A new draft counter-intelligence bill is raising fears that Big Government wants to constrict constitutionally-guaranteed <a href="https://nepalitimes.com/news/no-freedom-after-expression-y4inku06">freedom of expression</a> and individual privacy.
This comes even as the UML-NC coalition is trying to push through the<a href="https://nepalitimes.com/opinion/guest-editorial/command-and-control"> Media Council Bill </a>that would increase government interference in the media.
The counter-intelligence bill harks back to the Panchayat absolute <a href="https://nepalitimes.com/news/the-ghost-of-monarchy-returns-to-haunt-nepal">monarchy</a> days and also 2014-15 when a repressive anti-corruption agency listened in on citizens and tracked them.
The government says the National Intelligence Act is outdated because of advances in private messaging apps with end-to-end encryption, and needs to be regulated. But after the Prime Minister’s Office released a draft, it has sparked debate even before reaching Parliament.
Civil rights activists have particular objection to a provision in the Bill for ‘interception’ — allowing authorities to monitor, surveil, or record communications, audio, video, or electronic signals from suspected individuals or organisations.
Section 15 of the draft bill states: ‘…If it is not possible to collect information through other means, and if immediate collection of such information is necessary to prevent serious harm to the country, the Inspector General of Police, upon being convinced, may issue a written order to any officer under their direct supervision to monitor or surveil communications, audio, video, or electronic signals or data from any suspected individual, organisation, or institution, or to intercept and record such information.’
Such <a href="https://nepalitimes.com/editorial/in-a-surveillance-state">surveillance</a> is deemed necessary for ‘internal and external intelligence and investigative work and to protect and promote the country’s independence, sovereignty, territorial integrity, national security, national interest, unity, and autonomy’.
Experts say such a provision could be misused as has happened in the recent past when such unchecked authority falls into the wrong hands.
“It is not that such powers should not exist, but other safeguards are necessary which are missing in this draft,” argues constitutional expert Bipin Adhikari, adding that these should include safeguards against the blatant and arbitrary misuse of surveillance powers.
Read also: <a href="https://nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them">Spooking Nepalis by snooping on them</a>, Mukesh Pokhrel
During the investigation into the murder of Acting Supreme Court Justice Ran Bahadur Bam in 2012, the police collected call details from 500,000 mobile phones and 30,000 SMS messages. Many of the messages that were unrelated to the investigation were reportedly used by officers for entertainment, with sexual content being the most widely shared. This was exposed by an investigation in Kantipur with the headline एसएमएस अरूले हेर्लान् नि! (Others might see your SMS!).
In 2016, a motion for impeachment was filed in Parliament against Lokman Singh Karki, the vicious head of the Commission for the Investigation of Abuse of Authority (CIAA). Although he was appointed by the same politicians who wanted him out, one of the reasons for the move was Karki’s abuse of surveillance powers, including <a href="https://archive.nepalitimes.com/article/from-nepali-press/The-surveillance-state,3382">phone tapping and spying </a>on political leaders, security officials, judges, civil society leaders, journalists, and administrative officers. The phones of 293 individuals were later found to have been tapped.
 
‘NATIONAL INTEREST’
This is not the first attempt such legislation has been pushed, ostensibly in the ‘national interest’. In 2019, a bill consolidating and amending the law on Nepal Special Services included similar provisions, which passed the National Assembly despite opposition.&nbsp;
After committee deliberation, it was approved in May 2020 but became inactive in September 2022 when the term of the House of Representatives ended.
“Globally, provisions like this are used to protect sovereignty and independence, territorial integrity, and national unity. This is standard policy worldwide and is not unique to Nepal,” says Deviram Sharma, the former head of the National Investigation Department.
He adds, “I do not see a need to oppose a provision that has already been approved by an elected body.”
The current draft bill further states that the Inspector General of Police’s order would be sufficient to monitor, surveil, or intercept the communications of a suspect.
Taranath Dahal, former president of the Federation of Nepali Journalists, warns that arbitrary surveillance could <a href="https://nepalitimes.com/opinion/comment/nepal-must-reboot-human-rights-rule-of-law">violate fundamental rights</a> and create an atmosphere of fear.&nbsp;
“Investigators need data and information, but the right to intercept should only be exercised with court approval. Without this, it will lead to a climate of fear, anyone can be kept under surveillance.”
