Race
Congratulations! You won the first match.
It’s the time to start the game and smash.
You are actually the chosen one.
So don’t give up and carry on.
There are lots of races for you to win.
And lots of obstacles that are unseen.
Keep moving forward and you will be worth it.
All your wins will lead to a grand seat.
Be the winner of the most crucial race.
So that they would never forget your face.
Shakshi Ojha
Grade XI
St Xavier’s College, Maitighar
From punishment to protection: Necessity of ‘Romeo and Juliet Law’
“Romeo and Juliet laws,” also known as “close-in-age exemptions,” are legal provisions designed to protect young people from prosecution for consensual sexual relationships with peers close in age. Named after Shakespeare’s tragic lovers, these laws aim to differentiate between predatory behavior and mutual relationships, shielding young individuals from harsh legal consequences.
The objective of such laws is to de-stigmatize consensual teenage relationships and prevent young people from enduring life-altering penalties for age-related legal technicalities.
Context in Nepal
Laws setting an age of consent for sexual activity are unique in that they can render a child both a victim and an offender based solely on age. In Nepal, The National Penal Code, 2017, Section 20, states that consent may be expressed verbally, in writing, or through gestures or conduct. However, the consent of a person below 18 years is not legally recognized.
This provision was introduced to safeguard minors, acknowledging that children may lack the emotional, psychological, and social maturity to understand the consequences of sexual activity. Section 219 of the same code stipulates that if a man engages in sexual intercourse with a girl under 18, even with her consent, it is considered rape. Unfortunately, this law overlooks the protection of young boys below 18 years, leaving them vulnerable to prosecution even in consensual relationships with peers or older individuals.
For example, if a 16-year-old boy engages in consensual sexual activity with an 18-year-old girl, the boy may face charges of statutory rape while the girl does not. This creates a significant legal imbalance. Furthermore, in a society like Nepal, where early marriages and relationships are still prevalent and digital platforms have made romantic connections more accessible, such scenarios are increasingly common.
Need for a Romeo and Juliet Law
A Romeo and Juliet law is essential in Nepal to address these gaps in the legal system. Such a law would:
Protect individuals close in age: Typically, these laws apply when the age gap is two to four years, ensuring young adults or older minors are not penalized for consensual relationships with peers.
Decriminalize consensual acts: The law would safeguard teens from being labeled as offenders when engaging in consensual relationships free from coercion or exploitation.
Prevent life-altering consequences: Being branded as a sex offender can severely impact education, employment, and reputation. This law would mitigate such outcomes for consensual acts among peers.
Limitations of Romeo and Juliet Law
Despite their benefits, these laws have limitations:
Age gap restrictions: Protection is limited to relationships within a specific age gap (e.g., 2–4 years). Larger gaps may still result in statutory rape charges.
Minimum age requirements: Relationships involving individuals below a certain age (e.g., 14–16) are generally not covered.
Exclusion of non-consensual acts: These laws do not protect cases involving coercion, manipulation, or exploitation, which remain punishable under the law.
International practices
Globally, Romeo and Juliet laws have been implemented with varying scopes:
Canada: The age of consent is 16, but exemptions exist for minors aged 12–15 engaging in consensual activity with someone close in age.
United Kingdom: While no formal law exists, prosecutors often consider the context before charging minors in consensual relationships.
India: In the Vijayalakshmi vs State case, the Madras High Court recommended amendments to protect adolescents in consensual relationships under the Protection of Children from Sexual Offenses (POCSO) Act.
Call for reform in Nepal
The current legal framework in Nepal fails to distinguish between consensual relationships among peers and predatory acts. This disproportionately penalizes young boys while overlooking their rights to equality under the Constitution of Nepal. The absence of a Romeo and Juliet law exacerbates this imbalance, leaving Nepal’s youth vulnerable to severe and unjust consequences.
Drawing from international practices, it is clear that such laws strike a balance between protecting minors and acknowledging the realities of teenage relationships. Nepal must follow suit by introducing a well-crafted Romeo and Juliet law to ensure fairness, protect youth, and address the changing dynamics of relationships in today’s society.
Conclusion
In a rapidly evolving social landscape, laws must adapt to address emerging challenges. A Romeo and Juliet law in Nepal would safeguard minors from unjust penalties for consensual relationships while maintaining robust protections against exploitation. It is time for Nepal to recognize this need and ensure its legal system promotes fairness, equality, and protection for its youth.
Abinesh Adhikari
BA LLB 5th Year
Kathmandu School of Law
When sweet music cuts like a knife
Nepal is famous not only as the Himalayan Shangri-La but also as a country with distinct tangible and intangible heritages. Within a relatively small terrain, Nepali communities have preserved these heritages for centuries despite adversities.
For example, the Damai community has been preserving its musical heritage for ages—without getting the respect it deserves.
Historians believe that the word ‘Damai’ comes from the musical instrument called ‘Damaha’ (a large drum). This musical instrument is made using refined leather and molded by a copper or brass strip into an oval shape. Music is produced through this instrument by beating on its either side with a pair of sticks called gaja. The primary role of a Damai is to play Damaha and other musical instruments like the Sanai for the society on social occasions like weddings.
