<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of Nepalese Journalists last week issued its Godavari Declaration demanding that the provisions be immediately rescinded.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

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Gagging the press in installments

<img width="1140" height="457" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110714118/636903e39c7e80680e037cedjpeg.jpg" alt=""/>Nepali journalists could face up to three years in prison if they publish information that is deemed to be “confidential” under the <a href="https://www.nepalitimes.com/here-now/strongman-rule/" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.nepalitimes.com/here-now/strongman-rule/&amp;source=gmail&amp;ust=1534600447559000&amp;usg=AFQjCNGWxMmKhx8j3vF7t9ukxILUUvlF1w">new criminal code</a>. Several of its articles relating to the protection of privacy pose a <a href="http://kathmandupost.ekantipur.com/news/2018-08-16/privacy-and-the-press.html" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://kathmandupost.ekantipur.com/news/2018-08-16/privacy-and-the-press.html&amp;source=gmail&amp;ust=1534600447559000&amp;usg=AFQjCNH08bpzmOGAQCAlcAwBIROeyRYGhQ">serious threat to journalistic practices</a>.Sections 293, 294 and 295 criminalise publishing private information, recording conversations or taking pictures without permission. Under article 306.2, showing “disrespect” towards someone either directly or through satire is also punishable by up to three years in prison.“We call on the Nepal authorities to immediately rewrite these provisions because, in their current form, they would seem to constitute an unacceptable censorship tool,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk.Read also: <a href="https://www.nepalitimes.com/banner/strongman-rule/" target="_blank" rel="noopener">Strongman rule</a>, Om Astha Rai“They must take account of the need to be able to gather news and information in the public interest. By leaving too much to the judge’s discretion, these articles could be used to criminalize all investigative journalism and criticism of public figures. If they are not amended quickly, Nepal is liable to fall sharply in the World Press Freedom Index.”The preamble of <a href="http://www.wipo.int/edocs/lexdocs/laws/en/np/np029en.pdf" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://www.wipo.int/edocs/lexdocs/laws/en/np/np029en.pdf&amp;source=gmail&amp;ust=1534600447559000&amp;usg=AFQjCNEiwge96a0fg7c-RYTj6SWBQ-2MUQ">Nepal’s 2015 constitution</a> proclaims full freedom of the press, while article 19 prohibits censorship. Journalists are nonetheless often subjected to pressure from various authorities, as when the head of the Supreme Court <a href="https://rsf.org/en/news/nepals-chief-justice-tries-gag-newspaper" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://rsf.org/en/news/nepals-chief-justice-tries-gag-newspaper&amp;source=gmail&amp;ust=1534600447559000&amp;usg=AFQjCNF-zLo0-vt7q6RENCBxY_pqBb_wmA">tried to prevent the publication of any reports criticizing him</a>. He was later removed.Nepal is ranked 106th out of 180 countries in <a href="https://rsf.org/en/ranking" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://rsf.org/en/ranking&amp;source=gmail&amp;ust=1534600447559000&amp;usg=AFQjCNEyHj8Ii7uCpCaW3mMuTZmZwDsGfw">RSF's 2018 World Press Freedom Index</a>, and could fall further if the current Code is implemented.

