Tribhuvan University

DomesticViolence Against Women of Brahmin Community: A case study at Gitanagar

VDC, Chitwan district.

A seminar Paper Submitted to

Faculty of Law
B.A.L.L.B Programme
Prithivi Narayan Campus
Tribhuvan University

For the partial fulfillment of the requirements of B.A.L.L.B

Third Year Programme

Submitted By

Aayush Adhikari

B.A.L.L.B. 3 year

Roll No: 26/068

T.U.Regd.No:8-2-0048-2030-2011

Symbol No:

Prithivi Narayan Campus, Pokhara

2015

1
 Declaration

I, here by, declare that to the best of my knowledge this seminar paper is original no part of it
was earlier submitted for the candidature of research degree to any university

Date Aayush Adhikari

2
 Recommendation for acceptance

This is certify that Mr.Aayush Adhikari has prepared this seminar paper entitled, "Domestic
Violence against Women of Brahmin Community: A case study at Gitanagar VDC, Chitwan
district”.Under my guideness and supervision. I recommend this seminar paper for evaluation

Date Himalal Acharya

(Supervisor)

Department of B.A.L.L.B Programme

Faculty of Laws, Prithivi Narayan Campus

Pokhara

3
 Evaluation and Approval

This seminar paper has been evaluated and approved by the following seminar paper
evaluation and approval committee.

Signature

______________ Chairman

______________ Expert

______________ Supervisor

Date_____________

4
 PREFACE
This seminar paper on " Domestic Violence Against Women of Brahmin Community: A Case
study at Gitanagar VDC, Chitwan district”has been prepared in accordance with the rule and
regulation of the university for the partial fulfillment of the requirement of the seminar-I
compulsory paper(Law 458) for B.A.LL.B Programme conducted by faculty of law, Tribhuvan
University. It is an attempt to find out the violence against the women in Brahmin community in
Gitanagar, VDC in Chitwan district. This requirement has definitely trained us in conducting
short research work and writing paper based on such work as when there is need to do so.
Undoubtly, the skills of the report writing, which we have acquired in this process, shall be
extremely useful in our professional accomplishment in future.

The purpose behind choosing this topic was to find root cause. In spite of having several legal
provisions and jurisdictions this term “violence” in not exercised effectively in Nepal. My special
problems are to find out the domestic violence, to find out the reasonable findings are ends of
this paper. I took this opportunity to express my sincere gratitude to all my teachers at the
department of B.A.L.L.B, Prithivi Narayan Campus who have inculcated in me the thought of
knowledge. I think no words can express my profound appreciation to my respected teachers
and supervisor Mr. Hemlal Acharyawhose constant supervision scholarly guidance enabled me
to bring this paper into present form. Finally, I would like to extend my sincere thanks to all my
colleagues for providing me with their assistance in whatever valuable suggestions they will
forward during the presentation of this paper.

Aayush Adhikari

Roll No: 26/068

B.A.L.L.B, 3rd year

Prithivi Narayan Campus, Pokhara

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 ACKNOWLEDGEMENT
It is my great pleasure to bring this seminar paper conducted by faculty of law, Tribhuvan
University. This research work develop my skill for preparing report writing. During the period
of preparing this seminar, I have got support from different personalities among them the key
stone of this paper is my resource person Mr. Hem raj Giri. This cardinal support and assistance
made me able to bring this paper as seminar paper to the specific topic.

I would like to express my sincere gratitude to the respected convener Mr. Milan Koirala for his
valuable guideline to prepare and design this seminar paper in the framed manner. The
credited of the attractiveness of this paper goes to my beloved of respected sir. No expression
of thanks can adequately carry out deep- felt appreciation for the help given Mr. Bojraj Sharma,
the Programme coordinator of B.A.L.L.B, Prithivi Narayan Campus. I would also like to thanks to
the respected public servents, officers of Pokhara municipality and DDC

My classmate who made reasonable comments and suggestions to make this paper much
better are the unforgettable persons. Miss Trishna Neupane, Mr. Mahesh Aryal, Mr. Uttam
subedi are the most unforgettable to me, who helped me that much cannot be compare to any
materials substance.

Lastly, I would like to express my sincere gratitude to the respected teacher’s Mr. Hem raj Giri,
Mr. Himalal Acharya, and Mr. Gopal Chintan Sivakoti for their patience and commendable
inputs for this paper.

Thank you

Aayush Adhikari

B.A.L.L.B, 3rd year

Prithivi Narayan Campus

Pokhara

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 Abbreviations

DVAW Domestic violence against women

SAATHI

VAW

STIS,

NGO’S Non-Governmental Organization

INGO’S International non- governmental organization

UNEPA

SLC School Leaving Certificate

WHO World Health Organization

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 Contents
Chapter 1...................................................................................................................4
Introduction...............................................................................................................4
1.1 Background of study........................................................................................4
1.2 Statement of the Problem................................................................................5
1.3 Objectives of the study....................................................................................5
1.4 Significance of the study:................................................................................6
1.5 Scope and limitation of the study:.......................................................................6
Chapter 2...................................................................................................................7
Literature Review......................................................................................................7
2.1 Perception on Domestic Violence...................................................................7
Chapter 3...................................................................................................................9
Methodology..............................................................................................................9
3.1 Study Area:......................................................................................................9
3.2 Primary Data Collection..................................................................................9
3.2.1 Direct Filed Observation..............................................................................9
3.2.2 House Hold Survey.......................................................................................9
3.3 Secondary Data Collection..............................................................................9
Chapter 4.................................................................................................................11
Result and Discussion..............................................................................................11
4.2 Demographic and socio- economic characteristics.......................................11
4.3 Religious composition...................................................................................11
4.4 Ethnic composition........................................................................................11
4.5 Age group of respondents:.............................................................................11
4.6 Age at Marriage.............................................................................................12
4.7 Marital status.................................................................................................12

