'It is abundantly clear that the government, by disregarding the judgement of the court and infringing upon the judicial rights of victims, is institutionalising impunity, ignoring the spirit of the Constitution, and making a mockery out of the republic,’ read a statement put out by the Accountability Watch Committee (AWC). 'It is reprehensible that the government, which has a responsibility to protect the fundamental rights of the victims, has repeatedly sided with the perpetrator.' The opposition UML has been especially vocal, and has accused Dahal of pardoning a criminal solely to keep his shaky coalition intact.&nbsp; Resham Chaudhary’s release and the ongoing agitation in Kosi Province by activists who want Nepal’s easternmost province to be named after the Kirat ethnic group underscores the Constitution’s inability to address the <a href="http://archive.nepalitimes.com/article/nation/ground-zero-kailali-nepal,2535">grievances and demands</a> for representation by Nepal’s ethnic groups.&nbsp; Read also: <a href="https://www.nepalitimes.com/here-now/chitwan-s-bote-people-in-a-changing-world">Chitwan’s Bote people in a changing world</a>, Sravasti Ghosh Dastidar

Shristi Karki

Who is Resham Chaudhary …

Imagine a high-end fair trade tea brand from Nepal that has done everything right, with ethical sourcing practices and international certifications. It has built a loyal base of socially conscious, premium customers in an export market and focuses on quality over quantity. Then one day, a government in the export market introduces a new ‘listing criteria’ that requires exporting a certain amount of tea to at least three countries in the past five years. But this was never a numbers game, it was about a niche market of socially responsible tea lovers.&nbsp; Suddenly, fair trade tea companies are restricted from exporting tea to that country.&nbsp; Pretty unfair for the company, for consumers, for the tea sector. More importantly, for tea farmers and families benefiting from fair standards. The overseas labour industry is facing a similar risk as recruiters, including those that have adopted ethical standards, may soon be barred from finding workers for Malaysia.&nbsp; On 27 October, the Malaysian Ministry of Foreign Affairs sent letters to five countries including Nepal, Bangladesh, Burma, Pakistan and India to ‘rationalise the number of licensed private recruitment agencies permitted to facilitate recruitment and placement of workers to Malaysia’.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251030141040_050274dddc6cf10224b0ad9283eec7b3bc3c0acd650543a808a8ea473ecf40db.jpg" data-media-id="editor_0" data-image-id="20251030141040_050274dddc6cf10224b0ad9283eec7b3bc3c0acd650543a808a8ea473ecf40db" data-rendition-name="original" width="961" height="1135" loading="lazy" alt="Malaysia recruitment"> </figure>  The letter includes 10 criteria for private recruiting agencies including at least five years of operating experience, deployment of 3,000 workers in the past three years of operation, &nbsp;experience sending workers to at least three countries, a 10,000 sq m office maintained for three years, valid licenses and good conduct certificates, five employer testimonials, and operating their own training and accommodation centres. Two conditions stand out as potentially harmful to Nepal’s ethical recruitment movement. First, although the letter cites a minimum of 3,000 workers, it says three years in the heading and five in the body text. A big enough difference to affect a significant number of recruiters from making the cut, but problematic regardless.&nbsp; Second, the requirement to send workers to at least three countries disproportionately impacts responsible recruiters in Nepal and elsewhere. Turning the selection of workers into a numbers game is dehumanising. Responsible &nbsp;recruiters deprioritise volume, focus on quality of jobs even when business sustainability comes under threat as ethical opportunities that do not require workers to pay any feed and ensure greater transparency are difficult to come by. Sending workers is further impacted by a series of external shocks. For example, in the Malaysian context Nepal banned emigration to Malaysia for two years followed by the Covid pandemic, and then Malaysia’s decision to stop the intake of foreign workers for the last two years.