Amend Criminal Code: RSF

The RSP and its prime minister are being sworn in this week after gaining an unprecedented election victory. This is a welcome change for many Nepalis who see it as a remedy to decades of coalition instability.&nbsp; Yet Nepal’s political history suggests otherwise. No majority government has ever completed its full term. This reveals a deeper structural problem: weakly institutionalised parties dominated by personalities rather than ideas. 1951: Dissatisfaction with the oppressive Rana regime among the educated elite led to the creation of political parties like the Nepali Congress (NC), Praja Parishad (later merged into the Nepali Congress), Gorkha Parishad, and the Nepal Communist Party.&nbsp; They emerged secretly, mainly in India during the height of that country’s independence. They organised a successful armed uprising against the Rana rule.&nbsp; 1959: The NC won a two-thirds supermajority in the first general election. Within a year, King Mahendra staged a coup and established the partyless absolute monarchy called the Panchayat system.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260322130332_a416ab5703287898f0566dc6d2a6b95d797ce2f4ed55bffcfae2e8edc7737c5e.jpg" data-media-id="editor_0" data-image-id="20260322130332_a416ab5703287898f0566dc6d2a6b95d797ce2f4ed55bffcfae2e8edc7737c5e" data-rendition-name="original" width="675" height="849" loading="lazy" alt="Mahendra and BP"> </figure>  1991: After the People’s Movement, the ban on parties was lifted and Nepal became a constitutional monarchy. Elections were held under a new Constitution and the NC won 110 out of 205 seats, joining the United Leftist Front which functioned as a loose coalition.&nbsp; Prime Minister Girija Prasad Koirala’s first term ended with his resignation due to infighting, particularly with Ganesh Man Singh, who accused him of <a href="https://doi.org/10.2307/2645025" target="_blank">“emerging as a dictator, downgrading democratic norms and values, and even selling out national interests.”</a> Parliament was dissolved and the NC ended up losing the ensuing elections. 1994: Following the NC’s defeat, a <a href="https://doi.org/10.2307/2645025" target="_blank">hung parliament emerged</a> with the UML forming a minority government that lasted only nine months before collapsing after a no-confidence vote, allowing a NC-led coalition to return to power.&nbsp; 1999: Voters gave the NC a second chance and the party won 111 out of 205 seats. The party was divided between supporters of Koirala and Krishna Prasad Bhattarai, who became prime minister. &nbsp;The internal NC power struggle intensified and Koirala became prime minister again only to face bribery scandals, the Maoist insurgency, and the royal massacre.&nbsp; In 2001, under growing pressure from both the public and the party, <a href="https://www.nytimes.com/2001/07/20/world/nepal-premier-resigns-caught-in-chaos-after-royal-blood-bath.html" target="_blank">Koirala was forced to resign</a> to be replaced by Sher Bahadur Deuba. The party eventually split into Koirala’s NC and Deuba’s NC (Democratic). &nbsp;In this chaos, king Gyanendra dissolved the parliament and assumed executive powers.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260322130332_e107b95de5641044f72a13fd20f417d16b9a2d1ecbae3492126ee5fd4244bd84.jpg" data-media-id="editor_4" data-image-id="20260322130332_e107b95de5641044f72a13fd20f417d16b9a2d1ecbae3492126ee5fd4244bd84" data-rendition-name="original" width="1250" height="753" loading="lazy" alt="Deuba and Girija"> </figure>  2017: This was the first election under the federal constitution. The UML and Maoists created a surprise pre-electoral alliance, breaking the Maoist coalition with the NC. The left alliance won a massive victory with the UML winning 121 seats and the Maoists 53 seats. Prime Minister K P Oli fell out with Pushpa Kamal Dahal of the Maoists. The House was dissolved, with the UML itself breaking into factions. What followed was seven shaky coalition governments in eight years.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260322130352_8b09b374d7fcb811e0a652c7f60b30eea4b9052a19ed3d768ba8ca9aaeb4dec7.jpg" data-media-id="editor_5" data-image-id="20260322130352_8b09b374d7fcb811e0a652c7f60b30eea4b9052a19ed3d768ba8ca9aaeb4dec7" data-rendition-name="original" width="667" height="1000" loading="lazy" alt="Oli and Prachanda"> </figure>  2022: The RSP was formed only four months prior to elections, but managed to become the fourth-largest party. In this month’s &nbsp;election, the RSP won a commanding parliamentary majority by presenting itself to the electorate as different from the discredited old parties.