Editorials

Between January and March of 2024, a total of 1,943 instances of human rights violations and abuses were documented. Within this timeframe, 22 individuals, comprising three women and 19 men, were victims by state party. One individual succumbed to injuries inflicted by state-fired bullets, leading to two arrests, while 15 others endured physical assault. Moreover, throughout this period, records revealed 1,716 cases of human rights abuses attributed to non-state actors, impacting the lives of 1,014 men and 716 women. Additionally, seven distressing incidents involving the destruction of physical infrastructure and property were recorded. Furthermore, the period witnessed 49 instances of inhumane conduct perpetrated by non-state actors, along with four abductions, 59 assaults, and five cases of caste-based discrimination, affecting individuals across various demographics. 89 individuals, comprising 56 women and 33 men were victim to homicides perpetrated by non-state actors.

Some Major Incidents

Killing

Jaishankar Shah, 31, of Barathawa Municipality-6, Sarlahi lost his life on January 5, 2024 due to a bullet fired by the police. The  clash between the protestors and the police  occurred on January 5 after the activists of Nepali Congress pelted stones at the office of Barhathawa Municipality and the residence of Kalpana Kumari Katwal, the Municipal Chief. They attempted to set fire to these buildings during a dispute over the upgrading of the primary health center in Barhathawa Municipality. DSP Ganga Bahadur Thapa of the Area Police Office Barahathawa said that 12 Police personnel were injured in the incident. The injured are 32-year-old Assistant Constable Suresh Shah, 31-year-old Rajesh Prasad Yadav, 29-year-old Muktinath Bamasa, 31-year-old Arjun Kumar Paswan, 28-year-old Sushil Mahato, 29-year-old Bipin Shah Teli, 32-year-old Police Assistant Sulochan Kumar Yadav, 34-year-old ASI Bhikhari Yadav,  Arjun Kumar Shah,33, Sajandej Raya,29, 28-year-old Sonelal Yadav, and 31-year-old Dukhan Yadav. Inspector Baniya informed that the injured were treated at Malangwa Provincial Hospital. However, ASI Dukhan Yadav was treated at Birgunj National Hospital and was subsequently taken to Bir Hospital in Kathmandu from January 5 to January 9. Regarding the incident, the Ministry of Home Affairs formed a three member investigation committee on January 6 under the coordination of Secretary of the Ministry of Home Affairs, Thaneshwar Gautam. The committee included Surendra Mainali the Deputy Inspector General of Police and Bhim Bahadur Budhathoki, the Director of the National Investigation Department. Additionally, the Ministry decided to submit an investigation report with facts within seven days. The clash was generated after the protestors pelted stones at the Area Police Office in Barathawa on January 7 in protest against the police firing bullets on January 5.

Inspector Baniya informed that, DSP Ganga Bahadur Thapa, 41, of Area Police Office, Barhathawa, 33-year-old Police Senior Head Constable Mohan Yadav of Dhanusha Janakpurdham Sub Metropolitan City-7, 32-year-old Akash Yadav, 31-year-old Mangale Tamang of Tanahun, 29-year-old Bablukumar Thakur of Parsa, 30-year-old Bir Bahadur Shah, 31-year-old Nabin Kumar Pandit, 31-year-old Ramgulam Yadav, 30-year-old Devram Yadav, 31-year-old Kailash Chaudhary of Kalaiya Municipality-6, Bara, 32-year-old Arjun Gurudhami of , Kamalamai Municipality-4, Sindhuli, 31-year-old Dhiraj Prasad Gupta, 32-year-old Sudhir Yadav, 32-year-old Ashok Pandit, 33-year-old Kisan Shah of Gaur Municipality-8,Rautahat, 29-year-old Ajay Kumar Paswan of Rajbiraj Municipality-6, Saptari, and 28-year-old Shyam Sundar Mahato were involved in the clash.

Furthermore,the injured police officers were treated at Malangwa Provincial Hospital on 7 January. The victim’s family stated that the body of the deceased was taken to the Provincial Hospital for a post-mortem after an 11-point agreement was reached between the Police Administration, Political Parties, and the victim’s family on 7 January.

Beating 

Mahesh Prasad Yadav, 49, Education and Culture Minister of Rajbiraj Municipality-9, Maleth, sustained head injuries due to police baton charge during the foundation laying ceremony of the Madhesh Agricultural University in Rajbiraj Municipality-13,  Bisahari, Saptari on 22 January.  The protest was generated with the leadership of Yadav, also the vice chancellor of the University, against the work of the building going ahead without informing the Vice-Chancellor.

