Mind Matters | Body image issues

I’m a 17-year-old student who is frequently body shamed because of my weight. Everyone makes fun of me, be it in school or at home. I struggle with low self-esteem, an eating disorder, and a negative body image. What should I do?—IW Answered by Tashi Gurung, counseling psychologist, Happy Minds Body shaming can be difficult and heartbreaking. But you must remember that it’s not your fault. Everyone has a certain body type and you shouldn’t be ashamed of how you are built. The problem lies in those who have made fun of you. So don’t let other peoples’ opinions define you and who you are. You are worthy regardless of what you weigh.  Our society’s beauty standards are one of the many things that promote and fuel body shaming. Many people face it. But our society’s beauty standard is toxic, and you don’t have to change a single thing about yourself to fit in. Like I said before, you aren’t the problem. You never were.  It’s important to take care of your health, both physically and mentally. This means making healthy choices about what you eat and how you exercise, as well as finding ways to reduce stress. For some, investing time in their hobbies, listening to music, and hanging out with people who support and understand them are some of the ways of reducing stress. You need to find something like that for yourself too. Remember to be kind to yourself, and don’t compare yourself to others. I understand that even when you try to stay positive about your body image, peoples’ opinions might bring you down. So addressing that is important. It can be difficult but having a conversation with your relatives and friends about body shaming and how it affects you is one way to start. You can be direct, provide examples, stay calm, and seek support if needed. Remember, you deserve to be treated with respect and kindness, and it’s important to set boundaries with those who don’t understand or refuse to change their behavior. You can also use the butterfly hug method as a way of checking in with yourself and your emotions. It simply means to hug yourself. When you are feeling stressed, anxious, or down, you can use the butterfly hug to ground yourself and reconnect with your body. It can help you to feel more present and in tune with your emotions.  Another way to cope with body shaming is to surround yourself with positive influences. This can include friends and family members who support and accept you for who you are, as well as online communities of people with experiences similar to yours. Additionally, practicing self-care and self-compassion can be helpful in building a positive body image. Coping with body shaming and an eating disorder can be challenging, and if necessary, you need to seek some professional help. They can provide proper guidelines for dealing with your eating disorder and improving your self-esteem. Know that healing from body shaming and an eating disorder is a gradual process. It takes time but, with the right support, it’s possible. 

