Victoria Billings, an US journalist and author quoted “rape is culturally forestered means of suppressing women. Legally we say we deplore it, but mythically we romanticize and perpetuate it and privately we excuse and overlook it.” Yes, Billings’ words are true in the context of Nepal where patriarchy is highly dominant and females are taken as ‘others’ of the society. Physically and mentally, females are tortured day by day inside the four corners of the house, in the streets, public vehicles, educational institutions and so on. Being the head of the family, they are compelled to live a miserable life. Most of the females, still today, have to tolerate the sexual assault to adjust them in the society where they are considered a burden.
Rape is a criminal activity but lack of
access to justice-socially and legally-to the victims have compounded the
situation. Most of the victims of sexual assault are females from poor families
and rural areas. In most of the cases, they are forced to remain silent though
the use of threat and intimidation. They also feared to inform the police,
thinking that such incidents will bring social disgrace. If we overlook few
incidents of sexual assault taken place in our country, we’ll find the very
situation.
According to the news published in Republica on 11th of August
2013, a nine-year-old Chepang girl from Bhulmichowk village of Gorkha was raped
by a local youth. Four days after the rape, grandmother noticed injuries in the
girl’s genital. When grandmother sought neighbour’s support, everyone suggested
her to remain silent but she made an attempt and informed her father, who
finally reported the incident to the police. In next case, an 18-year-old girl
was gang-raped in a parked bus at Nepalgunj-5, in Banke on 6th of
August 2014. According to the description of police, the victim boarded the bus
from Rukum to Shamshergunj to visit her maternal family members. When the girl
tried to get off at her destination area, transport worker seized her mobile
and belongings and made her to go with them. After all passengers got out of
the bus, transport worker raped her repeatedly at Bus Park in Nepalgunj.
These are the few examples of rape where
females have to suffer from physical and mental traumatic situations. Women ‘s
Rehabilitation Center (WOREC) recorded 256 cases of rape, 42 cases of attempt
to rape and 55 cases of sexual violence between April 2012-13. This data also
shows that the females, who are taken as the incarnation of Goddess Durga and
Saraswati, themselves, are not secure inside the homeland.
The loopholes of Nepalese Criminal
justice system allow most of the culprits of gender crime to escape from the
punishment. Though the legislation on sexual assault exists in Nepal, the law
doesn’t sufficiently address the crime. Also, the provision for filing the case
is very impractical. According to the present law, if a person rapes a girl
child less than 10 years is 10 to 15 years of custody, 14 to 16 years is 8 to
12 years of custody, 16 to 20 years is 5 to 8 years of custody and the
provision of punishment for raping a woman above 20 years age is 5 to 7 years
custody. Although, this is not explicit, these provisions accept rape against
women above 20 more acceptable and less punishable. Similarly, 35 days
limitation for filing the First Information Report (FIR) is infringing on
women’s right to get justice.
- zealsubedi@yahoo.com
