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Domestic abuse represents a major issue in Nepal, particularly impacting women and girls throughout the country. Despite legislative restrictions, violence continues in a variety of forms, including physical and emotional abuse, rape, trafficking, forced prostitution, and female infanticide. Cultural standards, which are based on patriarchal institutions, frequently give men more power and control in families, continuing the cycle of violence.

Prevalence and underreporting

Domestic violence affects every category of society in Nepal, including both urban and rural locations. However, victims frequently find it difficult to come out against their abusers owing to feelings of shame, stigma, and fear. The intimate aspect of domestic violence complicates the reporting process, resulting in severe underreporting.

Perpetrators and victims

According to Nepal’s National Demographic Health Survey (2016), 84 percent of ever-married women who have suffered physical violence blame their present husbands for the abuse. Furthermore, 11 percent of women describe ex-spouses as abusers. It is vital to recognize that domestic violence can also be perpetrated by other family or household members, emphasizing the pervasiveness of the problem.

In Nepal, domestic violence has been a major problem, especially during the epidemic, when there has been a discernible rise in incidents. 14,774 incidents of domestic abuse were reported in the fiscal year 2018–19, according to statistics from the Nepal Police’s Women, Children, and Senior Citizens Service Directorate.

Based on statistics compiled by WOREC Nepal, the majority of the 1319 incidents of domestic abuse involve women. Eighty of the total reported VAW instances (66.72 percent) included domestic violence, with the spouse accounting for ninety percent (790) of the perpetrators and family members accounting for the remaining ten percent (90). Eighty-seven percent (764) of domestic abuse survivors were literate, and thirty-nine percent (339) of women aged 17 to 25 and thirty-eight percent (337) of women aged 26 to 35 are severely impacted by domestic violence.

1,267 calls regarding domestic violence were received by the Nepal Women Commission (NWC) between 24 March 2020, and 21 July 2020, during the first lockdown. The Women’s Rehabilitation Centre (WOREC) recorded a range of violent episodes between 29 April 2021, and 29 May 2021. Of the 200 women polled, 45 percent reported having experienced domestic abuse.

In addition, the Nepal Police recorded 31,568 instances of crimes against women and girls between July 2021 and July 2023. It’s crucial to remember, too, that a lot of incidents probably go unreported because of pressure from families and society.

UN staff and work environment dynamics

According to the 2017 UN workers Survey on Domestic abuse in Nepal, the prevalence of domestic abuse among UN workers in the nation is comparable to that of Nepali women in general. In order to fulfill our obligation, we must make sure that the UN offers a secure and encouraging work environment for all employees, tackling the problem of domestic abuse in the workplace.

The legal structure and safeguards

One of the most important pieces of legislation to combat domestic abuse in Nepal is the Domestic Violence Act of 2066. It provides a comprehensive definition of domestic violence that includes abuse in familial relationships on all fronts—physical, mental, sexual, and financial. In order to provide prompt assistance and legal redress for victims, the act clearly forbids domestic abuse (Section 3) and provides guidelines for reporting incidents (Section 4).

After receiving a complaint, the court must handle the issue in accordance with Section 5 of the legislation, which guarantees responsibility and due process. While in-camera procedures (Section 7) ensure privacy and lessen re-traumatization during judicial processes, temporary protection orders (Section 6) demonstrate a commitment to prioritizing victim safety.

Assistance with finances and health

Section 9 of the legislation requires those who commit domestic violence to pay for the care of their victims because it acknowledges the financial and medical costs associated with such behavior. This clause guarantees that those who damage victims will be held accountable for their actions, which emphasizes the need for accountability. When offenders cannot afford the fees of treatment, the court may require service centers to step in and help, guaranteeing victims' access to critical medical care.

Compensation and penalties

In an effort to encourage restitution and rehabilitation, Section 10 of the act mandates that victims get compensation based on the type and intensity of the abuse. Furthermore, in order to prevent future breaches and to reflect the seriousness of the offense, Section 13 imposes penalties on offenders of domestic violence that range from Rs 3,000 to Rs 25,000 in fines and up to six months in jail.

Enhancing support services

Nepal government has created Service Centers (Section 11) and a Service Fund (Section 12) in addition to legislative measures to offer victims of domestic abuse prompt protection and assistance. These programs highlight a comprehensive strategy that addresses the legal, social, and economic aspects of domestic abuse. Service centers meet the varied requirements of survivors and aid in their recuperation by providing necessary services including counseling, housing, and legal assistance.