During the investigation of Justice Ran Bahadur Bam’s murder, concerns about the exposure of collected SMS data led lawyers Baburam Aryal, Tankaraj Aryal, Santosh Babu Sigdel and Taranath Dahal to file a writ petition in the Supreme Court in 2012 to restrict access to private phone and SMS records.
In 2016, the bench of then Chief Justice Kalyan Shrestha and Justice Devendra Gopal Shrestha ruled that access to phone and SMS records must be approved by the district court until a law governing the matter was in place.&nbsp;
The ruling stated: ‘Unless otherwise provided by law, permission for access to information necessary for criminal investigations must be obtained from the relevant district court.’
Constitutional expert Bipin Adhikari adds that the law should not infringe on constitutionally guaranteed <a href="https://nepalitimes.com/news/media-matters">freedom of speech, press</a>, or the right to privacy: “There must be a provision to obtain orders from an impartial authority to prevent the state from using such powers arbitrarily.”
All rights activists and lawyers interviewed for this report unanimously agreed that a citizen’s right should not be compromised in the name of facilitating a broader investigation, and that any information collected by any authority during these should not be misused.
Dahal is confident that the controversial provisions will be removed before the bill reaches Parliament, and sees this early discussion as a positive sign: “I hope none of the clauses that undermine our constitutionally guaranteed fundamental rights make it into the bill.”

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Security or espionage?

<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

Sha Bahadur Gurung was 30 years old when he was arrested for participating in a peaceful protest. He died aged 65 last week in Bhutan’s Chamgang Central Prison. He was among 31 prisoners of conscience in Bhutan, many of whom are serving long sentences for opposing the regime’s forcible expulsion of 100,000 of its Lhotsampa people in the early 1990s. ‘Mr Gurung died on 15 December in his prison cell under circumstances that raise serious concerns about custodial negligence and long-term abuse,” said a statement by the Global Campaign for the Release of Political Prisoners in Bhutan (GCRPPB) based in The Hague which demanded an external probe, justice and release of remaining political prisoners. Gurung was from Chirang and was arrested in 1990 while serving in the Royal Bhutan Army, and accused of having sympathies for the Lhotsampa people. He was mostly held at the notorious Rabuna Prison in Wangdi Phodrang District.&nbsp; Gurung’s relatives in the United States said he had endured prolonged physical and psychological abuse during his imprisonment, and repeatedly subjected to torture and inhumane treatment. They believe the decades of ill-treatment had damaged his health, ultimately leading to his death. Earlier this month, Gurung was transferred from Rabuna to Chamgang Central Prison. On 14 December. He had gone to bed after dinner without any visible sign of distress. He was found unconscious in his cell the next morning.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224151248_5fc8305ecd320d89b9e343c04a1a897dc1353353da55b6d277f5398034b265ea.jpg" data-media-id="editor_0" data-image-id="20251224151248_5fc8305ecd320d89b9e343c04a1a897dc1353353da55b6d277f5398034b265ea" data-rendition-name="original" width="902" height="1103" loading="lazy" alt="Sha Bahadur Gurung NT"> <figcaption>Sha Bahadur Gurung, who died at age 65 in prison in Bhutan after serving 30 years for expressing political opinion.</figcaption> </figure>  He was referred to a hospital in Thimphu, suggesting that he was still alive during transfer to a local health post. But it appears that he had already died before being taken from prison. Gurung’s death occurred two days before Bhutan’s National Day on 17 December, when families, supporters, and human rights advocates worldwide had hoped for the release of political prisoners through a royal amnesty. Instead, the death of one of the longest-serving political prisoners has caused grief and anger in the Bhutanese diaspora.&nbsp; “We strongly condemn the treatment and death of Gurung, a peaceful and justice-loving Bhutanese citizen,” the V statement said. ‘This tragedy raises serious questions about the treatment of political prisoners in Bhutan and stands in stark contrast to the country’s international image under the principles of Gross National Happiness, compassion, and mindfulness.’ Earlier this year, The <a href="https://www.ohchr.org/en/special-procedures/wg-arbitrary-detention/opinions-adopted-working-group-arbitrary-detention/opinions-adopted-working-group-arbitrary-detention-its-101st-session" target="_blank">United Nations Working Group on Arbitrary Detention</a> said the Bhutan government was detaining citizens without parole for <a href="https://nepalitimes.com/news/detainees-in-dire-straits-in-bhutan-s-prisons" target="_blank">expressing political opinion</a>. The New York-based Human Rights Watch (HRW) said in 2023 that there were least 37 <a href="https://www.hrw.org/news/2023/03/13/bhutan-free-long-term-political-prisoners" target="_blank">political prisoners</a> in Bhutan’s jails. Of them, 32 belong to the Nepali-speaking Lhotshampa community, which has faced <a href="https://www.hrw.org/news/2003/06/18/nepal-bhutanese-refugees-rendered-stateless" target="_blank">decades of discrimination and abuse</a> and eviction. Most of them were convicted because of prohibited political activity between 1990 and 2008. One political prisoner, <a href="https://nepalitimes.com/news/no-country-for-dissent?fbclid=IwAR07lpitMBWAYSkny_3d_smQBlmoxAOQm1OxdNtl-27h8mV0RNO9IxVY2qs" target="_blank">Madhukar Monger</a>, who was released in 2023 after serving 29 years described brutal conditions in <a href="https://www.hrw.org/asia/bhutan" target="_blank">Bhutan</a>'s jails. Political prisoners were not given enough food, and medical care, he said, urging the internaitoonal community to press for the release of prisoners of conscience.&nbsp; In March, <a href="https://www.hrw.org/about/people/meenakshi-ganguly" target="_blank">Meenakshi Ganguly</a>, Deputy Asia director at Human Rights Watch, urged Bhutan’s international partners to call on the Bhutan government to release all remaining political prisoners immediately.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224161216_9d11a78ed5490091c595341900e4c26f5c0dd0328718f6930ef19c1e9b7f95a6.jpg" data-media-id="editor_8" data-image-id="20251224161216_9d11a78ed5490091c595341900e4c26f5c0dd0328718f6930ef19c1e9b7f95a6" data-rendition-name="original" width="1000" height="1422" loading="lazy" alt="Bhutan political prisoners NT"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224161216_176855f3d3df42d24ac7e77372bbf49115695b732a6c094a66267e969111dfca.jpg" data-media-id="editor_9" data-image-id="20251224161216_176855f3d3df42d24ac7e77372bbf49115695b732a6c094a66267e969111dfca" data-rendition-name="original" width="1000" height="1420" loading="lazy" alt="Bhutan political prisoners NT"> </figure>  &nbsp;

Bhutan political prisoner dies in detention

‘Get out of my house.’ ‘All my sickness is because of you.’ ‘You’re a millstone around my neck.’ Arundhati Roy heard these admonitions from her mother over and over throughout her life.&nbsp; This must be a singular, yet universal experience. There must be very few daughters who make it through life unscathed by their mothers. And vice-versa.&nbsp; How many of our mothers look at us and see in us the potential of all of the lives they could have lived? How many resent us for it, or want us to live those lives in their stead? And how many of us look back at our mothers and imagine what they would have achieved had they not been expected and assigned to play the role of wife, daughter-in-law, mother — had we never existed in their lives? How many mothers project their experiences onto their own daughters and continue the cycle? No daughter seems to escape it — no matter how well-behaved, docile, unruly, or rebellious. Certainly not the child who would go on to become a Booker prize-winning author. Arundhati Roy’s memoir Mother Mary Comes To Me chronicles her complex relationship with her mother Mary, or Mrs Roy, as her educator mother had her two children refer to her. In December, Arundhati Roy was in Kathmandu to sign books and briefly interact with readers at two bookshops in the city. She describes a childhood overshadowed by her mother’s volatility towards her and her brother. Mary herself was raised by an abusive father to escape whom she married the first man who proposed — Arundhati’s father who in her mother’s words turned out to be an alcoholic ‘Nothing Man’.&nbsp; Mary left her husband in Assam and eventually wound up with her two children in her town of Aymanam in Kerala, encountering other family members along the way who did not treat her, or her children with respect. The trauma and cruelty her mother endured could not be contained in her body, and spilled out onto her two children, towards whom she was physically, verbally, and emotionally abusive.