This article will help you to know all the information about marital rape law in Nepal.
Marital rape is simply the rape of a wife by her husband. The condition is when the wife does not give consent for sexual intercourse but her husband does it by force, threat, physical violence, etc. It is a non-consensual act of violent perversion by a husband against the wife where she is abused physically and sexually.
Marital rape is the broadened concept of rape. In the past, sexual intercourse between husband and wife was legal, no matter if the sexual intercourse was done forcibly or with physical violence.
But the concept and definition of rape are widened with the modernized society. Taking into consideration that there may be forceful sexual intercourse between husband and wife, the concept of marital rape and legal remedies regarding this was brought.
Meera Dhungana v. HMG (Supreme Court Bulletin, vl.5 at 13-21, 2059). This is the landmark case to define rape under marital rape in Nepal.
Marital Rape Law in Nepal – Legal Provisions
Marital rape law in Nepal is guided by the Muluki Criminal Code 2074. According to Muluki Criminal Code 2074,
Section 219 (4)
Notwithstanding anything contained in sub-section (3), if the husband commits rape to the wife, except in any of the following circumstances, he shall be liable to punishment with imprisonment not exceeding five years:
But the following condition is not regarded as marital relation in existence:
- Separated from the husband and a suit for a share of the family property has been instituted.
- Living separately from her husband has taken her share of the property.
- A suit for divorce with the husband has been instituted.
Section 219(5)
In the due process of the case and demand of the wife, the court can order the following conditions:
- To give money for treatment or provide proper treatment
- If there is a problem to live in the same place manage in the separate place
- To protect the wife and don’t give torture the wife
- To give space in the same home where she is residing
FAQs – Marital Rape Law in Nepal
Can a husband and wife do sexual intercourse without consent?
No, a husband and wife can not do sexual intercourse without consent. If a wife does not give consent for sexual intercourse, the sexual intercourse of that situation will be called marital rape. The consent obtained forcibly or by physical violence is not considered consent.
What is the punishment for marital rape in Nepal?
If the husband commits rape to the wife, he shall be liable to punishment with imprisonment not exceeding five years according to the Muluki Criminal Code 2074.
What are the conditions that are not considered as marital relations in existence?
Following conditions are not considered as marital relation in existence:
1. Separated from the husband and a suit for a share of the family property has been instituted.
2. Living separately from her husband and has taken her share of the property.
3. A suit for divorce with the husband has been instituted.
