<figure><img width="2400" height="1365" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d14489c7e80680e0a996djpeg.jpg" alt=""/><figcaption>Chiwan gears up for the 10th National General Convention of the CPN-UML on Friday. Photo: RSS</figcaption></figure>Nepal’s governance is once more grinding to halt as the two major parties, the Nepali Congress (NC) that leads the ruling coalition, and the opposition UML gear up for their general conventions.Such is the relentless focus on heated contest for influential posts within these parties that even the <a href="https://www.nepalitimes.com/opinion/the-real-story-in-nepals-supreme-court-debacle/" target="_blank" rel="noopener noreferrer">mutiny within the Supreme Court</a> against the Chief Justice has dropped off the headlines.  The conventions, during which Deuba and Oli will once again vie for top leadership positions within their respective parties, will take place even as the three branches of government are all tangled up. The UML conclave is being held in Chitwan this weekend, and the NC is holding its in mid-December in Kathmandu.The row over Chief Justice Cholendra SJB Rana has not only spot-lit the transactional relationship between the judiciary and executive, but also how the state is being held hostage by the internal power struggles within the main political parties.<a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">What is happening to Nepal’s Supreme Court?</a>, Santa Gaha MagarNepal’s current political turmoil came to a boil in December 2020 when Prime Minister KP Oli <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer">dissolved the House</a> in response to a months-long <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" target="_blank" rel="noopener noreferrer">internal power struggle </a>between him and his Nepal Communist Party co-chair Pushpa Kamal Dahal. The PM’s move was unsuccessful, as the Supreme Court restored the House in February 2021.This ultimately led to the Supreme Court deciding that the NCP unification was null and void, thus driving Pushpa Kamal Dahal of the Maoists and UML dissenter Madhav Kumar Nepal <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer">to ally with the opposition</a> led by the NC’s Sher Bahadur Deuba.  Oli dissolved parliament for a second time in May and the Supreme Court once more deemed it unconstitutional, even ordering that Deuba replace Oli as prime minister.Deuba began his<a href="https://www.nepalitimes.com/latest/deubas-long-and-winding-road/" target="_blank" rel="noopener noreferrer"> fifth term as prime minister</a> in July, leading a five-party coalition government by proroguing parliament and passing an <a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">ordinance to amend the Political Parties Act</a> that made it easier for political parties to split.This was directly intended to allow his ally Madhav Nepal to break away from the UML and form his own party, so making it possible for him to team up with the coalition government and seek cabinet positions. Many saw the prime minister's move (something he and his own coalition partners had accused Oli of committing) as an undermining of the parliamentary process.<a href="https://www.nepalitimes.com/latest/nepals-post-breakup-politics/">Nepal’s post-breakup politics</a>, Santa Gaha MagarBut Deuba outdid Oli: after the ordinance had served its purpose and begun to become a burden during his much-delayed cabinet expansion, he got President Bidya Devi Bhandari to <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/" target="_blank" rel="noopener noreferrer">repeal it</a>.  Deuba was bitterly criticised for running roughshod over the Constitution, but he was happy to form a full government. In the days leading up to the Cabinet expansion, news emerged that Chief Justice Rana wanted his nominees to also be given ministerships. The public, media and the legal fraternity was outraged by this blatant violation of the separation of powers.  <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/" target="_blank" rel="noopener noreferrer">Among Deuba’s cabinet picks</a> was Gajendra Bahadur Hamal for Minister of Industry, Commerce and Supplies, who just happened to be the brother-in-law of Chief Justice Rana and an NC member.Both Justice Rana, as well as Deuba’s camp, vehemently denied having negotiated for Cabinet positions, but the damage had been done. Hamal could not stand the heat and resigned three days later, leading many to conclude that there had indeed been a deal between the chief justice and the prime minister.As the judiciary erupted in protest, the Supreme Court stopped scheduled hearings. The Supreme Court Bar Association, the Nepal Bar Association, former Supreme Court justices <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/" target="_blank" rel="noopener noreferrer">called for boycotts</a> demanding the resignation of Chief Justice Rana.Rana has refused to step down, saying he would rather face an impeachment motion in the House, knowing fully well that the politicians did not have the stomach for it because of their own pending cases. A compromise of sorts was reached this week under which cases in the Supreme Court will be decided by a tamper-proof lottery-based cause list.<a href="https://www.nepalitimes.com/banner/non-government-of-nepal/">Non-government of Nepal</a>, Sonia AwaleNow, as the two major parties hold their general conventions as required by law, there are doubts about whether they serve any purpose when power is so centralised at the top leadership of parties even with federal devolution.“The Nepali Congress and the UML were revolutionary political parties formed after the democratic movement 30 years ago, they were expected to bring about great socio-economic transformation,” says political science professor Krishna Khanal. “But they face a great crisis, they are in a trap of their own making.”Khanal notes that the greatest challenges for Nepal’s political parties are not constitutional matters or public opinion and discourse, but conflicting ambitions within individual parties that could make them implode, as parties have done in the past.“There is no internal democracy within Nepal’s political parties,” laments Radheshyam Adhikari himself an NC MP. “The  Constitution stipulates that political parties must hold internal elections every five years, which Nepal’s major political parties have failed to do. They have therefore lost their public legitimacy.”Khanal and Adhikari agree that political parties have just become a collective of selfish people seeking to grab power for their own self-interest. The current political climate also brings into question the leadership of Nepal’s ageing political figures, and the need for a younger generation to step up to the stage.“Nepal’s political parties are a stagnant swamp, not a constantly flowing river,” Khanal says. “The same leaders from three decades ago are still holding and vying for power instead of passing the baton to a new generation of leaders who came post-2006.”Meanwhile, Nepalis are now so disillusioned with the current state of politics that they do not just blame the politicians, but to flaws in the Constitution and even the very concept of a secular multi-party federal state.  However, former law minister and ambassador to India Nilamber Acharya says the current state is not due to the Constitution, but the flagrant violation of its principles.<a href="https://www.nepalitimes.com/latest/india-nepal-ties-must-move-beyond-1950-treaty/">“India-Nepal ties must move beyond 1950 treaty”</a>, Nepali Times“The current political disarray is not due to republicanism or federalism, but due to the inability of elected leaders to bring those concepts into practice,” Acharya says. “The responsibility of preserving the democratic process and strengthening the republic lies primarily with the Nepali Congress and the UML.”  He adds, “The flaw lies not in democracy, but in the fact that we do not have a functioning democratic process. The multi-party system is not responsible, the deep factionalism within the parties, and the inability of leaders to work together for the national interest.”

