Acknowledgements

The present research work is substantially based on the domestic violence against
women and present law system in Nepal to counter the violence. This is a moment of great
pleasure and privilege for me to take an opportunity to offer my gratitude and regards to
many wonderful people who have supported and helped me whole heartedly to carry out
and complete this research work. I would like to express my gratitude to all of them.

At the outset I specially record my highest sense of gratitude to my esteemed guide Mr.
Munindra Awasthi, under whose supervision and valuable guidance my research study was
undertaken. I am fully aware that my research work would have never been completed
without his constant encouragement, inspiration and excitement.

I must express my sincere gratitude to all of the Professor, Dean of Law Faculty,
Head of Central Department of Law Faculty and all Associate Professors, Campus Chief of
Nepal Law Campus and several members of the Faculty of Law, T.U. with whom I had
interacted on several occasions and benefited from their ideas and thoughts.
Last but not the least I am sincerely thankful to my friends for their kind suggestions and
comments.

Sabina Thapa
Nepal Law Campus
LL. B. 3rd Year
Roll No.
T.U. Regd. No.
 CONTENTS

Acknowledgement
CHAPTER-ONE
INTRODUCTION

1.1. Introduction of the Study

1.2. Statement of Problems
1.3. Objectives of Study
1.4. Scope of the Study
1.5. Significance of the Study
1.6. Review of Literature
1.7. Methodology of Study
1.8. Organization of the Study
CHAPTER-TWO

CONCEPTUAL FRAME WORK OF LAW AGAINST DOMESTIC VOILENCE

2.1. Definition and Meaning of Domestic Violence against women and law against
domestic violence of women
2.2. Essential Ingredients of Domestic Violence

CHAPTER-THREE

HISTORICAL EVOLUTION OF LAW AGAINST DOMESTIC VIOLENCE IN

NEPAL

3.1. Classification of History of Law against domestic violence in Nepal

3.1.1.History of Uncodified Law against violence in Nepal
3.1.1.1. Law against violence in Ancient Nepal
3.1.1.2. Law against violence in Medieval Nepal
3.1.1.3. Law against violence in Modern Nepal

CHAPTER-FOUR
STATUTORY FRAMEWORK OF NEPALESE
LAW AGAINST DOMESTIC VIOLENCE
CHAPTER-FIVE
THE NAPALESE CORRUPTION LAW AND JUDICIALPROCESS:
CORRUPTION CASES DECIDED BY THE SUPRME COURT OF NEPAL
(FROM 2015-2061)
CHAPTER-SIX
FINDINGS, SUGGESTIONS AND CONCLUSIOS

6.1. Findings
6.2. Suggestions
6.3.Conclusions
APPENDICES
SELECTED BIBLIOGRAPHY
Chapter–One

1. INTRODUCTION
Undeniably, men and women always comprise the two halves of the population in every
society. However, the right and opportunities accorded to women have never been on par
with the rights and opportunities accorded to men of the said societies. These differences in
the opportunities of life found between men and women have forced women in many
contexts to bear a subordinate positions. This can be seen a number of sectors, namely the
economic, political, social and cultural life of each society.
The prevalence of child marriage and polygynous form of marriage, social aversion
towards widow remarriage and other events like low literary rates, confinement in
domestic work and lack of adequate access to productive resources for females are also
some examples of social discrimination against women in Nepalese Society. Regrettably,
these types of discrimination are historical phenomena. They are supported by the
ideological contents of culture and rules and regulations of society. They appear in
different forms and to different extents in different types of social settings.
This chapter beings by highlighting the historical and ideological elements that are
discriminatory towards Nepalese women. Then it proceeds to discuss the form of violence
and discrimination made by the provision of its laws. Finally it highlights the prevailing
patterns of discrimination faced by the women in areas related to control of resources,
educational attainment, occupational affiliation and involvement in decision making and
the implementation of processes based on data available from different categories of
sample households. Ideologies are the fundamental forces perpetuating the socio- cultural
milieu of nay society. They are manifested in cultural of those societies. As a country
inhabited predominantly by Hindus the ideologies provided for in the ancient Hindu
scriptures. These ideologies are still the basis of many ideological elements adopted by the
state and play primary role in shaping the structure of relationship between different
sections of the population including that between man and women.
The history of the human civilization can be taken as the process of the development of
the human beings. The world during this period has passed from simple to complex stages.
The characteristics of the world vary in social, economic, cultural, political, religious and
national aspects. The population of the world is composed of male and female. The female
population has always occupied the half of the world's population and contribution for the
creation of the new world. Though the contribution and participation of the women is
important, the reality is in a shadow due to the patriarchy culture.
Domestic violence has been found to be a serious problem in every country.
Domestic violence is the core violation of human rights. Domestic violence is the crime or
illegal behavior in the house. The world 'Violence' has negative connotation. Literally
violence signifies treating or having in rigorous way. Domestic violence includes women
violence, discrimination, victimization, misconducts etc. Violence between family
members with other generally called the domestic violence.
Violence against women refers to any type of harmful behavior directed at women
and girls. It also means any act of gender based violence that results in physical, sexual or
psychological harm or sufferings to women, including threat of such acts, coercion or
arbitrary deprivation of liberty, whether occurring in public or private life. The violence
against the women starts from the individual person, family, society and the nation. The ill
treatment, humiliation, torture and exploitations done to the women are women violence.

Traditional attitudes toward women around the world help to perpetuate the
violence. Women violence is a wide spread problem in Nepal. Domestic violence is a great
social problem of Nepalese society. It is a social crime. It is violation of human rights of
victim. It is also called problem related to the family members. Although the house is the
safest and fearless place for every individual but a large number of people throughout the
contemporary world are suffering from heinous crimes or terrors and in some cases even
death. Due to the structure of Nepalese society, the main victims of such domestic violence
are women and girls, because our society is male dominated society.
Women have historically been seen as the weaker sex. In this society, the man has
been historically considered the provider and more powerful figure, and that is the basis for
the exercise of control over the female (Rajbhandari, 2002). So, women need to depend to
their husband and family. Under the Hindu concept too, from the history we can find
women are dominated and suppress by the male. Nepal has been exercising patriarchal
values. After having married, daughter has to leave her material home and to join her
husband at different home. They need to suppose as they are happy although this husband
are giving them physical, mental, emotional or psychological torture.
In the development phase of women human rights and gender sensitization the
women human rights movements pressurize the world to address the issues of women. In
June 1993, at the Vienna World conference on Human Rights, the international community
openly acknowledged that the body of international law and mechanism established to
promote and protect human rights had not properly taken into account the concerns of over
half the world's population. States formally recognized the human rights of women as "an
inalienable, integral and indivisible part of human rights and expanded the international
human rights agenda to include gender specific violation (UN, 1993). In December 1993
the United Nation General Assembly adopted the declaration of the elimination of violence
against women. There are many act and provision related to women violence. This act and
constitution works against the women violence which is seen in our society and across the
world. In Nepal, after the restoration of democracy in 1990, a number of women's group
began voicing their concerns about violence against women, which played crucial role to
make laws relating to advancement of women in Nepal.
There are many act and provision related to women violence. This act and constitution
works against the women violence which is seen in our society and across the world. In
Nepal, after the restoration of democracy in 1990, a number of women's group began
voicing their concerns about violence against women, which played crucial role to make
laws relating to advancement of women in Nepal. The violation of the right of women in
situation of conflict, including systematic rape, sexual slavery and forced pregnancy,
forced sterilization, forced abortion, concerned of forced use of contraceptives prenatal
sex selection and female infanticide. Violence against women is global epidemic that kill,
torture and physically, psychological and economically and socially forms of it includes
physical, sexual, psychological and economical abuse it often is known as "gender-based
violence" because it evolves in platform women's subordinate status on the society
(UNICEF, 2001).
Indeed, domestic violence against women is defined as any form of controlling or
abusive behavior that occurs in a domestic relationship which causes harm to the health,
safety or well-being of the victim. Domestic violence against women is still prevalent in
 our society. It is new issue for our country and has not gained much attention of the
researchers. It is a kind of gender based violence against women which is generally
committed privately behind the doors on the basis of her sex. Here, in this study, it has
been tried to find or focus about the law against the domestic violence and enforcement
the laws related to such time.
If we will not think up the impact of domestic violence against women in time it
will surely may take the form of vampire which will surely one day swallow the whole
nation and there will not be way to escape form it. Domestic violence has influenced social
sectors of development and it becomes clearer from these statements.
Today I wore a pair of faded old jeans and a plain grey baggy shirt. I hadn't even taken a
shower, and I did not put on an ounce of makeup. I grabbed a worn out black oversized
jacket to cover myself with even though it is warm outside. I have made conscious
decisions lately to look like less of what I felt a male would want to see. I want to
disappear.
Sierra D. Waters, Debbie
In refusing to hide or be silenced, in insisting that rape is a public matter, and in
demanding social change, survivors create their own living monument.
Judith Lewis Herman
The most vindictive of this group of pathological abusers, carry the rage-filled energy from
every wrong, or perceived injustice they ever experienced, deep inside themselves,
awaiting a final vindication.
Sara Niles
Everyone, whether an educator, a health care worker, or a domestic violence advocate is
working in pseudo-corporate environments where the culture and organization of the
market is increasingly encroaching on our lives. Instead of organizers, we have managers
and bureaucrats, receptionists and clients. Instead of social change, we have service
deliverables, and the vision that once drove our deep commitment to fighting violence
against women has be replaced by outcomes.
Ana Clarissa Rojas Durazo

