<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131156/63723b799c7e80680e0c95c1jpeg.jpg" alt="" width="4096" height="2353"/><figcaption>Photo: MONIKA DEUPALA</figcaption></figure>The Ass has been reminded that this paper takes a break over Dasain, and we skip one issue next week. Yay! Also, there is a full page nude on the back page. Double Yay! But the editor tells me I still have to submit my weekly column. Nay!It is therefore incumbent upon yours truly to circulate this strong internal memo against the media typhoon who owns this paper who sold his soul to Mammon, sacrificing the donkey’s designated Backside place and squeezing the Ass into this obscure inside section.I will therefore not beat around the burning bush indulging in frivolous chitchat, supposedly witty repartees, idle banter, lame puns, below the belt innuendos about the Prime Minister, ridiculing the President’s taste in upholstery from the Ministry of Interior Decoration, or muttering allegedly hilarious asides about the posterior body parts of some prominent members of the Council of Ministers.No, today we shall tackle deadly serious national issues so that we can roll our loins and gird up our sleeves to ensure that Fedex Elections are held as scheduled in November. We should doubly redouble our efforts to protect the Constitution (the world’s best, in fact) that ensures politicians of all hues and cries have equal rights in our democracy to pillage and plunder.We now break our usual programming for this important grabberment announcement:Hear ye, her ye! It is hereby notified to all concerned that this year’s Dasain festival has been postponed until further notice because of the need for belt-tightening during these tumultuous times.All concerned should watch this space for new Dasain dates, but it will most probably be next April, when it will be held in conjunction with New Year 2080 in order to reduce Nepal’s petroleum import bill and the country’s carbon footprint.There will also be a moratorium on mountain goat imports from Tibet till next April because of our balance of trade deficit with China. Water buffalos have also been included in the list of ‘luxury items’ together with iPhone 14s, Old Monk Rum, and Odomos mosquito repellent creams, that are currently restricted for import to save Indian currency reserves from further depletion.Mountain goats and buffaloes will therefore be allowed to carry on with their daily lives until such time as they may again be required to be decapitated in the epic struggle of good against evil next April. For further information, contact the Dept of Humanitarian Sacrifices.Despite austerity, MPs in the prorogued Parliament who knew their days were numbered voted themselves fat Dasain bonuses. Former Chief Justices, Ministers, and Reps in the August House had till end-August to award themselves posthumous pensions so they can keep on enjoying legislative perks, and official cars in their afterlife.As you may have heard, Prime Minister Dubya has decided to give election tickets to Baddie candidates recommended by Comrade Awesome rather than to dissidents within his own party who could challenge The Foremost Lady in future. These tickets are so sought after that they are being sold in the black market, or so I am told.

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Dasain is postponed

<figure><img width="3600" height="2400" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131144/637238b99c7e80680e0c73a0jpeg.jpg" alt=""/><figcaption>Prime Minister Sher Bahadur Deuba and President Bidya Devi Bhandari join Constitution Day celebrations at Tundikhel on Monday. Photos: RATNA SHRESTHA/RSS</figcaption></figure>Monday 19 September marks the seventh anniversary of the promulgation of the Constitution, and it comes just two days after the first Parliament elected under that federal system was dissolved to pave the way for elections in November.This is a good time to take stock of those five years of Parliament and seven years of the Constitution. Spoiler alert: the report cards on both are not good.The 2015 Constitution was finally finalised after two elections to Constituent Assemblies, and was itself an outcome of the armed struggle waged by the Maoist party from 1996-2006. The very fact that 17,000 Nepalis were killed for the monarchy to be abolished should have made the new secular, federal, democratic republic worth dying for. Alas, the past seven years have proven otherwise.Read also: <a href="https://www.nepalitimes.com/editorial/affirmative-inaction/">Affirmative inaction</a>, EditorialThe Constitution was fast-tracked after the 2015 earthquake because the Nepali Congress-led coalition government was AWOL. To make up, it hurriedly passed the Constitution despite demands for greater autonomy from Madhesi and other groups. There was violence in the Tarai, and then New Delhi expressed its displeasure by punishing quake-ravaged Nepal by enforcing a border blockade for six months.A Constitution is a rulebook for governance, and is by definition work in progress. It needs to be tweaked to respond to changing aspirations and mores of the citizenry. But the past seven years have shown that the ones who made the rules think they were made to be bent and broken. Following the rule in Nepal is an exception, rather than the rule. It is the rule of the lawless.The first elections under the new Constitution were held in 2017 for all three tiers of government. There were some progressive provisions that mandated greater participation of women, the excluded and indigenous groups. Citizens had a chance to elect mayors, chairs and councilors to local governments with inclusive representation. Read also: <a href="https://www.nepalitimes.com/here-now/all-politics-is-local/">All politics is local</a>, Sahina Shrestha <img width="1000" height="583" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131144/637238be9c7e80680e0c73a1jpeg.jpg" alt="">The electoral alliance of the UML and the Maoists swept that election, and the two parties united in 2018 to form the Nepal Communist Party (NCP). There was hope at last that with its strong majority in Parliament and an egalitarian agenda (at least in theory) the Communists would work for the welfare of the people.It took barely a year for those hopes to be dashed. The NCP’s two leaders, K P Oli of the UML and Pushpa Kamal Dahal of the Maoists, had a secret arrangement to take turns at prime ministership, but after Oli survived a second kidney transplant, it seems the deal fell through. The power struggle between these two alpha males ultimately brought down the government, and led to the NCP splitting into the UML and Maoist Centre again.Oli tried twice to dissolve Parliament in violation of Constitutional provisions, and was struck down both times by the Supreme Court under Chief Justice Cholendra SJB Rana. It is a supreme irony that even as the country marks Constitution Day, the country’s Chief Justice is under semi-house arrest for what appears to be political vendetta. Rana was prevented from going to his office this week after the dissolution of the Parliament that was debating an impeachment motion against him. Rana was not known for unblemished integrity, but had disallowed unlawful dissolution of Parliament. In the end, his staunchest defender has turned out to be the very K P Oli whose government was ousted by Rana’s Supreme Court verdict last year.Read also: <a href="https://www.nepalitimes.com/editorial/reward-performance/">Reward performance</a>, EditorialNone of this is surprising. The practice of distributing appointments among short-term allies (bhag-banda) has been the curse of Nepali politics for decades. In 2017, Oli and Dahal divided up between themselves appointments of the office of President, House Speaker, Chief Justice, other constitutional bodies, chief ministers, and even ambassadorships. The division of the spoils got even more extreme since the present coalition came to power since all five members had to be appeased. Neither Parliament nor the Constitution could meet the people’s expectations for better governance, equity and justice because both were held hostage by inter- and intra-party feuds. Their power struggles have been played out in Parliament, where protagonists have blatantly violated the Constitution to gain the upper hand. Ordinances were weaponised as ordnances. Nepal’s federal Constitution was supposed to devolve power to local bodies, they have instead let lack of accountability trickle down to the grassroots. It was meant to decentralise decision-making, but decentralised corruption instead.The November elections offer hope to change all this. It is now up to the people to oust the six elderly gentlemen men who have monopolised, misruled and abused power for decades and bring in a new crop of representatives who understand what the Constitution stands for.Read also: <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/">Political expediency trumps Nepal Constitution</a>, Santa Gaha Magar

