There is no specific law for eve- teasing. The only statute that touches on the issue is the Public (Offences and Punishment) Act of 1970. It criminalizes certain acts that include violating peace by the use of obscene and vulgar language, gesture and display in public places to create nuisance, the physical abuse of women as well as humiliating and embarrassing women through obscene words, gesture or display. The maximum penalty they carry is six months. The mention of the term 'Public' in the act however, reduces its reach. It removes incidents that occur in private spaces like in schools, colleges and offices. Establishing the offence, even in case of public incidents, is a problem.
Due to the lack of any specific law for eve- teasing, there is no redressal mechanism either. The best way to tackle the issue would be for the concerned people to create an atmosphere that dissuades eve teasers, be it in schools, colleges or organizations. Since, we have an Act that covers eve teasing to a certain extent, it needs to be implemented properly. For that to happen, the police have to be sensitized to the issue. The concept of public policing has recently been introduced and police posts setup in many places. Now they should initiate a proper complaint and redressal mechanism, which would prevent instances of eve teasing and harassment.
Domestic Violence: As in the case of eve teasing, there is no specific legislation dealing with domestic violence. The government recently registered a Bill in the Parliament that tries to define mental torture, verbal and physical abuse as part of domestic violence. The Bill was passed by the lower house but lapsed due to the dissolution of the house.
Rape: There is a Rape Law and a recent court decision has also made marital rape an offence. The definition of rape is very conservative. It defines only vaginal penetration as rape and excludes other forms of sexual abuse. There are a lot of cases of sexual abuse without actual vaginal penetration, which the law excludes. Incidences of rape are very high but a lot of cases go unreported because of the stigma that surrounds it. The proper implementation and enforcement of the law requires an environment that encourages the reporting of rape.
Polygamy and Bigamy: Nepali Law prohibits bigamy but does not state it is illegal. That itself is the biggest loophole. Marriage without divorce is prohibited but not illegal. In fact there are some laws under the Country Code, which facilitate bigamy. A husband can remarry without a divorce if the wife becomes blind, crippled or has taken her share of her husband's property.
The 11th Amendment to the Country Code also discriminates against the woman in a marital relationship. If a woman cannot bear children, the husband is permitted to marry again. Her barreness can even be a basis for divorce. The punishment for bigamy is negligible. It used to be an average of two months of imprisonment but has been changed to a one to three year sentence.
The times they are a changing, slow it may be, but positive indeed. We want a change in the legal system and we are getting it. The lawmakers will continue framing laws but unless we change our perception and attitudes, it will all be in vain. The laws may prohibit eve teasing and the abuse of women but it cannot prevent it. These evils can be eradicated only through an effort from each of us.
