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Violence against Women Year Book
"Anbeshi"
Status and Dimension of Violence
against Women, Reality Revealed
2010
WOREC
Bal...
Violence against Women Year Book
"Anbeshi"
Status and Dimension of Violence
against Women, Reality Revealed
A year book on...
Violence against Women Year Book
ANBESHI 2010
Table of Contents
Acronyms
Foreword……………………………………………………………….
Acknowledgement...
Violence against Women Year Book
4.4 . Murder 33
4.5. Sexual Abuse 34
4.6. Trafficking 36
CHAPTER 5 38
Age of Survivors 38...
Violence against Women Year Book
8.2. Agriculture occupation and types of VAW 61
8.3. Household work and types of VAW 62
8...
Violence against Women Year Book
List of Tables:
Table 2: Type of Violence * Survivor’s relationship with perpetrator Cros...
Violence against Women Year Book
Chart 6.4. Types of violence reported by Survivors with Primary Education
Chart 6.5. Type...
Violence against Women Year Book
Chart 10.6. Violence among Terai non-Dalits
Chart 10.7. Violence among Marginalized Group...
Violence against Women Year Book
FOREWORD
That violence against women is widely prevalent in Nepal is well known. However,...
Violence against Women Year Book
ACKNOWLEDGEMENTS
Violence against Women (VAW) is an ages old social problem that has only...
Violence against Women Year Book
I would also like to thank Laxmi Murthy for the hard work despite her busy schedule
that ...
1
Violence against Women Year Book
EXECUTIVE SUMMARY
Violence against Women is, disturbingly, a growing trend in
Nepal . I...
Violence against Women Year Book
2
continued collecting data and statistics on VAW. This has
given it visibility and also ...
3
Violence against Women Year Book
 Rape accounts for the next highest category of VAW. A
total of 150 cases (9.5%) were ...
Violence against Women Year Book
4
2. Age Groups and VAW
 VAW does not appear to leave any age group
untouched. VAW appea...
5
Violence against Women Year Book
with some education appear to be reporting higher
levels of VAW than illiterate women
...
Violence against Women Year Book
6
groups. Sexual abuse, trafficking is also higher among
unmarried
4. Occupation and VAW
...
7
Violence against Women Year Book
reported cases, followed by hill Janjati (17%) (266 of
1594 cases), terai non dalit(16%...
Violence against Women Year Book
8
understand what each woman define as peace in their
specificity. The need is to challen...
9
Violence against Women Year Book
women survivors of VAW, should be available and
accessible.
 Preventive measures, incl...
Violence against Women Year Book
10
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Violence against Women Year Book
20
CHAPTER I
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Violence against Women Year Book
REVISITING ANBESHI'S HISTORY
The publication of ‘Anbeshi' was a significant milestone ...
Violence against Women Year Book
22
It has not been long since WOREC Nepal started
documenting cases of violence against w...
23
Violence against Women Year Book
The present issue of Anbeshi will also examine women's
resistance strategies, empowerm...
Violence against Women Year Book
24
CHAPTER II
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Violence against Women Year Book
VIOLENCE AGAINST WOMEN
2.1 Introduction
Violence is a phenomenon that varies in its pr...
Violence against Women Year Book
26
rights agenda a universal theme to critique and transform
traditional human rights pra...
27
Violence against Women Year Book
“Violence can start at any corner in the direct-structural-
cultural triangle and is e...
Violence against Women Year Book
28
Structural violence is an indirect as Galtung states, and is
“built into structures an...
29
Violence against Women Year Book
in to create a system of oppression that reflects the
intersections of multiple forms ...
Violence against Women Year Book
30
disenfranchised who have no resources through which to
operationalize and exercise the...
31
Violence against Women Year Book
coerced marriage, maltreatment from one's own family, in-
laws or husband, and lack of...
Violence against Women Year Book
32
by the United Nations in 1979 and after its ratification by
member countries, VAW drew...
33
Violence against Women Year Book
to be free from violence and sets out the responsibilities of
individual governments t...
Violence against Women Year Book
34
2. 6. VAW in Nepal
Violence against Women is, disturbingly, a growing trend in
Nepal. ...
35
Violence against Women Year Book
develop the obligation to prevent VAW by addressing its root
causes. The State should ...
Violence against Women Year Book
36
CHAPTER III
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Violence against Women Year Book
VAW DATA ANALYSIS AND FINDINGS
It appears to be socially more acceptable to expose the...
Violence against Women Year Book
38
As highlighted by Renu Rajbhandari in Anbeshi, 2008, before
exploring the ‘possibiliti...
39
Violence against Women Year Book
home is spread and connected to violence permeating to the
street, community, country,...
Violence against Women Year Book
40
for 68%, followed by Mid-western and Central Development
Region with 11% each. (Chart ...
41
Violence against Women Year Book
has contributed many past prime ministers and is also
industrially very significant pa...
Violence against Women Year Book
42
Political leaders during the time were mostly feudal lords as
well, and did not even a...
43
Violence against Women Year Book
this region since centuries and the present impact of war has
further exacerbated thei...
Violence against Women Year Book
44
who were treated as equals in the army are now facing
rejection from their communities...
45
Violence against Women Year Book
violence are often committed by a group of individuals acting
collectively and sharing...
Violence against Women Year Book
46
(Martin, 1995). Beyond the contextual and structural factors
influencing violence agai...
47
Violence against Women Year Book
Chart 3.2. : Types of Violence
Refer to Annex: 1.3. Types of Violence ,for the explana...
Violence against Women Year Book
48
Violence is often the response when women resist gender
norms, and often even when the...
49
Violence against Women Year Book
political change(leading women to speak up against injustice);
the degree of stigma re...
Violence against Women Year Book
50
CHAPTER IV
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Violence against Women Year Book
VAW BY TYPE OF PERPETRATORS
4.1 Domestic Violence (DV)
Chart 4.1. Domestic Violence by...
Violence against Women Year Book
52
situations for which they are physically and psychologically
unfit, in situations wher...
53
Violence against Women Year Book
From Violence Within the Home to Trafficking and Sexual
Violence
Nisha comes from a Da...
Violence against Women Year Book
54
4. 2. Social Violence
The second most frequent type of violence is social violence.
A ...
55
Violence against Women Year Book
Chart 4.2 Social Violence by Type of Perpetrators
There is an increasing incidence of ...
Violence against Women Year Book
56
the concern in these instances appears not merely as
economical but also ideological, ...
57
Violence against Women Year Book
4.3. Rape
Rape accounts for the next highest category of VAW. In all,
150 cases (9.5%)...
Violence against Women Year Book
58
research indicate that the greatest risk of rape against women
comes from men they kno...
59
Violence against Women Year Book
While the subject of violence in times of conflict is too broad
to be thoroughly addre...
Violence against Women Year Book
60
to degrade and intimidate, and to destroy communities (Bauer
and Helie, 2006; Chilendi...
61
Violence against Women Year Book
Chart 4.4 . Murder by Type of Perpetrators
Since one form of violence leads to the oth...
Violence against Women Year Book
62
Getting Away with Murder
Murti Devi's husband used to beat her up regularly. He
ultima...
63
Violence against Women Year Book
Chart 4.5. Sexual Abuse by Type of Perpetrator
Limited educational status, restricted ...
Violence against Women Year Book
64
Lone Woman is Easy PreyMina Kumari Rajbanshi (name changed)a
30-year-old woman residin...
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
Anbeshi: Status and Dimension of Violence against Women, Reality Revealed
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Anbeshi: Status and Dimension of Violence against Women, Reality Revealed

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A year book on Violence Against Women 2010
That violence against women is widely prevalent in Nepal is well known. However, it is only in recent years that there has been an attempt to systematically document various forms of violence against women, from domestic violence and rape to social violence and trafficking. WOREC Nepal, through the ground-breaking publication of Anbeshi Reports since 2005, has taken on the onerous responsibility of systematically documenting cases, analyzing the data and making recommendations to policy makers.
Tracing the journey of women’s rights being recognized as human rights, this report continues this vital task, focussing on the complex interactions of the multiple forms of violence that women are vulnerable to. The reports identifies that the age group most affected by violence is women between the ages of 16 and 35 years. This finding spotlights the fact that women in their most productive years are subjected to violence – a situation that has implications not only for the women survivors, but also for the national economy and polity.

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Anbeshi: Status and Dimension of Violence against Women, Reality Revealed

  1. 1. w w w .w orecnepal.org
  2. 2. Violence against Women Year Book "Anbeshi" Status and Dimension of Violence against Women, Reality Revealed 2010 WOREC Balkumari, Lalitpur w w w .w orecnepal.org
  3. 3. Violence against Women Year Book "Anbeshi" Status and Dimension of Violence against Women, Reality Revealed A year book on Violence Against Women 2010 Coordination: Shiba Satyal Banskota Edited by : Laxmi Murthy Publication year: 2010 Layout design: Bindu Gautam Cover page design: Prismark Advertising and Marketing © WOREC Nepal All materials and data published in this book may be used with due acknowledgement This book publication was supported by Danish Embassy Published by: WOREC P.O.Box 13233 Kathmandu Nepal Phone: 977-01-2123124, 5006373, 5006474 Fax: 977-01-5006373 website: www.worecnepal.org w w w .w orecnepal.org
  4. 4. Violence against Women Year Book ANBESHI 2010 Table of Contents Acronyms Foreword………………………………………………………………. Acknowledgements......................................... Executive Summary....................................... CHAPTER I 7 Recalling the history of Anbeshi 7 Objectives of Anbeshi 9 CHAPTER II 9 Violence against women 9 2.1 Introduction 9 2.2 Analyzing types of violence 10 2.3. Gender-based violence 12 2.4. Types of violence against women 13 2.5. VAW and the international scenario 14 2.6. VAW in Nepal 16 CHAPTER III 16 VAW Data analysis and findings 16 3.1. Patterns of violence and prevalence rates 17 3.2. Magnitude of the Problem: 18 3.3. VAW and five development regions 18 3.4. Types of Violence 21 Chapter IV 24 4. 2. Social violence 27 4.3. Rape 30 w w w .w orecnepal.org
  5. 5. Violence against Women Year Book 4.4 . Murder 33 4.5. Sexual Abuse 34 4.6. Trafficking 36 CHAPTER 5 38 Age of Survivors 38 5.1. Age profile 38 5. 2. Below 16 Age group 39 5.3. (16-25) Age group 40 5.4. (26-35) Age group 41 5.5. (36- 45) Age group 41 5.6. Above 45 Age group 42 CHAPTER 6 44 Education and VAW 44 6.1. Educational background of the survivor 44 6.2. Violence against illiterate survivors 47 6.3. Violence reported by literate survivors 47 6.4. Violence reported by survivors with primary education 49 6.5. Violence encountered by survivors with secondary education 49 6.6. VAW survivors with higher secondary education 50 CHAPTER 7 52 Marital Status and VAW Survivors 52 7.1. Marital status of the survivor 52 7.2. Married group 54 7.3. Unmarried group 55 7.4. Separated group 56 7.5. Violence and widows 57 CHAPTER 8 57 8.1. Occupation of the survivor and types of violence 57 w w w .w orecnepal.org
  6. 6. Violence against Women Year Book 8.2. Agriculture occupation and types of VAW 61 8.3. Household work and types of VAW 62 8.4. Labor and VAW 63 8.5. Business and VAW 63 8.6. Social work and types of VAW 64 8.7. No occupation and VAW 65 Chapter 9 66 Impact of VAW 66 9.1. Impact on VAW survivors 66 9.2. Impact of domestic violence 67 9.3. Impact of social violence 68 9.4. Impact of rape on survivors 70 9.5. Impact of sexual abuse on survivors 70 9.6. Impact of trafficking on survivors 71 Chapter 10 75 Ethnicity of survivors 75 Chapter 11 84 Background of perpetrators and support to victims 84 11.3. Sex of Perpetrators 87 Chapter 12 90 Conclusion and Recommedations 90 Annex: 1.1: Model of factors associated with partner abuse Annex: 1.2: Gender empowerment measure across eco-development regions, Nepal, 2006 Annex: 1.3: Types of Violence w w w .w orecnepal.org