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 4.8 Strucutre of the family:.................................................................................12
4.9 Educational status:.........................................................................................13
4.10 Occupational status of respondents:............................................................14
4.11 Level of Education......................................................................................14
4.12 Numbers of children:...................................................................................15
4.13Sources of knowledge...................................................................................15
4.14 Knowledge on different froms of DVAW...................................................16
4.15 Sources of knowledge:................................................................................16
4.16 Experienced of DVAW...............................................................................17
4.17 Dowry practices...........................................................................................17
4.17 Person Responsible for Dowry system........................................................18
4.18 Victim of Quarrelling practice.....................................................................18
4.19 Reason for Reason for Quarreling:..............................................................19
Chapter 5.................................................................................................................20
SUMMARY, FINDINGS, CONCLUSION AND RECOMMENDTIONS............20
5.1 Summary:......................................................................................................20
5.2 Major findings:..............................................................................................20
5.3 Conclusion:....................................................................................................23
5.4 Recommendations:........................................................................................24
5.5 Recommendation for the Further Research.................................................24
References...............................................................................................................25
ANNEX-1 :Domestic Violence against Women of Brahmin community, at
Gitanagar VDC(Ward No 1,2,3,, Chitwan District.................................................28
Annex II : Domestic Violence Act 2066................................................................31

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 Chapter 1

Introduction
1.1 Background of study

Every person has right to live the life they choose. However in Nepalese society there lie a great
disparity between the social and economic status of men and women. Male domination,
illiteracy, ignorance and feelings of inferiority adversely affect the lives of Nepalese women.
Women are the victims of domestic violence are often deprived of human and economic rights.
They are victimize and violated both inside and outside the home by their parents, other family
members, neighbors and friends. They are rejected, neglected and isolated if they cannot fulfill
predetermined commitments to their immediate family members.

Domestic violence is defined as 'Domesticviolence 'means any form of physical, mental, sexual
and economic abuse perpetrated by any person to the other person with whom he has a domestic
relationship. This definition also covers acts of reprimand or emotional abuse. Domesticviolence
(Offence and Punishment) Act 2008.The laws against domestic violence, is not implemented
thoroughly so the perpetrators often face little or no punishment. Under current laws in Nepal,
sexual intercourse with a wife never constitutes the crime of rape and mental torture is not
defined as domestic violence. Domestic violence is estimated to occur in the majority of
households in Nepal, though it is rarely reported to the police or the court. Human rights activists
are optimistic about the changes the new democratic republic of Nepal could bring for women
and ethnic and minority groups.

Wife beating is the most common name of violence within household. In the name of dowry
many women have to listen to their mother in-law and relatives insulting words and even some
of them are murdered. Beating and burning can also result from the issues of dowry (SAATHI,
1997) cite from website.In Nepal, it is believed that women and girls are not subjected to be
independent or free from time of birth until the date of marriage. Sheis to be under the control of
parents especially fathers' after marriage. Shebecomes property of husband's has to be under
control of her son or children. Such situation is established in our culture, society and family,
which is the great discrimination or women.

SATHI, a NGO working in this field had conducted a suitable analytical survey in violence
against women in five district of Nepal in 1997,which identified various forms of violence
against women in five district of Nepal in 1997,which identified various forms of violence
against women prevailed in Nepalese societyincluding a heinous crime rape.

10
1.2 Statement of the Problem
Endemic of violence against women exists in all the countries throughout the world but
unreported domestic violence against women is a major obstacle to social and
economicaldevelopment of the society.It is still in practice in different communities in various
forms such as child abuse,rape,incest,sexual,harassment,forced prostitution,maltreatment,child
marriage,girls, trafficking,sexual harassment,rape,forced, marriage,marital, rape,forced
conception,domestic violence and dowry related violence minimize their human rights and
reproductive rights.

In Nepal, patriarchal societyof the country has worked as hindrance.We know that husbands are
life companions of wives but our evaluation and exception is just opposite.Unfortunately,women
are even neglected by their husbands.Husbands habit of drinking alcohol, their feeling of
superiority, are mainly responsible factors to make women as the victims of the society, which is
true reflective example of domestic violence against women in Nepal. Sexual monopoly of
husband unbearable duties of household activities of women, pregnancy, and deprivation of
various needs are also the forms of domestic violence against women in Nepal.

Men use threats of rejection, seeking sexual enjoyment elsewhere, remarriage and quarrel to
force sex wives early in marriage. As a result for most present generation women married life
means depression, mental torture, bride burning for dowry demand. In addition to death the
consequence of DVAW may have both long term and short term physical and psychological
impacts. Such as physical injury, STI's, gynecological problems, mental health problems
resulting from VAW would affect maternal health include depression, feeling of helplessness,
alcohol and substance abuse. DVAW is clearly and obviously seen in the context of Nepal. So, it
is the serious matter of study and research. Studying about DVAW which is unreported and
unacceptable in our society and helps to minimize it.

1.3 Objectives of the study

The general and specific objectives of the study are as follows:-

 To access the knowledge and attitude towards domestic violence against women of
Brahmin community in Gitanagar VDC
 To identify the physical and physiological abuse faced by women of Brahmin community
in Gitanagar VDC

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1.4 Significance of the study:
This study would be beneficial for the researcher's, academicians' scholars, development
workers NGO'S, INGO'S female activists, legislative personnel, local people, local organizations
and local leaders who were interested to study on this field in that sense this study could provide
related information of that study area in concern subject.

The finding of the study could be helpful for the local female activist and legislative personnel if
they wish to empower the women, to provide the legal advice and to make victim support
program if they want to formulate.

The study could be beneficial for the local people, local organization and local leaders to get
information about the situation of the DVAW and to prepare the local level program.

The findings of the study would be utilized as criteria for the policy making and formulation
relevant program if they wish to utilize.

1.5 Scope and limitation of the study:

The major scope and limitation of the study was as follows:

The scope of the study was to find the domestic violence against women in some wards of the
Gitanagar VDC of Chitwan Nepal.

This study was conducted within four wards of Gitanagar VDC at ward 1, 2, 3 and 4. So findings
of the study could not be generalized to other VDC's.

This study followed purposive sampling method. The number of respondents of respondents was
104. Those women who were interested to response were included for the study. So, the result
could not be generalized in large sample.

