KALAM Weekly 150: Off the Record is now KALAM Weekly
Issue 150 • 02 August 2024
It’s August 2, 2024, and you’re reading KALAM Weekly, formerly known as Off the Record.
I’m Pranaya Rana and in this newsletter, we’ll stop, take a deep breath, and dive into one singular issue that defined the past week.
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Good morning, good afternoon, and good evening from a brand new newsletter. As I’m sure you’ve noticed, Off the Record has undergone a rebrand and is now KALAM Weekly. We have a new name, new logo, new banner, and new ambitions. But do not be alarmed; the newsletter will remain the same as it has always been, and all of your subscriptions will be honored. For more on this not-so-radical change, scroll down to the deep dive.
First, the news.
Gaushala-26 pleads to drop case against Sandeep Lamichhane
Last Friday, July 26, the woman identified only as Gaushala-26 submitted a petition to the Kathmandu district attorney asking that the ongoing criminal case against cricketer Sandeep Lamichhane be dropped. In the petition, she writes, “Since the case was registered, various individuals and organizations, taking advantage of the incomparable impact on my mental and social life, have been spreading misleading news against the defendant and placing pressure on me. Because of this incident, I’ve had to live a life full of horror. Respecting the basis for the decision taken by the honorable court, I request you not to proceed with the present case, as my priority is to live my life in peace and without fear.”
In case you’re unaware, Gaushala-26 accused Lamichhane of rape in September 2022, alleging also that she was a minor at the time. In January 2024, the Kathmandu District Court found Lamichhane guilty of rape and sentenced him to eight years in prison. However, the court concluded that Gaushala-26 was not a minor at the time of the rape. Lamichhane appealed the decision at the Patan High Court and in May 2024, the court cleared him of all charges. I’ve written at length about this case in previous editions of the newsletter, which you can read here:
The moment this petition was submitted, some news outlets and social media pages began to claim that Gaushala-26 had admitted that there was no rape and that she had filed the case against Lamichhane under pressure from ‘organizations and individuals’. This was a wilful misreading of her petition, where she only says that certain individuals and organizations have spread misleading and placed pressure on her after the case was registered. Nowhere does she say that the rape never happened or that she was pressured into filing the case. In fact, she spoke to news outlets clearly stating that the rape had happened and that no one pressured her to file the case. She further said that she was going to leave Nepal as she could no longer continue to live in a country where she could not show her face anywhere and constantly feared for her life.
As I’ve said before, I don’t believe that Gaushala-26 filed the case under pressure from anyone. I don’t believe that she has benefitted from the case, as many have alleged. No one would willingly put themselves through the hell she has had to live in for the past two years. No amount of money can compensate for having your identity leaked, you and your family harassed, people calling you all kinds of names, and constantly fearing for your life. Nepali society failed Gaushala-26. Instead of supporting a young woman who had taken the harrowing step of accusing Nepal’s ‘golden boy’ cricketer of rape, many decided that they would with Lamichhane. Why? Because he played cricket well, that’s all. While Gaushala-26 was hiding out in Maiti Nepal and even attempting suicide, Lamichhane was traveling the world, playing cricket, and accepting laurels from the prime minister. This case has been a travesty of justice ever since the very beginning.
CAAN Director-General refuses to step down
Last week, a Saurya Air plane crashed minutes after take-off, killing 18 people on board. In the wake of the crash, Members of Parliament and the public at large have called for the resignation of Pradeep Adhikari, the director-general of the Civil Aviation Authority of Nepal (CAAN). As the chief of the government body that oversees the aviation sector, Adhikari is ultimately responsible for everything that happens. Ever since Adhikari took charge of CAAN in 2002, there have been at least four crashes — some say seven — and over a hundred people have lost their lives. Adhikari, however, remains defiant, writing on social media, “A lion doesn’t care about a challenge issued by donkeys; even if he wins, he is shamed.”
Numerous MPs have raised questions about the Saurya Air crash and Nepal’s dismal airline safety record. In Parliament, Congress MP Udaya Shumsher Rana has been calling for Adhikari to take responsibility and also arguing that CAAN needs to be split into two. Both the European Commission and the International Civil Aviation Organization (ICAO) have asked the Nepal government to split the dual functions, either by splitting CAAN itself or through a functional division. There is even a bill pending in Parliament regarding this very issue, but it has, time and again, been blocked by DG Adhikari and his political masters. Adhikari has said that he takes responsibility for the crash, but Rana says that he must step down if he truly feels responsible. The contrition must be real, not just empty words.