Shristi Karki

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Unconventional party conventions

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161128/636d19199c7e80680e0ac7fdjpeg.jpg" alt="" width="960" height="640"/><figcaption>Photo: MONIKA DEUPALA</figcaption></figure>Wednesday, 20 October <a href="https://www.nepalitimes.com/latest/who-wants-early-elections-and-why/" target="_blank" rel="noopener noreferrer">marked 100 days since Prime Minister Sher Bahadur Deuba assumed office</a>, for the fifth time in his political career, and head of a 5-party coalition.Soon after his appointment in July, now Defence Minister Minendra Rijal of the Nepali Congress (NC) was scathing in his criticism of the<a href="https://www.nepalitimes.com/banner/court-debates-nepal-pm-olis-future/" target="_blank" rel="noopener noreferrer"> preceding K P Oli government</a>. He told a House session: “The Nepali people will now finally see for themselves how a government is actually supposed to function.”Nepalis have certainly seen first-hand how the coalition government has functioned, although not in a way Rijal meant it. Rather, this ‘honeymoon period’ has been characterised by<a href="https://www.nepalitimes.com/banner/non-government-of-nepal/" target="_blank" rel="noopener noreferrer"> failures and incompetence</a>.It took Deuba a full 88 days to even <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/" target="_blank" rel="noopener noreferrer">fill Cabinet positions</a>, as he attempted to reach a power-sharing agreement and divide ministerial portfolios within his political alliance.To be sure, not all the blame lies at Deuba’s doorstep. <a href="https://www.nepalitimes.com/latest/what-is-delaying-nepal-cabinet-expansion/" target="_blank" rel="noopener noreferrer">Coalition partners haggled </a> with each other, and factions within the governing parties competed for quotas and plum ministerial berths.In order to keep his coalition intact, the prime minister’s first order of business was to prorogue Parliament in the midst of a budget debate so that he could <a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">issue an ordinance</a> that would allow his ally Madhav Kumar Nepal to form a new party and join his coalition.Earlier this year, Deuba had been fiercely critical when <a href="https://www.nepalitimes.com/editorial/parliamentary-whiplash/" target="_blank" rel="noopener noreferrer">K P Oli also dissolved Parliament</a> in an unsuccessful attempt to pass a similar ordinance, and instigate early elections. Deuba came out looking hypocritical at best.“This government chose to repeat the mistakes of its predecessor, the very ones that it deemed unconstitutional and undemocratic,” notes economist Keshav Acharya.The farce did not end there: Deuba then <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/" target="_blank" rel="noopener noreferrer">repealed the ordinance</a> after it became an albatross around his neck as Nepal and the other coalition partner, the Janata Samajbadi Party, feared it would lead to further splits.The Cabinet expansion, when it did happen, ignited criticism from media, legal, and political spheres after news emerged that Chief Justice Cholendra SJB Rana wanted two of his nominees to be awarded ministries. Deuba appointed the Chief Justice’s brother-in-law Gajendra Hamal, an unelected NC member, as the Industry, Commerce and Supplies Minister.If Deuba’s precious misdemeanours were tolerated, Hamal’s appointment was seen by many as crossing the line on the separation of powers and led to a public outcry and outrage on media. Hamal resigned three days later.“The fact that the leadership was unable to form a full Cabinet in time just confirmed to the public their worst perception towards the leadership,” adds Acharya.Contrary to its commitment to transparency, the government has continued to grant public appointments to party-affiliated candidates, some of whom are under investigation for professional discrepancies. Twelve of Nepal’s ambassadors <a href="https://www.nepalitimes.com/editorial/swapping-ambassadors-midway/" target="_blank" rel="noopener noreferrer">were abruptly recalled in September</a>, even those who had been relatively successful.The disarray in the coalition has brought important policy decisions as well as economic activities to a complete standstill. Dozens of important bills are stuck in Parliament. The federal civil service bill, which was supposed to be passed three years ago, has been withdrawn, and the <a href="https://www.nepalitimes.com/latest/missing-links-in-nepals-mcc-debate/" target="_blank" rel="noopener noreferrer">Milennium Challenge Corporation (MCC) ratification</a> is stuck.“None of the promises made before and during the formation of the government has been fulfilled yet,” says former Finance Secretary Rameshore Khanal, “it looks very much as though the government is yet to find its feet.”Indeed, the prime minister has not even been able to appoint members to his own secretariat, and remains without economic, political, and foreign affairs advisers. Appointed ministers have failed to disclose their financial assets, as required by law.Even the decisions the government has finally taken have proven to be controversial – like the amendment to the budget that make it easier for money laundering by not requiring source of income for investors.Moreover, the failure to reach a consensus within the parties on issues of national importance, such as the budget, led to a government shutdown for the first time in the 71-year history of Nepal’s budget.According to the Office of the Comptroller and Auditor General, only 3.42% of the government's development-targeted capital expenditure has been used during the first three months of the current fiscal year, down from 4.28% during the last fiscal year. Nepal’s ‘national pride projects’ are affected even as infrastructure damaged by <a href="https://www.nepalitimes.com/latest/post-monsoon-rain-ruins-nepals-crops/" target="_blank" rel="noopener noreferrer">this monsoon’s devastating floods</a> need to be urgently repaired."The government has no roadmap for how to function,” says Kishor Thapa of Bibeksheel Sajha Party, “and bureaucracy cannot function in a leadership vacuum.”Prime Minister Deuba, in an interview in state-run Gorkhapatra said that the United States was ready to amend the MCC agreement to upgrade Nepal’s electricity transmission lines and highways. However, the project has become a victim of political infighting and geopolitics, and <a href="https://www.nepalitimes.com/latest/mcc-row-rocks-nepals-ruling-coalition/" target="_blank" rel="noopener noreferrer">even threatens the coalition</a>.Foreign policy has been another disaster. There have been no active attempts to address <a href="https://www.nepalitimes.com/latest/untangling-the-kalapani-knot/" target="_blank" rel="noopener noreferrer">Nepal’s border disputes with India</a>,  and no investigation into the disappearance of a young Nepali man on the Mahakali border river. Instead, Deuba unnecessarily angered Beijing by setting up a committee to look into a long-settled border issue with China.With the 2022/23 elections a little over a year away, Deuba needs to improve performance if his NC is to get more votes this time. In fact, Deuba seems to be so nervous about this that he is batting for early elections.“This opportunity to form a government was pure luck,” a close Deuba aide admitted candidly, “so no clear goals or directions had been set at the time of government formation, there was and has been only confusion.”One of Deuba’s only success stories so far has been the <a href="https://www.nepalitimes.com/banner/the-jabs-and-jabnots/" target="_blank" rel="noopener noreferrer">Covid vaccination drive</a> -- 30% of the eligible population has been fully vaccinated so far, while 39% have received the first dose. China has promised a further 2 million vaccine doses.Former government secretary Krishna Gyawali sums up the first 100 days: “The leadership has been unable to make bold political decisions and reforms. While this government does not seem to have made things worse than the previous one, it certainly hasn’t done anything to make things better either.”Translated by Shristi Karki from the <a href="https://www.himalkhabar.com/news/126186">original</a> in www.himalkhabar.com.

