Gender-based violence is violence targeted against a person because of his or her gender or sex. It affects women disproportionately. It includes but is not limited to, physical, sexual, economic and psychological harm (including intimidation, suffering, coercion, and/or deprivation of liberty within the family or within the general community).
It also includes sexual violence, domestic violence, trafficking, and harmful traditional practices.
Violence against women and girls is gender-based violence faced by women and girls where they suffer physical, economic, sexual or mental harm including threats of such acts, coercion or deprivation of freedom either from public or private life.
Sexual violence is a form of gender-based violence which encompasses any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting. Sexual violence takes multiple forms and includes rape, sexual abuse, forced pregnancy, forced sterilization, forced abortion, forced prostitution, trafficking, sexual enslavement, forced circumcision (removal of skin covering tip of penis by surgery), castration (removal of testicles) and forced nudity.
Any sexual activity with a child (any person who has not yet completed 18 years of age) constitutes sexual violence.
- Sexual harrassment includes non-consensual (without consent) physical contact such as holding, grabbing, slapping, pinching or rubbing against another person in sexual way. It also include various other non-physical forms including sexual comments, stalking, demads for sexual favours, exposing one’s sex organs, etc.
- Rape is coerced, non-consensual vaginal, anal or oral penetration of another person’s body parts or objects.
Physical violence includes physical contacts such as beating, punching, and killing (with or without weapons) is often combined with non-violent forms of GBV, including emotional and psychological violence.
Domestic violence is any physical, sexual, psychological, verbal and economic violence between one person and another within the family. It may be committed by family members and/or people considered as family members, whether or not they live in the same household.
Online or digital violence refers to any act of violence that is committed, assisted or aggravated by the use of information and communication technology (mobile phones, the Internet, social media, computer games, text messaging, email, etc).
- Cyberbullying involves the sending of intimidating or threatening messages.
- Non-consensual sexting involves the sending of explicit messages or photos without the recipient’s consent.
- Doxing involves the public release of private or identifying information about the victim.
A helpline 1145 service can be used 24 hours a day, 7 days a week. This service is free of charge through telephone or mobile and maintains confidentiality. One can report violence through the following means:
- Calling the Helpline Service 1145
- Sending an SMS at Helpline 1145
- Filling out the form on the Helpline Service website (https://nwchelpline.gov.np/report-violence)
- Visiting the National Women Commission.
Child marriage is one of the major harmful practices existing in Nepal.
Nepal has the third highest rate of child marriage in South Asia. 37% of Nepali women aged 20-24 years are married by the age of 18 and 10% of those are married before 15.
The Literature Review on Harmful Practices in Nepal, a report by United Nations Nepal, states that in Nepal though the legal age for marriage is 20 years, child marriage refers to marriage between children up to 18 years of age. While individuals marrying between the age of 18-20 years falls into the category of “underage marriage”.
Child marriage adversely impacts the health and development of young girls. Young girls married as a child often drop out of school, are less economically productive and potentially face negative physical, mental and emotional effects. In comparison to individuals who marry later, child brides are more prone to experiencing domestic violence as well as emotional and sexual violence. Moreover, child marriages lead to adolescent pregnancy which can have an adverse impact on the health of pregnant girls as early pregnancy increases the risk of pregnancy complications such as hypertension, fistula and maternal death. Early pregnancy can also cause post-partum complications and further contribute to maternal and child deaths.
The Muluki Civil (Code) Act, 2074 (2017) in the chapter on marriage states that both parties must be 20 years of age for legally getting married. Any person involved in formalising child marriage is punishable by law, with greater severity in sentencing and fines the younger the child.
Menstrual is a biological process that occurs in people with a uterus (female) however, in Nepali society, menstruation is attached to various menstrual restrictions which limit a woman’s freedom and agency. The menstrual restrictions range from restrictions to household chores to stringent as Chhaupadi.
Predominantly existent in far-western Nepal, menstruating women and girls are forced to take temporary shelter in livestock sheds which exposes them to unhygienic and unsafe environments. “Chhaupadi” is made up of two words: “Chhau” which means menstruation and “padi” meaning women. Additionally, adolescent girls menstruating for the first time are expected to stay in the shed for a minimum of 14 days. Although Chhaupadi was banned in 2005 by the Apex Court of Nepal, it still continues to persist in communities.
However, progress is being made and communities are now realising the harmful effects of Chhaupadi.
Dowry is payment made by the bride’s family to the groom or groom’s family as part of marriage in the form of money, vehicles, land, gold, furniture, etc. Dowry is critically linked to domestic violence and is a key driver of child marriage. Dowry though has been criminalized is very much prevalent in Nepali communities. In communities with extensive dowry practices, younger girls are deemed to require lesser dowry which enables families to opt for child marriages. When girls are married as a child, they have less agency, autonomy, education and access to resources. The impact of dowry has been immense as dowry perpetuated physical and psychological abuse and violence has been experienced by women and young girls. Young girls and women have been subject to violence if the demands of dowry from the groom’s family are not met. The Penal Code (Act), 2017, criminalises dowry with a jail sentence of three years and a 30,000 rupees fine for taking dowry.
Gender-based violence is violence targeted against a person because of his or her gender or sex.
Violence against women and girls is gender-based violence faced by women and girls where they suffer emotional, physical, sexual or mental harm including threats of such acts, coercion or deprivation of freedom either from public or private life.
Consent is an agreement between participants to engage in sexual activity or enter into marriage. No means No. Yes means Yes. It must be freely and actively given and cannot be provided by someone who is under the influence of drugs or alcohol or by someone underage. Consent is specific, meaning that consent to one act does not imply consent to any others, and reversible, meaning that it may be revoked at any time.
Domestic violence is any physical, sexual, emotional, psychological, verbal, and economic violence between one person and another within the family. According to the national statistics, it is found that women are more affected by domestic violence.
Yes, there is the Domestic Violence (Offence and Punishment) Act, 2066 (2009) in Nepal.
Link: https://www.lawcommission.gov.np/en/wp-content/uploads/2018/10/domestic-violence-crime-and-punishment-act-2066-2009.pdf
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
Link: https://www.un.org/womenwatch/daw/cedaw/
A helpline 1145 service can be used 24 hours a day, 7 days a week. This service is free of charge through telephone or mobile and maintains confidentiality.
In case of violence in Nepal, you can go to the nearest police office, One Stop Crisis Management Centres (OCMC) located in the district hospital, the judicial committee of your municipality or rural municipality, and a safe house.
