Himalayan News Service

Kathmandu, May 17:

Former justice of the Supreme Court (SC) Laxman Prasad Aryal urged the government to implement a three-year-old SC order that had directed the government to pass a law banning marital rape.

“It is an example of government carelessness,” said Aryal, one of the justices of a three-member full bench, which passed the order, at a programme organised by the Forum for Women, Law and Development (FWLD) here today.

Responding to a writ petition filed by advocate Meera Dhungana representing the FWLD, the SC had directed the government to criminalise marital rape.

The Special Bench comprising Aryal, Kedar Nath Upadhayaya and Krishna Kumar Verma, had observed marital rape as illegal and a heinous crime.

“Before the verdict, the Rape Chapter of the Muluki Ain had not addressed marital rape, which indirectly allowed men to rape their wives,” he said.

“We had passed the order in accordance with the demand of the present time seeing that Nepal has ratified several international human rights conventions.”

One of the drafters of the 1990 Constitution, Aryal said that a certain class of people and those living in remote areas treat their wives inhumanely, therefore there is an urgent need to criminalise actions involving sexual inhumanities.

When asked about the criticism from various sectors of society regarding the order, which was said to have been passed on hypothetical grounds as there was no case filed before any court, Aryal said it was totally wrong to criticise the order.

“The police and lawyers have told me they are unable to file cases lacking a proper law even after the order,” he said.

According to him, if the law is passed, then the court will receive a numbers of cases.

Advocate Dhungana said many women have sought her help seeking a remedy to marital rape.

“Due to lack of a proper law, we cannot help the victims,” she said. “Hundreds of victims have been approaching me regularly for a legal remedy.”