&nbsp; The RSP leadership structure is largely personality-driven and opaque. Party leader Rabi Lamichhane joined the governing coalition with the Maoists and UML securing four ministerial positions. Lamichhane became Home Minister and Deputy Prime Minister, using his swing vote to be the kingmaker party in the coalition. Lamichhane was embroiled in various scandals which he blamed on political vendetta. There was internal dissent within the party and among supporters who felt the coalition betrayed RSP’s founding ideals.&nbsp; Lamichhane <a href="https://thediplomat.com/2023/02/key-ally-quits-government-in-nepal/" target="_blank">reportedly</a> bypassed the party’s internal mechanisms, unilaterally deciding to pull out of the government without broad consultation.&nbsp; The youth-led September protests gave the RSP an opportunity to represent GenZ aspirations, and its popularity was cemented after Balendra Shah joined the party as a prime ministerial candidate.&nbsp; With its dramatic election victory, there is a question whether the &nbsp;party can separate itself from its two leaders, and have internal democracy. Or will it just be a vessel for new political elites to continue staying in power?&nbsp; ‘BALEN PARTY’ The RSP has increasingly relied on the same tactics that the NC once used in its heyday. Backed by Balendra Shah’s meteoric rise to fame, the RSP is called ‘The Balen Party’. <a href="https://nepalitimes.com/opinion/cyberia/rsp-s-pr-list-is-not-good-pr" target="_blank">RSP’s PR list</a> includes celebrities, actors, singers, pageant winners, business personalities, and athletes to maximise visibility and public appeal. Many of these soon-to-be MPs have little to no experience working in government, or together as a team. Which is perhaps why they needed a two-day orientation last week. In today’s attention economy, political currency depends on visibility. This is why the RSP’s strategy to harness Shah’s popularity was necessary to secure victory, while Shah needed a political platform for the election.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260322130348_abd1522a1f4f8ad4a0861c3916d86bd9688deafc7c44081b976378405d2b8e39.jpg" data-media-id="editor_8" data-image-id="20260322130348_abd1522a1f4f8ad4a0861c3916d86bd9688deafc7c44081b976378405d2b8e39" data-rendition-name="original" width="900" height="900" loading="lazy" alt="Balen and Rabi"> </figure>  Political parties are essential for a democracy, but when they &nbsp;revolve around one dominant leader, internal institutions become weak, and decision-making becomes centralised in the leader rather than in party committees, rules, or ideological platforms.&nbsp; This is exactly what led to the downfall of the NC and the UML. Both over the years were ridden with inter- and intra-party strife and failed the electorate. RSP must take a lesson from this and unite to institutionalise beyond its two personalities. Or it will suffer the same fate as the legacy parties. Since its inception, RSP has espoused a populist and anti-establishment agenda. The ‘new’ RSP with the Balendra brand gained massive support by being a clear ‘other’.&nbsp; The RSP can fall into the same trap as the NC and the UML by defining itself by what it is not, rather than what it is for. Beyond the external enemies they oppose, these parties often struggle to articulate what they actually stand for.&nbsp; RSP positions itself as an alternative to established parties — a pragmatic, results-oriented political force rather than one driven by traditional ideologies. However,<a href="https://www.cambridge.org/core/books/abs/theorizing-in-comparative-politics/parties-and-ideology/8386083191B53EC86A239B8852D4A6A6" target="_blank"> ideology gives a party identity and direction.</a> Without ideological grounding, RSP risks becoming a hollow vessel for power-chasing politicians who oppose each other’s every move, a story that is all too familiar.&nbsp; RSP can no longer define itself as being anti-establishment. It is now the establishment.&nbsp; While RSP might look like Congress 2.0 to many who have seen Nepal’s democratic trajectory, RSP does differ from past majority parties in both positive and negative ways.