  7. 7. Violence against Women Year Book List of Tables: Table 2: Type of Violence * Survivor’s relationship with perpetrator Cross tabulation Table 3: Grouped Type of Violence * Group age of Survivor Cross tabulation Table 4: Grouped Type of Violence * Grouped education of Survivor Cross tabulation Table 5: Grouped Type of Violence * Marital status of Survivor Cross tabulation Table 6: Grouped Type of Violence * Grouped Occupation of Survivor Cross tabulation Table 7: Grouped Type of Violence * Effect on Survivor Cross tabulation Table 8: Grouped Type of Violence * Grouped ethnicity of Survivor Cross tabulation List of Charts: Chart 3. 1. Cases of VAW collected from five Development Regions Chart 3.2. Types of Violence Chart 3.3. VAW According to Perpetrators Chart 4.1. Domestic Violence by Type of Perpetrators Chart 4.2. Social Violence by Type of Perpetrators Chart 4.3. Rape by Type of Perpetrators Chart 4.4. Murder by Type of Perpetrators Chart 4.5. Sexual Abuse by Type of Perpetrators Chart 4.6. Trafficking by Type of Perpetrators Chart 5.1. Distribution of Age of survivors Chart 5.1b. Types of VAW by Age Groups Chart 5.2. Distribution of below 16years VAW Survivors Chart 5.3. Distribution of 16-25 Age Groups VAW Survivors Chart 5.4. Distribution of 26-35 Age Groups VAW Survivors Chart.5.5. Distribution of 36-45 Age Groups VAW Survivors Chart 5.6. Distribution of Above 45 years VAW Survivors Chart 6.1. Education of VAW survivors Chart 6.1.b.Types of VAW and Education Chart 6.2. Types of Violence against Illiterate Groups Chart 6.3. Types of Violence against literate Groups w w w .w orecnepal.org
  8. 8. Violence against Women Year Book Chart 6.4. Types of violence reported by Survivors with Primary Education Chart 6.5. Types of Violence encountered by Survivors with Secondary Education Chart 6.6. Violence Reported by VAW Survivors with Higher Secondary Education Chart 7.1. Marital Status of the survivor Chart 7.1.b.Type of Violence Reported by Marital Status of Survivors Chart 7.2. Types of Violence among Unmarried Group Chart 7.3. Types of Violence among Unmarried Group Chart 7.4. Violence Reported by Separated Survivors Chart 7.5. Violence Reported by Widows Chart 8.1. Occupation of the survivor Chart 8.1.b. Occupational Status and Types of VAW Chart 8.1.c. Types of VAW By Traditional And Modern Occupations Chart 8.2. Agriculture and Types of VAW Chart 8.3. Household Work and Types of VAW Chart 8.4. Labor and Types of VAW Chart 8.5. Business and Types of VAW Chart 8.6. Social Work and Types of VAW Chart 8.7. Doing Nothing and Types of VAW Chart 9.1.a. Different Types of Impacts on VAW Survivors Chart 9.1.b. Impact of VAW on survivors Chart 9.2. Impact of Domestic Violence Chart 9.3. Impact of Social Violence Chart: 9.4. Impact of Domestic Violence on Survivors Chart: 9.5. Impact of Rape on Survivors Chart: 9.6. Impact of Sexual Abuse on Survivors Chart: 9.7. Impact of Trafficking on Survivors Chart 9.5. Health check-up of survivors Chart 10.1. Violence among Brahman survivors: Chart 10.2. Violence among Chhetri survivors: Chart 10.3. Violence among Terai Dalits Chart 10.4. Violence among Hill Dalits Chart 10.5. Violence among Hill Janjati w w w .w orecnepal.org
  9. 9. Violence against Women Year Book Chart 10.6. Violence among Terai non-Dalits Chart 10.7. Violence among Marginalized Group Chart 10.8. Violence among Terai Janjati Chart 11.1. Age of perpetrators Chart 11.2. Ethnicity of perpetrators Chart 11.3. Sex of perpetrators Chart 11.4.Support provided to survivors ACRONYMS VAW Violence against Women WOREC Women’s Rehabilitation Center NGO Non Government Organisation WHRD Women Human Right Defender UNIFEM United Nations Development Fund for Women FIR First Information Report DV Domestic Violence w w w .w orecnepal.org
  10. 10. Violence against Women Year Book FOREWORD That violence against women is widely prevalent in Nepal is well known. However, it is only in recent years that there has been an attempt to systematically document various forms of violence against women, from domestic violence and rape to social violence and trafficking. WOREC Nepal, through the ground-breaking publication of Anbeshi Reports since 2005, has taken on the onerous responsibility of systematically documenting cases, analyzing the data and making recommendations to policy makers. Tracing the journey of women’s rights being recognized as human rights, this report continues this vital task, focussing on the complex interactions of the multiple forms of violence that women are vulnerable to. The reports identifies that the age group most affected by violence is women between the ages of 16 and 35 years. This finding spotlights the fact that women in their most productive years are subjected to violence – a situation that has implications not only for the women survivors, but also for the national economy and polity. As rightly pointed out, oppression in Nepali society based on gender, caste, ethnicity, religion, class, sexual orientation, disability and region, cannot be understood separately. These multiple inequities meld together to forge a complex system of oppression. The report emphasizes the need to understand structurally entrenched violence, including that perpetrated by women. It is only when the systemic context of gender oppression is understood that steps can be taken to eliminate it through specific programs that address the unique needs of each of these groups. In the current political atmosphere of writing a new Constitution and building on the peace dividend, it is important to remember that rights will have meaning only when women, Dalits, ethnic minorities and other disenfranchised sections of society gain access to resources through which their rightful entitlements can be operationalized. Alongside, the culture of impunity identified by this report as one of the major stumbling blocks in seeking reparation must be tackled if there is to be genuine reconciliation. Meaningful peace must include women who can be free from violence and have recourse to justice. Dr. Renu Rajbhandari Chairperson WOREC Nepal i w w w .w orecnepal.org
  11. 11. Violence against Women Year Book ACKNOWLEDGEMENTS Violence against Women (VAW) is an ages old social problem that has only recently been recognized as an evil that must be eradicated. However with all complex social problems, what we see and hear is only the tip of the iceberg. Serious and extensive efforts are needed to unravel all its intricate dimensions. This monograph is one exercise in the efforts to contribute towards a growing understanding of VAW in Nepal. Such an efforts would not have been possible without the help, guidance and cooperation of many individuals and organizations. First of all, I would like to acknowledge the contribution of WOREC’s Chairperson, Dr. Renu Rajbhandari for providing support and guidance throughout each step in the preparation of this book. Her insights, encouragement and suggestions have been invaluable in bringing together coherently all the different loose ends in this exercise.HerrichexperienceandknowledgeofwomenissuesinNepalandespecially VAW has provided me with much valuable insights .I am truly grateful to her for giving me this opportunity to be associated with ANBESHI. I would like to express my deepest gratitude to Rupa Shrestha who was involved in the process of documentation and compilation of all the data. It is no easy task to systematically organize the vast amount of field inputs that have been made available by different VAW affected women from all over Nepal. ii w w w .w orecnepal.org
  12. 12. Violence against Women Year Book I would also like to thank Laxmi Murthy for the hard work despite her busy schedule that she has put in editing this book. My Family has supported me throughout this work and I am grateful to all of them for their understanding, cooperation and sacrifice. Last but not least, on behalf of ANBESHI I would like to sincerely thank all the women who have volunteered their time and shared their most painful stories so that society would undertake appropriate measures and prevent other women from such traumatic experiences. Truly they are the heroes of ANBESHI. I am indeed grateful to all of them for their support. Shiba Satyal Banskota iii w w w .w orecnepal.org
  13. 13. 1 Violence against Women Year Book EXECUTIVE SUMMARY Violence against Women is, disturbingly, a growing trend in Nepal . It encompasses an wide array of abuses targeted at women and girls over their life course. The scope and extent of violence against women are a reflection of the degree and persistence of discrimination that women continue to face. The sad part of all this is that the social mindset does not consider it wrong or serious enough to warrant actions against perpetrators. Ironically the victims often face massive pressure to quietly suffer and accept such assault, indignities and damage to their bodies, minds and spirits. The report presents compelling evidence that violence against women is severe and pervasive in Nepal and calls for its recognition as high priority issues at the local, national and international level. The roots of violence against women lie in historically unequal power relations and pervasive discrimination against women in both the public and private spheres. Patriarchal disparities of power, discriminatory cultural norms and economic inequalities serve to deny women's human rights and perpetuate violence through male control over women's agency and sexuality. Violence gets reproduced over generations; most of the times even without questioning it or resisting it by different actors. VAW has become one of the major concerns for women organizing for the human rights movement. The recent women's movement against violence in Nepal has also developed within the crucial international context of the global women's human rights movement. WOREC Nepal has w w w .w orecnepal.org
  14. 14. Violence against Women Year Book 2 continued collecting data and statistics on VAW. This has given it visibility and also contributed towards making it impossible to shrug off violence against women as an issue of local, personal or isolated statistical event. 1. Types of VAW in Nepal A total of 1594 cases were collected by WOREC Nepal for the purpose of analysis of VAW. The highest percentage of VAW was reported from Eastern Development Region accounting for 68%, followed by Mid-western and Central Development Region with 11% each.  Domestic violence accounts for 60% of the total cases of violence, followed by social violence (21% ) and rape (9%). Husbands account for 43.2% of all perpetrators followed by neighbors (27.4%) and family members (22.6%) with others accounting for 6.8% of the total of all violence committed. Husbands and family members are the major sources of violence in domestic setting, while neighbors and others unidentified predominate in social violence. In the case of rape and murder, there is a mix of family members, neighbors and others and unidentified. In the case of murder husbands dominate followed by family members, neighbors and others.  The second most frequent type of violence is social violence. A total of 328 cases or 21% of the total VAW was under this category. 81.8% of social violence was perpetrated by neighbors while 19% was by others. (62 of 328 cases). w w w .w orecnepal.org
  15. 15. 3 Violence against Women Year Book  Rape accounts for the next highest category of VAW. A total of 150 cases (9.5%) were reported. Neighbors are responsible for 66% of the reported cases, others and unidentified (18%), while family members (14%), and husbands (2%) combined are also responsible for about 16% of reported rape cases. The findings here contradict the still pervasive myth that it is dangerous unknown men (strangers) who are most likely to sexually assault women. In fact, the findings of this research and previous Anwesi's research indicate that the greatest risk of rape against women comes from men they know, often intimately.  Murder was reported by 60 survivors and represented a relatively small proportion (3.7%) of the total VAW cases. 48.3% ( or 29 of 60 cases) of all reported cases of murders, are committed by husbands, 23.3%( or 14 cases) was committed by other family members and 15% ( or 9 cases) was committed by neighbors.  Sexual abuse accounts for 42 cases (3%) of the total cases of reported VAW. 78.6% (33 of 42 cases) of sexual abuse is committed by neighbors. Husbands, other family members, and other / unidentified individuals account for 4.8% (2 cases), 7.1%( 3 cases), 9.5% (4 cases) of sexual abuse respectively.  Regarding women trafficking, the data reveals that the highest number of cases (64.5%) (20 of 31 cases) is committed by neighbors, followed by family members. (19.4%), other unidentified people (12.9%) and husbands (3.2%). w w w .w orecnepal.org
