Consent: What we must learn

“Let’s go to the cinema,” asked a boy. “I do not want to go today. Another time,” said a girl. “I want to spend some time with you. Let us go right now,” insisted the boy. “Not now. I want to go home,” said the girl with discomfort. The boy, now equipped with intimidation in his voice, continued to exert what we would call ‘stress’ upon the girl, and demanded that she heed his demands. The girl became nervous and teary. Upon looking at her vulnerable demeanor and consistent refusal to his offer, the boy started scolding her for not being ‘serious’ in their “relationship.”

After the boy had finished berating her for allegedly hurting his “expectations” and depreciating his “masculinity,” he left livid, and the girl returned home hurt and thinking as to why the boy did not respect her decision. Was it an ardent task for the boy to understand that she was in no mood to go with him that day? Dear readers, if the words ‘consent’ and ‘abuse’ popped in your mind, you have caught the essence of this article. If they did not, then worry not and enjoy this piece. 

“If it is not a clear ‘yes,’ then it is a clear ‘No!’”. We must have heard this statement numerous times, but do we have a clear understanding of what it means? The notion of consent is one of the most crucial aspects of an individual’s physical integrity and self-determination. It is not only a mere act of permitting someone to perform certain tasks but also an entire protection from them causing any harm to you. It is a vital aspect of an individual’s right to live with dignity and freedom as protected by Articles 16 (Right to live with dignity) and 17 (Right to Freedom) of the Constitution of Nepal.

Article 16 proclaims that every individual shall have the right to live “with dignity”. The clause at the end is paramount to make every individual realize that they are in control of their lives. They possess certain values to live a dignified life such as autonomy, self-determination, free will, privacy and more. Thus, the notion of consent further solidifies the attainment of a respectful life. 

In this article, I will be discussing consent pertaining to sexual crimes against women. Considering recent convictions and acquittals of so-called high profile Nepalese individuals in rape cases, the concept on consent of women has been a topic of discussion in the Nepalese social media. At present, it is not simply a matter of saying ‘yes’ or ‘no’ but examining the circumstances in which women utter those words. Let me direct you the abhorrent statistics of crimes of rape in three different fiscal years.

In the Annual Report published by the Office of the Attorney General of the fiscal year 2078/79, the district attorneys’ offices (all over Nepal) prosecuted 7,528 cases of rape amongst which 1,742 accused were convicted; in the fiscal year 2079/80, the offices prosecuted 7,343 cases of rape amongst which 1,911 accused were prosecuted. We can conclude two things, by looking at these numbers, one that rape is an ever-increasing heinous crime against women and children; the other, that the courts found that the victims in those cases had not expressed their “free consent” to engage in sexual acts. Thus, the perpetrators blatantly disregarded the notion of consent of the victims and committed those crimes.

How does our criminal legal system view consent and why is it so? Section 20 and explanation of Section 219 of the National Penal Code, 2017 maintain that permission can be deemed as consent, oral or in writing, only when it is solicited without mistake of fact, fear, undue influence, threat of injury or harm; is solicited from person with sound mind and sound cognition and is solicited from person who is at least eighteen years of age. Moreover, Section 219(2) does not deem any sexual act as consensual and legal if it involves a woman under the age of eighteen years. These laws exist, amongst other reasons, to protect the physical inviolability and physical integrity of women and children. 

In the case of Yadav Prasad Ghimire v Government of Nepal, Nepal Law Magazine 2072, Decision Number 9335, the court iterated the notion of consent as ‘choice’ and posited that a person consents if they agree by choice and has the freedom and capacity to make that choice. In this case, the Supreme Court held that the victim had not expressed her free choice of engaging in intimate activities with the accused and thus withheld the sentencing against the latter. Another remarkable case is that of Bhupendra Khadka v Government of Nepal et al, Nepal Law Magazine 2076, Decision Number 10342, in which the Supreme Court postulated that such consent solicited from a lower rank officer by a higher rank officer of Nepalese Army, to engage in intimate activities shall not be deemed as “free consent” due to unbalanced power relation and disparity of economic and social power. Such consent is merely a delusion and sexual acts performed subsequently shall are sexual abuse. 