Rule of the lawless

<figure><img width="1400" height="1051" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410118/637205959c7e80680e0b28c5jpeg.jpg" alt=""/><figcaption>Photo: BIKRAM RAI/NEPALI TIMES</figcaption></figure>When the second wave hit Nepal in May 2021, <a href="https://www.nepalitimes.com/here-now/helping-nepalis-breathe-again/" target="_blank" rel="noopener noreferrer">city hospitals ran out of ICU beds and oxygen</a>, and politicians in Kathmandu appeared helpless, local governments across Nepal sprang into action.In Helambu, village chair <a href="https://www.nepalitimes.com/latest/rural-nepal-fights-back-covid-19/" target="_blank" rel="noopener noreferrer">Nima Galgen Sherpa</a> set up action teams in each ward to go house-to-house looking for people with symptoms. They were tested on the spot and told to isolate or quarantine. This strategy did not burden overwhelmed hospitals, and helped contain the contagion. Chair Laxmi Pandey and vice-chair Kopila Malla of <a href="https://www.nepalitimes.com/latest/women-leaders-set-example-for-rest-of-nepal/" target="_blank" rel="noopener noreferrer">Hupsekot of Nawalparasi district</a> worked together to trace, test, and treat Covid-19. Ever since they were elected in 2017, these two women leaders, despite belonging to different political parties, have set a new benchmark for education, agriculture and nature conservation in rural Nepal. Dhawal Shumsher Rana was r<a href="https://www.nepalitimes.com/here-now/rana-regime-restored-in-nepalganj/" target="_blank" rel="noopener noreferrer">e-elected mayor of Nepalganj</a> in 2017, and built on a solid track record of good governance and transparency to upgrade urban infrastructure, and improve service delivery in his border city.All these local government leaders have one thing in common: serving their constituents. That is what politics is all about, not the <a href="https://www.nepalitimes.com/here-now/nepal-ruling-party-feud-affecting-covid-19-response/" target="_blank" rel="noopener noreferrer">mad scramble for power in Kathmandu</a> that has held Nepal back for decades. The mayors and their deputies may be from different parties, but that almost does not seem to matter since the needs of their constituents are the same.Even as national-level politicians in Kathmandu <a href="https://www.nepalitimes.com/editorial/polls-in-the-time-of-pandemic/" target="_blank" rel="noopener noreferrer">dither about local election dates</a>, these grassroots leaders have shown in just five years what is possible when the people they serve are put first.To be sure, not all local leaders have been honest and accountable. A survey in this paper in 2018 showed that more than <a href="https://archive.nepalitimes.com/article/from-nepali-press/Elected-contractors,4182" target="_blank" rel="noopener noreferrer">one-third of elected mayors were contractors</a>. They went on to take corruption to new heights, as illustrated in our investigation of illegal sand-mining in the Tarai.Putting aside these bad apples, there are plenty of examples of responsive and responsible local governments who have now served five years. <a href="https://www.nepalitimes.com/latest/nepal-coalition-dilly-dallying-on-polls/" target="_blank" rel="noopener noreferrer">Local elections cannot be postponed</a> just because some national leaders think they will lose. Prime Minister Sher Bahadur Deuba must over-ride opposition from two of his coalition partners, follow the Constitution and safeguard the gains of the past five years.Srijana Tamang is vice-chair of Jugal Rural Municipality, and together with other local leaders we profile in this edition she best understands what the needs of her people are.“They know where we live, they have our number, it is easy for people to tell us about their needs. They can come to our homes and complain about the work we are doing or encourage us to do better,” Tamang told us.Local government elections were the first to be held after Nepal moved to <a href="https://www.nepalitimes.com/editorial/volatile-mix-of-politics-and-religion/" target="_blank" rel="noopener noreferrer">federalism</a> following the 2015 Constitution, so it was up to elected representatives to institutionalise it. It became a learning platform for the other two governments in the exercise of federalism and democracy.There were also many good practices that came with the 2017 local elections. For one, it was significant in advancing <a href="https://archive.nepalitimes.com/article/nation/including-the-excluded-women-dalit-women-in-local-elections,3742" target="_blank" rel="noopener noreferrer">female representation</a> in the political sphere of Nepal, and helped bring minorities forward in local governments. Each local tier of government could also function on its own, making policies and taking action to answer the needs of their constituencies.As per Nepal’s Local Election Act 2017, voting for all 753 local units must be held by 19 March. The EC has proposed 27 April and 5 May dates. Leaders of the Maoist Centre and Unified Socialists are so wary of faring badly in local polls, that they want to use a loophole in the law to have it postponed. But all the local leaders Nepali Times spoke to this week spoke with one voice: local elections should be held as scheduled. Local government elections are a mechanism that allows Nepalis to vote for the leaders they want: keep the ones who have done good work, replace those who have not lived up to expectations. Or, maybe experiment with a new face altogether. <a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/dance-of-democracy/" target="_blank" rel="noopener noreferrer">Pushing back the dates or aborting local elections</a> will be a disservice to Nepalis, undermine the democratic values the nation stands on, and push back development.Arjun Mabuhang, Chair of Laligurans Municipality in Tehrathum sums it up: “It is written in the Constitution that local elections have to be held on time. Choosing their local representatives is the people’s right. Whether they want to keep us or replace us is up to them. The national parties in government should respect that.”Sahina Shrestha

Sahina Shrestha

Think nationally, vote locally

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02849c7e80680e0a3685jpeg.jpg" alt="" width="2048" height="1364"/><figcaption>President Bidya Devi Bhandari and Prime Minister Sher Bahadur Deuba attend Constitution day celebration at the army pavilion on Tundikhel on Sunday. Photos: RSS</figcaption></figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02889c7e80680e0a3686jpeg.jpg" alt="" width="640" height="426"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d028b9c7e80680e0a3687jpeg.jpg" alt="" width="640" height="426">Nepal’s new federal constitution was promulgated in 2015, but even six years later it is a contested document. While President Bidya Devi Bhandari, Prime Minister Sher Bahadur Deuba were attending a regimented celebration at the army pavilion on Tundikhel, demonstrators nearby were getting ready to march to Parliament to protest the document.The anniversary of the Constitution on 19 September also this year coincided with the start of the Indra Jatra festival, which was much better attended and had more public attendance than the events both for and against the Constitution.After they watched an Army Parade and helicopter flyby, President Bhandari and Prime Minister Deuba went over to Hanuman Dhoka to observe Nepal’s Living Goddess Kumari being pulled in a chariot in front of the Gaddi Baithak.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d028e9c7e80680e0a3688jpeg.jpg" alt="" width="640" height="427"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02909c7e80680e0a3689jpeg.jpg" alt="" width="640" height="427">Nepal's Constitution day this year coincided with Kathmandu's Indra Jatra festival, which was much better attended than the events both for and against the Constitution. Photos: AMIT MACHAMASICritics of the Constitution say that it is not an inclusive document, treats women and minorities as second-class citizens, and guarantees social justice and human rights only on paper. The Constitution Amendment March was organised by civil society activists calling themselves the ‘Brihat Nagarik Andolan’ (People’s Movement).‘The 'Constitution Amendment March' with the excluded and maginalised communities including Madhesi, Tharu, Janajati, Dalit, minorities, Muslim and landless squatters who consider the constitution incomplete will head to the parliament on Sunday 2PM.”<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02949c7e80680e0a368ajpeg.jpg" alt="" width="800" height="533"><figcaption>Writer and activist Narayan Wagle was part of the 'Brihat Nagarik Andolan' protest demanding the amendment to the Constitution on Sunday.</figcaption></figure>Nepal’s Constituent Assembly adopted the new constitution in 2015 after deliberating on it for seven years, even as the draft was contested by some sections of the society, most notably the politicians from the Tarai, leading to the unrest in the southern plains. This was the precursor for the five months long blockade imposed by India.For the past six years, Madhes-based­ parties have been up in arms about the new constitution. This year, the Janata Samajbadi Party (JSP) decided not to take part in the Constitution Day celebrations and the newly-formed Democratic Socialist Party led by Mahanth Thakur marked the day as a black day.‘The Maoist insurgency, the Madhes Movement, the Tharu Rebellion, and struggles of women, indigenous people, Dalits, Muslims delivered Nepal its democratic, secular, federal republic that constitutionally guaranteed inclusion, but it is well known that the state has created obstacles to attain those objectives at every step,’ read a statement by the rally organisers.It went on: ‘The actions of the political parties and main pillars of the state since the Constitution was promulgated prove the necessity of continued vigilance and struggle to protect and institutionalise the gains.’<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02979c7e80680e0a368bjpeg.jpg" alt="" width="800" height="533"><figcaption>People with a placard that calls Constitution Day as as the black day.</figcaption></figure>Nepal’s Constituent Assembly had to be elected twice in 2008 and 2013 to finally adopt the new constitution in 2015 after deliberating on it for seven years, even as the draft was contested by some sections of the society, most notably the politicians from the Tarai, leading to unrest in the southern plains. This precipitated the five month long border blockade by India.For the past six years, Madhes-based parties have been up in arms about the new Constitution, and have been agitating for greater representation and autonomy. This year, the Janata Samajbadi Party (JSP) which is part of the ruling coalition decided not to take part in the Constitution Day celebrations and the newly-formed Democratic Socialist Party led by Mahanth Thakur marked the day as a ‘black day’.Meanwhile, more than two months after he became prime minister, Deuba has still not been able to form a complete Cabinet as haggling goes on over division of ministerial portfolios. Internal divisions within parties and between them have threatened to split the coalition even before it can form a full government.