100 DAYS

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161128/636d19159c7e80680e0ac7fcjpeg.jpg" alt="" width="1149" height="640"/><figcaption>Photo: MONIKA DEUPALA</figcaption></figure>The <a href="https://www.nepalitimes.com/latest/who-wants-early-elections-and-why/">first 100 days of Sher Bahadur Deuba</a> as fifth-time prime minister is not a huge disappointment to Nepalis -- most did not expect much from it.To be sure, it is not all Deuba’s fault, but as prime minister the buck stops with him. He has taken the blame for infighting between and within coalition partners that <a href="https://www.nepalitimes.com/latest/what-is-delaying-nepal-cabinet-expansion/">delayed government formation</a>, for riding roughshod over the <a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/" target="_blank" rel="noopener noreferrer">Constitution</a>, <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/">making controversial appointments</a>. But most of all, the government is seen to be uncaring about citizens ravaged by <a href="https://www.nepalitimes.com/latest/monsoon-hits-nepal-with-a-bang/">floods</a> and the <a href="https://www.nepalitimes.com/banner/helping-nepals-covid-orphans/" target="_blank" rel="noopener noreferrer">pandemic</a>, as well as dismissive about the demand from long-excluded Nepalis for<a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/"> social justice</a>.Perhaps nothing has driven home government indifference and neglect for the marginalised more than the treatment meted out to activists like Ruby Khan who walked for 20 days from Nepalganj to Kathmandu to highlight their demand for a fair investigation into the death of two women in Banke district for which they were given the runaround by local police and administration.Nakunni Dhobi, 38, was found dead in her home in July, and foul play was suspected because she had previously faced dowry-related violence. Nirmala Kurmi, 52, has been missing following the passing of her husband and the suspicious deaths of her two sons soon after. Khan had filed a case of kidnapping and murder against 12 people, including NC leader Badshah Kurmi, as part of a plan to take over her property.When the <a href="https://www.nepalitimes.com/latest/protesting-to-protect-the-right-to-protest/" target="_blank" rel="noopener noreferrer">activists</a> finally arrived in Kathmandu, tired, hungry and with blistered feet, the government arrested the activists. The Supreme Court later freed them, but Ruby Khan went on a hunger strike, until the government finally agreed to investigate the two cases.Few believe this will result in justice being delivered, as has been the case of previous high-profile cases of violence against women.“On one hand it is a great achievement that women from a minority community dared to come all the way to Kathmandu for justice and turn this into a national issue,” says journalist Namrata Sharma. “But that they had to resort to this, and were not able to get justice in Banke is a failure of our governance.”Indeed, the <a href="https://www.nepalitimes.com/latest/deubas-long-and-winding-road/" target="_blank" rel="noopener noreferrer">Deuba-led coalition government</a> for the most part in the last three months has been embroiled in a power struggle ahead of the elections in 2023 and the concerns of the public get little importance. Commentators have gone as far as to say that Deuba has committed as many mistakes in three months as that made by K P Oli in three years.For Deuba’s faction-ridden party and coalition, the Ruby Khan case was just an inconvenient distraction in trying to keep his government intact, and to show the public that it is different than the K P Oli government it replaced in June. But 100 days later, he does not have much to show for it.In fact, commentators have said Deuba has violated the constitution more often in the past three months than <a href="https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/" target="_blank" rel="noopener noreferrer">Oli did in the three years</a> he was prime minister. Members of Deuba’s own NC have been most critical of his dissolution of Parliament to <a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">pass an ordinance to help Madhav Kumar Nepal split from the UML</a>, and then repeal it after the deed was done.“Making laws to serve a particular political party or individual violates the Constitution,” said political analyst Shyam Shrestha. “This makes a mockery of the rule of law, and is unimaginable in a democracy.”And if that was not enough, Deuba allegedly had a pact with Chief Justice Cholendra SJB Rana to nominate two ministers. One of them, Rana’s brother-in-law, Gajendra Bahadur Hamal, was appointed to the Cabinet, but resigned three days later following a public uproar.Even when the coalition has acted decisively, it is for the wrong reason. The Finance Minister amended the Financial Act scrapping the requirement that investors needed to show source of income. This preceded revelations in the <a href="https://www.icij.org/investigations/pandora-papers/global-investigation-tax-havens-offshore/" target="_blank" rel="noopener noreferrer">Pandora Papers</a> about <a href="https://www.nepalitimes.com/here-now/nepals-richest-man-in-the-pandora-papers/" target="_blank" rel="noopener noreferrer">Nepali tycoons maintaining offshore shell companies </a>for money laundering.This week, Human Rights Watch slammed Nepal Police for using excessive force that killed four squatters protesting eviction in Butwal.All of this while the country is still reeling from what has been a disastrous monsoon season. Moreover, this week parts of <a href="https://www.nepalitimes.com/latest/post-monsoon-rain-ruins-nepals-crops/" target="_blank" rel="noopener noreferrer">western Nepal were hit with unseasonal downpours </a> that dumped 500mm of rain in 24 hours in some places, killing at least 100 people, destroying roads, and wiping out 20% of the country’s ready to harvest rice.Meanwhile, health experts across the country are on alert for a possible <a href="https://www.nepalitimes.com/latest/dasain-crowd-unmasked/" target="_blank" rel="noopener noreferrer">post-Dasain surge in Covid</a> cases as families mingle during the festivals while the contagious Delta variant is still circulating.Half of Kathmandu’s target population <a href="https://www.nepalitimes.com/banner/the-jabs-and-jabnots/" target="_blank" rel="noopener noreferrer">has been vaccinated</a> but the rest of the country is far behind, and as such hospitals and limited medical professionals must be on standby, especially with the onset of the winter season. More than 1,000 ventilators donated during the second wave are just sitting on store-rooms in hospitals across the country.The coalition government, however, has already set its sight on the 2023 elections but not on the fact that district hospitals have<a href="https://www.nepalitimes.com/latest/donated-ventilators-gather-dust-in-nepal/"> ventilators but no doctor or nurse to operate it</a>, or that Nepal is yet to build a proper storage facility for vaccine for the inoculation of children against Covid-19.Says pulmonary specialist Raju Pangeni at HAMS Hospital: “Our priority now must be to vaccinate children across Nepal after the holidays, and with only Pfizer and Moderna certified for the younger population, we should already be preparing for the required storage facility.”

