Introduction
The sexual violence experienced by women in Nepal operates as a complex system-oriented crisis because multiple practices of discrimination in multiple forms effectively strengthen its impact. This violence disproportionately impacts women who face various forms of oppression based on various intersectional factors like: economic status, illiteracy, patriarchal mindset, child marriage, disabilities and caste-based discrimination. When women are locked inside exploitative surroundings, their lack of literacy becomes a barrier preventing them from understanding protective rights and taking a stand against abuse.
Patriarchy has been yet another prominent factor based on which women are facing sexual violence in Nepal. Disabled women have to constantly confront excessive dangers because of the way society treats them and their limited access to support. Dalit and women belonging to marginalised castes face gravely threatened situations because of caste-based and gender-based violence. Women face more risks when their identities overlap, and the government has often failed to protect them by punishing the wrongdoers.
Different Intersectional Factors Acting as Propellant to Sexual Violence
The natural beauty of Nepal hides a dark truth where sexual violence spreads between different social groups formed by caste and gender divisions, economic standing and regional location.
Untouchability
Dalit women experience extreme sexual violence because oppressors use their status to maintain dominance.. A recent report from the National Dalit Commission in 2022 indicated that gender-based violence affects 45% of Dalit women but police and local officials seldom address these cases.
Disability
Women with disabilities are more prone to violence in double capacity, i.e. gender and disability, yet the complaint mechanisms are not friendly for them, which is creating a major backdrop in the filing of cases. As per WOREC Nepal’s report of 2023, disabled women encounter multiple kinds of violence. A staggering 43% of reported cases involved victims being raped. The data indicates that domestic violence stands as the second most common type of assault after rape with a rate of 29% among disabled women. Both sexual abuses along with social violence show noticeable impact on disabled women since they represent 14% of reported cases.
Geographical location and age factor
Women and girls in distant Himalayan Mountain regions like Karnali, Jumla, Humla and communities like Chepang and Raute have limited access to education and healthcare, thus becoming susceptible to trafficking and abusive treatment. The absence of easy access to justice and legal protection leaves urban poor women working as domestic service workers completely unprotected against harassment.
Gender Based Discrimination
Although Nepal has progressive laws, queer Nepalese experience several sexual violence cases. According to joint research conducted by Blue Diamond Society, UN, and Viamo Nepal in 2023, 68% of LGBTQIA+ community members experienced sexual violence from family members who were trying to control their behavior based on social beliefs. Lower-caste trans women encounter the highest levels of discrimination and mistreatment.
Low- Economic Status
Nepalese women who rely financially on their husbands face greater danger of abuse from intimate partners. According to a study based on the Nepal Demographic and Health Survey 2022 data, around 27% of women aged 15 to 49 reported various forms of domestic abuse. Women who depend on their husbands economically tend to stay in abusive relationships because of a lack of financial independence..
According to WOREC Nepal’s annual report of FY 2078/79, 50% of sexual violence instances were of rape where the largest percentage of survivors (45%) were under the age of 18. Likewise, 90% of the criminals were individuals familiar with the victims. The highest number of reported cases in Nepal come from Province No. 1 and Madhesh Province. Most of the victims of sexual violence were children, and the perpetrators were mostly from the age group consisting of 18–25-year-old young males. The combination of limited literacy and violence within family ties has intensified the sexual violence problem among women in Nepal.
Legal and Judicial Responses to address sexual violence based on intersectional factors
After the promulgation of the National Penal Code in 2017, the criminal justice system has profoundly emerged in the context of Nepal. In terms of sexual offences, Chapter 18 of the Code has provided rape, incest, sexual abuse, unnatural sex and child sexual abuse as major sexual offences. The Constitution of Nepal under Article 38 has guaranteed the fundamental right against sexual violence under Article 38(3). The article is read as “No woman shall be subjected to physical, mental, sexual, psychological or other form of violence or exploitation on grounds of religion, social, cultural tradition, practice or on any other grounds. Such an act shall be punishable by law, and the victim shall have the right to obtain compensation in accordance with law.”
The Criminal Code has recognised the following intersectional factors for sexual offences: i) disability, ii) person under one’s security or protection, iii) pregnant women, iv) sexual relation at workplace or while obtaining professional services. If any act under the sexual offences is committed, including these factors, then there is a provision of additional punishment. Similarly, Section 38 of the Code has provisioned different factors that aggravate the gravity of offence.
The role of the Nepalese judiciary has been remarkable in overcoming challenges related to investigating and prosecuting sexual violence.
Under sexual offences, rape is the highly committed sexual offence in Nepal. Supreme Court of Nepal in Kailali ‘e’ (changed name) vs Amarbahadur Bogati adjudicated that:
“Even if the victim cannot file a complaint due to social, economic, or personal constraints, the police must investigate if they are aware of the crime.”
Similarly, in Kanchi Raut vs Rajesh K.C the court has highlighted illiteracy as an intersectional factor in rape stating that,
“An uneducated victim may struggle to recount events consistently, but inconsistencies alone cannot justify dismissing a rape allegation as false”.
