A Closer Look at The Cracks in Nepal’s Justice System
Despite having laws against sexual violence, Nepal continues to face serious gaps in justice for survivors. Outdated and ambiguous legal provisions fail to address the wide range of sexual crimes that occur today, while patriarchal norms and social stigma continue to silence victims. Survivors are too often blamed or shamed, seen as having provoked violence rather than suffered it. WOW sat down with lawyers, activists and advocates to examine the cracks in Nepal’s justice system – exploring how vague laws, weak enforcement and deep-rooted social attitudes prevent survivors from being heard, and what must change to ensure that justice is not only written in law but lived in practice.
Despite Nepal having laws against sexual violence, why do you think so many survivors still struggle to be heard or find justice?
Questions remain about the capability and resources of law enforcement. The rape and murder of Nirmala Panta case is a stark example where a female officer washed the victim’s pants, destroying critical evidence that could have contained the perpetrator’s DNA. Such incidents highlight the lack of proper training and forensic competence within the system.
Dechen Hyolmo Lama
Advocate, Co-Founder
Satya Raksha Law Firm and Consultancy
Dechen: On the surface, there are laws in place, but through my practice and work with various survivors, I have come to realize that how lawyers represent their clients is just as important as the laws themselves. While issues such as witchcraft and acid attacks have been recognized and incorporated into the legal framework, the real challenge lies in effective implementation. It is not only that survivors often go unheard, it is also about how their cases are represented and handled.
I see it as a 50/50 situation: on one hand, some voices are being heard; on the other, the effectiveness of legal representation and the enforcement of these laws deserve closer attention. Additionally, according to data from the Nepal police for fiscal year July/August 2023 – June/July 2024, the highest rate of survivors are known to be young women and girls, ages 11 – 18 years old. Furthermore, the data shows that 91.9% of offenders have been their acquaintances, highlighting the societal barriers causing most survivors to remain silent and never find justice.
Anita: The biggest challenge for Nepal, despite having laws against sexual violence, is patriarchy. The social structures and gender power dynamics we live in do does not favour survivors, especially young women and adolescent girls. Deep-rooted stigma, victim-blaming, and fear of retaliation silence many before they even reach the legal system. We have not yet prepared ourselves to view justice from a survivor’s perspective. In our work with girls, we see how cultural taboos around sexuality and gender discourage open conversations, particularly in rural areas. Many survivors are made to feel responsible for the violence. Institutions such as schools, police and families often fail to act promptly, while the justice process itself is intimidating. Families often prefer to settle cases privately due to fear of backlash, and girls are conditioned to believe that reporting will harm their future. Impunity persists, even when perpetrators are known.
Saroj: Survivors are often blamed when they come forward with allegations of sexual violence, creating a heavy emotional burden for them to carry. Furthermore, young women and adolescent girls are labeled as “impure” in our society because of what happened to them, they receive derogatory labels. In addition, anyone who speaks out is immediately met with suspicion, as people question whether they are telling the truth or seeking money. In sexual violence cases in this country, despite the existence of laws, women are rarely provided with a safe space to be heard. As a result, many remain silent for long periods, which often leads to the loss of crucial biological evidence of the assault. Ultimately, this silence not only deepens their trauma but also limits their chances of achieving justice.
Kanchan: Yes, Nepal has enacted laws against sexual violence that can somewhat be considered progressive and forward-looking. However, the existence of such laws and the actual experience of being heard or attaining justice are two separate realities. Merely having legal provisions written in statutes or books does not guarantee justice for survivors. The gap between the laws of Nepal and the survivors of sexual violence arises from a range of contributing factors including ignorance of legal rights, social stigma and victim blaming, the lengthy process of filing complaints and obtaining justice, the lack of sensitivity among law enforcement bodies leading to inadequate investigations, entrenched patriarchal attitudes and gender inequality, and a prevailing culture of impunity.
Sexual violence remains a crime predominantly affecting women, and within the context of Nepal’s deeply patriarchal society survivors face immense challenges from the very beginning, survivors must first struggle to articulate that a violation has occurred. Thereafter, they often face public scrutiny and blame, followed by a complex and protracted legal process in which they are frequently treated as offenders rather than victims which also occur because the survivor lacks awareness of their legal right. Collectively, these factors exhaust and discourage survivors even before they can meaningfully pursue justice.
What do you see as the biggest barriers: legal, institutional or social that prevent survivors from reporting or pursuing cases?
