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While prisons are generally conceived as institutions for reforming criminals, recent trends show that many ex-inmates are repeatedly engaging in criminal activities. In just one month, about 6-7 people have been re-arrested on charges of committing new crimes. 

According to Advocate Priya Hari Bhandari, Nepal’s prisons are increasingly becoming places where inmates learn new criminal skills and expand their network of criminal associates. With few exceptions, most people who end up in prison have committed some form of crime after their release. When criminal-minded individuals are housed together, it creates an environment conducive to learning more illegal activities and expanding criminal circles. Had prisons been functioning as true rehabilitation centers, we wouldn’t see the same individuals repeatedly ending up behind bars.

Bhandari said that Nepal’s prisons are overcrowded, making it difficult for inmates to access even the basic amenities. Furthermore, individuals involved in various types of crimes are often housed together. This has led to prisons being used as places to learn criminal tactics and strategies. If prisons functioned as true rehabilitation centers, the same individuals wouldn’t repeatedly end up behind bars.

He suggested that inmates should be taught self-sustaining skills. “If they acquire practical job skills while serving a prison term, it would make their reintegration into society easier upon release,” he said. “There is a prevailing attitude that once someone goes to jail, everything is over for them. Their businesses, jobs, friends and relatives often distance themselves. Local governments should take initiatives to create an environment that allows ex-inmates to return to work.”

Nepal Police Spokesperson Dan Bahadur Karki attributed repeat offenses to factors such as peer influence, bad company, being too ambitious and the desire to make quick money. “While constant surveillance is maintained on activities within prisons, police cannot interfere with the choice of friends and social circles of an individual,” he said.

Karki, however, argued that attempts have been made to make prisons skill-oriented. He suggested that separating convicted prisoners from those merely accused of crimes could help address this issue to some extent.

“Ex-inmates often face difficulties reintegrating into society immediately after release. The role of families and relatives is crucial in the reform of these individuals,” he added. “It is important to forget past mistakes and support them in leading a normal life going forward.”

Crime rates persist 

According to Dinesh Raj Mainali, the spokesperson for the Kathmandu Valley Police Office, while prisons are conceptualized as rehabilitation centers, in practice, they haven’t been able to fulfill this role. “Prisons face their own set of challenges, including overcrowding, which affects proper management of inmates. The practice of housing all types of prisoners together often leads to individuals who committed minor offenses being influenced by those involved in more serious crimes,” he added. “It is not easy for someone to reintegrate into society after serving a prison sentence. Inmates need proper guidance, moral education, and life skills while in prison. While some efforts have been made in this direction, they haven't been fully implemented.”

One of the reasons why individuals repeatedly make mistakes, get involved in crimes and engage in harmful activities, according to Mainali, is bad company.

Sociologist Professor Mina Upreti said families and society often do not readily accept individuals with criminal records which leads to repeated offenses. “With few exceptions, most crimes occur due to bad influence and temptation. A person in a negative company does not reform quickly. Since various types of criminals, including those who have committed heinous crimes, are housed together in jails, prisons often become training grounds for crime,” she said. “This creates a possibility where someone jailed for a minor offense might commit a more serious crime upon release.”

Although that crime should not be normalized, society needs to stop permanently labeling someone as a criminal for a single offense, she added.

“Upper-class and wealthy individuals often reintegrate easily into society, with their crimes often overlooked, while poor, lower-class, and Dalit community members struggle to be accepted back into society,” Upreti added.

Making prisons skill-oriented

Kamal Prasad Pandey, director and spokesperson for the Prison Management Department, said efforts to transform prisons into rehabilitation centers have not been effective. “The lack of physical infrastructure makes it challenging for us to segregate prisoners based on their offenses. While the country’s prisons have a capacity of only 16,000, they currently house around 30,000 inmates and detainees. This overcrowding creates management challenges,” he added.

According to Pandey, efforts are being made to modernize prisons and make them more technology-friendly. “The government needs to introduce special programs to engage all prisoners in self-sustaining activities,” he added.

