Hello colleagues of end violence group - here is a case of Nepal raped by an army and facing challenges to go for justice. An example on women are specially targets of violence. This case was documented by a Nepali dalit rights NGO.
Manisha Darjee, 18 years old dalit women, a resident of Parbat District, Nangliwang Village Development Community of western hill of Nepal. Educated till class V, enduring extreme poverty, and social discrimination and gender violence. Married off young to a boy chosen by the parents according to the customs of the village. After marriage, sublimated into domesticity doing household chores, collecting fodder and firewood. Not only at the parents, there was severe poverty at her in-laws house as well. Almost homeless, Manisha and her husband reached Nangliwang from nearby Dhairing in the process of seeking work. And there, started living with relatives although distant. Labouring the whole day for others, carrying load was their only means of sustaining their lives. Parbat district, one of the remote hill district of western development region of Nepal, a district exporting guards, servants and labouring hands in large numbers to India. Enduring extreme economic, social and cultural deprivation/ poverty, mainly the oppressed dalit youths have landed in India with sunny dreams. Manisha's husband is one among them, who had gone to India almost one and half years back. Manisha became alone. The nearest in support was her father-in-laws youngest brother, living close by. Manisha awaited her husband's return, sustaining herself by labouring for others. At this time, Sustainable Livelihood Forum (SLF SLF is sustainable Livelihhod Forum a campaign group advocating for the rights of dalit.) reached Nangliwang in the course of its work. After holding interaction with the dalit community, it was decided to start an adult education programme in the community. As per the requirement of SLF policy, a local class facilitator was selected from the community. But as he betrayed the community, they appointed Manish Darjee as the facilitator. The SLF also gave her a 5-day training. Manisha, working for others during the days to survive, started assisting the adult education programme at night. Manisha, build her self-confidence after she got involved in interaction programme as facilitator. After the community started reading and writing, smile adorned Manisha, which was but natural. Like any other evenings, that evening too, Manisha helped the participants into writing and helped them read what they had written. After 10 pm, she left for home along with the participants and went off to sleep. At around 1 o'clock, after midnight, somebody knocked at her door. She knew that the Maoists roamed the villages at night. Scared, Manisha asked, "Who is it"? from inside the room. "We are Maoists, we have to enquire something from you, come out." On this Manisha and the whole family members were terrified. Manisha was not able to ignore the order, so she opened the door. Coming out, she saw four boys from the same village. They departed after asking a few things to Manisha, who had come out to the courtyard about the adult education programme. She had just entered the house with a long sigh of relief and feeling secure, their voice came again, "hello Manisha, we forgot to talk about an important thing, come out". As their conduct the first time had been disciplined, she acknowledged this too without doubt and came out. Manisha, who was led a little further away from the courtyard saying that they had to talk on some confidential matter was dragged by the neck to the ground further away. Manisha got into an enclosure of four boys. One amongst the sex-thirsty scoundrels attacked Manisha and raped her with the help of other accomplices. She continued to call for her relatives to help her. But no one was able to come to help her immediately. After unremitting cry, a male voice was heard out side her home. When it reached nearby, the scoundrels fled. Manisha felt that she was going to live after all. She returned home with the support of the other man. It became uncertain as to what was to be done and what not to be. Early next morning, the village community convened a meeting but could not take any decision. In the hope of getting justice, Manisha reached her Village Development Committee, where she was told that such matters were not within its jurisdiction. The day went by in confusion. On the third day, Manisha reached the office of SLF Kusma (district head quarter) and described the incident. Manisha was not crying any time while narrating such sad incident like her own rape. But there was determination to fight against injustice. She was asking help to go to the police. She reached the police station along with the staff of the SLF and clearly and dauntlessly stated, " I was raped, Mr. Aindra KC is the rapist and three others are his accomplices. Action should be taken against them". Many were shell-shocked with this proclamation of Manisha. A dalit woman from a remote village taking initiative to knock doors for justice by making public of her being raped is no less a courageous matter. This was perhaps the first incident in the history of Parbat District Police Office. The officials also appeared sensitive towards Manisha's problem and made a start with the medical check up. Shockingly, nothing was mentioned in the Doctor's report, which could prove rape. The involvement of police in Manisha's favour created uproar from the side of the rapist. The main rapist, Aindra KC had joined his work. Although he had left the village, his close associates started to threaten and induce Manisha and the dalit community. But Manisha did not compromise for justice. The SLF and the