Vanishing sparrows

Before our dependency on the alarm clock, we all relied on nature. One among the many natural morning cues used to be the sound of birds chirping at dawn. One chirping bird that we are familiar with is the house sparrow.

Sparrows have had a symbiotic relationship with humans for ages, and hence, we have often seen and heard them in our surroundings. Sadly, this diminutive bird as well as other subspecies of the sparrow is now diminishing, and, in some parts of the world is on the verge of extinction.

Hence, to generate awareness about their declining numbers and their daily fight for survival, every year since 2010, March 20 has been celebrated as World Sparrow Day.

In Nepal, due to the increasing mean temperature in summer in recent years, Kanchanpur in the far west and its surrounding areas have seen a huge decline in sparrow numbers. They are on the verge of disappearing due to the excessive heat. Climate change is not the only factor. Environmental degradation due to mindless urbanisation, habitat destruction, and increasing water and soil pollution has contributed to their noticeable disappearance. Electromagnetic waves and radiation emitted by the mobile towers and phones have also interfered with the bird’s sensors and misguided them while navigating and preying.

No other bird can be found so close to humans, and sparrows thrive upon human connection. But the changing lifestyle is affecting the sparrow’s survival. In the earlier days, grains were cleaned outside the homes, and sparrows fed upon them. This is no longer the case. Not only that, especially during the growing-up phase, sparrows feed on insects, but the declining number of insects has left them with little food. Traces of pesticides in the grains are also responsible for their declining number. These birds require cavities to build their nest, but contemporary concrete houses are unsuitable for sparrows to nest and breed.

These birds are considered to be indicators of environmental health. The sparrows that were once abundant and ubiquitous are now facing an uncertain future. The noticeable disappearance and declining number of sparrows are a warning sign for the ecosystem. In order to save the sparrow population, it is important to promote the use of bio- fertilizers. There is a need to create awareness about the development of an ecosystem where they can continue to co-exist with humans as before.

Sine qua non of legal proceedings

Recent news of the court’s decision on a case of sexual violence-filled me with an immediate sense of contemplation. The judge announced a one-month jail term and a penalty of Rs 63,000 to a woman for filing a false case charging a man of rape. This verdict is one of a kind and exemplary with regards to discouraging false allegations of sexual assault in the future.

The ‘then’ accused had been in detention for the past seven months after the 12thgrade student filed the FIR on November 17, stating she was raped in a hotel room. The statement was backed by two witnesses. But having changed her statement during the trial, unable to sustain the charge sheet claim, switched her position from the victim to the offender. On the grounds of an insufficient claim for indictment, the case was dismissed. As mentioned in the news, the woman has been penalised for misuse of the criminal justice system.

In cases of sexual violence, one cannot overlook the possibility of mala-fide intent. False allegations made with malice to humiliate, gain ransom or tarnish someone’s image should be discouraged and also punished because justice and dignity aren’t limited to any one gender.

In Nepal, however, this is not the first time that the complainant has recanted a statement during a trial. Many such stories have previously been reported in the news too where the victim succumbs to intimidation or inducement. In many cases, victims turn hostile in their testimony during the trial. Hostility is one form of perjury, and victim-witness turning hostile is a common thing happening in the criminal justice system. Due to retraction, conviction rates are low, and the victims fail to get justice.

The onus of proof is on the prosecutor; hence, one has to adduce evidence to prove the guilt of the accused. If the complainant turns hostile or the victim is dead, it becomes the prosecutor’s duty to establish the charges based on evidence. In the failure to do so, the victim might be deprived of justice. The Government of Nepal is the plaintiff and the prosecutor in rape cases. The victim, also, has the privilege to additionally appoint her legal counsel to defend her interest.

Will the aforementioned verdict, henceforth, prevent victims from backing off or changing their statements, which is needed or to discourage them from filing the complaint, is yet to be seen.

Rape generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. Accordingly, the two major constituent elements in rape or sexual assault are ‘the use of force by the perpetrator’ and ‘the absence of consent on the part of the victim’.

In a case of sexual violence, the victim-survivor of the crime is the prime witness, and hence, her or his statement becomes important. The General Provisions relating to evidence, Rule 63(4) of the International Criminal Court states “…. a Chamber shall not impose a legal requirement that corroboration is required in order to prove any crime within the jurisdiction of the Court, in particular, crimes of sexual violence.” This highlights the importance of the victim’s testimony taken under the oath.

