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The Opuz v Turkey case provides essential insights for Nepal to combat domestic violence and ensure the protection of domestic violence victims. Nepal can enhance safety for women and marginalized individuals by recognizing its international human rights obligations and establishing/implementing effective legal frameworks. The ruling in the Opuz v Turkey case highlights the vital role of the judiciary in ensuring that the state fulfills its duties, asserting that domestic violence is a human rights violation requiring thorough legal and social action. Nepal can uphold the dignity and rights of all victims through a coordinated effort by enhancing protections, reforming legal structures and changing societal attitudes, reflecting the spirit of the ruling and advancing the struggle against domestic violence.

The case of Opuz v Turkey (2009) is an important decision in human rights law, particularly in relation to domestic violence and the obligations of the state to protect the victims of domestic violence and vulnerable individuals. The European Court of Human Rights (ECtHR) ruling establishes important precedents that are particularly relevant for countries such as Nepal, where domestic violence is prevalent and state systems frequently fall short in safeguarding the victims. In Nepal, the prevalence of domestic violence is ingrained in cultural norms and entrenched in traditional patriarchal frameworks, thereby fostering a pervasive tolerance for violence targeting women. Despite notable advancements, women often encounter discrimination and violence in familial environments, as societal norms often view domestic violence as a private issue, thereby deterring victims from seeking help. The perpetuation of traditional gender roles and cultural expectations creates a cycle of abuse that renders women voiceless and defenseless due to fear of stigma and retaliation. The Opuz v Turkey case established critical precedents concerning a state’s obligations to protect individuals from domestic violence under the European Convention on Human Rights. The ECtHR emphasized that states bear positive obligations to implement preventive measures when they are cognizant of a real and immediate risk to an individual's life, thereby redefining domestic violence as a matter of public concern rather than a private issue. This ruling acknowledged the grave nature of domestic violence as a violation of human rights and mandated the establishment of effective legal protections and accountability mechanisms. The implications of this judgment have significantly influenced the treatment of domestic violence cases throughout Europe and serve as an essential reference point for legal reforms in countries, such as Nepal, that face analogous challenges.

Although, Domestic Violence (Offense and Punishment) Act- 2009 of Nepal is a major legislative step in the right direction, obstacles to accessing justice, cultural shame, and poor enforcement - all work against the law's efficacy. When seeking assistance, many women face barriers because the legal and law enforcement sectors frequently lack the resources and expertise necessary to provide adequate assistance. According to reports, police officials may reject cases or act biasedly toward women, which encourages a culture of impunity for those who commit crimes against women. Important legal arguments that are relevant to Nepal are highlighted by the Opuz v Turkey case, especially those that deal with the right to life and the outlawing of torture and inhumane treatment. Authorities must acknowledge that it is their responsibility to step in when there is a known threat to a person's life, as victims of domestic abuse in Nepal face serious risks. Protecting victims and making sure their accusations are taken seriously need proactive measures like restraining orders and emergency interventions.

Moreover, the psychological and physical violence experienced by women in Nepal parallels the experiences of the applicant in Opuz v Turkey. The ECtHR’s acknowledgment of domestic violence as a serious violation of human rights underscores the need for Nepal to adopt a similar perspective. It is vital that Nepali law recognizes domestic violence as a public concern that necessitates state intervention. This shift in perception is essential for mobilizing resources and support systems for victims, including easy access to counseling, legal assistance, and shelters. The implications of the Opuz ruling for Nepal are profound, emphasizing the need for enhanced state accountability in cases of domestic violence. This can be achieved through specialized training for law enforcement to handle such cases sensitively and effectively, as well as the establishment of clear protocols for responding to domestic violence complaints.

Strengthening legal frameworks is also critical. In order to ensure adequate protection for victims of domestic abuse within the legal system, a comprehensive review of the existing legislative framework is imperative. It is essential for government officials, lawmakers, legal experts, and women's rights advocates to collaboratively engage in this endeavor. Furthermore, alignment of national legislation with international human rights standards is crucial to prioritize victims' rights and maintain consistent enforcement of laws. Initiatives for community engagement can help advance knowledge of rights and resources, and educational programs in communities and schools can dispel prejudices and foster an environment of equality and respect.

