<img width="965" height="543" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101136/63720c839c7e80680e0b7873jpeg.jpg" alt=""/>For the past weeks, there is one news item that has overshadowed news of the <a href="https://www.nepalitimes.com/here-now/mcc-gets-green-light-in-nepal/">MCC</a> or <a href="https://www.nepalitimes.com/latest/trapped-in-ukraine/">Ukraine</a>: allegations that Nepali actor and model Paul Shah raped a minor colleague. Shah, 32, is in police custody in Tanahau since 27 February after a 17-year old singer with whom he had done numerous music videos filed a complaint at the police accusing the actor of raping her under false pretenses of marriage. Shah was on the run after he failed to appear before law enforcement following the charge filed against him. Before news of his arrest on 27 February, the actor said via social media that he would turn himself in.  Prior to his arrest, as details emerged about his alleged serial abuse of the teenager singer, Shah released audio recordings on social media in an attempt to explain to the public what he called “conspiracies” and “attacks” against him. Read more: <a href="https://www.nepalitimes.com/latest/plot-thickens-in-nepal-speaker-rape-case/">Plot thickens in Nepal Speaker rape case</a>, Nepali Times Even as a significant number of Nepalis have called for Shah to be tried under the full extent of the law, his arrest has followed protests in front of the police station as well as on social media in his support, including by insiders within Nepal’s entertainment industry.  Meanwhile, the minor has come under intense public scrutiny as she continues to be the subject of various media content with the case involving a popular celebrity. She has broken down in tv interviews, complaining of <a href="https://www.nepalitimes.com/here-now/mcc-gets-green-light-in-nepal/">mental torture</a>.  <a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.lawcommission.gov.np/en/wp-content/uploads/2019/07/The-Act-Relating-to-Children-2075-2018.pdf?fbclid=IwAR3lb4WLeIpFHBZSsd7F9LLXUdK5nUyHguVt58ZLEcEPF1rGp5JITUaOmjg" target="_blank" rel="noopener noreferrer">Nepal’s Act Relating to Children 2018</a> defines those below the age of 18 as minors, and the case has drawn attention to the rape and abuse of minors. The case has also highlighted the fact that men, boys and gender minorities are not specified as victim of case of rape under the Criminal Code. Some 45% of reported rape cases in 2020-21 were of girls below 16 years of age, according to Women Rehabilitation Centre (WOREC). There has been a steady rise in the number of rape cases in recent years in Nepal, although it is unclear if this is because there are more incidents or more women are reporting them. <img width="800" height="406" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101136/63720c869c7e80680e0b7874jpeg.jpg" alt="">The Nepal Police in 2021 reported that up to seven women and girls are raped everyday in the country, most of them by neighbours, relatives and acquaintances.  One point that has come under intense scrutiny is that law in Nepal specifies women and girls as the victim in case of rape. Men, boys, and gender minorities are not included in the definition Criminal Code ma. Following intense media scrutiny, Nepal’s Cyber Bureau directed ‘individuals and groups to refrain from influencing investigations into serious crimes by uploading videos and photos with misleading and false captions on social media that are intended to disturb social harmony and violate the privacy and mental health of the victim’. Anyone involved in such activities would be prosecuted in accordance with prevailing laws under Nepal’s Electronic Transactions Act 2063. Earlier, Nepal’s National Human Rights Commission (NHRC) also said it was monitoring the investigation process as well as the online outrage following Shah’s arrest, urging people to assist in the independent investigation. The NHRC urged people to refrain from recording and disseminating videos without the permission of the concerned parties, and to hand over any relevant information to the authorities as evidence. "Investigation of serious crimes should be conducted in a confidential, impartial, independent manner in accordance with the principles of criminal justice,” the NHRC’s statement read.  The case has become another landmark in Nepali society debating violence against women, rise in rape cases, Nepal’s entrenched patriarchy, as well as trial by media and the investigative and judicial agencies being influenced by the powerful. Read also:<a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/"> Four-fold increase in reported rape in 10 years</a>, Sewa Bhattarai

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Celebrity rape case spotlights Nepal laws

<figure><img width="640" height="426" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d14089c7e80680e0a9958jpeg.jpg" alt=""/><figcaption>Photo: Jan Møller Hansen</figcaption></figure>Nearly an entire generation of Nepali youth has grown up following the Comprehensive Peace Accord (CPA) that was signed on 21 November 2006, and which brought the Maoist insurgency to an end.
The accord marked the entry of the Maoists into democratic politics, effectively ending the war. But thousands of families of those killed, maimed or disappeared still <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener noreferrer">wait for truth and justice</a>.
Signed 15 years ago on this day, the CPA pledged to ‘Investigate human rights violations and those involved in crimes against humanity’.
But 14 prime ministers later, the whereabouts of nearly 2,000 people who went missing during the war remains unknown. <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" target="_blank" rel="noopener noreferrer">Conflict-era survivors</a> of torture, abuse, rape and families of those killed continue to wait for justice all these years later.
“State officials' reluctance to investigate and prosecute such serious crimes has exacerbated the suffering of victims, undermined the rule of law in post-conflict Nepal, and increased the risk of such violations in the future," says Meenakshi Ganguly, South Asia director at Human Rights Watch.
In 2015, the government formed the <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565" target="_blank" rel="noopener noreferrer">Truth and Reconciliation Commission</a> and the Commission to Investigate Enforced Disappearances. Both received more than 60,000 complaints but not a single investigation has been resolved, said four rights organisations in a statement released on the anniversary of the CPA agreement.
Rather, the two commissions are being used as a pretext to prevent cases from moving through the regular courts. 
The current 5-party coalition government includes former enemies in the conflict: the Nepali Congress and the Maoists. Critics have said there is an unspoken agreement between them to delay the transitional justice process since so many of their senior leaders could be considered culpable for war crimes.
It was perhaps to deflect criticism from human rights groups and international watchdogs that Maoist leader Pushpa Kamal Dahal (who was known by his nom de guerre 'Prachanda' during the conflict) issued a statement on 21 November, saying that his party was committed to meet the obligations under the CPA on justice for wartime excesses.
'Although the conflict was brought to an end, the task of investigating events that occurred during the war and to provide victims with transitional justice remains,' Dahal said <a href="https://www.himalkhabar.com/news/126682" target="_blank" rel="noopener noreferrer">in the statement</a>, which was also published in English in The Kathmandu Post on Sunday. 'We are proud of what the revolution achieved, but we will probe and bring out wartime excesses.'
Amnesty International, the International Commission of Jurists, Human Rights Watch and TRIAL International issued a joint press release on Sunday stating that the promises made in the agreement have not yet been fulfilled 15 years later, there has been no progress in providing justice for the <a href="https://www.nepalitimes.com/opinion/nepal-must-reboot-human-rights-rule-of-law/" target="_blank" style="letter-spacing: 0.01em;" rel="noopener noreferrer">crimes and other offenses</a> committed against international law. 
“Nepal's transitional commissions have not been able to achieve anything in the last six years. These commissions have long since lost the trust of the victims,” says Mandira Sharma, Senior International Legal Adviser to the ICJ.
The commissions also drew much criticism for a clause that recommended <a href="https://www.nepalitimes.com/here-now/just-not-justice/" target="_blank" rel="noopener noreferrer">granting amnesty</a> to those that committed serious crimes under international law. After international pressure, the Supreme Court <a href="https://www.nepalitimes.com/latest/rights-groups-laud-nepal-supreme-court-ruling/" target="_blank" rel="noopener noreferrer">issued an order</a> to annul the provision, which the government has since implemented.
The statement from the four international organisations reinforced the Supreme Court's order to amend the law, while urging for timely justice and reparations for the victims. 
<a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" target="_blank" style="background-color: rgb(255, 255, 255); font-size: 15px; letter-spacing: 0.01em;" rel="noopener noreferrer">Nepal’s delayed transitional justice</a> and multiple cases of the perpetrators being set free by the court have diminished its credibility in the world community. In October 2020, the country was <a href="https://www.nepalitimes.com/latest/nepal-elected-to-2nd-term-at-unhrc/" target="_blank" rel="noopener noreferrer">elected to the second term at UNHRC</a> (United Nations Human Rights Council) even as it had failed in fulfilling human rights pledges at home, much to the criticism of activists.
All four organisations have called on the Nepal government to set a clear timeline for a reliable <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener noreferrer">transitional justice process</a> with the needs of the victims at the forefront, to begin meaningful consultations with them and to fulfill their legal obligations.
Adds Meenakshi Ganguly of Human Rights Watch: "If justice is continually denied in Nepal, perpetrators of these international crimes committed during the conflict will be prosecuted abroad under international jurisdiction."

