Speaking at a program organized to brainstorm on the recommendations on Domestic violence (Offense and Punishment) Act 2009 in the capital on Tuesday, the NWC spokesperson Monha Ansari said that the commission has noticed a rise in live-in relationships over the past few years. [break]
“However, due to the lack of proper law to oversee it, women are being exploited and we feel helpless as there is no separate law to handle such cases,” she added.
Ansari also noted that even the exisiting laws to address violence against women were not being implemented properly. “Domestic violence cannot be ended in the name of a domestic act. It has to be criminalized, and the government must take the initiative,” she said.
Rajesh Hamal, an advocate, however, opined that criminalization of ´minor domestic issues´ is not going to help any one. He questioned whether the country can handle the loads of the cases of domestic violence if they were criminalized. “Laws can help in marriage and divorce. But it cannot guarantee love and understanding. I find the even the existing law a bit problematic -- let alone any recommendations to make them stricter,” he said. “We should rather promote the role of mediator in order to harmonize relationship between the couples.”
According to the Act, "domestic violence" means any form of physical, mental, sexual and economic harm perpetrated by a person to a person with whom he or she has a family relationship, and this word also includes any acts of reprimand and emotional harm.
Hamal pointed out that the vague term "emotional harm" might as well victimize men -- rather than women. Moreover, in a poor country like ours, can we afford to seek the state´s assistance for minor thing like emotionally hurting someone?” he asked.
However, Saraj Raj Thapa, a legal expert at the commission, argued that "emotional cases" cannot be ignored, more so when the culture of live-in relationship has been florishing.
“Emotional tortures have even claimed lives. We have handled several cases wherein women have committed suicide due to emotional torture,” he said. “Domestic violence against women is rampant across the country and yet we have service centers at only 15 districts. There is law to guard women´s rights, but they are not being implemented.”
He further added that, in the case of marital rape, a provision, which allows the perpetrator to choose between fine and imprisonment, has to be annulled. “The husband who attempts marital rape should not be allowed to escape jail term under any pretext--whatsoever” he added.
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