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251030141040_b1b88b3ae2e94c6bc077529ac6f2a4e380a385ee9a22219edfed25067c9d25a1.jpg" data-media-id="editor_1" data-image-id="20251030141040_b1b88b3ae2e94c6bc077529ac6f2a4e380a385ee9a22219edfed25067c9d25a1" data-rendition-name="original" width="595" height="841" loading="lazy" alt="Malaysia recruitment"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251030141040_2cf252908d18aaf09c875002eef2d92ab45897a56b560addd2dc02311725c8a7.jpg" data-media-id="editor_2" data-image-id="20251030141040_2cf252908d18aaf09c875002eef2d92ab45897a56b560addd2dc02311725c8a7" data-rendition-name="original" width="590" height="238" loading="lazy" alt="Malaysia recruitment"> </figure>  Many ethical recruiters have focused on Malaysia because it is a more common labour market for responsible recruitment than other destinations like the Gulf. There is no credible justification to why responsible recruiters well regarded by scores of Malaysia-based multinational companies and with decades of experience should be ‘disqualified’ for not diversifying. Finding jobs for Nepalis in new markets is difficult given fierce competition, challenges &nbsp;identifying companies which follow the employer-pays principle, lack of networks and shortcomings in marketing strategies. These factors hit responsible recruiters harder because profit-motivated employers are often unwilling to cover the costs and fees associated with workers’ recruitment.&nbsp; “The volume of deployment does not determine a recruiter’s capability or the quality of services provided,” says Sujit Shrestha of the Nepal Association of Foreign Employment Agencies (NAFEA). Nepal recently scrapped the licensing renewal requirement that mandated sending at least 100 workers a year as it was impractical. The new Malaysian criteria is similar in nature, he added. The ball is now in Nepal’s court at a time when the interim government does not even have designated heads in the Foreign Ministry and the Ministry of Labour, Employment Employment and Social Security. When rumours about the Malaysian action started circulating, NAFEA had raised the issue, but was assured that this was not an attempt to set up a syndicate.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251030141044_83c8a174ef116603f747d1cd254c4d353e8b855a41fb99feec54e701f5fc4c3f.jpg" data-media-id="editor_3" data-image-id="20251030141044_83c8a174ef116603f747d1cd254c4d353e8b855a41fb99feec54e701f5fc4c3f" data-rendition-name="original" width="3456" height="5184" loading="lazy" alt="Malaysia recruitment"> </figure>  How will governments and recruiters in other origin countries now respond? There is precedence from Bangladesh. Dhaka-based journalist at the Daily Star, Porimol Palma who says, “Earlier, the Malaysian authorities had selected 101 Bangladeshi recruiters unilaterally, despite Bangladesh’s call for a syndicate-free recruitment mechanism.” Between 2022-2024, 450,000 Bangladeshis were recruited under this system with workers paying between $4,500 and $6,000, even though the legal limit was $750. Palma attributes part of the high fees workers had to pay were for commissions or bribes to recruitment syndicates. Adrian Pereira heads the North South Initiative in Malaysia says: “The criteria seems a bit fishy, as they do not appear to address the actual problems in the the recruitment of foreign workers. Some of the criteria seem to encourage a system of monopoly or syndicate rather than a rights-based approach. Every government has the right to set criteria for recruiters, but conventions and ILO (International Labour Organization) standards on recruitment exist. It looks like we’re back to square one.”&nbsp; Whether migrant origin countries including Bangladesh and Nepal accept the terms sent without reservations or push back in good faith remains to be seen. In an ideal world, a collective stance should put workers’ needs and welfare at the centre. How rational is the proposed ‘rationalising strategy’? What aspects of it are promising to curb recruitment abuse and what merits serious reconsideration?&nbsp; Even if the move from the Malaysian side is well-intentioned to address rampant malpractices migrant workers face, Nepal should deliberate on the conditions set, the collateral damage especially on the responsible actors and small but capable recruiters. Alternate options that might serve everyone better before rushing to respond with a chosen list by 15 November. If the proposal is accepted, how would it be done in a transparent and accountable way? It is noteworthy that Indonesia was not listed even though it has the most workers in Malaysia among the 16 countries that send migrants to Malaysia.&nbsp; The Responsible Business Alliance (RBA), the ILO, the International Organization for Migration (IOM), and certification programs like On the Level (OTL) also need to use their leverage to ensure that recruiters, including those they have trained or certified on ethical recruitment principles, are not penalised.