FACTS on Violence against Women in Nepal “Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.”1 Violence against Women is disturbingly, a growing trend in Nepal. The scope and extent of violence against women are reflections of the degree and persistence of discrimination that women have been continuously facing. Outcomes • 52% women suffered from mental pressure among which 78% are literate • Only 25% VAW survivor seek medical support • 86% women are unsafe in their own community • Out of total women killed, 91% of the women have been killed by the people they know Reporting rates • Only 20% of women seek legal justice • Domestic violence is most chronic and under-reported crimes For more information or to get help, please call: WOREC Nepal VAW Hot line No – 16600178910 Tel: 01-5006373/ 5006374 Email: email@example.com
Facts/ Realities • 64% of Nepalese women are suffering from Domestic Violence this year • Out of 1581 survivors 16% of women are victimized due to Social Violence • 7% of women (out of 1581 survivors) have been raped • 59% of women are raped from intimate relationship and 8% of it is incest. • Females of 26-35 years are at the greatest risk of nonfatal Intimate partner violence • 71% of women are unsafe in their own home.
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DUE DILIGENCE: There are several commitments made by government to address VAW at National and International level which are as follows: 1. Interim Constitution of Nepal, 2063 The Interim Constitution of Nepal, 2063 (2007) prohibits physical, mental or any other form of Violence against Women (VAW) and declares that such acts shall be punishable by law [Article 20(3)]. It also incorporates a separate article recognizing that women’s rights, including reproductive rights, are fundamental. The Interim Constitution recognizes the right to equality as a fundamental right. It provides that all citizens are equal before law [Article 13(1)]. Domestic Violence (Crime & Punishment) Act On 5 May, 2009 Parliament of Nepal passed the Domestic Violence (Crime and Punishment). The Act includes physical and psychological violence within the definition of domestic violence. The Act also states that the reporting of the crime can be made both verbal or in written forms. If the case does not get resolved through quasi-judicial bodies or mutual understanding, The victim can file a case directly to the courts. Furthermore, a third party can also file a report on behalf of the victim. It also has provisions for interim relief to the victim of the domestic violence. The court can order interim protective measures for the entire duration of case proceedings. Human Trafficking Act (2007) The Human Trafficking Act (2007) extended the definition of trafficking to include the offense of transportation for the purpose of trafficking. With this extended definition and other support measures, the new Act helps to control human trafficking and affords needed support and care for victims. SOURCES: 1. United Nation Declaration on elimination of violence against women, 1973 2. A year book on Violence Against Women “Anbeshi”, 2069 published by WOREC Nepal
Apart from these actions, the Supreme Court has also issued orders at different times prohibiting different malpractices that contribute to GBV. The Gender Equality Act passed in 2006 repealed and amended 56 discriminatory provisions of various Acts and has also incorporated provisions to ensure women’s rights. As a part response & prevention to gender based violence, the Government of Nepal has declared 2010 as the Year to End Gender Based Violence. 5 yrs action plan for empowerment of women and prevent GBV is in place. The action plan focuses on empowerment of women and prosecution, protection and prevention, highlights the need of a special commission to investigate cases of violence against women. To address GBV, free hotline telephone number has also been available now in Prime Minister’s Office. The Prime Minister Dr. Baburam Bhattarai has given direction on February 23, 2012, to all secretariats of respective ministries and security forces to prepare the responsive mechanism to address the issues of GBV within 24 hours to encourage GBV survivors to report the case. RHETORIC VS. REALITIES The facts revealed by the Anbeshi 20692 clearly reveal that despite Government’s commitment to end VAW the situation still remains unchanged. Although new laws have been formulated, the implementation of those laws remains at very poor stage. Justice for women is becoming more and more difficult. This situation demands government to fulfill her due diligence with immediate attention and action from all stakeholders.
Page 2 of 2 3. A research report on Access to Justice for Rape Survivors in Nepal 2007-2010 by WOREC Nepal & Isis-WICCE 4. www.nepallawcommission.org , Interim Constitution of Nepal, 2063, Domestic Violence (Crime & Punishment) Act, Human Trafficking Act (2007)