NEPAL WOMENS ISSUES
Women Trafficking in Nepal :
The Constitution of the Kingdom of Nepal has guarantee the right of equality to
women, however discrimination and problems against women manifest in a number of
ways in Nepal. Age-old patriarchal value system, social and cultural practices
have crippled the women in many says. Women are treated as a commodity since a
long-time. They are regarded as second-class citizen and discriminated against
in social, cultural, economic and political fronts as well. They are so
oppressed, exploited and dominated that they only play the stereotype role in
the entire society. The trafficking of women is more serious and deep-rooted
problem in Nepal........
Preventive Measures :
Under the Article 20 (1) of the Constitution of the Kingdome of Nepal 1991, the
right against exploitation is guaranteed which explicitly prohibits the traffic
in human beings, slavery and serfdom or force labor in any from. Any act
contravening to the Article is regarded as heinous crime and is punishable under
the existing law. The Human Trafficking (Control) Act. 1986 is enacted and
enforced as a special Act. The Act provides the strict provisions of burden of
proof, which lies on the accused in some circumstances. The penalty is up to
twenty years jail terms. Three judges of Appellate Court trail the case of human
trafficking, though it is ad hoc arrangement. Nepal has become party and even
ratified of the numbers of International instruments i.e. Convention on the
Elimination of all forms of Discrimination Against women 1979, Convention on the
Suppression of Immoral Trafficking and Protocol, 1949; Convention on the Right
of the Child etc. including SAARC regional convention. As a party of the
international legal instruments Nepal has state obligation to adopt necessary
and effective measures to meet the objectives put forward.
Reasons to be Women Trafficked in Nepal :
Women trafficking in Nepal is being acute day-by-day and grooming in various
forms with the pace of development and movement of the world. The reason and
nature of the women trafficking in Nepal can be highlighted as follows;
Poverty is the main cause of women trafficking in Nepal in the rural areas.
Due to the hunger, unemployment and illiteracy almost guardians are compelled to
handover their innocent girl child to the girl brokers under the veil of carpet
works or housework, garment works who ultimately be sold for the commercial
flesh trade, a large numbers in India and a few within the country.
Nowadays it is increasing tendency that middle class women are being
trafficked in gulf countries for sex works under the veil of attractive works
and handsome salaries. Increasing way of easy lifestyle, necessities to meet the
on growing social hay Fay are some of the factors contributing the middle class
women to be trafficked.
Since the history, numbers of Nepalese youths emigrant mainly to India for the
manual works. The fact is being a golden opportunity for women traffickers to
traffic women for prostitution in the name of so-called marriage. The
traffickers plot the scene of marriage, going India and settle life but after
reaching India most of them betray to the innocent girls and sale for the
prostitution.
The age-old Hindu ritual like Dauki Custom, Jhuma Custom, Badi Custom of
offering unmenstrual girls for the Gods' happiness encourages prostitution and
ultimately these girls are easily trafficked.
Poverty is the fundamental problem to combat trafficking in women in Nepal. Due
to the poverty people are illiterate and easily lured by tiny attractions of
works, salaries, easy life etc.
Inhuman and immoral traditions and rituals are obvious hinders to encircle the
society in vicious circle Once a girls trafficked for prostitution she becomes
more stigmatized to come back in the society. As a result she herself indulges
in the traffickers gang.
The developing superficial life pattern is dangerously contributing the problem
to be more acute. The flesh trade is blooming as a most profitable business in
the world where Nepal is not an exception. Powerful persons of the society,
who themselves are obligated to control the flesh trade, are engaging in the
activities in one or another way. As a result law becomes lenient or weak or
ineffective to be implemented.
The offence of trafficking is mainly cross boarder problems for Nepal who shares
more then half open land-boarder area with India.
Legal Challenge :
Law has itself embraced a number of lacunas to control women trafficking in
Nepal.
-The Human Trafficking (Control) Act, 1986 stipulates the extraterritorial
jurisdiction of the offence by its nature of cross boarder but has not mentioned
in the extradition agreement. Therefore, the provision of extraterritorial
jurisdiction is almost dead in the implementation.
-No strict rules are made to regulate the emigrants of women to India. In case
if the complain is made against the traffickers, it is almost impossible to
apprehend the accused.
-The investigation method is very stereotyped and ever unchanged which is
desperately failed to its aim. The prosecution is merely pro-prosecutorial based
on the police investigators.
-Court is more conventional and lacks the expertise to deal with such changing
organized crime. Even if the conviction is made against the accused, the
execution of the judgment is almost impossible if the accused in not in judicial
custody.
-Delay trail, threatens, social pressure, lure of other's fringe attractions
vindicate against the justice.
-Hostility of witness of the plaintiff (government is plaintiff in the
trafficking case), complaints or many times victims themselves are the major
challenges facing today.
- Malpractice in the investigation, prosecution and even in the court is
unbelievable challenges in the administration of justice.
Conclusion with Recommendations
Realizing the ever-growing problems of women trafficking, harsh laws are made
to combat the problems. Women activists, including NGOs, like Forum for Women
Law
and Development (FWLD), Maiti Nepal, LAAC etc; are doing a lot to curb the
crime. Governmental agencies are being involved to prevent crime and if the
crime occurs they are being activated to bring the criminal in the
administration of justice. Nepal is committed and cautious to adopt the
effective measures compatible with international legal requirement. However,
without real commitment to implement the laws the trafficking in women will
increase more. Therefore employment for women is fundamentally be guaranteed by
the state or benevolent organizations. Witness and victim protection scheme,
in-camera court trail and modern techniques of evidence collection should be
guaranteed which Nepal lacks at present. Immoral and inhuman social rituals and
customs against women should be eliminated by the methods of civil society's
role and severe punishment. Effective presentation of governmental agencies or
NGOs in the trafficking venerable boarder point will certainly discourage the
criminal. Extradition agreement between India and Nepal in the trafficking
charged case is the fundamental requirement to control women trafficking.
Vigilance and punishment for the malpractices in the governmental law
enforcement agencies is the basis of achieving the objectives of legal
instruments.
Article by : Kumar Chudal, Office of Attorney General, Nepal.
It is estimated that more than 150,000 innocent rural women and girl children
are trafficked to Indian brothels and cities alone for commercial sex. Numbers
of girl children and women become victims of sexual abuse, including rape inside
the country. Since the Rana's despotic family rule, rural girl children were
brought to cities for their housework or midwife. As they grown up, they were
being sexually exploited and in the past many among them were settled with their
livelihood too. This practice lured the rural poor indigenous people to send
their innocent girls for away even India for the purpose of housework. With the
pace of time, the problem spread over acutely, chronically, inhumanly and
barbarously. It is estimated that every year 5000 to 7000 Nepalese girl
children are trafficked to India alone. These facts and factors made Nepal as a
country of facing the acute women trafficking problems.
Paralumun New Age Village