Statute of limitations on rape extended

By A Staff Reporter,  Kathmandu, July 12: The House of Representatives has endorsed a proposal to extend the statute of limitations on rape and sexual violence in the country’s criminal law. 

A meeting of the House of Representatives (HoR) on Monday endorsed ‘A bill to amend some acts against sexual violence’ as proposed by the Law, Justice and Human Rights Committee of the HoR.   The endorsed bill amended the highly disputed statute of limitation on rape.

According to Section 292 (2) of the National Penal Code, complaints of rape must be filed within one year from the date of the commission of crime if the survivor is an adult and within a year of the survivor turning into 18, if they are minor.  

The House had decided to change the statute of limitation to two years if the survivor is an adult and three years after the survivor turns 18 years, if s/he is a minor. 

Similarly, the House also endorsed the proposal to increase the statute of limitation on rape when the offence is committed against a person held in detention, taken into control, kidnapped or taken hostage. 

With the amendment of the law, survivor can lodge compliant within two years after the expiry of three months from the date of release from such detention, control, kidnapping or hostage taking. Earlier, the law stipulated that no complaints could be lodged after the expiry of three months from the date of release from such detention. A new provision has been added in the bill for the disabled, senior citizens who have reached 70 years of age, and mentally retarded people to lodge a complaint within three years of being subjected to violence.

The government had proposed in the new bill that those who make false complaints about sexual violence and rape should be given half the punishment.

The statute of limitation on rape was extended from 35 days to 180 days through Act to Amend Law to End Gender Violence and Ensure Gender Equality 2072, taking into consideration victim’s psychological statue, time required for investigation and the existing barrier to justice. 

Chairman of the committee Krishna Bhakta Pokharel had presented the proposal at the meeting. 

There has been mounting pressure on the government to amend the statute of limitation after the activists and general public have taken to the streets after a survivor on May 18 through social media made public the allegation of rape that was committed eight years ago, when she was 16 years old. 

Proposal to endorse the Nepal Railway Bill passed 

Similarly, the House unanimously passed the proposal presented by Minister for Law, Justice and Parliamentary Affairs Govinda Prasad Sharma Koirala to endorse the Nepal Railway Bill, 2022, with the message of the National Assembly. The bill was passed after Minister Koirala answered the queries raised in the meeting.

Meanwhile, the main opposition party CPN (UML) has objected to the government’s decision to purchase weapons worth Rs. 840 million for the Nepal Police.

Demanding time to speak at the House, UML lawmaker Nawaraj Silwal objected to the government’s decision to transfer budget to buy weapons worth Rs. 840 million at a time of economic crisis.

Similarly, CPN-UML Secretary Yogesh Bhattarai has demanded to withdraw the bill related to the Constitutional Council.

Bhattarai demanded that the bill registered in the National Assembly should be withdrawn as it is against the spirit of the constitution.

Speaker Sapkota issues ruling to government to answer queries raised in House 

Speaker of the House of Representatives Agni Prasad Sapkota has drawn the attention of the government to give proper answer to the issues raised by the lawmakers in zero hour and special time.

The lawmakers had repeatedly objected that the government had not shown interest to answer the quarries raised during zero and special hours.

In Monday’s meeting, the lawmakers also drew the government’s attention to the contemporary issues of the country, including the shortage of textbooks and chemical fertilisers and natural disasters.

Meanwhile, the second meeting of the HoR was postponed due to lack of quorum on Monday after most of the parliamentarians who were in attendance exited the meeting. The second meeting on Monday has been postponed till Wednesday due to lack of quorum.