Submit your Article

A 25-year-old woman from Janakpur committed suicide by taking poison after she was repeatedly tortured by her in-laws for more dowry, according to the police. A resident of
Janakpur sub-metropolitan-4 Sarhanchiya Shanti Nagar, Seema Sharma also poisoned her two year-old-daughter Gauri before consuming the poison herself.
According to Govinda Thapalia, Superintendent at District Police Office Dhanusha, Sharma was often harassed by her husband and in-laws. “Preliminary investigation shows that she faced mental and physical torture,” says SP Thapaliya. “Sharma’s 65-year-old father-in-law Shyam Sundar Mishra and 60-year-old mother-in-law Kiran Mishra have been arrested on the charge of forcing someone to commit suicide. Her husband Sameer Mishra is at large.”
Meanwhile, there have been protests in Janakpur demanding stern action against the accused. A torch rally has also been staged to mourn the death of Sharma and her daughter.

"The dowry system is a social scourge that has deep roots in Madhes. Until when will women in this country be beaten and burnt for it?" Gunja Raya, A women’s rights activist from Mahottari

Managing dowry by selling property

Seema’s family, who hail from Loharpatti-7 Bhrampur in Mahottari, gave Rs 1.1 million to the Mishra family in dowry when she got married. Her father Jaya Narayan, who has been working overseas for the past 15 years, managed the dowry his daughter’s in-laws demanded—Rs 800,000 in cash, a Pulsar motorcycle worth Rs 236,000 and two tolas of gold—by selling his land. Seema and Sameer had gotten married on May 12, 2013 in the Maithili tradition.
Seema’s brother Sujit Kumar says her in-laws used to demand more money and jewelry and threatened to kick her out in case their demands were not met. “We managed to give them whatever they asked for, even by taking out loans, in the hope that my
sister could live with them safely and peacefully. Still they continued to demand cash, gold and other valuables just as a condition for her to visit her family.”
On the night of Jan 14, Sharma took a farm pesticide called Salfas to poison her daughter Gauri and herself. Gauri passed away the following day. Seema breathed her last a day later.
When Seema fell sick after consuming the poison, her husband immediately took her to Janaki Health Care and Research Center on his motorcycle. Because the Center did not have an Intensive Care Unit, she was rushed to the Ram Janaki Hospital. She died on the way.
Gunja Raya, a women’s rights activist from Mahottari, says the dowry system is a social scourge that has deep roots in Madhes. “Women are forced to commit suicide when they are unable to fulfill the dowry demands,” she says. “Until when will women in this country continue to be beaten and burnt in the name of dowry?”

 Since July 2018, the con­struction of the Dhan­gadhi-Dipayal fast track has been abandoned. Dhan­gadhi and Dipayal are the respective headquarters of Kailali and Doti districts. Ear­lier, when Dhangadhi was cho­sen as the provincial capital, the state’s political leaders, including the chief minister, had committed to complete the fast track in two years. According to the initial Detailed Project Report, the fast track covered 84 kilome­ters between Kailali’s Khut­iya to Dipayal. However, after the project came under the purview of the provincial government, the fast track was extended to 105 km to connect Dhangadhi with Dipayal via Khutiya, which is half the length of the Dhan­gadhi-Dadeldhura-Dipayal highway on which the locals now travel.

Far-West province government had listed the Dhangadhi-Dipayal fast track as a top priority

A second Environmental Impact Evaluation (EIE) for this project had to be carried out. Birendra Bahadur Chand, the engineer in charge of the second EIE, says another EIE was necessary because more trees were being felled. “The second EIE report is now col­lecting dust at the Ministry of Forests and Environment. Construction could not pro­ceed as there were trees on the track,” he says.

Apart from blacktopping, there have already been appli­cations for five other construc­tion works on the fast track. The section from Dhangadhi’s Hasanpur to Khutiya is now 80 percent complete. Except for a maintenance contract worth Rs 7.1 million, all the work on the fast track is in disarray.

"The second Environmental Impact Evaluation report is now collecting dust at the Ministry of Forests and Environment"

Birendra Bahadur Chand, Engineer

Only 40 percent work is complete in the 20-km Muda Bazar-Babena section. This contract was awarded to Ash­ish Nirman Sewa on April 2017 for Rs 230 million and the work was supposed to be completed in 30 months. Chand says the work on six kilometers of this road stalled because there were trees in the section.

The contract for the 4-km section from Ojhena to BP Nagar was given to Shyam Sundar Saud Construction for Rs 29.5 million in June 2017. The contract stipulated that the work was to be completed in 11 months, but even after 18 months, 20 percent work remains incomplete.

Only 20 percent work is complete in the 8-km-long BP Nagar-Kaftadi section. Shyam Sundar Saud Construction had been awarded this contract for Rs 62.5 million a year and a half ago. The completion date was January 9, yet 80 percent of work remains incomplete.

