The confusion around corporal punishment
The Children’s Act 2018 is unique: it has made Nepal the first South Asian country to criminalize corporal punishment against children. Section 66 (d) of the Act criminalizes physical and mental torture or degrading treatment of children at home, at school or at any other place. The Act lists 18 acts as ‘violence’ and 11 acts as ‘sexual offense’ against children. Those guilty of the aforementioned crimes will be slapped with a fine not exceeding Rs. 50,000 and jail-time of up to a year.
Anybody can lodge a complaint against guardians, teachers, parents or persons committing or planning violence or a sex offense against children. “After a complaint is lodged, the related authority conducts an investigation. Depending on the result of the investigation, a case can be filed in the children court of the respective District Court,” explains Rewat Prasad Kharel, an advocate and professor of anthropology. “As per court orders, the victim can then be compensated and the guilty party penalized.”
Corporal punishment is still thought of as an effective way of enforcing discipline in many families and even in teaching circles of Nepal. “A majority of the parents who use or support corporal punishment think of it as a trivial matter whereby they do no more than show their discontent or disapproval,” says Bijaya Bijukachhe, a psychologist and psychotherapist. “But for the children it goes much deeper.”
She says many parents use corporal punishment as they were themselves at the receiving end of it during their childhood. “But one has to keep in mind that children are unaware of this and may interpret corporal punishment as stemming from a lack of love.”
Bringing them in line
Still, the notion that fear of physical or mental punishment can help guide the children on the right path is ingrained in the minds of many parents and teachers. “You have to punish your child,” says Parbati Thapa, 25, who grew up in a family where corporal punishment was the norm. “I do not condone anything extreme but a slap here and there is necessary. What else can you do with an undisciplined child?”
Bijukachhe answers Thapa’s question by suggesting alternative forms of punishment. “You can discipline a child without harming him or her physically or emotionally. Alternative forms of punishment include time-outs and taking away privileges. Let them know about the punishment beforehand so that they are aware of the consequences.”
Make rules and make sure they are followed, Bijukachhe adds. For instance, if you child has homework to do and wants to play instead, do not let him or her play without completing the homework. Instead of causing pain for breaching rules, direct them to follow the rules. “But most importantly,” she stresses, “know that every child is different and reacts differently to each kind of punishment.”
But many parents are still unconvinced. “They say spanking is bad but what do I do if all else fails? Their behavior at times compels you to raise a hand and it usually works,” says Kumari Gurung, 37, a mother of a teenage boy.
Interestingly, to justify capital punishment, Pooja (who declined to give her last name), a primary school teacher in Janakpur, cites Chanakya Neeti. “It is said that children under the age of five need love and endearment, for the next five years they need discipline and control and, finally, for the five years following that, they need a mixture of both.” Seen this way, enforcement of discipline is essential to building a child’s character, she adds.
A law curbing corporal punishment where slaps and spanks have been an integral part of raising children was bound to be contentious
Lasting effects
Yet things are not so straightforward. According to researchers at the University of Toronto, children in schools that use corporal punishment perform significantly worse in tasks involving “executive functioning”—psychological processes such as planning, abstract thinking, and delaying gratification—compared to those studying in schools relying on milder disciplinary measures such as time-outs. Those who get corporal punishment when they are children may also develop mental health issues later.
Psychologist Bijukachhe says children tend to hold on to the bitter experiences, which may find release later in their lives. Problems like aggressive parenting, low self-esteem, anxiety disorder, and personality disorders are all associated with physical abuse during childhood. “I have adult clients who have what you may consider successful careers. But with a history of physically and mentally degrading treatment in their childhood, they also have many emotional problems,” she adds.
Again, the introduction of a law curbing corporal punishment in a society where slaps and spanks have traditionally been an integral part of raising children was bound to be contentious. “We have copied a law that was being applied in the western society. But do we have the kind of monitoring system they have? And has there been enough homework to ensure that the society will accept it?” Bijukachhe asks.