1.2. STATEMENTS OF THE PROBLEM

The statements of the problem are as below:

1) Whether we have understood the concept of Domestic Violence or not?

2) What are the Global Movements against Domestic Violence?
3) Is the laws relating to Domestic Violence against women cause to increment in
violence?
4) What would be the role of the Judiciary of Nepal to cope with the problem of
Domestic violence?
5) Is jurisprudence of law against Domestic violence in Nepal is in right path?

1.3. The OBJECTIVES OF THE STUDY

The objectives of the study are as bellow:

1. To find out the concept of Domestic Violence.

2. To find out international trends against Domestic Violence.
3. To find out Historical Development of Domestic Violence laws in Nepal.

1.4. LIMITATION OF THE STUDY

The limitation of the study will be confined within the laws of Nepal against Domestic
Violence, practice and emerging trends of Nepalese Judiciary from jurisprudential point of
view.

1.5. SIGNIFICANCE OF THE STUDY

The beneficiaries of this study will generally be investigating and prosecuting agencies in
Domestic Violence against women, judiciary, legal professionals, law students and all
those who are working in the field of Domestic Violence against women and other
stakeholders interested to study in the field of Domestic Violence against Women.

1.6. REVIEW OF LITERATURE

Prevalence of Domestic Violence in Nepalese society is a well know problem today. It is

also taken as one of the major factors for leading in a present situation of Social
development. Due to this many intellectuals have given their due attention and have
written various books and articles, in which they have attempted to give solutions to
control the problem of Domestic Violence. However, these writers have focused more on
the economic, social and cultural problems of the state. Few writers have focused their
writing on the attitude of leaders and lack of their commitment to address the problem. No
literature is found which attempts to analyze the laws against Domestic Violence. The
interpretation of laws plays vital role in controlling the crime and same applies in crime of
domestic Violence.

The researcher has reviewed some articles and books written by some renowned scholars,
working and writing in the field of Domestic Violence. Domestic violence against women
in Nepal (Sharma, 2007) is an article written by Giridhar Poudel Sharma, which
emphasizes the phenomenon of women experiencing gender-based violence (GBV) at
home, strategies adopted by women to manage GBV; knowledge, attitude and practice
(KAP) among health service providers (HSPs) and law enforcers to support GBV victims
and to recommend appropriate policy and program initiatives for combating GBV in
Nepal. GBV is an attitudinal problem of men towards women in Nepal. Men always feel
superior to women and try to keep them subservient and commit violence if women are not
able to understand their sentiments and act accordingly for pleasing them and performing
their reproductive and productive roles, including household chores. One-third (35 percent)
of women in Nepal experience GBV at home, although most violence is unreported and
unrecorded in informal or formal institutions. Psychological violence was found to be high,
followed by physical, economic and sexual violence. The main reasons for perpetuating
violence against women are the low educational status of women, bringing less dowry at
the time of marriage, no control over resources by women and low educational status of the
perpetuators. Promulgating a law to criminalize GBV perpetrators and the formulation and
implementation of educational and training programs to reduce GBV are immediate needs
of the country. Study on domestic Violence against women in villages of terai region
(Shree Shyam Giri, 2016) is another article written by Shree Shyam Giri, which has
emphasized highlights that various factors such as excessive intake of alcohol, patriarchal
system of the society, polygamy, sexual dissatisfaction and dowry contributes for the
domestic violence in women. The adverse effects of the violence on women are physical
health problem, mental health problem, reproductive health problem, chronic conditions
and negative health behavior. Researcher has also reviewed law journal Kathmandu
School of law review (K.C., 2013), where thw writer have explained about Women have
always been an object of gross and severe violence at the hands of man. The biological
weakness of a woman makes her an easy prey to all and sundry. She often is a victim of
physical and mental violence not only outside her home but also inside it. Every society
accepting the importance of equality of sexes has therefore, made affirmative provisions
against gender discrimination. However, in spite of the enactment of these kinds of
provisions, equality between men and women continues to be an elusive goal. Hence,
women are deprived of basic freedom and thereby are easily exposed to exploitation. This
has led violence against women to be a global phenomenon. Violence against women has
been gradually recognized to be an important aspect of human rights violation of women.
The author this article tries to highlight the concept of violence against women, analyzing
the legislative tools available dealing with the violence against women. The author
compares the domestic laws dealing on the violence against women with the international
tools and draws the attention on the lacunas of domestic laws. The author also recommends
what need to be done in future to address the aspect of violence against women in an
effective way.

Chapter Two
CONCEPTUAL FRAME WORK OF LAW AGAINST DOMESTIC
VOILENCE
2.1. Criminalization of Domestic Violence and its Rationality

a) Criminalization of Domestic Violence

Domestic Violence cannot be fought solely through criminal law. Too often,
Governments announce a crackdown on Domestic Violence and a spate of prosecutions
take place, only for the problem to re-emerge soon afterwards as a new group of people
takes advantage of the opportunities that remains. A serious effort requires against
Domestic Violence the state to re-examine the relationship between women and society.
Governments may need to redesign public program, overhaul the social structure and the
operation of the cultural system and become more open to outside scrutiny and input from
citizens. Nevertheless, the criminal law can play a role as a back stop lying behind the
needed structural changes. Unfortunately, it does not play always that role, even in
countries where prosecutions for domestic violence are common. Sometimes, the problem
is the biased use of the criminal law to target members of the societies; in the extreme,
such prosecutors deter which have little impact on Domestic Violence. Sometimes, the
problem is the weakness on venality of the judicial system. Then, even cases based on
strong evidence may fail in court and this possibility deters prosecutors from bringing
cases in the first place (ackerman).

