A delegation of six civil society organizations-- Amnesty International Nepal; Burn Violence Survivors Nepal; Forum for Women, Law and Development (FWLD); Justice and Rights Institute Nepal (JuRI-Nepal); Legal Aid and Consultancy Center (LACC) Nepal; and Women's Rehabilitation Center (WOREC)--- submitted a set of recommendations on the drafting of a new legislation on acid violence to Law to Justice Minister, Shivamaya Tumbahangphe, during a meeting at her office on 16 September, 2020. Credit: Burn Violence Survivors, Nepal

By Simone Galimberti and Sanju G.C.
KATHMANDU. Nepal, Oct 5 2020 (IPS)

After a prolonged lobbying campaign, the Government of Nepal recently took some important actions against perpetrators of acid attacks while offering better provisions to support the process of rehabilitation of their victims.

The turning point was an announcement made by Prime Minister K.P. Oli on the 10th September, 2020 in the aftermath of a meeting with a delegation of six civil society and human rights organizations actively working on the issue.

During the program that also included an interaction with a group of survivors, Prime Minister Oli declared the Government would introduce a new legislation that would curb and prevent acid and burn related crimes.

On the 28th of September, President Bidhya Devi Bhandari issued two ordinances strengthening the legislation against acid attack, a plague that is becoming more and more common in Nepal as elsewhere in the region.

The promulgation comes at a critical juncture when violence against women and girls in Nepal has been on the rise, especially during the Covid induced lockdown and what has now been hailed as the ‘shadow pandemic’.

Through the new measures, perpetrators will have to pay a much heavier price for committing such heinous crimes including an increase in prison term to 20 years and a fine up to approximately 10,000 USD that would be used to compensate the victims.

In addition, the Government will bear the cost of treatment of the victims and also will regulate in a much stringent way the sales of chemicals being used for such attacks.

While there is no doubt that the two ordinances that still must be approved by the Parliament within six months before automatically elapsing, are important milestones to effectively deal with acid attacks, they are falling short of expectations.

The group of civil society organizations (CSOs) working on the issue had recommended a completely new set of legislation rather than amending the Penal Code as done by the Government through the two ordinances.

The rationale for a completely new piece of law is straightforward: stronger punishments together with a resolute commitment for treatment, something that perhaps should be granted elsewhere, and a long due regulation on the sale of acid chemicals, do not go far enough to ensure that the problem will be definitely eradicated.

This is the reason why a comprehensive set of recommendations was submitted during the meeting with Prime Minister Oli, including not only preventive measures but, very importantly, also proposals to fully rehabilitate the victims towards regaining a normal life.

Besides the measures incorporated in the two ordinances, the representatives of the civil society have been demanding for special social protection and compensatory safety net, relief for dependents of the victims, safety, security, and protection from discrimination for the victims and their family.

Twenty-five years after the historic Beijing women’s conference in China – a milestone in advancing equal rights – violence against women and girls is not only common, but widely accepted, a new UN report revealed last week. Credit: UNICEF/Noorani

In addition, the civil society also called for awareness on the issue of burn and acid violence, its effects and treatment. The fact that the Prime Minister Oli followed up on its promise, albeit only partially, is praiseworthy but not enough.

“Though the proposed provisions in the ordinance are very progressive than the existing legal provisions, it will be more comprehensive if the new law addressed issues such as survivor’s safety, treatment and overall well-being” shares Sabin Shrestha, the Executive Director of the Forum for Women, Law & Development (FWLD), one of the organizations engaged in drafting the recommendations.

Moreover, as often happens in countries struggling to reinforce the rule of law, the real issue will now be to wait and see how the new provisions of the Penal Code will be implemented on the ground.

Shrestha shares the concerns: “the new legal provision needs to be translated in reality and focus should be on the implementation of the law. Effective monitoring mechanisms should be ensured ultimately benefiting the victim”.

The demands from the civil society must be taken further into consideration with an even more specialized act for acid and burn related crimes which is comprehensive and addresses the socio-economic, psychosocial, and emotional costs of acid and burn related crimes.

“It is important to ensure that the specific legislation on acid violence adopts a comprehensive approach to focus on all aspects of the crime and its impact on victims/ survivors” Shrestha adds.

While the focus of the two ordinances have been on acid attacks, burn related crimes, a definition broader than narrowed terminology of “acid attacks” should also be fully acknowledged and properly addressed as highlighted by Pratiksha Giri, Executive Director Burns Violence Survivors Nepal, a local not for profit actively working on the reintegration and rehabilitation of the victims.

While the two ordinances have rectified the existing loopholes within the law that prevented fair and swift justice in the past and have been drafted from a victim centered, justice oriented approach as it was explicitly advocated by Muskan Khatun, Jenny Khadka, and Sangita Magar on behalf of the 12 survivors who met Prime Minister Oli, which in itself is an important achievement, more action must follow.

The full eradication of acid and burn attacks requires not only a speedy approval of a dedicated piece of legislation but also a comprehensive approach to prevent any kind of violence against women.

“The education curriculum has incorporated issues of violence, social injustices and inequalities in its curriculum to create awareness around the prevalent issues of contemporary society however, only superficially” says Giri.

She further elaborates, “Educating young children acts as predominant factor to raise awareness and bring about positive changes in the mindset of young children through the knowledge they acquire from schools”. We cannot agree more.