The testimony of the victim-survivor of the crime is the sine qua non of legal proceedings. But when the victim is made hostile or out of court settlement is encouraged, the perpetrator fails to get convicted or escapes with minimum compensation to the victim. Thus, in the aftermath of the crime, victim protection becomes crucial. In addition to that, providing medical, psychological, psycho-social and legal counselling to the victim becomes equally important. Apart from that, rehabilitation mechanisms for the victim-survivors are important.

The pursuit of justice is not easy especially in matters of sexual violence. Most cases go unreported due to fear and lack of awareness. And when complaints are filed, there are instances of them being subjected to recantation due to intimidation and family pressure. The stigma and victim-blaming in our society often discourage victims to fight against the atrocities.

The legal justice system must assist the victims to fight the fear, confusion and dread in their hearts. To protect the victim, in Nepal, the Crime Victim Protection Act, 2075 (2018) came into force on September 18, 2018. The Act enacted by the Federal Government ensures the right to justice of the victims in criminal investigation, adjudication of cases, compensation and social rehabilitation. Chapter 2 of the Act discusses the 'Rights and Duties of the Victims in the Criminal Justice Process'. The Act has accorded 20 rights such as the right to privacy, information relating to judicial proceedings, safety, expressing an opinion and right of compensation and social rehabilitation.

For the purpose of this Act, section 21 of Chapter 2 entails four duties of the victim. 21c of the Act states “To refrain from failing to appear before the investigating authority or court to save the person involved in the offense, or to refrain from making a statement, deposition or submitting any evidence for that purpose even upon being in appearance.”

Thus, as a victim, it becomes important to understand that along with the rights, the victim also holds duties. And in failure to perform the duty, the victim might harm one’s chances of getting justice.

Sexual assault is an intensely traumatising event. The humiliation and fear post the incident, furthermore, traumatises the victim. Taking into consideration Nepal’s conservative society that often faults the victims and the possibility that victims turn hostile, extra sensitivity is required. Acknowledging the vulnerability in cases of sexual violence, the State should also work in firmly executing the rights as mentioned in the Crime Victim Protection Act, 2075 (2018) to discourage the environment of intimidation and hostility and foster a safe environment for the victims of the crime. For determining the innocence and guilt of the accused, cooperation and truthful testimony of the victims are essential.

Besides, in instances where the State fails to provide the rights and adequate treatment that the victims are entitled to, measures should be taken and instructions should be made to protect the victim, witness or another person at risk on account of testimony, and arrangements should be made to provide immediate legal and psychosocial counselling service to the victim-survivor, especially when there is recantation in a statement.

Ignored, ergo ignorant: Without intervention, the plight continues

According to the legal maxim ‘ignorantia juris non-excusat’, meaning ‘ignorance of the law is no excuse’, one cannot escape liability for violating a law merely because one was unaware of the law and its content. Likewise, after a law is promulgated, it is presumed that everyone is aware of that law. Also, it is expected that citizens are familiar with their rights and can approach the concerned institution upon violation.

In Nepal, due to various socio-economic, cultural and geographical reasons, marginalized populations remain unaware of their rights. As a result, they cannot assert their rights and seek redressal. This lack of legal literacy continues to put them in a disadvantageous position.

A few days back, I met a 26-year-old woman. Her family married her off at the age of 14, and a year later, she gave birth to her first daughter. By the age of 22, she had given birth to three children from her first husband.

Being a child bride, at an early age, she started bearing the burden and responsibilities of a wife and became a mother, but because of not being of the minimum legal age for marriage, her marriage was registered much later. As per the Marriage Registration Act, the minimum legal age of marriage in Nepal is 20 years and 18 years with parental consent.

According to her, shortly after the birth of the third child, who is around 5 years, her first husband ran away with another woman to another country, then, not knowing what to do, she decided to marry another man.

In her second marriage, she lied about her caste to her husband. Upon learning she came from a Dalit community, she had to live separately on the premises of their home while taking care of her husband, who succumbed to cancer a few months back.

She has also given birth to his daughter who is less than a year old. After her husband’s demise, she went to her natal home. But she was abandoned there too. Been left high and dry, she was referred to the shelter home, CASA Nepal.

Her history demonstrates how a female at a tender age became subjected to various forms of gender-based violence and injustice. Child marriage, teenage pregnancy, bigamy, illiteracy, discrimination and abandonment, unaware of her rights.

Because of her lack of legal awareness, she could not take action and claim her rights. ‘I did not know that if the husband brings another woman, you can report to the police. Had I known I would have filed a case, fought for my rights, asked for ansa (property rights)’, she said. ‘Only if you are educated, you know these,’ she added.

Unfortunately, the plight does not end just there. To top it all, she is stateless, i.e., she does not have citizenship.

Before she could acquire citizenship through her first husband, the marriage hit a problem.

