Where does the flaw lie ?

Mona Shrestha Adhikari

They say, the child is the father of the nation. If well taken care of, the child may prove a greater asset to the nation. Hindu religion says, a girl child before her menstruation, is a Kanya Kumari (virgin Mary in its Christian equivalence). Vedic culture considers her a symbol of goddess, pure and holy. Do these Vedic customs fit in any way with the barbaric crimes committed by these men? In other words, does religion in any way have any deterrent effect on humans? The answer is perhaps no when the series of heinous crimes committed against these girls are taken into account.

A teacher in the neighborhood raped a six-year old girl student of his school. An uncle raped his 13-year-old niece for three years. 28 year old, Raju Thapa, a resident of Kirtipur, is said to have had sex with his 13-year old girl maid almost everyday while his wife pretended to be sleeping. Kathmandu District court sentenced Raju for three years and the maid was compensated for the abuse with half a share in his property. In all these cases, the abuser threatened to kill or maim the victim if she disclosed it to anyone. These cases were highlighted in an issue of the Sadhana Family Digest.

Sexually abused at such a tender age leaves the girls with a lifelong trauma. She is not only physically abused but crippled both emotionally and psychologically. What is more alarming is that out of 74 rape cases studied, the abusers are fathers in 9 cases, brothers in 9 cases and uncles in 2 cases.

Shocking as it may sound, yet this remains the unpalatable reality. The girls already under trauma are required to face the police and walk up to the court. In several cases, they have attempted suicide.

Most often, the abuser gets away with impunity. They get 6 to 10 years of imprisonment and are asked to give away half their share of property to the victim. This is the maximum penalty that the court can impose on them. Now the question is, is it fair?

The victims’ suffering doesn’t stop when the case ends. Usually the victim never receives what she legally deserves. Despite the court’s decision the abuser runs away and the police fails to apprehend him. When the police fail to hunt him down, what option do the victim and her family have? Police failure leaves the victim and her family with no option but to take the law into their own hands. That doesn’t solve the problem. It only intensifies it.

The punishment for raping a minor, which is only 6 to 10 years of imprisonment, is something easy to get away with. How many culprits have been actually sentenced to the maximum time stipulated by the law is a question yet to be answered.

Taking a closer look at the judicial system and the statistics gathered so far, one can find only five female judges in Nepal. Two in the appellate court, three in the district court, and none in the Supreme Court. Had there been more female judges justice to these girl children could have been better, perhaps.

Only recently, another grim story of raping and killing a minor came to light. According to the veranacular weekly Gatana Ra Bichar, Ashok, son of the Supreme Court Justice, Bhairab Lamsal, was suspected of raping 14 year old maid Sarita and then forcibly pouring meta-acid into her mouth, thereby killing the young girl. Furthermore Samod, a 13-year servant at the house of justice was asked to shoulder the blame for which he was handsomely assured Rs5-6 lakhs as well as jobs for his father and brother. When the young boy refused, he was taken to the police and tortured to the extent of accepting the guilt. But, the boy spoke the truth in court, which tore down the masks of hypocrisy. The incident only serves to give an insight into our judicial system.

Another case, reported by a well known daily, is that of a nine year old, class two student, of Public Boarding School who was sexually abused for nine months by the school principal, Upreti. The principle is said to have been taken into police custody.

In the house, be it the daughter or the maid, it is very important that they are treated well and remain secure from possible abuse and harassment. In cases where the maid is the victim, the women in the house should play a major role in ensuring that the maid is given security. After all, the maid too is someone’s daughter who has left her family and home due to economic hardships and is working for someone else. As regard to the daughters, mothers should ensure that the young daughters are not left unattended by females in the house. There are many families, where both parents go out to work, leaving their daughters with male servants, or with neighbours.

Women should therefore educate daughters and other female members in the house about such incidents taking place now and then, behavioral style with the opposite sex, situations that can take place and ways/means to overcome them all. But how many mothers do it? Very few would be the answer. The male child should equally be educated.

