And he is (not) out

Sandeep Lamichhane, the former captain of Nepal’s national cricket team, was accused of rape and the case has been under investigation for the past seven months. He was in police custody after being arrested on 11 Sep 2022 before getting released on a bail of Rs 2m on 12 Jan 2023. The Cricket Association of Nepal (CAN) lifted his suspension and the Supreme Court lifted the travel ban imposed on the 22-year-old, permitting him to play games abroad, despite the final verdict not being out yet. Decisions like these that lets the accused walk free, activists say, normalize sexual assault and rape. “It almost seems like survivors are being asked to remain silent,” says Sabitra Dhakal, human rights activist. She believes that the decision of CAN as well as the Supreme Court is highly influenced by the celebrity status of Lamichhane. “People with a certain level of power and position are given a clean chit. There’s nothing new in that. It’s the same in this case,” she adds. Sociologist Pranab Kharel agrees with Dhakal. He doesn’t approve of the idea of releasing Lamichhane on bail. An accused can be held under custody before the verdict if there is substantial evidence that he might be a perpetrator. “In this case, he [Lamichhane] has agreed to have been in the same room as the accuser and the case he is fighting is to prove that she isn’t a minor rather than deny the allegations,” adds Dhakal. The fact that he was granted bail, Kharel adds, only proves that public support and celebrity status are enough to tweak the law in his favor.

However, Saroj Krishna Ghimire, Lamichhane’s lawyer, disagrees that Lamichhane is being treated with any kind of privilege, adding that the court’s decision shouldn’t be questioned. “In the eyes of the law, you are innocent until proven guilty. My client has the right to continue his work while abiding by the restrictions placed by the Supreme Court on his release,” he says.

But rights activists don’t agree. The implication of the bans being lifted, Kharel says, is even worse. “People won’t be fearful of the law. They will think they can get away with anything and that will allow them to act on their impulses,” he says. Furthermore, Kharel believes that this incident has also endorsed vigilantism when it comes to fans supporting celebrities. “People will do anything for their idols as they are blind to their faults,” he adds. A lot of people, especially his fans, have supported Lamichhane without a moment’s hesitation. Hima Bista, human rights activist, mentions that the public has presented Lamichhane with a certain level of impunity, considering him to be a national treasure, even though the court’s verdict is still pending. “We could clearly see that when he [Lamichhane] was welcomed with garlands and cheers while getting out of custody in bail,” she says. Besides supporting Lamichhane, many have also resorted to publicly humiliating anyone supporting the survivor on social media platforms. “They give foul names and I have even found some people who got rape threats for supporting the survivor,” says Bista. This, she believes, is the result of people’s lack of faith in and fear of the law. “Many people are now afraid of publicly supporting the survivor,” she adds. She further mentions that this has also contributed to the normalization of abuse, be it in person or through social media. “A lot of people would rather ignore these comments than take actions because of the legal hassle they need to go through,” says Bista. She believes this only increases the confidence of people to do more harm, forcing our society to fall into the vicious cycle of abuse. Not just the supporters, but the survivor herself is being defamed on social media. “That’s the case when the identity of the accuser is still confidential. I cannot imagine what she might have to face if the identity is made public,” she says. The psychosocial impact from this, on any survivor, can be adverse, says Sandesh Dhakal, lecturer of psychology at Tribhuvan University. “If we only talk about this case, the survivor is reliving the trauma, and Lamichhane being given the privilege to travel abroad as well as be a part of the national team will only make her hopeless,” he says. Secondly, he mentions that the survivor might also develop psychological issues, fueling insecurity as well as making it difficult for her to lead a normal life. “This case also indirectly impacts anyone who is willing to speak up regarding the abuses they’ve faced as they will fear being criticized publicly on social media, or not getting the justice they deserve,” he says. This, he says, can also be seen among the public. “We learn what we see, and the current situation is only teaching us to put celebrities on the pedestal, while demeaning survivors and women at the same time,” he adds, “Without a doubt, there will be people who will blindly stick to this belief without evaluating the situation.” Kharel further mentions that people are uncomfortable talking about sexual assault. They normally want to turn a blind eye to it. “They would rather consider him to be the nation’s asset rather than a sexual predator. I believe CAN is trying to do the same because they could have easily waited until the verdict was out to make a decision on his suspension,” he says. “This not only demotivates survivors from speaking up, but also gives people the confidence that they can get away with anything as long as they enjoy a certain level of power or have the right connections,” adds Bista. CAN, on the other hand, disagrees. “We have abided by the decision made by the Supreme Court. There are certain restrictions imposed on him which he has followed so far,” says Durga Raj Pathak, acting secretary. Pathak adds that everybody needs to be given the benefit of doubt. He further mentions that it’s CAN’s responsibility to protect their athletes. “We are his guardian so we can’t abandon him before the verdict is out. Also, it’s hard to come by players like Lamichhane. CAN’s purpose is to improve and strengthen Nepal’s cricket team as well and that’s what we are focusing on,” he says, adding that the rest will depend on the Supreme Court’s decision.