Sonia Awale

Non-government of Nepal

<figure><img width="3600" height="2454" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161128/636d19129c7e80680e0ac7fbjpeg.jpg" alt=""/><figcaption>Photo: ROSHAN SAPKOTA/RSS</figcaption></figure>Even as he completes his ‘honeymoon period’ in office,<a href="https://www.nepalitimes.com/latest/deubas-long-and-winding-road/" target="_blank" rel="noopener noreferrer"> Prime Minister Sher Bahadur Deuba</a> is sending signals that he would like to call <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer">early elections</a>.Already under fire for <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/" target="_blank" rel="noopener noreferrer">non-performance and incompetence</a>,  his five-party coalition is in <a href="https://www.nepalitimes.com/latest/mcc-row-rocks-nepals-ruling-coalition/" target="_blank" rel="noopener noreferrer">disarray</a>, and some in his own Nepali Congress (NC) want elections before the party’s popularity plummets further.Deuba led his five-party coalition into office on 13 July after the <a href="https://www.nepalitimes.com/here-now/nepal-court-orders-deuba-to-succeed-oli/" target="_blank" rel="noopener noreferrer">Supreme Court reinstated the Lower House</a> that was dissolved by his predecessor K P Oli. But Deuba and some of his colleagues appear reluctant to allow Parliament to complete its full five-year term.The next elections are due in December-January 2022, and Parliament’s term is valid till April 2023. Besides his party’s election prospects, Deuba also wants early polls to defuse increasing dissent within his party from those dissatisfied with his leadership. This is the fifth time Deuba has been Nepal’s prime minister in the last 23 years. Those supporting Deuba’s push for early polls include leaders from all parties who lost in the 2017 polls, as well as coalition leaders who did not get ministerial portfolios in Deuba’s belated Cabinet expansion on 8 October. The opposition UML led by K P Oli has always batted for mid-term polls. Electoral calculations now even determine relations between the coalition partners and the NC itself. The Maoist Centre (MC), for instance, appears not too unhappy to place all blame for the government’s failures on the prime minister’s lap. In fact, Deuba has become the lightning rod, while <a href="https://www.nepalitimes.com/latest/pushpa-kamal-dahal-is-still-prachanda/" target="_blank" rel="noopener noreferrer">none of the criticism seems to rub off on the MC’s Pushpa Kamal Dahal</a> and the party’s ministers in government.“Voters are disillusioned, so the government must announce some bold initiatives in the public interest,” says the MC’s Giriraj Mani Pokhrel, who has served as education and health minister in previous governments. “The coalition must keep its unity intact till elections.” When Oli <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer">dissolved the House for the first time</a> on 23 December 2020 after facing a mutiny within his Nepal Communist Party from Mahdav Kumar Nepal and Dahal, Deuba who was then the leader of the main opposition party, had supported his call for a <a href="https://www.nepalitimes.com/latest/i-had-no-other-option-pm-oli/" target="_blank" rel="noopener noreferrer">fresh electoral mandate</a>. The NCP then split into the MC and UML, and Nepal himself broke away from the UML to form the Unified Socialists (US).     It would be advantageous for the NC to call for early elections, since it would benefit from the <a href="https://www.nepalitimes.com/latest/nepals-post-breakup-politics/" target="_blank" rel="noopener noreferrer">split in the NCP and UML</a>,  as well as the Janata Samajbadi Party led by Upendra Yadav, which is also in the coalition.However, some NC insiders say that the real reason Deuba wants early polls is because of <a href="https://www.nepalitimes.com/latest/what-is-delaying-nepal-cabinet-expansion/" target="_blank" rel="noopener noreferrer">the party’s general convention</a>, which Deuba wants to postpone to blunt rising criticism from party stalwarts like Ram Chandra Paudel, Shekhar Koirala and others who want the convention to go ahead. The case for early polls and postponing the party convention is legally fraught, and Deuba will have to jump through some constitutional hoops if he is to announce it. “If the NC is going to postpone its general convention once again, the Election Commission could de-register its party name and election tree symbol,” says Punranjan Acharya, a political analyst.Meanwhile, Dahal’s MC is holding its own convention in December, and the party does not appear to be ready yet for early elections. The MC was formed after the Supreme Court refused to accept the unity of the Maoists and the UML to form the NCP in 2018.Dahal and the MC are already eying the NC as their prospective election rivals, and allowing Deuba to take the heat for the government’s many failures in the past 100 days. The Maoists see Deuba’s insistence on keeping the powerful Home, Defence and Foreign Ministries with the NC as a part of his elections strategy. Constitutional expert Bipin Adhikari says that elections are deemed to have been held on schedule only if they are held after Parliament completed four and half years. He also says local elections should be held first, followed by federal polls. This would mean that Deuba’s early polls, if held, would be very close to normal elections anyway.Party conventions used to be boisterous affairs, but except for the NC there does not seem to be much discussion about the MC, US and UML conventions. The reason could be that while the party leadership is being challenged in the NC by various factions, Dahal, Nepal and Oli seem to be firmly in control of their own parties.

