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‘By fostering respect for women's rights and promoting gender equality, we can create an environment where violence and discrimination against women are no longer tolerated.’

Kathmandu: She was dissatisfied as early as when she was a high school student back in the 1990s. Dissatisfied with the way things were going around her, resentment with the way things were happening to the women around her and anger and frustration with the way women were subjected to different kinds of violence. “At times, it felt as though this was not a society built for women,’’ she shared with The DMN News. “They were treated like second-class citizens in many parts of the country and when it came to justice, it was either taken for granted, delayed, withheld or denied.”

That was back in the 90s.  Since then, Nepal has undergone significant transformations. The political upheaval of 2007 raised hopes for an end to injustices, including those against women. The 2015 constitution further strengthened these promises, emphasizing social justice and equality for women. Women began to be taken up in high-ranking political positions and policies were introduced to ensure at least 33 percent representation of women in parliament at all levels—local, provincial, and federal.

“This marks a significant step towards addressing the historical injustice and discrimination faced by women in Nepal,” she said, “though a lot needs to be done to ensure access to justice and their meaningful representation in key state institutions.”

Despite these policy advancements, when it comes to justice, says her, women still have to struggle in Nepal. And she is furious that women in Nepal still have to fight for justice—something they should have been served unasked for by the state.

Meet Rabina Shrestha, a dedicated advocate for human rights, gender justice, and peacebuilding who currently serves as the Asia Director of International Alert, who has dedicated over a decade to advancing gender equality and human rights through her work with national and international development agencies. Despite extensive efforts, she remains deeply disheartened and frustrated by the persistent injustices faced by victims of sexual and gender-based violence.

“It is infuriating and profoundly sad to see survivors of sexual and gender-based violence struggle for years to secure justice, often with no guarantee of success,” Rabina says.

To highlight the gravity of the issue, Rabina pointed to three specific cases that epitomize the systemic failures in addressing gender-based violence.

First, Rabina Shrestha shed light on the harrowing case of  Nirmala Kurmi, a woman belonging to Muslim community of Nepal’s western region.  Nirmala Kurmi’s struggle for justice reads like a tragic movie script, filled with systemic failures and exploitation.

After losing her husband in 2006, Nirmala became the target of a powerful land mafia eager to seize her property—over four bighas of land. Just four years later, her two sons died in mysterious circumstances, none of them had any health issues. Land registration certificates of Nirmala Kurmi were snatched away by the same local politician, including her sons’ and husband’s death certificate. Nirmala herself later died under similarly suspicious circumstances.

“When such details are reported should not the state bodies immediately investigate the case?” asked Rabina. “But you know what happened? Instead, an activist had to spearhead a relentless series of protests- probably the strongest of its kind in South Asia.  And what was the response?  That same activist who demanded justice for Nirmala was harassed, threatened and even arrested.”

Rabina was referring to Ruby Khan, who led a protest march from Nepalgunj to Kathmandu three years ago, demanding justice for Nirmala.  They are still protesting but their legitimate concerns have not been addressed yet.

“Should not this have been the biggest story of our times?’’ asked Rabina. “Women marching hundreds of miles away to the capital city, with their feet burning in pain and in blisters, demanding justice? It speaks volumes about their courage and the state’s indifference. It took the government months to even offer a token response, but the case is still unresolved.”

The demand of these women is simple—justice for Nirmala. It is something that should have been served unasked. It’s not an impossible request but rather a basic duty of the state—one that should have been fulfilled without protest. Yet, for over three years, these women have been struggling, even facing arrests during their demonstrations. “How can the state be so merciless?” Rabina asked, her frustration evident.

Next, Rabina talked about the tragic case of Aarti Sah, who was found dead in her residence in Janakpur.  Aarti’s husbands’ family reported her death as a suicide. However, Aarti’s mother, father, sister, brother-in-law, and other relatives alleged that she had been subjected to torture by her husband and in-laws over dowry demands. They staged protests at Maitighar Mandala in Kathmandu, demanding justice for Aarti. The family tirelessly pursued their cause, meeting with the Prime Minister and “faced arrest many times. “All for justice!” Rabina exclaimed.

“You could take these as two representative cases.   We have numerous cases of women struggling for justice in Nepal,” she said. “There are cases of victims of violence consuming poison in front of the judges at the court because they were denied  justice,” she said. 

Why does this happen? Why do women, especially those from marginalized and deprived communities, have to endure such a struggle for justice?

 “It comes down to questions like how gender-sensitive our justice delivery institutions are,” said Rabina. “It’s also about how we have set up the justice mechanisms and procedures to ensure women’s access to justice. Unfortunately, we lack proper systems and services that are truly approachable, supportive and gender sensitive.”

“Take a look at the number of women’s representation in justice mechanisms including police, attorney office and court. Their participation in the justice mechanism, especially in decision making, is negligible,” she added.

According to her, one significant reason justice remains elusive for women is the dominance of men in the justice delivery system and law enforcement agencies. “When women knock the doors of police or the courts for justice, they encounter men who may not fully understand the depth of their suffering, pain and injustice,” said Rabina. “Now think about this: A woman approaches  a court after being raped or subjected to violence. If there were a woman police or man police who are gender-sensitive they would probably deal with such  cases with greater empathy and  seriousness.”

According to the United Nations, every ten minutes a woman is killed by an intimate partner or family member. The Nepal Police data shows that 20,880 cases of gender-based violence were reported during the fiscal year 2022/23. While the increasing number of reports indicates growing awareness and willingness to report such crimes, it also highlights the systemic challenges victims face in accessing justice. Despite reaching out to authorities, many survivors encounter obstacles such as lengthy legal processes, lack of gender-sensitive support systems, and inadequate representation of women in law enforcement and judicial institutions. These barriers often discourage victims from pursuing their cases, perpetuating a cycle of injustice and undermining trust in the system.

‘It is infuriating and profoundly sad to see survivors of sexual and gender-based violence struggle for years to secure justice, often with no guarantee of success.’

According to Rabina, transformation begins when states take decisive action to ensure that violence against women carries severe consequences. This requires implementing and enforcing laws that protect women and hold perpetrators accountable. Additionally, she says, we must educate societies to recognize that women matter just as much as men. “Changing patriarchal mindsets is a key. By fostering respect for women’s rights and promoting gender equality, we can create an environment where violence and discrimination against women are no longer tolerated,” she said. “It’s a collective effort that involves governments, communities, and individuals working together to build a safer, more equitable society for all.”

Throughout her career, Rabina has witnessed countless cases of injustice against women and girls, fueling her determination to fight for their rights. “I will continue advocating for justice for women through every avenue available to me,” she affirmed.

Rabina emphasized the importance of initiatives like the 16 Days of Activism Against Gender-Based Violence which raise awareness and mobilize action to combat violence against women. “Occasions like the 16 Days of Activism can significantly impact the situation of women, not just in Nepal but worldwide,” she noted. However, she stressed that the momentum must not be confined to these 16 days. “We need to channel the same energy and dedication for this cause every day, every month, and every year, to address the systemic barriers that perpetuate gender-based violence.  According to her, this involves creating an environment where survivors feel safe, supported, and empowered to seek the justice they deserve. “Efforts to support survivors must remain steadfast and consistent, addressing systemic barriers and ensuring no one is left behind,” she said, underscoring the need for sustained efforts to bring meaningful change.