Nepal’s contentious Constitution Day

<figure><img width="1262" height="842" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181152/636be8f89c7e80680e087895jpeg.jpg" alt=""/><figcaption>Locals across Nepal continue to stage protests against the dissolution of the Lower House. Photo: BIKRAM RAI</figcaption></figure>As feared, Prime Minister KP Oli’s brinkmanship has led the country to the edge of the cliff. <a href="https://www.nepalitimes.com/latest/over-the-edge-again/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/over-the-edge-again/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNGvc_vPKyMERCCkcvPlHqGo4-6s-A">This cartoon in Nepali Times last week</a> was prescient.
The coming days will show whether we as a nation go over, or take a step back. While the role of the Prime Minister to bring matters to the point of <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNHf8xYtAvY2MUJxw7K3man_jaZl0Q">dissolving the House</a> is obvious, it is also important to recognise the cast of characters who pushed him to the rim of the precipice.
Nepal has not had a prime minister serve a full term since the end of the Rana regime in 1950. The continuity of the Head of Government in office itself was bound to have provided political stability and economic stimulus. That was the hope after the 2017 elections.
The three years of the prime minister’s rule have seen several little-appreciated advances such as the handling of a secessionist group in the Tarai and improvements in Nepal’s international image after years of isolation. But on the whole, the public has not felt the tangible benefits of a government under the new Constitution.
K P Oli had a second kidney transplant in May, and the past ten months have been overtaken by the Covid-19 crisis, but there is little doubt that it is his style of leadership that has <a href="https://www.nepalitimes.com/latest/at-midpoint-nepal-pm-struggles-to-deliver/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/at-midpoint-nepal-pm-struggles-to-deliver/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNEbdn5UXoFg9CaqaQPcg8k_CZR30w">undermined the government’s performance.</a>
Oli turned the Prime Minister’s Office into a parallel power centre to Singha Darbar. Decision-making was so centralised in Oli, and there was so much micro-management, that ministers did not feel empowered. For his part, the prime minister seemed to revel in being the fulcrum of the state mechanism.
Oli also failed in cultivating friendships, acted imperious and allowed animosities to fester. Most inexplicable has been his deliberate sidelining of Madhav Kumar Nepal, which has made the latter go in to a most unnatural embrace of Pushpa Kamal Dahal and his Maoist legacy.
The train of events that made the prime minister <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNHf8xYtAvY2MUJxw7K3man_jaZl0Q">violate the Constitution</a> has to do with his <a href="https://www.nepalitimes.com/banner/the-seat-of-power/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/the-seat-of-power/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNG2CQ3fwGVwG2sNN6L63HufauVNzg">inability to ‘manage’ Dahal</a>. Oli’s plan three years ago was to manage a massive victory for his UML-Maoist electoral alliance, while at the same time enmeshing Dahal into the new Constitution.
Dahal bided his time because the Constitution did not allow a no-confidence motion for two years after government formation. However, even before that time restriction was over, Dahal made common cause with the top-line ex-UML leadership, who had not got over Oli’s sweeping victory at the party General Convention six years ago.
Dahal also deftly placed his Maoist comrade Agni Sapkota as Speaker, despite him carrying the conflict-era murder case of Arjun Bahadur Lama that is being investigated by the police under a Supreme Court order.
When it became possible to oust the sitting prime minister, Dahal became increasingly aggressive, supported by former prime ministers, Nepal and Jhalnath Khanal, both of whom were blistering in their criticism of the prime minister. Dahal sat back and let the two do the talking.
Ever since the <a href="https://www.nepalitimes.com/latest/using-the-delay-in-mcc-to-dissect-it/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/using-the-delay-in-mcc-to-dissect-it/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNFiuysG83l7Zr_lmt7MR1pqm31sOw">Millennium Challenge Compact</a> was not presented before Parliament by the Speaker, despite his duty to do so, Oli came to believe that Dahal wanted him to fail. Just as President Bidya Devi Bhandari is being described as doing Oli’s bidding, Sapkota was following Dahal’s orders in the Speaker’s chair.
For the past year, Dahal has made common cause with disgruntled heavyweights in the CPN Secretariat, trying to create conditions for Oli’s ouster. Whereas the proper way to do so would have been through a vote in the Parliamentary Party of the CPN, there was an attempt to project him as weakened and lacking in legitimacy through constant prodding by the Secretariat.
In essence, this boiled down to a Maoist/Leninist control of the Government by the Party, against which the Prime Minister became increasingly angry and rigid.
This opportunity arrived when the <a href="https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNGw5l5hVPTmF4gI1VVT25e2d1gCOA">Constitutional Council met last week</a> to take decision on dozens of appointments that were pending for the CIAA to the NHRC and the various other commissions. When the Speaker stayed away, acting on Dahal’s order, the prime minister’s patience ran out.
Oli clearly feels that Dahal will endanger the polity, and does not want him to take over the government under the new Constitution without showing contrition for the conflict. He also sees himself as the rightfully elected party Chair, and believes Nepal should be willing to wait for the upcoming General Convention to succeed him.
This is where the matters came to a head. On the one hand, lack of effective governance meant that Oli did not have a buffer of public support, and he has been further burdened by an implacably hostile press. On the other hand, Nepal and Dahal wanted to be party Chair and prime minister right away.
As the divisions within the NCP got more and more intractable, everyone who supported political stability had hoped that it was <a href="https://www.nepalitimes.com/latest/nepals-communists-on-verge-of-split-again/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepals-communists-on-verge-of-split-again/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNHRx6mLxRHmorT2F34DGxF1w7TEAg">prospect of a party split</a> that would make the three main actors – Oli, Dahal and Nepal – backtrack at the last moment. This did not happen.
It is incongruous that it was not the opposition in Parliament but the NCP’s own members who prepared to bring a no-confidence motion against their own party’s prime minister. Getting wind of this on Sunday morning, the prime minister <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNHf8xYtAvY2MUJxw7K3man_jaZl0Q">recommended dissolution of the Lower House</a>, and President Bhandari (who tends to see things in the same light as the Prime Minister) <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/&amp;source=gmail&amp;ust=1608621325764000&amp;usg=AFQjCNH5jUW68GUQH0H2Jc7uGeMHmm_6Ig">promptly provided the stamp of approval.</a>
Prime Minister Oli overstepped the Constitution in calling for a disbandment of the House. The statute states that dissolution is only allowed if the House is not able to elect a prime minister.
Oli’s position defence is that as a prime minister with two-thirds majority, not being able to form a government ipso facto proves the point that none of the other options available through the Constitution can work, hence the dissolution.
The prime minister went one step further to appoint members to constitutional bodies, in particular to the corruption watchdog (CIAA) which Dahal would regard as being specifically targeted at himself because of allegations of his misuse of cantonment funds during the peace process.
Today, the political relationship between those who worked together to bring the new Constitution is in tatters. Important matters of state and the people’s welfare during a pandemic are in limbo. Transitional justice is stuck.
A prime minister who espouses multiparty democracy is on the back foot, while a former Maoist chieftain who proposes party control of government and an executive presidency, is coming strong.
The street protests that have flared should not go out of hand, and the Judiciary as the institution of last recourse should not be sullied by the current fist-fight in the ruling party as it deliberates on the dissolution.
Significantly, the Chief Justice has been a member of the Constitutional Council meeting that made the 45 appointments under the prime minister’s controversial ordinance.
Prime Minister Oli has failed in being a sagacious leader, and he has not been able to rein in Dahal’s nervous ambition. But he has recommended elections in April-May next year, which could not be the action of an autocrat-in-making as his critics would have it.
What has been done to the Constitution has been done, and there seems to be no clean way out of the quagmire other than through the elections that has been called.
In fact, if one were to try and peer through Kathmandu’s murky smog, the new election would be an opportunity for the Nepali Congress, the RSP, the ‘alternative’ Sajha-Bibeksheel party, to move with strength into Parliament, and capitalise on the NCP’s disarray.
When the dust settles over the next few days, one hopes it will be possible to plan for a free, fair and peaceful elections in 2021.

Step back from the brink

Story of Nepali history

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101148/636b779c9c7e80680e064647jpeg.jpg" alt="" width="1000" height="1083"/><figcaption>Illustration: SUBHAS RAI</figcaption></figure>When the Nepali Times was preparing to launch two decades ago, many Nepalis were sad, frightened and looking for ways to leave areas affected by armed conflict, and then Nepal altogether.A few decided that the future would depend on what we did and how effectively we did it. Twenty years later, Nepal is at peace with numerous challenges, but at least it is at peace.Nepal went from <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/11/20/no-peace-dividend/" target="_blank" rel="noopener">war to peace</a> and from <a href="http://archive.nepalitimes.com/news.php?id=14803" target="_blank" rel="noopener">monarchy to republic</a>, it inducted some of the guerrillas into the national army, it held elections at all three levels of government under a new federal constitution, and the ruling party promises citizens stability and a better quality of life. The earthquake, the Indian blockade, endemic corruption and a lack of trust in government, businesses houses and political parties have slowed things down.Throughout these last 20 years, the Nepali Times team had a ringside seat to history being made. It worked hard and worked smart and issue after issue, it kept the hopes and aspirations of Nepal as high as it could with facts, data, images, animation, analysis and, yes, even humour. The colourful and elegantly designed pages of the Nepali Times became conversation pieces every Friday, raising public consciousness about critical issues and allowing people to form communities and organise for action.Read also: <a href="https://www.nepalitimes.com/?p=41591&amp;preview_nonce=f9ef547137&amp;preview=true" target="_blank" rel="noopener">1,000 weeks of Nepali Times</a>, Mark TurinThe paper became a catalyst, and provided a medium for small and big actions around health, environment, the economy, gender and justice. Confused by day-to-day politics, many of us readers looked forward week after week to stay informed and to make personal and collective decisions based on what the Nepali Times covered, analysed and projected.But even while the Nepali Times marks this 1000th issue, the future of free press and the financial viability of publications cannot and should not be taken for granted. People in power have tried to manipulate or control the media to consolidate power and personal wealth. Media outlets that do not fall in line are under attack. The legacy media, already under financial strain because of the internet, is also facing pressure from the government. This newspaper has been made to suffer for its independence. It has been attacked by both the extreme left and the extreme right in the past 20 years.Read also: <a href="https://www.nepalitimes.com/opinion/back-to-the-future-in-nepal/" target="_blank" rel="noopener">Back to the future in Nepal</a>, Anil ChitrakarThese thousand issues of the Nepali Times are fully archived, and a site search of any subject will show that this archive provides a valuable window on Nepal’s recent history. Future generations of historians will find a handy narrative of how Nepal made its great transition. And perhaps a book summarising the times of Nepali Times would ensure that history is not written by the winners.As regular writers for the Nepali Times, we crave ‘shelf life’, which these archives give us. And this means remembering not to forget what we lived through in the past 20 years, so that we do not repeat the fearful times of conflict, the royal massacre, the communal riots of 2004, or the abuse of human rights in the name of revolution that has left deep scars in Nepali society.Read also: <a href="https://archive.nepalitimes.com/regular-columns/half-full/nepal-between-two-tomcats,1084" target="_blank" rel="noopener">The great leap</a>, Anil ChitrakarThe earthquake united the Nepali people unlike the politics that divided us. Disasters seem to bring out the best in us, and politics the worst. In the next two decades Nepal will reap what it has sown in the past.The unresolved issues in the Constitution and the challenges related to identity politics, correcting historical wrongs, growing pollution in the Kathmandu valley, corruption and fraud are what we will now be grappling with. To stay tuned, read the Nepali Times.Anil Chitrakar is President of Siddharthinc and writes this forthnightly column ‘½ Full’ for the Nepali Times.

