<img width="640" height="269" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110121152/636ce60d9c7e80680e096746jpeg.jpg" alt=""/>The Supreme Court on Tuesday declared the Commission for the Investigation of Abuse of Authority's  (CIAA) use of <a href="https://www.nepalitimes.com/here-now/labour-recruiter-netted-in-sting-raid/">sting operations</a> unconstitutional, putting an end to two decades of scare-mongering fueled by personal agenda and impunity.Acting on a petition filed by Advocate Bishnu Prasad Ghimire, the Constitutional Bench of the SC led by Chief Justice Cholendra Shamsher Rana declared the provision for sting operations set out by CIAA Rule 30 (2002) as contrary to the spirit and essence of the Constitution. “The nature of the stipulated provision is found to be encouraging the investigating officer to act in an arbitrary way”, the brief judgment issued today stated. Decried by critics as a tool to further personal interests, Rule 30 gave CIAA operatives the power to procure and set up bribes for stings and exempted them from constitutional law which criminalises the giving of kickbacks.Opportunists then exploited this loophole, conspiring with operatives to set up bribes and implicate low-level employees they had disagreements with.Enforcement of Rule 30 was noticeably higher, and random, over the last few years. Of 206 cases of graft registered in the Special Court by the CIAA last fiscal year, 181 had sting operations, from which 99 involved kickbacks less than Rs 25,000.There were 277 arrests, among whom 69 ranked as non-gazetted officers or lower and 16 were office peons. It is clear that the CIAA is focused merely on the ‘easy work’ of luring low-ranked officers and making arbitrary arrests in an extralegal manner. As the CIAA goes around chasing after small-time offenders and innocents, corruption in the larger scale flourishes. Over the last three years, only four percent of cases registered by the CIAA concerned serious offences, including revenue embezzlement and illegal acquisition of property. “Despite the instructions of the parliamentary committee and the emergence of huge scandals such as Ncell and Wide Body, the CIAA has failed to conduct any meaningful investigation.” says former Chairman of the Special Court Gauri Bahadur Karki. “Sting operations are their way of fudging case numbers to inflate performance.”     <a href="https://www.nepalitimes.com/latest/ciaa-traps-small-fish-lets-big-ones-go/">A Centre for Investigative Journalism (CIJ) report</a> in July last year detailed instances where sting operations had led to arrests of low-level employees.For example, contractor Sujan Poudel filed a complaint at the CIAA against police deputy superintendent Shyam Kumar Rai, accusing him of soliciting a bribe. The CIAA decided to catch Rai red-handed in a sting operation. Poudel went to Rai’s office and surreptitiously planted Rs140,000 in cash in the police officer’s drawer. Immediately after, officials from the CIAA who were hiding outside barged into the office and arrested Rai.The media ran the news: ‘DSP Rai arrested with Rs140,000 bribe money’. The CIAA took Rai under custody and filed a corruption case at the Special Court. Rai later accused Poudel of framing him because he had taken action against the contractor for illegal sand mining and quarrying. “CIAA can file corruption case if someone is caught taking a bribe,” said constitutional expert Bhimarjun Acharya told CIJ then, “but a constitutionally empowered body’s involvement in using cash to trap someone is not really acceptable matter in any civilised society, and it goes against the rule of law.”Former police chief Hemanta Malla who has worked at the CIAA says the agency’s use of stings goes against the basic principle of ‘secret action’. He admits that sting operations can be used to expose serious crimes like match fixing, human trafficking and drug trafficking, but says the use of sting operations against petty crime is ‘overkill’.“The target of secret action should be to break organised crime networks, but the CIAA’s operation seems just focused on arresting junior-ranking officials. This should be stopped because the sting tool can be misused,” Malla added.

