‘Control over girl trafficking ineffective due to legal loopholes’

By Rudra Sharma

KATHMANDU, Sept 19 – Kali Tamang, Kumari Thapa, Nita Rai, Laxmi Gurung and Ganga Kshetri are some of the girls from different districts who had filed complaints at district courts, demanding punishment against those who sold them in various Indian brothels.

But their complaints have not received proper attention from the concerned sector. Filing complaints is the only way out for these girls. But, they start to face difficulties once their cases reach the court. They have to face series of problems from filing the case till the case is over. Even if their cases reach up to the courts’ consideration, they are never assured of justice.

Though they file the complaints and put forward their points, they become hostile when the police try to prove their cases. "Sometimes, the victims themselves become hostile due to the influence and threat from the opposite party," says Brajesh Pyakurel, one of the two members of the team, which carried out a research on legal aspects of girl trafficking.

The team, comprising Pyakurel and Narendra Prasad Pathak, was constituted by the Attorney General’s office and has already submitted its report. This report will be included in next year’s annual report of the Attorney General.

"We will recommend the government to take necessary measures to check this aspect," says Attorney General Badri Bahadur Karki. He will probably include this outcome of the study in next year’s annual report as this year’s report has already been submitted.

The team has suggested 21 legal and managerial measures to check women trafficking in the country. The report is the result of the study done on the basis of 12 cases selected randomly on different grounds.

"It is very difficult to gather evidences and witnesses when the girls themselves turn hostile," says Pyakurel, making it more difficult to punish those involved in this inhumane act of selling girls to the Indian brothels.

The team has clearly indicated that the lack of proper legal provisions has prevented the law enforcement units from taking strong action against the culprits. Even if they take action, the culprits go scot-free due to the legal and managerial problems.

The present legal system prevents national and international non-governmental organisations from directly involving in the whole procedure of punishing the culprits as the police have the sole authority. Legal experts feel that the NGOs working to bring the culprits into the legal dragnet should be directly involved in the investigations.

Even the police department has not been able to concentrate on this particular issue, as they have to look after many other issues prevailing in the society. "Even if we are involved in the investigations of this kind of cases, we have to shift to another issue when needed," says a policeman.

Therefore, the report suggests for ‘people’s participation’ in the investigation process, lending a hand to the police department.

There is a similar problem in the present judicial system. It presently takes a long time to settle a single court case. This prevents police from taking the witness to the court on time as many of them could leave the place or the circumstance changes. The report, therefore, suggests for a ‘continuous hearing system’ of such cases so that the whole process becomes more effective.

The report also suggests providing informal education to the victims as the lack of education too has prevented them from expressing their points to the police and at the court. "This will make them more expressive," it is stated in the report.

The present legal system is even more complicated as there is no provision of plea bargaining. This makes the culprits complacent to cooperate with the case as they get the same punishment even if they cooperate in the investigations.

The report also suggests for "Camera court" to make things easy for the victims to come out openly about their cases and problems, far from the glaring eyes of the packed audience at the open court. In a "Camera court," only limited people are allowed to enter the room during the hearing.

Writs filed against unauthorised use of Red Cross emblem , witchcraft

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KATHMANDU, Sept 19- Two separate writ petitions have been filed today at the Supreme Court against the unauthorised use of Red Cross emblem and witchcraft being practised in the country.

The writ petition filed by advocate Narayan Bahadur Khadka demands for mandamus in the name of government to stop immediately unauthorised use of the Red Cross emblem.

The petition states that only International Convention of Red Cross, Federation of Red Cross and Red Crescent and National Red Cross Society are entitled to use the emblem of Red Cross.

Rest of the other institutions and individuals although they relate to hospital or health service are not entitled to use the Red Cross emblem.

The petition argues that the Geneva Convention prohibits such unauthorised use of the Red Cross emblem. As Nepal has already become a signatory of the Conventions ,they have equal force at par with the natioanal laws according to Treaty Act of Nepal.

Another writ petition filed by Reshma Thapa and others demands for mandamus including other necessary orders to cause the government make necessary law to address the problem of witchcraft so as to safeguard the right and interest of the women.

Different 16 incidents of witchcraft in different parts of the country are presented in the writ petition.

Youths quit CPN-ML

KATHMANDU, Sept 19 (PR)– A district committee meeting of Democratic National Youth Federation (DNYF) Kavre decided to leave CPN- ML.