Justice delayed, justice denied

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151156/636d11939c7e80680e0a9892jpeg.jpg" alt="" width="978" height="648"/><figcaption></figcaption></figure>In recent years, <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener noreferrer">rape survivors and victims of sexual abuse in Nepal</a> have increasingly gone public with their experience and many are choosing to pursue legal action. But even when they file a complaint, it is rarely that they get justice because of loopholes in the system.Dipendra Chaudhary, 29, of Kailari was accused of raping an 11-year-old girl last year. After the girl’s family lodged a complaint against Chaudhary five days later, the police arrested him the next day.During interrogation, Chaudhary confessed to raping the minor, and based on this the court ordered him into judicial custody for further investigation. But a month later, the bench headed by Jayananda Paneru, the senior-most judge at the district court, acquitted him citing that there was not enough evidence in the charge sheet.Read also: <a href="https://www.nepalitimes.com/opinion/rape-rulings-in-nepal-follow-letter-not-spirit-of-the-law/" target="_blank" rel="noopener noreferrer">Rape rulings in Nepal follow letter, not spirit of the law</a>, Sewa BhattaraiSix months later, Paneru heard another rape related case against Dharma Rokaya, in which he was  alleged to have raped a girl in Dhangadi. The bench again ruled in favour of the defendant citing insufficient evidence.On the same day, another bench headed by Khemraj Bhatta heard six Dhangadi rape cases. Of those that received a final verdict that day, the judges ruled that one of the cases did not have sufficient claim, acquitting Akash Chaudhary and his friend who were accused of raping a girl.Another judge Baburam Baniya’s courtroom also heard four rape-related cases on the very day. In one of the two cases that received the final verdict, the judge Baniya ruled insufficient evidence.Figures from the Kailali District Court show that more than half the rape cases that were closed between 16 July-5 September 2021 had verdicts in favour of the accused. All in all, 198 <a href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener noreferrer">rape cases</a> were registered at the Kailali District Court last year alone, of which 120 were closed, and 60% (72 cases) acquitted the alleged perpetrators.Read also: <a href="https://www.nepalitimes.com/opinion/theytoo/" target="_blank" rel="noopener noreferrer">#TheyToo</a>, Sewa BhattaraiCases related to rape are initiated and prosecuted by the government. Based on a police investigation, the public prosecutor’s office files a case in the district court on behalf of the victim. If the decision is not satisfactory, the prosecutor can appeal to the high court. According to Jagdish Shah, IT Officer at the High Court in Dipayal, the government has appealed the 72 cases from Kailali District Court.Bishwa Adhikari, Superintendent of Police in Kailali says there could be many reasons why the decisions are often given in favour of the defendant: “The delay in filing the cases makes it difficult to gather evidence, it also gives the other party more time to gather evidence in their favour.”Survivors of rape, already traumatised, are often forced by family members to keep quiet for fear of shame or reprisal. Even when they do press charges, there have been cases where the victim’s families have been pressured to step down. <a href="https://www.nepalitimes.com/opinion/the-roots-of-rape/" target="_blank" rel="noopener noreferrer">A misogynistic society</a> that often blames the victims and questions the choice of clothes and lifestyle adds to the victims hesitating to report the crime on time or at all.But when complaints are lodged late, it becomes harder to trace the physical evidence, witnesses can change their statement and even the victims may be coerced to take back their case, making it difficult to ensure a fair trial.Lawyers and activists say that the police and public prosecutors should change how they handle rape cases. Most victims choose not to pursue cases because they do not know how to work the system, and often do not have the resources to fight the case. The perpetrators often come from <a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener noreferrer">politically, economically and socially stronger backgrounds</a>.Read also: <a href="https://www.nepalitimes.com/opinion/justice-delayed-and-denied/" target="_blank" rel="noopener noreferrer">Justice delayed and denied</a>, Sewa BhattaraiIn some cases the police mediate and get the perpetrator and the victim’s family to come to a compensation agreement. The line of questioning by male officers is also often offensive, implying that victims were somehow responsible for the crime.“In many cases, the police refuse to register the cases which delays the process and in the meantime the evidence disappear or are destroyed,” says Chief Attorney for Far Western region Kulananda Upadhyay. “There are also lapses in the investigation and prosecution from the public prosecutor’s side. When the victim’s statement is recorded, the officials don’t do it verbatim and use their own language leading to discrepancies and in turn a weaker case at court.”Absence of proper medical examination, <a href="https://www.nepalitimes.com/opinion/how-does-the-nepali-media-cover-rape/" target="_blank" rel="noopener noreferrer">gender insensitivity</a> while handling the cases and treating rape complains as any other case also results in accused walking free.Says advocate Renu Pradhan Shrestha, “No one wants to be raped but when people in the judiciary handle and discuss it as something normal, turn hostile towards the victims, the accused walk free.”Translated by Sahina Shrestha from <a href="https://www.himalkhabar.com/news/126345">the Nepali original</a> published on himalkhabar.com

