The rape and subsequent murder of a three-year-old girl in Jeetpur-Simara Sub-Metropolitan City of Bara district last week dominated the House of Representatives meeting on Monday, with lawmakers questioning whether existing laws and state institutions have done enough to protect women and children.

Some lawmakers, including ones from the ruling Rastriya Swatantra Party, even called for a constitutional amendment to Article 16(2) to permit capital punishment for heinous crimes, arguing that Nepal’s circumstances had changed since it committed itself to international instruments seeking abolition of the death penalty.

However, Minister for Law, Justice and Parliamentary Affairs Sobita Gautam and Home Minister Sudan Gurung ruled out capital punishment, saying the government cannot introduce it without amending the constitution.

“Article 16(2) of the constitution explicitly prohibits the enactment of laws that impose capital punishment,” Gautam said. “Nepal is also bound by various international human rights treaties and instruments. Regardless of the intensity of public outrage, the government cannot legislate beyond the constitution.”

Nepal abolished capital punishment through the 1990 constitution, and the provision was retained in the 2015’s Constitution of Nepal. The country’s existing law already provides the maximum punishment available under the constitution for rape followed by murder. Section 41(f) of the National Penal (Code) Act 2017 provides for life imprisonment for murder committed after rape.

The debate on legal reform surrounding sexual violence intensified after five ministers signed a three-point agreement with the victim’s family on Saturday, committing to review existing laws and recommend changes aimed at introducing stricter punishment and speeding up justice in cases of sexual violence.

The agreement was signed by Home Minister Gurung, Law Minister Gautam, Infrastructure Development Minister Sunil Lamsal, Minister for Women, Children, Gender and Social Security Sita Badi, and Agriculture, Forestry and Environment Minister Gita Chaudhary.

At the centre of the agreement is the formation of a seven-member ‘Garima Nyaya Sankalpa Samiti’ under the law ministry. The committee has been given seven days to submit recommendations on legal amendments concerning sexual violence, offences against women and children, and their penalties.

Previously, a task force led by Law Secretary Parashwor Dhungana had recommended changes to address obstacles in prosecuting rape and murder cases.

Among its recommendations were a review of the statute of limitations for filing rape complaints, continuous fast-track hearings for such cases and the classification of all sexual offences as crimes involving moral turpitude.

“Its draft recommendations will be combined with those produced by the new seven-member committee before being incorporated into a bill to amend the relevant laws,” Minister Gautam said.

She also cautioned against allowing public anger to determine the outcome of criminal cases, particularly while investigations are under way.

“The true test of the rule of law occurs precisely when public emotion is at its peak,” she said. “Prejudging cases before police investigations conclude, disseminating unverified information, interpreting evidence on social media and attempting to deliver a trial by public opinion weakens the administration of justice.”

Man Bahadur Aryal, joint secretary at the law ministry who represented the ministry in the earlier task force, said the review was not focused only on punishment.

“It examined procedural bottlenecks in criminal investigations, forensic processing and judicial adjudication,” Aryal said.

Legal experts say any reform should address the entire justice chain, from the police response and evidence collection to prosecution, trial and rehabilitation of victims.

Senior advocate Gopal Krishna Ghimire said Nepal’s laws already provide severe punishment for rape followed by murder, but weaknesses in investigation and delays in court proceedings often undermine justice.

“Victims of sexual violence face immense hurdles in securing timely justice, often compounded by weak police investigations,” Ghimire said. “Reform should focus on fast-tracking cases and ensuring robust evidence collection so that the guilty cannot escape while maintaining safeguards against wrongful prosecution.”

Under Section 219 of the National Penal (Code) Act, rape carries different penalties depending primarily on the age of the victim and the circumstances of the offence. Rape of a child below 10 years is punishable by life imprisonment.

The law defines life imprisonment in general terms as 25 years, while Section 41 provides for imprisonment for the remainder of the offender’s natural life for certain particularly serious offences, including murder following rape.

Deputy attorney general Sanjeev Raj Regmi said the legal framework already provides the highest punishment possible under Nepal’s constitutional system.

“Our legal framework already prescribes the absolute maximum penalty short of execution,” Regmi said. “Because the Constitution prohibits capital punishment, life imprisonment until death represents the highest statutory sentence available under Nepalese law.”

The bigger challenge, he said, is ensuring effective implementation.

Although existing procedures allow courts to hold continuous hearings in sensitive cases, fast-track provisions have not been consistently implemented across district courts.

The government’s seven-day deadline for the new committee now puts the focus on whether the proposed reforms will go beyond stronger language on punishment and address the long-standing weaknesses in investigation, forensic examination and judicial proceedings.

The demand for faster justice has long been part of Nepal’s debate on sexual violence. Although the law permits courts to conduct continuous hearings in sensitive cases, such provisions have not been implemented consistently across district courts.

The existing criminal justice process involves several stages. Police investigate the offence and submit their findings to the district government attorney’s office. Government attorneys then decide whether to file a charge sheet at the district court and prosecute the case on behalf of the state.

Delays can occur at multiple points, including investigation, forensic examination, preparation of the prosecution case and court proceedings.

Forensic evidence can be particularly important in sexual violence cases, but investigators have faced limitations in collecting, preserving and analysing evidence. Legal experts say stronger forensic capacity would reduce dependence on confessions and witness testimony and make prosecutions more robust.

The government has also discussed mechanisms for dedicated or continuous hearings in serious criminal cases. The law ministry and the Supreme Court have been working on ways to make fast-track proceedings more effective.

The legal reform process will ultimately determine whether the government can translate the public anger generated by the Bara case into reforms that strengthen investigation, prosecution and judicial proceedings while remaining within Nepal’s constitutional limits.

For victims and their families, however, the effectiveness of the reforms will be measured less by the severity of the law on paper than by whether the state can deliver timely, credible justice in practice.