Violence Against Women in Nepal

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Violence Against Women in Nepal
Article · May 2008
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Joshi, Dr. Sunil Kumar. (2008, May 22). Violence Against Women in Nepal -- An
Overview The Free Library. (2008). Retrieved November 30, 2008 from
http://www.thefreelibrary.com/Violence Against Women in Nepal -- An Overview-
a01073875052
Violence against Women in Nepal -- An Overview

Dr. Sunil Kumar Joshi 1, Jagannath Kharel 2
1
Member, International Network on Research on Violence against Women
Mentee, Mentor VIP (violence, injury prevention and disability), WHO, Geneva
Asst. Professor of Community Medicine, KMC, Sinamangal
2
Freelance Social Scientist and Researcher
Contact Email: drsunilkj@gmail.com, jnkharel@gmail.com
Copyright (c) 2008 Free Online Library
Abstract
Historically, violence against women and girls (VAW&G) has been in existence and a
widespread in Nepali society but still unreported problem in Nepal. Data on the issue is
hard to come by as there are very few studies done on the subject. Violence against
women (VAW) has started being openly discussed and addressed only in the last decade.
The lens of looking at women has changed significantly that shifted from being child
bearers and providers of health care in the 60''s and 70''s to a slow realization of their
critical productive role in rural economy in the 80''s, and to the recognition of women as
citizens in need of equal legal and political rights in the 90''s. Without comprehensive,
carefully documented research on violence against women, it is impossible to know
whether women are experiencing more violence in some countries than in others, or
whether they are reporting it more often. In the absence of proper research, it is difficult
to compare and assess the scope of violence as well as the effectiveness of programmes to
end it. With research, advocates can better understand obstacles and develop
appropriate methods for combating them. Research can motivate government and civil
society to take action once the extent of a problem is proven.
T he eyes of the whole world kept