In many remote villages of Nepal, people from this community have been performing for the society at homes and temples for extremely low returns, for ages.
Anthropologist Carol Tingey says, “The Damais occupy a unique place within this immense cultural diversity. They are thought to be an auspicious caste in Nepal who are professional musicians while their supplementary caste occupation is tailoring.”
The cateist mentality prevalent in the society has sidelined this important role of the community, raising a wall between the ‘Dalits’ and ‘non-Dalits’ by undermining their devotion, emotion and contributions and their musical heritage.
This, despite the fact that the Damai musical heritage constitutes the very soul of the Khas culture in Nepal where Damai Baja (musical instruments) are compulsory in every cultural and religious rite or ritual of the Khas community. So much so that puja (obeisance) offered to divinities at their abodes is considered incomplete and in vain without their music.
On different sociocultural and religious occasions, the traditional musicians from this community play three different types of music—the Mangal Dhun, Ramkali Dhun and Malshree Dhun. Their music forms an inalienable part of marriage, Vratavandha (sacred thread ceremony) and other sacred rituals. In Karnali and Far-West regions, their music is essential for invoking Devata (the deities) in fairs, something that points toward the richness, beauty and importance of Damai music in our society.
Delving into their musical heritage, Panche Baja and Naumati Baja—two sets of musical instruments, comprising five and nine instruments—come to mind. Panche Baja consists of Damaha, Tyamko, Jhyali, Sanai and Dholaki whereas Naumati Baja is an ensemble of Panche Baja along with Karnaal/Narsinga and a pair of Damaha and Sanai. According to scholar Ramsaran Darnal, “Panche Baja used to be taken as a symbol of luck and fortune before the Vedic era. In Nepal’s temples, Nagara and other musical components of Panche Baja are played during puja. Due to this religious aspect, the Panche Baja is known as Dev Baja (God’s Band)”.
But the ‘caste system’ has ruined the divinity of this musical heritage, including Panche Baja and Naumati Baja, and its importance in society. Foreign scholars have done their PhD in Damaha, Panche Baja and Naumati Baja while we the Nepalis have failed to study our own musical heritage and realize its importance, thanks to this evil system.
Music is a boon for the whole of humanity, it is something that transcends religions, languages and territories. But in our society, music also signifies a particular community. For instance, we take the Dhime Baja as a heritage of the Newars, associate Dhamphu-Tunguna with the Tamangs and Damaha-Sanai with the Damais. Our ethnocentric thoughts contradict with universal values of music, making us incapable of embracing all these heritages as Nepali music and prompting coming generations to disrespect this heritage of ours. For instance, we do not see parents buying a Damaha for their children nor do we see a child playing the Sanai. Thanks to our mindset, youngsters are playing Western musical instruments like the guitar, drum set and the piano instead of native musical instruments.
Music has that healing effect: it gives humanity immense pleasure, helping it forget pain and sorrow. But for musicians from Dalit communities like Damai and Gandharva, music ends up inflicting torture to a people as it comes with a ‘tag’ and a stereotyped identity. In many villages, Damai musicians have to sit at the corner of the host’s house as the ‘tradition’ forbids them from going inside and eating with others. Even the so-called ‘high-caste’ people dance to the tune of Damai musicians, but they do not bother to show respect to the latter. All that these gifted musicians get as rewards are life-long wounds, disrespect, discrimination and disgust.
Our musical heritage particularly carries casteist flavor and vibes. The so-called non-Dalits give the tags of ‘touchable’ and ‘untouchable’ on the basis of music people play. The Damai and the Gandarva communities of our country are classed among the ‘untouchables’. The sole reason is the profession they hold—the musical instruments they play. Though the scenario has slightly changed, the casteist mentality has not changed much.
For public consumption, people say, “We all are equal; there is no discrimination at all.”
But the truth is different. News reports on caste-based discrimination and its consequences feature almost on a daily basis.
Murder, physical torture, social boycott, segregation, extortion and other forms of punishment against the Dalits are going on unchecked even in an era where an increasing number of Nepali people are getting academic degrees from prestigious universities like the Oxford and TU.
National development becomes possible with factors like cooperation, equality and social emancipation even when there’s a lack of cultural and natural resources.
Though the Constitution of Nepal has provisions against caste-based discrimination, the old, stereotyped caste system still prevails, ruining Nepal’s cultural and musical heritage, and destroying the beauty of our ethnic diversity. If we do not take caste-based discrimination seriously, this evil will fragment our society into various pieces like in Rwanda.
Truth behind opium as a medicinal plant
Since becoming attuned to the art of writing through Amitav Ghosh, I have sought to immerse myself in the ideas presented in both his fiction and non-fiction works. His writing primarily focuses on the climate crisis and its deep connections to the colonial past. In Smoke and Ashes: A Writer’s Journey Through Opium’s Hidden Histories, Ghosh explores how the opium trade helped generate immense revenues for colonizers, while intertwining with the social and cultural fabric of societies over centuries. This intricate narrative sheds light on the profound impact of opium, not only as a trade commodity but also as a symbol of exploitation and resilience.