Justice eludes many rape survivors

<figure><img width="3133" height="1879" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161128/636d18c99c7e80680e0ac7e3jpeg.jpg" alt=""/><figcaption>Photo: #ajhaikatisahane</figcaption></figure>On 10 October 2020, the #ajhaikatisahane movement went <a href="https://www.nepalitimes.com/latest/social-movement-through-social-media/" target="_blank" rel="noopener noreferrer">viral on social media</a> and gained attention like we were hoping it would. In the weeks before it, public outrage had grown in response to the rape cases in Bajhang and Bhaktapur. It was crucial for such scrutiny of the government, and <a href="https://www.nepalitimes.com/banner/more-anti-government-rallies-in-nepal/" target="_blank" rel="noopener noreferrer">outrage against its failure in the investigation</a> of the cases. But the movement was overtaken by demands for capital punishment.  The #ajhaikatisahane movement brought to light the social, legal and moral grounds on why the death penalty is not a solution for such heinous crimes, as well as demands including the need for gender-neutral definitions and <a href="https://www.nepalitimes.com/latest/the-human-cost-of-nepals-political-deadlock/" target="_blank" rel="noopener noreferrer">punishment to mediators in cases of rape</a>. Forming and being a part of this team required people with aligning views on capital punishment, determination to take the risks, and most importantly, the ability to maintain solidarity for what lay ahead. For many of us in the team, it was our first experience participating in a street demonstration, and we were surprised by the outcome. After a flash mob at Maitighar, we saw hundreds of instant shares on social media, and  we started getting approached by people in positions of power with whom we were able to voice our concerns. The movement received widespread support and appreciation but also criticism, with some limiting our efforts to just a performance. Comments included labelling us as ‘सडकमा नाच्दैमा बलात्कार रोकिएलार ?', चटकीहरु चटक देखाउँछन्', 'डलरडानस' (‘Will street dancing stop rape? Magicians’ tricks, Dollar Dance). There seemed to be a general misunderstanding of people towards initiatives led by young women. Shockingly, such reaction was not restricted to a few individuals on social media sites but even public officials and political leaders who flippantly passed judgement about what we wore and our street performances. They completely overlooked our efforts in coordinating the movement in creative ways. More so, such insensitive remarks only strengthened our resolve and convinced us that the struggle was not just against the perpetrators but the society at large, which is still guided by patriarchal beliefs and values. The freedom of women in our societies <a href="https://www.nepalitimes.com/opinion/two-decades-of-debate-on-female-migration/" target="_blank" rel="noopener noreferrer">has been curtailed</a> for centuries, and their leadership questioned. Ironically, it is even more pronounced when <a href="https://www.nepalitimes.com/opinion/turning-outrage-into-justice/" target="_blank" rel="noopener noreferrer">women rebel to gain control </a>over rights and decisions. One need not look too far for examples. The government has time and again turned a blind eye to the status of women in the <a href="http://archive.nepalitimes.com/news.php?id=17546#.YW0oZi8w3u0" target="_blank" rel="noopener noreferrer">Badi community</a>. It has also largely ignored women’s fight for <a href="https://www.nepalitimes.com/banner/nepal-waits-for-an-unequal-citizenship-law/" target="_blank" rel="noopener noreferrer">equal citizenship rights</a>,  justifying the blatant discriminatory provisions with nationalism. When <a href="https://www.nepalitimes.com/here-now/worldwide-womens-activist/" target="_blank" rel="noopener noreferrer">women activists</a> come out, they need to fight not just for the issue that they have raised, but also be prepared to face a backlash they will most likely receive because they have broken the gender norms and societal expectations. Taking activism to the streets is already a struggle on its own. And while the street is only one of the platforms for protests, it is a powerful one. From the Green Wave Protest in Argentina to the Aurat March in Pakistan, such street rallies have played a significant role in initiating discourse, and sometimes also bringing about social reform and legal changes. It takes courage to defend the cause through street protests in a society that <a href="https://www.nepalitimes.com/opinion/coping-with-the-patriarchy/" target="_blank" rel="noopener noreferrer">expects women to stay put</a>. And at times I myself felt exhausted, the path ahead to achieve social justice seemed full of obstacles because we were discouraged and belittled at every step. Women are doubly tested and face many more hurdles than their male counterparts. It is visible not just when they take to the streets but also in decision-making, where <a href="https://www.nepalitimes.com/banner/women-leaders-seen-but-not-heard/" target="_blank" rel="noopener noreferrer">women politicians</a> are mostly relegated to ceremonial positions despite their potential. Misogynistic remarks often by sitting ministers and politicians, including those questioning a woman’s morals, are proof that women are still not treated as equal citizens despite the state’s claims of being progressive. While fighting a bigger fight, women are already exhausted halfway trying to establish their credibility, and this makes the entire process of demanding justice and change much more infuriating.  The struggle for justice in individual cases therefore has to go hand-in-hand with the struggle to change public perception of women in leadership, and the form of protest they chose for their activism.  It is not enough to see young women activists as leaders of tomorrow. Their presence, contribution and significance have to be acknowledged today.Sagoon Bhetwal is a final year student of Social Sciences at Kathmandu’s National College. <img width="89" height="109" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161128/636d18cc9c7e80680e0ac7e4jpeg.jpg" alt="">Read also: <a href="https://www.nepalitimes.com/latest/protesting-to-protect-the-right-to-protest/">Social movement through social media</a>, Diya Rijal

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Protesting to protect the right to protest