Criminal law plays positive role to deter the criminal activities. There are several aspects
to this problem: first, the legalization of certain illegal activities can remove incentives for
Domestic Violence: conversely, some formerly legal activities may need to be criminalized
to deter activities that have much the same effect as outright social violence. Second,
penalties should be set to achieve optimal deterrence. Third, law enforcement authorities
should have the tools to encourage domestic violence activities to cooperate with
authorities to uncover Domestic Violence. Fourth, as Domestic Violence are frequently
happening in the society should be held accountable under criminal law or civil law.
Finally, Domestic Violence is often a size effect of organized criminal activity. Authorities
need to design strategies to deal with the intersection between organized crime and
Domestic Violence.

(i) Legalization and Criminalization

Countries seeking to deter Domestic Violence may need to decriminalize some activities
and criminalize others. When social activities such as the gambling, prostitution and
economic factors as well as the cultural factors are criminalized, incentives for Domestic
Violence are created. Policy makers need to ask if the costs of illegality outweigh the
benefits. Thus, countries may need to examine where the line between legal and illegal
activity has been drawn and ask if there are some areas where criminalization is providing
few social benefits and encouraging Domestic Violence and illegal activities.

On the other side of the ledger, new criminal offences may need to be created. Many new
democracies have not come to terms with the problem of conflicts of interest among
society and culture. Most developed countries use a mixture of criminal sanctions,
penalties and ethical codes to regulate people in te society.

In the United States, a mixture of law and awareness campaign to control the domestic
violence against women. The law applies to both for the punishment to the culprit and
security to the victim (women, 2021). By way of comparison, French and Canadian
conflict of interest restrictions have similar goals but use different methods. French law
focuses more on criminal remedies. Nevertheless, French restrictions seem, in practice, and
practice both the civil and criminal provision for the protection of women (France, 2010).

(ii) DETERRING DOMESTIC VIOLENCE: PENALTIES

All countries draw the line somewhere to determine the acts of domestic violence.
Countries differ in where the dividing line is set. The sanctioning strategies are quite
different from the conventional penalties, even in developed countries. They focus both on
improving the deterrent effect of arrest and punishment and on rewarding those who come
forward with documentation on Domestic Violence deeds.
 The optimal amount of Domestic Violence is not zero. Once the costs of prevention are
taken into account, the level of deterrence expenditures should be set where the marginal
benefits equal the marginal costs. The deterrence of criminal behaviour depends on the
probability of detection and punishment and on the penalties imposed, both those imposed
by the legal system and more subtle costs such as loss of reputation or shame. Law
enforcement authorities can vary either or both of these variables, but strong empirical
evidence is lacking on their relative importance.

Successful detection on Domestic Violence depends upon insiders to report wrong doing.
Often, this requires the education and awareness in the society. This creates an important
paradox for law enforcement efforts. High expected punishment ought to deter Domestic
Violence. Any multiple–equilibrium case, however, can be converted into a single
equilibrium case with the appropriate choice of law enforcement strategy or a change in the
information conditions. Strategies that tie expected penalties to marginal gains can remove
a society from a high- Domestic Violence problem. Doing so, however, may require a
large increase in law enforcement resources to tip the system to a low– Domestic Violence
equilibrium. The good news is that the sharp increase in enforcement resources need not be
permanent. It must simply be sufficient to tip the system to a low Domestic Violence level.
The idea is to change expectations and thinking of the people in the society. A
concentrated clean-up campaign can change thinking about the social system.

(iii) Universal Declaration of Human Rights

The Universal Declaration of Human Rights, adopted in 1948 by the United Nations,

provides the most fundamental international agreement for combating violence against
women, as it declares the equal rights of women and men, including the right to personal
security. The UDHR defines universal principles and values. It has had a significant effect
on the development of international human rights law, but it’s considered aspirational
rather than absolute, is open to interpretation, and doesn’t create a legal obligation for
states to uphold these principles (Organization, 2020).

(iv) Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW)

In 1981, a landmark treaty addressing inequality for women entered into force. The
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
was the first human rights treaty specific to women and is an essential tool in advocating
for women’s equality on both the national and international stage. CEDAW, however,
doesn’t address violence. In fact, the treaty text does not include the word “violence” at all
(Organization, 2020).

(v) UN Special Rapporteur on violence against women,

To address the omission, in 1992 CEDAW added a general recommendation specific to

violence against women. General Recommendation No. 19 was historic. It brought the
problem fully onto the world stage, acknowledging that violence against women and girls
was systemic and widespread, a product of inequality, and prevalent in the home
(previously, domestic violence was considered a private matter). It also prompted the
 creation of the UN Special Rapporteur on violence against women, a job solely dedicated
to eliminating this violence. But general recommendations are not part of the official
treaty, so while GR No. 19, which was updated in 2017, is a key policy instrument, it lacks
the legal weight necessary to get governments to act.

Similarly, the Beijing Platform for Action, adopted at the Fourth World Conference on
Women in 1995, calls on governments to adopt, implement, and review legislation to
ensure its effectiveness in eliminating violence against women, but creates no legal
obligation for states (Organization, 2020).

2.2. Rationality behind Criminalization of Domestic Violence

Domestic Violence against women has adverse impact on every sector of the societies. It
adversely affects the development of people, such as equality between the men and women
increases and there is always partiality in the society, it degrades the moral values and
ethics of the society and creates different types of illegal and immoral activities. So the
causes of criminalization of Domestic Violence against women can be described as follow:

(i) Seeing the adverse impact of Domestic Violence against women in every sectors of
life, the United States made Domestic Violence against women a crime almost 100 years
ago.
(ii) The Universal Declaration of Human Rights, adopted in 1948 by the United Nations,
provides the most fundamental international agreement for combating violence against
women, as it declares the equal rights of women and men, including the right to personal
security. The UDHR defines universal principles and values. It has had a significant effect
on the development of international human rights law, but it’s considered aspirational
rather than absolute, is open to interpretation, and doesn’t create a legal obligation for
states to uphold these principles (Organization, 2020).
(iii) In 1981, a landmark treaty addressing inequality for women entered into force. The
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
was the first human rights treaty specific to women and is an essential tool in advocating
for women’s equality on both the national and international stage. CEDAW, however,
doesn’t address violence. In fact, the treaty text does not include the word “violence” at all
(Organization, 2020).
(iv) Domestic Violence has direct impact upon society and people because of the
partiality in the society which can increase the criminal activity in the society. In this way
criminal activities are getting legitimacy through Domestic Violence and criminals get
exemption from criminal prosecution and conviction.
(v) Democratic society should be based on rule of law and every body is given
fundamental rights and liberty. Among these rights under right to occupation every body
has right to live and freedom should be legal and if any one tries to involve themselves in
Domestic violence, it comes under the limits of Domestic Violence. So such types of
activities are criminalized.
(vi) Domestic violence has links with social and economy structure of the society.
Domestic violence leads in wrong tracks to society, imbalance the social structure. If
Domestic violence affects upon society, the growth of development decreases and the
social system of the state is destroyed.
(vii) Domestic violence makes a man immoral. It develops the imbalance in the society
and develops the tradition to reduce the status of women. That's why it is called socio-
crime.
(viii) It is also very dangerous from Human Rights perspectives. Rights of people are not
protected and promoted due to violation of laws. People can not get justice in the condition
of impunity to the violators of laws.
(ix) Domestic violence gives birth to so many crimes. Terrorism is the great example.
Drugs abuse, human trafficking, prostitution, money laundering etc are the crimes which
are products of Domestic violence.
(x) To develop the society and to create peace and secure society, it should go ahead
naturally. It should be based on free and fair competition. But when there comes the
activities like Domestic violence, it creates unfair competition and people becomes
frustrated, men get the place or position which is not secure in his hand. It creates wrong
concept and develops the attitude of doing criminal activities.
(xi) Domestic violence is enemy of the development of society. It is an obstacle for a
society.
(xii) The Constitution of the Kingdom of Nepal, 1990 has also emphasized that Domestic
violence is dangerous for society and to control it, it has provided to establish the different
organization under the said Constitution.