Rajendra Bajgain, another Congress MP, has also been critical of Adhikari and took umbrage at Adhikari’s veiled insult towards elected people’s representatives. But Bajgain went a step further and alleged that Adhikari might find ways to exact revenge on those who are critical of him. He wrote on social media that Adhikari’s opponents should take care while traveling through Tribhuvan International Airport as Adhikari might place illegal materials in their baggage. This is a serious allegation and should not be made lightly, but then again, our MPs aren’t exactly known for their restraint.
Adhikari might claim to be a lion, but he has failed in his duties, and he needs to resign.
Supreme Court upholds right to change gender
On Sunday, July 28, the Supreme Court ruled that Rukshana Kapali, a transgender woman, had the right to be legally recognized on all documents as a woman without having to submit to medical verification. Kapali, a law student and rights activist, had filed the case at the Supreme Court in November of last year, alleging that Tribhuvan University and Pokhara University had discriminated against her on the basis of her gender identity as they had refused to allow her to sit for exams on the grounds that her gender and name did not match what was on her previous legal documents. The court argued that the right to live with dignity, enshrined in Article 16 of the constitution, encompassed the right to live with the chosen gender identity.
However, as Kyle Knight of Human Rights Watch points out, the court order “applies to Kapali, meaning others will have to petition courts to be legally recognized according to their gender identity.” Knight argues that it would be better for the government to formulate a central policy that can apply to everyone who wishes to change their gender identity on official documents without medical verification. Still, the verdict does set a precedent. Transgender individuals in Nepal have often been lumped into the ‘other’ category, a gender identity that many disagree with. While the Other category might have been progressive in 2007 when it was enshrined, things have moved forward significantly since then. Kapali’s argument is that she is a woman, not ‘other’, and wishes to be identified as a woman. So the verdict should be welcomed, and I hope that it will lead to a more progressive policy from the government regarding the rights of all members of the LGBTIQ+ community. The right to live with dignity is also the right to live as a woman or a man, not as an opaque ‘other’ category that many do not identify with.
Missing buses still missing
On July 12, two passenger buses headed to Kathmandu were swept off the road by landslides and into the Trishuli River below. From among the 65 passengers, three managed to swim to safety, all others are presumed dead. So far, only 24 bodies have been recovered. The two buses have yet to be found.
Teams from the Nepal Army, Armed Police Force, and Nepal Police have been consistently searching the swollen Trishuli River to no avail. On July 21, the Nepal government appealed to India for help in locating the buses and bodies, prompting a 12-member search and rescue team from the National Disaster Response Force to join the search. The Indian team came armed with two large magnets to sweep the river and pull out the buses. However, one of the magnets weighing 19 kilos was itself swept away but eventually recovered. The Indian team has now returned home, suggesting that an even larger magnet be deployed.
Now, the Home Ministry is reportedly preparing to ask the Chinese for help. On Sunday, July 28, Chinese Ambassador to Nepal Chen Song posted on social media what many called callous and undiplomatic. In response to the loss of the 19-kilo magnet, Chen wrote, “Find the magnet then.” When faced with criticism, he went on to defend himself, saying, “Some people argue that it is inappropriate to comment. My answer to them: What is wrong with the comment, shouldn't the search be speed [sic] up and facilitated by all means? If a magnet is needed to speed up the search, then find the magnet. Why when a magnet was lost, people started to think of ending the search.” Now, maybe Ambassador Chen can put his money where his mouth is and actually help Nepal find the missing buses and missing passengers.
Krishna Man Pradhan rejected as Election Commissioner
On Monday, the Parliamentary Hearing Committee rejected Krishna Man Pradhan as election commissioner. Pradhan was nominated by the Constitutional Council to the Election Commission. He was rejected by the hearing committee hours after he withdrew his nomination himself, alleging that he was unable to continue in the face of a “smear campaign”. Pradhan had been accused of sexual exploitation by a woman who opposed his nomination and even gave testimony to the House panel. The woman and Pradhan had reached a settlement at the Kathmandu District Court in 2018 after the former filed a criminal case against him. She told the House panel that Pradhan had used his political connections to get the case settled.
