2.1 Are there civil and criminal legal remedies for domestic violence victims?
Yes, under the Domestic Violence Act, perpetrators face up to six months of imprisonment and/or a fine.[1] Under the same statute, the perpetrator is also responsible for the costs associated with the victim's treatment for physical and mental harm.
Depending on the nature and degree of the act, the perpetrator may be ordered to pay compensation to the victim. The economic and social status of the perpetrator and victim will be considered when determining the compensation.2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?
Yes, the Interim Constitution of Nepal provides an explicit guarantee against violence against women. The following items apply according to Article 20:[2]
- No woman should be discriminated against in any way based on gender.
- Every woman has the right to reproductive health and other reproductive rights.
- No physical, mental or other form of violence should be inflicted on any woman and such an act will be punishable by law.
- Sons and daughters have equal rights to ancestral property.
2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?
No, Nepal is not a member of the Istanbul Convention.
2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?
N/A
2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?
No information has been found to indicate that Nepal has any explicit plans to ratify/sign the Istanbul Convention.