original

400x266

400x240

400x203

301x200

Sting operation ruled illegal

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110121148/636ce5af9c7e80680e096724jpeg.jpg" alt="" width="640" height="448"/><figcaption>DoFE sting team after a successful raid in Dhumbarahi. December 22, 2020.</figcaption></figure>The Nepal government transfers civil servants regularly, sometimes as routine rotation, but also because of unmet vested interests. The heads of the Department of Foreign Employment (DoFE),  which is the regulatory arm of the Labor Ministry, have recently seen short tenures. With its inter-governmental aspect, and the interests of migrant workers and private sector, overseas labour demands a steep learning curve. But once heads of the DoFe get a grasp of the issues they are transferred. Momentum is lost. Priorities change. Unfinished businesses remain unfinished. Relationships and trust need to be re-established. Progress is delayed. The Director General (DG) of DoFE, Kumar Dahal (pictured below) was recently transferred and spoke to Upasana Khadka at Nepali Times about his 14-month tenure, the <a href="https://www.nepalitimes.com/here-now/labour-recruiter-netted-in-sting-raid/">sting operations</a> of ‘manpower’ agencies last year that he helped organise which led to the suspension of the licenses of four recruiters found illegally interviewing and charging workers exorbitant fees for jobs in the Qatar Police. This suspension was quickly revoked by Labour Minister Gauri Shankar Chaudhary. Excerpts of interview:Nepali Times: Your transfer was a bit abrupt? Kumar Dahal: Look, rotation are part of the bureaucratic process, especially at the senior level. My 14-month tenure is actually considered quite long. The foreign employment sector has many stakeholders with varied interests, which don’t always align. Unwillingness to engage or cooperate in certain activities can make rotations more likely.Having said that, it would be better if people doing good work are allowed to continue for at least two years to achieve tangible results. Change is not easy in a sector where malpractice like overcharging workers or buying visas are entrenched.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110121148/636ce5b39c7e80680e096725jpeg.jpg" alt="" width="640" height="639">Earlier they were isolated events, but soon they became habit and now, they have become a<a href="https://www.nepalitimes.com/opinion/why-has-zero-cost-migration-not-happened/" target="_blank" rel="noopener noreferrer"> part of the culture</a>. Our regulatory oversight has been insufficient and the situation has deteriorated over the decades. Even migrants are convinced that paying hefty fees and high interest rates are part of the recruitment culture and they comply, often questioning it only when it is too late. The players are able to make easy money without much effort, time or investment, exploiting the desperation of our youth. Changing this will take time. It depends on bold, visionary leadership, which is lacking.As a regulatory agency DoFe has to adopt restrictive policies, but you don’t want to deprive migrants of lucrative overseas opportunities. How do you balance the two?The category of migrants we are dealing with need help navigating the system. They are vulnerable to cheating, so regulations are needed. We first need to accept that most <a href="https://www.nepalitimes.com/banner/kleptocrats-of-kathmandu-and-kualalampur/" target="_blank" rel="noopener noreferrer">problems faced by migrants begin in Nepal</a> and sometimes, even problems abroad are byproducts of activities here. Every time we received a tip-off from migrants regarding possible malpractice, there has always been something illegal going on which made our sting operations successful. Recruiters have to abide by business ethics, but they often don’t, which makes regulation necessary. Ideally, they should be responsible for workers they send abroad, but that often does not happen.The private sector is driving this industry, and our role as regulators would be hands-off and minimal if their work was transparent. But it isn’t. Just a few days ago, our inspection of 45 pre-departure orientation training providers showed that 30 were giving out certificates without training. Then there are other types of problematic migration: via individuals, education consultancies or traffickers, or on wrong visas, such as visit visas.We in government also need to be responsible, which isn’t the case always, either. The question for both the government and the recruiters should be whether the migrant worker is satisfied with the services and protection being afforded. Currently, I am afraid they are not.We can do better with facilitation support. For starters, we can simplify the approval process of job demands in destination countries and explore opportunities in markets like Europe where there is a potential demand for Nepalis. A foreign employment business fund has been set up for welfare tasks, funded by interest from the Rs20 million escrow deposit of each manpower company parked at commercial banks. A guideline is being drawn up jointly by recruiters and the government.What are some of the lessons from the pandemic?First, we need to be more proactive in our decision-making. Even in instances when the governments or employers offered to send migrants desperate to get home at their own expense last year, we did not allow it due to blanket rules about flights.Second, our embassies need to be strengthened significantly to handle grievances better. The staff size at embassies is not proportionate to the numbers of Nepali workers there.Third, our governance system isn’t prepared to handle undocumented workers. The documentation status of migrants does not determine incoming remittances, so we should support all stranded migrants during a crisis.Fourth, recruiters should have been involved more during repatriation.On the bright side, the pandemic forced us to expedite technology adoption. Migrants can now renew labour approvals from anywhere in the world, and we have also started recording data on returnees.Read Also<a href="https://www.nepalitimes.com/here-now/nepali-workers-overseas-toil-through-the-pandemic/" target="_blank" rel="noopener noreferrer">Nepali workers overseas toil through the pandemic</a>, Upasana Khadka<a href="https://www.nepalitimes.com/here-now/nepali-workers-overseas-toil-through-the-pandemic/" target="_blank" rel="noopener noreferrer">Crossborder virus and Nepali migrant workers</a>, Upasana KhadkaWhat was your experience at DoFE with the free-visa-free-ticket policy?<a href="https://www.nepalitimes.com/opinion/zero-sum-game-in-zero-cost-migration/" target="_blank" rel="noopener noreferrer">Free-visa-free-ticket</a> is a populist policy implemented without considering the migration ecosystem. It isn’t being implemented and we don’t have the capacity to do so in today’s context. This has also larger implications like the government losing a high amount of tax revenue and workers not having the receipt of actual payment made.Revising the cap on services from Rs 10,000 to first month’s salary as demanded by recruiters is reasonable in cases where employers are not providing service fees--provided the penalty for overcharging workers is increased. This reform will also be meaningless if diplomatic efforts are not ramped up to get governments of destination countries and employers on board. I have heard anecdotes of Nepali recruiters paying Rs250,000 to bag jobs that pay only Rs50,000. Our recruiters do not have direct access to employers but operate through agents abroad. Most employers or foreign agents are also not ethical, so the costs trickle down to workers.We have not been able to get into the crux of the issue and some policies are merely populist. Sting operations are insufficient. The number of recruiting agencies in Nepal at 853 is too high. Incentives to facilitate mergers or regulations to drive out the bad apples are needed so that monitoring is easier. For that we need a strong governance system and bold leadership free of manipulation, political interference and corruption.And the ban on overseas household workers?The domestic work sector is problematic, especially in West Asia. Those in Japan, Cyprus and Turkey are not facing such systemic problems. It is not just Nepal that implements the ban which signals that there are problems in this sector. I get desperate calls from domestic workers in transit in Sri Lanka, Oman, Jordan and Saudi Arabia pleading for rescue support. I am not in favor of <a href="https://www.nepalitimes.com/latest/lift-the-ban-on-female-domestic-workers/" target="_blank" rel="noopener noreferrer">lifting the ban</a> completely but to have approaches specific for each country, especially domestic worker-specific bilateral labour agreements with countries that also have in place strong domestic worker specific regulations. A key criteria is that embassies and families should be able to reach domestic workers when necessary.What are three of your priorities that you hope your successor will continue?The way to minimise corruption is via faceless service so recruiters and bureaucrats do not have to meet in person. We are almost there with the current online system. The remaining kinks need to be immediately ironed out so everything can be done digitally. Eventually, we also need to go to a one-door system, so migrants don’t have to go to different offices for migration-related services.There is a high demand for workers in Europe but we don’t have active diplomatic presence in many European countries and demand attestation, market exploration, worker protection etc become a problem. Otherwise we either lose opportunities, or migrants take circuitous routes with high recruitment costs.Finally, we lack understanding on the skills profile of our youth or a systematic way to monitor labour opportunities abroad. What skills or training do they have, what is needed abroad?Overall, we have a robust foreign employment management architecture with <a href="https://www.nepalitimes.com/opinion/a-few-good-agents/" target="_blank" rel="noopener noreferrer">dedicated agencies</a> and <a href="https://www.nepalitimes.com/latest/nepal-plans-to-reintegrate-returning-workers/" target="_blank" rel="noopener noreferrer">policies</a> which is something to be optimistic about. Our singular focus should be on its implementation.Read Also:<a href="https://www.nepalitimes.com/editorial/commercially-important-people/" target="_blank" rel="noopener noreferrer">Commercially important people</a>, Editorial

Upasana Khadka

674x448

610x380

500x500

1250x600

1084x550

Why are labour officials transferred frequently?