wide opened when they knew
about the deed of a 73 years old
father in Amstetten, Austria, who kept
her daughter in captivity for 24 years in
every country where the problem has
been studied.
Historically, violence against women
and girls (VAW&G) has been in
existence and a widespread in Nepali
a windowless cell, raped her and society but still unreported problem in
fathered her seven children. This is most Nepal. Data on the issue is hard to come
probably the worst case of reported by as there are very few studies done on
domestic violence against women in the the subject. Violence against women
modern world. Domestic violence has (VAW) has started being openly
been found to be a serious problem in discussed and addressed only in the last
Joshi, Dr. Sunil Kumar. (2008, May 22). Violence Against Women in Nepal -- An Overview The Free Library.
(2008). Retrieved November 30, 2008 from http://www.thefreelibrary.com/Violence Against Women in Nepal --
An Overview-a01073875052
decade. The lens of looking at women of her life; and research suggests that up
has changed significantly that shifted to a third of all women are more at risk
from being child bearers and providers from their husband, fathers, neighbours
of health care in the 60''s and 70''s to a or colleagues than from the strangers.1
slow realization of their critical VAW has come to be recognized as a
productive role in rural economy in the legitimate human rights issue and as a
80''s, and to the recognition of women as significant threat to women’s health and
citizens in need of equal legal and wellbeing.2. Violence against women is
political rights in the 90''s. The now clearly recognized as a priority for
reluctance to amend discriminatory laws international attention. In 1993, the
or formulate new ones is also influenced United Nations Assembly adopted the
by socialization process which continues Declaration on the Elimination of
to be reinforced by lawmakers giving Violence against Women. The general
excuses like "the social structure will taboo of not accepting this form of
breakdown", "Infidelity will increase", violence was related to strong patriarchal
"Women cannot handle economic society and limited freedom of
matters", "Giving women rights will expression of such social evils. It has
create disharmony in society and therefore been openly discussed as the
families". All these factors and many most common form of gender based
more have contributed towards the violence is domestic violence. Violence
filtering of these socio-cultural values against women and girls continues to be
from one generation to another. When a global epidemic that kills, tortures, and
we scratch beneath the surface of maims physically, psychologically,
violence against women, we can find it sexually and economically. It is one of
as a result of unequal power structure the most pervasive of human rights
with mostly men exercising their might violations, denying women and girl''s
based on a hierarchy of power having equality, security, dignity, self-worth,
the right to speak. Studies have shown and their right to enjoy fundamental
that their frustration often comes out on freedoms.
their weaker counterparts (women, girls
and other men) making their own rules Violence against women is present in
at home and in the society. Their denial every country, cutting across boundaries
to human feelings and emotion explode of culture, class, education, income,
on women and girls by creating fears ethnicity and age. Even though most
and insecurity among them in relation to societies proscribe violence against
social economic power of male members women, the reality is that violations
in their family. This is why men are against women’s human rights are often
angrier and prefer to act more dominant sanctioned under the garb of cultural
role. practices and norms, or through
misinterpretation of religious tenets.
Violence against women was not Moreover, when the violation takes
explicitly declared as infringe on their place within the home, as is very often
human rights until the 1993 UN World the case, the abuse is effectively
Conference on Human Rights. The condoned by the tacit silence and the
World Health Organization stated that at passivity displayed by the state and the
least one in five women is physically or law-enforcing machinery.3
sexually abused by a man at some time
Across the world, violence against emphasized that the extended family
women is recognized as a symptom of structure frequently fosters abuse by
unequal power relations between men persons other than the husband.
and women. Socially and culturally Therefore, to accurately capture the
determined gender norms perpetuate experience of Nepali women, the
gender hierarchies and are embedded in delegation documented both
structures such as the family and the psychological abuse and abuse
community. Violence against women is perpetrated by members of the extended
actually violence against mothers, sisters, family4.
wives, daughters and daughter-in-laws.
The woman is the most abused object A Report on Violence by Amnesty
which stems from the home. The International (2001) has also reported
domestic violence against women has its that women have been the victim of
rural and urban dimensions. Various mental and physical abuse, rape and
studies revealed the fact that a higher other human rights violations by both
level of domestic violence against Maoists and government security forces.
women exists in the urban and highly Population Briefs, a newsletter of the