It covered those aspects which included in declared objectives of the study; others aspects of
DVAW occurred within the study area were ignored.

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 Chapter 2

Literature Review

No country or community is untouched by violence. Images and accounts of violence pervadethe

media; it is on our streets, in our homes, schools, work place and institutions. Violence is
Universal scourge that tears at the fabric of communities and threatens the life, health and
happiness of all. Each year, more than 1.6 million people worldwide lose their lives to violence.
For every one who dies as a result of violence, many more are injured and suffer from a range of
physical, sexual, reproductive and mental health problems. (Linda &Etienne, 2002)Because it is
so pervasive, violence is often seen as an inevitable part of the human conditionfact of life to
respond rather than to prevent. A substantial proportion of the costs of Violence result from its
impact on victims’ health and the burden it places on health institutions. This gives the health
sectors both a special interest in prevention and a key role to play. Any form of intended or
perpetrated harm to a child or adult living in his or her natal or marital home constitutes domestic
violence. Domestic violence can take place between intimate partners, parents and children, in-
laws, or any constitutions of the family. Violence against women and girls exists in all societies,
cultures, and socioeconomic groups. Throughout the world, and is gross violation of their
fundamental rights. While domestic
Violence is an extremely common phenomenon, it tends to remain private, within a home. The
secrecy that surrounds domestic violence means that incidents are very rarely reported. Although
patriarchal systems and social norms of privacy limit quantitative evidence, there is sufficient
documentation conforming that the impacts of violence on a reproductive health are wide
ranging and severe .Violence kills and disables as many women between the ages of 15- 44 as
cancer. And its toll on women’s health surpasses that of traffic accidents and malaria combined
(UNFPA, 2005).

2.1 Perception on Domestic Violence

There are various perceptions of domestic violence. Every individual defines domestic violence
in his or her own way according to his or her life experiences. A paper presented by of An Ma
Guo (2000) on the legal response to domestic violence in china illustrates 4 characteristics,
which should be followed or considered for domestic violence and these include:
• Firstly domestic violence is limited within the family. Any violence that takes place outside the
family is not domestic violence such kind of relationships are not recognized as family
relationships in China.
• Secondly, domestic violence takes the form of beating, binding, confinement, cruelty injuring,
physical punishment or other coercive methods.
• Thirdly, domestic violence in China includes physical, mental and sexual violence. A research
report from Hebert Laura (1997) on “Monitoring the domestic violence Act” revealed that
domestic violence as recognized by the following act:
• Willfully or knowingly placing or attempting to place the victim in fear of physical injury.
• Causing physical injury to the victim.

13
• Compelling the victim by force or threat or otherwise, from which the victim has right to
abstain.
• Confining or detaining the victim against the victim’s will; and
• Causing mischief or destruction or damage property with intent or cause or knowingthat is
likely to cause distress or annoyance to the victim. It should be by a personagainst his or her spouse,
his or her former spouse, child or other family members

An Ma Guo (2000) further stated that domestic violence includes both physical and psychological
abuse and deprivation and marital rape. Domestic violence stems from the assumption that once a
man marries a women he has absolute control over her. Violence18 occurs when one person’s
assumes the right to dominate another and decides to use force, implied or actual to achieve control
over another person’s. Domestic violence in the family stems from the concept of male superiority
and power. In most countries, the male has been historically and traditionally considered the provider
and more powerful figure, and that is the basis for the exercise to control over the female (UNIFEM,
2000). In the WHO Newsletter titled “Global campaign for violence prevention” which notesgender-
based violence is a daily and often deadly fact of life for millions of women and girls around the
world. Domestic violence is a particularly insidious form of gender-based violence. In the place
where they should feel the greatest safety and security-the family women and girls often face terror
from physical, psychological, sexual and economic abuse.

14
 Chapter 3

Methodology
3.1 Study Area:
Gitanagar is a village development community in chitwan district in the Narayani zone of
Southern Nepal. Study was carried out in the Gitanagar VDC of ward no 1, 2, 3, 4 of Chitwan
district in Nepal. People of caste Gurung, Newar, chhetri,Brahmin lives in this VDC. But the
study was carried out focusing specially in the Brahmin Community of the selected wards of
Gitanagar VDC in Chitwan district. People have of subsistence lifestyle based on mixed
agriculture farming.

3.2 Primary Data Collection

3.2.1 Direct Filed Observation

The field visit of the study area helped to see the real life situation of the locals who are facing
the violence problem. The visit provided an opportunity for rapport building with the people
concerned.

3.2.2 House Hold Survey

The house hold survey was carried out in the Brahmin community of Gitanagar VDC at Chitwan
in ward no 1,2,3,4 by using random sampling method.
3.3 Secondary Data Collection
Relevant Books, Articles, Nepal Constitution, Acts, Polices.The secondary data were collected
from various magazines, articles, websites, reports and dissertation from FWLD, Maiti Nepal,
(women cell) district police office, district women's development office chitwan, Nepal health
research council, and Tribhuvan University.

Operational definition of the term used:

Domestic violence against women (DVAW)

For the purpose of the study, it means any form of physical and psychological abuse perpetrated
by any family members to women who has domestic relationship

Physical abuse:

For the purpose of the study, it means any form of physical and psychological abuse perpetrated
by any family members who has domestic relationship.

15
Psychological abuse:

This type of abuse involves threat or coercion and verbal abuse, threatening, objection,
humiliation or insulting words, prolonged silence after arguments, with drawl of affection,
ordering victim out of house, accuse of false deed and witch, forcing her to bear children.

Attitude:

For the purpose of the study attitude refers personal conditional thoughts, views, judgment
power, opinion and feeling towards DVAW.

Practice:

For the purpose of the study practice refers a usual manner of behaving like insulting, ignoring,
beating, teasing.

Knowledge:

For the purpose of the study practice refers knowing information about DVAW.