Work on the 50-km section from Kafaltadi to Salena has also been abandoned. The work on this section given to Surya Construction Pvt Ltd for Rs 90 million is only 40 percent complete. Since there are trees hindering the road’s construction and the cabinet has not approved their felling, the work has stopped.

The first cabinet meeting of the Far-West Province government had listed the Dhangadhi-Dipayal fast track as one of its top priorities. The provincial government has allocated only Rs 120 mil­lion for the fast track. “It’s woefully inadequate. When the required budget is Rs 430 million, how one can make do with Rs 120 million?” asks Chand. “If the cabinet approves the tree-felling, the payment of over Rs 300 million has to be sanctioned within this fiscal,” he adds.

Lack of human resources has also been an obstacle to the fast track’s construction. Locals are visibly frustrated by the delay.

The Raute community, a nomadic group that depends on hunting and gathering for survival and that still primarily resides in the forest, is slowly being drawn to modernity. After a decade-long effort from the government and various NGOs, the Rautes are slowly finding alternate ways to earn their livelihood. The nomadic community, which until recently used to preach that touching money is sinful, is now asking for monetary support from people they come in contact with. They even request the people to phone government officials to inquire about the social security allowance that they have been promised.

The local and provincial level governments have intro­duced programs to encourage Rautes to settle down. Raute chieftain Surya Narayan Shahi grieves, “We do not find enough food in the jungle, and on top of that, people no longer buy the wood utensils that we make. We have started living like others despite the problems we face with food and shelter. For the time being, we will not settle down in one place permanently, but slowly we hope to be able to eat and dress like others.”

As many as 145 Rautes are staying at Rate Khola in Sur­khet’s Lekbeshi municipal­ity-1. Identity cards have been issued to them recognizing them as permanent resi­dents of Dailekh’s Guransh rural municipality. The rural municipality also gives each person in the Raute community Rs 2,000 a month in social security allowance, and the identity card helps them to get their allowance wherever they go.

The rural municipality gives each Raute Rs 2,000 a month in social security allowance

Communal meal

The Ministry of Social Devel­opment arranged a communal meal on Jan 5 in an effort to make the Rautes more engaged in society. Food brought in from Birendranagar was also distributed to the Rautes living in Rate Khola.

Singing and dancing pro­grams were held as part of the program. Anita Gyawali, an officer at the ministry, says this was done to make the Rautes familiar with other cultures and to help them socialize better. Clothes, food and children’s toys were dis­tributed to the Rautes by the provincial government.

Maan Bahadur BK, a secre­tary at the ministry, says the Karnali Province government has a project aimed at getting the Rautes to settle perma­nently, while providing them social security and preserving their culture. “It’s important to inform Rautes about the disadvantages of living in the forest. But as we have to make efforts to preserve their cul­ture, it will take a while to get them to settle permanently,” says BK.

Rautes lead a nomadic life and roam around forests in the districts of Dang, Surkhet, Salyan and Dailekh in Province 5 and the district of Achham in Province 7. Hira Singh Thapa, Chairperson of Social Service Center Dailekh, says that two teachers and a health worker have been assigned with caring for the Rautes. He adds that the plan is to make them permanent settlers within the next two years.

Malnourished children

A health camp was also con­ducted on the same day by a team of doctors from the Sur­khet Provincial Hospital. Medi­cal Officer Dr Lokendra Thapa reported that more than 80 percent of the Raute children are malnourished. “Lack of nutritious food has led to this problem. Adults seem to be suffering from various infec­tions as well. It’s important to teach them healthy eating habits. They also need to be informed about the impor­tance of taking medicine when they’re ill,” he says.

Prime Minister KP Sharma Oli’s ‘instruction’ to federal lower house Speaker Krishna Bahadur Mahara to administer the oath of office and secrecy to parliament-elect Resham Chaud­hary, the prime suspect of the Kailali killings, has raised many moral, political and legal ques­tions. The decision on the swear­ing-in of Chaudhary was jointly taken by PM Oli and co-chairman of his party, Pushpa Kamal Dahal, without consulting other party members and seemingly without any inputs from legal and consti­tutional experts. It clearly signals that Oli wants continued support of Madhes-based parties and will make any compromise to that end. But the decision has invited criti­cism within his own party. Nepal Communist Party leader Bhim Rawal, for instance, has labelled the decision “inappropriate”. On August 23, 2015, a group of protestors had lynched seven policemen and an infant in Tikapur, Kailali, raising fears that the constitution drafting process would again be halted. The police filed a case against Chaudhary, accusing him of being the key archi­tect of the killings (See box). Chaud­hary’s party Rastriya Janata Party Nepal (RJPN) has always denied his involvement.

Political or criminal case?

Krishna Pahadi, a human rights activist and civil society leader, thinks that Chaudhary’s swearing-in signals the growing trend of politicization and institu­tionalization of crime. “What hap­pened in Kailali was not a political movement. It was a grievous crime and the perpetrators should be punished,” said Pahadi, adding that delay in court settlement of the case has invited complications.

