KATHMANDU: There was a great expectation from the Domestic Violence and Punishment Bill, 2065. Alas! That was not to be. There are victims galore due to lack of proper

regulations to streamline the legal procedure.

Experts on legal and women issues opined that the implementation was a biggest stumbling block due to lack of awareness.

Mira Dhungana, a senior advocate, said that the passage of the Bill was a

welcome relief to the

domestic violence victims.

“They can not only lodge complaint against the perpetrators but also get justice and protection. To make matters worse, many victims continue to suffer silently. This calls for a sustained campaign to disseminate the information. The women should be made aware that the Bill has been promulgated to support their cause,” explained Dhungana.

According to her, a section of the legal experts were still unaware about the Bill. Hence, at times, they refuse to file cases related to domestic violence.

The Domestic Violence and Punishment Bill, 2065, classify physical, mental, sexual, financial and behavioural violence as various forms of oppression.

The Bill guarantees the right to every individual to live with dignity in society and bring the perpetrators to book to curb the growing cases of domestic violence. It gives due diligence to the victims’ rights as well.

The Bill pertains to all those, who are a part of a family either by birth or marriage. Domestic help, foster son or daughter and dependents also come under this classification.

As per the law, a victim can lodge a complaint at a local body, police station or the National Women’s Commission.

If these bodies cannot resolve the dispute within 30 days, then the case ought to be filed in the district court in another 15 days.

The government has to set up service centres for victims to ensure their safety, treatment and rehabilitation. The centres aim to provide a slew of services, including legal aid and counselling.

The Bill has a provision to punish the guilty — jail term for up to six months and a fine of Rs 25,000. The quantum of punishment is half for an accomplice.

If the victim incurs physical injuries or mental trauma, then the perpetrator has to pick up the tab for her treatment.

A person found guilty will be penalised for each new offense. The Bill has added 10 per cent additional punishment for those who are engaged in public services.

Records available with the Women and Children Service Centre (WCSC), Kalimati branch, Metropolitan Police Range, Kathmandu, revealed that altogether 705 cases were reported in 2008-09. While, the corresponding figures were 498 and 509, in 2007-08 2006-07, respectively.

Interestingly, not a single case has been forwarded to the court. The number of cases resolved stands at 380. But 325 cases are still pending.

A police official at WCSC maintained the there was no discernible change in the number of cases in recent times.

Besides, the passage of the Bill has not helped lessen the crime. “Of the 48 cases filed here since mid-April, 38 have been solved on the basis of mutual understanding. A majority of the people doesn’t want to move court in fear of washing the dirty linen in public. This is the precisely the reason why none of the cases from our centre has been forwarded to the court,” she explained.

She, too, admitted that the Bill was not complete in itself.

“Though it has provisions for crime and punishment for the guilty, there is no follow-up

action,” she added.

The Kathmandu Valley has as many as six WCSC.

Toya Nath Adhikari, deputy secretary, Legal Section, Ministry of Women, Children and Social Welfare, said that his

department was busy drafting the regulations and directives of the Bill.

“However, the work is at a preliminary stage. The government hasn’t been able to make people aware about the Bill’s advantages. A sustained publicity drive is required to disseminate information. Our basic aim is not to let a family fall apart by giving too much emphasis on violence against the fairer sex. A victim faces all kinds of problems when she files a case since a woman is largely dependent on her family as per our tradition,” he reasoned. Adhikari said that it would take a while for the Bill to be fully implemented.

“Plans are afoot to formulate directives for the establishment of service centres for counselling and rehabilitating the victims,” he added.