Unabated domestic violence cases call for social, legal reforms

By Arpana Adhikari,Kathmandu, Dec. 3: Menuka (name changed), a 35-year-old woman from Sindhupalchowk, carries the burden of a life woven with agonizing chapters.

Married off at 16, her days became a haunting tale of abuse. The first lash of violence struck after one year, when her husband beat her for a late-cooked meal, as she was busy working in a crop field.

She carried the weight of blame, believing obedience could silence the abuse. However, instead of subsiding, the physical abuse turned into relentless assault.

Sharing her plight, Menuka said, “Even after three years of marriage, my inability to conceive added agony to my life. It wasn't just my husband, but his family also subjected me to mental torment for this.”

She shared she endured all the pain thinking that her relentless service would earn his family's love one day. But nothing changed.

Once, her husband's brutality almost cost her an eye when he beat her with a water pipe, she said, adding, “Witnessing my injuries, my neighbours took me to the health post, where I was treated and advised to seek legal action against him.”

She went to the nearby police station and filed a case against her husband thinking of getting justice. He was released later after he pledged to refrain from repeating the offense, leading to the police settling the case.

She hoped physical assaults would come to an end, and for a few months, her husband refrained from doing so. However, his family persisted in pressuring her mentally, blaming her for tarnishing their family image.

Despite enduring physical assaults and her husband's subsequent betrayal by marrying another woman six years into their marriage, Menuka opted not to pursue legal action, realising that the case would end up in reconciliation. “I feared losing my shelter and means of sustenance.”

Lacking education and job prospects, she endured the torment for 19 years before finally seeking shelter with her parents.

But unfortunately, she again faced mistreatment from her brother and his wife. So she recently moved to Kathmandu and is working as a domestic worker in Koteshwor. With tears in her eyes, she said, "Women have nowhere to call home."

Equally distressing is the story of 21-year-old Soniya (name changed) from Rautahat. Despite battling a severe heart ailment, Soniya was denied treatment by her family solely because she is a daughter.

Growing up in a poor Madhesi family alongside her three siblings, two sisters and one brother, she developed heart ailment when she was 16.

Because of the prevailing cultural preference for sons over daughters, her family refrained from providing her the costly treatment, said Soniya.

Her parents followed the advice of their relatives and neighbours, who suggested that investing in a daughter's treatment wouldn't yield any returns for them, she said.

“Despite having a family, I was left to die with the complication. If my brother had suffered from the same problem, my parents would have spared no effort to support him,” she said.

Lacking the energy to fight against her family's prejudice and her willpower to live, she left home and sought support from numerous individuals to aid in her treatment. She is now receiving free treatment at Shahid Gangalal National Heart Centre.

These stories shed light on the distressing reality of domestic violence. Yet they represent only a fraction of thousands of untold stories of domestic violence in the country.

According to the Domestic Violence Prevention and Control Act, 2009, domestic violence takes multiple forms - physical, sexual, emotional, psychological and financial.

However, the financial abuse, which involves behaviours that control a women’s ability to acquire, use and maintain economic resources, is often overlooked.

Situation of domestic violence in Nepal

According to the data of Nepal Police, cases of gender-based violence have increased at an alarming rate, with 20,753 cases reported between July 2022 to July 2023.

Of the total cases of GBV registered in the fiscal year 2022/23, 80 per cent are found to be of domestic violence.

A total of 16,519 cases of domestic violence were reported in the period. Of this, 7,813 cases were of physical violence, 6,995 were of mental violence, 1,704 cases were of economic violence and seven cases were of sexual violence, the report stated.

Similarly, the cases of domestic violence accounted for almost 80 per cent of the 21,447 complaints registered with Police in fiscal year 2021/22.

Over the period of 10 years, the number of domestic violence cases witnessed a nearly tenfold increase, jumping from 1,800 cases in fiscal year 2012/13.

Despite the increasing reported cases, many cases of domestic violence remained underreported due to the limited access to protection mechanism, legal treatment, and justice for victims.

Chief of Women, Children and Senior Citizen Service Directorate, Senior Superintendent of Police (SSP) Dr. Manoj Kumar K.C. said the reported cases of domestic violence have increased in recent years due to the awareness and sensitization.

Women are now empowered and they now know their rights that they should not tolerate such violence, he said, adding, “So they freely lodge complaints against the abuser.”

“But we still believe that this is not the actual status of domestic violence. Many cases still remain unreported due to our social and cultural values. So, the Nepal Police is planning to carry out a baseline survey on this,” he added.