  16. 16. Violence against Women Year Book 4 2. Age Groups and VAW  VAW does not appear to leave any age group untouched. VAW appears to be concentrated mostly among women below 46 years of age according to the survey . The most affected are as expected in 26 -35 age groups followed by 16 -25 age groups. If 75% of the survivors of VAW are below 46 years of age, 60% are below 35 years of age. Almost 40% are below the age of 25 and 10% are below the age of sixteen. 34% are in the 26-35 age group, followed 30% in 16 -25 age group, 15% in 36-45 age group . 7% are above 46 age group. These figures underscore the fact that out of every 5 victims, 3 are below the age of 35. 49% of all the rape victims are below the age of 16 and this is a very serious matter. 90% of all the rape victims are below the age of 35.  The highest percentage of murder among 26-35 and 16-25, married women being mostly victims of murder  Trafficking is reported by a very small number of victims and over 90% are reported by those below 35 years of age 3. Education and VAW  There appears to be an almost even split between literate (478 or 30%) and illiterate women (469 or 29.4% ) out of a total of 1594 cases. However if we include those who have gone beyond literacy and actually completed some years of formal schooling , then literate plus those with some education comes to 959 cases or 60% of the total cases who have reported VAW. It appears to be the case that literate and women w w w .w orecnepal.org
  17. 17. 5 Violence against Women Year Book with some education appear to be reporting higher levels of VAW than illiterate women  Given other factors in the society Literacy and even education alone may not be adequate for reducing violence against women  The fact that rape among literate groups is so much higher than among illiterate groups may be suggesting any of the following or all of them - So called literacy is not functionally very much different from illiteracy. - Literacy may be resulting in seeking spouses that are equally or more literate resulting in higher bride price and violence associated with the failure to pay such a price. 10. Marital Status and VAW  The highest percentage of all reported cases of violence is found among the married women accounting for 76.5% (1219 of 1594 cases) Married women are most frequently victimized by husbands and family members with whom they have been in position of trust and intimacy. Unmarried group is next (15.4%), followed by separated (4.0%) and widows (3.45%).  Domestic violence is significantly higher ( 61% or 967 out of 1594 total cases ) than other types of violence. It is also significantly higher among married women 84% than all the other groups. Social violence is the next important category and it is also highest among married women. Rape is highest among unmarried victims with murder being highest among married w w w .w orecnepal.org
  18. 18. Violence against Women Year Book 6 groups. Sexual abuse, trafficking is also higher among unmarried 4. Occupation and VAW  39% of the women report agricultural occupation. Domestic violence accounts for 64%, followed by social violence (19.4%), rape (7.0%), murder (4.5%)  About 15.2 percent said their occupation was labor. 58% identified domestic violence followed by social violence (25.6%), rape (8%) and others.  Only about 5% said they were in business occupation. However even for them the pattern of violence was not much different from the others with domestic and social violence dominating, followed by murder and sexual abuse.  It is wrong to assume that if you donot do anything you may be free from VAW. Even those who say they are not doing anything have encountered different types of violence. Quite different fromall the other categories, rape dominates (45%) followed by domestic and social violence. 5. VAW Survivor Impacts  Mental effect is reported to be the highest ( 64%) (981 of 1534 cases),followed by the physical effect (23%) ((347 of 1534 cases), social effect (7%) (114 of 1534 cases) and economic effect (6%) (92 of 1534 cases). 6. Ethnicity of Survivors  Highest numbers of cases (331 of 1594 cases) are reported from Terai Janjati accounting for 21% of all w w w .w orecnepal.org
  19. 19. 7 Violence against Women Year Book reported cases, followed by hill Janjati (17%) (266 of 1594 cases), terai non dalit(16%)(250 of 1594 cases), chhetri (11.4%)(182 of 1594 cases), Brahman(11%)(174 of 1534 cases), hill dalit (7.6%)(121 of 1534 cases) and marginalized accounting for only 3%(49 of 1534 cases). 7. Background of Perpetrators  27% of perpetrators age is unidentified. The perpetrators in the age group 26-35 account for 27% followed by the age group 16-25 which accounts for 14. 36-35 account for 18% and above 46 account for 12%. Below 16 accounts for 1%.  The highest percentage of perpetrators are from Tarai Janjati consisting of 19% followed by Tarai- non Dalit and Hill Janjati consisting of 16%. Equal percentage was found among Terai Dalit (11%) and Chettri (11%).  Perpetrators of VAW are both men and women. The data reveals that 66% of perpetrators are male and 32% are female with unidentified being 2%. 8. Conclusions  Women are not a homogenous category and are differentiated by class and other factors of power and powerlessness. Recognizing women's diversity in experiences of violence, attempt has been made to document various cases In Nepal, gendered violence has gone unrecognized as people think of them as ‘normal' or have been attributed as individual deviance. In order to reduce violence it is important to understand woman's interpretation of peace. Since the opposite of violence is peace, it is important to w w w .w orecnepal.org
  20. 20. Violence against Women Year Book 8 understand what each woman define as peace in their specificity. The need is to challenge the aspects which serve to justify and legitimize violence in this regard.  VAW cannot be solved in isolation since it stems from a complex set of power imbalances and widespread social norms. It is the responsibility of States and Nepali people to end discrimination both in law and in practice. It is the responsibility of the State to prevent violence against women, and when they have failed to prevent the violence, to ensure redress. The need is to formulate new laws and revise discriminatory laws, policies to reduce VAW. 9. Recommendations  More systematic studies of this type across a wider range of women groups is urgently needed to better understand and identify VAW related programs and activities. ANWESI studies have been important initial eye openers to this silent but very serious and rampant gender issue.  VAW suffers from low reporting because of the consequences of reporting and unless all concerned work together to better understand the reasons of low reporting and ensure better witness protection system, we will only be dealing with the tip of the iceberg.  The prevalent impunity for reported cases of VAW should end immediately  Protective measures, alternative housing/safe shelter, counseling, rehabilitation, support services, for w w w .w orecnepal.org
  21. 21. 9 Violence against Women Year Book women survivors of VAW, should be available and accessible.  Preventive measures, including public information and education programs to change attitudes concerning the roles and status of men and women and to increase awareness regarding VAW and women's right should be prioritized.  Urgent need for a specialized Agency that focuses specifically on VAW in Nepal. w w w .w orecnepal.org
  22. 22. Violence against Women Year Book 10 ;f/f+z;f/f+z;f/f+z;f/f+z;f/f+z g]kfndf dlxnfdflysf] lx+;f a9b} hfg' Ps lrGtfsf] laifo xf] . o;n] dlxnf / aflnsfx¿dfly pgLx¿sf] hLjge/ x'g] laleGg k|sf/sf b'Jo{jxf/x¿nfO{ ;d]6b5 . dlxnfdfly x'g] lx+;fsf If]q / bfo/fx¿ dlxnfx¿n] ;fdgf ul//xg' k/]sf] lje]bsf :t/x¿ / lg/Gt/tfsf k|ltljDj x'g . o;sf] ;aeGbf kL8fbfoL kIf s] 5 eg] xfd|f] ;fdflhs dfgl;stfn] o;nfO{ unt jf bf]ifLnfO{ ;hfo lbg'kg]{ xbsf] Ps uDeL/ ck/fw dfGb}g . kmntM kLl8tx¿n] ;a} j]bgfnfO{ r'krfk ;x]/ a:g' kg]{ bafasf] kfngf ug'{ kb{5 / cfkmgf] tg, dg, / dl:t:sdf rf]6 k'¥ofpg] ckx]ngf / cdof{lbt b'Jo{jxf/nfO{ :jLsf/ ug'{ kb{5 . of] k|ltj]bgn] sf/s tTjx¿sf pbfx/0fx¿ k|:t't ub}{ g]kfndf dlxnfdflysf] lx+;f r/d / Jofks ¿kdf /x]sf] tYo phfu/ ub{5 / To;nfO{ :yfgLo, /fli6«o / cGt/f{li6«o :t/df Ps pRr k|fyldstfsf] d'2fsf ¿kdf lng cfu|x ub{5 . dlxnfdfly x'g] lx+;fsf h/fx¿ cyjf sf/s tTjx¿ P]ltxfl;s k|s[ltsf c;dfg zlQm ;DaGwx¿df tyf ;fj{hlgs / lghL If]qx¿df dlxnfx¿nfO{ ul/g] e]befjx¿df 5g . zlQmsf] lkt[;QfTds lje]b, e]befjk"0f{ ;f+:s[lts dfGotf / cfly{s c;dfgtfx¿n] dlxnfsf dfgj clwsf/x¿sf] xggdf 6]jf k'¥ofpFb5g / k'?if dfkm{t pgsf] cl:tTj / of}lgstfdfly lgoGq0f u/L lx+;f ub{5g . dlxnf lj?4 x'g] lx+;fdffly s'g} k|Zg gp7fP/} jf laleGg cleg]t[x¿af6 o;sf] ;fdgf ul/P klg, lx+;f k':tf} k':tfb]lv x'Fb} cfO/x]sf] 5 . w w w .w orecnepal.org
  23. 23. 11 Violence against Women Year Book dlxnfdfly x'g] lx+;f dfgj clwsf/ cleofgnfO{ ;+ul7t ug]{ dlxnfx¿sf nflu k|d'v ;/f]sf/x¿dWo] Ps ePsf] 5 . g]kfndf xfnsf] lx+;f la?4 dlxnfsf] cleofg klg ljZj dlxnf dfgj clwsf/ cleofgsf] dxTjk"0f{ cGt/f{li6«o ;Gbe{ cGtu{t lasl;t ePsf] xf] . cf]/]s g]kfnn] dlxnfdfly x'g] lx+;f;DaGwL tYof+sx¿ ;+sng ug]{ sfo{ hf/L /fv]sf] 5 . To;n] dlxnfdfly x'g] lx+;fnfO{ ;txdf Nofpg'sf ;fy} o;nfO{ :yfgLo, JolQmut jf k[ys tYof+sut 36gf agfpg c;Dej t'Nofpgdf of]ubfg klg u/]sf] 5 . != g]kfndf dlxnfdfly x'g] lx+;fsf k|sf/x¿!= g]kfndf dlxnfdfly x'g] lx+;fsf k|sf/x¿!= g]kfndf dlxnfdfly x'g] lx+;fsf k|sf/x¿!= g]kfndf dlxnfdfly x'g] lx+;fsf k|sf/x¿!= g]kfndf dlxnfdfly x'g] lx+;fsf k|sf/x¿ dlxnfdfly x'g] lx+;fsf] laZn]if0fsf nflu cf]/]s g]kfnn] hDdf !%($ j6f 36gfx¿sf] ;+sng u/]sf] lyof] . dlxnfdfly x'g] lx+;fsf] ;aeGbf w]/} k|ltzt -^*%_ k"jf{~rn lasf; If]qaf6 lyof] eg] dWoklZrdf~rn / dWodf~rn lasf; If]qaf6 -b'a}df !!%_ lyof] .  lx+;fsf s"n 36gfx¿dWo] ^)% 3/]n' lx+;f, To;kl5 @!% ;fdflhs lx+;f, / (=%% anfTsf/ ePsf] kfOof] . lx+;fsf s"n 36gfx¿sf cleo'QmdWo] ;aeGbf w]/} >Ldfgx¿ -$#%_, To;kl5 l5d]sL -@&%_ / kl/jf/ -@#%_ lyP eg] cGo hDdf ^=*% lyP . >Ldfgx¿ / kl/jf/sf ;b:ox¿ 3/]n' ;+/rgfleq lx+;fsf k|d'v ;|f]tx¿ /x]sf] tyf l5d]sLx¿ / klxrfg gePsf cGo JolQmx¿ ;fdflhs l+x;fsf d'Vo cleo'Qm /x]sf] kfOof] . anfTsf/ / xTofsf] 36gfdf kl/jf/sf ;b:o, l5d]sL / klxrfg gePsf cGosf] ;+nUgtf ldl>t b]lvof] . xTofsf] 36gfdf >Ldfgsf] e"ldsf w w w .w orecnepal.org
  24. 24. Violence against Women Year Book 12 k|wfg / To;kl5 l5d]sL / cGosf] ;+nUgtf /x]sf] b]lvof] .  w]/} h;f] x'g] dlxnf la?4sf] lx+;fsf] bf];|f] k|sf/df ;fdflhs lx+;f kb{5 . ;fdflhs lx+;fsf hDdf #@* j6f 36gfx¿ lyP . o;df *!=*% l5d]sLx¿af6 / !( % cGoaf6 ePsf] kfOPsf] lyof] .  anfTsf/ dlxnfdfly x'g] lx+;fsf] t]];|f] k|sf/ xf] . o; cGtu{t hDdf !%) j6f 36gfx¿ ;+slnt ePsf] kfOof] . of] lx+;fsf] ^^ % 36gfsf cleo'Qm l5d]sL / !*% 36gfsf cleo'Qm cGo / klxrfg gv'n]sf JolQmx¿ lyP eg] kl/jf/sf ;b:ox¿ -!$%_ / >Ldfgx¿ -@%_ klg lhDd]jf/ /x]sf] kfOof] . of] tYof+sn] k|fozM 8/nfUbf ckl/lrt -aflxl/of_ JolQmx¿af6 dlxnfx¿dfly of}g b'Jo{jxf/ x'G5 eGg] xfn;Dd ljBdfg /x]sf] ldYofnfO{ e'm7f] ;flat ul/ lbPsf] 5 . jf:tjdf, ut ;fnsf] cGj]ifL / o; aif{sf -cGj]ifLsf_ tYof+sx¿n] s] ;+s]t u/]sf 5g eg] dlxnfx¿nfO{ anfTsf/sf] hf]lvd pgLx¿sf kl/lrt k'?if, / k|fozM glhssf gft]bf/x¿af6 x'G5 .  dlxnfdfly x'g] lx+;fsf] rf}yf] k|sf/ lx+;fsf hDdf ^) j6f 36gfx¿ o; jif{ ;+slnt ePsf lyP h'g dlxnfdfly ePsf s"n lx+;fs]f s]jn #=&% dfq xf] . k|ltj]lbt xTofsf] $*=#% 36gf >Ldfgaf6 ePsf] kfOof] eg] @#=#% kl/jf/sf cGo ;b:oaf6 / !%% l5d]sLaf6 ePsf] kfOof] .  dlxnfdfly x'g] lx+;fsf] kfF rf} k|sf/ xf] - of}g b'Jo{jxf/ . o; cWoogdf of}g b'Jo{jxf/sf hDdf $@ j6f ofg] btf{ ePsf lx+;fsf w w w .w orecnepal.org
  25. 25. 13 Violence against Women Year Book s"n 36gfdWo] #% /x]sf] kfOof] . of}g b'Jo{jxf/sf s"n 36gfdWo] &*=^% l5d]sLx¿af6 ePsf] kfOof] . >Ldfg, kl/jf/sf cGo ;b:ox¿ / cGo jf klxrfg gePsf JolQmx¿af6 of}g b'Jo{jxf/sf 36gf qmdzM $=*%, &=!% / (=%#% /x]sf] kfOof] .  dlxnf a]rlavgsf ;Gbe{df, ;aeGbf w]/} -^$=%%_ 36gf l5d]sLx¿af6 / To;kl5 qmdzM kl/jf/sf cGo ;b:ox¿ -^$=%%_, klxrfg gePsf cGo JolQmx¿ -!@=(%_ / >Ldfgx¿ -#=@%_ af6 ePsf] b]lvof] . @= pd]/ ;d"x / dlxnfdfly lx+;f@= pd]/ ;d"x / dlxnfdfly lx+;f@= pd]/ ;d"x / dlxnfdfly lx+;f@= pd]/ ;d"x / dlxnfdfly lx+;f@= pd]/ ;d"x / dlxnfdfly lx+;f  dlxnfdfly x'g] lx+;f ;a} pd]/ ;d"xsf dlxnfdfly x'G5 . ;j]{If0fsf cg';f/ of] $^ jif{eGbf sd pd]/ ;d"xsf dlxnfx¿df ;a}eGbf w]/} x'g] u/]sf] 5 . dlxnfdfly x'g] lx+;faf6 k|efljt &%Ü dlxnf $^ jif{ d'lgsf lyP eg], ^)Ü dlxnf #% jif{ d'lgsf lyP . em08} $)Ü lx+;f k|efljt dlxnf @% jif{ d'lgsf / !)Ü ;f]x| jif{ d'lgsf lyP . rf}lt; k|ltzt lx+;f k|efljt dlxnf @^–#% pd]/ ;d"xsf, To;kl5 #)Ü – !^– @% jif{ pd]/ ;d"xsf, !%Ü – #^–$% pd]/ ;d"xsf / &Ü – $^ jif{ eGbf a9L pd]/ ;d"xsf lyP . oL tYofÍx¿n] s] /x:of]b3fl6t u/]sf 5g eg] % hgf k|efljtx¿dWo] # hgf #% jif{eGbf sd pd]/ sf 5gÙ anfTsf/af6 k|efljt ;a} (Ü g} #% jif{ d'lgsf lyP . w w w .w orecnepal.org
  26. 26. Violence against Women Year Book 14  xTof ePsfx¿dWo] ;a}eGbf w]/} k|ltzt @^–#% / !^– @% pd]/ ;d"xsf lyP, / To;df ljjflxtf dlxnfx¿ ;a}eGbf a9L k|efljt lyP .  a]rljvgsf 36gfaf/] Psbd} sd lx+;f k|efljt dlxnfx¿n] atfPsf 5g / ()Ü eGbf a9L 36gfx¿ af/] #% jif{eGbf sd pd]/sf dlxnfx¿n] atfPsf 5g . #= lzIff / dlxnfdfly lx+;f#= lzIff / dlxnfdfly lx+;f#= lzIff / dlxnfdfly lx+;f#= lzIff / dlxnfdfly lx+;f#= lzIff / dlxnfdfly lx+;f  ;+slnt s"n 36gf -!%($_ dWo] #)Ü dlxnf ;fIf/ / @(=$Ü lg/If/ ePsf] kfOPsf] 5 . t/ ;fIf/dWo]sf cf}krfl/s :s'ndf s]xL jif{ k9]sfx¿nfO{ Wofgdf /fVg] xf] eg] lx+;f k|efljt dlxnfx¿dWo] ^)Ü ;fIf/ / :s'n uPsf] ;d"xdf kb{5g . o;af6 s] b]lvG5 eg] lg/If/ dlxnfsf t'ngfdf ;fIf/ / s]xL jif{ :s'n uPsf dlxnfx¿n] lx+;fsf] l/kf]l6{ª a9L ub{5g .  ;dfhdf ljBdfg cGo sf/s tTjx¿ klg ePsfn], ;fIf/tf / lzIffnfO{ dfq dlxnfdfly x'g] lx+;f Go'gLs/0fsf nflu kof{Kt dfGg ;l+sb}g .  lg/If/ dlxnfsf] t'ngfdf ;fIf/ ;d"xx¿df anfTsf/sf 36gfx¿ w]/} x'g] u/]sf] tYon] tnsf ;'emfjx¿sf lgldQ cfwf/ k|bfg ub{5 M o lqmofzLntfsf] lx;fan] tyfslyt ;fIf/ tf lg/If/tfeGbf Tolt w]/} km/s 5}g . o ;fIf/tfsf sf/0f cfkm" ;/x jf To;eGbf a9L ;fIf/ hLjg;fyLsf] vf]hL ul/g] x'g ;Sb5 / To;n] ubf{ b'nfxfnfO{ b'nlxsf w w w .w orecnepal.org