&nbsp; This is more than just about protecting the ethical recruitment movement, but raising even more basic questions: Who can legally be a recruiter in Nepal? There are already obligations like hefty security deposit and minimum office requirements. But requirements to have building facilities with ‘accommodations’ or ‘testing centres’ are not among them. There are 1,150 plus players in Nepal’s recruitment sector, with a few hundred engaged in the Malaysian market. A unilateral selection criteria could risk foul play, or lead to unintended, unfavourable consequences. To be sure, overseas recruitment in Nepal is known for ‘settings’, corruption, dog-eat-dog competition, and collusion. The profiteering is out of control, often at the expense of workers. But the solution does not lie in stifling the industry with criteria like deployment volume, building worker accommodations or expanding office floors.&nbsp; The focus should instead be on enforcing rules and laws in both countries that govern the industry, and the Malaysian labour agreement that has not been renewed since October 2023.&nbsp; Meddling in the industry in ways that harms fair competition and ethical actors means workers suffer. The only issue that should be taking precedence is: how will Malaysia’s 10-point criteria and planned arrangement affect migrant workers? We have seen how for identical Malaysia-based jobs, one worker might pay zero while another pays up to Rs400,000, depending on the employer and recruiter. It is unclear if the 10-point selection criteria rewards the responsible employers and recruiters.&nbsp; As a longstanding host country for Nepali migrants, Malaysia deserves credit for nurturing the small but growing ethical recruitment industry here. Export-oriented companies in Malaysia need responsible recruitment partners and have mentored recruiters to strengthen their practices and move away from worker-paid models.&nbsp; The business case for ethical recruitment standards has led many recruiters in Nepal to pivot with many now in various stages of transition from traditional to hybrid or purely ethical practices. This progress needs to be acknowledged and built upon.&nbsp; Large, well-networked recruiters with large physical assets and high volume of workers seem to be the winners of Malaysia’s 10-point criteria after two years of waiting for the Malaysian market to reopen. Responsible recruiters endure long periods of minimal or no deployments that threatens their survival. The letter now sitting on the desk of the interim government in Nepal deepens the concern: rather than just failing to recognise or reward responsible recruiters, does the international recruitment market actually punish them? Upasana Khadka heads Migration Lab, a social enterprise aimed at making migration outcomes better for workers and their families. Labour Mobility is a regular column in Nepali Times.

Who gets to recruit for Malaysia?

With the holidays over and elections only four months away, Nepal’s interim government led by Prime Minister Sushila Karki is trying to get down to brass tacks. But it is not easy.
On Wednesday, Karki held the first three-way meeting between GenZ representatives, political parties and the government. Despite some acrimony, there was near unanimity about creating the environment for elections on 5 March. 
Only the UML is holding out, still not taking responsibility for the 8 September massacre, and calling for the reinstatement of Parliament. GenZ delegates poured their wrath on the unrepentant UML, but were themselves talking at cross purposes on the demand for a directly-elected executive. 
Karki was on the defensive, her exasperation spilling over: “How do we undo the damage done by corruption, exploitation, and discrimination over the last 35 years in a single month?” 
She is reported to have added, “There is a tendency to not allow this government to work, and then turn around to criticise it for not achieving anything. We are trying our best, and will fulfil our goal of elections no matter what.” 
The Wednesday meeting does seem to have turned the attention of old parties towards elections, and spurred the GenZ and others with political ambition to form parties.
With the deadline for party registration looming, several like-minded individuals and collectives are coalescing, or trying to. The Election Commission is already reviewing applications from more than a dozen new political parties. 