In conclusion, the Opuz v Turkey case offers valuable lessons for Nepal in addressing domestic violence and ensuring the protection of victims. By acknowledging the responsibilities of the state as outlined in international human rights law and enacting robust legal structures, Nepal can strive towards establishing a more secure atmosphere for women and marginalized populations. The judgment highlights the vital importance of judicial systems in ensuring state responsibility, emphasizing that domestic violence constitutes a breach of human rights necessitating thorough legal and societal actions. As Nepal persists in addressing the challenges of domestic violence, drawing insights from the case of Opuz v Turkey provides a valuable chance to enhance its dedication to safeguarding victims and tackling this widespread problem with the necessary promptness.

Water is life.

“O water of the seas, of the rivers, of the tanks, of wells and of any other place, hear favorably my prayers and vows. As the traveler, fatigued with the heat, finds rest and comfort under a tree’s shade, so may I find solace and assistance in all my ills, and pardon for all my sins.”

“O water, you are the eye of sacrifice and battle.You have an agreeable flavor; you have the bowels of a mother for us, and all her feelings toward us. I call upon you with the same confidence with which a child at the approach of danger flies to the arms of a loving mother. Cleanse me from my sins, and all other men of their sins. O water, at the time of the flood, Brahma the omniscient, whose name is spelt with one letter, existed alone, and existed under your form. Brooding over you and mingling with you, this Brahma did penance, and by the merits of his penance created night. The waters, which covered the Earth, were drawn into one place and formed the sea. Out of the sea were created the day, the years, the sun, the moon, and Brahma with his four countenances. Brahma created the firmament, the Earth, the air, the smaller worlds and everything that was in existence before the flood.”

Water is called life. No living being can survive on this planet without it. Water is essential for life. Many diseases can be cured through its proper application. Vedic scriptures mention that proper use and application of water can cure several ‘incurable’ diseases. 

In modern times, many scholars and researchers like Vincent, Father Sebastian Kneipp and Louis Kuhne have used it for the treatment of almost all waterborne diseases. So, they are revered and remembered today like medical doctors.

Ancient Egyptians, Assyrians, Persians, Hebrews and Chinese are said to have used water for the treatment of many diseases. The Greek physician Hippocrates (400-500 BC), known as the ‘Father of Medicine’, used water for treating many incurable diseases. Apart from bodily cleanliness, water is used internally to quench many parts of the body and as Enema for internal cleaning of the body. It is also useful for the treatment of  uric acid, salts and surplus sugar in the body. It can also be used in indigestion.

Water is an extraordinary substance, anomalous in nearly all of its physical-chemical properties and easily the most complex of all the familiar substances that are single chemical compounds. 

Water plays a pivotal role in the life of human beings and life is not possible without it. 

In 2010, the United Nations General Assembly adopted a resolution on the right to water and sanitation. It is the first UN resolution that explicitly recognizes the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.

Albert Szent Gyorgy has also thrown light on the importance of water in the following lines: “Water is life’s matrix, mother and medium.There is no life without water.”

After taking a holy bath, worshipers offer water in the form of Arghya or Tarpan to the rising and setting Sun by standing in rivers, ponds and  rivulets in the morning and in the evening. This way, they pay respect to the Sun in their daily life. I would like to quote here: “Glory to the Sun and to the planet Venus. May the water that I now offer you find favor in your sight.”

Water is closely related to Maithili culture. Almost all Maithili folk festivals are  solemnized on the banks of rivers. In India also the case is the same. There is a very popular saying that all roads lead towards the Ganges river on the auspicious occasion of Chhath which is celebrated with pomp and show for  four days  every year.It can not be celebrated without water bodies. There is a long tradition of worshiping the sun god in  neighboring country India. The sun worshiping tradition was very popular in Western and Central India, even extending to Bihar. The Chhath celebration of Patna is very famous in India. Patna is the capital city of Bihar.Reference may be made to the Sahapur image inscription of Adityasena (in the district of Patna) and the Deo Baranaka record of Jivitagupts 11 (in the district of Shahababad). They both mention Solar worship in Bihar.It may be that with the migration of Skadvipi Brahmanas to Magadh, the Solar cult was transferred from West Multan and Rajputana to Eastern India. This statement has been supported by later archaeological evidence which testifies to the above mentioned fact. It is celebrated in the ‘Bright Fortnight’ in the month of Kartik for consecutive four days in India and Nepal. Similarly there is no basic difference in the celebration of this festival. This festival fosters age-old cultural bonds between the two countries.The season is also very sweet and soothing.

