Domestic violence encompasses behaviors used in a relationship by one party, especially to control the other. The people involved can be married or not, be of the same sex or not, live together, separated, or dating. We can all be victims of domestic violence. Victims can be rich or poor, of any age, sex, religion, culture, ethnic group, sexual orientation, education, or marital status. The person commits the crime of domestic violence when he inflicts physical or psychological abuse, once or several times, on a spouse or ex-spouse. The person commits the crime of domestic violence who inflicts physical or psychological abuse, once or several times, on a person who is particularly defenseless due to age, disability, illness, pregnancy, or economic dependence.
In Nepal, most of the cases of domestic violence are practiced against women, in the different forms that are present today. domestic violence can occur in the family environment because of the cultural habits based on patriarchal discourses. In these contexts, of cultural practices and habits built over the countless changes of generations, the social condition of women has always been one of submission and subjugation to men. Many forms of domestic violence against women are a consequence of the lack of understanding of the current female condition, which bears the same rights conferred on men.
However, it doesn’t mean that husband doesn’t suffer from domestic violence. He can also suffer from domestic violence by the hands of his wife or, by the hands of his wife brother and male relative. Section 2 Ka of domestic violence Prevention and control Act 2009 has interpreted domestic violence as physical, psychological, sexual, or economic torture caused by one person to another person.
Who can complain against the domestic violence in Nepal?
The domestic relationship means the relationship that existed between the family members within the home. And the member of the joint family, persons living under the same roof as a member of the family, dependant or the laborer. According to the Domestic Act of Nepal, the following members can complain in the event of domestic violence:
- Father, mother, daughter, daughter in law, mother in law and father in law
- Adopted son and adopted daughter.
- The persons residing with the same family as a worker.
In domestic violence, there must be two people involved who have or have had an intimate relationship. domestic violence can be in any form such as coercion, assault, punishment, intimidation, or revenge in between the intimate relationship.
Types of domestic violence in Nepal
The kinds of abuse covered under the domestic violence Prevention and Control Act 2009 of Nepal are:
- Physical abuse
Physical abuse means an act of causing bodily harm or physical injury. Such abuse can cause temporary or permanent disability to the person on which physical abuse has been conducted. Such abuse can be in any form such as keeping the victim in captivity, causing physical pain, mutilation, or the breaking of body parts such as hands and feet. Physical abuse can be in the form of battery and assault as well.
- Mental abuse
Mental Abuse is a hostile attack on the victim’s thinking, psyche, perception, and being. The longer you are exposed to this violence, the greater the self-doubt arises in the mind of the victim. The person can cause mental abuse in the victim through messages ad behavior that can lead to the victim’s doubts about their own perception and their own minds. It is part of the partner’s strategy to persuade the victim that the trouble and stress are due to him or her. the relationship is in trouble because of the victim. Physical violence is clear, psychological, and mental violence is not, nobody sees the injuries.
Most commonly the women are the ones who suffer from mental abuse. Only a few women are insulted by their partner in public and devalued, trashed, or bullied in front of witnesses. The partner realizes too late that she is a victim of domestic violence. It usually takes years for those affected to understand that much of their suffering is caused by the hostile behavior of people who claim to love them.
- Sexual abuse
The term sexual abuse is used widely to categorize acts of sexual violation in which there is no consent from the other party. This type of violence includes any practice with sexual content that is forced, such as attempted rape, unwanted caresses, and forced oral sex. Sexual abuse can be in the form of sexual misbehavior, humiliation, or any other act that hampers safe sexual health.
- Economic Abuse
Economic abuse can take various forms. Often the victim is not even aware of it and only realizes it when they are at a point where it seems impossible to end the relationship. Economic abuse is the exploitation of income and time. Sometimes you are forced to transfer your own wages to the partner’s account, but sometimes you are prevented from working or going to university. Financial abuse can also be seen in the fact that one is financially monitored, one is denied access to one’s own money or the partner spends the money of the person concerned. It is the deprivation of one partner from enjoying jointly or privately owned property or deprivation of or access to employment opportunities, economic resources, or means.