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 Chapter 4

Result and Discussion

4.1 Analysis and interpretation of data:

After collecting all required data and information that were checked, edited and verified at the
field manually to reduce errors. After that data were tabulated manually then data and
information obtained from field survey were analyzed and interpreted in percentages and
frequency by table, charts, graph and figure. In this study mainly analyzing process was based
description method. Finally the conclusion had drawn and recommendations were made for the
concerned body and further studies.

4.2 Demographic and socio- economic characteristics:

The demographic and socio- economic characteristic of the respondents such as religious
composition, ethnic composition, educational status, occupational status, marital status and
family structure were included in this religion.

4.3 Religious composition:

Although constitutional assembly in Nepal announced Nepal as secular country majority of
people in Nepal followed Hindu religion. Research showed that 100 percent of respondents were
from Brahmin community.

4.4 Ethnic composition:

Nepal is the multi ethnic country. According to the objectives of the study purposively so the
100 percent of respondents were from Brahmin community

4.5 Age group of respondents:

Age is the major components of demographic characteristic. It determined the overall status of
person. It is assumed that the age of women determine the nature of violence. Research showed
that "victim of violence are mostly young below 25 years while offenders are usually young and
middle aged. (Abuja Ram, 1998)

4.1: No and percentages of respondents by age group

Age group No. of respondents Percentages

20-40 8 6.96
25-29 18 17.30
30-34 20 19.23
35-39 16 13.85
40-44 13 12.5

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 45-49 9 8.65
50-54 10 9.61
55-60 10 9.61
Total 104 100

Table No4.1 showed that, among total 104 respondents highest Number of respondents were
belonging to (30-34) age group that is 19.23 percentages, the lowest number of respondents were
belonging to (20-24) age group that is (6.96 percentage).

4.6 Age at Marriage:

Age at marriage determines the health status of the women for healthy life. Appropriate age of
marriage is above 20. Teen age marriage practice in Nepalese society. Traditional system and
low level awareness forced for ten age marriage in Nepal. One of the major times when
incidence of DVAW occurs in early marriage.

4.7 Marital status:

Various aspect of life of female are directly and indirectly affected due to their marital status.
Research in comparison of unmarried female married women have great chances of being of
voilence.

Table 4.2: Marital Status

Marital status No of respondents Percentages

Currently married 98 94.23
Divorced 2 1.92
Widow 4 3.84
Total 104 100

Table No 4.2 showed that, Married women only were included for the study among them 94.23
percentages of women was currently mrried, 1.92 percentage of women were divorced and 4
percentage were widow women.

4.8 Strucutre of the family:

Now day's two types of family can be found in Nepalese society those are Nuclear family and
joint family. Family structure is an important social indicator which directly and indirectly
affects the overall family status, no of children and age at mariage. It is believed that there are
high chances of DVAW in joint family in comparison tonuclear family.

18
 44%
nuclear
joint
56%

Figure 4.1 : Structure of the Family

Above figure showed that out of 104 respondents majority of therespondents (58) lived in joint
family where as 46 respondents lived in nuclear family.

4.9 Educational status:

Female literacy significant role in her health status and her over all development. Research
showed that illiterate women have high risk of being victim of DVAW. (Abuja Ram). So, that
illiterate is the main cause of DVAW.

Table 4.3 Level of Education

Level of education No of respondents Percentages

Illiterate 19 18.26
Literate (under slc) 46 44.23
Educated (SLC & and above 39 37.50
SLC)
Total 104 100

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Above table showed that, in the study area 18.26 percentges of women were illiterate and rest of
all was illiterate. Among literate women 44.23 percentages of them were under SLC and 37.5
percentages of respondents were passed only SLC and above SLC.

4.10Occupational status of respondents:

Occupation is the main sources of income of the family which determines the standard of
living.Due to the high immigration rate and less job oppoptunities with a very high in Chitwan
district, majority of the respondents were jobless and accept their occupation as agriclture

41
40

10

8
5

Agr i c u l t u re H o u seh o l d S er v i c es B u si n ess L abors

Figure 4.2: Status of Respondent

4.11 Level of Education

According to data of above table, (38.46) percentages of respondents were depending in
agriculture, (39.42) percentages were household workers, (9.61) percentages of them were job
holders and (4.8) percentages of respodents were business person

20
4.12Numbers of children:
Table 4.4: Number of Children

No. of children No. of respondents Percentages

Having no child 9 8.65
Having only 1 child 15 14.42
Having only 2 children 30 28.84
Having more than 2 children 50 48.07
Total 104 100

Above table showed that, 8.65 percentages of women didn't have child, 28.84 percentages of
women had 2 children as well as 48.07 percentages of women had more than 2 children. Nearly
about half of respondents had more than 2 chhildren. This creates more problems related to
DVAW.

4.13Sources of knowledge
Table 4.5 Source of Knowledge

Source of knowledge No. of respondents Percentages

Friends and family members 28 32.94
Electronic media 39 45.88
Printed media 8 9.41
GOs and NGOs 6 7.05
Local leaders 4 4.70
Total 85 100
In case of known respondent's majority of them heard about DVAW from electronic media that
is (45.88) percentages, 32.94 percentages of them heard about it from friends amd family
memebers, 9.41 percentages of them knew about DVAW from printed media, where as least of
them 3.84 percentages heard from local leaders and rest of them from GOs\NGOs (7.05).

21
4.14 Knowledge on different froms of DVAW:

Series 1 Series 2

37
33

24
16
14

5
Assau l t Rap e G i r l s t r a ffi c k i n g ac c u se o f w i t c h

Figure 4.3 Knowledge on different forms of DVAW

4.15 Sources of knowledge:

According to the above figure, out of 104 respondents 37 told that girls trafficking as violence,
33 respondents viewed 24 accuse as witch as violence. Least of them viewed forced pregnancy
(5), physical attack (7) and sexual Harassment (8) as violence. Rest of them thought Child
marriage (18) Dowry related violence (16) and verbal assault (14) as violence. Majority of
women knew Girls trafficking and Accuse as witch as violence whereas least of them viewed
physical attack, forced pregnancy and sexual Harassments as violence due to lack of knowledge.