Why is the idea of consent difficult to grasp? Probably, it has to do with stereotypes about women and gender norms. The journal article “Socio-cultural and psychological aspects of rape…” (2022) published by J K et al, highlighted reasons of rape such as misperception and negative attitudes towards women, masculine dominance, parenting style, immorality, revenge, perceiving women’s clothing as ‘provocative/revealing’ and lack of free sexual expressions. Maybe the answer to respecting women’s consent lies in two themes, one that parents must be the first teachers to teach children about respecting women, morality, sex and sexuality, consent, and hazards of masculine dominance; and the other one could be the standard of sex education in schools and colleges. Also, legal education about the age of criminal responsibility and offenses relating to sex can play a major role in instilling fear amongst people (especially teenagers) to prevent them from engaging in hazardous sexual activities. In my opinion, if we endeavor more to educate the public and students, in more efficient and effective ways, we may achieve a relatively larger reduction in such offenses against women and children. 

The author is student of law at Kathmandu School of Law

Problems in Nepali politics

Politics in Nepal is volatile. Power struggles and corruption have always been center stage. There’s a lot of uncertainty and hardships because of the failure of those in power to follow through their plans and promises. Aaradhana Shrestha of ApEx asked three people how they felt about the current political leadership in Nepal. Here’s what they had to say.

Dipen Shrestha, 53

I feel Nepal’s current political leadership is unclear, shortsighted, and incompetent. This perception stems from our country’s political instability, which has resulted in many young people leaving the country. Political instability has made businesses vulnerable to economic downturns due to excessive growth in loan interest rates and the inability to obtain appropriate prices for agricultural produce. There’s also a lack of timely availability of resources and vision for advanced technology. I think frequent changes in government policies and regulations will work to our detriment.

Basanta Adhikari, 31

There’s a clear lack of cooperation across parties, impeding the country’s economic progress and employment generation for young people. Internal disputes are alienating young people and undermining their patriotism. However, there is promise in the rise of new, proactive youth leaders such as Mayor Balen Shah, who have demonstrated the potential for swift, good change. I think political parties need to collaborate and work for the greater good rather than being driven by their own agendas. We also need proper educational policies so that the youth don’t go abroad to study and eventually settle there for good.  

Kiran Subedi, 31

The current political situation in Nepal is complex and dynamic, with considerable changes since the country transitioned from monarchy to a federal democratic republic. However, the top political parties put their own interests over that of the Nepali people, resulting in instability and stifling economic growth. The prime minister leads a coalition government of numerous parties, although frequent confidence votes show the government’s volatility. Accusations of corruption against the Deputy Prime Minister and Minister for Home Affairs deepen dissatisfaction and outrage. The lack of compelling proof to disprove these charges fuels public criticism of the government’s inefficiencies and corruption. While there is some hope, the current political scenario in Nepal is worrying.

Feeling restless? Pick up an activity from our list to feel recharged

You want to rest and relax during the weekend. But sometimes you get bored of just lazing around and want to do something to entertain yourself. Then again, you don’t want to go out either. So, what can you do? Here are our top five suggestions.

Paint with a friend

Make hay when the sun is shining. By this, we mean take the opportunity to sit out in the feeble sun in between spurts of rain, with a glass of cold beverage, and paint a masterpiece. You can gift the art you make to a friend who has a birthday coming up or display it proudly in your home. You don’t need to know how to paint to be able to have some fun on paper or canvas. Invest in some paint and materials to paint on depending on the medium you prefer and make art. It can be relaxing and therapeutic.

 Put on some music and whip a dish

Regular food—the dal, bhat, tarkari kind—can feel a little mundane on the weekends, when most of us want some finger-licking good food. Rather than opting for takeaway or going out to eat, why not whip up a dish that you can be proud of? What’s more, you are in complete control of the ingredients so your food will be fresh and to your liking. Put on a solid playlist (we recommend upbeat indie pop or jazz), look up the recipe of what you want to make, and have a blast in the kitchen. Take time to slice the veggies and relish the process.

