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 Should the perpetrators of Dilshova Slander face Nepal Law - Libel and Slander Act, 2016BS Nepal
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Posted on 03-14-14 1:06 PM     Reply [Subscribe]
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http://www.lawcommission.gov.np/en/documents/law-archives/old-constitutions/func-download/659/chk,37fa2acc6c23ebe8f02b48f3ad95d7af/no_html,1/


According to the Libel and Slander Act, 2016 (1959)


This Act shall extend throughout Nepal, and apply to
all citizens of Nepal wherever they reside.

 Libel/defamation: If a person by way of writing or words or signs
or understandable symbols accuses another person of any charge or
publishes such matter with intent to damage that other person's
character or knowingly or having reason to believe that it will make
such a damage, the person shall be deemed to have libeled that other
person.

No act shall be held to be a libelous act damaging the prestige
of a person unless an allegation is so made directly or indirectly
that it, in the opinion of other persons, undermines the person's
moral or intellectual character or character or reputation
relating to race or occupation or that it, in a believable manner,
indicates that the person's body is in a hateful situation or in a
situation normally considered to be degrading.


Penalties for commission of libel or printing or carving any
libelous matter:
If a person commits the following office, the person
shall be liable to a fine of up to Five Thousand Rupees and may also
be liable to the punishment of imprisonment for a term not exceeding
Two years:
(1) Libeling other person, or
(2) Printing or carving any matter knowingly or have a reasonable
reason to believe that it may result in libel to others.

Penalties for sale of any matter in which any such matter is
printed or carved as may be libelous:
If any person sells any
matter knowingly that any libelous matter is printed or carved in it
and offers the same for sale, the person shall be liable to a fine of up
to One Thousand Rupees and may also be liable to the punishment of
imprisonment for a term not exceeding Six months.

In the event of commission of any act with intent to defame
woman:
If any person, with intent to defame any woman, says
anything in a manner that she can hear or see it or expresses any kind
of word or gesture or shows any article or undermines her privacy,
that person shall be liable to a fine of One Hundred Rupees to Five
Hundred Rupees and may also be liable to the punishment of
imprisonment for a term not exceeding Six months.


 
Posted on 03-17-14 5:15 AM     [Snapshot: 1014]     Reply [Subscribe]
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I don't know why name/fame seeking lawyers are not coming forward. If it was a political they all come forward to handle the case. Why women's rights Organization in Nepal not taking any action ?

Where are all those NGOs who claim to fight for such cases? or they are just politically motivated?

 
Posted on 03-17-14 6:08 AM     [Snapshot: 1020]     Reply [Subscribe]
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Yes they should have been charged.There is a law for it and she can easily do it.The only person to charge such a case against the newspaper that came up with such a stagnant news is madam Dilshova herself and without her permit,no one can file a case in this subject.....but she is silent!.Almost all media person know the laws about what to print and what not but they too, are silent...Either the blame is true; if not, why is she not pursuing help from the court to clear the air;or,after such a heinous publicity,she has lost faith in humanity and now gives dam to all and is in "leave me alone for some days" situation.Either way,this case is one of a kind and with such a samaritan in question..she definitely should come front and file a case against them and help punish the blind editors who casually print anything they wish,which is then read as a truth by public.She should go to court for other's sake as well, as, not only it is a matter of a lady who is helping poor and old but also about all the NGOs and INGOs that are operating freely in the country.People need answers.If both parties remain silent without doing anything in this case,it will only brew more doubts among people and people will definitely think twice,will look from head to toe,will be suspicious whenever they see any social worker;no matter how great he/she is.
 
Posted on 03-17-14 11:40 AM     [Snapshot: 1261]     Reply [Subscribe]
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Posted on 03-17-14 12:05 PM     [Snapshot: 1284]     Reply [Subscribe]
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I'm more interested if they can really prove that she sold kids overseas. Trafficking is a very complicated and risky business and needs lots of connections and only the few ultra smart can pull such things. News media make it sound as if it was like selling a cake. From what they say, it seems they know who and where those kids are now. Let us hear the story from them. If they cannot prove it, then it just an accusation and should be punished from top to the bottom. They should be fined, jail term and their family needs to face the same humiliation as Dil Shova. That will scare the others.
Those who think NGOs should come together and help her, you're simply dreaming. They are all business and in fact might be enjoying this whole drama, more opportunity for them if she fails.

