Two jailed for 17 years (The Kathmandu Post)

Two jailed for 17 years

The Kathmandu Post

Kathmandu, Dec 02

The Kathmandu District Court on Monday slapped 17-year jail on two individuals for molesting orphans sheltered at Bal Mandir, a non-government network of orphanages across the country.

A single bench of Justice Pashupati Acharya convicted Rabin Shrestha, former head of adoptions at Bal Mandir, and Rabin Chalise, a former student who ran a Youth Club at the shelter, for sexually exploiting the minors there. Both will be locked up for 16-and-a-half years. The three victims also stand to receive Rs 100,000 each in compensation.

The duo has been in police custody since June 17. Initially, the case was handled by the Central Investigation Bureau of Nepal Police. The CIB probe showed that the duo molested the girls on numerous occasions. Medical reports and victims’ statements had clearly suggested that the girls were raped.

Activists from Action for Child Rights International-Nepal had presented testimonies of the abused to the CIB. In the complaint, they had said Shrestha and Chalise raped and molested the children, two of them autistic, repeatedly.

Almost one-and-a-half years ago, a visually impaired girl adopted by a foreigner had complained of similar sexual harassment by Shrestha. When her mother tried to file a case, she was barred citing the 35-day statute of limitations. Following the incident, the Forum for Women, Law and Development has filed a case in Supreme Court seeking a change in the 35-day time limit and action against Shrestha in the case.

Posted on: 2014-12-03

http://np.ekantipur.com/the-kathmandu-post/2014/12/02/top-story/two-jailed-for-17-years/270357.html


For more on Rabin Shrestha & Rabin Chalise, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445


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Two orphanage workers jailed for raping autistic girls (The Himalayan Times)

Two orphanage workers jailed for raping autistic girls

The Himalayan Times

AGENCE FRANCE PRESSE

2014-12-02

KATHMANDU: A court has jailed two men who worked at a prominent orphanage in Kathmandu for repeatedly raping three autistic girls in their care, an official said today.

A judge at Kathmandu District Court found the two men guilty of rape yesterday evening in a fast-track case that has cast a spotlight on Nepal’s massive orphanage industry.

“Justice Pashupati Acharya has sentenced Rabin Shrestha and Rabin Chalise to 16 and a half years of imprisonment each,” said court Spokesman Shree Prasad Sanjel. “He also ordered both of them to give 100,000 rupees as compensation to each of the victims,” Sanjel told AFP.

Shrestha, 43, worked as head of adoptions at Bal Mandir orphanage, while Chalise volunteered as a fund-raiser for the institution. The girls, aged 13, 14 and 15, complained to a rights group which alerted police in June to the attacks.

Activist Salina Tamang, 29, whose group Action for Child Rights International pushed the case, said the verdict sent a clear warning to other orphanage employees against wrongdoing. “We are happy with the court’s decision...I believe this verdict can be a lesson for those working at other orphanages in Nepal,” she said.

The defendants’ lawyer, Ganesh Adhikari, told AFP that he planned to file an appeal at a higher court within a month.

The case underscored the problems facing Nepal’s orphanages, some of which have been hit by allegations of sexual abuse, corruption and fraud in recent years.

Nepal has 797 orphanages, according to official records, but activists claim the actual figure is much higher, with employees passing off children — whose families are cheated into sending them to the centres for a good education — as orphans in a bid to raise donations.

“Many orphanages here are unregulated and unregistered... the government should draw up a serious action plan to monitor these institutions so such incidents are not repeated in the future,” Tamang told AFP.

Police in February arrested the owner of Kathmandu’s Happy Home orphanage on charges of fraud, kidnapping and torture. In August 2012 British charity worker Simon Jasper McCarty pleaded guilty to sexually abusing three boys he met in Kathmandu.

http://www.thehimalayantimes.com/fullNews.php?headline=Two+orphanage+workers+jailed+for+raping+autistic+girls+&NewsID=435570


For more on Rabin Shrestha & Rabin Chalise, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Former Bal Mandir officials convicted of raping three autistic minors (Republica)

Former Bal Mandir officials convicted of raping three autistic minors

Republica

Kamal Pariyar

KATHMANDU, Dec 3: The Kathmandu District Court on Monday convicted two former employees of Bal Mandir on the charge of repeatedly raping three autistic minor girls.

According to the Kathmandu District Court Registrar Shree Prasad Sanjel, a single bench of Justice Pashupati Acharya issued the verdict sentencing the two to sixteen and a half years in jail along with a fine of Rs 100,000 each.