Bhimarjun Acharya, a consti­tutional expert, thinks Chaud­hary’s swearing-in is against the constitution and parliamentary rules. “The swearing-in of some­one with a pending criminal case is unconstitutional. The demands of the Tharu population are of a political nature, but the slaugh­ter of seven police officials and an infant is a crime. In fact, Chaud­hary was ineligible for elections under existing laws,” says Acharya. Madhes-based parties, however, are of the view that Chaudhary’s case is a political one and should be withdrawn or resolved through political consensus.

When Oli became prime minister in February last year, he sought the support of the Madhes-based parties and pledged to fulfill their demands. Ever since, the RJPN has continuously asked for the with­drawal of the case against Chaud­hary. Recently, after Oli seemed non-committal, the RJPN issued a seven-day ultimatum on Dec 25, stating that it would withdraw support to the government if its demand was not fulfilled. Although the prime minister has sufficient numbers in Parliament, he wants continued support of the Mad­hes-based parties, if only to demon­strate that he has their back.

Chaudhary’s swearing-in indi­cates a shift in Oli’s position on the Kailali killings. Soon after the incident, Oli had been against talks with the protestors, saying it was a criminal activity and there was no room for talks. In 2016, as the then Home Minister Bimalendra Nidhi prepared to withdraw the case against Chaudhary, the then CPN-UML had protested.

NCP co-chairman Dahal has also been pressing Oli to fulfill the demands of the RJPN. The then CPN (Maoist Centre) led by Dahal had taken the Tikapur killings as a political incident, whereas the then UML led by Oli had termed it a crim­inal case. During his visit to India in 2016, Dahal had met Chaudhary and pledged support in his case.

RJPN’s victory

For the RJPN, Chaudhary’s swearing-in was a political victory that has enhanced its position in the Tharu community. Soon after the swearing-in, RJPN cadres in some far-western Tarai districts broke into celebrations. “We did not issue any directives, but there was spontaneous celebration by Chaudhary’s supporters,” said RJPN leader Laxman Lal Karna, adding, “Chaudhary is innocent and his swearing-in is a step towards hon­oring the public mandate.”

The Oli government spokes­person, Gokul Baskota, also defended the swearing-in: “It is the government’s duty to respect the public mandate. But we are also ready to abide by relevant court decisions, if any.”

RJPN leaders say Chaudhary’s swearing-in is a first and major vic­tory. Their priority now is to create political consensus in order to get the government to withdraw the legal charge against Chaudhary.

Following the swearing-in, there is now a sort of competition between the RJPN and the Sanghiya Samajbadi Forum led by Upendra Yadav, a part of the Oli government, to take credit for this ‘achievement.’

Though Chaudhary is accused of the Tikapur killings, he enjoys strong support in the Tharu com­munity, which was also evident in his victory by a huge margin from Kailali-1 constituency in the 2017 national elections. He had filed his nomination in absentia and had conducted his election campaign secretly. His voters believe he is innocent and should be freed.

What the law says

Article 244 of Parliament Regula­tion deals with the status of a par­liamentarian if he or she is charged with or convicted of a crime.

• If any parliamentarian is arrested, Speaker should inform the house about such arrest.

• If a lawmaker is arrested and charge sheet filed against him or her in court, he or she can­not function or enjoy any rights as a lawmaker, and he or she would not get any remuneration or facilities.

• If the court convicts any lawmaker on a criminal case, he or she will be automatically suspended.

Tikapur and its aftermath

When the first draft of the con­stitution was finalized in July 2015, some political parties and groups protested against it. In the far-western Tarai districts, the Tharu community organized a series of protests demanding an autonomous Tharu province. The Tikapur killings took place on Aug 23, when high-level police officials were trying to negotiate with the Tharu protestors.

It took several weeks to bring the situation under control and prevent possible communal tensions. Political parties were divided. The Nepali Congress and the then CPN-UML termed it a law and order problem, whereas the then CPN (Maoist Center) and Madhes-based par­ties billed it a political incident that called for a political resolu­tion. The government formed a panel to investigate the case, but its report is yet to be made pub­lic. The police subsequently filed a charge-sheet against Chaud­hary for his alleged role in the killings. (After the killings, there were reports of arbitrary arrests, torture and ill-treatment of mem­bers of the Tharu community.)

Chaudhary fled to India and started lobbying for the with­drawal of the case against him. In February last year, he surren­dered before the Kailali District Court, where the case against him is still pending. The court has completed recording the statements of around 100 peo­ple including Chaudhary, but the date of the hearing has not been fixed. As some key docu­ments related to the case were with the Supreme Court, the hearing could not take place in Kailali. Chaudhary filed a case in the apex court, arguing that his detention is illegal. However, upholding the District Court’s decision, the SC on Jan 7 ruled that Chaudhary cannot be freed on bail. Following the verdict, the Kailali District Could is expected to start its hearing soon.