Opinion Forum

This year the 16-days campaign against gender-based violence was accompanied by the slogan: Orange the World: Fund, Respond, Prevent, Collect! In Nepal, the campaign was initiated in the year 1997 and it aims to increase awareness against gender-based violence.

The government and non-government sectors have been organizing different kinds of programs from November 25 to December 10. According to article 38, sub-article 30 of the Constitution of Nepal, women cannot be subjected to physical, mental, sexual, psychological, or any other form of violence or abuse on the basis of religious, social, cultural, traditional, customary, or any other grounds. The Domestic Violence (Offence and Punishment) Act 2009[1] has been promulgated and implemented. Various statistics have shown an increase in gender-based violence and killings of women and girls.

Although this year the condition of women in Nepal has been more affirmative than in previous years, it has not yet reached a satisfactory level. There has been some improvement in the legal provisions related to women and the situation of political participation. Despite this, the way in which women in Nepal are being violated through various forms of structural and gender-based violence is atrocious. The Informal Sector Service Centre (INSEC), which has been monitoring incidents of human rights violations and abuses, has prepared this report based on the incidents of violence against women and girls published in INSEC Online from November 25 to December 10, 2020.

Social, economic, and political changes in Nepali society, increased awareness of people, increase in literacy, efforts to improve legal and administrative mechanisms, changes in attitudes towards women, behavior in society and at home, and legal mechanisms have helped bring to light incidents of violence against women. . However, the need for legal and structural reform cannot be ruled out if we are to study the increasing incidence of violence and atrocities against women. Various incidents and facts have shown that the impact of social structure and structure on women cannot be solved only through legal means. Along with the reforms in the law, it can be said that there is a need for improvement in the behavior of the officials of the law enforcement agencies.

Conclusion

Although incidents of gender-based violence against women and sexual minorities have been recognized as a serious crime, such crimes will not reduce as long as the existence of inequality of power between men and women, women’s economic dependency, and weak rule of law. With the joint efforts of the stakeholders and the effective implementation of the law, such incidents of violence against women can be minimized. Reducing poverty, illiteracy and economic dependence can also help reduce the incidence of violence against women. While women are victims of domestic violence, the provision of reconciliation does not address serious cases. Most rapes are committed while doing house-hold work. There is an urgent need to provide special training to the health workers working in the local health institutions to enable them to test the incidents of rape in a scientific way. Access to and expansion of the state towards women’s health and its sensitivities are other important issues. It is difficult for the state alone to address the issue of violence against women and the problems that arise from it. Despite so many commitments from NGOs and state bodies, the growing number of victims is a matter of serious concern. Of course, in the meantime, there has been an increase in awareness of the crime. However, our monitoring has found that there is a tendency in the local police to pressure the victims to reconcile and in the society to force the victims to cover up the incident. Discouraging such incidents has become another major issue.

Suggestions

• A victim-centered and women-friendly legal and policy environment should be created and ensure its proper implementation.
• Arrangements should be made to accelerate court proceedings for speedy justice.
• Legal provisions for punishment should be formulated according to the nature of domestic violence.
• Extension of time limit for complaints of rape, attempted rape, sexual abuse. Legislation should be enacted with the provision of legal action against the government civil servants and others to settle such crimes at the village level.
• There can be no compensation for the mental, social, and family pain caused by the alleged harassment and abuse of witchcraft. The fine received from the perpetrator should be made available to the victim as compensation.
• Women victims of polygamy should be assisted for easy legal services and financial self-reliance.
• Protection Homes brought to protect women victims of violence should be organized in all 77 districts. In addition, the state should formulate a policy for self-employment, income generation, and employment of such women.
• National laws need to be amended accordingly for commitments to international treaties and strict implementation of laws.
• Stakeholders, including civil society and the media, need to be proactive in exposing incidents of gender-based violence and assisting in the judicial process.
• The media and gender-based violence.
• Stakeholders, including civil society and the media, need to be proactive in exposing incidents of gender-based violence and assisting in the judicial process.

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