Queer community lauds Supreme Court’s order on same-sex marriage
On June 29, the Supreme Court issued an interim order to the government to ensure marriage registration of same-sex and other non-traditional heterosexual couples. It was a landmark decision for same-sex couples as well as individuals identifying as part of the LGBTIQA+ community. As per the court’s order the government must now set up a transitional mechanism to register the marriage of same-sex and non-traditional heterosexual couples, and amend the laws related to marriage in the Civil Code 2017. While the queer community and their supporters have lauded the court’s order, some politicians have taken it as an affront to their faith and values. One prominent figure offended by the idea of legitimizing same-sex marriage is Kamal Thapa, a former deputy prime minister and the leader of Rastriya Prajatantra Party. “The Supreme Court’s decision regarding the registration of same-sex marriages is flawed. Same-sex marriage is against natural law, social norms and culture. Marriage is a sacred relationship between a man and a woman. If same-sex marriage is legalized, it will lead to family confusion and social distortion [translated from Nepali],” the Hindu right-wing leader wrote on his Twitter following the court’s order. People’s perception toward same-sex marriage is divided. While some support Thapa’s ideology, there are individuals who disagree with him at the same time. Rabindra Mishra, senior vice-chairman of RPP, replied to Thapa’s tweet in favor of the LGBTIQA+ community and the court’s recent decision. “When I looked at his [Thapa] tweet, I could see many individuals supporting and defending us against his ideology. That, I think, shows that there are people accepting us gradually,” says Pinky Gurung, president, Blue Diamond Society (BDS). On June 7, Gurung and eight other applicants representing the LGBTIQA+ community had filed a public interest litigation at the Supreme Court, calling for legitimization of same-sex marriage. Gurung says although it is important for her community that the people accept and support same-sex marriage, their main focus right now is to claim the rights they deserve. The court’s decision is also momentous for Nepal as a country itself for being the most queer-friendly country—at least in terms of law—in the whole of South Asia. No wonder, the Supreme Court’s decision was praised by the international community. US Ambassador to Nepal Dean R Thompson tweeted, saying the decision was “a significant step toward marriage equality and recognition in Nepal that marriage is a fundamental right.” Australian Ambassador Felicity Volk also tweeted in favor of the court’s decision, saying that “Nepal continues to demonstrate regional leadership in promoting the rights of LBGTIQA+ communities.” It has been a long battle for the queer community of Nepal to have their nuptials recognized as a legal union. The first writ peition to legalize same-sex marriage was filed back in 2004, and the Supreme Court had formed a seven-member committee in 2007 to study the legalization of same-sex marriage. The committee’s report was submitted to the Office of the Prime Minister and the Council of Ministers in 2015, which in turn forwarded it to the Ministry of Women, Children, and Senior Citizens. But no further actions were taken. Sujan Panta, advocate and legal expert on LGBTIQA+ rights, says that one of the major reasons behind the ministry’s lack of interest to amend the marriage laws to recognize the same-sex union is because many people in the position of power still hold beliefs similar to that of Thapa. “Majority of them still find same-sex marriage to be ‘unnatural’, but with this court order, Nepal took its first step toward legalizing same-sex marriage,” adds Panta. While Nepal’s constitution states that there “shall be no discrimination when it comes to sex or matrimonial status”, the National Civil (Code) Act, 2017, still dictates marriage to be the union between a man and a woman. “If we were to completely legalize same-sex marriage, a total of 18 articles needs to be amended,” says Panta. Sunil Babu Pant, politician and LGBTIQA+ rights activist, says despite many amendments needed, the marriage registered will be valid and permanent. “The reason the court has ordered for a spearate mechanism to register same-sex marriage is to provide time for the lawmakers to amend the marriage law,” he adds. The LGBTIQA+ community of Nepal has only won half the battle; there are many challenges ahead. But for those who have been deprived of legal marriage documents because of their sexual identity, this is a cause for celebration. Maya Gurung, a 38-year-old transwoman, has been married