<figure><img width="1116" height="656" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110912118/636b8ada9c7e80680e06b265jpeg.jpg" alt=""/><figcaption>Businessman Sulav Agarwal and the diplomatic car he used to make delivery of black market infra-red thermometers.</figcaption></figure>The Ministry of Foreign Affairs has withdrawn certain facilities granted to honorary consuls of countries without embassies in Nepal after one of them was caught in a police sting operation on Tuesday trying to sell infra-red thermometers in the black market.The decision was taken by a meeting headed by Foreign Minister Pradeep Gyawali in Kathmandu. There are honorary consuls from over 45 countries in Kathmandu at present, and many of them are Nepali nationals.‘The privilege of using blue plate and the flag in official vehicle of the Honorary Consuls has been suspended with immediate effect until further notice,’ a statement from the Ministry said.The honorary consul of Kyrgyzstan Sulav Agarwal was caught as he was making personal delivery of 67 thermal gun infra-red thermometers to police posing as buyers. In phone negotiations, Agarwal had agreed to sell the devices used to measure body temperature for coronavirus for Rs 15,000 – three times more than the retail price.Agarwal is owner of the Shanker Group that has interests in cement, construction and textiles. He had ordered 20,000 thermal guns from China after the COVID-19 pandemic, and had brought some of them to Kathmandu last week on a special Nepal Airlines flight from Guangzhou. <figure><img width="640" height="864" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110912118/636b8adc9c7e80680e06b266jpeg.jpg" alt=""><figcaption>One of the 67 thermal guns confiscated from Agarwal.</figcaption></figure>Agarwal has been remanded in custody for a week at the Police Station in Darbar Marg pending investigation, and will face up to five years in jail if found guilty. Agarwal has repeatedly told the police he bought the devices in the local market. <figure><img width="1102" height="712" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110912118/636b8ade9c7e80680e06b267jpeg.jpg" alt=""><figcaption>Sulav Agarwal’s honorary consul ID card.</figcaption></figure>Police was acting on a tip-off and called Agarwal on his phone posing as buyers. Agarwal arrived in Naxal to make delivery of the 67 devices driving his Mitsubishi SUV with blue Kyrgyz diplomatic plates.

