Book Description

Nepal, a country emerging from armed conflict and with a strong base of patriarchy and feudalism at its roots, has institutionalized the norm of violence as portrayed in social values, political criminalisation and impunity. The practice of routinely subjecting women to various forms of violence from the womb to the grave is pervasive. Socially, the sanctity of marriage remains a key structure through which the liberty of women is hampered. Thus, the inter-linkages of women’s chastity with their sexuality wherein any breaches are considered to be contaminating norms have contributed to situate rape as the crime shrouded in secrecy, giving rise to a pervasive and prevalent culture of silence among the survivors. Rape is a heinous human rights violation that infringes upon the sexual autonomy and integrity of an individual. Nepal committed herself to uphold the international human rights norms as stipulated in the Convention on the Elimination of all forms of Discrimination against Women (CEDAW); Convention on the Rights of the Child; International Covenant of Civil and Political Rights (ICCPR); International Covenant on Economic, Social and Cultural Rights (ICESCR); as a State party to international law. In addition, with the UNSCR 1325 and 1820 which are clear on promoting women’s participation and working towards combating sexual violence, it is mandatory for the Government of Nepal to put in place mechanisms to actualize its commitment to women’s rights. It is within this mandate that WOREC-Nepal and Isis-WICCE set out to examine the extent to which survivors of rape and sexual violence access justice and the efficacy of response mechanisms, in an effort to inform and draw the attention of decision and policy makers, activists, development workers, legal practitioners, and academic practitioners, to this critical development concern. Based on 55 in-depth interviews with survivors, 114 key informant interviews, 33 focus group discussions as primary sources; and media review (MR) of 201 cases and analysis of 723 documented cases WOREC xvii by organizations (OR) as secondary sources, the research team covered the 10 districts of Morang, Dhanusha, Kailali, Udayapur, Kavrepalanchowk, Kathmandu, Baglung, Dailekh, Dolakha and Darchula. Major findings i) Prevalence and magnitude of rape The findings show that the reporting and documentation of rape cases is still very marginal. An average of 443 cases in a year1reflects a high prevalence of rape if systems are conducive for survivors to report. The analysis further indicates that rape is a deeply entrenched national problem that transcends class, caste, ethnicity, age, economic, educational, geographical and religious status. From the regional perspective, Terai/Madhes was rated at (46.5% -MR and 45.1% -OR); and Jhapa (43-OR) district as having the highest rate of rape. According to the media review, the most affected group was in Hill Janjati (39.3%); and as per organizations’ documentation review, Brahmin/Chhetri and Hill Dalit (24.5% for each) followed by Hill Janjati (23%). The groups of minors (62.8%-OR, 63.6%-MR and 65.9%-police), students (67.9% -MR and 62.5%-OR) and unmarried women (79.4%-MR and 88.3%- OR) were the most vulnerable and affected. Though it is a fact that rape within marriage exists, it remains a taboo subject which is kept well hidden and institutionalized within the family structure. It was therefore difficult to identify and document marital rape related cases.