In cases of sexual abuse, sexual violence or rape, it is difficult for victims to get support from family and society. Instead, unnecessary questions, non-cooperation, social media trolls and insensitive media content add to the mental harassment.
We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
The more one goes to the community at the bottom of the society, the more the discrimination they suffer and the scope of the crime against them also widens. A rulership of many is established over them.
For example, women than the average Nepali man, Madhesi than the average Nepali, Madhesi women than the average Madhesi man, and Madhesi Dalit women are more likely to experience murder, sexual abuse and rape, and caste discrimination than the Madhesi women.
In general, due to caste structure and the legacy of discrimination created by it, low economic status, deprivation of educational opportunities, lack of political-administrative access and commentary on social values determined by the supposedly superior community, if any Madhesi Dalit woman becomes a victim in any incident, the chances of getting justice are extremely low.
Anandi Devi Saday, a dalit married woman from Sirha who was sexually assaulted four months ago, could not get support from the state agency in the justice process and was found dead, representing the possibility of becoming a victim of the community at the back of the society but not getting justice. There should be a fair investigation into this incident and action should be taken against the culprits.
Saday was sexually abused four months ago by 22-year-old Sanjeev Kumar Yadav and 32-year-old Shyamsunder Yadav. On the day of the incident, Saday and his mother went to the local police office, Maheshpur Patar, to lodge a complaint. But the police did not accept it. On the part of the perpetrators, some locals tried to settle the incident in the village.
Because the victim said to 'go to the media', the police filed a complaint against the perpetrator in the forced labor industry only on February 25, two and a half months after the incident. Although an arrest warrant was issued against the accused by the Sirha District Court on February 26, the perpetrators were not arrested.
Sadayi is finally found dead. Similarly, Rinku Sada, who went out to defecate on the night of last January 27, always came home crying at 3 am the next morning. Chandan Sah and Ramvinay Mandal, along with the local Rupesh Mandal, forced him. An attempt was made to settle this incident by sitting the Panchayat. Meanwhile, Sada was found dead on January 30.
Article 38 under the fundamental rights of the constitution states that acts of sexual violence or exploitation against women are punishable and the victim has the right to receive compensation. Similarly, Section 224 of the Criminal Code provides that sexual abuse should not be committed and punishment if committed. But Anandidevi, Rinku or many other victimized women do not get justice according to the constitution and the law, instead they have to accept death .
There is more injustice, oppression, discrimination, crime in the world against the weak community. The state should facilitate the process of getting justice for the victims. Justice must be felt to be assured. The legal process should be facilitated. In other words, it is the state's responsibility to assure the victim that they will get justice when a crime or any kind of illegal incident has occurred.
The rule of law brings the perpetrator to justice as much as possible and brings justice to the victim. Such a punishment also discourages others from engaging in the crime. The faster action is taken against the perpetrator, the more effective the justice.
There is no such sensitivity in Nepali state. The process of seeking justice is often very complicated and narrow. In some cases, it has become a reason to suffer more. If our justice process can be streamlined, the victim will not have to suffer unnecessary harassment.
In cases of sexual abuse, sexual violence or rape, it is difficult for victims to get support from family and society. Instead, unnecessary questions, non-cooperation, social media trolls and insensitive media content add to the mental harassment. The pressure of the victim will be natural. As a result, the victim feels insecure and loses self-esteem. In this process, the feeling of physical-mental-financial security of the victim is extremely important.
Only under that guise can the victims fight their legal battles. Hence, there is a need for governmental/non-governmental mechanisms to protect the victims and counsel them. There are also examples of victims receiving such protection from various organizations in urban areas. But in rural areas it is the victim who has to bear the humiliation. Whereas, the victims there are more in need of such a mechanism. Social rehabilitation after legal battles also needs to be facilitated.
In our country, the police tend not to take the victim's complaint. There are frequent complaints that the police do not accept to register the complaints, especially those from the lower classes of the society. Such a trend does not establish confidence that even barely registered complaints will be taken seriously and investigated. Therefore, there is a need to make the complaint process and investigation systematic and victim-friendly.
On the other hand, influential people in the society also try to end the incident instead of facilitating the legal process to punish the perpetrators and bring justice to the victims. It is found that they have the intention of putting pressure on the victim, showing financial greed, and on the contrary, causing pain. It is also found that such incidents are connected with political beliefs and the role played by the local representatives of the party. These parties should also be discouraged and punished.