Temptations at the Olive Garden

By S.S.

Having already carved out a regular clientele whose taste buds have been taken for delicious rides down the avenues and piazzas of Italian cuisine, the Olive Garden restaurant at Hotel Radisson offered a new menu to whet the appetites of suspecting and unsuspecting gourmets of this dusty capital city recently.

With the Christmas tree lighting ceremony, organised by the hotel staff and the GM, over in the hotel’s lobby (the idea being to gradually build up the festive spirit) we were led into the cosy Olive Garden, after nibbling on mince pies and sipping what appeared to be mulled wine, under the strains of carol songs lilting in the lobby air behind us to taste, among other delights, the newly added prawn and bread soup which we had heard rumours about.

The concept said chef Andrew Blundy was to create a fuller taste and to make the Olive Garden into the best Italian restaurant in the region. To rival if not surpass Sporza in Bangkok. "Altogether we have made six menus which have been changing every two weeks but it’s set to slow down until it’s only once a month. The menu will be constantly evolving".

Ordering a Pinot Noir, a dry red lovingly created by the cellar master Reine Pedaque, already our tongues taking in its pleasant fullness and classic Burgundie finish we ordered from the new menu which was pasted onto bronze copper plate.

For appetizers, the Caesar Salad of artichokes, rosemary and Parmesan chips was creamy and good like "the genuine article" said Blundy, while the rustic flavoured Prawn and Bread soup with basil opened up our senses to what was to come. "I believe in simple honest flavours by sticking to one or two herbs. When you’re using the best ingredients, why mask it? Italian cooking is based on herbs but I tend not to use too many, I prefer not overcomplicating things", said Blundy.

Next the Pan Fried Tenderloin with a Pate and Blue Cheese Crostini and Wild Mushrooms moved us with its full flavours almost bringing tears of gourmet joy to our eyes and the leg of New Zealand Roast Lamb in Red wine sauce made the mouth whimper in delight relishing its pungent tang. It was all rounded off by a Chocolate Parfait with Orange Dressing (the chocolate almost 70 percent) to cool the still flourishing succulent flavours of the main dishes.

With so much more to choose from, like the Salmon and Crab Fish Cakes, the Baked Sea Bass with Butter sauce and the Turkey Involtini with Salami and Pecorino (all for the quality on offer priced reasonably), the new menu just seemed to get better, raising the standards delightfully higher.

"I have no qualms with the chefs in the kitchen, they’re good. It’s my recipes but their cooking most of the time now," said Blundy. "I am confident that even after I go (to Malawi) in January, they’ll do well".

Doing hip-hop & rap

Sareeka Yongpang Rai

When it comes to the entertainment business, some believe that it pays to have made your mark in one field of the business to be successful in another. Seventy five percent of the people I know seem to think that Jennifer Lopez would not have sold her records if she hadn’t wooed the movie-going male population with her onscreen performances. Well, does the same rule apply back home in Nepal? Does it work to the advantage of the Rappaz Union (Rappers’ Union for the confused) that one of the capital’s most popular radio presenters is one of the band? Probably. But the bigger question is, would they have survived without that advantage? Probably. Which means that you could say that Nepal’s premier hip-hop and rap quartet are talented enough.

To be really honest, I was doubtful whether I could do justice to ‘Fo Ya’ All’, the band’s first album. I happen to sit on the other side of the musical fence where hip-hop and rap don’t figure large. But what I could understand about this form of music is that the lyrics can be about anything from love to life to anger and pain. That is what is impressive, I guess. There is variety in it. It provides some respite to our listeners who have barely recovered from their overdose of a dozen love songs (we can’t seem to go beyond the words "mayalu" and "priyasi") before the next dozen are dished out to them.

In the Rappaz Union’s first album, even love songs are handled differently. The lyrics are English to begin with and there are plenty of interesting expressions thrown in. Mushy lyrics get balanced with phrases like "No doubt" and "in da’ house" thrown in here and there. ‘Pretty Gurl’ i.e. Pretty girl in simple English, for instance, starts off with the announcement of "da rappaz union" being "in da house" before the lyrics flow in praise of somebody of the fairer sex.