  27. 27. 15 Violence against Women Year Book tkm{af6 a9L bx]h lbg' kg]{ / To;f] ug{ g;s]df lx+;faf6 k|efljt x'g'kg]{ x'g ;Sb5 . $= a}aflxs l:ylt / dlxnfdfly lx+;f$= a}aflxs l:ylt / dlxnfdfly lx+;f$= a}aflxs l:ylt / dlxnfdfly lx+;f$= a}aflxs l:ylt / dlxnfdfly lx+;f$= a}aflxs l:ylt / dlxnfdfly lx+;f  lx+;faf6 k|efljt ;a} 36gfx¿dWo] ;aeGbf w]/} k|ltzt -&^=%Ü_ ljjflxt dlxnfx¿df kfOPsf] 5 . ljjflxt dlxnfx¿dfly pgsf glhssf] ;DaGw ePsf >Ldfg / kl/jf/sf ;b:ox¿af6 k|fozM lx+;f x'G5 . To;kl5 lx+;faf6 a9L k|efljt x'g] ;d"xx¿df qmdzM cljjflxt -!%=$Ü_, cnu a;]sf -$=)Ü_ / ljw'jf -#=$%Ü_ dlxnfx¿ kb{5g .  ljleGg k|sf/sf lx+;fx¿dWo] 3/]n' lx+;fsf] kl/df0f cToflws -^!Ü_ 5 . of] cGo ;d"xsf t'ngfdf ljjflxt dlxnfx¿df w]/} -*$Ü_ 5 . bf];|f] k|sf/sf] lx+;fdf ;fdflhs lx+;f cfpFb5 / Tof] klg ljjflxt dlxnfx¿df w]/} x'g] u/]sf] kfOPsf] 5 . anfTsf/ cljjflxt dlxnfx¿df cToflws x'G5 eg] xTof ljjflxt dlxnfx¿df w]/} x'G5 . cljjflxtx¿df of}g b'Jo{jxf/ / a]rljvg klg w]/} x'G5 . %= k]zf / dlxnfdfly lx+;f%= k]zf / dlxnfdfly lx+;f%= k]zf / dlxnfdfly lx+;f%= k]zf / dlxnfdfly lx+;f%= k]zf / dlxnfdfly lx+;f  lx+;f k|efljt dlxnfx¿dWo] #(Ü n] cfˆgf] k]zf s[lif ePsf] atfP . lx+;f k|efljt ;f] k]zfsf dlxnfx¿dWo] ^$Ü 3/]n' lx+;faf6, !(=$Ü ;fdflhs lx+;faf6, &Ü anfTsf/af6 / $=%Ü xTofaf6 k|efljt ePsf] kfOof] . w w w .w orecnepal.org
  28. 28. Violence against Women Year Book 16  lx+;f k|efljt s"n dlxnfx¿dWo] !%=@Ün] cfˆgf] k]zf >d dhb'/L ePsf] atfP . of] k]zfsf lx+;f k|efljt dlxnfx¿dWo] %*Ü n] 3/]n' lx+;faf6, @%=^Ü n] ;fdflhs lx+;faf6 / *Ü n] anfTsf/af6 k|efljt ePsf] atfP .  lx+;f k|efljt s"n dlxnfx¿dWo] %Ü n] cfˆgf] k]zf Jofkf/ ePsf] atfP . oL dlxnfx¿df klg cGo k]zfsf dlxnfx¿df em}+ 3/]n' / ;fdflhs lx+;f g} a9L x'g] u/]sf] tyf xTof / of}g b'Jo{jxf/ klg x'g] u/]sf] kfOof] .  cfkm"n] s]xL gu/]df dlxnflj¿4sf] lx+;faf6 d'lQm kfOG5 eGg] ;f]rfO unt xf] . cfkm"n] s]xL gu/]sf] atfpg] dlxnfx¿ klg ljleGg k|sf/sf lx+;faf6 k|efljt x'g] u/]sf] kfOof] . cGo ;d"xx¿sf] t'ngfdf o; ;d"xsf dlxnfx¿df 3/]n' / ;fdflhs lx+;feGbf anfTsf/sf] 36gf cToflws -$%Ü_ x'g] u/]sf] kfOof] . ^= dlxnfdfly x'g] lx+;fsf c;/x¿^= dlxnfdfly x'g] lx+;fsf c;/x¿^= dlxnfdfly x'g] lx+;fsf c;/x¿^= dlxnfdfly x'g] lx+;fsf c;/x¿^= dlxnfdfly x'g] lx+;fsf c;/x¿  lx+;f k|efljt dlxnfx¿df ;aeGbf w]/} -^$Ü_ dfgl;s c;/ k/]sf] kfOof] eg] To;kl5 qmdzM zf/Ll/s -@#Ü_, ;fdflhs -&Ü_ / cfly{s -^Ü_ c;/x¿ k/]sf] kfOof] . &= lx+;f k|efljtx¿sf] hftLotf&= lx+;f k|efljtx¿sf] hftLotf&= lx+;f k|efljtx¿sf] hftLotf&= lx+;f k|efljtx¿sf] hftLotf&= lx+;f k|efljtx¿sf] hftLotf  lx+;f k|efljt s"n dlxnfx¿dWo] ;a}eGbf w]/} -@!Ü_ t/fO hghftLsf dlxnfx¿ k|efljt ePsf] kfOof] . To;kl5 qmdzM kxf8] hghftL -!&Ü_, t/fO{ u}/blnt w w w .w orecnepal.org
  29. 29. 17 Violence against Women Year Book -!^Ü_, If]qL -!!=$Ü_, a|fx|d0f -!!Ü_ kxf8] blnt -&=^Ü_ / ;LdfGts[t -#Ü_ dlxnf lyP . *= cleo'Qmsf] k[i7e"ld*= cleo'Qmsf] k[i7e"ld*= cleo'Qmsf] k[i7e"ld*= cleo'Qmsf] k[i7e"ld*= cleo'Qmsf] k[i7e"ld  cleo'Qmx¿dWo] @&Ü sf] pd]/ gv'n]sf] kfOof] . pd]/ v'n]sf cleo'Qmx¿dWo] @^–#% jif{ pd]/ ;d"xsf @&Ü lyP eg] To;kl5 qmdzM !^–@% jif{ pd]/ ;d"xsf !$Ü, #^–$% jif{ pd]/ ;d"xsf !*Ü / $^ jif{ dflysf] pd]/ ;d"xsf !@Ü lyP . ;f]x| jif{ pd]/ ;d"xsf hDdf !Ü lyP .  cleo'Qmx¿dWo] ;aeGbf w]/} -!(Ü_ t/fO{ hghftLaf6 lyP, To;kl5 qmdzM t/fO u}/blnt / kxf8] hghftL lyP, h;sf] ;+Vof !^Ü lyof] . To;} u/L t/fO blnt / If]qL b'a} ;d"xsf cleo'Qmx¿sf] ;+Vof !!Ü lyof] .  dlxnfdfly x'g] lx+;fsf cleo'Qmx¿ k'?if / dlxnf b'a} x'G5g . o; cWoogsf] tYofÍ cg';f/ cleo'Qmx¿dWo] ^^Ü k'?if, #@Ü dlxnf / @Ü klxrfg gePsf JolQm lyP . (= lgisif{(= lgisif{(= lgisif{(= lgisif{(= lgisif{  dlxnf Ps¿ktf ePsf] ;d"x geO{ ju{ / zlQmsf tTjx¿sf cfwf/df ljljwtf ePsf] ;d"x xf] . o; cWoogdf lx+;f ;DaGwL cg'ejx¿sf cfwf/df dlxnfaLrsf] ljljwtfnfO{ Wofgdf /fvL ljleGg 36gfx¿sf] clen]vLs/0f ug]{ k|of; ul/Psf] 5 . g]kfndf n}+lus lx+;fnfO{ æ;fdfGoÆ jf æJolQmut 36gfÆ sf gfddf a]jf:tf ug]{ ul/Psf] 5 . lx+;f Go'gLs/0f ug{sf lgldQ dlxnfn] zflGtnfO{ s;/L w w w .w orecnepal.org
  30. 30. Violence against Women Year Book 18 ljZn]if0f ub{5g eGg] s'/f a'‰g' dxTjk"0f{ x'G5 . cyf{t zflGtsf] ljk/Ltfy{s zAb lx+;f ePsf]n] x/]s dlxnfn] cf–cfˆgf] kl/j]zdf zflGtnfO{ s;/L kl/eflift ub{5g eGg] s'/f a'‰g' dxTjk"0f{ x'G5 . o; cy{df lx+;fnfO{ 7Ls dfGg] / dfGotf lbg] kIfx¿nfO{ r'gf}lt lbg' cfjZos 5 .  dlxnfdfly x'g] lx+;f zlQm c;Gt'ngsf hl6ntf / Jofks ¿kdf ljBdfg ;fdflhs dfGotfdf cfwfl/t ePsf]n] o;nfO{ Psf+sLdf jf cnUu} lg/fs/0f ug{ ;ls+b}g . e]befjnfO{ sfg'g / Jojxf/df cGTo ug'{ /fHo / g]kfnL hgtfsf bfloTj x'g . dlxnfdfly x'g] lx+;fsf] /f]syfd ug]{ bfloTj /fHosf] xf], / To;sf] /f]syfd ug{ g;s]sf] cj:yfdf /fHoaf6 To;nfO{ gofF 9+un] k'gM ;Djf]wg ul/g' kb{5 . dlxnfdflysf] lx+;f Go'gLs/0fsf nflu cfhsf] cfjZostf eg]sf] gofF sfg'gx¿ agfpg' / lje]bk"0f{ sfg'gx¿ / gLltx¿sf] ;+zf]wg ug'{ xf] . !)= ;'emfjx¿!)= ;'emfjx¿!)= ;'emfjx¿!)= ;'emfjx¿!)= ;'emfjx¿  dlxnfdfly x'g] lx+;f;DaGwL sfo{qmd / ultljlwx¿ af/] /fd|/L a'‰g / klxrfg ug{ o; k|sf/sf cem a9L Jojl:yt cWoogx¿ dlxnf ;d"xaLr lj:tfl/t bfo/fdf ul/g' h¿/L 5 . æcGj]ifLÆ of] ;'if'Kt t/ Hofb} uDeL/ / Jofks n}lËs d'2faf/] ;a}sf] cfFvf vf]ln lbg] Ps dxTjk"0f{ k|sfzg ePsf] 5 .  hfx]/L u/]kl5 ;fdgf ug'{ kg]{ s7LgfOsf sf/0f dlxnfdfly x'g] lx+;fsf] hfx]/L jf l/kf]l6{Ë sd x'g] u/]sf] 5 ha;Dd ;a} ;/f]sf/x¿n] ;fy} sfd u/]/ w w w .w orecnepal.org
  31. 31. 19 Violence against Women Year Book sd hfx]/Lsf sf/0fx¿af/] a'lem+b}g / ;fIfLnfO{ /fd|f] ;'/Iff k4ltsf] ;'lglZrttf ul/+b}g, ta;Dd xfdL ælxdfnsf] 6'Kkf]Æ nfO{ dfq ;Djf]wg ul//x]sf x'g]5f}+ .  dlxnfdfly ePsf lx+;fsf l/kf]l6{Ë ePsf 36gfx¿df cleo'Qmx¿nfO{ ;hfo lbgdf eO/x]sf] cfgfsfgL / 9Lnf;':tL oyflz3| ;dfKt x'g' kb{5 .  ;+/If0fd"ns pkfox¿, j}slNks cfjf;÷;'/lIft cfjf;, k/fdz{, k'gM:yfkgf / ;xof]u ;]jfx¿ lx+;f k|efljt dlxnfx¿sf nflu pknAw / kx'Frleq x'g' kb{5 .  k'?if / dlxnfx¿sf e"ldsf / ;fdflhs bhf{x¿;Fu ;DalGwt dfgl;stf / ;f]rdf kl/jt{g ug{ tyf dlxnfdfly x'g] lx+;f / dlxnf clwsf/sf af/]df ;+r]tgf clej[l4 ug{ ;fj{hlgs ;"rgf / lzIff sfo{qmd nufotsf /f]syfdd"ns pkfox¿nfO{ k|fyldsLs/0f ul/g' kb{5 .  g]kfndf dlxnfdfly x'g] lx+;fnfO{ ljz]if ¿kdf ;Djf]wg ug]{ ljlzi6 lgsfosf] cfjZostf 68sf/f] 5 . w w w .w orecnepal.org
  32. 32. Violence against Women Year Book 20 CHAPTER I w w w .w orecnepal.org
  33. 33. 21 Violence against Women Year Book REVISITING ANBESHI'S HISTORY The publication of ‘Anbeshi' was a significant milestone in the movement to end violence against women in Nepal. Although articles on violence against women do appear in daily news papers and periodicals, there is a huge gap in terms of a regular publication devoted solely to the problem of VAW.1 The time for a deliberate and regular focus on the rampant violence against women (VAW) in Nepali society has come. WOREC pioneered the publication of Anbeshi in Nepal in 2005 highlighting the ever-increasing atrocities against women. As a year book of WOREC Nepal, Anbeshi is an attempt to shed light not only on various forms of violence that are already widely discussed but also on lesser known forms . 1. VAW: The United Nations defines violence against women(VAW) as any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life .There are many forms of violence against women, including sexual, physical, or emotional abuse by an intimate partner; physical or sexual abuse by family members or others; sexual harassment and abuse by authority figures (such as teachers, police officers or employers); trafficking for forced labor or sex; and such traditional practices as forced or child marriages, dowry-related violence; and “honor" killings, when women are murdered to preserve family honor. Systematic sexual abuse in conflict situations is another form of violence against women. (http://www.who.int/mediacentre/factsheets/ fs239/en/) World Health Organization Fact-sheet, November 2009. CHAPTER I w w w .w orecnepal.org
  34. 34. Violence against Women Year Book 22 It has not been long since WOREC Nepal started documenting cases of violence against women in Nepal. The documentation was initially triggered by the Royal Coup of February 2005, which had led to increased violence and human rights violation of every form, including VAW. The documentation process gained momentum since 2007, after WOREC Nepal started releasing a report every four months and organizing media interactions on the trends and patterns of VAW. As a continuation of the quarterly updates, WOREC in 2008 launched a year book on VAW which was the first attempt to compile cases of VAW from various sources, including WOREC's own documentation from all its district chapters; cases reported in the media; cases documented by other NGOs; and cases that came to Women's Development Offices throughout Nepal. Objectives of Anbeshi 1. To map out the scenario of Violence Against Women in Nepal and to pressure the government to formulate relevant laws, policies and action plans towards eliminating VAW. 2. To identify key areas that will ensure survivors'2 access to justice and lobbying the government to effectively address those areas. 3. To identify the needs of VAW survivors and advocate for relevant support mechanisms. 2. Various reports use, the terms “survivor" and “survivor" interchangeably. However for this report the term “survivor" rather than “survivor" has been used to emphasize the inherent strength required to endure such atrocities and dare to speak up against them. w w w .w orecnepal.org
  35. 35. 23 Violence against Women Year Book The present issue of Anbeshi will also examine women's resistance strategies, empowerment issues and collective efforts to subvert the established norms so that women are no longer seen only as survivors but as change agents in their community. In Anbeshi, one will hear diverse voices. w w w .w orecnepal.org
  36. 36. Violence against Women Year Book 24 CHAPTER II w w w .w orecnepal.org
  37. 37. 25 Violence against Women Year Book VIOLENCE AGAINST WOMEN 2.1 Introduction Violence is a phenomenon that varies in its presence, its character, and its severity. Therefore, the need is to analyze the ideology of violence, try to assess how and why various acts of violence are repudiated, ignored, denied, praised, or glorified (Jackman, 2002)3 . Physical violence such as injury, disfigurement, bodily alteration, functional impairment, physical restraint or confinement and even death, infringe on our basic desire for physical survival and preservation of bodily integrity and autonomy. The psychological impacts include fear, anxiety, anguish, shame, or diminished self- esteem. The material outcomes include destruction, confiscation, or defacement of property or the loss of earnings and the social outcomes comprising of public humiliation, stigmatization, exclusion, imprisonment, banishment, or expulsion which are all highly consequential and sometimes devastating (Jackman,2002). Violence can have a prolonged effect often enduring long after physical injuries have healed. Besides being one of the rallying points of the women's movement, VAW has also become one of the major concerns within the human rights movement. VAW offers the human CHAPTER II 3. Mary R. Jackmam, “ Violence in Social Life" Annual Review of Sociology, Vol. 28 (2002), pp. 387-415 w w w .w orecnepal.org
  38. 38. Violence against Women Year Book 26 rights agenda a universal theme to critique and transform traditional human rights practices from a gender perspective (Reilly 2000; Fraser 2001). The fundamental flaw of the mainstream human rights framework, according to feminist scholars, was the exclusion of women's experiences as well as its failure to intervene in the private/public dichotomy that often helped maintain the invisibility of violation of women's human rights (Charlesworth 1994; Rao 1995; Bahar 2000). VAW drew the attention of the women's human rights movement as it “dramatically illustrated women's subordinate position as no other issue had" (Fraser 2001, 56). The contemporary women's movement against violence in Nepal has also developed within the crucial international context of the global women's human rights movement. Human rights are universal principles specifying a standard of basic rights for all human beings, defining “the subordination of women as a human rights violation" (Cook 1994, 1) and seeking to advance women's claims to social, economic, political and cultural development and empowerment across all societies (Antrobus and Sen 2006). 2.2 Analyzing different types of violence4 Several theorists have stressed on the need to analyze different types of violence and its causes, in order to act preventively and curatively .According to Johan Galtung, violence can be direct, structural and cultural. These types of violence affect, intersect, and influence one another. 4. Galtung defines violence — be it structural, cultural or direct — as ‘the cause of the difference between the [human] potential and the actual, between what could have been and what is … When the potential is higher than the actual … when it is avoidable, then violence is present'.1 J Galtung, ‘Violence, Peace and Peace Research' (1969) 6(3) Journal of Peace Research 167,168–9. w w w .w orecnepal.org