to her partner Surendra Pandey for the past six years. Now with the court order, Gurung says she is overwhelmed with joy. “Now we can finally feel that our marriage will be legally secure,” she says. Gurung is looking forward to receiving the privileges all married couples do. Not being able to register their marriage had deprived them from several services like opening a joint bank account or registering each other as spouses in hospitals. Registrations at government offices are another hassle. Not having a legal document also deprives couples from participating in their partner’s funeral. Dilmaya (Aniee) Tamang, a 30-year-old transwoman, has been in a living relationship for the past 10 years. The major struggle for her and her partner was finding a flat to rent. “People would ask us for our marriage registration, or our citizenship where we both are registered as males,” she says. With the latest court order, Tamang and her partner can finally be registered as a married couple. “But this won’t be enough. Our society is not yet ready to accept our sexual identity and orientation. We still have a long fight ahead of us,” she says. Gurung, the president of BDS, says the court decision gives same-sex couples some hope for the future. “We have come across many suicides and suicide attempts among same-sex couple because of they were not accepted by our society and made to feel insecure for their sexual identity,” she says. Gurung believes that the Supreme Court has given a lot of couples, married or thinking of getting married, legal validation to their relationship. As for the society’s acceptance, she believes the the process will be gradual, and that the legalization of same-sex marriage will definitely plays a big role in changing the perception of individuals and society. “When there are laws backing us up, people will be compelled to accept that despite their disagreement,” says Gurung. “We also need to spread awareness, not just for acceptance but also to help people come to terms with their sexual orientation.”
Padam Jung Kunwar: Fostering entrepreneurial success
Thirty-year-old Padam Jung Kunwar, founder of the fast food chain ‘Daddy’s Kitchen’, has been in the hospitality business since he was 19. While many youngsters have left Nepal in search of better employment opportunities, Kunwar stands out as a true trailblazer in the industry, thanks to his unrelenting pursuit of excellence, creativity, and unwavering dedication. He received the ‘Captivating Creation Award 2023’. Kunwar’s entrepreneurial journey began with the hospitality industry in Butwal, his hometown, in 2013. Later, he co-founded ‘Daddy’s Kitchen’ with his uncle and the president of the company Kamal Jung Kunwar, whom he considers his mentor. “We started as street vendors,” he says. And it was a struggle to take their business from fast food trucks to several fine-dine restaurants. He claims that initially he was reluctant about doing business on the streets. But later, when the business took off, it boosted his confidence. As a result, now they operate 14 outlets under ‘Daddy’s Kitchen’, namely ‘Daddy’s Kitchen Food truck’, ‘Cooker Coffee’, ‘Papaya’ and ‘Hipat’ in Kathmandu, Pokhara, and Butwal. “For the business to be successful, the vibe of every eatery location needs to be analyzed,” he says, “It needs to make people feel good and welcomed.” He claims that every time he hunts for a location, the first thing he considers is the location’s potential and market niche. He shares how Cooker Coffee in Tinkune, Kathmandu, was the first and only café in the area. But now, as he expected, there are already more than 15 eateries close by, and they are usually bustling with people. Also, he has a particular taste when it comes to his restaurants’ interior design. It is often minimal, rustic, and environment-friendly. In their outlets, they use paper straws/cups and recycled tools for decoration. Also, he says that all his outlets are unique when it comes to service, menu, and designs. He also takes into account every tiny detail from plating the dishes to planning the decor with partners. Kunwar has expanded his business while maintaining his passion for interior design and selecting innovative cuisine. And he supervises all the outlets. When it comes to what he wants for his company, he is quite specific and determined. He mentions how he used to be hesitant and not very conversational in the past and that time and experience have changed him to become how he is today. He believes one of his greatest accomplishments in the entrepreneurial journey has been the shaping of his personality. It was hard for Kunwar to maintain his business during the Covid-19 pandemic. He was busy analyzing the