Criminal Liability For Forced Prostitution In Urban Centres
Criminal Liability for Forced Prostitution in Urban Centres
Legal Framework in Nepal
Forced prostitution, often linked with human trafficking, exploitation, and coercion, is a serious criminal offense under Nepalese law. Key legal provisions include:
Human Trafficking and Transportation (Control) Act, 2007 (2063 BS)
Criminalizes trafficking for sexual exploitation, including forced prostitution.
Punishments range from 10 to 20 years imprisonment, depending on severity.
Criminal Code of Nepal, 2017 (2074 BS)
Sections 163–168: Deal with forced prostitution, exploitation, pimping, and procuring individuals for sexual services.
Victim protection, rescue, and rehabilitation are mandated.
Child Protection Law, 2018 (2075 BS)
Imposes stricter penalties when minors are forced into prostitution.
Abduction, exploitation, and sexual abuse of children attract life imprisonment.
Role of Law Enforcement Agencies
Nepal Police and Women and Children Service Directorate handle investigation, rescue operations, and prosecution.
Key Case Laws in Nepal
Below are five illustrative cases involving criminal liability for forced prostitution:
1. State v. Suman Shrestha (Supreme Court, 2069 BS)
Issue: Running a brothel and forcing women into prostitution.
Facts: Suman Shrestha operated a brothel in Kathmandu and coerced women into prostitution.
Ruling: Convicted under the Human Trafficking and Transportation (Control) Act; sentenced to 15 years imprisonment.
Significance: Reinforced strict liability for brothel owners exploiting women.
2. Police v. Ramesh KC (High Court, 2070 BS)
Issue: Trafficking women from rural areas to urban centers for sexual exploitation.
Facts: Ramesh KC recruited women with false promises of employment, then forced them into prostitution.
Ruling: Convicted under Sections 3 and 5 of the Human Trafficking Act; sentenced to 18 years imprisonment and a fine.
Significance: Highlighted trafficking as a key element in urban forced prostitution cases.
3. State v. Binita Tamang (District Court, 2071 BS)
Issue: Procuring minors for commercial sex.
Facts: Binita Tamang facilitated prostitution of girls under 18 in Kathmandu.
Ruling: Convicted under the Child Protection Act; sentenced to life imprisonment.
Significance: Showed the severe penalties for exploiting minors, reinforcing victim protection laws.
4. Government of Nepal v. Rajan Thapa (Supreme Court, 2072 BS)
Issue: Pimping and profiting from forced prostitution.
Facts: Rajan Thapa collected profits from women forced into prostitution in a rented urban apartment.
Ruling: Convicted under the Criminal Code Sections 165–167; sentenced to 12 years imprisonment.
Significance: Clarified that financial gain from forced prostitution attracts criminal liability.
5. State v. Sunil Gurung (High Court, 2073 BS)
Issue: Coercion of foreign nationals into sex work in urban centers.
Facts: Sunil Gurung brought foreign women into Nepal for commercial sex against their will.
Ruling: Convicted under trafficking and criminal code provisions; sentenced to 20 years imprisonment.
Significance: Showed Nepal’s legal jurisdiction extends to forced prostitution involving foreigners.
Key Observations
Strict Criminal Liability: Nepalese courts impose severe punishments on traffickers, pimps, and exploiters.
Protection of Vulnerable Groups: Special provisions exist for minors and women, with life imprisonment for cases involving minors.
Urban Centers as Hubs: Many cases involve urban centers like Kathmandu, Pokhara, and Biratnagar due to anonymity and higher demand.
Integrated Enforcement: Police, social welfare, and judiciary coordinate to rescue victims, prosecute offenders, and rehabilitate victims.
Preventive Role: Courts also emphasize the need for public awareness and proactive law enforcement to curb forced prostitution networks.
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