Not so honorary consul

One smoggy winter morning in February 2019, Ekta regretted coming to her sculpture class. It was the first day of her period, and the 19-year-old wished she was home, curled up in bed with a hot water bag to soothe her cramps.
Her class was at Kalapremi Ceramic Studio, a dark room on the ground floor of a house in Maharajganj, and Ekta’s teacher was the artist Gopal Das Shrestha ‘Kalapremi’, a noted sculptor.
Two other students were already there, using all their muscle strength to knead the sculpting clay. Ekta, now 24, recalls how Kalapremi asked her if she was feeling all right. She avoided him, as she did not want everyone to know she was menstruating.
Kalapremi repeatedly asked Ekta what was wrong. She finally muttered that she was having her period, after which he grabbed her hand and led her to a partitioned corner of the studio and sat her on a chair. Before she could stop him, he slid his hand under her dress, and started massaging her abdomen.
“I was horrified,” Ekta recalls. “I told him to stop, but he didn’t listen, asking me not to be shy, saying he knew how to relieve my pain. He stopped only after I protested furiously.”&nbsp;
The art tutor then said, “You’re like my daughter. I’m doing it out of love to make you feel better, but you’re so stubborn.”&nbsp;
“Instead of saying sorry he acted like I was the one having crazy thoughts,” remembers Ekta, adding that from April 2016 to August 2020 beginning the time she was 16, the artist sexually abused and harassed her on several occasions. &nbsp;
Now, Ekta and the artist’s other former students are finally sharing their experiences and some are pressing legal charges against him, hoping that others do not have to endure what they did.&nbsp;
Award-winning artist and teacher Gopal Das Shrestha ‘Kalapremi’ (the name means ‘Art Lover’) is known for his ceramic art, sculpture, and contemporary pottery. He was <a href="https://nepalitimes.com/review/the-house-of-kalapremi">profiled in Nepali Times after a collaborative exhibition</a>, ‘Where the Wild Things Are’ at the Siddhartha Art Gallery three years ago.&nbsp;
His pieces, titled Gaalis, featured sculpted female figures with the heads of dogs, sheep, and donkeys (pictured) to depict derogatory terms for women. Some critics said the collection was a satire on feminists.
Kalapremi started his artistic and teaching career in 1983 and over the years taught at Bhanubhakta School, Kathmandu University School of Arts, Lalitkala Campus and at his private Kalapremi Ceramic Studio. He has also lectured at Jeonju University in South Korea and recently at Tabor Academy in the United States.
Seven of Kalapremi’s former students were interviewed for this story. Five female students said he touched them inappropriately in his studio or at Kathmandu University. Two male students said they witnessed him abuse and harass the women. In all cases, the students struggled to recognise the abuse when it occurred, and the lack of reporting systems left them to cope on their own for years.&nbsp;
Earlier this year, students shared a social media post hinting at Kalapremi’s history of abusive behaviour following which more students of the artist reached out sharing similar experiences. Some students spoke of abuse that happened as long as 20 years ago.
Kalapremi, 60, has denied the allegations. He told Nepali Times: “Some years ago, there was a movement encouraging people to hug and kiss. I used to do it purely out of friendship and love. But after seeing posts on social media last year calling out my behaviour, I realised my actions may have hurt some people. I understand now that I should have been more mindful.”
He added: “I am also an auxiliary health worker, so I know the exact points to massage to relieve menstrual pain. It’s not just menstruation, I take anyone who is ill to the hospital.”
Sexual abuse is much more rampant than reported given how difficult it is to prove it in court. The law defines sexual abuse as occuring when someone touches another’s private parts, coerces them into touching theirs, uses vulgar language, shows degrading images, or behaves indecently towards them without consent.&nbsp;
Ekta and her fellow students are consulting lawyer Suneeta Regmi Pokhrel, who says they know that even if the court decides in their favour, it is difficult to survive after speaking up, and influential men defend themselves saying they are being framed.&nbsp;
“They are in a lot of pain and weep when recalling how he abused them,” Regmi Pokhrel told us. “They are angry and have filed a case against him, but they are also terrified. They know he is a powerful man and they have seen how our society treats women who speak up against abusers. Unless people speak up, perpetrators will be emboldened.”
Art and academia in Nepal simply reflect the power imbalances in society where people with intersecting identities experience worse forms of abuse. Theatre actors Raj Kumar Pudasaini, Rajan Khatiwada, and Sunil Pokhrel were called out during the #MeToo movement in the Nepali theatre scene in 2019. Even after the allegations Pokhrel went on to receive national awards, while others continued to work without repercussions.
“If you speak up against abusers, you gradually get sidelined from projects,” explained a theatre artist who wished anonymity fearing professional setbacks. “The theatre scene in Nepal is quite small, you just have to make peace with the perpetrators and work with them if you want to sustain yourself.”&nbsp;
In academia there is a history of faculty members sexually harassing students and getting away with it. After Tribhuvan University (TU) lecturer Krishna Bhattachan was accused of harassing women students, the university said it would follow Nepal’s sexual harassment law and set up a reporting mechanism. But nothing happened to the professor, who had already retired. Instead, he counter-accused the students of 'attacking the indigenous people’s movement with baseless allegations' as <a href="https://kathmandupost.com/letters/2019/01/29/bhattachan-responds">he told the Kathmandu Post in 2019</a>. He continues to be featured as a prominent speaker including at TU.
Other faculty members previously accused of sexual harassment include Jagadish Murti Koirala from TU, Bishnu Prasad Acharya from Ratna Rajya Campus, and Bodha Raj Tripathee from Lalitpur Madhyamik Vidhyalaya. A woman staff member from TU also filed a sexual abuse complaint against Dambar Chemjong from TU.
Prominent figures like <a href="https://nepalitimes.com/news/the-rise-and-fall-of-nims-purja">mountaineer Nims Purja</a> have been <a href="https://www.nytimes.com/2024/05/31/sports/mountaineering-sexual-harassment-abuse-nims-purja.html">accused of sexual assault</a>, and cricketer Sandeep Lamichhane, actor <a href="https://nepalitimes.com/news/celebrity-rape-case-spotlights-nepal-laws">Paul Shah</a>, and former speaker of Parliament <a href="https://nepalitimes.com/news/mahara-arrested">Krishna Bahadur Mahara</a> have been accused of rape, but society-at-large has let off the alleged perpetrators amdist a larger debate about justice for survivors and punishment of perpetrators.&nbsp;