2.3. Meaning of Domestic Violence and law against domestic violence

The definition of domestic violence is a pattern of abusive behavior in any

relationship that is used by one partner to gain or maintain control over another intimate
partner. Many types of abuse are included in the definition of domestic violence (justice):

(i) Physical abuse can include hitting, biting, slapping, battering, shoving, punching,
pulling hair, burning, cutting, pinching, etc. (any type of violent behavior inflicted on the
victim). Physical abuse also includes denying someone medical treatment and forcing
drug/alcohol use on someone.

(ii) Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into
having sexual contact or sexual behavior without the victim's consent. This often takes the
form of marital rape, attacking sexual body parts, physical violence that is followed by
forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim's
expense.

(iii) Emotional abuse involves invalidating or deflating the victim's sense of self-worth

and/or self-esteem. Emotional abuse often takes the form of constant criticism, name-
calling, injuring the victim's relationship with his/her children, or interfering with the
victim's abilities.

(iv) Economic abuse takes place when the abuser makes or tries to make the victim
financially reliant. Economic abusers often seek to maintain total control over financial
 resources, withhold the victim’s access to funds, or prohibit the victim from going to
school or work.

(v) Psychological abuse involves the abuser invoking fear through intimidation;

threatening to physically hurt himself/herself, the victim, children, the victim's family or
friends, or the pets; destruction of property; injuring the pets; isolating the victim from
loved ones; and prohibiting the victim from going to school or work.

(xiii) Threats to hit, injure, or use a weapon are a form of psychological abuse.
(xiv) Stalking can include following the victim, spying, watching, harassing, showing up at
the victim's home or work, sending gifts, collecting information, making phone calls,
leaving written messages, or appearing at a person's home or workplace. These acts
individually are typically legal, but any of these behaviors done continuously results in
a stalking crime.
(xv) Cyberstalking refers to online action or repeated emailing that inflicts substantial
emotional distress in the recipient.

The law acknowledges that families have, first and foremost, a special duty to protect
and defend groups that are particularly vulnerable, such as women, children, the elderly
and the disabled, against all forms of violence, exploitation, discrimination, abandonment,
oppression, sexual abuse and other forms of ill-treatment. However, the protection of the
most vulnerable shouldn’t just be provided within families. All citizens are bound by the
obligation to prevent acts of domestic violence and to facilitate assistance to the victims of
such violence. Finally, the State cannot but provide protection to its citizens. The State has
a role to play in coordinating with public and private entities and community leaders the
implementation of policies aimed at preventing domestic violence and the support to its
victims (ILO, 2010).

2.3 Different Forms of Corruption

Violence against women and girls has many manifestations, including forms that may be
more common in specific settings, countries and regions. Violence against women
manifests itself as physical, sexual, emotional and economic. The most universally
common forms include domestic and intimate partner violence, sexual violence (including
rape), sexual harassment, and emotional/psychological violence. Sexual violence as a tactic
of warfare and in the aftermath of emergencies is also common in the respective countries
and areas affected.

Other widespread forms around the globe include: sexual exploitation, sexual trafficking,
and harmful practices, such as female genital mutilation/cutting (FGM/C), forced and child
marriage and the less documented forms, include:

(i) crimes committed in the name of “honour”

(ii) femicide
(iii) prenatal sex selection

(iv) female infanticide

(v) economic abuse

(vi) political violence

(vii) elder abuse

(viii) dowry-related violence

(ix) acid-throwing

Particular groups of women and girls, such as members of racial, ethnic and sexual
minorities; HIV-positive women; migrants and undocumented workers; women with
disabilities; women in detention and women affected by armed conflict or in emergency
settings, may be more vulnerable to violence and may experience multiple forms of
violence on account of compounded forms of discrimination and socio-economic
exclusion. The perpetrators of violence may include the State and its agents, family
members (including husbands), friends, intimate partners or other familiar individuals, and
strangers. (UN General Assembly, 2006)

2.6.1. Nature of society and domestic violence:

Although women and domestic violence are frequently linked together as in the title of
this chapter, they are distinct notions. To women are the important part of the human
society and civilization and they are the pillar of any family. Though the domestic violence
is often happens to them because of the culture and the practices of the society. The
women are considered as weaker than men in many physical aspects which plays an
important role they cannot offend the violence by the men. Since, the men are generally
considered to work outside the home and women inside the home which also restricts the
movement of the women outside the house. However, women are the integral part of the
family and society because of the character and nature of the civilization the practicing of
the domestic violence is seen more in the women.

2.6.2. Nature of Domestic Violence

Domestic violence starts from own family society, nation to anyone of any race, age, sex,
gender, religion. It can be happened to any are although they are young or small, married
 or unmarried, mature or immature, boy or girl. But mainly it happens to girl rather than
boy. Domestic violence has distinct character as opposed to other types of violent crime. It
can be characterized by at least five feature ;
(i) It is perpetuated by someone close to the victim, usually her partner or ex- partner.

(ii) It happens in intimate settings which are presumed by society to be sites of support and
care.

(iii) It is a recurring form of abuse generally characterized by a cycle of violence: the abuse is
followed by a period of respite after which tensions build up again and eventually explode
into another violent episode.

(iv) The abuses uses domestic violence to control and coerce the victim.

(v) The abuse has profound emotional and psychological effects on the victim, who often
believes that she is to blame. So, domestic violence is anti-social activity. It can be found
in every society of the world. Domestic violence has drawn the attention of several
concerned feminists, human rights group. This type of domestic violence is found
everywhere but, law and different organizations are working to decrease such evil act
against the women.

2.6.3. Causes of victimization in Domestic Violence

Domestic violence against women is a common phenomenon in a patriarchal

society in which women are considered as docile, feeble and weak. Violence against
women is universal issue. The cause of victimization in domestic violence are many more
like gender, patriarchal society, dowry related violence, witchcraft related violence, and
soon. Domestic violence against women occurs throughout the country representing all
development and ecological regions. It occurs to women of all castes and ethnic groups.
There are many causes that contribute to instigate the commission of domestic
violence in various circumstances. The main cause of domestic violence is traditional
patriarchal power relation in the family. It comes from the concept of male superiority. The
 cause of domestic violence is different in different context. The major cause can be
ignorance, illiteracy and lacking of understanding. The notable cause of victimization in
domestic violence can be summarized as follows:
(i) Patriarchal social structure
From the beginning time still now, Nepal and Nepali people follow the patriarchal
social structure. Male are supposed to be superior and ruling class on the female. This
discrimination has been coming through generation to generation. Male think themselves
as the rules of the family. So, father is head of the family. All decisions are made by the
male member rather than female one. Women are being engaged in this household work
whereas male are wasting this time in playing cards, taking alcohol etc.
(ii) Socio-cultural, religious and traditional norms
There are so many social, cultural, religion norms against the families in our society.
There are many barriers towards female. The traditional customs forces towards early
marriage, child marriage, and bi-marriage. Through socio-cultural rituals and traditions
too, women and facing problems day by day. Still people believe in same traditional
methods like during mensuration they need to stay alone and are banned to touch anything.