The two convicted are -- Rabin Chalise, 29, chairman of a club of former NCO students and Rabin Shrestha, 43, former employee who headed the adoption department. “The two have been sentenced to sixteen and a half years in jail,” Registrar Sanjel said.

The two convicted had easy access to Bal Mandir, which is also known as Nepal Children´s Organization (NCO), one of the country´s oldest orphanages in the country.

The girls aged 13, 14 and 15 years had complained of being raped on June 14 this year. Following the complaints, the girls were rescued by child rights activists on June 17 from Bal Mandir with the help of Central Investigation Bureau (CIB). The two were arrested on June 20, 2014.

“The charge against them has finally been proven and we hope it would be a good lesson to other orphanages in the country,” Rama Shrestha, a lawyer, who fought the case for the victims, said.

Earlier, CIB under the leadership of DSP Kiran Bajracharya had found that the three minor girls were sexually exploited.

The minors were later shifted to CIWIN, in coordination with the Central Child Welfare Board (CCWB), from the Bal Mandir after an NGO, Action for Child Rights International (ACRI), made a complaint to the police.

ACRI Country Director Salina Tamang expressed happiness over the court´s verdict.

Published on 2014-12-02

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=87830


For more on Rabin Shrestha & Rabin Chalise, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Nepal Children's Organization -- NCO/Bal Mandir child rapists sentenced to 16 years in prison

Nepal Children's Organization -- NCO/Bal Mandir child rapists sentenced to 16 years in prison

From -- Action For Child Rights International (ACR-Int):

BREAKING NEWS: WE WON THE CASE AGAINST THE EX-EMPLOYEE AND EX-STUDENT OF BALMANDIR!!!

Case sexual of 3 minors

The judge, Honorable Pashupati Acharya, gave the final verdict on the case of three minors from Balmandir who were sexually abused by an ex employee and ex student. Both have been found guilty and have received 16 years imprisonment and in total each will pay Rs. 100,000 each to the three victims in compensation. We are extremely happy that the girls have been done justice by the court and we would like to thank FWLD, CWISH, CWIN and LACC for their support in this case. The girls can finally feel safe and hope that this will bring some relief for the pain and nightmares they went through. We will follow up the victims the best we can and make sure they receive appropriate guidance. We want to thank especially every person and organisation who showed their support towards the victims! We can't express how happy we are with this result!

http://www.acr-int.org/index.php/en/


For more on Rabin Shrestha & Rabin Chalise, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Nepal Children's Organization (NCO/Bal Mandir) -- CIAA files forgery case against former section officer

Fake credential case

The Himalayan Times

KATHMANDU: The Commission for the Investigation of Abuse of Authority on Friday filed a fake credential case against Rabin Shrestha at the Special Court. The anti-graft body said that Shrestha, then section officer of Nepal Children’s Organisation, submitted a fake academic certificate of ‘Intermediate Level (ISc) acquired from Bihar Intermediate Education Board, Patna, India in 1995. The CIAA has demanded action against him as per Section 16(1) of the Prevention of Corruption Act, 2002.

http://www.thehimalayantimes.com/fullNews.php?headline=IN+BRIEF&NewsID=432049#sthash.kjb7tjfn.dpuf


CIAA files forgery case against former section officer  

Republica

KATHMANDU, Oct 31 : The Commission for the Investigation of Abuse of Authority (CIAA) has filed a forgery case at the Special Court against, former Section Chief Rabin Shrestha at Nepal Bal Sangathan on Friday.

Issuing a presss tatement the anti-graft body has charge sheeted Shrestha for submitting fake and forged certificate of Intermediate Level (I. Sc), acquired from Bihar Intermediate Education Board, Patna, India in the year 1995 AD for the purpose of promotion.

The Commission has sought maximum punishment under sec 12 and 29 of the former Corruption Control Act, 1961 and sec 16(1) of prevailing Prevention of Corruption Act 2002.

Published on 2014-10-31 19:07:56

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=85726


For more on Rabin Shrestha, see Pound Pup Legacy:

Nepal Children's Organization (NCO/Bal Mandir) -- child trafficking, corruption and sexual abuse

http://poundpuplegacy.org/node/73445


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Republica -- Bal Mandir minors 'sexually exploited repeatedly'

Bal Mandir minors 'sexually exploited repeatedly' 
 
Republica

Kamal Pariyar

Involvement of accused yet to be verified

KATHMANDU, July 9: On the basis of medical examinations, the Central Investigation Bureau (CIB) of Nepal Police on Wednesday submitted its investigation report to Kathmandu District Attorney with testimonies that three minor girls, students at Bal Mandir, were sexually exploited repeatedly. 