And before anybody gets alienated, RU adds a distinct Nepali touch to the songs sometimes with the words like K.A.T.H. mandu and sometimes with the accent, perhaps. A perfect example is "Some say", a musical advice on giving up that bad habit. It inclines towards the well-known Nepalese culture of spreading the message of loving everybody. Sample lyrics, "You say you can do it better than us....well, that’s for you to know and me to see....... I just want some peace and harmony." The highlight of the song, composed by members Nirnaya da’ naughty soul kid, Sammy Samrat and Richie Rich Rinchin, are these words (in Nepali), "ji-li-li.....hami sabai mili".

The rappers profess their desire to bring awareness thru music and they try to do that thru "24-7-365" where they protest in the name of Mother Earth. Incidentally, the band uses paper instead of plastic for the CD covers. "24-7-365" also showcases the vocal talents of Axata, who has sung a number of commercial jingles. More guest artists are in store for you on songs like "Live Today" where Sammy and Dolma of the all-girls band Sparkle, take on the subject of overcoming sorrows to live a full life. And in "I want to dance" Nirnaya and child artist Aviraj form an unusual combo.

My personal favorites turned out to be "Dat’ sumthin". Alas, a love song but it is the catchiest track in the album because of a well-done opening and an interesting chorus which somehow reminds me of cheerleaders. Another favorite, albeit a controversial one was "Real Gangsta sh#t". If Nepalese listeners can learn to ignore the explicit lyrics, then rapper Caoz Capone should become the next hot property for his excellent performance in the song.

My third and final pick from the album should be, "I want to dance". It’s happy and cheerful, it’s unusual and it’s part Nepali and part English which means the best of both worlds. The band has projected this album to be for everybody, the album’s title makes that obvious. I cannot guarantee that the average Nepalese listener will like it. But I do guarantee that if marketed well, this should be a dance floor staple at the clubs. No doubt about that one!

The waiting game

Deepak S Rana

I am sure most of you have by now realized that life’s one big waiting game. If this idea has still not dawned on you, then I’ll keep my fingers crossed. For I can say with true conviction, white hair and all, and as sure as God made little green apples, it will eventually befall you in a sneaking sort of way, or like a bolt of lightening.

I hope it comes the former way, for the latter would probably hit you with the force of a Muhammad Ali punch, and then you would really have to work overtime to get out of that mess.

In my opinion the best way to learn "The Art of Patience" without having to pay a fortune for mediation lessons, or becoming a Zen Buddhist-is to go fishing. Or be a fisherman. Or both.

Fishing is an art form begging to be discovered by the uninitiated, and a closely guarded secret by the few that have already latched on to the maze of wonders laid bare to them in the uncharted corridors of their minds. Can you readers even begin to imagine the hours of meditation the fisherman goes through, while waiting, on the banks of all those rivers and ponds.

In order to fish, fishermen choose quiet areas, free of people. While they wait on the pond or river bank contemplating the still waters, which soothe the mind and calm the beating heart, many hours are spent thinking of life in general and of the stars and beyond— which is what meditation is all about. And it’s free.

Come to think of it, while mentioning all this, it just occurred to me that the fisherman is actually doing four things, without doing anything at all.

Look at it this way. First the fisherman must travel, either all over his or her country or to the far corners of the earth in the pursuit of fishing, which makes them well travelled. While fishing, meditation comes automatically, which teaches them the vital element for survival-patience. With patience everything opens up for them in their lifetime making them better human beings. And lastly if nothing happens, you can still eat the fish.

The world in general does not seem to understand those who go fishing. But how could they?

If gold was as cheap as flies on a Kathmandu rubbish pile, would it be so expensive?

This absurd ignorance of the majority has even led the foolish into exclaiming very stupid things like— the only thing crazier than a hunter or mountain climber, are fishermen. They will fish where they know there are no fish, just as long to pass their time.