  39. 39. 27 Violence against Women Year Book “Violence can start at any corner in the direct-structural- cultural triangle and is easily transmitted to the other corners. With the violent structure institutionalized and the violent culture internalized, direct violence also tends to become institutionalized, repetitive, and ritualistic, like a vendetta" (Galtung1990: 11). Direct violence is an event which may include physical, emotional or sexual acts of aggression; structural violence is a process which includes institutionalized oppression and exploitation; and cultural violence is an invariant permanence (Galtung 1990:394) in which permanent aspects of a culture support, encourage, generate or legitimate either direct or indirect violence. Stark, Flitcraft, and Frazier have defined structural violence as “the confiscation of someone's rights through the use of ideas" (Stark, Flitcraft, and Frazier 1979). Examples of direct violence against women include physical assault and verbal abuse. This is very common and takes place even for trivial reasons such as not preparing food for her husband in time, etc. Physical assault sometimes leads women to severe physical impairment and even drives women to suicide. A woman might decide to end her life when she is longer able to endure the situation mentally, emotionally and physiologically, and also unable to cope with pressure from the community. In a situation where women's voices are rarely heard, suicide is sometimes the only way of delivering their message. The distinction between direct and structural violence is that direct violence entails an identifiable actor causing intentional harm, while structural violence does not. w w w .w orecnepal.org
  40. 40. Violence against Women Year Book 28 Structural violence is an indirect as Galtung states, and is “built into structures and shows up as unequal power and consequently as unequal life chances"(171). Thus, structural violence both accompanies and is an underlying cause of direct violence. Structural violence is found in most, if not all, structures in society — social, political and economic. It is not an accident, but rather the outcome of human action which generates these systems in the first instance.5 Cultural violence is the core and facilitates all types of violence. Many aspects of culture, such as religion and ideology, language and arts, empirical science and formal science can be used to justify or legitimize direct or structural violence (Galtung 1990:196).6 Violence might be invisible to people, and people may not recognize it as violence because it has become a part of their life. This argument has been supported by the various case studies presented in the report. 2. 3. Gender-Based Violence Violence Against Women cannot be understood without investigating and raising questions about socially and culturally constructed categories of discrimination which interact on multiple and often simultaneous levels, contributing to systematic inequality. Oppression within society, such as that based on race, gender, ethnicity, religion, class, sexual orientation and disability do not act independently, instead, these forms of oppression mesh 5. K Ho, ‘Structural Violence as a Human Rights Violation' (2007) 4(2) Essex Human Rights Review 1, 4. 6. Johan Galtung, “ Cultural Violence: Journal of Peace Research, Vol. 27, No. 3 (Aug., 1990), pp. 291-305 w w w .w orecnepal.org
  41. 41. 29 Violence against Women Year Book in to create a system of oppression that reflects the intersections of multiple forms of inequity in a given society. Thus, in order to completely understand VAW, one must investigate the ways in which various structures, social processes and social representations or ideologies purporting to represent women from a particular group in society are shaped. Devaluing the woman, undermining her autonomy and silencing her protests have been manifestations of the violence. All forms of violence against women have a common denominator as they are all ‘sexual' violence-based on women's physical difference and social and economic subordination within families, societies and States (Sobrino,2006)7 . Sexuality becomes an integral component of gendered power relations that reach beyond the economic and political spheres to control women's behavior and maintain their subordination. The State and patriarchal structures have maintained women's subordination to the hegemonic masculine order by controlling the construction of gendered identities and prescribing rigid gendered roles8 . The discourse on women's rights in the context of Nepal is important but these rights are meaningless, especially for the poorest and most 7. Belen Sobrino, “Responding to ‘violence against women': how development policies address the issue of gender based violence", INSTRAW, 2006 8. Gender roles are “normative behaviors and attitudes which are expected from individuals, based on their biological sex, and which are often learned through the socialization process" (Ben-David & Schneider, 2005, p.386) w w w .w orecnepal.org
  42. 42. Violence against Women Year Book 30 disenfranchised who have no resources through which to operationalize and exercise these rights, such as personal security, social and economic justice, etc. It must be noted that ‘Anbeshi' does not intend to present ‘powerless' women as the survivors of gendered violence, nor is its intent to invoke the aberration of patriarchal norms. Rather, it attempts to engage in a discussion about addressing VAW from a feminist perspective in order to challenge and eliminate it. 2. 4. Types of Violence against women The Special Rapporteur on Violence Against Women has conceptualized violence against women in five spheres: violence within the family (including domestic violence and marital rape); violence in the community (including sexual assault; sexual harassment in the workplace and in educational institutions and trafficking for purpose of sexual exploitation); violence perpetrated or condoned by the State (including custodial violence, sexual assault during armed conflict and violence against refugee women) and; policies that impact violence against women (including socio-economic policies and reproductive rights); and lastly, instances where the State condones violence, that is, does not do anything to amend acts of violence.9 Violence gets reproduced over generations; most often without questioning or resistance. Some examples are: 9. Rashida Manjoo, Report of the Special Rapporteur on violence against women, its causes and consequences, “Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development",2010 w w w .w orecnepal.org
  43. 43. 31 Violence against Women Year Book coerced marriage, maltreatment from one's own family, in- laws or husband, and lack of rights with respect to divorce or child custody. Also, women's property rights are almost never enforced. This allows the perpetuation of various forms of domestic violence. Previous studies revealed find that domestic violence is used to establish and enforce gender roles, especially in the initial years of marriage (Azim 2001, Yasmin 2002). Men, frustrated by poverty and social expectations to provide for their families, also react with violent behavior. Thus, there is a need to explore how women's lives are shaped by the experiences of violence against them and how women's lives are shaped and constricted, as well as their coping strategies. 2. 5. VAW and International Scenario:10 VAW began to be integrated into international instruments only after the 1980s when it started to be recognized as a women's rights issue. Women rights issues gained momentum after the drafting of the Convention on the Elimination of Discrimination Against Women11 which described discrimination against women in political and civil life, economic, social and cultural life. After CEDAW was adopted 10. International conferences commonly adopt the title of their host cities. Thus, Beijing is now referred as the United Nations Fourth World Conference on Women in 1995; and Cairo symbolizes the 1994 International Conference on Population and Development. Vienna refers to the 1993 United Nations World Conference on Human Rights. 11. CEDAW is a United Nations treaty which monitors women's human rights issues. The Convention defines discrimination against women as “...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." http://www.un.org/womenwatch/daw/cedaw/ w w w .w orecnepal.org
  44. 44. Violence against Women Year Book 32 by the United Nations in 1979 and after its ratification by member countries, VAW drew international attention. (Radhika Coomaraswamy, 2005). In 1991, after consistent advocacy by women's rights activists, the CEDAW Committee formulated Recommendation 19 which articulated violence against women as ‘gender based discrimination'. It established that VAW was an intentional act directed towards women by those more powerful and thus linked the issue of VAW with unequal power relations. In the same context, the Vienna Convention12 in 1993 established that women's rights are human rights and in the same year, the United Nations General Assembly adopted the Declaration on the Elimination of Violence Against Women.13 This Declaration outlines the international legal instruments that protect a woman's right 12. CEDAW is a United Nations treaty which monitors women's human rights issues. The Convention defines discrimination against women as “...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." http://www.un.org/ womenwatch/daw/cedaw/ 13. “In particular, the World Conference on Human Rights (Vienna Convention) stresses the importance of working towards the elimination of violence against women in public and private life, the elimination of all forms of sexual harassment, exploitation and trafficking in women, the elimination of gender bias in the administration of justice and the eradication of any conflicts which may arise between the rights of women and the harmful effects of certain traditional or customary practices, cultural prejudices and religious extremism...Violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law. All violations of this kind, including in particular murder, systematic rape, sexual slavery, and forced pregnancy, require a particularly effective response." (Article 38) (http://www.unhchr.ch/html/ menu5/wchr.htm) w w w .w orecnepal.org
  45. 45. 33 Violence against Women Year Book to be free from violence and sets out the responsibilities of individual governments to ensure that these protections were enforced. In 1994, the United Nations Commission on Human Rights started appointing a Special Rapporteur on Violence against Women to collect comprehensive data and to recommend measures at the national, regional and international levels to eliminate violence against women. Likewise, in September 1995, at the United Nations Fourth World Conference on Women in Beijing14 , elimination of violence against women was the primary and unifying theme among women from countries all over the world. The Beijing Declaration and Platform for Action adopted at this conference also recognized violence against women as a violation of human rights and suggested strategies for its elimination. Subsequently, these instruments encouraged government and nongovernmental organizations to eliminate violence and to promote research on the nature and causes of VAW at regional and country level. 14. United Nations Fourth World Conference on Women in Beijing declared that" Violence against women is an obstacle to the achievement of the objectives of equality, development and peace. Violence against women both violates and impairs or nullifies the enjoyment by women of their human rights and fundamental freedoms…" (Paragraph 112) Strategic objective D.1 - Take integrated measures to prevent and eliminate violence against women. Strategic objective D.2 - Study the causes and consequences of violence against women and the effectiveness of preventive measures. Strategic objective D.3 - Eliminate trafficking in women and assist survivors of violence due to prostitution and trafficking. (http://www.un.org/womenwatch/ daw/beijing/platform/index.html) w w w .w orecnepal.org
  46. 46. Violence against Women Year Book 34 2. 6. VAW in Nepal Violence against Women is, disturbingly, a growing trend in Nepal. It manifests as a continuum and encompasses an array of abuses targeted at women and girls throughout their life cycles. The main form of violence experienced by women is within the family which includes physical, sexual and psychological abuse. According to records maintained by Anbeshi15 , there were 742 cases and 1184 cases of Violence against Women( registered in safe houses of WOREC) in 2008 and 2009 respectively. Such figures all likelihood understate the problem as VAW in many instances is not reported. In many instances there is no follow up for prosecution due to fear of ridicule or retribution and also due to an inefficient criminal justice system which does not guarantee protection or support to survivors and witnesses. The psychological and social consequences of violence can play out in myriad and unexpected ways. Although VAW has long been on the international agenda, it has only recently become important in the Nepali gender policy context, resulting in the passage of the Domestic Violence and Punishment Act 2065, accompanied by the declaration of BS 2067 (2010 AD) as Anti-VAW year. Although, now that there is a law against domestic violence, the State obligation should expand to protection of women in diverse family forms; and incorporate measures beyond prosecution of private actors to encompass further protection from violence, including provision of legal support and health, safety, and shelter requirements for the survivor; and to 15. Violence Against women Year Book published by WOREC w w w .w orecnepal.org