The medicinal use of opium is documented in classical literature, including works by Homer and Virgil, dating back to around 850 BC. During the reigns of the Greeks and Romans, it was widely used as a painkiller and, paradoxically, as a poison. Ancient texts reflect its dual nature as both a remedy and a danger. The journey of opium—from its origins in Europe, where references to it appear in the Bible as early as the 11th century, to its arrival in Asia, particularly the Indian subcontinent—is a fascinating tale of cultural exchange, economic exploitation, and human suffering. In Europe, opium was commonly used to treat coughs, stomach disorders, and various other ailments, highlighting its role as a vital medicinal resource long before its notoriety as a tool of colonial profit.
Opium’s introduction to India and China coincided with the rising popularity of Chinese tea among European elites, particularly in Portugal. The importation of tea from China by European traders was paralleled by the exportation of opium to the Chinese market, despite its prohibition by the Ming dynasty. Notably, Chinese tea gained popularity in England thanks to Catherine of Braganza, the Portuguese wife of King Charles II. As part of her dowry, Catherine brought two historically significant items: a casket of tea and a set of six islands that would later become Mumbai. At the time, Portugal’s colonies included Macao, which was leased from the Ming dynasty. This transfer of goods and territories underscores the deep entanglement of trade, politics, and colonial ambitions that defined the era.
Recognizing tea’s economic value, the British East India Company worked to ensure a steady supply, not only to satisfy demand but also to sustain the revenues derived from the trade. Their ambitions extended beyond tea to include opium, which was traded with business lords in Canton. The nexus of tea and opium trade became a cornerstone of the British colonial economy. During the British Empire’s territorial expansions in North America and Europe, taxes on tea were significantly increased to offset military expenses. Simultaneously, the British forced Indian farmers and local rulers in colonized regions to intensify opium production. By 1770, the fertile paddy fields of Bengal had been converted into opium farms, plunging farmers into poverty. While the price of opium soared, the peasants who cultivated it were paid a pittance, perpetuating a cycle of exploitation and despair.
The transformation of Bengal’s agricultural landscape highlights the devastating consequences of colonial policies. The shift from subsistence farming to opium production left communities vulnerable to famine and economic instability. The human cost of this transition is a stark reminder of the sacrifices imposed on colonized populations for the sake of imperial profit. The opium trade also had far-reaching implications for global geopolitics. The British strategy of exporting opium to China in exchange for tea led to widespread addiction in China, exacerbating social and economic challenges. Despite frequent bans by the Qing dynasty in China, as well as efforts by the Siamese in Thailand and the Vietnamese emperor to curb its spread, the trade persisted. The Qing dynasty eventually signed the Treaty of Nanjing in 1842, which opened Chinese ports to opium trade, marking a significant moment in the history of colonial domination and resistance.
The Dutch also played a key role in the opium trade, supplying the substance from central and eastern Europe to Indonesia and other parts of the East Indies. Their involvement underscores the multinational nature of the opium economy, with various colonial powers competing for control over its production and distribution. Despite the economic gains reaped by European powers, the opium trade left a legacy of addiction, social disruption, and economic dependency in the regions it touched. The Treaty of Nanjing not only facilitated the continuation of the opium trade but also symbolized the broader imbalance of power between imperial nations and their colonies.
I find myself wondering how Nepal managed to isolate itself from the global opium trade, which was so lucrative and pervasive among neighboring nations. The hippie culture that thrived in Nepal during the 1960s suggests that European travelers were drawn to the region for its marijuana and other substances. Yet, Nepal’s historical involvement in the opium trade remains unclear, raising questions about its role—or lack thereof—in this global narrative. Could it be that Nepal’s geographical and political isolation shielded it from the pressures of the opium economy? Or was there a deliberate effort by Nepalese rulers to distance the country from this exploitative trade?
Exploring Nepal’s position in the context of the opium trade reveals intriguing possibilities. While neighboring India and China were deeply entangled in the production and consumption of opium, Nepal’s mountainous terrain and relatively insular governance may have played a role in limiting its involvement. Additionally, Nepal’s historical focus on self-sufficiency and its unique socio-political structures could have contributed to its divergence from the dominant trade patterns of the time. The cultural and economic impacts of the hippie era in the 20th century suggest that Nepal has long been a site of cultural exchange, albeit on terms that differ significantly from those imposed during the colonial era.
The opium trade, as explored by Amitav Ghosh and other scholars, serves as a powerful lens through which to examine the intersections of history, economics, and human resilience. By unearthing the hidden histories of opium, we gain a deeper understanding of the forces that shaped the modern world. From the lush fields of Bengal to the bustling ports of Canton, the story of opium is one of ambition, exploitation, and resistance. Nepal’s relative absence from this narrative invites further exploration, offering a unique perspective on the ways in which nations navigate the pressures of global trade and colonial ambition.