crisis that the Covid-19 brought on his business in terms of timely rent payment and handling salaries. At that time, he gathered family members and they worked together to continue their food deliveries and takeaways while adhering to the covid protocols. The experience taught them valuable lessons on how they could give their business a boost by working on delivery and takeaway systems. In Nepal, brain drain has been a problem for more than a decade. But Kunwar stands as hope for many youths. “Being able to serve my own county is what I count as my biggest accomplishment,” he says. In addition, he has been supporting many other small-scale Nepali businesses. For Cooker Coffee, he has been purchasing local coffees from Gulmi, Syangja, Arghakhanchi, Sindhupalchok, and Kavrepalanchok. He has culturally-focused ideas and is keenly aware of the emerging trends. The idea for Cooker coffee originated from the fact that coffees were traditionally made in a cooker in his hometown. To ensure that he offers excellent service, he checks reviews and ratings on social media and Google. However, he claims that due to inflation and monetary crises, 70 percent of Kathmandu’s restaurants are up for sale. The food industry is becoming more competitive. But thankfully, Daddy’s Group has been doing well. He thinks that doing business in Kathmandu is a lot more challenging than in other cities. He claims that they had to stop operating two stores because of the new street vendor and underground parking policies adopted by Kathmandu Metropolitan City. However, Kunwar recognizes it as his learnings for the future. His dream is to expand his brand to the international market. Kunwar hopes more youths will come up with innovative ideas for startups. There will be hardships and struggles but it will all be worth it in the end, he says.
Challenge of Marxism in Nepal: Upholding democracy in a changing landscape
Marxism has a lengthy and intricate history in Nepal, dating back to the formation of the first communist party in 1949. Over time, Nepal has witnessed various manifestations of Marxist movements, including the People’s War led by the Communist Party of Nepal (Maoist) from 1996 to 2006, which ultimately resulted in the establishment of a republic and the elimination of the monarchy. Marxism has played a significant role in Nepal’s political landscape, particularly during the Maoist insurgency that ravaged the country for a decade. The Comprehensive Peace Agreement of 2006 marked a pivotal moment, ending the armed conflict and paving the way for a democratic republic. Subsequently, the Communist Party of Nepal (CPN), a Marxist-Leninist party, rose to prominence and became a dominant force in Nepali politics. In the present day, as Nepal undergoes a period of political transition, the challenge for Marxist movements is to uphold democracy amidst a changing environment. This entails grappling with complex issues such as economic development, social inequality, and political power, while also ensuring the protection of democratic principles and civil liberties. One of the main challenges Marxism faces in Nepal is the tension between revolutionary ideals and democratic institutions. While Marxism has traditionally been associated with revolutionary change and the overthrow of existing power structures, Nepal’s reality is that democratic institutions have taken root and are perceived as legitimate by a majority of the population. This means that any Marxist movement must engage with these institutions and operate within the framework of the democratic system, rather than seeking to overthrow it. Another challenge lies in reconciling economic development with social justice. Nepal is one of the poorest countries in Asia, with a GDP per capita of just over $1,000. While economic growth is a top priority for the Nepali government, concerns arise that this growth may come at the expense of social justice and environmental sustainability. Marxist movements must confront these issues and find ways to promote economic development while ensuring that the benefits are distributed equitably and sustainably. Simultaneously, Marxist movements in Nepal must confront the legacy of the People’s War. While the overthrow of the monarchy and the establishment of a republic were significant achievements, the conflict also led to significant human rights abuses and a breakdown of democratic institutions. Any Marxist movement seeking power in Nepal must address these issues and demonstrate a commitment to upholding civil liberties and democratic norms. Professor Chaitanya Mishra’s book ‘Loktantra Ra Aajako Marxbad’ explores the challenges faced by Marxism in Nepal and the need to address them. Mishra