Anil Chitrakar

Nepal’s history foretold

<img width="1050" height="751" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676c9c7e80680e0599d8jpeg.jpg" alt=""/>On 11 December, the Prime Minister and Cabinet's office tabled the 'bill to amend and integrate laws relating to the constitution and operation of Nepal special service' in the parliament secretariat.Prakash Panta, member of the National Assembly from the opposition Nepali Congress has requested the parliament to take the Special Service Bill (SSB) back. With allegations that the bill restricts the fundamental rights of citizens, there is concern that provisions of SSB will violate citizens’ fundamental right to privacy.NC parliamentarian Radheshyam Adhikari says this is a direct threat to  citizens' fundamental rights like privacy and freedom. "This bill shows that the government is against democracy and an open society, and does not believe in transparency and accountability. It will allow the government to snoop on anyone it does not like, and use the information to threaten or blackmail them.”Read also: <a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener">Censuring Censorship</a>, Editorial The SSB will allow the National Investigation Bureau (NIB) to collect any information on anyone without a warrant. The Act's Section 10, subsection 6 states: ‘In the course of information collection or counterintelligence, the Bureau can monitor, intercept, or record the conversations of people or organisations under suspicion or monitoring, made in public, or through any other audio visual or electronic medium.’The Bill also defines interception as the act of monitoring communication channels and gathering data. Though the Bureau has in the past spied on individuals, it is not authorised by law to do so. Now, the bill gives it the right.The Bill makes it compulsory for people to give up any information an  investigation officer requires, and if they refuse the investigators can acquire the information by spying on them if necessary.Read also: <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">Nepal has press freedom, but no freedom after press, </a>Shashank GautamCritics say this has created the fear of misuse and breach of privacy in the name of investigation. It could also lead to leakage of information and violate fundamental freedom in direct contravention of the constitution.Article 8 of the Constitution states that information regarding a person’s residence, property, documents, statistics, correspondence, or character, cannot be violated unless otherwise required by law.Former Chief Justice Kalyan Shrestha says the bill increases the chance of misuse of power. "There should be clear provisions about where the right to privacy can be breached with monitoring and where it cannot. And there should also be provisions for legal redress if someone's privacy is breached when the government uses this right," he says.Read also: <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai Constitution expert Bipin Adhikari goes further, stressing that the law will endanger the country’s democratic polity itself. "A person at the highest level of government may use these provisions to undermine the system itself," he says, referring to how the former king Gyanendra Shah used Article 123 to take power.There is also precedent set by the former head of the Centre for the Investigation of the Abuse of Authority Lokman Singh Karki, who in 2013 operated a state within a state and regularly tapped the phone calls of 293  critical politicians, security officers, civil society leaders, judges and journalists. When Parliament decided to impeach him in 2016, the phone tapping was prominent in the list of reasons.However, there are some who say the danger to democracy has been blown out of proportion. The former head of the National Investigation Bureau Deviram Sharma says, "This law is not meant to snoop on ordinary citizens' phone conversations. It intends to monitor terrorism, antinational activities,  and the activity of dubious foreigners. A draft of the bill was actually prepared 17 years ago, and it has been tabled with timely amendments."Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener"> Nepal undermining free expression: HRW</a>In fact, the draft bill does state that the law is needed to control ‘spying, armed insurgency, coup, inciting others to violence, aiding foreign countries or organisations, breaching the harmony between people of different classes, races, ethnic groups, religions and communities, secessionism, spreading hate and violence, armed and underground groups, illegal activities on border areas, etc.’But that is precisely what worries rights activists, who say that the definition of whom the state is allowed to spy on is so vague and broad that anyone in authority can use it to snoop on political or business rivals, the media or critics of the government.Government across the world have intelligence agencies that are given powers to spy on their own citizens, but these powers are strictly limited by law. Even so, some democratic states like India, the US and UK have made it  easier for intelligence agencies to spy on their citizens, especially when it comes to terrorism. But even there, there have been widespread complaints of misuse.Read also:<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener"> Creeping control over the press in Nepal,</a> Ajay Pradhan The government tried to pass a similar law to allow surveillance in the last days of the Panchayat in 1990, citing heightened activity of foreign spy agencies. But the Panchayat system collapsed, and with it the first attempt to allow the government to spy on its citizens.The law was discussed again during the Maoist war, and a draft was even drawn up in 2001, but it was not tabled. Even today, snooping on private citizens is barred by law, but that has not stopped the National Investigations Bureau and others to snoop on calls and messages.Security agencies in Nepal regularly use call/sms data in their investigations, which is actually illegal. Some have even made private information public. After Advocate Baburam Aryal and four others filed a case against the practice in February 2016, then Chief Justice Kalyan Shrestha and judge Devendra Gopal Shrestha had ruled that a person's right to privacy was "entirely private and fundamental" and limited the practice.Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/" target="_blank" rel="noopener"> IFJ asks Nepal to revoke media gag</a>The verdict stated that since there was no law which allowed security officers to tap phone calls or look at sms, the officers would have to take permission from the District Court before doing so."That is a temporary provision. In the long term, there needs to be balance between individual's right to privacy and the state's need to investigate. A full-fledged law is the permanent solution," says ex-Chief Justice Shrestha.The NIB was previously under the Home Ministry, but in February 2018 it was brought under the purview of the Prime Minister’s Office and Cabinet Secretariat. Although the Bureau’s main duty is to safeguard national security,  the proposed bill expands its area of work to include human trafficking, drug trafficking, illegal wildlife trade. Read also:<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener"> A creeping coup,</a> Editorial"The objective of the Bureau is to protect the national interest. Giving it unlimited powers increases chances of misuse, especially since departments under the PMO are not accountable to any other government department," says Hemanta Malla, former DIG of Nepal Police.There is still time for parliamentarians to debate the Bill and change its provisions if required, but the government appears to be intent on using its majority in Parliament to ram it through. Experts say the bill should have provisions for legal redress, and provisions against transfer or sale of information collected. NC MP Radheshyam Adhikari concludes: "The way it is reads now, it lets the government pry into people's lives, intimidate them and threaten to disclose their private details if they don't obey." "The government is pushing through a law that is above the constitution. The law will grant extraordinary powers to the Bureau any time, which are to be used only in emergencies. But there is not enough awareness in civil society about this. Yes, security forces should have powers, but there should also be check and balance. The law should provide for investigation of the Bureau, as government investigation will not be enough." <figure><img width="640" height="516" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676e9c7e80680e0599d9jpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="640" height="514" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151128/636a67719c7e80680e0599dajpeg.jpg" alt=""><figcaption> </figcaption></figure>"The Bill is meant to restrict undue activity from foreigners. For example, then chief secretary of the government Lilamani Pudel made a 9-point code of conduct about officers meeting foreigners. That angered them. Baburam Bhattarai had promised to not transfer any secretaries, but transferred one of them within 18 days of becoming PM. We need to stop this kind of meddling. The current protests against the Bill is instigated by such foreigners."