"After a three-week intensified investigation, we have submitted our report with all the testimonies and handed the two accused over to the charge of attorneys for further legal action," SSP Uttam Karki, Acting Chief of CIB, said. "The minors were sexually abused to the full over and over again,” a police source said citing the investigation report. 

Police had arrested the two individuals previously associated with Bal Mandir, also known as Nepal Children´s Organization (NCO), one of the country´s oldest orphanages, and they were remanded to police custody for investigations into rape charges made against them by three minor girls, who are now at a different orphanage. 

It has also come to light that the three girls were medically examined on October 10, 2013 at Patan Hospital. The hospital report also stated that the girls had been sexually abused since one year back.

“I knew that a medical examination was carried out by the then NCO Board, which has now collapsed, but I am sure such alleged abuse never took place within the compound of the Bal Mandir,” Subash Pokharel, general secretary of NCO, said.

There were many minor students that leave the Bal Mandir in the morning for studies and return in the afternoon, General Secretary Pokharel said adding that there were chances of their being abused while they are outside but not while inside the compound. 

CIB had arrested a former NCO student and a former NCO employee -identified as Rabin Chalise and Rabin Shrestha - after the three minor girls living at the Naxal Bal Mandir complained of being sexually exploited. CIB, in coordination with the Central Child Welfare Board (CCWB), had shifted the three girls, who are below 15 years of age, from the Bal Mandir after an NGO, Action for Child Rights International (ACRI), drew the attention of police to the matter. 

During the police investigation, the minor girls said they would be lured with sweets and had been facing exploitation for a long time, according to police. Though the sexual exploition has been proved medically, the involvement of the accused is yet to be verified medically, a police source said.

Chalishe, the chairman of a club of former NCO students, and Shrestha, a former employee, had easy access to the Bal Mandir orphanages but they have been denying any involvement in abuse.

If the accused are proved guilty, they should be duly punished and long-term arrangements made for the education and future safety of the victimized girls, said Salina Tamang, country director of ACRI. 

Students of Bal Mandir last week protested against the public exposure of the 'sexual abuse' charges while CIB investigations were still under way. Police personnel involved in the investigations said Bal Mandir staff were indifferent to the investigations and ignored the complaints of the victims.
 
Published on 2014-07-10

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=78670


For more on the scandal, see Pound Pup Legacy:

Nepal -- Rabin Shrestha (alleged child rapist) & Action for Child Rights International

http://poundpuplegacy.org/node/72721

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Child predators: Even compared to recent scandals in children’s homes, allegations of abuse at Bal Mandir are shocking (Nepali Times)

Child predators: Even compared to recent scandals in children’s homes, allegations of abuse at Bal Mandir are shocking

Nepali Times

4-10 July 2014

Sunir Pandey

When Sarah Robinson first came to Nepal with her son and niece in 2009, she took time out from sightseeing to visit Bal Mandir in Naxal. At the squalid state-run orphanage, Sarah’s niece happened to pick up a five-year-old blind girl. Sarah, a special-needs teacher back in the UK, decided to adopt the child.

Two years later, Sarah was back in Kathmandu to begin the lengthy and difficult adoption process. Whenever she visited Bal Mandir, the girl’s caretakers would warn her saying the child had “bad karma”, but Sarah was determined to adopt the girl, whom she now called Hope.

One day Hope’s caretaker told Sarah she had spotted blood in the child’s underwear. Both assumed it was diarrhoea. But after examination, doctors at the TU Teaching Hospital said Hope had been raped. When they questioned her, Hope told them she and “Rabin uncle” loved each other.

Rabin Shrestha was in charge of adoptions when Sarah applied for papers for Hope. “I tried to adopt her, but Shrestha told me I couldn’t do that. He wanted me to sponsor her instead and told me I would get a decision after she turned 16,” Sarah told Nepali Times.

It had already crossed the 35-day statute of limitation on rape when Sarah finally filed a case against Shrestha (she was afraid he could deny her Hope if she accused him) so she only filed an FIR with police on grounds of sexual abuse. Shrestha was issued a warning in 2012, but not arrested.

On 16 June, Rabin Shrestha, now an ex-employee since a year and a half, and Rabin Chalise, an ex-student who ran a youth club at the shelter, were arrested by the Central Investigation Bureau (CIB) again after child rights activists presented new evidence of repeated rape and abuse of other girls and boys at the orphanage.

