News reports of incidences of rape have become commonplace in the Nepali media. Reading these headlines reminds me of a line of dialogue from Aamir Khan in the Hindi film Dil, “Rape really is a mishap. It hurts not only the body of a woman but also her mind and soul.” This line illustrates the link between the being of a woman and their sexuality. But questions need to be raised on why the male gender has not been able to seriously tackle this matter.

Behind the headlines

According to a survey by the United Nations in 65 countries, roughly 225,000 incidents of rape are committed every year. In Nepal, since 2053 BS (1996-97) to 2070 (2013-14), there were 13,783 reported cases of rape and 1,560 cases of attempts to rape, according to data from Police Headquarters, Naxal. In the past, rape cases were kept between family members because of a fear of losing ‘dignity’ and to maintain ‘social decorum’. But these days, because of the development of women’s rights and reliable access to the media, women are increasingly reporting such crimes. There have also been cases where women were raped by police officials. In the past year alone, there were 912 cases of rape and 412 attempts to rape, a 50 and 90 percent increase respectively from the preceding year. The Dillibazar Sadar Jail holds 59 criminals on charges of rape; among them, most are between the ages of 20 and 30.

As prostitution is illegal is Nepal, those who are unable to control their sexual desires are increasingly committing sexual assault, according to sexologist and member secretary of the Nepal Health Research Council, Dr Khem Karki. “Rape is not something new in society”, says Dr Karki. The main thing is that Nepali society represses sex—neither families nor the community discuss sex openly. Some studies suggest that sexual desires remain unfulfilled, people are more prone to committing sexual abuse and rape. Therefore, it is important for parents and communities to openly discuss sex. Moreover, sex toys and pornographic material are easily available to fulfill people’s sexual desires.

But conversely, psychiatrist Ganga Pathak points to the ‘misuse’ of communication and the proliferation of pornographic material as a cause of rape. Social liquidity, changing lifestyles, and globalisation are also leading to increasing cases of rape, according to sociologist Ram Bahadur Chhetry.

Legal provisions

In Nepal, Chapter 14 of the Muluki Ain has addressed legal provisions in case of rape. The chapter also explains domestic rape in the case of intercourse with a wife without her consent. Punishment for rapists varies in Nepal according to the age of the victim but generally, criminals are handed five to 15-year sentences. The Ministry of Women, Children and Social Welfare has been holding awareness programmes and providing grants of Rs 10,000 to Rs 50,000 under the Gender-based Violence Grant Fund for immediate treatment and rehabilitation of victims and also to provide legal assistance. The Department of Women and Children has also been holding programmes for economic empowerment and awareness through radio and television.  

However, cases of rape have not decreased; instead, they seem to be rising. Some opine that this is the result of the failure of the Nepali legal system. “A death penalty provision for rape in the new constitution is not a solution, but the strict enforcement of the law can greatly help,” said senior advocate Shambhu Thapa in reference to demands for the death penalty. “Sociologists and psychologists must analyse such crime and the male psychology behind them,” he added.

At the Dillibazar jail, one teenager jailed for rape for 10 years said, “Youngsters must focus on their future and be involved in creative works. If I had realised this earlier, I might be in my classroom right now.”

Rajbhandari Amatya is president of the Federation of Nepalese Indigenous Nationalities Journalists’ Kathmandu district committee ([email protected])