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Deepawali, which literally means ‘the row of lamps’ is celebrated as the festival of lights in the month of October or November (Asoj or Kartik), about a fortnight after Dashain. This festival is also called Tihar, which lasts for five consecutive days and is observed in honor of Laxmi, the goddess of wealth and good luck. It is the most friendly festival observed throughout Nepal and also India. Laxmi, the goddess of prosperity and good fortune is invited into every home. People enjoy five days of feasting and family gatherings. It also heralds the advent of autumn in Nepal. Natural scenery is very pleasant during this time of the year. 

The aroma of Deepawali pervades the atmosphere several days before the actual festival begins. During Deepawali, traditional lamps are lit with twisted cotton wicks (Batti) saturated with pure ghee or mustard oil in a small earthen bowl called Diya. So it is also called Diyabati. It is usually solemnized in the last week of October or the first week of November on the occasion of Amabasya or Aunsi (full dark night of Kartik) according to the Nepali lunar calendar. In this period, the sky is starry but the moon is missing in the milky sky throughout the whole night. A gentle, genial and warm weather continues and purifies the mind of the Nepali people during this festival. This festivity reflects true rejoicing and jubilation of the masses.

Laxmi Puja is observed on the auspicious occasion of Deepawali. This is the third day of Tihar when the sacred cow is worshiped with great honor. Hindus worship and regard the cow as their holy mother. So people worship the cow in the morning with garlands of flowers and apply red tika on her forehead. Thus the Hindus pay their tribute to the mother cow. The ceremony is solemnized with reverence in the morning hour of Deepawali. This tradition was initiated by the people of Ayodhya  to express their boundless joy when Lord Rama returned after 14 years’ exile. This is illustrated in the Ramayan.

A few days before Tihar, preparations are in full swing for cleaning and whitewashing to add a new look to houses and buildings. During this festival, houses, shops, offices, factories and mills are brightly decorated with lights. They are also illuminated with electric bulbs and traditional lamps. It is a time of lights and decorations. This type of illumination is done for five consecutive days, beginning from the first day of Tihar. But special light arrangements are done on the day of Laxmi Puja. Oil-fed traditional lamps light courtyards, doorways, roof-tops, verandahs and windows. All streets and roads are full of flags and beautiful banners. People stroll around in new clothes and buy sweets and gifts. 

After the illumination in the evening, the main part of Laxmi Puja is performed at night. An illuminated and well-decorated house is believed to draw the goddess of prosperity. This also makes for easy entrance of Laxmi to every house. It is believed that the goddess of wealth is ritually invited to enter the house and offer blessing to its occupants. For this purpose, a ritualistic drawing is made of purified cow-dung plaster to guide Laxmi through the main door. From the drawing, a trail of plaster of rice and red vermillion leads into the house and the room where Laxmi is worshiped with utmost devotion and dedication. 

A beautifully decorated image of Goddess Laxmi is placed before the family treasure box or safe, which contains hard cash, jewels and jewelleries, valuable documents, ornaments and cheque books. Prayers are offered, believing that the fortunes will grow.

Throughout the whole night the earthen lamps filled with ghee or pure mustard oil, are kept burning at the place where the goddess of wealth is worshiped. To please this prosperous and generous goddess of good luck all the doors and windows of the house are decorated attractively. Nobody wants to miss this golden opportunity. Thus there is competition in the worship of the wealth goddess. Everybody tries his best to welcome and please the goddess of prosperity. She loves lights and sacred cowrie shells. Children love to play with fireworks during Tihar, especially during Laxmi Puja. However, as free crackers could be dangerous and harmful, they are banned in Nepal these days.

It is understood that being the wife of Lord Vishnu, Laxmi is the paragon of beauty, who sprang from the fathom of the sea when Gods and the Demons churned the sea together. There was a tug-of-war between Gods and Demons. At last, Lord Vishnu chose her as his life partner. She wears a crown of jewels and garlands of scented flowers. Her arms are bedecked with heavenly gems. She is herself considered a valuable treasure of the ocean. She holds a conch shell in one hand, blossomed lotus in the other, a sheaf of rice in the third one and a jar full of nectar in her fourth hand. She loves to rest on a fully-blown lotus with her husband Vishnu under the shadow (hood) of Sheshnag (mythological snake).

The Nepalis worship this benevolent goddess and offer gifts and sweets to please her. She is believed to travel around the earth on an owl, her vehicle, making house-to-house inspection to see whether it is clean or not. Being a lover of light, she also observes whether a light is left burning throughout the whole night in her honor or not. She thus visits every house. If pleased, she protects all the valuable things and grain-stores of each family and grants prosperity for the coming year. For this purpose, every house is decorated with red powder, flowers and festoons. She likes to visit only those houses, which are fully prepared and artistically decorated. 

