NEPAL: An eleven year old girl raped and banished from the village after found to be pregnant

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-085-2017
ISSUES: Administration of justice,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that a girl (11) of Yaku Arun village development committee (VDC) 5 in Bhojpur District was raped in December 2016. While cooking a meal at home, her neighbor Durga Bahadur Shrestha (20) took advantage of the situation and sexually assaulted her. During the assault, she was alone. Her parents were out. Her 3-year-old brother had gone outside to play. Instead of helping the girl to get justice, the villagers banished her.

CASE DETAILS: 

The girl (name withheld) was alone at home, cooking, when the assailant covered her mouth and raped her. Durga Bahadur threatened to beat the girl and kill her mother is she told anyone about the incident. The girl is too young to realize that she was being subjected to a sexual assault at that moment. She just had her first period earlier that month.

In June 2017, when the girl and her mother were preparing to go to bed, the mother saw that her daughter had a swollen abdomen. When the mother asked about this, she disclosed the incident. The following day, her mother took her to the nearby health facility. On examination, she was found to be seven-months pregnant. 

A village meeting was called where families of both the man and the girl were summoned. Durga Bahadur admitted to the crime. But his family refused to accept the Dalit girl because she was born to an unacceptable Newar father and a Dalit mother.

On 30 June 2017, the girl was banished from the village. They threatened the girl’s family with ostracisation from society if they kept their daughter at home. 

The accused, with the villager’s approval took the girl to Dharan on 30 June 2017. After three days, Durga Bahadur disappeared. When he did not return, the girl escaped. A woman helped her get in touch with her maternal Uncle and Aunt in Dharan. However, she could not muster the courage to return home. The uncle and aunt then approached the District Women’s and Children’s Office. 

On July 18, her uncle and aunt brought the girl to the District Headquarters as per the advice from the Women and Children’s Officer, Pushpalata Upreti. The Organization had discussed this incident with the Police and recommended action against the culprit. The District Police Office registered the complaint and arrested Durga Bahadur in Dharan.

The AHRC recommends the Police and the Government to do the right thing. Due to fears for her safety, the girl has been re-located to the District Headquarters. The Village Council, instead of helping the girl get justice, banished her. They must be brought under the domain of justice, too. As the girl’s mother is a Dalit, not only the boy’s family but the entire village banished her. They must be held accountable through the Caste-based Discrimination and Untouchability (Crime and Punishment) Act 2011. The girl, who has become physically and mentally fragile, urgently needs timely, appropriate treatment and counseling. THE ELEVEN YEAR OLD GIRL MUST RECEIVE JUSTICE.

SUGGESTED ACTION: 

Please write letters to the following Authorities calling on them to take the necessary action against the people involved in this incident. The Police should attend to this situation as soon as possible. They must provide security to counteract the threats made to the victim and her family.

The AHRC is writing separate letters to the Chairman of the UN Child Rights Committee, the UN Special Rapporteur on the Question of violence against women, and the UN Special Rapporteur on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance, requesting their intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

NEPAL: An eleven year old girl raped and banished from the village after found to be pregnant

Name of victim: An underage girl of 11 years
Alleged Perpetrators: Durga Bahadur Shrestha and villagers, of Yaku Arun VDC 5 in Bhojpur District
Date of incident: December 2016 to present
Place of incident: Yaku Arun VDC 5 in Bhojpur District

I am writing to voice my deep concern as I came to know that a girl (11) of Yaku Arun village development committee (VDC) 5 in Bhojpur District was raped in December 2016.

The girl was alone at home, cooking, when the assailant covered her mouth and raped her. Durga Bahadur threatened to beat the girl and kill her mother is she told anyone about the incident. The girl is too young to realize that she was being subjected to a sexual assault at that moment. She just had her first period earlier that month.

In June 2017, when the girl and her mother were preparing to go to bed, the mother saw that her daughter had a swollen abdomen. When the mother asked about this, she disclosed the incident. The following day, her mother took her to the nearby health facility. On examination, she was found to be seven-months pregnant.

A village meeting was called where families of both the man and the girl were summoned. Durga Bahadur admitted to the crime. But his family refused to accept the Dalit girl because she was born to an unacceptable Newar father and a Dalit mother.

On 30 June 2017, the girl was banished from the village. They threatened the girl’s family with ostracisation from society if they kept their daughter at home.

The accused, with the villager’s approval took the girl to Dharan on 30 June 2017. After three days, Durga Bahadur disappeared. When he did not return, the girl escaped. A woman helped her get in touch with her maternal Uncle and Aunt in Dharan. However, she could not muster the courage to return home. The uncle and aunt then approached the District Women’s and Children’s Office.

On July 18, her uncle and aunt brought the girl to the District Headquarters as per the advice from the Women and Children’s Officer, Pushpalata Upreti. The Organization had discussed this incident with the Police and recommended action against the culprit. The District Police Office registered the complaint and arrested Durga Bahadur in Dharan.

I urge the Police and the Government to do the right thing. Due to fears for her safety, the girl has been re-located to the District Headquarters. The Village Council, instead of helping the girl get justice, banished her. They must be brought under the domain of justice, too. As the girl’s mother is a Dalit, not only the boy’s family but the entire village banished her. They must be held accountable through the Caste-based Discrimination and Untouchability (Crime and Punishment) Act 2011. The girl, who has become physically and mentally fragile, urgently needs timely, appropriate treatment and counseling. THE ELEVEN YEAR OLD GIRL MUST RECEIVE JUSTICE.

I look forward to your prompt action in this matter.

Yours Sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Sher Bahadur Deuba 
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Janardan Sharma
Home Minister 
Ministry of Home Affairs
Singh Durbar, Kathmandu 
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np

3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

4. Mr. Raman Kumar Shrestha 
Attorney General
Office of Attorney General 
Ramshah Path, Kathmandu
NEPAL 
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np

5. Mr. Prakash Aryal
Inspector General of Police
Police Head Quarters 
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-085-2017
Countries : Nepal,
Issues : Administration of justice,