Spooking Nepalis by snooping on them

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a66d89c7e80680e0599a9jpeg.jpg" alt="" width="1750" height="1164"/>Ram Sharan Mahat, <a href="https://archive.nepalitimes.com/article/nation/ram-sharan-mahat-fund-raising-conference,2299" target="_blank" rel="noopener">former foreign and finance minister</a> of the Nepali Congress, has published an important book that serves as an explainer and update on Nepal’s political transition and state restructuring exercise. It is an encyclopaedic dive into the political economy of present-day Nepal, useful not only for non-Nepali readers, but also Nepali students seeking to understand history, trends and context.A senior member of the Nepali Congress party, Mahat lost his seat in Parliament in 2018, after having consecutively won four parliamentary elections from Nuwakot since 1994. This forced respite actually allowed the economist-politician the time required to pen his thoughts on critical national events of the past two decades, committed as he is to the middle way that shuns populism and profligate governance.This work, together with <a href="https://www.nepalitimes.com/featured-videos/kul-chandra-gautams-long-journey-home/" target="_blank" rel="noopener">Kul Chandra Gautam</a>’s <a href="http://archive.nepalitimes.com/article/nation/Lost-in-transition-kul-chandra-gautam-review,2734" target="_blank" rel="noopener">Lost in Transition</a> (2014), provides antidote to the English language narrative of the conflict and post-conflict transitional era, which has been presented mainly by writers bowled over by radical leftism. Trials, Tremors and Hope also complements Mahat’s earlier work, <a href="http://archive.nepalitimes.com/news.php?id=739#.Xfs9dZMzaUk" target="_blank" rel="noopener">In Defence of Democracy</a> (2005), published even as King Gyanendra sought to convert Nepal into a royal autocracy.Mahat is the person who guided Nepal into the era of liberal economics, and rather than be coy he spends considerable space here defending his plans and policies as a six-time finance minister. He introduces us to BP Koirala’s evolving thinking on economic governance, and reminds the readers of once-important entities such as the Socialist International, and the Club of Rome and its ‘Limits to Growth’.Mahat was sceptical of not a few elements that went into the new Constitution, fought a rearguard action on the establishment of provinces, and advocated local government energy channelled via the 75 districts. And yet, unlike many Constituent Assembly members who became lukewarm towards the document they promulgated, the author seeks ways to implement the Constitution as the only way forward.He writes: “Managing the new federal structure is an un-tested and daunting challenge. The multiple levels of governance in a relatively small country with a history of centralised administration creates problems of overlap, ambiguity and conflict of authority… The main task at present is to building of institutional capacity at the sub-national and local levels … (with) supporting legislation, regulations and necessary manpower they are lacking at present.”With the Constitution declaring Nepal a ‘socialism-oriented’ (‘samajbad unmukh’) economy, it has been imperative to have authoritative interpretations of the phrase to avoid confusion, and to save the society from the radical trap. The economist and administrator in Mahat does not fail in providing his elucidation. Noting that “there has been no major change in the fundamental orientation of the country” despite the regime change, he writes: “ The socialist objectives are to be met through democratic norms and values including competitive plural politics, as well as an elaborate list of fundamental rights, including those related to social protection, the security of property rights, among others.”Elsewhere, to drive home the point, Mahat writes that the goal of socialism is guaranteed to be based on “competitive multiparty politics – including periodic elections, adult franchise, press freedom, civil liberty and an independent and impartial judiciary.”Decrying the “unproductive recurrent spending which is rising as a result of competitive populism”, the author suggests capitalising on the comparative advantage possessed by the country in “clean energy, biodiversity, eco-tourism, together with cultural heritage, strategic <a href="https://www.nepalitimes.com/latest/political-geography-of-india-nepal-china-ties/" target="_blank" rel="noopener">geo-political location between China and India</a>, and the goodwill accorded to Nepal by the international community.”At a time when many intellectuals prefer to handle the Maoists with kids gloves, especially now that they are tied umbilically to the erstwhile UML, Mahat is clear on what the <a href="https://archive.nepalitimes.com/article/nation/wartime-rape-victims-of-Kanchanpur-speak-out-wait-for-justice,4222" target="_blank" rel="noopener">Maoist conflict</a> “inflicted on the nation” – besides the deaths and maimings, “disruption of social and economic lives, destruction of physical assets and infrastructure, leading to derailment of development and slowing down of economic growth”.For a work with such a sweep, over 12 chapters and 242 pages, there are some aspects that Mahat has preferred to side-step partly that maybe because he is top leader of the Nepali Congress, which itself is hardly playing the role of a responsible and critical opposition to the present very-powerful CPN government. One would have wanted Mahat to be less descriptive and non-opinionated, and not be too careful about who’s toes he would be stepping on.While the author does refer to <a href="https://archive.nepalitimes.com/article/editorial/autopsy-of-a-blockade%20,2863" target="_blank" rel="noopener">the Indian blockade of 2015</a>, he does not dwell much on how those five months became an economic and geopolitical watershed for modern Nepal. He is ideally placed to discuss the potential debt trap of being over-beholden to Chinese debt largesse, but there is not enough discussion of that here. As Nepal rushes <a href="https://www.nepalitimes.com/banner/in-conservation-nepal-is-not-out-of-the-woods-yet/" target="_blank" rel="noopener">headlong into infrastructural development</a>, Mahat should have made his position clear on what is propped up as the ‘development vs. environment’ debate, but he takes a pass.How is Nepal to emerge from the <a href="https://www.nepalitimes.com/editorial/reducing-labour-pain/" target="_blank" rel="noopener">remittance economy</a>? Mahat does warn that the reliance on remittance “has reduced pressure to generate more productive employment leading to loss of the country’s competitiveness”, but the author was well placed to provide a guide to generating in-country employment. Similarly, a wide-ranging work such as this required rumination on the <a href="https://www.nepalitimes.com/banner/nepal-must-prepare-for-climate-migration/" target="_blank" rel="noopener">climate crisis</a>, which is set to hit Nepal’s population and economy, and Southasia as a whole.Trials, Tremors and Hopeby Ram Sharan MahatAdroit Publishers, New Delhi (2019)IRS795       242 pages<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a66db9c7e80680e0599aajpeg.jpg" alt="" width="1079" height="1632">

History and context from Mahat

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141120/636a58649c7e80680e054831jpeg.jpg" alt="" width="1400" height="927"/><figcaption>Illustration: BHANU BHATTARA</figcaption></figure>Four years after the Constitution was <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/09/20/peoples-constitution/" target="_blank" rel="noopener">promulgated</a>, the main political actors involved in drafting it are now ruling the country. The 2017 <a href="https://www.nepalitimes.com/here-now/share-rule-and-self-rule/" target="_blank" rel="noopener">federal, provincial and municipal elections</a> made this the most powerful government in Nepal’s democratic history. Yet, the <a href="https://www.nepalitimes.com/here-now/the-troika/">Nepal Communist Party</a> (NCP) has squandered not just its mandate but also the opportunity to make the <a href="http://archive.nepalitimes.com/regular-columns/by-the-way/new-constitution-should-adopt-inclusive-democracy-with-federalism-republicanism-secularism,538" target="_blank" rel="noopener">Constitution work.</a>There were very high expectations among Nepal’s long-suffering people that stability would attract investment, create jobs and improve accountability and governance. But disillusionment is running high, with opposition parties and dissident groups exploiting the discontent to push for constitutional amendments.The government’s response has been to crack down on dissent, intimidate and attack those who are critical of ruling party figures on social media, and try to push through bills in Parliament that would curtail hard-won freedoms. Prime Minister Oli himself has ordered that Constitution Day on Friday, 20 September be used as an opportunity to defend the Constitution.In what critics say is <a href="about:blank" target="_blank" rel="noopener">Panchayat-era style</a>, the central government ordered Chief District Officers and local governments to ‘celebrate with much enthusiasm’ Constitution Day for three days, 19-21 September, by proudly flying national flags at homes, wearing t-shirts emblazoned with flags and illuminating homes and offices for three nights. The Home Ministry homepage even has a popup box displaying the exact dimensions and colours of the national flag, and instructions on correct ways to display it. The new Minister of Tourism and Culture, Yogesh Bhattarai, <a href="https://www.nepalitimes.com/opinion/anti-national-anthem/" target="_blank" rel="noopener">even tried to get the national anthem played before evening prayers at Pashupati.</a>Oppositionists are trying to cash in on the public’s anti-government mood. Despite being in disarray itself, the Nepali Congress (NC) has smelt blood, and its leader Sashank Koirala is trying to ride the Hindutva wave to have secularism scrapped from the Constitution<a href="http://archive.nepalitimes.com/news.php?id=3701#.XYNJli4zbIU">. Kamal Thapa of the RJP</a> is going one step further to campaign for the restoration of a Hindu monarchy. Former Maoist ideologue <a href="https://www.nepalitimes.com/review/dreams-and-nightmares-of-the-nepal-conflict/" target="_blank" rel="noopener">Baburam Bhattarai</a>, now leader of Samajbadi Party Nepal, wants a constitutional amendment for identity-based federalism and executive presidentship. And then there is the <a href="https://www.nepalitimes.com/from-the-nepali-press/biplav-is-just-following-the-footsteps-of-mentors/" target="_blank" rel="noopener">Biplav</a> faction, which wants to go back to armed struggle.The NCP is lashing out at critics. Party Co-chair Pushpa Kamal Dahal last week instructed cadre to ‘retaliate’ against the opposition, echoing Prime Minister Oli’s call to ‘unleash hornets’ on them. NCP youth have used mob tactics against those posting critical content on social media. Information Minister Gokul Banskota doesn’t hide his disdain for the free press, and is pushing the Media Council Bill, an IT  Bill and the Mass Communication Act through Parliament.Critics say the way to defend the Constitution is not by threatening dissenting voices, but by protecting the freedoms that it guarantees. Former head of the Nepal Bar Association, Sunil Pokhrel, says: “If there is a problem with the Constitution, the way to resolve it is not by wrapping ourselves in the national flag. The flag is being used to hide defects in the Constitution.”Read Also:<a style="font-weight: bold; background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/?p=33406&amp;preview=true" target="_blank" rel="noopener">Four-year itch</a>, Editorial<a href="https://www.nepalitimes.com/here-now/nepals-constitution-3-years-later/" target="_blank" rel="noopener">Nepal's constitution, 3 years later</a>, Prakriti Kandel