The meeting chaired by Yagya Prasad Sedai, Vice-chairman of the federation, decided to quit the party citing that the CPN-ML had completely forgotten the spirit of Communist principles, ideology of republic and underlined the same path as that of CPN-UML and Congress, states a press release issued here today by DNYF, Kavre.

Condom day to be marked

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KATHMANDU, Sept 19 - Nepal Red Cross Society (NRCS) is celebrating the 7th Condom Day on November 3, after the end of the greatest festival of the Hindus Dashain, with the slogan of ‘Let's use condoms- it's our responsibility’, the officials said.

"The condom day is celebrated every year to counter two major threats the world is facing at the moment. It is believed that the increased use of condom will serve duel purpose of birth spacing and preventing Sexually Transmitted Diseases (STD) including HIV/AIDS in the country," they said in a press meet organised on Wednesday.

They said the Condom Day is organised after the Dashain, to draw attention of the people come home from either the capital city or the neighbouring country to celebrate the festival.

More than 50 organisations including government agencies, private and non-governmental organisations and the media is expected to participate in staging Condom Day with community based organisations and individuals from across the country.

Suspension on teacher lifted

KATHMANDU, Sept 19 (PR)- Sonam Academy has lifted the suspension of teacher Bhanu Shrestha imposed upon him on charge of causing a religious activity performed in the school, says a press release received here today.

A meeting of School Management Committee had decided to acquit Shrestha. Dr. Tika Pokhrel, advisor of the school and also member Secretary of the Social Welfare Council , Chairperson Rajendra Kumar Ronngong, member Man Prasad Rimal, Hari Ran Maharjan, Diwakar Chapagain and Principal Yangsung Min had attended the meeting.

Fake Indian notes held

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KATHMANDU, Sept 19- Two men were caught from Soltimode, Kalimati who were carrying fake Indian notes of 500 denominations, today.

The convicts are identified as Tshering Lama of Bouddha and Tulku Lama of Tinchule, Bouddha . While caught they were carrying the notes worth 200,000 to carry out transaction with them. They were arrested under the command of Inspector Yuba Raj Pokhrel.

Pokhrel informs that this is the biggest amount encountered in last two years time. "There exist groups of people who are involved in this act and we have already reached very close to them," he added.

"One Nepali and two Indians are the prime suspects who have been under police search task force," he further added.

The fake bills differ with the original by a security thread, which runs on the surface of the note.

Awareness song to be visualized

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KATHMANDU, Sept 19- The awareness group song that aims to draw people’s attention to the child workers employed in homes, small hotels and restaurant is soon being visualized soon, a press release states.

"The visualization of the song is now at the final stage. The song is being aired in FM stations since last month," the release says.

Twenty-two singers have contributed in that song, written by Krishna Hari Baral and composed by Raju Shrestha.

KMC Social Welfare Department and International Labour Organization (ILO)/ IPEC is launching a programme in Ward Nos 2, 5 and 20 to assist child workers in the area.

Blind performs dance

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KATHMANDU, Sept 19 – Ekta Nepal organised a cultural programme Ekta Manoram Saanjh to support the Nepal Association of Blinds here today.

On the occasion, various blind children performed on stage side by side the normal children. Among the blind performers were Pratibha Tamang, Srijana Dahal, Uttar Alley and Ramesh Subedi.

People awed in amazement when Pratibha, one of the blind participants swung and danced in Tulsi Ghimire’s direction, Darpan Chhaya’s‘Lahana le Jurayo Ke’.

Some more performers who amazed the audience were Srijana Dahal, Uttar Alley and Ramesh Subedi among the ones who have lost their sight.

People yet to receive relief assistance

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BIRGUNJ, Sept 19 - Relief assistance from the government level has not been received by the people affected by the recent riots in the northern villages of Parsa district although 12 days have passed since the incident occurred.

About 90 percent of the people who had fled the villages have returned home but they are facing serious shortages of food and they are compelled to sleep under the open sky in empty stomach. Due to arson and looting , people have lost their homes and foodgrain. A total of 171 houses were looted and burnt during the riot while nearly 4,000 people had been displaced.

"The displaced people have returned home, but they are facing difficulty with respect to food and lodging. We are distributing some relief assistance, but the government has not made available even a single grain in the form of relief assistance," Chairman of Biruwagadhi VDC Gokarna Pathak told The Kathmandu Post on Wednesday.