The court in Triratna Chitrakar vs Nepal government defined custodial rape by pedophile for the first time highlighting remarkable judgement in child-rape case. In a recent judgement of Jugmani Tharu vs Govinda Khadka, the Court established that.
“The level of social awareness about crime, economic and social conditions, potentials further harm to the victim, her family and social reputation”.
The court in Durgadatta Bhatta vs Pseudonym ‘P’ ruled that
“if there is delay in a complaint due to the victim being a mentally disabled minor from a remote area with limited economic resources or if she was incapable of understanding the nature and consequences of the crime committed against her or how to seek judicial remedies, it doesn’t warrant the dismissal of the charges against accused”.
Conclusion
High rates of sexual assault in Nepal have a serious negative influence on those who are socially underprivileged. Key court rulings highlight the importance of understanding how factors like socioeconomic background, poverty, and culture make it harder to prosecute sexual offences. Deeply-rooted biases can't be removed just by applying the law; there must also be inclusive laws, public awareness campaigns, and structural reforms to protect vulnerable groups. A socially transformative approach, supported by strong law enforcement, is needed to effectively address sexual assault. Nepal’s legal system will only be fair and victim-centered when access to justice is not influenced by caste, gender, economic status, or disability.
References
Blue Diamond Society, UN, & Viamo Nepal. (2023). LGBTIQ+ study report.
https://bds.org.np/wp-content/uploads/bsk-pdf-manager/2023/06/np-LGBTIQ-Study-Report-11June-English.pdf
Crenshaw, K. (1989). Demarginalizing the intersection of race and sex: A Black feminist critique of antidiscrimination doctrine, feminist theory and antiracist politics. University of Chicago Legal Forum, 1989(1), 139–167.https://www.jstor.org/stable/1229039
Disability Rights Fund. (2015, December 8). Women and girls with disabilities face unique risks in Nepal. https://www.disabilityrightsfund.org/2015/12/08/women-and-girls-with-disabilities-face-unique-risks-in-nepal/
Durgadatta Bhatta v. Pseudonym 'P' (2078). https://nkp.gov.np/full_detail/9742
Forum for Women, Law and Development. (2023). Sexual violence in Nepal.
https://fwld.org/wp-content/uploads/2023/04/sexual-violence-1.pdf
Government of Nepal. (2015). Constitution of Nepal. https://www.moljpa.gov.np/wp-content/uploads/2017/11/Constitution-of-Nepal-_English_-with-1st-Amendment_2.pdf
Government of Nepal. (2017). National Penal Code, 2017. https://www.moljpa.gov.np/en/wp-content/uploads/2018/12/Penal-Code-English-Revised-1.pdf
International Labour Organization. (n.d.). Domestic workers and violence in Nepal.
https://www.ilo.org/media/217946/download
Jugmani Tharu v. Govinda Khadka (2076). https://nkp.gov.np/full_detail/9376
Kailali 'e' (changed name) v. Amarbahadur Bogati (2073). https://nkp.gov.np/full_detail/8666
Kanchi Raut v. Rajesh K.C (2060). https://nkp.gov.np/full_detail/1168
Kathmandu Post. (2022, December 24). How Nepali society silences gender-based violence survivors. https://kathmandupost.com/national/2022/12/24/how-nepali-society-silences-gender-based-violence-survivors
Ministry of Health, Nepal. (2016). Nepal Demographic and Health Survey 2016.
https://dhsprogram.com/pubs/pdf/FR336/FR336.pdf
National Dalit Commission. (2022). Report on caste-based violence against Dalit women.
https://ndc.gov.np/
OAS (2023). Violence against women with disabilities. https://belemdopara.org/wp-content/uploads/2023/05/Report-Violence-Disabilities.pdf
Office of the High Commissioner for Human Rights. (n.d.). Rural women and caste-based discrimination.https://www.ohchr.org/sites/default/files/Documents/HRBodies/CEDAW/RuralWomen/FEDONavsarjanTrustIDS.pdf
Onlinekhabar. (n.d.). Women with disabilities in Nepal. https://english.onlinekhabar.com/women-with-disabilities-nepal.html
Sapkota Paras Mani et.al., (2023). Economic dependency and domestic violence in Nepal. PLOS ONE,18(6). https://doi.org/10.1371/journal.pone.0308107
Triratna Chitrakar v. Nepal Government (2066). https://nkp.gov.np/full_detail/2627
Women’s Rehabilitation Centre (WOREC). (2022). Annual factsheet on gender-based violence 2022.https://www.worecnepal.org/uploads/publication/document/1190717651Annual%20Factsheet%20on%20Gender%20Based%20Violence_2022%20(2).pdf
Women’s Rehabilitation Centre (WOREC). (2023). Violence against disabled women in Nepal.
https://www.worecnepal.org/resource/104/2023-03-01
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