Nawaraj Adhikari, the spokesperson for the District Police Range Kathmandu, said those sentenced to less than three years should not be housed with those who have committed heinous crimes. “Detainees should not be kept with convicted prisoners. However, Nepal’s prisons currently lack the facilities for such segregation,” he said. “If prisons can be developed as places to learn life-skills, the tendencies of repeated offense would decrease.”

At 13, Sanumaiya Chhetri left her village in Kavre and arrived in Kathmandu in search of work to support her parents. But just six months after coming to the capital city, she had to return home following the death of her father. She had to stay behind to look after her mother; her plan to work her way out of poverty was postponed. Eighteen months after her father’s passing, Sanumaya lost her mother. Orphaned at a young age, Sanumaiya spent some time in the village, until she finally decided to go to Kathmandu once again. 

She started working odd jobs here and there in order to survive. Some years later, Sanumaya would marry Krishna Chhetri, whom she met while working as a wage laborer. The couple had three children, but their marriage was far from ideal. Krishna was an alcoholic and it was up to Sanumaya to raise the children. 

Sanumaya says her husband disappeared some 40 years ago, and that she can barely remember his face. She is 74 now and all her children are adults now. Sanumaya, who lost her parents at a young age, doesn’t have citizenship, neither does her three children, whose father disappeared four decades ago.

“The lack of citizenship documents troubles me every day,” Sanumaya, whose concern is that her children may not be able to find decent jobs and open bank accounts. 

Three years ago, Sanumaiya petitioned the Supreme Court after the District Administration Office (DAO), Kathmandu, claimed that the family can’t be granted citizenship as her husband’s identity couldn’t be ascertained. On 8 Jan 2023, a joint bench of Justice Til Prasad Shrestha and Justice Anil Kumar Sinha ordered the DAO to issue citizenship certificates by descent to Sanumaya and her children in accordance with the law. But the DAO didn’t issue Sanumaya a citizenship document, as she couldn’t provide proof of her parents’ nationality. 

Chief District Officer Jitendra Basnet says that despite the passage of the Citizenship Act, challenges persist due to the absence of rules and procedures. “The basis and procedure for granting citizenship haven’t  been decided yet. So the court’s order remains unimplemented.” 

Madhab Prasad Dhungana, head of the citizenship department, argues that a citizenship can’t be granted based on emotions. 

“In Sanumaiya’s case, the court ordered the chief district officer to look into the issue and grant citizenship. However, there’s a lack of documents to support this decision,” he says. “She doesn’t have any neighbors or relatives to vouch for her, the only testimony is from the ward office, stating she’s been living in Kathmandu-4, Chandol for 40 years.”

Without citizenship, Sanumaya cannot get senior citizen’s allowance and other state facilities. Her children have long since moved on, and she lives alone in a rented room. She says she is too old to frequent courts and government offices. 

Reluctant DAO

Unlike Sanumaya, Neha and Nistha Thapa have not given up. The two sisters have been visiting the DAO, Kathmandu, to obtain citizenship documents under the name of their mother. The Supreme Court has instructed the DAO to provide citizenship to the sisters, as the whereabouts of their father are unknown. Neha and Nistha don’t even know any close relatives from their father’s side.

“Despite the court’s express instruction, the district administration office is refusing to issue us the citizenship documents under our mother’s name. The office wants us to present our missing father just because his name was mentioned on our academic certificates and other documents,” says Neha.  

Without citizenship papers, Neha says she and her sister cannot find a proper job. The other Nistha wants to go abroad for further studies, but she cannot do so until and unless she has a proper citizenship. 

“Is it our crime that we  know the name of our father who disappeared after giving birth to us? Why cannot our mother, who raised and educated us, pass on her citizenship to us?” laments Neha.

Advocate Binu Lama, who is overseeing the case of the two sisters, insists that the DAO cannot deny citizenship to her clients because they mentioned the name of their missing father on their academic certificates and other documents. 

“The district administration office should honor the court’s decision. They cannot be asking my clients for the details of their father’s citizenship details just because they happen to know his name.”  