According to the testimony of three autistic girls, the men would introduce themselves to the children as Bollywood film stars Amitabh and Abhisek Bachchan and would lure them into drinking alcohol and watching pornography before abusing them, the latest incident occured three days before their arrest.

They would organise ‘wedding ceremonies’ every Saturday and dress the girls in red saris and have them dance to brass-band wedding music. One of them would spray water on the girls, who would then be forced to take off their wet clothes. This occurred during the afternoons, when Shrestha got a free pass at the orphanage. In the evenings, Shrestha used to take the children to a bar in Thamel where they were groomed to be prostitutes, according to children’s accounts.

These detailed testimonies were presented to the CIB by child rights activists from ACR-Int (Action for Child Rights International). The evidence was cross-checked for veracity, and was so compelling that Shrestha and Chalise were arrested right away, while a third man was questioned but couldn’t be detained because of lack of evidence.

Lawyer Sapana Pradhan Malla, who is fighting Sarah’s case, says this new evidence might help them get the Supreme Court to order the police to register and file a rape case against Shrestha. They have also listed five other pleas: amendment to the 35-day limit, a mandamus order to not dismiss the case, to teach children about sexual abuse, to set up a child-abuse monitoring system at Bal Mandir and for the Central Children’s Welfare Board to come up with a manual for regulation. A hearing scheduled for 3 July at the SC was again postponed to 3 December.

Shrestha and Chalise, both right now in police custody, have denied the allegations against them. We asked Subash Kumar Pokharel, General Secretary of Bal Mandir, how an ex-employee could go in and out of Bal Mandir, but he was evasive.

Instead, he accused ACR-International of using Bal Mandir’s children against the institution that protected them. Some Bal Mandir alumni also protested outside the office of ACR-I in Kuleswor on Wednesday accusing activists of using the case for fund-raising.

“Since the police are investigating this case, I don’t want to say anything and influence their decisions. But we have written to them that we will fully cooperate with the investigation,” Pokharel told us.

The CIB refused to comment because it said investigations were ongoing. It has until 10 July to file a case, after which Shrestha and Chalise will have to be released.

Names of Sarah and Hope have been changed for safety and privacy reasons.



________________________________

Sacred to profane

Established in 1964 to take care of orphans and abandoned children, Bal Mandir was a powerful institution with royal patronage. With Queen Ratna at the helm, it put together buildings and 50 ropanis of property which are now prime real estate.

Administered by the quasi-NGO, Nepal Children’s Organisation (NCO), Bal Mandirs across the country today take care of over 600 children in 11 homes. Since the loss of its royal backing, the NCO has been plagued by political interference and corruption. Its buildings and property have been leased out to private individuals, amidst allegations of huge kickbacks to political appointees in the NCO.

In 2011, the Public Accounts Committee of the legislature parliament ordered the NCO to systematise its lease process. Seeing the conditions at Bal Mandir, the Australian charity Mitrataa Foundation agreed to manage the orphanages for five years in 2009, but pulled out within 12 months because of widespread corruption and mismanagement at the NCO.

‘We had to cancel the project as we were not confident that we would be able to deliver on the objectives without risking Mitrataa’s reputation as an organisation that refuses to pay bribes,’ the charity says in an online post. One former Bal Mandir employee says the shelter has been involved in “selling babies” in the guise of adoptions, with its managers taking a cut.

When allegations of child trafficking made international headlines, the government suspended inter-country adoptions in 2007 before lifting the self-imposed ban in 2009. In February 2010, the Hague Conference on Private International Law, released a report saying Nepal’s adoption system had gross irregularities and fell short of Hague Convention standards. Among other recommendations, the report advised better regulations of children’s homes and elimination of ‘financial gain from inter-country adoption’. Eleven countries including the US and UK then banned adoptions from Nepal.

The NCO’s Subash Kumar Pokharel denies all allegations of corruption and abuse. He says: “There is no other orphanage in Nepal better run than Bal Mandir. If any one finds proof of corruption or abuse, I will resign.”

Read also:

Child predators detained, Sunir Pandey and Trishna Rana

(Un)happy homes, Sunir Pandey

Selling sympathy, Bhrikuti Rai

At the mercy of mercenaries, Trishna Rana

From Nepali Times:

http://nepalitimes.com/article/nation/bal-mandir-rape-allegations,1495

For more on the scandal, see Pound Pup Legacy:

Nepal — Rabin Shrestha (alleged child rapist) & Action for Child Rights International

http://poundpuplegacy.org/node/72721

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/