dalit community also continued to put in efforts wherever it was possible to help her. To keep Manisha's and the community's confidence high, and for solidarity in their step for justice, a rally was held which convened into a general public meeting protesting the rape, with the dalit community at the forefront where dalit members from about 10 villages had participated. While the community pressure was in progress, the rapist got arrested one after the other within the interval of a short time. The accomplice who was the first to be arrested had even acknowledged his crime in front of the government attorney. As the criminals, giving false and different and contradictory statements in self defence were taken to court by the District administration, the court gave the ruling that the case be moved ahead by keeping in remand just only the main accused. The accused went to the appellate court to repeal the order. Although the Attorney at the appellate court had ordered for remanding all the criminals, the District court gave the order that only the main accused be kept in custody while the case proceeded. In the meantime, people close to the rapist approached the SLF in various ways to settle the case. Manisha was proposed to accept money and come to an agreement. But she was not ready to compromise. The NGOs in Kathmandu working for the rights of dalits and NGO Federation were also approached for legal support. Activities towards publicizing the facts of the incident within the community and creating an environment for securing justice for Manisha were initiated. As this appeal is being penned down, the witnesses in Manisha case are being interrogated at Parbat District Court. The sycophants of the main accused, it seems, are stating that Manisha's allegation is false, and the accused are innocent. Leaving aside the supporters of the rapists, it seems a person even in the name of High school teacher has stood up for him. It appears that there is signal of dalits advocating from Manisha's side are bending to the pressure of threats from the rapist's big lords. It also seems that the rapist is threatening off finishing off so and so once he gets out of jail. Seeing all this in the beginning, Manisha appears to be bewildered. The court is taking statement. Manisha, it seems, is saying what she had filed in her FIR. But the witnesses who were with her before are not able to have the courage to stand with her today. Manisha neither has the ability to buy off the witness nor has the social and financial status to threaten any one. That is why, it appears that the ground she stands is opening up and she is falling down the crater. Manisha, a poor dalit women of this country, most oppressed woman, came to the open in protest of such a heinous crime like her rape for justice without caring for any social accusation that might come upon her. Is it not the utmost responsibility of us all justice-loving Nepalese by making our voice one with her to see that she gets justice? Should not the human rights organisations, dalit organisations and media raise their voice repeatedly? Should not the dalit commission formed for the purpose of securing justice to the dalits speak out? Isn't it necessary for the political parties who claim partisan to the oppressed dalits speak on this issue? Is it also not necessary for the women who occupy half the constellation in the sky metaphorically, and their organisations with different names active against oppression on women speak out on this issue? Why is there need for different organisations and associations with different names if not a word is voiced at such a sensitive stage when Manisha, a rural resident has dared to go knocking doors of the court in protest of her own rape? What needs to be understood and not be frightened off is that Manisha is not a member of any political party. At present, she is just only a Nepali woman, a female existence forced to face rape. The issue of security of that dignity does not limit only to Manisha, it is an issue equally associated with all conscious people. At this time, Parbat District Court is taking statements from the witnesses. The scarecrows in the name of witnesses, it seems are saying, " the alleged rapist is clean, instead Manisha herself is criminal". We can clearly imagine how unfortunate it would be if judgement is made on the basis of statement of these rotten saleable network of witnesses and we can also envisage what fearful lesson will that give to the civil society. It has come to be heard that these sold out attorneys are throwing question after question on Manisha, making her stand for three hours. It seems, those who have uplifted their lives by different illogical reasoning and allegations in the court made efforts to implicate Manisha. For those attorneys who are trying their best to earn through trading the life of an innocent dalit woman, it would be beneficial to think that Manisha is not just one dalit woman discarded in contempt, but also their own sister. The commercialisation of her dignity is going to prove very expensive to all, in times to come and in the long run. Meena Poudel Programme Representative ______________________________ Oxfam GB, Nepal Programme GPO Box 2500, Kathmandu Nepal Shantabhawan, Sanepa Tel: 977-1-536075/527685 Fax: 977-1-523197 ______________________________ ***End-violence is sponsored by UNIFEM and receives generous support from ICAP*** To post a message, send it to: <[EMAIL PROTECTED]> To subscribe or unsubscribe, send a message to: <[EMAIL PROTECTED]>. In the 1st line of the message type: subscribe end-violence OR type: unsubscribe end-violence Archives of previous End-violence messages can be found at: http://www.edc.org/GLG/end-violence/hypermail/