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02399c7e80680e0a366djpeg.jpg" alt="" width="2154" height="1068"/><figcaption></figcaption></figure>When the coalition government of Prime Minister Sher Bahadur Deuba took office in July, many had hoped it would restore stability after a prolonged political feud. But the alliance has not even been able to complete government formation, nor pass the budget and important legislation on stricter punishment for gender-based violence.Turmoil in Parliament this week, including physical confrontations between members that had to be controlled by marshals, has also meant the budget has not budged, and this has led to a government shutdown from Wednesday — affecting hospital care during the pandemic.Continued opposition by the main opposition UML has meant that besides the budget, critical pieces of ordinance, including one to increase <a href="https://www.nepalitimes.com/opinion/rape-rulings-in-nepal-follow-letter-not-spirit-of-the-law/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/rape-rulings-in-nepal-follow-letter-not-spirit-of-the-law/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNE0uJWaELyu9SdhwI_oKEXopsk9zw">punishment for rape</a> and acid attacks against women have lapsed.“This has bolstered the morale of criminals because it will protect them from punishment,” says Tika Dahal of the Nepal Organisation of Handicapped Women.“It is a crime to threaten victims or buy them off, and the inability to pass these ordinances will mean that fewer women will come forward to lodge complaints,” she adds. There has been a <a href="https://www.nepalitimes.com/latest/in-nepal-lockdown-a-domestic-violence-spike/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/in-nepal-lockdown-a-domestic-violence-spike/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNHWmrd7UmCdVcOO4lA4MaauH1-llg">significant increase in the number of reported rape cases </a>during the Covid-19 pandemic.The ordinances had in the past months brought down the number of rape cases where the perpetrator’s family tried to negotiate a settlement with the victim through intimidation or out-of-court offers of compensation, including getting the rapist to marry the victim.The other ordinance to prevent acid and other corrosive chemical attacks has also lapsed. <a href="https://www.nepalitimes.com/here-now/nepals-acid-attack-survivors-find-a-saviour/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/nepals-acid-attack-survivors-find-a-saviour/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNEYcqgMX1pyu7JVUiclIyf5s03nXw">Activist Ujjwal Bikram Thapa</a> who has been helping women victims of acid attacks and lobbying for the legislation says it is a “national shame” that such an important bill has been allowed to lapse.“Preventing acid attacks on women is not a political issue, it was not for or against any political party,” Thapa said. “If the government cannot act on such a sensitive issue, we as a nation have lost our humanity.”The law would have increased the punishment to <a href="https://www.nepalitimes.com/here-now/the-prolonged-trauma-of-acid-attack-survivors/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/the-prolonged-trauma-of-acid-attack-survivors/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNFOv0RqIp7iQqmDasfki-F3Q0FUaA">perpetrators of acid attacks</a> to 20 years jail terms, and Rs1 million in fines. If the victim died, the acid assaulter would have to pay compensation to the family. These laws are now not in effect anymore.Nepal’s Constitution mandates that a law or amendment brought by ordinance must be ratified by Parliament within 60 days of being presented to the House, otherwise it is automatically scrapped. The ordinances had been passed on 18 July and expired on Wednesday.“We had actually started seeing a drop in attempts to reach settlements in which the rape accused used power, muscle and money to avoid punishment,” says gender rights activist Sangita Timsina.Menuka Thapa of the group Rakshya Nepal says that after the ordinance stipulating a three-year jail term for those attempting to settle rapes cases out of court, she had seen a drop in such negotiations.Last year, when a 16-year-old was raped by multiple men in Saptari, local elders offered the victim’s family Rs55,000 if they forgave the perpetrator. When the family took a stand saying it wanted justice, not money, influential men in the village threatened them from filing a police case. The young woman committed suicide.But because the ordinance against out-of-court settlement had been passed, the perpetrators Dharma Mandal, Bishnu Mandal, Ranjit Mandal and Ballu Mandal as well as three elders trying to save them from punishment were detained by police.Similarly, at the other end of the country in Bajhang, a 12-year-old Dalit girl was murdered after rape. The alleged rapist Rajendra Bohra had last year been released from jail after this family paid a mere Rs500 to settle an earlier rape case. If the amendment had been in place, the second crime would not have happened.After a series of such rape settlement cases, the government of Prime Minister K P Oli had President Bidya Devi Bhandari sign an ordinance in November last year to amend the laws on rape and other crimes against women.Pressure to settle rape cases by offering money or threats against the victims or their families would be punishable by up to three years in prison and Rs30,000 fine. In fact, the amendment added another 6 months in jail if the one pressuring the victim is an elected official.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d023d9c7e80680e0a366ejpeg.jpg" alt="" width="2268" height="1390"><figcaption></figcaption></figure>The parliamentary stalemate has also affected the budget, and from the first of the Nepali month of Ashwin on Friday, the government cannot spend any money which could lead to a shutdown similar to the one that the United States experienced last year after a filibuster in Congress when Donald Trump was president.But while the US has seen such crises before, this is the first time Nepal has had a government shutdown because the House deadlock has meant that the government’s budget ordinance has lapsed.The reason for this state of affairs is that Prime Minister Deuba suspended Parliament when it looked like he could not pass an amendment to the Constitution allowing political parties to split with signatures of just 20% of their parliamentary parties.This was to facilitate Madhav Kumar Nepal to split from the UML to form the CPN (United Socialist) so that he could join the coalition government. K P Oli and the UML is also using his obstruction of the House to exact revenge on the coalition that ousted him.Five-time prime minister Sher Bahadur Deuba does not seem too perturbed. When asked by reporters this week how the government would function without a budget, he replied: “As it has functioned in the past.”Parmeswar Dhungana of the Finance Ministry says the first option is to have Parliament when it meets Monday to ratify the ordinance to split parties, that will unblock the other ordinances. The second option is to pass an emergency payment bill, but even for that the political deadlock between the coalition and the UML in both chambers of the House must end.The third option is to suspend Parliament again and pass and renew all pending bills, amendments and the budget by ordinance.This has happened before. Exactly ten years ago when then UML Finance Minister Surendra Pandey tried to present the budget, the current Maoist Finance Minister Janardan Sharma led a charge on the floor of the House and broke Pandey’s red-ribboned budget briefcase. After that, the UML coalition passed the budget by ordinance.The other collateral damage of the deadlock in Parliament is the US-supported <a href="https://www.nepalitimes.com/editorial/just-do-it/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/just-do-it/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNF2KbkdVt5RHXp1wruRR1Tu1HOoVQ">Millennium Challenge Corporation (MCC)</a> project to increase the capacity of Nepal’s electricity transmission lines and improve highways. The project is already signed but needs to be ratified by Parliament in 2019, but has also been a victim of extreme politics.

