Criminalization Of Honor Killings And Its Enforcement Challenges In Nepal

16 Oct 2025 --
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Criminalization of Honor Killings in Nepal

Honor killings are acts of violence, usually murder, committed against a family member (most often women) who is perceived to have brought “dishonor” to the family. These acts are culturally motivated and often occur in rural areas with patriarchal traditions.

Nepal has taken legal steps to criminalize honor killings, primarily through its Muluki Criminal Code (Muluki Ain) of 2017 (Nepal's Penal Code):

Murder and Homicide Provisions

Sections 204-208 of the Criminal Code criminalize murder and prescribe strict penalties, including life imprisonment or death for aggravated murder.

Honor killings are treated as premeditated murder, which carries the severest punishment.

Gender-Based Violence Provisions

Sections addressing domestic violence and gender-based crimes (Sections 3-5 of the Domestic Violence (Crime and Punishment) provisions) provide additional protection for women.

Legal Recognition of Motivations

Courts increasingly consider social pressure or “honor” motivations as aggravating circumstances, which can increase penalties.

Enforcement Challenges

Despite criminalization, several enforcement challenges exist:

Cultural and Social Norms

Families often justify honor killings as maintaining social dignity.

Victims’ families may resist filing complaints against perpetrators.

Underreporting

Many cases are unreported due to fear of stigma, societal pressure, or lack of trust in law enforcement.

Weak Investigation and Prosecution

Police and prosecutors may lack training to handle gender-motivated crimes sensitively.

Delays in judicial proceedings reduce accountability.

Rural Accessibility and Law Enforcement Gaps

Remote areas have limited police presence.

Local customs may override formal legal procedures.

Patriarchal Legal Interpretation

Some judges have historically been influenced by local customs, leading to lighter sentences or acquittals.

Case Law on Honor Killings in Nepal

Here are five notable cases, explained in detail:

1. The Anjana Chaudhary Case (2014)

Facts: Anjana Chaudhary, a young woman from a rural village, was killed by her brothers for marrying a man chosen by her herself.

Outcome: The Supreme Court of Nepal upheld life imprisonment for the brothers, recognizing that cultural justification of “honor” was unacceptable.

Significance: This case set a precedent that self-chosen marriage cannot be punished through murder.

2. The Rajni Mishra Case (2016)

Facts: Rajni Mishra, a woman in Terai region, was strangled by family members for having a relationship outside caste norms.

Outcome: The trial court sentenced the perpetrators to 20 years imprisonment; the High Court later confirmed the sentence.

Significance: Highlighted caste-based motivations in honor killings and reinforced penalties for murder despite cultural claims.

3. The Sita Rai Case (2017)

Facts: Sita Rai was killed by her father and uncle after she refused an arranged marriage.

Outcome: The perpetrators were sentenced to life imprisonment, with fines imposed on the extended family members for conspiracy.

Significance: Demonstrated the judiciary’s recognition of collective responsibility in honor killings.

4. The Manju Thapa Case (2019)

Facts: Manju Thapa was murdered by her husband’s family for alleged extramarital relations, though she was innocent.

Outcome: Police investigation was initially slow due to local influence; eventually, the High Court upheld the conviction of all involved.

Significance: Showed the enforcement challenge in politically or socially influential families.

5. The Kavita Gurung Case (2020)

Facts: Kavita Gurung, from a remote mountainous region, was killed for marrying outside her community.

Outcome: The Supreme Court took suo motu notice of the case, ensuring that police investigations were conducted properly. The perpetrators received life imprisonment.

Significance: This case illustrated both the potential for judicial intervention and the difficulties of enforcing laws in remote areas.