Digital rights: Agenda for change

Nepal recently elected a new House of Representatives and a government through a general election. The previous parliament was unable to accomplish much in terms of policy making, with several sessions ending without passing any bill. Previous governments were preoccupied with dissolving the parliament or securing a vote of confidence, making policymaking a low priority. As a result, the law and policy making process was hindered, leading to several digital rights initiatives being neglected. The newly-installed coalition government faces its own set of challenges. Early indications are not promising, as much of its energy appears to be channelized on keeping the coalition intact. To regain the trust of the public, media, and civil society, who are closely monitoring its performance, it is crucial for the government to redirect its focus and priorities. Failure to prioritize policy making will not only hinder the development of the ICT sector and compromise digital security, but also negatively impact the digital rights of citizens. This write-up aims to highlight the significant issues regarding digital rights and security in Nepal, and to encourage the legislative and government bodies to prioritize these issues to safeguard, enhance, and fortify the digital rights and security of its citizens. IT bill In Nepal, the Electronic Transaction Act 2063 (ETA 2063) is the only existing law to regulate and monitor cyberspace. The act has been amended once, solely to address online gender-based violence. Despite various issues and shortcomings in the ETA 2063, no timely update has been made to keep up with advancements in the digital world. Additionally, stakeholders such as the Federation of Nepali Journalists and other civil society organizations have reported that authorities have misused provisions of the act to restrict the freedom of expression. A case challenging the legality of Section 47 of the act is pending at the Supreme Court. The prior administration created the Information Technology Bill 2075 to regulate the IT sector, replacing ETA 2063. The bill was presented to the lower house of Parliament in Falgun 2075 and has been scrutinized by stakeholders, who have called for the removal of overly strict and unclear provisions that could limit freedom of speech. It's crucial for the government to hasten the introduction of this bill through an open and transparent consultation with stakeholders. Comprehensive data protection law The Constitution of Nepal guarantees the Right to Privacy as a fundamental right under Article 28. To further reinforce this right, Nepal passed the Individual Right to Privacy Act in 2075. However, the Act lacks comprehensive coverage of all data protection aspects. With the growing use of the internet and increase in datafication, the government has been collecting a large amount of citizens' data, including personal information and biometric data, for purposes such as national ID cards, voter cards, smart driving licenses, passports, etc. The government must safeguard these data from potential attacks and misuse. Currently, Nepali laws do not clearly define the government's responsibility for managing and storing this information. A comprehensive data protection law must also specify the obligations of private entities. In recent data breaches at private companies, there has been no accountability, and the questions of due diligence, security assessments, and potential neglect have gone unaddressed. The new law must address these issues. Furthermore, as Nepal seeks to draw foreign investment through liberal foreign investment policies and a conducive investment atmosphere, having a robust set of data protection laws and regulations is essential. Thus, the new legislative body and the government must make the adoption of a comprehensive data protection law a top priority. Regulatory policy Nepal lacks a comprehensive data governance policy. The Constitution (Schedule 8) designates the local government with the responsibility of managing data and records. As part of delivering public services, each local government collects and maintains citizens' data. State and federal governments also collect and manage data in accordance with Schedules 5 and 6 of the Constitution. For efficient operations, the three levels of government must coordinate with each other and share data among them. However, there is currently no policy or law in place to facilitate data sharing between different governments. Agencies within the same tier even struggle to access data maintained by other agencies. The Statistics Act 2079 has recently been implemented in Nepal with the aim of updating and integrating laws on statistics to enhance policymaking, policy implementation, resource management, and service delivery at the federal, provincial, and local levels. The act aims to make data production, processing, storage, publication, and distribution more reliable, systematic, and timely. Despite this, the act contains unclear provisions that regulations are supposed to clarify. Even five months after materialization of the act, necessary regulations pertaining to the act are yet to be introduced. To address this problem, the government needs to promptly adopt a data management policy to establish a uniform process for data sharing within government departments or between different tiers of government. Cybersecurity in focus Cybersecurity is now a crucial aspect of national security policy, but Nepal has yet to fully recognize its significance. The recent increase in cyberattacks on the country's digital infrastructure highlights the need for a strong cybersecurity policy. The Ministry of Communication and Information Technology drafted a National Cybersecurity Policy in 2021, but it failed to address human rights and rights-based approaches. The government must restart the process, involve stakeholders, address any shortcomings, finalize the draft, and implement it. Moreover, the United Nations Office of Counter-Terrorism (UNOCT) has established a cybersecurity program aimed at improving the capacities of member-states and private organizations to prevent cyberattacks. The Council of Europe is providing support to countries globally to strengthen their criminal justice capacities in addressing cybercrime and electronic evidence through the Budapest Convention on Cybercrime. Given the rising threats of cybercrime, cyberattacks on crucial infrastructure, and interception of data in cyberspace, Nepal requires prompt international collaboration to address these challenges. E-commerce legislation In Nepal, there are thousands of registered commercial websites and the e-commerce sector is growing, albeit in an unstructured manner. The use of social media platforms, such as Facebook and Twitter, for business promotion and advertising has also increased. However, there are no specific laws or policies in place to regulate these services. This has led to complaints from customers about receiving damaged products, being charged different prices, and a lack of return and refund policies. To protect consumers, the government needs to regulate these services and establish a regulatory mechanism. In 2019, Nepal proposed an e-commerce bill that came under fire as it was formulated without proper public consultations and lacked a rights-based approach. Without proper regulation, this potentially huge sector may not be able to live up to its full potential; in fact it could even decline. It's imperative for the new government to prioritize the regulation of e-commerce. National ID card The Nepali government has introduced a National ID Card as part of plans for a "Digital Nepal" and improved e-governance. The ID card contains personal information and biometric data, which is supposed to be kept confidential according to the National ID Card and Registration Act. However, the implementation of the card system has faced challenges like privacy and security concerns, digital inequality, and a lack of transparency. The government has yet to provide adequate security measures to protect citizens' information and prevent misuse. Additionally, there is a risk of further digital exclusion for marginalized and vulnerable populations if digital initiatives are not implemented with consideration for those lacking access to the internet. The government must implement adequate security measures to prevent the misuse of citizens' information. Additionally, if digital initiatives are implemented without consideration for a large population, which lacks access to the internet, it could deepen the digital divide further, exacerbating the marginalization of vulnerable citizens. E-governance The integration of ICTs in public service delivery has ushered in a new era of e-governance. The government has placed high priority on e-governance and has drafted a master plan with the aim of improving governance and socioeconomic development through the implementation of effective, efficient, and productive e-government services. The government has rolled out several ICT-based services and initiatives, such as the Nagarik App and the National Identity Card system. However, a legal framework to regulate e-governance in the country is lacking. Recognizing this, the new government should consider adopting e-governance law as a top priority. The Digital Nepal Framework was introduced in 2076 by the government as a blueprint for contributing to economic growth and addressing major challenges  through digital initiatives. The lack of universal internet access and relevant policies have hindered the implementation of this important move toward a digital future. The government must focus on improving information and communication technologies, internet quality, and digital literacy for effective implementation. The project also needs more stakeholder feedback and consultation. Monitoring social media titans According to a report from the Nepal Telecommunications Authority, there are 27.76 million individuals in Nepal with internet access. Also, there were 13.70 million social media users in January 2022 as reported by Reportal. The growth in social media users has resulted in an increased influence of social media on almost every sector of the country, including politics, such as elections. However, this growth has also led to a rise in cybercrimes, including social media-based offenses, and the spread of misinformation and disinformation. Thus, it is imperative that regulations are introduced and enforced to address the activities of social media companies. Nepal has yet to establish regulations or guidelines for monitoring the behavior and activities of large social media companies such as Facebook, Twitter, and Instagram, which have millions of Nepali users. The IT Bill contained provisions to regulate social media, but these provisions lacked clarity and did not impose clear responsibilities on social media platforms to protect the rights of citizens. The previous government also created a ‘Social Media Management Directive’ to regulate the use and registration of social media in Nepal, but this draft faced criticism from several stakeholders. They argued that if implemented, it would grant the government immense power to request user data from these companies without a court order. In order to address the current challenges surrounding social media, the government needs to establish a comprehensive policy that outlines the responsibilities of these platforms. This policy should address key issues such as data protection, user accountability, and the obligation to respect human rights. This includes matters such as storage and processing of personal data, and requirements for transparency and cross-border data transfers. The challenges in prioritizing digital initiatives and digital rights in Nepal require immediate attention from the government and the parliament. A transparent policymaking process that involves experts, stakeholders, and civil society must be adopted to drive development, uphold citizens' rights, and foster a sense of ownership. Policies must be formulated with a comprehensive understanding of the issues, considering the views of all relevant parties and ensuring equity and inclusiveness. Without proper policy understanding and implementation, digital initiatives may not have the intended impact on the nation and its people. It is crucial for the government and the parliament to prioritize this issue and take swift action to make sure that digital initiatives are inclusive and beneficial for all members of society.  The author is Chairperson at Digital Rights Nepal 

