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

Violence against Women Year Book
"Anbeshi"
Status and Dimension of Violence
against Women, Reality Revealed
2010
WOREC
Balkumari, Lalitpur
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"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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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).
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 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%).
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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
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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
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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
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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
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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
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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.
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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¿ -$#%_, To;kl5 l5d]sL -@&%_ /
kl/jf/ -@#%_ lyP eg] cGo hDdf ^=*% lyP .
>Ldfgx¿ / kl/jf/sf ;b:ox¿ 3/]n' ;+/rgfleq
lx+;fsf k|d'v ;|f]tx¿ /x]sf] tyf l5d]sLx¿ / klxrfg
gePsf cGo JolQmx¿ ;fdflhs l+x;fsf d'Vo cleo'Qm
/x]sf] kfOof] . anfTsf/ / xTofsf] 36gfdf kl/jf/sf
;b:o, l5d]sL / klxrfg gePsf cGosf] ;+nUgtf
ldl>t b]lvof] . xTofsf] 36gfdf >Ldfgsf] e"ldsf
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k|wfg / To;kl5 l5d]sL / cGosf] ;+nUgtf /x]sf]
b]lvof] .
 w]/} h;f] x'g] dlxnf la?4sf] lx+;fsf] bf];|f] k|sf/df
;fdflhs lx+;f kb{5 . ;fdflhs lx+;fsf hDdf #@*
j6f 36gfx¿ lyP . o;df *!=*% l5d]sLx¿af6 /
!( % cGoaf6 ePsf] kfOPsf] lyof] .
 anfTsf/ dlxnfdfly x'g] lx+;fsf] t]];|f] k|sf/ xf] . o;
cGtu{t hDdf !%) j6f 36gfx¿ ;+slnt ePsf]
kfOof] . of] lx+;fsf] ^^ % 36gfsf cleo'Qm l5d]sL /
!*% 36gfsf cleo'Qm cGo / klxrfg gv'n]sf
JolQmx¿ lyP eg] kl/jf/sf ;b:ox¿ -!$%_ /
>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
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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 – $^ jif{ eGbf a9L pd]/ ;d"xsf
lyP . oL tYofÍx¿n] s] /x:of]b3fl6t u/]sf 5g eg]
% hgf k|efljtx¿dWo] # hgf #% jif{eGbf sd pd]/
sf 5gÙ anfTsf/af6 k|efljt ;a} (Ü g} #% jif{
d'lgsf lyP .
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 xTof ePsfx¿dWo] ;a}eGbf w]/} k|ltzt @^–#% / !^–
@% pd]/ ;d"xsf lyP, / To;df ljjflxtf dlxnfx¿
;a}eGbf a9L k|efljt lyP .
 a]rljvgsf 36gfaf/] Psbd} sd lx+;f k|efljt
dlxnfx¿n] atfPsf 5g / ()Ü eGbf a9L 36gfx¿
af/] #% jif{eGbf sd pd]/sf dlxnfx¿n] atfPsf
5g .
#= lzIff / dlxnfdfly lx+;f#= lzIff / dlxnfdfly lx+;f#= lzIff / dlxnfdfly lx+;f#= lzIff / dlxnfdfly lx+;f#= lzIff / dlxnfdfly lx+;f
 ;+slnt s"n 36gf -!%($_ 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
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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 / $=%Ü xTofaf6 k|efljt ePsf]
kfOof] .
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 lx+;f k|efljt s"n dlxnfx¿dWo] !%=@Ün] cfˆgf] k]zf
>d dhb'/L ePsf] atfP . of] k]zfsf lx+;f k|efljt
dlxnfx¿dWo] %*Ü n] 3/]n' lx+;faf6, @%=^Ü n]
;fdflhs lx+;faf6 / *Ü n] anfTsf/af6 k|efljt
ePsf] atfP .
 lx+;f k|efljt s"n dlxnfx¿dWo] %Ü n] cfˆgf] k]zf
Jofkf/ ePsf] atfP . oL dlxnfx¿df klg cGo k]zfsf
dlxnfx¿df em}+ 3/]n' / ;fdflhs lx+;f g} a9L x'g]
u/]sf] tyf xTof / of}g b'Jo{jxf/ klg x'g] u/]sf]
kfOof] .
 cfkm"n] s]xL gu/]df dlxnflj¿4sf] lx+;faf6 d'lQm
kfOG5 eGg] ;f]rfO unt xf] . cfkm"n] s]xL gu/]sf]
atfpg] dlxnfx¿ klg ljleGg k|sf/sf lx+;faf6 k|efljt
x'g] u/]sf] kfOof] . cGo ;d"xx¿sf] t'ngfdf o;
;d"xsf dlxnfx¿df 3/]n' / ;fdflhs lx+;feGbf
anfTsf/sf] 36gf cToflws -$%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]/} -^$Ü_ dfgl;s
c;/ k/]sf] kfOof] eg] To;kl5 qmdzM zf/Ll/s
-@#Ü_, ;fdflhs -&Ü_ / cfly{s -^Ü_ c;/x¿ k/]sf]
kfOof] .
&= lx+;f k|efljtx¿sf] hftLotf&= lx+;f k|efljtx¿sf] hftLotf&= lx+;f k|efljtx¿sf] hftLotf&= lx+;f k|efljtx¿sf] hftLotf&= lx+;f k|efljtx¿sf] hftLotf
 lx+;f k|efljt s"n dlxnfx¿dWo] ;a}eGbf w]/} -@!Ü_
t/fO hghftLsf dlxnfx¿ k|efljt ePsf] kfOof] .
To;kl5 qmdzM kxf8] hghftL -!&Ü_, t/fO{ u}/blnt
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-!^Ü_, If]qL -!!=$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
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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/]/
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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 .
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CHAPTER I
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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
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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.
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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.
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CHAPTER II
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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
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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.
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“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.
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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
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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)
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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
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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/
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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)
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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)
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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
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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.
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CHAPTER III
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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
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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.
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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).
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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)
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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.
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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
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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.
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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
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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
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(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.
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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
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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
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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.
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CHAPTER IV
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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).
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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.
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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).
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