Gender-Based Violence Laws in Nepal: Protecting Rights & Ensuring Justice

Gender-based violence (GBV) remains a pressing issue globally, affecting millions of lives. In Nepal, efforts to combat GBV have led to legal reforms and initiatives. In this article, we delve into Nepal’s GBV laws, their implementation, and challenges faced.

Legal Framework in Nepal

1. National Women Commission Act, 2074 (2017)¹:
   • This act establishes the National Women Commission (NWC) to protect and promote women’s rights.
   • The NWC plays a crucial role in ensuring gender justice and empowering women.
   • Its functions include reviewing policies, conducting research, and advocating for women’s rights.
2. Constitutional Provisions:
   • Nepal’s Constitution guarantees equal rights and opportunities for all, regardless of gender.
   • Article 38 explicitly prohibits discrimination based on sex, ensuring protection against GBV.

Specific Measures Against GBV

1. Criminal Code and Legal Provisions:
   • The Criminal Code criminalizes various forms of GBV, including domestic violence, sexual assault, and trafficking.
   • Penalties vary based on the severity of the offense.
   • Legal provisions aim to hold perpetrators accountable and provide justice to survivors.
2. Domestic Violence (Offense and Punishment) Act, 2066 (2009):
   • This act specifically addresses domestic violence.
   • It defines domestic violence broadly, covering physical, sexual, emotional, and economic abuse.
   • The law allows for restraining orders and provides legal remedies for victims.
3. Supplemental Standard Operating Procedure for Victims of GBV and Trafficking²:
   • This procedure emphasizes an even-handed approach to victims/survivors of GBV and trafficking.
   • It guides service providers in providing support and assistance.

Challenges and Issues

1. Implementation Gap:
   • Despite legal provisions, challenges persist in effectively implementing GBV laws.
   • Awareness among law enforcement officials, judicial bodies, and communities needs improvement.
2. Social Norms and Stigma:
   • Deep-rooted cultural norms often discourage survivors from reporting GBV.
   • Stigma associated with being a victim hinders access to justice.
3. Resource Constraints:
   • Limited resources for shelters, counseling, and legal aid hinder comprehensive support for survivors.
   • Funding gaps affect the functioning of GBV-related programs.

Notable Cases and Advocacy

1. Nirmala Panta Case:
   • The brutal rape and murder of Nirmala Panta in 2018 sparked nationwide outrage.
   • Her case highlighted the need for better investigation procedures, victim protection, and justice.
2. Civil Society and Activism:
   • NGOs, women’s rights organizations, and activists play a crucial role in advocating for GBV survivors.
   • Their efforts raise awareness, provide support, and push for policy changes.

Conclusion

Nepal has made significant strides in addressing GBV through legal reforms and awareness campaigns. However, challenges persist. Strengthening implementation, combating social norms, and allocating adequate resources are essential steps toward a safer, more equitable society. Let us continue our collective efforts to protect the rights of all, regardless of gender.