(iii) Lack of education

Lack of education also causes domestic violence most of the rural women are
uneducated due to which they just tolerate the tortures of their husband, father’s brother.
They don't know about their rights and procedures of their remedies. Education lacks cause
more victim of domestic violence.
(iv) Lack of legal protection
Lack of legal protection is one of the strong factors in perpetuating domestic violence.
Women are not reachable to access to justice. The judicial body is far from the village and
women of the remote places. If women go against the violence from male members then
they might face the many problems from their family. Infect, they might not have money to
case a file or go for justice.
(v) Lack of Awareness
Most of the women are illiterate. They are far away from the education sector or
schooling. There is concept in rural areas that female shouldn't go to school due to which
 they are unaware of education. There is lack of awareness in women about raising voice
and self-motivation to go against the male or talk about domestic violence.
(vi) Child Marriage
Child marriage is punishable under the Nepalese legal provision (GON, 2020).
According to chapter on Marriage of the Muluki Ain, 2020 (country code) both men and
women have to reach the age of 20 to marry without the consent of parents and can marry
without the marry at the age of 18 with the consent of their parents.15 But still we can find
child marriage practices in rural part of our county.
(vii) Dowry System
The term dowry is generally used for what a woman brings or takes with her into the
new home during marriage ceremony. This form of property may be given by her parents
and or family, though she may have earned it herself. Dowry System is also the cause of
domestic violence in Terai region of Nepal. We can find so many cases related to dowry
and women violence. People demand many physical and money goods to female family, if
they are unable to give to their daughter then there start domestic violence. So, dowry
system is a main cause of domestic violence especially in eastern Terai region.

(viii) Gender
Gender refers to a system of social categories. The society has assigned different
position and roles in the family and society to males and females. Gender is a composite
system of social behaviors and an instrument of helping us understand ourselves. Gender
also causes domestic violence. By gender, women have been being placed an inferiors in
position. The supremacy of male has been established in the society and it has been made
the tools of discrimination and violence against women.
(ix) Discrimination to Son and Daughter
Discrimination between son and daughter is another cause of domestic violence. Due to
this reason, girls are removing from school. They aren't getting chance to go school in rural
areas.
Domestic violence gives a long term effect not only for victim but also to the society
and nation. The major impacts are as follows:
(i) Psychological Impact
 The psychological impact of domestic violence is devastating. As victimizing
experience can be more painful to the victim. It includes behavior that is intended to the
forms of threats.
(ii) Physical Impact
The physical impact can be dangerous one. Physical abuse impact can be more harmful
to women. The physical effects of victimization can range from mild injuries and server
internal and external injuries.
(iii) Emotional Impact
The victim of domestic violence has been command fear death at the time of violence.
The victimization may feel emotional disturbs, trouble in concentrating etc.
(iv) Economic Impact
Victims may incur substantial financial losses as a result of the costs involved in going
to the police, the court, seeking legal advice and soon.
The other impact can be employment, politics, social, mental etc. victim can be
mentally disturbance. They may have suffered from depression. Domestic violence
survivors can face on going and challenging effects after enduring physical, mental and
emotional abuse. Victim may have anxiety, low self esteem, hopelessness, unmotivated,
inability to trust, fearful etc.

Chapter – Three
HISTORICAL EVOLUTION OF LAW AGAISNT DOMESTIC
VIOLENCE IN NEPAL

It is believed that indepth knowledge of historical evolution of a subject is required

for critically analyzing the existing legal frame-work and judicial practices. Such an
indepth knowledge need to focus on how it has developed, what socio-economic, political
religious and cultural values, beliefs and traditions of the society have been influenced in
the process of its development, what kinds of theoretical and practical problems had been
faced by it in the process of its implementation in the society, and what kind of reformative
measure were taken to overcome those problems. Hence, the purpose of this chapter is to
provide a precise description of the historical development of Nepalese law against
domestic violence. Attempt has been made to make the presentation as precise as possible
with emphasis given only to historical events and facts relating to the development of law
against domestic violence.

3.1. Classification of History of Law against Domestic Violence in Nepal

 The historical evaluation of Law against Domestic Violence may be divided into
three parts:

i) Ancient Period
ii) Medieval Period
iii) Modern Period

Domestic violence is new concept for the criminal jurisprudence. In the previous
time, it is believed that domestic violence is private affairs or matter for a family. People
believe domestic violence things should be kept within the boundary of the house. A state
shouldn’t interfere in the case of domestic violence but now, it's been a serious matter and
crime so, state also focus and interfere in such kind of case.

While talking about the history, Nepalese society is highly guided by Hindu legal
Philosophy and values where women are considered as subordinated to men. Before the
unification of Nepal, till 1831 B.S. Nepalese legal system had governed by the principles
of Hindu Dharmasatra, Sanads, Customary Laws and Tradition (Pradhananga, 2008).
Traditional Hindu beliefs also create a distinct preference for male children which women
suppression. According to Hindu religious customs it is the son who must look after his
parent in old age or in infirmity. The son offers prayer and rituals after his parent’s death to
assure their place in Heaven. It is also one of the reasons of domestic violence against
women in Nepal.

Nepal is a predominantly patriarchal society where societal values and norms

hugely influence attitudes and responsibilities, sometimes leading to domestic violence.
Deeply rooted societal customs like where women are obligated to greet their husbands
and in laws after waking up and eating from husbands plate create after they are done
eating are part of the factor that indirectly contributes to male domination through such
customs often led to domestic violence .The status of women in the society even today is
very worst because of patriarchal social structure,social, cultural and religious belief.
However, the problem of domestic violence is wide spread in Nepal, Women were
compelled to remain silence.

3.1.1 Ancient Period

The real history of Nepal was found from Kirat period. In that period, the ruler
used the traditional customs for the rule. It was based on social. Cultural, tradition, values
and belief. There was a holy book named “Mundhum” which was the main law for the
Kirat period. In the Kirat period maintenance of peace and security was considered as the
primary function of the state. At Kirat and Licchavi period violence was considered as sin
and the perpetrator of the violence were given harsh punishment. At that period the
principle of an eye for eye, a tooth for tooth, a life for a life used to be followed. The
culprits responsible for causing death of another person or homicide were given death
sentence.
According to Gopalraja Vhamsarali Kiratis were Mongoloid People. In the
Medieval period, the rulers governed their kingdoms on the basis of Hindu Dharmasastra.
The society was guided by theological concept. They believe in the concept of hell and
heaven as described by the Holy Hindu Sastra. The people at that time was much
religious minded. ‘Manusmriti’ ‘Yagyava/Kyasmriti’ ‘Kautiliya Smriti’ and ‘ Narad
Smriti’ was the great holy Hindu Sastra of that time. The society was guided by Hindu
Sastra. So, the Hindu religion placed a predominant role in the life of rulers and the
people.
During the medieval period women seen to be respected. So, Women had enjoyed higher
status. Therefore, they didn’t suffer much from violence due to fear of god which may
commit sin. Ruler and people were seemed more scared of legal punishment because
legal punishment during that time was more heinous on female supremacy was seen but
still there was 'Sati System' at that time. Women would face problem with this system but
all in all woman hadn’t faced more violence during that time.

