A comprehensive approach on combating domestic violence

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