Dechen: All three create significant barriers preventing survivors from reporting. Discriminatory and vague laws continue to expose cracks in Nepal’s justice system. The legal definition of rape excludes male victims and anal penetration by objects and limits the act to vaginal, anal and oral penetration of the penis. This narrow interpretation allows perpetrators to exploit legal loopholes. The short statute of limitations (two to three years, that too conditionally) further ignores the psychological trauma that often delays victims from reporting. Legal language also implicitly permits marital rape, and ambiguities in child sexual abuse laws often help offenders receive reduced sentences.
Social stigma remains a major barrier. Survivors, especially women, face shame and blame, while society continues to teach women how to avoid assault rather than teaching men not to perpetrate it.
Institutionally, although Supreme Court rulings can set binding precedents, enforcement remains weak. Legal reforms have been introduced, yet administrative and implementation gaps continue to hinder justice for survivors.
Anita: The barriers are deeply interconnected. Socially, survivors face fear of judgment, gossip, and exclusion. Speaking up often means losing community support or even being blamed for the violence. Institutionally, there is a serious lack of trained personnel, especially in rural police stations and health centers who can respond with empathy and sensitivity. Survivors are often forced to recount their trauma multiple times in hostile environments. Legally, delays in investigations, limited access to legal aid, and complex court procedures further discourage them from pursuing justice. Economic barriers also play a significant role. I have personally been contacted by family members seeking help for girls who have reported sexual violence, as they struggle to cover expenses for lawyers, travel, and other related costs. Many survivors do not seek financial support because of shame or fear of being judged, and such support is rarely offered unlike funds easily mobilized for social or cultural events. This lack of economic and social backing leaves survivors isolated in their fight for justice.
Saroj: Since the system and society are deeply interconnected, changing societal attitudes toward survivors of sexual violence is essential to reforming the system itself. Greater effort is needed at the grassroots level to support survivors in reporting cases. The system can play a vital role in reducing stigma by empowering and encouraging individuals to come forward, and by providing clear guidance on how to report such incidents.
Kanchan: Rather than distinguishing between legal, institutional or social factors as to which serves as the greatest barrier, it can be stated that all of them collectively function as major obstacles preventing survivors from reporting or pursuing cases. However, the initial and most immediate barrier often emerges from society itself, or more specifically, from the survivor’s own family. Typically, a survivor first confides in their family about the incident of violation. Unfortunately, many families choose to remain silent out of fear of social stigma and shame, which results in the case never being reported. If the family decides to support the survivor in seeking justice, society then becomes another major obstacle. The community often directs offensive remarks, judgement, and social exclusion toward both the survivor and their family, causing emotional and psychological distress.
This societal pressure frequently leads to either the withdrawal of cases or the decision not to report them at all. Even after overcoming social barriers and filing a case, survivors often face further victimization through the legal process itself. During investigations, many police officers ask inappropriate or humiliating questions, exacerbating the survivor’s trauma and frequently resulting in the settlement of cases before they reach the court. Additionally, Nepal lacks sufficient institutional support systems to assist survivors throughout the justice-seeking process, further impeding their access to justice. Finally, even if the survivor manages to reach the court, they encounter legal barriers such as strict time limits for filing cases and lack of sufficient evidence, which can further obstruct the survivors from reporting or pursuing cases.
Do you believe Nepal’s justice system is equipped to handle sexual violence cases with sensitivity and fairness? What changes would make it more survivor-focused?
Many survivors are made to feel responsible for the violence. Institutions such as schools, police and families often fail to act promptly, while the justice process itself is intimidating. Families often prefer to settle cases privately due to fear of backlash, and girls are conditioned to believe that reporting will harm their future. Impunity persists, even when perpetrators are known.
Anita Thapa
Executive Director at Hamro Palo
Dechen: Questions remain about the capability and resources of law enforcement. The rape and murder of Nirmala Panta case is a stark example where a female officer washed the victim’s pants, destroying critical evidence that could have contained the perpetrator’s DNA. Such incidents highlight the lack of proper training and forensic competence within the system. We must investigate whether the police officers are well trained to handle and collect evidence from the crime scene and whether the national forensic lab is equipped with advanced technology to conduct the tests of the collected evidence?
Although there are laws that mandate the provision of relief funds for survivors, there have been cases where, despite final judgments of awarding compensation, the payments have not been made in accordance with the rulings. For instance, delays often occur when the perpetrator lacks sufficient assets to cover the compensation. Court proceedings further compound the trauma, as survivors are often subjected to insensitive and derogatory questions during cross-examination.