22
4.16 Experienced of DVAW
Table 4.6: Experience of DVAW

Experienced of DVAW No. of respondents Percentages

Verbal assault insulting 77 74.03
Sexual Harassment 0 0
Rape 0 0
Harassment due to dowry 29 27.88
Girls trafficking 0 0
Child marriage 80 76.92
Accuse as witch 0 0
Physical attack 13 14.42
Forced pregnancy 15 18.5

Above table showed that, most of the respondents experienced DVAW as child marriage (76.92
percentages) and verbal assault, teasing and insulting (74.08 percentage) as well as least of them
experienced harassment due to dowry (27.88) and forced pregnancy (14.42 percentages) as
DVAW. But no one of them responds that they had experienced sexual harassment, rape, Girl
trafficking and accuse as witch.

They reported that their neighborhood girls and women were forced to experience these events
sometimes due to social stigma and lack of awareness but they were not agreed to disclose their
own experiences on DVAW.

4.17 Dowry practices:

16%
don’t say
no
53% yes

31%

Figure 4.4: Dowry Practices

23
The above figure showed that of the respondents, most of (55) respondents gave or took dowry
in marriage where as 32 respondents didn’t give or take dowry. Rest of them didn’t disclose their
opinion about dowry due to hesitation feelings.

4.17 Person Responsible for Dowry system

Table 4.7: Person Responsible for Dowry System

Person responsible for dowry No. of respondents Percentages

system
Father and mother 8 14.54
Father and mother in laws 14 25.45
Husband 2 3.63
Social stigma and customs 31 56.36
Total 55 100

Table No 4.7 showed that, Among 55 respondents who took or gave dowry 14.54 percentages of
respondents were forced to take dowry by their father and mother, 25.45 percentages of
respondents were forced by their father and mother in laws whereas 3.63 percentages of
respondents were forced by their husbands, most of the respondents were forced due to social
stigma and customs. In spite of changing time, the respondents of the survey site didn’t aware for
such activities. Most of them accepted the dowry only because of social pressure.

4.18 Victim of Quarrelling practice

Sales
no
21% yes

79%

Figure 4.5: Victim of quarrelling practice

This above calculation showed that 81 respondents reported that they had to quarrel with their
family members in following reasons as well as rest of them reportef that they didn’t quarrel to
their family members

24
4.19 Reason for Reason for Quarreling:
Table 4.8: Reasons for quarreling:

Reason for Quarreling No. of respondents Percentages

Due to coming\ working 10 12.34
late
Allocation of exercise work 28 34.56
load
On the name of chidren 17 20.98
In doing simple mistake 26 32.09
Total 81 100

From this table it can be seemed that out of (81) who had to quarrel 28 said they were forced to
quarrel due to excessive work load and 26 said they had to quarrel due to simple mistakes;
whereas 17 respondents were forced to quarrel in the name of children and 12.34 percentages of
them were forced to quarrel due to coming and working

25
 Chapter 5
SUMMARY, FINDINGS, CONCLUSION AND
RECOMMENDTIONS:
5.1 Summary:
In the context of Nepal, people worshiped women as goddess and earth. But ironically they
treated woman as second class citizen and understimated in many cases. The cultural, socaial
rules and regultion is barrier for development of the women, not only male famale also come to
the ground of DVAW to violate the weak women. Different concerrned orgnizations personnel,
body and even media ignored such events of DVAW in Nepalese context. It is unseen but deeply
rooted as being great social cancer day to day.

The data from the field survey showed that majority of the respondents 76.92 percentages were
married under 20 which create DVAW and affected women's health. Most of the respondents
depend upon agriculture and were household workers.Half of the respondents had more than two
childern. Majority of them were force to bear son and victimized. The main source of the
knowledge of the DVAW was electronic media. 74.03% of the womn were vicim of verbal
assault. 56.36% of them were forced for dowry practice mainly due to the social stigma and
pressure. As well as 41.34% of the respondents abused by false deed. 31.73% of them viewed
that the event of DVAW was kept secrete, 46.15% shared and 22.1% reported. 30.30% 0f the
respondents kept it secret due to social stigma and family prestige.In their opinion viewed people
discriminated the male and female in work division and 97.11% of them discriminatedin decision
making and human rights.

Most of the respondents didn’t know about legal provision of DVAW and 69.23% of them were
unknown towards the organization working for women.Majority of the respondent ignored the
DVAW agains them;out of 104 respondents 39 didn’t disclose their view.All of them agreed to
he need of women education.Most of them viewedd the main cause of DVAW was d to lack of
education and awereness and it is the only main route to prevent the DVAW in their view.

5.2 Major findings:

After analyzing and interpreting data,following findings and drawn as major findings of the
study:

1. All of the respondent's were from Brahmin community and all followed Hindu religion.

2. Out of the total respondents highest number of them were belong to 30-40.

26
3. Least 1.92 percent were divorced, 3.84 percent were widow and majority of them were
currently married.

4. It was found that out of 104,majority of the respondents 58 lived in joint family.

5. Most of the respondents 76.92 percentages married below the age of 20.

6. 18.26 percentages of respondents were illiterate.

7. Highest number of them 39.42 percentage were belong to household works and 38.46
percentage blong to agriculture,9.61 percentages of them were service holder, 7.69
percentages were labour and least were belong to business.

8. Majority of respondents had more than two children. 8.65 percentages of respondents
were childless.

9. Among total respondents 81.73 percentages of respondents heard about DVAW from
different sources.

10. Highest number of them 45.88 percentages heard about DVAW from electronic media
and then 32.94 percentages from friends and family members.

11. Data showed that out of 104 respondents 37 told that girl trafficking is the main from of
violence and 23.07 percentages of them viewed accuse of witch as violence.

12. Higest number of them that is 35.57% viewed that girls trafficking is the main form of
voilence and 23.07 percentages of them viewed accuse of witch as violence.

13. It was found majority of the respondents that is 76.92 percentages faced child marriage as
violence and 74.03 percentages of them expressed verbal assault as DVAW. None of
them expressed that they faced sexual harassament, rape, girls trafficking and accuse as
witch.