In the opinion of Lal Babu Karn, an assistant professor at TU who has taught at various schools and colleges for over 25 years, “What you need is awareness among primary stakeholders, i.e., the children, guardians and teachers, and a mechanism to implement corporal punishment.”
Karn welcomes the new law but he also thinks more awareness is needed for its effective implementation. “You first have to publicize the penalties. Then you promote alternate forms of punishments and even positive reinforcements in dealing with kids.”
Given the manifest lack of interest seen in pushing such progressive policies among our bureaucrats and elected officials, Kharel, the advocate, isn’t optimistic about the new law either. “It may well end up being another bit of fancy legislation enacted just to please our donors and international friends,” he says.
Meet the karate queen of Nepal
Sheshuka Rai made her mark as one of the youngest Karatekas in the country. She holds the rank of 3rd dan in Karate and is currently awaiting results for 4th dan. She had shot to fame in 2016 after winning the ‘Sports Icon Nepal’ award. In the same event, she also won the title of ‘The most confident personality’. Sheshuka, who has already won accolades in various national and international tournaments, also dabbles in modelling. Now, at the age of 25, Sheshuka has made a transition from being an active player to being a referee.
Born and raised in a village in the district of Khotang, Rai moved to Kathmandu in 2007. She has been playing Karate since Grade II, and considers her aunt Bimala Rai a major influence. Sheshuka says she maintained a good balance between studies and sports and exceled in both.
“My dad Shukra Bahadur Rai and mom Ishwari Rai encouraged me to take up Karate during my schooldays, although I wasn’t really interested. My parents always supported and motivated me with kind words,” says Sheshuka. Little did she know then where the sport would take her. She enjoys Karate a lot these days and considers it her lifeline. “Winning the Sports Icon Nepal award in 2016 has been the biggest accomplishment of my life, one that I will forever cherish,” she says proudly.
She is happy with the increase in women’s participation in various sports. “Finally, women have started coming out from the confines of their homes, although they haven’t completely overcome the strong hold of conservative ideas that discourage them from playing a sport like Karate. If they get an opportunity, Nepali women can do just as well in sports—or in any field for that matter—as their male counterparts. Karate has helped me relieve anxiety and identify my strengths, weaknesses and potential,” says Sheshuka.
She thinks better coordination among the government, players and trainers is necessary. “The state needs to invest more resource and formulate robust policies to invigorate the sports sector,” she says.
Sheshuka says Nepal’s sporting arena is mostly dominated by football and cricket, so much so that “even when players of other sports bring home trophies and accolades, their success stories go unheard.”
But she is optimistic, both about the future of women and of sports in the country. She is hopeful that more women will take up Karate and that the media will play an active role in promoting and informing the public about other sports besides football and cricket. “I hope there will be more opportunities for our players to grow professionally and get financial stability, and that there will come a day when they won’t have to go abroad looking for greener pastures,” says Sheshuka.
‘Psychopath’ ace the 15th KCM ICMC
The 15th edition of the Kathmandu College of Management Inter College Music Competition (KCM ICMC) saw the band ‘Psychopath’ from Ace Higher Secondary take home the winning prize, with ‘The Voices Unheard’ (Sangeet Pathshala) and ‘Alpha Omega’ (Blood and Thunder music school) getting the first and second runner-ups respectively.
More than 6,000 attendees witnessed the top 11 bands compete in the finals at Bhrikutimandap on March 2. Kiran Shahi from Jindabad, Jimi Blues from TMR Trio and Sareen Deoja from Monkey Temple judged the performances, also declaring the band ‘Eclipse’ as Judge’s Favorite.
KCM’s student-run ICMC connects youths and music enthusiasts from around the country. The event, now in its 15th year, is now easily one of the biggest music competitions in the country.