Who wants early elections, and why?

<figure><img width="3600" height="2037" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141156/636d03599c7e80680e0a36cbjpeg.jpg" alt=""/><figcaption>Photo: ROSHAN SAPKOTA/RSS</figcaption></figure>On Tuesday, President Bidya Devi Bhandari on the recommendation of the government repealed the <a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">ordinance to amend the Political Parties Act</a> that she herself signed on 26 August.Nepal’s ceremonial president was acting on orders of <a href="https://www.nepalitimes.com/here-now/nepals-accidental-prime-minister/" target="_blank" rel="noopener noreferrer">Prime Minister Sher Bahadur Deuba</a> who needed to relax a constitutional provision that made it  difficult to split parliamentary parties so that dissidents could break away from the UML and get him the majority to <a href="https://www.nepalitimes.com/latest/deuba-5/" target="_blank" rel="noopener noreferrer">form a government</a>.For this, Deuba first prorogued Parliament to issue the ordinance allowing political parties to split if 20% of the Central Committee and the parliamentary party voted for it – down from 40% needed in the Constitution. The ordinance on the constitutional amendment allowed UML dissidents led by Madhav Kumar Nepal to <a href="https://www.nepalitimes.com/latest/nepals-post-breakup-politics/" target="_blank" rel="noopener noreferrer">break away from former prime minister K P Oli’s UML</a> to form a new party, the UML (Unified Socialist) and join Deuba’s five-party political alliance.Nepal’s Unified Socialists was registered at the Election Commission with 95 Central Committee members, 58 of whom defected from from Oli’s UML. Deuba’s ordinance also enabled <a href="https://www.nepalitimes.com/latest/jsp-as-nepals-king-maker-party/" target="_blank" rel="noopener noreferrer">Mahanta Thakur</a> to form his own Loktantrik Samajbadi Party after the Election Commission gave the leadership of his Janata Samajbadi Party to Upendra Yadav. Thakur had been demoted from the JSP’s Central Committee for supporting Oli. The ordinance, which needed to be ratified by Parliament within 60 days, had been weighing Deuba down, <a href="https://www.nepalitimes.com/latest/government-in-installments/" target="_blank" rel="noopener noreferrer">delaying his Cabinet expansion</a>. While Nepal was been worried that the ordinance might not be ratified and his new party would have no legal standing, Upendra Yadav wanted the ordinance scrapped to prevent his own JSP from splitting further.With the repeal of the ordinance, the way is now clear for Deuba to <a href="https://www.nepalitimes.com/latest/what-is-delaying-nepal-cabinet-expansion/" target="_blank" rel="noopener noreferrer">expand his Cabinet</a>. But this has come at great moral and legal cost for Deuba who is seen to have bent the Constitution to fulfil his partisan interest.  "Making laws to serve a particular political party or individual is a blow to the democratic system," says political analyst Shyam Shrestha. "This makes a mockery of the rule of law, and is unimaginable in a democracy.” In a democratic system, ordinances are issued only when the House is not in session, as legal facilitation to matters of national import. However, PM Deuba suspended parliament in August just so he could issue the party split ordinance with the sole purpose of allowing Madhav Nepal to form a new party. Now he has withdrawn the ordinance, and is pretending that everything is back to normal.Deuba is just following the steps of his predecessor, K P Oli who himself suspended Parliament last year and issued an ordinance allowing political parties to split if 40% of either the parliamentary party or the Central Committee agreed to it. The 2015 Constitution actually prohibited parties from splitting at all. At the time, Deuba, who was in the opposition,  had joined Oli’s political rival<a href="https://www.nepalitimes.com/latest/pushpa-kamal-dahal-is-still-prachanda/" target="_blank" rel="noopener noreferrer"> Pushpa Kamal Dahal </a>of the Maoists and Madhav Nepal in calling Oli’s move “unconstitutional and unacceptable”. Oli was forced to withdraw the ordinance even before President Bhandari signed it following fierce criticism from all sides.This time, while Dahal and Nepal stayed mum, Deuba’s ordinance move has drawn heavy flak from across the political spectrum including from within his own NC. “The ordinance was not justified at all, it was done solely for short-term political expediency, and now we are in a constitutional void where the 40% provision also needs to be passed by ordinance again,” says advocate Radheshyam Adhikari.In a scathing Tweet, Rastriya Prajatantra Party Chairman Kamal Thapa posted: ‘This an example of corrupt and shameless politics.’Article 5 of <a href="https://www.lawcommission.gov.np/en/wp-content/uploads/2018/10/interpretation-of-laws-act-2010-1954.pdf" target="_blank" rel="noopener noreferrer">Nepal’s Interpretation of Laws Act</a> states that the repeal of any Act amending an original law will not affect the implementation of the amendment: ‘Where any Act repeals any enactment by which the text of any Act or Rules/Regulation/by-law was amended by the express omission, insertion or substitution of any matter, then unless a different intention appears the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.’Indeed, Shyam Shrestha says that the very government which issued the ordinance recommending that it be repealed is confirmation that it was  wrong move in the first place: “If it was incorrect to introduce the ordinance, why was it issued? And if it was the right thing, why was it then repealed?”Translated by Shristi Karki from the Nepali <a href="https://www.himalkhabar.com/news/125978?fbclid=IwAR0_5QW4aVuraQgc3NFpoWO1f1IVXL4Qg5HDF8gQ-4Tl4C91hV2eTLWpfvo">original</a> in www.himalkhabar.com

