Columns
Rape culture: Review long overdue
We must build an environment where victims are empowered and supported to speak up and stand for the truth.Shrochis Karki
The Nepali cricket team’s second-ever T20 World Cup should have been a moment of joy but has turned into a dark crisis.
But first, some introductions.
Ever since I can remember, playing and watching cricket have been important parts of my identity. I have followed with joy the rise of Nepali cricket over the last 20 years. I am what you might call a fanatic. I never miss any Nepal match if I can help it, be it a friendly with a local club in India, a crunch qualifier against one of our nemesis associate nations, or a World Cup match against a Test nation. It does not matter what time zone a match is being played or where I am.
I have also followed Sandeep Lamichhane’s career closely. He put Nepali cricket on the international map, and whether he played for the national team or some local T20 franchise, I tried to find a working link to be able to watch him play.
I am establishing these credentials first because I expect fellow passionate Nepali cricket fans will rush to dismiss what comes next. But I want you to know that I love Nepali cricket just as much as you do, and so this is not part of some conspiracy to discredit Sandeep or Nepali cricket. Quite the opposite: I care about Nepali cricket too much to stay silent. At a time when populist stunts are rife, it feels necessary to speak truth to power, as an expression of love.
Custodians of rape culture
Much has been written about Sandeep’s Gaushala-26 rape case. As a rule of thumb, I choose to believe victims. The harassment she has faced—which culminated in her suicide attempt—beggars belief. She has remained steadfast against all pressure, rejecting advances to “settle” the case. It is hard to imagine why else anyone would willingly subject themselves to such inhumane treatment.
This reflection, though, is not just about whether Sandeep raped Gaushala-26. My focus here is to examine Sandeep’s case as a textbook example of how our institutions perpetuate rape culture, where sexual abuse and violence are normalised.
Custodian 1: The fans
Ever since Sandeep has been accused, the vast majority of his fans have taken to social media to defend him, as well as to defame the victim. Perhaps it is no surprise in a deeply patriarchal society in the grips of populism, where hero worship has taken new heights. Sandeep is a hero to many, and apparently he can do no wrong. Or, even if he wrongs, he is still above the law because he can bowl a mean googly, and that’s what matters.
These fans- mostly but not exclusively young men- are vocal in their support for Sandeep. Even when he was a convicted felon, never mind when he was just accused of being a rapist- that too potentially of a minor- cricket mattered more to his devotees. Such craze toward their favourite cricketer substantially sustained a rape culture where allegations of sexual abuse were relegated to oblivion. When an overwhelming, assertive, visible, and vitriolic population aggressively downplays rape charges, it extinguishes any hope victims might have in their elusive quest for justice.
Custodian 2: The courts
Every level of the court system has already weighed in on Sandeep’s case. The Supreme Court—in its infinite wisdom—allowed him to represent the national team and travel abroad while on trial for rape charges. Along with the Prime Minister, who found it fitting to felicitate Sandeep in the middle of his trial, the Supreme Court’s tacit endorsement of Sandeep has made a mockery of victims’ rights and cemented rape culture as the established norm in Nepal.
The Kathmandu District Court was at least bold enough to convict Sandeep of rape, though it did not find the victim to be a minor, which would have led to more significant consequences for Sandeep. Knowledge sources had commented then that this was already paving the way for a successful appeal later, which soon came to pass. The High Court overturned that conviction, acquitting Sandeep of all charges. Almost instantaneously, the fans came out in droves and celebrated that decision. Social media is swarmed with comments about how if Sandeep was punished when convicted, he should be reinstated immediately now that he is acquitted.
It is an open secret that the judiciary- like many other institutions in Nepal- is compromised. Power and privilege run deep, and decisions are not just made on the merits of the legal argument. To all the fans now celebrating Sandeep’s acquittal and making that the basis for his rehabilitation, I have just one question: If you are from a poor family and if your loved one is sexually assaulted by someone rich, powerful, or politically connected, do you genuinely expect our judicial system to impart justice and punish the perpetrator? Take a moment, put yourself in the shoes of Gaushala-26’s family, and reflect on this question. If you honestly believe that justice would be served, I have a bridge to sell you.
Custodian 3: CAN and the cricketing fraternity
The Cricket Association of Nepal (CAN) has towed a fine line, appearing to uphold the law in the strictest sense. As soon as Sandeep was convicted, CAN suspended him from all cricketing activities. He was only reinstated after he was acquitted by the High Court.
Dig a bit deeper though, and rape culture rears its ugly head. Even while facing serious rape charges, CAN was not compelled by any sense of morality to prevent him from representing Nepal. Within moments of the High Court’s acquittal, CAN officials rushed to announce that Sandeep had been reinstated. They went above and beyond to lobby the US Embassy to grant him a visa on time. When that failed, they facilitated his travel to St. Vincent and the Grenadines for him to play the remaining matches. They have lobbied the International Cricket Council to ensure his inclusion while sacrificing another player from the squad.
To be sure, CAN has faced incredible scrutiny and received intense pressure from “the fans” to back Sandeep. Yet, the rush to not only rehabilitate but actually elevate Sandeep demonstrates that CAN only saw the case as a nuisance. Even if the legal burden of proof might not have been met, CAN could and should have investigated whether Sandeep met the national team’s code of conduct, as has been customary in similar cases around the world. It should have taken time to study the decision, and it could have waited for the legal process to reach its logical conclusion; it is all but certain that a Supreme Court appeal will follow.
What CAN has not done speaks volumes of how rape culture is sustained in Nepal. To my knowledge, no official has spoken publicly about whether Sandeep’s actions violated the expectations placed on national players, or expressed concern or solidarity for the victim. The reasons for Sandeep’s absence have been conveniently ignored, as if he has simply been on holiday or nursing a minor injury. Just as his absence was unexplained, so too has his return been left ‘unsaid’. The gaslighting of the entire saga shows the contempt with which the issue is treated in Nepal.
The wider cricketing fraternity—which includes players, former players, coaches, commentators, sponsors, and officials—has, at best, adopted a veil of silence or, at worst, come out publicly in Sandeep’s support. Respected national and international commentators have found it convenient to use phrases such as “Sandeep is not available” when away and “Sandeep, the talisman of Nepali cricket, is back” now, without any mention of the dark context. A moment to engage with and educate a whole nation on how to take rape charges, and its victim, seriously has been left unaddressed. Because, of course, cricket comes first.
A naïve hope
I expect the backlash to this piece to be swift and severe. It feels poignant that I am travelling to watch Nepal play in the World Cup in the very matches Sandeep will now play. But his celebrated return has filled me with dread, anxiety, and disgust, to the point that I do not know how to support my beloved team anymore.
Spare a thought for Gaushala-26 and for all victims of rape and rape culture. Regardless of the legalese, we must strive to build a culture where victims are empowered and supported to speak up and stand for the truth.
Nepali cricket has always found a way through adversity, often miraculously. Our obsession with star power must be replaced with a focus on the role cricket, and citizens, should play in sustaining a culture of accountability and respect for victims. As amazing as it is, cricket is still only a game and must become a vehicle for good, not evil.