Kathmandu Mayor Balen Shah has held talks with RSP members, but his popularity on social media is not matched by public visibility and accessibility. Intriguingly, Shah and his supporters on social media have been publicly asking for the resignation of Home Minister Om Aryal for not arresting members of the UML-NC government for the 8 September killings. Aryal used to be Mayor Shah’s legal adviser.
Sudan Gurung of GenZ, ex-RSP Sumana Shrestha, and Energy Minister Kulman Ghising are all shopping for existing or new political parties to join. 
The RSP with its alternative anti-corruption agenda would be the logical choice, but there is a question mark over the role of its head Rabi Lamichhane, who is back in jail on charges of embezzlement.
LARGER CABINET
This week, Karki expanded her Cabinet for the third time by inducting Sudha Sharma Gautam as Minister for Health and activist Bablu Gupta as the Minister for Youth and Sports. 
Recommended by GenZ members, Gupta, 28, is the youngest Minister in Karki’s team. But, as has become the norm with this electoral government, two other controversial nominations fell through. Khagendra Sunar was dropped as Minister for Labour because of several ongoing criminal charges, including for assault and inflammatory speech. And Ganapati Lal Shrestha for Minister of Land Management declined at the last moment after he was not given the Tourism and Culture portfolio as preferred. 
Critics say there is a lack of due diligence on the part of Karki’s advisers in selecting candidates. Last month, Sangeeta Mishra who was nominated for Health Minister was dropped after it turned out that she was under investigation at the CIAA. However, Kulman Ghising also had complaints filed at the anti-corruption body, but was still given three portfolios. 
Then the nomination of Tashi Lhazom was withdrawn after an online controversy over her citizenship. There was also outrage on social media about Mishra and Lhazom being singled out for their ethnicity and gender.
Internal leaks making her choices prematurely public has made Karki’s team overcautious about Cabinet expansion. It is also distracting her from her main goal — to hold credible elections by striking a balance between the political parties and GenZ groups.
After a preliminary hearing on 16 writ petitions against the House dissolution and appointment of new government, the Supreme Court on Wednesday refused to issue an interim order.
“The formation of the government is unconstitutional, and a government formed unconstitutionally is not allowed to make any decisions, until the final hearing,” stated advocate Surendra Bhandari. 
The UML, still smarting from the September protests, is trying to put a spanner in the works of the election government. The GenZ, meanwhile, still do not have a consensus over fundamental demands prior to elections. Combined, these two factors portend a precarious future.

Future imperfect

Nepal’s cricket team first beat powerhouse West Indies in two out of three matches in September, the first time it won a match and then a series against a test-playing nation.&nbsp; Then the Rhinos played six qualifiers in Oman for the 2026 T20 World Cup which is being held in India and Sri Lanka from 7 February to 8 March next year. The national team qualified comfortably with two games to spare, and won all six matches anyway. In the three months before the World Cup, cricketers will play the second season of the Nepal Premier League from 17 November to 13 December.&nbsp; After a hugely successful first season, steady upgrades have been made. The flood-lit Tribhuvan University Cricket Ground has been fitted with 15,000 seats, even though this takes away from the festival-like atmosphere of fans on their feet on the grassy slope.&nbsp; Last season, matches began at noon and three in the afternoon. Late-evening matches in winter under flood lights will increase attendance and viewership.&nbsp; There is also now technology that will display how far a six was hit and how fast a ball was bowled. Foreign players who will play in the league include Chris Lynn, D’arcy Short, Ravi Bopara, and Sohail Tanvir, all good ex-international players that people have heard of.