&nbsp; Times have also changed. Nepal is no longer a monarchy, literacy rates are much higher, social media has made information more accessible, and Nepalis are less forgiving, as seen by the events that transpired on 8-9 September 2025.&nbsp; The RSP has fielded more qualified candidates, and they could steer the country in the right direction. Many are experts in their fields and have had years of experience prior to joining politics. Having experts from such different backgrounds is a huge asset.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260322130352_426011e8c377bffcef6fcb4371325b36fb940eb5a8ab66d3c76ff5cf6f1943c7.jpg" data-media-id="editor_10" data-image-id="20260322130352_426011e8c377bffcef6fcb4371325b36fb940eb5a8ab66d3c76ff5cf6f1943c7" data-rendition-name="original" width="1600" height="1066" loading="lazy" alt="RSP new MPs"> </figure>  Moreover, having MPs from various other parties/fields can also prevent a cult following of hardcore loyalists within the party.&nbsp; There are members loyal to certain RSP leaders in the party, but there are also those who will not hesitate to go against their leaders if need be. The RSP has little opposition in Parliament, so its own members may have to take on a check-and-balance role. Nepal is in a much better spot institutionally compared to what it was like back in the early days of its democracy. There is a Constitution, there is no active conflict, the monarchy is no longer an existential threat to democracy, and the local and provincial governmental bodies have had the time to settle.&nbsp; This means the RSP is in a better position to work without the basic institutional hurdles that previous governments faced, but it will not be able to hide behind institutional issues if it fails to deliver.&nbsp; In the past, majority parties could easily pin the blame on an authoritarian monarchy, a Maoist conflict, a lack of consensus during the constitution-building process, or a newly implemented federal system.&nbsp; Most of these were just excuses for incompetency. Governments were formed and fell based on self-serving negotiations, but they managed to keep the parties afloat, and the citizenry was willing to give them a second, third, or even fourth chance.&nbsp; The RSP will not have this privilege. Nepal has many problems, but its governmental bodies are better institutionalised than when the NC last had a majority. A challenge for RSP now would be fixing broken institutions, not building new ones. A recurring issue during Balendra Shah’s tenure as Kathmandu’s mayor were his <a href="https://kathmandupost.com/politics/2026/01/28/can-nepal-s-viral-mayor-run-the-country" target="_blank">disputes with the bureaucracy</a> that resulted in months of unpaid salary for KMC staff, a lack of collaboration between him and Deputy Mayor Sunita Dangol, and rarely any public appearances.&nbsp; The RSP is inheriting a bureaucracy tainted by deep-seated patronage networks. Sustaining a government requires institutional collaboration and a willingness to work together, not disruption and division.&nbsp; While Nepal has seen the rise of many populist figures in its democratic history, the RSP’s victory based on Balendra Shah’s fame is new. Populism is usually harmful for a democracy because it punishes dissent, turns criticism into betrayal, and fuels hyper-nationalism, authoritarianism, and polarisation. A trend of punishing criticism is already visible on online spaces. Without an effective parliamentary opposition, the responsibility for democratic accountability will fall on the media and civil society. If the trend of intolerance to criticism deepens, Nepal risks sliding toward a majoritarian politics where popularity replaces accountability. Time and again, the Nepali people have given opportunities to parties that promise change, only to face disappointment. Nepal’s political history shows that majority governments fail not because they lack seats, but because they lack institutions.&nbsp; The electoral earthquake Nepal just witnessed could bring sweeping reforms or drown the country’s fragile democracy. If RSP hopes to succeed where others failed, it must build a party that outlives its founders. Suvexa Pradhan Tuladhar is an Early Career Policy Research Fellow at the Nepal Institute for Policy Research (NIPoRe).