The predicament of Neha and Nistha mirrors that of Sajan and Simran Manandhar from Lalitpur. The DAO, Lalitpur, has denied them citizenship by descent under their mother’s name, because their academic and birth registration certificates bore the name of their father.

Sajan and Simran also fought the case and got an order from the Patan High Court, issued in the name of DAO, Lalitpur, to issue citizenship documents based on their mother’s name. But the siblings were rebuffed by the employees at the DAO, Lalitpur. 

“We were told that it was impossible to issue citizenship based on a court verdict. The people at the district administration office told us to get our citizenship from the people who pronounced the verdict,” says Sajan.

Patriarchy persists 

Despite the passage of the Nepal Citizenship (First Amendment) Act, which resolves numerous past citizenship issues, it remains inadequate in addressing the challenges faced by thousands of people, including Sanumaiya, Neha, Nistha, Sajan and Simran.

Advocate Lama says while this Act has provided relief for those denied citizenship by birth, it falls short in alleviating the struggles of mothers like Sanumaiya and her children. 

“Despite the positive role of the court, discrimination persists within the administration,” she says.

Advocate Meera Dhungana says that despite the court rulings favoring the plaintiffs in numerous cases, chief district officers are reluctant to follow the orders.

She adds that the court orders face implementation challenges due to the resistance of chief district officers and other employees who refuse to acknowledge the existence and role of women in Nepali society. 

“Patriarchy is at play here. A woman’s role as a parent is not being recognized. Why can’t a mother who can give birth and raise a child give the child a legal identity?”

Lama adds there is no law prohibiting citizenship issuance under the mother’s name when the father is unidentified.

 “There is no law preventing children of mothers with citizenship by descent from obtaining citizenship,” she says. 

According to her, the inclusion of certain points in the existing Citizenship Act, along with a clarified procedure, could resolve the issues like that of Sanumaiya’s. However, there is a lack of consensus among political parties to amend the law. Sub-section 5 of Section 2 of the Act stipulates: “A person born in Nepal to a Nepali citizen mother and living in Nepal, and whose father has not been identified, will acquire Nepalese citizenship on the basis of descent.” Chief district officers have no clarity on the term ‘not identified’.

Advocate Dhungana points out that numerous children who only have knowledge of their father’s name struggle to obtain citizenship. 

“It is unfortunate that even with a mother possessing citizenship by descent, children whose father’s name is documented in other papers are compelled to remain ‘non-citizens’,” she says. 

Landmark verdict 

The Supreme Court recently made a significant decision addressing the matter of unacknowledged paternity. On Aug 17, the court ruled on a writ filed by Christina Maharjan from Lalitpur Mahalakshmi Municipality-6, elucidating the issue of unidentified fathers. 

Christina filed a petition in the apex court, requesting birth registration and citizenship recommendations exclusively under her mother’s name. Despite having a copy of her father’s citizenship, Christina refused to accept citizenship under his name, citing his abandonment of parental responsibilities. Consequently, she applied for citizenship using her mother’s maiden surname.

In this instance, on Aug 17, the bench comprising a joint bench of Justice Anil Kumar Sinha and Justice Nahkul Subedi emphasized that a child’s father’s identity is connected to factors such as his physical presence, the affection and care provided, and the responsibilities undertaken for the children by the person regarded as the biological father. 

The judgment further stated that if there is no physical and emotional connection between the child and the alleged father in their life, the father should be deemed non-identified. The Supreme Court emphasized that even if the child lacks a physical or emotional relationship with the person identified by the mother as the biological father, they are not obligated to accept him as the father. 

The court asserted that such acceptance should not be forced. The verdict also provided clarification on how to determine whether the father has been identified or not.

The verdict states that officials issuing citizenship should determine whether the father is ‘identified’ or ‘not identified’ based on the applicants’ self declaration. It also states that if the biological father or his family members don’t accept them as their children, officials issuing citizenship should deem the applicants as being children of ‘not identified’ fathers. In such cases, where an individual seeks citizenship solely under the name of their mother, citing the non-identification of the father, it is the responsibility of the relevant office to facilitate the grant of citizenship, the verdict states.