  47. 47. 35 Violence against Women Year Book develop the obligation to prevent VAW by addressing its root causes. The State should be careful not to equate DV to VAW and must define the broad range of women's experiences of violence within familial relationships and as well as outside, being cognizant of the multiple layers of discrimination that combine to heighten the vulnerability of women and their experience of violence. Equating DV with VAW will homogenize the diverse experiences of women, and fragment the experience of each individual woman by neglecting women experience of violence in the public sphere. w w w .w orecnepal.org
  48. 48. Violence against Women Year Book 36 CHAPTER III w w w .w orecnepal.org
  49. 49. 37 Violence against Women Year Book VAW DATA ANALYSIS AND FINDINGS It appears to be socially more acceptable to expose the suffering of survivors after the issue is highlighted publicly, for instance in the media. There has been rather less effort to understand and name the causes and human agency behind the survivorization. The fact that the discourse about survivors consistently displays the misery of the sexually abused or assaulted women's lives for public consumption but fails to address the social causes, leads to the reinforcement of the survivorization. Understanding the causes and context of VAW and examining how and why it continues to happen on a massive scale, emphasizes the need to question the structures of sexual inequality in our society, including the hierarchical relationships of race, class, and gender, in which VAW and inequality are inscribed. Thus, it is essential to understand VAW as an expression and reinforcement of women's social inequality. This also needs to be widely acknowledged in public discourses in order to change the situation. 3.1. Patterns of violence and prevalence rates Women's experiences of violence cannot be understood only by numbers or as isolated and finite events16 (Randell &Haskell,1995). Being physically and sexually violated is a ‘formative experience' which can have effects that resonate long after the event itself. CHAPTER III 16. Melanie Randall and Lori Haskell, “Sexual Violence in Women's Lives : Findings from the Women's Safety Project, a Community-Based Survey"Violence Against Women 1995 1: 6 w w w .w orecnepal.org
  50. 50. Violence against Women Year Book 38 As highlighted by Renu Rajbhandari in Anbeshi, 2008, before exploring the ‘possibilities of holistic paradigm shifts', it is important to highlight different paradigms that can serve as ‘empowering processes' for women suffering from violence. As Chassen has argued there are two paradigms which become relevant. One regarding political participation: the ‘supermadre' or super mother paradigm that ‘extends traditional sex roles into political sphere', and secondly the politicization of practical gender interests that leads to ‘alternative and revolutionary model of political participation (Chassen-Lopez,1997,3:4). These paradigms seek to form an ‘inclusionary space from the fusion of public and private and personal and political. (Chassen-Lopez,1997,2:4) In order to operationalise the broader goal of tackling violence against women, WOREC Nepal has consistently collected data on VAW. This has given it visibility and also contributed towards making it impossible to shrug off violence against women as a local, personal or isolated event. The intention here is not just mechanical documentation but to create a push towards making the State more responsible to prevent violence by formulating and implementing appropriate laws for VAW and also ensuring that all concerned parties address the complexities of this critical issue . 3.2. Magnitude of the problem: Cockburn (2004)17 and Moser (2001)18 have put forward that “gender-based violence is a continuum; violence that starts at 17. Cockburn, C. (2004). The continuum of violence: A gender perspective on war and peace. In Giles, W. and Hyndman, J., editors, Sites of Ciolence: Gender and Conflict Zones, pages 24{44. Berkeley: University of California Press. 18. Moser, C. (2001). The gendered continuum of violence and conict: An operational framework. In Moser, C. and Clark, F. C., editors, Survivors, Perpetrators, or Actors? Gender, Armed Conict and Political Violence, pages 30{52. Lodon: Zed Books. w w w .w orecnepal.org
  51. 51. 39 Violence against Women Year Book home is spread and connected to violence permeating to the street, community, country, and across continents." These spaces are inextricably linked, meaning that one cannot discount the role of the community or state in violence that occurs at home. It is the culture of impunity for acts of VAW that must be addressed. As will be made clear in the next section, it is not only on an individual level that manifestations of socially justified VAW occur, rather, the dominance of hegemonic patriarchal culture engenders and promotes violence, particularly against women, as acceptable across all societal levels.19 3.3. VAW and Five Development Regions Chart 3. 1: Cases of VAW collected from five Development Regions A total of 1594 cases were collected by WOREC Nepal for the purpose of analysis of VAW. The highest percentage of VAW was reported from the Eastern Development Region accounting Region of victim 11% 68% 2% 11% 8% Central Eastern Western Mid-Western Far-Western 19. “An enabling environment for marital violence is sustained through the collusion of state and religious ideologies, and hegemonic cultural construction of sexuality, gender and honour (Idrus and Bennet, 2003, pg. 38). w w w .w orecnepal.org
  52. 52. Violence against Women Year Book 40 for 68%, followed by Mid-western and Central Development Region with 11% each. (Chart 3.1) Likewise, the Far Western Development Region accounted for 8% and Western Development region accounted for 2% of cases. However, the percentage of reporting being highest from the Eastern Development Region is not only due to the prevalence of VAW in that particular region but also due to a number of other contributing factors such as, prevalence of support system that encourages reporting, better exposure of women and their access to education and other facilities encouraging women to seek justice. The Eastern and Central regions have better communication and support systems, wider access of media to these regions which continuously highlight cases of VAW. (Source: Anbeshi, Nepali). As stated in Anbeshi 2066, and as the collected data reveals, the greater number of cases from Eastern region may also be attributed to the existence of a Safe House20 established by WOREC Nepal in Morang and Sunsari. Previous studies by WOREC Nepal have also shown that the Women's Group affiliated to the same organization has proved to contribute to ‘empowerment'21 and leads to speaking up against injustice. The Women Human Rights Defenders (WHRDs) in the same region were also in a better position to advocate against the violation of women's rights. Similarly, Women's Empowerment Index (Annex: 1.2) indicates women's comparatively better position in these regions. Development aid has also been concentrated in these regions ( one important reason for this may be the fact that this region 20. *Note: Safe-house is a short-term relief measure from an acute episode and cannot alone address the larger problem of VAW. 21. Empowerment could be defined as ‘ a process that enhances the ability of disadvantaged (‘powerless') individuals or groups to challenge and change (in their favor) existing power relationships that pace them in subordinate economic. social, and political positions.'(Agrawal,Bina:1994,39) w w w .w orecnepal.org
  53. 53. 41 Violence against Women Year Book has contributed many past prime ministers and is also industrially very significant part of the country) resulting in various programs focusing on women which have to some extent provided political voice for women. Likewise, almost all progressive movements have gained momentum in the eastern region and people have been more aware of their rights and have raised voice against the strong feudalistic tradition and peasantry. Although feudalism got questioned patriarchy remained deeply rooted and neglected in the social movements. The Women's Empowerment Index (Annex: 1.2) gives a grim picture of the situation of women in these regions (Western and Far Western); which can be taken to mean that there are lot of cases of VAW. However, the lack of a support network and silence regarding VAW in the region contributes to underreporting. There is still a prevalence of feudalistic tradition which is evident by the presence of bonded labor/ (Haliya and Kamaiya) local name for one who ploughs and this contributes both to violence as well as underreporting. While both Bonded Labor System in Nepal(Haliya and Kamaiya)got abolished after two democratic movements22 the absence of proper rehabilitation package and plan for their rehabilitation and livelihood options were difficult and complicated. Although freed from the bondage situation they were not properly compensated with land ownership which led to further hardship and struggle. 22. Kamaiya system was abolished after the 1990 People's Movement( Jana Andolan) and Haliya system was abolished on 6 September 2008. w w w .w orecnepal.org
  54. 54. Violence against Women Year Book 42 Political leaders during the time were mostly feudal lords as well, and did not even attempt the enforcement and enactment of the abolition. Similar situations were repeated after abolition of Haliya system. The system got abolished but haliya still continue to work as before. (now even under more threats and abuses by the land lords), as they fear they will be further left with no options if they do not comply with their landlords. Women from both the groups are in more difficult situation.As women's body, production and even identity is considered their husbands/ fathers property, she has to offer her labor to the landlords under whom their husbands are kept as bonded labors. The ideology can be strongly seen to be internalized even in government abolition plan as Kamlari are not even identified as group entitled to receive the government package offered to Kamaiya's for their rehabilitation. Correspondingly the practice of untouchability is also very strong in this region and it has been observed that this region still maintains strong feudal modes of production and values; thus reinforcing the ground for patriarchy. As mentioned earlier, since development programs mainly focused in eastern part of the country these regions comparatively remained neglected. Maoist took the opportunity to ground their ideology and mobilize the marginalized section of the population to raise their voices for liberation through the notions of rights. Government strategy to control Maoist movement has militarized the region than it has helped people to get out from the poverty and exclusion. People were marginalized in w w w .w orecnepal.org
  55. 55. 43 Violence against Women Year Book this region since centuries and the present impact of war has further exacerbated their situation. The State's failure to focus on development of these regions may be serving to perpetuate traditional behavior norms, which could result in underreporting of cases of VAW (Anbeshi 2066). Due to slow and ineffective support mechanisms, women fear speaking out about VAW23 . Thus, the State and local governments need to create an adequate environment and effective support network through which survivors can come forward and obtain help and report cases of violence. Women face ingrained discrimination because of the patriarchal nature of society, and are further disadvantaged depending on their caste, ethnicity and geographic location. Women were therefore attracted towards joining the Maoist army which raised issues of social and cultural reform, including ending discrimination based on caste, ethnicity and gender. Women hoped to dismantle the old society and replace it with a progressive society that respected equal rights of women. However, instead of achieving equal status, ex-combatants are now confronted by traditional expectations that require them to revert to their previous subservient roles. Women 23. In Accham district, Policewoman Suntali Dhami was raped by her male colleagues in the police station. Three policemen were arrested but were not even condemned and punished for the case.Dhami, amist lot of challenges had to resign from her job and had to come to the capital for security reasons.She was not able to get justice as her case involved the security people who were able to get the necessary political support to appear not gulity.Thus,even when women dare to speak about the violence, their ‘voices' are silenced and ignored. Laxmi Bohara, aged 28, died on 6 June 2008, after her husband allegedly beat and poisoned her. Laxmi Bohara was a member of the Women's Human Rights Defenders Network (WHRDN) in Kanchanpur district .This, is another case, where women who dare to challenge and raise voice are constantly rebuked. w w w .w orecnepal.org
