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 provisions of domestic violence law in Nepal.
Introduction to Domestic Violence in Nepal
Domestic violence is the behavior/act shown by any person in a relationship to control or humiliate the other. This behavior can occur between married couples or couples in a relationship, same-sex partners, or those who are living together, separated, or dating.
It's essential to know that anybody can be a sufferer of domestic violence, regardless of age, sex, financial status, or background. In Nepal, domestic violence is a vital issue, mostly grounded in cultural values and a patriarchal society.
Forms of Domestic Violence
Physical Abuse: This consists of actions such as harming the body, causing injury, hitting, causing physical pain, slapping, or any other action that causes bodily harm. Such abuse or action may result in temporary or permanent disability to the body.
Mental Abuse: This includes the action that causes mental pain, emotional imbalance, and doubt in one's ability. It mostly consists of defamation, insults, discrimination, humiliation, and psychological manipulation.
Sexual Abuse: Forcing sexual activities, unnecessary as well as unwanted touching, and harassment sexually come under sexual abuse. sexual harassment is a major domestic violence that often.
Economic Abuse: Financial restriction, no direct access to money, control of economic resources, and no freedom to earn money independently come under economic abuse.
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, and 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: The traditional concept of giving priority to patriarchal behavior often gives men more freedom and power, and gives more motivation for violence.
Underreporting: To protect the prestige of the family and due to threats and pressure, victims do not want to file a complaint against the perpetrator.
Institutional Barriers: Ineffective implementation of the law relating to domestic violence restricts justice to the victim.
Economic Inequality: Victims are dependent on the perpetrator financially, which makes it difficult to go against them.
Conclusion - Domestic Violence Law in Nepal
The Domestic Violence Act of 2066 is the law that plays an important role in addressing domestic violence. However, ongoing efforts are not enough, and it is necessary to identify the root causes that perpetuate domestic violence.
Governmental and non-governmental institutions, civil society organizations, and society can make a safer environment for everybody, away from the threat of violence.
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