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251101031128_9db0830fb65d0743e3d36cc4b4473e61d750789028a130f5dff8a619307b0215.jpg" data-media-id="editor_0" data-image-id="20251101031128_9db0830fb65d0743e3d36cc4b4473e61d750789028a130f5dff8a619307b0215" data-rendition-name="original" width="1365" height="1803" loading="lazy" alt="Nepal cricket"> <figcaption>Aasif Sheikh drives through the covers on his way to 69 off 41 vs Samoa.</figcaption> </figure>  But the most important point of the Nepal Premier League will be to prepare and experiment for the World Cup, which starts less than two months after the NPL ends. Team Nepal will be extra eager to play well, given that the matches are happening in South Asia and Nepali fans can make the trip.&nbsp; Head coach Stuart Law will be watching each NPL match keenly, to gain more insight into how to best use his current starters.&nbsp; As each of the eight teams are only allowed a maximum of four foreign players in their starting eleven, Law and Nepali fans will also be scouting new talent who will be hungry to emerge and prove themselves to earn a place in the World Cup Squad.&nbsp; ALL-ROUNDERS One of the most unusual features of the current Nepali squad is how many all-rounders there are. Kushal Bhurtel, Rohit Paudel, Kushal Malla, Gulshan Jha, and Dipendra Singh Airee are all regular starters, and they all bat and bowl. Opener Aasif Sheikh is also the wicketkeeper.&nbsp; Airee, of course, is also an excellent fielder. In the first five games of the qualifiers, he got a record five runouts with direct hits, and was on a roll with a run in every single game. This depth means that almost always seven players bowl for Nepal, and the wealth of options keeps the opponent batting order guessing, but it may create hesitancy within the team in tough situations against stronger teams.&nbsp; Countries at the top level of the sport tend to have more specialists. Perhaps Stuart Law might want to tell Bhurtel to really focus on his batting, or Airee to hone his bowling, which seems to be their strengths. The team would be better off with them performing one aspect consistently well than being hit or miss with both. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251101031128_c30fdbab65736ea728f2f94fa121d2169e4d3627194ce1fe9de26eebdb3fc5b3.jpg" data-media-id="editor_1" data-image-id="20251101031128_c30fdbab65736ea728f2f94fa121d2169e4d3627194ce1fe9de26eebdb3fc5b3" data-rendition-name="original" width="957" height="1269" loading="lazy" alt="Nepal cricket"> <figcaption>Lalit Rajbhansi with tricky left arm spin, 3/13 vs Samoa.</figcaption> </figure>  POWERPLAYS The Nepali team likes batting first. It chased only against Japan, but they struggle to put up really competitive scores of say, above 170 unless two batsmen do really well.&nbsp; In the second match against the West Indies, Aasif Sheikh’s 68 and Sundeep Jora’s 63 set up Nepal at 173/6. Against Samoa, Aasif Sheikh had 69 and Airee had 53, before Lokesh Bam’s fierce 39 off 12 featuring 4 sixes set up 211/4.&nbsp; Besides these games, Nepal tends to score up to 150 batting first. To the experienced teams that Nepal will face at the world cup, this is not at all an intimidating score. One reason is that Nepal just cannot seem to get going in the first six powerplay overs, when there are limited fielders on the boundaries.&nbsp; A solution to this might be to promote Gulshan Jha up the order. Although Jha has also been an excellent batter in the end overs, using him at three or four might help set up a more productive powerplay and bigger scores. He should try it out with the Karnali Yaks.&nbsp; Despite all the controversy that comes with Sandip Lamichhane, and his strange decision to sit out the West Indies series minutes before the first match started, his output with the ball is undeniable.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251101031128_453d54ce627367c537d459c38d260d8aca1d56949c49c8023de582f3e72bb678.jpg" data-media-id="editor_2" data-image-id="20251101031128_453d54ce627367c537d459c38d260d8aca1d56949c49c8023de582f3e72bb678" data-rendition-name="original" width="1499" height="1000" loading="lazy" alt="Nepal cricket"> <figcaption>Nepalis turn out to support the team vs Samoa at Al Ameret Stadium in Oman.