14. Data of field survey showed that the majority 52.88 percentages of the respondents
followed the dowrt practice. Most of them 56.36 percentage accepted that they followed
dowry practice due to social stigma and customs.

15. Among total respondents 77 percentage of them reported that they had to quarrel with
their family members among them 34.56 of respondents had to quarrel due to exessive
27
 work load and 32.09 percentage of respondents quarreled in doing simple mistakes
majority had to quarrel with their father and mother in laws.

16. Higest numbers of the respondents 43.26 percentages were not victims of beating
practice, but 35.57 percentages of them did not disclose their views.

17. Study showed that most of the respondents (41.34) expressed that they were abused by
false deed.

18. Out of 104 respondents 55.76 percentages of respondents faced physical and
psychological harassment due to girl children and being childlessness.

19. Higher no of the respondents (39.42) stated that they were forced to bear the son due to
social stigma.

20. Higest no of the respondents (31.73) mentioned that the event of DVAW occurred often
and 30.76 percent said it occurred som times.

21. Regarding sufficient respondents and sleep majority of the respondents (71.15)
percentage reported that they got sufficient respondents and sleep.

22. Majority of the respondents 56.73 percentage didn’t get sufficient fooding and clothing.
Among them 54.23 percentages viewed the cause of insufficient respondnets and sleep.

23. Out of total respondents 63.46 percentages of the respondents had no objection to
participate in social activities.

24. Among those who had no objection mainly their mother and father in laws created the
objection.

25. Higher number of the respondents of the survey site 41.34 percentages disagreed to share
the events of DVAW.

26. It was found that 31.73 percentages of the respondents told the events of DVAW should
kept secret 46.13 percentages of them told it should be shared and respondnets of them
said it should be reported.

27. Among those who shared the events of DVAW majority of them 72.91 percentages
shared with friends.

28
 28. Among those who reported the events of DVAW majority of them 56.52 percentages
viewed it should reported to the police office.

29. Research showed that among those who kept it secret told that the main cause behind it
was social stigma and to save family prestige.

30. In their views, the main cause of prohibiting women to report was ignorance 25
percentages, social stigma 25 percentages and family prestige 24.03 percentages.

5.3 Conclusion:
Highest numbers of th respondents do not have the knowledge regarding DVAW. Highest
number of them had negative attitude towards DVAW. Practice regarding DVAW was high in
some case such as child marriage,dowry practice, verbal assult.Due to the lack of higher
education and awareness they had information gap. They were still being victim of physical and
psychological abuse directly and indirectly or knowingly unknowingly. But most of them were
not easily interested to disclose their views.The data from the field survey showed that majority
of the respondents 76.92 percentages were forced to have child marriage which created DVAW
and affected women's health status.Most of the respondents were jobless so depend upon
agriculture and household works.Half of the respondents had more than two children. Majority
of them were forced to bear son and victimized. Majority 74.03% of the women were victim of
verbal assult and 56.36% of them were forced for dowry practice due to social stigma and
pressure.

Likewise half of the respondents were victim of false deed. 31.73% of them viewed that the
events of DVAW was kept secret,46.15% shared that 22.11% reported. 30.30% of the
respondents kept it secret due to social stigma and family prestige. In their opinion the main
impact of DVAW was mental problems. 86.44% of women viewed people discriminated the
male and female in work division and 97.11% of them discriminated in decision making and
human right.

Most of the respondents didn't know about legal provision of DVAW and were unknown
towards the organization working for women. Majority of the respondents ignored the DVAW
against them and 39 respondents didn't disclose their views what did they do against the violent
behaviours. All of them agreed to the need of women. Education and viewd the main cause of
DVAW was lack of education and awareness and it is major route to prevent and eliminate the
DVAW in their opinion.

29
5.4 Recommendations:
This study suggests the following recommendation for the concerned bodies and personnel.

1. Life skilled based education and training should be given to make them self-dependent in
local level.
2. Awareness program should be conducted to the community of VDC.
3. Local level women activist and police women should inspired women activist and police
women should inspired women to report the events of DVAW.
4. Local level organization, NGOs and local leaders should launch local level program to
support the victims.

5.5 Recommendation for the Further Research

1. This type of could be replicated to find out the knowledge,attitude and practice regarding
DVAW in different socio-demographic and geographical characteristic.
2. Comparative study in between different heerogeneous group can be conducted.
3. Prevalence, incidence and consequences of DVAW can be studied in large sample size.

30
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33
ANNEX-1 :Domestic Violence against Women of Brahmin community,
at Gitanagar VDC(Ward No 1,2,3,, Chitwan District.

Individual Interview Schedule

(Dear respondents your honest response during the data collection will take place to make this
study completely fruitful and successful. No response could be wrong or right. Your contribution
could be highly appreciated and information collected in this questionnaire could be kept
confidential and used only for academic purpose.)

Section I Survey site Identification

Name of VDC:............................ Ward No of respondents:……………..

Survey No of respondents:………. Date of interview:…………………………

Section II: Personal Identification of Respondent

Current age:………… Marriage age:……………… Religion:……………

1. Material status

a. Currently Married b. Divorced c. Widow

2. Type of family

a. Joint or extended b.Nuclear

3. Educational Level

a. Illiterate b. Literate c.Educated

4. Occupation
a. Agriculture c. Services
b. Household work d. Business

34
 5. No of children
a. No of son….. b. No of daughter…..