3.1.2 Medieval Period

At the medieval period also the ruler’s main basis of govern was Hindu Holy Sashtras.
That society was also guided by the Arya Hindu Cultural. The king and the people of that
time was much religious. They believed the concept of hell and heaven.'Strihatya',
'Brahmanhatya' was considered heinous crime. Law and order was fully maintained at
that time. So women had also taken place a higher status at that time. If any women
committed the crime liable to capital punishment, she was exempted from it, they were
shaven and banished from the country. Jasthiti Malla wrote a book named 'Manavnya
Sastra' and after than King Ram Shah also made a codified book named "Ram Shah
Esthete". They governed the kingdom according to those book or esthete also. But there
was not any systematic codified law at that time.
3.1.3 Modern Period
Before the unification, Nepal was ruled various ruler and there were various communities
who came from different parts and had been ruled by their own culture, tradition and
social system. King Prithivi Narayan Shah issued the rule as "Divya Upadesh" . After the
unification of Kingdoms a unified code of law known as Muluki Ain was adopted during
the Rana regime by Prime Minister Janga Bahadur Rana in 1910 B.S. Muluki Ain, 1910
was a compilation of customary rules prevailing Nepal over the centuries. The Nepalese
society being predominantly governed by Hinduism, the provisions of Muluki Ain largely
comprised the Hindu religious dogmas.
After the movement of people in 2007 B.S, the Rana regime was thrown away and
established the democratic system in Nepal. This Muluki Ain was replaced by a revised
code New Muluki Ain in 2020 B.S
The new code introduced a secular system but not properly. In 2046 B.S after the
re-establishment of democracy, the Constitution of the Kingdom of Nepal, 2047 was
formed .This constitution has provided the more fundamental rights. The people’s second
movement 2062/63, the Interim Constitution of Nepal, 2063 has come in practice. Article
20 of the Interim Constitution declares the right of women; no discrimination of any kind
shall be made against the women by virtue of sex. The Domestic violence (Crime and
Punishment) Act; 2066 has formed in 2066 B.S and it regulates as the specific law related
with the domestic violence.
After the movement of the people, new constitution 2072 was promulgated despite
half of the country protesting against it. President Ram Baran Yadav had been officially
promulgating the new constitution in the presence of Constituent Assembly member as
well as in the presence of national and international diplomatic community. Violence
against women is still common, and there are not enough women in
 professions .Women’s representation has been ensured in constituent assembly, but
women’s equal participation in all state mechanism is far from ideal. In Article 38, there
included right of women. In women right, every women have right not to discriminate
from gender issue and there included safe motherhood and reproductive right. Right to
education also included in women Right.
All in all, women right and women position shows the real condition of the
women .From previous era to till now, we can find domestic violence against women.

3.2 Legal Frameworks on Domestic Violence in Nepal

Domestic violence is based on gender, which generally takes places in public or
private life. It gives torture physically or mentally against the women and girls which
include threat, coercion and arbitration. It is the oldest forms of violence against women
and it is prevalent in every aspect of society. It is old social problem that has recently
been recognized.
Domestic violence has been documented to have grave consequences in lives of
women both medically and sociologically. World Health Organization (WHO) Multi-
Country Study on Women Health and Domestic Violence against women has documented
negative impact of domestic violence to include complication emerging in physical,
mental, sexual and reproductive health of women.
Nepal is also a party of different International Instruments regarding the
elimination of violence against women. In Nepal, the Constitution of Nepal 2072,
specifically guarantees the right to women as fundamental right and says that “No
discrimination of any kind shall be made against women by virtue of sex” (GON,
Constitution of Nepal , 2072). According to Constitution of Nepal 2072. It states the
women right in Article 38, which state as follows (GON, Constitution Of Nepal, 2072).
(i) No women shall be discriminated against in any way on the basis of gender.
(ii) Every woman shall have the right to reproductive health and other reproductive right
(iii) No physical, mental or other forms of violence shall be inflicted on any women
and such an act shall be punishable by law.

3.3. The Basic Reasons to Criminalize Domestic Violence

In previous days domestic violence was considered as the private, family and non-
publishable matter. But now the concept has been changed. Some of the basic reason to
criminalize the domestic violence are as follow:

(i) To Protect Human Right of the Victim

As a Human being everyone is entitled to all human right that is provided by the
international instruments and domestic laws. From the jurisprudential point of view, every
person has right to liberty.
(ii) To Prevent from Harm
Domestic violence should be criminalized on the basis of principle of human right to
other. The prevention of harm is one of the philosophical grounds that criminalized
domestic violence as a crime. So the prevention from harm to other is another important
rational behind criminating domestic violence as a crime.
(iii) To Protect from the Exploitation
There are unable person like women, children and aged people in the family. If any
family member exploits other members in the same family, in such condition there must
be some protective mechanism. So to protect the right against exploitation from the same
family member is another important nation to criminalize domestic offences.

Chapter Four
International Instruments on Domestic Violence
The study has already said that domestic violence isn’t new phenomenon for
the international society. As the origin of family is old concept through the
origin of the family, there was domestic violence and still now. Before it was
supposed as private or personnel subject matter but now it is supposed as
public and criminal offence one.
Many international organization as well as feminist activist are working on
the social status of the women and their right. So, the domestic violence has
become an agenda of global concern. Many international instruments have
made controlling for the domestic violence.
In this chapter, the study has tried to make an attempt to examine the some
important international human rights instruments, in which Nepal is dealing
or trying to specifically, deal with domestic violence against women as a
rights issue. They are describing below:
4.1 Universal Declaration of Human Right (UDHR),1948
The UDHR sets the standards for gender equality and the fundamental right
to be free from gender based discrimination UDHR is source of authority
and also the source of an international movement of political activities who
struggle against oppression, injustice and exploitation by reference to this
document (Freeman, 2003). UDHR clearly announces that, all human beings
are born free and equal indignity and rights. They are endowed with reason
and conscience, and should act towards one another in a spirit of brotherhood
(Right, 1948). It has also ensured the individual ‘s right against
discrimination and declared that everyone is entitled to all the right and
freedoms set forth in this Declaration, without distinctions of any kind, such
as race, color, sex ,language, religion or other status. UDHR is a milestone
document in the history of human rights. In its article it talks about right to
life, liberty, security of person. It further says that no one shall be subjected
to torture or to cruel. All in all this is one organization who talks about
Human Right and women Right.
4.2 Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), 1979
The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) is a significant document for the protection and
promotion of human right of women. It is also described as International Bill
of Right for women. The main objective of this convention is to adopt the
measure required for the elimination of discrimination against women in all
its forms and manifestations with concern that despite various instruments
extensive discrimination against women continues to exist. The Convention
defines discrimination against women in the following terms;
Any distinction, exclusion or restriction made on the basis of sex which has
the effect or purpose of in pouring or nullifying the recognition, enjoyment
or exercise by women, irrespective of their marital status, on basis of
equality of men and women, of human right and fundamental freedoms in
the political, economic, social cultural, civil or any other field (women o. o.,
1979).
It also established an agenda of action for putting an end to sex based
discrimination. CEDAW obligate states to undertake measures to respect
protect and fulfill the equal right of women. States are obliged to ensure that,
there is direct or indirect discrimination against women in their laws and
those women are protected from discrimination. Among the international
Human Right treaties, the convention takes an important place in bringing
the female half of humanity into the focus of human rights concern. The
Convention establishes not only international bill of right but also an agenda
for action by countries to guarantee the enjoyment of those rights. The
CEDAW Convention outlaw discrimination against women but did not
include any mechanism by which this provision could be legally enforced.
Generally, the convention can be divided into 3 parts. The first part
comprises of Article 1-5, which includes common principle of the
convention such as principle of non-discrimination, principle of state
obligation, principle of substantive equality and changes in stereotyping role.
Article 6-16 of the convention comprises of several specific right of women
in various areas including political and public life, international
representation, nationality, equality before law, marriage and family.
Likewise Article 17-30 of the Convention comprises of procedure related to
implementation of the Convention.