Even with this judgment, the challenges faced by Sanumaiya and her children, as well as Neha, Nistha, Sajan and Simran remain unaddressed. 

Advocate Sushma Gautam, with extensive experience in citizenship matters, accuses the district administration offices of committing a crime by disregarding court decisions. 

“Even the Citizenship Act has failed to resolve the issues faced by individuals like Sanumaiyan or Neha. This Act is discriminatory and incomplete,” she says.

As per Clause 2 of Article 11 in Part 2 of the Constitution of Nepal, if an individual’s father or mother is a citizen of Nepal at the time of their birth, that person should be recognized as a citizen of Nepal. However, the absence of laws, regulations, and procedures to enforce this constitutional provision has compelled many Nepali citizens to be categorized as non-citizens. 

Rabindra Prasad Acharya, spokesperson for the Ministry of Home Affairs, asserts that adherence to the written law is imperative. 

“We must strictly adhere to the constitution through legislation. If the law is perceived as discriminatory, it is the responsibility of the lawmakers. We cannot surpass the boundaries set by the law.”

Advocate Gautam highlights that in the constitution and the new law, there is no provision for children to acquire citizenship if the father’s name is known but the address is unknown. However, if both the father’s name and address are unknown, the child can obtain citizenship through the mother’s name. 

“Thousands of people across the country have documents with their father’s name on them, but their address is unknown and they have to remain without citizenship,” she says.

Insulting provisions

In sub-section 3 of section 21 of the Citizenship Act, a provision has been introduced requiring any woman to self-declare the status of her husband as missing, unidentified, or absent. If this self-declaration is determined to be false, the individual making the false statement may face penalties, including imprisonment for six months to a year or a fine ranging from Rs 50,000 to Rs 100,000,  or both. 

Sabin Shrestha, director and advocate at the Women’s Law and Development Forum, argues that the provision requiring self-declaration about a missing husband constitutes discrimination against women.

“The state has adopted differentiated treatment towards women by incorporating such a provision into the law. Nurturing children without a husband is inherently challenging. Therefore, seeking the husband’s identity while determining the citizenship of children raised amid hardship is inappropriate.” says Shrestha. “If the mother holds citizenship, her children should receive citizenship unconditionally. The law reinforces the outdated notion that only men carry forward the lineage.” 

Former judge Balaram KC questions: “Why is the system of self-declaration and punishment only applicable to women? Is there a provision for a man to declare himself regarding his wife?” 

He emphasizes that the law should not discriminate between men and women.

Bhadrakali Pokharel, spokesperson for the Supreme Court, says that disputes of this nature can be resolved by adhering to the precedents established by the court. 

“Even though thousands of cases related to citizenship of various natures are registered across the country, we do not have separate data for cases like Sanumaiyan’s.” 

Hari Prasad Sharma, assistant chief district officer Kathmandu, reveals that numerous individuals with such issues visit the administration office daily, hopeful of obtaining citizenship. 

“It is challenging to provide an exact number, but this problem is widespread, and it needs to be addressed through legal means.”

Hollow nationalism

Shashi Shrestha, chairman of the State Affairs Committee in the former House of Representatives, contends that the constitution itself carries discriminatory elements. She attributes the creation of discriminatory constitutions and laws to the mindset of many representatives who do not view women as human beings. 

Shrestha asserts that she advocated for equality, considering provisions in the constitution exclusively for women as discriminatory. 

“When we proposed equal arrangements, there was disagreement. It wasn't possible due to concerns about ‘hollow nationalism’.”

Former Supreme Court justice Balaram KC asserts that this issue emerges when lawmakers neglect their responsibilities. 

“Mothers who are aware of their husband’s name are also compelled to lie, claiming ignorance, fearing that their children will be denied citizenship.” KC says. “The government's hollow nationalism has led to such flaws in the law. The practice of seeking the father’s identity while the mother is present is incorrect.”

Constitutionalist Bipin Adhikari advocates for the establishment of a procedure within the current legal framework to address the existing challenges in obtaining citizenship. 