‘Gaushala-26’ is the court name given to the 18-year-old who accused Sandeep Lamichhane, former captain of Nepal’s national cricket team and skipper of Biratnagar Kings in the <a href="https://nepalitimes.com/here-now/here-comes-the-nepal-premier-league">ongoing Nepal Premier League</a>, of rape. She left the country citing society questioning her character affecting her mental health while Lamichhane got an outpouring of support. In May, the Patan High Court overturned a prior verdict that found Lamichhane guilty of rape and had sentenced him to eight years in prison. During the 23-month legal battle to pursue justice, Gaushala-26 faced threats of gang rape and acid attacks.&nbsp;
Exhausted by the struggle, Gaushala-26 sought to “move to a new world” where she could live free without hiding her identity.
Actress Samragyee Rajya Laxmi Shah in an Instagram video now deleted detailed the harassment she faced from a filmmaker during a movie shoot. She did not name any name but veteran actor Bhuwan KC filed a defamation case against Rana, but the court ruled that the charge lacked sufficient evidence.&nbsp;
Former Kathmandu mayor <a href="https://nepalitimes.com/opinion/theytoo">Keshav Sthapit also mocked the #MeToo movement</a>, calling accusations against him by journalists Rashmila Prajapati and Ujjwala Maharjan “a rape of men’s rights”.
Serial Abuse
Back at the Kalapremi Ceramics studio, another former student, 24-year-old Rajiv, says he felt the need to speak out after seeing his female classmates being abused.&nbsp;
“He frequently kissed them on their cheeks,” he told Nepali Times. “Whenever they walked into the studio he flailed his arms like a child asking for a hug. They awkwardly hugged him from the side, but he pulled them closer, held their chin, and kissed their cheeks.”&nbsp;
Rajiv says he also saw Kalapremi pull the women’s bra straps, touch their breasts, and slap their buttocks. The young students would freeze, not knowing how to react, and if they protested, he would say it was “normal in art”. Rajiv, 19 at the time like his classmates, remembers thinking perhaps the well-respected artist was right after all.
Another student, Luna, who took lessons at Kalapremi’s studio from 2020 to 2022 did try to confront the tutor after he made an obscene proposal to her. She recalls: “One day when the other students had left the studio and it was just the two of us, he told me that God had given him special artistic talent and he could transfer those powers to me. But to do that both of us will have to be naked, inside a dark room, and have sex.”
Luna, who was 18 then, was livid and told him she did not want any of his powers, but she says he laughed at her as if he was joking. She did not tell her family about the incident because she thought no one would believe her.&nbsp;
“They were all in awe of this famous artist and felt I should be grateful that to be learning sculpting from him,” she says. “I was scared to be alone with him in case he talked about sex again. My coping mechanism was to be rude so he wouldn’t try to come close to me.”
Seeing how some classmates were standing up to Kalapremi, Ekta too tried to push back against his advances, but she said he found ways to coerce her. Since Ekta, Rajiv, and Luna could not afford Kalapremi’s Rs30,000 monthly fee for lessons, he had offered them all a stipend to assist him in the studio.
“He had spondylosis and took me to his therapy sessions to learn massage techniques, then he often made me and other students massage him,” says Ekta. Whenever she refused, he would feign pain to make her feel sorry for him. “He would insist that I put my hands under his shirt so that I could massage him better,” she adds.
The art tutor often tried to “seduce sympathy” from Ekta by sharing how he had never been loved as a child and was “sexually frustrated” as an adult.&nbsp;
“At 7PM, he would pour himself Signature whiskey and immediately go off again about how he was sex-starved. I didn’t know how to respond. It took me time to realise alcohol was just an excuse to talk about sex,” Ekta says.
If convicted, Kalapremi could face financial penalty and/or a prison sentence of up to three years according to Section 224 of National Penal (Code) Act 2017.&nbsp;
Data suggests that victims of child sexual abuse on average take nearly 24 years to tell someone about their trauma, and some may never disclose it at all.&nbsp;
“In our culture, children are rarely taught about boundaries. They often react, show anger when adults pinch their cheeks. But adults insist they did it out of love, and force the children to accept it,” says Sita Lama, a psychotherapist at Manka Kura. “And even when someone touches them inappropriately they struggle to identify and verbalise it.”
When perpetrators claim to be “acting out of love”, Lama says survivors are likely to perceive it as something safe, rather than recognising it as abuse.&nbsp;
“It may take years for them to realise they were abused,” she explains. "And even when they become aware, the power imbalance with the abuser and the associated shame often prevents survivors from speaking up."
Other former students from the School of Art at Kathmandu University have also come forward years later, saying Kalapremi sexually abused them. As young adults, they felt his behaviour was off but were uncertain if it was inappropriate, illegal, or they did not know how to respond. After having understood that it was indeed abuse, they say they are speaking out now to protect others.&nbsp;
Amina Singh, a visiting faculty member at Kathmandu University, says there is no clause against sexual abuse in contracts of teachers, and there is no formal grievance handling mechanism for the students.&nbsp;
“So the only way students can to deal with sexual abuse is approach someone they trust,” she says.
Eight other former art students of Lalit Kala Campus and Srijana College of Fine Arts of Tribhuvan University and other private art studios in Kathmandu say they were also sexually abused by their art teachers. Three faculty members interviewed from these institutions said they saw the abuse, but felt it was futile to report it given how powerful the teachers were.
In the absence of a formal system, some longtime women artists warned each other about “problematic” artists. They shared &nbsp;a “heads-up” to be more cautious when collaborating with them, and avoided responding to their calls and texts after work hours.
To ensure art institutions are safe for all, galleries, museums, artist studios, and smaller art spaces need to develop policies on sexual harassment. This would include a code of conduct or studio policies that hold the leadership accountable and outline the principles of professional ethics.&nbsp;
Students and employees should inquire about accountability mechanisms for raising concerns, both formally and informally, advocates say.
Three years after Ekta left the ceramics studio, she learnt that Kalapremi had harassed many other women. Still trying to get a footing in the art industry, she attended a workshop in Kathmandu where women artists discussed ways to stay safe in the art sector.&nbsp;
Since it was a close-knit group Ekta opened up about how she felt violated and realised she was not alone, he had been abusing underprivileged students for years, and this was common knowledge among artists in Nepal.
Ekta says that even after she quit, Kalapremi continued sending her text messages like ‘I am thinking of you’, ‘Why have you stopped speaking with me’, or ‘I am waiting for your call’.&nbsp;
But what really forced her to act was when Ekta found out that he was sending similar texts to her younger sister.&nbsp;
“I’ve had enough,” she told us. “He abused me all these years but I won’t let him abuse my sister.” &nbsp;
Ekta, Rajiv and Luna are not the real names of the students.&nbsp;