&nbsp; While she treated her children with disregard, she would build a school in the nearby town of Kottayam from the ground up, educate thousands of children, take up a legal fight that led to the Supreme Court granting Syrian Christian women in India equal inheritance rights, and uplift many orphaned children and women in Kerala.&nbsp; Arundhati lived with both her mother’s brutality and brilliance. And like her daughter, readers must reconcile the indefensible parts of Mary Roy’s personality — the cruelty of calling her nine-year-old daughter a bitch, or shooting the family dog that mated with a stray — with her unyielding drive to educate thousands, fight for equal rights, and challenge the way her world viewed women.&nbsp; Mrs Roy had little kindness for her own children, but plenty for the students, children, and women whose lives she shaped, and made better. And her kindness was not rooted in empathy, but in anger at the hand she had been dealt in life. Eventually, Arundhati decided to temporarily cut all contact with Mrs Roy — not because she did not love her, she writes, but so that she could continue to love her. Her desire to get away from her abusive mother, and her fascination with the ideas inspired by the architect who built her mother’s school, would lead her to the Delhi School of Architecture at age 16. In Delhi, Arundhati became roommates with Hisila Yami before she and her Maoist ideologue husband Baburam Bhattarai went underground to lead Nepal’s decade-long armed struggle. &nbsp; But architecture was not her calling. In Delhi, the heart of India’s statecraft, Arundhati came into young adulthood against a backdrop of the country’s changing socio-politics, which began to take a turn for the hyper-nationalist, Hindu supremacist community that it has now largely become. The winds of those changes have now blown into Nepal. In the city, far from her mother, Arundhati met the man who would become her partner of many years, collaborating with him on several films and screenplays before finding the language (‘I needed to hunt [language] down like prey,’ she writes) she needed to become the writer she is now.&nbsp; She went on to write her Booker prize-winning novel The God of Small Things, but the wealth and status the book brought her did not sit comfortably. So she smashed her newly-built gilded cage, as she describes it, and became more political. Contrary to norm, she published several works of non-fiction, and would only publish her second novel, The Ministry of Utmost Happiness, in 2017, 20 years after The God of Small Things. &nbsp;&nbsp; Her fierce opposition to India’s nuclear policies, to a dam that would displace millions of indigenous people and ecologically damage the Narmada Valley, her championing of Kashmiri self-determination, and her time spent with Maoist rebels in the forests of Chhattisgarh as they took up arms to defend their land and resources against corporate interests made her an enemy of the state.&nbsp; Meanwhile, being raised by a single mother had never sat well within her Syrian Christian community. ‘I wasn't Christian enough. I wasn't Hindu enough. I wasn't communist enough. I wasn't enough,’ Roy writes in her memoir. For all her love for India, the nation did not seem to reciprocate. The circumstances might be different, but it might strike a chord with readers in Nepal, many of whom marched on the streets in September hoping for a better tomorrow, but were gunned down by the very institutions meant to protect them. It might resonate with those who are not seen as citizens of this nation simply because they might not fit into an imagined idea of Nepali nationhood.&nbsp; Arundhati’s relationship with her mother, who was simultaneously proud and disdainful of her daughter’s accomplishments, continued to be tumultuous until the end of Mary Roy’s life.&nbsp; One of Mrs Roy’s last messages to her daughter before she passed was: ‘There is no one in the world whom I have loved more than you.’ Arundhati muses that her lifelong refusal to stop loving her mother must have finally breached her barriers. One wonders if that final declaration of love was solace enough, apology enough, for all the pain caused.&nbsp; But for Arundhati Roy, her love for her mother and her motherland outweighs the cruelty both have shown her. This, too, must be a singular, yet universal experience.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025122208128_32b171acb09df2184495367b74efd91fe2896b0f5ba75b276e1533276268761c.jpg" data-media-id="editor_0" data-image-id="2025122208128_32b171acb09df2184495367b74efd91fe2896b0f5ba75b276e1533276268761c" data-rendition-name="original" width="1136" height="702" loading="lazy" alt="Mother Mary Comes to Me review"> </figure>

