This article focuses on the forms of domestic violence law in Nepal as well as the process of filing domestic violence cases along with the provision of domestic violence law in Nepal.
Introduction to Domestic Violence in Nepal
Domestic violence involves behaviors used by one person in a relationship to control the other. This can happen between married or unmarried couples, same-sex partners, or those living together, separated, or dating.
It’s important to recognize that anyone can be a victim of domestic violence, regardless of their age, gender, economic status, or background. In Nepal, domestic violence is a significant issue, often rooted in cultural norms and patriarchal traditions.
Forms of Domestic Violence
Physical Abuse: This includes acts causing bodily harm or injury, such as hitting, slapping, or causing physical pain. Physical abuse can result in temporary or permanent disability.
Mental Abuse: This involves attacking a victim’s mental state, causing self-doubt and emotional distress. It often includes insults, humiliation, and psychological manipulation.
Sexual Abuse: Any non-consensual sexual act falls under sexual abuse, including forced sexual activities, unwanted touching, and sexual harassment.
Economic Abuse: This form of abuse involves controlling a victim’s financial resources, restricting their access to money, and preventing them from working or studying.
Who Can Complain about Domestic Violence?
Under Nepal’s Domestic Violence Prevention and Control Act 2009, several individuals can file complaints of domestic violence:
- Immediate family members like parents, children, in-laws
- Adopted children
- Workers or dependents living in the same household
Domestic Violence Law in Nepal – Legal Framework
Nepal has established laws to protect individuals from domestic violence and provide justice for victims. The Domestic Violence Act of 2066 is a crucial piece of legislation that defines domestic violence and outlines the process for addressing it.
Filing a Complaint
If someone experiences domestic violence, they can file a complaint either verbally or in writing at the nearest police station, municipality, or local body. The police will document the complaint and, in severe cases, file a First Information Report (FIR) against the perpetrator.
Steps After Filing a Complaint
Summoning the Perpetrator: Once a complaint is filed, the accused is summoned to the police station. If they fail to appear, they may be arrested.
Treatment of Victims: Victims with severe injuries receive medical treatment. Those suffering from mental trauma are provided with psychological counseling.
Efforts for Compromise: Authorities often try to mediate and resolve the issue within the family. This step aims to prevent the matter from escalating to the courts.
Court Proceedings: If mediation fails, the case is taken to the district court, where evidence is presented.
Interim Protection Orders: The court can issue protection orders to safeguard victims from further harm and provide them with alternative accommodations.
Compensation and Punishment: Offenders must bear the cost of the victim’s treatment and rehabilitation. They may also face fines and imprisonment. The law also punishes those who assist in committing domestic violence.
Also Read: Divorce Process in Nepal
Challenges in Addressing Domestic Violence
Despite the legal framework, several challenges persist:
Cultural Norms: Patriarchal values often give men more power, perpetuating cycles of violence.
Underreporting: Victims may hesitate to report abuse due to shame, stigma, and fear.
Institutional Barriers: Inefficiencies within the legal system can hinder justice for victims.
Economic Inequality: Financial dependence can make it difficult for victims to leave abusive situations.
Conclusion
The Domestic Violence Act of 2066 represents a significant step forward in Nepal’s efforts to address domestic violence. However, ongoing efforts are required to address the root causes and systemic issues that perpetuate violence.
Government institutions, civil society organizations, and the community can create a safer environment for everyone, free from the threat of domestic violence.