‘Art Lover’ accused of sexual abuse

It was 8:15 in the evening of 25 March 1968 when everyone in the village of Batulechaur near Pokhara heard a deafening sound like thunder as a bright flashing object hurtled down to land in a field.&nbsp; That field belonged to Kul Timilsina, and the next morning he retrieved a sheet of metal about 2m by 1m and carried it home with the help of a few others, thinking it would be useful for his buffalo shed.&nbsp; Before he died at age 83 three years ago, Timilsina had told photo archivist Sunil Ulak that the black metal sheet was not rectangular and had rounded corners. There are a few witnesses still alive who have a clear recollection of the object that fell from the sky that night.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014.jpg" data-media-id="editor_0" data-image-id="2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014" data-rendition-name="original" width="1170" height="601" loading="lazy" alt="UFO over Pokhara"> <figcaption>The field in Batulechaur belonging to Kul Timilsina where fragments of a flying object fell from the sky in 1968.</figcaption> </figure>  One of them is Timilsina’s wife Gyanu, who was 22 at the time. She had been at home, and remembers hearing the big bang and the sky becoming very bright. “We saw the thing in the field in the morning,” she told us. “It looked like a lid, a covering of some sort. The way it was stuck in the ground, it must have fallen from the sky. We thought we could use it to dry clothes on, and took it home.”&nbsp; Another witness is Kul Narayan Paudel. “I was only eight then. We ran to the field to see what had fallen. It was a four-sided metal sheet. The elders took it away, and I don't know what happened to it.” &nbsp; Ram Bahadur Baniya, a teacher at the local school, says he had heard the sheet had been brought to the school, and later handed over to the Zonal Commissioner at the time, Nanda Prasad Malla. “But that is all hearsay,” he says.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54.jpg" data-media-id="editor_1" data-image-id="2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54" data-rendition-name="original" width="1170" height="610" loading="lazy" alt="UFO over Pokhara"> <figcaption>Gyanu Timilsina, wife of Kul Timilsina.</figcaption> </figure>  There are two versions of what happened to Kul Timilsina’s metal sheet. One is that an American Peace Corp Volunteer teaching at the nearby Bindyabasini School took it, and another is that it was handed over to the government. Recently declassified Central Intelligence Agency (CIA) and US State Department documents from the time say that the US Embassy in Kathmandu tracked down the object two years later and had it shipped back to the US. A telegram from the Department of State and Department of Defense tagged as ‘MOON DUST / Space Fragments’ dated 1 March 1972 stated: ‘1. Restored space fragment will be on board Embassy support flight 115 arriving Kathmandu on or about March 10. Fragment is packed in shipping crate (cargo no. 72-33365) marked in care of DAO.&nbsp; 2. State and Defense representatives examined fragments prior to shipment finding restoration acceptable.’  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df.png" data-media-id="editor_2" data-image-id="20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df" data-rendition-name="original" width="856" height="568" loading="lazy" alt="UFO over Pokhara"> <figcaption>Declassified CIA documents about the investigation into the object sighted in Pokhara. </figcaption> </figure>  The documents show that the US government, military and intelligence agencies investigated this incident thoroughly when it occurred, and have continued to revisit it ever since, as recently as five years ago. What is even more intriguing is that the object that fell in Pokhara was not the only unidentified space object that fell to earth that year. There were similar sightings of objects falling from the sky in Ladakh, Sikkim and Bhutan between 19 February and 25 March 1968.&nbsp; These mysteries were the subject of a CIA investigation in 1968 titled ‘<a href="https://www.cia.gov/readingroom/docs/CIA-RDP81R00560R000100070007-8.pdf">Sighting of Unidentified Flying Objects in Ladakh, Nepal, Sikkim and Bhutan</a>’, and the report is part of the recent online declassification of 800,000 top-secret documents from the period.&nbsp; &nbsp;Although unidentified flying objects (UFOs) have a connotation now of being alien craft, it could be pieces of satellite, missile, rocket or even aircraft. The CIA report documents six sightings in 1968 and quotes local sources as describing all of them having similar characteristics: bright blue or red streaks in the sky accompanied by loud sounds like lightning and thunder and objects falling to the ground. Aside from the metallic object that was found in Batlechaur, there were other items also found nearby in Tallakot, Tureypasal, Armalakot and Maidan. Whatever the object was, it seems to have disintegrated even before it hit the ground.&nbsp; The CIA report records the first sighting on 19 February 1968 in various parts of Sikkim and Olangchung Gola and Ghunsa in eastern Nepal. The light was said to be ‘long and thin’ and giving out ‘green and red light’. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb.png" data-media-id="editor_4" data-image-id="20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb" data-rendition-name="original" width="892" height="596" loading="lazy" alt="UFO over Pokhara "> </figure>  Two days later on 21 February, a soundless blue object was seen traveling fast across the sky above Thimphu in Bhutan. Then on 4 March there were multiple daytime sightings or white streaks in the sky at Chang La Pass, Fukche and Koyul in Ladakh. There were more sightings in Ladakh on the very day fragments fell near Pokhara on 25 March 1968.&nbsp; After the sightings in Pokhara, rumours started flying in Kathmandu that these were aliens trying to land on Earth, it could be Russian or Chinese spy planes or satellites, and some even say it as a sign from heaven that the end of the world was near. This was at the height of the Cold War. The Russians and Americans were testing their thermonuclear devices as well as intercontinental ballistic missile delivery systems. The Washington-Beijing rapprochement had not yet happened, and China was making quick progress testing atomic bombs. Within two years after its first atomic test, in 1966 China exploded its first hydrogen bomb at the Lop Nur site in Xinjiang, 3,000km to the north from Nepal. After neary six decades, what is still intriguing is that all the sightings within a few months of each other in 1968 were along the Himalayan arc bordering Tibet: from Bhutan, Sikkim Nepal, to Ladakh. The US military intelligence seems to have concluded that this was not a coincidence and there were frequent research trips to the site in Pokhara by American officials in the months after the incident. With the help of the Royal Nepal Army, the region north of Pokhara was thoroughly searched.&nbsp; A confidential memo dated 25 June 1968 by Jerry C Trippy to a ‘Mr Farley’ mentions that the US Air Force’s Foreign Technology Division had decided that the debris could be important because it may be related to a Chinese missile test or a Soviet ‘Vehicle Venik’ rocket.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe.jpg" data-media-id="editor_5" data-image-id="20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="UFO over Pokhara"> </figure>  On 28 August 1968 the US Embassy in Kathmandu sent a letter to Washington DC saying that the object could be of Soviet origin, possibly from when the rocket carrying the ‘Kosmos 208’ satellite re-entered the atmosphere. But why were the fragments falling to earth several weeks apart, and in the same region? No one knows where the metal sheet that Kul Timilsina recovered is now. It was definitely packed in a crate and taken to the US, and although it is rumoured that it was returned that is not very likely. Archivist Sunil Ulak heard from the Timilsina family that CIA officials had returned to the site five years ago. &nbsp; Interest in UFOs peaked in the US in the 1950s, with the Cold War space race and tests of atomic weapons and delivery rockets. CIA and scientists were being sent to investigate sightings, both publicly and privately. Could the Pokhara fragments as well as the sightings in Ladakh and Bhutan actually be alien craft falling to earth? The renewal in interest in space travel in large part due to Elon Musk’s SpaceX, UFOs and sightings are again subjects of public interest.&nbsp; Even 57 years later, even if there was definitive proof about whether the Batlechaur fragment was from a Chinese missile or a soviet rocket, it has not been made public in documents declassified so far. We may never know.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598.jpg" data-media-id="editor_6" data-image-id="20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598" data-rendition-name="original" width="642" height="320" loading="lazy" alt="UFO over Pokhara"> </figure>  Sunil Ulak speculates if the debris actually came from an American aircraft, perhaps on an intel mission upon China. “Which could explain why they were so thorough in collecting the fragments in Pokhara,” he says. But that still does not explain the multiple sightings weeks apart in 1968.&nbsp; Indeed, US military aircraft were at that time flying frequent night-time missions from air force bases in India to supply weapons to Khampa guerrilla camps in Nepal located north of Pokhara in Mustang. It could very well be that the Chinese shot down one such aircraft. The other sightings could have been contrails of US spy planes, or Chinese anti-aircraft missiles.&nbsp; There were quite a few developments regarding UFOs in 2024. In a US congressional hearing in July, former intelligence officer David Grusch claimed that the government had long been involved in a program to investigate and retrieve non-human craft crashes, and then try to reverse engineer them. However Grusch did not show any evidence.&nbsp; The UAP Disclosure Act of 2024 was signed into law by Joe Biden in December 2023. It plans to oversee the public disclosure of UFO information. However, there is a clause in it that prevents disclosure if it would cause threats to military defense, intelligence operations or foreign relations.&nbsp; It is unlikely that the declassified documents about sightings in the Himalayan will cause any real surprise about definite evidence of alien life even if it was found. It seems humanity will continue, at least for now, to wonder about curious lights in the sky and whether there is anybody out there.&nbsp;

