FEBRUARY 2016

BACKGROUNDER
SERIES GENDER BASED VIOLENCE

Health Research and Social Development Forum (HERD)

Thapathali, Kathmandu, Nepal
Email: [email protected]
URL: www.herd.org.np

Authors | Dr Sushil Baral, Sudeep Uprety, Bipul Lamichhane

Introduction children, such as violence against girls in
school by male teachers or pupils, including
The United Nations defines violence against rape and sexual harassment. This may lead
women as "any act of gender-based violence to their exclusion from school due to stigma,
that results in, or is likely to result in, pregnancy or health complications. As a
physical, sexual or mental harm or suffering consequence, girls' capacity to learn and
to women, including threats of such acts, benefit from education is diminished. Both
coercion or arbitrary deprivation of liberty, boys and girls are also vulnerable to
whether occurring in public or in private trafficking where they can be sexually
life. 'Gender-based violence' is a term that is exploited as well as exposed to child labour.
often used to state that mostly violence is Most fundamentally, gender based violence
inflicted by men on women and girls. This is a human rights violation.
does not necessarily mean that men are not
affected. Men are also affected but not as Gender-based violence cuts across ethnicity,
much as women. However, it is important to race, class, religion, education level, and
understand the fact that violence against international borders. An estimated one in
women is an expression of power three women worldwide have been beaten,
inequalities between women and coerced into sex, or otherwise abused in her
men. Gender-based violence is a human lifetime. Although statistics on the
rights violation, a public health challenge, prevalence of violence vary, the scale is
and a barrier to civic, social, political, and tremendous, the scope is vast, and the
economic participation. It undermines not consequences for individuals, families,
only the safety, dignity, overall health communities, and countries are devastating.
status, and human rights of the millions of Governments and the international
individuals who experience it, but also the community have a responsibility to uphold
public health, economic stability, and to the international standards.
security of nations. Violence against women and girls is one of
Gender based violence tends to be mediated the most prevalent human rights violations
by factors such as age, religion, class, and in the world. It knows no social, economic
disability. Acts of gender based violence or national boundaries. Worldwide, an
include sexual violence, domestic violence, estimated one in three women will
sex trafficking, forced or early marriage, experience physical or sexual abuse in her
forced prostitution, sexual harassment and lifetime.
sexual exploitation. Although sexual
Gender-based violence undermines the
violence is often the most immediately
health, dignity, security and autonomy of its
identifiable form of gender based violence, it
victims, yet it remains shrouded in a culture
also includes the structural violence that
of silence. Victims of violence can suffer
results from gender biased practices, laws
sexual and reproductive health
and traditions. Examples of structural
consequences, including forced and
violence include laws that prevent women
unwanted pregnancies, unsafe abortions,
from owning or inheriting property and the
traumatic fistula, sexually transmitted
endemic poverty that leads women and girls
infections including HIV, and even death. It
to exchange sex for basic goods. Some forms
is vital to promote the rights of all
of gender based violence specifically affect
individuals and reduce gender-based

