The police frequently refuse to register cases of gender-based violence, including rape cases on occasion. The police often prefer to use mediation rather than a criminal investigation to resolve conflicts.
The Nepal Police have women's cells staffed by female officers in each of the country's 77 districts to make it easier for women and girls to report crimes to the police. According to the Women, Children and Senior Citizen Service Directorate, all 233 women's cells across the country are in operation. Nongovernmental organizations have stated that, despite improvements, resources and training to deal with victims of domestic violence and trafficking are insufficient. Although police guidelines call on officers to treat domestic violence as a criminal offense, this guidance is difficult to implement outside of the women's cells due to entrenched discriminatory attitudes.
From the Domestic Violence Act, a person who has knowledge that an act of domestic violence has been committed, is being committed or 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.It does not appear to be common for law firms to be involved in these complaints. It appears to be managed locally with the police and local courts.[13]
Proof does not appear to be required and a verbal complaint would be sufficient. A victim can go to the nearest police station or municipality and file a complaint either orally or in a written form. Once the complaint is filed, the police will write the application and make the victim sign the application of complaint along with a thumb impression.
In cases of severe acts of domestic violence (such as an acid attack, physical assault, burning, sexual assault, etc.) that has caused physical and mental injuries and disability, the police will file the allegations against the person who has committed the act.[14]A witness will not be excused from answering any questions upon the ground that the answer to such a question may incriminate them.
The parents of the party will not be compelled to be witnesses. Notwithstanding anything contained in other sections of the Domestic Violence Act or any other prevailing law, the parents, son, daughter, husband or wife of the party to the case will not be compelled to be witnesses against such party.Nepal passed the Act Relating to Children 2075 (2018). This act provides special rights for children that are victims. They will have the right to child-friendly justice in every stage of the investigation, prosecution and judicial process. The child will get information in the language they understand, they have the right to keep the details of their personal identification confidential and they have the right to recover reasonable compensation from the offender.[17]
The law stipulates the following in relation to penalties (Section 13 of the Domestic Violence Act):
- A person who commits an act of domestic violence will be punished with a fine of between NPR 3,000 and NPR 25,000 or six months of imprisonment, or both.
- A person who attempts to commit domestic violence or assists the crime, or incites others to commit the crime, will be liable to half the punishment of the perpetrator.
- A person who has already been punished for the offense of domestic violence will be liable to double the sentence upon every repeat offense.
- If a person holding a public office commits the offense of domestic violence, the sentence will be subject to an additional 10% punishment.
- A person who disobeys a court order made pursuant to Section 6 of the Domestic Violence Act will be punished with a fine of between NPR 2,000 and NPR 15,000 or four months of imprisonment, or both.
- Depending on the nature and severity of the domestic violence, the pain suffered by the victim, and considering the economic and social status of the perpetrator and victim, Section 10 of the Domestic Violence Act stipulates that the court may order the perpetrator to pay appropriate compensation to the victim.
Rape and domestic violence
Rape, including marital rape, is illegal, with the minimum prison sentence varying between five and 15 years depending on the victim's age.
The law also mandates five years of additional imprisonment in cases of gang rape, the rape of pregnant women or the rape of women with disabilities. The victim's compensation depends on the degree of the mental and physical abuse. Nepal's definition of rape does not include male victims. Male victims may file a complaint under an "unnatural sexual offense," as discussed in the Penal Code; the highest punishment is up to three years of imprisonment and a fine.
Other harmful traditional practices
The Constitution of Nepal criminalizes violence against or oppression of women based on religious, social or cultural traditions, and it gives victims the right to compensation. The Criminal Code makes the practice of paying dowries illegal and imposes a fine and a prison sentence of up to three years, or both. The legislation also criminalizes violence committed against one's spouse in connection with a dowry and imposes a substantial fine and a prison sentence of up to five years, or both. Additionally, the law stipulates that any psychological abuse of women, including asking for a dowry, humiliation, physical torture and shunning women for not providing a dowry, is punishable.
The law specifically criminalizes discrimination and violence against those accused of witchcraft. The law also criminalizes acid attacks.
Regarding the practice of chhaupadi (expelling women and girls from their homes during menstruation and, sometimes, following childbirth, including forcing women and girls to reside in livestock sheds), in 2018, a law that formally criminalized the practice went into effect. It stipulates a punishment of up to three months of imprisonment or a fine, or both.
Sexual harassment
The law allows the top administrative official in a district to impose up to six months of imprisonment or a fine, or both, against a perpetrator once a series of internal workplace processes to address the complaint have been exhausted.According to Section 6 of the Domestic Violence Act, interim protection orders may be granted.
According to Section 13(5) of the Domestic Violence Act, a person who disobeys a court order made pursuant to Section 6 of the Domestic Violence Act will be punished with a fine of between NPR 2,000 and NPR 15,000 or four months of imprisonment, or both.The law allows complaints of domestic violence to be settled through mediation with an emphasis on reconciliation. The authorities usually only pursue prosecution when mediation has failed.
A court may grant an interim protection order if the court has reason to believe that the victim needs to be given immediate protection based on the preliminary investigation of the complaint. Up to the time the final decision on the complaint is made, it may pass different orders against the perpetrator, such as allowing the victim to continue to live in the shared house; to provide him/her with food and clothes; to not cause physical injury and to behave in a civilized and dignified manner; to give money for any treatment the victim may require as a result of the violent act; to make the necessary arrangements for the separate stay of the perpetrator; to make the necessary arrangements for the maintenance of the victim; and to not harass the victim by entering their place of residence or employment, or through communication on social media platforms.[18]