UFO over Pokhara

Four international names in architecture, Shigeru Ban, Rem Koolhaas, Tadao Ando and Louis Isadore Kahn, all left their mark in Nepal. But despite their best intentions, the ambitious designs fizzled out. Ban, Koolhaas and Ando won Pritzkers, the best known international award for architecture, and Kahn could have won it had the prize been given in his lifetime. But their designs fell short of transforming Nepali architecture and did not help inspire local architects.&nbsp; Why were these four ‘starchitects’ unable to pull off their Nepal projects and enrich the country with exemplary contemporary designs? The failure, especially the violation of Kahn’s design, also raises larger questions about how much contemporary architecture is valued in Nepal.&nbsp; Whereas Sri Lanka had Geoffrey Bawa and Bangladesh had Mazharul Islam, the pioneers of contemporary architecture in Nepal have had far less public appreciation. One wonders if Nepali architecture only refers to the monuments and heritage of the past. Nepal does have examples of outstanding modern architecture such as the &nbsp;पाङ्रे घर ‘Wheel House’ and खुट्टे घर &nbsp;‘House on Legs’ by Shankar Nath Rimal in the 1960s. These are the best examples of how some Nepali designers successfully tailored modern architecture to the Nepali context.&nbsp; Ten years ago, Nepal had three architecture magazines, SPACES, praXis and Business Architecture, but none of these survived. This newspaper has prominently covered contemporary architecture, and the built environment, but these are exceptions in Nepal’s media. There have been a few encouraging signs. The 2024 exhibition Modern Encounters in Architecture in Kathmandu Valley (1945-1985) at the Taragaon Museum had many visitors and its accompanying book is a seminal document.&nbsp; In 2023, the Mountain Architecture Dialogue (MAD) that focused on examples of good-practice sustainable contemporary architecture for the mountainous terrains of Nepal was a packed event with over 300 young architects, engineers, environmentalists and architecture students. <h2>Shigeru Ban</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024122003128_8bb8dde080c5698c2585966bef27ce4c08e4ee488d3432b2caac98b9de762dfe.png" data-media-id="editor_0" data-image-id="2024122003128_8bb8dde080c5698c2585966bef27ce4c08e4ee488d3432b2caac98b9de762dfe" data-rendition-name="original" width="990" height="1074" loading="lazy" alt="Forgotten international starchitects in Nepal NT"> </figure>  Shigeru Ban had already built a name for himself in post-disaster construction when he came to Nepal following the 2015 earthquakes in which 500,000 people lost their homes. The basic design and its 3D-rendered images were reviewed in upbeat articles on DOMUS, Architectural Review, Dezeen, and Arch Daily.&nbsp; But his signature cardboard tubes could not handle the monsoon and the roof structure had to be re-designed with timber. Only two shelters were completed in Sindupalchok, and only one of them still stands at the Hyatt Regency grounds today, as Ban’s souvenir to Nepal.&nbsp; <h2>Rem Koolhaas</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024122003128_58afec9b57accfa38327af0936648c6eb2f2e11ff18f1af8ca27383dc57dc222.png" data-media-id="editor_1" data-image-id="2024122003128_58afec9b57accfa38327af0936648c6eb2f2e11ff18f1af8ca27383dc57dc222" data-rendition-name="original" width="750" height="722" loading="lazy" alt="Forgotten international starchitects in Nepal NT"> </figure>  The designs of Dutch architect Rem Koolhaas have a specific signature: bold shapes and an intriguing architectural typology that challenges standard building blocks. Some designs even seem to defy gravity, like the CCTV headquarters in Beijing: an angular, continuous geometry of glass and steel.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241220031216_a18dc8a8d6b97bc6fa9d590036cf374f9dc3709c699fe5c5787304bbd05cb17d.png" data-media-id="editor_2" data-image-id="20241220031216_a18dc8a8d6b97bc6fa9d590036cf374f9dc3709c699fe5c5787304bbd05cb17d" data-rendition-name="original" width="1812" height="1168" loading="lazy" alt="Forgotten international starchitects in Nepal"> <figcaption>Rem Koolhaas' design for Ullen's School in Khumaltar.</figcaption> </figure>  Koolhaas was commissioned by Belgian billionaire Guy Ullens to design a new building for Ullens School in Khumaltar. The most prominent feature is its vertical glass block staircase. Some interior spaces have lowered windowsills, which provide ample views and daylight. But the school building has gone unremarked in Nepal. <h2>Tadao Ando</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241220031212_cc16bd6feb8be07a7198285b847a45d2126dc3a479e0cc7370331861fc544675.png" data-media-id="editor_3" data-image-id="20241220031212_cc16bd6feb8be07a7198285b847a45d2126dc3a479e0cc7370331861fc544675" data-rendition-name="original" width="626" height="628" loading="lazy" alt="Forgotten international starchitects in Nepal"> </figure>  Doctors providing aid to victims of the Great Hanshin earthquake in 1995 in Japan requested Tadao Ando, who had donated his Pritzker money to the victims, to also make a design for a hospital in Butwal.&nbsp; Ando’s contribution would be pro-bono and the construction was funded by the Hanshin Earthquake victims and by the popular Japanese newspaper Mainichi, as a tribute to Nepali doctors. The first block that Ando designed for the Siddhartha Children and Women’s Hospital (SCWH) was the out-patient department. He quickly realised that he would not be able to pull off structures with his typical style of smooth-finished, high-quality concrete.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241220031216_73ec0950d52320277ccc81d4a66fa6aa6acb38141e7b7633683e4cf8179dc579.png" data-media-id="editor_4" data-image-id="20241220031216_73ec0950d52320277ccc81d4a66fa6aa6acb38141e7b7633683e4cf8179dc579" data-rendition-name="original" width="1594" height="958" loading="lazy" alt="Forgotten international starchitects in Nepal"> <figcaption>Tadao Ando's Siddhartha Children and Women Hospital in Butwal.</figcaption> </figure>  Ando wrote in the online architectural catalog Architectuul, that the two main problems with the project were costs and the availability of local technology. ‘It became a facility that has a slightly different expression from the buildings I have completed so far,’ he wrote. He designed a colonnade for the west façade that would provide shelter from harsh sunlight, and the exposed brick walls were locally manufactured bricks.&nbsp; The hospital is characterised by modernist cuboidal massing, but the outer brick façades now appear unintentionally badly weathered by monsoons. The interiors lack both sufficient natural light and natural ventilation. <h2>Louis I Kahn</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024122003128_612e199d62fb3e72b6b8f6a936b0fa0451d8c0aa3d831c071320bf423ee3d67f.png" data-media-id="editor_5" data-image-id="2024122003128_612e199d62fb3e72b6b8f6a936b0fa0451d8c0aa3d831c071320bf423ee3d67f" data-rendition-name="original" width="694" height="926" loading="lazy" alt="Forgotten international starchitects in Nepal NT"> </figure>  American architect Louis I Kahn had experience of projects in South Asia, and several were under construction when he died suddenly in 1974. Amongst these were the National Assembly complex in Dhaka, the Indian Institute of Management in Ahmedabad and the Family Planning and Maternal Child Welfare Centre in Kathmandu.&nbsp; Kahn had started the USAID funded project in Nepal by developing a master plan for the government institutional zone in Kathmandu, which included a building for the Health Ministry. The building’s façade in exposed brick has deeply recessed vertical windows for shading.&nbsp; The balancing of accentuated horizontal lines in the brickwork with the verticality of the larger composition is the work of a master. The brick walls rise up into punctured parapet walls at the roof level. These square apertures ‘frame the sky’.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241220031216_69c2e4972dbe38773e0a3a3f1129485c9c87033ee84cd454e24ae0dc772d05cf.png" data-media-id="editor_6" data-image-id="20241220031216_69c2e4972dbe38773e0a3a3f1129485c9c87033ee84cd454e24ae0dc772d05cf" data-rendition-name="original" width="1924" height="1242" loading="lazy" alt="Forgotten international starchitects in Nepal"> <figcaption>Louis Kahn's plan for the Ministry of Health.</figcaption> </figure>  When Kahn died, only the eastern half of the building was finished. The Western part was never built and Nepal’s bureaucrats decided that without paint, the exposed brick façade was not finished. Then in 1995, citing roof leakage and a space crunch, the Health Ministry added a floor.&nbsp; The frames-to-the-sky in the roof parapet were converted into windows and topped off with a sloping roof of corrugated steel sheets, whose only virtue was that it was cost-effective.&nbsp; Kahn’s orthogonal composition, which clean horizontal and vertical lines, was desecrated despite a public outcry and legal challenges from architects and cultural organisations. A version of this article was first published in HIMAL Southasian. Illustrations by Varun S Bapu.