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violence while mitigating its harmful effects age 18 worldwide have encountered sexual
on individuals and communities. Unless violence that involves physical contact .
women, girls, men and boys fully enjoy their
human rights and are free from violence, There is evidence from high-income settings
progress toward development will fall short. that school-based programs may be effective
in preventing relationship violence (or
Global Status dating violence) among young people. In
low-income settings, primary prevention
The problem of gender based violence strategies, such as microfinance combined
prevails all over the world. Violence against with gender equality training and
women - particularly intimate partner community-based initiatives that address
violence and sexual violence - are major gender inequality and relationship skills,
public health problems and violations of hold promise. Situations of conflict, post
women's human rights. Recent global conflict and displacement may exacerbate
prevalence figures indicate that about 1 in 3 existing violence, such as by intimate
(35%) of women worldwide have partners, and present additional forms of
experienced either physical and/or sexual violence against women.
intimate partner violence or non-partner
sexual violence in their lifetime. Most of this Status in South Asia
violence is intimate partner violence.
Worldwide, almost one third (30%) of There are 50 million fewer women in South
women who have been in a relationship Asia today than there should be. Girl babies
report that they have experienced some are killed before birth through sex-selective
form of physical and/or sexual violence by abortions, or die prematurely through
their intimate partner. violence and negligence. Millions more girls
and women face discrimination .They have
Globally, as many as 38% of murder cases of less to eat than boys and men, are denied an
women are known to be committed by an education, are forced into dowry marriages,
intimate partner. Violence can negatively have little or no access to health services,
affect women’s physical, mental, sexual and and suffer violence.
reproductive health, and may increase
vulnerability to diseases. Factors associated One in every two women in South Asia faces
with increased risk of commitment of violence in her home. Violence is an
violence include low education, child inescapable reality of women’s lives, as the
maltreatment or exposure to violence in the social customs and attitudes that support
family, harmful use of alcohol, attitudes violence against them are entrenched and
accepting of violence and gender inequality. institutionalized at all levels; home, family,
Factors associated with increased risk of community, society, and the State. The
experiencing intimate partner and sexual pervasive culture of gender-based violence
violence include low education, exposure to in South Asia has eroded women’s
violence between parents, abuse during fundamental rights to life, health, security,
childhood, attitudes accepting violence and bodily integrity, political participation, food,
gender inequality. According to the World work, and shelter. It has severely limited
Health Organization, approximately their choices in practically all aspects of life,
73 million boys and 150 million girls under and explains the consistent poor gender-
related development indices in crucial

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sectors like health, nutrition, education, commonly reported, followed by physical
political participation, and employment. violence (26.8%), sexual violence (15.3%),
Sharp gender bias has also led to many girls and economic abuse/violence (8%). Women
and women in South Asia dying prematurely who had experienced violence reported that
just because of gender based violence. In Sri almost three-quarters of the perpetrators
Lanka, an estimated 10 percent of girls and were intimate partners (including
20 percent of boys are abused at school or at husbands).The majority of women were
home. unaware of any Nepali laws that address
gender based violence. Only 9 percent of
South Asian women and girls face a range of respondents were aware that rape within
types of violence throughout their lives. marriage is illegal, and only 13 percent were
Starting with the beginning of the life cycle aware of a specific law against domestic
they are exposed to violence based on violence. Only about one quarter of women
gender. South Asia has the highest levels of (24.8%) were aware of services available to
excess female child mortality among world the survivors of gender based violence. In
regions. Within South Asia, India has the Nepal, a study of 3,960 girls and boys found
greatest excess female child mortality of all that 10.5 percent of girls and nearly 8.0
countries for which data are available; percent of boys reported contact forms of
Bangladesh, Nepal, and Pakistan also show sexual abuse in 2005.
high levels. Since the early 1990s, however,
excess female child mortality has declined in A large proportion of women (61.3%) who
Nepal and Sri Lanka and dramatically in had experienced violence had not shared or
Bangladesh. Excess female child mortality discussed their experiences with anyone.
in India, however, has remained firmly and Family and friends were the most
largely unchanged. commonly mentioned persons from whom
women sought help when they faced
Status in Nepal violence. Very few sought help from
institutions such as the police, the health
In Nepal gender based violence is system, and NGOs. Women from lower-
widespread cutting across classes, races, caste groups or religious minority groups,
ages and religions. Women are facing widowed, divorced, or separated women,
violence at home, work place, market, road, and women living in the hill regions, were
bus, school, campus, hotel, office, law, significantly more likely to report lifetime
policy, program, health, business, court and experiences of violence. Reports of recent
so on. Persistent patriarchy and dominance violence were associated with older women
of Hindu religion and culture has treated (above 35 years), women with lower levels
women as a second class citizen from the of social networking, and women living in
very beginning. Furthermore, Hindu the hill districts.
scripture also suggest that fathers, husbands
and even sons should control women. The majority of male seem to be aware of
the issue and prevalence of violence against
Reports show that close to half of women women. When asked what the underlying
(48%) reported experiencing violence in causes of violence are, men identified
their lifetime, and over a quarter had patriarchal norms, unemployment, lack of
experienced violence in the past 12 months. awareness of women’s rights, consumption
Emotional violence (40.4%) was most