Section III: Knowledge and Attitude on domestic Violence Against women

1. Have you heard or known something about domestic violence against women
against women in your neighbourhood and yourself? Knowledge
a. Yes b. No
2. Which of the following actions do you think as DVAW? Attitude
a. Verbal assault and teasing c. Sexual harassment
b. Rape d. harassment due to dowry

e. Girls Trafficking f. Child marriage

g. Accuse as witch h. Physical attack

5. What is your opinion, who forced people to give or take dowry in daughter's marriage in
your society? Attitude

a. Father and mother b. Father\ mother in law

c. Husband d. Social stigma

6. Have you ever seen quarreled with any of your family members? Practice

a. Yes b. No

7. If yes, for what reasons often they to quarrel with you for? Knowledge

a. Due to coming/working late b. Allocation of excessive work load

c. In the name of Children d. In doing simple mistakes

8. To whom often women have to quarrel? Practice

a. Husband b. Father/ mother in law

c. sister\ brother in law d. Brothher/ Brother in law

9. Have you ever beaten by your family members? Practice

a. Yes b. No c. don’t say

10. Did your family members accuse you in the name of false deed? Practice

a. Yes b. No c. Don’t say

35
 11. Have you ever faced psychological and physical harassmeent or been vicitimized because
of only giving birth to girl child or childlessness?Practice

a. Yes b. No

12. Who insist women to have more daughters for the desire of the son? Practice

a. Husband b. Father\ mother

c. Father\ mother in law d. Social stigma

13. How often you feel violation of your rights and spirits in the name of religion and
traditional practices being of a woman? Practice

a. Sometimes b. Often c. Never

14. Did you get sufficient time for rest and sleep? Practice

a. Yes b. No

15. Did you get sufficient fooding and clothing items? Practice

a. Yes b. No

16. Did you feel any objection by gathering in social activities? Practice

a. Yes b. No

If yes, who react you such behaviour? Practice

a. Husband c. Mother/ father in law

b. Neighborhood d. Father and Mother

36
Annex II : Domestic Violence Act 2066
Domestic Violence (Offence and Punishment) Act, 2066 (2009)
Date of Authentication and Publication
2066.1.14 (April 27, 2009)
Act No. 1 of the year 2066 (2009)
An Act relating to control the Domestic Violence
Preamble: Whereas, it is expedient to make provision to respect the right of every person to live
in a secure and dignified life, to prevent and control violence occurring within the family and for
matters connected therewith and incidental thereto making such violence punishable, and for
providing protection to the victims of violence;

Now, therefore, be it enacted by the Constituent Assembly pursuant to Sub article (1) of Article
81 of the Interim Constitution of Nepal, 2063 (2007).
1. Short Title and Commencement: (1) This Act may be called the "Domestic Violence (Crime
and Punishment) Act, 2066 (2009)".(2) This Act shall come into force immediately.

2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Domestic Violence" means any form of physical, mental, sexual and economic harm
perpetrated by person to a person with whom he/she has a family relationship and this word also
includes any acts of reprimand or emotional harm.
(b) "Domestic relationship" means a relationship between two or more persons who are living
together in a shared household and are related by decent (consanguinity), marriage, adoption or
are family2 members living together as a joint family; or a dependent domestic help living in the
same family.
(c) "Physical harm" means an act of committing or causing bodily harm or injury holding as a
captive, inflicting physical pain or any other act connected therewith and incidental thereto
except the act of breaking the limbs of body (Angabhanga).
(d) "Mental harm" means any act of threatening the Victim of physical torture, showing terror,
reprimanding him/her, accusing him/her of false blame, forcefully evicting him/her from the
house or otherwise causing injury or harm to the Victim emotionally and this expression also
includes any discrimination carried out on the basis of thought, religion or culture and customs
and traditions.
(e) "Sexual harm" means sexual misbehavior, humiliation, Discouragement or harm in self-
respect of any person; or any other act that hampers safe sexual health.
(f) "Economic harm" means deprivation from using jointly or privately owned properly or
deprivation of or access to employment opportunities, economic resources or means.

37
(g) "Victim (Aggrieved person)" means any person who is, or has been, in a domestic
relationship with the defendant and who alleges to have been subjected to an act of domestic
violence by the
Perpetrator.

(h) "Perpetrator" means the person having family relations with the Victim and for whom the
victim alleges to have been subjected to an act of domestic violence and this word also includes
any person involved in the domestic violence or in the accomplice of the crime.

(I) "Police Office" means a Police Office closest to the residence of the Victim, the perpetrator
or that office which is closest to the scene ofcrime and this word also includes the Children or
Women Cell or Police Post or Police Sub-post under the District Police Office.
(j) "Court" means a court appointed by the Government of Nepal by a Notification in the Nepal
Gazette.
(k) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules made under
this Act.
3. Domestic Violence not to be committed: (1) No one shall commit; or aid or abet; or incite
for the commission of for the act of domestic violence. (2) A person who commits an act
pursuant to Sub-section (1) shall be deemed to have committed an offence under this Act.

4. Filing of complaint: (1) A person who has knowledge of an act of domestic violence has been
committed, or is being committed, or likely to be committed, may lodge a written or oral
complaint setting out the details thereof, with the Police Office, National Women Commission or
Local body. (2) In case a complaint is received pursuant to Sub-section (1), in a written form, it
shall be registered immediately and if it is received in an oral form it shall be registered upon
setting out details in a written form and putting the signature of the complaint.
(3) In a case the complaint is filed before the National Women Commission, necessary action
shall be taken in accordance with Prevailing National Women Commission law.
(4) In a case the complaint is filed before the Police Office, the Police Office shall produce the
perpetrator within 24 hours of the4complaint, excluding the time of travel and make arrest if
he/she refuses to appear for the statement.
(5) In a case the complaint filed in the Local Body, the Local Body shall produce the perpetrator
within 24 hours of the complaint, excluding the time of travel and requesting to arrest to the
Police Office if he/she refuses to appear for the statement.
(6) If the Victim has been physically wounded or mentally tortured as a result of the act of
domestic violence, he/she shall be immediately sent to the nearest hospital or health post for
necessary check-up and an injury report shall be drawn up. If the medical report is caused to be
prepared by
the Local Body, a copy of it shall be sent to the Police Station.
(7) If it is found necessary, to provide protection to Victim and his/her dependent’s from the
preliminary investigation on the complaint pursuant to Sub-section (1) of section 4, it shall be
provided with immediately with the assistance of the Police Office.
(8) The police officer or local body upon recording the statements pursuant to Sub-sections (4) or
(5) of Section 8 finds reason to believe that an act of domestic violence has been committed and
the Victim so desires, may, within Thirty days from the date of registration of the complaint,
Conduct reconciliation between the parties.