Occasionally the poison invades my veins, I go off with others of my brethren to contemplate the still waters of Lake Phewa or Phoksundo. See where that’s got me!

I keep my cool when someone physically or mentally tries to clobber me over the head with a brickbat. And ten years of hard earned democracy has been really trying my patience, but I have not done anything— Yet!

I have started getting together a high profile group of fishermen to fish with me in West Nepal, next year. Being fishermen, I know they will trudge through all those rocks and boulders and sharp stones on those shores, with the added discomfort of sand in their shoes. But I can guarantee you, despite the trouble they take, that they would be happy anyway, as they would surely know that this was just the means to an end, in an "its not the trophy but the chase" sort of way. For the real 70 pounder that they actually caught, would be jumping around in the corridors of their minds.

Seed of Monopoly
Impact of TRIPs accord on Nepal

Bhaskar Sharma

Theoretically speaking, trade liberalization is a means to promote economic development as it renders better allocation of global resources and greater efficiency due to increased competition. However, in reality, trade liberalization policy ushered in by the World Trade Organization (WTO) is falling way short of promoting free and fair trade globally.

The impact that WTO agreements can have on the Least Developed Countries (LDCs) is undoubtedly huge: and a major contributor being the so-called agreement on Trade Related Intellectual Property Rights (TRIPs).

The book entitled "Seed of Monopoly : Impact of TRIPs agreement on Nepal" has come out at a time when Nepal is all set to obtain membership of WTO. As the name suggests, the book, authored by Ratnakar Adhikari, Narayan Belbase and Yamuna Ghale, and edited by Narendra Sharma, is handy to those who keep abreast of WTO issues and want to know what WTO has in store for Nepal.

Nevertheless, the book also tries to grasp the attention of the general public, even those who do not understand what WTO is all about. Above all, the book is a successful effort to educate policy makers, bureaucrats, civil society, organizations, academic circles and media about the impact of TRIPs.

The beauty of the book is its chapter arrangement. Beginning with an introduction on General Agreement on Trade and Tariffs (GATT), the predecessor of WTO, it goes on to finer details and into the core idea of TRIPs. The book has beautifully presented the areas that come under the scope of TRIPs agreement, including copyrights, trademarks, industrial design, trade secrets, breeders’ rights and patents, among others.

Furthermore, each chapter is arranged in such a way that it would be easy for a reader to understand the relevance of each area under TRIPs on Nepalese economy. As a whole, the book covers the implications that TRIPs can have on food security, bio-diversity, farmers’ rights, indigenous knowledge, agriculture and consumers. At the same time, it also makes valuable suggestions for both at the WTO proscenium and back home, in the context of Nepal’s preparation to enter the global rule-based trading system.

With rationality and valid inferences, the book observes: TRIPs agreement contains provisions which directly hinders the development objectives of developing countries and LDCs, which is also deleterious to the interests of the local communities, farmers and consumers. For a country like Nepal, which depends upon neighboring countries for technology and has a proportionately higher bio-diversity reserve, the impact is bound to be severe.

TRIPs Agreement should have never made it to the WTO, but it succeeded in securing a firm place there despite the vehement opposition from the developing countries. The agreement provides unfettered monopoly rights to the Transnational Corporations (TNCs), mostly housed in the north, i.e. the developed, to promote their welfare at the victimization of the vast populace of the South, i.e. the underdeveloped and the developing, the book says.

However, though very few, the book is not without its flaws. First is the limited distribution of the book, as it is not available to interested public easily. Secondly, though no price is mentioned, it is expensive - as reported by some buyers.

Thirdly, though much emphasis can be seen on incorporating the ideas of experts into the book, by interviewing over 20 experts on WTO, it categorically lacks - what can be said as a concrete plan - an action plan, pertaining itself only to a holistic approach and policy level framework. Last but not the least, the book also contains some clumsy and long sentences, which could have been avoided, if proper care were taken.

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