Certain features are easy to discern when one looks at these individual cases of lynching. All the victims were accused of abducting children. 13 of the 15 victims were Indian nationals. Many of them were said to have been mentally unstable. And all of them appeared to be from economically poor backgrounds. And perhaps most importantly, all these killings happened in the backdrop of the marathon general elections in India.
The larger problem in the Tarai has always been the absence of state, which has only exacerbated in recent times. The presence of the police apparatus in not sufficient since it lacks credibility.
The Indian elections are important in this context because it is alleged that many of the victims who were lynched were people who were ‘dumped’ across the border by Indian security forces for their ‘unwanted presence’ in India during elections. They included people living in squatters, the poor and the marginalized, potential criminals (who, of course, were not in the good graces of the major politicians) and similar assorted types. It is thus no surprise that following the end of the elections, there has been no reporting of such cases. Whether the allegations are true of false, it ought to be investigated as these claims have been made not only by the civil society and political leaders but also by administration officials themselves.
There also appears to be a grave error by the security apparatus in the region. It is alleged that the local police released a general appeal to the people warning them of human trafficking. This could have fuelled the paranoia. Currently, the administration has launched an awareness campaign aimed at dispelling rumors of child abduction. As of yet, only nine people have been charged with human trafficking, as opposed to 15 who have lost their lives due to the rumor. Furthermore, arrests have only been made in two of the cases of lynching.
Despite the severity of the problem, the short-term solution is fairly simple. Form a neutral high-level commission consisting of representatives from the National Human Rights Commission (NHRC), the Ministry of Foreign Affairs (MoFA), the Election Commission (EC), political parties and the security apparatus. After conducting a thorough investigation – particularly focusing on crimes perpetuated during election – hold a bilateral meeting about border security during elections. This should help both Nepal and India during elections in either country. The porous border has been misused to the maximum by criminals (and politicians) during elections in both the nations. As hurriedly as we declared the elections in Nepal free and fair, anyone observing the Terai knows well the severe flaws that were endemic during the elections in the region. How else can one explain the relative lull in armed group activities during the period, apart from those committed by a few politically-motivated groups (who the government has obviously not held talks with)?
However, a word of caution. Central level politicians usually deal with border related problems in black and white. Close the border, they say. It is important that a more nuanced approach is taken. Nepal’s open border with India is an asset and cultural sensitivities are involved. Any policies vis-à-vis the border should be made in close consultation with the local population and political parties.
The trend was started by Gyanendra when he armed local thugs to fight the Maoist insurgency, arming dangerous criminals.
While such a high-level bilateral meeting would be conducive in minimizing crimes during the election, it would not be able to resolve the larger problem – why are people living in central and eastern Tarai districts taking the law in their own hands? Talking to the civil society leaders and journalists of the region, one can easily identify the causes, with there being similar complaints across the spectrum.
The larger problem in the Tarai has always been the absence of state, which has only exacerbated in recent times. The presence of the police apparatus in not sufficient since it lacks credibility, owning mostly to the lack of inclusiveness. The involvement of police in criminal activities, particularly in lucrative border checkpoints, is an established fact. They are also accused of close ties with armed groups. The situation is made worse by the involvement of political parties. Historically, political parties have used criminals for political leverage, including for the rigging of elections. Central level political leaders and ex-ministers are involved. The link between feudal landlords, who evolve into political leaders, and their henchmen, who evolve into criminals, is too obvious to miss.
The culture of impunity continues unabated. A stark example of this has been the release of more than 300 people accused of involvement in the Kapilvastu incident. Apparently, those heinous crimes were politically motivated, and thus, beyond judicial review. This culture of political patronage to criminals has to stop. The trend was started by Gyanendra when he armed local thugs to fight the Maoist insurgency, arming dangerous criminals and giving them immunity. Now, it is the political parties who are supporting these criminals in bargain for power games that are played at the center. The police, of course, either turn a blind eye, or when forced to act, prefer extra-judicial killings (now popularly called encounters), or more simply, just kill and dump the body across the border. The ensuing legalities of those incidents are such that these cases are left uninvestigated.
Looking at the larger picture, the first thing that stands out is that the people in central and eastern Tarai districts have lost all faith in the police. It is up to the police and the government to restore this confidence. This can be achieved only through a truly inclusive security apparatus. Secondly, there has to be an increased focus on intelligence rather than hard force. Not surprisingly, journalists and civil society leaders have been far more effective in negotiating release of hostages than the police have. And lastly, the serious flaws in Nepal’s system – that of political patronage to criminals, of election rigging, of impunity – have to be gradually addressed. These are arduous tasks, but for now, the least the government can do is hold a high-level bilateral meeting with India to search for better and creative solutions to the border security issue. Democracy is functional only when the people can exercise their right to vote and oust those they are unhappy with. With criminals running amok during elections, this fundamental pillar of democracy has been misused. To consolidate our nascent democracy, it is of paramount importance that election-related crimes and violence are adequately addressed.
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