Challenges and future directions

Nepal continues to have difficulties in fighting domestic abuse despite its legislative measures and social programs. Institutional barriers, sociocultural norms, and economic inequality all continue to impede successful preventative and response initiatives. Going forward, the community as a whole, government institutions, and civil society organizations must work together in unison. To achieve this, it is necessary to increase public awareness, advance gender equality, fortify legal systems, and improve victim assistance programs.

Prabin Kumar Yadav

BA LLB

Kathmandu School of Law

In the age of Information and Communication Technology (ICT), the world has witnessed remarkable advancements, offering opportunities and conveniences to individuals, businesses, and governments alike. However, with these technological leaps, the specter of cybercrimes and threats looms large, necessitating the formulation and enforcement of robust cybersecurity laws. In the absence of traditional policies addressing the vast realm of cyberspace, criminals have exploited ICT advancements, demanding international collaboration to combat the borderless nature of cybercrime.

Law, often described as a system of rules with binding legal force, plays a pivotal role in maintaining societal peace and order. In the context of cyberspace, it gives rise to what is commonly referred to as Cyber Law or the Law of the Internet. This evolving field within international law aims to address a myriad of illegal activities in cyberspace, including cyber-bullying, piracy, hacking, and more.

Nepal, recognizing the importance of safeguarding its cyberspace, has put in place a comprehensive legal framework. The Constitution of Nepal, adopted in 2015, guarantees fundamental rights related to cyber activities, including the Right to Information, Right to Communication, and Right to Privacy. The Electronic Transactions Act (ETA) of 2063, Nepal’s first cyber law, legalizes electronic communication and transactions, covering electronic records, digital signatures, computer networks, and offenses related to cybercrimes.

In the realm of cybersecurity, Nepal has embraced various legal instruments, acts, policies, and guidelines to govern cyber activities. These include the Online Child Safety Guidelines issued by the National Telecommunication Authority (NTA) to prevent child abuse through ICT, and the Copyright Act of 2059, which protects copyright, including computer programs. The Individual Privacy Act of 2018 safeguards the right to privacy in Nepal, prohibiting the transfer of personal data without the owner’s consent.

Nepal has also been proactive in addressing the challenges posed by the rapid growth of technology. The Information Technology Bill of 2075, currently in the finalization process, aims to replace the Electronic Transactions Act as the primary law for cyberspace. However, concerns have been raised about potential limitations on freedom of expression, violation of data privacy, and increased surveillance.

To bolster cybersecurity, Nepal introduced the Cyber Security Byelaw in 2077, framed by the NTA under the Telecommunications Act. This byelaw aims to implement cybersecurity standards, protecting ICT infrastructure and information systems from malicious attacks. It mandates regular security audits for Telecommunication and Internet Service Providers, promoting a robust cybersecurity ecosystem.

The National Security Policy of 2075, issued by the Ministry of Defense, recognizes the misuse of science, technology, and modern equipment as factors influencing national security. It identifies the abuse of modern technology in crimes as challenges and threats related to law and order. In line with the Digital Nepal vision, the National Information and Communication Technology Policy of 2015 addresses cybersecurity and law issues, proposing the establishment of an IT Tribunal system, a Computer Emergency Response Team (CERT), and a cyber-security cell.

The National Cybersecurity Policy of 2016, drafted by the Ministry of Information and Communications Technology, aims to govern and address global challenges in cyberspace. It proposes the establishment of the National Cyber Security Strategy Working Group and the National CERT of Nepal, responsible for providing cybersecurity services to various entities, including the government, law enforcement agencies, businesses, and the public.

Institutional mechanisms in Nepal play a crucial role in enforcing and implementing cybersecurity measures. The Office of the Controller of Certifying Authority, established in 2007, licenses Certifying Authorities (CAs) under the Electronic Transactions Act, creating a secure environment for internet, email, and online transactions. The National Information Technology Center (NITC), established in 2001, serves as a data bank, assists in computerizing governmental records, and implements e-services.

The Cyber Bureau Nepal, a part of the Nepali Police, is tasked with investigating cybercrimes, coordinating and cooperating on cybersecurity, preparing police manpower for cybercrimes, and exchanging information nationally and internationally. Accessibility for reporting cybercrime complaints is enhanced through email communication at [email protected].