Will it be different this time in Nepal?

Sometimes, we need to take a step back to realise what a tectonic movement Nepali politics witnessed this month.
In a region and world ruled by elected authoritarians, Nepalis &nbsp;went to the ballot box freely to express a collective will for change.
These faces in this group photo of the RSP’s 180 freshly-minted MPs at the ballroom of the Royal Tulip Hotel on Wednesday is symbolic of what Nepal has come through.&nbsp;
The ship of state righted itself after the September Storm, installing an interim government that held an election within six months in which voters banished obsolete politicians and their parties into oblivion.
Nepalis, fed up with the inept kakistocracy of the past three decades, took the country into a post-ideological phase — replacing Marxists, Maoists and monarchists &nbsp;with a belief in a new governing culture that rewards delivery and accountability. And they have trusted the RSP to carry it through.
Nepal’s history has never been linear, it jerks ahead in lurches. The polity also tends to take one step forward and two steps back, so the public’s great expectations is tempered by a sense of cautious optimism and guarded pessimism.
This could be the great leap forward that Nepalis have waited for and deserve, but it could also be a Gramscian interregnum in which the old is dead and the new is not yet born. We will have to wait to see whether this transitional period will also see ‘morbid symptoms’.
As disruptor-in-chief, it was the Balendra Shah ‘wave’ or ‘craze’ that propelled the RSP to power. The former Kathmandu mayor needed a party platform, and the RSP’s tainted leader Rabi Lamichhane required a booster. Nepal's voters were looking for a saviour.
Personality-wise Shah and Lamichhane are poles apart: one is Type B and the other Type A. One is enigmatic, the other phlegmatic. But yin and yang do also tend to complement each other.&nbsp;
Kathmandu’s chattering class is already making self-fulfilling prophecies about the two falling out, and are fishing for hints that they already have. Shah’s absence from the RSP’s orientation this week was taken as a clue.&nbsp;
Closing the two-day tutorial on Wednesday, Lamichhane delivered a fiery 30-minute speech that laid out the RSP’s main agenda: to function differently from the old parties, serve the people, avoid middlemen, become true lawmakers without taking the law into their own hands.&nbsp;
“The old political parties contributed to history, we will build the future with a new political contract with citizens,” he said, trying to rise over past controversies and his abrasive rhetoric to sound statesmanlike.&nbsp;
GIVE AND TAKE
Lamichhane is said to be in touch with the reclusive Shah to announce a compact cabinet next week. Its composition will be an indication of how much give-and-take there was, and whether the criteria for selecting ministers is competence or loyalty.
Will RSP ministers behave like rulers or service providers? The new government will dive right into the economic fallout of the West Asia war with soaring fuel &nbsp;prices, inflation and uncertainty about remittance inflows.
On Thursday, Gagan Thapa resigned as NC chair, taking moral responsibility for the party’s election loss. The UML’s unrepentant K P Oli does not share the same sentiment about who is responsible for his own party’s historic downfall.&nbsp;
NCP chair Pushpa Kamal Dahal, who was luckier than his cross-party cohort, is now a comparative relic in a Parliament largely comprised of freshmen and sophomore lawmakers.
But the NC, UML and NCP still control provincial and most municipal governments. The old parties could try to make things difficult for the RSP at the centre, but it is also an opportunity for them to clean up their act ahead of local elections next year.&nbsp;
Another test for the RSP will be dealing with a heavily-politicised klepto-bureaucracy which has to frontend its policy decisions. &nbsp;

