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Domestic violence is the use of any abusive behavior by one person against another within a domestic or intimate relationship to gain or maintain power and control. It is the most common cause of injury among women in many countries, affects people of all ages, backgrounds, and sexes, and ranges from physical, emotional, and psychological to sexual and economic abuse. The victims of domestic violence are usually intimate partners, spouses, or family members, and the abuse can take various forms, from verbal insults and intimidation to physical assault or sexual coercion.
It is a violation not only of a person's human rights but also of the penal laws of a country, the after-effects of which are grave and far-reaching for both the sufferer and society. Such violence can affect victims for their lifetime, along with trauma, depression, anxiety, and a self-perpetuating cycle that may be hard to break. It impacts families' overall well-being, often involving children who may witness or personally face abuses to perpetuate future violence.
It is globally recognized that domestic violence poses a serious concern to public health and social problems. In Nepal, it remains an important challenge due to the legal, cultural, and social barriers that hamper effective case prevention and resolution. Although Nepal has enacted legal regimes like the Domestic Violence (Crime and Punishment) Act, 2009, for the protection of victims, the issue needs continued legal, social, and governmental attempts at guaranteeing safety, justice, and support to the affected ones.
Forms of domestic violence
Physical Abuse (sec 2(c) Domestic Violence (Crime and Punishment) Act, 2008)
Physical abuse means any act or conduct of such nature as to cause bodily harm or injury except the losing and breaking of limbs; holding the person captive, inflicting physical pain, or any other act connected therewith.
Mental Abuse (sec 2(d) Domestic Violence (Crime and Punishment) Act, 2008)
Mental abuse means any act of threatening the aggrieved person with physical torture, showing terror, reprimanding him, accusing him of false deeds, forcefully evicting him from the house, or otherwise causing injury or harm to the aggrieved person emotionally and This phrase also denotes discrimination carried out based on thought, religion or culture and customs and traditions.
Sexual Abuse (sec 2(e) Domestic Violence (Crime and Punishment) Act, 2008)
Sexual abuse means any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of any person; or any other act that hampers safe sexual relations.
Economic Abuse (sec 2(f) Domestic Violence (Crime and Punishment) Act, 2008)
Economic abuse includes deprivation of all or any property jointly or separately held by the aggrieved person to which he/she is entitled to under the law; or deprivation of or access to employment opportunities, economic resources or means.
Locus standii in domestic cases (locus standi is a legal term that refers to the right or capacity of a person to bring a lawsuit or to appear and be heard in court)
- Victim
- Family members such as parents, children, and In-laws
- Public interest organizations and INGOs
- Legal representatives or lawyers
Legal provision relating to domestic violence in Nepal
Domestic Violence shall not be committed (sec 3 of Domestic Violence (Crime and Punishment) Act, 2008
No body shall commit; aid, abet; or incite the commission of acts of domestic violence.
Punishment
- Whoever commits the act of domestic violence shall be punished with a fine of three thousand rupees which may extend up to twenty-five thousand rupees; or six months of imprisonment; or both.
- Whoever attempts to commit domestic violence or abets the crime or incites others to commit the crime shall be liable to half the punishment of that of the perpetrator.
- Whoever has been punished once for the offense of domestic violence shall be liable to double the punishment upon every repetition of the offense.
- If a public servant commits the offense of domestic violence against wife, old aged member, disabled, minor, or pregnant woman, he shall be liable to an additional ten percent punishment over and above the prescribed punishment.
- Whoever doesn't obey the Court orders issued to grant interim protection order shall be fined Two thousand rupees to Fifteen thousand rupees or four months of imprisonment; or both.
Procedure for cases of Domestic Violence
- Prosecution and deciding the case as per the procedures prescribed in the Summary (Court) Procedures Act, 2028.
- Proceeding shall be held in camera.
- If the Court has reason to believe, on the basis of preliminary investigation of the complaint, that the aggrieved person 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.
- If a person who has been subject to domestic violence sustains physical or mental injuries to require medical help, the total costs of treatment in the hospital shall be borne by the perpetrator.
- The Court may, depending on the nature of the act of domestic violence, its degree, the pain undergone by the aggrieved person, and also taking into account the economic and social status of the perpetrator and aggrieved person, order the perpetrator to pay appropriate compensation to the aggrieved person.
- The complaint, for an offense committed as per this Act, shall be filed within ninety days of the commission of the crime.
Essentially, domestic violence remains one of the most paramount social and legal issues that continues to affect the world's people, including Nepal. While legislation exists, such as the Domestic Violence (Crime and Punishment) Act, 2009, many obstacles continue to exist in effectively seeking justice for victims because of barriers in culture, society, and even the laws themselves. It comes in many forms, including physical, mental, sexual, and economic abuse, all of which have devastating impacts on victims and leave long-lasting trauma. The legal provisions against these ills in Nepal have punishment for perpetrators and protection guaranteed to victims. However, tackling the menace of domestic violence requires a multidimensional approach: legal, social, and governmental. Continued awareness, education, and enforcement of laws will help to build a safer place and provide necessary support for victims of this heinous crime.