educated families. Gratuitous and Population Council (September 2005),
persistent violence against women has reports a high level of physical abuse in
been largely overlooked by Nepali homes among pregnant women in Nepal.
culture in the name of keeping a woman A survey by a Kathmandu-based NGO
in her place'', to obstruct her right to CWIN found a majority of children who
speak, to make decisions and to control run away from home do so because of
her sexuality. violence within them. And, a media
monitoring team, National Network
The Nepal Human Development Report against Girl Trafficking has confirmed
2004 also reinforces domestic violence an increase in the cases of domestic
to be a grave and unaddressed problem. violence in 2004.A situation of violence
Most perpetrators of domestic violence against women and girls in South East
escape persecution under the Nepali Asia by Hayward & Finney in 2000 has
criminal justice system. Though the presented gender based violence as a
National Human Rights Commission violation of women’s rights. The South
works on the issue, other human rights East Asian region has one of the highest
concerns in this war-torn country take incidences of gender based violence in
precedence. Domestic Violence in Nepal, the world.
a study conducted by Minnesota
Advocates for Human Rights revealed Domestic violence against women
that in Nepal, violence against women (DVAW), by its nature may not be seen
frequently takes the form of verbal in isolation in Nepalese society where
harassment and emotional abuse in the neglect and abuse of females is the
addition to physical violence. In the routine of the day in almost all families
opinion of several women’s human and communities. Recognizing the need
rights advocates, psychological abuse of awareness about it, women rights
(often described as "mental torture") is activist organizations are bringing this
more pervasive than purely physical issue in the forefront by initiating
abuse. Many Nepalese women being advocacy work against DVAW. A health
interviewed by the delegation profile on women of South East Asia
(2000) mentions the various evidence Most frequent types of injuries included
based studies of different countries black eye, bruises, sprains and face
regarding domestic violence. The injuries as a result of hitting, slapping,
maternal mortality study conducted by kicking, pulling hair, burning with
Family Health (1998), revealed that cigarette etc. Verbal abuse, neglect and
higher suicide rate among women of deprivation also resulted in emotional
reproductive age group. Another report distress of the pregnant women. Some
from Nepal reported that maternal 42% of women reported forced sexual
mortality accounts for the highest intercourse during pregnancy. They
number of women’s deaths each year, asked the trained attendants, auxiliary
followed by suicide. Almost five nurse midwives and obstetricians
hundred cases of suicide were reported regarding the most common
to Nepal police in 2003-2004 (Asia complications observed with these
foundation, 2004).The census recorded victims of violence during pregnancy.
half million women living in These findings show that violence
polygamous marriages (DFID), and against women is prevalent and often
other studies have shown that polygamy results in severe physical and
is a serious cause of depression for psychological ill health to the pregnant
women in Nepal (SAATHI 2001). women and children. Women are thus
denied the most fundamental of Human
A research done in 2000 by a non- Rights: namely life, liberty, bodily
government organization SAATHI integrity and dignity of the person. All
revealed that 66 per cent of the women these socio-cultural factors are seen as
in the country endure verbal abuse, 33 laying a strong foundation for the
per cent emotional abuse, and in all existence and continuity of violence
cases 77 per cent of the perpetrators against women in Nepal.
were the family members. Fifty eight
percent of women who suffered Social, cultural, economic and religious
domestic violence confirmed daily abuse. factors reiterate male dominance and
In a situation analysis conducted by allow systematic discrimination and
SAATHI in 1997 on violence against violence to pervade women’s lives.
women in Nepal revealed that 93% were Nepal has one of the highest indices of
exposed to mental and emotional torture, son preference in the world. A study
82% were beaten, 30% were raped, 28% done by Adhikari and Dahal in 2004) in
were forced into prostitution, and 64% Banke district among 235 women and
reported polygamy.5 Similarly, Deuba & adolescent girls revealed that
Rana in 20056 mentioned that domestic overwhelming majority of the women
violence has been reported to result in reported that they were often abused
high maternal death, preterm birth and with verbal curse, followed by mental
high prenatal mortality, abortion, torture (85.2) and harassments because
miscarriage and impact on long term they only gave birth to daughters.
health of women. A study conducted by Reasons behind underreporting are to
them among 300 mothers of hospital save family prestige, and privacy, fear of
deliveries and 50 mothers who delivered husband and mother in-law, love and
in the communities showed that affection with husband and family
domestic violence was a frequent members, fear of breaking family
phenomenon during pregnancy. relation, fear of social traditional and
socio-cultural values, fear of further rape, 3 cases of trafficking, 1 case of
