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1. Background Women constitute half (11587502) of the total population (23151423) in Nepal. The status of women is vulnerable. The number of the women in public service (8.55%), army (0%), non-governmental sector, government (13.47%), politics, and tourism is nominal. Only one woman is serving as an ambassador, a women member is appointed in a planning commission and a few women judges (6 out of 241) are in the courts. Women in decision-making level are minor. They are backward in every sector. Their health condition, education, social and economic condition is pitiable. There are various causes that make women more vulnerable to be victim. Violence against women is rampant in the country and they are in various forms. Social pattern, discriminatory laws, religion, education, policy and patriarchal systems from center to the local, even in the mindset of the people are the main causes that violate the rights of women. Violence against women is the violation of rights of women. Breach of human rights described in the Universal Declaration of Human Rights, 1948, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 and other instruments constitute the violence against women.
2. Forms of Violence Analyzing the incidents and cases of the world that occurs against women basically violence, is prevalent in the world in different forms, which is against women. They are:
- Political violence
- Social violence
- Cultural violence
- Economic violence
- State violence
- Domestic violence
- Rape and sexual violence
- Dowry related violence
- Trafficking
The chain and form of violence against women are interrelated. A background of one case gives enough ground to produce another violence. For instance, Rape and sexual violence often come together or related with domestic violence and political violence. I would like to focus here on rape and sexual Violence, trafficking, domestic and political violence relating to other forms of violence in the context of Nepal.
2.1 Rape and Sexual Violence Rape and sexual violence is recognized by the international human rights standards as a tactic of repression and torture that has been used by states on many occasions. Rape by government agents is a common method or torture inflicted on women. The rape and sexual assault of women takes place on a massive scale in war, conflict and humanitarian disasters. In such times, sexuality of women is always in a centre point to be misused. Women of every community and every level are more vulnerable to be the victim of rape and sexual violence. Women of conflict zone, displaced and refugee women, working women and women in private sphere are more likely to be the victim of rape and sexual violence.
*According to INSEC database. Many women are raped in custody, in army barracks (see the field study report in the box) and even in the search time during the conflict. They are sexually assaulted and abused in the name of inquiry and investigation by the security forces. There are reported news on the rape and sexual violence against women by the Maoists.
Tarnum and Tabsum Maniyar, women cousins from Nepalgunj aged 16 and 18 were detained by the Army in April 2002 and taken to the Army camp at Chisapani, where they were raped. Amnesty International thereafter publicized the case. The Army immediately sent armed officers to visit them at their home and pressed them to retract their complaints and deny the incident. Under severe pressure, they retracted their statement and the retraction was broadcast three times on television. The retraction seems to have been accepted by the authorities as final and no further action is likely to be taken.
*From field study done by INSEC 2.2 Trafficking Women and girls of Nepal are trafficked to or via India for the purpose of sex trade, factory work or domestic work. Each year flock of Nepalese women recruited to the sex market of India such as Bombay, Calcutta and other markets.
2.3 Dowry/witchcraft Violence related to dowry and accusations of witchcraft to women (see boxes below) are prevalent in plain region of the country. Beatings, assaulting, battering, torturing to women are common. Even the community people are involved in such kind of acts. Bride burning, polygamy psychological and emotional violence are general in the case of dowry. According to the INSEC Database, altogether 69 women are victims due to the accusation for practicing witchcraft in the year 2002(see the box).
Number of Victims
| Occupation |
Total |
| Agriculturists |
48 |
| Civilians |
6 |
| Housewives |
3 |
| Labourers |
6 |
| Students |
1 |
| Teachers |
1 |
| Businesswomen |
1 |
| Unidentified persons |
3 |
Violence in the name of witchcraft Nira Devi Khatiwada, 58, a resident of Diyale VDC-6, was severely beaten charging her of practicing "witchcraft" by Chandra Bahadur Hamal and others; Putalimaya Ghalan, 65, the resident of Padam Pokhari VDC-4, Gothdamar, was fed excrement and urine of monkey, dog and human, beaten and taken around thoroughfares of the village by the villagers on 15 October 2002 on charge of practicing witchcraft. (INSEC 2002 Human Situation Report October –December).
Dowry related violence Kiran Devi Kalwar, aged 21, of Dipahi VDC was killed by her husband by feeding poison on 16 March. The victim was alleged of not bringing dowry and the perpetrator fled away. (INSEC 2002 Human Rights Situation Report, Jan-Mar).
The list of the violence against women is much larger than this. Beside these, child marriage, sexual harassment in work/public place and polygamy are other forms of violence that are rampant in the country.
3. Efforts to end violence against women The role and movement of NGOs working in women issues have given much effect on policymaking level and law enforcing bodies. There is a set up of Women Commission to deal with the issues related on women in the country. It takes applications from the victims and recommends the government for its effective remedy to them. National Human Rights Commission (NHRC) has a special rapporteur on women trafficking. The NHRC also accepts the complaints from victims and act from its best to redress victims. The role of the court is also significant while talking on the efforts to end violence against women. The Supreme Court of Nepal has interpreted the enforced sex as marital rape. The court has applied international standards of human rights while interpreting/deciding the cases. Comparing to other international instruments ratified by Nepal, provisions of CEDAW is applied more or less in Nepali soil.
4. Conclusions/Recommendations Nepal has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and other international human rights instruments after the restoration of democracy in the country. Nepal has applied liberal attitude and practice towards applying international standards of human rights in the country. The Treaty Act, 1990, has given the priority to the international instruments by saying that the international conventions and treaties that has been ratified by the country are as equal as domestic law of the land and domestic laws which are inconsistent with those ratified instruments become void and provision of international laws prevails in the country. Though there are good examples on ending violence against women, there are lacunas and lacking to work on this ground. In this light, following are the recommendations.
- Women should be protected from violence and they should be empowered to protest violence.
- The government and non-government agencies should build common strategies to work on fulfillment and protection, promotion of human rights of women.
- New legislation should be made and the pending laws should be passed.
- The commission should be autonomous in order to enhance its role to promote and protect the rights of women.
- Relationship should be made and buildup with the UN agencies and other international agencies to internationalizing the issues.
- Use of international bodies (treaty bodies, charter mechanisms, litigations) should be maximized.
The Bill of Violence against Women in Nepal should be passed.
- The chain of patriarchal domination and structural discrimination should be ended.
References
INSEC. 2002. Human Rights Situation Report, March, Year 10. Number 1. Kathmandu: INSEC. INSEC. 2002. Human Rights Situation Report, December, Year 1o, No.3. Kathmandu: INSEC
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