All monetary transactions are forbidden on this auspicious occasion. The only exception is the giving of small coins and food (Selroti) to small groups of Bhailo singers. Groups of singers go door to door singing and dancing and asking for money. This is a time-honored tradition. Girls are supposed to ask for money on this solemn occasion. Boys’ turn comes the next day, which is called Deusi. 

Deepawali is also considered auspicious for gambling. Before 1940, gambling was legal in Nepal during the five days of Tihar. Nowadays, it is banned in public according to the law but people still gamble in their houses. Happy gamblers assemble at certain houses; sit on carpets shouting their bets, throwing the cowrie shells. In the ancient days, cowrie shells were considered a medium of exchange. It is believed that Laxmi loves gambling. 

The final day of Tihar is spent in friendly family gambling. 

Before 1940, during the five days of Tihar troupes of musicians used to go around the town announcing that games were now open to all. Gambling seems to receive semi religious sanction during Tihar in the belief that it is pleasing to Goddess Laxmi.

Newars of the Kathmandu valley perform Mha Puja on the first day of the bright lunar fortnight of Kartik. It is the worship of one’s body or self. It is believed that the human body is divine and the heavenly spirit dwells in it. The Puja is performed for purifying the heart and the soul for the coming New Year. The day also honors Yama, the lord of death. 

On the last day of Tihar called Bhai Tika, sisters worship their brothers, who bestow blessings and benediction upon their sisters for a long and prosperous conjugal life. Sisters also pray to God for their brothers' long life and wish them success in all walks of life. 

Dr Nihar R Nayak is a Research Fellow with Manohar Parrikar Institute for Defence Studies and Analyses (MP-IDSA), New Delhi. His areas of expertise include political transitions in the eastern Himalayan region, non-traditional security, soft power diplomacy, left-wing extremism, and cooperative security in South Asia. Dr Nayak closely follows Nepal-India relations. Kamal Dev Bhattarai recently talked to Dr Nayak to gain insights into the current state of bilateral relations. Excerpts:

How do you assess the current state of Nepal-India relations?

Comparing it to the period of 2015-2016, there has been significant improvement in bilateral relations. Misunderstandings have substantially decreased, and bilateral mechanisms are functioning on schedule. Regular high-level political visits indicate that the bilateral relationship is in good shape. There has been good progress in energy cooperation with India addressing some concerns. While the overall relationship is in good shape, it remains complex, with certain pending issues yet to be addressed.

What are the pending issues that you are referring to?

The Nepali side has long been urging the update of the 1950 Peace and Friendship Treaty which is a major issue. Another issue is the submission of the EPG report, and border demarcation and map issues are also unresolved. The Boundary Working Group is yet to submit its report despite holding some meetings. The map row is yet to be resolved. A mechanism led by foreign secretaries was set up in 2014 to resolve border issues. But no dialogue has been taken so far under this format. There also are other issues such as air routes and trade and transit matters.

How do you view Prime Minister Pushpa Kamal Dahal’s relationship with New Delhi?

The current coalition aligns with India’s interests in the Himalayan region. India's experience with the previous government was not very comfortable as there were many misunderstandings with the CPN-UML-led government in Kathmandu. A non-controversial and friendly government in Kathmandu, like the current Maoist and NC coalition, somehow suits India's interests at this moment.

As a scholar, how do you see Dahal’s relationship with Beijing?

Regardless of who is the prime minister, Nepal must maintain a balanced relationship with Beijing and New Delhi. The foreign policy from King Mahendra's era in the 1960s is still continuing in Nepal. I do not see any deviation in that policy. India will engage with whoever comes to Baluwatar. Undertaking a bilateral visit to neighboring countries is a very regular issue. While analyzing the recent visit, I do not think it was a successful visit in terms of substance. Diplomatically, there was no major success though he spent seven days in China.  Although the two sides had 13 agreements, there were no major agreements during the visits. There were no promises on BRI, no agreement on power trade, and no major understanding on infrastructure development. This suggests that Dahal is not very close to Beijing.

American assistance and engagement with Nepal has increased lately. How do you see it?

American policy in the Himalayan region seems somewhat at odds with building a strong partnership between India and the US. For example, the US has increased its annual aid to civil society in Nepal. Interestingly, the same civil society is critical of India's engagement with Kathmandu. This means, indirectly, the US funds are being utilized against India. I believe that American interests to some extent do not synchronize what India is trying to do in the region. I see there is a communication gap between the US and New Delhi in this matter.  

The 6.4 magnitude earthquake that struck Jajarkot and Rukum West last Friday has left behind a trail of death and devastation. Around 160 people have died (more than half of the dead are children), hundreds have suffered injuries, lakhs have become shelterless and lost the means of livelihood. 

In the immediate aftermath of the quake, the United Nations said in its report that around 1.3m people have been exposed to the quake, and about 0.25m may need humanitarian assistance within 72 hours of the disaster.  

After announcing the completion of search and rescue operations, the government is ‘focusing’ on the distribution of relief materials. 