Owning to caste discrimination, her second marriage is not registered.

Lack of citizenship challenges security and stability.

Citizenship, the primary legal identity document, is vital. Without it, one cannot obtain a passport, PAN or SIM. Not having it also harms economically as one cannot open a bank account, access formal employment opportunities, start a business, own property or claim allowances.

Ultimately, this limits the freedom and ability to live a dignified life. Furthermore, the possibility of being subjected to abuse and exploitation is high as there is no record of identity. This puts her in a difficult and vulnerable position, and also, might lead her to depend upon someone.

Citizenship and registration documents are also very essential for pursuing legal action. Without these, access to justice becomes challenging. Fortunately, allowance paved way for the birth registration of children from her first marriage.

‘There is a provision of Rs. 2,400 yearly grant for a child below five years, and so my husband registered,’ she said. But the birth registration of the child from her second marriage has not been done. In cases of abandonment, obtaining documents becomes problematic, and she might need legal assistance.

According to the law, child marriage is illegal; sex with a minor is considered rape; teenage pregnancy is a violation of girl child’s rights; a bigamist is liable to imprisonment and penalty, and caste and gender-based discrimination is unlawful and against the Constitution. The irony is that the wrongdoers are free, but the one who has been wronged continues to suffer.

Many women in the marginalized community share a similar plight. They experience ‘multiple jeopardy’.

They have been facing inequality and injustice within the family, in the community, outside of their community and also by the actors and agents of the state in numerous forms of discrimination and oppression based on gender, caste and class.

The traditions and customs have been overpowering the law, and women, when seeking justice are weighed down by the legal procedures and technicalities.

Those unaware of fundamentals due to illiteracy are expected to deal with the legal technicalities when accessing justice. In addition to the cost and delay, the complexity and lack of support in the legal system discourages them from access to justice.

The responsibility of disseminating legal information and promoting legal awareness primarily lies with the government. The concerned authorities must take active measures to create awareness among citizens about the laws, procedures and remedies for seeking justice and also make arrangements to provide sufficient legal aid and resources to the needful. These women require and should get legal advice, assistance, constant support and resources to resolve their legal problems. Without intervention, these women are bound to remain trapped in this vicious circle born out of inequality.

Need for social conscience in advertisements: Turn towards making a progressive gender-equal society

A man and a woman are seated facing each other in a crowded restaurant; the waiter comes to the table and empties the drink from the bottle into the glasses for both. Then, the man looks at the woman, and she upon looking at the drink expresses a surge of passion. Simultaneously, the music starts in the background; the woman walks toward the man, acts seductively, and then, dances on the table whilst the man sits relaxed watching her. Smash cut, the woman opens her eyes indicating that everything that happened after she looked at the drink was her fantasy. She, then, chugs the entire drink, and, with desperate eyes looks at the man, gives a wipe to her mouth, and instantaneously, the music plays.

The above is a narration of an advertisement that has been playing on National Television, and its sexualized portrayal of woman is cringe-inducing. The advertisement is outright sexist and also, a typical example of the ‘male gaze, a phenomenon in the visual arts and literature where the women’s body is depicted through the lens of a heterosexual man.

In 1973, British film theorist Laura Mulvey in her article "Visual Pleasure and Narrative Cinema” explains the cinematic concept of the ‘male-gaze' as the objectification of women in the mass media for the pleasure of heterosexual male audience and how this sexual inequality is derived from the ideologies of patriarchy. In her paper, she has also stated that ‘men do the looking and women are looked at' i.e. such visualizations establish the roles of dominant-male and dominated-female, by representing the female as a passive object (the bearer of the gaze) for the male desire (active viewer). The above ad is an exemplification. In the ad, though the woman is shown as a ‘physically’ active character, however, it is the male character dominating the scenario with his comportment. The narration and camera are panning across the female character, and she is portrayed keeping in the mind the desire and observation of the male character. It is absurd that the above ad is less focused on the product and more on female objectification.

The ad also exhibits Sigmund Freud’s psychological phenomenon known as ‘scopophilia’ i.e. ‘an aesthetic pleasure drawn from looking at an object or a person’. The practice of scopophilia is how a person’s desire is captured by the imaginary representation of the other.

Most advertisements that we see are derivatives of a masculine point of view. They are dominated by male perspectives and reflect patriarchy. Accordingly, as a spectator, our visual perspective is thus, guided based on the male’s perspective. Often, we see, the men depicted as ‘know-all’ and women as unaware. Especially, in advertisements related to digitalization and technology, a woman is shown struggling, and a man is shown reminding, describing how to use it, or providing assistance. Take, for instance, the advertisements where a woman is struggling with change in the vegetable market and a man from afar walks in to explain her digital payment application; a girl in the highlands trying to catch network to send the files is assisted by her male friend, or the male landlord reminding the girl to pay the rent through the digital application. There is evident gender bias in these advertisements.