“Our law has its roots in Hinduism, and this continuity is reflected in the present legal system. It is inherently discriminatory,” he points out.

In collaboration with the Center for Investigative Journalism, Nepal

“How much did you pay the agent?” asked the officer. The woman hesitated for a moment, and said, “Not even a single rupee.” Unconvinced, the officer asserted, “There is no reason to lie.” She stood her ground, “I’m not lying.” she replied. “I was told that I wouldn’t have to pay anything. A distant relative had arranged a visa for me. I didn’t even pay for the air ticket, nor for my stay in Kathmandu.” 

This is the conversation between Superintendent of Police (SP) Milan KC from Kathmandu Valley Crime Investigation Office and a woman from Rupandehi, who had been caught trying to fly to Dubai using fake documents.  

A small group of women are waiting outside the office, with nervous looks on their faces. They are under investigation for trying to fly out of the country with forged documents. One of them is a 27-year-old woman from Dhading. She was caught with fake documents at the airport. Her plan was to go to Dubai on a visit visa and from there fly to Malta. Her academic certificate and police report were forged. 

Back in October, it was revealed that a woman who had been trafficked to Oman via Dubai had been raped by her agent Navin Rai. Rai had taken her to Muscat with a forged labor permit. The woman is currently under the care of the Nepali Embassy in Oman. Rai has been detained by the Omani police. 

Following the incident, the Immigration Office at the Tribhuvan International Airport has launched an internal investigation. Gogan Bahadur Hamal, the chief immigration officer, said the employee responsible for stamping on fake documents is being investigated.

According to the Kathmandu Valley Crime Investigation Office, it has received a total of 1,200 passports between Oct 6 and Dec 1 in connection to a forgery case. SP Rabindra Regmi, spokesperson for the office, said Nepal Police has arrested 22 agents who were involved in creating fake documents and enticing people to go abroad.  

In recent times, the government has intensified crackdowns on those intending to go abroad on visit visas. It has been revealed that around 80 percent of the total applicants applying for a visit visa to Dubai are individuals intending to go to destinations such as Oman, Kuwait, Qatar, Malta, and Saudi Arabia for employment.

SP Regmi said many women are becoming victims of human trafficking by trying to go abroad for employment by using visit visas. 

“There is a big network of agents involved in forging educational certificates and bank statements. The women usually pay their agent up to AED 2,000 AED or nearly Rs 72,000.” 

Police investigation has found that many Nepali women who have gone to various countries, particularly in the Gulf states, using visit visas are facing various problems, such as labor exploitation, abuse and nonpayment of salary.Majority of these women are aged 20 to 35. 

“Agents lure Nepali women with various excuses to send them to various Gulf countries for free. They entice women who are less educated, single, and from lower-income groups, promising them higher income," said SP KC.

Exploitation of these women start at home, with the agent charging them exorbitant amounts of money under various pretexts. 

Deputy Superintendent of Police Govinda Panthi said some women have paid up to Rs 300,000 to their agents just so they can fly to Dubai on visit visas. “These women are being charged huge amounts of money in the name of visa processing, medical check-ups, accommodation, and food. The sad thing is that they are willing to pay the amount.”

While authorities have intensified surveillance at the airport to prevent innocent women from being trafficked in the name of overseas employment, it has neither deterred the agents nor the women who are willing to risk it all to fly abroad for employment. 

Since October, around 1200 women intending to go abroad on visit visas have been stopped at the airport. Many of them were found with forged paperworks.   

Prem Prasad Dahal, spokesperson for the Immigration Department, said even though the Nepal government has imposed restrictions on Nepali women going to Gulf countries for domestic work, many women are still going there through illegal means.

“Of course, the government is actively involved in protecting Nepali women from being trafficked to Gulf countries and ensuring their safety, but there are many challenges in preventing everyone from being trafficked.”