The very word Chhath consists of two words—Chah (six) and Hath, the Hath Yog, which is a kind of Yog (austerity). So, ‘Chhath’ refers to the process of consciously obtaining solar energy through six stages via methods similar to Hath Yog. Hath here refers to the austerities like fasting for days, standing in cold water and chanting the names of god and also singing folk songs dedicated to the Sun as well as Goddess Chhath Parmeshwari for achieving a certain objective.

According to another point of view, the word Chhath comes from number six. which signifies its starting date(the sixth day of  the lunar month of Kartik in the Hindu calendar), which corresponds to October-November.

• Stage 1: Fasting and the discipline of cleanliness leads to detoxification of the body and mind. This stage prepares the body and mind of the devotee to receive the cosmic solar energy.
• Stage 2: Standing in a body of water (pond, river, etc) with half the body (navel deep) in the water minimizes the leak of energy and helps the prana (psychic energy) to move up the Sushumna (psychic channel in the spine.)
• Stage 3: Cosmic solar energy enters the devotee’s pineal, pituitary and hypothalamus glands (Triveni) through retina and optic nerves.
• Stage 4: Activation of Triveni (tri-glandular complex)—pineal, pituitary and hypothalamus glands—begins.
• Stage 5: A kind of polarization happens in the spine, which results in the devotee’s gross and subtle bodies getting transformed into a cosmic powerhouse. This can also lead to the awakening of the latent psychic energy popularly known as the Kundalini Shakti.
• Stage 6: The body of devotees becomes a channel, which conducts, recycles and transmits the energy into the entire universe

The science of Chhath

The physical bodies of all living beings are highly-sophisticated energy conduits. Solar bioelectricity starts flowing in the human body when it is exposed to solar radiations of specific wavelength. Under favorable physical and mental conditions, the absorption and conduction of this solar bioelectricity increases. The processes and the rituals of Chhath puja prepare the body and the mind of the devotee for cosmic solar energy infusion. The scientific process of Chhath produces photo-electro-chemical, photo-electro-pranic and photo-electro-psychic effects on the devotee. The intake of solar energy using Chhath rituals has a revitalizing effect upon the devotee. Not many people are aware that the Rishis of the yore used to adhere to a scientific process similar to Chhath for their sustenance by avoiding solid or liquid diet. To unlock the mysteries of Chhath, research should be conducted with a focus on photochemistry, photobiology and biochemistry.

As described by the Yogis, cosmic solar energy enters the devotee’s body during the conscious Photo energization process of the Chhath. With the body purified through the prescribed method of fasting, the devotee stands with half the body (navel deep) in water and facing Bhagwan Surya (the sun). During this meditation in the sun, millions of photoreceptor cells present in the retina (in the eye) absorb the light energy (photons) present in the rays.

Retina is a kind of photoelectric material, which emits subtle energy when exposed to light. Hence, very subtle electric energy starts flowing from the retina. This energy (photo-bioelectricity) is transmitted from retina to the Pineal gland by the optic nerves connecting the retina to the pineal gland. This leads to activation of the pineal gland, which is in close proximity with the pituitary and hypothalamus glands (the three glands are collectively called Triveni). 

The energy generated in this process starts impacting these glands positively giving the devotee good health and a calm mind. With the solar charge in the pineal gland rising beyond a certain limit, the top and the bottom ends of the spine start acting like two poles of the energy channel. All these changes transform the devotee into a cosmic powerhouse of subtle energy and this powerhouse starts transmitting the cosmic energy into the universe. 

Preparations

Commoners, along with traders, begin to store and stock necessary materials for Chhath about two months before the festival. Devotees need bamboo-made baskets, earthen lamps, idols of elephants, new clothes like dhoti and saree and also decoration lights, bangles, mirrors, blouses, sacred incense, sandalwood vegetables, fruits and banana trees. Sweets like Thekuwa, Kasar and Khajuria, which are made of wheat flour and rice, are a must. 

Making Prasad

There are different ways to prepare Thekuwa. One can prepare it by mixing flour with ghee, shakkhar (jaggery) and sprinkling some water in the mixture (preferably from the Ganga) and giving it a desired shape. This mixture is deep-fried in ghee (preferably) or oil. 