Anita: Not really. While there have been some positive steps such as the establishment of women police desks and one-stop crisis management centers, the justice system still lacks survivor-centered mechanisms. Sensitivity and fairness often depend on individual attitudes rather than consistent institutional practice. To make the system more survivor-focused, we need mandatory gender-sensitivity and trauma-informed training for police, prosecutors, and judges. The statute of limitations for filing cases must be extended, and survivors should have access to both legal and psychosocial support at every stage. Creating safe spaces, ensuring anonymity, and holding officials accountable for negligence or delay would make a significant difference in building trust in the justice system.
Saroj: Nepal’s justice system is not yet fully equipped to handle sexual violence cases with the sensitivity and fairness survivors deserve. Although legal provisions exist, implementation often lacks empathy and survivor-centered approaches. Deep-rooted social stigmas and victim-blaming attitudes discourage survivors from reporting, allowing perpetrators to act with impunity. Since the system and society are deeply interconnected, changing societal attitudes toward survivors is crucial to reforming the system itself. Greater grassroots efforts are needed to ensure survivors feel safe to come forward. This includes training police, medical, and judicial personnel in trauma-informed practices and creating survivor-friendly spaces in legal institutions. The justice system must also empower individuals by raising awareness of their rights and providing clear guidance on reporting procedures. Specialized units, fast-track courts, and accessible legal aid can make the process more compassionate, helping Nepal move toward a truly survivor-focused justice system.
Kanchan: Although recent legal amendments indicate some progress, it is evident that Nepal’s justice system is still not adequately equipped to address cases of sexual violence with the necessary sensitivity and fairness. Even in this era of progress, Nepal continues to hold the limited perception that sexual violence only affects women, disregarding other victims.
To ensure fairness and inclusivity in addressing sexual violence, it is essential to promote awareness and education about the varied nature and scope of such offences. Public and legal institutions must acknowledge the sensitive nature of sexual violence and the emotional and psychological trauma survivors endure. Instead of subjecting survivors to shame and blame, accountability must be placed on the offender for their actions.
However, in Nepali society, sexual violence is still too often viewed as a source of disgrace for the survivor rather than the perpetrator. To change this mindset, awareness program like legal literacy campaigns and public awareness campaigns should address issues such as gender equality, sexual violence, victim trauma, and the importance of psychological counselling. Additionally, educational programs on topics like consent, sexual violence, and gender equality should be introduced at the school level to foster understanding and respect from an early age.
Again, to ensure that the justice system becomes more survivor-focused and fair, police officers and investigating authorities should receive proper and specific training on handling sexual violence cases. Although Nepali law provides for measures such as the presence of a female officer during investigations, these laws are not effectively implemented, and female officers are often not specifically trained to deal with sexual violence cases. Moreover, the procedural complexities involved in filing and reporting cases should be simplified, as the current system is exhausting and emotionally draining for survivors who are already coping with trauma.
How much does a lack of legal awareness among the public contribute to survivors remaining unheard, and how can this gap be addressed?
Disturbingly, even those within the legal system who are meant to protect survivors’ rights have been implicated in committing acts of sexual violence and escaping accountability. Beyond enforcing the law, it is essential to examine the morality and ethics of people in power across all sectors. The digital world can play a crucial role in this process by raising awareness, holding powerful individuals accountable, and informing the public about their legal rights and possible courses of action if they experience similar situations.
Saroj Karki
Content Creator at Project Kura
Dechen: While everyone knows that rape is punishable by law, few understand the deeper layers within those laws. In regions like Kanchanpur, Kailali and Bajhang in western Nepal, marital rape remains prevalent, rooted in beliefs that men have ownership over their wives’ bodies. Many women internalize this as a duty – to keep their husbands satisfied. During my fieldwork, I met a woman who endured years of domestic abuse but stayed in the marriage because her son had not yet reached the age of 16 to apply for citizenship, which still requires the father’s documents. This illustrates how the patriarchal nature of laws extends beyond sexual violence to reinforce women’s dependency and silence.
Moreover, the lack of clarity on reporting procedures – whom to contact and whether victims will be heard, continues to deter survivors from seeking justice. Education systems and awareness campaigns must incorporate these issues into school curricula and public discourse to empower individuals with knowledge of their rights and legal recourse.
Anita: A lack of legal awareness is one of the major reasons survivors remain silent. Many girls and women don’t even know what constitutes sexual violence or what rights they have. Sexual violence has been so normalized in our society that we must educate adolescents and youth to recognize it and respond appropriately.