Hopefully the steps taken by the Government will also embolden and encourage civil society activists and the survivors to ask for more.

It is their right and their demands must be heeded to at the earliest.

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Sabina Rimal is the Program Officer at Women's Rehabilitation Centre (WOREC) Nepal, an organization working for the protection and promotion of women’s human rights. In her role, Rimal counsels survivors of gender-based violence (GBV) and manages supervision of psycho-social counseling sessions and coordination of safe houses across WOREC‘s network in Nepal. Currently, WOREC is working in 16 communities in Nepal and has catered to over 800 survivors of GBV during three-months-long COVID-19 lockdown in Nepal. Credit: UN Women

By Sanju G.C. and Simone Galimberti
KATHMANDU, Nepal, Sep 10 2020 (IPS)

The recent attack on 22 year old Pavitra Karki has yet again stoked the discourse on acid attacks and gender based violence in Nepal. Pavitra is one of the many young women in Nepal who were targeted by young males, a tragic but more and more common occurrence in the country and elsewhere in South Asia.

Within the last 6 years, there have been at least 4 incidents of acid attacks every year and a total of 20 reported incidents from 2014 to 2020 in Nepal.

It is not surprising that the majority of these victims are women with rare instances of males being victims too.

The recently imposed lockdowns have further proved how such violence against women are part of the normal.

While the motives behind most acid attacks are rejection, unrequited love, and ending of romantic relationships by females, the recurring theme from the incidents point to a larger problem of toxic masculinity, patriarchy, and misogyny that is embedded within our social culture where men feel the need to ‘react’ when they are denied the things they want by women.

The inability to handle and cope with rejection and the troublesome need for retribution points to the fragile male ego that has been condoned for so long and goes unchecked in our society.

Our social norms tolerate and perpetuate patriarchal values where the sense of ‘male privilege’ and ‘male entitlement’ bears a strong foothold in our daily interactions, whereas women have no agency in the matters of love, sex, relationship, marriage, and money among other things.

The message is clear that any form of transgression within the existing gendered norms and power dynamic is not welcome and if challenged, the consequences for women can be lethal.

The ongoing gender dynamics should be understood within the broader and intersecting patterns of oppression and marginalization recurrent in the country.

Just as with the case of caste and race discrimination where we cannot achieve equality unless those in the upper castes understand that the problem as well as a big part of the solution lies within them, it is important for our men and young boys to awaken that gender issues and violence is their issue too and they are a part of the solution.

Acid burn victim Ponleu with wedding photo. Credit: UN Women/ Phil Borges

What is needed is male reckoning, an allyship where men are not passive bystanders to gender norms, discrimination, and violence but partners who actively participate in daily discourse against all forms of social injustice including gender inequality.

Some positive developments are happening.

A new Criminal Code Act entered into effect in August 2018 which criminalizes acid attacks with perpetrators facing up to eight years jail time and a fine.

While human rights activists and organizations are lobbying to formulate a specific legislation against acid and burns related violence, debates on regulating the access, supply, and control of toxic acidic chemicals are ongoing.

No matter how stringent the rules and regulations are, they alone are not the solution and cannot curb gender based violence.

A cultural shift in the way we think about and do gender needs to happen at a structural level.

It is granted that education should play an important role in changing young males’ perceptions, attitudes, and behaviors but families, schools, teachers and the entire learning process are deeply entrenched in the same beliefs that allow the popular culture to breed gender discrimination and violence.

Forward, progressive thinking and a different, more open perception towards sexuality does not happen overnight.

Activism with grassroots campaigning can also play an important role but we need to think in a more structural and systemic way at solving gender violence for good.

In the short run, bodies like Nepal Women Commission should be strengthened in its role as an advocate and protector of women’s rights.

A better referral system for victims of gender violence is needed as advocated by the World Bank that is already supporting a national helpline.

Acid attacks victims should be encouraged to attain a dignified and productive role in the society even through scholarships and job reservations where the government of Nepal assumes an active role in the rehabilitation process.

On the one hand, efforts must continue in supporting young women to think and act as if only the sky were the limit to their prowess and ambition.

Leadership training, volunteering opportunities are all tools for young women’s self-empowerment equipping them with tools to defy gender norms which are stacked against them.

Now mostly available to girls from middle and upper class families, such programs should be extended and scaled up in order to reach the most vulnerable girls and young women in the most conservative regions.

On the other hand, we have the challenge of finding effective ways to include boys and young male adults in rethinking women’s role in society.

Engaging boys and young males in understanding and fully accepting their female counterparts as equal partners will require a multi-dimensional effort that should start from an education sector emboldened and mandated to re-imagine a society where women have freedoms and lead.

A new generation of educators could make the difference if be equipped to shape the classroom as a space for a new narrative on gender dynamics and power relations.

More meaningful extracurricular activities and volunteering, including mentoring and peer to peer opportunities in partnership with local youth groups could offer pathways to self-growth for both sexes.

Such partnerships would help generate new attitudes and behaviors that will lay the ground for a more just and equitable society where women can thrive.

Ending acid attacks against women and overall stopping the perpetration of violence and abuse towards them will require a mix of short and long term actions by multiple actors working together.

It is in the society’s interest to find ways to muster the necessary willpower and ingenuity to change the status quo, allowing women to develop their potential, gaining the freedom to make decisions on their own without risking their lives.

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