Forgotten international starchitects in Nepal

If you were raised in Nepal, you must have picked up its unique set of vocabulary: आन्दोलन, चक्का जाम, बन्द, राँके जुलुस, आफ्नो मान्छे, हाम्रो दल, कर्फु and many more words connoting political protest.
We became familiar with the acrid smell of burning tyres, and eyes smarting from tear gas. And yet, everyone speaks of another revolution in the making. Not by desire, but by suffocation.
We heard speeches about नयाँ नेपाल, but the New Nepal never arrived. The governance system changed, but it did not reflect on people’s lives — except for those close to centres of power. The state is still unreachable and is not bothered about <a href="https://nepalitimes.com/here-now/matter-of-life-and-debt">victims of loan sharks</a>, cooperative scams and other injustices.
Politicians continue to speak in sound bites, but fail to deliver. They have mastered the game of pointing fingers towards an external enemy and convincing people that they are never at fault. The political narrative is so disconnected from the actual analysis of the problem that suffocation doesn’t go away after every revolution.
No genuine effort has been made to deliver at all, which is why there is a palpable sense of disillusionment in the air forcing us to seek another revolution, even if Nepal may not be able to afford it.
How has the current system successfully held power, even if the public is deeply frustrated? How is it that for three decades we continue to be led by the same faces, who have time and again, proved to us that they may be great politicians but not national leaders?
<a href="https://nepalitimes.com/opinion/improving-internet-governance-in-nepal">My experience at the epicentre of politics</a> has led me to identify three cultures that have enabled political parties to keep a tight hold on power: acceptance, silence and dependency.
We accept things the way they are. We use fatalistic phrases like “नेपालमा यस्तै हो” or “नेपालको कानुन दैब जानुन”. While this resilience enables us to rise back up from devastating calamities, it is also a reason for our compliance with the status quo.
Despite so many ‘revolutions’ that have led to significant reforms, these phrases keep getting reinforced, to the point that the upcoming generations have made it their lingo.&nbsp;
This acceptance is not a symbol of law-abiding citizens, but citizens living in fear of those in power, unable to ask the whys and why-nots.
Innovation suffocates in this culture of acceptance of the status quo. This is manifested in remarks like “but we don’t have any laws for this,” or “we don’t have the capacity to implement this”. An innovator or entrepreneur therefore has to spend that energy to become a political lobbyist, often educating and convincing the bureaucracy.&nbsp;
Remember when locally assembled <a href="https://nepalitimes.com/banner/designed-and-made-in-nepal">Yatri motorbikes</a>, despite having willing customers, had to suffer to secure license numbers because of a lack of regulations? Instead of creating new laws, the government kept chanting the “We will promote Nepal-made goods” mantra, leaving entrepreneurs in a labyrinth of bureaucracy. The weight of acceptance of the law lies heavily on innovators. Fatalism is a tactic used by those in power to generate mass fear in society.
When we accept, we become silent. This is a pervasive phenomenon. We are trained to keep quiet, lest we ruffle feathers, burn bridges, or not get the help we need in future. We know, yet we don’t speak.
Read also: <a href="https://nepalitimes.com/here-now/bureaucratic-hurdles-in-researching-nepals-bureaucracy">Bureaucratic hurdles in researching Nepal's bureaucracy</a>, Daniel W Edwards
Here is one example: the 2021 census shows that the number of baby boys born for every 100 baby girls is 112. This is a clear indication of female foeticide because of boy preference in society.
Despite such horrifying realities, there is finger-pointing within the government between the Ministry of Health and Population with the Ministry of Home Affairs. At the citizen level, we know those who are involved in killing girls. Yet, we don’t speak up. The Nepal Medical Council reports state that despite this gender imbalance at birth, there is no indication of any action.
But why would anyone speak against one's own fraternity, no matter how vile the act is?
When we accept and keep quiet, we become dependent on those who yield power. From getting our government procedure completed on time to getting transfers, to accessing any of our legally protected rights as well, we are forced to depend on our networks of चिनेको मान्छे people we know by blood, village, relations, political affiliation.
The culture of dependency has been the established way in Nepal. If you drive a two-wheeler or four-wheeler, and you get into a small accident, you will be asked to sort it yourself, dialing up the most powerful person you know. It becomes a competition of who knows who.
Recently I was told that there were calls from the Ministry of Health and Population and another from the Prime Minister's Office for just one medical position in a private hospital. Each was pushing its own candidate. Guess which candidate got the position.&nbsp;
The dependency of people is not on the laws or the state, it is with people in power, a reliance on the network of somebody who knows somebody, including those not officially in power.
These cultures are deeply ingrained in our heads, and in society. Collectively they form a vicious circle that helps those in power to retain power. This is not the society we want to live in.
Then, what do we do as a collective to break away from this? How do we break away from the cultures of acceptance and silence that have created this dependency? What can we do to ensure that our children do not have to learn the jargon of आन्दोलन before they learn about the state?
These are the cultures political parties need to shed rather than use them to perpetuate their power. This is what <a href="https://nepalitimes.com/opinion/comment/an-alternative-to-alternative-politics-in-nepal">alternative politics</a> needs to be about.
Sumana Shrestha is a member of Parliament’s Education, Health and Information Technology parliamentary committee and represents the Rastriya Swatantara Party.