KATHMANDU, JULY 11
The House of Representatives today unanimously passed the Bill to Amend Some Acts Against Sexual Violence, extending statute of limitation in rape cases.
The HoR accepted all the provisions of the report submitted by its Law, Justice, and Human Rights Committee after clause-wise discussion.
The newly passed bill proposes to extend deadline in rape case from one year to two years in most cases and three years in some cases.
The government had registered the bill after the case of a beauty pageant contest came to light. The victim, who was allegedly raped by beauty pageant organiser Manoj Pandey eight years ago, narrated her story a few weeks ago, but a case under the rape law could not be filed against the perpetrator, as it had to be filed within a year of rape.
The bill stipulates that if a rape victim is a minor at the time of rape, she could lodge an FIR within three years after she turns 18.
The bill states that if the rape is committed against physically challenged people, people with special needs, or those above the age of 70, the FIR could be lodged within three years of rape.
The government had proposed in the bill that if somebody lodged a false FIR against a person, the complainant shall be imposed half of the punishment that the alleged perpetrator could face in the case. The House panel, however, removed this provision. The House panel took note of the concerns expressed by women rights activists and politicians who said if punishment was imposed for lodging false FIR, many victims might not muster the courage to report crimes of sexual violence.
The House panel also directed the government to bring a comprehensive law to deal with crimes of sexual violence, including to reform the definition of rape and statute of limitation in rape cases after consulting stakeholders.
Lawmakers taking part in the HoR debate said the limitation for rape victims to report the crime should be fairly long or else victims would not get justice.
The House panel inserted a provision in the bill whereby perpetrators of rape will compensate victims.
HoR member Binda Pandey told THT that she and many other lawmakers favoured no statute of limitation in rape cases, but the government and political leadership were not in favour of having long statute of limitation. She hoped that the National Assembly, which recently passed a stricture calling on the government to ensure that there is no statute of limitation in rape cases committed against a minor, would amend the bill in accordance with its stricture.
If the NA amends any provision of the bill, it will be resent to the HoR.
The House can then pass the bill as it deems fit. "If the bill adds provisions of the NA stricture, that will be an achievement or else, rights activists need to do more to bring desired reforms in laws against sexual violence," she added.
Pandey said political leaders were unable to comprehend the impact of patriarchy on victims of sexual violence. "In our society, patriarchy is so deep-rooted that girls and women cannot report rape for years," she said.
Executive Director of Forum for Women, Law, and Development Advocate Sabin Shrestha told THT that the extension of statute of limitation in cases of sexual violence was a step in the right direction.
Stakeholders continue to seek either no time limitation or long-time limitation, such as 10 or 20 years, for reporting a rape in democratic countries.
He said the government must bring a comprehensive bill to deal with all issues of violence against women as suggested by the House panel.
A version of this article appears in the print on July 12, 2022, of The Himalayan Times.