Collaboration with non-governmental organizations and industry associations is essential for a holistic approach to cybersecurity. The Internet Service Providers' Association of Nepal (ISPAN), established in 1998, works closely with the NTA, Nepal Telecom, and the Ministry of Information and Communications to address issues affecting ISP projects. The Information Security Response Team Nepal (NPCERT), established in 2016, acts as the nation’s flagship cyber defense, incident response, and operational integration center.

Non-profit organizations like the Internet Society Nepal (ISOC, Nepal) and initiatives like the Cyber Security Research and Innovation (CSRI) contribute significantly to raising awareness and fostering innovation in cybersecurity. ISOC, Nepal focuses on the concept of a ‘safe internet for all’, following international standards and addressing relevant topics. CSRI, established as part of the cybersecurity domain Research Program, plays a crucial role in delivering impactful industry-focused cybersecurity analysis findings and innovative solutions.

Challenges

Limited awareness and education

One of the significant hurdles Nepal faces is the limited awareness and education regarding cybersecurity. Many individuals and businesses are unaware of potential threats and lack the knowledge to protect themselves effectively. This knowledge gap creates a breeding ground for cybercriminals to exploit vulnerabilities.

Inadequate infrastructure

The country is grappling with inadequate technological infrastructure, hindering the implementation of robust cybersecurity measures. Insufficient internet penetration and outdated systems make it challenging to establish a secure digital environment. 

Lack of regulatory framework

Nepal’s regulatory framework for cybersecurity is still evolving. The absence of comprehensive and up-to-date laws and regulations leaves gaps that cybercriminals can exploit. A clear and enforceable legal framework is essential to deter cybercrimes and provide a basis for prosecution.

Insufficient collaboration

Cyber threats are borderless, and effective cybersecurity requires collaboration across sectors and borders. In Nepal, there is a need for improved collaboration between government agencies, private businesses, and international organizations. Siloed efforts hinder the ability to share threat intelligence and respond promptly to emerging cyber threats.

Shortage of skilled professionals

The shortage of skilled cybersecurity professionals is a global challenge, and Nepal is no exception. The demand for experts

in this field far exceeds the supply. This scarcity hampers the country's ability to develop and implement advanced cybersecurity strategies.

Suggestions

Educational initiatives

To address the awareness and education gap, Nepal should invest in comprehensive educational initiatives. These could include cybersecurity awareness campaigns, training programs for individuals and businesses, and the integration of cybersecurity education into the formal curriculum at all levels.

Infrastructure development

Prioritizing the development of technological infrastructure is crucial. Nepal should invest in upgrading its internet connectivity, supporting the adoption of secure communication protocols, and encouraging businesses to invest in modern and secure IT systems.

Strengthening regulatory framework

The government should expedite the development and implementation of a robust regulatory framework for cybersecurity. This includes legislation that defines cybercrimes, prescribes penalties, and establishes mechanisms for reporting and responding to incidents. Regular updates to the legal framework are essential to keep pace with evolving cyber threats.

Enhanced collaboration

Nepal should foster collaboration between government agencies, private sector entities, and international partners. Establishing a national cybersecurity coordination center can facilitate information sharing, incident response, and joint efforts to combat cyber threats. Cross-border collaboration is equally vital to address threats that transcend national boundaries.

Investment in skill development

Initiatives to bridge the skills gap should be a priority. The government, in collaboration with private sector partners, can establish training programs, cybersecurity academies, and scholarship opportunities to encourage individuals to pursue careers in cybersecurity. 

The author is pursuing BA LLB at Kathmandu School of Law

The caste system, the world’s oldest surviving social hierarchy, has left an indelible mark on societies, particularly in Nepal. Stemming from distinctions in professional roles that often lead to the derogation of certain professions, the caste system determines one's social standing from birth, making it nearly impossible to alter or move between caste categories, with the exception of inter-caste marriages. This article delves into the historical roots of the caste system in Nepal, its socio-economic implications, and the persistent challenges posed by caste-based discrimination.

The caste-based system creates a hierarchical structure within society, with far-reaching consequences. Studies in 2005 revealed that while the ‘upper castes’ constitute only 35 percent of the general population, they make up 98 percent of all army officers, highlighting a stark imbalance. 