Case 1

Revati Thapa, 29, and her nine-month-old daughter Ritu were burnt alive in their house at Thapa Tol in Triveni-2 of Salyan on September 16. Police later arrested Revati’s ex-boyfriend, Karna Bahadur Basnet, for investigation. Police suspect that Karna was seeing Revati even after her marriage, and that he might have committed the crime out of jealousy. 

Case 2 

Bhavana BK, 28, of Saankha in Rukum West was found murdered in a hotel room in Musikot on Oct 17. Police arrested Lok Bahadur BK, 30, of Simli in Rukum West in connection to the crime. Investigation revealed that Bhavana was in a relationship with Lok Bahadur while her husband was in a foreign country for employment. Police say Lok Bahadur had borrowed Rs 500,000 from Bhavana, and that he murdered her after she pressed him to return the money. Prior to his arrest, Lok Bahadur was in jail for polygamy and had just got out after President Ram Chandra Poudel pardoned him on the Constitution Day. 

Case 3 

Rupesh Swarnakar, a school headmaster from Madrasa Tol in Kalaiya-6 of Bara, was fatally shot on October 30. He died while receiving treatment in Birgunj. Police later found out that Rupesh’s lover and school accountant Radha Gupta had hired gunmen from India to have him murdered. Radha resorted to the crime after Rupesh, a father of two, reportedly refused to marry her.

***

The above tales are but a glimpse into the crimes that are taking place every other day due to extramarital affairs. Such relationships are causing families to disintegrate, leaving innocent children helpless. 

Sociologist and professor Dambar Chemjong reflects on the evolution of extramarital affairs and the rise in crimes of passion in modern Nepali society. He attributes the increase in the number of extramarital affairs and crimes relating to such a relationship to technology.

“There used to be fewer cases in the past. But with the age of technology, people now have gained freedom, and the means of meeting different individuals. There is a growing tendency to share things with others under the pretext of alleviating tension.”

Chemjong adds: “Couples are also spending more time away from each other because one of them is working away from home. When a couple has not met for an extended period, they become suspicious of each other, and extramarital affairs tend to flourish. Foreign employment is also a significant factor contributing to the rise in extramarital affairs.”

Senior Superintendent of Police Dinesh Mainali, spokesperson for the Kathmandu Valley Police Office, believes that the combination of unemployment opportunities at home and heavy social media use is causing the rise in cases of infidelity and crimes as a result of such illicit affairs.  

“Casual relationships are being formed on social media just to pass the time and in some cases these relationships evolve into something more. Even married individuals are falling in this trap,” says Mainali. “We have observed that lovers commit crimes like murder and assault when they are unable to manage their extramarital affairs.”

Former deputy inspector general (DIG) of Nepal Police, Hemanta Malla Thakuri, expresses concern that the increasing prevalence of extramarital affairs is not good news for society. 

“If a relationship is not healthy, it can lead to criminal activities,” he says. “This applies not only to extramarital affairs but to every relationship. Any relationship that is uncomfortable and strained can be fatal.”

DIG Kuber Kadayat, spokesperson for Nepal Police, says that individuals involved in extramarital affairs often refrain from reporting incidents of violence with the police. 

“Many opt to keep such matters private out of fear of being exposed for having extramarital affairs. This, in turn, can escalate into heinous crimes,” he adds.

Psychiatrist Karuna Kunwar says people normally resort to crime when they are unable to control their anger and passion. She says if one is careful about keeping their emotions in check, illicit love affairs and crimes relating to extramarital relationships could be lowered.

“In most cases, misunderstandings and ego between partners are the main reasons behind extramarital affairs. When the emotion and intimacy between a couple start to disappear, they seek outside relationships for mental happiness,” says Kunwar. “Not appreciating each other’s desires, not listening to each other, not speaking your mind, and not having time for each other can cause a rift in the relationship.”

Advocate Priya Hari Bhandari says that being involved in a romantic relationship with other individuals while being married is illegal and has a far-reaching impact on families and society. 

“Extramarital affairs have repercussions on the family, children, and society at large. In case of disagreements between the couple, efforts should be made to resolve the issues,” says Bhadari. “If the relationship is not working, the couple can always opt for legal separation.”