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Sexual harassment is a serious violation of human dignity, equality, and personal security. In Nepal, addressing sexual harassment has become a critical legal and social priority, particularly in workplaces, public spaces, and educational institutions. Although deeply rooted cultural taboos and gender inequality have long silenced victims, legal reforms over the years have aimed to protect individuals from such abuse and ensure accountability for perpetrators.
Nepal has taken significant steps to combat sexual harassment through both constitutional provisions and specific legislation. The Constitution of Nepal, 2015 guarantees the right to equality, dignity, and freedom from violence, including sexual violence. In addition, the Sexual Harassment at Workplace (Prevention) Act, 2071 (2014) was enacted specifically to address harassment in professional environments. This law defines sexual harassment broadly, covering verbal, non-verbal, physical, and written acts that are unwelcome and offensive. It requires all employers to establish a safe working environment and form complaint-handling committees.
Furthermore, the Muluki Penal Code, 2074 (2017) criminalizes acts of sexual harassment under various provisions, prescribing fines and imprisonment for offenders. This Code extends protection beyond the workplace, covering schools, public transport, and online spaces.
Despite these laws, enforcement remains a challenge due to stigma, lack of awareness, and fear of retaliation. Nevertheless, ongoing advocacy, legal reforms, and judicial activism are gradually helping to shift public attitudes and strengthen legal protections.
Overall, Nepal’s legal framework against sexual harassment represents an evolving but vital effort to uphold human rights and promote gender justice.
Provision relating to sexual harassment
Muluki Penal Code Sec 224 defines
An act of sexual harassment as A person shall be considered to commit sexual harassment if the person holds or touches or attempts to touch any sensitive organ of, or opens or attempts to open undergarments of, or 145 obstructs or hinders in any way the wearing or removing of undergarments of, or takes to any lonely place in an unusual manner, or gets his or her sexual organ to be touched or held by, or uses vulgar or similar other words, spoken or written or by gesture or by way of electronic medium, or shows any pornography to, or teases or annoys with sexual motive, or behaves in an unusual, undesirable or indecent manner with, a person who is not his wife or her husband, without her or his consent, with the motive of having sexual intercourse with her or him.
Sexual harassment refers to any unwelcome behavior of a sexual nature that makes a person feel offended, humiliated, intimidated, or unsafe. It can occur in various settings, such as the workplace, educational institutions, public spaces, or online, and may be physical, verbal, non-verbal, or written.
Sexual Harassment at Workplace (Prevention) Act, 2071 (2014), sexual harassment is defined as:
“Any form of undesired sexual behavior, such as touching, displaying obscene images or gestures, making sexual jokes or comments, or pressuring someone into sexual activity, especially in a professional or institutional environment.”
Punishment:
Imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.
Sexual harassment is a violation of human dignity and equality, affecting individuals in workplaces, public areas, and online spaces. In Nepal, laws such as the Sexual Harassment at Workplace (Prevention) Act, 2071 and the Muluki Penal Code, 2074 address such misconduct. These laws define sexual harassment broadly, including physical, verbal, and electronic behaviors that are unwelcome and sexually motivated. Section 224 of the Penal Code outlines specific acts and penalties, with offenders facing up to three years of imprisonment and a fine of up to thirty thousand rupees. Despite legal provisions, enforcement remains difficult due to stigma and lack of awareness.
Services provided by law firm in cases regarding sexual harassment.
1. Legal Consultation and Case Evaluation
Law firms begin by offering confidential legal consultation to victims or accused individuals. During this process, lawyers explain relevant laws such as the Sexual Harassment at Workplace (Prevention) Act, 2071 and Section 224 of the Muluki Penal Code, 2074. They evaluate the facts of the case and determine whether the behavior qualifies as sexual harassment under Nepali law.
2. Filing Complaints and FIRs
If the incident meets legal criteria, the law firm helps the client file a formal complaint either with the employer’s complaint committee (in workplace cases) or at the nearest police station by preparing and submitting a First Information Report (FIR). This step is crucial in initiating legal action.
3. Court Representation
Lawyers represent clients during all stages of the legal process—police investigations, court hearings, and trials. For victims, this includes seeking justice and penalties for the offender. For the accused, it involves defending their rights, ensuring due process, and avoiding false allegations.
4. Protection and Interim Relief Measures
A law firm may assist victims in seeking protection orders from the court to prevent further harassment or retaliation. They can also apply for interim reliefs such as paid leave, job transfers, or safe accommodations depending on the situation.
5. Evidence Collection and Documentation
Gathering and presenting evidence is critical. Law firms help collect digital, verbal, and physical evidence, including CCTV footage, emails, messages, or witness testimonies. They also prepare all necessary documents like affidavits, legal notices, and court petitions.
6. Filing Appeals and Legal Remedies
If a party is not satisfied with the verdict, law firms can file appeals in higher courts. They can also explore other legal remedies, such as filing for defamation in false accusation cases or claiming compensation for emotional and psychological harm.
Frequently Asked Questions
Sexual harassment in Nepal is defined as any unwelcome sexual behavior, including physical, verbal, or non-verbal acts, intended to intimidate, offend, or humiliate the victim. This includes unwanted touching, inappropriate comments, gestures, or displaying pornography without consent.
Offenders of sexual harassment in Nepal can face up to three years of imprisonment and a fine of up to thirty thousand rupees under the Sexual Harassment at Workplace (Prevention) Act, 2071, or the Muluki Penal Code.
Victims can file complaints with the employer’s complaint committee or the nearest police station. They are entitled to protection orders, interim reliefs like job transfers, and can seek legal compensation for the harm they suffered.
Yes, sexual harassment can occur in public spaces, and the law extends protection beyond the workplace. The Muluki Penal Code covers harassment in public transport, educational institutions, and other public areas.
You should report the incident to your workplace complaint committee or to the police. Seek legal consultation to understand your rights, and if necessary, take action for compensation or protection orders under the Sexual Harassment at Workplace (Prevention) Act.
Yes, the Muluki Penal Code extends the definition of sexual harassment to include electronic harassment, such as cyberstalking, sending unsolicited explicit content, or online threats.
Lawyers assist in filing complaints, gathering evidence, representing the victim in court, securing protection orders, and pursuing compensation claims. They ensure the victim’s rights are upheld and help with legal remedies like job transfers or interim relief.
Yes, complaints should be filed within three months of the incident. Delays can complicate the legal process, so it is important to report harassment as soon as possible.
Yes, Nepal’s laws specifically aim to protect women from workplace and public space harassment, ensuring that they have access to legal remedies, victim support, and safe environments.
Victims of sexual harassment can seek compensation through the legal system. Compensation can be awarded for physical injuries, emotional distress, lost wages, or any other damages caused by the harassment. If the perpetrator cannot pay, state funding may be available.
Disclaimer:
This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.