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of alcohol, and changing lifestyle or The most common form of gender based
modernization as important drivers of violence in Nepal is domestic violence, or
violence. gender based violence in families. Research
consistently demonstrates that a woman is
In Nepal, gender based violence takes many more likely to be injured, raped or killed by
different forms that includes: domestic a current or former partner than by any
violence, sexual abuse and torture, rape, other person.
sexual harassment, incest, women
trafficking, dowry and bride price, Strategies to Control
preference for boys, mental torture, verbal
abuse and gender discrimination, child  Provide women with access to legal
marriage, polygamy, polyandry, etc. representation and opportunities to
Similarly, discriminatory laws, social pursue justice against perpetrators of
customs, prejudices that undermine equal violence through the formal legal system
status and opportunities for women in  Promote gender equality in schools and
public and private life are the major widen access to education for girls. It has
contributing factors for the gender based been proven time and time again that girls
violence as is our existing patriarchal social enrolled in school are less likely to be
and cultural system, that gives lower social married early and become pregnant. If
status to women, lack of education and that weren’t reason enough, girls that
awareness, & child marriage. obtain higher levels of education are more
likely to find employment and become
The Situation Analysis of Violence against
empowered as a result of their financial
Women and Girls in Nepal, 1997, by Saathi
contributions to the family and
in collaboration with The Asia Foundation,
community.
revealed that 93% of women had exposure
 End forced early marriage and premature
to mental and emotional torture, 82% were
pregnancy, the leading cause of death of
beaten, 30% raped, 28% forced into
girls between 15 to 19 years of age. With
prostitution, 64% reported polygamy and
more than 142 million girls expected to
50% of women victims did not seek medical
marry before they turn 18 over the next
care. The maternal mortality study
decade, implementing programs which
conducted in 1998 by Family Health
offer conditional cash transfers to
Division, revealed higher suicide rate exist
incentivize families to delay their
among women of reproductive age group.
daughter’s marriages, will likely help
Both men and women can be victims of reduce arranged marriages and allow girls
violence, but the characteristics of violence to develop both physically and mentally
commonly committed against women and before marriage and child-birth.
men differ. Women are more likely to be  Create laws that states violence
physically assaulted or murdered by perpetrated by a partner or spouse is
someone they know, often a family member punishable by the law.
or intimate partner. They are also at much  Revise marriage laws that are
greater risk of being sexually assaulted or institutionally biased against women,
exploited, in childhood, adolescence or as particularly those that deny women
adults. custody over their children, inheritance,

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 and property laws and rights in cases of  Lack of strict rules to prevent gender
death, separation or divorce. based violence
 Creating effective and widespread  Accurately monetizing financial and
awareness campaigns regarding gender economic cost of domestic violence is
based violence and promoting the difficult
participation on male on these campaigns.  Weak information dissemination and poor
communication and coordination among
Current Challenges
the stakeholders
 Lack of faith of victims due to uncertainty
The problem of gender based violence
of quality of service
persists severely in Nepalese society. Nepal
 Limited treatment provisions for cases
has been able to decrease the number of
with severe injuries
gender based violence. However, it has a
long way to go before this problem is Existing Implementation Gaps
completely solved. Many challenges lie in
the solving of gender based violence. These Mechanisms for implementation,
challenges can be listed as follows: monitoring and accountability are in
adequately implemented. Implementation is
 Largely unequal power relations between
a particular challenge at district level, where
men and women in rural areas of Nepal
there is limited awareness of laws and
 Existence of social and cultural norms that
policies and lack of clarity about where
emphasizes on male dominance over
primary responsibility resides for ensuring
female and consider women to be inferior
that action is taken. Weak coordination is
than men
also a factor.
 Existence of laws and policies that pay
little attention to gender based Further, the Domestic Violence Act does not
discrimination recognize domestic violence as a crime
 Lack of reported cases on gender based against state. Rape cases have to be filed
violence to the police has caused this within 35 days; this time period may also
problem to be largely undermined and need to be revisited considering the
underestimated reluctance of many women and girls to open
 Lack of effective monitoring and up and discuss the issue publicly.
evaluation system to identify the true Punishment for those found guilty of some
nature and extent of the problem forms of violence is minimal, so the police
regarding gender based violence do not consider it worthwhile to find the
 Existence of beliefs that discriminate perpetrator.
between genders
Women lack awareness of the law, of their
 Lack of funds to look after women
rights, including protection from violence
victimized by gender based violence
and to legal redress, and of available
 Lack of awareness and consideration of
services. Women who seek formal support
gender based violence as a problem of
may suffer negative outcomes including
women and not a social problem as a
discrimination, stigma and social isolation.
whole
This is particularly true in cases of sexual
 Poor economic status and dependence of
women upon male in financial matters