Wrecking crew

Born in Khandbari in eastern Nepal, Parashuram Pathak helped his family around the farm, sold what they grew in the market and lent a hand in the kitchen.&nbsp; After working as a chef in Dubai, San Francisco, Denmark, Australia, and on cruise ships, Pathak has now brought back what he has learnt to the Tusa Restaurant in Bhaktapur that opened on Nepali New Year on 13 April. Tusa uses fresh indigenous ingredients from various parts of Nepal, and fuses them with international methods to produce unique dishes. Pathak is a global Nepali, and is introducing global Nepali cuisine to his homeland. Pathak left an executive chef job to intern at three-Michelin-starred Noma in Denmark, named the best restaurant in the world five times. Noma runs on a philosophy of foraging to rediscover wild local ingredients, and Tusa’s mission is similarly noble: preparing dishes with Nepali ingredients using modern techniques and equipment. “We are taking Nepali food beyond dal-bhat and momo, we are taking it international,” Pathak said on the phone from Sydney. Read also: <a href="https://nepalitimes.com/here-now/nepali-baker-rises-to-the-top-in-denmark">Denmark’s best baker is a Nepali</a>, Vishad Onta  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240419180424_1312bc016cbb2fe59c6d4a78d1f8b463af4a10b3f79559a2405fd54ea5b3197a.jpg" data-media-id="editor_1" data-image-id="20240419180424_1312bc016cbb2fe59c6d4a78d1f8b463af4a10b3f79559a2405fd54ea5b3197a" data-rendition-name="original" width="801" height="802" loading="lazy" alt="The return of the natives Page 12 NT #1208"> <figcaption>Photo: PARASHURAM PATHAK/FACEBOOK</figcaption> </figure>  Pathak’s team in Nepal includes chefs Rupesh Bohara and Sagar Shrestha who have also worked extensively in Dubai and Australia, and share his vision. The three realised they shared the same dream, and over the past five years have travelled across Nepal to research their menu, collecting ingredients and ideas from homestays, food carts, and nature. The team then scouted for Nepal’s best architect, and zeroed in on Bhaktapur-based heritage conservationist Rabindra Puri who designed the Malla-era house for Tusa in the Nag Pokhari neighbourhood. Bohara and Shrestha have moved back to Nepal for good, and Pathak arrives in September. “I made dishes from all over the world, but when someone asked what Nepali food was like, I had no answer,” says Bohara, “I came back to find out.” &nbsp;“You can get citizenship, a green card, big houses and cars, but where is the self-satisfaction?” asks Shrestha, who has a red-and-blue chef’s knife with the sun and moon of the Nepali flag tattooed on his right forearm.&nbsp; Read also:<a href="https://nepalitimes.com/diaspora-diaries/the-return-of-a-master-baker"> The return of a master baker</a>, Raju Pakhrin  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240419180424_c601264463e5a28d4e71a46781f340a53619a08d00949a7aaebfef84e75a319d.jpg" data-media-id="editor_3" data-image-id="20240419180424_c601264463e5a28d4e71a46781f340a53619a08d00949a7aaebfef84e75a319d" data-rendition-name="original" width="6000" height="4000" loading="lazy" alt="The return of the natives Page 12 NT #1208"> <figcaption>Photos: TUSA</figcaption> </figure>  Bohara and Shrestha passionately recount stories of their trips across Nepal, speaking of generous lodge owners who introduced them to local ingredients. Tusa can seat 28, and dining here is a sensory experience with a live kitchen. The chefs cook and place dishes on a large granite countertop with induction sections built in. Behind the counter is a grill on an indoor fire with pulley control to adjust the fire. Everything that can be made in Nepal — chairs and tables, ceramic dishes, the grill — is locally sourced. The executive kitchen/laboratory is downstairs. It is spacious, spotless, and contains appliances rarely seen in restaurants here: a sous vide machine that cooks vacuum-sealed packets at consistent temperatures, and a dehydrator for sisnu nettles. A fresh batch of deep purple kimbu (mulberry) muffins has just come out of the oven. Fridges have dry-aged fish and marigold kombucha. Fermentation seems to be the theme at Tusa, and Pathak explained: “Fermentation takes away the natural sugars in food, leaving behind a true, umami taste.”&nbsp; Read also: <a href="https://nepalitimes.com/here-now/vikings-khukri-passion">Viking's khukri passion</a>, Alisha Sijapati  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240419180424_c59e2b4230864f646bc36108adb951e95ec85da6156740294b1ec715b86acf89.jpg" data-media-id="editor_5" data-image-id="20240419180424_c59e2b4230864f646bc36108adb951e95ec85da6156740294b1ec715b86acf89" data-rendition-name="original" width="5895" height="3930" loading="lazy" alt="The return of the natives Page 12 NT #1208"> </figure>  Tusa itself means ‘shoot’ in Nepali, and can be a dish of fermented bamboo shoots. The restaurant serves a tasting menu with six courses, plus surprises. It starts with a fermented potato and millet roti with charred green garlic and tomato chutney. The bread tastes like a mix of alu paratha and kodoko roti with a satisfying, mild flavour. The chefs do not show off, and overdo it. Dishes are tastefully simple and faithful, a theme that runs through the meal. The second course is a filet of fish charred on one side and placed in a broth. It is delicate and smokey, and does not mask the character of the fish.&nbsp; The next is Batuk Chukauni, a Magar dish with a lentil snack and a yoghurt-based potato achar. The batuk, made of lentil batter, is light and the chukauni has potatoes and peas. Read also: <a href="https://nepalitimes.com/here-now/money-is-not-everything-but-you-need-money-for-everything">"Money is not everything, but you need money for everything"</a>, Rohit Shrestha  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240419180424_e3f51228ff792e8d4297f81f8e67d138584e922ae035d131977494219e5e85c5.jpg" data-media-id="editor_7" data-image-id="20240419180424_e3f51228ff792e8d4297f81f8e67d138584e922ae035d131977494219e5e85c5" data-rendition-name="original" width="1333" height="1000" loading="lazy" alt="The return of the natives Page 12 NT #1208"> <figcaption>Batuk Chukauni. Photo: VISHAD ONTA</figcaption> </figure>  Next is a skewer of jackfruit with a tamarind and mustard glaze that has the texture of a slice of sausage and melts in the mouth. Then comes the first off-menu item: a steak of watermelon, glazed and grilled, tasting sweet, sour and smokey. After that a palate cleanser sorbet made with laligurans syrup adorned with a frozen candied rhododendron petal. Finally the main course: barbeque chicken and chyakla coarse corn grits. The chicken has been brined, marinated, cooked sous-vide and seared on the grill. The delicate consistency of the chicken stands out. Desert is a smooth, creamy cheesecake that uses the local juju-dhau yoghurt. And the last course is a moist, moss-green sisnu cake laced with mulberry jam and cream.&nbsp; There is nothing gimmicky about Tusa. It is the coming together of skilled Nepalis with international exposure who have mixed what they have learnt abroad with the flavours of home.&nbsp; The tasting menu is Rs3,500, and it may take some time before Nepalis develop a predilection for some of its items. The chefs are excited, vindicated, and relieved. Coming back to Nepal, uprooting successful careers abroad to take a chance on Nepal must not have been easy.&nbsp; Tusa had a soft launch on New Year’s day with Kathmandu-based diplomats. Australian Ambassador Felicity Volk was one of them, and wrote on a Facebook post: ‘Chefs who honed their skills in Australia and returned to Nepal to give back. We call it fine dining, they call it #cominghome.’ Read also: <a href="https://nepalitimes.com/multimedia/the-baker-of-barpak">The baker of Barpak</a>, Tara Aryal Pandey