The Parliamentary Hearing Committee is made up of 15 cross-party Members of Parliament whose job is to endorse or reject nominations proposed by the Constitutional Council. The Council recommends members of high-level constitutional commissions like the Election Commission, Commission for the Investigation of Abuse of Authority, and National Human Rights Commission. The Council is made up of the prime minister, leader of the opposition, the chief justice, Speaker of the House, Deputy Speaker, and chair of the National Assembly, all of whom unanimously nominated Pradhan despite his court case and settlement being public knowledge. I wouldn’t even give credit to the parliamentary committee as it only rejected the nomination after Pradhan himself had pulled out after a media firestorm. If the media hadn’t made such a stink and Pradhan hadn’t pulled out, I wouldn’t have been surprised if his nomination had gone through.
Still, I’ll take small mercies when and where we can get them.
The deep dive: Off the Record is now Kalam Weekly
Over three years ago, when I first started this newsletter, I had no idea that I would one day be writing the 150th edition. At the time, The Record was still actively publishing and we had a small but young and energetic team of writers and journalists who were keeping the publication going. The Record went on an indefinite hiatus just a few months after this newsletter started, but we decided to keep writing, regardless of the status of the primary publication. I assumed that The Record would eventually restart, and we would get back to business.
Three years later, The Record remains on hiatus, and it is now time for me to make my own way.
First, I must thank Gyanu Adhikari, Erisha Suwal, and Kate Saunders for trusting me with The Record and this newsletter as its editor-in-chief. Despite bearing The Record’s brand, they let me run this thing as I liked it. There have never been any questions or issues with what I’ve written or how I’ve presented the newsletter, and I’ve received all of the revenue from subscriptions. The newsletter grew because of The Record’s brand and its hard-earned reputation as a forward-thinking and rigidly independent publication. If I had started from scratch, I doubt I would’ve reached the numbers I have today. So, I am grateful to my former publishers, who I also consider my friends. They have given me their blessing to take this newsletter solo and I thank them for being so understanding of my decision.
Second, I must thank you, constant reader, for sticking with me throughout these three years. I know I write a lot. This newsletter is not exactly light reading, at roughly 3,000 words every edition. But a vast majority of you have stuck with me for 150 editions, reading, sharing, and even financially supporting me. For that, I am eternally grateful. I ask that you continue to read, share, and support me, even if I am no longer affiliated with The Record. The newsletter, now called Kalam Weekly, will remain largely the same, but there will be new additions, including more guest posts and even some reporting down the line. So I hope you will stay with me on this new journey.
I am excited to take this leap, but I am also nervous and a little afraid. I have worked in the Nepali media since I was 18 years old and along the way, I’ve picked up a fair bit about how the industry operates. More than political interests, there are financial concerns. Most major newspapers are left-leaning and progressive. They do a good job of holding politicians to account, but not so much the rich and powerful. But it is also not possible to completely divorce yourself from the market. Relying solely on grants comes with its own problems. Funds drying up can lead to extended hiatuses that risk turning into permanent closures. A balance must be sought, which I hope to do with this newsletter, going forward. The intention is not to make money but to make enough money to be able to pay journalists the salary that they deserve. I have bigger plans, which will be revealed in due time.
Nepal needs good journalism and good writing more than ever before, especially in English. A generation is growing up suspicious of everything the mainstream media writes and says. Young people have more faith in social media pages and YouTube explainers than in newspapers and television stations. If we cannot give them something on their own terms, we will lose them to misinformation and a grossly myopic worldview.
I don’t claim that this newsletter is the answer. It is not. Most young people don’t have the attention span to sit through this gargantuan wall of text, but for the few who do, I want them to come away really understanding the issue at hand. This newsletter was an attempt to explain the news to those who wanted to take the time to understand issues in their full context. I try to make sure that you, the reader, know why something happened, how it happened, what happened in the past, and what could happen in the future. It’s not journalism per se but it is what I am able to do at the current moment with the resources I have. Soon, with your support, I hope to be able to do actual journalism.
It’s been a long journey, and it hasn’t always been pleasant. But writing this newsletter has taught me discipline and kept me more informed than I have perhaps ever been. I appreciate your companionship throughout. It feels good to write to an audience that is actively reading. I appreciate very much the small notes of encouragement so many of you give me in person and over email.
I don’t want to go on for too long. You’ve come with me so far, trusting in my word and my independence. I hope you will continue to go with me till the end.
Wish me luck.
That’s all for this week. I will be back next Friday, in your emails, for the next edition of KALAM Weekly.
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