The system also leads to the creation of a status-governed personality, stigmatization, and the maintenance of the status quo with control over state privileges. Caste-based practices reinforce fatalism, legitimize exclusion through religious preaching, and perpetuate continuous discrimination for the benefit of a privileged class.

Multifaceted challenge across socio-political spheres

In Nepal, Dalit participation in administrative bodies reveals a significant gap, with national statistics highlighting notable income inequality between Dalit and non-Dalit households. Dalit households, unfortunately, earn less income, underscoring their status as the most disadvantaged caste group in the country. Shockingly, advancements in maternal health services have disproportionately bypassed the Dalits, further exacerbating their challenges.

Recognizing the need for inclusivity, efforts have been initiated to address the underrepresentation of Dalit women in formal sectors, striving for their proportional participation. Despite these efforts, the struggle persists, reflecting the broader issues faced by the Dalit community. Reports on political and electoral participation in South Asia provide valuable insights into the challenges hindering Dalits from actively engaging in governance and decision-making processes. The complex interplay of social, economic, and political barriers continues to impede the full integration of Dalits, emphasizing the urgency of comprehensive and collaborative solutions.

They are significantly underrepresented in governmental and decision-making bodies, which makes it difficult for them to influence laws that directly affect their lives. When the socio-political scene is analyzed, the results of the local elections in 2022 paint a shocking picture. In Madhes, out of 1,271 wards across 136 municipal levels, the Dalit group elected only one mayor and two deputy mayors. This basic portrayal is worrying, especially in light of the larger picture.

When one looks more closely, the data shows even more differences. Dalits obtained only 33 ward chairperson posts out of 136 local levels, demonstrating a weak representation even at the grassroots level. The state of affairs in national politics is still depressing. 

Not a single Dalit was elected to a seat in the Madhes, even though 32 MPs were chosen using the First-Past-the-Post (FPTP) system. In the same way, only one Dalit person was elected out of the 64 Provincial Directly Elected Members of Parliament.

These statistics show how critical it is to address Dalits’ underrepresentation in sociopolitical domains. The biased results of the elections in 2022 highlight a structural problem that prevents Dalits from being fairly and equally included in decision-making processes at all levels of government. The lack of Dalit voices in positions of leadership raises questions about the political system’s responsiveness and inclusivity, necessitating investigation and corrective action to guarantee a more inclusive and participatory democracy.

In society, recognition or identity based on one’s status becomes the source and justification for discrimination. Institutionalized discrimination reinforces the status quo, sustaining special advantages for the powerful. Subordination thus becomes an outcome of institutionalized discrimination, reinforcing the existing social order.

True equality is only possible by dismantling discriminatory practices that perpetuate advantages for one group at the expense of another. The concept of equality is inherently tied to the notion of change, as progress can only be achieved by challenging and transforming the conditions that justify discrimination.

What should be done?

The state must take proactive measures, including the realization, recognition, entitlement, commitment, accessibility, and enjoyment of rights. Monitoring indicators of full and practical realization is essential to ensuring tangible progress.

The judiciary should adopt a proactive and human rights-sensitive approach. It plays a crucial role in upholding and protecting the rights of marginalized communities, ensuring justice is served without discrimination.

The general public and advocacy groups need to internalize the concept of equality through awareness and education programs. Active participation, public interest lawyering, lobbying efforts, and publicizing discriminatory practices are vital in challenging the status quo.

Nepal has taken legislative steps to address caste-based discrimination, such as the Caste-Based Discrimination and Untouchability (Offense and Punishment) Act, 2011. The Constitution of Nepal explicitly condemns discrimination based on caste and untouchability, emphasizing the right to equality and social justice.

In Conclusion, Caste-based discrimination continues to plague Nepalese society, impacting the lives of millions. It is imperative to recognize the historical roots, socio-economic implications, and pervasive practices of discrimination that persist. Achieving equality requires a commitment to change and a dismantling of institutionalized discrimination. The state, judiciary, and the public all play crucial roles in fostering an inclusive society where every individual enjoys equal rights and opportunities. Through collective efforts, Nepal can pave the way for a future free from the shackles of caste-based discrimination, embracing the principles of equality, justice, and human dignity.

The author is pursuing BA LLB at Kathmandu School of Law