The return of the natives

For a year or two after the 25 April 2015 earthquake, the residents of Kathmandu were too terrified to return to their high-rise apartments. None of them collapsed in the 7.8 disaster, but many sustained serious structural damage. &nbsp;
Fast forward nine years, and they have all but forgotten that frightful day. Kathmandu is back to building substandard structures, even as land prices drive developers to build taller.&nbsp;
With no more space to spread horizontally, Kathmandu is going vertical. But structural engineers say most of the high rises do not take into account seismicity, soil condition, construction methods, quality of raw materials, fire hazard, and search and rescue in collapsed concrete structures.
“Much of our focus since the 2015 earthquake has been on building and construction, but not as much on where we are building,” warns Sangeeta Singh, Professor of Urban Planning and Deputy Director of Centre for Disaster Studies at the Institute of Engineering.
Read also: <a href="https://nepalitimes.com/banner/in-a-disastrous-state">In a disastrous state</a>, Sonia Awale
She adds: “Kathmandu is not really suited for high-rises. We have to first test the condition of the soil, but building permits are being issued without this fundamental step.”
Kathmandu Valley is a former lakebed with soft topsoil prone to liquefaction and excessive shaking, as seen during the 1934 megaquake. Many ruptures tore up the surface in 2015. &nbsp;
During an earthquake, the rock layers below Kathmandu ring like a bell and the vibrations on the surface take between 0.5 to 2 seconds for one oscillation. Buildings also vibrate, but at different frequencies depending on their height, construction material, and arrangement of their structural components.
At five floors, the vibration period of a building is 0.5 seconds, which is the same as that for Kathmandu Valley, and this could cause more damage, says structural engineer Surya Narayan Shrestha at the National Society for Earthquake Technology - Nepal (NSET).
“Building anything that is five storeys or higher in Kathmandu needs special design and structural considerations,” says Shrestha.
Read also: <a href="https://nepalitimes.com/editorial/shaking-things-up">Shaking things up</a>, Editorial
Technologies exist to reduce seismic risk in high-rises, and these are used in earthquake-prone cities like Tokyo, Los Angeles, Jakarta or Mexico City.&nbsp;
Base isolation, for example, separates the vibration of the land and the building, reducing damage from soil-building resonance. Base isolators move and stretch under pressure, absorbing much of an earthquake's impact by reducing swaying and shaking. &nbsp;
Seismic dampers change the pattern of vibration altogether, dissipating energy as vibrations move across a structure. But these are all expensive technologies, and none of the high-rises in Kathmandu use them.
However, Nepali engineers who can help with technology transfer are working in the field in Nepal and overseas. Kathmandu’s high-rises are already very expensive, and making them seismic-resistant would be an incremental cost.
Read also: <a href="https://nepalitimes.com/opinion/comment/learning-from-jajarkot-what-we-didnt-after-2015-695vpzle">Learning from Jajarkot what we didn't after 2015</a>, Sushil Gyewali
The shape of high-rises also matters. Reinforced concrete buildings with asymmetric designs of the kind that are seen in newer structures in Kathmandu experience more torsion and shear during quakes. High-rises with regular geometry are stronger. &nbsp;&nbsp;
An even bigger concern is that of emergency evacuation and rescue in case of fire or earthquake. Kathmandu fire services do not have ladders that reach the higher floors of most new structures.
“High-rises mean more people and potentially higher casualties,” explains Shrestha. “We need immediate evacuation routes, fire escapes, emergency ladders, and fire trucks that can reach higher. Right now, safety features are voluntary and not mandatory.”
The street access, shelters, open spaces, and evacuation routes are integral to disaster preparedness and the safety of neighbourhoods and not just buildings. Most new high-rises in Kathmandu have narrow access roads.
Read also: <a href="https://nepalitimes.com/opinion/rebuilding-resilience-7-years-later">Rebuilding resilience 7 years later</a>, Anil Pokhrel
Since most of the buildings that survived the 2015 disaster were reinforced concrete structures, it fed the misconception that they are safer. But Himalayan seismologists say that if the intensity and duration of the shaking had been just a little higher, many substandard concrete structures would have collapsed.&nbsp;
And that is the final gap: Nepal’s limited expertise and equipment for search and rescue inside collapsed concrete structures. Kathmandu’s high-rises need to be better prepared for the next Big One.
“Structural safety and design were at the front and the centre after the 2015 earthquake, we also revised some building codes but we are back to square one with contractor-driven construction, especially in peri-urban areas,” says Sangeeta Singh, who is also with the National Planning Commission. “We need to monitor construction as much as design.”&nbsp;
Shrestha at NSET agrees there have been improvements in building practices in the past nine years, but adds, “We have both learnt and unlearnt lessons from 2015. The awareness hasn’t yet translated into action on safety.”
Read also: <a href="https://nepalitimes.com/here-now/lessons-not-learned-from-2015-o2etq6zu">Lessons not learned from 2015</a>, Sonia Awale

The rise of high-rises

Midway along the stretch of the ancient trade route between Tibet and India lies the Kel Tol neighbourhood. The name is derived from the original Koligrām, and it is believed the Koli people, who were originally from Rāmagrām in present-day southern Nepal near the Indian border, settled here. The Koli were the maternal ancestors of none other than the Buddha. Kel Tol is famous for the Buddhist monastic complex of Kanak Chaitya Mahāvihar, featuring the majestic two-tiered gilded temple of the white god Karunāmaya.&nbsp; This elaborately decorated courtyard is a bustling centre of the Vajrayāna sect of Buddhism, practised widely by the indigenous Newā people of Kathmandu Valley. Karunāmaya, also known as Ārya Avalokiteshwor, is defined in great detail in the 1st century CE Buddhist text Sadharmapundarikā where he liberates all sentient beings from suffering. He helps rid the eight external fears metaphorically equated with their equivalent internal states of mind: lions (pride), wild elephants (ignorance), fire (anger), snakes (jealousy), floods (attachment), imprisonment (miserliness), thieves (wrong views) and cannibals (doubt).  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240418130432_fe370cbee75003cd3eb5dccc7c3b2671630da193b0744db2aeac1bab3ff4a85c.jpg" data-media-id="editor_0" data-image-id="20240418130432_fe370cbee75003cd3eb5dccc7c3b2671630da193b0744db2aeac1bab3ff4a85c" data-rendition-name="original" width="1338" height="2000" loading="lazy" alt="Seto Machhindranath"> </figure>  In the Pancha Rakshyā Sutra, a Buddhist scripture from 200 CE, Ārya Avalokiteshwor was counted among the eight major deities. Followers of the Brāhminical god Shiva worship Ārya Avalokiteshwor as Seto Machhindranāth. For Shaivites, Machhindranāth is the Indian saint who founded the Nāth cult in the 10th century CE. He is the guru of saint Gorakhnāth. During the reign of Yakshya Malla (1428–1482 CE), a beautiful image of Ārya Avalokiteshwor was dug up by a farmer in present-day Jamal, which was then a cultivated area outside the city. The farmer, known as a Jamami (meaning the one from Jamal) took the image home for safekeeping. That night, Ārya Avalokiteshwor appeared in the farmer’s dream and told him that the proper place for him to reside is at the confluence of two rivers. The nearest confluence was at present-day Wongha (Indrachok) and the image was installed in the Kanak Chaitya Mahāvihar complex in Kel Tol near Wongha. This made it easier for city residents to pay homage to Ārya Avalokiteshwor and spread compassion. Soon, the deity came to be revered highly as Jamaleshwor, the one found in Jamal. Eventually, the name got corrupted, as happens often in Nepāl Bhāsā, to Janabahā Dyo. The courtyard where his temple is located is now popularly known as Janabahā.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240418130432_5c9b219530e400445ef4e7f64856b43e7cdb756be26d9ed4565c84044c178a7e.jpg" data-media-id="editor_1" data-image-id="20240418130432_5c9b219530e400445ef4e7f64856b43e7cdb756be26d9ed4565c84044c178a7e" data-rendition-name="original" width="2500" height="1668" loading="lazy" alt="Seto Machhindranath"> </figure>  The gilded temple of Janabahā Dyo, first built in the early 16th century CE, is adorned with wooden and metal artefacts that symbolise 108 forms of Ārya Avalokiteshwor. It stands out as the most decorated temple of its kind in Kathmandu. Today, Janabahā is a living heritage site where many ancient customs and rituals are widely practised as per Vajrayāna Buddhist tradition. Devotees throng the Janabahā Dyo shrine for daily worship and to receive Karunāmaya’s blessings. Being the compassionate one, Ārya Avalokiteshwor goes around town every year in his tall wooden chariot to allow sick and physically disabled devotees to pay homage to him from the comfort of their homes. One could say it is a door-to-door visit by the Compassionate One.&nbsp; For the pragmatic minded, the chariot festival is an annual renewal of communal harmony, validation of our ancient mathematical supremacy and demonstration of the need to keep practical skills alive, including the craft of building earthquake resilient houses.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240418130432_fc8b234ceca87dee4b99e897a485cef121fb953857fb61492a413fbfcc48360c.jpg" data-media-id="editor_2" data-image-id="20240418130432_fc8b234ceca87dee4b99e897a485cef121fb953857fb61492a413fbfcc48360c" data-rendition-name="original" width="2500" height="1667" loading="lazy" alt="Seto Machhindranath"> </figure>  The Janabahā Dyo chariot is pulled from Jamal, where his image was found by the farmer, through the historic heart of Kathmandu in a gala parade every year. The procession, accompanied by folk music ensembles and revellers, starts on the eighth day of the bright half of the month of Chaitra, and lasts up to a week (ending on Saturday this year). Hundreds of devotees pull the chariot along the streets as a way of expressing their gratitude to lord Karunāmaya for blessing them with compassion and well-being. Purna Ratna Vajrāchārya is an ordained priest who belongs to the clan responsible for taking care of Janabahā Dyo. He has been studying the design and architecture of the chariot for the past 40 years, and overseeing its construction for the past 15. He has learnt that the engineering principles of building the chariot are based on the mathematical system in which Buddhism is taught. For example, 365 pieces of wood are used in the chariot, each representing a day of the year. Each of the four wheels consist of 25 pieces of wood, totalling 100, representing completeness or fulfilment. The chariot is vertically divided into 13 sections, a parallel to the Buddhist concept of Trayodashi Bhuvana that describes the 13 steps that one must take to achieve the state of Nirvana.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240418130432_36d9964c9845f6d9a074786361fc5ab7d49138503ad162086998b731349b0ec0.jpg" data-media-id="editor_3" data-image-id="20240418130432_36d9964c9845f6d9a074786361fc5ab7d49138503ad162086998b731349b0ec0" data-rendition-name="original" width="2500" height="1668" loading="lazy" alt="Seto Machhindranath"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240418130432_2662753a9514a682ccdfd17bf05e2be3771183a68dc86b717ab67d9aad894563.jpg" data-media-id="editor_4" data-image-id="20240418130432_2662753a9514a682ccdfd17bf05e2be3771183a68dc86b717ab67d9aad894563" data-rendition-name="original" width="1668" height="2500" loading="lazy" alt="Seto Machhindranath"> </figure>  &nbsp;Exactly nine types of wood are used, which is the sum of the four base elements that make up the universe (earth, water, fire and air) and the five human senses. The height and length of the chariot is 32 arm’s length (hāt in Sanskrit), 14.8m. The number 32 represents the maximum number of auspicious and physical qualities one could possess to be considered an outstanding human being.&nbsp; Says Vajrācharya, “Observing how the chariot is built helps one learn the fundamental pillars of the Buddha’s teachings, and find an easier path to Nirvana.” The structural design of the nearly 15m wooden chariot is not only awe-inspiring but also gravity-defying. It leverages the pliancy of the materials used in its construction -- flexible joints tied with cane soaked in water for several days. The precise proportions of the chariot ensure great manoeuverability in the narrow streets along the route of the chariot procession that include some 90° bends, without colliding into houses.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240418130432_9f5c2943f5d6b3f0010d3d5213697549945e87a6f7d3d8cbadd69f0dea6c6e2c.jpg" data-media-id="editor_5" data-image-id="20240418130432_9f5c2943f5d6b3f0010d3d5213697549945e87a6f7d3d8cbadd69f0dea6c6e2c" data-rendition-name="original" width="2500" height="3750" loading="lazy" alt="Seto Machhindranath"> </figure>  Driving and steering the chariot with brute muscle power of the mirthful crowd is a seemingly impossible task. But this has been achieved year after year, despite the fact that the devotees who tug wildly at the ropes lassoed to the two front wheels, are most likely in high-spirits (pun intended). Sanjay Manandhar, a US-based technology entrepreneur, recounts how his high school physics teacher from Canada asked his students to go observe the locals build the chariots of Karunāmaya if they were interested in becoming engineers in the future.&nbsp; “That made no sense to me then, but, after all these decades, I now see clearly how the structural design of the chariot, adopted early on by our ancestors is full of earthquake-resilient properties that need to be applied in building houses in an earthquake-prone zone like Nepal,” says Manandhar. A highlight of the chariot festival is that human goddess Kumari makes an appearance at the final destination in Lagan, usually on the third day. This is only one of the 13 times that people get to see the Kumari outside her temple abode.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240418130432_08aa39f3f004a212b33c60a2840d6013110de15dd34a0288f699dd5fda8957ab.jpg" data-media-id="editor_6" data-image-id="20240418130432_08aa39f3f004a212b33c60a2840d6013110de15dd34a0288f699dd5fda8957ab" data-rendition-name="original" width="2500" height="1667" loading="lazy" alt="Seto Machhindranath"> </figure>  On the last day of the festival (Saturday), the image of lord Karunāmaya is carried on a palanquin by priests from Janabahā in a gala procession and brought back to his permanent residence at the temple in Kel Tol.&nbsp; The chariot festival is thought to have started during the reign of King Pratap Malla of Kantipur in the 17th century CE. For close to four centuries, the construction of the chariot and its operation has proven to be a phenomenal engineering feat, and the people’s faith in divinity means the tradition is alive.&nbsp; The essence of the colourful rituals and the religious beliefs of this ancient chariot festival is now all but lost. The logic, technology and practicality must be brought back to light, as they reflect the high civilisation and wisdom of our ancestors that we can leverage in modern times and into the future. &nbsp; Alok Tuladhar is a culture and heritage documentarian.

