Effectiveness of Policy Responses

 Effectiveness of Policy Responses

Nepal has made significant strides in addressing gender-based violence (GBV) through legislative measures such as the Domestic Violence (Offence and Punishment) Act of 2009 and the Human Trafficking Act of 2007. However, the effectiveness of these policies and their implementation at the local level face numerous challenges.

## Effectiveness of Policy Responses

### Domestic Violence (Offence and Punishment) Act, 2009

1. **Legal Framework**: The Domestic Violence Act was a landmark step in recognizing domestic violence as a criminal offense, aiming to protect women from various forms of violence, including physical, mental, sexual, and economic harm. It provides mechanisms for filing complaints and obtaining protection orders.

2. **Recognition of Rights**: The Act aligns with international standards, including the principles outlined in the UN Model Legislation on Domestic Violence. It recognizes women's rights to live free from violence and promotes accountability for perpetrators.

3. **Awareness and Reporting**: The establishment of helplines and support systems, such as the National Women Commission’s GBV helpline, has increased awareness about domestic violence. Reports indicate that thousands of calls have been received, demonstrating a growing recognition among women about their rights and available resources[8].

### Human Trafficking Act, 2007

1. **Comprehensive Approach**: The Human Trafficking Act aims to combat trafficking for various purposes, including sexual exploitation and forced labor. It provides a legal framework for prosecution and victim protection.

2. **International Commitments**: This Act reflects Nepal's commitment to international conventions against trafficking, enhancing its legal standing in addressing this critical issue.

3. **Collaboration with NGOs**: The Act has facilitated partnerships with NGOs that provide support services to trafficking survivors, helping them reintegrate into society[1][8].

## Challenges in Implementation

Despite these legislative advancements, several challenges hinder effective implementation at the local level:

### 1. Weak Enforcement Mechanisms

- **Lack of Training**: Law enforcement officials often lack adequate training to handle domestic violence cases sensitively and effectively. This leads to underreporting and inadequate responses to complaints[2][4].

  

- **Inconsistent Application**: There is inconsistency in how laws are applied across different regions, with rural areas often experiencing less effective enforcement due to limited resources and awareness.

### 2. Cultural Norms and Stigma

- **Patriarchal Attitudes**: Deeply rooted patriarchal norms contribute to a culture where domestic violence is often seen as a private matter rather than a public concern. Many individuals believe that family issues should be resolved internally, discouraging victims from seeking legal recourse[3][4].

- **Fear of Stigma**: Victims frequently fear social stigma associated with reporting violence, leading many to remain silent about their experiences. Studies indicate that a significant percentage of women who experience violence do not seek help due to concerns about being disbelieved or ostracized[8].

### 3. Limited Resources for Survivors

- **Inadequate Support Services**: While there are some shelters and crisis centers available, many lack the necessary resources to provide comprehensive support for survivors over the long term. Government-run shelters often have limited capacity and funding[7][8].

- **Short-Term Assistance**: Many shelters provide only temporary assistance (e.g., up to 45 days), which may not be sufficient for survivors who require longer-term support for rehabilitation and reintegration into society[7].

### 4. Legal Barriers

- **Reconciliation Provisions**: The legal framework includes provisions for reconciliation between victims and perpetrators, which can pressure victims into returning to abusive relationships rather than pursuing justice[2][4]. This approach can further entrench cycles of violence.

- **Nominal Penalties**: The penalties for offenders under the Domestic Violence Act are often viewed as inadequate (e.g., fines ranging from NPR 3,000 to NPR 25,000), which may diminish the deterrent effect of the law[2][4].

## Conclusion

While Nepal's policy responses to gender-based violence through the Domestic Violence Act (2009) and Human Trafficking Act (2007) represent significant progress in legal protections for women, challenges remain in their effective implementation at the local level. Structural barriers such as weak enforcement mechanisms, cultural stigma surrounding GBV, limited resources for survivors, and inadequate legal frameworks hinder progress toward eliminating gender-based violence. Addressing these challenges requires not only strengthening legal frameworks but also fostering cultural change through education and community engagement to create an environment where women feel empowered to seek help and justice.

Citations:

[1] https://un.org.np/sites/default/files/doc_publication/2021-04/DVRB%20including%20GBV%20pocket%20book-%20English.pdf

[2] https://www.kslreview.org/index.php/kslr/article/download/1021/854

[3] https://www.nepjol.info/index.php/HJSA/article/download/10689/8667

[4] https://www.nepjol.info/index.php/nppr/article/download/43442/32905/127229

[5] https://journals.sagepub.com/doi/full/10.1177/15248380231222230

[6] https://kslreview.org/index.php/kslr/article/view/1021

[7] https://www.adb.org/sites/default/files/linked-documents/55092-001-ssa.pdf

[8] https://blogs.worldbank.org/en/endpovertyinsouthasia/addressing-gender-based-violence-nepal