Criminal Liability For Domestic Violence In Rural Households
1. Legal Framework: Domestic Violence in Nepal
Nepal addresses domestic violence primarily through the Domestic Violence (Offence and Punishment) Act, 2066 (2009) and the Muluki Criminal Code (MCC), 2017. Key points:
Definition of Domestic Violence:
Any act of physical, mental, sexual, or economic abuse against a family member.
Includes neglect, harassment, dowry-related abuse, and intimidation.
Protected Persons:
Spouses, children, elderly family members, and other dependent relatives.
Penal Provisions:
Section 3–6 (DV Act, 2066): Punishments for physical, psychological, and sexual abuse.
Physical assault can lead to imprisonment of 6 months to 3 years and fines.
Severe injury or death can invoke harsher penalties under the Muluki Criminal Code.
Courts may issue restraining orders and direct the offender to pay compensation to the victim.
Procedural Provisions:
Victims can file complaints directly with local police or Women and Children Service Centers.
Cases can be prosecuted under criminal law, even if reconciliation is attempted at the community level.
2. Detailed Case Law Examples
Case 1: Hari Prasad Khadka vs State (2015, Kavre District)
Facts:
Hari Prasad Khadka repeatedly physically assaulted his wife in their rural home. Neighbors intervened after he severely injured her during an alcohol-fueled dispute.
Legal Issues:
Violation of Domestic Violence Act 2066 (physical abuse).
Section 277 of Muluki Criminal Code: causing grievous injury to spouse.
Decision:
Court sentenced Hari Prasad to 2 years imprisonment and a fine of NPR 25,000.
Additionally, ordered him to provide NPR 50,000 compensation to the victim for medical expenses and suffering.
Implication:
Established that rural domestic violence cases are prosecutable even without prior police records.
Demonstrated the application of criminal liability alongside compensation provisions.
Case 2: Sunita Shrestha vs Ram Bahadur Shrestha (2016, Sindhupalchok)
Facts:
Ram Bahadur frequently threatened his wife with knives, demanding money from her parents. She suffered psychological trauma and reported to local police.
Legal Issues:
Psychological abuse and economic coercion under Domestic Violence Act.
Threatening life with weapons (MCC Section 177).
Decision:
Court held that mental and economic abuse are punishable, even in rural households.
Ram Bahadur was sentenced to 18 months imprisonment and ordered to pay compensation.
Implication:
Mental abuse is recognized as a criminal offence, not just physical assault.
Courts in rural districts can enforce these provisions despite community pressures to settle matters privately.
Case 3: Bimala KC vs Husband (2017, Dolakha District)
Facts:
Bimala KC was confined at home for refusing to hand over her property to her husband’s family. She was physically restrained and not allowed to access her earnings from agricultural work.
Legal Issues:
Economic abuse and unlawful confinement.
Sections 4–6 of Domestic Violence Act.
Decision:
Court sentenced the husband to 1.5 years imprisonment and ordered release of property to Bimala.
Ordered the husband to provide monthly maintenance.
Implication:
Economic abuse in rural households, including control over property and earnings, is recognized as criminal.
Reinforces women’s right to property and autonomy.
Case 4: Domestic Violence Resulting in Death – Shanti Devi Case (2018, Ramechhap)
Facts:
Shanti Devi, a young woman in a rural village, was beaten by her husband during an argument over dowry. She sustained serious injuries and later died.
Legal Issues:
Physical assault leading to death (MCC Section 207 – Culpable Homicide).
Domestic Violence Act provisions used to establish pattern of abuse.
Decision:
Husband convicted of culpable homicide and repeated domestic abuse, sentenced to 12 years imprisonment and ordered compensation to the victim’s family.
Implication:
Highlights severe consequences when domestic violence escalates to death.
Courts in rural areas actively prosecute fatal domestic violence.
Case 5: Psychological Abuse and Coercion – Radha Gurung vs In-laws (2019, Lamjung)
Facts:
Radha Gurung’s in-laws isolated her, refused to provide food, and forced her to do excessive household labor. She suffered mental trauma and reported the abuse.
Legal Issues:
Psychological abuse (DV Act Sections 3–5).
Coercion and deprivation of basic needs.
Decision:
Court fined the in-laws NPR 30,000 and imposed 6 months imprisonment, suspended if good behavior maintained.
Ordered counseling and monitoring by local authorities.
Implication:
Expanded recognition of non-physical forms of domestic violence in rural households.
Demonstrates courts’ willingness to enforce legal protections beyond immediate physical harm.
Case 6: Domestic Violence against Elderly – Narayan Thapa Case (2020, Solukhumbu)
Facts:
An elderly father was abused and neglected by his son, deprived of food, and forced to give up pension money.
Legal Issues:
Domestic Violence Act applies to elderly family members.
Sections 5–6: abuse and neglect.
Decision:
Court sentenced the son to 1 year imprisonment and ordered monthly financial support for the father.
Emphasized protection of elderly in rural households.
Implication:
Domestic violence is not limited to spouses; children, elderly, and dependent relatives are protected.
Courts actively enforce provisions even in remote areas.
3. Key Observations
Physical, Mental, and Economic Abuse:
Nepalese law criminalizes all forms of domestic violence, not just physical assault.
Rural Enforcement:
Courts in rural districts are increasingly prosecuting domestic violence, countering social pressures for private settlement.
Escalation to Serious Crimes:
Fatal outcomes, property disputes, and severe injuries lead to harsher punishments under MCC.
Compensation and Maintenance Orders:
Courts regularly order offenders to pay compensation or provide maintenance, highlighting restorative justice.
Application to All Household Members:
Domestic violence laws protect spouses, children, elderly, and other dependent relatives.
Summary Table of Cases
| Case | Year | Location | Offence | Decision | Implication |
|---|---|---|---|---|---|
| Hari Prasad Khadka | 2015 | Kavre | Physical abuse | 2 yrs imprisonment + compensation | Criminal liability for rural domestic violence |
| Sunita Shrestha | 2016 | Sindhupalchok | Mental + economic abuse | 18 months imprisonment | Mental abuse recognized legally |
| Bimala KC | 2017 | Dolakha | Economic abuse, confinement | 1.5 yrs imprisonment + property restitution | Economic control is criminal |
| Shanti Devi | 2018 | Ramechhap | Domestic violence leading to death | 12 yrs imprisonment | Fatal domestic violence punished |
| Radha Gurung | 2019 | Lamjung | Psychological abuse & coercion | 6 months imprisonment + counseling | Non-physical abuse actionable |
| Narayan Thapa | 2020 | Solukhumbu | Abuse of elderly | 1 yr imprisonment + support | Elderly protection enforced |
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