The govt has not scrapped the statute of limitation for filing charges of rape

Kathmandu, April 28

Even though the transitional justice mechanisms have started collecting complaints from conflict victims, the government has not amended and enacted new laws required for the effective functioning of these bodies.

The Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons had recommended the government to bring a law to criminalise torture.

Likewise, these bodies also sought amendments in their own Act  the TRC Act  to define some crimes, and to scrap the statute of limitation for rape, especially for the incidents of rape that were committed during the decade-long Maoist insurgency, that ended in November 2006.

However, the government has not done its bit to criminalise torture and scrap the statute of limitation for filing charges of rape.

As per the Muluki Ain (General Code) Chapter on Rape, the statute of limitation for rape is 35 days and the Supreme Court, in its ruling has set a precedent that conflict victims could file FIRs against their perpetrators even six months after the rape.

TRC Chairman Surya Kiran Gurung said the TRC had submitted an eight-point amendment proposal to the Ministry of Law, Justice and Parliamentary Affairs through the Ministry of Peace and Reconstruction on December 20, 2015.

Separately, CIEDP Chairman Lokendra Mallik had also written to the MoLJPA on January 24 seeking criminalisation of enforced disappearances, without which it couldn’t do investigation and recommend any action against the perpetrators of enforced disappearances.

“As we are mandated to investigate serious war-era rights violations cases, including physical and mental torture, we have recommended the government to criminalise torture,” Gurung told The Himalayan Times.

The body has also asked the government to clearly define what the term ‘serious crimes’ means and what kinds of crimes fall under this category.

“The government is in a deep slumber. It has done nothing to bring such laws. How can we function in the absence of such laws,” he said.

The CIEDP and the TRC have been collecting complaints from the victims of insurgency since April 14 and April 17, respectively.

CIEDP spokesperson Bishnu Pathak said its investigation into the complaints would be affected in the absence of proper laws.

“I have my doubts on whether these bodies were set up to ensure justice for the victims or ensure impunity for the perpetrators,” Pathak said.

Minister of Law, Justice and Parliamentary Affairs Agni Kharel admitted the delay in brining a law to criminalise torture and other relevant laws in accordance with the suggestion of the transitional justice mechanism.

He, however, said ‘some issues were required” to be discussed and agreed upon between his ministry and the ministry of peace and reconstruction to amend the existing laws or enact new laws.

“I am soon going to take up this issue with the peace minister,” Kharel added.