The sins of our mothers

Nepal’s Gurkha soldiers have a well-deserved reputation worldwide for uncommon valour and loyalty. However, what happened in Hawaii in 1986 and the long struggle for fair pay and pension shows that the formidable fighters from Nepal also do not tolerate injustice. The Hong Kong-based 1st Battalion of the 7th Duke of Edinburgh’s Own Gurkha Rifles was in Hawaii for jungle warfare training exercises at the Joint Pacific Multinational Readiness Center when they beat up their commanding officer, Major Corin Pearce. &nbsp;&nbsp; The Gurkhas said Pearce had insulted them, and 111 soldiers were dismissed. Pearce suffered broken ribs and a head injury, and was himself also discharged. The incident got worldwide publicity and enforced the belief that the Nepalis were not treated fairly in the British Army. It also led some retired soldiers to begin a decades-long struggle for compensation at par with their British peers.&nbsp; Retired British Gurkha soldier Shankar Rai in his book Triumph and Tears revisits the Hawaii incident which he witnessed, and also his experience in the Falkland Islands/Malvinas war in 1982.&nbsp; He has lots of grievances: unequal treatment and injustice from the British Army towards himself and his comrades. This is an indignant and disillusioned account of the good, the bad and the ugly of being a British Gurkha, which he says let him down despite his service and belief in it.&nbsp; The book could also be a cautionary tale of how one person on a power-trip can tarnish two centuries of the shared history of Nepal and the UK, as well as ruin the lives of those involved. It also is proof that loyalty should never be taken for granted. Four years after defeating the Argentinians in the Falklands, several companies and platoons of Gurkha rifles were stationed in Hawaii in 1986 for joint US-UK ‘Exercise Union Pacific’ military exercises. The goal was to ‘perfect the art of marine warfare in collaboration with the US Marine Force’. The rules were that a British Gurkha company commander needed to have the rank of major and pass a Nepali language test. Captain Pearce was the son-in-law of a British Brigadier on extra-regiment employment, and this rule was waived. He was appointed Acting Major. Pearce didn’t bother to learn Nepali language or culture, and from Rai’s account took every chance to belittle and embarrass the Gurkhas as poor, stupid, rude, backward, and lucky to be there. He writes: ‘After Captain Pearce reached Hawaii, he began to project himself as a master and the Gurkhas as servants, to show off to the Americans.’ The author also recounts other slights, such as only receiving a fourth of the rations they were due during hard training, being forced to train even when some of the soldiers had high fever, and claims to have ‘civilised’ the Nepalis.&nbsp; Pearce had been to eastern Nepal before the training and seen the grinding poverty. He kept telling the Gurkhas how lucky they were to be in the job, and that they were making ‘more money than Nepal’s prime minister’. During the final farewell party in Hawaii, Pearce set up tables to form a saluting platform, and asked the Gurkha pipe and drum band to march around him while playing. The enraged soldiers could not take it anymore, and after the party an inebriated group ran Captains Pearce and Chandra Kumar Pradhan out of their tents and beat them up. Both officers broke ribs, and the major needed 15 stitches on his head. ‘This sorry and unseemly episode is considered to have been entirely at odds with the Brigade of Gurkhas’ tradition of loyalty and gallant service in the British Army. It is regarded as an isolated and untypical event, which will not be permitted to detract from the high esteem in which the Brigade is held,’ reads the report of an investigation. Most of the 1/7 company soldiers were dismissed whether they had been involved in the assault or not. The author describes the shame that followed, with dismissed soldiers returning to Nepal with lost face.&nbsp; ‘I burned with humiliation, and life scared me,’ writes the author, whose father told him that he was ashamed to call him his son. ‘Many of my friends’ girlfriends left them and married other people. Rifleman Khem Gurung (21162015) of Itahari committed suicide,’ writes Rai, adding that those dismissed were blacklisted, and could not get other jobs.