argues that Nepal’s current political landscape is characterized by a complex interplay of various factors, including democracy, capitalism, globalization, and regionalism. One of the primary challenges for Marxism in Nepal is to reconcile its ideological roots with the changing political and economic realities of the country. Marxism has traditionally been associated with the struggle against capitalism, but Nepal’s current political landscape is increasingly shaped by capitalist forces. To uphold democracy, Marxism needs to find ways to engage with these forces without compromising its core values. Another challenge is addressing the growing influence of regionalism in Nepal’s politics. The country’s diverse ethnic groups possess distinct identities and aspirations, and Marxism needs to find ways to address these aspirations while maintaining its commitment to a unified Nepal. However, the transition from armed struggle to democratic governance has not been without difficulties. Today, the challenge lies in maintaining a harmonious relationship between Marxist ideals and democratic principles. According to experts like Mishra, the crux of this challenge lies in striking a delicate balance between the collective aspirations advocated by Marxism and the protection of individual rights inherent in democracy. Marxism emphasizes collective ownership and equitable distribution of resources to foster social justice, while democracy focuses on individual rights, freedom of expression, and competitive elections. The challenge arises when these two ideologies clash, demanding a nuanced approach to preserve democracy while addressing the concerns of marginalized communities. One of the primary concerns in Nepal’s current political climate is the consolidation of power within the Communist Party of Nepal. Initially, the CPN played a crucial role in the democratic process, advocating for the rights of marginalized communities and pushing for socio-economic reforms. However, concerns have emerged regarding the party’s commitment to democratic principles as time has progressed. Mishra highlights the importance of respecting fundamental rights, such as freedom of the press, an independent judiciary, and a pluralistic political landscape, in maintaining a thriving democracy. Unfortunately, instances have been observed where these principles have been undermined, raising questions about the CPN’s dedication to upholding democratic values. The concentration of power within a single party also raises concerns about the erosion of checks and balances in Nepal’s democracy. As power becomes increasingly centralized, the space for dissenting voices and opposition parties diminishes, creating an environment that stifles democratic progress. The absence of robust checks and balances presents a significant challenge, necessitating the establishment of an inclusive and accountable democratic framework. To overcome these challenges, Mishra suggests fostering a culture of constructive dialogue and democratic debate within the country. He emphasizes the need to safeguard democratic institutions and ensure that power remains decentralized and accountable to the people. A pluralistic political landscape that respects the diversity of ideas and promotes healthy competition between parties is crucial for a vibrant democracy. Democracy, in its essence, is not merely an end in itself but a means to achieve a just society. Professor Mishra asserts that Nepal must strike a balance between Marxism’s emphasis on social justice and democracy’s commitment to individual freedoms. This delicate equilibrium can be achieved through a comprehensive and inclusive approach that acknowledges the rights of all citizens while addressing the socio-economic disparities prevalent in the country. Overall, the challenge facing Marxism in Nepal today is to navigate the complex political landscape while upholding its core values of democracy and equality. Mishra’s book provides valuable insight into these challenges and offers a way forward for Marxism in Nepal. Finally, Marxist movements in Nepal must also contend with geopolitical forces that seek to shape the country’s political future. Nepal is situated between two of the world’s largest powers, India and China, both of which have significant economic and strategic interests in the region. This means that any Marxist movement must navigate a complex geopolitical landscape and find ways to promote Nepal’s interests while maintaining its independence and sovereignty. In conclusion, the challenge facing Marxism in Nepal today is to uphold democracy in a changing landscape. This involves engaging with democratic institutions, promoting economic development while ensuring social justice and environmental sustainability, addressing the legacy of the People’s War, and navigating a complex geopolitical landscape. While these challenges are significant, they also present opportunities for Marxist movements to demonstrate their commitment to democratic values and to promote a more just and equitable society in Nepal. The author is pursuing BA LLB at Kathmandu School of Law