Through our programs at Hamro Palo, we have seen how transformative awareness can be once girls learn about their rights, they begin to speak up and support one another. We have also witnessed how both girls and boys have come together to raise their voices against sexual violence in schools. To address this gap, legal education must start early and be community-based. Schools, local governments, and civil society can work together to share clear, accessible information in local languages. Youth-led and girl-led campaigns are especially effective because they make the issue relatable and help normalize conversations about justice, consent, and equality, concepts that are often overlooked in our society.
Saroj: In our society, many people do not fully understand what constitutes sexual abuse, nor are they aware of their legal rights when such abuse occurs. Moreover, perpetrators often believe they will not be held accountable for their actions; they assume they can escape consequences, allowing their behavior to continue unchecked. In recent times, a growing concern in Nepal has been the abuse of power by individuals in positions of authority. Disturbingly, even those within the legal system who are meant to protect survivors’ rights have been implicated in committing acts of sexual violence and escaping accountability. Beyond enforcing the law, it is essential to examine the morality and ethics of people in power across all sectors. The digital world can play a crucial role in this process by raising awareness, holding powerful individuals accountable, and informing the public about their legal rights and possible courses of action if they experience similar situations.
Kanchan: Although the prevailing laws of Nepal, including the National Criminal Code 2017 criminalize sexual violence and provide remedies, a lot of survivors are unaware of their legal rights or the procedures for seeking justice. Most survivors of sexual abuse and violence are unaware of the mechanisms for reporting the cases, including their procedural rights, which has contributed to most of such cases going unreported. This limited awareness, combined with stigma and fear of social exclusion, often discourages survivors from reporting incidents or seeking support. Most of the victims are unaware of their right to confidentiality, which often leads to fear of disclosure of their identity and stigmatization. Hence, most people refrain from reporting the cases or delayed the reporting of cases or withdrawal of the cases.
Addressing this gap requires legal literacy campaigns and awareness programs. Strengthening and publicizing helplines, free legal aid and legal counselling services can bridge the gap between awareness and access Additionally, community engagement, school-based education on consent and gender equality, and legal training programs for local leaders can foster a more informed and supportive environment. Ultimately, ensuring that people know the law and trust the system is essential to make survivors’ voices heard and to end impunity for sexual violence in Nepal.
How has social media or digital advocacy shaped the conversation on sexual violence and accountability in Nepal?
While the National Criminal Code 2017 criminalizes sexual offenses and outlines mechanisms for redress, complexities found within such processes include strict limitation periods, weak procedures regarding digital evidence, and very limited protection of victims. These often make it impossible for digital advocacy to translate into successful prosecutions.
Kanchan Adhikari
Senior Associate at Imperial Law
Dechen: Social media has played a crucial role in bringing issues of sexual violence to light, serving as a powerful platform for amplifying unheard voices. The global #MeToo movement is a prime example of how digital spaces can challenge silence and demand accountability. Even high-profile cases, such as that of Prince Andrew – who was stripped of his royal titles following allegations of sexual abuse – demonstrate the reach and influence of online activism. Social media, therefore, remains an invaluable tool in the fight against sexual violence and the pursuit of justice.
Anita: Social media has given survivors and young people a voice that traditional systems often deny them. Almost every time I log into social media, I see posts by young women or adult women sharing their personal experiences of sexual violence, sometimes by intimate partners or family members. Many are using these platforms to finally speak out after being silent for years. I have also seen young people use their platforms to raise awareness about legal rights and procedures, which is helping shape a more informed conversation. However, not all digital spaces are safe, some, like TikTok, can become hostile environments where survivors are blamed or discredited. In some cases, political influence or patriarchal attitudes drive this backlash. Still, online movements have helped break the silence, demand accountability, and build solidarity. Digital advocacy has made sexual violence a public issue rather than a private shame, especially among youth, and it has pressured institutions to respond more transparently than before.
Saroj: The intention behind a content creator’s work in the digital advocacy space is crucial, as it shapes not only their credibility but also the impact of the messages they share. For new creators seeking attention and visibility, there can be a temptation to take a provocative stance, such as questioning the motives of those who come forward with allegations because it may generate immediate engagement or controversy. During the #MeToo movement, for instance, many creators hesitated to speak out against powerful figures, fearing backlash, reputational damage, or alienating their audience. However, such approaches risk undermining the very advocacy they aim to promote, shifting focus from systemic issues to sensationalism. Authenticity, thoughtful research, and ethical responsibility remain essential for creators striving to make a meaningful difference in online discourse, ensuring that their work contributes positively rather than perpetuating doubt or harm. Ultimately, the long-term influence of a creator depends on the integrity of their intentions and the way they navigate sensitive conversations in the public sphere.
