Give Justice To Aarti

Bini Dahal

Not long ago, the world celebrated International Women’s Day. This event is marked on March 8 every year with different slogans and programmes. However, the real condition of women is not up to the mark.  The present Constitution of Nepal calls the right of women to be a fundamental right. The national charter also ensures the right to constitutional remedy to protect the fundamental rights. For a long time, women have been considered inferior to men. And till date, the disparity between the two is very wide. So, constitutional provisions are necessary to protect and empower women. However, women are not free from discrimination and ill-treatment. Both the rural areas and the cities have many cases where women have been victims of different kinds of violence. 

A year ago, Aarti Shah, a 22-year-old girl was reportedly murdered in her marital home. At that time, she was two months’ pregnant. Her family alleges that she had to face such cruelty from her in-laws because she had not brought enough dowry. Aarti’s family has been continuously struggling to ensure that she receives justice sooner or later. In the past Janakpur’s High Court had granted bail to the husband and the father-in-law. But after the dissatisfied family filed a case in the Supreme Court, the court reverse the order. It ordered the husband be sent to jail for investigation. Also, a bail of Rs.100, 000 had been sought from the father-in-law.

The recent development is that the government has come in terms with Aarti’s family through a five-point agreement. It has decided to mobilise the Central Bureau of Investigation (CIB) to look into the case and present it to the court. As per the agreement, the investigation team would coordinate with the victim’s family and carry out necessary investigation. The authority would also look into lapses within the previous investigations besides the alleged bad treatment by the police. The Ministry of Home Affairs has also decided to provide compensation to Aarti’s family. 

The alleged crime highlights the suffering that women have to face even today. In Terai, people are still found hankering after dowry. And in the case where it is not enough, married women are found getting tortured and assaulted by their in-laws. This incident took place in Terai and reflects the deeply-rooted dowry seeking culture within the society.

Also, it is terrifying to see how victims and their families are forced to go through difficult situations just so that they can gain justice. Over the years, be it the case of rape or other forms of violence, our investigation process immediately slows down when it comes to identifying the perpetrator. Only, taking extreme measures and putting oneself in difficult situations opens the eyes of the concerned authorities and the political leaders. Else, we do not find them much concerned about the people and their welfare and their right to justice.

 It is a big irony that the state mechanisms and the elected people’s representatives are unable to function effectively for ensuring the rights of those in trouble. There are too many policy-related and administrative loopholes hindering the process of delivering justice to the victims efficiently. Had the lip service of the leaders solved every problem in the country, we would have no injustice, no crime and no people who felt really wronged and ignored by the state. Most importantly, when it comes to protecting the rights of women and ensuring a successful celebration of the International Women’s Day, we will require concerted efforts in the coming days.