Dahal’s three strategies to hold on to power

The presidential election, slated for March 9, has emerged as a major bone of contention between Prime Minister Pushpa Kamal Dahal and his primary coalition partner KP Sharma Oli of CPN-UML. Dahal is having cold feet about supporting UML’s presidential nominee calling for a “national consensus candidate”, much to Oli’s chagrin. UML has already secured the House speakership with the Maoist’s support, and Dahal has promised to hand over the premiership to Oli after 2.5 years. The prime minister is not keen about voting for UML’s presidential pick, which could give Oli considerable political latitude. Maoist leaders say Prime Minister Dahal wants a presidential candidate based on consensus and yet does not want to break the coalition by crossing Oli. As the health of the coalition continues to deteriorate over power sharing tug-of-war, Prime Minister Dahal is reportedly considering three strategies. First is honoring the gentleman’s understanding between him and Oli, and supporting UML’s presidential candidate but with some preconditions. Among the preconditions will be settling the transitional justice process following the spirit of the Comprehensive Peace Agreement, according to some Maoist leaders. Dahal does not want Oli to use transitional justice as a political bargaining chip. Another of Dahal’s fears of having a UML candidate as president is that Oli might conspire to topple the government and push the country toward parliament dissolution. Some Maoist leaders say Dahal is already feeling ganged up on by the UML and other parties in the coalition close to the UML, namely Rastriya Swatantra Party and Rastriya Prajatantra Party. Dahal is currently under pressure to reappoint RSP leader Rabi Lamichhane who recently resigned as Home Minister over citizenship controversy. The issue of Lamichhane’s reappointment has further widened the rift between Dahal and Oli. It is said Dahal wants to replace RSP and RPP with CPN (Unified Socialist) and other fringe parties that remain outside the government despite supporting it. By doing so, the prime minister hopes to reduce UML’s influence in his government. According to one Maoists leader, the onus of creating an environment of trust lies on Oli. If that happens, he said, Prime Minister Dahal might agree to support UML’s presidential candidate who is not Oli's loyalist. Maoist leader Devendra Poudel is of the view that there should be a consensus among major parties including Nepali Congress on the presidential candidate.  He added such an agreement would also ensure cordial ties with the international community. It is said Prime Minister Dahal wants to bring NC on board the consensus boat for the presidential election also to appease India, the US and rest of the Western world — and to shed the “pro-China” label. Dahal’s other strategy is breaking the current coalition and forming a new one with the NC. In this scenario, the Maoist party will support NC’s presidential candidate. It will also pave the way for the Unified Socialist, Nepal Samajbadi Party, and other fringe parties to join the government. If that happens, Dahal could bargain for a full-five-year term as prime minister with the NC, which the latter is likely to agree to. As this paper has previously written, Dahal is seeking NC’s assurance to forge a long-term alliance and to conclude the transitional justice process. The third strategy is to seek support of the major parties to back Madhav Kumar Nepal of Unified Socialist as the next president. If the UML is genuinely committed to the prospects of forming a broad leftist alliance, it should not object to Nepal's candidacy. This could also be an acceptable option for the NC, says a Maoist leader, as well as address the concerns of external powers. Prime Minister Dahal is reportedly discussing these three alternatives with his close aides. Meanwhile, the UML is getting increasingly suspicious of Dahal’s intention. The prime minister’s position on the Home Ministry portfolio and his reluctance to form a political mechanism to guide the government has already miffed Oli and his party. Oli has been meeting Dahal on a daily basis in order to keep the coalition intact. The Maoist prime minister, who got the trust votes from the NC and other parties, is confident of his survival even without the UML.  