38
(9) The assistance a psychologist, sociologist, social activist and a family member trusted by the
Victim and any other witness as per necessity and availability may be taken while conducting
reconciliation pursuant to Sub-section (8). In the course of such reconciliation psychological of
and social effects on the Victim, as well as his/her right to privacy shall be taken into
consideration.

(10) The Police Officer or Local Body Officer shall ensure the presence of the perpetrator on the
due date during the investigating, Prosecuting and decision making process of the complaint.
(11) If the perpetrator fails to appear pursuant to Sub-sections (4) and (5); or he/she cannot be
made present; or the parties fail to settle their dispute through reconciliation, the Police Officer
and Local body, with theconsent of the complainant shall, within fifteen days after the expiry of
Thirty days as per Sub-section (8) shall forward to the court, the complaint mentioning all
details, along with evidence and other legal documents incidental thereto. (12) It shall be the
duty of the Police Office to provide assistance pursuant to Sub-sections (5) and (7).
5. Action to be taken by the Court: (1) Upon receiving a complaint pursuant to Sub-section
(11) of Section 4, the Court shall proceed the case as per this Act, on the basis of such complaint.
(2) Notwithstanding anything contained in Section 4, the Victim may directly file his/her
complaint to the Court.
6. Interim protection order may be granted: (1) If the Court has reason to believe, on the basis
of preliminary investigation of the complaint that the Victim needs to be given immediate
protection, it may, till the time the final decision on the complaint is made, pass the following
orders against the perpetrator:
(a) To allow the Victim to continue to live in the shared house, to provide him/her with food,
clothes, to not Cause physical injury to him/her and to behave with him/ her in a civilized and
dignified manner.

(b) To manage for necessary treatment or to give money for the treatment of the Victim if he/ she
has suffered physical or mental injury.
(c) To make necessary arrangements for the separate stay of the perpetrator in a case that it's not
conducive for them to live together, and make necessary arrangements for the maintenance of the
Victim.
(d) To not insult, threaten or behave in an uncivilized manner; or not to cause to do these acts.
(e) To not harass the Victim by entering his/ her place of separate residence; or in public roads;
or entering his/ her place of employment; or through the communication media or in any other
manner.
(f) To carry out or cause to carry out necessary and relevant actions for the protection and
welfare of the Victim. (2) If it is found necessary to provide protection pursuant to Subsection
(1) from the preliminary investigation of the complaint, the Court shall issue an appropriate order
for the protection of the minor children or any other dependent of the Victim.
7. Proceedings to be held in camera: (1) If it is so request by the Victim, the court shall
conduct in camera proceedings and hearings of the complaint relating to this Act. (2) During in
camera proceedings and hearings pursuant to subsection (1), the claimant, defendant, their legal
practitioners and those who are so permitted by the Court, shall be allowed to enter into the court
room.

39
8. Summary procedure to be Adopted: The procedure mentioned in the Summary Procedure
Act, 2028 (1971) shall be followed in the process and disposal of a case filed pursuant to this
Act.
9. Perpetrator to bear expenses of treatment: (1) The total costs of treatment of the victim of
the domestic violence, who has sustained physical or mental injuries so as to require medical
help in the hospital, shall be borne by the perpetrator.(2) Notwithstanding anything contained in
Sub-section (1), if the Court has reason to believe that the perpetrator is unable to pay such
amount due to economic reasons, the court may order to the Service Center to provide treatment
expenses to the Victim.

10. Compensation to be provided: The Court may, depending on the nature of the act of
domestic violence and degree, the pain suffered by the Victim, and also taking into account the
economic and social status of theperpetrator and Victim, order the perpetrator to pay
appropriatecompensation to the Victim.
11. Service Centre: (1) The Government of Nepal, as per necessity, may establish Service
Centers for the purpose of immediate protection of the Victim, and for the separate
accommodation of the Victim during the course of treatment.
(2) For the purpose of Sub-section (1), an organization may establish and operate Service
Centers upon receiving approval as prescribed.
(3) Service Centers operating pursuant to Sub-section (2) may be given financial and other aid
from the Fund established under Section 12.
(4) The Service Centre shall provide, as per necessity, legal aid, psycho-consultation service,
psychological Service and economic aid to the Victim.

(5) The provisions of management, operation and monitoring of Service Centre shall be as
prescribed.
12. Service Fund: (1) The Government of Nepal shall establish a Service Fund for the operation
of Service Centers established pursuant to Sub-section (1) of Section 11. (2) The fund shall
consist of the following amounts established pursuant to Sub-section (1):
(a) The amount received from the Government of Nepal,
(b) The amount received from any national or foreign
Organization, institution or individual,
(c) The amount received from any other source.
(3) The management and operation of the Service Fund shall be as prescribed.
13. Penalty: (1) A person who commits an act of domestic violence shall be punished with a fine
of Three Thousand Rupees up to Twenty Five Thousand Rupees or Six months of imprisonment
or both.
(2) A person who attempts to commit domestic violence or abets the Crime or incites others to
commit the crime shall be liable to half the punishment of the perpetrator.

(3) A person who has been punished once for the offence of domestic violence shall be liable to
double the punishment upon every repetition of the offence.
(4) If a person holing a public post who commits the offence of Domestic violence, he/she shall
be liable to an additional ten percent punishment.

40
(5) A person who disobeys the Court orders made pursuant to Section 6 shall be punished with a
fine of Two Thousand Rupees up toFifteen Thousand Rupees or Four months of imprisonment or
both.
14. Limitation: The complaint, for an offence committed pursuant to this Act, shall be filed
within Ninety days of the commission of the crime.
15. No hindrance to file case pursuant to prevailing law: Nothing in this Act shall prevent
the investigation, trial and proceed in an offence which is punishable under this Act and
prevailing law.
16. To be as mentioned in the prevailing law: This Act shall apply on matters mentioned
herein and in other matters the prevailing laws shall apply.
17. Power to frame Rules: The Government of Nepal may frame necessary Rules to implement
the objectives of this Act.
www.lawcommission.gov.np

41