</figcaption> </figure>  He took wickets in each of the six qualifiers, most notably five vital ones in the match against Qatar that Nepal won by five runs. Lamichhane also gives away very few runs, which cuts some of the more part-time bowlers some slack.&nbsp; Airee is also economical, and his 3/22 was vital in the one-run win against the UAE. Together with Lamichhane the duo constricted the opposition in the middle overs. Veteran Sompal Kami has not been as productive with the ball, and gave away a lot of runs in the series against the West Indies.&nbsp; This is a weakness, because Kami does not contribute with the bat much. While his experience is valuable to ground the young Nepali team, Stuart Law should look out for fast bowlers during the NPL to help balance out quality spinners.&nbsp; One of the most impressive and professional parts of Nepal’s winning streak has been the attention to detail. The players have been generally excellent in the field, giving away very few runs due to wides or no balls. They had three run outs against the UAE and two against Qatar and Japan and in the first game against the West Indies.&nbsp; The fielders seem much calmer and focused when executing difficult catches, a welcome change from past complacency. This attention to detail makes the difference in narrow games and keeps morale high.&nbsp; The Nepali team has performed well, but besides the narrowly-beaten UAE, all the matches were against teams ranked lower in the world T20 rankings. And the series against the West Indies was against a weakened team. In the world cup, Nepal will be facing much stronger teams and will lack the element of surprise it had in the 2024 World Cup.&nbsp; If Nepal wants to keep improving, it now has to be able to dominate teams like Kuwait and Oman. It also should set up more series with associate nations like Scotland, Ireland, Namibia and The Netherlands. This will help accurately gauge the team’s progress and expose its weaknesses.

Nepal’s prospects at World Cup 2026

<a href="https://myrepublica.nagariknetwork.com/news/dhm-forecasts-above-average-rainfall-and-temperatures-for-2025-monsoon-28-10.html">This year, </a>Madhes Province received less rainfall than was forecast by the &nbsp;Department of Hydrology and Meteorology (DHM), reducing groundwater recharge of shallow aquifers which are the lifeline for domestic use and irrigation.&nbsp; The crisis was serious enough for the government to officially declare a drought emergency during the monsoon, with the province declared a '<a href="https://kathmandupost.com/national/2025/07/23/cabinet-declares-madhesh-province-a-disaster-crisis-zone?">disaster-hit zone</a>' in July.&nbsp; The monsoon scarcity hit farmers hardest, a majority of whom depend on rainfall for agriculture. Data from Dhanusa’s <a href="https://add.madhesh.gov.np/noticefiles/%E0%A4%A7%E0%A4%BE%E0%A4%A8-%E0%A4%B0%E0%A5%8B%E0%A4%AA%E0%A4%BE%E0%A4%87%E0%A4%95%E0%A5%8B-%E0%A4%B5%E0%A4%BF%E0%A4%B5%E0%A4%B0%E0%A4%A3-%E0%A5%A4-1752227917.pdf">Agriculture Development Directorate</a> shows that only 33% paddy plantation was completed by mid July, in comparison to <a href="https://kathmandupost.com/money/2024/07/31/fastest-transplantation-rate-sows-hope-for-bumper-paddy-harvest?">92% planting the same time last year</a>. Only 49% of agricultural land in Nepal is irrigated — farmers in the rest of the arable land rely on rainfall, private wells and groundwater extraction. During the dry seasons and droughts, water insufficient groundwater recharge worsens the water crisis.&nbsp; Nearly 88% of households depend on groundwater in Madhes Province which has about 100,780 shallow tube wells and 60,660 deep tube wells. But in recent times, the tube wells and hand pumps have dried up every year.&nbsp; This shortage disproportionately impacts low income families and small-scale farmers, who have no other alternative to irrigate their land. And because paddy accounts for up to 7% of Nepal’s economy, Madhes’ water crisis is not confined to within the province, but has serious implications on the national economy.