Women rebuilding their own homes in Gorkha
The unique thing about the year old Nepal Housing Reconstruction Project (NHRP), supported by the government of India, is that it ensures women’s involvement at every level, staring from policy making to construction. The project, implemented by UNDP, has been supporting post-quake rebuilding in Gorkha district. This International Women’s Day, we bring you some stories of the women involved in rebuilding in Gorkha.
Sita Devi Bhattarai (38), local trained mobile mason, Palungtar
“My family is unique because I work outside from 10-5 and my husband stays home taking care of our sons and tending to a farm. Sometimes I am so tired I cannot wake up early to prepare breakfast. My husband doesn’t say anything and prepares breakfast himself. My sons, 14 and 11, also surprise me sometimes by cooking dinner when I reach home late.”
Bimala Kumari Shrestha (35), beneficiary, Palungtar
“I was in a dilemma whether to give back the first installment of Rs 50,000 that I had taken to build the house. My husband is away in India and I have to take care of my children and the livestock. There is so much to do to build a house: carry building materials, hire people, get the map passed. But once I decided I’ll do it, things started falling into place!”
Sukmaya B.K (60), beneficiary, Gorkha Municipality
“I used to work as a mason when I was young but as I grew old, I could not carry building materials so I left my job. I used to miss working. Even though I have three sons and a daughter, not one of them live with me. So I started rebuilding my house on my own a year and a half ago. I thought I would not be able to do it, but I did it.”
Krishna Maya B.K (28), trained mason, Gorkha Municipality
“Even though my husband and I do same work from 8-6, I get paid Rs 700 a day whereas he gets Rs 800. Maybe because he is a man. It’s okay, I manage. I wake up at 5:30 am, cook food, get my two children ready for school, work here, and then head home to prepare dinner.”
Bishnu Maya Naharchi (67), beneficiary, Palungtar
“My daughter and two sons left me. They do not keep in touch. I took the initiative to build the house under NHRP and my neighbors helped me too. I hope I can spend my days sunbathing in my house when it is done.”
Chandra Maya Srimal (35), trained mason, Gorkha-Kaflebhanjyang
“In the nine years that I worked as a mason, it never occurred to me that I could make more money by learning how to lay bricks. I had only seen men do that job in Gorkha so I never questioned the norm. But now it’s been two months that I learnt how to lay bricks and I earn Rs 1,000 a day compared to Rs 750 I used to earn.”
Kushma Thapa, architect, Gorkha Municipality
“Some people in Gorkha look confused when I tell them I am an architect. They question my knowledge. Construction is a male-dominated business. When someone enters our office, I am the first person they are supposed to meet. I sit near the front door but people usually bypass me to talk to other males in the office. But I am glad to see more female presence in the business in the past four years that I have worked as an architect.”
Tikamaya B.K (57), beneficiary, Gorkha Municipality
“After my husband passed away last year, construction of our house stopped. Neighbors commented we couldn’t finish construction but I told them that I would do whatever I could to build my house. Even though my son and I don’t have any stable income source, I believe money is not enough to build a house. The courage to start doing it is as important. So I took the leadership and our house is done.”
Bina Kumari Shrestha, Deputy Mayor, Gorkha Municipality
“As most men in Gorkha left for foreign employment, women’s participation is high in reconstruction. Under NHRP, men and women are getting equal wages for same work. I think our society needs to change its perception on women’s potential. Women here are doing construction work from morning to evening and going home to cook food and take care of their family. For women to move ahead, women need to support each other.”
Shanta Adhikari (32), beneficiary, Palungtar
“My husband went to Dubai five years ago, leaving behind three little children and my mother. He was unreachable by phone after a year. In the 2015 earthquake, after our house was destroyed, I took my home apart stone by stone. I then arranged for us to live in a small tin house. I do whatever work I find. On days when we had nothing to eat, I borrowed money. But now I am involved in the construction of my own house, which is nearly done. All my children attend school. Life is good”