If you want to make Thekuwa tastier with aromatic smell, coconut, cashew, dates, and raisins in the mixture. Besides Thekuwa, another important item required during Chhath is Bhuswa—a rice flour ball. First of all one should wash rice,heat it, grind it and mix it with the melted molasses. And then make small balls out of the mixture. Khajuriya is also a very important item. These food items are very popular among people of all ages. The food items are so delicious that one can easily imagine  that Chhath Paemeshwari and the sun god also like them and they are pleased by  offering  them. The worshippers prepare food varieties, work in groups and enjoy. They are busy in decoration and cooking. They used to wash wheat in groups,sing songs and grind them in Dhiki (a traditional grinding equipment).

Festive celebrations go on for about a month but the last four days are especially important. Catchy, sweet-sounding and popular festive songs dedicated mainly to the Sun and Chathi Mai (a goddess) echo on the toles (Mohalla) of villages in Madhes. This festival, though chiefly religious, is of multi-caste, multilingual and multi-religious nature. It is above petty politics with maintenance and promotion of communal harmony as its main motto. 

During the month of Kartik, devotees observe a fast, take strictly vegetarian food and maintain personal hygiene for purifying the mind and the body.

Maintaining and promoting communal harmony is the common goal of all our festivals. These festivals boost enthusiasm and encouragement, and play a pivotal role in strengthening unity and fraternity among the people of a multi-ethnic, multi-lingual, multi-cultural and multi-religious Nepal.

7:30 am, Nov 5

Thimi, Bhaktapur

There are usually around 10 people in the small tea shop I frequent during my morning walks. I stop by for black tea and to hear what people think about contemporary politics and society. I often encounter my neighbors, who walk nearly the same route. The tea shop regularly witnesses heated debates on political and other issues.

Like yesterday, I ordered my black tea and listened to a man–familiar by face, though we have never been formally introduced–expressing his frustration at the current state of the country. "These old political parties have done nothing in the past three decades except make money for themselves and their families," he says, arguing that today’s politicians don’t care about the problems the country is facing.

Another person says we need new faces in politics to transform the country. An elderly man suddenly interjects, "They (the three parties) have just put one new leader, hinting at Rastriya Swatantra Party (RSP) President Rabi Lamichhane, in a big hole, and are conspiring against another new face (Balendra Shah, mayor of Kathmandu Metropolitan City)." Yet another participant questions the political parties' commitment to nationalism.

 A person, seemingly sympathetic to Nepali Congress (NC) or CPN-UML, interrupts to say that while the country needs new leadership, it shouldn’t be like the current crop of self-proclaimed new leaders – apparently referring to Lamichhane, who is currently in the custody of Kaski police for investigation over alleged cooperative fraud.

The conversation suddenly shifts from politics to agriculture when one man, after his second cup of tea, bids farewell, saying he needs to buy vegetables and reach home before 8. This sparks a discussion about vegetables, with everyone agreeing that domestic agricultural production has declined substantially. The group is unanimous in blaming politicians for the skyrocketing vegetable prices.

There is also shared concern about agricultural land turning barren. "Traditionally, we shipped grains and vegetables from villages to cities, but now it’s reversed. You see trucks carrying produce from cities to rural areas," says one participant, a driver by profession. Others recall how rural residents used to earn money by selling food grains and agricultural products. They all reminisce about childhood, when, except for salt and sugar, every household was self-reliant in daily essentials and food grains, barely needing cash. "We need an extreme situation, like a blockade, to force politicians and farmers to rely on agriculture again," another suggests.

The blame returns to the major political parties–NC, UML, and CPN (Maoist Center). The group criticizes their agricultural policies while in government. With successive governments focusing on sending youth abroad for employment, fertile lands lie barren, and the situation may worsen, they say.

They find the dependence on India for food rather worrying. "Some 40-50 years ago, Indian farmers came to Bhaktapur for vegetables and other seeds; now we get our seeds from India. Nepal used to sell seeds along the Nepal-India border," one participant says. The group agrees that without special attention to reviving agriculture nationwide, Nepal faces an impending food crisis. In these tea shop gatherings, I listen more than speak, gaining insight into people's thoughts on contemporary issues.

I have started a weekly column titled ‘Teashop Gossip’, where I will try to share the lively conversations that unfold in local tea shops. For years, tea shops have served as a public place where people from all walks of life meet and discuss contemporary issues. In this column, I will present these discussions just as they are, capturing the voices, views, and insights that arise without any alterations.

Chhath is a unique Hindu Vedic festival being observed in India and Nepal since ancient times. Dedicated to the Sun God and his wife Usha, also known as Chhathi Maiya, Chhath is celebrated over four days.  During the festival, devotees observe rigorous fasting and offer prayers to the setting and rising sun. It is believed that being close to water connects devotees with the divine, and the benevolent Sun God blesses their families.