beating, physically assault, abortion, and 14 cases of others; while
marginalization, uncertainty of justice, 386 victim women were delivered legal
lack of faith in justice and support of advice by the helpline of CWLAC.
other.
As in many other countries, the laws
Lack of infrastructural and legal relating to violence against women in
protection mechanisms have led to Nepal is also neither adequate nor
further increase in domestic violence. human right sensitive to redress the
Home is no more a safe place for women, problems. In the Ninth Five Year Plan,
yet women have no other choice than to the issue of legal provisions to ensure
stay at home with the perpetrator. Out of women’s rights and institutional legal
the so far, 60 percent are cases of provision to prevent Violence against
domestic violence and 72 percent of the women, especially domestic violence
women facing domestic violence live was raised. Although the Constitution
with their husbands or in-laws where does not allow discrimination based on
they face violence. In Nepal, 11 per cent sex, caste, creed or colour there are more
of younger men (below age 30) and 8 than 150 discriminatory provisions
per cent of men (aged 30-39 years) against women in the forms of denial
justified wife-beating for refusing sex. access to and control over resources,
Men use threats of abandonment, restricted mobility, low representation in
seeking sexual gratification elsewhere, decision-making positions in civil
remarriage and quarrel to force sex upon services, politics and public sectors, lack
wives early in marriage 7. As a result, of opportunities for advancement and the
for most present generation women, attendant problems resulting in longer
married life means depression, mental working hours, illiteracy, poor health,
torture, self immolation; bride burning high maternal mortality rates, increasing
for dowry demand.8 number of trafficking of women and
girls, violence against women and girls,
The forms of violence that women witch-hunting and so on.9
encounter differ according to changes in
socio-cultural practices, educational Many cases are found where perpetrators
background and others. For example, of domestic violence escape persecution
dowry-death was not seen in the past but due to ineffective criminal law of Nepal.
it is prevalent in the Terai (the plain Also, by law men are the sole inheritors
region of Nepal along the border of of property. Wife battering is covered by
India) which can be assumed as the general physical assault legislation. It is
influence of Indian culture. Likewise, only punishable but depending on the
Chhaupadi (a tradition to isolate a nature, effects of the assault and the
woman by keeping her in a shed like weapon used. But there is no provision
unhygienic room with no ventilation or of punishment for mental torture and
window for at least 4-7 days during her verbal abuse.10 11th amendment in the
menstruation period) is practiced in Far law in 2002 did broaden women’s
Western Region of Nepal. Similarly, in property rights but they cannot still sell,
2003, Central Women Legal Aid rent or otherwise transfer property
Committee (CWLAC) recorded 251 without the consent of her spouse and
cases of domestic violence, 9 cases of sons.
Little or no access to land restricts Women with a history of physical or
women’s ability to obtain credit, be sexual abuse are also at increased risk
financially independent and move out of for unintended pregnancy, sexually
violent relationships and homes.11 With transmitted infections, and
the continuous efforts and pressure of miscarriages12 Emotional torture was
women's right activists and other civil reported by 93 percent of total
society institutions, the government has respondents and beating was identified
passed a Domestic Violence (Crime and as the most common form of physical
Punishment) Bill 2058 in the year 2002, violence against women and girls in
realizing the need of comprehensive, Nepal (82 percent), followed by rape 30
effective and human right sensitive law percent and forced prostitution by 28
but that bill has not seriously act due to percent. Polygamy was reported without
the political instability. The latest fail by respondents 64 percent in every
amendment 2002 has brought a target district and could be easily be
landmark provision relating to equal assumed to be the most prevalent form
rights to women and guarantees of traditional VAW and G.13
women’s human rights. Supreme Court
has to face the challenge due to several Gender based violence has direct effect
discriminatory laws against women. on women’s ability to exercise
News about the verdict of Supreme autonomy in the use of reproductive
Court that abolished a law stated in the health services, and limits women’s
Civil Code in the chapter of Marriage abilities to protect themselves from
which allow a man to marry another sexually-transmitted and reproductive
woman if she is proved unable to give tract infections. UNFPA (2005) stated
birth to a child within ten years after that the quality of life in families and
their marriage was published on March communities is reduced by violence.
31, 2006 in Kantipur national daily. The Children who witnessed or experienced
Women’s Rights Division of Human abuse suffer long term psychological
Rights Watch fights against the effects, and are themselves more likely
dehumanization and marginalization of to become perpetrators of violence.
women with solidarity to end traditions, Violence against women directly