The human cost of Nepal’s political deadlock

<figure><img width="1500" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110111152/636cd7d99c7e80680e092e0ajpeg.jpg" alt=""/><figcaption>Photo: AMIT MACHAMASI</figcaption></figure>When the Immigration Department last month <a href="https://www.nepalitimes.com/here-now/history-of-female-immobility-in-nepal/" target="_blank" rel="noopener noreferrer">proposed travel restrictions</a> for women under 40, <a href="https://www.nepalitimes.com/banner/more-anti-government-rallies-in-nepal/" target="_blank" rel="noopener noreferrer">Nepalis took to the streets</a> wearing black, chanting slogans and holding placards.The rage on the streets was magnified as the proposal coincided with a series of <a href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener noreferrer">unsolved rape cases</a>, and prolonged political stalemate due to feuding alpha males in the ruling NCP holding the country hostage.The proposed travel ban was only the latest in a long saga of restrictive policies against women in the past 20 years, as Upasana Khadka meticulously details in her column <a href="https://www.nepalitimes.com/opinion/two-decades-of-debate-on-female-migration/" target="_blank" rel="noopener noreferrer">Labour Mobility</a>. Mostly, they were misguided attempts to curb trafficking.Last year, in a move to revise the long-debated Citizenship Bill, the <a href="https://www.nepalitimes.com/banner/nepal-waits-for-an-unequal-citizenship-law/" target="_blank" rel="noopener noreferrer">NCP bungled the task</a>. Nepal is one of a few countries where citizenship laws are so discriminatory.Xenophobic politicians have long used nationalism to justify <a href="https://www.nepalitimes.com/latest/nepals-citizenship-bill-is-a-hornets-nest/" target="_blank" rel="noopener noreferrer">unequal citizenship for Nepali women</a>. For a state that acts as if it is so protective of women, it has spectacularly failed to prosecute perpetrators of sexual violence, <a href="https://www.nepalitimes.com/banner/daughter-slaughter/" target="_blank" rel="noopener noreferrer">acid attacks</a>, dowry, and domestic violence.The case of 17-year-old Bhagarathi Bhatta, murdered after rape in Baitadi in February became exceptional only because it was resolved by the police. Most other <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener noreferrer">rape cases</a> are either unlawfully ‘settled’ through police mediation, or perpetrators are never caught, like in the Nirmala Pant case three years ago.However, with little or no help from an uncaring state and despite roadblocks and limitations, Nepali women have broken stereotypes, challenged gender roles and have achieved as much, if not more, than their privileged male counterparts. We have featured some of them in this International Women’s Day Special Issue of Nepali Times. <img width="126" height="150" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110111152/636cd7dc9c7e80680e092e0bjpeg.jpg" alt="">And perhaps it is a sign of times that women, particularly in the urban centres <a href="https://www.nepalitimes.com/latest/nepali-women-turn-their-backs-on-misogyny/" target="_blank" rel="noopener noreferrer">do not accept discriminatory laws and archaic patriarchal values</a> anymore, they fight for their rights, advocate and speak out despite <a href="https://archive.nepalitimes.com/article/nation/Online-violence-against-women,2915" target="_blank" rel="noopener noreferrer">vicious online trolls</a>, attempts at character assassination and threats of abuse and death.At the same time, <a href="http://archive.nepalitimes.com/article/editorial/Nepal-land-of-our-daughters,2901" target="_blank" rel="noopener noreferrer">women have transformed the landscape of rural Nepal</a>. Partly, this is because the men are missing: gone abroad for work. This is where women’s empowerment is most felt, they till the farms, <a href="https://www.nepalitimes.com/banner/women-hold-up-more-than-half-the-sky/" target="_blank" rel="noopener noreferrer">build highways</a>, lead community forestry groups, run schools.During the 2015 earthquakes, it was the women who kept the families together and <a href="https://nepalitimes.com/article/Nepali-Times-Buzz/mountains-without-men-sindhupalchok,3585" target="_blank" rel="noopener noreferrer">rebuilt homes</a>. New studies show that women-headed households have fared far better during the economic crisis caused by the pandemic.Given the chance, Nepali women have also time and again proven their mettle in leadership positions. After the local elections in 2017, <a href="https://www.nepalitimes.com/latest/women-leaders-set-example-for-rest-of-nepal/" target="_blank" rel="noopener noreferrer">Hupsekot in Nawalparasi</a> and Jumla became two municipalities in which <a href="https://www.nepalitimes.com/here-now/jumlas-great-leap-into-the-future/" target="_blank" rel="noopener noreferrer">women were voted both chair and deputy</a>. In most others, deputy mayors are required by law to be women if the mayor is a man.Mayor Kantika Sejuwal of the Nepali Congress and vice-mayor Apsara Devi Neupane of the NCP have <a href="https://www.nepalitimes.com/banner/holding-up-the-whole-sky-in-jumla/" target="_blank" rel="noopener noreferrer">together improved</a> education, farming, nature conservation, and now Covid-19 management in Jumla. The chest-thumping male leaders of the NCP in Kathmandu should be ashamed of themselves.Imagine what we could have achieved if the Jumla and Hupsekot model was replicated in more of Nepal’s 736 municipalities, 17 cities, and the Central Government. Only 3 in the 22-member Cabinet are women, and women in politics are still largely confined to the kind of ceremonial roles ascribed to President Bidya Devi Bhandari.We might boast of having one of the largest female representations in Parliament but few have a say in matters of importance. We need to encourage <a href="https://www.nepalitimes.com/banner/women-leaders-seen-but-not-heard/" target="_blank" rel="noopener noreferrer">female politicians</a> who dare to stick to principles inctead of over-scrutinising them for just being women.Similarly, <a href="https://www.nepalitimes.com/opinion/uneven-pandemic-impact-on-nepali-women/" target="_blank" rel="noopener noreferrer">80% of Nepal’s labour force is female</a> but they continue to be restricted to the ‘informal sector’. We have to utilise their full potential and promote equality at home and in the workplace for women to gain economic independence.International Women’s Day on 8 March must not be limited to tokenism. We have to strive for gender equality in every sphere of life as if every day is women’s day. We must pay special heed to the doubly-discriminated women from Dalit and other excluded groups, as well as gender minorities who identify themselves as women.Nepal’s progress in public health, education, nutrition and poverty alleviation is directly proportional to increased female literacy. What needs to change now are laws, cultural norms and values that <a href="https://www.nepalitimes.com/editorial/3-4th-of-the-sky/" target="_blank" rel="noopener noreferrer">still treat women as half-citizens</a>.Sonia Awale