Kanchan: Social media and digital advocacy have reshaped the discussion on sexual violence and accountability in Nepal. Social media sites like Facebook, TikTok, etc., provide survivors and activists with a public forum to share experiences, highlight injustices, and demand accountability that were previously unheard. This, in turn, has created collective awareness within the public challenge victim-blaming narratives, mobilize public opinion and increased social pressure on the authorities to act upon the reports of sexual violence.
Online campaigns, such as #MeToo movements, have prompted investigations, policy amendments, and institutional responses that traditional complaint mechanisms could not achieve. Nevertheless, implementation through digital advocacy remains complex. While the National Criminal Code 2017 criminalizes sexual offenses and outlines mechanisms for redress, complexities found within such processes include strict limitation periods, weak procedures regarding digital evidence, and very limited protection of victims. These often make it impossible for digital advocacy to translate into successful prosecutions. Public shaming on social media also exposes survivors to social stigma, defamation risks, and secondary trauma amongst others while raising concerns about due process. Overall, social media has raised discussions on sexual violence, revealed institutional weakness, and pushed for legal reform. This, however, requires Nepal to develop stronger procedural safeguards, extend limitation periods, and make sure that survivors’ digital voices are given actual legal protection without online backlash.
What steps – legal, institutional or societal – do you believe are most crucial to ensure survivor voices are not just heard but acted upon?
Dechen: Digital laws must keep pace with technology. In one case, a woman’s profile picture was misused online, yet the Cyber Bureau refused to file her complaint because her face was not visible, highlighting major gaps. Nepal still lacks laws addressing deepfakes and online abuse, and the IT Bill remains pending.
Furthermore, legal loopholes must be addressed, and strong laws should be properly implemented. Patriarchal provisions should be amended, and NHRC directives should be taken seriously. The gap between law and institutions must be bridged to ensure accountability. Socially, women must be empowered to speak out, men educated to respect women, and regressive beliefs challenged. Though Nepal is a party to nine core human rights treaties, including CEDAW, their implementation remains weak.
Anita: Change must happen at all levels. In our society, education and mindset shifts are essential – we must challenge gender norms, break the culture of silence, and foster empathy instead of blame.
At Hamro Palo, we believe that empowering girls with knowledge, voice, and leadership skills is foundational. When girls understand their rights, and when families and communities learn to listen and support them, the path to justice becomes not only stronger but also more sustainable.
Institutionally, we need stronger accountability systems within the police and courts, greater investment in one-stop crisis management centers, and prioritization of survivor support services.
From my experience, when the survivor is a young woman or girl, she often seeks a trusted female officer to feel safe and confident in sharing her story, highlighting how crucial gender dynamics are within institutions.
Legally, survivor protection mechanisms must be strengthened, and existing fast-track or special court systems must be made swift, accessible, and fully functional.
Saroj: We already have laws in place; what we urgently need is their proper implementation, along with greater accountability and responsibility at every level. Our legal system must be robust enough to support individuals who come forward, beginning from the very moment they report a case. There should be consistent and meaningful efforts to guide and assist them throughout the process. This includes providing counselling services not only for survivors but also for their families, who are often deeply affected and play a crucial role in their support network. Families, in particular, should encourage and empower their loved ones to seek justice, rather than subjecting them to shame or blame.
Instead of focusing solely on creating new laws or sweeping reforms, the priority should be strengthening and improving the systems we already have, ensuring that they are responsive, compassionate, and effective for those who need them most.
Kanchan: I believe that effective coordination and integration among legal, institutional, and societal mechanisms are essential to ensure that survivors’ voices are not only heard but also translated into concrete action. This requires a comprehensive shift toward a survivor-centered and trauma-informed approach that mandates systemic reform and accountability across all levels of governance and society. Society must prioritize the protection and welfare of victims rather than that of offenders. Reform should begin at the grassroots level by transforming public attitudes and mindsets. Families, communities, and survivors themselves must be made aware of the legal rights of the survivors, as their attitude significantly influences the reporting of sexual violence.
In the context of Nepal, the primary challenge lies not in the inadequacy of the law itself, but in its ineffective enforcement. If institutional bodies were to fulfill their legal obligations diligently, survivors of sexual violence would have greater access to justice. Furthermore, police officers and investigating authorities must receive specialized training to handle cases of sexual violence with sensitivity and professionalism, while fully appreciating the gravity and impact of such offences.
The government must reinforce transparent reporting procedures and safeguards against secondary victimization, as well as accountability measures for institutions that fail to act appropriately on survivors’ reports. Families and communities should play a proactive role in supporting, encouraging, and protecting survivors, thereby enabling them to report incidents within the legal timeframe.
