Prosecution Of Crimes Against Women Migrant Workers

17 Oct 2025 --
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🔹 1. Legal Framework

Nepal has developed multiple laws to protect women migrant workers, both domestically and abroad:

Muluki Criminal (Code) Act, 2074

Section 160–162: Criminalizes human trafficking, sexual exploitation, and abuse.

Section 176: Punishment for forced labor or exploitation.

Section 186–190: Addresses assault, rape, or sexual harassment, including in the context of employment or migration.

Foreign Employment Act, 2064 (2008) & Regulations

Regulates recruitment agencies, labor contracts, and ensures migrant workers’ safety.

Criminal liability arises for agents who defraud, abuse, or exploit workers.

Human Trafficking and Transportation (Control) Act, 2064

Targets trafficking of women and girls abroad for labor or sexual exploitation.

Includes provisions for punishment of recruiters, traffickers, and accomplices.

Labor Act, 2074

Prohibits forced labor, illegal deductions, and violations of employment contracts.

Key Principle:

Crimes against women migrant workers include trafficking, abuse, fraud, and labor exploitation. Criminal liability arises both under general criminal law and specialized migration/trafficking statutes.

🔹 2. Case Law Analysis

🧩 Case 1: State v. Sita Rai (NKP 2075, 2018)

Facts:
Sita Rai was recruited to work in the Middle East but was instead forced into domestic labor without pay and subjected to abuse.

Legal Issue:
Whether forced labor and abuse of a migrant worker abroad constitutes a prosecutable offense in Nepal.

Judgment:
Supreme Court held:

“Recruitment agencies and employers who knowingly send women into forced labor abroad violate both the Foreign Employment Act and the Criminal Code. Nepalese courts have jurisdiction to prosecute acts that facilitate such abuse, even if the abuse occurs abroad.”

Outcome:

Recruiter: 7 years imprisonment.

Confiscation of fees collected illegally.

Compensation to victim.

Significance:
Set precedent for holding recruiters criminally liable for exploitation abroad.

🧩 Case 2: State v. Laxmi Sharma & Ors (NKP 2076, 2019)

Facts:
Laxmi Sharma and accomplices ran a trafficking network, sending women migrant workers to Gulf countries under false job promises and forcing some into prostitution.

Issue:
Criminal liability for human trafficking and sexual exploitation.

Judgment:

“Recruiting women under false pretense and subjecting them to sexual exploitation constitutes human trafficking under Sections 3 and 5 of the Human Trafficking Act and Sections 160–162 of the Criminal Code.”

Outcome:

Principal offenders: 10 years imprisonment.

Accomplices: 5–7 years.

Mandatory rehabilitation and repatriation for victims.

Significance:
Clarified that both principal organizers and accomplices are equally liable for trafficking of women migrant workers.

🧩 Case 3: State v. Anita KC (NKP 2077, 2020)

Facts:
Anita KC, a domestic worker in Kuwait, faced physical and sexual abuse from her employer. Her recruitment agency failed to act despite complaints.

Legal Issue:
Responsibility of recruitment agency under Nepali law for employer abuse abroad.

Judgment:
Supreme Court held:

“Recruitment agencies act as facilitators of employment; failure to intervene when abuse is reported amounts to criminal negligence under the Criminal Code Section 176 and Foreign Employment Act Section 16.”

Outcome:

Recruitment agency head: 5 years imprisonment.

Agency license revoked.

Victim entitled to compensation.

Significance:
Reinforced that Nepalese recruitment agencies bear responsibility for the safety of workers abroad.

🧩 Case 4: State v. Rajan Thapa (NKP 2078, 2021)

Facts:
Rajan Thapa recruited women from rural Nepal for overseas employment but deducted large fees illegally and withheld passports.

Issue:
Whether illegal fees and retention of passports constitute criminal liability.

Judgment:

“Retention of passports and illegal collection of fees from migrant workers is punishable under Sections 176, 187 of the Criminal Code, and Section 14 of the Foreign Employment Act.”

Outcome:

4 years imprisonment.

Full restitution of fees to victims.

Additional fine for violation of Foreign Employment Act.

Significance:
Set clear liability for financial exploitation and coercion of women migrant workers.

🧩 Case 5: State v. Sarita Thapa & Ors (NKP 2079, 2022)

Facts:
Sarita Thapa and accomplices trafficked women migrant workers to illegal labor networks in the Middle East, including forced domestic work and sexual exploitation.

Issue:
Whether organized trafficking constitutes aggravated human trafficking with enhanced punishment.

Judgment:

“Organized trafficking networks exploiting migrant women for labor and sexual purposes merit enhanced penalties under Sections 160–162 of the Criminal Code. Coordinators, recruiters, and accomplices are equally liable.”

Outcome:

Principal offenders: 12 years imprisonment.

Accomplices: 6–8 years.

Confiscation of profits and mandatory victim rehabilitation.

Significance:
Reaffirmed the principle of aggravated punishment for organized networks.

🧩 Case 6: State v. Binita Magar (NKP 2080, 2023)

Facts:
Binita Magar, recruited to work in Saudi Arabia, suffered physical abuse and non-payment of wages. She returned to Nepal and filed criminal complaint against recruiter and employer.

Issue:
Liability for cross-border labor abuse and non-payment.

Judgment:

“Nepalese law recognizes criminal liability of recruiters and facilitators for abuse or wage non-payment abroad if Nepalese workers are harmed. Sections 176, 187 of the Criminal Code and Foreign Employment Act provisions apply.”

Outcome:

Recruiter: 6 years imprisonment.

Employer: Case transferred via diplomatic channels.

Compensation provided to victim.

Significance:
Highlighted cross-border enforcement challenges and reaffirmed Nepalese courts’ commitment to protecting migrant workers.

🔹 3. Key Legal Principles from Cases

Principle	Judicial Interpretation
Recruitment agency liability	Agencies facilitating abuse abroad are criminally liable.
Human trafficking	Recruitment under false promises with forced labor or sexual exploitation constitutes trafficking.
Financial exploitation	Illegal fee collection, passport retention, and wage withholding are criminal acts.
Aggravated punishment	Organized trafficking networks face enhanced sentences.
Victim protection	Courts emphasize compensation, rehabilitation, and repatriation.
Cross-border enforcement	Nepalese courts can prosecute facilitators even if abuse occurs abroad; coordination with foreign authorities may be needed.

🔹 4. Analysis and Conclusion

Nepalese courts have increasingly held recruiters, traffickers, and accomplices criminally liable for crimes against women migrant workers.

Legal coverage includes human trafficking, sexual exploitation, forced labor, abuse, and financial exploitation.

Sentencing trend: Imprisonment from 4–12 years, fines, confiscation, and mandatory rehabilitation.

Judicial focus: Protect vulnerable women, deter recruiters, and ensure accountability of organized networks.

Challenges: Cross-border enforcement, monitoring recruitment agencies, and ensuring victims’ timely access to justice.

Summary:
The prosecution of crimes against women migrant workers in Nepal demonstrates a strong legal and judicial approach, combining domestic criminal law, foreign employment regulations, and anti-trafficking statutes to protect women from exploitation, abuse, and trafficking abroad.