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violence. Many also fear that seeking help to preventing violence against women is
will bring shame on their family. weak.

Women may be discouraged from reporting Way Forward

violence or seeking outside help. Male
dominance of institutions, including the Gender based violence remains one of the
police and the judiciary, and lack of women most serious social, legal and health
in positions of authority reinforce the challenges for the 21st century. It is a major
perception that institutions are public health problem and has a serious
unsupportive. There is limited awareness impact on women’s health and well-being. It
across all sectors of institutional is one of the indispensable issues of equity
responsibilities for service delivery and of and social justice. It happens in all the
policy directives and guidelines for dealing settings like family, community and state
with victims of violence. Available resources hence, has to be dealt with involving all the
are under-used. sectors. Much work remains to be done to
create an environment free of gender-based
Although specific budgets are available to violence.
institutions to address gender-based
violence, some district officials have cited Existing social structure and the roles that
lack of resources as a problem. The society has determined to women have
‘Domestic Violence Fund’, for example, played important role to make women face
which funds districts to provide support for various forms of violence. Consideration
women who have experienced violence, is needs to be given to change the existing
not being fully utilized; this is due to patriarchal social structure and the attitude
bureaucratic procedures, women’s lack of that exists among people through awareness
empowerment and the fact that only serious programmes. Though the constitution and
cases are reported to the Fund. Institutional government plans, policies, and strategies
accountability mechanisms are poorly have tried to address the gender based
implemented. Few institutions ensure that violence, implementation aspect of those
services are delivered or monitor the quality constitutional and legal provisions is very
or outcomes of services. weak. This calls for strong implementation
of existing laws to curb the cases of gender
There are significant gaps in available based violence.
information about violence against women.
The lack of centralized collection of data The Government should take proactive
makes it difficult to measure and monitor initiatives to implement the international
the overall burden of violence against conventions, treaties and covenants related
women. to women. The condition of women won't
improve until and unless the participation
There is a lack of robust systems for of women within the organizational
monitoring and data review at district level, structures of political parties is
and of clarity about how data is reported up increased. The cases of violence against
through the system. There is little women during decade-long Maoist conflict
information about the perpetrators of need to be investigated thoroughly and the
violence and the evidence base on effective guilty behind such incidents need to be
approaches, including with men and boys,

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brought to justice based on the principle of
transitional justice system.

Government needs to formulate new laws

such as one to deal with cybercrimes - the
lack of which has made women vulnerable
to face violence. The statute of limitation for
filing case in utterly evil crimes like rape
needs to be increased from existing 35 days.
Women's access to the judicial system and
media needs to be increased to curb
violence against women. The practice of
media to assassinate the character of
women based on false information needs to
be discouraged. Coordination and
cooperation among all sectors could help to
curb the cases of gender based violence.

A curriculum on civic education that

includes the issue of gender based violence
needs to be incorporated in secondary level
textbooks to create a society based on
gender equity. Judges and justices need to
be provided with training and orientation to
make them more sensitive to the issues
related to violence against women. Officials
in government agencies need to change
their response to cases of violence against
women.

Additional efforts need to be made to create

gender friendly work place for women.
Meaningful participation of women in all
state structures including in political parties
and their access to resources are key to end
the cases of gender based violence.