Sonia Awale

Everyday as if it is Women’s Day

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc399c7e80680e08bc0fjpeg.jpg" alt="" width="1280" height="853"/><figcaption>Photo: NEPALI TIMES/ARCHIVES</figcaption></figure>Communist parties the world over are obsessed with anniversaries. October Revolution Day, Mao Zedong’s Birthday, North Korea’s Day of Victory in the Great Fatherland Liberation War, etc.In Nepal, the Maoist party used to commemorate its <a href="http://archive.nepalitimes.com/article/editorial/20-years-wasted-in-war,2850" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/article/editorial/20-years-wasted-in-war,2850&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNHGEznCvktgEt5usFy1rycNiTsQxA">‘People’s War Day’ on 13 February</a> with much fanfare. This year, except for a book launch by former Maoist ideologue Baburam Bhattarai, the anniversary went largely unmentioned and unnoticed.Perhaps it was intentional, since the warring sides now represent the state, and the Maoists who were till 2006 executing UML cadre, have joined hands in the NCP. They are each other’s throats again, but that is another story.For the former guerrilla commanders, this is no time to rake things up and mark the anniversary of an armed struggle that ended up killing more than 17,000 Nepalis in ten years.It was on the night of <a href="http://www.nepalitimes.com/blogs/thebrief/2015/02/16/making-war-on-the-day-of-love/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://www.nepalitimes.com/blogs/thebrief/2015/02/16/making-war-on-the-day-of-love/&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNFpDc6yTgkFhvUV75qSDT5o5vcMuQ">13 February 1996</a> that a group of Maoist guerrillas led by Nanda Kishore Pun and Barsha Man Pun crept up a mountain and attacked a police post in Holeri of Rolpa district. <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/10/31/ex-guerrilla-is-vice-president/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/2015/10/31/ex-guerrilla-is-vice-president/&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNH8FobNTS5watPUN4BU8Gnm_WuKPA">Nanda Kishore Pun</a> is now vice-president of the republic, and Barsha Man Pun was till December Energy Minister in the NCP government.The ‘revolution’ began <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/02/16/making-war-on-the-day-of-love/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/2015/02/16/making-war-on-the-day-of-love/&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNGZ5eDzMaf5LfBl1IOrQg778aVc4w">a day before Valentine’s </a>with simultaneous attacks on police stations in Gorkha, Kavre, Sindhuli. A week previously, Bhattarai had handed over a list of 40 demands with a two week ultimatum to Prime Minister Sher Bahadur Deuba. Among them: a ban on Hindi movies, scrapping of the 1950 India-Nepal treaty, stopping Gurkha recruitment and curtailment of the power of the monarchy.Deuba ignored the demands, most of which were beyond his power to fulfill. In any case, the Maoists had no intention of waiting two weeks, and launched the attacks with World War I vintage rifles and khukri.Deuba was too distracted with infighting within his Nepali Congress party, and ignored the escalating violence in the countryside. When he did react, police retaliation was so brutal and arbitrary it ended up pushing ordinary people, who had wanted no part in the war, into the Maoist fold.The Maoist rationale for armed struggle was the belief that feudalism was so deeply entrenched in Nepal that parliamentary democracy was no solution. A Mao-style protracted armed struggle was needed to counter the structural violence of the state. This was partly true. The state apparatus had tried to ensure in successive elections in the early 1990s that Samyukta Jana Morcha, the electoral front of the Maoists, would not be able to expand its presence in the party’s stronghold in the mid-western mountains.The insurgency was an attempt to short-circuit liberal democracy and constitutional monarchy that had just been established six years previously through the first People’s Movement of 1990.In fact, the outlines of a new Nepal were just starting to appear: the open market was attracting foreign investors, jobs were being created, the press was free, and the Decentralisation Act devolved power to the grassroots for the first time. The impact of accountable local government on development and service delivery was starting to be felt when the insurgency ignited.For the Maoists, who believed political power came from bullets not ballots, these elected <a href="http://archive.nepalitimes.com/regular-columns/This/noble-ends-noble-needs,620" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/regular-columns/This/noble-ends-noble-needs,620&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNEj9I7GF-kwmEz5hM-b1eSF3j1lgA">village government units became rivals</a>. Which is why, after the police, their first targets were popular local leaders. By the end of the conflict in 2006, most village council buildings had been bombed and local leaders had either been killed, or forced to flee.There is no doubt that for the Maoist leaders as well as the forces inside and outside Nepal  backing them, the sole purpose of the armed struggle was  power. However, because the objective conditions for revolution were so conducive due to social injustice, exclusion and inequity, the spark the Maoists lit in Holeri in 1996 spread like wildfire.Twenty-five years after the war started, and nearly 15 years after it ended, there is not much to show for it. Yes, Nepal is now a secular, federal republic, but that has not made much of a difference to the everyday life of citizens. In fact, the promise and sacrifices of the revolution have been squandered, and parties calling for a rollback of a Hindu state and even monarchy are gaining traction.The Maoist party is itself divided between those in the government of Prime Minister K P Oli and others loyal to Maoist supremo Prachanda. Other former UML leaders have joined hands with erstwhile Maoist comrades. Wartime excesses have not been addressed, and the state is actively ensuring that the transitional justice mechanism is toothless.The end of war has not meant peace. The legacy of war can still be seen in the residual violence and impunity, the message is that you can get away with extortion and murder, rape and torture.An armed struggle was not necessary for political change in 1996, violence was never the answer. However, the precursors of conflict are still present in Nepal, and history can repeat itself unless we build a just, egalitarian, inclusive and accountable polity.

End of war is not peace

<figure><img width="1492" height="996" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101136/636b74e29c7e80680e0623bajpeg.jpg" alt=""/><figcaption>Ex-House Speaker Krishna Bahadur Mahara with jubilant supporters on Monday outside the Kathmandu District Court which acquitted him on charges of attempt of rape of a college in September. </figcaption></figure>Former Speaker of the Nepal Parliament Krishna Bahadur Mahara was acquitted by the Kathmandu District Court of case in which he was <a href="https://www.nepalitimes.com/latest/mahara-arrested/" target="_blank" rel="noopener">accused of the attempted rape</a> of a colleague in October last year.Chief judge Ambar Raj Poudel ruled that there was not enough evidence to implicate <a href="https://www.nepalitimes.com/latest/plot-thickens-in-nepal-speaker-rape-case/" target="_blank" rel="noopener">Mahara</a> in the case. Mahara had been in Dilli Bazar Jail during the investigation and court proceedings since 3 November 2019. The state prosecutor office had used evidence provided by Police and asked for a seven year sentence on the charge of attempted rape.However, even though the court had asked for a polygraph test and DNA report on Mahara the police had been unable to provide them after <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">the former Speaker</a> refused to comply. Mahara had resigned from his post, and after the criminal case was filed he was automatically evicted from his parliamentary seat. Read also: <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">The rise and fall of Comrade Mahara</a>, Sewa Bhattarai and Sanghamitra SubbaThe victim had accused Mahara of arriving in her room on 29 September at 7pm with a bottle of alcohol when her husband was not there, and tried to rape her. She complained verbally to the police at 8:45pm that Mahara had tried to rape her and beat her. added that he had beaten her up when she resisted. <figure><img width="1500" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101136/636b74e69c7e80680e0623bbjpeg.jpg" alt=""><figcaption>Photo: RSS</figcaption></figure>Maharajganj police DSP Durga Raj Regmi arrived at the alleged victim’s room at 9:10, shot a video of the room, and asked the woman to accompany him for a medical exam. She refused, saying she would first wait for her husband to return.DSP Regmi returned to the alleged crime scene the next morning and retrieved a half-finished bottle of alcohol, a glass, and snacks. He also found a broken pair of glasses and the sole of a shoe. The evidence was all presented to the court.Read also: <a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/mahara-arrested/" target="_blank" rel="noopener">Mahara arrested</a>After first calling the police, the woman in question refused to further cooperate with teh investigation and changed her statement several times. But there is evidence that she called the Nepali Congress MP Uma Regmi at 11pm to help her.The police report adds that Mahara’s bodyguard and driver said they had waited below the woman’s room while Mahara went up. Mahara himself denied ever going up, even though police presented a CCTV clip showing him leaving the room at 8:32:45pm that night. Mahara also refuted claims that he had a bottle of whiskey with him, and said he only drank red wine on doctor’s advice.  Police said that the grade on the spectacles retrieved from the room matched that of Mahara’s prescription.   Police presented an SMS message from Mahara to the woman which said: ‘Forget about yesterday. Forgive me.’ The medical report of the woman also detailed evidence of beatings. In a curious turn of events, the woman herself said she was “very happy” about the verdict and thanked the district court. In a phone interview with Himal Khabarpatrika on Monday, she said: “I am happy because Mahara Sir suffered an injustice, and so did I. I have been denying the incident since that day itself, but everyone including the media and police out pressure on me. Today we got justice.”She also accused the police of detaining her for nine hours and forcing her to file the complaint. She added: “It looks like our society talks about women’s rights, but perpetrated injustices against women.”Meanwhile, the deputy state prosecutor Num Raj Khanal said: “We think we have enough evidence against Mahara. WE are going to appeal this case.”Mahara has been released from jail, and can now assume his MP position the House, and avail himself of all his perks and salaries. However, if the higher court declares him guilty he could lose that post again.

