Nepal stands at a crossroads where the constitutional promise of freedom of expression clashes with historical legacies, cultural sensitivities, and government anxieties
In Nepal, speaking out through music and comedy is no longer just about entertainment, it has become a risky act of defiance. Comedians crack jokes that expose social taboos, and rappers spit verses that challenge corruption and injustice. Far from applause, many find themselves facing legal and societal backlash.
While freedom of expression is guaranteed by law, in real life, it clashes with deep-rooted cultural values and a society that is still learning to accept dissent. Consequently, for artistes, the line between creativity and criminality is razor-thin. This article explores why Nepal's comedians and rappers are increasingly targeted, how the idea of free expression is still new and complex in our setting, and what it means for the future of open dialogue in the country.
The right to freedom of expression is guaranteed by the Constitution of Nepal under Article 17. However, it comes with vague limitations. Clauses under Article 17 permit the state to impose laws restricting acts that threaten public peace, national security, communal harmony, or public health and morality. Such ambiguity allows the state to interpret dissent as a threat, often disproportionately targeting artistes.
Historically, Nepal's political landscape has been marked by long periods of authoritarian rule and conflict that severely limited freedom of expression. Under the 104-year-long Rana regime, power was concentrated in a hereditary oligarchy that suppressed dissent through censorship and intimidation, allowing little room for public criticism or political debate. The Panchayat system, a partyless autocratic regime established by King Mahendra, further restricted free speech by controlling the media and banning political parties, criminalising criticism of the monarchy and government policies. Similarly, during the decade-long Maoist insurgency as well, expression was tightly controlled by both the Maoist rebels and the government forces, with journalists, artistes, and activists forced to practise censorship.
These historical events have left a lasting impact on Nepalese society's relationship with free expression. The kind of bold outspoken art that rappers and comedians now practise often critiquing authority, social inequalities and taboos feel uncomfortable, hard to accept and somewhat foreign to many. This legacy of censorship and culture of respect for hierarchy means that open dissent is often met with suspicion or hostility making the space for such expression contested.
Take the case of VTEN, one of Nepal's most popular rappers. His 2019 hit "Hami Yestai Ta Ho Ni Bro" included lyrics about defying norms that sparked controversy, especially when a photo of him in police uniform jokingly rolling weed went viral, leading to his brief arrest and the forced removal of the song. Further, his 2020 release "PARAA" depicted police violence and openly challenged authority, which triggered police action and legal threats. Although VTEN managed to get court protection, the whole experience showed how expressing dissent through art can quickly lead to feelings of powerlessness.
Comedians also face legal risks for their satirical work. In August 2023, stand-up comedian Apoorwa Kshitiz Singh was arrested following complaints about a video in which he made remarks deemed derogatory towards the Newar community. The Kathmandu District Court issued an arrest warrant under Clause 65 of the National Penal Code, which prohibits speech that discriminates or disturbs social harmony. Despite political calls for his release, Singh remained in custody for over a week, and his detention was extended even as concerns about his health arose.
Similarly, in June 2019, comedian Pranesh Gautam was arrested after posting a satirical review of the film Bir Bikram 2. The arrest followed a complaint by filmmaker Milan Chamling Rai and was carried out under the Electronic Transaction Act, a law frequently criticised for restricting freedom of expression online.
This culture of limited acceptance towards free expression has made the government increasingly fragile and reactive. Attempts such as the proposed ban on Telegram, a widely used messaging app, revealed the state's discomfort with platforms that allow unmonitored speech where the government is powerless.
Recently, the government has taken another controversial step highlighting its fragile grip on free expression and privacy. After a six-year pause, the state is preparing a new law called the "National Intelligence and Investigation Bill" that would legally allow intelligence agencies to intercept and record citizens' phone calls and other communications. The draft, currently open for public feedback, expands the powers of the National Investigation Department to monitor communication networks when deemed necessary to protect national security.
This is not the first time such a proposal has surfaced, an earlier attempt in 2019 and 2023 faced widespread public backlash and were shelved. The new bill's broad powers and low thresholds for interception reveal an anxiety within the government to tightly control information and surveil its citizens, reflecting a deeper unease with an evolving society where free speech and privacy are increasingly demanded but remain contested.
Nepal stands at a crossroads where the constitutional promise of freedom of expression clashes with historical legacies, cultural sensitivities, and government anxieties. For rappers and comedians who dare to challenge authority and social norms, creative expression is not just an art but a risky act of resistance. The recurring arrests, censorship, and surveillance proposals underscore the anxiety of authorities when met with challenge, and the fragile nature of open dialogue in the country.
Pant is with Curiosity Learning