People’s power

Deadly floods two years ago along the southern fringes of Kathmandu Valley killed 200 people. Climate change was blamed, but the destruction was magnified by quarries and sand mining owned by local politicians and crony contractors. Disaster mitigation and environmental risk was not a priority for any of the political parties that ran and won Nepal’s election last week. Although the RSP has a supermajority, rural municipalities that grant mining contracts are still ruled by the established parties that supply aggregates and sand to feed &nbsp;Kathmandu’s construction boom. Here in Lele Valley, residents are worried about another monsoon season that will start in June and fear more floods bringing unmanaged gravel from quarries down the Nallu River.&nbsp; The house of Sanumaya Nagarkoti, 65, and ten neighbours were washed away by the flood on the night of 28 September 2024. She and her husband petitioned the ward and municipal council to remove the crushers but no one listened. The slopes above are scarred by landslides from two years ago, and the banks of the river are strewn with bounders the size of cars that were brought down. “We live in constant fear of landslides,” says Chakra Nagarkoti, “the heavy crusher machinery and tipper trucks also constantly shake the house.”&nbsp; Google Earth images show that 24.6 hectares of mountain flanks have been excavated since 2010, and despite the disaster no lessons have been learnt.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260319090348_bdce7f17500eadac0ce0814c32c2b4190d01325976fd4d29db9985148459c0bc.jpg" data-media-id="editor_0" data-image-id="20260319090348_bdce7f17500eadac0ce0814c32c2b4190d01325976fd4d29db9985148459c0bc" data-rendition-name="original" width="1500" height="907" loading="lazy" alt="Lele"> <figcaption>Photo: GOOGLE EARTH</figcaption> </figure>  The RSP might have got a near two-thirds majority in Parliament but decision-making at the community level is controlled by politicians in cahoots with contractors.&nbsp; Along the Mahadev Khola, the Department of Mines cancelled excavation permits for crushers citing flood and landslide risk. Yet there are still 21 contractors mining stones and sand.&nbsp; Nearby Godavari Municipality also instructed operators who had not renewed permits to close down. No action was taken. One of them is Vinayak Multipurpose which delivers aggregate and stones for United Cement. Local ward chair Milan Silwal, has a stake in Vinayak and locals accuse him of taking the side of industry.&nbsp; Another slope is being gouged out near Mahadev Khola, and comparing satellite imagery from 2010 shows that the scar on the mountain is now five times bigger.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260319090348_21a8f7f7f9d6cc784c35719da737b20283f934bbe16c9de971d91bf01012499a.jpg" data-media-id="editor_1" data-image-id="20260319090348_21a8f7f7f9d6cc784c35719da737b20283f934bbe16c9de971d91bf01012499a" data-rendition-name="original" width="1500" height="1125" loading="lazy" alt="Lele"> <figcaption>United Cement operating near Mahadev Khola. Photo: ARCHANA DARJI</figcaption> </figure>  Nearby stands the lone house of 55-year-old Sabina Tamang, who lives with her husband and daughter. Due to the sound of the stone-breakers, they cannot hear each other speak. “Last year, a landslide destroyed our cowshed and latrine,” she says. “Next it is going to be our home.”&nbsp; DRY SPRINGS Lele gets its water from several perennial springs which have gone dry in recent years. One of them is near where the cement factory quarries limestone. “We hardly get any water, and the little that does flow is murky and red,” says local resident Rajesh Shrestha. A parliamentary committee directive ordered excavation to stop 15 years ago after a similar flood to the one in 2024.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260319090352_af7da754299116578cc1dd91d5318ec337b69e74b0676599260b7c57c6ec6fd7.png" data-media-id="editor_2" data-image-id="20260319090352_af7da754299116578cc1dd91d5318ec337b69e74b0676599260b7c57c6ec6fd7" data-rendition-name="original" width="1440" height="494" loading="lazy" alt="Lele"> <figcaption>Lele over the years. Photo: GOOGLE EARTH</figcaption> </figure>  United Cement’s manager Hari Upreti says his company has fulfilled all requirements and has permission to mine 15 hectares of its own property and 4 hectares of government land. “We have the Department of Mines permit which is valid till 2036 and extract 1,600 tons of limestone every day,” says Upreti. “The local community knew about the mining and if there is a problem with springs going dry it is not because of us.” Environmental researcher Uttambabu Shrestha, however, says there is a direct correlation between the quarry operation and floods, landslides and dry springs.&nbsp; “Extraction should not be allowed without an environmental impact assessment, and companies must stick to set limits,” he says. Investigation of permits show that there is collusion between local officials and contractors. Godavari-6 Chair Bishnuman Maharjan has investment in two quarries and crusher companies operating along Nallu Khola. A paper trail links Maharjan also to Sagarmatha Stone Crusher and Mankamana Aggregate Industries. IMPUNITY&nbsp; Godavari Municipality published a notice in June 2024, instructing crusher companies to submit environmental reports within two weeks, covering initial examination and impact assessment. It also told them to pay local development fees and clear outstanding dues. The municipality even wrote to the Department of Mines clarifying that it had issued permits to only five out of 27 contractors. Within a month, the Department wrote to the District Administration Office (DAO) and District Police Office instructing them to stop illegal excavation, and sent a copy to the Lalitpur Division Forest Office. The DAO then wrote to Lalitpur Police naming Machindranath Multipurpose as operating illegally and should be shut down. There was no followup. The municipality then issued fines worth Rs 60 million to it and one other company for non-compliance. The companies stalled, disputing the calculations.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260319090356_6e96403d3c5be4aef4d030974d6d92029a0eb396deafd19c511978dae30dd3d2.jpg" data-media-id="editor_3" data-image-id="20260319090356_6e96403d3c5be4aef4d030974d6d92029a0eb396deafd19c511978dae30dd3d2" data-rendition-name="original" width="4000" height="2250" loading="lazy" alt="Lele"> <figcaption>Another site of extraction near Mahadev Khola in Godavari. </figcaption> </figure>  Machhindranath Multipurpose operator Kedar Timalsina Shashi denies doing anything wrong, and says the landslides were collateral damage because of the steep terrain. When contacted Godavari Municipality Deputy Mayor Muna Adhikari declined to comment. It has been 10 years since Rajesh Shrestha, Nikesh Shrestha, and others raised their voices against the environmental destruction caused by the construction mafia. An agreement was finally reached two years ago between locals and mining and transport businessmen, stipulating that stone mines must close permanently by mid-2025. The agreement also stated that check dams must be built to manage mining debris, and damaged structures must be restored to their original state. Trees were to be planted at sites where stone mines had operated. But the mines in the catchment are still in operation with 500 tipper trucks working on the site every day, transporting stones and aggregate. Local youth have continued holding sit-in street protests and at Lalitpur DAO.&nbsp; After one sit-in, the mines closed for about a month but they started back up a month later.&nbsp; Birendra Maharjan owns one of the crusher units, and says he follows all environmental protocols. He told us: “You need stones to build, and we must dig to extract stones. Some trees have to be cut, people get employment, and besides, floods and landslides happen across Nepal.” &nbsp;&nbsp; Centre for Investigative Journalism – Nepal.