&nbsp; They tried to pursue legal action against the British Government, but backed down when they could not afford expensive hotshot lawyers, and would not have the money to cover the British government’s legal fees in the likely case of a loss in court. Gurkhas who had served for four years in the UK were allowed to move there, an option that many of those dismissed in the Hawaii incident took, including the author, who now lives in Oxford. Rai pours out his hurt and emotion in the book. Towards the end, he writes: ‘I depend on small jobs for livelihood. In the remaining time, I actively raise the issue of the victims of the Hawaii incident. We are burdened with insults, hatred, and contempt for a lifetime. It was harsher than a court martial, too heavy to bear.’ The is a slim book, and is a quick, engaging read of an incident 30 years ago, and Rai writes with a soldier’s precision. Even though the anger shows even after all these years, there is no over-dramatisation in the narrative.&nbsp; The first part of the book is about sailing across the South Atlantic in the QEII, which had been converted into a troop ship to take the Gurkhas to war. The soldiers from landlocked Nepal were mostly sea-sick, but were happy to get two cans of beer a day. Barclays Bank even had a branch on board. Rai’s descriptions of the friendships he developed in the Company and on the battlefield are poignant. They braved Argentinian bombs, dug trenches and fought through the rain in the Southern Hemisphere winter. There are vignettes of sharing tea with fellow Nepalis, seeing comrades fall, and finding pictures of wives and children in the pockets of dead young Argentine soldiers. Behind the prestige, honour and myths of being a Gurkha soldier, it seems this is just another job with nepotism, horrible bosses and bad pay. But such is the desperation that up to 20,000 young Nepalis still apply for 300 openings in the British Army every year. &nbsp;&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251227041256_694a253e782c83b0bf89fc1b9840b0ade3f7beca2d0b01dbc4fcd3e63c207f50.jpg" data-media-id="editor_0" data-image-id="20251227041256_694a253e782c83b0bf89fc1b9840b0ade3f7beca2d0b01dbc4fcd3e63c207f50" data-rendition-name="original" width="1136" height="702" loading="lazy" alt="Triumph and tears book details NT"> </figure>

Not taking loyalty for granted

After a week of to-and-fro that culminated in all-night bargaining, two populist young figures in Nepali politics agreed at 4AM on Sunday to join forces ahead of elections in March. Rabi Lamichhane of the RSP, who came out of jail a week ago, has forged an alliance with Kathmandu mayor Balen Shah. Both are keen to ride on the GenZ wave that radically changed the direction of Nepal’s politics that has been dominated by three mainstream parties for the past three decades. Under the 7-point deal, Lamichhane will still head the RSP, while Shah has been promised prime ministership if the party wins a majority in the federal elections. Shah will also be the parliamentary party leader. The RSP will keep its name and election symbol. “Agreements must be made not on the basis of what leaders want, but on what the country needs,” Lamichhane wrote on social media announcing the alliance. The RSP chair is said to have put his own prime ministerial aspirations on hold to ensure the Kathmandu Mayor's support for the March polls. This is an alliance of convenience. Lamichhane requires the backing from Shah’s youth voters to face the legacy parties, while the mayor needs a political platform. Ultimately the prospect of leading not just Kathmandu but Nepal itself appears to have been the deciding factor for Balen Shah. The Kathmandu mayor is reportedly keen to contest the election from Jhapa against former prime minister K P Oli in his constituency.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251228041212_1b26fd7f14e418a9bdb827a7b733914c08183c36b4a93694fc1aefda9f45d85a.jpg" data-media-id="editor_0" data-image-id="20251228041212_1b26fd7f14e418a9bdb827a7b733914c08183c36b4a93694fc1aefda9f45d85a" data-rendition-name="original" width="900" height="900" loading="lazy" alt="Balen-Rabi alliance"> <figcaption>Photo: BALEN SHAH, RABI LAMICHHANE / FACEBOOK</figcaption> </figure>  The two have much in common. Lamichhane, a former tv anchor, returned from the United States and launched the RSP as an alternative party four months before elections in 2022. He served as Home Minister twice in Pushpa Kamal Dahal's coalition government before being jailed for defrauding cooperatives depositers. He made a jail break during the September protests, returned to prison voluntarily, and was released on bail last week. Balen Shah stood as an independent candidate for mayor of Kathmandu in local elections in 2022, and was catapulted to victory because of anti-incumbent protest votes among urban youth.