Can the husband file the case of domestic violence in Nepal?
In accordance with the domestic violence Prevention and control Act 2009, if the close relative causes physical, mental, sexual, or economic violence, then it is called domestic violence. If the wife physically assaults the husband and evict from the home then the husband can file litigation of domestic violence against the wife and can file for divorce.
Where should the case be filed if there has been an act of domestic violence?
If you as husband or wife is suffering from such domestic violence as mentioned above, then it is your right to complain against the person who is causing you the domestic violence. You as the victim can complain against the domestic violence in the following orifices:
- The nearby police office
- The National Women Commission
- Municipality or ward office or the local bodies.
- District Court
What is the procedure of complaining against domestic violence?
If you want to file a complaint against the domestic violence, then you have to follow the procedures listed below:
- Filing case verbally or in writing
If you are suffering from domestic violence, then you can go to the nearest police station or municipality and can file a complaint either orally or in written form. Once your complaint is filed, then the police will write the application and make you sign the application of complaint along with wit your thumb impression.
In case of a severe act of domestic violence, such as an acid attack, physical assault, burning, griding, sexual assault, etc that has caused the physical and mental injuries, and disability. Then police will file the FIR against the person who has committed domestic violence.
- Call the person who has committed domestic violence to be present
Once your complaint has been filed in the police station, then the person who has committed domestic violence is called in the police station to be present. If the person doesn’t come to the police station, then he will be arrested.
- Treatment of victim
If the victim has been severely injured due to domestic violence, then the victim will be taken to the nearby hospital or medical center for instant treatment. If the victim is mentally injured, then he will be consulted by the psychologist for mental and emotional healing.
- Effort for compromise
the police or the ward office will try its best for the victim and the perpetrator of the domestic violence to compromise and reconcile. Most of the domestic violence happens between husband and wife or between the nearest relatives. Because it is the family matter, therefore police and legal authorities make an effort for the victim and perpetrator to compromise. So that the family matter gets resolved then and there and the matter doesn’t go to the court.
- Sending to the court
If all the means of compromise and reconciliation have been exhausted, then the case will be filed in the respective district court. The police will collect all the evidences of domestic violence and will present it in the district court.
- An interim protection order shall be issued
the court will issue the interim protection order to the victim and will provide alternative accommodation to the victim. Such an order is issued when the victim still feels the threat of domestic violence against him or her by the perpetrator. The purpose of issuing this order is to provide protection to the victim and prevent the perpetrator from causing more physical and mental damage to the victim.
- Provide the compensation
If the victim has suffered physically and mentally from the act of domestic violence, such that the victim is needed to be treated in the hospital. Then the expense of the treatment is borne by the perpetrator of the domestic violence. He will not only bear the expenses of treatment but he will also have to bear the expenses of full rehabilitation of the victim. Si that the victim can resume his or her normal life again. The court will take into consideration all the factors such as the financial status of the victim and the perpetrator of domestic violence and then will decide the amount of compensation.
the offender of the domestic violence not only has to bear the medical expenses toward the victim but after sufficient evidence, if his guilt is established in the court. Then the offender will also be punished. He will have to pay the fine ranging from 3000 to 25000rs. Or he may have to face the jail sentence of two months. Or he may have to pay the fine as well as face the jail sentence.
Not only the offender of domestic violence, but the person or persons who have assisted him in causing the domestic violence will also be punished. It doesn’t matter if the person has just incited for domestic violence or actively participated in the act. He will face half of the punishment that has been given to the main or the principal offender of domestic violence.
Domestic violence charges are a serious offense. If you are the victim of domestic violence, then don’t hesitate to contact Divorce Nepal as we will fight for you. So that you will get the right justice. Sometimes, it so happens that people may accuse you wrongly for the domestic violence. there are such people who will not hesitate to misuse the legal provisions of domestic violence for their own advantage. If you are being accused of committing domestic violence, Divorce Nepal lawyer can provide aggressive representation to your defense. Call (+977) 9851212946 to learn more about your legal rights and options.