Loot in Lele

This week, the RSP held a two-day closed orientation camp for its newly elected members of Parliament. The party has also decided to assign parliamentary and Cabinet roles to leaders only after the new MPs are sworn in on 28 March.&nbsp;
This means the new prime minister and his cabinet of 15 ministers are likely to be installed closer to the Nepali New Year, and the expectation is that it will also usher in a new era of governance and politics in Nepal.&nbsp;
Between now and then, there is much speculation regarding who will become new ministers and from which camp—Balendra Shah's or Rabi Lamichanne’s. Meanwhile, the final argument in the petition against the Rabi Lamichanne case revision is set for Thursday, with a verdict expected on the same day.
“In the past, parties did anything to form coalitions and to keep them from splitting ministries and appointing anyone they wanted to, even going against the spirit of the Constitution, but the RSP doesn’t need to partake in any such activities,” says political analyst Indra Adhikari.
Adhikari notes that governance failures in the past was often the result of coalition governments formed through political bargaining that meant the primary party often had to compromise on their agenda.&nbsp;
“But nothing is stopping the party from fulfilling its election manifesto,” she says. “And if they aren’t able to deliver, we know Nepalis are prone to protests, so another revolt is also a possibility.”
Journalist and author Mohan Mainali agrees that the everyday Parliamentary proceedings should go smoothly for new government because of their majority.&nbsp;
But there are questions as to what a near two-thirds majority allows the RSP to achieve in Parliament. Its 182 seats in the Lower House allows the party to enact and amend laws without hurdles and bypass Upper House’s request for Bill revisions. But the RSP has no presence in the National Assembly, and that means that its majority in the Lower House is not enough to amend the Constitution.&nbsp;
“The Constitution poses no obstacles for the RSP to work on improving governance, development and delivery,” says Mainali. &nbsp;“If they do show some performance, it will be easier for them to go into the next election and ask for a two-thirds majority to also amend the constitution,” he adds.
The last coalition government of the UML and Nepali Congress before the GenZ protests had been built upon a primary agreement to make amendments to the Constitution. So, depending on the nature of amendments, the RSP might find some support within the National Assembly at a time when some of the older parties, such as the Nepali Congress, have committed to supporting the new government as well as internal party reforms.
“What we need is a structural overhaul, from our laws and foreign policy to economy and security apparatus, and for this the RSP needs to champion collaboration and consultation for the sake of nation building,” says Indra Adhikari. “So it all comes down to the understanding and judgment of the RSP’s leadership. If they try to go at it alone, it will lead nowhere.”
To be sure, the provincial government could also clean up their act before the next local and provincial elections, which would help the older parties to regain some of their lost footing and rebuild trust.
As it stands, RSP lawmakers will also have to learn to work with each other. Mainali notes that the RSP not being bound by one clear ideology might lead to future problems, including the rumoured animosity between party president Rabi Lamichhane and prime minister-in-waiting Balendra Shah.
“Parties that came before the RSP had an ideology, whether they followed them or not, but the RSP is made of different kinds of people,” says Mainali. “If they are not motivated by a common goal of achieving something tangible in the next five years, it might be difficult for them to stay together.”
Adds Adhikari: “Balendra and Rabi don’t seem to be compatible. Rabi has already failed when it comes to the matters of governance, and Balendra won’t carry that burden. Additionally, there is a struggle between the two in terms of party hierarchy.”
Speaking at the closing of the two-day orientation, from which Balendra Shah was noticably absent, Rabi Lamichanne said that the RSP’s image as intolerant needs to be changed, and that the country is not heading towards totalitarianism but is in the hands of good, new people.
Regardless of the assurance, the general public has seen Balendra Shah and Lamichanne’s disposition in the last several years, and analysts are worried that their personalities and ambition might lead to an environment of increased intolerance.&nbsp;
As it stands in absence of a strong opposition, the responsibility falls on the media and the civil society to be the watchdog and play an effective check and balance role.&nbsp;
“Seeing how Balendra has ignored the media so far and Rabi has made inflammatory remarks in the past, they are probably more intolerant than the likes of Trump and Modi,” says Mainali. He notes that the party does not just have technical human resource and cyber army but a large number of dedicated supporters.&nbsp;
The media must thus continue to build trust by highlighting good work, educating the public on the importance of impartial journalism in democracy and debate any Bill purposed in Parliament, Mainali adds.&nbsp;
Says Adhikari: “The media should praise the government when they do well, motivate them, but it should also point out wrongdoings without fear, and provide recommendations to do better. Otherwise, absolute power corrupts absolutely, which we have seen happen happen in America with Trump and in India with Modi, where extremism has taken over and democracy has been curtailed.”

rsf

Gagging the press in installments

Amend Criminal Code: RSF

Will it be different this time in Nepal?

People’s power

Loot in Lele

Balancing act