Kathmandu’s gravity-defying chariot festival

"I shut down my poultry farm as the villagers did not buy fresh chicken from me,” sums up a Dalit farmer from Arghakhanchi district why he had to leave for work.&nbsp;
Most people can sell fresh meat in their villages and make a good profit but Dalits still cannot because people will not buy from them due to caste stigma. Dalits have no choice but to sell their poultry to outside suppliers for lower profits.&nbsp;
“Other hoteliers found out my caste and used it to push me out of competition. They informed my customers of my caste and discouraged them from staying at my hotel,” a Dalit hotelier shares.&nbsp;
The hotel was close to a medical school and had earned a good reputation among hospital visitors, at least until they discovered his caste.
As ‘higher’ caste customers stopped coming, he moved his hotel to the East-West highway, where customers, in a rush, do not have time to worry about the caste of the owner.&nbsp;
Read also: <a href="https://nepalitimes.com/opinion/comment/nepal-looks-at-alternative-investments">Nepal looks at alternative investments</a>, Siddhant Raj Pandey
“They will knock me out of the business if they know my caste,” says a Dalit who owns a pipe manufacturing business in Western Tarai. He has been in the business for several years. Due to fear of ostracisation from non-Dalits who dominate the industry, he has erased his caste name from all his documents and uses a non-Dalit surname.&nbsp;
These three incidents illustrate deeply rooted caste barriers blocking Dalits from entering and thriving in business even as they make up 14% of Nepal’s 29 million population.
Yet, due to Nepal’s hierarchical caste system, Dalits continue to be looked down upon as ‘untouchable’ and of ‘lower’ rank, and non-Dalits, as per caste norms, do not eat food and beverage items touched by them.&nbsp;
In a 2018 Tribhuvan University study, even seven years after anti-caste discrimination laws were passed, 34% of Hill Dalits and 28% of Madhesi Dalits reported routinely facing caste-based discrimination.&nbsp;
Caste-based barriers obstruct Dalits from freely participating and thriving in business, yielding at least three distinct types of market and non-market barriers.&nbsp;
Read also: <a href="https://nepalitimes.com/opinion/success-in-nepal-means-not-having-to-work">Success in Nepal means not having to work</a>, Anil Chitrakar
First, caste bias means ‘higher’ caste groups avoid buying goods and services from Dalits, except for menial labour. In their 2019 book Good Economics for Hard Times, Nobel laureates in economics Abhijit Banerjee and Esther Duflo show that social norms such as caste and patriarchy, and not just price, shape business decisions.&nbsp;
In Nepal’s case, ‘upper’ caste customers examine not only the price and quality of what they are buying but also the social value of goods and services.&nbsp;
Second, companies use caste norms to sideline Dalits out of competition. Development economists confirm that firms often deploy caste and ethnic discrimination to remove their competitors from the playing field.&nbsp;
Third, Nepal’s Dalits do not have easy access to resources such as land, capital, and networks that are usually a precondition to enter and thrive in business. Impoverished by decades of exclusion and discrimination, Dalits do not have collateral for loans. They face social stigma and stereotypes and do not get access to idea-and-trust-based loans.&nbsp;
Read also: <a href="https://nepalitimes.com/editorial/invest-in-investment">Invest in investment</a>, Nepali Times
As a result, they are forced to get by with low capital and higher interest rates. Dalits also do not have strong business networks, nor do they have access to the social spaces where business decisions are made. They do not have a strong community support system, which could compensate for low capital and weak policy networks.&nbsp;
These caste barriers not only block the entry of Dalits into business but also create market failures. Just like the Dalit hotelier in Bhairawa who was pushed out of the market, discriminatory practices allow only a few castes to dominate, forcing customers to buy in a market not governed by price and quality but by non-market measures. Eventually, such caste-based business practices create conditions for cartels and monopolies, blocking the free market.&nbsp;
Caste-biased business practices also yield inefficient resource allocation. Caste-based preferences in recruitment mean businesses are forced to draw from smaller talent pools, and Dalits miss out on opportunities for human development. Resources such as land and capital do not move across social groups, ultimately leading to unequal income distribution and lower economic growth.&nbsp;
Despite the challenges, Nepal is committed to ending discrimination in employment and business. In 1974, Nepal ratified the ILO Convention 111–Discrimination (Employment and Occupation) Convention, 1958. In 2002, the country enacted the Bonded Labour (Prohibition) Act, formally ending forced labour such as Kamaiya, Haliya and Haruwa-Charuwa. In 2020, Nepal Rastra Bank issued a guidance note to encourage loans to Dalits of up to one million rupees on concessional interest rates.&nbsp;
While the commitments on paper have been swift, they have not led to tangible results. In 2023, the ILO Experts’ Committee called for Nepal to implement Convention 111 to address discrimination against Dalits and to promote their access to productive resources such as land and capital.
Read Also: <a href="https://www.nepalitimes.com/banner/caste-aside">Caste Aside</a>, Nepali Times
Ahead of its upcoming graduation to middle-income country status in 2026, Nepal has prioritised private sector-led development, hoping to increase investment from domestic and international investors. The Nepal Investment Summit this weekend is designed to attract investments.&nbsp;
While these are welcome moves, Nepal should not miss the opportunity to free itself from barriers holding back the Dalit community. By unlocking Dalits from discrimination, Nepal can add to its human capital, ensure fair income distribution, increase resource allocation efficiency, and augment economic growth.&nbsp;
We need research on how caste-based discrimination has reinforced market failures. The business development capacity of Dalits needs to be enhanced by creating better access to information and business networks. Nepal’s macro and micro-economic policies should combat visible and invisible caste-based business barriers.&nbsp;
Monetary policies can grant Dalits access to non-collateralised finance at concessional interest rates, and tax exemptions can create a level playing field. Finally, there could be a policy guarantee that the government, as one of the largest buyers, purchases goods and services from Dalits.
Read also: <a href="https://nepalitimes.com/here-now/dalit-lives-must-matter">Dalit lives must matter</a>, Shristi Karki

constitution