In the heart of Nepal, where traditions run deep and societal norms often remain unchallenged, a silent epidemic continues to shatter lives behind closed doors. Domestic violence, a persistent blight on the social fabric, affects more than just the women who are often its primary targets. Its echoes resonate deeply in the lives of children, turning homes into battlegrounds and childhoods into harrowing tales of survival.

Recent data from the Nepal Police reveals that 80 percent of gender-based violence cases are categorized as domestic violence. Among these, 53 percent involve physical harm, while 47 percent are rooted in psychological abuse. Yet, the statistics only hint at the extent of the problem. Hidden within these numbers are children—those who, far from being mere witnesses, are often primary victims of the violence. Children suffer silently as they endure physical, emotional, and even sexual abuse in environments meant to nurture and protect them. In urban areas, violence is often concealed behind closed doors, while in rural regions, societal stigma further discourages victims from seeking help. Reasons for abuse range from perceived disobedience and academic struggles to deeply entrenched cultural preferences for male heirs. Families often inflict physical and emotional abuse on mothers and daughters in their quest for a male child, perpetuating cycles of trauma.

The story of Maya, a 10-year-old girl from a rural village in Nepal, paints a vivid picture of this harsh reality. Maya’s mother was subjected to daily abuse by her father for failing to produce a male heir. Witnessing her mother’s suffering, Maya often became a target herself, enduring harsh beatings for minor missteps. Her father’s anger escalated to the point where he stopped paying for Maya’s school fees, effectively cutting her off from education. Maya’s dreams of becoming a teacher began to crumble as she watched her mother’s resilience falter under the weight of continuous violence. The cycle of abuse seemed inescapable, leaving Maya to wonder if she would ever find a safe and nurturing environment.

In some horrifying cases, children like Maya are involuntarily thrust into the role of protectors. A study from Cape Town’s Red Cross Children’s Hospital found that 40 percent of children admitted with brain injuries had been used as "human shields" during domestic disputes. These children bear not only the physical scars of violence but also the psychological weight of being pawns in a battle they never chose to fight. The situation is no less dire in Nepal. Here, children are frequently used as leverage in abusive households, with threats of harm or removal from the family often silencing mothers who might otherwise report the abuse. Fear of losing custody or being unable to support their children traps many women in cycles of violence, leaving children exposed to prolonged trauma.

The effects of domestic violence on children are profound and far-reaching. Studies have shown that children exposed to such environments often struggle with cognitive and emotional development. They may experience depression, anxiety, and behavioral issues, including aggression and withdrawal. In the long term, these children face an increased risk of developing chronic health issues such as heart disease and diabetes, perpetuating the intergenerational impacts of abuse. Preschool children often regress to earlier developmental stages, displaying behaviors such as bed-wetting or excessive crying. School-aged children may grapple with guilt, believing they are responsible for the abuse. They often struggle academically and socially, while teenagers may engage in risky behaviors, from substance abuse to delinquency. The psychological scars of domestic violence frequently manifest in adulthood, shaping how survivors perceive relationships and conflict.

Nepal’s legal framework acknowledges children’s rights but falls short of addressing their specific vulnerabilities in the context of domestic violence. Article 39 of the Constitution guarantees children the right to education, health, and protection. The ‘Act Relating to Children, 2075’ emphasizes the need for care, protection, and education. Section 7 of the Act mandates that every child should receive proper care, maintenance, and love from their families. It also obligates the state to intervene when children’s rights are at risk. Furthermore, the National Child Rights Council operates services like Child Helpline 1098, yet these initiatives often fail to reach the most vulnerable due to limited outreach and insufficient implementation.

Globally, conventions like the United Nations Convention on the Rights of the Child (CRC) set benchmarks for child protection. The CRC emphasizes that all children should be safeguarded from violence, abuse, and exploitation. The Universal Declaration of Human Rights (UDHR) and other international frameworks also mandate special care and assistance for children. The CRC’s guidelines are clear: children should grow up in safe, nurturing environments. However, while Nepal aligns with these standards on paper, execution at the national and community levels remains a challenge. Insufficient funding, lack of trained personnel, and cultural resistance often hinder meaningful implementation.

Breaking the cycle of domestic violence requires a multifaceted approach. Legal reforms must explicitly recognize children as primary victims of domestic violence and enforce stricter penalties for perpetrators. Community-based interventions, involving local organizations and leaders, can establish safe spaces and support networks for affected families. Awareness campaigns should educate families about the long-term harm caused by domestic violence, fostering a culture of accountability and empathy. Equally important, accessible mental health services are essential to help children recover from the trauma of abuse. Schools can play a pivotal role by implementing programs that teach children about their rights and encourage open dialogue about abuse. Empowering children to speak out, coupled with robust support systems, can significantly mitigate the impact of domestic violence.

Children are the bedrock of any society, embodying its hopes and aspirations. Yet, for many in Nepal, the shadow of domestic violence dims their potential. The story of Maya and countless others underscores the urgency of acknowledging and addressing their suffering. By transforming policies and societal attitudes to create safe, nurturing environments, we can ensure that no child grows up shielded and scarred by the violence that once defined their home.

 

Akansha Karmacharya

BA LLB IVth Year

Kathmandu School of Law