Political expediency trumps Nepal Constitution

<figure><img width="800" height="478" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141132/636cfddd9c7e80680e0a0c0ajpeg.jpg" alt=""/><figcaption>Leaders of Oli-led UML gather for a photo after a Standing Committee meeting on 24 August. Photo: PRADEEP GYAWALI/TWITTER</figcaption></figure>Nepal’s Election Commission on Wednesday evening officially recognised and certified Madhav Kumar Nepal’s UML (Socialist) and Mahanta Thakur’s Loktantrik Samajwadi (LSP) parties. Nepal’s disagreement with K P Oli ended up <a href="https://www.nepalitimes.com/latest/nepal-takes-1-step-forward-2-steps-back/" target="_blank" rel="noopener noreferrer">splitting Nepal’s largest party</a>,  even though Oli has managed to woo back a dozen or so of the most influential Nepal-backers. In almost identical but reverse symmetry, Thakur had sided with Oli, and that too ended up splitting his JSP so that he had to form a new one. The registration of two new political parties has taken the total number of political parties in Nepal to 97. However, the way political leaders including <a href="https://www.nepalitimes.com/latest/deubas-long-and-winding-road/" target="_blank" rel="noopener noreferrer">Prime Minister Deuba</a>, and Oli when he was head of government, bent constitutional rules to suit their short-term power games does not bode well for Nepal’s democracy, and future governance. Earlier on Wednesday, 59 lawmakers from the UML had identified themselves in favour of the UML (Socialist) at the Election Commission, while 14 MPs from the JSP were verified for the LSP. <figure><img width="800" height="473" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141132/636cfddf9c7e80680e0a0c0bjpeg.jpg" alt=""><figcaption>Madhav Kumar Nepal and other leaders arrived at the Election Commission on Wednesday to verify for the Nepal-led UML (Socialist) party. Photo: RSS</figcaption></figure>The two new entities were able to split from their mother parties after Prime Minister Deuba of the centrist Nepali Congress (NC) <a href="https://www.nepalitimes.com/latest/old-wine-in-old-bottle-in-nepal-politics/" target="_blank" rel="noopener noreferrer">bypassed the Constitution with an ordinance</a> last week allowing political parties to split with only 20% support from the Central Committee and the parliamentary parties.To do this, Parliament had to be adjourned despite a crucial budget debate. But he needed to go through with it to accommodate Nepal’s group in his five-party alliance government as a reward for mutinying against Oli, and bringing down his government in June.Most political moves have something to do with elections in mind, and these power dynamics are also dictated by polls. Some see Deuba’s move to split Nepal’s largest party, the UML, as a shrewd move ahead of polls scheduled for 2023.But Sher Bahadur Deuba also got badly exposed for hypocrisy. In 2020, he had spoken out vehemently against <a href="https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/" target="_blank" rel="noopener noreferrer">K P Oli’s attempt to pass a similar ordinance</a>, and his ordinance was sharply criticised across the political aisle, including from within his own NC. These new circumstances will not only impact how the UML and JSP will move forward, but have far-reaching consequences for Nepal’s political and parliamentary processes. Cabinet expansionIt has been 40 days since he assumed office, but Deuba seems to be in no particular hurry to expand his Cabinet beyond just the four ministers he has from the Maoists and his own NC. However, we have word that he is working behind the scenes, trying to divide up ministerial positions, balance competing demands from his five-party alliance that propelled him to prime ministership <a href="https://www.nepalitimes.com/latest/deuba-5/" target="_blank" rel="noopener noreferrer">for the fifth time</a>.  <figure><img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141132/636cfde29c7e80680e0a0c0cjpeg.jpg" alt=""><figcaption>Pushpa Kamal Dahal and Madhav Kumar Nepal attend newly-appointed Prime Minister Sher Bahadur Deuba's oath of office in July. Photo: AMIT MACHAMASI</figcaption></figure>There is no doubt that his ordinance move was meant to facilitate his ally Madhav Nepal’s participation in government. NC leaders admit that Deuba will move to fill the Cabinet quickly now that the UML split is official.  "We had been waiting for Madhav Nepal," says NC joint general secretary and close Deuba confidante Prakash Sharan Mahat, “the cabinet should now be complete within the next couple of days.” UML (Socialist) leader Veduram Bhusal says that although there has not been a formal decision to join Deuba’s government, the party will remain in the coalition.  “Madhav Nepal played a significant role in forming the current government, and the government is even stronger now that our party has been officially recognised,” he said. Parliament serves a full term In July, Deuba received 165 votes in Parliament to pass the floor test, including from 22 lawmakers from the Nepal faction of the UML and surprisingly, from the entire pro-Oli Mahanta Thakur faction within the JSP.  That Deuba got that support beyond the required simple majority of 138 votes increased the likelihood that Parliament will after all be able to serve its full term after <a href="https://www.nepalitimes.com/here-now/supreme-court-puts-nepal-politics-back-on-track/" target="_blank" rel="noopener noreferrer">Oli dissolved it twice</a> amid fierce infighting within his party. Possible UML reunification The UML was established in 1990 after the unity of two communist parties and had split once before in 1997 only to be reunited three years later.  So, there is still a slight possibility that history will be repeated. Indeed, as Madhav Nepal moves forward with his rump party, Oli has also been planning his next political move.  The former prime minister has been stepping up party activities standing shoulder to shoulder with his enemies and staunch former Madhav Nepal allies like Bhim Rawal, Astalaxmi Shakya, Surendra Pandey, Ghanshyam Bhusal, Yogesh Bhattarai, Gokarna Bista, and Raghuji Pant. These gentlemen, and one lady, obviously saw their electoral prospects would be brighter if they remained in the original UML with Oli. New electoral alliances Besides negotiations on government formation, leaders of the Maoist (Centre), UML (Socialist), and JSP have already begun to explore the possibility of forming an electoral alliance ahead of the polls in 2023.  In fact, political analyst Shyam Shrestha believes that Mohan Baidha and Netra Bikram Chand factions of the Maoists could also join the alliance if Madhav Nepal’s party “adopts a slightly more revolutionary path”. Considering the similar ideological backgrounds of leaders like Upendra Yadav, Baburam Bhattarai, Ashok Rai, Mahendra Rai Yadav, and Rakam Chemjong, a ‘socialist’ alliance indeed looks possible —at least on paper.  However, the implosion of the ambitious UML-Maoist (Centre) merger into the Nepal Communist Party (NCP) that barely lasted three years has made leftist leaders wary of forging similar marriages of convenience. Says Giriraj Mani Pokhrel of the Maoists (Centre): “The UML and the Maoist (Centre) have both learned that unity is only possible if all parties involved are on the same page regarding political, ideological and organisational issues, and that such a meeting of minds lasts.” Transliteration by Shristi Karki from the <a href="https://www.himalkhabar.com/news/125597">Himal Khabar original</a> in Nepali.