During the baton charge, MPs from Madhesh province including 41-year-old Satish Kumar Singh of Koiladi Rural Municipality-4, 34-year-old Ranju Kumari Mandal Khang of Saptakoshi Municipality-9, Bhagyashree Kumari Chaudhary, 29, of   Mirchaiya Municipality-10, Siraha were also injured. Additionally, Additionally, Bhupendra Prasad Yadav, 47, of Rajbiraj Municipality-9, Sachitananda Yadav, 28, of Rajbiraj Municipality-11, Pappu Yadav, 28, of Rajbiraj Municipality-11, Anil Kumar Panjiar, 31, of Kanchanrup Municipality-1,  35-year-old Rosi Singh, 33-year-old Samjhana Rana Chaudhary of Kanchanrup Municipality-11, 40-year-old Amarendra Yadav of Dakneshwari Municipality-5, 38-year-old Anil Kumar Yadav of Dakneshwari Municipality-6, Bibek Yadav, 32, of Dakneshwari Municipality-6, Devnarayan Yadav, 31, of Balan Bihul Rural Municipality-3, Hanuman Malaha, 70, of Mahadeva Rural Municipality-1, Hanuman Mukhiya, 54, of Mahadeva Rural Municipality-3, Pramod Ishar, 37, of Mahadeva Rural Municipality, 54-year-old Umesh Raya of Tilathi Koiladi Rural Municipality-5, 28-year-old Surendra Yadav, Ramsharan Mahato, 30-year-old Nirmal Mandal of Mirchaiya Municipality-10 of Siraha, along with bodyguards of Minister Yadav  were slightly injured by the baton charge. They were subsequently treated at Gajendra Narayan Singh Hospital Rajbiraj on January 22.

Education Minister Yadav had issued a notice on the letterpad of the Ministry of Education and Culture on January 21 to postpone the foundation laying ceremony which was scheduled without informing him. In addition, the Janmat Party, affiliated with the minister, also initiated a lockdown at the university office in Rajbiraj Municipality-3. They presented seven demands during this protest. Despite the protests and controversy, the foundation laying ceremony was proceeded by Chief Minister Saroj Kumar Yadav and Upendra Yadav, Chairperson of The People’s Socialist Party.

Child Right

As per the report of child rights violations and abuses, 265 children were victimized by non-state actors. Among them, it was reported that eight were victims of child marriage, four faced physical punishments in schools, 168 experienced sexual assault, 69 suffered from sexual harassment, 11 were victims of trafficking and exploitation, one was kidnapped, one was engaged in child labor, and three were victims of attempted killing.

Clash in Child Reform Home

In Pokhara Metropolitan City-18, Sarangkot, three boys aged 15, 16, and 17 were injured during a clash among children at the Child Reform Home. The altercation happened on February 17 when disputes arose among the boys residing in the reform home while waiting in line for food. After receiving treatment at Manipal Teaching Hospital, the injured were returned to the rehabilitation center on 18 February, as informed by the mental health counselor of the center, Jyoti Sharma. They were sent to the reform home from Baglung, Syangja, and Myagdi districts. Since their injuries were minor, they were sent back to the reform home after treatment. Three boys, aged 19, involved in the altercation, were sent to Nepalgunj on 21 February.

Moreover, while cases of physical punishment in schools are supposed to be reported publicly, many are resolved through mediation. Despite the constitution guaranteeing free and compulsory education, its practical implementation remains challenging. Many instances of collecting fees in various pretexts have been reported. The quality of community education is slowly declining

Women Right

During the period of 3 months, total of 1,308 women were found to be victims of various incidents of violence against women. Among them, 15 women were killed by their family members. Additionally, 1,059 women were subjected to domestic violence in this period. The report shows 134 cases of rape, 34 attempted rapes, and 12 cases of sexual harassment against women. Fifteen women were victims of trafficking, two were accused witchcraft and 45 were victims of polygamy.

Conclusion

While monitoring, INSEC representatives discovered that mediation was predominantly utilized in Women and Children Service Centers within police stations across all 77 districts. Police personnel stated that according to the mediation clause outlined in the Domestic Violence Control and Punishment Act, mediation should be prioritized.

Although women may die as a result of domestic violence and their families report it to the police, suicide is not deemed as a criminal offense, so the police don’t record these cases. Weak enforcement of laws remains a hindrance to preventing violence against women, despite governmental intentions for effective implementation. Failure to address societal norms and misconceptions has led to an increase in incidents of violence against women. Without proper acknowledgment and mitigation of domestic violence control and punishment laws, incidents of violence against women continue to rise unchecked.

The recent development of registering domestic violence incidents at police stations nationwide by leveraging the mediation provisions enshrined in the laws related to domestic violence control and punishment is rampant. Despite improvements in civil and political rights, the state has been unable to fulfill its obligations regarding economic, social, and cultural rights. “During this period, there has been an increase in wildfires in most districts. The main cause of this increase is the escalation of environmental pollution. Little progress has been made in addressing the challenges of rehabilitating victims affected by wildfires. International pollution monitoring institutions have publicly raised concerns about the escalation of environmental pollution. However, the state has not taken any significant steps towards reducing environmental pollution and raising awareness about its long-term effects.