Bake a cake or make a cocktail

Few things can make you feel better than the smell of vanilla essence wafting in your kitchen or a refreshing beverage in hand when there’s a cool breeze blowing in the evening. There are countless recipes to choose from online. Instagram has many easy, accessible recipes for some scrumptious cakes. Bake one for yourself or your family, to enjoy for dessert with some melted ice-cream. Alternatively, learn to make some cocktails. It can be fun and rewarding. And you can impress your friends at the next party.

Pick a project and tackle it with gusto

Everyone has a list of things they have been meaning to do for a while but haven’t gotten around to yet. It could be repainting that childhood bookshelf a bright yellow, making a macramé wall hanging, or tending to your flower beds. Pick something you have been putting off and get on with it. Listen to a podcast or an audiobook while doing it or make it a meditative process by just focusing on the task at hand. You will have crossed something off your to-do list and that will feel just wonderful.

Learn a useless skill

No skill is useless. What we mean to say is when you are bored, learn to do something that your day-to-day life or job doesn’t require you to know. It could be origami, playing the ukulele, learning random phrases in different languages, or mugging up the value of pi, say, up to 25 decimal places. Trust us, it will be both engaging and entertaining. Try to do a handstand, make balloon animals, look up some knock-knock jokes and learn them, or learn some magic tricks—there are many random things you can pick up.

Chimpanzees experience menopause like humans

Menopause, a phenomenon observed in humans and a select few mammal species, including some toothed whales, has now been identified in chimpanzees as well. Wood et al. conducted a study on chimpanzees in Uganda, revealing conclusive evidence of menopause in females aged over 50. Interestingly, unlike humans and toothed whales, post-reproductive female chimps in this population do not partake in raising offspring, hinting at unique evolutionary drivers behind this biological process. This discovery sheds new light on our understanding of menopause across species.

Why does evolution favor menopause or the survival of individuals who can no longer reproduce? This perplexing question has intrigued scientists for years. While post-reproductive females are rare among mammals in the wild, they exist in humans and a select few whale species, making them a fascinating yet elusive subject of study. To shed light on this mystery, scientists turn to our closest primate relatives, chimpanzees. By analyzing demographic and hormonal data, scientists aim to unravel the secrets of post-reproductive life spans and their physiological mechanisms in these fascinating creatures. 

Scientists conducted a fascinating study on 185 female chimpanzees living in Uganda’s Kibale National Park. Over 21 years, they closely observed these wild chimpanzees to understand their mortality and fertility rates. One key measure they looked at was PrR (post-reproductive representation), which indicates how much of their adult life the chimpanzees spend in a post-reproductive state. To explore if these chimps experience something similar to human menopause, the scientists analyzed hormone levels in 560 urine samples from 66 females of different ages and reproductive statuses. This research sheds light on the fascinating world of chimpanzee reproductive biology and its potential similarities to our own experiences.

Researchers discovered that, similar to humans, female chimpanzees in the Ngogo population experienced a decline in fertility after age 30, with no births recorded after age 50. Surprisingly, unlike other chimpanzee groups, many Ngogo females lived beyond 50 years old. This longevity meant that approximately one-fifth of their adult lives were spent in a post-reproductive state, a phenomenon resembling human patterns but occurring for a shorter duration. Hormonal analyses revealed parallels between Ngogo females and humans during reproductive transitions, highlighting the intriguing similarities between our species.

While menopause typically ends reproductive capabilities around age 50 in both humans and chimpanzees, significant post-reproductive lifespan (PrR) had never been witnessed in wild primate populations, including chimpanzees. This unexpected finding raises intriguing questions about the evolutionary factors at play. One theory suggests that favorable ecological conditions at Ngogo, such as low predation rates and abundant food, may have triggered this unique response. Alternatively, PrR could be an inherent trait in chimpanzees, obscured by recent human impacts like disease epidemics. Theories such as the grandmother hypothesis, which posits that older females survive past reproductive age to support offspring, may not directly apply to chimpanzees due to their social dynamics. Instead, the reproductive conflict hypothesis, focusing on competition among females for breeding opportunities, may offer a more pertinent explanation. These theories, though not mutually exclusive, provide insight into the complexities of PrR and hint at broader implications for understanding human societies’ higher prevalence of post-reproductive lifespan.