But media reports from the ground are not that encouraging. This daily and a number of other media outlets have pointed out that the government has largely failed to provide for the needy in times of a crisis. 

With their possessions under the rubble, the survivors are in need of food, shelter, warm clothing and medicine. But even the tarps have become a luxury for most of the people, forcing them to live in the open without food and warm clothing in freezing temperatures. 

A report published in this daily, for example, quotes relevant officials as saying that one has to be a house-owner to get a tarp from the government. Another ApEx report states that the representatives of organizations involved in relief distribution are not bothering to visit the backwaters for relief distribution. 

What does it all mean? That the lives of those living on rent or on temporary shelters like sheds do not count? That the people hailing from remote corners are expendable? 

In the aftermath of the disaster, a series of chopper-borne high-profile visits to the affected areas have taken place like on previous such occasions, with promises of all possible help to the survivors. 

Promises aside, relief materials like food, drinking water, shelter and basic medicine are really hard to come by for most of the survivors, leave alone specialized care for the traumatized ones, including children. 

The quake and several jolts aside, the survivors have also been grappling with a cumbersome governance system that has largely failed to provide for the people in dire need. Leave alone the disasters from a distant past, government authorities do not seem to have learnt lessons even from the 2015 Gorkha earthquake that killed around 10000 people, rendered lakhs homeless and destroyed infrastructure worth billions of rupees even as a dilapidated Singhadurbar looked on. 

The government should get its acts together and rush relief to the needy, in close coordination with political parties across the aisle, defense-security agencies, donor agencies, civil society and the public to save lives.     

There is no evidence to support that rigorous jail sentences reduce the number of hardcore criminals or violent acts perpetrated in a society. Correspondingly, there is no research which suggests that the convicts given a premature release through pardon have reformed themselves and rehabilitated in society.

When you read news stories that reveal that pardoned persons got arrested in connection with a crime, then you start believing that convicts cannot change. If convicts cannot change, then we are fooling ourselves by setting them free to walk under open sky.  

Recently, Lok Bahadur BK, one of the 670 convicts, who walked free on the basis of a presidential pardon granted on the Constitution Day (Sept 19) on the government’s recommendations for “exhibiting good conduct”, was again arrested for allegedly murdering Bhawana BK of Rukum district. Murder convict Yograj Dhakal Regal, doing a 20-year term, also got freed for a brief period, only to be arrested after a Supreme Court order.  

Pardoning hardcore criminals is nothing new in Nepal. Former lawmaker and Maoist leader Balkrishna Dhungel, awarded life term in 2004 for masterminding the murder of Ujjan Kumar Shrestha of Okhaldhunga during the Maoist insurgency in 1998 along with the confiscation of his property, had received a pardon in 2018 along with around 800 convicts. But the Supreme Court had issued an order against the government vis-a-vis the pardon granted to Dhungel.

Legal recognition

Article 276 of the Constitution of Nepal 2015 provides that the President of Nepal “may grant pardons to persons convicted, and suspend, commute, or reduce any sentence imposed by any court, judicial or quasi-judicial bodies or administrative officer or authority.” But this provision is not absolute in nature, as the prevailing criminal law of the land has put certain restrictions on the exercise of this power. 

Section 159(4) of the National Criminal Procedure Code, 2017 prohibits pardoning of people convicted of corruption charges; rape; genocide; human trafficking; money laundering; abduction or enforced-disappearance; (possession of) explosives; murder in a cruel and inhumane way; and narcotic drugs trafficking or transaction punishable by a sentence of imprisonment for a term exceeding three years.

The pardoning could help the convict walk free before the completion of the sentence so inflicted, but it does not necessarily mean they are innocent. In other words, pardoning could ensure a premature release but cannot eliminate the stigma or guilt.

Global precedent

The constitutional power to pardon is not a unique concept in Nepal. It was derived from the Royal Prerogative of Mercy. This power is delegated to the Lord Chancellor in England whereas in the United States (US), it’s secured under the constitutional scheme.

Article II, Section 2 of the US Constitution envisages that the President “shall have the Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

The Constitution of India also recognizes presidential power of pardoning under Article 72, which confers on the head of the state the power to grant pardons, reprieve, respite, and commute or reduce the sentence of any person convicted of any offense.

Unlike in the US, the president of India or Nepal does not act in person but on the aid and advice of the Council of Ministers headed by the Prime Minister.

Is it an absolute power?  

The Supreme Court of Nepal on November 2 in the case of Bharati Sherpa v the Office of the President, Kathmandu and Others observed that the remission, respite, reprieve, remission or commutation of the sentence should be based on public interest, prevailing laws and the rulings of the Supreme Court.

The presidential clemency for the sake of political adjustment or political bargaining shall amount to violation of the constitution and established legal norms, the Supreme Court of Nepal held in the case of Resham Lal Chaudhary and Others v Government of Nepal (2023). 

The author holds a degree in Constitutional Law

This is part 1 of a two-part series