Status of victims of domestic violence

As per the police report, a significant majority, comprising 13,454 individuals, were reported as being illiterate.

Only a small fraction of 148 victims had completed a Bachelor's degree or higher education, 841 victims had education up to grade 12, 1,672 had completed the school level and 421 are literate.  

Similarly, the majority of the victims, totaling 9,155 were identified as homemakers whereas, 4,839 were engaged in agricultural work, 313 were employed in various jobs, 368 were involved in business, 1,507 were working as daily wage labourers and 354 were students.

Regarding the survivors' relationship with perpetrators in domestic violence cases, the report from Women Rehabilitation Centre (WOREC) indicates that 77.28 per cent of the crimes were perpetrated by husbands, while the remaining 22.72 per cent were committed by other family members.

According to the police report, women aged between 26-35 are more prone to experience domestic violence, followed by those aged 19-25 and 36-45 years.

Factors that beget domestic violence

In a society with patriarchal norms, violence against women stems from the unequal power dynamics between men and women, said advocate and women activist Meera Dhungana.

“Social stigma, poverty, lack of awareness, lower socioeconomic status, illiteracy, lower household income, unequal gender norms, and limited access to education stand as significant contributing factors to violence against women in Nepal,” she added.

Victims reluctant to pursue legal action

According to the Domestic Violence Act 2009, a person who commits domestic violence is subject to a fine of Rs. 3,000 to 25,000 or six month’s imprisonment or both, depending on the severity of the crime.

Despite the increasing instances of domestic violence, many victims continue to endure their suffering silently.

Thousands of domestic violence cases are registered at the women cell of Nepal Police, Women Commission and local bodies but almost none or a handful of victims go to the court to prosecute their perpetrators. The significant proportion of these cases ultimately conclude through settlement.

According to the annual report of the Office of the Attorney General, in the fiscal year 2021/22, there was not a single case of domestic violence handled by the office of the Attorney General.

SSP Dr. K.C. said it is because Nepal’s law itself favours mediation over prosecution, as domestic violence is regarded to be a family affair.

He said, “If all avenues for compromise and reconciliation have been exhausted, and in instances of serious offences, such as rape and murder, a case will be filed in the respective district court.”

According to women activists, the key reasons women refrain from approaching the court is due to recommendations of police and concerned authorities for couples or family members to resolve the matter between themselves.  

The victims are also compelled to reach a compromise with perpetrators due to family pressure, social stigma and financial dependence on perpetrators, said advocate Dhungana.

She said not all offenses are suitable for mediation. In cases involving physical harm or threats to a person's well-being, reconciliation should not be chosen.

In some cases, attempts at reconciliation have resulted in severe consequences, she said, adding, “There is a need to review the law because once misunderstandings surface in a relationship, it requires significant efforts to mend.”

SPP Dr. K.C. mentioned that the police have also acknowledged the necessity for a review of the prevalent law.

The women activists also highlighted the failures of state mechanism to support the victims.

State efforts to prevent GBV and state of shelter homes

Chief women development officer of Gender Based Violence Prevention Division under the Ministry of Women, Children and Senior Citizens, Mamata Bista, said the ministry has implemented numerous programmes, such as President Women Upliftment Programme, aimed at bolstering gender equality and economic empowerment.

This approach is pivotal in addressing the primary reasons behind the persistence of gender-based violence, she added.

The government has also introduced gender equality policy, running gender sensitivity training, established women cells in police stations and One Stop Crisis Management Centres (OCMC) in district level hospitals to provide integrated services to survivors of GBV, she added.

However, the ministry has not instituted any specific programme dedicated to preventing GBV apart from organising the annual 16-day campaign against gender-based violence.

Bista mentioned that the government's budget cuts have posed a challenge in implementing programmes as initially anticipated.

Moreover, she asserted that following the shift to federalism, the government delegated the power of the district women and children offices to the local bodies.

“Because the local bodies do not hold direct accountability towards the ministry, there is a lack of coordination. Consequently, the ministry remains unaware of the specific efforts made by the local units to address gender-based violence (GBV),” she added.

Similarly, the ministry lacks information regarding the number of safe shelter homes specifically designated for survivors of gender-based violence.

Bista mentioned that a total of 21 shelter homes, managed by district women and children offices, have been transferred to municipal levels.

Additionally, several municipal levels and NGOs are operating their shelter homes but the Ministry lacks specific information regarding their numbers, she added.

According to her, the Ministry has forwarded the process of constructing long-term rehabilitation centers in Madhes, Lumbini and Sudurpaschim provinces.