Local organisations, including Red Cross, Birgunj Chamber of Commerce and Industry and local clubs, have provided some utensils,mediicnes and tents to help the affected people.

A massive fund raising committee has been constituted under the chairmanship of Tilak Ram Luitel at the civic level , but despite their sincere efforts, the problem of food and housing has not been resolved fully.

Chief District Officer of Parsa Binod Gyawali said the report of the damages was sent to Home Ministry and they would be able to help only when the relief assistance will be available from the Ministry. The administration has not received any relief assistance from the government until Wednesday. But the villagers are daily asking for the assistance and compensation, he added.

Local administration has made the report of the losses public after 11 days on Tuesday. According to the report, 171 houses of the two VDCs and property with Rs 3.3 million was damaged in the incident. However, the affected people say the damage is worth more than Rs 10,000,000.

They have demanded that the government provide construction materials like wood, timber, corrugated sheet and cash to construct the houses.

Biruwagadhi VDC has filed a report with the DDC that the damage caused in the VDC was worth Rs 4,600,000 whereas, the local administration has put the loss at only half of this figure.

Chairman of Bagbanna, the other affected VDC, Chhabi Lal chaudhari , said even villagers who have not lost their houses were leading a miserable life because their foodgrain, cloths and goats were also looted by the crowd.

"If the government does not assist the people even at this critical hour, it is meaningless for the people whether the government exists or not," Chaudhari added.

Govt urged to rescue abducted policemen

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BHAIRAHAWA, Sept 19 - The families of abducted policemen have demanded the government that it put forth a condition to Maoists about the release of the abducted policemen during the forthcoming third rounds of peace talks with rebel Maoists.

In a meet-the-press programme organised here today, Krishna Maya Marasini, the mother of Assistant Sub-Inspector of Police Keshav Marasini, who is one of the 71 policemen abducted by the rebels from the Holeri police post in Rolpa on July 12, asked why the government did not press the rebels for the release of its policemen.

Mother Marasini from Dayanagar VDC-3 opined that the government should have also put forth a similar condition to the rebels as the latter did to the government before holding the peace talks. The whereabouts of her son is still unknown to the family members. The families of the hapless policemen also requested the Human Rights activists to raise their plights before the Maoist leaders. "I have handed over my son to the government. So, it is the government’s duty to inform me whether my son is alive or dead," Marasini lamented. Others who shared their grief with the press said none of the government official met with them since their relatives were abducted.

Speaking at the same function, Manju Gurung, the wife of Police Inspector Madan Gurung, said that she has been denied the monthly salary of her husband since his abduction. Mrs. Gurung is staying in Bhairahawa in a rented house and has been facing a hard time to run her family and to educate her four children. "What was my husband’s crime that they (Maoists) took him under captivity?" she asked, adding, "I have no one to support me at this moment; even my parents are far away from here."

Out of the total 71 abducted policemen, the rebels released only 22 policemen from their hostage and the condition of the others is still unclear. Subsequent to the abduction, the government had mobilised the Royal Nepal Army to rescue the policemen from the Maoist captivity, but they failed to accomplish their mission.

Maoists lock 21 VDC offices

DHANKUTA, Sept 19 (PR)- Workers of the underground CPN (Maoist) have locked 21 VDC offices and looted the entire documents of one VDC office.

After the formation of their ‘janasarkar’ encompassing 21 VDCs a week ago, Maoist workers locked the 21 VDC offices building pressure on the office-bearers to resign. They looted all the documents from Chungmang VDC and locked the empty building.

Meanwhile, all the VDC chairmen who attended the district-level plan formulation meeting organised in the district headquarters on Tuesday and Wednesday expressed regret at the locking of their VDC offices by force by the armed group of the Maoists.

The VDC chairmen charged that the district leaders and Member of the Parliament elected by them had not visited the VDCs at a time when the village people were facing such problems and they asked them to visit the villages to resolve the problem.

They also condemned the action of the Maoist workers to collect donation through coercions, force the local leaders to resign and lock the VDC offices. DDC president Tika Ram Chemjong urged the Maoist workers to unlock the VDC offices or else people will be conscious and break the lock. He urged the VDC chairmen to resist such activities and added that no one could run politics through threat and terrorism.

The VDC chairmen and secretaries said it was not feasible to return to the concerned VDC at the moment. Although the meeting was organised to discuss the plan formulation, participants focused mainly on the Maoist problem.