Mahara acquitted

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71259c7e80680e0600b7jpeg.jpg" alt="" width="1100" height="1031"/><figcaption>Illustration : DIWAKAR CHHETRI</figcaption></figure>The Nepal Communist Party (NCP) government completes two years in power next month. Despite its <a href="https://www.nepalitimes.com/editorial/two-thirds-empty/" target="_blank" rel="noopener">strong majority</a>, the party’s performance has been underwhelming.It may look like the NCP is just lurching from one embarrassing cockup to another. But there are signs the party may have A Plan. That all along, it has been aiming not for ‘stability and prosperity’, but for the <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">extension of control</a>, the <a href="https://www.nepalitimes.com/editorial/rule-by-law/" target="_blank" rel="noopener">stiffling of dissent</a>, the intimidation of critics, the <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">muzzling of the media</a> and the constriction of civil society. There is even a systematic strategy in place to roll back the development gains of the past decades.Read also: <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener">14 years after conflict, no closure in Nepal</a><a href="https://www.nepalitimes.com/editorial/crushers-of-justice/" target="_blank" rel="noopener">Crushers of justice</a>, EditorialGiven that power is centralised in Baluwatar, the plan is obviously being hatched at the Prime Minister’s Office. There may be a <a href="https://www.nepalitimes.com/here-now/which-way-nepali-politics-in-2020/" target="_blank" rel="noopener">power struggle at the top</a> between Prime Minister Oli and his comrade Pushpa Kamal Dahal, but on matters of control and domination the party has <a href="https://www.nepalitimes.com/here-now/one-body-two-heads/" target="_blank" rel="noopener">one body with two heads</a>.The Cabinet has zero accountability and no performance evaluation. Instead, ministers regularly threaten critics with crude scare tactics. They take their cues from Prime Minister Oli, who last week accused editors in the Nepali media of being “without hearts”. It is true that the criticism of Oli across a broad-spectrum of the national media over <a href="https://www.nepalitimes.com/here-now/the-business-of-politics-undermines-nepals-democracy/" target="_blank" rel="noopener">his dealings with the Yeti Group</a> has been relentless, but we have received no satisfactory explanation of why the consortium gets preferential treatment in leases of former royal property by the Nepal Trust.The government’s actions over the past two years may seem ad hoc and haphazard, but taken together there appears to be a method to the madness. Let’s take the <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">sidelining the NCP’s own Shivamaya Tumbahangphe</a> and the bullheaded approach to replace a <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">rape-accused Speaker</a> with a murder-accused Speaker. If we had to cite just one example of why there is <a href="https://www.nepalitimes.com/latest/getting-away-with-murder/" target="_blank" rel="noopener">impunity and blatant flouting of the rule of law</a> in this country, the appointment of <a href="http://archive.nepalitimes.com/blogs/thebrief/2011/05/31/hearing-set-for-case-against-minister-agni-sapkota/" target="_blank" rel="noopener">Agni Sapkota</a> to the post of Parliament Speaker is it.Read also: <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">No Speaker, no Parliament in Nepal</a>, Sewa BhattaraiEver since the end of the conflict 14 years ago, the Maoists, the UML, NC and the security forces have been <a href="https://www.nepalitimes.com/banner/yesterdays-enemies-todays-comrades/" target="_blank" rel="noopener">partners in crime</a> in sweeping their combined <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">wartime atrocities</a> under the carpet. Families of the victims and survivors of the war demand justice and truth, but every government since 2006 has tried to rig the <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener">transitional justice</a> mechanism, and not a single perpetrator has been brought to trial. In fact, perpetrators get to lead Parliament.Agni Sapkota is accused of murdering <a href="https://www.himalkhabar.com/news/111027" target="_blank" rel="noopener">Arjun Lama, an activist of the UML</a>, in Kavre in 2005. The irony of it all is that the UML and the former Maoists are now unified in the Nepal Communist Party. After years of struggling for justice for her husband, Purnimaya Tamang finally told this paper this week: “I have lost all hope for justice now.”Pushpa Kamal Dahal may have been technically right in stating last week in Chitwan that he was responsible for the deaths of “only” 5,000 of the 17,000 people killed during <a href="https://www.nepalitimes.com/latest/nepals-transition-to-peace-needs-justice/" target="_blank" rel="noopener">the conflict</a>. But who is keeping count? If this vulgar non-repentance rattled many Nepalis, imagine what it did to the families of the disappeared and the survivors of that terror-filled decade.One of the provisions of the Comprehensive Peace Accord signed in 2006 was the establishment of a <a href="http://archive.nepalitimes.com/regular-columns/One-To-Many/victims-waiting-for-justice,698" target="_blank" rel="noopener">Truth and Reconciliation Commission (TRC) and a Commission for Investigation on Enforced Disappeared Persons (CIEDP)</a>. But all governments since have conspired to make these commissions ineffectual by appointing party loyalists to their senior positions so that no one ever has to answer for war crimes. This week, the NCP and NC appointed new handpicked commissioners to the TRC and CIEDP.Aside from transitional justice, the NCP has been trying to dismantle just about every sector in which Nepal has done well. There are <a href="https://www.nepalitimes.com/from-the-nepali-press/taking-away-forests-from-communities/" target="_blank" rel="noopener">attempts to dilute the laws</a> governing <a href="https://www.nepalitimes.com/banner/who-now-owns-nepals-forests/" target="_blank" rel="noopener">community forestry</a>. Pushpa Kamal Dahal hinted in Madi last week that he intended to change the by-laws governing Chitwan National Park. Under pressure from the fossil fuel lobby, the Finance Ministry is said to be thinking of scrapping <a href="https://www.nepalitimes.com/banner/nepals-electric-transport-future-is-here/" target="_blank" rel="noopener">the tax rebate on electric vehicles</a>. And this week, the Home Ministry was reported to be drafting a new Social Organisations Act which will allow it to close down non-government organisations it does not like.Taken together, it is not hard to see what the NCP has been working hard to do in the past years. In an Orwellian sense, when the party said ‘stability’, it always meant ‘control’.<h2>10 years ago this week</h2>...The <a href="http://archive.nepalitimes.com/news.php?id=16728" target="_blank" rel="noopener">analysis by Ashutosh Tiwari</a> in <a href="http://archive.nepalitimes.com/issue/486" target="_blank" rel="noopener">issue #486 of 22-28 January 2010</a> shows us how the power centre may have shifted in the last ten years, but the lust for power among our political leaders remains the same. As two Communist alpha males continue to battle it out in the ruling NCP, the latest casualty is the post of Speaker, with the sidelining of Shivamaya Tumbahangphe in favour of a murder-accused candidate: Even accounting for politicians’ lust for power, what’s wrong with our particular democratic structure that keeps on returning the same old politicians to power no matter how many Roman numeral andolans we have?On the outside, our system has the requisite avatar of a democracy (multiple parties, elections, political horse-trading, etc). Dig deeper, and you will find that it’s not the voters who call the shots but the party leaders, who have designed their parties’ internal structures in such a way as to keep them in power for as long as they live. Voters can express resentment, but come election time, they have to choose among the same menu of candidates.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71289c7e80680e0600b8jpeg.jpg" alt="" width="513" height="800">...