&nbsp; Underground water Groundwater extraction for irrigation began in the <a href="https://jvs-nwp.org.np/wp-content/uploads/2018/09/Water-Nepal-A-historical-Perspective.pdf">1970s, </a>shallow and deep tube wells for irrigation were introduced with support from development partners. By the 2021 agriculture census, <a href="https://agricensusnepal.gov.np/upload_file/files/post/1731650149_1221316497_Agriculture%20Census%202021_District%20Summary%20Report_by%20Province.pdf">groundwater irrigated land had increased </a>to 41.7%, up from &nbsp;<a href="https://agricensusnepal.gov.np/upload_file/files/post/1694250757_1312300734_National%20Sample%20Census%20of%20Agriculture%202021_22%20(National%20Report).indd.pdf">29.8% in 2011.</a>&nbsp; A lack of strong policies and regulation to monitor unchecked extraction has meant that with the exception of some parts of Kathmandu Valley, domestic users, subsistence and commercial farmers, restaurants, hotels and industries across Nepal can draw any quantity of groundwater from desired depths and location. While the dependence on drilling for water has risen due to limited expansion of surface water infrastructure, there has been little attention to groundwater recharge. This competing use of groundwater threatens the fundamental right to drinking water.&nbsp; The ecologically sensitive Chure and Bhawar watershed play a crucial role in groundwater recharge. However, deforestation and indiscriminate riverbed mining has severely reduced its recharge potential over the years. In addition, widespread monoculture plantation of fast-growing non-native eucalyptus trees, replacing native sissoo and sal trees has compounded the crisis. Eucalyptus, a water intensive species indigenous to Australia, was introduced in the Bhawar region in 1978 for supplying wood. The Tarai’s recurring water crisis is not only climatic. Years of fragmented planning, inadequate budget allocation for groundwater management, as well as limited intra- and inter-government policies and coordination have contributed to the disaster just as much as droughts and floods caused by changing weather patterns. The United Nations said decades ago disasters are not natural, and they occur when we fail to prepare.&nbsp; Groundwater management is <a href="https://www.opmcm.gov.np/download/%e0%a4%86%e0%a4%af%e0%a5%8b%e0%a4%9c%e0%a4%a8%e0%a4%be-%e0%a4%b5%e0%a4%b0%e0%a5%8d%e0%a4%97%e0%a5%80%e0%a4%95%e0%a4%b0%e0%a4%a3%e0%a4%95%e0%a5%8b-%e0%a4%86%e0%a4%a7%e0%a4%be%e0%a4%b0-%e0%a4%a4/?wpdmdl=8990&amp;refresh=683b8df54ffef1748733429">the shared responsibility of federal, provincial and local</a> governments, but there is a lack of <a href="https://www.iwmi.org/blogs/stakeholders-in-nepal-work-together-to-enhance-collective-action-for-municipal-groundwater-management/">integrated planning, &nbsp;budgeting, data sharing</a>, and collective action for groundwater extraction and recharge.&nbsp; Sustainable groundwater use in the plains requires inclusive and equitable practices that combine water science-informed interventions with a long-term cross-disciplinary approach.&nbsp; Groundwater is mainly available either in shallow unconfined aquifers that are close to the surface and directly linked to rainfall and rivers, and deep confined aquifers between semi permeable or impermeable ground layers. Locating and mapping such aquifers would help us find what depth they lie at, how much water they hold, what we can do to recharge them and how much time recharging would take—enabling sustainable use of groundwater. Construction of surface water projects such as the Sun Kosi Marine Diversion Multipurpose Project, which serves a dual purpose of expanding irrigation and recharging groundwater, must be expedited.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251027071020_a9442084bc412998d3e7417cf0d057cae8a2b98f5e47ac1a8cc0630612ff2a55.jpg" data-media-id="editor_9" data-image-id="20251027071020_a9442084bc412998d3e7417cf0d057cae8a2b98f5e47ac1a8cc0630612ff2a55" data-rendition-name="original" width="1778" height="1000" loading="lazy" alt="Mitigating the Madhes water crisis NT"> <figcaption>Photo: ONION FILMS / IWMI</figcaption> </figure>  Such infrastructure have a conjunctive use recognised by the National Irrigation Master Plan 2019 and the National Irrigation Policy 2023, wherein farmers can rely on canals for irrigation during monsoon and groundwater during dry seasons.