Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 2, Issue 1, April 2013
Articles

An Analysis on Domestic Violence (Offence and Punishment) Act of Nepal, 2009

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  • Ankita K. C.
Ankita K. C.
Student, Kathmandu School of Law
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Published 2013-04-30

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How to Cite

K. C., A. . (2013). An Analysis on Domestic Violence (Offence and Punishment) Act of Nepal, 2009. Kathmandu School of Law Review, 2(1), 159–170. Retrieved from https://kslreview.org/index.php/kslr/article/view/1021

Abstract

Women have always been an object of gross and severe violence at the hands of man. The biological weakness of a woman makes her an easy prey to all and sundry. She often is a victim of physical and mental violence not only outside her home but also inside it. Every society accepting the importance of equality of sexes has therefore, made affirmative provisions against gender discrimination. However, in spite of the enactment of these kinds of provisions, equality between men and women continues to be an elusive goal. Hence, women are deprived of basic freedom and thereby are easily exposed to exploitation. This has led violence against women to be a global phenomenon. Violence against women has been gradually recognized to be an important aspect of human rights violation of women. The author this article tries to highlight the concept of violence against women, analyzing the legislative tools available dealing with the violence against women. The author compares the domestic laws dealing on the violence against women with the international tools and draws the attention on the lacunas of domestic laws. The author also recommends what need to be done in future to address the aspect of violence against women in an effective way.

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References

  1. Navneet Kumar Misra & Neha Bakshi, ‘Unite to End Violence Against Women’ < http://www.slideshare.net/helloindia05/violence-against-women-research-paper> accessed 4 November 2012.
  2. ‘Dowry System in India’ <http://www.speakingtree.in/spiritual-blogs/seekers/faith-and-rituals/dowrysystemin-indian-society&sort=new> accessed 28 April 2013.
  3. M.D.A., Freeman Lloyd's Introduction to Jurisprudence, (6th edn, Sweet & Maxwell 1994) 1029.
  4. Catherine A. Makinnon, Sex Equality (Foundation Press 2001) 155.
  5. Bradwell v State 83 US 16 130 (1872).
  6. Cosntannce Frsiby Fain, ‘Conjugal Violence: Legal and Pyscho Sociological Remedies’ (1981) Syracuse Law 497.
  7. Catherine A. Mackinnon, Sex Equality (Foundation Press 2001) 724.
  8. ‘Dictionary Meaning of Violence’ <http://dictionary.reference.com/browse/violence> accessed 23 December 2012.
  9. Bryan A. Garner, Black’s Law Dictionary (West Publishing Co 1997) 1564.
  10. UNICEF, ‘Domestic Violence against Women and Girls’(2002) 6 Innocenti Digest, 2.
  11. Radhika Coomaraswamy, Special Rapporteur on Violence against Women, Combating Domestic Violence <http://www1.umn.edu/humanrts/commission/thematic52/53-wom.htm> accessed 29 April 2013.
  12. Committee on the Elimination of Violence Against Women, Eleventh Session, General Recommendation 19 GOAR 47 Session Supplement No. 38, UN Doc A/47/38.
  13. Veláquez Rodríguez Case (Honduras), C(4) Inter American Court of Human Rights (1988) para 174.
  14. Ibid para 167.
  15. Report of the Special Rapporteur on violence against women, its causes and consequences (1996), A Framework on Model Legislation E/CN.4/1996/53/Add.2; See also UN Special Rapporteur on Violence against Women, Fifteen Years of the United Nations Special Rapporteur on Violence against Women (2009) <
  16. http://www2.ohchr.org/english/issues/women/rapporteur/docs/15YearReviewofVAWMandate.pdf> accessed 29 April 2013.
  17. ‘United Periodic Report Nepal’ (2010) accessed 5 December 2012.
  18. The report prepared by Nepal Police Women and Children Service Centre shows that around 6,000 complaints were filed in Domestic Violence within the period of FY 2055/56 to 2063/64 in which victims were women and asked for justice. The Annapurna Post (Nepal 2 August 2008).
  19. Domestic Violence (Offence and Punishment) Act 2009, preamble.
  20. 'Physical Harm means an act of committing or causing bodily harm or injury, holding as captive, inflicting physical pain or any other act connected therewith and incidental there to except the act of breaking the limbs of the body.
  21. Mental harm means any act of threatening the victim of physical torture, showing terror reprimanding him/her, accusing him/her of false blame, forcefully evicting him/her from the house or otherwise causing injury or harm to the victim emotionally and this expression also includes any discrimination carried out on the basis of thought, religion or culture and customs and traditions.
  22. Sexual harm means sexual misbehavior, humiliation, discouragement, or harm in self respect of any person; or any other act that hampers safe sexual health 23 Economic harm' means deprivation from using jointly or privately owned property or deprivation of or access to employment opportunities, economic resources or means.
  23. Domestic Violence (Offence and Punishment) Act 2009 s 3.
  24. The Convention in Article 1 defines discrimination against women. The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Genderbased violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence.
  25. Domestic Violence (Offence and punishment) Act 2009 s 4(1).
  26. Ibid s 4(3).
  27. Ibid s 6.
  28. Ibid s 4(8).
  29. Ibid s 7.
  30. Ibid s 8.
  31. Ibid s 10.
  32. Ibid s 14.
  33. Ibid s 13(3).
  34. Ibid s 13(4).
  35. Ibid s 2(a).
  36. Ibid s 5.