Children Victims of The Justice System in Nepal with Reference to The Applicability of Forensic Psychology
Laxmi Bakhadyo
Published 2021-03-30
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Abstract
The motto of the justice system is to provide justice to victims. A question frequently raised is whether it is ‘criminal justice system’ or ‘victim justice system’. While it was supposed to be justice system in totality, children victims of sexual abuse were found to be victimized when they encountered the justice mechanism in Nepal. It was found that the ratio of children being victimized by acquaintances is significant. Similarly, data reveals that the number of female victims is much higher than male victims. Children victims of sexual violence are prone to psychological problems, and they might suffer from such problems in their adulthood as well. Justice system and court proceedings in Nepal are focused on perpetrators and their rights whereas victims are treated a means to collect evidence and prove offense. Child victims of sexual abuse are to be treated with special care and the person questioning him/her ought to be aware of their psychological state. In practice however, this has not been followed. Giving compensation to victim has been regarded as being equivalent to justice. Application of psychology is very rare in the investigation process and in the judicial system; with regards to victims, it is almost equal to null. The overall practice is focused on crime, criminals and conviction rather than on victims and their justice.
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References
2 Laxmi Bakhadyo, ‘Analytical Study of Juvenile Justice System: with reference to Children victims victimized by juvenile delinquents’, Master’s Thesis, Purbanchal University.
3 David Finkelhor, ‘The Victimization of Children and Youth, Developmental Victimology’, in R.C. Davis, A.J. Lurigio & W.G. Skogan (eds), Victims of Crime, Sage Publication, United States of America Second Edition, 1997, p.86.
4 Ibid, p.87; This is clearly true for teenagers. According to National Crime Survey (NCVC), the overall violent crime victimization rate for youth aged 12-17 in 1992 was 2.3 times higher than the average national rate. It was three times higher for rape, two times for robbery, more than two times higher for aggravated assault, and three times higher for simple assault.
5 Ibid, p.104, para. 5.
6 ‘Violence Against Children In Nepal, “No more suffering”, Child Sexual Abuse in Nepal: Children’s Perspectives With Reference To Study In Four Districts’, UNICEF, 2005, p. 27, available at https://un.info.np/Net/NeoDocs/View/7965, accessed on 1 June 2018.
7 Maria Zegarra, ‘The Role of Forensic Psychology in Criminal Justice’, Florida National University, 14 January 2020, available at https://www.fnu.edu/role-forensic-psychology-criminal-justice, accessed on 26 January 2022.
8 ‘Mapping of Psychological support for Girls and Boys affected by sexual abuse in four countries in South and Central Asia, Afganistan, Bangladesh, Nepal, and Pakistan’, Save the Children, Sweden, 2003.
9 Anita Shrestha, ‘Male victims of child sexual exploitations overlooked’, The Himalayan Times, Kathmandu, 19 May 2017.
10 Ibid.
11 Themeli (n 1).
12 Ibid.
13 Ibid.
14 Shree Ram Bajagain et al., Nepal Human Rights Yearbook 2021,’ Informal Sector Service Centre (INSEC), 2021, Kathmandu, p. 22.
15 Ibid.
16 Gyanendra Kumar Shrestha, ‘State of Children in Nepal 2019’,National Child Right Council, 2019, Lalitpur.
17 Gyanendra Kumar Shrestha, ‘State of Children in Nepal 2020’, National Child Right Council, 2020, Lalitpur, p. 46.
18 Lenore E.A Walker & Daivd L. Shapiro, Introduction to Forensic Psychology Clinical and Social Psychological Perspective, Springer Science+ Business Media LLC, Germany, 2003, p.3.
19 Ibid.
20 Sandie Taylor, Forensic Psychology The Basics, Routledge Taylor & Francis Group, London, 2015, p.2.
21 Ibid.
22 ‘Forensic Psychology’, OpenEd CUNY, available at https://learn.saylor.org/pluginfile.php/40708/mod_resource/content/1/OpenStax-Psychology.pdf , accessed on 18 Jan 2018.
23 Ibid.
24 ‘What is Forensic Psychology?’, The Three Seas, available at https://thethreeseas.com.au/forensic-psychology/ , accessed on 20 Jan 2020.
25 Shanker Kumar Shrestha, A step towards Victim Justice System: Nepalese Perspective, Pairavi Prakashan, Kathmandu, 2001.
26 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 29 November 1985, UNGA 40/34, Principle 1.
27 Ram Auja, Criminology, Rawat Publication, 2011, p. 386.
28 Ibid, p. 387.
29 Finkelhor (n 3), p.88.
30 Ibid.
31 Ibid, p.104, para.5.
32 UN Guidelines on Justice in matters involving Child Victims and Witnesses of Crime, UNEcoSoC Res E/RES/2005/20, 22 July 2005, art. 9(a).
33 Ibid, art. 8.
34 Counseling psychologist associated with SATHI Sanstha.
35 Clinical psychologist.
36 Time limitation for cases varies and victim come to file cases as per it. But yet, first point to file case against perpetrator is police.
37 One Stop Crisis Management Center (OCMC) is a facility for medical test, psychological assessment and also resource mapping of legal aid service.
38 Manager of Safe House of Kavre.
39 The counselors from NGOs were found more aware about tools of counseling than those in government based safe house.
40 119 cases in Bhaktapur District court, 127 cases in Lalitpur District court and 231 cases in Kathmandu District court.
41 It is not an accurate number since the researcher could not gain access to the data from the courts. So the researcher collected cases with case number and decision date from the courts and searched it in website of Supreme Court. But the number of cases were not uploaded, hence it is an average number only.