Abstract
In some countries, domestic violence is often seen as justified, particularly in case of actual or suspected infidelity on the part of the women, and is legally permitted. Research has established that there exists a direct and significant correlation between a country’s levels of gender equality and rates of domestic violence, where countries with less gender equality experience higher rates of domestic violence. Domestic violence is among the most underreported crimes worldwide for both men and women.
Domestic violence:
- Domestic abuse
- Family violence
It takes a number of forms, including physical, verbal, emotional, economic, religious, reproductive, and sexual abuse.
In Nepal:-
Madhesi women face domestic violence from various sources. Violence against women is practiced in Nepali society on the basis of discriminatory social culture, economic, religious and political traditions and beliefs. Social exclusion of Madhesi women poor, education, unemployment, low exposure, less autonomy in decision making, week implementation of legal system, etc.
Domestic violence often happens in the context of forced or child marriage. Health care, marital rape, reproductive victims of domestic violent situations through isolation, power and control, traumatic bonding to the abuser, culture acceptance, lack of financial resource, fear, shame or to protect children.
There are two major factors of domestic violence:-
Of the most important factors in domestic violence is a belief that abuse, whether physical or verbal, is acceptance. Other factors include substance, abuse, unemployment, mental health problem, lack of coping skills, isolation and excessive dependence on the abuser. Like, substance abuse:- domestic violence typically co-course with alcohol abuse. Alcohol use has been reported as a factor by two-thirds of domestic abuse victims.
Problems:-
Domestic violence is in the Kathmandu valley and affects married women between 26 and 40 years the most. Upper cast groups (4490) are affected the most. All married women in Nepal had experience some kind of physical, emotional and sexual violence from their husbands.
In 2017, a total of 12,225 cases of domestic violence were registered with the Nepal police.
The National Women Commission’s 24/7 toll-free helpline number ‘1145’ and online cases management system received 47,968 calls from November 2017 to August 2018. Officials at the commission say they expect the reporting to more than double next year.
Cases – emotional 36%, sexual 10%, economic 30%, physical 24%.
Physical abuse:- can include hitting, biting, slapping, battering, cutting, punching, pulling hair, burning, cutting, pinching, etc. these problems are clearly seen as Terai Madhes region in Nepal.
Threats to hit, injure or use a weapon are a form of psychological abuse.
Domestic violence Act 2067: Sce.17:- To conduct awareness programs.
The ministry, any other government body or non- governmental organization may conduct or cause to conduct awareness program against domestic violence.
Sec 219(4) Marital rape (punishment):- 5 years imprisonment.
Domestic violence (punishment):- 6-month imprisonment or 3 thousand rupees up to 25 thousand rupees or both.
Child marriage (punishment) sec 173(3):- 3 years imprisonment or 30 thousand rupees fine.
Many legal provisions have been published against domestic violence but provision and policies are not implemented effectively due to week governance. Legally domestic violence is banned in Nepal but still takes pale in Nepal; mostly in Terai Madhes region. Many daughter-in-law and wives are physically and mentally tortured.
Violence against women and girls takes several forms. Included domestic violence, rape, trafficking in women and girls forced in prostitution violence, female, infanticide and feticide, female genital multination and other traditional harmful practices (UNICE-2001).
Kathmandu; Two hundred and twenty-nine cases of domestic violence have been registered with the national women commission (NWC) in the first quarter of the fiscal year 2076/77 BS.
Together we can break the silence and bring a voice to domestic violence.
Reema kumari shah
BA.LL.B(4th year)
Chakrabarti HABI education academy (college of law)