practices, and laws that harm women. impacts their participation in the work
Ultimately, the struggle for women’s force and democratic processes. So the
human rights must be about making creation of more gender equitable
women’s lives matter everywhere all the societies needed the preventive measures
time which means taking action to stop as a prime importance. Gender specialist
discrimination and violence against them. urge for the inclusion of boys and men to
promote gender equality and justice in
It is also a profound health problem that the country. Only then they would want
saps women’s energy, compromises their female members to be safe and
their physical and mental health, and have opportunities enjoyed by males.
erodes their self-esteem. In addition to
causing injury, violence increases The study called Samata performed in
women’s long-term risk of a number of 2005 revealed that majority of the
other health problems, including chronic respondents (80%) suffered from
pain, physical disability, drug and psychological abuse. Psychological
alcohol abuse, and depression. abuse was one of the safest methods for
the perpetrators. Second major type of of traditional healer (Jhankri) and claim
violence faced by women was physical the women to be witches and punishing
assault. 31.6% women were suffering them have lead to very painful
from physical violence. Ten percent incidences enhancing the violence
women were suffering from sexual against women in Nepalese society. By
abuse and harassment. The study clearly defining the various and specific
findings further pointed out that, out of forms of domestic violence, it can no
60 respondents 40 respondents had longer be regarded as a private problem
different types of health problem due to within the household, nor can the
domestic violence. Among them, rhetoric of public versus private be used
majority (30%) had chronic conditions to confer impunity to perpetrators of
like irritable bowel syndrome and domestic and social crime which are
chronic pain syndrome. Twenty Five violations to human right.
percent were suffered from mental
health problem. Mental health problem According to UNICEF (2000) there exist
ranged from mild to severe. Twenty six kinds of violence against women and
percent women were suffering from girls in South Asia, mainly sexual abuse,
reproductive health problem. The incest and rape by family members and
common reproductive problem was other, recruitment by family members
pelvic inflammatory disease. Fifteen into prostitution, neglect by family
percent had physical health problem due members, even to the point of death,
to severe beating. Backache, problem in feticide and infanticide, dowry demand
vision and poor subjective health were and wife abuse. Violence not only harms
common physical health problem. women physically, it also leaves deep
psychological impact on both the victims
Similarly, Dalit (lower caste community) and their family. Even their communities
women are extremely vulnerable to and the nation as a whole are affected by
sexual exploitation in our country. violence against women.
Among the Dalit communities, one
landless group, the Badi, has for years What is the next step?
survived by means of prostitution.
Currently, they are demanding their right Without comprehensive, carefully
with state and currently raised voiced documented research on violence against
from street movement. Various studies women, it is impossible to know whether
have revealed that the number of young women are experiencing more violence
women from Nepal being trafficked to in some countries than in others, or
India is increasing, and they are forced whether they are reporting it more often.
to work as prostitutes in the Indian In the absence of proper research, it is
brothels. Deuki or Devaki is also largely difficult to compare and assess the scope
practiced in Nepal. Deuki is a custom of of violence as well as the effectiveness
buying and offering girls to temples; of programmes to end it. With research,
most of these young girls resort to advocates can better understand
working as commercial sex workers to obstacles and develop appropriate
earn a living. Numerous cases of women methods for combating them. Research
being branded and killed as witches in can motivate government and civil
Terai region are reported frequently on society to take action once the extent of
the Nepalese media. Common practice a problem is proven. Research on the
way in which agents of the state respond family and /or community. Trained
to incidents of violence has been a surveyors from the same geographic
critical tool in gaining government region and similar ethnic group may not
commitments to end impunity.14 As the be available leading to difficulty in
Beijing Platform for Action makes clear, proper data collection. It has to be
there is a need for a stronger evidence- noticed that women have heavy
base planning regarding the magnitude workload and they have very little time
and the nature of the problem, in to spare for researchers. To demand their
particular the identification of risk and time at researchers'' convenience bearing
protective factors in different cultural a high opportunity cost will be
contexts. There is also a need to "exploitation of women". So, it needs to
understand and measure the health be compensated with kind or
consequences of VAW and the synergies development/or awareness/ advocacy /or
between them, in order to assess the real support for them. Also, in women’s