&nbsp; Nature-based solutions such as rainwater harvesting, managed aquifer recharge techniques, restoration of wetlands and retention ponds, and floodwater reservoirs, particularly in ecologically sensitive regions like the Chure Bhaban, should be explored. &nbsp; The management of green water — the water stored in soil and vegetation — is equally as critical as that of blue water (rivers, canals, and groundwater). Green water is lost through evapotranspiration, which contributes to nearly half of the rainfall on land. Deforestation, soil degradation, poor land use practices, and loss of wetlands contribute to the disruption of the evapotranspiration cycle, affecting rainfall patterns and groundwater recharge. Solutions Rising temperatures compound this situation by increasing evapotranspiration. Soil water conservation, vegetation cover, wetland restoration, and nature friendly land use practices must therefore be prioritised. Water-efficient technologies and practices including drip irrigation use of sprinklers, mulching, and soil fertility improvement should be scaled up.&nbsp; At the same time, we must promote irrigation techniques and technologies along with crop choices and cropping patterns that give more yield per drop of water so that food production and water conservation go hand in hand. &nbsp; The government provides subsidised electricity for irrigation starting at Rs2.3/unit, some local governments are even supplying power for free. While such subsidies support farmers and increase productivity, &nbsp;it also poses serious risk of over extraction of groundwater.&nbsp; Flat subsidies in electricity or solar irrigation must be replaced by targeted subsidies in order to balance domestic and agricultural needs with ecological conservation. The 2015 <a href="https://kvwsmb.gov.np/public/uploads/board_act_&amp;_rules/rule-1.pdf">directive for groundwater licensing</a> developed per the Drinking Water Management Board Act 2006 for Kathmandu valley prohibits groundwater extraction from shallow aquifers for commercial and industrial uses. The directive also has provisions for licensing, and renewals, and mandates for license holders to contribute to groundwater recharge. The Madhes needs similar context-specific policies to address its groundwater crisis and safeguard water rights. Shallow aquifers in the region should be prioritised for domestic use while <a href="https://link.springer.com/chapter/10.1007/978-981-10-3889-1_11">deep aquifers, which are still underutilised, should be tapped</a> in a sustainable manner for commercial, industrial and large scale irrigation and drinking water projects.&nbsp; While <a href="https://www.frontiersin.org/journals/human-dynamics/articles/10.3389/fhumd.2023.1181734/full">technical solutions</a> are important, they are not enough to solve Madhes’ water crisis. Nepal’s Constitution and the Local Governance Operation Act 2017 empower local governments for water management in their constituencies. But beyond the letter of the law, local units require community tailored groundwater policies, regular groundwater monitoring and up-to-date data, and investment in local recharge initiatives such as retention ponds, restoration of wetlands, and rainwater harvesting. Coordination between all three tiers of government is crucial, particularly among agencies that pertain to drinking water, water resources, irrigation, agriculture, land use, environment, climate change, and urban development. &nbsp; Heeding indigenous knowledge will be crucial to understanding the water crisis in Madhes and initiating solutions that will fit the context and needs of the region. Local engagement in groundwater monitoring can help to create self -aware, accountable, cost effective and participatory groundwater management practices.&nbsp; To ensure water security in Madhes, we thus need inclusive governance, coherent policies, active engagement of citizens, integration of local and indigenous knowledge and a principle of equity that puts people at the centre. &nbsp; Sumitra KC, a policy and governance researcher in natural resources management, is the National Researcher at the International Water Management Institute (IWMI), Nepal. Manohara Khadka, PhD, an expert in natural resources management, gender equality, and social inclusion, is the Country Representative of IWMI, Nepal.