CEDAW Committee: General Recommendation No 19 on

Violence against Women
This General Recommendation by the CEDAW committee highlights that
violence against women is a form of discrimination and negatively impact
women globally.
The committee reminds states of their obligation to eliminate this gendered
violence and examine specific article within the convention towards the
elimination of violence against women. The general recommendation 19 of
the CEDAW committee of 1992 interpreted the term ‘discrimination’ in
article (1) of the convention to include gender based violence on the basis
that it is “violence that is disproportionately directed against women because
she is a women or that affects women disproportionately.” It includes act that
inflict physical, mental or sexual harm or suffering threats of such acts,
coercion and other deprivations of liberty.
In 1992, the committee adopted general recommendation 19 on violence
against women, asking states parties to include in their periodic reports to the
committee statically data on the incidence of violence against women,
information on the provision of services for victims, and legislative and other
measure taken to protect women against violence in their everyday lives,
including against harassment at the workplace ,abuse in the family and
sexual violence (OHCR, 1966).
4.3 International Covenant on Economic, Social and Cultural
Rights (ICESCR), 1966.
ICESCR, the international instrument for the protection of economic, social
and cultural rights has ensured the right of the people to self-determination
and it declares that all people have the right of self determination. By virtue
of that right they freely determine their political status and freely pursue their
economic, social and cultural development (International coenant on
Economic, 1966). ICESCR remains as an important treaty for the protection
of women’s economic social and cultural rights.
According to Article 6 of Covenant, the state parties to the present
convenient recognize the right to work which includes the right of everyone
to the opportunity to gain his living by work which he freely choose or
accepts and will take appropriate steps to safeguard this right (International
coenant on Economic, International coenant on Economic, socail and
cultural rights, 1966). The state parties to the present covenant recognized
the right of everyone to education (International coenant on Economic,
International coenant on Economic, socail and cultural rights, 1966).
4.4 World Women Conferences
The international women's conference was started by the UN from 1975 and
there have been four successful conference that address the obstacles
blocking the advancement of women. The first world women conference was
held in Mexico in 1975. The second and third were held in 1980 in
Copenhagen and Nairobi in 1985 respectively. The fourth conference was
held in Beijing. The women’s conference addressed twelve critical platforms
for action these areas were labeled as obstacles to the advancement of
women. The platforms offered strategic objectives and actions that should be
taken by government, international organizations, communities and
individuals. These are the issue related to the poverty, education, health,
violence, armed and other conflicts economic participation, power sharing
and decision making, national and international machineries, human rights,
mass media, environment and development and girl child (Thinkques, 2019).

4.4.1 Fourth World Conference on Women In Beijing, 1995

The Beijing Declaration and Platform for Action identified 12 critical areas
of concern which require urgent action to achieve the goal of gender
equality. Violence against women constitutes one of the critical areas of
concern as does women and armed conflict. Both these critical areas are
interlinked with one another critical area human right of women. The
platform adopts the definition of violence against women contained in the
declaration, but also highlights forms of violence against women not
explicitly mentioned in that instrument, such as violation of the right of
women in situations of armed conflicts, particularly murder, systematic
rape , sexual slavery and forced abortion , coercive or forced use of
contraceptive, female infanticide and pre-natal sex selection. This conference
mainly focuses on equality, development and peace.
Twelve Beijing critical area of concern are Women and Poverty, Education
and Training of Women, Women and Health, Violence against Women,
Women and Armed Conflict, Women and the Economy, Institutional
Mechanism, Human Right of Women, Women and the media, Women and
the environment, the girl child (Nations, 2010).

4.5 Evaluation of International Instruments

Nepal is a member state of United Nations Organization (UNO). UNO has
made the great effort for controlling the domestic violence from the member
states. It has made various against women and girls. It has made various
researches on the situation of women and girls. Nepal is party to different
international human rights instruments including the International Covenant
on Economic, Social and Cultural Rights, 1966, Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW),
1979. By ratifying these conventions the government of Nepal has
committed to guaranteeing equality to both men an women in all spheres of
their lives (foundation, 2010). The Government of Nepal has obliged to
implement the provisions of those international instruments as well as the
domestic laws.
Nepal has been trying to make Laws in the line of international instruments
ratified by her. The Domestic Violence (Crime and Punishment) Act, 2066
B.S is one of the best examples of them. All the provision of international
instrument is not incorporated. So, it is need to further effort to make all the
laws on international standard.

Chapter 5
Recent Trend and Initiation on Domestic Violence in Nepal
Nepal has become member or party of CEDAW and other International
Human Rights Instruments. So, Nepal has duty to fulfil objectives of such
international instruments. Women and men are backbone of every society for
all round development. Both have same and separate contribution to
maintain the welfare of the society. But Nepalese society has been
dominated by Indigenous Hindu religion and patriarchal concept, in which
society the women have been considered as the subordinate person under the
men. In any society, women have to live under male.
Under the fundamental rights and duties of constitution of Nepal, every
person has right to live with dignity. Every citizen have freedom of opinion
and expression. All citizens shall be equal before law whether they are male
or female. No discrimination shall be made in the application of general laws
on grounds of origin, religion, race, caste, tribe, sex, physical condition,
marital status, pregnancy etc (Comission, 2072). Under Article 38. Right of
women is included in fundamental right and duties. In this article following
things are mention under its sub part(Comission, 2072);
(i)Every woman shall have equal lineage right without gender based
discrimination.
(ii) Every woman shall have the right to safe motherhood and
reproductive health.

(iii) No women 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
shall be punishable by law, and the victim shall have the right to obtain
compensation in accordance with law.

(iv)Women shall have the right to participate in all bodies of the state on
the basis of the principle of proportional inclusion.

(v)Women shall have the right to obtain special opportunity in education,

health, employment and social security, on the basis of positive
discrimination.
(vi)The spouse shall have the equal right to property and family
affairs.

There are several governments authorities and non-government

organization which are involved in the field of Domestic Violence .Some
modern trends and initiations of government of Nepal for combating the
domestic violence are as follows:
5.1 Changes in Substantial Laws
There have been some remarkable changes in Nepal with respect to gender
equality in both terms of law and practice especially after the restoration of
democracy in 1990. Some amendments were inserted to women related laws
with a view to ensure equality. Nepalese society has been male centric
society where women were considered to be subordinates to men. The first
written code in Nepal was Muliki Ain which was formulated by Jung
Bahadhur Rana in 1854 AD where the legal provisions were discriminatory.
But, recently Nepal was declared as secular state. The Interim Constitution
of Nepal, 2007 had envisioned the right equality of all individuals ensuring
social justice for women and girls. It had guaranteed the Women’s Right,
Right to Equality and Right to Property as fundamental right. In Constitution
of Nepal 2072 too it has mentioned as fundamental rights.

5.2 Changes in Procedural Law

Fair access to justice irrespective of sex, economic standard, political belief,
caste and other difference is a basic right of every individual human being,
and as such is guaranteed by the Constitution. Victims of domestic violence,
especially women are subjected to extreme vulnerability. Victims of
domestic violence are subject to the risk of violence for seeking justice, and
the stigma of the crimes to which they are victims, which makes their lives
difficult. Unfairness of procedure is great problem. Judgements do not
critically analyse evidence collected. The judgements of the courts are
largely subjective. A large number do not stand at superior courts.
Procedural law covers the formal rule for enforcing substantive law and the
steps required to process a criminal case. For example, arrest, bail etc.

5.3 Changes in Institutional Mechanism

After the restoration of the democracy on 1990, the Government of Nepal
has started to solve the problem of domestic violence by establishing the
different institution. Some are as:

5.3.1 National Women Commission

The National Women Commission was originally established on the eve of
92nd International Women’s Day for the Protection, promotion and
prevention of women’s rights. The goal of NWC is contributing to the
elimination of all forms of gender based discrimination by ensuring equal
access, implementation of national and international legal frameworks and
meaningful participation of women at all levels and sectors of the state. Its
main objectives are as follows:
 i. Ensure proportionate and socially inclusive participation of women at all
levels and sectors of governance.

ii. Contribute to main streaming gender in governance.

iii.Strength access to justice, rule of law culture of gender equality and peace.

iv. Monitoring of implementation of national and international treaties and

instruments related to gender equality.