  56. 56. Violence against Women Year Book 44 who were treated as equals in the army are now facing rejection from their communities and struggling with traditional female roles. Family honor and women's sexual purity places an additional burden. “Many families believe that while their daughters were on the battlefield, they were with other men outside marriage - something that could bring shame to their family."24 Thus reintegration becomes a major hurdle for these woman as they constantly struggle to establish their own identity. When they were carrying arms, they felt powerful whereas now, they constantly feel disempowered. Since they were socialized in a different way, returning home after so many years creates confusion for them and their families. Even in so called progressive movements such as the Maoist revolution, women's participation in Maoist group was not free of patriarchal influence where women were sidelined in major decision making and treated as subservient. Women in the movement have suffered gendered and sexualized forms of violence and displacements by their own group members as well as by the army. 3.4. Types of Violence Even though acts of violence against women are perpetrated by individuals, socialization has a major impact on how gender-based violence gets learned as a behavior. Individual acts get strengthened overtly or tacitly through social institutions like the family, the community, and by the State, either through normative rules or by impunity.25 Acts of social 24. http://www.peacewomen.org/news_article.php?id=609&type=news 25. Towards Ending Violence Against Women in South Asia, Oxfam Briefing Paper, August 2004 w w w .w orecnepal.org
  57. 57. 45 Violence against Women Year Book violence are often committed by a group of individuals acting collectively and sharing common political and or religious ideology or beliefs. Women are often targeted at times of communal conflict, political struggle, and in caste-based violence. Present case studies and the cases in previous issue of Anbeshi also show that prevalence of violence in most instances is partially triggered by alcoholism and poverty. The socially constructed roles and responsibilities of men and women (along with established legal practices ( i.e. citizenship issue, even property rights) determines their differential access to various measures of economic, social and political power. This gender imbalance further defines the opportunities, voice, and ‘agency' of women, and domestic violence is often resorted to when women do not conform. Women who suffer from routine discrimination based on their sex leaves them impoverished and ill-equipped to challenge the practices that allow VAW to continue in more severe forms. This gets worsened when these women try to look for legal remedy but even by the responsible authorities are advised to stay within the boundaries of defined gendered roles to be safe and respected. Women thus internalize that it is their own fault and the violence perpetuated against her them is justifiedbecause of her own fault and reinforces her silence, maintaining cycle of Violence against her. The position of women in Nepali society primarily rests upon the social arrangement of the sexes and to some extent on age. This arrangement is held in place by socializing members of society in regard to norms, expectations and behaviors w w w .w orecnepal.org
  58. 58. Violence against Women Year Book 46 (Martin, 1995). Beyond the contextual and structural factors influencing violence against women, the social and cultural acceptance of traditional gender roles and age hierarchies play an important role in the prediction of violence toward women. Since women are relatively deprived of power and position, their insecurity manifests at all levels: personal, community, economic, and political.26 These limit the choices open for them ranging from mobility to demanding their rights. Women internalize marriage as a form of religious institution granting men the right to unconditional sexual access to their wives. Socialization of women in a patriarchal society leads them to accept that it is okay for men to maintain their power. According, to Nepal,demographic and health survery 2006, 23% of women and 22% of men aged 15-49 believe that a husband is justified in beating his wife for a number of reasons, such as burning the food, arguing with him, goes out without telling him, neglects the children and refuses to have sexual intercourse with him(p:xxvii)27 . Clearly, women in all age groups experience different forms of violence. However, since there are forms of violence that overlap and intersect, the following categorization has been done only to get the larger picture of this complex subject. 26. Charlotte Bunch and Roxanna Carillo, “Global Violence against Women: The Challenge to Human Rights and Development" in Michael Klare and Yogesh Chandrani (eds.), World Security: Challenges for a New Century, third edition (New York: St. Martin's Press, 1998), p. 230. 27. Nepal Demographic and Health Survey, 2006,Population division, Ministry of Health and Population. w w w .w orecnepal.org
  59. 59. 47 Violence against Women Year Book Chart 3.2. : Types of Violence Refer to Annex: 1.3. Types of Violence ,for the explanation of the categories. Chart 3.3. VAW According to Perpetrators *Note: Refer to Annex.2.1 for explanation on the types of violence. Data from Annex 1 Table 2 Type of event 60% 9% 4% 3% 2% 21% 1% Domestic violence Rape Murder Sexual abuse Trafficking Social violence Other w w w .w orecnepal.org
  60. 60. Violence against Women Year Book 48 Violence is often the response when women resist gender norms, and often even when there is no such resistance. Others factors such as poverty and economic instability and men experiencing “crisis of masculinity", as analyzed by UNIFEM, may threaten men's traditional roles and rather than finding alternate roles, men assert their masculinity through the use of violence. As evident from the Charts 3.1 and 3.2 DV accounts for 60% of the total cases of violence, followed by social violence (21%) and rape (9%) . Interestingly, Chart 3.2 also shows that husbands and family members are the major sources of violence in a domestic setting, while neighbors and unidentified others predominate in social violence . In the case of rape and murder, there is a mix of family members, neighbors and unidentified others. In the case of murder husbands dominate followed by family members, neighbors and others (Chart 3.2). Similarly among the perpetrators of violence, husbands account for 43.2% of all perpetrators followed by neighbors (27.4%) and family members (22.6%) with others accounting for 6.8% (Table 2). It should be pointed out that the figures for 2066 show similar patterns (Anbeshi 2066). A number of reasons can influence reporting, like changes in laws regarding a particular issue; existing support system to deal with the issue (feminist organizations, provision of safe house and counseling service), the perceived social and w w w .w orecnepal.org
  61. 61. 49 Violence against Women Year Book political change(leading women to speak up against injustice); the degree of stigma related to the issue; willingness to report, related risk of reporting, the level of empowerment of women in the particular community and awareness of their rights. The survivors struggle not only with how the assault has directly affected them, but also on how it could affect those close to them. In the next chapters, all the types of violence against women and their associated characteristics are discussed separately. w w w .w orecnepal.org
  62. 62. Violence against Women Year Book 50 CHAPTER IV w w w .w orecnepal.org
  63. 63. 51 Violence against Women Year Book VAW BY TYPE OF PERPETRATORS 4.1 Domestic Violence (DV) Chart 4.1. Domestic Violence by Type of Perpetrators Source : Annex 2 , Table 2 Out of the total 1594 cases collected by WOREC Nepal, DV accounts for a total of 967 cases (61%). This means that domestic violence is the single biggest category of VAW, followed by social violence (21%), rape (9.4%) . According to Chart 4.1, husbands (67.5%) and family (32.5%) account for all perpetrators of domestic violence. DV includes violence that takes place in one's own home: battering, polygamy, allegations of witchcraft and torture; character assassination, dowry-related abuses, denial of food and lodging and other forms of discrimination and mental torture. DV is also common in child marriages where women are supposed to assume responsibilities and handle Chapter IV w w w .w orecnepal.org
  64. 64. Violence against Women Year Book 52 situations for which they are physically and psychologically unfit, in situations where they rarely have any say in when and whom to marry. When married they further have none or limited autonomy as they are often much younger than their spouses. Various researchers have pointed out that domestic violence is highly correlated with stressful gender relations in which males persistently try to maintain their authority. Men often resort to physical violence against weaker female partners to reinforce the patriarchal power of the household and force the female partner to behave according to their expected gender roles (Adler,2003) It is important to note that women suffering from domestic violence come from all groups, classes, ages, and geographical areas. (Anbeshi, 2066). When there is a disjunction between the expected and actual behaviors of women, many men resort to physical violence (Stark and Flitcraft,1996). Women stay in abusive relationship mostly due to the risk of martial breakdown leading to economic hardships. Other associated factors include concern for their children and ideologies associated with marriage. When women move out of their homes, they are vulnerable to abuse and rape. This fear makes women weigh the cost associated with staying within the abusive household or moving out. w w w .w orecnepal.org
  65. 65. 53 Violence against Women Year Book From Violence Within the Home to Trafficking and Sexual Violence Nisha comes from a Dalit family. She was married very young and was deprived of basic education due to a severe financial crisis in the family. Her husband is an alcoholic rickshaw driver. He used to beat her up every day. They have a son together. Unable to bear the torture she left her husband's house and came to live withherparents.Duetofurtherfinancialdifficulties,shestartedwashing dishes in an old lady's home. There, the lady suggested that she go abroad to earn money. She came in contact with a broker who told her that she could go abroad and work despite not being literate. She had no money even to make a passport, which was provided by the broker who also bore all the related expenses. She was then taken to Delhi along with two other girls, where they were put up in a hotel. After four nights she was taken to Lebanon where a man had come to pick her up from the airport. She had to do household chores everyday and was required to have sexual relations with him. She started crying and pleading with the man to let her go back to Nepal. She was taken to an office where three other men beat her up. She met a Nepali woman at the office who helped her to contact the police. The police helped her to return to Nepal. The survivor is now in the safe hands of WOREC Nepal. The Last Straw Sanju, a new mother, was a survivor of severe domestic violence and suffered physical and mental torture time and again. She suffered mental torture from her in-laws because she was not able to bring enough dowry to satisfy their greed. For five years she did not have any children and was abused for this reason. Her husband didn't give her enough money even for basic necessities and she had to plead for things she needed to take care of her son. One day when she asked for baby soap to bathe her three-month-old son, she was beaten on her head with the wooden stool on which her husband was sitting. Sanju was neglected by the family members. Although she hesitated to report domestic violence, this time she was determined to get justice. She contacted WOREC Nepal for support and got the necessary assistance. w w w .w orecnepal.org
  66. 66. Violence against Women Year Book 54 4. 2. Social Violence The second most frequent type of violence is social violence. A total of 328 cases or 21% of the total VAW was under this category. 81.8% of social violence was perpetrated by neighbors while 19% was by others (62 of 328 cases) (Chart 4.2). The fact that there is no reporting of social violence by the husband and family may be the result of the definition of social violence, that is, violence outside the family. The fact that almost 19% are reported to be others1 or unidentified persons clearly underscores the need for a more detailed understanding of social violence. Social violence includes discriminatory practices based on caste, acid spraying, labor exploitation, allegations of witchcraft, threats, verbal abuse, character assassination and feeding of urine and feces. It is not surprising that women from marginalized groups are more often the survivor of allegations of witchcraft since they have less power in the social hierarchy. Most have meager economic means and thus lower status in society which in turn leads to survivorization and allegations of witchcraft. These allegations are not an isolated event but usually follow many instances of physical, sexual and/or verbal abuse. It is interesting to note that such allegations are mostly linked to gender based factors such as, sense of supremacy; traditional opinions on the role of each family member; issues regarding land ownership, etc. w w w .w orecnepal.org