''burden of disease'' related to VAW. situation of absolute victimization, it is
Moreover, there is a need for not only unethical for researcher to be
information on interventions that are unfriendly from their situation but it is
effective, feasible and sustainable in also inhuman not to be compassionate.
resource poor settings and the promotion Another ethical dilemma in doing
of "research and data collection on the research on VAW is, should researchers
prevalence of different forms of violence be indifferent in the name of objectivity
against women and research into the or, should researchers become advocates
causes, the nature and the consequences of gender equality, discrimination and
of violence against women and the violence and engage in activism for
effectiveness of measures implemented women. It is to deal with the researcher’s
to prevent and redress violence against compassion, consciousness and
women".15 importantly ethics and loyalty toward
research on VAW.
However, doing research on VAW in
Nepal requires a lot of patience, Conclusion
devotion, compassion and commitment
from the part of investigators, field Although patriarchal systems and social
researchers and enumerators. Researcher norms of privacy limit quantitative
should be prepared to deed with violence evidence, there is sufficient
against female, illiteracy, poverty, documentation conforming that the
language barrier, culture/religions barrier impacts of violence on a reproductive
and ethnic/caste barrier. They need to go health are wide ranging and
out in the field as learners with "open severe .Violence kills and disables many
mind" and learning everything. Women women between the ages of 15- 44, and
are usually shy to the external surveyors. its toll on women’s health surpasses that
If the questions are related to personal of traffic accidents and malaria
and private matter such as violence they combined (UNFPA, 2005). Domestic
prefer to talk with women enumerators. violence in the family stems from the
Single women may be too shy or fearful concept of male superiority and power.
to talk in general way. They have no In most countries, the male has been
freedom to expression in front of male historically and traditionally considered
and senior female members of their the provider and more powerful figure,
and that is the basis for the exercise to References
control over the female (UNIFEM,
2000). In the WHO Newsletter titled 1.http://www.panos.org
"Global campaign for violence 2. Ellsberg Mary and Lori Heise, 2005,
prevention" which notes gender-based Researching Violence against Women, a
violence is a daily and often deadly fact Practical Guide for Researchers and
of life for millions of women and girls Activists, WHO and PATH
around the world. Domestic violence is a 3. Innocenti Digest No. 6, June 2000,
particularly insidious form of gender- Domestic Violence against Women and
based violence. In the place where they Girls, UNICEF
should feel the greatest safety and 4. Graham Kathleen and Johanna Bond,
security-the family women and girls Domestic Violence in Nepal, Minnesota
often face terror from physical, Advocates for Human Rights, p.4-6,
psychological, sexual and economic September 1998
abuse. Violence against women has 5. Arzu Rana Deuba, The Situational
gained increasing recognition as a Analysis of Violence Against Women
human right issue, as a reproductive and Girls in Nepal, SAATHI/TAF, 1997
health issue, and as a developmental 6. Arzu Rana Deuba, Pinky Singh Rana,
issue that affects not just women Linkage between Domestic Violence and
themselves but society as whole. So it is Pregnancy, Samanata, 2005
necessary to provide recommendation 7. http://www.mnadvocates.org/sites/
that if the women do not report the 608a3887-dd53-4796-8904
incidence of violence against women as 8.www.amazon.com/
a result it may become the most www.sadashivan.com
unreported crime in Nepalese society. 9.www.mgep.org.np
10. Nepal Country profile, 2001
Till now, violence against women has 11. www.wecanendvaw.org/nepal%20
been virtually invisible in Nepal, either detail.htm (retrieved on 27th Nov 2006)
because women are ashamed to discuss 12. http://www.infoforhealth.org/pr/l11
it, or because it is considered as a natural edsum.shtml (accessed on 4th January
part of culture. Therefore, prevalence 2006)
data are often needed to convince policy 13. Say No to Gender Based Violence,
makers of both the pervasiveness of UNIFEM, 2003
violence and its serious implications for 14. Bureau of Statistics, Report on
women’s health and development. Even Violence between Intimates, US
though very few researchers and rare Department of justice, 1994
organizations initiated the survey in 15. Krug EG , World Report on
these issues covering very specific area Violence and Health, WHO, 2002
or region, we are still unable to gain
proper attention as per the dimensions of
VAW in Nepal due to the lack of large
studies in this sector. Hence, studying
violence against women in Nepal is of
paramountdimportance.
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Violence Against Women in Nepal

Article · May 2008

Sunil Kumar Joshi

Nepal Injury Research Centre View project

Brick kiln and health View project

The user has requested enhancement of the downloaded file.

Violence against Women in Nepal -- An Overview

Contact Email: drsunilkj@gmail.com, jnkharel@gmail.com

Copyright (c) 2008 Free Online Library

T he eyes of the whole world kept

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