The Kathmandu School of Law (KSL) Legal Research and Policy Center on Sunday released a report titled 'Preventing sexual violence in Nepal through harmonizing relevant laws with international human rights standards' and suggested amendments to the Criminal Code, Criminal Code Procedure, Criminal Offence Penalty Determination and Implementation bills presented in parliament.
"While conducting several case studies, we found existing legal provisions and some of the recent verdicts have considered only forceful penetration as a crime. It is very traditional thought," said Professor Yuvaraj Sangraula of the KSL.
"As bills to replace the Civil Code (Muluki Ain) are in parliament we should come out of the traditional mindset and consider every sexual activity carried out without the woman's consent as rape," he added.
Stack of bills stalled in National Assembly
The report, prepared by conducting case studies and focus group discussions, has suggested making amendments to the bills and including provisions of providing interim reparation to the victim right after a case is registered at the court.
The report has also suggested setting a statute of limitation of 6 months to a year by amending the proposed provision of 35 days.
As KSL released the study report amidst an interaction with lawmakers, Speaker Subas Chandra Nembang said that parliament has been seriously discussing the bills and codes. "Some of the existing legal provisions are outdated and irrelevant to deal with growing number of crimes. If the parliament endorses the five bills with necessary amendments alongside Constituent Assembly drafting a constitution, it would be historic," said Nembang.
Meanwhile, parliamentarians Ramesh Lekhak and Krishna Bhakta Pokharel highlighted the necessity to amend the bills in the context of growing rape cases.
"We need laws in line with deterrent theory instead of reformative theory to discourage crimes like rape," said Lekhak. "We cannot endorse capital punishment but we can either define life imprisonment as imprisonment till death or extend the jail term," he added.
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