Nepal’s post-breakup politics

<figure><img width="2777" height="2385" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141132/636cfd6c9c7e80680e0a0be3jpeg.jpg" alt=""/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>A month after the <a href="https://www.nepalitimes.com/here-now/nepal-court-orders-deuba-to-succeed-oli/" target="_blank" rel="noopener noreferrer">downfall of his government</a>, K P Oli's inability to keep his party together is still rocking Nepal's larger politics with aftershocks.<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/nepals-accidental-prime-minister/" target="_blank" rel="noopener noreferrer">Prime Minister Sher Bahadur Deuba</a> has repeated transgressions of his predecessor to allow political parties to split through ordinance -- exactly the sin his five-party alliance <a href="https://www.nepalitimes.com/latest/pressure-mounts-on-pm-oli/" target="_blank" rel="noopener noreferrer">accused Oli of committing</a> to oust him.Deuba ended the Parliament session, the budget debate be damned, just so that he could get President Bidya Devi Bhandari to sign the ordinance that that will now allow his ally Madhav Kumar Nepal to form a new party.The ordinance allows political parties to split even if only 20% of the Central Committee and the parliamentary party support it — obviously meant to allow Madhav Nepal’s UML (Socialist) party to break away from Oli’s mainstream UML so it can join the government.But Deuba’s move has been condemned across the political spectrum, including from within his own Nepali Congress (NC) where there was scathing rebuke from senior members.  ‘It doesn’t matter who does it, it is wrong to pass an ordinance like this in a democracy. It was wrong then, and it is wrong now,’ the NC’s Gagan Thapa posted on Twitter. ‘Anyone who stood against Oli’s moves back then has no right to support it at this time.’ The NC’s Shekhar Koirala described his own boss’ decision to end the Parliament session to directly influence the division of another political party as being ‘against the culture of the Nepal Congress’.  <blockquote>संसद अधिवेशन हठात अन्य गरेर संसद छल्दै अध्यादेश ल्याउनु गलत!हिजो गलत,आज गलत,सधैं गलत,जसले गरेपनि गलत 👎️ हिजो ओलीले ल्याउँदा गलत भन्ने,त्यसको विरुद्धमा उभिने कसैलाई पनि आज समर्थन गर्ने हक छैन/हुँदैन।समर्थन गर्ने भए त्यतिवेला विरोध गरेकोमा सार्वजनिक माफी माग्नुपर्छ।— Gagan Thapa (@thapagk) <a href="https://twitter.com/thapagk/status/1427831835984236547?ref_src=twsrc%5Etfw">August 18, 2021</a></blockquote> Experts agree that ordinances passed to serve short-term partisan interests will have far-reaching consequences for Nepal’s political and parliamentary processes. “The prime minister passed this ordinance allowing parties to split with just 20% support, what if in future other ordinances bring down the required votes to 10%, or even 5%,” asks political analyst Puranjan Acharya. Oli seems to have gotten wind of Deuba’s move, and on Tuesday expelled 14 party members including Madhav Nepal before that could happen. That sealed the fate of the UML.“We tried our best until the final moment to keep the party united, but K P Oli closed the door,” Nepal said at a virtual public sector meeting on Tuesday.However, Deuba’s supporters in the party saw it as a shrewd move to split the powerful UML so that his party would be better placed in elections in 2023.Nepal moved quickly on Wednesday to register his CPN-UML (Socialist) at the Election Commission with 95 Central Committee members, 58 among which have switched over with him from Oli’s UML.However, popular second-echelon leaders like Bhim Rawal, Gokarna Bista and Ghanashyam Bhusal, who had been mediating between the two leaders, have not joined Nepal’s new party. They appear to have feared a backlash for supporting the NC, and also seen better prospects in elections if they stayed on in the UML. <img width="2106" height="1320" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141132/636cfd6f9c7e80680e0a0be4jpeg.jpg" alt="">Ironically, Deuba’s ordinance seems to have also directly benefited Mahanta Thakur, who had also been demoted from the JSP’s Central Committee for <a href="https://www.nepalitimes.com/banner/going-down-with-the-ship/" target="_blank" rel="noopener noreferrer">supporting Oli</a>.If it were not for the ordinance, Thakur would not have been able to muster the 40% of parliamentary party membership that was earlier required to register his own JSP (Democratic). The UML <a href="https://www.nepalitimes.com/editorial/tried-tested-and-failed/" target="_blank" rel="noopener noreferrer">split despite efforts by the rank-and-file to keep it together</a> only because Oli and Nepal could not get along. Nepal accused Oli of authoritarianism, and Oli was angry about Nepal siding with the opposition alliance to unseat him. But at the heart of it was an ego-clash between Nepal's top communists.'Nepal’s communist movement is built on the revolutionary vision of our forefathers and the sacrifices of thousands of martyrs and warriors, and we want to prevent it from collapse,' Madhav Nepal said in a statement. “To achieve our goal, and to move in the direction of scientific socialism, we must take firm steps towards our national independence and self-respect.’The UML was established in 1990 after the unity of two communist factions, and split before in 1997 only to be reunited three years later. There is no reason why it cannot do so again if Oli and Nepal are out of the picture. Deuba’s five-party coalition has undoubtedly been playing the long game, with eyes on the 2023 local, provincial and federal polls and to recoup its drubbing in 2017. The bigger question now is how the hydra-headed five party alliance is going to divide up the spoils of government ahead of those elections. But as farsighted as Deuba may be about political strategy, he has not been as efficient in forming a government to tackle the country’s multiple crises. He has been unable to expand his cabinet beyond four ministers, and Nepal’s foreign and labour ministries at a crucial time remain without a leader even as <a href="https://www.nepalitimes.com/latest/bring-us-home-says-nepali-in-kabul/" target="_blank" rel="noopener noreferrer">thousands of Nepalis trapped</a> in Taliban-controlled Afghanistan <a href="https://www.nepalitimes.com/latest/who-will-rescue-nepalis-from-afghanistan/" target="_blank" rel="noopener noreferrer">await repatriation</a>.The delay is due to Deuba having to balance conflicting claims to senior ministerial berths from his alliance partners. He has to appease his once arch-enemy Pushpa Kamal Dahal, accommodate the <a href="https://www.nepalitimes.com/latest/jsp-as-nepals-king-maker-party/" target="_blank" rel="noopener noreferrer">kingmaker JSP</a>, and reward Nepal for <a href="https://www.nepalitimes.com/editorial/parliamentary-whiplash/" target="_blank" rel="noopener noreferrer">bringing in the swing votes to oust Oli</a>. All the while, he has to keep rival factions within his own party led by Ram Chandra Poudel at bay.This political disarray among Nepal’s three biggest parties is to the advantage of the <a href="https://www.nepalitimes.com/editorial/nepal-party-reincarnating-hindu-monarchy/" target="_blank" rel="noopener noreferrer">royal-Hindu-right parties</a> who want to cash in on public disillusionment by flagging secularism, federalism and even republicanism as being unsuitable for Nepal.Rabindra Mishra of the alternative Bibeksheel-Sajha party has felt the public pulse, and knows there is considerable support for Nepal reverting to a Hindu state, if not a monarchy, and called for a referendum. Factions in the other parties also sympathise with this potentially potent election agenda, some more openly than others. The fierce reaction from mainstream parties against Mishra shows just how insecure they have become, but even this threat to roll back the Constitution has not been enough to end the infighting between and within them.Like all alliances, this will be fickle, driven by the self-interest of politicians with one eye on elections.