  67. 67. 55 Violence against Women Year Book Chart 4.2 Social Violence by Type of Perpetrators There is an increasing incidence of women claiming their economic rights and allegations of witchcraft. This phenomenon is particularly prevalent among Dalit communities. Women's right to maintenance of her own land has been interpreted within the community as going against the established gender norms. The use of violence in this regard is one way of preventing women from exercising their land rights. Most often these cases involve widows lacking ‘protection' from powerful relations. Accusers are close relatives who stand to gain materially (Kelkar and Nathan, 1991, quoted in Agrawal) state that, ‘if the woman accused of witchcraft is driven out of the village, she can usually find a job as a domestic servant in a nearby village, suggesting that the real reason for the accusation was not a fear of her evil influence, as popularly claimed, but an intent to deprive her of her usufructory rights in land'. Agrawal concludes by stating that w w w .w orecnepal.org
  68. 68. Violence against Women Year Book 56 the concern in these instances appears not merely as economical but also ideological, involving male fears of how gender relations might be altered if women start exercising Land disputes and Witchcraft RamSharan(namechanged)isafarmerandhasbeensellingvegetables since the last 20 years. Mandal arrived from India three years back and since his arrival has been on bad terms with Ram Sharan's family regarding land ownership. Ram Sharan's family has been accused of practicing witchcraft ever since the strain in their relationship began. Ram Sharan wife was accused of killing Mandal's buffalo calf and causing bloody diarrhea to Ramesh's 10 year old son by witchcraft. Most of Mandal's relatives were convinced that Ram Sharan's wife had indeed used witchcraft. The whole family got together with sticks and decided to go to Ram Sharan's house and confront his wife. Once they reached his house they started shouting at Ram Sharan's wife and accusing her of witchcraft. The crowd got aggressive and violent and startedseverelybeatingandabusingRam'swifewithsticks,evenhurling the three- year- old child that was on her lap. Ram Sharan did whatever he could to stop the beating but was barraged with sticks himself. Ram Sharan's eldest son with the help of a neighbor informed the police about the incident. When the aggressive crowd found out that the police was arriving soon, they started fleeing and in the process, some of them got hurt. Once the police arrived, the situation was under controlandRamSharanimmediatelytookhiswifetothenearbyhospital for treatment in the police van. Ram Sharan filed a case against Mandal and his family with the local police. w w w .w orecnepal.org
  69. 69. 57 Violence against Women Year Book 4.3. Rape Rape accounts for the next highest category of VAW. In all, 150 cases (9.5%) were reported.28 Neighbors are responsible for 66% of the reported cases, others and unidentified (18%), while family members (14%) and husbands (2%) combined are also responsible for about 16% of reported rape cases (Chart 4.3). There is a very little reporting of rape by husbands. Inadequate understanding of marital rape could be an important factor behind this low figure. Chart 4.3. Rape by Type of Perpetrators In understanding the context of rape, it is important to analyze who the perpetrators are. The findings here contradict the still pervasive myth that it is dangerous unknown men (strangers) who are most likely to sexually assault women. In fact, the findings of this research and previous Anbeshi 28. The real number of survivors is undoubtedly much higher than this estimate, as it takes into account only those women and girls who reported. w w w .w orecnepal.org
  70. 70. Violence against Women Year Book 58 research indicate that the greatest risk of rape against women comes from men they know, often intimately. This is a very disturbing aspect of rape as the rape survivor in such instances may find it very difficult to seek justice as it could mean going against one's own people, sometimes even close relations. Instead of support the rape survivor may be pressurized to accept what has happened. Similarly there have also been instances when the people who are meant to protect these women may support the perpetrators, usually for a bribe. ‘Survivor-blaming' is common. Families rarely talk about the rape of their young daughters; when the rapist is a father or a brother, the likelihood of reporting is even lower. Mothers often suppress the event, not only because of shame and outrage, but also out of fear of reprisals from their husband, son or other relatives. In instances where a mother is able to lodge a complaint against the rapist, it is hard for her to prove that a father has sexually assaulted his own daughter. Often, the revelation can bring further harm to the mother and the daughter. Case studies have also revealed that perpetrators of rape especially in the case of Dalit women are often men from privileged background against whom locals are reluctant to bring any case. Fear of public humiliation, beatings, and rape keep Dalit women silent. For Dalits, even simple acts like drinking from a public well or walking through an upper-caste neighborhood can evoke violent reactions and sometimes these simple acts can become life-threatening. Their voices and protests are almost invisible. It should be noted that majority of the crimes against Dalit women (especially rape) do not get reported to the police for the fear of social ostracism and threat to personal safety and security. w w w .w orecnepal.org
  71. 71. 59 Violence against Women Year Book While the subject of violence in times of conflict is too broad to be thoroughly addressed here, it is important to note that culturally justified rape occurs during both peace time and times of conflict. Women face increased violence in public as well as private sphere (domestic violence) which intensifies during times of armed conflict.29 Our research also suggests that domestic violence has continued to intensify after the conflict and is worse than it was during the conflict. Unstable post-conflict economy has increased economic marginalization and hardship for women in numerous ways. Men have migrated to different places and women have been responsible for compensating for the loss of income by engaging in income generating activities (mostly in informal economic sector) in addition to the usual subsistence roles. A sudden increase in poverty and lack of economic opportunities have increased women's vulnerability to trafficking and sexual slavery. Rape of women has always taken place during times of conflict, but only recently have attempts been made by feminist organizations to document this phenomenon and analyze its causes and consequences, as well as seek formal redress at the international level. Women experience all forms of physical, sexual and psychological violence before, during, and after periods of conflict, perpetrated by both state and non-state actors motivated by military and political objectives. Violence in these instances is used as a deliberate tactic of war, as a form of torture, to inflict injury, to extract information, 29. Gender Approaches In Conflict and Post-Conflict Situations, United Nations Development Programs, 2002 w w w .w orecnepal.org
  72. 72. Violence against Women Year Book 60 to degrade and intimidate, and to destroy communities (Bauer and Helie, 2006; Chilendi, 2008)30 . Father turns Rapist Ridhi Raj Tripathi of Nuwakot, used to beat his daughter, sexually molest her and had threatened to kill both her and her mother, if she told anyone about it. According to a witness, the survivor had resided in her friend's home after her father raped her just three days before her Grade 9 exams. 4.4 . Murder Murder was reported in 60 cases and represented a relatively small proportion (3.7%) of the total VAW cases. 48.3% (or 29 of 60 cases) of all reported cases of murders, are committed by husbands, 23.3% (or 14 cases) was committed by other family members and 15% (or 9 cases) was committed by neighbors ( Chart 4.4 ). 30. Bauer, J. and H_elie, A. (2006). Documenting Women's Rights Violations by Non- State Actors. Rights and Democracy, Women Living Under Muslim Laws. Chilendi, J. (2008). Violence against women in conflict and post conflict situations. Paper presented to VI Africa Development Forum, 18-21 November 2009. Addis Ababa, Ethiopia. w w w .w orecnepal.org
  73. 73. 61 Violence against Women Year Book Chart 4.4 . Murder by Type of Perpetrators Since one form of violence leads to the other, murders in most instances may be committed after other types of VAW activities such as physical/mental torture. Dowry has been the commonly cited reason for murder; and in most cases rape has preceded murder. Families weigh the cost and benefit of marrying early vis a vis marrying late, a decision which tends to influence the amount of dowry paid. Thus there is a need for families to understand the negative consequences of early marriage which is likely to increase VAW. In cases of crime (specifically rape and murder) committed by army, police and armed forces the details of the case are not available, due to political and other factors. w w w .w orecnepal.org
  74. 74. Violence against Women Year Book 62 Getting Away with Murder Murti Devi's husband used to beat her up regularly. He ultimately beat her to death. Her husband went into hiding, and no one has helped her family to file a case against him. It came to light that the villagers themselves had helped the murderer to escape, and have not been allowing the case to proceed. The case appears to be mysterious as Murti Devi was a survivor for a long time, but none of the arms of the State had come to her aid. 4.5. Sexual Abuse Sexual abuse accounts for 42 cases (3%) of the total reported cases of VAW. 78.6% (33 of 42 cases) of sexual abuse is committed by neighbors. Husbands, other family members, and other/unidentified individuals account for 4.8% (2 cases), 7.1%(3 cases), 9.5% (4 cases) of sexual abuse respectively (Chart 4.5). w w w .w orecnepal.org
  75. 75. 63 Violence against Women Year Book Chart 4.5. Sexual Abuse by Type of Perpetrator Limited educational status, restricted mobility and lack of exposure to the outside world confines women to their home and its periphery. Beyond their immediate families, women come in contact with their neighbors. Although most of the cases of sexual abuse i.e. pedophilia, rape and molestation and incest, go unreported, a number of those that are reported are enough to indicate the type of violence present in our society. Families rarely talk about the rape of their young daughters; when the rapist is a father or a brother, the likelihood of reporting is even lower. Mothers often remain silent, not only because of shame and outrage, but also, as mentioned above, out of fear of reprisal by their husband, son or other relatives. w w w .w orecnepal.org
  76. 76. Violence against Women Year Book 64 Lone Woman is Easy PreyMina Kumari Rajbanshi (name changed)a 30-year-old woman residing in Morang District, VDC 4 ,is a survivor of an attempted kidnap.On the evening of 2066/04/21, Sukul Prasad Rajbansi, Mina Kumari's neighbor entered her compound and called out to her saying that her husband (who was out of the country) had called up Mina on his mobile phone. At that time, Mina was sleeping with her children and as she heard Sukul Prasad calling her name, she silently slipped out of bed and went outside. Sukul said that she would have to wait a little longer for her husband to call once more. Sukul requested Mina to bring a carpet to sit on as the floor was cold. As Mina brought out the carpet, Sukul requested Mina to sit down nexttohimbutMinasaidshewascomfortablestandingup.Suddenly, Sukul grabbed her hands and forced her to sit down beside him. Mina started crying for help, trying to free herself from Sukul's grasp. Realizing that her shouting had woken up the neighbors, Sukul immediately fled from the scene.Here, we can see that men attempt to take advantage of a woman just because she does not have a husband at home to protect her. The state has not been able to guarantee safety either to the individuals going abroad to work nor their dependants at home. 4.6. Trafficking Regarding trafficking of women, the data reveals that the highest number of cases (64.5%) (20 of 31 cases) is carried out by neighbors, followed by family members . (19.4%), other unidentified people (12.9%) and husbands (3.2%) (Chart 4.6). w w w .w orecnepal.org

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