 
Posted on 03-17-14 1:29 PM     [Snapshot: 1318]     Reply [Subscribe]
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Vhootee, I understand your concern and I agree that you have a valid concern there if the whole thing had started off as an issue whereby Dilshova was accused of selling kids overseas.

Unfortunately the whole thing started off as a slanderous pursuit by the journalists involved, and not about Dilshova selling kids overseas.

Let me repeat my stance on this issue:

As you may be aware, the whole thing started with this sensationalized news:

http://nagariknews.com/feature-article/story/14204/14204

Which starts off saying:

"काठमाडौं- ‘आमाघर'को नाममा वृद्धा र अनाथ बालबालिकाको स्याहारसुसार गरेर चर्चामा आएकी समाजसेवी दिलशोभा श्रेष्ठ ‘आश्रयको आवरणमा यौन दुराचारका क्रियाकलापमा संलग्न रहेको' तथ्य फेला परेको छ। उनको आश्रममा वृद्धासहित ५३ बालबालिका छन्।
उनले राजधानीको रविभवनस्थित आफ्नो वृद्धाश्रममा रहेकाहरूलाई पैसा लिएर अर्काको घरमा काम गर्न र रात बिताउन पठाउँदै आएको नागरिकलाई प्राप्त अडियो रेकर्डबाट खुलेको छ।... "

The whole premise of this accusation is slanderous since the journalist has found her to be guilty of यौन दुराचार based on that audio recording, and the truth about that audio recording has been revealed to be a harmless conversation which was taken out of context by the journalist to create the sensationalized news.

The media is supposed to bring out information to the general mass, but when a media stoops low enough to target an old woman who's trying her best to keep old helpless people and kids off the street into her own home, with unverified, fictitious evidence, used solely to tarnish her good name and sell their paper, then it is upto the concerned people like yourselves to make your voice heard that this kind of media bullying is not something that should be tolerated in today's day and age of democracy, culpability, credibility and transparency.
 
Posted on 03-17-14 1:46 PM     [Snapshot: 1329]     Reply [Subscribe]
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Neo,
To add to the point, I sense more than trying to sensationalize their news. It's a deep rooted and non-talked about hatred towards Christians. We need to really search our soul if we are a tolerant society as we claim. Everybody has the right to choose the religion they believe in. Why are other NGOs who are knee deep in corruption and mismanagement not targeted? ..... is my question. It's obvious Dil Shova becoming famous, making some money were not the issue like any other NGO. But when they realized she is a Christian, they couldn't stand it. Let's be honest, it is one of the factor if not THE factor.

 
Posted on 03-17-14 1:57 PM     [Snapshot: 1349]     Reply [Subscribe]
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Vhootee, I appreciate your opinions.

Personally, however, i will not assume that the initial news in question had anything to do with religion. It is possible as you pointed out but there is no evidence to point that out. However it is very clear and transparent that a case of slander and libel has been committed against Dilshova and we need to make sure such things do not happen to ordinary citizens just because few journalists operate without any concern for individual respect or respect to the institution of journalism.
 
Posted on 03-18-14 1:54 PM     [Snapshot: 1944]     Reply [Subscribe]
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I don't think Dil Shova will sue to the journalist or the media that published the news.   What I sensed aftermath appearance of her in the news is that she is only challenging the authority that if it can prove the accusation of "yon durachar"! Moreover, she is not of the nature who troubles others with lawsuits, etc.

Even if she files a lawsuit, the monetary compensation per the law of land may be very very nominal, as spelled in the 2021 Muluki Aiin i.e., something like Rs 1,500 or six months of jail, etc..... Not sure if things have changed much since then. But, as for example, last time SSP Kharel booked few dons and they were released at a bail bond of nominal amount couple of thousands rupeeya... The monetary compensation may not be worth of the cost of legal battle for her.... If it were in the West, the defendants would have to loose fortunes! The justice system in the country is still budding and yet to mature....
Last edited: 18-Mar-14 01:58 PM
Last edited: 18-Mar-14 01:58 PM

 
Posted on 03-19-14 1:56 PM     [Snapshot: 2161]     Reply [Subscribe]
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Anybody knows for sure which org/group is investigating the charge? Where are they in their investigation and when are they planning to publish the results?

I think Nagariknews and its editor(s) are hoping that their fiasco just dies down and no one will remember it in few months. I mean really hoping.....
 


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