1. Legal provisions
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1. Legal provisions
1.1 What are the relevant statutes and codes?

Nepal is a party to seven of the nine principal international treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women, which it ratified in 1991, together with the Optional Protocol, which it ratified in 2007. It has yet to ratify a number of other core United Nations human rights treaties and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime.

The Constitution of Nepal has brought many progressive provisions with the aspiration of achieving an equitable society in accordance with the principles of inclusion and the proportional participation of women. In particular, it contains a specific article on violence against women (Article 38 (3)), according to which no woman should be subjected to physical, mental, sexual, psychological or other forms of violence or exploitation on the grounds of religion, social or cultural tradition, practice or any other grounds. Such acts will be punishable by law and the victim will have the right to obtain compensation in accordance with the law.

Below is a list of other relevant laws:

  • Domestic Violence (Offense and Punishment) Act, 2066 Bikram Sambat (BS) (2009) ("Domestic Violence Act")
  • Police Act, 2012 BS
  • Libel and Slander Act, 2033
  • Country Code, 2020 BS
  • Crime and Punishment Act, 2027 BS
  • Social Practices (Reform) Act, 2033 BS
  • Children Act, 2048 BS
  • Labor Act, 2048 BS
  • Local Self-Governance Act, 2055 BS
  • National Women Commission Act, 2063
  • National Women Commission Rules, 2063 BS
  • Human Trafficking and Transportation (Control) Act, 2064
  • Human Trafficking and Transportation (Control) Regulation, 2065 BS
  • Domestic Violence (Crime and Punishment) Act, 2067
  • Gender Violation Elimination Fund (Operation) Rules, 2067 BS
  • Gender Equality Act, 2006
  • Appellate Court Regulation, 2048 BS
  • State Cases Act, 2049 BS
  • Supreme Court Regulation, 2049 BS
  • District Court Regulation, 2052 BS
  • Procedural Guidelines for Protecting the Privacy of the Parties in the Proceedings of Special Types of Cases, 2064 BS
1.2 What is the controlling case law?
The controlling case law is the Supreme Court of Nepal, Special Bench, Meera Dhungana v. Government of Nepal, Writ No. 55 of the year 2058 BS (2001-2002). Following the landmark Supreme Court decision of 2003, marital rape is now considered a crime under law. Under the National Penal Code, 2017, the punishment for marital rape was increased to five years in prison.
1.3 What are the specific parts of the court system that address domestic violence?
The police, the National Women Commission or a local body addresses domestic violence. 
1.4 What are potential causes of action?

Individuals or organizations can seek remedies for human rights abuses in national courts. However, the law prohibits arbitrary interference with privacy, family, home and correspondence. 

A victim must file their own complaint with the National Women Commission, the police, or a district court or local body. The role of the police is limited to facilitating a compromise between the victim and the perpetrator instead of investigating the incident for the purposes of potential criminal proceedings. 

A person who has knowledge of an act of domestic violence that either (i) has been committed, (ii) is being committed or (iii) is likely to be committed may lodge a written or oral complaint setting out the details of it with the police, the National Women Commission or a local body.