A complex interaction of social, relational, community, and individual factors leads to domestic violence. It’s crucial to remember that abuse is always a choice made by the perpetrator, and no factor excuses or justifies it.
The term “domestic violence” refers to actions taken by one partner to exert control over another. Regardless of whether they live together, are separated, or are just dating, this holds true for same-sex or opposite-sex partners, married or unmarried. Regardless of wealth, age, gender, sexual orientation, education, marital status, religion, culture, or ethnicity, anyone can become a victim..
A person commits the crime of domestic violence when they inflict physical or psychological abuse—once or repeatedly—on a spouse, ex-spouse, or a person who is defenseless due to age, disability, illness, pregnancy, or economic dependence.
In Nepal, most cases of domestic violence are perpetrated against women, taking various forms rooted in patriarchal cultural norms. Historically, cultural practices have subjugated women, and many forms of abuse stem from a lack of understanding of women’s equal rights. However, men can also be victims of domestic violence, perpetrated by their wives, female relatives, or others.
Section 2(ka) of Nepal’s Domestic Violence (Prevention and Control) Act, 2009 defines domestic violence as physical, psychological, sexual, or economic abuse caused by one person against another in a domestic relationship.
Who Can File a Complaint?
A “domestic relationship” includes family members living under one roof, dependents, or domestic workers. Under the Act, the following can file a complaint:
Family members: Father, mother, son, daughter, daughter-in-law, mother-in-law, father-in-law, adopted son/daughter.
Others include Domestic helpers or dependents residing in the house.
(Note: “Son” was missing from your original list.)
Types of Domestic Violence
Physical Abuse:
Injury or bodily trauma that results in a temporary or permanent loss of functiony. This includes captivity, mutilation, battery, and assault.
Mental/Psychological Abuse:
Acts of hostility directed at a victim’s mental health that result in worry, despair, or self-doubt. Examples include insults, humiliation, threats, and manipulation to make the victim feel responsible for relationship problems. Unlike physical violence, psychological abuse leaves no visible injuries, making it harder to recognize. Many victims only realize they are abused after years of suffering.
Sexual Abuse:
Any non-consensual sexual act, including rape, unwanted touching, forced oral sex, sexual humiliation, or practices compromising sexual health.
Economic Abuse:
Controlling finances, preventing employment/education, confiscating wages, or denying access to jointly owned property. It also includes financial monitoring or unauthorized spending of a partner’s money.
Can a Husband File a Case?
Yes. A husband can file a complaint under the Act if subjected to physical, psychological, sexual, or economic abuse by his wife or her relatives. (Correction: Your text incorrectly stated a husband can only file if evicted from the home.)
Where to File a Complaint
Victims can report to:
- Local police station
- National Women Commission
- Municipality/ward office
- District Court
- Complaint Procedure
Submission:
Present a verbal or written grievance to the local police station or office.. Police will document it and have you sign it.
Police Action:
For severe cases (e.g., assault, sexual violence), police file an FIR.
Summons:
The accused is summoned. Non-compliance may lead to arrest.
Victim Support:
Injured victims receive medical treatment; those with mental trauma get counseling.
Mediation: Authorities attempt reconciliation. If unsuccessful, the case proceeds to court.
Court Intervention:
Interim Protection Order:
Issued to protect the victim and may provide alternative accommodation.
Compensation:
The perpetrator covers medical costs and rehabilitation. The court decides the amount based on both parties’ financial status.
Punishment:
- Fine: NPR 3,000–25,000
- Imprisonment: Up to 6 months, or both.
- Half of the major offender’s sentence is meted out to accomplices.
Here are the main contributing causes:
Individual Factors Psychological Issues:
Abusers may have personality disorders (e.g., narcissism, antisocial traits), unresolved trauma, or severe anger management problems.
Substance Abuse
Alcohol and drugs lower inhibitions, impair judgment, and can escalate existing abusive tendencies (though they are not the root cause).
Learned Behavior
Growing up in a household where abuse (physical, verbal, emotional) was normalized or witnessed can lead individuals to replicate those patterns in their own relationships.
Entitlement & Possessiveness
A sense of ownership over a partner and a belief in the right to control their behavior, time, or decisions.
Relationship Dynamics
Imbalance of Power and Control:
At its core, domestic violence is the result of one partner controlling and imposing their will on the other. This can manifest through isolation, intimidation, threats, and coercion.
Communication Breakdown
Inability to resolve conflicts healthily, leading to resentment, frustration, and ultimately violence as a perceived “solution.”
Dependency (Financial or Emotional)
The abuser may feel threatened by the victim’s independence (financial or emotional), leading them to use violence to maintain control.
Cycles of Violence
Abuse often follows a pattern: tension builds, an incident of abuse occurs, a “honeymoon” phase follows (apologies, promises), leading back to tension building.
Societal and Cultural Factors Gender Inequality & Patriarchal Norms: Societies with rigid gender roles and male dominance can normalize the idea that men have the right to control women and their behavior. This is a major driver of violence against women.
Cultural Acceptance of Violence
Societal tolerance of violence in general, or specific forms like corporal punishment, can create an environment where domestic violence is seen as acceptable or inevitable.
Societal Stigma
Fear of judgment, shame, or bringing dishonor to the family can prevent victims from seeking help and enable abusers.
Normalization of Abuse
Media portrayals or social norms that trivialize controlling behavior or emotional abuse.
Community and Environmental Factors Social Isolation
Abusers often isolate victims from friends, family, and support networks, making it harder for them to seek help or leave.
Economic Stress: Poverty, unemployment, financial insecurity, and debt are significant stressors that can exacerbate existing tensions and increase the risk of violence.
Community Disengagement
Lack of community resources, support services, or law enforcement that effectively intervenes can perpetuate cycles of abuse.
Lack of Legal Consequences:
Weak enforcement of laws against domestic violence or cultural impunity for abusers can embolden them.
Conclusion
Domestic violence is a serious offense in Nepal. Victims should seek legal help immediately. Conversely, false accusations are punishable under the law.
Should you have any questions about Domestic Violence in Nepal then contact us directly at +977-9847691209
Ms. Advocate Alpana Bhandari is the CEO of Divorce Lawyer Nepal. She focuses her practice on all elements of family law, including divorce, custody, and property division. She advises prospective clients on, among other things, foreign direct investment (FDI), planned investments, joint ventures, and corporate and individual legal counsel on business establishment, business purchase, sales, contract review, contract drafting, share transfer, and company agreements.