Old wine in old bottle in Nepal politics

<figure><img width="2016" height="1186" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06e69c7e80680e0a5f8djpeg.jpg" alt=""/><figcaption>UML's Madhav Kumar Nepal and Sher Bahadur Deuba during the unstable coalition politics of the mid-1990s, when both were rising in influence within their parties. Photo: MIN RATNA BAJRACHARYA</figcaption></figure>On Monday, Nepal's Supreme Court restored the House of Representatives that Prime Minister KP Oli had dissolved for the second time on 22 May. It then <a href="https://www.nepalitimes.com/here-now/nepal-court-orders-deuba-to-succeed-oli/" target="_blank" rel="noopener noreferrer">ordered the Nepali Congress President Sher Bahadur Deuba to be installed as the next Prime Minister</a>. Sher Bahadur Deuba has now been appointed Prime Minister for the 5th time and preparations are already underway to form a new cabinet of ministers. Maoist Centre’s Pushpa Kamal Dahal has been tasked to finalise ministerial portfolios with Deuba while JSP has called a meeting of the Central Executive Committee today to decide on the ministers. In his address to the nation on Tuesday afternoon, outgoing Prime Minister Oli said that his party would accept the verdict but delivered a pointed rebuke to the Supreme Court ruling, including its decision to stop any action against UML dissidents, claiming that the move would undermine the multi-party system and democracy. “Such misinterpretation of the constitution for the fulfilment of certain aspirations of certain individuals has, in fact, served to amend the constitution regressively. Our democratic system will have to pay the price for the political implications of this decision,” he said. He added: “I had the people’s mandate but the order of the Supreme Court was in Sher Bahadur Deuba’s favour.” <figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06e89c7e80680e0a5f8ejpeg.jpg" alt=""><figcaption> </figcaption></figure>Deuba, leading a five-party alliance of 146 MPs — from his own Nepali Congress, the Maoist Centre, as well dissident factions of the JSP and the UML — had filed a writ petition on 24 May after President Bidya Bhandari <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer">thwarted claims of a House majority to form the next government</a>.The Supreme Court verdict by Chief Justice Cholendra JB Rana and his bench was the apotheosis of Oli’s years-long <a href="https://www.nepalitimes.com/banner/court-debates-nepal-pm-olis-future/" target="_blank" rel="noopener noreferrer">attempt to hold on to power</a>, characterised by bitter infighting within the erstwhile NCP, ultimately leading to his estrangement from the party co-chair Pushpa Kamal Dahal as well as from comrades within his own UML.Ahead of his appointment, Deuba welcomed the Supreme Court’s order in a press release put out on Tuesday morning, which stated that the decision had put the constitution—which had veered off-course— back on track, and reinstated the faith and trust of the people in an independent judiciary.“Rather than taking the court’s decision as a matter of personal win or loss, the decision must be used for the betterment of our democracy, constitution, and our country and its people,” it read.Meanwhile, UML lawmaker Bijay Subba in response to the Supreme Court’s ruling said the right to appoint the Prime Minister lies only within parliament and blamed lawmakers for taking politics to the court.“The constitution clearly states the rights of the legislative, executive, and the judiciary. The court does not have the right to select the Prime Minister. It is against the principle of separation of powers,” he said.Subba also deemed the court’s ruling to stop any action against the UML dissidents unconstitutional, saying, “In a party system, per the spirit of the constitution, parliamentarians must align with the party whip.”Responding to the accusation, the Supreme Court said that it was the president’s responsibility to appoint the prime minister. But in case of an unconstitutional action, it will take steps to rectify them. <figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06eb9c7e80680e0a5f8fjpeg.jpg" alt=""><figcaption> </figcaption></figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06ee9c7e80680e0a5f90jpeg.jpg" alt=""><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06f19c7e80680e0a5f91jpeg.jpg" alt="">Now, the newly-appointed Prime Minister must seek a vote of confidence in the House of Representatives within 30 days under Article 76(4) of the constitution. Any member of the house who backs PM Deuba shall not be penalised for not voting along party lines, the Supreme Court also ordered. If Deuba gets a majority, he cannot be subjected to any future no-confidence motion and will remain Prime Minister for the remainder of the tenure of the House and preside over the next election. But if he fails to get a vote of confidence, the President, on Deuba’s recommendation, will dissolve the House once again and set a date for elections to be held within the next six months, per Article 76(7) of the constitution. Monday’s Supreme Court verdict also barred any disciplinary action against the UML dissidents who were a part of Deuba’s alliance. However, Madhav Kumar Nepal, who led the dissident UML faction in support of Deuba’s Prime Ministership bid, withdrew his support from the opposition alliance following the court ruling. Oli had been trying to <a href="https://www.nepalitimes.com/here-now/making-up-is-hard-to-do/" target="_blank" rel="noopener noreferrer">patch things up</a> with Nepal before the verdict, with working groups from both sides having come up with a 10-point deal to address differences within the UML. But between the appointment of Deuba as the new prime minister and Nepal withdrawing his support from the opposition, the fate of UML and its unification remains undecided.

Reinstate, remove, repeat

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

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