FIR filed against 5 abducted Nepalis in India

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GULARIYA (Bardiya), Sept 19 - The Indian Border Police have lodged a First Information Report (FIR) against five Nepali nationals on charges of killing two Indian forest guards and encroaching upon Indian forest, sources here said Wednesday.

The five Nepalis, who were abducted last week from Ishworigunj village of the Bhimapur VDC in Bardiya, are reportedly kept into judicial custody in a Baharaich prison. Three of them have been charged of murder while the rest of encroaching upon Indian forest near Katarniyaghat, an Indian wildlife reserve bordering Nepal’s Royal Bardiya National Park. Those who were abducted by the Indian police have been identified as Shivalal Tharu, Hariram Tharu "Ka" and Hariram Tharu "Kha", Haula Tharu, and Janaku Tharu. Four of them belong to a single family.

Chief District Officer in Bardiya, Dilliraj Joshi, confirmed about the FIR filed against them in an Indian court. Joshi added that he had already raised objections on this matter with his Indian counterpart and demanded an immediate withdrawal of such charges labelled against the abducted Nepalis.

Although the Indian police claimed that they were arrested from inside the Indian territory, the Nepal Police contradicted with the Indian police.

Nepali police said the victims were abducted from their home which lies about 100 metres inside of the international border pillars. Locals also said that around two dozen Indian armed policemen arrested them from their home village.

Locals have complained that cross-the-border crimes - murder, abduction and robbery - are on the rise after the government removed all border police posts from the border areas for fear of impending Maoist attacks.

A local, Lautan Tharu, said that the locals would be ready to extend their cooperation if the police were called back along the Nepal-India open border.

A police source in Rajapur said the locals had requested them to increase police patrols along the border.

Technician give written warning to NCCN

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TATOPANI, Sept 19 - The government technician has given a written warning to NCCN that he would not supervise the construction works of parking area and gateway charging that the quality of construction was sub-standard.

Payment totalling about Rs 17.8 million has been withheld after the government technician expressed his suspicion at the quality of construction work, according to sources in Customs Office.

Construction of the project is going on at a cost of about Rs 40 million and NCCN is the main contractor. However, it has also sub-contracted the project to Apex Construction and Shrestha Construction.

The parking area is under construction covering an area of abo ut 900 square metres. Engineer of Charikot Roads Division office, Navin Man Shrestha, who was assigned the task of supervision, has told the Customs Office in writing that he would not carry out the supervision of the works unless the qualities of the infrastructures were improved.

Consequently, the construction works remain suspended over the last two months.

The parking area is under construction for parking of vehicles and keeping the commercial goods of the customs office. The project was scheduled to be completed within the last fiscal year, but as it was not completed, the project was extended by another three months.

However, according to NCCN, it is certain that it will not be completed within this period.

Engineer Shrestha said many works were not carried out in accordance with proposed estimates and many of the infrastructures did not have foundation.

On the other hand, Engineer of NCCN, Gyanendra Man Pradhan, claimaed that the construction works did not lack the stipulated quality.

Meanwhile, the Customs Office built only two years has been damaged in the process of constructing the
parking area. Customs Officer Nirmal Hari Adhikari said they have claimed for compensation. Engineer Pradhan of NCCN said they had insured the building and they were following the process to pay back the compensation.

UML to launch counter Maoist move in Dolakha

DOLAKHA, Sept 19 (PR)- The district council meeting of the Communist Party of Nepal (United Marxist-Leninist) CPN-UML has decided to launch an ideological campaign in the district against the Maoist extortion and atrocities.

"The Maoists themselves will be responsible for the activities which contradict with the people’s expectations.

We request them to immediately stop such anti-people move," stated a press statement issued after the conclusion of the council’s two-day meet on Tuesday.

The meeting of the council also asked the underground party to open offices of the various Village Development Committees and allow the elected representatives to carry out their daily administration. Out of the total 51 VDCs in the district, Maoists have forcibly closed down the offices of 41 VDC offices.

Following the closure of the offices, people are deprived of the basic facilities that the VDCs provide. A VDC office recommends for citizenship certificate, certifies the family relation, keeps a demographic record of the area and a number of development and paralegal works.

UML lawmaker Pashupati Chaulagain said that his party cadres would organise public meetings in all 13 areas of the district to expose the Maoist atrocities beginning from September 20.

The council meet also condemned the Maoists for forcibly closing down all private schools and disrupting the education activities of public schools.