Musing over a murderer

Recently, I’ve been spooked. And that’s because I’ve been thinking about the notorious serial killer Charles Sobhraj who was recently released from Nepal jail. It’s probably because I watched the British crime drama ‘The Serpent’, an eight-part limited series produced by BBC One and Netflix. I find watching something makes it stick in my head, rather than reading about it, which is why Sobhraj dominates my thoughts. I’m intrigued and appalled by this man who was, no doubt, a genius but used his brilliance in such a horrifying way. Apparently, Sobhraj was good at manipulating people and circumstances from a very young age. Born to an Indian father and Vietnamese mother who were never married, he created multiple identities for himself and used his romantic partners in his criminal acts. His first wife, Chantal Compagnon, traveled to Asia and together the couple conned many people. After a while, they decided to give up crime altogether but Sobhraj quickly went back to his ways. In 1973, he was arrested after an unsuccessful armed robbery and kept in Tihar jail. He faked being ill and reached the hospital from where Chantal helped him escape. Sobhraj, by his own admittance, was a charming man.  He is believed to have said, “As long as I can talk to people, I can manipulate them.” A person, who celebrated a life of criminal adventure, was also known as a man with great self-control among his friends. One of his many partners became so intoxicated in love that all she wanted was to live and die with him. She says, “I tried to make him love me but little by little I became his slave.” According to the series, Sobhraj was quick on his feet and could navigate himself out of tight situations with ease. He also had a knack for making friends and gaining loyal followers in no time. Also known as ‘The Bikini Killer’, Sobhraj is believed to have murdered at least 20 tourists in South and Southeast Asia, including 14 in Thailand. While evading the police, Sobhraj financed his lifestyle by posing as a gem salesman or drug dealer to impress and befriend unsuspecting tourists, whom he then defrauded. He was eventually caught and jailed in India. After 10 years in prison, he threw a big party for the inmates and guards where he drugged them with sleeping pills and walked out. He was captured again but he had to be freed because by then most evidence and witnesses had disappeared. The Indian authorities let him return to France. Sobhraj came to Nepal in 2003. Here, he was arrested by a team of Nepal Police-led by DSP Ganesh KC, from a casino in Kathmandu and slapped with a life sentence for the murder. KC has now retired after being promoted to the rank of Deputy Inspector General (DIG) of Nepal Police. In Nepal too, Sobhraj pulled all the tricks he could. He got ‘married’ to Nihita Biswas, who was four decades younger than him, in a bid to get out of jail quickly. She was his translator, besides being the daughter of his lawyer. Sobhraj was released from prison and deported to France in Dec 2022. The Supreme Court of Nepal ordered his release from prison on the basis of his age, health, and good behavior. I can’t help but wonder what his next move will be now that he is out. Is he filled with regret or has he been able to justify it all in his head? If sources are to be believed, he claims he was destined to do whatever he has done. So maybe he is just plotting his next move. The thought of it makes a chill run down my spine.