THE TWO - YEAR ITCH

<figure><img width="1500" height="996" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110815110/636a60fa9c7e80680e056ea9jpeg.jpg" alt=""/><figcaption>Photos: SEWA BHATTARAI</figcaption></figure>Children sit in a circle experimenting with different colours on palettes at a shelter in Godavari one morning this week. Some design flowers in bright colours, others draw homes nestled below mountains.Many of the children are survivors of rape or domestic violence, from rural parts of Nepal. The one thing they have in common is mental trauma.For Colombian painter Dairo Vargas (pictured with students of Kitini College) who is coaching these and other Nepali children, the situation is very familiar to that of his own country. Vargas himself suffered depression as a teenager, and believes art can be a great healer in a country wracked by war.“When I was depressed, I could not focus on anything. But when I start painting, I am able to concentrate on what I am creating. That gives me a sense of calm, and slowly helped me overcome depression,” says Vargas, who now helps others like him around the world.Read also: <a href="https://www.nepalitimes.com/review/365-is-not-just-a-number/" target="_blank" rel="noopener">365 is not just a number</a>, Sewa BhattaraiNepal and Colombia share the common <a href="https://www.nepalitimes.com/here-now/its-all-in-the-mind/" target="_blank" rel="noopener">burden of war trauma</a> — people in both countries today struggle with the violence of their past, and seek closure. Nepal signed a peace accord with the Maoists in 2006, and Colombia made peace with the FARC rebel group 10 years later, ending a conflict that killed over 220,000 people and displaced 7 million.While many victims and their families have received compensation for physical wounds or loss in Nepal, mental trauma has been largely ignored. Likewise, various studies indicate that up to 40% of the population in Colombia suffer from mental illness at some point, and lifetime prevalence may be up to 20%. There too, the Ministry of Health has recognised that the issue is under-reported and inadequately addressed.Vargas works with former FARC guerrillas and others in Colombia who suffer post-traumatic stress, but finds it hard.“Of course the guerrillas have many mental health issues, but they are not happy to do anything about it at the moment. Also, they have made so many enemies in society that reintegrating them is very difficult,” he says.Read also: <a href="https://archive.nepalitimes.com/article/nation/stigma-and-silence-mental-health-nepal,3486" target="_blank" rel="noopener">Stigma and Silence</a>, Ketan Dulal <img width="750" height="563" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110815110/636a60fd9c7e80680e056eaajpeg.jpg" alt="">Vargas is attempting to bring his own experience in Colombia to fill this gap in Nepal. His mission is to spread awareness about mental illness, and make painting more accessible to traumatised people through his movement #TheArtListens. He is using the technique with children at a shelter for rescued children in Godavari, where they paint, sketch and draw.As in Colombia, mental health is <a href="https://archive.nepalitimes.com/article/nation/stigma-and-silence-mental-health-nepal,3486" target="_blank" rel="noopener">still a stigma in Nepal</a>, especially for families of the disappeared, children who witnessed violence and victims of war rape.These survivors rarely seek help, even though a 2012 study showed 80% of conflict-affected people suffer anxiety and depression, 50% have <a href="http://archive.nepalitimes.com/article/nation/psychological-scars-of-maoist-conflict-on-young-survivors-take-longer-to-heal,1519" target="_blank" rel="noopener">PTSD (post-traumatic stress disorder</a>), and former child soldiers are far more likely (45-50%) to suffer from these symptoms than children never conscripted (20-37%). Social reintegration continues to be a challenge, and many former combatants and relatives suffer stigma.Suraj Koirala of TPO (Transcultural Psychosocial Organisation) has surveyed and counselled many <a href="http://archive.nepalitimes.com/news.php?id=16930#.Xa_KL-Yza70" target="_blank" rel="noopener">conflict-affected Nepalis</a>, and says the most common problems are depression, anxiety and PTSD.“Children and women have suffered the most, and it is prolonged for victims of sexual abuse and family members of the disappeared,” says Koirala.Read also: <a href="https://archive.nepalitimes.com/article/nation/Neglect-of-the-neglected,3157" target="_blank" rel="noopener">Neglect of the neglected</a>, Bibhav Acharya And Soniya HirachanOne of them is Bhagiram Chaudhary of the Conflict Victims’ Common Platform, whose brother and sister-in-law were disappeared during the conflict but who has never sought counselling or therapy.“If I see anyone who looks like my brother, I still take a second look, wondering if it is him,” he says. “We are unable to perform his last rites, because we don’t know if he is still out there. Not having closure means that we are still undecided about how to take our life forward.”Gita Rasaili of the Conflict Victims’ National Network was 13 when she saw soldiers taking away her sister. Her family later found the decomposed remains of her body. After that, Rasaili’s mother used to faint often and was unable to perform household chores. After years of therapy, she did get better.“There are many war victims like me who suffer from mental health crises, but we do not recognise it and never seek help,” says Rasaili. “If you go to a mental hospital people think you are mad. A lot more needs to be done for the nation to heal.”Read also: <a href="http://archive.nepalitimes.com/article/nation/psychological-scars-of-maoist-conflict-on-young-survivors-take-longer-to-heal,1519" target="_blank" rel="noopener">Post-conflict stress syndrome</a>, Taylor CaldwellLike Rasaili, other war survivors suffer from symptoms like lack of sleep and concentration, inability to focus, disruptive memories and depression. The bigger concern is that these problems could transcend generations.“If parents are unable to deal with trauma and express their mental state in unhealthy ways, their children could be impacted as well,” says Koirala of TPO. “Social reintegration is already difficult for combatants, and this could create another generation of outcasts.”As in Colombia, some victims of the conflict and <a href="https://www.nepalitimes.com/here-now/its-all-in-the-mind/" target="_blank" rel="noopener">the 2015 earthquake in Nepal</a> have found ways to express themselves through art. Rasaili keeps a journal, saying it helps her find relief from stress, and she knows others who paint and sketch. But they all found these outlets through personal effort — there is no systematic approach to artistic therapy in Nepal. <img width="750" height="563" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110815110/636a61009c7e80680e056eabjpeg.jpg" alt="">Says Vargas: “Traumatised people often cannot express their suffering to other people, and art is a space where they can free themselves. Completing a piece of art also helps the brain make connections, and gives a sense of achievement and confidence.” Read also: <a href="https://www.nepalitimes.com/banner/ashna-comes-out-of-the-black/" target="_blank" rel="noopener">Ashna comes out of the black</a>, Sewa Bhattarai

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