Chhath Puja is among the most widely celebrated festivals in Nepal. It typically begins six days after Deepawali, the festival of lights. The word "Chhath" means six. In ancient Prakrit, "Chhath" translates into sixth, reflecting that this festival is celebrated twice a year on the sixth lunar day of the Chaitra and Kartik months of the Hindu calendar.

The Rituals

In general, it is believed that Chhath Puja begins with Nahay Khay, but this is only partially true. The Puja actually commences with “Machh-Maruwa Barnai” — a vow taken a day before Nahay Khay to refrain from consuming onion, garlic, and non-vegetarian foods. On this day, devotees bathe, offer prayers to the Sun God, and then eat food prepared in their own kitchens, as consuming food bought from hotels or markets is considered unholy.

Kharna is observed on the second day. Devotees fast until the evening, when the Kharna rituals are completed. Kheer (a rice and milk pudding sweetened with jaggery) and puri are offered to the deity and shared among family members after sunset. Throughout the Chhath festival, the offerings are traditionally prepared on an earthen stove, or chulha, using mango wood whenever possible.

Evening and Morning Offerings

The third day is known as Sandhya Arghya (evening offering), also called Pahila Arghya (the first offering). This is considered the most challenging day for devotees, most of whom are women. They observe a strict fast, abstaining from both food and water. 

In the evening, devotees take ritualistic dips in neighborhood ponds or rivers which continue until sunset. They offer prayers to the Sun God with fruits and prasad prepared in their own but separate kitchen. These offerings include items like Thakuwa, Bhuswa, Khaja and Mithae, and fruits such as oro blanco grapefruit, sugarcane and bananas.

On Usha Arghya (the morning offering) on the fourth day, devotees break their fast after offering prayers to the rising Sun. They take dip in the water and present all the prasad to the Sun God once again.

An intriguing aspect of Chhath Puja is the dual worship of Usha and Pratyusha, who are both considered consorts of Surya, the Sun God. Usha, symbolizing the first ray of the morning sun, plays a key role in the concluding rituals, while Pratyusha, representing the last ray of the day, is revered during the evening. This dual worship is believed to symbolize the transformative power of the solar cycle and the cyclical nature of life.

Festival of Equality and Cleanliness   

Primarily observed by women, this festival requires neither male priests nor the recitation of mantras to perform the Puja. It is open to all, regardless of gender, caste, or economic status, with nearly identical offerings for everyone. Emphasizing the cleanliness of riverbanks, ponds, and water bodies, the festival fosters equality and fraternity among devotees. In essence, it celebrates cleanliness, equality, and community spirit.

Dedication  

Chhath is a devout offering for the well-being of family members, highlighting the sacrifices that women make for the longevity of their husbands and the prosperity of their families. The festival embodies ancient traditions passed down through generations. Its rituals stress purity and discipline, bringing families together to perform ceremonies that strengthen unity and community spirit. Beyond its religious significance as an expression of gratitude to the Sun God for sustaining life, Chhath promotes values of prosperity, health and longevity for families.

Social Harmony   

The festival transcends religious boundaries and unites people across caste, creed and social status, fostering harmony and mutual respect. Rituals emphasize environmental conservation, such as bathing in natural water bodies at sunrise and sunset, symbolizing purification of the body and soul and underscoring the importance of ecological balance.

More than just a festival, Chhath is a testament to cultural heritage, religious devotion and social cohesion. It promotes values of discipline, devotion, and environmental stewardship, while celebrating a shared heritage that binds communities. Chhath remains deeply significant, symbolizing reverence for nature and gratitude to the life-sustaining Sun God, Surya, making it an integral part of cultural tapestry in Nepal and India.

Lessons to Learn   

The festival advocates an eco-friendly approach, reflected in devotees’ efforts in prepare the Ghats and maintaining the cleanliness of water, soil and a pollution-free atmosphere. 

Chhath promotes equality, fraternity and social harmony. Meanwhile, the rigorous fast of more than 36 hours undertaken by women devotees reflects their deep familial devotion, prioritizing the well-being of their loved ones.

If we succeed in maintaining a pollution-free environment, a society free from violence against women, and an equal society without discrimination, only then can we truly honor the messages of the Chhath festival.

Jivesh Jha is the author of Beneath the Sun: Equality for everyone, The Spirit of Chhath Festival (2024)