&nbsp; Both campaigned on social media, pushing a populist anti-corruption agenda and against the governance failure of the three establishment parties — the same logic that drove the GenZ protests in September that escalated into violence and brought down the UML-NC coalition. Even as government buildings smouldered on 10 September, GenZ members were strongly urging Balen Shah to be the interim prime minister, but when he declined they voted on Discord for former chief justice Sushila Karki.&nbsp; With just over two months to go for elections on 5 March, Prime Minister Karki has been trying desperately to get the mainstream parties on board. She has met twice with the top leaders of the UML, NC and the NCP. All three parties have been dealing with internal power struggles, and the UML appears to be the most reluctant to face elections.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251228051212_d42944e014b278d6864270b74f924ac842d6f7a68d5bd6817148d120522ba60b.jpg" data-media-id="editor_1" data-image-id="20251228051212_d42944e014b278d6864270b74f924ac842d6f7a68d5bd6817148d120522ba60b" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="Sushila Karki with political leaders"> <figcaption>Prime Minister Sushila Karki has been meeting with leaders of the mainstream parties to get them on board for the election. Photo: PMO</figcaption> </figure>  The UML’s former prime minister K P Oli has refused summons by the Judicial Inquiry Commission charged with investigating the massacre of protesters on 8 September and the arson and vandalism the next day. Then home minister Ramesh Lekhak is scheduled to give his deposition to the Commission this week. The legacy parties appear to be taking the threat from the Rabi-Balen partnership strongly, and have been trying to forge an electoral alliance so they do not compete against each other.&nbsp; They are relying on traditional vote banks among the rural electorate, and calculate that alternative forces will cancel themselves out. They could also be hoping that Balen Shah’s erratic behaviour and Rabi Lamichhane’s prison conviction will put voters off. A total of 837,094 first-time voters have been registered in Nepal ahead of the elections.&nbsp; The Kathmandu mayor is an engineer and rap artist, and had till now been reclusive, preferring to post on social media rather than face the press. His late-night online posts have been impulsive: like the one urging that Singha Darbar be burnt down, or another one recently in which he used the f-word against the US, China, India and the mainstream parties. He later deleted both posts.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251228041212_a2f87881e36fb40b82bf77e1b07003aaf36b91e2a9eb5da096f1e562654c31e3.jpg" data-media-id="editor_2" data-image-id="20251228041212_a2f87881e36fb40b82bf77e1b07003aaf36b91e2a9eb5da096f1e562654c31e3" data-rendition-name="original" width="1112" height="1440" loading="lazy" alt="Balen Rabi agreement NT"> <figcaption>The seven-point agreement between Shah and Lamichhane. </figcaption> </figure>  Lamichane and Shah had also been negotiating with Energy Minister Kulman Ghising’s newly-forced Ujyalo Nepal Party, but the bargaining did not go well because Ghising refused to fight elections under the RSP banner. If the three had been successful in coming together, it would have been a formidable alliance. There are misgivings about the RSP-Balen Shah deal, even among some GenZ who see the two prominent men dividing up the power structure as just the kind of political culture they wanted to reform. Many are already predicting exactly the kind of clash of egos between the two alpha males that characterised Nepali politics since the restoration of democracy in 1990. In the coming days, as with most political change in Nepal, there will be much speculation about the geopolitics behind the Rabi-Balen deal. Balen Shah’s angry post against India-US-China as well as his past nationalistic pronouncements on Nepal’s territorial dispute with India over Kalapani will be recalled, while Beijing has misgivings about the antecedents of some GenZ figures. Dharan-mayor Harka Sampang, who has also formed his own political party, has already pronounced the Rabi-Balen deal as being “foreign backed”.

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