Double trouble: Exploring the suspense of Gumraah
‘Gumraah’, available on Netflix, is a captivating whodunit in which the identity of the killer is unveiled right at the start. However, as the story unfolds, it becomes evident that there is more to it than meets the eye. Two individuals, both identical, vehemently deny their involvement in the murder, leaving the audience perplexed. The Hindi-language thriller ‘Gumraah’ is an official remake of the Tamil sleeper hit movie ‘Thadam,’ starring Arun Vijay, which was also remade into Telugu as ‘Red,’ featuring Ram Pothineni. Drawing inspiration from true stories of similar crimes, the movie retains its mind-boggling suspense until the end. As I had watched both the South Indian versions, I approached Gumraah with a sense of skepticism. Bollywood has, on one too many occasions, failed to do justice to remakes, diluting the essence of the original movies. But I’m delighted to share that the makers of ‘Gumraah’ have not only succeeded in adapting the movie effectively but have also managed to preserve its intrigue, thrill, and suspense. The outstanding performance of Aditya Roy Kapoor, who is seen in the lead role, deserves a special mention. Kapoor, an underrated talent of Bollywood, has yet to find his rightful place in Hindi cinema. In ‘Gumraah’, he seizes the opportunity to showcase his acting prowess, convincingly playing the tricky doppelganger suspects, Arjun Saigal and Ronnie. He effortlessly navigates the complexities of these two contrasting characters, infusing them with distinct emotions that leave a lasting impact on the audience. Director Vardhan Ketkar’s sharp vision and meticulous execution, combined with the screenplay by Aseem Arora and Magizh Thirumeni, successfully recreate the drama and suspense of the original Tamil movie. ‘Gumraah’ effectively uses flashbacks to build its narrative, keeping the viewers on the edge of their seats. While there may be a few instances where certain scenes feel a little sluggish, the overall impact is overshadowed by the commendable performances and skillful filmmaking. Furthermore, Vineet Malhotra’s cinematography adds another layer of depth to the storytelling. His adept use of lighting, shadows, and framing enhances the mood of the movie, creating an atmosphere of tension and uncertainty. The juxtaposition of vibrant colors with somber tones further intensifies the visual experience, perfectly complementing the narrative’s dark and mysterious nature. Malhotra'’ contribution significantly elevates the overall quality of ‘Gumraah’, making it a visually captivating thriller. The movie’s focus on two suspects who bear an uncanny resemblance poses a unique challenge for the writers and director in maintaining the delicate balance of guilt and innocence. However, they skillfully navigate this challenge, masterfully crafting a narrative that keeps the audience guessing until the climactic revelation. For viewers who have not watched the earlier versions, ‘Gumraah’ offers a special treat as the unexpected outcome makes an unnerving impact. In addition to Kapoor’s standout performance, the supporting cast delivers commendable portrayals. Mrunal Thakur shines as Sub Inspector Shivani Mathur, a headstrong and determined cop assigned to investigate the case. Thakur embodies the role with conviction, portraying a character who refuses to back down in the face of adversity. Ronit Roy impresses as ACP Dhiren Yadava, a conniving officer with a personal vendetta against Arjun, willing to compromise his morals and ethics to ensure his incarceration. Who should watch it? ‘Gumraah’ is a gripping thriller that appeals to both those unfamiliar with the earlier versions and those who have seen the Tamil or Telugu adaptations. With Aditya Roy Kapoor’s stellar portrayal of the doppelgangers, coupled with the movie’s engaging storyline and skillful direction, it offers a riveting cinematic experience. The added dimension brought by Vineet Malhotra’s cinematography further enhances the movie’s visual appeal. If you’re in search of an enthralling whodunit with a captivating climax, ‘Gumraah’ should be at the top of your watchlist. Gumraah Rating: 3.5 stars Genre: Crime thriller Director: Vardhan Ketkar Actors: Aditya Roy Kapoor, Mrunal Thakur, Ronit Roy Rune time: 2hrs 7mins