5.3.2 Ministry of Women, Children and Welfare

Ministry of women, Children and Social Welfare was established in
September 1995 immediate after Beijing Conference. MWCSW is a focal
ministry for the policy, planning, programming of overall development and
coordination of all activities related to women, children and social welfare
including senior citizens, orphans, helpless women and disabled and
handicapped people. It has been working through the office of women and
children in every 77 districts. It has been working for women empowerment,
for elimination of human trafficking, domestic violence etc. It works for free
exam preparation classes for public service commission. It also works for
Rehabilitation centre for the victim of human trafficking
5.3.3 Central women and children service division
Police is a major institution for the effective implementation of rule of law in
the country. The Central Women and Children Service Division, under the
crime Investigation Department of Central Police Office, is a separate
department operated by women police to handle the cases related to women
and children.
The establishment of Women and Children Service Division is more
innovative creation of the government of Nepal for the protection of rights of
women. The issue of violence against women is treated as marginalize issue
by law enforcement agencies.
5.3.4 Non government Organization
Many non government organizations have been working in this field. Some
are INGO and some are NGO. They have been playing vital role in this field.
Some major organizations are mentioned as follows:
(i) Maiti Nepal
Maiti Nepal was born out of a crusade to protect Nepali girls and
women from crimes like domestic violence, trafficking for flesh trade, child
prostitution, child labour etc. A group of socially committed professionals
like teachers, journalists and social workers together formed Maiti Nepal in
 1993 to fight against all the social evils inflicted upon female populance
(Nepal, 2019).
This social organization also actively works to find justice for the
victimized lot of girls and women by engaging in criminal investigation and
waging legal battles against the criminals.

(ii) FWLD

Forum for Women, Law and Development (FWLD) is an autonomous,

non- profit, Non-governmental organization established on May 29, 1995 to
work for the protection, promotion and enjoyment human rights. In order to
eliminate all forms of discrimination, FWLD uses law as an instrument to
ensure the rights of women, children, minorities and all other marginalized
groups (FWLD, 2019).
FWLD continue to provide legal aid and service to clients who have
been victims of discrimination namely, including surveys of human
trafficking, rape, and other of gender- based violence.

(iii) WOREC, Nepal

Women’s Rehabilitation Centre (WOREC) is a human rights

organization recently working for the protection and promotion of human
rights. WOREC Nepal has been working to ensure the rights of violence and
marginalized groups to promote social justice. As the main goal of WOREC
is to eliminate VAW through ensuring economic, social and cultural rights of
women, WOREC will move ahead with two strong integrated campaigns.
VAW campaign and ESCR campaign.

(iv) SAATHI, Nepal

Saathi is a non-governmental organization which was established in

1992 to address contemporary challenge being faced by Nepali women. It
addresses the different forms of violence and discrimination faced by Nepali
women and girls. It was the first organization that was instrumental in
drawing significant national attention towards domestic violence in Nepal as
an area requiring urgent attention and intervention to break the silence that
impacts the lives of many marginalized women and girls. It has persistently
continued its crusade for creating a safe and violence free society where
women and children can live with respect and dignity.35
Indeed, Nepal has been dominated by the Hindu religious aspects. It
has been adopting many traditional attitudes towards the family matters. In
our society, females have been adopting as the subordinate member. Women
are considered as subordinate member of the parents before the marriage and
husband after the marriage. We have observed that some activists who work
on women empowerment and gender mainstreaming are good at conducting
workshops and making speeches but when they reach, home, they traumatize
their daughters in law and treat their sons and daughter differently.
Moreover, there is a lot to change in the perception and attitude of the policy
maker and the society.

Chapter Six
Finding, Conclusion and Suggestions
 6.1 Findings of the study
On the basis of analysis of the study, the researchers have got the following
findings:
 Domestic violence is a kind of gender based violence. It is one of the
pervasive of human rights violations denying equality, Dignity, security, and
right to enjoy freedom.

 Domestic violence is one of the numbers of violence against women which

have been identified worldwide.

 The state does not have any strong mechanism from where the cases on
domestic violence could be filed up with easy process.

 Husbands and family members are the major sources of domestic violence.

 The negative impacts of domestic violence are complications emerging in

physical, mental, sexual and reproductive health of women.

 Domestic violence is the most prevalent form of family violence.

 Different non-governmental organization has been working for minimize the

act of domestic violence and increase the awareness on victims.

6.2 Conclusion of the Study

Violence against Women in context of Nepal has a long history. Domestic

violence is a big problem. Generally, Domestic Violence as exertion of
physical force as to injure rationality into brutality, an expression of anger,
violent temper, animal instinct and fury intending to cause disorder and
disturbances of all kinds, to a particular person or persons or the community
of the people. The major violence land is dowry, murder rape, harassment,
molestation etc. Domestic violence’s covers almost all caste and age group.
Domestic violence is gender based violence which reflects the male
supremacy or patriarchal domination in the society. It is deeply rooted in
every society and within the world. It has been increasing day-by-day.
Domestic violence is the violence against the intimate partner in the
households. The main victims of domestic violence are women and girls.
 Previously Nepal was guided by Hindu orthodox value; the influence is still
remaining in Nepalese legal system.
Violence against Women of any type is unwanted. This is against the
humanity and is the severe form of domination against them. Mainly the
husbands and the relatives should be given qualities family life education
because husbands and relatives have committed most of the domestic
violence. Domestic Violence can’t be solved set of power imbalances and
wide spread social norms. It is the responsibility of states and Nepali people
to end discrimination both in law and in practice. It is the responsibility of
the state to prevent violence against women, and when they have failed to
prevent the violence, to ensure redness. We have made various legal
provisions on domestic violence. The special law on domestic violence
named Domestic Violence (Crime and Punishment). Act 2066, B.S has
enacted. Although there are some lacunas and weaknesses on those laws, but
if the effective implementation of those laws is possible, there can be
reduced the crime of domestic violence. The need is to formulate new laws
and revise discrimination laws, policies to reduce and eliminate domestic
violence.

6.3 Suggestions

Whether the present Act on domestic violence is sufficient to control the

domestic violence against women. Nepal has adopted several laws including
present Act on domestic violence, for the establishment of the rights of
women in response to international commitments, and constitution of Nepal.
Women lack control of social, economic, cultural and political resources of
the institution that shape their lives that created violence against them in
family and society. Effective implementation of this legislation is the need of
the hour. On the basis of above analysis findings, the following suggestions
can be drawn:
(i) The Government of Nepal

(a) The government should make Rapid Response Team for Providing
immediate help to the victims.

(b) The Government has to launch effective awareness programs by the

help of different governmental and non- government organizations to reduce
the domestic violence.

(c) Free legal service should be provided to victim by state.

 (d) Protective measure, alternative housing, shelter, counselling
rehabilitation support services, for victim survivors of domestic violence,
should be available and accessible.

(d) Continue to strength and expand the women’s police cell and other
concern agencies.

(e) The government should try to enactive the local bodies.

(f) The government should promote to those organizations which

directly helps to victim supported program.

(g) Serious forms of domestic violence need to be recognized as a crime

against state, and police should have the power to detain them for
investigation in domestic violence cases.
(ii) The Supreme court

(a) To ensure effective legal aid as well as specific and timely measure
for effective and speedy justice delivery.

(b) To adopt specific measure for the effective implementation of judicial

decisions.

(c) To monitor the role played by justice sector actors, engaged formally
or informally in mediation to ensure protection of fundamental rights.
(iii) National women commission and National Human
Rights commission
Support an evidence based approach to law and policy reform through the
use of reliable and accurate research data, Promote transparency and
accountability of justice sector institutions and promote women’s autonomy
and develop opportunities for men to participate in combating domestic
violence.

(v) Non – Governmental Organization

(a) Awareness programme should be done by their organizations.

(b) Programmes should be launched for the grass rooted victims.

(c) Feminist organization should constantly be alert to build supported
mechanism with the government and victims.