The ad makers seem to be clinging to the gender stereotypes portraying women as unaware of the new advancement of technology and showing the men as informed and updated. According to the ad maker, buying vegetables is a women’s job but to promote digital application, the man is given the job, showing the man in a predominant role. Instead, the ad makers could have shown the assisting role played by another woman or a brotherhood theme, where one man is assisting the other. Similarly, in highlands the girl could have been assisted by another girl; and the landlord could have been a woman asking a guy to do rent payments digitally.

Similar discriminatory and prejudiced phenomenon can be observed in other advertisements too and are not limited to male-female gender stereotypes but also, caste and race. Be it TV, movies, songs, magazines, or the internet, there is a good chance of encountering stereotypes. They may not always be overt and hence, not easy to read unless pointed out. It tends to bias perceptions, and such feelings and messages pass from the advertisement to the masses. It, then, becomes challenging for the genders to overcome the perceivers’ assumptions and break the typecast. Stereotypes and preconceptions are harmful as it hinders an individual from organically expressing themselves.

Gender inequality is a major concern for our society. Objectification, misrepresentation, and sexualization of women and girls in media tend to perpetuate gender inequality. The Advertisement (Regulation) Act 2019 ("ARA") published in the Nepal Gazette prohibits ‘advertisements that disrespect labor or discriminate based on sex/caste’ and ‘advertisements that affect one's religion, gender, caste, financial status or language’. However, media is saturated with bias, and such advertisements exist and it is imperative to discourage such depiction that breeds inequality in society. It is necessary to exercise caution and monitor the content of advertisements ensuring that they are free of gender stereotypes or any sort of discrimination.

Advertising is done with the intent to inform or influence the people who receive them. The verb advertise is derived from the Latin word ‘advertere’ which is composed of ‘ad’ and vertere, where ‘ad’ means ‘toward’ and ‘vertere’ means ‘to turn'. Thus, ‘advertere’ means to turn towards. It is important to understand in what direction we want our society to turn towards. Most Television ads are androcentric, and it is not consistent with our goal to achieve gender equality. How women and girls and other groups are represented in the media becomes increasingly important due to its wide range of ability to influence the masses. Thus, ad-makers and producers have the responsible role of striding toward making a progressive and gender-equal society by showing improved and updated representation and empowering imagery.

Dreadful Atrocities (An SDG 16 Case Study from Nepal )

In the year 2015, the nation witnessed a dreadful case of sexual violence that sparked demonstrations in different parts of the nation concerning the safety not only of the women but also of female children. The cruel episode of Puja Sah, a seven-year-old girl of Bara district who was raped after being abducted and was found unconscious in a garbage disposal site, signaled the degree of brutality associated with cases of sexual violence. The minor who was undergoing treatment, eventually succumbed to injuries 17 days after the incident on March 8, 2015.

A few months later in August, another similar incident took place in Bara again, where a 14-year-old was raped on the way to her tuition classes and upon searching was found unconscious near a bush by her parents. These were not the onset of registered crimes against minor in Bara district.

Prior to this, one among the recorded cases is of a six-year-old girl of Kalaiya, Bara who was gang-raped in April 2014 and died while undergoing treatment. The incidents, undoubtedly, are indicative of a gruesome situation with regards to children's safety against sexual predators. Moreover, as per the records maintained by the District Police Office, in 2015, a total of 25 rape cases were reported in Bara and among them 12 included minors. And among the 184 rape cases reported in 2015 in five District Police Offices of mid-Terai including Bara, over 100 cases involved children. Subsequent rape cases in the same location cannot be taken lightly, only a few days back, a couple in Bara was murdered while a retaliating gang-rape. A few incidents coming into light can be potential warning against an underlying grave situation.

The situation in Bara is just one example, this year itself, according to reports, rape was on the top of the list of crimes against women in Nepal. Cases of sexual violence had not only risen in the capital but in different parts of the nation. Child rape rate in Nepal has been distressingly alarming. So far in 2017, more than twenty rape cases of girls aged up to 12-year-old have been reported by the media.

Girls and women are equally vulnerable towards the sexual crimes, however the possible reasons for minor being targeted could be their innocence, inability to defend and perhaps no possibility of pregnancies.

In order to fight this atrocity, first and foremost, the victim-blaming culture needs to change. It must be realized that the rape victim is primarily and worse affected by the ghastly event and needs to be protected and supported.