Editorials

INSEC documented a total of 2,473 victims of human rights violations and abuses from July to September 2024. During these three months, 33 individuals, including 3 women and 30 men, were reportedly victimized by the state. Specifically, eight were victims of arrest, two of beatings, seven of violations of the right to assemble, three died in prison, one suffered inhumane treatment, one experienced sexual abuse, one was tortured in detention, and one was threatened.

On the other hand, 2,441 individuals including 2,307 women and 128 men were victims of human rights abuses by others. Additionally, eight incidents of damage to physical structures and property were recorded. Similarly, 18 individuals were victims of inhumane treatment, three were victims of abduction, 52 of beatings, and four were victims of caste-based discrimination. Nine individuals were victims of threats. Additionally, INSEC recorded 63 killings, including 29 women and 34 men, committed by non-state.

Some Representative Incidents

Torture in Detention

The aggrieved party reported that 23-year-old Bazuddin Ansari from Deoganj Rural Municipality-2, Sunsari district, was tortured in the detention cell of the District Police Office on July 17, 2024. Bazuddin Ansari, who was arrested for investigation on charges of stealing a goat during the Muslim community’s Moharram festival on July 17, 2024, was tortured in custody, according to his 55-year-old mother, Jalekha Khatun. Jalekha Khatun stated that during the Moharram festival, a goat was stolen from Harinagar Rural Municipality-7, Ghushki on July 12, and based on this accusation, the police arrested her son and beat him in the detention cell, resulting in a broken hand. Jalekha Khatun alleged that although the police claimed a goat was stolen from Harinagar Rural Municipality-7, Ghushki, she found no evidence of any theft, and instead, the police tortured her son in custody on theft charges. The aggrieved party applied to INSEC and the National Human Rights Commission on July 28, 2024, addressing the issue that the police had beaten their detained son on the night of July 25, 2024, breaking his hand and injuring him. They requested intervention for justice.

The victim claimed that the police beat him, causing a broken arm and that even when he was taken to the district hospital for treatment, he was still tied up during the treatment. Following the victim’s complaint, INSEC inquired about the matter with the District Police Office. In response, SP Bipin Regmi of the District Police Office stated that Ansari was not tortured, but rather sustained the injury to his hand after slipping and falling while having a meal. The police registered a case against the accused in the district administration office on July 22, 2024, under the charge of inhuman behavior. Chief District Officer Ramchandra Tiwari’s bench on 23 July 2024 demanded a bond of Rs 25,000. The accused was released on bail on the same day. The case was not decided as of September 30, 2024. SP Bipin Regmi said the police paid for the treatment of the accused, who was injured in the beating.

Clash in Child Reform Home

A clash between juvenile detainees at the Naubasta Child Reform Home, Banke on July 29, 2024, resulted in the injury of 20-year-old Sabin Mandal from Kirtipur Municipality-22, Kathmandu; 20-year-old Chandra BK from Baijanath Rural Municipality-1, Banke, Satyam Rawat and Gaurav Bista both 22-year-old from Lamki Rural Municipality-1, Kailali, and 22-year-old Rajan Magar from Nilakantha Municipality-5, Dhading. The police treated Rajan Magar at Teaching Hospital Kohalpur in Nepalgunj, while the other four received treatment at Bhairahawa Hospital in Nepalgunj.

Arrest

Police arrested 52-year-old Shankar Saud of Ghodaghodi Municipality-8, Kailali, 35-year-old Prakash Kunwar of Triveni Municipality-2, Bajura, 40-year-old Dammar BK of Triveni Municipality-2 in Bajura, 34-year-old Kadi Lohar of Godawari Municipality-6, 35-year-old Ganesh Bahadur Koli of Ardash Municipality-3, Doti, and 33-year-old Tapendra Timilsena of Panchadeval Binyak Municipality-3, Achham on August 27. They were activists of the Sudurpaschim Province NCP, a majority-affiliated student organization. Police arrested them while attending a meeting at Attariya in Godawari Municipality-1. On August 28, the police filed a case against the accused under organizational and public offenses at the District Administration Office, Kailali. However, on August 30, the District Administration Office released them on general bail, according to Durga Joshi, Chief of the case department at the office. The case remains under consideration at the District Administration Office.

Killing by Family

Police arrested 24-year-old Roshan Shah Sonar on September 17, 2024, for the charges of setting his 22-year-old wife, Pinki Devi Sah, on fire by pouring kerosene, resulting in her death. On the Bishwakarma Puja day, he reportedly took kerosene from a pump tank and set her on fire, causing severe injuries. Pinki was initially taken to the Provincial Hospital in Gaur for treatment, but due to the lack of necessary facilities, she was transferred to the Burn Hospital in Kirtipur, Kathmandu. She passed away during treatment at the Burn Hospital on September 26, 2024. SP Dilip Ghimire from the District Police Office, Gaur, stated that the police filed a killing case against the accused in the District Court, Gaur. Pinki Devi had an arranged marriage with Roshan in March 2022, and they had one son together. However, after returning to her parental home in Gaur Municipality-2, 35 days after childbirth, their son passed away a few days later. The police reported that the family received the body following a post-mortem conducted at the Burn Hospital in Kirtipur. On October 18, 2024, the District Court ordered the accused to be remanded in custody for further investigation.

Child Rights

INSEC documented that 280 children, including 265 girls and 15 boys, were reported as victims of child rights violations and abuses by others. Among these, four were the victim of child marriage, four were subjected to physical punishment in schools, 194 were victims of rape, 59 suffered sexual abuse, six were victims of trafficking, one of abduction, and three were subjected to torture.

Women Rights

In these three months, 1,964 individuals were recorded as victims of violence against women. During this period, 1,644 women were the victims of domestic violence, 194 were the victims of rape, 30 of attempted rape, and 13 faced sexual abuse. Additionally, 11 women were victims of trafficking, four were accused of “witchcraft,” eight experienced dowry-related violence, and 53 were victims of polygamy.

Conclusion

During a monitoring visit by INSEC representatives to the Women and Children Service Centers in police offices across 77 districts, it was found that most cases had been settled through mediation. According to the provisions of the Domestic Violence (Control and Punishment) Act, police officers indicated that mediation should be given priority in domestic violence cases. Weak law enforcement hinders efforts to prevent violence against women. The government has not developed a comprehensive approach to enforce laws effectively. Social evils and superstitions are not addressed properly, leading to an increase in violence against women. The provision of mediation in the Domestic Violence (Control and Punishment) Act has led to the development of a practice of mediation in domestic violence cases registered at police offices across the country. In conclusion, nearly 18 years have passed since the Comprehensive Peace Accord, yet conflict victims express dissatisfaction as transitional justice issues remain unaddressed, leaving them deprived of justice. To address transitional justice issues, the Government of Nepal passed the Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission (Third Amendment) Bill on 14 August 2024 from the House of Representatives and on 22 August 2024 from the National Assembly, with subsequent certification by the President. While this has raised hope for addressing transitional justice issues, there is still a need for continuous monitoring to ensure justice for the victims. Persons with disabilities, Dalit communities, minority groups, and individuals from queer communities have expressed their dissatisfaction about not receiving their rights. The effective implementation of international human rights treaties signed by Nepal and the fundamental rights mentioned in the country’s constitution has not been achieved. The state must fully implement national and international laws to ensure the economic, social, and cultural rights of citizens and guarantee their rights.